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HomeMy WebLinkAbout1973-12-19 Council MinutesA A G H N D A REGULAR MEETING, KENAI CITY COUNCIL I►ECEMBER 19, 1973, 8:00 P.M. KENAI LIBRARY PLEDGE OF ALLEGIANCE PAGE: A: ROLL CALL 8: PUBLIC HEARINGS B - B - 1: Ordinance 234-73 - bstablishing Sewer Improvement District 73-52 1-3 2: Ordinance 236-73 - Adopting Amendatory Budget C: PERSONS PRESENT SCHEDULED TO BE HEARD: 3-4 21- Art Evans -Mayor's Committee Audit, Budget 4 Finance . 3 3. 4. D: MINUTES I. Minutes of Regular Meeting, December S, 1973 S H - 2: City Attorney's Report E: CORRESPONDENCE NONE 1. 2. 3. 4. F: OLD BUSINESS 1. Cash in Leave - Richard McGrady - Ratification 2. Trailer Ordinance ! 5 I 3. Alaska Barite Lease 4. S-6 Kelly's Sub contractors - Public Safety Building S- Mommsen S/D 6 6. 6 , G: NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Ordinance 238-73 - General Penalty and Interest Ordinance. 3. Resolution 6 73-40 - Authorizing City Manager to sign Covenant 7 on Project 07-1-00058 - Industrial Air Park 4. Request for games of chance 8 skill - Chamber Qgg Co merce S. Request for payment, Wince, Cort ell 4 ssoc. 510,8,4.63 6- 7 Request for payment, Wince, Corthell 4 Assoc. $2,4S8.50 7. Resolution 73-41 - Accepting $45,000 Library 7 t 8 Grant 8. Resolution 73-42 - Amending Personnel Manual 9. Request for 8 games of chance 4 skill - City of Kenai 10. Request for games of chaClub 11. chance 4 skill - Elks 8 7 t 12. 7 23. 14. 1Ss H: REPORTS 1- City Manager's Report a. 8-9 b. C. d. e. 3. Mayor's Report 4. City Clerk's Report 9 - S. Finance Director's Report NONE 6. Planning 6 Zoning's Report 9 7. Borough Assemblymen's Report NONE I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 1. 9-10 2. 3. 4. •. 0 MINUTES KENAI CITY COUNCIL REGULAR MEETING DECEMBER 19, 1973 8:00 P.M. KENAI LIBRARY The Council gave the Pledge of Allegiance. ROLL CALL: Members present - Robert Norene, H . J . Steiner, C.E. Johnson, James Doyle, Tru McGrady and Mayor John Steinbeck. Members absent - A. L. Hudson B: PUBLIC HEARINGS B - 1: Ordinance 234-73 - Establishing Sewer Improvement District 73-52 Mayor Steinbeck recessed the meeting and opened it up for a public hearing. The Clerk read the Ordinance by title. Mr. Glad asked what areas this district covered. Mr. Navarre reported it covered Mommsen, Bush Lanes and properties along the East/West Interceptors. Mr. Dunkley stated we received two assessments. Does one amend the other? .' Mr. Navarre stated the latter one is correct and to disregard the first one. Mr. Tressier asked if the assessment Is as it is now or with the risers up? Mr. Navarre asked if the amendments to the Ordinance could be read at this time. Mayor Steinbeck asked the Clerk to read the amendments, which she did. Mr. Navarre explained the first amendment is a separability clause. The second, the hook up fee, the third and fourth a better definition of Zone 1 and 2 and the fifth, an automatic deferment of assessments of any parcel over 330' long until developed. F5:11's MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page two B - 1 - Public Hearing - continued Mr. Glad asked if the hook up fee will be incorporated into the assessment? Mr. Thornton asked if the hook up would be one lump sum? Mr. Navarre stated the hook up is separate from the assessment. The Council would make the decision if it were to be a lump sum payment or spread over a number of years. There was some discussion on the laws regarding assessing of not over 25%of fair market value, as to which law prevails, the State law or the City law, as a home rule city. The Charter states "no special assessment shall be levied by the City government against any property in excess of 25%of the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which assessed". Mr. Navarre stated this law prevails over the State law but the State law could be used for interpretation. He further stated it appears all assessed properties are within the law. The cost of the hook up fee was discussed and the figure $275 was generally agreed on. —IN Y, Mayor Steinbeck asked Mr. Howell if he felt the $275 a fair figure. He stated for sewer, yes, but not for water. Mr. Glad stated he has four - 21 acre lots and doesn't object to the $.0675 per sq. ft. and the $275 for hook up sounds reasonable, but would like to see it incorporated into the assessment and amortized over ten years. --�, Mr. Barber stated he had attended a Planning 9 Zoning Meeting and was told this would be a Federally sponsored trunk line. Mr. Navarre stated as yet we have received no grant monies. They have been applied for. We are attempting to equalize the cost to the taxpayers. Some of the grant money will be reserved for laterals. If grants were not available this assessment would be around $.14 to $.16 per sq. ft. After more discussion, the public hearing was closed and brought back to the Council table. Doyle moved and Steiner seconded to approve Amendment #1 of pending Ordinance 234-73, and changing the word "lease" to "Ordinance" in the first sentence of Section 9 and inserting $275.00 in Section 10. It was suggested to add in Section 10, the payments be over a five year period. Mr. Navarre suggested you set the fee and see how the hook ups come in and mend the ordinance at a later time. There was no objection. F-- MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page three B - 1 - Public Hearing - continued The motion for Amendment #1 of pending Ordinance 234-75 carried unanimously by roll call vote. Doyle moved and Johnson seconded to adopt Ordinance 234-73, as amended, establishing Sewer Improvement District 73-52. The motion carried unanimously by roll call vote. Voting yes; Norene, Steiner, Johnson, Doyle, McGrady and Steinbeck. There were no objections from Council to hear C - 1 - Art Evans at this time as it pertains to the amendatory budget. C - 1: Art Evans, Mayor's Committee Audit, Budget S Finance Mr. Evans stated that as a result of a committee meeting yesterday, the committee has prepared a statement and opinion and asked It to be read Into the record. The statement is as follows: "We, the Budget, Audit and Finance Committee, are of the opinion that the proposed amendatory budget has some merit in correcting current operational problems, but it completely ignores the critical financial position of the City of Kenai. There are no provisions for reducing prior year deficits and actually the overall deficit will increase by $71,832.00. We feel that it is time that the Council and Administration face reality by reducing expenditures. Present services have been established on a level of spend- ing in excess of $400, 000.00 a year over budget. If this base of established expenditures is to continue, we feel It is time that the taxpayers be informed in this matter since they will be paying the increased taxes". Mr. Navarre stated it is our intent to reduce the deficit. There is no deficit spending in this year's budget. Hopefully the expenditures will be reduced and hopefully the revenues increased and will be used to off set deficit. Mr. Chen stated with the amendatory budget adjustments the now existing $71,000 deficit will be reduced to $25,000 by the end of the year. 8 - 2: Ordinance 236-73 - Adopting Amendatory Budget Mayor Steinbeck recessed the meeting and opened it up for a public hearing. Mr. Thornton stated taxpayers have to pay the bills. He feels we should practice conservative government. b �1 MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page four B - 2 - Public Hearing - continued Mr. Glad felt the cards should be laid on the table, either cut back services or increase the mill rate. Councilman Doyle stated it is the intent of Council to have a balanced budget and not overspend it. We are trying to use the Audit Committee to guide us. The Mayor called a ten minute recess and reconvened the meeting at 10:25 P.M. Steiner moved and Johnson seconded that so much of the proposed pending Ordinance 236-73 shall be amended in its entirety and inserted in lieu thereof is the proposed ordinance language attached hereto. Councilman Doyle stated he is not in favor of some of the four new positions and would like to discuss it now or in a work session. Mayor Steinbeck felt this is the time to discuss it. Councilman Doyle stated Administration recommends hiring a full time attorney. He felt the better time to look at this is at budget time. Councilman Doyle further stated he sees a need for an Assistant City Managen or Engineer and would rely on Administration on the two secretaries. Councilman Norene felt there would be no harm in waiting 6 months to hire a City Attorney. The labor expense could be used in other areas. Councilman Steiner stated there is no difference between now and June 1. The need is there. If a full time attorney is not hired, the $17,000 left In the budget is not sufficient. Mr. Navarre stated we need an in staff attorney to reach goals of having additional revenues. A good portion of his time in the next six months would be used working on foreclosures. He would assist in acquiring the deed to the tidelands, help In codification of ordinances, write ord- inances, resolutions and prevent general administration mistakes. After more discussion, Amendment #1 to Ordinance 236-73 carried unanimously by roll call vote. McGrady moved and Steiner seconded to adopt Ordinance 236-73, as amended, adopting amendatory budget 1973/74. The motion carried unanimously by roll call vote. Voting yes; Norene, Steiner, Johnson, Doyle, McCrady and Mayor Steinbeck. MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page five The following items were added to the agenda: F - 2 - Trailer Ordinance F - 3 - Alaska Barite Lease F - 4 - Kelly's Sub contractors - Public Safety Building F - 5 - Mommsen S/D C: PERSONS PRESENT SCHEDULED TO BE HEARD: C - 1: Art Evans - Mayor's Committee Audit, Budget 8 Finance Heard after B - 1. D: MINUTES The Minutes of the Regular Meeting of December S, 1973, were approved as distributed. H - 2: City Attorney's Report Left earlier In the meeting. E: F: F-1: F-2: K= None. OLD BUSINESS Cash in leave - Richard McGrady - Ratification Mr. Navarre reported Council had been polled on this earlier and needs ratification. Mr. Navarre informed Council of the new policy concerning using at least 80 hours of leave a year. Councilman Norene felt the Committee on the personnel manual should be activated. Johnson moved and Doyle seconded to approve the action of the City Manager in cashing in leave for Richard McGrady. The motion carried by roll call vote with McCrady abstaining. Trailer Ordinance Councilman McGrady stated the Ordinance was approved by Kenai Planning E Zoning and Kenai City Council and has not been taken to the Assembly and would direct the Administration to move into the proper channels. 04 MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page six F - 2 - Trailer Ordinance - continued F-3: G: G-1: Mr. Navarre stated it has been sent to the Borough. The Borough Planning & Zoning hasn't acted on it yet. Mr. Navarre stated he will follow up on this. Councilman Johnson stated the Ordinance is a good one but we can't do anything until the Brough has an ordinance. Alaska Barite Lease Councilman Doyle asked the status of the Alaska Barite lease. The City Manager stated he is working on this. The orginal lease has expired. It had two - five year options, but no written option request was received. This was sent to the Planning & Zoning and they recommended a one year extention until proper planning and useage is adopted. The repairs and maintenance needs to be worked out. Kelly's Sub Contractors - Public Safety Building Councilman Doyle asked why can't we accept the building as it is, finish it and get the federal monies so the sub contractors can be paid. Mr. Navarre stated this item is also on his desk. He is going to Anchorage tomorrow to try and straighten this out. There is a list of subs that money is owed to. Some of the local contractos are not on the list that filed liens. Mommsen S/D Councilman Steiner stated now that Mommsen is tied in and served by City water, he has been getting inquiries If they are entitled to a five rating. He asked if Administration has taken any action to get this reduction. The City Manager stated this is done through the Fire Department. The fire rating board has to come in. it is requested it be added to the present district. This will also apply to Bush Lanes S/D. NEW BUSINESS Bills to be paid - bills to be ratified Johnson moved and Norene seconded to approve payment of bills and ratify payment of bills as listed on the memo of 12/19/73. The motion carried unanimously by roll call vote with Doyle abstaining from voting on the Doyle's Fuel Service bill. L - f3 MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page seven r G - 2: Ordinance 238-73 - General Penalty and Interest Ordinance 1 The Clerk read the Ordinance by title. Norene moved and Doyle seconded to Introduce Ordinance 238-73 - General Penalty and Interest Ordinance, striking the words on line 3, page 2, "on both the penalty charge and the amount due". The motion carried unan- imously by roll call vote. G - 3: Resolution 73-40 - Authorizing City Manager to sign Covenant on project 07-1-00058 - Industrial Air Park Doyle moved and McCrady seconded to adopt Resolution 73-40 - Authorizing City Manager to sign Covenant on project 07-1000058 - Industrial Air Park. The motion carried unanimously by roll call vote. G - 4: Request for games of chance and skill - Chamber of Commerce G - 9: Request for games of chance and skill - City of Kenai G - 10: Request for games of chance and skill - Elks Club Doyle moved and Johnson seconded to approve the requests for games of chance and skill - Chamber of Commerce, City of Kenai and Elks Club. The motion carried unanimously by roll call vote. Mr. Navarre wondered if Council would delegate the City Manager to approve all request for renewals of games of chance and skill and bring all new accounts for Council's approval. i . I ' Steiner moved and McCrady seconded to delegate the City Manager to _ approve requests for renewal of permits for games of chance and skill and to bring new accounts for Council approval. Unanimous consent was asked and granted. G - 5: Request for payment - Wince, Corthell 6 Assoc. - $10,844.63 Mr. Navarre stated this is for design work on the Kenai Sewage Treatment Plant. Doyle moved and Norene seconded to authorize payment of $10,844.63 to Wince, Corthell 6 Assoc. WPC-AK-33. The motion carried unanimously by roll call vote. 1 F f I 1 5 1 ` 1 1 1 I MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page eight '! G - 6: Request for payment, Wince, Cortheli b Assoc. - $2,458.50 Mr. Navarre stated this is for assessments and procedures. ! Johnson moved and McGrady seconded to authorize payment of $2,458.50 to Wince, Cortheil & Assoc. for assessments and procedures. The motion carried unanimously by roll call vote. G - 7: Resolution 73-41 - Accepting $45, 000 Library Grant McGrady moved and Johnson seconded to adopt Resolution 73-41 - Accepting $45, 000 Library Grant. The motion carried unanimously by roll call vote. G - 6: Resolution 73-42 - Amending Personnel Manual Mr. Navarre stated this resolution is to take care of the overtime situation on a temporary basis until the Ist day of July, 1974 and only when the budget has the dollars. The overtime must be approved in advance by the City Manager. ' Johnson moved and Steiner seconded to adopt Resolution 73-42 - Amending the Personnel Manual adding in Section 4, D, 10 "working" days. Councilman Doyle felt the personnel committee should revise the whole manual. The motion carried by roll call vote with Doyle and McGrady dissenting. ' H: REPORTS H - 1: City Manager's Report k Mr. Navarre reported the day before Christmas and the day before New Years, when possible, one half the personnel will be off one day and one half the following Monday. The City is not planning a Christmas party this year. The City Manager stated that in Councils packet are specifications for a City Engineer and City Attorney. The City has not advertised as yet but has one attorney interested. Mr. Navarre stated his resume impressed him and it is available for Council to see at the City office. The applicant would like a ticket to come to Kenai to be interviewed. Mayor Steinbeck felt we should review all applications before sending tickets, but at least look at this application first. i MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page nine t� H - 1 - City Manager's Report - continued H-3: F� H-4: G-5: ' H-6: I H-7: Mr. Navarre reported Amanda Walker, an old time resident, lost her home by fire. Her hearing aid and glasses were lost in the fire. The Fire Department took up a collection and bought her a hearing aid. Councilman McGrady stated he heard of some problems at the sewer treatment plant and feels the crew is not taking care of the lift stations. Mr. Navarre stated the lift stations are not on a timing basis but a loading basis. They should be redesigned to activate on a time basis. Mayor's Report Mayor Steinbeck wished everyone a Merry Christmas. City Clerk's Report No report. Finance Director's Report Mr. Chen reported the revenues are 49% collected and the expenditures are 36% expended and encumbered. The City has cash flow problems and are making efforts to improve the situation. In January we will produce the actual, up to date, balance of the Capital Project budget. Mr. Chen reported Administration has negotiated with Wien Consolidated. They have agreed to pay $18 an hour for security and agree to pay retro- active. Mr. Navarre stated Wien is discontinuing flights after December 26th. Planning 8 Zoning's Report No report. Borough Assemblymen's Report Assemblyman Doyle reported on the Assembly Meeting of December 11, 1973. Ordinance 73-60 - Establishing the time of delinquency for taxes paid by mail, was passed. Ordinance 73-61 - Clarifying the due date for taxes when August 15 or November 15 falls on Saturday, Sunday or a legal holiday, was passed. MINUTES, KENAI CITY COUNCIL MEETING, DECEMBER 19, 1973 Page ten H - 7 - Borough Assemblymen's Report - continued An ordinance exempting from taxation as personal property the inventory of a business held for resale in the normal course of that business, passed, with a notice of reconsideration filed. An emergency ordinance was attempted and failed. A special meeting was called for December 18th and the reconsideration was defeated. An ordinance was introduced transferring solid waste powers to the Borough from Homer, Soldotna and Kenai, to be effective July 1, 1974. The controversial hospital service area was brought up again. Kachemak City is trying to get out of the service area. �1 The Soldotna High School schematic plans were approved. A Resolution transferring the present Anchor Point Library building to the Anchor Point Community Library Assoc. was passed. Assemblyman Johnson reported the Assembly gave the Mayor authority to approve liquor license renewals if all taxes are paid. Steiner moved and Johnson seconded to adjourn. There was no objection and was so ordered. Mr. Navarre reported Mr. Chen will be on vacation until January 2, 1974 and will bring his new bride to Kenai. MEETING ADJOURNED 12:00 MIDNIGHT. Respectfully submitted, Sharon Loosli, City Clerk /T - W i THINGS TO DO LIST - 12/19/73 F - 2: Follow up on status of Trailer Ordinance