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HomeMy WebLinkAbout1986-07-16 Council Minutes4. a AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 169 1986 - 7 t 00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) 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'theae items unless a Council member so requestat in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Representatives from Barabare Dr. - General Problems of Widening Streets 2, Bob Cowan, Old Town Comm. - Report 3. Representatives from Kensitze Ct. - Problems with Up -Grade C. PUBLIC HEARINGS 1, Ord. 1149-86 - Landecape Regulatione 2, Ord. 1152-86 - Increasing Rev/Appns - Federal Revenue Sharing - $374#093 3. Ord. 1153-66 - Amending Kenai Municipal Code - Insurance Requirementa, Contractors 4. Ord. 1154-86 - Amending Ord. 972-84 - Change Redemption Features - GO Bonds 5, Res. 86-66 - Awarding Contract - Airport Way Widening do Landscaping, Project Management - Wince, Corthell, Bryson - $499500 6. Res. 86-67 - Tranef. of Funds - Inspection Contract - Airport Way Widening & Landscaping - Wince, Corthellq Bryson - $12t500 7. Res. 86-66 - Awarding Contract - Flight Service Station Const. - Woodward Const. - $1,334p236 8. Ree. 86-70 - Transf. of Funds, Flight Service Station- Const.- $1129000 9. Res. 86-69 - Awarding Contract - Airport Way Widening 6 Landscaping 10. Roe. 86-71 - Supporting Landfill Permit Extension 11. Res. 86-72 - Allowing One Year Extension to Drilling Permits - Cannery Loop N1 A N39 Union Oil �= ' i t i � i - � �.� t - - � .^�'_^_"�^—'��+-dan, raver--- — ' N.:r-�--.+Cr�•s_� L F 0. MINUTES 1. *Regular Meeting, July 29 1966 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $19000 3. *Ord. 1155-66 - Amending Zoning Code 4. *Ord. 1156-86 - Amending Senior Citizen Budget - $327,289 5. *Ord, 1157-86 - Incress Rev/Appns - Capital Project 6. Funds - $844p000 *Ord. 1158-86 - Amending Zoning Map - Baron Pk. S/D 7. Assign. of Lease - Inlet Industries to Decor Indust - CIIAP Be Approval - Airport Terminal Lease - Federal Express 9. Vacation - Anchor Easement - Kenai Peninsula Estates 10. Approval - Change Order 94 - Airport Aprons Willow St. Extens. - $19398 11. Disc. - Contract Retainage 12. Disc. - Combining P&Z and Landscape Bd. Site Plan Ordinance 13. Assign. of Lease - Zehrung to B&Z Ventures - Alyeska S/D REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning 6 Zoning 7, Harbor Commission Be Recreation Commission 9, Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT KENAI CITY COUNCIL REGULAR MEETING, MINUTES DULY 16, 19869 7106 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents John Wise, Tom Wagoner, Sally Bailie, 3e99 Hsll, Ray Meselee, Chris Monfor Absents Tom Ackerly (excused) A-1 Agenda Approval. a. Mayor Wagoner asked that item B-4 - Residents of Ames Rd, Kenaitze Tribal Center - be added b. Mayor Wagoner asked that items C-59 C-69 C-9 - Airport Way Widening - be for discussion only. Agenda approved as amended. A-2 Consent Agenda MOTIONS Councilman Measles moved, seconded by Councilwomen Bailie, to approve the Consent Agenda as submitted. Councilman Wise asked that item G-3 - Ord. 1155-86 - be deleted from the Consent Agenda. Motion passed by unanimous consent. Public Works Director Kornelis noted item G-590rd. 1157-869 has an amendment distributed this date, and is on the Consent Agenda. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Representatives from Barabare Dr. - General Problems of Widening Streets a. Gordon Gifford, 1509 Barabara Dr., Kenai. He is representing a majority of the property owners an Barabara Dr. The road is 3/10 mile long, is a deed and road, is not an arterial or collector street. They submitted a petition April 39 19859 Victor "Ott spoke regarding why they did not want the road widened. Snow removal, sending and blade work are all that to needed. Also, maintenance should be scheduled rather than residents having to call the City. The road does not have flooding problems, it is usable all year with proper maintenance. It Is 20-1/2 ft. wide at the narrowest point. Two pick-upe would be 16 ft., there is clearance for them to pees. They do not need it wider. Putting a "Not Through Street" sign at the entrance has helped the traffic problem. There is e problem at the veil boxes, widening the street at that point would alleviate that. Widening the whole street would take 99000 to 12p000 eq* ft, of usable property* It is not Morally right to do this. He suggested the funds be used for river bank control or on streets where it is needed and wanted. He asked that Berrgbere Or* be deleted from the list. b. Waldo Coyle, 1412 8arsbers Or., Kenai. He owns 1/2 of the land abutting 8srebar■ Or. He urged Council -to go ahead with the improvements. He and the neighbors built the road many years ago, and maintained it for 10 years. He gave 1325 ft, eseement on one side, and )SO ft. on the other side. The City requested the road be a public road. Mr. Nicholas and Mr. Knsoketedt Sr. V KENAI CITY COUNCIL 3ULY 16, 1966 Page 2 as do a. t. granted easements. Hie property stops at the Hatt property, there is 60 ft* right of way with easements to there. Chester Cone, 1403 Barabara Dr., Kenai. Improvements are necessary. He and the Coyles will lose more right of way then anyone else. The road is not wide enough, there are no ditches. He moped there would be a compromise. The road could be narrowed or changed so it would not injure anyone. Loretta Breoden, 1602 Barebara Dr., Kenai. She would like a compromise also. The improvements could end where the road narrows. The road was built when the City was small and there was no Borough. She met with City Manager Brighton and Public Works Director Kornelie. Mr. Kornelie said there could not be a compromise because of City requirements. There is a well on the Hatt property that will leave them one ft, from the drainage ditch, 3 to 5 ft. from a well at the Gifford property. She suggested an assessment district for water do sewer and paved streets. There to no other place for a well on the Hatt and Gifford property. With an assessment district, everyone from the canneries to Coyle property would benefit. The turnaround could be brought in further north. She has a truck and has no problem driving down. She asked why this was going to be done when there are people begging for work to be done on their streets. Ruby Coyle, 1412 Berabare Dr.. Kenai. They paid $75 to the Highway Dept. for culvertp had the property surveyed so the road could be built. It took a month for Mr. Coyle and the neighbors to build the road, they had to repair a truck to do the work. They got permission from BLM and groveled to Knockstedt's garage. The Coyles maintained the road till it was given to the City. They had to give a dedicated easement. She objects to the City sweeping and washing other streets when here is not done. The road was made narrower by the City. There is no place to put snow on the east side. There has to be a turnaround at the and of the street. When Ernie Knacketedt had a fire, there were problems with the trucks. They need ditches, culverts and up -grade with gravel. She hoped Council would consider how much property is owned rather than just the people. No one told the Coyles when Mr. Hatt come to Council. Councilmen Wise asked if she would object if the road went to her property and made a turnaround. Mee. Coyle replied, that would not solve the problem, Mrs. Breeden could not subdivide without a turnaround. They have 250 ft, of property beyond that point they wish to develop. They gave 30 ft. easement an the road for maintenance, so they would construct end maintain a road. Mr. Nicholas and Mr. Knooketedt granted an easement for 30 ft. She does not want trucks turning around at her property. This is on the. priority list submitted to the State. Mavis Cone, 1401 Berabare Dr., Kenai. This is on the' capital improvements list and should be done. They. never saw the petition either. The City should handle this and every property owner should have a chance to decide. Mayor Wagoner noted the Governor's message this date said this budget would be out $210 Million, there may not be any funds available. Mr. Gifford explained, the petition was started lost year when the ' residents noted the land being surveyed. Coyles were /. gone, Cones were contacted, a local resident working on the Slope was contacted. Mayor Wagoner suggested the City contack all.property owners that border Berabare Dr. when the City has a hearing. Councilwoman n r� KENAI CITY COUNCIL 3ULY 169 1966 Page 3 1 Bailie said she did not think Council had the right to ; do coeds the people do not want improved. There are many roads in the City that need improvements. Councilman Wise suggested a compromise could be reached or the standards could 'oe changed. Councilwoman Nonfor suggested the road maintenance schedule could be _ improved even if we don't do any work. ' Public Works Director Kornelis noted the City does not ` maintain Angler, it has not been accepted by the City. Mayor Wagoner said Council policy is to bring all roads up to standard. Councilmen Measles noted we were maintaining some streets before they were up -graded. h. Ruby Coyle, Kenai. She suggeated at the time they gave -------=L,=:- the easement, the zoning ordinance required 60 ft. widey easementa, but feeders could be 50 ft. This may help. , City Manager Brighton reported the Governor's office has contacted him regarding the budget. They are taking $1 Billion off the budgets will cut 15% of all J.. n ,.: ' State departments. They will put a hold on all capital improvement funds appropriated in the last session. They will take another look in October and make adjustments. That will mean a reduction of $150,000 in municipal assistance and revenue sharing in the City. = The loss to the Borough will be more substantial, about $4-1/2 to $5 Million. - -- -�� B-2 Bob Cowen, Old Town Committee - Report Mr. Cowan was not present. o J'' B-3 Representatives from Keneitze Ct. - Problems with Up -Grade r. a. Kathy Heus, 4540 Keneitze Ct., Kenai. She distributed :• a letter regarding up -grade and improvements of Kenaitze Ct. Their main concern is the road is too high. It is higher than the property in the subdivision. The design of the road did not take into consideration the level of the property. They thought they had discussed this at public hearing - they had 2 concerns, drainage and depth of ditches. The ditches _ are 4 ft. deep in some places. They talked to Public Works Director Kornelis, the design engineer and the contractors. They have had various answers. They have - -- - .,- asked the City to re -do the driveways# but that is not the most desirable solution. They would like to have°,..;,_ y•.o.,, the road lowered. i. b. Cliff Heus, 4540 Keneitze Ct.t Kenai. This work was r 3; started when he was on vacation. They had stopped .°-._. construction to discuss with the engineers and Public`.V _ Works Director Kornelie. If they put in curbs and gutters, the lots on the east side will have 4 ft. ditches. This is not right. Councilman Measles said the message did not get through to the engineer, future road projects would not have the road higher then•ditohee. He suggested the contractor auks it right before he leaves. Council agreed to the suggestion. Councilman Measles added, the engineer should pay for its, Public Works Director Kornelie noted, work was not stopped. He has an agreement with all the property owners with the exception of Toni Ackerly. At the beginning of the project, he wrote a letter to them asking them to look at the - proposal and the slope. When he gat word from the property - he called the design engineer* They had truckloads v_';_ owners# jr-' 0 KCNAI CITY COUNCIL JULY 16, 1966 Page 4 of gravel brought in. The engineer gave reasons for this - for proper drainage in the culverts, you need up to 1 ft-, it was out to 9 in- Mr. Kornelis distributed copy of the letter sent to homeowners. He continued, it is 3 ft- from ditch to top with the culvert. He would like to go in 27 fto on driveways to grade. The City would top -soil and seed on both sides. The alternative is to make the ditch deeper and lower the road. Councilman Measles said in some of the properties, the house is lower than the coed, it will drain Into the house. Deep ditch on the property side is better then deep ditch on the road side. Mayor Wagoner noted the people were happy with their roads before this started. If the engineer had paid attention to instructions he would have called before he started. Councilman Wise suggested the people should have been notified if the design varied. MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, that Administration contact the engineer (OceenTech) and get a revised engineering design, to restore the road to its original elevation and meet drainage problem responsibility. Councilwoman Monfor asked Atty. Rogers to check if the City can get recourse from the attorney for the engineering. Motion passed unanimously by roll call vote. B-4 Representatives from Ames Rd. - Kenaitze Tribal Center a. Larry Waller, 350 Amee, Kenai. Ho had a petition from people on Ames Rd. and the nearby area, opposed to the Tribal Center on Ames Rd. It would be a disruption of the neighborhood, it is zoned residential, they are in violation of zoning & City laws. He asked how this decision was made. There is a lot of traffic. On Tribal Registration day, it was�very disruptive. It le a dusty street. There is some misinformation as to how It wee acquired. The Tribe claims sovereignty. He hoe received conflicting reports regarding the land trade. It belonged to Mrs. Linderman and was sold to the Kenaitze Tribe. He questioned their right to come into the subdivision and carry on their wishes at will. He asked Council to act on behalf of the landowners to find out if they are doing the right thing. Councilwoman Monfor explained, the Tribal Center is Native Allotment land and the government hoe no regulations. It was sold by BIA to the Kenaitze tribe. It is out of City jurisdiction. There wee 160 Sore Native allotment, 9 acres in the City. Mrs. Linderman Is Councilwoman Monfor's sister-in-law. She could not sell without permission of the BIA as it wee Native Allotment land. The new owner does not pre-empt the status. federal approval has been issued. Atty. Rogers noted Mr. Waller has s copy of the Code of Federal regulations* Mr. Wailer reviewed.the Code regarding pre-emption of the land status. He added, he is concerned for the neighborhood. Councilman Wise noted he requested a title search. to see if CFR- suemption,can go with the sale. If it was allotment land, the owner is exempt. Once the title passaso . exemption does not pass. The BIA hies -responsibility to provide how.they feel allotment status can pass frog one party to another. Atty. Rogers said he had distributed liti etion report, he will obtain a title _Y= report for Council. be Gino Del Frets, 360 Asset Kenai. He asked, what is Allotment Lands? Is this Native Settlement Act lands or are there other entitlements? Mayor Wagoner replied, Native Allotment is for those over 1/4 Native. > o • .. Li � . t. -- . - ,`'; _:, ••y.-`'�''rr�%fir a. z_.7. Ile KENAI CITY COUNCIL JULY 160 1986 Page 5 Councilwoman Monfor added, there had to be some tie to the ground they claim. This hoe nothing to do with sovereignty. Mr. Del Frets noted, they claim sovereignty. Councilwomen Monfor said this has nothing to do with Native Claims Settlement. Mr. Del Frets addedg Unocal hoe had no notification of the fact that a lot of their gravel has been taken out of the Unocal well pad behind the house. DEC knows nothing about this also. Councilwoman Monfor said, if that is the some gravel pad as Cook Inlet Native area, they could have got permission from them. Mr. Del Frets said if they cannot do anything about this property, Council can petition the Secy. of Interior to make the City ordinances applicable. Mayor Wagoner said he found it odd that City ordinances pertain to all but one group. He cannot imagine them being put in an adversarial role. We should not treat people differently. Councilmen Wise asked that the legalities of the CFR exemption be pursued. If it is a valid exemption, the Secy. of Interior should be contacted. Councilmen Measles asked how much land falls under this within the City. Councilwoman Monfor replied# 160 acres, Mrs. Linderman is the only one. Councilman Wise noted there was some in Old Town, MOTIONS Councilman Wise moved, seconded by Councilman Measles, to see what the status is and see if they can be divested of that status. Mayor Wagoner addedg this would be for all lands in the City that come under Native Allotment. City Manager Brighton asked if that would take an act of Congress or does the Secy. of Interior has the right to make the rules. Mayor Wagoner requested Atty. Rogers find out. Atty. Rogers replied he will have a report at the Aug. 6 meeting. MOTIONS Withdraws Councilman Wise, with consent of second, withdrew his motion. c. Ruby Coyle, Kenai. Serge Peters' land in Eagle Rock will come under this. C. PUBLIC HEARINGS C-1 Ord. 1149-06 - Landscaping Regulations MOTIONS Councilman Hall moved# seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll cell vote. C-2 Ord. 1152-66 - Increasing Rev/Appne - Federal Revenue Sharing' -. $374p093 MOTIONS Councilwoman Monfor moved# seconded by Councilman Meseiaso to adopt the ordinance. There was no public comment. Cy j KENAI CITY COUNCIL 3ULY 169 1986 Page 6 Councilwoman Bailie referred to the memo distributed this date regarding a memorial park. Beautification Committee is willing to work with the project. The $509000 figure is from Ron Keeprisin's idea, his cost was $5009000. The City could use the idea. There are 3 schematic designs. They could do some dirt work this fall and plant in the Spring. $209000 was appropriated for railroad ties in the Airport Way project, this will be 2-3 times as big. It will not be mounded, we would not relocate utilities, but they should be located. There will be some sidewalks and a gazebo. Federal Revenue sharing could be a possibility. She asked that Or. Hansen, Koralse Hansen and Pat Porter be in the project. Mayor Wagoner replied, he agreed with the principle. Planting trees and sidewalks would be the minimum. He would like a road concept oleo. The utilities could be screened. Councilwoman Bailie noted the FAA house is a problem. Councilwoman Monfor said they have money from the Airport Way project, she would rather it be put in this park. Councilwoman Bailie added, they will be coming to Council to have the railroad tie money re-established as it lapsed in last fiscal year. Rotary will do the work, it will need contouring. Finance Director Brown reported they have to appropriate S252t000 in addition to this money by November. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilman Measles, to amend the ordinance for $50,000 for design and construction of a memorial park. $424,093 will be the final figure. VOTE, Amendments Motion passed by unanimous consent. Councilmen Wise said repair and maintenance do not belong on this. The money could be used for Barabara Dr. or Kenaitze Ct. VICE MAYOR MEASLES ASSUMED THE CHAIR. MOTION, Amendments Mayor Wagoner moved, seconded by Councilwoman Monfort to amend the ordinance to set aside $165#000 of federal revenue sharing to cover proposed deletion of revenue sharing and municipal assistance at the State level. Mayor Wagoner explained, this could be set aside till we hear from the Governor. We will know in 2 weeks. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended (Passed): Yost Wagoners Bailie, Hall, Messiest Monfor Not. Wise - MAYOR WAGONER RESUMED THE CHAIR. Cw3 Ord. 1133-94 - Ascending KMC - insurance Requirementat Contractors MOTIONS Councilman Measles movedt seconded by Councilwoman Bailie# to adopt the ordinance. r~ KENAI CITY COUNCIL DULY 169 1966 Page 7 There was no public comment. Motion passed unanimously by roll call vote. C-4 Ord. 1154-66 - Amend. Ord. 972-84 - Change Redemption Features - GO Bonds MOTIONS Councilmen Hall movedq seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-5 Res. 86-66 - Award. Contract - Airport Way Widening & Landscepingp Project Management - Wincep Corthell# Bryson - $499500 Public Works Director Kornelis noted item C-99 substitute Res. 66-69 was distributed this date, with the bid results. The lowest bid was from Zubeck, it is higher than the engineer's estimate. We do not have sufficient funds to do the project. Item G-59 Ord. 1157-86 is the ordinance to do this. Wince, Corthell, Bryson explanation was distributed this date. Meyor Wagoner asked, whet does it do to the paving project? Mr. Kornelis replied, it makes it difficult. Airport Way will not all be paved. Councilmen Wise suggested it be taken out of Federal Revenue Sharing. Mr. Kornelis noted attached to item G-59 substitute, distributed this date, is an addition - we are anticipating 985 and 186 road grant moneys. We are short $200t000* Councilwoman Bailie askedq how much money did we put aside for Old Town? Answer - $150,000. None of it has been used. Councilwoman Bailie suggested it be shifted to this project. C-2 Ord. 1152-86 (Contd.): MOTION, Reconsideration (item C-2)s Councilman Measles moved, seconded by Councilwoman Bailie, for reconsideration of Ord. 1152-86. Motion passed by unanimous consent. MOTION, Amendments Councilmen Wise moved$ seconded by Councilwoman Bailiet to amend the ordinance to add $202#000 in capital improvement construction on Airport Way. VOTE# Amendments Motion passed by unanimous consent. There was no public comment. VOTE# Main Motion as Amendeds Nation passed unanimously by roll call vote. C-5 (Contd.)s MOTIONS. Councilwoman Nonfat shoved, seconded by Councilwoman Sailies to adopt the resolution. KENAI CITY COUNCIL DULY 169 1986 Page 8 There was no public comment. Motion passed by unanimous consent. C-6 Roe. 86-67 - Trenef. of Funds - Inspection Contract - Airport Way Widening 8 Landscaping - Wince,Corthell,Bryson- $120500 MOTION: Councilman Measles moved, seconded by Councilman Hall# to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Res. 86-66 - Award. Contract, Flight Service Station Const.- Woodard Const. - $193349236 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENT: a. Ernie Webby Meco Inc., 6511 Arctic Spur# Anch. He distributed a letter from Meco's attorneys. He reviewed the letter. The intent is to grant to the lowest responsible bidder. Woodard was non -responsive, hie sub -contractor could not supply access floor as required. b. Architect Gintoli, Kenai. The successful bidder has not submitted any floor system. We do not know if it Is correct. Mayor Wagoner noted if it was note it would have to come out of his pocket. Mr. Webb replied the floor contractor is G&J Flooring. He asked them to review thie, and if they would meet specs. They said no. Woodard was called and made aware the contractor did not meet specs. He was hoping for an aluminum floor after the bid. He did not bid floating floor Included so it ie moot to discuss what floor is submitted. If it is not a floating floors it does not meet space. Mayor Wagoner said we have no way of knowing if Woodard will supply this. Mr. Webb noted he listed GAJ an his source. Mayor Wagoner replied# he can change this. Mr. Webb noted the bid specs do not say "proposed sub -contractor." Public Works Director Kornelis explained# the bid proposal said proposed sub -contractor. They have not eppproved any sub -contractor. Councilmen Mesa as sold if this is appproved, Woodard, when contacted, should be made swore that. the proposed sub -contractor cannot supply the flooring. Arch. Gintoli explained, the only reason they.ask for a list of sub -.contractors is to see if they hove"had any trouble with the City. Thera Is nothing in the document that says they have to use this. Mr. Kornelis added we can make a point that this was discussed st public hearing. Councilman Measles said, it is the wording:'an the,bld document, hs is obligated to put in a special floor or book Auto Arch.. Gintoli sold he can submit a substitution. If he finds no one equal to this, Mr. Gintoli will approve. Councilman Measles said the bid document should say that. Arch. Gintoli said@ it does, in the specs regarding comparison products. We cannot have a sole source. Mr. Kornelis noted articles •9 8 #10 discuss substitutions. Councilman Measles sold he did not went F e �- 4 - . KENAI CITY COUNCIL 3ULY 16, 1986 Page 9 a change order coming in. Mr. Webb noted we are talking about 2 things. 1) His bid is based on the statement, "only those materials listed." 2) Floating Floors is the only supplier that can supply this. Mayor Wagoner explained, we do not know that it will be used. Councilmen Wise suggested a letter be sent to Woodard Conet. that the question has been raised. Council agreed to the suggestion. VOTES u Motion passed by unanimous consent. C-8 Res. 86-70 - Transf. of Funde. Flight Service Station Const. - $112,000 MOTION: Councilwomen Monfor moved, seconded by Councilmen Measles,--.: to adopt the resolution. - - There was no public comment. Motion passed by unanimous consent. C-9 Res. 86-69 - Awarding Contract - Airport Way Widening & Landscaping MOTION: Councilmen Measles moved, seconded by Councilwoman Monfor, . o _ to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 Res. 86-71 - Supporting Landfill Permit Extension MOTIONt Councilwoman Monfor moved, seconded by Councilwoman Bailie, :. to adopt the resolution. There wee no public comment, Motion passed by unanimous consent. C-11 Res. 86-72 - Allowing One Year Extension to Drilling =' Permits - Cannery Loop I1 6 03, Union Oil MOTIONs Councilman Measles Moved, seconded by Councilwoman Monfor, to adopt the resolution. There was.no public comment. 'Motion passed by unanimous consent. b} D. MINUTES p-1 Regular Meeting, 74-86 Approved by Consent Agenda. ` E. CORRESPONDENCE None _ mu AI CITY COUNCIL � • • , ULY 16. 1986 Page 10 z p F. OLD BUSINESS` None G, NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS ` Councilmen Measles moved, seconded by Councilwoman Bailie, # to approve the bills ae submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 = , MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to approve the requisitions ea submitted. - Councilwoman Bailie asked what were the maintenance for $29168 and �3,915, Answer - IBM copier, contracts Library typewriter and reader/printer. Notion passed by unanimous consent. G-3 Ord. 1155-66 - Amending Zoning Code n MOTIONS 9 Councilman Measles moved, seconded by Councilwomen Seilie, to introduce the ordinance. Councilmen Wise said PH had requested the ordinance be the that the request had postponed. It wee noted in minutes been withdrawn. Motion passed by unanimous consent. G-4 Ord. 1156-86 - Amending Senior Cit. Budget - :3279289 Ord. 1157-86 - Increae. Rev/Appne - Capital Project funds G-5 G-6 Ord. 1158-86 - Amending Zoning Map - Baron Pk S/D Approved by Consent Agenda. G-7 Assign. of Lease - Inlet Indust. to Decor Indust. - CIIAP Atty. Rogers distributed a letter from let federal Bank supporting the assignment from corporation to corporation. •: :: !i9 explained, the corporation to which they are assigning ; is represented as being in good standing. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to approve the assignment. Motion passed by unanimous consent. <` G-B Approval -Airport Terminal Lease - federal Express MOTIONS - Councilman Measles moved# seconded by Councilman Hall, to lipprove the lease with the stipulation as outlined by Airport Manager Ernst. „J I ay VIAL 3C KENAI CITY COUNCIL— A7-' DULY 16, 1986 Page 11 ..t PUBLIC COMMENTS So Dan Pitte, 403 N. Willow, Kenai. He is opposed to : leasing space in the terminal for air freight. He has a letter from the previous airport manager, 3im Q,�r Swalley, to the Mayor setting up a policy of air".` freight so a Separate operation from the terminal. Air,, freight companies tend to transport hazardous materials and they did not think it was wise to have in the --.� terminal. That was why he built the facility north of the terminal. He has not filled it yet. There Is space near the airport where these people can operate. _�c This may set a precedence for other freight agencies. It will make lose room for competing airlines that may went to come to Kenai. Competition in airlines will lower rates to A from Kenai. Mayor Wagoner noted Council had established policy that only commutes airlines would be using the terminal, not freight. VOTE (failed)s 3. + Motion failed unanimously by roll call vote. G-9 Vacation - Anchor Easement - Kenai Peninsula Estates U NOT ION: Councilman Wise moved, seconded by Councilwoman Monfor, that q a statement of non -objection be sent for the vacation request* Motion passed by unanimous consent. G-10 Approval - Change Order d4 - Airport Apron, Willow St. Extens. MOTIONS .. Councilman Measles moved, seconded by Councilman Hall, to -: approve the change order. Motion passed by unanimoue consent. a G-11 Disc. - Contract Retainage MOTIONS - -= -•l:— - =- --- Councilman Wise moved, seconded by Councilman Measles# that the policy remain as is on contract retainage. Councilman Wise said he saw no reason for writing options. We can waive retainage when we ass fit, based on ._ recommendation from Administration. Mayor Wagoner said he did not want contractors coming to Council discussing retainage. Councilman Wise noted they have always had that right. Architect Carmen Gintoli. In architectural contracts, the City may reduos retainage. it Public Works Director Koinslis and he agree, does it have to go to Council? Atty. Rogers replied yen, any time there is retainage. He added, he disagreed wth arbitration, there could be a capricious decision with negotiations. It would tend to favor some contractor*, It should be a recommendation of - .--... Administration and decision of Council. VOTE' (Falled)s _ 'c Yost visa .' Nos Wagoner, Bailie, Hall, Measles, Monfoc �' KENAI CITY COUNCIL DULY 16, 1966 Page 12 VICE MAYOR MEASLES ASSUMED THE CHAIR. MOTION$ Mayor Wagoner moved, seconded by Councilmen Hall, to direct Administration to set a new policy regarding reteinage. Option t5 for all work other then construction of facility. Option P1 for construction of facility. Public Works Director Kornelie explained, facilities are presently under i39 road projects are under #2. In the past we have paid interest and reteinage when the project le complete. Option 95, we keep 10% till the project is 50% complete. At 50% we would have 10% of the 50% till the project is 95S complete, then it goes to 2%. At 100% complete, we keep 2% for 90 days after completion. This is Anchorage policy. He added, Public Works recommends 02 for roads and 03 for buildings. City Manager Brighton noted the reason for reteinage is to protect the taxpayers for completion. Every contractor who bide knows the reteinage. He did not see why it should be changed, the contractor knows the amount when he bids. Mayor Wagoner sold if it costa the contractor more, he will charge more. Public Works Director Kornelis noted we have had the present policy for 9 years. Option f1 is the norm in the Lower 480 they do not pay interest. He addedg we do not include seeding and top soil under substantial completion. He noted, with situations such as the Police station and Mein St. Loop, if we did not have reteinage we would have a problem. Councilman Measles asked) why is it lower for buildings then roads? Mr. Kornelie explainedg on the buildings we are buying a lot of material from a lot of vendors, we have, possession. With roads, we have fewer subcontractors and materiels. This is better protection for the City. Councilmen Measles notedg the big problem with a large reteinage is when it is held over the winter. VOTE (Failed)$ vest Wagoner, Bailie No: Wise, Hali, Measles, Monfor MAYOR WAGONER RESUMED THE CHAIR. MOTION$ Councilwoman Monfor moved, seconded by Councilman Hell, for Option I2 for everything. Councilman Measles noted this wee brought before Council because of contractors$ concern regarding reteinage. The motions made so for make it harder for contractor$. MOTION, Withdrew$ Councilwoman Monfor, with consent of second, withdrew her• motion. Councilman Measles asked if reteinage policy was by ordinance. Answer - no. MOTION, Postpones Councilwoman Bailie moved, seconded by Councilwoman Monfor, to postpone action to Aug. 6 meeting and notify contractors. Councilwoman Mentor requested the dieouosion be placed near the beginning of the agenda. • __ ___mil___ z L' moo. moo. KENAI CITY COUNCIL 3ULY 169 1966 Page 13 Motion passed by unanimous consent. G-12 Disc. - Combining PAZ and Landscape Ode Site Plan Ordinance Councilmen Hall reviewed the ordinance. The site plan would go to the building officislo PAZ would just approve the type of business. PAZ did not want to handle landscaping. The Landscape Bd, thought this wee better. He recommended we take the site plan to the Landscape Bd. The Site Plan ord. would be combined with the Landscape ord. Councilwoman Beilie asked if this would include all commercial construction in the city or just on City land. Councilman Hall repliede everything in the Site Plan ord, would be in thisp any commercial or industrial construction. Theyall have to have their landscaping approved now. He suggested It be called a Site Plan ord, when combined. Councilwoman Gallia asked if they were deleting the kinds of building materials. Councilman Hail replied, this is not the final ord.p the wording will be changed to "exterior." The Board would not have the power to change its the building official will know when they get their permit. Also# the Landscape Rd, wants to change a quorum from 3 to 2, with S members. Council took no action. G-13 Assign. of Lease - Zehrung to B&Z Ventures - Alyeeke S/D MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to approve the assignment. Councilman Wies explainedg this is near the Kembe Theatre. Motion passed by unanimous consent. H. REPORTS H-1 City Manager City Manager Brighton spoke. a. 3uly 17 there will be a teleconference in Legialo info. office. He invited Council to attend and give recommendations. They will be discussing the State budget. b. He asked Council to review the memo from Admin. Aset. Howard regarding redetermination. of Enstar is closing their Kenai office and moving to Ridgeway. d. U.S. Fie; & Wildlife has asked to trade their property on Overland for the river flats. He requested a Work session to discuss thief the float plane basin and Thompson Pk. water & sewer. e. 'He received a matching grant from DEC for $562t100 for water A sewer for Thompson Pk. A freeze was put on funds on, 3uly 16. c.(contd) Mayor Wagoner sold he thought Enstar had agreed with Council that they would not close this facilityw Mr. Brighton noted Enster was purchased by Sea Gull- -Att.y. Rogers said there was representation and a oon4act arrangement that they would staff in KenQI* Enforcement of the clause in view of the duration of the franchise would be futile. Their representations have not boon honored. He and Mr. Brighton have contacted individuals regarding thie, he did not advise pursuing acquisition of the faoility. It is their prerogative to close at the and of the franchise. KENAI CITY COUNCIL JULY 169 1966 Page 14 Mayor Wagoner asked for the back-up regarding the . recommendation and a letter to Sea Gull regarding representations made. H-2 Attorney Atty. Rogers spoke. a. Regarding Info fig Redeterminations. He distributed copies of a letter to attorney representing Beluga Development. b. He will be absent for the Aug. 6 meeting. as He noted item H-29 K. Cole lawsuit- He will be in Anchorage July 17 for that. d. He has a number of briefs being filed regarding HEA relocate. He asked that any inquiries be directed to his office. e. He is litigating on the Ferguson lease. Both parties have appeals. This is renegotiation of lease rates. He noted the back-up was on file in his office. H-3 Mayor , Mayor Wagoner spoke. a. He asked that Kevin Fenner, Borough Planner, be placed on the agenda for Aug. 6 meeting. He will be proposing alternatives to the Borough revised Comprehensive Plan to make it more acceptable to Kenai. b. He has had requests for an ordinance regarding vehicles left on City streets more than 24 hours. c. He requested an ordinance regarding impounding private property. There is a lot of trash around town. Also, the tow companies are hesitant to pick up without an ordinance. d. The storage yard for vehicle storage wee to be screenedo it has not been done. City Manager Brighton noted if that is enforced# all City lots will have to be screened- Mayor Wagoner said they should all be screened. H-4 City Clerk Clerk Whelan spoke. " a. Nominating petitions are available at City Hall. Filing period is Aug. 1 through Aug. 15. Mayor and 2 Council seats are open. b. The new State election regulations are listed on item H»4. She noted the State Is required to file with U.S. Atty. General Offices for pre -clearance on these Items, c. Councilwoman Monfor noted July Z minutes, page 1, the vote on the election had the numbers reversed. H.S- finance Director Finance Dirogtor.Brown referred to item G-g, Ord. 1737-86. The ordinanati-=was an the .Consent Agenda and was approved as sub�ittsd. Tile .substitute. distributed this ditto was" not ++ . diacyRre�d. 'This is agresobls with AJmInistration# he wanted -to confirm thlo with-Cobncil. Council agreed with the action. H-6 Planning 6 Zoning Nona j KENAI CITY COUNCIL. 3ULY 16 * 1986 Page 15 H-7 Harbor Commission •-max. None G H-8 Recreation Commission z 4 Recreation Director McGillivray spoke. I.+.: a. The Arco Jesse Owens games were held in Anchorage. 2 boys will go to Los Angeles. He has been asked to accompany them. Council agreed to authorize the trip. b. He was glad to see the rain. c. They will be having a 32 team softball tournament this ° week endp the largest in Alaska. d. He has a verbal agreement with M. Treat (land trade for ball fields). They are also working on the Little League field. H-9 Library Commission Librarian DeForest reported the summer reading program is overp 150 children, over 2000 books read. There will be a party 7-18-86. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Councilman Wise. He asked for a report from :.... `. - Administration on the proposed fire and police volunteer program. Mayor Wagoner said he thought it was fire dept. only. He would not be in favor of A volunteer police. He suggested it be discussed at the a .,• next work session. b. Councilwoman Monf©r. She asked that the holes on Rogers Rd. be fixed. Public Works Director Kornelis - replied they will be put out on contract. Also, there a ; are more on lot do Birch. c. Councilwoman Monfor. She asked about the widening of Main St. do Spur. Public Works Director Kornelie said ".. he would report at the Aug. 6 meeting. ..". ..... d. Councilwoman Monfor. She commended the Fire Dept* and ;.. the Police Dept. A little girl was hit (in a traffic;:':: accident) recently and they responded very test. e. Councilwoman Bailie, The Council on Aging Is applying for a Fred Meyer grant for an 8 hour day at the Forget -Me -Not Center. There are 8-10 people daily with a waiting list. f. Councilwoman Bailie. Has FAA been contacted regarding;y using the plant test site for a camper park? City Manager Brighton Brighton replied# the Cooperative Exit. Service may want to continue use for at least 2 years. Councilwoman Monfor asked if we had a time limit. Mayor Wagoner replied, it was for 10 years. He spoke_"°, to the director and explained the City was unhappy with their actions. He suggested waitingone month if nothing is done# tell them they are not welcome. Councilwoman Bailie noted Mr. Garnett.sold he could - accommodate 33 campers there. g. Bob Cowan, Old Town Committee. They had a meeting 7.8-86 with P&Z and Landscape Md. Amendments to the .._ - --• Old Town Ord. were accepted. They.alao.concurred with putting the Site Plan .o.td..with .the :.Landscape, Od.. Ns _ noted Mr. Gintoli had an cmondMent revoiding the presence of modern architecture, The aoamfttas is not- - ,'; * opposed to modern architecture p but they want. to keep in a traditional,function. They would like to have a clause in the ordinance. Mayor Wagoner sold Mr. Gintoll had said he would put something in writing. -,y Mr. Cowan noted they would like some of the S1.1 +i Million in State funds. He also would like a traffic r•; light or a stop sign to draw traffic in and safety- KENAI CITY COUNCIL JULY 16t 1986 Page 16 factors. A road plan Is being worked on. There is a problem with the Russian Church areap they do not want It paved. The committee feels paving is important. HEA is coming in with a new 2 year plan. The committee ie'coordinating with these plane. They are preparing a list of Old Town priorities. He added# the observation area by Jshrig'e house will be gone soon, he suggested a new view site be selected. h. Council agreed to have a work session July 22 at 7500 PM. ADJOURNMENTS Meeting adjour j.V- 71J Janet Whelan City Clerk n ed at 11s40 PM. DATE PCITY CWX