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HomeMy WebLinkAbout1986-11-05 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 5, 1986 - 7:00 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 these items unless a Council member sc requests, in which case the item will be removed from the Consent Agenda and considered ir. its normal sequence on the agenda as part of the General orders. ' B. PERSONS PRESENT SCHEDULED TO BE HEARD (5 min.) 1. Representative, Aspen Explorations - Offshore Prospecting Permits, Cook Inlet 2. Representative - Peat, Marwick, Mitchell - Financial Statement 3. Ron Rainey - Angler Dr. Paving 4. Representative, Barbara Dr. - Up -Grade of Road C. PUBLIC HEARINGS 1. Resolution 86-102 - Accepting Deed of Release from FAA - Baron Pk. S/D 2. Resolution 86-103 - Accepting Deed of Release from FAA - Gusty S/D 3. Resolution 86-104 - Awarding Bid - Rebuilt Transmission for Michigan 125-B 4. Resolution 86-105 - Awarding Bid, Utility Loader - NC Machinery - $80,000 5. Resolution 86-106 - Transfer of Funds - Boating Facility - $2,000 6. Application for Liquor License - Pizza Hut D. MINUTES 1. *Regular Meeting, Oct. 15, 1986 • .V . W •f : : •7 fi .T �1 E. CORRESPONDENCE 1. *Municipality of Anchorage - Feasibility study - Railbelt Generation and Transmission Organization 2. Municipality of Juneau, Mayor - Open Meeting Act 3. *Richard Woodin - Float Plane Basin 4. Commission on Bicentennial of U.S. Constitution - commemoration 5. National League of Cities - State & Local Legal Center 6. DC&RA - Preliminary Population Determination 7. DC&RA - Regulations Changes S. City of Soldotna - Formation of Regional Organization F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 1169-86 - Amending Kenai Municipal Code, Acting City Attorney 4. *Ordinance 1171-66 - Amending Kenai Municipal Code - Off -Road Operations of Motor Vehicles 5. *Ordinance 1172-86 - Establish Two New Employee 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. =:x Classifications *Ordinance 1173-86 - Amending Kenai Municipal Code Change Pay Range of Librarian and Senior Citizen Coordinator *Ordinance 1174-86 - Amending Kenai Municipal t Code - Conforming with State Statutes Regarding >= Foreclosure of Assessment Liens *Ordinance 1175-86 - Increasing Rev/Appns ` Juliussen, Basin View, Ames, Angler, Dolchok, Barabara - $740,013.77` *Ordinance 1176-86 - Increasing Rev/Appns Federal Revenue Sharing Funds, Streets - $11,500 Discussion - Kenai Recycling Center and Transfer _ '..: Station - Sky Carver . Discussion - Kenai Aviation - Jet Fueling Facilities Insurance -' Assigment - Peninsula Savings & Loan to lot b �} Federal - CIiAP Assignment - L. Edelman & R.L. Schmidt to a Fisherman's Packing v Discussion - P. Stif f ler - Airport Parking. -=-::-=- Discussion - Application for permit - C. Garcia Anchors for Buoys in Kenai River j �Y -77 16. Discussion - Ryan Rir Request for Old AAI Office and Ticket Counter at Airport Terminal 17. Discussion - Cemetery 18. Discussion - Aries Consultants - Air Passenger Services Study for Airport 1 19. Discussion - Awarding Contract - Copmission/Committee Secretary Y. H. REPORTS 1. City Manager2. ., ... City 3. May 4. City Clerk City 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission - ----- 9. Library Commission ` I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) a ADJOURNMENT :e . _. __ _ ._• _ __ - . - c ....; a.. Ai. • .. _ .:.---•e,-... — . - - -'_ f`_'�`i�o;< ..r,...-,•.ear*"-"--�—"'----•--- 9'I r , ,tip. Sy 6 -tom; �t: `` KENAI CITY COUNCIL, REGULAR MEETING, MINUTES NOVEMBER S, 1886, 7:00 PM KENAI CITY HALL MAYOR JOHN WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Sally Bailie, Art McComsey, Ray Measles, Chris Monfor, John Wise, John Williams, Tom Ackerly Absent: None TIME LIMIT: MOTION: Councilwoman Monfor moved, seconded by Councilman:_ Ackerly, that if the meeting is not done by midnight, - Council would adjourn. Motion passed by unanimous consent. A-1 Agenda Approval a. b. ce d. e* f. g• h. i. MOTIONS Mayor Williams asked that Mike Lockwood, Central Peninsula Hospital, be added before item B-1 to �. L discuss Congregate Housing. =� Mayor Williams noted there will be more than one S speaker under item B-4 (Barabara Drivel Mayor Williams noted speakers under item B will be allowed 10 minutes to speak. Mayor Williams asked that item B-S be added, Tommy Thompson, Eagles Club - Water at Eagles Club. Mayor Williams noted a substitute Res. 86-104 (item c-3) was distributed this date. Mayor Williams asked that item C-6, Pizza Hut _ a Liquor License be added to the Consent Agenda. Mayor Williams asked that G-6, Ord. 1173-86, be deleted from the Consent Agenda. Mayor Williams asked that item a-12 - Assignment, Peninsula Savings - be deleted from the Agenda.• . - Councilwoman Bailie asked that item G-8, Ord. 1175-86, be deleted from the Consent Agenda.77 Councilman Wise moved, seconded by Councilwoman Bailie, to approve the agenda as amended. Motion passed by unanimous consent WA1 CITY COUNCIL NOVENER S, 1966 Page 2 A-2 Consent Agenda. MOTION= Councilman wise moved, seconded by Councilwoman Bailie, to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Mike Lockwood, Central Peninsula Hospital, Congregate'" Housing Mr. Lockwood distributed a Long Range Plan for the hospital. He explained the need for congregate housing. A pioneer home is the M2 need in the community. Sen. Paul Fischer is looking for a pilot project. There is $130,000 in the budget for planning. �... A He was interested in the Lutheran Hospitals & Homes Society developing this. There are 3 parts to the proposal. 1) Architect 8intoli would be the architect. $8,000 is for this. 2) Mr. Ellerbee is the consultant, he would do the schematics and building program. $23,400 is for this, $8,000 is reimbursable. 3) The Lutheran Hospitals & Homes Society would develop the feasibility study; look at competition in the area, the :o neighborhood, and needs of the elderly; analyze the design, financing documents, operating costs and n funding. This is not designed to be operated by the City, the City would be a pass-th0ough. The advantages are: this is not a nursing home,, it would be housing it would be part of the community. It would be over by the Senior Center and be part of that program. The total amount is $76,300, the funds should be available `.� L• next week (Nov. 10, 1986). it is a feasibility study, it does not require Council action. The funds are Manager Brighton a lained, already allocated. City g 9 �? one of the problems is the $130,000 grant from the:;; State. Sen. Fischer salts it is still available. He ° expected a telegram this date. Sen. Fischer's intent is to find alternatives to pioneer homes because of the excess cost and operation. Kenai has wanted a pioneer- - home. This could be turned over to private enterprieb at a future date.- B-la Representative, Aspen Explorations - Offshore Prospecting Permits, Cook inlet A.V. Bailey, President - Aspen Explorations, Denver. They applied for off -shore permits for exploration 6-1/2 years &;a. They are trying to go forward now for sea floor gold deposits between Anchor Point and711. p " u' " - -- -... _ _ � x -.:.fit. ��.- _ ' '. i1 _ . _ ... - -•;;� KFt;AI CITY COUNCIL November 5, 1986 J Page 3 Ninilchik. gold existing on the shore is concentrated off -shore. He is asking for Council support. The best deposits are from concentrated action. 1/4 mile off -shore to 3 miles off -shore in long ribbons of sand and gravel following the coast. They appear to be mineable with equipment used at Nome last summer - a dredge from Indonesia used for tin mining. They hired 50-60 people and have spent $500,000 to $750,000 per ; month for labor and services. This would be similar, a chain of buckets on a floating dredge. The gravel is washed, discharged back to sea. Some people have feared mining operations that would follow exploration. They still would have to have permits to mine. They *, are under EPA, P&G, DEC, and Corps. of Engineers. Nome had 22 permits. There are plenty of regulations to see nothing would happen to sea life. Nome had a management committee of 7 local people. monitored - the industry. There were no disputes. He would like to do the same thing in Kenai. He would like representatives from commercial fishermen, sports fishermen, residents of Anchor Point & Ninilchik, representatives from city councils. He suggested they go to Nome at Aspen expense to see the operations if they go through all the steps and find they have mineable deposits. They estimate 50,000 oz. of gold per year, hope to have 100,000 oz. They would expect to spend $20 Million per year for labor, goods & services; .airs 100-200 people. They would hire 80% -' local hire if available. They have had 2 biological consulting groups review this. Not one has identified a risk to fisheries. They would like to proceed with this approach to provide assurances that mining would not be damaging to fisheries. Councilman Ackerly asked ....,:.,.. �,,..:.:.:' .•.off. if they do bottom fishing in Nome. Mr. Bailey replied, a. they have crab & cod, not halibut. Councilman Ackerly asked, how do they keep them out of the dredge? Mr. Bailey replied, the dredge moves very slowly. Any organism that can move will move. They intend toAny determine how fast re -population takes place. organism that survives in Cook Inlet must be tough. Councilwoman Bailie asked if there was any comment from the Borough. Mr. Bailey replied, their last meeting went past midnight and they could not take any action. Mayor Williams noted there were representatives from both sides, it will be before the Assembly again, as a request for permit. _ PUBLIC COMMENT: Dennis Carlson. He had been building boats in Kenai. bt-t the work dried out. He asked how long this would take? He was aggravated when the biologist said there would be a cloud that locked in the oxygen. He asked for clarification. Mr. Bailey replied, regarding the �`.. a N. O ca KENAI CITY COUNCIL " November 5, 1986 i Page 4 t t; timing. If they have the permits by Spring, they could start the plans. By Fall they would define and start would be about 2 ears to start „• drilling. The program Y t••M� to gather information. They would employ 20-40 people in exploration. In 3 years they would get going and hire 100-200 people. it would operate 30-50 years. Regarding toxic metals, those kinds of deposits are off -shore. The sea level was 600 ft. lower than it is now. The amount of water from glaciers has changed it. " These could be ancient beaches. It would be just the same toxicity as on shore. There is no reason for concern regarding toxic metals. They will check for 1= all metals during exploration. MOTION s :. :.�_-.��4-•y��r. Councilman Wise moved, seconded by Councilwoman Bailie, - that a resolution be drafted in support of the concept --- -- -- of a steering committee and exploration. Motion passed by unanimous consent. - B-2 Representative, Peat, Marwick, Mitchell - Financial a• Statement _ Kathy Porterfield, Auditor. They audited all funds as r of June 30. They determined the audit procedures. Their opinion is in the audit statement. They followed standard procedures. It can be compared to previous years and to the budget. An audit does not conclude on quality. They have had very few audit adjustments in -r the last 3-4 years. That means the monthly reports are accurate. The City has received an Excellence of Achievement and will probably receive it again this year. The system of internal controls is in place. They tested transactions regarding State and Federal 3t-. funds and found no instances not in accordance. They had 2 schedules on grant activities, they are acceptable. The conclusion is they found no deviation from State and Federal requirements. This is very commendable and highly unusual. B-3 Ron Rainey - Angler Dr. Paving " Mr. Rainey noted there are 4 persons residing on Angler - =� Dr. There are 12 homes, 31 lots. The area is a high tax base for the City. He requested Angler Dr. bes brought up to standards of the other streets in the City. In summer there is a lot of traffic to the - 4- river. Mayor Williams noted this is in an ordinance up for consideration this date. (Ord. 1175-66) :.•r; � Y 9-4 Representative, Barabara Dr. - up -grade of Road = f. 711 -wnw..Y•rt�� �Iy P • '..• � .. •: .;' .. --. tee. .- - n, ;fit,,: _ o - —. ,. � .. •• .. KENAI CITY COUNCIL November 5, 1986 Page 5 a. Gordon Gifford, 1509 Barabara Dr., Kenai. He is against up -grading Barabara Dr. He has talked to all 5 property owners. They feel the same as they did last time lit was discussed). When will they be able to discuss what is proposed? Mayor Williams replied, this evening. Mr. Gifford noted at the last meeting, Council ." = directed all property owners be notified when this is discussed. Mayor Williams explained, they are receiving public comment at this time because the ; rosidents requested. The ordinance introduced�. tonight will set the date for public hearing. Mr. Gifford asked if the letter from Hetts received • this date will be read. Mayor Williams replied no, but all Councilmembers have a copy. Public - Works Director Kornelis reviewed 4 options. The -_ 5th option would be any further suggestions. M1 ° is the preliminary drawing by OceanTech. There is -- -� 60 ft. right-of-way to Coyle's. It would require additional right-of-way through Hett's and Gifford's. It would be a 24 ft. road, then tapered to 20 ft. The other 2 options would bring a 24 ft. road to Coyle's with a cul-de-sac, then taper to 20 ft. The improvements would not go to n Hett's and Gifford's. On the other one, it would =" be 24 ft. to Coyle's, off -set to 20 ft. and 30 ft. right-of-way, off -set a cul-de-sac at Coyle's, 20 ft. to Breeden's. The 4th option is no improvements. He suggested putting up signs that - - say "dead end", "no river access" and "minimal ' clearing." There would be adding for back slopes-;ii- .......,.. ;: and a paved approach. When they get to the stage where the engineers have concrete drawings, the City sends a certified letter to all land owners. The cost would be $98,000 with cut backs, $60*000 for option 0. b. Loretta Breeden, Barabara Dr., Kenai. She asked that Hett's letter be read in her 10 minute time. 4r. Council agreed to have the Hett's letter read. Clerk Whelan read the letter. Mrs. Breeden said she is tired of the problems and wants it ended tonight. She would like it off the Capital Improvements list. if the City is going to do anything, up -grade and ask for an improvement district to have it paved. The road is good. ;ramIM With people in the City wanting road improvements, she would like to have Council tell her why they want it done. Mayor Williams stated the question was out of order. Mrs. Breeden noted they have -----'P'- submitted 2 petitions & several letters and have== come to Council many times. Council directed t'- - ��' :. .z1 Administration to notify them. It was talked • about at a work session and they were not :. notified. why do they want Barabara up -graded?_.- . i T K: nl T��•r•—T^' -�. - .�� ... _ _ uwrw.r.�..Te1Y'•aYYRY='-_.�.t.Y.�� _ _ _ .. % A=_ KENAI CITY COUNCIL November 5, 1986 Page 6 One resident does not care, 2 want it and the other 6 do not want it. Mayor Williams explained the reason it is before Council is that he 1 requested it be brought to the work session. They are not just discussing Barabara, but other streets. He took responsibility for bringing it up at the work session. He was trying to clear up items that have been to Council for many months. Mrs. Breeden asked if Council would consider taking Barabara Dr. off tonight. Mayor Williams, replied no, it will be set for public hearing and then they will make a determination. Councilwoman° Bailie noted if Council desires they can remove it .' and it would come back for public hearing without Barabara Dr. a c. Chester Cone, Barabara Dr., Kenai. There has been o= controversy for a long time. It has gone on for - too long. In all the meetings this has been - -= -- --- —=-- discussed, this is the 2nd time he has been here. They want the road up -graded. The Coyles and Cones own 3/4 of the land on the road. They would give up more than anyone. They do not have a decent road. it is narrow, there are no ditches. it should be improved. All opposed to it are at the and of the road. if they don't want road improvements, the cul-de-sac could be put at the end. it is ridiculous to pit one neighbor against another. d. Mavis Cone, 1043 Barabara, Kenai. She is for up -grading. Funds have been appropriated for " roads with Barabara designated. it should not be deleted. Regarding the well and septic tank, this shows poor planning. The street follows the right:; of way of 60 ft. This is left over from the old days when roads were not platted correctly. They have had 3 lots in the City that were cut down with improvements. This is not any different. e. John Cook, Ames Dr., Kenai. In the road up -grade package, is there a trade-off of one road to another? Mayor Williams explained, it is broken down by costs. There are 5 roads. Public Works Director Kornelis reviewed: $ 38,000 - Juliussen 3,000 - Dolchok Approach 203,000 - Ames 26,000 - Basin View 26,000 - Angler- 80,000 - Barabara - Mr. Cook asked if the funds are available. Answer -yes. Mr. Kornelis explained, the State grant is for funds not specified* it was cut to $385,000. There are prior grants of $116,000, �7 $33,000 and $204,000. None of the funds have been designated. Mayor williams added there is not KENAI CITY COUNCIL November 5, 1986 Page 7 / trade-off. if Barabara is not done, it will go to e11 ° another road. ' B-5 Tommy Thompson - Water at Eagles Club t,.. :.F• . Mr. Thompson explained he is chairman of the Eagles Bd. of Trustees. They were told their well is " too close to the neighbor's septic tank. Their well was there first. It is 200 ft. from the well to the septic tank. The Eagles moved their septic tank to comply. The neighbors have offered to move their septic tank but do not have enough land. The Eagles are trying to open a small kitchen and have to have approval on this well. The Eagles' water tests fine. s _ He asked if they could have a water service line from Peninsula Memorial Chapel. There will be a fur. cleaning operation there and there may be more chance of contamination. They could put in the service line. He asked if they could be reimbursed when the main line goes through. Councilman Ackerly asked if there was a 12 in. water main to mid -point of the lot, what would the costs be? Mr. Kornelis replied, it would be 150 ft., about $15,000 to $20,000 if the City did it. -' Councilman Ackerly asked if it could be done by a 'r private individual. Mr. Kornelis replied yea, it would be cheaper. Councilman Wise said an engineer has to certify, it could not be done this year. He suggested =` it be engineered, then get DEC approval and see who ' 6 will do the work. Councilman Ackerly suggested finding out if an Eagle member could do the work. City Manager Brighton suggested if DEC knows there is accommodation in .line, they can give a temporary permit. Mayor Williams asked Administration to write a letter to DEC stating the engineering is in progress, the main will be in by Spring, and ask for approval. Mayor Williams asked what the engineering costs would be. Mr. Kornelis replied, approximately $2,000. Mayor Williams � suggested doing it in-house. Council agreed to the suggestions. t C. PUBLIC HEARINGS C-1 Res. 86-102 - Accepting Deed of Release from FAA - Baron Pk. S/D MOTION:- ,_ ..� Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. Where was no public comment. Motion passed by unanimous consent. • 'u L t• • 6 V (4 KENAI CITY COUNCIL November 5, 1986 ,- Page 8 j C-2 Res, 86-103 - Accepting Deed of Release from PAA - Gusty S/D } MOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. - ,- Motion passed by unanimous consent. .....' 7. C-3 Res. 86-104 - Awarding Sid - Rebuilt Transmission for: „ Michigan 125-8 MOTION: - Councilman Measles moved, seconded by Councilman - - - --' Ackerly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-4 Res. 86-105 - Awarding Bid - Utility Loader - NC Machinery - $80,000 MOTIONS Councilman Ackerly moved, seconded by Councilwoman n �. Monfor, to adopt the resolution. There was no public comment. Councilman Wise said he did not like that much U equipment in the motor pool. Councilman Ackerly asked, - with times the way they are, have we considered rental to purchase instead of new? Councilman McComsey asked _. how many extras are we getting? Mayor Williams noted he spoke to the shop foreman. The front end loader is with the bucket, the forks and the angle dozer. The 2 vans are separate. Councilman McComsey asked if the extras are in the $90,000. Public Works Director _ Kornelis replied, in the basic bid NC offered the YY: loader and bucket for $80,000. The angle dozer and forks are later. Councilman Ackerly asked if we 4 considered buying leased equipment. Mr. Kornelis replied, they have bought it in the past and had problems. He added, this is a new type, there would ----- - ;.-- not be old equipment available. Mayor Williams noted the old loader is in very bad shape. Also, the $80#000 is Federal Revenue Sharing. Councilman McComsey asked if we had to have the extras. Mr. Kornelis replied, �• ci 1. J .. .■RYA _ - KENAI CITY COUNCIL November 5, 1986 Page 9 tl 1 the radio will not be at the airporL. &his is for off -airport communications. VOTE (Passed): } Yes: Bailie, McComsey, Measles, Monfor, Williams, Ackerly No: Wise C-1 (Addition)s Councilwoman Bailie asked if the land described it. the area that would be for lease of a camper park. Answer - no. C-5 Res. 86-106 - Transf. of Funds - Boating Facility $2,000 MOTION: - - - Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. Ail There was no public comment. em Motion passed by unanimous consent. D. MINUTES D-1 Regular Meeting, Oct. 15, 1986 Approved by Consent Agenda. E. CORRESPONDENCE 5 E-1 Muni. of Anchorage - Feasibility Study Railbelt Generation & Transmission Organization Approved by Consent Agenda. E-2 Muni. of Juneau Mayor - Open Meeting Act�.:;a Councilman Ackerly suggested review by Council and - --` consideration of a position. Councilman wise said he', fY. did not agree with the justification. Atty. Rogers - - �- .- '•=: suggested Council may wish to discuss this at Municipal League meeting. Peninsula Clarion vs City of Kenai delineated the rules. There is a need for clarification. Mayor Williams said he felt if there have to be brought was a meeting of 2 people it did not to public response. There should be some way to bring this to the Legislature. He suggested there should be minor changes to the Open Meeting Act. Council agreed ` to discuss this at Municipal League. y :: /. • :4 �:: . •- - • . c' •r 1, `, e• .ri •.fir u -r tr. _ KENAI CITY COUNCIL � ... November 5, 1986 Page 10 "Y= E-3 Richard Woodin - Float Plane Basin Approved by Consent Agenda. E-4 Comm. on Bicentennial of U.S. Constitution - T - Commemoration Councilman Ackerly said he would like the City to participate. He suggested a Sunset commission to commemorate this. Mayor Williams suggested this be added to the Nov. 26 work session on Comm/Comm. L7 E-5 Natl. League of Cities - State & Local Legal Center City Manager Brighton explained they requested a $100 donation. This is for support of legal defenses ( against cities. The Natl. League of Cities goes to court to represent municipalities. Atty. Rogers noted he has received gratis from them much more assistance than $100. They have saved him many hours of research. MOTION s _ .• :::4: Councilman Ackerly moved, seconded by Councilman Measles, to send $100 to National League of Cities (for the Legal Center). Motion passed by unanimous consent. E-6 DC&RA - Preliminary Population Determination E-7 DC&RA - Regulations Changes Council took no action. E-8 City of Soldotna - Formation of Regional Organization _ Mayor Williams noted there is a meeting Nov. 8 at the Borough, he urged Council to attend. He will appoint a 'm representative at the Nov. 19 meeting. F. OLD BUSINESS _- None - - a. NEW BUSINESS - a-1 Hills to be Paid, Sills to be Ratified -`•. MOTION: - — - Councilman Measles moved, seconded by Councilwoman Monfor, to approve the bills as submitted. Motion passed by unanimous consent. wl( Wr KENAI CITY COUNCIL Novamber 5, 1986 Page 11 6-2 Requisitions Exceeding $1,000 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to approve the requisitions. Motion passed by unanimous consent. G-3 Ord. 1169-66 - Amend. KMC - Acting City Attorney Finance Director Brown reviewed his memo in the packet. The substitute ordinance does not address the 5 day period as the original does. We could have the acting attorney getting paid for work done 1/2 to 1 hour at a time. Atty. Rogers concurred and added it would be a bookkeeping problem. MOTION: Councilman Wise moved, seconded by Councilman Ackerly, to introduce substitute Ord. 1169-86 with paragraph d deleted and language from paragraph a of the original ordinance added and re -numbered to d. Councilman Wise explained, the intent was to get discussion. it was his understanding Council did not want the legal assistant to be attending meetings on an unpaid status. MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Bailie, to amend the motion by substituting substitute ord. 1169-86 with original ord. 1169-86. VOTE, Amendment (Passed): Yes: Bailie, McComsey, Measles, Monfort Wise, Ackerly No: Williams VOTE, Main Motion as Amended (Passed): Yes: Bailie, McComsey, Measles, Monfort Wise, Ackerly No: Williams G-4 Ord. 1171-86 - Amend. KMC - Off -Road Operations of Motor vehicles G-5 Ord. 1172-86 - Establish Two New Employee Classifications Approved by Consent Agenda. 0-6 Ord. 1173-86 - Amend. KMC - Change Pay Range of rr. nun KGNAI CITY COUNCIL November 5. 1906 Page 12 Librarian & Senior Citizen Coordinator MOTION: ' Councilwoman Bailie moved, seconded by Councilwoman F Monfort to introduce the ordinance. MOTION, Amendment: A Councilwoman Bailie moved, seconded by Councilman wise, to amend the ordinance to read "Program Director" . instead of "Senior Citizen Coordinator." Councilwoman Bailie explained, every other community refers to the Program Director. �'� . >.` „7411 VOTE, Amendment: - - - - ---' — Motion passed by unanimous consent.. VOTE, Main Motion as Amended (Passed)e- Yes: Bailie, McComsey, Monfort Wise, Williams, Ackerly No% Measles G-7 Ord. 1174-86 - Amend. KMC - Conforming with State Statutes Regarding Foreclosure of Assessment Liens--.-` --. Approved by Consent Agenda. G-8 Ord. 1175-86 - Increas. Rev%Appns - Juliussen, Basin : v View, Ames, Angler, Dolchok, Barabara - $740,013.77 MOTIONS • Councilman Ackerly moved, seconded by Councilman Wise, " to introduce the ordinance. MOTION, Amendments -- --- '- Counciiwcn-an Bailie moved, seconded by Councilman McComsey, to delete Barabara from the ordinance. VOTE, Amendment (Failed): Yes: Bailie, McComsey, Measles, No Monfort wise, Williams, Ackerly Councilwoman Monfor explained she voted no because compromises have been suggested informally. There will.: be a public hearing. She would like both sides to review the compromises and settle once and for all. :.:..' Councilwoman Bailie said if we were in times when we 41 `1r `• 4 � - . .. .. ,—r - s •.� " o• 7,7. is oIr • ,r 47. KENAI CITY COUNCIL November S, 1986 Page 13 had money, it would be on the list. We discussed paving Wildwood. At least their road is drivable. Till most of the roads are drivable, then we can play catch-up. She has a problem up -grading when we have arepictures taking fromotherryprojectsthere to accommodateproblem. We compromise. VOTE, Main Motion as Amended (Passed): yes: McComsey, Measles, Monfor, Wise, Williams, Ackerly Not Bailie Councilman Wise suggested Administration meet with the land owners to discuss the alternatives. Councilman Ackerly suggested a phone call or certified letter to all concerned to find a convenient time. Councilwoman Bailie asked if anything was taken from any other projects for this at the last work session. Public Works Director Kornelis replied no, he thought Angler Dr. was high and cut that down. Councilman Ackerly asked if the inspection could be done in-house. Mr. Kornelis replied possibly, but a good portion is survey and soils testing. We are looking at a full time person out there. City Manager Brighton noted there is $60,000 contingency. Council agreed to a meeting Nov. 17, 7e00 PM. 0-9 Ord. 1176-86 - Increas. Rev/Appns - Federal Revenue - Sharing Funds, Streets - $11,500 Approved by Consent Agenda. `- a-10 Disc. - Kenai Recycling Center & Transfer Station - Sky a�= Carver d; City Manager Brighton explained he has not replied as Q.• ;! he was waiting for Council response. Councilwoman Monfor said she would like it pursued. In 18 months the land fill will be closed and we do not have a new site. Councilman Wise said he had a problem with the site. A recycling center next to a $5 Million - facility. Skip Bombard (Kenai Borough) is talking of •' uF about a baling facility in the city. If we can .get the Borough to make a presentation regarding this, we can get on with the issue. We need solid waste handled reasonably close to the people. Councilma4n Ackerly noted there is something similar to this in Girdwood. How do they deal with the odor? Is the fence high enough? Councilman McComsey noted this will be :•: entirely in the building, there will be no fence. Council agreed to direct Administration to pursue this of. .. " .. ' . .. .c '. .. .. •._... - — i KENAI CITY COUNCIL Novendmr 5, 1986 Page 14 further and combine it with the discussion regarding } { Marathon Rd.rI G-11 Disc. - Kenai Av. Serv.. - Jet Fueling Facilities Insurance Councilman McComsey noted he has the same problem. He cannot get these insurance limits. PUBLIC COHMENT$ Erin Vinkley (sp.?), Kenai Av. Serv. The requirement will be from 91 Million to $5 Million. It will cost them $15,000. Since June 4,000 to 5,000 gallons of - -- fuel have been pumped. They cannot afford this. They have been covered by Chevron. At the time they signed F_ the leases they thought it would continue. On Oct. 1 the sale was finalized. They are now under a jobber v. and he will not provide. Airport Manager Ernst noted _Y this is not a new issue. Federal legislation has been trying to deal with this since at least 1984. Federal regulations put the airport operator between FBO fueler and FAA. The city's responsibility is for the safety `y of the facility, they are responsible for any problem. The Legislator is trying to pass a bill that would say �. an FBO facility would be regulated so it would eliminate the middle man. Atty. Rogers explained it is - indemnification. An inquiry may be directed to our insurance carrier: if we dropped, would it raise the rates. He noted we have a similar situation with one °a.1 other person with occasional jet fuel service at i1 " v Million. There is a distinction however. Aviation Services owns this facility. Councilman McComsey noted 1Y" State airport leases say if they do not own, they are - not liable. Mr. Ernst explained, this is Federal - regulations. MOTIONS Councilman wise moved, seconded by Councilman Ackerly, that a stay be placed on Notice of Default for a minimum of 30 days to examine liability costs. .' Motion passed by unanimous consent. "? ' d. Atty. Rogers noted the stay is regarding insurance only. Council agreed. G-13 Assignment - L. Edelman & R.L. Schmidt to Fisherman's Packing "# Atty. Rogers explained he is not concerned regarding corporate entity. He has been trying to do this for some time, we have individual signators. J KENAI CITY COUNCIL November 5, 1986 -. Page 15 �T MOTIONs c A Councilman Ackerly moved, seconded by Councilman Wise, to approve the assignment. Motion passed by unanimous consent. 0-14 Disc. - P. Stiffler - Airport Parking Councilman Ackerly noted he liked the Merrill Field Al. form. He did not understand some of the objections. Councilwoman Monfor noted he objected to the 8 pages. , She would hope this will be settled. He has been here many times. Councilman Mccomsey noted there is no insurance requirement with Merrill Field. Atty. Rogers explained the question is whether Council wants to require insurance as previously set. Mayor Williams said we need the permittee to hold harmless and indemnify the City. Airport Manager Ernst has said o this does not often move. He suggested putting something in the lease. He wanted to see the man in business, but he did not want it to never be moved. Airport Manager Ernst said if we are not going to 4, require insurance, we should have an indemnification clause. We have identical leases with others and they pay insurance with no problem. He noted Mr. Stiffler said it is not used for hire, but Federal regulations ... say he can contract. It was originally for fish hauls. 4r Councilman Ackerly asked which was best - indemnification or insurance? Mr. Ernst noted he"4{ already took exception to indemnification. Councilman Ackerly asked if the other aircraft pay insurance. Mr. ; Ernst replied yes, they fly 4-5 times per month. Councilman Ackerly asked, regarding the regulations - he cannot get the plane out of here? Mr. Ernst replied this is restricted category. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, that our last, best offer to Phil Stiffler be to get insurance required of the other carriers. Mayor Williams said one of the problems with this aircraft is he wants to approach it as itinerant parking when it is in a permanent tie -down facility. There is no insurance requirements of itinerant parking. Regarding permanent tie -down, are they required to have insurance? Mr. Ernst replied the rest of the tie -downs are at leased lots. The lots come a under insurance at $500,000. The lessee has insurance. Short term is covered under $10 Million City insurance. Mayor Williams asked if he was transient parking.' Atty. Rogers replied there is a 5 day duration. p ° No x ° , - �=cis_ .. ° �. �� _ `t ... .--:.-..�:t _.. _ �_ I ,- -- —.- _—'----• -- •. �- o _ i OJT _ :ZENAI CITY COUNCIL November 5, 1986 Page 16 Councilman Wise noted we are leasing tie -downs at 2 j areas with different rules. Mr. Ernst replied they are leased tie -down spaces. He has to have $500,000 insurance. City Manager Brighton noted we have to be consistent with whatever we do. If we force him to buy that much insurance, when we open the new tie -down area o r. we will have to have the same rules. Mr. Ernst noted _ we could use the indemnification clause from the Merrill Field form. Mayor Williams noted indemnification must be backed up by financing _ capability. The plane is not worth the cost. Councilwoman Bailie added there is a problem with the . size. We will be having long term tie -dawn but with smaller planes. He has a commercial size. If we have a problem it will be more critical because of the size. z� Councilman Wise said if he is equivalent of more than =y& one plane, he will pay for the total. The Hold ---.-"-.--- Harmless is not worth anything. Atty. Rogers noted ERA it is asked the City to get rid of the Hold Harmless, a gray area. Mayor Williams said, regarding creation of policy for tie -down areas. He hopes to have the Airport Committee re-alligned to work with Airport Manager Ernst to establish policy. He suggested we wait till this is done. Mr. Stiffler is set for 400 days now, there is small danger of creating a problem. Councilman Ackerly asked what his lease payment is. -\'^ Answer - $100 per month. Councilman Ackerly noted if he does not have to pay, all others should not have to pay also. o VOTE (Passed): - Yes: Bailie, McComsey, Measles, Monfor, Williams, Ackerly -" No$ Wise - G-15 Disc. - Appl. for Permit - C. Garcia - Anchors for Buoys in Kenai River " Chris Garcia. He its applying for an anchor permit to anchor his boats. He found out he had to have permits, he has done this for years. The only agency he has had a response from is DEC. Their questions do not have to do with the environment. They are concerned if he will block boat traffic in Cunningham Pk. He has done this for years and never blocked -traffic. He asked if Council had any objection. Councilwoman Monfor said, - _ -----� =� . -- �-.,------- :. .._ �....:: ... ...�:......._, cam. after serving on the Kenai River Management Board, she — — v•'-__ did not think we should be involved. City Manager �.;- Brighton noted this application is available at many places. It would be redundant for Council. Council took no action. --.: _ .r„ O F KENAI CITY COUNCIL November 5, 1986 Page V G-16 Disc. - Ryan Air Request for Old AAI Office & Ticket • Counter at Airport Terminal MOTION: 4 Q Councilman Ackerly moved, seconded by Councilwoman Bailie, to enter into a lease agreement for terminal space with Ryan Air similar to other contracts, and that the termination dates coincide. Motion passed by unanimous consent. �- 0-17 Disc. - Cemetery - Councilwoman Bailie explained a problem was discussed at a recent Beautification Committee meeting. She asked where we were with the service contract. Tito - °-" 3 Wisniewski, Beautification Committee & Cemetery _= Committee, spoke. There needs to be quality control. �'`2. c_ Things have not changed in operations. He asked that one person open and close the graves. There would be-� consistency. They have not back -filled in every case. When the grave settles, excess dirt has to be removed. 7: It does not look right. Families should not have to do _ this. He did not know how the graves were located. ..:.. Councilman Ackerly said he thought we had a contractor. Mr. Wisniewski explained we agreed the funeral .j. directors would locate the graves with the family. It is not that simple. Someone needs to be giving orientation. They are marked. There should be a tarp when a grave is opened so the grass isn't killed. This is not being done. Councilwoman Bailie noted the City :.•�°::.. went to a lot of expense to have the grave sites marked. She suggested the City have a sexton to be L =v} responsible to open and close graves. Mayor Williams suggested this be added to the Nov. 26 work session. Mr. Wisniewski said he reviewed contracts for other 4: cities. He thought insurance would be a problem. ... G-18 Disc. - Aries Consultants - Air Passenger Services Study for Airport Airport Manager Ernst explained for 2 years the City has not done anything regarding what the airport can do h =, with other carriers. 6,000 to 11,000 passengers per month go through the airport. He thought there could be some way we can get the airlines to stop here on - their way south so they do not have to go to Anchorage. After phase 1 and 2 we will know if we can make a case to other airlines. Councilman Ackerly asked if Aries Consultants could give information on what we should do ti►;i4_ with the terminal, gift shop services, restaurants. Answer - no. Councilwoman Monfor said $24*000 is a lot ' of money. We don't need to ask them for space, they - - - {r11 A KBNAI CITY COUNCIL November 5, 1986 Page 18 are asking us. Mayor Williams suggested putting it on the Airport Committee study. Councilman Ackerly suggested putting it on the next Citizen poll. Council agreed to wait action on this item- G-19 DisC- - Awarding Contract - Commission/Committee secretary Councilwoman Monfor asked what the $396 per month would Cover. Mayor Williams said he intends to overhaul the - -- Comm/Comm system. This item has already been budgeted. Councilwoman Monfor noted the last Library Comm. meeting had a volunteer. The minutes were from hand - written notes and were incomplete. ° MOTION: councilwoman Monfor moved, seconded by Councilwoman Co _ Bailie, to take Niva's Secretarial bid for $396 and use = as needed till we have a re -vamp of Comm/Comm. Clerk Whelan reviewed the estimated hours and comet/comet involved. Motion passed unanimously by roll call vote. ; H. REPORTS H-1 City Manager City Manager Brighton spoke. --- - :? a- The questions in the questionnaire (Info 26) will ��- be available Nov. 7. :.. b. Councilwoman Bailie asked if Mr. Brighton had ' anything from FAA regarding the 2 parcels for camper park. Mr. Brighton replied FAA requires a lease before answering. There is something in the wind regarding an RV park. He will report later. c. Regarding the viewing walk on Bridge Access Rd., it is going great. It may be finished by next year. H 2 Attorney , Atty. Rogers spoke. -- e - Regarding the float plane basin. A letter was distributed to Council Nov. 5. We are Complying13 with the act. He referred to item H-2 regarding "- - the float plane basin, the appraisal for quick -take. Are we still in the same mode as we were? Councilwoman Bailie asked Airport Manager . _ - '',jT .^ . u c - .. l'•b .. :.. dim i __ 'z KENAI CITY COUNCIL November 5, 1986- page 19 Ernst if he had contacted FAA regarding lowering restrictions on tower visibility. Mr. Ernst replied yes, but he has not received a reply. --- -' Councilman McComsey asked if this is a bid item. Atty. Rogers replied no, but if Council changes -.•,_ its mind on the quick take, he would like to know as soon as possible. Mayor Williams asked if we had gone to the point where we cannot escape. Answer • no. Mayor Williams noted, once it is executed, we are owners of the property. Atty. Rogers explained, the court will decide the price. ti - City Manager Brighton added, if we have a quick take and the project does not continue, the City will be liable for the cost without help from FAA. Mayor Williams asked, what is the final date on a quick take. Atty. Rogers replied the application _ process is in January. He is anticipating a quick -0r Cake in December. Once we file, we will have the property within 20 days. Mayor Williams asked, why do we need a quick take? Councilman Wise explained, in June Council directed a slow take. t ". When nothing happened, Council directed a quick n take in August. We have to have the project before them by January. Mr. Ernst added, before we come to grant we have to own the property. Mayor Williams said if we get the property by quick take by January, we get reimbursed. Councilman Wise replied, acquiring the land is r, approved by FAA with FAA money reimbursing. There may be more costs. He did not know about .40 reimbursement on that. if we go in for application we must be able to tell FAA we will have ownership before the grant is awarded. Atty. Rogers added if we do a slow take the grant may not be finalized till we get the laced. if it is too high for the City, the City can say they will not proceed because FAA will not participate over a certain amount. Legal title remains with the _ �- -` owner. With a quick take the title goes to the know the cost will be, - - 1, City, but we do not what You cannot back out of the deal. Councilman Wise 1 noted Council authorized a quick take in August and still have no action. Mayor Williams noted wehave committed ourselves to $200,000 on this and we not know if it is viable or if wproject will build ito e :... �. b. He attended the National Institute of Law Officers recently. They discussed insurance pooling liability issues, the 1963 anti-trust action, police misconduct, constitutionality in people who t....: represent themselves in court (it is costing municipalities much money), conflict of interest & ® municipal liability of elected officials, and �'° . •. KSNAI CITY COUNCIL November 5, 1986 ` Page 20 special conditions as a pre -condition of development (spot Zoning). s H-3 Mayor ' Mayor Williams spoke. a. There will be a work session Wed., Nov. 26 at 7:00..,. PM in the Senior Center. They will discuss = commissions and committees. He requested all chairmen be there. There are many things that -_ have to be discussed, he invited the public. b. Regarding the Christmas party. City Manager Brighton said he has discussed this with Sen. Cit. Coordinator Porter. It will be at the Senior Center. He will report at the Nov. 19 meeting. - Council agreed to have it Mon., Dec. 22. H-4 City Clerk V .; Clerk Whelan spoke.` a. A telephone poll was conducted Oct. 3, 1986 for purchase of a retirement gift for Mayor Wagoner, as included in the packet.. = b. A request was made to include the TO DO list in c the packet. Council agreed to the request. .17 c. Councilwoman Monfor asked if dividers could be put in the Council packets. Council agreed to the °` r "r request. - _... _2 H-5 Finance Director Finance Director Brown spoke. a. A request for public hearing was included in the TY hacket for Aliak/McCollum Assessment Dist., to be eld Dec. 3, 1986. Council agreed to the request. b. Councilman Ackerly congratulated Mr. Brown for the outstanding financial report. Mr. Brown noted Kenai is the only city in Alaska that does this, Kenai Borough and Anchorage Municipality do. H-6 Planning & Zoning None H-7 Harbor Commission "=— -A. None - H-6 Recreation Commission Recreation Director McGillivray spoke. I . �;k - KENAI CITY COUNCIL November 5, 1986 Page 21 a. He noted the Roe. Comm. is 2 members short. b. He requested a work session with Council regarding the recreation area in the old dump for youth league. a. Regarding the off -road vehicle ordinance. They are reviewing the Soldotna ordinance. d. He is in the process of trying to bring the equipment inventory up to date. Councilman Wise suggested it be separated by age groups the parks support. Mr. McGillivray noted much is used by all ages. H-9 Library Library Commission Chairman Swarner spoke. a. She invited Council to the Dec. 2 meeting. There will be refreshments. She asked if there would be a secretary. b. She noted 100 students at Kenai Elementary visited the library. 1/3 had not been in before. At the present time 50-65 pre-schoolers are attending the Thursday story hour. Parents are encouraged to leave. c. She asked if Committee Reports could be moved up on the agenda after item B. I. PERSONS PRESENT NOT SCHEDULED TO BE'HEARD a. Councilman Ackerly noted Councilman McComsey was on the Recreation Commission and he was Council rep. He suggested Councilman McComsey be Council rep for the Commission now. Council agreed to the suggestion. Councilman Ackerly volunteered to be Council representative for the Hospital Board. Councilman Ackerly asked if the whole agenda could be advertised, he felt legal notice of public hearings is not enough. Clerk Whelan said Council has just recently authorized legal notice of public hearings. it will be expensive to publicize the whole agenda. Councilman Ackerly asked if a vote for deletion of 7 TZ.. - the Conflict of interest requirements could be on -b the next ballot. Clerk Whelan replied she has started on this. - - - - -- Councilman Ackerly noted the City schedules an annual tour of the City after elections for new Council members. City Manager Brightor, said it was planned for after Municipal League. � ,w Councilwoman Bailie suggested including the slide show prepared for the Winter Olympics proposal.=y• KENAI CITY COUNCIL November 5, 1966 Page 22 Councilman Ackerly said he had a volunteer for a committee. Mayor Williams asked that he obtain an application from the Clerk. Councilman Ackerly noted the Homer National History Society gets many grants, Kenai should find out how they do this. Councilwoman Bailie suggested Council send a Council member to Anchorage for the Resource Development meetings. Councilwoman Bailie suggested putting an article in the paper regarding applications available for Comm/Comm positions. Councilwoman Monfor noted there is no progress on the Airport Triangle park and the Municipal Park. Councilwoman Monfor suggested a sign be put up in Sterling promoting Kenai. Councilman Ackerly suggested running an ad in Milepost magazine. Councilwoman Monfor agreed that the REPORTS portion of the agenda is very late. Councilwoman Monfor noted there are lights out by the stop light. Has there been any work done on Aspen & Sth? Public Works Director Kornelis said it would take major work, it is on the Capital improvements list. Councilwoman Monfor suggested we should start now to prepare for tourists next summer. We need a closer working relationship with Chamber of Commerce. Councilman MaComsey noted Kenai has zoning powers, why did we have to go to the Borough for zoning? Admin.. Asst. Gerstlauer explained this was in - relation to the Land Use Plan. Mayor Williams said he and City Manager Brighton will be meeting with people regarding summer youth employment. There is $750,000 available. Councilman McComsey asked, where is the proposed "escape route" for Nikiski? A sign could be placed there. City Manager Brighton replied it is on Marathon Rd. ADJOURNMENTS Meeting adjourned at 11:55 PM. Janet Whelan City Clerk .`,, n ca.. arc ` 19 rs - - - -- ."