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HomeMy WebLinkAbout1985-03-20 Council MinutesA. B. C. D. E. AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 20, 1985. 7s00 PM 500 PM - Work Session with Library Commission PLEDGE OF ALLEGIANCE 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 so requests, 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. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) PUBLIC HEARINGS 1. Ordinance 1020-85 - Amending Kenai Municipal Code - Deleting Preference on Sale of City -Owned Lando 2. Ordinance 1021-85 - Increasing Rev/Appne - Central Filing System - $50500 3. Resolution 85-27 - Transfer of Funds - Japonski St. Water & Sewer, Spur Water Connection - $99200 a. Approval of Additional Engineering 4. Resolution 85-28 - Awarding Bid on Well House Repair - Krassberger - $129500 5. Resolution 85-29 - Negate Past Construction Award Resolutions, Library Addition; Awarding New Contract - Sunset Construction - $6860500 6. *Application for Liquor License - 7-11 0202 7. *Additional Liquor License - Merit Inn MINUTES 1. *Regular Meeting, March 6, 1985 CORRESPONDENCE 1. *DOT - Moving FAA Antenna 2. *C. Simpson, Kenai River Property Owners Assn. - Urging State Funding for Recreation 3. *Rep. Marrou - Local Service Roads & Trails 4. Oplwte 5. *Rep. Marrou - Road Projects, Dist. 5 I i I F. OLD BUSINESS 1. Latchkey Program 2. Lease Application - E. Petty - CIIAP G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1022-85 - Increasing Rev/Appns - Purchase of Kenai Atlas - $59000 4. *Ordinance 1023-85 - Increasing Rev/Appns - S. Highbush, Bumblebee, E. Alisk, Swires, Highbush Rd. - $232,000 5. *Ordinance 1024-85 - Finding Airport Lands Not Needed for Public Use 6. *Ordinance 1025-85 - Increasing Rev/Appns - Donations - Kenai Museum - $19294 7. *Ordinance 1026-85 - Amending Zoning Map - Sprucewood Glen 5/0 8. *Ordinance 1027-85 - Amending Kenai Municipal Code - Title 21, Land Leases 9. Ordinance 1028-85 - Increasing Rev/Appns - Sidewalks, Lawton, Tinker, etc. - $799000 a. Discussion - Sidewalks 10. Discussion - Fire Control Agreement with State 11. Discussion - EPA Grant Priority List 12. Discussion - Street Lights Along Bus Routes H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT i I Y � •. J1 ♦ J 0 KENAI CI Tr srOUNCII — REGULAR MFFIING March 20. 1985 - 7 s i;, r, L"; Kenn! City Hall Tom Wagoner. Mavor PLEDGE OF ALLEGIANCE A. ROLL CALL Presents All Council Members Present A-1 AGENDA APPROVAL City Manager Brighton asked that Ordinance 1019-85. inadvertently left off the public hearing and should be Added at C--B. the second is a substitute. Resolution 85-29. Item C-5. G-13 set water 6 sewer assessments for City of kenat A-2 City Clerk asked to remove the minutes from the consent agenda. Public Works Director wishes to amend. MOTION: Councilman Measles. seconded by Councilman Ackerly. moved to approve the consent agenda MOTION: Councilman Wise moved to revise G-8 and C-6, seconded by Councilwoman Monfor VOT€s Motion passed by unanimous consent B. PERSONS PRESENT SCHEDULED TO BE HEARD None C. PUBLIC HEARINGS C-1 Ordinance 1020-85 - Amending Kenai Municipal Municipal Code - Deleting Preference on Sale of City -Owned Lands MOTION: Councilman Ackerly moved approval of Ordinance 1020-85. seconded by Councilman Hall. There was no public comment Councilman Wise stated that he could not support the ordinance, but no problem with removing land like Section 36 that has been subdivided and is ready for sale but this goes to far, getting into unsubdivided r ; t r W 0 KENAI CITY COUNCIL March 20. 1985 Pane 2 lands and negates the concept application for anything. It does not appear to be well thought out. VOTE: yeas Wagoner, Ackerly no: Wise, Bailie, Nall, Measles, Monfor C-2 Ordinance 1021-85 - Increasing Rev/Appns - Central Filing System - $5, 500 MOTIONs Councilman Ackerly moved adoption of 1021-85, seconded by Councilwoman Monfor There was no public comment Councilman Wise had no problem with the appropriation but has problem with the third "Whereas", "Council did not fail to do anything, we did exactly what was requested of us, if anything it was the administrative poopah not to aek for adequate monies and I really take offense for being blamed, we only responded to the administrative request and I find that offensive." VOTEs Motion passed unanimously. C-3 Resolution 85-27 - Transfer of Funds - Japonski St. Water & Sewer, Spur Water Connection - $9,200 MOTIONS Councilman Ackerly moved adoption of 85-27, seconded by Councilman Measles There was no public comment. t ; VOTE s (: Motion passed unanimously. 1 i C-4 Resolution 85-28 - Awarding Bid on Well House Repair - Kraxberger - 112,500 Public Works Director pointed out that item C-3-s was skipped and a motion is needed C-3-a Approval of Additional Engineering Councilman Ackerly asked for clarification of what is requested: should it be $5,900 depending on the necessity for a Corp permit, U?' Public Works Director Kornelis stated that the Corp permit is just a FM I ' I � w I, �r-ii(:4 ice_ i1.Si'N-/L -- '/4,; -c.: __. ..^—_ • maw-. ..� �.. li 1 KENAI CITY COUNCIL March 20. 1985 -- --- Page 3 ` review and if it gets more involved it will cost an additional $2500. therefore $9,200 is the total cost. Councilman Ackerly stated that it appears to mean that they can do the Letter of Intent without the $9,200. finance Director Brown stated that this is dealing with the Spur water extension, the $3300 above it deals with Japonski Street. MOTION: Councilman Ackerly moved approval of the engineering on Japonski Street to McLane 6 Assoc in the amount of $9.200, seconded by Councilman Hall VOTE: Motion passed by unanimous consent Return to item C-4 C-4 Resolution 85-28 - Awarding Bid on Well House Repair - Kraxberger - $12,500 Public Works Director stated that there was one other ')adder that ' needed to go on; Echo Lake Drilling Co. and the amoun+. is $12.700, this will not change the rest of the resolution. MOTION: Councilman Ackerly moved approval of 85-28. to include the third bidder, Echo Lake Drilling and their total bid in the amount of $12,700, seconded by Councilwoman Bailie There was no public comment Councilman Wise asked what was being done, the word 'overhaul' usually means pumps and equipment, but a drilling company. are we going to rebore the well? Public Works Director Kornelis explained that they would be pulling the well head pump itself. there will be another contract for the actual work on the pumps by an electrical company. Councilman Wise stated that it had been 8 years since the last cleaning, is this normal. Public Works Director Kornelis explained ' t i that it is a little overdue. a• ;l VOTE: =' n Motion passed by unanimous consent. ' C-5 Resolution 85 ::? - Negate Past Construction Award Resolutions, Library Addition= Awarding New Contract - Sunset Construction - $686,500 -�� MOTION: Councilman Measles moved to adopt 85-29, seconded by Councilwoman -. - Bailie i- I 1 �� KENAI CITY COUNCIL March 20. 1985 Page 4 Mayor Wagoner stated that his pe,*et was short the information. MOTION AMENDMENT: Councilman Measles amended the motion to read 85-29 Substitute. seconded by Councilwoman Bailie. There was no public comment. Councilwoman Bailie asked how soon this could go out for rebids Public Works Director Kornelis answered 1 - 1.5 weeks on the revised drawings, the same price as Gaston. Need 30 days for advertising putting it around the end of April. Councilman Ackerly stated for clarification; bid it deleting the elevator making it on the same level as the current library. without probability for a second story. Mayor Wagoner indicated it was the oppusite. Councilman Hall felt there snoulc be provision for underground wiring for a future elevator for a future second story. Public Works Director Korneliss "the plans & specs shall be written oo that a future second story could be added". MOTION AMENDMENT: Councilman Hall moved to add "the plans h specs shall be written so that a future second story could be added", seconded by Councilwoman Bailie. Councilwoman Monfor asked for a time frame for the start of construction, answer from Public Works Director Kornelis, we are shooting for the first meeting in May to be awarded by Council, it will then take 10 days for the contractor to get his performance and payment bond insurance, after 10 days we will have a pre -construction conference and issue the Notice to Proceed, then you will have 120 days of construction or 6 months or completed by Christmas. VOTE - AMENDMENTS #1 & 2s yess Wagoner, Bailie, Hall not Wise, Ackerly. Measles, Monfor MOTION AMENDMENTS Councilwoman Monfor moved to amend to go back to the original one story addition that was first designed and approved by Council without a second story to he added later. seconded by Councilman Measles. Councilman Wise asked if Councilwoman Monfor would be willing to, under the wording in the second paragraph, "the addition is to be built on the same .level of the existing building." Councilwoman Monfor agreed. Councilman Wise stated that all it would do is clarify and there is no reference to a second story or elevator. Mayor Wagoner stated that with permission of second we can treat that as a friendly amendment, Councilman Measles stated he felt uncomfortable with r, KENAI CITY COUNCIL March 20, 1985 Pace 5 "leaving it hanging". add, "the elevator and plans for a second floor Is to be deleted from the plans and specifications and leave out the rest of the sentencs". MOTION FRIENDLY AMENDMENT: Councilman Measles moved to further amend the amendment by adding: "the elevator and plans for a second floor is to be deleted from the plans and specifications, seconded Wise. Councilman Ackerly stated. "if we go back to the original plans it changes the interior. that's why I thought it would be important to back to the original plans and try to make them compatible. Councilman Measles stated. "we are talking about rebidding the construction of a library addition, the same level, one floor, no elevator. no future second floor." Public Works Director :jrnelis stated, "that will make it compatible with the library as it is, with a second story it would not be compatible." Emily DeForest stated that "the floor plan on the original building, the original one story building is much more conducive for space than the floor plan you were planning on the two story building. The spacinn is different but it gives us 4 typing and listening stations, the activity room was a little larger and yet it does not cut down on stack space if you go clear back to the first plans that were submitted, as far as I am concerned. that is a better floor plan to work with." Mayor Wagoner's "only statement to that would be that if we go with this amendment then the Council has spent $42.000 in design costs that we didn't need to spend in the first place and the reason we spent those was because the Library Commission asked us to try for more square footage for either now or in the future so if we go this way, we're basically not following what the Library Commission asked for at that time." Councilman Measles stated, "I believe the Council suggested that to them first." VOTE AMENDMENT #3: yeas Wise, Ackerly, Bailie, Measles. Monfor nos Wagoner, Hall VOTE MAIN MOTION AS AMENDED: yess Wise, Ackerly, Measles, Monfor nos Wagoner, Bailie, Hall C-6 Application for Liquor License - 7-11 #202 Councilman Wise asked if it was permitted within the population figures. Rarely do we have a package store permit available within the City without 16 different applicants. Mayor Wagoner stated that "my understanding is the reason it even shows up on the City agenda fQ J r a! A ,. KENAI CITY COUNCIL March 20. 1985 Pace 6 somewhat auestionable because we have nothing to say about it anv ours is merely an advisory thing." City Attorney Rogers stated t under the state statutes if we had some specitic protest or reaso could in fact protest the liquor license but the population r_rite -_ is not within the realm of our bailiwick to contest. MOTION: Councilman Measles moved that a letter of non -objection be sent in regards to the package store ligt,or license, seconded by Councilman Wise. VOTE: Motion passed by unanimous consent. C-8 Ordinance 1019-85 Increasing Rev/Appns - $19,400 - Rec Center MOTIONS Councilman Ackerly moved for adoption of 1019-85. seconded by Councilman Measles, There were no comments from the public. Councilman Wise stated, "I still have the same basic problem, there are two whereases in there that indicate mismanagement and it hasn't been adequately explained on either one to my satisfaction. The first one is the level of personnel costs exceeding the level that was authorized by the City Council and I still don't have an explanation that explains why the level of expenditure exceeded that authorized by the Council, why for example did it take 6 - 7 months for the problem to surface. The second problem is the third whereas. "whereas it appears that at the present rate of expenditure, an additional $7,000 is needed for the operating supply account for the end of the fiscal year," that again is a deficiency appropriation and if we sift in the budget and approve monies as presented to us by administration and we buy their request, then they go ahead and expend we may as well go home, there's no sense in having a budget, every place I've ever been the deficiency appropriation is .justified by some unusual circumstance, natural disaster, alot of snowfall, something like that not by failure to execute the budget and I simply cannot buy it without some real explanation about why the budget was not adhered to by the administration, by the department, the finance department. and the city manager, 3 agencies which are responsible in the code to monitor these activities." Mayor Wagoner felt that it was monitored and the Council is left with Y choices. to stay within budget right now we can close down the Recreation Center for the rest of year and not operate it, which number 1 keeps intact the budget amount the City Council approved or we can approve this ordinance, ite one or the other. KENAI CITY COUNCIL March 20. 1985 Page 7 Parks A Rec Director McGillivray explained that it is a combination of things; one we have aint more activity this year both upstairs and down and we have put people in the gym in the evenings when we've had heavy traffic there because we felt it was necessary, we also failed to put in our budget last year for salaries for people who were replacing those who were taking leave or vacations. The request for $7.000 for supplies: Last year we requested $22.000 but was rut to $15.000 so it appears that the $7.000 is necessary to finish out the fiscal year. Councilman Wise asked Parks A Rec Director McGillivray If the Council had cut the $7,000, answer no. VOTES Motion passed unanimously, BREAK D. E. F. F-1 MINUTES 1., Regular Meeting, March 6, 1985 Public Works Director Kornelis wished to correct item on page 11. it should read. "They are charging ($100.000) $100.00 per set for the maps but copies are available to Council for their use at no cost. Minutes were approved as corrected. CORRESPONDENCE No comments OLD BUSINESS Latchkey Proarem Maryli Degerstrom stated that the program is looking for some committment of support from the City of Kenai and hoping to come up with some financial support for school age children. Ms. Degerstrom reviewed material previously submitted. Financing in Anchorage and Juneau is coming from a block grant and is 1/3 of the total funds necessary to run the program, the rest comes from parent fees and child assistance. Mayor Wagoner read Mr. Syzmanaki's letter which stated that block grants are given to municipalities who then passes them through to the programs receiving the grants. It would appear that the more appropriate place to apply for :hose block grants would be the Borough, Department of Education rather than the city. Councilman Ackerly stated that "the last time you were here you stated that you were going to contact other places". Ms. Degerstrom stated that the Soldotna Council is being contacted this evening. also the Borougn Assembly on Thursday night. City Manager Brighton stated that KFNAI CITY COUNCIL. March 20. 1985 Page 8 the City already has day rare assistance run through the Women's Resource Center. Ms. Degerstrom erplsined that day care assistance is for those who can't pay a full fee. and is run through Social Services, City Manager Brighton asked if they would then be eligible to participate in a day care program. answer yes. City Manager Brighton asked "if your program caters to those who can afford it, why are you asking for assistance". answer. the money is to get the program kicked off, to get set up, and people registered. and determine hors much money can be brought in. City Manager Brighton stated that "it looks to me that these are two separate programs performing baRically the same function. one is state sponsored and the other one is not. Mayor Wagoner stated hie feeling was that the City of Kenai should not get into a quasi social services program regardless of the purpose. It still should be run through the Borough. one reason for this being the participants are going to be area wide, not just the city. The City of Kenai receives tar support for city services rcr those within the city limits. although the recreation and library programs are broader. Ms. Degerstrom asked, "what you are saying is that at some point if the need were large enough and the participants could be identified as city residents you would support it, Mayor Wagoner answered thst "I would support the city having enough lead time to go to the Community b Regional Affairs to get a block grant but I would not support the City putting their dollars into it because the City is not in the day care or educational business, that is not one of the things we have elected to do and I'm not sure I would elect to do it in the future. Councilman Wise stated that Kenai is the first to get into day care assistance but only for those identified as residents through the Women's Resource Center& because we are a pass through agency, we are liable to the state for the funds. Councilwoman Bailie stated that it would be easier on the program to deal directly and exclusively through the Borough, and since it certainly a Borough -wide problem it would certainly be much easier to deal with one entity instead of going to each community and it dope sound like the Borough could easily be the entity to work through. Councilwoman Monfor gave Ms. Degerstrom information to contact the Community Schools program. Councilman Wise asked how much money was allocated for children under 12. Parks b Rec Director McGillivray stated that the summer recreation program covered children from 5 to 15 years old, approximately $3000-3500 plez the parks and ball parks which are dedicated to younger childrer:. Councilman Wise suggested cancelling the summer recreation program and funding this program, asking for a review of that statement. Mayor Wagoner stated that if we do that. then we need to go to Emily and ask if she wants to give up story hour, the volunteers who run that program. and every other program the city runs. Councilman Measles agreed that the City shouldn't get involved in this type of program. m KFNAI CITY COUNCH March 20. 1985 Wade y Me. Uegerst.rom stated that whatever the derision. they would like to qet a letter of support if you in fact think the program is a good one. it will help our legislators for nert fall. Mayor Wagoner agreed. F-2 Leas_ a Application_ F. Petty - CIIAP Land Manager labahn explained that the Planning Commission reviewed this application 2 meetings ago, approved the concept application pending a list of things being revised, the applicant returned and the Commission again reviewed the site plan. There are still 2 concernst I being drainage. City f_ngineer rerommends a drainage plan be required prior to the phasing of the development. 2) snow removal was indicated, however, the city feels that is unacceptable as arrangments need to be made for on -site storage or for removal of the snow. Eric Petty felt one of the main concerns of the Planning Commission was the possibility of Fred Meyer needing the site. Mr. Petty proceeded to demonstrate the current sites for Fred Meyer and the square footage required compared to the available tracts. Mayor Wagoner, the Council. and Mr. Petty discussed compatibility. Mayor Wagoner stated that the City is more than willing to work out a site for his theater but at this time they are interested in having an option to lease the property in its entirety to Fred Meyer. It has been related to Mayor Wagoner that the 2 poorest uses of property, with ready access to highway frontage are bowling alleys and cinemas because they are not "prime time" activities and have a high demand for parking space. Mr. Petty disagreed stating that high exposure is important in that people coming or going from work drive by to see what ie on the marquee for that afternoon. Councilwoman Monfor asked for a time frame for construction, i.e., if it were postponed for a week or two would it put Mr. Petty too far behind, Mr. Petty answered that time is of the essence. Councilwoman Monfor asked if Mr. Petty had looked at any other lands. Mr. Petty answered yes, however, the lands along the highway that he was interested In were unavailable. MOTIONS Councilman Ackerly moved to postpone this concept lease application to the meeting of April 3rd, seconded by Councilman Measles. Mr. Petty asked if Fred Meyer had made any formal procedures for obtaining the property, Mayor Wagoner answered that they have sent 2 letters indicating a strong desire for that property. they have reviewed the site. Aayor Wagoner expressed support of Mr. Petty's project and asked for indulgence until things are settled. Councilman Ackeriy agreed, stating that he would not like to jeopardize the opportunity. Councilman Wise stated that he felt "there is not enough liability insurance to cover a loss if' in invoking Fred Meyers' name in this lease application. The code is clear in that we do not have a r KENAI CITY COUNCIL March 20, 1985 Pag" 10 competing lease application. a fee has not been paid. I feel wa are very definitely exposed to a liability, on the record to discuss the viability of this lease relative to Fred Meyer, I think we have exposed ourselves to an extreme degree. I agreed that whether this particular site for a movie house is questionable, but when a third party enters into it, the discussion is tainted. I can't see justification for postponement." Mayor Wagoner asked for a legal opinion. City Attorney Rogers "disagrees with the legal opinion rendered by Councilman Wise, refer the Council to KMC 21.10.060 regarding the processing procedures for an application, I don't see any liability in what the Council has done and if T did see liability. I'd ask for an executive session and discuss it there, since this would involve financing, rather than discuss it publicly". VOTE TO POSTPONE: yeas Wagoner, Ackerly. Bailie, Hall, Measles, Monfor not Wise G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Measles moved approval. seconded by Councilman Ackerly VOTE TO APPROVES Notion passed by unanimous consent G-2 Requisitions Exceeding $1,000 MOTIONS Councilman Measles moved approval. seconded by Councilwoman Monfor VOTE Motion passed with unanimous consent G-8 Ordinance 1027-85 - Amending Kenai Municipal Code - Title 21 Land Leases MOTIONS Councilman Measles moved for introduction of Ord. 1027-85, seconded by Councilwoman Bailie. Councilman Wise stated, "1 have a problem in that I don't know whet this means and I don't think the public at large knows what it meana- It's not that I disagree but I would like an explanation. I don't believe anything should be introduced unless there is backup material for the great American public not oniv in the audience but at home so that it can be widely disseminated before it is introduced. I don't I ti'. KENAI CITY C01J.NCIL March 20. 1985 Page 11 believe it should wait until a public hearing for them finally to get filtered down as to what the impact is. I think the ordinance should be postponed until backup material accompanies it." MOTIONS Councilman Wise moved to table Motion fails for lack of second. City Attorney Rogers stated that his explanation would consist of copying , public document being the code provisions thought to be repealed by the ordinance and the reasoning for the wanting to repeal those hre contained. It so happens that many of these code provisions are non existent or eyist in a different form or format. What's happened is that standard lease provisions have become part of the code, not only that but are maintained by the code that those lease provisions are Tequired. It is my hope that I can get away from the compulsory inclusion of such things in leases as arbitration and with this I would be allowed to do that. Right now we are being compelled to put an arbitration provision in every lease, that is to the city's disadvantage, Its very time consuming, it requires the appointment of 3 lawyers any time there has been an appeal. The other provisions are either intuitive or are already contained in the lease. If the Council wants to adopt a standard lease, which can then be amended for change by Council which I do not advise, they could do so. Disseminating material I think is a waste of time for me to copy provisions of the code to hand out as attachments to this and I also maintained that it is n public document, the code is available not only to Council but to members of the public as well should they express and interest." ' VOTE: Motion passes yess Wagoner, Ackerly, Bailie, Hall, Measles, Monfor not Wise G--9 Ordinance 1028-85 - Increasing Rev/Appns - Sidewalks. Lawton. Tinker. etc. - $79,000 a. Discussion - Sidewalks MOTIONS Councilman Ackerly moved for introduction of Ord 1029-85, seconded by Councilman Measles Councilman Wise stated. "my stand on sidewalks has been long-standing, normally during the winter time they are unavailable for the travelling public because of snow and other conditions, they don't, make any effort to clean them. I think that in alot of cases we have other needs in the City that are far more Dressing then sidewalks. To - 1 J - � I KENAI CITY COUNCIL March 20. 1985 Page i 12 carry this out to the logical development. we should ptit sidewalks in Redoubt Terrace. Woodland. Inlet View and some which are well - established areas that don't have sidewalks at all. I would rather see this money used for street lights for bus routes and road upgrading projects." Councilman Hall aqreed. City Manager Brighton stated that he would like Council to take a long look at this piece of legislation. First. Woodland. Redoubt, Linwood, Candlelight. Evergreen -Haller area just upgraded. all have no sidewalks. The only area that has sidewalks on both sides of the street is that stretch of the Spur between Main Street to Forest Drive. It would appear to me that rather than putting sidewalks on both sides of I-awton as, an example, that the money would be better spent upgrading a road or adding a water or Isewer line. Councilman Ackerly discussed the request to Public Works that a letter be sent to the Fandels informing them of the action because they were the initiators of the ordinance. Public Works Director Kornelis ,. stated that the City Engineer had talked with them but no letter had , jbeen sent. VOTE s Motion failed unanimously b Mayor Wagoner stated that he "doubted the sincerity of a proposal for $10,840 to do the engineering. Councilman Ackerly agreed. G-10 Discussion - Fire Control Agreement with State , I Fire Chief Winston stated that "the City Attorney wanted to get it on the table so that everyone would have a chance to look at it before reviewing should the City have any concerns with it. We don't have any problem with it the way it is, the only thing this does that the old agreement with them didn't cover are a few miles on K-Beach road on the side not in city limits that this agreement would require us to ' make the initial attack on as long as it was adjacent to the road. We drive right by it to get to Cannery Road so it really is to our benefit I think to jump on a small fire before it gets to be a big fire. It is just a basic mutual aid agreement with the Forest Service. they help us out when we have a wild land fire and we help them out when they have one if its within our reach." City Manager Brighton stated his hope that the Council would make no decision on the item tonight. "I don't know how it relates to areas that proposed to be annexed to the City and I don't know how it relates to us providing free fire service to people outside the city which the taxpayers are paying for." t. KENAI CITY ff)UNCIL March 20, 1985 Page 13 G-I1 Discussion EPA Grant Priority List Public Works Director Kornelis reviewed the list for the Council. EPA has lowered their fundinq by 55% And require the municipality to match It at 450*, DEC will not, provide that matching fund unless it is part of their prtarity list, Councilman Ackerly asked what would happen if we applied for this and jrould not obtain the necessary 45%, would we be able to go with the grant, from the Feds. answer yes. What would happens to the balance of that money, answer from Public Works Director Kornelis, any eyt,ra money would go back:. Mayer Wagoner requested that a prioritized list be drafted by public works for the Council coordinating federal with state. Councilman Wise stated, "I am curious about, the east Kenai interceptor, the Governor had it on his DEC matching program, I don't, know where that bill has gone and its also on the Capitol Improvements List, I think it was in two different offers. I think we should pursue it, I think we should do the engineering we allocated the funds for and be Ain a strong posture to get, it. leaving Beaver Loop I think is so for down the list. it would be good to have just the things on the list that qualify so that if anything does happen we can withdraw in time. I think the east Kenai interceptor is a critical thing and I'd like to encourage the administration and Council to move on it and get it engineered, you already had bids, ,just didn't award proposals. Councilman Ackerly asked about the incinerator which appears on the Borough list, no information available, G-12 Discussion - Street Lights Along Bus Routes NOTION: Councilman Wise moved to proceed with the street light proposal. seconded by Councilwoman Bailie, The Council discussed the costa. Mayor Wagner asked Finance Director Brown if the City pays for the light poles along the Spur, answer yes. We pay $6O,OOO per year but the state reimburses us. NOTION WITHDRAWN with consent, of second Councilman Wise stated that "I can't see why HEA can't establish a rate for a non -metered street light and if they refuse to I think we should approach PUC to find out why."Mayor Wagoner was of the under- standing that HEA is doing away with the yard lights an a monthly charge, it would be metered," Public Works Director Kornelis indicated he had contacted Air-Tek and HEA but, only City Electric had responded, Kornelis will contact the other two. "Councilman Wise stated that, "I have no problem with the hookup r..harges, but once its wired in I don't see why it has to run through a meter and I don't see �r > i KENAI CITY COUNCIL March 111, 1985 Pace 14 why there can't, be a flat fee and if that's not...HEA is a oublic utility, if they're not going to provide that public utility service then I think the customer and the share holders have a right to complain, I think we should approach them, the board, and PUC if necessary to get a clarification." Mayor Wagoner asked if Councilman Wise was making a request of Public Works, answer yes. Mayor Wagoner set this item for next meeting. G-13 Discussion - Percent for Water 6 Sewer Assess. District This item is added as a result of the work session before the meeting. The Council, feeling a need for a policy when approached by the public ' jrequesting a water & sewer assesoment district. j MOTIONs Councilman Ackerly moved that water 6 sewer assessment percentages be set at 50:, seconded by Councilwoman Monfor. Councilman Hall asked if this was to be established for new U subdivisions or pertaining only to existing streets. NOTION AMENDMENTt 1 Councilman Hall amended the motion to indicate the percentages would ' not pertain to new subdivisions, seconded br Councilwoman Monfor. Councilman Wise felt 50: is too high. I think it is prohibitive and penalizing those who weren't able to get their requests in. MOTIONS Councilman Wise moved to amend the percentage to 2514' f MOTION FAILS for lack of second Councilwoman Bailie stated that at one time when we were getting money from the state we were very plush and residents of the city were f getting 100: of the assessment district. Then at a time when we had money we were doing it without assessment and I feel that 50e to fair and equitable at this time. Councilman Hall asked if after approving , this will the priority list be changed. Finance Director Brown answered that it should be flexible enough to be a guidance situation. ' I think you are thinking in terms of development including multiple � property owners. You will still have a situation like McLanes when you won't want to put anything into it. To clarify, Mayor Wagoner stated Councilman Hall's amendment takes care of this, as it only pertains to currently existing roads, not any future subdivisions. i Councilman Wise stated that he had a problem of introducing this as an , action item without holding a public hearing. i KENAI CITY COUNCII March 20, 1985 Paue 15 MOTIONS Councilman Wise moved to postpone this item to the next meeting and further request a formal resolution be drafted for public hearing. seconded by Councilwoman Bailie. VOTE. - Motion passed by unanimous consent H REPORTS H-1 City Manager Planning 6 Zoning has reviewed an ordinance proposed by the Borough regarding uniform street naming within the Borough. City Manager Brighton was informed that the Planning Commission recommended approval with 2 exceptions, 1)"new or changed street names shall not duplicate existing street names within the Borough" which means if Kenai has a Main Street, Homer can't have a Main Street. City Manager Brighton stated that the planning department at, the Borough ought notto be telling the City of Kenai what to name their streets. 2) "the Planning Commission (Borough) may be resolution, change, rename, or name an existing or established street within the Borough at any time after the adoption of this ordinance upon notification" and does not say consent of municipalities, it says after consultation. Mayor Wagoner objected to the overall ordinance. "that's why the City of Kenai requested for and received their zoning powers was to enable us to do our own zoning and that includes naming our own streets and ehanging names, case in point, Chinulna Point. we were so worried about duplicating the name because there is one in the Borough. Land Manager Labahn explained that the concept of the ordinance is to coordinate street naming on a Borough -wide basis. Where emergency response is concerned within service areas, it causes the Borough some problems, this is where they are coming from. "If the Borough is going to take over the "Authority" the City still needs to play an important roll in the street naming. What the Borough is requesting is that they would recognize all the existing streets the way they are now, but when additional streets come on line, that would go through the Borough for authorization." Mayor Wagoner stated that "what the Council is suggesting that you communicate with them that Council doesn't buy that, the Borough and the areas they are concerned about are not providing any emergency services within the City of Kenai. therefore there should be no conflict, their problem is within their own service districts and the unorganized portions of the Borough." Councilman Wise stated that most of the people are able to identify if they are on Redoubt in Kenai rather than Redoubt in Soldotna. I don't gee that as valid. Mayor Wagoner asked Land Manager Labahn to transmit those feelings to the Borough. KFNAI CITY COUNCIL March ?0. 1985 Psoe 16 MOTION, Councilman Ackerly moved that, the City Manager in consort with Land Manager write a letter to the Borough telling them thanks but no thankf, we will keep our own powers4 seconded by Councilman Hall. VOTE: Motion passed by unanimous consent City Manager Brighton, in answer to question posed by Councilman Wise pertaining to "where are the money brills". as a result of 3 days in Juneau, the answer is they are in a state of hold. no CIP bills have been released from any finance committees. some have been in the State Affairs Committee in both Senate and the House and have gone from there to the finance committees. however. the finance committees are not going to turn loose any of those bills until they have reduced the Governors budget to a satisfactory level. Neither the Finance Chairman of the Senate or the House told Kenai no on any particular project that we have waiting. They will not start movement on VIP projects for another 2 or 3 weeks. but once they come out they will be coming fast and will take 14 people to follow them. Councilman Wise asked if they have killed the DEC matching program, answer no. H-2 City Attorney Councilman Ackerly asked for any new litigations. City Attorney Rogers answered, "we've got developers (inaudible) in litigation, we've got various utilities wanting to intervene in the PUC litigation, even though at first blush they won, they want it changed from the PUC decision so they are attempting to preclude our standing on the basis that we didn't intervene in the PUC matter." Councilman Ackerly asked about the cable TV matter, City Attorney Rogers answered that this decision is part of the decision. City Manger of Palmer indicated they may intervene on our side. City Attorney Rogers is sending copies to various other communities and should hear shortly. H-3 Mayor Mayor Wagoner submitted 2 names for confirmation for people to serve on the Mayor's Council on Aging. these 2 names will bring it to full membership. Mayor Wagoner has not been able to obtain volunteers from the Native Group, however hopes to have a volunteer at the next term opening. The names are Francis Meeks and Fred Chambers. MOTION: Councilman Ackerly moved to accept the names submitted, seconded by Councilman Wise i; 1 i KENAI CITY COUNCIL March 20. 1985 y Page 17 YOTEs Motion passed by unanimous consent. Sue Carter submitted a letter requesting Past Mayor Ron Malston serve O 11 in her placeias she is coming into the busy time of year for the 6 pNs41V.c,,"#•. Chamber. Ron Malston asked for a postponement to consider. There are no other names for the Beautification Committee. Walter Them, resident of the City is willing to serve on that Committee. i Mayor Wagoner will be in contact with him. j Mayor Wagoner presented a letter from the Governor which is to be sent to each Council member regarding volunteers, asking each municipality to submit names of persons for Volunteer of the Year. Each name submitted will receive a certificate from the Governor. Mayor Wagoner suggested requesting the Chamber submit names also. Mayor Wagoner referred to Rep. Marrou's prioritized list and indicated j a passage reading, "to the best of our knowledge" this is the first time this procedure has been used. Mayor Wagoner pointed out that the phrase "our" is a qualified my or I and the list is not a list of the contingency of the legislative representatives from the Peninsula. City Manager Brighton stated that the representatives were emphatic that they were no part of this list. Mayor Wagoner reminded the Council of a joint meeting with the Assembly Members for breakfast on March 28th. Clerk to send out notices to the Council and 5 Assembly members. Mayor Wagoner will be on vacation from 413 to 4/20. Councilwoman Monfor referred to the joint work session with the Planning Commission and Beautification Committee regarding the Old Towne project. Council Members Monfor, Hall, Ackerly, and Wagoner will all be out of town, however it was determined that the session will go forward. H-4 City Clerk No Report H-5 finance Director No Report H-6 i Planning & Zoning Councilman Wise was unable to attend 4 r a J i KENAI CITY COUNCIL March 20. 1985 Page 18 H-7 Harbor Commission No Meeting Councilman Wise, "we were talking one time about trying to proceed with what we've got and doing something, where are well. Mayor Wagoner stated that to his knowledge we are no further. Councilman Wise asked if they have been informed that we are interested in (inaudible) answer yes. H-8 Recreation Commission No Report H-9 Library Commission No Report I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Carmen Gintoli, 117 Deepwood Court, asked for clarification on the zoning code. "If a person wants a variance from a zoning ordinance and that variance is granted by the Planning Commission, does not the City Council have to approve the variance also. I understood the Planning Commission was advisory only." City Attorney Rogers stated that persons aggrieved by the action of the Commission can come to Council. The prob'�em I have is the advisory nature of it and the lack of any approval and disapproval by Council unless it is an appeal situation. Mr. Gintoli stated that there was a variance granted at the last meeting and the work was done and the Council never heard anything about it and that is the 7-11 sign. Council members Ackerly and Monfor expressed concern regarding this esp. since it was such a close vote. Councilman Wise stated that prior to the Zoning Code the Commission was advisory to the Borough and then to the Council. however, within the Zoning Code they are delegated specific authorities. Public Works Director Kornelis introduced a proposal for flag poles for $8,000, Councilman Ackerly had asked for this information, and feels at this point that it is for information purposes. Mayor Wagoner requested a discussion on this item ow -Ow miet Own" Public Worke Director Kornelis brought up the E. Aliak project at request of the City Manager. The design engineers on that project are no longer in business and the City is having problems with the drawings. S&S Engineers are reorganizing in Anchorage. The person drafting the drawings are trying to make it good. 1 I i rI I i 9UNAi CITY 000NCIL March 20. 1985 Page 19 Councilman Nine eyprenned concern that. Inlet Woods will not, be goinq to bid this year. We bonded npeciffeally for that project and money has been spent, on the clearing. Mow much grace time are they going to be given, we can't, finalize an assessment project until an audit has been conducted. then a Vner before the first payment. Are we gni.ng to permit anyone to drag out a project beyond a normal realm. Inlet Woods should be complete thin year• by virtue of the circumstances it, was funded. Public Works Director Kornelio stated that he has spoken to Bruce Robeson of Mr.Laneo who felt he enuld have the drawingn in by the end of this week, "I don't think they are intentionally trying to draw it out". Mayor Wagoner agreed with Councilman Wise and have "informed the public that that in doing to be nut for bid and under construction and portions of it ohould he finished thin year, I have the saw reservations as Councilman Wise if it isn't. It was fiinded with the understanding that it was goinq to be ready at this time for bid," Councilman Wise stated that, we are paying money out of pocket for the interest with nothing being collected on 3 projects. Mayor Wagoner asked Public Works for a full report at the next Council meeting. Councilman Measles asked to go back to 0-5, "I think we need to do something with that parking at the terminal, and I'm not sure that as for as lonq term parking out there that we shouldn't have some type of a charge or permitting process be it monthly, weekly, whatever, I think that would take care of some of the cars that are left in that long term lot, same appear to be left there for some pretty long periods of time." Councilman Measles referred to the drawing and asked about the permit for the rental cars. Airport Manager Ernst stated, "I inherited the sign and I don't know what that means". Right now there is no permitting. Regards the time limit, we are policing that, since the 30 day sign went up, cars are being hauled away that violate the time limit. Councilman Wise asked if there was room in the south lot to expand, Airport, Manager Ernst answered yes. - Councilman Wise stated that he would like to see tt;a City move to use airport funds to fully expand that r vuth lot with no objection to V using the land scr000 the airport also. Councilman Ackerly expressed _ his wish to keep the 2 loto for commercial use. Mayor Wagoner would like to see the City hire a private individupl and turn the parking .r lot over to him to run, and finds it hard to understand why the City has to set aside 66 spaces for rental cars when "1 doubt that there's `- never been a time in the history of the airport, there has ever been ti; 41 more than 3 or 4 care rented for any specific flight that arrives in Kenai. I think we should look at reducing thri amount of rental car �I slots and let the rental agencies go elsewhere off the airport like they do in every other town and have their lots there and when a car is needed, they can bring them. They would still have 4 to 6 cars there, but 66 cars are excessive. The lease is coming up in July and — I if we are really in a crunch, rather than put up other land up we - i should look at this. I think we have almost as many rental cars as Anchorage and that airport boo rental cars off the airport and bring 'li KENAI CITY COUNCIL March 10. 1905 Rage 20 them as needed." Airport Manager Ernst stated that, there is not an immediate problem but that there is going to be a problem and the interim solution is to set aside lands available for parking, otherwise the alternative is exactly what you are suggesting. Not only have you eliminated a problem but you have eliminated the theft, vandalism, and all the other problems. We did not suggest the south lot because it is land already set aside for parking purposes. Mayor Wagoner mentioned the number of Junker cars left at the airport. That property is too valuable to allow that type of use. Councilman Wise felt that a fee system is worthy. "We have to provide parking and your analogy of the funker core is good and I can't, one why we have not moved ahead on this". ADJOURNMENT The meeting was adjourned at lOs:35 pm af,� al Janet Loper Acting City Clerk AaPROYED IN C0LSM -0-Srs' all- DATI 1ACITY CLERK 1� 1 JJ 1 �I i