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HomeMy WebLinkAbout1985-06-05 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 5, 1985 - 7s00 PM 600 PM - Work Session 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 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. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) 1. Kevin Taoler, Union Oil - Drilling Permit Extention, Wells 01 & #3 2. Representative, Far North Oil & Gas - Oil & Gas Permitting Fees C. PUBLIC HEARINGS 1. Ord. 1023-85 - Increasing Rev/Appns - S. Highbush, Bumblebee, E. Aliak, Swires, Highbush - $232,000 a. Substitute Ord. 1023-85 2. Ord. 1037-85 - Amending Kenai Municipal Code - Landscaping Regulations a. Substitute Ord. 1P37-85 3. Ord. 1038-85 - Amending Kenai Municipal Code - Shift Differential Pay a. Substitute Ord. 1038-85 4. Ord. 1039-85 - Amending Kenai Municipal Code - Supplemental Retirement Program 5. Ord. 1043-85 - Replacing Tables in Personnel Regulations - Salary Structure & Hourly Rates 6. Ord. 1046-85 - Amending Kenai Municipal Code - Change Pay Range, Communtcations Supervisor 7. Ord. 1047-85 - Amending Kenai Municipal Code - Uniform Allowance, Fire Dept. S. Ord. 1048-85 - Adopting Budget, 1985-86 9. Ord. 1049-85 - Transfer Appropriations, Revenue and Account Balance in Aliak/McCollum Project to Special Assessment Fund 10. Ord. 1050-85 - Increasing Rev/Appns - Senior Citizen State Grant - $69 11. Res. 85-51 - Award Contract, Sprucewood Glen S/D LID B.C. Excavating 12. Res. 85-52 - Establishing Terminal Lease Rates & Fee Schedule 13. Res. 85-53 - Supporting Americanization of Alaska's Fishery 14. Res. 85-54 - Transfer of Funds - Parks Dept. Employees - $4,000 15. Res. 85-55 - Fixing Rate of Property Tax for FY 85-86 16. Res. 85-56 - Establishing Signatures for Deposit or Withdrawal of Municipal Funds 17. Res. 85-57 - Rejecting all bids - Golf Cot!rse Lease & Concession Agreement 18. Res. 85-58 - Awarding Project - Highbush,AII.sk,Swires- Doyle Construction 19. Res. 85-59 - Exchange of Property - Dragspuh, City of Kenai (Selamatof) D. MINUTES G H I Wit.:----- 1. *Regular Meeting, May 14, 1985 E. CORRESPONDENCE 1. Channel 17 TV - Promotion of Roe Center 2. *Governor's Advisory Council on Libraries - Appreciation 3. *Alaska Dept. of Corrections, Roger Endell - Funding Additional Staff at Wildwood 4. *Sen. OeVries - HS 226 - School Board Members, SO 244 - Municipal Assistance, HS 72 - Title 29, SB 306 - Taxicabs 5. *Central Peninsula Mental Health Center - Thanks for Donation F. OLD BUSINESS 1. Doyle's Fuel Service - Extension of Lease, Gusty S/0 G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $19000 3. *Ord. 1052-85 - Sign Code a. Substitute Ord. 1052-85 4. *Ord. 1053-85 - Finding City -Owned Lands not Needed for Public Purpose - Near Beaver Loop 5. *Ord. 1054-85 - Taxicabs 6. *Ord. 1056-85 - Amending Kenai Municipal Code - Airport Transient Parking 7. *Ord. 1057-85 - Finding City -Owned Lands not Needed for Public Purpose - Kenai Original Townsite 8. Discussion - Chamber of Commerce Resolution - Local Bidders Preference 9.. Discussion - City Hall Flag Pole 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 KENAI CITY COUNCIL, REGULAR MEETING, MINUTES JUNE 5, 1985, 7sO0 PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIA`dCE A. ROLL CALL Presents Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Jess Hall Absents Tom Ackerly, Sally Sailis (both excused) A-1 Agenda Approval a. 6layor Wagoner asked that item C-1, Res. 1023-85, be moved to C-18a. b. Mayor Wagoner asked that Res. 85-60 - Awarding Contract, Inlet Woods S/D LID - Doyle Const., be added as item C-20. Agenda approved as amended. A-2 Consent Agenda MOTIONs Councilman Wise moved, seconded by Councilman Hall, to approve the Consent Agenda as submitted. Councilwoman Monfor asked that items G-4, G-3, G-3a be removed from the Consent Agenda. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Kevin Tablet, Union Oil - Drilling Permit Extension, Wells #2 do 03 Larry Vavra, Union Oil, spoke. Their requests have been send to the working partners. It is their intent to put 01 & g3 on line by Jan. 1, 1986. The working partners ores Cook Inlet Region, Pacific Lighting, Marathon and others. They are asking t•o extend the request to keep the wells closed in. One of the working requested owners has been in contact with another one that they can sell fuel. It is Union's contention to enlarge the participating area. Atty. Rogers explained, Rea. 85-44 regarding this item was voted down at the May 5 meeting, but has not passed out of the hands of Council as yet. MOTION, Reconsideration of Res. 85-44s Councilman Wise moved, seconded by Councilman Measles, for reconsideration of Res. 85-44. VOTE, Reconsideration (Passed): Yess Messles, Monfor, Wise, Hall Not Wagoner Mayor Wagoner asked, what kind of reassurance does Council have it will be on line by Jan. 1, 1986? Mr. Vavra replied, he cannot give assurance. They want to enlarge the unit area and establish participating areas. Participating areas must be established 90 days before production. There could be a difference of opinion between the working partners. This has happened in the past and the State hoe decided for them. He thought if the working interact owners could riot agree by June 15, the State could exercise their authority, state this is a participating area and Union can commence production. Y 1 KENAI CITY COUNCIL ?JNE 5, 1985 Page 3 MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Monfor, to amend the motion to adopt the substitute ordinance submitted in the packet. VOTE, Amendments Motion passed unanimously by roll call vote. There was no public comment. MOTION, Amendment: Councilwoman Monfor moved, seconded by Councilman Measles, to amend the notion in section 14.25.050s, line 2, change the word "seven" to "five." VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended (Passed)s Yess Messiest Monfor, Wise, Wagoner Nos Hall C-3 Ord. 1038-85 - Amending KMC - Shift Differential Pay a. Substitute Ord. 1038-65 MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Monfor, to amend the motion to adopt the substitute ordinance submitted in the packet. VOTE, Amendments Motion passed by unanimous consent. There was no public comment. VOTE, Main Motion ea Amendeds Motion passed unanimously by roll call vote. C-4 Ord. 1039-85 - Amending KMC - Supplemental Retirement Program MOTIONS Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Mayor Wagoner noted last year Council set this at 2% of $37,500 and he though that was parity. VOTE (Failed): Yes: Monfor, Hall Nos Measles, Wise, Wagoner y 1 rr 0 i _'— 1 1, KENAI CITY COUNCIL JUNE 5, 1985 Page 2 MOTION Amendments Councilman Wise moved that the extension be for six months, to Dec. 31, 1985. Motion failed for lack of a second. PUBLIC COMMENTS Be Dr. Jay Lietzke, Far North Oil do Gas. There was a recent meeting in Anchorage regarding re -opening of the wells. It was their understanding they would be on line by Sept. 1. Working interests have till Jui+n f to respond to the formation of a participating area. He would questions the extension to Jan. 1, 1986. Councilman Wise asked if he is personally involved. Dr. Lietzke replied, through a participating area. b. John Williams, Kenai. He requested the matter be held up at the last meeting. There is a market available for this gas. The company they represent is one of the driving forces to bring this to light. They can use this gas. He urged Council to bring the wells on line as soon as possible. The rates will increase substantially soon. With an abundance of gas they may be able to forestall the increase. VOTE (Passed)s Yost Measles, Monfor, Wise, Hall Not Wagoner 8-2 Representative, Far North Oil do Gas - Oil & Gas Permitting Fees a. John Williams, Kenai. It was brought to their attention that there needed to be $25,000 bond posted with the City. He discussed this with Atty. Rogers. Atty. Rogers drafted an explanation regarding workings of the bond ordinance. After review, he recognized inadequacies. He asked that it be waived because of the large State bond. They are not drilling a new well, but working an old one and would not have a chance for damages. It is their feeling this ordinance needs re -work. An independent market is attempting to bring gas to market and is being prohibited by this ordinance. It is their suggestion to sit down with Atty. Rogers and Council to do re -work to bring this ordinance to a modern level. There are major changes in EPA requirements that should be considered. b. Dr. Jay Lietzke, Far North Oil & Gas. In working with the ordinance there are some sections that are unworkable or impractical. DEC is asking for input regarding their changes. The City could also look at changes. Far North Engineering would be willing to work with the City. For North is applying for permit to drill and will conform with the ordinance. Mayor Wagoner asked if they were requesting cash instead of bond. Dr. Lietzke replied, in order to expedite they will conform and then ask for changes. C. PUBLIC HEARINGS C-2 Ord. 1037-85 - Amending KMC - Landscaping Regulations s. Subst. Ord. 1037-65 MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. OWN F _ • • _� KENAI CITY COUNCIL JUNE 5, 1985 Page 4 C-5 Ord. 1043-85 - Replacing Tables in Personnel Rego - Salary Structure 6 Hourly Rates MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Mayor Wagoner asked, what is the percent of increase of the hourly rates. Finance Director Brown replied, 4-1/2 %. VOTE (Poseed)s Yeot Measles, Monfor, Wise, Hall Nos Wagoner C-6 Ord. 1046-85 - Amending KMC - Change Pay Range, Communication Supervisor MOTIONS Councilwoman Monfor moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. Motion paused unanimously by roll call vote. C-7 Ord. 1047-85 - Amending KMC - Uniform Allowance, Fire Dept. • NOTIONs Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the ordinance. There wee no public commcit. VOTE (Passed)s Yess Measles, Monfor, Wise, Hall Not Wagoner C-8 Ord. 1048-85 - Adopting Budget, 1985-86 MOTION: Councilmen Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. There wee no public comment. MOTION, Amendment: Councilman Measles moved, seconded by Councilwoman Monfor, to amend the motion to reflect the increases per Finance Director Brown's memo, i.e., 1) Reduce Legal Dept. salaries and benefits by $9,381 to reflect failure of Ord. 1041-85 at introduction. 2) Increase Communications Dept. salaries and benefits by $1,831 to reflect adoption of Ord. 1046-85. VOTE, Amendment: Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. KENAI CITY COUNCIL JUNE 5, 1985 Page 5 C-9 Ord. 1049-85 - Transfer Appropriations, Revenue h Account Balance in Aliak/McCollum Project to Special Assessment Fund MOTIONS Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-10 Ord. 1050-85 - Ipsreasing Rev/Appns - Senior Citizen State Grant - $69 MOTIONS Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. G-11 Res. 85-51 - Award Contract, Sprucewood Glen S/D LID - B.C. Excavating MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. VICE MAYOR MEASLES ASSUMED THE CHAIR. MOTION: Mayor Wagoner moved, seconded by Councilwoman Monfor, to amend the motion: Heading, lines 2 h 3, change the words "B.C. EXCAVATING" to "Zubeck, Inc."; line 3, change the amount to $168,073.00; NOW THEREFORE paragraph, line 3, change the words "B.C. EXCAVATING" to "Zubeck, Inc."; same line, change the amount to $168,073.00. Mayor Wagoner explained, he did not know B.C. Excavating. The City has had good service from Zubeck. Finance Director Brown noted, this is an assessment district, and is being paid by the people of the district. Public Works Director Kornelis noted in the contract document there is no local preference, only that it should go to the lowest responsible bidder. Mayor Wagoner replied, he did not say anything regarding local preference. Councilwoman Monfor noted it is only a difference of $541, it would not make that much difference to the people that are paying. VOTE, Amendment (Pacsed)s Yess Measles, Monfor, Wagoner, Hall Nos Wise PUBLIC COMMENT: a. Julie Lowry, 10819 Spur Hwy, Suite 1259 Kenai. They own the land there. Her main concern is that this be expedited. Would this make any difference, they have waited a year for this. 'r KENAI CITY COUNCIL JUNE 5, 1985 Page 6 b. Gordon Bartel, 460 E. 20th, Anchorage, 99504. He could not talk his boss into bidding regarding Inlet Woods because they cannot afford to come down here. He did not understand what the City's position is. VOTE, Main Motion as Amended (Passed)s Yes: Measles, Monfor, Wagoner, Hall Nos Wise MAYOR WAGONER RESUMED THE CHAIR. C-12 Res. 85-52 - Establishing Terminal Lease Rates & Fee Schedule MOTION: Councilman Measles moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Monfor, to amend the motion, lease space amount be changed from $1.35 to $1.65. Atty, Rogers requested that Info 023 - memo from Atty, Rogers to Council regarding Memo of 5-10-85 from C.R. Baldwin to SouthCentral Air, Inc, - included in the packet, be on record at this time. VOTE, Amendment (Pessed)s Yes: Measles, Monfor, Wagoner, Hall Not Wise MOTION, Reconsiderations Councilwoman Monfor moved, seconded by Councilman Measles, for reconsideration of the amendment. VOTE, Reconsiderations Motion passed unanimously by roll call vote. Councilwoman Monfor explained, she would like the losses to go for 3 years. Atty. Rogers replied, it is only necessary to direct Administration. VOTE, Main Motion as Amended (Passed): Yes: Measles, Monfor, Wagoner, Hall Nos Wise Council agreed to 3 year lease rates for all terminal leases. C-13 Res. 85-53 - Supporting Americanization of Alaska's Fishery MOTION: Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. m� KENAI CITY COUNCIL JUNE 5, 1985 Page 7 C-14 Res. 85-54 - Transfer of Funds - Parks Dept. Employees - i4,000 MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilwoman Monfor noted she flew over the cemetery recently and there is much vandalism. Could we use park employees to clean up this summer? City Manager Brighton replied, it is their responsibility. This amount is only through June 30, he felt it was enough. Motion passed by unanimous consent. C-15 Rea. 85-55 - Fixing Rate of Property Tax for FY 85-86 MOT ION s Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilman Wise asked, since the Borough is attempting to differentiate between real and personal property, is this adequate? Atty. Rogers replied yes, it would only be a concern with 2 different rates. Motion passed by unanimous consent. C-16 Res. 85-56 - Establishing Signatures for Deposit or Withdrawal of Municipal Funds MOTION. s Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Mayor Wagoner asked why the City does not use a check protector, there is a lot of time involved. Finance Director Brown explained, he views it as a valuable review process. He did not think the City was that big yet. Councilman Measlen asked why, in section 1 it states "any two persons" and in section 2 it says only in combination. Finance Director Brown explained, the bank would allow any two, the auditors would require these combinations. Motion passed by unanimous consent. C-17 Res. 85-57 - Rejecting all Bids - Golf Course Lease 6 Concession Agreement MOTIONs Councilwoman Monfor moved, seconded by Councilman Measlea, to adopt the resolution. PUBLIC COMMENTS a. Dick Morgan, Box 1101, Kenai. He reviewed the conditionss 1) This was an error that was worked into the lease. The original was based nn an 18 hole course. He bid what he said he would Sid. 2) Item 08 says bidder offers that the City will have unrestricted I y � 1 F i KENAI CITY COUNCIL JUNE 5, 1985 Page 6 review of the books. After this is done, he has to pay the auditor. This is not restricted to the golf course books only. He would not open all his books to review. 3) It requires schedules, plans and building plans to be prepared by engineers in the State. He has no problem with building plans, but he never heard of engineers working up a schedule. His was sketched up with Arnold Palmer personnel. He could not get a better lay -out than that. He will use that plan. = 4) The reason for the June 7 date was he wanted to start June 1. If he does not get 2 grass cuttings this year, he will not play golf next year. If he cannot =-- play next year it will throw off his tax and other plans. The last time he contacted the City, they changed it because there was an error in pre -bid - conference after the bid award. There was a date ` problem. If it gets stretched out, he will not get grass this year. 5) He always said it would be that price. It is a cheap price for Kenai. It is standard practice. He won't do it for $5 on creek ends. 6) The water & sewer extension was not to be done by the - - successful bidder, all refer to work done by the City. This was withdrawn on the final copy. He contacted DEC, it will cost him $15,000. There is use way he can ' do it without a subcontractor. He is looking at $400,000 and gambling that this will be beneficial to the City and beneficial to him. He did not think anyone else was interested or they would have contacted i the City. Public works Director Kornelis noted the amount on 46 should be $178,000 and the word "coordinated" should be "conditioned." Councilman Wise asked, how much of the $1789000 is extension of water & , sewer in Lawton? Mr. Kornelis replied, it is all in Lawton, the club house is adjacent to Lawton. Mr. Morgan noted it is all on City land. He will do from the right-of-way to the club house, VICE MAYOR MEASLES ASSUMED THE CHAIR. MOTION, Amendments Mgr?' Mayor Wagoner moved, seconded by Councilman Wise, to have Council pass the resolution with an amendment to direct Administration to enter into contract with the precentor as to his terms as modified by his response to the request -for -proposal. Mayor Wagoner explained, when this was discussed, there waa discussion of $5 and $6 fee. They understood there would be water and sewer. The 9 hole vs 18 hole problem has -'' validity. Councilman Wise said none of the items are of such importance they would cause Council to say the bid is not responsive. Mr. Morgan asked Council to consider, there is a bid bond and performance bond, $10,000 cash or $100,000 5o bond. He could use that on the course. If there was a problem with his financing, they could get it from his other i businesses. Atty. Rogers explained, Mr. Morgan was not present at the discussion, but was represented by Counsel. He and others were solicited for input. That provision was negotiated. He suggested if Council proceeds with this, they should make the entire contract contingent on appropriating of funds. MOTION, Addition: Mayor Wagoner moved to add to the motion, "conditional upon appropriating of additional funds." Addition failed, as second would not concur. KENAI CITY COUNCIL JUNE 5, 1995 Page 9 Councilman Wise explained, it places a condition on his ability to proceed. If this is added, it will be another i month. It would be 1987 before anyone could play. It is tantamount to Administration to prepare an ordinance. Mayor j Wagoner explained the reason they went through this cumbersome process is they did not want any liability. Administration is not at fault. j VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. MAYOR WAGONER RESUMED THE CHAIR. C-18 Res. 85-58 - Awarding Project - Highbush, A1!sk, Swires - Doyle Const. MOTIONS Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Public Works Director Kornelis distributed material relating to the project. He noted a copy of the enclosed memo dated 6-5-85 to City Manager Brighton was given to Mr. Doyle. The j paragraph of the resolution, (the 3rd WHEREAS) can be struck out. Engineer t1m. Nelson has gone through the construction plans and reviewed the problems. Administration has reviewed with Mr. Doyle and hea no problems with 02 through 07 in the agreement. The City is j adequately covered in the project document. Administration has no problem with awarding. Councilman Wise asked if there was an agreement. Mr. Kornelis replied, there is no agreement, but in talking with Atty. Rogers, it is felt an agreement was not necessary because it was adequately covered by the project document. , MOTION, Amendments Councilman Wise moved, seconded by Councilman Measlea, to delete the 3rd WHEREAS in the resolution. VOTE, Amendments Motion passed by unanimous consent. PUBLIC COMMENTS of Marco Zurock, Rt. 1, Box 1225, Kenai. He is employed by Mr. Doyle. In their attempt to have an item clarified they failed two times and it is still not clarified - the soils report. In pre -bid they specifically said the soil log was incorrect due to a job they had done in the past in the area. They needed this clarified to know how it would be completed. It was discuosed at pry► -bid and they expected a response. The addendum did not have a response, just that it had been chocked. They felt borings would have to be checked. April 17, 1985 they wrote a letter requesting, do they include de-welering as part of the bid. They asked that an addendum be issued to advise all potential bidders. They felt the borings were wrong. They bid with the information in the specs. Mr. Kornelis feels the contract document is specific i i J y i KENAI CITY COUNCIL JUNE 59 1985 Page 10 enough to compensate for the problems, but they did not f think it is clear. They were asked this date to sign a waiver if they encountered any problem. They could not do that. They asked for additional information so they could give a fair bid. They are hopeful the water problem will not be there. This should have had more attention paid to it. It could amount to some cost. E Councilman Wise had thanked Mr. Doyle for bringing this out. They still do not know if they will have problems, In the past there have been water problems in the area. Mayor Wagoner noted he did not know of any ( project in the area that did not have a problem. Mr. �.- Kornelis explained, what he asked Mr. Doyle to sign was the agreement passed out this date. It is not a waiver. There are 7 minor items in the contract. There is no problem with 6 of the 7. Administration wanted to deal with this with the contractor to divert f claims before awarding. 01 says he has lot hand C knowledge. A copy of the letter from Mr. Doyle is attached (to the agreement). Administration felt they did not have time for an addendum. They have to have 10 days. There is water shown on the soil logs. i Administration feels the contract document is adequate. The contract rpfers to site examination. Councilman Wise asked if the City has ever had de -watering in the bids. Mr. Kornelis replied, at times. ^s I b. Pat Doyle, Rt. 1, Box 1225, Kenai. It shows water on '-y- the plans but below the pipes. It will be above the pipes. They can only bid what the plans show. tie tried to get Mr. Kornelis to change it. They cannot bid what they suspect or they would never get a job. =� If there is water there, the City has asked them to sign their right to any claim. Mr. Kornelis replied, t;W that is not true. Mr. Doyle said the plans are wrong. s otogfl Mr. Kornelis said the are not part ^� o e document. It is up to the bidder to go out and look at it. Councilman Hall asked if the document �. shows the water table, Mr. Doyle replied yes. f' Councilman Hall asked, any depth? Mr. Doyle replied, below where they are working. Councilman Hall asked if it gave depths. Mr. Doyle replied, it shows on the plans. Councilman Hall noted he has had experience there. The water table is quite high. It appears there is a non -agreement of rinds. Mayor Wagoner reviewed, Council could throw out and re -bid with a =� clarifying statement or award to Mr. Doyle knowing he may come back for a claim on de -watering. Atty. Rogers added, without saying the City would acquiesce to the claim. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-1 Ord. 1023-85 - Increasing Rev/Appns - S. Highbush, Bumblebee, E. Aliak, Swires, Highbush - $232,000 s. Subst. Ord. 1023-85 1` MOTION: ` Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. MOTION, Amendments f Councilman Wise moved, seconded by Councilman Measles, to amend the motion with the substitute ord. in the packet. { s " ry i s 4j'..�s�-+ J. .,,:'::. _ ._ s�tl�r./4'.✓ _ _ ':ram .: ti �rAgw KENAI CITY COUNCIL JUNE 51 1985 Page 11 VOTE, Amendments Motion passed by unanimous consent. There wag no public comment. VOTE, Main Motion as Amendeds Notion passed unanimously by roll call vote. C-19 Res. 85-59 - Exchange of Property - Dragoeth, City of Kenai (Salematof) MOTIONS Councilman Measles moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. Land Manager Labohn reviewed. The purpose is to eonrol'_dete the Salamstof land holdings Issued from the City. Mr. Dragrsath would like a more advantageous position on the river. Any approval needs to be conditioned on Federal approval. The appraisal shows a disparity of value, Mr. Dragseth's is lose. Council has a tree hand, it does not have to be equal value. Mayor Wagoner noted there are dollar advantages to Solamatof. MOTION, Amendments Councilman Wise moved, seconded by Councilman Meoules, to amend the motion to add at the end of the NOW THEREFORE. paragraph, "subject to approval of the Secretary of the Interior." VOTE, Amendments Notion passed by unanimous consent. VI►TE, Main Motion as Amendeds Notion passed by unanimous consent. C-20 Res. 85-60 - Awarding Contract, Inlet Woods S/D LID - Doyle Const. - $19743,750.56 MOTIONS Councilman Measles moved, seconded by Councilwoman Monfort to adopt the resolution. There woo no public comment. Motion passed by unanimouu conoont, H-2 City Attorney Report Atty. Rogers mode hie report at thio time so he hmd to catch a plane. of Legal Aust. Callahan will be leaving the City June 14 to work for the District Attorney. Atty. Rogers will be going eutaide to interview for another �x,p,��� i� q» 1 u ti ti i y� •� 4. b. The negotiations with Enetar. They want money for relocating, $55,000 and anouranre they will be paid. He told them he could not, it in being litigetod, The City would pay if we loot, Enator would pay if wo wori. .J � -f� � , ,rr. i -_ m KENAI CITY COUNCIL JUNE 59 1985 Page 12 ��- c They asked for the agreement plus interest on IS per °- month if they win. They are entitled to 10-1/2 : fee, whoaver loses will go to the Supre;ue Court. It is his intention to get with them and inform them what we propose. If we do not get an agreement we will immediately go to court. He will not escrow, just promise to pay. Regarding the terminal losses. Item Info c, airport space o�t�o n o Ae, 023 .-* iP d. It will he necessary for the legal assistant salary to be used for another attorney during the transition. 4(i �s r„«♦�''9' e. Regarding the taxi ordinance. He asks for - i t d ti Th re is resentl endin Federal n ro uone , p y p g litigation against Anchorage regulating taxis as a result of abolishment of ATC without granting the cities ability to act. If permits must be granted, let the economic factoro work. Legislation that would allow cities to control did not pass in the State. This would preclude litigation for Kenai. f. The PUC file -was sealed when filed. The opposing attorney was out of town when it was received, when unsealed, he will distribute to Council. ATTORNEY ROGERS LEFT AT THIS TIME. D, MINUTES D-1 Regular Meeting, May 14, 1985 Approved by Consent Agenda. E, CORRESPONDENCE E-1 Channel 17 TV - Promotion of Rec Center Council agreed to refer this to the Roe Commission. E-2 Governor's Advisory Council on Libraries - Appreciation E-3 AK Dept. of Corrections, Roger Endell - Funding Addition Staff at Wildwood E-4 Son. Deilries - HS 226 - School Board Members, 58 244 - Municipal Assistance, HS 72 - Title 29, SS 306 - Taxicabs E-5 Central Peninsula Mental Health Center - Thanks for Donation Approved by Consent Agenda F. OLD BUSINESS F-1 Doyle's Fuel Service - Extension of Lesse, Gusty S/D MOTIONS Councilman Wise meyed; seconded by Councilwoman Monfor, that the 2 losses by Doyle be extended to June 30, 1992, MOTION, Additions Councilman Wise moved, with approval of second, to change the datt to June 30, 1993. Motion passed by unanimous consent. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Measles moved, necan ded by Councilman Wise, to approve the billo as submitted. G r -3, r� i KENAI CITY COUNCIL JUNE 59 1985 Page 13 Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,O0O MOTIONS Councilman Measles moved, seconded by Councilman Wise, to approve the requisitions as submitted. Motion passed by unanimous consent. G-3 Ord. 1052-85 - Sign Code a. Subst. Ord. 1052-85 MOTION$ Councilman Wise moved, seconded by Councilman Hall, to introduce the ordinance as suggested by the Legal Dept. (the substitute ordinance) Motion passed by unanimous consent. G-4 Ord. 1053-85 - Finding City -Owned Lands not Needed for Public Purpose - Near Beaver Creek Councilman Wise asked if this was to be used for extraction of gravel, Mayor Wagoner replied yes. Councilman Wise reviewed the patent. He noted, the grantor reserves all oil, gas, coal, minerals, fossils that may be in or on the land. These lands cannot be used for a gravel pit by the City or a private party. Minerals are gravel. Mayor Wagoner explained, he cannot accept this as a legal decision. The City won a suit with the Natives regarding sand. He is not sure the patent refers to gravel. Councilman Wiae said there have been lawsuits regarding Native villages. The villages must pay the Native Corp. for gravel. This has been upheld by the State Supreme Court. He would prefer not to go to expense by the Doyles, disruption of P&Z or antagonism of neighbors if it is fruitless. He would ask it be tabled or deferred till the minerals question is resolved. MOTIONS Councilman Wise moved, seconded by Councilman Measles, to introduce the -•ordinance. Motion failed unanimously by roll call vote. Mayor Wagoner asked that P&Z and Administration look into this and send a report to Council. G-5 Ord. 1054-85 - Taxicabs G-6 Ord. 1056-65 - Amending KMC - Airport Transient Parking G-7 Ord. 1057-05 - Finding City -Owned Lands not Needed for Public Purpose - Kenai Original Townsite Approved by Consent Agenda. G-8 Discussion - Chamber of Commerce Resolution - Local Bidders Preference Mayor Wagoner said the State is in suit at this time, we should know coon. He suggested waiting till this is settled. Council agreed to the suggestion. t KENAI CITY COUNCIL JUNE 5, 1985 Page 14 G-9 Discussion - City Flag City Manager Brighton reported Council Asked the High School „ 11 for a design, which Council accepted. He will check on it. H. REPORTS H-1 City Manager i r City Manager Brighton spoke. _ ` a. Regarding Dena'ine Pt. 5/0. Administration sent a letter to Mr. Brown May 2, stating he had 45 days from r, bid opening for closing. Mr. Brown has asked for 15 days delay from June 9 to close. There is a provision for delay, but he felt Council should review. MOTIONS Councilwoman Monfor moved, sec.-inded by Councilman Measles, to give Dave Brown an additional 15 days he is asking for, -o (to June 24, 1985 at 5tGO PM) Councilman Wise noted some people were unaware of the subdivision ordinance and its requirements. There is a gap between what they will come in with and what Council expected because it was not in the specs. Mayor Wagoner felt the bids should not have been accepted in the firot place. It was conditioned on his being able to come up with financing. Councilman Wise said Council did not accept It. Mayor Wagoner said it was a conditional bid. City ' Manager Brighton explained, there woo some discussion in Administration. Finance Director Brown and Mr. Brighton felt it was non -responsive, but Atty. Rogers ©aid it woo responsive. VOTES --- Motion passed unanimously by roll call vote. Mayor Wagoner asked that a letter be sent to Mr. Brown ° explaining that by ordinance, this is the only extension Council will give. --s�' b. On April 2, a letter was sent to Dave Hutchings explaining he had 30 days to submit a detailed site -- plan. On May 13 he sent a letter stating he did not have the information for an adequate site plan. It has been 6-7 months and he has made no leaoo paymento. He =— has said he would sign the lease, but he cannot without r a site plan. Councilman Wise noted we authorized a lease without a site plan for Fred Meyer. We have not replatted the lot for a new road. Land Manager Lobahn reported it would be at the next meeting. Councilman Wise said we should not ask for a site plan without a legal plat, we should not have sent the letter April 2. Councilman Hall said the City has not pursued this speedily, but he has not submitted a site plan in 6 months. He must know where the road io. A site plan could be submitted, approved and he could ask for an —'—' amended site plan. City Manager Brighton suggested he meet with Mr. Hutchings before the June 19 meeting s4 to resolve the problems and take action at the June 19 meeting. Council agreed to the ouggention. k w , i� ?r y-, aX R KENAI CITY COUNCIL JUNE 59 1985 Page 15 c. Councilman Wise asked for a appropriating ordinance for re -aligning of Marathon Rd. Council agreed to the request d. Regarding the bowling alley. Oct. 1, 1985 will be completion of the building, Dec. 31, 1985 will be completion of the facade. at Regarding the Fisherman's Packing improvements, expansion of the existing plant to the north. The lease agreement says prior to Jan. 1, 1986. It was deleted from the lease agreement. Atty. Rogers will resolve this. f. FAA has approved Pitts' motel adjacent to Willow. Councilman Wise asked about Lofstedt. Mr. Brighton replied, it has been approved, but Lofstedta are dragging their feet. Councilman Wise suggested giving them 30 days. Land Manager Labahn reported a letter was written that they had 30 days to submit a detailed site plan to the City and FAA. g. In 1982 a resolution was passed by Council objecting to expansion or renewal of Borough landfill permits. The Borough engineer has said they will request a permit for the site and extension of 5 years. Land Manager Labahn has sent a copy of the resolution to the Borough. The permit expires in Dec. 1986. H-3 Mayor None H-4 City Clerk Clerk Whelan spoke. a. The letter from APOC (item H-4) regarding changes in the Conflict of Interest law. Testimony will be taken till June 21. There will be a training session here or in Anchorage some time this summer. b. She will be taking one week's vacation June 10 to 14. c. Council is requested to speak into their mikes so the audience can hear. d. Lil Hakkinen has sent a card of thanks for the party and the roses. H-5 Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission None H-9 Library Commission Librarian DeForest reported this date was the pre -construction conference. In 30 days they will have some action. A- r �4. >3„ KENAI CITY COUNCIL JUNE S, 1985 - o Page 16 H-3 Mayor's Report (contd) Mayor Wagoner reported he will be going to Anchorage June 6 to attend the ceremony for retirement of the "Alaska Standard." 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 9, Airport Manager Ernst. The urinal screens in the airport are on their way, -,� b. Councilmen Wise. He asked Police Chief Ross why there is a 4-way stop at Mommeen and Florida. Chief Ross explained, the residents requested it to alleviate speeding. There is also one at Rogers & Lawton. c. Councilwoman Monfor. She asked when the extra summer person will be on duty. Chief Rose replied, June 10. d. Councilwoman Monfor. Regarding cemetery vandalism. Could the gates be locked at night, or have the police make more frequent trips. Chief Ross replied the biggest deterrent would be to light the cemetery, but it would be expensive. e. Mayor Wagoner asked if the incclividual building the post office has left. (They are also doing the police station addition) Architect Gintoli replied, they are behind, but they are working. Finance Director Brown added, the City has paid the general. Public Works Director Kornelis noted we have no liability. Mr. Gintoli added, there is a lien on the police dept. Mayor Wagoner asked that Administration report to Council regarding the status, who is owed and what is owed to the general contractor. f. Dave Brown, Kenai. Regarding Dena'ina Pt, S/D extension, He thanked Council for the extension. Mayor Wagoner noted a letter will be sent explaining the action and that according to ordinance, this is it. s After this, the City will cancel. Mr. Brown replied he .. �. will conclude before then. r ADJOURNMENT: Meeting adjourned at 1000 PM. Janet Whelan City ClerkD A'f C y Uncm r rDAtECirl CURK 1� 1