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Home My WebLink About1985-08-07 Council MinutesAGENDA KENAI CITY COUNCIL -• REGULAR MEETING AUGUST 7, 1985, 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 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. PER!;ONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) 1. Roger Meeks - Green Strip in Old Town 2. Jan Hansen, Hansen Painting - Airport Runway Painting Project 3. Joe Langston, City Cab - Public Vehicle Commission C. PUBLIC HEARINGS 1. Ord. 964-84 - Increas. Rev/Appns - Aliak, McCollum, Cinderella, fox, Princess, Linwood Ext (M.A.P.) - $650,000 2. Ord. 1063-85 - Amending KMC - Written Notice of Appeal with Expense Fee Deposit 3. Ord. 1069-85 - Amending KMC - Establish Pay Ranges for City Manager, City Attorney, City Clerk 4. Ord. 1070-85 - Increas. Rev/Appns - Senior Citizene, Part Time Positions - $12,166 5. Ord. 1071-85 - Amending KMC - Delete Reference to Merit System for Pay Raises 6. Ord. 1072-85 - Increas. Rev/Appns - Cemetery Survey and Plat - $100000 7. Ord. 1073-85 - Increas. Rev/Appns - Municipal Insurance Increase - $200,000 S. Ord. 1074-85 - Increas. Rev/Appns - Senior Citizens - $96 , 444 9. Ord. 1075-85 - Increas. Rev/Appns - Senior Citizens - $3,357 10. Res. 85-79 - Confirming Assessment Roll - Stellar Dr. 11. Res. 85-80 - Transfer of Funds - Lake, Marine, Granite Pt. - $9,868 a. Change Order #2 - Main St. Loop, Lake, Marine, Granite Pt., FRO - $13,626.40 12. Res. 85-82 - Awarding of M.A.P. Project a. Approval of Award - Inspection, Testing h Surveying - M.A.P. Project 13. Res. 85-81 - Award of Airport Master Plan Update D. MINUTES 1. *Regular Meeting, July 17, 1985 E. CORRESPONDENCE 1. *Sen. Stevens - Cruise Ships 2. *R. Knapp, Commissioner -Alaska DOT - LSR&T Grant 3. *E. Andrews, Commissioner -Alaska Dept. of Administration - Municipal Grant Application 4. *Women's Resource h Crisis Center - Grant Conditions Adjustments F. OLD BUSINESS i t II . P ,i ii u 9t i G. NEW BUSINESS 1. Bills to be Paid, Faille to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1076-85 - Amending KMC - Taxicabs 4. *Ord. 1077-85 - Amending KMC - Landscape Review Board 5. *Ord. 1078-85 - Repealing KMC - Motile Home Placements 6. *Ord. 1079-85 - Increas. Rev/Appns - Replacement of Street Lights 7. Ord. 1080-85 - Increas. Rev/Appns - Road, Fire Hydrant Repairs - $220,000 s. Public Hearing, Ord. 1080-85 8. *Ord. 1081-85 - Amending Zoning Map - Kenai Original Townsite 9. Approval of Lease - Hertz Corp. 10. Lease Application - D. Aase, Baron Park S/D 11. Assignment of Lease - New Pines Corp. to Pace, Aleyesks S/D - 12. Terminal Lease - ERA Helicopters 13. Discussion - Airport Taxiway Guidance Signs 14. Discussion - Richfield Drivo Road Improvements 15. Approval - F. Meyer Lease Application Development Plan 16. Discussion - Kalifornsky Fire Service Area (Borough Ord. 84-43) J H. REPORTS _ 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning < i 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT 7 1 j .. 1 -yo _ 1 I, III : t! k ti e 0 9 - <p KENAI CITY V01INCI1. - REGULAR MEETING, MINUTES AUGUST rol1985, 7sOO PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Ackerly, Sally Bailie, Jess Hall, Ray Measles, Chris Monfor, John Wise, Tom Wagoner Absents None A-1 Agenda Approval a. Mayor Wagoner asked that item G-15 - F. Meyer Lease Application - be moved to 8-4. b. City Manager Brighton asked that Marathon Rd/HEA Relocate - distributed this date - be discussed as item G-17. c. City Manager Brighton asked that Southcentral Lease Amendment - distributed this date - be discussed as item G-18. d. Mayor Wagoner noted substitute Res. 85-81 (item C-13) was distributed this date. e. Clerk Whelan said that item G-11 Assignment of Lease, New Pines to Pace, Aleyeska S/D - be deleted. Agenda was approved as amended. A-2 Consent Agenda Consent Agenda was approved by unanimous consent. S. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Roger Meeks - Green Strip in Old Town Mr. Meeks was unable to attend the meeting. B-2 Jan Hansen, Hansen Painting - Airport Runway Painting Project Jan Hansen, Hansen Painting, Box 632, Sterling. He is asking for an additional $7,125 to cover the remainder of material purchased. There will be no extra labor charge. He made a mistake. He has done work for the City before and has done a good job. The original bid was $13,895. Public Works Director Kornelis reported, the other bids were $22,000+ and $329000+. Atty. Rogers asked if there was a bid bond. Public Works Director Kornelis replied no, it is not required under $50,000. Atty. Rogers said this request could invite protest from the other bidders. Mr. Hansen explained he was on vacation when the bid was awarded. When he got back, Airport Manager Ernst reviewed it with him. He ordered the material and took his chances. He had no choice. The manufacturer had to put in the order, it was the last order. Atty. Rogers said this is a bidder mistake, not the City's. He could perform as submitted, Council can consider awarding to the next bidder, or throw it all out and re -bid. Councilman Measles noted the 2nd bid is still higher than this one with adjustments. Atty. Rogers explained, the City would be in a position to open itself up to accusation of jury-rigged bids. Councilman Ackerly asked if it could be done this year if we went out to re -bid. Mr. Kornelis replied, it depends on how soon we got the paint. There would not be another order this year. Mayor Wagoner suggested the City could buy the paint from Mr. Hansen and bid the labor only. He noted last year FAA said we should get the striping done. Mr. Hansen said he was willing to sell the paint to the City. Mr. Kornelis said we would have to determine if this is sole source. KENAI CITY COUNCIL AUGUST 7, 1985 Page 2 MOTION% Councilman Ackerly moved to re -bid the labor only portion of the airport striping, and direct Administration to purchase the paint from Mr. Hansen. Atty. Rogers asked Mr. Hansen if he was refusing to perform pursuant to bid. Mr. Hansen replied no. Atty. Rogers said there is no problem. Councilman Wise told Mr. Hansen he thought it was the feeling of Council that had he withdrawn, they would accede and would buy the paint. But he has to withdraw from the contract. Councilman Measles asked, what is the difference between this and the other change orders the City gets? Atty. Rogers replied, change orders are not anticipated or are additional requests added. Councilman Measles asked about change orders when engineers mis-calculate the amount of gravel to be moved, etc. Atty. Rogers replied, that is additional work to be done. Those people could be held accountable. Motion failed for lack of a second. — _ Mr. Hansen said he would withdraw his bid, but he did not want to ruin his chances in the City in the future. Atty. Rogers said the fact that he claims he will not perform does not mean he cannot be forced to. On a re -bid, the prices will come in higher. Mayor Wagoner asked Me. Hansen if he was told not to reject the bid. Mr. Hansen replied, he did the striping on the original contract. Since he made the error he asked Airport Manager Ernst if he could re -bid. He put the proposal together and brought it to Engineer LaShot. Mr. LaShot explained to him that they did not want to approach the Council that they would feel they were manipulating. Mr. Hansen said he would do the labor at no charge. Mr. LaShot said the best thing to do was to order the paint and go to the City. MOTION% Councilman Ackerly moved, seconded by Councilman Wise, !: based on rejection by Mr. Hansen, the City 1) purchase the paint and 2) re -bid the striping; the work to be done in 2 1985. f MOTION, ADDITIONS% Councilman Ackerly, with consent of second, added to the motion, on the basis of his selling to get out of the contract, the City rescinds the contract awarded to him. Administration will verify sole source. VOTE (Passed)% Yes% Ackerly, Measles, Monfor, Wise, Wagoner Not Bailie, Hall B-3 Joe Langston, City Cab - Public Vehicle Commission F Atty." Ted Carson, Box 1839, Soldotna, representing Joe Langston. He distributed material. He noted there is more material to come. In the material, there are histories of regulations studisa by approximately 4 sources and the `i history of deregulation or regulation of taxis in Alaska. In Anchorage deregulation was proposed and declined. It was passed, a lawsuit is pending. Fairbanks deregulated in 1983 and regulated again in 1984. 8 cities were studied in the 'i States, 4 have re -regulated after deregulating. With deregulating, riderohip goes down, fares increase, there is '. an inoresse in eompleints, opposition by visitor's bureaun, quality of equipment and drivers goes down, there is KENAI CITY COUNCIL AUGUST 79 1985 Page 3 decrease in pay, increase in driver -related crimes, and there were no fare innovations. They have letters from local and Anchorage tourist -related industries. There is a DOT report questioning deregulating cabs. He has talked to Police Chief Ross, in the 3 years City Cob has been with Commanche Ent. there has been one complaint - that was for using private plates, this was corrected. City Cab is planning to buy 3 new cabs. They were beginning to show a profit. In the material is a list of businesses in Kenai involved with City Cab. They do not see the need for further service and are satisfied with the service. The City has no exposure under anti-trust, they are not liable for damages. He requests 1) repeal Ord. 1054-85 and -_- re-enact the old legislation; and 2) If Council stops this legislation, they can review the material. He suggested a work shop. i MOTION, Reconsiderations Councilman Wise moved, seconded by Councilman Measles, for reconsideration of Ord. 105•.-65. -i Motion passed by unanimous consent. MOTION, Amendments Councilman Wise moved, seconded by Councilman Measles, to extend the effective date of Ord. 1054-85 from Aug. 15, 1985 to Oct. 2, 1985. Motion passed unanimously by roll call vote. MOTION: Councilman Measles moved, seconded by Councilman Wise, to adopt the ordinance. ' There was no public comment. Motion passed unanimously by roll call vote. i B-4 Approval - F. Meyer Lease Application Development Plan Jerry Baysinger, Architect, Portland, Oregon. He introduced Jim Heitert, Stora Design Manager, Portland, Oregon. Mr. -w' Baysinger reviewed the proposal. They are proposing a 128,000 sq. ft. to 150,000 sq. ft. building. It will be full service, with 37 departments. Construction will begin as soon so possible, subject to weather. They would like to clear some of the vegetation this Fall, they could start construction in the Spring. They could open by Thanksgiving - 1986. 130 to 170 people employed, all local. Their investment is $7 Million to $8 Million. It is not designed yet, but they promise quality similar to others done in recent years. The site is divided into 4 parcels. There would be tenant parcelss the lot is fast food, the 2nd is retail and a theater. They would have 2 entries. They do not know if further entries would be needed for the parcels. There will not be congestion on the highway. The parking lot will be a 90' layout for snow removal. There will be 700 parking spaces, this would accommodate a 150,000 sq. ft. area. The grading will be slightly above the existing ' grade. They will attempt to preserve as many trees as possible. They will have 12.7% landscaping and encourage that with the other parcels. The utilities nre adequate, the storm drains are to a catch basin and out to a stream. The difference between the 2 plans as proposed are how it would develop into the City system. 1) a bridge over the green belt or 2) a street out the west end to Main St. q Loop to the straot liyht. They would like the option of M h t ' I KENAI CITY COUNCIL AUGUST 7, 1985 Page 4 doing one or the other as they develop. They are aware that if improvements are for just one property, the property owner must pay for improvements. Councilwoman Bailie asked if this would affect the fitness trail. Answer - no. Councilman Ackerly asked, by approving the preliminary site plan, we are not locking into an easement on Granite Pt. and Beaver Loop? Answer - yes. Mayor Wagoner noted P&Z met at 6s00 PM this date and approved the concept. MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the concept of the Fred Meyer lease. Motion passed by unanimous consent. C. PUBLIC HEARINGS C-1 Ord. 964-05-Incress. Rev/Appns - Aliak, McCollum, Cinderella, Fox, Princess, Linwood Ext. (M.A.P.) - $650,000 MOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. NOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance with substitute as submitted in the packet. VOTE, Amendments Motion passed unanimously by roll call vote. PUBLIC COMMENT: 1. Rick Baldwin, Box 4210, Kenai. He thanked the Council for bringing it this for. At request of Council, Finance Director Brown explained the money was appropriated a year ago for roads, this is additional. VOTE, Main Motion au Amended: Motion passed unanimously by roll call vote. C-2 Ord. 1063-85 - Amending KMC - Written Notice of Appeal with Expense Fee Deposit MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Atty. Rogers stated this creates different procedures for various types of appeals. He has reservations regarding passing and questions the need. Councilman Wise noted the requirement that all appeals must be within 30 days is an addition. Atty. Rogers requested deferring action till the Sept. 4 meeting. H P i - f f KENAI CITY COUNCIL AUGUST 7, 1985 Page 5 MOTION, Tabb:c: Councilman Ackerly moved, seconded by Councilman Wise, to table action on the ordinance till the Sept. 49 1985 meeting. Motion passed unanimously by roil call vote. C-3 Ord. 1069-65 - Amending KMC - Establish Pay Ranges for City Manager, City Attorney, City Clerk MOTION: Councilman Ackerly moved, seconded by Councilman Wise, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Ord. 1070-85 - Increas. Rev/Appno. - Senior Citizens, Part Time Positions - $12,166 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Senior Citizen Coordinator Porter explained, these are Title 5 workers, 55 yrs. or older and untrained. There is no match required. Motion passed unanimously by roll call vote. C-5 Ord. 1071-85 - Amending KMC - Delete Reference to Merit System for Pay Raise: MOTION: Councilwoman Bailie moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilman Hall, to amend the ordinance, 23.30.040 (a), line 4, change the word shall to should. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-6 Ord. 1072-85 - Increas. Rev/Appns, Cemetery Survey and Plat- $10,000 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Y � n r� a n �m KLNAI CITY COUNCIL AUGUST 7, 1985 Page 6 i Motion passed unanimously by roll call vote. C-7 Ord. 1073-85 - Incress. Rev/Appns - Municipal Insurance Increase - $200,000 NOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. In response to a question, Finance Director Brown reported there was $120,000 budgeted. There is one coverage they do not have yet, but should have by the end of the week, back -dated to July 1. It does not leave the City in great liability. He will be looking at s solution to the problem, possibly self insurance or an umbrella with a large deductible. Notion passed unanimously by roll call vote. C-8 Ord. 1074-85 - Incress. Rev/Appns - Senior Citizens - $96,444 NOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. I� 1 C-9 Ord. 1075-85 - Incress. Rev/Appns - Senior Citizens - $3, 357 NOTIONS Councilman Measles moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-10 Res. 85-79 - Confirming Assessment Roll - Stellar Dr. MOTIONS j Councilman Hall moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. i Notion passed by unanimous consent. i C-11 Res. 85-80 - Trans. of Funds - Lake, Marine, Granite Pt. $9,868 s. Change Order 02 - Main St. Loop, Lake, Marine, Granite Pt., FBO - $13,628.4n MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. -,------�-- . F- �- - - --.— —� ,,, KENAI CITY COUNCIL AUGUST 7, 1985 Page 7 C-11as MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the change order. Public Works Director Kornelis explained, the work has been done. It is to service lots on Main St. Loop. If they had not done it, they would have had to cut pavement later. He discussed this with City Manager Brig;:ton. They proceeded under a forced account basis, this is in the contract. The patching work on Willow and Marine has been deleted. HEA cut them and they were to have the contractor do it. Motion passed by unanimous consent. C-12 Res. 85-82 - Awarding of M.A.P. Project a. Approval of Award - Inspection, Testing & Surveying - M.A.P. Project MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the resolution. PUBLIC COMMENTS a. Rick Baldwin, Box 4210, Kenai. He has a problem with the assessment rolls. 1) Added alternate 01 is in the project, it does not go by anyone's house. It is not appropriate for assessment. 2) The 4th WHEREAS, everybody agreed it would be better to do all. The concerns of a single owner should be addressed. b. Ed Call, 1202 Lilac, Kenai. What priority was this on the capital improvements Vat? Mayor Wagoner replied it wee the prior year, it had been partially funded. j Mr. Call noted his street has more tourists than all others put together. Many ask about the condition of the road and the fence. Public Works Director Kornelis noted, the 4th WHEREAS. There is one individual on the line but it will require a lift station, it will cost $65,000. The City will review end may request deletion. It would be cheaper to put in a septic system for the individual. Motion passed by unanimous consent. C-12as MOTIONS Councilman Ackerly moved, seconded b) Councilwoman Bailie, to approve McLane & Assoc., Inc. construction, inspection, surveying, & testing proposal on the M.A.P. project for the Basic Bid plus Additive Alternates No. 1 to 4 for a total not -to -exceed cost of $183,350. Motion passed by unanimous consent. C-13 Res. 85-51 - Award of Airport Master Plan Update MOTION: Councilman Ackerly moved, seconded by Councilman Hall, to adopt the resolution. KENAI CITY COUNCIL AUGUST 7, 1985 Page 8 There was no public comment. MOTION, Amendments Councilman Ackerly moved, seconded by Councilman Wise, to amend the resolution with substitute as submitted this date. VOTE, Amendments Motion passed by unanimous consent. Councilman Wise asked, how much of the $70,000 is covered by FAA? Airport Manager Ernst replied, FAA has said they will pick up 90%. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. D. MINUTES D-1 Regular Meeting, July 179 1985 Approved by Consent Agenda. E. CORRESPONDENCE E-1 Son. Stevens - Cruise Ships E-2 R. Knapp, Commissioner -Alaska DOT - LSR&T Grant E-3 E. Andrews, Commissioner -Alaska Dept. of Administration - Municipal Grant Application E-4 Women's Resource & Crisis Center - Grant Conditions Adjustments Approved by Consent Agenda F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the requisitions as submitted. Motion passed by unanimous consent. G-3 Ord. 1076-85 - Amending KMC - Ta4lcabs G-4 Ord. 1077-85 - Amending KMC - Landscape Review Board G-5 Ord. 1078-85 - Repealing KMC - Mobile Nome Placements G-6 Ord. 1079-85 - Increas. Rev/Appne - Replacement of Street Lighta Apparoved by Consent Agenda. 'J 4 es� KENAI CITY COUNCIL. AUGUST 70 1985 Page 9 G-7 Ord. 1080-85 - Increas. Rev/Appns - Road, Fire Hydrant Repairs - $220,000 a. Public Hearing, Ord. 1080-85 MOTIONS Councilman Wise moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Wise said this is not what he requested. The i people on Barabara Dr. have spoken to him about their street not being up -graded. The Coyles had said it needs up -grading. The Cones have said gravel is needed. The City told him Council did not appropriate money to gravel. He spoke to Finance Director Brown and was told $25,000 was appropriated for repair and maintenance. He asked for I $100#000 for gravel road repair. He called Mr. Brown later for hydrant repair. This ordinance does not talk about gravel. MOTION, Amendments Councilman Wise moved, seconded by Councilman Measles, to amend the ordinance to add after the 2nd WHEREAS, "WHEREAS, numerous roads need additional gravel, and..." Finance Director Brown explained, he spoke to Public 'Works Director Kornelis who said $200,000 rather than $100,000. ° If there is to be gravel, it should be under repair and maintenance. Councilman Wise said he asked for gravel for Sarabars and Candlelight to be put in the ordinance. Mayor Wagoner said the capital improvements list does not list .:� Wildwood Dr., it will have to be redone in a few years. Councilwoman Bailie asked if the hydrant could be separated from the gravel portion of the ordinance. Public Works Director Kornelis explained, it will have to be moved. It is about 5 ft. from the building, it will undermine the building if it needs repair. Councilman Wise noted the hydrant has been inactive for 2 years. VOTE, Amendment (Passed): Yess Hall, Measles, Monfor, Wise, Wagoner Nos Ackerly, Bailie MOT ION, Amendment t Councilman Ackerly moved, seconded by Councilman Hall, to change the amount to $100,000; $20,000 for repair to the - fire hydrant, the balance to gravel purchase; and delete the asphalt. VOTE, Amendment (Passed): 1yy Yest Ackerly, Bailie, Hall, Monfor, Wise, Wagoner Not Measles Councilman Wise requested waiting till the Aug. 21 meeting for the 2nd reading. VOTE, Main Motion as Amendedt Motion passed unanimously by roll call vote. G-8 Ord. 1081-85 - Amending Zoning Map - Kenai Original Townsite Approved by Consent Agenda. i i •" KENAI CITY COUNCIL AUGUST 79 1985 Page 10 G-9 Approval of Lease - Hertz Corp. Atty. Rogers explained the City normally requires individual signatureo, but Council can approve this waiver. MOTIONS Councilman Vice moved, seconded by Councilman Measles, to approve a waiver of policy (for this request). VOTE (Passed): Yess Bailie, Hall, Measles, Monfor, Wise, Wagoner Not Ackerly G-10 Lease Application - 0. Aase, Baron Pk. S/0 MOTIONS Councilman Ackerly moved, seconded by Councilman Hall, to approve the application. Don Aesop Kenai. He to ready to otart when the papers are ready. If Fred Meyer goes in, he may have to switch plans regarding the theatre. The schedule is 1987 for the retail and recreation section, depending on Fred Meyer. He has 2 people in the retail section that are "solid." If he can get 2 more he is ready. Phase 1 is the motel and bar, phase 2 is the theatre, phase 3 to the retail and recreation. Councilman Hall asked if these things would be incorporated into the lease. The amount of land ve the amount of development, is this the highest and best use? Mayor Wagoner replied, the lease requirements become part of the sale. Atty. Rogers noted phase 2 may be changed, if it is approved as submitted, there would have to be amendments. But he would have to complete phase 1. Motion passed unanimously by roll call vote. G-12 Terminal Lease - ERA Helicopters MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfor, to accept or extend to ERA Airlines, addtional space for rental. PUBLIC COMMENTS a. Dave Baumeister, President -ERA, Anchorage. They are requosting additional ticket caunter apace. They have been told they cannot lease until they sign a certain form of lease agreement. They feel this document contains provisions that are not fair. AAI and Southeentral agree with them. It asks them to pay for wrongful acts of the airport's employees and the City's employees. ERA is ready, willing and able to take reponoibility for their own mistakes. They are reluctant to pay for the mistakes of others. Their insurance carriers are reluctant to enter into this kind of arrangement. This is not a hypothetical problem. They ore involved with a raps case and an airport grader accident in Anchorage where they are asked to assume responsibility. This lease puts an unfair risk on the leanee. They are negotiating with Anchorage airport that each party assume responsibility. Every airline in Anchorage agrees. Who pays the insurances premium is not the ease. Whatever claims the insurance carrier pays on their behalf, their premiums increase. They would lose KENAI CITY COUNCIL AUGUST 7, 1985 Page 11 VOTES control over their loss history. It is better business practice to share responsibility. It would promote safer operations as it provides economic incentive. This approach has gained widespread acceptance. Why should ERA as lessee be more at risk than a casual user? Atty. Rogers said he had received the proposal from ERA and the City's insurance company has reviewed it. The City has a 25% increase in premiums, Soldotna is about 70% increase. He would attempt to minimize the risk to the City. If there is active negligence by a city, cities have been precluded from absolving themselves. The City would pay for their own negligence. He will report at the next meeting after the insurance company has reported to him. The City will continue to operate under the tenancy at will. Mr. Baumeister said he would hope there would be some possibility that additional space will be part of the leasehold. Council has a large hemmer, ERA has no other place to go. Atty. Rogers noted there had been an accident at the airport. The settlement costs did not go to the City. Under this proposal, the City would have been burdened with 1/2 the costs. Councilman Ackerly asked, if the City lets them use other space, will they have 2 different leases? Atty. Rogers recommended separate leases with termination the same as the other lease. Mayor Wagoner asked ERA, if at one time there was a need for additional commuter service and they were sole owner (of additional counters), would they relinquish it so the City could sub -lease to another carrier? Mr. Baumeister replied, their problem is they have 50 pesse►iger planes now, they need 4 ticket counters. He would be amenable but would not want to if there was space available. Motion passed unanimously by roll call vote. G-13 Discussion - Airport Taxiway Guidance Signs Airport Manager Ernst reviewed the problem. DOT has said they are grant eligible. No action was taken on this item. G-14 Discussion - Richfield Drive Road Improvements MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to accept the offer to do Richfield Drive. Finance Director Brown noted the money is not available. The money will come from General Fund or capital improvement funds (if the community center is not approved). Mayor Wagoner noted this iu a small part of the project, there are 5 residents on this road. Public Works Director Kornelis noted it is a mud road at break-up. Motion passed unanimously by roll call vote. G-16 Discussion - Kalifornsky Fire Service Area (Borough Ord. 84-43) Mayor Wagoner asked if changes in Title 29 would change the formation of service areas. Atty. Rogers replied he did not know of any. Councilman Ackerly said the 4th WHEREAS. That was not true (nn attempted annexation has failed). This was a State error, the City made an attempt. Atty. i i KENAI CITY COUNCIL AUGUST 7, 1985 Page 12 Rogers noted he had responded to the State and had received an apology. In the 4th WHEREAS, the vote was not hold. The State washed its hands of it, it is being picked up by the Borough. It will be on the Oct. 1 ballot. Councilman Ackerly suggested sending a letter to the Borough objecting to this item. He added, the City is not pursuing annexation. Atty. Rogers said the City has been neutral except that they should vote. City Manager Brighton said, the 3rd WHEREAS, he did not know how they made the determination (that the residents do not want incorporation). The City intends to pursue this with the intent to give the residents self-determination if they went to be in the City. Mayor Wagoner said it is up to those people to carry the petition. The City does not want to be in the position of saying they want them to annex. Atty. Rogers noted some of the objectionable material may be required to be stated before a service area can be formed. No action was taken on this item. G-17 Marathon Rd/HEA Relocate Public Works Director Kornelis said he is asking for authority for City Manager 8righton to sign a letter of agreement for $25,000 cap to relocate Marathon power lines. HEA gave 709 credit because they are improving the system. MOTION: Councilman Wise moved, seconded by Councilman Ackerly, for approval of the letter from HEA. Motion passed by unanimous consent. Public Works Director Kornelis said, the 2nd item is street lights. HEA is looking into standard lights for all the Peninsula. The City will repair existing lights that are obsolete. They will work on a per light cost rather than meter. There is a problem that they have to go through APUC, it will be one year. Councilwoman Bailie asked if there was any way the City could get placement of the poles this year. Mr. Kornelis replied it did not look like it, they want standardized poles. The small poles will be replaced with luminaries in subdivisions. VIP would have larger ones. They go to APUC once a year for rate changes and would present this at that time. Mayor Wagoner asked if they had a rate for yard lights that is non -metered. Mr. Kornelis explained, a yard light is on private property. Mayor Wagoner suggested they could use the yard light rate for one year to allow the City to get the poles in. Mr. Kornelis noted the City could go on their own and contract, but it would require a meter. Mayor Wagoner osid it would be $875 per motor. HEA is looking at doing away with existing meters. He suggested the school buses stop at lighted stops. Mr. Kornelis said he got a list from B. Carver (school bus system) of 40 lights, he deleted 5 but added 12 for an annual cost of $40,000. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to repair the lights in Woodland S/D, Redoubt S/D and Inlet View; approach HEA and ask if there is an intermediate arrangement that could be worked out excluding motor charges. Motion passed unanimously by roll call vote. Mayor Wagoner suggested yard lights by homes that are near the bus stops. I KENAI CITY COUNCIL AUGUST 7, 1985 Page 13 Council agreed to the suggestion. G-18 Discussion - Southcentral Air Lease Amendment City Manager Brighton said P&Z reviewed this at 6sO0 PM this date and recommended approval. Tse lease restricts them to tie -downs. They want permission to build a hanger on the lot. Mr. Brighton informed them they would pay a higher rate on their lease. MOTION: Councilman Wise moved, i;oconded by Councilman Ackorly, to approve the loose amendment. Motion passed by unanimous consent. ADDED ITEM: Community Center Funding from Legislature Mayor Wagoner said he would like a work session to discuss this and have Atty. Rogers find out opinions regarding this. Rep. Navarre, Box E, Kenai. He felt this was not the real problem, it can be worked out. He has talked with Dept, of Administration and the Governor's office. There has been a lack of communication and failure to act on communications. He spoke with the Atty. General's office, they will send copies of their opinions. It is a Superior Court, not Supreme Court opinion, that will make a difference. When the Legislature appropriates money, everyone involved in the process attempted to get $3.5 Million for the community center. The Governor's office asked for priority lists. There was not enough money for any city to have their p1 priority. With $2.4 Million appropriated, the Legislature was not sure if the city wanted it for a community center. They wanted to allow that discretion for the City. All involved were aware of the list. The Governor's office said when they vetoed $100,000 from projects, it was symbolic, they were vetoing the "projects" portion. They cannot do this. The Commissioner of Administration said this was based on back-up regarding capital projects. They either lost the back-up or did not get all of it. They had one sheet of paper to work with, it said $2.4 Million for roads and projects only. He is basing his opinion on common sense, this does not always apply. He should have a "semi -firm" answer by Aug. 21. Mayor Wagoner said when he talked to the Atty. General and the Governor, he was told the Governor could reduce line items but cannot strike out wording. They do not deal with back-up, but with a list. The Governor said "projects" was too vague. Mayor Wagoner said he did not think the State would let the City use the money for that project. He talked to the Governor's assistant to see if there was an appeal process, the only one is a lawsuit. The City could not win on that. Councilman Ackerly noted if Mayor Wagoner is ;eight, the priorities are set. The City will have to fight again next year. The City should encourage their legislators to vote against Susitno. Rep. Navarre said there has been no opinion from the Attorney General's office. KENAI CITY COUNCIL AUGUST 7, 1985 Page 14 H. REPORTS H-1 City Manager 8. City Manager Brighton said the State Resource Development Committee will have sessions Aug. 9 at the Kenai Borough building. He invited the Council to attend. H-2 Attorney None H-3 Mayo: None H-4 City Clerk Clerk Whelan spoke. a. Res. 85-72 commending the Vets Center for the memorial. Mr. Richards has requested the name Brad Bradney be changed to Steve Richards. Council took no action. b. Council will sit as a Board of Adjustment at 7s00 PM, August 21, 1985 to hear appeal by Dowling Rice 6 Assoc. on P&Z decision regarding townhouse construction. c. Sen. Murkowski will be in Kenai Aug. 23, Council_ is invited to attend a meeting with him. d. APOC will be having hearings on amendments Aug. 22 in Anchorage. Council is invited to submit opinions. Clerk Whelan may attend the hearings. s. Petitions are available till Aug. 15 at the Clerk's office for Council seats for the Oct. 1 election. f. If there is anyone that wishes to submit a Charter amendment to the voters at the Oct. 1 election, the resolution must be submitted at the Aug. 21 meeting. g. Mason's Manual of Legislative Procedure MOTIONS Councilman Ackerly moved to adopt Mason's Manual for this Council. Motion failed for lack of a second. H-5 Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission Mayl3r Wagoner said there would be a meeting Aug. 15. H-6 Recreation Commission a. Councilman Ackerly reported DEC has given permission to clear the Section 36 land for a softball field. They would like to proceed with seeding, levoling, etc. they have $16,000 for this. b. Public Works Director Kornelis noted the cemetery report (info #34). 91 KENAI CITY COUNCIL AUGUST 79 1985 Page 15 a. (contd) City Manager Brighton asked for Council approval for the Section 36 land. Council agreed to the request. H-9 Library Commission None H-6 Recreation Commission (Sect. 36 Softball Field) (cortd)s Public Works Director Kornelis asked if Council wished him to haul soil, etc. Councilman Ackerly said he was to make the determination. Mayor Wagoner noted there would not be a fence, it would be just a practice field. Councilman Ackerly added there would be little or no top soil needed. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Ed Call, 1202 Lilac, Kenai. Regarding the Civic Center and road money. Mayor Wagoner has said Council voted /1 priority on the Center. The public opinion poll said it was the bottom of the list. Council turned it around, that is not right. Mayor Wagoner explained Council set their priorities before the poll was taken. Mr. Call noted the public thinks it was the other way. b. Ed Call, 1202 Lilac, Kenai. The Supreme Court decision regarding 4nchorage and closed sessions. The Supreme " Court said you cannot have closed sessions. The City --=- of Kenai did on the trailer ordinance. Mayor Wagoner stated there were no closed sessions. Mr. Call said it was not announced at the next meeting, it was passed at the same meeting. Mayor Wagoner requested Clerk Whelan furnish the minutes of the meetings to Mr. Call regarding the trailer ordiraoice. He added it was :.; 4 discussed at introduction and 2 weeks later at public hearing. Mr. Call said P&Z recommended one way and it was voted on at one meeting of Council. He did not think the trailer ord. was tight. It may hurt more people than Council thinks. Counciiman Wise said P&Z ;- - pasood a resolution with a recommendation to Council. +. The ordinance was introduced that did not ban trailers. + The 2nd hearing was to not have trailers anyplace in the City. Tne 2nd reading makes it final. It was amended on the 2nd reading, but not announced. -- c. Public Works Director Kornelis reported they are doing work on a leaking main on Bumblebee. They had to do repair with a large back hoe and paid for it with a forced account. It will be at the Aug. 21 meeting. It was not part of the contract. d. City Manager Brighton asked if Council was still strong about the Community Center. Rep. Navarre would like to be assured that this is the feeling of Council. Council agreed that the emphasis has not changed. <<! e. Councilwoman Bailie said she would not be here for the Aug. 21 meeting. { f. David McKechnie, 925 Ames, Kenai. Regarding the L- Community Center. He felt it was the wrong decision. k He did not support it now and never has supported it. He lives on a road that does not exist. His access is limited because there is a 30 ft. garage in the road. He had no objection to the people building the garage, :_-- but he wondered when he will have a road. Now the Council says the City does not need more roads, that Ir. the roads are fine. Mayor Wagoner explained, the City is not in the businsss of building roads just because they are platted. Mr. McKschnio said the City has approved the engineering of S. Ames Rd. Public Works KENAI CITY COUNCIL AUGUST 7, 1985 Page 16 Director Kornelis said it is #6 on the priority list. The people at the end of Ames St. petitioned and said they would give right of way. There is a plat but no road. This is common, the City has many that are waiting to be built. Mr. McKechnie said the City has maintained the road for 25 years. The City has approved the fact that he no longer lies a road. The City roads are not in that great condition. The business people may feel they need the Center to sell beds, let them build the Center. The City should use the money to build roads. Councilwoman Monfor said she wished people would come to public hearings. Mr. McKechnie said he was not aware of the hearings. Councilwoman Monfor noted there wore 12 hearings. Mr. McKechnie explained he is not always here. Councilwoman Monfor suggested he could send a letter to Council. Mr. McKechnie noted the poll listed it last and Council did it anyway. AGJOURMMENTs Meeting adjourned at 11 s20 PM. Janet Whelan City Clerk �pVEn 0Y COUWCIL _. �....-- art �,�ccsit I I i N KENAI CITY COUNCIL AUGUST 7, 1985 REGULAR MEETING PARTIAL TRANSLATION I C-12 Res. 85-82 - Awarding of M.A.P. Project s. Approval of Award - Inspection, Testing & Surveying •- M.A.P. Project MOTION s Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the resolution. PUBLIC COMMENT s s. Rick Baldwin, Box 4210, Kenai. He has a problem with the assessment rolls. 1) Added alternate #1 is in the project, it does not go by anyone's house. It is not appropriate for assessment. 2) The 4th WHEREAS, everybody agreed it would be better to do all. The concerns of a singla owner should be addressed. b. Ed Call, 1202 Lilac, Kenai. What priority was this on the capital improvements list? Mayor Wagoner replied it was the prior year, it had been partially funded. Mr. Call noted his street has more tourists than all others put together. Many ask about the condition of the road and the fence. Public Works Director Kornelis noted, the 4th WHEREAS. There is one individual or. the line but it will require a lift station, it will cost .;45,000. The City will review and may request deletion. It would be cheaper to put in a septic system for the individual. Notion passed by unanimous consent. C-12as MOTION s Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve McLane A Assoc., Inc. construction, inspection, surveying, & tooting proposal on the M.A.P. project for the Basic Bid plus Additive Alternates No. 1 to 4 for a total not -to -exceed cost of $183,350. k.�Ua-m Janet Whelan City Clerk �iw w wew►e�./w ac 1 1 1 1I