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HomeMy WebLinkAbout1985-08-21 Council Minutes8. C. D. E. F. AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 21, 1985, 7:DO PM PLEDGE OF ALLEGIANCE ROLL CALL 1. Board of Adjustment - Dowling, Rice h Assoc. - Appeal of P&Z Denial - Townhouse Units, Central Hts. S/D 2. Agenda Approval 3. 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 those 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) 1. Roger Meeks - a. Green Strip in Old Town b. Civic League Plaque Location 2. Ron Kasp:isin, Architect - s. Landacape Study b. Old Town Study 3, John Cook - Discharge of Firearms Within City Limits PUBLIC HEARINGS 1, Ord. 1076-85 - Amending Kenai Municipal Code - Taxicabs 2. Ord. 1077-85 - Amending Kenai Municipal Code - Landscape Review Board 3. Ord. 1078-85 - Repeal Kenai Municipal Code 4.35 - Trailer Placement 4. Ord. 1079-85 - Increasing Rev/Appne - Street Lights - $30,000 5. Ord. 1080-85 - Increasing Rev/Appns - Road 6 Fire Hydrant Repairs - $1009000 6. Ord. 1081-85 - Amending Zoning Map - Kenai Original Townsite 7. Res. 85-78 - Adopting City Atlas - Street Naming 8. Res. 8 5-83 - Establish Fee Schedule, Poster Space - Airport 9. Res. 85-84 - Awarding Re -Bid - Runway do Taxiway Repainting 10, Res. 85-85 - Awarding Bid - Street Light Replacements MINUTES 1. "Regular Meeting, August 7, 1985 CORRESPONDENCE 1. "City of Seward Resolution - Development of Winter Sports Site, Chugach National Forest 2. Vet Center - Viet Nam Vets Memorial 3. "Kenai Chamber of Commerce - Sen. Murkowski Lunch - August 23, 1985 OLD BUSINESS e R Ira G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Lxceeding $1,000 3. Ord. 1082-85 - Increae. Rev/Appns - Standard Dr., Thompson P1. - Add Richfield Dr. - $849160 s. Public Hearing, Ord. 1082-85 b. Change Order 01 - Central Alaska Const. - Standard Or. - Add Richfield Ur. - $679960 c. Richfield Or. Addition - Standard Dr., Thompson P1. - Wince, Corthell, Bryson - $16,200 4. Ord. 1083-05 - Incress. Rev/Appns - Women's Resource Center Grant - $5D,000 a. Public Hearing, Ord. 1083-85 b. Billing - Women's Resource 6 Crisis Center ;40,153.01 5. *Ord. 1084-85 - Increaz. P•ev/Appns - Walker Ext. - $3,081.36; Transfer - $1,928.46 6. •Ord. 1085-85 - Incress. Rev/Appns - Senior Citizen Project, State Grant - $1,135 7. Change Order for Leaking Main, Bumblebee - Addition to H.A.S. Project 8. Approval - Lease Modification - Swenor's, Vet Center - Gusty S/D 9. Approval - Lease, Completion Date Extension - Kiana Development - CIIAP 10. Approval - Lease, Alaska Rent-A-Car - Airport Terminal 11. Approval - Assignment of Lease - Navarre do Worthem to Northam - Aleyesks S/D 12. Approval - Vacation of Section Line - Valhalla S/D H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT 7� t KENAI CITY COUNCIL, REGULAR MEETING, MINUTES AUGUST 21, 1985, 7:00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Presents Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly Absents Sally Bailie (excused), Jess Hall (arrived late) A-1 Board of Adjustment - Dowling, Rice & Assoc. - Appeal of P&Z Denial - Townhouse Units, Central Hts. S/D PUBLIC COMMENTS a. Roy Whitford, Box 1974, Soldotna. Mr. Whitford was sworn in by Clerk Whelan. Mr. Whitford explained the duplex was built in 1984, on Portlock off Walker. They conformed to City ordinance, 33 ft. wide. The ordinance now says 24 ft. wide. Historically the City has approved down to 33 ft. wide. One street down from these homes, there was approval of a 34 ft. width in June 1984. He questioned P&Z denying when it conforms to existing ordinance. It was denied because the City Is looking at 45 ft. minimum for townhouses. It should be in the ordinance if that is what they want. b. Clint Hall, Box 2829, Kenai. Mr. Hall was sworn in by Clerk Whelan. He is the owner of the townhouse site. When they built the project, plans were submitted. They planned to build on zero lot lines. He thought P&Z wanted larger lots split down the center. This complies with all requirements. He would like to finance at zero lot line rather than duplex if he can. Mayor Wagoner said he was at F&Z when this was discussed. The main objection was they thought they should be bigger lots. He suggested they prepare procedures to require larger lots. The ordinance says 33 ft. Councilman Wise says the minimum size if 25 ft., subject to review at the time of establishing zero lot lines. NOTION$ Councilman Ackerly moved, seconded by Councilwoman Monfor, that a conditional use permit be granted to Dowling, Rice & Assoc. regarding construction of two town house units. Motion passed unanimously by roll call vote. A-2 Agenda Approval s. Mayor Wagoner asked that item 8-4 be added -Dave Brown, Waste in the City Dump b. Mayor Wagoner said Administration will submit an amended amount for item C-4, Ord. 1079-85. COUNCILMAN HALL ARRIVED AT THIS TIME, 7s15 PM. c. Mayor Wagoner asked that items C-5 (Ord. 1080-85) and C-7 (Rea. 85-78) be deleted from the agenda. d. Mayor Wagoner noted item C-9 (Res. 85-84) and C-10 (Ras. 85-85) have amended resolutions distributed this date. e. Mayor Wagoner asked that item G-7 (Change Order for Leaking Main -Bumblebee) be deleted. Public Works Director Kornelis explained, the bids for stem C-5 will be in later. Councilman Wise asked if they had gravel for the roads. Public Works Director Kornelis replied, yes, they have not been done because they were to ti i KENAI CITY COUNCIL AUGUST 21, 1965 Page 2 be up -graded, but Council has r3quested they be done now. Councii approved the agenda as amended. A-3 Consent Agenda MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B, PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Roger Meeks - a. Green Strip in Old Town b. Civic League Plaque Location a. Roger Meeks, Box 424, Kenai. He spoke to Architect Kasprisin this date, and he agreed with Mr. Meeks. The 1st plan was to put a street through there. It would remove all the green strip. He noted the City looks good now, every tree we save is good. b. Mr. Meeks said the plaque is here. It was ordered through a local business. The old Civic League worked it out with the City, part Civic League funds and part City funds. There aro 3 places people have wanted it placed. The Civic League was formed to secure title to the property across from the old community center. They would like it put on that piece of property, on the old school grounds. He suggested it be placed as near the west end of the play ground as possible so it won't have to be moved. He thanked the Council for working with the old Civic League. Mayor Wagoner suggested the street dept. get a boulder to place it on. Mr. Meeks noted the people have asked that it be high enough so they do not have to bend down to read it. Council agreed to the suggestions. B-2 Ron Kasprisin, Architect - a. Landscape Study b. Old Town Study s. Ron Kasprisin, Architect. There have not been any substantial changes from the lot Old Town proposal. Mr. Meeks' request regarding the green strip has been addressed. The idea is to have a lot more discussion regarding this. Regarding the road pattern, it would be a town square or a park. It is proposed that the City, over the next few years, spend time on re -aligning streets. The town square near the playground is an excellent idea. It will encourage private economic development there. The buildings are small and scattered. The State has long term financing, but there must be an established historical district and the State has 1st lien on the property. We do not have an historical district in Old Town site area because of scattered structures. If we move the historical buildings to one site it may work, but it may not be allowed if they are relocated. He will notify Council when he finds out. This is an exciting project, private development oriented. He hopes people begin to develop. One matter not discussed at the meetings was brought up by Father Targonsky. They show relocating Overland Ave. as a new entrance. A cul de sac crosses the link between the Church and the Russian cemetery. There may be a conflict. There is a way to 0 a ,; 2 C :),� KENAI CITY COUNCIL RUCUST 21, 1985 Page 3 resolve this and still maintain a road. He will send a proposal to Council. The people with houses to the west will gain more frontage that way, also. A motif for the area should be discussed. A cost estimate will be sent with the final documents for the east entry park by the Senior Citizens Center. If it was let out to bid it would be $4,000 to $5,000. b. They are not recommending much street furniture in the landscape plan. They would like to use the edges of berms instead. The airport park would not be a high use people area. It would be a monument -type park. It would have high visibility from the airport. It could be done with volunteer labor. Ryans Dr. park will gave parking for 6 RV's and 6-8 cars. They did not want a high use area. There would be a 15 ft. berm for a view. Each er.heme has a shelter. It can be done in increments or all at once. A 3 ft. to 4 ft. berm will cut down on noise. There are options offered. It is geared to visitors, but with local use. Mr. Kaeprisin said he has enjoyed the time he has worked with the City. Mayor Wagoner complimented him on both documents. He added he would like to start on the landscape projects right away. B-3 John Cook - Discharge of Firearms Within City Limits John Cook, Box 3522, Kenai, Angler Dr. off Beaver Loop. This is his lot appearance at Council. He has lived in Kenai 9 years. He complimented Council an their vision regarding development, �aep up the good work. He is proud to be a resident of Kenai. He uses firearms and hunts. Living on Beaver Loop, he has noted many incidents regarding discharge of firearms. He has had incidents that were very threatening. He would like to ask the City to take further steps to educate other than announcements in the paper. The City sign shop could be used to make signs. Hunters claim they do not see houses. If we had signs available to the subdivisions and houses, he would be willing to put them up. Last year the lot 3 nights, (of hunting season) about 18 cars came down the street with windows down, cars moving and rifles out the windows. There are houses down there. One lady shot and missed 4 times right into a trailer park. There was also an incident at the airport. There have been times where there was no citation or fine. That encourages these situations. There are people that will not know when they are in the City limits, but it to unfair to those who obey the rules. There is also a question of safety. ?f signs were available, people would put them up. Councilman Wise suggested the City put signs up senoonally at the 3 entrances to the City. The City could provide signs to concerned citizens to post. Mayor Wagoner noted there are some areas that are open for shotguns, some for rifles. Council agreed to prepare and post signs saying "Discharge of Firearms prohibited within the City." Atty. Rogers noted the section of the Code is lengthy. This was to accommodate certain types of hunting. It may be necessary to review the resolutions. He did not want to have people put up signs on publi.- property. He suggested adding to the signs, "Except as Authorized" and cite the ordinance numbers. CGJncil agreed to Atty. Rogers' suggestion. KENAI CITY COUNCIL AUGUST 21, 1985 Page 4 6-4 Dave Brown - Waste in City Dump Dave Brown, Box 1034, Soldotna, Longmere Lake. There are 2 concepts about him 1) that he is a trouble maker and bad-mouths people. He took the action at the Union Oil hearings on the advice of his attorney, he does not have that attorney any more. 2) that he will make money doing this. He will not. (Mr. Brown distributed pictures of the waste in question and a bottle of oil from the area). Borough Mayor Thompson said Mr. Brown was upset because he did not take this waste. He could not take it by State law. It contains 50% to 100% oil. The Borough is not telling the truth about what came out of the hole. There was 1,000-2,000 gallons of oil in the hole shown in the picture distributed. He saw his competitor's truck in Nikiski about 9sOO PM one night. He went down to Arness Dock about 900 PM. A berm had been removed, the hole had been cleaned up and it was landscaped. A vacuum truck was there. He asked the driver what he was doing. The driver said he was cleaning it up and did not know where it was going, it was a Borough job. He saw the driver's boas on the road and asked him where he would put it so he could put his (waste) there also. The boss replied he did not know, it was a Borough job. The boss told him DEC had given Mr. Bombard a permit to oil the roads. Mr. Brown noted he cannot get a permit to oil roads. He asked his son to follow the vacuum truck. After an hour he went to the hole and filled the jar with oil that was distributed this date. His son told him he followed the truck to the Kenai land fill. He told his son it closes at 600 PM. His son replied the man had a key and went in. It was just the vacuum truck. He was there about 15 minutes. Mr. Brown called his lawyer and asked if he could go into the land fill. The lawyer told him to get a newspaper reporter to go with him. He contacted Ron Chappell (Anch. News). Mr. Chappel met him in ten minutes. They went into the land fill. The road was oiled and graded. There was no grader there, it belonged to the operator of the truck. There were twenty 12 yd. to 14 yd. dump truck loads dumped, it was oily. Mr. Brown said, contrary to what Mayor Thompson had said, he cannot take that oily material and he would not haul it to the Kenai land fill, that is not legal. DEC knew they had no permit to oil the road. The truck is a 90 barrel, they said 40 barrel trucks were allowed. DEC issued a permit to oil the road in the land fill that was illegal. The Borough hired a man to do the work at night and when Mr. Lucky (DEC) was on vacation. He would have dumped gas on the pond and on the material and burned it lot. The oil would be gone and the cars, etc. would have the oil off of them. Then it could be put in the land fill. It is a crime to take the material from a remote site and put it in down town Kenai near a residential area. When you rob a bank, no one gets hurt. When you dump in a city, you are jeopardizing the health of the city. It is not that far from the water table. This hes tied repercussions on him. He received a call from an oil company asking for his vacuum truck to meet a ship and suck the bilge water. He told the company he would dump it in Sterling. The company representative said it was mostly water. The driver was there at 800 AM this date. The driver does not see the bilge. About 1000 AM he received a call from his driver, he said the competition was at the Sterling site. There was a Trooper holding the driver. The driver said the competition was there to take pictures when he started to unload. There was a lot of oil in the bilge. At that time 2 DEC people, Skip Bombard (KPB) with a lady, and Polly Crawford (Clarion) came up. He did not know who contacted these people. He suggested DEC go to the middle of the waste to see if it is more than 4%, but he did not. He said this is the lot time he has been asked to pump for them in KENAI CITY COUNCIL AUGUST 21, 1985 Page 5 4 years. The competition hea been doing it, but it has not been dumped in Sterling and that is the only legal dump. Two other companies he knows of are not dumping in Sterling. Mayor Wagoner said he would speak to Mayor Thompson the next day (Aug. 22). Councilman Wise suggested something be sent to Commissioner Ross. He added, records should he investigated regarding ships being dumped illegally. MOTIONS Councilman Wise moved, seconded by Councilwoman Monfort to direct Mayor Wagoner or City Manager Brighton to formally query Mayor Thompson and esk for a response to this incident in writing as to what is going on. Motion passed by unanimous consent. Mayor Wagoner said he would send a letter to Mayor Thompson. Councilman Ackerly suggested the City ask for a permit to oil the roads in the City and see what the response is. Mayor Wagoner said he would contact DEC and ask them what will be done regarding this. C. PUBLIC HEARINGS C-1 Ord. 1076-65 - Amending KMC - Taxicabs MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. Atty. Rogers explained, this wau prepared at the request of Police Chief Ross to prevent dumping items (found in taxis) on the police or clerk. Mayor Wagoner said this could be written for any business in town. Atty. Rogers suggested this be postponed for review. MOTION, Postpones Councilman Measles moved, seconded by Councilman Ackerly, to postpone action till the Sept. 4, 1985 meeting. Motion passed unanimously by roll call vote. C-2 Ord. 1077-85 - Amending KMC - Landscape Review Board MOTION! Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. There wee no public comment. Councilman Wise said the original ordinance said the City could not hold the plans for an excess limit. This means we can hold forever. MOTION, Amendments Councilman Wise moved, seconded by Councilman Ackerly, to amend the ordinance to read, Soct.lon (b), line 7, add the word "other" before the word "requirements." Councilman Wise explained he did not want the permit issued if other requirements have not been met. i i i f + + I 1 I I 1 r KENAI CITY COUNCIL AUGUST 21, 1985 Page 6 VOTE, Amendments Motion passed by unanimous consent. V" VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. Y / C-3 Ord. 1078-85 - Repeal KMC 4.35 - Trailer Placement MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to -- i adopt the ordinance. There wee ro public comment. ' VOTE (Passed)s h Yess Hall, Measles, Monfor, Wagoner, Ackerly No s Wise n< C-4 Ord. 1079-85 - Incress. Rev/Appns - Street Lights - $30,000 MOTION: - Councilman Ackerly moved, seconded by Councilman Hall, to adopt the ordinance. Theta was no public comment. _ Public Works Director Kornelio explained he wished to amend the ordinance to $49,069. This was the bid amount. They added 3 more lights, for a total of 59. City Manager Brighton noted this is $850 a piece. MOTION, Amendments Councilmen Wise moved, seconded by Councilman Ackerly, to amend the sum on both categories to $49,069. Mayor Wagoner asked if there were any new lights. Public Works Director Kornelis replied, no, these lights are no '_- longer being made. The ballast, fixtures and light bulbs are being replaced. HEA will not repair them. They do the maintenance on these lights, but they do not repair vandalism. Mayor Wagoner suggested we replace 50% and use —-� the parts for the rest. f PUBLIC COMMENTS a. Randy Caler, Box 941, Kenai, 160 Standard Dr. Why can't the City take over the maintenance? Councilman Wise suggested approval of the amendment of g funds, appropriate the money, but on award attempt to ". negotiate with HEA to take the spare parts to use as long as they last. Public Works Director Kornelis noted he spoke to Mr. Arbelovsky (City Electric). We bid 59 to F� furnish and install and 11 to furnish only. If we eliminate 11, Mr. Arbelovsky said okay, but he is getting a price break with so many. He is doing Inlet Woods at the same �= time. If we go 1/2 he may say the bid is not good, or will T� . charge more. b. Ed Obertson, Public Works Dept. It will be 60 to 90 days before the lights are here. There are none available in the State. - r w ; I ,G I 1 . o,r KENAI CITY COUNCIL AUGUST 219 1985 Page 7 Mr. Kornelio addend, there is also the HEA bill for the work. They are non -metered. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-5 Ord. 1080-85 - Incress. Rev/Appne - Road & fire Hydrant Repairs - $1009000 Mayor Wagoner said he knew this was to be postponed, but he said the intent was to do away with any verbage regarding roads and do gravel purchases. Councilman Wise explained that was the effect of the last amendment. His problem was the gravel was not specifically mentioned. Mayor Wagoner said deleting the oophalt meant Monson, Woodland and Wildwood. Public Works Director Kornelis said he would have a substitute at the Sept. 4 meeting. C-6 Ord. 1081-85 - Amending Zoning Map - Kenai Original Townsite MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-6 Res. 85-03 - Establish fee Schedule, Poster Space - Airport MOTIONS Councilman Ackerly moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. Airport Manager Ernet explained, these are less then 1/4 the size of the others and at the bottom. The others are 36x24 and are $200 per year. They are there but have not been used. Motion passed by unanimous consent. C-9 Res. 85-64 - Awarding Re -Bid - Runway 6 Taxiway Repainting MOTIONS Councilwoman Monfar moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Public Works Director Kornslia reported this is sole source. The City bought the paint from Northern Ventures and Mr. Hanson will be reimbursed. This is for labor only. The total will be $24,000t the next highest bid was $22,000. Motion passed by unanimous consent. C-10 Roo. 85-85 - Awarding Bid - Street Light Replacement.e ! i I g, I • i • 1 i, r KENAI CITY COUNCIL AUGUST 21, 1985 Page 8 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilman Ackerly said we are currently in a subdivision where these will be replaced. There are no meters, HEA takes care of these. Does this affect our relationship with HEA regarding maintenance? Public Works Director Kornelis replied, once these are replaced, they are maintained. Councilman Ackerly asked, if we have a current contract with HEA, why aren't they doing this? It is not the City's fault they are obsolete. Mr. Kornelis replied that is not part of their contract. Councilman Hall ovated if we go to new lights and they become obsolete we will have to replace them again. They should stock up, it should be their responsibility. Mayor Wagoner noted it would be easier if the City set up an Amortization schedule and replaced them. Councilman Measles asked, what is the repair and maintenance cost for street lights? Mr. Kornelis replied it used to be $10 per month per light, but is probably higher now. Councilman Measles asked, what is the total in the City HEA takes care of? finance Director Brown said he did a report 3 months ago. MOTION, Amendments Councilman Wise moved, seconded by Councilman Ackerly, to amend the resolution to delete the 6th WHEREAS and add, "subject to determination by Administration that 1) salvage of operational lights for future installation by HEA is not of sufficient number to be economically viable, 2) a reduced number will not adversely affect unit price." Councilwoman Monfor asked, when a developer builds a new subdivision, is it his responsibility to put in street lights? Mr. Kornelis replied, Inlet Woods is part of an LID. Councilwoman Monfor noted then it is turned over to the City to be maintained. Mayor Wagoner said he could not imagine ballast and parts not being available. At least they could have parts that are different but still usable. He asked Mr. Kornelis to give him the parts numbers. Councilman Wise noted the light at Pine do Forest turns on and off. MOTION, Additions Councilman Wise moved, with approval of second, to add the word "unreasonably" before the word "adversely" in the motion amendment. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. D. MINUTES D-1 Regular Meeting, August 7, 1985 Approved by Consent Agenda. KENAI CITY COUNCIL AUGUST 219 1985 Page 9 E. CORRESPONDENCE E-1 City of Seward Resolution - Development of Winter Sports Site, Chugach National Forest Approved by Consent Agenda. E-2 Vet Center - Viet Nam Veto Memorial No action was taken by Council. COUNCILWOMAN MONFOR LEFT AT THIS TIME, 9s45 PM. E-3 Kenai Chamber of Commerce - Sen. Murkowaki Lunch - 8-23-85 Approved by Consent Agenda, F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Measles moved, seconded by Councilman Hall, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 MOTIONS Councilman Hall moved, seconded by Councilman Measles, to approve the requisitions as submitted. Motion passed by unanimous consent. Public Works Director Kornelis explained the sewer manhole cover was an inlet manhole cover. G-3 Ord. 1082-85 - Increao. Rev/Appns - Standard Or., Thompson P1. - Add Richfield Dr. - $84,160 a. Public Hearing, Ord. 1082-85 b. Change Order #1 - Central Alaska Const.-Standard Dr. - Add Richfield Dr. - $670960 c. Richfield Dr. Addition - Standard Dr., Thompson Pl. - Wince, Corthell, Bryson - $16,200 MOTIONs Councilman Ackerly moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed unanimously by roll call vote. MOTION, 2nd Readings Councilman Ackerly moved, seconded by Councilman Hall, to have 2nd reading this date. Motion passed unanimously by roll call vote. MOTION, Public Hearings Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. 8 0 F u, KENAI CITY COUNCIL AUGUST 21, 1985 Page 10 There was no public comment. Councilman Ackerly asked if this woo so we can go to Immediate construction as part of the project. Answer, yes. Councilman Ackerly asked, we will get a better deal this way than to go out to re -bid? Answer, yes. Public Works _- Director Kornelio added, these are the same unit prices he bid. T VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. G-3b$ MOTION$ Councilman Wise moved, seconded by Councilman Hall, to approve the change order. i Z Notion passed by unanimous consent. G-3c s � MOTIONS Councilman Wise moved, seconded by Councilman Hall, to approve the amendment to contract. Councilman Ackerly asked if this had been engineered before. Public Works Director Kornelio replied yeso but we have changed a cross section of the road. It was in the original but woo taken out. Now it is being put back in. Motion passed by unanimous consent. G-4 Ord. 1083-85 - Increase Rev/Appns - Women's Resource Center Grant - $50,000 at Public Hearing, Ord. 1083-85 be Billing - Women's Resource 6 Crisis Center - $400153.01 MOTION$ Councilman Wise moved, seconded by Councilman Ackerly, to introduce the ordinance. • i Y ' I Mayor Wagoner suggested the City would be better to reject the $509000, give it back to the State and pay it ourselves. That way it would not be encumbered and the City could do , - - what they saw fit with the land if it does not succeed. If we take it this way, thero may be State laws that preclude us from doing what we want. When the City had discussions earlier, was these specific requirements they had to meet? Finance Director Brown replied, they did not have to get City requirements, just Davis -Bacon wages. They are getting those. Almost everything is materials so for, Mayor Wagoner said the State has a statute that if the City accepts the grant, the City has responsibilities for maintenance if it does not succeed. Atty. Rogers explained the City rewrote the agreement as submitted by the State. Finance Director Brown added, the State would not accept the rewrite. The requirement is that all contracts are subject to Davie -Bacon. We are not party to the contract. Mayor Wagoner avid, we would not be responsible for the program, (if it goal under) but for operation and maintenance of the building no a puhlic facility. It has not been challenged. We must continue to uAe it for a public purpose. The Borough could have handled this as a KENAI CITY COUNCIL AUGUST 21, 1985 Page 11 peso -through, Finance Director Brown said, from a practical standpoint the City will not take it back. We do not have title to the building, just the land, Atty. Rogers added, there is a reversionary clause, the improvements go with the reversionary clause. Forfeiture would be through the courts. City Manager Brighton noted it would be a windfall If the City took it over. VOTE (Peased)s Yess Hall, Measles, Wise, Ackerly Nos Wagoner NOTION, 2nd Readings Councilmen Wise moved, seconded by Councilman Ackerly, to have 2nd reading. Notion passed by unanimous consent. NOTION, Public Hearings Councilman Wise moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman Wise said this problem (Cities assuming responsibility of building) should be addressed by our legislative delegation. City Manager Brighton noted AML attempted to amend this, but the Legislature would not do anything. VOTE, Main Motions Notion passed unanimously by roll call vote. G-4bs MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to approve the billing, Notion passed by unanimous consent. G-5 Ord. 1064-85 - Incress, Rev/Appns - Walker Ext. - $3,081,36; Transfer - $19928.46 G-6 Ord, 1085-95 - Increno. Rev/Appno - Senior Citizen Project, State Grant - $1,135 Approved by Consent Agenda. G-8 Approval - Lease Modification - Swenor's, Vet Center - Gusty S/D MOTIONS Councilman Wise moved, seconded by Councllman Ackerly, to approve the lease modification. Motion pooped by unanimous consent. G-9 Approval - Lease, Completion Date Extension - Kians Development - CIIAP MOTION: Councilman Wise moved, seconded by Councilmen Meaele--, to approve the lease extension. Y KENAI CITY COUNCIL AUGUST 21, 1985 Page 12 Notion passed by unanimous consent. G-60 Approval - Lease, Alaska Rent-A-Car - Airport Terminal MOTION$ Councilman Wise moved, seconded by Councilman Hall, to approve the lease. 4 Councilman Ackerly noted Council has been getting a lot of flak regarding asking people to sign. Atty. Rogers explained, there are corporate entities that have substantial assets that they are not in the habit of signing personally. Administration has said they will not accept so these requests are going to Council. He noted, filing a , 10-9 does not mean anything regarding their worth. It is a Council decision to do other than signatures. Mayor WagonoOk said he could understand F. Meyer, that was Oregon State retirement funds. But Council would be back -sliding if they allowed this. Councilman Measles asked, what is their reason? Atty. Rogers replied they have not said. Councilman Meselee noted, if the City was dealing with Avis, he could understand but this is a local sub contractor. G Y r VOTE (Failed)s Yes$ Wise , Not Hell, Measles, Wagoner, Ackerly Councilman Ackerly asked that Administration find out who they are and the reason why (the signatures were not acceptable). Atty. Rogers added, if they agree to individual signatures it will not come back to Council. G-11 Approval - Assignment of Lease - Navarre & Wortham to Wortham - Aleyeska S/D MOTIONS Councilman Wise moved, seconded by Councilman M000lea, to approve the assignment. Notion passed by unanimous consent. G-12 Approval - Vacation of Section Line - Valhalla S/D MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, for non -objection to the vacation request. - -- PUBLIC COMMENTS � a. Randy Caler, Standard Or., Valhalla, Kenai. They discovered the section line in the subdivision by accident. Under the original township this was reserved by the State to put in roadway, etc. it is i not utility. It had a 60 ft. easement. They have I requested vacation because there are sufficient roads in the subdivision. This would wipe out 1/2 of his $150#000 home. He has been assured by DOT and other State agencies that it to just a formality. They will never exercise the right to use. Motion passed by unanimous consent. H. REPORTS f KENAI CITY COUNCIL AUGUST 21, 1985 Page 13 H-1 City Manager City Manager Brighton spoke. a. Regarding the Community Center. Letters have been written. All have said the word "projects" does not meet the criteria and cannot be used for the Center. Rep. Navarre has proposed one last card, all 3 local legislators send notice to all involved that it was their intent for the City to use the funds for a Community Center. Mayor Wagoner noted the Dept. of Law has said no and will not change their minds. We should accept the fact they said no, go ahead with road projects and go back next year for funds. Councilman Wise asked that a resolution be prepared for the Sept. 4 meeting accepting the funds. He suggested the roads not be designated, with water A sewer if they are related. Councilman Ackerly asked if they would be assessment districts. Mayor Wagoner suggested a work session to discuss this. Council agreed to the action. b. Mr. Brighton received a letter from Jill Burnett regarding access to the 80 acres down Candlelight. The City h90 given lease on the acres with option on additional acres that encompass Candlelight Ext. Mrs. Burnett wants to know how she will get access. An ordinance was passed in 1983 describing public easement on Candlelight as access. In order for them to exercise option for the golf course, the ordinance will have to be rescinded. Mayor Wagoner said the people came to Council and said they will not develop. He suggested a work session regarding this with all Involved parties. If the road is placed between their property and the golf course, it would give them access. Council agreed to the suggestion. c. Mr. Brighton noted info 414, letter from FAA regarding land sales procedures. FAA wants the City to eliminate circumvention of bid sale situation for real estate. If the City is willing to accept a minimum lease term of 2 years, they would accept that. Mr. Brighton did not object to this. He explained FAA concern is that they are interested in the airport getting as much monoy from the land as possible. They are upset by people doing improvements and asking for purchase. They want all possible to go to bid. But there is nothing fair in making a lessee bid on his own money if he purchases. If Council is willing to put this amendment in, it would resolve these problems. Mayor Wagoner stated FAA set up the regulations regarding selling, now they don't like the City selling them this way. Mr. Brighton said he understood the psychological problem of FAA telling the City what to do. Mayor Wagoner noted in that time values would increase. It would make people less apt to buy. Councilman Wise added there are some people trying to buy to improve their financial position. They need flexibility of sale to get financing. Mr. Brighton explained, the only concern of FAA in the City is the airport. Council is responsible for the whole city. Councilman Wise suggested a resolution by Council with copies to Congressional delegation. The City does not depend on lands to be developed. If we are forced to solicit large firms to purchase land, we will die on the vine waiting for them. Mayor Wagoner noted after i 1 j _',, KENAI CITY COUNCIL AUGUST 21, 1985 , Page 14 Mr. Cunningham (FAA) received the letter regarding the antenna farm, he apologized. He did not have Mr. Brighton's letter rejecting the proposals. Mr. Cunningham has told Mayor Wagoner and Mr. Brighton that if the City has more problems similar to that, to contact him. Councilman Ackerly suggested Sen. Murkowski visit the antevma farm on his visit.(8-16-85) Councilman Hall said if people make improvements and petition for vale, they would have to wait for 3 years. People want to do their project. They can build improvements and petition right away at this time. Mr. Brighton explained, FAA point is to put all out to bid. He added, it is more important for the City to get - — alone with FAA than for FAA to get along with the City. We have leased $1 Million to F. Meyer. FAA has not seen it yet. Mayor Wagoner said he did not want to kowtow to FAA. Mr. Brighton asked if Council wanted '. hire to say it has been to Council and they said to do nothing with it. Mayor Wagoner suggested saying Council rejected it. G d. HEA will have a special meeting and will award the Airport Way project Aug. 22. ., c. FAA letter,. COSTD: MOTION:' Councilman Ackerly moved, seconded by Councilman Measles, to i •. notify FAA we will accept minimum lease terms of two years prior to request for sale, this would apply to any leases after Sept. 1, 1985. Councilman Measles asked if there was any urgency in setting I the date for this. Mr. Brighton replied he did not think so. Councilman Measles suggested Council notify FAA they "r= are pursuing these methods and others with the least impact and will contact them. ' NOTION, Withdraw: Councilman Ackerly, with consent of second, withdrew his motion. Mayor Wagoner said Sen. Stevens has told the Council if they wanted full control of the airport, he would arrange it. Council took no further action. H-2 Attorney Atty. Rogers spoke. a. Info 012 in the packet. (Prosser Const. ve City) This is the extent at this time, he will keep Council informed. b. Regarding material distributed this date (City vs Kenai Borough), Chinulna Pt. & Beluga Bay Estates, Fire Service Area. Is the Council desire to pursue t:,d matter of a service area? This has not been filed with the court. A complaint against the Borough precludes the ballot measure regarding the service area till we can iron out the will of the people there regarding annexation. City Manager Brighton has sent a letter to Borough Mayor Thompson but has not had a reply. Mr. Brighton added, no action was taken at the last Borou;i, meeting. i �1 -, KENAI CITY COUNCIL AUGUST 21, 1985 Page 15 0 MOTIONS J Councilman Wise moved, seconded by Councilman Ackerly, to approve (the actions of Atty. Rogers). Councilman Ackerly said he would like to explain to the people that the City is only seeking to give the residents the right to determine if they want to be annexed. Some people may get the impression we want to take the land. -- Mayor Wagoner said we notified the people we would do this. Councilman Wise said it should be made clear to tho people in the area they pay ambulance service of 1 mill and the area mill rate is .9 mill less than the City. We have City -- -- taxes, they have ambulance. Ridgeway Fire Service area is almost a full mill. It will be for services that are still - remote, Motion passed by unanimous consent. H-3 Mayor a, Mayor Wagoner nominated Woody Cole for the Landscape Committee. He is owner of Colem ar Investments and is " the Standard Oil distributor. He has a background in landscape architecture, > Council agreed to the appointment by unanimous consent b. Ar the recent meeting with FAA, it was found the $225,000 to move the antenna farm does not include moving the emergency buildings. FAA wants us to use City funds, We said no. Mayor Wagoner wanted to go to a Federal allocation, FAA did not like that. He asked to discuss the FAA proposal at the Sept. 4 Council meeting, Mr. Cunningham, District Director, told Mayor Wagoner he wanted to work with the City. Mr. Cunningham said we had a model airport and he liked what was going on. c. The Conference of Mayors Meeting in Fairbanks Aug. 14. They will try to work toward 50: of funds to block == oo grants on a formula basis of population. They will discuss this further. � d, Councilman Wise had said at a recent Council meeting that the trailer ordinance amendment was not on the agenda at public hearing. It was on the agenda as an amendment. 'H-4 City Clerk Clerk Whelan spoke. a. Municipal League will be Nov. 13 to 17. She asKb� Council to contact her regarding reservations as soon { ° as they can. She will make 7 reservations and amend them if needed. + b, Sen. Murkowski will be in town Aug. 16 for lunch and Council has been invited. Mayor Wagoner noted he would f like to talk to him regarding FAA. Councilman Ackerly suggested, also the Moose Range swap (of land). City „ Manager Brighton said he had an appraisal of the wetlands. There is a problem, we should know in 2 weeks. H-5 Finance Director None 8 0 ., KENAI CITY COUNCIL AUGUST 21, 1985 Page 16 0-6 Planning A Zoning None H-7 Harbor Commission Councilman Ackerly said there was a moreting regarding the Matrangs proposal of floating docks. Public Works Dept. will look into this. They are surplus from the Yukon River. Councilman Wise asked, where are we with the 8. Nelson proposal (dock and boating facility)? Mayor Wagoner replied Public Works Director Kornelia is working with the RFP. Finance Director Brown added, some of the $1-1/2 Million is for the part facility. Mr. Kornelis said only $80,000 of it is in danger of reverting. H-8 Recreation Commission None H-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD s. Steve Foster, Co -Owner of Foster Const., Box 3039 Soldotna, They are working under Zubeck on the H,A,P, project. They would like a permit to purchase sand out of the Linwood pit for thin project. They need 23,000 yda, for the job. Rather than cover it up, they would like a permit to excavate, use it on the job, pay the City and fill the hole back up. They are offering based on price per cu. yd. the Borough land fill charges $.75 per cu. yd., hio own yard in N. Kenai charges $1.00 per cu, yd. They are offering $,75 cu, yd, Mayor Wagoner noted this is City property. Councilman Wise added, it io OCR restricted from Candlelight west. He suggested uoing airport property. Councilman Ackerly said he was concerned about the back fill. Mr. Foster explained, that could be anywhere except back in the hole. They have over 1,000 yda. of good top soil they could use, 20,000 to 300000 yda. of fill is overburden that is contaminated. Councilman Ackerly naked if it is part of the golf course continuation, Mayor Wagoner said Mr. Morgan does not want any more sand extracted fro% there. The more we tear it up the more it will be difficult to make into a golf course. City Manager Hrighton naked Public Works Director Kornelia if Mr. Morgan objected to taking sand from the pit. Mr. Kornelia replied, not to the exiating pit. He will be putting more top soil into there. Mr, Foster said they will be bringing more in. Councilman Ackerly naked if it could be used for the golf course, Mr. Foster replied, it should be on long as stumps and treso arse placed below fill. They could have a good layer over it. MOTION$ Councilman Moaolos moved, seconded by Councilman Ackerly, for approval of Administration to enter into negotiaL•iona (with Mr, Footor) and receive the boot price ponsible for sand. Mr. Kornelia said he line had discussion with John Herring. Ho needs 1,000 yds. of it. They were dincusaing $1.00 yd. He would aooumo Council wanted the same with that. We would not be selling them nund, just reducing the cost by $1.00 yd. We would have to go out to bid otherwise. We are I i u ♦ • - 6 KENAI CITY COUNCIL AUGUST 210 1965 Page 17 paying $4.25 yd. to haul, we will reduce it by $1.00. This is a project that has been bid and we need fair market value on sand. Mr. foster said tie has been talking to Mr. Herring. They plan to work together on these 2 jobs. He is buying from him at $.75 yd. on his job. Motion passed by unanimous consent. b. City Manager Brighton said Council has talked of closing the sand pit. As soon as it is closed we will have to open another one. Mayor Wagoner asked, how many yds. has the City taken out and used on the airport? Public Works Director Kornelis replied he did not know. Mayor Wagoner asked if the airport has ever reimbursed the City. Answer, no. Mayor Wagoner suggested we should reimburse or extract out of the float plane basin. Council agreed. Councilman Ackerly asked if material moved out of the float plane basin could be used for road projects. Mr. Kornelis replied, for road projects, but not for winter sanding. It is too moist. We will have enough for one more season from the Linwood area. ADJOURNMENT: Meeting adjourned at 1100 PM. GLv�' �� Janet Whelan City Clerk y-65 ar