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HomeMy WebLinkAbout1985-09-18 Council MinutesA. B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING Sept. 18, 1985 - 7:00 PM PLEDGE OF ALLEGIANCE ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the iten, will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) PUBLIC HEARINGS 1. Ord. 1086-85 - Increas. Rev/Appns - Part Time Employee, Police Dept. - $9,428 2. Ord. 1087-85 - Increas. Rev/Appns - Airport Master Plan Update - $759000 3. Res. 85-78 - Adopt City Atlas as Official Street -Naming Guide 4. Res. 85-86 - Repealing Res, 85-69 & Accepting State Grant for Road Improvements - $2,300,000 5. Res. 85-88 - Declaring Equip, Surplus 6. Res. 85-91 - Requesting Municipal Assistance Funding From State 7. Res. 85-92 - Transf. of Funds - Senior Employment Physical Exams - $120 8. a. Res. 85-93 - Transf. of Funds - Police Addtn. - $3,000 b. Approval of Adding $3,000 - Inspection Contract, Police Station Addtn. do Renovation D. MINUTES 1. *Rog. Meeting, Sept. 4, 1985 E. CORRESPONDENCE 1. Gov. Sheffield - Capital Projects 2. *Sen. Fischer - CSSB-27 - Grants to Municipalities 3. *ADEC - Grants to Municipalities - Water, Sewer, Solid Waste Facilities 4. 1st Natl. Bank, Anch, - Credit Needs of Area 5. Vets Center - Res. 85-72 F. OLD BUSINESS 1. Highbush/Bumblebee Construction Report G, NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1088-85 - Increas. Rev/Appns - State Grants, Library - $20t000 4. Assign. of Lease - New Pines to Pace Corp. 5. Assign. of Lease - Fletcher, Kenai Theatre Ent. to TEMT Alaska - Lot 12, Aleyeeke S/D 6. Assign. of Lease - Kenai Theatre Ent. to TEMT Alueks - Lot 9, Aleyeaka S/D 7. Assign. of Lease - Langston to Jackson - Airport Terminal Counter Space B. Lease Appl. - Jackson - CIIAP n r . W-� - -_, -�,. . 9. Ext. of Const. Schedule - Swcnor/Roberts - Baran Pk. -- S/0 10. Vacation - Caro S/D, S. Ames Rd. H. REPORTS 1. City Manager 2. City Attorney ;. Mayor 4. City Clerk 5. Finance Director 6. Planning do Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission -- 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT . I _ I J � J 1 KENAI CITY COUNCIL, REGULAR MEETING, MINUTES SEPT. 18, 1985, 7S00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A, ROLL CALL Presents Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Bailie, Jess Hall Absents None A-1 Agenda Approval s. Mayor Wagoner asked that Ord. 1089-85, Amending Zoning Map - be added as item G-11. b, Mayor Wagoner asked that item C-3, Rea. 85-78 - be deleted. ' c, Mayor Wagoner asked that Res. 85-94, Expressing Dissatisfaction with Borough's Handling of Waste Materials - be added as item C-9. Council approved the agenda as amended, A-2 Consent Agenda NOTIONS Councilman Wise moved, seconded by Councilman Hall, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. S. PERSONS PRESENT SCHEDULED TO BE HEARD None C. PUBLIC HEARINGS C-1 Ord, 1086-85 - Incress. Rev/Appns - Part Time Employee, Police Dept, - $99428 NOTIONS Councilman Ackerly moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-2 Ord. 1087-85 - Increas, Rev/Appns - Airport Master Plan Update - $75,000 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-4 Res. 85-86 - Repealing Rea. 85-69 6 Accepting State Grant for Road Improvements - $2,3009000 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the r©solution. k� KENAI CITY COUNCIL SEPT. 18, 1985 Page 2 City Manager Brighton reported he had received word this date from the Atty. General's office that the funds could not be used for a community center, a letter would follow. Mayor Wagoner noted he had been waiting for a call from Gary Baldwin for 3 weeks. Councilman Measles asked if we were under a time limit. Answer - no. MOTION, Tables Councilman Measles moved, seconded by Councilwoman Monfor, to table action till the Oct. 2 meeting. Motion passed by unanimous consent. C-5 Res. 85-88 - Declaring Equip. Surplus NOTION Councilman Hall moved, seconded by Councilwoman Bailie, to adopt the resolution. MOTION, Amendments Councilman Hall moved, seconded by Councilman Ackerly, to amend the resolution to add items distributed this date. There was no public comment. Councilman Wise asked if this was advertised. City Manager Brighton explained, the sale will be advertised and will state a list of items can be picked up. Public Works Director Kornelis explained the auctioneer had advertised some items to create interest. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. C-6 Res. 65-91 - Requesting Municipal Assistance Funding from State MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Res. 85-92 - Transf. of Funds - Senior Employment Physical Exams - $120 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. - KENAI CITY COUNCIL SEPT. 189 1985 Page 3 C-8 a. Res. 85-93 - Transf. of Funds - Police Addtn, - $39000 b, Approval of Adding $39000 - Inspection Contract, Police Station Addtn, do Renovetion NOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilman Wise noted some of the subcontractors have not been paid, Public Works Director Kornells explained, the contractor was 16 days late for substantial completion. He must pay $750 p,-r day after that date. Architect Gintoli has to inspect (16 days) past that date also, The $39000 will come out of unliquidated damages. He did not know the amount due the subcontractors, he has sort letters to them, There are 3 liens on the property, The City cannot pay the subcontractors. Motion passed by unanimous consent. MOTIONS Councilman Wise moved, seconded by Councilman Measles, to approve the additional $3,000 to the contract. Motion passed by unanimous consent. C-9 Res. 85-94 - Expressing Dissatisfaction with Kenai Borough's Handling of Waste Materials NOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public comment. Councilman Wise explained he had asked for the resolution because the City had received undesirable information. He asked Administration to contact the Borough, there was not much concern (at Borough level), The let point of concern was based on information received on dumping of oily waste in the City dump. The 2nd concern was that it was done without authorization. The 3rd concern was whero they took the waste from was a high school site. What are we putting our kids to? Mayor Wagoner suggested it be rewritten in a positive vein. MOTION, Tables Councilman Ackerly moved, seconded by Councilwoman Dailie to table the resolution till the Oct. 2 meeting. VOTE, Tables Motion passed by unanimous consent. D. MINUTES D-1 Reg. Meeting, Sept. 4, 1985 Approved by Consent Agenda. E. CORRESPONDENCE 4 � .. t I 0 - ,l KENAI CITY COUNCIL SEPT. 18, 1985 Page 4 E-1 Gov. Sheffield - Capital Projects Councilasn Wise asked that Old Town at Councilman Ackerly suggested P&Z be se the letter. E-2 Son. Fischer - CSSB-27 - Grants to Municipalities Approved by Consent Agenda. E-3 ADEC - Grants to Municipalities - Water, Sewer, Solid Waste Facilities Councilman Wise asked, what are we planning on submitting? Public Works Director Kornelip replied, last year's list deleting those already done. Councilman Wise asked that Beaver Loop water line be added. E-4 let Natl. Bank, Anch. - Credit Needs of Area No action taken by Council. E-5 Vets Center - Res, 85-72 Mayor Wagoner asked Councilman Wise prepare an amended resolution. F. OLD BUSINESS F-1 Highbush/bumblebee Construction Report Public Works Director Kornelis reported the water line is in, there is still much excavating to do. tiayor Wagoner noted the intersection was to be to grade by Lila date. Councilman Measles noted there was no reason for the ditches. Dogwood is almost to grade and the ditches are still there, wider than the road. He understood the storm water drain would run full length so there would not be exposed ditches. One resident was told if he bought the culvert they would put in the drain. Mayor Wagoner requestad a report at the Oct. 2 meeting and that the engineer and the contractor be at the meeting. 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 $1,000 MOTIONS Councilman Hall moved, seconded by Councilwoman Bailie, to approve the requisitf.ons. Councilman Wise asked why the survey (Dowling Rice & Assoc) was charged to Lands. City Manager Brighton replied surveys were normally charged to Landa, but this could be changed. Council agreed to the amendment. Motion passed by unanimous consent. L � . KENAI CITY COUNCIL SEPT. 18, 1905 Page 5 G-3 Ord. 1088-85 - Increas. Rev/Appns - State Grants, Library - $20, 000 Approved by Consent Agenda. G-4 Assign. of Lease - New Pines to Pace Corp. MOTIONs Councilman Ackerly moved, seconded by Councilwoman Bailie, for approval contingent on the new lessee entering into a new lease form. Motion passed by unanimous consent. G-5 Aosign. of Lease - Fletcher, Kenai Theatre Ent. to TENT Alaska - Lot 12, Aleyesks S/D MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to approve the assignment. Motion passed by unanimous consent. G-6 Assign. of Lease - Kenai Theatre Ent. to TENT Alaska - Lot 9, Aleyeaka S/D MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to approve the assignment. Motion passed by unanimous consent. G-7 Assign. of Lease - Langston to Jackson - Airport Terminal Counter Space MOTIONS Councilman Measles moved, seconded by Councilman Ac:irly, to approve the assignment. Airport Manager Ernst reported Mr. Jackson had intended to bring in Budget Rent -a -Car, but changed his mind and will keep Cheeple Rentals. MOTION, Amendments Councilman Measles moved, seconded by Cot!P-t1man Ackerly, to approve the assignment contingent on assignment of lease to the specified rental agency that would operate the facility. Motion passed by unanimous consent. G-6 Lease Appl. - Jackson - CIIAP MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to approve the application ss recommended by P&Z. City Manager Brighton reported the gate and the slats would be repaired. Motion passed by unanimous consent. e I I KENAI CITY COUNCIL SEPT. 18, 1985 Page 6 G-9 Ext. of Const. Schedule - Swenor/Roberts - Baron Pk. S/D MOTION$ Councilman Wise moved, seconded by Councilman Ackerly, for approval of the 2 modifications. City Manager Brighton said PAZ had some qujetions regarding the gas pumps. They were deleted and later put back in. Councilwoman Monfor expressed the fear that this would turn out like other developments we have had, and not be completed. She also had a question regarding the landscaping plans. The developer can do what they want and not have improvements. There is just a hole there. She did not remember the gas pumps in the original lease application. Mayor Wagoner explained it went back to P&Z. They have followed the prescribed method. Dan Roberts, Lessee. They have no intention of not fulfilling the terms of the lease. The 2 gas pumps are ideally situated where traffic will not interfere with other traffic. They could not go any further after they asked for an extension. They are on sand and gravel and will put in the footings. He would like to get that done before freeze-up, but may not. They do not have approval from the fire marshall. Councilwoman Monfor explained she was concerned about the number of gas pumps in the city and the fact that they were there. Councilman Wise explained P&Z had the same concerns and felt it was a decision of the entrepreneur. Notion passed by unanimous consent. G-10 Vacation - Caro S/D, S. Ames Rd. MOTION$ Councilman Wise moved, seconded by Councilman Ackerly, that a letter of non -objection be sent on the vacation request. Notion passed by unanimous consent. H. REPORTS H-1 City Manager City Manager Brighton opoke. a. He noted Info item Y1, the DEC public hearing on Use of City Sludge on farmland. b. He noted Info item p19, regarding the Welcome to Kenai sign on State right of way. Councilman Measles said he thought we were to get written approval from the State. Mayor Wagoner asked for a copy of the minutes regarding this action for the Oct. 2 meeting. Public Works Director Karnelis explained, when he contacted DOT they said they could not give permission but they would not take it down. Mayor Wagoner said we can get a permit from the State. If the State approves, the Federal govt. will not interfere. c. Clint Hall has submitted R request to purchase land in the "Dust Bowl" area (Info #12). He would like to discuss it at a work session. Councilman Wise asked that the request be forwarded to the Master Plan consultant for review. d. Architect Gintoli's insurance problem. His premium has gone from $6,700 to $95,000 per year for $1 Million coverage. A letter was submitted at the Sept. 4 1 r - - `i KE NAI CITY COUNCIL SEPT. 18, 1985 - Page 7 I meeting. If he is unable to stay in business, the City will have no coverage on the airport terminal, the library, the police station, the senior center and city hall. The City would have to hire an architect for the FSS building. Mr. Gintoli would like to negotiate the ' $1 Million requirement. Mr. Brighton felt the City could live with this. This is perennial coverage for the architect's responsibility for the building. Councilwoman Bailie requested Administration draw up the papers and bring to Council for review. Councilman Measles suggested it could be an amendment instead of renegotiation. Atty. Rogers noted Council may be i' approached by other professionals to lower their 1 requirements. This may increase the City's premium. MOTIONS , I Councilwoman Bailie moved, seconded by Councilman Wise, to i = amend the liability requirement on Architect Gintoli's insurance to $500,000. I Mayor Wagoner requested a written report from the City insurance company on the .impact on the City coverage if we lower requirements. Mr. Brighton noted the City premiums 1 were $80,000 last year, $360#000 this year. � 1� VOTE (Passed): i Yost Measles, Monfor, Wise, Ackerly, Bailie, Hail j Not Wagoner j I e. Mayor Wagoner requested Mr. Brighton contact Mr. Kiel, � FAA, regarding the persons holding up the leases and the person who wrote the memo to the City suggesting 5 _ year leases instead of sale of land. He also asked, V: where are the leases that should be up for approval, o>J the dates they were sent and how long they have been at FAA. Admin. Aset. Gerstlauer replied there were 5 °} leases at FAA. She added we received a call regarding Fes" the appraisers, they will send a follow up in writing. . H-2 Attorney 1 Atty. Rogers spoke. -- a. Regarding the bowling alley (Info #18). He has other _ information and encouraged Council to review it. , Councilwoman Monfor commended his work on this. -- b. Regarding the Borough service area (Beluga Bay/Chinulna Pt.) The order was because of the inability to show irreparable harm. The people concerned expressed - app.reciation regarding the City's concern. They know they will have to carry it forward. The City cannot ' carry it any further. c. Info #14, Shore leases. These osople have been + attempting since 1978 to lease with the City. It has e never been ^ompleted. They will pay back rent, there is no escalation clause. These leases are not :. k 4 renewable. Coanci l had no objection to the lease. d. Atty. Rogers will not be here for the Oct. 16 meeting. — i .a a � Ir . 1 f 1 KENAI CITY COUNCIL, SEPT. 18, 1905 Pi,ge 8 H-3 Mayor Mayor Wagoner spoke. a. He requested a work session. Subjectss Antenna farm Priority list, 1986 Insurance, perhaps self-insurance (have company representatives attend) Dust Bowl and other leases Councilman Ackerly suggested Borough Finance Director Burton attend regarding insurance as they have some self-insurance. Finance Director Brown noted fire insurance could be self -insured, liability should be a big deductible. Councilman Ackerly noted putting sprinklers in City Hall would lower rates. Mayor Wagoner said it would be expensive. Councilman Wise asked to add the Old Town study. Mayor Wagoner suggested adding Landscaping. Council agreed to meet at 7s00 PM Mon., Sept. 23. b. He appointed Councilman Hall as Council Ad Homo i,emlorlc. to the Landscaping Committee. He noted Don Aase had gone through the process and said it was done well. Walter Them will be sending a letter and resigning from his committees. c. The tree planter is working well. We may be able to lease it out. H-4 City Clerk Clerk Whelan spoke. a. The Borough has appointed Lottie Ellis to replace Mabel Richter as judge for precinct #3. MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to approve the appointment of replacement election judge. Motion passed by unanimous consent. b. Absentee ballots for City of Kenai, Salametof and Nikiski are available at City Hall. c. Reservations for 7 Council members for Municipal League have been made. H-S Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission Mayor Wagoner noted the golf course has been seeded. 10 I 11 I� f KENAI CITY COUNCIL !' SEPT. 18, 1985 Page 9 H-9 Library Commission E Librarian DeForest reported the water damage was not serious, less than 50 books. But those lost were out of print. The construction is going fine. Info 02 is regarding Library goals and policies. I. PERSONS PRESENT NOT SChEDULED TO BE HEARD a. Mayor Wagoner said he will not be at the Oct. 2 meeting. b. Councilman Ackerly asked about the Cable TV situation. Atty. Rogers replied, they are chipping away at litigation at the cities. The new Federal legislation had an impact on the cities. InletViaions has not been sold, they requested an extension to convey or divest. Councilman Ackerly said there is still a lot of exposed cable. Atty. Rogers replied written notice should be sent to PUC. c. Airport Manager Ernst reported on the meeting with FAA. He has received the final draft of the Master Plan for approval. He Asked Council to consider the question regarding land needed to build the float plane basin. We need 2 appraisers and one review appraiser to purchase at the established value. It should be done before Dec. 31. He recommended the full 160 acres. MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to authorize Administration to proceed with the full 160 acres , appraisal. VOTE: Councilman Wise said FAA had said the City cannot proceed with the float plane basin till they have title. Mr. Ernst said we have funding from airport H&O funds. There was an appraisal by Mr. Warfle. City Manager Brighton noted ;;here was S1,500 difference between the asking and appraised price. Councilman Wise said there had to be 2 appraisals. If there is a disparity, a review appraisal has to be done. If not, Administration can recommend. Councilman Ackarly asked if it has to be an MAI appraiser or a regular one. City Manager Brighton replied, the City has been told by phone it had to be an Anchorage appraiser. FAA has said they will send a follow-up letter. Mayor Wagoner asked to see copies of all letters, and copies sent to Sen. Murkowski. Mr. Brighton noted we have no MAI appraisers in Kenai. Motion passed by unanimous consent. d. Father Targonsky, Russian Orthodox Church. Regarding the parking situation at the court house. In front of the court house it says "No Parking" and tow -away zone. There is no parking across the street also. Employees, the public, atturneys, etc. have to park there. Police Chief Ross said he was not aware of the problem. During the early part of the project it was worked out how for back from the corners they would have parking start for safety. Mayor Wagoner asked Administration to check into it. e. Councilwoman Monfor asked Public Works Director Kornelis, when there is excavation, where are they taking the trees to dump? Mr. Kornelia replied, each project is different. Some have been hydro -axed. On the Homer Electric project, the contractor has dumped on the Marathon site. They will clean up the Marathon site in return. On the Fred Meyer site, they are KENAI CITY COUNCIL SEPT. 18, 1985 Page 10 dumping at the Linwood pit. On the golf course, the sand is being taken out of there. He is looking for top soil to fill. On the AeGe/Lowry project, the City is not involved. Councilwoman Monfor asked if the City had any control over the trucks driving on the highway, dirt is spilling out, the trucks are speeding, and are illegal. Mayor Wagoner replied that should be reported to the police. The police handle traffic, the State handles maintenance of the street. (on Spur) Councilman Wise asked father Targonsky if he had given permission to have material dumped on Church property. Answer - yes. Councilwoman Monfor said she was more concerned with traffic problems, speeding and not having signal lights. Chief Ross noted traffic control was increased starting Sept. 1. f. Councilwoman Monfor asked about the street across from the Chamber of Commerce that is being dug up. Mayor Wagoner replied, that is the fire hydrant repair. g. Councilman Hall noted TransAlasks did a water & sewer map a year ago. He would like to have it up -dated. The Atlas map is not as good. He would like it this Spring with new subdivisions added. Public Works Director Kornelis said he would bring beck a proposal for an up -date. ADJOURNMENT: Meeting adjourned 9:25 PM. Janet Whelan City Clerk AppeoVro By CouNCLaaua � DA" ClN Cm