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Home My WebLink About1985-11-06 Council Minutes77 AGENDA KENAI CITY COUNCIL REGULAR MEETING I NOVEMBER 6, 1985, 7t00 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. PERSONS PRESENT SCHEDULED TO BE HEARD (10 minute limit) 1. Andy Sarisky - Salaries 3, John Williams - Candlelight Assessments 4. Rick Baldwin - SouthCentral Air Insurance 5. lim Bookey - Advertising Signs 6. Phil Stiffler - Tie -Down Insurance for C-97 C. PUBLIC HEARINGS 1. Ord. 1091-85 - Increasing Rev/Appns,New Street Lighte- $779550 2. Ord. 1092-85 - Amending Kenai Municipal Code - Establishing Service Charge for Dishonored Checks 3. Res. 85-102 - Accepting Deed of Release from FAA, CIIAP S/D 94 D. MINUTES 1. •Regular Meeting, Oct. 16, 1985 2. •Specie' Meeting, Oct. 30, 1985 fI I ; I ' ii �I f! w44 I! ij �1 i 1 1 f . E. CORRESPONDENCE 1. *Anrhorago Mayor Know)os - Commendation, Building I.,epector Hackney 2. *ARL'n Alaska - Drilling Waste Disposal 3. *Rep. Andre Marrou - Capital Projects Appropriations 4. *Alaska C&RA - Preliminary Population Determination 5. W. Kluge, Architect - Old Town Historic District F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1093-85 - Amending Kenai Municipal Ctide - Changes in Title 29 Regarding Senior Citizen Tax Exemption 4. *Ord. 1094-85 - Amending Zoning Code - Landscaping Regulations 5. *Ord. 1095-65 - Increasin Rev/Appns - Library Materials for Wildwood - 14,000 6. *Ord. 1096-85 - Increasing Rev/Appns - Capital Project Grant - $2.3 Million 7. *Ord. 1097-85 - Increasing Rev/Appns - Marathon Rd. Relocation - $2,000 8. Approval - Vacation, Baron Pk. S/D 9. Approval - Vacation, Nissen 5/D9 Malston-Braun Addtn. 10. Discussion - Engineering Inspection - Water & Sewer, Streets to Golf Course; Water & Sewer, Street to School (Swires Rd.); Sewer Interceptor to Thompson Pk. 11. Discussion - Cemetery 12. Discussion - Master Calendar 13. Discussion - KIMO, News Bureau H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 minute limit) ADJOURNMENT r e KENAI CITY COUNCIL, REGULAR MEETING, MINUTES NOVEMBER 6, 1985, 7sOO PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Ackerly, Sally Bailie, Joao Hall, Ray Measles, Chris Monfor, Tom Wagoner Absents John Wise (arrived late) A-1 Agenda Approval s. Mayor Wagoner asked that Ord. 1090-85, amending KMC to allow Clerk to certify assessment rolls, be added as item C-4 for reconsideration. b. Mayor Wagoner asked that Res. 85-104, supporting local television news bureau, distributed thin date, be added as item C-5. Council approved the agenda so amended. A-2 Consent Agenda MOTIONS Louncilman Measles moved, seconded by Councilman Ackarly, to ' approve the Consent Agenda as submitted. -- Motion passed by unanimous consent. - 9. PERSONS PRESENT SCHEDULED TO BE HEARD ". 8-1 Andy Sarisky - Salaries Mr. Sarisky wee not present. 6-2 Deleted 8-3 John Williams - Candlelight Assessments John Williams, Box 1315, Kenai. He distri.uted material regarding costa for paving of Candlelight. These are City figures. The cost would be $2970500 for 3,500 ft. of paving. Justification for the City assuming the costs are listed. Add to #4, children play in the street, this is an i� additional hazard. Add to 05, some of that coot is other :I than the golf course. He is formally requesting official action. Council agreed to put thin on the agenda for the - - Nov. 20 meeting. 8-4 Rick Baldwin - SouthCentral Air Insurance - Atty. Rick Baldwin, Box 4210, Kenai, representing SouthCentral Air. He does not represent ERA, but they ehere �.j the same concerns. This is developing into an open battle, there is no need for it. He had 4 concernas t a. What is the dispute about? Carriers are objecting to indemnification clause that they will be responsible for acts that occur because that carrier is there. They fool this in unfair. They agree to be responsible for their own acts, but not for the City's. They also object to being singled out. There are other busines000 using the airport but are not oubjeet to the some demands. - b. Why does the City fool they need thin indemnification? j! Because their insurance may go up. The City pays I $33#0009 the airlineo pay millions now. }• :A i f , I ' r i r M ii U CITY OF KENAI NOV. 6, 1985 Page 2 c. Who would pay the insurance premiums? He asked Finance Director Brown how lease payments are set up. Mr. Brown told him, to recapture expenses attributable to the terminal building. Of the $33,000 paid for insurance, $3,000 is toward this fund. d. Why is the City insisting on the indemnification provision? The costs are being paid. COUNCILMAN WISE ARRIVED, 7s20 PH. Atty. Baldwin continued. ERA submitted a proposal to the City dated Nov. 1. Atty. Jack Birmingham, Vice President, ERA, Anchorage. Atty. Rogers asked Mr. Birmingham if he had received another document after that with corrections. Answer, yes. Atty. Rogers explained, it is a modification of the City position. It separates the terminal and the airport. He noted, there are negotiations going on. Mr. Birmingham replied, ERA position was to allocate responsibility. They would still indemnify against anything they did wrong. They proposed pushing the fault across the board. The City was just ramp and parking lot. The larger portion is left. 6-5 Jim Booke y - Advertising Signs Jim Bookey, Box 514, Kenai, owner - Bookey's Restaurant. He asked Council to review the sign code. It affects the business community greatly. He was cited by the City, it was taken out of court. Now he has a new citation. He did not believe Council knew what the Code says and how it is enforced. He had a portable changing sign and was cited. He took it down but he sees others still up. He distributed pictures of signs he felt were in violation. He understood they are trying to clean up the town, but he noted in the lot 6 months of 1985, the City received $90,751 less from business tax. This is when merchants could not use signs. Soldotne did not lose any money. Ilia blinking sign has been up for 12-15 years. 1/2 the signs in town do not meet the sign ordinance. He asked if they were being cited. Mayor Wagoner said he would discuss this with Administration. B-6 Phil Stiffler - Tie -Down Insurance for C-97 Phil Stiffler, 205 Linwood, Kenai. He is owner of the C-97 parked at the airport. In August he was notified of an insurance indemnification problom, but was not able to talk to Atty. Rogers for 3 months. The document is an 8 page agreement. He has been in aviation since 1966 and has never been asked for indemnification before. Atty. Rogers had told him if a small plans crashed into his, there would be liability. His plane is a long distance from the runway. Atty. Rogers had told him he thought $100 per month was too low. Soldotna is $62.50 per month. The plane is not hired out to the public, it is not commercially operated. He obtained liability insurance last week for $350. It is not required for other transient aircraft. The City should promote use of the airport. This could result in loss of income, fuel tax loss, total aircraft for use for State and Federal revenue. Airport Manager Ernst explained, small aircraft are not required to have similar insurance, the City's $25 Million insurance covers that. An itinerant is a 5 day limit. Mayor Wagoner explained, those tying down on leased property are not under the City requirelmpnts. Mr. Ernst added, fish haulero are on a 3 month period, special use permit. Mr. Stiffler noted he rntinted 140 small planes in the long term area in Soldotna that would leave Soldotna CITY OF KENAI NOV. 6, 1985 Page 3 if this were enacted down there. Mayor Wagoner explained, the City is not in the private plane tie -down business. He added, the planes are in Soldotna because it is not controlled air space. Mr. Stiffler noted he has planes in Washington State and Arizona and does not have indemnification required. He added, Anchorage was about $150 per month but went up, Tucson (AR) was $100 per aircraft. The $350 for insurance did not include indemnification. Council agreed to a work session to discuss if the City will require indemnification and if it will be for everybody. Also, what the options will cost the City, and what Anchorage, Juneau, Fairbanks and Kodiak require. Council agreed to a work session Nov. 19. C. PUBLIC HEARINGS C-1 Ord. 1091-85 - Increas. Rev/Appns - New Street Lights - $77,550 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. City Manager Brighton noted Administration does not recommend 47 lights. This was put together from the school bus list. Councilwoman Bailie noted there was to be a meeting with HEA directors, regarding the need for meters. Public Works Director Kornelis said he has heard from HEA. It would be a year before approval from APUC to delete meters, Mr. Rainey (HEA) had said he would have no objection to deleting the meters. He added, they would not be put in till next Spring. Vote passed unanimously by roll call vote. Council agreed to have Administration bring an updated list to Council before the work is done. C-2 Ord. 1092-85 - Amending KMC - Establishing Service Charge for Dishonored Checks MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Res. 85-102 - Accepting Deed of Release from FAA, CIIAP S/D 04 MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-4 Ord. 1090-85 - Amend. KMC - Allow City Clerk to Certify Assessment Rolls without Recording (Reconsideration) ' I i I I � II I . I � � CITY OF KENAI NOV. 6, 1985 Page 4 MOTION, Reconsiderations Councilman Measles moved, seconded by Councilwoman Bailie, for reconsideration of Ord. 1090-85. VOTE , Reconsideration (Passed): Yess Ackerly, Bailie, Hall, Measles, Monfor, Wagoner Nos Wise Atty. Rogers explained, he was not present when this was voted on. The Code says assessment rolls have to be recorded at the District Recorders office, but they are not recordable documents. There was no public comment. VOTE (Passed)s Yost Ackerly, Bailie, Hall, Measles, Monfor, Wagoner Nos Wise C-5 Res. 85-104 - Supporting Local Television News Bureau Concept MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Mayor Wagoner said the City is not committing themselves. MOTION, Tables Councilman Measles moved, seconded by Councilman Wise, to table the resolution. Motion passed unanimously by roll call vote. D. MINUTES D-1 Regular Meeting, Oct. 16, 1965 0-2 Special Meeting, Oct. 309 1965 Approved by Consent Agenda. E. CORRESPONDENCE. E-1 Anchorage Mayor Knowles - Commendation, Building Inspector Hackney E-2 ARCO Alaska - Drilling Waste Disponal E-3 Rep. Andre Marrou - Capital Projects Appropriation E-4 AK C&RA - Preliminary Population Determination Approved by Conoent Agenda. E-5 W. Kluge, Arch. - Old Town Historic District Mayor Wagoner said he agreed with the idea of a committee, but would like it to have a ounaet clause. Councilman Ackerly suggested contacting the State and Federal offices regarding any restrictions. Councilman Wino ouggested a work session in Jan. 1986 and a review of Arch. Knaprisin study. Councilman Ackerly suggested contacting Now Orleans, Boston and Charleston regarding restrictions. Councilwoman Monfor added, Snohomish was utudied by Mr. Kasprisin. CITY Of VENAL NOV. 6, 1985 Page 5 F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to bQ Ratified MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to approve the bills as submitted. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $19000 MOTIONS Councilman Ark.°rly moved, seconded by Councilman Measles, to approve the requisitions as submitted. Motion passed by unanimous consent. G-3 Ord. 1093-85 - Amend. KMC - Changes in Title 29 Regarding Senior Citizen Tax Exemption G-4 Ord. 1094-85 - Amending Zoning Code - Landscaping Rego G-5 Ord. 1095-65 - Increas. Rev/Appns - Library Materials for Wildwood - $49000 G-6 Ord. 1096-65 - Increas. Rev/Appns - Capital Project Grant $2.3 Million G-7 Ord. 1097-85 - Increas. Rev/Appns-Marathon Rd. Relocation- $20000 Approved by Consent Agenda G-B Approval - Vacation, Baron Pk. S/D MOTION; Councilman Wise moved, seconded by Councilman Ackerly, to send a letter of non -objection. Motion passed by unanimous consent. G-9 Approval - Vacation, Nissen S/D, Malston-Braun Addtn. MOTION? Councilman Wise moved, seconded by Councilman Ackerly, to send a letter of non -objection. Motion passed by unanimous consent. G-10 Disc. - Engrg. Inspect. - Water & Sewer, Streets to Golf Course; Water 6 Sewer, Street to School (Swires Rd.); Sewer Interceptor to Thompson Pk. Public Works Director Kornelis asked that item #2, E. Alisk be changed to Spur. Mayor Wagoner said they made a proposal to the Borough that all property put up in the past and the land around the new school be put up for sale. He has not received an answer. Councilman Ackerly noted the City has required LID's elsewhere, they have a much better capability to do this. Councilwoman Bailie noted the Borough has managed to take over road powers, they could do this. Mr. Kornelis noted this is just for engineering. Mayor Wagoner added there is a meeting schedulo4, Council is invited. --- - i CITY OF KENAI NOV. 6, 1985 Page 6 MOTIONS Councilman Measles moved, seconded by Councilman Hall, to negotiate for the additional work. Motion passed by unanimous consent. Public Works Director Kornelis reviewed, they will have one engineer contract for all 3, Council agreed. G-11 Discussion - Cemetery Councilwoman. Bailie reviewed the meeting and the survey. The new area will allow 500 additional 5x10 sites, walkways of 6 ft., the west curved area would be for children and cremains, the east side would be platted lot. There will be no burials in the old section till it is properly platted. In the meantime the north side of the old site would be i used, $150 for plots, $160 for opening and closing. The City would take care of this. They will use the Valdez o plan. Mayon Wagoner asked Tim Wisniewski if there were people that contracted to open and close graves. Mr. Wisniewski replied yes, he recently paid $200 because of 1" of frost, in Kasilof. It should be done by hand to prevent damage. Kenai is easier to work. $160 is a fair price. Burial should be immediately. MOTIONS Councilman Ackerly moved, seconded by Councilman Wise, to accept option 03 as listed regarding the cemetery survey. Motion passed by unanimous consent. H. REPORTS r H-1 City Manager City Manager Brighton reported he received a letter from FAA Aug. 8 regarding a 5 year delay before sale a! leased property. Land Specialist Gerstlauer, Airport Manager Ernst and Mr. Brighton talked to FAA, they agreed to a 2 year delay, effective Jan. 1, 1986. Property not leased is still for sale. FAA felt the City was circumventing the bid process by leasing and immediately selling to the lessee. Councilman Hall said their rationale is they feel the bid process is hindered, they do not get full value. Our policy now is the appraisal is good for 6 months. After that time we need a now appraisal. The building is already there, the appraisal would be higher. He objected to 2 years. Mayor Wagoner asked if copies of this letter and document information went to Son. Murkowski. Mr. Brighton replied yes, and to Mr. Kiel, He added, the City's relationship ��- with FAA is not what it ought to be. They are in the driver's seat. Mayor Wagoner said he thought Mr. Kiel told Councilmen Measles 6 Wise, Mr. Brighton and the Mayor that 4 the City would not be frustrated any more. He would like to hear a reply before deciding. Mr. Brighton noted Son. Murkowaki asked how we would like funding regarding relocation of the towers. Mayor Wagoner said the City was supposed to instigate discussion with FAA regarding costs to see if we could do it cheaper, not that the City was - -_ supposed to have the money. Councilman Wise noted till an r: offer is made nothing can be done regarding where we will a' put the antennas, the control center, type of building, i funding provided. Mayor Wagoner said the 2 year delay will stop development. They will ask for more, there is no end to this. Councilman Measles replied, as lonq as we have FAA lands, there never will be. Councilman Wise said one of the CITY OF KENAI NOV. 69 1985 Page 7 things discuz3ed was the turnaround time nn appraisals. Now they have a new appraisal time. It will take 6 months, we have 6 months appraisals. What assurance do we have that it will be a valid appraisal? Mr. Brighton explained, after 6 months, the appraiser can take a brief look and reflect the increase or not. He added, we need 3 appraisals now. I h H-2 Attorney ` None i H-3 Mayor �! Mayor Wagoner spoke. ( a. Regarding Info # 6, is Finance Director Brown going? j Answer, yes. b. This is the scheduled time for a meeting of commissions, committees, Administration and Council. ' Council agreed to schedule it for San. 6 at 7:00 PH. There will be a meeting of local legislators and Council in December. c. Councilwoman Bailie noted there are 2 openings in the ..,f Beautification Committee. Mayor Wagoner suggested Nina Selby. Council agreed to the suggestion. H-4 Clerk Clerk Whelan noted the resolution distributed this date °_-- regarding an election for the Community Center. It will be E `-T in the Nov. 20 packet. H-5 Finance Director Finance Director Brown spoke. a. He noted the memo in the packet (item H-5) regarding assessment bonds for Aliak/McCollum. b. He noted item E-3 in the packet regarding grants in the -_ - area, and his memo distributed this date. a. Mayor Wagoner said it was Council intent for the bonds to be ueod for new improvements, not up -grade. Councilman Wise said we are paying 10-1/2% interest on these and are losing money. Finance Director Brown == explained the bonds were sold as G0, only for - uaaascrnert costa. It woo not mentioned if it was new or otherwise. Mayor Wagoner replied, the publicity put f� out said it was for LID's and new projects. We are deceiving the people if it io used for anything else. Mr. Brown explained, a resolution was passed that bond { monies would be used for Aliak/McCollum. The ordinance allocating $3409000 assessments said it was out of that bond authority. They were not 100% LID's. Councilman Ackerly asked if we could retire the bonds early and get a cheaper rate. Anowar, no. } b. Council agreed to send copies of Mr. Brown's memo to Gov. Asst. Gillespie, all local legislators, Commissioner of Administration end the Women's Resource and Crisis Center. City Manager Brighton noted we are asking for $8009000 left -over funds for a float plane basin, this would create relationship difficulties. p j Mayor Wagoner replied, we are asking for an explanation why they oak the City to dry things one way and they go ems, 9 different way. CITY Of KENAI NOV. 60 1985 Page 9 H-6 Planning A Zoning None H-7 Harbor Commission None H-B Recreation Commission a. Mayor Wagoner noted the Recreation Commission had asked that the proceeds from the sale of the dust bowl go to them. Recreation Director McGillivray explained, there was some question as to the owner of the property. City Manager Brighton replied, it is airport land. b. Mayor Wagoner suggested the City meet with the Borough to discuss the ball fields near the Jr. High. Councilman Ackerly said the Jr. High asked that the area be developed and were turned down. Recreation Director McGillivray said he has contacted the Borough and offered labor and materials; he was told they had nothing in their plans. Mayor wagoner said he would approach the schools, the Borough does not have to be involved. H-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a, Bob Nath, ERA Property World. Regarding re -zoning of Lawton Dr, request. He is requesting relief from a technical situation that came up when he asked for a public hearing at P&Z. Council directed him to bring this to P&Z. There is a stipulation by P&Z that only property owners can request a meeting on change of zoning. The area is owned by the City. Even though he requested this he could not meet. He was directed to go to P&Z, but it was not a concensus of Council. Councilman Measles said, as Vice -Mayor he was presiding and directed him to P&Z, it was a consensus of Council. Atty. Rogers replied, that is a directive, b. Councilman Ackerly referred to S. Nelson's report on the H.A.S. project (Info 015). There are some driveways that cannot be used in the winter. If we atop now we should dump gravel to enable them to use them. Mayor Wagoner said the contractor has assured them the driveways will be usable. c. Councilman Ackerly referred to B. Nelson's report on insulating of water lines. Public Works Director Kornelis said it io too late to do it this year. Mayor Wagoner asked Mr. Kornelis to review this and bring back a report. d. Councilwoman Monfor said, regarding Jackson 6 Sons on Lawton, she thought they were to be removed. Atty. Rogers explained, they intend to go to the Supreme Court. e. Councilwoman Monfor asked about the bowling alley. Atty. Rogers replied, they are bonding around the building. n A � ty CITY OF KENAI NAv. . 69 1985 Page 9 f. Councilman Ackerly noted, during Mr. Bookey's discussion, we should have said something about the sales tax reduction. There were factors that made it go down, iL will swing back. Mayor Wagoner noted the sign ordinance was for all people. We are not enforcing equally. Council agreed to have City Manager Brighton discuss this with Building Inspector Hackney. g. Mayor Wagoner said Sen. Coghill will have a meeting Nov. 8 regarding signs on K Beach and Spur. He will attend. Public Works Director Kornelis noted we have a permit for the City sign. He added, Mr. Hackney is working on violations. Atty. Rogers explained, once the complaint is issuod, it comoo to hio office, then to the courts. A03OURNMENTs Meeting adjourned at 11 s00 PM. Janet Whelan City Clerk APpRON® 81f COMCL DAIN C y