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HomeMy WebLinkAbout1984-02-01 Council MinutesA F I AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 1, 1984 - 7s00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. * Consent Agenda All items listed with an asterisk (*) are considered to ha 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 or citizen 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 1. Gerry Sibley - Float Plane Basin 2. Dave Travers, Clean -Rite Janitorial - Cancellation of Contract C. PUBLIC HEARINGS 1. Ordinance 80-83 - Amending Kenai Municipal Code - Utility Locations in City Right of Nuys 2. Ordinance 891-83 - Amending Kenai Municipal Code - Final Inspection Requirements, Building Code 3. Ordinance f913-84 - Amending Kenai Municipal Code - Add Consent Agenda 4. Resolution 84-8 - Transfer of Funds - Noise Reduction Material, Gym - $17,860 5. Resolution 84-9 - Transfer of Funds - Overtime, Animal Control Budget - $1,250 6. Resolution 84-10 - Transfer of Funds - Adjustment, Senior Citizen Grant - $7,145 7. Resolution 84-11 - Transfer of Funds - Engineering Services, Float Plane Basin - $4,592 S. Resolution 84-12 - Transfer of Funds - Building Inspector Seminar - $1,100 9. Resolution 84-13 - Awarding Feasibility Study for Float Plane Basin - Wince, Corthell & Bryson 10. Resolution 84-14 - Resolution to Legislature in Support of Royalty Oil Contract to Tesoro 11. Application for Liquor License - Beverage Dispensary - Rainbow Bar & Grill 12. *Application for Liquor License - Club - Eagles, 03525/# 3249 Peninsula Moose Lodge, #1942 Beverage Dispensary - Sheffield House, Kenai 13. *Application for Liquor License - Beverage Dispensary - Kenai Joe's 14. Application for Liquor License - Bevecage Dispensary, Tourism - Harbor View Restaurant y D. E. F. G. H. MINUTES 1. *Regular Meeting, Jan. 18, 1984 CORRESPONOENCE OLD BUSINESS 1. Recreation Center Fees NEW BUSINESS 1. *Bills to be Paid, Bills to be Ratified 2. *Requisitions Exceeding $1,000 3. Ordinance 914-84 - Amending Kenai Municipal Code, Public Vehicle Commission 4. *Ordinance 915-84 - Finding Certain City -Owned Lands Not Required For Public Purpose 5. *Games of Chance do Skill - American Legion, Post 20 6. *Games of Chance A Skill - American Legion Auxiliary, Unit 20 7. *Games of Chance do Skill - Kenai Central High School S. Approval - Increase in Engineering Inspection - Airport Ramp and Itinerant Aircraft Parking - $2,304.17 9. Discussion - Royal Psciric, Salamatof Dock Proposal 10. Discussion - Carl Van Buskirk - Ski Trail Proposal 11. Discussion - Uptown Motel Easement 12. Discussion - Section 36 Corridor Concept 13. Lease Application - Basin View Development, Ron Oolchok - CIIAP S/D 14. Assignment of Lease - Faroe Enterprises to Navarre Aleyeska S/D REPORTS 1. City Manager 2. City Attorney 3. Mayor 4, City Clerk 5. Finance Director 6. Planning & Zoning Commission 7. Harbor Commission B. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I - r i , �'•�-""�.4. ou -�nm- r--v... - .�..�t.�.r_ac�D� I7.G�diW�ewyi4t.M1��.7';1/__� __._.__ ."-vim+°.� ____.� KENAI CITY COUNCIL, REGULAR MEETING, MINUTES FFRRIIARY 1, 1984, 700 PM CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ray Measles, Chris Monfor, Trim Wagoner, Tom Ackerly, Sally Bailie, Jess Hall Absents John Wise (excused) A-1 Agenda Approval a. Mayor Wagoner asked that item G-100 Ski Trail Proposal, be moved to item B-3, so Mr. VanSuskirk could leave earlier. b. Mayor Wagoner noted item G-13, Ron Dolchock Lease Application, was listed incorrectly in the packet. c. Mayor Wagoner asked that item G-9, Royal Pscific, Salamatof Dock Proposal, be deleted. Information was not available yet. Council approved the agenda as amended. A-2 Consent Agenda MOTION$ Councilman Measles moved, seconded by Councilwoman Bailie, to approve items listed on the Consent Agenda. Motion passed unanimously by roll call vote. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Gerry Sibley - Float Plane Basin Mr. Sibley explained, in designing the float plane basin, the Airport Committee had to consider various factors and combine them. The first concern is safety. When this was closed, tt was because the tower could not see it and it was too crowded. There was congestion on access. The Committee decided to separate take -off and lending areas. The elevation, ground level elevation, water levels, and cost had much to do with it. The basin is 77 ft. above sea level. That is all surface water from the swamp behind it. The Corps. came out with a determination that they could carry up to 81 ft. above sea level. The high point is 85 ft., everything west drains to a gulley. If we went 81 ft. the center would be 85-1/2 ft. Frost and winter heave would be a factor, so they made it 78 ft. The depth of 4 ft. basin gave them 2 ft. of water in the basin. Soils samples. They have quite a few. One area is good gravel. They did nothing with this in the design, they did not want to tie up the project with anything else. Noise abatement. They had 2 plans from the engineers. In the first proposal the Corps. would be concerned about wetlands. He got a determination from the Corps. that says we can excavate anywhere we want. The problem is where to deposit. Because of the noise problem, wetlands, etc. they moved. There will be an excess of material. Some can be put in the basin, it is 4 ft. deeper than it should be. Land acquisition. Over the past 8 years the float plane basin has been tabled 3 times pending acquisition of land. They skirted the issue by going etround, but recommending acquiring the land in the future. There should be some clearing for air space, but they do not want to tie up the float plane basin. They stjggest dividing up into large lots, 400 X 350, 25-1/2 acres of land. Clearing of the lots 1: KENAI CITY COUNCIL. FEBRUARY 1, 1984 Page should oe left up to leoseno other than semi -improvement by the City of trees, etc. They figured survey cost of $7,500. Ground control. The benefit, of this system is there would be no trouble with cars on the runway. The taxiway is 100 ft. wide, twice what is needed. Facility. They do not need sand trucks, fences, lights or snow plow. They met with the FAA man he was concerned about wheel. planes. The float plane basin is 9 months a year, 5 months for ski strip. A soft -field aircraft could use one side. There are 300,000 cu. yds. of material to excavate, at $2 a yd., that is at least $600,000. He added, Airport Manager Swalley had said City policy is that private industry takes care of tie -downs. Mr. Sibley did not agree with that policy. One end will have a ramp for transient float planes. He felt the City would have to get into the tie - down business if they want tie -downs. It would require a person to patrol. The longest take -off would be 2,600 ft., air taxi operators need 4,000 ft. Thev did not gear for air taxis, but as soon as it grows we will need 1,000 ft. The Committee wanted to show that it would pay for itself first. Councilman Ackerly asked about minimum and maximum proposals, there was some talk about just moving dirt. Mr. Sibley explained, the City requires engineering review. Councilman Ackerly asked if the leasing from FBO would be seasonal or yearly. Mr. Sibley replied the operators need a place for their planes year round. Councilwoman Monfor asked if the plan would alleviate the noise problem ir; Woodland. Mr. Sibley replied it is 1/4 to 1/2 mile farther than the existing airport. Councilman Measles commended the Committee on the work they have done. Mr. Sibley noted both engineering firms were very good and helpful. B-2 Dave Travera, Clean -Rite Janitorial - Cancellation of Contract Mr. Travers distributed a letter he received from Airport Manager Swalley. He asked if anyone on the Council would like to receive this letter. It does not talk well about the company. He thought he had done a good job. Fie had bought good equipment. He was given the letter 2 days before the Council meeting. Maybe he and Mr. Swalley have problems. Mr. Swalley is expecting too much for the job to be done. A $2,000 investment for a $29400 job is a large amount. The letter should have gone to City Manager Brighton for review, it woo not signed by Mr. Brighton or Atty. Rogers. The research he has done says to blame him for one mistake is wrong. The only mistake was when Mr. Swalley had a youth do some work. tie told Mr. Swalley to gc ahead with it. tie did not know it would be used against him. After he received the letter, he found over 30 probleme at the airport that were not there before. Mr. Swalley said he woo thinking of the beat interest of the City. He did not think so. Mr. Swalley wrote the letter 2 days after the bid opening and held it. It was presented at a Council meeting and put on the table. Mr. Swalley should have talked to Council. Mr. Swalley said he did 900 of the work well. tie wished every contract could be that good. When the bid was approved, Mr. Swalley congratulated him. Mayor Wagoner did not approve of the letter when it wag presented. He voted no at first. They started the contract. July 1. The porr,elain is ruined. They had numerous complaints on things they could not correct. They were beinq naked to do things outside of the contract. The first 2 weeko of the contract, he wan harats+rrtrf by Mr. Swalley, 28 of the 30 timeu he wee there. The carpet. was ruined when he took over. There were financial prohlemn with the contract.. m ern KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 3 He was supposed to be paid on the 30th of the month, or at the latest - the lot of the following month. It was late. A contractor needs his money right now. He had to pay his employees once a month. He lost a crew of 3 when it was late. He had to train now crews then. This is one of the reasons he lost the contract. Regarding the unsanitary conditions at City Hall. He told Administration the sinks and toilets could not be repaired, they had been ruined. Regarding the Senior Center. Maybe he misunderstood, but the City should have a professional write the contract. Senior Citizen Coordinator Porter said the floorFi had to be kept in good order, that is vague. He thought it was a low use area. When they were told to remove the black marks, they received complaints about the white marks to clean the black marks. Mrs. Porter asked him to re -finish the floors. They had never been finished and were damaged by a piano. It cost him $200 to re -surface them. Mrs. Porter said she had to re -clean the bathrooms. If they do it once a week, it will be dirty the last part of the week. She called early in the week. Why did Mr. Swalley wait till the lot? He could have called earlier. He has letters from people in the airport that it is not done any better now. He feels he is being treated differently than anyone else. At the time he had the City contract, nothing was damaged. Mr. Swalley does not believe in the bidding system. He talked to Administration that he and Mr. Swalley do not get along and asked for another administrator. He is asking to keep the airport job. Councilman Ackerly asked if he wanted them to fire Mr. Swalley. Mr. Travers replied no. Councilman Ackerly asked, was he never paid on time? Mr. Travers replied no. Councilman Ackerly asked if he was reprimanded on things not done well. Mr. Travers replied yea, but they asked for things outside of the contract. He noticed others have not done right, he is the only one that has had things written about him and the only one who has loot a contract. Councilman Ackerly said he does not use the airport very often but he has had citizens ask him about it. All he has heard is negative. Mr. Travers said he agreed it was not done as well as it could be, but he cannot do the work if he is not paid on time and has harassment. It is not reasonable or rational to send a letter like this for one mistake. The City will drive jobs out of here. Mayor Wagoner noted the letter said action was taken after numerous complaints. Was this orally or in writing? Mr. Travers said he felt he was being bounced around. It woo delivered in writing. He did not see the complaints till there were many at once. 2 months after the contract started, Mr. Swalley tried to got rid of him. Mayor Wagoner asked if he had been given in writing what the City or Mr. Swalley felt he was lacking and given directions as to what he should do. Mr. Travers replied, not really. They were disjointed and were from one to another. Mayor Wagoner said complaints were in writing, but: not corrective action. If action is taken for dismissal, if a person is not performing properly, it should be documented with a period of compliance. He did not think this was done. Councilman Measles asked Finance Director Brown about the statement that he was never paid on time. Mr. (frown replied he was paid on time through November. In one instance the check was written on the lot. After that, Administration started holding checks because the work was notheing done. He was told it would be held till certain work was done. Mr. Brown said he reviewed this date and Mr. Traverci was paid on time for 5 months. Mr. Travers said it was one to 2 weeks off. If someone does tint do his job, the contract should be pulled, not hold his paycheck. Airport Manager Swalley reviewed the specs for the airport contract. He did not auk Mr. Travers to do anything that was not in the contract.If complaints wore sont by mail, he i tT I KENAI CITY COUNCIL. FEBRUARY 1, 1984 Poge 4 had 24 hours to corrosct them. If by phone or in person, they had to he corrected the same day. He has 12-13 pages of notes regarding problems. Mr. Travers had reviewed witn him. Mr. Travers said he had not seen them. Mr. Swalley said the first complaint was Aug. 30, 2 months after the contract started. The last was Jan. 17 & 18, to deliver the letter of termination. The May 1983 letter was received by Mr. Travers before the Council meeting. There were complaints from airport people on file. Councilman Hall asked if we had started proceedings on a new contract. Mayor Wagoner said it would go to the next in line. He asked Atty. Rogers and City Manager Brighton to respond to this at the Feb. 15 meeting. Council agreed to the request. 8-3 Discussion - Carl Van Buskirk - Ski Trail Proposal Mr. Van Buskirk explained he is with Scout Troop 357, working on his Eagle rank. fie has to do a service project for the community. Kenai does not have a ski trail, he proposes a 5 mile trail. P&Z has approved it. One area is on State land, he has approval from the State. The Corps has okayed wetlands use. He has materials to mark and clear the land. He needs Council approval. It will cross frozen wetlands. Councilman Ackerly asked if it could be used for jogging after winter. Mr. Van Buskirk replied it would be in water. He is hoping to mark it for future use. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to approve Mr. Van Buskirk's ski trail proposal. Motion passed unanimously by roll call vote. Councilman Hall asked to commend Mr. Van Buskirk on the project. He is aware of how much time and effort is involved. C. PUBLIC HEARINGS C-1 Ordinance 863-83 -• Amending Kenai Municipal Code - Utility Locations in City Right of Ways MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. MOTION, Amendments Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the substitute ordinance as suggested by Council instead of as suggested by Administration. MOTION, Additions Councilman Ackerly moved, with consent of second, to delete the 2nd page 7. PUBLIC COMMENTS Yvonne Hakkinen. She naked for a review of the amended ordinance. This waa done. VOTE, Amendments Motion passed unanimously by roll call vote. kL KENAI CITY COUNCIL FEBRUARY 1, 1984 I Page 5 MOTION, Main Motion au Amendeds j Motion passed unanimously by roll call vote. i C-2 Ordinance 891-83 - Amending KMC - Final Inspection 1 P.equirements, Building Code i 140TION, Postponements ' Councilman Ackerly moved, seconded by Councilwoman Bailie, to postpone action on the ordinance till Feb. 15, 1984. j MOTION, Withdrawals Councilman Ackerly moved, with consent of second, to withdraw his motion. MOTIONs Councilman Measleo moved, seconded by Councilman Ackerly, to adopt the ordinance. MOTION, Amendments Councilman Measleo moved, seconded by Councilman Ackerly, to amend the motion by replacing the ordinance as introduced to that one as recommended by P&Z Commission. Motion passed by unanimous consent. t !` Councilwoman Bailie suggested something to distinguish betwoon commercial and residential buildings and a fine for infringment to be extremely substantial. i J; NOTION, Postponements Councilman Measles moved, seconded by Councilman Ackerly, to s postpone action on the ordinance till Feb. 15, 1984 meeting. i �fml'' o ' Councilman Hall asked that the home builders be invited to the P&Z meeting of Feb. 8 to discuss this item. VOTE, Postponements Motion passed unanimously by roll call vote. C-3 Ordinance 913-84 - Amending KMC - Add Consent Agenda MOTIONS Councilman Measles moved, seconded by Councilmen Ackerly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Resolution 84-8 - Transfer of Funds - Noise Reduction Material, Gym - $179860 MOTIONS Councilwoman Bailie moved, necnnded by C rnincilmnn Meanlen, to adopt the rosolut ion. Motion panned by unanimoun ronsan!. KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 6 C-5 Resolution, 84-9 - Transfer of Funds - Overtime, Animal Control Budget - $1,250 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. ! Motion passed by unanimous consent. C-6 Resolution 84-10 - Transfer of Funds - Adjustment, Senior Citizen Grant - $7,145 I MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. Motion passed by unanimous consent. C-7 Resolution 84-11 - Transfer of Funds - Engineering Serviced, Float Plane Basin - $4,592 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. Motion passed by unanimous consent. C-8 Resolution 84-12 - Transfer of Funds - Building Inspector Seminar - $10100 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. Motion passed by unanimous consent. C-9 Resolution 84-13 - Awarding Feasibility Study for Float Plane Basin - Wince, Corthell h Bryson MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to adopt the resolution. PUBLIC COMMENTS a. Bill Thompson. He is in favor of the resolution. There are a lot of people who have planes in the City who have a terrible time getting floats removed in the Spring and Fall, and have to travel to other parts of the Borough. They have to have a wide -load permit to travel, it is an inconvenience. Motion passed unanimously by roll call vote. C -10 Resolution 84-14 - Resolution to Legislature in Support of Royalty Oil Contract to Tesoro MOTION: Councilwoman Bailie moved, seconded by Councilman Ackerly, to adopt the resolution. Councilman Ackerly noted, after today's action, :t may not be strong enough. Mayor Wagoner noted Atty. Rogers took copies of the unsiyned resolution to the Legislature. The A KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 7 bill has been referred back to the Finance Committee. Councilman Measles asked to abstain, he is employed by Tesoro, one of the firms involved. Motion passed unanimously by roll call vote, with Councilman Measles abstaining. C-11 Application for Liquor License - Beverage Dispensary - Rainbow Bar & Grill Clerk Whelan explained, the Rainbow Bar had requested a 30 day extension. They have not paid their past due taxes yet, but hope to have them current by Feb. 3. She requested Council recommend approval contingent on payment in full of overdue taxes by Feb. 3. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, that a letter of non -objection be sent to ABC with conditions that the outstanding taxes owed be brought current by Friday night (2-3-84) at close of Borough work day. A letter of objection will be sent if the money is not received. Motion passed unanimously by roll call vote. C-14 Application for Liquor License - Beverage Dispensary, Tourism - Harbor View Restaurant Clerk Whelan said they have requested a 30 day extension. MOTIONS Councils^ -en moved, seconded by Councilman Measles, to allow a 30 day extension to get their tax payments in order and discuss on Feb. 15, 1984. Motion passed unanimously by roll call vote. D. MINUTES Approved under the consent agenda. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Recreation Center Fees Recreation Director McGillivray explained this was to be brought back to Council at this time. He has been talking with a representative of Kenai Fitness Center and will meet again on Feb. 39 1984. He would like to come back to Council on Feb. 15 with recommendations. Council agreed to the request. G. NEW BUSINESS G-3 Ordinance 914-84 - Amending KMC, Public Vehicle Commission MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to introduce the ordinance. Motion passed by unanimous consent. KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 8 G. NEW BUSINESS G-8 Discussion -Increase in Engineering Inspection - Airport Ramp and Itinerant Aircraft Parking - $2,304.17 Public Works Director Kornelis explained, when they cut into the asphalt they found more than expected unsuitable material underneath. This is to do soil inspection testing to determine if we have to go farther in excavating. It will be paved next year. If we have to excavate more, there will be additional cost. Councilwoman Bailie asked, is this in addition to what they bid on? Mr. Kornelis replied, Mike Taurisinen designed the project and based on core samples outlined an area of bad material. After bidding the project, we changed to Professional Design Assoc. for inspection. When the contractor - - - L KENAI CITY COUNCIL FEBRVARY 1, 1984 Page 8 Mayor Wagoner noted there were some requests to speak on the ordinance, it was not included on the Consent Agenda. No one appeared to speak, postponement of public hearing can be proposed at the Feb. 15 meeting. Approval -Increase in Engineering Inspection - Airport Ramp and Itinerant Aircraft Parking $2,304.17 Public Works Director Kornelis explained, when they cut into the asphalt they found unsuitable material underneath. This is to do soil inspection testing to determine if we have to go farther in excavating. It will be paved next year. If this is correct, there will be additional cost. Councilwoman Sailie asked, is this in addition to what they bid on? Mr. Kornelis replied, Mike Taurisinen inspected and found bad material. It was dug up and replaced with sand. During the process, we changed to Professional Design Assoc. When the contractor was digging we found silt farther than anticipated. We could not dig because it would close the ramp and it was too cold. Mayor Wagoner asked, how long has it been paved over. Airport Manager Swalley replied, since 1964. MOTIONS Councilman Ackerly moved, seconded by Councilwoman Sailie, to approve the additional testing. Mayor Wagoner said if there is not depression there, it would be okay. Councilman Ackerly noted 20 years seems a "safe shot." Mr. Swalley said there is a depression there from the "Heres." That area has been sinking since 1976. That is the area they re -did already. VOTE (Failed): Yess Measles, Ackerly, Hall Not Monfor, Wagoner, Sailie A tie vote fails. G-10 Lease Application - Basin View Development, Ron Dolchok - CIIAP S/D MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to approve the lease application. Councilman Ackerly asked if it was approved by P&Z. Land Manager Labohn replied yes, the only amendment was beginning and proposed completion dates be changed to June 1, 1984 and Nov. 30, 1984. MOTION, Amendments Councilman Measles moved, seconded by Councilman Ackerly, to amend the lease application as recommended by Land Manager L abahn. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. Land Manager L abohn was Asked to notify Mr. Dolchok . KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 9 G-11 Discussion - Uptown Motel Easement Land Manager Labahn explained the lessee requested vacation of a small sewer line easement by 5 inches. They came to Administration and were told to go through the Borough first. The Borough approved. Council must make a decision. They have 30 days. In the interim, PhZ reviewed the request, they recommended granting the easement subject to 5 ft. easement on the opposite side, and the City to go on record of assuming no liability. There was a separate motion to have Administration pursue applying fines. Mayor Wagoner asked if there is an addition planned. Mr. Labahn replied yes, but it would be to the east. Mayor Wagoner said, no matter what the decision, this should be discussed with the lease holder when & if construction takes place. He is actually 4 ft. over, with the stairs. He should change exits. Councilman Ackerly asked if there was any kind of attachment or inclusion that could be put in the deed to clarify this for posterity. Mr. Labahn explained, there are 2 issuess if Council approves, the lessee will have to amend the plat. That does not address liability. That will have to be done with the owner and City. Councilman Ackerly asked if we would have to tear up to work on the sewers. Mr. Labahn replied, it is possible There could be damage to the structure. He noted the developer had 35 ft. of room on the north side in which to operate. Councilman Measles said it is hard to understand how he could build a building of that size and not know where he is building. Everyone was aware of where the sewer lines were, they had to tie in. If that line has to be dug up, chances are good there will be damage to the building. He asked if Council could have additional time. Mr. Labahn replied, it is in Alaska statutes. Councilman Measles said he would like to have Atty. Rogers see what provisions could be put on the title to guarantee no liability to the City. Mayor Wagoner said all we approve in this is 5 inches. There is much more. His financing is tied up to this being cleared up. It also has to do with purchase of the next property. Mr. Labahn said this is leased land, the property adjoining is purchased. Councilman Ackerly asked if it had to go back to the Borough if we do not approve. Mr. Labahn replied the only recourse is the courts. Mayor Wagoner asked if the sewer line was in the middle of the easement. Public Works Dire. -tor Kornelis replied, pretty close. It is about 15 ft. deep. Councilman Measles noted in the Petition to Vacate, he lists himself as owner. Land Manager Labahn said he will correct that. Councilman Measles asked for Atty. Rogers' opinion to eliminate liability. Councilman Hall asked if the line was a main line. Mr. Labahn replied yes, everything east of town is on this. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to approve partial vacation of utility easement in the Uptown Motel. VOTE (Failed)s Yess Wagoner, hall Not Measles, Monfor, Ackerly, Bailie G-12 Discussion - Section 36 Corridor Concept Bruce Robson, McLane h Assoc., Inc. He had a meeting with P&Z and Council for final road lay outs. There were 4 concepts reviewed. He gave his preference. This is the final plan. They have eliminated the front roads and moved the road closer to the bluff. Most of it is the same. They M .i KENAI CITY COUNCIL FEBRUARY 1, 1984 Paqe 10 deleted the look -out park. They will submit to Porough for preliminary plan. It will be reviewed at the next City P&Z meeting and come back to Council Feb. 15. They have maintained the 80 ft. right-of-way. They will need a name for the area. Mayor Wagoner asked, how many parcels can that be broken down for sale? Mr. Robson replied, that is up to the City. Councilman Ackerly suggested a buffer strip of trees in the center. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to direct McLane do Assoc. to prepare 2-a for preliminary plat to be submitted to Borough P&Z. Councilman Hall noted 150 ft. lots are large in this day. What do they average? Mr. Robson replied, between 70 ft. and 90 ft. Notion passed unanimously by roll call vote. Mayor Wagoner noted it was discussed at last meeting to set a firm date and have Administration start advertising. Land Manager Labahn said this is in the memo. Mayor Wagoner asked of the time schedule. Mr. Labahn replied. it will go to Borough P&Z, then to Kenai P&Z, then to Council, then back to Borough P&Z. The plat can be filed and brought to Borough for administrative review. About the end of March. Other things the City must deal with are utilities, extended main line, covenants, what property for sale. MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, that a brochure be prepared for the City by Land Manager Labahn to oversees a. Tract size b. Pictures of preliminary plat c. Street plan d. Financing e. Water h sewer plan f. Type of dwelling g. Where to find zoning regulations h. Covenants and anything pertinent. Councilman Ackerly suggested it be like the Capital Improvement Projects brochure. It should be ready by mid -April. Councilman Hall said, regarding the type of dwelling. The size is double the size of Woodland. We will have to put everything in there. If we pre -zone it might change sales. Councilman Ackerly explained he put that in to avoid a conflict like Redoubt. Mr. Labahn said according to the zoning code, it is strictly residential, up through 6-plexes. Townhouses or planned unit development would have to come to City for a conditional use permit. Mayor Wagoner said it may be developed this year, but no buildings. Notion passed unanimously by roll call vote. MOTIONS Councilman Ackerly moved, seconded by Councilman Hall, for the sale of Section 36 to bet a 2 month advertising period to be May 1 to June 30, with a sale date of July 1. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL FEBRUARY 1, 1984 Paye 11 G-14 Assignment of Lease - Faroe Enterprises to Navarre - Aleyeska S/D MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the assignment. Motion passed unanimously by roll call vote. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Council agreed to move item I up on the agenda before item H, Reports. s. Donald Noble. Mr. Noble distributed a letter of intent to purchase land in CIIAP. He explained Mr. _ Hendrickson will give up his lease to the City. He asked Mr. Hendrickson to transfer to him. Administration said he could not do that. it was suggested he purchase the land, that is what he is requesting. They made the $500 payment. He understands that now there is someone who put an application in for lease. He was told the lessee would have preference over the buyer. He read in the agreement that if 2 lessees request it, it would be the 1st lessee. He is not interested in leasing. Councilman Ackerly asked if he would be opposed to competitive bid. Mr. Noble replied no, he would have the option to match the highest bid. It would be more " money for the City in the long run. Mayor Wagoner said he did not think the City could take a lease or purchase on land that is leased to another individual. Mr. Hendrickson has not completed the paper work to cancel. Land Manager Labahn said we are going through the cancellation process. These 2 individuals were advised their application would not be considered till the termination was complete. It is City policy to sell if at all possible. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to draw up an amendment to the land ordinance that any time there is a situation that prior to lease consummation, a purchase offer comets in, it takes precedence. - - Councilman Ackerly suggested if we grant Mr. Noble's request, we are not open to a law butt. Mr. Labahn noted the ordinance for introduction was to find city owned lands for public purposes. Some are on property the City is terminating lease lands. Technically, till the ordinance is approved, Council is bound not to dispose of property. Also, there is concern because of the airport parking project. We will have to use City property for parking till this is complete. Mayor Wagoner stated he did not think Council would lose a sale for parking. There is other _ ' property. Councilwoman Monfor asked if the Hendrickson property is in the leases listed in the ordinance. 14r. _ Labahn replied yes. Atty. Rogers will have to define if the lease or purchase applications are valid. Airport Manager Swalley said he and Engineer LaShot have made a survey of e r the parking situation at the airport, there will be a ' problem. They have put signs there to notify people of the construction. Mayor Wagoner asked Administration to bring options to the next Council meeting. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 12 H. REPORTS H-1 City Manager Mayor Wagoner reported that City Manager Brighton was doing much better after his surgery. H-2 Mayor Mayor Wagoner spoke. a. Councilman Measles has asked to resign his position as ad hoc member of the Library Commission. He recommended Councilwoman Monfor to replace him. Council agreed to the suggestion. b. Mayor Wagoner requested a joint Harbor Commission/Council work session on Feb. 21, 1984 at 7s00 PM, to review the harbor proposal and decisions on what the Harbor Commission will pursue now. Clerk Whelan was asked to remind Council. c. He would like to discuss what the City will be doing with the airport terminal reque-ts - gift shop, bar, eller machines, fishing guides, etc. He asked that Airport Manager Swalley and Administration have a report for the Feb. 15 meeting. He noted the situation with the bar is closed till the bankruptcy proceedings are complete. d. There is an opening on the P&Z Commission. Mayor Wagoner recommended Dick Carignan. MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to confirm the appointment of Dick Carignan to P&Z. Motion passed unanimously by roll call vote. e. Regarding the income from sale of City lands, excluding airport lands. Finance Director Brown said the Code says the funds go to the General Fund Capital Improvement Reserve. Mayor Wagoner suggested a charter amendment to designate the income to go into an account that would accrue principal and interest from land sales, then only interest would be used for operating costs. We have a chance to put something into the bank for contingency revenue or to build for the future. We would have a perpetual income that would give us a low mill rate for a long time. It has been said the Legislature would look hard at this. What we do is our business. Councilwoman Monfor said it was a good drawing poin* to live in Kenai, we are actually doing something for down the road. Mayor Wagoner said it puts control into the hands of the people. C oincilmen Hall asked if there was a lot of land outside of airport lands. Land Manager Labahn replied, it is pretty limited. A lot is wetlands. Clerk Whelan and Finance Director Brown were asked to work out the timing on a charter amendment. N KENAI CITY COUNCIL FF_RRUARY 1, 1984 Page 13 H-4 Clerk Clerk Whelan opoke. of There was a telephone poll in the packet regarding approval of purchase of parts for a Grader in the amount of $3,741.23. 5 Councilman voted approval, 2 could not be reached. MOTIONS Councilman Ackerly moved, seconded by Councilman Meaalea, to approve the telephone poll as submitted. Motion passed by unanimous consent. b. Clerk Whelan explained the packets are done by the People -Count person. We have had numerous women hired and re-trained under this program. One of their duties is to compile packet material. This explains the problems with the material as distributed. H-5 Finance Director Finance Director Brown explained the audit proposals, as distributed this date. The proposals are for a 3 year period. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to recommend Peat, Marwick & Mitchell for the next 3 year audit. Motion passed unanimously by roll call vote. H-6 Planning h Zoning None H-7 Harbor Commission a. Councilman Ackerly reminded Council of the work session on Feb. 21. b. Mayor Wagoner noted Council had asked Administration to contact Homer regarding the problems between the City of Homer and TAMS. He felt this was getting into a situation that is not good. He asked Administration to cancel the request. Council agreed to the action. H-6 Recreation Commission Recreation Director McGillivray said he had a request, from ARCO to fly a flag regarding the Olympics games. Mayor Wagoner said he had requested the Chamber of Commerce to locate a spot for this one and any others we may acquire. Council agreed to the action. Recreation Director McGillivray was nuked to contact Sue Carter. a KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 14 H-9 Library Commission a. Librarian Deforest noted the Library Comm. will be meeting the some night as the Harbor Comm./Council work session. Clerk Whelan explained she will take minutes of one of the meetings. b. Librarian Deforest noted Chairman Dye has resigned from the Commission. She expressed the appreciation of the Library Comm. and the Library for his work. ADDITIONAL ITEMSs a. Mayor Wagoner noted Commissioner Hanson has resigned from the Recreation Commission. b. Councilman Measles gave notice he would be missing the Feb. 15 meeting. AOJOURNMENTs Meeting adjourned at 1105 PM. Janet Whelan y City Clerk a,�y_of 0 oa* ,