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HomeMy WebLinkAbout1984-02-15 Council MinutesAGENDA ►KENAI CITY COUNCLI. - REGULAR MLLIING FEBRUNRY 15, 1984 - 7s00 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 1. Oscar Thomas, KUSCO - KUSCO Franchise Tax Payment and Other KUSCO Business 2. Russ Harrison, Fitness Center - City in Competitive Prices C. PUBLIC HEARINGS 1. Ordinance 891-83 - Amending Kenai Municipal Code - Building Inspection Requirements 2. Ordinance 914-84 - Amending Kenai Municipal Code - Public Vehicle Commission 3. Ordinance 915-84 - City -Owned Lands Not Required for Public Purpose 4. Resolution 84-15 - Accepting State Grant - let, Birch, 4th Sts., Water do Sewer - $11#624 5. Resolution 84-16 - Transfer of Funds - Ft. Kenay Restoration, Unemployment Insurance Claim - $1,700 6. Resolution 84-17 - Transfer of Funds - Gym Inspection/Testing - $19211 7. Resolution 84-18 - Charter Amendment Restricting Principal Proceeds on Sale of City -Owned Lands S. Renewal of Liquor License - Beverage Dispensary/Tourism - Harborview 9. Transfer of Liquor License - Beverage Dispensary - Kenai Joe's D. MINUTES 1. *Regular Meeting, Feb. 1, 1994 E. CORRESPONDENCE F. OLD BUSINESS 1. Recreation Center Fees G. NEW BUSINESS 1. *Bills to be Paid, Bills to be Ratified 2. *Requisitions Exceeding $1,000 3. *Ordinance 904-83 - Establishing Tenancy Requirements in Airport Terminal 4. *Ordinance 916-84 - Amending Kenai Municipal Code - Restricting Sale Proceeds of Certain City -Owned Lands 5. *Ordinance 917-84 - Amending Kenai Municipal Code - Preference to Purchase Appli^.ants Over Lease Applicants on City -Owned Lands 6. *Ordinance 918-84 - Amending Kenai Municipal Code - Transfer Of Liquor Licenses 7. *Ordinance 919-84 - Finding Certain City -Owned Lands not Required for Public Purposes 8. *Games of Chance & Skill - Eagles 03525 9. *Games of Chance & Skill - Kenai Emblem Club 10. Discussion - Section 36 - Preliminary Plat 11. Air Tek Proposal - Airport Rotating Beacon 12. Discussion - Vacation of Utility Easement - Tract D, Doubenspek S/D 13. Consent to Assignment - Carter to Treat - Concession Area H. REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 0 KENAI CITY COUNCIL - REGULAR MEETING - MINUTES FEBRUARY 15, 1904 - 7%00 PH KENAI CITY A014INISTRATION BUILDING MAYOR TON WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Bailie, Jess Hall Absents Ray Measles (Excused) A-1 Agenda Approval a. Mayor Wagoner asked that Approval of Liquor License for Rainbow Bar, be added as item C-10. b. Mayor Wagoner asked that Bob Bielefeld, Kenai Aviation, be added as item F-2 Council approved the agenda as changed. A-2 Consent Agenda Amendments Councilman Wise asked that item G-1, bill from Mike Touriainen, be deleted from the Consent Agenda. Councilman Wise asked that items G-3, G-4, G-5 and G-6 be deleted from the Consent Agenda. No vote is necessary for deletions from Consent Agenda. MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, for approval cf the Consent Agenda as amended. Notion passed unanimously by roll zgll vote. B. PERSONS PRESENT SCHEDULED TO BE HEAR) B-1 Oscar Thomas, KUSCO - KUSCO Franchise Tax Payment and Other KUSCO Business Oscar Thomas, Vice President, KUSCO. He delivered a check this date for $19,000 to the City Clerk for KUSCO franchise tax; so well as the financial statement for 1983 and other documents. The franchise agreement will expire in 1987. Prior to expiration date, the contract with Union/Marathon will expire. The City can purchase at that time. The City has a 60 day option. There has been much publicity on escalation of well head prices. The concern is justified. People have been coming to him with concern about costs after 1987. He cannot tell them, but it will be higher. They had assumed the supplier will make additional supplies available to these. In spite of a good decal of effort by him, KUSCO has not been able to obtain a firm promine. Enstar in Anchorage has obtained long term contracts at 2 locations. KUSCO feels the best interest would be to have Enstar purchase KUSCO. There could be leas cost, it could provide a solution to an economical fuel supply in the area. He is giving notice of acceptance to the City of Enstar's offer. He introduced Al Kendricks, Operations Manager for the Kenai Peninsula; and Richard F. Barnea, Vice President, F_nuter Corp. - Anchorage office. CITY OF KENAI FEBRUARY 15, 1984 Page 2 Mr. Barnes spoke. He explained that Mr explained the Enstar proposal and KUSCO asked Council fors a. Approval of the transfer of the City franchise. b. Waiver of City option to purchase assets. C. Waiver of City option to purchase the system at the end of the contract (in 3 years). d. Approval of the transaction in all respects. He would like the City to judge the issue on the basis of what is best for the gas consumer - the residents of Kenai. Enstar can offers a. The lowest delivered cost of gas to the consumer. b. A long term gas supplier dedicated to their company, past the year 2000, at a reasonable price. c. The ability to expand into new areas. d. The best service. Their old contracts are at a low price, the new ones have a tie-in that will keep our costs lower than alternative fuels in the area. 61,000 customers on the system is economy of scale. They had 6,000 ten years ago. They deliver 37 Billion ft. of ae per year, 60 or 70 times the needs of Kenai. They have 1120 Million investment in total assets. They have specialty shops in their organization. They have as contracts in Kenai, Beaver Creek, North Cook Inlet Phillips), West fork and Beluga. They have proven reserves dedicated to the system. They have deliverability. The importance is in their peak capacity, they have been able to avoid interruption because they have demanded high deliverability from their suppliers. They have the ability to expand, financially. In 1983 they added 8,000 customers, there are 1,600 total customers for KUSCO. They could provide a supply to Section 36. The larger number of people give them the ability to give good service. They have been in the business of flowing gas since 1961. They are currently supplying some residents of Kenai by Kalifonsky. They have service areas on both sides of Kenai, they want to consolidate their interests. There will be some economy of operation. They would use the KUSCO base as it exists now for Kenai and the North Road, Soldotno and Ridgeway for the rest. They did not expect to lay off anybody. They based purchasing the property as of April 1984, to be complete within 30 days. They should be in the new construction season. They would like to gain PUC and Kenai approval prior to construction season. PUC will want to know what the people of Kenai want to happen. If the City can see e better way, they do not want to be here. They would like to meet in work session. Councilman Wise noted the contract. with the City is 300 per thousand, thin dnen not expire till 1986 or 1987. It cannot be fed into other operators, will KUSCO operate no a separate entity? Will Enoter roll into a contract with Union/Marathon in 19877 Could they extend at that favorable rate? Mr. Barneo replisid, thcy will average the cost. Their Kenai contract will go from 600 to about 400 in 1986 through 1990. Through 1987, their rate will drop down hecause of the 1972 agreement. The purchase ciao ad ju9tment tariff takes sill the gas at a weighted fasts each masith and has an adjusted rate. A regular Usti company doeo not make money on the gas but ur► returned equity. Probably what the CITY OF KENAI FEBRUARY 15, 1964 P arTe 3 commission will ask them to do is take the costs of KUSCU, revenue and assets aiid blend into their system. Their sales price of gas to all customers iri loon than KUSCO, residents are higher, commercial in lower. They are paying $1, KUSCO is paying 350. Economy of sale is the answer. Most likely they will treat Kenai as an Enstar customer and at the next rate case, float everything in. Mayor Wagoner requested City Manager Brighton, Atty, Rogers and Finance Director Brown schedule a work aession with Mr. Barnes, Mr. Kendricko and Mr. Thomas, Councilman Wise suggested a Council work session prior to meeting with Enstar and KUSCO to look at alternatives. Atty, Rogers said he would rather meet with them first to have a basis to work from. Mr. Thomas noted, regardless of who is in charge, they would be justified in going to the community with a 10% increase because they did not obtain their 16: increase lost year. Council agreed to the work session. 9-2 Russ Harrison, Fitness Center - City in Competitive Prices Mr. Harrison said the original reason he asked to speak to — ' Council was to qet his prices the some as the City gym. The City is competing by putting in the some stuff as he has. They built first, but Recreation Director McGillivray told him they planned first. He talked to the Recreation Comm. 2-14-84. He will probably lower his prices to compete. His problem is, he does not want the City to expand any more than they are now. He did not see why they would put more than $1.5 Million when private enterprise can take care of 1� it. He would ask not to have private instructors. tie has those, but the City is cheaper. He asked not to have monthly charges, but membership charges like he has. And also not do any advertising. The Recreation Center started _ out as a Youth Center, but they added racquetball courte.He had no problem with that, but then they put in sauna and hot tubs. He went to the Commission and asked the City to hold off till he got his membership up. He has it up now. The City put equipment in. He is collecting taxes to help put equipment in the Rec. Center. Mayor Wagoner asked if he had instructors with weight training and exercise cl000en. Mr. Harrison replied, the City has aerobics classes, which he _ - has, but did not want full time. Mr. McGillivray told him they are paying utilities and employees with the money they are collecting. Mayor Wagoner said there are no plena to advertise. Co PUBLIC HEARINGS C-1 Ordinance 891-83 - Amending KMC - Building Inspection Requirements MOTIONS Councilman Hall moved, seconded by Councilwoman Monfor, to adopt the ordinance. j There was no public comment. Councilman Ackerly said this does not Solve the problem. Mayor Wagoner agreed, saying the problem has been allowed to be perpetuated to the and of construction. There have been 6 canes in the past. Councilman Ackerly said he did not see the need for additional coot, for a minimal problem of the City. With Huildinq Inspector Hackney's requirement for it plot plan, they will know up -Front what. their plans are. The problem is not that rampant. Mont. now homes require thin CITY OF KENAI FEBRUARY 15, 1984 Page 4 anyhow. At lease P&Z could decide whether to fine or not. Councilman Wise said it is reduntant. The zoning code does this already, we are not using this. If one builder was fined $100 a day, you would hear from the other builders fast. Councilwoman Railie asked if the lender's policy coverage cover this problem if it exists? Councilman Hall replied, the ATG letter in the packet says Farm Home says no os-built is required, but title policy is required. With issuance of title policy, they are responsible if not done right, with a title policy. Atty. Rogers noted, regarding the ATC letter. If he was working with this, he would join with the City in suit. He added, there is a suit coming down that says if the City has a program, there is a possibility of liability on the part of the City. VOTE (failed): Yes$ Hall Nos Monfor, Wise, Wagoner, Ackerly, Bailie C-2 Ordinance 914-84 - Amending KMC - Public Vehicle Commission MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Mayor Wagoner explained the people most affected are out of town and have requested a postponement. That would be April 4 meeting. Atty. Rogers explained the amendments requested are Administrative clean-up. The word "taxi" is changed to "vehicle," and the date is changed to July 1 when the permit expires. The only substantive change was 20.05.1009 that was intuitive anyway. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilman Ackerly, to amend the motion with the substitutes ordinance. Motion passed unanimously by roll call vote. MOTION, Postponements Councilman Wise moved, seconded by Councilman Ackerly, to postpone the public hearing on the ordinance till the April 4, 1964 meeting. Motion passed unanimously by roll call vote. C-3 Ordinance 915-84 - City -Owned Lands not Required for Public Purposes MOTION$ Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Resolution 84-15 - Accepting State Grant - lot, Birch, 4th Sts., Water do Sewer - $11,624 A CIV OF Kc`. Kira i FEBRUARY 15, 1904 Page 5 MOTION$ Councilman Ackerly moved, seconded by Councilwoma+s -13ailie, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-5 Resolution 84-16 - Transfer of Funds - Ft. Kenny Restoration, Unemployment Insurance Claim - $1,700 MOTIONS _ Councilman Ackerly moved, seconded by Councilwoman Sailie, to adopt the resolution. There was no public comment. Councilman Wise asked, what can we do to prevent this from happening? The specific project was short term and we got into unemployment security? Finance Director Brown explained, the employee has coverage going back to certain quarters. The only way to avoid this is to get current full time employees with overtime. Councilman Wise said Municipal League had considerable discussion regarding Davis/Bacon. A lot of communities are going to forced accounting. He wondered if they are exposing themselves to unemployment claims. They do not have to pay Little Davis/Bacon wages. Mayor Wagoner questioned the connection between Davis/Bacon and unemployment. Mr. Brown noted they may be paying taxes so the State pays the claim. Kenai does j not, they pay as they go. In the long run, this auvoo money. He added, unemployment claims by part time employees II coat the City more than overtime. Motion passed by unanimous consent. C-6 Resolution 84-•17 - Transfer of Funds - Gym Inspection/Testing - $1,211 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. --�- There was no public comment. Councilwoman Bailie asked if this woo the final payment for inspection. Public Works Director Kornelis replied, the City did the inspection on the gym, this is for tooting. There was a PO written for testing, but the work exceoded the - amount of the PO. -. Motion passers by unanimous consent. C-7 Resolution 84-18 - Charter Amendment Restricting Principal Proceeds on Sale of City -Owned Lando j1ySjI MOTIONS F, C. Councilman Ackerly moved, seconded by Councilman Hall, to adopt the resolution. There was no public romment . r, a Finance Director Brown explained, thin iu clone at. ` - direction of Council, and accomponieu Ord. 916-84, to be introduced this date. He asked if thi,4 could bo po"tponed till public hearing of the ordinance. The r000lut.ior► ot.at.en CITY OF KENAI FEBRUARY 15, 1984 Page 6 the election will be in Oct. The ordinance would be effective 30 days after passage, to handle sales of next summer, and would be more strict than the charter. If the charter is changed in Oct., it would be covered. If it failed, Council would still have the restriction by ordinance. MOTION, Postponement: Councilman Wise moved, seconded by Councilwoman Monfor, to postpone action on the resolution till March 7, 1984. Councilman Ackerly asked if there was any negative side to this action. Mr. Brown replied, if it is Council intent to run the City with these funds, it cannot be done or, thi3 amount. Mayor Wagoner explained, it is not to run the City, but to not allow this or any Council to expend the funds on something that will indebt the City and impact more. Councilwoman Bailie asked, if the ordinance is passed, are we tying the hands of subsequent Councils? Mayor Wagoner replied, there could be another election. It is harder to amend the charter than an ordinance. Councilman Wise said we have one permanent fund for airport lands, in a contract with FAA. Interest only can be used. Language now exists for proceeds of land sales to go to capital reserve. Mayor Wagoner noted a motion to postpone cannot be debated. VOTE, Postponements Motion passed unanimously by roll call vote. C-8 Renewal of Liquor License - Beverage Dispenear)/Tourism - Harborview Clerk Whelan reported taxes have been paid current as of this date. MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, that a letter of non -objection be sent to ABC regarding the Harborview. Councilman Wise asked if we had a police report. Clerk Whelan replied no. Councilman Wise noted we are not following Code, according to Ord. 918-84 to be introduced this date. Clerk Whelan explained, that is why it is being introduced, to conform with State statutes. Motion passed unanimously by roll call vote. _ C-9 Transfer of Liquor License - Beverage Dispensary - Kenai Joe's Clerk Whelan reported all taxes are current. MO1IQNs Councilman Ackerly moved, seconded by Councilwoman Bailie, that a letter of non -objection be sent to ABC regarding t Kenai Joe's. Motion passed unanimously by roll call vote. C-10 Renewal of Liquor License - Rainbow Bar Clerk Whelan reported taxes are current. A letter, of objection was sent to ABC and will have to be rescinded. CITY OF KENAI FEBRUARY 15, 1984 Page 7 " MOTIONs Councilman Ackerly moved, seconded by Councilwoman Bailie, to send a letter of non -objection to ABC regarding the Rainbow Bar. Motion passed unanimously by roll call vote. MINUTES Minutes were approved under the Consent Agenda. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Recreation Center Fees Recreation Director McGillivray explained, the Rec. Comm. met 2-14. Their recommendations were: a. The weight room remain at $3 at this time. '= b. The young people are using the facilities on the week ends, we are doing baby-sitting. The Commission recommends requiring valid ID from high school and putting $1 fee on Jr. High. A lot of the kids are there all day, this may discourage them. Mayor Wagoner asked if there is supervision on the free weights. Mr. McGillivray replied, anyone using them must have a spotter. The kids are only using the machines. Mayor Wagoner said they should be chained. He asked, what are the ages of the kids? Mr. McGillivray replied, 12, 13 and 14. Mayor Wagoner noted this is the age group this was started to be for. We may have to accept the Pact it is supposed to be for youth. He would rather they were there than on the streets or the Mall. Councilman Wise said if the weight system is improperly used, it should be controlled. There is a liability there. Mayor Wagoner explained he was talking about the bench weights. Mr. McGillivray said they could ' chain them. The kids are running around bothering people, that is the reason for the charge. MOTION: Councilmen Wise moved, seconded by Councilwoman Dailie, to accept the recommendations of the Rec. Commission for Rec Center fees. Motion passed unanimously by roll call vote. F-2 Bob Bielefeld, Kenai Aviation - Lease of Airport Lands Mayor Wagoner explained, this was discussed at work session. Atty. Rogers has made a proposal. MOTION: ' Councilman Ackerly moved, seconded by Councilwoman Bailie, that Administration accommodate the request of Bob Bielefeld 21 to enter into the negotiated lease for airport lands north of the tower with payments to commence as of Feb. 15, 1984 ' with the cost of any required re -appraisal to be borne by lessee. Motion passed unanimously by roll call vote. CITY OF KENA: FEBRUARY 15, 1984 i'ege A G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified (M. Tauriainen Bill) MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to approve the Mike Tauriainen bill for Lawton, Tinker, Walker, Rogers. Councilman Wise said there were engineering costs in the letter to Council regarding liability. Have we been reimbursed for the liability? He asked the over -run be addressed first. Public Works Director Kornelis replied, there was a problem with the corner of Tinker & Lawton. There was a change order. Council wanted to put in water & sewer line on Tinker/Lawton project. Mr. Tauriainen was the inspecting engineer. When we went to put in a sewer line, there was a stub -out in the manhole that was higher than desired elevation. The question of liability was somewhat clouded whether it was the contractor or inspector. When we tied into the sewer line, we had to tear up asphalt, it cost us some money. The information passed out this date shows overrun in inspection fees of $15,000. Mr. Tauriainen feels there is justification for claim based on these 5 points. Administration recommends going ahead and swap claims for settlement. If we go into claims back & forth, we may get into cloudy issues. Mayor Wagoner objected to these things coming up between contractor, designer and inspector. He suggested not allowing design engineer do inspection. Councilman Wise noted if he had not asked for division of the question, it would never have been raised. There may be a claim against the City. Were they submitted in a timely manner? If the engineers submittal was valid and they are wrong, they have E&n insurance for us. Mr. Kornelis explained the stub -out on the corner was not part of the design. We were in the construction phase when Council asked to have a stub -out coming out of the corner of Lawton & Tinker. Administration recommended against it. We had an inspector do the design work. He used as -built drawings that were old, and had one stub -out in the manhole. The contractor hooked into the higher stub -out that was not shown. Administration had a meeting with the inspector. Mayor Wagoner asked if they took the top off the manhole to see what was inside. Mr. Kornelis replied, evidently not. It is 15 ft. deep. Councilman Wise asked, were the claims timely and were they acknowledged? He added, if he had not asked for division of the question, we would have paid off. Councilman Ackerly said he is concerned as to how much he should know and how much he should not know. Sometimes people stop him on the street and know more then he does. He does not know what to ask at meetings. How for does his responsibility go as a Councilman? Finance Director Brown explained, we are not paying $15,000 over. We are paying Lhe contract only, not the overage. Councilwoman Bailie asked, were those stub -outs close enough. If you lay lines, it should be close to the stub -out. Mr. Kornelis replied, in this coos, all they were doing was taking existing lines and dead -ending. We had to lower when they found out it we -- too high. Mayor Wagoner asked, at what level did they hook, what level was the engineer's estimate, and what was the difference? P hil Bryson explained there was about 4 ft. difference, 8 ft. to 12 ft. Mayor Wagoner asked Administration to make a report why the contractor went down 8 ft. and what the engineer told him in the first place, the processes that led up t,) thiu and if Administration feels there was any negligence on the part of the contractor. Council agreed to the request.. CITY OF KENAI FEBRUARY 15, 1984 Page 9 G-3 Ordinance 904-84n A.rww� - qJ�-�•is�9^�'1i.•".t''21:"j/�'Vr►nasfAs'8I1�8 �4'�wb�.�ri.inG �t{KiI'trNt-v►�5, in TT.•pLr� Tt�r.. Aw` . MOTIONS vo JJ Councilman Wise moved, seconded by Councilwoman Bailie, to introduce the ordinance. Councilman Wise questioned the language. On 14.050, who else but Council would approve? MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance, section 14.010, section 14.030, section 14.040, the word "designed" be changed to "designated." Airport Manager Swalley explained, 14.050 was put in to preclude any permanent or long term temporary use. 30 days was arbitrary. Administration has handled short term, long term would have to come to Council. MOTION, Amendment: Councilman Wise moved, seconded by Councilwoman Bailie, to change 14.050 to read, "No temporary non-profit or public service activity shall be operated in excess of 30 days without approval of Council." VOTE, Amendment (Passed): Yeas Monfor, Wise, Wagoner, Hall Nos Ackerly, Bailie VOTE, Main Motion as Amended (Passed): Yess Monfor, Wise, Wagoner, Ackerly, Hall Nos Bailie G-4 Ordinance 916-84 - Amending KMC - Restricting Sale Proceeds of Certain City -Owned Lands MOTIONS 'P Councilman Wise moved, seconded by Councilwoman Bailie, to introduce 1-he ordinance. Councilman Wise questioned the provision that dedicates proceeds to capital improvement reserve. He would prefer to go further and restrict investments. Finance Director Brown replied, it. does. Councilman Wise said this would establish a permanent fund, but. the proceeds go to the general fund. We are tying up the money but we are restricting 1 availability of capital funds for the City. Non -recurring revenue should not be used for operation of the City. A restriction exists because of that. We have needs for water a sewer and roads. That is what proceeds of sale of City lands go for currently. We have a mini -permanent fund with the airport, he agrees with that. But we may be tying up moneys that could be better used. We know there will be a _ sharp reduction in capital improvement funds from the State. This is a +Soul searching issue and should be carefully analysed. Mayor Wagoner noted the difference between this account and FAA account is, the FAA account is not ► '," reversible by Charter amendment. tie added, putting moz"ys into capital fundri or one time use isr not vonsiderate to future taxpayers. Councilman Wise said if we do major .. improvements to Section 36, we may not have funds to to this. Mayor Wagoner said we have $3.6 Million in unallocated fund balance to do what we need. g c CITY OF KENAI �EBRUARY 15, 1984 PRge 10 VOTE (Possed)s Yess Monfor, Wagoner, Ackerly, Bailie, Hall Not Wise G-5 Ordinance 917-84 - Amending KMC - Preference to Purchase Applicants Over Lease Applicants on City -Owned Lands MOTION: Councilman Wise moved, seconded by Councilman Hall, to introduce the ordinance. 3 Councilman Wise noted in the first WHEREAS, that is not the i intent of the City to sell City -owned real property. It is to see it is used in development. Selling land is not the only way for it to develop. He objected to the lessee not having preference to lease or buy. If a person wants to lease or buy, it sh,;uld be 1st come, 1st served basis. Mayor Wagoner notel, when the City hired Land Manager Labohn he was told the City wished to divest themselves of land in the City. Councilman Wise said a lease with substantial improvements has the right to buy, if not it is up to bid. Atty. Rogers noted if a lease applicant fills out an application and a person files over him with a sale application, this would give precedence to the sale. At the - sale, the second one to file would have priority even if it is not the best bid. He suggested the lessee have priority by 1st initiator. Substantial improvements may be made, but may be less than the application. Mayor Wagoner asked that a substitute be submitted at the next meeting. Councilman Wise objected, saying the public cannot object to a substitute ordinance. Mayor Wagoner explained, it would go out in the packet for distribution. MOTION, Tables Councilman Wise moved, seconded by Councilwoman Bailie, to table the ordinance. Motion passed unanimously by roll call vote. G-6 Ordinance 918-84 - Amending KMC - Transfer of Liquor License MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to introduce the ordinance. Councilman Wise asked that the ordinance be changed to read, a public hearing will be held if the Clerk or Police feel it is necessary for reasons of taxes or public nuisance. Atty. - Rogers suggested not enumerating the problems, but stating. - - for any problem. MOTION, Amendments �Ci-`` Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance, Section 1, Delete the lot sentence beginning "It is determinod---" to the 4th line, to the word "therefore." Begin the sentence with "A public hearing ---" VOTE, Amendments �a ji Motion passed unanimously by roll call vote. �sa�ar.�.-.s ... ..ter.... ,...f�.. L5FJf8C•93GLS_Z�+.Y.ri.M �� �� d '/ CITY OF KENAI FEBRUARY 15, 1984 Page 11 VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. G-10 Discussion - Section 36 - Preliminary Plat Land Manager Labahn explained this has been referred by P&Z and will go to Borough P&Z. Councilman Wise suggested the f100 ft. setback from the bluff should be planned into it. Mayor Wagoner replied it will be by convenant. Bruce Robson, McLane A Assoc., explained it can be on the plat as a building setback. The minimum is 200 ft. This is a concept that will go to the Borough and can be changed again. Councilman Ackerly asked if the 'brochure was started. Mr. Labahn replied he would have it for the March 7 meeting. G-11 Air Tek Proposal - Airport Rotating Beacon Airport Manager Swalley explained he had recommended going to radio control. In reviewing it, he felt the power cable was better. The $7,000 figure is still accurate. Finance Director Brown noted it would require a bid. MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the contract with Air Tek for airport rotating beacon for $2,160. City Manager Brighton noted that it would not be on the emergency generating system. If the power goes out at the airport, this will not go on. MOTION, Withdraws Councilman Ackerly moved, with consent of second, to withdraw his motion. MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to prepare specs and bid documents for an underground cable system. Public Works Director Kornelis suggested going directly to the wholesaler for a price break. Mayor Wagoner replied he would prefer it going to Council and not avoid the bidding process. Airport Manager Swalley suggested using City people for back fill and City vehicles for removing taxiway covers. That will reduce the cost. MOTION, Additions Councilman Wise moved, with consent of second, to make this subject to review by Administration for the most effective program. Motion passed unanimously by roll call vote. G-12 Discussion - Vacation of Utility Easement - Tract D, Doubenspek S/D MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, for approval of tho vacation request. ..; CITY OF KENAI FEBRUARY 15, 1984 Page 12 Councilwoman Bailie asked, where to the alternate easement? Land Manager Labahn replied, C St. will be replaced by Tern Ave. He suggested the small portion labeled HEA Substation not be vacated. The Tarn Ave. corridor will be for utilities. Motion passed unanimously by roll call vote. G-13 Consent to Assignment - Carter to Treat - Concession Area MOTIONS I Councilman Wise moved, seconded by Councilwoman Bailie, to approve the request. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager i City Manager Brighton spoke. s. He noted the requestfor assessment district for Camai Subdivision. b. Regarding the information item #17 in the packet, a request from Kenai Community Care Center for a grant. He will need Council advise. c. Regarding the information .item #15, ADEC grants. Public Works Director Kornelis reviewed. They submitted 8 grant requests to ADEC. They assign the priorities. We are on the list for water in Thompson Park. The Legislature did not give ADEC anything last year, they wanted to go direct grants. ADEC feels they have a good possibility of getting funds this year. They would fund 1/2 of the water for Thompson Park. We have finished engineering of Thompson Park. City Manager Brighton asked, do we go ahead with Thompson Park or make an effort to slow down on the chance we will get the funds? His recommendation is to go forward and forget it. Councilman Wise noted there would not be any money available till July 1. Mayor Wagoner explained the funds would be for construction only. Mr. Kornelis added, it could pay for engineering. Mayor Wagoner noted Council already decided not to do water do sower there. With no motion, we will go on as proposed. Councilman Wise asked when will Council get the report on Thompson Park. Mr. Kornelis replied, he has received the preliminary figures. Mayor Wagoner asked that a copy be sent to all Councilpersons. City Manager Brighton explained, we are not telling ADEC we do not want the money, we are not taking our name off the list. No action was taken by Council. d. The Resource Development Council is meeting 2-15 and 2-16 in Anchoraye. The Soldotne Council is attending. The discussion is on natural resources and endeavoring to deal with Pacific Rim countries. e. He thanked Council for the flowers. —.���-�`- �._ � - - - - at�.x+sila�rn..�armr rm� ��.. ^rnaal�d:�� r���---•- r —' -z�= � - " - - - •- v� CITY OF KENAI FEBRUARY 15, 1984 Page 13 H-1-b Request from Community Care Center. There are a lot of not -for -profit groups that need help. We should be cautious as to which ones we grant. They may all be in asking for funds. He added, they paid for their real estate. Mayor Wagoner noted we have been a pass-throuqh agency to this point. No action was taken by Council. H-2 Attorney Atty. Rogers spoke. s. The memo regarding the franchise agreement passed out this date. He will mail it to APUC, City of Soldotna, and Atty. Berns on 2-16 and ask for comments. b. He and City Manager Brighton had productive meetings in Juneau. They met with Sen. Kerttulla, Gov. Sheffield, Ray Gillespie of the Governor's office, Rep. Adams, Rep. Malone and Sen. Gilman. We are candid in that we are trying to do what they cannot do. c. He attended the airport ramp extension hearings in Juneau. He spoke to Rep. Cato. d. The Utility Relocation hearing is in committee, will be heard on Feb. 21. He will attend. He did not know if we can prevent this, it is heavily loaded. The committee said we are the reason for this. He confined his discussions to the law and that it is unfair to put the load on us. It is unfair that it is going to APUC for determination. Under the Bill, Cable TV would be reimbursed 100% for relocation. They are unessential. Cable TV had made a substantial contribution to committee members, he is making a study. at Councilman Wise asked if Atty. Rogers was watching Matanuska Susitna Borough. Atty. Rogers replied he has received the briefs. We should investigate the status of the suit. (NOTES This is referring to Metunuske/Susitna vs State of Alaska, school appropriations.) H-3 Mayor None H-4 City Clerk Clerk Whelan noted memo distributed this date regarding destroying of ballots for Oct. 5, 1982 election. H-5 Finance Director Nune H-6 Planning b Zoning Councilman Wise reported they approved 2 plats, had a work session regarding the zoniny code, discussed recodifying the Borough Code Mayor Wagoner asked if Mr. Carignan had been notifed regarding his position on P&Z. Clerk Whelan replied yes. I • i I rl r- CITY OF KENAI FEBRUARY 15, 1984 Page 14 H-7 Harbor Commission Councilman Ackerly reminded the Council of the joint work session on Feb. 21. H-8 Recreation Commission Recreation Director McGillivray spoke. a. At the last meeting, the Commission discussed rec center fees and budget. They also discussed changing the name of the Ryans Creek Fitness Trail, per memo distributed this date. MOTIONS Councilwoman Bailie moved, seconded by Councilman Ackerly, to change the name of Ryans Creek Fitness Trail to Bernie Huss. At the some time appropriate funds for signs. Mr. McGillivray noted they had monies in the fund, so it will not have to come out of City funds. Motion passed by unanimous consent. b. The parks report requested by Council was reviewed by the Commission. They will submit to Council in March. F-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1 Councilman wise. At the Municipal League Legislative Committee meeting they discussed: Be Funding for joint revenue sharing/municipal assistance b. Title 29 codification d. The Little Davis/Bacon Act. Municipal League has commented, discussed with Dept. of Labor. They suggest letting communities set their own wage rates so a pilot project. DOL is considering. as Rep. Fritz was chairman of C& RA, he had his assistant put together a synopsis regarding Title 29 revisions. It is available in Juneau. He hoc a copy. It is what we need to push on. There will be hearings, only on the amendments (about b). I-'L Councilwoman Bailie asked Airport Manager Swalley, the airport was closed down for 2-3 hours recently for snow removal. This hoe never happened before. One flight was diverted to Soldotna, why? Mr. Swalley explained, there have been 2 accidents recently and several close calls of snow removal equipment on runways. We have no control when the tower is not open. lie sent a letter to users that the senior maintenance person has the right to close if necessary. This was the lot instance of thin new procedure. It was closed an excessive amount of time, it will not happen again. It was done in the interest of safety. Councilwoman Bailie asked if Anchorage is notified when this happens, Mr. Swalley replied yes. This would only be when the tower is not manned. Councilwoman Hailie naked if it could be done during the day. Mr. Swalley explained, when the depth is a certain amount, it has to he removed, no matter what time. 1 I CITY Of KENAI FEBRUARY 15, 1984 Page 15 I-3 Mayor Wagoner. Something has to be done about the cars parked in front of the airport overnight. Th9y are not being towed away. The employees are parking there also. Mr. Swalley replied, signs have been requested to post the area. ADJOURNMENT: Meeting adjourned at 11 s 10 PM. Inet Whelan City Clerk APPROVED BY COUNCIL 3 I - 8y, a'. 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