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HomeMy WebLinkAbout1984-06-06 Council Minutes` AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 6, 1984, 700 PM WORK SESSION - 600 PM PLEDGE OF ALLEGIANCE A. ROLL. CALL j1. 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 agendas as part of the General Orders. Be PERSONS PRESENT SCHEDULED TO BE HEARD r � - C. "A*40- 4186Ffl gor PUBLIC HEARIN 4 1. Ordt.,ance 936-84 - Establishing Assessment District - 1 Stellar Drive, and Authorizing Appropriations - $101 ,400 2. Ordinance 937-84 - Adopting Annual Rudget, 1984-85 3. Ordinance 938-84 - Establishing Assessment Fund - Inlet Woods, and Authorizing Appropriations - $2,500,000 4. Ordinance 939-84 - Increasing Rev/Appns - Museum e Donations - $19000 R 5. Resolution 84-60 -. Establishing Terminal Lease Rates and a Fee Schedule for Fiscal Year 1984-85 6. Resolution 64-61 - Fixing the Rate of Levy of Property 9 Tax for the Fiscal Year July 19 1984 and Ending ; June 30, 1985 7. Resolution 84-62 - Directing the Continuation of the Inlet Woods Assessment District 8. Resolution 84-63 - Directing the Continuation of the Stellar Drive Assessment District 9 "No Parking" on Main Street D. MINUTES 1 1. Regular Meeting, May 169 1984 'i i E. CORRESPONDENCE F. OLD BUSINESS 1. Appraisal & Acquisition of 80 Acres for Float Plane Basin 2. Wade - Gusty Subdivision Lease Approval G. NEW BUSINESS 1. *Bills to be Paid, Hills to be Ratified 2. *Requisitions Exceeding $1,000 3. Ordinance 935-84 - Repealing & Re-enacting KMC Title 3, Animal Control 4. *Ordinance 941-84 - Amending KMC Title 69 Elections 5. *Ordinance 942-84 - Increasing Rev/Appns in 1984-85 Jail Budget by $88,000 for July 1, 1984 Through September 30, 1984 6. *Ordinance 943=-84 - Increasing Rev/Appns in three Street Capital Project Funds 7. *Ordinance 944-84 - Amending KMC 1.75.010 Relating to Interest Charged on Assessment Districts S. *Ordinance 945-84 - Finding that Certain City -Owned Lands are not Required for a Public Purpose 9. Proposal for "Welcome to Kenai" Sign 10. Discussion - FSS Facility Lease 11. Discussion - Lake, Marine, Granite Point, & FBO, Additional Services - Designs Add Incorporating Main Street Loop 12. Discussion - lot & 2nd Street Additional Services - Inspection 13. Discussion - Assignment of Lease - Beluga Development to Alaska Steel 14. Discussion - Assignment of Lease - Roger Noll to Peninsula Savings & Loan 1 H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 4 .. e -- KENAI CITY COUNCIL, REGULAR MEETING, MINUTES JUNE 6, 1984, 7s00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Wise, Wagoner, Ackerly, Bailie, Hall, Measles, Monfor A-1 Agenda Approval B-1 - Carmen Gintoli was removed from the agenda. He will make a presentation at the 6/20 meeting Don Graham was added under Persons Present Scheduled to Be Heard F-1, Float Plane Basin, was removed from the agenda G-15, Lease Amendment on Dan Pitts, was removed from the agenda Q G-2 Purchase Order for rental of equipment for $1,560 from Saltz was added e O A-2 Consent Agenda i MOTIONS Councilwoman Bailie moved, seconded by Councilman Ackerly, to approve the Consent Agenda as submitted. MOTION, Amendments Councilman Wise moved to delete G-6 from the Consent Ayanda. i 2nd and vote are not required for deletions from Consent Agenda. Motion passed unanimously by roll call vote. i B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Donald D. Graham, Box 416, Kenai, Alaska. He received e letter from the Finance Department on a special assessment totalling $3,085.57. The letter stated that if he did not pay this amount within 20 days foreclosure would result. He came to the City in 1958. When the City incorporated he did - not want to get into the City. Later the City put in water in his area. He attended the public hearing on this and was ' one of the people that protested. The next day he received a bill in the mail. Another person at the hearing received his bill the same day as the hearing. The former Council did not treat them fairly. Mr. Graham stated that he also received a letter from the State saying they would not rehire him as a teacher because he was over 65. He does not have the money to pay this. Does not feel he owes this as he has not used the services. Mayor Wagoner asked if the purpose of his presentation was to as:f Council to waive the assessment bill presently owing. Jon Graham stated that he hasn't used them. Mayor Wagoner stated that there are a lot of people charged for water and sewer without using it. This assessment was litigated in court. A class action suit was brought against the City by some individuals, it was settled, and the City was allowed to go ahead with the assessment district. The Council does not have the authority to alleviate this problem. II. KENAI CITY COUNCIL June 6, 1984 Page 2 Attorney Rogers said the Code states that when property is situated near water and sewer, they are charged for this service whether they are hooked up or not. The property value has increased because of these services being available. He referred Mr. Graham to KMC 1.75.010(a) and (b) on the penalty and interest charged on this assessment. Mayor Wagoner suggested Mr. Graham talk with Mr. Brown in the Finance Department. Attorney Rogers suggested that Mr. Graham pay the amount under protest now to avoid any further penalty and interest and if the City found a refund was in order, he would get his money back. Mr. Graham said he would be out of town July 4 through July 25. He will make arrangements to see Mr. Brown. C. PUBLIC HEARINGS C-1 Ordinance 936-84 - Establishing a Special Assessment Fund entitled "Stellar Drive". 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-2 Ordinance 937-84 - Adopting the Annual Budget for 1984-85 MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. PUBLIC COMMENTS { Father Targonsky objected to the adoption of this ordinance unless the City included $2,000 to the Russian Orthodox Church for a tour guide. He has volunteered in the past but can't volunteer this season. He needs a job to support his family but if he were given a salary, he would rather be the tour guide for the Church. Since the Church has been named a historical society, it would be to the benefit of the City to grant his request as it is a tourist attraction. About 2,000 people tour the church a year. Mayor Wagoner suggested charging $1 for the tour but Father Targonsky said the church decided they did not went to charge anything. Mayor Wagoner said the City hoe to be conservative on requests of this nature because if they granted one, they would have to grant these for everybody. He suggested going to tLe Chamber of Commerce but Father Targonsky said that the Chamber was on a small budget and could not help him. No further public comment. Motion passed unanimously by roll call vote. C-3 Ordinance 938-84 - Establishing a Special Assessment Fund entitled "Inlet Woods" in the amount of $2,500,000. MOTION: Councilman Measles moved, seconded by Councilman Ackerly to cdopt the ordinance. i I e, I i 1) I KENAI CITY COUNCIL June 6, 1984 Page 3 PUBLIC COMMENT: Mike McLane gave a presentation regarding this subdivision. His maps showed some of the other subdivisions they have done in the past. Their subdivisions include underground utilities and covenants. The L.I.D. program is a good way to provide utilities. Inlet Woods will include paving, curbs and gutters, street lighting and protective covenants on tree removal. With the Tesoro plant expansion forthcoming, the City will need another large subdivision. The relative cost of the L.I.D. is 58% of the proposed sale price of the lot. We would like to get a 20 year payback. City Manager Brighton said we are not limited to a 10 year payback. The bonds would be sold on the basis of how long the payback period was. Mike McLane said the builders are responsible for the assessments as they run with the land. City Manager Brighton said we asked the citizens of Kenai for the right to sell $4 million in bonds. If we use that amount, we will ask the citizens for another $4 million bond issue. Councilmen Measles said that on a 20 year bond it would affect the City's ability to sell the bonds and it would be at a higher rate. City Attorney Rogers said that we changed the Code and are passing those costs on to the assessment district. Mayor Wagoner wanted to know if we would have to come back with another ordinance getting Council's approval to sell $2.5 million in bonds. City Manager Brighton said that a resolution will only have to be drafted. Motion passed unanimously by roll call vote. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman Monfor that we consider a 20 year schedule for the repayment of the individual assessments on this L.I.D. that is being set up. VOTE (Passed): Yes: Wagoner, Ackerly, Bailie, Hall, Measles, Monfor No: Wise C-4 Ordinance 939-84 - Increasing Rev/Appns - resulting from a $1,000 Donation to the Museum 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-5 Resolution 84-60 - Establishing Terminal Lease Rates and a Fee Schedule for Fiscal Year 1984-85 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-•6 Resolution 84-61 - Fixing the Rate of Levy of Property Tax for July 1, 1984 to June 30, 1985 i ft1 KENAI CITY COUNCIL June 6, 1984 Page 4 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Resolution 84-62 - Directing the Continuation of the Inlet Woods Assessment District MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENT: Tony Doyle wanted to know if there would be access through a continuation of Forest Drive along with another road. Mike McLane said they were going to check with the owner to see, also they were going to provide a secondary access into the subdivision. Motion passed by unanimous consent. C-8 Resolution 84-63 - Continuation of Stellar Drive Assessment District MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilman Ackerly wanted to know if we require like improvements in subdivisions such as lighting. Since this project is a continuation it doesn't include lighting. City Attorney Rogers said that we could require this before we approve an assessment district. Councilman Measles asked if we could adopt this resolution pending street lighting additions. Attorney Rogers said that since this assessment district has already been approved, the additional expenses of lighting would have to be absorbed by the land applicants and if the price was higher, it might cause them to withdraw their applications. City Manager Brighton said there was one street light at the end of Stellar. It was the direction of Council to have Land Manager Labahn review each time a subdivision comes before Planning & Zoning as for as if lighting is provided in the subdivision. Motion passed by unanimous consent. C-9 Discussion - "No Parking" on Main Street Mayor Wagoner said that a notice was sent to all interested persons on Main Street along with a notice in the newspaper of this public hearing. Councilman Measles wanted to know if this would have to be done by ordinance and City Attorney Rogers said that there ire a section in the Code that refers to restricted areas of no parking so no ordinance would be required. KENAI CITY COUNCIL June 6, 1984 Peas 5 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, that off street parking on Main Street from the Spur to Peninsula in the City of Kenai be prohibited. PUBLIC COMMENTS Clarence Ladd, Box 14049 Kenai. He said he has been concerned about parking on Main Street for some time. It is unsafe for cars & school buses to park there as the Fire trucks can't get through. He said there are a lot of vacant lots that perhaps the people could park in instead. Said no parking should be extended to Cook as there is a bottle neck at Peninsula and Cook. Ron Malston spoke opposing the no parking recommendation. He did not feel it was a hazard. 'here are businesses along Main Street that don't have off' street parking. If customers can't park on the street, they will use his parking lot. Councilwoman Bailie wanted to know which businesses did not have off street parking and Ron Malston said the insurance agency only had a small parking area and the Rainbow Bar had no off street parking as the parking lot next to the Rainbow Bar belongs to him. Mayor Wagoner said that the City Manager requested the Public Works Department submit a grant to the Federal Government as a type of urban renewal project to look at some of the small lots in the Old Town area and see if the City could buy these lots and reuse them for off street parking. He asked Mr. Malston if that would be feasible to try and Mr. Malston said it would be a good idea. Mayor Wagoner said that if off street parking were provided and Main Street was deemed to be a safety hazard with parking on both sides of the road, we would prohibit parking on one side only and still have parking available for customers. City Manager Brighton wanted to know if Chief Ross had expressed a concern on safety along this street. Public Works Director Kornelis said that during snow removal the City had a problem. Councilwoman Bailie said she found it extremely dangerous to go onto Main Street passed the Rainbow Bar and said that she had to pull out into the road in order to see if there was any traffic coming down Main Street. She felt that off road parking should be extended all the way to Cook. City Manager Brighton said a compromise to the parking problem would be to restrict parking on one side only. There are several businesses along Frontage Road that have no parking and use Frontage Road for their customers. If we restrict parking along Jain Street it may be detrimental to businesses in the same area. We need to treat all the businesses as equally as we can. Mayor Wagoner said the Police Chief and Fire Chief should prepare a short term study if there are any safety problems or hazards along Main Street and present this to Council the first week in July. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Beilie, to amend the motion to extend the area from Spur to Cook and ban parking on the west side of the street. Councilman Ackerly said school buses should not be allowed to park along Main Street. KENAI CITY COUNCIL June 6, 1984 Page 6 Pat Porter used Main Street for 7 years when the Senior Center was in that area. The only place she felt was dangerous was Overland going onto Main Street. School buses are a particular problem as you can't see around them. Ron Holston said that if you prohibit parking on the west side you do not leave many parking areas on the east side as there are many driveways along the east side. (When the Deputy Clerk read back the motion, she read it as "bar" parking instead of "ban" parking) Councilman Measles said we should change a word in the Motion from "bar" parking to "prohibit" parking. VOTE, Amendment (Failed)s Yess Wise, Bailie, Measles Nos Wagoner, Ackerly, Hall, Monfor MOTION TO TABLES Councilman Measles moved, va .onded by Councilman Ackerly, i to table the motion until we get the report back from the r Police Department. Motion passed unanimously by roll call vote. D-1 Minutes of the Regular Meeting of May 16, 1984 Mayor Wagoner said this should have been on the consent agenda. The only change was that Councilman Ackerly requested that item #6 on page 16 be deleted as he is present at this Council meeting. Then he changed it so say the June 20th meeting. Minutes were approved with that one correction. F-2 Lease Application - Wade - Gusty Subdivision Lease Approval Mayor Wagoner said that after reading the memo from Land Manager Lobahn end the action taken by the Planning 6 Zoning Commission, it would behoove us to have a work session with P do Z next week, if possible. The Council has taken a firm stand on landscaping plans and other items pertaining to development in the City and we should get together with P & Z for a discussion. June 27 at 6 p.m. was set for the Mork session. The subject of the meeting is landscaping approval versus occupancy permits; and Section 36. The City Clerk will send a notice prior to the meeting. City Manager Brighton questioned if the Wade lease ap- plication had to go before P & Z again at this work session. Mayor Wagoner said that it did not but their landscaping plan was poorly identified. We need to have consistency in submittals. MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor for approval of Lease Application Tract B, Gusty Subdivision #2 for Jesse and Catherine Wade. VOTE (Passed): Abstains Wise Yes: Wagoner, Bailie, Hall, Measles, Monfor Not Ackerly i KENAI CITY COUNCIL June 6, 1984 Page 7 G-1 6 G-2 were approved under Consent Agenda G-3 Ordinance 935-84 - Repealing 6 Re-enacting KMC Title 3 Animal Control MOTIONs Councilman Ackerly moved, seconded by Councilman Measles, for introduction of Ordinance 935-84 Mayor Waguner said that the City Attorney suggested several wording changes. In the title the end of the third sentence should read "and add additional violations". In the third Whereas, change "a" maximum fine to read "an increased" maximum fine. Page 3, Section 3, (a) should reads "Mandatory Court Appearance shall be required". The last change suggested was on page 6, (3) should read as folio wss "When the public safety is in jeopardy, the Chief Animal Control Officer or his designee may capture or destroy an animal by any means. The balance of the sentence was eleted. MOTION, Amendments Councilman Ackerly moved, seconded by Councilman Measles, to amend Ordinance 935-84 to include the suggested changes in semantics by the City Attorney. Public Works Director said we asked for a public hearing at this meeting since Animal Control Officer Godek, will not be here for the 2nd hearing on the 20th of June. We have advertised this ordinance in the newspaper. PUBLIC COMMENTS Frank Getty, 208 Candlelight, Kenai. His dog got snarred with a wolf snare with practically decapitated him. He called Al Thompson from Fish 6 Game. If children were going through there cross country skiing and got trapped in the snare, they could not release themself and would die in the cold. It is very important that the banning of trapping within the city limits be included within the animal control ordinance. Bill Godek, Animal Control Officer. Under Section 1, he stated that impoundment needs to be defined, especially the kinds of animals we r.an seize such as a vicious animal. He asked that Restrain be changed to include "under competent voice control" on the owner's property, so that an owner has better control over his animal. Under Section 2, Penalties, he would like to see the maximum fine re s_ed_T_o-$300. Under the present code, if the owner so chases, he can pay a $25 fine and not go to court. Section 3, He would like to see a Mandatory Court Appearance na pin the Code for the second offense. He would also like all vicious dogs and cruelty cases to be heard in court. Under Section 4, Fees, Animal Control Officer Godek would like to have the first time impoundment raised to $35 for a dog and $10 for a cat. If in a 12 month period the animal is picked up again, the fine goes up to $50/dog and $20/cat. Under Section 5, Cruelty to Animals, snares should be outlawed in two-7 Fy 1mits. We need to change Animal Harrassment so that the violation would be a mandatory court appearance plus a stiff fine to stop animal harrassment. Section 6s Rabies vacinations are given when the puppy is 3 mom s, and dog license is given when the puppy Is 6 montho. He would like to make this uniform and cange it to 3 months for a dog license. Section 7 Methods of Impoundment, He would like to add that an ma s con be captured by means of a baited cage. These are monitored by the people who requested them, and they are like having an Animal Control Officer on duty at their house 0 KENAI CITY COUNCIL June 6, 1984 Page 8 for 24 hours a day. On Remote Ccpture, he would also like to see the use of drugged bait. This is used only when we can't catch the animal and is a threat to the public, i.e, a 1 dog on the runway; or on stray dogs. He would like to have this defined. Councilman Ackerly wanted to know if the State had been contacted regarding prohibiting trapping within the City. Animal Control Officer Godek will check with Al Thompson of Fish & Game. Frank Getty said that he already contacted Al Thompson who said it is in the state statutes already. Mayor Wagoner commended Animal Control Officer Godek for a i job well done. a j G-4 and G-5 - Approved under Consent Agenda G-6 Ordinance 943-84 - Increasing Revenues and Appropriations i in Three Different Road Projects i i MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to introduce the ordinance. MOTION, Amendments Councilman Ackerly moved, seconded by Councilwoman Bailie, to amend Ordinance 943-84 to include Main Street Loop in the ---=� project inserted after FBO Road in both the body of the ---- Ordinance as well as the title. Motion passed unanimously by roll call vote. Councilman Wise would like to see the water and sewer assessed on the second project at least in part. He feels i - that Aliek needs work done on it more ::han VIP. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to delete VIP and substitute this for East Alisk. City Manager Brighton said we have already received money from the State for the road work. We changed the priorities on the projects. The engineering is completed. If we hold off we will not be able to get work done on Highbush until =- next year. We put VIP on the list because we had the money -. to cover that project. The Finance Director said we had $2219000 remaining from other projects and by adding the 1.4 million given, we could accomplish these road projects this year. After we picked up everything that was already engineered, we had approximately $500,000 left which is why we picked VIP, which is not engineered. City Manager Brighton suggested that we should amend the ordina:ice by eliminating VIP and have the Public Works Department put figures on each one of the streets in this Area and bring this report back to the next Council meeting for your review. ' Mayor Wagoner asked Public Works Director Kornelis if we broke these projects up if there would be an additional cost, to which he replied there would be at least a 15% increase. z� - a i I r w 11' KENAI CITY COUNCIL June 6, 1984 Page 9 Councilman Wise said that along with East Aliak being an impossible road so is Swires and he would like the Public Works Department to bring back engineering estimates to the Council at the next meeting. Perhaps we can find additional money. Mayor Wagoner wanted to know if either the South Highbush project or VIP were engineered. Public Works Director Kornelis said they were not, but if it were engineered either one of them could be substantially completed this year since there is no paving involved in either project. VOTE, Amendment (Passed)s Yess Wise, Ackerly, Bailie, Hall, Monfor Nos Wagoner, Measles City Manager Brighton said that the ordinance as amended cannot be funded as we do not have the money. Councilman Wise said the amendment was specifically for East Aliak, but he would expect Administration to do an estimate on what the cost of the whole project would be. He would like to see Swires added. City Manager Brighton said that at the next Council meeting the Administration will have prices on the engineering costs for South Highbush, Davidson, Bumblebee, East Aliak, Swires, .and Highbush. Mayor Wagoner said that the Council should not have to be the one to make the decision that it :should be the recommendation of Admin- istration as to how for the money will go. MAIN, as Amendeds Motion passed unanimously by roll call vote. G-7 and G-6 was approved under the Consent Agenda. G-9 Proposal for "Welcome to Kenai" Sign City Manager Brighton said that the person proposing the sign gave us three designs to pick from. We would be looking at redwood at $64 a square foot; for instance, sign #1 would cost approximately $3,600. Mayor Wagoner said that a nice base should be added for the sign. We will have a battle with D.O.T. to put up the sign as we need a permit. There is a state sign on the highway presently. He would like to see the new sign located where the old one used to be. Councilwoman Monfor said simplicity should be the key with flowers used to accent it. MOTIONS Councilwoman Monfor moved, seconded by Councilwoman Bailie, to accept the second sign as our "Welcome to Kenai" sign and design a base to hold some landscaping. Motion passed unanimously by roll call vote. G-10 FSS Facility Lease City Attorney Rogers said he had been in contact with the FSS people. He has written assurance that they will take over maintenance for the second 20 year term. We had two choices to give them fee interest, or the option of renewing for another 20 years. City Manager Brighton opted for the second 20 year term. The Administration and the Legal Department recommend that the Council accept this contract. Mayor Wagoner said he did not know what the value of a building would be after 40 years and said it might be better for the City to give them a buildiny. tie didn't think we KENAI CITY COUNCIL June 6, 1984 Page 10 should give them 20 years of maintenance. Councilman Measles wanted to know if it was stipulated in the contract that the building had to be a flight service station and City Attorney Rogers said he believed it was. He also said that the renewal option for the second 20 year term was on the same terms as the first contract and to do otherwise would not be in the scope of the agreement. If this facility had to go for rebid, we might not be able to get it. MOTION: Councilman Ackerly moved, seconded by Councilman Measles, ,. that the City of Kenai enter into a 20 year lease with the FAA for a flight service station. This lease will have a 2nd 20 year lease option with all the maintenance being the responsibility of the FAA. I'I Councilwoman Bailie said we need to keep on good terms with 1 FAA. Councilman Measles said that during that second 20 i year lease there probably would be more employees then the i first 20 years. Mayor Wagoner said that their projections I were that it would start out at 80 to 90 employees with a ' reduction in later years. € Councilman Wise objected because the coat to the City is far • outweighed. It will be a loss of revenue of at least $150,000 plus the money we will loan at no interest to the Federal Government over a 20 year period. Our cost will be about $200,000 a year for this facility and he can't see 80 employees generating that much economic benefits to the _ City. ¢ VOTE (Passed): Not Wise Yess Wagoner, Ackerly, Bailie, Hall, Measles, Monfor i ( G-11 Discussion - Additional :Services on the Lake, Marine, Granite Point & FOG Project Public Works Director Kornelis said that Main Street from Willow to the Spur was engineered a few years ago. This is a proposal from Bill Nelson to incorporate all the drawings ---.- and plans into one project. This would also include a small parking area for the Bernie Huss Memorial Fitness Trail and —^ the court house driveway. Mr. Nelson would like us to } extend his contract. By doing this we will save more than the $2,900 cost of extending his contract. MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, for approval of extending the contract for Wm. J. Nelson & Associates on the Main Street Loop project. Motion passed unanimously by roll call vote. G-12 Discussion - First & Second Street Improvements - Inspection Public Works Director Kornelia said the original completion date on First and Second Streets was October 13, 1983. Wm- J. Nelson & Associates have expended more time than they had anticipated and are asking for an additional $4,000. Mr. Kornelis said a good portion of this is recoupable from the contractor since he has gone beyond hie original completion date. i 1;�-, KENAI CITY COUNCIL June S, 1984 Page 11 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, for approval of the additional inspection fee of first and Second Streets and direct the Administration to withhold the amount from the contractor's final payment. Motion passed by unanimous consent. G-13 Assignment of Lease for Security Purposes - E.N.C. Corporation to Beluga Development Corporation - Lot 5, Block 29 CIIAP Subdivision City Attorney Rogers said it is an assignment but there had been an assignment from Belugs to E.N.C. There is now a contingent assignment. It will be made for security purposes only and will not be recorded but escrowed. If a default in payments develops that assignment would be recorded. Our Code provides for assignments for security purposes. You would be approving an assignment that may never have legal affect because it will be escrowed. This is a 50 year lease that has already run 20 years. We use a standard consent form and we will probably redo this consent for signature. We will have a litigation report done to see where the title lies. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to approve the assignment of lease from E.N.C. to Beluga Development and that we have the E.N.C. principals sign individually as well so in the corporate capacity. VOTE (Passed): Motion passed by unanimous consent. G-14 Discussion - Assignment of Lease from Roger Noll to Peninsula Savings & Loan MOTIONS Councilmen Wise moved, seconded by Councilwoman Monfor, for approval of the assignment of lease from Roger Noll to Peninsula Savings & Loan. This assignment is to have individual sureties signing on behalf of the financial institution, and the signature of Roger Hull. City Attorney Rogers said we will not be using these forms. Mr. Noll did not sign these documents. We have informed ATG of this already. We will need individual sureties signing on behalf of the financial institution that is assuming the lease. Motion passed by unanimous consent. H-1 City Manager 1. The House passed a $70 million municipal assistan--,p bill and the Senate passed a $90 million municipal assistance bill. The higher figure has been encouraged and the compromise was $81 million. An additional $140,000 will come to the City of Kenai. 2. Senator Fischer was successful in getting $100,000 included in the last Senate Capital Improvement Bill for the purpoee of furnishing the library expansion. n " 1 P KENAI CITY COUNCIL June 6, 1984 Page 12 3. Senator Kerttula was successful in getting Senator Faiks from Anchorage to put $1.9 million in that capital improvement bill for our harbor project. Plan on going to Juneau tomorrow since they may be adjourning this weekend. H-2 City Attorney 1. CIE matter - we are trying to get a consent to get into the airport bar so it will be ready shortly after June 24. The final hearing is June 24. The figure to fix up the airport bar was around $20,000. We will make as few alterations as possible. Maybe we could have a work session or discuss it at the next Council meeting so as soon as we have the clearance from the Court, we can get the Request for Proposals out. Mayor Wagoner thought that at a previous work session we had decided to put it out for bid "as is" and the successful bidder would make the alterations that he wanted. City Attorney Rogers asked if it was the consensus of Council that we would not spend any money, but simply take proposals and let the successful bidder do their - own remodelling for a short term period of 3 to 3 1/2 years. Council so concurred. 2. Legal Assistant - He has been interviewing for this position and he hopes to make a selection on or before -� the 15th of June. Most of the individuals would not be - - available until the first of August. 3. G-8 - Ordinance 945-84 suggested that this ordinance be ' amended by adding a Section 2 as added in Ordinance ` I 927-84. There has been competitive interest in this 6, land which is why he is asking for this amendment. 4. He may go to Juneau with the City Manager tomorrow. S. Cable TV is in limbo. We have their response and they are not willing to get off dead center. I anticipate giving Council an Ordinance to that affect. * H-3 Mayor 1. He went to the Department of Transportation while in Juneau to discuss the possibility of a 4-lane highway from Soldotne to Kenai. He has asked the Adr;;:l,itration to draft a resolution for the next Council meeting endorsing this concept. 2. When Ron Malston was Mayor was there a gentleman's agreement that the government would show the Council the design concept prior to building? He would like the records researched on this building plan. �Osf Councilman Wise said we need an ordinance on the site plan for all development. Mayor Wagoner said we need to discuss this with Planning & Zoning. 3. For the record, a letter was submitted this date by Ruth Parsons to the City Council. This was in reference to Ordinance 333. She claims that this ordinance was written especially for the Parsons homestead which exempted them. The ordinance says that the assessments will not be due until the property changes hands. Since the property changed hands on May 1, the assessments should not be due on the date the City Attorney claimed. a .t KENAI CITY COUNCIL June 6, 1984 Page 13 City Attorney Rogers said we will be attempting to collect this money under normal procedures. It is in the pre -litigation stage. 4. An individual in Thompson Park wanted to know how much gravel will be extracted from the pit? Public Works Director Kornelio said we plan on using the sand out of the pit for the Thompson park project, the gravel portion will be used on all City streets. This project is for this season only. We also plan on cleaning out the pit. S. Woa1d like to see the Administration draw up a com- mendation to the Fire Department for the quick action in putting out the fire the other day. 6. Street names on Section 36. The Borough said they did not like to have a duplicate street name borough -wide. Since the zoning will be handled by the City of Kenai, we will try to force through some of the names that are not duplicates for the City of Kenai. The street names should be able to be duplicated. With the consent of Council he would direct Administration to draft a resolution renaming the streets as previously stated. 7. We have been offered a donation by Don Johnson for display and care of his entire wildlife collection of mounts, everything imaginable. Does the City wants to pursue this collection? Pat Porter wants to expand the Fort Kensy Museum since all we have is a Musk Oxen and I think it would be great. We are fixing up the back yard and the cabins are being turned into homesteaders' cabins. It was the consensus of Council to go ahead with the donation. H-4 City Clerk Deputy City Clerk Dore advised that her tenure as the deputy city clerk would be over in seven working days, for which she was happy. She also advised that she had received a post card from Janet Whelan that she was having a great time. Also there will be a dinner held in honor of Frances Brymer, the Borough Clerk who is retiring. Anyone wishing to attend, please contact me. H-6 Planning & Zoning Councilman Wise reported that a conditional use permit was not approved because it did not have an absolute majority. It had a majority to approve it, but a letter came out from Administration saying that it did not have an absolute majority. There are only a few things specified in the Charter that an absolute majority is required for. Mayor Wagoner said that the City Attorney reported that the P & Z Commission did not have a quorum to start with oo the majority was not the majority of a bona fide quorum. City Attorney Rogers said that his memo addressed this. They have the authority to adopt rules and regulationo to govern their proceedings. They have not done so, so they are governed pursuant to his memorandum. El!= KENAI CITY COUNCIL June 6, 1984 -' Page 14 xH-7 City Attorney (continued) 6. Another matter regarding cable is he has made inquiry of wiring the public buildings. They responded but did not mention the Senior Citizens' Center or others that he considers to be public buildings. We will try to get City Hail wired and a drop in. As far as the library is concerned, they want to wait until their expansion is completed. Emily DeForest said that she wanted them to put the drop on the aide of the building. City Attorney would give a copy of the letter to Emily. 7. ENSTAR - we filed an intervention two weeks ago. •H-1 City Manager (continued) y 4. We received bad news from DEC that we cannot use the - oil that we had available on the roads. 4: -- 5. Bond sales - bond counsel told us that the City of �- Kenai was in better shape than any city in the State of - Alaska that they deal with. They went so far as to say we ought to be loaning them money. t Councilman Ackerly wanted to say he appreciated the lights on Strawberry Road and Eagle Rack, etc. We ought to thank the Soldotna police for patrolling our parka, as he saw a -- L police man in our park. Beaver Creek problem is getting ---- worse as for as 3-wheelers. They are pulling more poets down. He wanted to know about HEA progress, and Gas negotiations. City Manager Brighton responded on the HEA matter, by telling him that we have received from the FAA their intent to agree on the land swap. They suggested getting appraisers from Anchorage to reappraise both parcels. Mayor Wagoner said the price of the appraisal should come out of the + Airport Lands budget. City Manager Brighton said that no construction would probably take place until the transfer of the property is accomplished. Fred Braun said construction will start in spring of 1985. 14 �4 Mayor Wagoner said that on Beaver Loop the 3 wheelers have ruined the gravel near the edge of the pavement on the river side. The State needs to look at this. The City Attorney needs to review our ordinance on 3-wheelera. ATM (Automatic Teller Machine) lease - City Attorney Rogers oaid hopefully it will go out next week along with a p Y —,— publication. The competitive interest is not as strong an he ha d d thought. Councilwoman Monfor wanted to know about a gaze station on ,Z Kaknu. City Attorney Rogers said there is a lawsuit filed against Jackson. Councilwoman Monfor wanted to know where the "bluff" people were. City Attorney Rogers said that they have been appearing at the Roc renter but Val Jones and Carmen have handled it very well so for. Councilwoman Monfor also oaid the signs inuat be working at g g ' the parks, but City Manager Brighton said it is the patrolling that is keeping the parks under control. 4'® KENAI CITY COUNCIL June 6, 1984 Page 15 Councilman Ackerly wanted to know about the gas contract. City Attorney Rogers said he hasn't set up an appointment F V41;i-.r- yet for Mr. Brighton and himself but anticipates that in July they will be meeting with some people outside the State of Alaska on that. No dates have been set yet. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Clarence Ladd. He thanked the City for burning the old buildings in Old Town. He said the dusty streets in Old Town need some work down on them. He also said it was nice to see the flags flying in the area. It makes you want to go to church once in a while. 2. David Travers, owner of Clean Right Janitorial. feels he is being treated unfairly on the janitorial bids. He had talked to several of the Couneilmembere (Measles, Monfor & Hall). He wants to know what ordinance makes it legal for the City to rebid after a bid opening. This is another point of discrimination against his company and any other low bidder. If the City had a problem with their bids they should have known that before they opened the bids. They destroyed the bid process. There will be no difference in the prices to rebid in two weeks. He did not know that an article appeared in the newspaper. In the article it stated that two of the eight bidders were upset with the City as they were low bidders. The State woul-I wait three to six months to rebid if something like this occurred. He was not even called to be told there would be a rebid. He called it "bid rigging". Mayor Wagoner said if he had any accusations to make them in writing. Travers said the low bidder should have been awarded the contract. A justifiable reason is not an accident or a problem with the City or Administration's mistake on the bids. Mayor Wagoner said that the State does not wait three to six months to rebid. He wee a business manager for five years at the Community College and there are no regulations in the State manual on a time factor. City Manager Brighton said when we advertised in the newspaper it stated that we reserve the right to refuse any and all bids. This is the first time we attempted to bid the contracts for a three year basis. Until we opened the bids we did not realize the confusion it would cause on the part of the bidders. There were lots of errors and we could not figure out who the low bidder was. The Administration decided it would be in the best interest of the City to start over again with now specifications. We send each bidder a certified, return receipt letter saying that the bids would be redone, you did not pick up your letter but refused it. It's upstairs and you can have it before you leave. We wanted the bidders to bid one price for all three years and to take into account the additional appreciation of each successive years. Also, the City or any other legal entity is not obligated to accept the low bid. No recommendation has come before Council on the contract. Public Works Director Kornelis said on dust control, DEC said we can't use the oil we sent them for testing. They gave us a possible solution of reaching the Chevron station in Anchorage. They have CSS1 which is a dust retardant and it would cost $16,200 to put this on the City streets one time. There is still a possibility that we could find some waste oil but we have to get that tested each time. Each .- 2 KENAI CITY COUNCIL June 6, 1984 Page 16 test costs $300. Mayor Wagoner said for that price we buy a tanker truck and hire a person to water the stre every day. ADJOURNMENT Meeting adjourned at 11:21 p.m. Respectfully submitted, Mary An% Dore Deputy City Clerk OATS CITY CLERK I ti� n w K I{I • j 7