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HomeMy WebLinkAbout1984-07-18 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 18, 1984 - 7s00 PM WORK SESSION - 600 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. Ron Yamamoto - Doyle's Lot - Gusty S/D C. PUBLIC HEARINGS 1, Ordinance 949-84 - Amending Zoning Map - Silvertip S/D 2. Ordinance 950-84 - Amending Zoning Map - Park View S/D 3. Ordinance 951-84 - Amending Zoning Map - Sprucewood Glen S/D 4. Ordinance 952-84 - Amending Zoning Map - Walkowaki-Deland S/D 5. Resolution 84-71 - Awarding Contract - Walker Lane Extension - Zubeck - $86,828.84 (Reconsideration) 8. Resolution 84-76 - Transfer of Funds - Walker Lane Extension - $653 (Reconsideration) 6. Resolution 84-78 - Awarding Lease - Automatic Teller Machine at Airport - Peninsula Savings & Loan - $1,200 yr. 7. Resolution 84-79 - Awarding Lease - Bar Concession at Airport - Sandra Daniels - $4,100 no. S. Rosolution 04-80 - City Support to Borough Septage/Solid Waste Codisposal Incinerator Project if Certain Stipulations are Adhered to 9. Resolution 84-81 - Requesting Municipal Assistance Funding from State 10. Resolution 84-82 - Directing Enforcement of Non -Conforming Land Use - Land Fill 11. Resolution 84-83 - Sprucewood Glen S/D a. Manager's Report b. Preliminary Assessment Roll 12. Res. 84-84 - Awarding Contract - Engineering - S. Highbush, Bumblebee, E. Aliak, Swires, Highbush Rds. - Taeal Inc. 13. Res. 04-85 - Transfer of Funds - Painting Striping - Airport Parking Lots & Drivewayo - $1,850 14. *Application for Transfer of Liquor License - Larry's Club '-�Y—i.�.��.'-^.. �•IY� Lam'—=--�-.-Tr ^-YMC t��. D. MINUTES 1. *Regular Meeting, July 5, 1984 E. CORRESPONDENCE 1. *Soldotna Cab - Support of Ordinance 914-84 Amendments 2. *DEC - Pollution Control Technology - Tesoro Petroleum 3. *City of Soldotna Airport Manager - Objection to Peninsula Communications Tower F. OLD BUSINESS G. NEW BUSINESS 1. *Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 954-84 - Amending Kenai Municipal Code - Setting Zoning Amendment Fees 4. *Ordinance 955-84 - Amending Sign Code, Portable and Flashing Signs 5. Ordinance 956-84 - Funding Community Center Design Proposal - C. Gintoli 6. Ordinance 957-84 - Increasing Rev/Appns - Council on Aging (Community Service Program) - $30269 a. Public Hearing 7. Ordinance 958-84 - Increasing Rev/Appns - Council on Aging - $979594 a. Public Hearing B. Discussion - Lease Application - Doyle - Gusty S/D 9. Discussion - Water & Sewer on Princess, Aliak, Magic, McCollum, Cinderella, Fox 10. Discussion - Dust Control H REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT i i i i i 0 0 wi r, KENAI CITY COUNCIL, REGULAR MEETING JULY 18, 1984, 7sOO PM f' KENAI CITY ADMINISTATION BUILDING VICE MAYOR RAY MEASLES PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Bailie, Hall, Measles, Wise Absents Wagoner, Ackerly Councilwoman Monfor arrived 800 PM. A-1 Agenda Approval a. Vice Mayor Measles asked that item D-1, Minutes, be deleted from the Consent Agenda. b. Vice Mayor Measles asked that the proposal for float - plane facility, S&S Engrs., submitted this date, be added as item G-11. c. Vice Mayor Measles asked that Assignment of Lease, Lowry & Partee, Sprucewood Glen S/D, be added as item G-12. ' Council agreed to the changes and additions. A-1 Consent Agenda MOTIONS Councilman Wise moved, seconded by Councilman Hall, to ---=_- approve the Consent Agenda as modified. Councilwoman Bailie asked that item G-1, Bills to be Paid, co Dura-coat Painting, be deleted from the Consent Agenda. Councilwoman Bailie asked that item G-4, Ord. 955-84 - Sign Code, be deleted from the Consent Agenda. Motion passed by unanimous consent. (4 CLERK'S NOTES Items G-1 and G-2 were reversed in the packet. { B. PERSONS PRESENT SCHEDULED TO BE HEARD o^ s 6-1 Ron Yamamoto - Doyle's Lot - Gusty S/D Ron Yamamoto, Box 4363, Kenai. The letter from the City dated April 9, 1984 returning his application and stating it _! was not active was not right. He would like to leave it up �T to Council to make the decision. He turned a concept lease - application into the City in 1978. It woo on a first -come, --ti first -served basis. He came in this year to exercise his 1 option and was told he did not have it. He brought this to the lest Council meeting and was told to bring it to this meeting so Council could review it. The reason he is "= concerned is, it is holding up his financial package. Mr. r; Doyle came to him and asked if he was interested in leasing. Mr. Yamamoto agreed. When he went to work on it, he discovered the City said he did not have a right to it. Land Manager Labahn explained, at the time Mr. Yamamoto submitted his application, the property was not platted or ' released by FAA. The property is now approved for release and is platted. In reviewing, it was noted there was a -.- concept lease still in the files. At that point Mr. Labahn returned the application to Mr. Yamamoto stating the property was available and he would have to re -apply and ' - submit a full application accarding to Code. Several weeks later the Cu.y received an application from Pat Doyle for the same property. This was accepted, has gone through d P&Z, deposit was submitted. Administration contends a concept lease application is not valid under the current KENAI CITY COUNCIL JULY 18, 1984 Pago 2 Code because there was no current application submitted with the deposit. Mr. Yamamoto noted the memo distributed this date from Administrative Assis. Gerstlauer, stating he has contacted the City since 1978 to check on the status. The letter sent by Mr. Labahn was sent to a different address and he received it a month later. According to the Ord. at that time, it was on a first -come, first -served basis. He sent $500 deposit plus $20 filing fee under protest. He added, Mr. Doyle thought Mr. Yamamoto had the lease, that is why he came to him. Airport Manager Swalley and City Manager Brighton had approved this and recommended it to Council. He has a letter from Temporary Administrative Assis. Kim Howard stating the actions of FAA and that it was approved. Vice Mayor Measles asked if the cause for getting it dropped was because of a problem with the lease application. Also, if it had been platted in 1978, would Mr. Yamamoto have gotten the lease? Mr. Labahn replied, it would have come to Council at that time. It was not platted for 5 years after application. Mr. Yamamoto noted there was nobody interested in that land in 1978. He was the driving force to do something with that land. That is why Mr. Swalley and Mr. Brighton were in favor of this. Councilwoman Bailie asked if things of this nature are sent out certified. Mr. Lebehn replied, this was not. Councilman Wise noted the letter from Mrs. Howard was notifying Mr. Yamamoto that FAA had no problem with aircraft use, not that it was platted. Since that time Doyles have, leased land just beyond this and are operating a car wash. It should have been apparent the land was available, yet he took no action. Mr. Yamamoto replied, he should not have to just because somebody else leases land from the City. At that time he was in a financial package and could not go out and build something. Councilman Wise said once the land is available and platted, anybody with any interest should have expressed that interest. Concept approval does not justify his having the lend. An option requires dollars. A Concept Lease gives him first right of refusal. It was common knowledge the land was available for lease. The City should have told him of the concept and he should have a reasonable time to consumate the lease. The City should have notified him, but he should not expect the City to keep the land off the market regardless of his financial situation. The lot has been available since late Fall, no revenue has been generated. Mr. Yamamoto noted he is not a businessman. His case is, why does he not have the land? He has been on the lot next door 'or 7 years and has done a good job. Councilman Hall asked, when did the lot come available for lease? Mr. Labahn replied, the plat was filed in 1983 and woo available by August. Mr. Yamamoto noted the letter was sent April 1984 and was not sent to him. Mr. Labahn notod this was the address on the Concept Lease, he has another lease with the City. Doyles filed May 1984. Mr. Yamamoto said in between that time he came to Mr. Labahn to work the matter out. The City sent him a letter stating they would not like to hear from him except in writing. The letter from the City does not say why he did not have a lease. When the letter was hand -delivered, he did something about it. Doyle's representative approached him in March and suggested working out a lease arrangement. After that he went to Mr. Labahn and was told he did not have any option. Councilwoman Bailie asked if he was aware of it prior to that time. Mr. Yamamoto replied, not till he received the letter. Doyle's representative asked him to work out something with him prior to submitting the lease. He told him there was a problem. Vice Mayor Measles explained the Council cannot vivo u decision till they talk with Atty. Rogers. Mr. Yamamoto naked if he needed an attorney. Vice Mayo:- MRnsles replied, that is his decision. Mr. Yamamoto asked to be on the agenda for the Aug. 1, 1984 meeting. KENAI CITY COUNCIL DULY 18, 19814 Page 3 Council agreed to the request. C. PUBLIC HEARINGS C-1 Ordinance 949-84 - Amending Zoning Map - Silvertip S/D MOTION$ Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-2 Ordinance 950-84 - Amending Zoning Map - Park View S/D MOTIONS Councilman Wise moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-3 Ordinance 951-84 - Amending Zoning Map - Sprucewood Glen S/D NOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance. NOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to change the effective date to August 21, 1984. There was no public comment. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion so Amendeds Notion passed unanimously by roll coil vote. C-4 Ordinance 952-84 - Amending Zoning Map - Walkowski-Deland S/D NOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance, with the amended effective date of August 21, 1984 PUBLIC CONMENTs So Wiil Johrig, Kenai. He has purchased land in Beaver Loop area for his electric contractor business. He feels the area is --$ivy industrial, it is not a scenic area. The use as defined by zoning should not be allowed. If it is not allowed something practical, it will remain dormant. He intends to develop within one year, He han property in Old Town, the City has tried to get him to move the material stored there. He will try to upgrade the aruu. There io oppouition by thoea a 9ENA1 CITY COUNCIL JULY 18, 1984 Pogo 4 on the bluff saying a scenic area will be disrupted. In his area, they will look at canneries and oil fields. This is an area of development. With the dock area as proposed, it should be maintained as heavy industrial. He does not intend to affect the Central Heights slope. COUNCILWOMAN MONFOR ARRIVED AT THIS TIME (8s10 PM) Mr. Johri.g continued, there is such an angle there that it would disrupt the area above. He hoo enough property to do what he wants. There is drainage there. It is conservation where the creek was supposed to be. The creek will be changed and corrected. It has moved several times new. Motion passed unanimously by roll call vote. i C-S Resolution 84-71 - Awarding Contract -Walker Lane Extension- Zubeck - $86,828.84 (Reconsideration) a. Resolution 84-76 - Transfer of Funds - Walker Lane Extension - $653 (Reconsideration) MOTION, Reconsiderations Councilman Wise moved, seconded by Councilwoman Monfort for reconsideration of Resolution 84-71. VOTE, Reconsideration (Passed): Yess Hall, Monfort Wise Not Bailie, Measles MOTION: ' Councilman Wise moved, seconded by Councilwoman Monfort to adopt the resolution. PUBLIC COMMENTS a. Bill Zubeck, Zubeck Inc. This is a ticklish situation ` between two cities. He is in favor of a local bid '= ordinance. We should adhere to it or throw it out. He is the only contact in Kenai that is big enough. All others have moved out because they do not wish to pay taxes. At issue is the ordinance. - b. Ron Davia, Harley's Trucking. He is the low bidder. _= He has mixed omotionu about local preference. One of the problems is conflict in the Kenai/Soldotne area. The other problem is, he does not agree with any kind of preference. If you are low biddor,that is low bid and should be awarded. Councilwoman Monfor said she will vote against Zubeck because of the ordinance. The City hoo 3 top positions in Administration living in Soldotna. A lot of people from Soldotna have lived there for a long time and we should not require them to move. Kenai/Soldotna is local. In the peat �! it has always been low bid and we should stick with it. Councilwoman Bailis said we cannot compare local hire with ' local contract preference. The ordinance is the problem. We voted unanimously to incorporate the ordination to give to Zubeck. It says within the City limits, not the Peninsula. The ordinance is the law within the City, we are at fault if we ignore it. We cannot waive on ordinance. If we do, he has a case against the City. Councilman Hall said one bidder io located near the City and has dune work ,,, for the City in the past. The other is inside the City and .9'has also done work for ue. lie would defines local area as KENAI CITY COUNCIL JULY 18, 1984 Page 5 the Peninsula. This may affect future bids. We should look at the ordinance. Councilwoman Monfor asked if it states in the bid that local contractor has preference. Public Works Director Kornelis replied no, it says "in the best interests of the City." He noted most bid operations do not state this. Mr. Zubeck said almost every project in the City does not hire local. One job is 90: out -of -City people. There is a need for a local preference ordinance. He did not: think this was aimed at Kenai/Soldotna. This should be part of the bid package up front where everyone can see it. Councilwoman Bailie said we cannot deviate from an ordinance for one individual. Mr. Davis said there are things not spelled out, such as the length of time you have to have an office in the City. Someone could come in for 2 days before the bid and say they have an office in the City. It cotild be abused. The ordinance does not say they have to award low bidder, awarding to him does not jeopardize the ordinance. Councilwoman Bailie said, in the past this has not been brought up, but it was in this case. It was voted unanimously. Councilwoman Monfor said if it was not in the bid specs, there was a chance they did not know. She thought the ordinance was aimed at those outside of the Peninsula. VOTE (Passed)s Yes$ Bailie, Measles, Wise Nos Hall, Monfor Finance Director Brown said he could make the transfer stated on Res. 84-76, reconsideration of this is not necessary, C-6 Resolution 84-78 - Awarding Lease - Automatic Teller Machine at Airport - Peninsula Savings do Loan - $1,200 yr. MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Resolution 84-79 - Awarding Lease - Bar Concessions at Airport - Sandra Daniels - $4,100 mo. MOTIONS " i l Councilman Wise moved, seconded by Councilwoman Monfor, to 1 adopt the resolution. Councilman Wise asked, what is the scope of the operation? g, Airport Manager Swelley replied, the guide lines by Council were spelled out in the bid specs. Councilman Wise asked if ° there were any exceptions. Sandra Daniels replied she would i like to have her daughter on the lease with her. There was no public comment. Motion passed by unanimous consent. C-8 Resolution 84-80 - City Support to Borough Septage/Solid Waste Codisposal Incinerator Project if Certain Stipulations are Adhered to MOTIONS Councilman Wise motied, seconded by Councilwoman Bailin, to adopt the resolution. 1 � f 4 t r a U KENAI CITY COUNCIL JULY 18, 1984 Page 6 There was no public comment Councilwoman Bailie asked if Administration had been in contact with the Borough. Public Works Director Kornelis replied they had a meeting with Skip Bombard. They were very receptive to the stipulations. The only exception would be they were hoping for more City participation in the cost of the sewer line. He felt it would be difficult to determine. Motion passed unanimously by roll call vote. C-9 Resolution 84-81 - Requesting Municipal Assistance Funding from the State MOTIONs Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. t j Motion passed by unanimous consent. C-10 Resolution 84-82 - Directing Enforcement of Non -Conforming Land Use - land Fill MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the resolution. Clerk Whelan noted the typo errors have been corrected. PUBLIC COMMENT: a. Skip Bombard, Kenai Peninsula Borough. The resolution asks the Borough to close one of its better facilities, not immediately but in the near future. Unless we find alternate means we are going to be hard pressed to find new land. They have surveyed every parcel of land available to the Borough - government owned and private. Th6y are not available or suitable for this. They are fortunate in this choice, the water table is deep, they have a long life there. There are over 70 acres available, patented as one parcel. As to non-conformance, he would ask Borough P&Z but he thought it had always been one piece of land. A land fill does not expand, but it uses up land. There are different rates of use. If methodology of use changes, the rate of use changes. If there is ash fill, the rate would be different. They are looking for available ash fill disposal, but cannot find it because of population density. He is gratified with passage of Res. 84-80 (City Support of Incinerator Project), passed this date. 50% of waste is not burnable and has to be disposed of. The Kenai land fill is one of 2 sites they would look to for ash fill. If there was a better site, they would jump on it. Vice Mayor Measles noted Res. 84-80 states, upon completion the Borough would close and rehabilitate the land fill, Is he saying there will be a need for that? Mr. Bombard repllel, the Borough will have to address the need. If they can accommodate, they will try. He did not know if they could come up with full State funding. If they have a sewer line to tie in to, it will he good. People in the City will benefit from the extension. If they do not get funds for incineration, they :ill need the I r i f i f KENAI CITY COUNCIL DULY 180 1984 Page 7 land fill. He estimated about 30 years more for the land fill. They are using about one acre per year. Councilwoman Bailie said she used to be a resident of that area. They were *old it was to be used as a land fill and would be closed when filled. Then they were told it would be a 5 fir. period for permit. It would be a playground. It is becoming dangerously close to a heavily populated area. It is affecting property values in the area. They were told by the Borough it would be a temporary thing. Mr. Bombard replied he cannot find anything in the records that state that. This was instigated by the City, it was a lease with Dept. of Highways. It has been a Borough plan for the 6 years he has been there to operate there till a better site was located. Councilman Wise said the Borough Planning Code speaks of non -conforming land use. It does not address land fill as a permitted use. It has been in violation all along, First, there should be no more trees cut. Second, when DEC is informed of violation, they will not issue a permit. Mr. Bombard said he would review with Borough P&Z and Borough Planning Dept. Councilman Wise said the lease was for about 10 acres with tho State. Platting of the remainder of Section 36 means the Borough may want to use it for a dump. It is unfair to anyone northwest of the airport. Motion passed unanimously by roll call vote. C-11 Resolution 64-83 - Sprucewood Glen S/D a. Manager's Report b. Preliminary Assessment Roll MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Wise asked about the off-street parking. Is this an assessment district on private property? Finance Director Brown explained, the drawing shows 4-plexes, the parking would go off the right-of-way and onto private property. It has o1ways been a public right-of-way. They requested this, he did not feel it was right to throw it out of the petition. Council can set the public hearing and expand or lessen the scope of the project. Councilman Wise asked if Administration could have data as to cost if this was deleted. Council agreed to the request. Motion passed unanimously by roll call vote. C-11a Manager's Report MOTION: Councilwoman Beilie moved, seconded by Councilman Wise, that the City participate in the proposed Sprucewood Glen assessment district based upon the benefitu received by City property. In addition, the City waives the 25: limitation and agrees to accept on a proportional basis 100% of the costs of improvements. In addition, the method of allocation of costs in the proposed Sprucewood Glen assessment district be based upon front footage, rather than square footage, of benefited property. Motion passed unanimously by roll call vote. j . i i f .. i i i a KENAI CITY COUNCIL JULY 18, 1984 Page 8 C-12 Resolution 84-84 - Awarding Contract - Engineering - S. Highbush, Bumblebee, E. Alisk, Swires, Highbush Rds. - Toesc Inc. MOTIONs Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENTS Be Alan Jones, S&S Engrg., 1214-4th, Kenai. He was given to understand by Engineer La Shot that his proposal was low by a considerable margin. Also, over 1/2 of his staff lives in Kenai. He had not seen the letter of recommendation in the packet. After review of the letter, Mr. Jones said they based their bid on 40 hours, 8 hour day. It is important to know who the contractor would be. Vice Mayor Measles asked, on the other bids, are they also based on 90 days, 40 hour week? Public Works Director Kornelis replied, he did not know. He has asked engineers in the past for rough costs. They are figured on how long it will take to do the project. If a contractor works more hours, it will take a shorter time. This is not an estimate, just to get a feel of the project. b. Dick Lomen, Teaec, Inc. They opened a permanent office this Spring. They had a branch here for 3 years, it is now the main office. There are 4 in the office. The bid was based on previous experience of 10 hour days, up to a 3 month period. Vice Mayor Measles said the resolution is acting on a not -to -exceed figure. These are estimates only and will be negotiated. It is not usually done. There is no reason why inspections could not be done with other than the one who did the design. He had a problem with that much spread when we do not take low bid. Mr. Kornelis explained these proposals have never been called competitive bidding. They are not required to go out for bid on professional services. His main concern is that Public Works Dept. is extremely buoy, all 3 have worked with the City in the poet, but a new firm would have to review their general specs, etc. Vice Mayor Measles said Council is charged with looking at the interests of the City. As to being too busy to work in a new contracting firm. It will not qet any less busy, will this exclude any new firms from entering into business in the City? Council will not have it any other way than low bid. The difference in this is way out of line with the section of the Code (dealing with competitive bidding). MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Monfor, to amend the resolution to reads in the heading, line 2, change the words TAEAC, Inc. to 565 Engineers, Inc. In the heading, line 5, change the amount from $29,224 to $25#560. In the NOW 'THEREFORE paragraph, line 39 change the words TAEAC, Inc. to S&S Engineers, Inc. In the NOW THEREFORE paragraph, line 5, change the amount from $291224 to $25,560. VOTE, Amendments Motion passed by unanimous consent. KENA1 CITY COUNCIL JULY 18, 1984 Page 9 VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-13 Resolution 84-85 - Transfer of Funds - Painting Striping - Airport Parking Lots b Driveways - $19850 MOTIONs Councilwoman Bailie moved, seconded by Councilman Wise, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-14 Application for Transfer of Liquor License - Larry's Club Approved by Consent Agenda. D. MINUTES 0-1 Regular Meeting, July 5, 1984 Clerk Whelan asked that page 4, item G-7, line 5, the number 350 be changed to 300. MOTIONS Councilwoman Bailie moved, seconded by Councilman Wise, to approve the minutes as corrected. Motion passed by unanimous consent. E. CORRESPONDENCE All items accepted by Consent Agenda. F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified DURA-COAT PAINTING SERVICES Councilwoman Bailie coked, what is this for? Finance Director Brown explained, painting of the Senior Center and deck area, all exterior. MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to approve the Duro-Coat billi►ig. Motion passed by unanimous consent. NOTES Since Ours -Coat is actually on item G-2 and material was reversed in packet, Council took duplicate action. G-2 Requisitions Exceeding $1,000 DURA-COAT PAINTING SERVICEs MOTION: Councilman Wisp moved, seconded by Councilwoman Railie, to approve the Duro-Coat billing. { f KENAI CITY COUNCIL JULY 18, 1984 Page 10 Motion passed by unanimous consent. G-3 Ordinance 954-84 - Amending KMC - Setting Zoning Amendment Fees Passed under Consent: Agenda. G-4 Ordinance 955-84 - Amending Sign Code, Portable and Flashing Signs MOTIONs Councilwoman Bailie moved, seconded by Councilman Wise, to introduce the ordinance. Councilwoman Bailie asked if this could be passed at an earlier date. Finance Director Brown explained, only if it is an emergency. Motion passed by unanimous consent. G-5 Ordinance 956-84 - Funding Community Center Design Proposal- C. Gintoli Councilwoman Bailie said she would like to add an interior decorator. In this building, unlike other city buildings, it will have to sell itself. Councilwoman Monfor added, the inside should be as special as the outside, with added touches to show Kenai at itn beat. Mr. Gintoli said he had intended to have Mr. McMillan and interior graphics for approval by the committee. Councilwoman Bailie said she would prefer an interior decorator. Councilman Wise noted they are appropriating exactly adjusted figures Mr. Gintoli had. He did not want a shortage. He suggested a cushion and noted an ;.nterior decorator would be more money. Finance Director Brown explained this was a not -to -exceed figure. MOTIGNp Amendravnts Councilman Wise moved, seconded by Councilwoman Bailie, that the numbers be changed to $10p,942 in all 4 areas. Finance Director Brown said he could have the figures at the Aug. 1, 1984 meeting. Councilman Wise said he would rather do it now and come down. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. G-6 Ordinance 957-84 - Increasing Rev/Appne - Council on Aging (Community Service Program) - $3,269 a. Public Hearing MOTIONs , Councilman Wise moved, seconded by Councilwoman Bailie, to introduce the ordinance. Motion passed by unanimous consent. KENAI CITY COUNCIL JULY 189 1984 Page 11 NOTION, 2nd Readings Councilman Wise moved, seconded by Councilwoman Monfort to have the 2nd reading this date. Notion passed by unanimous consent. MOTION, Public Hearings Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. G-7 Ordinance 958-84 - Increasing Rev/Appns - Council on Aging - $979594 a. Public Hearing MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to Introduce the ordinance. Motion passed by unanimous consent. MOTION, 2nd Readings Councilman Wise moved, seconded by Councilwoman Monfort to have 2nd reading. Notion passed by unanimous consent. MOTION, Public Hearings Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. G-8 Discussion - Lease Application - Doyle, Gusty S/D MOTIONS Councilman Wise moved, seconded by Councilwoman Monfort to approve the lease application. MOTION, Postponements Councilwoman Bailie moved, seconded by Councilman Wise, to postpone till August 1, 1984 meeting. VOTE, Postponements Motion passed unanimously by roll call vote. G-9 Discussion - Water & Sewer on Princess, Aliak, Magic, McCollum, Cinderella, Fox Councilman Wise naked for a reason for the time delay. We have loot the construction season. Finance Director Brown explained, he was on vacation. Mr. Garnett is saying in his memo that he will not entertain the idea of an assessment district. So Administration did not pursue thin, it was dropped. Council had 9 motion they would not put :pater ' sewer in that area. This was brought to Council to show the dispositon of the matter, not for action. Public Works i i 1 KENAI CITY COUNCIL JULY 18, 1984 r Page 12 Director Kornelis said they have received a $650,000 water & sewer grant, sigr.sd it, and sent it back to the State for action. It has not been received yet. The atstus now is, last week they received the final drawing in Magic. They amended the contract to include Magic. It will be ready to go out for competitive bids. It will be at the tail end of the construction season. As it stands now, we have received final engineering on road construction and will go ahead. Councilman Wise asked if Administration had submitted for matching State DEC funds. Some projects higher than this have been given grant status. Mr. Kornelis replied he did not think this was on the DEC list. It was submitted but not approved. Councilman Wise said almost 2/3 were directly funded by the State. We may be eligible for 50% grant. Mr. Kornelis explained, the list was sent in for DEC grants. Princess, etc. was included. Of those 8, top priority was Thompson Park water at the $19 Million level. They got $14 Million. We are not close with this. Princess, etc. water & sewer was at the $24 Million level. It is not likely that t, we will get Thompson Park water. He asked Council to consider water & sewer now for Princess, etc. rather than doing two times. Engineering water & sewer for the entire area was over $29,000. Councilman Wise asked if we had funds for additional engineering. Finance Director Brown �v replied, yes, but it would have to be moved from ; contingency. There is about $590,000 in the account. Based on the McLane cost, $650,000 would $220,000 shy to put water & sewer in the whole area. If it came from the capital project monies, it would deplete the fund. MOTION: �c Councilman Wise moved, seconded by Councilman Hall, to direct Administration to negotiate with McLane for engineering additional work on contract relative to water & sewer in Candlelight, Princess, etc. and Administration prepare appropriate resolution for funds transfer for additional engineering work. -- Finance Director Brown, in reply to a question, said we have appropriated money for road work. Public Works Director Kornelis, in reply to a question, said road construction *'.., would start next Spring if this passed. Councilman Wise said he hoped for this with 50% DEC funding, 20% City and 20% i assessment; and the some for Thompson Park. i PUBLIC COMMENTs ' ' a. Ed Call, 1202 Lilac, Kenai. If water and sewer is Bally funded, it should be available and reimbursable to those citizens that have paid. The best thing is an _ assessment district. If they want it, let them pay. ,s Regarding roads already prepared with water & sewer, why can't they finish those up with black top? b. Calvin puandt, Mile 7, Spur Hwy, Kenai. He has a problem with assessments. He has been billed for some r;11,4 assessments and not paying because he resents some getting free water and some paying. His father asked Y' for water and could not get. Section 36 would get it and his father will not. He owns lots on Lilac. There is a manhole open with a barricade over it for 2 weeks now. Another has had a barricade for 6 months. He cannot sell his lot for $10,000. It would be $10,000 to put in water & sewer. He owns property in Thompson 11 Park. A sale did not go through because the neighbor's '`. wells are too close. if they will not pass, none in E, I Thompson Park will pass DEC. Water is available up to the funeral home. If water would go in, he would not have to worry about selling his loto. KENAI CITY COUNCIL JULY 18, 1984 Page 13 c. Patty Morris, Aliak, Kenai. She appreciated Councilman Wise clarifying if they had a project here and if there was money to finance it. She has called the City and they say there is no water & sewer, but there is some next door to her. The City said there was $900,000 available, now they say $500#000. She cannot get a straight answer. She put out $259000 for a well when she could have had City water. She would appreciate help with water & sewer. d. Robert Cogburn, Assembly of God Church, Kenai. They need water A sewer. They lease in the first house on _ Princess. There is a fire hydrant near the church rind they do not have water. He has only been here 1-1/2 months. He is ashamed, it does not look good. He wants to improve the area. Water is on the same side as the hydrant. He thought everyone here would be willing to pay their share. It would be interesting to see if any of the Councilmembers got water free. There are 11 neighbors here, it is a good showing. e. JoAnn Buzzell, McCollum Dr., Kenai. If any Councilmembers have been down McCollum in Spring, they -, know these people need help, but they do not want it torn up 2 times. The water is very bad, they would be willing to pay 20%. They don't feel they should pay the whole thing. There are other areas that have had it all paid. f. Debra Cogburn, Assembly of God Church, Kenai. She has ' been a house manager for years. The idea of putting in road and tearing up for other things is ridiculous. She would bs willing to wait till next summer rather than put out money for a project and tear it up. g. Dale Broeckel, Box 316, Kenai. He just finished a home on Adak. He had difficulties with septic tank and line, $35,000 for the system. He drilled a well and - found out there is crater at the and of the street. It is difficult to come up with standards with the size of the lots required by the City. He hoe lived in Kenai since 1978 and Alaska since 1964 and have seen this many times. - --- h. Florence Munger, residence next to Magic, Kenai. Is there any reason why this grant money can't be used for their water & sewer project? They need roads, but also need water do sewer. Councilman Wise replied, the Legislature made $650,000 for water 6 sewer work in Kenai. It has not been allocated by Council, they have not had recommendations from Administration. Water 6 sewer for this area would be $850,000. The City has other needs. He is hoping we can tap other pots of money from DEC on 50% match. Ms. Munger said roads are needed desperately, but water 6 sewer is needed first. •;" Patty Morris said she thought there was money for Thompson Park. Councilman Wise replied, no, a year ago DEC solicited 'i water 6 sewer projects for State matching. Thompson Park ranted higher than this project. The City is not going to do Thompson Park at this time. Councilwoman Monfor said ahe had lived in Thompson Park for years and tried to get water & sewer. They could not, so she asked for road impravements. When they sold their home, though they never M had any problems, it was a nightmare with DEC. In a KENAI CITY COUNCIL JULY 180 1984 Page 14 VOTE: Motion passed unanimously by roll call vote. G-10 Discussion - Dust Control Public Works Director Kornelis explained, DEC will not let us use waste oil on the streets. Council asked him to research alternatives. The suggested method has no harmful materials for cars, can be sprayed on fruit trees. Finance Director Brown stated we would have to appropriate money to do this. Councilman Wise noted if we have to appropriate money, it would be 2 more weeks. That is too late. Public Works Director Kornelis added, it has to be shipped in. Councilwoman Monfor suggested starting next year. Mr. Kornelia noted we could try for federal revenue sharing then. Council agreed to the suggestion. G-11 Discussion - Proposal, ShS Engineers, Inc. - Float Plant Facility Engineering Councilman Wise asked, based on appropriations from July 5 meeting, are we going out for request -for -proposals for $ 25,0007 Public Works Director Kornelis said he is not sure what is included in $25,000. He has not gone out for request -for -proposals. No action was taken on this item. G-12 Discussion - Assignment of Lease - Lowry 4 Partee - Sprucewood Glen S/D Land Manager Labahn explained, Mr. Partee is the lessee. He has requested to assign a portion of the lease to Mr. Lowry. Mr. Partee is 2 month's delinquent in his lease payments. Councilman Wise asked what happens if they are delinquent? Finance Director Brown replied, a list of delinquencies is given to Atty. Rogero each month for action. MOTION: Councilman Wise moved, seconded by Councilwoman Monfor, that a* assignment approval is contingent on payment of outstanding liability. b. if t`:sy are not current in 90 days, legal action be taken by the City to recoup the property. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager Finance Director Brown introduced the new airport manager, Randy Ernat. H-2 Attorney None H-3 Mayor None W J KENAI CITY COUNCIL JULY 18, 1984 Page 15 H-4 City Clerk Clerk Whelan spoke. s. Nominating petitions for the two council seats are available at City Hall. b. Members of the audience have requested that Council members speak directly into their mikes so they can be heard better. H-5 Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission None H-9 Library Commission Library Commission Chairman Heus introduced Architect Gintoli. fir. Gintoli noted the library received a $1689000 State grant. Ha met with Finance Director Brown and City Manager Brighton to discuss use of the funds. (Mr. Gintoli reviewed the proposed changes and distributed material) There would be an additional 10,000 sq. ft. to the library, $75,000 for furnishings. They selected a ramp instead of an elevator, it took less space. There is a 10: bidding contingency. Councilman Wise asked if the $35,000 architect's fee was added onto the $920,000 total. Mr. Gintoli replied yes, he thought there was money left over in bond funds from the police and library bond money. Finance Director Brown explained they took equal amounts from both to the community center. There is $67,500 of bond money left. There was an error in the totals, the estimated total cost is $9309000. With $35,000 architect's fees, the amount is $965,000; with $890,OOD available, they are short $75,000. Councilwoman Monfor said she would like the City to see what they could do about the short fall. With the bidding as good as it is, we should do it now and worry about furnishings later. Mr. Gintoli added, there would be additional detailed estimate after the design development phase. Library Commission Chairman Hous reported, the feeling of the Commission was to go with the design as presented. We would be getting more space for less money than with other options. Also, we have money in hand. They would rather go short on furnishings for additional space. The furnishings would come along, there were not that many needed. Librarian DeForest explained there would be a day light basement and a second story, there were 7 steps down. They anticipated volunteers on each level. This would relieve the pressure in the present office. Non-fiction and reference on the lower level, that would be the heaviest use. The upper level would be fiction, listening area, magazines - it would not need an attendant at all times. They have acquired additional volunteers. She has talked to Mr. Engen, State Librarian. He has promised additional support as a sub -regional status and would get a "portion" of a State employee. The State has a library circulating card system in Anchorage they are looking for a place for experimental work for W ,000, they are looking at Kenai. They do not need that many a 1 t" t KENAI CITY COUNCIL JULY 18, 1984 Page 16 furnishings at this time. They would not ask for additional people at this time. Library Commission Member Swarner urged support of the proposal and noted the grant needs to be committed within 90 days. Councilman Wise asked if there was money in the engineering fund. Public Works Director Kornelis replied the furnishings will not be bid in this project, that money could be used. Mr. Gintoli, in reply to questions, said they could start the middle of September, it would be February before completion. Councilwoman Monfor noted that would give the Librarian time to find money for furnishings. Councilman Wise asked if they could go out to bid in one month. Mr. Gintoli replied they could get it done in 30 days, they will do the bid in mid -August. The masonry work could be done by the end of October, they would have to do the exterior painting in spring. Councilman Wise asked if they could obligate $35,000. After a recess for research, Finance Director Brown reported the engineering budget is $66,000, they are $14,000 short. He added, the money should be transferred by resolution and Council should not go ahead without a transfer. That would not be the right way to do it. Vice Mayor Measles said they could authorize going ahead this date and approve the resolution at the next meeting. Mr. Gintoli agreed to the suggestion. MOTIONS Councilwoman Monfor moved, seconded by Councilwoman Bailie, to authorize Carmen Gintoli to proceed with design of a split level, 2 story addition to the library, and direct Administration to have a resolution prepared for the August 1, 1984 meeting to authorize funds. Motion passed by unanimous consent. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Ed Call, 1202 Lilac, Kenai. There is a situation on Lilac, there has been a fence put up by George Miller across the the bluff at the end of the road. He says the Natives own it. This is a bad situation we have tried to correct with 4 mayors, 5 city managers and many lawyers. None have straightened it up. Bill Quandt offered it to the City, he claims it. It has had many names. An easement was given to the Army to maintain sewer outfall at the end of the road. The outfall has been abandoned. State law says you cannot give an easement on an easement. Mr. Ahlstrom homesteaded it, 0. Quandt negotiated with him to buy the road. The outfall is still there, it belongs to the homestead. About 1/3 acre probably belongs to the Natives. Nick 6 Elsie Wyler gave about 8 Acres to the Government. The 6 ft. fence is part of the road and should be returned to the original homestead. b. Ozzie Osborne, 2908 C00% Inlet View Dr., Kenai. It appears not to be a dedicated road. If he blocked the area with a car, nothing could be done about it except by the owner. He has a ditch in front of his yard he would like to have something done with. He has talked to Public Works Dire^tor Kornelis and Engineer LaShot and they have not done anything. He also has a manhole in back that sticks up very high that he would like something done with. There is a hole in the street with a blockade and another hole with a couple of sawhorses that he would like something done with. Cook Inlet and Lilac have approximately 77 dwellings. Lilac was a good road till the City upgraded it. C. Calvin Quandt, Mile 7, Spur, Kenai. He is representing his father and himself. The 1611 sewer line should be raised and run the other way on Lilac. The City has r � KENAI CITY COUNCIL JULY 180 1984 Page 17 provided Wildwood with police protection and water A sewer, but there is no water & sewer in Thompson Park. Did the City ask anyone before they dumped mud over? He and his father own 17 lots behind Section 360 one on Lilac, and one on Cook Inlet View Dr. This needs to be settled. The City wants to promote tourism, this is one of the best views in the area. It is a 6 ft. chain link fence, you cannot turn around. Also, the City took him to court regarding a public nuisance trailer on Lilac. The man next door made the complaint on a burned trailer. A lot are worse than that. The trailer is gone now. He is in contempt of court because he has a bad foot. He did not get a quit claim deed to the prnperty till Feb. 19849 so he did not own the property when he was prosecuted. He was never served. Atty. Rogers hung up on him when he called. Mr. Call sold they gave the City their water system. At the some time they put in a fire hydrant and sewer. According to engineers, they were brought up to grade and gravel to be ready for black top. A few years later they up -graded the road with deep ditches. The City went into Mommsen and there was no one there. There are about 44 in Lilac. Mr. puandt said the City claims there is a shortage of lots. He owns 3 on Lilac with water do sewer and cannot sell them for $10,000. MOTIONt - Councilwoman Monfor moved, seconded by Councilwoman Bailie, to direct Administration to look into the owners of Cook Inlet View Dr. and ask Public Works to look into the - condition of Lilac and take care of the open manhole. G Mr. Call added, Cable TV has two cables across the top of a manhole, that have been there about 4 months. There have been many reports to the City. MOTION, Additions Councilwoman Monfor moved, with consent of second, to add to .= the 'notion, to have the report for the Aug. 1, 1984 meeting. Mr. Cali said he called for City Manager Brighton, she said he was on vacation for 2 weeks. He asked for Finance s= Director Brown, he could not help. He asked for Public ,� Works Director Kornelis, he said he would not talk to him. She said to talk to George Miller. -- Motion passed by unanimous consent. d. Councilwoman Bailie. She would like the City to designate the business district on Spur Highway. Some people go through without knowing where the City is. e. Councilwoman Bailie. Regarding the No Smoking signs. ' They are irritating. Could we make our own? Vice Mayor Measles replied, that is illegal. ADJOURNMENTS Meetings adjourned at 12s30 AM. arc `✓� OM By COUNCIL CJanet Whelan City Clerk DATE JV CW CMOs I •. Crt4uraa Li Al1klIV 11kJ KENAI CITY COUNCIL, REGULAR MEETING JULY 18, 1984 Partial Translation H-9 Library Commission Report Library Commission Chairman Heus introduced Architect Gintoli. Mr. Gintoli noted the library received a $168,000 State grant. He met with Finance Director Brown and City Manager Brighton to discuss use of the funds. (Mr. Gintoli reviewed the proposed changes and distributed material) There would be an additional 10,000 sq. ft. to the library, $75,000 for furnishings. They selected a ramp instead of an elevator, it took less spare. There is a 10% bidding contingency. Councilman Wise asked if the $35,000 architect's fee was added onto the $920,000 total. Mr. Gintoli replied yes, he thought there was money left over in bond funds from the police and library bond money. Finance Director Brown explained they took equal amounts from both to the community center. There is $67,500 of bond money left. There was an error in the totals, the estimated total cost is $930,000. With $35,000 architect's fees, the amount is $965,000; with $890,000 available, they are short $75,000. Councilwoman Monfor said she would like the City to see what they could do about the short fall. With the bidding as good as it is, we should do it now and worry about furnishings later. Mr. Gintoli added, there would be additional detailed estimate after the design development phase. Library Commission Chairman heus reported, the feeling of the Commission was to go with the design as presented. We would be getting more space for less money than with other options. Also, we have money in hand. They would rather go short on furnishings for additional space. The furnishings would come along, there were not that many needed. Librarian DeForest explained there would be a day light basement and a second story, there were 7 steps down. They anticipated volunteers on each level. This would relieve the pressure in the present office. Non-fiction and reference on the lower level, that would be the heaviest use. The upper level would be fiction, listening area, magazines - it would not need an attendant at all times. They have acquired additional volunteers. She has talked to Mr. Engen, State Librarian. He has promised additional support as a sub -regional status and would get a "portion" of a State employee. The State has a library circulating card system in Anchorage, they are looking for a place for experimental work for $90,000, they are looking at Kenai. They do not need that many furnishings at this time. They would not ask for additional people at this time. Library Commission Member Swar.ner urged support of the proposal and noted the grant needs to be committed within 9a oays. Councilman Wise asked if there was money in the engineering fund. Public Works Director Kornelis replied the furnishings will not be bid in this project, that money could be used. Mr. Gintoli, in reply to questions, said they could start the middle of September, it would be February before completion. Councilwoman Monfor noted that would give the Librarian time to find money for furnishings. Councilman Wise asked if they could go out to bid in one month. Mr. Gintoli replied they could get it done in 30 days, they will do the bid in mid -August. The masonry work could be done by the end of October, they would have to do the exterior painting in Spring. Councilman Wise asked if they could obligate $35,O00. After a recess for research, finance Director Brown reported the engineering budget is $66#000, they are $14,0O0 short. He added, the money should be transferred by resolution and Council should not go ahead without a transfer. That would not be the right way to do it. Vice Mayor Meesles said they could authorize going ahead this date and approve the resolution at the next meeting. Mr. Gintoli agreed to the suggestion. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to authorize Carmen Gintoli to proceed with design of a split level, 2 story addition to the library, and direct Administration to have a resolution prepared for the August 1, 1984 meeting to authorize funds. Motion passed by unanimous consent. Janet Whelan City Clerk '1l