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HomeMy WebLinkAbout1984-08-01 Council Minutes�11 v i I t A. B. C. r AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 19 1984 - 7t00 PM WORK SESSION - 600 PM ROLL CALL. 1. Agenda Approval 2. Consent Agenda *4.11 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. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Frank Konte a. Paving Lilac St. b. Junk Yards in Area 2. Polly Crawford, Thompson Park - Objection to Engineering of Nevada St. 3. Architect C. Gintoli - Community Center - Interior Decorator PUBLIC HEARINGS I 1. Ordinance 954-84 - Amending Kenai Municipal Code - Application Fee for Rezoning Petitions 2. Ordinance 955-84 - Amending Kenai Municipal Code - Portable & Flashing Signs 3. Ordinance 956-84 - Increasing Rev/Appns - Community Center Design - $105,942 i 4. Resolution 84-86 - Submitting Charter Amendment to Voters at Oct. 2, 1984 Election - Filing Date for ' Council Candidates & Deleting Petition Requirements s 5. Resolution 84-07 - Transfer of Funds -Library Addition- $14 , 244 6. Resolution 84-88 - Transfer of Funds - Purchase Items In Airport Lounge - $5,000 7. Resolution 84-89 - Transfer of Funds - Lake, Marina, Granite Pt. - $4,660 8. Resolution 84-90 - Transfer of Funds - Aliak, McCollum, Cinderella, Fox, Princess, Linwood Ext. - $419500 9 . Resolution 84-91 - Street Names - Dena'ins Pt. Estates 10. Resolution 84-92 - Transfer of Funds - Fire Dept. - Monitor Pagers - $20100 11. *Transfer of Liquor License - Restaurant/Eating Place - Italian Gardens - 0. 0. MINUTES 1. *Regular Meeting, July 18, 1984 E. CORRESPONDENCE 1. *Cooperative Extension Service - Plant Test Site 2. *U.S. Secretary of Treasurer - Revenue Sharing 3. *Alaska DEC - Municipal Grants 4. City of Seward - Petition to Kenai Peninsula Borough - Fireworks Ban F. OLD BUSINESS 1. Ron Yamamoto - Doyle's Lease Application - Gusty S/D 2. Lease Application - Doyle - Gusty S/D G, NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 959-84 - Amending Kenai Municipal Code - Expanding Business Area Described in Awarding Competitive Bids 4. *Ordinance 960-04 - Establishing Assessment Fund - Sprucewood Glen - $227#000 5, Ordinance 961-84 - Amending Kenai Municipal Lode - Sign Code 6. *Ordinance 962-84 - Amending Zoning Map - Lawton Acres S/D 7. Discussion - Lease Application - Parker do Black - F80 S/D 8, McLane Proposal for Water do Sewer Engineering on Aliek, McCollum, Cinderella, fox, Princess, Linwood Ext. 9. Architect Gintoli Proposal for Design of Community Center 10. Nelson Proposal - Inspection do Surveying - Lake, Marine, Granite Pt., FBO, Main St, Loop No REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning do Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT KENAI CITY COUNCIL, REGULAR MEETING, MINUTES AUGUST 1, 19C4, 7:00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL. Presents Jess Hall, Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Bailie Absents None A-1 Agenda Approval a. Mayor Wagoner asked that item B-1, Frank Konte, be deleted. Council approved the agenda as amended. A-2 Consent Agenda MOTIONs Councilman Wise moved, seconded by Councilman Hall, to approve the Consent Agenda. Mayor Wagoner asked that items G-3, Ord. 959-84; and G-6, Ord. 962-84 be deleted from the Consent Agenda. Councilman Wise asked that items E-3, DEC Letter; and G-5, Ord. 961-84, Sign Code be deleted from the Consent Agenda. (NOTEs G-5 was not part of the Consent Agenda) Motion passed as amended. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Polly Crawford, Thompson Park - Objection to Engineering of Nevada St. Mrs. Crawford explained, when she bought her home in Thompson Park, it had perfect drainage. Now it does not. The hill in front has been removed. The driveway was 2%-3% grade, it will be 9: now. She does not have the money to buy a 4-wheel drive vehicle. They will not replace all the dirt they took out. They are building the road sideways, lifting the road on the outside. She does not know how that will work. It devalues her property and the neighbor's also. They cannot drive their trailer in. She feels she has some compensation due. They intended to build an access driveway on Togiak, now they cannot. They are asking for another driveway in front of their lot and ask the City to compensate them for it. They planned to have a 2-car garage in front of the current garage. They have not had a property appraisal, but they bought this house because of the driveway. It is devalued in their estimation. Councilwoman Bailie asked if that type of driveway has been tried before. Public Works Director Kornelis replied, yes, this is not a steep grade. There are houses on the other aide, it could drain into them. City policy is to require residents to pay for additional driveways. He estimates the cost at $7 oox to $8000 . Councilman Wise suggested this item be tailed till thJproject is complete. Council agreed to the suggestion. B-2 Architect Gintoli - Community Center - Interior Decorator Mr. Gintoli noted the 2 proposals in the packet. Both are of equal quality. Alley has more experience. He talked to 5 people, 2 put in proposals. The local people felt they could not handle it. Mayor Wagoner said he would like to jJ I n KENAI CITY COUNCIL AUGUST 1 , 1984 Page 2 see them work with the Community Center committee. Mr. Gintoli said they ire aware of this. Mayor Wagoner asked if the architect's fee would be reduced if this is accepted. Mr. Gintoli replied he did not separate this out, it would be less, but they are working on a not -to -exceed figure. He explained, Mr. Alley did not know exactly what the City wanted from him. He is an architect, Ma. Epperson io an interior decorator. NOTIONS Councilwoman Rallis moved, seconded by Councilman Measles, to approve Epperheimer as interior designer for the Community Center. Motion passed by unanimous consent. ADDITIONAL ITEMS Ed Call, Cook Inlet View Dr. Mayor Wagoner asked that this item be added under Old Business. Council agreed to the request. C. PUBLIC HEARINGS C-1 Ordinance 954-84 - Amending KMC - Application Fee for Rezoning Petitions. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. Thorn was no public comment. Motion passed unanimously by roll call vote. C-2 Ordinance 955-84 - Amending KMC - Portable & flashing Signs MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. PUBLIC COMMENTS of Dan Knacketedt, Dan's Union. He asked Council to hold off on adoption of the ordinance for at least 2 years to let the businessmen buy other signs. He needs the sign for advertising. He cannot afford TV or newspapers. Council is getting into a grey area with restrictions on signs. He does not like flashing signs, but he has gone to expense for electric work on his sign. b. Connie Keevil. Eliminating portable and blinking signs will do more for improving the City than anything the City can do. They do nothing for the City. Small business owners can buy what they can afford, they do not need to be expensive. c. Mary Swenor, Specialty Subs. They have one of the signs listed on the ordinance. They need it. Regarding having lights out in the sign, that is because of vandalism. In their case there is no place to put a sign because of the road. People cannot see them from the road. 75% of their busineso comes from that sign. Everybody in Soldotna has them. She did not think they were an eyesoreo KENAI CITY COUNCIL AUGUST 1, 1984 Page 3 Councilman Wise noted Mr. Knackstedt's sign would not be illegal if the legs were bapied. The question is, what do we really want? Mayor Wagoner noted a lot of signs in Kenai and Soldotna are in the right of way and are illegal. This is not something new, but it has been ignored by the City. Councilwoman Bailie said she understood the signs would help for businesses, but their location on the Spur is of benefit to them. The City has gone to great expense to beautify the City, these undo all that we are trying to do. We have a sign code that will be in effect Sept. 150 1984. This ordinance would be in effect Sept. 1. She suggested this be defeated in lieu of the regular ordinance. Mayor Wagoner said if reader signs can be installed permanently, they are legal. But that does not solve the problem. He asked the cost of the signs. Mr. Knackstedt replied, he paid $1,500. Ms. Swenor said she paid $19000, a new one is $1,340. The question is, where do they get rid of them? VOTE (Failod)s Motion failed unanimously by roll call vote. C-3 Ordinance 956-04 - Increasing Rev/Appns - Community Center Design - $1059942 MOTION$ Councilman Measles moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Monfort to amend the amount to $109,500. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-4 Resolution 84-86 - Submitting Charter Amendment to voters at Oct. 2, 1984 Election - Filing Date for Council Candidates & Deleting Petition Requirements MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfort to adopt the substitute resolution submitted this date. There was no public comment. City Manager Brighton explained, the substitute was suggested to divide the two questions. Mayor Wagoner said if a person cannot get 20 signatures he should not be on the ballot. Atty. Rogers explained, the purpooe was to cut through some of the bureaucracy. The Clerk is faced with verification at the last minute, it has become burdensome. The requirement has not precluded anyone from running. The City has enough trouble getting candidates without one extra burden. s " i KENAI CITY COUNCIL AUGUST 1, 1984 Page 4 r. VOTE (Passed)s Yess Monfor, Wise, Ackerly, Bailie Nos Hall, Measles, Wagoner C-5 Resolution 84-87 - Transfer of Funds - Library Addition - s149244 NOTION$ Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENTS So Keri Mohn, President of Library Board. She urged adoption of the resolution. This is the best utilization of funds available. 609000 people have walked into the library, 66,000 books have been checked out. There will be more with growth of the City. They would like to have the building now so they would not have to core back in 5 years. Finance Director Brown explained this is for the shortfall, not in the original appropriation. Mr. Gintoli'$ contract for redesigning is $350000. Councilwoman Bailie asked if Mr. Gintoli had designed a 5,000 sq. ft. facility, Mr. Gintoli replied yes. Councilwoman Bailie suggested putting both out to bid. Mr. Gintoli said he has spoken to some contractors, they were agreeable. Bonding would be for both. There are a lot of details in the let design that will work for both. Councilman Wise suggested identifying the funds on a cover sheet to the bidders. Council agreed to the suggestion. Mayor Wagoner asked, if we go to 109000 sq. ft., will it require additional parking. Building Inspector Hackney replied, yes. Mr. Gintoli said there is space on the south side (Fidalgo St.) for 20 cars. It will probably be about $35#000 additional. Councilwoman Monfor suggested going for 89000 sq. ft., that would give us parking, furnishing, etc. Mayor Wagoner said the City should not build any facility that cannot be designed for expansion. Councilwoman Monfor said her suggestion was 49000 sq. ft. on each floor, still 2-story. Mr. Gintoli said they planned not going below the existing level, it would be a daylight basement. The redesign is a not -to -exceed figure. He has not started the redesign. He has 2 people willing to come to work, he will put 2-3 people on it. Motion passed by unanimous consent. ADDED ITEM ON AGENDAS Council agreed to discuss the Library Addition design concept. 7IoII(11LT Councilman Wise moved, seconded by Councilman Ackerly, to approve 10,000 sq. ft. Councilman Wise said this would not eliminate the 5,000 sq. ft. figure, but there would be an upper limit of 10,000 sq. ft. Mayor Wagoner asked if it would be difficult to bid 5,100 sq. ft. daylight basement or the whole thing as deducted alternate. Mr. Gintoli replied it would be more work. The bid with lower level as bass bid, 2nd as alternate bid would need a stronger roof and changing the KENAI CITY COUNCIL AUGUST 1, 1984 Page 5 elevator space. MOTION, Withdrawals Councilman Wise, with consent of second, withdrew his motion. MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to award $359000 contract to Mr. Gintoli to design 109250 sq. ft. building for primary bid and 2nd story as added alternate. Notion passed by unanimous consent. C-6 Resolution 84-88 - Transfer of Funds - Purchase Items in Airport Lounge - $5,000 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Mayor Wagoner explained, these are the items in the bar that belonged to the previous owner. Notion passed by unanimous consent. C-7 Resolution 64-89 - Transfer of Funds - Lake, Marine, Granite Pt. - $40660 MOTIONS Councilman Ackerly !noved, seconded by Councilman Wise, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Resolution 84-90 - Transfer of Funds - Aliak, McCollum, Cinderella, fox, Princess, Linwood Ext. - $41,500 MOTIONS Councilman ►rise moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-9 Resolution 84-91 - Street Names - Dena'ina Pt. Estates MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 Resolution 84-92 - Transfer of Funds - Fire Dept. - Monitor Pagers - $2,100 i F KENAI CITY COUNCIL AUGUST 1, 1984 Page 6 MOTIONS Councilman Ackerly moved, seconded by Councilman Wise, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-11 Transfer of Liquor License - Restaurant/Eati.ng Place - Italian Gardens Approved under Consent Agenda. 0. MINUTES 0-1 Regular Meeting, July 18, 1984 Approved under Consent Agenda. E. CORRESPONDENCE E-2 U.S. Secy of Treasury - Revenue Sharing Accepted under Consent Agenda. E-3 Alaska DEC - Municipal Grants Councilman Wise asked, where is the City on State and Federal EPA grant programs? What did we submit? The Wince, Corthell, Bryson study on sewer at Thompson Park, and Alisk, etc. projects are EPA eligible. Public Works Director Kornelis replied, they were submitted the some as last year. One was Thompson Park, the other is the Beaver Creek interceptor. They have sent the Wince, Corthell, Bryson study to DEC, they are handling EPA. Last year we were placed on the EPA priority list. E. Kenai was #27. Beaver Loop was on the list Statewide. In past years it was 755 grant, now it is 55:. It was submitted July 10. On DEC, we have till Aug. 15 to submit. We were listed fairly high last year on Thompson Park. It is unlikely we will get it this year, but we will try next year. He distributed the DEC summary of last year. Councilman Wise suggested changing priorities, Princess, etc. to lot place. Since we have allocated for goads, water 6 sewer it is not enough from the State. May:zr Wagoner said this was not authorized by Council and the people. It was the attitude of Council that we have an assessment district. Councilman Wise said, the people are committing themselves by asking for 20% assessment. We said we would engineer and find the money. If we can get DEC money for this, we can add to the $650,000. He suggested moving Thompson Park to p2 place, take out water & put in sewer. MOTIONs Councilman Wise moved, seconded by Councilwoman Bailie, that in our projects submitted to DEC this year, change item #2 to #1, item #7 to 02. MOTION, Additions Councilmen Measles suggested changing item #8 to #13. Motion passed unanimously by roll call vote. 4 Councilman Wise suggested taking item 04 off. �< No action was taken by Council on this item. KENAI CITY COUNCIL AUGUST 1, 1984 Page 7 E-1 Cooperative Extension Service - Plant Test Site Mayor Wagoner asked that this item be deleted from the Consent Agenda for discussion. Mayor Wagoner asked, when will the fence be built? City Manager Brighton replied, revenue sharing will be discussed at the next meeting. He thought this was to be revenue sharing. Public Works Director Kornelis suggested they could advertise anticipating approval. Council agreed to the suggestion. E-4 City of Seward - Petition to Kenai Peninsula Borough - Fireworks Ban Mayor Wagoner asked that the resolution submitted in 1981 be redrafted and sent to the Borough. Fire Chief Winston noted there have been two incidents this year. Mayor Wagoner suggested sale of fireworks be restricted to two weeks around July 4. Council agreed to the request. F. OLD BUSINESS F-1 Ron Yamamoto - Doyle's Lease Application - Gusty S/D Atty. David Clark, Anchorage, spoke for Mr. Yamamoto. He has not reviewed the City records, he reviewed Mr. Yamamoto's records. In March 1978 Mr. Yamamoto submitted an application urider the then -current ordinance. The land was owned by FAA, it was not subdivided and platted. There was an effort to acquire from FAA for lease. Mr. Yamamoto took the item to P&Z. They tabled till the Airport Master Plan was done. In Sept. 1980 a letter was sent from City Manager Brighton asking FAA for a decision. From the tons there had been correspondence between Mr. Yamamoto, FAA and Mr. Brighton. In Nov. 1980, Mr. Yamamoto asked P&Z for a decision, it was tabled again till the next meeting. In Nov. 1980 a letter was sent from Mr. Brighton to FAA asking for authorization to lease to Mr. Yamamoto. In Dec. 1980 P&Z acted on the lease application, it was approved and sent to Council. In Dec. 1980 a letter was sent from Mr. Brighton to Council asking for approval. Mr. Yamamoto has contacted the City at least 4 times per year regarding status of the lease. In every communication they said the lease was current and no other application was on file. In April 1984 a letter was sent from Land Manager Lobahn to Mr. Yamamoto saying the concept lease was no longer active in accordance with current Code. Mr. Yamamoto fulfilled all the requirements and paid the fees. In 19819 the ordinance was changed, filing fee was increased and a $500 deposit. Mr. Yamamoto did not receive the April 1984 letter because it was sent to an old address. In April 1984 Mr. Brighton sent a letter to Mr. Yamamoto that he had no vested right to the property. Mr. Yamamoto agrees, but the ordinance sets up due process for filing. An individual is entitled to receiving treatment according to ordinance. The 1981 change did not say the lease application had a deadline. The proper step to take, rather than rejection, wars to inform Mr. Yamamoto that the ordinance had changed and give him an opportunity to cure. By Mr. Lsbahn's action, this process has been denied. Regarding Mr. Yamamoto's application in relation to Doyle, in 1980 P&Z passed Mr. Yamamoto's application, this has never been revoked. Atty. Rogers noted KMC 21,10.040 is as Atty. Clark has said, but if the lease is not entered into in 6 months, the application expires. Thst is not to say Council could not, in the beat interests of the City, have P6Z and Council consider both KENAI CITY COUNCIL. AUGUST 1, 1984 Page 8 lease applications. Regarding the address used by Mr. Labahn, this was the address given on the lease application. Also, the lease application is in Ron and Collette Yamamoto's name. Atty. Clark replied, that is his former wife. He is advocating Mr. Yamamoto's rights at this point. They are divorced and he doesn't know the settlement. They are asking for priority pursuant to the ordinance. The lot lease application is given priority subject to P&Z finding that this is the highest and best use. Mayor Wagoner noted the ordinance says in 6 months it is cancelled, but Mr. Yamamoto has inquired over a period of time. P.approved Mr. Yamamoto's application and then one for Doyle after Mr. Labahn rejected Mr. Yamamoto's application. Atty. Rogers asked, did Mr. Labahn's letter ask him to reapply? Mayor Wagoner replied no. Atty. Rogers said the beat solution is for Mr. Yamamoto and Mr. Doyle submit applications to P&Z. Council can accept or reject. Councilman Wise said the airport land was deeded to the City with reservations not to use for anything other than airport related activities. We had to get a release from FAA. We asked for a concept lease but could not identify with a legal description. The lease could not be consumated. The release was not made till 1983. It would appear the concept lease was valid till the land was identified. The 6 month's stipulation was not on the concept lease, the 6 month's date does not apply. Once the land was legally available for lease, what did we do and did we do it right? Atty. Rogers replied, the letter of April 1984 from Mr. Labahn returned th-- concept lease to Mr. Yamamoto. Mr. Labahn said the land was available in 1983. The letter dated April 1984 was the tat written correspondence he had with Mr. Yamamoto. The property was platted and filed June 1983. The deed of release was approximately that date. Atty. Rogers said regardless of what was done, the Code has a 6 month's provision. It does not make f, distinction between leases and concept leases. To do other than send them to P&Z and back to Council, we would have an argument on Doyle's side. This way everyone has an opportunity to be heard. MOTION s ;a.11 Councilman Measles moved, seconded by Councilwoman Bailie, to send both lease applications to P&Z as competing applications. _ Atty. Clark said Mr. Yamamoto has spent considerable time and money to this date. He has gone through all the steps = with P&Z. The lease concept is "grandfathered" in. He asked it not be sent back to P&Z. Mr. Yamamoto was in touch -_ with Mr. Doyle. He thought he had a valid application. Mr. F Doyle was fully aware of this. Councilman Wise said if we f-: send this back to P&ZO they have a concept lease that does not identify the property legally. He has a problem with Mr. Yamamoto not filing a formal lease application on his .s own. We had a legal description in mid 1983. He asked if Mr. Yamamoto had been advised to update the lease application. Atty. Rogers did not know. Councilman Wise said if we go back to P&Z, he has to bring a new application to compete. Marko Zurack, representing Doyle, spoke. He submitted the application. He had talked to Mr. Yamamoto regarding F potential development. It was pointed out to Mr. Zurack by a 3rd party that the lot was available. He called Mr. Lsbahn and he said it was. He spoke to Mr. Yamamoto 3 times ( and asked if he was sure he had a lease, he said yes. Mr. Zurack told him he should check into it. A few days passed, he thought he would file since it was available. He filed and wee told there were no other applications submitted. His lease has been accepted by P&Z. Mr. Yamamoto was aware KENAI CITY COUNCIL AUGUST 1, 1984 Page 9 before he applied that he was told it was available. Atty. Rogers explained he suggested Mr. Yamamoto submit a supplement and it be considered in the beat interests of the City. Mayor Wagoner asked why he should submit a 2nd one if P&Z approved the lot one. Atty. Rogers explained, they did not consider it a valid application. Mayor Wagoner asked if that was Mr. Yamamoto's or the City's fault. Atty. Rogers replied, that is something we may have to litigate. VOTE (Passed)s Yess Hall, Measles, Wise, Railie Not Monfor, Wagoner, Acketly F-2 Lease Application - Doyle - Gusty 3/0 Mayor Wagoner said this item is moot, after the action on item F-1 F-3 Ed Call - Cook Inlet View Drive a. Ed Call, 1202 Lilac. There is a fence across the end of this road that is on a section line. It is illegal to fence a section line. The Natives claim it, Bill Quandt claims it, the City is maintaining it but does not claim it. The fence is 6 ft. high.Somebody has driven through it. There are signs saying "private property, keep off." We have to find out who owns the property. Did the City expend any money to install the fence, other than the wages of an engineer? City Manager Brighton replied, the City has spent no money, the City Engineer was not involved. Public Works Director Kornelis said George Miller called him and said he wanted to extend the fence to Section 36. Mr. Kornelis said he would take a look. He told Mr. Miller he did not want to get involved with the fence. Mr. Kornelis did not know it was a section line. There is a legal question, there was a period or time that section lines did not have automatic 30 ft. easement. Mr. Call said, according to the Borough, it makes a difference if it is State or Federal. The 5 acres the Natives claim were given to the government by people not living here now. It is washing away. Mayor Wagoner said Administration has been directed to research this, there aret papers owned by some individuals that may help, Atty. Rogers would like to have theca. Mr. Call said he has given documents to the City and they have been lost. Atty. Rogers said he has met with George Miller and a title company representative. A title search has never been done, but is being done now. He has talked to the people who may own the property and asked them what.are their desires. The are amenable that they get out from under. He hoped to have some information by Aug. 15 meeting. Mr. Call said the City made a title search on the adjoining lots. Atty. Rogers replied he could find no record of it, when did they do it? Mr. Call replied, about 10 years ago. Lilac St. is tied into it. The City put a culvert across there. It was an open ditch with a log barricade, the barricade was knocked down. The City put a culvert across there. All traffic comes in his direction now. The culvert is illegal. The upgrading of Lilac is a bone of contention. Fire hydrants and sewers were put in, it was upgraded to put in black top. They have 3 ditches now. In winter cars cannot pass. 43 families live on this street. The City is servicing people where there is one church and one house. Lilac should be upgraded to black top and KENAI CITY COUNCIL AUGUST 1, 1984 Page 10 curbs. They have been on the priority list for some time now. Mayor Wagoner said Council is starting work sessions on capital improvements, this will be discussed. Mr. Call said there is a street off Lilac the City does not recognize, it could be tied into the section line - it runs into it. Mayor Wagoner replied, it is not up to City standards. Mr. Call noted it is on the City plat, Mayor Wagoner explained that does not mean the City is responsible for the road. It is the subdivider's responsibility till it is up to requirements. b. Calvin Quandt, Kenai. Mr. Ahlstrom owns the road. Bill Quandt paid Atty. Garnett $1,000 to find that out. Mr. Ahlstrom was to send the City copies of this information. Bill Quandt has tried to give the road to the City. Mr. Ahlstrom wants $59000. This is a public access road. There is a hole poked in the fence. The easement is 55 ft. for the section line. It was platted by the Borough about 1953. Mr. McGshan had the subdivision. The name is not legally Lilac, it is Illiamns. Charlie Parker found the survey line; everyone else is 18 in. off. The fence is in the middle of the section line. The City has maintained the street for 12 years, it could be theirs by eminent dowsain. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Wise moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 MOTION: Councilman Measles moved, seconded by Councilman Wise, to approve the requisitions. Mayor Wagoner asked that Wm. Cooper, MD, i69000 - be discussed separately. Motion passed by unanimous consent. WM. COOPER, M.D. - $6,000 MOTION: Councilman Wise moved, seconded by Councilman Ackerly, to approve the requisition. Mayor Wagoner said in March 1984 we agreed there was to be discussions with Dr. Hansen. He asked that this not be approved, and have a work session with Dr. Hansen, Council, Fire Chief Winston and EMS Director Lovett. Finance Director Brown explained, Council made a motion to award to the hospital, an amount was not mentioned. Dr. Hansen said he did not want them at the hospital. The motion was not right, it was not the hospital, but Dr. Cooper. Council has approved the concept. Councilman Ackerly asked if it would make a difference in service till the work session. Fire Chief Winston replied, legally we have no service at this i l KE.NAI CITY COUNCIL AUGUST 1, 1964 Page 11 time. In order to continue service at this level, according to State statute, we must have a physician advisor. The contract with Dr. Hansen lapsed June 30. MOTION$ Councilmen Nesslea moved, »Ccooded by Councilwoman Sailie, to table this item till a work session. Notion passed unanimously by roll call vote. Council agreed to a work session on Tues., Aug. 7, 1984 at 6$00 PM. Clerk Whelan was asked to set up the work session. Mayor Wagoner asked ff there could be a temporary contract with Dr. Hansen. Atty. Rogers said he will contact him. MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to pro rate the amount on the contract (with Dr. Hansen) till this is settled. Motion passed by unanimous consent. G-•3 Ordinance 959-84 - Amending KMC - Expanding Business Area Described in Awarding Competitive Bids MOTION$ Councilman. Wise moved, seconded by Councilman Ackerly, to introduce the ordinance with the following amendments$ in the NOW THEREFORE clause, (b), line 2, delete ", or" from the sentence. Councilman Wise explained, at they July 189 1984 meeting Council took exception as mentioned in this ordinance. The ordinance was adopted in 1981, but has never been used before. Mayor Wagoner noted it had not been ignored, just not used. Councilmen Wise said, drawing a net around Kenai may make more problems. It should include Nikiski, Sterling, Kalifornsky Beach and Soldotno. We should try to enhance the core area. Mayor Wagoner said if we were a Borough -wide body, he could agree. Councilpersons are elected by the citizens of Kenai to take care of the business of the City. We owe it to our business people to award them contracts if it is in our best interests. Councilman Hall noted there may be a situation where a City resident owns a company that is outside the City; or the low bidder has employees that live outside the City. MOTION, Amendments Councilman Hall moved to state the principles and owners or officers reside in the community. Motion died for lack of a second. Atty. Rogers noted this type of statute is being attacked nationally. The problem of going beyond the present ordinance is, you have vagueness that may be an argument as to what is included. This is not using Borough bounds. The City boundaries have direct relationship to City business. Council would be ill-advised to go beyond the present ordinance, the present one could be cleaned up. It is discretionary. He suggested changing the "shall" to "may" in (b), line 8. Councilman Measles asked if the Borough has a 5% differential. Atty. Rogers replied, the State does. Mayor Wagoner added, 5% with a maximum. Atty. Rogers said he would review adding a percentage with a maximum. KENAI CITY COUNCIL. AUGUST 1, 1984 Page 12 Councilman Ackerly suggested using the hospital service -- area. He would prefer no ordinance at all and yu to low bidder. Atty. Rogers explained, the service area does not have the validity of geogrepnic bounds of the City. Councilwoman Bailie noted Council is not elected by the service area, but by the citizens of the City. This might be an incentive for businesses within the City to bid. !' Councilman Ackerly said this ordinance is the some as introducing one that limits the fast food restaurants in the City. Mayor Wagoner explained this was introduced when a businessman bid on some tires for the City and lost by less than $20 to an Anchorage business. By the time the City gets through with the paperwork, it cost more than the local bidder cost. MOTIONS Councilman Measles moved, seconded by Councilman Hall, to table the item till Sept. 5, 1984 meeting. Motion passed unanimously by roll call vote. G-4 Ordinance 960-64 - Establishing Assessment Fund - Sprucewood Glen - $227,000 Introduced under Consent Agenda. G-i Ordinance 961-84 - Amending KMC •- Sign Code r MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. n Councilman Wise said there are a lot of signs in the City that are illegal. We do not know how many, we do not know the scope of the problem. Mayor Wagoner said this has been before P&Z. Councilman Wise said he asked Administration to review, but he has not heard anything. Mayor Wagoner o' said the ordinance can be amended, it is important that we get something in effect. City Manager Brighton said if t there are any specific problems, they can be addressed by Building Inspector Hackney. Councilman Ackerly asked if copies of the ordinance could be distributed at the Chamber ;.� of Commerce meeting. Motion passed by unanimous consent. G-6 Ordinance 962-84 - Amending Zoning Map - Lawton Acres S/O i MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, r to introduce :he ordinance. `s VICE MAYOR MEASLES TOOK THE CHAIR. MOTION, Amendments Ism �-moo Mayor Wagoner moved, seconded by Councilwoman Bailie, to amend the ordinance the lot numbers 1-19 to 17-29 and lot numbers 1-24 to 17-24. Mayor Wagoner explained, the City contacted FAA for release. They paid for platting. He does not mind a conservation zone, the contractor has said it would be expensive to put in water & sewer there. He questioned the authority of P&Z to refer to Rec. Comm. after Council has platted and submitted it to the Borough. Councilman Ackerly noted the people that applied should be notified that it has been KENAI CITY COUNCIL AUGUST 1, 1984 Page 13 -- amended. Land Manager Labohn explained, this has gone on for about a year. About 16 acres is involved. The -strip on Lawton was zoned residential. The Rec. Comm, recommended rezoning the whole area for conservation. Rec. Director McGillivray explained, the Rec. Comm. had a petition to develop a park in part of it, but they rejected it. Mayor Wagoner suggested limiting the number of permits across the road, there should not be a sewer line across the gulley for every lot. Public Works Director Kornelis replied, the Code prohibits one line with a branch out. VOTE, Amendment (Passed): Yost Measles, Monfor, Wagoner, Ackerly, Bailie Not Hall, Wise VOTE, Main Motion as Amended (Passed)s j' Yost Measles, Monfor, Wise, Wagoner, Ackerly, Bailie Not Hall MAYOR WAGONER RESUMED THE CHAIR. G-7 Discussion - Lease Application - Parker & Black - FOG S/D - MOTIONt Councilman Wise moved, seconded by Councilman Ackerly, to approve the application subject to the seven conditions as listed in the memo dated July 26, 1984. Lc: Motion passed by unanimous consent. �t G-6 McLane Proposal for Water h Sewer Engineering on Aliak, McCollum, Cinderella, Fox, Princese, Linwood Ext. MOTIONS o Councilman Wise moved, seconded by Councilman Measles, to ` award the project to McLane for $41,500. Councilwoman Bailie suggested the City consider more than l one sewer cut on large lots. In some areas the'sidewalks have been in and have had to be cut. Public Works Director Kornelis explained, this has been considered, but there is --- no way of estimating. Mayor Wagoner ruled the discuooion out of order. `- - Motion passed by unanimous consent. - G-9 Architect Gintoli Proposal for Design of Community Center MOTION: F Councilman Wise moved, seconded by Councilwoman Sailie, to accept the proposal from Architect Gintoli and consortium, ' including the interior decorator for $1869442. r Councilwoman Monfor noted we have nothing definite on ri funding the building. Councilman Measles said chances are greater to get f nding if they have a design. Councilwoman Monfor asked, if we do not get funding from the State,will y we pursue other ways to finance? Mayor Wagoner said yes, he �. was promoting the City to pay for it, but after viewing other community fundings, they felt they should try the .. State. �5 I' KENAI CITY COUNCIL AUGUST 1, 1984 Page 14 VOTE (Passed)% Yess Hall, Measles, Monfor, Wise, Wagoner, Bailie Not Ackerly G-10 Nelson Proposal - Inspection h Surveying - Lake, Marine, Granite Pt., FBO, Main St. Loop MOTIONS Councilmen Wise moved, seconded by Councilwoman beilie, to approve the proposal as submitted. Councilman Wise asked if this was under the Davis/Bacon Act. Mr. Nelson replied, this will be Davis/Bacon wages. Councilman Wise said some of our work has not been done under the Davis/Bacon Act. Atty. Rogers said he addressed that when he first come to work here, there hoe not been any problem. Motion passed by unanimous consent. H. REPORTS H-1 City Manager City Manager Brighton spoke. a. He has received a request from MarkAir, Inc. for 9irport terminal space - counter space, use of the baggage belt and security. It can be worked out with Administration for no additional cost. They will request both available spaces. Councilman Wise asked if the City would pay for the counter. Mr. Brighton replied, the City has paid for all but one, that one was taken with them. b. Councilwoman Monfor asked, is Mr. Lowry's shopping center going ahead? Finance Director Brown replied, he is on the delinquency list, so is Peninsula Development. He will report at the Aug. 15 meeting. Councilwoman Monfor noted at the July 18 meeting, it was reported he was delinquent on Sprucewood Glen. Atty. Rogers said Council gave him 90 days from date of delinquency. Finance Director Brown noted that woo Mr. Partse. - c. Councilman Measles asked, what is the status of the bowling alley? Land Manager Labahn replied, the development schedule says substantial completion by Sept. 1984. He will contact them. There is a problem with delinquency on that account. - H-1,b (contd)S Land Manager Labahn said, regarding Lowry do Partee. ' Administration has sent a letter regarding the 90 day deadline. The 90 days was up tais date, they have not heard from them. This will go to Atty. Rogers. Aug. z. d. Councilman Measles asked about the Grizzley Aircraft i lease renewal, contingent on improvements being made. He has ctopped the work. Land Manager Labahn K}, aSMlied, they have ordered materials. He will advise them of the deadline. k � , RM KENAI CITY COUNCIL AUGUST 19 1984 Page 15 H-2 City Attorney i Atty. Rogers spoke. a. Regarding Info Item 019 in the packet - Enstar letter regarding increase in royalty gas price. If Enstar acquires KUSCO the City may be included in the assessments, about $25 Million. The surcharge against Enstar gas users will be $10 per person. b. Regarding Info Item 020 in the packet - Request from Sandra Daniels for extension for bond acquisition, airport bar lease. The City has the regc red two month's rent ($129000) pluo the tat month's rent. He will allow the extension, with Council approval. Council took no action. c. Regarding Info Item 022 - tarp, handbill and litter ordinance. He is still working on this, it is just for Council review. d. Cable TV. Federal legislation is moving along that will allow a franchise fee. He will have a model franchise ordinance soon. There is court ruling that diminishes the power the City can have over Cable TV if there is a State PUC organisation. e, He and City Manager Brighton conferred with Union Oil people in Los Angeles. He had hoped for written f documentation relative to our long term gas needs. He would like a commitment now while we are in front of PUC since Enstar is trying to extinguish the KUSCO contract. It was the City's desire for them to give us something to go to PUC. This would bolster our argument if Council wishes to take it back in 1987. E H-la (contd): -- Councilman Measles asked if Mark Air would be flying outside --- the State. Airport Manager Ernst replied they are proposing 3 flights to Prudhoe, 2 from here and one from Anchorage. They are looking at the Pitts' cargo apace. City Manager Brighton suggested approval of application subject to another airline coming in, they would have to relinquish. Council agreed to the suggestion. H-3 Mayor Mayor Wagoner spoke. a. He recommended Tom Wright for the vacancy on the Recreation Commission. Council agreed to the recommendation. b. The Energy Committee. This was formed, but has never met. He proposed disbanding the committee. MOTION: Councilman Ackerly moved, aoconded by Councilwoman Bailie, to disband the Energy Committee. Motion passed by unanimous c:onuent. { c. He requested the Clerk schedule for the Sept. 5 ,.; meeting, establinhing a Transportation Commisuion, consiHting of the Harbor Cominionion and Airport e . KENAI CITY COUNCIL AUGUST 1, 1984 Page 16 Committee. He asked for Council suggestions on this commission. d. He would like to schedule work sessions regarding capital improvement projects, with public input. He asked that this be added to the Aug. 7 work session agenda. e. He asked that Resolution 84-18, regarding a City Mini -permanent fund be placed on the Oct. 2 ballot. f. He requested P&Z, Beautification Committee and Council have a work session Aug. 8 at 6s0O PM to discuss the proposed landscaping ordinance. g. The Cemetery Committee. Councilwoman Bailie proposed Tim Wisniewski - chairman, James Hieber, Councilwoman Bailie, and Councilwoman Monfor. Council agreed to the proposal. h. There are barricades on 5th, where the land fill was created. The sweet sweeper dumped material that needs cleaning up. The barricade does not keep people out. Public Works Director Kornelis explained, it was not put up to keep people out, but for visual protection when driving there. Councilman Ackerly asked about the barricade on Beaver Creek. Public Works Director Kornelis replied, these are State barricades. H-4 Clerk None H-5 Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission Mayor Wagoner said the TAMS engineer will be here at 900 AN, Aug. 2, 1984 regarding design of the bulkhead in the dock facility. H-9 Librery Commission None I. PERSONS PRESENT SCHEDULED TO BE HEARD a. Atty. Rogers. There is a request to waive the bond on the Automatic Teller Machine in the airport terminal. It is self -standing and does not require a wall. If Council waives it after the bid is awarded, there may be a question if some would have bid without a bonding requirement. The bond is $10,000. i t✓ i 4 4 Y e KENAI CITY COUNr,IL AUGUST 1, 1984 P"ge 11 MOTIONS Councilman Wise moved for approval of the waiver. Motion died for lack of a second. No action was taken on this item. b. Councilwoman Monfor asked, how is the Welcome to Kenai sign corning along? City Manager Brighton said he would check on it. ADJOURNMENTS Meeting adjourned at 1200 AH. ' Janet Whelan City Clerk APPtOV® BY COUNCIL DATE CITY CLERK t I I .. I . I I REGULAR MEETINGj PARTIAL TRANSLATION F. OLD BUSINESS F-1 Ron Yamamoto - Doyle's Lease Application Gusty S/D MOTIONs Councilman Measles moved, seconded by Councilwoman Bailieg to send both lease applications to Planning & Zoning Commission as competing applications. VOTE (Passed)s Yes$ Hallo Messlesp Wise, Bailie / 3anot Whelan 2aity Clark . . ` , . � . ' � -~ - ' ..1 KENAI C111, COUNCIL AUGUST 1, 1984 1 PArnIAI. TRANSLATION F. OLD BUSINESS r,A anwa%0 VJVr1, r, �14ucs r ra uuro u (-r.Ws4 fs'ri i:iiY;i w rrilly� F-1 Ron Yamamoto - Doyle's Lease Application - Gusty S/D Atty. David Clark, Anchorage, spoke for Mr. Yamamoto. He has not reviewed the City records, he reviewed Mr. Yamamoto's records. In March 1978 Mr. Yamamoto submitted an application under the then -current ordinance. The land was owned by FAA, it was not subdivided and platted. There was an effort to acquire from FAA for lease. Mr. Yamamoto took the item to P&Z. They tabled till the Airport Master flan was done. In Sept. 1980 a letter was sent from City Manager Brighton asking FAA for a decision. From the tone them had been correspondence between Mr. Yamamoto, FAA and Mr. Brighton. In Nov. 1980, Mr. Yamamoto asked P&Z for a decision, it was tabled again till the next meeting. In Nov. 1980 a letter was sent from Mr. Brighton to FAA asking for authorization to lease to Mr. Yamamoto. In Dec. 1980 P&Z acted on the lease application, it was approved and sent to Council. In Dec. 1980 a letter was sent from Mr. Brighton to Council asking for approval. Mr. Yamamoto has contacted the City at least 4 times per year regarding status of the lease. In every communication they said the lease was current and no other application was on file. In April 1984 a letter was sent from Land Manager Labahn to Mr. Yamamoto saying the concept lease was no longer active in accordance with current Code. Mr. Yamamoto fulfilled all the requirements and paid the fees. In 1981, the ordinance was changed, filing fee was increased and a $500 deposit. Mr. Yamamoto did not receive the April 1984 letter because it was sent to an old address. In April 1984 Mr. Brighton sent a letter to Mr. Yamamoto that he had no vested right to the property. Mr. Yamamoto agrees, but the ordinance seta up due process for filing. An individual is entitled to receiving treatment according to ordinance. The 1981 change did not say the lease application had a deadline. The proper step to take, rather than rejection, was to inform Mr. Yamamoto that the ordinance had changed and give him an opportunity to cure. By Mr. Labohn's action, this process has been denies'. Regarding Mr. Yamamoto's application in relation to Doyle, in 1980 P&Z passed Mr. Yamamoto's application, this has never been revoked. Atty. Rogers noted KMC 21.10.040 is as Atty. Clark has said, but if the lease is not entered into in 6 months, the application expires. That is not to say Council could not, in the beat interests of the City, have P&Z and Council consider both lease applications. Regarding the address used by Mr. Labahn, this was the address given on the lease application. Also, the lease application is in Ron and Collette Yamamoto's name. Atty. Clark replied, that is his former wife. He is advocating Mr. Yamamoto's rights at this point. They are divorced and he doesn't know the settlement. They are asking for priority pursuant to the ordinance. The let lease application in given priority subject to P61 finding a In UJ KENAI CITY COUNCIL - 2 - AUGUST 1. 1984 that this is the highest and best use. Mayor Wagoner noted the, ordinanco says in 6 months it is cancelled, but Mr. Yamamoto has inquired over a period of time. P&Z approved Mr. Yamamoto's application and then one for Doyle after Mr. Labrhn rejected Mr. Yamamoto's application. Atty. Rogers asked, did Mr. Labahn's letter ask him to reapply? Mayor Wagoner replied no. Atty. Rogers said the best solution is for Mr. Yamamoto and Mr. Doyle submit applications to P&Z. Council can accept or reject. Councilman Wise said the airport land was deeded to the City with reservations not to use for anything other than airport related activities. We had to get a release from FAA. We asked for a concept lease but could not identify with a legal description. The lease could not be consumated. The release was not made till 1983. It would appear the concept lease was valid till the land was identified. The 6 month's stipulation was not on the concept lease, the 6 month's date does not apply. Once the land was legally available for lease, what did we do and did we do it right? Atty. Rogers replied, the letter of April 1984 from Mr. Labahn returned the concept lease to Mr. Yamamoto. Mr. Labshn said the land was available in 1983. The letter dated April 1984 was the lot written correspondence he had with Mr. Yamamoto. The property was platted and filed June 1983. The deed of release was approximately that date. Atty. Rogers said regardless of what was done, the Code has a 6 month's provision. It does not make a distinction between lease3 and concept leases. To do other than send them to P&Z and bark to Council, we would have an argument can Doyle's side. This way everyone has an opportunity to be heard. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to send both lease applications to P&Z as competing applications. Atty. Clark said Mr. Yamamoto has spent considerable time and money to this date. He has gone through all the steps with P&Z. The lease concept is "grandfathered" in. He asked it not be sent back to P&Z. Mr. Yamamoto was in touch with Mr. Doyle. He thought he had a valid application. Mr. Doyle was fully aware of this. Councilman Wise said if we send this back to P&Z, they have a concept lease that does not identify the property legally. He has a problem with Mr. Yamamoto not filing a formal lease application on his own. We had a legal description in mid 1983. He asked if Mr. Yamamoto had been advised to update the lease application. Atty. Rogers did not know. Councilman Wise said if we go back to PhZ, he has to bring a new application to compete. Marko Zurack, representing Doyle, spoke. He submitted the application. He had talked to Mr. Yamamoto regarding potential development. It was pointed out to Mr. Zurack by KENAI CITY COUNCIL - 3 - AUGUST 1, 1984 or of -_ a 3rd party that the lot has available. He called Mr. Labahn and he said it was.. He spoke to Mr. Yamamoto 3 times and asked if tsa was sure he had a lease, he said yes. Mr. Zurack told him he should check into it. A few days passed, he thought he would file since it was available. He filed and was told there were no other applications submitted. His lease has been accepted by P&Z. Mr. Yamamoto was aware before he applied tht he was told it was available. Atty. Rogers explained he suggested Mr. Yamamoto submit a supplement and it be considered in the best interests of the City. Mayor Wagoner asked why he should submit a 2nd one if P&Z approved the lot one. Atty. Rogers explained, they did not consider it a valid application. Mayor Wagoner asked if that was Mr. Yamamoto's or the City's fault. Atty. Rogers replied, that is something we may have to litigate. VOTE (Possed)s Yess Hall, Measles, Wise, Bailie Not Monfor, Wagoner, Ackerly F-2 Lease Application - Doyle - Gusty S/D Mayor Wagoner said this item is moot, after the action on item F-1 I Janet Whelan City Clerk i i t- r i' J o I I . I e w e