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HomeMy WebLinkAbout1984-09-19 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPT. 19, 1984 - 7s00 PM WORK SESSION - 6s30 PH 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 ny the Council and will be approved by one motion. There will be no separate diecuscion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in ite normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. James Hisko, Empire North - Appraisal - CIIAP 2. Ron Yamamato, Pat Doyle -Competitive Lease Appe - Gusty S/D 3. Joe Arness - High School Auditorium Dedication 4. Skip Bombard, Kenai Peninsula Borough - Solid Waste Incineration Facility 5. Sarah Owen, Leo T. Oberts S/D - Getting Streets Plowed This Winter C. PUBLIC HEARINGS 1. Ordinance 974-84 - Increasing Rev/Appne - State Library Grant 2. Ordinance 975-84 - Increasing Rev/Appne - Airport Land System, $109500; Water do Sewer Fund, $419210 a. Substitute - Airport Land, $11#9001 Water & Sewer, $41 ,210 3. Ordinance 976-84 - Increasing Rev/Appns - Police Employees Assn. - Borough Senior Citizen Fund - $923 4. Resolution 84-119 - Adopting ICHA Retirment Trust 5. Resolution 64-120 - Transfer of Funds - Old Town Redevelopment Planning Study - $159000 6. Resolution 84-121 - Transfer of Funds - Electric Hook Ups - Christmas Decorations - $69000 7. Resolution 64-122 - Authorizing Issuance/Execution of Loan Agreement - Bond Bank 8. Resolution 84-123 - Transfer of Funds - Main St., Lake, Marine, Granite Pt., FRO Project for Change Order 91 - $18,100 a. Change Order p1 - Main St., Lake, Marino, Granite Pt., FRO Project - $18,100 9. Application for Liquor License - Dan Asac D. MINUTES 1. * Regular Meeting, Sept. 5, 1984 2. * Special Meeting, Sept. 10, 1984 E. CORRESPONDENCE 1. Nor'West Management - Purchase Land for Senior Housing 2. City of Homer - Sale do Une of Fireworks in Borough 3. * Pacific Alaska LNG - LNG Terminal Plan 4. Alaska Native Health Board - Statewide Suicide Evaluation Project; Rural Health Study 5. Kathleen Hanson, Oregon - City Support of Ruoaian Orthodox Church Toura f". OLD BUSINESS 1. EMT Contract - Dr. Hansen - Approval of Chanqes 2. Float Plane Basin Land Purchase - nick Mueller 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 - Competitive Bids a. Ordinance 978-84 - Amending Kenai Municipal Code - Competitive Bids (Reconsideration) 4. * Ordinance 979-84 - Limiting Training Flights at Airport 5. * Ordinance 980-84 - Amending Ordinance 921-84 - Source of Financing - FSS Facility 6. * Ordinance 981-84 - Amending Zoning Map - Ahlatrom S/D 7. Assignment of Lease - Kimbrell to Diamond - GAA S. Discussion - Land Contact of Sales - Don Aase 9. Discussion - Moving City Shop and Storage Buildings 10. Discussion - Vendor Service in Airport Terminal H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT s" w !i „ KENAI CITY COUNCIL, REGULAR MEETING, MINUTES SEPT. 19, 1984, 7s0O PM KENAI CITY ADMINISTRATION BUILDING VICE MAYOR RAY MEASLES PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Ackerly, Sally Bailie, Ray Messles, Chris / Monfor, John Wise Absents Jess Hall, Tom Wagoner (excused) A-1 Agenda Approval a. Vice Mayor Meanleo asked that items 8-1, James Misko; and 8-2, Ron Yamamoto be deleted. b. Vice Mayor Measles said item 0-4, Skip Bombard will not be here, Vests Leigh has asked to speak on the subject. c. Vice Mayor Measles asked that Clarence Ladd be added as item B-4, Senior Citizens I 1 d. Vice Mayor Measles said Clerk Whelan has asked that item 0-2, Minutes - 9-10-84, be deleted from the Consent Agenda of Vice Mayor Measles asked that items G-9, Moving Shop; and G-10, Airport Vendors; be deleted from the agenda. Council approved the agenda as changed. A-2 Consent Agenda MOTION s Councilman Wise moved, seconded by Councilman Ackerly, to -i approve the Consent Agenda as submitted. Councilman Wise asked that items G-4 and G-5 be deleted from the Consent Agenda. r Motion passed unanimously by roll call vote. ' B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Joe Arness - High School Auditorium Dedication '. Mr. Arness was not present. 8-2 Vesta Leigh - Solid Waste Incineration Facility Me. Leigh showed a study to the Council she had received r from Mr. Bombard. The Borough has not given this to Council, but had given them out to Soldotns Chamber of Commerce. The Soldotns Chamber of Commerce told her they had no material. She got this from DEC and brought it back to Soldotns Chamber. DEC told her application was filed with the Anchorage office. Mr. Bombard told ° her they did not have to film because the stack will be 90 ft. nigh. DEC told her the Borough had to file. Mr. Bombard told her this was a good location, there would �! be nothing going into the ground. Mr. Bombard said they had l wonderful hydrologists, she could find none mentioned in the report. The study said Nikiski was the best place. 4 areas were considered in the study, Beaver Creek woo mentioned once - that the road systems were good there. The other 3 were Nikiski, Kolifornsky Beach Rd. and Soldotno (by the school). Mr. Bombard told her he may have a problem with the wastes from Seward. He also said the study refers to underground storage tanks. They will only h� accept road oil. She noted Times Beach was bought by the Government because of road oil in the ground. Mr. Bombard I, { said they would check it as it fills. They will take the __.. burned refuse, mix it with otl, and incinerate it. If it is contaminated, they will haul it off. Where will they I ' J KENAI CITY COUNCIL SEPT. 19, 1904 Page 2 haul it? Do they have the oil to make it a viable fuel? She has Peen drums oozing material at the land Fill. Who will police this? Mr. Bombard told her the man operating the front loader will stop if he sees anything suspicious. The report said there will be a separate place for salvage. The man with the loader will separate. She has problems with the study. She had difficulty getting it, the City has not received it, nothing is said about the equifir. They plan 3 monitoring wells. They will not see a problem till after there is a problem. Regarding the smoke stack. It will transport emissions into the air, that does not mean they are not solid emissions. There will be a bag i house to remove particles before emitting. The FAA told her Fall through Spring, the winds are Northeast to Southwest, the rest of the year it is reversed. So the emissions will create problems. DEC told her Mr. Bombard will have to have a report on this. There will also be 10 weeks down -time for maintenance, plus 10 weeks down -time anticipated for unforeseen difficulties. This is much time down. Why are they bringing refuse from Seward? Why is it over our drinking water? There is not much time to think about this. Mr. Bombard said he would come to Council the day after the election. She noted there were more copies of this study at the Borough. I Joe Arness - Pres., Borough Assembly. Regarding ground water. The plan has been revised to extend the sewer system out to there, it would not be going into the ground. The new process has no effluent at all. The water will be mixed with ash and treated. Councilman Wise said, the Peninsula Clarion reported this was told to the Soldotna Chamber of Commerce. Why are we the last to find out? Mr. Bambard was scheduled this date and did not come. Regarding mixing waste water with ash, what about emissions? The City has not been given the courtesy of telling us. Mr. Arness said, any time you talk about solid waste, you don't win. Mr. Arness spoke to Mr. Bombard just after he returned from the east coast, he had seen the prQceas. Mr. Arness had been requested by the City to schedule Mr. Bombard for a Council - meeting. The latest study is not available yet. The Borough is not side-stepping Kenai. They came to Council at Mr. Arness' request. As for Soldotna Chamber of Commerce meeting, it was not an intentional slight to Kenai. He thought the present site is good, it is an environmentally safe project. The Borough is committed to that. There will be 13-15 full time jobs. We have to dispose of wastes in the Peninsula, that is the logical place. On Kalifornsky - Beach Rd., there is a high water table, there is an impact on more residences. Location near government buildings was considered, but that would not work. Spur Rd. has the NEA transmission site already there. City Manager Brighton said Mayor Wagoner called him Sept. 18, they scheduled a meeting with Mayor Thompson. The morning of Sept. 19, Mayor Wagoner called him and said the meeting was cancelled. Later Mayor Wagoner told him it could be worked out regarding the sewer to remove septage from the incinerator. Mayor Wagoner asked Mr. Brighton to report he told Mayor Thompson he would not sit still without the Borough paying the major cost for removal. tor. Brighton added, this is all moot if the proposition does not pass. If it does pass, i there will be public hearings. Councilwoman Bailie asked Mr. Arness, as of now, there is nothing in writing regarding the sewer plant? Mr. Arness replied, they had core samples taker► for a leach field. Vesta Leigh noted the report does not mention Beaver Loop. Mr. Arness said this study was commissioned 1-1/2 months ago, the other study did not ,. report on Beaver Loop. A large portion of the study is moot because it will be tied into the sewer system or they will be using a new system. There is no need for drainage. __ Councilwoman Bailie said Mr. Bombard had time to go to the on KENAI CITY COUNCIL SEPT. 19, 1984 Page 3 Soldotna Chamber of Commerce. He has not set up any public hearings. We do not know what it will do to our public water. What about emissions on winter days? She has difficulty talking to Kenai residents when the Borough has not been up front with us. We are voting $10 Million. She was told it includes the sewer line extension. Mr. Arneas replied, no. Councilwoman Bailie said Mr. Bombard approved the resolution closing the land fill. Mr. Arness replied, there has been no decision made regarding the land fill site. Regarding the sewer line extension, the numbers they had to generate for the leach field correspond with the sewer line costs. The money was not put in for sewer lines, but it would cut out the other things that had to be done. He added, this is not cast in stone. The Borough has been burying garbage for many years, we should not. Councilman Wise asked, when will the Borough give us a report on the site and other things, such as traffic impact, city water supply, Beaver Creek pollution, pollution of wells, air pollution? Mr. Arness replied, that is an Assembly decision. Councilman Wise suggested deferring the vote till the November election so the community can have some assurances. Mr. Arness replied, after 30 days there would be still questions to ask. The reason he wanted it put on the ballot was, the study was done in phases. These items are already lined out. Councilman Wise noted the City has not received any of this in writing. Mr. Arneas said they brought in some reports. Public Works Kornelis noted this was a draft of the feasibility study. Mr. Arness said, the process is in fact nailed down. The site is not referred to in the $10 Million number. The process is tied to the building and type of facility. The 1st plan is $14 Million, the Assembly said no. He offered to send all 3 reports to Council. He added, there will be public hearings on the site. Councilman Wise said the voters are voting the incinerator in Kenai. That may not be in the wording, but that is what they have been led to believe. Some will vote for or against it because of the location. Mr. Arness said there has been no site decision made. 6-2 Joe Arness - High School Auditorium Dedication Mr. Arness asked to take this off the agenda. 6-3 Sarah Owen, Leo T. Oberts S/D - Getting Streets Plowed This Winter Mrs. Owen asked, what do they have to do to get their streets plowed? There were 2 Meadowlark streets, one is not accepted by the City. How do they measure up to City standards? They have 700 ft. of road, 24 ft. wide. There are 2 dwellings on the road. The City plows to the end of it. Public Works Director Kornelis replied, neither of the Meadowlark streets have been maintained. The developers have put in streets without getting permits. She will have to have Mr. Oberts open it up for inspection to be approved by the City. Mrs. Owen said she was told it was a City street. MOTIONS Councilman Wise moved, secoFided by Councilwoman Bailie, that all gravel roads for which the city has filed for State Revenue Sharing, if not up to City standards, shall be brought to such standards at City expense. All platted gravel/dirt roads on which there front two or more dwelling structures shall be accepted for maintenance, if necessary upgraded to standards, and added to the State Revenue Sharing System. All other roads - gravel/dirt/paper - shall be brought to City standards by the owners at their expense before the City shall accept them for maintenance. The City J U , Fm KENAI CITY COUNC I L SEPT. 19, 1984 1 PaWa 4 may support upgrading of roads with dwelling structures on a shared basis after case by case review. The City shall, on issuing all building permits, annotate all permits as to whether or not the proposed structure fronts on a City maintained road. Councilman Wise reviewed the motion. It is ridiculous not to plow. If people are paying taxes, we should be responsible for their well-being. Councilman Ackerly asked, how many miles will this affect? Mr. Kornelis replied, about 4 miles. He felt the developer should develop the road properly. Buyers will pay the extra cost. He questioned if it was proper for other citizens to stand the cost. The 2nd statement would hurt the City, it would be more maintenance for crews. The 3rd do 4th statements, that is policy now. He noted, when they got their building permit, it is too late. Also, the builder usually gets the permit. Councilwoman Monfor said she drove down Alpine, there is one house there and we are maintaining the road. We are paying more than the cost of the house. Mr. Kornalis replied, there are some roads we are maintaining because we always have. City Manager Brighton suggested a work session to discuss this. MOTION, Postponement: Councilman Ackerly moved, seconded by Councilwoman Bailie, to postpone this item for a work session. Motion passed unanimously by roll call vote. B-4 Clarence Ladd, Senior Citizens. Regarding the Council on Aging. They had a meeting 9-17. He told them if he could not be heard he would speak to Council. He reviewed his letter to Council. Regarding the flags, they were bought by the Senior Citizens. He asked about the $32,000 grant money at the Council on Aging. He was shot down. He suggested the Vice President take over, that the President be replaced. Why is it wrong to ask how the grants are being used? Ord. 976-84 in the packet is for $923. He asked Mrs. Porter what it was for. She said to pay it no attention. He thought it was from the dinner at the Center, but it did not say on the ordinance. The Senior Citizens got $15,000 for a bua; $5,000 for communications - Fie does not understand that; security - why do we not use police? Councilwoman Bailie said she was at the meeting. The President left after one hour as it was her lunch hour. The Vice President gave Mr. Ladd the floor. Mrs. Porter answered his questions. The $923 was donated, but had to go through the accounting process. Betty Warren - Vice President# Council on Aging. Whenever Mrs. Porter prepares a budget, she offers it to the Council on Aging and any senior citizen to review. She has seen man; senior centers in the State, this is a good center. Mrs. Porter is going a great job. Marian Davis. They have enjoyed the senior center, but with the now buildi:,g, they have had problems. Mrs. Porter has not been good to the senior citizens. They do not want to be treated like children. There is waste and destruction of human rights. Hundreds of senior citizens have not been to the center. She has talked to Mayor Wagoner, he promised to get things worked out. Mrs. Porter has said she has no control over the center and has no authority in the Council on Aging. Why doesn't the Mayor disband it and not keep their hopes up? How are the directors chosen? Do they have to live with one forever? Who is next? Would you expect good meals and would you let only the physically fit come? She asked Finance Director Brown, how should Mrs. Porter spend the $7,0007 Why does the number of senior citizens at the center stay the same when so many are moving in? She asked Councilwoman Bail!.;, being a friend of Mrs. Porter, can she -give an unbiased opinion to Council Q Roi= Of r KENAI CITY COUNCIL 'SEPT. 19, 1984 Page 5 regarding the Council on Aging? Mrs. Porter works a 40 hour week, does Ft. Keney and the museum. She is not there all the time. The accoustics are bad. City Manager Brighton is the man Mrs. Porter is responsible to, he hears only Mrs. Porte;:. She suggested a Board of Directors. Council took no action. C. PUBLIC HEARINGS C-1 Ordinance 974-84 - Increasing Rev/Appns - State Library Grant MOTION: Councilman Wise moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ordinance 975-84 - Increasing Rev/Appns - Airport Land System, $10,5001 Water & Sewer Fund, $41,210 a. Substitute - Airport Land, $11,900; Water & Sewer, $41 ,210 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. MOTION, Amendment: Councilman Ackerly moved, seconded by Councilwoman Bailie, to amend the ordinance with substitute submitted in packet. There was no public comment. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-3 Ordinance 976-64 - Increasing Rev/Appns - Police Employees Assn.- Borough Senior Citizens Fund - $923 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENT: a. Father Targonsky. What is the $600 miscellaneous? Finance Director Brown explained, craft instructors. The owners of the craft shops will come in instead of hiring an instructor. Motion passed unanimously by roll call vote. C-4 Resolution 84-119 - Adopting ICMA Retirement Trust MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. KENAI CITY COUNCIL 'SEPT. 19, 1984 Page 6 Motion passed by unanimous consent. C-5 Resolution 84-120 - Transfer of Funds -Old Town Rsdevelopmont Planning Study _ $15,000 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Resolution 84-121 - Transfer of Funds - Electric Hook -Ups - Christmas Decorations - $69000 MOTIONS Ccuncilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. Public Works Director Kornelis explained, this is for 40 light connections. There will be 30 trees, bells on poles, a tree at the airport, and a wreath for one City building. Committee Member Nelson said, they will be from the center section of town up to Willow. C-7 Resolution 84-122 - Authorizing Issuance/Execution of Loan Agreement - Bond Bank MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-8 Resolution 84-123 - Transfer of Funds - Main St., Lake, Marine, Granite Pt., FBO Project for Change Order #t1 - $18,100 of Change Order #11 - Main St., Lake, Marine, Granite Pt., FBO Project - $18,100 MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. Councilman Wise asked, what was the connection with this maintenance project and the construction job, for from the location site? Public Works Director Kornelis explained, this is not related to the construction project. The hydrant needed repair. No thought they could use the company already under contract. There are items they will be doing in other projects, however the price is high. Councilman Wise said there is State grant money for road construction, this is not road construction. MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, that a transfer by made in General Fund from Contingency for $18,100 to Granite Pt., Marine construction project. i ,I �-�. ,, •k..aE�+.srr�7�--�vr+o_�-��saara wkr� - KENAI CITY COUNCIL 'SEPT. 19, 1984 Page 7 Finance Director Srown ooid it should be charged to maintenance of hydrants, water h newer. Councilmen Wise asked if the delay would jeopardize the project. Mr. Y.ornalia replied he did not know, MOTION, Postpones Councilman Wise moved, seconded by Councilwoman Monfort to postpone action till the Oct. 39 1984 meeting. VOTE (Paesed)s Yes$ Bailie, Messleop Monfort Wine Nos Acker.ly C-Se Councilmen Wise explained his intention was to postpone action on both items till Oct. 3. Council agreed to the action. C-9 Application for Liquor Licenoe - Don Asoe Mr. Aaso explained he started this loot, year. ABC had a 20 room requirement for a liquor license for a population of 59000 to 6,000 people. It will be changed to 26 rooms, his expansion has 25 rooms. If the recount brings the total up before his opening in May, he will not have enough rooms. ABC told hies if the City approves, they would grant the license as of May 1985. Application has been filed, they will not take action till May 1985. He has re -posted and re -advertised. Atty. Rogers explained, Council has not received the paperwork. Mr. Asoe said this is for a second lounge. He cannot use the same license because he hoe 2 separate financings. Vice Mayor Measles asked Mr. Asse to furnish the City with a copy of the application and postpone till the Oct, 3 meeting. Mr. Anne agreed to the request. D, MINUTES - D-1 Regular Meeting, Sept. S, 1984 i. Approved under Consent Agenda. D-2 Special Meeting, Sept. 10, 1984 Clerk Whelan asked that page 2, item 6-2, 4th paragraph, add Y; { after the last sentence, "These are lump sum figures." MOTION* Councilwoman Sallie moved, seconded by Councilman Ackerly, to approve the minutes as amended, _ Motion passed by unanimous consent. E. CORRESPONDENCE_ E-1 Nor'Weot Management - Purchooe Land for Senior Housing i_-2 City of Homer - Sale do Use of Fireworks in Borough E-3 Pacific Alaska LNG - LNG Terminal Plan E-4 Alooke Native Health Board - Statewide Suicide Evaluation Project; Rural Health Study All accepted under Convent Agenda. E-5 Kathleen Hanson, Oregon - City Support of Ruosian Orthodox r. I Church Tours Vice Mayor Measles read thin into the record, per request. F. OLD BUSINESS �184 a KENAI CITY COUNCIL. 'SEPT. 19, 1984 Page 8 F-1 EMT Contract - Dr. Hansen - Approval of Changes City Manager Brighton explained, his understanding was the contract was with Dr. Hansen. Or. Hansen .has resubmitted the contract with a request to contract with the clinic. He felt this needed Council approval. Atty. Rogers explained, this to a bookkeeping convenience, but the City would be doing a personal service contract to an entity. The other change is deleting Exhibit A, regarding training. Councilwoman Bailie noted it is easier to have checks made out to a corporation, and it is easier for IRS matters. Atty. Rogers suggested it should specify services, it could be left as is and make payments to the corporation. Councilwoman Bailie suggested, the letter says that is the reason for the change. Atty. Rogers explained, that is not the effect. NOTION, Postpones Councilmen Ackerly moved, seconded by Councilman Wise, to postpone action till the Oct. 3, 1984 meeting for attachment of Exhibit A and wording straightened out. Notion passed by unanimous consent. F-2 Float Plane Basin land Purchase - Dick Mueller Mr. Mueller explained, he offered land to the City for �3,500 per acre for a float plane basin. 1/2 was appraised et $2,000 some time back. This would have to be negotiated. There will be about 824,000 cu. yds. of excavated material to dispose of. Some of this land would be a place to dispose of this. Some of it is wetlands and will require permits. Phil Bryson recommended the City acquire the full 160 acres. City Manager Brighton explained, the property was appraised after the $3,500 price was made at $2,000. Council suggested negotiating with the owner. In the interim, Council appropriated $25,00D to study the scope of the project. They intended to use excavation from the lake site to back fill on the airport apron project. If this is an approved project by FAA, they will provide money for purchase of the land. Councilman Wise asked if the RFP was done, Mr. Kornelis replied no. They received preliminary drawings on the ramp extension and have gone to FAA. They will take material from this site for the ramp extension. It will probably be Spring construction. Vice Mayor suggested a meeting with the Airport Committee, Ray Measles, Mr. Kornelis and Mr. Brighton. Council agreed to the suggestion. G. NEW BUSINESS G-1 Bills to he Paid, Bills to be Ratified NOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Reouisitiuns Exceeding $1,000 MOTIONS Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the requisitions as submitted. Finance Director Brown asked that Dan's TV amount be changed per item distributed this date. KIWAI CITY COMNICIL >;En. 19, 1984 Page 9 NOTION, Amendments Councilwoman Bailie moved, seconded by Councilman Ackerly, to amend Dan's TV amount from $1,698 to $1,199 and delete the freezer. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. G-3 Ordinance 959-84 - Amending KMC - Competitive Bids MOTIONS Councilman Wise moved for introduction of the ordinance. Motion failed for lack of second. G-3a Ordinance 978-84 - Amending KMC - Competitive Bids (Reconsideration) NOTION, Postponement: Councilman Ackerly moved, seconded by Councilman Wise, to postpone reconsideration till Councilman Hall is back and present. Councilwoman Monfor explained, the reason for reconsideration is to get this out on the table for public input. VOTE, Postponement (Failed)s Yess Ackerly, Wise Not Bailie, Measles, Monfor VOTE, Introduction (Passed)s Yess Bailie, Measles, Monfor Not Ackerly, Wise G-4 Ordinance 979-84 - Limiting Training Flights at Airport Councilman Wise moved, seconded by Councilwoman Monfor, to introduce the ordinance. Councilman Wise said this should be part of the Airport Regulations. He asked Administration devise language to make it part of the Regulations. Council agreed to the request. Councilwoman Bailie asked Airport Manager Ernst if he had many complaints. Mr. Ernst replied, primarily in the early morning hours and after 1OsO0 PM. PUBLIC COMMENTS a. Vic Tyler, Forest Dr., Kenai. A lot of what we hear is not "Heres", a portion is run-up. This will not eliminate that noise. They have to train somewhere. Vice Mayor Measles noted most of the noise is from those on the ground, not from "Touch -and -Go." VOTE (Failed)s Yess Wise Not Ackerly, Bailie, Measles, Monfor t a KENAI CITY COUNCIL 11EYT, 19, 1984 I Page I 10 G-5 Ordinance 980-84 - Amending Ordinance 921-84 - Source of Financing - FAA Facility Councilman Ackerly moved, seconded by Councilwoman Monfor, to introduce the ordinance. Councilman Wise said he would prefer to leave this in Capital Improvements Lint and leave for a vote of the people. VOTE (Passed)s Yess Ackerly, Bailie, Measles, Monfor Not Wise G-•7 Assignment of Lease - Kimbrell to Diamond - GAA ' MOTIONs Councilwoman Bailie moved, seconded by Councilwoman Monfor, for approval of the assignment. Councilwoman Bailie asked, why is it before Council when it is dated Sept. 19837 Atty. Rogers explained, they are cleaning up an oversight, this has already been recorded, there are no problems. Notion passed unanimously by roll call vote. G-8 Discussion - Land Con&ct of Sales - Don Anse Mr. Anse explained, he loaned this from the City in Aug. 1983. He was trying to buy. He subdivided so he could have financing. The AIDA loan came through, he had to use that money. But he still wants to buy the land. He would --„ =- like to buy it with a land contract. Vic Tyler is in the ' same position. Vic Tyler explained, he wants to purchase land with the City position on a deed of trust. When he developed the corner he had it appraised and brought in a letter of intent. He was led to believe he could purchase. If he cannot buy, it is worth a lot less. The appraisal will be more through his own development. The City will maintain control. If he defoulta, the City could renegotiate the lease. The bank will just get his contract. Rogue Morgan, National Bank of Alaska. He has the loan with Mr. Tyler. They have the piece of property taken as collateral. They had a lease on the land after they had deed of trust and assignment. The City made an amendment to the lease which was to purchase. This did not change their lease position. If an individual defaults to the City the bank, by having an assignment, will take over the payments. This has been done in the past. Atty. Rogers explained the questions is -whether the City wants to deal with a real estate contract rather than deed of trust. If Council wants the City to be in 2nd position, they are using public funds and are in a 2nd position to a private entity. He suggested the City go deed of trust and get rid of land sale contracts in the Lode. They may find themaelven squeezed out and buying back improvements. Land the City sold for $28,000 to $38,000 will have improvements in excess of $1 Million. Why should the City deal with a land sale contract that is less desirable than a deed of trust if the lending institutions won't if they can avoid it, and they will not take 2nd position? Mr. Tyler's proportion already have AIDA loans against them. The bank has let deed of trust on the building, the City has they lease on the land. Mr. Tyler is nuking for the original lease still in existence be amended to a land sales contract. The bank hen the assignment. The City would KENAI CITY COUNCIL SEPT. 19, 1984 Page 11 still be in lot lien position. In order to get AIDA loan, Mr. Tyler would have to finance these 2 separate from AIDA loan. Atty. Rogers said there have been 2 land sales contracts. This was proposed by the beneficiaries. This is a poor thing for the City. He would urge the Council to ask people to cash the City out if they want to purchase. It is not normal procedure with banks, he has asked many banks if they would loan money under a real estate contract, they said they would not want to be in the City position. Mr. Morgan said if the bank has substantial building on a piece of property, they will not stand by and let the City foreclose. The bank will pay off, they will protect their interest. NOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, for Administration to proceed with the requested land sale contract with Don Asse and Vic Tyler provided by the Code. Vice Mayor Measles suggested a work session. Mr. Tyler and Mr. Asse agreed to the request. City Manager Brighton said they will not need another appraisal if we delay. He added, Alaska Industrial Hardware has also asked for the same situation. NOTION, Postponements Councilman Ackerly moved to postpone action till Oct. 3 meeting and have a work session in between. Motion failed for lack of a second. VOTE (Passed)s Yess Bailie, Measles, Monfor, Wise Nos Ackerly Council agreed to a work session to further discuss the issue. H. REPORTS H-1 City Manager City Manager Brighton spoke. a. Mr. Brighton asked Council to review the memo from Building Inspector Hackney regarding Code provisions. b. Mr. Brighton and Mayor Wagoner had talks with Borough Mayor Thompson regarding the incineration situation. c. Regarding item C-8a, Change Order - Lake, Marine, Granite Pt., FBO Project. He agreed with the change order problem but not the funding. It should be a separate project, and bid by itself. d. Regarding the incineration situation. If the bond issue passes, it will be the 1st step. The Borough Assembly will make the determination of location. Councilwoman Bailie suggested the City send a letter of objection to DEC stating grave concerns if Beaver Loop is chosen regarding water supply and emissions. Communications have been very bad, DEC has not been contacted. Councilwoman Monfor said it was brought out in the media that Beaver Loop is the proposed site. If the rest of the Peninsula sees Kenai has it, they will not have to worry. We are the last to know. She suggested taking an ad out in the paper asking to vote against the ordinance. Councilman Wise suggested a resolution asking for a delay on the vote of the I I I 1 KENAI CITY COUNCIL ISEPT. 19, 1984 Page 12 incineration project till the community receives notice and assurances of safety. He suggasted the vote could be postponed till the Nov. b election. Vice Mayor Measles said 30 days ,till not solve anything, this is desperately needed. Nobody on the Peninsula wants it where they are. They will not build in the near future. They will need DEC permits and public hearings. Councilman Wise said if voters have been told it will be in Beaver Loop that is fraud. Vice Mayor Measles said the location has been picked unofficially. Councilwoman Monfor suggested letting Borough Administration know the City does not like the way this has been done. MOTION: Councilwoman Monfor moved, seconded by Councilman Wise, that Administration write a strong letter to Borough Administration that we do not appreciate the way it was handled, that we will not do anything publicly against the bond issue. But there was a definite lack of communication and the innuendo was that Beaver Creek would be the site. Councilman Wise noted the Borough candidates at Chamber lunch thought it was fine, they are all from North Kenai. Councilwoman Bailie noted the City has heard nothing from their Borough representatives. If the Borough had come to the City, they may have had a piece of property they could use. Vice Mayor Measles added, there may be 2 provisions in the resolution that the Borough does not plan on complying with. Councilman Ackerly suggested a resolution rather than a letter, so it would be a permanent record. —= MOTION, Additions Councilwoman Monfor, with consent of second, changed the wording, from "letter" to "resolution." Motion passed by unanimous consent. H-2 City Attorney Q-+y Atty. Rogers spoke. City Manager Brighton's contract is ready for signature '1 and was passed out to Council. b. Some additional information on Cook Inlet View Dr. situation was passed out this date and copies put on cI the table for the public. c. The assessment foreclosure list was distributed in the packet. d. Regarding the airport bar (Runway Lounge). He has received a letter requesting sale of miscellaneous items, proceeds to purchase a now TV. He suggested allowing the sale under terms of the lease without restriction of items on the lease, or if they are under lease, permit them to sell to purchase items and they would be ours at the end of the lease. Council agreed to the suggestion. a He noted the bar looks very nice. :.� e. Valdez Air is in Chapter 11. The City has filed suit, for 2 month': arrearage. We will lose money on this. f. Councilwoman Bailie asked about Grizzley Air, nothing has been done. Atty. Rogers replied, a letter was sent giving them 30 days, till Sept. 30, 1984. Councilwoman Monfor noted there is something dumped into the ground in the gulley, she asked that it be checked. J 4 — -,�----- ' KMAI CITY COUNCIL SEPT. 19, 1984 Page 13 H-3 Mayor 1 None ;1' H-4 City Clerk = Clerk Whelan spoke. a. Memo distributed in the packet regarding election judges. Code requires Approval by Council Salaries will be $8.00 per hour for chairmen, $7.50 per hour for judges. MOTIONS = Councilman Wise moved, seconded by Councilwoman Monfor, to approve the judges and salaries as submitted. - Motion passed by unanimous consent. b. The election polls will be open Is00 AM to 8s00 PM. _ c. Municipal League information was in the packet. She ,• /I asked Council to notify her of their plans. °- o d. She reminded the Council of the breakfast meeting with Lt. Gov. McAlpine on Oct. 19, 1984, as mentioned in the memo. � w e. Publicity for the Oct. 2 election regarding the Charter amendment for candidate filing date. There is a - = proposed notice in the packet, for Council approval. ' Council approved the notice as submitted. H-5 Finance Director �. i Finance Director drown noted the proposed sales tax ordinance in the packet for Council review. The maximum is j proposed to be increased from $500 to $1,000. c zoo ' H-6 Planning & Zoning Councilman Wise reported an amendment to the zoning code to limit conditional use and variance times will be coming to Council. i H-7 Harbor Commission r None H-8 Recreation Commission —,-� None H-9 Library Commission Commissioner Swarner reported they reviewed the addition d plans at the Sept. 18 meeting. Mr. Gintoli has said they will go to Juneau next week for approval. :. I. PERSONS PRESENT NOT SCHEDULED 10 BE HEARD a. Calvin Quandt, Kenai. He attended the PAZ meeting to j ,. protest the car dealership on Illiamna. The City let ; the transmission building go in and they are using Illiamna for a parking lot. There are 8 prime lots on - Section 36 with no buffer strip or water & sewer. Are we developing for their benefit? His dad developed on ' the other end when he built his 6-plexes and put water in. He had to develop before he could get a permit. These people don't have to. What is Council policy? PAZ is rezoning residential lots. They �'AAI CITY COUNCIL f,EPT. 19, 1984 Pafe 14 brought water A sewer up to the highway. When they came down Illiamna they just brought water. His dad has been trying to get it down there. He will have to fight property lines, he should not have to. Lard Manager Labahn explained, there was a rezoning on the Consent Agenda, 3 lots adjacent to Spur Highway. These 5 do not face spur. They are trying to consolidate under a single zoning category with commercial zone. The question is, will that be required to develop adjoining Illiamna. Illiamna was not addressed by P&Z. Councilman Wise noted there will be a public hearing on Oct. 3, Councilman Ackerly said the transmission people and the car dealer have a responsibility to take care of the street that borders their property. b. Councilwoman Bailie spoke regarding the Council on Aging. The elderly population has gone up 70%, it is the fastest growing State regarding the elderly. They have future plans for a satellite center in Soldotna. A Commission has been proposed. They asked Council to consider a handicapped ordinance. What is the progress on the By -Laws? Atty. Rogers replied, they are ready to type. He will give copies to Senior Citizen Coordinator Porter for distribution. c. Councilman Wise noted the letter to Gail Phillips regarding the Legislative Committee, distributed this date. Criteria for Capital Improvement Projects is discussed. He asked Council to review. ADJOURNMENT. Meeting adjourned 12s15 AM. Janet Whelan City Clerk la's or � '�' 'J c AM - e