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1983-08-17 Council Minutes
AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 1983 - 7s00 PH PLEDGE OF ALLEGIANCE r� A. ROLL CALL -- 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD C. PUBLIC HEARINGS 1. Ordinance 863-83 - Amending Kenai Municipal Code Utility Locations in City's Right -of -Ways a. Second Substitute Ordinance 863-83 2. Ordinance 870-83 - Establishing Public Use Easement - Candlelight Dr. Extension through City -Owned Lands 3. Ordinance 874-83 - Repealing A Re -Enacting Kenai Municipal Code 12.25 - Abandonment of Vehicles, Impoundment of Vehicles# Imposing Penalties; Repealing & Re -Enacting Kenai Municipal Code 21.05.050 4. Ordinance 879-83 - Amending Kenai Municipal Code - Airport Rellslations 5. Ordinance 881-23 - Amending Kenai Municipal Code 6 - Permit t'unch Card Voting 6. Ordinance 882-83 - Increasing Rev/Appns - Tent Camper Park - $89,000 a. Substitute Ordinance 882-83 7. Ordinance 983-83 - Amending Kenai Municipal Code 13 - Add Section of Off -Road Operations of Motor Vehicles - Repealing Kenai Municipal Code 13.30.070 8. Ordinance 884-83 - Amending Kenai Municipal Code 18.35.010 - Overnight Camping in Designated Areas 9. Resolution 83-116 - Submit to Voters at Oct. 4, 1983 Election - Issuing General Obligation Bonds Not to Exceed $4,000,000 for Capital Improvement Projects on Roads, Sewers do Water Systems 10. Resolution 63-117 - Awarding of Boat Launch Ramp Improvements to Del -Mar Inc. - $218,750 11. Resolution 83-118 - Transfer of Funds - Evergreen, i, Haller, McKinley Change Order 01- $4,900 w I I m N I i I D. MINUTES 1. Regular Meeting, July 20, 1983 2. Regular Meeting, August 3, 1983 E. CORRESPONDENCE 1. Dick Mueller Realty - Property on Spruce F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,O00 3. Ordinance 885-83 - Increasing Rev/Appns - Evergreen, Haller, McKinley - Water, Sewer do Road Improvements, Eadie's Lane - $IO5,000 4. Ordinance 886-83 - Delete Kenai Municipal Cade 16.20.040 - Providing Penalty do Interest on Delinquent Special Assessment Paymento 5. Approval of Transfer of Lease - Wien Air Alaska to Valdez Air 6. Lease Application - Lot 3a, Spur S/D #1, 1983 Addition - Walter Church, Fred Paxton 7, Lease Application - 10 Acres Adjoining Kenai Spit S/0, Lot 2 - Fisherman's Packing Inc. 8. Approval of Construction Dates - Church/Paxton Bowling Center Lease 9. Change Order 01 - HEM Project - Cross Culverts on 2nd Ave. H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning h Zoning 7. Harbor Commission > 6. Recreation Commission f I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD T ?� l� r ADJOURNMENT 'fig i { r. i; 1 t ' � I :N w KENAI CITY COUNCIL, REGULAR MEETING, MINUTi.S AUGUST 17, 1983, 7s00 PA 9ENAi CITY ADMINISTRATION HUILGIN6 VICE MAYOR RAYMOND MEASLES PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Torn Wagoner, John Wise, Tom Ackerly, SzIly Bailie, Betty Glick, Ray Measles Absents Ron Maleton (excused) AGENDA APPROVAL of Vice Mayor Measles asked that item G-9, Change Order on HEN Project, be discussed with item C-11, Res. 83-118. b. Vice Mayor Measles asked that item G-8 be deleted, it is the same as item G-6. c Vice Mayor Measles asked that item C-12 be added, Res. 83-1199 Requesting the Alaska Dept. of Natural Resources retain their Soldotna office, Div. of Land & Water Management. d. Vice Mayor Measles asked that item B-1 be added, Ed Lowry, Lease Application, Spur S/D, Commercial Building and Multifamily Dwelling Units. Council approved the changes as requested. B. PERSONS PRESENT SCHEDULED TO BE HEARD 6-1 Ed Lowry - Lease Application - Spur Subdivision, Commercial Building and Multifamily Dwelling Units MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to approve the lease application as submitted to Council. Councilwoman Bailie asked if there was anything in the lease that he will leave trees for buffer. Mr. Lowry replied, in page 3 of the application. The residential area is totally enclosed in trees. They will leave as many as possible on each lot with a 4-plex. MOTION, Addendums Councilman Wagoner moved, with consent of second, that Plan 8 be added to the application. VOTE (Passed)s Yost Wagoner, Ackerly, Bailie, Glick, Meselps Nos Wise NOTICE OF RECONSIDERATION: Councilwoman Glick asked for reconsideration at the Sept. 7, 1983 meeting. NOTICE OF IMMEDIATE RECONSIDERATIONS Councilman Wagoner asked for immediate reconsideration. POINT OF ORDERs Councilwoman Glick said the notice of reconsideration takes precedence over the notice of immediate reconsideration. After a recess, Vice Mayor Measles ruled Councilwoman Glick's motion was out of order, Councilman Wagoner's motion was on the floor. G KENAI CITY COUNCIL __- AUGUST 17, 1983 Page 2 VOTE, Immediate Reconsideration (Passed): Yess Wagoner, Aekerly, Bailie, Measles Nos Wise, Glick MOTION, Amendments - --i Councilman Wise moved, seconded by Councilwoman Glick, to amend the motion that only the part of the lease relating to commercial lots be approved. j VOTE, Amendment (Failed)s ' Yess Wise, Glick Nos Wagoner, Ackeriy, Bailie, Measles VOTE, Main Motion (Passed)s jYess Wagoner, Ackerly, Bailie, Measles Nos Wise, Glick C. PUBLIC HEARINGS ij C-1 Ordinance 663-63 - Amending Kenai Municipal Code - Utility Locations in City's R:ght-of-Ways a. Second Substitute Ordinance 863-83 MOTION, Postpones Councilman Wise moved, seconded by Councilwoman Glick, to c postpone action till the Oct. 5, 1983 meeting, per the o n; wishes of the utility companies. Councilman Wagoner said this has been goion nn for many months. He suggested Council pass this and let them meet -' with Council. City Manager Brighton explained Administration has submitted a 2nd substitute. POINT OF ORDERs Councilman Wagoner said Council cannot discuss with a motion to postpone on the floor. 1_ -- Vice Mayor Measles denied the request, the explanation may affect the vote. Public Works Director Kornelis explained, the ordinance was -�: introduced May 4. On Aug. 3, the lot substitute was presented and deleted from the agenda without discussion. Administration has had a meeting with the utility companies, v the 2nd substitute includes some of their suggestions. Councilman Wise asked if the utility companies had been furnished with copies of the substitute. Mr. Kornelis replied yes, but they have not had time to review. He added �= he had no objection to postponement. Councilwoman Bailie asked if we had an effective ordinance now for Multivisions. Mr. Kornelio replied, we have an excavation ordinance. VOTE, Postponements Motion passed unanimously by roll call vote. C-2 Ordinance 870-83 - Establishing Public Use Easement - Candlelight Dr. Extension through City -Owned Lands MOTIONs Councilman Wise moved, seconded by Councilwoman Glick, to adopt the ordinance. y 0 T E9 KENAI CITY COUNCIL AUGUST 17, 1983 Page 3 There was no public comment. Councilwoman Glick said she had walked the area. She has the numbers of the light poles on the property. Also, Mrs. Jon*s did use this for a number of years. Even if it is parklanda there has to be access. Swires Rd. is not very good access, it will cost a considerable amount of money to upgrade. They are not asking for adverse possession, but merely to continue use. The City has maintained it to a degree. Councilman Wagoner suggested the City take 40 acres on the Oiler's side, release it from parklands and take 40 acres on the east to make it a contiguous piece of property. That would release that 40 acres for some kind of development. He would like to see a road in the center of the property. Atty. Rogers said he distributed a memo this date. He noted the last paragraph, if the City concedes to Burnett's request, we should proceed to obtain dedication from the Dept. of Interior. Vice Mayor Measles asked if there would be any problem with the land swap. Atty. Rogers replied, he saw it as permissible, but did not know if they would approve. Councilman Wise said it has become a source of problems because there are no homes there and there are parties and noise there. An easement would be a positive benefit. A transfer for park would have restrictions. The City has already violated the Code by dedicating a part as a borrow pit. If the Burnetts do not have an easement, they will have trouble with real estate financing for development. Councilman Ackerly replied, the borrow pit is not close. Atty. Rogers suggested approval from any Federal agencies. He noted the ordinance also puts the burden to perfect the easement on the Burnetts. MOTION, Amendments Councilman Wagoner moved, seconded by Councilwoman Bailie, to amend the ordinance to add, subject to permission from appropriate Federal agencies. Public Works Director Kornello asked that the word "minimal" be changed to "no," there has been no maintenance since 1977. He would hate to see the City doing streets that are not up to City specs. Council took no action on the request. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-3 Ordinance 874-83 - Repealing & Re -Enacting Kenai Municipal Code 12.25 - Abandonment of Vehicles, Impoundment of Vehicles, Imposing Penalties; Repealing 6 Re -Enacting Kenai Municipal Code 21.05.050 MOTION: Councilman Wagoner moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. ,E J i.. KENAI CITY COUNCIL AUCUSI 17, 1983 Page 4 Councilman Wise asked if the City intends to enforce by police power. Atty. Rogers replJad, in the ordinance it notes where the vehicle is abandoned, etc. and to on private property. No vehicle can be removed from private property without consent of the owner. That limits police power. VOTE (Pissed) s Yess Wagoner, Ackerly, Bailie, Glick, Measles Nos Wise C-4 Ordinance 879-83 - Amending Kenai Municipal Code - Airport Regulations MOT10Ns Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the ordinance. There was no public comment. Atty Rogers noted there were 2 typographical errors in the ordinance. MOTION, Amendments Councilman Wagoner moved, seconded by Councilwoman Bailie, j to amend the ordinance to include the 2 typo corrections. VOTE, Amendments i Motion passed unanimously by roll call vote. i VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-5 Ordinance 881-83 - Amending Kenai Municipal Code 6 - Permit Punch Card Voting MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the ordinance. There was no public comment. i Motion passed unanimously by roll call vote. C-6 Ordinance 882-83 - Increasing Rev/Appns - Tent Camper Park - j $899000 a. Substitute Ordinance 882-83 MOTIONs Councilman Ackerly moved, seconded by Councilwoman Glick, to adopt the ordinance. PUBLIC COMMENTs a. Carolyn Roller. The City is encouraging kids to stzy. She suggested making the canneries pay for this, keep the jobs for locals and make this a park. Councilman Wagoner said he has not found one person he has talked to that is in favor of this. It is not a proper way to spend the people's money. 2 year's ago, a City survey had } one question that asked if the City should build camper parks. 18% said yea, 82% said no. Councilwoman Hailie said she has received more calls against this than any other m KENAI CITY COUNCIL AUCUST 17, 1983 Page 5 item. She called Cordova, they said they have not been :successful In handling the problem. The kids will not stay In it. They have signs in Valdez saying not to come to Cordova unless they have a job. Both Cordova and Petersburg are accessible only by ferry, this would discourage many kids that could come here. Petersburg facility woo built 3 years ago with State money. It costs $17.50 a week to stay. They have been ouccessful keeping kids there, but they had to hire a policemen. It is open May 1 to Oct. 1. Kenai's would be open for 2 months. The biggest problems are before the canneries open. They can accommodate 100-150. They are at full capacity. They are trying to put more pressure on the canneries, we should also. There are 11 canneries in this area. 2 are on Kolifonsky, the kids working there could not live in the City. At the public hooring, the kids said we should not charge them, they pay taxes and do not stay long. Also they would disperse to the woods if we charged. The canneries should accept some responsibility. Columbia Ward closed an area that could house 55 campers. At the westing with the canneries, they said no. Job Service has said 1/3 of the cannery workers ere local, 2/3 are transients. We would need 250 camping sites minimum. Now are we going to enforce the regulations? She suggested posting signs at the border and Seattle airport saying there are no facilities in Kenai. That will put pressure on the canneries to provide facilities. Councilman Wise said we have no site plan or management plan. Councilman Wagoner noted if it were possible to do what we planned, it would bring in about $429000. He suggested private industry do this. Councilwoman Bailie noted it had been suggested we combine a tojsrist facility and camper facility. Petersburg has said that does not work. VOTE (Failed)s Yeas Ackerly Nos Wagoner, Wise, Bailie, Glick, Measles C-7 Ordinance 883-83 - Amending Kenai Municipal Code 13 - Add Section of Off -Road Operations of Motor Vehicles - Repealing Kenai Municipal Code 13.30.070 MOTION: Councilwoman Glick moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENTS a. Charleo Ross, Chairman of the Off -Road Vehicloo Committee. He noted some typographical errors. Councilman Wise asked if that included anowmobiles. Mr. Ross replied yes, any off -road vehicles, if it cannot be licensed for highway. Councilman Ackerly said it will be like pouting lends available for sale, nothing will change. They will have implied consent. Mr. Ross replied that is true in most areeo, but it is only important in residential areas and down town. He added, the only thingo that are changed from State law ores Go We have a meona of enforcement on newly seeded areas and during break-up. b. We can enforce in schools, playgreundo and public parka It does not change anything eloe, but adds rontrictions not in State law now, ouch an speed limita and helmets. Vice Mayor Meaalos caked if there woo a legal way to KENAI CITY COUNCIL AUGUST 17, 1983 Page 6 drive the vehicle to where it was legal ether than where there were gulleys, etc. Chief Ross explained this is under State law. It is more a priority of the Police Dept. to enforce. Vice Mayor Measles asked if they could drive on improved easements in front of residences. Chief Ross replied, if the land is improved, there would be a case. b. Woody Mahurin. He is not speaking for an organized group. He complimented the committee. This law can be lived with. His only question was that they cannot operate on the roadway. Snow machines were a problem in the past, but that has been controlled, this will be also. c. Chief Ross added he plans to have pamphlets made up for schools. He complimented the committee on their work. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend the motion to correct the typo per Charles Ross' request. VOTE, Amendments Motion passed unanimoo sly by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-8 Ordinance 084-83 - Amending Kenai Municipal Code 18.35.010 - Overnight Camping in Designated Areas MOTION: Councilman Wagoner moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Councilwoman Bailie asked, how will this be enforced? Chief Ross replied,it will take time. The individual would get a warning, then issued summons, then the ;superty will be impounded. Councilwoman Bailie suggested the City send notices to universities and colleges on the West Coast stating an ordinance has been passed and they are warned. She was unable to get addresses of itinerant workers in the area. Councilman Wagoner said that is what they do in Anchorage. Librarian DeForest said they have flagged the cards of those with general delivery and have their permanent addresses. Councilman Wise asked if this will be for tents and vehicle campers. Atty. Rogers replied, both. City Manager Brighton noted many participants in the softball games camp here on the week end. They would be prohibited from this. Councilman Wagoner said this gives the City Manager authority to allow that. Motion passed unanimously by roll call vote. C-9 Resolution 83-116 - Submit to Voters at Oct. 4, 1983 Election - Issuing General Obligation Bonds Not to Exceed $490009000 for Capital Improvement Projects on Roads, Sewers & Water Systems MOTION► Councilman Ackerly moved, seconded by Councilman Wagoner, to adopt the resolution.. A•' KENAI CITY COUNCIL AUGUST 17, 1983 Page 7 There was no public comment. Finance Director Brown explained they do not have a payment schedule. There may be a debt service due before the amount is collected, it would not be an on -going thing. Councilwoman Glick asked, if there is a contribution from general fund, would the funds be refmbursed7 Mr. Brown replied,the developer would pick up the total cost. The ordinance provides interest be accrued to the general fund. The general fund would be paid back. Councilman Wise said the City has $12 Million in cash investments, we should not burden future citizens. There will be a time when any major capital improvement will have to be financed by the City. The State is rapidly running out of money. Almost $4 Million is being invested, this may be better than TCO , percent. We are on the verge of flouting IRS regarding arbitrage. We are using money to make money. Councilman Wagoner said it is not wise to take money with the t flexibility the City has now and tie it up in assessment districts at 10%. -c+ VOTE (Poseed)s Yess Wagoner, Ackerly, Bailie, Measles Nos Wise, Glick C-10 Resolution 83-117 - Awarding of Boat Launch Ramp Improvements to Del -Her Inc. - $218,750 ; MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to Approve the resolution. There was no public comment. Public Works Director KorntAlis reviewed the improvementus ao reconstruct the boat ramp be pull out planks co reinstall existing floats for 2 ramps d. replace ramp pieces ee lengthen the ramp f. increase the parking lot It was engineered by TAM's. Councilman Wise asked why the engineer's estimate and low bid were so different. Mr. - Kornelis replied the engineer's estimate problem was tidal work and putting down new ramps. It was designed by a Seattle firm. They have done other work in Alacka, but they were possibly not up on local cots. They have been working on the technical end, not on construction unit costs. Councilman Wagoner added, this is a smaller project. VOTES Motion passed unanimously by roll call vote. C-11 Resolution 83-118 - Transfer of Funds - Evergreen, Haller, McKinley Change Order #1 - $49900 MOTIONS Councilman Wagoner moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. KENAI CITY COUNCIL AUGUST 17, 1983 Page 8 Public Works Director Kornelis explained, in the 2nd Ave. project, Doyle had to put culverts on 2nd Ave. It was more advantagoeus for Zubeck to do it. Doyle's contract was reduced on July 20. Motion passed unanimously by roll call vote. C-12 Resolution 83-119 - Requesting Dept. of Natural Resources, Div. of Land & Water Management, Retain their Soldotna Office. MOTION: Councilwoman Glick moved, secoaac., by Councilman Ackerly, to adopt the resolution. There was no public comment. Councilman Wagoner asked, how many people in the office? He noted we passed a resolution before not to transfer an office in Kenai regarding permits for wide loads. After we sent the resolution, the State pulled it from the budget. The truckers are having no problem with dealing in Anchorage. Councilwoman Glick explained the Borough P&Z passed a resolution. It is service -rendered. There are people that can use it. Whenever we have offices in the area, we should retain them. VOTE (Poseed)s Yost Wise, Ackerly, Bailie, Glick, Measles Nos Wagoner D-1 MINUTES D-1 Regular Meeting, July 20, 1983 Clerk Whelan asked that page 10, line 19 correct the spelling from "Wik" to "Wick." Council approved the minutes as corrected. D-2 Regular Meeting, August 3, 1983 Councilman Wiae asked that page 2, Ist motion, Councilwoman Bailie made the motion. Councilwoman Bailie concurred. Minutsa were approved as corrected. E. CORRESPONDENCE E-1 Dick Mueller Realty - Property on Spruce Public Works Director Kornelis reviewed the request. Mr. Peek made his request after the July 15 deadline and is requesting a waiver. tor. Muellor explained he was not aware of the deadline. His client received the letter when he was in the hospital, his wife was also in the hospital. The date was not noticed. Councilwoman Glick asked Mr. Kornelis if it would create any hardships on the project if this is approved. Mr. Kornelis replied, no, it is in the engineering stage. MOTION: Councilwoman Glick moved, seconded by Councilwoman Bailie, to grant the request as set out in Mr. Mueller's letter allowing stub -out for lots owned by the Peeks, due to health problems of the Peeks at the time. KENAI CITY COUNCIL AUGUS 1 17, 1 901 Page 9 VOTE (Passed)s Yess Wagoner, Ackerly, Bailie, Glick, Measles Nos Wise G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Wagoner moved, seconded by Councilwoman Glick,to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,O00 NOTIONS Councilman Wagoner moved, seconded by Councilwoman Glick, to approve the requisitions. Motion passed by unanimous consent. G-3 Ordinance 885-83 - Increasing Rev/Appns - Evergreen, Haller, McKinley - Water, Sewer & Road Improvements, Eadie's Lane - $105,DOO MOTIONS Councilman Ackerly moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. G-4 Ordinance 886-83 - Delete Kenai Municipal Code 16.20.040 - Providing Penalty & Interest on Delinquent Special Assessment Payments MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to introduce the ordinance. Motion passed by unanimous consent. G-5 Approval of Transfer of Lease - Wien Air Alaska to Valdez Air MOTIONS Councilman Ackerly moved, seconded by Councilman Wise, to execute a new lease with Valdez Air in lieu of transfer. Motion passed by unanimous consent. G-6 Lease Application - Lot 3a, Spur S/D fit, 1983 Addition - Walter Church/Fred Paxton MOTIONS Councilman Ackerly moved, seconded by Councilman Wagoner, to approve the lease application as amended. Motion passed unanimously by roll call vote. G-7 Lease Application - 10 Acres Adjoining Kenai Spit S/D,Lot 2- Fisherman's Packing Inc. I I i d i J I N tiN 1 1 i i KENAI CITY COUNCIL 11 AUGUST 179 1983 Page 10 MOTION: Councilman Wagoner moved, seconded by Councilman Wive, to approve the lease application. Councilman Wagoner said there is additional interest in land that will be before P&Z before long. At tinebtimmeved theugets at Kenai Spit S/O intersection was going the border of Fisherman's Packing and expCatch. That will lained, regarding have to be done. Land ManiQeinLthehpacket. It was never the right-of-way, back-up resolved. The same application has been Teactivated. she Area is physical access to Lot 2 leased byhKenaiway. If Regarding Srovesctherlease; that . betag imakes itcated ga dedicated Council app right-of-way and can extend. As it is now if we leased the additional lot, Lots 1 do 4 will have to be served at �-r yges Lane, it would be expensive and have extensive p owl ' . road building. i MOTIUNs � -•' Wagoner moved, seconded by Councilman Ackerly, Councilman Wag application submitted, with approval of the lease app for � requirements BadtColumbiahStr•beeextendedetoatheunorth. � right-of-way � Atty. Rogers noted the City has lost money leasing to corporations. He cautioned Council regarding various a corporate entity without: entering into a lease with , a, Establishing financial resources j b. Personal surety of the individual in addition to I corporation entity 1 NOTION, Addendums Councilman Wagoner moved, with consent of second, to add Atty. Roger's suggestions to the motion. City Manager Brighton noted access to Lots 1 & 4 would be blocked without the City building a road. Councilman said the road was built by SeaCatch, not the City. they are asking for is area being restricted to ifthey If the successor firm is Fisherman's Packing is current on their leases, weren't it should have been noted. current we should not change the willenotMr. Brighton rie 9 gttuation explained if this is adopted as we have had in the past when there was no one to go against. Councilmen Ackerly asked about the leases Just discussed. Atty. Rogers explained Valdez Airis oneyearg the Church is an individual. Councilman Ackerlysuggested lease application C a amended d be includeamendedthis. Land Manager Labohn added i VOTE (Passed): Yes$ Wagoner, Ackerly, Bailie, Glick, MRaules No: Wis© H REPORTS H-1 City Manager City Manager Brighton spoke. a. Mr. Brighton attended the Municipal l.eague Legislotive Committee meeting. There was concern about tho magnitude of proposals. They lessened the amount. The ultimate decision will be in Juneau in Novembor. a �r ��. KENAI CITY COUNCIL AUGUST 17, 1983 Page 11 b. Land Manager Labahn, Airport Manager Swalley and Mr. Brighton met with FAA in Anchorage. Regarding the proposed lease with Jess Hall on Willow with a cable on the lot. Till it is moved it will prohibit construction. The FAA will move the cable. -_-_ HCA and Glacier State have abandoned it, it is just FAA. This is agreeable with Mr. Hall. If we trench on the property line and splice he will start immediately, but FAA will move the entire cable next year. There was substantial agreement on other subjects discussed, he will provide documentation for them. Regarding the development of Gusty S/D and the air zone. FAA suggested we prepare restrictions regarding controlling the noise level and the congregation of many people. Regarding the Jesse Wade request for lease of City lands and access from Spur Rd. for parking spaces. We can put appropriate restrictions on the aree, _-- there is no problem with parking there. They discussed the exchange of 10 acres (for the HEA office transfer). They went the City to document both areas with appraised valuations. Airport Manager Swalley brought the final application ter the ramp overlay and itinerant parking extension to FAA. c. Regarding the easement through dedicated park property (Burnett request on Candlelight). Even though it is restricted for parks, there still has to be access to the perk. Could the City provide road access to park lands on both sides with a road in the center? d. Regarding the posting of signs on City land for sale, the City has prices on that. It is stili an on -going project. e. The Southcentral Emergency Medical Council has requested funds for an ambulance for Peninsula communities. Kenai was granted one. We will have a new $579000 ambulance. This is not pass -through money, the State will pay direct. Councilman Wagoner asked if the present one will be out of service. Mr. Brighton replied yes, but they hope to find space for it to hold in readiness in case of breakdown. Fire Chief Winston added they will take some equipment off of it, but it will be available for service. f. Councilman Ackerly suggested preparing the signs as soon as possible for next Summer on the enle of City lands and notification to campers. Mr. Brighton suggested Council take a long hard look at this position. We have many tourists that leave a great deal of money here. We have talked about spending $20,000 on promotion. This may not be the image you want to project. He would like additional input from Council. Councilman Wagoner suggested sending the information with notice of the ordinance may be enough. Mr. Brighton added, we should inform the canneries of our action. a I i KENAI CITY COUNCIL AUGUST 17, 1983 Page 12 g. Councilwoman Click asked about the draft of the letter to APUC in the packet. Will this be signed by the Attorney or the City Manager? Mr. Brighton replied Atty. Rogers had said he would sign it because it is technical in nature. Council agreed to the action. h. Councilman Wagoner asked, what is the states of the new post office? Mr. Brighton replied he would check on it. H-2 Attorney Atty. Rogers spoke. s. Regarding the draft letter to APUC in the packet. The attachments are not included. It will be sent Aug. 19, possibly copies will be sent to Homer, Soldotna and Seward. This is of concern to them. APUC is very solicitous to this type of concern. We have till Aug. 23 to comment, decision will hopefully be Aug. 26, b. Regarding CIE case. The court order is in the packet, judgement has been signed, they will vacate midnight Friday (8-19-83). The locks will be changed, the police will lock up. CIE counsel has said they will leave all items and fixtures. The City will inventory. c. Councilman Ackerly said he watched Atty. Rogers and Finance Director Brown in court recently. They did very well. H-3 Mayor a. Vice Mayor Measles asked that the Library Commission be included in the REPORTS section of the agenda. b. Vice Mayor Measles reported the Library Commission had a meeting 8-16-83. Pat Dye was appointed chairman, Troy Castimore was appointed vice-chairman. They will be meeting the 3rd Tuesday of each month. H-4 City Clerk Clerk Whelan spoke. of Petitions are available for the Oct. 4, 1983 election for 2 Council and the Mayor position. They must be returned by Sept. 29 1983. b. Peggy Arness from Son. Murkowski's office has invited the Council and City Manager Brighton to meetings with Sen. Stevens and Son. Murkowski. Clerk Whelan asked that she be notified who will attend. H-i Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None 9 0 KENAI CITv COUNCIL AUGUST 17, 1983 Page 13 H-8 Recreation Commission Recreation Director McGillivray spo%e. a. There has not been a meeting. He thanked Council for his trip to Los Angeles for the Jesse Owens Games. b. The Women's State Softball games will be this week end (8-20-83), there will be 24 teams. All are welcome to attend. c. Mr. McGillivray has received costs for leveling and cleaning, liming,fertilizing and seeding in the dust bowl, $59800. The money is available in Park Improvement funds. He would like to do this before Sept. 1. Wards Landscaping would do the work. MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to , approve Ward's Landscaping doing the dust bowl softball field for $5,800. Motion passed unanimously by roll call vote. d. The asphalt at the Recreation Center was laid this date. They are going to set a date for the open house in Sept. a e. Councilman Wagoner noted he has heard from many peon!,; about the new equipment in the parks, it is being used. j I. PERSON PRESENT NOT SCHEDULED TO BE HEARD ,i a. Father Targonsky, Russian Orthodox Church. He asked Council to do something about the phones in the fv airport. It is very noisy with bands playing there. - ' He suggested putting 2 in another portion of the 1' airport. Father Targonsky also noted there are very strong fumes from the planes coming in, when the doors are left ,4 open. He spoke to the airlines people and they said it was the responsibility of the airport management. -`� b. Public Works Director Kornelis. Phase 3 of the Kenai Regional Transportation Study was distributed this date. The total of building permits for this year was distributed to the Council. It has gone up considerably. f„ The engineering proposals for Section 36 were o distributed to Council. Mr. Kornelis asked them to review for any changes. c. Airport Manager Swalley. As of Monday morning (8-15-83) SesAir is no longer in Kenai. They still have not notified the City. Their personnel found out Thursday (8-11-83), they notified the people on Friday (8-12-83) they were done on Sunday (8-14-83). They have cleaned out. The timing is poor regarding the ERA construction. It has gone too far to go back. ERA has requested they move into the SesAir place. We will have to atop delivery on the belt. It will free up =-(_� spaces. KENAI CITY COUNCIL AUGUST 17, 1983 Page 14 Regarding the Wien/Valdez situation. He would like to seri all future leases have a clause that if the airline discontinues regular servico, the lease is automatically terminated immediately. In the packet there is a letter from Rev. Boettger regarding a petition from Rebecca Perry for space at the airport for religious literature. He asked for a work session to discuss this and other matterss 1. art work in the terminal 2. gift shop in the terminal 3. office spaces utilized in the terminal City Manager Brighton asked that Council also discuss the empty bar at the airport. Councilwoman Bailie asked that they meet at the airport. The FAA area upstairs and downstairs needs painting. It could be done for less than $5,000. He asked the Council because of the size of the project. Council took no action on the request. Council agreed to meet at 6s00 PM on Sept. 79 19839 in the Council chambers, before the regular Council meeting. Clerk Whelan was asked to schedule the work session. A03OURNMENTs Meeting adjourned pat 1Os45 PM. 3anet Whelan City Clerk ,�• ��ObEo a,