HomeMy WebLinkAbout1986-03-05 Council Minutes. -.
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MARCH 59 1966 - 7900 PM
PLEDGE OF ALLEGIANCE
A. ROLL CALL
1, Agenda Approval
2. Consent Agenda
*All items listed with an asterisk (*) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Minutes)
C. PUBLIC HEARINGS
1,
Ordinance 1107-65 - Amending
Kenai Municipal Code -
Exempting Personal Property
from Taxation
a. Substitute Ord. 1107-85
2.
Ordinance 1114-66 - Amending
Kenai Municipal Code -
Bring Personnel Regulations
in Compliance with Fair
Labor Standards Act
3.
Ordinance 1118-86 - Amending
Kenai Municipal Code -
Adopting Uniform Building, Sign
6 Releted Codes
Be Substitute Ord. 1116-86
4.
Resolution 86-16 - Transfer
of Funds - Lake, Marine,
Granite Pt. - Be Nelson Inspection
- $69947
5.
Resolution 86-19 - Transfer
of Funds - Repair and
Maintenance of City Vehicles
- $259000
6.
Resolution 86-20 - Transfer
of Funds - Hire Temporary
Employee - Clerk's Office -
$300
7.
Renewal of Liquor License -
a. Runway Lounge
b. Kenai Merit Inn
D. MINUTES
1. *Regular Meeting, Feb. 199 1986
2. *Verbatim, Feb. 19, 1986
E. CORRESPONDENCE
1, Alaska Office Management 8 Budget - 5 Vest Leasing
Program - Outer Continental Shelf Oil A Can
F. OLD BUSINESS
_....v_
1. Library Expansion - Co Gintoli - Amendment 03
2. Main St, Loop11 Marine, Granite Pt., FBO - B. Nelson
Amendment 01 and Authorisation to Pay
G. NEW BUSINESS
1. Bills to be Pe1d9 Bills to be Ratified
2. Requisitions Exceeding $10000
3. *Ordinance 1117-86 - Re -Allocating Road Grant - =1 ,S17;
Returning Road Moneys to General Fund - $159298
4. *Ordinance 1119-66 - Paving Eagle Rock Dr.t LID -
$459000
S. Discussion - Commissions do Committees - Appointmentev
Replecementst Minutes
6. Discussion - Street Light Report
7. *Games of Chance & Skill - Eagles #3525
H. REPORTS
1, City Manager
2, City Attorney
3. Mayor
4, City Clerk
S. Finance Director
6, Planning 6 Zoning
7, Harbor Commission
8. Recreation Commission
9, Library Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Minutes)
ADJOURNMENT
r-
KENAI CITY COUNCIL, OCULAR MCETINGo 14INUTES
MARCH S, 1986, 7sOO PN
KENAI CITY HALL
MAYOR TOM WAGONER PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Presents Sally Bailie, Jees Hall, Ray Meaelee, Chris
Monfor, John Wise, Tom Wagoner, Tom Ackerly
Absents None
A-1 Agenda Approval
a. Mayor Wagoner asked that item C-19 Amendment,
distributed this date, be considered.
b. Mayor Wagoner asked that item G-89 Retainage,
Construction Jobs, be added to the agenda.
c. Mayor Wagoner asked that Old Town Discussion be added
under item I-1.
Council approved the agenda as emended.
A-2 Consent Agenda
MOTION:
Councilmen Measles moved, seconded by Councilmen Ackerly, to
approve the Consent Agenda as submitted.
Motion passed by unanimous consent.
Be PERSONS PRESENT SCHEDULED TO BE HEARD
None
C. PUBLIC HEARINGS
C-1 Ord. 1107-85 - Amending KMC - Exempting Personal Property
From Taxation
s. Subst. Ord, 1107-85
MOTION:
Councilman Wise moved, seconded by Councilwomen Bailie, to
adopt the ordinance.
MOTION, Amendments
Councilman Wise moved, seconded by Councilwoman Monfort to
amend the ordinance per finance Director Brown's memo dated
March 59 1966.
VOTE, Amendments
Notion passed unanimously by roil cell vote.
PUBLIC COMMENT t -
s. Ruby Coyle, 1412 Goteborg, Kenai. 1) The'Borough and
the City, since incorporation, have lookfyA at a brood
tax. bole. The City is tasking it timalter' by:' exeoptinq,
personal property. 1) Has tha City Attorney--.rfirio*04 `.. this to see if some personal ptoporty.00uld-be 9xompt'
and nit boopenies are not? This, coul4 be bhp abpti. ao i
the Longevity program regarding equal treatilleffrt-+ 'Thor'"
ere o lot of people with real property and.npt personal
property. We are putting the burden on the teal
property owners.
KENAI CITY COUNCIL
MARCH S, 1966
Page 2
Councilman Vise replied, 1) He agreed with a broad tax
base, but only 60% of the people with personal property pay
the tax. It is an honor system. Many people with real
property do not show any personal property. Some people
are not paying because they did not know, but a lot have
never filed. 2) It is unfair that renters paying sales tax
and property tax to the owner by the rent payment are then
charged personal property tax. He has loll off as a home
owner. 3) If the City shows a good tax climate, we will
generate jobs. The lose is $65,000 to $7090009 that is
peanuts with our budget. It will encourage people to come
to the City and stay. Councilmen Ackerly noted there are
declining revenues, not just oil -related but all cities in
the country. $65,000 is not peanuts. Because some people
do not pay is not any reason we should not go out and get
it. Regarding a good tax climate, 1.9 mills is one of the
cheapest in America. We have done a lot to make a good tax
climate. It is hard to complain about government when you
do not pay taxes. Councilman Measles said $65,000 to $709000
is 20% mill. Most of the items taxed are luxury items. If
this is not in the budget, it will have to be made up by
property owners. If there is a problem collecting, that is
a problem of the system.
VOTE, Main Motion as Amended (failed):
;
Yea: Wise
No: Beilie, Hall, Messlea, Monfor, Wagoner, Ackerly
C-2 Ord. 1114-86 - Amending KMC - Bring Personnel Regulations in
Compliance with Fair Labor Standards Act
MOTION:
Councilman Measles moved, seconded by Councilwoman Monfor,
to adopt the ordinance.
There was no public comment.
Councilman Ackerly asked if the employee has additional
time, the City hoe the option of comp or overtime? finance
Director Brown replied yea, the department head will make
_
the decision. If comp time is given, it has to be time and
1/2 if over the current week.
Motion passed unanimously by roll call vote.
t`
C-3 Ord. 1110-66 - Amending KMC - Adopting Uniform Building.
Sign A Related Codes
no Substitute Ord. 1116-86
=
MOTIONS
Councilman Ackerly moved, seconded by Councilman Msaslas, to,
adopt the ordinance.
MOTIONt Amendment
Councilmen. Ackerly moved seconded brr Councilwoman 00009:
,
".
to amend the ordinance w1th substitute Ord..111,8-B64s.
.......
submitted.
There wipe no public comment.
Councilman Ackerly asked if this affects the City sign odiwi
Answer. no. Building Inspector Hackney explained the rates
the
have not changed since 19699 it is still beneath
. .
Increase in cost -of -living. Soldotne goes by evaluation of
='_;
the house. Kenai Bose by square footage. Councilman Visa
asked, why Is the foundation cost being taken out. Mr..°.
KENAI CITY COUNCIL
MARCH S, 1966
Page 3
Hackney replied;,; notreatsthey house is actual costiofed as 1/2 the construction*coat.
This does
Motion passed unanimously by roil call vote.
C-4 Res. 86-18 - Transf. of Funds - Lake, Marine, Granite Pt. -
8. Nelson Inspection - $69947
MOTION:
Councilman Measles moved, seconded by Councilwoman Monfor,
to adopt the resolution.
There was no public comment.
Public Works Director Kornelis reviewed the differences
between this and Arch. Gintoli's contract. He distributed
material. He added, Mr. Nelson did
apply for payment for work done during the period Aug. 1 to
Aug. 15. There is no difference between this and Mr.
Gintoli's. Councilman Ackerly asked if the City is charged
for a full day after completion. Mr. Kornelis explained,
this is more than just a punch list. The 14 day extension
wee at the City's request. Substantial completion on both
jobs was done within the time, but neither was complete.
Councilman Wise asked if Mr. Nelson gave timely notice for
the additional work. Mr. Kornelis replied, with both
contracts, the City is not obligated because they did not
give timely notice plus what they billed us for was within
the time limit. Councilman Wise asked for an opinion from
the project manager. He added, the main problem is formal
notice of additional work was not requested. Did Mr. Nelson
or his representative, prior to contract date, make
application for additional funds? Mr. Kornelis replied, in
both cases he did not know they were going to ask for
additional funds till they came to Council. Councilman Wise a
asked Mr. Kornelis if he was aware the projects had delays.
Mr. Kornelis replied, yes. they are still doing work. Mayor
Wagoner said they have a 20% clause that covers additional
work. When they bid the contract, they knew it was in
there. Mr. Kornelis noted one ie 20%o the other is 30 day.
Councilman Hall asked if there were liquidating damages to
the contract with Mr. Nelson. Mr. Kornelis replied no, they
went 14 days beyond completion date but there were change
orders to 14 days. Councilwoman Sallie asked if the change
orders gave specific time to complete. Mr. Kornelis
explained, when change orders are submitted to Council, the
time required is stated. Councilwoman Beilia asked if
Administration looked at the inspection contracts to ass
if it will fall in the change order. Mr. Korneile replied#.
the burden is on the inspectors to tell the Cityin writing.
It has to go to Council. Atty;RRogers stated0ihelly
Administration's position ia, hgy Is nt
obligated to pay this. If Council disagrees, okay, but it
it is found to be an unauthorised expenditure of public.
funds, there ere ramifications and dxpoeurs of 'the City and
Council.
VOTE (railed):
Motion failed unanimously by roll call vote.
86-19 - Transf. of Funds - Repair and Maintedenow. of
C-5 Res. ,
City Vehicles - $25,000
NOTIONt
Councilwoman Mentor moved, seconded by Councilman Homeless
to adopt the resolution. ..
KENAI CITY COUNCIL,.
MARCH So 1966
Page 4
There was no public comment.
Motion passed by unanimous consent.
- C-6 Ras. 96-20 - Transf. of Funds Hire Temporary Employee -
Clark's Office - $300
MOTIONt
Councilman Ackerly movedg seconded by Councilwoman Monfort
to adopt the resolution.
There wee no public comment.
Motion peesed by unanimous consent.
C-7 Renewal of Liquor Licenba -
s. Runway Lounge
b. Kenai Merit Inn
Clerk Whelan reported$ the Runway Lounge is one month behind
in their lease payments, but taxes are current. Atty.
Rogers recommended not protesting the renewal of liquQ0
license. Clerk Whelan reported Merit Inn is current.
MOTION:
Councilman Measles moved' seconded by Councilman Hall, that
9 letter of non -objection be sent to ABC regarding Runway
Lounge and Merit Inn.
D. MINUTES
0-1 Regular Meeting, Feb. 199 1986
0-2 verbstim, Feb. 199 1966
Approved by Consent Agenda.
E. CORRESPONDENCE
E•1 AK Office of Management B Budget - 9 Year Leasing Program -
outer Continental Shelf Oil & Oae
Council took no action.
F. OLD BUSINESS
F.I. Library Expansion - C. Ointali - Amendment i3
MOTIONS
Councilman Vies moved, seconded by Councilwoman Bailist to
approve payment.
Councilman .Miss asked -if there was oignificant work to be
done 0!$ . of .this data.,, Pdblic Works giractor Kornsiis .
rope#d 1� hours, socording to Mr, pintail's memo.. There
-sro daor$ to be replaced and summer work. Counciissn Wise
asked,if he recommended the City'do the work. Mr. Korn
dlis
.repAiod.. no# if .sa.. require- _him to do. it we would renegotiate
his. contract..* It. would be beyond the ;0 day limit.
' Architect WWI, H}.wrote s,lstter to Mr. Kornelis, Mr,
KoRnelis did not have an objection. MR. Ointoli.made
reference to "msjor.dsfeatso inspection is required." He
foots he it crt%ltled to charges regarding Atty. Rogers
remarks# they'see major defeats. The technicality of not
making it in writAng is the only objection. All doors in
the library have to be replaced. There is much work to be
done with the doors. S$`000 amendment will cover his to
KENAI
CITY COUNCIL
MARCH
So 1986
Page
5
,? I
June 15 when the landscaping is dons. Mayor Wagoner asked
`
why he was doing the work running down the herdwerep etc*
y
Stets of t
with a contractor on line* if he is out � there
n
a . _.._• .
should be some recourse against the contractor. Mr. Gintoli
explained, the replacement doors have to be inspected, All
else is done. The contract is clear as to extra inspection.
Mr. Kornelie sold the City was billed for reinepection but
In construction and inspection contracts it calla for
substantial and final inspection. If the work is faulty,
the aontractoc is held liable. Mr. Gintoli noted he made 3�_
inspectioneg the 3rd is the one he billed the City for.
"TOTE
(Pasased)
`-- ---- —u�
Yes: Bailie, Hell, Meaelee, Monfor, Wise
•r'
Not Wagoner, Ackerly
F-2
Main St. Loop, Marine, Granite Pt., FBO - B. Nelson
-, .—
'
Amendment i1 & Authorization to Pay
'�' .., - , _ `""
Engineer Bill Nelson. He was presented at the meeting with
Information he did not have before. It is hard to discuss
without review. He wrote a letter to Council last week,it
has not been answered. He did not understand how his
situation is different from Mr. Gintoli'e. It is a contract
obligation of the City. Mayor Wagoner said it was not$ it
use decision of Council to make an exception to the
contract. Mr. Nelson said Council did not agree with Atty.
Rogers that it was an unauthorized expense. Mayor Wagoner
"
sold the vote was taken regarding Mr. Gintoli's contract.
_=
We must'address this contract. Mr. Nelson sold 1) there is
some ambiguity in the bill. His interpretation was the
contract was not subject to increases unless it continued
20% beyond the working da'Uaf at which time the whole
`
contract was up for renegotiation. Administration says
:. '•.,:�:; - ::: ` :
just the 20% additional is up for renegotiation. It will
require a legal opinions 2) He is still working on the
contract. He didn't know if he should be asking for all or
"+
just part. He does not know where he stands. 3) Why was
°'
this work performed? Because during the course of
�.::. -':•:;
constructions he felt it was to the benefit of the City to
ask the contractor to do the work. Sewer service was not
in the original proposely it would have to be re- dons It It
was not a change order. The City approved that and
;--r
additional work to contract. They were not added on to
the end of the contract, but in the middle and added 14
days to the job. This inspection was done a month ahead of
;r
the end of the contract. He did not know this would take
him beyond the and of the contract date. Mayor Wagoner
asked, when he reviewed the contract with the City, washe
aware of the 20'S stipulation? Mr. Nelson replied no. Mr.
Kornelis noted Mr. Nelson's point was well taken. The
Inspection contract was for the job the City added to his
this
job. Mayor Wagonar recommended Administration review
with Mr. Nelson.
Council agreed to the' rsoommendation.
G,
NEW BUSINESS
C.P1.
Bills to be Psidv little to be Ratified
==
NOTIONt
Council woman .Mon for movedg seconded,by Councilman Measles,
to approve the bills as submitted.
"�+'
!lotion passed by unanimous consent.
r
KENAI CITY COUNCIL
MARCH S, 1986
Page 6
G-2 Requisitions Exceeding $1,000
MOTIONS
Councilmen Measles moved, seconded by Councilwoman Monfort
to approve the requisitions as submitted.
Notion passed by unanimous consent.
G-3 Ord. 1117-66 - Re -Allocating Road Grant - $1,5171 Returning
Road Moneys to General Fund - $159298
G-4 Ord. 1119-86 - Paving Eagle Rock Dr., LID - $45#000
Approved by Consent Agenda.
G-S Disc. - Commissions & Committees - Appointments,
Replacements, Minutes
Mayor Wagoner explained, the Charter and the Code state the
Mayor appoints, the Council confirms. He suggested a work
session to discuss comm. 6 mm, PBoard ssouncilman
of
Ackerly cold he had a copy policleaq he
suggested this be reviewed. Mayor Wagoner asked Clerk
Whelan to prepare a standard ordinance. Clerk Whelan
reviewed the memo in the packet regarding appointments and
minutes. Mayor Wagoner suggested hiring an individual to
take minutes and transcribe them at a nominal fee to see if
it works. Clerk Whelan noted Council and P&Z minutes have
to be done by someone who knows the legal requirements of
taking minutes. Councilwomen Ballis said she had a problem
with asking volunteers to take minutes. They become
ineffective if they have to do this during discussions.
She suggested a part time person.
MOTIONS
Councilwoman Monfor moved, seconded by Councilman Ackerly,
that the Clerk contact 3oAnn Phillips (Career Center), the
Sob Service and Georgia Alexander to do minutes on a
temporary on -call basis without a number of hours promised
on an hourly -wage -
Mayor Wagoner noted this could be developed by
Administration and brought to Council.
MOTION, Withdraws
Councllwdmsn Monfort with consent of second, withdrew her
motion.
Council agreed to direct Administration to come back with a
propoi l for someone to take minutes of comm. A comet.
sei ! gs.
0-6 Disc. - Strset Light Report
Councilwoman Misoros said she has people from the isms
subdivision calling her over again, 'She asked for the
status. Public Worka-Direotor Kornelis explained, REA is
40100 rapslrs, some wossr shot out,the some week they.w0re
repaired. He is working on;.caplecementr.
Gases of Chance i Skill. goatee #3325
Approved by Consent Agenda.
wok
KENAI
CITY COUNCIL.
z
MARCH
So 1986
Page
_._ `s.
Gy8
Retainage - Construction Jobs
Mayor Wagoner explained, he has discussed this with
downs are we one
contractors. With interest rates going
fixed rate of interest to pay rateinage4 finance Director
N:
Brown said the rate is not fixed. it le going down.
H.
REPORTS
H-1
City Manager
=Y
None
H-2
City Attorney
Atty. Rogers spoke.
= ""
a. He may be requesting an executive session on price A
_
ability to get natural gas. He attended a seminar that
was good. Kenai price is very good. On -going
negotiations will affect the finances of the City. He
will meet with Ray Benisch (Enstar) this month.
3--.
b. Regarding litigation. There will be a number of new
- --
cases. The economic climate is part of the problem.
We have to enforce our contracts, leases# insurance.
Council should be aware they may be approached by
litigants. He asked Council to refer them to the Legal
T`
dept. or cell him. Some ...ay want to come to Council
also.
H-3
Mayor
_
Mayor Wagoner spoke.
a. Recreation Commission. He recommended Jerry Carlson
Sr.
Council agreed to the suggestion.
Councilwoman Bailie asked if there were any women
applicants. Mayor Wagoner replied he did not know of
any. He further recommended Steve Dexheimer as an
alternate to attend but not votes Councilwoman -Bailie
y,_
noted there were 2 women applicants. Mayor Wagoner
` '�• °`e:n "
said he would delay the appointment and review the
applicants. Councilwoman Bailie noted women use the.
be reprr—nted.
;.
Roc Center as much as men and should
b. Planning & Zoning Commission. He recommended Hai
Smalley and Ozzie Osborne be reappointed.
Council agreed to the suggestion.
.a �.
o. Council an Aging. He recommended 3oAnn 8ussell and Sus
..
Chinn.
Council agreed to the suggestion.
-
d. Boreugh'Resouroe Devolopmen Council will be having a
Council attend.
Meeting March 8. He suggested
_
0.4 City Clerk
--
Clerk Whelan spoke.
a. She will be attending the Clerk's Seminar in Fairbanks
_
Maroh 9 to March 14.�'
n
KENAI CITY COUNCIL
MARCH So 1966
Page B
b. She reminded Council of the work session March 11 on
the HAS project.
c. She reminded Council of the Public Hearing on the Float
Plane Basin March 20.
d. A telephone poll wee conducted Feb. 21, 1986 regarding
repair work on City equipment. 5 Council members said
yea, 2 were unable to contact.
e. KPCC will be having a workshop March 149 on the agenda
is a session on Roberts Rules of Order. She suggested
Council memberst Comm. do Comm. members attend if
possible.
H-5 Finence Director
None
H-6 Planning do Zoning
Councilman Wise reported the hearing on the Borough landfill
permit. The issue is grandfather rights. He asked Atty.
Rogers to look at the proposal, justify and provide P&Z with
a legal opinion regarding applicability of request and of
the Code. Mayor Wagoner asked that copies be sent to
Council.
H-7 Harbor Commission
None
H-B Recreation Commission
Recreation Director McGillivray spoke.
s. He attended a meeting in Wash. D.C. for 3 days
regarding the Presidents Council on Americana Outdoors.
4 attended from Alaska.
b. Regarding camping fees. The State said it would be
difflouIt to eliminate the park because of grate
received. They suggested replacement. Mayor Wagoner
asked for a copy of the grantp etc. Mr. McGillivray
noted there are 3 grants.
H-9 Library Commission
None '
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Mayor Wagoner. Regarding Old Town Com 1ttsQ- There
has been interest by additional people. #lost lied.and.
own property there. He recommended additional member*$ it...
Kathy Tomrdie (Tom Tomrdle has resigned) "
Alan Boress
3erry foster
Will 3shrig b
Dan Hakkinen
He would like a Native representative. He will ask.,
George Miller for a suggestion.
Council agreed tt� the list. Mayor Wagoner asked for
terms of office and will reappoint Bob Cowan Ns
chairman.
KENAI CITY COUNCIL
MARCH -So 1996
Page 9
be Publbo.tic Works facilityphasotor gone tonAlaneThe contract
Houtz and Leon Quesnel
for review.
c. Public Works Director Kornelis. The packet for the HAS
project to be discussed March 11 was distributed.
d. Father Torgonskys Russian Orthodox Church. He asked
for support for the Russian Orthodox Church as a
National landmark. He distributed material from the
Dept. of Interior.
e. Councilmen Ackerly. He had the information for a well
calendar for review. He asked Administration to bring a
proposal to Council.
f. Councilman Ackerly. He requested a letter be sent to
John Simerothg KCHS, for his appointment to tha Air
Force Academy.
g. Councilman Ackerly. The Seattle Seehawks will be
playing a basketball game with the Alaska legislators
March 7. Proceeds will help KCHS with the Close-up
program.
h. Council was reminded to give the Comprehensive Plan
reviews to Planning Specialist Loper by March 10,
1. Councilman Wise. Regarding the report on dumping oil
on the land fill. Council by motion directed
Administration to fil" formal complaint to EPA. He
would like a report.
j. Councilmen Wise. Where are we on the float plane
schedule - land acquisition, pre-app filed, etc.
Airport Manager Ernst said he would have written
report.
ADJOURNMENTS
Meeting adjourned at 9s20 PM.
A3=et Whelan
City Clerk