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HomeMy WebLinkAbout1986-09-03 Council MinutesF AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 39 1986 - 7tOO 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 coon the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Be PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Catherine Thomas, Central Alaska Construction - Standard, Richfieldp Thompson Pl. - Owner's Breach of Contract 2. Clarence Ladd - Parking C. PUBLIC HEARINGS 1. Ordinance 1110-86 - Establishing Two new Employee Clescifications 2. Ordinance 1132-86 - Amending Kenai Municipal Code - Site Plans a. Substitute Ord. 1132-86 3. Ordinance 1160-66 - Amending Kenai Municipal Code - Mandatory Water Connections a. Substitute Ord, 1160-86 4. Ordinance 1162-086 - Increasing Rev/Appno - Airport Safety Zone, General Aviation Tiedownj Taxiway improvements - $9539000 a. Substitute 1162-86 5, Ordinance 1163-66 - Increasing Rev/Appne - New Street Lights - $909000 6. Resolution 86-79 - Awarding Contract - Floor Covering, Senior Citizens - S. Rutherford Floor Covering - $5t634 7. Resolution 86-84 - Requesting Federal Govt. Grant Area -Wide Customs Port of Entry Statue to Kenai Borough Ports B. Resolution 66-85 - Opposing Kenai Peninsula Borough S$0,000 Salary Cap 9. *Application for Liquor License - Windmill Restaurant 10. Resolution 86-06 - Awarding Contract - Airport Safety Zone# GA Apron, Taxiway Improvements - 5943v007 In D. MINUTES 1. *Regular Meetings August 209 1986 2. *Special Meetings August 289 1986 E. CORRESPONDENCE F. G. OLD BUSINESS y NEW BUSINESS 1. Bills to be Paidq Bills to be Ratified'4 2. Requisitions Exceeding $10000 3. *Ordinance 1161-66 - Amending Kenai Municipal Code Standard Procedures for Commissions 6 Committees 4. *Ordinance 1164-86 - Rezoning - Sprucewood Glen S/D =� 5. *Ordinance 1165-86 - Increasing Rev/Appne - Library Grant - $12 9000 6. *Ordinance 1166-66 - Increasing Rev/Appne - Recreation, o - 7. Donation from Elks Club - $500 Discussion - Alaska Municipal League -Amendment to r Municipal League Bylaws on Quorum _. 8. Discussion - Engineering Design/Inspection Firma A� 9. Discussion - OceanTech s. Billing on S. Strawberry Rd.v Kenaitze Ct., Eagle G Rocky Sandpipers Ternp Robin b. Request for Additional Compensation 10. Discussion - Shore Fishery Lease - Jewel Machen 11. Phil Evans - CIIAP - Rescission H. REPORTS 1. City Manager 2, City Attorney 3. Mayor 4. Clerk 5, Finance Director 6. Planning do Zoning 7, Harbor Commission 8. Recreation Commission 9, Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min. ADJOURNMENT .dj p rr KE.NAI CITY COUNCIL - REGULAR MEETING MINUTES { SEPT. 39 1966 - TtOO PM f KENAI CITY HALL TOM WAGONER PRESIDING MAYOR t PLEDGE OF ALLEGIANCE A. k ROLL CALL J Present, Sally Bailie$ 3068 Hall# Ray Measleat Chrie '+ Monfort John Wiest Tom Wagoner, Tom Ackerly Absents None l� A-1 Agenda Approval a. Mayor Wagoner asked that item B-1 be added - Co Gintolit Leif Hansen Memorial Park. b. Mayor Wagoner noted that item C-1 - Ord. 1110-86 - Finance Director Brown had requested some amendments be made to the ordinance. c. Mayor Wagoner noted the dates on items C-1 & C-2 (Ord. 1110-86 & 1132-86) will be corrected administratively. d. Mayor Wagoner noted item C-3a - Ord. 1160-86 - substitute ordinance was distributed this date. e. Mayor Wagoner asked that item D-1 - Minutest 8-20-86 be taken off the Consent Agenda. f. Mayor Wagoner asked that item G-3 - Ord. 1161-86 - be taken off the Consent Agenda. g. Mayor Wagoner asked that items G-8 do G-9 be reversed on �. the agenda. h. Mayor Wagoner noted there will be some testimony for -� item G-10 - Shore Fishery Lease u Agenda approved as amended. A-2 Consent Agenda MOTION: Councilmen Measles moved, seconded by Councilwoman Beiliet# U to approve the Consent Agenda as amended. - _r Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD - 6-1 Catherine Thomeet Central Alaska Construction - Standard, Richfieldt Thompson P1. - Owner's Breach of Contract Me. Thomas was not present. 6-2 Clarence Ladd - Parking 1iT Clarence Ladd t Kenai. Mr. Ladd said he had been trying for 3 months for Council to handle this problem. He has talked to Rea. Director McGillivray and asked for parking space near the park* it to fenced in over there. For 2 city blocks# from Kenai Joe's to Main St. there is no access. by the d City Hail (Community _ There is one short entrance o Center). 3 weeks ago grass was planted there,, they hove out ° off Moossa. The Peninsula Learning Resource Center .is Moving to the fine Arts Center. There is no place to park there. There is also a big monument there. There shouli b*, - a place to park there. Broad St, has a brd cornerhe, has F¢ been hit 2 times there. There is nothing posted there. There is no May to - There ere S ote going up Mein to Cos . get through here. A 26 ft, easement could be opened.. tir: asked Council and City Manager Brighton to look at this. -.. Also# where will the City put the snow? Mayor Wagoner asked::. if he was aware of the Old Town study# answer - yes. lliyar - Wagoner asked It he had spoken to the Committee regarding ;f_`' this. Mr. Ladd replied year but he did not think they could do anything about it. Mayor Wagoner explained# that is part o : ii KENAI CITY COUNCIL SEPT. 39 1986 Page 2 of their study. Council cannot make a decision till the final report is done. Mr. Ladd asked if Rea. Director McGillivray could out out easements and driveways. Regarding the brush at the Senior Center, We have a $1 Million building, there is a jungle of brush there. People will break in again. i'. B-3 Carmen Gintoli, Architect - Leif Hansen Memorial Park Carmen Gintoli, Kenai. Mr. Gintoli said Beautification o V _47 Committee and Landscape Board met Sept. 2 and reviewed 2 plane. He reviewed the ona selected. The entrance will be on Frontage Rd., the gazebo in the center for memorial services. There will be paths in the perk, flower beds at - --- --- - -- the entry, a sign on Spur. Dr. & Mrs. Hansen received V $8,000-$109000 for the fountain. It will be purchased and --• ro- Installed with these funds. The gazebo and fountain can be seen from the street. They will stay within the $50,00. Councilman Wise asked if the park will be usable in winter .- after plowing. Mr. Gintoli roplied yea, the main access is on Frontage. Councilman Wise asked if there was a place for the plowed snow. Mr. Gintoli replied, the sidewalks will have plaques on them, with trees planted in the ground. The sidewalks can be used in winter. A snow blower will not - ,,.;• destroy the trees, but they will have to use a smell one. The fountain will not be used in winter. A flag pole will be donated. Mayor Wagoner asked about the City flag pole. Public Works Director Kornelis explained, the park one was donated by Nina Selby. We have another one designated for City Hall.`. -- Mr. Jahrig will be digging the hole for that one. 8-1 Katherine Thomas, Central Alaska Construction - Standard, Richfield, Thompson P1. - Owner's Breach of Contract Katherine Thomas, Box 15949 Soldotna= Owner, Centre' Alaska Construction. She had a package for the Sept. 3 u. Council pocket, but could not get back from King Salmon in time. In 1964 they bid the Standard project, in 1985 they -_=:--- were given the alternate job, it was completed in 1965. She reviewed the material distributed this date. Pay Estimate 07 shows 29M cu. yds. of usable excavation, there was un actual total of 1,216 cu. yds. They had to haul in an extra - in 19000 cu. ydee to make up for the gap in the sub - grade* No one ever measured what happened. It 3-1/2 days of working time. It took 30000 cu, yde. of material to bridge the gap. They did not make the mistake. They requested a cross section before. The engineers - the owner's representatives - chose not to do this& it was against their contract and against good engineering practice. All this was documented by the Inappector. The quantities the engineers come up with cannot be adequate because they did Art 4.7 not come up with all the arose sections necessary. section. If :.'r '°.• `_ of City standard contract shows they get a ova** the engineer disregards this, they should have an explanation. On 3sn. 0 they requested release of o:s retainags. They did not receive a reply till March 3. The engineer is to notify within 10 days if there Is a problem. The March 3 letter does not address the fact they did not n have s cross section. She replied to that letter# but didr :.'=.= not receive on answer except the June letter from Minces ��. Cortheli b Bryson. They believe the quantity to be correct. On 3une 5 she wrote a letter *eying the owners should - provide a arose section. On Aug. 6 she wrote a pay estimate. She has had no replies from her letters. She .a._. _ came to the retainags meeting and was told this did not haves==.. to be taken onto of at this time. There was no reason for the City to hold retainags. She called the City for 2 s Ain -n ---- -- -- r KENAI CITY COUNCIL SEPT. 3, 1986 Page 3 weeks. She received a check for retainage in Aug-, marked "final payment." It had not gone to Council, she thought all payments had to go to Council- The amount had been changed. The contract says if there are any changes, she tees to be notified. The lack of a cross section was not addressed and.the check was marked "final payment." The City should ask why they are out payment and should check with the engineer. This will cost her and it Is not her problem. This is not good policy. Public Works Director Kornelis explained, the City is not asking Council to settle this, the claimant is. There are procedures for her to follow. He was informed the contractor would be have. She was supposed to come in with a packet but she did not. He mailed her a copy of packet item 6-1 (Kornelis memo dated Aug. 29). Mrs. Thomas stated she did not receive it. Mr. Kornelis said the Oct. 1985 cross sections were given to her. He attended the Nov. 1965 meeting and went over the cross sections at that time and made copies of them. The City has hired Wince, Corthell do Bryson to handle this, they have done a good job. It was designed and inspected by Wince, Corthell & Bryson. At pre -construction conferences the City explains the engineer and the contractor should be In contact with each other- Mrs. Thomas noted in the packet to Council is a letter dated Sept. 2p 1986 from her consultant saying there is no way to have an accurate estimate because there was no after -excavation cross section taken. This point is being ignored. Mr. Kornelis replied the cross sections were made according to contractor space. Section 20.00 of the Standard Construction Specs states "Materials shall be measured in place in the fill or backfill, compacted to the specified density, to neat line grades by the method of average and areas determined from cross-oections taken by the Engineer." Mrs. Thomas replied, there is no way that section appliest that is for template when you know whet is on the bottom. There had to be 2-1/2 ft. of material brought in. The City's inspector verified they brought it in. Mr. Kornelis does not mention that cross eection, one for pre -design and template drawing after, but not after excavation cross section. The engineer has a man who documented what took place on the project. She had to bring in 5,000 yda. to get to finish elevation. She had to bring in an additional amount of type 3 to get to the some spot at the and. The material was not there to establish this template. If you are short 1,000 yde of usable you have to bring in 1,000 yde of type 3. Councilwomen Bailie suggested it be brought back to Administration for a further report. Councilman Ackerly asked if there is any way to verify 1,000 yde, in our records. His Kornelle roplied, Mr. Madden (Mince, Corthell 6 Bryson) hoe checked 3 times and there In no mistoke. He explained, Pay Estimate 07 is a rough estimate by the design engineer. The 2,142 ou. yds. to Wince Corthell 8 Bryson figure. Mayor Wagoner asked, what is Wince, 1,216 cue rds. figure? Mr. Kornelis replied, he agrees to that. It is only one of those crossed out. In Pay Estimate 07 the engineer did not agree with the total to date figures. Mr. Kornelis' letter shows the contractor is asking for $79 000 more than we paid them. They are paid in full. The City is following the book. The Pay Estimate was approved at the Aug. 26 meeting, with the numbers crossed out. Councilman Aokeriy o:oked if the inspector was always an the job and counting truck -loads. Mr. Kornelis replied no, because we do not pay -by. the truck load. The contractor told.thes hair many truck loads they had. it is paid by cu. yd., Nessurod) in.plaoe. Mre. Thomas said the on -site inspector. documented the load counts for sub grads, reduced for fame compacted yard. On others they were within 1N. Mrs, fielor is s good Inspectorp he did documentation. He asked for a cross section, he thought it was nsaeseary. She asked that � .. f,", KENAI CITY COUNCIL SEPT. 39 1906 Page 4 Wince, Corthell & Bryson explain why they did not have proper documentation. Councilmen Ackerly noted Wince, Corthell do Bryson representatives should be here. No action taken by Council. C. PUBLIC HEARINGS C-1 Ord. 1110-86 - Establishing Two New City Employee Classifications MOTION: Councilman Measles moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. MOTION, Amendment: Councilwoman Bailie moved, seconded by Councilwoman Monfort to amend the ordinance to change Administrative Assistant II to Administrative Specialist, and change Administrative Assistant III to Administrative Assistant. Finance Director Brown explained, he had initially wanted to defeat this but we do not know what Council will do with the study. Councilman Measles noted this will be discussed at the Sept. 17 meeting, we need a work session before then. If we accept the study, we should not do this piece meal till after we decide on the study. Finance Director Brown explained, there will be massive changes if they accept the study. Even without passing the changee, Council may want to have title changes. VOTE, Amendment (Failed): Motion failed unanimously by roll call vote. VOTE, Main Motion (Failed): Motion failed unanimously by roll call vote- C-2 Ord. 1132-86 - Amending KMC - Site Plans a. Substitute Ord, 1132-86 MOTION: Councilman Hall moved, seconded by Councilman Mesele89 to adopt the ordinance. There wee no public comment- MGT10N, Amendments Councilman Wise moved seconded by Councilmen Hell, to adopt substitute Ord. 1132-669 as submitted. Councilman Wise explained, the substitute combines the Landscape and Site plane. VOTE, Amendments Motion passed by unanimous consent. Councilwoman Bailie noted Section 14.25.0500 why is there a clerk for the Landscape Review Board? Councilmen Hail replied, it was in the original ordinance. Councilwoman . r- KENAI CITY COUNCIL SEPT. 39 1966 Page 5 Bailie aakod if this wee to take minutes. Councilman Hall repliedp the Planning Specialist is at the meetings$ this was in lieu of a secretary. MOTION, Amendments Councilwoman Bailie movedg seconded by Councilman Wiest to delete the word "clerk" from Section 14.259050. VOTE, Amendments Notion passed unanimously by roll call vote. VOTE, Main Notion as Amendeds Notion passed unanimously by roll call vote. C-3 Ord. 1160-66 - Amending KMC - Mandatory Water Connections 8. Substitute Ord. 1160-66 MOTION: Councilmen Ackerly moved, seconded by Councilman Meealest to adopt the ordinance. PUBLIC COMMENT: a. Father Targonsky, Russian Orthodox Church, Kenai. He objected to passage of the ordinances for the some reasons he submitted at the Aug. 28 meeting. He questioned what was meant by a straight lines is this on the surface? Are you 10 ft. below 200 ft* of an existing public water main? The well is not on the ground, it is under the ground. This does not specify how a direct line is measured. Mayor Wegoner roplied, a surface mesieurement is DEC requirement. Father Targonsky noted it should be specified. Atty. Rogers replied, it is not a problem. Father Targonsky asked when it takes affect. if it is Oct. 3, how much time will the City allow with notifying of work to be done? Atty. Rogore explainedq administrative flexibility allows the City to grant people adequate time. If it is not enough, the customer has recourse. NOTION, Amendments Councilman Wise moved, seconded by Councilman Hall, to amend the ordinance to substitute Ord. 1160-869 distributed this date. VOTE, Amendments Notion passed by unanimous consent. Councilman Wise suggested making the effective date 3uly, there way be frost on the ground by Oct. 3, Atty. Rogers replied that would not be as good as making the effective date as soon as possible for reasons of State agencies. There -in Administrative flexibility. There are some projects than are being closed out that are affected by this. Councilman Wise said we are also waiving charges, that Is another issue. It should not be lumped together. Publio-Works Director Kornelia expleined, at soon as water b sewer line is hooked up, we start charging. This is the best avenue. He talked to DEC this date, they have s copy of his handwritten substitute and have no problem with it. We need this right away to get operating certificates on some projects. They would not require hook up in winter. A KENAI CITY COUNCIL SEPT. 3, 1966 Page 6 VOTE, Main Motion as Amendedt Motion passed unanimously by roll cell vote. C-4 Ord. 1162-86 - Increase Rev/Appne - Airport Safety Zone, General Aviation Tiedown, Taxiway Improvements - $953#000 a. Substitute Ord* 1162-06 MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to adopt the ordinance. There Mae no public comment. Councilman Ackerly asked if FAA would contribute, answer - yes. City Manager Brighton explained, the substitute has the exact figures. MOTION, Amendment: Councilman Measles moved, seconded by Councilwoman Bailie, to replace the ordinance with substitute Ord. 1162-66. Councilman Wise asked what is not grant -eligible. Airport Manager Ernst replied, the apron with 2 taxiways, floodlighting, safety zone fill, top soil & grading, inspection are FAA participation. The taxiway is not. The lighting, electric outlets, vehicle sccese would be picked up the the State. Councilman Wise asked, how much of this to identified in the Airport Master Plan or the proposed plan? Mr. Ernst replied, it was not approached in either one. Councilman Wise asked if it was on the Capital Improvement List. Mr. Ernst replied no, this was a back-up project for the float plane basin. If that did not go, this was brought to FAA as a viable project. Mayor Wagoner asked If the City was in dangor of losing funds if we do not do this. Mr. Ernst replied yes, if this does not come to grant, $4869000 would be at risk. You can only accumulate 3 years funding. Councilmen Measles asked if there was any reason we have to do this all at once. Do we have to spend $1 Million to keep from losing $4009000? Mr. Ernst replied no, GAA tiedown end the taxiways will be an asset. This would eliminate the frost heave problem. FAA will fund this. We are only using State and Federal funds. VOTE, Amendment (Passed): Yee: Bahia, Hall, Measles, Monfor, Wagoner, Ackerly Not Wise VOTE, Main Motion As Amended (Passed)t Motion passed unanimously by roll call vote. C-S Ord. 1163-06 - Increase Rev/Appne - New Street Lights - $90,000 MOTION: Councilman Ackerly moved, seconded by Councilwoman 8silisr to adopt the ordinance. There wee no public comment. Public Works Director Kornelis reported the list was shacked for duplicates* Councilman Wise noted these will not be.in till next summer* Public Works Director Kornelis said R" Mill not be charging meter costa* They will be back with a more definite figure* KENAI CITY COUNCIL SEPT. 39 1986 Page 7 MOTION, Amendments Counoilwoman Nonfat moved, seconded by Councilwoman Bailie, to amend the ordinance to add Thompson Pk., corner of Iowa and Eisenhower. VOTE, Amendments Motion passed unanimously by roll call vote. Councilwoman Bailie asked if this would be back to Council prior to construction with the exact figure. Public works Director Kornelis replied, there will be a PO. Mayor Wagoner noted, with 50 new street lights at $1200 per light, that is about $69000 more in the budget. Councilmen Wise noted maintenance is HEA responsibility. Councilman Measles asked that the PO be for all lights at one time. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-6 Roe. 66-79 - Awarding Contract - Floor Covering, Senior Citizens - S. Rutherford Floor Covering - $59634 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-7 Rea. 86-64 - Requesting Fedl Govt. Grant Area -Wide Customs Port of Entry Statue to Kenai Borough Porte NOTIONS Councilman Ackerly moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. Councilman Ackerly asked about funding. City Manager Brighton replied, the City should pay their share. This is at the request of the City of Sowards Councilman Wise asked if there wat Borough support. Mr. Brighton replied: there was a resolution at the Sept. Z meeting. Motion passed by unanimous consent. C-6 Res. 86-05 - Opposing Kenai Peninsula Borough $50#000 Salary Cap MOTIONS Councilman Measles Moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. Mayor Wagoner said at this time it does not affect-ths City. This will be on the ballot, the voters should decide. Councilwoman Monfor explained she asked for the resolution bsosuse the ballot proposition is done incorrectly. The people who Introduced it do not realize the rsmificetlone and Borough employees deserve Council support- 37 •' , Y KENAI CITY COUNCIL SEPT. 3, 1986 Page 8 VOTE (Paesed)s J Yes, Bailie. Hall, Measles, Monfort Wiest Ackerly Not Wagoner C-9 Application for Liquor License - Windmill Restaurant.. Approved by Consent Agenda. ` C-10 Rea. 66-66 - Award Contract - Airport Safety Zones GA Aprons 4M Taxiway Improvements - $9430007 MOTION, Councilman Ackerly moved, seconded by Councilwoman Bailie, _ to adopt the resolution. - Theca was no public comment. Public Works Director Kornalis explained, we are not doing alternate /2. Councilmen Wise noted, we are creating a new parking area for tie downs. He asked how Administration plans to control tie down traffic. It cannot be controlled from City Hall or the terminal, as to assigning positions or who will use it. It should be franchised out. He oleo questioned another access. Why did we put up another fence? _=�I The gates will not be controlled. „ MOTION, Amendments Councilmen Wise movedt seconded by Councilman Meaelest to reduce the award by $379055 and delete add.alt. •I. ' Councilman Measles asked why this la needed. Airport A, Manager Ernst explained, the only other access is through ;.'a.. the CAP or Grizzley arse. Traffic would have to go through the planes to parking. The 2nd access road has a gets by the cemetery, that is a maintenance road. We would by keep this gets looked. We could control traffic by keeping - the gates open at other places. He noted, the reason for the security fence was for jet traffiot we do not have that now. Councilmen Measles added, also to keep Moose and caribou off the runway. Public Works Director Kornelle said besides access, the gate is for parking for 40 planes. FAA _. ;" :.' has agreed to the plans. Councilman Measles aekedt if there is vehicle parking on the airport, is there a liability?`_,:,t::_., " Atty. Rogers repliadt there may be substantial liability, but you have access now. Councilman Hall noted, we are just adding to the parking, not changing it. Atty. Rogers said when you inoreese traffic, you get psoplo that are not specifically related to aircraft. VOTE, Amendment (Failed): -== Yee, Wise Wagoner1. - Nos Beillet Hall, Messiest Nonfat# Ackerly VOTE, Main Motions Motion passed by unanimous consents-�; 0. MINUTES 0.1 Regular Maetingt Aug. 209 1966 a. Clerk Whelan noted that page 4, item C-7, MOTION. {.- Approval was for substitute Rees 66-62, KENAI CITY COUNCIL SEPT. 39 1986 Page 9 b. Clerk Whelan noted that page 11, items C-4t C-St C-6, C-7, C-Bj C-9 - should be H-3, H-4, H-69 H-79 H-89 H-9. H-5 should be added, Finance Director's Report - none. c. Councilwoman Bailie noted that page 59 paragraph 49 Waldo Coyle should be Ruby Coyle. MOTIONS d d b Councilwoman Monfor Councilwomen Bailie moved, eecon e y to approve the minutes as emended. .^ Motion passed by unanimous consent. D-2 Special Meeting, Aug. 28y 1986 Approved by Consent Agenda. E. CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINESS G-1 Faille to be Paid, Bills to be Ratified MO T I OAS S a .. Councilmen Measles moved, seconded by Councilwoman Bailie, to approve the bills as submitted.. T. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 MOTION: Councilman Hall moved, seconded by Councilwomen Monfort to approve the requisitions as submitted. e;-~ Councilmen Wise asked if the computers had gone out to bid. Finance Director Brown replied, Council had said they wanted _ IBM or IBM-compatible. There was no joint meeting of depte, each dept. In on their own. Public Works Director Kornelie h �o Is ordering the same thing. n � Motion passed by unanimous consent. 0-3 Ord. 1161-86 - Amend. KMC - Standard Procedures for Commissions and Committees MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie,t,;, to introduce the ordinatica. -` MOTION, Amendments Councilwoman Bailie saved to amend Section 1, Creation# and Section 30 qualifications. n ...' There was no second. Councilwoman Bsilie explained, Section 3 - Qualifications. L She asked that "the member cannot be an officer or employes of the City of Kenai" be deleted. This should be under the jurisdiction of Council. She further noted we have several F_ KENAI CITY COUNCIL SEPT. 39 1966 Page 10 commissions with no female members. We need input and expertise from both. We do not went all females either. Mayor Wagoner said if you went females and none are available, you cannot get a member. Councilwoman Bailie noted there are no females in Recreation Comm., P6Z or Harbor Comm. More females then melee use the Roo. Center. She added, there were women that applied for most of these positions. Councilman Ackerly suggested there be periodic advertising for positions. Clerk Whelan said this Is done 4 times in December. Councilman Ackerly suggested this be done more times. Councilman Wise requested division of the question. Council agreed to the request. MOTION, Amendment: Councilwoman Bailie moved, seconded by Councilwoman Monfort to amend the ordinance procedures, section 19 add at the end, "A member from City or staff attend all meetings of Boarde, Commissions and Committees and supply staff support." Mayor Wagoner suggested a cost/manpower study. They will have comp time available. Councilwoman Bailie explained, this is not to take minutes, but to contribute. Example, Beautification Committee. We owe it to the commissions and committees to show interest of Administration. Councilmen Wise said if minutes are not required; the meeting should not be held. City Manager Brighton said the Recreation Director and Planning Secy, are directed to attend ell meetings of the Beautification Committee. VOTE: Amendment: Motion passed by unanimous consent. MAYOR WAGONER LEFT AT THIS TIME (9 00 PM). VICE MAYOR t:CASL:: ASSUMED THE CHAIR. Councilwoman Bailie referred to item 3, qualifications, let sentence, 2nd line. After the words "City of Kenai" add, not own property in the City." In addition, she asked if an employee should be allowed to serve. Councilman Measles noted the procedures allow Council to exempt that requirement. Some commissions and committees should be kept as requiring residency, such as PAZ. City Manager Brighton explained the employee requirement. It is possible an employee could be in a conflict situation. This would also prevent Council from loading the commission by putting employees on the commission. Atty. Rogers added, there is a problem of undue influence by an employee because of his expertise. Also, there is protection of the employee for influence of Council to be put on the commission. They would speak for Council, net of their own free will. This to done in other citinu. He suggested an exemption clause. Councilman Hall suggos�ed Council could appoint an employee so on ex-offiolo member. Councilwoman Bailie explained she was thinking of short-term committees. MOTION, Amendments Councilman Wise moved,- seconded by Councilwoman Monfort section 4, Terms, line 4., Delete "This term con be extended until -a successor is appointed and qualified." Councilman Wise explained, they could be on for 10 yesrs. He would prefer expiring the term and re -nominating. Clerk Whalen explained, this was put in to prevent lack of e quorum because there were not enough members. Atty. Rogers r a • d oc; —��__ _�;—.r,_-�- ail --- . •n• _ ri. = rL KENAI CITY COUNCIL SEPT. 3, 1966 Page 11 stated there cannot be an appointment for a shorter term then statute. Cour.ailman Measles noted this is similar to Council elections. If there is no qualified replacement, the member remains. VOTE, Amendment (Passed)$ Yes$ Bailie, Hall, Measles, Monfort Wise Not Ackerly MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman Monfor, to add Council on Aging to the list of commissions stated in the Ordinance. Clerk Whelan explained, this ordinance only amends sections of the Code dealing with specific commissional Council on Aging is not specified in the Code. Atty. Rogers noted it could be added. Councilmen Measles said the Landscape Board should be added to the list. Councilwoman Bailie said the primary need is for a secretary at the Council on Aging meetings. Atty. Rogers explained, all those commissions, committees and boards recognized by the City would be under this ordinance whenever they are created. MOTION, Withdraw Amendments Councilwomen Bailie, with consent of second, withdrew hqr motion. VOTE, Main Motion as Amended: Motion passed by unanimous consent. G-4 Ord. 1164-86 - Rezoning - Sprucewood Glen S/D G-5 Ord. 1165-66 - Increae. Rev/Appne - Library Grant - $12#000 G-6 Or.d 1166-86 - Inc:ess. Rev/Appne - Recreation, Donation from Elks Club - $500 Approved by Consent Agends. G-7 Disc. - Alaska Municipal League - Amendment to Municipal League Bylaws on Quorum MOTIONt Councilmen Wise moved, seconded by Councilwoman Monfort to approve the request of Municipal League. Motion passed by unanimous consent. 8-8 Disc. - Engineering Design/Inspection Firms Public Works Director Kornelie explained, Public Works Depto is comfortable with these 4 firms. They are preparing RFP for the float plans basins that Is the tat time we will try with thlo system. MOTIONt. Councilman Wine moved, seconded by Councilwoman Manfcrs to accept the recommendation of Administration. Councilman Wise noted if we stick with engineers we know in Kenai, we would have better estimate with the projects. Cost over -runs in the past could be covered because money was available, but money is ti ht now. We don't have to gamble with outside firms if this is accepted. Councilman n Hell asked for a list of all engineers in the area for s - a c KENAI CITY COUNCIL SEPT. 3, 1986 Page 12 Council review. He noted Council decisions have not been that good when they go against Administration. He suggested this be finalised at the Sept. 17 meeting. Vice Mayor Measles noted this list can be added to or deleted. VOTE (Paseed)t Veee Sallie, Messiest Monfort Wise No: Hell, Ackerly G-9 Disc. - OceenTech G-9a Billing on Strawberry Rd., Kenaitze Ct.# Eagle Rockt Sandpiper, Tern, Robin Councilmen Ackerly noted there are serious problems that have to be straightened out. The only way it can be done is to close this out. Public Works Director Kornelis explained, this is bill for 100% completion of the project. There is more work to be done. That is why he brought this to Councilp he did not think it should all be paid. Councilman Ackerly asked why we cannot inspect ourselves. There is only 50 ft. of paving, it should only take one hour. Public Works Director Kornelis expleinedp they went paymont for the whole project. He did not feel they had a basis. They have gone over their not -to -exceed amount. We have not paid them for that. They have not said they would not do the additionalt but City policy is to not pay till all is done. Councilman Ackerly eskedp if we inspect 50 ft.t will they say we are in violation of the contract? Mr. Kornelis replied, it is possible. He noted they have gone over the not -to -exceed amount, so the total will not change. Our contract reads they are allowed to go over 20% of the contract date. Councilmen Ackerly noted they have to ask for approval. Mr. Kornelis replied, that is item G-9b. Finance Director Brown explained, the reason this is before Council is, 2 meetings ago Council directed Administration to investigate making a claim against OceenTech. He did not went to pay them, than make a claim. Councilman Ackerly asked if they were bonded. Mr. Kornelis replied no, just professional liability insurance. Councilman Wise said he would like to close out the project. We do not have a claim against the engineerp we appr-oved the plan. MOTIONt Councilman Wise moved, seconded by Councilwoman Monfor, to provide pay-off to OceenTech pending final receipt of data that is expected. Finance Director Brown explainedg $209000 payment would be holding back 10%, Councilmen Ackerly asked if we pay them without the mylare, stoop we cannot proceed? Mr. Brown replied we can go ahead. The only thing ocsus uphas the contractor still has jurisdiction, cont po96141e claim regarding the utility hold-ups. Motion passed by unanimous consent. G-9b Request for Additional Compensation Councilmen Ackerly asked if Administration recommended extension* Public Works Director Kornelis replied no.# thhyn are considering withdrawal but they have not done it - we *eked for design proposal, there were 2 projects- Ws have . 2 engineers estimates. They have combined businesses and have 1 inspector. S- Spruce people *re not OcesnTech. I* v� l J tl .. n KENAI CITY COUNCIL SEPT. 39 1986 Page 13 are not closing it out. Councilman Wise asked why Council just received it and it was dated July 9. Mr. Kornells explained, he -thought they were going to withdraw the request, but they never got back to him. So he•brought it to Council. ADDED ITEMt Councilman Wise noted where the curb ends on Se Spruce, it appears the rest of the road is going to erode. Public Works Director Kornelis said he has noticed it and it Is a concern. There is a catch basin on the hill, it is on the plane. We will probably have to put ceas pool rock there. G-9b (contd): Councilman Ackerly asked, when will S. Strawberry Rd. be ready for bid? Mr. Kornelis replied, 1-1/2 weeks. Councilman Ackerly noted, the main road on Kensitze Ct. is 40 ft. wide, that was not in the design. Council took no action. G-10 Disc. - Shore Fishery Lease - Jewel Machen Atty. Rogers said he does not know if hie memo reached Me. Machen, but that does not change this. There is other Into rest in the lease. Council has renewed leases in the past, but within the term of the lease. Councilwoman Monfor asked if someone was leasing this. Answer - yes. PUBLIC COMMENT: a. Randy Cannady. There is a letter submitted to the City. His family has fished there for 8 years. The portion next to his original lease has never been leased. He has permits and gear and is currently fishing the site. Atty. Rogers explained, his recommendation is to go up for competitive bid. The Cennady's were not in contract with the City. Councilwoman Monfor asked how many outside note he had. Mr. Cannady replied, 2 beach nets. He has spent his life fishing there. What determined ownership with the State was grandfather rights and fishing there 4 years. When he acquired his site from the State he had fished 4 periods in the previous year. He asked that it not be put out for open bid. Councilwoman Nonfat asked Mr. Cannady if he sub -leased the altos when Ms. Machen had them. Answer - no. Councilwoman Nonfat asked Mr. Cannady if he knew she had not re -leased. Mr.'Connedy replied yes, he come the day after the time was out. He was not notified till this.Spring. Councilwoman Nonfat said the City should be in line with the State on shore fishery leases. Whoever has a permit has to have a shore fishery lease in the exact some name. City Manager Brighton noted every 9 years City owned and leased land to re -appraised and the peopit must pay that amount. This is a valuable piece of property and the City.has never received the value. This.wsa leased to Me. Methane it Ms. Meehan wants it beak, there is a competitive method to lease. We should 00 out to bid and get the beet,bid for the City. Councilwoman Monfor noted �rou can get ashore lease from the State foe $60 to i100, aura is $40. We know " the potential income of leases. NOW ors you going to eveluato the value of s shore fishery? Mre Brighton replied, the some way you determine real eststs. The one who comes in with the most advantageous offer is the one we take. Councilwoman Nonfat said there is disoriminstlon if you rent from the State for a small 4. --- ter-; VENAI CITY COUNCIL l' - 4EPT. 39 1986 Page 14 ; amount, but a large amount from the City. Mr. Brighton `_.. repliedg the lease ie voluntary. Mr. Connady asked if ,. grandfather rights were taken into consideration. Atty. t Rogers replied no. Councilman Wise said when the tidelands were added to the City by the Steteg the looses that existed were honored at the current rate. They have been extended as long as the lessee continued to renew$ at $40. They will continue to extend if they E . keep current. In this situation they did not keep current. They were given every opportunity. They failed to do so and it is lost. Mr. Cannedy seidv in losses not taken out by the City, it wee let comet lot "° aerved. Atty. Rogers replied, shore fishery lessee a were only leases currently under lease for renewal. -- - --- Council decided to renew in 10 years while the lease was still current. Councilwoman Monfor noted if they . 3, do not have s Cook Inlet set net permit for the east-; _ side they cea have the land but cannot fish. Mr. Cannedy asked if going out to bid is City law. Atty. Rogers rep!.iedp it is up.to Council. Councilwoman Monfor asked Mr. Cannedy if he has paid the leasing fee every year.. Answer - yes. Councilwoman Monfor asked d. with the understanding it was current? Mr. Cannedy +: repliedg it was paid to a man in Kodiak. Councilwoman. Monfor noted one permit is for 3 note, he fishes Z. Mr. Cannedy explained, Ms. Meehan sold the permit to the man in Kodiak. Councilwoman Monfor said when the State deeded over tidelands to the Cityq they did not - :. ' envision the City going out to bid. Councilwoman :a Bailie asked if Mr. Cannedy had contacted Admin. Aset. Gerstlauer to lease this. Answer - yes. Councilwoman Bailie askedt if this goes out to bide does he have a right to meet high bid? Answer - no. City Manager �. Brighton said these lands are very valuable. Title is �.. in the City. From a City and a taxpayer viewpoint, we are subsidizing valuable property. Councilwoman Monfor noted the taxpayers are subsidizing property used 6 months per year. We do not do anything for them. Councilmen Wise noted by State policy set net permits; must be the same name as shorn fishery. He asked if we can determine the status of our shore fisheries and if "== we are in compliance with the State. b. Ruby Coyle, Barabara Or.g Kenai. They were beech fishermen from 1949 ti 1956. You had a lease from the -- ----- . -- ' State. When the City got the tidelandsq people on the beach loosed fish sit3s. Their permit is tied to the ; _ fish site. Those people have been fishing there ever M since there has been a shore fishery. You cannot ix charge one more than another. You could charge a penalty and not put it out to bid. When this let the so State - =? started, the City was told to put up same leases. Councilman Hell sold on lend loosest if we have property available, if someone comes in to lease we do not o out to competitive bid. If another one comes in# then it goes to Council. It has been on a jet -come, lot -served basis. Atty. Rogers noted there Brighton ere 7 people interested now. City Manager saido there is no specific pricer it depends on an appraisal. Atty. Rogers added, at fair market value. Councilwoman Monfor asked how it would be appraised. -. City Manager Brighton replied the appraisers uee their Vice Mayor Measles said the Cannedy.°_ - own judgement. permit specifies this site# toots cannot be another issued. If another gets the site# neither can fermit ish. Mr. Brighton asked# how did he get the permit fi without a lease? Councilwoman Monfor replied, he can sub -lease. Mr. Csnnady said he got the original permit ` • by tote point system. f KENAI CITY COUNCIL SEPT. 3t 1966 ® Page 15 c. Waldo Coyle, Barsbare Or.# Kenai. He fished 1949 on the beech. Originally anybody that set on the beach and got there let got it for the season. When the State started, in order to get stability, they decided to lease shore sites because no one has exclusive rights to fish. They belong to all the people. You earned the right by fishing a certain number of years. The lease came along with the shore lease. if you do this you will go back to what it was when :here was violence. It is only useful for setting net. MOTION$ Councilwoman Nonfat moved, seconded by Councilwoman Bsilis, to go ahead and lease the site to Cannady's at the going State rate of $60 for 2 eitea, $120 for 3 sites. VOTE (Passed)$ Yost Bailiep Hallo Measles, Monfor Not Wise, Ackerly Me REPORTS k-1 City Manager City Manager Brighton spoke. a. He will defer to Airport Manager Ernst regarding the airport situation. b. Councilwoman Bailie asked if Council could add to the work session agenda (Sept. 9, 1966) - Redetermination of leased lands - Classification Study Council agreed to the request. H-2 Attorney Atty. Rogers spoke. s. He referred to the memo in the packet regarding mandatory water hook ups (item H-2). b. He referred to the memo in the packet regarding Runway Lounge insuranoe/rent reduction. This will be on the Sept. 17 Council agenda. He would ask that action be retroactive to Sept. 3. a. He referred to the memo in the peok@t regarding C. Gintoli - automated flight service station/insurance requirements. Nr. Ointoli sold his insurance expired Aug. 31. He will keep doing the work till Council tells him otherwise. He requested discussing this at the Sept. 17 meeting. Council agreed to the request. H-3. Mayor None H-4 City Clark Clark Whelan spoke. a. b. She reminded the Council of the work session Sept. 9. �r;= Councilwoman Bailie asked if the appointment to the Beautification Committee has been made. Clark Whelan replied, the Mayor is aware of the vace+ncy. r ■e. -_- _ - ----- - --- -- . _ P� KENAI CITY COUNCIL SEPT. 39 1986 i1,age 16 c* Councilwoman Bailie asked about the Secretary for commissions and committees. Clerk Whalen repliedp they are working on it. Atty. Rogers explained he is working on the contract. H-5 Finance Director Finance Director Brown noted the memo in packet regarding the classification plan (item H-5). He asked Council to review it. He will not be at the Sept. 9 work seseion, but will have a representative there. H-6 Planning A Zoning None H-7 Harbor Commission None H-B Recreation Commission None H-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD s. Ozzie Oeborneg Kenai. Regarding the shore fishery Jesse just approved. He is not sure this was right. it is a new lease, there are procedures the City should go through. We are setting a precedent with a set price instead of appraised price. We cannot do this with lands. b. Councilman Ackerly. He asked that an ordinance be prepared to submit to the voters at the next election regarding reconsideration of the APOC requirements. c. Councilman Ackerly. Will we be removing all the asphalt on Airport Way? Public Works Director Kornelis replied no, we will be overlaying the old. d. Councilman Ackerly. He suggested a letter be sent thanking the Elko Ciub for their donation to the Reo Center. e. Councilman Ackerly. The sophomore class at the high school has asked to use a City building between Sept. 9 and Sept. 20 to prepare their float for Homecoming. He noted the warm storage building was not cleaned up lest year. He will personally guarantee it this year. City None or Brighton replied, there will be a building available. 'f. Councilwoman Bailie. She asked for an up -date on the Won Is park at the airport. Public Works Director Kornslie repliedy the contract requires contour work$ no landecoping. It will be according to Ce Ointoli's •pplane Carmen Ointoli reported, the contractor will not bs able to do contouring without logs. Mr. Kornelis explained# there will not be any logs* It will bs shaped for logs in the future. ADaOURNMENTs Molting. adjourned at 1105 PM., 3anet Whelan .City Clerk M DATE CW Cam r. '3 - -, -1 AM Sr AL n�