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HomeMy WebLinkAbout1986-09-17 Council MinutesP .0 AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 17, 1986 - 7:00 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. Be PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Ron Garzini, City Manager, Seward - School Bond Issue 2. Representative, Federal Express - Lease of Airport Terminal C. PUBLIC HEARINGS 1. Ordinance Facility and STransfer 9-86 c$324#622.41reasing /Witting Within Port Facilities Fund a. Res. 86-88 - Boat Facility - Award Construction Contract 2, Ordinance 1161-86 - Amending Kenai Municipal Cods - Standard Procedures for Commissions/Committees 3. Ordinance 1164-86 - Amending Zoning Nap - Sprucewood Glen S/0 4. Ordinance 1165-86 - Increasing Rev/Appne - Library Grants for Wildwood Correctional Center - $129000 a. Substitute Ord. 1165-86 - $209500 5. Ordinance 1166-66 - Increasing Rev/Appne - Roe Center - Donation from Elks Club - $500 6. Roe, 86-67 - Change "Street Name - Sunrise to Watergate, VIP S/D D. MINUTES 1. *Regular Meeting, Sept. 39 1986 E. CORRESPONDENCE 1, USA Coalition, United Seafood Americapixation - Limiting Foreign Fishing A Processing in U.S. ;store 2. wSen. Murkowski - Fisheries Issues F. OLD BUSINESS 1. Airport Bar - Insurance, Rent Reduction 2, C. Gintoli, Architect - Insurance G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2, Requisitions Exceeding $19000 3. *Ordinance 1167-86 - Amending Zoning Map - Parsons Homestead 4. Ordinance 1168-66 - Increasing Rev/Appne - Purchase Railroad Ties for Airport Triangle Park - 58,5O0 a. Public Hearing, Ord. 1168-86 b. Approval of 2 PO'e - Airport Triangle Park S. Confirm Election Judges - Oct. 7, 1986 Election 6, Old Town Committee Report 7, H.A.S. Project - Const. Unlimited a. Change Order #5 - $49151.81 b. Change Order #6 - $1O096O.74 8. Approval - Change Order #1 - Robin, Kensitze, Eagle Rock - Doyle Const. 9. Approval - Kenai Cie - Inspection 6 Survey - Wm. Nelson Engr. 10. Disc. - Replace Old Street Lights H. REPORTS 1. City Manager 2, City Attorney 3. Mayor 4, City Clerk 5, Finance Director 6. Planning & Zoning 7. Harbor Commission 8, Recreation Commission 9, Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) AD30URNNENT f-,.. J�•. � .. ... fit' -` -- � 41 _. ..�� . � _- - ... � .. _ .. _. 'I•' t[cyp .. rJ 1 � .!� i. � , � .. ._ .. - _ _"`;SIC 21' KENAI CITY COUNCILS REGULAR MEETINGS MINUTES SEPT. 17p 1966t 7$00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Absents Jose Hall, Ray Measlesq Chris Monfort John Wiser Tom Wagoner, Tom Ackerlyf Sally Bailie None A-1 Agenda Approval s. Mayor Wagoner asked that item G-6 (Old Town Committee Report) be deleted. b. Mayor Wagoner asked that Airport Safety Zone/Tie Downs/Taxiway Inspection/Surveying/Teetingg distributed this date) be added as item G-11. as Mayor Wagoner asked that Flight Service Station, distributed this dater be added as item G-12. d. Mayor Wagoner noted substitute Ord. 1159 (item C-1) and substitute Roe. 86-99 (item C-is) were distributed this date. Agenda was approved by unanimous consent. A-2 Consent Agenda MOTION$ Councilman Measles movedg seconded by Councilmen Ackerlyt to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD 6-1 Ron Garzini, City Manager, Seward - School Bond Issue Mr.Garzini introduced Roger Sampeong priicipal of Seward Elementary, Roger Sampson# Box 1546, Seward. There to a bond issue on the Oct. 7 ballot for an elementary school in Seward. It is prototype, the some as others in the Peninsula. It is a $00 student capacity, it will most the needs of the students. The estimated cost - $8f9409000 - Is better than they have seen. They have a 430 student capacity now and have not started the impact on Seward. They have spoken to Many groups recently. The Peninsula is in a conservative $node. Regarding the question, what will it do to taxes. They can only estimate. The beet information theyy have from the Borough and the State Is that State relmbursament will be 70%o That is less then 1 mill. On a $100#000 homer it wok3d be $9 per year. Some people feel we have overbuilt M. schools with more than basic needs, that they did not have sufficient information. They are also questioning the 705 figure. No feel* this is a reasonable figure. They are in a serious overcrowded position. They have supported schools in the Borough for 10 years without receiving anyo if they.do not get this, they will have to go to portables. He asked that people give them the opportunity to answer .r n. 't 41 41 71 nlT KENAI CITY COUNCIL SEPT. 17, 1966 Page 2 questions before making decisions. They know they have an uphill battle. The citizens of Kenai and Soldotna may make ur break this. Mr. Garzini explained# the mill rate for the City of Seward is 39 it is the 2nd lowest, next to Kenai. Even though Seward was designated the jail site lest year# he said no to the school then because it wee not definite.There are still people who feel Seward may not get the jail. People will get kicked out of jails in the Statess by court order the State must build the jail. The minimum employment to open the facility is 1869 307 total jobs. It will be a $45 Million facilitye there will be a 25% increase in employed people in Seward. The school district bases its figures on number of employed people. The average salary in Seward is lows less then $1#500 per month. The average salary for a jail person is $2,100 per month. These people have career jobs# so they can get mortgages, credit, etc. They are going from 100 over capacity to 300 ovbr capacity# not including any other growth - the marine industrial canter# Seward fisheries# coal terminals Diamond Shamrock. Alaska Statutes say schools are a State functions we need legislators in a frontal role to meet the basic formula for school debt. B-2 Representatives Federal Express - Lease of Airport Terminal Brian Bell# Federal Express. He asked Council to reconsider their vote on space at the terminal. They ere a profitable operations they are 7th largest airline in the United States. He distributed material for review. Mayor Wagoner explaineds at the time they expanded the airport# Council made a policy decision that there would be no over-the-counter service for freight. It would be outside the terminal. There were a tremendous number of commuter airlines. Council received pressure from FAA to provide service# they had to set this policy. Mr. Bell explained# they consider what they handle urgent express# not freight. The majority of items would be small - courier envelopes or overnight box. Mayor Wagoner asked# what is the maximum allowable size? Mr. Bell replied# 150 lbe.. Kenai would be up to 70 lbs.# no restricted articles. They plan to bring In their own aircraft# but will use local at this time. They would like to use the vacant space in the terminal# they will hire local people. They are in 3uneau and Fairbanks now# they plan to be in airports throughout Alaska. They plan to link Alaska with the rest of the United States. The people working there are airline people, well-dreseed and professional. Councilmen Aekerly suggested Council could change policy. The other airlines do this. If we have a policy# we are not following it. Mr, gall explained, the majority of the freight will be picked up by courier, the counter would be convenient. Mayor Wagoner noted SouthCentral has a freight terminal, anything of any site goes there. Councilwoman Bailie noted there is a freight facility next to the airport. She asked it they had explored this. Mr. Bell replied yes but for visibility and oonvenioncep this would be better. They are not handling large parcels. He added, most other airlines do this now in the terminal. KENAI CITY COUNCIL SEPT. 17, 1986 Page 3 Council agreed to have a resolution for the Oct. 1 meeting. Councilwoman Manfor noted ae long ae they handled small Items, there would be no problem. it would become a problem If they started to handle large items. Mr. Bell replied, at this time they would be using local eirlines, they would have to remain within their restrictions. When they get their own airline, they will have to move. Councilmen Measles said when they made the policy decision, that was the main reason for building the terminal. We should stop the others from dealing with large items. Councilman Ackerly suggested, if we needed the extra space for additional airlinea, they would get priority. Mr. Bell agreed. Mayor Wagoner noted this wee a problem in the peat, they wanted to take an area already in use. FAA hoe said we have to accommodate everybody. Mr. Bell explained, they are a 121 Operator, a major airline. DHL is not, they are freight forwarders. Federal Express hoe its own airline. Councilman Measles noted Flying Tigers is a major airline but they use the freight terminal. Mr. Bell explained, they only transport large materiel- C. PUBLIC HEARING C-1 Ord. 1159-86 - Increas. Rev/Appns - Boating Facility & Transfer $324,622.41 Within Port Facilities Fund a. Res. 86-88 - Boat Facility - Award Constri:etion Contract MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. MOTION, Amendment: Councilman Ackerly moved, seconded by Councilwoman Bailie# to amend the motion with substitute Ord. 1159-86 with proper numbers. VOTE, Amendment: Motion passed by unanimous consent. There wee no public comment. VOTEt Mein Motion as Amended: Motion passed unanimously by roll call vote. C-1a Rae. 66-88 - Boat Facility - Award Construction Contract MOTIONt Councilmen Ackerly moved# seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. z 4� _i pl -c` KENAI CITY COUNCIL SEPT. 179 1986 Page 4 MOTION, Amendmenti Councilman Wise Moved, seconded by Councilwoman Bailie, to amend the resolution by deleting #S and reduce the amount by $349000. Councilman Wise explained, this Is a summer activity, it is not required, it is subject to vandalism. Councilmen Aokerly replied, even in summer it gets some darkness. It offers some security, it would bo nice in winter for patrolling, it is not blocked off by gates. If we don't do It now# we will not do it. Mayor Wagoner added, there are many periods of time in the dark. If you are off-loading fish, it would be dangerous on the dock without lighting. VOTE, Amendment (Failed): Yes$ Wise Not Hall, Measles, Monfor, Wagoner, Aokerly, Bailie Councilwoman Bailie noted #39 $120,000. Do we need showers? She felt the cost for rest rooms was high. MO1;ON, Amendment: Councilwoman Bailie moved, seconded by Councilman Wiee, to delete #3. Councilmen wise suggested this is going to provide new camping sites for the cannery workers and the problems related to that. There will be infringement on private property. Mayor Wagoner explained, when the fishermen come In on their boater they have been out for a long time. In Seward one of their biggest incomes is the ahowere. We would not have a problem with the campers if they had to pay. Councilman Wise noted it is not in the plane to charge. Mayor Wagoner suggested this be deleted and re -bid separately after review. Engineer Nelson explained, if there was a change order, the contractor would not have to honor this price. Public Works Director Kornelis added# we could not bid separately on this till the job wee complete. Mr. Nelson reviewed the plans. There would be 4 showers# temperate water automatic shut-off. This is included because the major cost is the septic system# the flow of showers does not increase the flow in the septic systems. The rest rooms are prison -type fixtures to minimise vandalism. It may increase campers# this is a Council decision. It would only be approximaEely $20#0009 The doors are self -closing. Public Works Director Kornelim noted the Rarbar Commission met this dater this is their recommendation. Councilwoman Bailie noted we are catering to local fishermen for them to refuel and dump fish. She doubted that they would need showers, they can go home. Theta are private inctviduale that went to build camping facilities. VOTE. Amondment (Failed)$ Yee$ '1444619e0 Wass, Sallie Not Hall# Monforr Wagoner# Aokerly W r- Y KENAI CITY COUNCIL SEPT. 17 v 1906 Page 5 Councilmen Wise asked if the $340000 for lights was for the parking lot. Engineer Nelson replied.Zest it does not serve the dock. There are lights on the dock- This may be usrd for fish haulers. The reason for inclusion is if they are handling fish away from the dock in the dark, it would be 24 hour day. Mayor Wagoner suggested they could put lights on the fork lift. MOTION, Reconsideration, Amendment: Councilman Measles moved, seconded by Councilwoman Bailie, for reconsideration of the lot amendment (item d5)- VOTE, Reconsideration: Motion passed by unanimous consent. VOTE, Amendment (Passed): Yost Holi, Messlee, Wiest Wagoner, Bailie Not Monfort Ackerly C-2 Ord. 1161-86 - Amend. KMC - Standard Procedures for Commissions/Committees MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfort to adopt the ordinance. MOTION, Amendment: Councilman Wise moved, second.1-d by Councilman Ackerly, to amend the ordina"^e, Section b of the Procedures, as requested by the Clerk in memo dated Sept. 16, 1986. VOTE, Amendment: Motion passed by unanimous consent - Councilwoman Beille noted the Landscape Bd- has been added as a separate section of the Code, why wasn't the Council on Aging? There was no public comment* Councilwoman Bailie noted the Landscape Bd- and Council on Aging were discussed at the Sept- 3 meeting. If it is necessary to include each board, then Council on Aging Ethouid be included- Councilman Wise explained, the ord4 identified those established by Cadet Council on Aging Is .got in the Cads. Clerk Whelan added, the Landscape Bde and other'CoMalesions listed in the ordinance are epecified in the Codes the Council on Aging Is not specified.in the Code. If this ordinance passes, it will refer to all Boards Commissions and Committesso whether in the Code or not. Mayor Wagoner suggeoted the Council on Aging could be added ,to the Code after the ordinance is passed. Councilwoman Bailie no;edv.the Counail'on Aging is required to have uC _ KENAI CITY COUNCIL SEPT. 179 1986 Page 6 strict requiree+ents# they should be in the Code. Clerk Whelan suggested passage of this ordinance to clean up the Code, then preparing a separate ordinance relating to Council on Aging. Councilwoman Bailie asked that an ordinance be prepared for the Oct. 17 meeting. She asked that Council come to the meetings of the Council on Aging. They deserve to be a commission. Councilman Ackerly asked if all commissions were advisory. City Manager Brighton replied, PAZ is not, they have Code provisions. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-3 Ord. 1164-86 - Amend. Zoning Map - Sprucewood Glen S/D MOTION: Councilman Ackerly moved, seconded by Councilwoman Bellies to adopt the ordinance. There was no public comment. Councilmen Wise explained, there were negotiations between Mr. Schilling and the reeidents, it was worked out. Motion passed unanimously by roll call vote. C-4 Ord. 1165-66 - Increase Rev/Appns - Library Grants for Wildwood Correctional Center - $129000 se Substitute Ord. 1165-86 - $20#000 MOTIONe Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilman Ackerly, to amend the ordinance with substitute submitted in the packet. VOTE, Amendments Motion passed by unanimous consent. There ass no public comment. Councilwoman Dellis asked, how did they plan to provide services to Wildwood? Librarian DeForeet replied, the Wildwood contract says we will purchase and have books there. Wildwood will provide transportation 4 times per gear. A volunteer goes over 2 times per week at this time. The $20000 grant is for a girl who does inter -library loan In the. library. VOTE, Main Motion me.Amendeds Motion passed., unanimously by roll call vote. ��-=.-�„=-y—;emu �—`-_':���'�=_"--�---. �,._., �.-� .,, •- - z`• m -- � ., � - _., a' �u. n v roo KENAI CITY COUNCIL SEPT. 17 g 1986 Page 7 C-S Ord. 1166-86 - Increase Rev/Appns - Rea Center - Donation from Elko Club - $500 MOTION# Councilman Hall movedq seconded by Councilmen Ackerlys to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Rea. 86-67 - Change Street Name - Sunrise to Watergate, YIP S/D MOTION# Councilmen Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENT: a. Chris Reynoldeq Kenai. She noted at the time of the change to Sunrise notifications were not sent to property owners. There was no objection because nobody knew about it. People said they sent cut petitionep no one has seen them. One day while she was at work the name was changed. There are 6 streets in the Kenai/Soldotne area with the name Sunrise. According to the Borough, the street is legally Watergate, they have never changed it because the City did not have e public hearing. Mayor Wagoner explainedq the City had 3 public hearings at Council# 1 at P&Z.. There was a petition. If the Borough has not acted, Administration should check on it. Mrs. Reynolds asked why the people were not notified. Mayor Wagoner replied, all public hearings are advertieed. Mrs. Reynolds asked why we used a name already used 6 times. Mayor Wagoner expleined, it is not in Kenai. He addedq this is the process we always use. Mrs. Reynolde said she never saw the petition. She noted Borough Code sayer new or changed street names shall not duplicate names in the Borough and shall be adopted by the Borough. b. Don Asses Kenai. He subdivided the property. Mr. Malone named the streets after shipeg waters fiehg etc. He came to P&Z and Council regarding this. It is still listed at the Borough as Watergate. He still owns land on Watergate. as 3ohn St. 3ohnt Kenai. He lives on the street. When he came to Council lest summer regarding road Improvements# he said he lived on Sunrise. The City Manager did not know where that was. He caked that it be returned to Watergate. Motion passed by unanimous consent. __--�'�#►�__t _ .._ _� _ _... : KENAI CITY COUNCIL SEPT. 179 1966 Page 8 0, MINUTES D-1 Regular Meeting, Sept. 39 1986 Approved by Consent Agende. E. CORRESPONDENCE E-1 USA Coalition, United Seafood Americanisation - Limiting Foreign Fishing A Processing in U.S. platers Councilmen Ackerly asked if the Mayor could write a letter of oupport. Council agreed to the request. E-2 Son. Murkowski - Fisheries Issues Approved by Consent Agenda. F. OLD BUSINESS F-1 Airport Bar - Insurance, Rent Reduction Sandy Daniels, Box 42859 Kenai. She distributed material to the Council. Councilman Ackerly noted, if the City reduces her losses all the others will ask too. Renee Daniels, Kenai. Everyone else in the airport is paying :1.73. She is asking $2.20, well above the others. Councilwoman Monfor noted with the rent reduction it is etiAl $600 more than the nearest bid. This is a time of economic distrees, we should help them as much as possible. Each situation has to be weighed on its own merits. Councilman Measles said he had no problem reducing the rent because it was on a bid basis, rather than appraisal. It was a short term leases it expires in August. It Is not the some as the other counter space in the airport. MOTIONt Councilman Measles moved, seconded b Councilwoman Bailie, to approve the request to reduce to 2.24 sq. ft. for the 10 month period to 3une 1967. Mayor Magoner noted Council should review the memo distributed 3 months ago regarding redetermination. If this posses, it Is a bad precedent. VOTE (Poseed)t Yes, Hall, Measles# Monfor, Bailie Not Vise, Wagoner, Ackerly F-2 C. Ointoli, Architect - Insurance Carmen 0intoli, Kenai. He disagreed with Atty. Rogers' memo, page 29 lost sentence, "The Message Ia oAesr, given the inoreased number of claims there has been a resultant increase in architect/onginaer insurance premiums," Mr, dintoli disagreed with this. His premium is put in a reserve socount. If they are losing money on architects, n r- KENAI CITY COUNCIL SEPT. 179 1986 Page 9 they will not sell him $25,000, The minimum would be $1009000, They would not insure if they were losing money - Regarding the question of insurance going up, he thought they so$id last year it would not. Atty. Rogers explained, it has not been assessed this year. Mr. Gintoli said the Borough has reduced insurance requirements on its projects over i1 Million. They feel they are doubly insured. Anything he can be sued for, so can the city. HEA and Federal contractors do not require insurance. He just wanted to inform Council that he could not cover insurance. He will still pursue State and Borough contracts that are larger. Councilman Ackerly asked, what is the contract amount? Mr. Gintoli replied, it is reduced from $1 Million to $5009000. Councilman Ackerly asked if he had considered bonding. Mr. Gintoli replied, he doesn't know if bonding is available. Councilman Hall asked, if we have a different engineer and inspector, does the insurance and when the builder ends and the design begins? Atty. Rogers replied, the courts construe insurance contracts of adhesion, they normally find in favor of coverage. They could sue the city, engineer and architect. The architect would be held to a lesser standard than the city. Then the city could go against the architect/engineer. The court would hold the insurance would have to pay if the engineer/architect was liable. Councilman Hall asked, even if the contractor work had run out? Atty. Rogers replied, there is usually a time limit. He added, this is a Council policy decision. There is no State requirement for insurance regarding this. Councilman Ackerly asked, if the building fails, could the city go back to the architect? Atty. Rogers replied, it could, but we could be warranting plans to contract. When we accept, we warrant. Mr. Gintoli explained, if he has insurance 'this year but does not 2 years from now, the city does not have coverage. Insurance has to be in effect when the claim is made. Bill Nelson, Engineer, Kenai. Regarding the question if the city has an architect and he has insurance nt the time, completes his work and the city hires another architect to Inspect, if the let architect drops his insurance, the city has no recourse against him. The new architect is only liable for errors he makes in inspection. MOTION$ Councilman Ackerly moved that the City continue with Carmen Gintoli as inspector on the Flight Service Station, without Insurance* Atty. Rogers suggested Mr. Gintoli state there are no defects. Mr. Gintoli replied, "Not to my knowledge." MOTION, Corrected$ Councilman Ackerly moved, seconded by Councilwoman Bailie, that per Attye Rogers' memo of Sept. 39 19969 the City delete the malpractice insurance. k KENAI CITY COUNCIL. SEPT. 17, 1986 Page 10 Public Works Director Kornelie said when Mr. Gintoll came to him asking to lower insurenoev he had a request from other engineers. At the present time we have a proposal for a float plane basin. We have $1 Million coverage required. Should we leave that ae is? Mayor Wagoner replied, that subject is not before tae Council. Motion passed by unanimous consent. G. NEW BUSINESS G-1 Bills to be Paids Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilman Hell, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 MOTIONS Councilman Hall movedo seconded by Councilman Wise, to approve the requisitions as submitted. Public Works Director Kornelie explainedt the let 2 items on the list are discussed under item G-4b. They should be deleted for an appropriating ordinance. Also, regarding the HEA bill, he distributed material this date explaining this. Councilman Ackerly asked if the railroad ties have accelerated in price. Mr. Kornelis replied, that Is maximum cost, $4.50 hundred cut, $6.50 each. Councilman Ackerly asked if they were new. Answer - no. Councilwoman Monfor said she had thought we would get them in Palmer from Alaska Railroad. She had a problem buying these when we could buy them in Alaska. Councilwoman Beilie explained# with the railroad ties in the State there would have been a lose. quality wee doubtful, these are treated and sold as landscape. There is an option from a company in Sterlingg their product is not treated. Mr. Gintoli felt it would not hamper the project if they were not treated. They hoped to finish by this Fall. 300 man hours have been donated. It will take 2 weeks to ship. The freight from Anchorage to Kenai may be deleted, if it was for Roteriene. $4,500 is freight to Kenai. Mr. Kornelie added, these are called poet tlee, they ere used by landscape gardeners outeide. Councilman Wise asked Administration to explain the easier service to Woodcock residence. Public Works Director Kornelis explained, during the H.A.S. projecto the sewer service line was left off. A man came in and asked it to be put in Council said yes. This is the cost. It is in the water table, the work has not been done yet. MOTION Amendments Councilwoman Bailis moved# ascended by Councilman Ackerly, to omit the lot 2 items from the list. 11 KENAI CITY COUNCIL SEPT. 179 1966 Page 11 VOTED Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. G-3 Ord. 1167-86 - Amend. Zoning Map - Persona Homestead Approved by Consent Agenda. G-4 Ord. 1168-86 - Incress. Rev/Appne - Purchase Railroad Ties for Airport Triangle Park - $89500 a. Public Nearing, Ord. 1168-86 b. Approval of 2 PO's - Airport Triangle Park MOTION: Councilman Ackerly moved, seconded by Councilman Meaelee, to introduce the ordinance. Motion passed by unanimous consent. MOTION, 2nd Readings Councilwoman Bailie moved, seconded by Councilwoman Monfort to have 2nd reading of the ordinance this date. Motion passed by unanimous consent. MOTION, Adopts Councilwoman Sallie moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. Councilman Ackerly asked, what was the difference between $8,500 and the local rough out. Councilwoman Monfor replied, $300 with the $6 ones. Councilman Ackerly asked$ what Is the Sterling cost? Architect Gintoli explainedq he suggested 6x6 Spruce, untreated, $i.10 lineal ft.s 8 ft.long. That Is last year's coat. He noted he has used them on his house and they hold up dirt. Motion passed unanimously by roll call vote. G-4b PO's for Airport Triangle Park MOTIONS Councilwoman Bailie moved# seconded by Councilwomen Monfort to approve the ties and freight. Motion panned by unanimous consent. .i . e ,A :r5�gt _N r— KENAI CITY COUNCIL SEPT. 179 1986 Page 12 G-5 Confirm Election Judges - Oct. 79 1986 Election Clerk Whelan read memo distributed this dote# listing judges and salaries. MOTIONt Councilman Ackerly moved, seconded by Councilman Hall, to approve the judges as submitted. Motion passed by unanimous consent. G-7 H.A.S. Project - Const. Unlimited a. Change Order #5 - $49151.81 b. Change Order #6 - $10,960.74 Mayor Wagoner noted Info items #6 and #16 relate to this subject. G-7a Change Order #5 MOTION: Councilman Ackerly movadq seconded by Councilmen Hall, to adopt Change Order 0. Councilwoman Bailie noted #19 #4, #59 do #6. Are we relocating boxes to another location? Should they pay? Should we be reimbursed for thew wires, service key box, and valve box riser? Public Works Director Kornelis replied, we should be. He explained# at the beginning of the project, Engineer Nelson spoke to the post office and got locations for the boxes. It was verbal. Last year they said they were in the wrong place, we had to move them. They are where they went them now. He said he could bill for these items, but we have no proof they are the guilty party. Council agreed he should attempt to bill. Motion passed by unanimous consent. G-7b Change Order #6 MOTIONS Councilman Hall moved$ seconded by Councilwoman Sailieg to approve Change Order #6. Councilwoman Bailie aekedq what are the materials? Public Works Director Kornelis repliedo our contract says if we have a design that requires certain materials and we change, we are obligated to purchase these materiels. This is 46 ft. of 16 in. culverts ?, vanes fire hydrant parts# man hole sections# pipes gate valvesq insulation and freight for this. We can use these things. Motion passed by unanimous consent. G-9 Approval - Kenaitze Ct. - Inspection 6 Survey - NO* Nelson Engr. off- y KENAI CITY COUNCIL SEPT. 179 1986 Page 13 MOTION$ Councilmen Ackerly moved, seconded by Councilwoman Bailie, to approve the change order. Motion passed by unanimous consent. G-10 Disc. - Replace Old Street Lights Councilmen Ackerly noted every light in Inlet Woods is out. Councilman Measles added, all the lights at Sears were shot out with a BB or pellet gun. Also Woodland lights. Mayor Wagoner explained, this goes back to a discussion with Frank Arbelovsky, City Electric. Lights were ordered and not used. He thought we had agreed to use them for Airport Way. Public Works Director Kornelis referred to the material In the packet. He explained, the lights cannot be used anywhere also without modifications. GE will not take them back unless we pay 50% of cost plus shipping. City Electric has sent the City a bill for finance charges and other charges. If City Electric had ordered what we asked for, we would have no problem. There were no exceptions. GE can rovide what we specified, but it would be an additional kerly deferred to Atty. Rogers. He did 9850. Councilmen Ac not went Lo pay another $8,000. Mayor Wagoner noted we will have more then $89000 tied up in legal costs. Mr. Kornelis eaid, he is asking for Council reinforcement of his letter. He noted Airport Way lights are different. Councilmen Hell asked, if we buy this for $509000 we will spend $8,000 to fix. If they do not install, will it be lose then :50,000? Mr. Kornelis said City Electric said we had paid them, now they say we have not. They are asking for $519000 to deliver. Our bid is for them to be fully operable. Mayor Wagoner said labor would be deducted, but most is in the fixture. There wee a breakdown of cost and labor at the meeting with Mr. Arbelovsky. He added, City Electric cannot put them on HEA poles. Mr. Kornelis said they can, HEA will maintain them. NOTIONS Councilmen Hall moved, seconded by Councilwoman Monfort to spend $6,850 to upgrade the light fixtures. Mayor Wagoner said they are not ours to maintain till we buy them from City Electric. He suggested offering City Electric a settlement. Councilman Hall asked, if we go out for a labor bid, will they charge more? Mr. Kornelie replied yes. MOTION, Addition$ Councilman Hall moved, with consent of second, to offer to buy $89500 in parts end Administration negotiate with them to install the lights. Councilwoman Monfor asked, where will we put them, and could we sell them? Mr. Kornelis replied the lights in Moodlend, Redoubt Terrace and other places will not be repaired. i— KENAI CITY COUNCIL SEPT. 179 1906 Page 14 Mayor Wagoner suggested Administration, HEA and City Electric come up with something solid for a proposal at the Oct. 1 meeting. Councilman Ackerly said when we pa; additional money, we say we are wrong. NOTION, Withdraw: Councilmen Hall, with consent of second, withdrew his motion. Council agreed to Mayor Wagoner 'a suggestion. G-11 Airport Safety Zone/Tie Downe/Taxiway Inspection/ Surveying/Testing MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to adopt the motion as recommended in Public Works Director Kornelis' memo dated Sept. 17, 1986. Motion passed by unanimous consent. G-12 Flight Service Station Public Works Director Kornelis explained, normally Public Works would handle this without going to Council. Our specs require certain products but allow substitute equal or better. When this was awarded, a contractor came to Council and said we could not. But this floor substitute is equal or better. He wanted Council to review this because of the statements of the other contractor. Councilman Meselae said there may be a problem with the other contractor. Architect Gintoll referred to the lest page, 2.U1-Be We had tight specs using Floating Floors. Anyone who could meet this would be acceptable. Mr. Kornelis added, the contractor had said TA3 can only install steel floors. This is a different company with aluminum floor. Council took no action. H. REPORTS H-1 City Manager City Manager Brighton spoke. a. He distributed a research report on fiscal condition of U.S. cities. b. He will not be at the Oct. 1 meeting, he will be attending the International City Management Meeting. oe Councilwoman Monfor asked if he had any information on the new grocery store. Mr, Brighton replied, they came to P&Z with request for additional spaoee That ie all he knows. d. Councilwoman Nonfor asked if Administration was working with the Chamber of Commerce and talking with Carr'e regarding the Nall situation. Mr. Brighton replied, KENAI CITY COUNCIL SEPT. 179 1966 Page 15 they did not go to Anchorage. Mayor Wagoner added, some of the Chamber Board told them it was none of their business regarding private enterprise. Councilwoman Monfor noted anything we can do in the economic downturn is good for the City. Mr. Brighton noted 2 gentlemen came down from Carr's to see property the City may have for development. They said they had to do something to save the fell. Interplay with the Mall owners has them stymied. Mayor Wagoner addedy the Chamber did not want to get in the middle of this. e. Councilwoman Bailie asked if FAA had approved the test site for a camper park. Mr. Brighton replied not yet. Councilwoman Bailie noted the men is very interested in a camper park facility. He wants Marathon as an alternate. Mr. Brighton said Dept. of Agriculture has Indicated they want to continues he did not know how long. If we use the site, we will have to kick them off. Councilwomen Beilis asked if they had done anything. Mr. Brighton repliedq Parke Dept* had participated with labor on the site. Mayor Wagoner said we should find out how much City labor we furnished and bill them. He said he would write them a letter. Council agreed to the suggestion. H-2 Attorney's Report Atty. Rogers spoke. a. He referred to the collections report in the packet. b. He referred to the golf course report in the packet. He finds there has been compliance. Council could waive further compliance or reserve the City right to enforce what has not been completed. He had Legal Aest. Sutcliffe do the research because of Atty. Rogers' involvement. He is asking for Council guidance. Mr. Morgan would like the $10,000 bond beck. MOTIONt Councilman Ackerly moved, seconded by Councilwomen 8ailiet based on Page 3t loot paragraph of Atty. Rogers' nemo dated Sept. 17p 1986t we return i10,000 bond with the stipulation it be completed sc:ording to lease. Atty. Rogers asked if a written letter that he will complete be sufficient. Council agreed. Motion passed by unanimous consent. c. Atty. Rogers will be at Municipal Law Officers meeting and will miss the Oct. 15 meeting. No one will cover for him. The reason Is the diminished budget and Atty. Cueek has declined to do it. d. Councilwoman Bailie noted we have the ability to make signs and suggested we put signs up on Tinker directing to the golf course. This is the only municipal golf course in Alaska, i ... - eit . KENAI CITY COUNCIL SEPT. 170 1966 Page 16 as (contd) Councilwoman Bailie said we should have legal counsel at all meetings. We have a legal east@ that han passed the bar. He can give opinions in writings he could give verbal opinions. Every attempt should be made to have legal counsel. Atty. Rogers said he has tried not to miss meetings. Regarding another attorney sitting in# there are few that have the expertise. Those that do are litigating with the City or would decline for other reasons. The legal seat. has a job description that does not cover thisg he has expressed a desire not to. He to needed in the office and is entitled to comp time when he comes to meetings. Covering Council meetings by a substitute was not provided for prior to his taking office. He started this. If Council orders him to have counsel here, he will talk to Mr. Sutcliffe. He clears action with Atty. Rogers now. Councilwoman Bailie said we will have 2 new Council people and a new Mayor. This is one time we meet as a bodyg this is where we make decisions. We need representation of our attorney in case the need arises. Regarding comp time, every employee does not go to work after Council meetings? City Manager Brighton replied, they will take times but not the next day. Mayor Wagoner noted, it is generally the next day. Mr. Brighton said it has to bs within the some week. Councilwoman Beilie said Nation Callahan did attend when he was legal seat. Was that not in hie job assignment? Atty. Rogers replied he asked him to. Hti felt uncomfortable. He was hesitant to give legal advicep he had not passed the bar. Mayor Wagoner said if Council confirms this, he will do it. Councilwomen Monfor said Oct. 15 meeting will have new people here. It is unfair not to have legal representation. Mayor Wagoner noted the Clerk swears the new people in. Council agreed to have legal representation at the Oct. 15 meeting. e. Councilwoman Bailie noted the memo on Commission/Committee secretary (itam H-2). She has difficulty that it has to be complicated. We contract snow removal without complications. She talked to a secretarial service regarding equipment. They said they could handle it easily without City equipment# just type the minutes and submit. Council voted on this. There is one secretarial service in Kensip 2 in Soldotna. Why does this have to be complicated? Why did we not receive something like this with snow removal? Atty. Rogers replied, he Is not saying we cannot do it (in memos item H-2)p he is cautioning Council. It hoe to do with the nature of the position. Meyor Wagoner said it goes along with legal Asst. Sutcliffe attending without it being in the job description. If a person is assigned duties above his job description. Councilwoman bailie noted this is not an employee of the Cityp it is a secretary to take minutes. It Is no problem to come in and take Minutes of the meetings. Mayor Wagoner suggested there could. be a legal problem. Councilwomen Sallie noted we had 1. r— KENAI CITY COUNCIL SEPT. 171 1986 Page 17 no problem contracting snow removal. There are liabilities with that, more than with a secretary taking minutes of meetings. Councilman Hall noted we are contracting by the hour, it is easy to construe as a laborer. Councilwoman Bailie said we went meetings covered and minutes taken. Councilman Hall suggested we could eey we will pay a certain amount as a lump sum. It would be easier. We are paying someone to work by the hour like employees and calling them a contractor. Councilwoman Monfor noted most job descriptions say additional as assigned. Kelly Girls is the largest in the Nation, they take minutes and get paid without difficulties. She requested that by the time new Council members are on board, we have a secretary or know the reason why. Council agreed to the request. H-3 Mayor Mayor Wagoner said he attended a meeting with Councilman Measles on Sept. 11 regarding the Regional Highway Plan. The Sterling Hwy. is projected to be rebuilt in 19909 the Spur Hwy. in 1991. They propose a Kenai Peninsula Caucus. The objective would be a strong single voice to promote State highway projects. It has no bearing an City prioritiesq it may help the City. H-4 City Clerk Clerk Whelan noted the memo (H-4) in the packet regarding the joint meeting of Legislators Comm/Comm A Council. Council agreed to schedule it after the Nov. elections. H-i Finance Director None H-6 Planning A Zoning None H-7 Harbor Commission None H-8 Recreation Commission None 0-9 Library Commission Library Comm. Chairman Swerner reported Sept. 22-26 In Banned Book Week. The Library COMM. is concerned regarding a secretary. A Member has been taking notes, it is a hindrance to commission members. Other commissions have a City employee doing minutes. She suggested another employee take minutes and take comp time. .It KENAI CITY COUNCIL SEPT. 179 1906 Page 1s I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Sr. Citizen Coord. Porter. The Adult Day Care Program has had a great amount of donations from business people. Sadlere donated good furniture# 4-D Interiors - carpet, Kenai Supply, Kenai Custom Interiorst Hereberger's, Brown's Electric, Dorothy Lee went around and got donations. The Senior Citizens will be having a play in Sept. & Oct. b. Public Works Director Kornelie noted info i13 regarding RFP for Float Plane Facility c. Public Works Director Kornelie noted Info i9 regarding OceenTech request for payment. He has denied it. Council agreed with the action. d. Councilman Arkerly asked when the City will start Kenaitze Ct, Public Works Director Kornelis replied, In a couple of weeks. It will only take 1-2 days. e. Councilmen 4ckerly noted his parents celebrated their 46 wedding anniversary this date. Mayor Wagoner noted he will celebrate his 44th birthday Sept. 19. f. Councilwoman Bailie noted the Employee Classification Study Committee will meet Sept. 23. ADJOURNMENT: r Meeting ad�journed at 1000 PM. Janot Whelan City Clerk APPROVED By COUNCIL DATE C,TV CI.E tK A