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HomeMy WebLinkAbout1986-12-03 Council MinutesA. B. C. D. E. F. I AGENDA KENAI CITY COUNCIL - REGULAR MEETING a^ DEQENER •3, 1986 - 7 t 00 PM PLEDGE OF ALLEGIANCE ROLL CALL y 4 ' 1. Agenda APproval ' 2.- Consent Agenda *All items listed with an asterisk M 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. ; . •..... PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Ron Dolchok - City Exercising Option to Re -Acquire - ;{ Gas Facilities from Enstar 2. Sandra Daniels - Insurance for Runway Lounge �. PUBLIC HEARINGS 1. Ord. 1171-86 - Amending Kenai Municipal code Off -Road Vehicles (Requested Postponement ttil 2. Dec. 17 meeting) Res. 86-110 - Confirm Assessment Roll Aliak/McCollum 3. Res. 86-112 - Transf. of Funds - Additional View/Lilac - $9,000 - - Inspection - Cook inlet as Request for Funds - M. Tauriainen - Cook Inlet View/Lilac MINUTES 1. *Regular Meeting, Nov. S, 1986 2. *Regular Meeting, Nov. 19, 1906 CORRESPONDENCE OLD BUSINESS a. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified -_ 2. Requisitions Exceeding $10,000 - 3. *Ord. 1177-86 - Increasing Rev/Appns - Senior _ Citizen Van - ;20,000 4. *Ord. 1178-86 - 8500 Exemption - City Purchases.: from Council Members S. Change Order - Zubeck Inc. - Airport Way Widening and Landscaping Vf - 6. Assignment - Peninsula Savings & Loan to lot a Federal Bank of Alaska . H. REPORTS _ 1. City Manager -- .---.- 2. Attorney - 3. Mayor n, 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD AS Min.) ADJOURNMENT it .. .. C*. O '`5 :* c. • r 0 4 U `E 1 KENAI CITY COUNCIL, MINUTES DECEMBER 3, 1966, 7:00 PM KENAI CITY HALL VICE MAYOR RAY MEASLES PRESIDING FLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ray Measles, Chris Monfor, John wise, Tom Ackerly, Sally Bailie, Art McComsey Absents John Williams (excused) A-1 Agenda Approval a. Vice Mayor Measles noted 2 additional papers have been distributed this date for item C-2 (Res. 86-110). b. Vice Mayor Measles said the minutes for the Nov. 19 Council meeting have been distributed this date (item D-2). a. Vice Mayor Measles asked that item 0-6 (Assignment - Peninsula Savings & Loan to 1st Federal Bank of Alaska) be deleted from the agenda. d. Councilwoman Bailie requested H-REPORTS be moved up to the beginning of the agenda. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to change the agen4i to place Section H (REPORTS) after Section C (PUBLIC HEARINGS). Motion passed by unanimous consent. A-2 Consent Agenda MOTION: Councilwoman Bailie moved, seconded by Councilman Ackerly, to appr4nve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD 9-1 Ron Dolchok - City Exercising Option to Re -Acquire Facilities from Enstar Mr. Dolchok was not Present. B-2 Sandra Daniels - Insurance For Runway Lounge No. Daniels was not present. C. PUBLIC HEARINGS C-1 Ord. 1171-86 - Amending KMC - Off -Road Vehicles MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to adopt the ordinance. KENAI CITY COUNCIL DECEMBER 3, 1986 Page 2 ' MOTION, Postponement: n O Councilwoman Bailie moved, seconded by Councilman n; Ackerly, to postpone action on the ordinance till the <2 Dec. 17 meeting. 'n There was no public comment. Y Councilwoman Bailie explained, the Beautification �•. Committee hopes to develop wording that will allow -- —71 minim,= use of 3-wheelers but keep them off the road. Motion passed by unanimous consent. C-2 Res. 86-110 - Confirm Assessment Roll - Aliak/McCollum o MOTION: v.. Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. PUBLIC COMMENT: a. Donald Graham, spur Rd., Kenai. He owns property Tu in the area. He did not know why he is on the assessment roil. He has paid over $6,000 for i .= F water and sewer for his lot. Councilman Ackerly noted it is 8416 to be btu paid over 10 years. Mr. Graham asked, why should he be charged arcittaing? He already paid for this. Vice Mayor Measles asked if he had talked to anyone about this. Answer - no. Vice Mayor Measles explained,71 Council has no information regarding this. It should go to Administration first. Mr. Graham asked, what if they cannot do anything? Vice" y Mayor Measles replied, then he should come to �r Council. Mr. Graham stated he is lodging a protest regarding the payment at this time. Councilman Wise noted the property in question is parcel - #045-110-10, Lot 60, Sect. 34. He added, Mr. Graham has been to Council before regarding assessmentse r; b. Ray Rogers, 808 E. Aliak, Kenai. He presented a letter to the Clerk on Dec. 2 regarding a protest of his assessment. it was his desire to obtain city water a sewer. in Fall 1985, he was approached by Public Works Director Kornelis, _ Engineer LaShot and McLane & Assoc. In lieu of City water 6 sewer, he was told he would get a septic system at no charge. He entered into an oral agreement with the City. it would be a test system. The City would be monitoring the system to determine use in the future. Had he been told =j he would be charged he would not have said yes. His system was working fine at the time. As the area is developed, the sewer system will go down . his street and he will have to join it then. He noted Hillside area in Anchorage wasgiven a septic system. The sewer system was later extended and they were charged 2 assessments. He s has City water but he does not want City sewer. When the area is developed in the .future, he would be assessed 2 times. He. did not know how he got y on the assessment role. The system is on private property, the City will not be maintaining it. Finance Director Brown explained, this was - is discussed when the assessment role was done. In the preliminary assessment, his lots were listed -rN t I i y#'. KWAI CITY COUNCIL - DBCMMER 3! 1986 _ Page 3 for water & sewer. The City decided because of the cost not to run sewer down the street. The cost was 88,500 to install, he received a benefit, there should be a oast. Public Works Director Kornelis explained, there were public hearings. It was discussed at that time that bringing the I line down the road to serve one individual would cost $60,000 to $100,000 because there would be a lift station. Because of the swamp in the area,". i the City anticipated little development. It was E always the intent of the City that the individual getting free septic system would be part of the LID. This is special because of the high water '. table. If he was assessed 25% of $8,500, it would ` _ be $2,125. The sewer assessment is $2,766. it is " very close to what it would be if we had run a ��.. sewer line. He does have water & a septic system. ' it should be part of the LID. Administration--- ;:z never said it would be free, he said if the City c -' put it in, it would be part of the LID. Councilman Wise said, if Mr. Rogers accepts this, there would not be another assessment. Mr. Rogers =" asked that this be put in writing, if it is in writing and signed, he will agree to it. Atty. Rogers said if Council wants to put it in writing, he will. But that is not to say it may not change. Councilwoman Bailie asked Mr. Rogers if his septic system was giving him trouble. Answer - - no. Councilwoman Bailie asked, why did he put a �. new one in? Mr. Kornelis explained, he was part Y of the petition to run sewer there. He agreed to this at the time. We said we could add as part of the LID. Mr. Rogers said the City agreed to allow him to be part of the system. Finance Director Brown said he did not feel Mr. Rogers should be dropped off the role when he derived a benefit. Also, he is a City employee, people would feel there was an impropriety." MOTION: Councilwoman Monfor moved, seconded by Councilwoman Sallie, that the City write a letter or contract saying at such time as a sewer is brought to Mr. Rogers' lot :' k he will not be assessed, that he go ahead and pay. Mr. Rogers noted the letter is not binding. Atty. Rogers explained, he -said it would be written up. The consideration is he will allow himself to be on the assessment role as stated. VOTE (Passed): Yes: Monfort Wise, Ackerly, Bailie No$ Measles, Mccomsey p a. Dale Bondurant, Kenai. Why is there so much difference between the estimate and the final - assessment? There is a 9% increase. Finance Director Brown explained, the total project did not cost more. When they drew the preliminary assessment, laying of the lines was sketched. They did not put in as many places as they said. The one amount of distribution and less lots. Mr. Bondurant said he thought there should be an objection when people.anticipate one amount and it is not the same. public Works Director Kornelis explained,'when the people Come to the City with a petition a rough estimate is done. The City takes i�M • KENAI CITY COUNCIL DECEMBER 3, 1986 Page 4 the lowest responsible bid. There is no wax to get the exact cost. Mr- Bondurant said the land owner is buying a "pig in a poke." The City asks if the resident wants it at this cost. Vice Mayor Measles explained, there is no way the City can give an Exact cost till it is ccm►Ieted. The figures were given as estimates. The City pays 3 times what the resident pays. He asked Mr. Bondurant, if it had come in under estimate, would he be here? Mr. Bondurant replied, that is not the problems if the City says there is no way they can come up with a cost till the project is complete, does that mean they do not believe the bid amount? Vice Mayor Measles noted we have had change orders many times. Mr. Bondurant replied he objects to the fact you cannot give the public a pretty good idea of cost and the contractor can come back saying he made a mistake. The City is allowing the contractor to over -charge. it is not right to say you cannot give a cost till the project is done. vice Mayor Measles said the total engineering is going out to bid, the contractor puts together a bid. At that point, if it was turned down, the City would bear the cost. We cannot wait that long, we cannot go on estimated numbers. Mr. Bondurant replied he did not buy that. Private business does not do that. vice Mayor Measles asked, how would he arrive at an exact cost with only preliminary engineering, not final engineering? Mr. Bondurant replied, he did not know, but when the City says they cannot come up with. a final cost before everybody commits themselves, that is fooling the public. He noted Administration had said it could be 400% increase. Vice Mayor Measles replied if it was 400%# the City would not go ahead with it. Mr. Bondurant noted Vice Mayor Measles had said there are cases where the City would lose money if it was a mistake. But in this case, because it is not 400%, the property owners will pay for it. 25% is what we agreed to. Many people got theirs free. MOTION, Amendments Councilwoman Monfor moved, seconded by Councilwoman Bailie, to amend the resolution per finance Director Brown's memo dated Dec. 2, 1986 regarding changes to 045-050-06 and 045-050-07. Motion passed by unanimous consent. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the resolution per Finance Director Brown's memo dated Dec. 20 1986 regarding changes to 045-090-05. Councilman Wise asked if a report is available for the public that the project cost has been audited and verified. Finance Director Brown replied, they are available for the public but no one has come in to see. Councilman Wise asked if a cover letter was sent that the fl.gures were available. Answer - no - VOTE, Amendments Motion passed by unanimous consent. KENAI CITY COUNCIL DECEM9ER 3, 1986 Page 5 VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-3 Res. 86-112 - Transf. of Funds, Additional Inspection - Cook inlet View/Lilac - 89,000 a. Request for Funds - M. Tauriainen - Cook Inlet View/Lilac MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Ackerly asked Public Works Director Kornelis if he thought this was a fair assessment. Public Works Director Kornelis replied, he did not have knowledge of the figures, but he has gone over this with Mr. Tauriainen. They were design problems, not field problems. Councilman Ackerly asked if they were OceanTech problems, Answer - yes. Councilwoman Bailie asked if we keep out retainage on design engineering. Mr. Kornelis replied no, this was over a long time ago. Councilwoman Bailie suggested we should till the design is implemented. Mr. Kornelis explained, we have drawings from 1977 that are not complete. We could not keep retainage that long. Councilman Ackerly asked if there will be an investigation into OceanTech projects to see if there is legal recourse. It has happened on many projects. Vice Mayor Measles asked if they E&O insurance. Answer - yes. Councilwoman Bailie asked who is responsible for applying for permits that were not applied for? Mr. Kornelis replied, the design engineer. Councilman Ackerly asked if we had the final drawings from the engineer? Mr. Kornelis replied, the as -builds are turned over to the City, we turn them over to the inspector. CounciLtian Ackerly asked if we are current on the other projects. Mr. Kornelis replied, the Juliussen, Ames, Barabara, Basin View, Angler project is not. VOTE: Motion passed unanimously by roll call vote. C-3a Request for Payment MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to approve the request for payment. Motion passed by unanimous consent. Atty. Rogers asked if it was concensus of Council to start proceedings on this metter. Council agreed to include all problem projects and pursue this. H. REPORTS H-1 City Manager None H-2 Attorney KENAI CITY COUNCIL DECEMBER 3, 1986 Page 6 Atty. Rogers spoke regarding the airport property appraisal for the float plane basin. 84,500 was approved, it will be 81,000 more. He will have to deal with the 160 acre parcel. The letter from the appraiser was too late for the packet. He requested tentative approval, the material will be in the packet for the Dec. 17 meeting. He will file Dec- 16- MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, that per the attorney's request, add 81,000 additional to the appraisal fee for condemnation action. v0TE (Passed): Yost Measles, wise, Ackerly, Bailie, McComsey No: Monfor H-3 Mayor None H-4 City Clerk Clerk Whelan distributed the 1986 Milepost magazine ad for the City. Per Council request, she had contacted the Chamber regarding increased promotion for the City. The 1987 ad has been finalized, she suggested Council work with the Chamber for 1988 issue, we could start work next Spring. Council agreed with the request. H-5 Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission Recreation Director Mceillivray noted the minutes Of the last meeting are in the packet. He noted the new secretary had prepared them. Their meeting date has changed. H-9 Library Commission Chairman Swarner spoke. a. The new secretary was at the last meeting and was appreciated. b. A library calendar for December was distributed to Council. They will be publishing this regularly. a. Friday night movies will begin Jan- i- do she invited everybody to the library, open house on Dec. 18:, 1100 to MO. They will honor th6 35 employe4voiunteers. Councilwoman Bailie noted they average 210 people per day, there ware 347 in one day. HOTZON 1 = =7 KENAI CITY COUNCIL DECEMBER 3, 1986 Page 7 Councilman Wise moved, seconded b, Councilwoman Monfort that $100 be made available from Council funds for the volunteers' open house. Motion passed by unanimous consent. G. NEW BUSINESS a-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion passed by unanimous consent. 0-2 Requisitions Exceeding $1,000 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the requisitions as submitted. Councilman Wise asked about the lights on Spur, they are $250 each? Public Works Director Kornelis replied, this is a rough estimate. Motion passed by unanimous consent. 0-3 Ord. 1177-86 - Increas. Rev/Appns, Senior Citizen Van - $20,000 0-4 Ord. 1178-86 - $500 Exemption - City Purchases from Council Members Approved by Consent Agenda. 0-5 Change Order - Zubeck Inc. - Airport Way Widening & Landscaping MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to approve the change order. Motion passed by unanimous consent. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. George Wright, Kula Rentals, Alder St., Kenai. He had distributed a reply to Engineer LaShot's letter on this date. He asked for a response. MOTION. Councilman Wise moved, seconded by Councilwoman Monfort to approve the request for payment. Councilman Ackerly asked why this was postponed from the Nov. 19 meeting. Mr. Wright replied, so he could respond to Engineer LaShotIa letter. Public Works Director Kornelis said he has not had a chance to review the response. He thought Mr. Wright was to respond to Administration. He added, Engineer LaShot feels we should pay the amount of the PO and he felt the.as-built plans are correct. He asked if he could review the letter and report at the Dec. 17 meeting. Mr. Wright said Councilman Wise and Mayor Williams had asked him to bring the response to the meeting. KENAI CITY COUNCIL DECEMBER 3, 1986 Page 8 I Rega3•ding the as -built, the engineer said he had a hard time with it. Mr. Wright's engineer said it was wrong. It is not what is in the ground. There were no locates where it said they were. He put in 60 ft. as he was told to. He was 14 ft. short. Engineer LaShot said to give him more. He completed the job, the water line is 14 ft. short. Vice Mayor Measles said Council has just received the letter. Mayor Williams had asked Mr. Wright to give the reply to Administration. It has not been reviewed. Mr. Wright said the City furnished the footings, they engineered it wrong. Councilman Ackerly asked if he had been paid. Mr. Wright replied, he was not paid for the additional work. He said he would wait for the Dec. 17 meeting. He is not disputing the bid, just the extra work. He had a watchman for 2 days. Councilman wise said Mr. Wright had used as-builts from 15 years ago. Mr. Kornelis replied Mr. Wright had used corrected as-builts. Mr. Wright said they were not correct. He added, the de -watering was inadequate because the as -built was wrong. MOTION, Postpones Councilman Ackerly moved, seconded by Councilman McComsey, to postpone action till the Dec. 17 meeting to hear a report from Administration. VOTE, Postpone: Yes: Measles, Monfor, Ackerly, Bailie, McComsey Not Wise Mr. Wright asked if he could see the City's XCU (underground explosion) insurance. He questioned if the City had any. He was told he had to have it if there was a ryas line. He had to hire a back hoe that had insurance. b. Councilwoman Bailie noted there were several Christmas decorations on Spur that are out. Public Works Director Kornelis explaLned, his crews have been on 15 hour days with snow clearing. They no longer have the equipment to service the decorations. They have to rely on HEA or Air Tech. They cannot use the loader. HEA had to finish the installation. Councilwoman Bailie asked why they had not checked them before installation. Mr. Kornelis replied, they were in a hurry, some poles do not have power and some went out when they were put up. The State has said we cannot use the loader. We may be able to use the new loader with a variance. vice Mayor Measles suggested renting a man -lift. Mr. Kornelis replied, so far HEA has donated their labor, but they will do it when they have time. Council took no action. ADJOURNMENTS Meeting adjourned at 8:40 PM. Janet Whelan City Clerk �ppROV� By WX DATE L z n, e 1