HomeMy WebLinkAbout1985-09-04 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MLETING
SEPT. 49 1985, 700 P,4
600 PM - Work Session
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 unlesa a Council
member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders,
B. PERSONS PRESENT SCHEDULED TO BE HEARD
(Time Limit - 10 minutes per person)
C. PUBLIC HEARINGS
1. Ord, 1063-85 - Amend, KMC - Appeals to Board of
Adjustment by Filing Written Notice with Filing Fee
2, Ord, 1076-85 - Amend. KMC - Abandoned Property in
Taxis
3, Ord, 1000-85 - Increas, Rev/Appns - Road & Fire Hydrant
Repairs - $1009000
of Subst. Ord. 1080-85
4, Ord, 1004-65 - Increas. Rev/Appns - Walker Ext. -
$3,081,36 (Request Defeat)
5, Ord, 1085-05 - Increas. Rev/Appne - Senior Citizens -
$1,135
6, Res. 85-86 - Repeal Res. 85-69 and Acceptance of State
grant for $2,300,000
7. Res. 85-87 - Tranef. of Funds - Walker Ext. - $1,775
8. Res. 85-88 - Declaring Material Surplus
9. Res. 85-89 - Awarding Bid - 50 HP Portable Steamer
10, Res, 85-90 - Awarding Rid - Marathon Rd. Relocation
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D.
MINUTES
1.
Reg. Meeting, Aug. 21, 1985
E.
CORRESPONDENCE
1.
Alaska DEC - Application for Wastewater Permit -
Selamatof Seafoods
2.
*Coop. Extension Service, Walter Thum - Report on Plant
Test -Demonstration
F.
OLD
BUSINESS
G.
NEW
BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Requisitions Exceeding $1,000
3.
*Ord. 1086-85 - Increas. Rev/Appns - Part Time
Employee, Police Dept. - $9,428
4.
*Ord. 1087-85 - Increas. Rev/Appns - Airport Master
Plan Update - $759000
5.
Change Order 01 - H.A.S. Project - Construction
Unlimited - $17,000
6.
Change Order 02 - Airport Main Apron Ext. do Willow St.
Ext. - Kodiak Contractors - ($2,896.97)
7.
Approval - Marathon Rd. Survey and Inspection - $6,150
S.
Vacation - 10 ft. Utility Easement - Gemini Pk SID
9.
Lease Appl. - Raven Transit - Concession Area
10.
FAA Proposal for Moving Antenna Farm
H.
REPORTS
1.
City Manager
2.
City Attorney
3.
Mayor
4.
City Clerk
5.
Finance Director
6.
Planning 6 Zoning
7.
Harbor Commission
8.
Recreation Commission
9.
Library Commission
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
(Time Limit - 5 minutes per person)
ADJOURNMENT
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KENAI CITY COUNCIL, REGULAR MEETING, MINUTES
SEPT. 49 1985 - 7=00 P14
KENAI CITY HALL
MAYOR TOM WAGONER PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Presents Jess Hall, Ray Measles, Chris Monfor, Tom Wagoner,
Sally Bailie
Absents John Wise, Tom Ackerly (both arrived late)
A-1 Agenda Approval
a. Mayor Wagoner asked that item B-1, Highbush-Bumblebee
Road Work, be added.
b. Mayor Wagoner asked that item C-8 be deleted.
c. Mayor Wagoner noted that an amended Res. 85-90 was
distributed this date.
Council approved the agenda as amended.
A-2 Consent Agenda
MOTION:
Councilman Measles moved, seconded by Councilwoman Bailie,
to approve the Consent Agenda.
Motion passed by unanimous consent.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
B-1 Highbush, Bumblebee Road Work
PUBLIC COMMENTS
a. Irvin Crane, 1510 Bumblebee, Kenai. The people in this
area have been disappointed with the road work.
The City did not talk to anyone before they started.
COUNCILMAN ACKERLY ARRIVED AT THIS TIME (707 PM)
Mr. Crane noted the plans had been changed.
Bumblebee will have 12 in. of gravel and will have
ditches they don't need. They cut down the east end of
Bumblebee so the top of the road will be 2 ft, below
those lots. At his house it will be 3 ft. or more
lower than the late. The people in the neighborhood
never wanted ditches. He told the City engineer all
they needed was 2-3 loads of gravel on Bumblebee and
Highbush. They would have saved a lot of monoy. The
water drains off now.
COUNCILMAN WISE ARRIVED AT THIS TIME (7s10 PM)
Mr. Crane noted the Spring and Summer rains don't faze
Ito it is all send. The people asked Council to
reconsider and put the roads the way they used to be.
b. Darby Howell, Corner of Highbush 6 Bumblebea, Kenai.
Some of the ditches run 6 ft. deep. Most of that
country is very level. The highest point in the area
is Adak end Highbush. They want to put 3-4 ft. ditches
to run wator down there. The existing elevation at the
highest level is 86.5, going down to Swires it is 869 6
in. lower. You need a 6 to 1 grade in this type of
sand. In one week that ditch will be partially filled.
They are calling for 3% grade, you cannot get that.
The neighbor's lawn will slough down. They were told
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KENAI CITY COUNCIL
SEPT. 4, 1985
Page 2
the City would bring up the streets 5-6 in. and
up -grade the tops. The ditches were not mentioned.
They were only asked to designate their driveways. The
City wanted to cut down his concrete driveway. They
have gullies on each side and still have storm drains.
Ditches are not needed when there are storm drains. He
suggested ditches no deeper than 1 ft. from the crown.
There is not enough from the edge of the crown to the
property line to get 2 ft, line. The ditches will have
to be raised. Councilman Wise asked if he had Been the
plane when they went out to bid. Mr. Howell replied he
saw the lot set. Councilman Wise noted they had been
changed since then, Mr. Howell said Engineer LaShot had
sent him to the contractor. The contractor had said he
did not know anything. The gas line should not have
been changed. They have cut the power line 3 times in
one evening. They also cut the gas line and the phone
line. He has been notified of one water shut-off and
one gas shut-off. They tore one man's water turn-off.
c, Lavern Wahl, Owner of the property at Bumblebee and
Highbush. Before the City water 6 sewer went in, he
had a high water table that he could have the coos pool
pumped and it would fill again without being used. They
should caiae the grade of the road. They have cut the
roads and ditches deeper, Mayor Wagoner asked if he
was notified before the job started that there would be
public meetings. Mr. Wahl replied, only on the
driveway. Public Works Director Kornelis explained,
this project has been on the books for a long time,
Originally there were very few water do sewer lines
there. The drawings were up for review, Mr. Howell has
seen them, Councilwoman Bailie noted one road appears
to be 100 ft. wide. What is the reason for that? Some
of the road was cut into people's yards, that is not
City policy. Public Works Director Kornelis replied,
none of the streets are that wide. The right of way is
100 ft, wide, There will be ditches there, The road
will not be that wide. One of the big problems is when
the contractor does excavating everyone thinks the road
is 100 ft. wide. It will be like Candlelight and
Linwood. In the past Council has asked contractors to
finish the project and then see if there is a problem.
There was a bad design to start with, but that has been
rectified. He naked for time to let the contractor do
11V14,Vk Ilia job.
Qo c� d. , Alisk, Kenai. The road hss had good
drainage. They need 5 ft. down to the ditch and a 9
ft. elope. They have come back 50 ft. and taken
everything down. A lot of her yard is gone. That is
on City right of way. Two blocks east of Highbush the
ditches will be 6-7 ft. deep. What will that do to
cars and children? After the road was cut in on Kaknu,
the houses were set up high. They would be happy with
a little ditch and road work. Recently one of the
poles slid out of the dirt and caught fire to a tree.
Their road will be cut down 2 ft., they cannot get
their motorhome out.
s. BaLLy Glick, 1601 E. Aliak, Kenai. There is no longer
a review committee of Council to see if this is in the
boat interest of the City. There may have been a
meeting when this was let proposed, but there have been
several designs since then. The majority of homeowners
have used the right of way. It should have been a
matter of courtesy to notify the people of the final
design. Rig ditches are fine if they are necessary,
but they have storm sewers. You don't seed both. They
have had their culverts put in 3 times, they have been
damaged by the City. If the original design was so
KENAI CITY COUNCIL
SEPT. 41 1985
Page 3
great, why did they change it? She objects to trees
being taken out for no reason. All of the citizens
petitioned the City to vacate the excess, the
rocommendatioro of P,9miniatration was no, Now they have
100 ft. right of way. There needs to be coordination
and courtesy of the City regarding concerns of the
taxpayero. City Manager Brighton had said he would
meet with Public Works Director Kornelis and Engineer
LaShot, hoo he done this? What did they decide? Mr.
Brighton replied he spoke with Mr. LaShot and Bill
Nelson. He noted, to delay the project would be a
travesty if it woo not done before freeze-up. He
suggested completing the project and then sitting down
with the people to find out if their worst fears are
realized. Then the City could fix it up with each
person. The only specific problem at this time is the
ditches. Mrs. Glick noted everybody was getting
different unaware from the City. One of the neighbors
was told the main power poles would be left as
islands.
f. Nina Foglis, 1511 E. Alisk, Kenai. She objected to
shelving and waiting. She has trees they wanted to
take out, she wQnts them left. She stopped them from
taking these. It has boon a real mess. There was a
place near her house where a large hole was left there
over a week end.
g. Irvin Crane, Kenai. He suggested, rather than shut the
project down, the contractor could put water .i sewer
down Highbush while they worked this out. John
Herring, Con$truction Unlimited, Contractor, said he
has a schedule with the City. Mr. Crane explained,
that way the project enuld keep going. He asked if
there was a limit on the amount of money spent. Mayor
Wagoner explained, they not a price when they submitted
a proposal, that is their limit.
h. Bill Nelson, Wm. Nelson 6 Assoc., Project Engineer.
There has been a lot of misunderstanding of thin
project. His firm was not the original designer. They
pointed out to the City there were deficiencies that
would cause problems and recommended changes. They
modified the design, but did not change it. The lot
thing they noticed was the excess ditch depths. Some
were 6 ft. deep. Many utilities would have to be
relocated. If the roads were paved, there would be
lakes at every low spot. They recommended one low spot
with a storm drain. There will be no ditch over 2-1/2
ft. From the road surface to the ditch there will not
be 6 ft. There will be ice do snow in the ditches till
the City clears the culverts. That is why it is 2-1/2
ft. A 1 ft, ditch will bring snow higher than the
street during break-up. Thin io an engineered draining
system. All water will be carried to a large swale
between Highbush G Linwood. The storm drain will drain
into this. Regarding the wide right of way, they gave
instructions to the contractor to clear all that is
required and to save the trees if possible. But the
utilities have to put lines on the right of way. They
are now where they should be. All servicsb gave to be
run to the property line. Regarding the power poles
being iolsnda, it was juut a misunderstanding. The
original plan woo to put atub poles because of the
ditches. The contractor agreed to put a culvert with
back fill. They will not be islando. Regarding the
mono - it will be cleaned up. Mayor Wagoner asked,
will the drop in grade on Bumblobeo off the main road
be permanent? Mr. Nelson replied, there will be a
grade starting at the eaut end of Bumblebee to the wont
end. It will be a smooth tranoition at the
intersect ion. Councilman Mesuloa asked, what woo the
reason that, all the streets wore not at a lower lovol7
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KENAI CITY COUNCIL
- 501. 4, 1955
Pa9o4
Mr. Nelson replied, to handle drainage. The acceptable
minimum in still higher than what they have. Mrs. Pace
asked, none of the roado will be lose than 2 ft.? Mr.
Nelson replied, the maximum is 4 ft. Mrs. Pace said he
said the ditcheo would not be deeper than 2-1/2 ft. If
the road is; lower than 2 ft., it will be 4-1/2 ft. to
the bottom of the ditch. The awale io a running creek.
If she had not called about the fire hydrant, they
would have put it in front of her house.
i. Bev Wahl, Kenai. When they lot bought their house on
the corner of Highbush and Humbleboe, the road wan
level with the property. When they put in water do
sewer, they had a problem because the ditch filled in.
Why do they keep going lower and lower and it fills
with water? The water table came up and they had a
difficult time putting in a line. Mr. Nelson
explained, a sower line Lo no comparison to a ditch.
It will be draining down.
�. W.A. Zimmerman, Kenai. They have a 2 ft. drop at
Highbush and Bumblebee. There will he a large ditch,
will there be a level grade between the 2 roads? Mr.
Nelson replied yes, it will be 314 crown, this is
standard. Mayor Wagoner noted he went through the same
fears lest year on Thompson Pk., but they are happy
now. Councilman Wiae ssked, when will he be done? Mr.
Herring replied, it should be 1-1/2 woeke to grade with
gravel on it.
Council agreed to let the contractor get the streets to
grade to see what it will be like and diecusa at the Sept.
19 meeting.
C. PUBLIC HEARINGS
C-1 Ord. 1063-95 - Amend. KMC - Appeals to Board of Adjustment
by Filing Written Notice with Filing Fee
MOTION=
Councilmen Measles moved, socondod by Councilman Ackerly, to
adopt the ordinance.
There was no public comment.
Atty. Rogers requested failure of the ordinance. He
explained, this io a procedure that io not applicable to
other appeals. They should be uniform for all appeals.
We do not have that many appeals in the City. Mayor
Wagoner said we have had 3 in recent yours, there should not
be a hindrance to the appeal.
Motion failed unanimously by roll call vote.
C-2 Ord. 1076-95 - Amend. KMC - Abandoned Property in Taxis
MOTIONS
Ceuneilman Hall moved, seconded by Councilman Measles, to
adopt the ordinance.
There wan no public comment.
Atty. Rogers roquoatod failure of the ordinance. He
diotributod a momn thin doto explaining why failure of this
ordination and continuance of Ord. 1054-b5 (Deregulation of
Taxis) are donirablo. He added, Chief Roan has raid there
io no ronoon for Ord. 1076-85.
Motion failed unanimously by roll call vote.
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KENAI CITY COUNCIL
SEPT. 49 1905
Page 5
C-3 Ord. 1080-85 - Increas. Rev/Appns - Road & Fire Hydrant
Repairs - $1000000
a. Subst. Ord. 1080-85
MOTION:
Councilman Wise moved, seconded by Councilwoman Monfor, to
adopt the ordinance.
MOTION, Amendments
Councilman Wise moved, seconded by Councilwoman Bailie, to
amend the ordinance with substitute Ord. 1080-65.
VOTE, Amendments
Motion passed by unanimous consent.
There was no public comment.
Councilman Wise explained the reason for the ordinance is
the City has roads on the Capital Improvement List. Some
may be funded for next year. in the meantime some are
suffering from break-up. If it will cost us to bring the
roads through break-up, oven though we will reconstruct them
next year, it is worth it.
Motion passed unanimously by roll call vote.
C-4 Ord. 1004-05 - Increas. Rev/Appns - Walker Ext. - $3,081.36
(Request Defeat)
MOTION:
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the ordinance.
There was no public comment.
Motion failed unanimously by roll call vote.
C-5 Ord. 1085-85 - Increas. Rev/Appns - Senior Citizens - $19135
MOT10Ns
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
C-6 Res. 85-86 - Repeal Res. 85-69 and Acceptance of State Grant
for $2,300,000
MOTION:
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
Councilman Wise suggested, with the Governor coming
9-6-85, this could be postponed.
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KENAI CITY COUNCIL
SEPT. 4, 1985
Page 6
MOTION, Tables
Councilman Wise moved, seconded by Councilman Hall, to table
the resolution.
VOTE, Table (Passed):
Yess Hell, Measles, Monfort Wise, Wagoner, Bailie
Nos Ackerly
C-7 Res. 85-87 - Transf. of Funds - Walker Ext. - $19775
MOTIONs
Councilman Hall moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
Motion passed unanimously by roll call vote.
C-9 Res. 85-89 - Awarding Bid - 50 HP Portable Steamer
MOTIONS
Councilman Measles moved, seconded by Councilwoman Bailie,
to adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-10 Res. 85-90 - Awarding Bid - Marathon Rd. Relocation
MOTION$
Councilman Measles moved, seconded by Councilwoman Bailie,
to adopt the resolution.
There was no public comment.
Councilman Wise asked, how much will the project cost us?
Is it still in budget? finance Director Brown replied,
there will be more costs but it will still be in budget.
They will not use contingency.
Motion passed by unanimous consent.
u. MINUTES
D-1 Regular Meeting, Aug. 219 1985
MOTIONS
Councilman Hall moved, seconded by Councilwoman Bailie, to
approve the minutes as submitted.
Motion passed by unanimous consent.
E. CORRESPONDENCE
E-1 Alaska DEC - Application for Wastewater Permit - Salametof
Seafoods
MOTION:
Councilman Wise moved, seconded by Councilwoman Monfort to
send a letter of non -objection.
Motion passed by unanimous consent,
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KENAI CITY COUNCIL
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SEPT. 4, 1985
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Page 7 `
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E-1 Coop. Extension Service, Walter Them - Report on Plant Test -
Demonstration
Approved by Consent Agenda.
f. OLD BUSINESS
"
None
G. NEW BUSINESS
G-1 Bills to be Paid, Bills to be Ratified
MOTION:
,
Councilman Measles moved, seconded by Councilwoman Bailie,
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to approve the bills as submitted.
Motion passed by unanimous consent.
G-2 Requisitions Exceeding $1,000
MOTION:
Councilman Measles moved, seconded by Councilwoman Bailie, ��
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to approve the requisitions as submitted.
Notion passed by unanimous consent.
0-3 Ord. 1086-85 - Incress, Rev/Appns - Part Time Employee,
F
Police Dept. - $9,428 i
G-4 Ord. 1087-85 - Increas. Rev/Appns - Airport Master Plan
Update - $759000
Approved by Consent Agenda.
G-5 Change Order 41 - H.A.S. Project - Construction Unlimited -
;°
$179000
+
MOTION:
Councilman Measles moved, seconded by Councilman Hall, to !
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approve the change order.
Motion passed by unanimous consent.
0-6 Change Order #2-Airport Main Apron Ext, 6 Willow St. Ext.-
Kodiak Contractors - ($29896.97)
MOTION:
Councilman Measles moved, seconded by Councilwoman Bailie,
to approve the change order.
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Motion passed by unanimous consent.
G-7 Approval - Marathon Rd. Survey & Inspection - $6,150
a
MOTION:
Councilman Measles moved, seconded by Councilman Ackerly, to
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approve the proposal.
Councilman Wise objected to this award. This is the lot
time we have used s surveyor as project manager. If we use
the $2.5 Million State money for roada, the majority of the
work is OceanTech. Public Works Director Kornelis
KENAI CITY COUNCIL
SFP1. 4, 1965
Page B
explained, they requested OceanTech give the proposal
because they did the design work. It is a small project and
they are knowledgeable. They could go out to proposals, but
it will delay the work. Councilman Ackerly agreed with
Councilman Wise, but to move the project he will vote for
it. He would not want it done in the future.
City Manager
Brighton explained it was not the intent of Administration
to deviate. It was just to get it done this year. They
have leased the property the road is on. Councilman Wise
oted it is an RFP, it could be back in one week.
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noted it Hall "Bid it is a small project and M. Tourisinen
has done work for us in the past. Councilwoman Monfor noted
we should not have leased the land till this was done.
VOTE (Passed):
Yeas Hall, Measles, Wagoner, Ackerly, Bailie
Nos Monfort Wise
G-8 Vacation - 10 ft. Utility Easement - Gemini Pk. S/0
NOTION:
Councilman erse mnondobjectiondr$gby arding ithe man Monfort to
vacation*
send a lett
Notion passed by unanimous consent.
G-9 Lease Appl. - Raven Transit - Concession Area
NOTIONS
seconded
by Councilman Measles, to
Councilman Wise moved,s
approve the lease application.
Notion passed by unanimous consent.
G-10 FAA Proposal for Moving Antenna Farm
Mayor Wagoner said this will be on the Mayor's Report.
Council agreed to postpone discussion till that time.
p. REPORTS
H-1 City Manager
CityManager Brighton reported he has received and accepted
� gSept, 1985
appointed Al Ivanoff as Acting . He has
Walt Winston s resignation as ofire159
H-2 Attorney
Atty. Rogers spoke.
a. He asked Council to review t e memo regarding the taxi �
ordinances distributed t hisl b. e.
He asked Council to review Info 0141regarding
nsurance insurance
rates arc
and 015 regarding airport leases.
i continuing t4 rise. We are not
lasseaerr�ngemento
as the State. They have long of the
for bonding rates reasons. He will send a copy
Walters A Olson letter to Council. He recommended we
do not acquiesce and change. ending litigation
c, Councilman Ackerly asked about the p 9 t
with the Borough regardinegsBrepgiedhthey,ha8a+oraI i
service area. Atty. Rog injunctive relief to keep it
arguments in a request for
off the ballot-
KENAI CITY COUNCIL
SEPT. 4, 1985
Page 9
H-3 Mayor
Mayor Wagoner spoke.
a, Info #179 Memo from Brown Const. regarding test samples
for airport apron project. He has had calls from
people regarding this. He asked Public Works Director
Kornelis to have samples run by independent people.
Airport Manager Ernst reported the gradation tests came
out okay. The fracture count is borderline but can
deviate from one engineer to another. McLane will
write a letter to that effect. City Manager Brighton
said it was taken from the site. Mayor Wagoner asked
that copies of the letter be sent to Council. Atty.
Rogers noted objective tests meet the criteria,
subjective tests were marginal but were still within
limits.
b, Regarding the FAA meeting with Atty. Rogers, City
Manager Brighton and the Mayor. Mr. Cunningham and Mr.
Kiel were there from FAA. They had a good
understanding as to what processes the City was to go
through. FAA does not want to spend their money on
moving the antennae, the City does not want to use
their money. There was a meeting with Sen. Murkowski,
Mayor Wagoner, City Manager Brighton, Councilman Wise
and Councilman Measles. Kr. Kiel, FAA, was there. The
discussion regarding relocation of the antennas, FAA
requested the City take the initial step and send
proposals to Mr. Cunningham (FAA) of what they will do
and what they will spend. Mayor Wagoner thinks some
money can be allocated. There was also a discussion
regarding Council concerns on handling of airport
lands and the lateness of FAA response. Mayor Wagoner
told Sen. Murkowski it was best to get FAA out of the
lands, but 2nd best was to get FAA to cooperate. City
Manager Brighton added he wrote a letter to FAA
regarding the length of time between lease and
purchase. He told them Council would have a work
session. Councilman Measles noted Mr. Kiel indicated
he was not aware of the letter from FAA to the City.
c. The City had 2 Sandpiper Lanes and changed one. Mayor
Wagoner has received a call from an individual asking
why hers was changed and not the other. City Manager
Brighton was asked to handle this.
d. There will be a joint lunch with the Chamber of
Commerce and Council on 9-5-85 to discuss the Community
Center funding and the Governor's visit to the City.
e. Governor Sheffield will meet 9-6-85 at 3:00 PM in the
Chambers with Council.
f. Councilman Wine asked if there had peen a reply from
the Borough regarding the dumping of wastes in the City
landfill. Public Works Director Kornelis reported,
he received a phone call from S. Bombard, KPB, saying
they had 5,000 gallons of uil for CiLy streets.
The pumping supplier had 10,000 gallons. Mr.
Kornelis called DEC and they said it was all right. A
clause at the bottom of the agreement said to contact
EPA. Mr. Kornelis called them and they said they
disagreed with DEC. They would not accept more than 5
parts per million of lead, Mr. Kornelis had 28. He
turned down the offer. City Manager Brighton noted the
Borough is stuck with 10,000 gallons of oil they have
to get rid of. Last year they said the City could not
oil the streets this year. Councilman Ackerly
suggested the City file a complaint with EPA regarding
the oil in the land fill. City Manager Brighton
explained the 10,000 gallons is the remainder, it does
not include the oil in the land fill. Councilman Wise
KENAI CITY COUNCIL.
--- SEPT. 4, 1985
Page 10
asked what Borough Mayor Thompson said about dumping
waste oil in the land fill after hours. Mayor Wagoner
replied the Mayor didn't think there was much to it.
They had found a trace in the dump. Councilman Wise
suggested Adminstration draft a resolution for Council
indicating a lack of confidence in the Kenai Borough
Administration to handle solid waste, and particularly
oil.
Council agreed to the suggestion.
MOTIONS
- Councilman Ackerly moved, seconded by Councilwoman Bailie,
to direct the City to file a complaint to EPA regarding
dumping of oil wastes in the sanitary land fill.
VOTE:
Motion passed unanimously by roll call vote.
- H-4 Clerk
Clerk Whelan reported the Borough had submitted the judges
-- - and chairman for the Oct. 1 election.
MOTION:
Councilman Wise moved, seconded by Counctlwoman Monfor, to
approve the judges as submitted.
Motion passed by unanimous consent.
H-5 Finance Director
Councilman Wise asked, when did the Borough charge their policy
regarding not advancing real property tax to the City?
Finance Director Brown replied,this year. They had hoped to
gat to the point where they can get their new computer on
line and get it to the City faster. He noted, they do not
have to. Councilman Wise said policy has been established.
I' If they are going to reverse policy, they should notify the
p
Ei municipalities. City Manager Brighton noted they are
hanging an to it longer and depriving the cities of
interest. Finance Director Brown explained, in July they
paid 1/2 of the total. 1/2 of the taxes are due in August,
L--
1/2 in Oct. They don't pay anything till they close the
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books. He should have 1/2 by Sept. 15. By Nov. 15 he
should have the other half. He added, the total budget is
$250,000. What is more important is to get them to pay
sales tax promptly. Councilman Wise asked, if they do not
advance, what seaurances does the City have regarding
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interest? Mr. Brown said he would check. Councilman
Ackerly noted, when a business pays promptly on sales tax,
they get a reduction. Is that off City or Borough? Mr.
Brown replied, 60% is City, 40% is Borough. 50% of our 60%
is charged against us. City Manager Brighton noted the
'o.
serious problem is the Borough's inability to collect
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delinquent sales tax owed to the City. There are
:
substantial numbers that are owed to the City that the
Borough is making no effort to collect.
H-6 Planning 6 toning
None
H-7 Harbor Commission
None
KENAI CITY COUNCIL
SEPT. 4, 1985
Page 11
H-B Recreation Commission
None
H-9 Library Commission
Library Commission Chairman Swarner reported they picked out
the interior colors for the addition.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
So Carmen Giiitoli, Architect. He distributed a letter
regarding insurance rates on his business. He
explained he had just received the rates. He added to
the letter that he will reimburse the City at the end
of the year. Mayor Wagoner explained, this has been
forwarded to the City's insurance carrier and should
not be discussed till this is answered. This is a
change in the contract. City Manager Brighton explained
Mr. Gintoli did not want a reply this date, but a
chance to explain the problem. Mr. Gintoli added, he
would like an indication if the City would share the
cost on a reimbursable basis. The City would increase
the dollar amount of his contract to help share the
premium. By his asking for reimbureement, the City
still has $1 Million coverage. All architects are
having the same problem. He will send a request to HEA
and the State al^o. Ile received the $979000 figure 3
days before expiration. He asked for $500,000
coverage, which is in violation of contract. He asked
the City to review his poet history and whether they
need this much insurance. There are only 3 companies
that write this insurance in the State now. He has not
had a claim against his work. Councilwoman Bailie
asked if the Code says we have to have $1 Million.
Atty. Rogers replied no, it is in the contract. He
noted we could lower the amount or get a high
deductible and just catastrophic. He added, the amount
of the p*ojcct does not have a correlation to the size
of the suit. City Manager Briqhton asked if the City
has ever collected on any insurance they have required?
Public Works Director Kornelis replied, no. They have
&aid they would and the claim has been paid.
Councilman Ackerly suggested approaching the
Legislature through Municipal League to get the State
to find solutions.
b. Councilwoman Monfor. She asked that Administration
look into the the place on the Spur Hwy. Mayor
Wagoner replied Building Inspector Hackney has taken
care of that. Councilwoman Monfor noted the Art Guild
sign by the Chamber also.
c. Councilwoman Monfor asked if the Landscaping Board is
intact. Answer, yes. Councilwoman Monfor noted
Swenors took everything out and it was not reviewed.
Councilman Wise said they have to come in with a
buildinq permit, that woo done. Councilwoman Monfor
noted it is the some with the new motel. Councilman
Hall said if they are on leased land they have to
conform to the lease. If they own the land they can do
what they want.
d. Councilwoman Monfor said when the townhouses were built
on Spur Hwy, there was to be a buffer zone, nothing was
done.
e. Councilwoman Monfor said there is a substantial lien
against the bowling alley. Does this mean he will not
do anything?
d. (contd) Mayor Wagoner said Mr. Lowry said in work
sessions he would leave trees. There is a rumor he is
building a large mall in front. He owns the land.
Councilwoman Monfor naked if the lease requirements
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° KENAI CITY COUNCIL
SEPT. 4, 1985
-_- Page 12
are negated by the purchase. Atty. Rogers said he M
check.
e. (contd) Atty, Rogers said he would report on the
bowling alley at the next meeting.
f. Councilwoman Bailie noted the Prison Committee will
meeting 9-12-85. Dept. of Corrections Commissioner
Endell will be there.
g. Councilwoman Bailie said the 4th Street park has na
restroom facilities. Mayor Wagoner suggested if it
i will be a large party using it, they should reserve
- -- advance and the City could have ports -potties.
ADJOURNMENT:
Meeting adjourned at 1000 PM.
Janet Whelan
City Clerk
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KENAI Ci1Y COUNCIL
sar. 4, 1985
PARTIAL TRANSLATION
C-10 Res. 85-90 - Awarding Bid - Marathon Rd. Relocation
MOTION:
, 9 ,
Councilmen Measles moved, seconded by Councilwoman Bailie,
to adopt the resolution.
i
There was no public comment.
Councilman Wise asked, how much will the project cost us?
Is it still in budget? Finance Director Brown replied,
there will be more costs but it will still be in budget.
They will not use contingency.
Motion passed by unanimous consent.
Janet Whelan
City Clerk
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