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HomeMy WebLinkAbout1983-09-21 Council MinutesA K C AGENDA KENA1 CITY COUNCIL - REGULAR MEETING SEPTEMBER 21, 1983 - 7t00 PH PLEDGE OF ALLEGIANCE ROLL CALL 1. Agenda Approval PERSONS PRESENT SCHEDULED TO BE HEARD 1. Paul Ross - Speed Limit Signs in Woodland 2. Kathleen Warnke - Fence in Redoubt 3. Grizzley Aircraft - Charges for Water & Sewer when not Hooked Up PUBLIC HEARINGS 1. Ordinance 887-83 - Amending Kenai Municipal Code - Establishing Accounting 6 Budgeting Procedures for Encumbrances 2. Ordinance 888-83 - Increasing Rev/Appns - State Grant, Senior Citizens - $8,069 3. Ordinance 889-83 - Ordinance 889-83 - Increasing Rev/Appns - Airport Terminal Parking - $600,000 a. Substitute 689-83 4. Ordinance 890-83 - Increasing Rev/Appns - Airport Ramp Overlay & Itinerant Parking 5. Resolution 83-126 - Awarding Contract - Airport Ramp Overlay & Itinerant Parking - Harley's Trucking - $413$362.50 6. Resolution 83-127 - Awarding Contract - Airport Terminal Parking Lot - Quality Asphalt - A$3639534.30 7. Resolution 83-128 - Transfer of Funds - New Telephone System 6 2-Way Radio for Gym do Rec Center - $2575 S. Resolution 83-129 - Transfer of Funds - Damage Claims to Contractor - Airport Const. - $4,217 9. Resolution 83-130 - Award of Bid - Station Wagon, Senior Citizens - Peninsula Ford 10. Resolution 83-131 - Accepting FAA Grant - Airport Apron Overlay 11. Resolution 83-132 - Transfer of Funds - 1st, Birch, 4th - Final Pay Estimate - Quality Asphalt 12, Resolution 83-133 - Transfer of Funds - Boat Ramp Testing & Inspection - $30000 L � r b 1 11 13. Resolution 83-134 - Award of Contract - Airport Ramp/Itinerant Parking & Terminal Parking, Engineering Inspection - PDA 14. Resolution 83-135 - Transfer of Funds - Removing Debris on Haller & 2nd - $1,425 D MINUTES 1. Regular Meeting, Sept. 7, 1983 a. Partial Verbatim, Sept. 7, 1983 E. CORRESPONDENCE F. OLD BUSINESS 1. Lease Application - Bielefeld - Airport Lands G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 891-83 - Amending Kenai Municipal Code - Building Permits 6 Final Inspection 4. Ordinance 892-83 - Increasing Rev/Appns - Federal Revenue Sharing - $257,829 5. Ordinance 893-83 - Determination of Tax F orecIG,ed Lands for Sale or Public Use 6. Boat Ramp - Change Order 82 - DelMar 7. Discussion - Parke & Ree Requests 8. Approval - Games of Chance & Skill - Seta Sigme Phi 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 ADJOURNMENT I � l j KENAI CITY COUNCIL, REGULAR MEETING, MINUTES SEPTEMBLR 21, 19839 7s00 PM KENAI CITY ADMINISTRATION BUILVIHG MAYOR RONALD A. MALSTON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ron Holston, Tom Ackerly, Sally Bailie, Betty Glick, Ray Measles, Tom Wagoner, John Wise Absents None AGENDA APPROVAL 1. Mayor Holston asked that item 8-1, Paul Ross, be deleted. 2. Mayor Holston noted item C-3, Ord. 889-83, a substitute ordinance had been submitted. 3. Mayor Holston asked if item C-6, Res. 83-127, be discussed before item C-39 Ord. 889-83 . 4. Mayor Malston asked that Resolution 83-136, Conveying ! :N portion of Fidalgo S/D to Post Office, submitted this date, be added as item C-15 f - 5. Mayor Malston noted that item G-6, Boat Ramp, a r substitute change order had been submitted. Council approved the agenda as amended. B. PERSONS PRESENT SCHEDULED TO BE HEARD 6-1 Kathleen Wernks - Fence in Redoubt Mrs. Warnke explained she wanted to build a fence along the walkway by her house. Since the City owns the property, she would like to have the City share the cost. She added the public utilities are using it for lines, Cable TV had put up a pedestal. Mayor Malston asked if it was an easement or a walkway. Mrs. Warnke replied, it is a walkway. Councilman Measles said when he lived there, he attempted to get an easement. He was unable to. It is almost blocked off from its original use. Some residents have attempted to maintain it. The school bus stop is there, the kids use it as access. There is also a requirement that any block over a certain distance has to have a walkway. This falls within this requirement. He thought the developer had title to it. Mayor Holston suggested Administration research who has title, if the utilities are trespassing on the land, and get back to Mrs. Warnke. Council agreed to the suggestion. 6-2 Grizzley Aircraft - Charges for Water & Sewer when not Hooked Up Janette Sievers. She represented the new owners of Grizzley. They are bein:l charged for water and sewer anJ do not use the services. At this point they are not able to use the services. Mayor Malston asked if she had spoken to Adminietration, she replied no. Mayor Malston explained the Code requires payment for the service whether you use It or not, if you reside within the proximate area. City Manager Brighton explained, to lay water & sewer lines is expensive, if It is laid and not used, the City has to pay for it. Also, DEC requires this. Atty. Rogers offered to give her a copy of the ordinance. Council took no action. a Y / 1 KENAI CITY COUNCIL SEPT. 21, 1983 ' i Page 2 Councilman Wagoner noted someone in the audience asked to I speak in the same subject. i Connie Wilson. She lives within the Linwood construction ! area. She had heard that if an individual had 2 driveways before the road was constructed, he had to pay for one after the road was completed. She had the road 10 years before the road was built. There are about 3 on the road with 2 driveways. Public Works Director Kornelis distributed copies of the ordinance and letter sent to all property owners. He explained this was sent Nov.8, 1982. Mrs. Wilson said she misunderstood the letter, and did not return it as requested. She did not think it was right for _--.- the City not to put it back the way it was originally. Councilman Wagoner felt the letter could be interpreted many ways. The City did not pass the resolution with that intent, the City should pay for putting both in. I Lee Wahl. Her neighbor had 2 put in without paying for it, but she had to pay. Mrs. Wilson said she has one driveway on Linwood, one on Kaknu. She added, the City has put in water & sewer in some places without charging, but is charging for driveways here. She has paid for water & sewer for 10 years. Councilman Wagoner explained those are 2 different matters. Councilwoman Glick said the reason for the resolution was to make it uniform. If there were many with 2 driveways, it should have been brought to Council's attention. But if some people are not paying for their 2nd driveway, that is ° not fair. Mayor Melston asked Mrs. Wilson if she had more than one lot. Mrs. Wilson replied, she has not subdivided yet, sho has one government lot of 2-1/2 acres. Councilman Wagoner asked how many .in the area have the problem and how ,: much will it cost to rectify? Also, which one will you take and which one will you keep? Councilwoman Glick asked if there was the same problem on the Haller, McKinley, Evergreen project. Mr. Kornelis replied, yes. Engineer t Lashat has been working on this. There are about 20 people I who have requested larger driveways. It is about $6,000 to $10#000 additional cost. Some people have paid for the extra. Mrs. Wahl noted the original agreement said any and all existing driveways would be retained and the culvert would be the width of the existing driveway. The new `J agreement did not have this. She asked the City what the o cost of the additional driveway would be and they did not -;--- know. She opted not to have the contractor put in the extra because she did not know the cost. Councilman Wise said the letter was fairly clear to all homeowners. She should have s- returned the letter and come to Council at the time. If we a" said yes now, we would be starting trouble. (sic) �a Councilman Wagoner said if she had culverts on Linwood and r.= Kaknu, the City owes them a driveway with a culvert. We do not have proof of a culvert. This law needs to be changed. Mrs. Wilson was not sure if these was a 2nd culvert, one is already in. MOTIONS ,., Councilman Ackerly moved, seconded by Councilman Wagoner, to research the situation in this specific case to see if there i was a culvert. If there was, give it back. Also, if there are people getting 2, this should be researched. City Manager Brighton said if we start this, what about the people with large driveways and we have only replaced 14 ft. driveways? We will be having all those people in Council. I KENAI CITY COUNCIL SEPT. 21, 1983 Page 3 VOTE (Failed): Yes: Ackerly, Wagoner Not Malaton, Bailie, Glick, Measles, Wise Mrs. Wilson asked, why did Council put up a vote for assessments? The money they get from assessments could solve these problems. Mayor Maleton explained this was state money that Council decided to use in this manner. C PUBLIC HEARINGS C-1 Ordinance 887-83 - Amending Kenai Municipal Code - Establishing Accounting A Budgeting Procedures for Encumbrances MOTION: Councilman Wagoner moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend the motion in the paragraph starting 117.25.035," delete the final period, and add "in the appropriate line of the budget." VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendecls Motion passed unanimously by roll call vote. C-2 Ordinance 888-83 - Increasing Rev/Appno - State Grant, Senior Citizens - $8,069 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Resolution 83-127 - Awarding Contract - Airport Terminal Parking Lot - Quality Asphalt - $3639534.30 MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilman Wise asked that the project be monitored so we do not have a catastrophe in parking at the airport. Public Works Director Kornelis agreed. He nnted alternate bid schedule A, regarding concrete poles. Tho basic, bid was heavy-duty poles, it will coat more ao Administration wanted to use less expensive. Atty. Rogers added, there is a format for stickers, signs going up, and streaming 111so. Parking will be at alternate areas. Motion passed by unanimotis consent. .r I �= J'A -14A ` KENAI CITY COUNCIL SEPT. 21, 1983 C-3 Ordinance 889-83 - Increasing Rev/Appns - Airport Terminal Parking - $600,000 a. Substitute 889-83 MOTIONS - Councilman Wise moved, seconded by Councilwoman Glick, to ",. adopt the ordinance. MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Wagoner, to amend the motion with substitute urd. 889-893 in the amount of $4399000. = There was no public comment. VOTE, Amendments i . . Motion passed by unanimous consent. a Councilman Wise asked why did we reduce Land Systems fund ., and not Terminal Enterprise fund? Finance Director Brown replied, Terminal Enterprise fund should pay for the parking � lot with the balance from Land Systems fund. r r VOTE. As Amended; ! Motion passed unanimously by roll call vote. C-4 Ordinance 890-83 - Increasing Rev/Appns - Airport Ramp Overlay & Itinerant Parking MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to + adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. �c C-5 Resolution 83-126 - Awarding Contract - Airport Ramp Overlay & Itinerant Parking - Harley's Trucking - $413,362.50 MOTIONS --:,-� Councilman Wagoner moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENTs 4 John Arsenault. What is the relationship between Ord. 890-83 and Res. 93-126? Finance Director Brown explained, the ordinance is financing, the resolution awards the f contract. Public Works Director Kornalis explained, there is some renovation of existing fuel pits. There will be a 4 change order to install 2 new pits. The City has the material. Councilman Wise asked, what is the engineer's estimate? Mr. Kornalis replied, ramp overlay is $527,696.25. Motion passed by unanimous consent. C-7 Resolution 83-128 - Transfer of Funds - New Telephone System "- �, & ?-Way Radio for Gym & Rec Center - $2,575 a KENAI CITY COUNCIL SEPT. 21, 1983 Page 5 MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Recreation Director McGillivray explained, the radio is for Rec. Center employees to call him and for him to call his people in the field. It is just a remote. Motion passed unanimously by roll call vote. C-8 Resolution 83-129 - Transfer of Funds - Damage Claims to Contractor - Airport Const. - $4,217 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. Atty. Rogers explained, pursuant to contract, the City agreed to get all-risk insurance, it included these items. The deduction was $5,000 per occurrence. He had told the contractor he would review at the end of the job. There are 3 claims. The agent had told him this is cheaper than the contractor getting insurance. In the future Administration feels it would be better even though it may be more expensive, to have the contractor buy insurance. PUBLIC COMPENTs Cherry Careon. What kind of damages were there? Atty. Rogers replied, water from a roof leak, a flue fire as a result of a plywood flue, and damage to on -site materials. Motion passed unanimously by roll call vote. C-9 Resolution 83-130 - Award of Bid - Station Wagon, Senior Citizens - Peninsula Ford MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. Councilman Wagoner noted there were 2 vehicles described in the resolution. City Manager Brighton replied, the station wagon is correct. Senior Citizen Coordinator Porter explained they have expanded the program to out -reach to Nikieki and Soldotna. PUBLIC COMMENTS Chris Reynolds. Some older people cannot get in and out of a station wagon. Mrs. Porter replied they will use the van. Motion passed by unanimous consent. C-10 Resolution 83-131 - A•:cepting FAA Grant - Airport Apron Overlay MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. 0 1 KENAI CITY COUNCIL SEPT. 21, 1983 Page 6 C-11 Resolution 83-132 - Transfer of Funds - let, Birch, 4th, - Final Pay Estimate - quality Asphalt MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilwoman Bailie noted the seeding was a poor job. Is there any consideration being taken on this? We will have no recourse next Spring if they have to re -do. Public Works Director Kornelis replied, the letter in the packet from Wince, Corthell & Bryson addresses this. We did not pay because it did not come up. They re -seeded. We have new specs for grass areas. Motion passed by unanimous consent. C-12 Resolution 83-133 - Transfer of Funds - Boat Ramp Testing & Inspection - $3,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilman Wise said based on this and the change order in the packet, this is already out of control. Public Works Director Kornelis explained, the City has taken over inspection but there are some things we cannot do. This is to cover the cost of hires, it has nothing to do with the contractors. Motion passed by unanimous consent. C-13 Resolution 83-134 - Award of Contract - Award of Contract - Airoort Ramp/Itinerant Parking 6 Terminal Parking, Engineering Inspection - PDA MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilman Wise noted there was no break-out in the 2 projects. One will be audited by FAA. After a short recess, Finance Director Brown distributed the information. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend the motion in the heading, line 6, delete the last word "A." Line 7, add "s" tothe word "amounts", delete the dollar amount, and add "A`{ 1 - $39,066.80 and #2 - $39,837.68 respectively." The same changes will be in the NOW THEREFORE paragraph. VOTE, Amendments Motion passed unanimously by roll call vote. 0 KENAI CITY COUNCIL _ SEPT. 21, 1983 Page 7 VOTE, Main Motion as Amendeds - Motion passed by unanimous consent. C-14 Resolution 83-135 - Transfer of Funds - Removing Debris on '- Haller & 2nd - $1,425 Atty. Rogers explained the work has been done, it will be billed. The individual was notified on numerous occasions. It had to be moved. u MOTION: _ Councilman MeaslRs moved, seconded by Councilman Wagoner, to adopt the resolution. = ` PUBLIC COMMENTS Waldo Coyle asked for a full explanation of this. Atty. = ' Rogers reviewed the situation and added, the City will start suit for payment if necessary. VOTES u - Motion passed unanimously by roll call vote. C-15 Resolution 83-136 - Finding Conveyance of Lots i `.., 19293,11912,13 of Block 2, Fidalgo S/D to U.S. Postal Service to Encourage New Industrial Enterprise is Beneficial to City f o- MOT ION: - Councilwoman Glick moved, seconded by Councilman Measlee, to 'I � t the resolution. adopt � There was no public comment. 1 ' Councilman Wise asked if this is the land dedicated for a civic center. Mayor Malston replied yes, this is addressed in the resolution. Councilman Wise objected to it being brought to the meeting without public notice. I MOTION, Tables -- Councilman Wise moved to table the roso:ct!:Son till Oct. 59 1983. Motion died for lack of a second. City Manager Brighton explained the Federal fiscal year - expires Sept. 300 1983. If it is not addressed this date, it will go back to fund, we may lose the opportunity, It is at their request that Council pass the resolution. ` MOTION, Tables Councilman Wise moved to table the resolution till the E i following Tuesday (9-27-83) at a special meeting. Motion died for lack of a second. Councilwoman Glick asked, what have we done for a future civic center site, have we discussed bluff property? Mr. f Brighton replied, there has been no formal action. '.. Councilwoman Glick asked, if the Federal Govt. is $1 Billion in the red, will they be able to build the facility? Mr. Brighton replied,if thoy commit the monev for the real estate, that automatically builds the structure. 5 KENAI CITY COUNCIL SEPT. 21, 1983 A A r age o Ruby Coyle. She suggested when things of this nature are discussed, there should be a map. Mayor Malston reviewed the locations Fidalgo and Bidarka (by the court house)and the street in front of the Elks. There are 5 lots set aside for the civic center 9 years ago. Mrs. Coyle said this should be within walking distance, the civic center is not as important. Mrs. Coyle asked that Main St. Loop from Spur to Beaver Loop Extended be paved and the chuck holes filled. Mayor Malston noted that is on the capital improvements list, there will be public hearings on the list. VOTE (Passed): Yess Malston, Ackerly, Bailie, Glick, Measles, Wagoner Nos Wise D MINUTES D-1 Regular Meeting, Sept. 7, 1983 a. Clerk Whelan asked that page 2, lot motion, the vote was unanimous approval by roll call vote. b. Clerk Whelan asked that page 5, item G-2, the discussion paragraph, last line, delete the words "a claim has been filed", and add "City policy is to file a claim, collection is another matter." c. Clerk Whelan asked that page 7, item G-13, the vote was unanimous approval by roll call vote. d. Clerk Whelan asked that page 9, the second motion, the vote was unanimous approval by roll call vote. Minutes were approved as corrected. E CORRESPONDENCE None F OLD BUSINESS F-1 Lease Application - Bielefeld - Airport Lands Mayor Malston said this was for information only. G NEW BUSINESS G-1 Bills to be Paid, Bills to bo Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 Mayor Malston noted the additional $1,463 added this date for entry to gym. City Manager Brighton reviewed the additional $9,000 added this date for emergency airport fence repairs. He explained there have been many caribou at the airport recently. This was not in the airport fencing project nn Marathon Rd. It is a dangerous situation. The Street Dept. has propped it up temporarily. Councilman Wagoner asked if this In the same . a KENAI CITY COUNCIL SEPT. 21, 1983 Page 9 fence they had difficulties with last year? Acting AirvuiL Manager Rogers replied no. Public Works Director Kornelis added, that job is not 100: completed, there have been minor changes. Councilmrft Wagoner said he had spoken to one of the bidders on that job, he said his bid took the changes into effect. Had he been able to delete those costs, he would have been low bidder. Was the City given credit on the changes? Mr. Brighton explained the changes were at the City•s request. Finance Director Brown said there has been a credit of about $19500. MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to approve the requisitions exceeding $1,000, with the addition of the PO for $19463 and the PO for $9,00O. Councilman Wise asked, why the sliding doors in the gym? Recreation Director McGillivray explained the area was the former office, it was opened up to the new gym. The accoustics are bad in the gym, you cannot talk in the office. Motion passed by unanimous consent. G-3 Ordinance 891-83 - Amending Kenai Municipal Code - Building Permits & Final Inspection MOTIONs Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. Councilman Wise explained this was introduced because of a problem P&Z had with encroachments. It requires an as -built of the site. He suggested it be referred to the home builders for review. MOTION, Table; Councilman Wise moved, seconded by Councilwoman Glick, to table the ordinance and refer to the home builders for comment. MOTION, Withdraw and Tables Councilman Wise moved, seconded by Councilwoman Glick, to withdraw his motion and have it tabled; refer it to P&Z and suggest a meeting with them and the home builders. Councilman Ackerly asked to speak. MOTION, Suspension of Ruless Councilman Wise moved for suspension of the tabling rules and let Councilman Ackerly speak. Council agreed to the motion. Councilman Ackerly said a person building has to have an as -built. We are just asking them to submit an as -built to the City as they would to a bank. Councilman Wise said an as -built is required prior to closing, they are asking for a plot plan and an as -built of the proposed building. It has to be done by a surveyor and will cost. Ruby Coyle. The P&Z ordinance says anyone with building permits must have plats and set -backs. She suggested the City change the Coda that they must comply with the Code. The Borough will not accept a building without a plat. The h w �- r 1- I _ 0 KENAI CITY COUNCIL v SEPT. 21, 1983 - _ Page 10 building inspector is supposed to check that this is done. �J Councilman Wise noted at least 6 times a year we are getting ss-builts at P&Z with exceptions. We are asking for „ surveyors to go out and identify the corners and survey on the corners of the house. This is overkill. Jess L. Hall. He concurred with the suggestion of meeting with the home builders. A plat does not mean it is where the building will be put. Not all of the homes in the area require as-builts. VOTE, Tables Motion passed unanimously by roll call vote. G-4 Ordinance 892-83 - Increasing Rev/Appns - Federal Revenue Sharing - $257,829 MOTIONS Councilwoman Glick moved, seconded by Councilwoman Bailie, to introduce the ordinance. Councilman Wise objected to the detection devise for water & ` sewer when there are parts of the City that are not served l by water & sewer. Those without are subsidizing. There is i an invested fund balance of $300,000. He did not see taking H^J money from general welfare and putting it in restricted area. He also had a problem with a $19350 desk. Finance Director Brown asked that page 29 last appropriation, water (machinery & equip.) and sewer ' (machinery & equip.) be changed to $50,000. After sewer (repair & maint. supplies) add water (professional services) and sewer (professional services) $109000 each. e- '.� MOTION, Additions '! Councilwoman Glick moved, with consent of second, '. to amend the ordinance as requested. Motion, as amended, passed by unanimous consent. MOTION, Tables 1r4 Councilman Wise moved, seconded by Councilwoman Glick, to have the 2nd reading Oct. 19, 1983 in lieu of Oct. 5, 1983. '`--� Councilman Wise explained the election is Oct. 4, 1983 and the new members will be seated Oct. 19, 1983. A lame duck Council will be acting on revenue sharing of significance. Councilman Wagoner said the was true the last time also. They will be completing their full 3 year term and have the right to vote on this issue as when they were elected. VOTE, Table (Failed): Yes: Wise k., No: Malston, Ackerly, Bailie, Glick, Measles, Wagoner G-5 Ordinance 893-83 - Determination of Tax Foreclosed Land for Sale or Public Use I MOTION: ; _ .' Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed by unanimoun consent. I e n KENAI CITY COUNCIL SEPT. 21, 1983 Page 11 G-6 Boat Ramp - Change Order #2 - De1Mar MOTION: Councilman Ackerly moved, seconded by Councilman Wagoner, to approve the substitute change order submitted this date. Councilman Wagoner asked for an explanation of a 10% change order at this time. Public Works Director Kornelis replied he did not have an explanation. It was not in the original specs. The original change order was 155 ft. for a total of $24,000. It was reduced to 100 ft. and $20,000. Administration suggested using the existing sill, that reduced it. Councilman Wise noted the unit price went up. Also, the engineer's estimate was considerably lower than the low bid, what kind of a job did we get? Councilman Wagoner said it has been filled and re -filled many times, there is a lack of proper material in the 1st place. City crews could do an adequate job of holding the bank instead of a change order. Councilwoman Bailie said the original contract from De1Mar was $19,000, where did we get $24,000? Mr. Kornelis there were 2 original proposals. Administration asked them to use the existing sills in the bulkhead. That reduced it to $24,000. He did not have a problem with City crews but the contractor will be pressed to get it done this year. There is a possibility of damage in the parking lot if we do not get to it. Councilwoman Bailie asked, who was responsible for the original design? Mr. Kornelis replied, TAMs. Councilwoman Bailie asked, was the bulkhead overlooked? It is upsetting for the engineers to pick this up. Councilwoman Glick asked if they did core sampling or boring. Councilman Ackerly asked that the engineering firm come back to explain to us why they overlooked this. Mr. Kornelis said we are still under contract for the facilities plan for the next phase. He added, even if they caught this, it would be a cost. Councilman Measles noted, if they make mistakes in the small jobs, what would they do in the large? Councilman Wagoner said he was not sure this will be any better on the bulkhead repair. There is continual ice pressure. Mr. Kornelis explained it goes to sheet piling on up, using existing 8" steel piling. It would be a lot rake bulkhead. City Manager Brighton asked Mr. Kornelis if he had any communication with TAMS regarding the discrepancy. Mr. Kornelis replied he did but they had no comment. He added there is no source of rip rap here, it will be hard for us to make it part of the project. Councilman Wagoner said he is not sure we need rip rap there. If we expand later we would have to remove at our expense. Mr. Kornelis said TAMS had said this facility would not have to be moved. Councilman Wise asked, how much do we have appropriated? Finance Director Brown replied, of the $3009000, $72,000 is available in the construction account, $52,000 remaining in the construction account not committed. Councilman Wise asked, what is the engineer'e, estimate? Mr. Kornelis replied $182,242. Low was $218,750; high was $278,000. MOTION, Amendment: Councilman Wagoner moved, seconded by Councilman Wise, to amend the motion by deleting $5,000 at this time for replacement of non-selvagable concrete planks. City Manager Brighton asked if he wished the City to lay them. Councilman Wagoner replied no. Councilwoman Glick said it may be a waste of money to do this, but we do not know how long we will have to use this and we do not know if we will get funding. She asked, will this cost amortize this or will we have to do something because of erosion? Councilman Wagoner said there is no rip rap on the toe of KENAI CITY COUNCIL SEPT. 21, 1983 rage i2 the road. It is the same as this would be. It all receives water 3 or 4 times a year. There is no reason for it at this time. Mr. Kornelis asked, if the motion fails, would Council approve the contractor not hauling to Marathon but on the road perimeter outside. It would be cheaper. Councilman Wagoner asked if he put money in the proposal for disposal. Mr. Kornelis replied yes, the bid calls for him to haul it away. Councilman Wagoner said we should get credit. VOTE, Amendment (Passed): Yess Malston, Bailie, Glick, Measles, Wagoner, Wise Nos Ackerly VOTE, Main Motion as Amended (Failed)s Yeas Wagoner, Wise Nos Malston, Ackerly, Bailie, Glick, Measles G-7 Discussion - Parks do Roe Requests Recreation Director McGillivray reviewed the requests. He noted the 3rd request is taken care of. #1, this was the original appropriation and Council voted not to purchase. Councilwoman Bailie said, regarding the weight. We had originally decided to have hydraulic, it was pointed out we should have free bar and universal. Atty. Rogers explained he spoke to various people. The concensus was for free bar and universal. Hydraulic is for preventive exercises and rehabilitation of injured athletes. He contacted the insurance company, the initial opinion is we have coverage. Councilman Wagoner said they have 3 stations at school. The universal is safe for one person to use. Mr. McGillivray said the prime reason for hydro gym was liability because it does not involve a lot of weight. The insurance would not change. MOTION, Postpones Councilman Wagoner moved, seconded by Councilman Ackerly, to postpone action on 01 till Oct. 199 1983, when we have cost figures. Councilman Wise asked that the Rae Commission review, and where is the money coming from? Councilwoman Glick asked if there will be a fee charged. Mr. McGillivray replied, a small fee. VOTE, Postpones Motion passed by unanimous consent. Mr. McGillivray reviewed #2. Present rates are $10 hr., if we reduce we will have more players. Councilman Wise asked if changing the hours would include Set. do Sun. Mr. McGillivray replied they did not discuss it. MOTIONS Councilman Wise moved, seconded by Councilwoman Glick, to direct Administration to prepare an appropriate resolution for Council regarding rates for the racquetball courts. VOTE (Passed): Yess Ackerly, Bailie, Glick, Measles, Wagoner, Wise Not Malston KENAI CITY COUNCIL SEPT. 21, 1983 Page 1.3 G-8 Approval - Games of Chance & Skill - Beta Sigma Phi MOTION: Councilman Wise moved, seconded by Councilwoman Glick, to approve the request. Motion passed by unanimous consent. H REPORTS H-1 City Manager City Manager Brighton spoke. a. He has been contacted by Dick Mueller representing a client who has 160 acres at the airport. Would the City be willing to trade real estate? Mr.Mueller said a portion is at the end of the float plane basin. Mr. Brighton said it would be on a value basis and not acre for acre. Councilman Wise said there had been discussion on the new borrow pit that could be a new float plane basin. Mr. Brighton said the material we are hauling out of the airport for the Haller, McKinley, Evergreen project is where the engineer thought was the best long term expansion scheme for the float plane basin. Councilman Wise asked if that had an impact on the land Mr. Mueller refers to? Mayor c Malston suggested Administration come back with a report on the relationship to the airport and the old float plane basin, and recommendations on what we will use the land for. Councilman Wagoner added, an k estimate of the current value. Mayor Malston suggested it go to P&Z, and report back at the Oct. 5 meeting. Council agreed with the suggestions. b. We do not have an emergency clause in the Code to c,( permit the Administration to meet problems such as the caribou in the airport. He would like to amend the Code to permit Administration, under circumstances a where life or health is threatened, to handle the situation. Councilwoman Glick noted we have provision that allows the emergency to be met - telephone polls. c. He was asked by KSRM representative, Jim Heim, to speak i next Thursday (9-29-83) regarding the bond issue. Councilman Wise had asked to be on the program for the opposition. Mr. Brighton did not want it to appear r� that he and Councilman Wise were on the same program on opposite ends. It could be interpreted wrong. Mr. Brighton is not promoting, just for information. Councilman Ackerly said somebody should represent the other viewpoint, it might be best if Mr. Brighton did j that. Councilwoman Bailie said she did not think we as Council people, if a decision is made to support an t-� issue, we have the responsibility not to go against v that vote. We voted as a body to support, even though +' he may be against. Councilman Wagoner said Council has (. no right to censure members. The minority view should r; be up to him. Mayor Malston said he has no objection if Councilman Wise says he represents himself and not Council. Mr. Brighton noted he is not elected, he is an employee. It looks like employee fighting employer. is Council agreed they had no objection to Mr. Brighton appearing on KSRM. { ,•.ew•�- ���.y��Ti� ���sm+---..�._74 _^^____.. � � tr6.�nfi . ._w1i� • _ -- _ .-p.^ -_ _ __ _ _ j KENAI CITY COUNCIL SEPi. 21, 1983 Page 14 Councilman Wagoner suggested, maybe someone else would have time to appear. Mr. Brighton said our job is to provide information without appearing like we are lobbying. H-2 Attorney i Atty. Rogers spoke. a. He noted Margaret Restucher is working very well. It is less cost than a secretary. She will be taking the bar exam this Spring. Her job is nearly complete. She has been a valuable employee. He would like to use her till the end of the year. He has no funds to do this. Finance Director Brown said it would cost about $3,500 till Dec. 31. Atty. Rogers added it would still be a temporary position with no benefits. i MOTIONs Councilman Ackerly moved, seconded by Councilwoman Bailie, to retain Margaret Restucher till Dec. 31, 1983. Councilman Wise said it will need an appropriating ordinance. Finance Director Brown asked if there could be a transfer by resolution with contingency money. Council agreed. o: Motion passed unanimously by roll call vote. �I b. Council has received a copy of the letter sent to PUC by Administration regarding Cable TV. He noted Yvonne Hakkinen is in attendance. InletVisions is less than pleased with the City position. Other people have filed opposition. Hopefully, there will be a hearing. ;t He would urge Council if they have time, to review the documentation. Councilwoman Glick said she voted in favor of sending the letter, but when s:,e got the copy she was surprised at the information. She did not feel ? the information in the letter should have been included. The money made in the sale is not Council business. On page 4, 3rd paragraph from the bottom, "The City of Kenai respectfully requests," etc. that it be revoked. That should be a policy docision. r Council did not discuss, there was no vote. Council needs to keep in mind, we encourage business to come in to the area. Granted we objected to the franchise. But once people have received this and have started to develop, it is indicated in the letter that it was Council decision. This is a policy decision. Council granted permits at a work session. She objected to that being in there. Atty. Rogers said at this point, if there is any objection to the letter and Council does not support it, he asked that it be known now so he can notify PUC and withdraw any matters in the letter. He stood by the letter. If it is error, we want to set the letter straight. MOTION: }., Councilwoman Glick moved, seconded by Councilman Wise, that a letter be sent that while it is our intent to object to the sale, it was not our intent that the franchise be revoked. Councilman Wagoner reviewed the minutes of Sept. 7, 1983. He said he would interpret it that we wanted to ask PUC to reconsider the award. They will not be out any money. They will be able to recover all costs if it was awarded to r`another company. Atty. Rogers said PUC is not going to act 19.If" I arbitrary, capricious or unreasonable. There are statutory I KENAI CITY COUNCIL SEPT. 21, 1983 Page 15 and discretionary grounds for withdrawal. There will be public hearings and findings. Alternate remedies are asked for. Councilwoman Glick said Atty. Rogers had asked if he could take certain liberties on the information. If this particular item was to be included it should have been discussed and voted on. Atty. Rogers said that decision can be made now and if it is not the intent of Council it can be rectified. Councilman Measles said to ask the permit be revoked is premature based on other actions we asked of PUC. They are a local firm till the sale is approved. There may be a point down the road that we may want to ask the permit be revoked. We should not go to PUC with 2 proposals. Councilman Wise said when the issue lot came to Council he took no position as to which company. When the sale was discussed, he voted against the protest because he felt for the City to get involved was unnecessary. He is concerned about the revocation phrase. There has been an investment made in the City. He had no objection to hiring attorneys to research the franchise. S8-66 has passed the Senate. Some day it will be resolved. He would like to keep the options open. We do not know how the franchise fee will be imposed. MOTION, Corrections Councilwoman Glick moved, with consent of second, to amend the motion to change the word "franchise" to "certificate of public convenience do necessity." Councilwoman Bailie asked Atty. Rogers, why was it necessary? Atty. Rogers replied, PUC has authority to do a number of things, revocation is the most drastic. It would be only on compelling reasons. They are not going to do it because a group requests it. There are other comments submitted. It is possible it would not be considered unless someone made it a consideration. We have no authority to do anything in that line. The previous desires by Council regarding utilities have not had much weight. VOTE (Failed)s Yost Glick, Wise Not Malston, Ackerly, Bailie, Measles, Wagoner H-lb (City Manager's Report Regarding Emergency Powers) MOTIONs Councilman Wagoner moved, seconded by Councilman Wise, to request Administration draft an ordinance for emergency factors. Motion passed by unanimous consent. H-3 Mayor Mayor Malston asked to have a work session on Sept. 29, 1983 to discuss capital improvement projects and a new site for the civic center. Council agreed to the date. H-4 City Clerk Clerk Whelan spoke. s. She reminded the Council that reservations for Municipal League meeting in November have not been finalized, they would have to contact her regarding their plans. KENAI CITY COUNCIL SEPT. 21, 1983 Page 16 b. The regular City election is scheduled for Oct. 4, 1983. c. She apologized for the condition of the packet material, the copy machine broke down again. H-5 Finance Director Finance Director Brown said the original intent was that if the bond sale passed, we will immediately sell the bonds. That is impractical. He has withdrawn the proposal to sell. He will wait till Feb. We have to use 2-1/2: of the money in 6 months. The financial advisors are reluctant to recommend to the bond bank financing on unknown projects. Selling the bonds in increments is not a new idea. There is no reason to sell all $4 Million at one time. Councilman Wise asked if the bonds were restricted to assessments or other items. Mr. Brown replied he did not believe they can be legally restricted, but the intent is for specific assessment districts. H-6 Planning 6 Zoning None H-7 Harbor Commission None H-8 Recreation Commission Recreation Director McGillivray spoke. a. The date for the open house is Oct. 2, 1983, 1s00 to 5s00. There will be no dedication speeches, but light refreshments. b. The accoustics are poor in the gym. There is a method to correct this with baffles. He will report at the Oct. 5 meeting. Co There were 35 people in the gym last night, all 3 racquetball courts were busy, and 23 in the teen center. d. Councilman Wise asked if the Rec. Comm. had discussed naming the building for Max Swearingen. Councilwoman Bailie noted he had discussed the fact that he did not want anything named after him. e. City Manager Brighton asked Mr. McGillivray if he wished to have the Mayor cut the ribbon. Mr. McGillivray replied yes. f. Councilwoman Bailie said the Rec. Comm. is preparing a master plan for parks and recreation programs for Council review. g. Councilwoman Glick asked if the City cleans the parks on a regular basis. The lot in Old Town has broken glass in it. Mr. McGillivray replied they try to do 2 trash runs per week. Old Town gets a lot of use. H-9 Library Commission Librarian DeForest spoke. 8. Bud Dye has been appointed chairman of the commission. r. K . .1 1 i I , i KENAI CITY COUNCIL SEPT. 21, 1983 _- ► oyo .. b. In England, Cable TV is used in the libraries. People can dial the library and get articles on TV direct. Alaska anticipates having it in 5 years. i I PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1-1 Yvonne Hakkinen. The letter written by Administration had several allegations; that were not substantiated. It is a definite affront to her, she spent 3 years with the company. They spent $3 Million to date and have employed a number of local Very few people. y peoplrs would spend this much on training. The City is confusing the issues: a. Local company. If we take it far enough back, she supported MultiVisions. Peninsula Cablevision is an outside company. MultiVisions was 80% owned by j Alascom. 20% is local. It has always been locally controlled. b. The purchase does not result in improved system but ends up in pockets of Gould h Uchitel. Mr. Uchitel and Mr. Gould created the industry in Anchorage. Because of her applying for certificate in Kenai, now we have a system. c. Blue Sky speculation. The only Blue Sky speculation is building the system at all. d. Franchise Tax. We have agreed to disagree. We'll fight those fights when they come. e. Something for Everyone, a public utility to do to us and not for us. We have asked for the type of th.ina you want. It has always been our saying to give us s chance. f. Request it be revoked. You are asking us not to do business in this area. If you are displeased with anything, bring it up. There has never been any contact with us. We are building 98 miles of wire. There will be problems, but we are trying. She asked that Council reconsider asking for revocation of certification. 1-2 Councilman Wise. He asked about the letter from FAA do FSS that was in the work session packet. City Manager Brighton replied, the reason for the letter was because GAO indicated they felt FAA was misleading the localities in puffing up employees and the economic benefit. After reviewing the original statements, they found we were larger than originally stated. It was not our locality the Feds were worrying about. It went from 70 to about 88. At the and of 20 years they only intended to have 50% of the original employees. Mr. Brighton felt there was no necessity to go into detail with the revised numbers. 1-3 Ruby Coyle. The City has a "no shooting" ordinance. She has many moose that are eating her garden. She asked to change the ordinance in the City during moose season or else have the City put a fence around her property. Chief Ross replied her difficulty would be with Fish h Game, not with the City. I-4 Councilwoman Glick. Regazding the award of bids for Thompson Park streets, the money needed to engineer water. We extended the Wince, Corthell do Bryson contract to do a study, this wee never decided. In the survey the question of sewer was not asked. Over the years people in the area have complained about this. They have not complained about f KENAI CITY COUNCIL SEPT. 21, 1983 Page iv water. The majority said they wanted sewer. The assessment district was voted yes. MOTIONS Councilwoman Glick moved, seconded by Councilman Wise, to take the offer of Wince, Corthell do Bryson of $8,700 to study the sewer problem in the East Kenai area and when h if problems arose we can address it. Councilman Wagoner said the $8,000 figure was not for study but for cost estimate as to what water & sewer would cost in Thompson Park, by running a main line down the highway. Councilman Wise said it was to figure out how to provide sewage service to the area east of the Kenai loop. We should find out what the basic options are in the area. Public Works Director Kornelis said this was submitted in July. There will probably be changes. He suggests Council lay out a proposal at a work session and we can go out for proposals. Councilwoman Glick said L-he majority of the people were in favor of an assessment district. Councilman Wagoner said, but not 100%. No one in the area is financially able to carry 100:. It will cost $3.6 Million to do. MOTION, Additions Councilwoman Glick moved, with consent of second, to add, "if the figure is still a viable figure." VOTE (Possed)s Yess Malston, Bailie, Glick, Measles, Wagoner, Wise Not Ackerly I-5 Chris Reynolds. She suggested they do VIP as well as Thompson Perk. AOJOURNMENTs Meeting adjourned at 12s15 AM Janet Whelan y� City Clark /3 -�� A1TI ?CM I Kenai City Council September 21, 1983 Partial Verbatim I PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1 Yvonne Hakkinen Yvonne Hakkinen - To say that I object to the letter is a little bit of an understatement. First I would like to say that the letter that was written by the Administration of the 8th had several allegations in it, all of them unsubstantiated, all of them never addressed to myself or anyone else in the company. This letter is definitely a personal affront to myself as someone who has spent three years bringing cable television to the Peninsula. It is an affront to the owners of the company, the chairman of the board, and the rest of us. We have spent over three million dollars in this community, almost to date, employed a number of local people, and I think myself, that very few companies would have spent two years training a local manager to come down and run a system like this, not to mention the local hire policy that's been involved in building the system. And I think we're confusing a couple of issues. One is the local issue and one is the objection of our certificate. The second is the franchise tax. I'd like to go through the letter kind of point by point. First is the local issue. Originally I agreed. If we take it far enough back, the Council did endorse my original certificate almost three years ago. When I withdrew my certificate two other companies filed, one Multivisions which I supported, the other Peninsula Cablevisions. Peninsula Cablevisions is wholly owned out of Washington. They have no local people whatsoever. That was the Council's decision to support them. Fine. At the time of the award of the certificate Multivisions, of :hich Inletvisions is a wholly owned subsidiary, was 80 per cent owned by Alascom and Daniels and Associates, approximately 40 per cent each. The rest of the ownership has always been local, twenty per cent. But that's not where the issue lies, who owns it. What the issue is, who controls it? It's always been locally controlled and will continue to be so. 1 think definitely a point of that is what decisions can be made on a local level? Yvonne Hakkinen - In the letter some other allegations were made. Quote: "Purchase does not result in the requirement of the infusion of any resources to expand or improve telecommunications in the State of Alaska but rather dissipates financial resources and diverts them to other uses." Fact is that (Bob, you could tell them.) Bob Gould created an industry, MDS. It had never been brought to any residential units. They did it in Anchorage. They created it. Fact: Because of myself applying further certificate on the Kenai, now we have a system being built. That to me doesn't bear out what was written. Yvonne Hakkinen - The next thing I'd like to address is the blue sky specula- tion. It is not in public interest and should not be condoned. The only blue sky speculation is building the system at all. The next thing is the franchise tax. We had a work session. We've invited you to Anchorage. We've discussed this several times. Bascially what we've agreed to is to disagree. We're both going to spend a lot of money, probably more than the fifty thousand dollars involved. But that's fine. I mean we'll fight those fights when they come. And definitely that's one that will come. Yvonne Hakkinen - The next thing I's like to address is (and really this is almost kindof funny and I'm pleased the Administration knew our byline, "Something for everyone." What I'm not pleased about is that you would say we are "a public utility to do to us rather than for us. Again, Inlet - visions has asked the City again and again for what type of things you would like us to do for you. No company has showai more willingness to do that through their community access programs, through their public input; if nothing else through the things that we do --special events --bring Mickey Mouse down ... Right now we're meeting with the Librarians' Association from all over the Peninsula.(what we can do). Basically, I guess I'm saying, it's always been our word. We'll do what we can. We want to work on those things. Give us a chance. Obviously you're not ready to. Yovonne Hakkinin - The last one is that you requested our certificate to be revoked. I don't know if you realize how serious that is. You're asking us r < 1 I lI ii Kenai City Council September 21, 1983 Partial Verbatim - Yvamw.Hakkiata Page 2 not to do business in this community. Basically you're saying you're dis- pleased with what we're doing. i submit to you if you're displeased with anything we're doing or how we're doing it, bring it up. is sure you all know my phone number as well as our number in Anchorage. There's never been any cxatact whatsoever that you're displeased with what we're doing, if you are, let us know. We're building 98 miles of cable plant, passing 3,450 homes. We're going to make mistakes. Agreed. There's going to be problems. Agreed. But we'll sure try to resolve them, and that's the big thing i want to say, is that we're trying. Yvonne Hakkinen - And i guess the last thing is I'd like you to reconsider whether this is correct or not, asking for the revoking of our certificate. Mayor Malston - Council, any questions? (inaudible)... (inaudible) thank you. Yvonne Hakkinen - You're welcome. C?nett 6da41103- Ann Adams Secretary 9 f i