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HomeMy WebLinkAbout1982-04-21 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 21, 1982 - 7; 00 P14 PLEDGE OF ALLEGIANCE ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Kenai Mail Merchants - Mall Parking Lot 2. Architect Carmen Gintoli - Senior Citizens Center Proposal C. PUBLIC HERRINGS 1. Ordinance 767-82 - Increasing Rev/Appns - Replace Heat & Smoke Detectors in Jail - $2,000 2. Ordinance 768-82 - Increasing Rev/Appns - Grant From State, Fire Service Training - $7,000 3. Resolution 82-34 - Award of Bid - Tractor Equip., Parks & Recreation, to Totem Equipment 4. Application for Liquor License - Little Ski no D. MINUTES 1. Regular Meeting, March 17, 1982 2. Regular Meeting, April 7, 1982 E. CORRESPONDENCE F. OLD BUSINESS 1. Stoehner Lease Application - 4 Lots in Etolin Subdivision (Notice of Reconsideration) 2. Water & Sewer - Candlelight & Linwood G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 758-82 - Increasing Rev/Appns - Engineering & Preparation of Grant - Float Plant Basin - $5,300 (Re -Introduction) 4. Approval of Lease - Peninsula Development 5. Amendment to Lease - Alaska Rent-A-Car 6. Discussion - Increase in Audit Fee 7. Discussion - Senior Citizens Center - Water & Sewer, Street Access H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor 'Commission S. Recreation Commission I. PERSONS PRESENT NO SCHEDULED TO BE HEARD ADJOURNMENT r- i ' I/.J7♦i ('csY--_�mOI6.iG1Iua'vir-. �� _'�__-_-m/d��f.�r,as�:.i-.uYI JA••.••^ '���� •--.•' _ .. - ..� J , KENAI CITY COUNCIL, REGULAR MEETING, MINUTES APRIL 21, 1982, 7:00 PM KENAI CITY ADMINISTRATION BUILDING I MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Ron Malston, Ray Measles, Dick Mueller, Tom Wagoner, John Wise, Vincent O'Reilly Absent: None Mayor O'Reilly acknowledged a gift from the Library. A-1 Agenda Approval a. Mayor O'Reilly requested that item G-7 be discussed with item B-2, as they both relate to the Senior Citizens Center. b. Mayor O'Reilly requested that item B-1 be held till later in the evening, as Police Chief P.oss wished to speak, and he will be delayed, Council agreed to the changes. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-2 Senior Citizens Center Proposal G-7 Senior Citizens Center - Water & Sewer, Street Access a, Shirley Wilson, President, Mayor's Council on the Aging. It is the concensus of the Senior Citizen Council that the center be built as soon as possible. b. Betty Warren. She asked, what is the cost of the water & sewer? Mayor O'Reilly reviewed the memo from Public Works Director vnrnelis enclosed in the packet. Mrs. Warren said after talking to members of the Council, she feels confident this will go ahead. She would hope income from monies from the $1 Million for the Center would go toward defraying of costs. She is opposed to eliminating the wood work shop. It has been many years getting this far and it would probably be many years before we would get any additional monies. She would hope we could keep our square footage intact. Councilman Wagoner asked, does the City provide the labor and equipment, or the contractor on these prices? Public Works Director Kornei_ replied, the contractor. MOTION: Councilman Wagoner moved, seconded by Councilwoman Glick, to direct Administration to proceed with making recommendations where we could come up with $20,295 to complete this portion of the project and keep in mind at the same time if contingency fund is available to pave the parking lot and do as much site improvement on the project as possible. KENAI CITY COUNCIL APRIL 21, 1982 Page 2 City Manager Brighton said there is that much in contingency. Finance Director Brown said the price held to was to include contingency. The $20,000 can be charged to the project without changing the size of the project. He budgeted a lot for the land and did not need that much. Councilwoman Glick asked if the interest generated on the $1 Million was put into TCD's. Finance Director Brown replied we only received 20% of the total. The money has to go into the General Fund. Interest earned has not been added to the project. MOTION, Withdraw of original Motions Council Wagoner, with consent of second, withdrew his original motion. MOTIONs VOTE Councilman Wagoner moved, seconded by Councilwoman Glick, to direct the City Manager to contact the architect and tell him to proceed and if the monies are available that $20,000 will come out of project contingency. Councilman Mueller asked if the 4" sewer line was adequate. Engineer LaShot replied yes. Councilman Mueller said funds should be found to put the paving in. Councilman wise said we should take it out of appropriate funds and if the bids come in wrong, we may at that time add $20,000 from City coffers to augment the project. We should wait till the bids come in. Mayor O'Reilly asked if the project is being bid with alternates. Councilman Wagoner re- plied, his motion did not address that. Motion passed unaimously by roll call vote. City Manager Brighton addressed the Senior Citizens, was there a problem with the location? Councilman Wagoner noted he had heard from senior citizens also. He took a vote, out of 60 it was unanimous. There is some dissension, but they are not the majority. Betty Warren. Out of 100 senior citizens, 3 have objected to the site. Mayor O'Reilly acknowledged the gift of Brownies from Louisa Miller. C. PUBLIC HEARINGS C-1 Ordinance 767-82 - Increasing Rev/Appns - Replace beat & Smoke Detectors in Jail - $2,000 MOTIONS Councilman Measles moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. a KENAI CITY COUNCIL APRIL 21, 1982 Page 3 C-2 Ordinance 768-82 - increasing Rev/Appns - Grant From State, Fire Service Training - $7,000 MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the ordinance. There was no public comment. i Motion passed unanimously by roll call vote. C-3 Resolution 82-34 - Award of Bid - Tractor Equip., Parks & Recreation, to Totem Equipment Mayor O'Reilly noted the resolution had been amended. The amended resolution was distributed this date. i MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to adopt the resolution as submitted this j date (4-21-82) j Councilman Wagoner asked why Totem Supplies did not meet bid specs. Recreation Director McGillivray re- plied, on the bid specs they had asked for a specific _ item. Totem was low, but they had not used that type. It did not meet the specs. Motion passed unanimously by roll call vote. °-_- C-4 Application for Liquor License - Little Ski Mo Clerk Whelan said they were delinquent by $34,918.94 in their sales tax. The Borough Atty. had sent them a promissory note to sign and it has not been returned. She requested the application be approved by the b, Council subject to satisfactory arrangerQnts with the Borough. 1 MOTION: Councilman Mueller moved, seconded by Councilman Wagoner, to approve the application subject to a satisfactory situation with the Borough regarding taxes. Councilman Wagoner said the newspaper said beer and wine, the application says liquor. Councilman Wise said he is reluctant to approve a beer and wine license for that type of activity. He would like to see where they would serve it and keep it -- = separate from children who would use the facilities. MOTION, Postpone: Councilman Wise moved, seconded by Councilwoman Glick, to postpone action for more information: y' a. What kind of license. d b. How the license would be handled. councilwoman Glick asked if we should let ABC know we are taking this kind of action? Atty. Delahay explained we have 30 days from receipt of notice to protest. Councilwoman Glick asked that Admin- istration write a letter to ABC asking them for a 30 day extension. Mayor O'Reilly asked, suppose someone else applies for the license? Atty. Delahay KENAI CITY COUNCIL APRIL 21, 1982 Page 4 replied the lot applicant has lot chance with the ABC. VOTE for Postponements Motion passed, with Councilwoman Glick, Councilmen Measles, Wagoner, wise, Mayor O'Reilly voting yes; Councilmen Malston, Mueller voting no. D. MINUTES D-1 Regular: Meeting, March 17, 1982 Clerk Whelan said Public Works Director Kornelis had requested some changes in the minutes. During testimony he had been using a blackboard and his talk had not been clear. Changes weres a. Page 4, item F-3, lot paragraph, line 10. Delete the words "---list of water & sewer projects.", and add "---additional water & sewer from Candlelight to Tinker going down Lawton Extended." b. Page 4, item F-3, 1st paragraph, line 21. Delete "---Lawton & Tinker, and---", and add "a." After the word "re -bid" add "---a while back there was a petition circulated by the Linwood residences." Clerk Whelan said Atty. Delahay had requested page 5, paragraph after the lot motion, last line, the word "get" be placed before "$400,000." Clerk Whelan said Atty. Delahay had requested page 6, 3rd motion, line 2, the words "is deducted" he added after 11$22.50. " Minutes were approved as changed and corrected. D-2 Regular Meeting, April 7, 1982 Clerk Whelan said Public Works Director Kornelis had requested some changes in the minutess a. Page 5, item C-9, paragraph 3, line 5, delete the words "---most of the lines are water only." b. Page 10, lot paragraph; line 18, change the amount from $65,000 to $60,000. c. Page 13, last paragraph, line 21, with codcurrence of City Manager Brighton, add "their cost of" at the end of the line. City Manager Brighton agreed to the change. d. Page 14, lot paragraph, line 28, change the amount from $28,000 to $2,800. e. Page 16, item I -la, change CRA to CEIP. f. Page 16, item 1-b, line 1. Add "Local Service" before the word "Roads." Line 2, add "program" after the word "That." Minutes were approved as changed and corrected. E. CORRESPONDENCE None a- .. KENAI CITY COUNCIL APRIL 21, 1982 Page 5 F. OLD BUSINESS P-1 Stoehner Lease Application - 4 Lots in Etolin Su division (Notice of Reconsideration) City Manager Brighton said the lease has been an per Council request and is ready for review. MOTION: Councilwoman Glick moved, seconded by Councilman Wise, for reconsideration of the Stoehner lease Lot 9, Block 1, Etolin SID. Councilwoman Glick said she asked for reconsider a. Allow additional public input b. Allow Planning & Zoning comment C. Ascertain appraisal value d. Have current leases in question brought up VOTE, Reconsideration: Motion passed, with Councilwoman Glick, Councils Measles, Wise, Mayor O'Reilly voting yes; Counci seen Malston, Mueller, Wagoner voting no. Councilwoman Glick noted P&Z Commissioner rurnel was in the audience and there may be additional comments from the audience. Since this is a new type of business and potentially puts us on the brink of establishing a precedent, we should give this some thought. a. Paul Turner, P&Z Commissioner. The motion at the last P&Z meeting was to ask Council to re- consider. He was disappointed in the reason why Council decided to accept the lease - we had lost business to Soldotna, P&Z is anti -growth, and some people do not object to fish smell. P&Z is not anti -business. He would urge Council to reconsider, and if they vote for it, do it rationally. He has contingencies relating to this business. 1. Odor 2. Remove hard particles on a regular basis 3. Parking issue be resolved 4. Landscaping issue (addressed to increase marketability of land) 5. Take into account P&Z took on issues addressed 6. Ask them to consider an alternate site 7. If no alternative is accepted, consider this plant if it was next to you Regarding the odor, some people like a fish smell, it :Weans dollars. But to some it is objectionable. You can find out what a plant like this smells like this summer. If you want the City known for its smell, that is your decision. Regarding compatibility, is this compatible with other development there? Regarding parking, if it grows, it will become a factor as a problem. Regarding sewage, that is yet a questions mark. b. Bob Bielefeld, Kenai Aviation. He has a business near the area discussed. He anticipates Main St. will look like Willow St., it changed with paving. He objects to the lease because of the future of KENAI CITY COUNCIL APRIL 21, 1992 Page 6 the area. He will have to straighten his business out to make it compatible. Consider if this was by City hall. This type of business is wrong. Changes coming must be considered. c. Frank Getty. He was in San Diego recently and came into a processing plant by boat. There was a patio with planters adjacent to it and a park there. There was no odor. A hotel was across the street. The issue is if the operator keeps it clean. d. EC. Garnett, Atty. for Stoehners. He distributed letters in support of the lease application. Re- garding P&Z being pro -business. Asking for alternatives outside the City is not pro -business. Regarding this business being compatible with business in the area. The zoning is light ind- ustrial. The Stoehners did not make the Code. Regarding parking, this has been addressed for customers and employees. Regarding odor, no one has given concrete facts when they objected. e. Bob Peterkin, Harbor Commissioner. lie has been invol'ad with the Stoehner's plant in the past. He would like to see them get the lease. We can deal with various fish processes Alaska wholesalers _ not get involved in. With this we could get 1do in with the local and State level. Atty. Delahay noted there will be changes in the lease. These could be changed by Administration. He reviewed the changes. MOTION, Amended: Councilman Measles moved, seconded by Councilman Wagoner, to amend the motion to approve the lease as presented with corrections as submitted by Atty. Delahay. „ VOTE, Amendments _= Motion passed, with Councilwoman Glick voting no. ;. Vice Mayor Glick took the chair. MOTION, Amendments Mayor O'Reilly moved, seconded by Councilman Wise, to amend the lease, page 15, item E-2, line 3, -_ to add "through the City Manager" after the word "City. if Mayor O'Reilly explained he is sure with the balance of the Council there has been considerable input re- :;�; garding this. He feels a great responsibility to voting against anything P&Z has considered. The conditions of the lease are very binding. There are f tools to shut down the plant quickly if in non -con- formance. if ,;, Also, the proposers sub -lease, these conditions go with the new lessee. Or if the Stoehners purchase they still must abide. The area is zoned g light industrial, the applicants have said they will T comply with the conditions. This Council and succeed- ing Councils will watch the operations closely. VOTE, Amendments k Motion passed unanimously by roll call vote. KENAI CITY COUNCIL APRIL 21, 1982 Page 7 Mayor O'Reilly resumed the chair. Councilman Wise reviewed the background of the lease. They made application a long time ago. It was made In good faith, it was in another area. Councilman Wise suggested another area because it met their criteria and had access to water & sewer. The highest and best use has not been discussed, if it was, nothing would be built. No one knows what that is. Whatever Council does, they will be chastised. The Council has looked for growth posture and positive growth. Many would prefer this plant not be in this location, but good faith effort has been made and very stringent requirements have been made. Councilwoman Glick noted we have zoning ordinances regarding nuisances, for 3 or 4 years we have addressed this, gone through the exercise and then drop it. She will not support this because: a. P&Z has addressed this and this is not the best use of the land. b. She is not against business but against it in this site. There is other area available. c. This was put to us with a time frame situation, P&Z feels they were being pressured. d. A number of the community has said they are not against business but against the site. It is our responsibility to get as much res- ponse as possible. We have ignored information from the competitor. e. Some of us have received a number of calls. VOTE, Main Motion: Motion passed with Councilwoman Glick voting no. B-1 Kenai Mall Merchants - Mall Parking Lot Marian Nelson, Director, Mall Merchants Assn., intro- duced Pat Booth, Representative of Carr-Gottstein Properties. Mr. Booth referred to #1 & #2 in Police Chief Ross' memo regarding Mall Parking. They have tried to avoid impounding. Regarding #3, if an officer were in the vicinity, it would be easier to ticket than to impound. Regarding #4, enforcement. There will always be a problem with cars being towed away. They are always mad. As to cost, they feel it may pay for itself. Mayor O'Reilly asked, is it Carr's responsibility to manage safety? Mr. Booth replied, in Anchorage they have police patrolling the area, but that is not in the local law. Councilman Wagoner said, regarding the cost of ticketing. He is not so sure if they ticket, that they will collect. You are talking about a large amount of money. Also, if 3 or 4 cars are towed off, you would have very little difficulty with parking. After they know it is a reality, they will not park there. He asked Airport Manager Swalley, does he have a problem with people parking at the airport? Mr. Swalley replied, not nearly as bad as it was. Councilman Wagoner added, there is also a problem across the street. The Fire Dept. does not call this a fire lane. Councilman Mueller said when this came before us 2 years ago, we offered Carrs the option to dedicate the strip to the City and the City would take over. Councilwoman Glick said at that time signs were posted. We felt this was up to Carr's as it was private property. They were reluctant to dedicate the street. Mr. Booth said they are still reluctant, they just ask for patrol and ticketing. Towing is 4 �fiiRY�=-�-�- -- _: _ _ -:.. .— - _ �-_ - ----.. ..�o.�.�-_�-.--�- :.�.,+t+":»»r�•ctsxc��rrr:r, �r---� KENAI CITY COliNCIL APRIL 21, 1982 Page 8 a large expense and bad for relations. Council- woman Glick noted it would be a larger expense if an accident happened. She suggested if they did it for a week or 2 people would not park there. It that did not work, then they could talk about it. There are other areas in Kenai that enforce this themselves. Mr. Booth explained in Anchorage they enforce by ticketing, and after 24 hours Carr's impounds. Councilman Wise suggested deputizing Carr's employees to enforce in the name of the City. Atty. Delahay explained the difficulties of this action. Chief Ross noted any citizen can issue a ticket, but with parking violations, you are ticketing the vehicle, not the person. They do not issue warrant, but summons. They would have to locate the vehicles in a large area. There is also a hazard situation, if a patrolman leaves a hazard, the City is liable. Mr.. Booth noted, if the vehicle blocks a hydrant, they will tow it away. Mayor O'Reilly asked, if there is a fire and the equipment cannot reach, what happens to the insurance? Mr. Booth replied it will go up. Councilman Wagoner suggested Carrs could change the parking lot plan or put in speed bumps. Dave Curtis, Manager, Kenai Carr's. He asked, how does the City determine police jurisdiction on private or public property? Also, the litter is a terrible problem the City cannot handle. Chief Ross noted the judges are making violators clean up litter. Mr. Curtis said Chief Ross' suggestions are a starting point. Mayor O'Reilly said if Carr's initiates impounding, the police will cooperate to taka care of unpleasantness. Councilman Wise added, if they publicize a campaign, they would have on officer to assist the 1st day and that would be all it would take. MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to accept the proposal regarding the Mall parking problem as set forth by Police Chief Ross' memo and direct Adminstration to inform representa- tives of the Mall Assn. in writing with an attach- ment of this, and to get with them to implement the proposal. Motion passed unanimously by roll call vote. F-2 Water & Sewer - Candlelight & Linwood Councilman Wise said he questions the numbers. The sewer on Linwood is a duplicate of the sewer on Candlelight. Public Works Director Kornelis explained each individual portion was taken separately. He had attempted to show all alternatives so if they have a cost he can give them alternatives. Councilman Wise suggested if we put in water & sewer with water to Fiddler or Lawton, and put in dead sewer lines, the cost would be $527,000. Then if we ran water & sewer across to Tinker, we would have an additional $233,000. The whole project would be $760,000. If we left Fiddler to Tinker water & sewer undone at this time we could eliminate the cost by $233,000. It is desirable to loop water but does not have to be done. Also regarding the sewer, because we are putting in road, if we put in sewer but did not connect, it would be a dead line but would be in. Next year, when DEC funds are available we could activate the lines. Councilman Wagoner said Council needs to address the fact that there is a contract to do roads only. It a _... N KENAI CITY COUNCIL APRIL 21, 1982 Page 9 would be expensive to enter into negotiations with the contractor or you are gc.Lng to have 2 contractors on the job at the same time. That or you will have to stop the project and re -bid the job. Alternatives are: 1. You can go on as is. 2. Buy the contractor off, create water & sewer district and start over. 3. Stop the project and do it with City funds. Public Works Director Kornelis said he would recommend if Council decided to put in water & sewer tt+en we should cancel the road project and start over. MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, that at this point in time we cancel our current road project contract and re -bid the project in its entirety, including water & sewer and roads. At which time we would also hold these funds in abeyance in a special account. i Councilman Wagoner said we should not spend the funds, the people need roads fixed. They should be held and specifically earmarked for road improvements. They should not be shorted. Councilman Wise asked, was the road contract for both Candlelight and Linwood? Mr. Kornelis replied both. We have $295,000 with 5% in contingency. If we went out to bid they would be 40% higher. We would have to come up with additional money. VOTES Motion passed, with Mayor O'Reilly voting no. Public Worke Director Kornelis asked, is he to get ahold of the engineer and go out to bid prior to allocation of funds? Councilwoman Glick noted, we have design work done, do we have to go through the process again? Could the City do it? Mr. Kornelis replied, we could, but it would take considerable amount of time. With Couccil approval, he will contact Wince, Corthell & Bryson and have them combined. Council- man Malston asked if he had a ball park figure. Mr. Kornelis replied, less than $10,000. Councilman Wise noted there are no DEC funds available at this time. He would like to consider separating sewer on Lawton/ Fiddler, putting in dead lines and delaying one year. Perhaps DEC funds will be available. That is $500,000 in itself. We are looking at an additional $650,000 of City funds. Councilman Wagoner said he feels we need to take a good long look at the project. This in nnf the only area we are improving that needs water & sewer. We have talked about assessment districts for 3 years. The City would be spending $650,000 to develop this property. Thompson Park also has contaminated wells. Council should take a look at putting water & sewer in one area and not another. He would feel com- fortable with assessment districts, some of the people have already been assessed. City Manager Brighton noted they will not be assessed for the other side. Council- woman Glick said this was an oversight that water & sewer was not included in the project. We did do engineering on this and during discussion of Capital Improvement Projects, Council agreed they did not need this. The people thought it was included. We have had considerable testimony regarding water in this area. We have heard considerable development was available if they had water & sewer. Maybe we should start dealing with section KENAI CITY COUNCIL APRIL 21, 1982 Page 10 after section. Councilman Wise said we really got active in this issue recently. We were told it would cost $300,000, now we hear it will cost $750,000. We thought DEC funds were available, now they are not. A need has been demonstrated, there is a pollution problem. He would like to see the project moved but only where there is a need. He would suggest we ask for State fund- ing. We can at least try. Also, submit a grant applica- tion for connecting links for future funding. We have to put in a request well in advance. Councilman Mueller asked, are the stub -outs to property included? tor. Kornelis replied, no, that is the responsibility of the property owners. Councilman Mueller asked, if it is not done when the road is built, it would have to be torn up again? Mr. Kornelis replied yes. Councilwoman Glick asked, given the nature of the area and high water table, would it not be advantageous to do it in one fell swoop and not be done over again? She would like to have some consideration for stub -outs be put in. MOTION, Reconsiderations Councilman Wagoner moved for notice of reconsideration at the next meeting. Councilman Wagoner explained we have not considered the repercussions of this action. $126,000 additional is a negative impact on the project. For $126,000 we could negotiate water & sewer in there a lot cheaper than rebidding the road work again. Mr. Kornelis said negotiation could not be done for water & sewer. We'd be tripling the cost of the road. The public would complain. Councilman Wagoner noted, the public has a right to complain if the City makes a $126,000 mistake. Councilwoman Glick said we postponed this from the last meeting. If we continue another 2 weeks we are getting further from construction. Our Capital Im- provement Projects have emphasized roads, water and sewer. We have monies coming to us on July 1, 1982. If this holds up, wA would not be jeopardizing additional jobs. She asked City Manager Brighton if he had any recommendations. Mr. Brighton said it is obvious at this point there are all sorts of ways we can go. we cannot advertise the contract till we have money appropriated. If Council decides it is necessary, we will have to do as proposed and wait till July 1, 1982 for money from the State. Then we can petition on the basis of safety and sanitation to do this instead of the gym and other projects. He noted we will have to eat- considerable amount of money if we re -bid this project. His most important emphasis is that we not deplete present fund balances but use State funds. He asked Mr. Kornelis, could this be done if we receive money from Juneau after July? Mr. Kornelis replied, no, if Juneau took the same amount of time trey did last year, we cannot do it this year. Mr. Brighton said $250 per capita will be distributed immediately this year. Mr. Kornelis said the contractor would like to start in one week. He has 4 months to do the road. If we wait till July and add water & sewer we would have to go into next year. It also depends on the weather. We could use City money and go out to bid right away. Councilman Wagoner said in that case maybe we should go down to #10 on the priority list and move that forward, take care of it this year and insert Candlelight/Linwood at that level and it should take care of itself. #14 will probably be cut off this year. He didn't think anyone wants to go through a road project 1/2 done. Councilwoman Glick said she does propose to deplete available funds, but there KENAI CITY COUNCIL APRIL 21, 1982 Page 11 are some funds available that we could make some adjust- ments. As to the $250 per capita, that was appropriated last year, but was not to be distributed till July 1. Last year it was a new appropriation, this year they will be better prepared. Councilman Wise said as to funds available, we have Federal Revenue Sharing that is a legitimate use. The City has between estimated fund balance in water & sewer capital reserve fund, over $1.1 Million. Add to that funds from Federal Revenue Sharing, you have more than enough to complete the project. If we don't operate soon, we will not do the project. Funds are not sacred when public health is at stake. Money is not more important than public health and safety. Councilman Wagoner said, regarding the quality of water. He had not heard that wells were contaminated, just that they smelled and looked. bad. If public health had established a hazard, we might be able to go for special funding. Frank Getter. He will have a report on contamination April 22. He cannot understand Council cancelling the contract. He asked Mr. Kornelis if the City can sub- contract. Mr. Kornelis replied yes. Mr. Getty asked, can the City have another contractor come in at the ' same time and do water & sewer? yr. Kornelis replied, there is nothing in the contract, but we turn the road over to the contractor when work is being done. We are leaving ourselves open to lawsuits. Mr. Getty asked, how much will it cost to run water to his house? i Mr. Kornelis replied, about $56 a foot. Mr. Getty said, the Council is talking about this thing and then run water out to Section 36 to develop. It has been out there for one year and you have not sold any land. He paid for his portion of that. They have to boil water to use and cannot develop the i property across the street. He would like to pay for his own water line. 1 John Wiiliams. At the time of the Capital improve- ment projects, Candlelight/Linwood was #1 project on the 80-81 grant. Last year it was #1. This has been _ waiting for some time without water & sewer. The people in the area have determined a need for water & sewer. In the 82-83 Capital Improvement project, 1st & 2nd Street paving is listed. They are not that well traveled. Lupine, Fern, Togiak paving is listed. Water & Sewer in high density should be given higher priority. VIP project is a relatively new subdivision. ---- But Candlelight is an old area and we have had to walk =T home during Break -Up. He doubts other areas have had to walk home. Perhaps the paving projects could be _ put aside for water & sewer in these areas. Councilwoman Glick referred to Councilman Wagoner's motion of last meeting, the City Manager was directed to bring back a proposal for a plan for water & sewer in affected areas, funding, delaying the gym, 2 year phasing, and use of capital improvement funds this ;,--: year. Mr. Brighton replied, the proposals were made a so Council could make the decision which way they will go. Mr. Kornelis said the information was passed out at the work session last night (4-20-82). .`, The City will have to dip into capital reserve funds. 2 To do it this year we would have to cut the size of •'-. the project or cancel other projects. He noted with Councilman Wise's proposal, we are still up to $900,000. Councilwoman Glick asked, do we have monies in Water & Sewer? We have a variety of funds we could take money from without depleting balances. Finance Director Brown reviewed his report to Council. ', The bottom line is $1.3 Million available. Mr. Kornelis' M KENAI CITY COMICIL APRIT, 21, 1982 Page 12 project is $1.26 Million. Mr. Kornelis said, as to walking in at Break -Up. We can go ahead with the project for $295,000. If water & sewer is desired, it could be done at a later date. He added, we had a super price on the road. Councilwoman Glick said water & sewer was deleted from the project and we made an error. Whether we like it or not, we have identified a necessity. Are the other projects cast in concrete and cannot be changed? Atty. Delahay said the posture the City is in right now, the con- tractor wants a decision right now. The reconsider- ation would move it forward 2 weeks. If the contractor moves equipment in and we cancel, it will cost us far more than $120,000. Mr. Brighton said, had we known then what we know now, we would not be in this position. There were numerous public hearings. Council made a decision based on information avail- able. Now we find ourselves in a dilemma. He noted the Piaance Di~:ttitor has given us figures that say we can do the project but we will deplete present funds. Municipal Aid are monies that are undesignated and will come July 1, 1982. Councilman Wagoner asked, how would that affect present funds? Mr. Brighton replied, interest is lost on funds drawing interest but we draw interest till we expend funds. The loss will be minimal. Finance Director Brown said the money available after July 1 can be used for large projects. Council would have to use some kind of restraint, we would have to expend capital improvement money over 5 year period on capital projects. MOTION, Immediate Reconsideration: Councilman Wagoner moved, seconded by Councilwoman Glick, for immediate reconsideration and withdrew his request for reconsideration at next meeting. Councilman Wagoner said we could have people at every meeting asking us to change our Capital Im- provement Projects. VOTE, Reconsiderations Motion passed by unanimous roll call vote. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to delete the portion relating to Lawton to Fiddler, reduce the project cost from $760,000 to $527,000 on the water & sewer portion. Councilman Wise explained, the reason for deletion is, if we delay, it will not affect the basic project and will be available for DEC funds. Now the road work is planned in that area. He would prefer we do other areas rather than go back and do it over. Councilwoman Glick asked, would he consider it as an alternative? Councilman Wise replied, the reason is it would come out of the hip pocket of the City. It would lower the cost about $230,000. VOTE, Amendments Motion passed, with Councilman Wagoner voting no. VOTE, Main Motion with Amendment: Motion passed, with Councilman Wagoner voting no. Councilwoman Glick asked that Administration prepare KENAI CITY COUNCIL APRIL 21, 1982 Page 13 the necessary appropriating ordinance for introduction at the next Council meeting. Councilman Wise asked that a grant application be prepared from DEC. The grant request was for additional completion phase of the project. Councilman Mueller said fie wos►ld like to see proof of contamination in the letter to DEC. John Williams. He would like to cover the contamina- tion and m neral content in the tests. All the residents could get their samples together and submit them to the laboratory in Anchorage. Mr. Y.ornelis agreed and added this could be done in the area. Councilman Measles asked, is he State certified? Mr. Kornelis replied yes. Councilman Malston left at this point. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIOrs Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the requisitions. Motion passed by unanimous consent. G-3 Ordinance 758-82 - Increasing Rev/Appns - Engineer- ing & Preparation of Grant - Float Plane Basin - $5,300 (Re -Introduction) MOTION s Councilwoman Glick moved, seconded by Councilman Mueller, to introduce the ordinance. Councilman Wagoner asked why this was being reintro- duced. Councilwoman Glick explained she had asked for this because she felt we should reconsider for DOT budget. Councilman Wagoner said he was dead set against this unless we plan the whole area at once. Councilman Wise said there is an airport master plan. Councilman Wagoner replied he is thinking of the areas around there, they have not been studied. Motion passed, with Councilwoman Glick, Councilmen Mueller, Wise, Mayor O'Reilly voting yes; Council- men Measles, Wagoner voting no. G-4 Approval of Lease - Peninsula Development City Manager Brighton noted this has been recommended by P& Z. MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to approve the lease application. .. •ram..-'��"'^.�..-_.,,.a.� y 1 KENAI CITY COUNCIL APRIL 21, 1982 Page 14 Councilwoman Glick said P&Z had wrestled with this over several meetings. There was a problem with removal of trees. It was noted that the legal de- scription was incorrect. City b,anager Brighton said he would have it corrected. Motion passed by unanimous consent. G-5 Amendment to Lease - Alaska Rent-A-Car City Manager Brighton explained, this is a request for 5 additional cars. This has been discussed before with Council. Any request by other agencies would be treated equally. MOTIONS Councilman Wagoner moved, seconded by Councilwoman Glick, to approve the lease amendment. Motion passed by unanimous consent. G-6 Discussion - Increase in Audit Fee MOTION$ Councilman Wise moved, seconded by Councilman Mueller, to approve the increase in fee to be re- funded in the 1982-83 budget. 1- Motion passed by unanimous consent. H. REPORTS H-1 City Manager Councilman Wise asked City Manager Brighton, what was being done on 3rd St. east of the creek. Public {` Works Director Kornelis replied they are attempting r==, to make it passable. They are replacing mud with ' sand, they are also doing 2nd St. Councilman Wise said there is only one house. Mr. Kornelis explained they have spent much time on it. The sand is from the City sand pit. Councilman Wise said he questions a doing capital improvement without knowledge of the Council. Councilman Wagoner said it is more mainten- ance than capital improvements. Mr. Kornelis explained ^ it has only cost us labor and sand pit. The gravel would be a minimal amount. We have scheduled Eagle River Rd., Eisenhower, 2nd St. & 3rd St. Councilman Wise said if the City crew is doing capital improve- ments we are over staffed. Mr. Brighton explained for. 2 years it has been City policy to do projects as we get time without going to capital improvement projects. H-2 City Attorney Atty. Delahay spoke. !� 1. The Alaska Bar Assn. will be meeting in Anchorage May 19 to May 22. He will plan to go, with approval of Council. He will fly back for Council meeting if necessary. Council approved his request. } 2. Municipal League bulletin #37 discussed SB 871, requiring municipalities to pay for relocating lines. We have been refusing to do this. There 1 KENAI CITY COUNCIL APRIL 21, 1982 i Page 15 are no charges for use of easements by HEA and the phone company. He suggests we ask the Legislature to leave it up to the commun- ities. HEA says the contract says we have to reimburse them for expenses. He will research this. 3. Council has approved expenses on the Peninsula { newspaper suit. There will be other costs. There I will not be enough in his budget and he will request a transfer of funds. Councilman Wise asked, regarding the utility lines, did we adopt an ordinance on where the lines should go? Atty. Delahay replied no. Councilman Wise said we should specify by ordinance. Public Works Director Kornelis said the City Engineer has been working on this with the Borough for uniformity throughout the Borough. 4. Regarding the preparation of a salary adjustment for the unused portion of FICA. He will distri- bute a memo for the April 27 work session. H-3 Mayor Mayor O'Reilly spoke. 1. He has 3 recommendations for the Personnel Boards a. Roger Holl b. Mike Baxter c. Margo Zuelow Councilman Wagoner said we should take more time on reviewing the qualifications on commissioners. we are just endorsing the Mayor's recommendations. Council- man Measles asked, who created the vacancies? Admin- istration could not recall, Councilwoman Glick asked for a list of those on the Board and those who have resigned for the next meeting. 2. Phil Bryson, P&Z Chairman, has resigned. Mayor O'Reilly asked for suggestions. H-4 City Clerk Clerk Whelan spoke. 1. The Council had sent a letter of objection to renewal of liquor license for Sam Pan. The Borough Atty. has said the owners are in Greece, the accountant has sent a check for the overdue amount, but it has not cleared yet. She requested Council remove their objections subject to Borough approval. 14OTION s Councilman Wise moved, seconded by Councilman Mueller, to approve the request subject to Borough approval. Motion passed by unanimous consent. 2. The Council/Chamber monthly luncheon will be April 23, instead of April 30. 3. There will be a meeting of the Council and Borough Assembly members of the Kenai area on May 3 at 10:00 AM. ' KENAI CITY COUNCIL APRIL 21, 1982 Page 16 Mayor O'Reilly asked that all Council members who can will attend the Chamber meeting. H-5 Finance Director None H-6 Planning & Zoning Councilwoman Glick spoke. 1. At the last meeting there was a discussion re- garding Kenai Spit Subdivision, regarding the Sea Catch property. There is a road access - problem. We may have to build a road. P&Z will advise. 2. 2 preliminary plats were discussed. 3. Regarding water & sewer on Tinker Lane, there ^ i is a resolution in the packet from P&Z. We should consider that at a work session. i 4. There was a vacation request for a portion of City property. City Manager Brighton said he would ask all dept. heads if they neeAed the f land. - Councilman Wagoner said,regarding P&Z resolution 82-6. What we saw tonight was a result of bad planning. As long as we approve pockets of population we will have this problem. We should restrict development till water & sewer is put in. H-7 Harbor Commission None --f, _4 H-8 Recreation Commission Councilwoman Glick asked, there was a proposal for " purchase of 4 lots in Woodland Subdivision. Has the Recreation Commission seen it? Recreation Director �= McGillivray replied, they have not taken any action on it. Councilwoman Glick asked if it could be sent back to them for consideration. Councilman Wise „t9 said the original covenant had a park in Woodland and it was set aside. That was illegal and should be pursued. Union Oil should be required to build �.i a park. City Manager Brighton said the City is not -5 party to these covenants and we cannot get into covenant agreements. Councilman Wise said we should get into the legitimacy of the purchase before we i' purchase that land. Atty. Delahay explained it is a private matter, but the residents could bring suit if it has not been too long. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Councilman Wise suggested ggested a letter of appreciation -' be sent to Dan Knackstedt for cleaning up the area around Dan's Union, with copies sent to Chamber of Commerce and Peninsula Clarion. Council agreed to the suggestion. 2. Councilman Wise said, regarding Police Chief Ross' memo on the street lights. He noted #6, on light has been down a year. #10, there is one light there at the entrance with the head KENAI CITY COUNCIL APRIL 21, 1982 Page 17 missing. Also, one light at the Bridge Acce; Rd. at Beaver Loop. MOTION s Councilman Wise moved, seconded by Councilman Mueller, that lights as listed in Police Chief Ross` memo, M, 2, 3, 4 & 5). The City request installation of those lights as soon as possible. Public Works Director Kornelis said a letter has already been sent regarding the cost of those lights. Air Tek has been aware of those lights but is waiting till they get their boom truck. Councilman Wise asked, do we have a contract? Mr. Kornelis replied yes. City Manager Brighton suggested we wait till we get the cost before installing. Councilman Wise said this is a matter of security and safety. Council- man Wagoner said he is interested in cost and where the money will come from. HER manager has said the user will pay costs now. MOTION, Postpone: Councilman Wagoner moved, seconded by Councilwc-man Glick, to postpone till May 5, 1982. Motion passed, with Councilman Wise voting no. 3. Councilman Mueller asked, what about the FAA houses? City Manager Brighton explained, the buyers have put money down. Some have begun to move them. The large house will be torn down. They have 90 days to have the houses removed. 4. Councilman Mueller asked Public Works Director Kornelis, why one block of 4th St. was graded, 2 were not. Mr. Kornelis will check into it. ADJOURNMENT Meeting� ZA, adjat 12:25 AM. � •, ��- Janet Whelan "l City Clerk vv V , r E,✓�t,..,...a.o � wn�y Y 11 t+rfri 4iYCYY {, r1114' KENAI CITY COUNCIL, REGULAR MEETING APRIL 21, 1982 Partial Translation F-2 Water & Sewer, Candlelight & Linwood Councilman Wise said he questions the numbers. The P sewer on Linwood is a duplicate of the sewer on Candlelight. Public Works Director Kornelis explained each individual portion was taken separately. He had attempted to show all alternatives so if they have a cost he can give them alternatives. Councilman Wise suggested if we put in water & sewer with water to Fiddler or Lawton, and put in dead sewer lines, the cost would be $527,000. Then if we ran water & sewer across to Tinker, we would have an additional $233,000. The whole project would be $760,000. If we left Fiddler to Tinker water & sewer undone at this time we could eliminate the cost by $233,000. It is desirable to loop water but does not have to be done. Also regarding the sewer, because we are putting in road, if we put in sewer but did not connect,it would be a dead line but would be in. Next year, when DEC funds are available we could activate the lines. Councilman Wagoner said Council need to address the fact that there is a contract to do roa,°:s only. It would be expensive to enter into negotiations with the contractor or you are going to have 2 contractors on the job at the same time. That or you will have to stop the project and re -bid the job. Alternatives are: 1. You can go on as is. 2. Buy the contractor off, create water & sewer district and start over 3. Stop the project and do it with City funds Public Works Director Kornelis said he would recommend Council cancel the road project and start over. MOTION: Councilwoman Glick moved, seconded by Councilman -:; Mueller, that at this point in time we cancel our 4 current road project contract and re -bid the project in its entirety, including water & sewer and roads. i At which time we would also hold these funds in 1 abeyance in a special account. ' Councilman Wagoner said we should not spend the funds, the people need roads fixed. They should be held and specifically earmarked for road improvements. They should not be shorted. Councilman Wise asked, was the road contract for both Candlelight and Linwood? _ Mr. Kornelis replied both. We have $295,000 with 5% in contingency. If we went out to bid they would be 40% higher. We would have to come up with additional money. VOTE: Motion passed, with Mayor O'Reilly voting no. i Public Works Director Kornelis asked, is he to get -�, ahold of the engineer and go out to bid prior to allocation of funds? Councilwoman Glick noted, we have design work done, do we have to go through the process again? Could the City do it? Mr. Kornelis replied, we could, but it would take considerable amount of time. With Council approval, he will contact Wince, Corthell & Bryson and have them combined. Council- man Ma.lston asked if he had a ball park figure. Mr. d `;' Kornelis replied, less than $10,000. Councilman Wise ` noted there are no DEC funds available at this time. ;- He would like to consider separating sewer on Lawton/ Fiddler, putting in dead lines and delaying one year. y i X. D i { k a!►'6 A 1Ji�J KENAI CITY COUNCIL Partial Translation, April 21, 1982 Page 2 Perhaps DEC funds will be available. That is $500,000 in itself. We are looking at an additional $650,000 of City funds. Councilman Wagoner said he feels we need to take a good long look at the project. This is not the only area we are improving that needs water & sewer. We have talked about assessment districts for 3 years. The City would be spending $650,000 to develop this property. Thompson Park also has contaminated wells. Council should take a look at putting water & sewer in one area and not another. He would feel com- fortable with assessment districts, some of the people have already been assessed. City Manager Brighton noted they will not be assessed for the other side. Council- woman Glick said this was an oversight that water & sewer was not included in the project. we did do engineering on this and during discussion of Capital Improvement Projects, Council agreed they did not need this. The people thought it was included. We have had considerable testimony regarding water in this area. We have heard considerable development was available if they had water & sewer. Maybe we should start dealing with section after section. Councilman Wise said we really got active in this issue recently. We were told it would cost $300,000, now we hear it will cost $750,000. We thought DEC funds were available, now they are not. A need has been demonstrated, there is a pollution problem. He would like to see the project moved but only where there is a need. He would suggest we ask for State fund- ing. We can at least try. Also, submit a grant applica- tion for connecting links for future funding. We have to put in a request well in advance. Councilman Mueller asked, are the stub -outs to property included? Mr. Kornelis replied, no, that is the responsibility of the property owners. Councilman Mueller asked, if it is not done when the road is built, it would have to be torn up again? Mr. Kornelis replied yes. Councilwoman Glick asked, given the nature of the area and high water table, would it not be advantageous to do it in one fell swoop and not be done over again? She would like to have some consideration for stub -outs be put in. MOTION, Reconsideration: Councilman Wagoner moved for notice of reconsideration at the next meeting. Councilman Wagoner explained we have not considered the repercussions of this action. $126,000 additional is a negative impact on the project. For $126,000 we could negotiate water & sewer in there a lot cheaper than rebidding the road work again. Mr. Kornelis said negotiation could not be done for water & sewer. We'd be tripling the cost of the road. The public would complain. Councilman Wagoner noted, the public has a right to complain if the City makes a $126,000 mistake. Councilwoman Glick said we postponed this from the last meeting. If we continue another 2 weeks we are getting further from construction. Our Capital Im- provement Projects have emphasized roads, water and sewer. We have monies coming to us on July 1, 1982. If this holds up, we would not be jeopardizing additional jobs. She asked City Manager Brighton if he had any recommendations. Mr. Brighton said it is obvious at this point there are all sorts of ways we can go. We cannot advertise the contract till we have money appropriated. If Council decides it is necessary, we will have to do as proposed and wait till July 1., 1982 for money from the State. Then we can petition on the basis of safety and sanitation to do this instead of the gym and other projects. He noted we will have to eat considerable amount of money '� •••-•••• �•j•' � � it KENAI CITY COUNCIL A &fia Partial Translation, April 21, 1982 Page 3 if we re -bid this project. His most important emphasis is that we not deplete present fund balances but use State funds. He asked Mr. Kornelis, could this be done if we receive money from Juneau after July? Mr. Kornelis replied, no, if Juneau took the same amount of time they did last year, we cannot do it this year. Mr. Brighton said $250 per capita will be distributed immediately this year. Mr. Kornelis said the contractor would like to start in one week. He has 4 months to do the road. If we wait till July and add water & sewer we would have to go into next year. It also depends on the weather. We could use City money and go out to bid right away. Councilman Wagoner said in that case maybe we should go down to #10 on the priority list and move that forward, take care of it this year and insert Candlelight/Linwood at that level and it should take care of itself. #14 will probably be cut off this year. fie didn't think anyone wants to go through a road project 1/2 done. Councilwoman Glick said she does propose to deplete available funds, but there are some funds available that we could make some adjust- ments. As to the $250 per capita, that was appropriated last year, but was not to be distributed till July 1. Last year it was a new appropriation, this year they will be better prepared. Councilman Wise said as to funds available, we have Federal Revenue Sharing that is a legitimate use. The City has between estimated fund balance in water & sewer capital reserve fund, over $1.1 Million. Add to that funds from Feder -al Revenue Sharing, you have more than enough to complete the project.. If we don't operate soon, we will not do the project. Funds are not sacred when public health is at stake. Money is not more important than public health and safety. Councilman Wagoner said, regarding the quality of water. He had not heard that wells were contaminated, just that they smelled and looked bad. If public health had established a hazard, we might be able to go for special funding. Frank Getty. He will have a report on contamination Apra He cannot understand Council cancelling the contract. He asked Mr. Kornelis if the City can sub- contract. Mr. Kornelis replied yes. Mr. Getty asked, can the City have another contractor come in at the same time and do water & sewer? Mr. Kornelis replied, there is nothing in the contract, but we turn the road over to the contractor when work is being done. We are leaving ourselves open to lawsuits. Mr. Getty asked, how much will it cost to run water to his house? Mr. Kornelis replied, about $56 a foot. Mr. Getty said, the Council is talking about this thing and then run water out to Section 36 to develop. It has been out there for one year and you have not sold any land. He paid for his portion of that. We have to boil water to use and cannot develop the property across the street. He would like to pay for his own water line. John Williams. At the time of the Capital Improve- ment projects, Candlelight/Linwood was #1 project on the 80-81 grant. Last year it was #1. This has been waiting for some time without water & sewer. The people in the area have determined a need for water & sewer. In the 82-82 Capital Improvement project, 1st & 2nd Street paving is listed. They are not that well traveled. Lupine, Fern, Togiak paving is listed. Water & Sewer in high density should be given higher priority. VIP project is a relatively new subdivision. But Candlelight is an old area and we have had to walk home during Break -Up. Ile doubt other areas have had KENAI CITY COUNCIL "L�' Partial Translation, April 21, 1982 Page 4 to walk home. Perhaps the paving projects could be put aside for water & sewer in these areas. Councilwoman Glick referred to Councilman Wagoner's motion of last meeting, the City "Manager was directed to bring back a proposal for a plan for water & sewer in affected areas, funding, delaying the gym, 2 year phasing, and use of capital improvement funds this year. Mr. Brighton replied, the proposals were made so Council could make the decision which way they will go. Mr. Kornelis said the information was passed out at the work session last night (4-20-82). The City will have to dip into capital reserve funds. To do it this year we would have to cut the size of the project or cancel other projects. He noted with Councilman wise's proposal, we are still up to $900,000. Councilwoman Glick asked, do we have monies in Water & Sewer? We have a variety of funds we could take money from without depleting balances. Finance Director Brown reviewed his report to Council. The bottom line is $1.3 Million available. Mr. Kornelis' project is $1.26 Million. Mr. Kornelis said, as to walking in at Break -Up. We can go ahead with the project for $295,000. If water & sewer is desired, it could be done at a later date. He added, we had a super price on the road. Councilwoman Glick said water & sewer was deleted from the project and we made an error. Whether we like it or not, we have identified a necessity. Are the other projects cast in concrete and cannot be changed? Atty. Delahay said the posture the City is in right now, the con- tractor wants a decision right now. The reconsider- ation would move it forward 2 weeks. If the contractor moves equipment in and we cancel, it will cost us far more than $120,000. Mr. Brighton said, had we known then what we know now, we would not be in this position. There were numerous public hearings. Council make a decision based on information avail- able. Now we find ourselves in a dilemma. He noted the Finance Director has given us figures that say we can do the project but we will deplete present funds. Municipal Aid are monies that are undesignated and will come July 1, 1982. Councilman Wagoner asked, how would that affect present funds? Mr. Brighton replied, interest is lost on funds drawing interest but we draw interest till we expend funds. The loss will be minimal. Finance Director Brown said the money available after July 1 can be used for large projects. Council would have to use some kind of restraint, we would have to expend capital improvement money over 5 year period on capital projects. MOTION, Immediate Reconsiderations Councilman Wagoner moved, seconded by Councilwoman Glick, for immediate reconsideration and withdrew his request for reconsideration at next meeting. Councilman Wagoner said we could have people at every meeting asking us to change our Capital Im- prove►nent Projects. VOTE, Reconsiderations Motion passed by unanimous roll call vote. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to delete the portion relating to Lawton KENAI CITY COUNCIL Partial Translation, April 21, 1982 Page 5 to Fiddler, reduce the prcject cost from $760,000 to $527,000 on the water & sewer portion. Councilman Wise explained, the reason for deletion is, if we delay, it will not affect the basic project and will be available for DEC funds. Now the road work is planned in that area. He would prefer we do other areas rather than go back and do it over. Councilwoman Glick asked, would he. consider it as an alternative? Councilman wise replied, the reason is it would come out of the hip pocket of the City. It would lower the cost about $230,000. VOTE, Amendment: Motion passed, with Councilman Wagoner voting no. VOTE, Main Motion with Amendment: Motion passed, with Councilman Wagoner voting no. Councilwoman Glick asked that Administration prepare the necessary appropriating ordinance for introduction at the next Council meeting. Councilman Wise asked the a grant application be prepared from DEC. The grant request was for additional completion phase of the project.. Councilman Mueller said he would like to see proof of contamination in the letter to DEC. John Williams. He would like to cover the contamina- tion and�al content in the tests. All the residents could get their samples together and submit them to the laboratory in Anchorage. Mr. Kornelis agreed and added this could be done in the area. Councilman Measles asked, is he State certified? Mr. Korneli.s replied yes. j&wht Whelan, City Clerk 77-