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HomeMy WebLinkAbout1982-07-21 Council MinutesAGENDA KENAI CITY C0UNCIL — REGULAR 14EETING DULY SIT 1982 PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEA''.D 1. Quadra Engrg. - Drainage Study C. PUBLIC HEARINGS 1. Ordinance 785-82 - Amending Kenai Muncipal Code - Appointment. of Acting City Clerk 2. Ordinance 796-82 - Amending Kenai Municipal Code - Appointment of Acting City Manager 3. Ordinance 787-82 - Amending Kenai Municipal Code - Exept Subdivisions Prepared by City and to Allow Subdividers to Post Security other than Bond or Check 4. Ordinance 788-82 - Increasing Rev/Appns - Salaries in Senior Citizen Center - $5,365 5. Ordinance 789-82 - Amending Kenai Muncipal Code - Limit Employment of Councilmembers 6. Resolution 82-62 - Establishing Deputy City Clerk 7. Resolution 82-68 - Accepting Grant increase from State - Sewer Treatment Plant - $21,083 S. Resolution 82-69 - Transfer of Funds - Foam Concentrate for Fire Crash Truck - $10,000 9. Resolution 82-70 - Transfer of Funds - Senior Citizen Center - $235,700 10. Resolution 82-71 - Awarding Contract for Senior Citizen Center - Cordova Construction 11. Resolution 82-72 - Transfer of Funds - Repair Broken Sewer Line - $8,000 D MINUTES 1. Regular Meetina, July 7, 1982 E. CORRESPONDEYCE 1. Thompson Park Residents - Intstallation of Sewer Lines F. OLD BUSINESS G • UL41 BUDZUESS I. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 791-82 - Amending Kenai Municipal Code - Improvement Districts ordinance 792-82 - Amending Kenai Municipal Code - Control Of Legislative Transportation Accounts 5, Ordinance 793-82 - Amending Kenai Muncipal Code Dedication of Funds for Sale of City Lands to Capital Improvement Reserve 6. Discussion - Frontage Rd. Construction - Final Pay Estimate i Contractor's Claims Settlement 8, Discussion - Removal of Community Center Building 9, Discussion - Capital Improvement Projects Priority List 10. Discussion - Airport Terminal Space 11. Resignation of City Attorney 12. Change Orders, Lawton, Tinker, walker, Rogers a, #6 - Lawton Extension, water b Sewer b. 87 - 14th Ave. Sewer c. #8 - Crow Subdivision 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 NOT SCHEDULED TO BE HEARD ADJOURNMENT I . f a NEW it KENAI CITY COUNCIL - REGULAR MEETING, MINUTES �.: JULY 21, 1982 - 7:00 PM KENAI CITY ADMINISTRATION BUILDING VICE MAYOR BE'f"f`Y GLP7R PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Ron Malston, Dick Mueller, John Wise, M Betty Glick Absents Ray Measles, Tom Wagoner, Vincent O'Reilly (all excused) AGENDA APPROVAL 1. Vice Mayor Glick asked that items G-8, Removal of Community Center Bldg, and G-9, Capital im- provement Projects Priority List, be listed as items 8-2 and 8-3. There were persons in attend- ance who wished to speak on these subjects. 2. Councilman Wise asked that item G-4, Ord.792-82 be deleted as the proponent was not in attendance. Council agreed to the changes. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Quadra Engrg. - Drainage Study Jim Macinnis spoke. The material brought this date is just informational, they will have a meeting at a later date. Councilman Wise noted all the drains are to the Spur Hwy. Who will replace it when Spur Hwy. washes away? Mr. Maclnnis explained, the erosion pro- blem is severe on the bluff. They have used the infil- tration processes all over Alaska and have been successful. They will use in -ground seepage. Councilman Mueller said, regarding Section 36. There will be pretty in- tensive work in the next few years. What; type of in- filtration are they talking about and what amount of land will they take up? Mr. Macinnis replied, it depends on the type of development. In Anchorage (which is similar) it has been deep -manhole. They take up no more room than ordinary man holes. Council- man Mueller said he would oppose open ditches in any area because: a. They breed insects. b. They are a menace to small children. Mr. Macinnis said in low density development it will drain off, but not in high density. Normally open ditches are used as a transition situation. As the area develops, ditches are no longer acceptable. Every foot of pipe is maintenance cost. They prefer to look at cost as well as service. He added he would like to have the preliminary report ready for the work session. Council agreed to have the public hearing on Aug. 18, 1982. B-2 Discussion - Removal of Community Center Building 1. Roger Meeks spoke. The main reason the Historical Society wants the building is for its historic value. They did not know it would be discussed at the last meeting. This was the first public building built by the citizens of Kenai. it was built with volunteer materials. Their main concern is to preserve the building. It has not been rented to raise funds, but to pay for up -keep. The City has put the cost of repairs at $1,000. City people could be used. They have asked to KENAI CITY COUNCIL JULY 21, 1982 Page 2 i have the furnace and the windows fixed. They have rented the building for 5 years, they have a lease this year. They should have been consulted before the City took action. Regarding the building not being an asset to the City: a. They do not rent it to people for profit, but for non-profit. b. As to it being an eyesore, it depends on how you look at it. $200 would make it look good. They are asking for: a. The furnace & windows be repaired. b. Let the Historical Society rent it. i C. Let the Historical Society make repairs, if they don't keep it up, then the City can come back to them. 2. Francis Meeks spoke. This is part of Kenai's history._ Kenai Historical Society has paid the insurance and utility bills since 1977. City Manager Brighton said he did not know if the lease had been renewed or not. He did not want anyone to think the City let the lease run out so they could remove it. The City carries the building insurance, the Historical Society pays the liability insurance I and utilities. 3. Ruby Coyle spoke. The building was used as a library when the old school house was torn down. It served the area north of Kenai and south to Tustemana. It was organized by the Kenai Civic League. The building has a concrete base, the inside is well insulated. It has asbestos shingles on the side, the roof does not leak. The building has historical value. 4. Father Targonsky, Holy Assumption of the Virgin Mary (Russian) Orthodox Church, spoke. He is in favor of keeping the building. He would like to see it on the list of national historical places. He asked the Council to be very careful of destroy- ing old buildings. We will lose pride in our history. - S. Architect Carmen Gintoli spoke. He is in favor of retaining the building. we do not have much history here. There is a great movement around the Country to preserve old buildings. 6. Ruby Coyle. It not only housed our first library, but the health nurse, the first volunteer fire dept., and the visiting dentist. It was the only functional public building in the area except the school building. 7. Jettie Paterson spoke. The expressions already made carry out her feelings. She has perfect confidence in our Council, and with the testi- mony here this night, the City will preserve the building. Give them a chance, the Kenai histor- ical Society is sincerely trying to carry on the heritage of the community. The Society has kept careful records of use and rentals. This has all been done by volunteers. The original acquisition came through Territorial Kept. of Education. When the school went to a new build- ing, the property was given to the City through Z 4i KENAI CITY COUNCIL JULY 21. , 1982 Page 3 the Civic League. it was to be used for community purposes. Rental is to non-profit organizations. 140TION s Councilman Wise moved to rescind the previous motion. (To take bids on the building to be torn down and removed from the premises. Action taken 7-7-82) Vice Mayor Glick asked if any action had been taken on the building. City Manager Brighton replied no. Motion died for lack of a second. MOTION: Councilman Malston moved, seconded by Councilman Mueller, that Administration not take any action in demolition of the building till after the next meeting so we will have a full Council. i I Councilman Malston said it is important that every- one hear what was said tonight. (7-21-82) Council- man Mueller said he would like to talk with City ' Manager Brighton and Public Works Director Kornelis for cost of repair and look at the building himself. Councilman 24alston asked that the Fire Marshall have an evaluation of the building for the next Council meeting. VOTES Motion passed by unanimous consent. B-3 Discussion - Capital Improvement Projects Priority List 1. Janette Neal, representing the Library Board, spoke. They urge Council to stick to the list as presented in Juneau. The City looks great. We _-- are going down the list. The library needs are a„ great. Expansion will be at the top of the list next year. Councilman Wise said he was not against the library, but he is aga;.nst the priority list. Councilman -- Mueller said the list needs to be reviewed. Paving _ of VIP Subdivision should be below others, such as =` water & sewer in Linwood/Candlelight, water & sewer l in Thompson Park. Water & sewer will need to take f precedence over roads. Vice Mayor Glick said Mayor 111 O'Reilly has suggested a work session to review the Capital Improvement Projects and $250 per capita. Public Works Director Korneli.s said right now we are 2 or 3 years ahead of other municipalities because we _- get the engineering done early. It will take about a month to get the engineering proposals ready. Time is important to get the preliminary engineering done before Winter. 2. Ruby Coyle spoke. At the budget sessions she mentioned a fire station for East Kenai. Any time there is a person in Kenai that does not have adequate fire protection, Council is contributing to neglect of its citizens. We have been in the City since 1959 and have as much protection as Caribou Hills. We pay the same taxes as the rest of the City. The next thing added to the list should be a fire station. North Kenai has a better fire rating that some people within the 4. KENAI CITY COUNCIL JULY 21,1982 Page 4 City. C. PUBLIC HEARING C-1 Ordinance 785-82 Amending Kenai Municipal Code - Appointment of Acting City Clerk Atty. Delahay noted there is the amendment proposed by Councilman Wagoner and another proposed amendment in the packet. MOTION, Amendment to Amendment: Councilman Mueller moved to amend the amendment as per Item C before us. Motion died for lack of a second. VOTE, Amendment as submitted by Councilman Wagoner: (failed) Yes: Malston No., Mueller, wise, Glick There was no public comment. Councilman Malston said it does not give Council a chance to hire .another person. It has to be a person presently employed by the City. Atty. Delahay said it could be amended, 1.25.030(b)(1), line 3, after the word "Clerk," add the words "among City employees." MOTIONS Councilman Malston moved to amend the ordinance per Atty. Delahay's suggestion. Motion died for lack of a second. VOTE, Main motion for adoption of ordinances (failed) Yess Mueller, Glick Not 24alston, wise REQUEST FOR RECONSIDERATION: Vice Mayor Glick asked for reconsideration at the next meeting. Atty. Delahay explained this was not possible, as she did not vote on the prevailing side. C-2 Ordinance 786-82 - Amending Kenai Municipal Cody - Appointment of Acting City Manager MOTION, Amendments Councilman Mueller moved to amend as per amendment attached to this motion for paragraph C. Motion died for lack of a second. There was no public comment. VOTE, Main Motion for Adoption of Ordinance: (failed) Yess Malston, Mueller No: wise, Glick REQUEST FOR RECONSIDERATION: Vice Mayor Glick asked for reconsideration at the next meeting. L. ` KENAI CITY COUNCIL DULY 21, 1992 Page 5 C-3 Ordinance 787-82 - Amending Kenai Municipal Code - Except Subdivisions Prepared by City and to Allow Subdividers to Post Security other than Bond or Check MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to adopt the ordinance. There was no pubic comment. Councilman Wise asked if we have proof of publication. This was not done. MOTION, Postponements Councilman Mueller moved, seconded by Councilman Malston, to postpone the ordinance till the August 18, 1982 meeting and have the Clerk publish. Motion passed unanimously by roll call vote. C-4 Ordinance 788-82 - Increasing Rev/Appns - Salaries in Senior Citizen Center - $5,365 MOTION: Councilman Malston moved, seconded by Councilman Mueller, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Ordinance 789-82 - Amending Kenai Municipal Code - Limit Employment of Couiicilmembers No action was taker. on this item. C-6 Resolution 82-62 - Establishing Deputy City Clerk Atty. Delahay explained that since the ordinance failed, the resolution cannot have action. No action was taken on this item. C-7 Resolution 82-68 - Accepting Grant Increase from State - Sewer Treatment Plant - $21,083 MOTION s Councilman Malston moved, seconded by Councilman Mueller, to adopt the resolution. There was no public commont. Motion passed unanimously by roll call vote. C-8 Resolution 82-69 - Transfer of Funds - Foam Concen- trate for Fire Crash Truck - $10,000 MOTION: Councilman Malston moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Councilman Mueller asked if the truck had been delivered? Fire Chief WinAtcn =plied, it will be here in the middle or the and of August. KENAI CITY COUNCIL JULY 21, 1982 > Page 6 Motion passed by unanimous consent. C-9 Resolution 82-70 - Transfer of Funds - Senior Citizen Center - $235,700 MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Councilman Malston asked if there was that wacunt of money available. Finance Director Brown explained when the ordinance was prepared for $1 Million, re did not have firm figures. They had to be changed. Councilman Wise asked, is there any money left in land purchase allocation? City Manager Brighton replied, $36,000. Councilman Measles asked, is there enough money left in engineering & inspection? Finance Director Brown replied yes. Motion passed unanimously by roll call vote. C-10 Resolution 82-71 - Awarding Contract for Senior Citizen Center - Cordova Construction i MOTION: Councilman Malston moved, seconded by Councilman =` Mueller, to adopt the resolution. - There was no public comment. Motion passed unanimously by roll call vote. = C-11 Resolution 82-72 - Transfer of Funds - Repair Broken Sewer Line - $8,000 MOTION s Councilman Malston moved, seconded by Councilman Mueller, to adopt the resolution. `. There was no public comment. Councilman Mueller asked, where is the break? Was it caused by capital improvement contractors or was it a natural break? Public Works Director Kornelis explained, it is a service line on Paula St. The break is in a City street and is below water table. This is a rough estimate. This sets up an account to go out to bids. It is not in a construction area. It has been a re -occurring problem for 1-1/2 years. Councilman Malston asked, how much money did we have in contingency for this? Finance Director Brown re- plied, this is it. Water, Sewer Treatment Plant, Streets have funds. F Motion passed unanimously by roll call vote. D. MINUTES ij D-1 Regular Meeting, July 7, 1982 Clerk Whelan said Atty. Delahay had asked that the following corrections be mades - — Page 14, last paragraph, line 4, the word "holeb" be changed to "poles." ft_ 1 KENAI CITY COUNCIL DULY 21, 1982 Page 7 Page 1.5, paragraph 3, line 6, "They State is" should read, "The State is." Page 17, item #2, line 14, delete the word "not." Council approved the minutes as corrected. E. CORRESPONDENCE E-1 Thompson Park Residents - Installation of Sewer Lines Vice Mayor Glick said we are acknowledging receipt of the letters. Councilman Wise asked if the City Manager's letter had gone out. Mr. Brighton replied yes. P. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve the bills as submitted. > Councilman Mueller asked, are we obligated to pay the higher rate than what was billed on the p Tauriainen bill? Atty. Delahay replied, our contract requires us to pay labor rates as set. That would - be quite proper. Public Works Director Rornelis _ explained, that still will not go over their not to -exceed figure. The funds will be sufficient for this portion. The increase in union wages would c — f not require an increase in the net -to -exceed figure. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 . , MOTION s Councilman Malston moved, seconded by Councilman Mueller, to approve the requisitions. Motion passed by unanimous consent. G-3 Ordinance 791-82 Amending Kenai Municipal Code - Improvement Districts MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to introduce the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilman Mueller, to amend the ordinance on page 12, index, add "16.20.070 Proration of Assessment"; and page 14, item 16.20.070(a), add at the end of the paragraph, "by the subdivider and approved by the Administration." Councilman Wise explained, the intent for proration of assessment must be handled with a statement that it is done. It should be done by the subdivider and approved by Administration. I„ KENAI CITY COUNCIL JULY 21, 1982 Page 8 VOTE, Amendments Motion passed unanimously by roll call vote. Councilman Wise said page 3, item 16.05.030, regarding 50% or more of property. That is a major chance. The reason is a number of projects will be supplemented by DEC and will make it possible to fund. Also, j page 6, the interim report to Council before Admin- istration does much action. These 2 things were not in the previous ordinance. The old ordinance did not say the cost of the project. 50% of the property owners must have interest. VOTE, Main Motion with Amendments Motion passed by unanimous consent. G-5 Ordinance 793-82 - Amending Kenai Municipal Code - Dedication of Funds for Sale of City Lands to Capital Improvement Reserve MOTIONS Councilman Wise moved, seconded by Councilman Malston, to introduce the ordinance. Vice Mayor Glick noted ord. 341-77 was passed out this date (7-21-82) relating to this ordinance. Atty. Delahay explained there are some differences between the 2 ordinances. He was not aware of the old ordinance when the new one was drafted. MOTION, Amendments Councilman Wise moved, seconded by Councilman Malston, to repeal ordinance 341-77 upon passage of ordinance 793-82. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amended: (failed) Yess Malston, Wise Nos Mueller, Glick REQUEST FOR RECONSIDERATION: Vice Mayor Glick asked for reconsideration at the next meeting. G-6 Discussion - Frontage Rd. Construction - Final Pay Estimate & Contractor's Claims Settlement Public Works Director Kornelis explained Phil Bryson recommended paying per the enclosed letter. This should be contingent upon receipt of release of claims from Doyle. Administration recommends payment. MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve payment to Doyle. Councilman Mueller noted there is a $6,000 survey and staking error. Is the City responsible for this? Mr. Kornelis explained, this pay estimate is from Doyle. The contract with the engineers (Wince, Corthell & Bryson) handles the survey. The errors were not the fault of Doyle. Because of the errors, KENAI CITY COUNCIL JULY 21, 1982 Page 9 VOTES the contract was held up. We are liable to Doyle. The question should be brought up in the final contract with Wince, Corthell & Bryson. We have retainage with that. Motion passed unanimously by roll call vote. G-10 Discussion - Airport Termi,:al Space Vice Mayor Glick asked about item #2. City Manager Brighton explained that is for longer term leases, Airport Manager Swalley explained, in bidding, they have to take into consideration inflation in bids. The form on the back of the avamo was from Wisconsin to be used as an example. At the last Council meet- ing, it was not specified if this was to be open bid or current rental agencies. He was informed later it was to be for current tenants. Councilman Malston asked, just for car rentals? Mr. Swalley replied yes. Councilman Malston asked, what about commuter airlines? Mr. Swalley replied, at Anchorage International Airport they do not bid airline space. They go by number of planes flown. They feel going on a flat rate was more satisfactory. Councilman Mueller said he thought this was to include carrier counter spaces. He added, 3 years would benefit both the City and tenants. it would allow everyone to assess their position for future years. With only 4 spaces there is not thst great amount of movement. He would like to see minimum bid for all spaces in the airport. Councilman Wise said his reflection on bid was who would get the spaces. That would include carriers also. Space allocation on airline and cars has not been settled. The lot spaces would be a boon to whoever holds it and will be of more value. Vice Mayor Glick asked Airport Manager Swalley what he would recommend. Mr. Swallsay replied, 3 years or more. With closed bids it would be more advantageous. With open bidding, it would be better to stagger terms so they do not all come at the same time. He did not see the advantage to bidding process in the present situation. Councilman Wise said bidding is much more fair, it is not the function of Council to argue with individuals who gets what. Mr. Swalley said he would request Council establish policy, either by longevity or revenues produced. The highest revenue would get 1st choice. City Manager Brighton added, the bid documentation would provide the number of dollars per square foot, if 2 people have the same bid Mr. Swalley has the authority to assign. If you let each bid go by the highest, conceivably one company could get all the spacea. He said he would get the information on airline commuters at the next meeting. Councilman Mueller noted the proposal said one space would be for each company. Mr. Swalley said we are doing this at a good time, but we still have time to decide. Car rentals will be in the Spring, airlines will be the lot part of 1983. MOTION, Postpones Councilman Mueller moved, seconded by Councilman Wise, to postpone till the next meeting when Council- man Wagoner is here. VOTES (passed) Yess Mueller, Wise, Glick NO: Malston KENAI CITY COUNCIL JULY 21, 1982 Page 10 C-11 Resignation of City Attorney Atty. Delahay explained the resignation is not before Council, but the replacement problem. There have been suggestions of an overlap to help with taking over and give him time to complete projects. He has asked to have notice sent to every active attorney in the State. Because of possible overlap, he has asked for an early return hate. He suggested 2 meetings, one for interview selection and one for interviews. The 2nd one should be a special meeting, so selection could be made at the same time. tie assumed the new attorney would not make as much as he is making, so there would be enough in the budget for overlap. MOTION i f Councilman Malston moved to have a 30 day overlap. Motion died for lack of a second. i Councilman Wise said he did not know of any City in Alaska or the Lower 48 with a population of less than - 5,000 that has a full time attorney. We cannot afford it and it is not necessary. There are many cities of T-" comparable size and larger that operate quite effectively. Administration writes the resolutions and ordinances. `- MOTIONs Councilman Mueller moved to have a maximum of 2 weeks overlap. Motion died for lack of a second. c, City Manager Brighton suggested, he will be asking for a work session, we could discuss this at that time. Regarding a full-time attorney. There are not many cities here or in the Lower 48 that have $10 Million worth of contracts, all of which pose liability to Council. Also, there are not any cities that have from $3 Million to $8 Million worth of — real estate which Council is responsible for. Council "n Wise said attorneys are not omnipotent in all items. There are specialized attorneys. By going the contractual route we may be able to get expertise from different attorneys. MOTIONS Councilman Malsi.on moved to instruct the attorney to send the letter out and add Sept. 1, 1982 as the date. Motion died for lack of a second. MOTIONS •` u. Councilman Mueller moved, seconded by Councilman Malston, to provide for a 2 week overlap. MOTION, Postpones Councilman Malston moved, seconded by Councilman wise, to postpone any action to the next meeting. VOTE, Postpones Motion passed unanimously by roll. call vote. a J K914AX CITY CC N- CIL JULY 21, 1982 Page 11 MOTIONS Councilman Nueller shoved, seconded by Councilman Malston, to send out the letter, and delete the last sentence, lot paragraph, 2nd page of the proposed letter. VOTE s (pasted) Yens Halton, Mueller, Glick Not wise G-12 Change Orders, Lawton, Tinker, Walker, Rogers a. #6 - Lawton Extension, water 6 Sewer b. #7 - 14th Ave. sewer Co #8 - Crow Subdivision Vice Mayor Glick explained the change orders have not been done. City Manager Brighton explained Councilman wise had asked for these. Regarding putting in water & sewer in Candlelight & Linwood next year, we need a stub -out at the end of the street. Things have changed since the beginning of the project, that is the reason. Public, works Director Kornelis said at the intersection, work started last Pall. There was no feeling we would do water & sewer at that time. The contractor gave a $29r050.40 price for a short period of time for the stub out. Administration felt this was some- what expensive. He suggested postponement till the Candlelight/Linwood job is done, even if we have to remove part of the paving. Public Works Director Kornelis then discussed Deep - wood Park. The water goes to a oul de sac. This change order if for sewer stub outs for futace expans- ion on a road not made yet. The reason it was not stubbed out is there is no plan to develop. He noted Crow Subdivision has submitted a plan, there ii none here. The developer usually has the respon- sibility of tying in, Administration recommends the developer do this. The contractor price was over $11,000. Administration recommends this be left up to the developer. Public works Director Kornelis discussed Crow Sub- division. The developer said he would pay 50% of stub outs if DEC paid the other 50%. $42,780 was the contractor's price. There would be water Z sewer stub outs. DEC is out of funds right now, and has changed their funding procedures. They will ask For the list of priorities sent to the Legislature. it would be like a capital improvement list. But DEC said they will have enough funds to do. This would be a policy decision of Council. Vice Mayor Glick said DEC will be able to pay, but has not set a cost. Mr. Kornelis said it would be added to Lawton, Tinker, Walker, Rogers project. The subdivider has not rec- eivod the figures either. Councilman Mueller suggested adding something to it that he will have assurance within a reasonable tsme. Mr. Kornelis replied yes, we are administrating the funds. Atty. Delahay noted it would be hard to enforce an agreement. Without City funds, it would only be more valuables if he puts it up for sale. Councilman wise said we would have to have an escrow account established. Finance Director Brown said we would have to appropriate the money, estimate revenue from the contractor and DEC. It might he a small assessment district. Also, DEC has "aid they will grant eligibility but have not said we can KENAI CITY COUNCIL JULY 21, 1982 Page 12 change to more than the grant amount. He suggested we see if we have a grant increase. Atty. Delahay said we can have assessment districts or deeds of trust. Also, If the City makes an obligation and DEC does not approve, we are loft with City expense. Mr. Kornelis said there is a contingency in DEC funds. They will give us a grant increase. we will have to figure the conting- ency before we go to the contractor. Councilman wise said, it should be a cash bond or CD where we don't extend our money. tor. Kornelis said this is stubbed out and can be done any time. The other 2 must be done this week end. Vice Mayor Glick said Lawton water & sewer extension was discussed and they felt it was a necessity. Don't we have monies for this? Mr. Kornelis replied, we have a contingency for the whole project. Vice Mayor Glick said since we are dealing with high water tables, once we pave that, we may end up replac- ing considerable amount of black top. would it be more economical to do it now? Mr. Kornelis replied he did not think so. They would be de -watering. The City does not have the equipment to do that. Also, it would not be cost to the City, but to the developer. Councilman Wise said there has been design for extended water i sewer for Candlelight/Linwood for 3 years now. We are committed to water b sewer there next year. We could use current DEC funds available for the $29,000. Councilman Wise said, regarding 14th St. The City has made policy by extending before. Crow has design, this does not. would Administration approve dead - ending? Mr. Kornelis replied, yes if it was proper- ly engineered. He added, there is no policy to put in sewer lines. There has been no request for stub - outs. City Manager Brighton asked Mr. Kornelis, are all 3 change orders able to be funded by DEC? Mr. Kornelis replied yes. Mr. Brighton said when engin- eering got the prices, Administration felt we could do it cheaper next year. He did not know all 3 were fund -eligible. City Engineer LaShot said with a bid situation next year, we could do it cheaper. MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to approve change order #8 and #6, and disapprove #7 on the basis that at this point we i have had no request. --=-- MOTION, Amendment. Councilman Mueller moved, with consent of second, to amend the motion on the condition the owner of Crow Subdivision provides his share in cash in a manner approved by Council, and approved by DEC. Finance Director Brown said we should not approve change orders contingent to conditions. lie cannot agree with this, they are circumventing public hearing. Vice Mayor Glick said generally when we approve, it is subject to DEC approval. Finance Director Brown said once you make change orders to exceed the grant, you do not guarantee reimbursement. He would like to review this. He is sure $71,000 is above the grant. Councilman Malston asked to divide the question. a KENAI CITY COUNCIL JUI.Y 21, 1982 Page 13 VOTE, Motion as Amended (#6 only): Motion passed unanimously by roll call vote. MOTION: Councilman Malston moved, seconded by Councilman Wise, to postpone action on change order #8 till a the next meeting. Motion passed by unanimous consent. Councilman Wise asked City Manager Brighton to review the policy and legal liability on 14th St. In approv- ing Crow stub out, we established policy. By not open- ing 14th St. we are opening ourselves to legal liability. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. The Chamber of Commerce is sponsoring a circus Aug. 16. They are planning to locate on the FAA grounds. They will need Council consent. MOTIONS Councilman Malston move;, seconded by Councilman Mueller, for approval of allowing the circus to perform on the FAA grounds. ' Councilman Wise asked if they furnish a clean-up bond. Councilman Malston noted there is some diff- erence there now because of the road there. Is there still adequate space? Mr. Brighton said yes. VOTES ` Motion passed by unanimous consent. 'y 2. A cover letter and questionnaire were sent to all land owners in Thompson Park for a concensus on water & sewer. They have 30 days to respond. 3. He asked for a work session on: `..b a Capital Improvement Projects b. Proposed contact with hospital for EMT's c. Ordinance W 82 on improvement districts Response from HEA Bd. regarding Council's latest proposal Councilman Mueller said, regarding the letter to HEA. The amendment to the motion offering 50% was deleted from the letter that it would cover KCL lines °; Uf and would stop at full payment. City Manager `.- Brighton said HEA told him they would not accept anyhow. Councilman Wise asked, are we obligated to use capital improvement money only on roads, etc.? Do we have any discretion? City Manager Brighton replied $2.6 Million is for old projects. Councilman wise asked if we could use it for Candlelight & Linwood. City Manager Brighton replied they were not line - itemed. He will check. M KENAI CITY COUNCIL JULY 21, 1982 Page 14 H--2 City Attorney Atty. Delahay spoke. 1. The Borough has filed an appeal on the sludge case. 2. Public Works Director Kornelis has sent the utility letter out. KUSCO has asked for standardization. 3. Alaska Municipal League Legislative Committee will be having a meeting in Valdez Sept. 8 through Sept. 10. He would like to go if Council has no objections. H-3 Mayor Vice Mayor Glick spoke. 1. Council agreed to a work session Tuesday, Aug. 3 at 700 PM. They will have an agenda, distributed in the July 30 packet. 2. She attended an oil luncheon this date. (7-21-82) There were very good speakers. It was in recognition of 25 years in the oil industry. Councilman Malston asked Clerk Whelan to call all the Councilmembers regarding the work session. Vice Mayor Glick asked Clerk Whelan to send a letter of thanks to Gov. Hammond for his veto of SB-180, Title 29 changes. She will sign it. H-4 Clerk None H-5 Finance Director None H-6 Planning & Zoning Vice Mayor Glick spoke. 1. There was a discussion on town houses at the last meeting. Atty. Delahay is working on research. Atty. Delahay said he suggested with the growth of town houses popularity, they should have an ord. regarding this. H-7 Harbor Commission None H-8 Recreation Commission Councilman Malston said there had not been a meeting because of lack of a quorum. Recreation Director McGillivray said they completed the ARCO Jesse Ownes games. Kenai people placed 1st and will go to Los Angeles. 34 from our area and they brought back 23 medals. He has been asked to accompany the kids to Los Angeles. Transportation is provided by ARCO. v i I t-. 0 KENAI CITY COUNCIL JULY 21, 1982 Page 15 Council agreed to the trip. ADJOURNMENT Council adjourned at 12:00 Midnight. Janet Whelan City clerk k III