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HomeMy WebLinkAbout1982-08-04 Council MinutesAGENDA XENAI CITY COUNCIL - REGULAR MEETING AUGUST 4, 1982 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Paul Weller - Possibility of City Water to ARCO Warehouse 2. Roger Meeks - Community Center Building C. PUBLIC HEARINGS 1. Ordinance 786-82 - Amending Kenai Municipal Code - Appointment of Deputy City Manager 2. Ordinance 791-82 - Amending Kenai Municipal Code - Improvement Districts 3. Resolution 82-73 - Requesting Municipal Assistance from State 4. Resolution 82-74 - Accepting 1982 Municipal Grants from State 5. Resolution 82-75 - Awarding Bid for Chain Link Fencing, Ft. Kenay •- Peninsula Pence 6. Resolution 82-76 - Awarding Bid for Sewer Connection Repair, Psula St. - Zubeck Inc. - $5,000 7. Resolution 82-77 - Award of Bid, Airport Expansion - H. Halvorson, Inc. - $1,597,600 S. Resolution 82-78 - Endorsing Borough School Board Recommendation - School Construction be Combined in One Proposition for Voting 9. Resolution 82-79 - Transfer of Funds - Overtime for Surveying - Forest & Gill, 1st, Birch, 4th - $4,400 10. Resolution 82-80 - Transfer of Funds - Change Orders #6 & #7 - Lawton, Walker, Tinker, Rogers - $29,451 a. Change Order #7 - $400 11. Resolution 82-81 - Transfer of Funds - Change Order #5 - Main St. Loop & Barnacle - $900 a. Change Order #S.- $900 D. MINUTES 1. Regular Meeting, July 21, 1982 E. CORRESPONDENCE F. OLD BUSINESS � •� 3 1. Ordinance 2Ar 82 - Amending Kenai Municipal Code - Dedication of Monies from Sale of City Lands G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 -.-- - --- -1 3. Ordinance 792-82 - Amending Kenai Municipal Code - Cantrol of Legislative Transportation Accounts 4. Ordinance 794-82 - Amending Kenai Municipal Code - Appointment of Deputy City Clerk 5. Ordinance 795-82 - Amending Kenai Municipal Code - Limit Employment of Council Members 6. Ordinance 796-82 - Increasing Rev/Appns - Kenai Borough Senior Citizen Grant - $39,650 a. Public Hearing 7. Ordinance 797-82 - Increasing Rev/Appns - Kenai. Senior Citizen Project - $83,621 a. Public Hearing S. Ordinance 798-82 - Amending Kenai Municipal Code - Adopting Uniform Building Code 9. Ordinance 799-82 - Charter Amendment - Change Location of Uniform Codes Material 10. Ordinance 800-82 - Amending Kenai Municipal Code - Oil & Gas well Leasing Policies 11. Ordinance 801-82 - Increasing Rev/Appns - State Grant, Pt. Kenay Restoration - $2,000 12. Ordinance 802-82 - Increasing Rev/Appns - Airport Fencing - $120,000 13. Discussion - Bidding for Terminal Space a. Airport Manager Swalley, Airline Bidding b. Architect Carmen Gintoli, Lease Rates 14. Discussion - Change Order #8 - Lawton, Tinker, Walker, Rogers 15. Request for $7,500 Grant for Chamber of Commerce B. 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 KENAI CITY COUNCIL - REGULAR MEETING, MINUTES AUGUST 4, 1982 - 7:00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Dick Mueller, John Wise, Vincent O'Reilly, Betty Glick, Ron Malston Absent: Ray Measles (excused), Tom Wagoner (arrived 7:30 PM) AGENDA APPROVAL 1. Mayor O'Reilly asked that item F-2 be added, Hiring of New Attorney for 2 Week Overlap 2. Mayor O'Reilly asked that item G-8, the word "Building" be changed to "Fire." 3. Councilman Wise asked that item C-1, Ordinance 786-82, be place under Old Business, item F-3. Council approved the changes. i ACKNOWLEDGEMENTS: 1. Mayor O'Reilly noted the Senior Citizens present a for the meeting. 2. Mayor O'Reilly noted a citizen of the City who ,- has given the City much service for many years. -I He presented a plaque to Planning & Zoning f Commission Chairman Phil Bryson. B. PUBLIC HEARINGS B-1 Paul Weller - Possibility of City Water to ARCO Warehouse Mr. Weller explained he was there mainly for infor- mation. He wanted to know if the City had any plans in that area. Public Works Director Kornelis referred to the memo dated 1981 passed out this date. (8-4-82) He added, as far as he knew, there is no plan to run water out there. There was one system proposed, but it was never done. The plans were reviewed by the City. The water line would probably be 10", ARCO is at the end of the City, it would not have to be very large. Councilwoman Glick noted there are other subdivisions planned, would it be to our benefit to have a larger line there? Mr. Kornelis agreed, but added, around the building it would not have to be large. The City could tie from the water line on Wildwood Blvd. or from Lilac. Councilwoman Glick said if we are going to run a main line, ARCO should not have to pay for the whole line. Mayor O'Reilly asked that the Public Works Committee review this. B-2 Roger Meeks - Community Center Building He reviewed his comments from the last meeting for those who were not present. The Historical Society has not repaired the building, but were in the process of getting money when the water line broke. The City said they would look at it in the Spring and get back to us. When they got an answer, the price was exorbitant. He thought $400 was closer. He thought the City should give them a chance to fix the building. COUNCILMAN WAGONER ARRIVED AT THIS POINT. (7:30 PM) KENAI CITY COUNCIL AUGUST 4, 1982 Page 2 Mr. Meeks continued. There are many buildings unoccupied for a portion of the year. As long as it is not hurt- ing anyone, he doesn't know why it has to be torn down. The Historical Society was not given a fair chance to defend it. It was brought up without being on the agenda. The Fire Marshall report said it would cost thousands of dollars to fix it. Why now? It has been used for years without these things. All of a sudden when they want it torn down, they find out all these things. It is not costing the City anything except fire insurance and water hook up expenses. As to the number of occupants, as long as they agree not to put too many in the building, it should work. Father Targonsky, Holy Assumption of the Virgin Mary (Russian) Orthodox Church. it is very important to preserve the heritage of the City. It should be looked at from all angles before tearing it down. When the old Russian school house was torn down, there was no one to stop them. The logs are still being used. He would like to have it put on the National Register of Historical Sites. Phyllis Ruckel. Outside of the preserving of hist- orical buildings, it would seem it would be wise to explore all possibilities first. We should go to minimum code, rent it out and earn more money and then bring it up to full code. Chris Martin. She asked that Council reconsider and = not demolish the building. The Arts Center was up- graded and is being used. There is little of the old things left in Kenai. Councilwoman Glick said, regarding the Fine Arts Bldg., there had been consideration of tearing it down. The remodeled and refurbished building has been well re- ceived. She did not have such strong feelings toward the Community Center Bldg. As to maintenance of the building, it is a City building, where does the res- ponsibility lie? Also, maybe it could be used for storage for the library. It could also be used by organizations for meetings till Fort Kenay is emptied. The Fine Arts building is not only for us, but for the visitors from out-of-town. It is only 28 years old, however, and may not be eligible for National Historic Register. Councilman Mueller said after looking at the building and reviewing the cost of refurbishing, he did not think it was a viable structure. Mayor O'Reilly explained this was brought up because the Council did not know the status of maintenance of City buildings. A report has been made on all the City -owned buildings in the City. There has been a large increase in the number of square feet of building space in the City. We have one maintenance man who doubles as building inspector. We have no general plan on how the buildings will be used. It is not a sinister plot by the City, we are taking 2 things into considerations the function of the building and its historic value. The Council has not heard from the Historical Society as to how they will preserve it. The Council is faced with hard decisions as to operating monies. Councilman Malston said -we cannot ignore the Fire Code when private business cannot. He could not see anything in the building of historic value. There are many buildings in Ft. Kenay that have much historic value that we are not doing anything with. No action was taken by Council. KENAI CIVf COUNCIL r AUGUST 4, l9e2 Page 3 C. PUBLIC HEARINGS C-2 Ordinance 791-82 - Amending Kenai Municipal Code - improvement Districts MOTION. - Councilwoman Glick moved, seconded by Councilman wise, to adopt the ordinance. There was no public comment. Public Works Director Kornelis said he felt there I were some things that were not clear. a. The way the cost of water & sewer is going, the value of the lot would have to be very high i� to get 25%. The City would have to pick up the additional cost. b. What is fair market value and how is it deter- mined? 1 c. Section 16.05.030, the 50% number should be { clarified. d. Section 16.05.060, the only thing now included is landscaping & seeding. e. Costs will be allocated on a square ft. basis, that is not always fair. 3 He would like to have the method cleared up. Council- man Mueller noted, he could see no reason for an assess- ment district for dust control and snow removal. There 1 were also some areas that were ambiguous. J MOTION, Postponement: Councilman Mueller moved, seconded by Councilman Wagoner, to postpone this ordinance till next meeting and attempt to have a work session to work out some of the problems and bring it back to the next meeting. (8-18-82) VOTE, Passed.- EYess Mueller, Wagoner, O'Reilly, Glick, Malston Nos Wise C-3 Resolution 82-73 - Requesting Municipal Assistance from State MOTION s Councilman Mueller moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. C-4 Resolution 82-74 - Accepting 1982 Municipal Grants from State MOTIONS Councilman Malston moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. KENAI CITY COUNCIL AUGUST 4, 1982 Page 4 Motion passed by unanimous consent. C-5 Resolution 82-75 - Awarding Bid for Chain Link Fencing, Ft. K:nay - Peninsula Pence MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to adopt the resolution. PUBLIC COMMENTS Father Targonsky, Holy Assumption of the Virgin Mary (Russian) Orthodox Church. He asked, where will the fence go? Public Works Director Kornelis replied, in- side the existing fence. Father Targonsky said, then ( there will be no problem with the lease. i Councilman Wise said he is not in favor of this, he did not think it was necessary. City Manager Brighton explained, during budget work sessions, it was discussed that there was a serious security problem. At that time the majority of Council voted to put it in. VOTE, Passeds Yess Mueller, Wagoner, O'Reilly, Glick, Malston Nos Wise DISCUSSION ITEMS Councilman Wagoner noted, there was also a fence in- stalled around the old ball field. Will the City put in topsoil and seed? City Manager Brighton replied yes. C-6 Resolution 82-76 - Awarding Bid for Sewer Connection Repair, Paula St. - Zubeck Inc. - $5,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Resolution 82-77 - Award of Bid, Airport Expansion H. Halvorson, Inc. - $1,597,600 MOTIONs Councilman Mueller moved, seconded by Councilwoman Glick, to adopt the resolution. PUBLIC COMMENTS Architect Gintoli noted, Dennis Trainor and Dick Benzell were in attendance if Council had any questions. Councilman Wise noted there was no "Now Therefore" clause in the resolution. MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Malston, to delete the last sentence, beginning with "PASSED--"; and add "Now therefore be it re- solved by the Council of the City of Kenai, Alaska that the bid for renovation and expansion of the KE'NAI CITY COUNCIL AUGUST 4, 1982 Page 5 Kenai Municipal Airport terminal building in the amount of $1,597,600 be awarded to H. Halvorson, Inc. MOTION, Correction: Councilwoman Glick, with consent of second, changed the motion to not delete the sentence beginning with "PASSED--." Motion passed by unanimous consent. Councilman Wagoner said he thought in their discussion Council was discussing as to adding vendor's supply at counters and specs done by architects and approved by Council. Architect Gintoll replied that is correct, the reason they broke these down was so the City could charge back to operators. Councilman Wagoner noted if a commuter airline does not wish to have baggage handling how do we charge back to him? Mr. Gintoli replied all the vendors said they would share the cost of conveyor cost when they were asked. Councilman Wagoner asked, do we have it in the agreement? Xr. Gintoli replied no. Councilman Wagoner noted, one of them will not even be operating out of the airport and will not share the cost. Mayor O'Reilly made note of the letter from Mr. Gintoli attached to the resolution. C-8 Resolution 82-78 - Endorsing Borough School Board Recommendation - School Construction be Combined in One Proposition for Voting MOTIONS Councilman Wagoner moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Councilwoman Glick said she thought whenever we are dealing with a large bond package, each and every project should stand on its own merit. Also, the way the School Board had the schematics done, the architects have been asked to submit without pay- ment unless it is passed. If we are really inter- ested in selling the auditorium, We should get out and sell it. Councilman wagoner said Kenai and North Kenai are as entitled to an auditorium for performing arts, gatherings, assemblies and student body meetings as any other district. The only way they are going to get it is by this method. The people who carry the school bond vote are in Kenai and North Kenai. VOTE, Faileds Yess Wagoner., O'Reilly, Malston No: Mueller, Wise, Glick C-9 Resolution 82-79 - Transfer of Funds - Overtime for Surveying - Forest & Gill, lot, Birch, 4th - $4,400 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. i i n KENAI CITY COUNCIL AUGUST 4, 1982 Page 6 C-10 Resolution 82-80 - Transfer of Funds - Change Orders #6 & #7 - Lawton, Walker, Tinker, Rogers - $29,451 MOTION: Councilman Wagoner moved, seconded by Councilwoman Glick, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10a Change Order #7 - $400 MOTIONS Councilman Wagoner moved, seconded by Councilman Malston, to approve the change order. Motion passed by unanimous consent. C-11 Resolution 82-81 - Transfer of Funds - Change Order #5 - Main St. Loop & Barnacle - $900 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-lla Change Order #5 - $900 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approve the change order. Motion passe.: by unanimous consent. D. MINUTES D-1 Regular Meeting, July 21, 1982 Clerk Whelan asked that page 13, item H-1, #3c, the ordinance should be 791. Minutes were approved as corrected. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Ordinance 793-82 - Amending Kenai Municipal Code - Dedication of Monies from Sale of City Lands MOTION, Reconsideration: Councilwoman Glick, seconded by Councilman Malston, moved for reconsideration of the ordinance. VOTE, Passed: Yes: Mueller, Wise, O'Reilly, Glick, Malston No: Wagoner I 1 I I F; KENAI CITY COUNCIL AUGUST 4, 1982 Page 7 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. MOTION, Amendment: Councilman Mueller moved, seconded by Councilwoman Glick, to amend the ordinance to read, page 3, item 7.25.090, the amount be changed to $1 Million. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE,Main Motion as Amended (Passed): Yes% Mueller, Wise, O'Reilly, Glick, Malston Nos Wagoner F-2 Hiring of New Attorney for 2 Week Overlap Atty. Delahay said there was a motion on the floor for a 2 week overlap. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Malston, to amend the time period to one month. Councilman Wise asked, in view of Borough Mayor Thompson's announcement, what is Atty. Delahay's intentions? Atty. Delahay replied, to serve till Sept. 30. VOTE, Amendment (Passed): Yess Wagoner, O'Reilly, Glick, Malston Not Mueller, Wise Councilman Wagoner asked, will we have a 4 week period by the time we have interviews, etc.? Atty. Delahay said the letter gave attorneys till Aug. 9 to submit applications. If the interviews and selection were made Aug. 14, that would leave 2 weeks for the incoming attorney to give notice to his employer. Councilman Wagoner said the City should have a longer time to check into the appli- cations, it is an impossible schedule. Councilman Mueller asked if the proposal for contract had been considered. Atty. Delahay suggested this go before Council at the same time. VOTE, Main Motion As Amended (Passed): Yess Wagoner, O'Reilly, Glick, Malston Nos Mueller, Wise F-3 Ordinance 786-82 - Amending Kenai Municipal Code - Appointment of Deputy City Manager MOTION, Reconsider: Councilwoman Glick moved, seconded by Councilman Malston, to reconsider the motion. VOTE, Reconsider (Passed): Yes: Mueller, O'Reilly, Glick, Malston No: Wagoner, Wise I 6 ■ - : . KENAI CITY COUNCIL AUGUST 4, 1982 Page 8 MOTIONs Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wagoner, moved, seconded by Councilwoman Glick, to amend the ordinance to add 1.25.030, sub- sections (c) to read, "When any period of service as City Manager by a Deputy City Manager shall be five working days or more in length, the person so serving shall be paid at the same salary rate as the City Manager during such period."; and further adding to the end of the title of the ordinance, "and for additional salary." VOTE, Amendment (Passed): Yess Mueller, Wagoner, O'Reilly, Glick No: Wise, Malston MOTION, Amendments Councilman Wise moved, seconded by Councilman Mueller, to amend the ordinance to read, page 1, item 1.05.030, line 2, the words "current City employee" be added before the words "Deputy City--." VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended (Pailed)s Yess Mueller, O'Reilly, Glick Not Wagoner, Wise, Malston 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. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approve the requisitions. Motion passed by unanimous consent. G-3 Ordinance 792-82 - Amending Kenai Municipal Code - Control of Legislative Transportation Accounts MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to introduce the substitute ordinance. VOTE, Passed: Yess Mueller, Wagoner, O'Reilly, Glick, Malston No: Wise f B c x KENAI CITY COUNCIL AUGUST 4, 1982 Page 9 MOTION, Immediate Reconsideration: Councilman Malston moved, seconded by Councilwoman Glick, for immediate reconsideration of the substi- tute ordinance. VOTE, Reconsideration (Passed): Yess Wagoner, Wise, O'Reilly, Glick, Malston Nos Mueller MOTION, Amendments Councilman Malston moved, seconded by Councilwoman Glick, to amend the ordinance to read, item 7.25,055, line 7, delete the word "unanimous." Councilman Wagoner said people expending tax dollars in any way should be approved before going. We are approving after the fact. What check do you have that you have funds in the 1st place? You have 2 reasons for thins a. approval b. are funds available? You are taking the teeth out of the ordinance. Council- __.._. man Malston replied he agreed, but one person can stop the whole thing. That is not the way Council operates, it should be a majority. Councilman Wagoner said any expenditure done in a manner that leads up to this should require unanimous consent. If it requires it, he is sure it will not be made. It was made to stop those types of expenditures. Councilman Malston said this Council is made so of 7 people, the majority rules. Councilman Wagoner replied there are places where one does rule, for instance introduction and passage of ordinances at one meeting_ There is no precedence being set here. VOTE, Amend.nent (Passed) s Yess Wise, O'Reilly, Glick, Malston NO: Mueller, Wagoner VOTE, Main Motion as Amended (Passed)s Yess Mueller, O'Reilly, Glick, Malston NO: Wagoner, Wise G-4 Ordinance 794-82 - Amending Kenai Municipal Code - -_ u' Appointment of Deputy City Clerk MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to introduce the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilman Mueller, to amend the ordinance to read, page 2, item 1.25.020, line 11, add after "the City," "shall maintain and update the Code," Councilman Wise explained, the Clerk is habitually responsible for codification. He didn't want to pay $100 an hour to maintain the Code. It should be the. Clerk'- function. Thic is id-c.-tified in Title 29 and the Municipal Clerk's procedures established KENAI CITY COUNCIL AUGUST 4, 1982 Page 10 throughout the world. Atty. Delahay said we have in the Code an ordinance that makes the attorney the revisor of the Code, to update and correct minor errors. We will have to repeal that. Councilman Wise asked if he could review it. He added, normally it is updated by contract and he found this to be effective. VOTE, Amendment (Failed)s Yess Mueller, Wise, O'Reilly Not Wagoner, Glick, Malston i VOTE, Main Motion (Passed): Yess Mueller, O'Reilly, Glick, Malston Nos Wagoner, Wise G-5 Ordinance 795-82 - Amending Kenai Municipal Code - Limit Employment of Council Members MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. VOTE, Failed: Yess O'Reilly, Glick Not Mueller, Wagoner, Wise, Malston G-6 Ordinance 796-82 - Increasing Rev/Appns - Kenai Borough Senior Citizen Grant - $39,650 a. Public Hearing MOTIONS Councilman Mueller moved, seconded by Councilman Wagoner, to introduce the ordinance. Councilman Mueller asked, why is the 2nd reading tonight? City Manager Brighton replied, we are behind on the budget, we do not have money approp- riated. Mayor O'Reilly asked, why $3,200 for small tools? Senior Citizen Coordinator Porter said we are anticipating using a portion of it in the new building for kitchen equipment. VOTES Motion passed unanimously by roll call vote. '. MOTION, 2nd Readings it Councilwoman Glick moved, seconded by Councilman Wagoner, to have a 2nd reading on the ordinance. ;j Motion passed unanimously by roll call vote. MOTION: Councilwoman Glick moved, seconded. by Councilman Mueller, to adopt the ordinance. There was no public comment. Councilman Wise asked, what is the relationship of Ord. 796-82 to 797-82, and is this the entire program? City Manager Brighton replied, 797-82 is the entire budget. 796-82 is grant money received by the Borough. Mrs. Porter further explained, this is not the entire KENAI CITY 'COUNCIL AUGUST 4, 1982 Page 11 budget. The grant from the Federal Govt. and the State is for 6 months. The State Office on Aging had no idea what the Federal Govt. would award, we will have to make a new application in October. Ord. 797-82 is Mrs. Porter's salary, Outreach Worker's salary and the cook's salary. Ord. 796-82 is driver, kitchen helper, craft inspector and substitute driver. VOTES Motion passed unanimously by roll call vote. G-7 Ordinance 797-82 - Increasing Rev/Appns - Kenai Senior Citizen Project - $83,621 a. Public Hearing MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to introduce the ordinance. Motion passed by unanimous consent. MOTION, 2nd Reading: Councilwoman Glick moved, seconded by Councilman Malston, to have the 2nd reading on the ordinance. Motion passed unanimously by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. G-8 Ordinance 798-82 - Amending Kenai Municipal Code - Adopting Uniform Fire Code MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. VOTE (Passed): Yes: Mueller, Wagoner, O'Reilly, Glick, Malston Nos Wise G-9 Ordinance 799-82 - Charter twtendment - Change Location of Uniform Codes Material MOTION: VOTE: Councilman Mueller moved, seconded by Councilwoman Glick, to introduce the ordinance. Atty. Delahay explained this arose because he noticed the City did not conform with the Charter. The Clerk must maintain all codes. We could have an election to change the Charter or order duplicates to be kept in the Clerk's office. Councilman Wagoner questioned if Administration needed Council aithority to purchase the duplicates. Councilman Wise asked that the correct language be added to related ordinances. Motion tailed unanimously by roll call vote. ■ KENAI CITY COUNCIL AUGUST 4, 1982 Page 12 MOTIONS Councilwcamsn Glick moved, seconded by Councilman Malston, to direct Administration to pr:)ceed with additional purchase of Codes for display in Clerk's office. motion passed unanimously by roll call vote. G-10 Ordinance 800-82 - Amending Kenai Municipal Code - Oil & Gas Well Leasing Policies MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to introduce the ordinance. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Malston, to amend the ordinance as follows: 1. Change the words "slush pits" wherever they appear throughout this ordinance to "reserve pits." 2. In Section 6: a. Last line on page 3, change the word "seal" to "line." b. First line on page 4, delete the first six words and change the word "might" to "will not." Councilwoman Glick explained the word "reserve pit" instead of "slush pit" modernizes and clarifies the use. The word "seal" conforms with the kind of lining s that prevents seepage. VOTE, Amendment: Motion passed unanimously by roll call vote. Councilman Wise asked, how many times has Ord. 123 been amended? Atty. Delahay replied he did not know. Councilman Wise said this implies it has been, he asked for the original and all amendments. I VOTE, Main Motion as Amended (Passed). Yes: Mueller, Wagoner, O'Reilly, Glick, Malston No: Wise Mayor O'Reilly acknowledged Larry Vavra and Ken Barrett from Union Oil, present in the audience. G-11 Ordinance 801-82 - Increasing Rev/Appns - State Grant, Ft. Kenay Restoration - $2,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to introduce the ordinance. Motion passed by unanimous consent. G-12 Ordinance 802-82 - Increasing Rev/Appns - Airport Fencing - $120,000 MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to introduce the ordinance. KENAI CITY COUNCIL AUGUST 4, 1982 Page 13 Motion passed by unanimous consent. G-13 Discussion - Bidding for Terminal Space a. Airport tanager Swalley, Airline Bidding b. Architect Carmen Gintoli, Lease Pates City Manager Brighton reviewed the background. Council decided to go to bid for space for car rental. There has been no decision for airline counter rental. Airport Manager Swalley said after deregulation there is no longer a standard procedure. As to car rentals, we may be open to legal ramifi- cations and can have no advantage to bidding. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to direct Administration to proceed with current lessees of car rentals in the terminal and reno- vated terminal. `i Councilman Wise said it should be unrestricted, There should be no pre -conditions. To handle the problem of all leases expiring at the same time, he would have them terminate at different times. The bidder who get the best 5 year bid gets his choice. With- out a bid, an outsider could not come in. Anyone should be given an opportunity to bid. Have one for each category by year. We will be doing a better service to those who are trying to establish them- selves. Architect Gintoli said if Council adopts regulations by ordinance, they are protected from Federal regulations. Restricting competion is a legal, not an architectural problem. Councilman Wagoner noted the City has the right to do that and cannot be accused of that with 4 vendors providing the same service. Councilwoman Glick asked Mr. Swalley if he had any inquiries in recent months regarding car leases. Mr. Swalley replied, one -.- phone inquiry. Mayor O'Reilly asked if the car rental leases have a clause for renewal. Mr. Swalley replied no, it is on a year to year basis. Council- man Wagoner said suggested a proposal from Mr. Swalley. ! PUBLIC COMMENTs a. Rita Womac, Manager of Avis Rent-A-Car. She spoke to the General Manager, He has reviewed the report and feels bidding is not necessary. You might knock out one that is there and bring in one that may go bankrupt. Regarding the 3 to 5 year lease, paid in -full. This presents a pro- blem with small businesses. Bonding or cash may be a problem. They asked Council to reconsider. b. Curt Miller, Dollar Rent-A-Car. They are locally owned and operated. They could not compete with larger firms. Bidding does not seem A necessary i thing. Mr. Swalley had suggested by revenue. There are several businesses really trying hard, but are smaller. Regarding the year to year basis, they would prefer not to change all the time. It would cost them much money. He would suggest the revenue basis would he a fair way to go. It would keep the smaller ones from going out of business. City Manager Brighton suggested Administration put a program together. Council has set the amount of rm KENAI CTIT COUNCIL. AUGUST 4, 1982 Page 14 money, Administration could bring the proposal to Council. VOTE (Passed): Yess Mueller, wagoner, O'Reilly, Glick, Malston No: wise G-13b; MOTION: Councilman Mueller moved, seconded by Councilman Malston, to have Administration handle position and leasing of airlines and bring the proposal back to us. VOTE (Passed): Yes: Mueller, wagoner, O'Reilly, Glick, Malston No: wise G-14 Discussion - Change Order #8 - Lawton, Tinker, Walker, Rogers Public works Director Kornelis said this item is a technical nature and does not have to be brought to Council. Council took no action. G-15 Request for $7,500 Grant for Chamber of Commerce MOTION: Councilman Malston moved, seconded by Councilman Mueller, to approve the request. Councilman Malston noted this is a Ludgeted item. Councilman wagoner said he thought there was to be some reporting of expenditures. Councilwoman Glick said during budget sessions Council discussed if we should have a contract. Subsequent to that, we had a representative from the Chamber and a letter explaining what they do. Councilman wagoner said he didn't think the items listed were items normally provided by Chamber or by businesses in the City. VOTE (Passed)s 0z1oNef- Yess Mueller,J01iff, O'Reilly, Glick, Malston No: wise H. REPORTS H-1 City Manager City Manager Brighton spoke. a. The Chamber of Commerce has a beautification program. The City received an award on the clean-up of the cemetary. b. Regarding the Harbor Commission, TAMS made a preliminary report on the Sedimentation Study. A full report will follow in 3 to 4 weeks. C. He requested a work session of the Council. d. Councilman Malston asked, when will the restor- ation of the building behind Ft. Kenay start? ,i 1 i i KENAI CITY COUNCIL AUGUST 4, 1982 Page 15 Mr. Brighton replied, as soon as the specs come from the Public Works Dept. He hopes to do it this year. e. Councilman Malston asked about the appropriation of funds for the promotion v£ Renai. Mr. Brighton replied, the Council has to start action. Council- man Malston suggested this be discussed at the work session. H-2 City Attorney Atty. Delahay said the EMT contract should have some amendments. There was a clerical error and he had objected to the section on indemnification. He discussed it with Mr. Lockwood at the hospital and the changes are being made. The contract is from Aug. 1, 1982 and they have stopped EMT till it is approved. Councilman Mueller asked if we had looked into the medical malpractice aspect. Finance Director Brown replied there is another policy that picks up this and other items. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to authorize the City Manager to sign the contract for the Nikiski Fire Dept., the Kenai Fire Dept. and the Central Peninsula Ambulance Service Area in behalf of the City. Motion passed unanimously by roll call vote. H-3 Mayor Mayor O'Reilly noted the report distributed to Council on the Mayors and Finance Directors meeting in Juneau. A paper is being drafted which will be presented in Homer to the Conference of Mayors. There will be discussions on the approach as to how the capital improvement monies will be allocated from Juneau. H-4 City Clerk Clerk Whelan notified the Council that nominating petitions are available starting Aug. 6, 1982 to Sept. 3, 1982 for the Council seats. There will be two 3-year seats up for election. H-5 Finance Director None H-6 Planning & Zoning Councilwoman Glick said there was no meeting for lack of a quorum. There was a work session, capital improvements and Section 36 were discussed. H-7 Harbor Commission City Manager Brighton said TAMS had made a preliminary report on the Sedimentation Study. Councilman Wise said it appears TAMS and Quadra do not agree on the drainage problem, on bluff erosion. H-8 Recreation Commission Nlorle I KEIJAI CITY COUNCIL AUGUST 4, 1982 Page 16 I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Mayor O'Reilly noted that Valdez Mayor Steve !McAlpine was in attendance. b. Councilman Wagoner said he had missed out on the discussion on the selection of an attorney. He asked, what is the time line? Atty. Delahay reviewed a tentative schedule. Aug. 9, 1982 is the final day for applicants to submit. He suggested Council set a work session to review the applications and set dates for interviews. He agreed with Councilman Wagoner that an over- lap may not be possible. Councilman Wagoner said the process should have started 3 months ago. Does the City have a policy for hiring? Mayor O'Reilly replied no. Atty. Delahay explained the notice was sent out to every attorney licensed to practice in Alaska. Councilman Wagoner said he was in favor of local hire and Alaskans first, but it may behoove us to send ads outside Alaska. c. Councilwoman Glick asked that the City Manager prepare a resolution requesting the Borough set a IS across-the-board sales tax reduction. After the ordinance was introduced at the Borough Assembly 8-3-82 for consideration in Sept. 7 meeting, it would be better to have it across- the-board. The one introduced last night dealt with energy. If they gave any sort of reduction it should be across-the-board. City Manager Brighton noted energy exceptions would affect the income of the City. If the Borough would cut out taxes without providing for those cuts, we have an erroneous budget. Council agreed to the request. d. Councilwoman Glick noted Sgt. Kaler of the City Police Dept. had been elected Peace Officer of the Year. She requested this be part of the record. e. Councilwoman Glick said she would like to attend the Municipal League Board of Directors meeting in Nome Sept. 17 and 18, if Council agreed. Council agreed to the request. MOTION% Councilwoman Glick moved, seconded by Councilman Wise, that we suspend seeking bids on the demise of the Community Center and request the Historical Society submit a plan for preservation of the building. Bids would be postponed till Council receives a plan, Sept. 15, 1982. VOTE (Failed): Yess Wise, O'Reilly, Glick Nos Mueller, Wagoner, Malston f. Councilman Mueller gave notice of his resignation from the Council, effective immediately. He said this is a good time, just before election. Mayor O'Reilly read the letter of resignation, in it Councilman Mueller explained a conflict of interest could develop. KENA-1 CITY COUNCIL AUGUST 4, 1982 Page 17 Mayor O'Reilly acknowledged acceptance on behalf of the Council. g. Council set a work session for Aug. 10, 1982 at 7:00 PM. Clerk '!Whelan was asked to set it up. Mayor O'Reilly asked that the attorney appli- cations be discussed. h. Councilwoman Glick noted at the Senior Citizen Center dedication, some buildings were seen on the property. City Manager Brighton replied he had asked Police Chief Ross to make sure the buildings were removed before construction started. ADJOURNMENT Meeting adjourned at 1Os25 PM. n Janet Whelan City Clerk (f t� •J i . .] t