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Home My WebLink About1982-09-15 Council Minutess AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 15, 1982 - 7:00 PM PLEDGE OF ALLEGIANCE A, ROLL CALL 1. Agenda Approval pproval B. PERSONS PRESENT SCHEDULED TO BE HEARD None C, PUBLIC HEARINGS 1, Resolution 82-99 - Providing for Identification of Party j or Parties Proposing Ordinances and Resolutions. 2. Resolution 82-101 - Transfer $1,575 to Provide Monies to Retain Services of Veterinarian for Vaccination of Animals at Shelter. D, MINUTES i 1. Regular Meeting, September 1, 1982 2, Special Meeting, September 8, 1982 E, CORRESPONDENCE None. F, OLD BUSINESS None. G. NEW BUSINESS 1, Bills to be Paid. Bills to be Ratified. 20 Requisitions Exceeding $1,000. 3. Discussion - Approval of Assignment of Lease for Security Purposes, Walter & Gloria Church 4, Ordinance 811-82 - Increasing Rev/Appns - 12nd Ave. ;:- ($250,000) & *Evergreen, Hailer, McKinley, 3rd & 4th" (01#761,080) - Capital Project Funds � H, REPORTS --= 1. City Merger 2. City Attorney 3, Mayor - - 4, City Clerk - S. 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 SEPT. 15, 1982, 7:00 PX KENAI CITY ADMINISTRATION. BUILDING •Yla v.� 1 /...ri.lYT V P.E':' • IL L LZLYLYLV ir I PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Jess Hall, Ron Malston, Ray Measles, Tom Wagoner, John Wise, Vincent O'Reilly, Betty Glick Absent: None AGENDA APPROVAL 1. Mayor O'Reilly asked that Ordinance 812-82 - Increas. Rev/Appns - Lawton, Tinker, Rogers, Change Order #10 - $33,840, be added as item G-5 Council approved the agenda as changed. B. PERSONS PRESENT SCHEDULED TO BE HEARD None L C. PUBLIC HEARINGS C-1 Resolution 82-99 - Providing for Identification of Party or Parties Proposing Ordinances and Resolutions. ; MOTIONS Councilwoman Glick moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. VOTE (Passed) : Yess Hall, Malston, Wise, O'Reilly, Glick Nos Measles, Wagoner C-2 Resolution 82-101 - Transfer $1,575 to Provide Monies to Retain Services of Veterinarian for Vaccination of Animals at Shelter MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. VOTE (Passed): Yes: Hall, Malston, Measles, Wagoner, Wise, O'Reilly No: Glick D. MINUTES D-1 Regular Meeting, Sept. 1, 1982 Clerk Whelan said Public works Director Kornelis had requested page 7, item C-7, the paragraph beginning "Councilwoman Glick asked---", line 4 & 5, delete the words "submitted were listed. They were not the lowest bid." Add "were analyzed. Roberts & Redfield did not bid this time, but have bid in the past, but were never low." Council approved the minutes as changed. D-2 Special Meeting, Se Pt, 8, 1982 ir i KENAI CITY COUNCIL SEPT. 15, 1982 Page 2 Council approved the minutes as submitted. E. CORRESPONDENCE None P. OLD BUSINESS None G. NEW BUSINESS HIRING OF NEW ATTORNEY: MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to hire Tim Rogers as City Attorney at an annual salary of $52,500 with full powers to act, effective Oct. 1, 1982. Councilwoman Glick said the reason he was hired was to have an in-house attorney. City Manager Brighton asked if he would be paid effective this date. MOTION, Changes Councilwoman Glick, with consent of second, asked to change the motion to read, employment of Tim Rogers becomes effective today, with full powers to act as City Attorney as of Oct. 1, 1982. Atty. Delahay explained he can act as an attorney in Atty. Delahay's absence, but not as City Atty. Motion passed unanimously by roll call vote. G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTION s Councilman Malston moved, seconded by Councilman Measles, to approve the requsitions. Motion passed by unanimous consent. G-3 Discussion -• Approval of Assignment of Lease for Security Purposes, Walter & Gloria Church Atty. Delahay explained in the new leases, this is not required, the bank may require all terms be met in the assignment. MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the assignment of lease to 1st Federal. Motion passed by unanimous consent. KENAI CITY COUNCIL SEPT. 15, 1902 Page 3 G-4 Ordinance 811-82 - Increasing Rev/Appns - 2nd Ave., ($250,000) & Evergreen, Haller, McKinley, 3rd, 4th ($1,761,080) - Capital Project Funds j MOTION: ' Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed by unanimous consent. G-5 Ordinance 812-82 - Increasing Rev/Appns - Lawton, Walker, Tinker, Rogers - Change Order #10 - Quality Asphalt - $33,840 -,. MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. VOTE (Passed) s O Yes- Malston, Measles, Wise, O'Reilly, Glick ll Nos Hall, Wagoner i MOTION, 2nd Readings Councilwoman Glick moved, seconded by Councilman Measles, for 2nd reading. VOTE (Failed, Must be Unanimous): Yess Malston, Measles, Wise, O'Reilly, Glick Nos Hall, Wagoner City Manager Brighton said if we do it now, it will serve no practical purpose because there will be no water lines brought through till next Spring. He asked Council to wait till Spring. Councilman Wise asked if Administration had signed the change order and is committed to the job. Public Works Director Kornelis replied the material has been brought to site. We may have to purchase it. They planned to start Sept. 18. Councilwoman Glick said whether Mr. Crites puts in water 6 sewer is of no consequence, we have set policy. Mr. Kornelis said there are instances where we have done this with full dedi- cation right of way, but not 1/2 right of way. Council- man Measles said if we do it in the Spring, the pave- ment cut will be there all summer. MOTION; Councilman Wagoner moved, seconded by Councilman Hall, to direct Administration to cease all work on Change Order $10 to Quality Asphalt Paving and purchase the supplies put on site by the contractor. City Manager Brighton said there is a possible breach of contract if the Council orders him not to do it. Mr. Kornelis said there is .around 50' of sewer main and 37' of water. Councilmen Wagoner said the sub- contractor told him his figure is $7,000 for the bulk of the work. VOTE (Failed): Yess Hall, Wagoner, O'Reilly No: Malston, Measles, Wise, Glick H. REPORTS fir- -~-=�--�+� ..�.n •,,�.,.��.,., — .��€�R= �. KENAI CITY COUNCIL SEPT. 15, 1982 Page 4 11-1 City 14afia9es City Manager Brighton spoke. 1. Borough Mayor Thompson said he would be dropping the sludge case. 2. Mayor Thompson asked Mr. Brighton about Council position on paving of Strawberry Rd. 14r. Brighton told him Council is not willing to discuss it. 3. The Chamber/Council monthly meeting will be moved up to 9-17-82 at noon. 4. Regarding the Candlelight/Linwood work. Finance Director Brown has been told the money the City I I intended to use cannot be used if the cost is over $1 Million. A new project over $1 Million must clo to a vote of the people, a renovation can be up to $5 Million without a vote. Administration disagrees with the State and will pursue it. They ' are drafting specs on the basis of added alternates. That way they can eliminate alternates and still stay under $1 Million. Councilman Wise objected, stating Administration is truncating Candlelight, ;- Linwood and going ahead with Evergreen, etc. Finance Director Brown explained, moving Municipal Aid funds to Evergreen etc. will not solve the problem. Councilman Measles asked if we could bid each street as a separate project. Atty. Delahay replied you will not accomplish the purpose and it may cost more in the long run. Councilwoman Glick asked, if we received DEC funds and deduct that from the total, will that make a difference. Atty. Delahay - said no. City Manager Brighton said they will continue to pursue this with the State, and will ask our Legislatures to assist. Councilwoman Glick asked that a resolution be drafted to submit to the Legislators. Council agreed to the request. 5. City Manager Brighton submitted a job description for the proposed land management position for Council review. 6. Regarding the Fire truck bids. Fire Chief Winston said the bids were over budget. They would like }l to go ahead with Emergency 1 and delete items that T - are not necessary. The lowest bid was Grumman, with a steel water tank, they prefer aluminum. Councilman Malston said he thought we were re- placing the crash truck with this. Chief Winston explained we are buying a new tanker pumper and also replacing the crash truck. Councilman Wagoner said the income from the sale of the old truck should be us.:d on the purchase of the new ones. Mr. Brighton explained the Fire Dept. wished to keep it as a stand-by item. MOTION: Councilman Wagoner moved, seconded by Councilman =� Measles, for Administration to pursue sale of the i 2 existing pieces of equipment in inventory and pursue sale and bid of items, to be finalized on receipt of new equipment. Public Works Director Kornelis said Public Works { has asked to convert the crash truck to be used as a sand truck. ' KENAI CITY COUNCIL it SEPT. 15, 1982 Page 4a 3-. Mr. nornelis stated that the plumbing, which is the fire fighting part of the crash truck, is the only thing wrong with the truck. The City mechanics have spent an extensive amount of time working on the plumbing and it still doesn't work properly. The truck would be an ideal unit to put our new sander on. We had planned on putting the sander on our old dump truck but it is not in too good a shape. KENAI CITY COUNCIL SEPT. 15, 1982 Page 5 MOTION, Amendments Councilman Vise moved, necunded by Councilwoman Glick, to use the old crash truck in the extension fire house, delete Engine 1 from the proposal of disposition and seeking bids. Councilman Malston said this is premature, we cannot consider till we have the new trucks. Councilman Wagoner explained this was contingent upon receiving the trucks. He added, the extension fire house may be 10 years away, the truck may not be of use by then. He asked Chief Winston, how many times do we use this? Chief Winston replied, about once or twice a month, it is used continuously when it is out, most of the fires are outside the hydrant area. VOTE, Amendment (Failed)s Yess Wise Nos Hall, Malston, Measles, Wagoner, O'Reilly, Glick VOTE, gain Motion (Failed)s Yess Hall, Measles, wagoner Not Malston, Wise, O'Reilly, Glick MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to direct Administration and Fire Chief Winston to negotiate with Emergency 1 regarding the engine in consideration. V Councilman Wagoner asked about structural problems with steel tanks. Chief Winston replied they have had theirs rewelded 3 times. Also, steel has a corrosion factor, it rusts more quickly. Motion passed unanimously by roll call vote. 7. Regarding Ord. 811-82. Councilman Wise asked that a resolution be drafted formally establishing the point we did by motion can Candlelight/Linwood, etc, preliminary platting cut off date stating domestic size water & sewer to lots fronting on roads, differ- entiating between providing domestic tap to exterior -- of cul de sac. Also, providing appropriate crosses to the extension to platted streets. Also, the date of preliminary plat cut-off should coincide with the engineering date. � Council agreed to the g request. S. Councilman Wise said the power was off about 50 minutes from Chugach Electric today. We had no water pressure at that time. The water tank generator is not working and has to be manually activated. This was brought up 3 months ago. If we had a fire it would have been a disaster. Public Works Director Kornelis said he was not aware of any direction from Council on the emergency generator. They have been working on the problem. The circulating heater has burned out. They have requested a replacement, a -- KENAI CITY COUNCIL SEPT. 15, 1982 Page 5a the generator needs to be ordered. Funds were not available to enclose the generator at the time it was purchased. Councilman Measles suggested replacing with gas starters. Mr. Kornelis said he would check into that and bring to the next meeting. Councilman Wagoner asked that Administration bring a report to get it fixed and have an appropriating ordinance. Council agreed to the request. 0 i • 4 - ' 7 I KENAI CITY COUNCIL SEPT. 15, 1982 Page 6 9. Councilwoman Glick asked if the, Animal Control was btill issuing tickets, etc. Council has not been receiving reports. Public S9orks Director Kornelis replied it has been about a year since reports were made. They are hoping to have them now. He added, the City has been getting good reactions to the new Animal Control Officer from the public. 10. Councilwoman Glick asked about the Thompson Pk. survey. City Manager Brighton replied they have compiled the figures and will have the report at the next work session. (2) Mayor O'Reilly asked Council if their intentions regarding Strawberry Rd. were that any further attempts would be fruitless. Council agreed. H-2 City Attorney Atty. Delahay spoke. 1. Municipal League meeting in Whittier. Their - intent is to prepare basic revisions on BB-180, leaving out all controversial matters. They hoped municipalities would contact their legis- lators to get action on this immediately. 2. Councilman Wise had asked Atty. Delahay about exemption of classes of persc+nal property from taxation. The Municipal League supported optional exemption of business inventory. The intent was to exempt the 1st $10,000. Councilman Wise felt owners of real estate would get an exemption, rentors would not. Also, the League opposes any effort to charge municipalities regarding utility relocation costs. 3. Regarding the status of the Russian Church property next to Daubenspek property. He has received a patent to the property from BLM. If Council wishes to have the current status he will need a motion for a litigation report to start exchange of property. 4. Regarding utility relocation action with HEA. He would suggest a suit at this time. It would not be wise for him to start it, he suggested Atty. Rogers start action. It is important to get an opinion of the lower court before construction season next year, 5. There is a section in Kt4C 1.05.020 regarding the duties of the City Manager on purchasing agree- ments. It refers to Section 17, that is the wrong number, it should be V . He will be correct- ing this, he wanted Council to know. 6. lie asked that Atty. Rogers be sworn in at this time. Clerk Whelan performed the swearing -in ceremony. 7. This is Atty. Delahay's last meeting. He wished to state this is the most balanced group he has ever served in. He has endeavored to work for the citizens of the community and tried to keep the Council out of trouble. (3) Councilman Wise said he Just wanted the arat+,a Of the land regarding the Russian Church, not KENAI CITY COUNCIL SEPT. 15, 1982 Page 7 a swap. He wanted the Church to be aware it does affect the Daubenspok property. He saw no value in the City taking title to it. Councilman Wagoner asked that the proposed Land Manager handle this. Council agreed to ::he request. (7) Mayor n'Reilly said he spoke for the Council that Atty. Delahay has performed excellent service to the City. He has shown high dili- gence in performing his duties. IH-3 Mayor - Mayor O'Reilly noted the memo in the packet regard- ing Municipal. Assistance and Revenue Sharing. He asked for any suggestions from Council. H-4 City Clerk Clerk Whelan spoke. j1. The list of judges for the Oct. 5 election was submitted in the packet. MOTIONS Councilman Wise moved, seconded by Councilwoman Glick, to approve the judges as submitted. Councilman Malston asked to abstain, his wife was listed as a judge. Motion passed by unanimous consent, with Councilman Malston abstaining. 2. The list of candidates for the Oct. 5 election iss 3 Year Terms Tom Ackerly, Ray Measles, John (Ozzie) Osborne, Patricia Wheeler 2 Year Terms Donald J. Anderson, Sally Bailie H-5 Finance Director None H-6 Planning & Zoning Councilwoman Glick spoke. 1. At the last meeting, there is a possible con- troversy of a vacation on 5th Ave. It will be discussed further at their next meeting. H-7 Harbor Commission Councilman Wagoner noted the vessel OPTIMIST had been removed, but there are now 5 vessels there, 2 of which seem to be derelict. He asked that Admin- istration start impound action on all 5, post signs that it is not a vessel storage area and any left there will be removed. Council agreed to the request. KENAI CITY COUNCIL SEPT. 15, 1982 Page 8 H-8 Recreation Commission Recreation Director McGillivray said at the last meeting, there was a general discussion on the;r priority list. I. PERSONS PRESENT NOT SCHEDULED TO BB HEARD 1. Public Works Director Kornelis discussed the (see page 8a) The 2nd Ave. project will be bid Oct. 1. The gymnasium will be bid Oct. 1. The fire hydrant material & construction will be bid Oct. 1. At the work session regarding Federal Revenue Sharing, there was a request for additional information. He has written a report. Councilman Wise asked if the 2nd Ave. proposal has the Quadra recommendations for drainage. Mr. Kornelis replied he will provide plans for Council. The one they have planned is different than Quadra's proposal. There are 2 infiltration devices. G-5 (Reconsideration)s Councilman Malston said he felt uncomfortable with the action on Ord. 812-82. We should have the 2nd hearing this date and dispose of it. MOTION, Reconsiderations Councilman Wagoner moved, seconded by Councilman Hall, for immediate reconsideration. VOTE (Passed) s Yess Hall, Malston, Measles, Wagoner, Wise, O'Reilly Not Glick VOTE, 2nS Reading (Failed, Must be Unanimous)s Yess Hall, Malston, Measles, Wagoner, Wise, O'Reilly Not Glick 2. Councilman Wise said he would like to attend the Economic Development meeting in Anchorage Sept. 17 & 18. Council agreed to the request. 3. Councilwoman Glick asked if we are removing the long-term vehicles at the airport. some of them have been there for a long time. Do we have a procedure for removing them? Airport Manager Swalley replied he has had a meeting with Sgt. Kaler regarding this. Police Chief Ross said there is nothing in the Code that allows us to impound. Till Council defines what long-term 0 KENAI CITY COUNCIL SEPT. 15, 1982 Page 8a I-1 (contd) request for the engineering proposals sent to Wince, Corthell & Bryson on the Candlelight, Linwood, Lawton project. Wince, Corthell & Bryson designed the Candle- light, Linwood road project and the separate water & sewer project. The new project would combine the roads and water & sewer and also add the new road - Lawton Extended. Based on this the Adminstration planned to send an RFP to Wince, Corthell & Bryson only on this project. Mr. Kornelis handed out his Sept. 15, 1982 RFP letter. Mr. Kornelis handed out the RFP for 3rd Ave., 4th Ave., Evergreen, Haller & McKinley. He stated that the Administration was putting an ad in the paper on this project and expecting RFP's from all engineers. Mr. Kornelis requested that each Council member read the RPP on these two projects and call Engineer LaShot or Mr. Kornelis if there are any questions, comments or suggested changes. J r .. I KENAI CITY COUNCIL SEPT. 15, 1982 Page 9 means, posts it, and notifies owners, he would not sugqest impounding. Mr. Swalley suggested a long-term period of 30 days. MOTION: j Councilman Wagoner moved, seconded by Councilwoman Glick, to establish a long-term parking definition of not to exceed 30 days. Motion passed unanimously by roll call vote. Councilman Wise asked if we could open up the other parking lot south of the terminal. He would like signs put up to direct traffic. Council agreed to the request. l4. Father Targonsky, Russian Orthodox Church. He asked that all action taken by Council and the attorney regarding the Church property by ` Daubenspek be put in writing and sent to him. He would be able to speak with authority to his superiors. Council agreed to the request. i11 mn y 1 -'1 1 a ! 5. Councilman Measles asked if Atty. Rogers could start on the HEA suit now since he has been sworn in. Council agreed to the request. 6. Councilman Wagoner said there are cars parked on City streets with For Sale signs on them. We should post notices on vehicles regarding their violations and that they will be impounded. Council agreed to the request. 7. Councilman Wagoner asked, when water & sewer runs past property and there is a domicile on the pro- perty, are they charged for service whether they have water & sewer or not? If the City puts water & sewer down a street and they are not required to pay a fee, the City may be in a position of wasting money if this is not enforced. We should make them pay a service fee or we have a tenuous position. Councilman Wise said the conditions of DEC require mandatory hook-ups. That is by City ordinance. Water has no such requirement. Councilman Wagoner said he would like an ordinance regarding this drawn up. Council agreed to the request. G-5 (Reconsideration): MOTION (Reconsideration): Councilman Malston moved, seconded by Councilman Wagoner, to ask for immediate reconsideration regard- ing Change Order #10, the Cease & Desist Order, that failed. Councilman Malston said we would be better to pass this motion and forget about hook ups, and provide at a later date at City expense or whenever water & sewer is needed. The contract cost is excessive. It KENAI CITY COUNCIL SEPT. 15, 1982 Page 10 VOTE, Recorcidcratior. (Pacced) Yes; Hall, Malston, Wagoner, O'Reilly No: Measles, Wise, Glick VOTE, Cease & Desist Order (Passed): Yes: Hall, Malston, Wagoner, O'Reilly No: Measles, Wise, Glick (7) Father Targonsky, Russian Orthodox Church. Regarding not being hooked up and being charged. He would object to this. The Russian Church has used this ground since 1795 and has not used water or sewer at the Church itself. The house uses "ater. They are not paying water & sewer fee at this time. He would like an exception. Council- man Wise asked if they had facilities in the Church. Father Targonsky replied no, they do not have running water. Councilman Wise said the intent is for habitable dwellings. Council- man Wagoner said he agreed with the Russian Church, but not every church. Most churches have water & sewer and pay. Councilman Measles suggested if they are utilizing City water & sewer in them. There are storage buildings in the City without water & sewer. ADJOURNMENT s b g Meeting adjourned at 9:30 PM. ,�Pnet Whelan City Clerk I V , y