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HomeMy WebLinkAbout1982-11-03 Council MinutesA. B. C. D. E. H. I. AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVE16BER 3, 1982 - 7:00 P14 PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL PERSONS PRESENT SCHEDULED TO BE HEARD PUBLIC HEARINGS 1. Ordinance 815-82 - Amending Kenai Municipal Code - Establish Land Manager Position 2. Ordinance 817-82 - Redistributing 1981 Municipal Road Grant a. Inspection Services - Wince, Corthell & Bryson - Spruce, 2nd, 3rd, 1st, Birch, 4th 3. Forest & Gill - Change Order #2 - Harley's Trucking - $5,101.19 a. Resolution 82-118 - Transfer of Funds - Forest & Gill - $5,101 4. Resolution 82-120 - Designating Improvements - Evergreen, Haller, McKinley, 3rd, 4th S. Resolution 82-121 - Designating Improvements - Candlelight, Linwood 6. Resolution 82-123 - Declaring FAA Building Surplus 7. Resolution 82-124 - Transfer of Funds - Gym Construction Insurance - $1,475 6. Resolution 82-125 - Contract Awarding Engineering Design Service - Evergreen, Haller, McKinley, 3rd, 4th 9. Resolution 82-126 - Award of Tires - Heavy Equipment & Police Cars MINUTES 1. Regular Meeting - October 20, 1982 CORRESPONDENCE 1. M.J. Adkins, Cordova - Misc. Items OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 818-82 - Increaing Rev/Appns - Library Supplies - $10,000 4. Discussion - Inletvisions Proposal 5. Discussion - Executive Liaison for Harbor Projects 6. Discussion - Forclosure of Assessment Liens 7. Discussion - Lawton, Tinker, Walker - Crow Subdivision S. Discussion - Possible Change Orders on Gym REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbo: Commission 8. Recreation Commission PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT � � I I KENAI CITY COUNCIL - REGULAR MEETING, MINUTES NOVEMBER 3, 1982 - 700 PM KENAI CITY ADMINISTRATION BUILDING MAYOR VINCENT 01 wZ:,*"; FREoID0-r,%G PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Wagoner, John Wise, Vince O'Reilly, Ron Malston, Sally Bailie, Tom Ackerly, Ray Measles Absents None AGENDA APPROVAL 1. Mayor O'Reilly asked that Resolution No. 82-127 be added as C-8a. 2. Mayor O'Reilly asked that Resolution No. 82-128 be added under G-9. 3. Mayor O'Reilly said that we received two bills to go under Requisitions over $1,000 for the Municipal League trip to go under G-2. B. PERSONS PRESENT SCHEDULED TO BE HEARD None. C. PUBLIC HEARING C-1 Ordinance No. 815-82 - Amending KMC 23.50.010 to Establish a New Position to be Known as a Land Manager at a Pay Range of 17. MOTIONs Councilman Measles moved, seconded by Councilman wagoner for adoption of Ordinance No. 815-82. There was no public comment. Councilman Wise felt there were other departments that requested Administrative support -- Harbor Commission and planning Commission. MOTION, as amendeds Councilman Wise moved to add to the phrase "Land Manager" a slash and "Planner" with the intent that this be the Administrative support for those two commissions as well as handling the land within the City. Motion failed for lack of a second. City Manager Brighton said we drafted a job description and were specific in saying that his job responsibilities would not be limited to this area only. His primary responsibility will be in lands. Councilman Wagoner objected to adding any more 1 I responsibilities to the Land Manager then dealing with City lands at the present time. Councilman Malston said that approximately one year ago we added a department assistalit for the Harbor Commission but City Manager Brighton explained that this was secretarial support only, VOTE (Passed) s YES$ Wagoner, O'Reilly, Bailie, Ackerly, Measles NOS Wise, Ralston C-2 Ordinance 817-82 - Redistributing 1981 Municipal Road Grant MOTIONs Councilman Wagoner moved, seconded by Councilman Ralston to approve Ordinance No. 817-82, There was no public comment, Notion passed unanimously by roil call vote. C-2a Inspection Services - Wince, Corthell & Bryson - Spruce 2nd, 3rd, let, Birch, 4th MOTIONS Councilman Ralston moved, seconded by Councilman Measles to modify the constructior►jinspection contract. There was no public comment. Motion passed unanimously by roll call vote. C-3 Change Order #2 - Barley's Trucking - $5,101.19 MOTIONS Councilman Wagoner moved, seconded by Councilman Ralston to approve Change Order #2 for Barley's Trucking in the amount of $5,101.19. There was no public comment, VOTE (Passed)s Yess Wagoner, Wise, O'Reilly, Malston, Bailie, Measles Nos Acklerly C-3a Resolution 82-118 - Transfer of Funds - Forest & Gill - 05,101 MOTIONS Councilman Measles moved, seconded by Councilman Malston to approve the Resolution. 2 i i I• i There was no public comment, Vote (Passed) s Yost Wagoner, O'Reilly, Malston, Bailie, Measles Not Wise, Ackerly C-4 Resolution 82-120 - Designating Improvements - Evergreen, Haller, McKinley, 3rd, & 4th MOTIONs Councilman Wagoner moved, seconded by Councilman Ackerly to approve the resolution. There was no public comment, Dick Mueller said that in Resolution 82-120 3rd & 27th were listed as alternatives. He feels that any drainage should be done down 3rd. The original proposal was to create lots for future construction and 3rd Street would create more buildable lots than any other streets. Public Works Director Kornelis spoke. We received a final drainage study done by Quadra who suggested we use infiltration. Some engineers felt that in the future we would have to put underground storm drains. 2nd Avenue is cleared to the gully, 3rd Ave. has few trees to be cleared. Drainage could come down 3rd, 2n4 or 4th if we want to go to underground storm drainage in the future, We are hoping to be able to do all of the streets, but he left out two streets that are not driveable (3rd Ave & 27th). Councilman Wise said the intent of the Resolution was to open up "i more property, not to service existing property. Be feels that by adopting this resolution we are committing ourselves to the Quadra study, He disagrees that you can put in an underground storm sewer once you put in a ravel s sewer. P g treat and/or water and Vote (Passed)s $. Yess Wagoner, O'Reilly, Malston, Bailie, Acklerly, Measles Not Wise C-5 Resolution 82-121 - Designating Improvements - Candlelight, -- Linwood MOTION# Councilman Malston moved, seconded by Councilman Measles to adopt the resolution. There was no public comment. Councilman Wise questioned changing date of preliminary plats from October 15th, Public Works Director Kornelis advised that the date could be changed back to October 15th. We did not wart it to be a hardship on the design engineers and would help open 3 r a il 1 '1�7 . up more properties. City Manager Brighton said there would be no problem going back to the October 15th deadline as every property owner on this project was contacted with the information and none have asked for an extension of time. MOTION, to amends Councilman Wise moved, seconded by Councilman wagoner, to amend that the date be changed to October 15th in Items 2, 3, and 4. Councilman Wagoner said he did not feel that the deadline should be changed from December lot. City Manager Brighton said that if the people had not been notified in the areas that have been added, then the December lot deadline should remain. Vote (Failed): Yess wise Nos Wagoner, O'Reilly, Malston, Bailie, Ackerly, Measles C-6 Resolution 82-123 - Declaring FAA Building Surplus MOTION: Councilman Measles moved, seconded by Councilman Ralston to adopt the resolution. There was no public comment. MOTION, Amendments Councilman Wagoner moved, seconded by Councilman Measles to add a number 5 to read - In the case of default by higher bidder, the City of Kenai may, if it so desires, accept the next highest bid or rebid the entire package. VOTE - Amendments Motion passed unanimously by roll call vote. VOTE - Main Motion as Amended. Motion passed unanimously by roll call vote. C-7 Resolution 82-124 - Transfer of Funds - Gym Construction Insurance - $1,475 MOTION: Councilman Ralson moved, seconded by Councilman Ackerly for adoption of the resolution. There was no public comment. Finance Director Brown explained that the purpose of this resolution was to provide insurance. Normally the contracts included insurance, but the last three contracts stated that the City would provide the insurance. It does not add to the construction cost. Public Works Director Kornelis said that road 4 3 projects and earth work have a different set of specifications than the building contracts. Motion passed by unanimous consent. C-8 Resolution 82-125 - Contract Awarding Engineering Service - Evergreen, Haller, McKinley, 3rd, 4th MOTIONS Councilman Ralston moved, seconded by Councilman Ackerly to adopt the resolution. There was no public comment. Councilman Wagoner said there was a meeting Monday and there was discussion on additional cold weather start up of $3,500, There is a letter from Mr. Tauriainen explaining that fee. Motion passed unanimously by roll call vote. C-8a Resolution 82-127 - Transfer of monies - $17,200 in the Evergreen, Hailer, McKinley, 4th, 32nd, 3rd, 27th Streets Project to Award Engineering/Design Contract to Mike Tauriainen, MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. C-9 Resolution 82-126 - Award of Tires - Heavy Equipment and Police Cars, MOTION: Councilman Ralston moved, seconded by Councilman Ackerly to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. D-1 Minutea Minutes passed with no corrections. E. Correspondence. Letter from N. J. Akins in Cordova. G. NEW BUSINESS 5 �1 � - I G-1 Bills to be Paid Councilman Malston moved, seconded by Councilman Measles for approval of bills to be paid., Motion passed unanimously by roll call vote. G-2 Requisitions Over $1,000 Councilman Measles moved, seconded by Councilman Ackerly to approve Requisitions over $1,000 with the additions of Municipal League expenses. Motion passed unanimously by roll call vote. 0-3 Ordinance 818-82 - Increasing Rev/Appns - Library Supplies - $10,000 MOTIONs Councilman Ralston moved, seconded by Councilman Measles for introduction of Ordinance 818-82. Motion passed unanimously by roll call vote. G-4 Inletvisions City Attorney Rogers addressed the packet of information in the Packet. City Engineer LaShot desires certain items to be in the agreement with the City that are not in there presently. City Manager Brighton and City Attorney Rogers will meet with APUC. Attorney Burns said he did not feel the City needed as comprehensive an agreement as Municipality of Anchorage has since we will have above ground cables attached to BEA poles, We would extend the rights to dig in the streets as any other contractor. Inletvisions is an economically non -regulated utility we cannot take a percentage of their gross as with a franchise situation in other states. Councilman Wise asked about hook ups in woodland or other areas where no power poles are present and City Manager Brighton advised that it would be put underground. This would be an exclusive agreement with Inletvisions. He asked Mr. Burns what the situation would be in the future on regulations by either state or the city as far as the City obtaining some revenues from this. This needs to be addressed in the agreement if City is ever allowed by the state. Councilman wise asked what the progress on the ordinance regarding underground utilities and City Attorney Rogers said that this ordinance was supposed to have been prepared prior to his employment. He has not done any work on this ordinance yet. City Manager Brighton advised that Public Works Department feels that we must have a meeting from all the utility companies with their input. Councilman Wagoner thought that the utility companies were given a deadline as to their input. Councilman Ackerly wanted to know if our responsibility was to give Inletvisions a one-time permit to dig. City Attorney Rogers said we don't have a choice, our responsibility is as to how involved we want to get in an agreement with them. To get into a detailed agreement rather than issuing permits, we would know when and where they will be digging. They are asking for 20 years with a renewal of 20 years. Yvonne Hakkinen spoke. Inletvisions is asking for a right-of-way agreement. If we entered into an agreement with the City, the City would have more control over the situation. We would submit our as-builts and our plans to the City. As far as a shorter contract, she would not be in a position to answer that. Public Works Kornelis said that in the Code there is a section requiring excavation permits of utility companies. City Manager Brighton said that we should have a stipulation on relocation in the agreement stating that it would not be at the City's expense for relocations. Councilman Measles wanted this item added to the work session for tomorrow night. F, G-5 Discussion - Executive Liaison for Harbor Projects, Mayor O'Reilly addressed the letter from Chairman John Williams for administrative support. He said he would get together with Administration and Chairman Williams to see if further aid can be obtained for him. G-6 Discussion - Foreclosure of Assessment Liens City Attorney Rogers stated that the Code makes it a perogative Of Council. He has started with proceedings on foreclosure of assessment liens and wanted to know if there was any objections from Council. G-7 Discussion - Lawton, Tinker, Walker - Crow Subdivision There was a discussion during the construction of the Lawton, Tinker, Walker project about Crow Subdivision. The owner wanted water and sewer stub outs. He was trying to get funding from DEC to run these water and sewer lines through the subdivision. He has been in contact with the City,on several occasions reference same. His latest idea was that the City should manage the funding, engineering, and construction and have DEC pay one half and he would pay the other half. This would have to become part of the existing Walker -Tinker -Lawton project by change order. The nearest estimate of the change order would be $42,000, but he wants us to get involved in the road portion. He wants to make it an assessment of the lots. The rough estimate from the engineer was $11,846, and $70,000 in construction. DEC would put in about $21#000. MOTION: Councilman Wise moved to approve the Change Order in the amount of $81,846 subject to developer depositing with the City $60,000 in cash and a Note in the amount of $21,846 supported by Deed of Trust on appropriate number of lots, said Note to be cancelled on 7 receipt of DEC approval of the project. Motion failed for lack of a second. Councilman Ackerly said we should not even be involved in this. Councilman wise said that we are trying to develop building lots. He sees no problem in using D?C monies to support the water and sewer for providing building lots. The only problem he sees is forming an assessment district which cannot be done in the time frame that we have. Councilman Wagoner said that it is different on the Evergreen proi2ct as we are providing service to the property. G-8 Discussion - Possible Change Orders on Gym MOTIONt Councilman Wagoner moved, seconded by Councilman Wise to allow Requests 6, 9 and 10 and not approve the other seven change order requests at this time. Councilman Wise felt that since we awarded a bid we should not continue making changes each meeting. We should not allow all i the other changes. Public Works Director Kornelis said that some of the items are directed at the new racquetball court that were not contemplated in the original design -built aspect. If the Council ever desires to make that a racquetball court the cost would be a lot higher at a future date. He felt that the additional showers would be a plus so that people wouldn't have to wait in line to take a shower. He explained that #6 is for stairs that will be inside instead of the original plans of outside stairs. Councilman Ackerly suggested gang showers in place of Item #1 and suggested an amendment to the Motion stating "at no additional cost". AMENDMENT TO MOTIONS Councilman Acklerly moved, seconded by Councilman wise to allow f. Requests 6, 9, and 10 at no additional cost and not approve the other seven change order requests at this time. Public Works Director Kornelis addressed the problem with the showers and state-1 there is an EPA or DEC code that requires two drains for sanittasy purposes. Parks & Ree Director McGillivray was in favor of approving #3 since we would save money by installing the heat now instead of after the building is completed. Councilman Wagoner said the --- price of heating the new racquetball court area should have been included in the original plans and that we should wait to see if ? the new courts are needed. Public works Director Kornelis stated that the outside walls will not be heated so the need for heat in the new racquetball court area. Councilman Ackerly asked where the money was coming from. Public Works Director said it was part of the project money and referred Council to Resolution 82-128. Our budget has $42,100 in land, $970,000 in Administration, $30,000 in engineering and inspection (our building inspector feels he can handle the inspection of this project), $708,000 in construction, and $18,700 in contingency s minus the insurance cost. City Manager Brighton said we do not 8 I own the land. Our original intent was to purchase all 1. . real estate and build a building, We have enough money to buy two of the four lots. . acilman Wagoner f L... outside wails. AMENDMENT TO AMENDMENTS Mayor O'Reilly said the motion should reads To develop Change Orders on Items 6, 9, and 10, to approve All Items at No Additional Cost No. 1 through 5, and to have Administration develop cost on insulation. Motion with amendment passed unanimously by roil call vote. a-8a Resolution 82-128 - Transfer of Monies - Gymnasium. i Councilman Wise moved, seconded by Councilwoman Bailie to delete Engineering, change Contingency and Construction to 05,516 and to delete the words "additional showers, a heat recovery system, heat in the new racquetball court area,". There was no public comment. Motion passed unanimously by roil call vote. H-1 REPORTS 1. City Manager You will find a bill from HEA for moving our poles on some of our projects this summer. Would like to add and authorize the payment of $1,071 as a commission to ERA - Property World for a lease situation with Alaska Credit Union. This should be added under bills to be paid. NOTIONS Councilman Wagoner moved, seconded by Councilman Malston to authorize the payment of $1,071 to pay the commission to ERA for a lease situation with Alaska Credit Union. City Manager Brighton wanted to discuss an important issue that being a representative of someone who wants to lease from the City that person could get a commission for the lease, talk the = individual into purchasing the property and collect a further commission for purchase of the property. This is the way it is set up in the Code and he does not feel that was the intent of the Council. The Code should be amended to eliminate the i---° possibility of receiving two commissions. The other thing that should be amended in the Code is that if a real estate agent F _-- brings someone new to purchase a property, a commission should be granted but not if the real estate agent solicits the lessee of f the property in question. The entire commission section should be reviewed since we are having a land manager come on board. t� Ij 9 Motion passed unanimously by roll call vote. Councilman Wagoner said the City Attorney be directed by Council to look into the Code and the possible rewriting of the Code in line with Council'c thoughts on this type of sale in the future. City Attorney Rogers that sa4,1 n--rhap3 we should do away with this 'type of land disposal entirely since we are going to have a land manager. City Manager Brighton explained that if a person wants to lease a piece of property there seems to be certain criteria that must be met through Planning a Zoning having to comply within a certain period of time, if a person wants to buy the piece of real estate he doesn't have to comply with anything except the zoning code. if a person wants to buy he doesn't want to compete with 15 bidders so the property is leased and then he exercises his right to buy the property, therefor avoiding the bidding process. Councilman Wise asked if Section 36 was surveyed yet and City Manager Brighton said it was not. He wanted to know if we are billing those properties within 200 feet of a sewer who are not officially connected? City Manager Brighton said we are not. MOTION: Councilman Wise moved, seconded by Councilman Ralston that we exercise the billing in accordance with the Code for all properties susceptible to sewer services. No action taken on Motion. � City Manager Brighton said that Planning nninq & Zoning are having a public hearing on the water on Wednesday. Public Works Director xornelis read the section of code where it requires the person to t hook up but does not address the City to charge them. City Attorney Rogers said the consensus was they wanted charges on water. Ordinance relative to sewer is a mandatory hook up. Canes that have been litigated deal with mandatory hook up. The proposed ordinance relative to water addresses mandatory charges as opposed to hook ups. ;. Councilman Ralston said that in regard to sewer when we got the money for the Sewer Treatment Plant it was a requirement that anyone within 200 feet of the sewer line had to pay for that service. Public Works Director Kornelis said it is a DEC requirement that we pass an ordinance similar to the one we have. However, if a person is hooked up to a septic tank they were allowed to use it until it had to be replaced. --- Councilman Wagoner felt that we could require mandatory hook up if and when their system becomes inoperative and we need to charge them a user fee and anybody who is paying the user fee we could waive the charge for the dumping of their septage. Councilman Measles said we have an ordinance that requires mandatory hook up but we don't have an ordinance where we can enforce mandatory payment without hook up. Unless we are going to change the ordinance, which he doesn't know we can under the f DEC contract, he doesn't see how we can pass a motion to require mandatory charges without enforcing mandatory hook up. ;I 10 r s Relative to Section 36, City Manager Brighton said we will have to go out for a request for proposals to get prices, after we get the cost we will bring it back to Council to see if you want the monies appropriated to have it surveyed. Councilman Malston said we should survey that portion adjacent to the present developed property first, Councilman wise said that at the joint meeting it was determined that development would occur adjacent to the stub outs that sexist. MOTION: Councilman wagoner moved, seconded by Councilman wise to direct Administration to go out and request the proposal to survey that portion of Section 36 that lies between the Spur *highway and the bluff, Motion passed unanimously by roll call vote. 9-2 City Attorney You have in your packet information on discrimination charge by S. J. Barnsley. The status is we have answered the complaint and Interrogatories and a response to request for production has been filed. There has also been a letter sent to the Human Rights Commission requesting certain discovery. Also read the last page of Mlic Works Director Kornelis' report on this matter. Another item is on Mr. McCool, representing ACI. He has made an offer for $1,000 to resolve the matter. This offer has been made previously and was rejected by the City, if it is not resolved, we anticipate getting a trial date in March or April. Be questions if they will pay attorney fees since the attorney is presently residing in Walla Walla. 95 Finance Director Finance Director Brown stated that Council had copies of the Financial Statement. Councilman Wagoner wanted to know the status on the BEA matter and City Attorney Rogers said he was half way through the file in researching. He intends filing litigation. ADJOURNMENT: �Me!etingadjourned at 9:55 P.M. v a' Mary Ann Dore Acting City Clerk ly, , k\