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Home My WebLink About1981-01-07 Council Minutes-.� ---- -- - - �,r��..a��-.oH.+...�.�,r.r.4;r-.:�.._., meso.rnr,o�r�•.errres aa��=�aa,r.�_= r AGENDA i �.� KENAI CITY COUllul', -- REGULAR MEETING JANUARY 7, 1981 FLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL. B. PUBLIC HEARINGS 1. Ordinance 612-80 - Amending Kenai Municipal Code - Sale of City Lands 2. Ordinance 632-80 - Amending Kenai Municipal Code - To Clarify Requirement of Minimum _ Number of Leave Hours per Year 3. Ordinance 633-80 - Increasing Rev/Appns, General Fund - State Library Grant - $1,700 4. Application for Renewal of Liquor License - - Eadie's Frontier Club ,." a. Beverage Dispensary b. Package Store S. 1981-82 Capital Improvement Projects, Request for State Grant Funding, Final Public Hearing C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Doris Lashley y -Renewal of Extension - _-=-= Serendipity Lease 2. Carmen Gintoli - Progress Presentation on Cultural Facility D. MINUTES 1. Regular Meeting - December 17, 1980 a. Partial Translation --- 2. Special Meeting - December 22, 1980 E. CORRESPONDENCE '•- F. OLD BUSINESS 3 G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 636-81 - Amending Kenai Municipal Code - Animal Control Ordinance 4. Ordinance 637-81 - Increasing Rev/Appns - Repair & Maintenance, Jail - $750 "per. S. Ordinance 638-81 - Appropriating Morey for Sewer Treatment giant Outfall - $653,400 - 6. Resolution 80-179 - Spacial Election on i ,r Citizen Support on Small Boat Harbor 7. Resolution 81-1 - Transfer of Funds •- to fire Auxiliary f!+r Marc Payments to Auxiliary Firemen S. Resolution 81-2 Transfer of Funds - La-gjs- lati.ve - Additional Monies for Activities of Council in Promoting City - $1,200 9. Resolution 81-•3 - Creating One Year Extension to Drilling & Special Use Permits for Cannery Loop 81 Well as Requested by Union Oil Co. of California a. Policy Discussion About Taking Gas in Kind 10. Resolution 81-4 - Transfor of Funds - Water & Sewer Budget to Provide More Monies for Oper- ating Supplies in Water Dept. - $2,000 11. Resolution 81-5 - Accepting EPA Grant - Sewer Treatment Outfall - $490050 12. Resolution 81-6 - Appropriating Money for Sewer Treatment_ Outfall, CH2M Hill $4,200 13. Resolution 81-7 - Transfer of Funds-- Legis- lative Transportation - $5,000 14. Kenai Peninsula Community Care Center - OMNI North - 3rd Progress Payment - $8.122 15. CH2M Hill - Sewage Treatment Plant - Progress Report 820 - $11,920 16. CH2M Hill - Sewage Treatment Plant Outfall - Amendment #3 - $4,200 17. Peninsula Engineering - Fidalgo S/D - Statement $4 - $7,954-89 18. Gary Davis, Administrative Coordinator Contract - December Services - $4,268.90 19. Dowling/Rice & Assoc. - Kenai Youth Center - 03,168.09 20. Blaay/Green, J/V - Kenai Youth Center - Pay Estimate #3 - $16,292.12 21. Brown & Assoc., J/V - Sewer Treatment Plant Expansion - Per. Estimate 86 - 095,738.28 22. Alaska Boilers - Pay Estimate 82 - Warm Storage Building - $51.205 23. Cable TV - Installation of System 24. Kenai Wetlande *project 25. CH2M Hill - Harbor Study & Design Contract H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT F. � KENAI CITY COUNCIL - REGULAR METING, MINUTES -. JANUARY 7, 1961 - 700 T*M KENAI PUBLIC SAFZTY BUILDING MAYOR VIMCENT O'REILLY PMOIDING -I FLEDGE OF ALLEGIANCE ' A. ROLL CALL Presents Dick Mueller, Tofu wagoner, Vincent O'Reilly, /+ Wit- lick, Jess Hall, Ron 14alston Absents Ray Measles AGENDA APPROVAL Mayor O'Reilly asked that C-2 - Carmen Gintoli, Progresso Presentation on Cultural Facility - be deleted. -- y ! Mayor O'PtaIlly asked that G-26 - Assignment of Interest, Peninsula Enterprises to James Carter be added. Council agreed to the changes. B. PUBLIC HEARINGS 1 `}) - 8-1 Ordinance 612-80 - Amending Kenai Municipal Code - Sale of City *rands MOTIONs 3 Councilman Mueller moved, seconded by Councilwoman Glick, to adopt the ordinance. ° - MOTION, Amendments - - Councilman Mueller moved, seconded by Councilman Malston, to ado Amendment E to the. ordinance as included in the Council packet. This refers to �1 necessary changes in order to sell tax foreclosed lands. f . Councilman Mueller explained this allows us ;o , �",41s under bid without regard to appraisal or fair market vallte, ; VOTE, Amendments —r Notion passed unanimously by roil call vote. -" Councilman Wagoner asked, what happens to the land that has been leased for a number of years? A lot a �r9:o G KENAI CITY CO'MCTL JANUARY 7, 1981 Page 2 of people have been keeping land for speculation. They should not be treated the same as those who have developed their land as promised. Atty. Delahay replied Administration is checking on this. The ordinance leaves it up to the City Manager as to selling of lands. This is limited to those with substantial improvements. All others can be sold to the highest bidders. Councilman Wagoner noted it might be of benefit to the City to notify those people when they are identified. Mr. Brighton said this is almost done, there will be no problem. Councilman wagoner said we should state, either produce or the City will take the land. Mr. Brighton said letters had been sent to leaseholders who were not in compliance, and in almost every case, they said they wanted to continue their lease and get into compliance. A report will be made to Council. Councilwoman Glick said she had asked before if the Planning & Zoning motion had been included. This should be open listing instead of exclusive, she asked City Manager Brighton to en- lighten the Council. Mr. Brighton explained, this was not a unanimous motion. It boiled down to the Q' fact it gave the City Manager the ability to nego- tiate with some real estate agents above others. Councilman Measles arrived at this time. City Manager Brighton said he thought Council could make a motion at this time if they wished to. Councilwoman Glick said it does give exclusive listing. Mr. Brighton said as he recalls, it was inferred that it prompted deals to be made by the City Manager -tnd other real estate firms. He can't imagine the Council seeing this happen. it does not say he will, but he may. Councilwoman Glick said, what the City Manager is saying is, as City Manager, he would deal with various real estate agencies for the majority of deals, but he could Seal with an exclusive real estate agent when he felt it was necessary. Atty. Delahay explained the reason for the exclusive amendment was, the real estate dealer will work harder for an exclu- sive listing. VOTE, Main Motion; Motion passed unanimously by .roll call vote. M d y a 'C� a KENAI CITY COUNCIL !'1 JANUARY 7, 1901 Page 3 Mayor O'Reilly directed the City Manager to send a copy of the ordinance to FAA, the Land Committee, and Planning x Zoning Commission. sill Burnett spoke. He requested that copies of the ordinance be sent to all land lessees. Council agreed. B-2 Ordinance 632-90 - Amending Kenai Municipal Code - To Clarify Requirement of Minimum Number of leave Hours Per Year. MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-3 Ordinance 633-80 - Increasing Rev/Appns, General Fund - State Library Grant - $1,700 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the substitute ordinance as distributed to Council. There was no public comment. Motion passed unanimously by roll call vote. B-4 Application, for Renewal of Liquor License - Eadie's Frontier Club a. Beverage Dispensary b. Package Store Clerk Whelan said all taxes were paid current. MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to send a letter of non -objection to the Alcoholic Beverage Control Board regardinq Eadie's Frontier Club. Motion passed unanimously by roll call vote. 4 Aa a ` G, E KtNAI CITY COUNCIL JANUARY 7, 1981 Page 4 B-5 1981-82 Capital improvement Projects, Request for State Grant Funding, Final Public Hearing Councilman Mueller moved, seconded by Councilman Malston, to approve the brochure and Capital Im-, provement Proposal as submitted. Motion passed unanimously by roll call vote. Mayor- O'Reilly thanked Public Works Director Kornelis, Airport Manager Swalley, City Manager Brighton, Finance Director Brown and many of the staff who did the work on the brochure. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Doris Lashley - Renewal of Extension - Serendipity Lease 1 Doris Lashley, President of Sea Catch, spoke. She said she had been busy getting financing for the fish processing plant, there had been no major changes till last week (wk of 12-29). Within 30 days she expects to have a complete package. She has been offered a total loan from private financ- ing, they had said if they had a hotel such as that, they would go. She needed 90 days more. She has to finish one project first. They are looking at a minimum $5 Million project. She thinks they can go ahead with a 100 room facility. That will create jobs. Mayor O'Reilly asked, what is the status of the lease? Airport Manager Swalley replied, the lease was approved May 1, 1979, at $2727.06 per month. The first 2 months were paid, nothing since. At this time they owe $57,000. with the Jan. 1981 payment, the total is $59,000. This extension, with- out penalties & interest, would amount to $8,000. Mayor O'Reilly asked, have we had an inquiry on this land? City Manager Brighton replied no. Mrs. Lashley noted, with the new ordinance, the company :? may prefer to buy the land. Councilman Mueller M noted another 90 day extension would further en- cumber Mrs. Lashley. He wondered if it would be better for the City and her to eliminate this. It would 7 give her breathing time. He hated to see the City and Mrs. Lashley tied up. Mrs. Lashley noted the lease is not to Sea Catch, but to Serendipity. s� rA KENAI CITY COUNCIL JANUARY 7, 1981 Page Mrs. Lashley further noted she didn't think the ordinance would"let you let it go by and lease again." Other lessees would object., ;Also, on a project this large:, the buyer would want the land tied up. Mr. 8walley said he realized the problem of the local economy. He would like to point out, however, the amount due directly affects the airport budget. It is 1/10th of the Lotal budget. These figures should be considered in the decision. MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, to postpone this item till the next meeting. Councilman Measles asked, during that time, could Mrs. Lashley get a letter of intent? It would be beneficial to the decision. Motion failed, with Councilmen Wagoner, Malston, Measles voting yes; Councilmen Mueller, Hall, Mayor O'Reilly, and Councilwoman Glick voting no. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to grant renewal of the extension. Councilman Wagoner asked Mrs. Lashley, would she know in 90 days? Mrs. Lashley replied yes. NOTION, Amendments Councilman Wagoner moved, seconded by Councilman Measles, that within 90 days, if the City does not have full payment, the lease would revert to the City. Atty. Delahay noted, the Council cannot do this, but they can make an agreement with the lessee to surrender the lease in 90 days or else submit total payment. MOTION, Amendment (Corrected): Councilman Wagoner, with consent of second -Council- man Measles, agreed to change the motion to read, "to make an agreement with the lessee to surrender the lease in 90 days or else submit total payment." a� I! i i KENAI CITY COUNCIL ,O" JANUARY 7, 1981 Page 6 Councilman Hall said, that means in 90 days they are not only going to have negotiations complete, but they will have to come up with the money and have funding. That is not possible. Mrs. Lashley agreed. Councilman Hall said he thought a letter of intent is better. Also, he thought in 90 days we will not be any further ahead than we are now. Atty. Delahay said Mrs. Lashley had stated a commitment would be impossible, but an agreement might be possible. VOTE, Amendment as Correcteds Motion failed unanimously by roll call vote. Councilman Hall asked Mrs. Lashley if she thought she could get something more plausible than a letter of intent? Mrs. Lashley replied she can get a letter of intent as soon as she gets with the people, probably within 30 days. VOTE, Main Motions Motion failed, with Councilmen wagoner, Malston, Measles voting yes; Councilmen Mueilez, Hall, Mayor O'Reilly, and Councilwoman Glick voting no. D. MINUTES D-1 Regular Meeting - December 17, 1980 a. Partial Translation Councilwoman Glick asked that page 3, paragraph 1, line 4, be changed to read, "us what part of the wetlands fall under--" Councilwoman Glick asked that page 9, item F-2, line 11, be changed to read, "works Committee at the last Council meeting (12-3-80).--" Councilwoman Glick asked that page 11, item G-2, line 23, the word, design -built be changed to read, design -build. Councilwoman! Glick asked that page 26, paragraph 3, line 1, the name Notbeew be change to Mateer. ViQ*c'A Council approved the changes and corrections unanimously by voice vote. Councilman Mueller asked that page 7, paragraphs 1 and 3 be corrected. He thought they were the same thing. Clerk Whelan explained the word "slot" was changed to read "a lots' two different times. i 1 ' I J Rv:� KRUAI CITY COUNCIL JANUARY 7, 1981 Page 7 a Clerk Whelan noted, D-3, should he D-2a. D-2 S g Special Meeting -December 22, 1980 Councilwoman Glick asked that page 3, paragraph 5, line 4, the work. "the" be added before "City." Councilman Mueller asked that page 2, paragraph 6, line 3, the amount be changed to read, $145,000. Council approved the changes unanimously by voice — - vote. Councilman Mueller asked, on page 6, paragraph 4, had the Council agreed to the changes? It was the unanimous opinion of the Council that they had. Mayor O'Reilly asked if there were any objections to the change in priorities as listed in page 61 -° There were none. - Ott E. CORRESPONDENCE Done F. OLD BUSINESS .�. None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified -=-- MOTIONS n=� Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed unanimously by roll call vote. Mayor O'Reilly asked the finance Director what.he was getting on CD's. Finance Director Brown replied 15. 5%. G-2 Requisitions Exceeding $1,000 - — None r - :1 b P 'J n KENAI C117 COUNCIL JAW. 1 1981 Page 8 G-3 Ordinance 636-8.1 - Are,ending Kenai Municipal Code - Animal Control Ordinance MOTIONS Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. G-4 Ordinance 637-81 - Increasing Rev/Appns - Repair b Maintenance, Jail - $750 MOTIONS Councilman Hall moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. G-5 Ordinance 638-81 - Appropriating Money for Sewer Treatment Plant Outfall - $653,400 MOTIONs Councilman Mueller moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. G-6 Resolution 80-179 - Special Election on Citizen Support on Small Boat Harbor MOTIONS Councilwoman Glick moved, seconded by Councilman 'Wagoner, to adopt the substitute ordinance which was on the table. There was no public comment. Councilwoman Click asked to explain the substitute resolution. The original had additional proposals to be voted on regarding the purchase of possible sites from Mr. Roper. Due to questions raised at Council and Harbor commission meetings, she thought it would be better if we deleted that. Also, Prop- osition 4 of the generally accepted Capital improve- ment proposal, there were questions raised. There f L r q E 1 A 1 1 f 1 s i 1 KENAI CITY COUNCIL JMUARY 7, 1981 Page 9 are projects in there that some groups might be opposed to. Councilman Wagoner noted if prop. 4 passed and prop. 2 fal e?, they are dealing with the same thinq. there, are other propositions that have already been approved by the nt:blic. Their intent was, the Governor may require a vote of the people. At that time, we could ask for a vote. Councilman Mueller asked, is it in the brochure that these projects would be brought to a vote of the people? Public Works Director Kornelis replied no. Councilwoman Glick noted, also, the small boat harbor was riot approved by Council. Mayor O'Reilly said the survey covers some of these subjects. Motion passed, with Councilman Mueller voting no. Mayor O'Reilly directed the City Manager take the necessary actions to start an election with the City Clerk. C-1 (Reconsideration) MOTIONS Councilwoman Glick moved, seconded by Councilman Maiston, for immediate reconsideration of the - Lashley extension. Councilman Wagoner said right naw Serendipity owes much money, almost $70,000. We did her a big favor by refusing. We have negated the possibility of ever getting the money or the facility, for want of a 90 day extension. Councilman Malston asked, how many times has Council been accused of forcing 'T business out of the community? By denying, it precludes her from getting financing. He felt it's gone on this long, we should favor this with an agreement that she has something positive in 90 days. Councilman Wagoner noted Mrs. Lashley has had financial problems in the past, but has a way - -:. of coming through with the money. Councilwoman Glick noted she thought if the minutes were re- r^'-` searched, we would find this was said last time around. She was on the Planning Commission when this first came up. In the past she has always gone with an extension, but how lone► can this ao on? Prom the City point of view, we have done her a favor. Councilman Hall noted, to put a project of _rl this size together, you're not looking at 90 days, f 5 REUAZ I'ZTY COUNCIL eIN, JANUARY 7, 1991 page 10 it is more like six months to a year, and about 0100,000. Councilman Wagoner said there's been a lot of work done on this. He feels to nip it in the bud •--- we are not moving the land. At least we are accruing a paper value. Councilman Mueller said he didn't think a 90 day extension will make this much difference. As long as she can prove the land is available, this would be enough for the financiers. We are just accruing additional debt for the City. Councilman Measles said he disagreed. Councilman Hall asked if the lease is cancelled at this time and she gets into serious negotiations, could the City give her an option or would the debt, have to be cleared? Atty. Delahay replied the City could do what they want, if you're giving an option, that is the same as granting a lease. Councilman Hall asked, if she came back with the funding, could the City give her an option to buy? Atty. Delahay replied, with an option to buy, it will have to go on the open market. If yeuu grant her a 90 day extension, they should be able to raise 050,000 in 90 days. 0 VOTE s Motion passed, with Councilmen Wagoner, Malston, Measles, Councilwoman Glick voting yes; Council- men dueller, Hall, Mayor O'Reilly voting no. MOTION, Amendments Councilwo"n Glick moved, seconded by Councilman Malston, that the grant extension would be granted and that at least 3/4 of the amount due be paid at the end of 90 Says prior to any further consid- eration of the extension should the final package be in the offing. Councilwoman Glick said she felt that the Council has done her (Mrs. Lashley) a favor. Contrary to ho:: she feels, she is making the motion. Maybe one more timus--- VOTE, amendments Motion parsed, with Councilmen Mueller, Wagoner, Malston, Measles, Councilwoman Glick voting yest Mayor O'Reilly, Councilman Hall voting no. W KENAI CITY COUNCIL JANUARY 7, 1981 Page it VOTE, Main Mo�;.on: Motion passed, with Councilmen Wagonor, Halston, Measles, Councilwoman Glick voting you, Council- men Mueller, Hall, Mayor O'Reilly voting no. City Manager arighton was directed to notify Mrs. Lashley of the reconsideration vote. G-7 Resolution 81-1 - Transfer of Funds - to Fire Auxiliary for More Payments to Auxiliary Firemen MOTIONS Councilman Maleton moved, seconded by Councilman Measles, to adopt the resolution. Fire Chief Winston explained he has one full time, one part time noepublis co=enpay. Motion passed unanimously by roll call vote. G-8 Resolution 81-2 - Transfer of Funds - Legislative - Additional Monies for Activities of Council in Promoting City - $1,200 MOTION: Councilman Malston moved, seconded by Councilman Mueller, to adopt the resolution. Councilwoman Glick asked Finance Director Brown, what is the balance in contingency? Mr. Brown replied $8,135. Councilwoman Glick said she knew we are interested in promoting activities. What is being proposed? City Manager Brighton replied the money was used to make the brochures of the Capital Improvement Projects. There is not enough to cover the bills now. This will cover the addit- ional expenses. There was no public comment. Motion passed unanimously by roll call vote. G-9 Resolution 81-3 - Creating One Year Extension to Drilling & Special Use Permits for Cannery Loop ail Well as Requested by Union Oil Co. of Calif. a. Policy Discussion About Taking Gas in Kind MOTIONS Councilman Measles moved, seconded. by Councilman Mueller, to adopt the resolution. KENAI CITY COUNCIL JAVUAR'1 7, 1981 Page 12 There was no public comment. Councilwoman Glick asked, what is the effective date of Eiie extension? She said she had no problem with the extension. Atty. Delahay ex- plained, these extensions are for one year. There was a delay in getting notice to the company. They will have no problem with the extension. Motion passed unanimously by roll call vote. G-9a; Mayor O'Reilly explained, our leases on gas read that we will receive value not -in -kind. His sugges- tion as negotiations are started with Union and other companies, we have leases read that we can receive gas -in -kind. He would like to see the City Manager start negotiations. Atty. Delahay said we already have certain leases of City lands. This is State mineral rights, not City. If they bring on other wells, we might be able to recognize profit. This is a negotiating point, if they come to us with a request for lease. This should not be a demand, just a request. MOTIONs Councilwoman Glick moved, seconded by Councilman Wagoner, to direct the City Manager to start mean- ingful discussions of the possibility of taking Bas- in -kind rather than in value. Motion passed unanimously by roll call vote. G-10 Resolution 81-4 - Transfer of Funds - water & Sewcr Budget to Provide More Monies for Operating Supplies in Water Dept. - $2,000 MOTIONs Councilman Measles moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-11 Resolution 81-5 - Accepting EPA Grant - sewer Treatment Outfall - $490,050 0 KENAI CITY COUNCIL JANUARY 7, 1981 Page 13 MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to adopt the resc3611tion. There was no public comment. Motion passed unanimously by .roll call vote. G-12 Resolution 81-6 - Appropriating Money for Sewer Treatment Outfall, CH2M Hill - $4,200 MOTIONs Councilman Measles moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. At request of Councilman Hall, Public Works Direc-or Kornelis explained, the billing for this is $G-16 on the agenda. It is the actual outfall line it- self. It will go out to bid Feb. 4, 1981. Council= woman Glick said she felt uncomfortable with engi- neering contracts that thOY will do a certain amount with cost plus. This is one of those contracts. In the future, the City should make sure engineers are bidding on specific items, if anything is mis- calculated, they should pay. Motion passed unanimously by roll call vote. G-13 Resolution 81-7 - Transfer of Funds - Legislative Transportation - $5,000 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed unanimously by roil call vote. G-14 Kenai Peninsula Community Care Center - OMNI North - 3rd Progress Payment - $8,122 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. i i; S �r f i KENAI CITY COUNCIL nxuARY 7, 1981 Page 14 G-15 CH2M Hill - Sewage Treatment Plant - Progress Report #20 - $11,920 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approve -..ha billing. Motion passed unanimously by roll call vote. G-16 CH2M Hill - Sewage Treatment Plant Outfall - Amendment #3 - $4,200 MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve the signing of the amendment. Motion passed unanimously by roll call vote. G-17 Peninsula Engineering - Fidalgo S/D - Statement #4 - $7,959.89 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Councilwoman Glick asked Public works Director Kornelis, regarding Mr. Henderson`s cover letter, the man-hours are over because it was on an over- run basis, is that correct? Mr. Kornelis replied yes. Motion passed unanimously by roll call vote. G-18 Gary Davis, Administrative Coordinator Contract - December Services - $4,268.90 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Councilwoman Glick asked Finance Director Brovm, was the progress report submitted? Mr. Brown replied yes. i KENAI CITY COUNCIL JANUARY 7, 1981 Page 15 Notion passed unanimously by roll call vote. G-19 Dowling/Rice 6 Assoc. Kenai Youth Center - $3,168.09 MOTIONs Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Notion passed unanimously by roll call vote. G-20 Blazy/Green, J/'l/ - Kenai Youth Center - Pay Estimate #3 - $16,292.12 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-21 Brown i Assoc., J/V - Sewer Treatment Plant - Expansion - Per, Estimate #6 - $95,738.28 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the billing. Councilman Hall rioted on the change order excava- tion, what is pending? Public Works Director Kornelis explained, they still have not asked for full change order #1. Notion passed unanimously by roil call vote. G-22 Alaska Boilers - Pay Estimate #2 - Warm Storage Building - $51,205 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the substitute billing as sub- mitted to Council, in the amount of $32,310. Public Works Director Kornelis explained the orig- inal was given to him without invoices. When they purchase materials and are on site, they are allowed r • 1 M N KENAI CITY COUNCIL JANUARY 7, 1981 Page 16 to put it on the pay estimate. He recommended #3 site work be held till the work is done. Motion passed unanimously by roll call vote. G-23 Cable TV - Installation of System City Manager Brighton explained this was in the packet last time for information. This is a local company with intent to put Cable TV in Kenai. They would like an endorsement by Council in anticipation of future competition. There are no applications before APUC at this time. Council- man Measles asked, does the Code require a permit or-4ef'franchise? Mr. Brighton replied it is up to APUC. The City has no right to say. Councilman Hall asked, what will the charges be? Mr. Brighton replied, he didn't know. It must be approved by APUC. It would help with financing if Council gave an endorsement. They will have to pay a fee if they use existing poles. Atty. Delahay ex- plained, they must have a permit to use City streets. The fee must be reasonable. Council- man Hall asked, how are the underground lines done? Mr. Brighton replied, by negotiating with the utility company. He added they don't have to pay a fee to the City. Atty. Delahay said they must have permission from land owners. Council- woman Glick asked, these people have not applied to APUC? Mr. Brighton replied, right. They must have financing first. Council agreed that they would like to have Mrs. Hakkinen speak at the next meeting. G-24 Kenai Wetlands Project Mayor O'Reilly asked, which draft are we up to? Administrative Coordinator Davis replied #6 will be done Jan. 14, 1981 for information only at the special meeting. G-25 CH2M Hill - Harbor Study & Design Contract Mayor O'Reilly noted the Harbor Commission and CH2M Hill will have a meeting Jan. 9, 1981 at the Public Safety Building. They would like Council to appear. This material is for information only. G-26 Assignment of Interest - Peninsula Enterprises to James Carter 1 d f g- n . N KENAI CI i i COUNCIL JANUARY 7, 1981 Page 17 City Manager Brighton explained, Peninsula Enter- prises is a Caster organization.. He is getting financing and he roust have the leases, not the corporation. MOTION: Councilman Wtasles moved, seconded isy Councilman Hall, for approval of the assignment of leases. Councilman Malston asked, what lots are these? Mr. Brighton replied, the 14ukluk building. Council- man Mueller said it would be a great help if the Council was furnished with a map. Mayor O'Reilly replied the administration will supply. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. Regarding who owns the cemetary. The 'land belongs to the Pederal Government. The land transfer was approved with the understanding it will go to the City. It has been in the process for 8 years. Hs asked Public works Director Kornelis, have we received the patent for the Scout park? Mr. Kornelis replied, no but it should be very shortly. Mr. Brighton explained, that was mentioned at the same time as the cemetary. He is working with Tim wiesneaski on the contract, it will be at the next meeting for Council approval. 2. we are about 10 days away from the questionnaire being finalized. 3. At the next Council meeting, he will have some- thing on pay scale classifications. 4. The Kenai Health Center rent problem is not settled yet. 5. He requested Police Chief Ross make a report on the Peninsula Communications System. Chief Ross spoke. To date it is still a feasibility discussion between agencies. He HENA7 CITY COUNCIL JANUARY 7, 1991 Page 18 would like to have a work ses3siors when the dis- cussions are complete. Also, there is draft legislation from the State. in the past, State functions had to be run by the State. This would enable a State a.es:-.ry to fr; m a public corporation not under control of the State. The State of Alaska, Soldotna and Nikiski have accepted. He would like to ask if the Council wants the Administration to continue discussions. Mr. Brighton said the State Troopers are origi- nators of the meetings. Everyone involved has a greater need than curs. It will get eompli- cated. He suggested a representative be at all meetings. Chief Ross explained, he is not asking for a committee, he doesn't know what form this will take. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to direct Administration to continue with participation, based on Chief Ross' recommendation, - but reserve the right to determine to what degree we will participate in the future. Motion passed unanimously by roll call vote. Councilwoman Glick asked City Manager Brighton, the Federal Revenue Sharing program has been extended, has the form been filed? Mr. Brighton replied yes, b' a month fa advance of adoption. H-2 City Attorney Atty. Delahay said he has received notice of a meeting of the Legislative Council of the Municipal League, dated Jan. 19. He will attend, with Council approval, and will take comp. time Jan. 22, 1981. Council approved the meeting and comp. time. H-3 Mayor Mayor O'Reilly spoke. 1. On Jan. 14, 1981 there will be special meet- ing of the Council. ARCO will be having a reception in Anchorage on that date. ARCO has invited the Mayor and a guest, so he will not be able to chair the special meeting. I, 4 4 a n KENAI CITY COUNCIL JANUAV i, 1991 Page 19 Exxon/Fluor will meet with a rub committee of Cowacinwealth north in Anchorage on .Tan, 15, Councilman full will sit in at the meeting, but the Mayor would line additional represen- tation, 1. Representativs Malone, City Manager Brighton and Mayor O'Reilly had a meeting regarding the Senior Citizen Facility. The Mayor vis- ited Chugiak facility. The Council will re- ceive a letter describing the visit. This is just at the exploratory stage. 3. With Council approval, the Mayor asked to appoint a Finance Committee to review the audit proposals with the Finance Director. Councilwoman Glick was appointed chairman, Committee members are Councilman Malston and Councilman Measles. 4. The Mayor has had a telegram exchange with James Fisher, a lease -holder of City lands. His water pipes had frozen up in his leased building. He stated the street construction had cut his thaw wire. The Mayor replied the City has no commitment to him. 5. Regarding the Alaska Pacific Sank job. He will observe the last paragraph in Atty. Delahay's memo totally. He will furnish a list of individuals that might be cause for concern. City Manager Brighton said, regarding the Senior Citizen Center, Council on the Aging Project Director Porter is making a study. 9-4 City Clerk None H-5 Finance Director None H-6 Planning & Zoning Councilwoman Glick said she had no report. Mayor O'Reilly said we should discuss the Borough i ti a.i KEHAI CITY CGiJUCIL JAUVAK 7, 1901 i page 20 diseuezions regarding the proposed change of fUud- ing allocation of Roads & Trails, It goes from State to areas outside of cities, He called Jesse Wade and asked that it be tabled and that we need better comatunieation with our representativez. public works Director zarnelis said the Borough has some cities that are under control of the Borough. These are the oases that are affected. Atty. Delahay explained a Home Rule City gets their fundr, directly from the state, mayor O'Reilly noted the main point is that the Borough is trying to change the situation, and the have not been kept informed. Councilwoman Glick said Kr. Anderson from Homer told her they had been saving their cronies to have one big project, they are concerned. H-7 Harbor Commission Councilman Wagoner spoke, The last meeting was a discussion of the C92H Hill lease. They had exe,eptions to the lease. The Harbor Commission wants Mr, Le)fia n to come down and discuss the con- tract with the Harbor Commis$i4,n and all Council members that could be present. Councilwoman Glick J said whenever we are dealing with a contract of this nature, Council should be involved, speci- fically the public Wor" Committee. I, PZRSONs PRESZUT UOT sCHEDULED TO BE HEARD Z. mayor O'Reilly reminded the Council of ,the special meeting Jan. 14, 1991 with the Harbor Commission and the planning & Zoning Committee. Vice -mayor Glick will chair the meeting, 2, Councilman maloton noted he will not be here for the Jan. 21, 1901 meeting. 3. Councilman Wagoner said the Harbor Commission was worried about the date of the vote on Res. 90-179 (Feb, lo, 1901). They would like it to be set back to Feb. 24, 1921 zo they could go back to another consultant. Councilwoman Glick said there were teal problems with the time problem. She noted after Friday (1-9-01) we may be doing something different. 4. mayor O'Reilly said he may get involved with Alaska pacific Bank financing. It does not involve the City at this time. 5. RWj Coyle spoke. She felt one of the Council- man should be at the Borough Assembly meetings. KENAI � ITY C_OMICIL JANDI,tRY 1, 1981 Page 21 A move is afoot and the Borough might try to change us to a 3rd clasp► Borough. what is a 3rd class Borough? Atty, De3shay explalne<3 Haines is the only 3rd class Borough in the State, It is a school district only. Mrs. Coyle asked, is this allowed? Atty. Delahay replied yes. Councilwoman Glick said in a conversation with Paul Fisher, he said in one of the next 2 meetings, there will be a prc- posal made. The Borough dissolves the School Board and acts as a School Soard and Assembly. Mrs. Coyle noted this had been discussed on Sound -Off. 6. Councilwoman Glick said she will be in JTuneau ! Jan,26 and 27 with Municipal League. Atty. Delahay said this should Iv pttA by the City. Council agreed unanimously by voice vote, to f pay her expenses. ADJOUFJVWT Meeting adjourned at MIS PM. Respectfully Submitted,PY �y net an, ty C erk i i, I i 1 ' 1 R `j r) 40 n KENAI CITY COUNCIL January 7, 1981 Partial Translation G-23 Cable TV - Installation of System City Manager Brighton explained, this Baas in that packet last time for information. This is a local company with intent to put cable TV in Kenai. They would like endorsement of the Council in anticipa- tion of future competition. There are no appli- cations before APUC at this time. Councilman Measles asked, the Code requires a permit of franchise? Mr. Brighton replied, it is up to APUC. The City has no right to say. Councilman Hall asked, what will the charges be? Mr. Brighton replied he didn't know. It must be approved by APUC. It would help with the financing, if they had our endorsement. They will have to pay a fee if they use existing poles. Atty. Oelahay noted they must have a permit to use City streets. The fee must also be reasonable. Councilman Hall asked, how are the underground lines done? Mr. Brighton said by ;.egotiation with the utility company. Mr. Brighton added he didn't think they had to pay a fee to the City. Atty. Uelahay said they must have permission from the land owner. Councilwoman Glick confirms, these people have not applied to APUC? Mr. Brighton explained, they must have their financing first. Council agreed that they would like to have Mrs. Hakkinen speak at the next meeting regarding her proposal. Respectufully Submitted, folnet a an, C ty C erk +III 1 1 � I 1