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Home My WebLink About1981-01-21 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 21, 1981 - 7s00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL S. PUBLIC HEARINGS 1. Ordinance 636-81 - Amending Kenai Municipal Code - Animal Control Ordinance 2. Ordinance 637-81 - Increasing Rev/Appns - Repair & Maintenance, Jail - $750 3. Ordinance 638-81 - Appropriating Money for Sewer Treatment Plant Outfall - $653,400 4. Application for Restaurant Designation to Allow Access of Persons Under 19 - Sheffield House, Kenai S. Applications for Renewal of Liquor Licenses; Beverage Dispensary - a. Casino Bar b. Katmai Room c. Harborview Inn Package Store - a. Casino Liquor Store C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Dr. John Wilsey - Kenai Community College Report 2. Nick Longhitano - Flooding Problem, Forest Drive & Redoubt 3, Carmen Gintoli - Progress Presentation on Cultural Facility 4. Yvonne Hakkinen - Kenai Cable TV D. MINUTES 1, Regular Meeting, Jan. 7, 1981 a. Partial Translation, Jan. 7, 1981 2. Special Meeting, Jan. 14, 1981 a. Partial Translation, Jan. 14, 1981 E. CORRESPONDENCE 1. Alaska, 1984 - 25th Anniversary of Alaska Statehood F. OLD BUSINESS A a . G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Zweeding $1,000 3. ordinance 639-81 - Amending Kenai Municipal Code tc Clarify Rate of Pay for Overtime, Hours of Work, and Holiday Pay for Shift Employees 4. Ordinance 640-81 - Amending Kenai Municipal Code to Require Action by Ordinance Regarding Public Use Lands 5. Ordinance 641-81 - Amending Kenai. Municipal j Code - Provide for Employee Classification, Legal Dept. 6. Ordinance 642-81 - Increasing Rev/Appns - I New Capital Project "Port Facilities Grant"-$715,000 7. Ordinance 643-81 - Increasing Rev/Appns - Engineering on Street Improvements - $156,500 p- - 8. Resolution 81-8 - Transfer of Funds - Provide Monies for Veterinary Services - $250 9. Resolution 81-9 - Transfer of Funds - Provide # Monies to Purchase Candy and Coffee for ! Council - $350 10. Resolution 81-10 - Requesting Grant From State, _., Port Facilities Development Grant - $643,500 i 11. Resolution 81-11 - Selecting Peat, Marwick, I Mitchell 6 Co. for City Audit, 1981,1982,1983 12. Resolution 81-12 - Transfer of Funds - Furnish- ings 6 Fixtures for New City Hall - $25,000 13. Resolution 81-13 - Commemorating 25th Anniv- ersary of Alaska Statehood 14. Carmen Gintoli - Architectural Services - Cultural Facility - $4,250 15. OMNI North - Pay Estimate, City Administration Bldg. - $110,392 16, OMNI North - City Administration Bldg. - _- Request to Reduce Retainage 17. OMNI North - City Administration Bldg. - �'" Change Order ail, Time Extension 18. CH2M Hill - Progress Report, 821 - Sewer Treatment Plant Interceptor 6 Outfall - $5,580 � 19. Lease of Airport Lands - - 20. Assignment of Lease - John Steinbeck, dba Kenai Food Center, to D6A 21. Proposed Addition to Feb. 10, 1981 Ballot ii, kEgORTS 1. City Manager 2. City Attorney 3. mayor 4. City Clerk S. Finance Director 6. Planning 6 Zoning 7. Harbor Commission Z. PERS=S PRESENT HOT SCHEDULED TO BE HEARD ADJOUWW3NT i i I �J I � C r. I i i •� KENA7. CITY COUNCIL, REGULAR MEETING, MTNUTEC JANUARY 21, 1981, 7:00 PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vincent O'Reilly, Betty Glick, Jess Hall, Ray Measles, Dick Mueller, Tom Wagoner Absent: Ron Malston Mayor O'Reilly acknowledged Mr. Ackerly's class from the high school in attendance. AGENDA APPROVAL Councilwoman Glick asked that a report from the Kenai Peninsula Borough be added after 9-6, Planning & Zoning Report. Councilman Mueller asked that the Land Committee Report be added as item H-8. �. Council agreed to the changes. B. PUBLIC HEARINGS B-1 Ordinance 636-81 - Amending Kenai Municipal Code - Animal Control Ordinance MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-2 Ordinance 637-83 - Increasing Rev/Appns - Repair & Maintenance, Jail - $750 MOTIONS Councilwoman Glick moves;, seconded by Councilman Mueller, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-3 Ordinance 638-81 - Appropriating Money for Sewer Treatment Plant Outfali - $653,400 %A w 1 o ai •- Vt4e- �pu ayu(nc :�v,�q.. ii tag its S v co 4 aQ k1 j QW- 4LA w 4 Y► 4,4 Ano g„,,pr"t- OrLLiv�Qirnefca C-1 ; (,k ) KEUAI cirri COUNCIL JJWUAKY 21, 1981 Page 2 There was no public commont. Motion passed unanimously by roll call vote. B-4 Application for Restaurant Designation to Allow Access of Persons Under 19 - Sheffield House, Kenai MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to send a letter of non -objection to the AUoholic Beverage Control Board and have the City manager sign the application. notion passed unanimously by roll call vote. 9-9 Applications for Renewal of Liquor License+, Beverage Dispensary - a. Casino Bar b. Katmai Room co varborview inn Package Store - a. Casino Liquor Store Clerk Whelan said Casino Bar and Harbor View are current on their taxes, Katmai is not. MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to send a letter of non -objection to the Alcoholic Beverage Control Board regarding the Casino Bar, Casino Liquor Store and Harbor View, and to send a lcttar of objection regarding the Katmai Room. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 or, John Wilsey - Kenai Community College Report Mayor O'Reilly noted Dr. Wilsey was ill, we will schedule him for the next Council meeting. C-2 Nick Longhitano - Flooding Problem, Forest Drive 6 Redoubt Nick Longhitano spoke. His home is in woodland Orbdivision, on the corner of Forest & Redoubt. There is quite a lake there. When he bought the w I 7_�;_f' n � yJ XZNAI CITY COUNCIL JAUUART 21, 1981 Page 3 land, Forest Dr. had not been paved. Two years ago, the City put in a drain. All it drains is across the street. They're going to have to tap the sewer. He kept it all drained out last summer, he cannot do it in the winter. Public Works Director Kornelis said Mr. Longhitano built his house in a hole. The house is higher than the street. The garage is lower than the house. He went out and looked at it. when the City put in a culvert, Mr. Longhitano stated he would take care of it. This has happened elsewhere in Kenai. A barrier in the driveway might help. The City cannot run storm water into the sewer system. Mr. Longhitano said the closest storm drain is one block away. His concrete slab is level, he doesn't have a basement. He is 12 inenes over the curb on Redoubt. Mayor O'Reilly asked, how about Forest Dr.? Mr. Longhitano replied, none of the houses on Forest or. are at street level. Mr. Kornelis said Mr. Longhitano did not use curb cuts he designed his cun. Mr. Longhitano said other people have. Mr. Kornelis said in creating his own drain, he created his own problem. City Manager Brighton suggested Mr. Kornelis take another look and make an estimate of costs, then go to Council. Mr. Longhitano said he didn't want a barrier, he cannot get into the driveway now. He has been try- ing to get this for 3 fears. If he doesn't get storm sewers, he will take it to an attorney. Councilwoman Glick asked, when was the house built? Councilman Hall replied, about 1976 or 1977. Council- woman Glick asked, before or after Forest Dr. was built? Councilman Hall replied, after. Council- woman Glick asked, do we have a responsibility? She asked the administration to check that. Council- man Wagoner said Mr. Longhitano dug out a portion of the curb, did he have a permit? Is that City property? Mr. Kornelis replied it is City property. The City does not have a permit system, but he should have checked with us. What he has done is make a daylight basement. In the summer, it is okay, in the winter the pipes freeze +gyp and create a problem. Councilman Wagoner said there was no problem till he built his house. Councilman Mueller said there was no problem till Forest Dr. was built. Councilman Hall said the solution is a slope on the paving. C-3 Carmen Gintoli - Progress Presentation on Cultural Facility. K,EUAI CITY. COUNCIL J1L.nUARY 21, 1981 Page 4 Carmen Gintoli spoke, He has met with the theatri- cal architect. The theater is up from 30,000 sq. ft. to 40,000 sq. ft, If this is funded by the Cultural Facilities Development, we must have a full blown theater for the performing arts, They have gone from $5 bullion to $9 Million. There is a provision in the previous application to increase due to inflation, but there are some legislators that are not behind it. Some towns have built in phases. His next step is to send the plans to professional estimators. He will ask for 3 phases. The Committee feels we should present this to the legislators as is, Mayor O'Reilly asked if a study had been made of this in relation to other facilities in the area, Mr. Gintoli replied yes. It is proposed as a 1060 seat facility. The sugges- tion was made to make it a 750-800 seat capacity. The Committee still wants 1000. He noted the architect wanted more information on attendance, type of entertainment, etc. We cannot give this, because we feel there would be more if we had better facilities. Mayor O'Reilly asked if Mr. Gintoli could get information on: 1. Usage 2. Estimated operating costs 3. The balance of revenue s costs Councilman Measles noted the 1983 building date. Is that 1983 dollars or "now" dollars? Mr. Gintoli replied, it will be complete in 1983. He will get a more accurate estimate, he is not sure. Council- woman Glick asked if the change to a flat roof would withstand heavy snow, Mr. Gintoli replied it is designed to drain. Councilwoman Glick noted it was proposed in 3 phases: Performing arts, conven- tion center, and museum. Is that how the Committee agrees? Mr. Gintoli replied, there is no order, but the auditorium is first. The convention hall should be next, for economic reasons. Councilman Wagoner noted we will have a meeting with the Cultural Committee in the future. He is concerned with the growth and increased costs. Mayor O'Reilly said the problems ares 1. Getting a handle on the project 2. Getting a handle on the thoughts of the Committee 3. Getting both related to the Council Mayor O'Reilly appointed Councilman Mueller as an Ad Hoc Committee to meet with the Cultural Facility Committee to discuss: EXUAI CITY COUUCIL ;- JAUUARY 21, 1991 Page 5 11 Convention, Center aspects 2. Relation to hotel rom capacity 3, Relation of thesas to other similar or ac,Lua1 „f r, facilities Mr. Gintoli said in discussing this with Mo. Pettiger, she feels we are in a good position with the legislature, Mayor O'Reilly said that should be looked into also. Councilman wagoner said if there is a list of the —• 13 coraaunities that got money and are on a priority basis, Councilman Mueller should get the list, it is public information. City Manager Brighten asked if she knew of the present 09 Million account proposed, =' and what was her opinion? Mr. Gintoli replied she ` said to continue. C-4 Yvonne Hakkinen - Kenai Cable Ty a Yvonne Hakkinen spoke, She and her husband are long time residents, they live in Kasilof. Her husband ' is an electrician, A majority of the lines will be cabled underground on dedicated easements. HEA and Glacier State have no objections to use of the poles. 'There will be 11 channels, with #12 re- served for public service. This can be changed at any time. Costs will bes 1. 020 per Month, 02 for each additional oat U 2. 09 per month for Home Boss Office 3. 065 for installation, 025 if there is already a cable there, 4. Free disconnect They will start with willow to rarest St., taking in Redoubt Terrace, They hope to submit in 2 months, and have it by Pall. They sent out a survey and received favorable results, (These were distributed), '"5 = She is asking for a letter of endorsement from the 1` City of Kenai. Mayor O'Reilly arcked if they were incorporated, Mrs. Hakkinen replied no, they do not plan to, Mayor O'Reilly asked if they had -_-. - looked at Juneau and other system, Mrs, Hakkinen ° replied Juneau is not a good comparison, Mayor O'Reilly asked if there had to be a financial —= arrangement with the City, Mrs. Hakkinen replied in other states, yes, but not in Alaska, The PUC is the only entity that can grant a franchise. Councilman Hall asked how do they propose to go f��" - through Redoubt. Mrs. Hakkinen replied they would /'° XZUAI C1111 COtgfCIL JAUVARY 21, 1981 Page 6 bore under the street. Councilman wagoner asked, are they asking for an endorsoment of the concept? Mrs. Hakkinen replieed,no.-an endorsement of tie company. Atty. Delahay read ZAGcA the Alaska Statutes rfMarding this subject. He noted the City owns the streets, the City must insist on the right to grant a permit with conditions set in the permit, mayor O'Reilly asked, does she have any idea of the money involved? Mrs. Hakkinen replied, the entire. system covers over 11 miles, the approx- imate cost would be 0300,000. Councilman wagoner said he would like to see a more detailed report of the loan, etc. If we were endorsing the project, that would be one thing, to endorse the company without lo,9king at other applicants is another. Hre. Hakkinen said they are the only ones who have applied. She added, as for financing, they must have a full report for financing. It will take 6 months to start, they would like to stirt now. Also, Kenai is not a viable market, tive- houses are spread out. MOTION s Councilwoman Glick roved, seconded by Councilman Zeaslao, to endorse installation of Cable TV in the City of Kenai as requested by Mrs. Hakkinen, d/b/a Kenai Sable TV with the understanding proper permits will be obtained from the City prior to installation start-up and upon execution of permits by APUC. This will ba valid for one year, expiring Jan. 31, 1982. Councilman wagoner asked, will that prohibit anyone from going across the river or into other areas? Mrs, Hakkinen replied, it would be uneconomic to do so. It costs over 623,000 for one mile of cable, Councilman Hall asked if Mrs. Hakkinen had any indica- tion as to how long the financial arrangements will take, Mrs. Hakkinen replied, she hoped to have it by tonight. The preliminary has been done, they cannot put it before the AFDC without financing. MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Measles, to add to the original motion, the Council requests Mrs. Hakkinen keep the City informed of the status of the company on a quarterly basis, Motion passed unanimously by roll call vote. f Y:ENAI CITY C6UNWIL JAWARY 21, 1981 Page 7 Councilwoman Glick requested that item 4=19 - Watoo of. Airport Lands, to roved to item C-5, Council agreed, C-9 Lease of Airport Lands Mr. L. Mishou, representing Kenai Air, spoke. Kenai Air wishes to build a facility and lease additional land. They realised that the value of the land necessitates quid pro quo, *hat will be the expanded facility. Mayor O'Reilly asked, what io the economic impact of Kenai Air? Mr, Miohou replied, in 1979s 1. Local wages, on a seasonal hire, 0391,000 2. Property taxes, 018,000 3. Sales tars, 02,000 4, Utilities, 03400 Elea., 05o400 Tel./Telex, 017,000 S. Landing fees, 0700 6. Puel purchases, 093,000 7. Insurance, 0600,000 0, lasses, 05,000 Mayor O'Reilly asked Airport Manager 0walI4WJ, was that land ever set aside as land that could not be submitted on? Mr. Swaney replied no, He noted the application will go to Planning & Zoning no -At weak (1-20-€1), City Manager Brighton asked if Mr. Mishou had a figure on the economic impact on the area, and the additional employees hired, Mr. Mishou replied, it would be approximately 01.2 Million, Mr. Brighton replied, it has to go to planning & Zoning first, but Administration fait a project of this size should go to Council first, 01 MINUTES 0-1 Regular Meeting, Jan. 7, 1901 Councilwoman Glick &Qkad that page 6, item 0-1, paragraph S, ling 2, the name spelling be corrected. Councilwoman Glick asked that page 16, item G-23, line 8, the first word be changed to "or." Councilwoman Glick noted page 17, item H-1, #1, line 7, the Scout park was mentioned. City Manager Brighton explained the meaning, this was left as is. Councilwoman Glick asked that page 20, item H-7, W i KENAI CITY COUNCIL JANUARY 21, 1901 Page 8 line 4, the name spelling be corrected. Councilwoman Glick: asked that pags 21, item 1- line 3, be clarified. Atty. Delahay explained and the minutes were left as is. Councilman Mueller asked that page 1, item 8-1, paragraph 3, line 1, be changed and "tax fore- closed lands" be added after "sell." Council agreed to all changes and corrections. D-2 Special Meeting, Jan. 14, 1981 Mayor O'Reilly asked that page 10, paragraph 1, line 3, the word "unifize" be changed. At Atty. Delahay's suggestion, Councilwoman Glick changed it to read, "made uniform." Councilwoman Glick asked that page 10, paragraph 1, line 1, be changed to read "Vice Mayor" instead of *Councilwoman." Councilman Mueller asked that page 3, paragraph 1, line 3, the first word be change to "it." Councilman Mueller asked that page 9, last para- graph, line 3, be change to read, "--cided at the last work session because the size of the other site would require a major change in scope of the project." Council agreed to all changes and corrections. E. CORRESPONDENCE E-1 Alaska, 1984 - 25th Anniversary of Alaska Statehood Mayor O'Reilly asked the Council to note the Alaska 1984 concept has been changed. Mayor O'Reilly asked the Council to note the letter from Jerry Reinwand regarding the Capital Improvement Project. P. OLD BUSINESS KENF+I CITY COUINCIL JANUARY 21, 1981 Page 9 G. NEW BUSINESS Gp.l Bills to be Paid, Bills to be Ratified MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed unanimously by roll call vote. G-2 Requisstions Exceeding $1,000 MOTIONS Councilwoman Glick moved that the requisitions be approved by unanimous consent of Council, as sub- mitted, with additions as noted. Public works Director Kornelis asked that the Council note the additional City Hall furniture listing given to Council this date (1-21-81). �- Councilman wagoner said he objects to unanimous consent. He has not seen the list yet. Mr. Kornelis said some of the items went out to bid and were not received yet. The delivery date is 3 months on some, that is why he wanted to do it tonight. Mayor O'Reilly asked if a 2 week delay would hurt. Mr. Kornelis replied some of it is Council equipment. MOTION, Changes Councilwoman Glick withdrew her original motion, and moved to accept the requisitions as submitted. Motion was seconded by Councilman Mueller. Council- woman Glick asked for unrusimous approval. Motion passed unanimously by voice vote. G-3 Ordinance 639-81 - Amending Kenai Municipal Code to Clarify Rate of Pay for Overtime, Hours of Work, and Holiday Pay for Shift Employees MOTIONS Councilwoman Glick moved, seconded by Councilman _ Measles, to introduce the ordinance. Motion passed unanimously by roll call vote. .r KENAI CITY COUNCIL JANUARY 21, 1981 PAge 10 G-4 Ordinance 640-81 - Amending Kenni, Municipal Code to Require Action by Ordinance Regarding Public Use Lands MOTION: Councilman Measles moved, seconded by Councilman Mueller, to introduce the ordinance. Motion passed unanimously by roll call vote. G-5 Ordinance 641-81 - Amending Kenai Municipal Code - Provide for Employee Classification, Legal Dept. MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to introduce the ordinance. Councilman Mueller said he thought this should be discussed at the work session regarding employee classification. City Manager Brighton replied it will be discussed at that time. Motion passed unanimously by roll call vote. G-6 Ordinance 642-81 - Increasing Rev/Appns - New Capital Project "Port Facilities Grant" - $715,000 MOTION: Councilman Wagoner moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Mueller asked, is this creating a new capital project fund? Also, he didn't understand the breakdown. Admin. Coordinator Davis explained it relates to the 1974 Port Development grant. The $600,000 in State bond money required a feasi- bility study. The study was made at the last harbor Commission meeting. He recommended acceptance of the study. The purpose is to release bond moneys. The City's 10% share has been approved by DOT. Mayor O'Reilly asked, are we bound by the classi- fication on this? Finance Director Brown replied no, if they approve the $750,000 budget, we can transfer from one account to another. All this does is begin the process for our grants. Council- woman Glick said this was just received by the Council. We would be remiss if we did not review KBNAI CITY CODUCIL JANUARY 211 1981 Naga 11 this. Mr. Davis agreed, there had been some details; added. Atty. Delahay noted, after Mr. Roper'a first proposal, we asked thrs State if this could be de- ducted from there funds, they said no. Councilman Measles asked, have we asked the State it we could uze the funds for a buy -buck of land? Atty. Delahay replied he didn't see any problem. Mayor O'Reilly asked, how do we give the Council a chances to study th`e? City Manager Brighton explained, this ordi- nsince is preconditioned on the study getting to Juneau. The ordinance won't mean anything till the State gives us the grant. We have to hold back the resolution if we hold bads the ordinance. This document is only a request and justification for the requisition. There is nothing locked or bind- ing. Councilwoman Glick said she would still like the opportunity to read before sending it to Juneau. We need to be sure the project is feasible. Council- man Wagoner said this study does not go to Juneau, it just goes to Anchorage. Mr. Tully has the author- ity to release the funds. This is not a legal document. Mr. Brighton noted the Roper lease is included in the proposal. Councilman Wagoner said paragraph 3, page 11 was added to give us a chance to pursue other leads if this is not suitable. Motion passed with Councilwoman Glick voting no. G-7 Ordinance 643-81 - Increasing Rev/Appns - Lngi - neering on Street Improvements - $156,560 MOTIONs Councilman Mueller moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. G-8 Resolution 81-8 - Transfer of Funds - Provide Monies for Veterinary Services - 0250 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. Thera was no public comment. Motion passed unanimously by roll call vote. h KENAI CITY COUNCIL r., JANUARY 21, 1981 Page 12 G-9 Resolution 81-9 - Transfer of Funds - Provide Monies to Purchase Candy and Coffee for Council - $350 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to adopt the resolution. PUBLIC COMMEYJTs Ron Chappell, of the Veri::aula Clarion, spoke in favor of passage. Librarian Deforest noted the cups were furnished courteay of the library. Councilman wagoner said he felt this was an illegal expenditure. Motion passed with Councilman wagoner voting no. G-10 Resolution 81-10 - Requesting Grant from State, Port Facilities Development Grant - $643,500 MOTIONS i Councilman Mueller moved, seconded by Councilman Hall, to adopt the resolution. i There was no public comment. There was some discussion on parts of the study. Admin. Coordinator Davis explained page 9 gives the option to purchase some of Coyle's land or it can be used for construction portions of the MDP. rho project does not tie to any specific area. Atty. Delahay said the grant money uses broad language so we don't have to pay back money if we do not use it for a harbor. Mayor O'Reilly asked, what would happen to the time frame if it was postponed? Mr. Davis replied the State said it would take 3 to 5 weeks before the money would be available. Councilwoman Glick noted some items referred to in Mr. Tully's letter were not in the resolution. Mr. Davis replied they would be in there. Councilwoman Glick said the City should i be sure all questions have been replied to. MOTION, Amendments Councilman wagoner moved, seconded by Councilman Hall, to include in the resolution, "the City will accept responsibility for operation and maintenance costs of improvements built with this grant." m � ----� - _._ %��- - - _ -'""iirL'NYi�ii�r:ia,i�.ifl►.�s+cra-�s..�; --- 0�1 KENAI CITY COUNCIL JANUARY 21, 1981 Page 13 Councilwoman Glick said the project is too vague to accept the amendment. Councilman Hall said he cannot see we are tying ourselves down to anything till it is built. Councilman Wagoner said it is not tied to anything. VOTE, Amendments Motion passed, with Councilwoman Glick and Council- man Mueller voting no. Councilman Wagoner asked, after this goes in, Admin- istration will enter into a contract with the State? Finance Director Brown explained, this would be a grant document, the purpose of this is to obtain the grant. Councilwoman Glick asked Atty. Delahay if Mr. Roper would be amenable to a delay on the time frame. Atty. Delahay replied he didn't know. VOTE, Main Motions Motion failed on a tie vote, with Mayor O'Reilly, Councilmen Hall & Wagoner voting yes; Councilwoman Glick, Councilmen Measles & Mueller voting no. NOTICE OF RECO'JSIDERATIONs Councilman Measles gave notice of reconsideration on Resolution 81-10, as amended, to be discussed at a special meeting. Mayor O'Reilly asked that the new furniture at the City Hall be discussed at that time. Mayor O'Reilly, with concurrence of Council, called a special meeting for Jan. 21, 1981 at 12s00 Noon. G-11 Resolution 81-11 - Selecting Peat, Marwick, Mitchell & Co. for City Audit, 1981, 1982,1983 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. Councilwoman Glick asked to note this is the unan- imous recommendation of the Finance Committee. Mayor O'Reilly said he was contacted by Coopers & Lybrand with critical comments regarding the low bid, it could not be done. Councilwoman Glick said in discussing this with Finance Director I y w I i I s ,4f KENAI CITY COUNCIL JANUARY 21, 1981 ►� Page 14 Brown., Pa&i,Marwick, Mitc`ait Co. raid they can do the job for that sure of money, and they have a good reputation. There was no public comment. Motion passs�? lit.-inimously by roll call vote. G-12 Resolution 81-12 - Transfer of Funds - Furnishings & Fixtures for New City Hall - $25,000 P4"are a ntrewctor Brawn noted, if we still intend to submit bills at a later date, we should change the amounts. MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution with changes. There was no public comment. Motion passed unanimously by roll call vote. G-13 Resolution 81-13 - Commemorating 25th Anniversary of Alaska Statehood ' a-- Clerk Whelan noted that the original of the r000 - lution had the correct spelling of the word, "State- hood . " MOTION s Councilman Measles moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Motion passed with Councilman Wagoner voting no. Jcl_ G-14 Carmen Gintoli - Architectural Services - ��? Cultural Facility - $4,250 MOTIONS ' - _ Councilman Mueller moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. •-4 KENAI CITY COUNCIL JANUARY 21, 1981 Page 15 G-15 OMNI North - Pay Estimate, City Administration Bldg. - $110,392 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. G-16 OMNI North - City Administration Bldg. - Request to Reduce Retainage Atty. Delahay explained this was in the contract, it was placed in there inadvertently. The City is under no obligation to sign. Councilman hall suggested no action be taken. Council agreed by voice vote. G-17 OMNI North - City Administration Bldg. - Change Order #1, Time Extension Public Works Director Kornelis explained the vendor is late on the elevator, April 1 is the installation date. MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to approve the time extension. Councilman Mueller asked, does that mean occupancy is not till April? Mr. Kornelis replied we could go in before that date, it would be inconvenient when the elevator is installed. Atty. Delahay noted the building would not be available to the handicapped. Councilwoman Glick asked, what was the estimated time of completion? Carmen Gintoli replied, Jan. 24, 1981. Councilwoman Glick asked, are there some penalties? Mr. Gintoli repz.ied, yes, for liquidated damages. Councilwoman Glick asked, is there assurance of substantial completion in writing? Mr. Gintoli replied, no, but he can get it. Mr. Kornelis noted if Council passes this, they set the completion date at April 24, 1981. Atty. Delahay asked, does this extend the time for the elevator or completion? Mr. Gintoli replied, completion. KENAI CITY COUNCIL JANUARY 21, 1981 Page 16 MOTION, Amendments Councilman Xcaslas moved to amend the motion so it only applieb to the elevator. There was no second. Mr. Gintoli said we have excellent rapport with OMNI North now, he would hate to sea this. The rent On City Hall is not worth it. Mayor O'Reilly asked, if we refuse the change order, what then? Atty. Delahay replied, he has tn sue for retainage fee. City Manager Brighton noted, we will find many changes when we move in, if we alienate him, this is not smart. The amendment died for lack of a second. VOTE, Motions Motion passed, with Mayor O'Reilly, Councilwoman Glick, Councilmen Measles, Mueller voting yes; Councilmen Hall, wagoner voting no. G-18 CH2M Hill - Progress Report, #21 - Sewer Treatment Plant Interceptor & Outfall - $5,590 )WION s Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. G-20 Assignment of Lease - John Steinbeck, *a Kenai Food Center, to D&A Mayor O'Reilly noted this had not been signed, action was deferred to Feb. 4, 1981 meeting. G-21 Proposed Addition to Feb. 10, 1981 Ballot. MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to approve the addition to the ballot. Vice Mayor Glick assumed the chair. lip •� _.tea /��i/ u�-_c.__ -...nh++rw+rtr+�.rFq��.ii1��.1�iV l=..`-_�aw--�.� �Pl�-�JlL�wfa`iiii/�JG��.+v'sm..=l..� — ... __ -- 1 KENAI CITY COUNCIL _ JANUARY 21, 1981 Page 17 Mayor O'Reilly reviewed the addition. � Mayor O'Reilly resumed the chair. Councilman Mueller asked, why was this removed from the original ballot? Councilman Wagoner explained, it asked the people to vc;;e on the package and another was on a single item. if j one passed and one failed, we would have trouble porting out the results. Mayor O'Reilly noted the survey being done by Administration covers the people's attitude regarding the capital im- provement projects, this item could be misin- terpreted. j Motion failed, with Councilman Mueller voting. H. REPORTS . H-1 City Manager City Manager Brighton spoke. I 1. He asked Council to note the lessees of i - c ty 1 owned land that have not started construction. 2. Regarding the HEA lines. The Board of HEA j refused to go along with the proposal of shar- ing the costs of lines. it would increase their costs and they would have to ask for --- rate increases. . i _ 3. At the last Harbor Commission meeting, they contested a $200 item for promotional purposes =i for the Feb. 10, 1981 small boat harbor vote. Vo He suggested this was not correct, the motion was withdrawn. s)' 3 4. He suggested the Council schedule a work session _r r, before the next Council meeting. To be discusseds a. Salary ranges b. Separation of airport costs from other activities, he would like a review. 5. The survey should be ready soon. `- 6. Ordinance 639-81, regarding overtime pay, should be discussed at the next work session. a 1 ,i KENAI CITY COUINCI.L JANUARY 21, 19UI Page 18 7. Ordinance 641-81, regarding employee class- ification - legal dept., should also be dis- cussed at the work session. S. A discussion on the cast -of -living increase for employees should also be discussed at the ,text work session. Council agreed to a work session Jan. 29, 1981 at the Public Safety building at 700 PM. (Clerk's note, this location was changed to Recreation Director McGillivray's office) Council agreed to add to the work session packet, the status of lessees of City -owned land. H-2 City Attorney Atty. Delahay spoke. 1. He attended the Municipal League meeting. A resolution was passed asking for an amendment to the State constitution for dedication of revenue from the permanent fund for municipalities. Councilwoman Glick asked if we have anything back on the Clarion vs City of Kenai lawsuit. Atty. Delahay replied no. H-3 Mayor Mayor O'Reilly spoke. 1. He will be addressing the Chamber of Commerce Feb. 4, 1981 regarding the capital improvement projects. 2. He nominated Sally Bailie to replace Mark Necessary on the Recreation Commission. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the nomination. Motion passed unanimously by voice vote. 3. The Conference of Mayors is Feb. 5 and 6 in Juneau. He would like to attend with the City Manager. He will miss the Feb. 4 meeting. Council agreed to the Mayor and City Manager attend- ing the meeting. KENAI CITY COUNCIL JANUARY 21, 1981 Page 19 4. Exxon/Fluor were. here, Councilman. Hall and the Mayor attended a meeting. They will be selecting Valdez as the site for the study of cost figures for a petrochemical plant. The Mayor will be invited to review the site in Houston. It would have to be of City ex- pense. Councilman Wagoner said he is not anti -development, but it seems every time the City has a chance to promote a facility it is outside of the City. T&e Borough should promote this. Councilman Hall said if Kenai should be selected, the City will benefit. Councilman Measles noted if any of the Council visited Houston, it would do away with any further attempt to try to get a plant within the City. Councilwoman Glick said if anything is to be done, we cannot look to the Borough. Also, if the City is going to get into these kinds of promotional things, we should look at the budget. MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, that the Mayor, should an invitation come from Exxon/Fluor, should be allowed to go at City expense. Councilman wagoner said he didn't say there would not be a benefit, but business would benefit most. Maybe we should ask the Chamber of Commerce to participate. We don't stand to get anything if they situate outside of the City. Councilman Mueller said without plants, the people cannot find work. City Manager Brighton noted in the survey, the highest response was that we need more jobs. 2nd was that the City should be promoting industrial development. Councilwoman Glick said they have chosen Valdez. Mayor O'Reilly said they inferred that. Councilwoman Glick said it appears as Valdez will be chosen their test case site. Their Mayor & Council are active in promoting the area. This City will have to spend many dollars. The people in Valdez are promoting the City and area adjacent to the City. Councilman Hall said in the meeting, he thought the fluor man said the reason they chose Valdez was because of the work done there in the past. Councilman wagoner said they have no Borough, just a City. KENAI CITY COUNCIL JANUARY 21, 1981 Page 20 VOTES Motion passed, with Councilman Wagoner voting no. 5. There will be some ARCO representatives here Jan. 29, 1981. The meeting will be in the ARCO warehouse. Council can call the Mayor if they wish to attend. 6. Pacific Alaska LNG has asked the Mayor and others to attend a meeting to discuss their credit situation. The Mayor will report to Wuncil. 7. Dow/Shell has sent a questionnaire they expected the community to reply to. He had understood the Borough would prepare a response. Dow has asked for more clarification. The Borough has replied Seward has proposed a plan, so the Borough is put into : position that they are supporting one area. If we want to put a pro- posal to Dow, we may have to put in some money. Councilman wagoner said that is where Valdez has it on us, they have documentation. Mayor O'Reilly said we may be faced with another meeting, and the printing will probably not be borne by the Borough. Kenai may be part of it. H-4 City Clerk Clerk Whelan spoke. 1. She noted the agenda has been published in the Peninsula Clarion for 6 months, does the Council wish to continue publication? The original proposal was for 6 months trial period. Councilwoman Glick said she is against expending additional funds. It has not brougi}t in additional citizens. The Borough ko new 7 publWhAwg, the Clarion is publishing it at no charge. If they do it for the Borough, they should do it for the City. Councilman Mueller asked, have we had any comment on the publication? Clerk Whelan said she had had a few people comment on it. Council said they had had no comments. Councilman Hall suggested we tell the Peninsula Clarion thke agenda is available if they want it. Council agreed. ss Q,07 I KENAI CITY COUNCIL �. JANUARY 21, 1981 Page 21 2. She said the Council must approve the salaries for judges in the coming election. Salary schedules have been set by the Borough at $5.50 per hour for chairmen, $5.00 per hour for judges. MOTION t Councilman Mueller moved, seconded by Councilman Measles, to approve the salaries as proposed for chairmen and jw1ges for the coming election. Motion passed unanimously by roll call vote. 3. She noted the letter in the packet referring to Assemblywoman McGahan, her first name is Karen. 4. Council will have a special meeting Feb. 11, 1981 to certify the results of the election of Feb. 10, 1981. She has scheduled it for the offices of the Recreation Director, unless the Council has an objection. Council agreed. Councilwoman Glick proposed a full page ad for the coming election, to see if we can promote more interest in the election. Atty. Delahay suggested 2 people discussing the propositions on "Sound Off." Councilman Wagoner said it is the Council's responsibility to inform the public. The vote was small in the last 3 elections. Atty. Delahay rioted the City Hall vote had Clarion and radio coverage and the vote was small. MOMIONs Councilwoman Glick moved, seconded by Councilman Wagoner, to have the City Administration prepare a full page ad in two different issues in large black print. Also in the ad should be noted, additional information can be obtained at the City Hall, from members of Council, Harbor Commission members, or the Administration. Councilman Wagoner asked that it not be put in the Shopper. I I J � l KENAI CITY COUNCIL JP.VU4AY 21, 1981 Llage 22 Motion passed unanimously by roil call vote. H-5 Finance Director None H-6 Planning 6 Zoning Councilwoman Glick spoke. They had a short meeting Jan. 14, 1981. She did not participate. Regarding the NOA, does the Council intend to sign the agreement? Councilman Wagoner replied he did not have the intention of canceling the proposal. City Manager Brighton said Admin. Coordinator Davis is scheduling a meeting with wetlands owners, etc. If the wetlands owners are against it, we will cancel it. Councilman Measles ; noted the City owns as much wetlands as any. Council- woman Glick said if the Council intends to sign, they had better plan to go to the Borough to promote. Councilman Mueller said he has had flak from one ' wetland owner for not signing the proposal. Council- man Hall suggested at the meeting it will set their minds at ease. The owners have everything to gain and nothing to lose. Mayor O'Reilly asked, if it could be worked out with the wetland people, would the Council be willing to sign? There was no reply from Council. H-7 Harbor Commission Admin. Coordinator Davis spoke. He said CH2M Hill has started drilling, it looks good. Kenai Peninsula Borough Councilwoman Glick spoke. At the Assembly meeting last night (1-20-81), 1. Res. 81-5, formula regarding Roada & Trails money, this was with Soldotna, Seldovia and Homer. 2. Res. 81-9, urges the Legislature for direct appropriations for Local Road & Trails money to lot class cities. ✓ 3. Res. 81-17, rescinding the special use permit to the State for land use site. KENAI CITY COUNCIL JANUARY 21, 1981 Page 23 Councilman Hall asked, was it the intention of the Borough that they will expand the land fill? Councilwoman Glick replied yes. Councilman Hall said he objects to that. Councilman Wagoner said that was all gravel pit. Before the Borough is allowed to expand, we should have hearings. Mayor O'Reilly directed City Manager Brighton to look into this. 4. Res. 81--21, urging repeal of Coastal Zone management Act. This passed with an amend- ment. Sen. Gilman has informed Assemblywoman Dimmick he will be proposing repeal of the act, 5. The sales tax ordinance was postponed till the Legislature has action. 6. The Assembly was asked if the Borough could give planning help to the cities. Mayor Thompson said if we really need help, he will provide it. Sam Best said they may not be able to give all powers over to the cities. Councilman Wagoner said he thought Sen. Gilman was a leader in promoting CZM. He thought we had better find out what is going on. Councilwoman Glick said she will check. Atty. Delahay noted Sen. Gilman was promoting Borough involvement. H-8 Land Committee Councilman Mueller spoke. The concensus of the Committee was that the lands needed for expansion of Kenai Air should be allowed to be leased by normal procedures, no special favors suggested. I. PERSONS PRESENT NOT SCHEDULED TO BE HE.'1RD 1. Public works Director Kornelis spoke. a. The amendment to CH2M Hill contract, regarding the $4,200 Corps. of Engineers permit. The City was not eligible for the funds. Mr. Kornelis told them we would do it ourselves, he said he would do it. The amendment was voided. b. He is proposing additional parking area behind the new City Hall, and a parking lot for the Youth Center. Funds will have to be appropriated at the next Council meeting. Councilman Wagoner asked, can't we wait till we hire a new " � J • ti r _7 I 0 '« o d 1 7 , h d •F •�l r KENAI CITY COUNCIL JAW0ARY 21, 1981 Page 24 engineer? Council agree4 to the idea. Mayor O'Reilly requested Mr. Kornelis develop the idea and come to Council. Councilwoman Glick asked that he work with the Public Works Committee. 2. Councilwoman Glick noted at the Borough Assembly meeting, there were some commendations given to Nikiski Fire Dept. personnel, Do we have anything similar in the City? ADJOUVJD=T meeting adjourned at 1 s 05 Am. a ; Respectfully submitted, '±- 0 et Whelan, city Clerk �t I 1 I 1 e