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HomeMy WebLinkAbout1981-04-15 Council MinutesAGE11DA KENAI CITY COUNCIL - REGULAR MEETING APRIL 15, 1981 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC BED.RINGS 1. Ordinance 663-81 - Increasing Rev/Appns. - Institutional Library Service - $2,900 2. Ordinance 666-81 - Increasing Rev/Appns. - Utility, Janitorial and Operating Supply Costs for City Administration Building, Remainder of Fiscal Year - $7,500 3. Ordinance 668-81 - Increasing Rev/Appns. - Recognition of Donation from ARCO Alaska, Inc. for Recreation Equipment - $500 C. PERSONS PRESENT SCHEDULED TO BE BEARD 1, Woody Boles - Softball League - Permission to Obtain Beer License. D. MINUTES None, E. CORRESPONDENCE 1. Jeff Labahn, Renai Peninsula Borough - Section Line Easement Vacation - Sections 16 & 21 TSN, R11W, S.M. 2, Roger Reeks, Kenai Historical Society - Donation of Surplus Furniture F. OLD BUSINESS None, G. 112W BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 M 0 i 3, Ordinance 669-81 - Amending K/4C 13,05,01u Penalty Provision 4, Resolution 81-43 - Transfer of Funds - Laundry Costs for Animal Control - 0200 5. Resolution 61-44 - Transfer of Funds - Contract Amendments for Engineering and Inspection on the Extension of Spur Frontage Road - 0130000 6. Resolution 81-45 - Transfer of Funds - Repair and Maintenance of well Houses - $9,500 7, Resolution 81-46 - Transfer of Funds - Purchase of a Dictaphone/Conference Recorder a Accessories - $700 8, Resolution 81-47 - Awarding Bid for 07,500 coy. of Gravel to Jackso-n h Garland - $33,000 9. Request to Sublease Gate 54 Food Facility 10, Request to Alter Purpose of Terminal Lease - Ed Ambarian 11. Request for Airport Terminal Space - Alaska Airlines 12. Kenai Grace Brethren Church - Request for water Line on McCollum 13. Dragnet Fisheries - Selling Tank from Old well House 14, Omni North, City Hall, Pay Estimate 49 - $131,225,00 15, Brown Construction, Kenai Sewage Treatment Plant Expansion - Periodic Estimate #9 - $46,831,88 16. CH2M Hill - Kenai Harbor Study and Design - $45,500,00 17, TM - Central Kenai Interceptor and Sewage Pump Station - Pay Estimate 41 - $40,490.92 18, C82M Hill - Sewerage Projects Construction Services - $18,100,00 19, Trans -Alaska Engineering - Engineering Services - water a Sewer Sec, 36 - $9,496,65 20. Gary L. Davis - Administrative Coordinator Contract - March, 2981 Billing - $6,193.37 21, Tidelands Ordinance Set -Net Permits H, REPORTS 1, City Manager 2, City Attorney 3. Mayor 4. City Clerk 5, Finance Director 6. Plunning i Zoning Kenai Borough Assembly S, Harbor Commission I. PBRSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT J TQEW CITY AIL - REMLAR MEWI.M, bilk'.! APRIL 155, 1981 - 7f00 PM HENAI CITY AMMV19TRN= EUIWING Mfi,3 OR MK= G' REIld.'l Pii'Br10=111- PIZ= OF ATlj.GLWXZ A. RDI L CA1.L Presents Jess Hall, Ron Malston, bray Measles, Dick Mueller, TGm Wagoner, Vincent O'Reilly, Betty Glick Absents None Mayor O'Reilly noted the gift from the Coyl," for the Mayor, and the gifts from FA Aatarisn to the Wuncil and Administration canters. AGEM APPADM Mayor O'Reilly mated Ordinance 670-81 be added as item G-22, per request from Atty. Delahay. Council agreed to the addition. B. PUBLIC HP JM= 9-1 Ordinance 663-81 - Increasing Rev/Appns - Institutional Library Service - $2,900 is Councilman Measles moved, ssoonded by Councilc9anan Glick, to adopt the ordinance. There uw no public comment. Motion passed unaninvusly by ro11 call vote. B-2 Orditt m 666-81 - Increasing P.ev/Appns - Utility, Janitorial and Operating Supply Costs for City Administration Building, Remainder of Fiscal Year - $7,500 MD'l=s Councilman Mueller moved, seconded by Councilman Measles, to adopt the ordinance. 7howe Uas no public comment. Motion passed unani=usly by roll call votes. Bra Ordinance 668-81 - Increasing Rc3v/Appns - Recognition of Donation from AROD Alaska, Inc. for Recreation Equipment - $500 s, XMU CITY CC 3=L APRU, 15, 1981 Page 2 yDnm-. Council= Mueller miyved, seoon W by Councilman Measles, to adopt the ordinance. There was no public convent. Lotion passed unanlmously by roll call vote. C. PP.RS= PREEW SC HEDL M TD BE MAW Crl Woody Boles - Softball League - Permission to obtain Beer License Dar. Boles explained this was a men's and women's softball league, they will be using the Kenai fields, and would like a recreational beer license. There are 14 men's teams and 16 warren's teams, age minlmis 16, most are over 19. They plan to run a oosfcessiion stand, with a specific area where beer will be sold. They are a non-profit organization, this is the byway dYmake mwey. Recreation Director McGillivray said he had reviewed it and asked that it be referred to Council. He found no fault with it. CounciNan Wagoner aWwd, who will police the area and assure that adults don't take beer out of the area? Mr. Boles replied they will police tiwmselves. MD=s Councilman Measles: moved, seconded by Councilman Mueller, that the Council approve the application for a beer license for the softball league, upon recommendation of the Recreation QwWasion. Motion passed, with Councilm Wagoner and Councilwoman Glick wting W. Mayor O'Reilly asked Mr. Boles to bring the request to the P-wcreation Coamissicn. D. M NVIPS None E. E-1 Jeff labahn, Kenai Peninsula Borough - Section Line Easement Vacation - sects. 16 & 21, T5N, RIK S.M. KENO CITY C70MIL APRIL 15, 1981 Page 3 Councilwoman Glick said this was reviewed by Pl.asa'Ang & Zoning, they have approved it. NU'WNS Councilwoman Glick moved, seconded by Council= Malston, to concur with the action of the Planning & Zoning Commission. Motion passed mmim ously by roll call vote. E-2 Aoger Meeks, Kenai Historical Society - Donation of Surplus Itrniture Atty. Delahay said tYwu:e is an ordinance providing for sale of City property. The City does have a prohibition against dxmt- ing City pity. Roger Meeks spnIrz. He explained they were requesting it be used for loan, it will still be City property. Council agreed that Public Works Director should make up a list of equipment available and bring it to Council. E-3 Oil & Gas Lease, LWw Cook Wet. Mayor O'Reilly reviewed the letter from the Alaska Dept. of natural Rom. Council had no objection to the oil & gas lease sale, Mayor O'Reilly will write a letter to this department. P. C W BUSXNNS None G. NEW BUSINNS G-1 Bills to be Paid, Bills to be Pn.tified d X=S C=wilman Measles moved, seconded by Councilman Amller, to approve the bills as subdued. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,oao MOTYO t Omwilman Mueller moved, seconded by Councilman Malston, to approve the requisitions as submitted. MW CITY CO .+TOIL APRIL 15, 1981 Page 4 Motion passed unanimously by roll call vote. G-3 Ordinance 669-81 - Amending KW 13.05.1110, Penalty Provision MX=s Councibman Mueller moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed unanimously by roll call vote. G-4 Resolution 81-43 - Transfer of Funds - Lau xky Costs for Animal Control - $200 G-5 Resolution 81-44 - Transfer of Ptmnds - Crmtract AmPr&wnts for Engineering and Inspection on the Extension of Spur Frontage Road - $13,000 G-6 Resolution 81-45 - Transfer of Funds - Repair & Maintenance Of Well Houses - $9,500 G-7 Resolution 81-46 - Transfer of Funds - Purchase of a Dicta- phone/Conference Recorder & Accessories - $700 G-8 Resolution 81-47 - Awarding Bid for 9-7,500 c.y. of Gravel to Jackson & Garland - $33,000 Mx=s Councibnan Measles moved, seconded by Councilman Wagoner, to adopt the resolutions as submitted. There was no public comment. Motion passed unanimously by roll call vote. G-9 Request to Sublease Gate 54 Food Facility Airport Manager Swalley said time person sublew:UW is oonsidor- ing 24 hour service during the summer. Atty. Delahay said all that is necessary for subs is notification to the Council. Councilman Mueller said the Airport Cammittee had discussed it and saw no problem with the chance of hours. Richard Kochanuski spoke. He said he would not want to have strict enforommt of hours, in winter he cannot do it, but in the swrer he can. He said the name will be changed to The Concorde. M1D'=S ._ Councilman Mueller moved, seconded by Councilwam Glick, to approve the sublease and allow the name change also. 14; XWAI CITY CM=L AML 15, 1981 Page 5 NOTIM AmerATents ' p16;i1ttgtt oriel It / Wi�ii a` Iiloo�t of .,++I to t he original motion that the City Manager and Airport Manager are to work out the hours and conditions with the sublessee and the sublessor. Motion, with amendment, passed unanimously by roll call vote. Mr. Kochaivaski asked if he could close for 3 or 4 days for re- modeling. canncilwoman Glick suggested, not to eoweed 5 days. Council agreed to the 5 day limit. G-10 Request to Alter Purpose of Terdnal. Lease - Ed AAbarian Councilman Mueller said the Airport/Land cc mdttse discussed this and it was the ooncensus of the Committee that no changes should be made till we go into remodeling of the airport. Ed Aaoarian spoke. He said he has an existing lease with the City. He is just asking for an addition to his lease. He has been asked to be the agent in Kenai for SeaAir. He felt his request should be handled separately from others requesting -J space. He will be hiring additional personnel. Lance Wells, officer of SeaAir, spoke. The company is head- quartered in Anchorage and would like to introduce air taxi service to Kenai. He would like to use Twin otters and Beech - craft aircraft and later use a 50 passenger aircraft. He would like to begin service May 1. City Manager Brighton asked Mr. Wells, if the Council does not grant the request, will he have „ l an air taxi? Mr. Wells replied yes. Councilman Wagoner said 1) If we denied this, we are slowing growth of business, and 2) Councilman Mueller said Airport Man- ager Smalley had said that with additional aircraft there would be congestion on the ramp. He would like to hmre that explained. Airport Manager Swalley said there are times right now when we have 3 and up to 4 coem leers trying to use the ramp at one time. It is not something that cannot be overarms, however. councilman Mueller said the Committee position is they would like to hava additional service if they can be acoommodated. `r Wayne Stephens, Wien Air Alaska, spoke. There are times now -- when it is congested, and they plan on doubling their flights. -- Wien has to offer security services, and the area is small. - He would like to have present concerns addressed before we ` J have more. L 81l J MOM CITY COUNCIL APRIL 15, 1981 Page 6 Rick Baldwin, Attorney for Southcentral Air, spoke. He said SnAhcentral feels the terminal is ton --nongea*ed to allow- ::ore business. Lance wells said, SeaAir is experienced with dealing with congestion in Anchorage. They will be willing to wrrk with other airlines to alleviate problems. They can offer connecting service to the major airlines. Ed Ptibarian said the City has a master 20 year plan, it could be shortened to a 5 year plan. He bought the problems can be workal out, he is not asking for additonal spaces. Al. Gay, President of Seahir, spoke. He has checked the airport at peak times, there is no congestion. They have been trying to compete with Wien. Wien is subsidized, they are not. They can come in as an air taxi., but would rather come as a oom *.er airline. Councilman Wagoner moved, seconded by Councilman Hall, for approval of the request for a change in the wording of the lease for Dollar -Rent Ammar with the City Of Kenai.. Mayor O`Reilly asked Airport Manager Swalley, if the funding was received for renovation, can he give a time that the term- ina could be renovated? Mr. Swalley replied, they estimated constriction start at Oct. 1, 1981, and a 60-90 day time frame. City Manager Brighton suggested the Council postpone action till after the April 23 work session. They will have to dis- cuss fish haul. problems. Mr. Anbarian said he objected. Administration and Mr. Swalley have spent a lot of time dating fish buyers for a short period of time. Councilman wagoner said he agreed with Mr. Gay, we should be giving the customer the best service at the lowest price. Fish flying is not the same problem, it will always be there every year for a short period of time. City Manager Brighton said that is just one problem. There are Tay problems. MOTION, Alt: Oouscilman Measles moved, seconded by Co=i1man Moeller, to postpone action till the April 23, 1981 meeting and make a work session of the full Council. Mr. Ambarian asked, if the Committee decision is postponed, will the Council postpone the air taxi? City Manager Brighton replied no. KENAI CITY COLD IL AP= 15, 1981 Page 7 Vint, to Postpone: Notion passed, with Councilmen Measles, Mueller, Mayor O'Reilly, Councilwoman Glick voting yes; Councilmen Hall, Malston, Wagoner voting no. 0-11 Request for Airport Tmmnal Space - Alaska Airlines Councilman Mueller moved, seconded by Councilman Measles, to consider this at the work session on April 23, 1981 and bring it to the next meeting. Motion passed unanimously by roll call vote. G-12 Kenai Grace Brethren Church - Request for Water Line on McCollum Public Works Director Kornelis spoke. There is water on ad- joining streets, this would bring water to the Church. The Minister asked Mr. Kornelis if the City would do it, he told him to bring it to Council. If Council grants the request, Mike Taurianen is doing work in the area and can do that too. The Council would just approve money for engineering. Normally petitions are for individuals and we usually suggest forming assessment districts. That has not been too successful. Rev. Shively claLms this is not a private citizen, they are a service organization. He understood the People were indicating they would pay soma portion of the bill. Councilman Mueller asked if there ware any grants that could be pursued. Councilman Mkseller moved, se=x1ed by Ccuncilwcman Glick, to have Administration pursue a grant to run water to the north side of the highway to the Church and other residences and see if a grant is available. MOTION, Amendment s Om=ibnan npl ler with consent of second, amended the iroUon to pursue water and sewer all the way to the other houses. Councilman Wagoner said it is strange to set a precedent to go out for grants for one user in a residential area. Other alternatives should be looked at. Motion passed, with Councilman Wagoner voting no. Mayor O'Reilly asked Administration to notify the Church of the 0ounc:il action. == CITY LOUWIL APRM 15, 1981 Page 8 G-13 Dragnet Fisheries - Selling Tank fray Old Well House Public Works Director Kornelis explained the City has an old tank at one of the well hous'rs- The Cade states we must declare it surplus, if it is under $1,000 we can sell without going to bid. Atty. Delahay noted the value must not exceed $1,000, he did not know utat the value was. Mr. Kornelis said it did go out to bid, Council rejected the bid as too low. MD=s Councilman Measles moved to sell the tank to Dragnet Fisheries per their letter. There was no second. Motion passed unanimously by roll call vote. Mayor O'Reilly directed Administration to notify Dragnet Fisheries. G-14 OW North - City Hall, Pay Estimate #9 - $131,225.00 Mayor O'Reilly noted the Council ooapliments aW North and �✓ Architect Gintvli an the City Administration building. fifyl=3 Councilu=mn Glick moved, seconded by Councilman Measles, to pray OW North $131,225.00. Sig Jokiel, CMI North, spoke. He said the work is sub- stantially ,Mete. About $20,000 worth of work is left to be donne. The site work cannot be done yet, it is lawn work. 10% retainage is too high. He asked the Council to consider the requested payment. Public Works Director Nornelis said the contract documents are fairly clear, our only obligation is 90% till the project is omplete. He thought Council should adhere to the contract. Notion passed unanimously by roll call vote. G-15 Brom Construction, Kenai Swags Treatment Plant 5pansion - periodic Estimate #9 - $46,831.88 bpPI,ONs Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Notion passed unanimously by roll call vote. KA1►1AI CITY 03UNCIL APRIL 15, 1981 Page 9 G-16 CH2M Hill - Kenai. harbor Study & Design - $45,'U0. G-17 TAM Cant. - Central Kenel: Interceptor & Sewage Pump Station - Pay Estimate it - $40,490.92 G-18 CH2M Hill - Sewage Projects Construction Services - $18,100 C-19 Trans -Alaska Engineering - Engineering Services - Water & Sewer, Section 36 - $9,496.65 G-20 Gary L. Davis - Administrative Coordinator Contract - March, 1981 Billing - $6,193.37 MY=: Councilman Measles moved, seoorxW by Councilman Muller, to approve the billings as listed. Motion passed unanimously by roll call vote. G-21 Tidelands Ordinance Set -Net Permits i my=: I Councilman Wagoner moved, seconded by Councilwoman Glick, to have Adninistration meet with Harbor Commission and direct the that they have Council approval to send letters to stet-nettere J MOTIM, Amendment: Councilman Wagoner moved, with consent of second, to amend the motion to state a letter be sent out per the Harbor Conmissior Motion, with amendment, passed unanimously by roll call vets. 0-22 Ordinance 670-81 - Amending KW 7.25.020 - Transfer of Budget Items Within Departments MJT=S Councilman Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. Ordinance 671-81 - Increasing Rev/Appns - Addtl. Equip. for City Admisnistration Building - $4,000 Public Works Director Kornelis explained this was requested because all the money had been used up. Atty. Delahay said it was okay to introduce the ordinance. MNICN: Co+.nci3man Measles moved, seconded by Couneilmm Glick, to introduce the ordinance. KPlw CITY COUNCIL AML 15, 1981 Page 10 Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager City Manager Brighton noted the budget work s"sions will be starting. Councilwoman Glick asked City Manager Brighton about the land disposal letter to Mrs. Glad. Mr. Brighton replied, he had promised Mrs. Glad that by the end of the week we will be moving on this. Councilwoman Glick asked, are we going to have to go to advertising? Mr. Brighton replied yes, she understands this. The offer has not been accepted in Coto. H-2 City Attorney Atty. Delahay spoke. 1. Regarding the consimit agenda as submitted by Clerk Whelan. He has done some research about this, there is very little about a consent agenda. The City Code states a separate vote is needed for public hearing of an ordinance, and for resolutions. He would like an ordinance prepared to cover the consent agenda. 2. Atty. Delahay has sane cases coming up requiring much work. With Council consent, he would like to work on Sat. & sun. to do this work uninterrupted and take a week day off on occasion. Council agreed to the request. H-3 Mayor Mayor O'Reilly spoke. 1. Regarding the letter from Borough Mayor Thanpson on the Planning & Zoning powers, and the 2 draft replies by Mayor O'Reilly. Mayor O'Reilly noted Seward has decided not to reply to the letter. He noted that may not be the best reaction if this results in a lawsuit. councilman Wagoner said we should allow a trial period to try and acooaplish this. Councilwoman Glick said there should be some type of pass -through funds, she asked Atty. Delahay if he had reviewed this. Atty. Delahay replied the way it ib written, it is meaningless unless sommone gives them a large amount of money. It used to be on a per head basis. This does not apply to general revenue sharing. Mayor O'Reilly noted this view is not shared by all lawyers. He added Mayor Thoopson had said he would pass an ordinance preventing this yo-yo effect. Atty. Delahay replied that could be changed low CIIN COUNCIL Ifs AML 15, 1981 • Page 11 by another Asse bly. Mayor O'Reilly noted, in Mayor Thon4von's letter, funding was only part of the problem. It is not fair to make the City seem greedy by only mentioning that. We are derelict in our duty if we do not gnat funds due to our City. Ruby Ccyle spoke. Her concern is she would not like to have anything said in the letter that would be harmful to thz City. She would rather not say anything. Councilman Measles moved, seconded by Councilman Wagoner, that the City not respond at all to the letter, don't even acknow- ledge the letter. Cm=ilman Wagoner said the City is backed into a corner, no response gives Mayor Thonpoon no a =rdtien. City Manager Brighton said his reaction is no responsa indicates a positive action on his part for the ordinance to go through. Mayor O'Reilly said he wondered if the letter should be acknowledged. MX=, Amendments Councilman Measles, with consent of second, amended the motion to read the Mayor was not to respond to the letter of April 3, 1981. Motion passed with Councilman Malston voting no. 2. Regarding the trip report from Mayor O'Reilly. Senator G<_imn said Nods & Trails money would be $1-1/2 Million. The Legislature has delegated $50 Million in Capital Improvement funds for District 13. He asked if same Council menbers could go to Juneau, to follow through on this. Courail molms said they would notify the Mayor. 3. Regarding the draft letter to Mrs. Glad. Council had no objection to the reply as suggested. Councilwoman Glick asked that the invitation to the no -host breakfast with Lt. Gov. Miller be octended to the Planning & Zoning Commission. Oouncilman Wagoner asked Mayor O'Reilly, he was going to check in Juneau on legislation regarding the Cultural Facility re- quiring 10% matching by the City. Mayor O'Reilly replied yes, if it came under the $30 Million bill, but this stands little chance of passing. As a line item, it would be 100%. i:a KENAI CITY CO[IML APRIL 15, 1981 Page 12 H-4 City Clerk Clerk Whelan attended the Clerk's Seminar in Fairbanks and will submit a report to Council at the nest meeting. H-5 Finance Director Pinence Director Brown spoke. 1. The annual Federal Revenue Sharing hearing will be bay 6, 1981 at 600, before the Council meeting. It will be in the paper. 2. T* budget hearings should start next week and be through by May 4, 1981. Cmmicil agreed to the first 2 meetingss April 21 and 29, 1981. H-6 Planning s Zoning Councilwoman Glick said she was not at the meeting. They did ratify a lease application of Spur Subdivision and also reviewed the request of a rental car application. It will be brought to Counci.l May 6, 1991. H-7 Deleted H-8 Harbor Commission Admin. Coordinator Davis spoke. 1. Regarding item 0-21, the set -net permits. The Harbor Camdssian wished to bring this to Council for review since this action may become cmnplicated and they warted Council approval. 2. Regarding the memo distributed this date (4-15-81). Mr. 4biley said due to recent development regarding the Rapes lease and the report from the engineers, it did not appear feasible that the study was correct. The Harbor Commission felt they did not change the plan. DOT said they want an alternative plan. They want a resolution by Council with an additive to the grant feasibility study. Councilman Wagoner asked if this had been reviewed with the Harbor Commission, Mr. Davis re- plied yes. Councilwoman Glick asked if the Harbor Commission had taken a vote, Mr. Davis replied no. Councilw"in Glick suggested the Harbor O m osion review this and take a vote, then bring it baek to Council. Mayor O'Reilly asked, what does this do to the moneyT Mr. Davis said it sets it back about 2 weeks. Councilman Wagoner noted 2 weeks delay will not hurt it. XENAI CITY 00fIQCIL APRIL 15, 1981 Page 13 rAxmcil agreed to the suggestion. 3. CH2M Hill has presented a draft, the Harbor. Caani.ssion has accepted it and will review with Council. I. PERSONS PROMT NOT SCNA.MM To HE MW I. Councilman Wagoner spoke. He has bow contacted by some citizens on Watergate Way, they would like to change the name of their street. It was agreed that this should be sub- mitted to PliwUng & Zoning. 2. Mayor O'Reilly said the City Manager had requested an executive session to discuss an easement and/or purchase contract. it was felt it may affect the finances of the City. Council agreed to discuss it in public session. Public Works Director Kornelis said a sewer interceptor line is being placed in Old 7&4n. One right-of-way easement has not been obtained. It will cost $200,000 to move the line. The owner is willing to sell for $20,000. An appraiser will appraise it and get back to the Administration this week (4 1-81). He would like to have Cotwil give City Dianager Brighton auth- ority to negotiate with the owner. There is a possibility of conde�ation, but that takes time. Atty. Delahay noted the City can get the property right away, the price may take time to be settled. City Manager Brighton explained he did not have the authority to negotiate at the $200,000 figure. MOTION: Councilmn Measles moved, seconded by Councilmn Hall, to direct the City Manager to negotiate for purchase of the property up to $20,000. Motion passed, with Councilman Malston and Councilwomen Glick voting no. ADJOtJRNM Meeting adjourned at 11115 PM. a vt� /vz� Janet Whelan t City Clerk V i,