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HomeMy WebLinkAbout1981-08-19 Council MinutesI AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 19, 1981 - 700 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *A11 items listed with an asterisk (*) are con- sidered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member or citizen so re- quests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PUBLIC HEARINGS 1. Ordinance 696-81 - Increasing Rev/Appns - Federal Revenue Sharing - $342,992 2. Ordinance 697-81 -.Amending Kenai Municipal Code, Title 21 - Penalties, Airport Lands 3. Ordinance 698-81 - Increasing Rev/Appns - Airport Liability Insurance - $11,000 4. Ordinance 699-81 - Increasing Rev/Appns - Supplies & Equip., Recreation Center - $14,400 5. Ordinance 700-81 - Increasing Rev/Appns - Terminal Parking Lot Improvements - $20,000 6. Resolution 81-74 - Contract for Arch. Engineer. Design & Inspect. - $190,250 ( Reconsideration) 7. Resolution 81-76 - Urging Adoption of Kenai Peninsula Borough Ordinance 81-74 - Fireworks Regulation S. Resolution 81-77 - Repair of Public Safety Build- ing Roof - Award to Peninsula Roofing - $5,296 9. Resolution 1-78 - Transfer of Funds - Purchase of Desk Attachment - $333 10. Resolution 81-79 - Accepting Grant - State Muni- cipal Aid Entitlement - $2,313,340 11. Resolution 81-80 - To Increase Deposit on Rental of Port Kenay C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Debbie Adamson - Litter Problem 2. Kristin Lambert - Cook Inlet Native Assn. 3. Myrna Gamble - President, Arts & Humanities Council - Remodeling of Arts Center 4. Library Board - Monies for Architect for Library Addition D. MINUTES 1. Regular Meeting, Aug. 5, 1981 E. CORRESPONDENCE 1. Gov. Hammond - Appointment to Alaska Coastal Policy Council 2. Signature for Alaska Dept. of Administration - Municipal Aid Entitlement P. OLD Business i. City Gymnasium Construction 2. Dirt Hike Problem 3. SeaAir Application for Terminal Lease 4. FAA Letter Regarding Terminal Use 5. Pine Arts Building Renovation G. NEW BUSINESS 1. Recommendation from Planning & Zoning on Location of Senior Citizens Center *2. Bills to be Paid, Bills to be Ratified *3. Requisitions Exceeding $1,000 4. Ordinance 701-81 - Increasing Rev/Appns - City Admin. Bldg. Energy Grants - $8,450 (Public Hearing) S. Ordinance 702-91 - Increasing Rev/Appns - Lawton, Walker, Tinker & Rogers Sts. - $949,000 6. Ordinance 703-91 - Increasing Rev/Appns - Main St. Loop & Barnacle Way - $917,000 7. Ordinance 704-81 - Increasing Rev/Appns - Grant From State of Alaska to Care Center - $82,000 S. Ordinance 705-81 - Increasing Rev/Appns - Airport Terminal Renovation z Expansion - $2,000,000 , 9. Ordinance 706-01 - Increasing Rev/Appns - Gym- nasium - $800,000 10, Ordinance 707-81 - Amending Kenai Municipal Code, . Title 6 - Election Code - Canvassing Date i 11. City Adman. Bldg. - OMNI North - Change Order #3 - $1,336 } *12. City Admin. Bldg. - OMNI North - Pay Est. #11 - $16,627 *13, Central Kenai Interceptor - Tam Const. - Pay Est. #5 - $133,121.68 ; *14. Admin. Coordinator Contract - Gary Davis - $859.38 *15. Frontage Rd. - Doyle Const. - Pay Est. #6 -- $94,471.18 *16. Roe. Center Gymnasium Addition - Dowling/Rice & Assoc. - $2,913.50 *17. Water & Sewer, Sect. 36 - Trans -Alaska Engrg. $10,174.81 *18. Water & Sewer, Sect. 36 - Doyle Const. - Pay Est. #5 - $166,061.09 *19. Water & Sewer, Sect. 36 - Doyle Const. - Change Order #3 - ($538.87) 20. Assignment of Lease -- Great Northern Investment Corp. to Donald Price, d/b/a Kenai Radiator Clinic j 21. Agreement Between City of Kenai and Officer Michael Anastay - Attend School 22. Engineering Inspect. - Lawton, Tinker, Walker Rogers - Mike Taurianen Proposal i 23. Engineering Inspect. - Main St. Loop and Barnacle Way - Wince, Corthell b Bryson Proposal I3, 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 a KSMAI CITY COUNCIL REGULAR tt,EETIUG, MINUTES AUGUST 19, 1901 - 7s00 PM CITY ADMINISTRATION BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ray Measles, Dick Mueller, Tom Wagoner, Vincent 0'Reilly, Betty Glick, Jess Hall, Ron Malston Absents None AGENDA APPROVAL Mayor O'Reilly said Ruby Coyle asked to speak under item C-1. Mayor O'Reilly said Atty. Delahay wished to place items P-3 and P-4 at the and of agenda in the event of an executive session. Councilman Malston objected to the Consent Agenda. Council approved the agenda as amended. B. PUBLIC HEARINGS B-1 Ordinance 696-81 - Increasing Rev/Appns - Federal Revenue Sharing - $342,992 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. Councilman Wagoner said he thought the City should think long and hard of spending all the money at this time. it could be used next year to keep the mill rate at a low level in case the Legislature does not allocate enought fundo. Motion passed, with Councilman Wagoner voting no. Mayor O'Reilly noted Councilwoman Kristin Lambert of the City of Soldotna was in the audience. B-2 Ordinance 697-91 - Amending Kenai Municipal Code, Title 21 - Penalties, Airport Lands MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-3 Ordinance 698-81 - increasing Rev/Appns - Airport Liability Insurance - $11,000 MOTION: Councilman Malston moved, seconded by Councilman Mueller, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. �i a o KENAI CITY COUNCIL AUGUST 19, 1991 Page 2 B-4 Ordinance 699-81 - Increasing Rev/Appns - Supplies & Equip., Recreation Center - $14,400 MOTIONS Councilman VAalston moved: seconded by Councilman Wagoner, to adopt the ordinance. There was no public comment. Councilwoman Glick asked, why are we buying equipment for the Recreation Center? Don't we have a TV upstairs? Aren't we buying things we don't really need? That should have been included in the budget or revenue sharing. They are from unappropriated funds balance. This is circumventing standard operating procedure. Also, what kind of equipment are we putting in? City Manager Brighton replied they were recommended by the Recreation Commission. Recreation Director McGillivray explained they are for the lower level outside of the racquetball area, it is a waiting area. The reason they were not on the revenue sharing list is that in previous years they did not go on revenue sharing. Also, there was some money left from last year. Motion passed, with Councilwoman Glick and Councilman Malston voting no. B-5 Ordinance 700-81 - Increasing Rev/Appns - Terminal Parking Lot Improvements - $20,000 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-6 Resolution 81-74 - Contract for Arch. Engineer, Design b Inspect. - $190,250 (Reconsideration) MOTION, Reconsiderations Councilman Mueller moved, seconded by Councilman Wagoner, for reconsideration of the resolution. Councilman Wagoner said he felt this was too much money to spend on one project. The Airport Manager had said 7,000 sq. ft., the new proposal is 8,000 sq. ft. The new schematics show us losing all the freight area. We will be losing income on the ex- pansion. Also, if we extend north, we will have additional road work. That will cost money. Council- man Measles said the schematics are preliminary, they have nothing to do with the motion. Councilman Wagoner noted the price of the architect is considered in the total cost of the project. Councilman Measles asked Councilman Wagoner if his question was with the design or the amount of money. Councilman Wagoner replied, design. We need to set a minimum criteria of what we want in the airport. Mayor O'Reilly suggested Councilman Wagoner's thoughts be included in Carmen Gintoli's design proposal. Councilman Wagoner said if we go into a contract for 0190,000, we haven't decided the scope of the project, just the perimeter. Councilman Meuller said in effect we have given the architect $2 Million to shoot at. He has a problem with the way this is set out. We are not asking the contractor what can he do, KENAI CITY COUNCIL AUGUST 19, 1981 Page 3 but what can he do with $2 Million. Councilman Wagoner said he reviewed the minutes of May 20, 1981. He questioned the need of new schematics, we al- ready had 3 concepts. Public Works Director Kornelis had replied all 3 were very different and he would like to consolidate them, this is the one that will be used for. bid proposals. Councilman Wagoner said there were none used for bid proposals because we didn't receive any bid proposals using those ' schematics. He was under the assumption we would be asking for an amount. Public works Director Kor"lis explained he received 23 requests for pro- posals, he sent schematics to all. In the request, iva�� he did not ask for a specific cost, just that we eK had $2 Million. We received 8 proposals back. The bN,,i,.�ss4s a• architects aid if ywent out for i up. would go As fprofessionalliabilityinsurance or the $2 Million, everything in his office is ♦t,r r►.►�:�.Aay °�' public information, so he had to give it out. Ki14✓1* Councilwoman Glick said the Public Works Committee NQ,. t+:,� a i, reviewed the proposals and selected Carmen Gintol i' s ro+ proposal because he is local, he proposed to use 7e wsa. She felt they followed *A Sh guidelines. e reviewed other government entities „o�cs and their procedures of bidding. Councilman Wagoner {Q+ti �,•{,�,� said the point is he questions if we should spend 1 $2 Million on renovation. The streets, etc. should ll be part of construction. Kr# �g •� Notion failed, with Councilmen Mueller, Wagoner, Hall ,O" `�-t kt voting yes; Councilmen Measles, Malston, Mayor Vt4A O'Reilly, Councilwoman Glick voting no. bLC0W •��it ��8-7 Resolution 81-76 - Urging Adoption of Kenai Penin- a 4a• sula Borough Ordinance 81-74 - Fireworks Regulation ;�tsf Mayor O'Reilly noted this was dealt with at the b� Borough Assembly Aug. 18 and was defeated. Council- woman Glick asked if it was his intention to just have it on record since the Borough has taken action? Mayor O'Reilly replied yes. MOTIONS Councilman Measles moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. Motion passed, with Councilman Malston voting no. B-8 Resolution 81-77 - Repair of Public Safety Building Roof - Award to Peninsula Roofing - $5,296 MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilman Mueller asked, did we do some repair in the last year, was there some warranty on this? Fire Chief Winston replied, that was over the apparatus room, this is over the office space, jail and police dept. There is no warranty on this work, it is preventative maintenance. Motion passed unanimously by roll call vote. I " 4 ^ a KEN -Al CITY COUNCIL AUGUST 19, 1981 Page 4 B-9 Resolution 81-78 - Transfer of Funds - Purchase of Desk Attachment - $333 MOTION s Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. City Manager Brighton explained this was a transfer from one dept. to another, and required Council approval. Notion passed unanimously by roll call vote. 9-10 Resolution 51-79 - Accepting Grant - State Muni- cipal Aid Entitlement - $2,313,340 Councilman Malston moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Notion passed unanimously by roll call vote. B-11 Resolution 81-80 - To Increase Deposit on Rental of Port Kenay MOTIONs Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Motion passed, with Councilman Malston voting no. Mayor O'Reilly noted the gift of cookies from Louisa Miller for Council and Administration. W. Soss- Mayor O'Reilly noted in attendance were his wife, his s,a 1 daughter,l and a friend from out=of-State. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Debbie Adamson - Litter Problem The problem is with the cannery workers. It was bad last year too. She distributed pictures of the area where the cannery workers camped, and the mess left there. She said this is where families go, near Central Heights. The campers also had a big fire, there could have been a forest fire. Petersburg handled their problem with a community park. They received $85,000 from the State, Kenai might be able to do the same. She is requesting the City build a park for public camping. There should be bathrooms, running water, dumpsters, and be within easy walking diatance to town and canneries. Upon approval, the City should contact the cannery operators/owners to instruct the kids to use them for overflow. She noted last year the kids were dumping into an open basement, there is a well there, this could seep into other wells. Ruby Coyle spoke. All the kids that stayed on her property cleaned up, but one group. There will be ' KENAI CITY COUNCIL ++ AUGUST 19, 1991 Page 5 _ -' a truck load of garbage to haul off. She is sure �� i they did not use the public facilities available. She asked him to leave and he did not feel he had to. Something has to be done. It will probably be worse next year. She didn't think it was fair that the owners had to handle it alone. I Mayor O'Reilly asked Administration to talk to the City of Petersburg to pee how it was handled, then to discuss it with the local canneries to get some- thing started. Council agreed to the request. i C-2 Kristin Lambert - Cook Inlet Native Assn, This is a job training program for youth and adults. Their primary goal is to get people off welfare. It is a local program. It has been extremely successful in reducing crime and unemployment. They have wide support from the community. Federal budget cuts have affected them, Kenai may be cut out. It is non-dis- criminatory, In order to get funding, they are sub- s•+ mitts to the State for the Federally cut programs. ��1:ca�:o» They have, a commitment from the State for State funds for the balance of the year. They are asking for a financial contribution from the City. SBI68 is their main hope. The communities should use some of their moneys for social services. They are asking the Council for a resolution of support and a donation of $25,000. That is not enough to run the programs, just to indicate support. Jack Brown, Cook Inlet Native Assoc., spoke. They have had approximately 300 in the last 4 years. The primary program is for youth offenders. They have been commended nationally for this. The reason for their success is they act as an extended family. They find full-time, unsubsidized jobs for 78% of the kids. They try to teach self-reliance and independence. The wilderness Experience was'also successful, the kids learned self-reliance. They feel they are the only agency that can offer this type of program. Bill Altland, Alaska Dept, of Fish b Game, spoke. He has had 10 or 12 youth and adults in the program. They have acquired skills. We should be, as a community, not only interested in enhancing the City but also human resources that support the City. Wanda Carlson spoke. She was an instructor in the program. She has seen much improvement in the kids this summer. Jeff Agent (sic), one of the workers, spoke. He is working in his chosen field. This experience is very valuable, it makes it easier for them to get jobs if they have actual experience. Daren Marian (sic) spoke. He has been employeed with CINA for 2 years in auto mechanics. He has been offered full time jobs and his future looks promising. Carmen Gintoli, spoke. He was speaking as one of the members of the State Manpower Services Council and as a business man. He would encourage the Council to support the program. City Manager Brighton noted the City has one of the youngsters in the City Hall. She is not the. first. She is very conscientious and energetic. KENAI CITY COUNCIL AUGUST 19, 1981 Page 6 Kristin Lambert noted it will not be a CETA program, but a State program. Councilman Wagoner asked that Administration draw up two resolutions: one endorsing CINA programs, and one endorsing City participation in the amount of $25,000. City agreed to the action. C-3 Myrna Gamble - President, Arts & Humanities Council - Remodeling of Arts Center There have been many visitors to the Arts Center, they have used 4-1/2 guest books, of 480 lines each, in the past 2 summers. The Art Guild does a lot of work in the community, a $5,000 scholarship to a graduating senior, they have an art show. They have tried to get State money, but cannot because it is City -owned. C-4 Library Board - Monies for Architect for Library Addtition Janette Neal, President of the Library Board, spoke. She was requesting City Council appropriate funds in the capital improvement funds budget to develop plans for the library addition. They have 5000'patrons, they are bulging in their store rooms. They would invite Council to come to the library and see what the employees and volunteers are doing. City Manaqer Brighton noted he was going to ask for a work session later in the meeting, and that was to be one of the topics. Council agreed to add that to the list of topics. Mayor O'Reilly asked that the Library Board be notified of the work session time and date. E. CORRESPONDENCE E-1 Gov. Hammond - Appointment to Alaska Coastal Policy Council Mayor O'Reilly noted he was an alternate to Mr. Crawford. Councilman Wagoner asked if Mr. Crawford was still on the Seldovia Council, the appointment must be of an elected official. Mayor O'Reilly replied yes. Councilwoman Glick asked if Mayor O'Reilly had contacted Mr. Crawford. Mayor O'Reilly replied no, but he had not heard anything to the contrary. VWTION t Councilwoman Glick moved, seconded by Councilman Malston, the John Crawford's name be submitted as member of Coastal Zone Planning Council. Motion passed unanimously by roll call vote. E-2 Signature for Alaska Dept. of Administration - Municipal Aid Entitlement MOTION: Councilman Measles moved, seconded by Councilman Malston, to prepare the letter for signature. KENAI CITY COUNCIL AUGUST 19, 1981 Page 7 Motion passed unanimously by roll call vote. F. OLD BUSINESS F-1 City Gymnasium Construction Councilwoman Glick explained that at the Aug. 5, 1981 meeting, the Council was told if they had any problems with the proposal, they could bring them to this meeting. Recreation Director McGillivray added bond- ing was also discussed. Councilwoman Glick said the issue of 100% bonding was brought up, Atty. Delahay has replied to that by memo in this packet. F-2 Dirt Bike Problem City Manager Brighton said there was a letter in the packet from Police Chief Ross to the State Attorney General. Councilwoman Glick asked if a copy had been sent to Mrs. Hermenson. Mr. Brighton replied he would send her a copy. P-5 Fine Arts Building Renovation Councilwoman Glick said at a previous Council work session this matter was discussed and given to the Public Works Committee. There are some items on the list that are expensive, but this is a City building. These people provide a worthwhile service. Councilwoman Glick reviewed the list of requests. She noted at this time we are no longer considering a cultural center, it would be nice if the City could upgrade their facility. Councilman Wagoner said he didn't think we should do the proposal without making a study of whether we are going to keep the building. We should also study if we are going to keep Fort Kenay. Councilman Measles said it doesn't make any difference if we are going to keep the building a short time or not, it will in- crease the value when we get rid of the building. Mayor O'Reilly asked that this item be added to the work session list. Councilwoman Glick noted at the work session Council told the Library Board they could start architect proposals. City Manager Brighton said at the last meeting he understood Council asked the Library Board to come to this meeting. A resolution was to be made up, but Ad- ministration has no idea of design and size, so we cannot appropriate money. The reason for the Art Center proposal was because if have a Senior Citizen's Center, perhaps we could combine the museum and art center. We should study the alter- natives. Councilman Malston noted when we went to Juneau, we asked for an expansion. Whatever we asked for, that is what we wanted. Mr. Brighton said we asked for $750,000. Librarian DeForest said that was to cover 5,000 sq. ft., current plans show 10,000 sq. ft. She would like a work session. Councilman Malston said the only money we have put in the art center is to repair the roof. Any City - owned building should be repaired on an as -needed basis. Councilwoman Glick said, as for Fort Kenay, we have the beginnings of a fine museum. if the Senior Citizens vacate, she would suggest we expand the museum. Councilman Wagoner noted Mrs. Gamble had said State money could not be given to them as long as the building is owned by the City. Maybe we should give it to the Arts Council. Councilwoman Glick asked that an ordinance addressing these items be at the next meeting. It should also be discussed at the work session. i� KENAI CITY COUNCIL AUGUST 19, 1981 Page 8 G. NEW BUSINESS G-1 Recommendation from Planning & Zoning on Location of Senior Citizens Center City Manager Brighton explained before they can go any further, they need the location of the building settled. The Senior Citizens have chosen a site, they have gone to Planning & Zoning. Mayor O'Reilly asked if it was on FAA City property. Mr. Brighton replied yes. MOTION Councilwoman Glick moved, seconded by Councilman Hall, to accept the recommendation of the Planning & Zoning Commission regarding location of the pro- posed Senior Citizen Center. Councilman Mueller asked if other sites were looked at. Mr. Brighton replied yes, In looking down the road, they wanted room for housing and proximity to town. Some areas involved deeding with various owners. They are proposing to lease one acre to develop the cantor and withdraw the balance for future development. The green belt area will be honored. Atty. Delahay said the Council should be advised that we should have permission from FAA to lease or sell the area. It will have to be leased or sold at fair market value. The FAA may object to setting aside of the area. Councilman Malston asked if Planning & Zoning was aware of the other sites. Councilwoman Glick replied yes. Mayor O'Reilly asked if there was a road entrance and if there was water & sewer. Councilwoman Glick replied because of proximity to Frontage Rd., they would start near it. It would be bordering on Frontage Rd. Councilman Malston noted we are try- ing to develop the City and are taking a prime chunk out of the area for a Senior Citizens Center. Betty Warren spoke. She agreed this is prime property, but a piece of land is worth what the developer is willing to put into it. If business is located there, it would be a waste of the view. The Senior Citizens need to move, they are crowded. The future complex will be an asset to the community. The City could put hotels, restaurants, etc. on the bluff. The Senior Citizens have contributed to the community, they arc a growing group. They also spend money in the community. Councilman Malston asked, what does the comprehensive plan call for? Planning & Zoning Chairman Bryoon replied, high density, residential. Councilwoman Glick said their future proposal will be in that category. Councilman Mueller said first c o"bldoratioii is FAA approval, second is - as we build those things, we need to look at operations & maintenance. Ruby Coyle spoke. The Senior Citizens should have the privilege of a primary spot in Kenai to spend their last days. The taxes the Senior Citizens have paid deserve a most desirable spot. Council on Aging Director Porter spoke. This area is a prime spot for the Senior Citizens. They could have a view and other benefits. The Recreation Center and Library arc on prime community property. Est-•:»,�,,,�,a .��. �.. -- KENAI CITY COUNCIL AUGUST 19, 1981 Page 9 MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to postpone action till we get a reading from FAA and have Administration look into this as soon as possible. Motion passed unanimously by roll call vote. Councilwoman Glick asked, if FAA is not agreeable, would they be agreeable for lease? G-2 Bills to be Paid, Bills to be Ratified MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billings. Councilman Maiston asked, where is Arctic Office 1ocnted? Finance Airector Brown replied, Anchorage. Councilman Malston asked, any reason they could not be local? Mr. Brown replied, it went to bid and was approved by Council. Motion passed by unanimous consent. 1-3 Requisitions Exceeding $1,000 MOTIONs Councilwoman Glick moved, seconded by Councilman Mueller, to approve the requisitions. Motion passed by unanimous consent. Councilman Wagoner asked, why cannot some process be used for approval of payment as is done for capital improvements? We are doing a lot of unnecessary work. Finance Director Brown replied the Consent Agenda was designed to do this, there has been reluctance to accept the Consent Agenda so there waa no need to try for this. Mayor O'Reilly noted that was done some time ago when safeguards were necessary. Maybe it is time to review this. 0-4 Ordinance 701-81 - Increasing Rev/Appne - City Admin. Bldg. Energy Grants - $8,450 (Public Hearing) MOTION s Councilwoman Glick moved, seconded by Councilman -" Malston, to introduce the ordinance. I Motion passed by unanimous consent. MOTION; -= Councilwoman Glick moved, seconded by Councilman Wagoner, to have the aocond hearing and declaring an emergency. Atty. Delahay explained on a finance ordinance, it is not necessary to declare an emergency. MOTION, Amendments Councilwonvin Click, with consent of second, deleted f. the portion of the motion declaring it an emergency. f � y . I + .r 3 ."1� I KENAI CITY COUNCIL AUGUST 19, 1981 Page 10 Motion paased by unanimous consent. MOTION: Councilwoman Glick moved, seconded by Cou Malston, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vo G-5 Ordinance 702-81 - Increasing Rev/Appns - Lawton, Walker, Tinker & Rogers Sts. - 0949,000 MOTION: Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed by unanimous consent. G-6 Ordinance 703-81 - Increasing Rev/Appns - Main St. Loop & Barnacle Way - 0917,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed by unanimous consent. 0-7 Ordinance 704-81 - Increasing Rov/Appns - Grant From State of Alaska to Care Center - $82,000 MOTIONt Councilwoman Glick moved, seconded by Councilman -Malston, to introduce the ordinance. Councilman Wagoner said he thinks it is bad for the City to have a separate class of young people when we just put in a recreation center. He doesn't agree with the State concept. City Manager Brighton said the request was made by the Community Care Center, not by the City. The funds are to pass through the City as was done with the Recreation Center. it is not a recreation center, it is a training center to provide work schools. Councilman Wagoner said he understood the difforonco, but it says work shop and recreation center. They go to public schools that have training centers. Mayor O'Reilly said he sits on the Board, but he has no money involvement, so he will vote. Motion passed, with Councilman Wagoner voting no. 0-8 Ordinance 705-81 - Increasing Rev/Appns - Airport Terminal Renovation & Expansion - $2,000,000 MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to introduce the ordinance. Motion passed, with Councilman Wagoner voting no. G-9 Ordinance 706-81 - Increasing Rev/Appns - (;ymnasium - $800, 000 i i j ti KENAI CITY COUNCIL AUGUST 19, 1981 Page 11 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance. Unanimous consent was asked for, Councilman Mueller objected to the action. Motion passed, with Councilmen Measles, wagoner, Hall, Malston, Mayor O'Reilly voting yes; Council- man Mueller, Councilwoman Glick voting no. G-10 Ordinance 707-81 - Amending KMC, Title 6 - Election Code - Canvassing Date MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. Atty. Delahay said requested this be brought to Council. Many absentees were denied the right to vote because of the early canvass date. The original Ord. 707-81 was for canvassing, the substitute was prepared because under Charter Council may delegate canvassing of votes to a canvassing board. This is more of an Administrative task, Council has just been approving the count. This substitute sets up a can- vassing board. Mayor O'Reilly asked if the people get paid. Atty. Delahay replied yes. Councilman Measles asked, who appoints the judges? Atty. Delahay replied, the Clerk submits the recommendations to the Council for approval. MOTION, Amendments Councilman Malston moved, seconded by Councilwoman Glick, to change the motion to introduce substitute Ordinance 707-81. Motion passed by unanimous consent. G-11 City Admin. Bldg. - OMNI North - Change Order #3 - $1,336 MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve the billing. Motion passed unanimously by roil call vote. G-12 City Admin. Bldg. - OMNI North - Pay Est. #11 - $16,627 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the billings. Motion passed unanimously by roll call vote. G-13 Central Kenai Interceptor - Tam Const. - Pay Est. #5 - $133,121.68 MOTIONS Councilman Measles moved, seconded by Councilman Malston, to approve the billing. Councilwoman Glick asked if the signed copy had been received. KENAI CITY COUNCIL AUGUST 19, 1981 Page 12 Public Works Director Kornelis replied yes. Finance Director Brown said he would compare the signed copy and sign only if all is okay. Motion passed unanimously by roll call vote. G-14 Admin. Coordinator Contract - Gary Davis - $859.38 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-15 Frontage Rd. - Doyle Const. - Pay Est. #6 - $94,471.18 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. Councilman Mueller said, unless stop signs are put up; someone will be killed. Public Works Director Kornelis said he would look into it. G-16 Rec. Center Gymnasium Addition - Dowling/Rice & Assoc. - $2,913.50 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Notion passed unanimously by roil call vote. G-17 water 6 Sewer, Sect. 36 - Trans -Alaska Engrg. - $10,174.81 MOTIONS 'Councilman Mueller moved, seconded by Councilman Malston, to approve the billing. Notion passed unanimously by roll call vote. G-18 Water & Sewer, Sect. 36 -• Doyle Const. - Pay Est. #5 - $166,061.09 MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to approve the billing. Motion passed unanimously by roll call vote. G-19 water & Sewer, Sect. 36 - Doyle Const. - Change Order #3 - ($538.87) MOTIONS Councilman Mueller moved, seconded by Councilman Hall, to approve the billing. �i r , KENAI CITY COUNCIL AUGUST 19, 1981 Page 13 Councilwoman Glick asked why we had to move the phone lines. Dick Lomen, Construction Manage:, explained, the job was designed 2 years ago. It had to redesigned because of conflict with :.he utilities. They made changes in the drawings for the phone lines. The Kusco iinea were not as the as -built showed, but were over the proposed water main. They discussed this with the utility companies and opted to move the phone lines. It was easier and cheaper. They have saved money on various items up to $21,000.This change was put into this. Council- woman Glick asked, why does the City have to move the phone lines? Councilman Measles explained, it wasn't put in wrong, the gas line was. It is on State right- of-way. Atty. Delahay said in other places it has been on City right-of-way, this is on State. We don't have the right of ask them to move. Council- woman Glick said she objects to the method used. Usually savings are saved till last. A change order should not be in aavings. Public Works Director Kornelis said they can redo and submit at the next meeting. The only reason was to expedite. Council- man Measles noted it has already been done. Motion passed, with Councilmen Measles, Mueller, Wagoner, Hall, Mayor O'Reilly voting yes; Council- woman Glick, Councilman Malston voting no. G-20 Assignment of Lease - Great Northern Investment Corp. to Donald Price, d/b/a Kenai Radiator Clinic MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the assignment of lease. Motion passed unanimously by roll call vote. G-21 Agreement Between City of Kenai and Officer Michael Anastay - Attend School MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the agreement. Councilwoman Glick asked, this is the same type of agreement as the other ones with the Police Dept.? City Manager Brighton replied yes. Motion passed unanimously by roll call vote. G-22 Engineering Inspect. - Lawton, Tinker, walker, Rogers - Mike Taurianen Proposal MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the proposal. Public Works Director Kornelis explained, in both proposals (G-22 & G-23) they have set up for every- thing including alternates. As the project is re- duced, the figures will be deducted and shown to Council. Councilwoman Glick asked, is the lump sum proposal on a not -to -exceed figure? Mr. Kornelis replied, it is on hourly rates. Finance Director Brown noted the money has not been appropriated. 44477 �iivl,' = L t KENAI CITY COUNCIL AUGUST 19, 1981 Page 14 MOTION, Withdrawal: Councilwoman Glick, with consent of second, with- drew her motion. MOTION s Councilwoman Glick moved, seconded by Councilman Measles, to request Administration to prepare a contract with Mike Taurianen for engineering and inspection of Lawton, Tinker, Walker, Rogers project when the money is made available through State grant. Motion passed unanimously by roll call vote. G-23 Engineering Inspect. - Main St. Loop and Barnacle t Way - Wince, Corthell & Bryson Proposal MOTION s Councilman Measles moved, seconded by Councilman Malston, to request Administration to prepare a contract with Wince, Corthell & Bryson for engineering and inspection of Main St. Loop and Barnacle Way pro- __ - ject when the money is made available through State grant. Notion passed unanimously by roll call vote. F-3 SeaAir Application for Terminal Lease F-4 FAA Letter Regarding Terminal Use City Manager Brighton reviewed material in the packet, and material passed out at the meeting. 'j He noted the letter to the Mayor was hand -delivered asking for accommodations. The latest response from FAA was received today (8-19-81). This situation has pervaded Council for some time now. Tesoro used to have office space rented in the building, and has now vacated. SouthCentral wishes to lease. He has -- not been able to take action till he came to Council. We have a conflict with prospective users, present users and the PAA. The question is, are we going to provide some sort of space for SeaAir in the terminal building for a sign and ticket sales. This has nothing r' to do with their ability to serve. If you refuse space, you have not eliminated service. He suggested the Council turn the solution over to Administration and give them a couple of weeks to solve it. He - agreed philosophically with the Council views on the .` FAA attitude, but his job is to get the problem settled. It is very difficult to put an individual in a position of asking favors of FAA and going against them. The safety factor has not been advanced, the confusion factor has not been alleviated. The City of Kenai cannot by itself afford to maintain and operate the airport. The solution may not be appealing, but it is a suggestion. We cannot go 7 different ways and resolve anything. Councilman Measles said the last letter raises another question more important k, s, than SeaAir. We are talking about $2 Million to renovate with no help from FAA, it says we have to .� provide space to any that want to come in. Even with an addition, anyone can come into the terminal. Mr. Brighton said we either bow to FAA or go our own way. We do not have the finances to do this. ;'here t are many questions that are irrelevant to this problem. We are in a position that no matter which way we go i; there will be people mad. If we accommodate SeaAir, terminal users -,I.11 be mad, if we don't SeaAir and FAA will be mad. Councilman Wagoner noted not only KENAI CITY COUNCIL AUGUST 19, 1981 Page 15 did SeaAir ask for accommodations, but Alaska Air and Evergreen. If we go back now, you had better be ready to give space to others who ask. MOTION: Councilman Mueller moved, seconded by Councilman Hall, to turn over to Administration for 2 weeks .hake request to attempt to resolve the problems. as 0.:;we04a Atty. Delahay said the deadline is Aug. 31, there will not be time to come back. He suggested the Council give Administration authority to handle. He suggested an executive session. Councilman Measles asked, have we talked to anyone higher than Robie Stricklund? Mayor O'Reilly replied, the legislators. Atty. Delahay noted they are not higher, he has talked to the FAA attorney. Council- man Measles asked the reason for the executive session. Atty. Delahay replied, he doesn't like to give a client's strength and weaknesses in public. Atty. Rick Baldwin spoke. The Council has put a lot of effort into this. It has not been fruitless. Councils all over the country are debating this Problem. All leases are on a first -come, first - served basis. SeaAir was first, they have not received a lease yet. Regarding Mr. Brighton's statement about no congestion. That is not true. FAA is bound by laws. They cannot make Kenai a whipping boy, they cannot turn down land deals. The City can deal with FAA as a door mat or they can deal with a position of strength. Thera was a time when we had more independence, this is the time to get some of it back. At this time the City is getting more from the state for many projects. We don't need to rely on the Federal Govt., the state has the funds. FAA is not the final arbiter, the Court is. Regarding the immediate problem, SeaAir space is not the question, not is money. The issue is not philosophy, pride or loss of face. It is not who gets mad. The question is do we right the battle now, a year from now, or many years from now on who has the authority to run the airport. City Manager Brighton asked, if Council adheres to his advise, and we lose money, will he be able to find funds? Mr. Brighton noted also, Atty. Baldwin was representing a client. MOTION, Executive Sessions Councilman Measles moved, seconded by Councilwoman Glick, to go with Atty. Delahay's request for executive session called because matters will be discussed that immediate knowledge of which would clearly have an adverse effect upon the finances of the governmental unit. John Quinley, Peninsula Clarion, spoke. He reminded the Council that a very small portion can be discussed in executive session by State law. Mayor O'Reilly acknowledged the statement. Council adjourned to executive session. MOTION, Amendment: Councilman Measles moved, seconded by Councilman Mueller, to amend the motion to read, whatever is worked out by Administration be brought back to Council Wednesday night. (Aug. 26, 1981) KENAI CITY COUNaIL AUGUST 19, 1981 Page 16 VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion with Amendments Motion passed, with Councilman Malston voting no. Mayor O'Reilly advised Council there would be a special meeting Aug. 26, 1981. Clerk Whelan was asked to give notice to all interested parties. H. REPORTS H-1 City Manager City Manager Brighton spoke. City Manager Brighton advised Council there would be a work session after the special meeting Aug. 26, 1981. City Manager Brighton said the work session would covers a. Social Security election by employees b. Art Center c. Land sale and 2nd mortgage d. Open house for Admin. bldg. Of Library design Councilwoman Glick asked Mr. Brighton about the clock for the Council chambers. Mr. Brighton replied he would take care of it. H-2 City Attorney Atty. Delahay spoke. 1. There are two claims the City has on City property. A stolen truck that was destroyed and a child wrote in fresh concrete. In both cases, there is little chance of recovery. 2. He has a table in his library that is extra. He would like to buy it. 3. Regarding the City Admin. bldg. parking lot. We have not bought or leased it from FAA. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that the City sell to Atty. Delahay the computer table for $57.22 as long it meets the legal requirements for sale of City equip. Councilman Malston asked if any dept. can use it. Atty. Delahay replied he had asked all depts., None can use it. Councilman wagoner asked if the Histor- ical Society had been contacted. Motion passed, with Councilman Malston voting no. Councilman Malston asked City Manager Brighton if he had contacted the judge regarding prisoners doing civic work, as was discussed in a recent meeting. They could be used to pick up trash, etc. Mr. Brighton replied he had checked with the police, they had done it in the past, but have stopped. Some group said that was demeaning, they should 0„ 2-1 is M3 AI CITY COUNCIL AUGUST 19, 1981 Page 17 not have to. Councilman Malston asked Mr. Brighton to check with the judge. Mayor O'Reilly asked if this was the proper time to discuss Council reaction to the Atty's memo on land bidding procedures, He felt the memo deals with allegations, then to judgements, and in doing that casts more than just reflections but severe Judgements on people involved on the last bidding �n%f City lands, He saw no opportunity for those people to respond. He has a belief the memo will not be able to remain in confidentiality that is between Atty. and Council for long. He would like to hear from the people who were involved. Council- woman Glick told Mayor O'Reilly he was not at the last meeting when Atty. Delahay requested an executive session. Council turned down the request. Atty. Delahay was looking for direction and felt there were aspersions cast on upstanding people. Her reaction to the memo was trying not to get too excited and come to a firm conclusion. It should be addressed and laid to rest.You could compare it to the situation with Mrs. Glad, but•her personal feel- ing to -this is there are additional letters avail- able involved in these allegations from other people. These people should be given a chance to give their Point of view. I have some question on information released to bidders. Evidently Atty. Delahay felt there was some question as to giving out information on how many bids were given out. Atty. Delahay said at the time he requested an executive session and smanded to ask people to come and ask for a public session if they wished. This is up to Council. City tanager Brighton said Administration has already acted on those bids. Atty. Delahay said then the matter is moot as to what the City is going to do. Councilwoman Glick said whether or not the matter is moot, there were allegations made. They should be cleared up. The reputation of the City is at stake hers. Councilman Hall said as he interprets it, these irregularities could be questioned that they were irregularities. After reading it over a couple times, he is not sure there were any irregularities. Mayor O'Reilly said he can see a situation where we could end up chasing ourselves around on this. He thought we are the wrong body to be deciding this. What this says to him is that the system of bidding has been tampered with and it is not within our powers to resolve. Perhaps the memo should be handed to the District Attorney with a request to be looked into to see if the bidding process has been tampered with. This gives an opportunity for those involved to have their say. Atty. Delahay said this is not a criminal matter and the District Attorney would not be interested. This should have been handled before bids were accepted. It is a civil matter. Councilman Measles said the biggest irregularity is that information was given out on how many bids were given out. That should not be given out on sealed bids. Atty. Delahay said we have construction contracts and the number of bids is many times given out. Councilman Measles said that should not be given out to prospective bidders. Atty. Delahay replied that brings up the problem of information belonging to the citizens. We should make a law to that effect if you feel that way. Mayor O'Reilly said that is one part of the problem. The other part is the allegations stated here. The people listed should have a chance to respond. The Council should not do this. We would be very remiss is we don't give these people NJ I 4 INZSa -..... - - - aFt - _ YllYfiiQ I T !liIIIY KKENAI CITY COUNCIL AUGUST 19, 1981 Page 18 ; a chance to speak. Councilwoman Glick said we have 2 recourses, give to the District Attorney or do as the Attorney has suggested. She asked City Manager Brighton, the sale is consummated? Mr. Brighton replied, yes. The land sale was consummated on the basis of the high bidder on Monday of this week. The high bidder was in London right after awarding of the bid. He brought his money in and the documents have been sent to the Title company. 0 - *1t Councilwoman Glick moved, seconded by Councilman Measles, that the memo which Council received as confidential matter between attorney and client be given to the District Attorney for review to see if there are any irregularities or our bidding process has been tampered with. City Manager Brighton stated the Council is about to take under consideration probably one of the strongest actions they have undertaken since he has been here. He thinks they should study what the ramifications are of a positive vote. He sees them as unlimited and to the detriment of the City, those involved, and the process the City is going through to sell land. That action would provide no benefit to anybody. He asked that they weigh it very carefully when they cast their vote. Councilman Wagoner said the City is being drug into a conflict between 2 bidders. They don't have to be involved in this. Councilwoman Glick said it is her concern that the City does not find themselves in the same position they were 10 years ago. The concern is there may not be a thing wrong and we can ignore it and hope it goes away. But there is always a chance it may not be. She would hate to see us even start in that situation. At that time there were Council members who were aware of problems but hoped it would go away. Others were part of the problem. we are charged with the res- ponsibility of the City as a whole. She is still not clear in her mind that this is the right way to go. Councilman Wagoner said the City has done nothing, no accusations ha,,lc been made. The Atty. has repeated heresay. This will make our FAA problem look like a cakewalk. Councilman Hall said this is a conflict between 2 bidders, not the City. If the letter writer has problems, he should initiate action. Councilman Wagoner said the Atty. has done his job by telling Council of possible ramifications and solutions. Motion failed, with Councilman Measles, Mayor O'Reilly, Councilwoman Glick voting yes; Council- men Mueller, Wagoner, Hall, Malston voting no. H-3 Mayor Mayor O'Reilly spoke. He noted the Dow/Shell report distributed this date (8-19-81). Regarding the Shell meeting with Mitsubishi. Nothing needed to be said, but Shell emphasized the point that Kenai was a good place. H-4 City Clerk None H-5 Finance Director None KENAT. CITY COUNCIL AUGUST 19, 1981 Page 19 H-6 Planning & Zoning Councilwoman Glick spoke. 1. A Kenai Air Service tract rezoning was approved. 2. A lease application on the former Serendipity land was refused. 3. The Senior Citizen request for land was discussed. 4. A zoning change was discussed and given to Administration. S. Subdivision of Kenai River Spit SID was discussed. 6. Rezoning around airport and City Admin. bldg. was discussed, Admin. is handing. 7. A lease application for a hotel was submitted. Administration will handle. Councilwoman Glick asked Atty. Delahay, when we go to bid, in the past we have requested all documents become the property of the City. Are we doing this in regard to the City Ad. Bdig.? City Manager Brighton replied he will check into this. H-7 Harbor Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Councilman Measles asked, is there any reason why Council has to approve assignment of lease? Atty. Delahay explained sub -leases may be approved by Council, but assignments must be atVroved by Council. The original lessee is still responsible in a sub- lease. Councilman Measles asked how come the fireplugs on Section 34 are below ground level? City Manager Brighton explained the extension pieces are not here yet. Councilwoman Glick noted there were compliments and comments from the Board of Directors of the Municipal League during their meeting Aug. 14 6 15. Also the hospitality was noted. The City did themselves proud. ADJOURNMENT Meeting adjourned at 12s50 AM. 1 7efteeetarn, C ty Clerk i I 1