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1981-09-02 Council Minutes
I ;, AGENDA KLNAI CITY COUNCIL - REGULAR MEETING SEPT. 2, 1981 - 700 PM PLEDCZ OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda * All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be nc, separato discussion of those items unless a Council marmbor or citizen so requests, 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. Be PUBLIC HEARINGS 1. Ordinance 702-81 - Increasing Rev/Appns - Lawton, Walker, Tinker, Rogers - 0949,000 2. Ordinance 703-81 - Increasing Rev/Appns - Main St. Loop & Barnacle Way - 0817,000 3. Ordinance 704-01 - increasing Rev/Appns - Grant to Community Care Center - $82,000 4. Ordinance 705-81 - increasing Rev/Appns - Airport Terminal Renovations & Expansion - 02,000,000 S. Ordinance 706-81 - Increasing Rev/Appns - Gymnasium Construction - $800,000 6. Ordinance 707-81 - Amending KMC 6.05.120 - Creating Canvassing Board for Elections 7. Resolution 81-81 - indorsing Cook inl©t Native Assoc. Job Training Program S. Resolution 81-82 - Expressing Intent of Council to Acquire Additional Benefits After City Withdraws from Social Security 9. Resolution 81-83 - Authorizing City Admin. to Enter into a Contract with Burroughs Corp. for a Computer System 10. Resolution 81-94 - Awarding Contract to Kimco Inc. for Construction of Cement Burn Pit - $9,100 11. Resolution 81-85 - Awarding Contract to mire Control NW for Purchase of Air Compre000r system in Amount of 012,080 12. Resolution 81-66 - Awarding Contract to Piro Control NW for Purchase of Air Paks in Amount of $14,280 13. Resolution 81-87 - Awarding Construction - Lawtor►, Tinker, Walker, Rogers to Quality Asphalt 14. Resolution 81-88 - Awarding Construction - Main St. Loop ` Barnacle C, PERSONS PRESENT SCHEDULED TO BE HEARD 1, Clare Swan - Subsistanco Piahing D. MINUTES 1. Regular Meeting, August 19, 1981 2. Special Meeting, Auquat 26, 1981 9 E. CORRESPONDENCE 1. Alaska Dept.. of Admin. - Signatures for Municipal Grants F. OLD BUSINESS G. NEW BUSINESS *1. Bills to be paid, Bills to be Ratified *2. Requisitions Exceeding $1,000 3. Ordinance 708-81 - Accepting State Grant - Senior Citizen Community Center & Land - $1,000,000 4. Ordinance 709-81 - Increasing Rev/Appns - Candlelight & Linwood - $240,850 S. Ordinance 710--81 - Increasing Rev/Appns N. Dogwood, if. Lupine, Phillips - $360,850 6. Ordinance 711--01 - Amending KMC 22,05.045 - Adding New Subsection to Allow Sale of Leased Lands to Lessees Under Contractive Sale 7. Ordinance 712-81 - Increasing Rev/Appns - Remodeling of Fine Arts Bldg. - $35,000 (Public Hearing) S. Ordinance 713-81 - Increasing Rev/Appns - Donation to Cook Inlet Native Assoc. - Job Training Program - $25,000 9. Ordinance 714-81 - Increasing Rev/Appns - Library Expansion - $76,000 10. Ordinance 715-81 - Declaring Equipment & Materials Surplus *11. Sewage Treatment Plant Outfall - Brown Canst/ J.V. - Pay Est. $1 - $120,576 *12. Sewage Treatment Plant Expansion - Brown Const/J.V. - Pay Est. $14 - $182,594.48 *13. Sewage Const. Services - CH2M Hill - $25,800 *14. Lawton, Tinker, walker, Rogers - Mike Taurianen - $4,310 15. Ron Rice - Management/Inspection Proposal - City Gymnasium H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING, MINUTES SEPTEMBER 2, 1981 - 7s00 PM CITY ADMINISTRATION BUILDING PL::DGE OF ALLEGIANCE A. ROLL CALL Presents Vincent O'Reilly, Betty Glick, Jess Hall, Ron Ma -ton, Ray Measles, Dick Mueller Absents Tom Wagoner AGENDA APPROVAL 1. Mayor O'Reilly asked Finance Director Brown to explain the problem with Municipal Grants to the Council. Finance Director Brown said the original memo included in the packet cannot be used. The grant has not been received yet. Mayor O'Reilly said items B-1, B-2, B-3, B-4, B-5, B-13, B-14 will have to be postponed until Sept. 16, 1981, Res. 81-89 be added as item B-15. 2. Mayor O'Reilly asked that the SeaAi_r lease application be added as item F-1. 3. Mayor O'Reilly asked that the SouthCentral lease application be added as item G-16. Agenda was approved as changed. Mayor O'Reilly noted he has applied for political office and he will be willing to abstain from voting if Council has any sensitivity towards any action that he has in that regard. He didn't want anything to reflect on the City. Councilman Malston objected to the Consent Agenda. B. PUBLIC HEARINGS B-6 Ordinance 707-81 - Amending KMC 6.05.120 - Creating Canvassing Board for Elections 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-7 Resolution 81-81 - Endorsing Cook Inlet Native 'r Assoc. Job Training Program s MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the resolution. �There was no public comment. Councilwoman Glick said she will vote against it. The funds are being cut by the Federal Govt. because it is not producing as hoped. She objects to the City getting involved. Private businesses have training programs. ;a 4 KENAI CIT'! COUNCIL SEPTEMBER 2, I981 Page 2 Motion failed, with Mayor O'Reilly, Councilman Mueller voting y-as; Councilwoman Glick, Councilmen Hall, Malston, Measles voting no. B-8 Resolution 81-82 - Expressing Intent of Council to Acquire Additional Benefits After City withdraws from Social Security Mayor O'Reilly asked Council to note the memo from Atty. Delahay regarding the resolution. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to adopt the resolution. Public Comment: Ruby Coyle spoke. She asked, how is this going to be acquired? What are the plans? City Manager Brighton replied the reason this is on the agenda is because Council passed a resolution opting the employees out of Social Security, as of Jan. 1, 1982. This is not for additional benefits, but will be a transfer of benefits. Mrs. Coyle asked if the City will have their own retirement program? Mr. Brighton replied the City employees are under PERS now as well as Social Security. Other government agencies have voted out of Social Security. This resolution gives the employee the 6.6% that now goes to Social Security. the employer's share of 6.6% would go to another retirement program. Mrs. Coyle said she thinks they should stay in Social Security. Mr. Brighton said the employees have not had a chance to vote on whether they want out or not. The Council has voted the employees out unless the employees vote otherwise. Sgt. bonnie Kaler, Police Dept., spoke. He noted over 2 years ago they had asked the Council to exempt the Public Safety Dept. from Social Security. At that time it was granted. They were told later that all employees had to go out. They did not want to lose their benefits, but they thought another plan would _ be better. Mayor O'Reilly said the Council had to - take action to opt out of Social Security much in advance, with the understanding during the waiting f., period, theycould get the vote of the employees. Finance Director Brown said the City share is $125,000. r. fray Rogers, Street Dept., spoke. He noted the resolution says the City can use the money for additional benefits. Does that mean the City will? Atty. Delahay replied this is a "whereas" clause. This is just one of the things the City can do. Mr. Rogers said if this passes, the City employees will not have the choice if the City keeps the money in a bank someplace. Atty. Delahay replied the employees still have the vote. Mr. Rogers asked, will there be a meeting for all of -`� the employees as to what the money will be used for? Mayor O'Reilly replied, that is the intent. Lillian Hakkinen, Finance Dept., spoke. She is in favor of staying in Social Security. It irks her that the Council wrote a letter saying the employees wanted ' out of Social Security without asking the employees. r Only the Public Safety people knew about the request and resolution. She would like the rest of the employees to have a chance to vote. There should be no action tonight. (9-2-81) Mayor O'Reilly explained the first step was to notify Social Security that they wanted out. ± l KENAI CITY COUNCIL SEPT. 2, 1981 Page 3 The employees now hav-a a chance to vote whether want out or not. vie will have a meeting of al; then Council will take action. Mrs. Hakkinen re] they may take the vote of the employees. She as] if the Council could have a plan as good as SocL Security. Mayor O'Reilly said the Council is aw, there will be a difference in employee needs for Social Security. Mrs. Hakkinen said the Public ; people have a very good program. If the City caj show her where they can initiate a better system might be inclined to vote another way. Waldo Coyle spoke. He is on Social Security. He noted Social Security, along with many other programs of the New Deal kept us from having depressions. He y would think twice before abandoning this program. " Ile noted what this Council gives, another can take away, if they set up their own program. Volunteer retirement programs are not as successful, you have to be forced to pay into it. We are now in trouble with Social Security, Congress will have to rectify i it. He didn't think the City was big enough to make the same benefits as Social Security. It will cost them twice as much. Don't sell these people short j that have worked hard for the City all these years. Officer Charles Bailey, Police Dept., spoke. He said historically the employee's percentage has con- tinued to go up. The younger officers are planning on retiring at an earlier age. FICA is in trouble and will continue to be. He is not willing to gamble his share. He thinks the Finance Dept. can come up with something just as good as Social Security. Right now every employee has a chance to vote on withdrawing. He also noted a private retirement plan would be too expensive to consider. Ruby Coyle asked, do the employees plan to put their share in or just the City share? Mayor O'Reilly said both would cro into the plan. Attv. Delahay said the resolution says the City portion will go into the plan, the employee's share will give them more money, not go into the plan. City Manager Brighton said no two individuals will be affected the same way. Anyone who has paid into Social Security 10 years is vested, they will still receive Social Security, just at a reduced amount. If they drop out of Social Security, that does not mean they will not have benefits. Councilman Measles asked, at one time Social Security said if an employee opted out, they could not come back in at a later date. Is that true? Atty. Delahay replied yes, unless Congress changes the law. Councilwoman Glick said as the resolution stands, she will not support it. Some people have asked to opt out. They are not being forced to do this. If this is granted, they can take the employee portion and invest it any way they want to. She doesn't feel we should take the City portion and put it into additional plans. Our City employees get a pretty fair wage, in addition to receiving a fair amount of benefits. We pay Social Security, PERS, health insurance, comp. time (vacation, sick leave), Workmen's Comp. If you look at the extra benefits, on an average wage of $25,000 plus benefits amounts to an additional $9,000. If they want out, that is their prerogative. Council is the watchdog of public funds, we should not give it back to the employeec. Mayor O'Reilly said at KENAI CITY COUNCIL SEPT. 2, 1981 Page 4 this point we are talking about: $25,000 - base salary $ 9,250 - employee benefits $ 1,625 - employee share, at 6.6% Officer Bailey said the City formulates a package of costs to the employee. They are not asking the City to give them any more. than they get now. Mayor O'Reilly said if they follow the thought that it is a package, it the City decides not to continue their contri- bution of 6.6%, it is a cut in the benefit package. If this resolution fails, Council will be willing to listen to alternatives. Motion failed, with Mayor O'Reilly voting yes, Councilwoman Glick, Councilmen Hall, Malston, Measles, Mueller voting no. 8-9 Resolution 81-83 - Authorizing City Admin. to Enter into a Contract with Burroughs Corp. for a Computer System NOTION Councilman Malston moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. Councilman Mueller noted this computer is almost $18,000 more than Computer Palace offered, why? Finance Director Brown explained their software package is more widely in use, schools and training are more available, it has a larger staff available. Councilwoman Glick asked, how does it compare with IBM? Finance Director Brown replied, he did not open the bid because of technical problems, but they were close to this. He said he used IBM to establish a budget. when he reviewed, be found Burroughs offered a better package. Councilman Malston asked, is there as much growth as in IBM? Mr. Brown replied, about the same. Mayor O'Reilly asked, IBM is slightly nigher? Mr. Brown replied yes. Motion passed unanimously by roil call vote. 8-10 Resolution 81-84 - Awarding Contract to Kimco Inc. for Construction of Cement Burn Pit - $9,100 MOTION Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. B-11 Resolution 81-85 - Awarding Contract to Fire Control NW for Purchase of Air Compressor System in Amount of $12,080 MOTIONt Councilman Measles moved, seconded by Councilwoman Glick, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. 1 KENAI CITY COUNCIL SEPT. 2, 1981 Page 5 E B-12 Resolution 81-86 - Awarding Contract to Fire Control NW for Purchase of Air Paks in Amount - of $14,280 r MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. !«-;- Motion passed unanimously by roll call vote. B-15 Resolution 81-89 - Accepting Municipal Grants from -- - the State of Alaska MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. _ Motion passed unanimously by roll call vote. - J C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Clare Swan - Subsistence Fishing - Clare Swan, President of Kenaitze Indian Tribe, spoke. She wished to make a request from Council. She is _ making a proposal regarding subsistence fishing and would like to have a position paper from the Council. �rY it is just a collection of opinions. Councilwoman Glick said she doubted if this was within our -`�-- purview. She questions if the Council should be dealing with it. Council agreed. Mayor O'Reilly y: stated to Ms. Swan, this is not official City business, it is a matter of commerce. Ms. Swan said she would include that in her report. _ - _-- D. MINUTES D-1 Regular Meeting, Aug. 19, 1981 Councilman Mueller asked that page 15, lot motion, line 3 be changed to read, "as requested to attempt to resolve the problems." " o Councilwoman Glick asked that page 5, item C-2, 1st r paragraph, line 8, the words "an application" be added after "--witting." - -" Councilwoman Glick asked that page 3, let paragraph, line 23, the words "local, well -know firms," be deleted, and insert, "other local businesses as well as an internationally and nationally known consulting firm. Had he not proposed to use this nationally i known firm, Mr. Gintoli would not have been chosen just because he was a local businessman." tf Councilwoman Glick asked that page 17, 2nd paragraph, - line 29, the word "amended" be changed to "intended." Atty. Delahay agreed to the change. `..< Councilwoman Glick asked that page 4, after item B-11, the Mayor's Son -in -Law was also in attendance. i Minutes were approved as changed. - D-2 Special Meeting, August 26, 1981 4 ! c o i.. 1 KENAI CITY COUNCIL Sept. 2, 1981 Page 6 Councilwoman Glick asked that page 6, lot paragraph, line 8, the words "the facts" be added after the word "forth." Minutes were approved as changed. E. CORRESPONDENCE E-1 Alaska Dept. of Admin. - Signatures for Municipal Grants MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the letter for signature. Motion passed unanimously by roll call vote. F. OLD BUSINESS F-1 SeaAir Lease Application City Manager Brighton said Atty. Delahay, Mayor O'Reilly and he met with Robie Strickland, FAA, for clarification on the FAA standpoint. Mr. Faith, Mr. Strickland's boss, gave the City a 30 day ex- tension - not to make a determination as to whether or not we would, but just to do it. The FAA is going to commit its fiscal funding by Sept. 15, 1981. Mr. Faith had said he would give the City a 30 day extension on consideration the Council would take action as soon as possible. Mayor O'Reilly said in the 30 day period FAA would probably make allocation of the monies. He doesn't know if we would know what the allocation would be. Even at the expiration of the 30 days, we elected not to grant SeaAir their application, he gathered we would still be ruled by FAA to be 1n restraint and not eligible for additional funding. Any way it is argued, they "ld that right, regardless of our api:.ion, they can say we are not doing everything possible to allow additional lessees. Also, it is a matter of great principle with many of us, but the other principle starts to take effect. We have made the strongest fight we can make and are facing defeat of back money and forward money. Whose money are we playing with? He also wanted to thank Mr. C.J. Zane, Asst. to Rep. Young, he has been extremely helpful in a difficult meeting -,with FAA. City Manager Brighton said we had to show FAA we have done this before the 15th. They also know if they gave the funds to a City that cannot use them, they will lose the funds and give them to another community. After the Tuesday meeting, he felt he should come back to Council and ask them to give the space to SeaAir. There appears to be an alternative. Mr. Thomas has Dollar -Rent-A-Car, and !,as talked to SeaAir. He will be willing to share his counter. It appears to him to be simpler, clearer cut and more to the point for them to have their own counter. Regardless of the outcome, any decision will make people mad. The most important thing to remember is the Council is the agent for the taxpayers'money. It would be a tragedy for them to eliminate themselves from that money. Mayor O'Reilly said there are 3 alternatives: KENAI CITY COUNCIL Sept. 2, 1991 Page 7 1. Lease 40.5 sq. ft. in front of the Concorde. 2. Lease from Dollar -Rent-A-Car. 3. Do nothing. Mayor O'Reilly added they asked FAA if they would welcome a friendly hearing, they were not receptive. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to grant to SeaAir utilization of 40.5 sq. ft. to construct and operate and enter into a lease agreement for the amount of space. Councilman Measles asked, could we cancel the lease on Sept. 15 if they decide not to give us the money? Mayor O'Reilly said FAA could fund the crash truck and not the snow blower. what is the cost of the crash truck? Airport Manager Swalley replied, $250,000. Vice Mayor Glick took the chair. MOTION, Amendment: Mayor O'Reilly moved, seconded by Councilman Measles, that we ask for an inquiry made jointly by the City and Congressional officers into the exercise of regulatory powers as regards the airport terminal. Mayor O'Reilly explained, the point is now is not to put the City into the position of fighting with FAA but this is not going to go away. we should try to establish a joint policy with FAA so we know where we stand in the future. FAA would also welcome an inquiry. Vice Mayor Glick asked if they should be considered as two separate items. Atty. Delahay replied, they are separate unless Mayor O'Reilly wishes the grant to depend on the inquiry. WITHDRAWAL OF AMEN0093NT: Mayor O'Reilly, with consent of second, withdrew his amendment. Motion passed, with Councilman Measles voting no. MOTION: Mayor O'Reilly moved, seconded by Councilman Measles, that we ask for a joint inquiry by the City and Congressional offices into excesses of regulatory powers by FAA as pertaining to airport terminal and any other airport matters. Motion passed unanimously by roll call vote. Mayor O'Reilly resumed the chair. C.J. Zane, Asst. to Rep. Young, spoke. His offices will be happy to investigate. He noted they are already investigating and will be happy to assist. He noted Mr. Faith made an effort to give 30 days, he will appreciate the additional effort. Mayor O'Reilly asked City Manager Brighton to start negotiations as soon as possible. G. NEW BUSINESS G-1 Bills to be Paid, Billo to be Ratified KENAI CITY COUNCIL Sept. 2, 1981 Page 8 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the billings as submitted. :motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the requisitions as submitted. Motion passed unanimously by roll call vote. G-3 Ordinance 708-81 - Accepting State Grant - Senior Citizen Community Center & Land - $1,000,000 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Malston noted the title said Senior Citizen Community Center. How did "Communityn get in there? It should be Senior Citizen Center. Mayor O'Reilly replied that was the wishes of Council. Motion passed by unanimous consent. G-4 Ordinance 709-81 - Increasing Rev/Appns - Candle- light & Linwood - $240,850 MOTIONS Councilman 14alston moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed by unanimous consent. G-5 Ordinance 710-81 - Increasing Rev/Appns - N. Dogwood, N. Lupine, Phillips - $360,850 MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. G-6 Ordinance 711-81 - Amending KMC 22.05.045 - Adding New Subsection to Allow Sale of Leased Lands to Lessees Under Contractive Sale MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. Mayor O'Reilly asked if this had been discussed with interested parties and banks. Atty. Delahay replied, not banks. But it was discussed with Morgan & Swearinc)an attorney and he accepted it. Mayor O'Reilly requested Mministration and Atty. Delahay review this with the banks. Council agreed to the request. 9 J a - K _s ._ KENAI CITY COUNCIL Sept. 2, 1981 Page 9 Motion passed unanimously by roll call vote. G-7 Ordinance 712-81 - Increasing Rev/Appns - Remodel- ing of Fine Arts Bldg. - 035,000 (Public Hearing) MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Mueller said he thought there is a little bit of fat and frills in this. He would hate to see Council get into the habit of spending money for frills. Notion passed by unanimous consent. NOTION, 2nd Readings Councilman Measles moved, seconded by Councilwoman Glick, to have the 2nd reading this date (9-2-81). Motion passed unanimously by roll call vote. NOTION, Adopts Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. Public Hearings Ruby Coyle spoke. She had no objection to fine arts, but she thought we are bending over a little bit to do special favors for groups with taxpayer's money. Unless they are paying lease money, this is an inappropriate amount. City Manager Brighton said they pay $1 per year. Mrs. Coyle said any other special interest group could ask the City for money and holler special interest if the City does not give it to them. She thought the City is setting a precedent. Councilman Malston said he thought the Fine Arts group was paying utilities. He added this building is City -"wad and has had nothing done to it in quite a few years, except roofing. If the City is going to keep the building, they should maintain it. Some items are frills, but basically it is for maintenance. Mrs. Coyle replied she is not against maintenance, but for $1 per year for a special interest group, that is wrong. They should pay a token rent, enough to pay for maintenance. Councilwoman Glick said at the last meeting there was a question if $35,000 was enough. There is a bonded, licensed contractor that can do this. He is active in the center. Motion passed unanimously by roll call vote. G-8 ordinance 713-81 - Increasing Rev/Appns - Donation to Cook Inlet Native Assoc. - Job Training Program - $25,500 Chris Lambert, CETA Program, spoke. She said there was some misinformation she would like to clear up. The Federal budget cuts are only in long term public service employment, not in youth job training and adult training. The Kenai programs were going to be closed by Anchorage, not by the federal govt. Also, businesses do not have adequate training programs. Resolution 81-81 endorses their efforts. It does not allocate alternative funding, it merely endorses their efforts. This ordinance does designate KENAI CITY COUNCIL Sept. 2, 1981 Page 10 funding. SB 168 says some money should be used for rublic services. The Borough Assembly endorses the efforts of CINA and urges the State to provide adequate funds. What this does is the Kenai area receives a portion of $5 Million, it is not given to other cities. MOTION-. Councilman Mueller moved, seconded by Councilman Hall, to introduce the ordinance. Councilman Mueller noted this is an appropriation from the fund balance. What is the balance now? Finance Director Brown replied approximately $1,200,000. Motion failed, with Mayor O'Reilly, Councilmen Hall, Mueller voting yes; Councilwoman Glick, Councilmen Malston, Measles voting no. G-9 Ordinance 714-81 - Increasing Rev/Appns - Library Expansion - $76,000 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed, with Councilman Mueller voting no. G-10 Ordinance 715-81 - Declaring Equipment & Materials Surplus MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Councilman Malston asked why a 1978 Courier Pickup is being surplused. Engineer La -Shot replied that is the one that was stolen and driven into the inlet. Motion passed by unanimous consent. G-11 Sewage Treatment Plant Outfall - Brown Const./J.V. Pay Est. #1 - $120,576 MOTIONS • Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-12 Sewage Treatment Plant Expansion - Brown Const./ J.V. - Pay Est. #14 - $192,594.48 MOTION; Councilman Measles moved, seconded by Councilman Mueller, to approve the billing. Motion passed unanimously by roll call vote. G-13 Sewage Const. Services - CH2M Hill - $25,800 9 KENAI CITY COUNCIL Sept. 2, 1981 Page 11 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-14 Lawton, Tinker, Walker, Rogers - Mike Taurianen - $4,310 MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Notion passed unanimously by roll call vote. G-15 Ron Rice - Management/Inspection Proposal - City Gymnasium Recreation Director McGillivray asked that this item be removed from the agenda. It has not gone to the Recreation Committee. They would like to ask for proposals from all engineering firms. Council agreed to the postponement. Mayor O'Reilly asked Mr. McGillivray to work with Administration to get this to the Recreation Comm. G-16 SouthCentral Lease Application City Manager Brighton explained Council does not have to take action, but he thought Administration should not tell SeaAir their lease was not decided and approve this. This space would not be compatible with SeaAir. SouthCentral has requested to lease. Now that SeaAir has been settled, we can settle with SouthCentral. Council agreed to have administration go ahead in the customary :canner with the lease application. IMMEDIATE RECONSIDERATION, a-7, Resolution 81-81 - Endorsing Cook Inlet Native Assoc. Job Training Program Councilman Malston uvjved, seconded by Councilman Measles, for immediate reconsideration of Resolution 81-81. Councilman Malston said he thought the program they are doing is good. He does not feel the City has any business funding this program, but he thinks our support is important. Councilwoman Glick noted some of her remarks were countered, but she is still against federally funded programs of this kind. Notion passed, with Councilwoman Glick voting no. IMMEDIATE RECONSIDERATION, G-8, Ordinance 713-81 - Increas- ing Rev/Appns - Donation to Cook Inlet Native Assoc. - Job Training Program - $25,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, for immediate reconsideration of Ordinance 713-81. KENAI CITY COUNCIL Sept. 2, 1981 Page 12 Motion passed unanimously by roll call vote. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Vice Mayor Glick took the chair. Mayor. O'Reilly asked Chris Lambert, the City makes a donation of $25,000 to CINA. What do they do with the money? Ms. Lambert replied, if the Council desires, they can allocate to participant wages and fringes, but CINA would like to pool with donations from other communities so they would not have to do separate reports. if is was pooled, 75% of total would go to residents of the area. CINA would provide reports. Preference would be made to City preferences. Council- man Malston asked, have any other communities made such a donation? Ms. Lambert replied: 1. Soldotna - $15 400 2. Tyonek - $7,680 3. Seldovia - Not known, but a small donation lMayor O'Reilly resumed the chair. VOTES Motion failed, with Mayor O'Reilly, Councilmen Hall, Mueller voting yes; Councilwoman Glick, Malston, Measles voting no. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. He said Recreation Director McGillivray asked to make a request. Mr. McGillivray said the bids are out on the gym. They are to be opened Sept. 14. The Recreation Committee will review Sept. 15 and come to Council Sept. 16. He would like to have a Council work session before the regular meeting of Sept. 16, 1981, at 600 PM. Council agreed to the meeting. Clerk Whelan was asked to notify Council and media. 2. Mr. Brighton noted the memo from Airport Manager Swalley asking Council to enter into a contract with Carmen Gintoli for airport terminal renovation. Pay- ment would be upon receipt of $2 Million. Mr. Swalley has spoken to Mr. Gintoli and he is agreeable. it is a manner we can speed up renovation. If we don't start post haste, it will be this time next year before we get started. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to direct Administration to enter into a contract with Carmen Gintoli for design services on renovation project of the airport terminal. Finance Director Brown asked, is this any different than other mattern in awarding contracts without money in hand? 11 .w KENAI CITY COUNCIL Sept. 2, 1981 Page 13 City Manager Brighton replied, it will be condit: on our receiving the money. If we doj.�'t, he has the work without any money. Motion passed unanimously by roll call vote, 3. He had a talk with Petersburg Manager/Clerk regarding a park for cannery workers. He has bee out of town, but he will discuss it further when he returns. 4. He had a directive to talk to a jadge about alternative to sentencing, to do litVar Fick -up, Dept. of Law, Anchorage representatite, is short in those kinrl of people, but expect!, some and wil provide us with people when available. 5. He had a meeting with Fire Chief Winston thi date (9-2-81). Police Chief Ross is on a committ on the 911 emergency system, The City has stated would go along because it would benefit others on the Peninsula. At that time we thought it would cost us money. It appears now the amount is only enough to equip the center. They have no money f maintenance and labor. Chief Ross will propose a; alternative. $380,000 will be needed. He sugges we wait till the report is made before we appropr, any money. Fire Chief Winston explained the only thing Kenai has to gain from the service is the 9: answering service. Other than that, we already p� the other services. Mr. Brighton added the origii intent was to locate in the new State building, of Of the suggestions was Kenai could accommodate thi We do not have the space, but we should look at the alternatives first. Councilwoman Glick asked if Mr. Brighton brought up the Senior Citi2sns property problem at the FAA meeting. Mr. Brighton replied, no, he thought it wiser to do the other first. He will follow up. Councilwoman Glick asked, have we finalized the land purchase of City Hall? Mr. Brighton replied yes. Councilwoman Glick asked, how about the parking lot on City Hall? 24r. Brighton replied not yet, nor for the Recreation Center. Councilwoman Glick said, during the budget session they discussed hiring an extra person. We agreed not to, but we should continue to review. We have heard Mr. Brighton say they need additional help in the office, as has Atty. Delahay, and the Clerk has said she has accumulated more overtime than she is allowed to use. Recreation Committeeman Swearingen has said they take their minutes but cannot get a good secretary. In addition, we will have an addit- ional work load with the State donations. The Borough has justified 4 additional people for the extra money from the State. If we had an additional secretary, he could take minutes for commissions. He could free Jan Taylor to give the extra time needed for additional paper work. This would put all commissions on the same level on City participation. The lowest range we can go is 3-A, $15,000 starting salary. That is higher than she would want. Could we establish a lower range? Mr. Brighton replied the Council can amend the ordinance. But if we are talk- ing about a secretary that can take shorthand or speed writing, to reduce the salary would not give us an individual who could do the job. He suggested if he does all but Council meetings, we should not KENAI CITY COUNCIL Sept. 2, 1981 Page 14 lower the range. It will be good for meetings and t to relieve the work load. MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to direct Administration to hire a secretary to be under the direction of the City Manager for the purpose of attending, taking minutes of Recreation, Planning & Zoning, Harbor Commission, and other jobs the City Manager deems necessary. Range 3-A will be starting salary. Councilman Malston suggested we hire a temporary to get us over the crunch of additional funds from the State. Councilwoman Glick said it would be her in- tention to make it permanent, We are anticipating funding for the next 2 years. Councilman Malston said we don't know if we will get funds next year. He hesitates to hire full-time help and keep him forever. City Manager Brighton noted he didn't think any of us working for the City can be con- sidered permanent. If at any time the need passes, the person will be laid off. The difference between a temporary and permanent is a temporary does not get benefits. Finance Director Brown noted over 15 hours per week, they get benefits. A full time person on a temporary basis does not save us any money. Mayor O'Reilly asked, do we pay extra for extra work by employees? Mr. Brighton replied no. He added we always have someone taking time off on comp time because of meetings. _;-- MOTION, Amendment: Councilman Malston moved, seconded by Councilwoman Glick, to change it to a temporary employee as opposed to full time. City Y.anager Brighton asked, less than a 40 hour week? Councilman Malston replied, 40 hours if that _ is needed. Finance Director Brown said if you direct Administration to prepare an ordinance to fund, whether you call him temporary or full time is irrelevant. What will make the difference is how long you make the position for. Vice Mayor Glick took the chair. MOTION, 2nd Amendment: Mayor O'Reilly moved to hire 2 firemen. Motion died for lack of a second. Mayor O'Reilly resumed the chair. Mayor O'Reilly explained safety is a priority. A secretary is needed, but this has been asked for i' for many years now. VOTE, Amendments Motion failed, with Councilwoman Glick, Councilmen � +l Hall, Malston voting yes; Mayor O'Reilly, Councilmen r i Measles, Mueller voting no. Councilwoman Glick said if anyone is at City Ball, the girls are busy and we do need someone to do the minutes. City Manager Brighton noted, in the last _ 2 years, if you will ask Finance Director Brown, L _- XZUAI CITY COUNCIL Sept, 2, 1991 Page 15 they are handling times as many two times as much money, five The work load projects, Public Works has increased, has increased withou� Power. Also the lease land additional man - defeated was given to Person Proposed and has a great deal of Personnel, Also the Attorney ad and real estate did not have work involving leases do all the before, dWe cannot o the People would like done, We should stay is to beco financial condition we are now. Council commended fir it. Justtake a look at the additional work last 2 years, the same people have taken on in the we can only assume so much additional work, We are talking in terms of minute fi total amount of money spent, guries in the VOTES Motion passed, with Councilwoman cjic!; Hall, Measles, Mueller votingy� Councilmen Councilman Malston voting nYes. Mayor O'Reilly, H-2 City Attorney Atty, Delahay spoke, Because of the failure of Resolution 81-82 Social Security, regarding Administration has no direction. Manager Brighton said it was his intention to send out e ballots with an explanation and give e, I n opportunity to vote, 'RP oyes: an MOTIONS MalstOn, to Glick moved, seconded by Councilman . to direct Administration to prepare a resolution encompassing #B-1 of Atty. Delahay's memo (page 3), In addition, when the vote is taken, they direct Administration to conduct a secret vote, AttJ, L-q - do anything yisaiththis is a Positive motion to not secret ballot would be sent torthe person said the addressed envelope. Councilwoman Glickosaid tif wh a Qelf- had the vote in the Chambers, all those not here could vote by absentee, so each employee gets a chance to vote, Councilman Malson asked, did he intend to have a meeting of all employees for uestiprior to the vote? Mr. Brighton replied wenJustahaderg a meeting with the Social Security representative, requested by Social Security to answer questions. At I his point, the intent of the resolution was so employees could know what Council intends try do with the money. He thought they needed the information because it would have a bearing on their vote, MOTION, Withdrawals Cerciountionlwoman Glick, with consent of second, withdrew hmo, f _ _ MEMJAI CITY r.0(JMJCIL Sept. 2, 1941 Page 16 IMMEDIATE RECONSIDERATION, Item B-8, Resolution 81-82 - Expressing Intent of Council to Acquire Additional Benefits After City Withdraws from Social Security Councilwoman Glick moved, seconded by Councilman Malston, for immediate reconsideration of P.eselutien 81-82. Notion passed unanimously by roll call vote. Councilwoman Glick moved, seconded by Councilman Malston, te, adopt Resolution 81-92 as amended to encompass item 8-1 of Atty. Delahay's remo dated Aug. 28, 1981, page 3. City Manager Brighton said with passage of that resolution and a positive vote of the employees, there would be a 6.5t reduction in employee salaries. Councilman Malston replied, not in salary, in benefits. Mr. Brighton said that is all part of the pay package. Councilwoman Glick said it is a reduction to the employee, but they will no longer make a contribution so their paycheck is iricreaoed. They now have additional money to do as they please. She felt the City employees recieve good fringe benefits. This will not make that much difference. Councilman Hall asked, have the employees expressed their intent to contribute to any kind of plan? He got the impression they did not intend to contribute. They would now have the option to contribute or not. Mr. Brighton agreed. Mayor O'Reilly asked Councilman Measles, what is industry typical wage and benefit package? Councilman Measles replied, it runs pretty close to the City. In industry you do not have the option of opting out of Social Security, if they have an election and the majority opt out, but a few older employees will get hurt, is there a possibility that one Person can file suit? Atty. Delahay replied anyone can file suit, but whether they will win is a question. It does not have to be a unanimous vote, but it should be more than a bare majority before you opt out. Mayor O'Reilly asked, would this have a tendency to influence the vote if the employees lost 6.5V Mr. Brighton replied, that is why he wanted the employees to know the way Council would go. Recreation Director McGillivray spoke. His concern is to have something there for people of retirement age. As to what will happen between now and retirement, that is unknown. What does concern him is we have nothing but PERS. If the employees wanted to contribute, would Council consider? Councilwoman Glick replied, that is what Council voted down. Councilman Measles said in the original resolution the employees wanted the City to put in the City share, but would not con- tribute. They have been advised by an outside party to put their share into a retirement program. Council- woman Glick said if we are going to do that, we might as well stay with Social Security. Councilman Malston asked, if the employee is under PERS, and opts out of Social Security, if they leave the City and go to another job without Social Security, what happens then? What would they get out of PERS? Atty. Delahay replied, if less than 5 years, they would just get their money back. , KENAI CITY. COUNCIL Soot. 2, 1981 Page 17 Vms notion passed, with Mayor O'Reilly, Councilmen Ralston, Measles, dueller voting yes; Councilwoman Glick, Councilman Hall voting no. H-3 mayor mayor O'Reilly spoke. 1. He noted the Dow/tihell report on the meeting. He also asked Council to review 'thus letter to be signed by the Mayors. 2, He will be in Juneau for the Dow/Shell report of Sept. 9, 1991. He will be on the Shell special plane from Juneau to Kenai and will pay accordingly, so there is no e-vidence of influencing. 9-4 City Clerk Clerk Whelan spoke. 1, She would like to take vacation from Sept. 21, 1981 to Oct, 2, 1981. This will not conflict with Council meetings, the election of Oct. 6, or the Open House scheduled for out, 4. Council agreed to the request. 2. Petitions for the 2 available Council seats must be returned by Sept, 4, 1981. 3, She asked Council to review the memo from AlaskA Dept, of Environssental Conoervation rcegar41ng Mobile Food. vendors. 4. Thanks to the help of the CETA employee, the ordinances have been cross-referenced in their entirety. There are over 700 of them, H-3 Finance Director Finance Director Brown spoke. The resolutions and ordinances relating to municipal Aid were pulled, Administration should zit down with Council and say what they want to do. Engineer LaShot reviewed ties. 81-87, He said Public Works Director Kornelis recommended Basic Bid and alternate #1. Council agreed to the recommendation. w ; 4A &t IV /' raa * 2. Engineer LaShot reviewed ties. 81-88. He said Mr. Kornelis recommended Basic Bid and schedules A through D. Council agreed to Basic Bid and schedules A through G, without Additive Alternate 1, Finance Director Brown said based on Mr. Kornelis' recommendation, we are $69,000 over. with 2 projects approved, we have u9nd up all available £undo, Council agreed to discuss thin at the work session scheduled for Sept. 16, 1981 at 600. KENAT CITY CODUCIL Sept, 2, 1981 page 18 H-6 planning & Zoning Councilwoman Glick spoke, There was no meeting, A request hao been made that they would like a letter from the City that they have no objection to a re -hearing on take St, The; Borough planning L Zoning amova , the City planning L Zoning reviewed, The vacation was denied with council concurrence, The client was out of t"41), Jan Taylor told the client's attorney, who notified the client. The client claimed he had not been notified, He objected to the decision, M TIOUs Councilwoman Glick moved, seconded by Councilman Meanies, to direct the Administration to send a letter to the Borough that they have no objection to the hearing process based on the fact that the individual has additional information to present to the Borough. Mayor O'Reilly asked, when he gets his hearing at the Borough, will he come to the City? Council- woman Glick replied, if it comes up prior to coming to the City, she will request postponement on the Borough level. Motion passed unanimously by roll call vote, K-7 Harbor Commission Admin. Coord, Davis spoke, 1, The Commission reviewed the set net situation, the cedimentation study and the port facilities study. There were 2 motions wades one to Planning t Zoning to pass on the Royal pacific Fisheries preliminary plat acid one to pursue the Admin. Support Grant through the Borough and Coastal Zane Management. The next meeting will be Sept. 8, 1981, Mayor O'Reilly noted there was some discussion re- garding acconnedations for the cannery workers, Mr. Davis said there will be some calls and letters written to other communities, Mayor O'Reilly suggested the Commission work with City Manager. Brighton. Councilwoman Glick asked, what did they do with the sedimentation study? Mr. Bavio replied, there was no decision made, Mayor O'Reilly asked, about the letter can support of the grant for Admin, Support, Xr, Davis replie9 the money is available through fiocal year 1982, councilwoman Glick said the Borough is about to sign an agreement with Kramer, Chin & Mayo, it is only to finish CZM plan and present it at public hearing, subject to Borough approval, no action was taken by Council. KENAI CITY COU=IL Sept. 2, 198L Page 19 I- PEROW PROUNT NOT SCHEDULED T6 BE iiEARD 1, W81do Coyle spoke, Regarding hiring permanent People they eanwit get rid of, Council shot rid of one very valuable person. Also, regarding social Security, If the social Security folds up, the U.S, will fold up, Any Political Party getting rid of it would be out in - the rain, Also, he had occasion to use the Public rest room in the airport, It is a disgrace. Either close the bar or eliminate the vandals. Councilman Moseley $aid not only the rest rooms, but, the halls. He feels the -i lessee ,should be held responsible. He asked Atty. Delahay to review, Atty. Delahay said once they are signed, the lessee is not responsible, He would R° suggest it be considered at renewal. Councilman Malstoin suggested Administration discuss it with the bar owners. Carmen Gintoli s®oke, Regarding the airport rest rOOMS, is it possible in renovation to amend the lease that bar owners are responsible? Mayor O'Reilly noted that will be some time away, Councilman Hall Bald the root room facility should be created for the bar and that should be their responsibility, j Councilman MAloton spoke regarding Frontage PA,, in front of the elementary school. The buses park facing the school, parking is also there, there is no room for cars to Pace. There is danger of kids running out and getting hurt, He told dispatch about it to -- ask the police to check. Recreation Director McGillivray said he will try to hAvo ftflures - since the racquetball court opened, they run about $180 per day, He anticipates an increase. ADJOUF4 MEtfT 0 Meeting adjourned at Uszo AM. Wlan, City C erk fib}^ KENAI CITY COUNCIL - REGULAR MEETING PARTIAL TRANSLATION �vJ �4kw H-6 Planning 6 Zoning Report Councilwoman Glick spoke. 1. There was no meeting. A request has been made that they would like a letter from the City that they have no objection to a re -hearing on Lake St. The Borough Planning 6 Zoning approved, the City Planning & Zoning reviewed. The vacation was denied with Council concurrence. The client was out of town, Jan Taylor told the client's attorney, who notified the client. The client claimed he had not been notified. He objected to the decision. MOTIO'd s Councilwoman Glick moved, seconded by Councilman Measles, to direct the Administration to send a letter to the Borough that they have no objection to the hearing process based on the fact that the individual has additional information to present to the Borough. Mayor O'Reilly asked, when he gets his hearing at the Borough, will he come to the City? Council- woman Glick replied, if it comes up prior to coming - to the City, she will request postponement on the Borough level. Motion passed unanimously by roll call vote. V/1, J rat Whelan, City Cleric