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Home My WebLink About1981-10-07 Council Minutes. • . AGENDA KENAI CITY COUNCIL -• REGULAR MEETINr OCTOBER 7, 1981 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All 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 711-81 - Amending KMC 22.05.045 - Allow Sale of Leased Lands to Lessees under Contract of Sale 2. Ordinance 714-81 - Increasing Rev/Appns - Library Expansion - $76,000 3. Ordinance 716-81 - Amending XMC 5.25.010 - Mobile Food Vending Unit 4. Ordinance 717-81 - Increasing Rev/Appns - Hiring Dept. Asst. I in City Manager Dept. $17,739 5. Resolution 81-98 - Transfer of Funds - STP Expansion Project - CH2M Hill Contract Amendment #3 - $45,600 6. Resolution 81-99 - Transfer of Funds - Installation of Underground Electrical Lines Along Frontage Rd - $39,300 7. Resolution 81-100 - Accepting Grant of $34,013 from State of Alaska DEC for Water and Sewer Improvements on Walker Lane S. Resolution 81-101 - Accepting Grant of $173,250 from State of Alaska DEC for Water and Sewer Improvements on Main Street 9. Resolution 81-102 - Amending List of Projects to be Financed With 1981 Municipal Aid C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Carmen Gintoli - Program for Airport Terminal Renovation Expansio" D. MINUTES *1. Swacial Meeting, September 28, 1981 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS *1. *2. *3. *4. *5. *6. *7. *8. *9. 10. 11. 12. Bills to be Paid, Bills to be Ratified Requisitions Exceeding $1,000 Ordinance 720-81 - Amending KMC 1.56 to Authorize Librarian to Establish Rules and Regulations for Conduct of Library, etc. Ordinance 721-81 - Increasing Rev/Appns - for Equipment, Reconstruction and installation of Fencing at Airport Ordinance 722-81 - Increasing Rev/Appns - Kenai Borough Senior Citizen Grant - for Driver, Cook's Assistant and Additional Operating Supplies - $15,030 Ordinance 723-81 - Increasing Rev/Appns - To Purchase Tract of Land on Frontage Road for Right of Way - $12,120 Ordinance 724-81 - Increasing Rev/Appns - "Community Services Program" - $9,696 Ordinance 725-81 - Increasing Rev/Appns - Section 36 Water and Sewer Drainage - $151,000 Ordinance 726-81 - Rescinding Ordinance 694-81 and Increasing Rev/Appns by $165,217 for Financing of Kenai Senior Program Brown & Associates - Kenai Sewer Treatment Plant Expansion - Per Pay Est #15 - $100,842.31 OMNI North - City Administration Building - Final Pay Estimate - $52,099 CH2M Hill - STP Expansion/Outfall/Interceptor - Request for Amendment No. 3 - Increase in On -Site Inspection Costs - $45,600 CH2M Hill - Sewerage Projects Construction Services - $26,700 TAM Construction - Central Kenai Sewer Interceptor - Change Order #4 - 59,229.08 Superstructures, Inc. - Kenai Small Equipment Warehouse Per Pay Est. #2 - $9,000 Brown Construction - STP Plant Expansion - Change Order #3 - $2,108.08 Doyle Construction - North Kenai Water & Sewer (Sec. 36) Pay Est. #6 - $181,362.36 Wince, Corthell, Bryson - Engineering Management Inspection - N. Dogwood, N. Lupine, N. Phillips - $35,200 - Linwood, Candlelight - $31,200 H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 'V 1 1-� 1 , I �I gal �` iI i �. r1 1. ' I� 1, 1 9 KENAI CITY COUNCIL - REGULAR MEETING, MINUTES OCT. 7, 1981 - 7:00 PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'RELLLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ron Malston, Ray Measles, Dick Mueller, Tom Wagoner, Vincent O'Reilly, Betty Glick Absents Jess Hall (excused) Mayor O'Reilly noted Councilman Hall was having heart surgery in Spokane, WA and asked Clerk Whelan to send flowers after the surgery. Mayor O'Reilly noted newly elected Councilman John Wise was in attendance. AGENDA APPROVAL Agenda was approved as submitted. B. PUBLIC HEARINGS B-1 Ordinance 711-81 - Amending KMC 22.05.045 - Allow Sale of Leased Lands to Lessees under Contract of Sale MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Councilman Malston noted the word "renegotiation" was misspelled 2 times on the lot page. Councilwoman Glick asked that page 3, lot line, the word "under" after the word "sale" be deleted. Atty. Delahay replied he intended it to be there, but the Council could change it if they wished. City Manager Brighton suggested the word be changed to "by*" MOTION,Amendments Councilwoman Glick moved, seconded by Councilman Wagoner, to amend the lst sentence, page 3, #5, to change the word "under" to "by" between the words "sale" and "contract." Atty. Delahay noted the latest amendment has not been approved by FAA, if we had not heard by the next meeting, someone on Council can move to amend. City Manager said they have had it about 10 days. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. B-2 Ordinance 714-81 - Increasing Rev/Appns - Library Expansion - $76,000 MOTION: Councilman Measles moved, seconded by Councilman Malston, to adapt the ordinance. � I KENAI CITY COUNCIL OCT 7, 1981 Page 2 There was no public comment. City Manager Brighton said Public works Director Kornelis has talked to CEIP that perhaps we could get a grant for this purpose. Mr. Kornelis said they had $900,000, it should be increased to over $1 Million. That will be the end.The man in charge said he would be getting letters out. The tentative deadline is about the middle of Jan., funds should be available ir. March or April. Councilman Malston asked, would that delay the engineering part till the money was available? Mr. Kornelis replied yes. Councilman Malston asked if we could use these funds and repay? Mr. Kornelis replied no. Councilman Malston noted we wanted to get this done so we could go to the Legislature for funds. If we wait it will delay it another year. Mr. Kornelis suggested it could be done as the airport renovation was, schematics - not full design work. Councilman Wagoner noted Councilman Malston had made the motion that the library would not exceed $1 Million. Any more than that would require a vote of the people. He cannot see an architect designing a building twice the size of the library for $76,000 and then ask the Legislature for an addition twice the size of the library. It should be designed with additive alter- nates added up to $1 Million. This would be overdesign- ing of the facility to $1 Million and the City cannot build it. Mr. Brighton explained his whole point was to have time to get the money from CEIP. It would not be responsible to use City funds if we can get them from other sources. He added he didn't think it would delay the project for a year. Councilman Malston said the idea of his motion was to get something going. If we can get CEIP funds, let's get going. Councilman Wagoner suggested doing in 2 phases, the schematics first, then do the rest of the architectural work. Finance Director Brown said if yo11 incur a liability of engineering using these monies, you cannot ask for reimbursement. But we could appropriate the money and not sign the contract. Councilman Malston said it could go back to Capital Improvements if not used. MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Wagoner, to amend to change the amount of money from $76,000 to $5,000, the $1,000 figure to $500, and the $75,000 figure to $4,500; and change the 1st "WHEREAS" sentence to read, "WHEREAS, the City desires to proceed with the preparation of preliminary schematics of a proposed--". Councilman Wagoner asked if the architect had been picked. We might be putting the cart before the horse. We may not be able to do it for $5,000. Councilwoman Glick said Librarian DeForest has had a meeting, they did have a project of considerable size, but she should be able to work with anyone that is appointed. Librarian DeForest agreed. City Manager Brighton said the question has not been re- solved as to who will be the architect or who will make the selection, the Library Board or Administration. Councilwoman Glick suggested Public Works Director Kornelis place an ad and have Mr. Kornelis and the Library Board make the decision. Council agreed to the suggestion. ssr•. • - :- KENAI CITY COUNCIL OCT. 7, 1981 Page 3 VOTE, Amendments Motion passed, with Councilman Malston voting no. VOTE, Main motion as Amended: Motion passed unanimously by roll call vote. B-3 Ordinance 716-81 - Amending KMC 5.25.010 - Mobile Food Vending Unit MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-4 Ordinance 717-81 - Increasing Rev/Appns - Hiring Dept. Asst. I in City Manager Dept. - $17,739 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed, with Councilmen Measles, Mueller, Mayor O'Reilly, Councilwoman Glick voting yes; Councilmen Malston, wagoner voting no. Councilman wagoner asked if the $17,000 was the annual salary. City Manager Brighton replied yes, it will be pro -rated for the rest of the year. B-5 Resolution 81-96 - Transfer of Funds - STP Expansion Project - CH2M Hill Contract Amendment #3 - $45,600 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilman Measles asked if the this could be post- poned and be discussed with item G-12, CH2M Hill bill. _'ouncil agreed to the action. B-6 Resolution 81-99 - Transfer of Funds - Installation of Underground Electrical Lines Along Frontage Rd. - $39,300 MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Councilman Malston asked for an explanation. He thought we had appropriated this already. Finance Director Brown explained Council had said we could use gen- eral funds, it turns out we can use project funds. This is the balance of the contingency, it should cover the rest of the cost. Public Works Director Kornelis noted we are not taking out of Capital Improvement Budget. 7,1 KENAI CITY COU14CIL OCT. 7, 1981 Page 4 B-7 Resolution 81-100 - Accepting Grant of $34,013 from State of Alaska DEC for Water & Sewer Improvements on Walker Lane MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. B-8 Resolution 81-101 - Accepting Grant of $173,250 from State of Alaska DEC for Water & Sewer Improvements on Main Street MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. B-9 Resolution 81-102 - Amending List of Projects to be Financed with 1981 Municipal Aid MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Carmen Gintoli - Program for Airport Terminal Renovation Expansion Mr. Gintoli explained the State has not signed the contract yet, so he has no money. He hopes to re- novate at a slow time of year. They have met with airport users. From their discussions, he has come up with space requirements. But if he uses industry standards to meet needs, they are 3000 sq. ft. over what they anticipated they would need. The rough cost estimate is $1.8 Million, but the consultant feels that is too close. Alaska Airlines does not know when they will move to Kenai, they just asked to review the drawings. This is the first go -around, there is plenty of time to do the schematics. Council- man Malston asked, is there a growth factor here? Mr. Gintoli replied this is the peak factor of 1981. Councilman Malston noted, if we have more carriers, we will not have room for them• Mr. Gintoli replied, they have discussed the problem with lawyers of all who wish to use the airport. We can establish mini- mum operating standards. But if we have an ordinance stating that a user needs a certain amount of sq. ft., they cannot use the terminal. Councilman Wagoner noted that would have to be in writing before he would believe it. Mayor O'Reilly added when they met with FAA, FAA brought this up. Councilwoman Glick asked Mr. Gintoli, is there a basis for this? Are there airports who have done this? Mr. Gintoli replied he didn't know, but the consultant has done this. He will get some information, if Council wishes. Council- k KENAI CITY COUNCIL - -� OCT. 7, 1981 1 Page 5 man Measles asked, if this is the case, why were we told we had to do the changing before? He didn't believe an ordinance would hold much water. City Manager Brighton noted Airport Manager Swalley is attending a conference and will talk to those air- ports that have these standards and bring it to us. - Councilwoman Glick asked, do we have this in writing? i Mayor O'Reilly replied no. Mr. Gintoli said if we added one more carrier, that is all we could handle. We are right at budget, but that is too close. He noted, it also says the City would provide finished spaces at the airport. The consultant said we are giving it away. Most cities provide space only. The estimate was made assuming we would do every- thing. Ttat is not normally done. Also, all those ' who want to be in front, he suggested we put that up to the highest bidder. That is done around the country. The City can get more revenue than they are getting now. He suggested the City not provide the finishing, but they should provide baggage claim system. Mayor O'Reilly asked, who operates and maintains common baggage? Mr. Gintoli replied, the City. Mayor O'Reilly asked, what is the next step? Mr. Gintoli replied, he will put it in schematic form for the Dec. 7, 1981 meeting. Hopefully he will have the money by then. Councilman Wagoner asked, does the City incur liability by Mr. Gintoli starting work without having the money? What would - happen if a law suit of some kind was started? Could this be a legal entanglement? Mr. Gintoli replied, there will be a point where he will stop. At this point the City is under no obligation. He has asked that the contract be prepared awaiting State approval. He added he will ask the consultant to draw up mini- mum operating standards addressing FAA problems, etc. Mayor O'Reilly asked if he will be working with Air- ,tr;°o port Manager Swalley. Mr. Gintoli replied yes. D. MINUTES —r -' -.- D-1 Special Meeting, Lept. 28, 1981 Minutes were approved as submitted. E. CORRESPONDENCE I F. OLD BUSINESS G. NEW BUSINESS - G-1 Bills to be Paid, Bills to be Ratified MOTION: 'r Councilwoman Glick moved, seconded By Councilman Malston, to approve the bills. Motion passed with Councilman Wagoner voting no. Y-, G-2 Requisitions Exceeding $1,000 MOTIONS r Councilman Malston moved, seconded by Councilwoman Glick, to approve the requisitions. "? Finance Director Brown asked that the AirTek amount be changed to $2,670 Council agreed to the change. Motion passed unanimously by roll call vote. 3 vli� I' KENAI CITY COUNCIL OCT. 7, 19801 Page 6 G-3 Ordinance 720-81 - Amending KMC 1.56 to Authorize Librarian to Establish Rules & Regulations for Conduct of Library, etc. MOTION: Councilman Measles moved, seconded by Councilman Wagoner, to introduce the ordinance. Motion passed by unanimous consent. G-4 Ordinance 721-81 - Increasing Rev/Appns - For Equipment, Reconstruction & Installation of Fencing at Airport MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed by unanimous consent. G-5 Ordinance 722-81 - Increasing Rev/Appns - Kenai Borough Senior Citizen Grant - Driver, Cooks' Asst. & Addtl. Operating Supplies - $15,030 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed by unanimous consent. G-6 Ordinance 723-81 - Increasing Rev/Appns - Purchase Tract of Land on Frontage Rd. for Right of Way - $12,120 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed by unanimous consent. G-7 Ordinance 724-81 - Increasing Rev/Appns - "Community Services Program" - $9.696 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed by unanimous consent. G-8 ordinance 725-81 - Increasing Rev/Appns - Section 36 Water & Sewer Drainage - $151,000 MOTION: Councilman Malston moved, seconded by Councilman Mueller, to introduce the ordinance. Motion passed by unanimous consent. G-9 Ordinance 726-81 - Rescinding Ordinance 694-81 and Increasing Rev/Appns by $165,217 for Financing of Kenai Senior Program R KLMAI CITY COUNCIL OCT. 7, 1981 �i Page 7 MOTION. - Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed by unanimous consent. G-10 Brown b Assoc. - Kenai Sewer Treatment Plant Expansion - Pay Est. 915 - $100,842.31 P MOTIONS Councilwoman Click moved, seconded by Councilman Measles, to approve the billing. Motion passed by unanimous consent. G-11 OMNI North - City Administration Bldg, - Final Pay Est. - $52,099 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the billing. . Councilman Measles asked, is this subject to receiv- ing the signed release? Public works Director Kornelis replied, this was received. He added there were problems areound the City Ad. Bldg. One is the lawn, we have received an estimate to $1,750 plus $300 maintenance. OMNI had made a mistake, Finance Director Brown had corrected it. OMNI is willing to go ahead with the change. Mr. Kornelis recommends the City go ahead with the change order back to $50,099. we have a release of claims. Councilwoman Glick said they were supposed to repair the roof leaks, put in parking lines, and clean the windows. Mr. Kornelis replied the roof was repaired and the parking lines done. we had a motor burn -out, that is done. Mayor O'Reilly explained the receiver is to pay $50,099, reduced by $2,000 since the lawn is not up to specs. MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick to amend the billing to $50,099 and sign the change order. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. G-12 CH2M Hill - STP Expansion/Outfall/Interceptor - Request for Amendment $3 - Increase in On -Site Inspection Costs - $45,600 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Councilwoman Glick asked to refer to Loren Lehman of C92M Hill for the reason. Also, was the inspection report on a net -to -exceed figure? Loren Lehman, CH2M Hill spoke. Regarding the not- KENAI CITY COUNCIL ' OCT. 7, 1981 Page 8 - to -exceed figure. They have cost plus fixed fee figure. They don't have a cost ceiling. With reason given, the cos;: ceiling can be increased. They cannot increase in the scope of the work. Council- woman Glick noted we are increasing the man-hour day. Were we late getting started? Why are we increasing - the estimated days? Mr. Lehman replied that is how many days it will take to complete the project. The contractor took longer than expeced. The inspection on the other item took 2 weeks longer because of heavy rains. The paving had to be held off. The contractor is looking at the end of Nov. It would f only take occasional inspection after that. Mayor J O'Reilly asked Public Works Director Kornelis if he was satisfied with that. Mr. Kornelis replied he - has received a letter from DEC. They have given verbal approval. DEC is the major funding source. We should have written approval from DEC. Council- woman Glick asked Mr. Kornelis, in his report he referred to the change orders. what is the reason for them coming before Council? Did he have a ' problem with that? Mr. Kornelis replied yes, that will be next on the agenda- Councilwoman Glick asked if it could be discussed now. Mr. Kornelis explained in the pre -construction conference we require all change orders be approved. But they must be approved by Council before signing. Many of the days we did not know about. His complaint is we should have been involved with the changes in the contract. Councilman Measles asked, is - approval dependent upon approval by DEC? City Manager Brighton replied yes. Councilman Measles ° suggested Administration be directed to approve _ upon DEC approval. Council agreed to the suggestion. VOTES Motion passed unanimously by roll call vote. B-5 Motion for adoption had already been made. _ Motion passed unanimously by roll call vote. P G-13 CH2X Hill Sewage Projects Construction Services - �fl _ $26,700 -- MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. -VI G-14 TAM Construction - Central Kenai Sewer Interceptor - _ Change Order #4 - $9.229.08 MOTION: 1 Councilman Measles moved, seconded by Councilman Malston, to approve the billing. Public Works Director Kornelis explained most of ern the items look appropriate. The biggest complaint ' we were not involved in. Item #7 is the biggest. CH2M Hill has written an explanation. It amounts -,; to a matter of opinion. TAM suggests the City did not react soon enough. When it (the waterline) broke, the valve was located, but it was not a y, "+' workable valve. we tried to shut it off farther KENAI CITY COUNCIL OCT. 7, 1981 Page 9 VOTE down. Mr. Kornelis said he felt the City responded well. They said it cost them money because we did not shut it off right away. They are asking for $3,000. It is questionable if we did not act fast enough. DEC has reviewed. They gave their approval on the change order, even though we have not discussed it. Councilwoman Glick asked Mr. Kornelis, does he feel they have signed the proper forms? Mr. Kornelis replied yes. On item #7 it was right, but on others they were not. Item #4, Glacier State did not get in in time. Item #5 was also late. Item #6 the cost was not listed. Councilman Measles asked, what was the reason for the additional 4 ft. depth? Mr. Kornelis replied, the list stated it was put back off the road and the grade was on the center of the road. Loren Lehman, CH2M Hill, said the elevation was off, plus the difference between the center line and the center. He did not recall if it was moved or not. Councilman Mueller said in conversations with the contractor, he was told there were problems with the valves. What can be done to correct the problems? It is important we find where the valves are located. Mr. Kornelis replied we asked for a CEIP grant for a valve study, but were turned down. We are think- ing of asking Council for funds. Councilman Mueller asked, does he have any idea of the cost? Mr. Kornelis replied no. He added TAM feels we should have the 'valves operable, something we could not do. We only have 2 maintenance men. Councilman Wagoner said some- one should be checking the valves. This is off the subject of the change order, however. Mr. Kornelis said we have problems with kids dropping rocks. Councilman Wagoner said they should be operating on a continuing basis. Councilman Malston said he felt this was the City's responsibility. Motion passed unanimously by roll call vote. G-15 Superstructures, Inc. - Kenai Small Equip. Warehouse - Pay Est. #2 - $9,000 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. G-16 Brown Const. - STP Plant Expansion - Change Order #3 - $2,108.08 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Public Works Director Kornelis said DEC still has questions on #2. He talked to them this date (10-7-81) and they are still in contact with Gordon Nicholson. The receiver is still waiting for written approval from DEC. Council agreed to make approval subject to DEC approval. Motion passed unanimously by roll call vote. G-17 Doyle Const. - N. Kenai Water & Sewer (Sect. 36) - Pay Est. #6 - $181,362.36 KENAI CITY COUNCIL OCT. 7, 1981 Page 10 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Public Works Director Kornelis said our contract lets us retain 10%. They would like to reduce it to 5%. We feel there is validity in this request. They are 97% complete. There is some seeding to be done next year. We have done this on other contracts. MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Mueller, to amend the billing from $181,362.36 to 0230,742.94 to allow for 5% retainage. Councilman Malston asked Finance Director Brown if he had any problems. Mr. Brown replied no, there is provision for lowering. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE,Main Motion with Amendments Motion passed unanimously by roll call vote. G-18 Wince, Corthell, Bryson - N. Lupine, N. Phillips - $35,200 - Linwood, Candlelight - $31,200 Councilman Mueller moved, seconded by Councilwoman Glick, to approve the biliings. Public Works Director Kornelis said he recommends paying subject to receipt of the State grant. MOTION, Amendments Councilman Mueller, with consent of second, amended the motion to accept subject to receipt of the State grant. Councilman Wagoner noted the reference to the over- run on Lupine. Wince, Cortheli, Bryson did the estimate. Was there no test sample taken? Now they say they are more extensive than we thought. He sees no reason to hire an engineer to do a job and then come back with an overrun. The City knew the problem was there. Mr. Kornelis explained there were test holes taken for a 200 ft. area. They did not take them every 200 ft. VOTES Motion passed unaninimously by roll call vote. DISCUSSION ITEMS Councilman Wagoner noted his "no" vote on item G-1, Bills to be Paid. Regarding the donation to Chamber of Commerce. He has spoken to 2 attornies who served in the Legislature, they have told him it is strictly illegal to donate. Council should take note of those things too. H. REPORTS i i 1 I j 1 KENAI CITY COUNCIL = OCT. 7, 1981 Page 11 H-1 City Manager City Manager Brighton spoke. 1. DOT representatives were in the office 10-2-81 for a meeting with Mr. Brighton and Public Works Director Kornelis. They wanted to find out the goals regarding public transportation. Forest, Redoubt, Spur and Beaver Loop are State maintained. We asked 3 ahem to bring up to code and the City would take over maintenance. They appeared to agree. They would have to remove the black top and resurface. They said they are working with $12 Million budget per year. Mr. Brighton asked what the Borough was doing. They were discussing a road around the City, WArathon Rd. Mr. Brighton asked about the airport, they said it is municipal, not State. We can go for a grant on some work. They will send information on how to request. 2. He received a call from Toro Ackerly, a high j school teacher. The school wants a building to have 1 a Halloween fun house. Mr. Brighton suggested an FAA house. He asked for a hold -harmless document. He added, they will have to clear, up the building before they use it. Atty. Delahay asked, what organization is involved? Mr. Brighton replied, The high school, under the auspices of the teachers, for a money making project. Atty. Delahay noted if it just the teachers' assurance, it would not be enough. Mr. Brighton replied he will ask for a policy from them. o° 3. He received a quote from HEA to remove the lines on FBO lots, $6,500. He asked the Council if they wish to negotiate with the lessee or will the City _ pay to remove the lines? Councilman Malston asked, they are requesting a lease? Mr. Brighton replied yes. They hesitate to lease till the lines are moved. Councilman Wagoner asked, is the City responsible J= to move the lines? He didn't think anyone will lease till the lines are moved. He also suggested it be paid out of airport funds. Finance Director Brown replied yes. Councilman Malston asked, why f were the lines there in the first place? Public -t v Works Director Kornelis said they are still active lines. Mr. Brighton added they are HEA lines and -�, one no one will claim. MOTION: Councilman Wagoner moved, seconded by Councilman Measles, that the City undertake the project and the cost of moving lines and take the cost from Airport Funds. Motion passed, with Councilman Malston voting no. 4. There is an FAA building that must be moved. We have 2 choices: 1. The contractor will move it and keep it. 2. We can move it and it will cost us $5,000. It is a relatively good structure. We have stuff stored in many places. We could move this and use it for storage. The building is worth more than $5,000 to us. Councilman Wagoner said we already have stuff stored in an FAA quonset house. Now we are talking about moving the building to move the stuff to another building. We should put this one m KENAI. CITY COUNCIL OCT. 7 ' 1981 Page 13 up for sale. Mr. Brighton noted it is holding up the project. It must be done tc+morrow. (10-8-81) MOTIONS Councilman Malston moved, seconded by Councilman Wagoner, to let the contractor move the building at his expense and do what he wants with it. Motion failed, with Councilmen Malston, Wagoner, Mayor O'Reilly voting yes; Councilmen Measles, Mueller, Councilwoman Glick voting no. Recreation Director McGillivray said he could use the space. Mr. Brighton said we are in the process of moving all property from FAA. Those buildings are on the Daubenspek property and should be moved. This is a better building. Architect Csrmzn Gintoli said one of the things that will help us on reducing costs on the airport renovation is if we could move everyone out during reconstruction. He would like to hold off till he can look at it. Mr. Brighton noted every day it sits there will cost us money. Councilman wagoner added if the City decides to move it, it will cost us money. Public Works Director Kornelis explained we did not get ownership till today (10-7-81), it is an FAA building. Councilman Malston said if we use it we will have to put in a foundation and all else. It will cost us much. Councilman wagoner said the project is premature to start. We should not start with that kind of obstacle. The building was in the right-of-way of the project. Money is not the obstacle, the building is. It should have been taken care of at the time of the tower. Mr. Brighton explained it was, but we just got permission from FAA. They indicated they would give us clearance. Mr. Kornelis said it would be cheaper to get rid of it. Councilman wagoner said we don't have any costs to rebuild the building, or where it will. be located. Councilwoman Glick noted some projects were started before we had all the problems worked out, Frontage Rd., for instance. Mr. Brighton said the building would be placed in the garage area. Councilman Malston moved, seconded by Councilman Measles, that the Administration move the building out to the garage area. Motion passed unanimously by roll call vote. John Wise spoke. He asked where will the money come from? Mr. Kornelis replied, project money. Finance Director Brown said it would be a purchase order charged to CEIP funds. Council agreed to the action. S. Care and Maintenance of the cemetary. Council had appropriated $2,500 for the contract. He would like to consumate the contract with Tim Wiesnewski,it will be through next July. MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to direct Administration to prepare and consumate a contract with Tim Wiesnewski in the amount of $2,500. The money has been budgeted, through July 31, 1981. KENAI CITY COUNCIL OCT. 7, 1981 Page 13 Motion passed unanimously by roll call vote. John Wise asked if we had title yet. Mr. Brighton replied no. 6. Mr. Brighton went to Petersburg regarding the camping for transients. They have $125,000 in their facility in Petersburg for campers. They have pads, running water and rest rooms. They charge $2.50 per night. It has resolved some problems, but has created others. 1. They are continuing and expanding. They are assuming full cost, the canneries will not share. 2. They had difficulty collecting from users. 3. They hired a full time person to clean up and collect. It is 3 miles from the canneries. It is on a dry well that has to be pumped. He will contact the canneries and ask for their participation. Councilwoman Glick asked about the used car lot at Tinker & Spur. Mr. Brighton replied Howard hackney had checked and they told him they had 2 cars they would sell and not get more. Mr. Brighton said he will tell them to cease and desist if they are still selling. Councilwoman Glick said she has seen 6 there and they are all for sale. Councilwoman Glick asked,did the City do anything on Beaver Creek Subdivision about the vehicle parts, etc.? This is Calvin Quandt's property. Mr. Brighton replied he has done nothing. He apparently rents from the State, he does not own the property. Councilwoman Glick asked that Administration contact by letter either EPA or DEC to see if that will present a wetland problem and whether he has overstepped his boundaries, or if it should be. fenced. Councilman Wagoner noted Federal law requires that kind of area be fenced. But until we enforce all our ordinances fairly, there is nothing that can be done. You are opening a can of worms. Councilman Malston noted this sort of argument comes up every time this sort of thing comes up. You have to start somewhere, if we ignore it, it will just get worse. Councilman Wagoner said if you want to start cleaning up, you should start at the worst situation. Council- man Malston said this is the worst. Councilman Wagoner asked about the trailer and Aort- a -potty on the old fire training center. Mr. Brighton replied it for the construction on the Tinker, walker, etc. project. H-2 City Attorney Atty. Delahay spoke. 1. Regarding the clean-up problem. A letter will not help. The City had better hire an attorney to get it into court and prepare cases. It will take that. 2. He asked Council to take note of the Confession of Judgement regarding the Serendipity property that is in the packet. 3. There has been a lawsuit from 1977 by Brian Peck that was set for trial in Sept. 1981. It was KENAI CITY COUNCIL OCT. 7, 1981 Page 14 hanging fire and had many cross -motions. The Court has cancelled the trial date without noticing the City counter -claim. The City can ask for a new trial. tie has asked the plaintiff's attorney for possible settlement. He has not heard from him. 4. The City has recieved a request for consent for Assignment From Jack Thompson to a corporation. Atty. Rick Baldwin said they were riot able to do business in Alaska. 14tty. Delahay recommends we not approve till the corporation i3 assigned to do business in Alaska. Mr. Baldwin said the clients say the Assignment was just for tax purposes. There would be immediate reassignment for limited part- nership. There is no requirement in State law that partnerships have particular qualifications. He would recommend Council take action to approve consent based on the stipulation there be immediate reassign- ment by the corporation. If there is a reassignment, there will be a new lessee. Council should take action. Any assignment requires approval by Council. They aids in a hurry to get it done. The City is secured by the property. 5. He will be vacation Oct. 8, 1981 to Oct. 26, 1981 and will miss the next meeting. Alaska Municipal League begins Nov. 4, 1981. He would like to go Nov. 3, 1981 for the Attorney's meeting. He will r be back for the Nov. 4 meeting and go back Thurs. morning. MOTIONs Councilwoman Glick moved, seconded by Councilman Malston, to direct Administration to proceed with Assignment of lots 10 & it in Alyeska Subdivision pursuant to receipt of proper legal papers as specified by Atty. Delahay. Motion passed, Councilman Wagoner was absent and did not vote. Mayor O'Reilly asked if the lands sales transacted are up to Hate. Atty. Delahay replied they are in tha hands of the title companies for closing. He suspects they will be ready for approval by the time he gets back. Mayor O'Reilly asked, has the City done all they can? Atty. Delahay replied yes. H-3 Mayor Mayor O'Reilly spoke. 1. Regarding the City Ad. Bldg. Open House. Clerk Whelan and Admin. Asst. Conley have done good work. Council has been asked to serve. Council agreed to the request. 2. He asked the Council to recommend someone for the Recreation Commission. 3. City Manager Brighton and Mayor O'Reilly are going to 4th of July Creek dedication 10-8-81 in Seward. ! y� KENAI CITY COUNCIL ' OCT. 7, 1981 Page 15 4. He will be going to Anchorage 1.0-12 and 10-14 for the Task Force on Petrochemicals. They will have a public hearing 10-14 to see if we should extend the Memorandum of Agreement between Dow/Shell the State. Councilwoman Glick asked if the meeting 1� scheduled for Oct. 29 in Kenai is on that line? Mayor O'Reilly replied yes, the City will be running it. 5. Central Alaska Contractors has asked Alaska Pacific Bank for a loan. He is putting together the packet. He will inform the Council if there is any conflict. i H-4 City Clerk , Clerk Whelan spoke. 1. The election was completed successfuilly, there was a larger turn -out than anticipated. LaFiesta furnished lunches for the judges, this was appreciated. 2. The telephone poll was ratified. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to ratify the telephone poll of Sept. 28, 1981 to approve the P.O, for $1,333.14 for brake parts for the 12-G grader. Motion passed unanimously by roll call vote. Mayor O'Reilly noted Resolution 81-97 regarding AAnsin. support was signed. H-5 Finance Director None H-S Planning & Zoning Councilwoman Glick spoke. 1. At the P&Z meeting, there was some rezoning in Fidalgo, these were housekeeping measures. 2. There was some rezoning in FBO Subdivision. Borough P&Z has approved, it will go to the Assembly. DISCUSSION ITEM: Mayor O'Reilly noted the Municipal League will be Nov. 4, 1981. He suggested Clerk Whelan make reservations for the Council. Councilman Wagoner will not be going. Mayor O'Reilly noted there is a Council meeting Nov. 4, 1981. Council will have to work this out. H-7 Harbor Commission None T. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. John Wise spoke. He wished to notify Council that he will be working with Administration on various items: i ',1 _, T , I i( KENAI CITY COUNCIL OCT. 7, 1981 Page 16 a. Drafting a sales tax ordinance to reduce sales tax to 2% effective Jan. 1, 1982. Interest earnings will be pro rated to the fund invested from. 1/2 of 1% to debt service, 1-1/2% to general fund. It will be available Oct. 21, 1981 in draft form. b. when the street lights will be repaired. C. when the storm sewers will be cleaned. d. A drainage plan City-wide required for property. e. Estimated update and cost on Beaver Loop fire station. f. Contract snow plowing needs & requirements and streets cleared within 6 hours of a 2 inch snowfall. g. Engineering deficiencies on Section 36 and Pidalgo Subdivision. h. Meeting with Planning & Zoning to discuss various items. 2. Councilman wagoner asked Public works Director Kornelis, regarding the cost of engineering. If he was to develop a 40 acre subdivision in Kenai and construct his own water & sewer, and later tie in with the City system, would he go to the same cost as a private contractor or would he be required to meet minimum requirements of the City? Mr. Kornelis replied, if you developed, the first step would be to come to the City and bring a complete set of drawings showing improvements, etc. After approval, you could get it platted. The final plat would not be accepted till that was considered. It would have to meet minimum requirements. The City follows those similar to Anchorage. Councilman wagoner asked, would the City require him to perform tests and submit them? Mr. Kornelis replied yes, and they would require an inspection. This {ryas done in Deepwood Park and the City would not accept till it was corrected. Council- man wagoner asked, you do not have a full-time inspector? Mr. Kornelis replied, right. Councilwoman Click asked Public works Director Kornelis, regarding DEC and CEZP grants, did we follow through on the grant requests around the church area at Tinker Lane? Mr. Kornelis replied there are 3 churches -that have requested water & sewer. Engineer LaShot is getting engineering costs for 50% matching funds. Councilman Mialston asked City Manager Brighton, what is the status of the trailers near well house #1? Mr. Brighton replied Howard Hackney has taken a look. As far as we know, they are just stored there. Councilman wagoner noted that is a good lesson we should take. That is on wetlands, they just did it. Councilman Mueller said there are some places that are exempt - some of the highway frontage. It is zoned commercial. A ADJOURNMENT Meeting adjourned at 10f10 PM. VIZAA J et a an, Cit;► Clerk