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HomeMy WebLinkAbout1980-03-19 Council Minutesi�i AGENDA KENAI CITY COUNCIL, - REGULAR MEETING MARCIi 10, 1080 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 553-80 - Topo Mapping by Soil Conservation Service - $20,000 2. Ordinance 554-80 - Modifying Body Style for Taxi Restrictions 3. Liquor License Renewal a. Katmai " b. Kenai Joe'a C - �k' . ".,v4 - %, .- �..,. 1% - C . PERSONS PRESENT SCHEDULED TO BE HEARD 1. Jerry Andrews - Dog Problem, VIP Subdivision 2. CH2M Hill - Sewer Interceptor Line 3Sandra VZTa Z"J ahri�g's Junk � �. ,�� , . r��..�r ���J . , •i. ,Sc; - " D . MINUTES 1. Minutes of Regular Meeting - February.5, 1080 2. Minutes of Regular Meeting - March 5, 1080 E. CORRESPONDENCE 1. Discussion of FAA Housing A . , ;,—?- 1 .., , ,, l,„ : � , F. OLD BUSINESS n 1. Discussion - Liquor License, Daddy's Money (steal Estate Committee) _ 2. Discussion - Airport Vending Machines, Vic Tyler (teal Estate Committee) 3. Discussion - Community Care ConteKneal Estato Committee) 4. Discussion - Stoehner's Lease (Public Works Committee) 5. Discussion - Airport Parking Lrit Franchise tTublic Works - - Committee) 0. NEW BUSINESS r I. Bills to be Paid, Bills to be Ratified r t.. - J � I � t G. 2. Requisitions Exceeding $1,000 3. Ordinance 555-80 - Amending Title 4 of Uniform Building Codes, Exit Facilities 4. Ordinance 556-80 - Amending Municipal Code - Reconsideration of an Action at the Same Meeting 5. Resolution 80-32 - Election for Debt Approval for New City Hall - $400,000 6. Resolution 80-33 - Transfer of Funds, General Fund Budget - Finance Department Employee to Attend Seminar - $300 7. Resolution 80-34 - Supporting Senate Bills 451 & 452 - Mini Dome S. Resolution 80-35 - Transfer of Funds, General Fund - Moving Expenses for City Manager - $5,500 9. Resolution 80-36 - Transfer of Funds, General Fund - Patching Library Roof - $1,800 10. Resolution 80-37 - Transfer of Funds, General Fund - Attorney Fees Kenai Peninsula Newspaper Case - $2, 000 It. Resolution 80-38 - Transfer of Funds, Fire Personnel Uniforms - $350 12. Resolution 80-30 - Transfer of Funds, Airport Operations Manager to Attend Seminar - $100 13. Resolution 80-40 - Transfer of Funds , Police, Jail Uniforms - $668 14. Resolution 80-41 - Transfer of Funds, Shop Operating Supplies - $6,500 • 15, Resolution 80-42 - Support of Susitna Hydropower Project 16. Resolution W43 - Authorize City Manager to Execute Agreement with Soil Conservation Service and amend Contract with USKH 17. Resolution W.44 - 1080 Airport Eieetrical Improvements 18. Lease Renewal of Airport Lands - Wometco Lathrop Co. - of.:<� 19, Lease -Renewal of Airport Lands - Ackorly & O'Connell 20. Wince Corthell Bryson a Freas - Billing for Frontage Road - $10,374 ` 21, Wince Corthell Bryson & Freas - Inspection on Airport Way - $1, 808 22. Wince Corthell Bryson & Freas - Basic Engineering, Airport Way - 0 1 $1,496.75 ' 23. Winco Corthell Bryson & Freas - Construction Services, Well House #101- $206, 34 24, Office Space for Jim Swalley - Sub -Lease from AAI H REPORTS 1. City Manager 2. City Attorney 3. 4. Mayor ,. ,.'t C. q City Clerk =f. 5, Finance Director - -= 6. Planning a Zoning 7. Kenai Borough Assembly 8. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT — s a 3 " 3 C In c J i i 1 - n _J - 1 KENAI CITY COUNCIL q REGULAR MEETING - MARCH 19, 1980 MAYOR VINCENT O'REILLY PRESIDING KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE 1 A. ROLL CALL Present: Betty Glick, Ron Malston, Vince O'Rei11YRay Measles i Absent: Ed Ambarian Dick Mueller arrived late. ; AGENDA APPROVAL 8-3: Rainbow Bar & Grill was added to Liquor License Renewal ; J C-4: Beth Taehick, Kenai Care Center, was added C-5: Max Swearingen, Peninsula Clarion, was added, regarding sales tax + E-2: Name change for Daddy's Money was added MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the agenda as corrected. I Motion passed unanimously by voice vote of the Council. MOTION: 1 i i Councilwoman Glick moved, seconded by Councilman Malston, to api*int Public Works Director Keith Kornells as Acting City Manager until April 10, 1980. ' a Motion passed unanimously by roll call vote. Acting City Manager Kornelis assumed the duties, i Mayor O'Reilly noted the "Connie" given to him anonymously. B PUBLIC HEARINGS B-1 Ordinance 553-80 - To Mapping PPing by Soil Conservation Service - $20,000 There was no public response. V • I � r � 1 KENAI CITY COUNCIL j MARCH 19, 1980 Page 2 1000) Atty. Delahay said the ordinance as drafted combines money matters for additional surveying with permission for the City Manager to sign contract. The City Manager signing cannot take effect for 30 days, the money matter can take effect right away. lie has divided them. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance with amendments as written. Atty. Delahay said the amendments should be read for the public. Councilman Malston did so. Motion, as amended, passed unanimously by roll call vote. Councilman Mueller arrived. B-2 Ordinance $54-80 - Modifying Body Style for Taxi Restrictions MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the ordinance. The was no public response. Motion passed unanimously by roll call vote. B-3 Liquor License Renewal a. Katmai b. Kenai Joe's c . Rainbow Bar a Grill Clerk Whelan reported on the applications. Per letters from the Borough, Rainbow Bar a Grill is current, Katmai and Kenai Joe's are delinquent. MOTION: Councilman Malston moved, seconded by Councilman Mueller, to send it letter of non -objection as long as Katmai and Kenai Joe's have made arrangements. Councilwoman Glick said she had a problem. They have made i �u II 1 i KENAI CITY COUNCIL MARCH 10, 1980 Ij Page 3 arrangements to pay taxes. flow could the Borough let them get so far behind? If they can't pay their bills, how can they stay in business? Councilman Measles asked if the Borough s objecting in the name of the Borough and the City. Mayor O'Reilly asked Councilman Malston if he could divide into two motions. Councilman Malston agreed. Councilman Mueller asked if the motion could include, "non -objection to through June ?, 1980 date, then we will object and there would have to be a hearing." Atty. Delahay replied this is out of order. The Borough has requested a hearing to June 7, 1990, he suggested we send a letter of non - objection with the Borough letter attached. Mayor O'Reilly asked Councilman Mueller to withdraw his motion amendment, he agreed. MOTION: Councilman Malston moved, seconded by Councilman Mueller, to send a letter of non -objection to the Alcoholic Beverage Control Board for Katmai if they are current in their payments by June ?, 1980; and for Kenai Joe's if they are current in their payments by May 20, 1980. Motion passed unanimously by roll call vote. MOTION: Councilman Malston moved, seconded by Councilman Mueller, to send a letter of non -objection to the Alcoholic Beverage Control Board for Rainbow Bar a (frill. Motion passed unanimously by roll call vote. C PERSONS PRESENT SCHEDULED TO BE HEARD With concurrence of the Council, C4, Beth 'rPeschner, was scheduled next. C- 4 Beth Taeschner nenai Community Care Center Board of Directors Ms. Taesehnersaid she would like to speak on the Health Center. She is Health Service Coordinator for the Schools. She is a former public health nurse, sa she is prejudiced. She feels we need better health facilities. C-1 Jerry Andrews - Dog Problem, VIP Subdivision �4� i� i i f KENAI CITY COUNCIL MARCH 19, 1080 Page 4 Mr. Andrews said he was asked to come to the meeting, represent- ing his neighbors. He fools this problem is not peculiar to one area. lie suggested the Council take a look at the budget and increase personnel, perhaps it should be under a different department. lie feels Public Works is not sensitive to the Problem, it has other con - corns. The dogs are killing moose, it is just a matter of time and they will hurt a child. Ile stated he was uncomfortable there, he thought it did not require a policing actions it is a moral problem of people here who will not keep their dogs home, Councilwoman Glick suggested Mr. Andrews eomo to tho budget sessions when they start. Mr. Andrews reiterated he wished he did not have to come here, if we had a moral -concerned citizenry, this would not be necessary. Mayor O'Reilly suggested administration draw up an ad fa; put in the paper, asking the citizenry to cooperate • Mr. Kornelis stated Public Works Dept. known there is a problem, i. The dog packs are hard to control. They can't be shot, it is against the law. 2. We have changed the ordinance relating to dog control, The officer has more power and he is starting to use it, Mr. Kornelis then read the dog control report. He further stated: 3. We continue to got dogs, morn litters arc being born. 4. We will hope the budget will be increased next year, S. We thought of increasing the fines and adoption fees, so there are less dogs around, Mr. Andrews said he did not think increasing the fee would help, The problem is not dogs, but their owners. There should be a better solution, he does not have the answer. His neighbors have said they Will start shooting dogs, C-2 CH2M Nill - Bower Interceptor Line Mayor 011W.-11y said Ms , Kornelis will give the report later, C-3 Sandra Vozar - "Jahrig's Junk" Mrs, Vozar identified herself as living in Toyon Villa Apartments, she and her husband own the apartments, she stated she has been KRNAI CITY COUNCIL MARCH 10, 1080 Pago S before the Council boforo, Atty. Schlereth wrote a letter to Mr. Jahrig giving him 20 days to clean up his yard. He has not, he has added more, Now there is a "sort -of" fence there. In 1072 it was considered a public nuisance by the attorney, in 1075 the City ran an ad in the paper giving notice that nul=ncen will be removed. In 1070 Mrs, Vorar states she began coming to the Council meetings. In 1077 Mr, Jahrig reeoived a letter from City Manager John Wise, promising action. Mayor O'Reilly asked for comment from Atty, Delahay, Atty. Dolahay said with the change in administration, nothing has been done. When Mrs, Vour contacted him, he researched and found Atty, Schloreth had promised action, Mayor O'Reilly confirmed with Atty. Delahay that he know nothing? Atty. Delahay concurred, he said action was pro- mised in 1079, Councilwoman (flick asked Atty, Delahay if he had reviewed the area to we what should be done, Atty. Delahay replied no, Counclwoman Glick directed the administration to review the situation and come back to Council. Mrs, Voz$r said she wondered if the people in the City took the Council seriously, When she was dir- ected to put up a light in her apartment house, she figured it would be eight years before the City would do anything, Councilwoman (flick noted that the Council did try to take action at one time, The night of the public hearing, we had attornies, etc. threatening, ate, When we ' do try to do something, we get it from the other side, She lust wanted to have it on record that we tried, Mrs, Vour suggested maybe the people should pay personal property tax on their junk. If it is val- uable enough to be taxed, they will keep it. Council agreed that was an excellent suggestion, C-8 Max Swearingen, Peninsula Clarion - Bales Tax Mayor O'Reilly said the information is not total regarding Mr. Swear- ingen's talk, and it does affect the financial situation of the City, 1 MOTION, Councilwoman Glick moved, soeonded by Councilman Measles, to move into executive session because a public discussion may be det- rimental to the City, - -- Motion passed unanimously by roll call vote, Mr. Kornelis, as Acting City Manager, was Included. At the conclusion of the executive session, Councilwoman Glick stated j ■ f . O KENAI CITY COUNCIL MARCH 10, 1080 Pago 0 the Council appreciated the information from Mr. Swearingen of tho Clarion and would direct the administration to bring to the attention of Finance Director Brown and have him follow up on this. Specifi- cally, whether or not we would be collecting interest on moneys in arrears. D MINUTES D-1 Minutes of Regular Meeting - February 0, 1080 Page 24, H-0, Planning a Zoning Report, was corrected to read: Councilwoman Glick asked the Council to consider recommendations from the Planning a Zoning Commission. We will have to have an engineering firm as tar as the lease goes. Minutes wore approved as corrected. D-2 Minutes of Regular Meeting - March 3, 1980 Page 18, H-S, Finance Director Report, was corrected to read (after i 4th sentence): Councilwoman Glick asked it he had looked into whether we could have an 8-8-1/2 mill levy, She said she believed he was aware of this, lie said he had been approached, but there was no way he could ace that we could have it, There is a 10% salary increase in the budget. Council requested Clerk Whelan submit the corrected minutes of the meeting to the Council. L' CORRESPONDENCE E-1 Discussion of FM Housing Mayor O'Reilly asked the Council it they wished to refer this to the Public Works committee. Councilwoman Glick replied, yes, then it can bereferredto the Planning s Zoning Commission. E-2 Name Change - Daddy's Money Council, by unanimous consent, agreed to the name change, i i' z� a KENAI CITY COUNCIL MARCH 10, 1080 Page 7 Clerk Whelan was requested to send a letter of non -objection to Daddy's Money, S OLD BUSINESS P-1 Discussion - Liquor License - Daddy's Money (Real Estate Committee) Councilman Mueller said he had two meetings, there were two problems to diccuss. 1. Daddy's Money would like to remove the City's name from the liquor license. 2. They would like to go on a flat rental basis instead of commission. The committee's suggestion on M., remove the City's name from the license with a clause, "license was issued to the City expressly for the airport lounge and will stay with the airport lounge." The committee's suggestion on ii2: $3, 200 per month, starting July 1, with an escalator clause to increase or decrease on July 1 based on per cent of increase or decrease in gross revenue. it '- would eliminate monthly records checking. Councilman Malston asked Councilman Mueller how he came up with $3,200, Councilman Mueller explained the current annual income is $3,000 per month. They are increasing their capacity by 50%-78$, possibly more if they should increase business. Councilman Malston asked how does the cents per square foot compare with other leases. There is nothing in their leases that moves up or down. Councilman Mueller replied yes, some do. At $3200 that is $1.08 per square foot. Others are $.99 per square foot. Councilwoman (flick asked are we going to revise the square footage at budget time? Acting Finance Director Sandi Parnell replied that has to be by resolution. She said she thought we had planned to stay at that rate. The pro- posed budget is at the same rate. Councilman Measles said they are at the flat 10%of gross now, Atty. Delahay said the rate is $.99 per square foot with janitorial service, Daddy's Money does not have Janitorial service. Mayor O'Reilly asked the length of the lease. Councilman Mueller replied it runs to 1987 with renewal option. He had a suggestion, that the lease rental would be re-evaluated annually. Mr. Kornelis asked if they included the additional area they are going to build• Councilman Mueller replied they included the area, but not Increased value, Councilwoman Qiek asked at that time, you would , KL'NAI CITY COUNCIL MARCH 10, 1980 Page 8 include additional area and a now lease? Councilman Mueller replied we did not, he did not know if they were to include it in our review. Councilman Malston stated he could not go along with the Public Works Committee, unless it matches the present building. Councilwoman Glick noted that is what he said he would do. Atty. Delahay noted I there is one thing to consider - the Committee did not consider the additional space, the rent would go up. On the new area, they would be increasing the space at their expense. Mayor O'Reilly asked Councilman Mueller for the committee recommendation on the first problem. Councilman Mueller reviewed the proposal. lie explained this would effectively put the public on notice and recorded that this license belonged to the City. Mayor O'Reilly asked who pays the insurance. Mrs. Parnell replied Daddy's Money. We pay the insurance company $100 to be on as an additional insured on their policy. Councilman Malston said he thought it was $3,000 before we went on their policy, Councilman Mueller said he suggested the City remove their name from the license with the addition of the cleupe as suggested by Atty. Delshay. Atty. Delahay explained this clause stipulated damages if they break their lease. MOTION: I Councilman Mueller moved, seconded by Councilman Malston, to remove the City's name from the liquor !+.eense with the addition of __---_ the clause as suggested by Atty. Delahay stipulating damages ff Daddy s Money breaks their lease. Council approved the motion unanimously by roll call vote. ` Atty. Delahey noted the Alcoholic Beverage Control Board previously required the City be on the lease because we were getting a per cent of the gross. The Board said they were trying to get this changed in Juneau. He didn't know if this change will be okay in Juneau. Daddy's Money wanted this based on cost of living, not gross. MOTION, Amendment: - � I Coun'-41m2n Mueller moved, seconded by Councilman Malston, to incorpn«ate -alcoholic Beverage Control Board approval in the first motion. Motion passed unanimously by roll call vote. a KENAI CITY COUNCIL MARCH 19, 1960 Page 0 Mayor O'Reilly said the rental is now $30,000 per year, sales are $360,000, or 10%. If sales went up to $400,000, at the present form- ula the rental would be $40,000. Atty. Delahay said on information received from Finance Director Brown from October 1978 to September 1970, $27,000 has been collected. The last few months have been higher, they estimate $28,000. At $42,000 the committee felt we were asking more for the increased space. Mayor O'Reilly noted it will be a capital improvement on the building, it will moderate. Atty. Delahay noted this is a counter-offer, they may refuse. They have not accepted this. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to set a monthly rental of $3,200 per year starting July 1980, with an escalating clause to increase or decrease rent annually on July 1, based on previous calendar years percentage of increase or decrease in the gross revenue of operations. Notion passed unanimously by roll call vote. Mayor O'Reilly asked the lease runs to 1087 and to rena•vable at the some conditions? Councilman Mueller replied he has option to renew, but he is not sure of the conditions -Councilman Measles said it is renewable at the some conditions. Mayor O'Reilly suggested the Council should review the renewal conditions. Councilman Measles suggested at the end of the lot term. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to renegotiate the lease with Daddy's Money at the end of the first ten years, Councilman Malston asked what other leases do we have on an es- calation clause. Atty, Delahay said they are not based on escalation. Car rentals are on a per cent of the gross. Councilman Malston said we seem to have an inconsistency. An example is, the airlines pay the same in good or bad years, Councilman Mueller noted the gift shop has a per cent of the gross. F-2 Discussion - Airport Vending Machines, Vic Tyler (Real Estate Committee) I n ' 0 PA KENAI CITY COUNCIL MARCH 10, 1980 Page 10 Councilman Mueller explained there are two parts to this problem. 1. The concessionaire's license grant 2. The granting of a lease to install arcade and amusement. Discussion of part 1: The committee suggested an agreement on the type of rate should depend on the typo of machine. MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to set a rate on machines in the airport, depending on the type of machine. Councilman Mueller said he supports the motion. The machines presently in the building are using City power, there is no income to the City. At odd -hours, the only place coke and coffee can be purchased is at the bar. Councilman Malston asked where do we stand at the gift shop? They have the right to the income from the vending machines. Atty. Delahay replied when the lease was sent to them to be signed, they never signed the lease, they just returned it. The previous owner did not want it. We have sent a letter to the previous lessee, after March 28, we will go in and sell the possessions in the store. When we talked to her. she replied, "talk to my attorney," Councilman Malston asked, this with Vic Tyler, is just his machines, it has nothing to do with the machines in the building (the newspaper machines), where the money was made on the papers sold. Atty. Dolahay replied he didn't know about the newspaper machines. We had better do something about those machines. Councilman Malston said he hated to see us get into the problem as we did before. When the restaurant was closed, we asked Mr. Eitel to install coffee -machines. What happened to this? Councilwoman Glick asked Councilman Measles, did this come up in the committee hearing? Councilman Measles replied as he understands it, all the machines in the airport are tied up with the gift shop. Mayor O'Reilly asked would Vic Tyler set up coffee machines. Councilman Malston replied yes, but we don't know if the agreement is with the City, Mr. Eitel or Mr. Tyler. Mrs. Parnell said the charges are $5.00 for a vending machine and ; .50 for news- papers per terms of the lease. Motion passed unanimously by roil call vote. y,. f KENAI CITY COUNCIL MARCH 19, 1980 Page 11 Discussion of part 2: The committee suggested no action be taken, Mr. Tyler should bring in a firm proposal, and the Council could look at the alternatives. Councilwoman Glick asked Airport Manager Swalloy to inform Mr. Tyler of the decision. Councilman Malston asked do we want an arcade in the terminal building, He didn't. Why ask Mr. Tyler to work with a proposal if we are not interested. The space should not be used as a gift shop, it should be airport-orionted. Council- woman Glick said before Mr. Tyler comes in, the committee should discuss alternatives, Councilman Mueller said this has been studied. 1. An airline company wants to store freight there. 2. Another airline has expressed an interest in it. Councilman Mueller said a study should be done before a firm pro- posal is made. Council agreed by voice vote. Mr. Swalloy asked the Council if they wanted a firm proposal from Mr. Tyler. Mayor O'Reilly replied no, not until the study is made. P-8 Discussion - Community Care Center (Real Estate Committee) Councilman Mueller said he spoke with people in the legal department - dudge Hansen. The consensus is that a Care Center is needed in the community. The committee did not wish to commit future Councils to their proposals. The committee recommended: 1. A lease of spaco based on fair market value of land at the usual per cent of other leases, 2, The Care Center should bring a request for a donation to the budget session. MOTION: i Councilman Mueller moved, seconded by Councilman Measles, to lease the space based on fair market value of the land at the usual per cent of other leases. A motion was not necessary for this action, Councilman Mueller then explained a portion on the building was V KENAI CITY COUNCIL MARCH 10, 1980 Page 12 / completely dropped at Atty. Delahay's suggestion, it is not reaRon- able under present City arrangements, Councilman Malston said the 17) building will have to be removed eventually. The fair market value is very low, Councilman Mueller said there to another FAA item of correspondence that could change the situation. Atty. Delahay ex- plained their request is to put an antenna near there. The Committee did not want it, it is prime land. F-4 Discussion - Atoehner's Lease (Public Works Committee) Councilwoman Glick said Atty. Garnett sent a presentation regarding the Stoehner lease to Council. She then explained the background of the lease problem. She stated we do find objectionable that Mr. Garnett feels the City has wasted their time, they were asked repeatedly to bring in information, etc. They changed their minds when they thought someone else wanted it. She suggested the City terminate the lease, and a settlement fee be charged. MOTION: Councilwoman Glick moved, seconded by Councilman Mrlston, to terminate the lease with Stoehners, and a settlement fee of $500 be charged. This because, the cost of the appraisal is estimated at $140, for and compensation for administration work, Mayor O'Reilly asked about lots 4, 5 i 6, Councilwoman Glick said they have been leased to TAD and the lease has been consummated. Councilman Hall questioned the $500 fee, He asked isn't that the Prim You pay for being landlord? Councilwoman Oliek replied, teue, but we had a valid lease application. When they came back !hey said Atty. Garnett did not represent them. We had to come to an agreement with'Waterer and Yeasel, it cost us money, Councilman Hall asked how are we going to collect? Atty. Delahay replied there is only one way, to sue. His opinion is in the last packet, if we now have a lease with them, any delays are caused by them. We could sue for collection of rentals. If we had a judgment, it might interfere with the other leases. Councilwoman Glick said Councilman Malston men- tioned that Atty. Delahay check to see MAtty, Garnett had a right to represent them. Atty. Delshay replied they were here when Atty, Garnett spoke, so there is no questions that he represented them, Motion passed unanimously by roll call vote, ---` F-5 Discussion - Airport Parking Lot Franchise (Public Works Committee) 0 KENAI CITY COUNCIL MARCII 10, 1080 Page 11 Councilwoman Glick said some time ago, we had complaints on towing cars away and vandalism, we installed lights and this has out down on the problem. We thought we should have franchised parking and sent out bids. We received two. We came to the conclusion we are not ready to go to this. Councilman Malston said we also asked the administration to check into ways to keep the lot cleared. Councilwoman Glick suggested the Council direct administration look for funds to pave the short and long term parking lots, and plan to shorten the long term parking, and ways to clear the lot for cleaning. Councilwoman Glick also directed the ad- ministration to send letters to proposers to thank them and we will keep them in mind for future reference. 0 NEW BUSINESS G-1 Bills to be Paid, Bills to be ratified MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the bills as presented. Motion passed unanimously by roll call vote. J 0-2 Requisitions Exceeding $1,000 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the bills as presented, Councilman Malston asked Atty, Delahay regarding Atty, Garnett. Where do we stand, how much have we paid at this time? Atty, Delahay replied that Atty, Schlereth asked Atty, Garnett to notify us at $5,000 of expenses, but we've exceeded that, He didn't know how much, Councilman Malston asked if this includes the Constellation and ono other, Atty. Delahay replied the Constellation is the smaller amount, Councilwoman Glick noted that when it first came up, it was supposed to bs $3,000 to $6,000. Atty, Delahay replied that might have been the estimate, it has gone above this. Motion passed unanimously by roll call vote, 0-3 Ordinance 555-30 - Amending Title 4 of Uniform Building Codes, Exit Facilities. I i • r J 1 KENAI CITY COUNCIL MARCH 10, 1080 Page 14 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. 0-4 Ordinance 556-80 - Amending Municipal Code - Reconsideration of An Action at the Same Meeting MOTION: Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance, Motion passed unanimously by roil call vote. 0-5 Resolution W32 - Election of Debt Approval for New City Hall - $400,000 MOTION: �. Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. Carmen Gintoli, architect, spoke. He explained that he had told peoples that the resolution was coming up tonight, but he didn't ask them to testify. JoAnn Hagen, public health nurse, spoke. She said she was in support Of the health center in the City Hall. They are currently providing services in deplorable conditions. Mayor O'Reilly asked her how many people she services, Ms. Hagen replied 9000 in the last two years, The heaviest is immunizations, two times a week, They average 120 people going through in an afternoon, Mayor O'Reilly asked if she had looked at the plans. She replied she had. Mayor O'Reilly asked it she felt there was any conflict with the City services. Ms. Hagen replied no, they are downstairs, and have use of the lobby. John Wise spoke, He said he agrees with the building of a new City Hui', The resolution was a properly prepared document. The resolution asks it the $400,000 is by bond or by cash, not whether or not the building should be built. He opposes the resoludon in its present form. The revised version should be: �1 KENAI CITY COUNCIL MARCH 19, 1080 Page 15 "Building of City Hall building should include the question as whether or not we should build the building and should we build ' it with bonds." Methods of financing are: 1. CEIP 2. Civic Center Bond 3. General Obligation Bonds o Capital Improvement Bonds (Total $950,000) Federal funds are authorized and loan funds may be avoidable at 4% Interest. There are a number of reasons people will support the building: 1. The terminal needs upgrading 2. Jobs are a plus in the building field 3. Construction will incur downtown development 4. 4% at well -below rate will free funds for other projects. There are other benefits, true, but what will that do to the mill rate? Mayor O'Reilly noted he believed the Farm Home rate to be 5%. Mr. Wise said in any case it is a legally approved federal funding The is, are the funds available. We have program. question should started five months ago. You are not asking the right questions. It you can't justify the building, no matter how much it is needed, to the benefit of the taxpayers of the City, you should resign. The res- olution is wrong. We're tired of being told what is good for us. Mayor O'Reilly then declared a recess for the Council to read the memo from him to the Council and Administration regarding the $400,000 to be financed, and methods of doing this. Atty, Delshay read the amendments proposed to be made on the a resolution. Carmen Ointoli spoke. He noted if the Council decides to amend the ballot, the contractors will not go out to bid until this is settled. It would cost the Contractor $5,000 to $7,000 to put out a bid, he will ' not do it if there are any questions. Councdiman Malston noted, on the days advertised, he thought the ad should be in Wed ,iesday's paper, so it will go to everybody. Atty. IJ f E i r � F -- r a: I i .1 , , , e.1 — — f KENAI CITY COUNCIL MARCH 19, 1000 Page 16 Dolahay listed the dates of publishing: March 21, 26 a 28. He explained the code only requires it to be advertised twice, but we wanted it in the advertising k entertainment issue to give the widest possible view, Councilwoman Glick noted it would not make the Thursday edition (March 20, 1980) , Atty. Delahay explained it had already been placed in the paper, and could be retreated if the Council chose, Councilman Malston suggested the ad be placed in two Wednesdays, Atty, Delahay said that could be done, that will make it a total of five times, il.riyqleRf Councilwoman Glick moved, seconded by Councilman Measles, to amend the resolution as per the amendment put out by Atty. Delahay. Motion passed unanimously oy roll call vote. Councilwoman Glick took the Chair, Mayor O'Reilly spoke, He reviewed his memo, and said Finance Dir- ector Brown had told him it we put all we could into the building, we would find outselves in a squeeze, Alaska Pacific Bond Bank handles municipal bonding, Dave Rose, of the Alaska Pacific Bond Bank, is asking for subsidy to fill in the difference between municipal bond limits and the bond rate, Farm Home had 5% bonds from the City for water 0 sewer, It has been stopped by federal policy, we won't know till April if funds are available, We must realize: a, We have stated publicly we intend to build City Hall b, We have sufficient funds to finance, but this would cause capital improvement fund narrowness in 1982-1993, c, We have the worst bond market in history, the worst time to borrow, d, Is it better to put the funds into TCD's or construction, If we pass the resolution tonight, we vote April 9. We could go to the municipal bond bank, If this is disapproved, we can pay cash, balancing lodgment that cash is better in building than in money certificates, We could wait until 1982 or 1093, things would get better and borrow at that time, or proceed with the vote, go to Perm heats, have a 2nd election for sewer plant expansion. Or if the vote is negative, go to FIIA with the resolution for a vote to borrow momWp or proceed with cash and wait till the money ,situation gets better, J KENAI CITY COUNCIL MARCH 10, 1980 Page 17 Councilman flail asked if the entire resolution was on the ballot, Atty. Dolahay ,said just the proposition. Councilman flail said on the proposition, the only mention of figure is $400,000. There is no mention of the $900,000, Unless the public has been following the procedures, it is very misleading, As he understands it, it is going to be built anyhow. Also, as he understands it, $000,000 is not true anyhow, such as street preparation, equipment is not included. What is the total dollar figure for equipment? Councilwoman Glick asked Mr. Gintoli it we are still looking at $1 Million plus, Mr. Gin- toli replied he had told the Council he would revise it to give the cost at under $1 Million, All indications are we should get it at $1 Million. The builder told him he was 10% higher, Councilwoman Glick asked if the equipment was included. Mr. Ginto:i replied no furnishings were included. The acoustical partitions and counter in the lobby are the only furnishings included, Councilwoman Glick asked were the on -site water a sewer included. Mr. Gintoli replied only to the street, Councilwoman Glick asked if it goes to Beaver Loop, Mr, Gintoli replied water rti sewer and gas will go to Main Street loop. The electricity will go to Pidalgo, none on Beaver Loop, Councilwoman Glick noted we will have additional charges to go to Beaver Loop, public Works Director Kornelis said when we get into construction phase, we have no idea when water a sewer will go to Beaver Loop. Mr, Gintoli said as it stands now, utilities will go to Beaver Loop, It you change it to Pidalgo, it will cost more to go around the building, Mayor O'Reilly, said we are applying for $1,900,000 for sewer on pidelgo, Council- man Hall asked Mr, Kornelis, there has been no engin- eering? Mr. Kornelis replied Mr. Gintoli has designed so we take from existing lines on Beaver Loop, There is a good chance CEIp will provide lines down Pidalgo, Bidarka a Barnacle. The only problem is getting approval by conatriW- lion beeginning, We will have to decide at the next meeting, Councilman Mueller said he agreed with Council- man Hall, He would like to have the cost inserted in the ballot, Council- woman Glick asked in the ads, is there a breakdown of various break- downs of money, or could it be done? Mayor O'Reilly noted a change would mean there would be a legal problem, Atty, DPlahay explained it would not be a legal problem, but it could be misleading, We don't know till the bid is in, it is an estimate, Ali you are Baking them to do is vote $400,000, Mayor O'Reilly noted Councilmen Hall and MWUer feel the $1 Million should be inserted, Councilmen Hall and Mueller agreed, Atty. Delahay sdd if you change, you will change the election time. Mayor O'Reilly asked, is the April 9 date for budget review? Atty, Delshay replied yes, Mayor O'Reilly asked why, Atty, Delahay explained whether the budget will be all used for City Hall or for other projects, Mayor O'Reilly noted we have two budgets, capital and operating, unless there are principal and interest repay- KRNAI CITY COUNCIL MARCH 10, 1980 Page 18 ments in 1980. He asked Mrs. Parnell if she knew of any. Mrs. Parnell replied no. Atty, Delahay said there is no urgency as far as the building costs, we have cash. Councilwoman flick asked if we break down the total in the paper, would that help. Councilman Measles suggested we make the breakdown separate, have a separate article with the breakdown. It doesn't have to be part of the notice. Councilman Hall said if they see all the proposal, they would be more receptive. Mr. Kornolis said we could have the corrections next to the notice in the paper. Councilwoman Glick asked if the corrections are already in the paper, Atty. Delahay replied yes. Mayor O'Reilly stated if there are any errors in the election process, the City Attorney and the City Clerk are not in error. The situations change so fast, they have had difficulty keeping up with them. He then explained to Councilman Hall that the $400,000 bonding issue has not changed, Just the explanation a$ to how financed. Councilman Hall said he would like to have the $900,000 in the proposition. Mayor O'Reilly asked if the Council should expend $1 Million without voter approval. Councilman Hall replied no, we already made a decision on that. Just lot the voters know they are looking at $1 Million, not $400, 000, Atty, Delahay noted the only necessity on the ballot is borrowing money, the estimate could be changed. It will also change the voting time if we change the ballot. State law requires municipal advertising on the total bond indebtedness, is not required of a home rule city. The intent of the City is to do this anyhow. This is more information going out to the voters, but it is not required. Mayor O'Reilly said if we change the figure to $1 Million on the ballot, after "portion of funds," That seems to be the beat figure. He asked Atty, Delahay if that would be acceptable. Atty, Delahay explained it would change the election date, but that is up to the Council. Mayor O'Reilly noted we have a problem with Finance Director Brown and the budget and a contractor's problem with the delay. Counoilman Mueller said he was under a misunderstanding. As long as it is in the ad, it doesn't have to be in the ballot, Mayor O'Reilly reminded the Council that if we vote yes, and the people vote yes, we have to go to a bond bank, there Will be more delays, Councilman Mueller noted the ballot proposal says there can be other types of indebtedness, Farm Home can be used. Mayor O'Reilly replied except Farm Home will not take a City Hall building, John Wise spoke. He said he disagreed with the Council, Councilwoman Glick referred to Mr. Wise's state- ment, "Give the people a chance to vote on the building," she asked Atty. Delahay, do we have to give the people a chance to vote to build. Atty. Delahay replied no, if you have any question, you can bring a referendum to the people. The only time you must bring it to the people is when you borrow money, Councihyoman Glick asked a rhetorical question, how did we arrive at the decision to build a J f KENAI CITY COUNCIL MARCH 19, 1980 Page 19 city hall, we needed a building, at first we just wanted any building. Then the need changed it to adding Council chambers. We had various offers. The Northern Commercial building needed water s sewer changes. The Baldwin a Rogers Building (sic: Trading Bay Professional Center) was reviewed. it also required renovation. Councilman Hall said he had ino question that we need a building. Councilwoman Glick said she just wanted it on the record that we did look at other offers. John Wise spoke. He asked, are you afraid the voters will refuse if it went to a vote? Councilwoman Glick replied no, She has seen no petitions, she has received no phone calls. Mr. Peterkin changed his mind after Atty. Delahay spoke to him. Mr. Wise asked, you're going to have an election. Are you afraid to ask for a vote? Councilwoman Glick asked is it necessary? Mr. Wise replied he would rather be morally and ethically right. Councilwoman (click said it was approved at Planning 0 Zoning, Council has the right to make decisions. Mr. Wise said, why not ask? Councilwoman (click took the chair, Mayor O'Reilly spoke. He said time to important. Building costs es- calate daily, if we con satisfy moral and ethical considerations, the people are well -aware of the Council members. There are a number of reasons r the Council has been delayed. Other buildings have been shown, with a 30 year life, a building fresh and new is the prudent way to go. He suggested advertising with full disclosure, without influence one way or the other, the full course of project, the full source of funds. MOTION: Councilman Hall moved, seconded by Councilman Mueller, to adver- tise the project, with full disclosure, without influence one way or the other, the full eourse of the project, the full source of funds. Motion passed unanimously by roll call vote. Mayor O'Reilly said he will be in contact with Farm Home and the bond bank. He reminded the Council to be aware we are in dangerous waters. Councilwoman thick noted we do not have to make the decision tonight. Mayor O'Reilly replied he will notify Dave Rose tonight and be "plugged ±n." Councilman Mueller said he had some information on Farm Home, _-- he will give to the Mayor. (1-0 Resolution 90-33 - Transfer of Funds, General Fund Budget _ p e8 Department Employee to Attend Seminar - $300 o s� r� 1 . KENAI CITY COUNCIL MARCH 19, 1080 Page 20 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public response, Motion was approved unanimously by roll call vote. 0-7 Resolution W34 - Supporting Senate Bills 451 a 452 - Mini -Dome MOTION: Councilman Malston moved, seconded by Councilman Hall, to approve the resolution. i Parks h Recreation Director McGillivray spoke. He said he was asking for support of the bill, the bill is just a study. Mr. Gintoli spoke. He said he is not a resident of the City, he does not oppose the facility, just oppose the energy -inefficient buildings. Insulation in the roof of the City Hall is 100 times better than the u-value they describe in the mini -dome. He referred to the information from the material that Mr. McGillivray had, u-value of 2.8 in the mini -dome roof. Mr. Gintoll. continued, their reports say there is no heat loss through the roof, yet they state they remove snow from the roof by blowing warm air through two membrane layers to melt snow from the roof. Motion was approved unanimously by roll call vote. 0-8 Resolution W35 - Transfer of Funds - General Fund - Moving Ex - penes for City Manager - $5, 500 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public response, Motion was approved unanimously by roll call vote, Resolution W36 - Transfer of Funds, General Fund - Patching Library Roof - $1,800 a l.•wy rlr fill ( :MJ', ,li - 1 KLNAI CITY COUNCIL MARCH 10, 1080 Page 21 MOTIONS Councilman Malston moved, seconded by Councilman Measles. to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. 0-10 Resolution 80-37 - Transfer of Funds, General Fund - Attorney Pees Kenai Peninsula Newspaper Case - $2,000 MOTIONs Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. 0-11 Resolution 80-38 - Transfer of Funds, Fire Personnel Vniforms - $350. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approvo the resolution. i' There was no public response. Motion passed unanimously by roll call vote. ,q 0-12 Resolution 80-39 - Transfer of Funds, Airport Operations Manager to Attend Seminar - ;100 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. i J i c h 0 .X i k � I KENAI CITY COUNCIL MARCH 10, 1080 Page 22 0-13 Resolution 80-40 - Transfer of Funds - Police, Jail Uniforms - $668 MOTION: i Councilwoman Glick maned, seconded by Councilman Measles, to approve the resolution. There was no public response, Motion passed unanimously by roll call vote. 0-14 Resolution 80-41 - Transfer of Funds, Shop Operating Supplies - - $0,500 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote, 0 15 Resolution 80-42 - Support of Susitna Hydropower Project MOTION: o j Councilman Malston movedo seconded by Councilwoman Glick, to approve the resolution. There was no public rosponse, Motion passed unanimously by roll call vote, y. 0-16 Resolution W43 - Authorize City Manager to Execute Agreement with Soil Conservation Service and Amend Contract with USKH Atty. Delahay explained this was from Ordinance553-80, MOTION: -- Councilwoman Glick moved, seconded by Councilman Malston, to approve the ordinance. -- There was no public response. i I 8 - - I 1 KENAI CITY COUNCIL MARCH 19, 1980 Page 23 Motion passed unanimously by roll call vote. 0-17 Resolution 80-44 - 1980 Airport Electrical Improvements Councilwoman Glick explained at the Public Works Committee meet- ing, all were about the same when reviewed more closely. Galliett was removedbeeause Mork's Eng. had no airport experience in his credentials. C112M Hillis the most complete. Forst had additional costs, it to a preliminary figure only. Wince, Corthell is $50,000, the inspection is above that. The committee recommends the con- tract go to Wince, Corthell. There was no public response. Motion passed unanimously by roll call vote. 0-18 Lease Renewal of Airport Lands - Wometco Lathrop Co. At the request of Atty. Delahay, this will be deferred. He explained this is in the airport clear zone. Councilwoman Glick said the lease with Mukluk is also in the clear zone. She asked Atty, Schlereth If it was okay, he said it was. Atty. Delahay explained it may be res- triction on height, but he would like to check it out. Council . oncurred with deferment. 0-19 Lease Renewal of Airport Lands - Ackerly a O'Connell Mayor O'Reilly noted this should read, "Assignment of Lease." MOTION: Councilman Malston moved, seconded by Councilwoman thick, to approve the assignment of lease. Motion passed unanimously by roll call vote. 0-20 Wince, Corthell, Bryson a Freas - Billing for Frontage Road - $10,374 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the bill. J fI I a o KENAI CITY COUNCIL MARCH 10, 1980 Page 24 Motion passed unanimously by roll call vote. G-21 Wince, Cortholl, Bryson s Press - Inspection on Airport Way - $1, 808 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the bill. Motion passed unanimously by roil call vote. 0-22 Wince, Corthell, Bryson a Prose - Basic Engineering, Airport Way - $1, 496.78 MOTIONs Councilman Malston moved, seconded by Councilwoman Glick, to to approve the bill. Motion passed unanimously by roll call vote. 0-23 Wince, Corthell, Bryson a Press - Construction Services, Well House #101- $200.34 MOTIONs Councilman Malston moved, seconded by Councilman Measles, to approve the bill. Motion passed unanimously by roll call vote. 0-24 Office Space for Jim Swalley - Sub -Lease from AAI Mayor O'Reilly asked Airport Manager Swalley if he just wanted approval to negotiate. Mr. Swalley replied yes. MOTION: - Councilwoman Glick moved, seconded by Councilman Measles, to s approve the proposed action to sub -lease from AAI. Motion passed unanimously by roll call vote, ` H REPORTS A5'; r= KENAI CITY COUNCIL MARCH 10, 1980 Page 25 H-1 City Manager Acting City Manager Kornelis said C112M Hill did not show up on agenda item C-2. He explained the sewer treatment plant problems. There to a new regulation that we may have to chlorinate and deehlor- inate outfall. We will need samples from the beaches. The interceptor line has been pulled out of the grant. He discussed a letter dated June 20 regarding the interceptor line through old town or through Spur Hwy. Council approved the old town line. C112M Hill said they did not have soil samples. Mr. Kornelts reviewed the records, and found CH2M Bill has concentrated their efforts on Spur route. He be- lieved they will be back asking for an increase in their grant. Coun- cilman Malston asked didn't they recommend the Old Town route? Mr. Kornelis replied yes, and they said they would be replacing the lines on the bluff. Because of the problem with the soils, we are asked to take this out of the grant leases. The City has sent a letter to DEC. He said he explained the importance of the interceptor line. The grant has been reduced to$1,085,000. The total reduction is $1,780,000. It will go back in under Phase I (Sewer Treatment Plant, Phase II (interceptor Line), Phase III (Outfall). The Outfall is next year's project. Councilwoman thick asked, will Mr. Kornells got written statement to that affect? Mr. Kornelle replied no, he could not put It in writing. When we send in the new grant application, he will rush it through. Councilman Malaton asked when will that go through? Mr. Kornelis replied as soon as soils are done and they get the eng- ineering out of the way. He has a copy of the letter the administration sent out if the Council is interested. Mayor O'Reilly asked U he needed a vote. Mr. Kornelis replied no, there will be a meeting March 20, and the bid opening is April 3. Mayor O'Reilly asked if the major part Of the Construction will go through this summer. Mr. Kornelis replied yes. Mr. Kornelts discussed the grant application for Pidalgo, Barnacle and Bidarka. The City has been deferred for the projects. He.has asked for $55,000 to do a study from the deferred money. There is a good possibility they will accept it. If no word is received by April 2, we will bring it into Council for authority to study, Mayor O'Reilly noted we have promised the State we will have a study ready by July 1. Councilwoman Glick asked will you do the engineering in- house? Mr. Kornelis replied no, is we cannot get it by Ap211 2, we will have to do it with our own money. Mr. Kornelis then noted there to more moneycoming up in CEIP, he has applied for street projects. The chances are questionable, we are one of many, I J t 7 t • , KENAI CITY COUNCIL MARCH 10, 1080 Page 24 Mr. Kornolis reviewed the lube rack as mentioned in his memo. He then roviowed the street map and house numbers status. March 21 and March 22, Public Works personnel will be at the Mull to give out house numbers. Ito then discussed the street name changes. There will be a hearing at the next Council meeting and next Planning a Zoning meeting. Tho resolution will be at the next Council meeting. H-2 City Attorney Atty. Delahay noted he will not be in the office March 20, 1980, he will be reviewing the bankruptcy files on Sea -Catch. He than discussed the "Connie." We might have to start suit to got the plane back. He noted if anyone heard booms, the City is hold harmless on this. They are seismograph toots, there will be another one coming iri. H-3 Mayor Mayor O'Reilly noted the letter from Chief Winston. He has prepared a letter for Council review, but it has not been sent. He would like Council approval. There was no objection from the Council. Mayor O'Reilly then noted Visions had wanted a ,sample house in Kenai, the Mayor's house didn't work. He then discussed the Job Corps. Ile may have a consultant job with Wildwood, he wanted the Council to know. Mayor O'Reilly nominated Marvin Dragseth for the harbor Commission. MOTION. - Councilman Malston moved, 0000nded by Councilwoman Glick, to approve Marvin Dragseth for the Harbor Commission, Motion paused unanimously by roll cell voie, The Mayor asked if some of the Council members would review I I i i s , ti 1 I� I i, KENAI CITY COUNCIL MARCH 10, 1080 Pago 27 the City jail. Councilwoman Oliek and Councilman !tall said they will go over. The Mayor than reviewed the coming trips to Juneau. Commissioners Wagoner aid Aragseth from the harbor Commission will go down and hand out the capital improvement project booklets, flick Morgan of the itcoroation Commission will go down with the youth center, The Mayor will be down all the week of March 24,1980, plus the Mayor's conference. April 15,1080 the Harbor Commission information should be ready. We need Council involvement. Itegarding the Municipal Assistance Fund - We presently have $130,000 coming in, it could be $280,000 to $300,000 for 1970-1080, $440,000 for 1980-1091, Ito suggested the Council contact the log- islators it they can. Councilwoman Glick suggested the Mayor inform the Council of the i patent on Section 30, Mayor O'Reilly did no, and asked Atty, flolahay if it had been recorded, Atty. Aolahay replied yes, Mayor O'Reilly said we should lot Planning & Zoning knows 1. The City's intent to send to the private interest a letter as soon as it is platted, 2, Use the comprehensive plan as a base guide line for Planning and Zoning to work with Councilman Molaton sold we should have a work session with Planning and Zoning to start off, Mayor O'Reilly suggested Planning & Zoning could take 5 people from the hand Committee to review and bring in- formation back to the Council, with reasonable haste, then have joint work sessions with Planning a Zoning, MOTION: Councilwoman Glick moved, seconded by Councilman Maleton, for formal acceptance receipt of Section 30, 1+fotion passed unanimously by aril call vote, . UOTIONs -- Councilwoman Glick moved, seconded by Councilman Malston, that Section 36 be referred to Planning 4 Zoning and a small nucleus of i former land commission members do some ground work. The land Committee would start procedures to dispose of land using the compre- n;; z - r i� �f r I KENAI CITY COUNCIL MARCH 19, 1080 Page 28 el pensive plan, bring to Planning a Zoning for review. Their mandate is to move this land as rapidly as possible without playing the real estate market, Motion passed unanimously by roll cell vote, Mayor O'Reilly said the budget for handling capital improvement plan does provide for secretarial services. The administration is swamped, the City Clark noted last year there had been 100 letters typed for the Mayor, this year there have 140 in the first two months, Did we pass a resolution for this? Councilwoman Glick said she thought we had transferred funds. Mayor O'Reilly directed Atty. Dolahay to research these funds, and notify Council as we may have to hire extra help, He noted Homer has spent many trips and a year on their project for their harbor proposal, Councilwoman Glick said on the update of the capital improvement projects booklet: some of the Council had already seen the document, and she noted all the administration had worked on the job. The Staff should be recognized for their excellent job, There ware 09 copies made. 11-4 City Clerk Mayor O'Reilly reminded Clerk Whelan to get the Oaths of Office for Atty. Delshay, etc., done, Clerk Whelan replied yes, O-b Finance Director None 8-8 Planning and Zoning None 0-7 Kenai Peninsula Borough CounaHwom,sn Mick reported *n the comprehensive plan. 4 other plans were reviewed 00 she reported how the Assembly members voted. She said our plan does not show areas to be annexed, It also shows how outside areas could affect inside areas, She explained Council- man Ambarian moved for introduction, and amended the motion for the deleted ;Portions, The amendment failed, the main motion failed. Mr. Bong voted with the City. Assembly momber Corr moved for re- sideraticn, If the missing men, berg ore at the next meeting, we will win, Couneilm= Measles asked, with the amendment? Council- woman Click replied yes, Mayor Olteflly said he wished to eompli- J i i i t 4 ■ l 4+ 0 KENAI CITY COUNCIL MARCH 19, 1980 Pago 29 ment Councilwoman Glick for going over to deal with the situation. 0-8 Harbor Commission Mayor O'Reilly read the letter from Bob Roper. He said Mr. Roper is looking at several large lease payments and having difficulty fi- nancing. Chances are the City will end up having it for a small boat harbor site. I MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that a request to repurchase leases B&C in the amount of $150,000 has been tendered to the City. The Commission recommendation is to turn down the offer. We accept the recommendation of the commission. I Motion passed unanimously by roll call vote. Councilman Malston asked has he been paying on the lease? Atty. Delahay replied he is current, his next payment is July 1. Mayor O'Reilly noted, it is unfortunate, the man did try. I PERSONS PRESENT NOT SCHEDULED TO BE HEARD Councilwoman Glick said Mayor O'Reilly had asked about the letters from Ted Forsi a Assoc. regarding the Kenai and Soldotna airports. On Dec. S, 1979 he came before Council and offered to lobby. This is the only time he has done anything for us. Mr. Forst said he has been working with us for two years. He said Kenai has shown an in- terest, Soldotna has not. He has misrepresented himself. Public Works Committee recommends Mayor O'Reilly write a letter to Mayor Gilman and Mr. Larson of the FAA, stating: I. Mr. Porsi appears to have misrepresented himself and his lobbying efforts of Aug. and Dec. 1079. 2. Mr. Porsi has not communicated with Kenai any ideas on transportation study. We are totally in the dark as to where he got the idea. 3. Woodward -Clyde is involved in a study with the Borough on all forms of transportation, is part of a regional transportation study, part of the City plan. The Alaska Municipal League has a grant for a study. Since studies should not be redun- dant, we feel this is unnecessary. M. I A KENAI CITY COUNCIL MARCH 19, 1080 Pago 30 She further stated Mr. Forst came before Council as being a lobbyist on Doo. 15, 1970. Mr. Swalley, Mr. Brown and Mr. Kornolis wore involved with ADAP grants. We should probably be getting money for electric generators. FAA is concerned with the safety aspect. Mr. Forst received the contract with no starting or ending contract. Since we have received a grant on electric generators, Mr. Forst should be contacted and ask for an accounting, and the contract closed. Mr. Kornelis, Mr. Swalley and Mr. Brown can cover any more action. MOTION: Councilman Malston moved, seconded by Councilman Measles, to have administration contact Mr. Forst, ask for an accounting, and close his contract. Councilman Measles said we owe him $460.00 lie would come back before he went any further. Councilwoman Glick replied yes, we would want it substantiated. Mr. Kornelis said he is required to sub- mit a justification report. Ile said he would ask for it at the time of the billing i Motion passed unanimously by roll call vote, Councilman Malston asked Atty. Delahay, after receiving a report from Atty. Garnett regarding the Clarion suit, we have spent several thous- and dollars, how does he feel about the suit? Atty. Delahey replied we have no other alternative. It is an important enough point and chances Of winning are good enough that it should be pursued. We've spent so much money, we should go forward. Mayor O'Reilly asked do we get the tees back? Atty. Delshey replied in the Supreme Court they usually give costa like $80 filing fee and atty. fees, Councilwoman Glick asked if he felt the case is weakened from what it was. Atty, Delahay replied a little weakened, but worth the money. ADJOURNMENT Meeting adjourned at 1: 00 AM Respectfully Submitted, 1 7�H J Whelan, City Clerk i lo a 1