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Home My WebLink About1980-04-16 Council Minutes-fir — --�-- -- — — — -- ---- — — — r AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 16, 1980 PLEDGE OLD ALLEGIANCE A. ROLL CALL AGENDA APPROVAL Be PUBLIC BEARINGS 1. Ordinance 557-80, Establishing Capital Project Fund - Bidarka, Barnacle ` Fidalgo Streets - 051,000 2. Ordinance 558-60, Amending Title 14, 15.010 Numbering Buildings; Uniform Numbering System 3. Ordinance 559-80, Amending Code to Provide Authority to City Attorney to Correct Minor Errors in Code 4. Changes to Facilities Plant (Interceptor Line) C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Doris Lashley - Serendipity Enterprises D. MINUTES 1. Corrected Minutes of February 6, 1980 2. Minutes of Regular Meeting - March 19, 1980 Be CORRESPONDENCE 1. Lloyd z Hazel Dyer - Lease Extension-Etolin Subdivision 2. Leo Oborts - Water Damage on Road F. OLD BUSINESS 1. Amendment to Jack Thompson Lease (Lot 10, Alyeska Subdivision) G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 561-80, Appropriating Monies in Amount of $10,500 for Purchase of Micro -film J System. 4. Ordinance 562-801 Increasing Revenues and Appropriations, $6,500, For Additional Overtime for Police Department. 5. Ordinance 563-80, Increasing Revenues and Appropriations, $12,000, For Shop Budget Operating Supplies and Repair and Maintenance. 6. Resolution 80-56, Transfer of Funde For Emorgency Repair Work on Taxiway Lights-$2,500 7. Resolution 80-57, Transfer of Funds For Overtime in Water 6 Sewer Due to water Sewer Line Breaks - $2,500 8. Resolution 80-58, Transfer of Funds For Shop Utilities Through End of Fiscal Year - $885 9. Resolution 80-59, Transfer of Funds - Public Works, Advertising 6 Vacant Position - $300 10. Resolution 80-60, Transfer of Funds -Parks - Athletic Field Fencing - $250 11. Resolution 80-61, Transfer of Funds -Parks - Hiring of Umpires - $750 12. Resolution 80-62, Transfer of Funds -Parks - Appraisal of Park Lands - $200 13. Resolution 80-63, Transfer of Funds -Parks - Hire Department Assistants - $2,000 13. Resolution 80-64, Declaring City Has No Industrial Wastes Discharging Into Wastewater System 14. Resolution 80-65, Awarding of Enalnoer Contract improvements - Fidalgo, Bidarka, Barnacle, Caviar and Redoubt 15. Resolution 80-66, Awarding Contract for Lube Facility and Shop Addition 16. Resolution 80-67, Awarding Contract for Sewer Treatment Plant 17. Resolution 80-68, Transfer of Funds for Correctional Officer from Jail to Attend Training Course - $1,000 19. Resolution 80-69, Awarding Contract For Playground Equipment 19. Approval of Agreement to Furnish Engineering Design Services (Standard Contract) 20. Prollminary User Charge Analysis -Sewerage System 21. Union Oil - Drilling Permit - Cannery Loop Unit, 91 Well 22. Deed of Release - FAA Land (Airport way) 23. Memo Requesting Authorization For Suit Res Constellation Aircraft (Attorney Report) 24. Memo Regarding Rejection of Compromise on Stoehner Lease 25. Ted Forsi & Assoc. - Final Billing on Airport Grants Lobbying - $370.00 i N. ..-'..141 r.,,__s=^.r-r...,,.-;-. II 4 I. H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning i Zoning 7. Kenai Borough Assembly S. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT a � I 6 fTI 1• ' KENAI CITY COUNCIL REGULAR MEETING - APRIL 10, 1980 KENAI PUBLIC SAFETY BUILDING VICE -MAYOR BETTY GLICK PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Dick Mouller, Ed Ambarlan, Ray Measles, Betty Glick Ron Malston, Joss Hall Absent: Vincent O'Reilly AGENDA APPROVAL Vice Mayor Glick notified the Council that 0-13 was listed twice. The agenda was corrected accordingly. B. Ordinance 557-80 - Establishing Capital Project Fund - Bidarka, Barnacle & Fidalgo Streets - $51,000 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the ordinance, including the three streets. There was no public comment. Motion was approved unanimously by roll call vote. B-Z Ordinance 558-80 - Amending Title 14, 15, 010 - Numbering Build- ings - Uniform Numbering System MOTION: Councilman Malston moved, seconded by Councilman Hall, to approve the ordinance, Councilman Malston asked do we have an ordinance that enforces the numbering system, so that people are required to number their houses? Public Works Director Kornelis replied yes. Councilman Measles asked how does this change the Code? Mr. Kornelis replied we are backwards from the Borough, this will bring us in conformance with the Borough, Councilman Measles asked then we do not have to go back and change names? Mr. Kornelis replied no, we will have to change a few. Council- man Malston asked, in the present Code, some of the streets were supp- osed to be named after famous people, animals, etc. Mr. Kornelis said he could not find anything relating to that. He doesn't believe it is 1• ' KENAI CITY COUNCIL REGULAR MEETING - APRIL 10, 1980 KENAI PUBLIC SAFETY BUILDING VICE -MAYOR BETTY GLICK PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Dick Mouller, Ed Ambarlan, Ray Measles, Betty Glick Ron Malston, Joss Hall Absent: Vincent O'Reilly AGENDA APPROVAL Vice Mayor Glick notified the Council that 0-13 was listed twice. The agenda was corrected accordingly. B. Ordinance 557-80 - Establishing Capital Project Fund - Bidarka, Barnacle & Fidalgo Streets - $51,000 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the ordinance, including the three streets. There was no public comment. Motion was approved unanimously by roll call vote. B-Z Ordinance 558-80 - Amending Title 14, 15, 010 - Numbering Build- ings - Uniform Numbering System MOTION: Councilman Malston moved, seconded by Councilman Hall, to approve the ordinance, Councilman Malston asked do we have an ordinance that enforces the numbering system, so that people are required to number their houses? Public Works Director Kornelis replied yes. Councilman Measles asked how does this change the Code? Mr. Kornelis replied we are backwards from the Borough, this will bring us in conformance with the Borough, Councilman Measles asked then we do not have to go back and change names? Mr. Kornelis replied no, we will have to change a few. Council- man Malston asked, in the present Code, some of the streets were supp- osed to be named after famous people, animals, etc. Mr. Kornelis said he could not find anything relating to that. He doesn't believe it is ■ KENAI CITY COUNCIL APRIL 16, 1980 eft) Pap 2 in our Code. Councilman Measles said he would look later, he thought we did. Atty. Delahay read from the Code. Ile said after this is enforced, all now houses will have to have numbers, but the present houses do not. There was no public comment. Motion passed unanimously by roll call vote. D-3 Ordinance 550-90 - Amending Code to Provide Authority to City Attorney to Correct Minor Errors in Code. MOTION: Councilman Measles moved, seconded by Councilman Malston, to approve the ordinance. Councilman Malston asked who decides what changes will be made? Atty. Delahay replied, the City Attorney. The purpose is to correct minor problems that go wrong. Councilman Malston said he under- stood, but a different attorney could change the whole intent of an ordinance. Atty. Delahay explained the ordinance prevents this. There was no public comment. Ordinance passed with Councilmen Mueller, Measles, hall and Councilwoman Glick voting yes, and Councilmen Ambarian and Malston voting no. B-4 Changes to Facilities Aloft Onterceptor line) �s�'- Loren Leman, of C112M Hill spoke. He said the public hearing is a requirement of EPA and the State of Alaska. Last June we discussed a primary change from the Church of the New Covenent, down Spur Highway and down the ravine to the sewer treatment plant. We looked at the alternative through Old Town. Key points are: 1. Route is changing 2. Costs are not significantly higher other than inflation factor. He (wither explained by routing through Old Town, we are able to eliminate some changes due in future years. Because of projected growth rate that did not occur, the line by the Church of the New Covenent may not have to be built* One thing, funding is questionable because the EPA has withdrawn all 1980 funding. We do not know n tgtu KENAI CITY COUNCIL APRIL 16. 1080 Page 3 what the State of Alaska will do, we won't k ow till June. Submission to EPA will be after the May 12 cut-off dateA rounctiman Mueller noted we have two alternates on the plan, which is being used? Mr. Leman explained figure 2 in the diagrams. Mr. Kornolis asked Mr. Leman if a resolution was necessary, Mr. Leman said you could wait till May 12. Mr. Kornelis asked if this won't hold up the design work. Mr. Leman explained no, this is just a formality, barring any unforeseen nega- tive action. Roger Meeks spoke. He asked Mr. Leman if the line goes down Cook, this is a paved street. Mr. Leman replied yes, but this is at least 5 years away. Councilman Malston said if it could go down a graveled street, we could get more for less cost. A paved street is never the some after it has been torn up. Vice -Mayor Glick told Mr. Leman after May 12, 1980, we will have a resolution. C PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Doris Lashley - Serendipity Enterprises c: Mrs. Lashley said the Serendipity Hotel was planned in 1976. The site chosen was FAA lands, it took two years to release the site from the FAA. She still thinks that is the perfect spot. Serendipity is a wholly owned subsidiary of Sea Catch. Sea Catch is now operating at full operation. They have many interested investors, but the in- vestors are not willing to go when the company is in trouble, She had hoped they could bond with the City. She would aske for 90 days extension. She wants to sever the relationship between Sea Catch and Serendipity. Atty. Delshay gave the background of the Serendipity lease. He ex- plained at the last meeting he was told to prepare notice for payment to be made in 30 days. It amounted to $30,000, annual payment is $32,000, at $2,700 per month. Councilman Hall asked how much are they in arrears. Atty. Dalahay replied through April, $30,000. Coun- cilman Measles asked do we have anyone interested in the property? Mr. Kornelis replied he didn't know. Councilman Ambarian said he still felt the project has been in close cooperation with the City. He doesn't think we can afford to cancel. MOTION: Councilman Measles moved, seconded by Councilman Malston, to grant a 90 day extension to Mrs. Lashley, and she is to report back at that time. Motion passed unanimously by roll call vote, KENAI CITY COUNCIL i APRIL 4 16, 1080 Page a D MINUTES r D-1 Corrected minutes of February 6, 1980 i Minutes wore approved unanimously by voice vote as presented. D-2 Minutes of Regular Meeting - March 19, 1980 Page 30, paragraph 3, was corrected to read, "Councilman Measles said we owe him $450.00." Minutes were approved as corrected unanimously by voice vote. E CORRESPONDENCE E-1 Lloyd s Hazel Dyer - Lease Extension, F.tolin Subdivision , Councilman Ambartan asked for the attorney's opinion, how can a person cancel without penalty? Atty. Delahay explained any con- - ' tract can be changed with consent of both parties. Atty. Delahay notified Council that he has represented those people in the past, but not on this item. He said we have three choices: 1. Let the lease go and sue for non-payment 2. Cancel 3. Accept partial payment 1 He said he would advise not to accept partial payment. They are not in arrears, it the lease is canceled, the land is available for o someone else. I ` MOTION: I! 1 Councilman Ambarian moved, seconded by Councilman Malston, to grant the Dyers request, effective June 30, 1980, to discontinue the 5 lease. Motion passed unanimously by roll call vote. I E-2 Leo Oberts - Water Damage on Road -- Mr. Kornelis spoke, He has additional information, he a-,:rvoyed the roads and can't f nd any damage. He went down 1/4 mile and ;- took pictures. Vice -Mayor Glick asked when did he go out after the call? Mr. Kornelis replied he didn't remember. Councilman KENAI CITY COUNCIL APRIL 16, 1980 Page 5 Malston asked if he contacted Mr. Oberts, Mr. Kornelis replied no. Councilman Malston suggested we get together with Mr. Oberts. Mr. Kornelis explained he got the impression Mr. Oberts was anti- cipating trouble with run-off. He said he did go out to a lady's house and clean out the ditches. He could not find the problem unless Mr. Oberts corrected it. Councilman Hall suggested Mr. Kornelis talk to Mr. Oberts. Councilman Malston said if Mr. Oberts still feels there was damage, they could go down together. Councilman Am- barian suggested the City Manager handle this. The Council agreed. F OLD BUSINESS F-1 Amendment to Jack Thompson Lease (Lot 10, Alyeska Subdivision) Atty. Delahay explained this is a follow-through on the lawsuit utilizing a cap on a :aase. MOTION: Councilman Malston moved, seconded by Councilman Measles, n to approve the amendment. Motion passed unanimously by roll call vote. 0 NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Maslton moved, seconded by Councilman Measles, to approve the bills. Q Councilman Malston asked what was the Clary Insurance additional liability. Finance Director Brown replied he wasn't sure. Rich Emery of Clary Insurance said it was for City employee's additional coverage. Motion passed unanimously by roll call vote. 0-2 Requisitions Exceeding $1,000 -- MOTION: ' Councilman Malston moved, seconded by Councilman Measles, to �s 1 F� 9 i - 1 i I � I i j� I I KENAI CITY COUNCIL APRIL 16, 1980 Page 6 approve the bills. Mr. Brown requested a billing to Ed Warfle for $1,350 be added to the requisitions, for an appraisal. He explained there were 11 appraisals, we asked for proposals, this was least. MOTION, Amendment: Councilman Malston moved, seconded by rouncilman Mueller, to approve the amendment, as submitted by Finance Director Brown. Motion for the amendment passed unanimously by roll call vote. Main motion passed unanimously by roll call vote. G-3 Ordinance 561-80 - Appropriating Monies in Amount of $10,500 for Purchase of Micro -Film System. Councilman Ambarian asked were we allowed to transfer revenue ~ funds to general funds? Finance Director Brown replied yes. Council- man Ambarian asked if this was subject to audit. He asked Chief Ross. Chief Ross said he had contacted the State. Ile referred to the memo in the packet. There are several issues: 1. The need's coming to the critical point, the files are In many departments, some are in the jail. 2. Does the Council wish to make the transfer? He noted he can jueft as a jail operation, but it offers a contribution from the general fund. Vice Mayor alickasked for confirmation on the transfer. Chief Ross replied yes, there will be a fund balance In the jail fund, so they can do this. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, to introduce the ordinance. Motion passed unanimously by roll call vote. 0-4 Ordinance 562-80 - Increasing Revenues and Appropriations, $6,500 for Additional Overtime for Police Department MOTION: i h I i I I �^ a u KENAI CITY COUNCIL APRIL 16, 1080 Page ? Councilman Ambarian moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed unanimously by roll call vote. 0-5 Ordinance 563-80 - Increasing Revenues and Appropriations, $12,000, for Shop Budget Operating Supplies & Repair a Maintenance. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to introduce the ordinance. Finance Director Brown noted the date of tho ordinance, Council was requested to pass it tonight. The funds in the shop are depleted. The finance department is holding p.o.'s now. MOTION: Councilman Malston moved, seconded by Councilman, Measles, to approve the 2nd reading of the ordinance this night. Councilman Ambarian asked why are we caught in a bind again? Wasn't this foreseen? Mr. Kornelis explained there have been unaccepted items coming into the office, Mr. Kornelis listed them. He explained the last budget was out on repair maintenance, Council- man Ambarian noted those repairs were made in the last several months. The Council doesn't like to be pressured into decisions. Mr. Kornelis explained there has been extensive repair work in that is -at month. It is difficult to predict when mac Artes will break down. Mr. Brown explained he was on vacation during the last meeting and didn't get with Mr. Kornelis. Motion for 2nd reading passed unanimously by roll call vote. MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the ordinance. There was no public comment. Councilman Hall asked Mr. Kornelis, what if you have more break- downs. Mr. Kornelis replied it is difficult to predict, that's why i i I ' KENAI CITY COUNCIL APRIL 16, 1980 Page 8 He wanted to get with Mr. Brown, to know how much he needed. Councilman Ambarian asked is this for now, or for the next two months. Mr. Kornelis replied there are p.o.'a waiting now. We are hoping this will take care of any others. Motion passed unanimously by roll call vote. j0-6 Resolution 60-56 - Transfer of Funds for Emergency Repair Work on Taxiway Lights - $2, 500 MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. Motion passed unanimously by roil call vote. 0-7 Resolution W57 - Transfer of Funds for Overtime in Water a Sewer Due to Water a Sewer Line Breaks - $2, 500 MOTION: , Councilman Amberian moved, seconded by Councilman Malston, to approve the resolution. I There was no public comment. Motion passed unanimously by roll call vote. ! 0-8 Resolution 80-58 - Transfer of Funds for Shop Utilities through End of Fiscal Year - ;885 MOTION: Councilman Measles moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-9 Resolution 80-59 - Transfer of Funds - Public Works, Advertis- ing a Vacant Position - $300 'qrW KENAI CITY COUNCIL APRIL 16, 1080 Page 9 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. Ron Chappell asked what position was open. Vice Mayor Glick replied the City Engineer and a water & sewer dept. position. Motion passed unanimously by roll call vote, 0-10 Resolution 80-60 - Transfer of Funds, Parke - Athletic Field Foncing - $250 MOTION: Councilman Measles moved, seconded by Councilman Malston to accept the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-11 Resolution 80-61 - Transfer of Funds. Parke - Hiring of Umpires - $750 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. I 1 There was w public comment. Councilman Ambarian said he would be In favor of umpires if they were under the control of the City. He is not In favor of contributing to a Program outside of the City. Could they be hired by the City? Recreation Director McGillivray said it would be under his direction. This is just to handle funds. Motion passed with Councilman Ambarian voting no. --7 0-12 Resolution W62 - Transfer of Pupda, Parks - Appraisal of Park Lends - $200 MOTION: �..MMUN KENAI CITY COUNCIL APRIL 10, 1080 Pago 10 Councilman Measles moved, seconded Councilman Mueller, to approve the resolution, The was no public comment. Motion passed unanimously by roil call vote. 0-13 Resolution 80-63 - Transfer of Funds, Parks - hire Department Assistants - $2,000 i MOTION: :Uzna lman Nalston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote, O 14 Resolution 80-04 - Declaring City has no Industrial Plastes Discharg- ing into Wastewater System, i Atry, Delahay noted correction in main body of resolution had not been changed in title. MOTION, Amendment: Councilman Ambarian moved, f; j ed, seconded by oundilman Meaaea, r to approve the amendment. Motion passed unanimously by roll call vote. There was no public comment. Resolution passed unanimously by roll call vote, 040 Resolution 80-05 - Awarding of Engineer Contract Improvements - vidalgo, Bidarka, Barnacle, Caviar a Redoubt. Wayne Henderson, Peninsula Engineering,, spoke. Ile wanted an explanation why it was awarded. Virg Mayor aliok explained the ` Public Works Committee met the previous night, Rho deferred to _= Councilman hlalston. Councilman *dalrton said they went over the + proposals and felt with their past experience with CH2M hill and ` because this was a rush project, they recommended them. 'ir. z 6 r , r , f f KhNAI CITY COUNCIL I APRIL 16, 1080 Page 11 Henderson asked, because of aeheduling? Councilman Malston replied yes. Councilman Measles said one of the reasons was the number of poraonncl available to put on the job right away. fie said they looked at future proposals then when we would not he in such a rush, Mr, Henderson noted there was no indication in the proposal of a deadline, othor than July 1. Peninsula Pngineer- ing and McLane ts Assoc, has a staff of 8 people ready to start right 1 away, They don't fool there is any reason they cannot complete the I work, Mr. Henderson then distributed a letter regarding their capabilities, Vice Mayor Click said the low bidder was $10,000. This is also a local firm and could probably do the job, Based on past performance and the time schedule, the committee decided on C1I2M hill. She further stated the �,euncil door like to give business j to local people. There was much discussion. The Council hopes Mr. Henderson will contribute in the future. Mr. Henderson replied there Is $14,000 difference botween his figure and the local bid, lie thought the taxpayers should not be burdened with the additional fee. MOTION: j Councilman Ambarian moved, seconded by C.4mneiiman hall, to adopt the resolution, change the recipient of contract to Penin- sula Engineering, and strike out the last "Whereas" paragraph . Councilman Ambarian said he knows it takes slot of time to prepare by Public Works, Peninsula Engineering is a local firm, they have said they will do the job in the specified time, and there is less a. cost, If we follow the job, the Public Works director could step In it ma-distely It there was a problem. Councilman Ball said he has had work done by Peninsula Engineering, It wes done well for that amount of money, we should go with them. Councilman Mueller asked Howling s Rice is the low bid, are they a local firm? Vice Mayor Glick replied yes, from Soldotna, They are also well qualified, If we are looking at money only, we should go with them. - - Councilman Ambarian asked was there comment made on soils test- ing in the Bowling bid? Vice Mayor thick replied yes. Motion failed, with Councilmen Mueller, Ambarian and 11611 voting yes, and Councilmen Measles, r4alston and Vice Mayor Glick voting no, MOTION: j Councilman Measles moved, seconded by Councilman Valston, to 4 IlfarM.w.t+o_s - A.I. /:{ lYr .. A • ,. - ♦, . -.Ir w-.. -- - - _ _ .e/Jw. I _ _ 1 • • I I I t KRNAI CITY COUNCIL APRIL 16, 1080 Pap 12 � adopt the resolution as submitted. Motion failed, with Councilmen Messles, Mslston and Vice Mayor Glick voting yes, Councilmen Mueller, Ambarian and Hall voting no, Councilwoman Glick noted if the State legislature votes favorably, we hope to have the streets worked on this summer. I There was a short recess to disease the impasse, Loren Leman spoke, after the recess, He said he did not come i prepared to discuss the proposal, He stated C112M Hill was willing and capable to do the work , They were prepared to move in the j next week. They have all the capabilities in-house, Vice ?Mayor Glick said one other item had been discussed at the meeting, they thought the street should be pushed through, She asked Mr, lien- i derson if there would be additional charges if they did that. Mr. Henderson replied it was approximately 400 feet, they would do the work with the extension at the same price, MOTION: I Councilman Meades moved, seconded by I',ounciiman Meiston, to adopt the resolution substituting Peninsula Engineering and delet- ing the last "whereas," 1 There was no public comment, Motion passed, with Vice Mayor Glick voting no, � t1-10 Resolution 80-00 - Awarding Contract for Lube Facility and Shop Addition MOTION: C:a Councilman Ambarian moved, seconded by Councilman Malston, to adopt the resolution, j ii. There was no public comment. Uction passed unanimously by roll call vote, - 047 Resolution 20-67 - Awarding Contract for Sewer Treatment Plant, -f I - Roger Meeks spoke, He asked the Council it" had considered {{ I 7 I y� j KENAI CITY COUNCIL APRIL 16, 1980 Page 13 every aspect of this bid, not only high or low, but performance. Ito noted McWil is a mechanical contractor, this is a mechanical job. The low bid is not always the best bid. fie felt McWil had been the best performed of all in every contract. Councilman Hall asked Mr. Kornelis if he knew anything about Brown Construction, Mr. Kornelis replied yes, he has done 5 roads in the past. Council- man Hall asked if he did the bridge work. Vice Mayor Glick replied no. Mr. Kornelis listed the streets done by Brown Construction. He explained there are problems, mainly claims and utilities. He noted Council was already aware of these. Councilman Hall asked Mr. Kornelis, Brown was his choice? Mr. Kornelis replied yes, there are informalities that do exist, but they are minor. IIe does have a bonding agent that says he can do the job, and he is willing to put up the money. Councilman Ambarian noted we have a letter from CHZM HUI, are they thoroughly familiar and willing to accept the bid? Mr. Kornells replied they have reviewed it and the infor- amlities are minor. Mr. Kornelis then reviewed the informalities. MOTION: Councilman Ambarian moved, seconded by Councilman Hall, to approve the resolution with amendments as recommended by Public Works Director Kornelis and Finance Director Brown. Motion passed with Vice Mayor Glick voting no. 0-18 Resolution 80-08 - Transfer of Funds for Correctional Officer from Jail to Attend Training Course - $1,000 SON: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. G-19 Resolution 80.89 -Awarding Contract for Playground Equipment. MOTION: Councilman Nekton moved, seconded by Councilman Measles, to approve the resolution. i F JI KENAI CITY COUNCIL APRIL 16, 1080 Page 14 There was no public comment. Vice Mayor Glick noted the numbers had been added this night as recommended by the Recreation Commission. Motion passed unanimously by roll call vote. 0-20 Approval of Agreement to Furnish Engineering Design Services (Standard Contract) Mr. Kornolis reviewed the corrections. He explained one of the main reasons we spent time on this is so we could start with Pen- insula Engineering that next day. This has not been Riven to Peninsula Engineering yet. If we cannot come to an agreement, it will have to come back to Council again. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to approve the agreement as amended by Public Works Director Kornelis. Motion was approved as amended by unanimous roll call vote. 0-21 Preliminary User Charge Analysis - Sewerage System Loren Leman spoke. He said he would answer questions. Vice Mayor Glick asked V the Council could put this on the next meet- ing's agenda for public hearing. Mr. Kornelis replied it was open to public discussion. Mr. Brown explained a formal public hearing was not required. It was advertised for public discussion. Ron Chappel of the Clarion asked why wasn't this discussion held prior to awarding of the grant? He noted V EPA requires the users pay on the basis of use, how can a flat rate satisfy that criteria? Mr. Leman said regarding public input, they did have a public hear- ing on the waste water treatment plant in 1978. Rates and finan- cial implementation were discussed at that time. Regarding alloca- tion of user charge, it is an extremely difficult assignment. A typical method for non -metered is to place in classes. The alternative is to meter, it is up to the City to decide what they want. MOTION: f Councilman Ambarian moved, seconded by Councilman Malston, to acknowledge receipt of the sewerage system preliminary user I KENAI CITY COUNCIL APRIL 16, 1980 Page 15 Charge Analysis and allow for public input. Motion passed unanimously by roll call vote. 0-22 Union Oil Drilling Permit - Cannery Loop Unit, 91 Well MOTION: Councilman Ambarian moved, seconded by Councilman Malston , to approve the extension of one year and the special use permit. Motion passed unanimously by roll call vote. 0-23 Dead of Release - FAA Land (Airport Way) Mr. Kornelis explained also in the packet are letters written to Rainier. MOTION: Councilman Ambarian moved, seconded by Councilman Ralston, to direct the administration to write a deed of release. Motion passed unanimously by roll call vote. 0-24 Memo Requesting Authorization for Suit Re: Constellation Air- craft (Attorney Report) Atty. Delahay said he had not heard from Mr. McNamara. He would like to start suit on this matter before the land is needed unless Mr. McNamara comes forward with some action. MOTION: Councilman Ambarian moved, seconded by Councilman Malston , to direct the administration to start suit. Motion passed unanimously by roll call vote. 0-25 Memo Regarding Refection of Compromise on Stoehner Lease. Atty. Delshay reviewed the memo. MOTION: Councilman Ambarian moved, seconded by Councilman Ralston, r ' X 4 &,.L was Vt o l e v e& C) ' yF' 3¢' -}.�o, to-1-o�.� r•=..i-als to . + be�iore. KENAI CITY COUNCIL y�Q �a„� �.�as re�►leas�� APRIL 16, 1960 Pap 16 CC - %,A to select the 2nd option, as proposed in Atty. Delahay's letter. Councilman Mueller asked what kind of damages are we looking at In thi„ease Atty. shay replied the damages, if Atty. Garnett eould�prove# would b XprynximsteJ7r$10',4,A9. He further explained there are problems of the suit, and expenses of going forward. Councilman Mueller asked Atty. Delahay what are our chances of winning? Atty. Delahay replied he didn't know. Councilman Malston asked Atty. Delahay if he was suggesting we contract it out. Atty. Delahay replied it would depend on the work load at that time. Vice Mayor Glick said she thought Planning a Zoning and Administration should look at any future leases with these people. Councilman Hall suggested the 4th alternative, in light of the sit- uation. Councilman Ambarian said he felt that was awfully strong. Councilman Measles said it was better to accept cancellation of the lease and get out of it. We could spend alot of money and time on the suit. Councilman Ambarian noted we don't have to sue, it gives us the option. He further stated, slot of time has been spent on the Stoehners, they owe us something. Councilman Mueller said it wouldn't give us the land back for release. Atty. DelWmy explained it is a legal problem. When the land is re -leased, then we can establish the amount, having breached the contract, we could go ahead and re -lease. Councilman Mueller asked if it would have to come before Council before the suit is started. Atty. Delahay replied yes. Motion passed unanimously by roll call vote. G-26 Ted Forst a Assoc. - Pis al Billing on Airport Grants Lobbying - $370.00 MOTION: Councilman Ambarian moved, seconded by Councilman Mueller, to approve the billing. Motion passed with Councilwoman Glick voting no. H REPORTS H-1 City Manager Mr. Kornelis said he had had a meeting with Wince- Corthell, Council- man Measles, Airport Manager Swalley and City Manager Brighton re- garding the airport electric preojeet, on the location of the generator 0 L" I KENAI CITY COUNCIL APRIL 18. 1080 Sago 17 building. The original proposal had the location in the shop. Coun- cilman Ambarian asked if the FAA has approved the location by the tie -down area. Mr. Kornolis replied no, the thought was to bring it to Council first. Councilman Ambarian asked if they had reviewed with FAA to see if it interferes with their electrical equipment. Mr. Kornelis said they will. Vice Mayor asked Mr. Swalley if there was any problem with wing tip span. Mr. Swalley replied there would still be more than enough room for small aircraft to move. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to approve the location. Motion was approved unanimously by voice vote. Mr. Kornolis discussed the road problems on nogwood. Ile stated Messrs. Smith and Wiley have requested they be on the next agenda. They had thought the street was accepted. Councilman Malston said we should research our records in that ease. Vice Mayor Glick asked Councilman Ambarian if he remembered if the streets had been accepted. Councilman Ambarian replied he did not think so, it was when Red Jaynes was here. Mr. Kornelis said he would research if the Council requested it, but it would take time. Mr. Kornelis then noted the Airstream Trailer caravan will be com- ing July S. 1980 with 88 trailers. Mr, gorneBa said the street sweeping will start the next week. It will go for one week, then the contractor will go outside to buy a new street sweeper. Mr. Kornelis said he will be back with the exact figure at the next meeting. Vice Mayor Glick asked if he could coordinate the State and City street sweeping, she would like him to do the State first. Mr. Kornelis replied there is only one machine in the area. He will do the Borough, Soldotna and Kenai. Vice Mayor Glick direeted the administration to have him do the State first, City Manager Brighton spoke. He noted ISO had done a survey in 1974, and reduced parts of the area to a Class S. On April 11, 1980, he had received a UMw indicating that through the efforts of Chief Winston, the class has now been reduced to Class S, effective May 1, 1080. Mr. Brighton then mentioned the amendment to the personnel ordinance requires an arbitration panel. A 12 member panel, effective March 20, 1980. i . I I i I l KENAI CITY COUNCIL APAIL 16, 1980 • Page IS The employees select 6, the Council selects 6. The final appoint- ment is by the Council. H-2 City Attorney Atty. Delahay noted, in response to Manager Brighton, that the appointments are made by Council, but they are not limited to 12. They am make as many as they want, only 6 will be selected. Atty. Delahay then discussed the Mukluk lease. There is a law- suit for $10,000. The insurance company will take over the de- fense. There may be a question as to whether the City or the ins- urance company will pay. Atty. Delahay said regarding the Airport Development Act, it re- quires the City to include Civil Rights provisions in renegotiation of the contracts. He has some questions to resolve before completing the contracts. Use of airport lands. Atty. Delahay said he had requested the land be released to Rainier Fund. The FAA will release for lease only, not for sale. He will be going to Anchorage the next week to try to get this straightened out. We have 3 options: 1. Cancel the appointment 2. Keep the appointment and try to have them sell to Rainier 3. Keep the appointment, point out the problems and that the land is not giving us money. Have the land given to the City for their action. Councilman Malston said we should proceed. The Council's decision was to attempt to sell all lands released by FAA. Then we would pursue getting the other lands released. Vice Mayor Glick agreed. Councilman Malston said we should proceed with the meeting with the FAA. Atty. Delahay asked all the land or just the Rainier lease? Councilman Ambarlan said if all the land w" sold, we would not have any way to set up ttuads so it would be used for airport. The Council's intention was to sell a piece of land, show FAA we could handle project. Atty. Delahay said Finance Director Brown suggested in getting the land, we set up a contract with FAA, that all moneys be either invested or used for capital improvements for the airport. Councilman Malston said it was the intent of Council to protect that money. We tried to sell one small piece and no one bought it, we �i we dropped it. We should start again. Manager Brighton asked if Atty. Delahay went to FAA with an ordinance from Council stating e I r T a- KENAI CITY COUNCIL APRIL 16, 1980 Page 19 funds were allocated to one fund... Councilman Malston suggested Manager Brighton go with Atty. Dolahay. Vice Mayor Glick suggested they start with the Rainier lease in the discussion, and then dinouss the other land. Atty. Delahay replied he will, definitely. It took one year to got a reply from the FAA. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, to authorize Atty. Delahay to proceed with the meeting with FAA, spec- ifically with FAA land. At the same time, discuss with them the land that is not for ode. Motion passed unanimously by roll call vote. Councilman Malston asked that Atty, Delahay also stress that the money is protected. H-3 Mayor Vice Mayor Glick spoke. Regarding Carr's parking lot, she asked Chief Ross to elaborate. Chief Ross explained he wasn't aware he would be on the agenda, and did not have anything prepared. He feels Council should have work sessions on the problem. He has met with Carr's two times, tut he thinks Council should direct their attent- ion to this. He did advise Carr's of the present policy, but that he was goingto Council and would notify them of the meeting. Vice Mayor Glick suggested it be added to the April 30, 1080 budget session. Council agreed. Chief Ross said he will discuss this with Manager Brighton how they will notify Carr's. 11-4 City Clerk Clerk Whelan reported that the Planning a Zoning Commission mem- bers will have to complete a Conflict of Interest statement, eff. 4-14-80, from the Atty. General's Office, Since statements are due 4 15-80, AGOC has granted 10 days extension for them to com- plete the forme. Clerk Whelan noted the Peninsula Oilers have paid their taxes in full, according to information from the Borough. The City had sent a notice of objection to renewal of their license. She requested the Council reverse their objection, f MOTION: f o 1 s c- F, i I 0 I - 1 KENAI CITY COUNCII. APRIL 10, 1080 Page 20 Councilman Ambarian moved, eecondod by Councilman Measles, to send a letter of non -objection to the ABC, for the Peninsula OilerR. Motion passed unanimously by voice vote. Clerk Whelan reviewed her present week load. The typing load is 30% higher than last year's amount. ?:ore are also additional meet- ings to sehedulo and record, travel whedules to prepare, and the normal increase in government paperwork. Manager Brighton sug- gested, a meeting between the Clerk and himself to review the sit- uation. Vice Mayor Glick reminded Councilman Malston and Mr. Kornelis j of the meeting the following Thursday with Commissioner Peterkin to review the secretarial job applications. H-S Finance Director ' � I Finance Director Brown reminded the Council of the work sessions for the budget. Adoption must be by June 30, 1880, it must be pre- rented at amoral meetings before that date. He suggested the first budget session be held April 30, 1980. [ 4 , Council agreed. ' H-6 Planning & Zoning Vice Mayor Glick reported at the last meeting they, had rezoned May Subdivision and Section 34 is granted. H-7 Kenai Borough Assembly l Councilman Ambarian said the Assembly approved the school budget unanimously. Vice Mayor Glick noted Councilman Ambarian had d been appointed to the Governor's Advisory Committee on Leasing, of the Upper Cook Inlet. I I1-8 Harbor Commission ¢ Vice Mayor Glick noted the report for Juneau. I PERSONS PRESENT NOT SCHEDULED TO BE HEARD NOW -T ADJOURNMENT - f Meeting adjourned at U.- 00 PM. Respectfully Submitted, i J Whelan, City Clerk �\ i fi