Loading...
HomeMy WebLinkAbout1980-06-18 Council Minutes--roax- .,PC AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 18, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL So PUBLIC HEARINGS 1. Ordinance 576-80 - Amending Ordinance 537-79, Merit System 2, Ordinance 578-80 - Increasing revenues for EPA Sewage Project - $25,000 3. Ordinance 579-80 - Amend Title 4, Uniform Building Code Co PERSONS PRESENT SCHEDULED TO BE HEARD 1. Attorney Rick Baldwin - Ray Cason lease, renegotiated 1978 2. Chris Stoohner - Lease renewal 3. Gerald Wasson - lease renewal 4. Van Swan - Rehearing of termination D. MINUTES 1. Minutes of regular meeting of June 4, 1980 2. Verbatim portion of minutes from regular meeting of June 4, 1980 E. CORRESPONDENCE P. OLD BUSINESS I* Oilers improvement proposal - Bill Brighton G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 581-80 - Amending Title 23, Personnel regulations to provide for title and pay range changes for certain correctional officers 4. Resolution 80-98 - Transfer of funds - Legal Department - City vs. Clarion suit - $900 S. Resolution 00-99 - Transfer of funds - Fire Department - tuition and registration for fire hydraulics and hazardous materials classes - $350 6. Resolution 80-100 - Transfer of funds - Jail - supplies for repair of Jail equipment - $100 7. Resolution 80-101 - Transfer of funds - Legal Department - Electric copyholder & pocket recorder - 0385 S. Resolution 80-102 - Award of bid - 1980 3/4 ton 4 x 4 pick up - $9,201 9. Resolution 80-103 - Award of bid - Vibrating roller/trailer - $9,398.50 r !' O G. 10. Resolution 80-104 - Award of bid - wood chipper - $4,698.00 11. Resolution 80-105 - Transfer of funds - Harbor Commission - Administration coordinator to attend Pacific NW Waterways Association - $630 12. Resolution 80-107 - Transfer of funds - Senior citizens - machinery & kitchen supply - $3,287 13. Resolution 80-108 - Award of contract - backstops and fencing for softball fields to Saltz General Contracting 14. Resolution 80-109 - Award of contract - Animal Control fencing to Peninsula Fencing 15. Resolution 80-110 - Concerning Kenai Peninsula Borough Ordinance 80-33 pertaining to City of Kenai giving up its port and harbor powers 16. Resolution 80-111 - Award of bid - janitorial services 17. Lease of airport land - Edward M. Brown 18. Lease of airport land - Avis Rent a Car, Inc. 19. Lease of airport land - Kenai Air 20. Lease of building and grounds - Kenai Historical Society, Inc. 21. Amendment to lease - Gate 54 22. Amendment to lease - Ron's Rent -All 23. Amendment to lease - Macheras to Crabaugh 24. Amendment to lease - Associated Divers & Contractors to Beluga Development Corporation, Lot 13, Block 1 25. Amendment to lease - Associated Divers & Contractors to Beluga Development Corporation, Lot 5, Block 1 26. Amendment to lease - Associated Divers & Contractors to Beluga Development Corporation, Lot 6, Block 1 27. Special use permit - Katmai Motel 28. Special use permit - Kenai Air Alaska, 29. Special use permit - DeVito Guide Service 30. Special use permit - Dragnet Fisheries 31. Special use permit - City Cab Company 32. Special use permit - Aero Union Corporation 33. Wince, Corthell, Bryson, Freas - Municipal Airport - $21,323.65 34. Wince, Corthell, Bryson, Freas - Harbor study - $10, 300 35. Carmen Gintoli, architect - City Hail - $900 36. Borgen & Sons Excavating - gravel delivered to airport - $22,428.00 37. Bergen & Sons Excavating - animal control road - $4,450 38. Letter to Governor Hammond from Mayor O'Reilly 39. Setting salaries for Attorney, Clerk, and City Manager 40. Request for testimony on wetlands by Senator Gravel 41. ADAP funds application - extend taxiway C 42. ADAP funds application - complete security fencing FBO area - _;r ; ��a• � ...�-,._..__..._// _ .. �.__ _ - — - '. -. .. '.. ...`r .. sy _�.w.. • .mow. /�t�� < _ ,�i I'_ _- - - _ Luxe - O. 43. ADAP funds application - rehabilitate security fencing - north end of airport 44. ADAP funds application - request now crash fire rescue truck H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. Clerk S. Finance Director 6. Planning & Zoning 7. Borough Assembly S. Harbor Commission -- I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT i i, f. i I o' Y i 1 9 KENAI CITY COUNCIL. - REGULAR MEETING, MINUTES JUNE 18, 1980 - 7: 00 PM KENAI PUBLIC SAFETY BUILDING a MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL i Present: Vincent O'Reilly, Ed Ambarian, Ray Measles, Betty Glick, Ron Malston, Jess Hall, Dick Mueller Absent: None i AGENDA APPROVAL f Mayor O'Reilly asked to delete C-2, Chris Stoohner, at their request. Mayor O'Reilly also asked to have C-4 added, Dolores Mitchell - Carr's Parking Lot. Council agreed by voice vote. Councilman Ambarian asked it 0-17 through 0-32 could be voted as one group, as they all related to leases and special use permits. Action was deterred until that time. { J B. PUBLIC HEARINGS B-1 Ordinance 570-80 - Amending Ordinance 537-79, Merit System € , ' MOTION. Councilman Malston moved, seconded by Councilwoman Glick, to approve the ordinance. There was no public comment. 1 Councilman Ambarian noted this is relating to the problem we had with the personnel ordinance in the past. He still does not agree with the attorney's understanding of the ordinance. The intent was not there, we were going to have a personnel board. He will '. vote against it. Atty. belahay explained when the personnel code .{ was passed, there were many sections that were repealed. 1.60.040 had nothing to do with the personnel board. ` Motion passed unanimously by roll call vote. B-2 Ordinance 578-80 - Increasing revenues for EPA Sewage Project - f $25,000 4 O 'r i 1 � i KENAI CITY COUNCIL JUNE 18, 1080 Page 2 MOTION: Councilwoman Glick moved, seconded by Councilman Malston , to approve the ordinance. There was no public comment. I Motion passed unanimously by roil call vote. B-3 Ordinance 570-80 - Amend Title 4, Uniform Building Code MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Attorney Rick Baldwin - Ray Cason Lease, renegotiated 1978. Atty. Baldwin spoke, he was representing Ray Cason. Mr. Cason has had the lease since 1977. This lease has been the subject of contention since 1078. It is 5.85 cents per square foot now, the lease was 1.45 cents per square foot. The City made an increase as a result of an appraisal. He would like to question the validity } Of that appraisal. 1. It was set up as a fee simple, that is not the case. The FM has requirements. 2. The potential for income is limited by restrictions. The ' revenue is mainly from parking and taxiway (aircraft) . It has virtually no other use. The City should encourage fixed base operators, these charges j make it difficult to stay in business. i He has prepared a conservative analysis of what he can expect - from the property. The assumptions are: his lot can handle 10 aircraft. Add $35 per month per aircraft, that is 100% occupancy. He has a trailer on the property, that is $25 °.or parking, $10 for t 02A sor 1i KENAI CITY COUNCIL JUNE 18, 1900 Pago 3 use of the trailer - this is within range of the other aireraft businesses. lie proposes $25 per month tie -downs, $10 - Im- provements, $100 trailer rental with full occupancy. 75% occu- pancy rate with expenses, gives a not profit of $559 per year. At the now rate, he would have a loss of $1,000, plus. The brook -oven lease rate is 2. 8% at 75% occupancy. Ile has pro- posed a lease rate of 2 cents per square foot at 00%occupancy. He felt if the lease rates were too high, the City may end up with a tie -down business. Mayor O'Reilly said this matter is too complex to decide without the help of the committee. Atty. Delahay replied he agreed, but he had some points. From the legal aspect, he agreed with Attq . Baldwin regarding the fee simple. If Mr. Cason goes out of busi- ness, the City may not get another like -business. Another alter- native is that this does not have to be handled by July 1, 1980. Atty. Dolahay said he will get a copy of the letter from Atty. Baldwin to all of the Council. Mayor O'Reilly asked Councilman Mueller to have a meeting of his Real Estate Committee to discuss this problem. Atty. Baldwin then spoke on the Katmai Hotel. They have requested a transfer of liquor license, and owe $26,000 in unpaid taxes. Their proposal is: The Katmai can come up with $12,400. In order to come up with the money, they will have to have a lease. The lease will be generating $5,000 per month. They will offer their entire pro- ceeds to the Borough until the taxes are paid. That would allow the Katmai to open. Mayor O'Reilly asked Atty. Baldwin if he had talked to the Borough. Atty. Baldwin replied he had talked to the Borough Attorney. Councilwoman Glick asked if this was the balance owing on the $45,000 due at the beginning of the year. Atty. Baldwin replied yes. Councilwoman Glick asked if they were in default. Atty. Baldwin said he understood the Borough has a judg— ment. Mayor O'Reilly asked if the Borough is willing to go along with the arrangement. Atty. Baldwrin replied it was not definite, just tentative. Councilman Ambarian asked Atty. Delahay for his opinion. Atty. Delahay replied he would rather have money in hand than a good law suit. He would advise the Borough be contacted and let them know the City has no objection. MOTION: Councilman Malston moved, seconded by Councilman Mueller, _. that the Borough Attorney be contacted and if this arrangement is agreeable with the Borough, the City will go along with it. KENAI CITY COUNCIL JUNE 18, 1080 Page 4 Motion passed unanimously by roll call vote. C-2 herald Wasson - Lease Renewal Herald Wasson spoke. He has two leases with the City. He has just received an increase in rates, and would like a review of Lot 2, Block 4. This is a much greater increase than the other lot. MOTION: i Councilman Ambarian moved to refer the matter to the Real Estate Committee. Council agreed unanimously by voice vote, with no second. The Clerk wqs directed to contact Mr. Wasson when the meeting is arranged. C-3 Van Swan - Rehearing of Termination Van Swan spoke. He would like to request a hearing before the Personnel Board. He said he was laid off last winter. Ile feels it was an unjust termination. At that time he was told there was no Personnel Board. He understands there is onp now • He would liko to have a hearing. He stated at the time he was terminated, he didn't think he should have been because they said he didn't have the best interests of the City in mind. For six years he had the best interests of the City in mind. Mayor O'Reilly asked the Clerk to give a report on the Personnel Hoard during the Clerk's report (11-4). C-4 Delores Mitchell - Carr's Parking Lot i Delores Mitchell spoke. She said she has been trying to get help j from the City, regarding the illegal parking in the fire lane. The insurance company does not require a fire lane. It is up to the City, The Municipality of Anchorage (Police Aept. ) enforces the fire lanes. Mayor O'Reilly asked if it works, she replied yes. Mayor O'Reilly asked once it becomes known they will be impounded, people do not park there? No. Martin replied yes, they tried to enforce the law, but couldn't. Atty. Delahay said If this is not a public street, there - - is nothing in the Code to have us do this. He would suggest Carr s dedicate this lane to the City. He didn't know who put up the signs that are posted there. Ms. Martin replied Carr s did, at the City's 'I I U I I' 1. ' . �m KENAI CITY COUNCIL JUNE 18, 1080 Page 5 request. Mayor O'Reilly suggested an ordinance be developed for fire lanes to be supervised by the city at the request of the owner. Atty. Delahay replied you might have many other busi- nesses try it too. MOTION: Councilman Ambarian moved to turn this problem over to the Public Works Committee. Council agreed unanimously by voice vote, with no second. Councilwoman Glick said she didn't mind having a meeting, but she wondered if any other members had any suggestions. She then referred to the memc from City Manager Brighton. Atty. Delahay said he disagreed with Mr. Brighton on the underlined areas. He said none of these matters relate to this matter. He further stated the Piro Code does not cover this. Mayor O'Reilly noted Anchorage handles this, so they must have an ordinance. Mayor O'Reilly directed Atty. Delahay to check with Anchorage on their ordinance and bring it to the Public Works Committee, and then to Council. Ms. Martin asked when will this be ready? Mayor O'Reilly replied at the July 2, 1980 meeting. D. MINUTES D-1 Minutes of Regular Meeting of June 4, 1980 Councilman Mueller noted on page 19, 0-15, the total amount of the cost of the work processing equipment had been omitted. Councilwoman Glick asked that page 1, Agenda Approval, line 5, the sentence be changed to read: "He also asked if P-1, Day Care Center Motion for reconsideration." Councilwoman Glick then asked if page 4, line 18, could be ox- plained. Clerk Whelan said she was unable to hear this at the meeting, and the tape didn't pick it up either. Councilwoman Glick agreed to leave this as -is. Councilwoman Glick then asked on page 5, B-5, Motion, if the memo as mentioned in the motion could be added to the packet. Clerk Whelan said this was already done. Councilwoman Glick then asked if page 7, C-2, next -to -last line saying "for dredging," was what Chairman Peterkin had said. n' z KENAI CITY COUNCIL. JUNE 18, 1080 Page 0 (tote: Tape was chocked, this was his statement) . Council- woman Glick said to leave as -is if this was his statement. Councilwoman Glick then asked if page 16, line 3, be changed to read, "Councilwoman Glick said the public did not come in in the past to commont.'$ Councilwoman Glick noted on page 17, 0-8, there was no action noted on the motion in the minutes. Councilwoman Glick asked that page 20, 2nd paragraph, be changed to read, "With concurrence of second, Councilwoman Glick agreed - " etc. Councilwoman Glick noted on page 20, 0-17, there was no action noted on the motion in the minutes. Councilwoman Glick noted on page 20, H-4, there was no action noted on the telephone poll in the minutes. Councilman Ambarian stated he had moved to ratify the telephone poll. Minutes were approved as changed or corrected. D-2 Verbatim portion of minutes of regular meeting of June 4, 1980 Mayor O'Reilly asked what was the reason for this, Councilwoman Glick said she thought it was regarding the harbor Service Arena, but noted it was not. Mayor O'Reilly said he would hold till later. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Oilers Improvement Proposal - Bill Brighton City Manager Brighton was not present. Finance Director Brown spoke. He explained the loess began in 1970. An improvement plan was mentioned, but it to not in the file. He further explained Max Swearingen had said the proposal was brought to Council, but not voted on. It was held because of possible HOR grant. There has berm no accounting made. It is a $1200 lease, with $000 in -kind services. J KENAI CITY COUNCIL JUNE 18, 1980 Page 7 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to reconsider the Oiler lease. Councilman Malston abstained. Mayor O'Reilly said he was able to vote, because he was connected with the League, not with the Oilers. Motion passed, with Councilman Malston abstaining. MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to renegotiate the lease and change it to $1.00 per year, and do away with the in -kind services. Further, in the event the Oiler program will stop, all property becomes the property of the City in lieu of payment. Councilwoman Glick asked Councilman Measles if he wished to take action on water and sewer. They are being charged for water and sewer. Would they receive an adjustment if it reverted to the City? Councilman Measles replied yes, it should be. He doesn't feel the assessments should be made to the lease holder. Mayor O'Reilly asked do we know how much the Oilers have paid Mr. Brown replied they haven't made payments in recent years, how far back he didn't know. Councilman Ambarian said he felt the motion was a "kick in the pants" to previous Councils. We are leasing land owned by the taxpayers. We gave them a chance for in -kind payments. We might as well renegotiate all leases. Council- man Measles said we have other leases with non-profit organizations. Councilman Ambarian replied the other organizations do not charge admission. Councilwoman Glick said neither the City nor the Oilers have lived up to the lease. Have we given credit for in -kind? Mr. Brown replied we have given full credit without evidence: $600 each year, since the end of the 1975-76 year through 1080, almost five years. Councilman Mueller said he would like a report on the financial status of the lease and assessments before a decision is made. Mr. Brown replied he has none. They have paid $600 per year in cash, and received $600 credit for in -kind service. If you want a report of the in -kind work, there to none available. He further stated no assessments have been paid, at least not in recent years. Atty. Delahay noted the assessments must be paid by the lessee. He said he has also had trouble with the insurance. ■ 8; -n KENAI CITY COUNCIL JUNE 18, 1980 Page 8 He has received a certificate, it does not fulfill the requirements. As to rental, that is up to City policy. Councilman Hall said he sees no objection to it as a recreational asset to the City, at $1.00 per year. MOTION, Amendment: With concurrence of second, Councilman Measles moved to add to the original motion to do away with the assessments. Councilwoman Glick asked if he still wished to have the insurance enforced? Councilman Measles replied yes. We will specify any improvements made will become the property of the City of Kenai. Mayor O'Reilly asked if the present lease would be in existence until the now one is prepared. Atty. . Delahay replied we have a lease in existence, it was just up for five year review. Councilman AmbVIan asked where will the money from the assessments come from. Mr. Brown replied, the general fund, but it has not been appropriated. Councilman Ambarian said it should come out of the water a sewer. It is unfair to tax the taxpayers that do not have water a sewer for those assessments. VOTE, Amendments; Councilman Ambarian requested two votes, for a division of the question. 1. $1.00 per year lease, in -kind payments a improvements 2. Assessments only Motion passed, with Councilmen Measles, Hall, Councilwoman Glick and Mayor O'Reilly voting yes; Councilmen Ambarian, Mueller voting no; Councilman Maiston abstaining. Councilman Ambarian, regarding the assessments: So far they have met the terms of the lease for land payment. He thought if we're going to consider $1.00 per year lease payment, they should live up to the rest of the terms of the lease as far as assessments are concerned. Councilwoman Glick asked should we take into con- sideration all 40 acres of park land, the Oilers have 10 acres. Will the Oilers pick up the additional 30 acres when it is utilized by the City? The whole area is park land. c_ ouneilmnn (tall noted it should be considered, but how do you consider when there's nothing to consider? The question is what are they assessed on - 10 acres or 40 acres? Atty. Delahay suggested a delay until the next meeting KENAI CITY COUNCIL. JUNE 18, 1980 Page 9 to check on the facts. VOTE, Amendment: Motion failed, with Councilman Measles, Councilwomnn Glick, Mayor O'Reilly voting yes; Councilmen Ambarian, Mall, Mueller voting no; Councilman Malston abstaining. Mayor O'Reilly directed Atty. Delahay to direct a new lease. 0. NEW BUSINESS G-1 Bids to be Paid, Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills. Motion passed unanimously by roll call vote. 0-2 Requisitions Exceeding $1, 000 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the requisitions as submitted. Piannee Director Brown requested an addition to the requisitions to Alaska Industrial Hardware for a pipe threader, for $1,732. Councilwoman Glick and Councilman Measles agreed to the addition to the motion. Motion, as amended, passed unanimously by roll call vote. G-3 Ordinance 591-80 - Amending Title 23, Personnel Regulations to Provide for Title and Pay Ksjnre Changes for Certain Correctional Officers Councilwoman Glick said since we are considering a study, should we table this until the study is done. MOTION: KENAI CITY COUNCIL JUNE 18, 1990 Page 10 Councilwoman Glick moved, seconded by Councilman Measles, to table the ordinance until after the study. Motion passed unanimously by roll call vote. 0-4 Resolution 80-08 - Transfer of Funds, Legal Dept. - City vs Clarion Suit - $900 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-5 Resolution 80-00 - Transfer of Funds, Fire Dept. - Tuition and Registration for Fire hydraulics a hazardous Materials Classes - $350 MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Malian passed unanimously by roll call vote. 0-8 Resolution 80-100 - Transfer of Funds, Jail - Supplies for Repair of Jail Equipment - $100 MOTION: Councilwoman ©lick moved,seeomied by Councilman Malston, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-s Resolution 80-101 - Transfer of Funds, legal Dept. - Electric Copy - holder a Pocket Recorder - $385 U KLNAI CITY COUNCIL JUNE 18, 1880 Pago 11 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve tho resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-8 Resolution 80-102 - Award of Bid, 1980 3/4 Ton 4x4 Piok-Up - $8,201 MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to approve the resolution. Thero was no public comment. Motion passed unanimously by roll call vote. 0-9 Resolution 80-103 - Award of Bid, Vibrating Roller/Trailer - $9,388.50 MOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-10 Resolution 80-104 - Award of Bid, Wood Chipper - $4,098. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Councilman Mueller asked what depurtment this is used for? Public — Works Director Kornelis explained it was for Parks a Recreation. Councilman Mueller asked if it was for decorative use, Mr. Kornelis relied yes. t Motion passed unanimously by roll call vote. t, r i KENAI CITY COUNCIL JUNE 16, 1980 Page 12 G-11 Resolution 80-108 - Transfer of Funds, Harbor Commission - Administrative Coordinator to Attend Pacific NW Waterways Association - $830 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-12 Resolution 80-107 - Transfer of Funds, Senior Citizens - Machinery A Kitchen Supply - $3, 287 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve r1m resolution. There was no public comment. Motion passed unanimously by roil call vote. 0-13 Resolution 80-108 - Award of Contract - Backstops a Fencing for Softball Fields to Saltz General Contracting MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-14 Resolution 80-109 - Award of Contract - Animal Control Fencing to Peninsula Fencing MOTION: Councilman Mueller moved, seconded by Councilman Measles, jto approve the resolution. I I I , I t . •� h a 8 i 3 WA r• _ - _-.ter. __._..-.._ .,.._.--�.--'--• - .�^-- KENAI CITY COUNCIL JUNL' Is, 1980 Page 13 There was no public commont. Motion passed unanimously by roll call veto. 0-16 Resolution 80-110 - Concerning Kenai Peninsula Borough Ordinance 80-33 Pertaining to City of Kenai diving up its Port & harbor Powers MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. Public Comment: Ruby Coyle spoke. She asked if the City wAs giving up or keeping their port & harbor powers. Mayor O'Reilly replied no, we are not giving them up. Motion passed unanimously by roil call vote. 0-16 Resolution 80-ill - Award of Did, Janitorial Services MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to approve the resolution. Public Comment: Tom Harvey, of Servicemaster spoke. He said he has been clean- ing the library and police station for two years, the airport one year. He felt they had done a good job. Many times they had done more thian what is required, Although they are the high bid, they have only increased it by 6%. When they took the airport over, they had to do an enormous amount of work. The building is old, difficult to keep up. They have taken care of the lawn. Councilman Ambarian said for the last few years, the City has always had trouble, it has been a constant problem. We have had good service this past year. The difference is not large enough to change from Servicemaster. Councilman Malston asked Finance Director Brown to review the budget. After review by Mr. Brown Councilman Malston asked if the City is providing the paper products. Mr. Brown replied yes. Councilman Malston asked if the bids came in that way. Mr. Brown replied yes, they should have. 8 i 3 WA r• _ - _-.ter. __._..-.._ .,.._.--�.--'--• - .�^-- KENAI CITY COUNCIL JUNL' Is, 1980 Page 13 There was no public commont. Motion passed unanimously by roll call veto. 0-16 Resolution 80-110 - Concerning Kenai Peninsula Borough Ordinance 80-33 Pertaining to City of Kenai diving up its Port & harbor Powers MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. Public Comment: Ruby Coyle spoke. She asked if the City wAs giving up or keeping their port & harbor powers. Mayor O'Reilly replied no, we are not giving them up. Motion passed unanimously by roil call vote. 0-16 Resolution 80-ill - Award of Did, Janitorial Services MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to approve the resolution. Public Comment: Tom Harvey, of Servicemaster spoke. He said he has been clean- ing the library and police station for two years, the airport one year. He felt they had done a good job. Many times they had done more thian what is required, Although they are the high bid, they have only increased it by 6%. When they took the airport over, they had to do an enormous amount of work. The building is old, difficult to keep up. They have taken care of the lawn. Councilman Ambarian said for the last few years, the City has always had trouble, it has been a constant problem. We have had good service this past year. The difference is not large enough to change from Servicemaster. Councilman Malston asked Finance Director Brown to review the budget. After review by Mr. Brown Councilman Malston asked if the City is providing the paper products. Mr. Brown replied yes. Councilman Malston asked if the bids came in that way. Mr. Brown replied yes, they should have. 6 N ,, KENAI CITY COUNCIL ,.., JUNE is, 1960 Pagre 14 MOTION: Councilman Ambartan moved, seconded by Councilman Hall, that the janitorial contract be awarded to Servicemaster for the library, police and terminal. Fred Parnell, of Beaver Janitorial, spoke. He said they had the contract before Servieemastor. It was very bad when they took it. They did extra work when they had the contract. The bid is with- out the paper products. Councilwoman Glick said she finds it interesting if we recommend by times a contractor that has medium to high bid, we can use justi- fication to take a lower bid. Then we get a lower bid, we use justi- fication to take a higher bid. Rho thought that was the method used last year. If we're going to continue this kind of activity, why do we go to bid? She thought the other people bid in good faith, we should give them a chance. Councilman Mueller asked if there was anything in the contract to enforce if the work war► not up to standard? Councilman Ambarian noted every year we he-ve to discuss this. Last year the service was good. He is basing his decision on this. VOTE, Amendment: Motion failed, with Councilmen Ambarian, Malston, Hall voting you, Mayor O'Reilly, Councilwoman Glick, Councilmen Measles, Mueller voting no. VOTE, Main Motion; Motion passed, with Councilmen Measles, Mueller, Councilwoman Glick, Mayor O'Reilly voting yes, Councilmen Ambarian, Malston Hall voting no. 0-17 through 0-32: Leases, Amendments to Leases, Special Use Permits. MOTION: Councilman Ambarian moved, seconded by Councilwoman O1ick, for approval of leases 0-17 through 0-25, Amendments 0-21 through 0-20, Special Use Permits G-27 through 0-32. Mayor O'Reilly asked Atty. Delahay if this was acceptable. Atty. Delahay replied he had looked at all of them, it is acceptable. KENAI CITY COUNCIL JUNE 18, 1080 Page 18 Councilwoman Glick asked Atty. Delahay, Is the Kenai Historical Society lease based on instructions from the last Council meeting. Atty. Dolahay replied yes. Councilman Mueller noted on the map, Kenai Air location is listed as space 17, on the lease, it is listed as space 18-A . Airport Manager Swalloy said 17 is correct, Wien has 18-A. Mr. Swalloy further noted Aero Union is replacement for Evans Aviation. He said a situation coming up is, Ball Brothers wanted a lease, but have not returned the signed lease. Aero Union wants more space, and one other operator wants space. Mayor O'Reilly asked, you're not going to be put into the posture of hold- ing space that is empty? Is that your concern? Mr. Swalloy replied his concern is now that the paperwork process be done to allow Aoro Union to expand its area and Pacific International have space to operate. Both will be in the gravel pad. Ball Brothers will also be on the gravel pad. Councilman Malston asked Mr. Swalley If he had ogled Ball Brothers by phone. Mr. Swalloy replied sov- eval times. He talked to them and they said they would call back. VOTE: Motion passed unanimously by roll call veto. 0-33 wince, Corthell, Bryson, Press - Municipal Airport - $21, 323.85 MOTIONS Councilwoman Glick moved, seconded by Councilman Mniston, to approve the billing. Councilman Mueller noted that the billing states, "Subject to Approval," Is this done? Finance Director Brown said no, they will not issue the cheek until the documents are received. Motion passed unanimously by roil call vote. 0-34 wince, Corthell, Bryson, Press - Harbor Study - $10,300 MOTION.* Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Mayor O'Reilly asked if this was the one with the $300 in dispute. E = Finance Director Brown replied the resolution was pulled back, relating to this, He is not sure of the details. v i r' I a -- � � I KENAI CITY COUNCIL JUNE 18, 1980 page 16 " Craig Freas, of Wince, Corthell, Bryson a Freas, spoke. fie said their original cost was by the hour to $10,000. They were to furnish 25 extra copies. The Harbor Commission asked them to furnish addi- tional copies, verbally. If the Harbor Commission does not want them, they can return them. Councilman Malston asked if we could pay the $10,000 now and the $300 on next year's budget. Mr. Brown 4 replied if we pay, we should pay now. We would be over the budget $300. Motion passed unanimously by roll call vote. i 0-35 Carmen Gintoli, Architect - City Hall - $900 MOTION: Councilman Measles moved, seconded by Councilman Malston, to ' approve tha billing. Motion passed unanimously by roll call vote. 0-30 Horgan a Sons Excavating - Gravel Delivered to Airport - $22,428. MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. 0-37 Borgen a Sons Excavating - Animal Control Road - $4,450. MOTION: i Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Mayor O'Reilly asked it this had been approved by Finance. public Works Director Kornelis replied yes, it is a change order. Motion passed unanimously by roll call vote. 0-38 Letter to Governor Hammond from Mayor O'Reilly. � The Council approved the letter unanimously by voice vote. Mayor O'Reilly asked the Clerk to have it ready for signing tomorrow. (6-10-00) KENAI CITY COUNCIL JUNE Is, 1090 Page 17 0-39 Setting Salaries for Attorney, Clerk, a City Manager. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the salaries. Motion passed unanimously by roll call vote. G-40 Request for Testimony on Wetlands by Senator Gravel. Mayor O'Reilly said Senator caravel is setting up hearings regarding the Wetlands. Considering the number of area involved, he recommended Councilwoman Glick to go to Washington, D.C. He has received verbal agreement by Borough Mayor Gilman that 1/2 of the costs will be covered by the Borough. MOTION: Councilman Measles moved, seconded by Councilman Malston, to approve the action. Councilwoman Glick said she wished to abstain from the vote, on advice of the Attorney. Mayor O'Reilly disagreed. Atty. Delahay concurred that the Chairman can make a decision. Mayor O'Reilly stated he would have Councilwoman Glick vote. Motion passed unanimously by roll call vote. 0-41,42,43,44: ADAP Funds Applications - Airport. Airport Manager Swalley spoke. Regarding the new crash truck, they need a larger truck for fish flights. Mayor O'Reilly asked it there was any priority setting on the applications. Mr. Swalley replied yes. Councilwoman Glick asked Mr. Swalley, we had four applications last year for improvements to the airport: 1. Electric Generator 2. Warm Storage Building 3. Snow Blower 4. Ramp Extension Project. She said the electric generator we did get, and the warm storage building has verbal approval. Where do the ramp and snow blower sit at this time? Mr. Swalley replied they are still in Anchorage - - aA KENAI CITY COUNCIL JUNK 18, 1080 Page 18 under consideration. Councilwoman Glick said, these would still be #1 and (t2, would the others be under those? Mr. Swalley said we can set priorities or they can, they will do it anyway. Council- man Malston said we should alert them anyway. Mr. Swalley said the FAA has suggested they all be under one application. Public Works Director said regarding extension of Taxiway C. His crews now are the same as the last six years. We are enlarging the streets with the same crews. lie would like to set priority on street paving. Mayor O'Reilly agreed. Councilwoman Glick asked if we are getting a trade-in on the old truck? Fire Chief Winston replied he didn't know. It is 10 years old, it will have minimal trade-in value. Council- man Ambarian asked what about the float plane basin project? Mr. Swalley replied the only thing he has on that is: The funding involved. We still have about 40, 000 cubic yards of material to be moved on that. Prior to his coming, there was an estimate of $50,000 to $60,000 to complete the project. MOTION: Councilman Malston moved, seconded by Councilman Measles, to submit the pre -application for these four items. Councilman Ambarian asked Fire Chief Winston what the manpower requirements will be for the new truck. Chief Winston replied one nun, by FAA requirements. Mayor O'Reilly asked Councilman Malston if he wished to set priorities. Councilman Malston noted the FAA will do that. Councilman Hall asked what the funding was. Mr. Kornells replied 93.75%, ours will be 3.125%, the State's will be 3.125%. Motion passed unanimously by roll call vote. Mayor O'Reilly asked Mr. Swalley about the warm storage building. Mr. Swalley replied Friday (8-13-80) he had received a call from Paul Larson, FAA. and he stated he was giving verbal approval for the warm storage building. A letter will be forthcoming. They told him to proceed with the application. He would like Council approval. It we can get it moving, we can be in it by this Fall. Councilman Malston noted we have already approved it. Mr. Swalley said regarding the electric project. The final specs are in. He wants permission from Council to proceed. Council agreed. Mr. Swalley noted, the gravel pad to done and under bid. $30,000 was allocated by Council, it came in under $24,000, i KENAI CITY COUNCIL JUNE 18, 1980 00 Page 19 H. REPORTS H-1 City Manager None H-2 City Attorney Atty. Delahay noted he will be taking some comp, time in Anchorage June 10, 1980. Atty. Delahay then noted he had made a mistake at a recent meeting on a motion to reconsider. He explained the correct procedure. H-3 Mayor Mayor O'Reilly discussed the meeting with Tesoro, Borough Mayor Don Gilman, Mayor O'Reilly and others, regarding the LNG site. Tesoro is asking for Council support in asking for a quick decision to be made. Dow Chemical also had a dinner with the same type of proposal given. They would like support also. Councilwoman Glick asked if this requires action. Mayor O'Reilly suggested asking for Commissioner Leresche's prompt action and decision. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that the Council ask for Commissioner Leresche's prompt action and that his decision be one of the proposers (without specifying which one) . The Council's intention is that the decision be made promptly. H-4 Clerk Clerk Whelan noted the Council still has not submitted their suggested names for the Personnel Board. We still have just 10 names. Mayor O'Reilly asked it we could go with 10 instead of 12. Atty. Delahay replied we would have to change the ordinance. Mayor O'Reilly suggested the Clerk submit to Council the 10 that are eligible. Then the Council submit as soon as possible any others that may be able to serve. -/� - '-_ __ .... .. �nr. , .. ,., _ r u., ._... r.. .�— 1z�.�-... sesr.-.e+r+r7-.. -. n � ...•sra�� KENAI CITY COUNCIL le� JUNE 18, 1980 Page 20 H-5 Finance Director Finance Director Brown said he had received a letter from Clary Insurance. Agent Rich Emery, and also the City Administration recommend an increase in the umbrella policy. There was no objection from the Council. H-6 Planning s Zoning Councilwoman Glick discussed the Youth Center Site. Recreation Director McGillivray suggested lots in Pidalao Subdivision, Planning a Zoning Committee agreed. MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the Planning a Zoning Committee recommendation . Councilman Ambarlan said he would like to see a map. He feels r it is prime property, and he wants to know if this is the best use. Councilwoman thick described the location of the property, Council- _ man Ambarian withdrew his objection, after the explanation. Rec- reation Director McGillivray said it would be in close proximity to other areas and has availability of water s sower. The area on the , north and of the Elks has problems. The students wanted to be further from the police and City Hall. Councilman Ambarian asked if there was an appraisal of the land in the area. Mr. McGillivray replied no. Carmen Gintoli spoke. He said when he was involved in the sehemat- lea all agreed the facilities should be in the same area, He suggests the center be located across the street from the Court House. It is prime leased land. Ruby Coyle spoke. She said she served on the Planning Commission, She agrees with Mr, Gintoli. The Commission wanted all the build- ings together, After what happened to the trailers donated by oil companies and what happened to Sears School, she thinks the kids should be close to the police, MOTION: { Councilman Measles moved, seconded by Councilman Mueller, to table this action until the next meeting, KENAI CITY COUNCIL JUNE is, 1980 t Pago 21 Motion passed unanimously by roll call vote. Councilman Ambarian asked if there were any directions for Ad- ministration. Councilman Measles replied yes, he would like to have the plot plans. Councilman Mueller said those and alternates. Councilman Ambarian suggested also the land costs. Mayor O'Reilly asked that this all be in the next Council packet. I 4i J Councilwoman Glick then noted the lease application in Fidalgo Sub- division, with Aekerly and O'Connell. That was tabled. I A lease was discussed by the Committee, near the Dairy -Queen. It was noted this encroacher into an area already applied for by the Rainier Fund, they have contacted Rainier Fund, the letters have not been answered. A lease renewal was received from Raven Transit. The Committee recommended approval. it Councilwoman Glick then noted her commission with the Borough expires June 30, 1080. If the Council wishes to renew her position t with Planning & Zoning, they notice should be sent to the Borough. MOTION: Councilman Md"i moved, seconded by Councilman Measles, to extend Councilwoman Glick's appointment to the Planning; Commission. I Motion passed, with Councilwoman (flick abstaining. { Councilman Arrbarian asked Atty. Delahay if there was a problem with the legality of an appointment of an ex-oificio member as their representative to the Planning Commission. Councilwoman Glick said any citizen of the City of Kenai can serve. Atty. Delahey said he will research the question. l� d H-7 Borough Assembly - Councilman Ambarian reviewed the Assembly meeting. `J 1. Ordinance W26 - rezoning, . ng, approved • I i KENAI CITY COUNCIL JUNE 18, 1080 Page 22 2. The job description for the administrative aid was discussed. 3. They started the process on how they'll allocate the funds needed. 1. PERSONS PRESENT NOT SCHEDULED TO BE BEARD Public Works Director Kornelis spoke. He said he received a lettor from Alaska Statebank, he would like Council approval to reply, regarding Deepwood Park street maintenance. Council approved the reply. Carmen Gintoli, Architect, spoke, lie said the State has put out bids for the Public Ratety building in Roldotna. This is the building the Dopt. of Revenue will be moving into instead of our buildtng. If this is so, there are changes that he would like to make in the design. Councilman Malston noted he was in the Dept, of Revenue recently, and they were very busy. It seems unreasonable to ask the residents of North Kenai and Kenai to pro to Soldotna . Mayor O'Reilly asked if the Council approved of his checking on the results of the Council objwfons. Councilman Malaton suggested Mayor O'Reilly send letters to Rep- resentatives Malone, O'Connell, and Senator Tillion, Council agreed. Ruby Coyle spoke, regarding Council members sitting on Planning i Zoning and on the Council. They cannot vote on the some question In two different bodies, She would like to have the Attorney check on this. Councilman Malston said she is a representative of the City of Kenai on the Borough Pisnning and on the Council, He doesn't we any conflict. Don't we have the same problem with the Borough Assembly members? Mrs. Coyle replied we won't have this Pall. Mayor O'Reilly directed Atty. Delahay to research this problem. Councilwoman Glick said we should make a definite decision on the site for the City Mi. Should we lease or purchase. Should we got an appraisal and buy rather than take a long lease? We did buy the library land. Councilman Ambarian said the library land was Purchased with State funds, This was discussed at a recent meeting. Atty . Delahey said no matter what you do, you will need an appraisal, and every five years we will need a reappraisal. k v '1. KENAI CITY COUNCIL JUNE 18, 1000 Page 23 Council agreed to an appraisal of the land. Clerk Whelan was asked to notify City Manager Brighton of the need for an appraisal. Councilman Ball asked about the salary evaluation problem. Mayor O'Reilly said City Manager Brighton is handling this. Airport Manager Swalley spoke regarding Special Use Permits. In the gravel area, Ball Brothers requests an area for four air- craft, and has not followed up. He has others Interested. Councilman Malston suggested Mr. Swalley contact Ball Brothers tomorrow (8-10-80) and issue an ultimatum. Mr. Swalley replied he did that June 17, 1880. MOTION: Councilman Malston moved, seconded by Councilman Measles, to authorize Airport Manager Swalley to select any other lessee on the same terms as others in the area. Motion passed unanimously by roll call vote. Councilman Mueller noted the area at the and of Forest Drive on the beach, used for recreation purposes. Could we put a dumpster near the Sewer Treatment Plant area? Public Works Director Kornelis replied we have none available. We have one that is illegal. Council- man Malston asked ii this could be modified. Mr. Kornelis said he will check. Ruby Coyle suggested the Park Service mightdo that. Councilman Ambarian asked if there was any other dumpeters acces- sible, to the public. Mr. Kornelis replied he didn't know. Council- man Amberian said he wondered about public liability. r ADJOURNMENT Meeting adjourned at 10: 40 PM. Respectfully Submitted J Whelan, City Clerk J • r I