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HomeMy WebLinkAbout1980-07-16 Council Minutes9 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 16, 1980 PLEDGE Or ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS Ordinance 582-60 - Issuance and Salo of 0400,000 - 0.O, Bonds 3 .21 Ordinance 583-80 - Establishing Special Revenue Fund - Senior Citizen Project - $147,680 .3 Ordinance 584-80 - Amending Title 12 - Regulating Burglar i Hold -Up Alarm Systems . Ordinance 585-80 - Increasing rev/appna - Now Capital Project, Softball Fields Complex - $75,000 G --V. Ordinance 586-80.- Increasing rev/appna - New Capital Project - Youth Center - $525,000 ,.- 7 .4k Ordinance 587-80•- Increasing rev/appns - Grant From State, 1980-81 General Fund Budget - Kenai Peninsula Community Caro Center - $150,000 Ordinance 588-80 - Amending KMC-22.05, Section 70 - ( Property Exchanges, and Now Section for Sale of City - Owned Land to Adjacent Property Owners Y V, Ordinance 590-80 - Amend..nq Title 23 - Now Position, Administrative Coordinator �v-'g-. Ordinance 591-80 - Increasing rov/appns - Now Capital Project Fund, Harbor Study for Study i Dos;ign of Small Boat Harbor in Kenai River - $500,000 Ordinance 592-90 - Maintenance of Gravel Aircraft Parking Ramp - $6,150 C. PERSONS PRESENT SCHEDULED TO BE HEARD 9.1.11* Doris Lashley - Serendipity Lease D. MINUTES 1. Minutes, Regular Meeting - J*ly 2, , 1980 , 4 ' 1 E. CORRESPONDENCE 1. Edward Ferguson, Lease Amendment - Lot 1, Block 1, Gusty S.D. F. OLD BUSINESS * 1. Carr's Parking Lot * 2. Ray Cason Lease * 3. Gerald Wasson Leave 4. Gate 54 Parking Problesma i �l .__ l ii _ If" U r l G. NEW BUSINESS M1 0 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 593-80 - Emergency Ordinance to Allow Entry to Beach Area Other Than Spruce Street 4. Ordinance 594-80 - Purchase of Micro -Film System for City Departments - $16,000 5. Ordinance 595-80 - Increasing rev/appns - Capital Project Fund - Frontage Road - $712,000 6. Ordinance 596-80 - Increasing rev/appns - Capital Project Fund - Bidarka, Barnacle, Caviar, Redoubt, Fidalgo - $1,040,000 7. Ordinance 597-80 - Increasing rev/appns - General Fund Budget - Donation from Kenai Community Library (Furniture) - $2,000 8. Resolution 80-119 - Award of Contract - Construction of Airport Taxiway Lighting & Standby Generation Facility 9. Resolution 80-120 - Transfer of Funds - Services from Bond Counsel Relating to Sale of City Hall GO Bonds - $1,000 10. Resolution 80-121 - Transfer of Funds - Dumpster Rental for Beach - $300 11. Resolution 80-122 - Awarding Contract - Maintenance of City Radios to SouthCentral Communications - $13,632 12. Resolution 80-123 - Awarding Contract - Airport Ta.,;iway Lighting & Standby Generation Facility, Engineering Services - $30,000 13. Resolution 80-124 - Accepting Bids - Equipment Rental - City Parks 14, Resolution 80-125 - Loan Agreement with Alaska Municipal Bond Bank and issuance of Bond to Alaska Municipal Bond Bank 15. Request for Sub -Lease, Katmai Motel - Athanasios D. Maheras 16. Agreement for Vending Machine Concession - Tyler Distributing Co. 17, Contract Agreement - Officer Randall Cordle and City of Kenai 18, Contract Change Order #{1-1A - Sewer Treatment Plant Expansion - Brown & Assoc. - $01,000 19. Estimate for Partial Payment - Sewer Treatment Plant - Brown & Assoc. - $357,094.18 20. Alaska Boiler & Neat Exchanger Service, Inc. - Lube Facility & Addition to Shop Building - $43,300 21. Wince, Corthell, Bryson & Freas - Airport Improvements - $23,676.35 22. Ward Landscaping Service - Equipment Rental - Parks & Recreation - $19,272.50 23. Petition for Street Improvement District - Linwood Lane H. REPORTS 1. City Manager 2. City Attorney 3. Mayor .a, /� t H-4. City Clerk S. Finance Director 6. Planning & Zoning 7. Kenai Borough Assembly S. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT * See Packet of June 18, 1980 I i� 7t- ---------- `'441 i i • 1 4 / ti I T -- -- - - - ----- -- - - . _.: .- .�. ,�: � _- .. - .' _- -- � -- - • -- .. ,Zv ._ _ -- 's- -- - ' -�-'-��.r-�+--,-••----t-„�---•-• •- - -�-_.-ate I o b� KENAI CITY COUNCIL - REGULAR MEETING JULY 16, 1980 - 7s00 PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'RELLLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ray Measles, Betty Glick, Ron Malston, Jess Hall, Dick Mueller, Vincent O'Reilly, Ed Ambarian Absents None AGENDA APPROVAL 1. Mayor O'Reilly said Recreation Director McGillivray has asked the Youth Center Proposal be put on the agenda, as he would like to go out to bid. Council agreed to add this as B-1. 2. Soldotna City Councilman Vern Gehrk: would like to speak. With unanimous consent of Council, he waa asked to add this item as E-2. 3. Mayor O'Reilly noted the letter from Mr. Church, regarding cancellation of his lease. Council agreed to add this item as E-2. 8. PUBLIC HEARINGS 9-1 Youth Center Recreation Committee Chairman Morgan spoke. He said he would like to get permission from the Council to advertise for bid. Mayor O'Reilly noted the Committee and the Council will have an opportunity to review the proposals when they are received. Mr. Morgan said the bid opening is set for August 19, Council will meet the next night. MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to authorize the Recreation Committee to ask for proposals, Councilman Mueller said he was having trouble with the scale. Mr. Morgan explained they will be setting the a,, AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 16, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 582-80 - Issuance and Salo of $400,000 - G.O. Bonds 2. Ordinance 583-80 - Establishing Special Revenue Fund - Senior Citizen Project - $147,680 3. Ordinance 584-80 - Amending Title 12 - Regulating Burglar a Hold -Up Alarm Systems 4. Ordinance 585-80 - Increasing rev/appns - New Capital Project, Softball Fields Complex - $75,000 S. Ordinance 596-80 - Increasing rev/appns - New Capital Project - Youth Center - $525,000 6. Ordinance 587-80 - increasing rev/appns - Grant From State, 1980-81 General Fund Budget - Kenai Peninsula Community Care Center - 0150,000 7. Ordinance 588-80 - Amending KMC-22.05, Section 70 - Property Exchanges, and New Section for Sale of City - Owned Land to Adjacent Property Owners S. Ordinance 590-00 - Amenl..rg Title 23 - New Position, Administrative Coordinator 9, Ordinance 591-80 - increasing rev/appns - New Capital Project Fund, Harbor Study for Study i Design of Small Boat Harbor in Kenai River - $500,000 10. Ordinance 592-80 - Maintenance of Gravel Aircraft Parking Ramp - $6,150 C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Doris Lashley - Serendipity Lease D. MINUTES 1. Minutes, Regular Meeting - Jtly 2,'1980 E. CORRESPONDENCE 1. Edward Ferguson, Lease Amendment - Lot 1, Block 1, Gusty S.D. P. OLD BUSINESS * 1. Carr's Parking Lot 2. Ray Cason Lease * 3. Gerald Wasson Lease 4. Gate 54 Parking Problems 1 t g 0 ; KRNAI CITY COUNCIL JULY 16, 1980 Page 2 square footage in the next two days. Councilman Mueller asked if they were the actual blueprints. Mr. Morgan replied no. Recreation Director McGillivray explained this Lo just a schematic. Mayor ©'Reilly asked if the Recreation Committee was working with the Public works Committee. Mr. Morgan replied yes. Councilman Ambarian arcked are we asking the people with proposals for a price or just eonotruction. Mr. Morgan replied architect plans, price, material, etc. They will be doing the work the committee normally would do. Councilman Mueller naked arc i we just requesting proposals from the contractors then we can review and accept and reject? Mr. - Morgan replied yes. Public works Director Kornelis said he had not had a chance to review this, but in discussing it with Ron Rice, of Rice Dowling 6 Assoc., they are asking for August 18 data. This does not give him much time. The documents must be picked up by August 4. Ron Rice, of Rico Dowling Z Assoc. spoke, lie said what they are trying to do is push with all possible speed. They can make addenda if necessary, The idea is to have the builder work with the architect to design, present and further define per the packet. There's slot of latitude. Councilman hall noted they have one month to draft, etc, That is too tight. Mr, Morgan said the meeting date of the Council is deciding that. Ile agreed it is tight. Councilman Ambarian asked if there was a survey of the property. Mr. nice replied yes. Council- man Ambarian said he again refers to the point made at the last meeting regarding a two story building. Councilman Mueller asked if the Public Works Dept. will review the specs. Mayor O'Reilly replied yes. Notion paused unanimously by roll call vote. B-2 Ordinar_c,� 582-80 - Iasuanco & Sale of 0400,000 - G,O. Sonde NOTION Councilman Measles moved, seconded by Councilwoman Glick to adopt the ordinance. Atty. Oalahay explained this was a substitute ord- inance, there were some minor changes. �1 4 'QS{ 1 k 3 i A" 0 KENAI CITY COUNCIL JULY 16, 1180 Pago 3 NOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance with amendments. There waa no public comment. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Notion: Notion passed unanimously by roll call vote. Mayor O'Reilly asked Finance Director Brown if these bonds qualify under State Legislature subsidy. Mr. Brown replied he did not think so. Mayor O'Reilly asked if we would have to do negotiating if they don't qualify for 8%. Mr. Brown replied yes. Mayor O'Reilly asked do we have an 8% limit? Mr. Brown replied no. B-3 Ordinance 583-80 - Establishing Special Revenue Fund - Senior Citizens Project - $147,680 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-4 Ordinnnce 584-80 - Amending Title 12 - Regulating Burglar 6 Hold -Up Alarm Systems MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Councilman Mueller said he had a discussion with a person in the business of installing systems. The dialer devices specified are outdated and being phased out. Police Chief Ross explained he agrees, the ordinance makes provisions to change this at a later date, at the same time regulating those in existence. Motion passed unanimously by roll call vote. I J a s -, KENAI CITY COUNCIL JULY 16, 1980 ` Page 4 B-5 Ordinance 585-80 - Increasing rev/appns - New Capital Project, Softball Fields Complex - $75,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Councilman Mueller said he had discussed this with Finance Director Brown, at that time funds were not approved, have they been approved? City Manager - Brighton replied no. Mayor O'Reilly noted he had heard this date regarding the $600,000 recreational facilities, the State Dept. of Administration could not find anything in lagislative intent indicating $525,000 was to be spent on the youth center and $75,000 on other facilities. That was the intent when he went to Juneau in January. Representative Malone had called and will send a telegram to Miss O'Day that this is their intent, that this would cover the youth center and softball facilities. Councilman Ambarian asked if there was some wording we can put in the ordinance. Councilman Mueller said after his discussion with Miss O'Day, He had no problem with this. We are spending money on a promise, but he feels pretty certain the funds are coming. Councilman Ambarian asked how soon will this be out to bid? Mayor O'Reilly replied the softball is not yet, but it is involved with the youth center.Pub- lic Wks.Director Kornelis noted the fencing is already bid out. Atty. Delahay said there is a legal problem. An expression of intent does not determine what the law is. He would like to see it amended. MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick, to amend the ordinance to add after the para- graph beginning, "Now, THEREFORE", at the end of the sentence, "made subject to funding and authorization by the State." VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion; W. Motion passed unanimously by roll call vote. i i 1 1,011 - - I1 r R 1, n 0 KKNAI CITY COUNCIL JULY 160 1980 Page 5 8-6 Ordinance 586-80 - Increasing rev/appns - New Capital Project - Youth Cantor - 0525,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the ordinance subject to author- ization from the State. There was no public comment. Motion passed unanimously by roll call vote. 8-7 Ordinance 587-80 - Increasing rev/appns - Grant From State, 1980-81 General Fund Budget - Kenai Peninsula Community Care Center - 0150,000 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick and to adopt the Ordinance There was no public comment. Motion passed unanimously by roil call vote. 8-8 Ordinance 500-80 - Amending KMC-22.05, Section 70 - Property Exchanges, and New Section for Sale of City - Owned Land to Adjacent Property Owners MOTIONS Councilwoman Glick moved, seconded by Councilman Nalston, to adopt the ordinance. There was no public comment. Atty. Delahay requested paragraph beginning, "22.05.075 Pro ert ", line 7, be changed to reed, "is of suc small size, shape or location", etc. NOTION, Amendments Councilman Mueller moved, seconded by Councilwoman Glick, to amend the motion as requested by Atty. Delahay. VOTE, Amendments Notion passed unanimously by roil call vote. i .5 � u^ WI t '1 L r KENAI CITY COUNCIL JULY 16, 1980 Page 6 VOTE, Main Notions Motion passed unanimously by roll call vote. B-9 Ordinance 590-80 - Amending Title 23 - New Position, Administrative Coordinator Tom Wagoner, of the Harbor Commission, spoke. fie said the Harbor Commission would like to have the Council table this ordinance until the Commission has had time to discuss this. Probably July 29, 1980 will be their next meeting. MOTIONt Councilwoman Glick moved, seconded by Councilman Malston, to table the ordinance until Sept. 1, 1980. Councilwoman Glick, with consent of second, corrected the date to the first meeting in August. Motion passed unanimously by roil call vote. 8-10 Ordinance 591-00 - Increasing rev/appns - New Capital Project Fund, Harbor Study for Study a Design of Small Boat Harbor in Kenai River - 0500,000 MOTION: Councilwoman Glick moved, seconded by Councilman Nalston, to approve the ordinance. There was no public comment. Councilman Mueller had two questions: 1. Are we creating a new permanent position or a temporary position? 2. Are we creating funds for a classification we just tabled? Councilman Ambarian asked if he wanted to table the motion. Councilwoman Glick noted if we table this, is this also going to affect proposals for design and other work relating to this position? Mayor O'Reilly said if we pass this ordinance, they can start getting proposals out. Finance Director Brown said the Harbor Commission has a budget, they can advertise, Council could not accept until it is approved. They cannot hire for the position until it is created, the money is in the account, it just cannot be used. 1 1 i w, M­ N_ - KENAI CITY COUNCIL .� JULY 16, 1980 1 Page 7 MOTIONS Councilman Mueller moved, seconded by Councilman Ambarian, to table the ordinance until August 1, 1980. Mayor O'Reilly asked Finance Director Brown, if the Harbor Commission puts out proposals and we pass this ordinance, will be expediting their work, and if we don't, will we be delaying their work? Councilman Ambarian noted Mr. Wagoner made the point that the Commissioners have not had time to review the ord- inance. City Manager Brighton said we are stopping future movement by the Harbor Commission until the money is approved. The general fund money is being used as matching fund for the grant the Harbor Commission is seeking, if you deplete money from the general fund you will not have money for ad- ministration. The grant is already applied for. If you table you have no money for the Harbor Commission to work with. Pinance Director Brown said he has no problem with money being appropriated - It won't be approved until Council approves. They have moneys to advertise with. City Manager Brighton asked Administrative Coordinator Davis if the general l budget moneys are being used for the match. Mr. Davis replied there is $2,000 left in the general L fund. Atty. Delahay noted if the appropriation ` passed, you can always make changing resolutions. Mr. Wagoner said Mr. Davis' contact ran out last night. He suggests the Council extend the contract for sixty days. VOTE, To Tables Motion failed, with Councilman Ambarian voting yes. VOTE, To Approve: Motion passed unanimously by roll call vote. 8-11 Ordinance 592-80 - Maintenance of Gravel Aircraft Parking Ramp - $6,150 NOTION: Councilman Measles moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD q! N i f i t, I ■ KENAI CITY COUNCIL JULY 16, 1980 Page 8 C-1 Vern Gehrke, Soldotna City Councilman Councilman Gehrke explained the Soldotna Council has accepted the hockey arena plan in Soldotna. He was one of two who voted against it. The original cost was estimated at $75,000 to $100,000. 1. The original figure was $82,000 - Income, $30,000 - Expenses. 2. It was raised to $92,000 - Income, $50,000 - Expenses. 3. The 3rd increase was $103,000 - Income, $94,000 - Expenses. He feels the income they're showing will not cover expenses. The City has $300,000 for planning, he is on the committee. The original proposal was to locate it down by the College. Most of the users would be frova Kenai. He would like a multipurpose building. If the City of Kenai accepts the building, he will ask for a public hearing. Soldotna never had one. He then asked if the City of Kenai would be willing to pay one-half of the expenses. He further explained Soldotna Council claims they will make enough, he doesn't believe it. Mayor O'Reilly asked if the $300,000 was for a design study. Councilman Gehrke replied yes. Mayor O'Reilly asked if it was done by professionals in the field. Councilman Gehrke replied yes. Mayor O'Reilly suggested it be referred to•the Public Works Committee. He asked Councilman Gehrke to provide information to Councilwoman Glick, the Committee will come back to Council with a rec- oznmendation. He asked Councilman Gehrke to convey to the Soldotna Council that we will always have an open ear to joint proposals. Councilwoman Glick asked, if our recommendation is to pay, will we pay any overrun? Mayor O'Reilly replied yes. Councilman Gehrke noted they will be "crystal -balling" this. Councilman Measles asked is the location in Soldotna firm? Councilman Gehrke replied he had asked Juneau why it had to be at the College. The State said it could be any place. If Kenai picks up part of the L "tab", he feels it should be left where it is. If Soldotna pays, he feels it should be put down in town. He would like to see it built as a multi -purpose KENAI CITY COUNCIL JULY lb, 1980 Page 9 building. Councilman Hall asked if it would have to be redesigned to make it multi -purpose. Council- man Gehrke replied yes. Council agreed to refer it to the Public Works Committee. C-2 Doris Lashley - Serendipity Mrs. Lashley noted in the fish business, the market is going up. There is a shortage of fish, there is a deluge of buyers, her company got 50% of the Cook Inlet. Her company looks much better, they are re- financing. They are filing for 100% payoff. There is support from the City and Legislature. In four to five weeks, things should be under control. Re- garding the hotel, nothing has changed. It should be one year off, she would like a one year extension, but she will take 90 day extensions if the Council wants. Sea Catch will go public after refinancing, there will be a larger base for investing. Mayor O'Reilly asked what is the status of lease? Are the lease payments up-to-date? Finance Director Brown replied for the fiscal year, it is a $32,000 lease, there is no money paid, plus penalties and interest, set up on a monthly basis. He further noted the 90 day extension is up this date. Atty. Delahay said if the lease expires, Administration should cancel the lease. The Council should take action. NOTION s Councilman Ambarian moved, seconded by Councilwoman Glick, to extend the lease six months. Councilman Hall asked with a lease that far in arrears, doesn't that give those who pay current problems? Councilwoman Glick asked can't the income from Sea Catch be used for paying the arrears? Mrs. Lashley replied yes, after all is settled. Mayor O'Reilly asked if the lease is cancelled, is Serendipity still liable? Atty. Delahay replied yes. Council- man Ambarian noted Council has always been in support of this project. This is not any different than other leases. Mrs. Lashley always comes forward to give us the status. Mayor O'Reilly asked Councilwoman Glick if the Public Works Committee has any other interest in this land. Councilwoman Glick replied no. She noted the parcel near that one was put up for sale but was not sold. Mayor O'Reilly asked City Manager Brighton if Administration had any interest. City rJanager Brighton replied no. r i ? KENAI CITY COUNCIL JULY 16, 1980 k Page 10 Mayor O'Reilly and Councilwoman Glick noted they had sons working at Sea Catch, would there by any problem with them voting? Atty. Delahay replied no. Mayor O'Reilly noted this would make the extension to mid - January. Motion passed, with Councilmen Measles, Malston, Ambarian, Councilwoman Glick voting yes; Council- men Hall, Mueller, Mayor O'Reilly voting no. I D. MINUTES D-1 Minutes, Regular Meeting - July 2, 1980. Clerk Whelan asked the addition on page 9, paragraph 10, line 2, to read, "of second. Question was raised as to passage of finance ordinances. Atty. Delahay , I stated appropriating ordinances could be read the second i time with unanimous consent, and become effective on the date of the first hearing." Council approved the change. I Clerk Whelan asked the addition on page 9, paragraph 11, "MOTION," line 2, to read, "Glick, to i introduce the ordinance as amended." Council approved the change. Clerk Whelan asked the addition on page 10, before the first paragraph, to read, "There was unanimous consent f of Council for second hearing." Council approved the change. Clerk Whelan asked the addition on page 14, H-1, City Manager, 88, line 3, to read, "ing. He has agreed to give the City from his PERS." Jam. Council approved the change. E. CORRESPONDENCE E-1 Edward 8urgeson, Lease Amendment - Lot 1, Block 1, Gusty S.D. Atty. Delahay explained this is a redetermination. It - was last done in 1970. Mayor O'Reilly noted the Borough Assessment is $21,000. Is ours different? Atty. Delahay replied the new lease is twice as much, $116,000 in 1980. The 1500 cap is higher than the 1980 appraisal. Mayor O'Reilly asked if there is any action to take other than proceed with the reappraisal and evaluation. Atty. Delahay replied no. k I I IR I i O KENAI CITY COUNCIL JULY 16, 1980 Page 11 There was no action taken by Council. E-2 W. Church - Cancellation of Lease MOTIONt Councilman Ambarian moved, seconded by Councilman Measles, to accept the offer. Motion passed unanimously by roll call vote. T P. OLD BUSINESS - 8-1 Carr's Parking Lot i . Atty. Delahay said he had been asked to review this situation, but had not had time to. Councilwoman Glick said this was referred to the Public Works Committee. At that time Atty. Delahay was supposed to get the information from Anchorage Municipality. The meeting was not held because they did not have the information. Atty. Delahay noted 2 problems raised by the police chief arez F+ 1 1. Enforcing the action _ 2. How many police would be needed. Councilwoman Glick said she would like to see the ordinance r� used by Anchorage Municipality. She noted the Carr's people from Anchorage are here and would like an answer, but she would like to review the ordinance first. Council- man Ambarian suggested a work session with the Public Works Committee and Carr's representatives. Council agreed. DAte was set at July 24, 1980. i P-2 Ray Cason Lease Atty. Delahay said this was another renegotiation, it was sent to the Real Estate Committee. Councilman Mueller said the Committee had several meetings. The concensus was they would like a full Council work session. This will set policies future Councils will have to work with. There was some discussion on the ■I� r KENAI CITY COUNCIL © JULY 16, 1980 ►�I Page 12 meeting times. It was settled at$ 600 - with Atty. Delahay 7s00 - with Carr's representatives 8s00 - Council work session Clerk Whelan was asked to notify everyone. City Manager Brighton suggested the Fire Chief, Police Chief and City Manager also attend. P-3 Gerald Wasson Lease Mayor O'Reilly said this could be included with the Ray Cason lease discussion. Council concurred. F-4 Gate 54 Parking Problems Councilwoman Glick said this could also be discussed at the work session. Council concurred. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified ry£ Finance Director Brown asked to add Rogers Alaska Painting, $1,440, for the library painting. MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the bills with the addition requested by Finance Director Brown. Motion passed unanimously by roil call vote. G-2 Requisitions Exceeding $1,000 Mayor O'Reilly asked Finance Director Brown about the Alaska Cleaners billing. Mr. Brown explained r this was just a requisition, we are not paying. MOTIONs Councilman Measles moved, seconded by Councilwoman Glick, to approve the requisitions. Councilman Mueller said, in referring to the Honeywell contract, there are local service people that can service these. Councilwoman Glick said they had given i i . i KENAI CITY COUNCIL JULY 16, 1980 Page 13 us the proposal last winter, the public Works Committee decided to go with this proposal. Councilman Mueller said he agrees, but at that time there was no one locally who could do this, now there is. This is just for future reference. Motion passed unanimously by roll call vote. G-3 Ordinance 593-80 - Emergency Ordinance to Allow Entry to Beach Area Other Than Spruce Street. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, to introduce the ordinance for discussion and declaring it an emergency. Don Brown, of Brown Construction, spoke. He said the reason for the opening on Forest was to get vehicles down there in case the utilities were j in the way of excavation. They have a reserve gate on Spruce Street. They just want the opportunity to use this if they have to. If they get shut off, they want another access. Councilman Ambarian asked if, rather than changing the ordinance, this could be done by special permit. Att. Delahay replied no, this is in essence, what the ordinance does. The ordinance does not give Mr. Brown permission to enter, just the City Manager has authority to give a permit. Council- man Mueller said he has reviewed the area. The vehicles are going down there and doing damage. He questions if this is an emergency. Mayor O'Reilly explained it is a time problem. Mr. Brown agreed. If they cannot do this, there will be a change order. All they are asking is if they do get a bottleneck, they can have access. City Manager Brighton suggested the Council ask the City Engineer and the Project Engineer if this is a reasonable request. Gordon Nichols, CH2M Hill, spoke. He said there have been changes which have changed access to the plant. He feels the request is reasonable. Public Works Director Kornelis said he had no objections. He would like to point out the City Manager will be able to set conditions. He would like to have the contractor go back ands 1. Fix up the hill 2. Make sure it is seeded and watered 3. Regarding the agreement with the fence company, make sure he satisfies the contract regarding the guard rail. M KENAI ^TTY COUNCIL r JULY 16, 1980 Page 14 Councilman Ambarian stated from what they've heard, the change in access is due to project conditions. It would be reasonable to ask the contractor to spend additional money to repair and regrade this particular access. Mr. Nicholson replied whether they have made additional cost is questionable. NOTION Councilman Mueller moved, seconded by Councilman Malston, to amend the ordinance to read, page 2, paragraph 1, lines 8 & 9, be changed to read, "showing good cause for such extension. The City Manager shall condition such permit or permits on repair," Councilman Malston said he would like to have a terrace built to prohibit access to four-wheel vehicles. Atty. Delahay explained in the amend- ment, the City is paying for the work, a bond is not necessary. Councilman Mueller said the word "may" was not in the section requiring bonding. Councilman Ambarian asked if this passes, will there be a difference of opinion between the contractor and the Council on who created the re- quirements for access to the bluff? Atty. Delahay re- plied he didn't think the City is admitting any- thing by passing the ordinance. Even after the hole is filled in, it would appear it was more open on Spruce than Forest. This is a convenience for Mr. Brown or for future utilities. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motions Motion passed, with Councilwoman Glick and Council- man Ambarian voting no. Councilman Ambarian said he has no problem with the ordinance as it stands, just the possible difference with the contractor down the road. Councilwoman Glick said it was the opinion of Atty. Delahay and the concensus of Council, that the City does not admit any liability. Councilman Ambarian asked if "necessity and convenience" go along with an emergency ordinance. Atty. Delahay replied it is if sewer and water are affected. we are taking Mr. Brown at his word that it is an emergency. Councilman Measles said he doesn't see this as an emergency. It is not needed immediately, but to change the ordinance would allow something to be done if it is needed immediately. Mr.Brown agreed. KENAI CITY COUNCIL JULY 16, 1980 Page 15 VOTE, to have second readings Proposed action failed, with Councilmen Measles, Hall, Ambarian & Mayor O'Reilly voting yes; Councilmen Malston, Mueller & Councilwoman Glick voting no. Mayor O'Reilly noted the second hearing would be August 6, 1980. G-4 Ordinance 594-80 - Purchase of Micro -Film System for City Dopartmonto - $16,000 MOTIONS Councilman Ambarian moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roil call vote. 0-5 Ordinance 595-80 - Increasing rev/appns - Capital Project Fund - Frontage Rd. - 0712,000 MOTIONs Councilman Ralston moved, seconded by Councilman Measles to introduce the ordinance. Councilman Ambarian said we are trying to set an amount, but no assessment district is mentioned in the ordinance. The original letter from the property owners discussed an assessment district. ' This was also discussed at the public hearing. Public works Director Kornelis said it was discussed, but he had asked for complete funding from the State. Assessment districts are set up so property owners can pay back, in this case we are getting money from the State. If an assessment district is set up, it would go back to the State. Council- man Mueller noted this is not an assessment district, the property owner will not have to pay. Councilman Ambarian said in the original discussion, the property owners indicated they were willing to participate. The 1000 State project is a surprise to him. Council- man Ralston agreed with Councilman Ambarian. He noted the Atty. had said at the meeting that State - funding would not have an assessment district. Frontage Rd. is not like a subdivision, it is used - by all the people of the community. Councilman Ambarian said he felt questions would be asked by the taxpayers, even though it is used by the public, it would still increase the value of the land. Councilwoman Glick said she agreed with Councilman Ambarian. She asked would Frontage Rd. be on the { same par as Willow St.? They are not being assessed, KENAI CITY COUNCIL JULY 16, 1080 Page 16 not even for their lighting. Councilman Ambarian said the end result would be the same, but the result of Frontage Rd, was at the requoat of the property owners. They are still willing to pay, if we can got assossments, the money could go further. Councilwoman Glick asked Atty. Dolahay to check out the legal ram- ifications of an assessment district. Motion passed unanimously by roll call vote. G-6 Ordinance 596-80 - Increasing rev/appns - Capital Project Fund - Bidarka, Barnacle, Caviar, Redoubt, Fidalgo - 01,040,000. MOTIONs Councilman Malston moved, seconded by Councilman Mueller, to introduce the ordinance. Notion passed unanimously by roll call vote. 0-7 Ordinance 597-80 - Increasing rev/appns - General Fund Budget - Donation from Kenai Community Library �. (PurniturW - 02,000 MOTIONs Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Notion passed unanimously by roil call vote. Mayor O'Reilly asked why the effective date was July 16. Finance Director Brown explained he would like the 2nd reading tonight. VOTE, 2nd Hearings Council voted unanimous approval for the 2nd hearing. MOTIONS Councilman Ambarian moved, seconded by Councilman Malston, to approve the ordinance. There was no public comment. Motion passed unanimously by roil call vote. G-0 Resolution 00-119 - Award of Contract - Construction of Airport Taxiway Lighting 6 Standby Generation Facility i i 1 i KKNAI CITY COUNCIL JULY 16, 1980 Page 17 MOTIONS Councilwoman Glick moved, ac3conded by Councilman Malston, to adopt the resolution. Public Works Director Kornelis said he would like to request postponement, beeauses 1. There is a funding problem, the bids came in higher than the estimate. 2. They need a clarification on the bids. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to postpone action on Resoiuton 80-119 until the first meeting in August. Public Works Director Kornelis said the intent was to do the research this week and have a special meeting to approve the bids. Councilwoman Glick suggested Mr. Kornelis review and have a telephone poll. Mr. Kornelis explained, Coastal Inc is the general contractor,,, There are two subcontractors - Air Tech and *w9w4 Trucking. The contractor should perform 518 of the work. Coastal Inc. posted the bond for the subcontractor. He has been contacted by attorneys regarding this section. He will have to research to see if we should rebid. They have not contacted Coastal yet. They may haves a solution, the attorneys mentioned Coastal does not have an Alaska electrician's license. Also we are over our budget. City Manager Brighton asked how much are we over? Mr. Kornelis replied quite a bit. Councilwoman Glick asked where would the funding be from? Mr. Kornelis replied, City - 3,1256, State - 3.12S% FAA - rest Councilman Mueller suggested this be included in the July 24 work session. Councilwoman Glick reminded him this was only a work session. Councilman Mueller suggested having a special meeting prior to the work session. X,ty. Delahay said he didn't know if the provision for SIS of the work is FAA or State requirement. If it ia, i Fs ... Ai. . ,...- .. KENAI CITY COUNCIL JULY 16, 1980 Pago 18 we will have to live with second best or put out to bids again. if it isn't, we could Put out to bids again without the requirement. 51% can be assigned to subcontractors, but we may have to go to court. He suggests we hold up on it. He feels insecure with the bid document. He has called FAA, they will check. We should also call the State. This should be post- poned. Councilman Ambarian said Public Works Director Kornelis and Atty. Delahay should have a chance to resolve the problem. City Manager said the real prob- lem is the 0100,000-plus the FAA has to come up with, and they say they do not have it. He thinks the other problems can be resolved. Ro er Hall, representative from Air Tech, spoke. He said we do have a problem. The work has not begun, the contractors have many options. Atty. Dolahay noted this is a resolution, not an ordinance. Anything tabled is killed. We can draft another resolution at a regular or special meeting. If it is postponed, administration might be tied till another meeting. Councilwoman Glick, with consent of second, withdrew the motion. VOTE, Main Motions Notion failed by unanimous roll call vote. G-9 Resolution 80-120 - Transfer of Funds - Services from Bond Counsel Relating to Sale of City Hall G.O. Bonds - $1000 MOTIONS Councilman Nalston moved, seconded by Councilwoman Glick to adopt the resolution. There was no public comment. Notion passed unanimously by roll call vote. G-10 Resolution 80-121 - Transfer of Funds - Dumpster Rental for Beach - 0300 MOTIONS Councilman Nalston moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. Notion passed unanimously by roll call vote. I r' Jfliwi�:�=++r+�.a�++e�r:r:.�Nh..�Yiii�'. - - 'lr • - - --- 'l � .:4.� KENAI CITY COUNCIL JULY 16, 1980 i Page 19 G-11 Resolution 80-122 - Awarding Contract - Maintenance of City Radios to SouthCentral Communications - $13,632 MOTIONS Councilman Measles moved, seconded by Councilman Ambarian, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-12 Resolution 80-123 - Awarding Contract - Airport Taxiway Lighting & Standby Generation Facility, Engineering Services - $30,000 Councilman Measles proposed postponement on this resolution till action on the other resolution is complete. I With concurrence of Council, Mayor O'Reilly ordered Postponement until resolution 80-119 is complete. 0-13 Resolution 80-124 - Accepting Bids - Equipment Rental - City Parks MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-14 Resolution 80-125 - Loan Agreement with Alaska Muni- cipal Bond Bank and Issuance of Bond to Alaska Municipal Bond Bank MOTION: Councilman Measles moved, seconded by Councilman Mueller, to adopt the resolution. There was no public omment. Notion passed unanimously by roll call vote. G-15 Request for Sub -Lease, Katmai Motel - Athanosios O. Maheras MOTIONS . J i t i KENAI CITY COUNCIL JULY 16, 1980 Page 20 Councilman Ambarian moved, seconded by Councilwoman Glick, to adopt the request for sub -lease. Atty. Delahay said this refers to the liquor license application previously discussed in Council. Notion passed unanimously by roll call vote. G-16 Agreement for Vending Machine Concession - Tyler Distributing Co. MOTIONS Councilman Ambarian moved, seconded by Councilman Measles, to approve the agreement. Councilman Ambarian asked if this agreeeent was restricted to coffee and soft drinks. Atty. Delahay replied yes, any changes must be with approval of the airport manager. Councilman Ambarian noted this contract gives exclusive concession privileges for all machines to Tyler. Atty. Delahay explained this doesn't give exclusive rights, but the City should give Tyler first option. Notion passed unanimously by roil call vote. G-17 Contract Agreement - Officer Randall Cordle and City of Kenai MOTION: Councilman Ambarisr. moved, seconded by Councilman Measles, to approve the agreement. Motion passed unanimously by roll call vote. G-18 Contract Change Order #1-14 - Sewer Treatment Plant Expansion - Brown & Assoc. - 081,000 MOTION: Councilman Ambarian moved, seconded by Councilman Measles, to approve the change order. Motion passed, with Councilwoman Glick voting no. 0-19 Estimate for Partial Payment - Sewer Treatment Plant - Brown & Assoc. - 0357,094.18 MOTION: Councilman Ambarian moved, seconded by Councilman I It u I 1 1 I KENAI CITY COUNCIL JULY 16, 1980 Page 21 Measles, to approve the payment. Motion passed unanimously by roll call vote. G-20 Alaska Boiler & Heat Exchanger Service, Inc. - Luba Facility & Addition to Shop Building - $43,300 MOTIONS Councilman Ambarian moved, seconded by Councilman Moaales, to approve the billing. Councilman Ambarian asked if there was any retention money in this project. Public Works Director Kornelis replied there might be, he will check. Councilman Ambarian asked if the hoist was checked. Mr. Kornelis replied it is not installed, just the portion installed in concrete. Mr. Kornelis further noted there might be a 106 retainage fee in the project. MOTION, Amendment: Councilman Ambarian moved, with consent of second, to approve the billing subject to retainer on partial payments, if the documents so show. Motion passed unanimously by roil call vote. G-21 Wince, Corthell, Bryson & Freas - Airport Improvements - 023,676.35 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. G-22 ward Landscaping Service - Equipment Rental - Parks & Recreation - $19,272.50 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the billing. Councilman Ambarian said he had been told some of the work was being done at 200 and 300 AM. City Manager Brighton replied he had heard that too. Recreation Director McGillivray said there had been two or three nights of that, but it is done now. r-. f� KENAI CITY COUNCIL JULY 16, 1980 Page 22 Notion passed unanimously by roll call vote. G-23 Petition for Street Improvement District - Linwood Lane Public works Director Kornelis distributed pictures of the area. He explained the people had asked for an assessment district or a public improvement district. However, the petition was not presented that way. The people want the City to pay for it. They feel the sand pit is at the and of the road, and the City should pay 100% of it. City Manager Brighton asked Mr. Kornelis if the street meets specs. Mr. Kornelis replied no. Councilman Ambarian said many streets do not meet specs, it was passable until the City started using it for nonresidential use. it will also be accessible to the park. Mr. Kornelis said it has been bad the last three years. Last year the City spent much money on the road, it will be an extensive repair job. Councilman Ambarian asked that it be referred to the Public Works Committee. Atty. Delahay explained when he drew up the petition, he understood they were willing to pay a portion. He did not know the City had accepted the road. He told them they should take around a petition and if they couldn't get enough signatures, they would ask the City to improve it. If they passed a petition around with the understanding that the City would pay the improvements, it is not proper. However, if the City feels it is the responsibility of the City, they could refer it to the Public Works Committee. If they want to be a public improve- ment district, there should be a new petition with the understanding the people will pay. Mayor 0' Reilly suggested a letter be sent, explaining it is an improvement district and they will have to pay a portion. City Manager Brighton said he had talked to Finance Director Brown, there are two ways to finance: I. G.O. Bonds, but they are all used up. 2. Special assessment bonds, this way the people will pay all of it. Mr. Brighton continued, he suggested the Public Works Committee review this so the street can be brought up to specs. Councilwoman Glick asked if this was all of Linwood or just the front portion already done. She felt the front portion was not bad. Aec. _ . _--------_._ __"`=•�c_._._. ___ ...- _.. _ _ sates - - - _ _- KENAI CITY COUNCIL JULY 16, 1980 Page 23 It was unanimous agreement of Council that this included all of it, it reads, south of Spur Road. Mr. Kornelis noted this would involve much money and work. Mayor O'Reilly reiterated we must acknow- ledge. Councilman Ambarian said we are doing this by referral to the Public Works Committee. He suggested one letter be sent now and one later, after the Committee meets. Mayor O'Reilly directed City Manager Brighton to write the letter. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. Carmen Gintoli, architect, had told him that Mr. Gintoli's application to Department of Energy for an air-to-air heat exchanger had been accepted, it was for $8,000. It was one of 200 awarded out of 4,000 submitted. He suggested a letter of appreciation should be written. y Council agreed. 2. Janitorial service with Craig Z Son, the contract has been signed, the company has sent a note of apology. The delay had been unavoidable, there had been a death in the family. 3. Letter of protest regarding Kenai High School deletion from school budget, the letter has not been sent. He tried to get a budget, but couldn't. School Administrator Dick Swarner had told him the construction report is not on the five year schedule. Mr. Brighton listed the proposed projects, and explained there is no time table for these projects. Councilman Ambarian said there is a published report on the five year program. He suggested Mr. Brighton call Walt Ward, at the school district. 4. Vesta Leigh, Dispatcher, regarding doors of Bear's Lair Gift Shop. No. Leigh had done all the engraving on the door, and would like to purchase them from us. She is willing to pay $75. Airport Manager Swalley noted we don't need theca. Mayor O'Reilly asked who paid fui them originally. Councilman Ambarian replied that is part of the lease, all improvements belong to the City. i KENAI CITY COUNCIL JULY 16, 1960 Page 24 Council agreed unanimously to sell the doors to Ms. Leigh. 5. Dept. of Revenue transfer of offices. Mr. Brighton received a call from Mr. Mann of the Dept. of Natural Resources, asking if he had an objection to transfer of real estate in Soldotna, to be used to construct a State Trooper facility. Mr. Brighton arcked if Dept. of Revenue would be in there. Mr. Mann told him the original intent had been yes, now it is a "political hot potato," and it might be changed. Mr. Brighton also noted the Administration had sent letters as requested. 6. Day Care Assistance Program. He has received a letter from the Day Care Assistance Program, there has been $78,000 allotted. They have advertised for a sub contractor, and received one bid. The Dept. wants the City to re -adver- tise. They will be in town in one week. Council agreed to re -advertise. 7. Itinerant Merchants. Mr. Brighton reviewed the pottery merchant, he has set up a display in a local private parking lot. Mr. Brighton referred to Atty. Delahay. Atty. Delahay said the ordinance covering itinerant merchants is pretty broad. Atty. Delahay reviewed the minutes explaining the intent of the ordinance when passed, and reviewed the ordinance. He suggested the ordinance be changed. Mr. Brighton said if the ordinance is strictly enforced, the Salamatof concession and the Carr's amuse- ment concession would have to be closed, they are both under 120 day businesses. He referred to Clerk Whelan, who said she felt if the ord- inance was strictly enforced, we were liable for possible lawsuits for restriction of free trade. Councilman Ambarian said he agreed with the original intent of the ordinance, to be used primarily for "future delivery" merchants. Councilwoman Glick said she felt they should not compete with local business. if we have an ordinance, it should be enforced. Council- man Malston asked whose land the pottery mer- chant was on. Mr. Brighton replied the grocery store, with their permission. Councilman Malston said they should have an assignment of lease. Councilwoman Glick said there is a rental of $25 per month to Mr. Crabaugh, there is no written agreement. Councilman Malston asked if they need the consent of the City. KENAI CITY COUNCIL JULY 16, 1980 Page 25 Atty. Delahay replied yes. Councilman Malston asked if they were collecting sales tax and remitting. Atty. Delahay replied, regarding the sales tax - yes. Regarding the lease, each lease is different. But most require notification to the City of a sub -lease. Councilman Malston asked if there is a trailer ordinance. Mr. Brighton will check. He noted Salamatof will have to make different arrangements. Atty. Delahay said he will have to check with Salamatof. Police Chief Ross said the ordinance was brought up in 1975, with the assistance of the retail merchants and the Consumer Protection Agency. The Consumer Protection Agency explained it was a loose ordinance intentionally. Strict enforcement could not be done without a lawsuit. it was intended for "future delivery" merchants. An example of its use was the knife sharpeners recently in this area, they were on the north road, but were unable to perform any service in the City. The police were able to stop them by using this ordinance. The ordinance stops fraud without restriction of trade. Strictly enforced, it would be a protectionist ordinance, and a restriction of free trade. Councilwoman Glick said she can't see anything wrong with requiring a permit. The full requirements are too strict, she admitted. But we need protection for the local store owners. Mayor O'Reilly asked who enforces safety? City Man- ager Brighton replied the building inspector and the fire department. Atty. Delahay said there is a possible legal problem. The Green River Ordinance kept out door-to-door salesmen, but if it went to Court, it would cost money. most itinerant merchants would shove out, rather than fight a costly legal battle. With local residents, it is a different situation. (by local, he means State, Borough, and CJ.ty)Those with a local address can be sued, a bond is feasible. Most items for sale are of small value, it not worth going to court. He does not believe in selective enforcement. He feels we should change the ordinance and enforce it. Chief Ross said this should be a zoning ordinance, not a police matter. The ordinance was designed to take care of fraud. The provision to protect local business should be a zoning ordinance. Mr. Brighton noted even the advertising is restricted. Chief Ross reiterated the ordinance was prepared by the Consumer Protection Division. At the time we were warned that strict enforcement could not be handled. The City of Kenai was the first in the State to have this. Councilwoman Glick said KENAI CITY COUNCIL JULY 16, 1980 Page 26 7. MOTIONS she still felt we should have some type of ordinance. If Atty. Delahay feels this should be amended, she suggests he review it and suggest changes. Mr. Brighton said he agrees, with strict enforcement, no one could apply. Atty. Delahay replied he has already reviewed it. Councilman Malston said if they are comply- ing with the State, sales tax requirements, trailer ordinances, he has no problem. Atty. Delahay compared this to the Mobile Food Vendor's License. Councilwoman Glick asked if Saiamatof comes under the Mobile Food Vendor's License. Atty. Delahay explained they prepare in Salamatof's kitchen. Councilman Malston noted there is a Mobile Food Vendor by Kenai Joe's. Councilwoman Glick suggested the ordinance be amended to delete the restrictions, that if they have a business license, sales tax number a City permit, and are in compliance with zoning, they could practice. Mayor O'Reilly suggested further discussions with the Attorney. Parking of Caravans. Mr. Brighton noted the Air- stream Caravan was to be here three days, and were to park at the FAA area. with the great amount of rain, it was hazardous to park there. Last year, the Council refused parking on the green strip. However, at the time, there was nothing else they could do, So they parked there. It worked out satisfactorily. The Chamber of Commerce has asked that in the future, written permission be granted from the City when it is necessary. He also noted there are two more caravans ex- pected. Councilman Malston moved, seconded by Councilman Measles, that at the discretion of the City Manager, the green strip could be used on a temporary basis, not to exceed five days and limited to caravan -type situations. Motion passed with Councilman Amnarian voting no. Councilwoman Glick asked Mr. Brighton if he had, written up the airport section 36 land disposal yet. Mr. Brighton replied no. Councilwoman Glick discussed the City park. An organ- ization was there, and they requested the sewer facilities be pumped out. It is not very well taken care of. Are the receptacles dumped and the sewage pumped on a regular basis? Recreation Director McGillivray said 40 O M KENAI CITY COUNCIL JULY 160, 1900 Page 27 when the Scouts were there, there was no money in the budget. Last year it cost 060 per unit to pump the bathrooms, it is expensive. The trash receptacles were dumped two times last week, and will be dumped two times each week all summer long. Councilwoman Glick asked if there was any check to see if it was done. Mr. McGillivray replied no, he has had many things going. Councilwoman Glick said she suggests the City check them more often. Mr. McGillivray said the bathrooms are not full, but they do smell. This is a complaint, they always smell. We are not getting rid of the smell when they are dumped. Councilwoman Glick said she had heard there was some way of putting lime in them, could this be done? City Manager Brighton said this helps, but it doesn't stop the smell. Mr. McGillivray said while the Scouts were there, the City dumped lime and other compounds in there, it didn't help. Mr. Brighton asked if the road had been graded in the park. Mr. McGillivray said he didn't know. Public works Director Kornelis said it has been graded frequently. Mr. Brighton said he had already received the complaints Councilwoman Glick discussed. The City has already tried to correct them. He noted the Scouts had helped clean up the area. Councilwoman Glick asked Public Works Director Kornelis, a Mr. Getty was supposed to be here re- garding a permit for dumping fill on wetlands. In reviewing this with Mr. Kornelis, she noted this was not on City land. Mr. Kornelis reviewed the area involved. HQ explained it is privately owned. Brown Construction had asked if they could use the land owned by the City. Mr. Kornelis had told them only with permits and if they stripped the land for the benefit of the City. Mr. Brown felt it was too expensive, so he tried elsewhere. He found private property to dump on. Mr. Kornelis has determined the City is not viosting the wetlands, Atty. Delahay said the City has no control over contractor dumping. Councilman Malston discussed the moving of the Dept. of Revenue. He felt we should keep on top of this. He also noted the manpower office was awarded to Rogers & Baldwin, and Dept. of welfare was given to Kenai Glass. This means the people receiving food stamps have to drive all the way to Kalifonsky Beach Rd. Mr. Brighton said he would follow up with the Dept. of health & Social Services. Councilman Ambarian noted some citizens had done volunteer landscaping at the airport. The boat is being used as a trash bin. Mr. Brighton said that has already been taken of, Airport Manager Swalley KENAI CITY COUNCIL JULY 16, 1980 Page 28 said the boat will be used as a planter. Councilman Ambarian discussed the sign ordinance. He noted there was a problem with signs in front of the Katmai. There are four there. Also the Business District signs should before the businesses, not after. Councilman Ambarian said for one month Willow will be in dirt. He requested the State water down the street, and he also noted the contractor is dumping gravel on City streets just swept. we should check on this. H-2 City Attorney Atty. Delahay spoke. 1. wetlands. The City was sued in 1977 on a wetlands issue. it is settled now, the City paid $5,000. He has just received the Satisfaction of Decree, giving full release. 2. Senior Citizen's Van. The City has just received an agreement for the Salvation Army transfer of the van to the City. It was handled by City Manager Brighton, it will be approved by the State. 3. Care Center Lease. It has expired, the City could amend with the same provisions on a month -to -month basis. Council agreed. 4. Municipal Code. The last Code supplement we sent out we paid $728 to the publisher, and paid $459 for the second supplement. Supplement 93 was in-house. He was dis-satisfied because of the cost when they did the work and it is 2-3 mojiths coming back. H-3 Mayor Mayor O'Reilly spoke. 1. The Governor vetoed the addition to the Municipal Assistance Fund. It will cost us $30,000. Several Mayors have indicated they would like an explanation from the Governor. J 2. Natural Gas Liquid report. There will be a meet- ing Friday i Saturday (July 18 i 19) in Anchorage. He will ask Councilman Malston to speak on that / W„ KENAI CITY COUNCIL JULY 16, 1960 Page 29 later in the meeting. H-4 City Clerk Clark Whelan noted the agenda notice was published in the Clarion. It will be just one page, with the highlights of the coming meeting. H-5 Finance Director None H-6 Planning z Zoning Councilwoman Glick spoke. 1. The lease in Fidalgo S/D, lots 1,2 6 3, was approved by Planning i Zoning. 2. Two subdivision plats were reviewed. She added the City should review their maps when making subdivisions. How are the streets being lined up? City Manager asked Councilwoman Glick about the Rainier lease. Councilwoman Glick asked did the Council give first right of refusal to the Rainier fund? When the land was released, tho City notified Rainier, they have not received an answer. Mr. Kornelis said when he was Acting City Manager, he was directed to write a letter, he does not know if it was received. Councilwoman Glick said it was her understanding it was sent to the wrong address. 1. Should we wait for first right of refusal from Rainier? 2. Also the lease request for Dairy Queen should be addressed. City Manager Brighton said we are sending registered, return receipt requested letter to Rainier. In 30 days we can consider them not interested in the lease. H-7 Kenai Borough Assembly Councilman Ambarian spoke. f 1. Having Church schools on Church property ordinance was voted down. a, q l If KENAI CITY COUNCIL JULY 161 1980 Page 30 2. The contract for Kenai High School practice field was awarded. }! H-8 Harbor Commission Mayor O'Reilly spoke. The Harbor Commission had a work session, they did not have a quorum for a meeting. Councilwoman Glick said she had a call from Mr. John Williams, of the Harbor Commission. He requested an extension of the Contract with Gary Davis for 60 , days. NOTION$ Councilwoman Glick moved, seconded by Councilman ; Malston, to extend the contract with Gary Davis for 60 days. ; ' Councilman Ambarian asked, arc the funds available? Councilwoman Glick replied they are, from the $500,000 grant. Motion passed unanimously by roil call vote. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Councilwoman Glick said the Comprehensive Plan is available at the City Hall. R.W. Thorpe was to make inserts for our Comprehensive Plan and pull- out plans. s Councilman Mueller reported on his Juneau trip. He met with Ms. O'Day, who is handling the grants. He went to the Dept. of Public Safety and spoke to Mr. William Nix. He told him the City objected to the Dept. of Revenue move. Mr. Nix said he would in- vestigate, we should be getting a response from him. Councilman Mueller also spoke to Sill Palmer, Airport Manager for Juneau. He questioned their method of handling leases, tie -down spaces. it is handled differently than ours. Atty. Delahay said he was planning on visiting his children the last three weeks in October. -- There was no objection from the Council. Councilman Malston deferred to Mayor O'Reilly regarding Le 1 KENAI CITY COUNCIL JULY 16, 1980 - Page 31 Natural Gas Liquid Report. Mayor O'Reilly said the five proposers of Natural Gas Liquid will appear before Lt. Gov. Terry Miller in Anchorage July 18 and July 19. The Chamber or the City should have a Hospitality suite. The City should have a two - room suite Thursday and Friday (July 17 & 18) He has made reservations, whatever Council could come are invited. There was unanimous consent of the Council. Finance Director Brown was directed to come up with the funds. - Public works Director Xornelis noted Gordon Nichol- son brought pictures on the change order #1A on the sewer treatment plant over -excavation, if the Council is interested. Librarian DeForest noted the Library also received an energy grant for $350. ADJOURNMENT ` Meeting adjourned at 11s50 PM. Respectfully submitted, J t Whelan, City Car 'S h y)n 4 i 1 I