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HomeMy WebLinkAbout1980-08-20 Council Minutes0 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 20, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 589-80 - Amending Kenai Municipal Code to Change Date for Fixing Tax Levy 2. Ordinance 599-00 - Increasing Rev/Appns, Special Revenue Fund, Senior Citizen Grant - $4000 3. Ordinance 600-80 - Amending Kenai Municipal Coda to Comply with Terms of Federal and State Grants 4. Ordinance 601-00 - Amending Kenai Municipal Code Establishing Fire Zones and Providing Enforcement S. Ordinance 602-80 - Increasing Rev/Appns, Senior Citizens Project, Salvation Army Donation - $2,675 6. Gate 54 Parking C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Ruth Johnson, Kenai Native Association - Rental of Ft. Kenay D. MINUTES 1. Minutes, Regular Meeting, August 6, 1980 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Billa to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 604-80 - Increasing Rev/Appns, Capital Improvement Special Revenue Fund, Pay Taxes on Foreclosed Properties - $437 4. Ordinance 605-90 - Increasing Rev/Appns, Sesser Treatment Plant Construction - $1,145,265; Establishing New Dept. "Sewer Interceptor" S. Ordinance 606-80 - increasing Rev/Appns, State Jail Contract, Returning Unused Funds to State - $5,000 J 6. Ordinance 607-80 - Increasing Rev/Appns, General Fund Budget, State Grunt to Purchaso Video Equipment, Fire Dept. - 01,500 7. Resolution 80-126 - Adopting Minority Business Enterprise Policy 8. Resolution 80-135 - Establishing All Alaska Banks as Permissable Depositories for Municipal Bonds 9. Cancellation of Lease - Cook Inlet Industrial Air Park, Browning/Henry 10. Lease, Airport Lands - Glacier State Telephone 11. Lease, Airport Lands - Tesoro Alaska Potroloum Corp. 12. Lease, Airport Lands - Hertz Rent-A-Car 13. Ratification of Telephone Poll - Transfer of Funds for Solicitation of Minority Business Enterprises 14. Carmen Gintoli, Architect - Fort Kenay Ceramic Studio Addition - $500 15. Timberline Industries - Fort Kenay Ceramic Studio Addition - $49,990 16. Brown & Assoc. - Sewer Treatment Plant Expansion - $221,717 17. Assignment of Lease - Alaska Car & Truck Rental, Inc. to The Car Co. H. REPORTS 1. City Manager 2. City Attorney 3. Mayor, 4. City Clerk 5. Finance Director 6. Planning a Zoning 7. Kenai Borough Assemb?; 8. Harbor a¢Ian I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT _J KENAI CITY COUNCIL - REGULAR MEETING, MINUTES AUGUST 20, 1980 - 700 PM KENAI PUBLIC SAFETY BUILDING VICE -MAYOR BETTY GLICK PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ed Ambarian, Betty Glick, Jess Hall, Ron Malston, Ray Measles, Dick Mueller Absents Vincent O'Reilly AGENDA APPROVAL Vice -Mayor Glick asked Atty. Delahay if the Wasson lease was ready. Councilman Mueller replied, there will be a meeting Sept. 28 with Mr. Cason and a meeting thereafter with Mr. Wasson, both with the Land Committee. Council agreed unanimously to hold discussion on the Wasson lease until after the Land Committee meeting. Per request by Atty. Delahay, item G-7, Resolution 80-126, Adoption of Minority Business Enterprise Policy, was delayed until work on the resolution was completed. B. PUBLIC HEARINGS B-1 Ordinance 598-80 - Amending Kenai Municipal Code to Change Date for Fixing Tax Levy. Vice -Mayor Glick noted the Ordinance was listed as 589-80 on the agenda, in error. NOTION s Councilman Ambarian moved, seconded by Councilman Malston, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-2 Ordinance 599-80 - Increasing Rev/Appns, Special Revenue Fund, Senior Citizen Grant - $4,000 MOTIONS Councilman Malston moved, seconded by roincilman Ambarian, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. J 0 KEANI CITY COUNCIL AUGUST 20, 1980 Page 2 B-3 Ordinanco 600-80 - Amending Kenai Municipal Coda to Comply with Tormo of Pedoral and Stato Grants MOTIONS Councilman Ambarian moved, seconded by Councilman Measles, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-4 Ordinance 601-00 - Amending Kenai Municipal Code Establiahing Piro Zones and Providing Enforcement MOTION: Councilman Ambarian moved, seconded by Councilman Measles, to approve the ordinance. There was no public comment. Motion failed, with Councilmen Hall, Measles voting yes; Councilmen Ambarian, Malston, Mueller, Vice - Mayor Glick voting no. B-5 Ordinance 602-00 - Increasing Rev/Appns, Senior Citizens project, Salvation Army Donation - $2,675 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. i-6 Gate 54 parking Vice -Mayor Glick noted this was brought to Council some time ago by Councilman Ambarian, it was re- viewed by the public Works Committee. This is a new proposal. There was no public comment. Airport Manager Swalley distributed the original proposal for discussion. At Councilman Ambarian's request, Mr. Swalley reviewed the proposals. He explained, after a meeting with the rental agencies, KENAI CITY COUNCIL AUGUST 20, 1980 �.. Page 3 FAA, and Gate 54 people, he prepared a memo and brought it to Planning & Zoning. Their only con- cern was to place the car rentals in front of public parking near the terminal. Vice -Mayor Glick asked, during the discussions 1. Did Mr. Swalley ask where locations are in other airports? 2. Why wasn't the original Public Works Committee proposal acceptable? It is less than a block away, and they felt all car rontals and short term parking should be in one area. Was this discussed at Planning Commission meeting? Mr. Swalley replied at the meeting placement of rental cars at other airports was discussed at great length. It varies at other airports. He noted, if it is off to one side, most rentals operate with just one person and the vehicles could not be watched as closoly. Councilman Mueller said he preferred the original sketch. The car rentals did not have to be in front of the door. The passengers with luggage should be closer. Councilman Ambarian said at the meeting, some points Councilman Mueller brought up were discussed. He noted as a person brings back cars, he never parks them in the proper space. Also, rental agencies pay a 109 fee, other airport businesses do not. The rental agencies deserve something extra for that. It would also create personnel problems, the agencies would need more than one person on duty. The City was .not aware of these problems until the meeting was held. Vice -Mayor Glick reminded Councilman Ambarian that he had a personal interest in this. Councilman Ambarian replied he had intended to abstain from voting. Councilman Measles noted we have a problem in front of the airport in the no -parking areas, cars are already parking there. If we move park- ing back, we are compounding the problem. Council- man Ambarian said ore rf the confusing facts is this is the old lay -out being discussed. night now we have less spaces then that. Councilman Measles replied, except at the present time, and they are not all in front. Councilman Ambarian said there are 60-70 spaces, this will be cut to 40. There would be more short term parking than there is now. —7d .1 r �i Councilman Malston moved, seconded by Councilman Measles, for approval of the original concept with car rentals in the new proposed area - the left hand side. i KENAI CITY COUNCIL AUGUST 20, 1980 Page 4 Councilman Ambarian said he had two itemss 1. fie was the one who asked for the original parking. 2. The City just approved the contract one month ago. It is not fair to change now. Vice -Mayor Glick noted the City retained the option to move cars around for convenience of the people. Councilman Ambarian said it doesn't say so in the contract. Vice -Mayor Glick asked Mr. Swalley for his opinion. Mr. Swaney replied it is up to the discretion of the airport manager. Councilman Hall asked when would it be done? Public works Director Kornelis replied hopefully, before next winter. Councilman Hall asked how about plug-in's? Mr. Swalley replied some already have plug-in's, the City should take the responsibility to move them. MOTION, Amendments Councilman Malston moved, seconded by Councilman Measles, to amend the motion to move the plug-in's and reinstall them in the new location. Councilman Hall asked Mr. Kornelis if that was in the original plan. Mr.. Kornelis replied yes. VOTE, Main Motions Motion passed unanimously with Councilman Ambarian abstaining. C. PERSONS PRESENT CCHEDULED TO BE HEARD C-1 Ruth Johnson, Kenai Native Association - Rental of (tort Kenay Ruth Johnson spoke. She is on the food committee for the second annual Potlatch. She is asking the Council to waive the rent and deposit on Port Kenay. She said they have much food to prepare, she is familiar with the kitchen as she has worked with the Salvation Army in Port Kenay. City Manager Brighton noted the deposit was to insure that the premises were left as they were before they were used. He said they would be setting a precedent, KENAI CITY COUNCIL AUGUST 20, 1990 Pago 5 and the City has no guarantee of the condition when they leave. Councilman Malston said he agreed, other non-profit organizations use it and they have to pay. Councilman Hall agreed, City Manager Brighton asked if they are getting their deposit back, why is she asking for a full waiver? Why not ask for rent only and get their deposit back? No. Johnson agreed, she will ask for waiver of the rent only. MOTION: Councilman Mueller moved, seconded by Councilman Hall, to waive the rent on Port Kenay for the Kenai Native Association 2nd Potlatch, but a deposit will still be required. Motion passed, with Councilmen Ambarian, Hall, Mueller, Vice -Mayor Glick voting yes; Councilmen Malston, Measles voting no. D. MINUTES 0-1 Minutes, Regular Meeting, August 6, 1980 Councilman Mueller noted page 5, 3rd paragraph, line 19 was not clear. Clerk Whelan explained it was inaudible, at the time of the meeting and on the tape. Public Works Director Kornelis said he did not have the information. Vice -Mayor Glick directed yr. xornelis to correct the statement and directed the Clerk to have this noted in the minutes at the next meeting. Councilman Mueller noted on page 14, item G-14, there was no vote action stated. Vice -Mayor Glick noted on page 1, paragraph 9, line 5, "to have" was stated twice in the sen- tence. Minutes were approved as corrected. E. CORRESPONDENCE None t, { I KENAI CITY COUNCIL AUGUST 20, 1980 Page 6 F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the bills as submitted. Notion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 Vice -Mayor Glick noted Finance Director Brown has an addition to the requisitions. Mr. Brown listed Water Systems of Alaska, $1,590, for a chlorinator. MOTION: L. 1 Councilman Measles moved, seconded by Councilman Mueller, to approve the bills as submitted, with the addition. F- Motion passed unanimously by roll call vote. G-3 Ordinance 604-80 - Increasing Rev/Appns, Capital Improvement Special Revenue Fund, Pay Taxes on Foreclosed Properties - $437 NOTIONs i� Councilman Measles moved, seconded by Councilman Mueller, to introduce the ordinance. Motion passed unanimously by roil call vote. G-4 Ordinance 605-80 - Increasing Rev/Appns, Sewer Treatment Plant Construction - $1,145,265; Establishing New Dept. "Sewer Interceptor" r. MOTIONs --- Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed unanimously by roll call vote. ' G-5 Ordinance 606-80 - Increasing Rev/Appns, State �j Jail Contract, Returning Unused Funds to State - $5, 000 i MOM-' r KENAI CITY COUNCIL AUGUST 20, 1980 Page 7 MOTIONS Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. Councilman Malston said as he understood the Police Chief - they did not ask the City for anything back last year, but they did this year. City Manager Brighton said he is not sure if that was last year, whether there was surplus left or not. Finance Director Brown replied approximately $24,000. Mr. Brighton said we asked for capital investment for a car that ate up the $24,000. This year there was $15,000 left and they agreed to leave $100000 of - that in contingency. We are sending back what we did not use, or $5,000. Mr. Brown said the Council should also note there have been personnel changes in Div. of Corrections and policy changes in the way it was spent. Motion passed unanimously by roll call vote. �. 0-6 Ordinance 607-80 - Increasing Rev/Appns, General -. Fund Budget, State Grant to Purchase Video Equip- _ went, Fire Dept. - $1,500 MOTION; Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance. j Motion passed unanimously by roll call vote. i G-8 Resolution 80-135 - Establishing All Alaska Mun- icipal Banks as Permissable Depositories for Municipal Bonds Vice -Mayor Glick noted Section 2, line 3, should z read Resolution No. 78-3. MOTIONS I Councilman Mueller moved, seconded by Councilman >` Malston, to adopt the resolution as corrected. 1� There was no public comment. ' Motion passed, with Councilman Measles voting no. G-9 Cancellation of Lease - Cook Inlet Industrial Air Park, Browning/Henry KENAI CITY COUNCIL AUGUST 20, 1980 /',N Page 8 Atty. Delahay said he had been in contact with the lessees. He received a letter this afternoon (8-20-80) asking if the Council could divide the issue. Atty. Delahay explained in this case the leases are delin- quent. They may be able to sub -lease. If we don't rescind, we keep on building up the debt, if we do, we have a chance to re -lease. He recommends both requests be granted. NOTION: Councilman Measles moved, seconded by Councilman Malston, to accept the proposal of Browning/Henry to cancel the lease on Lots 6,7,& 8; and postpone cancellation on Lots 9,10,& 11. Councilman Malston asked how long have they had the leases and what was the original intent? Atty. Delahay replied two years, the original intent was for a garage -type building and office space. Fin- ancial conditions have changed their plans. Council- man Malston asked how far behind are they? Atty. Delahay replied $14,000, $12,000 of that is on the three being rescinded. Councilman Malston asked if they had made any payments. Atty. Delahay replied yes, one is paid for one year, the other is slightly more. Councilman Malston asked, are we getting our records in condition so we know when people are behind? City Manager Brighton replied yes, he would defer to Finance Director Brown. Mr. Brown said the problem isn't whether they are delinquent. From an accounting standpoint, there is no problem. The collection is a problem when conditions are bad. Councilman Malston said this is a point the Council has discussed, if people are delinquent, it would be better for them and us if we could get them out of the lease and re -lease. Mr. Brown replied most Of the time people have come in to ask for cancell- ation when we start to foreclose. Atty. Delahay Raid the problem is his, there are leases that are delinquent, but they are not the priority of other problems. Councilman Malston noted we have an Administrative Assistant that should have control over this. Atty. Delahay explained the Administra- tive Assistant is keeping us current on insurance, redetermination, etc.; Mr. Brown does the delin- quencies. He suggests when delinquencies are re- ferred to the Atty., a form should be sent out after a certain time. City Manager Brighton noted it is difficult for Administration to look at a policy of Council when they extend one, we follow Code policy for others. If Council said in six months a lease was delinquent, action would be taken. U9 8 a KENAI CITY COUNCIL AUGUST 20, 1980 Page 9 The Administration could take action. Councilman Ralston said he has felt since he came to Council, we have never known where we stood as far as leases were concerned. Mr. Brighton said within thirty days the Council should have complete information, Administration is working on it now. Atty. Delahay offered that if the Council wants a report, Finance Director Brown could give them a current report when they wanted it. Councilman Ralston said he didn't want a written report, just re -assurance that Administration is on top of it. Councilman Mueller asked isn't this one of the problems alluded to in the proposal for City Lands Manager? Mr. Brighton replied yes, we have two alternatives: 1. A Land Management Person 2. A contract with a person or firm Mr. Brighton further stated after looking at Section 36 and our Comprehensive Plan, we are fantasizing. There will not be that kind of growth. Councilman Mueller s d it a multi -million dollar portfolio of edgestwthat will require great effort. He would like to have a map with a proposal to review the land. Motion passed unanimously by roil call vote. At this time, Councilman Ambarian left. G-10,11,12 Lease, Airport Lands - Glacier State Telephone Lease, Airport Lands - Tesoro Alaska Petroleum Corp. Lease, Airport Lands - Hertz Rent-A-Car MOTION: Councilman Ralston moved, seconded by Councilman Measles, to lump the three leases together. Motion passed by unanimous consent. Leases were approved by unanimous consent. 0-13 Ratification of Telephone Poll - Transfer of Funds for Solicitation of Minority Business Enterprises, �A. • I i I KENAI CITY COUNCIL AUGUST 20, 1980 Page 10 Atty. pelahay explained funds were for advertising and solicitation. MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to accept the results of the telephone poll. City Manager Brighton explained this was a unanimous vote at a work session of August 11. Motion was passed by unanimous consent. 0-14 Carmen Gintoli, Architect - Port Kenay Ceramic Studio Addition - $500 MOTION: Councilman Malston moved, seconded by Councilman Mueller, to approve the bill. Motion passed unanimously by roll call vote. G-15 Timberline Industries- Port Kenay Ceramic Studio Addition - $49,990 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the bill. Councilman Mueller asked if there was any retainage. He was referring to the 59 retainer in Mil. Public Works Director Kornelis said he would recommend paying the bill, there is a warranty. The problem is minor, it could be done in-house. Vice -Mayor Glick asked if Mr. Kornelis or someone from the Public Works Dept. would be able to check this on occasion. Mr. Kornelis replied Pat Porter will be there. Motion passed unanimously by roll call vote. G-16 Brown & Assoc. - Sewer Treatment Plant Expansion - 0221,717 MOTION s i Councilman Measles moved, seconded by Councilman Mueller, to approve the bill. Councilman Hall asked was the $77,000 for excavation. Mr. Kornelis replied yes, the change order is still not complete. .,...._.y..r KENAI CITY COUNCIL AUGUST 20, 1980 Page 11 Motion passed unanimously by roll call vote. 0-17 Assignment of Lease - Alaska Car & Truck Rental, Inc. to The Car Co. MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the assignment. Motion passed unanimously by roil call veto. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. Dept. of Revenue relocation. He has received a reply from Lt. Gov. Tarry Millar, it is in the packet. Dick Morgan "took him apart" for the decision that was made. He thinks the letters will go on and on till the decision is r , changed. He intends to write to the legislators. He is not sure we will get any changes unless we get help from the legislature. 2. Day Care Center. He has three responses. He suggests we award this to the Women's Resource Center with the understanding that it must bo for women within the City. This organization has better access to women needing this care, and they have no monetary interest. The only thing that would prevent us would be that they are in Soldotna. They understand it will be for women of Kenai only, they hope to event- ually get the Borough involved. 3. Ackerly & O'Connell lease. Since they made the lease, they found out it is for sale, they would like to hold their decision, they would rather buy than lease. 4. Ray Cason - Consent to use collateral for lease. This material was in the packet for information only. i i 1 1 !.A is r KENAI CITY COUNCIL AUGUST 20, 1980 Page 12 Vice -Mayor Glick asked is this the parcel that they are contesting the renewal rate? Councilman Mueller replied yes. Atty. Dolahay explained this is not the original lease referred to Committee. Mr. Cason has requested discussion since that time. It is acceptable to lot lessees Ilse a lease for collateral. He suggested the City Manager notify the bank that the lease has not been signed. Council agreed by unanimous consent to granting the use of the lease for collateral. City Manager Brighton noted if he doesn't pay, oG.ae- one will. You have two instead of one. Councilman, Mueller said prior to approving the loan, the bank will check on the status of the lease and request a copy of the lease. Councilman Malston said, regarding FAA lands dis- position, and selling Industrial Air Park lands. What is the status of that? Mr. Brighton replied we have now taken steps on that. FAA said on a piece -by -piece basis, they would decide on those requesting purchase. Jim Arness wants to buy his land, we have not started on that one yet. Council- man Malston noted over a year ago, Council asked Administration to get rid of all land possible that could be sold. He thought the Clarion also wanted the land they were on. Atty. Dolahay replied it is the same with Arness. Mr. Brighton said he would write a letter to each lessee that their land might be available. Councilman Malston asked is there much drawn up? It was the recommendation of the Land Committee and the Council to make this available. Atty. Dolahay replied all land being sold must be up for bid. Councilman Malston noted whoever bid on the land would ba- committed to the lease. Mr. Brighton said the only thing that would happen is that the lessee would have no landlord. Councilman Malston said the sale is subject to the terms of the lease. Councilman Hall asked do those having leases have priority to purchase? Atty. Dolahay replied only if you change the ordinance. Vice -Mayor Glick said the Land Committee felt that only the lessees would attempt to purchase the land. Councilman Mueller said, regarding the Dept. of Revenue relocation, when he was in Juneau, Mr. Nix said he KENAI CITY COUNCIL, AUGUST 20, 1980 Pago 13 would got right back to us, he never did. Vice - Mayor Glick noted the letter is in error. The driving tests ar© being given in the office. Rho said sho has called the officou occasionally and has had no reply. Councilman Malston explained the written test is given in Kenai, the driving test is given in Soldotna. Vice -Mayor Glick said it shown the letter writer does not know the true facts. Councilman Malston suggested the Council give the City Manager the go-ahead to take further action. Council agreed. City Manager Brighton asked Council to hold onto the letter to Dick Morgan for the reply. Vice -Mayor Glick asked Mr. Brighton if there has boon any action on the purchase of the land for the City Hall. Mr. Brighton replied he has requested the purchaso. The reply from FAA said the appraisal was all wrong, they wanted a new appraisal. We are waiting for further notice from them, if we do not hear from them before wo move in, they will have a hard time putting us out, since we handle their lands as their agent. Vice -Mayor Glick suggested we invite them down for a luncheon or direct Mr. Brighton go up to them and do something with the parcel of land. Councilman Malston asked if the FAA had any objection to the lease. Mr. Brighton replied that wasn't proposed. Finance Director Brown further explained they only objected to the appraisal of the purchase, Councilman Malston said he could zoo why they would criticize that compared to the other lands next to it. Did we give special instructions to the appraiser? Mr. Brighton replied no. He noted the area is land -looked, all improvements have been put in by -- the City, FAA is taking advantage of our improve - Monts. Councilman Malston said if we have a to - appraisal when all improvements are done, the app- raisal will be higher. Mr. Brighton said he feela they are speculating on all the things being done. =; no feels FAA is holding us over a barrel. lie would f like to wait for their answer. They have their -- own guidelines for appraisal, they want it re- appraissd. Finance Director Brawn said the airport funds did not pay for the improvements, the gen- eral fund did. He further stated Mr. Frykholm, the appraiser, was told to appraise without improve- ments. Councilman Measles said he fait we should 510 KENAI CITY COUNCIL AUGUST 20, 1980 Page 14 not have a re -appraisal. Councilman Hall agreed. He said he felt if they want it done, lot them do it. If they want to ro-appraise, we will deduct the cost of improvements. Atty. Delahay said luncheon negotiations do not work. We need one or two people to go to them for renegotiations. He suggests FAA donate the land to the City or we will compute all services dono by the City and have them charged to the airport funds, go to them with the figures and ask for the donation. Council- man Mueller suggested we call Mr. Frykholm and ask him to appraise the land in its present condition without utilities, that they should he charged to the airport funds if the City puts them in. vice - Mayor Glick suggested Mr. Brighton hand -carry the letter to FAA, Mr. Brighton said Administration does not feel it is necessary to bother Council with all the problems with FAA. He had seven members of FAA in his office that day, Administration attempts to cooperate. Yesterday (8-19-80) he received a call from FAA regarding electricity and warm storage building, that if we do not do certain things, funds will be held back. When they add something, we have to do it, when we add something, it is all kinds of trouble. This is all for free, the property owners must pay it. FAA feels they know what is beat for the City. Councilman Malston said at the budget session we brought up the fact that we are now charging the full amount to FAA. Mr. Brighton suggested they release all the lands to u., =;id we increase the mill rate - if necessary - and take charge of the airport to sell or ,whatever. H-2 City Attorney Atty. Delahay spoke. I. Alaska Municipal League. He would like :o attend the meeting in Now York City starting Nov. 17, for one week. He will be in Fairbanks 4 days prior to that. Council had no objection. 2. He had intended to be in Palmer Thurs. 6 Fri. (Aug. 21 and 22), but had to cancel because of the FAA minority hire business enterprise problem. It ig more important. A M, f 4. 5. 6. KENAI CITY COUNCIL AUGUST 20, 1980 Page 15 3. Supreme Court Opinion - Liquor licensee is responsible for damages even if he is in the process of selling the premises. He noted regarding Gate 54, it would be wise for the City to be removed from that. He said he called Mr. Anderson, of Cook Inlet Enterprises, Inc., regarding the transfer. He has had no answer. He feels it should be pressed, there is no reason for us to stay on the lease. He received a call from Pete Argetsinger, Atty., regarding the bond sale. The closing date is set for Aug. 21 in Seattle. Social Security Retirement. A new law was made in the 1980 Legislature, the State em- ployees have been removed from Social Security, they have their own program. He will get the City program together to match theirs. Small claim against City police officer. It has been turned in to the insurance company, it might be covered, but with a $2,500 deductible. The insurance company has a duty to provide the defense, but they have the option of when to settle. He would prefer to defend himself, and take it away from the insurance company. He noted the City was not sued. It is for $700, it looks like a set-up job. He emphasized he wants the Council to understand, if the City takes the suit, the City will have to pay. MOTIONS Councilman Malston moved, seconded by Councilman Measles, to authorize the City to pay, if necessary, in the lawsuit. Councilman Measles asked would there be a problem if the City is now involved and Atty. Delahay is representing him? Atty. Delahay replied it was in the performance of his job. Councilman Measles noted in a corporation, if an individual is involved in a lawsuit, most corporations will hire outside help. Atty. Delahay explained possibly ;,o:, :::ss of evidence that may come out that is not good. In this case, it is a small amount, it should not be any problem.. He re- quested the motion be amended to allow N KENA? CITY C.OUNCTL AUGUST 20, 1980 Page 16 the attorney his judgement after he hears from the insurance company. Councilman Malston, with concurrence of second, agreed to the amendment. Mr. Brighton asked, even if the City is not enjoined in the suit, could they still sue the City? Atty. Delahay replied they could amend, if they sued the City, they would have to sue all those involved, but the amount is set at $700. Motion, with amendment, passed unanimously by roll call vote. H-3 Mayor Vice -Mayor Glick spoke. 1. Mayor O'Reilly had intended to be here for the Council meeting, but was asked to go to Washington, D.C. regarding The S-9 bill. He callod Vice -Mayor Glick Aug. 19, they are reviewing the Tsongas bill with other amendments and how they would affect the State. One item was Section 15, a 15 member land use committee is appointed, they would plan development of Federal lands and adjacent lands. He thought it would effective- ly override the City and Borough Planning Commission. The Mayor should be back Aug. 22. 2. Identification cards - Vice -Mayor Glick said during her travels she has found there is a government rate for hotels, etc., but ident- ification is required. The Borough employees have it. She suggested we get identification cards printed up. Atty. Delahay agreed. He said normally you have to show your card before you check in. Councilman Malston suggested we instruct the Administration work up a card. This would include anyone who travels for the City. Anyone who was missed could obtain one at the time they travel. Vice -Mayor Glick asked about putting dates on the cards. Council- man Malston replied that could be up to the Administration. Council agreed to the action. H-4 City Clerk Clerk Whelan spoke. She asked for 3 days leave, Sept. 12, 15 & 16, to travel to Ketchikan. S KENAI CITY COUNCIL AUGUST 20, 1980 Page 17 I Council approved the request. H-5 Finance Director Finance Director Brown spoke. 1. Request for letters of interest from Harbor Commission regarding Administrative Coordinator on a contract basis. The position will be retained approximately Oct. 1. Vice -Mayor Glick said since Mr. Brown had brought up the Harbor Commission, she will continue. Harbor Commission recommends the Council accept this re- quest for letters of interest, they would like to E advertise Aug. 21. Most of the items were covered in the draft. At the Harbor Commission meeting they had the draft of Community & Regional Affairs - and Borough contract. CEIP grant moneys contract was basically the same. Vice -Mayor Glick continued. The second part is the scope of services. Community & Regional Affairs and the Borough will subcontract with the City, not the Harbor Commission. The third item, Vice -Mayor Glick continued, is the budgets a. Personnel services - one administrative coordinator and 1/2 secretary. b. Travel - part time use of vehicle I c. Contractural & commodities s for a total of $72,000. City Manager Brighton said we will lose about two months of the 12. we will receive a revised copy. The major change is in personnel services, the relationships were changed to contract. Vice -Mayor Glick said when it is signed, they will receive the money, it will 3 be appropriated by the Assembly. Administration will be working on an ordinance to present to __. Council. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the request for letters of E - interest to go to advertising. t 1 Motion was approved by unanimous consent. s i s e I I j • 14 -�1 KENAI CITY COUNCIL AUGUST 20, 1980 Page 18 Vice -Mayor Glick continued: We have approximately $640,000 sitting in Juneau for building and improve- ments of the harbor, not for design. This figure has been up and down. She said Gary Davis will review this. Vice -Mayor Glick said Harbor Commission Chairman Peterkin has said the Corp. of Engineers, North- west District has approved our project, they will start work on the design. Vice -Mayor Glick said the Harbor Commission has received nineteen letters of intent, it are firm. There are five the Harbor Commission would like to ask for firm proposals from: a. TAMS b. UMA/DMJM c. CH2M Hill d. Dames & Moore e. JV (R&M/P&N) MOTIONs Councilman Malston moved, seconded by Council- man Measles, to ask for firm proposals from the listed companies. Motion was approved by unanimous consent. V Vice -Mayor Glick said the deadline is Sept. 22, she thought. Sept. 27, each firm will have one hour or the time needed for submittal. The pro- posed place for opening is the Sheffield. She asked if the decision would be made then or at the October 3 meeting. There was no reply. Vice -Mayor Glick said at the last Harbor Commission meeting, the application for preference rights was approved for Waldo & Ruby Coyle. Councilman Malston asked what does that mean? Atty. Delahay explained the preference rights section of the Code. He noted the Harbor Commission did not take his recommenda- tions, there were some adjustments made. Vice - Mayor Glick said she had trouble accepting the asr.ount of lands granted. They got more than the canneries, - but their needs are different. Atty. Delahay noted the Administration could appeal, they can't build in the river without permission of the Corp. of Engineers, however. KENAI CITY COUNCIL AUGUST 20, 1980 Page 19 Finance Director Brown said he had nothing further to report. H-6 Planning & Zoning Vice -Mayor Glick spoke. 1. There were some re -zoning and conditional use permits approved. 2. Rainier has relinquished their request for utilization. 3. Lease application for Ackerly & O'Connell. They took no action, they are only using 1001. 4. The Corps. of Engineers permit application to Union Oil was accepted. Per Councilman Malston's request, the position of the Planning & Zoning Commission regarding the airport parking was reviewed. H-7 Kenai Borough Assembly. None H-8 Harbor Commission Vice -Mayor Glick stated she had previously reviewed this, during the Finance Director's report. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Keith Kornelis spoke. a. Willow Street. The State will not pave till Miller Loop is done. They are in a tight budget, any things we want done we will have to do. He may have to come knack to Council for requests. He is having problems with the lighting projects. The State has hit a water line and a Immmr saw &- line. Administration has submitted bills for the work involved. b. He would like to have them pave the airport parking project at the same time, if the State will do as a change order. City Manager Brighton asked where was the approximate cost of $50,000 coming from. Finance Director Brown replied, the Air- port terminal has the funds. Council agreed to have Mr. Kornelis go ahead with the action. I I KENAI CITY COUNCIL AUGUST 20, 1980 ` Page 20 f Councilman Malston asked if that was the short term parking only. Mr. Kornelis ! replied yes. f c. Airport Way is complete. d. The shop addition and lube rack. It is I going well, there will be a change in the door, but it is on schedule. e. Sewer treatment plant. They are removing the walls on the clarifier, it is almost on schedule. f. Sewer treatment plant interceptor, the line is a problem wt-Swy do not have a ` qv*,%4' ga6e-yet. We amended the facilities plant, that has been a delay. It should be done by Sept. 2. The low bidder did not include a minority enterprise in the } bid, he still has not. The easement papers have not been done yet. Atty. Delahay noted the easement papers should have been done six months before they started. I g. Airport electric improvements. 51% of *h& problem is all settled. The minority t ; 4. w;tt hire was not required, but it w"IAb� included in the total percent. h. Warm storage building. we had to elude minorityire. FAA did not accept1the f project it'wS/ said we could go o{�tt to bid, but now we6a� o ecause s'uper- visor at FAA we have 1... ji already gone out to bid, we hope to keep moving on it � h �t ., � �robl�w. wttl b�. r4so►vt�. { f i. The ceramic studio is done. J. The City Hall is coming along. k. The animal shelter is done. -- ' 1. The Vuard rail is doses %,►«- �_;� m. Fidalgo Subdivision. We hope to start Monday (8-25-80) n. Frontage Rd. The bid opening is Aug. 29. 'QQti�f..MOq,.4+ 40r priV*%I. 4q0%1-"��O/' `�/7i K�Fi �VV�v► O9.0KittOi VFv t t� p� ! i I KENAI CITY COUNCIL AUGUST 20, 1980 Page 21 MOTIONs Councilman Malston moved, seconded by Councilman Measles, to allow Administration to proceed with attempts to pave the terminal parking lot and addi- tional curbs and gutters. Motion passed by unanimous consent. 2. Jim Swalley spoke. The Connie will not be having a test flight as scheduled Aug. 21. The owner will be in town that day. Council- man Malston asked if they were taking off away from town. Mr. Swalley replied yes. They will make a few high spokd tests and then leave. 3. mire Chief Winston spoke. He would like to have the back of the station paved when the City Hall is being paved, or any other paving that is being done in the area. Mr. Kornelis was directed to check this. 4. Recreation Director McGillivray spoke. a. The dirt being piled up on Main St., causing one-way traffic is a result of the softball construction. b. The bid opening on the youth center is scheduled for Aug. 29. a. Park areas. All the equipment has been installed. He would like to get a park. in Woodland. He is waiting title to Beaver Creek area for a recreation area. He would like to grass all the parks, and put wood chips around the equipment. Councilman Malston said the recreation com- mission should be commended for the work Hone as it is long overdue. Vice -Mayor Glick asked if the outhouses are being pumped. Mr. McGillivray replied it is difficult. He has received only one bid, and they have upped their bid. d. The foot bridge is back in position. we will have to pour footings to keep it from happening again. } KENAI CITY COUNCIL AUGUST 20, 1960 -•� A Page 22 i 5. Librarian Deporest spoke. She has talked to Representative Malone, we need an addition to the library. He thought he could get it on the capital projects list. ADJOURNMENT Meeting adjourned 10s50 PM. submitted, Respectfully � n1 jan::Whelan City Clerk i I ' 4 1