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HomeMy WebLinkAbout1980-10-01 Council Minutes,, *, •., ,,,.,. r- .. MWAIMM I AGENDA 1 KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 11 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL i j� B. PUBLIC HEARINGS C. PERSONS PRESENT SCHEDULED TO BE HEARD G D. MINUTES ; 1. Minutes, Regular Meeting, September 17, 1980 E. CORRESPONDENCE i I € F. OLD BUSZNESS G 1. Cason 6 Wasson Leases ' G. NEW BUSZNESS h 1. Bills to be Paid, Bills to be Ratified i 2. Requisitions Exceeding $1,000 3. Ordinance 614-00 - Amending Title 23 to Clarify i ` Treatment of Holiday Pay for Public Safety Employees 4. Ordinance 615-80 - Increasing Rev/Appns - Senior li Citizens Protect - $3,000 S. Ordinance 616-80 - Increasing Rev/Appns - General r Fund Budget - Grants from Dept. of Energy and C$ 5tte of Alaska - Purchase of Library Material - ° 6. Ordinance 617-80 - Increasing Rev/Appns - Airport Land System Fund - Return Portion of k Tie -Down Pees Withheld from McNamara and j Assoc. - $3,850 7. Ordinance 618-80 - Increasing Rev/Appns - �: CEZP Streets, 1980 - 055,000 I S. Resolution 80-152 - Transfer of Funds - Capital Project Fund, Frontage Road - $7,200 9. Resolution 80-153 - Transfer of Funds - r Harbor Study Capital Project Fund Budget - Extend Contract with Administrative - Coordinator - $4,205 I " k E.t ! E --- T 10. Agreement for Sale - Right of Way, Gerald r- 6 Regina Black - Frontage Road 11. Peninsula Engineering - Fidalgo St. improve- ments - 012,453.75 12. CH2M Hill - Sewarage Project Construction - $16,480 13. Quality Asphalt - Fidalgo Pay Estimate 82 - $138,593.08 14. Dowling/Rice & Assoc. - Kenai Youth Center - °1,882 15. Dowling/Rice & Assoc. - Kenai Youth Center - $1,520 16. Alaska Boiler & Heat Exchanger Service - Pay Estimate $3 - Lube Rack Shop Addition - $17,090 17. OMNI North - Pay Est. #4 - City Hall 18. Reserve for Self -Insurance 19. Letter to Dept. of Transportation on willow - Street 20. Relationships Between Cities & Boroughs - Municipal League Rewrite of Title 29 21. Harbor Commission Discussion Items a. Recommend Engineering Firms - Small Boat Harbor b. Recommend Position - Administrative Coordinator H. REPORTS r� 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk • 5. Finance Director 6. Planning & Zoning 7. Kenai Borough Assembly S. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT O,o j -1 r� 7yJ n 0 KZ LJ �i Ii I I I I I I I I i i KENAI CITY COUNCIL - REGULAR MEETING, MINUTES OCTOBER 1, 1980 - 700 PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ron Malston, Dick Mueller, Vincent O'Reilly, arian, Betty Glick, Jess Hall Absents Ray Measles AGENDA APPROVAL Mayor O'Reilly requested Ord. 619-80 be added as item G-22. Councilman Ambarian requested items G-8 and G-10 be discussed together. Agenda was approved as amended. B, PUBLIC HEARINGS None C. PERSONS PRESENT SCHEDULED TO BE HEARD None D. MINUTES D-1 Minutes, Regular Meeting, Sept. 17, 1980 Councilman Mueller noted page 20, MOTION, line 3, the balance should be 03,850. MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to change the amount of page 20, MOTION, line 3, balance, to 03,050. Motion passed unanimously by roll call vote. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Cason i Masson Leases Councilman Mueller stated the Committee still has not arrived at a concensus. Theyhave not had a Tom. i KENAI CITY COUNCIL OCTOBER 1, 1980 Page 2 committee meeting. It will have to be discussed with the new Council. Councilman Mueller added, regarding the airport apron leases, he felt we should do away with the appraisals entirely. We could use existing leases and appraisals to set the lease rate, then give the lessees the option of accepting the new rate or con- tinuing as is. He also said, regarding the Cason i Wasson leases, we should give theca the option to cancel the leases and renew one year at a time. They should not be able to get them back for speculation. He felt more work should be done, renegotiation clauses should be included. Councilman Ambarian left at this time. Mayor O'Reilly said the problem is that no matter how far from the airport, the land is rated the same. Councilman Mueller noted no land has been sold, so we have nothing for comparison. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the bills. Motion passed unanimously by roil call vote. Mayor O'Reilly asked Finance Director what the CD's were now, Finance Director Brown replied he thought about U.S. G-2 !requisitions Exceeding 01,000 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the requisitions. Motion passed unanimously by roll call vote. G-3 Ordinance 614-80 - Amending Title 23 to Clarify Treatment of Holiday Pay for Public Safety Emmployees I I i i � U - i i KENAI CITY COUNCIL OCTOBER 11 1980 Page 3 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. G-4 Ordinance 615-60 - increasing Rev/Appns - Senior Citizens Project - $3,000 MOTIONS Councilwoman Glick, moved seconded by Councilman Malston, to introduce the ordinance. Motions passed unanimously by roll call vote. G-5 Ordinance 616-80 - increasing Rev/Appns - General Fund Budget - Grants from Dept. of Energy and State of Alaska - Purchase of Library Material - $350 MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roil call vote. G-6 Ordinance 617-80 - Increasing Rev/Appns - Airport Land System Fund - Return Portion of Tie -Down Pees Withheld from McNamara and Assoc. - $3,850 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. , s sA *4g4Ao^ was VjrroVaA �►»wN,r.os�.rl.� by �l1 Atty. Delahay this is a finance matter, he would like to have the public hearing tonight. (10-1-80). MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to bring ordinance 617-80 up for public hearing and ask for unanimous approval. Motion was approved unanimously by voice vote. MOTION, Public hearing, Ordinance 617-80 Councilwoman Glick moved, seconded by Councilman Malston, to approve the ordinance. f J I i ' d� I 1 / RENAI CITY COUNCIL OCTOBER 10 1980 Page 4 There was no public comment. Motion passed unanimously by roll call vote. 6 /8' G-7 Ordinance 4&; -80 - Increasing Rev/Appns - CFIP Streets, 1980 - 055,000 MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to introduce the ordinance. Notion passed unanimously by roll call vote. G-8 Resolution 80-152 - Transfer of Funds - Capital Project Fund, Frontage Road - $7,200 Councilwoman Glick asked if this was some of the land we need to purchase rather than trado-off. Atty. Oelahay replied yes, it is appraised at $4 per square foot. There was no public comment. Notion passed unanimously by roll call vote. s G-10 Agreement for Sale - Right of Way, Gerald b Regina Black - Frontage Road MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to approve the sale. Councilman Malston asked if there was an area that they wanted to buy. Atty. ©elahay replied that had not been done yet. Councilman Malston asked if there was any other area with problems. Atty. Oelahay replied the area in front of Or. Hanson's is a trade. Motion passed unanimously by roll call vote. G-9 Resolution 80-153 - Transfer of Funds - Harbor Study Capital Project Fund Budget - Extend Contract with Administrative Coordinator - 04,285 r MOTIONs Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. I I I i 4, r e I n0 N KENAI CITY COUNCIL OCTOBER 10 1900 Page 5 Finance Director Brown explained there was an in- crease in the amount of the transfer beeauoe the photography sorvieen came in higher than planned. MOTION, Amendments Councilman Maloton moved, seconded by Councilman Hall to amend the motion to make the totalss From, Contingency (04,533) To, Profess. Sorv. 04,533 and to add at the and of the explanation, "at $500 per week, and to pay for photography services of 0249 related to the harbor project." VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motions Motion passed unanimously by roll call vote. G-11 Peninsula Engineering - Pidalgo St. Improvements - 012,453.75 MOTIONs Councilman Mueller moved, seconded by Councilman Malston, to approve the billing. Councilwoman Glick asked if this is on the inspection. Mayor O'Reilly replied yes. Councilwoman Glick asked if this was the total amount due, per our agreement -Wayne Henderson,Peninsula Engineering, replied it is a partial payment. Vote failed, with Councilmen Malston and Mueller voting yes, Councilman Hail, Councilwoman Glick and Mayor O'Reilly voting no. Councilwoman Glick suggested after Public works Director Kornelis gets back, these things can be _reviewed. Wayne Henderson, Peninsula Engineering, spoko. He explained the statement includes services being done in the field. It is unfair, they do not have an agreemont, the City has not done one. i i i �•. 1 I 0 KENAI CITY COUNCIL OCTOBER 1, 1980 Page 6 Atty. Dolahay replied whether or not an agreement had been made, the contractor has the right to re- ceive payment. He suggested the Council reconsider. MOTION, To Reconsiders Councilwoman Click moved, seconded by Councilman Mueller, to reconsider the motion for payment of $12,453.75 to Peninsula Engineering. Motion pazzed, with Councilman Hall and Council- woman Glick voting no. Councilman Ralston noted Atty. Delahay did say this has nothing to do with the contract, it would be wrong to withhold payment. Vice -Mayor Glick took the chair. Mayor O'Reilly said he is concerned about the orig- inal estimate being off 200S."As soon as it became evident there was an over -run, it was not brought to Council." This is loose treatment of hard-fought funds. Mayor O'Reilly resumed the chair. Councilman Ralston asked if the engineering contract has boon paid in full. Mr. Henderson replied yes. Councilwoman Glick said the Attorney's advice was noted and appreciated. Notion passed, with Councilwoman Glick voting no. G-12 CH2H Hill - Sewerage Project Construction $26f480 MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to approve the payment. Motion passed unanimously by roll call vote. G-13 Quality Asphalt - Fidalgo Pay Estimate 82 $130,593.08 WTIONs Councilman Ralston moved, seconded by Councilman Hall, to approve the payment. KENAI CITY COUNCIL OCTOBER 1, 1980 n Page 7 Motion passed, with Councilwoman Glick voting no. 0-14 Dowling/Rice & Assoc. - Kenai Youth Center - $1,882 Finance Director Brown explained at least a portion of this work is time spent at meetings. $1,882 is time spent before the contract was approved. Mayor O'Reilly asked if the $2,500 was approved by Council. Mr. Brown replied yes. Recreation Director McGillivray said he felt Ron (Rice) spent slot of time at meetings ! before the contract was accepted. He has spent time even though it was before the contract was signed. Councilman Hall asked, was he called upon by the 9 -. Commissioners or the Administration? Mr. McGillivray said not by Administration, but by Commissioners. The Commission does not have the power to grant the time. Councilman Hall asked if it was the intent of the Commission to pay? Mr. McGillivray replied he couldn't say. MOTION s i 4. Councilman Mueller moved, seconded by Councilwoman i Glick, to pay $282 and withhold $1,600 till we have i clarification if it was in the original contract. i Motion passed unanimously by roll call vote. G-15 Dowling/Rice & Assoc. - Kenai Youth Center - $1,520 MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to approve the payment. Mayor O'Reilly asked if this was the first payment on the $28,000. Councilman Mueller replied yes. i Motion passed unanimously by roll call vote. G-16 Alaska Boiler & Heat Exchanger Service - Pay Estimate #3 - Lube Rack Shop Addition - $17,890 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the payment. - Motion passed unanimously by roll call vote. G-17 OMNI North - Pay Estimate 64 - City Hall C 0 tsss j� KENAI CITY COUNCIL OCTOBER 1, 1980 Page 8 MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller to approve the payment. Motion passed unanimously by roll call vote. G-18 Reserve for Self -Insurance Finance Director Brown suggested the Council may want to defer decision until final statements are ready. He has been promised them by Oct. 15. He noted $100,000 is available. Councilman Malston asked, what would this save us in insurance? Mr. Brown explained we have no insurance on vehicles unless they're in the warm storage. Then it is covered under that policy. When the dump truck rolled last winter, we lost the truck. We do have the funds to cover this. Mayor O'Reilly asked if we have liability insurance. Mr. Brown replied yes. Councilman Malston asked, is the reason for not having insurance because of the cost? Mr. Brown replied that and our record. Other than the dump truck, there have been no accidents. Council directed Mr. Brown to prepare an ordinance. G-19 Letter to Dept. of Transportation on Willow St. Mayor O'Reilly asked if this is a proposed letter. City Manager Brighton replied yes, it was of a nature that they felt it should go before Council. Councilwoman Glick suggested a copy be sent to Gov. Hammond and anyone else in the State that could be involved. Also we should send a copy of the letter from Public Works Director Kornelis and Mr. Reddick's reply. Atty. Delahay suggested a copy be sent to Lt. Gov. Miller. Council agreed. Councilwoman Glick said everything the Council has received should be included. G-20 Relationships Between Cities a Boroughs - Municipal League Rewrite of Title 29 City Manager Brighton reviewed the letter dis- cussing the rewrite. Atty. Delahay explained what he is trying to do is get back to the original in- tent of Borough duties. This is a political move to get the cities together to limit powers. Council- man Mueller added he felt Planning & Zoning should be returned to the City. Mayor O'Reilly noted Mayor Gilman was here. He noted the Kodiak situation is the reverse of ours. The Borough is a weaker tax i I I I i I i KENAI CITY COUNCIL OCTOBER 1, 1980 Page 9 revenue source, the City is trying to keep the City tax base in Kodiak. Councilwoman Glick noted at the last Legislative session, it was decided the Boroughs can take the powers of lot Class cities. Atty. Delahay said the City vote would be lumped with the other areas. MOTIONS Councilman Malston moved to have action tabled till we have more information received. There was no second. Motion passed unanimously by roll call vote. G-21 Harbor Commission Discussion items Mayor O'Reilly reviewed the letters in the packet. He suggested this item be discussed during the Harbor Commission report. Council concurred. G-22 Ordinance 619-00 - Amending KMC Prohibiting of City Officers and Employees Serving on Boards a Commissions. MOTION s Councilwoman Glick moved, seconded by Councilman Malaton, to introduce the ordinance, and have the 2nd hearing prior to canvassing of the ballots on the Oct. 8 special meeting. Motion passed unanimously by roil call vote. R. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. Mr. Nix of the Dept. of Revenue will be In the community. He will meet with the Chamber but will not be able to meet with the public. -- 2. Regarding Cable TV. He explained in the Lower 40, it is in franchise, the municipality can negotiate with the companies; this is not true _ in Alaska. The Public Utility Commission has the final say-so. Mr. Wipperman of the Public Utilities said the possibility of easement rights negotiation would not benefit the community. One company has filed, another had inquired _A1 KENAI CITY COUNCIL OCTOBER 1, 1980 Page 10 regarding a contract. Councilman Ambarian returned at this point. 3. Regarding the City Hall contract - We have asked the architect to hold on equipment planned for City Hall, we will wait till the status of the Dept. of Revenue is decided. 4. Regarding the telephone poles on Frontage Rd. Homer Electric and Glacier State won't pay for burying them. The cost is approx. $100,000. The telephone poles will remain. There is a 3 foot right-of-way, there might be a possibility of future burying of lines. S. Federal Revenue Sharing has expired till a bill is passed. The Senate has passed a bill, the House has passed a bill for local government, but not for State. 6. Regarding airport land sale - Atty. Delahay and Mr. Brighton attended a hearing in Anch. with FAA. Trading Bay between Willow and Airport Way can be sold. The lot next to Ski -No can be leased, and the land near the Dairy -Queen is for sale. They will consider these on an individual basis. 7. There are 2 major matters that should have a work session. a. Ordinance 612-80 b. A "want List" on moneys from Juneau. Council should prioritize. S. Regarding grading of the land at Spur and Spruce, Highways Dept. agrees and will remedy. Councilwoman Glick said the telephone poles should be with the electric poles. She reviewed a draft letter to HEA from property owners on :.he highway. They would like to ask HEA to make this their lot priority next Spring. Should the City send a letter to HEA? We do not feel this is a cost the City should bear. She also wanted to thank the people for their concern. Mayor O'Reilly asked the Council if they wished to have the City bear any of the cost. Councilman Malston asked if this is for the Corr- idor only? Mr. Brighton replied yes, with a concrete corridor to hold the cable. Councilman Malston 1 t s . b -Y . , .. 1, —n .. KENAI CITY COUNCIL OCTOBER 1, 1980 Page it said we would be better off if we paid a portion and got it done. Councilman Mueller said a portion of the concrete corridor could be made a part of the sidewalk. Councilwoman Glick said she has reservations in offering City taxpayers dollars to pay for this, but we will pay with increased utility costs if we don't pay for it. Councilman Malston said this would be a definite improvement to the City. He agreed with Councilwoman Glick on the City taking the costs. Mayor O'Reilly suggested we include the phrase that we would like to discuss with them. Mayor O'Reilly noted public support had been re- ceived through the efforts of Paul 4uesnel. Councilman Malston asked are we going to get this Trading Bay land rolling or are we going to have a work session? Mr. Brighton replied we planned to have a survey. We have sent letters asking the intent of the leaseholders, and have received 3 replies. They all intended to go ahead with their original plans. We could wait till the ordinance is passed before finalizing agreements. Council- man Malston said he didn't want this to be put on the back burner. Council set a work session for Oct. 29, 1980. H-2 City Attorney Atty. Delahay spoke. 1. Regarding the old skater's cabin logs. A public sale is required if there is over a $1,000 value, he would recoiumend an ad, go into sealed bids with clean-up included. 2. Regarding the meeting with FAA. There are 3 tracts concerned, previous leases allowed us to sell. 3. There has been a question of use airport equip. on City streets. City equipment is used on the airport. The FAA said they see no problem but it was not in general practice. This gives us the "green light." Councilman Malston noted the airport must be reimbursed, does FAA reim- burse the City? Atty. Delahay replied no, but it could be done. Finance Director Brown noted labor of the men is charged to the airport, not the equipment. Mayor O'Reilly said the Public Works Dept. is instructed they can use equip. in the City. h I R 1 r , i, KENAI CITY COUNCIL OCTOBER 1, 1980 Page 12 H-3 Mayor Mayor O'Reilly spoke. 1. Mayor O'Reilly reviewed his Juneau trip. He felt it was in vain, Mayor Gilman arranged a meeting the next day with Gov. Hammond and Lt. Gov. Miller. Gov. Hammond said it was a mistake, municipalities have funding problems. He suggested the conference of Mayors consider 2 proposals: a. Take excess funds to permanent fund and down to municipalities b. Several legislators have made suggestions regarding appropriating excess State revenues. He felt it would be better to have a formula for dividing up the excess funds. it will come up for discussion in Municipal League meeting. He felt the Governor is a "lame duck",it is impossible to bring political pressure on him. No State legislator has taken a stand of support. He will suggest at the Municipal League a position be submitted to the legislators. H-4 City Clerk Clerk Whelan said the special election will be held October 7. There will be a special meeting of the Council on October 8, at S OO to certify the results of the election. H-5 Finance Director Finance Director Brown said there is only $37 left in the Council budget for travel. We will have to transfer funds. We should have approximately $600 per person. He suggested a number be selected for discussion at the Oct. 15 meeting. Councilwoman Glick said if we are considering additional travel in the fiscal year, could we take enough for the entire fiscal year? Mayor O'Reilly said we should start with a number. Councilman Ambarian suggested the Mayor propose the amount needed. Councilwoman Glick suggested $10,000. Council concurred. KENAI CITY COUNCIL OCTOBER 1, 1980 Page 13 H-6 Planning 6 Zoning None H-7 Kenai Borough Assembly None H-8 Harbor Commission Administrative Coordinator Davis spoke. 1. On Sept. 24, Cramer, etc. had a meeting with Planning & Zoning and outlined the Borough Coastal Management Program. Commissioner Williams was there. Harbor Commission feels strongly about the project, especially the bluff situation. Harbor Commission will make a recommendation to the Council. 2. On Sept. 27, Harbor Commission has scheduled a presentation from the fines with proposals for harbor study & design. Some Councilmen were there, they were very professional sub- mittals. 3. Regarding the Alaska eel Committee meeting. The Harbor Commission feels deep concern, the Council should be involved. The State is attempt- ing a study of wetlands within the City. If the City wishes to pursue the wetlands study, they could with a private firm. Anchorage is phase 11 of the study. City Manager Brighton referred to Commissioner Williams, noting that the Harbor Commission has tabled the selection of an engineering firm. Commissioner Williams agreed, it is tabled. Also the Harbor Commission has elected not to select a coordinator. He noted they have effectively shut down the harbor project. It is in a stalemate, it is Par. Roper's problem. Mayor O'Reilly asked if City Manager Brighton, Atty. Delahay and Comm- issioner Peterkin will meet with Mr. Roper? Comm- issioner Williams replied yes. City Manager Brighton explained we would feel uncomfortable without add- itional direction from Council regarding our role in this process. ". KENAI CITY COUNCIL OCTOBER 1, 1980 ; Page 14 i MOTIONS i Councilwoman Glick noted Commissioner Williams did i I not point out the letter from Mr. Roper to the Council, at the last Council meeting. Atty. Delahay, City Manager Brighton and Commissioner Peterkin were directed tonegotiat e with Mr. Roper. The next day Mr. Roper came to the office and was given C a figure from the last meeting. Mr. Roper g offered g P e to sell the leases at $300,000 plus possible other , costs. Based on actions cf the Harbor Commission, she would like to make a motion. i 1 MOTIONS ` S Councilwoman Glick moved, seconded by Council Ambarian, to direct Administration to write a letter to Mr. Roper, thanking him for his letter of ' Sept. 29, 1980, and informing Mr. Roper that the ; City finds his counter -proposal Pro osal unacceptable. ' Based on his letter, theactiv- itiesCity tY is dropping F relating to harbor development, design and construction. po st- poned uction. The Harbor Commission has also post { - poned indefinitely the selection of an engineering firm. The City would encourage Mr. Roper to start construction. In 6 to 8 months, the City will con- sider renegotiations. The City will support, help and advise him with the harbor. City Manager Brighton noted Mr. Roper's offer was not a counter -proposal. When he left the office, 9 ' he said it would be nothing less than $150,000. The letter jacked the figure up to $300,000, it 4 is his own counter-offer. MOTION, Amendment: Councilwoman Glick, with concurrence of second, a agreed to drop the word "counter" from motion. 9 the Pt Councilman Ambarian said we have come to an impasse between the City and the Harbor Commission, not with the City and Mr. Roper. we are all working the same way, but on different tracks. If we wait 6 to 8 months: 1, we would miss the session in Juneau. 2. we would lose on the work done. Councilman Ambarian further stated he suggests the A � 1 I i S' J' KENAI CITY COUNCIL ,.., OCTOBER 1, 1980 Page 15 now Council take a new look at the project with a united approach. We are arguing with ourselveE and Mr. Roper will take advantage of it. Council- woman Glick replied we are not arguing with the Harbor Commission. She added perhaps 6 to 8 months is too long a time. She would just as soon Mr. Roper go ahead with the project, if we continue to let Mr. Roper feel he is unable to do the work, he will be jeopardizing our funds in Juneau. Mayor O'Reilly asked Commissioner Williams if he had any problems with Councilwoman Glick's motion. Commissioner Williams replied he is relatively com- fortable, but not with the negotiations. MOTION, Amendment: I Councilwoman Glick moved, seconded by Councilman Ambarian, that based on Commissioner Williams' comments, we should point out the City will not accept the offer of a $1 Million contract and the $300,000 offer is also unacceptable; and strike j out "future negotiations" in the original motion. Councilman Ambarian said he agrees with the facts as presented, but should the motion pass, the action will be a severe blow to hopes of the City getting ; -- the harbor developed. we need to have the Harbor Commission continue with the work. Councilwoman Glick said should the City get involved with harbor development, they will have to have a feasibility study, that would take 1-1/2 to 2 years. Commissioner i Peterkin has said regarding funding from the Corps. of Engineers, we are $5 on the list. Funding will not be as early as planned. Mayor O'Reilly said the motion is to send a letter to Mr. Roper, saying in effect, "It is up to you to produce, if you don't, the City will take it up." Councilwoman Glick said we don't want to indicate we are willing to take it `+ up. The City has said, "It's your baby, have at it." Councilman Ambarian said he still feels we are trying to negotiate by motion. Councilwoman Glick replied that is not her intent. Motion passed with Councilman Ambarian voting no. --- I. PERSONS PRESENT NOT SCHEDULED TO BE HVIRD Ruby Coyle spoke. Regarding the previous motion and letter to Mr. Roper. She questions whether we should thank him. It is not worthy of that. The City has been done badly by Mr. Roper, we should !' •r� I p KENAI CITY COUNCIL OCTOBER 1, 1990 Page 16 not give any indication we arc stopping work on the boat harbor. It is an injustice to those who have worked on it. If you continue negotiation with him you will be in the same boat 2 or 3 years from now. We worked hard to get funds from Juneau, we worked hard to get the Corps. of Engineers interested. Capt. Reynolds is most receptive of any of the Engineer officers that has come to Kenai. Time is getting late, the City is deserving of a harbor. She didn't believe Mr. Roper's price is going to get any lower. The City issued him a 2nd lease that is not contingent on any performance, over some objections. when you give a person a 99 year lease without a completion date, at that long, it is ridiculous. Tracts A,B, ` C are prime locations for a boat harbor in Kenai. We should have a per- formance bond and a completion date. To stop on the boat harbor, you are not acting properly to the City. As a fisherman, I can say this is a big industry herepthe harbor might bring in revenue larger than the airport. Councilwoman Glick spoke. She explained Prank Murkowski was supposed to be here Oct. 10, but had to aanael. He will be available in the City Hall Oct. 23 or Oct. 24. Mayor O'Reilly noted Clark Gruening will be here later this month. Clerk Whelan noted the issuance of passports has boon discontinued in the City. It has been sug- gested the City Clerk take over the duties. She explained she is averaging 16 hours of overtime per month, reimbursable with comp. time. Because of the press of duties, she is unable to use the comp. time available to her. She felt she would be unable to take on the additional duties, even though it would not be many hours per month. Councilman Ambarian noted the Clerk of the Court in Homer handles it. This is a Federal function, the State could handle it. Councilwoman Glick asked the Administration to write a letter to the State to use Clerks of the Court for the duty. Commissioner Williams spoke. Regarding passports, would port of entry status also fall into the cat- egory of issuing passports? Mayor O'Reilly replied we should wait for a response from the letter. 4 r,, , V/ KENAI CITY COUNCIL OCTOBER 1, 1900 Page 17 Councilwoman Glick wanted to wioh the candidatea good luck. She would also like to thank Council- man Ambarian for his time and service. She asked if the Mayor would have a presentation to give to Councilman Ambarian. Council agreed. Mayor O'Reilly said the City owes Councilman Ambarian slot, he has held the line when it was difficult. It was easy to talk to him, oven when we divagreed. He will be missed. ADJOURNMENT Meeting adjourned at 10:00 PM. Respectfully YJ4� Submitted, A�,M� Janet Whelan City Clerk 1 I N I ' REGULAR MEETING October 1, 1980 Kenai City Council Partial Translation ti H-8 Harbor Commission Report MOTIONS Councilwoman Glick moved, seconded by Councilman Ambarian, to direct the Administration to write a letter to Mr. Roper, thanking him for the letter of Sept. 29, 1960, and informing Mr. Roper the City finds his counter -proposal unacceptable. Based on his letter, the City is dropping all activities relating to harbor development, design and'c©nstruction. The Harbor Commission has also postponed indefinitely the selection of an engineering firm. The City would encourage Mr. Roper to start the construction. In six to eight months, the City will consider re- negotiations. The City will support, help and advise him with the harbor. MOTION, AMENDMENTS Councilwoman Glick moved, with concurrence of second, that, based on the comments of Commissioner Williams, we should point out the City will not accept the offer of $1 Million contract and the $300,000 offer is also unacceptable. Also, strike out the future negotiations in the motion. Motion passed with Councilman Ambarian voting no. Councilwoman Glick also requested, based on the comments of City Manager Brighton, that the letter be changed to delete the word "counter" from line 5 of the motion. She suggested the letter state "your proposal to the City for repurchase of leases in the amount of $300,000 plus the 050,000 for lien is unacceptable. Your offer of allowing the City to participate with development of this harbor of costs of $1 Million cannot be accepted at this time because Council cannot make a commitment of taxpayer dollars to that degree." She also said the letter should not make any reference to Commissioner oz tha Harbor Commission. I