Loading...
HomeMy WebLinkAbout1980-12-03 Council Minutes• AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 3, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 612-80 - Sale of City Lando Ordinance 628-80 - increasing Rev/Appns - New Capital Project Fund Entitled HVIater and Sewer Section 36" - $750,000 ,Z. Ordinance 629-80 - Increasing Rev/Appno - Additional Overtime, Police Dept. - $9,446 4. Renewal of Liquor License - The Rig 5. Renewal of Liquor License - Foodtown Liquor Store C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES 1. Partial Translation - Regular meeting - Nov. 5, 1980 2. Partial Translation - Regular Meeting - Nov. 19, 1980 E. CORRESPONDENCE F. OLD BUSINESS 1. Harbor Site Acquisition Proposal 2. Contract for Administrative Coordinator (Borough/City, City/G. Davis) G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Ordinance 630-80 Increasing Rev/Appns General Fund Budget - Provide Monies for Site Acquisition for small Boat Harbor - $25,000 3. Ordinance 631-80 - Appropriating Money for Land Management Services - $17,500 Resolution 80-166 - Acceptance of Grant - Sewer Treatment Plant Outfall Consteuntion - $81,675 Resolution 80-167 - Authorizing Award of Bids, Two Police Cars, One Police Patrol Station Wagon - Peninsula Ford ._.�.�.:`s`.::��i�•a.,F ��-_�_ _.�...s`F�r491�= - :8" �to.•c===�.__.._ � _ , _ _.... ..�.�_..a.-�.oio +.�r.ia�''a«�- - _ -- - • `: ,. _ 6. CH214 Hill - Sewage Project Rc-pert J19 - $20, 400 7. bowling/Rice & Acsoc. - Youth Center - $3,193.30 S. Alaska Boiler & Heat Exchange - Luhe Facility and Addition to Shop Building - Final Payment - $16,795 9. Kenai Peninsula Community Care Center Payment $29,503 10. OMNI North - City Hall, Payment - $99,124.50 11. Blazy Const. - Youth Center - $57,803.13 12. Carmen Gintoli - Contract for Cultural Facility a. Contract Bill - $2,000 13. Homer Electric - Underground Power Lines on Frontage Road 14. Quality Asphalt - Fidalgo S/D - $55,541.40 H . REPORTS 1. City Manager 2. City Attorney 3. Mayor 5. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT .® I; KENAI CITY COUNCIL, '_REGULAR MEETING, MINUTES DECEMBER 3, 1980 KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PKESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Jess Hall, Ron Malston, Ray Measles, Dick Mueller, Tom wagoner, Vincent O'Reilly, Betty Glick Absents None AGENDA APPROVAL Mayor O'Reilly asked that Carmen Gintoli be added as C-1, to discuss the schematics of the Cultural Center. Mayor O'Reilly asked that F-1, Harbor Site Acquisi- tion Proposal be held until Commissioner John Williams can be here to speak to the Council. Council agreed to the changes. B PUBLIC HEARINGS B-1 Ordinance 612-80 - Sale of City Lands MOTIONs Councilman Mueller moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Mueller moved, seconded by Councilwoman Glick, to amend Ordinance 612-80 with amendments a,b & c as handed out at the work session, plus amendment d as distributed with changes as suggested by Atty. Delahay. Items 2.3 & 4 and new paragraph 5 which would amend paragraph K. Councilman Mueller explained, this is allowing a set-up fee to be negotiated by the City Manager. The buyer would pay the annual collection fee. It would allow most of the fees to be negotiated on appraised value. Mayor O'Reilly asked if he had -�� reviewed this with Atty. Delahay. Councilman Mueller replied, 'r;,riefly. i. KENAI CITY COUNCIL DECEMBER 3, 1980 Page 2 MOTION, Amendment: Councilman Mueller moved, seconded by Councilwoman Glick to amend to add a new paragraj.--h o;- Amendment d. Councilman Mueller explained this is an authorizing paragraph for the City Manager to handle closing costs. Mayor O'Reilly asked Atty. Delahay if he had reviewed all the amendments. Atty. Delahay replied he had reviewed Amendments a,b & c, but he has not seen the amendments to c or Amendment d. Some arc a matter of policy. He would advise not to add Amendment d. He suggested the buyer pay closing costs. He would like to see Amend- ment d postponed till he can review, and he would like to see it go back to Planning & Zoning before passing. Councilman Mueller said he did not include item one. Council agreed to postpone passage of the ordinance till the next meeting. VOTE, Amendments: Motion passed unanimously by roll call vote. MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to postpone passage of Ordinance 612-80 till the 1st meeting in January. Motion passed unanimously by roll call vote. Mayor O'Reilly asked Atty. Delahay to put it into a form for Planning & Zoning. B-2 Ordinance 628-80 - Increasing Rev/Appns - New Capital Project Fund Entitled "Water and Sewer Section 36" $750,000 !MOTION s Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. ..i KENAI CITY COUNCIL DECEMBER 3, 1980 Page 3 Motion paw-i'o ::.1::,:iJ ctu. _isiy by cull call "loth. B-3 Ordinance 629-r0 - Increasing Rev/Appns - Additional Overtime, Police Dept. - $9,446 MOTION., Councilman Measles moved, seconded by Councilman Mueller, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-4 Renewal of Liquor License - The Rig Clerk Whelan said all taxes have been paid. MOTIONS Councilman Malston moved, seconded by Councilman Measles, to send a letter of non -objection to the Alcoholic Beverage Control Board for The Rig. Motion passed unanimously by voice vote. B-5 Renewal of Liquor License - Foodtown Liquor Store Clerk Whelan said all taxes have been paid. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to send a letter of non -objection to the Alcoholic Beverage Control Board for Foodtown Liquor Store. Motion passed unanimously by voice vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Carmen Gintoli - Schematics, Cultural Center. Mr. Gintoli passed out drawings. He explained, they have changed the concept of the plans. He introduced Roy Stanley, Project Architect. Mr. Gintoli said originally they had planned on movable partitions, tut they are extremely expensive and hard to obtain parts for. They chose permanent space. They had originally 600 seats, 400 movable. Now they plan 600 permanent, 400 balcony. It will not cost any KENAI CITY COUNCIL DECEMBER 3, 1900 j Page 4 more. They did test drillings, there i.s a water problem. They will put it above ground. Roy Stanley spoke. He explained this is their first J pass. The gallery and museum are east of the au- ditiorim, giving some top light. The stage has a full -stage loft, and full lighting facilities. 3 There is a coat rack and a cry room. Mayor O'Reilly asked, is there a work area for the museum and the gallery? Mr. Stanley replied yes. There are also public toilets. Councilman Malston asked if it was convention -area size, and can it be divided? Mr. Stanley replied yes, it can be divided or full use, with a 3000 sq. ft. area. Mr. Gintoli said it would provide for 400 people with partitions F' opened. Mayor O'Reilly asked if the lobby lends itself for banquets. Mr. Stanley replied yea, j it is a glass wall, but it could be done. It would not be intimate. Mr. Gintoli said they are discussing opening the lobby to give more spaces. He noted the lobby is required by Code. He said ' the area in back can be opened up so cars can drive right in. Councilman Wagoner asked, what is the total size.? Mr. Stanley replied 31,000 sq. ft., exclusive of the balcony. The balcony is 1000 sq. ft. It is small to allow volume for the auditorium. Mr. Gintoli said ,it is probably closer to 2000 sq. ft. Mr. Stanley said use of a balcony eliminates steep seats in the back. Mayor O'Reilly asked if they were working with the Committee. Mr. Gintoli replied yes. Mayor O'Reilly asked the Public Works Committee to review the changes. Roger Meeks spoke. He asked what is the square footage of the museum and gallery? Mr. Stanley replied 5000 sq. ft. Public Works Director Xornelis asked, in case of a large convention, can we open up the stage? Mr. Stanley said the theatre is an excellent place for a convention. Mr. Kornelis asked, could it be divided for convention rooms? Mr. Gintoli replied yes. r4r, Stanley said they would like input frcm the public. Councilman Wagoner asked, are the +! gallery and museum fixed wall? Mr. Gintoli replied r ~. yes. Councilman Wagoner said the square footage of the museum now is 800 sq. ft. Mr. Gintoli said - there could be an art show in the gallery or the r -- KENAI CITY COUNCIL DECEMBER 3, 1980 Page 5 lobby. Councilman Mueller asked, do we have an estimate,. maintenance costs? Mr. Gintoli said using the figures of one y.-ar ago, $200 sq. ft. to build. Cathy Settle replied, maintenance costs would be under $150,000 per year. Mr. Gintoli said closer to $117,u0u per year. D. MINUTES D-1 Partial Translation - Regular Meeting - NOV. S, 1980 D-2 Partial Translation - Regular Meeting - Nov. 19, 1980 Council had no objections to the minutes as submitted. E. CORRESPONDENCE None P. OLD BUSINESS F-1 Harbor Site Acquisition Proposal Mayor O'Reilly asked if the Council could wait till Commissioner Williams was here. Council agreed. G. NEW BUSINESS G•1 Bills to be Paid, sills to be Ratified MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to aprove the bills as submitted. Notion passed unanimously by roll call vote. G-2 Ordinance 630-80 - Increasing Rev/Appns -- General Fund Budget - Provide Monies for Site Acquisition for Small Boat Harbor - $25,000 Mayor O'Reilly asked if the Council could wait on this item till Commissioner Williams was here. Council agreed. VE M KENAI CTTY COUNCIL DECEMoER 3, 1980 Page 6 G-3 Ordinance 531-1, - Appropriating Money for Lane Management Service-- - 9017,500 MOTIONS c:orAnailsriaz. Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. Councilman Measles asked if the second reading was scheduled for tonight. Finance Director Brown ex- plained he had asked for the second reading tonight because he thought the contract would be ready. It is not. Atty. Delahay asked if the second read- ing could be postponed till Dec. 17, 1980. Council agreed. G-4 Resolution 80-166 - Acceptance of Grant - Sewer Treatment Plant Outfall Construction - $81,675 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-5 Resolution 80-167 - Authorizing Award of Bids, Two Polio Cars, One Police Patrol Station Wagon - Peninsula Ford MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. Motion passed unanimously by roll gall vote. 0-6 CH2M Hill - Sewage Project Report #19 - $20,400 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. XENAI CITY COUNCIL w'CEMBER 3, 1980 � Page 7 Motion passed unanimously by roll call, vote. G-7 bowling/Rice & Assoc. - Youth Center - $3,193.30 MOTION Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing, changing the amount to $3,19:1.40. Motion passed unanimously by roll call vote. G-8 Alaska Boiler & Heat Exchange - Lube Facility and { Addition to Shop Building - Final Payment - $16, 795 NOTIONs Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-9 Kenai Peninsula Corwaunity Care Center Paynwnt - $29,503 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-10 OMNI North - City Ball, payment - 099,124.50 Mayor O'Reilly asked about the note from Carmen Gintoli. Public works Director Kornelis replied the $3000 has been taken out, all the figures were changed to $99,000. NOTION s Councilwoman Glick moved, seconded by Councilman Measles, to approve this billing. Councilwoman Glick asked Mr. Gintoli to explain the reason for the deletion. Mr. Gintoli said the earth work scheduled to be done before freeze- up was not done. Motion passed unanimously by roll call vote. 5FW_i J nENAI CITY COUNCIL DECEMBER 3, 1480 Page 8 G-11 Blazy Const. - Youth Center - $57,803.13 MOTIONS Councilwoman Glick ;,moved, seconded by Councilman Malston, to approve the billing. Motion passed unanimously by roll call vote. G-12 Carmen Gintoli - Contract for Cultural Facility a. Contract Bill - $2,000 Atty. Delarsay explained the contract was done as proposed by Council at a previous meeting. The payments have been approved. Finance Director Brown said the bill was not included in the packet. Councilman wagoner said that is another example of a contract presented after the work is started. 'the City should be explicit - no work should be done without the contract being signed. Atty. Delahay said Mr. Gintoli is not asking fut payment, he is asking for a retainer in advance. Councilman wagoner said if the Council did not approve the contract, it would be bad to have some work done already. Mr. Gintoli said he went ahead based on the fact the Council approved the porposal. Councilwoman Glick said during the discussion it was agreed that Mr. Gintoli would start because of winter. MOTIONS Councilman Mueller moved, seconded by councilwoman Glick, to approve the contract. Motion passed unanimously by roll call vote. Atty. Delahay asked Finance Director Brown, there is a $2,000 retainer, is he entitled to payment? Mr. Brown replied yes. G-13 Homer Electric - Underground Power Lines on Frontage Road Mayor O'Reilly suggested this be referred to the Public works Committee. Council agreed. G-14 Quality Asphalt - Fidalgo SID - 055,541.40 i i+ KENAI CITY COUNCIL DECEMBER 3, 1980 Page 9 NOTIONS Councilman Nalston moved, seconded by Councilman Measles, to approve the billing. Public Works Director Kornelis said he wanted to add the statement, "This does not include liq- uidated damages." Councilman Mueller asked, are the water lines to the City Hall and the Youth Center done? Mr. Kornelis replied yes. Council- man Hall asked, who put them in, the City or the contractor? Mr. Kornelis replied, a combination of both. The City Hall was done by the City. Councilman Hall asked, is it the proper size? Mr. Kornelis replied yes. G-7 Dowling/Rice & Assoc. - Youth Center - $3,193.40 Finance Director Brown told the Council that the amount should be $2,874.06. MOTIONS Councilwoman Glick moved, seconded by Councilman Hall, to reconsider the motion. Motion passed unanimously by roll call vote. MOTION, Amendments COUnCilwcran Glick moved, seconded by Councilman Measles, to amend the motion to list the amount of 62,874.06. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion; Motion passed unanimously by roll call vote. F-1 Harbor Site Acquisition Proposal F-2 Contract for Administrative Coordinator (Borough/City, City/G. Davis) G-2 Ordinance 630-80 - Increasing Rev/Appns - General Fund Budget - Provide Monies for Site Acquisition for Small Boat Harbor - $25,000 4 i*% KENAI CITY COUNCIL DECEMBER 3, 1980 Page 10 Harbor Commission Chairman Peterkin spoke. He said the Harbor Commission would like to present a contract with Bob Roper and would recommend acceptance by the Council. He referred to Atty. Delahay. Atty. Delahay explained, Mr. Roper is making an offer to the City for $250,000 for his contract. He gave the City time to accept the contract, the purpose of the delay is so the City can obtain funding from DOT. The reason Mr. Roper withdrew his former offer was because he had to delay till June or July. Mr. Roper also has two years to complete construction, it must be done in winter. He does not mind a delay for the City to get funds, but it must be by the end of the fiscal year (Feb. 28,1981 to accept, must be paid by March 5, 1980) and the balance before June 30, 1981. At the present time the land is frozen, he could begin. But if high tides change the situation, he reserves the right to go in early. Atty. Delahay further reviewed the contract as it was written. Mayor O'Reilly referred to the 3rd "whereas" stating, "if the City can procure funds." Also Item 3, T�Tierefore" stating the City agrees to pay. Is this contin- gent on getting State funding? Atty. Delahay replied no. He further stated ter. Davis had said he could prepare feasibility study in thirty days. The DOT representative said once the feasibility study is presented, it could be acted on in one reek. The Council would then have to enter into a contract, then two or three weeks is the final determination from the State. The total should be about two months. The City should know by then if they have State funds. Mayor O'Reilly asked, if State funding was available and we decide not to proceed, we are under no obligation to pay Mr. Roper? Councilwoman Glick replied, right. In the packet was the option to be paid immediately. You don't have to accept the contract. Mr. Roper should be advised if you do not accept the con- tract. Mayor O'Reilly asked, we will be able to do core tasting? Atty. Delahay replied yes. Mayor O'Reilly asked, we are not opening ourselves to liability if Mr. Roper starts work? Atty. Delahay replied yes. Councilman wagoner asked, this is in the contract? Atty. Delahay replied, it is if we sign it. Councilwoman Glick asked, there is no action required? Atty. Delahay said, just direction to Mr. Davis to get busy with the study. Councilman Mueller asked, if we approve the agree- ment, it is then a contract, and at the end of February, Mr. Roper would be entitled to $200,000 KENAI CITY COUNCIL DECEMBER 3, 1990 Page 11 whether we get State funds or not? Atty. Delahay replied yes, we should note the Corps of Engineers indicated no other permit would be issued as long as Mr. Roper had one. UOTIOW : Councilwoman Glicx moved, seconded by Councilman Malston, ♦o acknowledge receipt of the offer 'ay Mr. Roper in regards to purchase of leases BaC and proposed small boat harbor submitted this date. After a shore recess, the motion was changed. MOTIOU, Changed: Councilwoman Glick moved, seconded by Councilman Measles, to acknowledge the receipt of Mr. Roper's offer to sell his lease and assign the Corps. of Engineers' permits to the City of Kenai as sub- mitted this date, December 3, 1980. Councilman Hall asked, after Feb. 28, 1981, or after the feasibility study comes in okay, and we don't get the money from t.h3 Legislature, what happens? Atty. Delahay replied, we just pay just the $25,000. The former contract was contingent on money to build the small boat harbor. This is just contingent on moneys from the State for study. If we do not get the money, the Council can decide whether to go ahead or not. Councilman Hall asked, as of Feb. 28, 1980 we have to come up with $25,000, how long before we ' ! have to come up with the balance? Councilman Wagoner said that is in the contract. Harbor Commissioner Williams said if, for some reason we cannot get the funds, the Harbor Commission has been in contact with the State Harbor Division. The Harbor Commission has said they would rat'+Qr have a hart the City would own. it we go through the State, they would own the harbor. Commissioner Williams further stated Mr. Tolly asked if they would like to be on FY 82-83 budget. The Harbor Commission would like to continue pursuing for FY 81-82 funds. It is impossible to finance through bond moneys. But the harbor can be a money maker with State funds. Councilwoman Glick asked Commissioner Williams if the Harbor Commission KENAI CITY COUNCIL DECEMBER 3, 1980 Page 12 VOTE: wisheed to direct the Administration to put us on the PY 82-83 budget? Commissioner Williams replied yes. Motion passed unanimously by roll call vote. Mayor O'Reilly directed the City Manager to send a letter to Mr. Roper quoting the motion, with cosies to Council. Harbor Commission Chairman Peterkin said the Harbor Commission would like to get direction from Council for contacting C*H2P! Hill to enter into negotiations for site selection and harbor, to bring back to Council before March 1981. MOTIONS Councilman Wagoner moved, Seconded by Councilman Hall, that the Council direct the City Manager to proceed to obtain release of bond money from the 1974 bonds, presently held by DOT in .Juneau for the purpose of land acquisition. Councilman Hall asked Chairman Peterkin if he had the figures from CH2M Hill. Chairman Peterkin re- plied approximately $490,000, they had a 19% over- run, the figure is between $410,000 and $500,000. Councilman Hall asked, $400,000 will not do the engineering and feasibility study, will it? Chairman Peterkin answered yes, and the study of maintenance costs and to build a model of the $50,000 test tank into the harbor to try out different entrances. He explained Mr. Roper's contract gives us an opportunity to go ahead with CH2M Hill. Councilwoman Glick noted on the motion the City Manager will have to direct Mr. Davis to develop a contract. Councilman wagoner said the Governor can legally transfer funds, we should move to get them as soon as possible. Vice -Mayor Glick took the chair. MOTION, Amendments Mayor O'Reilly moved, seconded by Councilman Measles, for administration to proceed in taking whatever steps necessary to obtain release to the City bond funds presently held by the State. KzNhr CITY COUNCIL DECEMBER 3, 1980 Page 13 Mayor O'Reilly explained this way sve are directing Administration to take the steps necessary. We are not committing to finalize the agreement. Atty. Delahay asked would the funds be released without a feasibility study to show what funds will be used for? We could put in a feasibility study acqui- sition and design contract. If we could use that instead of the $500,000 grant, we could haiie more maneuverability with the CH2M Hill bill. jre felt the feasibility study must be specific in order to be approved. Mayor O'Reilly asked Atty. Delahay, any move we address towards obtaining bond moneys, we should be specific? Atty. Delahay replied yes. He also felt our first priority is acquisition of land, but we should add engineering services. Mayor O'Reilly said he envisioned obtaining sufficient moneys from the bond proceeds to do the engineering. From that the engineers will decide if that is a suitable site. If Council and the Harbor Commission approve, we will attempt to get more bond moneys. If it is not a suitable site, then we don't take down bond moneys and end up with a motion to pay Mr. Roper. Mayor O'Reilly said the words, "to finalize" disturb him. Chairman Peterkin said the Harbor Commission has the rest of the $643,000 spent. They will be back to the Council. The bond moneys have restrictions. The Harbor Commission would do the engineering. The have engineering for water, sewer, electricity, roads in the basin. Mayor O'Reilly said the motion would direct Administration to take down that segment of the proceeds for core sampling and engineering, if that was the proper site. Councilman Wagoner explained, the intent of his motion was to obtain the whole $250,000. We have to have specific use of the funds or they won't release them. Atty. E*lahay said in talking to Mr. Tolly, he made clear the bond funds could not be paid for reimbursement to the City. We must let him know in advance what the funds will be used for. We could put land acquisition and the study in the funds. 30% is paid immediately, that would not be enough for land acquisition. Atty. Delahay noted they are manueverable. They must be matched by 10% matching funds. The $500,000 grant funds could be used. Admin. Coord. Davis spoke. On the $643;000 in 1974 bond money, there are 3 requirementss f�f KENAI CITY COUNCIL DECEMBER 31 1980 Page 14 1. A feasibility study 2. Identification of the project 3. Coot Admin. Coord. Davis continued, we need a resole from the Council. It will come back to CJounci] for approval. The motion will clear the way tc develop the study. Councilman Malston asked, a the feasibility study be done in-house? Admin. Coord, Davis replied, hopefully. Commissioner Williams noted we have one thing in our favor, one proposal by a local firm can be used for tb feasibility study. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motions Motion passed unanimously by roll call vote. Chairman Peterkin asked, could the Harbor Commi take that vote for a contract with CH2M Hill? O'Reilly replied no. MOTIONS Councilwoman Glick moved, seconded by Councilma Wagoner, to direct the City Manager to contact C142M Hill and proceed with the contract delinea ing what they •gill do with "X" number of dollar all items pertinent to development of the harbo Motion passed unanimously by roll call vote. Gary Davis Contracts Atty. Delahay said he had reviewed the contract. All is in order, his contract expired one week ago, this one can be retroactive. MOTION s Councilman Measles moved, seconded by Councilwoman Glick, to approve the contract retroactive point where the extended contract expired, November 24, 1980. Councilman Mueller noted the schedule for the City contract pay schedule is not attached. Atty. Delahay said it would be a part of the contract. Councir UNAI CITY COUNCIL DEfi;MBER 3, 1980 rage 15 woman Glick asked Councilman Dueller if his questions es noted in the partial translation of the minutes relating to the small boat harbor have been settled. Councilman Mueller replied, not entirely. Atty. Delahay suggested it might be better to amend the paragraph to refer to the Borough in the City contract. Admin. Coord. Davis agreed. VOTE, Motions Notion passed unanimously by roll call vote. Chairman Peterkin noted there will be a wetlands Working Group meeting Dec. 17, 1980 at 6:00, before the regular Council meeting. Mayor O'Reilly ex- plained we will set the meeting at 6:00 PM so we can take official action. G-2 Ordinance 630-80. Mayor O'Reilly said this ordinance is moot at this point. Council agreed. Mayor O'Reilly said he would like to compliment the Harbor Commission and Atty. Delahay for the work Hone on the harbor work. H. REPORTS H-1 City Manager Mayor O'Reilly noted City Manger Brighton was in a meeting of the National League of Cities. 1. Questionnaire relating to City functions. Mayor O'Reilly noted this would be beneficial to have at the next legislative session, There wixe some discussion on the questions listed, and Council agreed to bring it to the Dec. 17, 1980 meeting. H-2 City Attorney Atty. Delahay spoke. 1. The Clarion and City suit has been argued in Supreme Court, there is no decision yet. i KENAI CITY COUNCIL DECEKBER 3, 1980 Page 16 2. In Public orko Director Kornelis' report, a confsrenc. will be held ;:itl: P,oy; a on under - run on Frontage Rd. Tthey have had the meeting. Doyle's claim 041,000, contingent on the bid price of the under -run. Atty. Delahay said he and Mr. Kornelira agree that is too high. Doyle's argument has some merit, but not for the whole amount_. There should be some ad- iustment. Doyle will come back with the facts to show the loss, Council will have to review. H-3 Mayor Mayor O'Rielly spoke. 1. Dave Harbour, Commonsense -Alaska - called hits regarding the Dec. 13, 1980 meeting in Anchorage. The Council will bill the City. A poll was taken, 2 Councilmembers and the Mayor will go. 2. The meeting with the Borough Mayors and Mana- gers, Councilwoman Glick said she felt there should be no concessions with Planning & Zoning till the Borough is willing to give powers to the City. We should remind the Borough that the Cities are part of the Borough. We pay taxes, we should receive a return on our taxes paid. Only in recent yeara has technical °fJ assistance been given to Cities. *. Council agreed. 3. Mayor O'Reilly read the proposed letter to Lt. Gov. Miller regarding Kay Poland. Council agreed to send it. 4. Mayor O'Reilly noted the VORCO contract as distributed to the Council. He noted it will be released Sass. 1, 1981. Council agreed to the Mayor proposal and any possible conflict of interest. S. Mayor O'Reilly was asked to testify at the Royalty Board hearings. He said he will not be available, and has asked Councilwoman Glick to speak for him. Councilwoman Glick said she did not know if she could go, but Monday would be more acceptable if she did go. She would be brief. We are opposed to the sale _ •iiVlM�llf�71►YJ �_ , v✓ RI �i i KENAI CITY COUNCIL DECEMBER 3, 1900 Page 17 FM as proposed, it is in violatia:: of the intent Of the legislation. Also, in -State refineries should have first priority. Council agreed to the position. 7. The Council will present the Capital Improve- ment Propcsal to the Chamber, Public, and Legislators on Dec. 22, 1980. There Will be a no -host luncheon, but the City will pay for the Legislators. Council agreed to the luncheon. S. Meeting with the Anchorage Legislators. Mayor O'Reilly noted last year's meeting had a good effect. Council agreed to Dec. 29, 1980 in Anchorage. The City will pay for the luncheon. Public Works Director Kornelis spoke regarding the Capital Improvement booklets. The pictures will mot be available for some time yet, did the Council want the booklets ready by Dec. 22, 1980 luncheon? r That was not much time. Mayor O'Reilly said they must be ready before the Legislators got to Juneau. Councilman Wagoner not.ead we do not need all of them right away. 9. The Chriszmaz party. Mayor O'Reilly euggested an informal no -host party at Poet "nay. It will be discussed further at Dec. 17 meeting. 4 City Clerk, gone 9-5 Finance Director Finance Director Brown spoke. Coopers L Lybrand are in their third year as auditors, They will send a proposal for the next threes -year period. They may have to raise their price quite a bit. He - 4whnn.Jobsww;+r. Councilwoman Glick asked, could we request proposals now and review them? Mr. Brown replied yes. we do not normally advertise. Councilman Malston asked, are there any local firms? Mr. Brown replied yes, but he /didn't know ,.. ""a"V e 4 Vt+.i4 Caw..(Lo.� ,/JJ•.1-�.�dL.�p�-iY 0. �I V,�w(�,/s� ,JL 6'06'►► p f�p}}�/"CM %J KENAI CITY COUNCIL DECEMHER 3, 1980 Page 18 if they would do this. He said he would select firms, if 1.he Council had any ideas, please call him. H-6 Planning h Zoning None H-7 Harbor Commission Admin. Coord. Davis spoke. 1. Kenai Wetlands Working Group is getting with Murray Walsh Dec. 17, 1980, as mentioned earlier. 2. The third draft of, the MOA will he revic-wed in J-nchorage tomorrow (12-4-80)• All involved agencies in the study are invited. Mayor O'Reilly asked if Mr. Davis will attend, Mr. Davis replied yes. Kenai Peninsula Boroughs Councilwoman Glick spoke. " 1. The Borough now has a toll -free number, ZEnith 4441 2. Borough 5rd. 80-62, Exemption of Sales Tax. This was referred to Finance Committee by Assemblyperson McGahan, to review the total ordinance. We are opposed to the reduction but suggest reduction of 1$ sales tax on the Borough. Mrs. McGahan would like a repre- sentative from the City at the ViLanee Committee meeting Dec. 15, 1980. 3. A resolution by Assemblyperson Dimmick urging legislation to provide 75% real property exemption was proposed and failed. 4, Borough Res. 80-145, for the State to fund 100% of the school projects failed. Councilman Wagoner said he didn't think the Council had taken a stand on reduction of sales taxes. lie thinks we should look at it. Councilwoman Glick said her comments were expressed at the last Council meeting. She thought she had concurrence of the Council. Mayor O'Reilly said he thought no official KENAI CITY COUNCIL tizCMzR 31 1980 gage 19 action hied been takPsn. Councilman Hall said It is premature before th,� legislative st3$Siorx. If we loco 1 y00, 000, we are looitig more tjAn we gained fr= property tax last year. Mayor O'Reilly osid it will be reviewed at the work Seso ton, I. PERSONS PRESENT NOT SCHEDULED TO 9E HEARD 1, Public Works Director Kornalis spoka regarding the engineering propeaalc. He has received cospsnts fr"4 anginears, they were concerned With the time necessary, He will raviaw with the Public works Committee, 2, Councilwoman Glick noted there will be a i,and Committee meeting Friday (Dec. 5, 1980) at City Hall at 700 PM. ADJOURNMENT Meeting adjourned at 1020 PM. Respectfully Submitted, � Jane: Whelan city Clark CI r f i f i F T " 01 KENAI CIVY COUNCIL DECEMBER 31 1980 PARTIAL TW%RSLATIJN 8-1 Ordinance 612-80 - Sale of City Lands MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to adopt the ordinance.. There was no public comment. MOTION, Amendinent s Councilman Mueller moved, seconded by Councilwoman Glick, to amend Ordinance 612-80 with amendments a,b i c from the work session, plus amendment d with changes, and add paragraph 5. Councilman Mueller said that is allowing a set-up fee to be negotiated by the City Manager, The buyer would pay the annual collection fee, it would allow most of the fees to be negotiated on appraised value. Mayor O'Reilly asked if this was reviewed with Atty. Delahay, Councilman Mueller replied, briefly. NOTION, Amendments Councilman Mueller moved, seconded by Councilwoman Glick, for the final paragraph to be amended. Councilman MwIler explained that is an authorizing paragraph for the City Manager to handle closing costs. Mayor O'Reilly said many amendments were discussed at the work session. Mayor O'Reilly asked Atty. Delahay if he had reviewed the amend- ments. Atty. Delahay replied he has seen amend- ments a, b 6 c and the amendments to c. He has not seen amendment d. Some are a muter of policy. He would advise not to add amendment d. He suggested the buyer pay the closing costs. He would like to see amendment d postponed till he can reirive and would like to see it go back to planning 6 Zoning CoMmittee before passing, Councilman Mueller said he did not include item 1 in the smsndment stated with Amendment 2. He agrees it should be reviewed further. MOTIONS Council=n Mueller moved, seconded by Councilwoman Glick, to postpone adoption of the Ordinance till the first meeting in January, 1981. r KPNAI CITY COUNCIL DECEMBER 31 1980 PARTIAL TP.ANSLATION Page 2 VOTE, Amendir:..,ta s Motion passed unanimously by roil call vote. VOTE, Postponement: Motion passed unanimously by roil call vote. Mayor O'Reilly asked Atty. Delahay to put the ordinance into fora for Planning & Zoning. 1 `h r E KLNAT CITY COUNCIL Partial Translation Dec. 3, 1980 MOTION s Councilwoman f;IIck. moved, seconded by Councilman Malston, to acknowledge receipt of the offer by Mr. Proper in regard to purchase of leases BGC and proposed small boat harbor submitted this date. MOTION,Correcteds Councilwoman Glick moved, seconded by Councilman Measles, to acknowledge the receipt of Mr. Roper's offer to sell his lease and assign the Corps. of Engineers' permits to the City of Kenai as sub- mitted this date, Dec. 3, 1980. Motion passed unanimously by roll call vote. Mayor O'Reilly directed the City Manager to send a letter to bu. Roper quoting the motion, with copies to Council. Qin� W� Janet Whelan City Clerk t i 2�r f � , Y . t� 1 s i