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HomeMy WebLinkAbout1980-12-17 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING DECZMPER 17, 1980 KENAI WETLANDS WORKING GROUP - Discussion with Council and Harbor Commission PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL 8, PUBLIC HEARINGS 1. Ordinance 631-80 - Appropriating Money for Land Management Services - $17,500 2. Renewal of Liquor License - La Fiesta 3. Renewal of Liquor License - Italian Garden Pizzaria 4. Capital Improvement Projects - Request for State Funding C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES 1. Regular Meeting, November 5, 1980 2. Regular Meeting, November 19, 1980 3. Regular Meeting, December 3, 1980 a. Two Partial Translations, December 3, 1980 E. CORRESPONDENCE P. OLD BUSINESS ' 1. City Manager Questionaire 2. F.omer Electric - Underground Power sines 3. Jerry Andrews - Contract for Land Management Proposal G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 632-90 - Amending KXr. to Clarify Employee heave Hours Requirment 4. Ordinancr 633-60 - increasing Rev/Appne - General Fund - State Library Grant - $1,700 �►'. Ordinance 634-80 - Telephone System, New City Hall - $25,000 .J J /o. Ordinance 635-90 - Engineering CEIP Streets, 1980 - $31,600 Resolution 80-168 - Authorizing Award of Bid - Microfilm System - Eaztman Kodak.-- $11,545 �$. Resolution 80-169 - Transfer of rands - Provide Additional Monies for FuLvhase and Development of Microfilm - $2,955 9. Resolution 80-170 - Transfer of Funds - Provide Additior_al Monies for Preparation of Capital Improvement Packets for Legislature - $2C.00 Resolution 80-171 - Award of Bid - 10-12 `,Card Dump Truck - Alaska Sales & Service - $50,008 Resolution 80-172 - Award of B.d - Diesel Tractor - Craig Taylor Equip. - $12,025 41._ Regolution 80-173 - Awarding Bid for Telephone System -- Glacier State - $251000 �)A. Resolution 80-174 - Transfer of Funds - water and Sewer, Section 36 - $1,600 14 Resolution 80-177 - Award of Contract for / Engineering Inspection, Water and Seder, Section 36 - Trans Alaskan Engineering 14. Resolution 80-175 - Awarding Contract for Engineering Design - Tinker, Lawton & Walker - Mike Taurianinen J%. Resolution 80-176 - Awarding Contract for Engineering Design - Main St. Luop - Wince, Corthell & Bryson y7: Resolution 80-178 - Accepting Donation of Land from Harold A. Daubenspeck 19. Resolution 80-179 - Calling Special Election for Citizen Support of Small Boat Harbor 19. Quality Asphalt - Change Order #2, Public Safety Building Parking Area - $6,000 20. Pay Estimate 93 - Coastal Inc. - Airport Electrical - $16,045.86 21. Cemetary Maintenance Contract - Tim Wiesnewski 22. Spur Highway Development - Gusty Subdivision H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT KENAI CITY COUNCIL - REGULAR M-ETING, MINUTES; DECEMBER 17, 1980 - 600 PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'RL'ILLY PRESIDING PLFDGE OF ALLEGIANCE A. ROLL CALL Presents Ray Measles, Dick Mueller, Tom Wago.- r, Vincent 0'Reilly, Jess Hall Absents Ron Malston, Betty Glick WETLANDS HEARINGS Murray Walsh, Office of Coastal Management, spoke. He explained, they are here basically to "grease the wheels." There is a Memo of Understarding(MOE) that all pertinent agencies would sign. This will take time and money to complete. Mr. Walsh noted Mayor O'Reilly had explained how much it means to the City. As a result, it means more to OCM, after his presentation. Coastal manage- ment programs require proposals, the Borough is doing one right now. What the new Borough administration feels, OCM doesn't know. It will take 1-1/2 years to prepare, one year to study and 6 mos. to agree on what is right. All at the table must agree all along the line. Thie is experimental, it has not been done before. 004 serves as "grease," but at some time an agency must take over that can stay in the area. Ultimately there will, be a City consultant. The 4 State agencies and 4 Federal agencies must agree. The agencies involved area Federal - Corps. of Engineers National Marine Fisheries Fish & wildlife State - Dept. of Environmental Conservation Dept. of Natural Resources Fish & Game Office of Coastal Management State Dept. of Community & Regional Affairs will be major funding source. Councilwoman Glick entered at this time. Amy Kyle, Office of Coastal Management, spoke. She noted Gary Davis, Administrative Coordinator, had sug- gested the City take the lead in promoting this to the citizens of the City. This is something the City can consider. It is entirely legal. Mr. Walsh noted OCM KENAI CITY COUNCIL DECEMBER 17, 1980 Page 2 would encourage this. Ms. Kyle continued - The advan- tages of this program .ares 1. The permit system would be more predictable. 2. Review time would be shorter. 3. Important wetlands will be identif;Ad. 4. Siting of wetlands locations will be found. 5. In cage3 Af a !Rfn*ea + rAAea-nf F e i * rn" 9wb An..n on the basis of this plan. 6. It could bring bureaucratic problems out in the open. 7. Areas that need Corps. of Engineers identifi- cation will be made. Mayor O'Reilly asked, if the City signs the MOE, what does Mr. Walsh see the City will put into the "pot?" Mr. Walsh replied, largely the same thing. OCM hopes the Borough will support the City project, and not slow it down. If we show solidarity, it will help." We repre- sent many different needs, the City will primarily repre- sent the needs of the City." Environmental concerns are well represented, the City will best speak on development needs. Councilman Malston arrived. Debby Clausen, State Fish & Game, spoke. She introduced representatives present at the Meeting, there were repre- sentatives froms Environmental Protection Agency, Fish & Wildlife, Fish & Game, Dept. of Natural Resources, Environmental Conservation Agency, Dept. of Conser- vation, Planning Div., and National Marine Fisheries. Ms. Clausen read from her prepared statement. 3 Mayor O'Reilly asked what was the estimated cost of the study? Ms. Clausen replied approximately $224,000. The habitat part will be over two years. Councilman Wagoner asked, what was the definition of wetlands? Mr. Walsh replied, there are about 15 differ- ent opinions, the Corps. of Engineers defines it as a combination oft i Vegetation Soils i Hydrology Ms. Clausen noted it is identified by Fish & wildlife based largely on vegetation and soils. Mr. Walsh said 1 KENAI CITY COUNCIL r'1 DECEMBER 17, 1980 Page 3 the jurisdiction is intertwined with the wetlands def- inition. There are many variables. Me. Kyle noted as part of this project, the Corps. of Engineers will tell us what part of the wetlands fall their jurisdiction. There are two criterias a.►k.. 1. Whether they are defined as wetlands. i. If they are in the right place Mayor O'Reilly asked, what is the next stage? Mr. Walsh replied, whatever Council steps are needed. He 1 noted right now all agencies are in agreement. Mayor O'Reilly asked, is Jan. 15, 1981 start-up? Mr. Walsh replied yes. Mayor O'Reilly asked, if we have a Jan. 7, 1981 resolution, would that fit in your time j frame? Mr. Walsh replied, they will start now and wait i for the go-ahead from the City. They must hear from the Borough first. Public Input - Waldo Coyle spoke. He noted since he is part-owner of the land, under a patent awarded in 1949, he wanted to speak. Nothing was said about water or Corps, of Engi- neers supervision. He only recognizes the stipulations on his patent. OCM is asking the City to make a deal on lands we know nothing about, and will get no reimburse- ment for. How can the government take land without Just compensation? The City has zoning powers under the Borough, now OCM is attempting to take lands without compensation. Perhaps a court case would be necessary to establish if they can take the land without compen- sation. Ruby Coyle spoke. She didn't think the City should go into an agreement with these people. She has not seen the agreement yet. Phil Bryson, Chairman of Planning & Zoning Commission, spoke. He would like to see public hearings with Plan- ning & Zoning and the Council. Mr. Walsh said he was unprepared for the strength of Qome people's feelings. There must be 30 days notice for public hearings. We could start Fish & Game efforts on the gamble of the City's feelings. The other agencies can wait, Fish & Game cannot. The agreement is just to participate in the effort, the City can step away at any time from the effort. OCM wants a sense of togetherness. 5 KENA1 CI s i wtinCIL -. OECEM OR 17, 1980 Page 4 City Manager Brighton asked Mr. Walsh, without the agree- ment, the study will not be done? Mr. Walsh replied yes. Mr. £rightnr" aske.3, woaldn't you have to do this anyhow, even dept. by dept.? Mr. Walsh replied the idea is our B dept. and the City will agree. Council agreed to a special meeting on Jan. .1.4, 1981. Mayor O'Reilly said then Mr. Walsh could have the feel- Ing of the City to bring to the Borough .Tan. 20, 1981. Mr. Walsh said that was okay. He noted Community i Regional Affairs is reluctant to gamble, but OCM may be able to work with the Borough in that time. Mayor O'Reilly noted Mr. & Mre. Coyle are excellent sources of reference, if Mr. Walsh was interested. Mr. Walsh - replied, if they wish to, OCM would like to contact them. Councilwoman Glick said the whole idea of the program Is to simplify the program. Regarding compensation, that is discussed in the preamble. 71woe things are being addressed. It is of benofit to owners as well as the City. Waldo Coyle said if this is a Federal act, they must be done by the Federal Government, it is not up to the City to settle. Mr. Walsh said it may be that a court suit may bring about the desired result. He didn't think so. He hopes the citizens don't doubt the sincerity of the entities involved. Mayor O'Reilly zatd at the Anchorage Chamber of Commerce meeting Monday (12-15-80) there were some startling statements wades their position was that the quality of life will now be the most fundamental issue in the City development. It is a reversal of the previous positions. n° After a recess, the ragular Council meeting continued. There was no agenda approval. o; B. PUBLIC HEAPI*NGS 8-1 Ordinance 631-80 - Appropriating Money for Land -- Management Services - $17,500 MOTIONS " Councilman Measles moved, seconded by Councilwoman -=° Glick, to approve the ordinance. Public Comments Wayne Regelin spoke. He said he would urge the NOUAI CITY CODUCIL DECOMBIR 17, 1980 Page 5 Council delay action till we find out what the Bor- ough will » wit: planning. We may have to hire someone to take over these duties. Ruby Coyle spoke. She agreed with Mr. Regelin. She wonders if we get the same kind of service on a contractural basis as we do with City employeas. "Contracts are fine, but if any little deal is not in writing, you can come out with a sour one." You would have more direct control over a City employee. You need someone to have Control over City lands. She would think long before selling tine City lands. We have just seen what happened on a lease of City lands to the small boat harbor. She can see the City down the road buying back land the City has sold now. There is lots of land on the market. You need someone qualified to handle leasing of land, but we should not sell. Atty, Delahay suggF_zW4 the Council tie this into P-3, Lana Mar.3ement Proposal Contract, Council agreed.. 8-2 Renewal of Liquor License - La Fiesta Clerk Whelan said all tales are paid current on this business. M"I6r s O-Ounatlwoman #31iek need, seconded by Councilman Mueller, to send a letter of non -objection to the Alcoholic Beverage Control Board regarding La Fiesta. Motion passed unanimously by voice vote. 2-3 renewal of Liquor License - Italian Garden Pizzaria Clerk Whelan said all tassels are paid current on this business. MOTIONs Councilwoman Glick moved, seconded by Councilman Mueller, to send a letter of non -objection to the Alcoholic Beverage Control Board regarding - Italian Garden Pizzaria. Motion passed unanimously by voice vote. -i o ,n a KEHAI CITY COUfJ & . DECE'.r'10FA 17, 1990 Page 6 B-4 Capital Improvement projects - request for State Funding City Manager Brighton reviewed the brochure. He explained the City was starting on the premise, what would be the City's wishes if they only got 02 Million, then moved up to $4 Million, W a total of $7-1/4 Million. The public hearing was to get input from thc public as to acceptance of prior- itization (sic). Mayor O'Reilly noted there were 3 ether projects endorsed by Council: Small Boat Harbor Culture Center Library Addition Mayor O'Reilly further explained, the V Million is customary City improvements, the 020 Million for the harbor, plus the library and culture center Comes to $32 Million. The planned luncheon with the Chamber and Kenai Legislators will be changed to a special meeting. The final proposal will be decided for the Dec. 29 luncheon in Anchorage with the Anchorage legislators. TharQ was no public comment. Councilwoman Glick asked, there were public hear- ings Dec. 16, tonight (12-17-80), and one scheduled for Jan. 7, 1901. Does this mean the Jan. 7 one is cancelled? City Manager Brighton explained Jar.. 7 is the final stage after the brochures are complete. If there were changes, we could add an addendum, we are held to the Jar. 7 hearing. Councilwoman Glick asked, do we just need a state- ment saying we concur with the time schedule per the Mayor's suggestion, we will review again, but not cancelling the time schedule of Public works Director Kornelis? Mayor OIRc Uly replied yes. Council agreed to the statement as submitted. Ruby Coyle spoke. She asked if last night': (12-16-60) comments will be included. Mayor O'Reilly replied yes. C. PERSONS PRESENT SCHEDULED TO BE HEARD pone D. MINUTES D-1 Regular Meeting, November 5, 1980 KENAI CInT 00 Cl,L DECE BZR 17, 1990 Page 7 Courxilwoman Glick said page 2, paragraph 4; Urie 2, the aantence starting, "There's alert- n,%c '.d read, "There`$ a lot--." Council agreed unanimously by voice vote to the correction. Councilwoman Glick said page 2, paragraph 4, line 5, the sentence s'rartiru7, "There's alot--" should read, "There's a Owincil agreed unanimously by voice vote to the correction. Councilwoman Glick said page 7, paragraph 3, 4th line from the bottom, the sentence starting, "Chief Rose replied he recommend--,41ohould read, "Chief Hass replied he would recommend--." Council agreed unanimously by voice vote to the correction, Councilwoman Glick said page 15, paragraph 1, lot line, the sentence reading, "reduced the amount of--," should read, "reduced the amount to--." Council agreed unanimously by voice vote to the correction. Councilwoman Glick said page 21, paragraph 5, line 6, the work "deference" should be "difference." Atty. Delahay agreed to the change. Council agreed unanimously by voice vote to the change. Council approved the minutes unanimously by voice vote as changed and corrected. D-2 Regular meeting, November 19, 1980 minutes were approved as submitted. D-3 Regular Y"ting, Decemoer 3, 1980 a. Two Pareial Translations, Dec. 3, 1900 Clerk Whelan said Finance Director Brown had requested page 17, section H-5, Finance Director, line 5, the sentence starting, "He would like--" f- I. ",'E.0.� -. _'.._--.��-�'.3Tia��': ..—.r✓�.-.�,._��-roc:=.�--�.ac_.'.�=ay.av�a�4�,�`�iL�C i� I^ENAI CITY COVUCIL Doc"RER 17, 1900 Page 8 be deleted in entirety, and changed to read, "He said Perhaps the Council should appoint a finance committee to review the Proposal &A if they find that propoaal is unacceptable, them we can solicit other Proptsals, This should be clone no later than. y February," Council approved the change unanimously by voice vote. Minutes were approved as changed by the Council, E. COARESPONDZNCE Mayor O'Reilly asked that the letter from Cable TV that wars in the packet be put on the agenda as a discussion item for the Jan, 7 meeting, Council agreed, F. OLD BUSINESS F-1 City Manager Questionnaire Councilman Wagoner suggested, if we mail this out to the public, they should be asked to list any areas they feel could be improved specifically. City Manager Brighton explained, this is just to give an overview of the City problem, Council- man Wagoner suggested sending a separate question- naire at the same time. Mr. Brighton replied, this is a separate problem. Mayer O'Reilly noted, this is an unidentified form, thlo would be identifying areas. Could we get response by areas? Mr. Brighton explained, this would change the intent of the questionnaire. This is a cross-section and was designed to get a cross-section, late has added more gijestf-ons to the original questionnaire. He asked the media to not publish the questionnaire till it is answered to avoid bias. Tito Cy_ty would ask for no publicity till then. There was some discussion on individual questions. Mr. Brighton explained, the results will be in percentages,, it will prove we need to do work in thiz area of work. Councilman Wagoner noted on number 12, there's never been talk of 90% of funding, it has always been 100%. That is building a negative response. Council agreed to change that to 100%. - is r�r3".i��e -- -� -- _ -�'�— .�wi�n�•rv.�.�=�.:�r`: --- - --- — --.�itirF�vs�iiil�wVeBID/R�iir�.f�il�:l� ' KZVAI CITY CCuUCIL - .. ..e iFi..,CkW'Ek ii, 1990 Page 9 Councilwoman Click asked if Mr, Brighton planned to specify a deadline and enclose a self-addressed return envelope to the questionnaire, with a cover -, letter? Mr. Brighton replied yes, they hoped to have a ten day deadline. There was more dio- cuo0ion on specific questions, Atty. Delahay said #5, this Council does not have the authority to follow up errs that, This presents a queot ion if the public might think the City can do something we cannot do. Mr. Brighton explained, we do net have the autharity, they can still write to their leni:slators. This is just a public opinion poll. The legality has nothing to do with it. There are other questions that may have legal problems, but it is important for the Council to know how they feel, MOTZONs Councilman Malston moved, seconded by Councilman Measle8, to direct the Administration to proceed with the distribution of the questionnaire with suggested changes, �- ' Motion passe unanimously by roll call vote, 7-2 Homer Electric - Underground Power Lines City Manages Brighton said he had a discussion with Mr, Wik, of Homer Electric. He said he would take this before the Board in January, He was very leery of that (situation, that other cities would expect HEA to do the same thing, He did not think the Board would go for it;. Mayor �_. A'ftilly asked if they own the lines, Councilwoman Glick said HEA is paying for them. Atty. Delahay "= said in a few years, they will own them, Council- ' woman Glick said this was referred to the Public Works Committee rht--f *2 '!dui :Vit "i' 'M"- �"' + Manager Brighton had the authority to do as *,c ��K•�+1 w.a,.'t�« -� said. P-3 Jerry Andrews - Contract for Land Management Proposal - Councilman Ki-mller asked to refrain from voting, =` as he could profit from this. t. Council agreed tc the ast;fon: - Councilwoman Glick referred to the newspaper article regarding this item, The Council did have KENAI CIS: r COUNCIL 6ECOWER 17, 1980 Page 10 a wrsrk session in November on this. Also, at the 2nd and 3rd work oetsslons, they were advertised, it is not the fault of the Council that the Clarion did not have a representative. ISRM did have. NOTION% Councilwoman Glick moved, seconded by Councilman Hall, to postpone any action and get proposals at large. Councilwoman Glick continued, this was not decided by the Clarion article, but by discussions she has had. Councilman Wagoner said he is not in favor of the proposal. We have not gone out to bid. We should think about hiring our own person. The Atty. and Admin. Assist. will still have the same amount of work. With a City employee, there will be more continuity in the work. Also, has there been any research on how much work the City puts into lands, so it could be directed to other work if, we had a land person? mayor O'Reilly replied there were estimates made at the Land Committee meeting. Notion failed, with Councilman Measles and Mayor. O'Reilly voting yea: Councilmen Malston, Wagoner, Hall, Councilwoman Glick voting no; and Council- man Mueller abstaining. NOTION% Councilwoman Glick moved, seconded by Councilman Malston, to approve the contract. Notion failed, with Mayer O'Reilly voting yes; Councilmen Malston, Measles, Wagoner, Hall, Council- woman Glick voting no; Councilman Mueller abstaining. 8-1 Ordinance 631-80 - Appropriating Money for Land Management Services 017,500 MOTIONS Councilwoman Glick moved, seconded by Councilman Maloton, to approve the ordinance. It was noted that the motion for approval had already been made. Motion failed, with all Couneilmembers voting no, Councilman Mueller abstaining. I %' avac.c_-r. +..�u..�..w ...a.csa.' JLVwi"- - _� .//�yYj1�JV/�i !✓��..^�27.EO=sl��3iX�': KENAI CITY C0tWCIL �t DECEMBER. 17, 1990 Paqe 11 G. UEW BUSINESS G-1 Bills to be Paid, Bills to be Ratific NOTION s Councilwoman Glick moved, seconded by Councilman Malston, to approve the bills are submitted. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 Finance Director Brown asked to add to the requi- sitions, Vendor -William Murray, Gymnasium to Youth Center, $1,700. Recreation Director McGillivray explained since Mr. Murray designed the building, they felt they should deal with this man for the gymnasium. It will be in the capital improvements brochure. Councilwoman Glick asked, where are the funds coming from? Finance Director Brown replied, non -departmental professional services account. Councilwoman Glick said she had an objection, are r we doing this based on Capital Improvements Projects? Mayor O'Reilly replied yes. Councilwoman Glick asked, isn't this far down on the list? City Manager Brighton replied, $18. Councilwoman Glick asked, how did we. arrive. at $5,000 figure? Mr. Brighton said it is the cost of the gymnasium. Mr. McGillivray said the additional funding was based on the additional features added. Council- woman Glick asked, does the total figure include the ball fields? Mr. McGillivray replied yes. Mayor O'Reilly asked, was it also stated at the Committee meeting that it will go to bid instead bK`�a nor design- al—tzr Mr. McGillivray replied yes. Councilwoman Glick said it may be easy to get facilities, but we should be getting facilities that require little or no personnel. The gymnasium will add personnel. The money from Juneau is not for operation and maintenance. Councilman Wagoner replied, he didn't think the gymnasium at this time will cost us that much. Whoever is hired can oversee the gymnasium also. There would be increased utilities and janitorial charge only. Mr. McGillivray agreed with Councilman Wagoner. Cot+ncilman Hall asked if they had additional revenue estimates. Mr. McGillivray replied there is a possibility we might generate additional KENAI CITY COUNCIL DECEVIBER 17, 1990 Page 12 revenue, but he could not promise, MOTION$ Councilwoman Glick moved, seconded by Councilman Malston, to approve the requisitions as listed. Motion passed unanimously by roll call vote. MOTION Councilman Measles moved, seconded by Councilman Malston, to approve the additional $1700 requisition. Motion passed, with Councilman Mueller voting no. G-3 Ordinance 632-80 - Amending KMC to Clarify Employee Leave Hours Requirement MOTIONS Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roli call vote. G-4 Ordinance 633-80 - Increasing Rev/Appno - General Fund - State Library Grant - $1,700 MOTION$ Councilman Mueller moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. G-5 Ordinance 634-80 - Telephone System, Now City Hall - $25,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance, Councilman Mueller asked, this was not the lowest bid received, why was it chosen? Finance Director w Z Brown replied, this was explained in the resolution in the packet. There are 3 reasonss 0 s KENAI CITY COUNCIL DECEMBER 17, 1980 Page 13 1: Local installation - the other would require transportation costs 2. The warranty is better 3. They are Glacier State lines Councilman Wagoner asked are there additional ex- tensions? Mr. Brown replied it cars handle 36, we have requested 18. Councilman Wagoner noted it is the sauce system as the Community College, the City should look at a larger system. Ite College has 60. Councilman Measles noted the system could be added to at any time, Councilwoman Glick asked who is ACI? Mr. Brown replied he didn't know what the initials stood for, but it was not the same company that had the airport franchise some time ago. Motion passed unanimously by roll call vote. Atty. Delahay noted the date shows the 2nd read- ing tonight (12-17-80). Mr. Brown replied yes. MOTION; Councilwoman Glick moved, seconded by Councilman Wagoner, to have the second reading tonight (12-17-90) Motion passed unanimously by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the ordinance. Public comments Stever Reinhardt, from the Peninsula Clarion, asked why the 2n.0 ;:ending was tonight. Finance Director Brown explained that the Phone system takes two months to obtain. Motion passed unanimously by roll call vote. G-6 Ordinance 635-80 - Engirsering CEIP Streets, 1980 - $31,600 MOTION: Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. I ti rya KEVAI CITY CODUCIL -� DECE14BER 17, 1980 Page 14 notion passed unanimously by roil call vote. MOTION s Councilwoman Glick moved, seconded by Councilman Ralston, to consider the second reading of Ordiner-e 635-80. notion ;.assed unanimously by roll call vote, MOTIONS Councilwoman Glick moved, seconded by Councilman Ralston, to adopt the ordinance.. There was no public comment. Councilman Wagoner asked why this was necessary, Finance Director Brown explained Resolutions 80- 175 and 80-176 approve the contract for engineers, we will go over without the ordinance. Motion passed ananimously by roll call vote, G-7 Resolution 80-168 - Authorizing Award of Bid - Microfilm System - Eastman Kodak - 011,545 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-8 Resolution 80-169 -- Transfer of Funds - Provide Additional Monies for Purchase and Development of Microfilm - $2,955 MOTIONs Councilman Ralston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. -J G-9 Resolution 80-170 - Transfer of Funds - Provide Additional Monies for Preparation of Capital Im- provement Packets for Legislature - $800 i 1 t I i E {9 PAM 7 KENAI CITY COUNCIL ' DWENDER 17, 1990 Page 15 MMION s Councilman Malsston roved, seconded b•, Councilwoman Glick., to approve the resolution. There was no public comment. Motion passed unanimously by roll call voice. 0-10 Resolution 80-171 - Award of Bid - 10-12 Yard Dump Truck -Alaska Sales t. Service - $50,008 MOTION% Councilman Measles moved, seconded by Councilmmn Mueller, to approve the resolution. There was no public comment. Councilman Wagoner asked, the resolution says Alaska Truck meets all specs, does Alaska Sales L Service meet all specs? Mr. Brighton replied he didn't know, and Public Works Director Kornelis was not at the meeting. Councilman Malston asked, is this t'4e 2nd dump truck? Mr. Brighton replied no, he originally asked for $60,000. He went to bid for $50,000. It was Federal Revenue Sharing monies. Finance Director Brown explained Mr. Kornelis has one older one and one that is wrecked. This is the Federal Revenue Sharing we approved. Councilwoman Glick further explained, there is one dump truck wrecked, Mr. Kornelia said there was one used one he could get at $50,000. we told him to get it, but he wasn't able to, so use told him to ojet a new one for $50,000. She has no problem with this recommen- dation. Motion passed unanimously by roll call vote. G-11 Resolution 80-172 - Award of Bid - Diesel Tractor - Craig Taylor Equip. - $12,025 MOTION s Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. TI—re was no public comment. 3 i KENAI CITY COUNCIL r)F/*ZMBZR 17, 1980 Pugs i6 Councilwoman Glick said Public Works Director .,, Kornelis thought this was a. good bid, does Recreation Director McGillivray agree? Mr... McGillivray replied yes, notion passed unanimously by roll call vote. G-12 Resolution 80-173 - Awarding Bid for Telephone System - Glacier State - $25,000 MOTIOUs J Councilman Malston moved, seconded by Councilwoman r - Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roil call vote. a-13 Resolution 80-174 - Transfer of Funds - Water � Sewer, Section 36 a 01,600 MOTION s Councilman Measles moved, seconded by Councilman Malston, to approve the resolution, _ There was no public comment. Motion passed unanimously by roll call vote. G-14 Resolution 80-177 - Award of Contract for Engi- neering Inspection, Water b Sewer, Section 36 - Trans Alaska Engineering MOTao�: _"- Councilman Measles moved, seconded by Councilwoman �V Glick, to approve the resolution. There was no public comment. bL Councilwoman Glick noted thiis was considered at the >' Public Works Committee meetiuq last Thurs. (12-11-80). There were A proposals. Mayor O'Reilly asked about the location of the office. Councilwoman Glick k replied, it is in Seward, but moving to Kenai Lake. "_.sy moved to Soldotna when they were doing work for the Borough, and would establish offices in Kenai if they got the job. 0 Motion passed unanimously by roll call vote. J KENAI CITY COUNCIL DECEMBER 17, 1980 Pacife 17 G-15 Resolution 80-175 Jawarding Contract for Engineterinq Design Tinker, Lawton s Walker Mike Taurianinen MOTION: Councilman Malaton moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Councilwoman Glick said the Public Works Committee reviewed this. This it; ts-leix unanimous recommendation. Notion passed unanimously by roll call vote. G-16 Resolution 00-176 Awarding Contract for Engineering Design Main St. Loop - Wince, Corthell a Bryson MOTIONS Councilman Measles moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. Councilman Mueller asked, we have lower bids, do they not meet requirements? Councilwoman Glick replied, Public Works Director Kornelis gave them a matrix to determine the way to go. The low proposals were too low, Councilman Mueller noted Mike Taurianinedsrecommendation for Lawton Dr. is lower than Wince, Corthell & Bryson is and was not recommended for this. Councilwoman Glick replied true, but we considered the local firm. The acceptable bidder was more aware of problems involved. Also these are "not to exceed" figures. Notion passed with Councilman Mueller voting no. 4 G-17 Resolution 80-179 - Accepting Donation of Land from Harold A. Daubenspeck MOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. Atty. Delahay reviewed the donation, and added amendments passed out at the meeting. He explained as KENAI CITY COtMCIL DECEMBEV 17, 1900 Page 18 the reutrictions are necessary for Daubenspacks to have a tax deduction. The deedo t erissolves are unrestricted. We, do not know the complete value of the land as to gas & oil reserves. MOTION, Amendments CouneilwrAwn Glick moved, seconded by Councilman Measles, to amend the motion by substituting for adoption Resolution 80-178 as presented to Council and amendments by the City Attorney this date, Dec. 17, 1980. There was no public comment. Mayor O'Reilly noted the City Is honoring the, request of Daubenspecks that sales of oil & gas revenues be dedicated to City athletic programs. Motion, as amended, passed unanimously by roll call vote. MOTIONS Councilman: Measles moved that a letter be sent to Daubenopecks expressing our thanks. There was no second. Motion passed unanimously by roil call vote. Mayor O'Reilly requested Atty. Delahay follow through with their attorney. Councilwoman Glick asked, we are seeing that we will dedicate the proceeds to athletic programs by res- olution, this can be undone. Do we need something more binding? Atty. Delahay replied, this is what their attorneYs have suggested. We are accenting subject to this provision. If we violate, the Daubenspecks could violate or withdraw. If another Council tries to use it otherwise, they could come back and withdraw or protest. Councilman wagoner asked, this does not prevent us from the sale. Atty. Delahay replied, right. G-18 Resolution 80-179 - Calling Special Election for Citizen Support Of Small Boat Harbor MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to approve the resolution. KENAI C177i COUNCIL DECEMBER 17, 1980 Page 19 Atty. Delahay pYpl.ained this was placed on the table tonight with amendments. The reason was the election problem the Clerk brought to his atten- tion. We could put this on the ballot with this election, it is a charter change. The property owner's stipulation is unconstitutional. MOTION, Amendment., Councilwoman Glick moved, with concurrence of Councilmen Mueller and Malston, to amend the resolution by substituting section two as sub- mitted this date (12-17-80) and note the last sentence, "within the City." Theras was no public comment. Councilman Wagoner noted on proposition #3, the City has the right to spend the money. It was voted in 1.974, hcre and at the State level. It was a State bond issue, this doesn't serve a purpose. Councilwoman Glick said she requested the reso- lution pertaining to the harbor based on comments of the public:. Whether or not we voted in 1974, she won't debate. whether it is allowable or not, the citizens should vote on it. it will be a large project. The citizens should have the right to vote on this. Councilwoman Glick asked Admin. Coord. Davis, do we have the right to spend the money? Mr. Davis replied he hadn't found out yet. Councilwoman Glick said we are spending money we do not have in written authority. Councilman Wagoner said this is in the capital project 0250,000. That being the case, any engineering contract should be put out as a ballot. We voted over $100,000 to engineering. Councilwoman Glick said this is the basis for the capital im- provement project. The acquisition of land for any capital improvement project starts with the land. Councilman Measles asked, with #2 and #3, what would you do if #2 was yes and #3 was no? Also, there may be a possibility tracts B&C would not be the correct location. Mayor O'Reilly asked Atty. Delahay, what would be the timing on the resolution? Atty. Delahay replied, after checking with Clerk Whelan, we have ample time if you wish to work on it. Councilwoman Glick said tracts B&C may not be the site, but based on information D I I I f i . i 1 • KENAI CITY COUNCIL ,•. DECEMBER 17, 1990 Page 20 received, it seems that they are the sites and they are determined to use $250,000. Personally, she thought we should wait till CH2M Hill does a feasi- bility study. Also, this is based can contract offer and is pending. We have till Feb. 28, 1981 to accept or reject that proposal. Mayor O'Reilly noted we have a work session to review the harbor matter, if we could stay in the time frame and discuss it at the next meeting. Councilman wagoner said he could guarantee you that you would have a hard time getting it at best. It is too long. It should be cut down, Also, 44, "generally" is not a specific statement. Mayor O'Reilly asked the Council if they wished to postpone? There was no reply from Council. Admin. Coord. Davis said in discussion with CH2M Hill and the Harbor Commission, the feelings are there have been problems in presenting this to the Council, how they came to the conclusions - the amount of data that went to Council and :;ill now go to the public. r' Vice -Mayor Glick took the chair. MOTION, To Postpone: Mayor O'Reilly moved, seconded by Councilman Wagoner, to postpone till the Jan. 7, 1991 meeting, the Resolution 80-179. Mayor O'Reilly said we will have a work session with the Harbor Commission Dec. 22, 1980. The wording in #3 can be interpreted two ways. we have accessibility to State bond funds and can be ob- tained administratively. That probably hasn't been emphasized enough. The question has been raised, granted the funds should be used for this purpose, but he would feel more comfortable after getting with the Harbor Commission. Motion passed unanimously by roll call vote. Mayor O'Reilly resumed the chair. G-19 Quality Asphalt - Change order #2, Public Safely Building Parking Area - $6,000 j MOTION Councilman Malston moved, seconded by Councilman Mueller, to approve the change order. 11 N KENAI CITY COUNCIL B""CEMSER 17, 1980 Page 21 Motion passed unanimously by roll call vote. G-20 Pay Estimate #3 - Coastal Inc. - Airport Electrical - $16,045.86 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the pay estimate. Motion passed unanimously by roll call vota. G-21 Cemetary Maintenance Contract - Tim Wiesnewski City Manager Brighton noted this has been at 2 work sessions and has not been addressed yet. The sign says, "City of Kenai Cemetary" but there are no records or plots. People are using it at will without authority. Under the circumstances, this should go before Council. The area has been totally neglected with the exception of recent help by the City and volunteers. Mr. Wiesnewski has devoted a good amount of time and energy with- out payment. Councilman Malston asked, have we ever determined who owns the land? Mayor O'Reilly said the last he heard, BLM owns it. Councilman Malston said that doesn't mean we should not main- tain it. Mr. Wiesnewski explained he is going by guidelines of other cemetaries. The records are important, but the markers are good for uniformity. Councilwoman Glick said there are records. Mr. Wiesnewski replied, the center section was done in the middle 601s, he received the records from Carl Glick. There are areas, however, where you don't know who is buried there. Councilman Wagoner said we should find out who owns the land. We should develop, survey, etc. with the help of Mr. Wiesnewski. It is better than it used to be. We should not enter into a contract without ownership. Council- woman Glick said but it is still being used during this time. If it takes considerable time, we should have a contract in the meantime. MOTIONS Councilman Malston moved, seconded by Councilman Measles, to direct the administration to draw up a contract between Mr. Wiesnewski and the City for maintenance of the cemetary. I f KFNAI CITY COUNCIL DECEMBER 17, 1980 110) Page 22 MOTION, Amendment: Councilman Mueller moved, seconded by Councilman Wagoner, to request the City Manager to requeat proposalz for a contract for maintenance of than City cemetary. . Councilman Wagoner said that sui.ght help the sit- uation, but it might put Mr. Wiesnewski in a bad situation. Other companies could do what they want. MOTION, Amenllment: Councilman Wagoner moved, seconded by Councilman Mueller, to direct the administration to find out about the ownership of the cemetary. Councilwoman Glick referred to the Spruce Grove cemetary. They are very strict down there. It is an association. She noted the competition does lack caring. f-, VOTE, 2nd Amendments Motion passed unanimously by roll call vote. MOTION, lot Amendments Motion failed, with Councilmen Mueller, Hall and Mayor O'Reilly voting yes; Councilmen Malston, Measles, Wagoner and Councilwoman Glick voting no. MOTION, Main Motion with Amendments Motion passed with Councilman Mueller voting no. Ruby Coyle spoke. She noted a long time ago, the Civic League tried to procure the land and could not. When the airport land was given to the City, this was left out. It should be in the City files. She noted Elsie French would be able to tell you everyone that is buried there. G-22 Spur Highway Development - Gusty Subdivision Airport Manager Swalley explained the primary request is to extend the platting of Gusty Subdivision. i�• i i i KENAI CITY COUNCIL DECEMBER 17, 1980 I Page 23 Councilman Mueller noted the design should be laid out to allow access. Mr. SwalleY explained there -r- is a right-of-way there. City Mariager Brighton said what started this, a person asked to lease the land and it was not platted. It has been to Planning & Zoning, they recommend it be done. - MOTION: Councilman Malston moved, seconded by Councilman -' L/' , Measles, to concur with the motion of the Planning ' & Zoning Commission. ter- ; Motion passed unanimously by roll call vote. � ._ • C-23 Games of Chance & skill, Kenai Emblem Club #455 - ' NOTEs This was added to the agenda by unanimous , - approval of the Council at, this time. , ` h MOTION: ' ' Councilman Malston moved, seconded by Councilwoman J Glick, to approve the application. - ,! Motion passed unanimously by roll call vote. —- H. REPORTS ` w H-1 City Manager City Manager Brighton spoke. 1 Ordinance 612-80, A motion was made to amend at .c; the Planning & Zoning meeting. They recommended deletion of a portion, it will be at the next meeting. Councilwoman Glick asked about the job description , -,•,, project. Mr. Brighton replied, we have received ` information from the Municipal League, he has talked to Finance Director Brown, he has, had a department head meeting, they are working on it. f ' H-2 City Attorney i `r None j% H-3 Mayor ` I Mayor O'Reilly spoke. i 1 •J. t 1 . '' !f^'CX ri f .f 1 1 1 1' a 7' } KENAI CITY COUNCIL DECEMBER 17, 1980 Page 24 = 1. Common8ense Alaska had a meeting in Anchorage, Saturday (12-13-80). It is an excellent effort, discussing what should be clone with the excess funds going to the State. . Dec. 10, the City Mayors, City Managers, and 4_!, Borough Mayor Thompson had a meeting. The - principle item of conversation was removal of Planning 6 Zoning from the Borough. If the City wishes to continue planning, zoning platting, they could do so. Mayor O'Reilly arcked if Title 29 had been researched regard- ing government giving up powers? Also, even if the cities set up planning powers, what is to prevent a new Borough from taking the - powers back? now would this he financed? Do - the Borough funds flow through to the City? He felt it would have a bad effect on economic development. The meeting was inconclusive, he j suggested the Council wait a reasonable amount of time for action and call a meeting of the f' " Mayors of the Borough area to take a course of action. -=_ 3. There will be a special meeting Dec. 22, 1980 regarding the Capital Improvements Proposals, with a vote at the end. t i -- 4. There will be a luncheon meeting at the Capt. Cook in Anchorage with the Anchorage legis- lators, Kenai legislators, Council and Admin- istration, regarding the Capital Improvements Proposals. f 5. There will be a work session Monday (12-22-80) V>- with the Harbor Commission. ; Clerk Whelan was asked to handle the meetings. 6. There was a request to liave Dec. 26 as a flay off or a trade-off clay with Jan. 2 for a -.` the City employees. Councilman wagoner noted [ [�- many places allow both to be holidays and substitute a State or government holiday. Councilwoman Glick said she suggests if they ; wish to take it without pay, they can do so. The employees y get goad pay and conditions. City Manager Brighton asked to able to handle this as he sees fit. Council agreed with City Manager Brighton. I f KENAI CITY COUNCIL DECEMBER 17, 1980 i Page 25 7. Exxon Fleur has stated the petrochemical stsidy is still in a "go" phase. S. He wished to thank Chief Ross for his award to the Kenai High School swim team. 9. He would like to commend the staff on the Capital Improvements Projects. Councilwoman Glick asked the Mayor if t'.se letter to Juneau Mayor Overstreet had gone out. There were some grammatical errors in it. Mayor O'Reilly replied it had. H-4 City Clerk Clerk Whelan noted in addition to the meetings mentioned by the Mayor, the City Christmas party will be held Dec. 21 at the Sheffield Kouse. H-5 Finance Director None H-6 Planning i Zoning Councilwoman Glick spoke. 1. Gusty Subdivision has already been discussed. 2. Ordinance 612-80 has already been discussed. H-7 Harbor Commission Admin. Coord. Davis said there was a meeting with CH2M Hill today (12-17-80). He will have a draft copy of the contract by Friday (12-19-80). I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Ruby Coyle spoke. Regarding Planning & Zoning returning to the City. At this time, what was the opinion of the other t1ayors? Mayor O'Reilly re- plied, the proposal raises more problems than it solves. The Mayors were very much against it, he could assume. Mrs. Coyle asked, does the City have to be willing to take the responsibility? Mayor O'Reilly replied yes. Mrs. Coyle noted the Borough could take it back whether the City wants them to or not. Councilman Mueller said he attended the Finance Committee meeting in the Borough. He XENAI CITY COUNCIL r"'! DECZYZZR 17, 1980 Page 26 expressed the City position, we were not against relief, dust that it should be studied. They asked what would our reaction be on the vote, ;could Council put this on real estate tax? He said he told them he did not know, they would look at all this. Councilwoman Glick said perhaps they should consider deleting It of the Borough tax. Was this conveyed to the Committee? Councilman Mueller said we may have given two different programs, but they are not in conflict. He felt we should look at the program thoroughly before acting. He noted it was referred to a sub -committee for further study. Councilman Measles asked Co+mcilman Mueller, did he feel a sense of the Finance Committee? Have they made up their minds already? Councilman Mueller replied one of the committee (members) thought it was a good idea, after r.;eiving static, he was willing to study it furicher. Mayor O'Reilly wished all those present a Merry Christmas. tia,+ ct•- Dick Nebteee, from KSRM, said he can't hear what is being said, he requested the Councilmembers move closer to their mikes. Meeting adjourned at ilsl5 PM. Respectfully Submitted, ,a net a an, C ty erk - 00` r� ra s, 0 0