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1991-08-21 Council Packet
Kenai City Council Meeting Packet August 21, 1991 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 21, 1991 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Tom Luzny - Alaska Mapping Systems/Atlas Proposition 400141. Clarence Ladd - Smoking/Non-Smoking at Senior Center 3. Donna Riddle - Bank Erosion/Angler Drive and the Kenai River. C. PUBLIC HEARINGS 1. Ordinance No. 1450-91 - Increasing Estimated Revenues and Appropriations by $895 in the Senior Citizens - Borough Special Revenue Fund. 2. Ordinance No. 1451-91 - Increasing Estimated Revenues and Appropriations by $1,337 in the "Miscellaneous Older Alaskans Grants" Fund. 3. Ordinance No. 1452-91 - Increasing Estimated Revenues and Appropriations by $15,705 in the General Fund as a Result of Two Library Grants. 4. Ordinance No. 1453-91 - Increasing Estimated Revenues and Appropriations in Three Senior Citizen Funds by a Total of $4,757. 5. Ordinance No. 1456-91 - Amending Kenai Municipal Code 14.20.230(b)(2) Entitled "Home Occupations." -1- D. 6. Resolution No. 91-52 - Transfering $16,383 in the General Fund for Additional Money for Sidewalks in the Memorial Park. 7. Resolution No. 91-53 - Transfering $15,000 in the General Fund for Legal Fees in the City of Kenai/MSM Partnership Litigation. 8. Resolution No. 91-54 - Awarding a Contract for Concrete Sidewalk and Miscellaneous Repairs to Tri-City's Construction for the Total Amount of $47,493.00. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of August 7, 1991. 2. *Special Meeting of August 12, 1991. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 102. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1446-91 - Amending the Kenai Municipal Code, Title 7, Chapter 25, Section 090 Entitled, "When Voter Ratification Required for Use." 4. *Ordinance No. 1457-91 - Increasing Estimated Revenues and Appropriations by $5,123 in the General Fund for Library Materials. -2- 5. *Ordinance No. 1458-91 - Increasing Estimated Revenues and appropriations by $120,000 in the General Fund to Settle Litigation. 6. *Ordinance No. 1459-91 - Amending Kenai Municipal Code 14.20.180 Entitled, "Variance Permits." 7. *Ordinance No. 1460-91 - Amending Kenai Municipal Code 14.20.150 Entitled, "Conditional Uses." 8. Discussion - Congregate Housing Design Committee/Requested Additions. 9. Discussion - Change Order No. 2/Sewer Treatment Plant, Explanation for Previous Discussion. 10. Discussion - Kenai Senior Citizens Center, Dining Room Addition/Carpet Pad Installation. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- MAYOR'S REPORT AUGUST 21, 1991 COUNCIL MEETING CHANGES TO THE AGENDA REMOVE: B-2, Clarence Ladd ADD: H-2, Purchase Order to Homer Electrical Association in the amount of $7,335.00 to provide electrical power service to Lift Station on Marathon Road. CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT DISCUSSION 1. SET SPECIAL MEETING FOR AUGUST 28, 1991 IN ORDER TO CONDUCT A PUBLIC HEARING ON ORDINANCE NO. 1446-91. Request the Work Session scheduled for September 12 regarding the Bicentennial Visitors & Cultural Center be re -scheduled for immediately after the special meeting on August 28. "I 1z, August 16, 1991 To: Mayor John Williams City of Kenai Re: Bank Erosion - Angler Dr. & Kenai River We need your help with the bank erosion fronting Lots 26, 27, 28, 29 and 30 of Block 1, Angler Acres S/D, Kenai, Ak. We have been 3 years trying to get a permit to slog down or stop the continual erosion fronting our homes. We live at Lot 29 and our home is now threatened to the point of moving it back from the water. The next home that will go is Lot 30. We are not as willing as they were at Mat -Su to let it go into the river and have been told it must be done THIS YEAR in order to get the equipment to the house. We are now in a state of EMERGENCY . Furthermore, we have been informed that any financing to move the house should be linked to a permit for bank erosion - or - no loan. Please help us get Golmrnor Hickle to declare an emergency disaster (or other qualifying declarations) that would help us get some financing for moving our house this year. We have been to all the agencies we know and it appears this is the only hoop we haven't tried. That would open some emergency loan funds from both federal and state level. Thank you in advance for your help in this cause. Si cerely,01 &--1- Steve & Donna Riddle Mail: 10 819 Spur Hwy Kenai, AK 99611 Residence: 1535 Angler Dr. Kenai, AK 99611 cc: Mayor Don Gillman - Kenai Peninsula Borough August 16, 1991 To. Mayor Don Gillman Kenai Peninsula Borough Re: Bank Erosion - Angler Dr. & Kenai River e need your help with the bank erosion fronting Lots 26, 27, 28, 29 and 30 of Block 1, Angler Acres S/D, Kenai, Ak. We have been 3 gears trying to ,get a permit for river bank restoration to slow down or stop the continual erosion of our pe ope rty by the Kenai River. We live at Lot 29 and our home is no r threatened to the point of moving it back from the water. The next home that will go is Lot 30. We are not as willing as they were at Mat -Su to let it go into the river and have been told it must be done THIS YEAR in order to get the equipment to the house. We are now in a state of EMERGENCY . Furthermore, we have been informed that any financing to move the house should be linked to a permit to stop the bank erosion - or - no loan Please help us get Governor Hickle to declare an emergency disaster (or other qualifying declarations) that would help us get some financing for moving our house this year. We have been to all the agencies we know and it appears this is the only hoop we haven't tried that would open some emergency loan funds from federal or state level Thank you in advance for your help in this cause_ Sincerely, Lt,� /6A Steve & Donna Riddle Mail: 10819 Spur Hvy Kenai, AK 99611 Residence: 1535 Angler Dr. Kenai, AK 99611 cc: Mayor John Williams - City of Kenai DECLARATION of DISASTER CITY of KENAI WHEREAS, the City of Kenai has sustained serious damage and threats to life and property resulting from erosion of the Kenai River, in the vicinity of Anglers Acres Subdivision, Part Two; and, WHEREAS, the City of Kenai is a political subdivision within the State of Alaska; and, WHEREAS, current river erosion continues to present a serious threat to life and property in the residential area of Anglers Acres; and. WHEREAS, the severity and magnitude of the emergency is beyond the timely and effective response capability of local resources. THEREFORE, the undersigned, Mayor of Kenai, declares that a condition of Disaster Emergency exists in Kenai. FURTHER, it is requested that the Governor declare a Disaster Emergency to exist as provided for in A.S. 26.23.020 and provide such assistance as is needed. SIGNED this 21st day of August, 1991. John Williams, Mayor of Kenai Suggested by: Administration City of Kenai ORDINANCE NO. 1450-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $895 IN THE SENIOR CITIZENS - BOROUGH SPECIAL REVENUE FUND. WHEREAS, the United Way has awarded the City an additional grant for emergency food and shelter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Council on Aging - Borough Increase Estimated Revenues: United Way Emergency Food Grant 895 Increase Appropriations: Operating Supplies 895 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 7, 1991 Adopted: August 21, 1991 Effective: August 2.1, 1991 Approved by Finance: (7/23/911) k1 Suggested by: Administration City of Kenai ORDINANCE NO. 1451-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,337 IN THE "MISCELLANEOUS OLDER ALASKANS GRANTS" FUND. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $1,337 to be used for travel, per diem and registration for the Project Director to attend the American Society on Aging Conference in San Diego, California on March 14-17, 1992. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Miscellaneous Older Alaskans Grants Fund Increase Estimated Revenues: State Training Grant 1 337 Increase Appropriations: Miscellaneous $ 130 Transportation 1,207 $1,337 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 7, 1991 Adopted: August 21, 1991 Effective: August 21, 1991 Approved by Finance: K1 Suggested by: Administration, City of Kenai ORDINANCE NO. 1452--91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,705 IN THE GENERAL FUND AS A RESULT OF TWO LIBRARY GRANTS. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $8,705 for library books, and WHEREAS, the State of Alaska has awarded the City of Kenai another grant in the amount of $7,000 for personnel, books, and transportation to support library activities at Wildwood Correctional Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Library Grants $ 15,705 Increase Appropriations: Library - Salaries $ 5,507 Library - Medicare 80 Library - Social Security 341. LiY7rary - Transu_ ortation 360 Library - Books 9,417 15,705 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 7, 1991 Adopted: August 21, 1991 Effective: August 21, 1991 Approved by Finance: c-»� (7/26/91) k 1, Suggested by: Administration City of Kenai ORDINANCE NO. 1453-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THREE SENIOR CITIZEN FUNDS BY A TOTAL OF $4,757. WHEREAS, in the Council on Aging Title III fund, meal donations are expected to be $247 more than in the City budget, USDA cash is $205 more than :in the City budget, and the transfer from Kenai Borough Senior Citizens fund is increased in the amount of $178. WHEREAS, in the Kenai Borough Senior Citizens fund, the Kenai Peninsula Borough Grant is $1,205 less than in the City budget, the United Way grant is $6,789 less than in the City budget and monies are available in fund balance -in the amount of $8,172. WHEREAS, in the Senior Employment fund, the State grant is $3,949 more than in the City budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases (decreases) be made in the following funds: Title III Estimated Revenues: Meal Donations $ 247 USDA Cash 205 Transfer from Kenai Borough Senior Citizens Fund 178 630 Appropriations: Congregate Meals - Operating Supplies $ 504 Home Meals - Operating Supplies 126 630 Kenai Borough Senior Citizens Fund Estimated Revenues: Appropriation of Fund Balance $ 8,172 Kenai Peninsula Borough Grant <1,205> United Way Grant: <6,789> 178 Appropriations: Transfers to Title III 178 Ordinance No. 1453-91 Page Two Senior Employment Fund Estimated Revenues: State Grant 3 949 Appropriations: Salaries 3,506 Medicare 51 Social Security 217 ESC.: 35 Workers Coma 140 3 949 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 7, 1991 Adopted: August 21, 1991 Effective: August 21, 1991 Approved by Finance:_C`�y (7/30/91) k1 ..: YIW WYy r 7 AAC 50.207 iidance, and the hild's abiity for :id social experi- ed; luding exposure animals known care who assists ations of (a), (d), r and (c) of this a frequency not e in a facility- if )lence or moral Register 61; am 1/1/88, Register )ear instead in story note for 7 fly 17, 1987 ef- •gency amend- 'G. (a) A center must include giver is respon- administrative uding those du- rgencies; ,t include effetc- an emergency; es that promote ,reenin�_, prone ut rr. pmr rbili C 50.'Li'': Trey. rt+l needs, 7 AAC 50.210 HEALTH AND SOCIAL SERVICES 7 AAC 50.210 (A) creating an awareness of development that is normal for each child in care with special needs; (I3) characteristics of the specific chronic illness or disability of each child in care with special needs; (C) methods of mainstreaming each child in care with special needs; and tD) modifications of environment, materials, and activities to accommodate the specific children with special needs in care. (b) The orientation required in (a) of this section must begin at the time of employment and be completed within the succeeding four weeks. (c) A facility shall ensure that an inexperienced caregiver is acconi- panied by an experienced caregiver, until the inexperienced caregiver is able to safeguard effectively the health and safety of children in care. (d) A center shall ensure that each staff member receives a mini- mum of 1.2 hours a year of in-service training. The in-service training must be relevant to the staff member's job responsibilities, and may include (I) a review of relevant material described in (a) of this section; (�) CPR and training in first aid; principles of child development; (4 - other types of related training. (e) center must document orientation and training given to each staff member. (Eff. 9/28/85, Register 95; am 1/1/88, Register 104) Authority: AS 47.35.010 AS 47.35.030 7 AAC 50.210. SUPERVISION. (a) A facility shall have suffi- cient personnel to ensure that required caregiver ratios are met and that children are never left without supervision by a caregiver. A facilit.shall maintain caregiver and child attendance records that reflect the dally time of arrival and departure of children and car(191', rs. ih) li there are children with special needs in care, a home inust reduce 'he caregiver -to -child ratios, if necessary, to ensure individual- ize,i care and safety for each chill with special needs. t,-) Ir: a home, if there are infants and toddlers in care, there may no. he (1) nrcre than two children under the al,e of 30 months. includin- (-�iildren related to the caregiver; _L2) ri,ore than six Children unrelated to the caregiver; and C(3) more than eight children tinder age 12, including children ,fats, to the car( iver. 51r Suggested by: Administration City of Kenai RESOLUTION NO. 91-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $16,383 IN THE GENERAL FUND FOR ADDITIONAL MONEY FOR SIDEWALKS IN THE MEMORIAL PARK. WHEREAS, the only bid to install sidewalks in the memorial was for $32,383, and WHEREAS, the budget for this work is $16,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $ 16,383 To: Parks - Improvements other than Buildings. $ 16,383 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (8/16/91) hm Suggested by: Administration City of Kenai RESOLUTION NO. 91-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $15,000 IN THE GENERAL FUND FOR LEGAL FEES IN THE CITY OF KENAI/MSM PARTNERSHIP LITIGATION. WHEREAS, The City of Kenai is continuing .its litigation in the MSM (Inlet Woods) matter, and additional legal fees will be incurred. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the follow:_ng budget transfers be made: General Fund From: Other - Cont:i..ngency $ 15,000 To: Legal - Professional Services $ 15,000 PASSED BY THE COUNCIL OF THE CITY OF KENA--, ALASKA, this 21st day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L., Freas, City ':'lerk Approved by Finance:_(' ci (8/16/91) hm Suggested by: Adminis«a«U11 CITY OF KENAI RESOLUTION NO. 91-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR C ALK AND MISCELLANEOUS REPAIRS TO TRI- CITY'S CONSTRUCTION FOR THE TOTAL AMOUNT OF $44 493:W. WHEREAS, the Tri-City's Construction was the only bidder on this project, and WHEREAS, this resolution and award of the project is contingent upon Council approval, and WHEREAS, the recommendation from the Recreation Director, and the Public Works Department is to award the contract to Tri-City's Constriction for the total cost of $4q-,443-.-09, and WHEREAS, the Council of the City of Kenai has determined that Tri-City's Construction's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for iscellaneous repairs be awarded to Tri- City's Construction for the total amount of 44 -,49M. PASSED BY THE COUNCIL. OF THE CITY OF KENAI, ALASKA this 21st day of August, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: ►tidI K II BICENTENNIAL. l'iea� tCrj mica fue,l MEMORANDUM TO: Keith Kornelis, Public Works Director Kayo McGillivray, Parks & Rec. Director FROM: Jack La Shot, Citv Engineer9k DATE: August 15, 1991 CITY OF KENAI 6?a�� 4 4i4,4,a,, / 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 SUBJECT: Concrete Sidewalk and Miscellaneous Repairs - 1991 We received bids this date to construct sidewalks in Lief Hanson Memorial Park and to make miscellaneous curb & sidewalk repairs and construction. The only bid received was considerably more than I had estimated (Tri-City's Construction - $47,493, total). This included $32,383 for sidewalks in the park. We have only $16,000 appropriated in the Parks budget for that work. However, there is enough funds to do the other work in the streets budget. Apparently, there is quite a bit of work available for concrete contractors at this time as we did not receive other bids although bid specs were taken by others. We could re -bid this project again, possibly for early spring construction. I think we could receive lower bids. If the project is awarded to Tri-City's Construction, however, I am sure they would do quality work, as they have in the past. JL/kv 11 D-2 KENAI AIRPORT COMMISSION City Hall Council Chambers Bob Summers, Chairman August 8, 1991 1. ROLL CALL; The meeting was called to order by Chairman Summers at 7:08 p.m. Commissioners present were: Summers, Koerber, Ames and Scott. Commissioner Shackleton arrived late. Also present was Airport Manager Ernst. 2. APPROVAL OF AGENDA: Chairman Summers added Item 6b, Resignation of Commissioner Garnett. 3. APPROVAL OF MINUTES OF JULY 11 1991: Commissioner Ames moved to approve the minutes and Scott seconded. Hearing no objections, the minutes stood approved. 4. PERSONS SCHEDULED TO BE HEARD: None 5. OLD BUSINESS: a. Underground Tank Liability. Due to the city attorney being on vacation, Airport Manager Ernst was unable to meet with him concerning the liability issue. Currently the underground tanks at the emergency generator building and at the flight service station are being taken out. Council has appropriated monies for this project. There was discussion concerning starting a key system for fuel, however, many pilots do not want that type of system and want their own tanks. As the Fire Marshall stated, above ground gravity fed tanks are illegal. b. Long Term Fueling Problems -Standardization Proposal Underground tank liability and long term fueling will be taken up at the next meeting giving Airport Manager Ernst a chance to discuss it with the city attorney. 6. NEW BUSINESS: a. VOR and Compass Rose. Airport Manager Ernst checked with FAA regarding the VOR locator. A location in a fairly clear area, probably on "C" taxiway, needs to btu selected and marked with a circle and an arrow. FAA wall check the VOR heading, verify and establish it; and then it: becomes part of the airport ALP. KENAI AIRPORT COMMISSION August 8, 1991 - 2 - The Compass Rose will not be done until next year due to the need of a surveyor and paint. b. Chairman Summers read a letter from Ed Garnett resigning from the Commission due to personal reasons. KOERBER MOVED TO ACCEPT GARNETT'S RESIGNATION AND AMES SECONDED. MOTION CARRIED. Chairman Summers stated Commissioner Garnett has been a hard working member that brought to the Commission foresight and a real dedication to try to do the best job possible. Commissioner Garnett had agreed to sit on a committee to oversee the ceremony on November 11, 1991, to coincide with a static display of an aircraft in front of the airport. Chairman Summers asked for a volunteer to help with that now. AMES MOVED TO AUTHORIZE THE CHAIRMAN TO SOLICIT VOLUNTEERS FROM THE PUBLIC WHO ARE MORE QUALIFIED TO WORK ON THIS TYPE OF PROJECT. SCOTT SECONDED. MOTION PASSED. Chairman Summers stated in addition to general public he would also like a Commission member on the committee besides himself. 7. AIRPORT MANAGER'S REPORT: Three taxi cab holding spaces have been lined out in the short-term lot along with signs. August 16 starts the paid long-term parking at the airport. Drop boxes are in place in the parking lot and in the terminal building. Price will be $2/day or a non-transferrable permit for $250/year. Short term lot will have a large sign noting the hours when subject for impound. He feels the Commission should review the date when the Commission meets so it will be more in line with Council meetings. Four electric gates may be put in at the airport and all the other gates closed with padlocks to try to cope with the moose problem. Cantilever gates are proposed at the road that goes into South Central and Kenai Air, at Granite Point, at the main gate, and atthe tower. Ames asked about possible "turnstyle type" gates opening into two lanes. Ernst doesn't know of a manufacturer but will pursue the possibility. $147,000 was received for KENAI AIRPORT COMMISSION August 8, 1991 - 3 - the float plane acquisition and they will be submitting for payment. Two bids for the snow sweeper were received, however, low bidder may not be qualified, and they may go out again on the bid. The drainage project got tied up in environmental assessment and will not be completed this year since some of the waste disposal sites have to be re -designed. The specs are being done for the firefighting vehicle and will go out to bid about February. The existing fire station will need an addition to accommodate the vehicle. The current vehicle does not meet the current standards but will be used as a back-up vehicle. Manager Ernst will be initiating additional AIP funding for four vehicles --a caterpillar, a front-end loader, the Oshkosh snowblower, and the Oshkosh sander/belly scraper unit. Ernst noted that passenger emplanements will run between 113,000 to 120,000 which is highest year to date. 8. COMMISSION COMMENTS & QUESTIONS: Chairman Summers has been approached about parking arrangement of the rental cars. Ernst stated he noted that there were several agencies that had more than their 15 spaces and recently sent out a letter asking them to review their contract; and if they need more spaces, they may rent additional spaces on a monthly basis. Ernst will meet with Shackleton to discuss the location of the VOR checkpoint. 9. ADJOURNMENT: Ames moved to adjourn the meeting. Hearing no objection, Chairman Summers adjourned the meeting at 7:55 p.m. Respectfully submitted, f" Earlene Reed, Recording Secretary for the City of Kenai 7--- JUL c ecOiv QOfK, .�jd naj Dea D'-,5 SPECIAL CITY OF RENAI COUNCIL MEETING MINUTES AUGUST 28, 1991 PAGE 6 MOTION: Councilwoman Swarner MOVED to rescind action on Resolution No. 91-54 and Councilman Walker SECONDED the motion. Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Finance Director Brown stated that the figures on Resolution No. 91-54 will now be $19,340.50 for the design and $589 for the design. The total transfer would then be $19,929.50. MOTION: Councilman Smalley MOVED for approval of Resolution No. 91-54 and Councilwoman Swarner SECONDED the motion. There were no public or Council comments. VOTE: Williams requested UNANIMOUS CONSENT. "There were no objections. SO ORDERED. ITEM D: ADJOURNMENT The meeting was adjourned at 7:30 p.m. Minutes transcribed by: Carol L. Freas, City Clerk (8/29/91) KENAI HARBOR COMMISSION August 12, 1991 Kenai City Hall Barry Eldridge, Chairman 1. ROLL CALL: The meeting was called to order by Chairman Eldridge at 7:17 p.m. Commissioners present were: Eldridge, Maguire, Jahrig, and Malmberg. Arriving after the special council meeting were Ad Hoc member Walker and Mr. Kornelis from the City of Kenai. 2. APPROVAL OF AGENDA: Since the packets were not available, Item 4b(2) was dropped. MALMBERG MOVED TO ACCEPT THE AGENDA AND MAGUIRE SECONDED. MOTION CARRIED. 3. APPROVAL OF.MIINUTES OF JUNE 10: MAGUIRE MOVED TO ACCEPT THE MINUTES OF THE JUNE 10 MEETING. MALMBERG SECONDED AND MOTION CARRIED. 4. OLD BUSINESS: a. Blessing of the Fleet. The event took place on June 23 with light turn out on the water and about 75 people on the beach. The mayor and a few pastors spoke. For being the first one, the ceremony went well. b. Harbormasters Conference: (1) Tentative Agenda. The commissioners went over the tentative agenda noting the additions under Insurance Forum. Lunch and cocktail hours with no host should be so noted on the agenda. Eldridge has coordinated all the tours except for Unocal and he will be contacting them soon. He will also be lining up a few more speakers. There was discussion as to the location of the conference. Kenai Kings Inn, Merritt Mall and Cook Inlet Aquaculture Association were discussed as possible locations to be looked into. MAGUIRE MOVED TO HAVE A WORK SESSION ON MONDAY, AUGUST 26, 1991, TO FINE TUNE THE CONFERENCE ARRANGEMENTS. MALMBERG SECONDED. MOTION PASSED. The registration fee and what participants would received from it was discussed. KENAI HARBOR COMMISSION August 12, 1991 - 2 - a. Fishing Hole. Councilman Walker mentioned the fishing hole at a council meeting and immediately a newspaper article concerning it was written. Even if the article was less than approving, it was felt there is interest to support it and the Harbor Commission should further develop this concept. This item will also be discussed at the work session meeting. d. Will Jahrig was appointed to the Commission on June 6 filling the vacant position; however, Loretta Breeden turned in her resignation on that date. Councilman Walker encouraged the Commissioners to actively seek possible candidates for the Commission. 5. NEW BUSINESS: a. COE Permit Application by Jerry Huf. Even though the comment period had expired, the Commissioners reviewed the permit application and found nothing abnormal in it. 6. CORRESPONDENCE: None 7. DI$CU_SSION:. It was felt to encourage a fishery out of the mouth of Kenai, safer facilities need to be developed at the dock area. There was discussion of a possible flat walk with hand rails and a ladder for the dock. This item will be discussed at the next meeting. The Corps of Engineers have relaxed a few regulations and a new handbook will soon be available with the new interpretations. This may allow some fill to be put in the old dock area. There was also discussion of the bluff area erosion. 8. COMMISSION COMMENTS & QUESTIONS: None 9. INFORMATION: a through d and f. The Commissioners looked over the information in their packets. e. iAaguire expressed his frustration which led to his resignation from the Commission stating he feels the Commission shouI3 be accomplishing more. In addition to the KENAI HARBOR COMMISSION August 12, 1991 - 3 - regular monthly meeting, he would like to see the Commissior. meet for work sessions to help accomplish many of the discussion items mentioned earlier. He desires to remain or the Commission if it will be a working Commission. One project he would like to undertake is getting handicap accessibility to the river and mouth. 10. ADJOURNMENT: A work session was scheduled for August 26, 1991; and the next regular meeting will be September 9, 1991. MAGUIRE MOVED TO ADJOURN THE MEETING AND MALMBERG SECONDED. THE MEETING WAS ADJOURNED AT 9:19 P.M. Respectfully submitted, Earlene Reed, Recording Secretary for the City of Kenai Y(Enai Cammuni(q fdza, y A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JULY 1991 CIRCULATION ADULT JUVENILE EASY BOOKS FICTION 1872 906 1900 NON-FICTION 2086 270 432 TOTAL BOOK CIRCULATION .........................7,466 FII:,MS, PHONODISCS, PAMPHLETS, PERIODICALS....... 828 TOTAL CIRCULATION 8,294 ADDITIONS ADULT JUVENILE EASY BOOKS GIFTS 1.34 12 0 4 ME PURCHASES 203 47 16 1 MAP TOTAL ADDITIONS..................................417 INTERLIBRARY LOANS ORDERED RECEIVED RETURNED BOOKS 100 30 10 INTERLIBRARY LOANS BY OUR LIBRARY .........................53 VOLUNTEERS NUMBER .......... 27 TOTAL HOURS .... 66,, INCOME FINES AND SALE BOOKS $786.50 LOST OR DAMAGED BOOK;; 1;71.15 XEROX 4 6.25 DONATIONS 500.00 TOTAL INCOME FOR. JULY 1991 $1,933.90 .x 12ai COmnzanity 1461a1y A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued July 1991 Kenai Anchorage Clam Gulch Fairbanks Homer Kasil.of Nikiski Ninilchik Sol.dotna Sterling Out of State 87 4 1 1 2 8 12. 1 31 8 145 300 Library Patronage .. 9,716 Persons 9(ena.i Communi(q -f y c zaz A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JULY 1991 CIRCULATION ADULT JUVENILE EASY BOOKS FICTION 1872 906 1900 NON-FICTION 2086 270 432 TOTAL BOOK CIRCULATION .........................7,466 FILMS, PHONODISCS, PAMPHLETS, PERIODICALS....... 828 TOTAL CIRCULATION 8,294 ADDITIONS ADULT .JUVENILE EASY BOOKS GIFTS 134 12 0 4 MF PURCHASES 203 47 16 1 MAP TOTAL ADDITIONS..................................417 INTERLIBRARY LOANS ORDERED RECEIVED RETURNED BOOKS 100 3() 10 INTERLIBRARY LOANS BY OUR LIBRARY .........................53 VOLUNTEERS NUMBER .......... 27 TOTAL HOURS .... 664 INCOME FINES AND SALE BO()KS $786.50 LOST OR DAMAGED BOOKS 171.1.5 XEROX 476.25 DONATI C%NIS 500. 00 TOTAL INCOME FOit JULY 1991 $1,933.90 Co,nn2unity ! dzctt A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued July 1991 Kenai 87 .Anchorage 4 Clam Gulch 1 Fairbanks 1 Liomer 2 Kasilof 8 Nikiski 12 Ninilchik 1 Soldotna 31 iterIing, 8 Out of State 145 300 Library Patronage .. 9,716 Persons yi ewrtl�a� tG'!ty mil-;%YW" MEMORANDUM CITY OF KEN 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 DATE: AUGUST 16, 1991 TO: RENAI CITY COUNCIL FROM: PLANNING AND ZONING COMMISSION RE: COMMISSION MEETING ACTIONS - AUGUST 14, 1991 At their meeting of August 14th, the Planning and Zoning Commission took the following actions on agenda items: 5. a. White Country Estates - Change to Preliminary Plat. Passed unanimously. b. Reconsideration of Vote on B&B Conditional Use Permit - Sharalyn S. Wright. Date of vote on reconsideration has been scheduled for the August 28th meeting, so public hearing notices may be sent to interested parties. 6. a. South Central Air Expansion of Hangar on Leased Lands. Passed unanimously. b. Approval of Land Lease to Robert Roper and Johnny Jackson. Item moved to August 28th meeting. The Commission felt the lot in question should be retained, because it is near the site of the new proposed court house. Planning Staff will contact Roper and Jackson before the next meeting to establish the potential of leasing other City owned lots. 7. a. Proposed Development in TSH Zone - Day -Care - Will and Becky Jahrig. Passed unanimously. b. Preliminiary Plat - Horseshoe Find at River Bend. Passed unanimously. c. Request for Rezone Query - Mike Johnson - Mr. Johnson currently owns property in a General Commercial Zone, he would like to establish a dog boarding kennel, which is not an allowed use under CG. The Commission requested that the City Attorney give direction to Mr. Johnson regarding the best way to utilize his property as a animal boarding facility and meeting KMC requirements. d. Resolution PZ 91-28: Request for KMC change to 14.10.020 entitled, "Definitions." Passed unanimously. e. Resolution PZ 91-29: Request for KMC change to 14.20.180 entitled: Home Occupations. Passed unanimously. KENAI PLANNING & ZONING COMMISSION August 14, 1991 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC HEARINGS 4. APPROVAL OF MINUTES July 24, 1991 5. OLD BUSINESS a. White Country Estates - Change to Preliminary Plat b. Reconsideration of Vote on B&B Conditional Use Permit - Sharalyn S. Wright 6. NEW BUSINESS a. South Central Air Expansion of Hangar on Leased Lands b. Approval of Land Lease to Robert Roper and Johnny Jackson 7. PLANNING a. Proposed Development in TSH zone - Day -Care - Jahrig b. Preliminary Plat - Horseshoe End at Riverbend C. Request for Rezone Query - Mike Johnson d. Resolution PZ 91-28: Request for KMC change e. Resolution PZ 91-29: Request for KMC change 8. REPORTS a. City Council b. Borough Planning C. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai. City Council Agenda - 8/7/91 2. KPB Planning Commission Agenda - 7/15/91 3. Memo from City Attorney - CUP, B&B Coyle's Landing 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 71 1991 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council. Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Tom Luzny - Alaska Mapping Systems/Atlas Proposition 2. Karen Koester - VIP Drive/Street Upgrade Request 3. Mike Pelch - Reopening Old Gravel Pit/Beaver Loop. 4. Larry Powers - Public Works Director and Powers' Dock Project. 5. Robert Roper - Temporary Lease C. PUBLIC HEARINGS 1. Ordinance No. 1445-91 - Amending Title 4, Chapter 4.25 of the Kenai Municipal Code, Entitled "Uniform Plumbing Code" to Adopt and Incorporate by Reference the 1991 Edition of the Uniform Plumbing Code. 2. Ordinance No. 1447-91 - Amending the Kenai Municipal Code, Title 7, Chapter 15, Section 080 Entitled, "Telephone Polls - Authority, Procedure, Recordation." 3. Ordinance No. 1448-91 - Increasing Estimated Revenues and Appropriations by $160,000 in a New Capital Project Fund Entitled "Kenai River Viewing Area." -1- 4. Ordinance No. 1454-91 - Increasing Estimated Revenues and Appropriations by $102,940 in the Marathon Road Capital Project Fund. a. Motion for Introduction b. Motion for Second Reading (Vote must be unanimous.) C. Motion for Adoption 5. Ordinance No. 1455-91 - Increasing Estimated Revenues and Appropriations by $50,000 for Removal and Replacement of Underground Fuel Storage Tanks. a. Motion for Introduction b. Motion for Second Reading (Vote must be unanimous.) C. Motion for Adoption 6. Resolution No. 91-46 - Transferring $2,524.55 in the Airport Land System for Settlement Charges and Past Due Taxes on Lot 6, Block 4, Fidalgo Commercial Center. 7. Resolution No. 91-47 - Requesting the Kenai Peninsula Borough Change and Establish the Name of Ryan's Drive to Spur View Drive Within the Kenai City Limits. 8. Resolution No. 91-48 - Transferring $5,800 in the Marathon Road Capital Project Fund for Engineer Services. 9. Resolution No. 91-49 - Affirming the Agreement of Intent Between the City of Kenai and the City of Okha, Sakhalin, USSR. 10. *Application for Restaurant Designation Permit - Kenai Golf Course Cafe, Inc. D. COMMISSION[COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of July 17, 1991. -2- F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1450-91 - Increasing Estimated Revenues and Appropriations by $895 in the Senior Citizens - Borough Special Revenue Fund. 4. *Ordinance No. 1451-91 - Increasing Estimated Revenues and Appropriations by $1,337 in the "Miscellaneous Older Alaskans Grants" Fund. 5. *Ordinance No. 1452-91 - Increasing Estimated Revenues and Appropriations by $15,705 in the General Fund as a Result of Two Library Grants. 6. *Ordinance No. 1453-91 - Increasing Estimated Revenues and Appropriations in Three Senior Citizen Funds by a Total of $4,757. 7. *Ordinance No. 1456-91 - Amending KMC 14.20.230(b)(2) Entitled, "Home Occupations." 8. Approval - Consent to Sublease/Richard I. Morgan to Kenai Golf Course Cafe, Inc. 9. Approval - Assignment of Lease/JOVA, Inc. 10. Discussion - Certificates of Family Participation & Housing Vouchers Statewide Utilization/ASHA to HUD. 11. Discussion - Scenic Viewing Additions to Kenai Flats Wildlife Viewing Area. 12. Discussion - Safety Lights for Sears Elementary School. 13. Approval - Change Order No. 1/Old Town Street Improvements - Doyle Construction. 14. Approval - Change Order No. 2/Kenai Bicentennial Visitors & Cultural Center - G&S Construction. -3- I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -4- RENAI CITY COUNCIL - REGULAR MEETING AUGUST 7, 1991 MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Measles, McComsey, Monfor, Walker, Swarner, and Smalley. MOTION: Councilman Smalley MOVED to convene in an Executive Session of the Council of the City of Kenai, concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Councilman McComsey SECONDED the motion. VOTE: Williams: Yes Monfor: Yes Smalley: Yes Walker: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. Executive Session began: 7:05 p.m. Back to Order: 8:05 p.m. Swarner: Yes McComsey: Yes Councilman Smalley reported that the Council has authorized Mr. Haggard and Mr. Graves to continue working on settlements on a couple of cases, the McLane case and the one regarding the Police Department. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: H-2, Purchase Order to Enstar Natural Gas for additional extension of gas main for new fire training center in the amount of $1,526.00. H-2, Purchase Order to Greer Tank, Inc. in the amount of. $9,900.00. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 2 I-6, KK report on Congregate Housing REMOVE: Tom Luzny, Alaska Mapping Systems/Atlas Proposition (Mr. Luzny requested to be rescheduled.) Robert Roper (Mr. Roper requested to be removed from the agenda.) ADD: Kelly Gifford, Forest Drive Park (assigned as Item B-4). ADD: Consent Agenda, Item H-15, Ordinance No. 1449-91 - Increasing Estimated Revenues and Appropriations by $1,380,000 for the SEnior Citizen Congregate Housing Project. Mayor Williams requested Council to join him in a Special Meeting on August 12, 1991 at 7:00 p.m. in the City Hall Council Chambers. The setting of the Special Meeting at this time will give the correct amount of time for advertising Ordinance No. 1449-91. MOTION: Councilman Smalley MOVED to approve the Agenda as amended and Councilman McComsey SECONDED the motion. There were no objections to the motion. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams asked if there were additional changes to the Consent Agenda. There were none. Williams stated that the Consent Agenda would stand. ITEM B: SCHEDULED PUBLIC COMMENT (10 Minutes) B-1. Karen Koester - VIP Drive/Street Upgrade Request. Ms. Koester stated that she was representing the homeowners of VIP Drive, Set Net Drive, Set Net Court and Baleen. Koester stated that there is severe flooding in those areas during the winter and breakup. Koester stated that. the flooding has been worse since the paving of VIP. The water from the VIP tends to run off onto these roads, which are not at the same grade, and KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 3 pool. Koester stated that she has spoken with City Engineer LaShot earlier in the summer. LaShot reviewed the situation and recognized it as a problem. LaShot had some gravel put in and ditching done. LaShot encouraged Koester to come to Council and request to be placed on the CIP list. Koester added that the road is a through road for traffic going to Cannery Road and is a bus route. Koester stated that the water gets very deep and it is impossible to go around the pool. Kornelis has admitted to her that City crews have pumped the areas regularly through the spring and winter. Koester stated that mail gets interrupted due to the postal services' refusal to go through the water. Koester stated that she spoke with homeowners on Bowpicker. Some have a problem, others do not. Homeowners she spoke with on Set Net Court stated that have no problem. Koester contacted all the homes on Set Net Drive. Those homeowners are all interested in pursuing an upgrade and requested that she get information regarding paving also. Ms. Koester read into the record a letter from Mr. William Popp, a resident of the area. Koester stated that they would like direction as to paving and asking to be placed on the CIP list for an upgrade of storm drains and culverts. A copy of Mr. Popp's letter was submitted to the Clerk for the record. Kornelis was directed to put together a cost estimate of the requested work. Kornelis stated that a retention basin had been placed on Bowpicker that should help the situation. Williams stated that the City Engineer will bring back information the end of November for cost of doing an upgrade so that the information will be available for discussions with the legislators. Koester was directed to speak with Finance Director Brown in regard to the necessary information needed for a petition filing for an assessment district. B-2. Mike Pelch - Reopening Old Gravel Pit/Beaver Loop. Pelch discussed his plan to reopen an old gravel pit on Beaver Loop Road. This gravel pit was used by the State twenty years ago. Pelch would like to reopen the pit to pay taxes. Pelch KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 4 stated he came to Council to ask for their consideration and get a preliminary commitment from Council. He will then come back with a formal request. Councilman Smalley stated that the appropriate avenue for such a permit is through Planning & Zoning. Pelch stated that he never used the pit. The State used it and then abandoned the pit. Williams directed Pelch to make his application through Planning & Zoning. B-3. Larry Powers - Public Works Director and Powers' Dock Project. Mr. Powers was not in attendance. B-4. Kelly Gifford - Forest Drive Park. Ms. Gifford reminded Council that she appeared before Council approximately one month ago in regard to the closing of Forest Drive Park. The Park was closed by Council. After its closure, the Chamber of Commerce came before Council and requested it be reopened. Council decided to reopen the park for tent camping only and discussed the possibility of having a camp host/hostess program. Also, a meeting was scheduled in regard to a design of work for the park. Gifford stated thatat the request to reopen the park, she stated that they would be agreeable to that if a host family would be hired and the park would get cleaned up. Nothing has been done. Gifford added that there are residents who would like to volunteer and get the work done. They need direction to do this. They would like to see the park utilized and not deteriorate any further. Kornelis stated that a plan was sent to Parks & Recreation, however they have not had a meeting as yet to discuss the project. Smalley stated that a committee that he chaired met on June 1. They met with surrounding property owners and walked the park. A plan was presented. The Council turned the project over to Parks & Recreation. Smalley believes the Council is obligated to the residents to get the improvements done. He is disappointed that nothing has been done. Smalley would like to see the City go ahead with begin. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 5 Discussion followed regarding the removal of trees and the question of erosion. Councilwoman Monfor stated that she received telephone calls from two neighbors. Monfor is very unhappy about this. Monfor stated that Council had directed Administration to do something and nothing happened. There are residents to help. Monfor stated that she walked through the park the other day and found that the signage is gone, there is garbage and the toilet facility is very bad. Monfor stated that when the Council directs something be done, it should be done. Monfor suggested that either the Commission members be changed or the Commission should be sunsetted. There are people that want to help, there is a plan, the work should be getting done. Discussion followed regarding the removal of brush, and the Big Toy. Bill Musson, Assistant Director of Parks & Recreation stated that the Big Toy was removed due to it being found unsafe by the Big Toy representative who recently went through all the City's parks and checked their equipment. Musson suggested that the park receive either a complete overhaul all at once, or work be done piece by piece. They have been waiting for the Parks & Recreation Commission to have a meeting. In the meantime, they have been doing other basic maintenance there. Kornelis stated that his crews could be available to remove some of the trees in another week. MOTION: Councilman Smalley MOVED the City proceed with the proposed planned development for the Forest Drive Park beginning with the playground section and work through the park. Councilwoman Swarner SECONDED the motion. Smalley asked if money needed to be appropriated at this time,. Williams stated that Administration should come back later with that information in order to make public aware of the fact that lots of people want the park cleared up. VOTE: There were no objections to the motion. SO ORDERED. At this time, Mayor Williams recognized Senator Paul Fischer who was in the audience. Senator Fischer spoke to Council. Fischer stated that he was pleased with the bids for the Congregate KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 6 Housing Project. Fischer stated that it was a real gamble for the City to take on this type of project. Fischer added that he promised Governors Cowper and Hickel that the City would provide the land and utilities. All the materials that they sent out stated the same. When he spoke with Governor Hickel, this was one of the selling points, although technically this does not have to be done. Williams stated that a special meeting will be held on Monday night with the entire meeting to be used to discuss the Congregate Housing Project. Williams encouraged anyone who would like to speak on the project, to come to the meeting on Monday night for that purpose. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1445-91 - Amending Title 4, Chapter 4.25 of the Kenai Municipal Code, Entitled "Uniform Plumbing Code" to Adopt and Incorporate by Reference the 1991 Edition of the Uniform Plumbing Code. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1445-91 and Councilman Measles SECONDED the motion. There were no public or Council comments. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1447-91 - Amending the Kenai Municipal Code, Title 7, Chapter 15, Section 080 Entitled, "Telephone Polls - Authority, Procedure, Recordation." MOTION: Councilman Walker MOVED for adoption of Ordinance No. 1447-91 and Councilman Smalley SECONDED the motion. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 7 There were no public comments. Councilman Measles referred to the portion stating that "at least four members of the council must participate in the vote for the poll to be valid." Measles stated that is different than for normal council votes. Was that intentional? Attorney Graves stated that this is a super majority which will not allow one council member to be contacted and make a decision. Councilman Walker stated that he believes the 2/3 majority needs to remain. The actions taken by polls are without having the public's input. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1448-91 - Increasing Estimated Revenues and Appropriations by $160,000 in a New Capital Project Fund Entitled "Kenai River Viewing Area." MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1448-91 and Councilman McComsey SECONDED the motion. There was no public comment. MOTION: Councilman Smalley MOVED to amend the General Fund figures of $67,282.26 to $88,000 (figure lines 1, 2 and 4), drop the $10,765.32 and the $9,9.52.42 and make the comment that the figures in the Whereas', third and fourth, the $10,765.32 and the $9,952.42 be used on the projects being discussed, partially in the Forest Park area, part of it, but expend those funds. Councilwoman Monfor. SECONDED the motion. Williams stated that he understands the motion to allocate more funds from the General Fund for this project, utilizing the Federal Revenue Sharing Funds and the 1974 bond funds to the park issue. Is there a time line involved with the federal funds or the 1974 bond issue funds. Brown stated no. Brown stated the 1974 bond funds should be used for major capital improvements RENAI COUNCIL MEETING MINUTES August 7, 1991 Page 8 rather than repairs. Brown stated that since the work is about 50/50 for repair and major improvements, he felt that this could be worked out. Williams asked that with the General Fund figure of $88,000 and the grant amount of $72,000.00, is it Council's intention to go beyond the 50/50% split. Brown stated that the State takes its ten percent off the top of the gross (which includes the federal monies). The City pays five percent to the State. That is why the City's share is higher than the State grant. Smalley stated that his amendment is to make some funds available for the renovation of the Forest Drive Park. Monfor stated that she agrees with Smalley 1000. The City should clean up with what it has before something new is started. Walker spoke to the amendment and the main motion. Walker also agrees with cleaning up the parks now in existence before starting something new. Walker stated that he personally does not support either the motion or the amendment because he does not want to make another park. The parks the City already has are not cared for properly. That is his opinion. Swarner asked when the total cost of the Kenai River View Area project will be known. Kornelis stated that he plans on using City crews and equipment. He will not know the cost until it is completed. He will probably start the project next Spring. MOTION: Councilman Walker MOVED to table the ordinance until it is known how much the project will cost. Councilwoman Swarner SECONDED the motion. Williams asked for a time -certain. Walker stated it is when it is known how much the project will cost. Williams stated the question regarding fund. availability for Forest Drive Park could be done with an additional motion. RENAI COUNCIL MEETING MINUTES August 7, 1991 Page 9 VOTE ON TABLE: Williams: No Walker: Yes Monfor: Yes Measles: No Smalley: No MOTION TO TABLE FAILS. VOTE ON AMENDMENT: Williams: Yes Walker: No Monfor: Yes Measles: Yes Smalley: Yes MOTION PASSED. MOTION AS AMENDED: Williams: Yes Walker: No Monfor: Yes Measles: Yes Smalley: Yes MOTION PASSED. Swarner: Yes McComsey: No Swarner: Yes McComsey: Yes Swarner: No McComsey: Yes C-4. Ordinance No. 1454-91 - Increasing Estimated Revenues and Appropriations by $102,940 in the Marathon Road Capital Project Fund. C-4a. Motion for Introduction MOTION: Councilman Smalley MOVED to introduce Ordinance No. 1454-91 and Councilman McComsey SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-4b. Motion for Second Reading (Vote must be unanimous.) MOTION: Councilman Measles MOVED for the second reading of Ordinance No. 1454-91 and Councilman McComsey SECONDED the motion. UNANIMOUS CONSENT was requested. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 10 Walker asked why there is such a hurry for the passage of the ordinance. Kornelis stated that there are two items on the purchase orders over $1,000 for a fence extension and replacement poles on the Marathon Road project. The poles need to be relocated. VOTE: There was no objection to the request for Unanimous Consent. SO ORDERED. C-4c. Motion for Adoption MOTION: Councilman McComsey MOVED for approval of Ordinance No. 1454-91 and Councilman Smalley SECONDED the motion. There were no public or Council comments. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1455-91 - Increasing Estimated Revenues and Appropriations by $50,000 for Removal and Replacement of Underground Fuel Storage Tanks. C-5a. Motion for Introduction MOTION: Councilman Measles MOVED for introduction of Ordinance No. 1455- 91 and Councilman McComsey SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI COUNCIL MEETING MINUTES August 71 1991 Page 11 C-5b. Motion for Second Reading (Vote must be unanimous.) MOTION: Councilman Measles MOVED for second reading of Ordinance No. 1455-91 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. C-5c. Motion for Adoption MOTION: Councilman McComsey MOVED for approval of Ordinance No. 1455-91 and Councilwoman Monfor SECONDED the motion. There were no public comments. Councilman Walker asked Kornelis if there is a possibility of contaminated soil. Kornelis stated that he could only make a guess. Kornelis added that the tanks were tested a few years ago. They now have to be tested again or pulled out of the ground by 1994. Soils tests will be done on the surface. Any contamination will have to be handled. DEC requires site analysis. Next year an inspector will need to be on site. Storage area will be behind the crew buildings out of the public's sight. VOTE: Williams: Yes Monfor: Yes Smalley: Yes Walker: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. Swarner: Yes McComsey: Yes C-6. Resolution No. 91-46 - Transferring $2,524.55 in the Airport Land System for Settlement Charges and Past Due Taxes on Lot 6, Block 4, Fidalgo Commercial Center. MOTION: Councilman Smalley MOVED for approval of Resolution No. 91-46 and Councilman McComsey SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 12 C-7. Resolution No. 91-47 - Requesting the Kenai Peninsula Borough Change and Establish the Name of Ryan's Drive to Spur View Drive Within the Kenai City Limits. MOTION: Councilman Smalley MOVED for approval of Resolution No. 91-47 and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There was no public comment. Councilwoman Monfor objected to unanimous consent. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: No Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED. C-8. Resolution No. 91-48 - Transferring $5,800 in the Marathon Road Capital Project Fund for Engineer Services. MOTION: Councilman Smalley MOVED for approval of Resolution No. 91-48 and Councilwoman Swarner SECONDED the motion. There were no public or Council comments. VOTE: Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-9. Resolution No. 91-49 - Affirming the Agreement of Intent Between the City of Kenai and the City of Okha, Sakhalin, USSR. MOTION: Councilman Measles MOVED for approval of Resolution No. 91-49 and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 13 There were no public comments. Councilman Smalley asked what the fiscal note will be. Williams stated that is undetermined at this time. The plan is to have the visitors housed in private homes. A production of their dancers and musicians and some from this area is planned. Cost of the tickets will help defer costs. Councilman Smalley stated that there is a proposed exchange program between Russian and Nikiski and Kenai schools. Williams stated that a committee is being formed to deal with the whole issue of Russian and Alaskan relations. This committee will be a friendship committee. However, Williams has suggested to Mayor Gilman that four subcommittees be formed to discuss art, education, science, etc. VOTE: There were no objections to the request for unanimous consent. SO ORDERED. C-10. Application for Restaurant Designation Permit - Kenai Golf Course Cafe, Inc. Approved by consent agenda. ITEM D: COMMISSIONLCOMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner stated that the minutes are in the packet. They are all happy with the bids on the Congregate Housing. D-2. Airport Commission Councilman Measles stated a meeting will be held August 8, 1991. Williams reported that the T-33 project is coming along. Walker stated that he has located the requested pipe and it will be donated and delivered. D-3. Harbor Commission Councilman Walker stated that there was no meeting. The next meeting is scheduled for Monday, August 12, 1991. KENAI COUNCIL MEETING MINUTES August 71 1991 Page 14 D-4. Library Commission Councilwoman Monfor stated that there was no meeting. The summer reading party was given for the children involved in the program. 170 children completed the program. There will be a Library Commission meeting in September. Also, Magadan wants to be Sister Library. D-5. Parks & Recreation Commission There was no meeting. Mayor Williams stated that there is a vacancy on the Commission. An application for placement on that Commission has been submitted by Kelly Gifford. Williams requested Council's approval of the placement of Gifford to the Commission. MOTION: Councilman Measles MOVED for approval of the placement of Kelly Gifford to the Parks & Recreation Commission. Councilman McComsey SECONDED the motion. There were no objections. SO ORDERED. Clerk Freas was directed to send an appointment letter. D-6. Planning & Zoning Commission Councilman Smalley reported that the minutes of the last meeting were included in the packet. Smalley added that the Commission approved a B&B on Set Net; a home occupation permit for Discovery Toys; and the placement of a retaining wall/landscape wall in Townsite Historic. There was also discussion regarding a B&B on Barabara Drive. P&Z reconsidered and voted approval. City Manager Brighton has since countermanded that approval. Smalley stated he believes the question will come before Council in the near future. Smalley stated that there was also discussion regarding the amount and speed of traffic near the Orthodox Church and the art gallery. Also, there was discussion of a suggestion that the City talk with the Church and the City get title of the road property so that it can be maintained. These items of concern were passed on to City administration. Williams stated that he would like to have the City discuss this with the Bishop in order that the road can be paved and the City KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 15 obtain a proper right of way. The public does not understand that the property does not belong to the City. It is private property. The City does lots of work on the road and receives a lot of criticism. MOTION: Councilman Smalley MOVED that Bill Brighton and City Administration contact the Church in Anchorage to see if there is a possibility of getting this done. Councilwoman Monfor suggested Administration contacts the Church in Kodiak. Smalley corrected his motion to state they contact Kodiak. Councilman McComsey SECONDED the motion. Councilman McComsey suggested that if this suggestion does not work out, then the City should stop any of the maintenance it does and leave it alone. Williams agreed. There is a tremendous liability to the City when it does work in there. Smalley stated that this will put the Church in the position that they will have to do something. Other people will be without road service. It should be explained to the Bishop about the potential liability to the City. Walker stated that he tends to agree, however, those people are entitled to fire service. If the road is not kept open, the fire service may be hampered. Williams stated that adds fuel to the discussion that something has to be done. Something official needs to be done to make it legal. VOTE: UNANIMOUS CONSENT was requested. There were no objections. SO ORDERED. Steven Peloza, 514 Overland Drive, Kenai, AK. Peloza stated that there are major speeding problems, twenty-four hours a day along the road in front of his business and the Orthodox Church. Also, the road is very dusty. He has complaints every day. Peloza believes that something needs to be done and immediately, not when just convenient. Smalley stated that the City cannot post the road because it is not City property. Williams added that the Church needs to be requested to close off the road or monitor. Smalley added that RENAI COUNCIL MEETING MINUTES August 7, 1991 Page 16 with the last motion, the City will attempt to contact the Bishop. Hopefully, the City will get a maintenance agreement or ownership. D-7. Miscellaneous Commissions and Committees No reports. ITEM E: MINUTES Regular Meeting of July 17, 1991. Approved by Consent Agenda. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills. Councilman McComsey SECONDED the motion. There were no objections to the motion. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilman 1,1easles MOVED to approve the purchase orders exceeding $1,000 and to include the adding of the purchase order to Enstar in the amount of $1,526 and to Greer Tank, Inc. in the amount of $9,900.00. Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 17 Councilman Walker objected to the purchase order for the 20x scope on a metal base to be placed at the boardwalk. Walker stated that there will be little monitoring of the equipment and would be a prime spot for vandalism. Kornelis stated that at Item H-11 there is a explanation of the item. The City is able to get the scope at the State rate due to the City piggybacking a State bid. Kornelis stated that with this purchase, the project will close using all the grant funds. Smalley stated he agreed with Walker regarding the opportunity for vandalism, however, it is not coin operated, and so would have little desire to be vandalized. Smalley will support the purchase. VOTE: Williams: Yes Monfor: Yes Smalley: Yes MOTION PASSED. Walker: No Measles: Yes Swarner: Yes McComsey: Yes H-3. Ordinance No. 1450-91 - Increasing Estimated Revenues and Appropriations by $895 in the Senior Citizens - Borough Special Revenue Fund. Approved by Consent Agenda. H-4. Ordinance No. 1451-91 - Increasing Estimated Revenues and Appropriations by $1,337 in the "Miscellaneous Older Alaskans Grants" Fund. Approved by Consent Agenda. H-5, Ordinance No. 1452-91 - Increasing Estimated Revenues and Appropriations by $15,705 in the General Fund as a Result of Two Library Grants. Approved by Consent Agenda. H-6. Ordinance No. 1453-91 - Increasing Estimated Revenues and Appropriations in Three Senior Citizen Funds by a Total. of $4 , 75 7 . Approved by Consent Agenda. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 18 H-7. Ordinance No. 1456-91 - Amending KMC 14.20.230(b)(2) Entitled, "Home Occupations." Approved by Consent Agenda. H-8. Approval - Consent to Sublease/Richard I. Morgan to Kenai Golf Course Cafe, Inc. Attorney Graves stated that the consent form is like the City's Consent to Assignment. Smalley asked if the allowance of this sublease would in any way make the City liable if there is an accident. Graves stated that he does not believe so. There is always a possibility that the City could be sued, however, he does not think there will be any liability. MOTION: Councilman McComsey MOVED for approval of the Consent to Sublease and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H-9. Approval - Assignment of Lease/JOVA, Inc. MOTION: Councilman Smalley MOVED for approval of the Assignment of Lease and Councilman Walker SECONDED the motion. There were no objections. SO ORDERED. H-10. Discussion Certificates of Family Participation & Housing Vouchers Statewide Utilization/ASHA to HUD. Williams stated that this is a normal request. It does not have anything to do with the purchase of ASHA housing. Smalley asked if there is any fiscal note regarding taxes, etc. Williams stated that the tenant. still needs to be responsible for the taxes. Walker stated that he thought there was a limit to this kind of housing. Williams stated no. Walker is thinking of the CIHA purchase of houses from HUD. This allows more housing that the tenant pays a part of the rent and HUD pays one-half the rent. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 19 MOTION: Councilman McComsey MOVED to send a letter to HUD with the appropriate information and Councilman Smalley SECONDED the motion. McComsey asked if not sending the letter would do anything. Brown stated that it is a federal requirement that HUD needs this letter from the municipality. VOTE: There were no objections to the motion. SO ORDERED. H-11. Discussion - Scenic Viewing Additions to Kenai Flats Wildlife Viewing Area. Discussed at H-2 and approved. H-12. Discussion -- Safety Lights for Sears Elementary School. MOTION: Councilman Measles MOVED that the advice set out in Keith Kornelis' memorandum of August 1, 1991, included in the packet, and send it back to the Borough. Councilwoman.Monfor SECONDED the motion. Councilman. Smalley stated to add that there are other areas of liabilities to be concerned with at Mt. View, KCHS and the Middle School. VOTE: There were no objections to the motion. SO ORDERED. H-13. Approval - Change Order No. i/Old Town Street Improvements - Doyle Construction. MOTION: Councilman Measles MOVED for approval of Change Order No. 1 to Doy:1e Construction crediting the contract price by $12,477.00. Councilman Smalley SECONDED the motion. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 20 There were no public comments. Measles asked Kornelis what were the big credits from under "Deduction for Quantity Underruns- Miscellaneous Quantities." Kornelis explained that the credit was due to an over -estimation of excavation and backfill. This Change Order will close out the job. VOTE: Measles requested UNANIMOUS CONSENT. Councilman Walker objected. Walker had questions regarding the "repair of water service... water service was damaged prior to the beginning work on the project." There was no explanation for those. Also, even though the project came under budget, it appears that the City is paying for some extra adjustment of forms, etc. He does not support the change order. Williams: Yes Monfor: Yes Smalley: Yes MOTION PASSED. Walker: No Swarner: Yes Measles: Yes McComsey: Yes Williams asked Administration whether the credit on this project are some grant monies. Answer, yes. Williams asked if there is a potential that some of these monies could be used in something like the VIP repair project. Kornelis stated that it could be used anywhere. Kornelis added that all the funds that were in jeopardy of losing have been used. Brown stated that he has not done a final report, but that he believes there will be approximately $25,000 left. H-14. Approval •- Change Order No. 2/Kenai Bicentennial Visitors & Cultural Center - G&S Construction. MOTION: Councilman Smalley MOVED for approval of the Change Order No. to G&S Construction for the Kenai Bicentennial Visitors & Cultural Center. Councilman McComsey SECONDED the motion. Councilwoman Swarner stated that the change order includes a request to use antique bronze hardware instead of satin chrome. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 21 MOTION: Councilwoman Swarner MOVED to delete the request for antique bronze hardware and Councilman Walker SECONDED the motion. Councilman Walker stated that he believes it a point of order that the request to change the hardware from satin chrome to antique bronze because this request came before the Council once before and it was ordered down. Kluge stated that the reason for his request for reconsideration was that the building committee was disappointed that it was not approved before. This is the last chance to make a change for this hardware. Kluge stated the antique bronze hardware would make a much nicer finished project. Kluge added that he thought with the credit on the earthwork, Council might reconsider its initial rejection. Williams stated that in looking at the overall quality of the project, he would vote in approval of the change order. Williams thinks it is a recognition to the contractor that there is a credit. With changing the hardware, there will still be a credit to the project. McComsey stated that he will support the change order. McComsey stated that he hates change orders, however, this will be an enhancement to the project. Walker stated that as a point of order, he questions the request being before Council again. There was no motion for reconsideration. Williams stated that discussion of the motion was part of the previous discussion. Williams ruled to discuss and vote again. VOTE ON THE AMENDMENT TO DELETE: Williams: No Walker: Yes Swarner: Yes Monfor: No Measles: No McComsey: No Smalley: No MOTION FAILED. RENAI COUNCIL MEETING MINUTES August 7, 1991 Page 22 VOTE ON MAIN MOTION: Williams: Yes Monfor: Yes Smalley: Yes MOTION PASSED. Walker: No Measles: Yes Swarner: No McComsey: Yes R-15. Ordinance No. 1449-91 - Increasing Estimated Revenues and Appropriations by $1,380,000 for the Senior Citizen Congregate Housing Project. Approved by Consent Agenda. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Williams reported that the Bicentennial Visitors & Cultural Center Board of Directors has requested to have a joint work session with Council regarding the future of their organization. They are requesting the work session be set for early September. A Joint Work Session was set for 7:00 p.m., September 12, 1991 in the Council Chambers. Williams requested permission from Council to travel to Washington, D.C. with Mayor Gilman to discuss the Cold Water Helicopter Recovery School with Senator Stevens. Airfare should be about $700.00, plus hotel expenses. The meeting will be to set the final ground work prior to the federal government setting their final budget. MOTION: Councilman Smalley MOVED for approval of the travel and Councilman Measles SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-2. City Manager No report. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 23 I-3. Attorney No report. Smalley referred back to the request for the Mayor's travel. Smalley indicated that per diem and hotel costs are included. I-4. City Clerk Reminded Council of the Work Session scheduled for August 8, 1991 at 7:00 p.m. in the Library Conference Room. Topic to be discussed is the Comprehensive Plan. Councilwoman Swarner stated that she would not be able to attend. Williams reminded Council that there is a Work Session scheduled for August 20, 1991 with Carrs. I-5. Finance Director No report. I-6. Public Works Director Kornelis reported the following: 1. A DEC grant was received for the amount of $250,000 to be used toward the STP disinfection project. Kornelis is completing the paperwork for acceptance of the grant. 2. There are additional costs for rebar in the contact retention basin of the STP project. This needs to be done. This was not a contractor error. There was a discrepancy in the drawings. The error could cost from $1,000 to $5,000. Williams asked if the discrepancy can be referred back to CH2M-Hill. Kornelis stated that he will contact them for the exact story. Kornelis needs direction whether to go ahead or not. Waiting will cost more for holding up the contractor. The discrepancy was verified by the engineers and inspector. Walker stated that he does not like his hand being forced. Can the contractor get another kind of rebar. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 24 MOTION: Councilman Smalley MOVED that the City attempt to correct the problem with a not -to -exceed amount of $5,000 and Keith Kornelis find out where the liability lies and see if a claim needs to be pursued. Councilman Measles SECONDED the motion. Swarner stated that she would like to see a report at Monday night's meeting. McComsey asked what if $5,000 does not cover the cost. Kornelis stated that he would come back to Council. Williams stated that this is an advisory situation. Kornelis can give a written report on Monday. Kornelis stated that the contractor believes it will be enough. The cost of stopping the contractor would be tremendous. Walker suggested to ask the contractor while costs would be more expensive. Perhaps he made a mistake in his purchase of material. Kornelis stated that he and Bill Nelson (the engineer) will do what is the best and cheapest for the City. VOTE: Williams: Yes Monfor: Yes Smalley: Yes Walker: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. Swarner: Yes McComsey: Yes 3. Kornelis is looking into a purchase of a power generator for the STP to handle power there due to Code requirements. He will bring the information to Council at the next meeting. 4. Kornelis reported that the Visitors and Cultural Center is ready to pour the concrete slab. The project is going along very well. 5. Kornelis reported that the Marathon Road project is ahead of schedule. 6. Kornelis reported that the Granite Pt. project is going well. 7. Kornelis reported that at Item I-6 in the packet is a report regarding the Congregate Housing Project. The last page suggests those items that need to be included on the agenda for KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 25 the special meeting. Purchase orders will be included for the relocation of a power pole and for service to the building. Costs of gas service, etc. should be addressed at the special meeting. Kornelis introduced Mr. Lee Petersen of Gaston & Associates who was in the audience. Williams apologized to Mr. Petersen that there was no discussion regarding the project tonight. Discussion will be held on Monday. Mr. Petersen stated that he came to investigate the potential problem regarding the non- responsive bid questionnaire. Petersen added that he stated to Kornelis that this informality should not stop the award of the project. Williams stated that any pertinent information regarding the award of the bid, etc. should be brought to Council on Monday night. Councilwoman. Swarner asked if all the street lights have been installed. Kornelis he last heard that HEA was waiting on fixtures for three poles. He will check on them. Councilman Measles stated that the street light at the corner of Pine and Maple is still leaning. Kornelis stated that he had reported it to HEA and will do so again. I-7. Airport Manager 1. Airport Manager Ernst reported that the pay parking in the long-term parking lot will begin on August 16. Ernst also reported that a Miss Elaine Pruitt, who believes it will be cheaper for her to drive to Anchorage, objects to it. Ernst reported that lie has been advertising the pay parking in the Clarion, Times, and News and put out 200 fliers on vehicles at the airport,. The drop boxes are installed. He has had many requests for pay parking yearly permits. Ernst stated that he has no objection to these requests, but requires direction from Council. Ernst suggested a cost between $200-$275. Council set a yearly permit cost to be $250.00. Ernst added that signs have been placed in the long-term parking area. Also, signs will be placed in the short-term parking area specifying that no park:Lng will be allowed between 3:00 a.m. and 4:30 a.m. ail.. year around. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 26 Walker asked if there will be pay parking across the street. Ernst stated that lot will be closed. Ernst added that he will have the permit holders to park separately from the other long- term parking patrons. Williams stated that he has discussions with a person who is interested in have a free enterprise pay parking lot. 2. Ernst reported that he submitted the grant documents for the acquisition of the Float Plane Basin. Ernst added that the bid has gone out for a snow removal sweeper. This may have to be rebid. The City would like to use the higher bidder. 3. Ernst reported that he has submitted the paperwork to purchase a crash safety truck as an alternative to the drainage and safety zone project which got tangled in an environmental assessment. Ernst received word today for a tentative approval of the $328,000 purchase of the truck. The City is not in jeopardy of losing carry-over funds. 4. Ernst reported that the FAA .is putting pressure on him to resolve the problem with the gates and the moose getting on to the airport area. Ernst suggested placing four electrical gates on the east side of the airport to resolve the problem. This would eliminate 30 other. gates. The other gates should then be locked and the electrical gates used for entry to other areas. Ernst suggested placement of electrical gates to be at the North End Fire Entrance, Granite Point, Road by the Ballfields and possibly one at the tower. The estimated cost would be $80,000 for four gates, which would include the fence relocations, etc. Ernst stated he is investigating a cantilever gate instead of a rolling gate. Ernst stated that the gates could be changed to key card or computer. Walker asked if :it would be better to do punch button from the start. Ernst stated that there is problem with how to monitor use. Ernst will do a report when more information is known. Ernst stated that he will have to have a public meeting with the FBO's. Some will not like it. They are not used to single access. Ernst stated that there are 54 gates around the airport now. Measles stated that he sees no reason for all those gates and that the operators can use one gate. Ernst agreed. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 27 ITEM J: DISCUSSION J-1. Citizens Blake Johnson - Spoke regarding the Congregate Housing bid and the discrepancy in Gaston's bid. There may be other discrepancies. Johnson suggested that a legal opinion may be needed. There were no questions from the Council. Keith Kornelis - Requested Council to determine whether the new sidewalks at the Memorial Park can be opened for purchase of memorial placement spots. At this time, Parks & Recreation desire to sell the remaining spaces in the area now in use. Kornelis is requesting this determination for Mr. & Mrs. Baldock. MOTION: Councilman Smalley MOVED for the new sidewalk spaces to be available for sale and Councilwoman Monfor SECONDED the motion. Smalley asked if there is a policy that states this. Councilman Measles stated that Council discussed this when the request for new sidewalks came before them and made that determination at that time. VOTE: There were no objections to the motion. SO ORDERED. Jeff Mallette - Stated that he wanted to discuss the unlawful and illegal election going on. Mallette referred to KMC 6.10.010 regarding filing for office. Mallette read into the record KMC 6.1.0.010. Mallette read into the record the Charter section regarding residency requirement. Mallette stated that he did not believe the nominating petition could be changed by the Clerk without Council approval. Mallette believes the election so far is null and void and .it should start over. Williams stated that if Mallette had questions or complaints, they should be put in writing and directed to the City Attorney. Mallette stated that he will be at an ex parte hearing in Anchorage Federal Court on Monday morning regarding this. KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 28 J-2. Council Smalley stated he has received complaints regarding the lack of fencing at the school ballfields and the amount of dust flying when the wind blows. Smalley also stated that the Borough be contacted regarding the piles of contaminated soil behind the elementary school under tarps. It needs to be removed. Smalley also reported that the markers along the golf course have been knocked down. Smalley stated that Parks & Recreation should be given a beautification award for their planter boxes throughout the City. Smalley referred to the remarks made by Senator Fischer in that the State of Alaska does not always do with its budget like it says it is going to. The Senator's comments should be taken with a grain of salt regarding how to distribute the funding. McComsey - Requested Bicentennial pins for awards at the Men's "C" League state tournament to be held in Kenai over the weekend. Clerk will issue some pins. Measles - No report:. Monfor - No report. Swarner - Reported that there is a sightseeing tour in town. Walker - No report. ITEM K: ADJOURNMENT The meeting adjourned at 11:00 p.m. Minutes transcribed by: Carol L. Freas, City Clerk (8/13/91) AGENDA KENAI CITY COUNCIL - SPECIAL MEETING AUGUST 12, 1991 A. CALL TO ORDER 1. Pledge of. Allegiance 2. Roll Call 3. Agenda Approval B. PUBLIC HEARINGS 1. Ordinance No. 1449-91 - Increasing Estimated Revenues and Appropriations by $1,380,000 for the Senior Citizen Congregate Housing Project. 2. Resolution No. 91-50 - Awarding a Contract for the Inspection/Construction Management to Livingston/Slone on the 40-Unit Kenai Congregate Housing and Site Work for a Not -to -Exceed Amount of $189,789 and on the FAA Road Improvement for a Not -to -Exceed Amount of $28,132. 3. Resolution No. 91-51 - Awarding a Contract for the Construction of Kenai Congregate Housing to Gaston & Associates for the Total Construction Amount of $3,806,513.00 Which Includes the 40-Unit Congregate Housing, Site Work, and FAA Road Improvements. C. NEW BUSINESS 1. Purchase Orders Exceeding $1,000 D. KENAI CITY COUNCIL - SPECIAL MEETING AUGUST 12, 1991 JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:05 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Monfor, Swarner, Williams, Measles, Walker and McComsey arrived at approximately 7:15 p.m. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: Info 4, 8/9/93_ letter from James D. Prill, Treasurer of Dawson Construction Company regarding the Congregate Housing Project bid award. Info 5, 8/12/91 C.R. Graves memorandum to Council regarding the compliance of bid documents. Info 6, 8/9/93. Thomas W. Livingston, Principal, Livingston/Slone recommending the award of the construction contract to Gaston & Associates. MOTION: Councilman Smalley MOVED for approval of the agenda as amended and asked for UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: PUBLIC HEARINGS B-1. Ordinance No. 1449-91 - Increasing Estimated Revenues and Appropriations by $1,380,000 for the Senior Citizen Congregate Housing Project. MOTION: Councilwoman Monfor MOVED for adoption of ordinance No. 1449-91- and Councilman Smalley SECONDED the motion. There were no public or Council comments. KENAI CITY COUNCIL SPECIAL MEETING AUGUST 12, 1991 PAGE 2 MOTION: Councilman Measles MOVED to amend Ordinance No. 1449-91 by replacing it in its entirety with the proposed Supplement No. 1 Ordinance No. 1449-91 which was included in the packet. Councilwoman Swarner SECONDED the motion. Mayor Williams stated that the Supplement No. 1 ordinance is consistent with his discussions with Representative Navarre regarding the reallocation of funds during next year's legislative session. The purchase of the land falls within the responsibility of the General Fund. VOTE ON AMENDMENT: Councilman Measles asked for UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON MAIN MOTION: Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. B-2. Resolution No. 91-50 - Awarding a Contract for the Inspection/Construction Management to Livingston/Slone on the 40-Unit Kenai Congregate Housing and Site Work for a Not -to -Exceed Amount of $189,789 and on the FAA Road Improvement for a Not -to -Exceed Amount of $28,132. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 91-50 and requested UNANIMOUS CONSENT. Councilwoman Monfor SECONDED the motion. There were no objections to the request for unanimous consent. SO ORDERED. KENAI CITY COUNCIL SPECIAL MEETING AUGUST 12, 1991 PAGE 3 B-3. Resolution No. 91-51 - Awarding a Contract for the Construction of Kenai Congregate Housing to Gaston & Associates for the Total Construction Amount of $3,806,513.00 Which Includes the 40-Unit Congregate Housing, Site Work, and FAA Road Improvements. Kornelis was asked if Schedule B includes water and sewer. Kornelis stated that yes, it includes everything. MOTION: Councilman Measles MOVED for adoption of Resolution No. 91-51 and Councilwoman Swarner SECONDED the motion. Public Comments: Allen Butte, Lamplight Road. Butte stated that it looks like the contractor went shopping after bidding the contract to get another plumbing contractor. The paperwork was not completed as it should have been. Butte stated that the bid should be thrown out and the next lowest bid should be awarded the contract. Councilman McComsey arrived at 7:15 p.m. Councilman McComsey stated that any general contractor can get any subcontractor after a bid. That is legal and is done all the time. Blake Johnson, Laborer's Local Union No. 341. Mr. Johnson stated that he spoke to the Council at their last meeting. Johnson staged that not all the documents were included in the (Gaston & Associates) bid. Where is the line drawn. The questionnaire, which was omitted, was listed in the packet of items required. Johnson questioned what else is missing in their bid. There was a problem with the plumbing contract. The bid was ten percent lower than G&S Construction's bid. Will Gaston cut corners to do the bid. These questions should be looked at real hard. Johnson questioned Gaston's statement that they would be bringing a former resident of Soldotna back to do the work. What about the people that have been in this area all this time that need to be working. Johnson stated that anywhere else, this bid would have been turned out immediately if a document was missing. Johnson questioned the Late submission of the Power of Attorney. Johnson stated that if the City goes ahead with accepting and KENAI CITY COUNCIL SPECIAL MEETING AUGUST 12, 1991 PAGE 4 awarding this bid, contractors may not be wanting to bid on the court house project. Johnson stated that this is not a union/non-union problem. Bill Shank, Nikiski. Shank stated he agrees with Johnson. In other towns the letter of the law must be followed. There was double language. The bidders' list had about 30 contractors. The City had three contractors bid the job. This should mean something. There were many that did not bother to bid either because of the bad reputation or they thought there was not enough money. Local hire is very important. Shank referred to letters of protest from other contractors. A decision must be made and draw the line. Mayor Williams stated his concerns with awarding the bid to Gaston & Associates. Williams stated that his concerns primarily revolve around the fire protection and plumbing contractors' bid. The plumbing contractor has stated his desire in not wanting the contract. Williams does not believe the City has a problem with switching contractors. Will there be another omission in the bid? Williams believes there are too many unanswered questions for him and will not support Resolution No. 91-51. Councilman McComsey asked City Attorney Graves what the legal ramifications would be with the omission. Does it make the bid null and void? Graves stated that according to the Kornelis memorandum of 8/7/91, the bid instructions were contradictory. Given that fact, allowing two options, compliance with either option would be satisfactory. Councilman Walker asked Attorney Graves if there is a chance of a lawsuit if the award would go to the next higher bid. Graves stated that courts have largely held that an award of damages is the cost of the bid preparation. Williams asked Kornelis if the other contractors have mentioned what their costs were for bid preparation. Kornelis stated no. McComsey asked if there should be something in writing stating that Gaston will not charge the City more later for his omission. Rornelis stated that Gaston's letter explained it very well. Gaston will put in the sprinkler system using Redoubt Plumbing. The amount for the sprinkler system is $22,000. Even with that KENAI CITY COUNCIL SPECIAL MEETING AUGUST 12, 1991 PAGE 5 amount added to his bid., Gaston would still have been the low bidder. However, Gaston will absorb the $22,000. This was discussed with Norm's Plumbing. Kornelis added that there is nothing in the documents that state the City must take the subcontractors on the list. The general contractors are not required to use that list of subcontractors. There will be no extra cost to the City regarding the sprinkler system. Williams stated other concerns. Will this mean $22,000 less quality work and if this is the beginning of a major contract will there be other errors later. Measles stated that is why the City is paying Livingston/Slone. They will look out for the City's interests. Williams stated that they will be back for cost overruns, etc. Williams stated to Mr. Peterson (Gaston & Associates representative in the audience) that the Council has a reputation about getting mean about cost overruns, etc. They will be looking very closely at any requests for changes. Williams stated that he is very uncomfortable with this. VOTE: Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: No Smalley: Yes Williams: No MOTION PASSED. ITEM C: NEW BUSINESS C-1. Purchase Orders Exceeding $1,000 MOTION: Councilman Measles MOVED for approval of the purchase order to Homer Electric Association, Inc. in the amount of $50,000 and Councilman Smalley SECONDED the motion. Kornelis stated that this cost is a estimation made by HEA. McComsey asked if it is a not -to -exceed amount. Kornelis stated KENAI CITY COUNCIL SPECIAL MEETING AUGUST 12, 1991 PAGE 6 that it includes relocating poles and putting in underground service. Three poles must be abandoned. The underground service will start from the Frontage Road pole. VOTE: Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. Swarner introduced Mr. Livingston who was in the audience. Swarner stated that the Design Committee had made some suggestions earlier in the day regarding changes. Livingston stated the estimated cost of the project and the bid amounts were largely different. They have worked hard to keep the price down. Now the City is in a position of having additional funds available from the grant. Today when the Design Committee met, they discussed some items that they would like to suggest be added back into the project. Mostly for longevity and maintenance. One suggestion is changing the siding to cedar to match that of the Senior Center. That can be proposed at some other date. Williams stated that it is his intention to work with the legislature to appropriate any money left from this project to Thompson Park for water and sewer. The Congregate Housing Project cost was an extra year in planning because of the error made by their estimator. Williams stated that he is highly disturbed about this. Williams stated that he is not ready now or prepared to talk about extras at this time. MOTION: Councilman Measles MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters the immediate knowledge of which would clearly have an adverse affect upon the finances of the City of Kenai. Measles requested that Attorney Graves be included. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. EXECUTIVE SESSION BEGAN: 7:40 P.M. COUNCIL BACK TO ORDER: 8:02 P.M. KENAI CITY COUNCIL SPECIAL MEETING AUGUST 12, 1991 PAGE 7 Councilman Measles reported that Council discussed strategy of a lawsuit and gave Attorney Graves instructions on how to proceed. ITEM D: ADJOURNMENT The meeting adjourned at 8:03 p.m. Minutes transcribed by: Carol L. Freas, City Clerk (8/14/91) x s_ it � M S K K # t•-] -] �� c J o o 0 C.7 r x K K K k r M M k M U] w W w a a M u] (7 C.•J E -. F M Pq � � H ✓•. C U C') R. K a J V] VJ E 0 [zl a E~ID N C:l H .=C 1- • •r. c] .� vi t CJ 0 f.- .�C cJ w r� .d x [� o R:z n � w ! �] c_J tT ♦l -1 t I.]a• K « _ O M w N K N � ♦[ K Fza Lsa M � r-a - • H tY ct.. N nC - w w ix] 1•a [� x • � .-7 I. z] L !-+ l:.) C_J [�.: [�] .. •�. f-). Lid L>C Cza C.J CJ] w� I .rJ rr) 1-4 w ♦ I LJ: =. fz: 1'J rrl I 1 ' PURCHASE ORDER Wf-C E VENDOR GOLDENROD ACCOUN11W1 CANARY ACCOUNTING BLUE - SHIPPING & RECEIVINC: GRUN APPROVED COPY PINK - REQUISITIONER CITY OF KENAI 210 FIDALGO ST. PHONE 283.7538 KENAI, ALASKA 99611 VENDOR NO _10097 Homer Electric Association TO Poucrl 5280 Kenai, AK 99611. CHASE u No. --- - i Date 8/21/(.al SHIP VIA BY FINAN('F 11IRF-i P )FUV9-RV DAZE f O B PREPAY SHIPPING CHARGE DER pUC1IAilON PURCHASES AUTHORIZED ONLY WHEN SIGNED 4ESOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT EM NO, DESCRIPTION OR ARTICLE QUANTITI' O ORDERED D UNIT UNIT PRICE AMOUNT '..?rovide electrical power service to ..lift Station on Marathon Road 335.00 TOTAL 7335.00 7q-7. 6) .V09F�I 7335.p0 For Council 8/21/91 i mmo �� l Dear: Homer EIectrlc Associatl(`1 Pouch. 5280 Kenai, AK 096L1 Phone fir}FMber At your request, we 'have inspected the electrical at. Pole No. F'5- and offer t'fie following quotation of co-ts to provide the changes you desire. Ther cInanges are: The cos-1 to you do c�)F above will be S 7, -3 00 and i=, based upon our completing the work in one trip. This quo:;! :).oc i�: valid for 90 days .`ram .ibovr-t date. if you wist-, to;z >reed, please r. si in t',.e space provided at t'rte bottom of the .s letter. The _ , �-, ��. Requested By: — TO: Homer Electric Association, Inc. Pouch 5280 Kenai, AK 99611 men: Sincerely yours, HOMER ELECTRIC ASSOCIATION, INC. Enclosed tlexe is remittance in Lhe nt of S_ wiiicti is required for do be wo tlined above. Please consider thLs your notice to proceed Sincerely T �w 1, --- ` y cu i t I .SJ L"' P "? � u � - � l l r C"' *'/ - . C0STQU0T.CSR:ss Suggested by: City Counc CITY OF KENAI ORDINANCE 1446-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI MUNICIPAL CODE, TITLE 7, CHAPTER 25, SECTION 090 ENTITLED "WHEN VOTER RATIFICATION REQUIRED FOR USE". WHEREAS, KMC 7.25.090 currently requires expenditures in excess of $1,000,000.00 for capital projects to be approved by a vote of the people when such expenditures are made from the capital improvement reserve; and WHEREAS, it is in the best interest of the people of the City of Kenai that expenditures, excluding government grants and amounts to be reimbursed from benefitted properties, for capital projects from the capital improvement reserve in excess of $500,000 be approved by the voters. NOW, THEREFORE, BE I`I' ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code, Title 7, Chapter 25, Section 090, entitled "When Voter Ratification Required For Use" be amended as set forth below. 7.25.090 When Voter Ratification Required for Use: No capital project approved by Council which requires municipal financing (excluding government grants and amounts to be reimbursed .from benefitted properties) to be paid from capital improvement reserve monies in excess of [$1,000,000] $500,000 shall be contracted unless desirability of such project is ratified by the voters at a general or special election. PASSED BY THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA this 28th day of August, 1991. ATTEST: CAROL L. FREAS, CITY CLERK JOHN J. WILLIAMS, MAYOR Introduced: August 21, 1991 Adopted: August 28, 1991 Effective Date: September 28, 1991 INITIATIVE I^e um7ecs fined to piace _i ballot in�tiatve at the next City electjc'Nwhich would reduce the tiyure in th,paragraph be -ow from $1,000,ii00 to $SU,000. .25.090 when Vol or R,itifi("at,on Required far Use: N,: pro ect. approves: by *ouncil which requires municipal f nancinq (ercludinq government grants and amounts to be reimbursed tarn benefited pr,pert:es; to b— p,iid from Capital Improvement R,serve ror.ies in excess of $1,;00,000 shall be contracted ur;less ti,e desirabiiitv of such pLojec' is ratified by the voters at a g� neral or spec,.ai. eloctior. (i)rd 793) AFFIDAVIT I, _ _ swear that each of the signers who signed this petition, signed it in my presence, that I believe that each has stated his name and address correctly, and that I believe each signer is a qualified voter of the City of Kenai. Signature Date 1 �� Suggested by: Administration City of Kenai ORDINANCE NO. 1457-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,123 IN THE GENERAL FUND FOR LIBRARY MATERIALS. WHEREAS, the United States Department of Education has awarded the City of Kenai, in conjunction with the Kenaitze Indian Tribe, a grant in the amount of $5,123 to purchase library materials related to Alaska natives and their cultures, and WHEREAS, this federal gran-: is non -matching and represents 100% of the cost of the project. NOW, THEREFORE, BE IT ORDACNED BY THE: COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as fellows: General Fund Increase Estimated Revenues: Federal Library Gram_ $ 5,123 Increase Appropriation;3: Library - Books and ether library materials $ 5,123 PASSED BY THE COUNCIL, OE' THE CITY OF KENAI, ALASKA, this 4th day of September, 1_991.. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 21, 1991 Adopted: September 4, 1991 Effective: September 4, 1991 Approved by Finance: (8/14/91) k1 Suggested by: Administration CITY OF KENAI ORDINANCE 1458-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $120,000 IN THE GENERAL FUND TO SETTLE LITIGATION. WHEREAS, the City of Kenai and Vesta Leigh have tentatively agreed to settle litigation referred to as Superior Court Case No. 3KN-88-245 CI.; and WHEREAS, it is in the best interest of the City of Kenai to settle the above litigation; and WHEREAS, the settlement is subject to this appropriation of the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $120,000 Increase Appropriations: Non -departmental - claims & judgments $120,000 PASSED BY THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of September, 1991. JOHN J..WILLIAMS, MAYOR ATTEST: CAROL L. FREAS, CITY CLERK Introduced: August 21, 1991. Adopted: September 4, 1991 Effective Date: September 4, 1991 Approved by Finance: (8/14/91) — dc Suggested By: Planning & Zonin( CITY OF KENAI ORDINANCE NO. 1459-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.180 ENTITLED "VARIANCE PERMITS." WHEREAS, KMC 14.20.180 refers to permitting processes to obtain a Variance Permit; and, WHEREAS, the Variance permitting process requires a Public Hearing pursuant to KMC 14.20.280, and the City incurs advertising and notification costs in regards to the public hearing; and, WHEREAS, a $100.00 non-refundable fee is reflected in the permit application to cover notification costs, but has been omitted in KMC 14.20.180; and, WHEREAS, KMC 14.20.180 should be updated to reflect the $100.00 non-refundable deposit/advertising fee to provide consistency and clarification in the permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: KMC 14.20.180 be amended as follows: 14.20.180 Variance Permits: (a) Intent: A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. (b) Permit Application: An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concern. (l) The application shall contain the following: [A] A legal description of the property involved; fB] Plans showing the location of all existing and proposed buildings or a alterations, elevations of such buildings or alterations, and such data as may be required. ici A non-refundable deposit/advertising fee of 100.00. (c) Review Criteria: The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. Page 1 of 2 (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. (3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. (5) The granting of a variance shall not be based upon other non -conforming land uses or structures within the sale land use or zoning district. (d) Public Hearing: The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of this chapter. The applicant shall be required to pay a $100.00 non-refundable fee to cover the costs of the public hearing notice. (e) Permit Expiration and Extension: An approved variance permit shall lapse twelve (12) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of September, 1991. ATTEST: Carol L. Freas, City Clerk (8/16/91) John J. Williams, Mayor Introduced: August 21, 1991 Adopted: September 4, 1991 Effective: October 4, 1991 Page 2 of 2 Suggested By: CITY OF KENAI ORDINANCE NO. 1460-91 Planning & Zoni AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.150 ENTITLED "CONDITIONAL USES." WHEREAS, KMC 14.20.150 refers to permitting processes to obtain a Condition Use Permit; and, WHEREAS, the Conditional Use permitting process requires a Public Hearing pursuant to KMC 14.20.280, and the City incurs advertising and notification costs in regards to the public hearing; and, WHEREAS, a $100.00 non-refundable fee is reflected in the permit application to cover notification costs, but has been omitted in KMC 14.20.150; and, WHEREAS, KMC 14.20.150 should be updated to reflect the $100.00 non-refundable deposit/advertising fee to provide consistency and clarification in the permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.150(c) be amended as follows: 14.20.150 Conditional Uses: (c) Procedure: (1) An application for a condition use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. (ij Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C). A Non-refundable deposit/advertising fee of $100.00. Page I of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of September, 1991. ATTEST: Carol L. Freas, City Clerk (8/16/91) John J. Williams, Mayor Introduced: August 21, 1991 Adopted: September 4, 1991 Effective: October 4, 1991 Page 2 of 2 August 15, 1991 Keith Kornelis Public Work's Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Reference: Kenai Congregate Housing P.N.: 9017.00 F.N.: &_UA,chft edture Englneering Planning Interior Design Subject: Design Committee's Requested Additions Dear Keith: With remaining funding available from the State grant for the project, the Design Committee would like to include the following items into the project. Item 1: Provide exterior building siding of 1x6 tight knot cedar. With "Y" groove exposed (to match siding on Senior Center). Item 2: Add six more living units, east of grid line 20. New units to be "mirrored" from units between grid lines 18 and 20. Included must be a new roof -top ventilation unit. Itern 3: Automatic opening doors at main entrance (Door No. 101). Item 4: Add three four-way head bolt heater outlets. One to be mounted on each of the three lighting poles at north side of parking lot. Item 5: Install a durable/cleanable su-face'on walls in kitchens from counter top to bottom of wall cabinets. Itern 6: Provide landscaping around building (approximate budget of $50,000). Item 7: Provide a Nvind screen around the patio on the south side of the building. Item 8: Radius corners of sink counters in public toilet rooms. Item 9: Add windows in the third floor common ar;,, s. Itcm 10: Add a door grille in the doors in room i�o. 106 (lounge). Item. I l: P!ovkle furnist;ings for common areas (Jpi�roxirnate budget of Th;;tres'A Living,ton, P\ Dc,��.,:ld :�. SI;),ie, PF 9017.00 Kenai Cong. Hsng. K. Kornelis The listing of the first few items above are in a tentative order of priority: the Design Committee should finalize this. If you have any input regarding these items please contact me ASAP. Please be aware that items 1, 2, 4 and Tare critical for the Contractor's scheduling. The City will need to give the Contractor formal direction on these items first. We are currently preparing our team's fees to provide design and construction administration services for including these items into this project. Sincerely, IVINGA51 NEinc. Joseph G. Abegg Architect F' _ ._, :. August 16�, 1991 Architecture Engineering Planning Interior Design tn.-o,M,I,ed Keith Kornelis Public Work's Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Reference: Kenai Congregate Housing P.N.: 9017.00 F.N.: 3.1 Subject: A/E Fees and Estimated Construction Value For Design Committee's Requested Additions Dear Keith: These fees are for A/E services to provide specifications, drawings and coordination for the eleven items attached. The specifications and drawings for these items will be prepared for the apparent low bidder's use (Gaston Associates). Our documents are not intended for soliciting other bids. We have assumed three, one day trips for one architect to Kenai for purposes of working with the City and Design Committee on all these items. Sincerely: L VVINT4N IAi✓, Inc. Joseph G. Abegg Architect Attachntnts: EstL-rated Construction Value For Design Committee's Requested Additions Thomas. tV Lip inc:ston. A1A Donald E. SI-)-,t PE te3_�K1 1: L LL a 7 0 �� lam I1 V r N %mI .� lek K E rC" N a 0 am rn r cD T N a 01 2 O O O ti Q 00 C] •- O T 1¢" O t- N cM N llt 64 T N r- T— V- 69 It 69. 69 64 0 o o a o 0 ° ° o 0 0 0 0 c jLO r- 64 06 T- 0 vL M 64 69 d� O cc CV to O 63 T 69 lL• c0 T C1 c O o 0 0 0 tti E9 0 0 t. �q Vi .D E M CD LL � C M 0 M 9 6 a � 0 m L CIS co rn E° o° o ° c o 0 ° W o a r OWC a� a p} c0 .. n o v E itCR CU 2 O o �y N c c c� > co. 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V 44 to. N", N, , L Au cju 6 t: -16 .P xL -;7" A kvi, q: Oith' Kornb J 'i K 11." .., N ci�y. q . enal N2 10 -, Fid4Llg6 Ave 1j,9 9 6 11 'sj- �'Kengi,r_ak jL ul, X. a N e IF t A il;k A. A Lo W"? 44: 4 'CO Nsu t�.`�,StRUCtU�;AL J op. A) e Y, "n, in:'..; 'ell V I. vi . ZU11 - .14', .�, -L" ;el; - - . I ii4T-L !c '.' - W170 F. - `' " '- 7� ; - - : -:!'- _" `""r . ... I . 'K , I � e, -- w s - "W -].-. . . � ". C. a�nge-, r er,q er: c t 'Ch Vi t6 -1 iirth' 2W. f�A i'tc,"a"IE'lori"'on '_' "" K IE'1!"i g. r. tions,:1 -,Please' rd er ..to Wm, son s ?-11160"'n"S" 41 f ter,.! ci�, a et'. _o owing," vis6d -.of t U. aj.l eb ..jfoll J , , I F.: 4, 9. ,v -� ME 4.11. VL V k, J, On tT e",drawings�.-,,arp anib as,�,,;�t; ..,:p h zl,*it 11 rq,6P,&c 19U91 q. _n pr r 4 ':6f -ri-:b h' a:� 'r6thej�' t an,'P�4=ouht.,,:�,�Owvi -6 j" Om IL a . L . %.: I ?,?. X R9 in '.qd e s t o.o:,.ar thel-'s'..V;� and e;. " "' .' 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I'verified'"grey,.area with J�-,�;e spec t to k%N atio' h ' '-drai�ings. -some not n or lack of such'on -t eir, k -The net result" -is that'the C n' rac�or_,(G&$) 'Waq iven '.a 0 t 9 dire6tive, by 'myseilf,after,consulta'fion with -CH2M `rep �esentatives as noted, ��:along with"�41�7i` R i a lid .eii e soi t�1,011;:'r,:you r s e 1 f , to expedite- the'work-by f ollo�ring'-'-'�?�One �.-o w options (see G&S memo .#5 attached) 'N 5 it 1i respect to the "more than $1,000 'and ess t.han $5,'000", those -i�numbers .'were i n p 1 e a s e be ''advised that'� sed' -Bill-' d elf 'Vhen betweenL Green .-An 'mysi cussing 'tuation at' the advent Of4 same. ...The 'range dis the s..L was the hopeful, not actual, -co d he st involve in quo ing most "'cost effect�_ve" (see D 47) -of the two options., :Nelson indicated this in his reference'to "gut f eeling", in his letter to you., s�tranqpir_ quent f 'ty_�ie6eipt, All the :above' ha ed "subse' o nd'!-an'sur'er',to.,G&S1jj init.� i4-inquiry':f or c. ari ica 7o' V D CR:' 4"X' J7) e' i';"� T, "0 W'Z'; V, i X d are, copiei"' i'' 'i o -,a 1 �cor, espondence �dfio 'Alsd-�Copios 'o :asli6cts of, h d pertinent the-'drawings,,t- at, -81joi onsi ered�:., Zk t._wfie�d tiackiji� the: .6cefiario.: . . . . . . . . L L L L A 4, h ap'p me. '. 1 , ally, '.. - --hall'b�� ol;"'' 6t with. you -and thii'�.-�.Councl Fin'� :.'�dn Wednesday,.August'21 at .7:00 p.m..and.so to e'P�Ava'ilable b f or further.qu'estions,' cplanat'ion'.' U. and/or,'ei �N* 4 .. .. .t, .1 .�;U P...! Ir. A" ".7 -K No A. % L 4L L' - F! - b. ;!. ... .1, .". : �" , " he'bpict f fu U X 4� 41. 1! - 6 -A M' "A N _!, jot.A-L. f7 C Va % P q. 1q, A A U v 3 M '.Mv. . ;I. #.-, a 'if P M, r 147 SM& I on, esi� .4 R leht""It,�K P, S. ie. - 41�j rig F1.j .—Lit "K' --A v lir, ..4 A. '1-vio m aff, I I . s 4.4 rM T j & a i�A NW.W1, 4 N ir iv Or 7 MWIV W Y.. 4 W R _1 ts'.0 i-.,. a' 1�n NES; 1-1il2r,44". r M .4 %A.�'z Al 2M Hill- (via - cc d - 7. lei�,'-main airid if 3. el F1z!;jj..%WJN FL Y v?, Or .;4L. 4. 1 4 '4' do 4 df 2 DOC..UP,,]I'N-T- CLARIFICATIOi�I REQUE 1 ,. ram' �� o�> ;�cl_ _ T '� -� ► ! i TL-� W-C 1L— s , CLIENT:--�i�----- -- -- — — -- - -- ti "• lir 11 I,�., tl I)• � � � aUCS CC1: �• y - 1. 1• 1 i . �,; TC�7 ,^�C[� ``i��C �'^ C � i' /1 1�► � \ T ,p L,� hn 1, .11 �" �rotslcrn: 4�[� F� �SL•� _ '±_+�.1.`�. ��?--2 `�'SL"1-_t'�S -_, ��`-.1 C1`j ILv_LV. -i--� -T--- LE.11le As -�G Lo-r 1;rbRZ.��TA�---- - '�i�'� �`i`�T' �GF; c�� -r-+4� y �,btzs�� _so.►���c-� ��oos?r1�-T�s---ss�ry u�•Zzoi-,�-- r� r, W irk,;; .�;+;-----------_------------ -----------_------- i I'roblcm Oy:t Jl 1 t g ll t2atJ S C 3A4 ALL CZcr0 C©- -- ,.� .0 _UDD_i-�- li r — ,rltl • ' 1 r� o_(2- r� n C FF + z� ;0,111lon ny, , ,. Aclion: Yr., s C T U(i-(20 WM. J. NELSON & ASSOCIATES 215 Fldalgo Street Suite 204 G S KENAI, At ASKA 99611 (907) 283-3583 T G Co►oSTizu c.Tto 1J K� N C-} 1 5T P - 4�2oJEc't � t3y 1�C�1ve C) 2'`J it RTT N iv t t.L_ FOLLOW-UP DATE Date AUG S k 9 1 Subject C) C 2 --di, 16(LL- .- YOU A v-�1�o 21�-�D TO GXPEp %-TE TOE �k2oR -V o v- -L- t NC= o � N 0 C cz -V2 C C T o g1-� tJ E.CSe-, E 0 W/ e,6iGP��.T To `iou(z ( o),) 02 13e�oe_G ) CtA9- �tL.(- 1 G0kJk �J 1"(Acin216Ltro DAoE C�Itlro��', U-10-1.)E�Sra►J 1-'.�. )zoRNkS P4Dvl5E(J SIGNED ��Please reply � ❑ No reply necessary I WM. J. NELSON & ASSOC. 215 Fidalgo Avenue Suite 204 KENAI, ALASKA 99611 (907) 283.3583 TO (SlTq `Zio Fl��I.G� THE FOLLOWING WAS NOTED 06 RUQI o r `t>pkq r_tAcp_V_y P1<R DATE JOB NO. PROJE_'T LOCATIOJ __----- .— ,�.'GtJ CONTRACTOR OWNER - C-;- � 5 C 1 `r y w(,_ _j> G? WEATHER 6 c oTti Qt. C L a PRESENT AT SITE -d GAS C0 6 .Ge TEMP, o at AM 60+ -at PM RA'p < l +-1 c,;,- S �i t� . F G S _C �- Eu� �p R vv► � N G P L� G t N G P_ E -16 _ Ms=-t-A6 o rnese_-LF ems . __�G-:-�� 1. ©►J --+P G �E�TE►�Cbt02P� C a% t�l o E� �D - C C, Q _� ------ - - See C 4 I C:_�- s_ r-►�� o +�_� F��w►_ s�-��sELF' � Rc :yE-r A`��_�� LZ___ WEtCL. wo.L-k— C='TI Gs (2? S© .�r-�o 0r c c 5 — SEA C�-LSo t�CC'`_# `7 _�Be co�-r2A�ToQs Q�Esi �o1J ` �c� ---- ---- _ S©N L..s c o K2r Et,-)T E rC , In (7- F, C 4 u P M - -- -- :OPIE3 rc) _ �� IT 1 _�1_ —_N E jo �J ?� Mau Iu SIGNED 1Z' ' 1(::� li,'I1� Md C I % zz, Lo _T 0 f _ k__ S , o E- tv T 111110 0 3 4'ROOI CT 171 A, a- at) I e �,orn IN, If si'l Ofo to - Mass II I 4SC PHONE TOU FREE I - 800225Z380 Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 262-6223 PhoneX46?X!,W TO CH2M Hill-/ Jim Maciariello 2550 Denali St. 8th. Floor Anchorage, Ak 99503 Number PHONE DATE JOB NAME/LOCATION Treatment Plant JOB NUMBER EXISTING C0NT RACTN O— —T-6A—TE 6 �- EXISTING ( o—N—TRACT Additional -Time Required:--- _____ 3-days If this delay causes us to incur extra costs, due to inclement -weather, _..we -may -ask -for additi(5-iia-1--i-e-'l-mb-iu-rs--e--ment. NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price $ ')Ate PREVIOUS CONTRACT AMOUNT $ R 12- E D 1 4 T U REZ (C 6 N T R A I C)) REVISED CONTRACT TOTAL j $ ACCEPTED —The above prices and specifications of this Change Order are satisfactory and are hereby ac- Date of acceptance cepted. 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Ir or)t[,Jl 0 LS j U) a,>-f U) < tij I L 0 Ili D (L w LU _j US J- > o Sit LUZ -J-J (11 Z (1) c) U) ch LJ C'I I'll __ LIJ 0 1 cr`t Lijf - L) R- w < C IE -Iku -i-00 J jZ:� Z: cr I'L --I z x I U) a 0 16 L_ > 0 (J IT - .-- 0 0 0 U w 0 LIS < L 9) LLJ L LL, LIJ (D,rl 0 U c) I W (f) J z -j u Z_( U-1 0 Z_ n LIJ j z -1 0 ;� W < _J L f L C0 [I- I :z �Julcu U)LlI CO -3 :j (L Z M Lj W- _JW -1-W LI) I < Ili < J - I < I < fL 0 -jo- _j 7 C1 C) _j s EL. til Li c J L -J _L 0 )(j) cn Z(lu uoz= 7 -) c) cf) Z co C, a -i Lu (D Lu Co -J LU Lu 0 Uj LLI Lu U) Er 0 LJJ zi LaIj '(1131 V-1 C) q =4 ILTL,� Co Lli -j U) 1) LU co z Lji cc) Lu -j U, co cr 10 L" "o I LLJ U) KLUGE & ASSOCIATES ARCHITECTS PLANNERS 130 Trading Bay, Suite 330 283-3698 Kenai Alaska 99611 August 16, 1991 -- Keith Kornelis, Public Works Director City of Kenai 210 Fidalg° pU6 1991 }rvf "'t3L Kenai, AK 99611 R n Kenai i ...,. . RE KENAI SENIOR CENTER DINING ROOM Mapft4SRi Dear. Keith. As you are aware, I have been investigating why the carpet pad is showing through the carpet at the Senior Center Dining Addition„ After meeting with the pad manufacturer at the Senior Center, it was determined that the pad thickness varies. The pad distributor for- warded me a copy of an invoice that showed Alpine Interiors purchasirg the pad at a low cost. A copy is attached. I was informed that th(� price reflected a "second" rate material. At that point, I contacted the Contractor and informed him of the situation. I also pointed out that our specification calls for first.: quality materials. G & S Construction contacted Alpine Interiors area in turn, Bill Nelson (,,-)f Alpine Interiors called our office. I, met:. with Bill. Nelson at the Senior Center last week. He agreed that the differing pad thickness was obvious. Mr. Nelson assured me that he was told the pad was first quality when he ordered it. He contend::, the low cost was simply because of a special sale. G & ;S Construction has informed me that Alpine Interiors is out c business and that Alpine's bond will stay in force for several years, At this point, I feel the City has two options as follows: 1. Reject the installation. This would put the burden of replace... ment on G & S Construction and is an expensive solution. Al.- pine's bonding amounts to about half of what it would cost to install new carpet. It would also require closing the Dininr1 Area for about a week. 2. Accept the installation and ask for a credit in lieu of the first:, quality material specified. An appropriate amount would probably be the cost of a first quality material plus installation or about $3, .500 . We have expended a considerable amount of effort following up on thi.:, item at no charge to the City. We will have to bill any additiona-.. time required on an hourly basis„ If you have any questions or need more information please feel free to call our office. Sincerely, KLUGE & ASSOCIATES Bill KlUe, Architect cn -E - LL I-- 0 st WALTER J. HIC DIVISION OF PARKS & OUTDOOR RECREATION August 12, 1991 The Honorable John Williams, Mayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mayor Williams: :+I ARE- BC, .:7 SOLCOTNA ALASKA PHON E 262-558' Since the resignation of Loretta Breedin from the Kenai River Special Management Area Advisory Board earlier this summer, the City of Kenai has not had a designated member on this advisory board. Our first meeting after the summer recess is planned for September 12, 1991. As your schedule allows, please consider appointing a new member to represent the City of Kenai on this board. The board may be addressing representation issues and considering bylaw changes this fall. There is some interest in increasing the "public" vote on the board by changing the two state representatives (ADF&G, ADEC) to non-voting/advisory status only. The local governmental organizations have been generally represented by non -paid persons who represent the organizations and report board actions back to them. I believe it would be preferable if the person you consider for appointment to the KRSMA Advisory Board would be a citizen board or commission member rather than a paid City of Kenai employee. Please let me know of your appointment at your earliest convenience so that we can provide an advisory board packet of information to the new member. If you have any questions, please call. Sincerely, Christina Titus Kenai Area Superintendent r y P/ <.A 5% 1AQW11 ItICU '%'I F e I a. i iZZwe ,ta,a%u-tC'ct wil 'a finite! TO: Councilmembers City of Kenai. FROM: Carol L. Freas, City C erk City of Kenai it DATE: August 1.6, 1991 CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 RE: OCTOBER 1, 1991 BOROUGH/MUNICIPAL ELECTION Below I have listed those who filed petitions as candidates for the October 1, 1991. The petitions were received prior to August 15, 1991 and both candidates' petitions contained the required amount of signatures of registered voters of the City of Kenai. Raymond Measles Harold (Hal) Smalley cIf UPLAND/HIGHLAND ASSESSMENT DISTRICT e SCHEDULE: FINAL ASSESSMENT ROLL. FILED WITH CLERK KMC 16.10.080 8-16-91 COUNCIL SETS HEARING TIME AND PLACE KMC 16.10.090 8-21-91 NOTICE IN NEWSPAPER KMC 16.10.100 8-27-91 NOTICE IN NEWSPAPER KMC 16.10.100 9-03-91 NOTICE IN NEWSPAPER KMC 16,10.100 9-10-91 NOTICE IN NEWSPAPER KMC 16.10.100 9-1.7-91 INDIVIDUAL NOTICES MAILED KMC 16.10.100 8-28-91 RESOLUTION CONFIRMING ROLL & PAYMENTS KMC 16.10.1.30 9-18-91 STATEMENTS MAILED TO OWNERS KMC 16.10.150 9-23-91 AD IN PAPER ABOUT STATEMENTS KMC 16.10.150 9-27-91, KMC 16.10.090 SAYS: After the assessment roll is filed, the Council shall fix the time and place for a public hearing on objections to the assessment roll. At the August. 21, 1991 Council Meeting, the Council should adopt a motion setting the public hearing on the Upland/Highland final assessment roll for September 18, 1991 at the regular Council Meeting at City Hall 0 %do j 140 %.0 -V Idw %r w t5 Z A G 1991 CLEW: S.) CF KFTgj lu e 9z AUGUST 7, 1991 COUNCIL MEETING PERSONS SCHEDULED TO BE HEARD: KELLY GIFFORD, MUNICIPAL PARK Mayor: ...that brings us to Mrs. Gifford Gifford: Hi I'm Kelly Gifford, 1620 Tanaga and I'm here to talk about the park that's in Redoubt Terrace, there's three of us here tonight. We were here, I think it was the end of April or the beginning of May and we asked for the park to be closed and the park was closed. The Chamber came back and asked if it could be re- opened. There was a whole bunch of us here from Redoubt Terrace Sub. and at that point we kind of like negotiated or came to a compromise and said we'll open the park if you'll do, ... we'll be in favor of opening the park if you hire a host family, clean up the park and we had a few other things we would have liked to seen done. Well, nothing has been done except for the park was re -opened. Um, I'm just here to say we want to do something we want to get out there ourselves and do something. We need direction, we need to see where to go now, we want to do something. There are very eager people in this neighborhood who want to clean up the park. I even talked to my babysitter who does not live in Redoubt Terrace and she used to take her daycare kids to the park. They went there one time this summer and it was too dirty and they've never been back since. We want to see the park utilized and not deteriorate and it is slowly deteriorating. That's why I am here, please help us. Mayor: Who's on Parks & Rec? We had a plan drawn, there was a plan drawn, where is that at? Keith'? KK: The plan was presented to City Council and at that time you asked that it be sent to the :Parks & Rec Commission, which it was sent to Parks & Rec but they never got quorums enough to meet or anything, so we are still waiting on them to meet. Mayor: Councilman Smalley... Smalley: Yeah, to add a little bit to this, a committee was set up which I sort of chaired and we met with some of the property owners over there and some other volunteers, we met the very end of May, first part of June. We went, actually walked over to the park, talked about some potential developments. The plan was drawn up by Keith and he brought it and presented it to the Council. The Council turned it over, I mean, there is a number of individuals that live over there that would be more than glad to volunteer their time for clean up but I think it is an obligation that the City has to those residents over there that if we're going to re- open that park, you know, we told those folks we would re -open it as tent camping but we will make some improvements but nothing has happened. Uh, I guess I was a little disappointed that it was turned over to Parks & Rec from the stand point that we made an obligation to those folks and it's just sitting there and we've lost a summer. We re -opened it and we really haven't met the commitments that we've talked about. If it were possible I would like to see the City go ahead and begin those developments in that area. Mayor: As I recall there was some question with regard to the overall development plan that was brought before us as far as the thinning out of the trees and, one thing or another, we didn't want to do a lot of thinning out down by the sewer plant... KK: There was a question that Kayo brought up about erosion or something in that area. The plan was never to cut the trees on the slope by the sewer treatment plant, the plan was to cut an area back away from the slope so that there would be an area that people from the look -out, that parking lot on the end, that could use as grass and be able to see a view of the inlet and still not have an erosion problem. There is no erosion problem by the sewer treatment plant. There is no erosion problem all the way down to, uh, about the last house on Toyon, right at the last house, not Craycroft's but the one by the end where they're all lined up. Gifford: I'm sure you've all been to the Senior Center, it's on a bluff it's all cleared out, all the underbrush, no major trees have been cut. But all the underbrush has been cleaned out and nice little walkways have been built out there, I don't know if it's real grass or if it's just been cut down so far that it's just you know, kind of little shrubbery, but it's beautiful out there and that's, that's what we like to see how, that kind of a look. Mayor: I think we have a problem with clearing out an area that has a view right over the sewer plant, I think it is an aestetic (?) thing. Councilwoman Monfor first then Councilman Smalley. Monfor: I had two of the neighbors call me tonight before this meeting because they were unable to come that are also willing to work on this project. I'm pretty appalled by the whole thing the fact that we directed administration to do something and nothing happened. Secondly, we have community members willing to work on this project, which is a real rarity, and we haven't taken advantage of it and thirdly, the park is now in worse shape than it has ever been, I don't think that Parks & Rec has gone there this summer hardly at all. I just was through there the other day and even though we haven't got pick-up campers there's trash back in where the covered picnic area is people have been sleeping and camping back there all the signage that said this is for picnic area only is gone, the garbage receptacles are worse than third rate, the toilet facilities are terrible and I am ashamed of it and it's a Kenai Municipal Park and you know, it's time, when Council directs administration to do something we expect it to be done and if Parks & Rec cannot meet over the summer, which to me is a little ridiculous, because this is the height of when they should be busy, then we either need to 2 take all the members that are on the commission and replace them with people that can meet during the summer or sunset the commission. I mean, this is a real important issue and nobody's addressed it and if I were one of those people sitting out there I'd be really frustrated and I certainly wouldn't think very kindly of the City. It's not that big of a deal when we have people that are willing to do it, when we have a plan that was presented to the Council that's a good plan and it's certainly, we don't need to coo (?) about it if we're going to cut a few trees up and down by the bluff, the whole thing needs to be cleaned up. And the other thing is, the big toy was taken out of there ... that was a park for the kids and one day the big toy was missing and if one the neighbors hadn't come by and said what happened to the big toy, we probably wouldn't have known about it for months ... I went right over to Keith and says where's the big toy. Mayor: Where is the big toy? What happened to the big toy? Musson: There were a couple concerns about it ... the base was rotten... Mayor: Let me hear from Councilman Smalley first and then I'll get you. Smalley: Ok, yeah, again the discussion that we had with the citizen group in the clearing, was again, it was, there was an area that you first enter on the very first approach, uh, just past the National Guard Armory, was to clear out that area in there and seed it, uh, give it some visibility and that would be an ideal area for the community to use where the children's playground equipment was, and so forth, give some visibility there because the people do not want their children going over there because you can't see them once they drop down, the, it's impossible to see them and they're really concerned over a lot of the things that have happened there in the past so the idea was to give some visibility there, you know, shut down the drive through sections as far as where the tent campers were and they could walk into those areas so you're controlling access and egress. And then down towards the bluff where the observation area and the uh, day use facility like clearing it out, then again not clear cutting, but you know, getting some of the underbrush you provide some visibility because a lot of the vandalism that occurs in there I think comes from the local participants that go in there because it's impossible to see them and if that area becomes visible from the road I think that's going to curtail a lot of the problems there that we've had there in the past and that is in spite of the fact that there's a sewer treatment plant worth several millions of dollars sitting down there, there is a beautiful view from up there. And, pardon, ?: It's a good looking plant... Smalley: And it's getting better, uh, but you know that was the idea and I really think that, that this Council really has an obligation to, to, get, that at least underway this 3 year, I really think we do. Mayor: Councilwoman Monfor... Monfor: Mr. Mayor, the one other thing I forgot to say, sorry Bill, is, and I am really concerned about this, is the trees that were knocked over this past winter in storms are halfway broken are still sitting there I mean the City has not come in to take care of them and I believe they are a real danger. Is this the forgotten park? Musson: I think it's a park in waiting. Uh, it's, there's a couple of routes we can go with this park. We can either go with a comprehensive overhaul or we can just get at it and take it piece by piece, maybe start with the playground area, clear that out, improve that playground, and work our way through it. Uh, if you wait for a comprehensive plan there's going to be, you know, a fair amount of bickering back and forth just exactly what everybody wants, if we start at one end and just work our way through uh, that may be a another route to go. I think it is waiting, uh, Parks & Rec Commission hasn't met, there's a problem with trying to get a quorum and get that off the ground, uh, so in the mean time we've been working on other things and trying doing basic maintenance in that park until there's other decisions made for it. Uh, until there's a firm decision made for that park it's hard to go in there and just start going after things. Uh, we have not been, my crews and such, I'm Assistant Director, have not been given directions as to what exactly needs to happen in there at this point. Uh, the big toy, if I can address that, was removed because uh, it was damaged a couple of years ago to uh, to the point where it was cut back to about half it's size, the big toy corporation came in, and did a comprehensive survey of all our big toys, recommended immediately removal of that particular piece in addition to others because it was unsafe in, in several different ways. I have made recommendation to the Director to buy a replacement piece to put into that area to upgrade that playground but, uh, we removed that for several different reasons, knowing that we were going to get some flack from the kids, but also knowing that we wanted to replace it with a better piece. We have made recommendations that way and hope to do that this season. Mayor: Mr. Kornelis, you have a suggestion for us? KK: Yeah, maybe I should, if it would help I could try to draw the park up here or I could go and get the drawings that were submitted to Council two or three weeks ago unless you all can remember what we had planned, uh, basic, you want me to try to draw it up here would that help any? McComsey: No, we just need to do it... S KK: The reason why, the reason why, a portion of this thing, I don't think should be done by volunteers, and that is, the part where we want to clear the trees and that, with the exception with some volunteers that have experience falling trees, and that type of thing. My crews are going to go in and take the trees to the left of the entrance, to the left of the road going into the park, take all those trees out, except right near the ravine, and that goes back quite a ways, bring in a dozer, level that whole area out, so you could almost see all the way in where that sledding hill is. The committee that met went over that whole thing. That, a lot of that work would require heavy equipment operators uh, dozer operators, that kind of thing, which would come from our crews. Uh, the portion on the bluff would be just a small area if you'll recall that drawing where we'd do that same type of thing but it would be further away from the bluff and it would be an area where you could see back in for picnics and that type of thing for those people that are parking at the end of the bluff. Now, as far as our schedule I have our crews pretty much booked all this week and most of next week such as the Junior High ballfields, retention basin we talked about earlier and there's another retention basin also, hopefully we can dig down around those manholes on Lawton, that we've been trying to do, we're putting gravel in there, so we're tied up until the end of next week but the end of next week my crews could probably go in there with Bill's crew and cut down those trees and get a dozer. We haven't done it to this point because as you recall the Council wanted it to go to P & Z. There will be some people in the community that don't want trees cut so we want to be sure that Council's in agreement 'cause we're gonna cut those trees and uh, that is the plan. Monfor: Sounds good to me, I am getting pretty excited. Smalley: Do we need a motion Mr. Mayor? I would move we clear cut the whole park. Inaudible, laughter. Mayor: All right, there is a motion in order. Councilman Smalley. Smalley: Mr. Mayor I would move that the City proceed with the proposed planned development for the renovation of the Forest Park, Forest Drive Park, beginning with the playground section, moving through the park. Mayor: There has been a motion, and a second to the motion, is there further discussion to the motion? Smalley: There is going to be, I know, some financial concern there, and uh, I guess my question would be, do we, do we have to appropriate moneys for this or... Mayor: Lets let the administration come back to that later... Smalley: Ok. Mayor: One comment that I would make concerning the trees and that is that we do need to make the public aware of the fact that a large segment of the public wants that park cleaned up and wants it taken care of. There will be another segment of the public out there that will damn us if we cut one of the trees down, so we want to make sure that uh, you know, we're pretty covered on that situation, they understand why we are doing it and that we're not just cutting trees to be cutting trees. Councilman McComsey... McComsey: I think, though, that the reason they want those trees cut is so that they can see their children and there is a safety factor it's not because we're wanting to just cut the trees down. Mayor: That is correct. Smalley: Additionally, I think that by making it more of a municipal park for the residents of the area you are giving them a space they can set up a volleyball net there can be some picnic tables there so it can truly be a community park as well as, you know, a City park, it could be used by the community. I think that by clearing it out it's more visible they're going to use it, I think that's a commitment we owe the citizens.. Mayor: Very good, does the Council have any objection to the motion? Ok so we'll order it. 6 U.S. Department of Transportation Federal Aviation Administration Mr. Randy Ernst Manager, Kenai Municipal Airport 210 Fidalgo Street Kenai, AK 99611 Dear Mr. Ernst: Alaskan Region Kenai Municipal Airport; Kenai, Alaska AIP Project No. 3-02-0142-11 222 W.,, Anchorage, Alaska 99513-7587 We have approved an allocation of $328,125.00 in Federal funds under the Airport Improvement Program (AIP) for the Kenai Municipal Airport:, Kenai, Alaska, for work described as follows: Acquire aircraft rescue and fire fighting (ARFF) vehicle. This allocation may only be used for the above programmed items and is made under the terms of the Airport and Airway Safety and Capacity Expansion Act of 1990, and the issuance of a grant offer is subject to all applicable Federal requirements being met, including: a. Approval of the project as finally formulated. b. The limits of obligational authority for the current fiscal year. In the allocation of these funds, consideration was given to your representations with respect to matching funds availability. We request you submit a schedule by August 23, 1991, for our approval, setting forth milestones established to complete this project in a timely manner. Ms. Patti Sullivan, Airport Engineer, Safety and Standards Branch, Federal Aviation Administration, 271-5454, will be in contact with your project manager to discuss the submitted project schedule. 2 As discussed previously with reference to Kenai's planned grant to acquire an airport sweeper, the following special grant condition, "Buy American Requirements," will be included in all new grants, including this one. Buy American Requirement. Unless otherwise approved by the Federal Aviation Administration, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. A packet of information outlining how this requirement is to be implemented has been provided to Mr. Jack LaShot, Kenai City Engineer. Sincerely, sse1 S. &Ha t 4ha w Manager, Airports Division cc: Helvi Sandvik, Manager, Statewide Aviation, State of Alaska INFORMATION ITEMS Kenai City Council Meeting of August 21, 1991 1. "TO DO" List - August 7, 1991 Council Meeting. 2. 8/15/91 KK letter to K. Meyers, Kenai Peninsula Borough regarding Contaminated Dirt Piles at Kenai Elementary School. 3. 8/4/91 Dr. Donald D. Hook letter to JJW regarding the Old Town area. 4. 8/7/91 ABC Board letter regarding Little Ski-Mo Drive Inn. 5. 8/6/91 John Myers letter to BB regarding the Fire Training School. 6. 8/15/91 KK letter to Bonnie Golden, KPB regarding Safety Lights for Sears Elementary School. 7. Pay Estimate No. 1 - Trading Bay Road/Granite Point Street - Alaska Roadbuilders. 8. Committee/Commission Application - David "Bruce" Aitken. 9. Kenai. Borough Assembly Agenda for the meeting of 8/20/91. 10. 8/16/91 KK letter to Joan Wood, HEA regarding Street Light Repairs. 11. 8/16/91 KK letter to Mike Dennison, HEA regarding new street lights. KK - TO DO LIST August 7, 1991 Council Meeting Cost estimate for upgrade of culverts & storm drains in VIA (Set Net Drive, Bowpicker, etc.) Safety lights at Sears Elementary question - send back to the Borough. Report to Council regard rebar question at STP. Information to Council on 8/21 regarding STP power generator. Investigate placement of new street light installations. Report damaged street light at the corner of Pine and Maple Street. Contact Borough about the removal of the contaminated dirt piles at Kenai Elementary School. Replace markers along golf course. BB/Admin. - Appropriation for cleaning/upgrading Forest Drive Park. Contact Russian Orthodox Church in Kodiak regarding a right-of-way/purchase of the roadway in front of the museum, church, etc. CLF - Send appointment letter to Kelly Gifford/Parks & Recreation Commission. Send thank -you letter to Tom Murphy. Advertise Work Session set for September 12, at 7:00 p.m., Council Chambers with Bicentennial. RAE - Report on investigation of electrical gates at airport. � A S ► I� BICENTENNIAL Ah;!�e4tMahrst C'k;"m0raYRIV August 15, 1991 CITY OF KEI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 COUNCIL INFORMATION 8/21/91 Kathy Meyers Kenai Peninsula Borough 47140 Poppy Lane Soldotna, AK 99669 Subject. Contaminated Dirt Piles at Kenai: Elementary School Dear Ms. Meyers: Tile Council of the City of Kenai asked that I contact you for a status report on the contaminated piles of dirt located at Kenai Elementary School. What do you have planned for disposal of these dirt piles? When do you plan on disposing the piles of dirt and how and where do you plan on disposing it? I believe the Council is concerned because it is located in the downtown area of the City. Please let me know so I can pass the information on to our City Council. Thank you. Sincerely, Keith Kornelis Public Works Director KK/kv cc: Kenai City Council �l�VV, w zl %atnuii� Win, ��rr�.fluzel /6f.9�-/62/' August: 4, 1991 The Honorable John Williams Mayor, City of Kenai Kenai, AK 99611 Dear Sir:. My wife and l spent a sizeable portion of our vacation in Alaska last month. We made a special effort to visit your city and the region around Kenai. We were not disappointed by what we saw: an attractive and vigorous community. One of the reasons we drove to Kenai was to have a look at the little Russian Orthodox church and shrine. We were not the only tourists who had the same objective; it seemed to us that there was a steady flow of persons interested in the Russian past and its continuing presence in this part of the United States. What distressed us was the shoestring on which Holy Assumption appears to operate. This was most evident from the conditic)r of the rectory, a building standing in great contrast t the adjoining museum. Even Fr. Targonsky's attire bespok:, need. We assume that the Orthodox archbishop has the prima,-y responsibility for the upkeep of church property, but; inasmuch as Holy Assumption is a major attraction in your area and represents symbolically through the landing of Russian trader; in Kenai in 1791 the beginning of your community, we would, urge you and the town council to lend financial support at least to Vie renovation of the rectory, if not to the es- tablishment of a token maintenance fund for the church and its clrnunc!s. We do not wisp tc interfere in the business of your, community, and we admit that we are not aware of possible complexities in the carrying out of our suggestions. Furthermore, we have discussed none of this with Fr. TargonsKy. It is strictly our own idea to wrile you and ask you to consider steps that would improve an obvious magnet for tourists in a community that already has (much to offer its visitors. Such action would simultaneously give evidence of a new, healthy attitude toward the USSR in these changing times.. Yours very truly, DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGECONTROLBOARD f ) n �j V J WALTER J. h .Y 550 W. 7TH AVE ANCHORAGE, ALASKA 99501-6693 August 7, 1991 Little Ski-Mo Drive Inn Ronald B. Yamamoto P.O. Box 4363 n� '`1�11? 1 Kenai, Alaska 99611 cam` Ali(, 799, RE: 1991 application for renewal of liquor license, f E Z/ Restaurant/Eating Place Case No. 92-07 Dear Licensee: At its meeting of August 2, 1991, the alcoholic Beverage Control Board took up final consideration of the above application. As indicated in my letter of June 20, 1991, the City of Kenai protested your application and the board did not find the protest arbitrary, capricious, and unreasonable. Therefore, your application is denied. A copy of my Letter and the city protest is enclosed. Under AS O4.11.510(b), you may appeal the board's decision by requesting an informal conference with me or the board itself or a formal administrative hearing under As 44.62. You may request a formal hearing by completing the enclosed Notice of Defense and Request for Hearing form. The form must be returned to this office within fifteen (15) days from receipt of this letter. If you have any questions, please do not hesitate to call. Sin erely, Patrick L. Sharrock Director, ABC Board 277-8638 PS/cl Enclosures Certified cc: Teresa Williams, Assistant Attorney General City of Kenai JOHN T. MYERS 7TH DISTRICT. INDIANA OFFICk S 2372 RAYBURN BUILDING `NASHINGTON, DC 20515-1407 TELEPHONE 202-225-5805 107 tEDERAL BUILDING TERRE HAUTE, IN 47808-3689 TELEPHONE 812-238-1619 107 HIALLECK BUILDING LAFAYETTE, IN 47901-1322 TELEPHONE 31%--423-1661 Congress of the United states Mr. Bill Brighton City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Bill: douse of 'fRepre,smatine,s August 6, 1991 COMN R7 SUB. SUBC• AN COMN . , nk t Am) CIVIL SERVICI. RANKING MINORITY MEMBER, SUBCOMMITTEE ON COMPENSATION AND EMPLOYEE BENEFITS SUBCOMMTTEE ON POS'AL PERSONNEL AND MODERNIATION Thank you for your letter regarding federal participation in the University of Alaska fire training school at Kenai. It is good to hear from you. As a member of the House Appropriations Committee, I am well aware of the critical role the federal government plays in providing funding to various nonfederal entities. Federal involvement in a project is sometimes necessary to ensure that project gets started. I: have not yet discussed your proposal with Rep. Young but look forward to speaking with him when Congress reconvenes in September. Based on your proposal, it seems that the project would have to be funded through one of the thirteen appropriation bills. Although the House has passed all of its 1992 appropriation measures, I will be happy to discuss a way to procure an allocation in the next budget cycle. Best wishes. Sincerely, John Myers AA I AWifil I BICENTENNIAL Vie irIJ1%Q� t�lu�QfG tt �fl�UhB August 15, 1991 Bonnie Golden Administrative Assistant to Mayor Kenai Peninsula Borough 144 N. Binkley Soldotna, AK 99669 Subject: Safety Lights for Sears Elementary School Dear Ms. Golden: CITY OF KENAI 4 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 I am in receipt of your letter dated July 25, 1991 concerning the above subject project and the Boroughs request that the City of Kenai enter into the Transfer of Responsibility Agreement (TOR.A) with the State. After discussing this with the Kenai City Council it has been decided that the City does not want to enter into the TORA with the State. Forest Drive is a State maintained and operated road and the City feels that the State should construct this project and operate and maintain the warning lights after they are built. If the State refuses to do this project then the Kenai Peninsula Borough should construct it and operate and maintain the warning lights after they are built. These warning lights are for Sears Elementary School, which is a Borough responsibility. The City of Kenai does fully support the need for warning lights on Forest Drive for the children crossing the road from the sidewalk to Sears Elementary. We also support similar warning lights on the Kenai Spur Highway at Swires for children going to Mountain View Elementary School, Sincerely, Keith Kornehs Public Works Director KK/kv KENAI PENINSULA BOROUG 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262-4441 July 25, 1991 Mr. William J. Brighton, Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Safety Lights for Sears Elementary School Dear Mr. Brighton: i 191 'Y ' QON GILMAN MAYOR As you may or may not know, the State Department of Transportation has been appropriated $40,000 for safety warning lights at Sears Elementary School in Kenai. The Borough has received a proposed Transfer of Responsibility Agreement (TORA) from the State asking the Borough to assume responsibility for this project. However, upon review of the school site and through discussions with your Public Works Director, Keith Kornelis, the Borough feels it would be best. that the City of Kenai enter the TORA since the location of the signs would be in the City's right of way. A copy of the TORA is enclosed for your review. If you are in agreement that the City of Kenai should accept responsibility for the safety lights at Sears Elementary, please contact Ken Brown, Borough Public Works Director, at 262-9657, so that he may forward this information to the State DOTPF. Mr. B o 1- ' -, a 1 bl% to answer any qucstionS y^u, 1'"' y t e rcgard;nc, rtIic, Lro°wvl! iJ C11Sn U I �1 \: �. vu ia:.1 liU Yee t..y ..• .- L matter. (I will be out of state until August 19.) Very truly yours, Bonnie Golden Adniinistrative Assistant to Mayor /bg EIlclosure cc: %4r. Ken Brown, KPB Public Works PROJECT NAME: Sears Elementary School Lights PROJECT NUMBER: TRANSFER OF RESPONSIBILITIES AGREEMENT BETWEEN THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES AND KENAI PENINSULA BOROUGH This Agreement, effective upon execution by the State of Alaska, Department of Transportation and Public Facilities (hereinafter called the State) and the Kenai Peninsula Borough (Hereinafter called the Municipality). The State and the Municipality are entering into this Agreement pursuant to AS 35.15.080 et.seq. and any regulations promulgated thereunder. The Municipality's coordinator for this agreement is The State's coordinator for this Agreement is Margaret E. Holland. Each party agrees to notify the other party of any change in the coordinator. Whereas funds have been appropriated by the Legislature, under Chapter 96 /SLA 91. Page 75, Line 12, for the project described in Appendix A of this Agreement and whereas the Municipality has submitted a resolution to the State requesting that the Municipality be allowed to assume all responsibility for the planning and construction of the project described in Appendix A (hereinafter also referred to as "the project"), the parties mutually agree as follows: 1. The Municipality agrees to assume all responsibilities heretofore held by the State relating to the planning and construction of tr,e project described in Appendix A which is hereby .incorporated and made a part of this Agreement. 2. The Municipality agrees to comply with all applicable codes, statues, and regulations of the State of Alaska. 3. The State agrees to transfer the funds appropriated by the Legislature for the project to a special account in the State Treasur-;),. Th= funds transferred to this special account for the Municipality shall not exceed a total of Forty Thousand Dollar, ($40,000.00). The State and the I.lunicipality agree that any costa required to be incurred for the completiari -,t this prc: j ect -in c:r�,,c ess of the above amount ,gill be paid by � ne "IunlclLallty. 4. The prccedure tc to followed by ,.he ',Iunicipaiity in dra:, ,n�7 on the :t�pecia account referred to in Paraqraph 3 are set cut 1 PROJECT NAME: Sears Elementary School Lights PROJECT NUMBER: in Appendix B which is hereby incorporated and made a part of this Agreement. 5. Prior to the advertisement for bids, the Municipality must obtain the State's approval of the land interest in the project site pursuant to AS 35.15.110. The Municipality agrees not to advertise for bids for the project or enter into contract negotiations concerning the project until such approval by the State is forthcoming. 6. The Municipality agrees to indemnify and hold harmless the State of Alaska and its agents and employees from and against any and all claims, damages, losses, and expenses arising out of the Municipality's assumption of the responsibilities for the planning and construction of the project set forth and described in Appendix A. 7. The Municipality shall coordinate all regulatory agency reviews and obtain all necessary written approvals from all regulatory agencies. 8. The Municipality has the duty of providing for and overseeing all safety orders, precautions, and programs necessary to ensure the reasonable safety for the planning and construction of the project. In this connection, the Municipality shall take reasonable precautions for the safety of all project employees and all other persons whom the project might affect, and shall inspect all work and materials incorporated into the project, and all property and improvements on the construction site and adjacent thereto. 9. The Municipality shall forward copies of the design development documents to the State. If anything in these documents conflicts with the project described in Appendix A or is found to be in violation of any statute code, or regulation, the municipality will be notified that further progress payments of protect funds are in jeopardy and will not be paid by the State until those conflicting aspects are corrected. 10. The Municipality shall submit a quarterly status and expenditure report to the State. The first report shall be due at the end or the quarter in whic"n the agreement has +teen executed and subsequent reports ;hall be due every trr_ee months +:hereafter intii _ roject crripletion. 11. '^he U-,On ccmpleti_:ri of the project, snail PROJECT NAME: Sears Elementary School Lights PROJECT NUMBER: provide the State with the final expenditure report, certified by the Municipality, of all costs incurred in the accomplishment of the project. 12. The Municipality shall furnish to the State a copy of the "As - Built" drawings and the document certifying that the project was constructed per approved construction document, codes, and regulations, and per changes to those documents as represented on the "As -Built" drawings and specifications. 13. The Municipality recognizes that 002 AAC 45.010 establishes specific audit requirements for agreements executed after August. 1, 1985. The Municipality agrees to be immediately subject to the audit requirements as set for the in the Alaska Administrative Code 02 AAC 45.010. The State retains the right to audit the project any time within three (3) years upon written notice to the Municipality. All project records shall be maintained by the Municipality for three (3) years after the date of project acceptance. 14. Within sixty (601, days of the issuance of the final audit report to the State or sixty (60) days after acceptance by the State that the Municipality has met the requirements of this Agreement, the Municipality will return the full amount of the grant, less legitimate project expenses, to the State of Alaska. 15. Responsibility for the maintenance and operation of the project shall be borne by the Kenai Peninsula Borouoh. 16. The procedures and standards governing termination of this agreement by the ;State for cause are set for the at 17 AAC 55.050, the terms of which are hereby incorporated by reference. 17. If, due to changed circumstances, the State or the Municipality wishes to terminate this Agreement prior to its completion, the initiating party shall notify the other party in writing of its reasons for requesting the early terminaticri. This request must be made at least fifteen 15) days prior to the proposed termination date. If both par,:ies agree that it is a.ri their mutual kest interest to terminate, this Agreement early, all finished or unfinished documents tared other materia-s as desc.ribea in Paragraph id above shall. At the op~ion of th.� State, become the State's property If �:hr Agreement is r_erminated as provided herein, the Xunicipa;.ity shall reiricurspc .cr those acr_ual expenses riot otherwise 3 PROJECT NAME: Sears Elementary School Lights PROJECT NUMBER: reimbursed under this Agreement which were incurred by the Municipality during the Agreement period and which are directly attributable to the Municipality's performance of this Agreement. The state shall also reimburse the Municipality in honoring convenience termination clauses in this Agreements with its contractors as long as these clauses conform to the standard convenience termination clause used by the State for similar type contracts. 18. This Agreement shall be governed by the laws of the State of Alaska. 19. The Municipality and any contractor engaged by the Municipality shall comply with the provision of Alaska Statute Title 35, Alaska Statutes Title 36, AS 44.27.060 and Alaska Administrative Code Title 17, and any other statutes or regulations governing the department's legal responsibilities in constructing public works. In addition, the Municipality shall require compliance with all Federal, State, and local laws, regulations, and ordinances relating to civil rights. All contractors shall take necessary and reasonable steps in accordance with federal regulations (49 CFR, Part 23), to ensure that DBEs and WBEs shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federal or state -funded contracts. 20. To the extent the Municipality itself performs any work covered by this Agreement, the Municipality agrees to comply with all laws, regulations, and ordinances referred to in Paragraph 1.9 above. 21. The Municipality shall ensure that none of the funds paid under this Agreement will be used for the purposes of lobbying activities before the Alaska State Legislature. 22. Unless changed by prior written notice, any notices required by this Agreement must be sent to the following addresses: STATE': Grant Administration Unit Division of Design and Ccnstruct_on Department or Transportation. and Public Facilitl-es P.,). Box 196900 An.:ncrage, Alaska 99519-6900 ',Sunicipality: Kenai Peninsula Soro�'igh 144 Nor-.n Binklev Stl'"Det PROJECT NAME: Sears Elementary School Lights PROJECT NUMBER: Soldotna, Alaska 99669 23. This Agreement may not be assigned by the Municipality without written consent of the State. 24. The failure of the State to insist in any one or more instances upon strict performance by the Municipality of any provision or covenant in this agreement may not be considered as a waiver or relinquishment of the provision or covenant for the future. The waiver by the State of any provision or covenant in this Agreement cannot be enforced or relied upon by the Municipality unless the waiver is in writing and signed on behalf of the State. 25. This Agreement may be modified or amended by written Agreement signed by both parties. APPROVALS: Authorized Signature for Municipality Title Date Authorized Signature for State Director, Design and Date Construction, Central Region 5 PROJECT NAME: Sears Elementary School Lights PROJECT NUMBER: APPENDIX A A. Scope of Work: Design and Construct a school zone flashing light system. This will include a 20 MPH school zone with flashing light system operable when school is in session. PROVIDE PROOF OF LAND INTEREST FOR STATE APPROVAL B. Estimated Cost by Phase: Cost Design and Administration Right of Way, Land Acquisition Utilities Construction Equipment TOTAL $ C. Estimated Project Schedule: Date Advertisement Bid Award Start of Construction Construction Completion 6 PROJECT NAME: Sears Elementary School Lights PROJECT NUMBER: APPENDIX B Payment Schedule: TO BE BASED ON CASH FLOW PROJECTIONS DEVELOPED BY THE MUNICIPALITY APPROVED BY THE STATE. 5% ($2,000.00) will be retained by the State until final project acceptance. The amount of the final payment will equal the total allowable expenditures, up to a maximum of $40,000.00, less what has already been paid to the Municipality. 7 PAY Page E S T I M A T Er,``' `gip L t=vb��c Kuft e� 1 i CITY OF KINAI r w) d 1 Project .�..,:,. 7 Tradinc�T3a�y R�ae1L�i'anite Point Str-eet(�„, Contractor _Ll.i1der-s _ ....,• _. �� Address 449_iZF"ida� Road..,...,,:..,.„.. c a1 d j n a_, Aj�_-9-LS6 6 9 Project No. Phoac�,1_L2E; _c�1 4Q Period From 7/29/91 to � 3 9_71_ A`IALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (I Original contract amowit 390 �099.72 ONet change by change o ==-de rs -0- (3) 'Adjusted contract amc)uat to date 390, 099. 72 ANAL'!SIS OF NORK MIPUTED (- Original contract tro rh: completed �5} Adflitioris from cliang— ()rdcrs ccrnhlctc(I — � ) Ma-eria1s stored at losc of period (7) Total Carucci �} C�+ J (3) Lc .s retainagc of 10 y percent — 11,965.89 CJTotal earned less rctaan,iVc107,693.03 Less amount of pi-uviou:_p,i)nrciits — -0- (1 13al,incc duc this p"Iyrel t — 107,693.03 119, 658. 92 .J -0- -0- 119,658.92 ¢ J c1tt'oE6Z�i2t2 n, 1791-1991 CITY OF KENA 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: Q "" / S 9 NAME: U /�I cJ 1 (� iz v C. _ /y i T'XI •� Resident of the City of Kenai? ES ` How long? 3 m o. Mailing Address �11�_^l_ Fees; L)_y Telephone No. aft.Z- a0 �S- Business Address EMPLOYER: Job Title Telephone No. NAME OF SPOUSE: /V 19 � 6 T L, A, ram,✓ Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 19 / Signature Ri 7o �r a aF daE aF aE �aE :� aE aE aF aE �;p �o v � u F c be'° o v r Y � Im ao n v Eo x ti � � Q � P � N •V � .0 ti N a�i M- Y u t7 u 4. O < E A v e< ooe h E �a Z ba 7V A u C1 C Z V u O W < C O< E E > < >•>w F-s IA uL U C O _ F u a B o o� a uSp u t O 3 u a O q y > U Z < Z pe 5 W Z o _ice U S Z acr Eau Z E u �3 E U Z $ E <�> 99 a� W oL sy�E 3 E tQ� „�j ` u W U ' p 9 E O o oQG < Z G fl O W O ' c 3 U w U U V ; < m < O Y 2 J a Oc1cZ uS in Z �S O cc O < 2 a. O W OC > t — < U ri i v r M .. < m u o L� LI: U 1, •c c v b c •E 7 0 o V) a U c u O c Z Eu < auL O 2 c � U a o v W u }{ ov 3U i �7i U O O V 0 Z a %•' U. m 55 � m 3 c a .o o b< o� Qyt yp a U V 5` u5�a$ ° A C< a E < � A< A. U to 7 << O < U_ C pC , oZ d U_ Q --• G Z C u n r a l u a O a o tl U I Y PI 6 B x _ °• ,, n O ? '� • 4 '� qU,• y � < U L - U Y • G C I 4 M • Y U O•� e ) Y x O• < e ems.. � O G Y Y q p I _u• u y V • c -•ci O I I Z O o w 9 O CY p: • .. �. 6 Y C ✓ r✓ G I • Y ccL G •J Y P G. i. .T.: M T Y L -� 4 Y B C � C q ?■ E Wc� . r u NImZ m m 61 U h h h of m V N h C w cc° cu u i a u I • < 4• O w w I o IN• -u I a c 8 G> 0 C .•. y U: ... a U• O • R U O u Y C O • U I i .• C •Y■ G-+ -•Y✓UA V Up C✓•+ J • IUYG-�-� • CYU••�Or O �M.+ j •in4 C yCy~O OpppI C OV•�-�,L � x c PV tl r� C O C 6 • •JV cM• YCV • 88 4 U Cats • ZT • • Tc0 0. O• ,y ZOu 4 ✓✓YJlti y JiM✓ w I T u yYr G Y C ■✓ Y U Y Y U U)mmh ZZ U hm a•NNU N V Z <Z i vt <�� 0 U 7 u u v o u a c x 0 5 'S •0 O H< Z •• u .� ; v 10 E GC g� �' u v c c 25 c a.S uT E < r. tp� od § ., to a` �$ 00'a c E o E V c egg u O . mE a < S `fii G Y 0 U O m C .0 C o `M coo V 03. �< �.. n t a v o ro Q .. u ° �i a z a a ae v U G1 r o< a c C $ 'u �Z �Z co c s o u ca o u. ., 0 a "seni �uC zo tea u b $3 Z S8 o z y •• r.2.S S" :' �`+ uo�c m9. O m"= �'o5 aO Yro—y �. `n m vC"o>° 0 be -0 <o ao f-$<o ! ° v E U g 'a , o o p g c u o ^� o ro U < e U u o A aSU < Z E 8 ch y E <$ Ex iv V q < W o b m < c c u CK N u vp C� < y < a q > OG 2 J •0'c E$ o C C cL E i 5 Z ° E u a f= Z Z t< r m c u U ,., = c o - O u o u a E„ v7 f- (-. O 4. 0� � `o o a 3 u E E f� v W - >:2 o U u u 3 U O Jam ; • C A A o z Z N q = z V rn n iy <� °a W > 8 sZ Q 0o ?� a cl Z A z oc O o BICENTENNIAL August 16, 1991 Joan Wood Homer Electric Association Pouch 5280 Kenai, AK 99611 Subject: Street Light Repairs Dear Ms. Wood: CITY OF KENAI ' Capc�i 4 4�a4� I / 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 CERTIFIED MAEL, R.R.R. #P 763 090 231 The City of Kenai is very concerned about street lights that are in need of repair. Attached is the repair requests for street lights which we have previously mailed and called in to you for repairs. Some of these lights were reported in October, 1990. Some of these lights and poles are dangerous. For instance, the pole at Maple and Pine is about to fall over. This pole and light was called in to HEA even before it was put on the list because we thought HEA would want to fix it immediately. Please repair this one as soon as possible. Also, the light in by the sledding hill the Municipal Park off Forest Drive was reported as out last winter. We were told that there was an underground problem to this light and that HEA would repair it this summer. Please repair it as soon as possible. I'm sure you have noticed that our nights are getting longer and darker. Please, get these lights repaired, they are badly needed. School will be starting in 10 days and many of these lights are at bus stops. Some of these lights might have underground problems that need repairs before the ground starts to freeze. Thank you for your help in this matter. `sincerely, Keith Kornelis Public Works Director KKIk: cc: Kenai City Council REPAIR REQUESTS FOR STREET LIGHTS OMER ELECTRIC ASSOCIATION LOCATION OF LIGHT PROBLEM DATE DATE R E P A I 72 REPORTED REPAIRED COMPLETE El:�( � YY-1 Tcl� c � C Dclr�� 4xvo � � 04� �= U , ..� LL 3-9 1 REPAIR REQUESTS FOR STREET LIGHTS HOMER ELECTRIC ASSOCIATION LOCATION OF LIGHT PROBLEM DATE DATE R E P A R REPORTED REPAIRED COMPLETE' 00-V,. 'Jac eC� � �� Tin r -� � a � 1-0 cl' _�u)(YY-A re.0) _ r\- L9 C) C, t n u cn --Y,-- v kt ten- 1�lc � ' J C__� REPAIR REQUESTS FOR STREET LIGHTS �O'MER ELECTRIC ASSOCIATION LOCATION OF LIGHT PROBLEM DATE REPORTED DATE REPAIRED R E P A I R COMPLETE C� C� C� BICENTENNIAL August 16, 1991 Mike Dennison Homer Electric Association Pouch 5280 Kenai, AK 99611 Subject: New Street Lights Dear Mr. Dennison: CITY OF KENA c4i� 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 In our telephone conversation we discussed new street lights that have been installed and ones that have not been installed. We referred to the New Street Lights list (see attached). You said almost all of the lights that were planned to be installed are in except for two (2) in Woodland. You are waiting on light fixtures that have been ordered. These two lights are at Sycamore and Alder and Sycamore and Juniper. I hope that all the underground is in and it will be a quick installation once the fixtures come in. We took 10 fixtures from the back side of Inlet Woods for new and replacement fixtures, but they have been used up already. If it is going to be much longer before the new fixtures arrive maybe we should borrow some more fixtures from Inlet Woods. Because of various reasons some of the lights on the list have been deleted or you are unsure of installations. Would you please give me an explanation on the following: I. First Street, between Coral and Float Plane Road (cemetery) -? 4. Lawton and Linwood - deleted because very expensive 6 & 7. Tinker & Auk and Tinker & Oiler Park - were combined into one location 9. Peninsula between Kaknu Apartment driveways - existing private light and no ROW 17, 18, 19. Stellar 0 Installed two lights instead of three (3) 20. Fourth Avenue & Evergreen - deleted because very expensive 24. Aliak &: Japonski - deleted because very expensive 27. Dogwood (N) & Standard - deleted because very expensive '18. Lilac Street (1 /2 way down) - deleted because no ROW 47 & 48. Spruce Street - one installed instead of two (2) Page 2 HEA - New Lights 8/16/91 Because of the deletions above HEA was able to add and install the following lights: 58. Walker, between Tern & Lawton 59. Lawton, between Walker & Paula 60. Lupine, at corner 61. S. Forest Drive overlook, on existing pole 62. Sycamore & Alder, to be installed when fixture arrives. Also, being considered to be installed that were not on the list: 57. Rogers & Norman Norman & Susieanna Candlelight & Spur Highway I realize that the purchase order for installing these lights was for 56 lights and that they were to be paid for on a time and materials basis. We have deleted some very expensive installations and some locations where there is no ROW but we have also added some lights. What is the status of the above listed lights and where do we stand as far as our expenses to this project? The City is very anxious to have all of the lights installed and working properly. We are likewise anxious to have our existing street lights working, (see attached letter to Joan Wood). If there is anything I can do to expedite this please call me. Sincerely, Keith Kornelis Public Works Director KK/kv cc: Kenai City Council NEW STREET LIGHTS ;First St., between Coral & Float Plane Road (cemetary)--5,41,etAt:25 ?,7ak i C _ Montage & Ryans Way O Vr 3. X Lawton & Candlelight NG — 4 :� Lawton & Linwood �� 4R G �r 5. Lawton & Wooded Glen 6. !Tinker & Auk Street (fairly close to Tinker & Lawton) Tinker, Oiler Ball Park driveway (fairly close to_Auk)- O\J--8. X McCollum Drive at entry of Grace Brethern Church (there is one at Aliak & Spur Highway) — o �l.r 7--1 u L" /1%L c! L'I /r,*%1A'4 O uE tiN: �� .fl Na Opt/ moo, D..9. Peninsula between Kaknu Apt. driveways 1)'y•`--10. Redoubt., intersection of Spur Highway (11 Tern Street, intersection of,Bridge Access i I/---12. '/ Cinderella & Magic [15'--'Sycamore . Sycamore Street & Redoubt . Sycamore 5treet,`*bet-ween Juniper—&=A1=de•�ourt— Street Walnut ;- . )Walnut & Poplar (17. Stellar Drive (North Loop) e� / A * 1�L -' t. ,-_ `' (`18. Stellar & Cohoe Circle _ Stellar Drive (South Loop) - V 2a r Fourth Avenue & Evergreen 4-- ,'� N. Lupine and Phillips N. Lupine and Spur Highway 23. Aliak & Blarney," 24. Aliak & Japcnski •� 25- Aliak & Poy 1 OVI 26. )(Dogwood (N) and Richfield iOt)OV 27 !DDogwood (N) and Standard ;. �ff (fCO` OV-28 .) Fern & Primrose F3�0.) Forest & Stellar (lst Section)— S P-W 6 D� `�``�� �1v-f.�c' XForest &OStellar (2nd Section) Ov-- 31. YGill St. & 4th 6)V% 32.xHaller & 2nd f,qV- 33 . Haller & 4th DV— 34. X Hutto & Magic 35 . Iowa & Eisenhower 36 Iowa & Primrose t/ D7. Kaknu & Kulila v� Lilac St. (1/2 way down) A)z 39. X Lilac St. & -Cook Inlet View Dr. `40. XLinwood & Spur Highway )�Mckinley & 2nd UVr42. ",(McKinley & 4th rr`'1 � (4 3,° Nevada & Primrose �44.J Redoubt Apartments (4 5)Redoubt (1 / 2 way down) (. r--4 6 . k' Richfield & Standard F7,,Y, Spruce Street - ballpark (1) (48. Spruce Street - ballpark (2) i� _49 . ' Beaver Loop & Dolcnok 50. Evergreen & Spur Highway 51.V Forest V52. Forest h'Y .1I;+ s � . •'fit:. �5 �-: r ��}j;•} �' ',' I s� ve4 %if `�� t• r SDI '`:'r s `5 �f',� � d � " i r' 914s` `,r,� �' w• �} I •r � ,� �r a` � ��C � sr y�'t� iy.' ryl , 3:4 �'�i ` �' 1+�;Lsf,, r/titll'� �7: tit al..�j> � i��' s�'sr - C � �•' 1 �5 s r INA k�IM'�%, ��`�`P•J', ,+,rr .5 - • i ti � "f• IGIJ Lis--'�N t'• � � , b � ilt � �.. p ,'GIlP/a/c 7wGR`"T5� ZP%O A" u•6 j: L' ,yL�. * ' � , f y �. s:E°� � ..�.� ,iK` f� � i�L3 .t P'' 3. I X✓ .�-�i� � Y �.•^ - f fr � �Y p�] i •7 ` � ;rl i1 .+r•' 4+' � 3�n+.r•�•.�t-..i,.- .:...-"---!r-.,•...-•r--• ._ ___ .. ./r! ' r aJ' ®r�l N o 3 I AQ I I BICENTENNIAL ki oye YRu- ! August 21, 1991 Alaska Diocese of Orthodox Church PO Box 55 Kodiak, AK 99615 Subject: Russian Orthodox Church Property in the City of Kenai CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 I am writing this letter at the direction of the Council of the City of Kenai who are concerned about the roads and utilities located within the churches property in Kenai. The church property has not been subdivided to include public road and utility right of ways to the buildings on the lot. The road that goes to the church, rectory, and the cemetery is on the churchis property and is thus a private road. As any private road or driveway, the City of Kenai should not be going on the property with equipment maintaining it. In the past the City has maintained the road, but because of potential liability problems, we are considering dropping the road from our maintenance program. The City suggests that the church have their property subdivided and put the roads and utilities in the proper right of ways. Presently, there is a possibility of liability to the church if an accident happens on the road since it is church property and not public right of way. There is also a possibility of liability to the City should we damage something in our maintenance since it is private property. If the City was to stop maintaining the road the church would have to hire someone to plow the snow in the winter and to grade the road in the summer in order to maintain access. The church would be responsible for maintenance of the access road. This access would not only be necessary for your church members but also necessary for fire, police, and ambulance service. Page 2 Russian Orthodox Church 8/21 /91 The Council has been considering paving additional roads in the Old Town area and I would think that this new right of way would be one of the roads they would consider. However, if this road remains private no capital improvement funds can be spent on it. The City of Kenai is willing, with your approval, to have the property subdivided with the public right of way included. We are also willing to have the surveyor do the work and follow through the procedures and paperwork until the final plat is approved. All this would be subject to your approval and done with your guidance and input. This is the City's bicentennial year and we are trying to clean up and improve the Old Town area. We would really appreciate your help and the dedication of the road right of way should be beneficial to the church as well. If the church is at all interested please contact me or Keith Kornelis, Public Works Director, as soon as possible. We would like to get this resolved soon so you can make plans concerning winter maintenance. Thank you. Sincerely, William J. Brighton City Manager WJB/kv