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HomeMy WebLinkAbout1994-11-02 Council Minutesy • ASENDA KENAI CITY COUNCIL - REGULAR MEETING HOVE MER 2, 1994 7300 8.N. KENAI CITY COUNCIL ERB A. -CALL-TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*j 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. Be aCBFDOzimp-_Pt nuc COS (10 Minutes) 1. Steve Miles - Glacier Environmental, Inc./Courthouse Contaminated Soils Project. 2. Bill Coghill - Audit Report C. POBLIC RARI�38 1. Ordinance No. 1609-94 - Increasing Estimated Revenues and Appropriations by $2,100 in the General Fund for Dances at the Teen Center. 2. Ordinance No. 1610-94 - Amendiing KMC -1.90. Q50 (b) of the Standard Procedures for Boards, Commissions and Committees. 3. Ordinance No. LSIL-94 - Amending the Qualification of Arbitration Panel Members in KMC 23.35.032.(b). 4. Ordinance No. 1422-94 - Reallocating Appropriations Between the Congregate Housing.and FAA Road Capital Projects Funds. 5. Ordinance No. 1613-94 - Amending the official Cit of Kenai Zoning Map for Certain lands Described. -as S4 Sec.. 11 Excepting the Kenai River, sTk , SEk Sec'. 10 : East of the Kenai River, EN NEB; Sec. 15. Last, of the Kenai - river, Sec. 14 North of the Kenai Riveer; All Within T5N, R11W, S.M. and Within the City of. Kenai. ..1.. w � ' • D. • 6. Resolution Ho. 94-66 - Authorizing Application for Funding Assistance for an outdoor Recreation Project, Restroom Facilities, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. 7. Resolution No. 94-67 - Transferring $21,285-in the Airport Security Gates Capital Project Fund.for Additional inspection Charges. a. Resolution Action b. increase Inspection Contract ($2,285) Action 8. Resolution No. 94-66 - Awarding a Contract for the Architect/Engineering Schematic Design Phase on the Project Entitled Vintage Pointe Manor 1995 Addition (Congregate Housing Project) to Kluge and Associates for the Not -to -Exceed Amount of $15,330.00. 9. Resolution Noe 94-69 - Declaring the Following Equipment, Supplies, and Materials Surplus or Obsolete. 1.0. Resolution No. 9i-70 - Transferring $4,903 in the General Fund for Compensation to the Acting City Manager. 11. *1995 dames of Chance and Contests of Skill parait Application - Kenai visitors & Convention Bureau, Inc* 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Boning Commission 7. Miscellaneous Commissions and Committees 1. *Regular Meeting of October 191 1994. 1. Resolution No. 94-65 - Awarding a Contract to GeoEngineeers, Inc. for Environmental Services on the Lot 13 and Lot 14, CHAP Site Assessment, 1994.Project for a Not -to -Exceed Amount of $27,580.00. -2- • • • 2. Discussion - Kenai Peninsula Caucus a. 1995 Statement of Legislative Positions b. 1994/1995 Fiscal Year, Annual Dues 3. Discussion - Proposed Oil & Gas Lease Sale 85A, Cook Inlet Exempt. R • NEW D-UUN R 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1614-94 - Increasing Estimated Revenues, and Appropriations by $4,000 in the General Fund From the Reserve for Athletic Expenditures. 4. Discussion - Bicentennial Building - Humidity, Lighting and Security. 5. schedule Joint Work semsion - Council/Planning & Zoning - Proposed Borough Overlay Ordinance I. ADXXXX8TRATI9N I,�, PORTB 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. p=acusstoN 1. Citizens (five minutes) 2. council -3-» s • • zMal CITY COaNCtL - REeam MEETING DOVEIMER 2, 1994 7900 P.x.' Kam CITY COU CIL � MRYOR JORN J. WILLXMB, PRZ8*DINA CA =, TO ORDER Mayor Williams called the meeting to order at approximately 7:04'p.m. in the Council Chambers.. in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams, Bookey, Swarner and Monfor. A-S. Mayor Williams requested the following changes to the agenda: ADDO 2-3, Persons Present Scheduled to be Beard - Ashley Reed, Ashley Reed & Associates - General Governmental Issues/Lobbyist.Contract 0-7r Resointion No..94-47 - 10/25/94 KK memorandum with TM remarks added. ADD TOO I-1, Mayor's Report - JW letter to Commissioner Sandor regarding procedural request relating to the adoption of air quality regulations, 18AA50 MOTIONS Councilman Smalley MOVED for approval of the -amended agenda and requested OMINOUS CONSENT. There were no objections. SO ORDERRD.. A-6 0 There were no changes to the consent agenda. MOTION$ Councilman Smalley MOVED for approval of the consent agenda as presented and requested OMINOUS COX0=T. There. were 'no objections. 80 ORDERED* • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21 1994 PAGE 2 8-1. Steve Miles - Glacier Environmental, Inc./Courthouse Contaminated Soils Project. VUBAT*M: I will ask you to bear with me. I am not much of. a public speaker, and I know you will have a lot of questions for me and I will appreciate it if you will wait 'til I get through this before you ask them. Ladies and Gentlemen, thank you for allowing me to speak to you this evening. My name is Steve Miles, and I am the president and one of three owners of Glacier Environmental services. I asked Rachel Clark if I could speak to you tonight so that I could clarify the status of the courthouse remediation project and how I believe we have come to where we are today. I am not here to make excuses or blame anyone else. We understand the terms of our contract and with your help we fully intend to fulfill our obligations. As you are aware, Glacier has successfully remediated and removed over 7,000 cubic yards of contaminated soil in the site. As you also know, approximately 750 yards (or 10% of the material) remains on site that we have not yet been able to successfully. treat. Enviros, our subcontracted design engineer, tells us that the presence of heavy oil in the remaining soil is interfering with the treatment process. During our preparation of the site, work was twice delayed due to the discovery of heavy oil. The first discovery was during a site walk with city personnel at the end of May. At that time, an area at the west end of Lot 14 was noted to be scattered with automobile engine parts and oil stains. This discovery resulted in a change order to the original contract extending the completion date, and a purchase order was issued by the City to remediate the heavy oil contaminated area. We informed the City that we were not able to treat heavy oil and, as such, this soil remains stock -piled on Lot 14 today. The second discovery of heavy oil occurred when stock-piles.oh Lots 13 and 14 were moved and samples were taken from below them ... per the contract specifications. The presence of heavy oil below, the piles resulted in the City directing Glacier to stop further excavation and that heavy oil was not Glacier's responsibility. As such, our contract amount was reduced by $112,000, or nearly 25%. This was due to the fact that our remediation design was not intended to address heavy oil which all but eliminated bid item 012. Following each of these two discoveries, the City . RENAI CITY N0VEMB8R 2 r PAGE 3 COUNCIL MEETING MINUTES 1994 responded that we were not responsible for heavy oil contamination and that it would remain on -site untreated. As the history of the project shows, we did not design our system to treat heavy oil. on September 26, 1 notified the City of a change in conditions due to the presence of heavy oil. We believe that the heavy oil constituted a change of conditions as it had on two previous occasions. in our bid proposal, we stated that our system was designed to treat diesel -range hydrocarbons only. In 1992 ENSR Consulting.and Engineering sampled and analyzed 191 samples from the stock -piled soil and the courthouse site it was excavated from. They apparently didn't anticipate heavy oil either as each of the samples were tested only for gasoline and diesel -range hydrocarbons. EVSR-did not test these 191.6amples for heavy oil. I am here tonight with my hat in my hand. I didn't come to ask for more money or to try pass this problem back to the City. We accept responsibility for the incomplete work and ask the City.to continue to work with us and grant us the time required to.remedy it. So we first ask you to consider a contract extension through the. and of August, 1995. The hinter climate in Kenai prevents us from any further work this year, and extension will allow. us.. to return in the spring and continue treatment of the remaining soils. By continued treatment at this site, the City remains in possession of the soil and is not endangering itself from incurring any more liability than what existed since the soils were originally stock -piled. Glacier will make every effort to coordinate. with the engineering firm you choose to perform the. - site assessment of Lots 13 and 14. We believe that 80% of the, site can be assessed -immediately, and that the area underlying our treatment pond can be addressed in the spring. Samples taken by GeoEngineers prior to the construction of the pond may also be valuable in a phased approach. The continued treatment will:: involve removing the remaining soil from the pond and.spreading it on -site for land.farming. During.the removal of the soil from the pond, we will segregate suspected clean soil from the material to be treated; segregated soils will be confirmed clean by laboratory analysis and transported off - site consistent with the original work plan. Contaminated soils would be spread over the line portion of the site constructed for our soil wash plant. and clean stock -pile area. Any breach in the liner caused byy assessment activities this year will be repaired prior to soil being spread. Enviros is currently workingon a refined treats ility evaluation and design KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 4 Enviros estimates that 96% of the diesel introduced to the pond during soil -washing operations has been biodegraded. The most recent sampling indicates the remaining average concentration of. diesel is 320 parts per million. This is based on 15 samples taken two weeks prior to discontinuing the treatment process. The additional two weeks of treatment more than likely reduced these concentrates. We have not since re -sampled. The average concentration of heavy oil in the pond is 970 parts per million --again, based on the same 15 samples. This concentration is slightly less than the required clean-up level for heavy or residual -range hydrocarbons of 1000 parts per million. In other words, 4% of the petroleum hydrocarbons present on site when we began work remain to be treated, Glacier is committed to the successful completion of this , project. We have already reduced the volume of soil and the City's liability by 90%. We have also reduced the hydrocarbon concentrations in the remaining soils by over 90%. We are almost . to the finish line, but we need your help to get there. We are confident that the remaining concentrations can be reduced to within regulatory limits and all materials removed from the site by the end of August, 1995. However, we further propose -that -if legal off -site disposal by this plan does not appear possible.by July 20, 1995, an alternate disposal method such as thermal. desorption or land -fill disposal will be employed. Since the discovery of heavy oil in the soils, Glacier, Enviros and the City have continued to research and request alternate clean-up standards and analytical methods with the ADEC. Discussions in,. the past few days with ADEC personnel indicate that alternate - methods may be available to complete the project. In a best case-.. scenario, these alternate clean-up standards could result -An no further treatment being required. As a responsible party, any request for ADEC to allow deviation from the clean-up standard or analytical methods must come from the City. Therefore, it is, imperative to the project that the City continue to be as supportive of these requests as possible. In summary, I have come before you tonight to ask your help as. follows: First, grant us an extension through the summer months of 1995 to allow continued treatment of the remaining soils. Second, allow us this extension without the penalty of liquidated damages. Third, the City is.currently holding $112,000 in retainage for work completed to date. The retainage, this unanticipated development related to heavy oil, and lost revenue identified in bid item #12 has caused a severe impact to our cash flow. it is imperative that we improve our cash flow so that we 1 KENAI CITY COUNCIL MEETING MINUTES NOVEMB ER 21 1994 PAGE 5 can continue to move forward to t amendment p successfully elgaaelete this our retainage project. We, therefore, urge the City to resented to Council at as described in the contrac our last meeting. This will leave the City with $63the0j, and t. our performance bond is security that of $425i000 is $112, 000 more Our performance bond in the amount than Glacier can ever be paid for this thojr mai ingssoils�inothe alone is more than adequate to last request is that you please unlikely event we default. My continue to work with us and the ADEC to reach a solution that meets all of our mutual interests. In considering what I have asked you tonight, I want you to that realize that Glacier is not some big out-of-town company came here to deceive you or to cheat you. We are a small Alaskan contractor; we employed all local labor and intend to continue o do so; all revenue from tliwauldiect, and then also ask you to consider that has on the Kenai Peninsula. Glacier Environmental is my entire liveelih000dd. Besides my stands family, I have winterle else. for meWithout my family and the company. to be a very longg This concludes my comments. I again thank you for allowiinng� me this time and I will be glad to answer your quests VgRB�►TIIL Councilman Measles stated that the Council dionn'trhave or Williams in writing before them to help edo aetechnical report for the suggested maybe Rachel Clark . Council and bring it to the next meeting itten proposalso Council lf from the more information• Measentsles from thesAdministration would be contractor and comet necessary before a decision could be made. Manninen stated it is very unusual for the City to pay any part of a retainage until a project is complete, and that all parties. realize that. Kornelisaid retainage.this Thisacontraat was set up the city did not actually have differently because the City wanted to make sure that the Soils' He.said were clean before itn tidthe beencontractor, Glacier is not retainage the amount that has ye per se. Miles apologized for not having a proposal in writing Hfor Councked iil to see. He said he didn't realize that was needed. is he could answer questions that would helpCouncil he make its decision at the next meeting. Williams said • RffiJAI CITY COUNCIL MBETING MINUTES NOVBMBER 21 1994 PAGE 6 comfortable asking questions when he had so little information about the problem. He said that, generally, the engineering*, staff would have a report and a recommendation ready for Council in advance. Manninen stated that the engineering staff should have talked with Miles before he made his presentation to Council to coordinate. He asked that Miles meet with him so a written recommendation could be prepared for Council. Williams suggested that Miles stay in Kenai overnight and go to work with the Administration the next day. He said the item can certainly be placed on the next agenda. Mayor Williams summarized by saying Miles should prepare a written proposal (working with the city's engineering staff); the engineering staff should prepare its comments and recommendations; then Council will review those materials and discuss it at the next Council meeting. Miles stated again that the proposal will be basically the same one as was in the contract amendment which Council turned down at the last meeting. He said the difference is that now the contaminated soils would not be transported to another location. Kornelis asked if Glacier was asking that the City drop their bond or reduce it to the new contract amount (less $112,000). Miles said that would be good, but he had not asked for that. He said the performance bond is in the amount of $4251,000; but because Glacier was not able to complete bid item #12 due to heavy oil, they lost $112,000 of the $120,000 bid,item so the. _ bond is $112,000 more than they can ever make on the project.. Councilwoman Swarner asked why it is necessary to extend the contract to August, 1995. Miles stated that the heavy oil found on the lots was not anticipated. Swarner asked if Glacier is an Alaska business. Miles said, "We are an Alaskan contractor." Swarner asked him where he lives; he stated he resides in Washington. B-a. Bill Coghill - Audit Report VBRBATIM I will try to brief going through this. Last year when I was here you had the student government people here. That.was interesting. I think they asked one question and that was . whether Charlie had all the money invested in pesos in Cancun, or something like that. �k . • RENAI CITY NOVffi+IBER 2, PAGE 7 COUNCIL MEETING MINUTES 1994 Basically there are three reports that we are dealing u all should have here• One is the financial ements This iswhich prepared by the received in your packets. Administration; and we audit this and on our letter we say that we have audited this and that the numbers in here present fairly the financial position of the city of Kenai. Unless 's some questions, I'm not going to go through the numbers in here. The summary that the Administration writes in the front of this real is ever ha real nice reading; it t atoneehighlights. it. good reference if you happen The next size book is the next largest which slthe fedrs eral itand lt state single audit reports. This has about ii has two things that are kind of useful. On Page 2 it's got a nice chart of all the federal assistance that ice received daring fiscal year 1994; and back farther thereto a n dealing with all the state revenues the Cietreceived. he bysingle iTaudit rest of the letters in here are required ers acts of the federal government and the state. The first seven are federal; the last four, I think, are state. There are no findings in this report, Ladies and Gentlemen. you can read them; they're all standard wording which we have to put in here, and it's kind of embarrassing. But there's no findings in here. In this month's Journal of Accountancy, they huwere specificallytalking abou t. changes to these;and they welking re about and they were kind of the seven federal reports thatareinher upset that you have to write all of this when there's nothing d ao report. But; unfortunately, one of the p plesu change was an eighth letter that summarizes the last seven; and I hope that they don't eventually yadopt little that. bit easier tothey read.. consolidate these and make then So that's good news because we have had comments in the past on this. we've had a few little items that were not in compliance with federal requirements on contraetss---viFAA e ransst 1preference Bat remember a couple of years ago, some this year there weren't any. And then the third one is the�t had one of these in aallest one which is hnumber ot. management letter. You haven years. This is where we can report things to Council that don't have to be reported; they aren't a material weakness; they're suggestions that we have that we think will imp ys operations or their controls. This one isn't even like that because what this letter comments about is some procedures tht have been in effect by the City of Kenai for t the p dozen years. it involves procedures for approving p • • • KENAI CITY NOVEMBER 2, PAGE 8 COUNCIL MEETING MINUTES 1994 orders that the finance department has been using for years and years and years --- ever since we've been here and apparently much longer than that --dealing with checking to see if funds are available when purchase orders pass through the finance department to see if you guys have budgeted that amount of funding and also to see if the account codes are correct and the mechanical accuracy of the purchase orders and then also dealing with approval of travel vouchers. But during the year, a situation came up and they were doing some research and found out that the city code does not give these powers to the finance department. So what happened was the Administration said well . . Tom thought that Charlie still should have the finance department review these purchase orders so he wrote a memo delegating or appropriating that or assigning that function to the finance department. So these controls were in place all year; they function and they are great controls. We just think that the city code needs to be updated to accommodate these, .to allow the finance department to do these functions. I'm not sure if it prohibits it. Mr. Graves might be able to comment, but it was at least enough confusion over the authorities here that we are recommending that the Council consider amending its code 'to allow the finance department to do these functions that they have been doing for quite some time. By the way, the City is still known in Alaska as probably the clearest. We do thirty -some odd pities in the State of Alaska, including Valdez, Palmer, Soldotna and several others. This certainly has been the cleanest since before we took over, and it still is. It's very, very rare to have an adjustment to the books necessary. Or it's also very rare to find any internal--' control problem, which is not usual. Usually these management letters have lots of things; usually there's compliance findings. I want to compliment the Council and the management of the City of Kenai on maintaining just the cleanest, straightest government that I know of in the State of Alaska. Are there any questions? END OF 'VMATXX Mayor Williams said that probably 99% of the compliment should go to the Administration because they take care of the day to day operation of the City's government. He stated on behalf of the Council their appreciation of the job Administration is doing. Councilman Smalley suggested that an ordinance be ready for the next meeting to change the code. Attorney Graves said he would prepare one. I . RENAI CITY NOV8MBER 2j PAGE 9 COUNCIL MEETING MINUTES 1994 Councilman Bookey asked if there were specific problems f.ound. Coghill said the specif ice were in. the letter. He said when Council changes the code, they may.want to make improvements in the current procedures as suggested in Tom ManninenIs memo. Coghill said what he likes to see is travel vouchers being reviewed as much as possible to protect city officials from inadvertent errors. He said purchase .orders need to be.reviewed for math errors and account numbers and if money is budgeted for.. that item. Coghill stated that the way the code Iis written the City Manager approves travel vouchers; so no one.would have to approve the City Manager's travel vouchers. Councilman Measles stated that the recommendation being made is the way it's being handled anyway. He said he sees no reason to rush and would like Council to take their time and understand fully before changing the code. Mayor Williams requested that.Administration thoroughly review _. the matter and draft an ordinance that fully.meets,the requirements of Mikunda Cottrell. Attorney Graves said he would put a drafted ordinance in the next packet as a discussion item. to give Council an opportunity to see it;and discuss it before an ordinance is actually introduced. 9-3. Ashley Reed - Ashley Reed i Associates General. Governmental Issues/Lobbyist Contract Reed reviewed with the Council information he distributed regarding Alaska's fiscal situation. Reed stated his opinions, observations, and predictions regarding the capital budget, the operating budget, and the future 1995 session and. beyond. Reed' noted he did not believe the Staters future is -as. bleak.as.it has been described to be. Also, he.believes there is an abundant amount of monies available for various projects, etc. And, there will be many changes with the new administration. Historically in reviewing two-year sessions, the second year is better. HRZAK TARBNs Ss20 PoNo BACK TO ORDERS $130 p.Xe ITEK Ct puma HEARINGA C-1. ordinance No. 1609-94 - Increasing Estimated Revenues and Appropriations by $2,100 in the General Fund for Dances at the Teen Center. y 0 0 KENAI CITY COUNCIL MEETING MINUTES NQVEMBER 2, 1994 PAGE 10 �TIONs Councilman Bannock MOVED for adoption of Ordinance No. 1609-94 and Councilman Smalley 82CONDED the motion. There were no public or council comments. Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monf or : Yes !NOTION PABBRD OIIAIIIMOUSLY. C-2. Ordinance No, 1610-94 - Amending KMC 1.90.050(b) of the Standard Procedures for Boards, Commissions and Committees. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1610-94. Arid Councilman Measles 88CONDED the motion. There were no public or council comments* vows: Measles: Yes Bannock: Yes Smalley: Yea Williams: Yes Bookey: Yes Swarner= _Yes Monfor: Yes 110TION PABBED UNUZHOUBLY. 0..30 ordinance No. 1611-94 - Amending the Qualification of Arbitration Panel Members in KXC 23.35.032(b). XMION: Councilman Measles MOVED for addoptiionn of Ordinance No. 1611-94 and Councilman Smalley BECOMDathe There were no public or council comments. 0 • KENAI CITY NOVEMBER 21 PAGE 11 VOTB: COUNCIL MEETING MINUTES 1994 Measles: Yes Bannock: Yes Smalley: Williams: Yes Bookey: Yes Swarner: Monfor: Yes MOTION PA88BD UMIMOUBLY. C-4. Ordinance No. 1612-94 Between the Congregate Projects Funds. MOTIOXI Yea. Yes Reallocating Appropriations Housing and FAA Road Capital Councilwoman Monfor MOVED for adoption of Ordinance No. 1612-94 and Councilman Measles SECONDRD the motion. There was no public comment. Kornelis explained the door replacement was because there were problems with the doors it (warping, etc.) . The contractor will pay .for .the:: purchase of the doors. The cost listed was for the installation of the doors,, , . which includes drilling holes, setting hinges, eta. Porter explained the storage shed would be built on skids.so tfiat it could be placed anywhere and moved if necessary. Porter also explained the list of projects was prioritized by the seniors. Williams added Council will need to approve each item individually as it comes up. Manninen stated the greenhouse may be good -for the -.tenants. He thought it was important. It will be up to the Council whether each project is funded. Manninen added there seemed to be enough money to do all of the projects. VOTE: Measles: Yes Bannock: Yes Smalley: Yaw;. Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTXON PABBSD UWANIMOUBLY. 0-5. Ordinance No. 1613-94 - Amending the.Official Cit of. Kenai Zoning Map for Certain lands Described as SK Sec. 11 Excepting the Kenai River, SE% SLo'Sec. 10.East of • KENAI CITY NOVEMBER 2, PAGE 12 NOTIONS COUNCIL MEETING MINUTES 1994 the Kenai River, Eh NEh Sec. 15 East of the Kenai, river, Sec. 14 North of the Kenai River, All Within T5N, R11W, S.M. and Within the City of Kenai. Councilman Measles MOVED for adoption of Ordinance No. 1613-94 and Councilman Smalley •BCONDED the motion. Public Com entes Jim Butler - Butler stated he represents Mr. and Mrs. Cone. He has been working for several months with the Cones, Kenai Planning & Zoning Commission, Fish and Game, Department of Natural Resources, and the Kenai City Council. At issue is the use of this property for a grant to develop a low impact park with funding from the Exxon oil spill monies. Butler stated he spoke with Fish & Game and was told the acquisition group was reviewing grant applications. The Cone grant has a very high ranking. The Trustee Council wants to acquire the property. Butler added the State is surprised at the City of Kenai's progress on the issue. However, at the Kenai Planning & Zoning Commission meeting, Councilman Smalley questioned when the State would put something in writing that they agree to the acquisition, grant, etc. before changing the zoning on the adjoining property. He has discussed this matter with Cone and' they agree. Butler requested Council table the resolution until notification is received from the State of the actual acquisition. Butler will make sure it is timed to coincide with the rezone of the. property. Councilman Smalley stated his agreement with slowing the process. NOTION TO TABLE 3 Councilman Smalley MOVED to table Ordinance No. 1613-94 and Councilman Bookey 8ECONDED the motion. There were no objections, 80 ORDERED. ORDINANCE TABLED. ' .t • • • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21 1994 PAGE 13 C-6. Resolution No. 94-66 - Authorizing Application for Funding Assistance for an outdoor Recreation Troject, Restroom Facilities, to the State Liaison office as Provided by the Land and Water Conservation MOTIONS Councilwoman Monfor MOVED for approval of Resolution No. 94-66 and Councilwoman Swarner 8$CONDED the motion.. Tubl is CoMent S Richard warringtons Stated he is trying gcundation has helstart a Head d Foundation group in the Kenai area. T "outward bound" camping events injury camping area.. A camping area could used for a disabled summer There were no questions of Mr. Warrington. VOTES There were no objections to the motion. 80 4RD�RED. C-7. Resolution No. 94-67 - Transferring $2,285 in the Airport Security Gates Capital,Project Fund for Additional inspection Charges. C-7a. Resolution Action MOTIONS Councilman Measles MOVED for adoption of Resolution No, 94-67-and Councilwoman Monfor BEConD$D the motion. There were no public comments. Councilman Smalley asked if.they needed to amend the action in order to recommend the transfer -of funding from construction to inspection. Manninen stated if council wishes to pay the extra amount,they should included in the ass the resolution. Williams referred to the memorandum packet and the copy passed out by Manninen prior to the meeting with his hand-written comments on it. ,Williams stated the memorandum included a suggested motion. Measles asked if Administration had.any recommendation, Manninen stated he re -read the memorandum prior to the meeting and Wrote his comments on the memorandum. His comments were not to make. additional payment to the engineer. The engineer's contract was, for a not -to -exceed amount. The City is not obligated to pay.the t to . KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 14 engineer because the contract was for a not -to -exceed amount. additional payment was to have been made, it should een requested when the change order was brought l. He memorandum" changed his mind from when he initially reviewed the Williams noted Council did authorize contract�nsltnof the may have been completion time of the construction an oversight of Council. Manninen stated it should have been an obligation of staff to mention the possibility of a additional payment to the engineer at the time o change Measles asked Kornelis if it is normal for contractorinspector Kornelis coordinate between the supplier and the stated it was an unusual contract. Theenginee//inspector had to design the project around the receipt ofgates.he continued the contract was to have been completed by July 1993. At the May 181 1994 meeting he explained the difficulties with the supplier, etc. so Council ndicationgreed to cfromethe completion the inspection firm time. He did not receive y i they would be going over budget. The project was completed in June, 1994. Before the final pay, estimate is approved, as -built drawings, etc. have to e submitted. Final payment has been made. Kornelis continued -Opine of the delay was because of the delay in the gate delivery. Bill Nelson - Explained it was the contractor's responsibility to order the gates and see they were dtweeeYthe contractorthe andethe. was due to personality conflicts be gate manufacturer and lack of trust of each other. He got involved in order to get the gates. Nelson added he believed he had a legitimate claim. He did the work and the City derived benefit from it. The City is not under contract to have to pay him. He would have no hard feelingqs if a him but he feels he has a legitimate the City decides not to pay � a bill bill. Finance Director Brown told him if he had submitted was fault earlier, extra money could have been reque he did not request it. Bookey stated he believed the engineer should have gone back to the contractor. Nelson stated he also helped with the redesign of the circuitry of the gates in order to expedite the project.. Measles stated Nelson was working the Nelson was inand the his - help contractor. He appreciated the position help to speed the process. However, at the point there was a 9 • KENAI CITY NOVENBER 2, PAGE 15 COUNCIL MEETING MINUTES 1994 problem with getting the equipment, the City should have -stepped in and dealt with the contractor to comply with the contract. Measles added he was sure Nelson put in the hours, but the problem was the contractor did not do his job and because of that, Nelson stepped in and helped, but the problem should have been handled by the City, dealing directly with the contractor. If Council had been aware of this problem in. May, payment could have been held from the contractor. However, he has been paid and the City cannot go back to his for resolution. Williams stated he believed Nelson made a valid point. It was because of his efforts, the project was completed. If he had not done what he did, the project may have continued longer. The City is not legally bound to pay Nelson, however he believed the City should pay him for his efforts. Measles stated he agreed. Measles added if something like this ever happens again, whoever the inspector is, the City should intervene. He appreciated what Nelson did,.but the City should have intervened. Williams agreed. VOTE: Measles: Yes Williams: Yes Monfor: Yes Bannock: Yes Bookey: No Smalley: Yes Swarner: No MOTION PABORD. C-7b. Increase Inspection Contract ($2029s) Action MOTION: Councilman Measles NOVED to increase Villiam J..Nelson'& Associate's not -to -exceed amount by $2,285.00 on the Airport Security Gates project. Councilman Smalley BRCONDED the motion. VOTE= Measles: Yes Williams: Yes Monfor: Yes 0 NOTION PASSED. Bannock: Yes Smalley: Yes Bookey: No Swarner: No • KENAI CITY COUNCIL. MEETING MINUTES NOVEMSER 2, 1994 PAGE 16 Councsilman Smalley stated Administration should be instructed to ..transfer funds from construction to inspection. C•A' Resolution No. 94-60 Awarding a Contrast for the Architect/Engineering Schematic Design Phases on the Project.Entitled 'vintage Pointe Manor 1995 Audition (Congregate Housing Project) to Kluge and s'soaiates for the. Nat -toy -Exceed Amount of $15, 330.00. MOTIONS Councilman Measles XOVBD for adoption of Resolution No. 94-68 and Councilwoman Monfor BECONDSD the motion. There were no public or council comments. VOTE: Councilman Measles requested tDU IMOd8 CONOWT. There. were .no objections. SO ORDUN -00 C-9: Resolution`No. 94-69 - Declaring the Following. equipment, Supplies, and Materials Surplus or Ob6oxste. NOTIONS Councilman Smalley KOVED for approval of Resolution No. 94-69 and Councilwoman Swarner SECONORD the motion and requested 011IlNI![Ottl3 CONGENT. There were no -public comments. Measles suggested the. miscellaneous laboratory chemicals be removed from the list land disposed of. properly. disposed. VOTES There were no objections. 00 ORDERED. Q-010. Resolution No. 94-70 - Transferring $4 , 903 ' inn the General Fund.for Compensation to the Acting 'City, Manager. XOTION 1 Councilman Smalley MOVED for adoption of Resolution No. 94-70 and Councilman Measles ORCONDED the motion. A • KENAI CITY NOVEMBER 21 PAGE 17 COUNCIL MEETING MINUTES 1994 There were no public comments. Monfor questioned whether payment is made for the Acting City Manager every time the City Manager is out of the office. Manninen answered if it is a full day... Monfor asked why it had not been done before. Monfor added she understood if the city manager is gone for a week, is out of state, etc. then there should be an acting city manager. Manninen stated payment has not been for many one -day times, it has been mostly for three to five days. Smalley stated he remembered their last discussion. He understood Council wanted to make the payment and that is why it was approved. Swarner stated she had a different recollection. Swarner asked if the code was changed in regard to payment to an acting city manager. Graves answered it was a policy decision made by Council that when Manninen was out of the office for a day or more, payment would be made. It was not a code amendment. Swarner stated she had a problem with a manager was payment when the city , g gone only one or two days. There is telephone communication available. If he were out of the country or out of state, then it would be different. With communications available, it is not needed on a daily basis. Williams stated it sounded like Council had some concerns over the policy they created and do not remember what the policy is. Williams suggested a specific method should be adopted for the future. Measles agreed. The topic keeps coming up so something needs to be in writing so everyone knows the procedure. Williams suggested an ordinance needs to be created to amend.the city manager functions. Measles stated he did not believe the Code needed to be modified. Monfor agreed as there could be an assistant city manager next year. Williams suggested Council needed to adopt something specific instead of the policy being set by Administration. Measles stated the Council sets the policy. Measles stated there was past discussion and concern of how long the city manager needs to be out of the office before an acting.. city manager is paid. However, he did not remember if there was an agreement. Monfor requested the Clerk research the minutes and see what transpired. Manninen stated his recollection was the amount.of time out of the office was open --ended. Graves noted that code requirements for $'acting" positions differ between departments. • A • • KENAI CITY NOVEMBER 2, PAGE 18 COUNCIL MEETING MINUTES 1994 Manninen added what was done (paying tha Acting City Manager) was approved and authorized by Council. He did not want Council to go away thinking Administration was making the policy. Williams suggested Council request clarification of the matter and information brought back to Council for their review. Williams asked if there were any objections. to unanimous consent of the motion. Swarner objected. 'LOTION TO TABLES: Councilwoman Monfor MOVED to table the discussion until the first meeting in December.. Councilman Bookey BECONDRD the motion. There were no objections. 80 ORDERED. 0-110 1995 Qames of Chance and Contests of skill, permit Application - Kenai visitors &.Convention Bureau, Inc. Approved by consent agenda. ]DRERK TAKEN 9320 P* Me 8l1CK TO ORDERS 9136 P.M. I,T= R I 2QMMI88ION jCOMMITT22 AORTA Council on Aging Swarner passed out an invitation to Council to attend a dinner at the Senior Center on Tuesday, November 2.9. The dinner is to say thank -you to Council. for their support.of the Center. It was discovered a number of councilmembers would not be'available on that day. The dinner date was changed to 14onday,.November 280' 19944 D-2. Airport Coamission Measles reported there was no meeting.since the last council meeting. The next meeting is scheduled for November lot however he would not be in attendance. D-3. Narbor Comliasion Bookey reported the next meeting was scheduled for'Monday, November 7, 1994. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 19 D-4. Library Commission Monfor reported the Commission's regular November meeting was canceled in order that members of the Commission and the Library Director could attend Council's goals and objectives work session. The next meeting will be in December. Nonfor noted the Library's November calendar had been distributed to Council. Also, the annual open -house has been scheduled for. December 15 from 4:00 p.m. to 7:00 p.m. Monfor requested a $300 • donation from Council toward the cost of the open house. MOTIONt Councilman Smalley Kom to donate $300 from Council to the Library toward costs of the open house. Councilwoman Swarner 88CONDLD the motion. There were no objections. 80 ORDg!!D. ROturn to Airport Commission: Councilman Measles noted there were two seats available on the Commission. Included in the packet was an application from Henry Knackstedt. Williams asked if Council had any objections to the appointment of Knackstedt.to' the Airport Commission. There were none. Measles suggested Ernst check with other airline personnel in regard to appointment to the Commission. The resignation of Diane Smith opened a seat to be filled by an airline representative. Ernst stated he would investigate. D-50 Parks & Recreation Commission Bannock reported the Commission would be meeting on their new meeting date on November 3, 1994. D-6, planning i Zoning Commission Smalley referred to the action agenda included in the packet. Smalley reported there were many citizens in the audience due to the discussion about the halfway house. The majority of the people were opposed to having a halfway house in their neighborhood or in Kenai. Smalley suggested the discussion will come again sometime. Smalley updated Council in regard to the Borough's overlay ordinance for the Kenai River. PAZ has requested Council schedule a joint work session to discuss the issue. Williams d. • • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 20 reminded Council the Townsite Historic Board would also like to.a joint work session with Council and P&Z to discuss a five-year plan for Old Town. Measles reported P&Z suggested a work session prior to the 11/23/94 meeting. Council decided to wait until the Borough has .. had more time to work on the ordinance before making comments. No work session was scheduled. D-7. Miscellaneous Commissions and Committees Historic District Board - Council referred to a memorandum included in the packet from Clerk Preas. The memorandum discussed seats available on various commissions, committees and boards. It was noted the Historic District Board requested Board member Jahrig be replaced because he has not attended any meetings of the Board. Council reviewed the applications included in the packet. It was noted Mr. Malanaphy, while very well qualified, lived outside of the city. There were no out -of - city positions available on the Board. Measles suggested a letter be sent Malanaphy stating why he.could-. not be appointed to the Board at this time and suggest he volunteer his time until an out -of -city position is available. Council approved the removal of Jahrig from the Board. Council agreed to appoint Wanda Carlson to the Board. Return to Library Commission: Council noted the application submitted by Katherine Kornelis to be appointed as the student representative to the Library Commission. There were no, objections by Council. Return to Parks & Recreation Commission: Council accepted the resignations of Commissioners Massie and Carlson. Council reviewed the application included in the packet of Mr. Steven Latz. Councilman Smalley stated he believed Latz would be a very good addition to the Commission. There were no objections from Council to appoint Latz to Parks & Recreation. Return to Historio District Boards Council reviewed a request by the Historic District Board to change their meeting dates in'... November and December (because of travel and holiday schedules)'. The new meeting dates would be November 15 and December 15. There were no objections from Council. • ICENAI CITY COONCIL MEBTIAIG MINUTES NOVEMBER 2, 1994 PAGE 21 Beautification Committee: Clerk Freas noted she had, at direction of Council, sent a letter to Committee member Kim Booth as to whether she wanted to continue as a member to the Committee. Freas reported she received no reply, It was noted Booth was in the audience. Booth stated she was very much interested in continuing on. She was not able to attend meetings thus far due to work schedule conflicts. However, her work schedule would be changing after the first of the year and would be able to participate. Arbitration Panel: Council reviewed information included in Freas' memorandum regarding those persons contacted who now are listed as members to the panel. Freas reported Roger Meeks stated he would like to continue. However, it was noted because. he is already a member of the Historic District Board he could not be a menber of the Panel according to Code. Council noted Karen Mahurin would not be able to be appointed to the Panel due to her participation in the Historic District Board as well. Council reviewed the names submitted by employees and councilmembers to be considered for appointment to the Panel. Freas was directed to write to Robert Seymour, Eileen Bryson,, Richard A. Ross, Lloyd Johnson (First National Bank), Shirley Roberts and Walter Ward, Sr. and ask if they were interested in such an appointment. Freas was asked to explain the history of the Panel and responsibility of participation, etc. B-l. Regular Meeting of October 19, 1994. Approved by consent agenda. None. t OLD ammass Resolution No. 94-65 - Awarding a Contract to GeoEngineeers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a Not -to -Exceed Amount of $270580.00. Williams suggested action be delayed due to the.discussions.and possible amendment to the Glacier Environmental contract. LOTION= Councilman Smalley MOVED to table action on Resolution No. 94-65 and Councilman Bookey ONCONDED the motion. Monfor asked if a reconsideration could be tabled. Graves stated. by a majority vote, they could delay action until another time. VOTE! There were no objections to the motion. ACTION WAO TABLED. 6-2. Discussion - Kenai Peninsula Caucus 6-2a. 1995 Statement of Legislative positions Council discussed the Kenai Peninsula Caueus.I994.5tatement of Legislative Positions at length. Council requested additions and changes to the statement as follows: 1. Page 11, Item D, Correctional Facilities Wildwoo.d Facility should be in first place considering the problems that have arisen with funding the facility. 2. Page 11, Item E, Health Facilities - The.Kepai health Center should be added to the list as a number -one priority. Williams requested the Clerk to speak with the'Caucus secretary in regard to the requested changes. 6-2b. 1994/1995 Pineal Year, Annual Dues Council discussed whether to pay upcoming annual m+embership.,dues. to the Kenai Peninsula Caucus. Councilman Meas.les�suggested that if the Council feels the Caucus does not consider.the City' projects as important as other areas, or the Caucus) -attitude. toward Kenai is not what it should be, the City should not continue their membership to the organization. A long discussion followed regarding the advantages and M disadvantages for the city to be a member of.the Caucus. Williams lobbied for continuation of the City s membership Discussion involved projects the Caucus included in.their' KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 23 Statement. Swarner suggested councilmembers should be more involved with the Caucus meetings and not let Williams have to attend them all. Williams stated membership to the Caucus allows for the City to keep in touch with other Peninsula cities and Chambers of Commerce and knowing what the concerns are for those. other areas. XOTIONt Councilwoman Monfor MOVED for John Williams to go back to the Caucus stUting Council's concerns, especially those of Wildwood and the Public Health Center and Council will deal with the $727 for membership dues, in January. Councilman Smalley BE-'--DL"D the motion. Monfor added Council needed to make a decision of whether to remain members or not instead of discussing the issue every year. Williams stated he believed the Council, as a group, should be involved in the actions of the Legislature, Borough Assembly, Caucus and others in order to get more things accomplished in the City. Williams stated he believed there is room for more to.be done. VOTES Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. ******Return to Resolution Noe 94-653 Councilman Smalley referred Council to Pages 19 and 20 of the October 19, 1994 Council Meeting Minutes. Smalley added Council requested reconsideration of Resolution No. 94-65 for tonight's meeting. Graves stated by a majority vote, Council may table Resolution No. 94-65, but because it was a reconsideration from the .last meeting, Council should first vote on the reconsideration and then can postpone action. Measles stated Council should make a motion to adopt the.. resolution before there making a motion to table. Graves stated yes. • • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21 1994 PAGE 24 IONS Williams declared all action taken on item G-1 at this meeting be declared null and void.. There were no objections of.Council. NOTIONS Councilman Measles MOVED for adoption of Resolution No. 94-65, awarding a contract to GeoBnginseers, Inc. for Environmental Services on the Lot 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a not -to -exceed amount of $27,580.00. Councilman Smalley BECONDED the motion. Councilman Measles requested' =1Imove CONBUT, MOTIONS Councilman Smalley MOVED to table Resolution No. 94-65 and Councilwoman Monfor 88ICONDND the motion. There were no objections. BO ORDBRBD. RESOLUTION NO. 94-65 WAB TABLED* a-3. Disaussion vroposed oil. i Gas Lease eale Gft Cook Inlet Exempt. Mayor Williams stated he put this item on the agenda because some tracts have been added to 85A since the last discussion. The Division of oil and Gas has requested any information .or comments about their proposed sale by March 4, 1995. Williams asked Administration to do a resolution stating there are no objections, from the City of Kenai, bringing it back to Council at the December 7th meeting. B-1. Hills to be Paid, Hills to be Ratified. MOTIONS Councilman Smalley'MOVBD to pay the bills. Councilwoman Swarner SECONDED the motion. There were no objections to the motion. so ORDERED. r� KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 25 R-E. Purchase Orders Exceeding $2,000 Kornelis explained that Sahlberg Equipment offered a demonstration of a burner for oil and other combustible wastes, oil filters, oily rags, and other such items. It burns very hot ' with no smoke and is approved by the DEC. These are items that have previously been shipped to Anchorage for disposal. �t0'1'ION s Councilman Smalley MOVED to approve purchase orders exceeding $10000, Councilman Bookey SECONDED the motion. There were no objections to the motion. 80 ORDERED, H-S, Ordinance No. 1614-96 - Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund From the Reserve for Athletic Expenditures. Approved by Consent Agenda. R-4. Discussion - Bicentennial Building - Humidity, Lighting and security. Monfor said she put this item on the agenda. She stated she is concerned that there is over $1 million worth of artifacts and ,displays in the Cultural Center; and the lighting that is being used is improper for the artifacts. Monfor stated that the bicentennial quilt has been scorched because of the lights. She also stated the humidity is not being kept at the proper level for preserving the artifacts in the center. Monfor also stated there is apparently a problem with the security system but she didn't know the details. Monfor asked for Council's concurrence in having Administration .find out what it would take and how much it would cost to upgrade; .the lighting and install a humidifier in the Bicentennial Building. She stated that everything in the Cultural Center is .either owned by or on loan to the City of Kenai and should be. kept up by the City. Monfor said Councilman Bookey has asked in the past for an upkeep manual for the Cultural Center which would include all necessary information regarding the security system, the lighting, and the humidity. She stated she would like a'' report at the next meeting. • KENAI CITY NOVEMBER 2, PAGE 26 COUNCIL MEETING MINUTES 1994 also stated there was a problem with the batteries in the security system; and that was being taken care of. Monfor suggested that this item be on the next agenda so everyone has a chance to read the report and discuss it then. Schedule Joint Work session - Council/Planning & Zoning - Proposed Borough Overlay Ordinance Mayor Williams asked how many Borough work sessions regarding the overlay were planned to be held. Councilman Measles stated there will be several held in different places (e.g. Seward, Cooper Landing, and Sterling). The ordinance was introduced in Homer; work sessions will also be held in Anchorage. They are talking about expanding the scope of the ordinance to include not just the Kenai River but Kenai Lake and Snow Lake and all tributaries of the Kenai River. Councilman Bookey said he would like to see the Council wait ., awhile to see where this is going. He said someone should attend the work sessions, but there is nothing else to be done at this point. Mayor Williams asked the Clerk to contact the Borough Administration and tell them to copy the City with minutes of all meetings that are held and to let the City know when those meetings are being held so we can have someone in attendance. Richard Warrington - Requested a work session to review information regarding his neighbors using his right-of-way for. parking. Williams suggested Warrington discuss this problem with the Planning & Zoning Commission. F1211*1- 1-1. Mayor a. Economic Dovolopmont District Board of Directors -. Williams referred to the from EDD included in the packet. The letter notified the City the terms of Jim Elson and Tom Manninen were expiring on December 31, 1994. Williams asked Council it they had any objections to the reappointment of Elson and Manninen as the City's representatives to the Board. There were no objections. • • C7 KENAI CITY NOVEMBER 2, PAGE 27 COUNCIL MEETING MINUTES 1994 b. Commissioner candor Letter - Williams referred to the draft letter to Commissioner Sandor which was distributed at the beginning of the meeting. The letter requests public review of revised air quality regulations prior to their adoption. Williams asked if Council had any objections to sending the letter. There were no objections. c. Presidential Reception - Williams informed Council he. had been listed as a guest for a reception for President Clinton during his stop -over trip in Alaska. The reception will be held on November 11. a d. Ashley Reed/Lobbying Contract - Williams referred to the discussion presented by Ashley Reed at the beginning of the meeting and the information and points Reed made in regard to funding availability and the new State administration. Williams stated reasons why he believed it would be advantageous for the City to hire Reed as its lobbyist again. Williams added he believed Reed's involvement as lobbyist to Alascom would be helpful in the City's hope for the PTI operation to be moved to Kenai. Williams went on to state the PTI move to Kenai is in the forefront again. There have been discussions in regard to it, he has talked with private investors, etc. There is a lot of discussion behind the scenes. If PTI moves to Kenai, it will bring 115 new employee positions to the City. Williams stated he would like to continue discussions with PTI. MOTION: Councilwoman Monfor MOVED for the City to have a contract with Ashley Reed & Associates to continue his contract for one more year for the amount of $24,000. Councilman Smalley BECONDMD the motion. Brown suggested Administration bring a contract and resolution back for Council review for action at the next meeting. MOTION ADDITION: Monfor requested the motion continue to state, "Administration bring a contract and resolution back for Council review for action at the next meeting. Smalley stated he had no objections to the addition. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 2, 1994 PAGE 28 VOTE: Councilman Smalley requested UNANIMOUS CoNBBNT. There were no objections. s0 ORDBR$D. e. Bluff Erosion cement pads at the foot action at the bottom of cost a lot of money. - Williams suggested the City store of the bluff which would deflect wave the bluff. That type of action may not Measles suggested Council could ask Administration to research/ investigate the legal ramifications, ownership of property at the bottom of the bluff, etc. of Williams suggestion. Graves stated he believed some permitting would be required, Kornelis informed Council he would be meeting with a representative of the Corps of Engineers in the morning who would be examining the problem and the damage done. He has contacted property owners along the bluff that are interested, as well as Mr. Peters and representatives of the Chapel. Williams suggested the City may need to take matters into its owri hands. f. Snow Removal Problems - Williams reported he raceiverd numerous phone call complaints regarding snow in driveways. He. told the callers, the matter would be addressed at this meeting. 1-2. City Manager a. Emergency Operations Center (E00 Expansion - Manninen distributed a copy of a memorandum from Chief Burnett in regard to a proposed EOC expansion at the Kenai Fire Department. This expansion would allow the Kenai Fire Department to function as the primary EOC for the Kenai Peninsula's North Zone. Matching grant funds are available through the Federal Emergency. Management Agency (FEMA►) to help cover costs of design, construction and possibly equipping the center. The breakdown of funding would be 25% from City, 25% from Borough and 50% from FEMA. Manninen requested authorization from Council to investigate the possibility of receiving grant funds. There would be no commitment from Council at this time for any funding. . Smalley stated if Council was not making a final commitment at this time, he thought they should go ahead with the • KENAI CITY NOVEMBER 21 PAGE 29 COUNCIL MEETING MINUTES 1994 investigation. Bookey asked if the City's portion would be 20, Manninen stated yes. Burnett stated he was not sure they could acquire the grant. He believed the Borough would be willing to commit to funding through the Borough Emergency Management Department. Smalley asked if additional manpower would be required. Burnett stated no. It will be a place for the emergency management persons to meet and make decisions. council's consensus was to go ahead with the investigation of whether funding could be received for such an expansion. b. Bnow Romoval - Manninen stated he believed Administration can handle the snow removal problems internally... He will be meeting with Kornelis about what they are doing and what they can do. They can improve. If Council has suggestions, please let him know. Williams stated there is a lot of Council and citizen concern about the plugged up driveways. He received several calls from elderly people who were unable to move the snow themselves. . Smalley stated those were basically the same hind of calls he. - received. Smalley suggested the wings be removed from the graders and replaced with gates. Kornelis stated the gates cut down the productivity of the grader by one-half. Kornelis further explained the advantages of wings.. on the graders and disadvantages of the gates. Using the gates' would be a very expensive and time-consuming way of plowing snow. Kornelis distributed a report regarding snow removal which was written in 1978 and 1981. At that time, there were 61 miles of road needing plowed in the City. There were six operators at, that time. Williams suggested another pick-up truck be fitted with a plow for clearing driveways. Also a hotline for dispatching of a truck. Manninen stated he did not believe this was a good method to solve the problem. Williams stated the problem occurs year.. after year and the City gets bigger and bigger and more complaints are received and they get more compounded. The problem needs to be addressed now. Manninen suggested other people in the City could be used on the plows or scheduling could be different. It was not acceptable... what happened with the snow removal today. They needed to be ready for it. r • • KENAI CITY NOVEMBER 21 PAGE 30 COUNCIL MEETING MINUTES 1994 Bannock stated he believed the snow in the driveways is e. problem. He brought a newspaper article for Council to read which discussed the problem as well. The City needs to recognize the snow -in -the -driveway is a problem and it must be solved. Council should be open to any options available. Manninen stated Council should make a deadline in which time they., want the snow cleared (he suggested 24 hours). Bannock stated:he didn't care how it was done, just get it done. Manninen stated the issue might be better served if they stated what the service should be. what does Council want done, how soon, etc. Policy -type decisions. Smalley stated he agreed with everything said. He was concerned about the statement to have the snow plowed and cleared from driveways within 24 hours. This will take more money and equipment. Williams suggested the City contract the work to open up driveways if it is not possible for the City crews to be.able to do it. Bannock stated it was a matter of priorities. Swarner stated the snow -in -the -driveways has been a priority. It-shbuld- be getting done. There are enough people in the City to de it. Monfor reminded Council the City used to contract out the.plowing in VIP and Thompson Park. Monfor added her area had not been, plowed until 4:00 p.m. today. People had a right to call in and be angry. Monfor added Manninen stated he had a plan. The snow should be cleared sometime between 24 and 48 hours. She missed a. day of work because of the blocked roads. =-3. Attorney Graves reported he attended a NIMLO conference last week.. The conference was very good. Discussions included halfway houses (they are an issue all over the country), sign codes, etc. t-4. City Clark Freas reported absentee balloting was available during the day. at City Hall through election day. I-50 No report. Finance Bireotor KBNAI CITY COUNCIL M88TING MINUTES NOVEMBER 2, 1994 PADS 31 1-660 Puhlie morke Dt'reotor No report. I-7e Airport Ksaager No report. J•1. citisens None. J-Zcouncil e0010y - Asked what the progress was for having procedural manuals for all the City buildings. Manninen stated it has been reported to him they are in the process of.being done. He will check on their,progrgss. - evarnor - a. Reported : abe. and Cou %41-woman MOnf or will be attending a National Civic League conference in Philadelphia next week. The conference Will, be. about 1 governance, and healthy communities. ; b. Swarner asked how the City could have better handled the problem between the contractor, engineer and.supplier-for the airport gates. ,Could'it have helped if the Council was made aware of the problem earlier. Kcrnelis stated -he was. not --aware of Nelson Is additional costs at. 'the time. Swarner.asked why Council was not informed of problems with the gates. Kornelis. stated he believed they called. the manufacsturer , of gates. The actual problem was the gate manufacturer that the City specified,. We -told the design engineer �Nelson�`which gate and parts we wanted to have. placed. in the specifications, He was not involved in the decision of whicsh.gate would be, u®ed, but he understood the. City thought, this-.was`.the.best gate. Ernst added a point of cslarity. ,. Ernst :atatod the City specified a pivot gate instead of a sliding gate.. That was the only criteria the City had. Who=th+e supplier was., was decided at the.. bid. The City dirk not specify the manufacturer in the specifications because the:..:FAA, would not ;have allowed it. The City only specified the type -of gato'. Ernst. added he felt too much of the debate was being put on, the manufacturer used. He • .,N KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 21 1994 PAGE 32 felt it was a joint effort . on, the part of the manufacturer (Western Gateworks), Peninsula Fence and the prime contractor, Jahrig Electric. Those contractors.created the problem.., Ernst stated he did not believe it was,the blame of just the manufacturer of the gate because there were delays all along.' contributed to the gate manufacturer, the local fencing company and the prime contractor. Monfor - Requested Administration investigate the use of community service workers (through the prison) in the City. Monfor suggested a community service worker could be used to shovel out driveways for distressed seniors, etc. Monfor requested this information be brought back to Council at a future meeting. . Measles - Nothing. Bannock - Invited. Council and others to Craycroft Chrysler to await the election decisions. smatlley - Informed Council Iona Wilson .(who . was a long-time resident of Kenai and who used to attend ' many counoil . meetings). passed away. Council requested Clerk Freas draft sympathy letters to the family. Williams requested letters be. sent to the. Swackhammer family and the Earl Billingsley family. Williams - Referred to the. Healthy Communities information included in the packet, Williams suggested a representative for the City be named to the coordinating committee'. Swarnor stated she suggested Williams Chief .Morr.is stated he. was . invited-- to the coordinating meeting.. He did'not know if there would be a lot of participation from the police department perspective. Morris was requested to attend the next meeting or.two to give the Council some observations, eta.. Morri6 stated he would attend. Swarner noted their big -meeting and are encouraging lets of people to attend. The meeting adjourned at approximately 11:50 p.m. Minutes transcribed and submitted by: