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HomeMy WebLinkAbout1994-11-23 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR X83TXNQ NOVMBBR 23, 19941 7sOO P.M. KENAI CITY COUNCIL CHMtBERs A. GAL 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�CounCl 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. SCREDULED PUBLIC COam ( 10 Minutes) 1. Vesta Leigh - Snowplowing Driveways C. PUBLIC XMINaB 1. Ordinance No. 1614-94 - Increasing istimated-Revenues and Appropriations by $4,000 in the.General Fund..From. the Reserve for Athletic Expenditures, 2. Resolution No. 94-71 - Adopting the City of.Kenai, Alaska 1995-96 Capital Improvement Project (CIP) Priority List for Request for State Grants. 3. Resolution No. 94-72 - Authorizing.an Amendment to its Public Employee's Retirement_ System.Participation. Agreement. 4. Resolution No. 94-73 - Transferring $2.4,000 in the General Fund for Lobbyist Services.. 5. Resolution No. 94-74 - Supporting Alaska Housing Finance Corporation. 6. Resolution No. 94-75 - Transferring'$70599 in the General Fund for Purchase of Three .Snow. plows. 7. *1995/96 Liquor License ReneVal - KHart Liquor • Package Store. -1- L__J • D. 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 1. *Regular Meeting of November 2, 1994. 2. *Goals & Objectives Work Session of November 2, 1994. F. COR�tSSPONDBN�S • None. 1. Kenai Bicentennial visitors i Cultural Canter - UV Light Reduction and Humidifier Requests, 2. Kenai Rivor Overlay District (R'P8 0'r4inance No. 94- . S2) - Request for Joint work Session.. 3. Glacier snviro entaI Contract lynaadwent 4. Resolution No. 94.65 - Awarding a'Contraot to GeoEngineers, Inc., for Environmental services on Lots 13 and Lot.14, CIIAP Site Assessment, 1994 Project for a Not -to -Exceed Amount of $27,580.00. g. � HO N88A i. Bills to be Paid, Bills to -be Ratified 2. Purchase orders Exceeding $1,000 3. *Ordinance No. 1615-94 - Amending Subdivision Regulations, Section 14.10.010 General of the Kenai Municipal Code. 4. *Ordinance No. 1616-94 - Increasing Estimated Revenues:. and Appropriations by $22,475 in the General Fund for Traffic Enforcement Equipment. -2- 5. *Ordinance No. 1617-95 - Increasing Estimated Revenues and Appropriations by $53,376 in the General Fund for Salaries and Overtime for ' Removal of Snow Berms from Driveways. 6. Discussion - Draft Ordinance Amending the Kenai Municipal Code to Formalize City.Policy Regarding Authority of'the Finance Director to Control Disbursements and Expenditures. 7. Discussion - Extension of Taxiway F t4 Civil Air Patrol Hangar. _. �D �NI8T8ATIOI�R�1►ORTB 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DZSCQ88ION 1. Citizens (five minutes) 2. Council U -3- KENAI CITY COUNCIL - RIGUM MEETING NOVEOER 23 p . 1994 7 = OQ P.#t. KENAI CI'J.V COUNCIL CBi�IILHNI+tB MAYOR J0HN JO WILLIAMGO PRNOZDING Mayor.Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. PL$ E OLALAi EI3I ITC Mayor Williams led those assembled in the Pledge of Allegiance. Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Monfor, Measles, Bannock and'smalley. Absents None. A-s o Mayor Williams requested the following. changes to the agenda: ADD TOS C-2, Resolution No .04-71:- Capital.Improvement Grant list (add to the resolution) C-2, Resolution No. 94-71 - 11/23/94 KK memorandum regarding discussions. with ADEC (using left over. ADEC grants for other city projects).. ADD Tom C-6, Resolution Moo 94-75 - 11/16/44 Glenn J. Kipp letter regarding City's snowplowing considerations. ADD TO H-6, 11/23/94 T. - Manninon - semorandus Recommendation regarding draft ordinance (authority of Finance Director to..control disbursemants and.expenditures). • E KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNMIMOIIB CONSENT, Councilman Measles SECONDEDthe motion. There were no objections. 80 ORDERED. A-6. Mayor Williams had no changes to the Consent Agenda. Councilman Measles requested H-5, Ordinance No. 1617-94 be removed from the consent agenda for discussion. MOTIONS Councilman Smalley XOVSD for approval of the Consent Agenda as amended (removing H-5) and requested ONwwous Comm, Councilman Bookey SECONDED the motion. There were no objections. 60 ORDERED. H-l. Vesta Laigb - Snowplowing Driveways Leigh introduced herself as a long-time resident of Kenai. Leigh: thanked Council for the article in the paper regarding city finances, etc.; for the kind of city she lives in, citing active participation of the council, city administration, citizens and visitors; repair of the Bernie Huss Trail; taking down "The Landing" painting for storage; for the summer parks program, i.e. mowing, flowers, etc.; for quick and cheerful Animal Control response; and the helpful employees at City Hall, Library, STP, KPD, KFD, etc. Leigh stated her dissatisfaction of the snow berms that have occasionally been placed in her driveway. Leigh stated some area very small, however, the last two snowfalls, they were very deep and wide. Leigh spoke in support of Resolution No. 94-75 for snow plows to remove snow berms from driveways. Leigh added she started to gather signatures on a petition to request the City to remove the berms and then saw Council would.. be discussing the subject at this meeting and did not go forward. with the collection of signatures. Leigh added if it was necessary, she would collect the signatures. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 3 Williams noted there were others in the audience wanting to speak to this subject and requested council': permission to hear Items C-6 and H-5 at this time. There were no objections from council. ITEM Cl C-6. Resolution No. 94-75 - Transferring $7,599 in the General Fund for Purchase'of Three Snow Plows. MOTION: Councilman Smalley MOVED for approval of Resolution No. 94-75 and Councilman Bannock BECONDND the motion. Saylor Rohm - 112 Wooded Glen Court. Rehm stated the issue has been discussed in the past. There had even been comments from councilmembers suggesting citizens :(who were adverse to the snow) should move to warmer climates. Rehm stated he spoke with the Mayor of Soldotna.and Soldotna maintenance personnel in regard to the us3e of gates on their graders. The response he received was that they were very happy with them. The cost was approximately $2,500 each. Rehm added they do not use plows on pick-ups to clean out'driveway berms.due to the liability. Rehm stated he was' in favor of the purchase of gates. Snow plows were too costly. - Jim Williamson - Lives in Inlet Woods. Has lived in Alaska since statehood. Agreed with Rohm. Snow plows on trucks was too costly. Preferred the use of gates on the graders. Vesta Leigh - Remarked on damage to property along the right-of- ways Nancy Silverman - A resident of Kenai since 1985. Agreed with Rehm and Williamson. She did some investigation it regard to gates v. snow plows. She spoke with Kornelis and was told there. was*a problem with using gates on the graders due to.the wings that are already on the graders. Silverman suggested the wings be removed. Mayor Williams stated city administration and.council have wrestled with this problem many times over the years. This year,,, there has been a lot of snow early in the season. The early snow XBNAI CITY COUNCIL MEBTING MINUTES NOVEMBffit 23j 1994 PAGE 4 and phone complaints have brought attention to a number'of questions about snow maintenance. Williams requested Kornelis add his comments to.the discussion. Kornelis gave a detailed discussion regarding the advantages and ..disadvantages in using snow plows.and gates. Kornelis stated'he discussed the use of gates with the Soldotna maintenance personnel as well as the Anchorage maintenance personnel. Snow wings, which are now on the graders, cut a path twice as wide as snow plows. They are needed for plowing, as well as moving the snow back from the edge of the roads to make room for more snow. Our shop foreman investigated placing both wings and gates on a grader and it is possible by changing the hydraulics. Both Anchorage and Soldotna personnel stated when using snow. gates, the width of the path is smaller and it takes a longer time to do the work.: Kornelis gave a detailed description of how the gates work. Both Soldotna and Anchorage stated if the snowfall is six inches or uore,,L the gates won't work. Also, gates are dangerous because they pick up debris in the roadway, Itis necessary,to go slower because of the hydraulics and the danger of.picking up debris. There will be more complaints.if gates are used. Kornelis stated he did not know if putting plows on the pick-ups will work either. There has been a lot of snow. The snot must, be pushed somewhere. When more snow comes, it may be necessary to use a loader to move the snow elsewhere. Kornelis complimented the street orew on their efforts to keep the snow removed, The last snowfall, the crew worked for 22 hours straight. Kenai has approximately 61 miles of road (including the airport) and Soldotna has 32 miles of road. Soldotna has seven drew members and Kenai has five and one-half. Soldotna has a budget of $609,000 and Kenai has $418,000. Soldotna leaves snow in the middle of the street and after the snow stops contract' for the removal of the snow. This is why their budget.is larger. City crews suggested adding snow blowers to the front of three loaders. However, this is not feasible because the equipment would not be received this year,'plus the equipment would be. expensive. �J 0 • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 5 Williams stated there were three important facts to investigate: The snowfalls so far this year were extremely large; there are. more roads in Kenai to plow than in soldotna; there are double the amount of people living in Kenai than in Soldotna. Moving snow in Woodland, Redoubt, etc. would become more of a problem if the crew needs to slow down to do driveways. Williams added he, did not believe the pickups with snow plows was acceptable either. There would be very high maintenance on the trucks. Mark Langfitt - Member of Kenai's street crew. Langfitt stated he plows Woodland. If gates are put on the graders, the snow will still go into the driveways. The wing can move the snow back on the bank. With the gate, the operation wili slow down. It already takes a lot of time in Woodland. He did not think the gate would solve the problem. The use of pickups at this time will not help as there is too much snow. Another solution would be to blow the snow. The snow has to be moved away, not just pushed out. Saylor Reba - Asked why Kenai's budget is smaller than Soldotna's. Williams stated because the work is done in-house. soldotna contracts most of their work out. Dave harp - Resident of Redoubt Terrace. Asked if it is was possible to contract out to have driveways plowed for those citizens requesting it. Ovede Preden - Member of Kenai's street crew. Freden stated he plows the east side of town. Freden added he agreed with Langfitt. Also, he lived in Anchorage for 15 years. They had gates on their equipment and he still had to shovel his driveway, Freden added he believed the wing is more effective. Exercise is good for people also. Williams read Glen Kipp's letter into the record. The letter was added at the beginning of the meeting and distributed to council.:. The letter discussed costs included in providing berm removal, i.e. mill rate increase, overtime pay, purchase of more seasonal equipment, etc. Kipp's recommendation was to leave things alone. Personal snow removal equipment is readily available for purchase, etc. Bannock stated he was not questioning the street crew's skill and dedication and performance of their work. However, he was not • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 6 happy with the way the crew has been told to do their work. There were lots of liabilities included with the ' purchase of snow plows. Bannock requested the momentary tabling of the motion for approval of Item C-6 in order to state a new motion. Smalley (maker of the motion for approval) stated he had no objection in order to hear Bannock's motion.) MOTIONS Councilman Bannock MOVED that the City of Kenai create a policy for removal of snow and to include the removal of berms from driveways. Councilman Smalley SECONDED the motion. Bannock explained there is now an arbitrary law stating citizens cannot move snow from their driveways, etc. and, place in the. roadway. Bannock questioned who owns the snow on the street. He would like the city to assume the obligation to remove the snow from the driveways. That is.the intent of his motion. items C-6 and H■-5 should not be discussed before recognizing the berm of snow is a problem. Monfor stated she did not disagree with'Bannock but how would it be defined. Bannock stated until the City recognizes the berms are a problem, they are wasting their time. Is it the city's job to remove the snow if the city puts the snow in the driveways. Clerk Freas was requested to repeat the motion. Williams asked for the Manninen's recommendation. Is this something the City should get involved in, i.e. creating a written policy. Manninen stated it would be easy to write a policy, but there needs to be intent of enforcement. He did not know if the city owns the snow or not. The problem needs tobe solved, if it is -at problem. He did not think anything discussed so far would -solve the problem. Manninen stated he believed a combination of trucks, snow blowers, placed on PTO's and hiring or contracting. three people would do it. This is the.first place he's lived in - where people are talking about removing berms from driveways. Council needs to decide if they want to do the removal of berms. Williams stated the topic needs more investigation. This effort would cost a lot of money and needs more investigation. Smalley. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 7 stated he did not disagree with Williams or Manninen. The intent of the motion was to identify by policy that there is a specific problem. Smalley added he was not happy with Item C-6 or snow blowers in neighborhoods where there are lots of children around. A solution can be developed. The motion is to identify by policy. Manninen suggested with not purchasing snowplows and renting trucks, the money could be used to purchase snowblowers for each residential block. One person from each block could be responsible for keeping the snowblower and having it available for other residents to use. But that is not the city's business either. Bannock stated there are many solutions. He was not stating what the solution was, but the motion was to identify that there is a problem. Baylor Rohm - Suggested the kind of berm be identified by its size. Smalley stated that was one of their discussions at their last meeting. Smalley added he believed that is one of the problems, i.e. how big is the berm and what type of snow. VOTE ( HABNOGIC 09 KOTION) a Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PABSED MNZMOVBLY. Williams stated to the audience the city will be trying to find..a solution that won't cost so much. Monfor reported two people who pushed snow into the roadway received letters from Public Works. Monfor requested residents be addressed less adversarially. Monfor referred to an article from the Anchorage newspaper in regard to using community service. workers for shoveling snow. This is another option to investigate. KENA-I CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 8 MOTION: Councilman Measles movaD to bring back Item C-6 (Resolution No. 94--75) to the table. VOTE ON RESOLUTION NO. 94-75: Bannock: No Smalley: No Williams: No Bookey: No Swarner: No Monfor: No Measles: No NOTION FAILED UNANIMOUSLY. ordinance No. 1617-94 - Increasing Estimated Revenues and Appropriations by $53,376 in the General Fund for Salaries and overtime for Removal of Snow Berms from Driveways. NOTION: Councilman Measles MOVED for introduction of Ordinance No. 161.7- 94 and Councilwoman Monfor SECONDED the motion. Councilman Measles called for the question. There were no objections. VOTES Bannock: No Smalley: No Williams: No' Bookey: No Swarner: No Monfor: No Measles: No NOTION FAILED UNANIMOUSLY. NOTION: Councilman Smalley X0VED to direct Administration to meet with the Public Works Director and City Attorney to develop a policy. voted on and passed and review other variable prospects in ways to deal with this problem and report back to Council for the December 7 meeting if possible. Councilwoman Monfor SECONDED the . notion. KENAI CITY COUNCIL MEETING MINUTES . NOVEMBER 23, 1994 PAGE 9 and other variable ways.than what was.before council tonight... Monfor added they should review the size of berms. Williams noted contractors were.contacted and said it was too late in the season for the city to -go out to bid on this type of work now. Smalley referred to Mr., Kipp s letter and stated the city did not want to taste business away from private contractors as the snow removal concerns were for only the very end of the driveways. VOTZ a Williams asked if there were any objections to unanimous consent. There were none. 80 0RDMD. 8REM TAMSN$ 8822 PON* BACX TO ORDERS 8940 i OSO C—le Ordinance Ito. i614-94 Increasing Estimated Revenues and Appropriations by $4,00o in the General Fund From' the Reserve for Athletio Expenditures. MOTION Councilman Bookey KOM for approval of Ordinance No. 16140094 and Councilman Measles 88C0NDED the motion$ There were no public or council comments. VOTES Bannock: Yes Smalley* Yes Williams: Yes Bookey: Yes Swarner: Yes Monfars Yes Measles: Yes NOTION PASSED W=ZX098= O' C••2 . Resolution No. 94-73, - Adopting the City of . Kenai , Alaska 1995-9;Capltallmprovement Project (CIPj Priority.List for Roquest for State Grants. Marso�r: ' Councilman Smalley X0V$D for approval. of Resolution No. 94-79, and requested i1�U1�1Il�OUB 40N8 '• Councilman Bookey 88CONDSD. the motion. There was no public comdaent. Smalley stated the. intent of his notion was to include the list which.was handed out at the bagilning ..of the meeting. Williams stated the list was.prepared as indicated by council during their, work session on November.. 22, 1994. 'Williams referred to Kornolist memorandum Also distributed at the beginning of the meeting regarding the reallocation of DEC grants discussed at the work session. Williams added Administration will follow up with the information packet in regard to the GIP project lists. Smalley noted the,amount total needed to corrected. VwxS Councilman Measles requested ONlNZUOaB C0NOUTe There were no objections.. 80.0RDZRBD.. C-3... xesgiutcioa Mo. 94-71*.Authorizing an Amendment to its Public Employees Retirement.System Participation Agreement. Councilwoman Mont "or NOVIID for approval of Resolution No.. 94- 72 and Councilman Smalley ONCONDND the motion. There was no public conmaent.' Measles asked if the city refers to the summer employees as sea6onal, Gravels 1.stated-.the city does not, however PUS doeso P=St has stated the agreement can be changed and this will no lounger be an issue with them. Acting. Finance. Director. Veltman,: rep. ted , these hires go through the -normal hiring practices each.year.. Even with these procedures ,. PERO thinks they. are seasonal and thatthey may have:' been told or it was insinuated to them they would be rehired. Measles stated.he was concerned that at'some time the City may. have an employee,who:is "seasonal." Chafiging.the agreement would. then lock that person. out of P=S. graves stated it would, hawever,: the agrapment "could be amended again. Measlesstated the r. park worker. a and 'dock workers could then be interpreted again to be seasonal workers and the same problem would arise. Discussion continued. SKENAI CITY COUNCIL MEETING MINUTES NOVEMBER 231 1994 PAGE 11 110TZONi Councilman Bannock XWEP to amend Resolution No. 94-72 by changing the word "summer" in the last.line of the fourth wherea's to "season," Councilman Smalley OXCONDBD the motion. Graves stated Finance Director Brown probably wrote the resolution with "summer" because most of the positions PERS is questioning are hired in the summer. VOTE ON MDXUT i Councilwoman Swarner requested UM,11MIKOUS CONSEM e There were no objections. SO ND. In further discussion, Councilman Measles referred to the Alaska Statute (included in the resolution attachments) which defines ` the "seasonal" worker. Measles noted the definition would not include the summer workers. Graves -stated he agreed and added Brown probably offered the resolution to change the agreement its order to have PERS happy. The PERS representative disagrees the auditor argument is not.a statute argument. Williams suggested the PERS representative be informed our auditor has not discussed this as a problem. Feltman stated she did not know if Brown had stated that to the representative.'. Williams stated he thought Council should deny the amendment. The state government -will be changing soon and there could be a different interpretation from PERS at that time. Measles stated he did.not see an immediate problem. Measles. suc4gested if the resolution fails, a letter be sent to PERS objecting to that section of the audit and give reasons why. Graves stated Brown has traditionally objected to their interpretation. Graves added he believed PERS suggested the amendment to the agreement. Brown is not strongly for the amendment. Measles again stated if the resolution fails a written objection be sent to PERS so that the city's position is in writing and :on file. There may be a time when the City will want to hire a.true seasonal employee and we wouldnot want that employee locked out of PERS* . r� u KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 12 VOTE ON AK=D$D MOTION: Bannock: No Bookey: No Measles: No Smalley: No Swarner: No Williams: No Monfor: No MOTION FAILED Ui UZ31O1TBLY. C-40 Resolution No. 94-73 _ General Fund for Lobbyist aServices. nsferring $24'DDO in the MOTION: Councilwoman Swarner MOVED for adoption of and requested tw"ZNOUS CONS=T. Resolution No. motion. Councilman Bannock objected utoiunan Bookey eECONDE� the VOTE: nanimous consent. Bannock: No Bookey: Yes Smalley: Yes Williams: Yea Measles: Yes Swarner: yes Monfor; Yes MOTION PABBEDO C-5. Resolution No. , Supporting Alaska HousiOq Finance Corporation Mayor Williams requested the resolution be agenda as there was a difference of Opinionramoved from the in regard to the State handling portfolios.t the An Conference MOTION: Councilman Measles X0V2D for removal of Res the agenda and disposal of the resolution Resolution No. 94,. �TANIMOjiB CONB�. Measles re 74 from Councilman Smalley BECOMDRD the motion requested There were no objections. BO ORDSRBD. C-7. • KBPTAI CITY COUNCIL MEBTING MINUTES NOVSMBER 23, 1994 PAGE 13 0 XMN Ds COlRMI88I0M0 IT_TEB REPORTS D-le council on Aging Swarner reported the minutes of the last Council on Aging meeting would be included in the next council packet. Swarner also reminded council of the Centers appreciation dinner for them., The dinner was scheduled for Monday, November 26,, 1994 at 6:00 p.m. D-2. Airport Commission Measles stated he did not attend the last meeting. Ernst reported the Commission met on November 17 after postponement from the regular meeting date a week before. The postponement was due to the large snowfall. Ernst reported the Commission listened to a request from the Commander of the Civil Air Patrol for the paving of the taxiway to the CAP building. This discussion has been included on the agenda as Item H-7. Ernst referred to the application included in the packet from Barbara Edwards for placement on the Airport Commission. lbs., Edwards is the office manager for Mark Air and her placement on the Commission would fulfill the representation of the airlines as well as completing the seven -member commission. Williams asked if there were any objections to the appointment. --of Barbara Edwards to the Airport Commission. There were none, D-3. Harbor Commission Councilman Bookey reported the Commission talked about the Cone property application, bluff erosion and river entrance sedimentation. Bookey referred to the Corps of Engineers representative's report of his visit to Kenai which was included in the packet. Williams reported he had received verbal notification from Commissioner Knackstedt that he wished.to resign from the Commission. Williams referred to an application from Captain Mike McCune which was included in the packet. Williams asked if there were objections to appointing McCune to the Commission. There were none. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 pAGF 14 D-4. Library commission Councilwoman Monfor reported there was no meeting in November. Monfor reminded Council of the Library0s annual open house scheduled for December 15 from 4:00 p.m. to 7:00 p.m. 0-5. Barks & Recreation commission Councilman Bannock reported the minutes of the last meeting were included in the packet. Commissioner Sandahl suggested a need for a park at the end of Cook Inlet View Drive. There are many children living in that area. He suggested a "sand lot" type park, The consensus of. the Commission was to investigate the possibility of developing a park in that area. .Bannock added the. Commission also updated their five-year plan moving some of their objectives to 1998. D-6 9 Planning & Boming commission Councilman Smalley reported. the minutes. of the November 91 1994 ,meeting were included it the. packet.. Smalley reported on the. actions taken by the Commission. Smalley added the problem property in Deepwood Park has been resolved. The house was' -sold along with a portion of the other property. The preliminary plat. was approved by the Commission. Smalley reported a preliminary plat for the Leo Oberts Subdivision was approved, ' as well as an encroachment permit- .on .:_: . Kaknu Way, and a conditional use permit for cutting Alaska woods, at the Alaska Gift & Gallery on the Spur Highway. Williams questioned why the business required a conditional use permit when Kenai Supply was on a neighboring property and also had, loud machines. Smalley stated the permit was required .due to neighboring residential properties. Kenai supply was probably, grandfathered. A sawmill was not a permitted use'in the Code and there were concerns about noise. After discussion Commission felt there. would not be a problem with noise. Smalley also reported a rezoning of Thompson Park was tabled for further investigation of RS-3. and RS-2 zones. A platting procedure was adopted and Commission discussed a code enforcement problem in Valhalla Heights for. an. illegal trailer,. • 6, • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 15 Councilman Smalley reported the Commission urged Council to meet with them in a joint work session to discuss the Borough's proposed overlay ordinance. Smalley referred to minutes and other information from the Borough work sessions which the Clerk distributed to Council for their information. Smalley added he. believed it was important that someone from the Council be included on the Borough's committee as a voting member. It is important the City of Kenai be represented because the proposed ordinance affects approximately 6,000 acres of land within the city limits. Councilman Measles added the Borough first thought they would have an ordinance in place and regulations written in 60 days. They have now changed that position as it is a lot more involved than they expected. As the ordinance is now written, it suggests city zoning would take priority over what the Borough might do within the city, but if the ordinance passes, the Borough Planning Department would write the regulations based on three different studies done on the Kenai River. It is also their intent that enforcement -of the regulations would be given over to State Parks. Measles stated he objected to State Parks enforcing the regulations instead of the Borough. He intends to attend as many work sessions as possible. Measles added he believes the City should stay closely involved as well. Measles stated he felt he had a conflict in representing the City as he is also attending the work sessions as property owner along the River and outside of the City. He may have conflicting opinions. Measles added the ordinance would include most of Old Town and a large area of subdivision and the east side of the highway. At the first meeting, the inclusion of tributaries of the Kenai River was also discussed. If they are included, there would be approximately 15,000-20,000 acres involved. Measles stated his biggest concern, outside the City's concerns from a zoning standpoint, is the additional regulations which will be put on property owners. The property owners cannot do anything to better the bluff erosion problems because of all the agencies' involvement. If the Borough is involved, they should be in order to help the property owners to deal with the agencies. Smalley stated the intent of the committee is to have only representatives from the Assembly on the committee. Smalley . RENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 16 recommended the City write a letter requesting the Assembly expand the committee to include someone from the Kenai and Soldotna councils. Williams suggested the letter also state the. City is a first-class home -rule chartered city under Title 29 aW anything going on inside the City should be reviewed by the City and the committee should include someone from the City on the committee. Clerk Freas was requested to write a letter to the Borough with the concerns stated°and request placement of a city representative on the Borough's committee. Councilman Smalley suggested December 14 as date for a joint work session with Planning & Zoning. December 14 is the Commission's scheduled meeting date. The work session could be before the Commission meeting. It was agreed to hold a joint work session with the Planning & Zoning Commission on December 14, 1994 at 7:00 p.m. D-7. Miscellaneous Comissions and Committees a. National Civio League - Councilwoman Monfor reported.. she and Councilwoman Swarner attended a "Healthy Communities". conference in Philadelphia. Monfor stated it was the best conference she had ever attended. From the different sessions she and Swarner attended, they felt the city was doing everything right. They also attended a governance conference which was.not as informative. They found however, Kenai does not have the problems that other parts of the country do have. It was a good learning experience. Councilwoman Swarner agreed with Monfor. Swarner also reported the Kenai Peninsula was featured in the Dillards clothing catalog. Swarner suggested letters of thanks should be sent out to groups who have done volunteer work, such as Key Bank, after doing a proclamation. No direction was given. Monfor added people they spoke to about activities going on ih our community (Habitat for Humanities homes, etc.) were overwhelmed by the eity's involvement. b. National League of Cities - Williams reported he and Manninen would be attending the conference in Minneapolis next week. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 17 c. Alaska Municipal Leaguo Conlerenao - Williams, Smalley and Bookey gave overviews of sessions they attend in Juneau during the conference. Smalley stated he attended a workshop on unfunded mandates on environmental issues, hazardous waste disposal programs, etc. Williams congratulated Councilman Bookey on being elected to the. AML'Board of Directors. Williams noted the City of Kenai will be well -represented in AML discussions. Bookey stated before the next AML board meeting, he would like to speak with councilmembers regarding the direction they would like him to take with AML. • d. Tornsite Historic Board - Williams stated he plans on attending the next board meeting on December 15. He will discuss a number of items with them, including the Kasprinsin student regarding what Old Town may turn into at a later date. Williams requested suggestions from council. Williams added he has requested the engineering technician furnish his drawings of land ownership of Old Town. He sill explain to the Board why the council has not moved on that program, i.e. what the cost would be in undertaking such a project. Williams requested Kornelis do a brief synopsis of the bluff. erosion problem; Graves to produce code information regarding vehicle traffic on the beach and signage information; La Shot to gather existing information regarding the ownership of the Fish & Wildlife facility and why the City cannot be given ownership of the property (Williams suggested La Shot get in touch with Willa: Konte at KNA if he has questions.); Kornelis was also requested. to get an update on the Mission Street paving project and whether negotiations with the Church are complete. Smalley referred to the letter included in the packet from Judith Bittner accepting Malanaphy, Murphy and Boraas as fulfilling the: HDB's professional members requirement. Smalley was concerned that Malanaphy's "membership" could not be due to his not living in Kenai and that the Code requirement for members living outside,. the City had been filled. Clerk Freas explained Bittner was referring to meeting criteria as a consultant to the Board. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 18 Smalley also requested when the Board requires correspondence be written, it go through the city offices. Bookey agreed, the Board should not be sending out anything. Williams requested the information be included in the Board's packet for their December 15 meeting. 8-1. Regular Meeting of NOVOUber 2, 1994. Approved by consent agenda. Goals i objectives Mork Session of NOVOUber 2, 1994. Approved by consent agenda. COZtR1�BPQ�aNca None. a-1. Renal Bicentennial Visitors i Cultural center -- VV Light Reduction and Humidifier Requests. Councilwoman Swarner referred to the memorandum included in the packet from Building Official Bob Springer which discussed his findings of the requests submitted by the Visitors Center. Siwarner stated she would like a consultant from Brown's Electric to go to the building and inspect the lights. Measles statedhe would feel more comfortable with any decisions council makes if.a consultant first investigates the lighting. Kornelis stated he. believed Springer telephoned a representative at Brown's Electric, but he would check with Springer about the information he collected. Diane Ratbman - Reported the biggest problem they have at this., time is the windows.. The lighting problem can be solved by placing a sleeve over the tube. Williams questioned who identified the windows as a problem. Rathman answered she gave the information she had to a rep resentative from the Alaska State Museum and conferred with the conservator there. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 19 Williams stated he thought the biggest concern was the humidifier problem. Humidifiers can ruin exhibits. They are hard to control and maintain. He observed at the Juneau museum glasses. of water were placed in exhibits as a way to regulate. It's a temporary solution. Measles stated he understood the humidifier control was in the air conditioning system. Bookey stated it was not, that is a temperature and filtering system or dust control, but no humidity. Bookey added he was not comfortable in replacing the windows on the north side. Bookey added he was on the building committee before he was on the council. The committee discussed this. The architect guaranteed the direction, size and that the north light was museum quality light and there would be no problem. Bookey stated he felt this was another "got ya" with the engineering and design. Williams suggested the problem should be discussed with the engineer and architect. Rathman suggested a museum conservator inspect them as well. Bookey added he was not convinced there was that much of a problem. Williams suggested the problems be sent back to Kluge. and the museum conservator to discuss. Find out what the effects of humidifying the building would be, a plan for humidifying, and how the system would be installed. More information is needed. . for council to make a decision. December is a dark month and the light from the windows won't do as much damage. Now would be a good time to investigate. Monfor requested a consultant from Brown's Electric also investigate the lighting problems. Measles stated the cost is not that much for the investment they are protecting if it is what is needed to be done. There are other concerns about other fixtures and dimming the lights is not a solution to the problem. An expert is needed. Rathman stated the incandescent lights are not a problem because they can be turned down. Also they can use cool incandescents. That is not a cost consideration for council to worry about. The problem would be for the $378 for the sleeves on the fluorescent lights. The fluorescent lights do the most damage. Williams requested the information be brought back to Council for review later after it is found what to do, etc. Council agreed. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 20 0-2 itenai River Overlay Di®triot 52) - Request for Joint Work Discussed at D-6. (ItPR Ordinance No, 94• Session, BRPAX TAR=j 9:59 P.M. HACK TO ORDER: 10:13 P.M• Glacier Environmental CCMtract Amendment (Verbatim Williams: Of course you have a memorandum Acting City Manager and the Public Works Dire the packet from the Engineering Technician regarding this matter ctor and the We'll begin the discussion first of all, with Bring us up to date brieflyon Administration. meeting• We have Contract mendmment findings from the last cover letter from Glacier Environmental. and We also have a Kornelis: After the last council meeting council. Mr. Steve Miles, who is also in that e direction of Clark and Jack La Shot met together. audience, Rachel Part of the time, and discussed the amenddmment T o also was there No* i, which is in your council ' Contract Amendment Probably Rachel would be the bestacrkiet. answer that, I think Clark: I any questions._ have specificquestions.I don't have much to add to the memo, unless ss you Williams: Okay, there was one concern that I did seems to have been a considerable amount of discu have• There regarding. the withholding of funds, ssion currently withholdin It seems to me that the Cityis numbers may not be g $112'000. Correct me if some of the $1121000 for work com le d The City,s currently withholdin causing severe impact on their cash contractor feels that this is City to release withholdings as described They're urging the amendment presented to council which would leaveir contract $63#000 and the performance bond as security. the city with The very front ty • the city currently withholds that withholding 60$...let's see declares all the soil clean. o of each bid item until the ApEC to 90% which would leave the citytwithhc suggested releasing up withholding $640100 and by the RENAI CITY COUNCIL MEETING MINUTE NOVSMIBER 23, 1994 PAGE21 City's numbers, the default of the contractor would leave us with a bill of about $62,112. It seems as though the bill that we'd be left with at $62,OOo would *o'rro� would be covered .by the $63' or four whichever is.correct, 'and it wouldn't be necessary to withhold the full 112, That was one area they did look at pretty closely. Clark: You're saying that if we release the ten percent, if we up, if we released up to'90%, we'd still be keeping $64,000 and you're right. With my estimate and the contingency that, that would be covered. 80%.would give us a bigger cushion, but I don't know how much... Manninen: Let everybody know what the SO would be and what the Bannock: $93,000. Williams: Yeah, even $9.3,000 ah� I'm looking at it from the standpoint that the'$630'1000.or. $64.1006 would be sufficient to cover, plus it appears that there would be in fact the performance bond to fall back on. as well. so I question whether it's really necessary to withhold any more than what our. estimates are to complete the job as long as we have the performance bond in place. What I'm looking at, I guess I'm playing to the contractorts side of it because I don't want to see him injured too.much. In this case, if we go back over it, -there's been a tremendous amount of .injury to a lot of parties along the way and. this whole Job has turned out to be considerably different in all aspects than what we had earlier anticipated. I just; don't want to see our contractor, whols walked into something unexpectedly, be, get shafted in this.thing either along with everybody,. -else, Manninen: Based, based on that recommendation,.the sheet that was,passed out, just to put it on the record -.the City's prev►ioudly . paid., accor ing to RAhel a calculations, $116, 056.10 and if the city released.­80%, instead of any other.petcentage, the total payment would be,S219$074.80.. 5o Glacier would get $510.018. 70 and this amendment which, .4ould leave .$93', 020. 20 to, finish if Glacier d®fautlts in. addition to the performance bond. And, as well,all know -performance bonds may not be that easy to collect.on but that's t s what is in our -spec. I think the staff feels they can live with .the, the city could live with the t :1 KENAI CITY COUNCIL MEETING MIINUTES NOVEMBER 23, 1994 PAGE 22 $93,000 being withheld with the performance bond and that's the staff's recommendation, but it's up to the council to decide what they're going to accept. Williams: Councilwoman Monfor first. Monfor: Mr. Mayor, at our last council meeting, we gave this back to Administration to work out what they felt would be acceptable to the City and, and the contractor and I'd like to know, I know that now Public Works must feel fairly comfortable with this or they would not have brought it to us. I want to know how the attorney feels and I feel Mr. Manninen must also feel comfortable by the way he spoke at it. I don't think that we can go on and on with this all night long and it's not that I want to rush. This is a very serious issue. But why would we give it back to Administration to deal with and why would they bring it back if they don't feel comfortable. Williams: Well, I'm not saying they don't feel comfortable. I'm just saying I don't feel comfortable. Graves: Regarding the amount to be withheld, and that was a matter of some internal discussion with Public Works, myself, both Tom and Charlie. ,The reason the $93,000 amount arrived on was we didn't want to be in a situation where if Mr. Miles and Glacier defaulted, and we're not saying they are going to, that we came up short funding and had to call the performance bond, we wanted to make absolutely sure we had enough money to where we could just burn the soil and get rid of it and not have to call in the bond, even though you think it's good. We just want to' make that cushion. And even though it's going to be close at the. 62 figure, we all kind of felt like, why don't we build in a little cushion so we can come to council and say we're comfortable with this number if there is a default we think we can burn the soil within this parameter, so that's why we came to this number. Monfor: Okay. Thank you. Graves: And I feel, I feel better with the 93 number just to make sure we can tell you we're almost positive we have enough 40 money to burn the soil somewhere if a problem develops. And 63 would be cutting it close. Williams: Yes. • ICENAI CITY COUNCIL A!E$TING MINf7TES NOVgygER 23, 1994 PAGE 23 Bannock: Just just got handedouttoreal - one. something? on line two of the thing tha Kenai ACT file. ACT stands t Graves: for Activities. Bannock: Great. $9nnoc figure ' ndf the difference between the does Mr. Miles have an opini $6n th and the Miles: I would certainlyon on that? see fit. And a like to see much of the funds workcompleted like to see tou he as much as done our own cost completed to council release you disposal and our analysis for thermal date as possible. Rachel�s. thermal numbers are as and landfill we Thermals We think we can almost identical to Probably better landfill it for sli What we're proposin , the better solution cheaper. folks g for decided that wasn't extended treatment d to lthe problem if of course what oe8n t we would like You wanted to allow us r or You you to release as much as you s But Williams: Yeah, Ild, lid $ the figure of ay if both sides are see fit.. comfortable with2go00, Administration comfortable how much, $93,000?Ust wants to be Manninen: 93,020. Ultimately, Williams: Yeah. that we hit the Middle like to propose a contractor the rest, it and hold middle ground and say thatis deemed to That gives $78,000 out . contractor. be That b us $15,000 over anneS give Councilman BookbY both our people and the eookey; I m not f n believe.not agreement with that it at 930 but thereue �o at r' 11 even vote at fo 1. of going below 93. way that I would even Williams; Okay. An is whether to y further discussion. Amendment No. 1. the Administration to Manninen: tell when, 0 amend:gent The only when the this in fav entertain am idea The question before us go with Contract question that I have start-up date and we Could have are we in, that in Rachel. • ItENAI CITY COUNCIL MEETING MINUTES NOVBlISER 23, 1994 PAGE 24 Clark: They don't, like any contract, they don't really have a start-up date. Whenever they choose to start work and I would. hope that would be as soon as weather permitted in the spring, Miles: As soon as weather permits, we'll be back and we will make this problem go away as soon as possible. We're asking for an extension through the end of summer, but that's only so that we don't have to come back in the middle of summer and ask you for an additional extension. We want to be through with it as much as you. Manninen: In our discussion that we had briefly that morning after the last council meeting, I thought about it a little bit after that and thought the only incentive for the city and also for would be the earlier you start, the earlier you finish. You want to get out of here. We want to get the pile out of here. But we also have the question of whether we're going to forgive the penalties that have previously accrued and I guess, if the city says yes to that, it would be good faith oh your part to start early and to set a start date and if you don't start on the day you say you're going to start, then the penalties start up again. But, you know, that's just my thought. I didn't see anything in this agreement. Miles: I would have no problem with something like that. I wouldn't want to tell you I could be here May first starting if the treatment pond that we're dealing with is still frozen solid or covered with 50 inches of snow. Manninen: Just to get a date. Miles: If you're more comfortable with that, I wouldn't have a problem with it at all. Clark: What you consider starting, you're going to have to go through the whole work plan deal again and that's technically starting work on the project, but it's not strictly... Manninen: Start cleaning soil on site... Clark: Physically on site? Smalley: Actively cleaning soils. Clark: Okay. W y e can add that. Williams: Well., Excuse me just a minute.. The problem with starting dates is,. that we never know what we're going to start. That's why we talk about completion, dates. because we. want to know, when we're going to finish. There's oine'other:point I'want to., make .too in my once again addressing the:iss�ue of giving the contractor a little bit more money. As. I: recall, t.has been brought to my attention, that the, we actually.reduaed thib . contract by $100,000 to.this contractor.. His original contract,., I think, was supposed to go in at $400,000 and it'was reduced to $300,000. So he's making a considerably less profit of margin, margin of profit, if any at all by virtue of the fact that the contract was reduced by 25% to begin with. So we effectively have taken away from thecontractor a considerable amount .of earning power that he had anticipated in gaining. councilman Smalley. Smalley: Yeah. I don't disagree with that. l have a tendency. to-Isupport that.except I,.1 think lou'like Councilman Bookey, I don't think I':a wiil.ingt especially in eight. of listening to Public Works, ..city administration# -city atttornmy and city manger, I would probably hold'up the 93, Q2b.: , But - the question on liquid damages.* if..we just call them by the wayside, they: won't be assessed and then we .get to that . date of September I..as spoken here at item 1 of the. amended contract, ado we then pickup at the $300 rate or does it go back.to the $100 rate for a time frame, since, there was no actual assessed damages. Graves: After September -1, 1995, ., it would be..$300 per day. From. the period of September..30,to November 24th it would be the -old rate of $100 per day, which I think calculates to.about $54000 Smalley: So that would automatically go'into effect... Graves: The contract amendment does not say we, we must a0,8esss those past liquidated'damages-0 'it says we may, So that decision won't be made until at the end of the contract whether or not, essentially the . council wants► to assess that , $5400 ppnarl,ty. Smalley: Thank you* Williams* Makes it pretty tough on the. contractor all the ,way, i around.. ' Bookey: .It was a bid proQess..., r r , i 11 • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 26 Williams: I know, but as I said before, we made it awfully tough• on the contractor by reducing his contract by a considerable.. amount by putting in threatening and intimidating language with regards to, we might just come back to get you with another penalty... Bookey: If the job had been done at this point, we wouldn't even be through with this. Williams: But, we may not have presented the contract with the proper information going in either. That's the other side. It's quite obvious that somebody screwed up the information going in. Councilman Bannock. Bannock: Going back to that contract time and liquidated damages. I'm a little concerned where it says about "may. be assessed." Who, how, how could you sign a contract where $5400 is yet to be decided. Graves: Well, I, I think it means we have the right to as eaIa it, but we.haven't made the decision whether or not we're:going. to exercise that right and the reason that was done was because in the future there may be costs related with the site assessment. that are increased because of the delay in this process,...'We., don't know that yet. And I think Rachel and I and everyone thought we wanted the right to recoup some of that extra.post so that come November when this contract is done, we could say, we . had to spend 3,000 more dollars doing the site assessment.beoause of this delay so we want to recoup that $3,000 by assessing: liquidated damages. But it may be that we don't really need to spend that money so council may not want to do that. Thatla why we wrote it that way...to give the council an option and to not charge liquidated damages if the council doesn't feel that they should be. Bannock: Mr. Miles, would you sign this Contract Amendment No. 1 the way that it's written? Miles: Yes. Really the only question I have would, about the wording of the amendment would be the language regarding ,our delay of thn site assessment. The language is put in the thing says that we'll be responsible for the cost of any other contractor working on site. Ah, I'm not aware of any other. contractors coming on site except GeoEngineers and I'm certainly understand and certainly agree that if GeoEngineers work is L7- • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 27 delayed or because of my continued presence on the site, it costs the city more, that I should,be responsible for that, but, you know*,** Bannock: And, do we, do we make reference that that's what "may be assessed' is contingent upon. I don't understand this.. The winds of change could come in and we could $ay, ,0hen he's done in the middle of August in 1995, what would prevent us from saying, we decided we want that 5400 extra penalty dallars. I mean, is there anything that says, okay, we're going after the $5400 if we, if as a result of this delay, we're in the ditch. Graves: it's our option... Bannock: That's scary to me. Graves: Because the contract has already been delayed and hasn't be amended, those liquidated.,damages.have accrued... Bannock: Correct. Graves: ...We have not assessed them. We are just maintaining the right to collect them.... Bannock: The meter's running.right.now, as I understand it. Graves: Yeah. The meter's running right now. We_'re just saying we're willing to stop the meter from now until November. Bannock: No. Smalley: September 1... Bannock: Oh, September'l of 95. Okay. Good.: Williams: okay, further discussion of council?. All right, ,first we'll need a motion to accept -the contract amendment. Councilman Smalley. (Bad of verbatim) El • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 231 1994 PAGE 28 NOTION$ Councilmen Smalley M0V.XD that the City of Kenai contract.Amendment'No. i with the City of kenai Environmental Services as indicated in Item G-30' Measles 88COM ENCI the motion, enter into a and Glacier Councilman Councilman Smalley asked if a second amendment would be needed to indicate the city will be withholding 804 in the amount of $930020. Measles stated that is part of the contract amendment. Williams stated he would vote no on the motion because of the amount of money being withheld and the knowledge of the reduction in the original contract. VOT1R t Bannock: Yes Bookey: Yes Measles:. Yee NOTION VA08ED. Smalley: Yes Swarner: No Williams: No Monfort you 6-40 Resolution no, 94-65 - Awarding a Contract to GeoEngineers, Inc., for Environmental services on Lots 13 and Lot 14, CIIAP Site Assessment, 1994 Project for a Nat -to -Exceed Amount of $27,580.00... NOTIONS - Councilman Smalley M0VXD to remove Resolution No. 94-65 from the table and. bring it back before council. Measles referred to the memorandum included in the packet where':. it stated "GeoEngineers believes they will be able to do the site assessment through the liners, etc." Measles stated he did not want to approve the resolution on a "believe they can,do it." Clark stated they can do the work through the liner in the working area but not underneath the pond. If Phase I shows they need to.do a boring, it would be delayed until the .ponds removed. They are aware of this and they estimated $500 to tape a boring if it is necessary.: The full site assessment would not be completed until mid -summer. • KBNAI CITY COONCIL M88TIMG MINUT88 NOVSMB$R 23v 1994 PAGE 29 Smalley asked if the assessment would be delayed and ,it . coat the . . city additional money would it be appropriate to go back to Glacier to recoup the morwy, Graves stated yes,'that4s what they had in wind when they discussed the amount to withhold -- to cover,costs such as those* aookey.asked if any costs above.$5400 were expected. Clark stated no. vows $ Councilman Smalley requested UUMNOUS CONSENT. There were no objections. SO ORDMOD. 8-1* Sills to be Poid, Dille to be Ratifi`d . NOTION! Councilman Smalley NOV3D to pay.the bills and Councilwoman Montor. sXCONDSa the motion. There were no objections. so. 0. R-Z. Purc halo orders, R#coeeding 01, 000 NOVZOitt Councilman Bannock reminded council the purchase -order to Truckwell for snowplows should be removed from the list. 310TION S Councilman Smalley NOYBD to approve H-2 with the deletion of Truckwell and correction of .the information included. in the parentheses at,'the Ashley Reed purchase order. Councilman Bannock 000NDHD the motion. . Th�ere' were no objections*` so oRDO.: . Ordinance Mo. 1e15-94 - Amending Subdivision Regulations, Section 14.10.010 General of the Kenai.:. Municipal Code. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES NOV MBER 23, 1994 PAGE 30 8-4. Ordinanoa No. 1616-94 - Increasing Estimated Revenues and Appropriations by $22,475 in the General Find for Traffic Enforcement Equipment. Approved by consent agenda. 8-56 Ordinance No. 1627-94 - Increasing Estimated Revenues and Appropriations by $53,376 in the General Fund for Salaries and Overtime for Removal of Snow Berms from Driveways. Removed from consent agenda as discussed at the beginning of the meeting. The ordinance introduction failed unanimously. Discussion - Draft Ordinance Amending the Kenai Municipal Code to Formalize City Policy Regarding Authority of the Finance Director to Control Disbursements and Expenditures. Williams requested the item be removed from the agenda until Finance Director Brown returns. XOTZON: Councilman Bookey MOVED to remove the item from the agenda and Councilwoman Monfor ONCONDED the motion. There were no objections. BO ORDERED. Discussion - Extension of Taxiway F to Civil Air Patrol Hangar. Williams referred to the memorandum and letter included in the packet. Ernst stated there would be no financing for the project. The monies would be taken from the Airport Fund. They originally tried to get AIP funding for the project, but FAA said no. CAP was told to come back to the Airport Commission and request use of Airport Funds. Ernst stated the engineering of the project is partially done. CAP would like the remainder of the engineering to be done in- house in order to get it to bid. Tom Thibodeau - Airport Commission Chairperson. Stated he has been involved with the project through the CAP and the Airport Commission. Thibodeau explained the CAP tried to get funding for the project but was not successful. Their operating funding from eKENAI CITY COUNCIL MEETING MINUTE NOVEMBER 23, 1994 S PAGE 31 the State has been decreased every year. The work that has done so far on the drawingsbe , etc. has been volunteered. been Thibodeau referred to the letter included in the packet. The taxiway is very bad during break-up. In the summer it is very dusty and they have problems with gravel being sucked into the rotors and engines. The CAP area is on City of Kenai property, however it has been designated for use by the CAP forever. Thibodeau discussed the activities of the CAP and added the Coast Guard and State Troopers also use their building, etc. Thibodeau referred to engineer drawings which he distributed. CAP has planted grass on part of the area and will grass other side in the summer. It is estimated the cost ofthehe project would be $50,000. Thibodeau requested the City recognize the need and allow use of Airport Funds to pay for the project costs. Smalley asked Ernst if he had any concerns about the subsoil on the south end of the runway as it gets closer to the drainage. Ernst stated he would leave that to the engineer. He believed the soil would need to be tested. Ernst added the property is in perpetuity. There is no need to go bigger than 30 feet. The City would probably hire someone to do a core sampling. Ernst added Henry Knackstedt is a member of the CAP, Airport Commission and is an engineer. He may be able to volunteer his time to do the sampling. Ernst stated he would like direction from council as to tk�e use of Airport Funds and if the work can be done in house. If Council approves, he will work with La Shot and Knackstedt. Henry Knackstedt was in the audience. donate his time to put together the speKnackstedt stated he would Bookey stated he was not opposed to the t, but concerned about the subsoil. The costs couldcescalateaif th is a problem with them. ere MOTIONS Councilman Smalley MOVgD to support this Airport Funds but prior to expenditure, thesubsoilswit use of ils need to be • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 32 checked. Councilman Bookey BECONDED the motion. Councilman Smalley requested tlMIM008 CON92M. There were no objections. 80 ORDERED. a. National League of Cities - Referred to a letter distributed at the beginning of the meeting thanking the city for its involvement in National Unfunded Mandates Week. b. Department of Environmental Conservation Letter - Referred to a letter distributed at the beginning of the meeting regarding request for additional public review of proposed changes to Alaskals air quality regulations. c. Display Case - Williams discussed the need for additional curio cabinet space. A memorandum from Kornelis was included in the packet with two prices from two businesses. There was no objections from council to purchase the cabinet. Kornelis was requested to have a purchase order for the work included in the next council packet. d. Zoe Rink Feasibility study - Williams reported the EDD was looking for funding to have a feasibility study done fore placing ice rinks on the Peninsula. They have received commitments from Homer, Seward, KPHA, etc. for donations. Williams requested the City donate $1,000 toward the study costs. MOTION8 Councilman Bookey MOVED to donate $1,000 for an ice rink feasibility study. Councilman Smalley 88CONDED the motion. There were no objections. 80 ORDERED. e. Ratification of Goals % Objectives - Clerk Preas referred to Attachment A of the notes from the November 22, 1994 work session which listed the short-term and long-term goals council defined at that work session. MOTION: Co uncilwoman Monfor MOVED for approval of the short-term and long-term goals and objectives listed in Attachment A of the • KENAI CITY NOVEMBER 23 COUNCIL MEETING MINUTES PAGE 33 ' 1994 minutes from the November 22 1 Councilman Small8o ORD=11D. Ts • 994 council objections. Y 88COND8D the motion. work session. There were no f• Piaaaoe De ratification of direction givCnmputer - 1994 work session in regard by counciilatatherequested the Finance Department, d to the purchase of November 22, a new computer for MOTIONS Councilwoman Monfor that Department and FinanceVDirecto the Administration Fi when he feels it is appropriate Brown order the 000 C 199g. Councilman Smalley and have it in service D computer objections. 80 ORD Y BgCONDgD the motion. by June 1• �gD• There were no g • CIP "Bt Back-up Material - Williams re 1994 work session in given by council at bested Information of CIP regard to the compilingNovember 22 legislators, state Officst esojeCts for distributionh backup • etc. to the MOTIONS Councilwoman Monfor MO information of CIP list for Administration to compile state offices, etc. prOjeCts for distribution tp ile backup There Were Councilman Measles "CO egislators, no objections. eo ORDERED. NDBD the motion. he given Video - Williams re direction g n by council at t quested ratification In regard to disbursement of he November 22 °f the new sit • 1994 work session J10TZONs Y videos. Councilwoman Monfor MOpgD to distribute library for check-out and the i tribute two city the Visitors Center- one to rater-13brary loavideos to the Council; one to EDD, one to Tourism andMarketing one to Coucity's use, and making Chamber of l h mailman smalls g 14 may mn►erce, old 30 for the Y BECONDEp they be sold for $25.00 objections. 80 ORDDRED. motion. per copy. There were no i. Aii-America city - Williams reported he rece Y of Barrow, for assistance in theiriVed a request from the ri KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 34 application for All -America City status. Williams suggested Clerk Freas travel to Barrow to help them. Williams stated a representative from their office is to call on Monday and talk with Freas. J. National League of cities conference - Williams reported he was offered airline tickets, etc, for an additional person from the city to attend the NLC conference in.Minneapolis next week. Mayor Lancaster is now unable to attend and asked if Kenai would want to purchase their tickets, etc. Consensus of council was no thank you, k. student ®ovoranont Day - Williams reminded council December 7'is Student Government Day, 1. Additional Restroos at Softball Field - Williams referred to Information Item No. 12 in which Public Works included an estimate for the design and construction of an additional restroom at the softball field.. Cost -is less due to the in-house design. Council consensus was to have the reatroom facility designed in-housei m. x40hinery Mbibit Building - Williams referred.to the same memorandum which also included material costs ono labor) for the building of an exhibit building to hold historical machijnes. Council requested to not speak to this item at this meeting. Williams requested it be brought back for discussion at the December 7 meeting. There were no objections. t-Z . City (tanager a. Unocal Lotter - Manninen stated there were two things: One was the November 15th Unocal letter discussing an Exchange Agreement that Unocal has with marathon, effective December first. Manninen stated it was I-2 on the agenda and requested Councils feeling on it. No clear direction was given. b. Western Geophysical ReVesst - Manninen referred to the letter included in the packet from Western Geophysical. Williams stated council may recall that the city owns certain properties from which royalties are collected which they will want to test. A short discussion followed. • io KENAI CITY COUNCIL MEETING MINUTES NOVENBER 231 1994 PAGE 35 Councilman Measles sugg@steelanninen sign asked if it was ]mown what kind of geophYeiaal greement. eoakey doing, i.e. blasting Me8sleS stated it would k they will be thumpers above the ground. be air and X'39 Attorney Graves stated he received a telephone call from Roberts who complained the Dispatch has been th a Clarence in his driveway and requested Graves r°wing their paper council. Graves told Roberts that heWould. information on to _'4• City Clerk Freas reported she received a telephone call f Rubadeau is working on Governor -elect Knowie$� tm Bob Rubadeau. Rubadeau asked she pass on his hello. transition team. ='5• Finance Director Acting Finance Director Feltnan.reported she Municipal Finance Officers conference in June$ttended the reported Finance Director 8rown had been appointed Feltman also year term on the AML Investment Hoard. ppointed to a three"' •blia Works Director Kornelis referred to the following info a. Info item 17 - regarding safetrmation item b• Info Item i8 - regarding OSHA s plan update. inspection schedule. afety.consultation c• Info Item 3 - DNR denial letter far Cone property. grant request on d. Info item 19 - He was r send these letters regarding wateegwellsd by the. city manager to Kornelis also reported the City auction brought grader was purchased for a city in $50,000... The t-7. Airport Manager Ernst reported he had received a sob could not find the overflow parkin plaint from a traveler who 40Dutch Harbor they don't have a g wanted Ernst to know in here. big parking problem like the do y KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1994 PAGE 36 ZT= as D18C9fiPJ= J-1. Citi$ons Bob peters - Referred to the trip report from the Corps of Engineers representative who reviewed the bluff erosion in Kenai.. Peters suggested the city begin the permit process in order to propose something to be done. Kornelis stated he could begin preliminary engineering, however drawings would have to be submitted. A budget could also be required to be submitted. Dave scarp - Reported the Tourism & Marketing Council has 340 .' members and has received 10,000 requests for tourism information. He will supply the city with their new planners guide. They will be trying to bring in conventions, etc. to the Kenai Peninsula. They plan to be more active in the infra -structure role on the Peninsula. J-a, council Dookey - No report. 8warner - No report. Nonpor - No report. M*asles - No report. Bannock - No report. Smalley - Wished Clerk Freas happy birthday. The meeting adjourned at approximately 11:30 p.m. Minutes transcribed and submitted by: 0