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HomeMy WebLinkAbout1993-03-17 Council Minutes.r • KENAI CITY COUNCIL - REGULAR MEETING MARCH 17, 1993 7i 00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk M are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. GCHEDULED PUBLIC COMMENT (10 Minutes) 1. Alaska Municipal Management Association - Presentation of Bill Brighton Memorial, C. PUBLIC HEARINGS 1. Ordinance No. 1531-93 - Amending the Membership Requirements for the Kenai Airport Commission. 2. 1993 Liquor License Renewal Application - Larry's Club - Beverage Dispensary. 3. 1993 Liquor License Renewal Application - Elks Lodge #2425 - Club. 4. 1993 Liquor License Renewal Application - Kenai Merit inn - Beverage Dispensary/Tourism. 5. 1993 Liquor License Renewal Application - Kenai Joe's - Beverage Dispensary. 6. 1993 Liquor License Renewal Application - Mr. D's - Beverage Dispensary/Tourism. 7. *1993 Liquor License Application Renewal - Italian Gardens - Restaurant/Eating Place. -1- 0 . • 1r • 8. *1993 Liquor License Application Renewal - Alaskalanes/ Recreational Site 9. *1993 Games of Chance and Contests of Skill Permit Application - Alaska Chapter National Multiple Sclerosis Society. I. Council on.Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. XIMME6 1. *Regular Meeting of March 3, 1993. a. OLD sIIarl88s s* ramaUs N880 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1532-93 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building, 4. Approval - Kenai Airport Fuel Services - Special Use Permit, 5. Approval - a. SouthCentral Air - Request for Mutual Rescission and Release (Spaces 28 and 29, Kenai Municipal Airport). b. Mark Air - Request for SouthCentral Air Space at Terminal. -2 - • C� 6. Approval - Easement Reservation, Lot 2, Block 3, Beluga Subdivision - Steve C. Gilles. 7. Approval - Right -of -Way Acquisition - overland Avenue, U.S. Survey 1435 (Fish & Wildlife Buildings). � _ Zl_ J.. � .1. 1 � • 1 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DI8CII80ION 1. Citizens (five minutes) 2. Council -3.. • • KENAI CITY COUNCIL RROMM MEETINGS MARCH 171 1993 7:00 B.M. KENAI CITY COUNCIL CHANDUB MAYOR JOHN J• WXLLtAMBv PRESIDING Y. .a.. _iw.. • ..1_ b \. Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. VM� NONE* c • �� c _� _.i - Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL. CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Monfor, Measles, McComsey, and Smalley. A-5. Mayor Williams requested the following changes to the agenda: ADD: H-5b - Mark Air - Request for BouthCentral Air Space at Terminal - Additional Information. N-8 - Discussion - Kenai Peninsula Borough Assembly Resolution No. 93-24, "A Resolution Supporting a Request by Tesoro Alaska and Mapco for Capital Credit." (Passed Unanimously by the Assembly on 3/16/93.) REMOVE: C-2. 1993 Liquor License ReneWal - Larry's Club - Beverage Dispensary (add to Consent Agenda). C-3, 1993 Liquor License ReneWai - Kenai Elks Lodge #2425 (add to Consent Agenda). MOTION$ Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There were no objections. So ORDERED, A-6. Mayor Williams requested the following change to the Consent Agenda: ADD: C-2, 1993 Liquor License Renowal - Larry's Club - Beverage Dispensary (Telephonic notification from Borough that they were current as of that afternoon.) • 1� KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 2 C-3, 1993 Liquor License Renewal - Kenai Elks Lodge #2425 (KPB letter of non -objection). C-Sp 1993 Liquor License Renewal - Alaskalanes - Additional information (KPB letter of non -objection). C-10, 1993 dames of Chance and Contests of skill Permit Application - Alaska Peace Officers Association, Kenai Chapter. MOTIONt Councilman McComsey MOVED for approval of the amended Consent Agenda and Councilman Smalley BECCODED the motion. There were no objections. 80 ORDERED. 8-1. Alaska Municipal Management Association - Presentation of Bill Brighton Memorial. . Rich Underkofler, Soldotna City Manager, presented a framed picture of Bill Brighton, City Manager of the City of Kenai. The picture was provided by the Alaska Municipal Management Association as a memorial to Mr. Brighton for the contributions made to the Association, the City of Kenai, the state, .city and borough managers and administrative people. Mr. Underkofler added Mr. Brighton was a role model and a hero. Mr. Underkofler referred to the Alaska Municipal Management Association's Ethical Statement which characterized their association with Mr. Brighton. Mayor Williams accepted the memorial and thanked Mr. Underkofler and the Alaska Municipal Management Association. Williams added that Mr. Brighton was trusted and is credited for the tremendous position the City of Kenai is in today. Williams added that Mr. Brighton will always be remembered in this community. • KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 3 C-10 Ordinance No. IS31-93 - Amending the Membership Requirements for the Kenai Airport Commission. MOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1531-93 and Councilman McComsey SECONDED the motion. There were no public or council comments. VOTES Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PROBED UNANIMOUSLY* C-2, 1993 Liquor License Renewal Application - Larry's Club - Beverage Dispensary. Added to and approved by consent agenda. C-39 1993 Liquor License Renewal Application - Elks Lodge #2425 - Club. Added to and approved by consent agenda. C-4. 1993 Liquor License Renewal Application - Kenai Merit Inn - Beverage Dispensary/Tourism. Clerk Freas stated that she was advised by the Borough late in the afternoon, that the Kenai Merit Inn was missing three filings. The City must respond to the Alcoholic Control Board by April 3. Freas suggested a motion stating that if payment is not made by April 3, 1993, a letter of protest be forwarded to the Alcoholic Control Board. If the applicant becomes current by April 3, 1993, a letter of non -objection be forwarded. MOTION: Councilman Smalley MOVED that Clerk Freas forward a letter of protest to the Alcoholic Control Board if the applicant does not come current by April 3, 1993. If the applicant becomes current • KENAI CITY COUNCIL MARCH 17, 1993 PAGE 4 MEETING MINUTES by April 3, 1993, a letter of non - Councilwoman Swarner SECONDED the motiocnion be forwarded. objections. SO ORDERED, There were no C-5• 1993 Liquor LiceAae Renewal A ii Beverage Dispensary, pp cation - Kenai Toets - Clerk Freas stated the afternoon, tha must respond to th suggested a motion MOTION: t e that she was advised by the Borough late i Kenai Joe,s was missing one filing.n Alcoholic Control Board b 3. The City similar to the one for the Kenai MeritFInns . Councilwoman Swarner MOVED Control lCgoardFreas forward a letter of protest to the Alcoholic Co come current by April 3 if the applicant does not by April 3, 1993, a letter Of applicant becomes current Councilman Measles SECONDED the motionati�hebe forwarded. objections. SO ORDERED re Were no C-69 1993 Liquor Lioeaae Reneval A Beverage Dispenoary/Tourism. Application - Mr. Des am Clerk Freas stated she was advised by the B afternoon, that Mr. Des was owing sales taxorough late in the tax, and real property tax. � Personal Marilyn Talma e o Freas also reported to Council that afternoon requestingeCounciletfacilit sent a day extension in order o ask the ABC Board tfor in the that she would have more time in whichto bring the amounts current. Freas also re she received a copy of $ letter from Gina Drted to council that to Mrs. Talmage stating that the erleth of the Borough 1993. If payments are not made y will expect payment by April 1, protest. When payments are made and thelamousue a letter of they will remove their protest. nts brought current, MOTION: Councilwoman Swarner MOVED to write a letter all is paid by April 3, 1993, of non -objection if motion. Councilman There were no objections. HO ORDER SECONDED the ED. I • • • KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 5 C-7. 1993 Liquor License Application Renewal - Italian Gardens - Restaurant/Eating Place. Approved by Consent Agenda, 1993 Liquor License Application Renewal - Alaskalanes/ Recreational Site Approved by Consent Agenda. C-9. 1993 Games of Chance and Contests of skill permit Application - Alaska Chapter National Multiple Sclerosis Society. Approved by Consent Agenda. C-10. 1993 Games of Chance and Contests of skill Permit Application - Alaska Peace Officers Association, Kenai Chapter. Added to and approved by Consent Agenda, ITEM Ds COMMI68IQNUCOM�I,,,1720 REPORT$ D-1. Council on Aging Councilwoman Swarner reported that minutes of the last meeting were included in the packet. Swarner added that a no -smoking policy for the facility will become effective April 1, 1993. Swarner advised council to review memorial plaque/million dollar club information included in the packet. The Council on Aging is considering such a project. Executive Director Porter added that the facility already involved in this fundraiser is doing it because of less monies available through the state, etc. Porter added that it is her intent to follow through with the recommendation of the Council on Aging in regard to the no - smoking policy, unless the City Council directs her differently. There were no comments from City Council, D-a. Airport Commission Airport Manager Ernst and Councilman Measles were not in attendance at the last meeting. Acting City Manager Brown stated A • • KENAI CITY COUNCIL MEETING MINUTES MARCH 171 1993 PAGE 6 that there was no quorum. However, there was a work session and the substance of that session has been set as a discussion item at H-4. D-3. Harbor Commission Public Works Director Kornelis stated that there was no meeting as there was no business to discuss. D-4. Library Commission Councilwoman Monfor stated the minutes of their last meeting were included in the packet, as well as an end -of -month report. D-8. Parks & Recreation Commission Parks & Recreation Director McGillivray stated that a meeting was held the previous night and the minutes will be in the next packet. D-6. Planning & zoning Commission Councilman Smalley reported that an action agenda was included in the packet. Smalley reported a public hearing was postponed on AAA/Alaska Cab's conditional use permit application as there were some objections. Time is being given for the business owner and neighbors to work the problems out. The item will be heard again at their next meeting. Smalley added that he explained to the Commission the override of their decision in regard to the Carr's sign. Smalley also reported that a work session was held following the P&Z meeting. The work session was with the Townsite Historic Task Force. Together they reviewed the changes to the ordinance and boundary suggested by the Task Force. There was some discussion in regard to stricter enforcement of access to the beach in order to better protect the dunes. Chief Morris stated that their seasonal enforcement officer patrols that area. Smalley stated that the consensus of the Townsite Historic Task Force felt their proposal was what they want to present. The proposal will now be reviewed by P&Z and then on to Council. Williams referred to the resignation of Paul Hanson from the Planning & Zoning Commission which was included in the packet. A copy of the commission application of Jack Castimore was also • 0 KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 7 included in the packet. Williams recommended Castimore be placed on the commission. Councilman Measles suggested that assignment be held to see if more applications may be received. Williams stated he would hold the assignment until the next meeting. D-7. Miscellaneous Commissions and Committees Swarner reported the minutes of the last Beautification Committee meeting were in the packet. Williams stated that he will compose a proclamation for the "Kenai - Vision of Beauty" theme of the Chamber of Commerce Fourth of July Parade, as well as a resolution for the,April 7, 1993 council meeting. The proclamation will be presented at the April 14, 1993 Chamber luncheon. Williams asked if the council had any objections to the Beautification Committees "lilacs and roses" planting plan for the summer. There were no objections. =TEN Ea Mi OT 8 E-1. Regular Meeting of March 3, 1993. Approved by Consent Agenda. None. ITSH Q I OLD- Bys-ZHE88_ None. 8-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 8 H-2. Purchase Orders Exceeding $1,000 NOTION = Councilman Measles MOVED for approval of the purchase orders over $1,000 and Councilwoman Monfor BECONDED the motion. There were no objections. 80 ORDERED, 8-3. Ordinance No. 1532-93 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building. Approved by consent agenda. 8-4. Approval - Kenai Airport Fuel Services - Special Use Permit. Brown referred the Council to the backup information presented in qW the packet, which included a copy of the proposed special use permit. The permit will allow for a non-exclusive use of 100 ft. in the front of two lots (Lot 4, Block 1 FBO Subdivision and Lot 3A-1, FBO Subdivision, South Addition No. 2). The permit will allow this area to be used for fueling aircraft. Kenai Airport Fuel Services will move their underground fuel tanks. The underground tanks will continue to be used for fueling aircraft from the special use area. Kenai Airport Fuel Services will be closing the road from time to time as they fuel. There were some regulatory problems with FAA, Airport Regulations and fire codes, but they believe the use as stated in the permit will work. Brown added that the owners of Kenai Airport Fuel Services understand the permit and agree. (It was noted that Mr. Eichholtz and Mr. Pitts were in the audience and were shaking their heads in agreement.) NOTION: Councilman McCemsey MOVED that Council accept the suggestions of the City Manager and people involved. Councilwoman Monfor SECONDED the motion. Smalley asked if the use of the road will present problems for other lessees. Brown stated the road will be closed while fueling takes place. This will be a minimum amount of time. Brown added that the road is not used a great deal by vehicular traffic and not on a continuous basis. They believe that the KENAI CITY COUNCIL MEETING MINUTES MARCH 178 1993 PAGE 9 inconvenience to others will be minimized by closing the road at those times. Smalley asked if other lessees will be inconvenienced. Airport Manager Ernst stated there are a minimum amount of tenants who will be inconvenienced (ERA, Federal Express and FAA). There are no other leased areas. The permit will be reviewed again in five years which is the duration of the permit. Ernst added that some of the inconvenience will be eased by the placement of electric gates. Ernst stated the roadway must be there and at this time it is a compromise. s Williams asked if there were other access points further up. Ernst stated they do not keep that road open in the winter. Additional users of the ramp are Unocal and ARCO and they use the ramp beyond the fish haul and tower. They have a special use permit and exclusive use. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. 80 ORDERgD. H-5. Approval - S-5a. SouthCentral Air - Request for Mutual Rescission and Release (Spaces 28 and 29, Kenai Municipal Airport), NOTION: Councilman Measles MOVED for approval of the request for mutual rescission and release of Southcentral Air, Inc. for lease spaces 28 and 29 in the Kenai Airport Terminal. Councilman Smalley SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONBENT. There were no objections. 80 ORDERED. H-5b. Mark Air - Request for SouthCentral Air Space at Terminal. NOTION: Councilman Measles MOVED for approval of the request from Mark Air to acquire the lease space formerly leased by SouthCentral Air at the airport terminal. Councilwoman Monfor SECONDED the motion. 40 Attorney Graves stated that Mark Air would like to rent the airport terminal spaces from which SouthCentral Air rescinded. KENAI CITY MARCH 17, PAGE 10 COUNCIL MEETING MINUTES 1993 Mark Air feels it is a better location. Graves added that they believe funds can be released from the Bankruptcy Court in order that back taxes may be paid. Graves referred to the letter received from Mark Air and added to this item at the beginning of the meeting. Graves stated that the wording in the letter was unfortunate. Administrative Assistant Howard added that Ms. Bradley (Mark Air properties manager) has been very cordial and wants to work with the City. Brown added that Mark Air made a payment on the lease and only taxes are owed at this times. Williams stated that the Court will have to release funds to pay the taxes. The court process takes approximately three weeks. Williams suggested that Council could take a position based on the actions of the court. e Measles stated he did not think the court will determine need for action on a new lease due to the fact that the existing lease does not expire until June 1993. Measles added that he did not think anything should be done until the end of the existing lease and a change would not be done then if they have not paid their taxes. Williams asked Graves if the Bankruptcy Court views taxes owed to municipalities differently. Graves stated that the judge will look at whether paying the taxes will help get them out of bankruptcy. Measles stated the vacancy of the spaces should be advertised for lease to see if anyone else wants the space, consistent with how other leases are handled. Ernst stated that the terminal spaces are not bid. Ernst added that FAA requires the city to accommodate the airlines without a bid process. Measles asked how the lessees were placed when the area was first opened. Brown stated the car rental and airline space rental amounts were set by council about five years ago. Ernst stated the car rental agency's space positioning was set by a drawing. Measles stated his concern that the city should see if anyone else is interested in that space. Measles added that the city is not refusing space to anyone. Measles asked that administration be directed to advertise the ISspace availability to determine if there is other interest in airline counter space at the airport. Williams stated that will give Mark Air an opportunity to respond. Smalley suggested that 0- KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993- PAGE 11 it be explained to Mark Air administratively that when they are current with their taxes they should ask again. H-6. Approval - Easement Reservation, Lot 2, Block 3, Beluga Subdivision - Steve C. Gilles. Smalley asked if this easement request had been reviewed by the Planning & Zoning Commission and if not, why not. Smalley added he did not remember seeing it on the Planning & Zoning meeting agendas. Administration had no response. MOTION: Councilman Measles MOVED to refer the easement request to the Planning & Zoning Commission. Councilwoman Swarner SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. R-7. Approval - Right -of -Way Acquisition - overland Avenue, U.S. Survey 1435 (Fish & Wildlife Buildings). Williams stated in the past years, the Kenai Natives Association, Inc., Cook Inlet Region, Inc. and the City have all requested this property. Williams added he is not in favor of paying Fish & Wildlife. Williams asked if a bill had been forwarded to the City. Brown stated no. Smalley and Measles stated the city did not want to pay. There was no further discussion. H-8. 9-8 - Discussion - Kenai Peninsula Borough Assembly Resolution No. 93-24, "A Resolution Supporting a Request by Tesoro Alaska and Mapco for Capital Credit." (Passed Unanimously by the Assembly on 3/16/93.) MOTION: Councilman Smalley MOVED to support this resolution by the Borough and Councilman McComsey SECONDED the motion. Measles and Williams abstained. Williams requested that Councilwoman Monfor take the gavel. Williams and Measles left the room. Smalley asked if a resolution should be brought forward at the next council meeting. Monfor stated no, a letter of support. Discussion followed. Smalley asked if supporting this resolution KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 12 could negate funds to the city from the state. McComsey stated he did not believe so. McComsey stated he believed the resolution should be supported because they have a value-added facility here. VOTES Williams: Abstained Bookey: Yes Monfor: Yes Measles: Abstained Swarner. Yes Smalley: Yes McComsey: Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:07 p.m. BACK TO ORDER: 8:15 p.m. Williams reassumed the gavel. ITEMS B►AMINXMIRATION REPO TS I-1. Mayor a. Trip report. Williams reported that he had just returned from Juneau (Job Training Council). Williams stated there is little movement in regard to major bills. Nothing has been discussed in regard to the capital budget. Williams stated there is a major move to bring AML to the Kenai/Soldotna area. Williams added that if Kenai/Soldotna does not take the conference, it will again be in Juneau. Williams stated he is working with John Torgerson to organize the conference. They are planning to rent the old Carres Mall. Williams stated they have discussed giving our airline funds to AML in order to bring them here. They will be meeting again on April 5 at the Borough Mayor's office. Williams asked council's feelings. Monfor approved. Swarner stated she spoke with Sue Carter and she is also working on the organization of the conference. b. Wildwood Correctional Facility. Williams stated he spoke with the city vs lobbyist and legislators regarding Wildwood. There is very little movement by the House to reopen the facility. The Speaker is opposed to the reopening. stated he spoke with the Speaker and there were several things ams brought to his attention of which he was not previously aware. • • KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 13 However, Williams stated he did not believe they were correct in their assumptions. Williams added that the Governor will be in Kenai on Friday, March 26. Williams is trying to put together a meeting with Navarre, Salo, the Commissioner of Corrections, and the Governor in regard to Wildwood. C. Prayer Luncheon. Williams reported there will be a prayer luncheon with the Governor in Kenai on Friday, March 26. Officials are to meet with the Governor at 11:15 a.m. at the Kenai Merit Inn. d. Pakhalin island Visitors. Williams reported he will have dinner with Russian visitors Thursday evening, March 18. e. Kenai Peninsula caucus. Williams referred to Council's decision at an earlier meeting to discontinue membership in the Kenai Peninsula Caucus. Williams stated his support for the Caucus and their mission. Williams stated he would discuss this item again with council during budget sessions and hopes Council will reverse their decision. t-a. City Manager Brown stated that the budget schedule was included in the packet at item I-5. Williams referred back to information included in the packet requesting input regarding a number of Governor Hickel's top priority legislative proposals, i.e. Educational Facilities Maintenance and Construction Fund; "Alaska 2000" package; Capital Matching Grant Program; Dedicated Transportation Fund; Phase -Out of Eligibility for Longevity Bonus Program; Alaska Energy Authority Restructuring; University Deferred Maintenance; Criminal and Law Enforcement Statutes; Welfare Reform; and Constitutional Amendment Through Initiative. Williams asked Council if they wished to support any of those items listed. Williams suggested the Dedicated Transportation Fund. Swarner stated she was in support of it, but did not think a resolution would do any good. Smalley stated it may be advantageous to support a few of the items. KENAI CITY COUNCIL MEETING MINUTES MARCH 170 1993 PAGE 14 MOTION= Councilman Smalley MOVED to draft a resolution in support of the transportation fund. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. Clerk Freas was requested to get a copy of the legislation to add to the drafted resolution. Freas was requested to get a copy of the Educational Facilities Maintenance and Construction Fund and capital Matching Grant Program, and the Constitutional Amendment information as well. I-3. Attorney No report. 1-4• City Clerk 16 a. Telephone Poll. Clerk Freas read the findings of a telephone poll taken on March 12, 1993 in regard to the courthouse project's Change Order No, 6. The change order allowed for $35,000 for cost-plus labor needed to pour the concrete slab. A copy of the findings were included in the packet. b. Work Session. Freas reminded council of the work session scheduled for Monday, March 22, 1993, at 7:00 p.m. in the conference room of the Kenai Community Library. c. Reception !or City volunteers. Freas requested council to set a date to schedule the reception for city volunteers. Freas suggested April 23, 30 or May 14 as the Cultural Center will be available on those dates. Council asked for April 29 or May 6. The reception would be held from 6-8:00 p.m. 1-5. Finance Director No report. I-6. Public Worka Director a. Doak Lease Hid. Kornelis stated bid opening for Station No. 3 (one year lease) will be held on March 31 at 2:00 p.m. KENAI CITY MARCH 17, PAGE 15 COUNCIL MEETING MINUTES 1993 ' b. Leachate Proposals. Kornelis stated that the city will be receiving proposals for wash -down of leachate for the Borough. They will pay the City and the City will contract with a consultant. Kornelis reminded Council he had discussed this with Council previously. c. Congregate Housing. Kornelis reported that the final inspection will be held on Friday, March 19, 1993. d. Building Inspector Position. Swarner asked if a building inspector had been hired as yet. Kornelis stated that the job had been offered and was rejected. Kornelis added that another person has been offered the position and he will be in Kenai on March 28 to discuss the job and visit the area. Williams stated his concern with regard to the City's obligation for moving, etc. (Williams referred to a law regarding fish processors.) Kornelis stated that the City is not paying an moving expenses and that was made very clear. Graves stated that he would research that law, but did not think it would have bearing on this situation. Williams asked if the man is paying his own expenses to come to Kenai for an interview. Kornelis stated yes. Measles added he believed state law dictates that if you pay for a person to move to an area for a job, you must pay for moving expenses to move him back out of the state. Swarner stated her concern for the length of time it has taken to hire a building inspector. Kornelis stated he just received the applications from Job Service the end of December. Kornelis added that he interviewed five people over the phone. e. City Dock. Kornelis reported he received a request for use of the city dock for unloading herring by Deep Creek Custom Packing, Inc. Kornelis added that Deep Creek Packing would use the facilities when the City is not, i.e. April 20-May 15. They are willing to pay %0 per pound. They will not be using City equipment. Council consensus was that there were no objections, as long as Deep Creek Custom Packing understood the stipulations and followed them and that they understand where the zero's are at in regard to the amount they would be paying the city (referring to a typographical error in their letter). I-7. Airport Manager No report. KENAI CITY COUNCIL MSBTING MINUTES MARCH 17, 1993 PAGE 16 MOTIONS Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Smalley requested that Kornelis, Howard, Brown, and Graves attend the work session. Councilman Bookey SECONDED the motion. VOTES Williams: Yes Bookey: Yes Swarner: No Monfor: No Measles: Yes McComsey: Yes Smalley: Yes NOTION PASSED. EXECUTIVE SESSION BROUS S353 p.m. 40 BACK TO ORDERS 9353 p all. MOTIONS Councilman Measles MOVED that the Council direct Administration to attempt to make a settlement with the Alaska Court System in regard to the courthouse project, subject to Council approval at a later date. Councilman Smalley SECONDED the motion. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED OSLY* ITEM J8 O 8 U88ION J-10 Citizens a. Bill Duam - Redoubt Plumbing. Mr. Dunn distributed a written statement to Council. Dunn stated he is the office manager for Redoubt Plumbing. Dunn stated that Redoubt Plumbing was the mechanical subcontractor on the Congregate Housing Project. Redoubt Plumbing has not been paid.for some of their work and the general contractor is withholding other amounts as • KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 17 well. Dunn requested Council to find out if the contractor has been paid for the line items and why they have not paid the subcontractors. Dunn added that it has been six and one-half months since the City accepted the project. Williams stated that the second final.inspection is scheduled for Friday. If the work has been completed successfully, then the contractor can pay the bills. Kornelis stated he did not know why Gaston (the general contractor) had not submitted the pay estimates. Kornelis added they have not been submitted to the architect. Kornelis stated Redoubt was welcome to review the pay estimates on file and the payments made. Kornelis stated the City has paid all pay estimates except ten percent retainage. Requests have been submitted and Gaston is reviewing them. Dunn stated he does not know if Council can do anything at this time, but would appreciate any help they can give through inquiries, etc. Swarner asked if administration was aware of any others not paid. b. Chunk Mazurek - Solana Cabinets. Mazurek stated he attended the council meeting in October when the city paid Gaston for 98% of the contract. Mazurek stated he has not been paid for ten percent of his work. Mazurek stated he feels Gaston is in trouble on the job and the reasons for his payment being withheld are frivolous. Mazurek stated he is being fined $1,000 a day for holding back the project. Mazurek stated they have filed against the bonding company. Kornelis stated there was an extensive punch list after the first final inspection. Mazurek stated it is Gaston's punch list and Gaston's work to be done. Mazurek stated he believes the City owes Gaston approximately $55,832. Williams stated that he is hoping that after the Friday inspection, these problems will be resolved. Mazurek stated he understands Gaston is filing claims against the architect for delays to the project. Kornelis stated he has heard that rumor as well. Smalley asked if there was anything the city could do to request Gaston to pay their subcontractors. Kornelis stated that they have to pay their subcontractors. Kornelis added there is a lot of money in change directives and change orders. Kornelis added that he has not seen a figure for liquidated damages. Kornelis added the contracts say liquidated damages do not stop if the facility is being used. 0 KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 18 Swarner asked Graves if there is something the City can legally do. Graves stated the City is not really involved with the subcontractors. Graves added that the subcontractors have pursued their best remedy by filing against the bond. The City cannot intervene between the general and subcontractors. J-8. Council Bookey - Nothing. Swarner - a. Referred to the binders of city administrator applications and asked if they should review them before Monday. Williams suggested they review as many as possible. Williams added that if they do not have a bachelor's degree or their set years of experience, they should be rejected. If a special case is found, bring it to Council's attention on Monday. Williams requested Freas copy the notes from the last work session which set out their requirements. Williams suggested that upon review, if the applicant did not have the necessary initial requirements, an "X" be placed in the upper right hand corner of the page so that other councilmembers do not have to bother reviewing if they so wish. b. Swarner stated she will be attending an AML Legislative Committee meeting in Juneau March 30-31. Swarner stated her concern of when another work session will be held to further review applications. A tentative date was set as March 29, 1993. c. Swarner requested action be taken to have junk cars removed from property across the road from the Peninsula Memorial Chapel. Also, there are junk cars being placed on property across from Morgan Steel. Swarner requested action be taken to investigate those as well. Monfor - Will not be in attendance at the April 7, 1993 meeting. Monfor added that the School District met at the Bicentennial building and were very impressed. Measles - Nothing. MaComsey - Will not be at the April 7, 1993 meeting. Will return to Kenai after April 11. Smalley - Asked if any meetings have been scheduled with bed and • breakfast, hotel/motel owners regarding bed tax. Brown stated it would be an excellent project for the new city manager. Smalley stated that the subject will probably return by elements of the rA 4D KENAI CITY MARCH 17, PAGE 19 community. schedule. away. COUNCIL MEETING MINUTES 1993 Williams stated he did not have the time in his Smalley stated he did not want the issue to die and go Williams - Reported he will be attending a meeting at the Economic Development District with Bernie Richert of EDA. The meeting is in regard to finding funding to build an ice rink. At this time Williams believes that some funding could be received from corporate donations. Williams added that we one-half of the money is donated, he believes the Governor will give the other one half in the capital budget. Swarner asked how the land trade is progressing. Smalley stated it is being pursued in Juneau. McComsey asked the progress with PTI. Williams stated that the proposal is being reviewed by the corporation at this time. The building proposed has been increased in value. Williams added that PTI is also looking at building their facility in North Pole or Juneau as well. Williams stated that Lobbyist Reed is working hard for the city in regard to PTI and the hockey rink. The meeting adjourned at approximately 9:52 p.m. Minutes transcribed and submitted by: m+�;Ae,!� try