Loading...
HomeMy WebLinkAbout1993-05-05 Council Minutes♦a . • 11 KENAI CITY KENAI h�V_l • • A! A. AGENDA COUNCIL - REGULAR MEETING MAY 5, 1993 7:00 P.M. CITY COUNCIL CNAM9$R8 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Be SCHEDULED PUBLIC CO1G= (10 Minutes) 1. Laura Measles - City of Kenai/Kenai Chamber of Commerce Relocation Pamphlet. C. PUBLIC HEARINOB 1. Ordinance No. 1335-93 - increasing Estimated Revenues and Appropriations by $208 in the Senior Citizens - Borough Special Revenue Fund. 2. Ordinance No. 1536-93 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Books, 3. Ordinance No. IS37-93 - Increasing Estimated Revenues and Appropriations by $49,126.37 in the General Fund for Attorney Fees Related to Fisheries Business Tax Settlement. 4. Ordinance No. 1538-93 - Increasing Estimated Revenues and Appropriations by $30,000 in the Water and Sewer Fund for utilities at the Sewer Treatment.Plabt, 5. Proposed Evergreen Special Assessment District a. City Manager Report b. Preliminary Assessment Roll. o. Resolution No. 93-29 - Setting the Public Hearing Date on the Proposed Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson, and Eadies Way Paving District. -1- D. 6. Resolution No. 93-30 - Transferring $3,000 in the General Fund for Purchase of a Storage Van. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. NINUES !. • • 1. *Regular Meeting of April 21, 1993. 1. Discussion - Petition to Vacate the Section Leine Easement Lying Between South Ames Road and the Slough at the Southeast Corner of Lot 1, Caro Subdivision, Section 2; and Vacation of the Right -of -Way Easement, Not to Exceed Fifty Feet in Width, Along West Boundary of Government Lot 13, Section 1, Township 5 North, Range 11 West, Seward Meridian. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1539-93 - increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. 4. *Ordinance No. 1540-93 - Authorizing an Amendment of the Terms of the General Obligation Bonds, 1984 Series A, Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters. 5. Discussion - Schedule Board of Adjustment Hearing - Encroachment Permit, Lot 9, Block 2, Deepwood Park Addition - Ron Johnson for Johnny Jackson. 6. Discussion - Kenai Boating Facility - 5/1/93 Rates. 7. Discussion - Kenai Bicentennial Visitors & Cultural Center - Parking Lot Speed Bumps. -2- I. AMA IST I91 RI4PMO 1 * Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. D-19MI8ION. 1. Citizens (five minutes) 2. Council r r� �J • KENAI CITY COUNCIL REGULAR MEETING MAY S, 1993 7100 P.M. KENAI CITY COUNCIL CHAMHERB JOHN J. WZLLIAMB, PRESIDING ��{ y' '1 _ice._. _. • • ..L � =�1 Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A :i. PLED08 OF ALLBasAME Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Bookey, Monfor, Measles, McComsey, Williams, Swarner and Smalley. A-S. Mayor Williams requested the following changes to the agenda: ADDS 9-2, Dan Green - G&S Construction - Courthouse Project, B-3, Mr. Rosak - Rozak Excavation - Courthouse Project, C-7, Resolution No. 93-31 - Opposing the Alaska Reapportionment Board's Recommended Plan to Repair Senate Districts and Requesting That Governor Walter J. Hickel Reject the New Plan and Return to the Interim Plan for Approval of Final Senate Pairings, K-2, Purchase Order Over $i,000 Wm. J. Nelson & Associates - Courthouse Project - $2,888.00. H-6, Approval - Change Order No. 7, Kenai Courthouse Project - Credit of $39,256 MOTIONS Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT, Councilwoman Monfor SECONDED the motion. There were no objections. BO ORDERED. A-6. • � : �� �_ cam! .; Mayor Williams requested the following change to the Consent Agenda: ADDS C-Se •1993 Games of Chance and Contests of skill Permit Application - Holy Assumption of Virgin Mary Orthodox Church. a KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 2 MOTION: Councilman McComsey MOVED for approval of the amended Consent Agenda and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. Laura Measles - City of Kenai/Kenai Chamber of Commerce Relocation Pamphlet. Laura Measles presented the Council with a copy of the new City/Chamber relocation brochure. Measles stated the original bid was $2,124, and was for a 16-page booklet. The finished booklet is a 24-page booklet which was printed on a heavier grade of paper. There was a $405 cost overrun. The final cost of the incorporation of the booklet and the printing was $2,529. There were 6,000 copies printed. Measles added that Mary Ford and the Peninsula Clarion spent a lot of volunteer time and effort to put the booklet together. MOTION: Councilwoman Monfor MOVED to pay the additional cost and Councilman Smalley SECONDED the motion. There were no objections. 00 ORDERED. Measles stated she had planned on giving half of the booklets to the Visitors Center for distribution. Measles will also give some to City Hall for distribution as well. Measles added that new pictures will be needed for the next printing. 8-2. Dan Green - G&S Construction - Courthouse Project. Green was added to the agenda by Mayor Williams at the beginning of the meeting. Green thanked Council for allowing him to speak on such short notice. Green reminded Council there is a problem with funding of the courthouse project. Green requested Council's assistance to resolve the funding problem occurring between the State and the City. Green stated he is caught in the middle. Green stated he has spent about all of his money he can afford on the project -- up to approximately $400,000. There are some outstanding issues on the books since December. He has been kept remotely informed about discussions between the City and the State. Green stated the costs to him have been way beyond those normally expected from a contractor. KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 3 Green stated to have $5 million and $400,000 in outstanding debt because of a lack of agreement. He cannot take the him anymore. They have leaned over backwards to help the City and now he needs help from the council. Green stated he does not think it is fair to put him in the position between the City and State where he is bearing the whole financial burden. Green added it is time for the council to help him. Green, stated he understands the City's position with the State, but he needs to be taken care of and he cannot afford to make his $25,000 a week payrolls. Green stated his question to council as what can they do to help resolve the matter. Green added he hoped they could come up with something. Green stated it was the contaminated soil problem that started the situation. Williams stated it is a unique situation in that the City has asked the contractor to have a performance bond and he was not able to ask the State of Alaska for a performance bond. From the oy standpoint of the City, it is the Court System's problem.. The City has been working diligently for some time and the City and State are at an impasse at this time. Williams added he has met twice with the Attorney General and others. Williams state his personal feeling as mayor and citizen is that the Court System is totally responsible for the problems. Green stated he has contracted with the City. He has no recourse to talk to the State. The Council are the ones that have to tell deal with him. Green added they cannot simply ignore it and it will go away. Green stated something has to happen immediately or he can go no further. Green requested direction from council, i.e. direct him to go back to work. Williams referred to a memorandum received from Kornelis regarding Pay Estimate No. 11 being approved by Council tonight. Williams asked Green if that would help. Green stated no and added he has a list of items paid out by the contractor. There is no way Kornelis and he can negotiate items outstanding. Green stated he bid for those costs, except for the excavator. Green stated the excavator had not been paid for five months. Smalley asked what the items were that there are no contingency funds with which to pay— how much. Green stated approximately $316,000 which was for additional framing labor, concrete, steel fabrication, heating, added fuel costs, materials, etc. The change order was submitted six months ago and no money has been forwarded to pay for them. Williams stated the Council.is between "a rock and a hard place," $400,000 went back into the (Capital) budget. last night. 'The KENAI CITY COUNCIL MEETING MINUTES MAY 5, 1993 PAGE 4 Court System is fighting over the control and is not willing to put the $400,000 on this project. The Court System has fought with the City over that issue. The City is hoping that as soon as the legislature ends, in the following seven days, the Governor will assign the money to the City of Kenai and not to the Court System. Williams stated he believes if the money is assigned to the Court System, they will look to the City of Kenai to pay the $400,000 out of their own money. Smalley asked Attorney Graves what the chance of recourse is. Smalley added he did not believe it was fair for the City to expect to have Green work at his expense. Graves stated the letter Kornelis handed to Council this evening requests Green to fulfil areas for which he is contracted to do. If the City spends its own money, the Court System has said they will keep the $400,000 requested of the Legislature. Monfor suggested a "worst case scenario" in which the City shuts down the project tomorrow. Monfor stated she could not imagine that the Court System will like that. Graves stated the City is obligated in the contract and cannot tell the contractor to walk off the job on our authority or the City will be violating its obligation with the Court System. The City does not want to be in a position for the State to say it has breached its duties. Monfor stated the State has breached their duties. Williams stated the City cannot do the same on behalf of the contractor. Whatever action the contractor takes, he takes on his own. Graves stated if the contractor walks off the job and he sues the City, the suit will include the State, Green, former lessees, etc. and will be major litigation that will continue for a very long time. Smalley asked if that should not motivate the State to get the building done. Graves answered it should. Williams stated he personally would be very, very reluctant to enter into any kind of lawsuit or bond -taking on the present contractor based on the circumstances brought on us by the Alaska Court System. Each councilmember can form their own opinion. Measles asked what if the City joined the contractor against the State of Alaska. Graves stated it would be premature to engage in litigation until the City hears what the actions of the • legislature and Governor might be. Graves stated he and Brown feel the grant will resolve a lot of problems. Brown agreed. Graves stated if a suit is filed immediately, it would harden everyone's position. • KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 5 Measles asked if the City could prepare to file suit immediately. Graves stated he could do the preliminary research and be prepared to file immediately if the grant does not come through. Measles stated that at some time, the City will be in a suit. Williams stated the Legislature is at loggerheads with itself. The Legislature does not have to official close its doors until May 12 and can be brought back in by the Governor or themselves for twelve more days. The absolute earliest could be May 12 or May 22. Those bills then go to the Governor and he has 30 days in which to sign them. It could be June 22 or July 1. Williams stated he is not sure if this will be a special funding or part of the capital budget. McComsey asked if after receiving approval by the Governor or Legislature, can a payment be made. Brown stated the City could act as soon as it receives the grant. Green stated he was done. It is a lot of money. Williams stated it is the guarantee of the money of which the City and State are at an impasse. Green stated as an outsider looking in, it appears that the City is at war with the Court System. Green stated it forces him to fight. This could ruin him. Williams stated if a dime of the City funds is placed in jeopardy, the Court System will take advantage of the situation and the taxpayers will bear the cost. Green stated that after five months with talking with the Court System, he feels something could have been done. Williams suggested they ride out the weekend and see if the Legislature comes any closer to adjournment and if the money will be coming. If the contractor chooses to take a long holiday for one reason or another, the City will hear from the Court System. Green asked if there was a possibility the Council could set a meeting for next week if they need to act. Williams stated only if the Court System is willing to allow some leeway. Williams stated Kornelis' letter is the only thing Council can look at tonight. Williams added that if the contractor wishes to continue operation, the City will make the money available as soon as possible (the change order). Green stated he was not very happy about this. Green added he feels he has been taken advantage of because he operated on good faith and the good faith is becoming very difficult. Green added it is beyond his -imagination. Green stated he does not know how he could back into a position like this. Green added the whole thing is a "catch 22" situation, i.e. if he walks, he stands -the potential of risk and he has risk if he continues. Green stated A KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 6 he has reached a point where he cannot afford to continue. Green stated he hopes by next week the Council's conscience will work on them a bit and if they cannot work something out with the State, he does not want to be on a list of litigators. Smalley asked Brown and Kornelis if change order money be used to pay for the types of claims Green has incurred. Brown answered no. Kornelis referred to Information 2, Pay Estimate No. 11. Williams stated they will have to go along with it and see what comes up in the next few days. Smalley added that the City do preliminary work for a lawsuit. Monfor asked Brown if the money remaining at this point in time is a problem. Monfor added the continuation of the project is not a problem. Williams stated the funding for those things are taking place in the interim. Green stated they are ready to do more excavation again next week. Green added the excavator would be insane to start again. B-3. Rozak - Rozak Excavation. Rozak stated on May 12 it will be six months since he finished his first work on the project. He is owed $180,000. Rozak added he will need to pay 2/3 of that amount out in thirty days. Rozak added on a contract like this, his contract is up -- he cannot go to back to work. Green cannot tell him to go back to work because there is no money. Rozak suggested not doing the landscaping. Williams stated the problem the City faces is that the City cannot do anything without the approval of the Court System. Williams added the Council appreciated Green and Rozak coming to them. No more discussion. C s PURLSC RE- MINDS C-1. Ordinance No. 1535-93 - Increasing Estimated Revenues and Appropriations by $208 in the Senior Citizens - Borough Special Revenue Fund. MOTIONS Councilwoman Swarner MOVED for approval of Ordinance No. 1535-93 and Councilman Bookey SECONDED the motion. There were no public or council questions. • KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 7 VOTEt Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1536-93 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Books, MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1536-93 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Monfor: Yes Smalley: Yes Swarner: Yes Measles: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. McComsey: Yes Bookey: Yes C-3. Ordinance No. 1537-93 - Increasing Estimated Revenues and Appropriations by $49,126.37 in the General Fund for Attorney Fees Related to Fisheries Business Tax Settlement. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1537-93 and Councilwoman Swarner SECONDED the motion. There were no public or council comments VOTE: Monfor: Yes Smalley: Yes Swarner: Yes Measles: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. McComsey: Yes Bookey: Yes 0 • KENAI CITY COUNCIL MEETING MINUTES MAY 5, 1993 PAGE 8 0 C-4. Ordinance No. 1538-93 - Increasing Estimated Revenues and Appropriations by $30,000 in the Water and Sewer Fund for Utilities at the Sewer Treatment Plant. MOTION: Councilman McComsey MOVED for approval of Ordinance No. 1538-93 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Monfor: Yes Smalley: Yes Swarner: Yes MOTION PASSED Measles: Yes Williams: Yes Y. McComsey: Yes Bookey: Yes C-5. Proposed Evergreen Special Assessment District a. City Manager Report b. Preliminary Assessment Roll o. Resolution No. 93-29 - Setting the Public Hearing Date on the Proposed Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson, and Eadies Way Paving District. NOTION: Councilman Smalley MOVED for approval of the reports, the preliminary assessment roll and Resolution No. 93-29 and Councilwoman Monfor SECONDED the motion. M. Targonsky - Questioned what the assessment roll and Brown explained the portion he questioned was the assessed value. Brown added he used the assessed value for a general test because the Charter states no more than a 25t assessment can be placed. He used the Borough tax rolls and it turned out in every case that the assessment that the City would attempt to levy was less than the Charter. Targonsky asked if the last column was the cost and Brown stated yes. VOTES Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES MAY 5, 1993 PAGE 9 C-6. Resolution No. 93-30 - Transferring $3,000 in the General Fund for Purchase of a Storage Van, MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-30 and Councilman McComsey SECONDED the motion and requested 0SANIMOVS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-7. Resolution No. 93-31 - Opposing the Alaska Reapportionment Board's Recommended Plan to Repair Senate Districts and Requesting That Governor Walter J. Hickel Reject the New Plan and Return to the Interim Plan for Approval of Final Senate Pairings. MOTION$ Councilwoman Monfor MOVED for approval of Resolution No. 93-31 and requested UNANIMOUS CONSENT, Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED, Clerk Freas was requested to send a copy of the resolution to those mentioned on the resolution as soon as possible. C-8. 1993 Games of Chance and Contests of Skill Pe=it Application - Holy Assumption of Virgin Mary Orthodox Church. Approved by consent agenda. BREAK: 7854 p.m. HACK TO ORDER: 8:14 P.M. Y • 0 KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 10 1 1_ D-le Council on Aging Swarner stated no report. Swarner added there is a luncheon at the Senior Center on May 22 at a cost of $12.00. Councilwoman Monfor has tickets to sell. A luncheon will also be served tomorrow at the Senior Center at which Mr. and Mrs. Zenor are invited. D-2. Airport Commission Measles stated the next meeting is scheduled for tomorrow night. D-39 Harbor Commission Bookey reported the next meeting is scheduled for May 10, 1993. Kornelis stated the dock is almost ready to use. •D-4. Library Commission Monfor reported the Commission had a "great" meeting last night. The Commission updated its goals and objections. It was a very productive meeting. Friday there will be a volunteer dinner at the library. D-Se Parke i Recreation Commission McGillivray stated the Commission met last week. McGillivray stated he was contacted by the Little League organization. They want to replace the existing dugouts on the ballfields on Spruce Street and are seeking Council approval. McGillivray added the organization has received a grant with which to put in the new dugouts which will pay for all of the materials, etc. Williams stated he was contacted by one of the Little League people and was asked if council would write a letter that the City has no plan to use the land for anything other than ballfields. The letter is needed for backup in the grant application. Williams added it is probably a foregone conclusion it will remain as parks ground as it was BOR property. Measles suggested the letter state the City no other use for the property than for use as a youth league baseball field and not limit the use to one organization. E w rl KENAI CITY COUNCIL MEETING MINUTES MAY 5, 1993 PAGE 11 D-6. Planning i Zoning Commission Smalley reported the unapproved minutes were included in the packet. Smalley added he was a little late to the meeting and heard the last part of the encroachment discussion. Smalley added a neighbor spoke in opposition. The vote was 3/3 and it did not pass. Smalley stated Phil Bryson was elected Chairperson and Carl Glick as Vice -Chair. Smalley stated a Kmart sign review was included in their packet. The staff opinion was that the sign did not need a variance because of the design. Smalley stated he updated the Commission about the budget work sessions, purchase of the fire truck, etc. The Commission discussed a work session with Townsite Historic and Council later in the summer. Monfor asked why the work session could not be held earlier. Williams stated because of all the budget and City Administrator work sessions, along with other scheduled items. Smalley stated there is a difference of opinion with the Commission and the Task Force and Council. Williams stated he spoke with Commissioner Bannock. Bannock expressed concern and asked for the Council to decide what needs to be accomplished. Williams stated he wants to assure the Task Force and Commission the Council does not question the work they have done. The whole issue has been discussed for some many years, the Council wants to be sure that all the bases are covered. D-7. Miscellaneous Commissions and Committees Beautification - Swarner to clean out old plants and replanted the area. Beautification Project h added the City of Kenai Martin's property and he sign. XTEM s reported volunteers worked on Saturday in the perennial garden at Memorial Park Williams reported the Kenai as nearly $700 in donations. Williams sign along the river is on Carrol has decided to plant flowers around the 0 B-1. Regular Meeting of April 21, 1993. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES MAY 5, 1993 PAGE 12 Y • .�_� • _, t , None. Diecusaion - Petition to Vacate the Section Line Easement Lying Between South Ames Road and the Slough at the Southeast Corner of Lot 1, Caro Subdivision, Section 2; and Vacation of the Right -of -Way Easement, Not to Exceed Fifty Feet in Width, Along West Boundary of Government Lot 130 Section 1, Township 5 North, Range 11 West, Seward Meridian, MOTION= Councilman Smalley MOVED to rescind action taken by Council on August 5, 1992 to veto the Planning & Zoning action. Councilwoman Monfor 88CONDED the motion. Smalley stated one of -the reasons the Council took the action it did was because of letters of objections that were received from various state agencies. Since then, the state agencies have withdrawn their objections. Williams complimented the Padgett's for their work to get the state agencies to change their minas. Mack Padgett - Stated he and his wife spent a good portion of the winter dealing with state agencies on this matter. Padgett stated he discussed the vacation a lot with Chris Titus with Parks and Outdoor Recreation. Padgett stated they explained their position is to provide public access and to protect the habitat. Titus came to the conclusion that the public's best interest, in her opinion, was to preserve the habitat in regard to the River. In order to insure that the habitat on their property is preserved, they are in the process of doing a conservation easement, which will provide for limited development and insure that area around will not be altered. After they came into compliance with them, the state agencies have reconsidered their original positions and are supporting the vacation of the easement. They believe what they are doing now will allow them to move ahead with their property and the public's interest is preserved. This will be the first conservation easement on the River and the state agencies will be using it as an example. Padgett explained a conservation easement is an agreement with Nature Conservancy. In the easement,- you decide what can and KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 13 cannot be done. You cannot do anything that will wreck the grass, fauna, etc. Provisions can be made to place docks and a house. You have to decide what you are going to do and it becomes perpetual. A Nature Conservancy is dealing with "good faith." They have documented what the property looks like and signing the agreement, they are assuring they will abide by the agreement. Padgett added Titus and a field agent came and documented the condition of the property. Bookey asked if there is any way to rescind the agreement. Padgett stated if there was some unexpected happening, you could rescind, but it would take a long, long time. Mrs. Padgett stated if the State wants eminent domain, the value has to be split. Each time they want to make a change, they have to get State approval. The whole purpose of this is to protect the water front. Smalley asked if they are happy with these actions. Mrs. Padgett stated she feels it is good thing, a bit of a hassle, but the lesser of two evils. MOTION: Councilman Smalley MOVED to vacate section line easement lying between South Ames Road and the slough at the southeast corner of Lot 1, Caro Subdivision, Section 2; and vacation of the right-of- way easement, not to exceed fifty feet in width, along west boundary of Government Lot 13, Section 1, Township 5 North, Range 11 West, Seward Meridian and inclusion of all documents submitted to Council this evening. Councilman McComsey SECONDED the motion. VOTE: Monfor: Yes Smalley: Yes Swarner: Yes Measles: Yes Williams: Yes MOTION PASSED UNANIMOUSLY& ITEM H: NEW BUSINESS �N-1. Bills to be Paid, Bills to be Ratified MOTION: McComsey: Yes Bookey: Yes Councilman McComsey MOVED to pay the bills and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. . KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 14 R-a. Purchase orderer Exceeding $i,000 MOTION: Councilman Smalley MOVED to pay the purchase orders over $1,0oo to include the addition of the purchase order to Wm. J. Nelson & Associates in the amount of $21888.00. Councilman McComsey SECONDED the motion. There was no discussion. There were no objections. 80 ORDERED. M-3., Ordinance No. 1539-93 - Increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. Approved by consent agenda. M-40 Ordinance N0. 1540-93 - Authorizing an Amendment of the Terms of the General obligation Bonds, 1984 Series A. Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters. Approved by consent agenda. 8-50 Discussion - Schedule Board of Adjustment Hearing Encroachment Permit, Lot 90 Block 21 Deepwood Park Addition - Ron Johnson for Johnny Jackson. Planning & Zoning Commissioner Geocke was present in the audience and stated to Council Mr. Jackson (or his representative) was not at the Planning & Zoning meeting to answer questions. It was not known to them or staff when the building was built in order to know if it was built before the setback rules were established. Geocke added the only reason it has come up now is because of a lending institution question. There is probably a problem in the selling of the house due.to.a cloud on the title. Geocke stated the Commission took their action because no one was available to clear up their questions and they did not feel comfortable changing something now when it should have been done before. Geocke added the problem needs to be rectified. A short discussion continued. Williams stated if the house was built prior to the code requirements for setbacks, he could see how it may have slipped through, but that would not preclude the title company from having recognized the encroachment at the time they issued the title insurance. • KENAI CITY MAY 5, 1993 PAGE 15 COUNCIL MEETING MINUTES Williams requested Graves to have the title company produce the records that indicate whether or not there was an as -built and whether or not they noted the encroachment within the title insurance policy. Graves stated he would ask Johnson/Jackson to produce that information as they should pay for any costs involving the appeal. MOTION: Councilman Smalley MOVED to set the hearing for May 19, 1993, at 7:00 p.m., prior to the council meeting. Councilman McComsey SECONDED the motion. Councilman Smalley requested UNANZXOUB CONSENT. There were no objections. 00 ORDERED. 8-6. Discussion - Kenai Boating Facility - 5/1/93 Rates. A letter was distributed to Council from Joseph Jolly, President of the United Cook inlet Drift Association (UCIDA). Council took a few moments to review the letter. In their letter, UCIDA expressed "its support for the general concept of user fees for the Kenai City Dock privileges." . However, because of their contributions through raw fish taxes, paying property taxes, sales taxes on commercial fishing gear, supplies, marine fuels, etc., they requested that the Council exempt the commercial fishermen from the user fee requirement. Williams stated he believed their request would set up two separate classes of people and that would not be proper. Measles stated typically commercial fishing boats launch at the beginning of the season and pull out at the end of the season. Their cost would be $10.00 for the season. A small boat user would have to pay $10 a day. Kornelis stated he had received some calls from private fishermen as well. Kornelis stated the dock facility pays for itself. The revenue derived from the user fee is used to support the dock facility. The sales tax, etc. goes into the General Fund. Smalley asked if the launch was built with grant monies and requiring free access to the river. Kornelis stated the present launch ramp replaced the original ramp. There were no stipulations that access needed to be free. Smalls stated �� y ted he believed an honor system" may encourage people to be enforcers. Smalley stated he could see a lot of problems for the Police Department. Kornelis stated he spoke with Attorney Graves and they had planned to set up the system such C7 C� J KENAI CITY COUNCIL MEETING MINUTES MAY 51 1993 PAGE 16 like the airport parking. No one would be their to take the money, except if dipnetting is opened because of the large amount of people needing access at that time. Joe Jolly - Jolly stated he personally felt the fees were long overdue. He has no problem to pay fees to get his boat in and out. He believed there will be some problems, i.e. canneries who put boats in and take them out for fishermen. Jolly also stated some fishermen tie their boats up out in the river and use dinghies to transport on and off shore. Would they have to pay a fee each day? Williams stated the City invested $2 million to build the facility and with that, they enhanced the fishery for a lot of people. The City expects to be paid for the use of the facility, since it is not a benefit to the whole community. Those who contract with the fishermen should have the courtesy of paying the fees. Smalley suggested a season pass could be available for. those who go in and out from the dock each day. Measles stated sports fishermen could also purchase a season pass. No action was taken by Council as the fee schedule, by Code, is approved by the City Manager, unless Council objects. There were no objections to the fee schedule. 8-7. Discussion - Kenai Bicentennial Visitors & Cultural Center - Parking Lot Speed Bumps. A short discussion followed in regard to where speed bumps should be placed in the Bicentennial building parking lot. Council recommended the purchase of the asphalt speed bumps. Measles suggested placing a speed bump at the entrance, exit, and one in the middle. Measles also suggested a sign be placed at the entrances that states, "Parking Lot Entrance Only -- No Thoroughfare." Further discussion followed. MOTXON: Councilman McComsey MOVED to place two asphalt speed bumps at the Bicentennial parking lot and Councilman Bookey SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. Brown stated a transfer will be needed from the General Fund for the $2,000. • KENAI CITY MAY 51 1993 PAGE 17 COUNCIL MEETING MINUTES R-8• Approval - Change Order No. 7, Kenai Courthouse Project Credit of $39,256. Kornelis stated they had been looking for ways to save money on the project. This credit is a result of those deletions and changes delineated on the change order added to the agenda and packet. Kornelis stated there were a few other changes requested, but he did not feel there was enough credit given for them, such as landscaping. The Court Systems is also requesting placement of a door in the clerk's office for safety. This item is on hold. MOTIONS Councilman Smalley MOVED for approval of Change Order No. 7 showing a credit of $39,256 and Councilman Bookey SECONDED the motion. Kornelis stated there may be more of a credit with the hot water system change. VOTE: There were no objections. 80 ORDERED. T' = ADI_ z-x1 TRATION RLPORT8 I-1, Mayor Williams reminded Council of the work session scheduled for Monday, May 10, 1993 at 6:00 p.m. in the Council Chambers. I-2• City Manager No report. 1-3• Attorney Graves reported the Carpenter v. City and Denis Douglas v. City cases were dismissed. 1-4• City Clerk Freas referred to the membership dues billing received from the Sister Cities International in the amount of $200. Freas asked Council if they wished to continue their membership. • RENAI CITY COUNCIL M88TING MINOT83 MAY 51 1993 PAGE 18 Williams stated his most recent conversations with the organization have in regard to a grant fund for some small business exchange, working through the Economic Development District. Williams recommended the membership continue. MOTION$ Councilman Smalley MOVED for approval of the continuation of membership with Sister Cities International and payment of the 1993-94 membership dues and requested MWIM0U0 CONSENT. Councilman McComsey SECONDED the motion. SO ORDERED. 1-5. Finance Director No report. Public Worker Director Kornelis reported on the progress of placement of the traffic light at the Spur and Main Street. Kornelis reported there will be a middle turn lane. Kornelis stated he will be meeting with the State to discuss their removal of frost susceptible materials from the area during placement.of the signal. Kornelis stated he believes the State will be willing to pay for the first 100 ft. of excavation, however there is another 200 ft. of frost heaves. The estimated cost for removal is $58,000. In a few weeks the State will need to know if the City will want to continue the project. They are using Sterling work prices. Kornelis stated if Council believed he should pursue this, he will. Kornelis stated he will report back to Council. Monfor stated she had been under the impression that when Kmart was built, there would not be another cut into the highway in front. Monfor stated it is already a dangerous area and people have been waiting for years for DOT to widen the road. Williams stated there is no road work scheduled for here until next year. Monfor asked when DOT will be placing a light at Airport Road. Monfor added they need to be told that is A priority of safety concerns. Williams stated DOT should have been told to switch those two jobs. It will be approximately four years prior to any road work in Kenai. 1-7. Airport Manager � No report. Ernst stated he will be attending the AAAE conference in Dallas, leaving Thursday. He will be gone for one week. KENAI CITY COUNCIL MEETING MINUTES MAY 5, 1993 PAGE 19 J-1. citizens Ron Geocke - Juniper Court, Kenai. Requested Council's thoughts on requesting DOT to put the traffic lights at Willow and Forest on timers instead of pressure switches. J-Z. council Bookey - Thanked Mr. Zenor and his wife for coming to Kenai and applying for the City Manager position. Bookey asked Kornelis if the KBVCC building was still under warranty as they have been having trouble with the heat. Kornelis stated he is scheduling a walk-through of the project with the contractor. The City's protection is still involved. Bookey stated there are seven or eight junk vehicles in the City yard. Bookey asked if they belonged to the City. Kornelis stated he would investigate. Kornelis stated some may be there to use for training by the Fire Department. Bookey stated if there is a use for them, fine, but if not, they should get rid of them. Swarner - Stated there were lots of junk cars in Clarence Ladd's yard. Swarner would like that investigated. Swarner added Foster Construction donated top soil for the flower beds. Swarner stated there will be a pot luck at her house on Saturday and schedules in regard to Zenor's visit were available from Kim Howard. Monfor - Complimented the new Senior Center newsletter. Monfor stated there was a new bed & breakfast sign at the Coyle's gravel pit. Monfor requested it be investigated whether there is a permit for that bed & breakfast. Monfor asked what happened to RPM's. Mr. Geocke (from audience) stated it had been looking better, but needs improvement. Geocke added he did not think anyone from the City has contacted the owner. Smalley requested the Administration be directed to review the situation and if it looks like action needs to be taken, then get it done. Measles - No report. KENAI CITY COUNCIL MEETING MINUTES MAY 5, 1993 PAGE 20 MaComsey - Requested that a tree be sent to Delta, Colorado for their All -America City garden. Williams suggested a four foot tree could be purchased from the nursery and sent by air freight. Measles suggested a white birch or aspen. 8ma11ey - Stated he was pleased to see the letter at Information No. 5 complimenting the Kenai Fire Department. Smalley added he was pleased to see Information No. 11 as well regarding the Quandt property. The meeting adjourned at approximately 9445 p.m. Minutes transcribed and submitted by: E nPMovED 19r cosicacn DA12 Vilry CLUX d�