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HomeMy WebLinkAbout1993-08-04 Council Minutes1# I W' • AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 41 1993 7:00 P.M. KENAI CITY COUNCIL CRAMBERS . .D71 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC BE 1. Ordinance No. 1558-93 - Amending KMC 22.05.040(c) and (d) to Clarify Lessees' Right to Negotiate the Sale of Their Leased Land, at Not Less Than the Fair Market Value, After Leasing the Land for a Two Year Period. 2. Ordinance No. IS59-93 - Increasing Estimated Revenues and Appropriations by $4,050 in the General Fund From the Reserve for Athletic Expenditures. 3. Resolution No. 93+6l - Supporting the Continued Development of the Mining and Petroleim Training Service (MAPTS) Fire Training Facility and the University of Alaska's Request to the Alaska State Legislature for a Grant of $2.2 Million to Fund the Development of These Facilities, 4. Resolution No. 93-62 - Transferring $105,000 in the Airport Land System Fund for Crack Sealing and Painting of Runways, Taxiways, and the Ramp. 5. Resolution No. 93-63 - Awarding a Contract for the Construction of the Evergreen, Haller, McKinley, Second, Third, Fourth, North Gill, Jefferson and Eadies -1- •# 1 Way Street Paving to for the Total Construction Amount of Which includes the Total Basic Bid. 6. R4o03,ution No. 93-44 - Awarding a Contract for the Construction of the'Kenai Municipal Airport Runway and Taxiway Crack Sealing and Painting, 1993, to Jackson Construction for the TotalConstruction and Additive ount of $105,000.00, which Inca Alternate A. D. C eTMOHMOXW RE OR'1'8 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission e 5. Parks & Recreation Commission 6. 7. Planning & Zoning Commission Miscellaneous Commissions and Committees 1. *July 21, 1993 Board of Adjustment Heari&g//AppealCall. Keck and Junetta Edward2. Hearing of Jack & Mary *Regular Meeting of July 211 1993. �'. COS 0. OLD SIISIZLEBB i. Approval - Policy for Request ofsfrom and Businesses by Boards, Commissions andCommitteesic g. NIM 8II8IN88B 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance Mo. 1560-93 - Increasing Estimated Revenues and Appropriations 0endituresGeneral tetiOE Purchase aFrom the Reserve For Athletic Parks Department Tractor. -2- • 0 0 4. *Ordinance No. 1561-93 - Amending KMC 7.25.020 (City Budget Control). 5. *Ordinance No. 1542-►93 - Increasing Estimated Revenues and Appropriations by $1,221,000 as,a Result of Receiving Eight State of Alaska Municipal Grants. 6. *Ordinance Ito. 1563-93 - increasing Estimated Revenue's and Appropriations by $2,979.69 in the General Fund as a Result of Drug Forfeiture Receipts. 7. Discussion - Contaminated Soils - Kenai Courthouse. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DIB�6 ox 1. Citizens (five minutes) 2. Council im • �J KENAI CITY COUNCIL REGULAR MEETING AUGUST 4, 2993 7800 P,M. KBNAI CITY COUNCIL 0 MAYOR JOHN J. WILLIANS, PRESIDING Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PUp-OIL of A&MIAN N Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Swarner, Monfor, Measles, Smalley, Williams, and Bookey. Absent was McComsey. A-S. Mayor Williams requested the following changes to the agenda: ADD: C-3, Substitute Resolution No. 93-61 - Supporting the Continued Development of the Mining and Petroleum Training Service (MAPTS) Fire Training Facility and the University of Alaska's Request to the Alaska State Legislature for a Grant of $2.2 Million to Fund the Development of These Facilities. Corrected fir "Whereas" -- "clarification" changed to "certification curriculum*" ADDI C-So Substitute Resolution No. 93-63 - Awarding a Contract for the Construction of the Evergreen, Haller, McKinley, Second, Third, Fourth, North Gill, Jefferson and Eadies Way Street.Paving to Alaska Roadbuilders for the Total Construction Amount of $447,425,00 Which Includes the Total Basic Bid. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIM0V8 CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PALS 2 MOTION: Councilman Measles MOVED for aproval fthethe motionConsent ThereAgenda were presented. Councilman Smalley SECONDED no objections. 80 ORDERED. g: SCHEDZTLED PUBLIC C0MEMT None. 0 PUBLIC HEARINQ#� C-1. ordinance No. 1558-93 - Amending KMC 22.05.040(c) and (d) to Clarify Lessees' Right to Negotiate the Sale of Their Leased Land, at Not Less Than the Fair Market Value, After Leasing the Land for a Two Year Period. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1558-93 and Councilman Smalley SECONDED the motion. -VERBATIM- WILLIAMS: Is there anyone from the general public wishing to be heard? Yes, please come forward. State your name for the record. SANDRA VOZAR: My name is Sandra Vozar and ah, do you want my address and that, or just a name? WILLIAMS: You might as well, yes please. VOZAR: Address is ah, 10ol Mission, Apartment No. 190 Kenai, Alaska. Um, I would not like to see the adoption of this ordinance. I believe the changing in the ordinance is very ill- conceived. I believe that you're giving favorable treatment to an insider. I request that you review the intent of the ordinance and the intent of the wording. I was at a meeting, and the • council aHistoricbMeetingsandawhatg & Zoning with regards to the Townsite was going to happen in the Townsite Historic and everybody kind • • • KENAI CITY COUNCIL MEETING MINUTES AUGUST 41 1993 PAGE 3 of tossed around ideas and how the wording should be and I believe that there is something in the city records that shows what the intent of how this wording was supposed to be. Um, are you going to just keep on changing ordinances to make this thing fit? Because if you change this ordinance, you're going to have to go back and change your Title 21 on your applications. It says, clearly, ah Title 21.10.030, "with every application the applicant shall submit a, submit a development plan showing and stating the purpose of the proposed lease, the use and value, the date construction is estimated to commence and to be completed, maximum of two years." So that's telling you that, that, that construction has to be completed in two years. You um, this wording was put in here because FAA came back and it said, right here in your ordinance 1134-86, "FAA was concerned that leases of airport lands may be leasing property with the intent of subsequently purchasing the property by negotiation and thereby avoiding competitive bidding.��So then, there, the delay, "whereas delaying the purchase until development is completed or two years have passed is in the best financial interest of the city." That wording was put in there because FAA requested it there. Title 22 explains how land is supposed to be purchased and it says that, "if the tract of land proposed to be sold is leased land where the lease sets forth a development schedule, the lessee may, at his request negotiate the sale of land not less than fair market value. The current lessee obtains this right to negotiate only after he has leased the land for a two year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed the development." It was incorporated into the lease agreement. I believe it could be done two ways, just as it says, or, and the reason that "or" was put in there is let's say somebody came to the City, leased a piece of land, built a building on it within one year. They did not have to live up to the two --year period. They had already complied with the development schedule so they were able to purchase the property. But I believe then, in Title 22, um, the very next paragraph says specifically, if the development schedule, there were not substantial improvements to the property, therefore somebody couldn't come to the city, lease a piece of property to just sit there and it not be in the best interest of the city, they would have to put substantial improvements on the property or they would not be able to KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 4 purchase it. And it says, if a tract of land proposed to be sold or leased land without substantial improvements, then it may only be sold at outcry auction. That way, everybody in the City of Kenai would have the, the one person that came and leased the property wouldn't have an upper hand on everybody else in the City of Kenai. It would be open to anybody. Now, if you, if you leased it, and you were going to build a building on it and you built your building, then you did what you were supposed to do. But if you didn't build your building on it, then it needs to go out to public outcry auction. Still, I don't believe the piece of land should have been sold to' begin with. Down in the Old Town site, you're wanting to put more development down there in the Townsite Historical area. :. Right now you've got big open areas. As soon as you get houses on there, when the snow starts melting and the rain starts melting, you're going to have more runoff. You people need more drainage down in the Old Town area, not less drainage. You had a lot that was fifty feet wide. Now, you've got a lot, an area, that's twenty feet wide in order to do your development. I don't believe just changing this um, this ah, wording, you're going to have to keep on changing your wording. And when I approached you people on April the seventh of 192, at the council meeting, I didn't come here and say, "hey you people have a wording problem." I said, "you people have a big drainage problem in Old Town." Everybody's concerned about Old Town, but we're not concerned about what the intent was. Where the drainage is going. When the City put all the dollars into making the roads down there and all the roads drain down towards Old Town, towards that drainage area, was it the intent that that lot was going to be the drainage area? Or was it the intent that, oh well, we only need twenty feet of it. You can't, you can't, it's not responsible to say, at this later date, "well all we need is twenty feet of it." It just doesn't make sense. It's not responsible. And I still believe that you need to rescind the sale. That's about all I have to say. Oh, except for one other thing. There were three extensions granted on this lease. The last extension was granted in1988 for one year. January 13th of • • KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 5 1988. There was no other extensions granted after that. The lease was in violation. So now, they're allowed to purchase it? And then without even anybody knowing about it? It, another thing, if you're going to change your ordinance, let's put in there that when somebody leases a piece of property, that all the neighbors within a certain area are notified so that everybody knows what's happening. I've been sitting down there next to that piece of property since 1974 and I don't find out until three months ago when I'm ready to put in an RV park, that that piece of property is sold and has been leased since 186. That's not fair. That's not fair to me. It's not fair to every other citizen in the City of Kenai. And it's not fair that we're going to have to pay the bill when these people build a building on it, they pave the piece of property because they're going to put a parking lot on it and it is standard practice in the State of Alaska that when a utility company, Enstar Gas, Chugiak Electric, Homer Electric, when they go onto an easement, and they have to do work on an easement, they return the easement back to its original condition. Whether it had a fence on it. Whether it had grass on it. Whether it had trees on it or whether it had flowers on it. They don't have to. It doesn't say in the law, that they have to but it's a precedent that's been set that they have to return the, a precedent set that they have returned it back to its original condition. So, therefore, I an saying, was it responsible to sell the lot for $7,700 and then turn around and have to put money into it when we have to repair that drainage ditch which is going to have to be done. It's just, it's going to have to be done. I've lost a big tract of land myself because the drainage ditch was plugged in 086 and I came to the city and I had to write a check out to the city to help pay to fill that drainage ditch in. And I gladly wrote it out. But, what about other people. That's all I have to say. I, I, don't think that you should change it. Thank you. WILLIAMS: Questions from council? Councilman Smalley. SMALLEY: Question for the Public Works Director. Ah, any comment with regard ah, the statement about the drainage in that area as being a problem? KORNELIS: It's a, it is a very important drainage for Old Town, but we do have a, a twenty -foot easement directly over top of that culvert. KENAI CITY AUGUST 4, PALS 6 SMALLEY: COUNCIL MEETING MINUTES 1993 And you believe that's sufficient? KORNELIS: I don't know the exact depth of that culvert, but there was a problem, we'd probably wouldn't go down as deepe Deep enough where it ewould be athanb1�m.Iflit'suld as deep as lybe replaced at -a higher elevation think it is, and we had a problem somewhere down in that part of the culvert that was that deep, we probably would have to abandon that culvert and ah put another one j directly above it Either that or get permission from the adjacent property. Cause twenty feet, unless we're going to do s-ime shoring, which we could do, it's very expensive to shore, eeasier andprobably weput another culvert in there. it cheaper. So twenty foot would give us enough room to do that. plenty enough room for that. WILLIAMS: Further discussion owithuregardsIt was ahr Mrs., to accompanying ;,. Vozar, you made some ah, r documents, the lease documents, in which orderthe toomatch thewording those documents would have to be changed in of this code. Ah, has the Administration looked at that to determine whether that's true or have reviewed thatd ample time to document?view that document. Has the city attorney KIM HOWARD� Well, to tell you ididn't last pageabout and Ithe ah, I hadn't looked at the application on didn't talk to Cary about it. it may need to be changed. WILLIAMS: Council, it may be woiihBuchetime asthe we'vechadil ta ah, postpone some action on this unt chance to review the other documents... HOWARD: Excuse me, Mayor? WILLIAMS: Yes. HOWARD: Charlie just mentioned whichnistrue. lays they need to provide a development schedule mean, that would stay the same. VOZAR: Here it is. Development schedule with deed to construction, maximum of two years (stated away from the microphone while carrying documents to the Mayor). WILLIAMS: Okay, under Title 21.10.0301 the application, it does state "...with every application the applicant shall submit KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 7 development plan showing and stating..." One of the item' that need to.be stated is the date construction is estimated to commence and be completed with a maximum of two years. BROWN: Well, Mayor, if I might suggest that ah, that requirement has no bearing.on this ordinance. That, the requirement that lessees submit development schedules with their lease, doesn't have any effect.on the ordinance here that says that they have the right to buy after they've leased for two years or complete their development. WILLIAMS: I just want to make sure that we're not, you know, the dog isn't chasing -its tail here. If we have to take care of one, we want to make sure there isn't something else we have to take care of. BROWN: I suggest you wouldn't want to take that out of the lease application requirement. That you would want them to continue to provide development schedules so you know what they intend to do with the property. WILLIAMS: Okay. Any further discussion of council? Councilman Measles, MEASLES: We're still in public hearing aren't we? WILLIAMS: Yes. Anyone else from the general public wishing to be heard? Mr. Swarner. Name for the record please. SWARNER: I'm Dennis Swarner. I reside at 298 Rogers Road. For the record, it was stated at a previous meeting that ah, Linda Swarner had an interest in this property and for the record I'd like it to be noted that Linda Swarner has no interest in this property. That it is owned by Dennis Swarner and Robert O'Connell. My partner and I discussed purchasing this property at the end of the two years. Ah, we decided the city offered to continue the lease, we decided to keep leasing it and then a year or two ago, I don't remember the dates, but we decided to go ahead and purchase it. Ah, no further comment. WILLIAMS: All right. Is there public that wishes to be heard. record. anyone else from the general Please state your name for the . PAUL VOZAR: M name is Paul Vozar and Y I think this, this property was bought under conflict of interest. KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 8 WILLIAMS: Well, the Chair would point out that Mr. Swarner is not a member of the council or any committee or commission within the city and neither is his partner to the best of my knowledge. So, therefore there wouldn't be a conflict of interest there. VOZAR: Part, part family. WILLIAMS: Any comment from council? Yes, Councilman Measles, MEASLES: I'd address the ordinance itself without any reference to a specific piece of property. Ah, I have a problem with deleting that development requirement in the ordinance. I think it does create a conflict with the Title 21 and I think it takes away the original intent of the ordinance. It ah, I don't think the city should get into leasing a piece of property, first of all, without the development schedule, and I personally believe that the two-year limit on the development schedule should be followed, it should be a part of this ordinance as well as Title 21. If the development is not completed within that two-year period, the lease should be related back to the City or if it is extended, then that two-year limit should be extended for the purchase of the property. I think that the development of the property should be the guideline as to when the property can be sold to the lessee without going to bid. I would move to table this ordinance. WILLIAMS: Is there a second to the motion? MONFOR: I'll second it. WILLIAMS: It's been moved and seconded to table. Table the motion without any room for debate therefore the motion is in order. Clerk will call the roll. FREAS: Swarner? SWARNER: I wish to abstain. FREAS: Monfor? • MONFOR: Yes. FREAS: Measles? • KENAI CITY AUGUST A, PAGE 9 • COUNCIL MEETING MINUTES 1993 MEASLES: Yes. FREAS: Smalley? SMALLEY: Yes. FREAS: Williams? WILLIAMS: Yes. FREAS: Bookey? BOOKEY: Yes. WILLIAMS: All right. Thank you. S. VOZAR: Will you tell me what you did. WILLIAMS: Yes. The motion ah, was to table the ordinance and the ordinance has been tabled. That is the rewrite of the ordinance as it is shown here. So, there's no action taken. END OF ITEM. C-2. Ordinance No. 1559-93 - Increasing Estimated Revenues and Appropriations by $4,050 in the General Fund From the Reserve for Athletic Expenditures. MOTION$ Councilman Measles MOVED for adoption of Ordinance No. 1559-93 and Councilman Smalley SECONDLD the motion. There was no public comment. Mayor Williams read a portion of. Resolution No. 80-178 which accepted the transfer of property and oil, gas and mineral rights from Rita and Harold A. Daubenspeck. "...are to be dedicated to athletic programs sponsored by the City of Kenai. The distributions of such funds will be at the full and sole discretion of the.. City Council of the City of Kenai, Alaska, to the Parks & Recreation Commission or such other City agency or city official as the City Council may from time to time authorize to use such distributions." KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 10 Williams stated the resolution is saying first, all funds are to be used for athletic programs and then it says they can be used for anything. VOTE: . Swarner: Yes Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes Sookey: Yes MOTION PASSED UNANIMOUSLY. C-3. Resolution No. 93-61 - Supporting the Continued Development of the Mining and Petroleum Training Service (MAPTS) Fire Training Facility and the University of Alaska's Request to the Alaska State Legislature for a Grant of $P.2 Million to Fund the Development of These Facilities. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-61 and Councilman Hookey SECONDED the motion. There were no public or council comments. MOTION TO AMEND: Councilman Measles MOVED to amend with the substitute ordinance and requested UNANIMOUS CONSENT, Councilman Smalley SECONDED the motion. There were no objections. HO ORDERED, VOTE ON MAIN MOTION AS AMENDED: Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6. Resolution No. 93-62 - Transferring $105,000 in the Airport Land System Fund for Crack Sealing and Painting of Runways, Taxiways, and the Ramp. MOTION: • Councilwoman Monfor MOVED for approval of Resolution No. 93-62 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDE the motion. • • RENAI CITY AUGUST 40, PAGE li COUNCIL MEETING MINUTES 1993 There were no public or council comments. VOTE: There were no objections. 00 ORDERED. C-50 Resolution No. 93-63 - Awarding a Contract for the Construction of the Evergreen, Haller, McKinley, Second, Third, Fourth, North Gill, Jefferson and Eadies Way Street Paving to Alaska Roadbuilders for the Total Construction Amount of $4470425.00 Which Includes the Total Basic Bid, MOTIONS Councilman Measles MOVED for adoption of Resolution No. 93-63 as 10 marked as Substitute C-5 in the packet. Councilman Smalley BECONDED the motion. There were no public or council comments. Vowel There were no objections. BO ORDERED. Williams asked Kornelis what the engineers estimate was for the work. Kornelis stated the engineer neglected to bring his estimate with him to the bid opening. C-6. Resolution No. 93-64 - Awarding a Contract for the Construction of the Kenai Municipal Airport Runway and Taxiway Crack Sealing and Painting, 1993, to Jackson Construction for the Total Construction Amount of $105,000.00, Which Includes the Basic Bid and Additive Alternate A. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 93-64 and Councilwoman Swarner BECONDED the motion. There was no public comment. Swarner asked what the bid was for the crack sealing the last time it was bid. Kornelis answered $51,000. Airport Manager Ernst stated that bid included only • KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 12 work on the runway. This bid includes the runway and taxiway. The material to be used is Flex 120 rubber. VOTE= There were no objections. 80 ORDERED. ITEM Ds CaNxI88I0NjCOMMITTEE REPORTB D-1. Counoil on Aging Councilwoman Swarner reported the Congregate Housing Design Committee met and discussed items they would like to have added to the facility. Those items included headbolt heaters in the parking lot and several other items. Their ultimate goal is to add more units to the complex as there is a waiting list of 25 40 people at this time. Williams stated he spoke with Pat Porter and requested her to write a letter to AHFC regarding loan availability. Williams added he wants to know if the City of Kenai or its entity can borrow monies from them. Williams suggested the City could produce a revenue bond to be paid for by revenues of the additional units of the facility built with those monies. Swarner stated the design committee like the concept that income does not need to be revealed and that it is not low-income housing and want to keep the facility that way. D-2. Airport Commission Councilman Measles stated there was no meeting since the last council meeting. The minutes from the last meeting were included in the packet. D-3. Harbor Commission Councilman Bookey reported there will be no meeting in August. The next meeting is scheduled for September. D-4. Library Commission Councilwoman Monfor reported a meeting was held last night. During the meeting, the library survey was discussed. The survey • RBIQAI CITY COUNCIL ME$pING MINUTES AUGUST 4, 1993 PAGE 14 4 0 I. '1'o MS"s Historic Board - Mayor Williams reported only one application has been submitted for membership on the Townsite Historic Board. Williams suggested councilmembers encourage interested people to apply for membership. Williams thanked Parks & Recreation crews for plantin lilacs roses in Triangle Park. g and SUM TARMt 7142 P.X. HACK TO 0RDn1 7837 P.M. a•i. July 21, 1993 Board of Adjustment 8saring/Appeal • 116aring of Jack & Mary Rook and Juaetta & Bdward Caii. Approved by consent agenda. 2'424, Hagular Mssting of July 21, 1993. Approved by consent agenda. OLD BII®Z=S @"s• Approval - Policy for Request of Donations from Public and Businesses by Boards, Commissions and Committees. XWZON s Councilman Measles•MovaD for approval of the policy regarding boards, commissions and committees needing Council approval to ,request donations from the public and businesses. Councilwoman Swarner BaCONDBD the motion. There were no council comments. • KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 13 findings will be available for council at their next meeting. Monfor also reported circulation increased by 11,000 since last year. D-S. Parka & Recreation Commission ' Parks & Recreation Director McGillivray reported there was no meeting in July. The next meeting is scheduled for next week. D-6. Planning & Zoning Commission Councilman Smalley reported there were included in the packet minutes from the joint work session with Council, Planning & zoning Commission and the Townsite Historic Task Force, the July 14 meeting minutes and the July 281 1993 meeting minutes. Smalley reviewed the actions of the commission. Smalley asked if the City has to a rezoning which has been Sees were out of the country. contact the Sees before they contacted Mr. or Mrs. See in regard tabled for some time because the Administration was directed to left town at the end of the week. Councilwoman Monfor questioned action taken on an encroachment permit application for Rogalsky. Commissioner Bannock was in the audience and stated the encroachment was removed. Monfor asked why there have been so many encroachment permit applications. Monfor stated if the building codes are followed, there should not be so many applications. Kornelis stated for about two years, as-builts have been requested and hopefully this will cut the problems down. Councilwoman Monfor requested more information be included on the P&Z meeting agendas that will better describe properties discussed, i.e. subdivision lot and block, street addresses, etc. Smalley stated building trade people have been requested to identify all four corners; on properties, however, they are reluctant to provide that information due to extra costs. Smalley added, without the corners identified, problems with encroachments will continue. D-7. Miscellaneous commissions and committees Beautification - Councilwoman Swarner reported the Beautification Committee will meet next week. I KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 2993 PAGE 15 VOTES Councilman Measles requested t1NANIM0II8 CONSENT, There were no objections. 80 ORDERED. B-10 Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. s0 ORDERED. 8-2, Purchase Orders Exceeding $i,000 NOTION: Councilman Measles MOVED for approval of purchase orders exceeding $1,000 and Councilman Smalley SECONDED the motion. There were no objections. 00 ORDERED. N-3, Ordinance No. 1560-93 - Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund From the Reserve For Athletic Expenditures to Purchase a Parks Department Tractor. Approved by consent agenda. N-4. Ordinance No, 1561-93 - Amending KMC 7.25.020 (City Budget Control). Approved by consent agenda. a-$. Ordinance No, 1562-93 - Increasing Estimated Revenues and Appropriations by $1,221,000 as a Result of Receiving Eight State of Alaska Municipal Grants. Approved by consent agenda. N-6. Ordinance No, i563-93 - Increasing Estimated Revenues and Appropriations by $2,979.69 in the General Fund as a Result of Drug Forfeiture Receipts. Approved by consent agenda. . KENAI CITY COUNCIL MEETING MINUTES AUGUST 41 1993 PAGE 16 R-7. Diaoussion - Contaminated Soils - Kenai Courthouse. Williams referred to the Kornelis memorandum included in the packet which explained the need for the disposal of the contaminated soils in regard to the construction of the courthouse. The memorandum states the ADEC's position is that the City, as the owner, is responsible for the disposal of the contaminated soils. e Kornelis stated he has received estimates of $50 per cubic yard for the biological remediation of the soils and $50 per ton for using the soils in asphalt. Total cost is estimated to be $400,000 to $600,000 for the disposal of the soils. Kornelis requested direction from Council as to whether they want him to proceed with receiving bids to test the soils; have an environmental disposal plan drafted; and to carry out the disposal of the contaminated soils. Kornelis added he has discussed the situation with Attorney Graves and Graves does not believe the City's position with Grace Drilling and other PRP's would be compromised by cleaning up the site. The City is not accepting lability, but will proceed with cleaning up the site and the people responsible for the contamination will pay for the costs in the future. Kornelis added the Borough has requested proposals for disposal of contaminated soils as well. Kornelis stated he will get a copy of their specifications. The proposal will include costs to test the soils, have an environmental engineer write a disposal plan, and then hire a contractor to clean the site. The plan will be reviewed by ADEC and will require their approval as well. There are a number of firms who want to do the work. Council's direction was to have Administration proceed with Kornelis' recommendation as soon as possible. Mayor i. Information stem No. 9 - Williams referred to the • George Church letter included in the packet. Church stated he believed the street sweeping in Kenai went quite well. Williams • KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 17 stated he did not think it did. Also, the City has requested seeding be done in from the Dairy Queen a number of times. The work is not on top of their priority list. Swarner, referring to the letter, asked if there are areas in Kenai where the State could dump the dirt collected by the street sweeper and then cleaned up later. Kornelis stated there are. 2. Information Item No. 10 - A letter from the DEC regarding the 50/50 Municipal Matching Grant Program. Williams asked if Kornelis had projects in mind for this program. Kornelis stated he had three in mind from last year's CIP list for which he will apply and also for funds for water quality improvements. . 3. Artifact Gathering - Williams reminded Council of their previous discussion in regard to moving a donkey engine and other items from Chisik Island to Kenai for future display. Williams stated he will be returning to Chisik Island next Thursday or Friday. Williams added there will be costs involved as he was not aware the boat that will bring the equipment back from Chisik Island is under contract with Columbia Ward. Costs will include Williams' airfare to fly to Chisik Island and the travel and use of the "Pintail" to bring back the equipment. Williams stated he believed the cost will be under $1,000. Swarner asked where the equipment will be stored. Williams stated in the van recently purchased by the City. Williams added he did not want to move the -donkey engine twice however. Williams suggested it be placed on a concrete pad on City -owned property adjacent to the Old City Hall in Old Town. Williams stated it should be checked as to whether the property is available, its size, and whether the placement of a concrete pad and the engine in that area would infringe on the Historical Society's lease. Williams stated he would like to have a 30 x 60 or 30 x 8o sq.ft. concrete pad poured on which to place the engine. Later, when funds are available, a building could be constructed on the pad. Williams estimated the cost of the pad to be $7,500. When Williams was asked from where.the $7,500 would be taken, Williams suggested using money from the Daubenspeck fund. Williams 40 suggested it would be a recreational event because the engine/building could be incorporated into the walk through Old Town. Williams added the building would not be a very nice building. Williams stated he has had discussions with an • KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 18 architect in regard to the design of the building. Williams added the inside would be unfinished. The building would lend flavor of antiquity. Williams stated he does not envision another visitors center. Monfor asked if the engine is something that requires protection from the elements. Williams stated no, however the other machine shop equipment will. Smalley stated he supports the idea, but does have a problem using Daubenspeck funds. Measles stated more research was required in regard to the use of the Daubenspeck monies. Measles added there was a letter written that better explained for what the monies could be used. Measles stated he could probably support a General Fund transfer or charge it against bed tax as it would be more visitor related than recreational. Williams stated he would like to check the property size, etc. and if everything is all right, he would like to have a concrete pad poured before winter this year. Williams stated the cost of the pad should not be more than $7,500 and there may be some volunteer labor as well. There was no action by Council. I-24, City Manager 1. Water System Improvements - Manninen stated Administration would like direction from Council in regard to the use of funds budgeted for the well and water system improvements. Manninen asked if Council wanted to use the $20,000 to drill wells or to do a feasibility study of a well. -drilling plan and recommendations from a consulting firm of where the wells should be drilled. Manninen stated Administration recommended a feasibility study be done and then bring the information back to Council to choose a way to proceed. Manninen added the feasibility study would determine an overall plan either for well drilling, interconnecting existing systems, or testing waters at the float plane basin for possible use. Williams agreed a feasibility 40 how long it would take to have bUdget sessions they discussed she was not adverse to doing a Action is needed. The problem study is a good idea. Monfor asked a study done. Monfor added during a cost of $20,000. Monfor stated study, if it is done promptly. has existed for years. KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 19 Bookey asked if $20,000 would be enough to do the study. Manninen believed it would be. Manninen added studies are expensive, but he would prefer having an overall plan. Manninen stated he would like to work with Public Works and the engineer prior to doing a request for proposal. Manninen suggested by the next meeting he will have something for council to review. Smalley stated he believed the feasibility study would be worthwhile. Measles agreed and suggested there should be wells at opposite ends of town to help eliminate the possibility of being totally cut off from a water source during a crisis. Williams asked Council if it was their decision to have Administration proceed to have a feasibility study done. There were no objections. I-3. Attorney feNo report. I-4. City Clerk Freas reported nomination petitions were -available in the office for those wanting to run for council in the October 5, 1993 election. t-s. Finance Director No report. t-6. Public Works Director Kornelis reported: 1. Courthouse project going well. 2. Change Order No. 9 (courthouse project) has not yet been resolved. There is a difference in opinion about costs for some design clarification requests. Kornelis stated he hoped the change order will be presented at the next council meeting. 3. The fire pit arrived and was placed. 4. The airport gates bid was awarded to Jahrig Electric. 5. The airport paving is about to begin. 6. The Haller, Evergreen, McKinley, etc. paving project is progressing. Kornelis has met with property owners and will be 110 sending letters to property owners as well with the name of the general contractor in order that they may have driveways paved at KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 20 the same time if they so desire. (The driveway paving is at the cost of the property owner.) 7. Approximately $10,000 was paid in ramp fees. Attorney Graves has a list of names of those who did not comply and did not pay the fee. 1-7. Airport Manager Ernst congratulated ERA/Alaska Airlines for their Kenai operation ten year anniverstary. Ernst introduced Shirley Roberts, Sales & Marketing Representative for Kenai. Ms. Roberts thanked the City for their support through the years and invited all to join them in their celebration throughout the week. J-1. Citizens Dana Hannah - Rootes Moving Company. Hannah stated his company bought old buildings from Wildwood and can move them almost anywhere in town. Hannah suggested setting some of the buildings up in an area to be used by cannery workers Councilwoman Monfor added she had discussed the buildings with Mr. Hannah. Monfor suggested setting up a youth hostile for summer visitors. Hannah informed Council he has a 48 x 48 sq.ft. building for sale that could be placed on the concrete pad Williams discussed earlier for housing the Chisik island equipment. J-2. Council Sookey - Nothing. Swarnor - Referred to a letter to the editor in the newspaper regarding the Bernie Huss Trail. Williams stated he spoke with the owner of the Carr's property, Alan Norville. Mr. Norville asked if Williams had talked with Carr's. Swarner asked this item be placed on the goals and objectives list for further discussion. ti • • KENAI CITY COUNCIL MEETING MINUTES AUGUST 4, 1993 PAGE 21 Swarner stated she will not be at the next council meeting. Monfor - 1. Monfor asked McGillivray if the City provides sanitary facilities for softball players when they are in Kenai for softball tournaments. McGillivray stated the Softball Association makes arrangements for extra facilities. 2. Questioned whether the Beluga RV Park sign was acceptable. 3. Asked if the dirt roadway between the Carr's property and the Dairy Queen could be blocked and the garbage picked up. 4. Hopes the City will pursue the State about the traffic problems in front of Carr's and Kmart. Measles - Nothing. Smalley - 1. Reported he received a request from a citizen that city residents could launch their boats for free. Smalley stated he believed it was acceptable for city residents to pay. 2. Asked if the City was going to provide protection of the dunes at the Spruce Street beach area. Smalley also asked if portable sanitary facilities could be made available at the end of the spit during dipnetting in the summer. McGillivray stated they provided portable facilities this year when dipnetting started. Williams - Asked councilmembers meeting to review a video regarding sludge. to stay following the compost and disposal of The meeting adjourned at approximately 9:00 p.m. Minutes transcribed submitted "Mom By C40�cly cum OUNCL n