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HomeMy WebLinkAbout1993-10-20 Council Minutesto • A. Be C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING October 20, 1993 7800 P.M. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Certification of October 5, 1993 Election 4. Mayor/Councilmembers Oaths of office 5. Election of vice Mayor 6. Agenda Approval 7. 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, ECHEDU D 2M= COMM (10 Minutes) PUBLIC 8EARING8 1. Ordinance No. 1572-93 - Increasing Estimated Revenues and Appropriations by $1,950,000 in the Thompson Park Water and Sewer Lines Capital Project Fund. 2. Resolution No. 93-78 - Supporting Kenai Peninsula Borough Resolution No. 93-111, Urging an Exemption to the Mandatory Municipal Self -Pay Dues Program Proposed by the Alaska Municipal League, 3. Resolution No. 93-79 - Transferring $25,000 in the Airport Drainage and Safety Project for Construction Cost Overruns, 4. 5. 6. Resolution No. 93-80 - Supporting National Unfunded Mandates Day, October 27, 1993. Resolution No. 93-81 - Initiating a Special Assessment Improvement Proposal in Thompson Park. Resolution No. 93-82 - Requesting Municipal Assistance Funding from the State of Alaska. -1- 7. Resolution No. 93-83 - Certifying that the Municipality Did Suffer Significant Effects During the Program Base Year from Fisheries Business Activities, S. Resolution No..93-84 - Awarding a Contract for the Alaska Courthouse Contaminated Soils Project to Glacier Environmental Services, Ina. for the Total Project Amount of $425,015.00• 9. *1993 Liquor License - Now License - Kitchen Express & Seafood Saloon - Restaurant/Eating Place/Public Convenience. • . I.. ; ; • ' • ."Ty • ; 11 Council on Aging 2. Airport Commission 3. Harbor Cornission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Conmissions and Committees E. ' V 1. *Regular Meeting of October 6, 1993. �'. C�ORR8BP0 1. *10/7/93 Kent E. Swisher, Executive Director, AML letter regarding Weighted Vote and Fee Structure. 1. Discussion - Airport Gift Shop - Rent Reduction Request, 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Discussion - Assignments of Councilmembers to Commissions. 4. Discussion - Appointments to Commissions. 5. Discussion Joint Water Project - Kenai/Soldotna.. 6. Discussion - Land & Water Conservation Fund - Letter of Intent. -2- 0 7. Disoussion - Ice Rink - Donation Collection Authorization. S. Disoussion - Courthouse Dedications Ceremony. 9. Disaussiom - Letter of Intent - State of Alaska Historic Preservation Fund Grant Application. 10. Discussion Slaughter Residence Sewer and Water Service. 11. Approval - Extension of Construction Schedule, Lot 10, Block 2, Cook Inlet Industrial Air Park/Dan Van Zee. ' 12. Approval - Assignment of Lease,'Lot 2, Block S, Cook Inlet Industrial Air Park/Phillip Evans to M.J. Grimm and R.J. Johnson, 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager �T. DI8Ctt68t-ON 1. Citizens (five minutes) 2. Council 1C. ADJOVRNMEY�IT' �, -3,. 0 9 RENAI CITY COUNCIL REGULAR MEETING October 20, 1993 7:00 P.I. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMB, PRESIDING Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. c • c - -1— M Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . MOLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swarner, Measles and Smalley. Absent was Monfor. Williams, Clerk Freas read into the record, the Certification of the October 5, 1993 Election as follows: WE, the members of the Kenai -city Council, results of a canvass of the ballots for the October 5, 1993. NOR CITY COUNCILt Duane Bannock 541 Linda L. Swarner 405 Dean (Jack) Castimore 339 Nancy Gourley 194 William D. Toppa 246 Teresa Werner-Quade 190 SPOILED BALLOTS: ABSENTEE BALLOTS RECEIVED: (In person, Personal Representative, Mailed) QUESTIONED BALLOTS RECEIVED: 13 do hereby certify the Regular Election of Write -In: 4 ABSENTEE BALLOTS COUNTED: 81 QUESTIONED BALLOTS COUNTED: 7 84 POLL BALLOTS COUNTED: 1,079 TOTAL VOTER TURNOUT: 1,167 39 REGISTERED VOTERS: 3,320 % VOTER TURNOUT: 35% u 4) 1�1 KENAI CITY OCTOBER 20, PAGE 2 MOTZON1 COUNCIL MEETING MINUTES 1993 Councilman Smalley MOVED to certify the results of the regular election of October 5, 1993 as presented and Councilman Measles SECONDED the motion. There was no discussion by Council. VOTE: Williams: Yes Monfor: Absent Bookey: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. Swarner: Yes Smalley: Yes Oaths of office were administered by Mayor Williams to Councilmembers Swarner and Bannock. Mayor Williams requested Battalion Chief Jason A. Elson to come to the dies. The audience was informed of assistance Mr. Elson gave to an airline passenger during a flight from Seattle to Salt Lake City. The son of the passenger wrote a thank -you letter to Chief Burnett. Mayor Williams read the following letter of commendation: The Kenai City Council takes great pride in commending you for your off -duty response and willing assistance to Mr. Max Cash of Menton, Alabama on July 5, 1993 during a Delta Airlines flight to Salt Lake City. Your highly professional conduct and care of Mr. Cash, during the flight's re-route to Seattle,.is reflective of your compassion and many hours of dedication to your occupation. The City of Kenai and its citizens are fortunate to have -a person of your skill and caring in its employ. Thank you for a job well done! The letter was signed by all Councilmembers. A standing ovation was awarded to Battalion Chief Elson. • 0 • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 3 A-69 MOTtON3 • • AL14 r Councilwoman Monfor MOVED to nominate Councilman Raymond Measles as vice -Mayor and Councilman Smalley SECONDED the motion. There were no other nominations. VOTEt Nominations were closed. Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. 00 ORDERED, A-s. Mayor Williams requested the following changes to the agenda: ADDx B-Is Bob Cowan/Townsite Historic Zone, R-4, Commission/Committee Application of Bill Toppa (requesting placement on Planning a Zoning Commission from Airport Commission) 9-7, Documents regarding the proposed ice rink. (Williams stated these are not official documents of the Council but require Council review.) 8-91 10/13/93 Judith_E. Bittner, State Historic Preservation Officer letter regarding Certified Local Government. MOTIOXI Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. A-7. There were no changes to the consent agenda. • KENAI CITY COUNCIL OCTOBER 20, 1993 PAGE q MOTZON: MEETING MINUTES Councilwoman Swarner MOVBD for a presented and Councilman Hooke pproval °f the consent agenda as no objections. So ORDURD. Y 88CONDED the motion. There were 0 R_ �C co� e-l. Bob Cowan - Townsite Historic Zone. Cowan stated he was in the Aleutian ordinances had their n Islands at the time the stated he was speaking hearings (October 6 TSH property owners who are quite behalf of a nucleus of Old T Cowan Tom Tomerle, Will Jahri quite upset with the outcome Town handling of the choosing and dths ence Ladd). Cowan state8 th appearance of gerrymandering - discriminated boundary of the Zone had the he discriminated against.• Cowan stated the Of the boundary,Cowadded there are y feel Cowani•e• Bookey, Ralston properties left out Cowan requested reco • Garnett and Kinney. those i legal is in the original boundary to be, then the used* Cowan and in a bl Y would like to go Bookey referred to the c �gger scale. being outside of the zone. ent Cowan made regarding property in the TSH zone. Bookey stated he does not ownroperty inside the zone. Bookey stated he has lease agreements his preference wasDur During hearingsta was not before the Council,the zone asitt atonp c � but that choice Williams stated he made a similar Williams added if the boundarycomment during property would also were as g that discussion. of the area should beeiriincluded. it was originally, his Williams stated he feels most Williams suggested Cowan the TSH zone, including approved at the last council meetInget a cc of the land 8ehis tableerty. restrictions placed on buildin s ' Williams explained the It is a process of Orderlyg are not to development. prevent development. Williams suggested time ns deration of the ordinances. e represents this evening ma have recourse, Cowan added an Old To Cowan stated the process of for y Town Momeownenize and seek oration. rs Association Cowan stated the added if there this°isd like back to the original boundary • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20t 1993 PAGE 5► be given for the process. Williams added there were amendments made to work through to change the size of units for compatible buildings and allowances for conditional use permits. Cowan stated he is not opposed to preserving the area, but to have equality. IT= Cs PnBLtG 88ARtN�a C-1. Ordinance No. 1572-93 - Increasing Estimated Revenues and Appropriations by $1,950,000 in the Thompson Park Water and Sewer Lines Capital Project Fund. MOTIONS Councilman Smalley XOV$D for approval of Ordinance No. 1572-93 and Councilwoman Swarner 8ECOVDRD the motion. There were no public or council comments. VOTR: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Absent Measles: Yes Bannock: Yes Smalley: Yes MOTION PASOND - UNWINOUSLY 0 C-R. Resolution No. 93-78 - Supporting Kenai Peninsula Borough Resolution No. 93-111, Urging an Exemption to the Mandatory Municipal Self -Pay Dues Program Proposed by the Alaska Municipal League. MOTION: Councilman Measles KOVRD for adoption of Resolution No. 93-78.and Councilman Bookey BECONDRD the motion. Councilman Measles requested UMZXOU8 COWBRNT. There were no public or council comments. VOTR: There were no objections to the request for unanimous consent. 80 ORD8RRD. • • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 6 Williams requested Clerk Freas to send a copy of the resolution to the Borough Assembly President with a letter expressing Council's concern over the last vote of the Assembly and request reconsideration of their vote. C-3. Resolution No. 93-79 - Transferring $25,000 in the Airport Drainage and Safety Project for Construction Cost Overruns, MOTION: Councilman Bookey MOVED for approval of Resolution No. 93-79 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections to the motion. 80 ORDERED, C-4. Resolution No. 93-80 - Supporting National Unfunded Mandates Day, October 27, 1993. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 93-80 and requested MUMIMOUB CONSENT, Councilman Measles SECONDED the motion. There were no public comments. Williams gave an explanation of what unfunded mandates are and their effect on communities. VOTE: There were no objections to the motion. BO ORDERED, C-5, Resolution No. 93-81 - Initiatinga special Assessment Improvement Proposal in Thompson Park. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-81 and Councilwoman Swarner SECONDED the motion. There were no council or public comments. • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 201 1993 PAGE 7 VOTE: There were no objections. 80 ORDERED. C-6. Resolution No. 93-82 - Requesting Municipal Assistance Funding from the State of Alaska. MOTION: Councilman Measles MOVED for adoption of Resolution No. 93-82 and Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C 7. Resolution No. 93-83 - Certifying that the Municipality Did Suffer Significant Effects During the Program Base Year from Fisheries Business Activities. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 93-83 and Councilman Bookey SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. There were no council or public comments. VOTE: There were no objections to the motion. BO ORDERED. 0-8. Resolution No. 93-84 - Awarding a Contract for the Alaska Courthouse Contaminated Soils Project to Glacier Environmental Services, Inc. for the Total Project Amount of $425,015.00. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 93-84 and Councilman Measles SECONDED the motion. Williams requested a break be taken in order to telephonically add Steve Miles, President of Glacier Environmental Services, Inc. DRE R: 8:32 P.M. BACK TO ORDER: 8840 P.M. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 6 Reference was made to the memorandum from Engineering Technician Rachel Clark included in the packet. Attorney Rick Baldwin - Stated he represents Fertech Environment Systems, Inc. who believe they are the low bidder for the contract of the contaminated soils project. Baldwin stated his clients dispute the award of the bid to Glacier Environmental Services, Inc. Baldwin handed out a copy of the bid opening information to council. Baldwin explained Glacier had offered a unit price in words of "fifteen dollars even." Their total unit price was stated as $15,000. Baldwin stated Council will be able to quiz Glacier as to whether they really meant "fifteen dollars even." Baldwin stated the Supreme Court allows discrepancies between words and numbers to be resolved in favor of words. Baldwin added federal law does not. Baldwin stated Glacier double bid, i.e. gave one bid and then declared it was an error and gave another bid. Fertech would be the low bidder if Glacier's bid would be considered as it was originally figured (using the $15,000 amount) at $430,000. Baldwin stated the bid award should not proceed from Glacier's mistake. Baldwin stated Fertech was the lowest responsible bidder. Baldwin suggested Council should consider the City's liability if they award the bid to Glacier. Baldwin added Fertech will eliminate the liability. Baldwin went on to discuss the types of work that would be done by Fertech and Glacier. (Glacier will wash the soil on site. Fertech bid enhanced bioremediation, removing all the soils to another site and build their bioremediation unit there. After DEC certification is received that the soil is clean, the clean soil is then disposed from the site.) Baldwin discussed the experience of both companies and financial standing. Baldwin suggested Council question themselves about the intdgrity of the bidding contest and seriously consider the long-term effect of their actions. Baldwin urged Council to vote against the award of the bid. Council questioned the bid opening information distributed by Baldwin. Attorney Graves stated there are two Alaska Supreme Court opinions stating a government is to count words over numbers. Graves stated Glacier is the low bidder under the law and there is no way around it. • 40" KENAI CITY OCTOBER 20, PAGE 9 COUNCIL MEETING MINUTES 1993 Kornelis stated their bid specifications are standard in industry in Alaska and nationwide. The specifications state words take precedence over numbers. After the bid opening, all bids are reviewed and adjusted, if necessary, according to the written words. Kornelis added this is always done and there are always mistakes in the bids, i.e. numbers v. words. They always use the written words and multiply it out. Kornelis added the specifications discussed the cleaning of the piles as well as 3,000 cubic yards of subsurface soils. Kornelis stated the best way of handling the soil is debatable. Kornelis personally believes thermal care is best, however it is more expensive. Both methods discussed tonight are ADEC approved. There are stringent specifications to control the work. 100; bonding is required by any of the contractors. Kornelis stated his department recommends Glacier Environmental. Kornelis stated the handwriting on the bid sheet distributed by Baldwin was not his or that of the engineering technician. Discussion followed regarding the bonding requirements and how they play in the completion of the work if necessitated by the inability of the contractor to complete the work. Tom Sullivan - Vice President of Glacier Environmental Services. Sullivan discussed the company's financial records and length of business in Alaska and experience. Sullivan also discussed his company's experience in Alaska. Sullivan stated they will be washing the soils and then removing them from the site as it is required. The company carries $1 million in pollution liability insurance. They will not transport contaminated soils off the site. Sullivan stated an accident would cause a huge liability problem. That is why they clean the soils on site. If it is moved from the site prior to cleaning, there is a potential of contaminating another site. Sullivan stated his company has no affiliation with Enviros.. Fertech states they will act as the general contractor and do the work as well. This is not allowed by the specifications. Sullivan stated because of this, Fertech is non -responsive. Sullivan stated he agrees with Baldwin that if the work is not done right, it will not go away. Sullivan stated Council's best bet is to stay with the recommendation and award the bid to Glacier. When their work is complete, the area will be tested. 61 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 10 Williams asked if Glacier will stipulate in writing they will clean the soils below the piles. Sullivan stated that would not be a problem. Sullivan stated they have worked with the Corps of Engineers in Dutch Harbor and have been approved by the Corps. Steve Miles - President of Glacier Environmental (telephonically). Stated Glacier works with Enviros. Glacier's work is to implement plans provided to them. Miles gave a short history of the company and past work. Miles added they feel soil washing is better than enhanced bioremediation. ° Williams reviewed the law as to words v. numbers. Williams added council may disregard the law and throw the bid out. Graves stated that is not accurate. Graves stated Glacier is the low bidder under Alaska law. Council has the prerogative to award the bid to another if they think another bid is better for the city. Manninen added the bid may be awarded to someone else within the scope of the project. Swarner asked when the work would begin. Kornelis stated after the award of the bid and notice to proceed, the contractor will have to cover the piles or remove them. Glacier would cover them and probably begin work in the spring. Kornelis stated he believed Fertech would do the same. Williams asked if Council does not award the bid, would the City be responsible to cover the piles until a contractor is hired. Kornelis stated yes. Kornelis stated he strongly urges Council to award the bid tonight. Bannock asked Kornelis if money was available, what method did he believe would be the best. Kornelis stated thermal. Bannock asked what the likelihood is for Grace Drilling to pay for the work. Graves stated they really cannot respond to that in a public meeting. Graves added if it seemed possible Grace would have paid for the work without problems, that remedy would have been pursued. Kornelis added he sent a copy of the specifications to Grace Drilling, but has not had a response from them. Williams stated money has only been appropriated to cover this bid. No money has been appropriated for thermal. If Council decides they want thermal, the bid award could not be done 41 tonight. Discussion continued. Williams asked Sullivan if Glacier was unable to complete a project. Sullivan stated no never. . KENAI CITY COUNCIL MEETING MINUTES OCTOBER 201 1993 PAGE 11 Sullivan added they have never been involved with an attorney so early in a project either. Sullivan added the request for proposal asked for an independent third party for sample testing and design. Sullivan stated Glacier does not own Enviros. They are a separate company. Measles asked if anything other than getting the piles covered is critical to the award of the bid tonight. Kornelis stated he was not aware of anything. Kornelis added he feels it important to award the bid tonight. Graves added if the piles are not covered this winter (by a contractor), he would expect DEC will require the City to cover them this winter. Kornelis added he has received threatening letters. Measles asked if the item was delayed for two weeks, would that be critical. Measles added after the piles are frozen, the dirt will not go anywhere. toMOTION= Councilwoman Swarner MOVED to table the action. MOTION DIED FOR LRCR OF SECOND. Smalley asked what the cost to the City would be in time and materials to cover the piles. Kornelis stated it would very expensive. The piles are covered with something much heavier than visqueen. Swarner asked when the contract would receive the notice to proceed. Kornelis stated the contractor has ten days in which to get the bonds and certificate of insurance. Then the notice to proceed is issued. Swarner stated she would like to wait on the vote until she has time to discuss the matter with members of her daughter's university engineering department. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 93-84 to Glacier Environmental Services for the amount of $425,015. MOTION DISREGARDED, MOTION ALREADY ON THE FLOOR. Measles requested a short break. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 12 BREAK: 8:45 P.M. BACK TO ORDER: 8853 P.M. Swarner asked Sullivan questions of the washing process. Sullivan stated they do not normally use chemicals in the water they use for washing. Normally they use plain water with a deep filtration system. DEC approves. The used filters are often sent back to the manufacturer who recycles them. The used filters are sent out immediately. There is no purpose for them to stay on site. COUNCILMAN KBABLES CALL FOR THE QUESTIONS Williams stated he will observe the law in regard to the money and will rely on the recommendations of staff and vote to award the bid to Glacier. VOTE: Williams: Yes Bookey: Abstain Swarner: Yes Nonfor: Absent Measles: Yes Bannock: Yes Smalley: Yes NOTION PABBED UNANIMOUBLY. C-9. 1993 Liquor License - NOW License - Kitchen E Seafood Saloon - Restaurant/Eating Place/Publicness & Convenience. Approved by consent agenda. ITBM D a 40MMI88I0N JQMITT1j REPORT8 0-1. Council on Aging No report. D-2. Airport Commission Councilman Measles reported they Commission met last week. Action was taken on the rent reduction request by the lessee of the gift shop. The Commission approved the rent reduction. Action by Council will be taken at Item G-1. Measles added the Commission will be reviewing future salability of the airport KENAI CITY COUNCIL MEETING MINUTES OCTOBER 201 1993 PAGE 13 leases for when they expire in 1994. Measles added the rent reduction was allowed to not restrict the occasional opening of the gift shop during the holiday season, etc. D-3. Harbor Commission No quorum. No meeting. D-4. Library Commission No quorum. The Directors report was included in the packet. D-5. Parks a Recreation Commission Bob Frates gave materials regarding outhouse costs to Kornelis for later discussion. Williams stated he has heard a number of negative comments regarding the gym $1.00 user fee. Williams stated the comments were made by basketball players. Williams stated he was told some people are paying and some are not. Williams questioned whether the fee was worth the controversy in the community. Williams strongly recommended Council again discuss the user fee in the near future. D-6. Planning a zoning Commission Smalley stated the unapproved minutes were included in the packet. Smalley reviewed actions taken by the Commission (which were included in the minutes). D-7. Miscellaneous Commissions and Committees AML Conference - Williams gave a short report on the upcoming AML Conference. Sponsor booths are filling fast, hotel room rentals are expected to be approximately $100,000. Williams added there is no hesitation of persons coming to Kenai and paying the bed tax and the travel agency 10% fee. Williams added the City of Kenai has three people attending the committee meetings. ITM E a XXX 1=0 Z-1. Regular Meeting of October 6, 1993. Approved by consent agenda. • 0 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 14 P-1. 20/7/93 Kent E. BNisbsr, 8xeovtive Director, UM letter regarding Weighted Vote and Fee Structure. Approved by consent agenda. No discussion. ZT= At oLD Boa=�$es Discussion - Airport Gift Shop - Rent Reduction Request. MOTtONs Councilwoman Swarner MOVED to reduce the rent of the gift shop effect January 1, 1994 through March 31, 1994 to $50 per month. Councilman Smalley SECONDED the motion. Councilman Bookey stated he feels the lessee took over the lease last year and was aware the lease would be under the restrictions of last year. Measles stated no, the rent reduction was for only one year. That is what the original lessee requested. Bookey stated the new lessee took the lease on two months after the lease was reduced. Bookey stated he thinks the lease should be maintained as it was last year. Bookey added has no problem with reducing the rent, but not for allowing the opening and closing when the lessee wishes. Bookey stated the lessee and the City should derive revenues. Measles stated the gift shop is a loosing proposition. Measles explained the lessee (Dobrich) does not plan to keep the gift shop open during the off season. Measles stated he does not know if the lessee is planning on renewing the lease unless the situation changes over what it has been the last few years. Measles explained Dobrich.feels he has a lot of inventory that is not suitable for an airport gift shop. That is why he wants to open the shop during the holiday season in order to offer those items for sale at a heavy discount. Hopefully he will be able to reduce his stock and get other merchandise that he will better be able to sell during the summer season. . KENAI CITY OCTOBER 20, PAGE 15 COUNCIL MEETING MINUTES 1993 Williams suggested in the future the gift shop space be leased without dictating what must be in the space. Measles stated he did not think that can be done. Measles added Dobrich has the lease for another year. Bookey stated he has no problem with the operation of the gift shop in the space, however he does not believe there will be a long-term lease in the airport unless the leases are allowed to seek their own level. Bannock stated his concern that the lessee can close his doors while the airport stays open. Bannock added he believes it sorry that the gift shop will close down during off -winter months. Staying open is part of business and should be a part of a year- long plan of the lessee. Williams stated he would like to have the Airport Commission review the situation of the airport leases and discuss what they really want to see as airport businesses. Also, review the leases and perhaps combine some of the leases, such as the bar, restaurant and gift shop. Airport Manager Ernst stated the Commission has already discussed this at their last meeting and will be discussing it again during the winter. Measles stated the restaurant and lounge leases are not the problem. Measles added he does not think the gift shop will ever be profitable in the airport. People do not stay in the airport long enough to shop. Bookey restated his concern that the rental spaces need to be self-seeking. VOTE: Williams: Yes Bookey: No Swarner: Yes Monfor: Absent Measles: Yes Bannock: No Smalley: Yes MOTION PASSED. Williams stated the rent will be dropped from January 1 through March 31, 1993. ITIA 8. = RMURSB • H-1 Bills 1 to be paid, Bills to be Ratified • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 16 • MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. N-R• Purchase Orders Euceedin q $i, 000 MOTION: Councilman Measles MOVED for approval of the orders exceeding $1,000 and Councilman Smalley SECONDcEDthe emotion, Councilman Bookey questioned the purchase of cellular phones. Chief Burnett stated the decision to is better represent the City in a disasterroraemergencyones situatioon. Burnett added it is more advantageous to use the phones, i.e. information is received and distributed directly, instead of b messages. This is a government package months, 15 phones at 310 g price at $4,500 for eight $ per phone. The package also allows for 1000 free minutes of use. Measles stated he expects they will find it will be hard to use the 1000 free minutes and may want to change packages to a business rate. Measles stated Tesoro started with a similar package and cut back to the economy package for that reason. Measles stated it may be something Burnett will want to review. VOTE: Councilman Smalley requested VX=IMops CONSENT. objections. s0 ORDERBD. There were no 8-•3 Discussion - Assignments of Councilmembers to Commissions. Assignments were made as Councilman Bookey - Councilwoman Swarner Councilwoman Monfor Councilman Measles - Councilman Bannock - Councilman Smalley - follows: Harbor Commission Council on Aging and Beautification - Library Commission Airport Commission Parks & Recreation Commission Planning & Zoning Commission Councilwoman Swarner requested other councilmembers consider being the liaison for the Beautification Committee. Swarner (a KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 17 suggested a new perspective is needed. Swarner also suggested the consolidation of the Beautification Committee with Parks & Recreation be considered. Swarner stated subcommittees of the Parks & Recreation Commission could be used. Smalley stated he will continue serving on the Ice Rink Task Force. Williams stated the TSH Board will need members very soon, as well as a Sister -City Committee. N-4* Disoussion - Appointments to Commissions. Williams referred to commission/committee applications included in the packet. A Planning & Zoning Commission seat is available, as well as Harbor Commission. Williams referred to the application of Bill Toppa, senior member of the Airport Commission who is requesting to be moved to Planning & Zoning. The application of Airport Commissioner Teresa Werner -Quads was also included in the packet. Werner -Quads also requested to be moved from the Airport Commission to Planning & Zoning. Williams stated a member will also be needed on the Airport Commission if Toppa or Werner-Quade is moved to Planning & Zoning. Swarner suggested all applicants complete the new application which asks for a statement why the person wants to be involved with the commission for which they are applying. Swarner also requested Council's consideration of combining the Harbor and Airport Commission and call it a Transportation Commission. Swarner stated she feels the City is over -commissioned. Williams stated combining the commissions had been discussed in the past. Because of different operations in the budget, it would be hard to combine them. Swarner referred to minutes of those commissions and stated it is hard for them to have quorums for the meetings. Smalley agreed with the idea to have the applicants complete the new application. Clerk Freas stated when commissions do not have a full membership, it is harder to have quorums for the meetings. Measles agreed and, stated the longer Council postpones assigning commission members, it will be harder for to have quorums and more meetings are canceled. Bannock recommended Toppa to the Planning & Zoning Commission. Bannock added Toppa's views are similar to his and would support Toppa. Smalley referred to his time as a P&Z commission and ad hoc member, and suggested a woman's perspective is important. • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE IS Smalley stated Werner-Quade's application was made and received prior to Toppa's. Smalley added both people are equally qualified, however he would probably vote for Werner-Quade. Swarner stated both have filed conflict of interest forms ( for their council campaigns). Swarner suggested they should take the first applicant. Williams recommended Teresa Werner-Quade be moved from the Airport Commission to Planning & Zoning. Williams also recommended Linda Bonewell to the Airport Commission. MOTION: Councilman Measles MOVED for approval of Mayor Williams' recommendations. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED, R-S. Discussion - Joint Water Project - Kenai/Soldotna. Williams referred to information included in the packet from Soldotna City Manager Richard Underkofler. Councilwoman Swarner stated she did not think it necessary to discuss this matter until the water feasibility study is completed. Williams explained this is a question of whether Kenai will join with Soldotna to determine what the cost of a water study would be. There would be no cost to the City until the cost of a study is determined. Then Kenai could join with Soldotna to seek a joint state grant application for the funding of the system. Williams stated it would be interesting to find out what might be available for the year 2000 and beyond. Williams added a long- term review is needed. Williams stated Council should only decide whether it wants to join with Soldotna to put out a request for proposals to find out what a feasibility study would cost. Williams added the project would not proceed without money, to proceed. Discussion followed. Smalley asked if Underkofler can find out what the cost would be without Kenai's participation. Williams. stated he believes they want Kenai to join and have both cities working with the legislature to get grant funding. Manninen stated Kenai needs to look at the question from several perspectives: (1) a feasibility study is already in progress; (2) one well is being drilled, but Council may want to drill another in a different area; and (3) ten years ahead, Kenai may • KENAI CITY OCTOBER 20, PAGE 19 COUNCIL MEETING MINUTES 1993 want to build a filtration plant and a joint project may be the best way to do it. Manninen suggested Council should proceed with drilling the wells and the feasibility study first. Manninen added the feasibility study should be completed in January. Manninen added if better water is not found, it would increase the chances of state funding for a joint system. Manninen added a filtration system will be very costly. Manninen suggested if Council wants to do something, Kenai could enter into a conceptual agreement to upgrade the 1979 water study, but do not commit anything but local staff time and Council consideration of a request for proposals after the feasibility study and drilling have been completed. Smalley stated his concern of the amount of staff time needed if they commit to the request for proposals. Smalley stated he would rather wait until the study and drilling are completed. Measles stated the ongoing projects should get first priority. Measles added there is a lot of time to develop a request for proposals. Bookey agreed with Measles and Smalley. Manninen stated the well being drilled is at a 360 ft. depth. The contractor does not think he can go deeper with his equipment. The authorized amount of funding has not yet been spent. Manninen suggested another contractor be hired or drill another well close to Well No. 1 along Beaver Loop. Manninen stated Council authorization is needed to begin drilling along Beaver Loop. Manninen stated another $5,000 could be spent on the well being drilled at this time and the drilling of another well (Heaver Loop) will cost another $10,000-15,000. Manninen stated that cost is cheap compared to a filtration system, etc. Kornelis stated the water pumped from the current well -drilling is not any better than from Well No. 2. Kornelis added the water from Well No. 1 is very clean. Discussion followed. Manninen requested authorization to drill the second well. Smalley, Swarner and Measles stated their agreement. Williams asked if Council wanted not interested in doing a study a second well near Wellhouse No. 1. approximately $15,000 to drill a to indicate to Soldotna they are t this time and to drill a Manninen stated it will cost second well. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 201 1993 PAGE 20 ACTION: Administration was requested to bring back more information to the next meeting. Nancy Gourley from the audience) requested Council move to Item H-10 due to the lateness of the hour. There were no objections. N-10. Disauesioa - Slaughter Residence Sewer and Water Service. Judith A. Slaughter - Referred to her letterwhich was sor wincluded in the packet. The letter statessystem aste disposal and well do not meet the Shestandards been informedcity. by DECHer she crib is deteriorating rapidly. cannot replace the crib. City water and sewer lines are approximately 80' from her pwithout disruptingThird her neighbors' However, she cannot connect property or the Grant Place right of way. Slaughter added she has discussed the matter with City Engineer La Shot a number of times. The last La Shot informedprior her hooks g paving project. Slaughter stated into the water and sewer lines would be at her ereexpense, nt as well as engineering fees associated with t involved. A lengthy discussion followed. Finance Director Brown stated there was never an assessment disinict an assessmentformed in tdistrict. *t is not a matter of participating A memorandum from Jack La Shot was also included in the packet. The memo explained ADEC will not approve a replacement of the Slaughters' crib system because tthe Code statesare within 200 if aeet of the structure municipal system. Additionally, (which creates sewage or uses water) is within 200 feet of a sewer or water main, the structure must ededicateda the sewerto the city system. Because Grant Place is only half and water capital project done in 1983 did not include this property. The capital project eliminated the need for an assessment district because the According cost to thefthe Kenaiproject was Muniaipale funded by the state grant. Code, cost for the 80 to 90 feet rantaplaceline riehteofiway line ons neededfor Slaughter to connect to the G g would be at Slaughters' expense. • XffiJAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 21 Kornelis stated he spoke with Dave Johnson of DEC and referred to Slaughterls letter. Kornelis stated Johnson did not recollect the comments represented by Slaughter. Johnson stated the crib could not be replaced with a crib. However, it may be replaced with a septic tank. Then the only problem would be the separation of the well from the septic system. Williams asked if the City would develop the lines, would Slaughter pay 25% of the cost. Slaughter stated she would have to speak to her husband. However, they would have a problem with having to pay when their neighbors did not. Williams was reminded the original project was 100% funded. Williams suggested directing Administration to investigate the cost to extend the water and sewer lines to the three lots until such time the road is fully dedicated. After the estimated cost is known, Council will review the matter again. Smalley stated he had no objection. Bookey agreed, however he requested Slaughters speak to DEC again and ask them to put their opinion in writing. Swarner requested other areas be investigated as well. Williams suggested an inventory of streets and cul-de-sacs water and sewer needs be done. There were no objections from Council. MOTION: Councilwoman Swarner MOVED to reconsider Ordinance No. 1567-93 regarding the Townsite Historic Zone. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. MOTION: Councilwoman Swarner MOVED to set the meeting (for the reconsideration) for December 15, 1993. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED, Councilwoman Swarner left the meeting (approximately 10:40 p.m.). 8-6. Discussion - Land & Water Conservation Fund - Letter of Intent. Williams referred to Parks & Recreation Director McGillivray's memorandum included in the packet stating a letter of intent to Land & Water Conservation Funds has been submitted. The letter requests funding to replace five existing outdoor toilet r • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 22 facilities in Kenai parks. These facilities are in need of repair and must be upgraded to meet ADA requirements. Williams stated no action is needed until it is known whether funds have been granted. Williams also referred to an attached memorandum from Finance Director Brown wherein he stated his concerns of building toilet facilities near the picnic shelter by the ballfields. The property is airport fund lands. Brown is concerned the general fund may need to purchase this property because with the placement of these facilities, etc., it could be said it is a park. Williams stated Council should disregard Brown's memo. A brochure of the proposed outdoor toilet facilities was reviewed by Council. It was explained the facilities are kits, are designed for cleaning from the outside, and meet ADA requirements. The cost for five of the facilities is $195,000. The grant requested is a 50/50 grant. Further discussion followed. ACTIONs Place on the next agenda for further review. H-7. Disou®eion - Ice Rink - Donation Collection Authorization. A memorandum was included in the packet identifying funding sources for funding of the proposed ice rink. Williams passed copies of three different donation forms for collecting funding to pay for a portion of the proposed ice rink. The forms included: 1. Donor organization entitled to two free days of 2. Board advertisement $2,500 or two-year = $1,250). 3. 1994 Permanent Fund (for donation of $1, 000 or more) - use of the facilities. (lifetime = $5,000, five-year = Dividend. Williams explained all three forms include a clause that if Null funding is not secured by July 1, 1996, the money will be., refunded without interest to the donor. Williams added in order to be credible, authorization from Council is needed to receive the donations and hold them in a City account. Williams reported November 8, 1993. meeting scheduled KPHA will hold a "town hall" meeting on Smalley and Williams will be attending a for next week. An advertising brochure will be • KBNAI CITY OCTOB&R 201 PAGE 23 COUNCIL MEETING MINUTES 1993 distributed which will include details of the cost of the project. Williams requested Council's approval of KPHA using the agreements for donations. Smalley reported some KPHA members have been advised there are a number of residents who have made comments about the cost of the facility. The Task Force is still trying to find property in a space where there will be little or no cost at all for the. location and utilities. Smalley added the Task Force is aware they want to bring a facility to town that will not cost anything to the City. The meeting will discuss the cost of operation of the facility, etc. The group has discussed the potential of summer camps, skating lessons, Oilers use at the beginning of their season, etc. Smalley stated he believed Council had taken action to approve the City's providing $100,000 for the project. Clerk Freas and Finance Director Brown stated they were not aware of any formal to action. Smalley requested the minutes be reviewed if action was taken. MOVION: Councilman Smalley 1iIMD to authorize the City of Kenai to collect monies donated for the funding of the ice rink and hold them for future use. Councilman Bookey BECONDED the motion. There were no objections. 80 ORDERED, R-8. Diocussion - Courthouse Dedication Ceremony. Williams referred to a memorandum from Clerk Freas included in the packet. The memorandum explained Williams requested punch, finger sandwiches and cookies be provided for the dedication/open house. The memorandum gave an estimated cost of $825 for refreshments for 300-350 persons. A listing of persons to invite was also included in the memorandum. Williams stated he received a telephone call from someone from the Court System suggesting the Court System pay for half of the cost. They are to contact Freas. KENAI CITY OCTOBER 20, PAGE 24 MOTION: COUNCIL MEETING MINUTES 1993 Councilman Smalley MOVED to approve a not -to -exceed amount of $825.00 for refreshments for the dedication/open house. Councilman Bookey SECONDED the motion. There were no objections. 80 ORDXRED. Bookey suggested Mayor Gilman, the Borough Assembly and the Soldotna City Manager and Council be added to the invitation list. B-9. Discussion - Letter of Intent - State of Alaska Historic Preservation Fund Grant Application. it was reported the letter of intent (a copy in the packet) was forwarded for review. There was no discussion. 8-11. Approval - Extension of Construction Schedule, Lot 10, to Block 2, Cook Inlet Industrial Air Park/Dan Van Zee. MOTION: Councilman Smalley MOVED for approval of the extension of a construction schedule for Lot 10, Block 2, Cook Inlet Industrial Air Park for Dan Van Zee. Councilman Bookey SECONDED the motion. There were no objections. 80 ORDERED. 8-12. Approval - Assignment of Lease, Lot 2, Block 5, Cook Inlet Industrial Air Park/Phillip Evans to M.J. Grimm and R.J. Johnson. MOTION: Councilman Smalley MOVED for approval of the assignment of lease of Lot 2, Blocx 5, Cook Inlet Industrial Air Park from Phillip Evans to M.J. Grimm and R.J. Johnson. Councilman Bookey SECONDED the motion. Administration had no objections. VOTES • RENAI CITY COUNCIL MEETING MINUTES OCTOBBR 20t 1993 PAGE 25 1-10 Mayor No report. I-Z. City Manager Manninen reported he received a'memorandum from Chief Burnett indicating Hope/Sunrise EMT Service has a need for the City's retired 1977 Dodge Medicruiser. Manninen stated Administration recommends the donation of the vehicle upon approval of the Council and City Attorney Graves' verbiage on the donor notification. NOTIONS Councilman Smalley MOVED to authorize the donation of the 1977 Dodge Medicruiser to the Hope/Sunrise EMT Service and Councilman Bookey SZC014DZD the motion. Councilman Smalley requested 01ilANIMOUS CONSENT. There were no objections. so ORDERED. I-3. No report. I-4. Attorney City Clerk Reported an invitation was received from the City of Soldotna for Kenai Council and interested staff to attend a meeting at the Sports Center regarding "demonstration erosion control and habitat restoration." 1-3, rinance Direotor No report. =-6. 8ublio Works Director Kornelis reported the Council's Capital improvement List has been forwarded to the Borough. Kornelis reported he received a telephone call from Representative Navarre's office suggesting brochures be mailed to members of the legislature as before. However, back-up information regarding the different projects be forwarded to only the areas' legislators. There were no objections from Council. E 0 KENAI CITY OCTOBER 20, PAGE 26 COUNCIL MEETING MINUTES 1993 It was suggested copies of the brochure be placed at the Library, ERA Counter, Chamber of Commerce and the KPB Tourism and Marketing Council offices as well. I-7. Airport Hanger No report. XTEN J t 0 Rii ffma?ol�l J-1. citizens None. J-a. council eookeys Welcomed Bannock to the Council. Moaslest Nothing. Bannocks Thank you for the welcome. Stated he was happy to be a member of the Council, Bmalleyt Reported members of the Planning & Zoning Commission have expressed their frustration with regard to the outcome of the TSH zone ordinances. Discussion followed wherein there was some concern the motion for reconsideration by Councilwoman Swarner asked covered only one ordinance, not the ordinance setting the boundary of the zone. To ensure all ordinances will be reconsidered, another motion was stated-* k C.J4U. . Councilman Bookey MOVED to reconsideration of Ordinance No. 1569- 93 and Councilman Smalley 68CONDED the motion. There were no objections. 80 ORDERED. MOTION$ 41 Councilman Bookey MOVED to set the date for the reconsideration of Ordinance No. 1569-93 for December 15, 1993. Councilmen Smalley 88CONDED the motion... There were no objections. BO ORDERED. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1993 PAGE 27 Willl=93 Reported he has received a letter from Chris Titus, Department of Natural Resources regarding Bill Altland. When Mr. Altland resigned from the Harbor Commission, he also resigned from the Kenai River Special` Management Area Board. Williams suggested a member of Council or the Harbor Commission be assigned. Measles stated he thought Council was going to withdraw everything from KRSMA. Williams stated he believed the City should sue the State of Alaska for $50 million. Action was delayed for assignment to the Board. The meeting adjourned at approximately 11:17 p.m. Minutes transcribed and submitted by: /f r7no n.11. BY Cd91 Nct A4v� DA') ad Cirl4MC 0