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HomeMy WebLinkAbout1992-05-19 Council MinutesAG=DA RUMI CITY COUNCIL 4ft ' RR4tfl" MUTING MAY 19, -1992 1. Pledge of Allegiance 2. Rolf Call 39 Agenda Approval 40.1 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. S. MOIDULED 2=ZC Qgjo i1T (10 Minutes) C. BU�LIC HBARIH3A i. Ordinance No. 1494-02 - Amending KMC 7.25.100 to Clarify Allowable Uses of General Fund Capital Improvement Reserve Monies. 2. Ordinance No. 2497-92 --Increasing Estimated Revenues and Appropriations by $1ji25,000 in the Airport Drainage and Safety Zone Improvements Project. a. enbatituts Ordinance No. 1487-92 - Increasing Estimated Revenues and -Appropriations -by $1,5300307 in..the Airport Drainage and safety zone Improvements Project. 3. Ordinance No. 1488-92 - Amending KMC 22.05.080 to Provide for Grant or Donation to Non -Profit Housing Corporations of Foreclosed Property Held by the City for More than Ten Years. 4. ordinance No. 1489-92 Amending Chapter 2.40,of the Municipal Code Governing Liquor License, Approval, 5. Ordinance no. 1400-92 - Replacing the.Tables Referred to in the Personnel,Regulation'' (Title 23) to Establish a New'Salary.Structure.by Grade and Now Hourly Rates for Part -Time Employees. 0 6. Ordinance No. 1491-92 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -For -Hire." a. Substitute Ordinance No. 1491-92 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles For -Hire." 7. Ordinance No. 1492-92 - Decreasing Estimated Revenues :. and Appropriations in the Senior Employment Fund by $717 . 8. Ordinance No. 1493-92 - Increasing Estimated Revenues and Appropriations by $200,000 in a New Capital Project Fund Entitled "Mission Street Improvements." 9. Ordinance No. 1494-92 - Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $15,000 in the General Fund for Dust Control orr City Streets, 10. Resolution No. 92-13 - Amending the City of Kenai Public Utility Regulations and Rates. 11. Resolution No. 92-31 - Accepting a Grant form the State of Alaska, Department of Transportation and Public Facilities for Runway Drainage and Safety Area Improvements. 12. Resolution No. 92-32 - Setting the Percentage of Fair Market Value to be Used in Order to Derive a Fair Return on Lease of Airport Lands. 13. Resolution No. 92-33 - Awarding a Contract for Engineering Design for the Project Entitled Mission Street Improvements to Mike Tauriainen, P.E., for the Not -to -Exceed Amount of $12,442.00. 14. Resolution No. 92-34 - Awarding a Contract for the Construction of the Airport Drainage & Safety Zone Improvements to Zubeck, Inc. for the Basic Bid Amount of $1,222,396.80, Alternate "A" in the Amount of $920474,000 and Alternate "B" in the Amount of $45,300.00. 15. Resolution No. 92-35 - Requesting the Kenai Peninsula Borough to Change and Establish the Name of a Certain Existing Street Within the Kenai City Limits. GOM�t2B8ION�CO,,,� '1"1'EL ORTB 1. Council on Aging 2. Airport Commission -2- 0 40 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6• Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. *Regular Meeting of May 6, 1992. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 2496-92 - Amending Kenai Municipal Code Land Use Table, Rural Residential Zone (RR, and Recreation (R) Zone Uses. 4• *Ordinance No. 1497-92 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1992, and Ending June 30, 1993. 5. *Ordinance No. 149E-92 - Amending KMC 23.40.020 to Provide for Monthly Payment of Holiday Pay for Certain City Employees. 6• *Ordinance No. 2499-92 - Amending the Official Cof Kenai Zoning Map for Certain Lands Described as Portion Of Section 5 & 61 TSN, R11W, Townsite Historic Zone. 7. *Ordinance No. 1500-92 - Amending the Kenai Municipal Code Land Use Table, Central Commercial Zone, Residential Uses. 8• +Ordinance No. 1301-92 de - Amending Kenai Municipal Co Land Use Table, Miscellaneous. 9. Approval - Award of Inspection, Surve in Control, Testing and Project Management Servvices on the Kenai Municipal Airport - 1992 Drainage & Safety Zone Improvements to Wince, Corthell, Bryson/Not-to-Exceed $167*013. 10. Approval - Intergovernmental City of Kenai/Kenai Peninsua Borough Agreement - Maintenance and Management. g Hallfield 11. APPraval - Change order No. Project - Gaston & Aesaaiate6/ $ 0,842.31. Inci Congregate Housing 12. Approval - Change Directives -- Project �- Kenai CongrO ga to Housing a• Change Directive No. 16 - l Reocate $1,901.00. RPM Panel b. Change Directive No. 17 - Electrica l al Changes a c. Change Directive No. 18 - Telephone Service vice I. 1• Mayor 2. City Manager 3. Attorney 4. CitY Clerk S. Finance Director � 6. Public Works Director 7. Airport Manager Cti88=O� 1• Citizens (five minutes) 2. Council lt. A�TOUR1111t�rn -44- i • • 0 KENAI CITY. cotw YL RZOMM METMO , sn"Re WAY ,19,►, ZA 92 KENAI COUNCIL CHWERIS MAYOR JOEN J. WILLIAM f PRESIDING AL FALL To O__ am Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. PLEDGE o� ALLEl�11NCE Mayor Williams led those assembled in the'Pledge.of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Williams, Monfor, Measles, Smalley, and McComsey. Absent was Swarner and Walker. A•-S. Mayor Williams requested the following changes to the agenda: ADDI C-15, Additional Information regarding Eadies Way. 211tOV'E= C-3 - Removal requested by Mayor Williams for additional administrative work. A6-6. COM8., Mayor Williams requested the following change to the Consent Agenda: RMOVNi R-3, Ordinance No. 1496-92. Item H-8 has superseded H-3. X-6, Ordinancg Rio. 1499-92 - It was requested that this ordinance be removed and tabled to time indefinite. There were no further changes to,the Agenda or Consent Agenda. There.were no objections to the amended.agendas. 80 ORDI�RLD None. s • KENAI CITY COUNCIL MEETING MINUTES MAY 190P 1992 PAGE 2 ordinaftGO Wo. 1486-92 - Amending KMC 7.25.100 to Clarify Allowable Uses of General Fund Capital Improvement Reserve Monies. XOTION s Councilman Smalley MOVED for adoption of Ordinance No. 1486-92 and Councilwoman Monfor BECONDED the motion. There were public or Council comments. VO 9 = Walker: Absent Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes NOTION VAGORD MUNINOUSLye 0-20 Orainaaoo Na. 1497-92 - Increasing Estimated Revenues and Appropriations by $10,125,000 in the Airport Drainage and Safety Zone Improvements Project. NOTIONI Councilman Smalley -MOVED for adoption of Ordinance No. 1487-92 and Councilman_ Measles 82CONDED the motion. There were no public comments. C-2a. substitute Ordinance No. 1487-92 - Increasing Estimated Revenues and Appropriations by $1,5300,307 in the Airport Drainage and Safety Zone Improvements Project, NOTION TO AMENDS Councilman Smalley KOVLD to amend with Substitute Ordinance No. 1487-92 and Councilman. Measles ORCONDBD the motion. There were no objections. 80 ORDER209 Councilman Measl'ee asked what the difference was in the ordinances. Finance Director Brown stated that the basic bid came in higher. The grant will recover the difference. Brown spoke with the State and they will cover their end of. it* The KBNAI CITY COUAiCIL I4ESTING MINUTES MAY 19, 1992 PAGE 3 State may have to scale back another project in order to allocate the extra funds. Brown added that the FAA has agreed to the cost. The grant will not be received until the paperwork is completed. There were no public comments. VOTES Walker: Absent Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes MOTION PROBED t1NANINOUBLY. C-3. Ordinance No. 1498-92 - Amending KMC 22.05.080 to Provide for Grant or Donation to Non -Profit Housing Corporations of Foreclosed Property Held by the City for More than Ten Years. Removed from the agenda. C-4. Ordinance No. 1489-92 - Amending Chapter 2.40 of the Municipal Code Governing Liquor License Approval. MOTIONS Councilman McComsey No for approval of Ordinance No. 1489-92 and Councilman Measles OECONDED the motion. There were no public or council comments. VOTES Walker: Absent Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes NOTION PABORD ONANIMOOBLY. 0 • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1992 PAGE 4 OrdIA400e No. 1490-92 - Replacing the Tables Referred to in the Personnel Regulations.(Title 23) to Establish a New:9alary Structure by Grade and New Hourly Rates for Part -Time Employees. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1490-92 and Councilman Measles 88CONDED the motion. There were no public or council comments. VOTE: Walker: Absent Measles: Yes Williams: Yes MOTION PA88$D. Swarner: Absent McComsey: No Monfor: Yes Smalley: Yes C-6. Ordiaanos No. 1491-92 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -For -Hire." MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1491-92 and Councilman Smalley 88COND8D the motion. Monfor asked what the difference was between the original and the substitute ordinances. Williams stated the primary change was where the sticker should be placed. Milo Commsat$ - Donna Davis - Twin City Cab. Objected to the changes regarding insurance requirement and increase of coverage. Davis stated that Kenai's insurance amounts now are the same as in Juneau, Fairbanks and Ketchikan. Davis distributed a letter and copies of Alaska Statutes regarding insurance,, The amounts included in the new ordinance refer to vehicle weight. Requested Council'to review. Davis also objected to the requirement of Workmen's Compensation. Davis stated she does not ,know why the City want' to police Workmen's Compensation. Davis added there.were other items that were not clearly defined, such as what a company is, and that the drivers should be referred'to as lessees. Davis stated that she.is not an employer, they are contract laborers. . RBNAI CITY COUNCIL MEETING MINUTES MAX 19, 1992 PAGE S MaComsey asked Davis if the drivers are iinaa business n der of their own. Davis stated yes, they are requiret contract she has with them. MaComsey asked Davis if she owned, the cabs. Davis answered yes, presently. Davis stated that in her contract with the people that lease her cars, it is a requirement that.the drivers get their own business license and pay their own Borough tax. MaComsey stated that if she owns the equipment, then it's not their business. Davisstate of Labor. is involved in an appeal process now with Department Davis asked what the City's involvement will be, Davis ithe saasked of if the City asks for this certification, every business in town, if the City does not ask for that information, Davis stated she would think it was discriminatory against cabs. Williams stated that Council later will haaveaa copyof of a standard lease agreement between a cab company owner ny drivers which is used as a tool to separate the owner of the cab company and drivers. Monfor asked Davis if she is the owner and the cars are subcontracted out. Davis answered that they are not subcontracted out, but she leases the vehicle for a under period liability twelve hours. They (the drivers) are covered insurance. Monfor asked if the driver is driving Davisab while leasing it for 12 hours and has an a , does.insurance pay for it? Davis stated yea, if they are at fault. Bob Roper --twist Taxi-- Agreed with what Davis stated. However, Roper stated he considers himself lessor and the cab driverssis the lessee. Roper stated he is in the leasing leases the cab to the driver. Roper distributed a copy of his lease agreement. Roper stated he is in appeal with the State (with regard to Workman's Compensation). Due to a cab company in Fairbanks "splitting the sheets" (where a cab driver writes down all his rants during the day, then are split up), the State considered this employer/employee. Roper stated that in a sense, to get around that, they are lessee/lessor. Roper stated that this has not yet'gone to court, but it was tabiedl, Roper sdueeto the was a bill introduced in the Legisla , budget. Roper ,stated that he Relieves the State will win on this. Roper stated that the State has told him that he owes unemployment tax. His attorney has stated not to pay it and wait until the case is settled. Roper stated this lease agreement is the one used in Anchorage. KENAI CITY COUNCIL MEETING MINUTES MAY 191 1992 PAGE 6 McComsey asked where else Roper has trouble with the ordinance. Roper stated it is the Workman's Compensation. Roper stated they do not have Workman's Compensation now and the State is tryingto make them employer/employee and pay employee tax. Roper stated that if the State wins, then the Federal government will be involved and income taxes. Clerk Freas stated she spoke with Norm Larson from the Workman's Compensation office in Anchorage. Larson stated that there is an argument at this time regarding employer/employee status. Larson stated that if they are contract employees, they should be paying Workman's Compensation. Freas suggested adding, "if applicable" in the body of the ordinance where it requests certification of the Workman's Compensation. Freas stated that it would then be up to the cab companies to tell the City whether they require Workman's Compensation. The City would not be policing. It will be up to the cab company to give the City a copy of the certificate if they have employees. Larson stated to Freas that one cab company in Anchorage considers itself having one employee, which is the dispatch person. Roper stated he does not have a dispatcher. Calls are handled electronically. Roper stated that his insurance carrier stated that they will not write anything over the $3001000 limit which is what is required at this time. Roper stated this is the limit for Anchorage and other areas of the state. Roper stated the statute states they are legal. Clerk Freas stated she spoke with Carl Springer, the Registrar for the Department of Motor Vehicles. Springer stated that they do not make a determination of whether a cab company's vehicles are commercial when a cab company goes in for a license. However, they do consider a cab company to be operating as a commercial enterprise and that company is conducting a commercial operations and business. Springer read to Freas AS 28.23.0101, which is where requirements for insurance are listed. These insurance requirements are what was proposed as a change in the ordinance. The change was proposed because if the State already requires this amount of insurance, they the cab company's should already have that insurance coverage. Williams referred to a letter insurance coverage. William the letter have been changed. investigated. Williams added KSNAI CITY COUNCIL MEBTING MINUT88 MAY 191 1992 PAGE 7 surprised to find that some large cities require less. Williams added that there seem to be conflicting stories in regard to the insurance requirements. Smalley suggested that action should be postponed until the attorney can investigate and find out the requirements for the. insurance. Smalley added that if it is a state law, he believes the City is obliged to follow it. Graves stated that the reason for the proposed change in the ordinance was if the State requires it anyway, it does not hurt the cab companies to have what they should have. Graves added that the cab companies are saying they are not doing it. Apparently the State does not enforce it directly. The Registrar differs in his view of what is required. Smalley asked if the City has liability if, in fact, this is a state law, if they are not in compliance if we do not require to be in compliance with the City's ordinance. Graves stated he did not believe the City would be liable to the State failing to enforce their law. They would be responsible for enforcing their law. If the City passes a lower amount, it would mean they are in compliance with the City's law and are violating the State law. The State is charged with enforcing its law. Measles stated that a few simple amendments could be made in order.to take action on the ordinance, unless there are other problems with it. Richard Holton - ARR/Alaska Cab - Manager. They reviewed the old and new regulations. Holten stated they have problems with the definitions and clarity of the rules and regulations. Holten distributed a handout which included their management and lessees' complaints. Holten stated the handout has included information regarding the insurance in regard to Anchorage cabs. Holten distributed a copy of a survey of insurance requirements over the nation. Holten stated that "$300,000 insurance is exceptionally high and $500,000 is unheard of in any of those cities in the United States." Holten stated that the first two cover letters'eubmitted are signed by lessees of vehicles owned'by. a&M Leasing and the drivers who have chosen to affiliate those leased vehicles for a twelve-hour period with AAA/Alaska Cab and have availed, themselves of their dispatch service. i} t KENAI CITY COUNCIL MEE'1`IN(3 MINUTES MAY 19, 1992 PAGE 8 Holton reviewed the pages'of complaints with the ordinance, Holton stated he added a.comment regarding the addition'of "any part of the vehicle trip. is within the city limits of Kenai. ".. Holten stated that it has been the opinion of the Kenai Police that any taxi cab dropping off in Kenai requires a sticker. They have been cited on three occasions for not having a Kenai sticker in the window of a taxi which was operating in Soldotna.and. dropped off a passenger in Kenai. Holten stated the police refuse to cite an individual who is operating out of the Forth Road. All the taxi drivers and owners know the person and believe he is operating under the name of Trujillo. The Police have stated that as long as he is dropping off in Kenai, and not picking up in Kenai, he did not require a sticker. Holten stated this is selective enforcement of the law. Holten stated that the definition for "driver" should include "lessee of vehicle -for -hire." Holten stated that every taxi operating in Kenai is leased. Holten stated the definition of "company" is unclear. Holten stated he does not know if the City wants the name of the owner of the vehicle, which in their case is Brent Hibbert doing business as J&M.Leasing. Holten stated he does not know if the City wants AAA/Alaska Cab, which is a dispatch service or whether the City wants the name of the individual who leases the vehicle on a day-to-day basis for a twelve-hour period. Holten questioned the length of use -- to what use is this referring. Use as a taxi, use as a personal vehicle, or what. Holten stated they buy used cars for use as taxi. Do they -need a vehicle history upon purchase? Holten asked why an engine number is required and what would changing the engine number of a vehicle do to the status of a City permit. Would that invalidate the permit? Williams called for order. Williams stated that the items Holten lasted in his handout are already a part of the Code. Williams stated he understands his concern for verification purposes. For'. amendment purposes, items 10-16 are being discussed. Holten referred to "Legal Owner of Company," Holten asked what. company? The owner of -the vehicle, which under the City's definition can be an individual or want the dispatch service, which in their case is an Alaska corporation, or the name of the lessee, which is an independent businessman. KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1992 PAGE 9 Holten stated he objects to Item 161 State Inspection Certificate. Holten asked what it is, who inspects the vehicles, and where. Williams asked if there is a State inspection station here. Police Chief Ross stated no and that the Kenai Police Department would not be doing the Lnspections. Councilwoman Monfor referred to No. 10, the legal owner of the company. Monfor stated she thought it would be the registered owner of the vehicle or whoever is collecting the sales tax and paying it to the Borough. There are two owners then that need to be defined. Williams asked if each driver collects his own sales tax. Holten stated that there could be as many as six people using the same vehicle in the course of a week, driving the vehicle and paying sales tax. Monfor stated that it should include the name of the registered owner of the vehicle. Holten stated in their case it is J&M Leasing. Monfor stated that she believed the registered owner of the vehicle is the legal owner of the company. Williams asked if each individual cab driver collects his own sales tax and fills out his own quarterly form and submits his own payment. Holten stated he did not know. Measles stated that he believed there were problems with the ordinance that will not be resolved during the meeting. MOTIONS Councilman Measles MOVED to table the ordinance. Councilwoman Monfor SECONDED the motion. Measles stated that the whole vehicle -for -hire situation be reviewed and asked that the Council direct the attorney to do that. Measles stated he would like to see the sales tax reports of all of the lessees, if they are in fact collecting and paying their sales tax. There were no objections to the motion. SO ORDERED. a. Substitute Ordinance No. 1491-92 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, 'Vehicles For -Hire." No action. KENAI CITY COUNCIL NESTING MINUTES MAY 191 1992 PAGE 10 C-79 0J:4$31an0e No. 1492-92 - Decreasing Estimated Revenues and Appropriations in the Senior Employment Fund by $717. MOTIONS Councilman Measles MOVED for adoption of Ordinance No. 149242 and Councilwoman Monfor SECONDED the motion. There were no public or council comments. VOTE: Walker: Absent Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes MOTION PASSED ONANIMOUBLY. C-8. Ordiaauae No. IL493-92 - Increasing Estimated Revenues and Appropriations by $200,000 in a New Capital Project fund Entitled "Mission Street Improvements." MOTION: Councilman McComsey MOVED for adoption of Ordinance No. 1493-92 and Councilman Smalley SECONDED the motion. There were no -public or council comments. VOTE: Walker: Absent Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes MOTION PASSED MWIMOUBLY. C-9. Ordi:iaaoe No. 1494-92 - increasing Estimated Revenues and Appropriations by $50000 and Transferring $15,000 in the General Fund for DustControl on City Streets. ■ KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1992 PAGE 11 There were no public comments. Councilwoman Monfor stated that she is aware that -money for'dust control.is not.included in the new budget documents Monfor requested Kornelis to.add.funds to the new budget for the next meeting so that the dust control work can be done the beginning of May next year. Kornelis stated that it was in the budget, but it was partially deleted. The price has increased and they were unaware of..the new cost, There is not enough money in the budget for this year due to the change in cost. The public attending the meeting were informed that with the closing of Chevron, U.S.A. (who was the supplier of the chemical used for dust control), the chemical must come from Fairbanks, This has doubled the price. Now two applications will cost almost $100,000. Kornelis stated that they will not do concrete work this summer , money and use that Y to help pay for the dust control application. This $5,000 will, with the other funds planned for concrete work, will be enough to make one application. Brighton stated their rationale for not doing the concrete work is that the dust control is more important. VOTN: Walker: Absent Swarner: Absent Monfor: Yes Measles: Yes. Mccomsey: Yes Smalley: Yes Williams: Yes MOTION PASSED ONAMIMOUSLY. C-100 R6801uti0a No. 92-13 - Amending the City of Kenai Public Utility Regulations and Rates, NOTIONS Councilman Smalley MOVND for Approval of Resolution No. 92-13 and Councilman Measles.BECOMDED the motion and requested tiMBNII[00. CONSENT. There were no public or council comments. There were no objections'.,to the request for unan:Lmous.consent. SO ORDERED. C-i1• RlsolutiOU, N'o. 92-31 - Accepting a Grant form the state of Alaska, Department of Transportation and Public Facilities for.Runway Drainage and Safety Area IMProvemente.. ,A. CITY COUNCIL MEETING MINUTES .41 19, 1992 AGE 12 MOTIONS Councilman McComsey MOVED for adoption of Resolution No. 92-31 and requested 9MIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no public or council comments. There were no objections. 80 ORDERED. C-12. Resolution No. 92-32 - Setting the Percentage of Fair Market Value to be Used in Order to Derive a Fair Return on Lease of Airport Lands. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 92-32 and Councilman McComsey SECONDED the motion. There were no public or council comments. There were no objections. 00 ORDERED. C-13. Resolution No. 92-33 - Awarding a Contract for fa Engineering Design for the Project Entitled Mission Street Improvements to Mike Tauriainen, P.E., for the Not -to -Exceed Amount of $12,442.00. MOTIONS Councilman Measles MOVED for adoption of Resolution No. 92-93 and requested ONANIMOVS CONSENT. Councilman McComsey SECONDED the motion. There were no public or council comments. There were no objections. 80 ORDERED. C-14. Resolution No. 92-34 - Awarding a Contract for the Construction of the Airport Drainage & Safety Zone Improvements to Zubeck, Inc. for the Basic Bid Amount of $1,222,396.80, Alternate "A" in the Amount of $92,474,000 and Alternate "B" in the Amount of $45,300.00. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 92-34 and Councilman McComsey SECONDED the motion. Councilman Measles asked if the motion included Alternates A and B. Answer was yes. There were no public or council comments. 1 KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1992 PAGE 13 VOTN= There were no objections. Resolution No. 92-35 - Requesting the Kenai peninsula ninsula Borough to Change and Establish the e Existing street Within the Kenai City Limits. C-15. So ORDERED. iiOTION a Co uncilman Smalley MOVRD for approval of Resolution No. 92-35 and Councilman MCComsey 8EC01�1lDED the motion. Public Comments: Ms. Shamrock stated she objects to the change of Chrystal 8h�ook - Bartender namefithe street. Ms. Shamrock directed Counclmas attention to the copies of petitions distributed at the beginning of the the pinaturesetitions stating that the approximately00 Bhouldeeting. There were snotachange.n p street name Iona Wilson - Lives on Bluebell. MB• Wilson stated that she has been a neighbor and friend of Sadie f1rover 30 years. Ms. Wilson objected to the name being changed. Zan Sanderson - Eadie Henderson's son. Requested the name of the street to stay the same. nation Davis - Stated she objects to the name change. maroarius TasgonskY - objected to the changhave received a legal of the street name* Targonsky added that hebelieved notice of this item to biscussd. Councilman Smalley stated to the public that the te city change not instigate the change of the name of the steereet came before she requested by persons living in the area. Planning & Zoning Commission. They were directed to file a petition of property owners desiring the name change. The item came before P&Z and the motion failed. dried that he made the motion to adopt the resoliiii*n.to' Smalley a question. Smalley... change the name in order to deal with the qu name change stated he will vote no. Smalley reiterated that the was not something the City desires to do. The p&Z and Council are, following through with the manner in which it had to be handled. VOTE: Walker: Absent Swarner: Absent Monfor: No Measles: No MCComsey: No Smalley: No Williams: No M0210M FAILED WMXXOUBLYO Ban" TAM$ Oslo PONO BACK TO ORDER= •sZS P.M. IT=., Do Col XIB=ONICOMITTER itaw= D—Z. Council On Aging No report. D-Z. Airport COn1 fission Measles reported that a meeting was held last Tuesday night. A request was made to the Commission for additional seating for the airport cafe in the hallway outside the Orca. Gift Shop.. The ,request was for six tables and chairs. The request was denied. D-3. Harbor Commission The minutes of the meeting were included in the packet. 0-4. Library Comission Monfor reported there will ba no meetings in June or July. D-8. Parks i'Recroation Commission attorney was to allow the cabins definition to be included in the code. The Commission voted against it. An ordinance will before Council at the next meeting. They Townsite Historic ordinance was tabled from the agenda in order that it could be reviewed again. There are some that want to be exempted from the new boundary lines proposed by the ordinance. Smalley expects that those wanting to be excluded will come before Council and request it. Smalley stated the Commission discussed code violations regarding ongoing garage sales. 0-7. Misoellkneous Commissions and Comittees All -!America City Award - Councilwoman Monfor reported that the group is working on the presentation to be given in Charlotte, N.C. in June. Ios Rink - Williams stated he will be discussing property ownership with the Borough Mayor later in the week. Smalley added that the task force has talked with contractors regarding a metal building with a concrete foundation and slab costing under $1 million. This amount is without the freon/refrigeration cost included. The building would be a winter -time ice facility with no refrigeration. Seating would be for 500. NIS Regular nesting of may 6, 1992. Approved by Consent Agenda. None. • KENAI CITY COUNCIL MEETING MINUTES MAY 191 1992 PAGE 16 ITEM z I NEA HII8INE8B R-1. Bills to be Paid, Bills to be Ratified NOTtON8 Councilman McComsey MOVED to pay the bills and Councilman Smalley. SECONDED the motion. There were no objections, 80 ORDERED. N-Z. Purchase Orders Exoseding $1,000 NOTIONt Councilman Mccomsey MOVED to pay the purchase orders over $1,000 and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. H-3. Ordinance No. 1496-92 - Amending Kenai Municipal Code Land Use Table, Rural Residential Zone (RR, and Recreation (R) Zone Uses, Removed. N-4. ordiaanoe No. 1497-92 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1992, and Ending June 30, 1993. Approved by Consent Agenda. R-5. Ordinance No. 149E-92 - Amending KMC 23.40.020 to Provide for Monthly Payment of Holiday Pay for Certain City Employees. Approved by Consent Agenda, R-6. Ordinance No. 1499-92 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Portion of Section 5 & 61 T5N, R11W, Townsite Historic Zone. Tabled - time indefinite. • -7. Ordinance No. 1500-92 - Amending the Kenai Municipal Code Land Use Table, Central Commercial Zone, Residential Uses. Approved by Consent Agenda. HOB. Ordinance No. 1501-92 - Amending Kenai Municipal Code Land Use Table, Miscellaneous. Approved by Consent Agenda, 8-9. Approval - Award of Inspection, Surveying, Quality Control, Testing and Project Management Services on the Kenai Municipal Airport - 1992 Drainage & Safety Zone Improvements to Wince, Corthell, Bryson/Not-to-Exceed $167,013. xoT=ox: Councilman Smalley MOVED to award the inspection, surveying, quality control, testing and project management services on the Kenai Municipal Airport-1992 Drainage & Safety Zone Improvements to Wince-Corthell-Bryson for a total not -to -exceed amount of $167,013 contingent upon approval of FAA. Councilman McComsey SECONDED the motion. There were no objections. BO ORDERED. N-10. Approval - intergovernmental Cooperative Agreement - City of Kenai/Kenai Peninsula Borough - Ballfield Maintenance and Management. Brighton stated the agreement was included in the packet for Council's review and adoption if they found it appropriate. Mo»for questioned information in the paper that the State's Capital budget includes $25,000 for Little League improvements. Brighton stated that had nothing to do with this agreement. McGillivray added those funds do not go through the City. Smalley asked McGillivray if he had reviewed the agreement. McGillivray stated he had and he has no problem with the agreement. Attorney Graves stated that he has no problem with the agreement as the City amended it and presented it to Council. a 0 NOTION$ Councilman Smalley LOVED for approval of the Intergovernmental cooperative Agreement and Councilman Measles 82CONDED the motion. There were no objections. SO ORDERED. A-110, approval - Change Order No. 6/Kenai Congregate Housing Project - Gaston & Associates, Inc. - $10,842..31* Williams stated this As the same problem -- that some of the items should have been included in the original design. Kornelis stated that some of the items were requested by the City. Kornelis reviewed each of the items with Council,, pointing out which were requested by the City and which were not. item A: Delete desk in Room #209 - City requested. item H: Change Sink Counter to Shelf - Not City requested, however will be an overall credit of $180.000 Item C: Change shelving Unit 2C & add ductwork chase - Combination of faulty design and requiring larger sized duct work. Item D: Substitute solid oak for plastic laminate on benches - City requested. Porter stated that all other trim, etc. is oak. The laminate is colored and choices would have to be made. Several people at the Center thought the oak would be better. Item E: New Glazing for existing connecting door - City requested. Will allow visual from Center/Housing Facility walkway and avoid accidents. Item F: Add patio wind screen - City requested. Total cost to City for Change Order is $100,8,42.31'. MOTION s Councilwoman .14onfor X0VXD for approval of Change Order No. ,G/Kenai Congregate Housing Project and Councilman Smalley 83CONDSD the motion. There were no objections. 00 ORDERBD. H•sz. Approval - Change Directives - Kenai Congregate Housing Project �- a. Change Directive No. 16 - Relocate HPM Panel $1,901.00. b. Change Directive No. 17 - Electrical.Changes $i,226.60.. KENAI CITY COUNCIL MEETING MINUTES MAY 191 1992 PAGE 19 c. Change Directive No. 18 - Telephone Service $5,386.00. Kornelis stated that the City feels the amounts stated in the change directives are excessive. Kornelis will be asking for invoices and -backup to prove the cost. Gaston does not think the prices excessive. Kornelis stated that the work is needed and recommends the Council approve. Smalley suggested that each directive be reviewed at this time. No. 16 - Kornelis stated that the equipment in the mechanical room had to be shifted around due to the move of duct work. There was not enough room for the panel. The panel needs to be moved tR a different area. No. 17 - NEA has changed their procedure for bringing power to a work site. Kornelis stated he has already spoken with the architects for the court house so that they are aware of the changes. No. 18 - The phone company first stated they would run their Phone lines into the building. They have since changed their procedure and will bring the lines to the property line. Kornelis stated this is not the contractor's problem. Kornelis added that the cable company want theirs placed in the same ditch along side the phone lines. MOTIONS Councilman Smalley KovDD for approval of Change Directives A, S, & C. as submitted and as in other directives, if the prices are, not in accordance with what has been submitted, that the City only pay exactly what it cost. Councilwoman Monfor sECONDRD the motion. There were no objections. so ORDERBD. INIBTRA'1'ION RBRORTs -3. Mayor a. Legislature -. Mayor Williams stated that he attended the closings of the Legislature. There may be a special session. Williams stated that at this time, money has been -allocated ad follows: • • • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1992 PAGE 20 $1.6 million for water & sewer (Capital grant of $700,000 and DEC matching grant of $900,000). $10,000 for Kenai Library $50,000 for Visitors Center $20,000 for Forget -Me -Not Care Center $15,000 for Homeless Children Pilot Program - Money has also been allocated for placement of handicap access to the existing Court House, Paving of the Spur highway and a signaling device. b. Russian visitors - The Russian visitors will arrive on June 7. They are looking for volunteers for housing some of the visitors. An itinerary is being developed. A "Friendship Committee" is being funded by Marathon oil in the amount of $5,000 to cover most of the expenses. c. Kenny Carver - Williams informed Council that Kenny Carver died over the weekend. t-Z. City Manager No report. 1-3. Attorney a. RSA v. City - Graves stated that oral argument has been scheduled. b. Resignation - Legal Secretary Diane Craig has submitted her resignation due to a change in her husband's work. The position is being advertised. 1-4. City clerk Reminded Council that the next council meeting has been scheduled for Tuesday, June 2, 1992. I -So Finance Director No report. =-4. Public Works Director a. Bids - Kornelis reviewed upcoming pro -bid conferences and bid openings with Council. Updated Council on progress at the Congregate Housing Project. b. Court House - Williams suggested scheduling a special, meeting on July 6 for the award of bid for the courthouse. This KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1992 PAGE 22 ITM is DISCVARM J-10 citizens Smily Deporost - Reported the summer reading program will be advertised in all the public and private schools. Also reported that an photographic display of Alaska will be on exhibit at the Library during June and encouraged everyone to visit and bring visitors. J-a. council Monfor - Asked when RPM's will clean up the mess in front of their business. Also reported that she has received questions regarding the Forest Drive Park. She has been referring persons to McGillivray and Kornelis regarding the cleaning of the area,. etc. Monfor asked when an announcement will be made regarding K-Mart. Williams stated later next week. it will be a joint announcement. Brighton stated he drove through Forest Drive Park and did not see garbage. Brighton added there are some trees down. McGillivray is aware and will be taking care of it as soon as possible. Measles - Requested Public Works people to show more thought In their memorandums. Measles stated that in two consecutive meetings, the Councilthe letter from Kor elisut on the sot when ing (at the decisions. Measlaslessadded that last meeting) put the City in a weak position if the City goes into legal dealings with that particular project. Measles stated that Public Works should leave the decision -making to the Council. Mccomsoy - Asked if any progress has been made regarding the junk . on the Quandt property. Brighton stated that there has been.no conversation since the last meeting with either the State or persons using the property: McComsey added that he is happy. that P&Z are reviewing on -going garage sales in the area. McComsey suggested those continual garage sales should have a business license and should be collecting sales tax. They are like having a second-hand store in their yard. fs • KENAI CITY COUNCIL MEBTING MINUTES MAY 19t 1992 PAGE 21 will coordinate with the ground breaking on July 16. Williams stated he wants Administration to have plenty of time to review the bids, etc. Kornelis stated there is a ten-day protest period. Kornelis suggested that a Notice of Award can be issued around the 14th and break ground on the 26th and give Notice to proceed and have a pre -construction conference. There are no additive alternates. There will be one bid price. Kornelis added that a 365-day time for completion has been suggested and the Court System has agreed to it. The landscaping and planting will be completed the following spring. Kornelis stated he has spoken to Grace Drilling regarding their moving. They have an environmental person working on the site moving the equipment. They are doing an environmental testing and additional testing. c. Bicentennial Building - Landscaping will be started shortly. d. Fire Bay - The award of bid has been executed. e. STP - Concrete work should be done by the end of the month. f. Dock - Kornelis stated he received a telephone call from a firm interested in leasing the other dock space at the minimum bid. Kornelis stated he spoke with Attorney Graves and was told that there is no problem with leasing the space at minimum bid as long as there is no other bid. Kornelis stated there would not be a four-year option. The firm's representative will be discussing this with Council at the next meeting, _. Kornelis also reported that the floats have been installed and a dock hand has been hired. g. 3W Subdivision - The City crews are working on Ross Street. McComsey asked why the City accepted a road that was substandard. Kornelis stated that he thought the City was at fault and should not have accepted the work. Kornelis stated that the road was built without the City be aware and was substandard. The City is correcting it and using our own equipment and material. I-7. Airport Manager No report. 0 • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1992 PAGE 23 Smalley - Concurred with Measles, statement regarding memorandums. Smalley added he will be out of town from June 28-July 16, Williams - Reported that the $25,000 for a feasibility study regarding junk cars was not funded. There were many phone calls to the Legislature stating concern of caustic waste. Williams suggested that he, Mayor Gilman and the Peninsula Caucus wi-11 jointly work out the problem. Williams added that the Public Health office will require more space. Also the Alternate School, Economic Development District and the Forget -Me -Not Center will need other facilities. Williams added that the City has legitimate responsibilities toward the Public Health office. The meeting adjourned at 9:42 p.m. Minutes transcribed and submitted by: •