The URL can be used to link to this page

Home My WebLink About1992-06-17 Council Minutes• AGENDA l�XMI CITY GO=CIL - REGUUR MEETING 1992 BOARD OF ADJUSTMENT — APPEAL OF BOB E. WORTHAX BE.' CONDITIONAL USE PERMIT'OF LEILA R. DAVIDSON 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Be BCBEDULED VUBLYC„CQMMM (10 Minutes) C. PUBLICR=�T 1. Ordiasnas No. 1489-92 Amending INC 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, 2. Ordinance No. 14.99-92Amending the Official City of Kenai Zoning Map for Certain Lands Described as Portion of Section 5 & 6, T5N, R11W, TOWNSITE HISTORIC ZONE. 3. Ordinano• No. 1502-92Increasing Estimated Revenues and Appropriations by $196,600 in the General Fund to Purchase Land from the Airport for the New Court Facility, 4. Ordinance No. 1503-92 Increasing Estimated Revenues and Appropriations by $11,740 in the Airport Drainage and Safety Zone Improvements Project, 5. Resolution So 98-41 Committing $100,000 from Capital Improvement Funds in the 1992-93 Budget, as Matching Funds to a Grant for Expansion of the Kenai Fire Training Facility. 1 6. Resolution No. 92-42 Requesting the Kenai Peninsula Borough Assembly to Apply for Transfer of Title of Certain Land From the State of Alaska Department of Natural Resources to the Kenai Peninsula Borough. 7. Resolution No. 92-43 Awarding a Contract for the Construction of the Set Net Drive and Set Net Court Improvements to Alaska Roadbuilders for the Basic Bid of $173,017.00.. S. Resolution No. 92-44 Awarding a Contract for Engineering, Inspection for the Project Entitled "Set Net Drives and, -Set Not Court Improvements" to William J. Nelson & Associates, P.E., for the Not -To -Exceed Amount of $17,620. 9. Resolution No. 92-43 Awarding the Bid for the Project entitled "Kenai Parks & Recreation - Furnish Playground Equipment" in the amount of $27,754. 10. Resolution No, 92-46 Awarding a Recording and Transcribing Minutes Secretarial Contract in the amount of $17.45 Per Hour for a Period of July 1, 1992 to June 30, 1993 to Earlene Reed d/b/a Earmark Secretarial Service. 11. APPROVAL - 40 a. Application for 1992 Liquor License of Arirang Restaurant/Si Chan Sin: 145 S. Willow St. no Restaurant/Eating Place. b. Restaurant Designation Permits Application for Restaurant/Eating Place - Si Chan Sin d/b/a Arirang Restaurant. 12. *!APPROVAL - 1992 Application for Monte Carlo Permit for American Legion Kenai Post 20. D. CONM] AAION/G=1TT$E R3MT0 Be 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. *Regular Meeting of June 2, 1992. 2 4 I. 1• *Congratulatory Letter received from Senator Murkowski, 1. Bills to be Paid, Bills to be Ratified 2• Purchase Orders Exceeding $1,000 3• APPROVAL - Application for Renewal of Lease of Lot 30, Block 40, General Aviation Apron, Erik Barnes, Lessee. 4• APPROVAL - Change Order No. 8 - Kenai Bicentennial Visitors and Cultural Center/G&S Construction, in the amount of $3,165. 5. ordinance No. 1504-92 Amending the Kenai Municipal Code, amending the procedure for granting Conditional Use Permits. 6. ordinance No. i505-92 - Amending the Kenai City Code Adding a New Chapter and Establishing Accounting Provisions for the Congregate Housing Facility. 7• APPROVAL - Construction Change Directive 022 Congregate Housing Project/Gaston & Associates, Inc. 8. DIOCUssloW - Kenai visitor and Convention Bureau, Inc. Request for Approval to Apply for "Certified Local Government" status. ADItIxz.0-2 1. ► ZON IMPO W Mayor 2• City Manager 3• Attorney 4. City Clerk 5• Finance Director 6• Public Works Director 7. Airport Manager 3 9 I* • 0 REMA►I CITY 40UNCIL RE40L,AR MELTING gm .170 199Z KOMI CITY XUL COUNCIL CU M8ERB 7100.U:M. MAYOR JOHN .T. WZZIM80, 12281 IN4 BOARD OF ADJUSTMENT -•,APPEAL OF BOB E. WORTNAM Rat CONDITIONAL USE PERMIT OF LEILA R. DAVIDSON The verbatim of the Board of Adjustment proceedings are attached hereto And made a part of the record herein. Mayor Williams called the meeting to order at approximately 7:37 p.m, in the Council Chambers in the Kenai City Hall Building. - Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . Roll was taken by the City Clerk. Present were: Williams, Smalley, McComsey, Monfor, Swarner, and Walker. Absent was Measles. A-5. Mayor Williams requested the following changes to the agenda: ADD: C-5a, Substitute Resolution No. 92-41, regarding matching funds to a grant for expansion of.the Kenai Fire Training Facility. Koval C-11, 6/11/92 and 6/17/92 Kenai Peninsula Borough letters: regarding Arirang Restaurant's 1992 Liquor License Application.' ADD TO. CONSENT A4UDI. ADDS 8-2, Purchase..Order to McCool, Carlson, Green.- 30 additional plans and specifications for.the Kenai Courthouse - $21r722.09. MOVD: U-5 AND R-s., from regular. agenda *ad place on CONSENT 11it XNPA. 110vat Info=atica Iten 022. and place .a►t g-*9 for approvaI's Change.order No. 9/Kenai-Congregate Housing/$560.28. ADDS N-10, 1991 Liqucr'License Renewal.Protest - Rainbow Bar & Grill - waiver. ti • EENAI.COUNCIL MEETING MINUTES J'UNE 17, 1992 PAGE 2 ADDS I-10, 6/11/92 Salamatof Tribal Council request for a letter of support for their development effort known as the Spirit Lake Project, NOTION$ Councilman Smalley MOVED for approval of the agenda as amended. There were no objections. 80 ORDERED. A-4 + CONSENT Aga= Mayor Williams requested the following change to the Consent Agendas ADDS C-11, 1992 Liquor License Application - Arirang Restaurant, ADDS. R-5 AND 8-6 (from regular agenda). NOTION: Councilman McComsey MOVED for approval of the Consent Agenda as amended and Councilman Smalley BECONDED the motion. There were no objections. 80 ORDERED. C-le Ordinanoe 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. MOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1488-92 and Councilwoman Swarner SECONDED the motion. • KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 3 distributed to Council in their packets. Eldridge stated that the adoption of the ordinance will allow the City to become a partner and allow the organization to move ahead with the building of a home in Kenai. Eldridge requested Council's support. Eldridge offered to answer questions if any. Marta Eldridge and Tony Doyle were also noted to be in attendance to answer questions. Williams, referring to the ordinance, asked if the organization will be paying all the back taxes before taking control of the property. Eldridge stated that they would prefer that this be an outright donation of property, but are willing to pay the taxes. Williams asked Finance Director Brown if he had the amount of taxes, penalties and interest owed. Brown stated he did not have that information with him. Williams spoke of four large Habitat for Humanities projects in . Charlotte, North Carolina that he toured while attending the All - America City competition. Williams stated he was impressed by the projects and that they benefitted many people. The receivers of the homes were required to put in 100 hours of sweat equity in their home and 100 hours in another receivers' home. one of the projects was built through an vocational education program. one home was built by all women laborers. Williams added that the Habitat for Humanities program is stepping in where HUD has failed. Williams stated that the properties used for the project were either foreclosed properties, abandoned, burned out, or taken during drug busts, etc. McComsey stated his concern that if property is given to one entity, then it must be given to another. Williams answered that he believed it to be at the discretion of the Council as stated in the ordinance. Attorney Graves added that it is at the Council's discretion and that he does not foresee a problem. Eldridge added that the organization is a non-profit one making available low income homes. Eldridge believes the ordinance makes the property availability discretionary also. Eldridge also stated that the receivers of the homes pay no interest rate which cuts out a major debt service. Also, Habitat for Humanities can reacquire the property if necessary. The organization makes no profit. What is collected is used for paying for materials and then to build more homes. KENAI COUNCIL JUNE 17, 1992 PAGE 4 MEETING MINUTES Walker stated that the information distributed stated the organization is a Christian housing ministry. Walker asked if there is a problem with church and state. Graves stated that he' is not aware of any problem with that. Graves added that as long as religion is out as a criteria,.there should be no problem, Eldridge stated that the criteria is'open to anyone who applies, no matter what their religious beliefs. Walker stated concern with building low income housing in areas where there are more expensive homes. Low income houses may present some complaints. Walker stated that there are no covenants mentioned in the paperwork. Walker stated that he believes the property should be sold instead of given away. Walker is concerned that the low income houses will lessen the value of other adjacent lots. Eldridge stated that the selection committee base their selection based on the greatest need, perhaps where the persons are to presently living. Williams added that the house will be placed on the tax rolls at fair market value. VOTES Monfor: Yes Smalley: Yes Swarner: Yes MOTION PASSED. 828"8 Soo? P.M. BACK TO ORDERS 8=25 P.M. Measles: Absent Williams: Yes McComsey: No Walker: No C-Z, Ordinano& No. 1499-95 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Portion of Section 5 & 6, T51t, R11W, TOWNSITE HISTORIC ZONE. MOTION: Councilwoman Monfor MOVED to table Ordinance No. i499-92 and Councilman Walker BECONDSD the motion. There was no debate required. There were no objections. 00 ORDERED* A joint Work Session was set for June 24, 1992.. The time will be set after reviewing the PHagenda. Councilman Smalley requested that copies of the Kasprisin report and the.Townsite Historic . is KENAI COUNCIL MEETING MINUTES 17 DUNE , 1992 PAGE 5 code be available for handouts. Also requested that session was that Father Nicholas Harris be informed of the work Ordinance No. 1503-92 - Increasing Estimated Revenues C-3. and Appropriations by $196,600 in the General Fund to Purchase Land from the Airport for the New Court Facility. MOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1502-92 and Councilman McComsey 88CONDED the motion. There were no public comments• Monfor asked h�8 muchthe money City will have tied into this project after th P stated that in addition to this amount, about 70,00which on includes buying out the Grace Drilling lease,inspection the land and a few administrative costs not reimbursed. In total, probably less than $300,000. Williams referred to the architect's letter wherein he states that he anticipates a totaetated thatcost Of 5he4million for expects the total City construction only. Brown cost for the project by completion will be less than $300000. VOTB s Measles: Absent McComsey: Yes Monfor: Yes Williams: Yes Walker: Yes Smalley: Yes Swarner: Yes MOTION DABBED MNIMOUSLY. C-4. Ordinance No. 1503-92 - Increasing Estimated Revenues and Appropriations by $110740 in thAirport Drainage and Safety Zone Improvements Project. MOTtONs Councilman Smalley MOVED for adoption of OrdinThere were50ub1�Lc and Councilman McC3-92 omsey 88CONDBiD the motion. or Council comments. • I'] 0 KENAI COUNCIL MEETING MINUTES DUNE 17, 1992 PAGE 5 code be available for handouts. Also requested that was that Father Nicholas Harris be informed of the work session time. C-3. Ordinance No. 1502-92 - increasing Estimated Revenues and Appropriations by'$196,600 in the General Fund to Purchase Land from the Airport for the New Court Facility. MOTION! Councilman Smalley MOVED for adoption of Ordinance No. 1502-92 and Councilman McComsey SECONDED the motion. There were no public comments. Monfor asked how much money the City will have tied into this project after this expense. Brown stated that in addition to this amount, about $70,000, which includes buying out the Grace Drilling lease, inspection work on the land and a few administrative costs not reimbursed. In total, probably less than $300,000. Williams referred to the architect's letter wherein he states that he anticipates a total cost of $5.54 million for construction only. Brown stated that he expects the total City cost for the project by completion will be less than $300,000. VOTE: Monfor: Yes Measles: Absent McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes MOTION PABSED ttMXHOUBLY. C-4. Ordinance No. 1503-92 - Increasing Estimated Revenues and Appropriations by $11,740 in the Airport Drainage and Safety Zone Improvements Project, NOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1503-92 and Councilman McComsey SECONDED the motion. There were Public or Council comments. Np • 6 0- KENAI COUNCIL MEETING MINUTES JUNE X70 1992 PAGE fi VOT83 Monfor: Yes Measles: Absent Smalley: Yes Williams: Yes Swarner: Yes !MOTION PABOUD IlIO�laLY. MCComsey: Yes, Walker: Yee C-S. Resolution NO-P 92-41 Committing $100,000 from Capital Improvement Funds in the 1992-93 Budget, as Matching Funds to a Grant for Expansion of the Kenai Fire Training Facility, NOTION: Councilman Walker XOV$D for approval of Resolution No. 92-41 and Councilman Smalley 88CONDND the motion. MOTION TO &MUD= Councilman Walker NOVBD to amend the resolution to incorporate'C- Sa, Substitute Resolution No. 92-41 and Councilman Smalley 88CONDED the motion. There were no public comments. McComsey asked if the $200,000 has been received from private corporations. Williams stated that from his discussions with EPA and Dennis Steffy (MAPTS), not at this time, however efforts are being made to get those Commitments. If the University gives $200,_000, industry $2001000, and the City $10o,000, they may be able. to ask for a $7 million grant from EPA. Williams added that the resolution is written with the "intention" to commit. If the ability to receive the grant funds comes to a reality, he will come back,to Council for a commitment of the funds. Walker stated that the MAPTS training has become a requirement for the major industries in the state. He will support the resolution. Williams added that he believes there are other industries, such as fishing, that will require this training in the future. McComsey stated that he believes the oil companie's prefer sending their people Outside. Williams stated he hopes this will change in the future* Williams added that.the program is growing and sees use by Russian crews in the future also. Walker stated that the oil industry may prefer sending their people outside, however, there are eight service personnel to • ICENAI COUNCIL MEETING MINUTES JONB 17, 1992 8A68 7 every on industry person. The cost will be much service companies to send lower to the believes this is a high Priority personnel to a local school. Walker VOTRI Councilman McComsey requoBted pM=KOpB CONE objections. BO ORDRhBD. M', There were no C-6• Resolution No. 42.. 4a Requesting the Borough Ass Kenai Peninsula embly to Apply for Transfer of Title of Certain Land From the State of Alaska De ar Natural Resources to the Kenai Peninsula p tment Borough. Marsorr: of Councilman Smalley XMD for approval o ";l... Councilman McComsey BECOBDM the motion OfResolutionNo. 92-42 and CONBUT. and requested V*"ZX0ve There were no public comments. this transfer can be fast-trackeditcit�e s tated that he believes assurance from Mayor Gilman that the property will for a hockey rink. Williams a g Williams has discussed a cold weather rink added that the ask Force has tsated million. It would be used f rta hockey cost approximately $l, Other uses in the summer. rink in the winter and with the WilliamsCity�s_legielators toliaUse theated that -he has discussed for the Congregate Housing Project to builditder of the financing he rink. Councilwomen Swarner and Monfor stated nNp.0 stated that money will be used for the con re Councilwoman Monfor project. Monfor added that Council minutes tate housing which the seniors lobbied for, will be;ueed fsate that the money, or that project. Williams asked Brown how much money is left Brown answered a in the account. should be o cost $600,�00� Brown added that thou h future given to costs for change orders and problems ought that may use those funds* in the Monfor stated that the:project needs the funds for.other items. to`.be completed before using With using the funds left.for other it that she will disagree stated that the Council made a co ems all the way•" Monfor wade a liar. Monfor stated that thetmerniiQrsd she will not be through their hard work and lobbying effo� got the money ts. Williams stated • KENAI COUNCIL DUNE 17, 1992 PAGE 8 MEETING MINUTES that he worked on getting the mono there is money left over, it could money also. Williams added that if Williams stated that he has suggestedused for other there must be at least 100 famieto the hocks projects. the continuance of the hocks that are deeply people that people will need to donate one ram p y dedicated to g Williams added that those the project. Smalley added that thosetheihockey Permanent Fund checks to Probably spent two to five of the checks families have programs. toward the hockey Williams stated that if the Council feels the Congregate Housing monies for the ou strongly about usin find another way to find funding, housing project he will City Manager Brighton stated that it and that it is better to have the is still ththe Status. is in an VOTRI a good resolution the Boroughts hand There were no objections ues to the re BO ORDFRgD. � q t for Unanimous Consent. C-7 • Resolution No. - 9a 4S Awarding a Contract for the Construction of the Set Net Drive Improvements to Alaska Roacibuilders and Se t Net Court Of $173,017.00. for the Basic Bid MOTZONt Councilman McComse XoVgD and Councilwoman Monfor for BRCONDapproval of Resolution No. 92_ 43 requested Zj10VS CON8S�. the motion. Councilman McComsey There were public or Council comments. Vora # There were no objections to the motion. 8p ORpgRgD. C-e• Resolution No. 9B- Engineering Inspection Awarding44 for a Contract for Net Drive and Set Net Court ImprOvemeentsiotitl William uat Nelson & Associat to of s1n & A es, p•E•p for the Not-To-ExceedJ. Amount ii r� 0 KBNAI COUNCIL MEETING MINUTES JUNB 17, 1992 PAGE 9 NOTION: Councilman McComsey MOVED for approval of Resolution No. 92-44 and Councilwoman Swarner SECONDED the motion and requested MNIHOUB CONSENT. There were no public'or Council comments. There were no objections to the motion. 80 ORDERED. C-9. Resolution No. 92-45 Awarding the Bid for the Project entitled "Kenai Parks & Recreation - Furnish Playground Equipment" in the amount of $27,754. NOTIONS Councilman McComsey MOVED for approval of Resolution No. 92-45 and Councilman Smalley SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. There were no public or Council comments. There were no objections to the motion. SO ORDERED. Councilwoman Monfor asked Parks Director McGillivray if these items are to be placed in the Forest Drive Park. McGillivray stated that some of them will be. Monfor asked if they will be placed before the grass is in. Answer was no. Brighton stated that the equipment may not arrive in time for placement this summer. The delivery time is 60 days. McGillivray suggested that the installation be done by contract as his crews will be gone by the delivery date. The bid came in lower than what was appropriated and there will be funding for installation. Also, if parts are missing, it will be known before next Spring if installation is completed this fall. C-10. Resolution No. 92-46 Awarding a Recording and Transcribing Minutes Secretarial Contract in the amount of $17.45 Per Hour for a Period of July 1, 1992 to June 300 1993 to Earlene Reed d/b/a Earmark Secretarial Service. NOTION: Councilman Smalley MOVED for approval of Resolution No. 92-46 and Councilman McComsey SECONDED the motion. There were no public or Council comments. Councilman Walker requested UNANIMOUS COMMENT.. There were no objections. SO ORDERED. • KENAI COONCIL MEETING MINUTE$ JUNE 171 1992 PACE 10 a•1i. APPROVAL - a. Application for1992 Liquor License of Arirang Restaurant/Si Chan Sin: 145 SA Willow St. - Restaurant/Eating Place. b. Restaurant Designation Permits Application for Restaurant/Eating Place - Si Chan sin d/b/a Arirang Restaurant. Moved to and approved by Consent Agenda, C-12. APPROVAL - 1992 Application for Monte Carlo Permit for American Legion Kenai Post 20. Approved by Consent Agenda. 0-19 council on Aging No report. D-2* Airport commission Airport Manager Ernst stated that the Commission approved the solicitation.of bids for harvesting hay on. the .airport._ . Thebid specifications will include the bidder will water, harvest and. maintain the hay and for that, will not pay for the hay. NOTION $ Councilman.Smalley XOVED for approval of the recommendation of the Airport Commission on the hay harvesting project. Councilman MaComsey 8ECONDED.the motion. There were no objections., so. ORDERED. councilwoman Monfor asked how.many float plane spaces were., leased. Ernst stated six private, aeven,cpapOkcsial are leased. There are 25 private spaces available.. Monfor.stated she is" concerned with regard to the costs involved.. Ernst'stated that. the fueling has been part of the problem. Monfor` suggested • 0 KENAI COUNCIL MEETING MINUTES .DUNE 17t 1992 PAGE 11 brochures be placed in the Visitors Center. Ernst stated .that the float plane basin is being advertised in the Alaska Business Monthly as well. D-aJ. Harbor comission Councilman Walker reported the last meeting's minutes are included in the packet. Walker stated the.Commission discussed a "fishing hole.„ A representative from Fish & Game was present and stated that king salmon could not be included in the project. Other species could be placed, such as red salmon. It is thought this can be a viable project. D-a. Library comission No report. Library use report was included in the packet. 0-5. Parks & Recroation Comission Director McGillivray stated that the minutes of their last meeting were included in the packet. The Commission recommended that Carr's be notified that the area of the Russ trail needs to be cleaned up. Smalley stated his agreement and suggested that Carr's place a barrier to enhance the trail and clean up. City Manager Brighton was requested to send a letter to Carr's regarding this item. D-60 Planning & Soniaq comission Smalley reported that a presentation by Judith Bittner, State Historic Preservation, will be made at the June 24, 199.2 Planning & Zoning Commission meeting. She will be discussing the concept of the Townsite Historic area. Smalley stated he asked her if buildings have to be in the scone to qualify for grants. He was told no. The City needs to complete paperwork in order that the area be designated historic by the State. Smalley added that the tabling of the ordinance and the setting of now public hearings should bring some resolution to the matter. Smalley stated he hopes. the people come to 'the meeting and present their concerns and hopefully it will work out... • U • KENAI COUNCIL JUNE 171 1992 PAGE 12 MEETING MINUTES D-7. Miscellaneous Comaa:issions and Comittess a. X*nai Visitors i Cultural Center - Monfor referred to.a report distributed by the Kenai visitor & Convention Bureau. They will be extending their hours soon. b. AllwAmerica City - Monfor presented the award received in Charlotte, North Carolina to the Council. Clerk Freas was requested to have the award re -framed. Monfor stated that the competition was a once -in -a -lifetime experience. It was found that the communities represented were very similar in many ways. The presentation team were present for 95% of the other presentations. Monfor stated that it is very important that the City make changes this year, such as emblems being placed on vehicles (she will discuss this with Brighton soon), etc. Monfor and others will discuss the award with the community and explaining that the City facilitated the application and paid for the presenters to go, however, the award for community -wide involvement. Monfor impressed the importance of the non-profit organizations, etc. in the community that make Kenai an All -America City. The award is important, the competition is fierce. Some communities' - presentations cost $20,000. Monfor related that the most moving thing happened when she was presented the award: the Kenai presenters were given a standing ovation from the room filled with other presentation teams. c. Sister -City - Williams stated the exchange went ver well. Most of the cost of the exchange was paid for by donat ona from the industries. A Kenai Friendship Committee will be formed for a trip to Okha next year. Williams stated he foresees stronger relationships between Alaska and Russia and lost of commerce for the major industries. Williams thanked those persons who were involved in housing the visitors. ROgular Meeting of June 2# 1992. Approved by Consent Agenda. E KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 13 CQ�tEBPO�iDENCE V-1, Congratulatory Letter reosived fron 8031ator Murkowski... Noted by Consent Agenda. ' None. 2-10 Bills to be Paid, Bills to be Ratified MOTION8 Councilwoman Monfor MOVED to pay the bills over $1,000 and Councilman Smalley BECONDED the motion. NOTIONS Councilwoman Swarner MOVED delete the final payment to G&S Construction for work on the Bicentennial Building from the other payments. Councilman McComsey SECONDED the motion and requested MNIMOV8 CONSENT, There were no objections. So ORDERED. Purobasa orders Esoseding $i,000 MOTION: Councilwoman Monfor MOVED to approve the purchase orders over $1,000 and include the purchase order to McCool-Carlson-Green for $2,722.09 and Councilman Smalley 8ECONDED the motion. Walker asked why the additional plans and specifications are -to be paid for by the City. Were the costs not included in.the,, engineering agreement. Kornelis stated that have sold.90 Bete of the plane and specifications at this time. They are being -sold for.$50.00 a set. 100 sets will be paid for by -the Court System. Brown added that the plans and specification costs will be paid'' for -by the grant for financing the court house.- Monfor asked if the construction project will bounder the City`�s purview or the Court Systems. Kornelis stated the Cfty.will menage the project. Mang®.orders and pay estimates will require first approval bInspection-by the. Court System. Kornelis added that there will'be on site Bill Kluge. Mccomsey questioned the.purchase order for repair and maintenance of police . cars. Brown.stated that purchase of new police oars was removed from the new budget. Rust proofing, etc. will'.be done on the present vehicles to add to the life of the vehicle and create longevity of the unit. McCcrosey asked if a bid was needed. Kornelis stated that the Shop Foreman calls suppliers and receives information on the. cost. The total cost will be under $10,000 and a bid is not required. N-3. APPROVAL - Application for Renewal of Lease of Lot 3, Block 4, General Aviation Apron, Erik Barnes, Lessee. NOTYONs Councilman Smalley MOM for approval of the renewal of lease of Lot 3, Block 4, General Aviation Apron to Erik Barnes, lessee. Councilman McComsey ONCONDND the motion. There were no objections. 00 ORDNRND. APPROVAL.- Change Order No. 8 - Kenai Bicentennial Visitors and Cultural Center/G&S Construction, in the amount of $3,165. x0noms Councilwoman Monfor NOM for approval of Change Order No.. 8, Kenai Bicentennial Visitors and Cultural Center/G&S Construction, in the amount of $3,165 and Councilman Smalley 0 CONDED the motion. The change order was for additional seeding and raising the cobble bed up to level with the entry steps. Councilman Mccomsey asked why this:. cost was not.included in the original bid. Kornelis stated'that the cost of the seeding was an estimate in the bid. rt.wae'bid as,a unit price. 1n the original bid, it wad estimated that here. would be 30,000 sq.ft, of grass-to'be seeded. The total amount required came to 36,000 sq.ft. This is an actual amount done at the unit. price. 0 • KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 15 VOTNI McComsey requested MUMIX090 CONE . There were no objactiona. 80 ORDERBD. Ordinance Flo. 1506-92 Amending the Kenai Municipal,. Code, amending the procedure for granting Conditional Use Permits. Approved by Consent Agenda. R-6. Ordinance NO, 1505-92 - Amending the Kenai city Code Adding a New Chapter and Establishing Accounting' Provisions for the Congregate Housing Facility. Approved by Consent Agenda. R-7. APPROVAL - Construction Change Directive 022 - Congregate Housing Project/Gaston & Associates, Inc. NOTION= Councilman Smalley XOVND for approval of Construction Directive No. 22 to Gaston & Associates with the understanding that the Directive will be handled like all the others that preceded it. Councilman McComsey 82CONDED the motion. Walker objected. McComsey asked if the change directive was due to the Cityfs error. Kornelis explained that the architect designed.the_ elevator using Uniform Building Codes. The State of Alaska states that the elevator automatically shuts down when an alarm condition is detected by the fire alarm system. This is contrary to the Uniform Building Code and Uniform Fire Code, which have been adopted by the State of Alaska and enforced by the'City.of . Kenai. Kornelis stated that an actual price will be submitted later.. Smalley recommended that a not -to -exceed fiscal note be added. Kornelis suggested $2,000. Walker Otated his concern that a, profit is figured in.for the contractor. Walker stated he believes there is. little incentive for the contractor,to find the best purchase at the best cost. Walker added that this change_ directive is at the fault of the design and not the fault' of the City. Walker stated he believes the City is getting short- changed. • C7 KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 16 MOTION TO ,AMENDS Councilman Sma l ley MOVED to ' amend H-7 to indicate a not -to -exceed. amount of $2,000 and Councilwoman Monfor BSGONDSD the motion. Walker objected. VOTE ON AMENDMENTI Monfor: Yes Smalley: Yes Swarner: Yes Measles: Absent Williams: Yes MOTION AMENDING THE MAIN MOTION PASSED. VOTE ON AMENDED LOTION$ Monfor: Yes Measles: Absent Smalley: Yes Williams; Yes Swarner: Yes MOTION PABSED. McComsey: Yes Walker: No McComsey: Yes Walker: No Monfor requested Kornelis be directed to contact Livingston -Slone (the project's architect) and direct them to include a price in change directives in the future. Williams directed Kornelis. B-8. DIBCOBBION - Kenai Visitor and Convention Bureau, Ino. Request for. Approval to -Apply for 10Certified Local Government„ status. Smalley stated that this status.would allow for grant availability for use . in the. Old Town area for historical preservation. MOTION: Councilman Smalley MOVBD to have them (Visitors Bureau) to put together the grant application .and Councilwoman. Swarner BECONDUD. the motion. There were no ob j ecstiona.. Bo ORDE"D. g-9. Approval •: Change Order No. 9/Kenai.Co1-4gregate Housing/ $560.28,, The Change Order was to provide for signage and relocation of crawl space access. • KENAI COUNCIL MEETING MINUTES J'UNE 171 1992 PAGE 17 MOTION: Councilwoman Monfor NOUD for approval of Change Order No. 9 and Councilwoman 6.300708D the motion.' There were no objections. AO ORDERED @ 8-10. Discussion - 1991 Liquor License.Ranewal Protest. - Rainbow Bar & Grill - Waiver. Information was distributed to Council with agenda changes which included a letter and legal documents stating that a successful settlement between the Borough and the Rainbow Bar owner had taken place. According to the new ordinance, the City is allowed to drop the protest at this time. The payment schedule was included in the paperwork. Williams stated that the last payment will include the penalties and interest accrued. MOTION$ Councilman Walker MOVED to issue a letter of non -objection in regard to this item and Councilman McComsey BLCONDED the motion. VOTRs Monfor: Yes Measles: Absent. McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: No MOTION PASSED* I-10 Mayor a. spirit Lake - Williams referred to a letter distributed to Council at the beginning of the meeting.. The letter.wae from the Salamatof Tribal Council. and requested a letter of . support . for their Spirit Lake Project. There were no objections,to writing a letter of support., Clerk Freas was directed to'write a letter. ' ell r • 0 KENAI COUNCIL JUNE 17, 1992 PAGE 18 MEETING MINUTES b. Information Item #10 - A letter which was received from the Kenai Peninsula Borough requesting that the City take the leachate from their baler facility into the Kenai's sewer Treatment Plant. Williams stated he believes this is premature. Brighton stated that Administration wanted to provide the information to Council. This item will be brought back to Council after discussions with the Borough. Brighton stated that the Borough is under a lot of pressure for this. There is a possibility the Borough will provide an addition to the STP. Williams stated he is concerned of whether the STP could handle the addition or whether the STP could be modified to properly monitor. Walker stated that there may be money to be made from the Borough for this or a bigger plant could be built which may help the City in the long run. Walker stated Council should keep an open mind. Consensus of Council was for Administration to go ahead and work on this. c. Final payment - Kenai Bicentennial Project - Williams stated to Council to decide whether it is realistic, adequate and in the best interest of the City to close out the construction accounts on the project. Kornelis referred Council to the last page of Kluge's letter which discusses liquidated damages for work not completed by substantial completion. Kornelis reminded Council of the meeting at Paradisos wherein they discussed the metal door company that went out of business. Kornelis stated that it is his and Kluge's recommendation that liquidated damages should be subtracted after the substantial completion. The amount would be $1,200. The Contractor applied for the full amount of payment. Brown stated that there was approximately $12,000 left in the amount after this payment of..' $54,135. Swarner objected to paying the final payment. Swarner stated she felt there should be some charge for the door delay. Monfor.. stated her concern regarding the trees planted in the planters by. the landscaping firm. Kornelis stated they were planted by the contract documents. Contractor Dan Green stated that there is.a one-year guarantee on the plants. Discussion followed regarding delays. Williams stated that the project was not completed in the 91 days, but it was completed • L J • KENAI.COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 19 under budget. Williams stated that the project was an excellent project, good workmanssthip* top-notch quality and is appreciative to the contractor for that work. Monfor stated that there was a time she was not in support of.the building processs.of the project, but after meeting with the Contractor and architect, she felt they and the Council had a good understanding of what each wanted. There was a definite - change after that meeting. e MOTIONss Councilwoman Monfor KOVED to pay $54,135.38 as a final payment to G&S Construction and Councilman Smalley BECONDED the motion. VOTE: Monfor: Yes Smalley: Yes Swarner: No NOTION PA88ED. Measles: Absent Williams: Yes Mccomsey: Yes Walker: No d. - Mmorial Bark Donation - Informed Council that the hanging baskets at Memorial Park were donated by Trinity Greenhouse as a congratulation for being awarded the All -America City Award, e. i Xartba 911en Anderson - Telephoned and stated --her - pleasure for the dust control measures taken in Thompson Park.. Everyone is happy with it. Requested dust control be placed in Beaver Creek park. She was referred to Jack LaShot. f. Jsrry Ranson Telephoned regarding the placement of top soil at the old fire training grounds. Williams sstated.that there will be soil placed when it is available. g. Junk Cars - Telephone call concerning junk cars along the Spur Highway. Brighton stated that the trailer at the corner of the Professional Building has been moved. Brighton has talked with RPM's owner and.he is going to erect a screen to -prevent the motors from being seen from the street. Brighton as asked Hackney to send a letter to the homeowner in Central Heightsto cease and desist fromhaving a seven -day -a -week garage sale.. Quandt's property is a commercial .:none. If it is a garage; . he is within . his rights°:. If it is a junk yard, the City has.a right to SKENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 20 C7 0 force him to screen. The title of the lease is in the name of'a man who has been deceased for two years. This will need to.be investigated. Brighton stated that he has not had the opportunity to discuss the trailers behind the Uptown with the owner but will within the week. Brighton added that he does not know how to prevent three-wheelers from going through the new seeded grass in Forest Drive Park. Walker stated that if the Quandt property is made to place a fence to screen the activities, then all areas as this should be contacted, h. bids vamping in Moods - Received a telephone complaint regarding this. Williams suggested meeting with the cannery owners and have something done about this. Brighton stated that they are not on City property and the City cannot do anything about it. Brighton reminded Council that a proposal was brought to them a few years ago to build a park to accommodate the cannery workers for the cost of $35,000. Council declined to do the project. Swarner suggested to use fish money received from the Borough to build a camping area. Williams suggested Swarner contact the Borough Finance Director and discuss this with him and report to Council. i. PTI - Williams stated he is meeting with representatives of PTI regarding the potential of them locating their maintenance and Peninsula office in Kenai. =-a. city Manager No report. I-3. Attorney Graves reported that Diane Craig has resigned. They advertised the opening and interviewed candidates. Graves advised that he would offer the job to Sheryl Paulsen if Council approves. Monfor asked if she lives in the City. Graves stated at this time she does, but does not know for sure and he did not ask -as, there is no preference left in the Code. It was removed some years ago. • • KENAI COUNCIL MEETING MINUTES 'JUNE 17, 1992 PAGE 21 I-6. City Clerk McComsey referred to the memorandum included in the packet regarding sales tax information of taxi cab companies and drivers. Williams stated that he has set a meeting with the cab companies on June 18, 1992 at 1:30 p.m. Freas stated the All -America City competition was a great team experience and effort. I-S. Finance Director Brown reported that he mailed out the necessary bed tax forms, etc. to the hotel/motel and bed & breakfast owners. At this time he has not had any calls from the owners. Brown informed Council that Seldovia has requested all Kenai's information in regard to the bed tax. =-6. Public Works Director Kornelis reported the bid dates, etc. of upcoming projects and updated Council on on -going projects. Swarner asked why the street in 3-W Subdivision had to be rebuilt. Kornelis stated there were problems with it when it was built. Discussion followed as to why the City accepted the road if it was not built to its standards. Kornelis stated that the contractor built it before the City could inspect. It was checked by using search checks. This is not a very good way to inspect. I-7. airport Manager Ernst reported the drainage project is on schedule. This project will enhance the airport and resolve the standing water problem. Ernst thanked Parks & Rec for doing such a nice job on Triangle -- Park. J-i. Citisens None. (6 ICENAI COONCIL NESTING.MINUTES JUNB 17, 1992 PAGE 22 e' rAer '" a • AMb - Advised Counci 1 . that the AML meeting Will be held in Kenai, Jul 29and Committee Conference of.Mayors. meeting will bQ he.d�duringlthathtime Swarner is discussing with John Torgerso» a reception or .dinneral • for the group.. Also, at the July 15, 1992 COUncil.Meetin representative Chrystai &with and the riew�Executive Direcgf � Kent Swisher will be in attendance, Director,,, b. Okha Zcahange - Enjoyed hosting two of the Okha singers during their visit to Alaska. very much. They enjoyed the trip to Kenai c• UP With 8iop1• - Encouraged all to go hear the Up With People concert. d• Renal - Swarner stated she has been hearing lots of good comments of how the City looks. Moalor - Asked -what the time line is for seeding yoxest Drive Park picnic area and the big toys placement. they are exploring the possibiKornelis stated lity of plaoinq post and chain i the seeded area to keep vehicln es off. Kornelis stated he will bring this back to Council. Monfor asked if the seedin will done this year. McGillivray stated yes, g 1 be RCComRsey - a. goyr..ftiilirs - Stated his concern regarding the amount of four -wheeler use in the City. His street has been having lots of problems with them. b. Okha �tohange - Really enjoyed the time he h visitors he hosted. one of the best a erienae ad with the s of hie life. Smalley - Congratulations to All-kuerica City delegation. He also had lots -of good comments on how the City looks. Smalls has will be out of town from July 1 through 17, y I* By tout AMOVID �� —c��i eat