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HomeMy WebLinkAbout1992-08-19 Council Minutes. • • A. Be C. AGENDA KENAI CITY COUNCIL .. REGULAR NESTING AUGUST 198 1992 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. 8= AUL A PMzC c_0XN1 rr (10 Minutes) 1. Richard Williams, Senior project Manager - K-Mart/Self- Development Group 2. sterling Gallagher - Southcentral Alaska Archdiocese/Roman Catholic Church 3. Chuck Smalley - Aerobics at Kenai Recreation Center/Response to Complaint 1. Ordinance No. 1509-92 - Increasing.Esstimated Revenues . and Appropriations by $1,823.43 in the General Fund for Library Materials, 2. Resolution No. 92-54 - Accepting Four State of Alaska Municipal Grants. 3. Resolution No. 92-55 - Opposing the Passage of Kenai Peninsula Borough Ordinance No. 92-36, Classifying Boats and Vessels for the Purpose of Taxation and Establishing a Severance Tax on Fish. 4. Resolution No. 92-56 - Transferring'$3,864.00 in the Airport Terminal Fund for Airport Security. S. Resolution No. 92-*57 - Designating. Legal Secretary Sheryl Paulsen as Deputy City Clerk. 0 . t ♦tv E D. OL 6. Resolution No. 92-58 - Transferring %, 920 in the , General Fund for installation of Flood Lights at the Airport Triangle Park., 7. *1992 Caws of Chance and contest$'o! skill Moats Cavlo Kermit Application American Legion Unit.200 • Ir _ - • _�. • � fir. �. � � • �. i. Council on Aging 2. Airport Commission 3. Harbor Commission • 4. Library.Comiasion 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees i. *Regular Meeting of August 5, 1992. Un BOBIN88B 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $18000 3. *Ordinanoe No. 1510-92 - Increasing Estimated Revenues and Appropriations by $13,615 in the General Fund as a Result of Two -Library Grants. 4. Approval - Lease Application- Lot 5, Walkowski-Deland Subdivision/will Jahrig. 5. Approval - Gaston & Associates, Inc./Congregate Housing Project a. Construction Change Directive.No. 24 -r Addition of a Fire Extinguishor.in the Elevator Equipment Room- - $100.00. b. Construction'Change Diractive*No.,'25 Addition of Electrical 8ervice.to.oven in Unit, Type 1D1-'$600.00. 6. Disovtgsioa •m Set Net Drive/Set Net Court - Request for Fee -Combined Design and inspection►/Wn. J. Nelson & Associates. • 70 Discussion - ADEC 50% Municipal Grant Program i.AD�,T„�,TIO�i 1'�BlORTB 1. Mayor; 2. Gity Manager 3, Attorney 4. City. Clerk - 50 Pin6nco Director, 60- Public works'Director 70 Airport Manager 1. Citizens (five minutes) 2. Council �3- • 0 0 KENAI CITY COUNCIL REGULAR MEETING AUGUST it$ 1992 KENAI CITY. COUNCIL CHAMBERS MAYOR JOHN J. NILLIAMS, PRESIDING Mayor. Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building, A, -I* LEDag ,9z AURNME Mayor Williams led those assembled in the Pledge of Allegiance. A-6Z. Roll was taken by the City Clerk. Present were: Williams, Walker, Monfor, Measles, McComsey and Smalley. Absent was Swarner. A-$* . WE= APPROVAL Mayor Williams requested the following changes to the agenda: ADD: 9--2. Additional Information — Kenai Municipal Code, Chapter 7.35 entitled, "Industrial Bonds" and work experience information for Robert Flint of Hartig, Rhodes, Norman, Mahoney & Edwards. I-&, Clerk•a Report - 8/18/92 KPB letter withdrawing their protest against the 1992 Liquor License Renewal for Little Ski-Mo. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNMIMOUB CONSENT. There were no objections. SO ORDERED. A-40 There were no amendments to the Consent Agenda. NOTION t . Councilman McComsey MOULD for approval of the Consent Agenda as presented. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. . KENAI CITY COUNCIL MEETING MINUTES AUGUST 191, 992 PAGE 2 9-1. Richard Williams, Senior Project Manager - K-Mart/self- Development Group Mr. Williams gave a brief history of Kmart. Williams stated that the sale of the property should be complete in the near future. Kmart anticipates grading and pouring the construction pad this fall. Construction will resume in the Spring. They anticipate construction to be completed by November, 1993. Kmart intends to use as much local hire as possible. The building will include 145,000 square feet of area. Williams requested that the City Council review its Code and consider amending that portion regarding parcel lines. Williams added that Anchorage has amended their code. Williams stated that he has spoken previously with Building Official Hackney and City Engineer Lashot. Williams passed a copy of the Anchorage changes to Attorney Graves for review. Williams stated that they will be hiring approximately 200 people for the store. Kmart will bring in approximately five employees from other stores to manage. However, the rest of the employees will be from this area. Williams encouraged persons wishing to apply for work to do so at the store. 9-2• Chuck Smalley - Aerobics at Kenai Recreation Center/Response to Complaint Smalley emphasized physical exercise and promotion of a healthy body. Smalley stated that those programs offered at the Recreation Center over the last ten years should be continued.. Smalley suggested a change in priorities. Smalley would like an increase of service to the public. Smalley stated that this will bring in more revenue. Smalley suggested step classes be offered. Smalley also suggested that the weight training facilities be upgraded and more equipment be purchased. Smalley offered his help in locating equipment and prices for that equipment. Williams asked Smalley if he will be responding to the complaint as indicated by the agenda item. Smalley stated that his IS attorney advised him not to discuss the matter. asMAx c=Tx AveoeT 1910 PAGE 3 COUNCIL MEETING MINUTES 992 Williams stated that unless money has already been budgeted for purchase of new weight -training equipment for this year, it will not be purchased. Williams suggested Smalley speak to Council in February or March during the budget work sessions. Councilwoman Monfor stated that she received a copy of the letter of complaint. Monfor asked if the business making the complaint was inside the City of Kenai. Answer was no. Monfor stated that there would not be a new position made for an aerobics instructor. The person who would instruct the class is already an employee of the City. Councilman Smalley suggested that Mr. Smalley take his interests to the Parks & Recreation Commission. Both belly - Referred to the letter and asked if aerobics will be offered in September. Williams stated they would if it has been planned and budgeted. Parks & Recreation Director McGillivray stated that aerobics have always been offered. Instructors have rented space from the Center for their classes. There were no instructors available after this spring. The City took one of the Recreation Center's staff and sent her to aerobics training program to have her certified as an aerobics staff member. McGillivray stated it is planned to use her for classes when there are no other classes being offered by instructors renting the facility. McGillivray added that they have offered this type of class for many years. Councilman McComsey stated his concern that the City will be in - competition with private enterprise. McGillivray stated that he has received a number of calls requesting that aerobics classes be offered at the Center. McGillivray added that the decision is the Councills. Councilman Smalley stated that he first was concerned that the City.would be in competition with private enterprise. However, the business who wrote the letter of complaint is situated outside the City of Kenai. There are other services which the City offers.to its residents and residents outside the City can use as well. Smalley stated he does not have a problem with.the classes being offered at the Center. McGillivray stated that he has had some interest from instructors to rent the facility for classes this fall. • �J XBRAI CITY COUNCIL MEETING MINUTES AUGUST 191, 992 PAGE 4 Kathy Radlof - Ms. Radlof introduced herself as owner of Fitness Center of Alaska. Radlof stated her concerns with the City renting to individuals for private use, i.e. the City subsidizing Private enterprise. Radlof asked where the rent collected from the instructors goes. Williams stated it goes back to the General Fund. Councilwoman Monfor stated that she understood the letter to state that the City was creating an aerobics coordinator'' position Monfor stated there has always been aerobics classes offered at the Center. It is a Kenai service. Residents of Kenai requested this service in their surveys. that the City is not competing with other business nin thefor aCid Kenai. Monfor added that she thought the letter was very ty of negative and full of innuendos and half-truths. Monfor stated she would not support removing that service from the Center. The aerobics classes are a part of the total services offered at the Center. H-3. Sterling oallagher - Southcentral Alaska Archdiocese/Roman Catholic Church This item was moved to 8-3 due to time of Gallagher's tel call. Sterling Gallagher and Robert Flint spoke to the Council through a conference call set up in the Council Chambers. The call was available for all present to hear. Code and Charter information was distributed to Council during Agenda Approval as additional information for this topic. A memorandum was included in the packet from Mayor Williams to Council informing them of Gallagher's request. The memorandum stated that the Southcentral Alaska Archdiocese of the Roman Catholic Church (represented by Sterling Gallagher) have requested the City of Kenai to issue revenue bonds for the Church in order that they may build two churches. One church i's to be built in Soldotna. Flint stated that the bonds would be tax free and 501-C3- corporation eligible for this type of building. separation of state and their non-profit state isAneeededcforfthis type of bonds. The Archdiocese will pay a fee and pay for all the costs. At this time a Japanese company has stated their • K8NAI CITY C00liCIL M88TIN0 liINOTRB AQ908T 1930 992 8710E S r interest in being the guarantor for the Archdiocese. The Archdiocese is audited by Peat, Marwick and a copy can be provided to the City. Williams referred to the City Charter, Section 6-3. Williams stated he discussed this with Attorney Graves and Graves stated concern with, "the revenues of revenue -producing utilities. and enterprises..." Flint stated that home -rule cities can do anything not prohibited by their Charter ^r law. Flint stated that he has not reviewed Kenai's code and charter or spoken with the City Attorney. Flint added that the bond issued will be to the Covenant House Catholic Social Services. Williams stated that the Council needs to decide whether they want to get involved in this venture. Williams stated that some acknowledgement will be needed of the full responsibility of the recipient of the bond and the repayments. Williams added that the citizens of the City cannot repay the bond. Councilman Walker (referring to Charter Section 6-3) asked Graves if this venture would need to be ratified by the voters. Graves read the last sentence where it states, 11... without an election if the debt is payable solely by the users." Graves stated it is possible not to have an election if it is determined if the facility promotes economic development and is paid for solely by the users and meets all the criteria of that part of the Charter. Graves added that the question is whether building a building promotes economical development or whether this section was really meant to build a factory, like a liquified natural gas plant, which was the discussion when this item of the Charter was passed. Williams suggested to allow Flint review the documents and determine the legality of it. If he then approves, he becomes responsible for the legal question. Williams asked if Council wanted to move forward on this and view the proposition as a whole, with the thought that the City will be the issuing agent.. Smalley asked Brown if he had comments. Brown stated that Administration has a number of concerns and questions that bond: counsel and financial advisors can answer. Brown added that he cannot support it at this time because of the lack of information. Brown added that he is rather tentative on it.. Williams asked Flint if he is able to be the bond counsel to the. Archdiocese as well as being a member of the financial committee. • KZ1a►s caxsc coonczL MeEr=ea sae IUG98T 191, 992 PI►99 6 • • of the Archdiocese. Flint stated that it is worth considering, however often a bond counsel can do both. Flint added that the.. finance counsel of the Archdiocese is advisory. MOTION: Councilman Smalley MOVED that the city eetionssue ttos eetifrto this is counsel and find out answers to questions something in which the City is interested. Councilman McComsey SECONDED the motion. VOTE: Williams: Yes Walker: Yes Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PROBED ONANIMOUBLY. Williams stated that the City will wait to hear from the Archdiocese and that they should be in touch with Finance Director Brown and City Attorney Graves. DREMS 8107 P.M. ZRCK TO ORDER: 8:20 P.M. ZTER C a �psLa C 8SA3,_ IN s C-1. ordinance No. 1509-92 - Increasing Estimated Revenues and Appropriations by $1,823.43 in the General Fund for Library Materials. NOTION: Councilman.smalley MOVED for adoption of ordinance No. 1509-92 and Councilman McComsey SECONDED the motion. There were no public or council comxaents. VOTE: Williams:.Yes Monfor : Yes Smalley: Yes Walker: Yes Measles: Yes' Swarnert Absent McComsey: Yes, IIXI111I CITY COtIliCIL MEETING MI�'EB 71ffAU8'P 191* 992 PIiAE 7. C-2. Resolution Xo. 92-54 - Accepting. Four State of Alaska Municipal Grants. XOTIOXI Councilman McComsey X0V8D for approval of Resolution No. 92-54 and Councilman Smalley BBCONDSD the motion. Councilman McComsey requested MMINOoe CONsUT. There were no public or council comments. 80 ORDUND. 0-3, Resolution No. 92-33 - Opposing the Passage of Kenai Peninsula Borough Ordinance No..92-36, Classifying Boats and Vessels for the Purpose of Taxation and Establishing a Severance Tax on Fish. MOTION: Councilman Walker MOVED for approval of Resolution No. 92-55 and Councilwoman Monfor 82001MED the motion. Councilman Walker requested ONAMIKOga CONOUT. There were no public or council comments. There were no objections to the motion, so ORDBRaD. Resolution No. 92-56 - Transferring $3,864 00 in the Airport Terminal Fund for Airport Security. MOTION: Councilman Smalley MOVED for approval of Resolution No. 92-56 and Councilman -Measles SBCONDED the -motion. - There -were no public -or council comments. Councilman McComsey stated he would vote no and called for the question. VOTa$ Williams: Yes Walker: Yes Swarner: Absent Nonfor: Yes Measles: Yes McComsey: No Smalley. Yea NOTZON 1A88900 • I ' + . • XBRAI CITY COUNCIL MEETING MINUTES AUGfUBT 1910 992 Man 8 C-g* 14801utiOu No. 92-57 - Designating Legal Secretary Sheryl Paulsen as Deputy City.Clerk. MOTIONS Councilman Smalley KOVBD for approval of Resolution No. 92-57 and requested UNANIMOUS CON ffo There were no public or council comments. There were no objections to the request. Bo ORDEReoe C-60 Resolution Rea. 92-58 - Transferring $1,920 in the General Fund for Installation of Flood Lights at the Airport Triangle Park, MOTIONS Councilman MCComsey XOVBD for approval of Resolution No. 92-58 and Councilman Measles BBCOHDXD the motion. There were no public comments. Councilman McComsey requested UNANIMOUB CONBBNT. Kornelis explained what type of lights will be placed. Williams.. requested that City Engineer LaShot investigate the type of mounting to be used and make sure that it is a type that will resist theft. VOTES There were no objections to the request for unanimous consent. 80 ORDMED49 C•7. i992 Ganes of Chance and Contests of BRill Monte, Carlo Permit Application American Legion Unit 20. Approved by Consent Agenda. e ICHNAI CITY AUGUST 1910, BAGZ 9 COUNCIL MBETING MINUTE8 992 Ernst informed Council of the vandalism which occurred recently at the float plane basin. Ernst stated the police will be patrolling and the FAA tower will be notifying him if they see any unauthorized persons in the area. Ernst stated that he. has spoken to Frontier Fence to extend the fence across the pond. Ernst added that this will be a diversion and not a solution. The gate problem is made because people do not lock the gate after they enter the area or leave the area. That is how the vandals got to the area. Until power is put in to the area, electric gates or card -operated gates are not an option. Ernst stated that at that time, it will need to be determined if a gate at the main entrance will be wanted or still allow transient people in and out. Ernst stated that the vandalism occurred in both short term and long term areas. Councilman McComsey requested that Administration investigate whether Frontier Fence carries Workmen's Compensation Insurance. �'. Ernst stated that they are bonded and have a business license. Brown stated that he does not normally companies doing work for the City with investigate whether' smallpuurchaseorder amounts carry Workmen's Compensation Insurance. Brown added that he has a memorandum from former City Attorney Rogers stating that it was not necessary. Council requested Attorney Graves to investigate and Brown stated he will make the Rogers# memorandum available to Graves. Walker added that he does not think any contractor should work on City property without insurance coverage. Ernst was requested to investigate cost of card -operated electric gates. D-3• Harbor Commission No report. Williams stated that he will be meeting with the Corps of Engineers next month. Williams added that he has, on behalf of Salamatof Seafoods, requested allowance to do repair, work on the City dock (which is leased to Salamatof Seafoods).. D-d • Library Commission Monfor stated the report was included in.the packet. Their next meeting is scheduled for September. Williams stated he will be attending the meeting. - • xEems csTx covxc=L xEarsNa iuNuTae Aoaoez isi, ssa anaa io • D-So Parks & Recreation Commission McGillivray reported that a meeting was called to discuss the letter (regarding aerobics at the Recreation Center) but a quorum was not present. Their next scheduled meeting will be early in September. McGillivray added that the State Parks & Recreation meeting will be held in Kenai. D-6. Planning i Zoning Commission Smalley reported that the minutes of the July 22, 1992 meeting and August 12, 1992 meeting were included in the packet. Items approved included subdivision changes; approval of a lease to Kenai Modeler's Club; and, a lease application to Will Jahrig with a retroactive payment for ten months prior. Smalley added the Commission's concern regarding the old Quandt property. Smalley requested that City Administration research and find out what has been dune and what can be done to make the present occupants clean up the area. Also establish who are the new lessees/owners of the property. Smalley stated the Commission is also concerned with the RPM. property and would like something to be done. Monfor asked if the owners of Irene's Lodge had been approached regarding their added services and any amendments needed to their Bed & Breakfast permit. Kornelis stated he has a report included in the packet at Information No. 2. Monfor suggested the Quandt property be fenced before it snows. Smalley stated that Commissioner Landeis verbally resigned from the Commission due to relocation of his work. Also, Commission Rehm has missed three consecutive meetings. Clerk Freas was requested to write a thank you letter to Landeis and a letter.to- Rehm regarding the missed meetings. Williams stated that Representative Gail Phillips has pre --filed legislation regarding junk automobiles. Williams stated that the person previously towing junk cars for the Police Department no longer does it because he did not get the towing bid for that airport. Williams added that the person rolled his cost into -the towing of automobiles from the airport to cover his costs for towing for the Police Department. Police Chief Ross stated that there has not been any changes in the way derelict vehicles are handled through the Police - • KENAI CITY AUQUOT 191, PAGE 11 COUNCIL MEETING MINUTED 992 Department. The Department rotates between two wreckers. If a derelict vehicle is on public property, they call the towing company who0s turn it is. If they refuse to tow, they stop doing business with that company. Ross stated that the towing company can file for ownership of the derelict vehicle. Ross restated that there has not been any changes to their policy. Ross added that it could be different for derelict vehicles left on private property. Ross added that no operator has told them he does not. want to do their towing. D-7. Miscellaneous Commissions and Committees a. All -America City - Williams reported the community picnic is progressing. Williams requested Council's approval to purchase rental of sound equipment and disc jockey services from The Music Box. Their cost is $250. Also Williams reported that all the food has been donated except 800 pounds of halibut. 200 pounds has been donated by Salamatof Seafoods. Williams requested approval for purchase of 800 pounds of halibut for $2,400. Williams added that the halibut is filleted and ready for cooking. Monfor suggested Williams contact Dragseth and Cherrier for donations as well. Williams added that the Lions Club will do the cooking. McComsey stated he will help pick up the halibut. MOTION: Councilman Smalley MOV8D to approve the purchase of halibut, music, etc. up to $3,000 for the community picnic. Councilman McComsey BECONDED the motion. There were no objections so ORDERED. b. City Flags - Williams referred to a request from the Beautification Committee regarding the purchase of City flags. The Committee suggested that when ordering replacement flags, they should be one-sided. Clerk Freas reported to Council that during the last Council Meeting they requested that new flags be ordered. Freas stated she ordered the flags prior to this memorandum. There were no directives from Council to change the' order. 4) IIEWII CITY OPDliCIL 1I6ETINA D1I110TE8 71tfOQ8T 1911 992 DUAE is d.•. Ton .Task Fares - Williams stated that the 'minutes' were, in the packet. K..at1$� Regalar Mestiaq . o! August 5, 1992 . Approved by Consent Agenda, ZL None. None.' ,,�U8i�488 X-1. Bills to be paid, Bills to be Ratified i OTXONI Councilman.Smalley ROVED to pay -the bills and Councilman Meanies 83CONDRD the motion. There -were -no objections. 80 ORDSRBD. 8-2. Purchase Orders szaseaing $1p 000 . MOTION= Councilman Smalley KOVBD to approve therpurchase-orders exceeding $1400 and Councilman Mccomsey BSCONDBD. the motion. Councilman Walker requested explanation . of the purchase: of cable, service to the congregate' houoirrnl project. Br stated that, it is -the basic package deal and the coat is included in the rent. The cable service is required for ,the workability ' of the seecurity stem,- VOTas r There were no.objection�a to the motion.: so.t�RD8 8b. 1 .. .. .__...`_,_..:-..... �_. _.,_-..-. _ e ,_- J. .r_ia•_` ._`ram..... ._. ..._.1`.. .: _-. _._._-..+.... __.._. . . i4. »!,.. .-.. i __._.. '1 ... _- w.au ._. .. ... -. .l_. ,.. r .. .1-.1:,. 1 1 •RENAI CITY CO0l1CIL !ISffiPINB MINOT88 AQOIIBT 1911 992 8]1G$ 33 6 • M-3• OrdinaAOe No. 1510-92 - Invreasing Estimated Rov*tuea and Appropriations by $13,615 in the General Fund as a Result of Two Library Grants. Approved by Consent Agenda, E'4• Approval - Lease Application - Lot 51 Walkows Subdivision/Will Jahrig. kf-Deland MOTION8 Councilman Smalley MOVED for approval of the lease application for Lot 5 Walkowski-Deland Subdivision to Will Jahrig. Councilman Walker BECONDED the motion and re r CONSENT. There were no objections. BO ORDER$Dested '�TNA91tMO08 E-5• Approval - Gaston & Associates, Inc./Congregate Project Housing R-5a. ConstruatiOn Change Directive No. 25 - Addition of a Fire Extinguisher in the Elevator Equipment Room - $100.00. At the request of Council, Kornelis explained a construction change directive. Kornelis added that he has been stating that the Council is not relieving the contractor or architect of error. McComsey stated he would abstain from the vote as he sold the fire extinguisher to the contractor. rule that the abstention is not necessaryastheiams costated wa would $100. a under MO'1ZOHI Councilwoman Monfor MOVED for approval of Change Directive No. 24 for a fire extinguisher, not to exceed $loo. SECONDED the motion. Councilman Walkerobject Councilman Measles. VOTES Williams: Yes Monfor: Yes Smalley: Yes MOTION PABBED. Walker: No Measles: yes Swarner: Absent MCComsey: Yes . RENAI CITY COUNCIL MEETING MINUTES AUSUBT 191, 992 PAGE 14 R-Sb. Construction Change Directive No. 25 - Addition of Electrical Service to Oven in Unit Type 1D1 - $600.00. MOTIONS Councilman Smalley MOVED for approval of Construction Change Directive No. 25 for the addition of electrical service to the oven in Unit Type 1D1 for a not -to -exceed cost of $600 and that the City will reserve the right to determine whether the City is responsible as in the past. Councilwoman Monfor BECONDED the motion. MCComsey asked if the work was requested by the City. Kornelis stated no. Kornelis added that this unit is a handicapped unit and the oven is in a different location. The architectes drawings were correct, but the electrical contractor was wrong. Provisions were not made for the placement of the oven. The drawings were in conflict. Walker objected to the motion. VOTgt Williams: Yes Walker: No Swarner: Absent Monfor: Yes Measles: Yes Smalley: Yes McComsey: Yes MOTION PABBED. R-6• Discussion - Set Net Drive/Set Net Court - Request for Fee -Combined Design and inspection/Wm. J. Nelson & Associates. Kornelis stated that a letter from Wm. J. Nelson was included in the packet. Nelson was present and stated that he is requesting his not -to -exceed limits for the two contracts (Set Net Drive/Set Net Court contract for design and contract for inspection) be combined so that he can be reimbursed for his costs up to the-. combined not -to -exceed limit. Nelson added that the amount of effort put into the project was close to what he estimated in total, but he put more time into the design, but less time into inspection. The total project had a cost underrun and there were no change orders. uaNAs crrr aooveT 191, PAGE is MOTt0H8 COUNCIL MEETING MINUTES 992 Councilwoman Monfor MOVED to approve payment Associates in the total amount of $13,5200 • SECONDED the motion. 0 to Wm. J. Nelson & Councilman Smalley Finance Director Brown stated that it was remarkable that Nelson would be so honest. Brown added that Nelson could easily have stated different hours for design and inspection. Walker asked if the contracts were bid separately. Kornelis answered yes. Walker asked if other contractors might come in and ask for the same treatment. Walker added that if the project should have been bid as one sum or stay with the lowest amount. Kornelis stated that professional services are not bid. It is not required to take the lowest bid. Kornelis stated he did not know if Nelson's was the lowest bid. Brown stated that combining the amounts will not increase the total cost. Brown stated he does not believe other engineers can make a claim. VOTE: There were no objections. 80 ORDERED. R-7. Discussion - ADEC 50% Municipal Grant Program Kornelis stated that the City requested $1,800,000 from the Legislature for capital improvement projects. The City was granted $675,000 and $850,000 (for the interceptor). Kornelis. added that he will need to complete the application for the DEC matching grant. In order to do this, he will need to know need to submit next year's priority list. Kornelis suggested Council meet in a work session to make the determination. Brown stated that the Governor was putting together the grant.: application program. The Governor may have told ADEC not to accept applications. The intended language for the Governor's matching grant program has not been passed by the Legislature. The Legislature says the program cannot be used if they do not pass it. Williams stated that he would like to apply and get the money from the DEC as quickly as possible. Walker referred to the "Surface Water Rule" Kornelis distributed to Council and stated' his concern. Williams stated that he and Kornelis discussed this. Williams stated the Thompson Park water and sewer needs to be done. Williams suggested that the City address the federal 4 E • KENRI CITY AUGUST 1910 PAGE 16 COUNCIL MEETING MINOTBG 992 mandates (surface water rule) when it is forced to do so: The City will need to do a clear water program, however Williams is not ready to address it until after the Thompson Park project is completed. Williams added that the City does not have to do the surface water project until they are told to do it. Kornelis stated that they have found that the City is behind on the lead and cooper rule and a program should have been submitted already. The City could be cited by EPA which could result in a fine if it is not done by the end of this year. Thar EPA is suggested the users pay for the costs. There are no grants. The water bills would require raising. Kornelis stated he is planning on doing the testing. Discussion followed. Walker stated that the City should go forward with the Thompson Park water and sewer project, but the water needs to be brought into compliance. Measles agreed that the City should wait until they are told to do the work. It was decided to hold a work session prior to the Planning & Zoning Commission meeting of September 9, 1992. The work session will begin at 6:00 p.m. Clerk Freas is to get a fruit tray for consumption. ITS ADM MOT MIXON RRPOWM I-1. Mayor a. The Lake Clark Exhibit celebration has due to ash from the volcanic eruption. b. The T-33 has been painted and they ar the Air National Guard to place the appropriate city Manager No report. I-3. Attorney No report. been canceled e now waiting for decals on it. 1-4. city Clerk a. Little Ski -No - Clerk Freas referred to the 1-4 information distributed at the beginning of the meeting. The addition is a letter from the Kenai Peninsula Borough to the x6nI CITY COUNCIL MEETING ltI110TE6 71QAOBT 191v 992 PAGE 17 Alcoholic Beverage Control Board stating that they were withdrawing their protest of the 1992 Liquor License Renewal of the Little Ski-Mo. The owner, Mr. Yamamoto, has brought his tax delinquencies current. Freas asked if Council wished to withdraw their protest on this renewal. MOTION: Councilman Smalley MOVED to remove the City of Kenai's protest on the renewal of the 1992 Liquor License for the Little Ski-Mo and Councilman McComsey 8ECONDED the motion. There were no objections. 80 ORDERED. b. Memorial Park - Freas reminded Council of a concern she , brought to Council's attention two meetings prior regarding the guarantee for plantings in Memorial Park. Freas stated that the guarantee from the landscaper is for disease, etc. of the plantings and is for a year's time. Freas stated she received another complaint from one of the persons who planted a tree in the Park. The complainant stated that the tree looked very bad and she felt the tree should be replaced. Freas continued that she reported to the complainant that Council had no changes to the policies and procedures for the Park after they first discussed this topic a few weeks prior, but that she would bring their attention to the matter once more. Council made no changes to the polices and procedures of the Memorial Park. t-s. Finance Director Brown directed Council's attention to his memorandum in the packet regarding sales tax information for bed and breakfasts and. the tax companies. I-60 Public Works Director a. Vintage Pointe Manor Dedication Plaque - Monfor requested that the All -America City logo be added to the plaque. The order will be referred back to City Engineer LaShot. b. RPM - Kornelis stated that he spoke with the owner and he offered explanations of their concerns. This information�w►as included in his Information Item No. 2 memorandum. The owner stated that needs another 30 days in which to remove the rest of the motors. . gmNAI CITY AilAQBT 191 P $Aaa ae COUNCIL MEETING MINUTES 992 Monfor stated her desire pursue the Planning theSmalley added that on behalf and himself, he requested raves and Kornelis needs to be done to clear the area cleared. & Zoning Commission to find out what Williams stated he would like RPM's to be cited* Graves stated that Brighton had sent a letter and given the owner ber of days in which to clean the area or he would bincited. Howard added that penalty and interest was included tere Smalley requested that Graves send a letter tomusthe ownerms and reference Brighton's letter. State that he compliance and if he does not, say what the fine will be and start on a specific date. it was Council's consensus that a letter be sent stating clean up must be accomplished by September 15 or citation will c. Uptown Vans - Kornelis reported spoke with letter had been sent and "Mary" at the motel. Mary stated that to the City in regard to the vans�ho They theyre gettiwould begone some in a equipment to remove the vans and g couple of weeks. Kornelis added that hetod rthatere is salso problem with sight obstruction. Kornelisstated could be in the right-of-way. d. Irene'e Lodge - ICornelireferred o oZLassmtlley stated memorandum included with Information that an upgrade of the permit must go through Planning & Zoning. e. King'e Inn RV Parking "Helen" and she stated that the y f. lire Departanent Hay Addition - Kornelis referred memorandum at Information Item 3 in the packet. There are problems with the roof plywood and the roof will need to be roofed. Kornelis stated in his memorandumat funds to be appropriated for the work before May, l to his re - need g Auction - Kornelis reported that the auction brought fin over $11,000. h . Doak Lease - Because of the amount G f f i h brouteadght over the dock, Snug Harbor will be paying $ $15,000. . EM111I CITY QOOlICIL MEETING MINUTES, 1103U8T 1911 992 *AGE 19 i. STP Contract - Kornelis-reported that he has drafted a letter to DEC and EPA in regard to the contract. In order to close out the contract Eorhelia is.suggesting not to assess liquidated damages to C&S.Construction. Kornelis' memorandum elaborates on the reasons." Kornelis stated that he is requesting assurances from DEC and EPA that the work performed is acceptable, grant eligible and'that they agree with the determination that the project is complete. Kornelis asked Council if they wish to seek liquidated damages. Williams suggested that first get assurance that EPA will allow the permit and then address liquidated damages. Monfor suggested that this be discussed at the work session on September 9. I-7. Airport Manager a. Antenna Para - Ernst reported that he spoke with FAA and they said that moving of the antenna farm is not eligible through airport funding. That funding is only for airport improvement projects. b. MarkAir - Ernst reported that a jet landed at the Kenai Airport with passengers heading for Anchorage from Seattle. Because of the ash, the plane could not land in Anchorage. The passengers were being bussed to Anchorage. The buses taking those people to Anchorage brought people from Anchorage to load on the plane to take back to Seattle. J-1« Citizens None. J-►Z. Council Talker - Nothing. . KENAI CITY COOMCIL MSSTINO 1lI80T88 11U008'P 1910 892 p116' 20 need to be enlarged due to the inclusion of.the handicapped ramp. Kornelis suggested an enlargement be done after, the contractor has completed the project.' 8maii�ry - a. Reported he received a telephone call in regard to placing top soil at the old fire training area. b. Requested McGillivrry to brush out the campsites at the Forest Drive Park. Smalley suggested that the southern entrance be closed or give no access and have people park off Forest Park and carry their equipment to the sites. Smalley added the dirt work looks very good. c. Would like letters of commendation sent to the summer crews for their hard work. d. Stated he has had perennials to plant in Memorial Park donated. McGillivray stated there may be other areas they can be used as well. willisms - Nothing. The meeting adjourned at 10:34 p.m. Minutes transcribed and submitted by: (8/26/92) 0 APPROVE BY COpNM MIA