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HomeMy WebLinkAbout1992-09-02 Council MinutesC7 L 10 ; . KENAI CITY COUNCIL - REGULIR MEETING BEPTEMBER 2, 1992 7800 P.M. KENAI CITY COUNCIL CMBERA 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 SCHEDULER PUBLIC CQXU(10 Minutes) C. PUBLIC HEAR_ INo0 1. Ordinance No. 1510-92 - Increasing Estimated Revenues and Appropriations by $13,615 in the General Fund as a Result of Two Library Grants. 2. Resolution No. 92-59 - Providing a Variation and Exception Pursuant to KMC 14.10.090 for Shoreline Heights Subdivision, 3. Resolution No. 92-60 - Transferring $2,000 in the General Fund for Architectural and Engineering Services Relating to Building Construction. 4. *1992 Games of Chance and Contests of skill Permit Application - Alaska State Hospital & Nursing Home Association. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- j 5. Parks & Recreation Commission 6. Planning g nin & Zoning Commission 7. Miscellaneous Commissions and Committees FINEV :.t! _} J 1. *Regular Meeting of August 19, 1992. Q. OLD a-USU i88 $. NE1i BOBIN88B • 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1511-92 - Increasing Estimated Revenues and Appropriations by $1,940 in Two Senior Citizen Funds. 4. *Ordinance No. 1512-92 - Increasing Estimated Revenues t:' and Appropriations by $681,340 in a New Capital Project Fund Entitled East Kenai Sewer Interceptor - 1992. 5. *Ordinance No. 1513-92 - Amending the Kenai Municipal Entitled Chapter 14.10, Code by Adding a New Section to Cha p "Division of a Commercial Tract." 6. Discueeion - 1993 Legislative Priority List. 7. Approval - Congregate Housing Project/Gaston & Associates. a. Change Directive No. 26 - Provide Louver in Exterior Wall of the Elevator Shaft, Actuator Through Smoke Detector, and Manual Override Snitch by Fire Alarm Annunciator Panel - $??? b. Change Directive No. 27 - Replace Installed Pipe to AHU-1 with 2" Pipe - $? c. Change Directive No. 28 - Provide Bi-Fold Doors to Fit Framed Opening - Not -To -Exceed $1,026.88. 8. Approval - Change Order No. 11 - Kenai Sewer Treatment Plant Disinfection Facility/G&S Construction - <$1,028.00>. -2- • 9. Approval - Change Order No. 14 - Gaston & Associates/Kenai Congregate Housing - $0.0o. I. ADmm,,, BORTB I Mayor 2, City Manager 3. Attorney 4. city. Cleric S. Finance Director 6. Public Works Director 7. Airport Manager a. a=eeossio� 1. Citizens (five minutes) 2. Council 3 S • �J 0 KENAI CITY COUNCIL - RROULAR MEETING 88PTMONR * * 1992 7:.00 P.M. . KENAI CITY ' COUNCIL CUMIM8 MAYOR J0= Jo 11=ZAM8, HRRBIDING SUL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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, McComsey, Smalley, and Williams. Absent was Swarner and Measles. A-5. Present were: Walker, Monfor, Mayor Williams requested the following changes to the agenda: ADD: C-2 - Additional information to Resolution No. 92-59 regarding the variation and exception for Shoreline Heights subdivision. D-6, Resignation of Saylor T. Rehm from the Planning & Zoning Commission, H-21 Addition of purchase order to Andco Industries Corporation for the bronze plaque for Congregate Housing Project with All -America City log at the bottom - $1,171.00. I-6, K.Kornelis letters regarding Kenai. courthouse construction project. X0TIONs Councilman Smalley MOVED for approval of the amended agenda and requested UNhN=0D8 CONSENT, There were no ob j ections . . 8q ORD -D. !1-d. There were no changes to the Consent Agenda. • • • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 2 NOTION: Councilman Smalley MOVED for approval of the Consent Agenda and requested UNANIMOOe CONSENT. There were no objections. so ORDERED. OrdiaanCo No. 1510-92 - Increasing Estimated Revenues and Appropriations by $13,615 in the General Fund as a Result of Two Library Grants. MOTIONS Councilwoman Monfor MOVED for approval of Ordinance No. 1510-92 and Councilman McComsey S$CONDED the motion. There were no public or Council comments. VOT2a Walker: Yes Swarner: Absent Mea®les: Absent McComsey: Yes Williams: Yes MOTION PASSED UNMHOUSLY. 0-2• Resolution No. 92-59 - Providing a Exception Pursuant to KMC 14.10.090 Heights Subdivision. MOB+*ON = Monfor : Yes Smalley: Yes Variation and for Shoreline Councilman Smalley MOVED for approval of Resolution 92-59 with :the stipulations stated on the document: 1. A covenant is to be placed on the plat which will require an installation agreement upon further re - Subdivision of Tract A-1. u 0 KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 3 2. A note is the City the road Drive) is meet City to be placed on the plat which states that of Kenai will not provide any maintenance on in the new right-of-way until the road (Dation properly upgraded at no cost to the City, to of kenai Road Construction Specifications, Councilman McComsey SECONDED the motion. McComsey noted that the plat should include such a statement to inform persons (buying into the subdivision in the future) of the requirements for the road maintenance, etc. Kornelis oxplained that the Borough is requesting the access. The road in the subdivision going north and south has already been vacated with the stipulation that Lot 15 will get access. That is the reason for Dation Drive. The plat will show the requirements for building the road and receiving maintenance. The right-of-way has been vacated through the Kenai Planning & Zoning and Kenai Peninsula Planning Commission with the same stipulations. A thirty foot right-of-way will be placed along the lot line and the owner of the adjoining property will give a 30' right-of-way, giving the road way 60 feet. VOTE: Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. 00 ORDERED. C-31. Resolution No. 92-60 - Transferring $2,000 in the General Fund for Architectural and Engineering Services Relating to Building Construction, NOTION: Councilman Smalley MOVED for approval of Resolution No. 92-60 and Councilman McComsey SECONDED the motion. There were no public or Council comments. VOTE: Councilwoman Monfor requested UNANIMOUS CONSENT. Walker asked if City Engineer LaShot is not able to handle both his duties and Building Official Hackney's. Kornelis stated that KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 4 Hackney has some certifications (fire compliance) which. LSShot does not have. Kornelis added that the addition is needed for the Kmart job. Hackneys illness was discussed. Williams stated that he heard Hackney may retire. Kornelis stated that Hackney had not turned in a letter to retire as yet. Smalley added that until he does, it is a moot point. VOTE: There were no objections to the motion. SO ORDERED, 0-4. 1992 dares of Chance and Contest* of Skill Permit Application - Alaska State Hospital & Nursing Home Association. 0 Approved by Consent Agenda, I Dt CO1�I8BIOI�i /COI�ITTSR RBPO1tTB p•s• Council on Aging Porter reported that there was no meeting. Porter reminded Council of the dedication ceremony scheduled for Sunday, September 6, 1992. D-Z• Airport Commission No meeting. Next meeting is scheduled for Thursday, September 10, 1992. pis• Harbor Commission No meeting. Next meeting is scheduled for Monday, September 14, 1992. 40. Library Commission There was a meeting last night. A report on the summer reading. program stated there were 93 child participants in the program. They are expecting a letter of resignation from a member who has moved out of town. The replacement of the member will be discussed at the September 16, 1992 Council Meeting. • �z 0 KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 5 D-S, Parke 8 Recreation Commission McGillivray reported that the Commission will meeting September 3, 1992. They are readying for the State Parks & Recreation Conference. They expect 50-60 people to be coming into town for the meeting. McGillivray stated that a student representative is needed on the Commission. Smalley is to pass the request on at school. Williams requested help from student government to help set up an'd take down for the community picnic. D-6. Planning & Zoning Commission Smalley reported that the minutes of their last meeting were included in the packet. They had a quorum for a short time. Because of that, the public hearings were heard first. A re -zone was postponed. A public hearing was heard regarding an Rv park to be placed across from Cunningham Park. There was only one person who spoke in favor of the development. The Commission rejected the permit. There were questions regarding improper signs. Smalley stated that Lashot has assumed those duties and will be reporting back to the Commission. The Commission will add to their agenda a category for this type of points and concerns. Smalley stated the Commission requires two members. Applications on file were included in the packet. Smalley added that Toga Murphy (who had been a member and moved to Fairbanks) has returned to the area and is interested in being a member of Commission again. Librarian DeForest stated that he has stated interest in being a member of the Library Commission as well. Williams recommended to Council appointing Ron Geocke and Paul Hanson to the Planning & Zoning Commission. There were no objections. Clerk Freas is to send appointment letters. D-7• Miscellaneous Commissions and Committees Monfor reported on the numbers of patrons visiting the Bicentennial Building. Since its opening, there have been 40,268 persons entering the front door and 3,618 mail inquiries. KENAI CITY COUNCIL MEETING MINUTES SEPTEMB r . ER Z 19 PAGE 6 icnid i ted on , the progress, of the comuniu Williams sporite haentral Air Williams stated that he will arias City air ine. o designating. them as the All -Am, all Regular Mosting of august 19, 1998.. Approved by Consent Agenda. None. T at None. g..s. Bills to be paid, Bills to be Ratified MOTIM andnM Councilman Smalley MOOSno objD to pay the bitesationsCoa8OilMORDBRRD.omBey 68CONDED the motion. There were_ R-a . purchase Orders waseding $3. r Q40 MOTIONS Councilwoman Monfor itOVBD to pay the purchase rderr►Bfover ve $1 r 000 r the and include the purchase plaque for $ d171*co Councilman McComsey purchase.of the bronze plaque B8G0�8O the motion. Councilwoman Monfor�reBDsted OM�111IMOt�s Csosun There were no objections• 80 0 0 M • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 7 8-3. Ordinanco no. and Appropriations b3 - Incsreasing Estimated Revenues Funds. Y $1,940 in Two Senior Citizen Approved by Consent Agenda. Ordinance No. 181Z-9Z - and Appropriations b increasing Estimated. Revenues Fund Entitled East KenaiBg�W®r in a New Capital Project interceptor - 1992. Approved by Consent Agenda. ordiaaaoo Ho. z5i3-9Z Code by Adding a New Section to Chae Kenai Municipal "Division of a Commercial Traco Chapter 14.10, Entitled Approved by Consent Agenda. X-6• Discussion . 1993 Legislative Priority List. Williams requested tha t the list be included on the agenda f or action at the September 16• 1992 council m stated that the first priority is the com eeting. Williams Park water and sewer s Williamsstem,letion of the Thompson for the completion of the Williarequested a cost project for that meeting also. estimate Williams suggested the second priorityt water treatment center which will be needed for $r.000,000 for a Williams suggested the third fOr the future. lobby the Legislature for, additional wa to be, or allow him to Put water and sewer service to the Habitat Property ter and sewer money to p Y to $50•00p) which was Or by Lawton Drive. This would allow for the donated by the Borough de -sac to reach the properties as well. a aonstruotion of a cul- It was decided that the list will 9, 1992 work session. be discussed at the September Actin City A draft resolution is to be prepared b g Y Manager Hrown for discussion at the work Y g-7. k session. Assoc Approval - Congregate Housing Project Gast Associates. / on � • • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 8 a. Change Directive No. 26 - Provide Louver in Exterior Wall of the Elevator Shaft, Actuator Through Smoke Detector, and Manual Override Switch. by Fire Alarm Annunciator Panel - $??? Kornelis stated that the elevator inspector has deemed this.work to be necessary. The inspectors interpretation of the code is that it is necessary to go through the vent. Kornelis suggested the cost will be approximately $2,000, MOTION: Councilman Smalley MOVED for approval of Change Directive No. 26 with the stipulations as other change directives. Councilman McComsey SECONDED the motion. Councilman Walker objected. VOTE: Walker: No Swarner: Absent Monfor: Yes Measles: Absent• McComsey: Yes Smalley: Yes Williams: Yes MOTION PASSED. b. Change Directive No. 27 - Replace installed Pipe to AHU-1 with 2" Pipe - $? Kornelis stated that there was a discrepancy in the drawings. One drawing stated a different pipe than the other. The wrong pipe was chosen. Administration already approved the work. The contractor would not start the change without having a signed document. Williams stated that there was good reason to believe that the architect erred. Monfor stated that it needs to be done. MOTION: Councilwoman Monfor MOVED they ratify the actions of Administration with all previous stipulations and Councilman Smalley SECONDED the motion. Kornelis stated that the invoice will stated the cost for materials and labor involved. Kornelis added that there was clearly an error. Kornelis stated that he does not know if City has ownership of the error. • �J LJ • KENAI CITY SEPTEMBER PAGE 9 VOTE= COUNCIL MEETING MINUTES 2, 1992 Councilman Smalley requested =91HOUB CONSENT. There were no objections. 80 ORDERED. c. Change Directive No. 28 - Provide Bi-Fold Doors.to. Fit Framed Opening - Not -To -Exceed $18026,88. Kornelis stated there was a conflict between the drawings and the specifications. The contractor framed the closets for the door openings as described in the architect's drawings. MOTION$ Councilman Walker MOVED for approval of Change Directive No. 28 and Councilman Smalley BRCOND$D the motion. There were no objections. BO ORDERED, 8-80 Approval - Change Order No. 11 - Kenai Sewer Treatment Plant Disinfection Facility/G&S Construction - <$11028.00>. Kornelis stated that at the last Council Meeting he handed out a. letter he wrote to the ADEC and EPA. Kornelis stated he had been concerned that the EPA would fine the City because they were not disinfecting effluent by their deadline. EPA has since sent a. letter stating they do not intend to fine the City. Kornelis requested Council's approval to send a similar letter, changing some of the wording, stating the City will drop the liquidated damages. MOTION$ Councilman Smalley MOVED for approval of Change Order No. 11 for the Kenai Sewer Treatment Plant Disinfection Facility as a credit of $1,028 and direct Kornelis to send the letter discussed. Councilman McComsey 8ECONDED the motion. Williams asked Contractor Dan Green (who was in the audience) if, he agreed. Green stated yes. VOTBs There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 10 8"9• Ap�rovai - Change Order No. 10 - As Congregate Housing& . $ 0.00. Kornblis stated that change order allows the contrrac three days due to the Mt. Spurr eruption. t time to add inspector and others involved in the substantial completion sprinkler unable'tO get to Kenai, thus slowing the completion.p etion were MOTION1 Councilman McComsey MOPED to approve extending the contract by thredays at nohcost tto Order No. 10 Councilman Smalley OXCONDBD the motion. he City. requested v�1hN=MOIIa eoxs�r, There were no objectionsallgOy ORDD. MOTION$ Councilman Smalley MOVED to convene in an executive session the.Council of the City of Kenai concerning personnel Matters' at a of which by law, municipal Charter, and ordinance, are re tars be confidential. McContse r required to Howard and Car R. y requested that Charles A. Brown, Kim Carry Graves attend the second half of the executive session. Councilman McComsey BECOND8D the motion. VOTE= Walker: Yes Measles: Absent Williams: Yes NOTION PABdRD. Swarner: Absent McComsey: Yes EXECUTIVE SESSION BEGAN: 8:11 P.M. BACK TO ORDER: 9:55 p,M. Monfor : No Smalley Yes Councilman Smalley stated that after due consideration the Council elected to maintain the administrative duties and responsibilities and on September 16, 1992, they will revie status and make appropriate recommendations at that time. W the C� • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 21- 1992 PAGE 1,1 XT= it =•i. �tayor a. Work g9niOn - Reminded Council of work session scheduled for September 9., at 6:00 p.m.f'prior to the Planning & Zoning Commission meeting. b. - Plans were included in the packet which were prepared by Bill Kluge. The plans outline the site (behind King's Inn) which includes 6.77 acres. The plans outline the landscaped area, and show adequate buffer. The total fenced yard will be 3.5 acres. One acre will be for parking and the rest for office, etc. Williams asked Council to have administration have the area appraised and then continue negotiations. Williams stated his time schedule is almost two years. Lines of finance, etc. still need to be discussed. PTI is just puttingtogether their g plan with Kluge and Williams' leadership. Williams stated they also show a 15' access easement. Williams stated he wanted the alleyway easement and adjoining property owner have alleyway and have a space between there and the Airport Road for future development. MOTXOXI Councilman Smalley ROVED to continue this investigation study and direct the City to get an appraisal of that parcel of land and keep Council informed. Councilman Mccomsey OXCONDED the motion. There were no objections. Administrative Assistant Howard was directed to have the property appraised. t-Z. City Nanagor No report. Ia-3. �►ttorney In running power to -the -float plane basin, easement® have been. requested. It was necessary to -discuss procurement of one easement frola the executor for . the estate of the ..former owner of the property. The.executor is not wanting to contact the relatives of the estate and suggested that the City Conde -a 20l KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 12 easement to get power to the basin. Graves stated that to go around the property would cost approximately $10,000. The property will be enhanced with power going through it. Graves requested Councils concurrence for a quick take condemnation of property in order to get the right of way. Compensation will be decided later, however, it should not be costly for the City as the property will be worth more with the power. Graves stated that there would not be fee simple to the property, only an easement for the power. MOTIONt Councilman Smalley MOVED for approval a quick -take condemnation of the stated property in order to acquire a 201 easement for placing power to the float plane basin. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. Graves stated that he will be out of town the week of September is 28, 1992, however, he will be available by phone. I-4. City Clerk No report. I-S. pinanae Direator Brown referred Council to information included in the packet regarding Workmen's Compensation Insurance which was discussed at the last meeting. Brown stated that the form is being used now. Brown added that department heads are required to get this information for new orders for any work done on city property. McComsey asked if proof of liability insurance is acquired. McComsey added that the Borough requires it. Graves stated that liability insurance certification is required for large contracts. McComsey added the Borough requires it for small. contracts as well. Walker agreed that liability insurance coverage is needed. Graves stated that the form can be amended for certificate of insurance and add general liability insurance. Graves stated he can investigate and find out what amounts are required. Brown stated his concern with requiring everyone to carry liability insurance. Brown stated that this may eliminates many people from doing work for the city. Brown requested time to discuss this with the department heads and the city attorney. ® KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 21 1992 PAGE 13 Williams suggested that administration continue with requiring Workmen's Compensation and review the liability insurance question. Williams requested that the liability insurance question be brought back to Council at their next meeting. Smalley requested Attorney Graves investigate cases for liability claims for other municipalities. Monfor requested a report from Brown regarding the expenditures of Legislative Miscellaneous for the next meeting. =-6. Public Works Director Kornelis reported: a. Congregate Housing has had substantial completion. There is a large punch list. Another inspection is scheduled for Wednesday. b. The fire bay addition final inspection was held on August 28. There is a small punch list. c. Airport Safety Drainage Project is 60% complete. d. Set Net Drive/Set Net Court final inspection was held. e. Kenai Court House final test results are to be taken:, tomorrow afternoonThe project may be able to start on Friday. or Monday. Kornelis stated he passed out a letter to Council addressed to the Court System and Grace Drilling. Kornelis requested Council to review the letters and call him if they see problems in tex letters. Kornelis stated that the letter to the Court System (last two sentences in the next -to -last paragraph) will be removed. Kornelis added the letter to Grace Drilling states the City has no responsibility for the contaminated soil. Kornelis added that Attorney Graves has reviewed the letters. Walker asked if a permit has been received to cover the contaminated soils on our property. Kornelis stated he does not know at this time. Kornelis added that it is his understanding DEC will allow stockpiling it temporarily...90 days. Walker asked if the City will receive a copy of the site plane or clean- up plan for test of the soils, etc. Kornelis stated the City should. Kornelis added he has the test results if Council would like to review. • • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 2, 1992 PAGE 14 MOTIONS Councilman Smalley MOVED to accep them mailed. Councilwoman Monfor were no objections. SO ©RDDRSD. D-7, Airport Manager t these draft letters and have SECONDED the motion. There a. Airport Manager Ernst reported he held a bid opening for the crack sealing on August 27. There were two bidders. Anchorage Enterprises' bid was for $87,000 and Asphalt Markingls bid was for $38,600. Ernst stated they opted to throw both bids out. Asphalt Marking withdrew their bid and they thought Anchorage Enterprises$ bid was excessive. Ernst proposes to re -bid the job in April or May. The work deadline will be June (60 days). Ernst added that he received an additional proposal from Anchorage Enterprises for crack sealing for $43,000. Ernst stated he discussed this bid with Graves and was advised not to make adjustments to the bid. b. Ernst referred to his memorandum included in the packet regarding the coffee distribution at the airport. Ernst stated that if Council did not object he will request the airlines not to have coffee available on their counters for people in the airport. Ernst stated he will request them to keep it in their back rooms and only when a person requests the coffee, may they serve it to them. Doughnuts can be given as travelers walk through the doors leading to the planes. Monfor asked whether the vending machines would be included. Ernst stated that not as much is purchased from them. Ernst. stated that he told the airlines that they could offer coffee, etc. to the public until the restaurant opened. Ernst added that he requested Markair to remove the coffee and they refused. . Smalley stated that they owe it to the restaurant lessee to allow him to do his business. Ernst stated that there is a perpetual problem with coffee stains on the carpet also. Ernst stated that if there are no objections, he will forward a memorandum to the airlines stating the discussion. There were no objections. Walker stated he had a minor objection as he did not realize the restaurant had exclusive rights. Smalley stated they had this discussion regarding the bar serving food until the restaurant KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 21 1992 PAGE 15 opened. Ernst stated that restaurant has exclusive use and that is why it is a five-year contract. The FAA requires it. J-10 citizens None. J-2o council Walker - No report. Nonfor - Requested the trailer off Togiak be investigated. Graves stated that he believed that Building Official Hackney had been investigating it prior to his absence. LaShot may not have known about that investigation. Monfor stated she will not be at the work session. McComsey - Requested the vehicles for sale on Frontage Road be investigated. Chief Ross stated that the area is posted. As long as the vehicles are removed by 4:00 a.m. Ross stated he will investigate. McComsey requested that the trailer parked at the dust bowl be investigated as well. McComsey asked if sales tax information has been available regarding the taxi companies. Brown stated that Borough has the same problem as everybody else. They are auditing some at this time. it will be a long time before they have an answer. Smalley - Stated he was present at the Habitat fcr Humanities ground breaking. The family is to be in the house by Christmas. Reminded Council and audience to come to the Congregate Housing., dedication and community picnic. Williams - Asked Kornelis when the bucket truck will arrive.. Kornelis stated it is in Anchorage. Williams stated he attended the TSH Task Force "walk -around" of Old Towne. It was very informative. ,li RENAI CITY COUNCIL MEETING MINUTES SEPTBMBEIt 2 l 1992 PAGE 16 ITEM R s ,i1DJOOR1�iMl�1iT The meeting adjourned at 10:41 p.m. Minutes transcribed and submitted by: APPROVED BY cOuNcn 9.1&2& - -,- MINNOW~ DATE dl-y- cum