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HomeMy WebLinkAbout1992-09-16 Council Minutes■ AGENDA KBNAI CITY COUNCIL - REGUM XBRUNd B�4BTER 16, 199� 7800 Vallo RENAL CITY CODNCIL CAARB A. CALL_!IQ = i. 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. H. NCRFDULBD Bt18LI0COiCt M (10 Minutes) (a C e ]?MLIC__BRARIN e- 1. Ordinance No. 1511-92 - Increasing Estimated Revenues and Appropriations by $1,940 in Two Senior Citizen Funds. a. Substitute Ordinance No. 1511-92 - Increasing Estimated Revenues and Appropriations by $1,940 in Two Senior Citizen Funds. 2. Ordinance No. 1012-92 - Increasing Estimated Revenues and Appropriations by $681,340 in a New Capital Project Fund Entitled East Kenai Sewer. Interceptor - 1992. . a. Approval - Wince-Corthell-Bryson,Contract/Design and Inspection - $154,090. 3. Ordinance No. 1513-92 - Amending th®.,Kenai Municipal Code by Adding a New Section to Chapter 14.10 Nntitled, "Division of a Commercial Tract.". 4. Resolution No. 92-61 - Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. 0 - - 1 5. Resolution No. 92-62 - Transferring $5,000 in the General Fund for Abatement of a Dangerous Building. 6. Resolution No. 92-63 - Adopting the City ; of iCe l i, Alaska 1993-94 Capital Improvement Project (CIP) . Priority List for Request of State Grants. 7. Resolution No. 92-64 - Transferring $23,535 in the► Court Facility Capital Project Fund for Addit$0041 Inspection Costs. a. Approval - Contract Increase - McCool-Carlson-. Green/Courthouse Project-.$23,535. D• -C MMIBA1gNL ,gwn L REPOm 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 September 2, 1992. I. Bills to be Paid, Bills to be Ratified- 2. Purchase Orders Exceeding $1,000 3. *ordinance No. 1514-92 - Increasing Estimated Revenues and Appropriations by $45,000 in the,Boating Facility Enterprise Fund for Fuel and Other Operating Costs.. 4. *Ordinance No. JLSIS-92 - Amending Asthiated Revenues and Appropriations in the Coua�t.Facility capital Project Fund. 5. *Ordin+snae No. 1516-92 - Increasing Estimated. Revenues.. and Appropriations by $137, 730 in a New► . Capit4l'. Proje ct: Fund Entitled "Airport Safety/ Security Gates.' '0' , . -2- 6. *Ordinanve No.'1517-92 - Increasing Estimated Revenues and Appropriations by $.82,429 in the General'Fund for Three State of Alaska Legislative Grants,. 7. Approval; Subleases or Assignment/Tract C,: Xenai Tidelands survey No. 2/Larry-Powers to Cook.Inlet seafood Services. _ •M?�1T�?�! ,R�lORTB 1. Mayor 2. City Manager 3. Attorney 4. City Clerk S. Finance Director 6. Public Works Director 7. Airport Manager J. 1. Citizens (five minutes) 2. Council 1�. ADJOUR1i11t�1T' • • KENAI CITY COUNCIL REOMM MEETINd SBPTMMXR -16, 1992 RENAL CITY COVXClL CRIMBRB MAYOR JOHN Z* IfMIM.: PREBI�TNQ lL.1l CALL To Off„ Mayor Williams called the meeting to order at approximately 7:03. p.m. in the Council Chambers, in the Kenai City Hall- Building., A-1• PLEDGE oV ALLgo�AxQg Mayor Williams led those assembled in'the Pledge of Allegiances. A-2. ROLIL CALL Roll was taken by the City Clerk. Present were: Swarndr, Monfor, Measles, Smalley, Williams, and Walker. Absent was McComsey. A-8, Mayor Williams requested the following changes to the agenda: is ADD: C-7a eubstitute Iafiara:ation, Backup information for and additional regarding inspection increase on the Kenai Court House Project., R-2, Purchase Order to OnGUARD for purchase of Silent War Training Course - $1,035.00. B-28 Purchase order to Kenai Peninsula Borough for estimated expenses -related to the -October 6, 1992 Borough/Municipal Election - $20100.00 =-6, Freas memorandum to council requesting approval of Election Judges for the October 6, 1992 Borough/Municipal Rlection: MOTION Councilman Smalley MOVED for approval'of the regular agenda,with the amendments. There were'no objections. 00 0RDERED 7l►-�6. CONSENT AtENDA E KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 161 1992 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the Consent Agenda and requested UNANIMOUS CON8811T, There were no objections. so ORDERED. None. ITEM as. PVPLaa 8URNM C-1. Ordinance No. 1511-92 - Increasing Estimated Revenues and Appropriations by $1,940 in Two Senior Citizen Funds. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1511-92 and Councilman Measles 88CONDED the motion. There were no public comments. Finance Director Brown stated the difference between the original ordinance and the substitute was a general fund entry was missing in the first draft. Ca -la. OUbetituto ordinance No. 1511-92 - Increasing Estimated Revenues and Appropriations by $1,940 in Two Senior Citizen Funds, NOTION TO AMEND: Councilman Smalley MOVED to amend Ordinance No. 1511-92 by substituting it with Substitute Ordinance No. 1511-92 marked C- la. Councilwoman Monfor 8ECONDED the motion. There was no discussion. VOTE ON AMENDMENT: Swarner: Yes Monfor: Yes McComsey: Absent Smalley: Yes Walker: Yes .MOTION PASSED UNANIMOUSLY. Measles: Yes Williams: Yes . KSNAI CITY CpUNCIL SEPTPMSSR 16o, 1992 PAGE 3 VOTE AS AMENDED: Swarner: Yes McComsey: Absent Walker: Yes MEETING MINUTES Monf or : Yes Smalley: Yes Measles: Voo Williams: Yes MOTION PASSED UNANIMOUSLY. C-2. ordinance No. 1512-92 - Increasing Estimated Revenues and Appropriations by $681,340 in a New Capital Project Fund Entitled East Kenai Sewer Interceptor - 1992. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1512-92 and Councilman Measles SECONDED the motion. There were no public comments. Williams asked if the ordinance to included the total cost of the interceptor. Kornelis answered no. $675,000 will be from a state administrative grant. $850,000 will come from an ADEC matching fund grant. The application has been completed and the City is now waiting for the acceptance of the grant. $275,000 will come from the City Water and Sewer Fund. Altogether, these amounts equal $1,800,000. The total interceptor project will cost $1,800,000. After receipt of the ADEC matching grant, the total funding for the project will be in hand. Brown added that the cost included - in the ordinance is to begin the design work. VOTE: Swarner: Yes Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes Walker: Yes MOTION PABBND ONANIMOUBLY. C-2a. Approval - Wince-Corthell-Bryson Contract/Design and Inspection - $154,090. MOTION: • KBNAI CITY COpNCIL MEETING MINUTES BEpTM18ER 16, 1992 PAGE 4 according to their proposal dated Au exceed amount of $154,090. gust 19, 1992 for a not -to - motion. Councilman Smalley eKCOKDgD th® Where was no discussion. unainimous consent. There were no objectionsWilliams . if there was . d0 01tDRUD. Korn' elis stated that the second phase will come Capital Improvement projects list resolutio later with the that Wince-Corthell-Bryson have stated cost to Kornelis added be $2,70000.00, C-3. OrdinaAae NO, 1513-92 Code by Adding a New seationdto inCha theKenai Municipal "Division of a Commercial Tract.ol per 14.10 Entitled, NOTIONS Councilman Smalley NOV= for adoption of Ordina and Councilman Walker anCONDED the motion. Ce No. 1513-�92 or public comments. Ther e were no Council VOT$= Swarner: Yes MaComsey: Absent Monfor: Yes Measles: Yes Walker: Yes Smalley: Yee Williams: Yes MOTION PUS91D vN�1i�TIii0U8LY. C's • itosolutioa No. 92-61 .. Establishingt he Signatures for Withdrawal From Depoitories ogized Municipal Funds.. MOTION! Councilman Measles iiOV�4D for adoption of ReQoi . requested DOdB COSSS". Councilwoman ration No. 92-61 and motion. There were no Council or Monfor BROMND the objections to the re public comments. There were no quest for unanimous consent, eo e3YtbMD. Resolution No. - :, General Fund for Abat Transferring ement. of a Dangerous bun the MOTYOI�s ilding• Councilman Measles MOVED for adoption of R®sand -Councilman Walker 88CO1ND8D the motion. olution No. 92-62 • KENAI CITY COUNCIL MEETING MINUTES :16, 1992 PAGE 5 There was no public comment* building is located on Cook Inlet Deis informed Council that the Alex. Someone was to have cleaned the area foive and r the ma materials, but did not do it. Brown stated that a Purchase the materials, before Council at the next meeting fox the chase order may come exca Price for the work has not be received at this Cation work. A Suggested the Fire Department use it for a time* Williams Kornelis stated the foundation will remain andaitce fire. filled with sand. Kornelis stated he had not discussed need to be. project with the Fire Department. Williams asked it the • contacted. Graves stated that they would have to be DEC was and it is not known what has been left in the building, ding. VOT8s Williams asked if there were objections to III�AN There were none. so ORDE M, IMOU8 Cons=T. Swarner requested information regarding the house o which had been'discosBed by council before. The n Iowa Street building are still boarded. Graves stated the windows of the trying to repurchase the buildingprevious owner is the City can enforce that he rem elthe1building ter repurchase, to pay the costs. Graves/Brown stated. that hopefullyand he will have Purchase will be completed within the next two onths the C-a. Resolution No. 92-63 - Adopting the city f Ken Alaska 1993-94 Capital Improvement-prof®0 Ipai, Priority List for Request of State Grants, NO'PION= Councilman measles KOVBD for adoption -of Councilwoman Swarner exCONDBD the motion. e'aolution No. 92-"63 and There were no public comments. made. Items Smalley stated corrections to be (f and i e Health and Safety should be rotate and Item (a) of Economic Dev®lopmeht a Tourist Should d and the letters be reassigned as nt (T and c .uld be removed NOTION TO Councilwoman Swarner �t0'li►8D to drop. Item and move item i(cs� to 1(d �('�i to and. 2(a)• Park improvements 88CONDRD the motion. 1(c�... Councilman Smalley KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 6 Discussion followed regarding Items 1(c) and (d). Monfor suggested they remain as they are on the list. The Water Distribution Improvements does not have anything to do with water quality improvements. WIMWRhW OF MOTION TO AMEND t Swarner withdrew her motion and Smalley withdrew his second. MOTION TO AMEND: Councilwoman Swarner MOVED to remove Park Improvements from the list and Councilman Smalley SECONDED the motion. Monfor asked if Item 1(a) will take care of the rest of the Project. Answer was yes. Williams stated that after the Thompson Park project is completed, Council can turn their attention to the Water System Quality Improvements mandated by the federal government. VOTE ON AMONDMENT: Swarner requested UNANIMOUS CONSENT. There were no objections, RO ORDERED. VOTE ON AMENDED RE80LUTIONa Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. Williams stated to the audience that the City would be proceeding with the interceptor line to be funded with funds available. Williams added that the Capital Improvement Projects$ No. 1 priority is to complete the Thompson Park water and sewer mains within the subdivision. If the funds are received from the legislature, the necessary funding will be available for completion of the project. Public Comments: Tom Wagoner, 4040 primrose, renal. - Will the City be goingto bid and construct the main sewer line this year? Korneliss;tated that it is planned that the bid be awarded right away and -then apply for the necessary permits and do the redesign. Kornelis added that the original design was made in 1984 and there have KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 161 1992 PAGE 7 been some improvements made. Also the Corps permit is no longer valid. The application for permits, etc. will be part of the contract with Wince-Corthell-Bryson. Kornelis added that the project should be in progress next summer. Kornelis stated a consultant will be hired for the water system quality improvements. C-79 Resolution No. 92-64 - Transferring $23,535 in the Court Facility Capital Project Fund for Additional Inspection Costs. MOTION a Councilman Smalley MOVED for approval of Resolution No. 92-64 and Councilman Measles 88CONDED the motion. C-7a. Approval - Contract Increase - McCool-Carlson- to Green/Courthouse Project - $23,535. There were no public or Council comments. Kornelis referred to a memorandum (C-7a Substitute Information) distributed to Council prior to the meeting. Kornelis stated that he received a letter from the architect on the courthouse project, McCool-Carlson- Green. The architect requested additional fees for the inspection services on the courthouse in the amount of $13,537. These additional costs are to cover the soils contamination problem and the necessary accelerated work schedule required to inspect the work. The accelerated work schedule includes two ten-hour shifts as the +carpenters will be working two shifts until the work is caught up. Kornelis impressed upon the fact that a detailed record of the work must be kept due to the contaminated soils. The.detailed record is necessary in order to pass the increased cost on to Grace Drilling. in the packet, information from Wm. J. Nelson & Associates, Inc breaks down their estimate of additional costs for the increased inspection due to the contaminated soils. That cost increase is estimated at $21,395.50. McCcol-Carlson-Green, in their September 11, 1992.letter requested an increase of $23#535 (including additional inspection costs for Wm. J. Nelson & Associates and their mark-up fee). In their letter of September 15, 1992 (C-7a substitute information), 0 • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 8 additional costs of $13,537 have been requested (includes their increase of time, Kluge Associates' additional time and the mark- up . Kornelis stated he spoke with the Court System and they stated. they have no problem with the Wm. J. Nelson & Associates request for contract increase. However, the Court System is not comfortable with the increase to the Kluge contract. They would like to see how the contractor will be doing his work. They will be meeting on Monday. Kornelis told the Court System that the next council meeting will be October 7. Kornelis suggested that council approve the increase to Kluge's contract contingent upon the Court System's approval. Smalley asked if the City will be pursuing Grace Drilling to recover these costs. Kornelis stated yes. MOTION: Councilman Smalley KOVED that the City of'Kenai approve an increase in the inspection contract with McCool-Carlson-Green on the Kenai Courthouse project by a not -to -exceed amount of $23,535.00 to cover the increased inspection costs by Wm. J. Nelson & Associates due to the contractor's accelerated work, subject to written approval by the Alaska Court System and the City of kenai approve an increase in the inspection contract with McCool-Carlson-Green on the Kenai Courthouse project by a not -to - exceed amount of $13,537.00 to cover an increased inspection cost by McCool-Carlson-Green and Kluge & Associates, due to -the - . contractor's accelerated work, subject to the written approval:by the Alaska Court System. The accelerated work is necessary because of the delays caused by contaminated soils on the site and that the City pursue that cost reimbursement from Grace Drilling. Councilman Walker BECONDSD the motion. Walker requested that Smalley restate the amount given in Line 3. Smalley restated the amount to be $23,535,00. There was no further discussion. VOTB: Swarner: Yes Monfor: Yes McComsey: Absent Smalley: Yes Walker: Yes NOTION PASSED VURNINOUBLY. Measles: Yes Williams: Yes 0 KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 161 1992 PAGE 9 KOTtON TO 11UUD REBOLUTION NO. 92-641 Councilman Measles-MOV= to amend Resolution No. 92-64 to the amount of $37,072 and Councilman Walker BBCOMED the motion. There were no objections. BO ORDRtiffiD. VOT$ OI�1 AMaMDIND 28801UM-TON NO. 92-64 s Councilman Measles requested Uri XXOVB CONSENT. objections. 00 ORDERED. 8RUR0 8a45 P.K. 3009 TO ORDER $ 8135 P.K. 0, COS«OMMITT8L RSPB D-Z. Council on Aging No report. D-2. airport Coamission There were no Airport Manager Ernst reported a meeting was held and the summer events were discussed. The next meeting is scheduled for October 8, 1992. D-3. Harbor Comission Williams stated that he wrote a letter to Colonel Pierce.(Corps of Engineers) and outlined three items needing. attention in Kenai. Those items were bluff control,,dredging the mouth of the Kenai River, and a small boat harbor. Williams stated he enclosed -pictures of the use of Cunningham. Pork. Williams.also reported that he spoke with Parks & Outdoor Recreation and has received agreement that they will place -an addition to the. boardwalk back.in their budget. -4. hibrary Comission Monfor stated the minutes of their last meeting were inoluucied in the packet... It had been reported at they 9eptember,2, i992 council meeting that Dr. Turner moved out of the -city limits* Although no letter.of resignation had been: received,.Counc:il agreed upon replacing Dr. Turner with ..Tom Murphy. Clark vreas. was requested to -send thank you and appointment letters to Turner. KENAi CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 10 and Murphy. Freas was also re Stanton stating that her application d to consideration would be given to it inwas the D~ge pa"o i Recreation corals s ion send a letter to Lucie being held and near future. McGillivray was not reset Parks & Recreation Confers ceuinto his involvement in the S reported that a reception would be Progress in Kenai. state Visitors Center and invited Counci at 5:30 Williams that 60-70 1 to attend, 0t the Persons Were expected at the conference Williamsllreported Smalley suggested Dann Cox - Of Student Representative on the p$�°,r at KCHS, for theposition Smalley stated he has spoken with Cox and & Recreation Comision in participating. Smalley stated and he is very Cox for completion. he would take an interested application to Planning 9 Zoning Commission Smalley reported actions taken b Commission at their September 9 Y the Planning a A home occupation ' 1992 meeting. & Zoning repair business. Permit was approved for a mobile home Property,, Mobile homes would not be stored on b y� only the tools needed for the repair the • Movement of a lot P business. approved. line in Wildrose Subdivision was CO Three items all Consideration was having to do with Townsite Historic Planned for the TSgive" o Placing a moratorium on development ' until the Task Force has madeeit$ment d. Rezone on pro ert until the October 14P y on Linwood. This item 1992 meeting. was postponed Smalley reported the Commission discussed made with the RPM business what progress has be Lodge. the Quandt junkyard and Irenels been Smalley stated that the Commission members, Goecke and Hanson to assigned their two new Task Force, be their representatives on the TSH Graves reported that almost all of th from the RPM propert a engines had Parking lot b y There are some being stored boff theoved inspected they the building. Graves stated that he Property prior to the meetingand Brown had • Also Graves met KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 11 with the owner a few days before and he assured the owner the City was serious about the removal of the engines. Smalley stated that the Commission was very pleased with Administration's efforts on these matters. Williams referred to Item E of the Commission's agenda which was a request to build a cabinet shop in the TSH zone. Williams stated that the property is right in the center of Old Town in undeveloped area. Lots of area is vacant there. Williams added that he had discussed with the TSH Task Force, that this area would be used for the development of "Heritage Village." Cabins from behind Fort Kenay would be moved there, as well as a cannon and boats. Most of that property will be needed for this development. The property will need to be purchased by the City. Williams added that he has, over the years, stated to amalgamate that area. The government entity get title of all that property to utilize it. The Heritage Village development would fall in line with the area's tourism effort. Williams requested that development go slow in their until the Task Force has made their recommendations and the Council decides to purchase the property for a Heritage Village. Smalley stated this was discussed at their meeting. The Commission asked where the money would come from, how much money, and is it realistically fair to a person who wants to sell property to hold them up for a wish. Williams stated that they are not dealing with a long period of time. The Task Force should be done with their task very quickly. Arness has stated that they will send their opinions forwarded to P&Z and Council as soon as possible. Williams added that he doubted the sale would take place and the building of the shop be started this year. In answer to whether it is fair, Williams stated that in this instance, fairness rests in the eye of the beholder. The best interest of the entire community should be reviewed. Smalley asked if the City will be offering the same price for the property as the owner may be able to acquire from his purchaser. Williams stated that the City would offer the appraised value. Williams added that the City is not in the position to offer less or take advantage of the situation. Smalley asked Williams if he has spoken to Mr. Poppin (the person wanting to sell the property. Williams stated he had not. Williams added he had not counted the lots that would be needed. Williams stated the Bicentennial Committee had blocked out lots in that area. Williams stated he would speak to the TSH Task Force again and • MAI CITY COUNCIL MEETING MINUTES SEPTFMaER 16, 1992 PAGE 12 corgitinued est they that area again. Wi development toward tourism is like s stated that to do to firm up will be Suggested that they be good for thtiene communit survival. Anything understanding of what the TSHt 'Qntil the y later. Williams ask.Force they cidesbetter Monf or asked if Hanson and Goeckets represe TSH Task Force needed Councils a nt pprovai. ation of P&Z on the Answer was no. D-7 • Miscellaneous Commissions and Comoitt�ei a. community Pian3o -Williams reports great success. d the picnic was a b• T8a Zone Moratorium favor of Placing a Smalley stated he was not in before p&Z. g moratorium on TSH Zone development c Smalley stated that each re ominc� Upon on the merits of the request as it quest should be three propOBed projects q is received,decided meeting.j is in the TSH Zone discussedatThere were Smalley added that he would hate to the last P&Z business away in the City. Stifle and turn Williams suggested that review. Williams stated request for the addition Of the historical value. Proposal be held, e last month, the Commission has had Within the TSH Zone. five A moratorium would Four of the five Put a hold on all Walker stated that the City has an o specifically addressing the area. Walinance on the books why every Project would come b®fore ker stated he .did not see vehicle in place to decide on the re Council when there is a. sees no reason for a requests. would hesitate to have moratorium unfiil s rin go Walker, Stated, he added that it should be rything come before council. stated .he left as normal business. il' Walker Williams disagreed and stated the or Williams added that dinance is..40t workable. building any t there is nothing 'to,stOD someone from believed that type of building.they want. Williams statedm ordinance is changed, the problem. Walker stated that,un he g . that ordinance:should b®.used, until the., each request be brought lea With Council for he did not have a Prob. to the house or moving the house because Williams requested the cabinet shoo, Smalley added that in th Projects before them all were an ongoing process. the projects, n • KBNAI CITY COONCIL MEBTING MINUTES 88PTBMBSR 16, 1992 PAGE 13 Smalley stated that he believes the'ordihance is more restrictive than applied. A person may want to build a glass building there, but the ordinance requires that the building must.be in harmony with the area. Smalley stated he believes the ordinance is -.very restrictive. Smalley added that they are better off with the ordinance and that it is more restrictive than.what Williams is indicating. Williams referred to a building that has been under construction for some time and it is not in harmony. Williams also indicated that the person building the building did not have a permit. Smalley stated that a permit was approved by P&Z. Williams stated that is the reason why.the Task Force is to review the ordinance. Williams added why allow things to occur against the best wishes of the community. Smalley stated he was not sure this is in the best interest of the community. The Task Force is attempting to review and he did not want to discourage that. Smalley added that if the requests are to go through the Council, P&Z should be informed that it is not because Council distrusts'P&Z judgment as they believe they. have a good working relationship with Council at this time. Swarner stated she did not believe building permits needed to come before Council. P&Z is doing a good job. If the people do not like the findings of the Commission, they may still come to Council. Walker asked Williams how many years away would the development of Heritage Village take place. Walker stated the item has not been listed on the CIP list. The next, few years, monies will be used for water and sewer projects.and roads. Brown was asked how much money was in the Capital Improvement fund. Brown answered $1.5 million. Smalley stated that he would encourage the City not to take.that money to fund a project that to not,on the books as'yet, The money has already been earmarked for.projects0, ponies are: available for historical projects from other funding agencies.: Monfor stated that she belisved.the discussion.'was premature. Monfor added that if that type► of ' project would to pursued', - the community should find the money. other funding agencies are available and the money does not need to come from the CIP list. • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 14 Williams stated that matching grant money is available. The CIP monies could be used to purchase the property. Williams stated. he believed the lots would be worth about.$10,000 a piece and there are ten lots there. Consensus of Council was that there would be no moratorium. c. Beautification Comittee - Swarner stated that there. are members needed for the Committee. Swarner added that she has • requested a note be placed in the next Chamber Chatter. Swarner suggested Barbara Waters be placed on the Committee. Monfor suggested that new blood for the Committee could come from the Chamber. Williams stated he would discuss the matter at the next Chamber Board meeting. Swarner stated that there will be a meeting on October 13, 1992 regarding the choice of flowers for next year. They will have a guest to discuss the choosing of perennial and making a request through McGillivray of the nurseries to provide. d. Cannery Worker Facility Task Force - Williams stated that the minutes of the meeting were included in the packet. The next meeting is to be held on October 15. e. Warren Larson - Swarner reported that she spoke with a co-worker of Larson's and they have stated they wish to place a tree and plaque in Memorial Park. They have requested that a tree from his experimental plot be placed. Swarner asked if a plaque could only be purchased. Preas stated that the policies and -procedures set by the Council state that this could not be done without the permission of Council. NOTIONS Councilwoman Swarner Kovno to suspend the rules for this specif is case and Councilman Smalley SECONDED the motion. There were no objections. So ORDERED. 9-r1. Regular Meeting of September 2, 1992.. Approved by Consent Agenda. ' 1 i ,b n f t • • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 15 None. IT=.$L None. ZA. E-10 Bills to ba Bald, Sills to b* Ratified 1. Councilman Smalley MOVED to pay the bills and Councilman Measles SZCONDED the motion. There were no objections. So ORDERL"D. E-2, Burohaso Orders Examming $10,000 MOTIONS Councilwoman Swarner MOVED to approve the purchase orders over $1,000 for Jahrig Electric, John Williams, and add the purchase orders for the Silent War Training Course and election expenses. Councilwoman Monfor OXCONDRD the motion. Swarner stated she was not at the last meeting. Swarner stated that when she left town, she. was under the assumption: that a request from PTI was to be received in writing. Williams stated that at the last meeting, he'presented a preliminary plot plan.. Kluge & Associates did the plan on behalf of PTI. Williams stated he�askod Council to move ahead with the identifying the property.. Williams stated.'there was no specific letter received from PTI. Swarner stated that she did not want to spend the $1,000 for a, facility that . is. in .:private business .and there. ,is nothing in - writing. which, states the business will. movie in to the-: City. Anyone also: wanting to, lease from: the : pity must, put the monay exp front. Williams stated that -the City had been less ,stringent in other areas. Willian''is added that he is trying to piece this together to see if. an .opportunity exists... Williams added that he believes the $t0,500 is worth spending. • • • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 16 Monfor stated that if after the City pays this expense.. PTI says they do not wish to move, the money will be well -spent for future proposals. Williams added that there are 15.5 acres there and PTI would be using 6.77. Monfor added that she does not disagree with Swarner. PTI is privately owned but she can justify the. cost because if it is not PTI, it could be someone else using the. property. Swarner stated she disagreed because they are big business, the application fee should not be waived. If it waived for one, it should be waived for everyone. Williams stated he agrees except one objective is to attract business of every sort. This proposal is to bring a major company into the area. Williams added that he discussed the proposal with Brown. Brown suggested leasing the property back to PTI. Williams stated he is not willing to allow a $2 million project in potential taxes, employees, personal property taxes go by because the council did not want to gamble $1,500. Smalley asked Kim How VOTE= Swarner: Yes McComsey: Absent Walker: Yes MOTION BABORD. l[OTION8 a Monfor: Yes Smalley: No Councilman Measles MOVED that the City add property appraisal for the amount of $1,500 Schaafsma. Councilman Smalley BECONDND the Measles: Yes Williams: No the 6.77 acre by Frykholm & motion. • KBNAI CITY COUIJCIL MEETING MINUTES SSPTEMBSR 161 1992 PAGE 17 • r � VOTES Swarner: No McComsey: Absent Walker: Yes NOTION PASSED. Monf or: Yes Smalley: Yes Measles: Ye's Williams: Yes K-3. Ordinance No. 1514-92 - Increasing Estimated Revenues and Appropriations by $450,000 in the Boating Facility Enterprise Fund for Fuel and Other Operating Costs. Approved by Consent Agenda, X-4. Ordinance No. 1515-92 - Amending Estimated Revenues and Appropriations in the Court Facility Capital Project Fund. Approved by Consent Agenda, R-54, Ordinance No. 1516-92 and Appropriations by Fund Entitled "Airport Approved by Consent Agenda. - Increasing Estimated Revenues $137,730 in a New Capital Project Safety/Security Gates." Ordinanc® No. 1517-92 - Increasing Estimated Revenues and Appropriations by $82,429 in the General Fund for Three State of Alaska Legislative Grants. Approved by Consent Agenda, Approval - Sublease or Assignment/Tract C. Kenai Tidelands Survey No. 2/Larry Powers to Cook Inlet Seafood Services, Kist Howard informed Council that since the placement of the information in the packet, it has been determined that Powers is requesting an assignment of lease for the entire property. Taxes have been paid to the Borough. MOTIONS Councilman Walker MOVED for approval of an Assignment of Lease 'as specified in H-7 in the packet. Councilman Measles SECONDED the • • • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 18 motion. Councilman Walker requested were no objections. s0 ORDERED. I-10 Mayor CONSMIT. There Williams reported that he has discussed, with the University, their funding another $1 million to the Fire Training School. Williams added that they are ready to move the computer equipment into the building and that the facility is almost complete. Williams added that he will be urging the University to do this and would like back that a letter from the City. The City's letter would urge the funding, but not by taking that funding from any funds requested by our CIP list.- Williams added that classes should begin in October. =-Z. city Manager No report. 1-3. Attorney No report. =-4. City Clerk a. Freas directed Council's attention to the Election Hoard Precinct Workers list distributed at the beginning of the meeting. Discussion regarding the placement of Linda Swarner and Susan Smalley as workers in Precinct 2. Measles stated he did not feel it appropriate for any council member to be an election judge in a municipal election. Smalley stated that it is difficult to get people to be election judges. Graves stated that the Code allows council members to be judges. At this time, it is a case where no one else will do it and... Swarner is not a candidate. Graves added.it is legal, howevert whether it is good policy is something else. MOTION: Councilman Smalley MOVED for approval of Item 1-4, under election judges as submitted by the City Clerk. Councilwoman Swarner abstained. S ICSNAI CITY COUNCIL M8ETIIJG MINUTES $EpTEMBER 16� 1992 PAGE 19 Measles stated that there is a lot of room for question in the public's eye. Measles stated he believes there should be something to forbid a council person working as an election judge. Williams stated his agreement. Smalley stated that there are four judges for each precinct. However, not always to the people show.up on election day. Smalley suggested reviewing and discussing the matter later. Walker stated that there is no meeting before the October 611992 election. Councilman Walker BBCONDSD the motion. VOTBs Swarner: Abstain Monfor: Yes McComsey: Absent Smalley: Yes Walker: Yes MOTION FRxLSD FOR IJlCI OF MAJORITY. Measles: No Williams: No Discussion followed. Freas stated that some of the regular people that work as were not available. people to work as udges are hard to fjudge8 nd. The list of names was forwarded by the Borough Clerk today and has been approved by the Assembly during their meeting last night. Graves stated that the Kenai Municipal Code requires three judges for each precinct. It was determined that if Swarner was removed from the list, the list would still be acceptable by the Kenai Municipal Code. MOTIONS Councilman Measles xovnu to approve the list submitted, with the deletion of Councilwoman Swarner and.make sure the Borough is informed not to have a Kenai aouncilpers.oh or Borough assemblymember used as a replacement. Councilman Walker BNCONAND� the motion. r� KENAI CITY SEPTEMBER PAGE 20 VOT8= COUNCIL MEETING MINUTES 16, 1992 Swarner: Abstain Monfor: Yes Measles: Yes McComsey: Absent Smalley: No Williams: Yes Walker: Yes • NOTION PABORD. b. Referred to her memorandum included in the packet stating the All -America City vehicle decals have been received and forwarded to the Public Works Director for placement on the vehicles. A list of vehicles to have the decals placed on them was included with the memorandums. c. Freas stated that it was that time of year to set the date for the annual Christmas Party, if Council wished to have a party. Freas suggested Saturday, December 19, 1992 and informed Council that the Senior Center would be available on that date. Council approved the party date. Walker suggested employees be asked if the date would interfere with another religious celebration as Hanukkah begins at sundown. Freas stated she would check with the employees. I -so Finance Director Monfor thanked Brown for the report on the Legislative Miscellaneous Account expenditures. Williams stated that most of the expenditures were in relation to the All -America City project which had not been included in the budget. Williams suggested, that if it is needed, those items be pulled and fund them from the General Fund in another area. t•6. Public Works Director Kornelis reported the following: a. STP EPA inspection was held today. They did well. The disinfection project was reviewed. b. Congregate Housing Project - The punch list work is progressing. c. Courthouse Project - They are pouring foundation footings. An additional area of contamination was found. The contaminated soil is being removed and stockpiled. A KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 21 about the treatment of water. The cost for this 3h-day work was. not much. The big problem was trying to stay in compliance because of the quantity of water coming in to the Sewer Treatment. Plant. d. Airport Drainage Project - nearly finished. e. Fire Hay Addition - Finishing the punch list. f. $650000 was collected from the two dock leases for the amount of fish unloaded this fishing season. Smalley reported a mobile home which has been placed along Float Plane Basin Road. Smalleystated he understood Messrs. Discussion followed regarding Hackney and LaShot had approved. placement of mobile homes used for construction offices on projects. Smalley asked if the construction job lasts ten years, can the trailer stay for ten years. Kornelis stated he did not know the answer. Monfor stated they had this discussion before. Monfor added that the intent of - the as.ninety days that the bile homes were approved for a temporary situation maximum. Kornelis stated he will discuss the matter with LaShot.. X-7. Airport Manager No report. J-1. Citizens Tom Luzny - Alaska Mapping systemfLuzntios the packet of previous discussions withy, including minute of the November 20, 1992 council meeting. Luzny stated that during his previous visit with the Council in. November, 1991, he discussed the Council's purchasing copies of his Kenai Mapping System book, along with the copyright. Council, at that time, stated they would purchase 50 copies, without the copyright. The sale of the books was contingent upon Luzny's paying his taxes. Luzny stated that he came back to the City Hall office in April, 1992. Luzny stated the Clerk told him to talk with council gain or write a letter. Luzny stated he was not tg t tthe meeting due to his car malfunctioning. Luzny stated he left the area again and came back in the Spring to work in Naknek. s • C7 KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 22 Luzny stated that he has not requested an audit by the Borough. Luzny stated his property taxes are paid. Luzny asked if council would honor their decision made in November, 1991 to purchase the 50 copies of the book. Swarner asked if the books were the same ones Council reviewed in, November. Luzny answered they were except that the collation problems were repaired. Swarner stated that on Map 13, the streets were not labeled. Luzny stated that the quality of the book was not as good asdlie had hoped, however it is useful for a variety of purposes. Swarner asked Sgt. Dan Morris what the recommendation of the Kenai Police Department was in regard to the books. Morris stated that they reviewed the book. Morris added that the Police Department was not inclined to replace the books they now use with this book. They are better able to use the old book than the new one. Swarner suggested that if a department book for his department, that they can Luzny being current with his taxes. head wants to purchase the do -so, contingent upon Luzny stated that he was requested to come before Council again. Luzny added that it is his intent to understand how to pay the sales taxes. Luzny stated he will visit the department heads. Williams stated that he did not requested him to write a letter. reflect that no one was excited want to purchase the copyright, find anything in the minutes that Monfor stated that the records_ about the book then and did not Smalley referred to the minutes of November 1991 wherein they stated that Luzny said he was not interested in selling the books to the City. Luzny stated that was probably not definite and that there is some damming information in the minutes. Again Luzny stated he was instructed to come to the council. Luzny. stated that if it is the matter of paying his sales taxes, that has been all set up on a payment plan. Luzny added that he will be leaving the area again. He will be seeing the auditor tomorrow. Williams asked what the total amount of taxes is owed to the is Borough. Luzny stated it was approximately $18019. Williams stated that it was a 6-1 vote to purchase the books, and that the. man is trying to pay his taxes. Swarner added that the purchase • 1�1 • KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1992 PAGE 23 of the books was contingent upon Luzny paying chose not to pay them. Luzny stated there was set in which to pay them. the taxes and he. no amount of time Smalley stated the books were supposed to have been corrected as well. Smalley also suggested if department heads wish to purchase the books, they can do so. Brown stated that it is rather unusual for someone to tell the department heads that they need to purchase something. The department heads know what they need and they are not asking to buy these books. Walker stated that the minutes of November, 1991 reflect that the purchase was contingent upon the payment of taxes and that would be during that same fiscal year. The payment of taxes was not made. Walker stated he did not believe this needed to be addressed as it was during a different fiscal year. Williams added that Luzny would like to pay his taxes and if council will buy the books, he will pay his taxes. Walker stated he understands that, but does not think the City should pay his tax bill. Luzny stated he was asking council to determine whether they will honor the agreement made in November. Clerk Freas stated that she suggested during his visit to her office in April, that he come back to Council because the taxes were not paid. Williams stated that the question is whether to continue the commitment made in a prior fiscal year or not to continue the commitment. Williams asked if there was a motion to continue. There was none. Williams stated to Luzny that the Council was not willing to continue the commitment. M. Targonsky - Stated an acquaintance was looking for a certain . book in the library but was unable to find it and that there were no books in the library regarding Russian Orthodox history. Targonsky stated he wanted to know if the books are there or not... Williams stated that he had recently toured the library. The computer system, available to its patrons, allows a person to type in the name of the book and the computer states where the book is kept. Targonsky stated he would tell the person to ask for information and help at the library. I-* KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 161 1992 PAGE 24 Coutnail walker - Nothing. swarner - Nothing. Nonlor - Nothing. Miasles - Nothing. smalloy Nothing. Williams - Nothing. The meeting adjourned at 9:45 p.m. Minutes transcribed and submitted by: CBrOl L. rl" eas , (9/28/92) TOVED 8X COUNCM. C LSiK