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HomeMy WebLinkAbout1991-08-07 Council Minutesi • AGENDA X MAI CITY COUNCIL - RXGULAR NESTING AUGUST 7, 1991 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. BCBFDULED P08LIC CORM (10 Minutes) 1. Tom Lusny.- Alaska Mapping Systems/Atlas Proposition 2. Xarea Koester - 'VIP Drive/Street Upgrade Request 3. Nike Peloh Reopening Old Gravel Pit/Beaver Loop. 4. Larry Powers - Public Works Director and Powers' Dock Project. 5. Robert Roper - Temporary Lease 1. Ordinance No, 1445-91 - Amending Title 4, Chapter 4.25 of the Kenai Municipal Code, Entitled "Uniform Plumbing Code" -to Adopt and Incorporate by Reference the 1991 Edition of the Uniform Plumbing Code. 2. Ordinance No, 1447-91 - Amending the Kenai Municipal Code, Title 71 Chapter 15, Section 080 Entitled, "Telephone Polls - Authority, Procedure, Recordation." 3. Ordinance No. 1448-91 - Increasing Estimated Revenues and Appropriations by $160,000 in a New Capital Project. Fund Entitled "Kenai River Viewing Area.11 4. O rdinanae No. 1454-91 - Increasing Estimate and Appropriations by $102,940 in the Marathon Roads Capital Project Fund. n Road. a. Notion for Introduction b. Motion for Second Reading (Vote must unanimous.) be Q• motion for Adoption 5• Ordinance No. 1458-91 «. and Appropriations b Increasing EstimatedO00 oRevenues Replacement of Underground Fuel S Removal and Storage Tanks. a. Notion for zatroduction b. Motion for Second Readin unanimous.) 9 (Vote must be c• Notion for Adoption 6. Resolution No. 9i-46 - Transferring2 5 Airport Land System for Settlement har es�55 in the Taxes on Lot 61 Block 41 Fidalgo Commercial and Past Due Center. 7. Borough No. 91-47 - g the K to S g Change and Establish N Kenai Peninsula Spur View Drive Within the Kenai City Limits•Drive e• Resolution No. 91-46 - Marathon Road Capital Project Services. in the Services, or Engineer 9• Resolution NO, 93-49 - g Intent Between the CityAofi Ronal the Agreement of Sakhalin, USSR. d the Cf ty of pia, 10. *Application For Restaurant assignation Golf Course Cafe, Inc. Permit - Kenai D. cc 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 Committee s a. 1• *Regular Meeting of July 17, 1991. -2 - •;; : •,)I :.1 r • : ��-7-1 1. Bills to be Paid, Bills to be Ratified 2• Purchase Orders Exceeding $i3Od4 3. *Ordinance No. 1450-91 - Increasing Estimated Revenues and Appropriations by $895 in the Senior Citizens - Borough Special Revenue Fund. 4. *Ordinance No. 1451-91 - Increasing Estimated Revenues and Appropriations by $Y,337 in the "Miscellaneous Older Alaskans Grants" Fund. 59 *Ordinance No. 1432-91 - Increasing Estimated Revenues and Appropriations by $15,705 in the General Fund as a Result of Two Library Grants. 6. *Ordinance No. 1453-91 - Increasing Estimated Revenues ' and Appropriations in Three Senior Citizen Funds by a Total of $4,757. 7. *ordinance No. 1456-91 - Amending KMC 3.4.20.230 (b) (2 ) Entitled, "Home Occupations." 8, Approval - Consent to Sublease/Richard I. Morgan to Kenai Golf Course Cafe, Inc. 9. Approval - Assignment of Lease/JOVA, Inc, 10. Discussion - Certificates of Family Participation & Housing Vouchers Statewide Utilization/ASHA to HUD. 11• Discussion - Scenic Viewing Additions to Kenai Flats Wildlife Viewing Area. 12. Discussion - Safety Lights for Sears Elementary School, 13. Approval - Change Order No. 1/Old Town Street Improvements - Doyle Construction. 14. Approval - Change Order No. 2/Kenai Bicentennial Visitors & Cultural Center - G&S Construction. -3- • s, 1. Mayor 2. City Manager 3. Attorney. 4. city Clerk 5. Finance Director 6. Public.Worke Director 7. Airport Manager �. �=seoearo� 1. Citizens (five minutes) 20 council 71 • '1;. I I�.Y -4- REN,'p,I CITY COUNCIL - ItDGULAR MEETING MAYOR .708N '7Oa l ILLIAMS PRESIDING RESIDING Mayor Williams called the meeting to order at a roxi P-m- in the Council Chambers in the Kenai City Hall Buildin 7:00 ding. Mayor Williams led those assembled in the Pledge of Al legiance, llegiance. A=2. ROL GAL Roll was taken by the City Clerk. present were: Will Measles, MaComsey, Monfor, Walker, Swarner, and Smalliams, MartoN: eY. Councilman Smalley XMD to convene in an Executive s the Council of the City of Kenai con essi�n of immediate knowledge of which would clearly have tters the upon the finances of the City of Kenai. Councilman McCose affect 88CONDED the motion mse y VOTR: Williams: yes Walker: Monfor: Yes Yes Swarner: Yes Smalley: YeB Measles: Yes MCComse y.• Yes MOTION PASSED UN"IM008LY. Executive Session began: 7:05 p.m. Back to order: 8':05 p.m. Councilman Smalley reported that the Council has authorized Haggard and Mr. Graves to continue working on settlements nthe on o a M couple of cases, the McLane case and the one regarding a Department. the Police A-S . A9��APPROV�►L Mayor Williams requested the following changes to the agenda. ADD: H-2, Purchase Order to Enstar Natural Gas additional extension of for training center in the amountof$ir526.�00ire 8 R, Purchase Order to Greer Tank, Inc. in the amount of $9,900.00. XNN1I COUNCIL 116ETINO MINO'P88 August 70 1991 Vag* 2 ' I-68 KK report on Congregate Housing REMOVE: Tom bunny, Alaska Mapping Systems/Atlas Proposition (Mr. Luzny requested to be rescheduled.) Robert Roper (Mr. Roper requested to be removed from the agenda . ) ADD: Rally Gifford, Forest Drive Park (assigned as Item B-4) . ADD: Consent Agenda, Item 11-15, Ordinance No. 1449-91 - Increasing Estimated Revenues and Appropriations by $1,380,000 for the SEnior Citizen Congregate Housing Project. Mayor Williams requested Council to join him in a Special Meeting Council on August 12, 1991 at 7:00 p.m. in the City Hall Chambers. The setting of the Special Meeting at this time will give the -correct amount of time for advertising ordinance No. 1449-91. XOTZON: Councilman Smalley MOVED to approve the Agenda as amended and Councilman McComsey SECONDED the motion. There were no objections to the motion. 80 ORDERED. Afts. Mayor Williams asked if there were additional changes to the Consent Agenda. There were none. Williams stated that the Consent Agenda would stand. IT 8=3R ,zR P-unLxc comazin (10 Minutes) 8-10 Karen Koester - VIP Drive/Street Upgrade Request. No. Koester stated that she was representing the homeowners of VIP Drive, Set Net Drive, Set Net Court and Baleen. Koester stated that there is severe flooding in those areas during the winter.and breakup. Koester stated that the flooding has been worse since the paving of VIP. The water from the VIP tends to runoff onto these roads, which are not at the same grade, and RLNAI CO UNCIL MELTING M=ppTge August 9, 1991 Page 3 Pool. Koester stated that she has spoken with City E Lashot earlier in the sumYper. Y Engineer recognized it as a problem. La hot had ot esome gravelviewed the situation and ditching done. LaShot encouraged Koester to omeput in and request to be placed on the CIp list. to Council and road is a through road for traffic Koester added that the bus route, goin to Cannery Road and is a Koester stated that the water to go around the Pool* gets very deep and it is impossible crews have p Kornelis has admitted to her that City winter. pumped the areas regularly through the spring and Koester stated that mail gets interrupted due to the Postal services# refusal to go through the water. Koester stated that she spoke with homeowners on Bo have a problem, others do not. wpicker. Some Net Court stated that have no problem. Koestershe with on Set homes on Set Net Drive.contacted all the pursuing an u Those homeowners are all interested in regarding Paving also,, Ms� ed that she get information from Mr. William Po Koester read into the record a letter pp, a resident of the area. Koester stated that they would like direction as to asking to be placed on the CIp list for an upgrade opaving and drains and culverts. g f storm to the Clerk for the record. of � POPP�s letter was submitted Kornelis was directed to pestimate Put together a cost requested work. Kornelis stated that a retention basinOf tithe Placed on Bowpicker that should help the situation, ad been Williams stated that the City Engineer will brie information the end of November for cost of doing back that the information will be available for discussions upgrade so legislators. ons with the Koester was directed to speak with Finance Director regard to the necessary information needed fora etitionin for an assessment district, p n filing e`ae Mike Peloh - Reopening Old Gravel Pit Seav Pelch discussed his Plan t � er Loop. Loop Road. This p o reopen an old gravel it On gravel pit was used by the State twenty Beaver ago. Pelch would like to reopen the pit to Yearn pay taxes. Pelch XMRX COMIL MEBTING MINUTES August 7, 1991 PtgO 4 stated he came to Council to ask for their consideration and get a preliminary commitment from Council. He will then come back with a formal request. Councilman Smalley stated that the appropriate avenue for such a permit is through Planning & Zoning. Pelch stated that he never used the pit. The State used it and then abandoned the pit. Williams directed Pelch to make his application through Planning & Zoning. 8-9. Larry Powers - Public Works Director and Powers' Dock Project. 0 Mr. Powers was not in attendance. 8-49 lolly Gifford - Forest Drive Park. Me.. Gifford reminded Council that she appeared before Council approximately one month ago in regard to the closing of Forest Drive Park. The Park was closed by Council. After its closure, the Chamber of Commerce came before Council and requested it be reopened. Council decided to reopen the park for tent camping only and discussed the possibility of having a camp host/hostess program. Also, a meeting was scheduled in regard to a design of work for the park. Gifford stated that at the request to reopen the park, she stated that they would be agreeable to that if a host -family would be -- hired and the park would get cleaned up. Nothing has been done. Gifford added that there are residents who would like to volunteer and get the work done. They need direction to do this. They would like to see the park utilized and not deteriorate any further. Kornelis stated that a plan was sent to Parks & Recreation, however they have not had a meeting as yet to discuss the project$ Smalley stated that a committee that he chaired met on June i. They not with surrounding property owners and walked the park. A plan was presented. The Council turned the project over to Parks & Recreation. Smalley believes the Council is obligated to the residents to get the improvements done. He is disappointed that nothing has been done. Smalley would like to see the City go ahead with begin. XENAI COUNCIL MEETING MINUTE8 August 71 1991 stage 5 Discussion followed regarding the removal frees andsthe question of erosion. Councilwoman stated thefor is very he received telephone calls Monforfrom statednthatbCouncil had directed happy about this. erred. There are Administration to do nfcrhstated thatand shewalked through the residents to help. M park the other day and found that the signage is gone, then that is garbage and the toilet facility is very bad. when the Council directs something omdone,, it n memberslbebe done. changed or Monfor suggested that either the Commissio the Commission should be sunsetted. There are ppeopletthat want b to help, there is a plan, the work should getting done. Discussion followed regarding the removal of brush, and ti the Big Toy. Bill Musson, Assistant Director of Parks stated that the Big Toy was removed due to We being found unsafe by the Big Toy representative who recently esall the that City's parks and checked their equipment. Musson suggested the park receive either a complete overhaul all aoParkso&k be done piece by piece. They have been waiting for the Recreation Commission to have a meeting. In the meantime, they have been doing other basic maintenance Kornelis stated that his crews could be available to remove some of the trees in another week. NOTIONS Councilman Smalley MOVED the City proceed rproposed the planned development for the Forest Drive Park begin playground section and work through the park. Councilwoman Swarner BECONDED the motion. Smalley asked if money needed to be appropriated at this time. Williams stated that Administration should come baof ck later with fact that that information theto make parkclearedbupC ewer lots of people wantp VOTE: There were no objections to the motion. so ORDERED. At this time, Mayor Williams recognized Senator Paul Fischer ho was in the audience . Senator Fischer spoke to Council. Fischer stated that he was pleased with the bids for the Congregate • 9 KENAI COUNCIL NESTING MINUTES August 7, 1991 8sge 6 Housing Project. Fischer stated that it was a real gamble for the City to take on this type of project. Fischer added that he promised Governors Cowper and Hickel that the City would provide the land and utilities. All the materials that they sent out stated the same. When he spoke with Governor Hickel, this was one of the selling pointer although technically this does not have to be donee. Williams stated that a special meeting will be held on Monday night with the entire meeting to be used to discuss the Congregate Housing Project. Williams encouraged anyone who would like to speak on the project, to come to the meeting on Monday night for that purpose. PUBLIC- HEARINOB C-10 Ordinance No. 1445-91 - Amending Title 4, Chapter 4.25 of the Kenai Municipal.Code, Entitled "Uniform Plumbing Code" to Adopt and Incorporate by Reference the 1991 Edition of the Uniform Plumbing Code. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1.445-91 and Councilman Measles SECONDED the motion. There were no public or Council comments. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yeas Smalley: Yes MOTION NABBED UNANIMOUSLY. C-2. Ordinance No. 1447-91 - Amending the Kenai Municipal Code, Title 7, Chapter 15, Section 080 Entitled, "Telephone Polls - Authority, Procedure, Recordation." MOTION: Councilman Walker MOVED for adoption of Ordinance No. 1447-91 and Councilman Smalley SECONDED the notion. v. v •� �1 v r. '- v • v. ! • 4 RENAI COUNCIL MEETING MINUT$B August 70 1991 Page 7 There were.no public comments.. Councilman Measles referred to the portion stating that flat least four.members of the council must participate in the vote for the poll to be valid." Measles stated that s different than for normal council votes. Was that intentional? Attorney Graves stated that this is a super majority which will not allow one council member to be contacted and make a decision. Councilman Walker stated that he believes the 2/3 majority needs to remain. The actions taken by polls.are without having the public's input. e VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION GABBED ONANIMOVBLY. C-3. OrdinaACS No. 1448-91 - Increasing Estimated Revenues and Appropriations by $160,000 in a New Capital Project Fund Entitled "Kenai River viewing Area.10 MOTION: Councilman Measles .XOVBD for adoption of ordinance No. 1448-91 and Councilman McComsey 8ECONDlD the motion. There was no public comment. MOTION= Councilman Smalley MOVED to amend the General Fund figures of $67,282.26 to $88,000 (figure lines 1, 2 and 4), drop the $10,765.32 and the $90952.42 and make the comment that the figures in the Whereas, third and fourth, the..$108765.32 and the $9,952.42 be used on the projects being discussed, partially in the Forest Park area, part of it, but expend those funds. Councilwoman Monfor BECONDSD the motion. Williams stated that he understands the motion to allocate more funds from the General Fund for this project, utilizing the Federal Revenue Sharing Funds and the. 1974 bond funds to the park issue. Is there a time line involved with the federal funds or the 1974 bond issue funds. Brown stated no. Brown stated the 1974 bond funds should be used for major capital improvements - XZNAI COUNCIL MEETING MINUTES Aaguat 7, 1991 Page a rather than repairs. Brown stated that since the work is about. 50/50 for repair and major improvements, he felt that this could be worked out. Williams asked that with the General Fund figure of $88,000 and the grant amount of $72,000.00, is it Council's intention to go beyond the 50/50% split. Brown stated that the State takes its ten percent off the top of the gross (which includes the federal monies. The City pays five percent to the State. That is why the City's share is higher than the State grant. Smalley stated that his amendment is to make some funds available for the renovation of the Forest Drive Park. Monfor stated that she agrees with Smalley 100%. The City should clean up with what it has before something new is started. _ Walker spoke to the amendment and the main motion. Walker agrees with cleaning up the parks now in existence before starting something new. Walker stated that he personally not support either the motion or the amendment because he not want to make another park. The parks the City already are not cared for properly. That is his opinion, also does does has Swarner asked when the total cost of the Kenai River View Area project will be known. Kornelis stated that he plans on using City crews and equipment. He will not know the cost until it is completed. He will probably start the project next Spring. MOTION: Councilman Walker MOVED to table the ordinance until it is known how much the project will cost. Councilwoman Swarner SECONDED the motion. Williams asked for a time -certain. Walker stated it is when it is known how much the project will cost. Williams stated the question regarding fund availability for Forest Drive Park could be done with an additional motion. t.1 V I RENAI COUNCIL MEETING MINUTES August 7, 1991 Page 9 VOTE ON TABLNi Williams: No Walker.: Yes Swarner: Yes Monfor: Yes Measles: No McComsey: No Smalley: No MOTION TO TABLE PAILS. VOTE ON AMENDMENT: Williams: Yes Walker: No Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED. MOTION AS AMENDED: Williams: Yes Walker: No Swarner: No Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED. C-4. Ordinance No. 1454-91 - Inoreasinq Estimated Revenues and Appropriations by $102#940 in the Marathon Road Capital Project Fund. 0-4a. Motion for Introduction MOTION: Councilman Smalley,xCVSD to introduce ordinance No. 1454-91 and Councilman McComsey..SECO�iDED the motion. Councilman Measles requested M WIM09 CONSENT. There were no objections. SO ORDERED. C-4b. Motion for Second Reading (Vote must.be unanimous.) MOTION: Councilman Measles XOVED'for.the second reading of ordinance No. 1454-91 and Councilman McComsey SECONDSO the motion. tMOUS . CONSENT was requested. u 6 0 1MMX COUNCIL MEETING MINUTES ,August 7, 1991 Sage to Walker asked why there is such a hurry for the passage of the ordinance. Kornelis stated that there are two items on the purchase orders over $1,000 for a fence extension and replacement poles on the Marathon Road project. The poles need to be relocated. VOTE: There was no objection to the request for Unanimous Consent. 80 ORDERED. C-40. Motion for Adoption MOTION$ Councilman McComsey MOVED for approval of Ordinance No. 1454-91 and Councilman Smalley BECONDED the motion. There were no public or Council comments. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes LOTION PASSED UNANIMOUBLY. 0-5. Ordinance No. 1455-91 - Increasing Estimated Revenues and Appropriations by $50,000 for Removal and Replacement of Underground Fuel Storage Tanks. C-5a. Motion for Introduction MOTION: Councilman Measles MOVED for introduction of Ordinance No. 1455r- 91 and Councilman McComsey 8BCONDED the motion. Councilman Measles requested OMINOUS CONSENT. There were no objections. 80 ORDERED. RENAX COUNCIL MEETING MINUTES August 7, 1991 Page 11 C-Sb* motion for Second Reading (Vote must be unanimous.) Councilman Measles MOVED for second reading of Ordinance No. 1455-91 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no objections. 00 ORDERED. C-So. Motion for Adoption MOTION: Councilman McComsey MOVED for approval of Ordinance No. 1455-93. and Councilwoman Monfor SECONDED the motion. There were no public comments. Councilman Walker asked Kornelis if there is a possibility of contaminated soil. Kornelis stated that he could only make a guess. Kornelis added that the tanks were tested a few years ago. They now have to be tested again or pulled out of the ground by 1994. Soils tests will be done on the surface. Any contamination will have to be handled. DEC requires site analysis. Next year an inspector will need to be on site. Storage area will be behind the crew buildings out of the public's sight. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-6, Resolution No. 91-46 - Transferring $2,524.55 in the Airport Land System for Settlement Charges and Past Due Taxes on Lot 6, Block 4, Fidalgo Commercial Center. NOTION$ Councilman Smalley MOVED for approval of Resolution No. 91-46 and Councilman McComsey SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. RENAL COUNCIL NEETIN43 MINUTES August 7, 1991 Page 19 0-7. Resolution No. 91-47 ;Requesting the Kenai Peninsula Borough.Change and Establish the Name of Ryan's Drive to Spur view Drive Within the Kenai City Limits. XOTZON$ Councilman Smalley MOVED for approval of Resolution No. 91-47 and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There was no public comment. Councilwoman Monfor objected to unanimous consent. VOTE$ Williams: Yes Walker: Yes Swarner: Yes Monfor: No. Measles: Yes McComsey: Yes Smalley: Yes LOTION PABBED. C-8. itesolUtiOn No. 91-48 - Transferring $5,800 in the Marathon Road Capital Project Fund for Engineer Services. MOTION$ Councilman Smalley MOVED for approval of Resolution No. 91-48-and Councilwoman Swarner 88CONDED the motion. There were no public or Council comments. VOTNI Councilwoman Swarner requested 9NANINOU9 CONSENT. There were no objections. 80 ORDERED. C-9. Resolution No. 91-49 - Affirming the Agreement of Intent.Between the City of Kenai and the City of okha, Sakhalin, USSR. MOTION$ Councilman Measles LOVED for approval of Resolution No. 91-49.and requested ==ZHOUM CONSENT. Councilman McComsey BECONDIiD the motion. • XM W COUNCIL MEETING MINOT88 August 7.0 1991 Pago 13 There were no public comments. Councilman Smalley asked what the fiscal note will be. Williams stated that is undetermined at this time. The plan is to have the visitors housed in private. homes. A production of their dancers and musicians and some from this area is planned. Cost of the tickets will help defer costs. Councilman Smalley stated that there is a proposed exchange program between Russian and Nikiski and Kenai schools. Williams stated that a committee is being formed to deal with the whole issue of Russian and Alaskan relations. This committee will be a friendship committee. However, Williams has suggested to Mgyor Gilman that four subcommittees be formed to discuss art, education, science, etc. VOTMs There were no objections to the request for unanimous consent. 80 ORDMRBD. 0•30. Application for Rostauraut Dosiguation PorXit - Kenai Golf Course Cafe, Inc. Approved by consent agenda. COMMI88ION jCO T, T g RM= D-1 • Council on aging Councilwoman Sw3per stated that the minutes are in the packet. They are all hapy with the bids on the Congregate Housing, g D-3• Airport commission Councilman Measles stated a meeting will be held August e, 1991. Williams reported that the T-33 project is coming along. Walker. stated that he has located the requested pipe and it will be donated and delivered. D•3. Sarbor Commission Councilman Walker stated that there was no meeting. The next meeting is scheduled for Monday, August 12, 1991. pd LJ KENAI'COUNCIL RESTING MINUTES August 7, 1991 Page 14 D-4. Library CO. M- ission Councilwoman Monfor stated that there was no meeting. The summer reading party was given for the children involved in the program. 170 children completed the program. There will be a Library Commission meeting in September. Also, Magadan wants to be sister Library. D-5. parks a Recreation Commission There was no meeting. Mayor Williams stated that there is a vacancy on the Commission. An application for placement on that Commission has been submitted by Kelly Gifford. Williams requested Council's approval of the placement of Gifford to the Commission. MOTIONS Councilman Measles MOVED for approval of the placement of Kelly Gifford to the Parks & Recreation Commission. Councilman Mccomsey SECONDED the motion. There were no objections. s0 ORDERED. Clerk Freas was directed to send an appointment letter. D-6. planning & zoning Commission councilman Smalley reported that the minutes of the lastmeeting were included in the packet_. Smalley added that the Commission approved a B&B on Set Nett a home occupation permit for Discovery Toys; and the placement of a retaining wall/landscape wall.in Townsite Historic. There was also discussion regarding a R&D on Barabara Drive. P&Z reconsidered and voted approval. City Manager Brighton has since countermanded that approval. Smalley stated he believes the question will come before Council in the near future.. Smalley stated that them was.also discussion regarding the amount and speed of traffic near.' the Orthodox Church and the art gallery. Also, there was discussion of a suggestion that the City talk with the'Churah and the City get title of the. road property so that it can be maintained.' These items of concern were passed on to City aftinistration. Williams stated that he would like.to have the City discuss this with the Bishop.in order that the road can be paved and the City XR&I COUNCIL MEETING MINUTES August 7, 1991 Page i5 obtain a proper right of way. The public does not understand that the property does not belong to the City. it is private property. The City does lots of work on the road and receives a lot of criticism. XOTION$ Councilman Smalley MOVED that Bill Brighton and City Administration contact the Church in Anchorage to see if there is a possibility of getting this done. Councilwoman Monfor suggested Administration contacts the Church in Kodiak. Smalley corrected his motion to state they contact Kodiak. Councilman McComsey SECONDED the motion. Councilman McComsey suggested that if this suggestion does not work out., then the City should stop any of the maintenance it does and leave it alone. Williams agreed. There is a tremendous liability to the City when it does work in there. Smalley stated that this will put the Church in the position that they will have to do something. Other people will be without road service. It should be explained to the Bishop about the potential liability to the City. Walker stated that he tends to agree, however, those people are entitled to fire service. If the road is not kept open, the fire service may be hampered. Williams stated that adds fuel to the discussion that something has to be done. Something official needs to be done to make it legal. VOTE2 UNhN=MOU8 CONSENT was requested. There were no objections. s0 ORDERED. Steven Palos&, 514 Overland Drive, zonai, Alt. Peloza stated that there are major speeding problems, twenty-four hours a day along the road in front of his business and the Orthodox Church. Also, the road is very dusty. He has complaints every day. Peloza believes that something needs to be done and immediately, not when just convenient. Smalley stated that the City cannot post the road because it is e not City property. Williams added that the Church needs to be requested to close off the road or monitor. Smalley added that ZgVAI COUNCIL MEETING MINUTES au"St 70 1991 page 16 last motion, the City will attempt tocontact the or. with the the City will.get a maintenance Bishop. Hopefully, ownership. D -7. Miscellaneous Commissions and Committeso No reports* s Ul+ 1 �r Regular Meeting of ,uly 17, 1991. Approved by Consent Agenda. 0 None. None. ZT0 its RW Bffu=R g..1� Bills to be paid, Bills to be Ratified NOTION$ Councilman Smalley MOVED to pay the bills. Councilman McComsey eaco�DSD the motion. There were no objections to the motion. e ORDEIRIlD4 g_Zpurobase Orders zcoseaing $10000 MOTIONS edin Councilman Measles MOVED to approve the purchase ordersteoxEnstarg 1 pnp and to include the adding Of the Tanpk�znc. in the amount . in r the amount of $1, 52 6 and to Gree $e,sle re0. quested Smalley SSCONDSD the motion. Councilman Measles requested UMtMOdd C0116W2 • • 10ENAI COUNCIL NESTING MINUTES AUgUbt 7, 1991 page 17 Councilman Walker objected to the purchase order for the 2Ox scope on a metal base to be placed at the boardwalk, Walker stated that there will be little monitoring of the equipment and would be a prime spot for vandalism. Kornelis stated that at item H-11 there is a explanation of the item. The City is able to got the scope at the State rate due to the City piggybacking a State bid0 Kornelis stated that with this purchase, the project will close using, al,l the grant funds. Smalley stated he agreed with Walker regarding the opportunity for vandalism, however, it is not coin operated, and so would have little desire to be vandalized. Smalley will support the purchase. . VOTE: Williams: Yes Walker: No Swarner: Yes ` Monfor: Yes Measles: Yes MaComsey: Yes Smalley: Yes NOTION PROBED. R-3. ordinance No. 1450-91 - Increasing Estimated Revenues and Appropriations by $895 in the Senior Citizens - Borough Special Revenue Fund. Approved -by Consent Agenda. H-49 Ordinance No. 1451-91 - Increasing Estimated Revenues and Appropriations by $1,337 in the "Miscellaneous Older Alaskans Grants' Fund. Approved by Consent Agenda, Ordinance No. 1433-91 - Increasing Estimated Revenues and Appropriations by $15,705 in the General Fund as a Result of Two Library Grants. Approved by Conserit.Aganda. R•6. Ordinance No.. 1453-91 .Increasing Estimated Revenues and.Appropriations in Three Senior Citizen Funds by a Total of $40757. • Approved by Consent Agenda.. a.. RFNAI COUNCIL MEETING MINUTES August 7, 1992 page is R-7. Oraivanoe NO*.1456-91 - Amending RMC 14.20.230(b)(2) Entitled, "Home Occupations.$ Approved by Consent Agenda. Approval - Consentto Sublease/Richard I. Morgan to Kenai Golf Course Cafe,. Inc. Attorney Graves stated that the consent form is like the City's Consent to Assignment. Smalley asked if the allowance of this sublease would in any way make the City liable if there is an accident. Graves stated that he does not believe so. There is always a possibility that the City could be sued, however, he does not think there will be any liability. MOTZ081 ;YCouncilman MCComsey MOVED for approval of the Consent to Sublease. and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. H-90 Approval - Assignment of Lease/JOVA, Inc. MOTX0X t Councilman Smalley ROVED for approval of the Assignment of Lease and Councilman Walker SECONDED the motion. There were no objections. 80 ORDERED, E-10. Disauesion - - Certificates of Family participation & Housing Vouchers Statewide Utilization/ASHA to HUD. Williams stated that this is a normal request. It does not have anything -to do with the purchase of ASHA housing.. Smalley asked if there is any fiscal note regarding taxes, etc. Williams stated that the tenant still needs to be responsible for the taxes. Walker stated that he thought there was a limit to this kind of housing.. Williams stated no. Walker is thinking of the CIHA purchase of houses from HUD. This allows more housing that the tenant pays a part of the rent and HUD pays one-half the rent. 0 u 0 XENAI COUNCIL MEETING MINUTES ylugast 7, 1991 Sago 19 MOTION$ Councilman McComsey MOVED to send a letter to HUD with the appropriate information and Councilman Smalley SECONDED the motion. McComsey asked if not sending the letter would do anything. Brown stated that it is a federal requirement that HUD needs this letter from the municipality. VOTE$ There were no objections to the motion. 80 ORDERED. 8-11. Discussion - Scenic Viewing Additions to Kenai Flats Wildlife Viewing Area. Discussed at H-2 and approved. 8-12. Discussion - Safety Lights for Sears Elementary School, NOTION: Councilman Measles MOVED that the advice set out in Keith Kornelis' memorandum of August 1, 1991, included in the packet, and send it back to the Borough. Councilwoman Monfor SECONDED the motion. Councilman Smalley stated to add that there are other areas of liabilities to be concerned with at Mt. View, KCHS and the Middle School. VOTE$ There were no objections to the motion. 80 ORDERED, 8-13. Approval - Change Order No. 1/Old Town Street Improvements - Doyle Construction, MOTION$ Councilman Measles MOVED for approval of Change Order No. 1 to Doyle Construction crediting the contract price by $12,477.00. Councilman Smalley SECONDED the motion. ItSyll COUNCIL MUTING MIMUTEB August 7, 1921 page 20 is There were no publi c comments. Measles asked Kornevn� � uns�ere credits from under "Deductis explained Quantity t the credit the big Kornelis explained Miscellaneous Quantities* of excavation and backfill• This was due to an illrclosemout the job. Change Order w • C7 VOTES IMOUB CONSENT• Councilman Walker objects Measles requested UNAN the nrepair of water work Walker had questions regarding prior to the beginning service...water service was no expd].anation for those. t e Cit'Oven on the project." There et, it appears that though the project camad adjustment nder of forms, etc. He does not paying for some extra j support the change order. Swarner: Yes Walker: NO Williams: Yes Measles: Yes McComsey: Yes Monfor: Yes Smalley: Yes MOTION BARBED4, Administration whether the credit on this Project eeis Williams asked AmdmigBst p�swer, yes• Williams asked i are some grant f these monies could be used in something a potential that Some . Kornelis stated the thaat were t could be like the VIP repair project here. Kornelis added that all the h fundsstated that he has not used anywof losing have been used• Br ardy believes there will -be j=Op ortf but that he done a final re25, 000 left. approximately $ icentenniai 5-140 approval Visitors - Change Order No. & Cultural Center 21Kenai B - G&S Construction. MOTIONS OvED for approval of the Change rder No.. 2 Councilman Smalley M Onial the motion. to G&S Con for the Kenai Bicentennial Visitors Cultural Center. Councilman McComsey includes a councilwoman Swarner stated that the iri teas of satin chrome* request to use antique bronze hardware UMAI COUNCIL August 7, 1991 Page 21 MOTION: MEETING M=MTEB Councilwoman Swarner MOVED to delete bronze hardware and Councilman Walk the request for antique Walker eECo � Councilman Walker stated t NDED the motion. that the request to changehat he believes it a antique bronze because tistre hardware came from satin chro�e°rder before and it was ordered downq request came before the Council Once Kluge stated that the reason for his was that the buildingco request for reconsideration approved before. committee was disappointed that it was this hardware. This is the last chance to make a changenot This stated the antique bronze hardware for make a much nicer finished with the credit on the earthwarkctc Kluge added that he would Initial rejection. Council might reconsider its is Williams stated that in looking Project, he would vote in a at the overall quality of the thinks it a recognition approval of the change order. credit. With changing the contractor that there is is liams to the project, g g the hardware, there will still be a credit McComsey stated that he will support stated that he hates change ordsthe change order. enhancement to the , however, McComsey Project. , this will be an Walker stated that as a being before Council again. Thererder, he reconsideration. questions the request was no motion for Williams stated that discussion of Previous discussion. Williams ruledhe motion was o discuss andart votefthe again. VOTE ON THE AKUDNEW TO DELETE: Williams: No Monfor: No Walker: Yes Smalley: No Measles: No Swarner: yes McComsey: No MOTION FAIY,gD. 41 0 RENAI COUNCIL MEETING MINUTES August 70 1991 Page 22 VOTR ON MAIN MOTION: Williams: Yes Walker: No Swarner: No Monfor Yes Measles: Yes Mccomssy: Yes Smalley: Yes NOTION PABSED. Ordinance No. 1449-91 - Increasing Estimated Revenues and Appropriations by $1,3801000 for the Senior Citizen Congregate Housing Project. Approved by Consent Agenda, ITEM IL ADMINIBTRATIO RESORTS I-1. Mayor Williams reported that the Bicentennial Visitors & Cultural Center Board of Directors has requested to have a joint work session -with Council regarding the future of their organization. They are'requesting the work session be set for early September. A Joint Work Session was set for 7:00 p.m., September 12, 1991 in the Council Chambers. Williams requested permission from Council to travel to - Washington, D.C. with Mayor Gilman to discuss the -.Cold Water Helicopter Recovery School with Senator Stevens. Airfare should be about $700.00, plus hotel expenses. The meeting will be to set the final ground work prior to the federal government setting their final budget. MOTION: Councilman Smalley MOVED for approval of the travel and Councilman Measles SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. So ORDERED• I-2. 0 No report. City Manager • RENAI COUNCIL MEETING MINUTES Au9U8t 70, 1991 P4ge 23 Jews' Attorney No report. Smalley referred back to t travel. Smalley indicated that he included. per diem J'4' City Clerk request for the Mayorls and hotel costs are Reminded Council of the Work Session sc at 7:00 p.m, in the Librar heduled for August 8, 1991 discussed is the Comprehensive Plan. Room. Topic to be that she would not be able to attend. Councilwoman Swarner stated Williams reminded Council that there for August 20, 1991 with Carrs. is a Work session scheduled Jews• Finanoe Director No report. 1'6' Public Works Director Kornelis reported the following: 1' A DEC grant was received for the a be used toward the STP disinfection r mount of completing the project. Kornelis2193 to Paperwork for acceptance of the grant. 2• There are additional costs for reb retention basin of the STP project. Th ar in the contact was not a contractor error. is needs to be done. This drawings. The error could cost from as a discre fancy asked if the discrepancy can be referred to 5100- in Kornelis stated that he will contact ted back to WM-Hill. Williams Kornelis needs direction whether to o em for the exact story. will cost more for holding up the coy ahead or not. Wa was verified b tractor. The discepanc y the engineers and inspector. Y Walker stated that he does not likehis hand the contractor get another kind of rebarbean forced. Can . g • KENAI COUNCIL MEETING MINUTES August 71 1991 Page 24 MOTION: Councilman Smalley MOVED that the City attempt to correct the problem with a not -to -exceed amount of $5,000 and Keith Kornelis find out where the liability lies and see if a claim needs to be pursued. Councilman Measles SECONDED the motion. Swarner stated that she would like to see a report at Monday night's meeting. McComsey asked what if $5,000 does not cover the cost. Kornelis stated that he would come back to Council. Williams stated that this is an advisory situation. Kornelis can give a written report on Monday. Kornelis stated that the contractor believes it will be enough. The cost of stopping the contractor would be tremendous. Walker suggested to ask the contractor while costs would be more expensive. Perhaps he made a mistake in his purchase of material. Kornelis stated that he and Sill Nelson (the engineer) will do what is the best and cheapest for the City. VOTE: Williams: Yes Walker: Yes Monfbr: Yes Measles: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. 3. Kornelis is looking into a purchase of generator for the STP to handle power there due requirements. He will bring the information to next meeting. Swarner: Yes McComsey: Yes a power to Code Council at the 4. Kornelis reported that the Visitors and Cultural Center is ready to pour the concrete slab. The project is going along very well. 5. Kornelis reported that the Marathon Road project is ahead of schedule. 6. Kornelis reported that the Granite Pt. project is going well. 7. Kornelis reported that at Item I-6 in the packet is a report regarding the Congregate Housing Project. The last page suggests those items that need to be included on the agenda for • KENAI COUNCIL MEETING MINUTES AUguet 7, 1991 page 25 the special meeting. Purchase orders will be includedfor the relocation of a power pole and for service to the building. Costs of gas service, etc. should be addressed at t meeting. heespecial Kornelis introduced Mr. Lee Petersen of Gaston & A was in the audience. Williams apologized to Mr. Psssociates who there was no discussion regarding the project tonight. that Discussion will be held on Monda fight. came to investigate the potential Mr' Petersen stated that he responsive bid questionnaire.problem regarding the non- PetersenKornelis that this informality noadde that he stated to Project. p the award of the Williams stated that an award of the bid, etc. shouldibenbrou ht to n regarding the night. g to Council on Monday Councilwoman Swarner asked if all the street lights installed. Kornelis he last heard that HEA washave been fixtures for three poles. He will check on them. on m. Councilman Measles stated that the street light at t Pine and Maple is still leaning. Kornelis state at corner of d that reported it to HEA and will do so again. he had 1-7• Airport Manager 1,, Airport Manager Ernst reported that the a the long-term parking lot will begin on Au pay parking in reported that a Miss Elaine Pruitt, who believesitWiest also cheaper for her to drive to Anchorage, objects to 11 be reported that he has been advertising the aparkingit' Ernst Clarion, Times, and News and put out 200 fliers onvehicles in the the airport. The drop boxes are installed. He n vehicles at requests for pay parking yearlyhas had many has no objection to these requests, but diced that he Council. Ernst suggested a cost between $200_ 275. CO on from a yearly permit cost to be $250.00. $ 5• Council set Ernst added that signs have been placed in the to area. Also, signs will be placed in the short-termparking specifying that no parking will be allowed between parking oa.m area • 4:30 a.m. all year around. 3:00 a.m. and . KENAI COUNCIL MEETING MINUTES August 7, 1991 Page E6 Walker asked if there will be pay parking across the street. Ernst stated that lot will be closed. Ernst added that he will have the permit holders to park separately from the other long-- term parking patrons. Williams stated that he has discussions with a person who is interested in have a free enterprise pay parking lot. 2. Ernst reported that he submitted the grant documents for the acquisition of the Float plane Basin. Ernst added that the bid has gone out for a snow removal sweeper. This may have to be rebid. The City would like to use the higher bidder. 3. Ernst reported that he has submitted the paperwork to purchase a crash safety truck qs an alternative to the drainage and safety zone project which got tangled in an environmental assessment. Ernst received word today for a tentative approval of the $328,000 purchase of the truck. The City is not in jeopardy of losing carry-over funds. 4. Ernst reported that the FAA is putting pressure on his to resolve the problem with the gates and the moose getting on to. the airport area. Ernst suggested placing four electrical gates on the east side of the airport to resolve the problem. This would eliminate 30 other gates. The other gates should then be locked and the electrical gates used for entry to other areas. Ernst suggested placement of electrical gates to be at the North End Fire Entrance, Granite Point, Road by the Ballfields and possibly one at the tower. The estimated cost would be $80,000 for four gates, which would include the fence relocations, etc.. Ernst stated he is investigating a cantilever gate instead of a rolling gate. Ernst stated that the gates could be changed to key card or computer. Walker asked if it would be better to do punch button from the start. Ernst stated that there is problem with how to monitor •use. Ernst will do a report when more information is known. Ernst stated that he will have to have a public meeting with the FBO's. some will not like it. They are not used to single access. Ernst stated that there are 54 gates around the airport now. Measles stated that he sees no reason for all those gates and that the operators can use one gate. Ernst agreed. • • 0 0 KENAI COUNCIL MEETING MINUTES August 7, 1991 Page 27 J-1. Citiaens Stake Johnson - Spoke regarding the Congregate Housing bid and the discrepancy in Gaston's bid. There may be other discrepancies. Johnson suggested that a legal opinion may be needed. There were no questions from the Council. Keith Xornelis - Requested Council to determine whether the new sidewalks at the Memorial Park can be opened for purchase of memorial placement spots. At this time, Parks & Recreation desire to sell the remaining spaces In the area now in use. Kornelis is requesting this determination for Mr. & Mrs. Baldock. Councilman Smalley MOVED for the new sidewalk spaces to be available for sale and Councilwoman Monfor BECONDED the motion. Smalley asked if there is a policy that states this. Councilman Measles stated that Council discussed this when the request for new sidewalks came before them and made that determination at that time. VOTES There were no objections to the motion. 00 ORDERED. Jeff Mallette - Stated that he wanted to discuss the unlawful and illegal election going on. Mallette referred to KMC 6.10.010 regarding filing for office. Mallette read into the record KMC 6.10.010. Mallette read into the record the Charter section regardingresidency requirement. Mallette stated that he did not believe the nominating petition could be changed by the Clerk without Council approval. Mallette believes the election so far is null and void and it should start over. Williams stated that if Mallette had questions or complaints, they -should be put in writing and directed to the City Attorney. Mallette stated that he will be at an eat parte hearing in Anchorage Federal Court on Monday morning regarding this. RENAI COUNCIL MELTING MINUTES August 7, 1991 Page 2A J•20 Council Smalley stated he has received complaints regarding the lack of fencing at the school ballfields and the amount of dust flying when the wind blows. Smalley also stated that the Borough be contacted regarding the piles of contaminated soil behind the elementary school under tarps. It needs to be removed. Smalley also reported that the markers along the golf course have been knocked down. Smalley stated that Parks & Recreation should be given a beautification award for their planter boxes throughout the City. Smalley referred to the remarks made by Senator Fischer in that the State of Alaska does not always do with its budget like it 40 says it is going to. The Senator's comments should be taken with a grain of salt regarding how to distribute the funding. McComsey - Requested Bicentennial pins for awards at the Men's 110 League state tournament to be held in Kenai over the weekend. Clerk will issue some pins. Measles - No report. Monfor - No report. Warner - Reported that there is a sightseeing tour in town. walker - No report. The meeting adjourned at 11:00 p.m. Minutes transcribed by: Carol L. Freas, City Clerk (8/13/91) APPROVE-1) 0Y COUNC DATE CRY CLM