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HomeMy WebLinkAbout1991-09-04 Council Minutes4, ♦ AGENDA KENAI CITY COUNCIL - REGULAR XZzTINQ ORPTMMER 4 j 1991 7800 V* X 11, 1=x CITY HALL A. SAIL' o MIR 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 stems 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. OCREDULIM PUBLIC C=W_ (10 Minutes) 1. Clarence Ladd - Smoking/Non-Smoking - Senior Center. c. PvsLsc nEARlxae 1. Ordinance No. 1437-91 - Increasing Estimated Revenues and Appropriations by $5,123 in the General Fund for Library Materials, 2. Ordinance No. 1458-91 - Increasing Estimated Revenues and Appropriations by $120,000 in the General Fund to Settle Litigation, 3. Ordinance No. 1459-93. - Amending KMC 14.20.180 Entitled, "Variance Permits." 4. Ordinance No. 1460-93L - Amending KMC 14.20.150 Entitled, "Conditional Uses." 5. Resolution No. 91-33 - Transferring $7,534.50 in the General Fund for Telephone Equipment Installation and Rental in the Public Safety Building. D. emmoxONic-OMMITTEE RBPORTB 1. Council on Aging 2. Airport Commission C7 -1- • • a. 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. '*Regular Meeting of August 21, 1991. 2. *Special Meeting of August 28, 1991. c • W-7774.L : 1. Hills to be Paid, Hills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1461-91 - Amending Kenai Municipal Code, Section 14.20.270(b)(4) Entitled, "Amendment Procedures." 4. *Ordinance No. 1462-91 - Amending Kenai Municipal Code Land Use Table, General Commercial (CG) Uses. 5. *Ordinance No. 1463-91 - Increasing Estimated Revenues and Appropriations by $3501,000 in a New Capital Project Fund Entitled, "Airport ARFF Vehicle." 6. *Ordinance No. 1464-91 - Amending the Official City of Kenai Zoning Map for Land Described as Government Lots 1, 21 3, and 4, Section 3, T5N, R11W, S.M., Alaska. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director -2- v• I* 0", 6. Public Works Director 7. Airport Manager V • 1 1. Citizens (five milnutes) 2, Council �� 2��OD�t�MDNT KENAI CITY COUNCIL REGULAR MEETING BEPTEMBER d.'T 1991 7a00 P.M., KENAI CITY NALL MAYOR JOHN J. WILLIAMB' PRESIDING Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Ball Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . Roll was taken by the City Clerk. Present were: Measles, McComsey, Smalley, Williams, Walker, Swarner, and Monfor. A-8. AGENDA, ARLBI M Mayor Williams requested the following changes to the agenda: ADD: N-7, Discussion - Preparation of a resolution accepting the maintenance of Forest Drive, Redoubt Avenue, Beaver Loop and Wildwood Drive from the Department of Transportation. N-S,► Approval - Change Orders - Kenai Bicentennial & Visitor Center, Info Item No. 8 - Pay Estimate No, 3 to Zubeck, Inc. for Marathon Road - 1991 Improvements. MOTION: Councilman Smalley MOVED for approval of the amended agenda and Councilwoman Monfor SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 1 MOTION1 Councilman Smalley MOVED for approval of the Consent Agenda as presented and requested UNANIMOUS CONSENT. There were no objections. BO ORDERED; 0 s • • KENAI CITY COUNCIL MEETING MINUTES 8ept0mber 4, 1991 Page 2 XTNKB I BCHIPAND , PDBLXC CO R= 8-10 Clarence Ladd - Smoking/Non-smoking - senior Center. Was not in attendance. C-1. Ordinance No. 1457-91 - Increasing Estimated Revenues and Appropriations by $5,123 in the General Fund for Library Materials. MOTION: Councilwoman Monfor MOVED for approval of Ordinance No. 1457-91 and Councilwoman Swarner SECONDED the motion. There were no public or Council comments. VOTE: Measles: Yes McComsey: Yes Smalley: Yee Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. 0-2, Ordinance No. 1458-91 - Increasing Estimated Revenues and Appropriations by $120,000 in the General Fund to Settle Litigation. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1458-91 and Councilwoman Monfor SECONDED the motion. There were no public or Council comments. VOTE: Measles: Yes Williams: Yes Monfor: Yes McComsey: Yes Walker: Yes MOTION PASSED UNANIMOUSLY. Smalley: Yes Swarner: Yes • • KENAI CITY COUNCIL MEETING MINUTE8 er 4 septetab • 1991 Page 3 C-3. Ordinance No. 1459-91 - Amending KMC 14.20.180 Entitled, "Variance Permits." MOTIONS Councilman McComsey MOVED for adoption of Ordinance No. 1459-91 and Councilman Smalley SECONDED the motion. There were public or Council comments. 0 VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes MOTION PASSED ONANIMOUSLY. C-49 Ordinance No. 1460-92 - Amending KMC 14.20.150 Entitled, "Conditional Uses-" MOTIONS Councilman Smalley Ma for adoption of Ordinance No. 1460-91 and Councilman McComsey 88CONDED the motion. There were no public or Council comments. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Yee Walker: Yes Swarner: Yes Monf or : Yes MOTION PASSED UNANIMOUSLY. C-s. Resolution No. 91-55 - Transferring $7,534.50 in the General Fund for Telephone Equipment Installation and Rental in the Public Safety Building. NOTIONS Councilman Smalley MOVED for approval of Resolution No. 91-55 and Councilman McComsey SECONDED the motion., There were no public comments. . KENAI CITY COUNCIL MEETING MINVTEB 8eptGMber 4, 1991 Page 4 Councilman Walker asked Chief Ross for a more detailed need of the system. Ross explained that the two consoles now in place are obsolete. They are approximately 10-12 years old. The Police Department was nerved a written notice in June that parts can no longer be obtained for the consoles and the maintenance would end. The main console now drops calls and calls on the back-up console are hard to hear due to crackling sounds. There are no systems that can work with the telephones in the building. McComsey asked if the item should be bid. Ross stated no. They have determined that it will be better for the City to rent. VOTE: Councilman McComsey requested UMIMOVB CONgEyT. Williams asked if the system was included in the budget. Ross answered no. As long as a maintenance agreement was available, they did not plan to replace the system. Williams asked if the could get by with this system until next fiscal year. Answer was no. VOTE, CONTINUED: There were no objections to the request for UNANINOVB CONBzNT, 00 ORDERED. IT,MM D= 2OMMI88ION190MMI1TTED RBPORTB D-1. Council on Aging Councilwoman Swarner stated that been suggested for the Congregat requested to consider this name. project will come before Council meeting will be held next week. D-a. Airport Commission the name "vintage Pointe" has e Housing project. Council.was. The question of the name -of the again. The next scheduled There was no meeting since the last Council Meeting. There will not be a September meeting. The next meeting will be in the second week of October. KENAI CITY COUNCIL MEETING MINUTES September 4, 1991 page 5 D-3. Harbor commission Councilman Walker reported that Harbormasters fConference-is or one more member. progressing. The Harbor Commission has n D-4. Library Commission Councilwoman Monfor reported that therewasno meeting. The Library Calendar is included in the pack D-5* parks i Reoreation Commission Director McGillivray stated that the minutes meeting last meeting areornTuesda incept mberel4, 1991- scheduled f Y D-6. planninq 5 Zoning Commission Councilman Smalley reported there was a meeting held August 28, 1991. An action age nda was included in the packet indicating actions taken. There is a request for jonnforo k session mber iif the Council and Planning f theZoning Comprehensive Plan. Due to 1991 to complete rev conflicting schedules, Council set the wort rsessithe on for September 25 from 8:00 - 10:00 p.m. (immediately of on meeting). D-7, Misoellaneous Commissions and CONUittees Mayor Williams requested a work session for Monday, September 9, 1991 to discuss the CarrIs Mall. Williams stated that Carr's requested the work session. Proposed costs are to be presented to Council to review and decide whether the proposed ice .ink should be presented to the citizens at aspecial Williams suggested that if the proposed costs are acceptable to Council, that a Town Hall Meeting behe �entntoctober primaryrusers.of Approximately 75-100 letters should b the ice rink requesting them to attend the meeting. Williams available for suggested further that at the meeting, petitions these citizens to take with them and seek ballotsignatures have aespecial est the Council to place this question on election, perhaps in February. 0 XW,t CITY COUNCIL MEETXNO MIMTEs eep tember 4, 1991 page 6 s stated that the petition should include one question --- William should be done and should it be funded with a how the remodeling one percent sales tax increase? The sales tax This way the responsibility is with the citizins. major increase is a way the project can be funded disruption to the finances of the City. A work session to discuss the old Kenai Mail ail as set trfor September 9, 1991 at 7s00 p.m. in the Co � - IL wi E-1. Regular Meeting of August 2I, 1991. Approved by Consent Agenda. 40 2-2. Special Meeting of August 28, 1991. Approved by Consent Agenda. None. None. NE1/ SUOINEBB 8 ..1* Bills to be Paid, Sills to be Ratified MOTIONS Councilman Smalley MOVED to pay the bills and Cou�ailman D:sles Court SECONDED the motion. There were no objections. 0 • • KENAI CITY COUNCIL MEETINGS MINUTES September 4, 1991 Page 7 8-2. Purchase Orders Exceeding $10000 MOTION: Councilwoman Monfor MOVED to pay the purchase or $1,000. MOTION TO AMEND: Councilwoman Monfor MOVED to amend H-2, deleting the payment to the Resource Development Council for membership dues. Councilwoman Swarner SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. Walker and McComsey objected to the request for unanimous consent. Walker stated that RDC does their job. Williams stated the RDC has been very active in the ANWR question and without proper funding, they cannot continue. Monfor and Swarner stated that they felt the RDC was lacking in putting out information, etc. Monfor added that she sees no benefit to the City and that the City should not be spending taxpayer money on it. Smalley stated that the RDC has been active in the wetlands issue. Williams stated that he feels the City should continue to pay the dues. The RDC has been active in the wetlands issue. Williams is planning on bringing another proposal to Council regarding the boat ramp. He is waiting new Corps of Engineer rules. Williams suggested that someone represent the City at the RDC meetings. Monfor reminded Council that not all citizens of Kenai are pro - development and supports ANWR. Council needs to look at the overall picture. Williams suggested encouraging the RDC director to speak at a Chamber of Commerce luncheon. VOTE ON AMENDMENT: Measles: No McComsey: No Smalley: No Williams: No Walker: No Swarner: Yes Monfor: Yes MOTION FAILED. KSNAI CITY COUNCIL MEETING MINUTES eeptember 4, 1991 Page a VOTE ON MAIM MOTIONS Councilwoman Monfor requested VXhNXXOUS CONSENT. Councilwoman Swarner objected. Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: No Monfor: Yes MOTION PASSED. R-3. Ordinance No. 1461-91 - Amending Kenai Municipal Code, Section 14.20.270(b)(4) Entitled, "Amendment Procedures." Approved by Consent Agenda. Y' Ordinance No. 1462-91 - Amending Kenai Municipal Code Land Use Table, General Commercial (CG) Uses. Approved by Consent Agenda. H-5. Ordinance No. 1463-91 - Increasing Estimated Revenues and Appropriations by $350,.000 in a New Capital. Project Fund Entitled, "Airport ARFF Vehicle." Approved by Consent Agenda. N-6. Ordinance No. 1464-91 - Amending the Official City of Kenai Zoning Map for Land Described as Government Lots. 1, 21 3, and 4, Section 31 T5N, R11W, S.M., Alaska. Approved by Consent Agenda. g-7. Discussion - Preparation of a Resolution Accepting the Maintenance of Forest Drive, Redoubt Avenue, Beaver Loop and Wildwood Drive from the Department of Transportation. Williams stated that he and City Manager Brighton,and Public Works Director Kornelis attended a meeting with the Department of Transportation to discuss Capital Improvement Projects. DOT requested that the City accept the maintenance for Forest Drive, Redoubt Avenue, Beaver Loop and Wildwood Drive. DOT requested a • 0 • RENAL CITY September page 9 CoONCIL MEETING HIMTES 41 1991 resolution from the Council stating their agreement to the proposal. Williams stated that he did not believe Council would agree unless Forest Drive is upgraded to No ition Williams stated that he did not believe the City would consider taking over Beaver Loop.Algol fssthe mainood userrive would of the road. ed to be upgraded since the p Brighton stated that Forest Drive has been dropped from the upgrading schedule altogether. Walker stated he sees no benefit to the City to take over the resheng��feettunlessrthere is ed that the State may not upgrade pressure from the City. Williams noted that the DO'sbudget is getting smaller. The Governor has used approximately $20o for building of the Cordova Road. Williams does not believe the DOT will have much money. Brighton suggested the State may turn over the roads to the City without the City's acceptance. Kornelis statedthat ForethestaDrive and Redoubt had been the Casynotresponsibility �euntil etc..was not te upgraded them. The work w removed) and the City did not accept the work. The maintenance of the road then went to the State. Smalley stated that it would be better to have it upgraded prior to accepting responsibility. Smalley is concerned ofitdd takiTonal over Beaver Loop as there would be a large plowing for the City. Williams suggested Brighton write a letter to DOT including the information regarding the upgrade schedule, etc. and state that when the Forest Drive is upgraded to No. I condition, the City may accept the responsibility of the maintenance of that road. Discuss Forest Drive and Redoubt only. Monfor suggested letters be sent to the sch000l District and the Borough as Forest Drive receives much Of buses. Request the School District andthe Borough o outhe lack write road letters to the State regarding their concerns on maintenance. • RENAI CITY COUNCIL MEETING MINVTES September 4, 1991 Page 10 0 Z-86 Approval - Change Orders/Kenai Bicentennial & Visitor Center. The September 4, 1991 Bill Kluge letter with the attached change orders was distributed to Council prior to the meeting. The letter stated that the T-111 siding specified for the building is no longer available in twelve -foot lengths. Kluge recommended upgrading and using continuous 1 x 6 vertical cedar siding. The contractor has agreed to omit his overhead and bonding costs from the price of the material. Brighton explained the change order for the additional concrete sidewalk. Brighton stated that there was some controversy over the flag pole and where people were going to park at the Chamber and the street cut given by Bookey. Discussions followed in which it was decided the ideal situation would be to not park on the gravel in front of the Chamber, but remove the gravel and seed it. Allow visitors to the Chamber to park in the parking lot of the Visitors Center and add a sidewalk between the parking lot and the Chamber. It was determined there were sufficient funds to allow the work. Brighton added that neither the contractor nor architect were much involved in these discussions. The request came from the Chamber. MOTION: Councilman Smalley MOVED for approval in the amount of $1,691 and $3,940 for & Associates. Councilman Measles BEC0 were no objections. s0 ORDERED. MOTION: of the Change Order items a total of $6,531 to Kluge LADED the motion. There Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Finance Director Brown, City Manager Brighton, and City Attorney Graves were requested to be present. Councilman McComsey SECONDED the motion. There were no objections. 00 ORDERED. EXECUTIVE SESSION BEGAN: 8:00 P.M. BACK TO ORDER: 8:23 p.m. • C� RENAI CITY September Page 11 COUNCIL MEETING MINUTES 4, 1991 Councilman Measles reported that during the executive Council discussed a legal matter of litigation pending Woods Subdivision. After the discussion, Council gave to Administration as to the next step to take. t-1. Mayor Williams reminded Council of the ground breaking Fire Training school scheduled for September 5, A reception will follow at Pizza Paradisos. Williams requested Vice Mayor Measles to preside Council Meeting of September 18, 1991 as he will D.C. discussing the Cold Water Recovery School. I-2, City Manager session the on inlet direction ceremony for the 1991 at 2:00 p.m* during the be Washington, Brighton requested a scheduled time for the Council to walk through the Forest Drive Park in order to give Administration direction of what Council desires. Kornelis stated that most of the big trees are out. He will have a lodder in to remove the brush and then a dozer to remove the stumps. Walker stated that perhaps Council has already walked through themselves and that they could just direct Brighton to direct Kornelis to finish as scheduled. Brighton stated that they would prefer Council give direction. A walk-through was scheduled for Monday, September 9, 1991 at 4:00 p.m. Councilmembers Smalley, Swarner and perhaps Walker will be attending. Smalley asked Council if there were any objections to the Council attending the walk-through to direct Kornelis to continue with the work if that is what they feel would be appropriate. Answer: Yes. Kornelis stated that they will remove the beetle killed trees along the street also. 1-3. Attorney No report. . KWMI CITY COUNCIL NESTING MINUTES September 4, 1991 Page 12 I-4. City Clerk Clerk requested Council to forward information to her regarding attendance to the AML Conference in November. I-5. Finance Director No report. I-6. Public Works Director Kornelis reported: I. He discussed the addition of the windows to the Congregate Housing with the Architect. The architect has agreed to the price of $18,000. $5,000 will be for the cost.cf the windows. 2. Referred to Information Item No. 4. The item is a letter from Kornelis to Kluge regarding the replacement of the carpet pad and carpet at the Senior Center. Kluge's response letter was attached. Discussion followed. Williams noted that Kluge's letter did not state whether or not he expressed dissatisfaction of the City during the Final Inspection. Kornelis stated that he recalls pointing out the creases in the carpet to Kluge. Kluge told him that the contractor explained that the creases were from the carpet being rolled up. Kluge agreed with the contractor that it was an acceptable explanation for the different thicknesses. It was brought to Kornelis' attention that the carpet was bad when the manufacturer was in town. They examined the carpet and found the problem. Kornelis added that the architect's contract states that he is responsible for the work to be done properly. Also, the subcontractor has gone out of business. The subcontractor's bond is available. It will cost approximately $20,000 to replace the pad and the carpet. Swarner asked if there is anything written on inspection forms that the architect voiced a concern regarding the creases. Kornelis stated that he remembers that he pointed it out to the architect.. Kornelis asked the architect to ask the contractor. He was told by the contractor that it was the way it was rolled. • KBNAI CITY CO=CIL IgBZTINQ September 4, 1991 MINOTEB Page 13 Kornelis stated that the City will have to Construction to replace the whole carpet, then G&SnConsts would apply for the subaontractor�s bonding. The CC �truction agreement is with GCS Construction, not the subcontractor. The consensus of Council was to fix the carpet, whatever it takes. Kornelis asked if Council wants to replace the forget about Kluge. Kluge will want to be carpet and $600. Brighton stated he thought it strangeao hireoximately and let him off the hook. Smalley stated he felt Klusetsjobais not completed. Measles stated that his perso»al feeling s job is if Kluge wants to work with the City again, he betteri is that carpet. The City can take him off the work list. Brighton fix stated the City paid Kluge to protect the interest of and he has not done this. he City Kornelis stated he feels comfortable with the contract. u stated he wants the carpet replaced and the work don Walker Williams suggested they clarify the message for Kluge, Measles stated that the Council wants the carpet taken out and by the general contractor and Kluge to inspect the work replaced further charge to the City. k at no 3. Kornelis explained that gravel was placed in a cul-de - sac on Sterling Court as a measure to improve drainage of the area. 1-7• Airport Manager No report. Council thanked Airport Manager for the en 1 report and the Long -Term Pay Parking Report distributed arfoent the meeting. prior to J-i. Citizens 8tevea Peloza - Overland Street, Kenai. Peloza re est follow-up report regarding the speeding of vehicles es ed a in front of his shop in Old Town. peloza stated t the road asked Planning & Zoning to place signs approximately had ago. He has telephoned Kornelis, but Kornelis di n x turn calls. Peloza added that he gets co d not return his g complaints from tourists daily. 0 RE MI CITY COUNCIL MEETING MINUTES September 4, 1991 Page 14 Smalley stated that he brought Peloza's request to the City Manager. Smalley added that at the time of the P&Z meeting, he stated to Peloza that the property is private and the City does not maintain it. There is no maintenance agreement with the owners of the property. The City is now trying to negotiate an agreement with the Church. Peloza requested citations be issued to speeders. Chief Ross stated that the officers cannot issue citations for speeding on the road because it is private property. If a vehicle is driven in a reckless manner, then they can issue a citation. His department has investigated the speeding question. The Police Department has a different idea of speeding than Peloza. Peloza requested that use a radar gun. Ross stated that it does not warrant it. Peloza requested assigning an officer. Ross stated it is private property. Ross added that he and his officers have been there several fstimes. Peloza stated a three-wheeler was stopped and cited. Ross stated the citation was issued for off -road vehicle use in the City. Williams stated that the City would be trespassing if it patrolled that area. Smalley suggested residents of the area contact the Church Bishop and ask for signs to be placed. J-2 . Counoii Walker - Nothing. Swarner - Upset to pay the RDC. The dues would pay for an additional employee in the budget. Williams stated employees are more expensive. Monfor - Long-term parking was raised to $5.00 per day in Anchorage. a Measles - Nothing. MoComsey - Lights need to be replaced above the dais. Smalley - Nothing. r� MAX CITY COUNCIL M$PTINQ jffNy T$s September 4, 1991 Page: 15 ZZOLU Aota� The meeting adjourned at 8:58 p.m, Minutes transcribed by: dj,4�- sro. Atro , ° Carol L. Fr as, C ty�Cerk (9110/91) AF'PROVED BY CCUNpL OATI Oy CIEAK ry