Loading...
HomeMy WebLinkAbout1991-10-30 Council Minutes - Special Meeting• A* 8. C. D. Be 0 AGENDA KENAI CITY COUNCIL - SPECIAL MEETING OCTOBER 30, 1991 • .i 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. PUBLIC REARINa8 i. Ordinance No. 1468-91 - Increasing Estimated Revenues and Appropriations by $70,000 in the General Fund for an Environmental Study and Relocation Costs Relating to Lots 10 Through 13, Block 1, CIIAP. 2. Resolution No. 91-47 - Adopting the City of Kenai, Alaska 1992-93 Capital Improvement Project (CIP) Priority List for Request for State Grants. NEW BUSINESS 1. Approval - Mutual Release/Lots 10 Through 13, Block 1, CIIAP/Grace Drilling. 2. Discueeion - Maintenance and operation Agreement/Bicentennial Building. ADMINISTRATION REPORTS 1. Mayor ;! 11 .i! i C7 0 XBNAI CITY COUNCIL SPECIAL XBBTINQ MINUTES OCTOBER 30, 1991 PAGE I 1CBnz CITY COVXCxL - OPECIAL jWNTINGI OCTOBER 30, 1991 MAYOR %TORT 4T. WXLLIAM, PREBIDING Mayor Williams called the me -sting to order at approximately 7:02 P.M. in the Council Chambers in the Kenai City Hall Building, A•1. PLEDOL 08 ALLgums The Pledge of Allegiance was recited. A-2. 0 ROLLCA�,,LL Roll was taken by the Deputy City Clerk. Present were: Walker, Swarner, Monfor, Measles, McComsey and Williams. Councilman Smalley arrived late. Mayor Williams requested the following changes to the agenda: ADDS Unapproved Minutes of Planning & Zoning Commission of October 23, 19911 for consideration of the commissioners, comments regarding the Capital Improvements --Projects List: ADDS. Purchase Order to Kenai Kings Inn for $2,379 - costs of 1991 Annual Conference of the Alaska Association of Harbormasters on 11/04/91. MOTIONS Councilman Smalls MOVED.for Y approval of the agenda as amended and requested MMIMOBB CONSENT. Councilman McComsey BNCONDED the motion. There were no objections. SO ORDERED.' • ZB11AI CITY COUNCIL 98XCIAL 1lE8'PZN6 MIIlOTSB OCT088R 30t 1991 arras z B. PUBLIC R1"Imse B-20 Ordinance No. 14618-9i - Increasing Estimated Revenues and Appropriations by $70,000 in the General Fund for an Environmental Sttudy.and Relocation Costs relating to Lots 10 through 13, H1ock 1, Cook Inlet Industrial Air Park, MO'1ZONI Councilman Measles MOVED for adoption of Ordinance No. 1468-91. Councilman MaComsey BLCONDRD the motion. PUBLIC COMMBRT- None. COUNCIL DIBCVBBION: Mayor Williams briefed the council on events related to the meeting of the Bond Committee to have taken place in Juneau on October 29th. Due to poor weather conditions, the Court System representatives were unable to arrive in Juneau in time for the meeting. Two new commissioners on the committee, Olds and Usara, were unfamiliar with bonding procedures and there was no one in attendance to answer their questions or alleviate their concerns. Consequently, the meeting was postponed until December 9, 19n. Mayor Williams conferred with Chris Benedicktson of the Court System. They are concerned about the time element, and the political environment due to ohenoeis in leadership in the legislature during the next election and the reapportionment. They are concerned that unless this project is underway by the end of this legislative session, that it may not come to pass. The Mayor urged the.council to "take the leap of faith". The only thing we'll lose is our $16,000/year lease income which goes into the airport fund; and'what we'll gain is the clearing out and cleaning up of that property to return it to an acceptable and usable state. The Mayor reminded council that:the Bond Committee is nota statutory authority over the'Court system. The Court System has statutory authority to;issue its bonds. Bringing this issue before the Bond Committee is a matter of courtesy. This project can be accomplished through other channels, • RENAL CITY COUNCIL SPECIAL MEETING MINITZS OCTOBER 30, 1991 PAGE 3 Charlie Brown added that Tom Boutin of the Dept. of Revenue was so certain that this matter would pass at the Bond Committee Meeting, that he had a motion drafted and ready. Everybody still thinks it is going to go. Councilwoman Moufor asked, are we preparing a place for Grace Drilling to move to? Mayor Williams responded, no, we arranged a meeting between Grace Drilling and Glen McCulium who has a five acre parcel already prepared, surveyed and platted, and it's an acceptable site. They are entering into a personal agreement and the City will have nothing to do with that agreement. Councilman Measles asked, regarding the relocation of Grace Drilling and the environmental assessment we're having done on that property - are we in anyway relieving them of any liability for contamination that night be found on the property? Attorney Graves answered, no, the mutual release at paragraph 5(C)(1) provides that the release shall not in any way abrogate the duties and responsibilities contained in paragraph 54 of the lease agreement. That paragraph sets out the environmental responsibilities and their liability for any hazardous waste that may be remaining on the site. Keith Rornelis advised that two estimates for the fence have been received. One was $16,000 from Frontier Fence, and $23,223 from Peninsula Fence. Our ordinance had an estimate of $200000 for the fence and the relocation equipment was estimated at $201000. Thus, the $40,000 provided in the ordinance. We have two proposals for environmental assessment - Phase I Environmental Audit: Wince, Corthell & Bryson $7,500; Ecology & Environment $6,000 to $8,000 plus expenses. If there are any problems or unanswered questions, then they would go on to Phase II of the assessment. The environmental work done on the Carr's property was close to $30,000 because it was continued through the audit stage. There will be a purchase order and recommendation in the next packet for the environmental portion. The other part,.the $40,000 is directly to Grace Drilling. Mayor Williams added that Grace Drilling has committed to turning over to us their 1988 environmental assessment records which showed the property to be clean and clear, as well as their 1991 environmental records and samplings. These will be turned over xM►= csTx ocTosas so. yAGB 4 COUNCIL SPSCIAL MEETINGS MYNUTEB 1991 engineer. g But, there will have to be another review to of our the new property once they're off. VOTE: Swarner Yes Monfor Yes Walker Yes Mccomsey Yes Smalley Yes Williams Yes Measles Yes Motion for adoption of ORDINANCE 1688-91 PABBED. Resolution No. 91-67 - Adopting the City of Kenai, 8-2s Improvement Project (Clp) Alaska 1991-92 Capital Priority List for Request for State Grants. royal of Resolution No. MOTION: Councilman SuallcComse BgCONDBD thepmotion. 91-67. Councilman M Y POHLIC COS: Yf�i•a lC�it6rs et et D e e On behalf of d the yeas in Subdivision owners, read a statement requesting a area. Mrs • VIP Subdivision, specifically the Set to Kester advised council of the different steps snd adminhe ha. istration bring this matter to the at of council and has enough over the past few months. Tform anhassessmen district, and the signatures on a petition to percentage of homeowner signatures, with nrequestiftoube re on what the paving required p assessment would even be. They placed on the CIP list. Bill .phi„ •i • et e r v Mr. Popp spoke in support equest of the VIP subdivision/set Net Drive erroad ud the councilde ro pa®t road presented by Mrs. Rester. He inform conditions of set Net Drive and the increase in sh rtautfby low used as a since VIP Road was paved. It's o Road to get back on K-Beach. people coming off of Cannery Loop greatly appreciated, but problems The upgrades done this year are foresee in a few years. Every neighbor he has spoir ken eir With are for paved and paying is in favor of the street being p share. Consideration of this project on the Capital Improvements Project List is requested. COUNCIL DISCUBBION: Councilwoman Monfor inquired if we have any money from grants left over to do this project. • ate►= caxY ocrosEs 30, HAas s U COUNCIL SPECIAL RESTING MINUTES 1991 Charlie Brown answered that there is little less than $100,000 in grant money for roads, maybe about $80,000. Councilwoman Monfor asked Keith Kornelis, how much money do we need? Keith Kornelis advised approximately $173,624 or $174,000 (rounded). Mayor Williams commented that he has been discussithecomm pion affairs with our legislaive representatives. ile wereasking for $4,500,000, Park water and sewer system numbers of that magnitude probably will not ba that aforthlo iing in one single piece. The discussion has been hold at it in a two-phase operation and putting someusurplus moniesbly in for the road development pasercne ofm. hThompsonate Park,pared hopefully be able to come up with ph there will be some money in the community road a�tigthaTheeiMayor substitute for Thompson Park water and sewer, p urged the council to maintain the A & B status of Thohave mpson Park water and sewer, if for no other reason n The Mayor assured one on the priority list the following year. the council and the community neighbors that we'Men o everything we can to promote some road money road the evelopment monies in that this time, none of the have been appropriated or assigned, or pool that we're suggesting in any way directed towards any specific project. Councilman smalley asked Keith Kornelis if the $174,000 is only for upgrading the gravel and not asphalt* is for drainage, excavation, back fill, seeding and driveways, and this is for in the city limits. Keith Rornelis replied it leveling, paving, topsoil, the Set Net Drive portion Councilwoman Monfor commented that has come forward stillwilling need all the roads that be some way we can take some at least begin to do whatever that this group is the only group to form an assessment district, of to be paved, and that there shouttd of that money who beeeft nextver and Spring. we need to o gin Bill Brighton commented you won't get the money in the Spring, September, perhaps. Mayor Williams commented that if the price rai iceis$175,000 and d'twe discount $23,000 for assessments ( g • RENAI CITY Cp11liCIL BPSCIAL !lBgTING $2NOT8B OCT088R 80s, 1991 8l►GE 6 leaves a balance of $152,000, and with a contingency built in, we have about $80,000. That means we only have to scratch up about MpO00 and the job can be done. Bill Brighton commented that in his opinion, without juggling all these numbers for the priority list, as opposed to listing a, single project like this, the council is on safe grounds if they want to promise these people that they will do this job, if they Will consent to a 13 percent assessment in that area, without putting any measurable economic bent on the city's finances, regardless of whether you get a dime from Juneau, or not. That's not to say that everybody else that comes in after they've been here, who ask for the same thing, he cannot give the same answer, but in this particular instance, the council could probably do this job without serious harm to their economics. Councilman Smalley commented that he is inclined to somewhat agree, because this group is willing to form an assessment district and have come to us necessarily obligated, but weware obligateith their d totlisten, The City isn't people from the community and look at their en to the project that is somewhat affordable, and he wouldssus� This is a the group wants to form an assessment district. He would -liket it tohear more from Charlie before we set the number specifically. Mayor Williams commented that if we lobby in favor of some funding for the pool as listed, there should be no problem in getting some funding and we could work some funds for this project through that pool. He strongly suggested that we leave the pool development figure as stated in the CIP -list . Councilman MaComaey commented that in the past the Legislature didn't consider lengthy lists, but it seems like we've been a little bit better. Hill Brighton added that we've reduced the number within the list, perhaps not the dollar figure, but the number, and that's what they appreciate. Councilman MaComsey feels the list should be left as it is.. He agrees that this group's road improvement request should be at the top on that road improvement list. 0 • • KENAI CITY COUNCIL SPECIAL MEETING MINUTES OCTOBER 30, 1991 PANE 7 Mayor Williams commented that the reality of capital projects in - the legislature is that once they agree to a basic amount of the capital budget, each district is assigned X number of dollars to split up. And then it's up to us to determine what we want to do with the share that we're going to split. And road, water and sewer have been the standard nomenclature of the legislatur0 for the dispersal of funds. Bill Brighton commented that at one time the council appropriated almost $500,000 and set it aside for the sole purpose of people who were willing to come in and pay an assessment to get their roads upgraded or paved. We didn't have anybody come in and we eventually spent that money in other areas. Mayor Williams asked Charlie Brown for a round figure of what potentially will be left in the capital improvements budget, once we've expended the necessary funds already committed? Charlie Brown responded that it's in the neighborhood of 1.5 million. Mayor Williams commented that once the legislative session is over, and if we haven't realized the success we anticipate, we can take.a look at the capital improvement budget. Mayor Williams thanked Mrs. Kester and Mr. Popp for bringing this matter to the council's attention. Councilwoman Bwarner inquired about Forest Drive, even though it was a state road, we had it on our list in the past. Has there — been any work done to get that on the Borough list? Keith Kornelis said that was one of the reasons why we were doing this CIP list this early, so that it could be sent over to the Borough. Councilwoman Bwarner asked, we're not going to identify the roads we're going to improve. Right? Mayor Williams commented that his position is, we're not going to spend a dime of this money on Forest Drive. Councilwoman 8warner asked, Are we pushing the Borough to have the school district have Forest Drive upgraded? RENAL CITY COUNCIL SPECIAL MEETING MINUTES OCTOBER 30p 1991 PAGE 8 Keith Rornelis replied, We're pushing the State. The DOT had a meeting about a month ago. They are working out a six,yeBr plan. We stated that we would maintain Forest Drive South if the State would upgrade it properly. They are looking to put money in:a special account for roads that municipalities are willing to take over once they are upgraded. Councilwoman Swaruer suggested to Keith Kornelis that this be put in a letter to the State with a copy to the school district. Councilman Walker asked administration if we have a copy of this Petition that has been discussed (Set Net Drive), Bill Brighton answered, No, we do not. Councilman Walker said all that the people need to do is bring that forward to the council and then we can address that Petition, , and have a chance to vote on it to either approve or not approve. Mayor Williams pointed out to council that at annual budget time, we generally always add a couple. hundred thousand into the capital improvement budget. Even if the capital improvement budget were depleted, there would be sufficient funds to do the Job, failing any monies from the legislature. Councilman Smalley referred council to the Planning & Zoning Minutes at page four, and advised that a couple -of the commissioners had some concerns about the economic development tourism portion - Item 2 on the Capital List. One of the questions was, is not in fact economic development and tourism one in the same. Is it not redundant to mention them both ire the same line. Smalley said yes. On items A, B & Cl the question came up - Since park improvements seem to be a change in priority, they asked about the boat ramp. Smalley mentioned to the P&Z commissioners that the City had not given this boat ramp concept up; that we were circling our wagons and redrafting, and that it may be a while before permits, etc. were issued. then asked why not take money from the boat ramp and put itupinto park improvements and raise it to one million dollars. Smalley replied that he's not too sure the City has a million dollars worth of park improvements. Mr. McGillivey had submitted some ideas and we got some ideas from Public Works. We saw'a rather extensive list of repairs that need to be done, but nothing in the neighborhood of a million dollars. O xEN►s csxx cooNcxr, sa$c=Az MEETING auras OCT088R 30v 1981 BARE 9 The other concern of the P a Z commissioners was the ice rink. Is the ice rink for the city a dead issue? Smalley advised it is probably still an issue with some citizens, but at this point in time this council is not willing to bond or spend money, or put it on a ballot unless there are citizenry that come forward and request we do so, by a petition. Their suggestion was that we look at item 2 and revamp those figures. Smalley added that he is personally satisfied with the way the figures are. Smalley deferred to Keith, since Kayo is not here, about putting additional money into parks. Bill Brighton commented that it appears this figure was just pulled out of the sky. The commissioner didn't identify what we would do with that million dollars. If he could identify a million dollars worth of repair and maintenance, then we ought to give it some consideration. But, without any further thought than this, it just appears that it's a waste of time dealing with this kind of situation. Mayon Williams advised council that there is another little pool of money put together through the state parks and recreation department. Somewhere in the neighborhood of a half million dollars, to continue the development of the viewing areas on the far side of the river - on the right hand side, which is the state's portion. We have the city's portion, the state then through a long involvement, has the second half of it. There will then be a third phase in which the city and state will cooperate to develop. It's that third phase in which lands will be traded, agreements will be made as to what will happen with regard to wetlands, and at that time it is anticipated that the boat ramp will become a very positive part of the third phase of development. This year hopefully we'll obtain that half million to do the second phase on the other side of the river. it definitely is not a dead item at this point, it's just kind of setting on the shelf. Councilman Smalley commented that he's sure they understood that too. It's just that he knew no time definite that things would go, because the political scene changes, and one person can basically make a lot of vote changes of people that are looking at our grant requests, permits, etc. 40 Mayor Williams commented, you can inscribe in my tomb stone "Down the ramp". RMAI CITY COUNCIL SPECIAL MEETING MINUTES OCTOBEiR 30 v 2991 PAGE 10 VOT28 Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes RESOLUTION NO. 91-67 PASSED. MAYOR: Councilman Smalley is excused from the rest of the meeting. ITEM C. subman C�1• Approval - Mutual Release re: Lots 10 through 130, Block 1, Cook Inlet Industrial Air Park Lease/Grace Drilling. DISCUSSION: 1 I5.�1 r Mayor Williams advised that he talked with Mr. Dunham of Grace Drilling, as well as members of the administration. A new site is prepared and ready for them to move onto. Everything is pretty well in line and we've had discussion this evening with regard.to the environmental assessment and continuing responsibilities of Grace Drilling, Councilman MaCon►eoy asked if they've read and agreed to this? Mayor Aiiliame said we faxed a copy of it to them - any reply? Attorney Graves said that Kim Howard faxed them a copy about a week ago and we havenIt heard anything back from them either negative or positive. Covtnoilmau XoComeap inquired, if we approve it this evening and they come back with something else, we're going to have to go back? Attornoy Qravos: Yes. Covtaailman Walker recommended that we put this item on hold or table it until such time as we do hear from them. He has no objection to it. The only other thing we might consider perhaps would be approving it unless they have something to bring back before us, Agai12 CITY ��IL OCT 08ER 300 1991 PA68 13 BByCIAL MLETINa MINUTES e a rove it and let them disapprove Williams recommended w it pit. What we're looking at here Mayor it if they have any problem wicture• is the weather p Illous D for approval and asked ectioCnsN e0 Counoilman Waix° 1mRRn�McComsey SZCONDED • No ob j CONSENT. Counci ORDBRED' operation Dieaussion -• Maintenance uiidinpg• C'Z• Bicentennia Agreement/ t this draft of the document is Bill grighton advised cbbnc input of additions or dale brought before them for 7 and 8 regarding regarding paragraph ncil held a discussion okin being allowed in gnio aCenter� Council es and sm 9 alcoholic beverages and Pat Porter, S Executive Director, to handle insurance for service e vices Sue Carter• paragraph 7 regarding Director mentioned diffe to strike alcohol- Council agreed of alcoholic beverages- ensation. It was so discussed it #10 regarding COmpbe aid by the Council al 50,000 is the annual am u ed ort to revoked upon 30 City, iedand that h t this agreement can be changed City, an either party• days notice by regarding possible extension Sue Carter addressed the r°andithe effective date ofthistake eu the contractor that this agreement requests by uesting are physically in the agreement. The Bureau is th personnel will be January 1, 1992 whether c t in November, p preparation of f eCt will be building. Advertising at to handle visitor servsation inuance starting January 1 . Worker's compensation costs for of exhibits and displaysfor 1992, as well as p premiums and advertising .must be paid in advance. of stationary, a uest for an extension e resented at the next council or Williams advised council that a re Ray the contractor may p time by d asked Keith Kornelis to comment. meeting an 1 that a memorandum with aCbgOrY°at on regarding contract Reath Rornelis advised he next' r has advised that he is. will be present tier because extensions- At this time the fromra different supp ill be exten and he w re -ordering metal door frame The door frames supplier went outs fo uuhissreason• the originaln of tim requesting an extension • 88NAI CITY OCTOB$k 30v FAGS 12 COUNCIL SPECIAL MEETING MINUTES 1991 would normally be installed prior to sheetrock, therefore the project will be held up. The consensus of council is that they are not interested in considering extension requests and that penalties would be applied. Charlie Brown's memorandum addresses the fiscal period and start- up date of this agreement and the payment of audit expenses. Sue Carter expressed the Bureau's concern about paying audit fees. The Bureau is willing to pay for half of a review. As an exempt non-profit corporation, they pay for preparation of .an IRS report, which would not be a sufficient report for the City. An additional $1,200 fee would be charged for a report acceptable to the City. Bill Brighton advised that administration recommends splitting the cost, with the Bureau's expense being limited to $600 annually for the review and the City paying the balance. Council agreed. The start-up date of January 1, 1992 is recommended by administration, with a pro-rata clause indicating payments will start January, 1992. Council agreed. Sue Carter further advised counsel that $15,000 worth of furnishings will be arriving, and UNOCAL is considering a $25,000 grant for the audio-visual room. Mr. LaShot has agreed to help the Bureau go out to bid for that equipment. C-3. Purchase Order to Kenai Kings Inn for $2,379 for costs of 1991 Annual Conference of the Alaska Association of Harbormasters on 11/04/91. Councilman MvComsey MOVED to authorize payment. Councilman Walker 033CONDED. No objections. SO ORDEREDe, D-1. Mayoras Report. Mayor Williams brought to council's attention the AML memorandum regarding the Nominating and Credentials Committee meeting on November 13th asking John Williams to serve on the committee. The mayor asked council if any of them would like to serve in his • xaNx: CITY ocrossR ao, PAGE 13 COUNCIL 88ECIAL MEETING MINUTES 1991 place on the AML Board of Directors and reminded council that his mayoral term expires in 1992. Councilman Walker reminded the mayor that council voted to put him on that committee. Councilwoman ewarner added that he was elected to the position and it is not a transferrable position. The mayor then mentioned the legislative committee nomination forms to be taken care of,. Councilwoman ewarner advised that she will be serving as a moderator. Councilman Walker advised that he will be serving his second year. COMMEIEMB a Mayor Williams mentioned the article in the Peninsula Clarion regarding Nathan Calahan's departure from the area and it is of interest to note that the case load of the City of Kenai tied for third highest in the state. 2,500 misdemeanors and 400 felony cases a year, indicating a tremendous court load, and again t pointing out the fact that everyone in the court system knows, understands, and wants the new court house. Councilwoman ewarner asked if we are meeting with our state representatives regarding the capital improvements list. Mayor Williams advised he has spoken with the current representatives about the list. Due to the upcoming reapportionment, we will have one representative and no known senator identified at this time. Kenai and Nikiski will be represented by one person. Our present senator will be representing another area. So, there is a question of who to talk to about future projects. The mayor also invited all council members and the public to attend the Kenai Peninsula Caucus luncheon at noon Friday, November 1st at Mr. D's to meet the guest speaker, Nancy Usara, the new administration commissioner and the Governor's right hand person. Ms. Usara is on the Bond Committee. There were no public comments. R. ADJOURNMENT. The meeting adjourned at 8:14 p.m.