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HomeMy WebLinkAbout1991-11-20 Council MinutesAGENDA "NAI CITY COUNCIL - REGULAR MEETING XOVEMBER 20, i99i A. BALL TO ORDBg 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, B. EDULE P 111 - GOVIN (10 Minutes) 1• . Tom Luny - Alaska Mapping Systems. C eLIC TI• Hiu�n 1 1. Ordinance NO, 1470-91 - Increasing Estimated Revenues and Appropriations by $51,700 in the General Fund for Maintenance and Operation of the Kenai Bicentennial Visitors and Cultural Center, 2. Ordinance No. 1472-91 - Increasing Estimated Revenues and Appropriations by $1551000 in the General Fund for Schematic Design and Design Development of a New Court Facility, 3. Resolution No. 91-72 - Awarding the Bid for an Airport Sweeper to Yukon Equipment, Inc. for a Total Amount of $101,981.00. 4. Resolution No, 91-73 - Appointing Patricia Porter as the Primary Member in Charge of Gaming for the Kenai Senior Center. 5. Resolution No. 91-74 - Transferring and Sewer Fund for Lift Station Pupe5'0o0 in the Water 6. Resolution No. 91-78 - Approving Exception Pursuant to KM14,10.090Vfor Riede ariation and Subdivision. del --1- it • 7. *1991 Liquor License Renewal - Peninsula Moose Lodge #1942/Club. 8. *1991 Games of Chance and Contests of Skill Permit Application - international Association of Personnel in Employment Security (=APES)/Alaska Chapter. 9. *1992 Games of Chance and Contests of Skill Permit Application - City of Kenai. 10. *1992 dames of Chance and Contests of skill Permit Application - American Legion Auxiliary Unit 020. 11. *1992 Games of Chance and Contests of skill Permit Application - 40/8 Voiture Locale 01539. 12. *1992 Games of Chance and Contests of skill Permit Application - Kenai Bicentennial Visitors & Convention Bureau, Inc. 13. *1992 Games of Chance and Contests of Skill Permit Application - Peninsula oilers Baseball Club, Inc. 14. *1992 Games of Chance and Contests of Skill Permit Application - Women's Resource & Crisis Center. 15. *1992 dames of Chance and Contests of Skill Permit Application - American Legion Post 20. 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 8. UMMES Committees 1. *Special Meeting of October 30, 1991. 2. *Regular Meeting of November 6, 1991. -2- A 0 • 1. Bill Kluge - Review of Council Action of 11/6/91 Meeting Regarding Change Order No. 4/Kenai Bicentennial Visitors & Cultural Center. g. XM BII6INA120 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Disoussion/Approval - Maintenance and Operation Agreement - Kenai Bicentennial Visitors and Convention Bureau, Inc. 4. Approval - City of Kenai 1992-93 Capital Improvement Projects Brochure. 5. Discussion/Approval - Orca Gifts Lease Amendment. 6. Approval - Change Order No. 5/Kenai Sewer Treatment Plant - G & S Construction. 7. Approval - Change Order No. 2/Kenai Congregate Housing - Gaston & Associates, Inc. I. ADM NIBTRATION R PE ORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council � • �L.i a!x � ,Y -3- • KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1991 KENAI CITY HALL MAYOR JOHN J. WILLIAM8, 8RB8IDING Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. BLEDGB OF ALLEGINICS Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Smalley, Walker, Swarner, Monfor, Measles, McComsey, and Williams. Absent: None. A-5. Mayor Williams requested the following changes to the agenda: ADD: 9-1, Additional Information regarding Alaska Mapping (a Systems. C-2, 10/8/91 Revised fee letter from McCool, Carlson, Green regarding proposed court house project. C-6, SUBSTITUTE Resolution No. 91-75 {adding provision on the plat that the City will not provide maintenance on the road in the new ROW until the road (K-Street) is properly upgraded, at no cost to the City, and meeting City of Kenai road specifications.} DELETE: H-7, KK requests deletion from the agenda and postponement until the architect can be present to discuss and answer questions. MOTIONS Councilman Smalley MOVED for approval of the regular agenda as amended and Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. A-6. Councilwoman Monfor requested the following corrections to the minutes of the November 6, 1991 Council Meeting as follows: - - - H 5. Discussion Change Order No. 4 G&S Construction/Bicentennial Building. • RENAL CITY COUNCIL MEETING MINUTES NOVEMBER 208 1991 PAGE 2 Change Order No. 4 the addition of a display shelf support as detailed in drawings attached to the change order and one day added to the completion date for the work. City Engineer LaShot stated that the change order provides an alternate means of support of a display shelf. [IT WAS FOUND THAT THE DESIGN WAS IN ERROR.] Duct work needing to be installed, went through the area where the XL%inal shelf s_qp ort was to be placed. 's was unforeseen at the the same shelf, but an alternate sum LaShot added that it is support system for it. Councilman Walker stated that it sounds like an engineering error and would not support the change order. Monfor stated that she could agree to the shelf AWgILort , but not a day or half day added to the contract to place it. LaShot suggested that all time extensions be held and considered all at once after completion of the project. MOTION: Councilwoman Monfor MOVED to amend the minutes of the November 1991 Council Meeting at H-5 by deleting 1vIt was found that the design was in error.' Also to add words to the third sentence read "-original, shelf DDpJ20=" and add the sentence "This was unforeseen at the time of the design." The second paragraph change to add the word "support$' to the second sentence. Councilwoman Monfor asked for UNANIMOUS CONBENT. There were no objections. 80 ORDERED. 6, to There were no more changes to the consent agenda. Mayor Williams proceeded. E SCHEDULED PUBL*C CMEMT Tom Lugay - Alaska Mapping Systems. Mr. Luzny introduced himself as the owner of Alaska Mapping Systems. A copy of an updated Kenai, Alaska City Atlas and proposal were included in the packet. Luzny referred to his proposal for the City to purchase 150 copies of the update and a limited copyright for the 1.991 City of Kenai Area Atlas for the sum of $9,500.00. Luzny stated that with 150 copies, the City can use what they need and sell the others at face value. Luzny stated that he published the Atlas for 911 use. Luzny added that he has broadened the range of the Atlas for emergency service and other information. The copyright will give the City the right to I 10ENAI CITY COUNCYL MEETING MINtiTES NOVEMBER 20, 1991 PAGE 3 copy or amend the Atlas. Luzny stated he will be out of the state for two years. Luzny stated the Borough has copyright to have the chance to make changes and sell. Ifethehe copyright is not purchased, the City will have to request an copies, etc. from the publisher. y Luzny stated that the cost of the book reflects his exact costs. Luzny suggested that the Visitors Bureau may want to use them for giveaways or to be sold and that they may bring people into the area. Luzny stated that he can produce letters of recommendation, etc. if Council requests. The copyright has been mailed and secured at this time. Williams stated that the primary question to Council is whether they want to purchase the booklet. Swarner stated that there is an inaccuracy on Page 317. Luzny stated he used government information to make the maps. Swarner stated that she did no want to spend City money't he got the spend on inaccurate information. Luzny stated information from Borough base maps. y ated Luzny stated that he spoke to Council regarding the first Publication of the book in 1985. After he the City changed some street names, making tdhelbookouteof dbooat Luzny stated he spent $2,000 in attorneys fees. This time, e. Luzny stated, he produced the book at his own expense. He used whatever information that was available. lost money with the first Luzny stated that he Luzny added that the City publication coat s sold to the City. people. Luzny lost that sales money. pies to unidentified Brighton recalled that in 1985 the City use by the fire, police, animal control publiworks purchased 25-30 books for City departments. At the time of the purchase, it wasand believed that copies could be sold because the City bought more than what was needed. Brighton asked Luzny if the Borough purchased the copyright this time. Luzny stated the Borough bought the copyright to those areas atlases for outside the cities. The City of Kenai copyright is separate. Brighton suggested to Council that a certain number of the book be bought, but not the copyright. Luzny added that in 1985 a s friend reported to him that someone at the City of Kenai Fire Department was copying the atlas and repaginated the book. 0 KENAI CITY COUNCIL MEETING MINUTEs NOVEMBER 20, 1991 PAGE 4 Brighton stated that he understood Luzny to say that if the City does not purchase the 150 atlases and copyright, Luzny will not sell any of the booklets. Luzny stated that he will sell without the copyright and whatever amount of the books as the City wants. Measles stated that many of the maps in the booklet are hard to read due to the color combination. The pages in his booklet were numbered out of order. Luzny stated that could be, that he did not check them. He apologized for the errors. Luzny stated that the copies the City receives will be checked. Kornelis, when asked, stated that most of the roads in the City are in the 1985 Atlas and that a new one will not be that beneficial to him. The Public Works Department has large maps that show all the streets in the City. Kornelis stated that the index is very good and useable. Fire Marshall Morgan stated that all their vehicles have the atlas in them and are helpful. Swarner asked Luzny if his taxes are current. Luzny stated that he is not current in sales tax. He will be tomorrow. He did not know about property taxes. Williams asked Council if they wanted to purchase any atlases and how many and whether they want to purchase the copyright. Smalley stated that the Comprehensive Plan is now close to completion. Smalley was concerned that the maps used in the Plan were out of the Atlas which was copyrighted. Kornelis stated that the maps in the Comprehensive Plan are from Borough maps and they are public domain. Kornelis stated that the maps in the 1985 Atlas were hand -drawn and not Borough maps. Luzny stated that the Borough maps are public domain and the City was not in violation. Brighton asked how the maps now become saleable and not public domain, if the maps used in the Atlas are the Borough's and are public domain. Williams stated that the compilation of the maps allows it to be copyrighted. Williams again asked Council if the City needs the Atlas, if Council wanted to purchase the Atlas, if so how many and do they want to purchase the copyright also.Luzny stated that the controlling of the copying is the main question. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 201 1991 PAGE 5 MOTION: Councilman Walker MOVED to purchase 50 copies of the book and not consider the purchase of the copyright. Councilman Smalley SECONDED the motion. Walker stated that when he buys a book, he does not consider buying the copyright. Walker added that if Administration needs copies of a map, they can go to the Borough to get a copy. Walker does not see the need to make copies of the book. Swarner stated she strongly objected to purchasing the books if Luzny owes sales and property taxes. MOTION TO AMEND MAIN MOTION: Councilman Smalley MOVED to amend the motion and make the purchase of the books contingent upon Luzny being current on property and sales taxes. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED, VOTE ON AMENDED MAIN MOTIONS Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: No MOTION PASSED. Williams stated that the City will purchase 50 copies without the copyright. However, Luzny has the prerogative to not sell to the City. Luzny stated that he "probably won't." IT-=--PURMC RRMINea C-1. Ordinance No. 1470-91 - Increasing Estimated Revenues and Appropriation by $51,700 in the General Fund for Maintenance and Operation of the Kenai Bicentennial Visitors and Cultural Center. MOTION: • Councilman McComsey MOVED for approval of Ordinance No. 1470-91 and Councilman Smalley SECONDED the motion. • KENAI CITY COUNCIL MEETII:G MINUTES NOVEMBER 20, 1991 PAGE 6 There was no public comment. Walker asked when the money would be disbursed. Answer: January 1, 1992. Smalley stated his concern that the facility will not be in use until March. Williams stated that the Center will require its funding even if they are not in the building until March. Measles asked if there is a conflict in the second and third whereas statements regarding the start of the fiscal year and "beginning January 1.�� Williams stated that their fiscal year begins July 1 as the City's does. This amount is half the budget because it is one- half of the year. More discussion followed regarding the agreement. Finance Director Brown stated that the Bureau will operate the functions of the building and the City will maintain the building (HEA, Enstar, etc.) VOTES Monfor: Yes Smalley: Yes Swarner: Yes Measles: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. McComsey: Yes Walker: Yes Williams stated that at the AML conference there was much discussion regarding tourism and bed taxes. It was anticipated that costs to operate the building would be from a bed tax. There are fourteen communities in Alaska that have a bed tax. Williams requested Council to keep this in mind. C-2. Ordinanc* NO. 1472-91 - Increasing Estimated Revenues and Appropriations by $1551,000 in the General Fund for Schematic Design and Design Development of a New Court Facility, MOTION: Councilman Smalley MOVED for approval of Ordinance No. 1472-91 and Councilman McComsey SECONDED the motion. There was no public comment. Williams stated that he will accompany Navarre and'Snowden to Juneau to speak to the bond council regarding the development of a new court facility in Kenai. Brown stated that the amount in the ordinance refers to the first two of five phases for the project. Brighton added that the Court representatives, Bond representatives, and others believe • ICBlIAI CITY COUNCIL 1l88TIa16 liINOT88 tI0V8!l88R 20v 1991 PAGE 7 0- 0 that the total price quoted by the architect is too much money. Williams stated that the ordinance does not name an architect or date when the project would begin. Williams added that the intention of passing the ordinance at this time is to save two to three weeks time later when it is time to hire an architect. Williams stated that before expending any funds, he will see that the architect, public works, etc. will be in touch with the cost. There are no agreements being entered into at this time. Williams stated that they will be careful. VOTE: Monfor: Yea Smalley: Yes Swarner: Yes Measles: Yes Williams: Yes MOTION PABSED U3IANIMOQBLY. C-3 . MOTION: McComsey: Yes Walker: Yes Resolution No. 91-72 - Awarding the Bid for an Airport Sweeper to Yukon Equipment, Inc. for a Total Amount of $101,981.00. Councilwoman Swarner MOVED for adoption of Resolution No. 91-72 and requested DIi1ANIM0IIS CONSENT. Councilman Smalley SECONDED the motion. There were no public or Council comments. There were no objections to the motion. So ORDURD, C-4., Resolutioa No. 91-73 the Primary Member in Senior Center, MOTION: Appointing Patricia Porter as Charge of Gaming for the Kenai Councilman McComsey MOVED for approval of Resolution No. 91-73 and requested vxxxxxogg CONg=T. Councilman Measles SECONDED the motion. There were no public or Council comments. There were no objections to the motion. 00 ORDBRBD. C-S., Resolution No. 91-74 - Transferring $5,000 in the Water and Sewer Fund for Lift Station Pumps. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1991 PAGE 8 MOTIONS Councilman Walker MOVED for approval of Resolution No. 91-74 and requested UNANIMOUB CONBENT, Councilwoman Swarner SECONDED the motion. There were no public or Council comments. There were no objections to the motion. BO ORDERED. C-s. Resolution No. 91-75 - Approving a Variation and Exception Pursuant to KMC 14.10.090 for Riedel Subdivision. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 91-75 and Councilman McComsey SECONDED the motion. City Engineer Jack LaShot spoke to Council. LaShot stated that he just came from the Planning & Zoning Commission meeting where to the Commission passed their resolution approving the variation. The Commission recommends to Council that they approve the substitute resolution. Walker asked if covenants and notes are enforceable. Attorney Graves stated that if they are on the plat and public record, they can be enforced. Graves stated the note would also be enforceable. McComsey questioned the information in the staff report stating that the property owner must dedicate the right- of-way to Lot 1. Has it been dedicated. LaShot stated that as a condition of the plat, the Borough requires the owner to dedicate the right-of-way. Smalley withdrew his first motion with the permission of the Council. There were no objections. MOTIONS Councilman Smalley MOVED for adoption of Substitute Resolution No. 91-75 and Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. C-7. 1991 Liquor L10eaee ROnSWal - Peninsula Moose Lodge #1942/Club. 0 Approved by Consent Agenda. U KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20# 1991 PAGE 9 C-8, 1991 Games of Chance and Contents of Skill Permit Application - International Association of Personnel in Employment Security (IAPES)/Alaska Chapter. Councilman Measles objected to the approval of the IAPES application stating that there are many non -profits in the City of Kenai and this out-of-town organization does the same thing as the local groups. Measles added that the organization will probably receive the permit anyway, but the City does not have to condone their work. Measles asked if Council can legally object to the permit. Graves stated that they can object, but the permit will probably be issued anyway. Discussion continued regarding "local" organizations. Smalls stated that by approval of the consent agenda? a y already been issued by Council. Williams stated Council has the prerogative to remove the application from the consent agenda. Walker stated that the IAPES organization is as local as other chapters. Walker did not see any reason to single one out. MOTION: Councilman Measles MOVED to reconsider Item C-8, the IAPES permit application and Councilman McComsey SECONDED the motion. Williams asked if there are objections. Walker objected. VOTES Monfor: Yes Smalley: Yes Swarner: Yes Measles: Yes Williams: Yes McComsey: Yes Walker: No MOTION FAILED (reconsideration requires majority vote. MOTION= Councilman Measles MOVED for approval of the 1991 Games of Chance and Contests of Skill Permit Application for the International Association of Personnel in Employment Security Chapter. Councilwoman Swarner SECONDED the Motion. Councilman Walker requested UNANIMOUS CONSENT. Councilman McComsey OBJECTED. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1991 PAGE 10 Measles questioned Graves as to the best way to handle the action of the Council. Either vote down approval, or take no action and a letter of objection sent. Graves su down the approval and have the Clerk senedsaletter tod thatuthel vote Department of Occupational Licensing stating that approval not be granted and refer to the official action of the Council. Williams stated that it would be better to do nothing with this. The organization represents employees all over the state, including Kenai. This allows local employees to sell raffle tickets in the area. Measles stated that they can go anywhere to sell the tickets. They did not need the approval of the City. Walker stated that he had not heard a good reason for denying the application other than it was not a local group. The union has local members. The Council's denying the renewal may be a disservice to the organization and local members. If it is decided that organizations that do not have a local headquarters should be denied, many will be denied. Williams stated that the gaming permits represent approximately $3 million in the city y of VOTE: Monfor: No Smalley: Yes Swarner: No MOTION FAILED. Measles: No Williams: Yes McContsey: No Walker: Yes C-9• 1992 Games of Chance and Contests of Skill Permit Application - City of Kenai. Approved by Consent Agenda. C-10. 1992 Games of Chance and Contests of Skill Permit Application - American Legion Auxiliary Unit 420. Approved by Consent Agenda. 1992 Games of Chance and Contests of Skill Permit Application - 40/8 Voiture Locale #1539. Approved by Consent Agenda. • KENAI CITY COUNCIL MEETING MINUTES NOVEMHER 20, 1991 PAGE 11 C-12• 1992 dames of Chance and Contests of Skill Permit Application Kenai Bicentennial visitors & Convention Bureau, Inc. Approved by Consent Agenda. C-23. 1992 Dames of Chance and Contests of Skill Permit Application - Peninsula Oilers Baseball Club, Inc. Approved by Consent Agenda. C-14. 1992 Games of Chance and Contests of Skill Permit Application - Women's Resource & Crisis Center. Approved by Consent Agenda. C-15. 1992 Games of Chance and Contests of Skill Permit Application - American Legion Post 20. Approved by Consent Agenda. BREM I 8 s 10 P.N. RETURN TO ORDERi 8120 P.M. 3ms_ CO I D-1. Council on Aging No report. Williams reported that he took Nancy Watson, the new reporter from the Clarion on a tour of the Congregate Housing project. It is coming along nicely. D-2. Airport Commission Airport Manager Ernst reported that the Commission met last week. They discussed two major istsues, i.e. the electric gates and the restaurant lease. The Commission supports the re -lease of the restaurant as soon as possible. The Commission will be reviewing the bid specifications at their next meeting and will make a recommendation to Council in December. D-3, Rarbor Commission Walker reported that a meeting was scheduled for November 18, however there was no quorum present. Their next meeting will be 88NAI CI'PY COpNCIL !lE8TI11G y=NUTz8 IQOVSINBHR 20v 1891 PAGE as December 9, 1991. Kornelis reported that 50-70 people came to the Harbormasters Conference. The conference was a great success. The next conference will be in Juneau. Lots of the attendees stated that they will come back to Kenai in the summer. D-4 . Library Commission No report. -4 D-5. Parks i Recreation Commission No meeting due to lack of quorum. The next meeting is scheduled for November 26, 1991. Councilman Smalley stated that he has a student representative volunteer. An application form will be forwarded to the student. D-6. Planning i Zoning Commission There was no meeting due to lack of quorum, however, the members that were present sat in a work session to discuss agenda items. The Commission set a make-up meeting for November 20, 1991 in the Library. D-7, Miscellaneous Commissions and Committees All -American City - Williams reported that he will meet with Sue Carter and Councilwoman Monfor on Monday to discuss placement of citizens on the All -American City Committee. A list of suggested members will be presented at the December 4, 2991 Council Meeting. Beautification - Swarner reported that the Committee met on Tuesday, November 12, 1991. The Committee is concerned about their budget and also interested in offering an ordinance for cleaning up the old Town area. Baonomia Development District - Brighton stated that Stan Stedman will be Acting Director until a new director is hired. Congregate Housing Committee - Williams reported that the committee has been set and materials are being prepared for the committee to discuss to set the rules and regulations of living in the project. The committee is very enthused. RENAI CITY COUNCIL MEETING MINUTES NOVEMBER 201 1991 PAGE 13 12M a I HIMMI E-•10 B"Clal Meeting of OetobOr 30, 199i. Approved by Consent Agenda, E-2• Regular Meeting of Nov"Wer 6, 199i. Amended at Consent Agenda and approved. -OLD Symms a'1• Bill Rugs - Review of Council Action of 11/6/91 Meeting Regarding Change Order No. 4/Kenai Bicentennial Visitors & Cultural Center. Kluge requested to speak to Council to resolve the estions regard to Change Order No. 4 and have it approved. Williams in stated that the Change Order was tabled and not decided. Klue stated that change orders need to be addressed at the time they. are presented and not held. Not addressing them can make delays. Kluge reported that it was found the mechanical duct work needing to be placed happened to be at the same place the support for the display shelf was to be. Another support needed to be placed to hold the display shelf at an added cost of $687. Extra time was also requested. Kluge stated that he felt the time and cost was in order. The contractor proceeded and placed the additional support. If the change order is not approved, the contractor will remove the added support. The support is still needed and if the support is again placed, it will cost more money. The City will be paying for the work twice. Klugge reminded Council that half the cost of the change order is paid by federal grant funds. Monfor stated that Council understands that there are change orders during construction. Council wants to know rior to work being completed. After -the -fact re P the approval. This makes Council not responsible force them into . IKgMpX CITY COUNCIL 1lB8TIN3 ![INOTSS IjOOHygmmp 20,9 1991 PAGE 14 a day added to do the work it with id not Make Monf or added thaws the one from Kluge's office to discuss sense and there Council. one priority that the project has been hi�r t this time• Kluge stated Kluge planned a P for over eleven months. Jack LaShot and thoughulKluge Kluge stated he spoke w at the meeting to discuss it with thecouncil. availableLagt did not explain the change order stated that evidently well enough. 1 meet with him and the contractor in Kluge requested that council to air their differ c es - a work session as soon as P lI. ast meeting, decided to at their Williams stated that Council after the project is completed iri d table all change orders un them will discus them. Kluge stated that tabling then d stated change orders need to be discussed time extensions. Kluge as they come up. council is concerned with the mcie completion Williams stated that C ro ect is to be cbut with change date. Williams asked when was to be December 271 stated that oriiginanuary 311 1992. orders it is now r needs to be cleared about our project Measles stated that the ai s submitted and n attendance. Measles states he has f while Kluge is i order w concerns relating to how this changeare: believes the Council has the same concerns• They 1. The duct/supp ort problem should have been caught during the design of the building• vent into detail increase in cost or total cost now is mor . 2. The actual Kluge w Kluge added that there are tat 10$ds What was needed to be done•diffegently et support was placed ency fund was s of what supP lane. The contingency of details in these p industry standard to have for this project- it is the in contingency funds, . Measles stated he understood it is Council' s and change orders; measles added that to funds added time u job to project the contingency quested one full day problem 3. The change order re Kluge reported that the p support. Kluge rep First he discussed place the additional supp died the problem; Pricing discovered and it needed to studied resolved. to be was contractor; Kluge thenort needed it with needed to be done; and then the supp of materials • RENAI CITY COUNCIL 118ETING MINUTES N0o8118ER 20p 1891 raas as built. The extension due to weather was re ueste were setting trusses and there was hea q d because they discussed this with Kornelis. vY wind and rain. Kluge Measles requested time extensions be separate change work/material type change orders. Kluge stated he did not have a d orders from problem with addressing time extensions at the end of the Project. Measles stated that the form of this change allows approval of the work and the time extension. order only he would ask the contractor to speak to time extensions stated end of the project, sions at the Swarner referred to the dates on the change order r the contractor to Kluge to Council. The problem Was di stu from ar d for a month before it was brought to Councils attscussed explained the steps in reporting change orders, inves ig Kluge steps to resolve the problems, etc. tigation of McComsey asked what the support was not replacing a support, was replacing. Kluge stated it display shelf. but a more simple way to support the scheduled for Fridaytoha Council join a walk-through requested that the change order tbehbrokenlinto tem olved. Williams first to deal with the cost of the materials, etc. phases -- the discuss time extension at the end of the projectand second to . MOTION: Councilman Measles MOVED to bring Change Order No. 4 Bicentennial Visitors & Cultural Center/G&S Const /Kenai the table and Councilman Smalley SECONDED the Motion. n back sto asked if there were objections to unanimous consent. Williams objected. Walker VOTE: Monfor: yes Smalley: Yes Swarner: yes Measles: Yes Williams: yes MOTION PASSED UNANUOOSLY. • McComsey: yes Walker: yes RBNAI CIT1! COUNCIL MBBTING !lIIIOTEB NOV81188It 201 1991 ?AA8 16 MOTIONS Councilman Measles MOVED for approval of Change Order No. 4/Kenai Bicentennial Visitors & Cultural Center and Councilman McComsey BECONDED the motion. MOTION TO AMEND: Councilman Measles MOVED to amend Change Order No. 4, deleting any reference to the contractor's mention of time and Councilwoman Monfor SECONDED the motion. There were no objections to the motion to amend. 00 ORDERED, VOTE ON MOTION: A Roll Call vote was requested. Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: No Swarner: No ' MOTION PABOBD. A work session was scheduled for 7:00 p.m., Monday, November 25, 1991. Kluge brought forward an additional item related to the senior Center carpet removal. Kluge reported that he received a letter from Bill Nelson of Alpine Interiors. Through negotiation, Nelson has an agreement from the carpet supplier in Seattle that he will supply new pad and carpet at their cost. The product is different, however Kluge has discussed the carpets with another carpet person in Kenai and they both feel the new carpet is equal to the carpet in place. There will be no extra cost to the City. Kluge suggested to Council that the carpet now in place is a very high -quality carpet and in removing it, it will not be salvageable. The carpet will be destroyed when removing it. An alternative is for the. City to take a credit from the contractor and leave the carpet there until it wears some and then use the credit for replacement of the carpet later. It will take a month to get the carpet and five days to remove the carpet. • Differences in the carpet were discussed. Kluge restated that the carpet appears to be equal. . KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1991 PAGE 17 MOTION: Councilwoman Swarner MOVED to replace the Kenai Senior Center with carpet selected by the director at no cost to the City. Councilwoman Monfor BECONDED the motion. Swarner requested UNANIMOUS CONSENT. There were no objections. McComsey asked if the carpet could be received and stored somewhere and placed some other time. Kluge stated that the carpet in place has a low spot, but is a high -quality carpet. Removing it now grates on his better judgment. MOTION: Councilman McComsey MOVED to amend the motion to accept the carpet and padding to be shipped here at no cost and stored and the City will pay the cost of installation at a later date. Kluge asked Dan Green (contractor in audience) if the materials will be provided. Answer: Yes, VOTE ON AMENDMENT: Councilwoman Monfor requested UNANIMOUS CONSENT on the motion to amend. There were no objections. 80 ORDERED. VOTE ON AMENDED MOTION: Councilwoman Monfor requested UNANIMOUS CONSENT There were no objections. 80 ORDERED. Measles commented to Kluge and Green that the Council does not like to see change orders after the fact. Realistically, change orders happen. However, when a change order is received by Council after -the -fact, it would be better if somebody attends the council meeting, either the contractor, architect, or engineer, to explain the change order. Kluge apologized. Williams asked Kluge about large cracks in the floor at the Bicentennial building. Williams wanted it as a part of the record and some assurance that the cracks will not interfere with the radiant heating. Kluge explained the cracks. The crack traversing the floor is from the two pours done to put in the •floor. Another is at the support. There are dowel rods in the floor and when the concrete shrunk as it dried, the concrete KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1991 PAGE is cannot move, so it cracked. Kluge stated that there are no cracks that concern his in regard to the hydraulic system in the project. I MR BUSINses H-i. Bills to be Paid, Bills to be Ratified MOTION= Councilman Smalley MOVED to pay the bills and Councilman Mccomsey SECONDED the motion. There were no objections. so ORDERED. H-2. Purohaee orders Euceodiaq $10000 MOTIONS Councilman Measles MOVED for approval of the purchase orders 46 exceeding $1,000 and requested UNANIMOUS CONSENT, Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. • H-3. Discuseion/Approval - Maintenance and operation Agreement - Kenai Bicentennial visitors and Convention Bureau, Inc. Brighton reported that Administration approves the agreement. Brighton questioned Paragraph 9. The paragraph indicates the City will pay the Bureau $50,000 per fiscal year. Brown stated that the City will pay $50,000 for a twelve-month period, but the City's costs of operating the building will be $100,000. Brighton asked Council what the effective date should be on the agreement. Monfor stated that it is important to begin the agreement effective January 1, 1992. Even if not in the building, there will be expenses. MOTION$ Councilman Measles MOVED for approval of the agreement and direct Administration to enter into the agreement effective January 1, 1992. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. IC8l1AI CITY CODNCIL MEETING MINOTBB NUV __BR 20s 1991 PAGE 19 H-4• Approval - City of Kenai 1992-93 Capital Improvement Projects Brochure. Kornelis stated that the picture on the front of the brochure will be the same as last year's. Councilwoman Monfor requested that next year a new picture be there showing projects completed that were funded by the State, such as the Congregate Housing Project. MOTIONS Councilman Smalley MOVED for approval of the Capital Improvement Projects brochure and Councilman Measles BECONDBD the motion. There were no objections. 80 ORDERED. Council directed the resolution and list be forwarded to the Borough if it has not already been done. Williams suggested that $10,000 be included in next ear's get for a new City brochure that will include the new buildingsinthe area. H-S. Dieouseion/Approval - Orca Gifts Lease Amendment. A letter detailing the request by Ms. Wackier was included in the packet. Monfor asked if stock would be left in the store during the closure. Ms. Wackier stated she had not made that decision yet. Wackier stated she is going to have a close-out sale during the Christmas season to eliminate inventory. Monfor suggested that if the stock remains in the store and the space will remain as Orca Gift Shop, some sort of payment should be made. Wackier stated it would look better for the airport if merchandise remained in the store. Smalley asked if Wackier's rent was lessened, what if other lessees request a lesser rent due to financial hardship. Graves stated that the City would not be bound to give others a'break. Williams stated he does not have a problem lessening the rent on a one-time basis. Hopefully, the Visitors Bureau will be able to bring in more tourists during the winter monthe that will help to increase business. Wackier was asked if she felt the gift shop in the airport was a viable business. Answer: Yes, Walker a ker asked Ernst if this rent decrease is granted, if it would preclude someone else to start a gift shop in the airport. Ernst • • KENAI CITY COONCIL MEETING 141IMTE13 NOVNMBER 201 1991 PAGE ZD stated Graves stated that the gift shop has an exclusive DBE regulations. Ernst the FAA allows five-year leases d gift shop in the added that if someone would like to eatheara small was last interim, the space is available whet gift shop, it would summer. if any space is lean would c ntinue another nly until April. be stipulated that the leas t to decide whether Smalley suggested that Wackier meet with Erns partial reimbursement of lease rate waive it there should be a P of merchandise. Brighton stated and discuss the storage decision is requested of Council tonight. MOTION: for MOVED that the Orca Gift Shop rent pbieri1d30)a Councilwoman Mon 1 throughp to $50.00 per month for four months (January suggested an amendment to the motion requiring Measles Bugg condition. Wackier merchandise left there be left in display the only way to leave it. Wackier stated that she stated that is there. i the merchandise staying Wackier asked if the Bureau Buccessful William the winter. make the requests date to reopen can be undone if areVisitors in pulling more people into th s during stated she can come back before Council and Wackier suggested the City has had unhappy people Come closed. Williams suggested there. try to keep the restaurant it is into her shop and comp laced a cold sandwich enterprise be p VOTES There were no objections to the motion. 80 ORDERED• R-6* Approval - Change Order No. 5/Kenai Sewer Treatment Plant - G & S Construction. orted that Administration recommends approval as the Kornelis raped the work. The light poles need to be relocated City request poured* The personnel door is Work - prior to the sidewalks being p DEC on the back of the building and itwma t , be floor required by time. Additionally, they clean to open it at any area by the clarifiers to be concrete. Nelson & Associates did KENAI CITY COUNCIL MEETING MINUTES NOvEMBER 20, 1991 PAGE 21 an analysis of costs submitted by the contractor. All are in line. The duct work needing to be done will not cost extra. MOTION: Councilman Smalley MOVED for approval of Change Order No. 5 in the amount of $6,005 and Councilman Measles SECONDED the motion. Swarner asked if the work has been completed. Answer: No. Kornelis has requested that the sidewalk wait until next year to pour. The excavation there is 15 feet deep and the ground may compact and change over the winter. It was asked if the price for the concrete was comparable to the bid on Leif Hansen Memorial Park. Kornelis stated this cost is much less. It was suggested that the contractor be asked to submit a proposal for doing the concrete work at the Memorial Park. 4 Brown stated that there is approximately $150,000 in the contingency fund for this project. A second grant was received and the City had left some money in the fund. There is an abundance of money in the fund. • VOTE: There were no objections to the motion. 80 ORDERED. 8-7. Approval - Change Order No. 2/Kenai Congregate Housing - Gaston & Associates, Inc. Deleted from agenda. ITEM I: ADMINISTRATION REPORTS I-1. Mayor 1. A letter was received from Mr. Cherny whom he met during his trip to Russia. Mr. Cherny has stated that they are planning a trip to Alaska the first of the year. Williams stated he will discuss this with Mayor Gilman. Williams would like to delay the trip until May or June when the new buildings in town will be completed. Cherny stated that they will bring a dance group. Williams suggested that a show be advertised and held at the high school auditorium. A fee will be charged to watch so the group will have spending money. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1991 PAGE 22 2. Friday, November 22 the City will co -host a reception with Weaver Brothers at Mr. D's for Commissioner Turpin and others from DOT. The Council is invited to the reception. Williams added that he received a letter from Turpin indicating the signaling device to be placed at K-Beach Road and the Kenai River Bridge Access will be designed in 1992 and placed in 1993. Williams is trying to get it done sooner. 3. Williams received a letter from Brad Gilman in regard to the Cold Water Recovery School. Senator Stevens is "warming" up to the concept of the school. 4. On November 26, Williams and Brighton will meet with Colonel Cox and General Taylor of the National Guard in regard to the Cold Water Recovery School. 5. Williams spoke with Nancy Lathee of FAA regarding an airline fire fighter school. Lathee is researching who to talk with and where to direct any letters. 6. December 5, 1991, from 5:00-6:30 p.m., the Kenai Caucus will be hosting a reception for the local legislators at Mykels. Council is invited. Swarner suggested the City set a time to meet with the legislators personally. Brighton stated that it would not be a good time at Mykels, as there will be others attending. Williams suggested they meet here with Council.. perhaps an hour prior to a council meeting. Brighton suggested they call the legislators and ask if they could meet with Council prior to returning to Juneau for the start of the session. Brighton is to contact the legislators. Brighton is to invite Ashley Reed as well. Williams asked that the meeting be scheduled for a date after his return from the NLC Conference. 7. Williams stated that he is traveling to Juneau on December 9 to meet with Commissioner Hames regarding possible development of a prison in the area. The City is in a position to offer itself as a bonding entity for the state. It is a good, clean industry that will produce many jobs. S. Williams referred to letters included in the packet from the EDD office requesting James Elson and Wm. J. Brighton to either be replaced on the EDD Board of Directors or renewed. Council directed that Wm. J. Brighton and Elson be reappointed. Clerk will send letters. RENAL CITY COUNCIL MEETING MINUTES NOVEMBER 20, 19 91 PAGE 23 1-2• City Manager 1• Brighton reported on Kenai Peninsula Borough Ordina No. 91-55 which will amend the Borough code and will reduce the taxes on fishing vessels. All City Managers of the Pe he Will be appointed to a committee with representatives frou h fishing association. Brighton stated that there are from the vessels docked inside the City of Kenai at processors317If fishing Borough adopts the ordinance, the City does not have to the Batt, if the City does not adhere, the boat owners will mere. vessels out of the City and the City will lose about $75�80 their in tax revenue. Brighton stated it is a ,000 the assembly members will be running for Political ecnext year All they are trying to make friends. Y ar and is in need of money and they are looking rat waawars that the Borough breaks. Brighton will keep Council informed. Y o give tax 2. Brighton reported on Kenai Peninsula Borough ordinance No. 91-51 which will late 1-51 amend the Borough code and will change the on time, itsubsidizesthose for we tax payments. If taxes are paid Political. If Council wishes to objecttetheThis again is # y should do it soon. Smalley suggested that Brighton write a letter of ob ect soon as possible on both issues. If an exemption isj fvennfas boats, next will be airplanes, excavation equipment a or I'3, Attorney • etc. No report. 1-4 • City Clerk 1. Clerk referred to a memorandum in the change of date for the next Thanksgiving holiday, the Packet day. packet day will be the packet regarding Due to the November 27, 199i. 2. Clerk referred to a memorandum in the packet which informed Council that the first Wednesday meetingin Janu January 1, 1992. Clerk asked if Council wished tchangeath date of the meeting and to when. g the is MOTION, • Councilman Smalley MOVED to change the meeting to Januar Councilman Walker SECONDED the motion. Y 8 and fAD C� RENAL CITY COUNCIL MEETING MINOTEB I�OVEMSER 20s, 1991 PAGE 24 • Measles stated he would prefer the meeting in the first week of, the month. Brighton suggested January 2. If there is not a quorum, the Code requirement of two monthly meetings would be satisfied. Swarner preferred January 2. The meeting was set for January 2, 1992. Packet day will be December 27, 1991. I -So Finance Director No report. I-6. Public Works Director No report. Smalley reported a light out across from the high school. Kornelis stated it is a Borough light. Kornelis will report it to HEA. I-7. Airport Manager 1. Airport Manager Ernst reported that he has had problems with Louis Schilling, lessee of the airport bar. Ernst reported that Schilling has placed a menu sign along the stairway to the bar without Ernst's permission. The menu sign is beside the dedication plaque. Ernst stated he has requested Schilling to discuss with him his wishes to place signs so that they will be placed in appropriate areas and whether it will be okay with Ernst. Ernst reported that the Fire Marshall inspected the menu sign and found it to be too close to the fire pull box. When coming down the stairs, the pull box cannot be seen. If the menu sign is removed, it will leave holes in the wall and the wall will need repairing and repainted. Ernst stated he is not aware of why Schilling will not ask permission. Ernst reported that Schilling now has four signs inside or outside of the airport. They advertise the Upper Deck (bar) and one he has placed outside the bar door advertises the Uptown Motel. Measles stated that Schilling should either space or remove the signs. Ernst reported sign was placed without permission also. pay for advertising that the Uptown Motel (a U RENAI CITY COUNCIL MEETING MINUTES NOVEMSER 20, 1991 PAGE 25 Smalley stated to request Schilling remove the withmenu Ernstand wheremotel signs and if there is space availabler discuss they can be placed. Brighton stated that they are in the process of sending a letter stating that when the restaurant is re -leased, the City tWill again discuss whether he will be ableto serve he bar* Walker suggested that if food is available at the bar, there needs to be advertisement stating stated thatWalker itdoes wasnot nothave the a problem with the menu. Williams intention to serve food in the there.Itis a The Cityshaseof bentthe over City s to allow him to sell backwards to help him. Walker stated that he believes it was theinteniion f the at ifCity to have a food facility in the airport. He ood is served there, it needs to be advertised. However, he does not disagree that the sign should moved.Walker isanotrinapadsignage be also agreed the other signage should be moved if area. Monfor suggested that the advertisement be put on the "Terrie's portion of the tapper Deck sign. Swarner stated that advertisement is necessary efyevsigfisdin the appropriate. However, Swarner does not believe themenun either. It needs to be placed somewhere else. Ernst stated that the bottom half of the lighted sign could be a place to place the menu while Schilling is temporarily allowed to serve food. That would be an appropriate place. McComsey stated that placing the menu sign on the wail was wrong. A stand-alone sign could be made. Ernst stated that Schilling used a stand- alone sign in the restaurant that aould be smallertoo lage atandralonedit signis also lighted. McComsey suggested McComsey stated that the menu does not belong on the wall and Schilling should fix the wall. Measles agrees with McComsey and Monfor. A menu sign could be placed on the lounge sign. Remove the Terrie's Restaurant does portion and put the menu information on that sign. Measles not think Schilling needs all those signs all over the airport. Smalley questioned the permitting gfitdinonunction with his eQdin the bar. nst stated that Administration allowed • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1991 PAGE 26 C� • lease of the restaurant. There is no competition at this time. Smalley stated that when the restaurant is re -leased, it should be a bar only. Brighton stated that Ernst needs a decision by Council on the signage. Ernst needs support of the Council. Ernst needs to know that when he makes a decision, the Council will not go around him. MOTION: Councilwoman Monfor MOVED that any sign that he (Schilling) has regarding his restaurant services be located where the TeKrie's sign now is that deal with the Upper Deck. That is the only place where he can have anything about the food that he's serving and to take down any other existing signs and repair the wall. Councilman Smalley SECONDED the motion. Williams asked if there were objections. Walker stated his objection. VOTE: Monfor: Yes Smalley: Yes Swarner: Yes MOTION PASSED. Measles: Yes Williams: Yes McComsey: Yes Walker: No Smalley stated that when the restaurant is re -leased they can assume the food service in the bar will discontinue. Brighton stated a letter has been written indicating exactly that. McComsey stated that if Schilling believes he needs another sign, he needs to speak with Ernst for approval and come to Council if he desires. Walker stated that he believes the motion states that all Schilling's signs should be removed except for the one in particular. Monfor stated the motion was directed to the food sign. Measles added that it is directed to the motel sign. Walker added that there was no directive of negotiations given to Ernst. Ernst stated that was okay with him. Walker stated that he is aware that Schilling and Ernst have differences of opinion in many things. Brighton stated that this is the Council's opinion. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1991 PAGE 27 Monfor stated that she has been a strong supporter of Schillings leasing the bar and restaurant. However, it has come to a point that there needs to be a more positive outlook and work together. If one individual believes he can place signs anywhere in the airport with no control, soon other lessees will want to do the same. If this is done, there is no reason for the Airport Manager, Administration or Council. Schilling has not come to Council with any problems. He has whined at anyone that will listen to him and then gets angry that Council makes decisions that they believe are best for all affected. 2. The moose gate is complete. A moose round up has been scheduled. Ernst is hoping to have pictures and a video taken. Williams stated that the FAA building being fully implemented has been delayed again. Some new equipment will be brought in. The City of Kenai anticipated originally that the center would be fully manned by this time. It seems to be political between the FAA and Senator Stevens. Williams did not know if he should write a letter to Stevens. The letter should not be written to FAA. Williams suggested a soft letter be written to Stevens asking for advisement as to when they anticipate the center being fully manned and that it would be appreciated that he remember that factor when decentralizing. It was decided that Brighton and Williams write the letter. The letter should state that the City's obligation and financial involvement of $1.5 million in land is not seeing the type of return or benefit to the community as was anticipated or that was promised. Measles added that it should be pointed out what the City's intentions were when it agreed to the facility and complied with all the FAA's rules and regulations, and now are concerned that the City is being put off and may not realize the full potential relied on when it made the decision to go ahead with the project. ITS AX8CVS0Z N J-1. Citizens None. • Z MAI CITY CotmalL RBETING MINTER I;OVEM8ER 20• 1991 PAQZ 28 J-2• Council Reported that while at AM he attended some walker - i . very interesting meetings. regard the DEC and EPA, it would be 2. From a meeting property t environmental studies be done established as the owner► best tha If the City is prior to foreclosure. the City may be left with a mess.Walker rdin the Mayor's comment on bed gibed taxes do 3, Regag believes that most of the cities that are charging not have a city sales tax. have been 4. fall. Asked Kornelis if all the street Answer: YB - installed from the list designated idea to address street lights 5. Walker believes it a q still needed. e did not believe Walker's Comm®nchaeck that. williams stabed ted h taxes was accurate. Williams requested Graves to e 1. Referred to the Extension Service report for 8wara0r use of the plant test site. will Asked Kornelis when banners wilo�rielisestat d they 2• put up. K Christmas decorations e p e Committee for be done before Thanksgiving. ointed to the Legislative and 3i in 3. Has been reappointed ein will be January 28, �,. Their next meeting Juneau. _ Requested that the record be clear that back to the Honfor R ril 1, the rent g Gift Shop is reopened prior to AP regular month's rent. air _ Requested that the port restaurantmhf cbcp he Maaeio• 1• � possible, Measles asked ho out for lease as soon aSchilling' Ernst answered the kitchen equipment was owned by Chairs, etc. are owned by Schilling - equipment. The booths, spection of the premises will be held on Ernst added an in 2. The tables and booths have been removed. December he d that if a responsible bid is neaslesebelievea that Measles state to run the restaurant. M would like the City perceived as a service for a restaurant in the airpsoort atead $°busness venture. the traveling public in that if there is not a responsibithati he he • Brighton stated a suffered. Ernst stated City does it, a loss will b • KENAI CITY COUNCIL REETINO MINUTES NOVMMZR 20, 1991 PAGE 29 are interested in received an inquiry from Rose eropeouldefurnisS. h an employee and a management package, where they Deal. ay the City a flat fee. Ernst requested a written prop p He Measles stated that a direct City employee is not required. suggesting it be contracted. There are a lot ofabout tadvantages was gg voiced a to a management contract. Smalley tax billed for the restaurant. Ernst stated personal property h a inq of taxes is included in the leas thattepY Williams stated that many people will be Schillin a ng. nterested iWilliams management contract situaino� iayluding losses on it, but should not added that the City shouldp private industry. an it would be against p subsidize zne __ -- one entity asking Walker reported that he has been contacted arson is interested if the restaurant will be re -leased. The p ittin a proposal. Walker believes a profit can be made submoperatingthatrestaurant. Ernst and Measles agreement. MOTION: in n Measles MOVED to get out the RFP's as soon a 1305 then ble councilman Deal is not received, the City and if a decent prop consider doing it ourselves. Councilman WAaNINOUS8CONOM M theThere mot ion . Councilwoman O of or rDquested were no objections. S MaComsey - No report. Smalley - No report. Williams - Remember "Christmas Comes to Kenai" on Friday, November 291 1991. The meeting adjourned at 11:14 P.M. Minutes transcribed and submitted by: Carol L. reas, C ty Clerk APPROVED V COMM G