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HomeMy WebLinkAbout1990-10-03 Council MinutesAGENDA KENAI CITY COUNCIL — REGULAR MEETING OCTOBER 3o 1990 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. NCREDOLED RM 991MM (10 Minutes) 1. Roger Rosin/Rogers Painting Services - Painting Bid/Kenai Community Library is C. MLIC NEARINt;91 1. Ordinance No. 1403-90 - Increasing Estimated Revenues and Appropriations by $437 in the "Miscellaneous Older Alaskans Grants" Fund. a. Introduction b. Adoption 2. Resolution No. 90-51 - Accepting a Grant From the State of Alaska, Department of Environmental Conservation for Sewer Treatment Plant Improvements - $380,000.00. 3. Resolution No. 90-52 - Accepting a Grant,From the State of Alaska, Department of Transportation and Public Facilities for Airport Taxiways A-1 and A-2 Improvements. 4. Resolution No. 90-53 - Awarding a Contract to Construct a Storm Drainage System from Airport Taxiway A-2 to Granite Point, to Jackson Construction for the Total Construction Amount of $13,923.00 Which Includes.the Basic Bid and Additive Alternate A. 5. Resolution No. 90-54 - Awarding a Contract to Replace Roof Insulation In Warm Storage Building 02 to Chumley's for the Total Construction Amount of $19,700.00 Which Includes the Basic Bid. 6. Resolution No. 90-53 - Declaring the Following Equipment, Supplies, and Materials Surplus or obsolete. 7. Resolution No. 90-56 - Authorizing Submission of a Proposal for a Fire Training Facility to be Located in Kenai, and Reserving Lands for Such Purpose. R . y,I-Y • •iIY �.� 1. 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission S. Miscellaneous Commissions and Committees 1. *Regular Meeting of September 19, 1990, 1. 9/25/90 Mayor D.Gilman letter to B.Brighton regarding Kenai Peninsula Borough Assembly ordinance authorizing the Borough to undertake tourism promotion on a non- areawide basis. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1401-90 - Increasing Estimated Revenues and Appropriations by $11000,000 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. 4. *Ordinance No. 1402-90 - Increasing Estimated.Revenues and Appropriations by $7,125 in the General Fund as a Result of a Library Grant. 5. *Ordinance No. 1404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission. Of 6. *Liquor License Approval - Thai House/George and Chiamchit Tweedy 7. Discussion - Dedication of Adjoining Ten Acres to Fire Training Facility for People Count, Inc. for Educational Facilities, 8. Discussion - Dan Hakkinen Bluff Property,, 9. Discussion - stream Rehabilitation and Fraying Area. 10. Approval - Rate Changes at City Dock. 11. Approval - Airport Taxiway A-2 to Granite Point Drainage System - Wince-Corthell-Bryson Inspection for Not -To -Exceed $1,700.00. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DI8CQ88ION 1. Citizens 2. Council , K. ADJOU—MRV ' • RENAI CITY COUNCIL MEETING Minutes of October 3, 1990 X1=1 CITY KUL MAYOR JOHN J. WILLIAMG, PREBIDINGI Mayor John J. Williams called the meeting to order at approximately 7:15 p.m. in the Council Chambers in the Kenai City Hall Building, Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Smalley, Swarner, Measles, Williams, O'Reilly, Walker. Councilmember Monfor was absent, however e;cpected to be present later in the meeting. A-3. Mayor Williams requested the following changes to the agenda: ADD= To H-2, Purchase Orders Over $2,000, a purchase order to Quality Asphalt Paving for patchwork according to their - proposal. To H-11, Substitute memorandum from Public Works Director with appropriate motion for approval of an agreement with Wince-Corthell-Bryson for providing of engineering services on the Airport Taxiway A-2 to Granite Point Drainage System. To I-6, Public Works Director Report. MOTION: Councilman Smalley MOVED for approval of the amended agenda and Councilwoman Swarner BECONDED the motion. There were no objections. BO ORDERED. 4 A-4 CONSENT AGENDA Mayor Williams requested the following change be made to•the Consent Agenda: ADD: As H-6a, Restaurant Designation Application Approval for the Thai House. KENAI CITY OCTOBER 3, is PAGE 2 ' NOTION: • COUNCIL MEETING 1990 Councilwoman O'Reilly MOVED for approval of the amended Consent Agenda and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. ' BCgEDULED PUBLIC COMMENT B-1. Roger Rosin/Roger's Painting Services - Painting Bid/Kenai Community Library Mr. Rosin stated that he had bid the Library painting job approximately three months earlier. When he totalled his figures, he did not add the costs for painting the trim. He did not look at his bid until he received a letter from Public Works stating that was awarded the job. Mr. Rosin stated that he finds it difficult to do the job at the price given because of his major mistake. Mr. Rosin requested to be released from the bid. Mr. Rosin also stated that he thought it odd that the Public Works Department did not find his error. Public Works Director Kornelis stated that Mr. Rosin's proposal was considerably lower than the next highest proposal. Mr. Kornelis added that all the proposals were reviewed at the time and they accepted the proposal. The proposal was reviewed and accepted by Council. Mr. Kornelis brought Mr. Rosin's request back to Council as he did not feel it appropriate that he negotiate a price after the proposal was accepted. There were three proposals received and to negotiate after the proposal opening would not be fair to the others who submitted proposals. The job did not need to be bid as the total cost was under $10, 000. Councilman Walker suggested that if Mr. Rosin is not willing to do the work at the price he bid, then the work should be awarded to the next lowest proposal, even if the proposal is for more money. Deputy City Attorney Graves stated that Mr. Rosin made a binding offer. What Mr. Rosin is asking to do is an anticipatory breach. The City could sue Mr. Rosin for the extra money the job would cost to have completed. Councilman Measles asked if the job could be re -bid or give the job to the next lowest bidder. Attorney Graves stated that it would be the Council's decision whether to take the next lowest bidder or not. It would also be KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 3 the Councll's decision whether to pursue damages from Mr. Rosin. The Council should decide and tell Mr. Rosin their decision as it may have an effect on whether Mr. Rosin backs out of the proposal. Mr. Rosin added that he has been in business over twenty years and has made two or three mistakes in calculating a bid. When those errors happened, the business taking the bid called and stated they found an error. He is aware that it was his error. He would like mercy from the Council. Mayor Williams stated that there are four choices for the Council to choose from: 1) Re -bid the job; 2) take the next highest bidder; 3) take the next highest bidder or re -bid and pursue damages; 4) take the next highest bidder or re -bid and do not pursue damages. City Manager Brighton added another option. Ask Mr. Rosin how far he was off on the original bid, add that amount to his bid. It is possible he could still be the low bidder. Mayor Williams added that would still be unfair to the other bidders. Councilwoman O'Reilly stated that it was an obvious error and that Mr. Rosin does not want to do the job. The next lowest bid 'should be taken and do not pursue damages. Councilwoman Swarner stated that she sympathizes with Mr. Rosin, but the integrity of the City should be considered. Councilman Smalley stated that a person cannot be forced to do the work. He stated the job should be are -bid and not pursue damages. An advisory vote was taken. Three voted to throw the bid out and not sue. Three voted to take the next highest bidder and not sue. One voted to take the bid and sue. Councilman Measles asked that since it was not a formal bid, and no bidding process is required under the Code, would it be appropriate to negotiate this bid? Both legally and policy -wise. Attorney Graves stated that the amount is under the $10,000 limit, but two other people have put in proposals for the work and Mr. Rosin knows about those proposals. Councilman Measles stated he meant for the City to make an offer to Mr. Rosin that would still be under the next low bidder. Give Mr. Rosin an opportunity to accept or reject the City's offer. Mayor Williams stated that he felt consideration should be given to the citizens Qf the City regarding a fair return for the money KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 is PAGE 4 spent. Also consideration should be given the contractors who have stayed in business. Mayor would hesitate to bring any financial problems to bear on a local contractor who made an honest error. Councilman Smalley stated that he would consider issuing the job to the next highest bidder with no recourse against Mr. Rosin as it is not necessary to delay the project any longer. Discussion followed regarding whose budget the money comes from to pay for the job. MOTIONt Councilman Smalley MOVED that the Council accept Mr. Rosin's rejection to do this work and offer the job to the next lowest bidder and not take any recourse against Mr. Rosin. Councilwoman O'Reilly SECONDED the motion. Councilman Walker stated that errors are made by contractors and that sometimes contractors must "bite the bullet" and follow through with the contract, even to his disadvantage. Mr. Walker felt that Mr. Rosin should go ahead with the work as agreed. Mr. Kornelis was asked why there was so much time between the bid opening and the awarding of the bid. Mr. Kornelis stated that the proposals were opened on July 29, 1990 and the bid was awarded September 19, 1990. The library took the proposals and did the purchase order. Howard Hackney and Mr. Kornelis discussed the proposals. Council approved the award on August 15, 1990. It was after that Mr. Rosin spoke with Mr. Hackney and asked to get out of the bid. This was discussed in a staff meeting. Council said to take the bid. Administration signed the award. Howard and Mr. Kornelis discussed why the proposal was so low after the proposal was accepted. COUNCILWOMAN MONFOR ARRIVED AT 7t44 B.M. Mayor Williams stated that Administration handled the situation properly by bringing the decision to Council. However, he felt the Council should have been made aware of how much lower the bid was sooner. E • 0, KENAI CITY OCTOBER 3, PAGE 5 COUNCIL MEETING 1990 Mr. Kornelis added that after the Council accepted the proposal in August, Mr. Rosin still had ninety days to decide to get out of the bid. The bid was good for ninety days (until September 17, 1990). A synopsis of the discussion was told to Councilwoman Monfor, VOT8$ Walker: No Swarner: No Monfor: Yes Measles: No O'Reilly: Yes Smalley: Yes Williams: Yes MOTION PA88LD. The arrangement with Mr. Rosin should be canceled and the next lowest bidder should be used. Mr. Kornelis asked that at H-2 Council amend the list to include the new amount so that the work can proceed. Building Official Hackney stated that the next lowest bidder is $2,000 more than Mr. Rosin's bid. There is not that much :coney in the budget for that. Mayor Williams asked permission, with the concurrence of Councilman Smalley to rescind his former motion. It was suggested that since there is no pertinent information in the packet in regard to the other bids, that this item wait until the next meeting. RZ8CIND: Councilman Smalley requested that the action be rescinded. There were no objections. 80 ORDERED. Mr. Hackney suggested that since Mr. Rosin left $3,680 out of his bid, that amount be added to the $4,480 that Mr. Rosin bid and give the job to Mr. Rosin. The total bid would then be $8,160, There would still be a difference of $1,815 between Mr. Rosin's bid and the next bidder. The previous motion would have given the job to Thompson's Painting, the next bidder. MOTION$ Councilman Measles MOVED for Council to offer to increase Mr. Rosin's bid to $7,500 and give Mr. Rosin enough opportunity to honor this bid and it gets the job done for the City, it keeps • 0 • KENAI CITY OCTOBER 3, PAGE 6 COUNCIL MEETING 1990 the City out of a re -bidding process or problem with re -bidding or accepting another bid. It also keeps Mr. Rosin out of any possibility of any repercussion from the City because of a mistake in his bid and maintains his bidding integrity with the City and the City Council. Councilwoman Monfor SECONDED the motion. Mayor Williams stated to Mr. Rosin that what the Council is offering is a contract for him to do the work at a higher bid than he bid, but less than he proposed. There is still a penalty involved, but one that will not bring a great deal of hardship. Mr. Rosin stated that he would not have a problem with this offer. He added that he would do the job for $4,480 if it would hurt his reputation or cause ill feelings with the City of Kenai or for the City to have to sue him. VOTB: Councilman Measles requested UNANIMOUB CONSENT. There was objection to the request. Walker: No Swarner: No Monfor: Yes Measles: yes O'Reilly: Yes Smalley: Yes Williams: Yes MOTION PASSED. BREAK WAS TAKEN AT 8:00 P.M. MEETING BACK TO ORDER AT 8120 B.M. xxxx SL P-migin"Inall C-10 Ordinaaoo No. 1403-90 - Increasing Estimated Revenues and Appropriations by $437 in the "Miscellaneous Older Alaskans Grants" Fund. a. Introduction MOTION: Councilwoman O'Reilly MOVED for introduction of Ordinance No. 1403-90 and Councilman Smalley SECONDED the motion. There was no public comment. Councilwoman Swarner asked why there had to be a special meeting to introduce and have public hearing of a similar ordinance in June. Mayor Williams answered . RENAI CITY COUNCIL MEETING OCTOBER 31 1990 PADS 7 that he remembers that they were not sure at the time how they figures were going to fit with the budget. Councilwoman Swarner stated that there should be consistency, VOTE: Walker: Yes Swarner: Yes Measles: Yes O'Reill • Yes Monfor: Yes y• Williams: Yes Smalley: Yes MOTION PA88ED UNANIMOVSLY. b. Adoptions MOTION: Councilwoman O'Reilly MOVED for adoption of Ordinance No. 1403-90 and Councilman Smalley gXCONDED the motion. Mayor Williams stated that the motion should reflect that this is the second reading of the ordinance. Councilwoman O'Reilly restated her motion: Councilwoman O'Reilly j[OVSD for adoption of Ordinance No. 1403-90 to reflect the second reading. Councilman Smalley (the maker of the second) concurred. There was no public comment. There was no Council comment. VOTE: Walker: Yes Swarner• No Monfor: Yes Measles: Yes O'Reilly: Yes Smalley: Williams: YesYes NOTION PA88ED. C`8• Resolution No. 90-53 - Accepting a Grant From the State Of Alaska, Department of Environmental Conservation for Sewer Treatment Plant improvements - $380,000.00. XOTION: Councilman Smalley MOVED for approval of Resolution No. 90-51 and Councilwoman Monfor 89CONDED the motion and requested VNAN=N0U8 CONSENT. There were no objections. 80 ORDERHD. KENAI CITY COUNCIL MEETING IS OCTOBER 31 1990 PAGE 8 C-3. Resolution No. 90..52 _ Of Alaska, Department of Transportationt From the state Facilities for Airport Taxiwa s A_ n and Public Improvements. y 1 and A-2 MOTtONa Councilwoman O'Reilly MOVED for approval and Councilman Smalley SECONDED the motion. Resolu tion No. 90-52 There was no public discussion or Council discussion. VOTE:. Councilman Smalley requested objections. SO ORDERI�.D. UNANIMOUS CONSENT. There were no C-4. Resolution No. 90-53 - Awarding a Contra a Storm Drainage System from Airport Taxiway to .Construct Granite Point, to Jackson Construction the'Toto Construction Amount of $13#923.00 Which Includes the Basic Bid and Additive Alternate A. he MOTION= Councilman Measles MOVED for adoption of Resolutio Councilwoman Swarner SECONDED the motion and re esn ed ANI and ted CONSENT, qu IINNiMOIIB There were no public or Council continents, There were no objections to the request for unanimous consent. EO OORDERED*C-5. Resolution No. 90-34 - Awarding a Contract to Re la Roof Insulation In Warm Storage Buildingp ce Chumley's for the Total Construction Amont of $19,700.0o Which Includes the Basic Bid. MOTtONa Councilwoman O'Reilly MOVED for and requested motion. UNANINoVS C0p68NT. approval of Resolution No. 90-54 Councilman Smalley SECONDED the There was no public comment. There were no objections Council. HBO ORDERED. j ions from • KEhAI CITY OCTOBER 3, PAGE 9 COUNCIL MEETING 1990 C'6• ReaoivtioA No. - 90 S5 -Declaring the Following Equipment, Supplies, and Materials Sur lu NOTZONa p s or Obsolete. Councilwoman swarner movED for adoption of 55 and requested ONANIMOVS CONBENT. Resolution No. .. motion. Councilman Walker SECONDED the There was no public comment. added that the auction is set orlOctoic bers Director Kornelis wanted to set it for October 6, 1990, but t3' 1990- He had needed more time to clear those items the he police Department had not received the Police Department - list had for auction. like to go with the list as it a list as He designates the Police Departmentappears in the yet' He would confiscated and surplus items.1items as ��Policekepatme t Councilman Walker stated that there have Of computers, office equipment, etc. He been numerous upgrade, but thinks Administration should purchases understands the need to is purchased. City Manager Brighton ad be more careful of what merchandise is advertised as no ded that all the guarantee or warranty. VOTE: There were no objections to unanimous cons ent. 80 ORDERED. C-7, Resolution No. Proposal for a Fire6Traininorizing Submission of a Kenai, and Reserving g Facility to be Located in MOT=ONa g Lands for Such Purpose. Councilman Smalley MOVED for approval of Councilman Walker SECONDRD the motion. Resolution No. 90_ 56 and There was no public comment. will vote for the a Councilwoman Monfor stated that she City is pproval, but finds it hard to believe that th for the giving them $1 million and still has to s e project. Councilwoman Swarner stated thatshe a proposal. comments during her campaigning that the administration received better inform the citizens of the Cit istration needs to information. Y They were wanting more 0 KENAI CITY OCTOBER 3, PAGE 10 COUNCIL MEETING 1990 Mayor Williams stated that the Economic Development District is looking favorably at procuring a grant to pay for the water and sewer services to the facility. Also, that money will be taken from the Airport Fund for purchasing the land. Councilman Walker complimented those who put the proposal together. He believes they did an excellent stated that he is aware of two other proposals thatMayor haave beelniams submitted. None meet the magnitude of the City of Kenai's proposal. VOTES Councilman Smalley requested UIWIlloug CONSENT. Objections. s0 owunD. D-1. Council on Aging Councilwoman Swarner reported Council on Aging this month. Committee are reviewing eight architects. At their meeting interview. There were no that there will be a meeting The Congregate Housing Design proposals submitted by Alaska tomorrow they will decide on of the who to Senior Citizens Director Porter added that one of the members of the Design Committee will be out of town for an extended time. She would like Mr. Guy Moore to be named to the Committee as a substitute. There were no objections. Clerk Freas should write the appropriate letter to inform Mr. Moore of his appointment. D•-2. Airport Commission Councilman Measles stated that the minutes of their last meeting are included in the packet. Airport Manager Ernst added that the fuel tax resolution that was removed from the agenda at the last Council Meeting will be before the Airport Commission, in a different form, at their next meeting. Councilwoman Swarner added that during her campaigning, she asked citizens how they felt about paying a long-term parking fee. Response was heavy to Pay a fee. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 1,2 well. The dance had approximately 250 people attending. He stated that his employees at the Center did a really fine job and that he is very proud of them. Mr. McGillivray added that when the crew went tet it nteturn i ed the water off at the memorial Park tfolentthe and alvanized grate that�goesyover found that someone had s g the pump area. They will have to order a new there one. Until working they will rig the Christmas tree placed manner. Also, the flagpoles are up at Triangle Park. and storageLighting building have to be placed next Spring. The pavilion rage are coming along very nicely. At the state association meeting in Fairbanks, Bill Musson was elected to the ARPABoard tand Mr. McGillivray was appointed as a per representative Northwest Regional Council. Councilman Measles asked what it would take to put lighting a the flagpoles. It was thought that an underground power line was situated through that property. Public Works Director Kornelis stated that there had been a pole there, but it was removed. City Manager Brighton suggested placing a light on one of the light poles across the gtreet and positioning the eis ili light tto eto shine on the flagpole. Public Works Director K ore the possibility of getting light at the flagpoles. Councilwoman Monfor stated that she really appreciated the informative memorandum which the inks & Recreation Department placed in the packet the last meeting. D_7. pianning & Zoning Commission Councilman Smalley reported that their latmeeting was apwas held on September 26, 1990. A home occupationpermit Also, they discussed changes needing to be made in the Comprehensive Plan. They are planning a work session to review the Plan. The Borough will assist in funding andainige The Commission is aware of the importance getting thePlan updated. The Commission will need a new member since Mr. McComsey will be leaving the Commission to be sworn in as Councilmember. Mayor Williams reviewed names of Zoninplicants �lable for Councilman appo intment to the Planning & g Commission • • KENAI CITY COUNCIL MEETING OCTOBER 31 1990 PAGE 11 Discussion followed regarding the long-term parking area. Mayor Williams suggested that Airport Manager Ernst examine the possibility of purchasing a hand-held computer to keep record of license plates. D-3. Eaonomia Development Commission Mayor Williams referred to his memorandum included an ordinance placed as New Business. Public hearing for the ordinance will be at the October 17, 1990 Council Meeting. Purpose of the ordinance is to sunset the Economic Development Commission, D-4• Harbor Commission Councilman Walker stated that the next meeting is set for October 15, 1990. Also, he believes they are one commissioner short. Mayor Williams stated that he reviewed a memorandum the City Clerk prepared that gave meeting history of the Commission for the past year. The Commission has a full panel. There just have not been constant well -attended meetings. Mayor Williams is to send a letter to the Commission to urge them to attend meetings more regularly. Clerk Freas is to send a copy of her memo with the history of the Commission to Councilman Walker for his information. D-5. Library Commission Councilwoman Monfor stated that there will be no Library Commission meeting this month due to the election. She added that the Peninsula Historical Society will be meeting on Saturday at 9:00 a.m. at the Library. Mayor Williams asked if Councilwoman Monfor is keeping in touch with the Bicentennial Committee. Councilwoman Monfor answered yes, the Committee had been invited to the meeting. Mayor Williams added that he was invited and spoke to students at Mt. View Elementary School regarding the Bicentennial. They are involved in a project for the Bicentennial. D-6. Parks & Recreation Commission Councilwoman O'Reilly stated that the next meeting is scheduled for October 11, 1990. She added that the open house was wonderful. Parks & Recreation Director McGillivray added that tenth anniversary celebration of the Recreation Center went real KENAI CITY COUNCIL MEETING OCTOBER 31 1990 PAGE 13 Smalley reminded Mayor Williams that Mr. Nick Miller has an application on record. It was expected that he would be appointed the next time a seat became available. Clerk Freas is to contact Mr. Miller and ask if he is still interest in an appointment to the Planning & Zoning Commission. If he is, a letter of appointment needs to be sent. D-8. Miscellaneous Commissions and Committees a. eeautilication Committee Councilman Walker inquired about the minutes of the September 111, 1990 Beautification Committee wherein it was decided to drop placing banners in the summer and put the money into buying more flowers, concrete for the flagpole settings, and new Christmas decorations. Mayor Williams stated that he has received comments from the public requesting that more banners be placed. Perhaps some direction should be given to the Beautification Committee to buy more banners. Councilwoman Swarner stated that the banners that were taken down are in very bad shape. The Bicentennial Committee will be buying banners. Councilwoman Monfor stated that they will be buying banners with bicentennial dates on them. Their budget will not allow them to buy banners to place all over town. Councilwoman Monfor suggested that she speak with the Bicentennial Committee at their next meeting. Councilwoman Swarner added that if new banners are purchased,_ they need to get equipment to put them up and take them down. Councilman Measles suggested that different brackets be purchased. Public Works Director Kornelis is to check with the City of Soldotna and find out what kind of brackets they are using as their banners have no problem in the wind. Councilman Walker asked about Item 5 of the Beautification Committee minutes where it speaks about landscaping a small park and and behind Craycroft Chrysler. Mayor Williams stated that p this proposed project was brought to his attention. He advised Mr. Winston of the Council's intention to use that property for the Fire Training School proposal. Clerk Freas is to forward file information to the Beautification Committee as,to the plans • for this area. I'. u • KENAI CITY OCTOBER 3, PAGE 14 IT COUNCIL MEETING 1990 Regular Meeting of September 190 1990. The minutes were approved by Consent Agenda. 9/25/90 Mayor D.Gilman letter to B.Brighton regarding Kenai Peninsula Borough Assembly ordinance authorizing the Borough to undertake tourism promotion on a non- areawide basis. The letter was discussed as to the unfairness and legality of the Borough undertaking tourism promotion on a non-areawide basis. Mayor Williams will write a letter in answer to Mayor Gilman's letter. Councilwoman O'Reilly added that she attended a meeting of the Alaska Visitor Association where the Borough explained their plans. Councilman Walker added that in speaking with members of the Assembly, they are wanting to get money to visitor centers to promote areas outside the cities. This is in lieu of building visitor centers outside cities for the same services. IT� OLD BVBINE88 There was no old business. H-1. Bills to be Paid, Sills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion and requested ZJNMIM008 CONSENT. There were no objections. So ORDERED. H-2. Purchase Orders Exceeding $1,00o i • ItENAI CITY CpUI-iCII, MEETING OCT013ER 3, 1990 PAGE 15 M0TZON1 Councilman Measles MOVXD for approval purchase order,to Quality Asphalt of Pavin H-2 to include a in the amount of $2,9oo.00. Councilman dated October 1, 1990 motion. an Smalley SECONDED the Discussion followed regarding the patch Works Director Kornelis e p work to be done. public Candlelight and Spur 8nd Highland jthat,the patch work on S the intersections, o increase the radius Ofur wash out damage. Theree wasSothet patch work is needed due to needed (intersection of Forest anddpinessEan as to wider -radii the Kaknu). East Aliak, Kiana, VOTRI Mayor Williams asked if there were ob ec unanimous consent. Councilman were jections to the request for Walker: No WalObjected. Measles: yes Swarner: Yes Williams: Yes O'Reilly: Yes Monfor: Yes Smalley: Yes MOTZOX VJWSZD. 8.3• ordiaanOe Wo. Revenues and Appropriations - Increasing Estimated Sewer Treatment Modifiby $1• coo, Ooo in the Project Fund. cations - 1990 Capital Approved by Consent Agenda. B -41 ordiAanoe No. Revenues and AZ�Oa-9p - Increasing Estimated General Fund asps Result ororiatiog ay $7.125 in the Library Grant. Approved by Consent Agenda. Ordiaanoo Ho, 140"90 .. Code Chapter Repealing Kenai Municipal Development Conmission.a ' Advisory Economic Approved by Consent Agenda. KENAI CITY COUNCIL MEETING OCTOBER 31 1990 PAGE 16 Z-6,, Liquor License Approval - Thai House/George and Chiamchit Tweedy Approved by Consent Agenda. g..7. Discussion - Dedication of Adjoining Ten Acres to Fire Training Facility for People Count, Inc. for Educational Facilities. Mayor Williams reported that wameeting City towith setthe aside ten count organizations They ould like the acres of property across Marathon Road from the situatedTraining Facility forty acres. Their facility isnow Kenai Elementary School Building. The School District is moving toward needing the school again. They moved in their Alternate School program this year and are the ten acresto besetaside ntothe school now. People Count is requesting r for them on which to build a new facility. They plan to write grants to procure the monies needed to buildthe facility. They will need to have the property in order to Mayor Williams stated he would ask Council. Councilwoman Monfor stated that the Kenai Mall will be vacant and it is already built. She stated that she is not ready to set aside property for them at this time. thatre are hethoughteit mightBbeo at which look. Mayor Williams added t a nice addition. The City's share would be approximately $50,000 (the cost of the property). Councilman Walker stated that oto offerle Count rogramsgood thatjob coincide the community. They may be able P with the Fire Training and Cold Water Recovery facility. Councilman Measles stated itleasing he He would also prefer the City g theland totheFire Training/Cold Water Recovery Facility also. Mayor Williams asked that a resolution be brought before Council to set aside that land for that Somethincular e thatswhichthat was se�People Count can look for funding. g lik aside for the future use of the Air National Guard. Councilman Smalley agreed with Councilman Measles in that he does not believe that they should give up the title of the land. • ' • • • KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 17 it was decided that Administration should bring a resolution before Council setting aside ten acres of land. Councilman Smalley added that grant programs do not fund if the grantee does not own the property. Public Works Director Kornelis and Finance Director Brown agreed. Also it was discussed that there may be a problems with the City making a large donation to one entity. It was decided that the resolution to be brought to Council should be generic, not naming any specific program, but holding the land in reserve. H-8. Discussion - Dan Hakkinen Bluff Property. Mayor Williams reported that he spoke with Mr. Hakkinen regarding the City purchasing the bluff property. He stated that he must have misunderstood the price quoted to him the first time they talked. The price now asked is $155,000 which is three times more than the Mayor is willing to give. There has been no more discussion at this time. City Manager Brighton reported that Mr. Dale Dolifka has approached him in regard to the City's purchase of the Louisa Miller property along the bluff. Mr. Dolifka owns the property, but wishes to sell it. The property includes a house and other out buildings. He is asking in the area of $100,000 for all of it. Mayor Williams is to talk to Mr. Dolifka. H-9. Discussion - Stream Rehabilitation and Fraying Area. The discussion should read "Stream Rehabilitation and Frying Area.' Mayor Williams stated that this discussion would have coincided with the Hakkinen property discussion. Councilwoman Swarner stated that she thinks the City should give some thought to planting grass along the bluffs and streams to stop the erosion. H-10. Approval - Rate Changes at City Dock. City Manager Brighton stated that the rate changes reflect what is happening in the oil and gas market. KENAI CITY OCTOBER 3, is PAGE 18 MOTIONS 0 COUNCIL MEETING 1990 Councilman Smalley MOVED for approval of H-10 and Councilwoman O'Reilly SECONDED the motion. There were no objections. 80 ORDERED. H-11. Approval - Airport Taxiway A-2 to Granite Point Drainage System - Wince-Corthell-Bryson Inspection for Not -To -Exceed $1,700.00. MOTION: Councilman Smalley MOVED that the City of Kenai enter into an agreement with Wince-Corthell-Bryson for them to provide engineering services (design and inspection) on the project entitled Airport Taxiway A-2 to Granite Point Drainage System for total not -to -exceed amount of $1,700.000 according to the attached proposal." Councilman Walker SECONDED the motion. There were no objections. 80 ORDERED, ITEM Is A MINIBTRATIQI REBORTB I-1. Mayor Mayor Williams requested that a work session be scheduled in regard to Thompson Park. The discussion would be whether or not to go ahead with water and sewer utilities to that area. The work session was set for Thursday, October 25, 1990 at 7:00 p.m. in the Council Chambers at City Hall. Residents are to be notified of the work session. I-2. City Manager No report. I-3. Attgruey Deputy City Attorney Graves reported: a. The Vesta Leigh trial has been postponed indefinitely. b. He will be attending a seminar on hazardous wastes the week of October 23, 1990 in Washington, D.C. City Attorney Rogers approved the trip prior to his departing on his extended leave. KENAI CITY COUNCIL MEETING OCTOBER 31 1990 PAGE 19 c. The demolition of the Harbor View will begin with a planned burn by the Kenai Fire Department after the finalization of the settlement with one of the owners of the property. Fire Chief Burnett added that they plan interior attacks prior to burning the building to the ground. 1-4. City Clerk Clerk Freas reported that the election was completed last night. Canvassing of the absentee/challenged ballots will take place pursuant to Code on October 9, 1990 at 10:00 a.m. Certification of the election will be before the Council at the October 17, 1990 meeting. I-5. Finance Director Finance Director Brown reported that financial statements were distributed to the Council with their packet. Also, he.referred • to Councilwoman Swarner's question of the introduction and adoption of an ordinance in June, compared to the action taken on Ordinance 1403-90 earlier this meeting. Mr. Brown explained that a grant was received about June 16 or 19, An ordinance to .accept the grant was hand -carried to the Council. There was not time to advertise for a public hearing to take place at the same meeting. A special meeting was needed to advertise the public hearing, and adopt the ordinance to accept the grant prior to the and of the fiscal year. -6. Public Works Director - Public Works Director Kornelis reviewed his memorandum handed -out to Council earlier in the meeting.. The memorandum reports the progress of the following projects: a. City Auction. Discussed earlier in the meeting. b. Old Town-Upland/Highland Project. The project will be completed this year. c. Airport Taxiway A-1,& A-2 Pavement Overlay. Substantial completion was.10/l/90. Contractor has some clean-up, etc. to complete. Final inspection will be the first of the week. d. Airport Taxiway A-2 to Granite Point Drainage. Completion to be prior to 10/31/90. The contractor on the project.wa,nted $27,950. The low bid was $13,923, Resolution No. 90-53 awarded the bid to Jackson at a savings of $14,027. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 20 e. Park Shelter. The concrete and block work is complete. is in be nshouldroofing Metal frame work place placed this week. The project m f. before the end of next week. Wildlife Viewing Area/Boardwalk. TheareMajin and will be placed after the ground frpilings havebeendonated. materials have been ordered. Some Heavy -Duty Multi -Purpose Truckopening is g. 10/11/90 and the Council on 10/17/ 90wardlnesolution addition toltheeotherre the City owns now will fit on attachments, a nose plow h. the truck. Heavy -Duty Dump Truck Bodies. To replace three worn i. out bodies. Bid opening set for 10/11/90. STP Modifications. CH2M Hill estimates the project to cost $1,3101000, way over Public Works estimated of • Some changes have beento reduce the $917,000. costs. Sketches are being redone. Anew requirement 0 for a scrubber is required by the new fire code and in. The scrubber costs approximately must be added J. $100,000. Congregate Housing Facility. Discussed broughtthe evening. Hopefully, a recommendation willearlier k. to Council 10/17/90. Rainey, Banners. Removed on Sunday at e:00 a.m. by R. J. Vaughn of HEA and Councilwoman Swarner and K. 1. Kornelis. Bid awarded by Warm Storage Building No. 2/Insulation. Resolution 90-54 to Chumley for $19,700. New Street Lights. Eleven street lights were removed -- m. from the back side of Inlet Woods. They will be given to HEA to get started on the street light project. Work should start within 30 days. Senior Center Dining Room Addition. Work progressing. n. Rough -in inspection tokuplace. Sidingibeing Roof in is painted before shipment detoweather. o. expected any time. Library Interior Painting. Discussed earlier in the meeting (B-1) . 1•7, Airport Manager Airport Manager Ernst reported that an emergency disanecester ry�oll took place on September 30, 1990. The drill receive certification. Mr. Ernst commended the Fire Department and their abilities. Also thanks to the victim volunteers and KENAI CITY OCTOBER 3, PAGE 21 donations some weak critiqued. KTM J-1. COUNCIL MEETING 1990 of air cargo companies of Dare indtheginese process ofrbeinge points in the drill. y Citizens No comments. J-2. Council • �� Councilman Walker - Congratulations to Linda Swarner and Art McComsey for their election victories. Councilwoman swarner - While taking downbanners woodenSunday# Ron Rainey (HEA) suggested that if the y places poles across the street from each other coming into town for hanging of "Welcome to Kenai," "Homecoming Week," etc. banners, HEA would hang the banner at no cost. Councilwoman Monfor - She will not beat then xtmameeting. She stated that she has enjoyed working with O'Reilly and wishes her success in her campaign. Councilman Measles - No comments. Councilwoman O'Reilly - Congratulationsto Linda aheSwarner amount of Mr. McComsey. Reflections of her time on special meetings have slowed down since her first year. She has enjoyed her experience. Councilman Smalley Art McComsey. Hopes to Councilmen Smalley also diligence, punctuality, Council agreed. - Congratulations to Linda Swarner and see Councilwoman O'Reilly in Juneau. commended Finance Director Brown for his good investments and sound advice. Mayor Williams - Congratulations toLinda McComsey. He looks forward to working. with Councilwoman O'Reilly in Juneau. Councilman Smalley remarked to Mayor Williamsin regard tob is it letter to Council of 9/28/90. He asked how soon KENAI CITY OCT088R 3# PAGE 22 COUNCIL MEETING 1990 prudent to deal with the issue. Mayor Williams nstate Civet mere sho should be Council discussion Counciimaneither Smalley added the session or general meeting. a pointMOnt could be made during a general m suregwhatatheY do is. illiams stated that it is important to done correctly. Finance Director Brown statedhts that uld be included - Councilwoman dealing with an individual they discuss the matter in Monfor suggested ated that their ionprior ofatheoitemwould d be November, Mayor Williams st rescinded or they could start anew. meeting iinuNovember. be appropriate for their first MOTION$ Councilwoman Swarner KOVED for adjournment. There were no objections. 80 ORDERED. Meeting adjourned at approximately 10:30 p.m. M nutes t nsc bed by: Caro L. reas, C ty C ark 10/11/90 • a aa: