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HomeMy WebLinkAbout1990-10-17 Council Minutes. AGENDA ICBNAI CITY COUNCIL - RX90LAR 118ETIN6 OCTOS�R 170 5980 1. Pledge of Allegiance 2. Roll Call 3. Certification of Election 4. Swearing In of Newly Elected Councilmembers 4. Agenda Approval 5. 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. Be SCHEDULED POHLIC COIOtEM (10 Minutes) 1. Carr-GOttstein Representative/Carr-Gottstein Lease C. ROBLIC AMINGS I. Ordinance No. 1401.90 - Increasing Estimated Revenues and Appropriations by $1,000,0o0 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. 2. Ordinance No. 1402-90 - Increasing Estimated Revenues and Appropriations by $7,125 in the General Fund as a Result of a Library Grant. 3. Ordinance No. 1404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission." 4. Re8olution No. 90-57 - Confirming the Assessment Roll on the Fathom/Toyon District and.Fixing Payment. S. Resolution No, 90-58 - In Support of the Construction. of an Educational Facility in the City of Kenai and the Reservation of Ten Acres of Airport Lands for That Purpose. 0 • 6. Resolution No. 90-59 - Transferring $10,885 in the General Fund for Purchase of a Heavy -Duty Multi -Purpose Truck. 7. Resolution No. 90-60 - Awarding the Bid for "Three Heavy -Duty Dump Truck Bodies" to Bob's Services for a Total Amount of $22,500.00. S. Resolution No. 90-63L - Awarding a Contract for Architect/Engineering Design on the Project Entitled, "Kenai Congregate Housing Facility" to Livingston Slone for the Not -To -Exceed Amount of $226,000. 9. Resolution No. 90-62 - Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. 10. Resolution No. 90-53 - Awarding the Bid for a "Heavy - Duty Multi -Purpose Truck" to Trailer Craft for a Total Amount of $130,885.00, which Includes the Basic Bid of $137,585.00 and Deductive Alternate No. 1,-$6,700.00. 11. Resolution No. 90-64 - Indemnifying Police officers David Hoffman and Jesse Rouse for Any Damages in the Case of Kenneth W. Cole v. Nathan A. Callahan.. David Hoffman and Jesse Rouse, Superior Court Case No. A86- 323 CI. D. ganx88ION/CQ=XTTxE R ?8=8 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 8. Miscellaneous Commissions and Committees s. 1. *Regular Meeting of October 3, 1990. F. MR-80PONDENCE lb Q. OLD H08INEB8 - 2 - 8. NEv BUBINBBB 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1405-90 - Amending KMC 11.05.010 and KMC 11.05.030 to Correct Ambiguities Regarding the Procedures in Setting Regulations and Rates at the Harbor. 4. Discussion - National Recreation and Park Association/50 State Society 5. Discussion - Amending Kenai Municipal Code Regarding Water and Sewer/Payment on Unoccupied Residences and Residences not Hooked Up. 6. Discussion - Potential Plan for Ice Skating Rink (Creation of Investigating Committee) 7. Approval - Petition to Vacate Ten -Foot Utility Easement Within Easterly Boundary Tract A, Central Heights Fourth Addition, Plat No. 88-54 KRD. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk • 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens 2. Council • • KENAI CITY COUNCIL MSETIN4 Minutes of October 17, 1990 RENAI CITY HALL MAYOR JOHN J. WILLIAMB, VREBIDING Mayor John J. Williams called the Meeting hambersorder in the Kenai City approximately 7:00 P.m• in the Council Hall Building. A-& * PLE-DON 0B ALT a= C Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . ROLL GALL Roll was taken by the City Clerk. Present were: Smalley, Swarner, Measles, Williams, O'Reilly. y Absent was Councilwoman Monfor and Councilman Walker. A-3. C=TI2'ICAT=ON Or ELECTI Mayor Williams read the Certification of Election as it appeared in the packet. MOTIONS Councilman Smalley MOVED to certify the Councilwoman Oion 'Reilly of the Regular Election of October 21 1990 and SECONDED the motion. Councilman Smalley requested UNANIMOUS CONBENT. There were no objections. BO ORDERED. Mayor Williams read a Proclamation to Councilwoman O'Reilly in honor of her work for the City of Kenai during her term as councilmember. Mayor Williams also Pow®�o�$ting Councilwoman pure. O'Reilly with flowers and a plaque Councilwoman O'Reilly stated thatCitithad gandgr extreme thanked all the pleasure to serve on the Kenai y Council people in the city administration for their help. Mayor Williams administered the Oath of Office to Linda Swarner and Art McComsey. Mayor Williams stated that another matter had come to their attention. He directed their attention to Timothy J. Rogers' letter of resignation, dated October 140 1990, which was received to prior- to the meeting. (A copy of the letter all council and administration prior to the meeting.) Mayor, • KENAI CITY COUNCIL MINUTES October 178 1990 Page 2 Williams read the letter of resignation into the record. The resignation is to become effective October 31, 1990. Mayor Williams requested approval from Council. MOTION: Councilman Measles MOVED to accept the resignation of Attorney Timothy J. Rogers, effective October 31, 1990 and Councilman Walker BECONDBD the motion. There were no objections. Bo ORDERED. A-50 . Mayor Williams requested the following changes to the agenda: REMOVE: B-1, Carr Gottstein ADD: As C-12, Resolution No. 90-65, In Support of of Kenai Hosting the 1991 Annual Conference Alaska Association of Harbormasters and Port Administrators, Inc. 'LOTION: the City of the As I-1, Kenai Peninsula Caucus information; Hospice Open House invitation; 10/12/90 KPB letter regarding the Kenai Peninsula Borough 1991 Legislative Priority Book, Councilman Smalley MOVED for the approval of the amended agenda. There were no objections. BO ORDERED. A-6. Mayor Williams requested the following change to the Consent Agenda: ADD: As N-Sr *Games of Chance and Skill - Kenai Child Development Center, d/b/a Kenai Cooperative Preschool. KHMI CITY COUNCIL MINUTES Ootober 171 1990 Sago 3 MOTIONS Councilman Smalley MOOED for approval of the Consent Agenda as amended. Councilwoman Swarner BECONDED the motion. There were no objections. SO ORDEROD. 8• ACREMIND VVIL=9 990 1 (10 Minutes) Carr-aottstein RopresentatiVO/Carr-aottstein Lease Removed from Agenda. C-1. Ordinance No. 1401-90 - Increasing Estimated Revenues and Appropriations by $i,000,000 in the Sewer Treatment Plant Modifications► - 1990 Capital Project Fund. XOTIONs Councilwoman Swarner MOVED for approval of ordinance No. 1401-90 and Councilman Measles SECONDED the motion. There was no public comment. Mayor Williams asked Director Kornelis what the total cost of the project is estimated to be. Director Kornelis stated that the project was estimated at $1 million. However, this amount will probably be short. The project is on schedule. Mayor Williams stated that the federal government has mandated changes to the water and sewer facility. The government has offered no resource for funding for the project. A new.plant operator will also need to be hired to handle the increased work load. Director Kornelis added that every five years, the sewage treatment plant must have their permit renewed. This year, in getting the renewal, there are new restrictions which means the modifications must be done. The City of Kenai has secondary, treatment for the sewage. Chlorination or ultraviolet treatment has been studied. Director Kornelis.stated that chlorination was chosen due to lesser cost involved, even with having.to purchase a scrubber to be used in correlation with this process. A study is available in his office for anyone to look through. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 4 VOTE: Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: No MOTION PASSED. C-a. Ordinance No. 1402-90 - Increasing Estimated Revenues andAppropriationsby $7,125 in the General Fund as a Result of a Library Grant, MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1402-90 and Councilman Smalley SECONDED the motion. toThere was no public or Council comment. VOTE: Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes MOTION NABBED UNANIMOUSLY. C-3, Ordinance No. 2404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission." Councilwoman Swarner No for adoption of Ordinance No. 1404-90 and Councilman Smalley SECONDED the motion. There was no public or Council comment. VOTE: Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes MOTION PARSED UNANIMOUSLY. C-4• Resolution No. 90-57 - Confirming the Assessment Roll on the Fathom/Toyon District and Fixing Payment. ZXNAI CITY oatobor 17, Page S MOTION$ COUNCIL MINUTES 1990 Councilman Smalley MOVED for approval of Resolution No. 90-57 and Councilman McComsey SECONDED the motion. There was no public comment. It was noted by Administration that none of the eleven people affected by the assessment commented on the assessment. Councilman Walker asked when the 12% assessment amount was decided. Mayor Williams answered that it was at the time it was decided to do the paving. Approximately two years ago. VOTES . Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: No MOTION PASSED. C-g• Resolution N0. 90-58 - In Support of the Construction of an Educational Facility in the City of Kenai and the Reservation of Ten Acres of Airport Lands for That Purpose. MOTION$ Councilman Smalley MOVED for approval of Resolution No. 90-58 and Councilman McComsey SECONDED the motion. There was no public comment. Councilman Smalley stated that he understood that the resolution would not speak to a specific location. Mayor Williams stated that they discussed the ten acres of airport lands, but not a specific educational entity. VOTE$ Swarner: Yee Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes . MOTION PASSED UNANIMOUSLY. Re801ution No. 90-59 - Transferring $1o,8s5 in the General Fund for Purchase of a Heavy -Duty Multi --Purpose Truck. , MENAI CITY COUNCIL MINUTES OOtOber 17, 1990 Page 6 MOTION: Councilman Smalley MOOED for approval of Resolution No. 90-59 and Councilman Measles SECONDED the motion. There was no public comment. Discussion followed with Council. The resolution allows a transfer of $10,885 from the Equipment Replacement Reserve to cover the difference between the budgeted amount of $120,000 and the $130,885 bid that was received to purchase the multi -purpose truck. Director Kornelis stated that the cost of the bid increased due to the cost of the attachments the Council wanted the truck to include. Councilwoman Swarner stated that she was not ready to tap into the Equipment Replacement Reserve at this time. Councilman Walker referred to Resolution No. 90-60 and the cost of $7,500 for a truck body. Director Kornelis stated that they are different kinds of trucks. Councilman Walker stated that he felt the bid should be thrown out and the item be re -bid even by going outside the state. Director Kornelis stated that the companies taking out bid packages have connections with outside firms, Director Kornelis explained further that the sanding truck is now in the shop. He had requested to budget for a new sanding truck. The Council wanted to budget for a multi -purpose truck with interchangeable attachments. Mayor Williams added that the Council set up the $300,000 Equipment Replacement Reserve for. replacing machinery in the future. They were not expecting to tap into the reserve quite so soon. VOTE: Swarner: No Monfor: Absent Measles: No McComsey: No Smalley: No Williams: No Walker: No MOTION !AILED UNANIMOUSLY. Discussion continued. It was suggested that the money be appropriated from the contingency fund. Manager Brighton stated that administr0tion had discussed the need for the $10,000 extra and thought that the reserve account was a more appropriate place from which to transfer the $10,000. Councilman Measles stated he understood the reserve account was set up for replacing equipment but not for cost overruns. Councilwoman Swarner agreed. The KENAI CITY COUNCIL MINOTE8 October 17, 1990 Page 7 possibility of re -bidding the truck was discussed. Director Kornelis stated that it could be re -bid, however bid specifications they f are behind now in getting a truck for the winter. stated the truck was to be received within ninety days. He stated that more bidders were expected. His department spent a lot of time drawing up the specifications. if it is regbidl it will be three more weeks before the next will slow the receipt of the truck down more. Mayor Williams suggested rescinding the former motion action and amend the resolution, taking the $1from another �nt to purchase the truck. Councilwoman Swarnerstated torebid.She does not believe extra money should be taken rucould be purchased. from the General Fund. Councilwoman asked if a rebuilt Director Kornelis stated that it would not be cost effective. Director Kornelis added that if the item is re -bid, the specifications may need to bchanged DirectorsBrowneveryone stated thatthere what Trailercraft has bid. Finance is money in the contingency fund. belmadethe changing the third motion for reconsideration could whereas. A RECESS W" TAKEN =IL$ DIRECTOR KORNELIB GOT MORE OF '1TN R BIDDER INFORMATION TO 880A COUNCIL, BREAK AT 7t68 P.M. BACK TO ORDER AT 8:06 P.M. The bid specification request list eand informationthe booklet from Autocar and Trailercraft were ha Councilman McComsey asked what the City will use for a sander if this truck is not received in time. Director Kornelis stated that the airport sander could sanding Also truck andemountlittto the taking the sander off the9 back of a dump truck. It was noted that the Autocar/Trailercraft booklet stated delivery would take 180 days. Councilman Walker stated that he supported this piece of equipment and additional road maintenance personnel in the budget meetings. However, he is not ready:to spend $15,000 more for a piece of CouncilmantWalkeruld not be suggested received for another six months. either renegotiate the bid or re -bid the project. Councilman Smalley suggested re -bidding. if the price comes back higher, it 40 does not have to be accepted. Councilman McComsey suggested negotiating with the bidder. 1tZNAI CITY COUNCIL MINUTES October 17, 199 0 Page e Attorney Graves stated that as there was only one bidder, it would not be inappropriate to negotiate with that bidder. Mayor Williams suggested sending the bid specifications to companies in Seattle and/or Portland. Councilman Measles suggested making the bid f.o.b. at the point of sale. Council directed Public Works Director Kornelis to negotiate with the dealer and come back to the Council with the best deal he can make. Mayor Williams thanked the Public Works Department for the work they put into the bid specifications. 0-70 Re801uti0A No. 90-60 - Awarding the Bid for "Three Heavy -Duty Dump Truck Bodies" to Bob's Services for a Total Amount of $22,500.00. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 90-60 and Councilwoman Swarner SECONDED the motion. There was no public. Councilman Walker asked how many dump trucks the City owns. Answer was three. VOTE't Swarner: Yes Monfor: Absent Measles: Yes Mccomsey: Yes Smalley: Yes Williams: Yes Walker: Yes MOTION NABBED UNANIMOUSLY* C-8. Resolution No. 90-61 Awarding a Contract for Architect/Engineering Design on the Project. Entitled, "Kenai Congregate Housing Facility" to Livingston Slone for the Not -To -Exceed Amount of $226,000. NOTIONS Councilwoman Swarner MOVED for adoption of Resolution No. 901-61 and requested UNANIMOUS CONBnf. Councilman Smalley BECONDmmD they motion. Mayor Williams objected to unanimous consent for discussion purposes. Public comment began with Mr. Herb Wilborg, Chairman of the Congregate Housing Design Committee speakingg Mr. Wilborg introduced other voting members of the Committee who were in the i KWMI CITY COUNCIL MINUTES October 37, 1990 Vag* 9 audience. They were Betty Warren, Guy Moore, Carol Geordge, and Rosemary Weise. Others involved with the selection, but not voting members were Pat Porker, Keith Kornelis and Linda Swarner. Mr. Wilborg added that there were eight proposals received, three companies were interviewed and the selection was made by secret ballot. There were no Council questions. Bill Kluge of Kluge & Associates spoke next. Mr. Kluge was one of the eight proposals submitted, but was not one of the three companies interviewed. Mr. Kluge passed out specification booklets of other projects in which he has been involved over the years. He stated that he understood that the Committee did not feel that he had the appropriate experience for a project such as this. He acknowledged the work which the Committee put into the selection, but believes they are mistaken in regard to his experience. He requested the Council interview him at this time or set up interviews of his company and the other three companies already interviewed. Mayor Williams requested a few moments of time for the Council to look over the specification booklets Mr. Kluge passed out. Councilwoman Swarner added that she had Mr. Kluge's proposal available for anyone wanting to look at it also. Betty Warren, P.O. Box 116, Kenai spoke next. She introduced herself as one of the members of the Committee. Ms. Warren stated that the Committee read over all eight of the proposals. They discussed Mr. Kluge as his firm is from this area. She also stated that Livingston Slone has people involved in the project - in their proposal who are also from the area. She expressed hope that the Council would take into consideration the work the Committee put into checking through the proposals. She expressed hope that the Council would consider and respect the wishes of the Committee. Councilman Smalley stated that he has confidence in the Committee and stated he felt they did an outstanding job. He is very much satisfied with the work of the Committee. There was no more public comment. 2 • • XP=I CITY COONCIL MINUTES Ootober 171 1990 Page 10 VOTE: Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes MOTION PASSED VNANIMOVSLY. The contract was awarded to Livingston Slone for the not -to - exceed amount of $226,000. Director Kornelis introduced Mr. Livingston, Thor Evenson, Mark Blanning and Phil Bryson, Mr. Kornelis added that the design is to be for forty units. Hopefully by the time they are ready to build, the legislature will have funded the extra ten units. If not, the additive alternate allows a shell to be built where those ten units are to be placed. C-9. Resolution No. 90-62 - Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-62 and Councilwoman Swarner SECONDED the motion. There was not public or Council comment. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. C-10. Resolution No. 90-63 - Awarding the Bid for a "Heavy - Duty Multi -Purpose Truck" to Trailer Craft for a Total Amount of $1301,885.00, which Includes the Basic Bid of $137,585.00 and Deductive Alternate No. 11 -$6,700.00. Mute and removed due to action on Resolution No. 90-59. C-11, Resolution No. 90-64 - Indemnifying Police Officers, David Hoffman and Jesse Rouse for Any Damages in the. Case of Kenneth W. Cole v. Nathan A. Callahan, David Hoffman and Jesse Rouse, Superior Court Case No. A86- 323 CI. Raw CITY COUNCIL MINUTEe October i7, i990 Page li MOTION= Councilwoman Swarner MOVED for Councilman Smalleyadoption requested UN,�IMO 8C0 8�. the motion. Public comment. 8o ORDgRBD. There were CIM12 0 Resolution Hosting the Association Inc. MOTIONI Of Resolution 90_64 and Councilman Measles no objections and no No. 90-68 as in Su pport1991 Annual Conference °of the City Of Kenai of Harbormasters & port Ad the Alaska ministrators, Councilman Walker MO asked for O�NIM008 Cp B�N°Tr. approval of Resolution motion. Councilman Measles 8EC0� 90•-65 and ThereLADED the were no public co the financial obligations would Councilwoman Walker answered that at this td be to Swarner asked what responsibility ime an estimateyo Councilman conference inY °f the City is not known, f the financial Years. Kenai has been in the However, holding Siaentenniawas l celeanned to hold the conference sta e the bratfon. renCe ing for thrin consists of approximatel He added that in the Kenai during the represented has absorbed the 4 people. eo le. past, the meeting p Each municipality suggested that the City arrange for °f their delegates Councilwoman Swarner as r buying one luncheon. He together and if an asked who would be attending Y of the City of Kena3A8tting the packet packet for the conference. employees would be the upcoming Councilman Walker stated that th be a large amount of workeeting is two pages so the e Packet for the 1991 conrerenceed on administration toef rni not Kornelis, and Swede Frieden willHe added that he, Keith a be attendingith Councilwoman Swarner stated she the conference, hinks encourage conferences to come to Renal it Kenai. a good idea to VOTRI Councilman McComse °bjections. Y requested BAN=MOUE CONe 8o ORD$RED6 . There were no ORB" AT 8836 p.M. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 12 RETURN TO ORDER AT 8152 B.M. D-1. Council on Aging Councilwoman Swarner reported that the minutes of their last meeting were included in the packet. She added that the Congregate Housing Design Committee will meet again on Tuesday at 10:00 a.m. They are discussing placement of dishwashers, types of windows, key vs. keycard locks, showers vs. bathtubs in the apartments. They are divided as to their decision. Councilwoman Swarner asked for Council direction. Director Kornelis added that the architect will bring five or six different examples for the committee to review and will be there to help them make their decisions. Mayor Williams added his preferences as to locks and windows. It was also noted that each apartment will be metered separately for electricity. D-2. Airport Commission Councilman Measles stated that he was not at the last meeting and the minutes are not in the packet. One matter discussed was the request brought to the Commission regarding selling pull tabs at the airport. The Commission recommended to Council that selling items such as this should not be allowed in the airport. Councilman Measles suggested that Airport Manager Ernst to the airport terminal manual, the prohibition of selling pull tabs, etc. in the airport. MOTION: Councilman Measles MOVED that selling pull tabs, and the like, be prohibited in the airport and that Airport Manager Ernst add this information to the Airport Terminal Manual. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. Airport Manager Ernst informed Council that the lessee of the gift shop at the airport has requested to place a satellite ticket printer in her shop. This printer will enable her or a customer to call a travel agency, make travel arrangements over the phone, and the ticket will be printed out in her shop. Airport Manager Ernst added that he advised the lessee that there may be travel agency businesses leasing airport space in the future. Discussion continued as to whether there would be a f REMI CITY COUNCIL MINUTES October 17, 1990 Page 13 negative impact on the airport because a travel agency would not .be renting space in the terminal. Councilman Measles added that he did not believe that the airport could support a full-time travel agent. City Manager Brighton stated that the Council could dictate that she use a local agent. Mayor Williams added that it would not be cost effective to use an agent that would require long -distant telephone use. Council had no objections to placing the satellite ticket printer at the airport. D-3. 800nOMic Development Commission Commission sunsetted earlier in the meeting by Council action on Ordinance No. 1404-90. D-4. Harbor Commission Councilman Walker reported that the Commission net on Monday. The Commission was updated regarding the boat ramp. Also they to had a long discussion about support industry at the dock. The Commission will bringing forth proposals to the Council in a few weeks. Also Commissioner Breeden reported on the Kenai River Special Management Area Board. It was noted that there will be a problem for the City in regard to control of the lower five miles of the River. The Harbor Commission will discuss and work up a recommendation for Council at their November 5, 1990 meeting. Councilman Walker also stated that Tommy Thompson, Chairman of the Commission will be traveling to skagway to attend this year's Harbormasters conference.. Councilman Walker also reported that they had an excellent attendance of the Commission at the meeting. Public Works Director Kornelis reminded Council that commissioners need Council approval to travel out of'town to meetings, etc. MOTION: Councilman Smalley MOvND for approval for Tommy Thompson, Chairman of the Harbor Commission, to attend the Harbormasters convention in skagway. Councilmen Walker BECONDBD the motion. It.was reported that Swede Frieden, Dock Manager, will also be attending the convention. RENAL CITY COUNCIL MINUTES October L7 v 1990 Page 14 VOTES There were no objections to the motion. D-5. Library Commission There was no meeting. No report. D-6. Parke & Recreation Commission 80 ORDERED. Director McGillivray reported that the minutes of their last meeting were included in the packet. The Commission is in need of a Council representative and student representative. Councilman Smalley reported that he had discussed the student representative position with Curtis McCubbins and Tom Boedecker, students at KCHS. Both are interested. He will speak with them again. 0 D-7. Planning & zoning Commission • Councilman Smalley reported that he did not attend the meeting. However, he spoke with two commissioners. A home occupation permit was approved. Also, Sylvia Spearow from the Borough Planning Department, spoke to the Commission regarding the Comprehensive Plan, Councilman Smalley asked Parks & Recreation Director McGillivray if a chain could be placed across the Oiler's Park Field road to keep people from using the area as a meeting place. Perhaps it - is the responsibility of the Oilers. Mr. McGillivray stated that it is the intent of the Oilers to place a gate across the entryway. A chain would be a liability. City Manager Brighton added that he understood they plan to place a stem -pipe gate. Mr. McGillivray added that the Oilers have the pipe and are needing it to be welded. Councilman Measles stated that there is another entry on the backside of the park where vehicles can enter. Councilwoman Swarner asked Mr. McGillivray if the municipal park on Forest is closed in the winter. Mr. McGillivray stated that there are campers that stay there until the weather gets too cold. They do not police the park in the winter. If Council wishes them to, he will have it done. RBNAI CITY COUNCIL MINUTED • October 17, 1990 Page 15 D-8, Miscellaneous Commissions amd Comittees No reports. Mayor Williams asked if any members of Council wished to take a different Commission as a Council representative. ''There were no wishes to be rotated. Councilman McComsey will serve as representative to the Parks & Recreation Commission, E-1. Regular Meeting of October 3, 1990. Minutes were approved by Consent Agenda. to' C0 110-PONDENCL There was no correspondence. There was no old Business. R-1. Hills to be Paid, Hills to be Ratified MOTION! Councilman Smalley MOVED to pay the bills and Councilwoman Swarner BECONDED the motion. There were no objections. BO ORDERBD. E-Z• Purchase Orders ffirceeding $1,000 MOTION: Councilman Measles MOVED for approval of Purchase Orders Exceeding $1,000 dated October 17, 1990. Councilman Smalley 88CONDED the motion. KWAI CITY October 17, Page16 COUNCIL MINUT88 1990 Mayor Williams asked Public Works Director Kornelis when the pile that driving is to -start on the boardwalk. Mr. Kornelis answered no date has been set. They are waiting for Mike Swan, a surveyor who has donated his time, to set the posts. He added that he and Jack LaShot will help Mr. Swan when the time comes. It was added that the pile driving should be completed in about five days. VOTB= There were no objections to the motion. 80 ORDERSD. 8-3. Ordinance No. 1405-90 w- Amending KMC 11.05.010 and KMC 11.05.030 to Correct Ambiguities Regarding the Procedures in Setting Regulations and Rates at the Harbor. Approved by Consent Agenda. 0 2-4. Discussion - National Recreation and Park Association/50 State Society it was explained that this project is one adopted by the National Recreation and Park Association. Their goal is to have one acre of park land in each state. They wart to sell one square inch portions of the acre to raise money to create a park system to protect park lands. They will charge $50.00 per square inch. A percentage (perhaps 20%) of the monies raised from the sales will be returned to the donating entity. The onstipulais tion that the -land be set aside for park and recreational will then be leased in perpetaityark and recatioalreaouce to the renrthe rk and recreation department as a p Mr. McGillivray suggested that one acre of already designated park area be donated. Buyers of the square inch piece of land will receive a deed. He believes it will be a great tourist attraction. Since the park would be leased back to the City, there will be'no taxes, needing to be paid to the Borough. Mr. McGillivray suggested one acre of the trail.system behind the Oiler field. Council asked.Attorney Graves who would be financially responsible for the deeds. Mr. Graves stated that' he was looking into that. Mr. Graves was asked to check the Alaska real estate laws determine if this kind of donation and sale is allowable. Council commented that�:•the lobbying efforts of this group may not ., , u f KENAI CITY October 17, Page 17 COUNCIL MINUTES 1990 be in the same philosophical line as the City of Kenai. This may be something to look into. Director McGillivray is to try to get more information. g-s• Discussion - Amending Kenai Municipal Code Regarding Water and Sewer/Payment on Unoccupied Residences and Residences not Hooked Up, Mayor Williams requested that this item be placed on the agenda. He would like to see the Kenai Municipal Code changed because the water cannot be turned off at the request of the owner without continuing to be billed. The City continues to collect payments without actual use of the service. He believes that this is unfair to the property owner. Also, the City collects payments even though a property is not hooked up to water and sewer. Councilwoman Swarner stated that she does not have a problem with a flat rate being charged even though someone may be out of town to for a few months. Finance Director Brown stated ed With HEA. He was told that HEA charges rent for the meter even if there is no usage. Enstar also charges. Director Brown added that since there are no meters, the City has no way of knowing whether a property is hooked up or not or if a customer has turned his water on or off. R-6. Dieouseion - Potential Plan for Ice Skating Rink (Creation of Investigating Committee) Mayor Williams requested this item be placed on the agenda. The voters of Soldotna recently turned down a proposal to develop a second covered ice rink. Mayor Williams has spoken with citizens and the consensus from those talks is that there is a desire for a covered rink to increase ice time for hockey practice, etc. Mayor Williams suggested a Strand steel building approximately 30 ft. long. The building could be multi -purpose. Due to the build-up of the National Guards use of the Armory, that building is often not available for other use. He suggests coordinating with the North Peninsula Service Area and the Borough to help with the funding. Technically, he feels it is a feasible project. Politically, he does not think it as feasible. Mayor Williams requested that a committee be set up to investigate the feasibility of the construction and operation of and ice rink in the City of Kenai. He requested that Councilman Measles be appointed chairman of the committee. Councilman Measles will pick committee members. Mayor Williams referred to KSMI CITY COUNCIL MINUTSB oatober 17• 1990 page I8 �J • a memorandum from Finance Director o nd Brownhich k t The memo speaks to b was included in the pac a He Smalley stated he strongly Supports hand stated Councilman S With the high school hockey Program has been working et ice time for practice. Councilwoman it is very hard to g Mayor Williams added supports the concept• Swarner also strongly rack be part of comment was made to him from someone or track n that a comet sated that an in do hockey. That person sugg roller -blade user or roller skating• the building for running, idea He had councilman Walker stated he strongly supports the • ns contact him in support of such a concepts He three citizens such as one in Reno, Nevada with a foam suggested a dome. The building could be made any size wanted and inexpensively. very good insulation. Council concurred that a committee be formed to inairtigate the concept and appointed Councilman Measles as the c h. Easement Approval - Petition to Vacate Ten -Cep Utility R-7, pp within Easterly Bouallo.T88C54AItRD• Fourth Addition, Plat MOTIONS Councilman Smalley MOUND for approval of this vacation. Councilman MCComsey BECONDSD the motion* roved Smalley stated that this applicaniodbWith the councilmanThe Commission had n problem by Planning & Zoning. vacation and recommends approval. councilwoman Swarner stated that this is d. after-the-factTapplicant T P request made after the concrete pour asked if there was probably knew the rules. councilman service to the utilities from Portlock streeain�thagte-the-fact yes. Councilman Walker stated ehcan beireceived from another. requests, however, since sere street, it is acceptable. RMMAI CITY October 17 , Page 19 VOTLt COtOMCIL MIMVTES 1990 Swarner: No McComsey: Yes Walker: Yes MOTION PASS2D• I-1, Mayor Monf or : Absent Smalley: Yes Mayor Williams referrer to a lettioritY lister Borough requesting a P projects. Also, references wasmade the onversation With Marla ainathe packet. Measles: Yes Williams: YeB in the packet from mthe of econoen�B ofhise ent to comm Borough in regard to tourism which were inc Pass a resolution Williams added that the Cctscon November 7, the Mayor in order that Y listing its list to the Borg gh by November 9, short time forward the list to t Because of this ends, may include it in their booklet• include Thompson Williams requested that the work session ag allowance, Mayor 1990, be eXpanded to scheduled for October 25, funding for congregate additional paving in the City, facility, and Park, potential funding for an ice skating housing, additional thoughts of the councils is heduled to Williams reported that the Kenai o ucis asme member °f a Mayor Will October 20, 1990• H meet on Saturday,he Caucus' osition paper and subcommittee which reviewed Williams stated that dues oWere no proposed amendments. Mayorat $25.00. There Caucus for this fiscal year will stay of Kenai'S sfor from Council to continue the City objections membership to the Caucus. decl s stated that Mrs Nick Miller sionineMrthe Miller Mayor William & Zoning Comn►is however, appointment to the Planning is a later date - he has a conflict of interest athis time , feels that happointment he would be interested in such an e appointed to the Mayor Williams suggested Tom Murphy Clerk Areas There were no objections from Council, Commission. ointment for will prepare a letter of app r RENAl CITY Ootober 17, page a0 COUNCIL MINUTES 1990 Mayor Williams reported that he will be absent from the Council Meeting of November 7, 1990. Clerk Freas will h ave telecopier number to send the resolution er gardin il. appropriate the CIP list to the Mayor and telec py the back to the The Mayor will then sign and on to the Clerk and she will forward it Measles chair theNavember 7, 1994oMayor Williams requested that Vice Mayor mg eetin . Councilman Measles stated that as ofatthis eeting,, he of is no longer the Vice Mayor. council must e e members to that position. MOTIONS Councilwomanuncilman SmSwarner alley D to Mayor and ley objections. SO ORDERED. nominate Councilman Measles as Vice SECONDL"D the motion. There were no mayor Williams added that he has requested CCleri utesFreas to the Kenai Caucus meeting on he Caucus. City Manager Brighton to take he be elected secretary of t suggested that the contract secretary be lark F o taas ke the minutes. Mayor Wi1liOberrZpuested that 1990 meeting. attendance at the Oct I-20 City Manager attend will City Manager Brighton distributed a memandumfrom Finance n Director Brown which included basic information Park water and sewer. He suggested Council review the memorandum prior to the work session. city Manager Brighton reported that Finance DireectoorBr wng, from Attorney Graves, Kim Howard oanreported e o met that Carr Gottstein is Carr Gottstein. Mr. Bright P basically asking for a one-year lease without paying rent' He added that he told them that he would not take ethat al assessment. Council - Carr Gottstein is concerne8nd requested to be taken from Their representative telephoned the agenda this evening. Their representatives told•MrT,Byi hton that their market people had idone at this time. unsure how big the buildiare ng will be Mr. Brighton stated that he felt the City was being led on by Carr Gottstein and that they are not going to sign the lease until they are ready. KENAI CITY . ootober 17, Bags 21 COUNCIL MINUTES 1990 Mr. Brighton stated that the environmental assessment states that there has been some crankcase oil deposited on the property. There have been some holes dug to check for leakage of unwanted material. The City may have to remove some dirt. Mr. Brighton reminded the Council that when first approached by Carr Gottstein, Carr Gottstein wanted immediate action from Council to. give them a lease for the property. Mr. Brighton does not think there is much the City can do to move them on signing the lease until they are ready. Mr. Brighton added that these are his own personal opinions. Mayor Williams asked Attorney Graves that at the time Carr Gottstein made their statements and requested that action be taken right away, can that be constituted as an indication of intent for specific performance and can the City hold thew to a specific performance contract? Attorney Graves answered that the lease was not signed and the City cannot make them sign it, not based on promises. Mayor Williams stated that he had mentioned before that he had a queasy feeling about this venture. Mayor Williams stated that perhaps the City should advertise the property on open market. His personal feelings are that the Council should direct the City Manager to advise Carr Gottstein that the Council expects an immediate signing of the lease and that they should live to the promises they have made to the Council and the community. Councilman Smalley stated that he believes that knowledge of the Fred Meyer/Carr Gottstein lease is widely known. There have not been others interested in leasing the property. Mr. Smalley suggests that the City Manager contact Carr Gottstein and be diplomatic, but express our strong desire to get the lease signed. Councilman Walker stated that as he understands it, the extension runs out before the next council meeting. Unless a special meeting is called, talking about extending the lease application again is a mute point. Attorney Graves informed the Council that he received another amended lease yesterday afternoon. The City sent a lease counter proposal in July. He just received their response. He will review and put together his comments and review with administration. 4 t r REHAI CITY oatobar 17, Vag* Za COUNCIL MINUT88 1990 Council discussed Cams request to not pay rent until after construction is completed. Finance Director Brown stated that is illegal according to the Kenai Municipal Code. Attorney Graves added that the appraisal was received approximately one month ago and is good for a six-month period. Councilman Smalley suggested that if it is allowable, have the Public Works Department remove the questionable dirt from the property for the City. Councilman Walker stated that he believes that the City should report it to DEC and then do the work and tell them the questionable dirt has been removed. There are no cut-and-dried laws regarding who should do the removal. Attorney Graves stated that the assessment report is available in hie office. Mayor Williams suggested that on November first, when the application extension runs out, the City advertise the availability of the property statewide. Councilman Smalley stated that he did not disagree, but should Council not s lease if it is a lease that it can sign and then send it backtothem? Attorney Graves answered that unless there is a special meeting, the Council would not be able to approve Carr Gottstein's signing of the lease between now and November 1. A special meeting would be needed for Council to approve the lease. Councilman Smalley stated that meeting to do .this, because if but if Council does not approve City is negligent also. MOTIONS he felt there should be a special they tell -Carry to sign the lease, the City's signing the lease, the Councilwoman Swarner MOVED to have a special meeting prior to the work session on Thursday, October 25, 1990 at 6:30 p.m. Councilman Smalley SECONDED the motion. Councilwoman Swarner requested UNMzxoo8 CONBUT. Mayor Williams objected. VOTRI Swarner: Yes Monfor: Absent Measles: Yea Mccomsey: Yes Smalley: Yes Williams: No Walker: Yes MOTION PA888D. ZZMAI CITY October 17, Page 2 3 COUNCIL MINUTES 1990 Councilman Measles suggested that Carr Gottstein be notified of. the special meeting and request that a representative, with the ability to sign the lease, be present. Mayor Williams requested that the Finance Director make available to Council the Borough appraisals of the lots in Thompson Park,, at least advisory of assessed value. Finance Director Brown asked if they want a representative sample. Answer: Yes. I-3., Attorney Attorney Graves reminded the Council that he will be attending a hazardous waste seminar in Washington, D.C. next week. He will make his comments regarding the Carr Gottstein lease prior to his leaving and will be available for telephone calls, etc. I-4. City Clark No report. 1-5. Finance Director Finance Director reported that earlier he passed out the single auditor report for them to review. The report states there are no problems with the grants. I-6. Public Works Director Public Works Director Kornelis reported the following projects'. status: 1. A-1 taxiway project - complete 2. Drainage project - complete 3. Old Town paving - final completion 4. Park Shelter - Completed 5. City auction is scheduled for October 20, 1990. 6. Sewer Treatment Plant - Finalizing schematics. 7. Warm Storage - Project started today. a. New Street Lights - He has spoken with HEA. They have ordered poles and light fixtures. He offered the use of the City's crew, backhoe and equipment. He also suggested to. them that they hire a contractor and deduct that cost from the purchase order. That would not be an extra cost to the - City. 9. Senior Center - Coming along. The solarium done. Siding placement has begun. 10. Library - Starting date for painting is November 15, 1990. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 24 11. Wooden Posts for Banners - He contacted HEA to do the work for the City. They estimated the cost at $1,700 for two wood poles, two wires, two guy wires with anchors. Council needs to decide on a location for placement. A air space. permit will be required from DOT, however Director Kornelis does not believe this will be a problem. Council assigned the placement question, etc. to the Beautification Committee. 12. Boat Launch - Director Kornelis stated he spoke with the Corps in regard to the boat launch. He was told that they are in the middle of preparing a decisional document and it should be submitted next week. He has requested a copy of the document. 13. Willow Street Extension Corps Permit - Received. 14. Snow Removal - Enforcement of cars from parking on city streets to allow snow removal is a problem. During the day, plows must go around cars parked on the street and that leaves a berm. KMC was amended in 1968 stating no parking on streets between 4:00 a.m. and 8:00 a.m. If cars are on the street, the street crew notifies the police and they have the car towed away. There was liability last year because the street crew could not see cars hidden by snow that were parked on streets for a long period of time. There are signs stating when parking is allowed. They have already advertised and will continue to advertise in the paper when street parking is allowed. It was suggested that the hours be extended to Midnight to 8:00 a.m. to when parking is not allowed on the streets. Also, police officers should check cars while on their routes. Director Kornelis is to change the signs and advertisement, changing the times. Councilwoman Swarner asked when the street lights on Cedar and Hemlock will be repaired and who is to repair them. Director Kornelis stated that HEA is to repair them. They are aware of the need of repair. They are working to find the correct parts for repair, which includes changing to different ballasts and fixtures. Councilwoman Swarner expressed her frustration at getting the repairs completed. I-7. Airport Manager Airport Manager.Ernst reported that he has had the empty lot across from the airport graded for overflow long-term parking. • KENAI CITY October 17, Page 25 COUNCIL MINUTES 1990 Signs will be placed informing public of the overflow par) within the next few weeks. A sign will also be placed in long-term parking lot directing overflow to the other park lot. J-1. Citizens There were no comments from citizens. J-Z. Council. Councilman Walker - No comments. Councilwoman SWarMer - Her term on the AML Legislative Committee has ended. She has received a nomination form. If there are no objections, she will submit a form for another appointment, There were no objections. Councilwoman Swarner added that there is another position available for a representative from the City of Kenai to be on the Committee. She stated that the Committee meets during the AML Convention and approximately three other times in Juneau between January and May. Councilman Walker was suggested. There were no objections. Clerk Freas will supply Councilman Walker with a nomination form. Councilman Measles - No comments. Councilman McComsey - No comments. Councilman Smalley - Welcomed Councilman McComsey. He added that he noticed that the Peninsula Athletic Club was having problems. Councilman Smalley stated that he had been in touch with Frank Mullen from the Cook Inlet oil Spill Regional Citizens Advisory Committee. They are looking for another member. The person must be from the private sector. Mayor Williams stated that her earlier had thought Barry Eldridge could be a member, however, he is in conflict due to his employment with,the CIRO. The Mayor then suggested Tom Wagoner, but discussion determined that he is also in conflict due to his being'a fisherman. Councilman Smalley suggested Tommy Thompson. It was determined that the company for whom he works does business with CIRO. Councilman Smalley then suggested Loretta Breeden. Councilman Measles � w w • L� RNNAI CITY COUNCIL MINUTES October 17, 2990 Page 24 stated that there will be a representative from municipalities, environmental, fisherman, etc. It .will be very difficult to find someone without a conflict in this area. Mayor Williams will give more thought to this representative appointment. Mayor Williams asked Finance Director Brown to find out who pays the water and sewer charges for the Kenai Merit Inn. I. NOTIONS Councilman Smalley MOVED for adjournment. objections. 80 ORDERED. Meeting adjourned at 11:05 p.m. Minutes transcribed by: Carol L. Freas,'C ty Clerk 10/25/90 There were no