Loading...
HomeMy WebLinkAbout1996-06-19 Council Minutes0 AGENDA RENAI CITY COUNCIL - REGULAR MEETING JUKE 190 1996 7:00 P.M. KENAI CITY COUNCIL CHA3i8ER8 - T-31 . I 7 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. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Suzanne Miller - .Tames G. "Bud" Dye Memorial Request. 0 0. PUBLIC RMINa8 1. Ordinance No. 1700-96 - Amending Kenai Municipal Code 1.85 to Remove the Requirement That Department Heads File Financial Disclosure and Conflict of Interest Statements. 2. Ordinance No. 1701-96 - Amending Kenai Municipal Code 1.85.020(b) to Remove Some Conflicts Between State and City Requirements for Financial Disclosure and Reporting Conflicts of Interest. 3. Ordinance No. 1702-96 - Increasing Estimated Revenues and Appropriations by $30,000 in the Parks Restrooms Capital Project Fund for Construction of a Restroom in the Municipal Park on Forest Drive, 4. Ordinance No. 1703-96 - Increasing Estimated Revenues and Appropriations by $6,210 in the Boating Facility and General Fund for the Purchase of a Boat Motor and Mustang Suits Damaged in the Kenai River Flood, 5. Ordinance No. 1704-96 - Amending Code by Adding Chapter 14.20.095 Residential Zone and Amending the Development Requirements Tables. the Kenai Municipal to Establish a Prime Land Use and 6. Resolution No. 96-44 - Accepting a $5,000 Grant From the Alaska Science and Technology Foundation to Continue the Development of the Alaska Challenger Learning Center. 7. Resolution No. 96-45 - Accepting a $5,000 Grant From the Alaska Industrial Development and Export Authority to Continue the Development of the Alaska Challenger Learning Center. S. Resolution No. 96-46 - Transferring $5,000 in the Water and Sewer Special Revenue Fund for Painting Wellhouses and Chemical Buildings, 9. Resolution No. 96-47 - Awarding a Contract for the Construction of the Thompson Park Improvements - Production Well No. 3 to Peninsula Construction, Inc. for the Total Construction Amount of $6218500,00 Which Includes the Basic Bid and Additive Alternate No. 1. 10. Resolution No. 96-40 - Transferring $1,913 in the General Fund for Payroll and Accounts Payable Checks, 11. Resolution No. 96-49 - Transferring $2,148 in the General Fund to Purchase a Computer for the Finance Department, 12. Resolution No. 96-50 - Transferring $1,560 in the General Fund for Management Training Tape Subscription Services. 13. Resolution No. 96-51 - Transferring $5,000 in the Water System Improvements 196 Capital Projects Fund for Engineering Services. a. Consideration of Resolution No. 96-51. b. Consideration of Wm. J. Nelson & Associates Proposal to Provide Project Inspection for the Thompson Park Improvements Production Well No. 3. 14. Resolution No. 96-52 - Transferring $11,414 in the General Fund for a Severance Package for the City Manager, 15. Resolution No. 96-53 - Transferring $1o,500 in the General Fund for Fuel Purchases. 16. Resolution NO, 96-54 - Transferring $4, 568 in the General Fund for Drawings and Cost Estimates for the Kenai Beach Dunes Project. -2- 17. Resolution No. 96-55 - Transferring $11,756 in the General Fund for Legal Expenses Relating to Inlet Woods Special Assessments, 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 Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board so NX-Mmis- F. *as 8. • 1. *Regular Meeting of June 5, 1996. OLD 8- NE8B Discussion - Leif Hansen Memorial Park Policies and Procedures. Discussion - Cherrier Paving Request/Mission Street Discussion - Kenai Animal Control shelter. SUAXNE8a 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval - Special Use Permit Extension - Bierdeman Logging. 4. Approval - Assignments of Lease/Lot 9, Block 1, Cook Inlet Industrial Air Park: a. Assignment of Lease - Ronald J. Johnson and Charles Grimm to Harry O. Johnson, III and Diane H. Johnson. -3- C7 • • b. A88i9mont of Lease for 8ecuritp Purposes - Harry O. Johnson, III and Diane H. Johnson to Ronald J. Johnson and Charles Grimm. CO !►ssig=emt of Lease for eeaurity Purposes - Harry O. Johnson, III and Diane H. Johnson to First National Bank of Anchorage. 5. Discussion - Matching Funds Request/Historic District Board - Archeological Study of Shkituk, Village Interpretive Site Location, 6. Discussion - Kenai/Soldotna Sewer Line Feasibility Study. 7. Discussion - Industry Appreciation Picnic. BXMCUTIVM BROA310- - City Manager Severance Agreement/Package. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. 2XICU88ION 1. Citizens (five minutes) 2. Council -4- 6 RENAI CITY COUNCIL - R2GULAR NESTING JUKE 190 1994 7:0o P.M. KENAI CITY COUNCIL CRUMERS MAYOR JOHN J. WILLIAMS, PRESIDING Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hail Building. PUN 000E-7P- �c • c Mayor Williams led those assembled in the Pledge of Allegiance. A-20 Roll was taken by the City Clerk. Present were: Swarner, Moore, Measles, Bannock, Smalley, Williams and Bookey. A-5. Mayor Williams requested the following changes to the agenda: MOVE1 C-14 TO FIRST ORDER OF 8U8INES8 UNDER ITEM C as follows • a* suspension of City Manager b, schedule termination bearing for August 7, 1996 a. Table Resolution No. 96-52 indefinitely. ADD TO: G-1, Memorial Park Discussion - 6/15/96 letter from Roger & Francis Meeks in regard to use of the park. ADD-TOt -R-2, Purchase Orders Exceeding $2,500 -- Purchase Order - to Alaska Airgas in the amount of $7,344.10. 8-2, purchase Orders Exceeding $2,500 - Purchase Order to Sterchi Construction for placement of basketball court at Municipal Park/$5,000. MOTIONa Councilman Measles MOVED to move the discussion item intended for the executive session to Item 14a, prior to the other discussions. Councilman Bannock BECONDED the motion and requested UNANIMOUS CONSENT. Councilman Smalley objected to unanimous consent. • KENAI CITY COUNCIL MEETING MINUTES JUNE 19, 1996 PAGE 2 VOTES Swarner: Yes Moore: Yea Measles: Yes Bannock: Yes Smalley: No Williams: No Bookey: No. MOTION PASSED. Mayor Williams noted the first item under C-14 will be discussion of the employment agreement. NOTIONS Councilman Smalley MOVED for approval of the agenda as amended and Councilwoman Swarner 88COND8D the motion. There were no objections. 80 ORDERED. A-6. CONSENT AVLM • Mayor Williams noted he had no changes to the consent agenda. MOTIONS Councilman Smalley MOVED for approval of the consent agenda as presented and Councilman Bookey BECONDED the motion. no objections. 80 ORDERED. There were B-1. Susanne Miller - James G. "Bud" Dye Memorial Req uest. Ms. Miller was not available for this presentation. XMAS MLI HB�r�t��n C-i4. Resolution No. 96-32 - - Transferringl General Fund for a Severance Package forthe Citin the y Manager. 0-14a. Discussion of Severance Agreement/Package (moved from executive session position). Mayor Williams noted the employment agreement with the city manager would be discussed first as amen ded by council. KENAI CITY COUNCIL JUNE 191 1996 PAGE 3 MEETING MINUTES Councilman Measles: I think we council should pursue some kind of resolution to this thing. We have a good man in the city manager's position. As far as I can tell, he's doing a good job. If it's just a matter of some philosophical differences, to which he was not made aware of until an executive session a couple of months ago, surely there is a way to resolve those issues and get on with doing the city's business. Councilman Bannock: It has been a long, on -going situation, as Mr. Measles has said, for the last couple of months and I would gauge our performance as,a council as very poor in this. Mr. Manninen is the answer to the City of Kenai, I'm sorry, Mr. Manninen answers to the City of Kenai -- all 7,000 of us. I have yet to hear any convincing arguments that the 7,000 are in an uproar over the direction that our city has gone. It was pointed out to me, that after the Chamber lunch today, the City of Kenai seems to be on very solid footing, going in the i right direction. The State of Alaska is not doing their fair share to help us out. But as a person new to our area pointed out to me, I would like to think that a large majority of that congratulation belongs on the shoulders of Mr. Manninen. This council can certainly share part of that congratulations, but Mr. Manninen is our city manager and I, people are not revolting in the streets. I think what we've done has been has been incredibly unfair; been uncalled for; and incredibly unprofessional. I'm sorry to be a part of it and I hope that by the end of tonight, our agreement with Mr. Manninen will stand and he will continue to be our city manager. Thank you. C-14b. suspension of City Manager, Mayor Williams: Councilman Bookey, Councilman Bookey: Mr. Mayor, I would like to make a motion... MOTION: Councilman Bookey MOVED under Section3-1(b) of the Kenai City Charter to suspend City Manager Thomas J. Manninen with pay effective immediately. Councilman Smalley 88CONDED the motion. 0 Councilman Bannock: Mr. Mayor? KENAI CITY COUNCIL MEETING MINUTES JUNE 191 1996 PAGE 4 Mayor Williams: Yes. Councilman Bannock: Because this falls under a public hearings, are we going to open that up to the public, for public comment on that particular motion? Mayor Williams: We'll have a public hearing on the resolution, which action on that resolution will follow, and let me say that as we continue, you'll see that the public will have ample opportunity to discuss this matter with the council later. Councilman Measles? Councilman Measles: Which resolution are you talking about? Mayor Williams: All right, the public portion of the business, the public hearing, would have been Resolution No. 96-52... Councilman Measles: That's right, but if we table that motion, the public does not have a chance to comment. i Mayor Williams: That's correct. There is no need at this time for the council to entertain public input. There will be provisions for public input later as will be seen. Councilman Bannock: Mr. Mayor? Mayor Williams: Yes. Councilman Bannock: I'm sorry to belabor this, but Item C-14 is a public hearing and we simply broke down Item C-14 into a, b, and c. So, Item C-14a is part of a public hearing. Mayor Williams: I beg to differ with you and I will defer to the City Attorney for a ruling on the... Attorney Graves: The public hearing is on the resolution. This is a separate item from the resolution. Mayor Williams: The Chair will so rule that this item is separate from the intended resolution that was first identified as C-14 on the agenda. All right. Councilman Measles. Councilman Measles: Could I ask then how much later will it be when the public has a chance to speak on this? KENAI CITY COUNCIL MEETING MINUTES M JUNE 19, 1996 PAGE S Mayor Williams: I think as we approach Item C-14b that will become apparent. Is there any further discussion? Seeing none, the Clerk will call the roll. VOTES Swarner: Yes Bannock: No Bookey: Yes NOTEON PABSED. Moore: Yes Smalley: Yes Measles: No Williams: Yes Mayor Williams: The city manager, by a vote of five to two, has been suspended with pay. Next item of business will be C-14b. Councilman Bookey. C-14a. Schedule Termination Hearing for August 7, 1996. Councilman Bookey: Mr. Mayor,.I would like to make a motion. • IWTiONi Councilman Bookey MOVED under Section 3-1(b) of the Kenai City Charter to give notice of the proposed removal of the Kenai City Manager and schedule a public hearing on his removal for the August 7, 1996 City Council Meeting and that written notice of the reasons for his removal shall be given to Mr. Manninen immediately following the July 3, 1996 council meeting. Councilman Smalley 8$CONDED the motion. Mayor Williams: It has been moved and seconded then under the terms of the City Charter, to hold a meeting on August the seventh. The meeting will be public meeting, which the public will have the opportunity to hear both sides of the story. At that time, we will review the entire issue and determine whether or not Mr. Manninen's contract should be continued with the city. The precipitation of this was brought about by Mr. Manninen himself, who delivered to each member of the city council yesterday, a request that he wanted an open discussion, not a closed executive session on the city manager's contract. The Charter requires that when the council discusses the termination, or when the council determines that it's time to terminate the city manager under any circumstance, that the public be given a thirty -day notice and a public hearing be had. • KffidAI CITY COUNCIL MEETING MINUT88 JpNE 191 1996 PAGE 6 It's a strange anomaly that we have within the Charter itself. The Charter clearly states that we must have at least five votes and a thirty -day period in order to suspend the city- manager, or to terminate. Now, the city manager's contract expires July the 31st. Even after the council or the city manager's contract has expired, the city manager still works on an at -will contract with the city council and continues to do so on a thirty -day basis until such time as that thirty -day period can be held and a public hearing on the issue had. So, that's the reason that we have to go do a thirty -day period for this period. It's an anomaly of the Charter. It's part of the democratic process. It can lead to some confusing issues at times, but it is there. Any discussion from the council in regard to the motion? Seeing none then, the Clerk will call the roll. VOTE: swarner: Yes Moore: Yes Measles: No Bannock: No Smalley: Yes Williams: Yes is Bookey: Yes %tOTtON PARSED. C-14d. Table iinsolution No. 96-52 =adefinitely. Mayor Williams: The next order of business will be the tabling of Resolution 96-52. Councilman Bookey. XOTION s Councilman Bookey MOVED to table Resolution No. 96-52 indefinitely. Councilman Smalley BECONDED the action. Mayor Williams: It has been moved and seconded to table the resolution indefinitely. Understand that the tabling of a resolution or the call for tabling is non -debatable, however, I will take the liberty to explain what that resolution is. That resolution was a resolution to transfer $11,375 in the General Fund for severance pay for the city manager. The reason for that amount is that amount lies.beyond the fiscal year -- lies in the next fiscal year and not.in this fiscal year. The intent was to transfer it from the next fiscal year back into this fiscal year so that the total amount owed to Mr. Manninen could be paid to him should it be determined that there would be a termination for reasons of if Mr. Manninen chose to leave. KENAI CITY COUNCIL MEETING MINUTES JUNE 191 1996 PAGE 7 According to my notes, that would have brought the amount of money that the city council would pay to Mr. Manninen to terminate his contract to a gross amount of $24,000 and some odd dollars. That's the reason for that resolution. Is there any discussion from council? Seeing none then, the clerk will call the roil on the resolution. VOTE: Swarner: Yes Moore: Yes Measles: No Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED, Mayor Williams: All right. That concludes the business of Item C-14 in its entirety for this period. We'll take a short break. The city manager, you're... Councilman Measles: Could I ask a question before we take a break? Mayor Williams: Yes Councilman Measles: How can we schedule a termination hearing before the council has voted to terminate? Mayor Williams: -Under the -terms of the Charter, we have established a public hearing for August the. -seventh to determine whether or not the city manager should be terminated. Between now and then, the council has taken action to suspend, with pay, the city manager. All right, we'll take a five-minute break. City Manager Manninen: Could I ask for two clarifications? Mayor Williams: Yes. Manninen: one is, is there any reason why the reasons are going to be given following the July third, 1996 meeting and not immediately? Apparently people feel good enough to vote for this now, they must have their reasons now. And secondly, since the vote has already been taken, am I out of line being here or Mshould I be somewhere else, in the audience or at home? KENAI CITY COUNCIL MEETING MINUTES JUNE 19, 1996 PAGE 8 Mayor Williams: Well, in answer to the first question, the council wants to properly prepare. Okay, for the edification of the general public and you, our specific reasons for seeking of the closure of our contractual agreement. The period of July third falls well within the thirty -day period required under the terms of the Charter, the period from July third to August seventh. We have plenty of time within that thirty -day period. In other words, we have a thirty -day window there. As to the answer to your second question, you have been suspended. Mr. Manninen: Okay, then I have a third question on this if you'll entertain it? Why August seventh termination date? Mayor Williams: That, again, following the Charter, is required, the thirty days is required by the Charter as a public notice period before we can have the hearing. Mr. Manninen: Is notice considered right now or notice considered after publication? Mayor Williams: Well, the Charter clearly says it must be at least thirty days. The fact that it's a little longer than thirty days is more for the convenience of the council. Mr. Manninen: It doesn't make sense to me Your Honor, but I'll, it's the decision and I'll go with it. Mayor Williams: Thank you Mr. Manninen, Councilman Bannock: Mr. Mayor? Mayor Williams: Councilman Bannock. Councilman Bannock: August seventh? Mayor Williams: That will be the first general meeting... Councilman Bannock: Wouldn't there be a meeting on August first? Mayor Williams: That's a Thursday. Councilman Bannock: I'm sorry, it's Thursday. I don't have a calendar in sight. • KENAI CITY COUNCIL MEETING MINUTES JUNE 19, 1996 PAGE 9 Mayor Williams: It's the general meeting in August. All right, again. We'll take an at east for about five minutes. Mr. Manninen: Am I excused? Mayor Williams: Yes. BREAK TAKEN: 7322 p.M. BACK TO ORDBR: 7:28 P.M. YAW atim Continued: Mayor Williams: All right, we'll call the regular Kenai City Council Meeting back to order. We'll continue with the regular line of business, before we do it, I'd like to ask Chief Morris, who the council would like to have serve as the Temporary City Manager continuing in the capacity that he has been for the last couple weeks. Please join us. is(Chief Morris took his place at the dial as City Manager.) Mayor Williams: I think in order to keep the record straight too, there should be a motion from the council with regard to Councilman Morris' position as Temporary City Manager. As you know, originally, the City Manager had appointed him until this morning. The City Manager took over again this morning and continued in that position until this afternoon or until this evening, so, the Chair will entertain a motion. Councilwoman Swarner, MOTION: Councilwoman Swarner MOVED that Police Chief Dan Morris be the Acting City Manager for no more than three weeks at this point. Councilman Smalley SECONDED the motion. Mayor Williams: It's been moved and seconded that for the next three weeks Chief of Police Dan Morris will be the Acting City Manager. I should also say that should this issue come to a full public hearing, and it does not necessarily have to, but should it come to a full public hearing and should there be anyone from the general public that wishes to write a letter regarding the matter, either in favor of Mr. Manninen or in favor of the city • council's position, please feel free to address all of those KENAI CITY COUNCIL MEETING MINUTES • JUNE 191 1996 PAGE 10 letter to us at City Hall. You may write to any member of the city council or to me personally. All those letters should be mailed here in care of the Clerk at City Hall. All right, with that then we do have a motion on the floor. The Clerk will call the roll: VOTEt Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UM MINOUSLY. Verbatim -And, C-1. Ordinance No. 1700-96 - Amending Kenai Municipal Code 1.85 to Remove the Requirement That Department Heads File Financial Disclosure and Conflict of Interest is Statements. MOTION: . Councilman Smalley MOVED for adoption of Ordinance no. 1700-96 and Councilwoman Swarner 82COMDED the motion. There were no public comments. Williams stated he was uncertain whether department heads should - not have -to file conflict - of interest forms. His concern was due. to the difficulty years ago when a department head was made an interim city manager and while the interim city manager, his private business contracted with the city to provide a service. It was noted the change in the ordinance would not exempt the city manager, city attorney, clerk, Planning & Zoning Commission, or councilmembers. VOTE: Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED ONANIMOUSLY. 0 • KENAI CITY COUNCIL MEETING MINUTES JUNE 19, 1996 PAGE 11 C-Z. Ordinance No. 170i-96 - Amending Kenai Municipal Code 1.85.020(b) to Remove Some Conflicts Between State and City Requirements for Financial Disclosure and Reporting Conflicts of Interest. NOTIONt Councilman Smalley MOVED for adoption of Ordinance No. 1701-96 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. Williams noted the purpose of the ordinance was to clean up the city's ordinance to conform with state law. . VOTEt Swarner: Yes Bannock: Yes Bookey: Yes Moore: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. Measles: Yes Williams: Yes C-3. Ordinance No. 1702-96 - increasing Estimated Revenues and Appropriations by $30,000 in the Parks Restrooms Capital Project Fund for Construction of a Restrcom in the Municipal Park on Forest Drive, MOTIONS Councilman Councilman Bookey_NOVED for adoption of Ordinance No. 1702-96 and - Smalley SECONDED the motion. There were no public comments. Williams noted the new restroom would be similar to the new park strip restroom. Councilman Bannock stated he thought it was important for the audience to know the $30,000 would only partially fund the building of the restroom. An additional $20,000 was included in the 96/97 budget to add to the $30,000, VOTSt Swarner: Yes Moore: Yes Measles: No Bannock: No Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED. • • KENAI CITY COUNCIL MEETING MINUTES JUNE 191 1996 PAGE 12 C-4. ordinance No. 1703-96 and Appropriations by and General Fund for Mustang Suits Damaged MOTION: - Increasing Estimated Revenues $6,210 in the Boating Facility the Purchase of a Boat Motor and in the Kenai River Flood. Councilman Bookey MOVED for adoption of Ordinance No. 1703-96 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Moore referred to minutes of the Harbor Commission meeting wherein it stated an outboard motor had been purchased. Moore asked if this was the same outboard and it had already been purchased prior to coming to council. Fire Chief Burnett answered the ,resolution strictly pertained to the boat and motor used for the flood operations. The boat would not be replaced, but the motor and two survival suits would be. Moore asked if the items had already been purchased. Burnett answered no, they had been waiting for monies from the Borough. VOTE: Swarner: Yes Bannock: Yes Bookey: Yes Moore: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1704-96 - Amending Code by Adding Chapter 14.20.095 Residential Zone and Amending the Development Requirements Tables. MOTION: Measles: Yes Williams: Yes the Kenai Municipal to Establish a Prime Land Use and Councilman Bannock MOVED for adoption of Ordinance no. 1704-96 and Councilwoman Swarner SECONDED the motion. There were no council comments. Councilman Bannock explained the Planning & Zoning Commission, at their last meeting, had voted to reconsider their resolution (from which this ordinance was based). Bannock suggested council table action on Ordinance No. 1704-96 until the Planning & Zoning Commission takes action on the reconsideration at their next meeting. KENAI CITY COUNCIL MEETING MINUTES JUNE 19, 1996 PAGE 13 MOTIONS Councilman Bannock MOVED to postpone action on Ordinance no. 1704-96 until action has been taken by Planning & Zoning Commission. Councilman Smalley SECONDED the motion. VOTE: Swarner: Yes Moore: Yes Measles: Yee Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANINOUBLY. C-6, Resolution No. 96-44 - Accepting a $5,000 Grant From the Alaska Science and Technology Foundation to Continue the Development of the Alaska Challenger Learning Center, MOTION: Councilman Bannock MOVED for approval of Resolution No. 96-44 and Councilman Smalley SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. BO ORDERED. C-7. Resolution No. 96-43 - Accepting a $5,000 Grant From the Alaska Industrial Development and Export Authority to Continue the Development of the Alaska Challenger Learning Center, MOTION: Councilman Bannock MOVED for approval of Resolution No. 96-45 and Councilman Bookey SECONDED the motion. Councilman Smalley requested UNANIMOUB CONSENT. There were no public or council comments. VOTES There were no objections. 80 ORDERED. • RENAI CITY COf1NCIL J[1NE 19, 1996 PAGE 14 • MEETING MINUTES C-8, Resolution No. 96-46 - Transferring $5,000 in the Water and Sewer Special Revenue Fund for Painting Wellhouses and Chemical Buildings, MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-46 and Councilwoman Swarner SECONDED the motion and requested MMIMOUB CONSENT. There were no public or council comments. VOTES There were no objections. SO ORDERED, Resolution No. 96-47 - Awarding a Contract for the Construction of the Thompson Park Improvements - Production Well No. 3 to Peninsula Construction, Inc. for the Total Construction Amount of $6210500.00 Which includes the Basic Bid and Additive Alternate No. 1. MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-47 and Councilman Bookey SECONDED the motion. There were no public comments. Acting Public Works Director La Shot reported there had been -some discussion that the contractor' might attempt to do the mechanical -work within the wellhouse- under his general contractorfs license. La Shot stated he didn"t have an answer as to whether it was legal, but the cityfs contract covered it very well as far as the obligations of state law. That information would be forwarded to the general contractor. Williams noted the question was whether the work could be done without a specific mechanical administrator's license. Williams stated Administration should keep an eye on it and make sure that everything goes forward as it was supposed to. Councilman Moore asked if it was appropriate to award a bid to an individual who the city was not sure was qualified -- if it was found that they were not qualified to do the mechanical work, would the work have to be re -bid. La Shot answered, it was his understanding that the general contractor had considered doing the work himself. He also understood the contractor had • RENAI CITY COUNCIL JUKE 19, 1996 PAGE iS MEETING MINUTES subcontractor quotes he could use. As far.as the contract documents submitted to the city, all indicate the contractor is qualified for the contract. Councilman Hookey asked if, once the clarification was made that they could or could not do the mechanical work, if they couldn't do the work, they would bring in a mechanical contractor to do the work. La Shot answered yes. Councilwoman Swarner asked if this was a local firm and if they had done work in the area in the past. La Shot answered it was a local firm. Those involved are relatives of Doyle Construction who had taken over that construction company. VOTES There were no objections. 80 ORDERED. Williams requested council approval for Administration to review the residual water and sewer grant monies left within the system. La Shot stated approximately $1.35 million had been appropriated. With this contract, what had been expended, and some future utilities, he thought it would be about $1.9 million, leaving approximately $450,000. Williams reminded council they had been requested by Habitat for Humanities to extend water and sewer mains to properties on which they were wanting to build homes. He requested the following information be -forwarded to council for the July 3, 1996 council meeting: 1. Do the arbitrage associated with grant monies fall directly to the grant itself and under the same use restrictions as the grant. 2. If the arbitrage falls to the General Fund rather than the grant fund, could the city use those funds as a contribution for the construction of the water/sewer mains to the Habitat properties. 3. If not, with $4500000 available, would it be appropriate for council to consider an LID in that neighborhood if approached by Habitat for Humanities. .4. If an LID is proposed, how much would it cost the city above and beyond the $30,000 (amount thought to be what it would cost to extend the water/sewer mains and the amount Habitat • RBNAI CITY COUNCIL t4EETIAiG MINUTES JUKE 19, 1996 PAGE 16 • u for Humanities had requested during budget sessions). (Smalley requested this information.) C-10. Resolution No. 96-48 - Transferring $1,913 in the. General Fund for Payroll and Accounts Payable Checks, MOTIONS Councilman Smalley ROVED for approval of Resolution No. 96-48. Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections to the motion. BO ORDERED. Resolution No. 96-49 - Transferring $2,148 in the General Fund to Purchase a Computer for the Finance Department. MOTIONS Councilwoman Swarner MOVED for approval of Resolution No. 96-49 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTES There were no objections. 80 ORDERED. C-12. Resolution No. 96-50 - Transferring $1,560 in the General Fund for Management Training Tape Subscription services. MOTION1 Councilman Smalley MOVED for approval of Resolution No. 96-50 (for discussion purposes) and Councilman Bannock SECONDED the motion. There were no public comments. Councilman Bannock, referring to the third whereas, stated he thought that since council did not see the city manager as beneficial to the city they would find this resolution not beneficial either. • KENAI CITY COUNCIL JUNK 191 1996 PAGE 17 MEETING MINUTES Acting City Manager Morris reported a contract was signed by GSTN in April to continue the service through April, 1997. The money was not budgeted. GSTN was contacted but they would not back out on the agreement. Swarner asked if the tapes were used. Morris answered, they were used for staff training and for personnel training in other departments. The tapes were purchased, not rented. Williams noted the contract could not be reneged upon. Councilman Measles stated the council could suspend the contract as they had just suspended another contract. Williams stated, Measles' statement was a misstatement. He added, the contract would have expired on July 31 and the gentleman was being paid through July 31. The city was not reneging on any contract. VOTE# Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes • Bookay: . Yes MOTION PASSED OMINOUSLY. C-13, Resolution No. 96-51 - Transferring $5,000 in the Water System Improvements 196 Capital Projects Fund for Engineering Services. C-13a. Consideration of Resolution No. 96-510 MOTIONS Councilman Bannock MOVED for approval of Resolution No. 96-51 and Councilman Smalley SECONDED the motion,. There were no public or council comments. 6 VOTE# There were no objections. 00 ORDERED4, C-13b. Consideration of wo. J. Nelson a Associates Proposal to Provide Project Inspection for the Tbompson Park Improvements Production Well No. 3. C� KENAI CITY COUNCIL MEETING MINUTES JUNE 191 1996 PAGE 18 MOTIONS Councilman Smalley MOVED for approval of Resolution No. 96-51(b) (the contract for inspection). Councilwoman Swarner SECONDED the motion. There were no public comments. Acting Public Works Director La Shot explained the $5,000 transfer was within the budget from contingency to engineering. Originally, $50,000 was budgeted and the proposal came in over it and left a small contingency within that budget item. Moore asked if the 150-day construction period coincided with the RFP. La Shot answered, they had a 150 calendar day contract with the contractor. VOTES There were no objections. 80 ORDERED. C-14. Resolution No. 96-52 - Transferring $11,414 in the General Fund for a Severance Package for the City Manager. 10 Item was moved forward and placed prior to C-1. 0-15. Resolution No. 96-53 - Transferring $10,500 in the General Fund for Fuel Purchases. NOTIONS Councilman Smalley MOVED for approval of Resolution No. 96-53 and Councilwoman Swarner SECONDED the motion and requested =MIM008 CONSENT. There were no public or council comments. VOTES There were no objections. 80 ORDERED. 0-16. Resolution No. 96-54 - Transferring $4,568 in the General Fund for Drawings and Cost Estimates for the Kenai Beach Dunes Project. • KENAI CITY COUNCIL JUNE 19, 1996 PAGE 19 NOTIONS MEETING MINUTES Councilman Moore MOVED for approval of Resolution No. 96-54 and Councilman Bookey SECONDED the motion. There were no public comments. Williams asked what the full price of the project would be. La Shot* answered he believed the state asked to keep the cost down near or under $100,000. Williams noted the amount began with $185,000 and since then the state had revised the amount to $140,000 and then to $100,000. Williams asked if there would be much of a project done for the $100,000 or would the city have to match funds. Wm. Nelson (in the audience) explained the project would be structured per lineal foot for the boardwalks. The amount of work done could be adjusted up or down by the bids that are received. The city's costs, until the grant monies are received, would be the engineering costs. After the grant monies are received, the project would be done within the budget. Williams suggested there could be workers hired through the youth core. Bannock stated he would support the resolution, however he was hesitant as he considered the project an "if -come -maybe" project. He asked if there was a good chance the city would be able to pay for the project with grant funds. Nelson stated Fish & Game told him this project was one of.many vying for Exxon Valdez settlement funds and they like the project. It was a formality for the city to have a detailed cost estimate submitted in order to receive the grant. There now is a verbal agreement. He added, Fish & Game was not as interested in the stairway porti,3n of the project (from Forest to the beach), but were more interested in the beach side of the project. It would be hard to spend $100,000 on the beach side of the project (putting in boardwalks, etc.) and there should be enough funds left to place the stairway. Bannock stated he was a little hesitant for the city to put in $5,000 for $100,000 but he would support it. He did encourage administration to closely watch the project. VOTE: There were no objections. 00 ORDERED. . ICBNAI CITY COUNCIL MBETING MINUTES J[11d8 19 t 1996 PAGE 20 • 11 C-17, Resolution No. 96-55 - Transferring $11,756 in the General Fund for Legal Expenses Relating to Inlet Woods Special Assessments. MOTION= Councilman Smalley MOVED for approval of Resolution No. 96-55 and Councilman Bookey BSCONDED the motion. Bob Peters (from the audience) asked if the matter would ever end. Williams explained, closure of the matter was closer now than it has ever been, however that had been said before. Council had no choice but to continue. VOTE: There were no objections. BREAK TAKENs 7 s 55 P * X * BACK TO ORDER s 9.13 V * X 9 ITEM D s D-1. No report. D-a-. Council on Aging 80 ORDERED. Airport Commission Councilman Measles reported there was no quorum and thus, no meeting. D-3. Harbor Comission Councilman Bookey reported the last meeting of the Commission was held on June 10. The minutes of the meeting were included in the packet. The Commission briefly discussed the dunes and.Nelson would be talking with Cherrier about incorporating pilings into the project. D-9. Library Commission Councilman Moore explained the minutes of the last meeting were included in the packet. The building committee would be meeting on Saturday to discuss design, etc. of the proposed addition. 0 • 0 KENAI CITY COUNCIL MEETING MINUTES JUNE 19, 1996 PAGE 21 D-5. Parke & Recreation Commission Councilman Bannock reported the minutes of the last meeting were included in the packet. Engineering Technician Rachel Clark reported the Commission discussed the master plan of the Daubenspeck property. She noted the Commission passed a motion to keep the property as a park area until the property is leased or traded. Clark added, the property could be traded for other park property if desired. Bannock referred to the Commission's request to move their next meeting from July 4 (a holiday) to July 11. MOTION: Councilman Bannock MOVED to change the next Parks & Recreation Commission date from July 4 to July 11. Councilman Smalley SECONDED the motion. There were no objections. 00 ORDERED. D-6. Planning & Zoning Commission Bannock reported he attended the meeting in Smalley•s place. Most of the meeting discussion was about the proposed Prime Residential Zone and the airport buffer zone. The Commission is divided as to what to do with the airport buffer zone. They were given a recommendation from the Airport Manager to wait until after the Airport Master Plan Update was completed before going forward with the buffer zone suggestion. Bannock added, there were three different motions made in regard to the buffer zone, i.e., the city purchase the property, the chairman address the council regarding the property, and scheduling a public hearing to buy the property. The Commission wants to either kill the matter or pass it on to council for action. There has been a lot of public input on it and, although he is not in agreement with the idea, the people were due their hearing. Additionally,sthe matter had been to the Airport Commission twice, and to Planning & Zoning a number of times. Smalley added, a lot of the discussion Planning & Zoning had had on the matter since January was based on concerns of some people living in the Woodland Subdivision in regard to noise from the airport. The Commission was aware that in updating the Airport Master Plan, consideration of future expansion of the airport and suggested buffer zone will be discussed. D-7. Miscellaneous Commissions and Committees • KENAI CITY COUAICIL DUNE 19, 1996 PAGE 22 MEETING MINUTES D-7a, Beautification Committee Councilwoman Swarner reported the minutes from the last meeting (which became a work session due to lack of a quorum) were included in the packet. Swarner referred to the discussion in the minutes in regard to a request from the Extension Service for the city (through the Beautification Committee) to charge a fee for the garden plots available at the Extension Service test site by the ball fields. Swarner explained, an undeveloped area of the test site was needing to have weed killer, etc. on it in order to develop it into more garden plots. The Service's budget was cut and there was no money for the supplies needed. If a fee was collected through the Service, the monies would have to go through Fairbanks and only a small portion of the fees would funnel back to the local Service. Swarner stated she spoke with Attorney Graves about the matter acid he did not see any legal problems with funds from users being . given to the city and disbursed to the Service. There is no other local gardening group through which the funds could be channeled. Acting Finance Director Feltman stated Parks & Recreation Director Frates spoke with her in regard to the matter. There would be a problem with the city accepting user fees and paying them back to the Service. It would not be a city project. To purchase weed killer, etc. purchase orders would have to be used: The city shouldn't be collecting fees so that the Service doesn't have to run the fees through their books. Swarner stated it is city land and the Service doesn't have books. She asked if the city would want to keep up that area? William suggested the matter be handled like the Beautification Committee handled the "Year of Beautification" in which a checking account was kept by a person and separate from the city. Donations were made directly to the local group and not the city. Swarner asked if council would object to a group requesting a user fee for city property. Williams noted council had given direction that commission members should not ask for donations. Swarner asked if the council would want to donate money for the supplies needed to clear that area ($200 to purchase weed killer). Smalley asked if fertilizer would be needed. Swarner • KENAI CITY COUNCIL MEETING MINUTES JUNE 19, 1996 PAGE 23 added, she did not want to make a motion as she was a user of the garden plots and felt it would be a conflict. MOTION$ Councilman Smalley MOVED for the city to fund $400 for weed killer, fertilizer and lime from the Legislative account and Councilman Moore SECONDED the motion. Bannock asked who would hold the money, buy the products, and who would apply the products. Bookey stated he was apprehensive as the weed killer was a toxic substance. He stated he would not support the motion. Swarner answered, the products would be used on the unused garden plots and would be applied by the Cooperative Service Agent, Tom Janz. The application of the products would be beneficial to the users of the garden plots who do not sell their produce and pay no fees at this time. The fertilizer would be used for the trees at the test site as well. Frates added, the products would be used to establish a lawn in that area. The fertilizer and lime would not be used on any particular garden plots. Williams stated he did not think Swarner had a conflict. VOTE: Swarner: Yes Moore: No Measles: No Bannock: No Smalley: Yes Williams: No Bookey: No MOTION FAILED. Swarner asked if council had objection to the users donating funds. Williams stated he thought that should be a decision among the users. D-7b. Historic District Hoard No report. D-7c. Challenger Steering Committee Williams reported a meeting was held last week. He and the director of the program (Kathy Scott) would travel to Anchorage 40 to discuss an ongoing fundraising campaign with Northwest Strategies, a public relations firm. KENAI CITY COUNCIL MEETING MINUTES JUNE 19 , 1996 PAGE 24 Williams referred to information in the packet at I-1 in regard to a conference to be held in Pittsburgh in October entitled, "Touching Minds and Changing Futures." Williams stated a group of three people would be attending in regard to the Challenger Center project. He would like council to allow Councilman Bannock to attend. The benefit would be the conference itself, as well as a visit to a Challenger Center in Wheeling, West Virginia which has a NASA Learning Center, much like what is proposed for the Kenai Center. They plan to cut the costs by sharing rooms and money would be available in the Legislative travel budget to pay for Bannock's travel costs. Bannock stated he would decline to attend as he did not feel it would be appropriate for him to go. William stated he would still like to have someone attend which could be determined later. There were no objections from council to send a person to the conference. D-7d. Kenai Visitors s Convention Bureau Board 0 No report. ITEM Be NOES Regular Meeting of June 5, 1996. Approved by consent agenda. None. G-i. Disouesion - Leif Hansen Memorial Park Policies and Procedures. Council referred to information in the packet which included suggested changes to the policies and procedures developed from comments council made in earlier discussions, as well as letters of concern, etc. Smalley reported he attended the Kenai River Festival this year and was impressed by the care taken during the Festival and the • KENAI CITY COUNCIL MEETING MINUTES JUNB 19, 1996 PAGE 25 0 • clean-up after. He added, the Festival is an activity that could be moved elsewhere, but he had no problem with it being held at the Parka He referred to the letter added to the agenda from Roger and Francis Meeks and their concern the Festival may become more commercial oriented and agreed, care must be given to that. Councilwoman Swarner stated her objection to cars parked on the lawn. She added, she had heard both positive and negative comments in regard to the Festival. Marion Nelson (Kenai River Festival Committee) explained they had been given permission to drive vehicles onto the lawn. Swarner stated she would want that curtailed. Swarner asked what the city's cost was for the port -a -potties and garbage pick-up, etc. Frates answered, $100 for two port -a -potties for two days. Smalley compared the weight of the large lawn mower and a van which about the same. Smalley stated he had been concerned about the parking the lawn as well. Frates stated they found no damage. Lori Landstrou - Member of the Kenai River Festival Committee. Landstrom explained, it was not their intent to allow vehicles parked on the grass. They allowed them to drive on the grass in order to move materials to a particular area. Others that parked on the grass were asked to move, etc. Williams referred to the information included in the packet and asked if council wanted to seta number of people allowed -at --an activity,_identify types of activities, or leave those decisions to the discretion of the Parks & Recreation Director and city manager. Bannock stated he discussed the matter with the Planning & Zoning Commission and it was.noted the city had a specific area for activities of this nature. He added, he had no problem turning the decision over to the city manager with input from the Parks & Recreation Director. The Parks & Recreation Commission made their recommendation. He added, the River Festival did an outstanding job. Landstrom was asked why they chose that spot. Landstrom • answered, they like the. location. It is seeable from the highway. She had not spent any time at the location on the park strip. They were concerned about noise from the airport and conflicts with softball tournaments. She will visit the industry celebration to see how it works with a tournament going on at the • • KENAI CITY COUNCIL MEETING MINUTES JUNE 191 1996 PAGE 26 same time. Landstrom added, the city has been good to help with the port -a -potties, electricity, etc. She heard no negative comments and encouraged concerns be forwarded to her. Smalley suggested the Parks & Recreation Director and city manager determine the deposit rate based on the activity to take place. Williams suggested the matter be sent back to the Parks & Recreation Commission for their review and suggestions. After their review, etc., the matter should be forwarded back to council for review. 0-2. Discussion - Cherrier Paving Request/Mission Street Acting Public Works Director La Shot explained Henry Knackstedt (the contracted engineer) was in the audience. La Shot referred to a memorandum included in the packet from Kornelis which discussed the request from Cherrier to have two pieces of his property paved in gxchange for the 3,802 sf of property needed to complete the alignment of the Mission Street project. La Shot stated the 31802 sf was required for the right-of-way. The cost of paving would be approximately $8,000-$121000. Bookey stated he didn't feel comfortable to do either one. La Shot stated he would want to limit the excavation to none, unless the city had to do more excavation within the right-of-way. Bookey stated he was not comfortable to pave a parking area, etc. on private property. That should be done with an LID. Williams stated he did not think any of the grant funding could be used _ for paving private property. Those costs would have to be paid with General Funds. It appeared that without some arrangement with Cherrier, the project would not get done. Bookey suggested there had to be some way to work around the 3,802 sf. Knackstedt stated, without the 31802 sf, there would be no way to fit the road through and have room for utilities and sidewalk. The roadway could be narrowed down, however that would cause traffic jams. Bookey suggested finding the fair market value of the properties and make a cash offering to buy it. He had no objection to try and purchase the property. Williams stated he thought the city should try to acquire the property. He suggested a contractorls estimate could be included with the offer to purchase the property. Cherrier would still be paying for his paving, but he would have to order the paving. KENAI CITY COUNCIL JUNE 19, 1996 PAGE 27 MEETING MINUTES Williams noted Alaska Avenue was not a city -dedicated street. La Shot indicated (on the map included in the packet) the 20' wide street was a city right-of-way. Williams suggested the city could take the responsibility in paving the road if Cherrier would take the money the city gives him to pave his own parking lot. Bookey noted a 20x150' area would have to be excavated which would cost more to do (approximately $16,000-$20,000). Williams noted the city could not pave the parking lot. Bookey stated he would like the city to make a proposal to buy the 3,802 sf and added there were a lot of unknowns the other way that might come back to haunt the city. Bannock asked if any altering could be done to the site plan at this stage of the process. Knackstedt stated he did not think so as changes had already been made. He explained, it was a two-way road which had to go to a one-way narrower street. • Bannock suggested if Cherrier was not willing to give up his right-of-way, administration should alter the project to end right in front of Cherrier's road, i.e. change the plan so the Cherrier right-of-way is not needed. • Smalley suggested administration first ask for the dedication; if Cherrier won't give it, ask the purchase price; if Cherrier is unwilling to sell, then dead-end the street. Bookey asked if it would be possible to make it a two-way street narrowed to a one- way street through? Williams noted it was a one-way through, plus a sidewalk at this time. Williams stated it seemed if they were going to make it a circular drive, and a lot of traffic would be coming around there, consideration should be given to paving that 1501. Knackstedt stated they are matching up with the existing pavement. That part of Alaska Avenue did not have anything to do with the project. Williams noted, the city couldn't do that. He added, the city was trying to preserve a part of the historical part of the city. He suggested administration write a letter to Cherrier and offer fair market value for the 31802 sf. If he is unwilling to sell it, take the property by condemnation. Bookey was concerned it would take two years. Williams noted it could be done by the fast track method (take the property, use it for public purpose, put the money in escrow, and let the court decides how much it would cost.) • RSNAI CITY COUNCIL MEETING MINUTES JpNE 19, 1996 PAGE 28 Attorney Graves stated it could be done by "quick take" and explained the procedure (get an appraisal, file a notice of condemnation, deposit the money in escrow, Cherrier would have the opportunity to contest the valuation). Smalley stated he thought the property should be appraised first. Knackstedt stated it was part of the ISTEA funding that all the properties had to be appraised when purchased or donated. He would check with DOT if the city would do a quick take -- if it is okay with DOT or does it have to be free and clear land. He was concerned a condemnation might not be okay with the DOT. Williams stated his biggest concern was if the project continued to be changed, the funding might be lost altogether. Bannock added, if that happens and the major benefactors of the project are the reason the funding is lost, there is no shame. Williams noted, the Cherrier•s were not the major benefactors of the project. The Church and Rectory would be the major benefactors. It took three years to get the acceptance by the Archbishop for the use of the property, right-of-ways, etc. • Williams suggested to send a letter to Cherrier and tell him the council could not entertain his request to the paving and respectfully submit, one more time, the city's request for the use of the land for which the city would be willing to pay fair market value and see what the response would be. There were no objections from council. Williams asked if council was comfortable in acquiring an appraisal in the meantime. There were no objections from council. 0-3• Disonssion - Kenai Animal Control Shelter. Bill Godek, Kenai Animal Shelter - Godek reported he attended a Borough Finance Committee meeting, along with Public Works Director Kornelis and Mayor Williams. The Borough Assembly directed their attorney to develop an ordinance for the Borough to accept animal control powers (for the Borough). It was explained they wanted to have the ordinance passed prior to putting any money out. The Assembly was agreeable to look into the matter. Williams referred to the Bill Kluge letter included in the packet which estimated $565,000 to construct the new shelter (including a five percent construction contingency factor). Williams suggested setting the matter aside until the Assembly acts on their ordinance adopting Borough animal control. • KBNAI CITY COUNCIL JUNB 191 1996 PAGE 29 MEETING MINUTES Bookey stated he was disappointed the cost came to $565,000. He added, he thought council agreed to a not -to -exceed amount of $500,000. The cost could end up higher than $565,.000 when the building is completed. Williams suggested waiting until the Borough acts and suggested the question could be placed on the October ballot. Smalley stated he talked with people on the Assembly after the meeting and they told him that Godek made an outstanding presentation. Direction was to place the matter on the August 7 council meeting agenda. 'T IM Ruslusse H-1. Bills to be Paid, Bills to be Ratified MOTION: • Councilman Smalley MOVED for approval of the bills to be paid and Councilman Bookey BECONDED the motion. There were no objections. BO ORDERED. B-20 Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED -to approve H-2, purchase orders exceeding $2,500 and include the purchase order to Alaska AirGas Lit the amount of $7,344.10 and Sterchi Construction in the amount of $5,000. Councilman Bookey BECONDBD the motion. There were no objections. BO ORDERED, R-39 Approval - Special Use Permit Extension - Bierdeman Logging, 0 Williams referred to the information included in the packet and noted Bierdeman was requesting an extension to the Special User Permit. Bookey stated he had no objection and asked if everything was going as expected. La Shot answered, there had been no problems with Bierdeman. Swarner asked if he removed any trees that were blown down from the wind. La Shot answered, he did not think so. only if the KENAI CITY 'COUNCIL MEETING MINUTES • JUNE 19, 1996 PAGE 30 wood had some value. Williams asked La Shot if there were any technical problems with an extension. La Shot answered, he had no problems. There were no objections from council to extend the permit. �J H-4. Approval - Assignments of Lease/Lot 9, Block 1, Cook Inlet Industrial Air Park: Attorney Graves explained the assignments were standard, but more complicated due to another loop in the process. The Grimms were assigning their lease to the Johnsons; the Johnsons were, in turn, giving a security assignment to the bank for money to purchase the leasehold interest, the first deed of trust on the leasehold interest; and the Johnsons were giving a second back to the Grimms because they were not paying the whole cash price. The security interests were only on the leasehold estate. The city would continue to have the full fee -ownership of the property. The city was protected. . g-4a. Assignment of Lease - Ronald J. Johnson and Charles Grimm to Harry 0. Johnson, III and Diane H. Johnson. MOTION: Councilman Smalley MOVED for approval of the Lot 9, Block 1, Cook Inlet Industrial Air Park Assignment of Lease from Ronald J. Johnson and Charles Grimm to Harry 0. Johnson, III and Diane H. Johnson. Councilwoman Swarner SECONDED the motion. There were no objections. 60 ORDERED. 8-4b. Assignment of Lease for Security Purposes - Harry 0. Johnson, III and Diane H. Johnson to Ronald J. Johnson and Charles Grimm. MOTION: Councilman Smalley MOVED for approval of the Lot 9, Block 1, Cook Inlet Industrial Air Park Assignment of Lease for Security Purposes, Harry 0. Johnson, III and Diane H. Johnson to Ronald J. Johnson and Charles Grimm. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-40. Assignment of Lease for Security Purposes - Harry 0. Johnson, III and Diane H. Johnson to First National Bank of Anchorage. KENAI CITY COUNCIL MEETING MINUTES JUNE 190 1996 PAGE 31 MOTION $ Councilman Smalley MOVED for approval of the Lot 9, Block 1, Cook Inlet Industrial Air Park Assignment of Lease for Security Purposes, Harry 0. Johnson, III and Diane H. Johnson to First National Bank of Anchorage. Councilman Measles BECONDBD the motion. There were no objections. 00 ORDERED. B-S. Diaauaeion - Matching Funds Request/Historic District Board - Archeological Study of Shkituk' Village Interpretive Site Location. Engineering Technician Clark explained the Historic District Board was asking council if they agreed an archeological survey of the Shkituk' Village area was necessary prior to commercial development. The survey was not required by law, but the area may hold significant artifacts. If council did agree, the Board wanted to know if the council would want to match funds. Bill Xluge - Historic Board Member. Kluge explained the Board was developing plans to do an interpretive pathway through the Village area, and it was brought to their attention that artifacts had been found in the past, dated to 1000 AD. He adued, it was State policy to have surveys done before developing area thought to have archaeological significance. Kluge reported, the Board thought support could be found in the private sector for donations. They thought a survey would cost approximately $4,000 and felt $20000 of the funds could be found in the private sector. They were hoping council would match the $2,000. Any artifacts found would be placed at the Visitors Center. Williams stated he would support the issue because the area had been put on hold for development. it was something needing to be done. Bannock asked if grant money could be received through the Certified Local Government. Clark stated it was a possibility. Council agreed an attempt should be made to acquire grant funding first. H-6. Disouesion - Kenai/Soldotna Sewer Line Feasibility Study. Williams referred to the letter included in the packet from Wm. Nelson. Nelson's cost for a feasibility study was proposed at M $7,600. Soldotna Mayor Lancaster proposed Soldotna and Kenai split the cost. KENAI CITY COUNCIL JUNE 191 1996 PAGE 32 MEETING MINUTES Bookey stated he did not think the study and sewer line should _be considered until after the city's new well development, etc. is completed.. Williams asked La Shot if there were any grant monies which could cover the cost. La Shot answered, there was a possibility certain portions of money could be used, but he would have to investigate it first. Bookey suggested any grant funds the city has were dedicated to the City of Kenai. Swarner stated she agreed with Bookey and that the city should take care of its own constituents before putting a line in for Soldotna. Soldotna would benefit more from the placement of that line than would Kenai. Bannock agreement. Smalley added, he did not think the matter should be considered at this time. 8-7. Discussion - Industry Appreciation Picnic. Williams referred to his memorandum included in the packet which . discussed the plans for the Industry Appreciation Picnic scheduled for August 24. Williams added, a planning meeting was scheduled for June 25 and he requested representatives from the Kenai Fire, Police and Parks & Recreation Departments attend. Williams reviewed the proposed needs affecting the city. Swarner requested a fiscal note for the proposed cityfs responsibility. Williams stated he would provide it at the July 3 meeting. Swarner questioned the need for additional police personnel on duty. Williams stated it was -needed because of the high profile people that would be in attendance, i.e. Senator Stevens, Senator Murkowski, Representative Young and Governor Knowles. RECU-1-18 sses=oN - City Manager Severance Agreement/Package. Not held. AOMINI02Rlz0H RBPORTs I-1. Mayor a. Assisted Living Center - Williams reported he spoke with John Verdugo in regard to the Assisted Living Center. Verdugo reported he had a commitment from GMAC Financing for the project, they want a guarantee in the form of HUD insurance. HUD denied the proposal without reviewing the $40,000 needs study forwarded with their application. HUD based their denial on • 0 KENAI CITY COUNCIL JUNE 19, 1996 PAGE 33 MEETING MINUTES their opinion that the Homer Living Center was large enough to serve the needs of the Peninsula. The Homer Center is not an assisted living center. Williams added, he told Verdugo he would write to senator Stevens and contact Alaska Housing Finance Corporation in regard to the project. The project is not dead, but will need to overcome problems in bureaucracy. Williams added, it did not look good for the project to go forward this year. b. Temporary City Manager - Williams asked if council would prefer to wait until after the outcome of the August 7 meeting or proceed as soon as possible to bring in a temporary city manager. Williams added, he thought it best a temporary should be considered at this time, instead of a full-time manager. Smalley asked Acting City Manager Dan Morris if he saw any problems and what he would prefer. Morris answered, it is a hardship for him and any other department heads, to do both jobs. It places more of a burden on the other Police Department personnel. It is difficult to put enough attention on matters needing to be accomplished by the city manager. He added, his staff has taken care of the problems and it has been straight forward for him. However, there are probably items needing to be done for the long term that probably wouldn"t be made with an acting city manager. Morris stated he would defer to council on whether they prefer to have him continue as acting city manager or assign another department head or hire temporary city manager. Williams stated, if council would continue in the direction going and if they would desire the services of an interim city manager, the likelihood of an interim city manager making major decisions would be very unlikely. The council would see to that. He personally did not think council would involve themselves in a search process for, depending on the outcome of the next thirty days, for two to three months. He added, council needs to decide whether they want to leave things coast until the next meeting, if a decision is made, or begin thinking about it now. Hookey stated he would like things to continue as they are until after the July 3 meeting. This would allow council to have to process it through and make recommendations at that time. There were no objections from council. It . KBNAI CITY COUNCIL MEBTING lAINUTES DUNE 19, 1996 PAGE 34 c. Municipality of Anchorage/sconomic Development Forwm► - Williams noted Mayor Nystrom was requesting nominations of people in the Kenai community -to attend the Forum. Williams asked for suggestions from council. Kim Booth (Visitors Center), Theo Matthews (UCIDA) and Bob Scott (Salamatof Seafoods) were suggested. Williams stated he would talk with them. 1-2. City Manager Acting City Manager Morris stated he would be out of town on Monday. I-39 Attorney No report. 1-4, City Clerk City Clerk Freas read into the record the following telephone . poll information: A telephone poll was requested through Daniel L. Morris, Acting City Manager on June 6, 1996. The Kenai Senior Center/Vintage Pointe Manor is requesting Council approval for a purchase order to sterchl Construction for labor, forming, pouring and finishing a concrete sidewalk on the west side of- the Vintage-- Pointe -Manor for a total cost of $3, 000. Landscaping and -finish -work around the- sunroom _cannot- -continue - until the sidewalk work is completed. (Funds to be transferred for this work were approved by council at the 6/5/96 meeting by passage of Resolution No. 96-40.) This purchase order was held by Finance Director Sweeney and not included on the approval list of purchase orders over $2,500 included in the June 5, 1996 council meeting agenda. Freas reported the poll was authorized and signed by Daniel L. Morris, Acting City Manager; was signed by Robin Feltman from the Finance Department; attested by Carol L. Freas, City Clerk; written by City Clerk Freas; and the poll was taken by City Clerk Freas. The following vote was taken: Williams, absent; Measles, absent; Bookey, yes; Smalley, yes; Swarner, yes; Bannock, yes; and Moore, yes, KENAI CITY COUNCIL • JUNE 19, 1996 PAGE 35 MEETING MINUTES 1-5. Finance Director Acting Finance Director Feltman reported she was soliciting - applications for a temporary accountant position to help the Finance Department while they are shorthanded. Williams asked if there was a directive to the Acting City Manager to continue with that process. Bookey asked if this was a temporary position. Feltman answered yes. There were no objections from council. 2-6. Public Works Director Acting Public Works Director La Shot reported the following in regard to Kornelis' memorandum, Information Item No. 2, which was included in the packet: a. Spur Highway - A DOT response to Kornelis' letters discussed at Item No. 6 would be included in the next meeting packet. b. Excavation/Lots 13 and 14 - Excavation was completed . with only 68 cubic yards of material. They had budgeted for approximately 500. This may be increased depending on the results of confirmation testing. However, they don't expect to go much higher. c. Aerial Photography/Bluff Area - Photography has been received in regard to the bluff and the amount of erosion which had taken place over the years. They will be reviewing the -information. d. Well Project/Land Acquisition - The classification of the government classified land did go through the Borough Assembly and was approved. The next step would be to taken through the Borough Planning & Zoning for approval to transfer the land. This will probably happen during the July 9 meeting and then to the Borough Assembly for final approval. There will be a question in regard to the parcel north of that property (which he will bring to council at a later date). At this time the property is classified as recreation and they would like a formal request from the city to also take ownership of that property. e. Marathon Road Clearing - Williams asked what the 4o clearing of the long stretch that ties into Marathon Road -- who was responsible for it. La Shot answered it is a Homer Electric powerline section line easement. It is a new rebuild coming KENAI CITY COUNCIL MEETING MINUTES • JUNE 19, 1996 PAGE 36 downtown which would eventually tie into the new substation off Marathon behind Craycroft. That substation will replace the one on Walker Lane. The property along Marathon Road was purchased from the city. f. Road Patch - Councilman Smalley asked about a road patch by Lawton and Wooded Glen Court. Smalley asked if it is a temporary patch, because it is already lower than the main road. La Shot answered, the patch may have been done because of a hasty dig job on a malfunctioning valve for the Spur Highway project. La Shot added, if it was settling, they would probably have it redone. The matter could be partly the Staters responsibility. • • g. Beach Restroom - Councilman Bannock noted the restroom at the beach had been vandalized again and asked La Shot for his comments. La Shot stated there was not much to say. The front T-1-11 siding will need to be replaced. Bannock suggested the next time the restroom was vandalized, it be removed from the area. La Shot stated he believed it had been vandalized three times since its installation. h. Spur Buffer Bones - Williams noted he had discussed the driveway entrances from the Spur into the buffer zone with La Shot and Kornelis. Williams asked if La Shot had discussed the matter with the engineer. La Shot stated the State had not problem with topsoiling, seeding and probably eliminating the curb cut, at least to one. They would like to keep one for a short distance to allow maintenance vehicles access that side of the road. They are still discussing that. Williams noted the issue was the two cuts made in front of the buffer zone across from Craycroft and down. He wanted the State notified it was never the city's intention to have those there and the area has been a long-term buffer zone. 2t is the city"s intention to keep it as a buffer zone and there was no need for driveway cuts and gravel approaches. i. Rogers Road Paving - Swarner noted they have pavement higher than the street on Rogers Road. J. Speed Bumps/visitors Center - Swarner noted the speed bumps at the Visitors Center are disappearing. La Shot stated the bumps were probably wehring out and could have been damaged during snowplow operations. Swarner stated she felt the problem still needed to be addressed as people were still speeding through the parking lot. KENAI CITY COUNCIL MEETIN JUNE 19, 1996 G MINUTES PAGE 37 Bookey stated the Kornelis placed bumps were never anything12 x 311 speed bumps in right to high s ' Council had discussed umps placed which begin With. througheed bumps. He added a a , Wide, five or six.I deter hit anadministration. ' he felt it was six`inch hurt sooner or He Was verynot done correctly to have them placed. later and thawas tned someone he reason they get Williams suggestedY asked stated a noticeable dc change the width ° Will slow down. hangs would f them at least. come back Swarner re have to be made before Bo°key Width. with a better quested administration AepAle Alan and cost estimate o directed to double the k. JuAk Car/eeavb - car was on the it councilman north of the beach and Moore noted another Additionat mouth of the appeared it was pushed off t junk Y, old batteries fiver' Ar°babl he bluff were Yin section 36. __�� , etc. layin Airport �haoer g around there. a' =nteraat he, Fire Chief drogp/ARFF - to Williams Burnett and Airport Manager Ernst reported Presented that the final mayor Williams met. p x'ted Commissioner the state business plan was It was reported Perkins and F the plan and ar • DOT and theTG Govern to et With to be would take garner their support overnor next Weeki o it to the FAA as the fin With their sup or Present b' AAAE MeetiA al wrap,u to p t• they then annual conference. g - Ernst re o A the project. Salt Lake While there A rted he just returned from training , Helena, Yuma and Duluthe met with m the all those Center or one coming airport managers of EPeople as 9 on They all either have begins, Ernst a resource when the builie lding a fire Bowers, Directortated he was also lding of the help from will evaluate the°f Statewide able to spend time project Project for project. Aviation and w with Paul the taking. He added, Kend will bt the person who he only written c• Inters of Interspace were ce Advertisiu advertising, in town to work Ernst reported representatives date had si' etc' They are using at contraoting ou seem to be real p improximately $ 1,00ohe d Mark Air space 8t1c and of adverti,sin and to Ernst added, are moving forward. g' They advertising there did not seem g people at this t° be a lot of animosity time. Bookey asked if m Y with the knew what KENAI CITY COUNCIL MEETING MINUTES JUNE 190 1996 PAGE 38 kind of responses were being received from businesses in the city. Ernst answered real well so far. d. Information Highway/Internet - Ernst reported discussion at the conference was about how airports were interfacing with the information highway, etc. AAAE has an extensive website which will be a great help to airports. The Kenai Airport will go on line the beginning of July. e. Fuel Facility - Measles asked about the status of the fueling facility at the Float Plane Basin. Ernst answered the E- prompt was received from Petrovan. They attempted to install it on Monday and it was a faulty E-prompt. They are in the process of getting a new one and installed immediately. f. Float Plane Blips - Swarner asked how many float plane slips had been leased. Ernst answered stated he did not have the exact amount, but knew it was more than five. There is one commercial user and one application for a commercial space. Bookey stated it seems there has been more use of the facility this year than in past years. Ernst stated he would have a count at the next meeting as the tower is now keeping track for him. Im ss n=BCUSSION J-1. citizens Bob Paters - In 1994 the "dreaded storm" hit Mission Avenue. That spring, he mentioned to Kornelis he did not think it a wise idea to store the snow at the intersection of Mission Avenue and Main Street. He also didn't think it was a good idea to store the snow at Mt. Redoubt lookout either. Peters added, he was grateful that the city plows his street, however Kornelis stated he would have the snow removed from those stored areas prior to spring. He didn't. Peters passed pictures to council to show the results of the melting snow had on the bluff, eroding a few feet of the bluff. Peters stated there had been about 12-15 feet of bluff there. The bluff now eroded back to about three feet. Peters noted the barriers were not effective on Mission Avenue. There was still a lot of traffic on the road, even with it not being graded. is Peters referred to the picture in the morning paper of a youngster jumping off a dune. It seems to be a new craze. He KENAI CITY COUNCIL JUKE 19, 1996 PAGE 39 MEETING MINUTES has observed youngsters running down Main Street and diving off the bluff. oilers were doing it also. He spoke to them and they were very polite and respectful and they quit. He told about six or eight groups of young people that day about the harm they were doing when they were jumping off the bluff. Most of them were somewhat respectful. The last group he told were not respectful and were smoking something other than cigarettes. They were sitting on the and of the bluff and he talked to them about the harm they were doing to the bluff. Their repsonse was very disrespectful. He asked if the city's position was, i.e. does council care? should he care? should he talk to the youngsters about them being or the bluff and damage being done? Peters stated he talked to the Acting Police Chief about the problem. If the dunes were considered sacred, he believed the bluff should be too. Councilwoman Swarner stated she agreed and council should be concerned. She also agreed the snow should not be piled there. Swarner requested from the Public Works Department, a plan of where snow will be stored and not near the River or Senior Center. Bookey asked how Peters felt a "keep off the bluff." Peters do much good. Williame added, council has talked, requested, answers. J-2. Council bout putting signs out there saying answered he didn't think they would they don't know what to do. The etc. and have not had any good eookey - No report. BWarner - Reported she would be out of town from June 20 through the evening of July 1. Moore - No report. Measles - Stated he was disappointed and embarrassed by the actions of the council and would very much looking forward to the document that would be given to the city manager after the next council meeting to find out what these reasons are because since this all started, he spoke with each person on the council individually, some of them several times, and as of tonight, no one, none of them, had given him one single valid reason for this action. He added, he thought he was as anxious as the city manager himself to find out what he had done to deserve this action. KENAI CITY COUNCIL MEETING MINUTES 0 DUNE 190 1996 PAGE 40 Williams -stated he would be glad to meet with Measles right after the council meeting. Measles stated he had talked with Williams many times.. Williams answered, he --had not talked with him, but yelled and screamed at him a couple of times. Measles asked who yelled and screamed first. Williams answered it wasn"t him. Measles stated it was. Bannock - No report. Smalley - No report. W1111ams - No report. The meeting adjourned at approximately 10:15 P.M. Minutes transcribed and submitted by: 110 dg±e�& Carol L. F eas, City Clar APPROVED 6Y COUNdL 61, - . .446A"W-1 ' DATE �