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HomeMy WebLinkAbout1996-07-03 Council Minutes• Fi_ ; db KBNAI CITY COUNCIL - REQULAR XNETING DULY 3, 1996 7800 P.M. KLNAI CITY COUNCIL CNR1[BBRs 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. 8. 8C8UDOLED PUBLIC COAT_ (10 Minutes) i. Bunny span - Fair for Youth. 2. sue and Frederick Dutbweiler - Access to Mouth of Kenai River/South Side. C. PUBLIC UEARIN N None scheduled. . D. COMMIssIONLCOMMITTE$ R EN-1s 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 B. NINUTSs 1. *Regular Meeting of June 19, 1996. -1- • is • rCIREEff . : L: 1. Discussion - Extension of Water/Sewer Mains - Habitat for Humanities/Habitat Acres, 2. Discussion/Approval - Letter Giving Written Notice and Reasons for Proposed Removal of City Manager, 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1705-96 Increasing Estimated Revenues and Appropriations by $5,987 in the General Fund as a Result of the Rural Community Fire Department Grant Awarded to the Kenai Fire Department. 4. *Ordinance No. 1706-96 - Increasing Estimated Revenues and Appropriations by $10,00o in the New Capital Project Fund for a Phase I Environmental Assessment of the Airport Jet Fuel Facility. 5. *Ordinance No. 1707-96 - Increasing Estimated Revenues and Appropriations by $10,000 in an Existing Capital Project Fund or Additional Drilling and Environmental Testing at. the City Maintenance Shop, 6. Approval - Assignment of lease/Lot 91 Block 1, Cook Inlet Industrial Air Park from Harry O. Johnson, III and Diane H. Johnson to Harry 0--Johnson, III, Diane H. Johnson, Ronald G. Bridge and Marilyn J. Bridge. XECt MM 83B8I06 - None scheduled. HREEFT _ -L- •, ;: 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -2- J. DI8QUAZON : 1. Citizens (five minutes) 2. Council • KENAI CITY COONCIL - REGM6AR MEETING JULY 3, 1996 7100 B.M. KENAI CITY COUNCIL CRAMHERS MAYOR JOHN J. WILLIAMB v PRHBIDING Mayor Williams called the meeting to order at approximately-7:02 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-Z. Roll was taken by the City Clerk. Present were: Bannock, Williams, Bookey, and Swarner. Absent was Smalley. A-s. Moore, Measles, Mayor Williams requested the following changes to the agenda: • ADD To: B-a, Persons Hoheduled - Duthweiler presentation - Maps of area -- property lines, ownership, etc. ADD TO* H-a, PUrobase Orders Over $2#500 - Purchase Order to Pacific Telecom, Inc. for Wellhouse #3 Project/ $5,556.00. MOTIONt Councilwoman Swarner MOVED for approval of the agenda as amended. There were no objections. Williams noted the agenda, with the changes would stand as read. Mayor Williams noted he had no changes to the consent agenda. MOTION: Councilman Bookey MOVED for approval of the consent agenda as presented. There were no objections. 80 ORDERED. 0 2-1. Bunny Bean - Fair for Youth.. KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 2 Bunny and Rusty Swan reported efforts were being made to hold a Music and Food Fair at the ballfield park the second week of August, 1997. They discussed their idea with Bob Frates already. No. Swan added, she had been involved with the Kenai River Festival and will continue that activity. However, she and other music groups, etc. of the area would like to do this type of fair for the community. Sponsors for the event, at this time, are Artworks Alaska and Swan's Nest Restaurant. They are still in the working stages and hope for the city's support. They will continue working with the city on coordination of the use of the area, etc. Mayor Williams reported the Industrial Appreciation Picnic would probably be held in August again next year. He urged Swan to coordinate with Frates so there won't be a conflict. D-2. Bus and Frederick Duthweiler - Access to Mouth of Kenai River/South Side. • Mr. Duthweiler thanked the City Clerk for the cooperation in researching minutes, etc. for them, as well as the council for their efforts to do something about the dgstruction to the beach. Their main reason for speaking to council was because their property had been affected through the city's actions. A letter from Mr. & Mrs. Duthweiler was included in the packet to which Mr. Duthweiler referred. One of their objections was that they were not notified of the city's considerations -prior to their actions. Through the city's actions, the problem has switched from the city beach to the beach in front of their property. They personally had been working over the years with the city, borough and state in regard to bluff erosion. They were probably the only property owners with beach access on both sides of their property. There was a lot of traffic on both sides of the river with the majority of the traffic going to the mouth of the river. Duthweiler also stated the noise of the vehicles, often without mufflers is a serious problem, along with the oil dripped from vehicles onto the beach. More and more people walk on the beach. In the future, the local governments would have to deal with those problems as well. Duthweiler continued, closing the north side of the river would put more pressure on the south side. The Borough had been working on the river (river protection ordinance) to keep it as a KENAI CITY COUNCIL MEETING MINUTES • JULY 31 1996 PAGE 3 r� natural resource. Council should have looked problem instead of closing access to the road. opening of the one -lane road to the cannery t (it is a 661 wide easement). That area could and let people walk to the river. o at the overall He suggested the a two-lane road be used for parking Duthweiler stated he had been associated with the area since 1968. The Columbia Ward Cannery trucks have traveled the beach for many years. He suggested the beach probably falls into the public access since it has been used for so many years. Because of the history of use, he was not sure it was legal for the city to close access to the river. Also, if it was the back lands the city was protecting, he believed the signs should have been placed ten to fifteen feet out from the vegetation and parallel to the beach instead of sticking out. Mr. Duthweiler added, he believed a better answer would be to place a road would be pushed through (on city property) on the inside of the dunes and a parking area developed, and in the future, boardwalks and viewing areas. It would be a wonderful attraction for tourists, especially in the light of the borough, city and state, all saying that tourism was the future and economic base for growth. This area could be a positive tourist attraction. He also thought there would be enough interest that the Audubon Society and others would contribute to getting that done if the city would not be able to do such a project. If the pressure could be taken off the rest of the beach and parking made available in the back lands; keep oil off the beaches; in time produce overnight camping there; it would be better for that area. Councilman Moore referred to Duthweiler's letter in which they stated the signs were placed far more seaward than where they should have been to protect the grassy dunes. Moore stated it was council's intent to place the signs at mean high tide line, putting them from a 15 ft. to 17 ft. tide. Moore asked if the signs were below that. Mrs. Duthweiler answered they were not. Mrs. Duthweiler stated there was a problem in the way the beach was described. The council minutes describe the beach as steep, however it is a gentle -sloping beach. Moore asked if the signs were below or above what she would say was the mean high tide line. Duthweiler answered no, but they were within the grandfathered area of traffic along the beach. She added, traditionally there had been high-water traffic along the beach. Mr. Duthweiler stated there were three signs placed. KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 4 One was located about 12 ft. from the grass area, one about SO ft. from the grass area, and the third probably between 90 and 100 ft. from the grassy area. Moore noted at this -time there were extremely high tides which would put the signs or anything else under water that was on the beach. Mr. Duthweiler stated a vehicle could have traveled between the second and third sign to get to the beach, however then it would be in violation of the signs. Moore referred to the statement included in the letter, that the city had failed to provide adequate public notice. Moore stated, the discussion had been on the council agenda for a month and one-half and discussed at length by council. Mr. Duthweiler answered, they live in the borough and were affected by the actions but not informed by council that this would be on the agenda. It was something that would affect them, but it occurred without them knowing it. Mrs. Duthweiler stated that she understood the minutes to mean IDcouncil wanted to protect the grassy uplands. However, to do that, it would not be necessary to go all the way up to the mean high tide line. Also, public access had been closed down. Moore added, at high tides. Mrs. Duthweiler stated, it is a traditional use public access. It's grandfathered. Moore asked if the property owners own to the mean high tide lines. Mrs. Duthweiler answered, they do, but cannot stop traffic through there. Mr. Duthweiler added, they had already checked that out extensively through the State. They told them the area had been used historically for public traffic and that if it had been used for seven years, it falls into the public domain. This area has been used since the turn of the century. Mrs. Duthweiler added, if they took similar action in front of their home, where they would love to do it, it would close access to the mouth of the river at high tide. Moore asked if vehicles could drive into their yard. Mrs. Duthweiler answered, they have a steep bluff. They own up to 200 ft. of beach. Moore asked how far above the mean high tide line could vehicles travel. Mr. Duthweiler answered they could go to the area where they had driven for the past seven years. Any place where people have driven for a seven-year period becomes public access, whether they own it or not. They cannot restrict it as it is a transportation corridor. e Councilman Bannock referred to Item No. 4 of their letter ("Not in their back yard.'$) in regard to Cetacea Way. He stated he had . C, KENAI CITY COUNCIL MEETING MINUTES JULY 3 , 1996 PAGE 5 received several phone calls during the week about the subject. Bannock referred to the maps distributed at the beginning of the meeting and stated, the ground he was referring to did not include the subdivision portion of Cetacea Way (Unnamed Road on the map). Mrs. Duthweiler stated she believed the property south of their property had been purchased by the Kenaitze Tribal Council. They have established their educational fishery by that beach entrance. By directing further traffic to that area, a lot of children would be at risk when they are fishing. The beach fishermen, wanting to travel to the mouth to dipnet, would be there at the same time as the Tribe members as they both would be using incoming tides. Bannock stated his reason that he maintains use of "Unnamed Road" as an acceptable alternative and better alternative, was that the whole conversation came to council over one thing to protect -- the dunes. At the Cetacea Way entrance to the beach, there were no dunes. The driveway goes directly to the beach. The spot up the beach, a vehicle has to carve through the dunes for the beach access. However, he added, Duthweiler's were absolutely correct in regard to the high tide discussion. Mrs. Duthweiler stated a dune was being cut through on the edge of their property because people go down the road and turn before getting on the beach. They have done it on both sides of the entrance. Mr. Duthweiler added, that dune had been cut and used for many years -- since 1968. Mrs. Duthweiler continued, the dune on the north end of their property, was primarily on their side of the entrance. The city had no right to cut traffic - - through there as it was a section line easement which had been established over time. The Department of Transportation would not allow that easement to be closed. It's there. Bannock stated that any attempt to steer other would raise chaos from either the facts of the matter were that there was further toward the water at the Cetacea other. Referring to the noise problems Mr. Duthweiler how those problems would if Item No. 4 was a bad idea. traffic one way or the north or south. Simple a driveway that went Way entrance than at the and pollution, he asked go away for anyone else Mr. Duthweiler answered, his last suggestion of placing a paid parking lot (in the future) would keep the vehicles off the beach. Bannock stated that was not a practical reality at this time, however a great idea. Bannock restated, the council's concern was to protect the dunes. If they wanted to protect the KENAI CITY COUNCIL MEETING MINUTES • JULY 3, 1996 PAGE 6 beach, they would have to eliminate all traffic. from the beach, but that won't happen. The simplest way to access the river, with what is there, was at Cetacea Way. Councilwoman Swarner asked if the where the porta-potties were situated, was that the Kenaitze fishing area. Mr. Duthweiler answered yes. Swarner added, she was sorry they were not notified by certified mail about council's discussions, but the information was in the paper. It was one of the things they assume people read in the Clarion. Mr. Duthweiler answered they do not. Councilwoman Swarner added, she believed the mouth of the Kenai River was an example of another item directed to the administration to do some research and give council recommendations, but were let down. Mrs. Duthweiler steted they have had a section line that was encroached upon and narrowed there. There's a fence that had been placed too far that allows more and more traffic along their property which she felt was an abominable situation. This, in addition to that was very offensive to them. She believed that someone needed to look very closely at finding a solution, At this point, providing an access to the mouth of the river, would be the only solution. For the years that she had been hearing about the situation, both the borough and city have said it was a wetland. Permits could be obtained to build in wetlands. She added, she had done that type of work in the past and volunteered to help the city because she wanted to see something productive done. She.added, this would not go away at this meeting and they would be back. Councilman Bookey asked Attorney Graves if the city would be bound to grandfathering of the easement. Graves answered, ordinarily the seven-year rule would apply to private property created easement. However, there are severe limitations on how public property could be taken by adverse possession. The ordinary rule was you could not adversely possess public property. He would want to double check if.that rule applied to easements across public property for seven years to make sure it was not an exception to the ordinary rule. Mrs. Duthweiler added, if that was the case, the signs needed to be up to somewhere where city land starts instead of on the city boundary. Williams asked Kornelis what the disposition of the • signs was and how they were located and how they came to be involved in placing them. KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 7 Kornelis passed out the "To Do" list from the May 1, 1996 council meeting. Williams read from the list that Kornelis was to place. four or five signs along the mean high tide line stating., "no. _ vehicular traffic above mean high tide water mark." Mr. Perrizo was to mark where the signs should be placed. Also, place a "no turnaround" sign on the Perrizo property. Mrs. Duthweiler stated that was not a dead end. Mr. Duthweiler stated that was a transportation easement. Williams stated the particular easement was a section line right-of-way protected under federal law with a 66 ft. easement. The problem compounding this was that the city boundary split the 66 ft easement -- half in the city- and half in the borough. Perrizo was in the city. Council was trying to accommodate Mr. Perrizo, protect the dunes, etc. all at the same time. Kornelis stated he understood the signs were to be placed parallel to the dunes and a distance back. Council directed his to have Mr. Perrizo mark where the signs were to be placed and he instructed his crews to do that. Kornelis added, the signs could be moved easily. The photographs (passed out) showing the sign placements, were not quite what he had in mind. The signs were placed perpendicular to the water. Kornelis added, the other sign (no turnaround) was placed because motor homes were going down in that area and getting stuck and couldnIt turn around. Perrizo,s request for the dead end sign for no turnaround was to keep vehicles out that could not go on the beach. Kornelis added, the city made the sign, but Perrizo, he believed, placed the sign himsalf. Williams noted there had been a lot of discussion through the borough and city over the years about how to access the beach. Mr. Perrizo came before council trying to get protection for his property. Williams noted there were Fish & Game representatives in the audience that were concerned about council actions taken on the north side of the river. Williams added, concerns about the mouth of the river, i.e. people, access, dipnet fishing and tourism, was something that was compounded every year at this time. He added, he didn"t know what the answer was as it gets worse every year. Williams suggested administration take it back for reconsideration or the item be turned over to the Harbor Commission to review again. Williams asked council for their advice. Moore stated he wanted Kornelis to make sure what'the KENAI CITY COUNCIL MEETING MINUTES JMY 31 1996 PAGE 8 mean high tide line was and make sure no signs are placed below mean high tide line. Mrs. Duthweiler stated that wouldn't help. Williams stated there would have to be a point where they would agree on something. Mrs. Duthweiler stated she would be willing to accept moving of the signs to be parallel to the beach at a point ten feet from the vegetated area of the dunes, which was sufficient to protect them. Williams stated he would be hesitant to make that decision at this time without Mr. Perrizo being present for his input because it was his property they were dealing with. Mrs. Duthweiler added, at the expense of their property. She added, she wanted the name and phone number of who they should call in the middle of the night when they have problems. Mr. Duthweiler stated if the council and city left them in the situation they were in at this time, they would file papers to take the entire 66 ft. easement and opening it for a Phase I development of a motor home park to be placed on the northwest corner of their property. They would have to have adequate fire and police protection to open that road. Williams asked if he was speaking of the section line that fell midway between the borough and city property? Mr. Duthweiler answered yes, there was 33 ft. of it within the city and 33 ft* within the borough. Williams stated he had mentioned that issue to Councilman Bannock earlier in the day that maybe what needed to -be done was a- joint venture (similar to -the project to access Chuda House from the highway) to develop that road, pave it, and plow it in the winter. Williams added, perhaps the only thing - remaining would be to develop it and open it to the general public. Mrs. Duthweiler stated that now the problem was that there were uncontrolled, poorly developed sites which was worse than having a good road, some control and someone in charge. Williams noted that it had been his experience with the borough that if the city takes the initiative, the borough usually lets the city have its way. Williams suggested administration meet with the Harbor Commission to develop a plan that includes the development, paving and a turnaround area at the end of the road, it could probably be done without too much complaint from the borough as they would . probably like not having to deal with the problem. Williams KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 9 added, one question he had was whether the Duthweilers and Perrizos were ready to accept growth which would be a result of paving that road. Mr. Duthweiler stated they could only speak for themselves, and that if nothing else was done, that would probably have to be done. However, they strongly felt that would just put more pressure on the dunes and beach which would probably sink the beach and the dunes would be lost in a matter of time. He strongly believed that, at some point in time, a parking lot in the back to encourage people to park there and have good access to walk through a boardwalk system and viewing stands would be needed. Mrs. Duthweiler added, she understood Fish & Wildlife had funds to do a project like that. She added, she thought the community could get together to pay for a facility like that. Williams noted the suggested area for a parking lot was covered with water during high tides. Mrs. Duthweiler stated during the design, it could be reviewed. Williams referred the topic to administration and the Harbor Commission, working with the Borough Planning Department as well. Mrs. Duthweiler requested notice of meetings having to do with the matter. B-3. Sandra Vozar and Dan makkinen - Mrs. Vozar introduced herself as the owner of the Beluga Lookout RV -Park in Old Towne. --She added, she and Mr. Hakkinen had been before council some time ago to discuss the possibility of purchase/trade of property, etc. Mrs. Vozar explained Mr. Hakkinen was interested in trading his bluff property tin front of the Beluga Lookout) for a piece of property she and her husband own. Mr. Hakkinen was asking approximately $90,000 for the bluff property. Their agreement, in the past, was that she would pay for half of the cost Hof the bluff property) and donate it to the city. The city would pay for the other half of the balance. Vozar stated, she and Hakkinen had reached a tentative agreement and were requesting council consideration. She added, she did not want her name on it or anything. Instead, there would be a place for people to watch the whales, etc. Williams noted the last time she spoke to council about this matter, she and Mr. Hakkinen had not agreed on how they would be • KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 10 able to accomplish the sale. Williams asked Hakkinen if a solution had been worked out? Dan Hakkinen - 1260 Chinook Court, Kenai. Mr. Hakkinen stated that he and Mrs. Vozar had discussed the matter. Mrs. Vozar has a piece of property she would give to his for half of the bluff lot in Kenai. He had been asking for $80,000 for the property. If the city would pay $40,000, at that tiAe, Mrs. Vozar would turn her portion of the property over to the city. The property would then belong totally to the city. Mrs. Vozar added, this was something they would like to get settled as Mr. Hakkinen built a house and sold it. He was now wanting to build another house on the piece of property she now owns. Williams referred the question to council and asked if the council was interested in doing this? If so, they could probably handle it by forwarding the matter to administration to get appraisals and whatever else was necessary to review the situation if council was interested in the proposition. Councilman Moore stated he would want a public hearing on the matter. Moore asked Mr. Hakkinen how much of the property was left. Mr. Hakkinen stated, this particular property had not been eroding. There were trees growing at the bottom of the property. Williams noted he had been at the site earlier in the day with members of the Anchorage Daily News. The -bluff was erodinq rapidly in front of Mr. Peters house. _(Williams suggested Kornelis have some gravel placed in that area as the bluff is eroding almost into the street.) Williams suggested council should take a physical look at the property. Vozar added, there were trees at the bottom of the lot. Vozar continued, she, Mr. Peters and the RV Park lost a large tract of property from erosion, as well as Councilwoman Swarner's property. (Councilwoman Swarner corrected Vozar. The property she referred to as Councilwoman Swarner's property was owned privately by Robert D. O'Connell and Dennis A. Swarner.) Hakkinen added, as long as the dunes were not lost, his property should be okay. Williams suggested either turning the matter over to administration for review or have council look at the property and discuss it at a future meeting. • KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 11 Councilman Moore requested the matter be placed on the next agenda for discussion. This would allow councilmembers to look at the property. Administration could get the borough assessment on the property as well. Williams noted the matter would be placed under old Business on the next agenda. None scheduled. ;r{Y 1 • V�V • • Y�X.._ _ • _ D-10 council on Aging Councilwoman swarner reminded council and the audience the senior Center would be selling pies and hot dogs at their booth after the parade. Also, minutes of the last meeting were included in the packet. D-2. Airport Commission Councilman Measles reported the next scheduled meeting would be held on July 11. Williams referred to an application for appointment to the Commission included in the packet. The application was from Rebecca Godek. Clerk Freas noted Ms. Godek was already a member of the Historic District Board, but she --found no Code restriction from -a person being on two boards/commissions at the same time. Airport Manager Ernst stated there was one opening on the Cottmtission, however it was a designated seat for an FAA representative. He had asked for FAA consideration to have a representative on the Commission, however he had not had any response from FAA on the matter. Williams stated he and Ernst would talk with FAA to urge someone to be on the Commission. D-3. Harbor Commission Councilman Bookey reported the next Commission meeting was scheduled for July S. • RBNAI CITY COUNCIL METING MINUTES J[JLY 3, 1996 PAGE 12 D-&. Library Commission Councilman Moore reported the Commission met last night at which the planned expansion of the library was discussed. The Friends of the Library would be meeting on July 15 and had asked members of the Commission to attend the meeting to discuss the expansion. Also, the Library Commission would like to hold their August meeting on July 30 in order to accommodate attendance and finalize discussions in regard to the planned expansion. There were no objections from council. Moore also reported the summer reading program had over 200 children participating. Librarian DeForest reminded council the reading party would be held on Monday, July 15 at 10:00 a.m. The party would be held at he ballfields. Moore reported the survey results had been completed and would be included in the council's next packet. D-5, parks & Recreation Commission Councilman Bannock reported there had been no meeting held since the last council meeting. The July meeting would be held on July 11 (moved from the fourth) . D-6. Planning & Zoning Commission No report. Minutes were included in the packet. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman swarner reported the next meeting was scheduled for July 9 at 5:30 p.m. at city hall. D-7b. Historic District Board Councilman Moore reported the minutes of the last meeting were included in the packet. He explained the reason for the length of the meeting was due to using Parliamentary Procedure. He added, they discussed the sign code and requested suggested changes be forwarded to the Planning & Zoning Commission. • • 1�1 • KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 13 D-7o. Challenger steering Committee Williams reported he and Kathy Scott met with -Northwest - Strategies and had since received a letter from them stating they agreed to work with the city to find funding for the Center. Northwest Strategies believe they could raise over $2.5 million over a two-year period. The Steering Committee would be reviewing the letter at their next meeting. D-76. xenai visitors a Convention Suresu Board Councilman Bookey reported the minutes of the last KVCBB meeting were included in the packet. Their next meeting would be held on July 8 pt 8:00 a.m. B-1. Regular Meeting of June 19, 1996. Approved by consent agenda. Discussion - Extension of Water/Sewer Mains = Habitat for Humanities/Habitat Acres. Williams referred to a memorandum included in the packet from Acting Finance Director Feltman in regard to allocation of grant monies received for capital projects. In the memorandum she stated, "All but legislative grants are reimbursable grants meaning the City has to use its money to pay the expenses and then wait for reimbursement by the State. The legislative grants advance 20%, but then do not give us any until we have spent in excess of the 20%. Needless to say, the City does not earn interest on grant money." Williams noted he had requested this information during the last meeting when he discussed a donation be made to Habitat for Humanities to place water/sewer mains to Habitat Acres from leftover grant funds (Thompson Park Water/Sewer Project). Williams noted using the leftover grant funds for this purpose would be difficult as the funds had been KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 14 reappropriated to the Water Quality Development Program. The reappropriated funds were to be used for the SCADA control system. Williams added, the city would also have to do the work themselves which would add cost due to Davis -Bacon wage requirements, etc. Habitat for Humanities had requested a $30,000 donation, but he did not think the city could donate the funds without DEC approval. Williams added, the city's cost for an LID would be $52,500. This would be more than if the city could make the requested donation. Williams asked council if they wished to hold the discussion or pursue it. Bookey asked if Habitat would go forward and try to build? Williams answered, it would be beneficial to the city to make the outright donation. Habitat would know if they have funds in their treasury to go forward with the project. . Ronald Fullinck, Habitat Representative - Mr. Fullinck reported Habitat had $17,000 in their treasury at the time and did not know how much the development would cost above that amount. Williams stated, even if the city would donate the $30,000, Habitat would not have the additional $40,000 until some future time. Fullinck agreed. Williams suggested the topic be held and discussed at a future time. 6-2. Discussion/Approval - Letter Giving Written Notice and Reasons for Proposed Removal of City Manager. Verbatim: Williams: All right, that brings us to the Item G-2 under Old Business and that is the discussion and approval by council of the letter giving written notice and reasons for proposed removal of the city manager. You have Item G-2 in the packet. The draft letter and written notice and reasons and addressed from the city attorney to the council. What is the pleasure of council at this point. We should have a motion to introduce it. Councilman Bookey. 0 Bookey: • RENAI CITY COUNCIL MEETING MINUTES DULY 31 1996 PAGE 15 MOTIONI Councilman Bookey MOVED that the draft letter of the written of reasons for proposed removal of the city manager be accepted. Councilwoman Swarner SECONDED the motion. Williams: It's been moved and seconded for acceptance of the proposed, written notice reasons for proposed termination by the council. It was not the intent of the council to have too broad of a discussion on this issue tonight, nor was it the intent of the council to have any type of a public hearing tonight as the code reads, we must have a thirty -day period between the time that the city manager is notified and the time that the public hearing is held. We have set a date for that public hearing as of August the seventh to hear the public testimony. I would ask if there is any brief comments from council, at this time, that you make them regarding this before we vote. Councilman Bannock. iBannock: Just a couple. Mr. Mayor, since I didn't contribute to this draft, do I have your permission to speak to it? Williams: Why certainly. I think, with regard to the contribution to the draft, there is very little business that this council does that we directly contribute to with regard to the business of the city. We're asked more to concur in contributions and preparations that are made by staff on our behalf. So, I would certainly hope that you would vote your conscience on this matter. Councilman Bookey... excuse me, are you still.... Bannock: I'm sorry, I've got just a couple. I guess I simply will ask this to my fellow councilmembers. Looking through the items described on pages 1, 2, and 3, some conclusions are drawn. If some of the, if some or any of the conclusions of this draft are reversed, who is willing to reconsider the termination procedure? Moore: Say again. Bannock: If any or some of the conclusions of this draft are reversed, who is willing to reconsider termination? ,a Williams: Councilman Bookey. KENAI CITY COUNCIL MEETING MINUTES i JULY 31 1996 PAGE 16 Bookey: I guess that would have to remain to be seen what, what you bring to the table. I, I, I think everyone of us are sitting here with an open mind. Bannock: Okay. All right. That's, that's pretty much the answer I was hoping to get. I was hoping to get a little more enthusiastic answer to that, but...Some of the items that, some of the items listed, I give very little or no concern to. Especially not to firing the city manager over them. However, there are a couple of them that are incredibly legitimate concerns that could be addressed. I've tried to ask as many questions about them as I can. Try to, if nothing else, learn a little bit more out of it. • • The only one, that tonight, if I may Mr. Mayor, talk specifically to, is on Page 3. Ah, the last page. The third paragraph. It has to do with the situation over our city bond payment. I have taken the opportunity to speak with the branch manager, Mr. Ron Linegar about this. I have asked him, that with council permission, if he could speak to the National Bank of Alaska's version of that day and exactly what happened and with Chair's permission, I would like Mr. Linegar to do that. Williams: I would prefer to defer all of those types of comments and public testimony until such time as the public hearing is held. Again, under the provisions of the Charter and that would be on the August seventh meeting. Bannock: Okay. That's all I've got then tonight. Thank you. Williams: Further comments. Councilwoman Swarner, Swarner: I guess I'm concerned about the paragraph in on Page 3, and that's probably what Mr. Bannock is talking about. The request from the city clerk. I guess I as a council person was not aware of those and I guess I would like to see that paragraph removed. Williams: Paragraph 7 are you speaking of or Paragraph, which paragraph are you speaking of? Swarner: No. The paragraph right in front of, right prior to number seven. I think, that you know, the first part, number one and number two, I strongly agree with those two sentences. Williams: I think the one you are referring to, the request, the first request, the request came three times to the city manager KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 17 for, let's see, the memorandums are in the back, Addition to the Supervisor's Handbook. Is that the one you are referring to? Swarner: Right, that's the one I... Williams: A copy of the January 10th memorandum requesting an - addition to the city's Supervisor's Handbook, addition requested sets a policy in writing for preparation of documents for inclusion in the city council meeting packets and topics to be placed on the city council meeting agendas* it was dated February 12th. There was a second one dated May the 22nd. There seems to be documentation of the requests. Swarner: Well, I feel that that paragraph isn't needed in our letter. Williams: Okay. How does council feel? Do you want to amend the draft by omitting that one? Swarner: I would so move to omit that paragraph. Williams: Is there a second? Bannock: Yes, I'll second it. Williams: It's been moved and seconded. Any further discussion on the matter? Councilman Moore. Moore: Councilwoman Swarner, could I get you to elaborate a bit on your reasons for that? Swarner: I guess I see, i don't see that that is council related as, as some of the other points. That's an internal... Williams: Councilman Bannock. Bannock: Mr. Mayor, this is one of the items°that you and I spoke of last night and the notes that I wrote to that particular comment is, Mr. Moore, maybe this will help answer that question, I wrote, "How would I know this as a councilmember?" And ` secondly, "Should I, as a councilmember, know that?" .I think a lot of the situations here, a lot of the situations here, are things that councilmembers are treading in where they don't belong and I think that was just a perfect example of it. Williams: I think the paragraph is indicative of a far deeper concern that many of us have for the performance of the city • • KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 18 manager with regard to his job. I'm not sure that it's just the specific issue of the, whether or not the city manager answered the city clerk's request for the material to be added to the Supervisor's Handbook, there are many, many things that have not been included in this document. All one needs to do is pick up the daily newspaper and read the factual comments that have been made there and virtually none of those things have been included, but they are all indicative, I think of, of the city manager's management style, or lack of. I personally would vote to leave it in. Bannock: Sir, I'm sorry. That, that comment, cannot, that's not correct. We're not using the newspaper or any other media for the proposed reasons. Williams: You're exactly right. I said one need only do that, that they have not been included. Those items have not, we'll, we'll take a vote on it. It's been moved and seconded for an amendment. So is there further discussion on it? All right. Seeing no further discussion, I will ask the Clerk to call the roll on the amendment to remove. VOTRI Moore: No Measles: Yes Bannock: Yes Smalley: Absent Williams: No Bookey: No Swarner: Yes Williams: All right. It stands three, three. It will remain. All right, further discussion? Councilman Measles. Measles: Just a couple of comments and I'll save most of them for the public hearing if the public is not going to be allowed to speak tonight. It's a sad situation that this thing has gone as far as it has. It has been an embarrassment to the public, the citizens of Kenai, the employees of the City of Kenai, to this council and it didn't have to be that way. There were provisions in the contract to terminate the city manager under the contract terms without all of this secrecy and everybody could have lived happy, shook hands and went on their way. The council elected to by pass the contract we had with the city manager, in secrecy from the public, and in some cases, from some members of this council. I have a real problem with that and in reading he accounts in the. paper, I see that the statement was made that the city council KENAI CITY COUNCIL MEETING MINUTES iJULY 31 1996 PAGE 19 runs this city. I believe the Charter provides, when operating in a manager form, the city manager runs the city. The city council sets the policy. But if, in fact, the city council is running the city, maybe that explains the headlines, "Council says city hall is lacking in direction." Thank you Mr. Mayor. Williams: Thank you. Further comment? I would make a comment myself in defense of the city council's five -member position regarding the termination of the city manager. It was the city council's intention to handle this thing in a gentlemanly manner, in a manner befitting the integrity of the removal of the city council, city manager. it was the city council's intention to go into an executive session to offer the city manager a severance, his severance pay and ask for his resignation during the last city council meeting. However, it was the city manager who himself circumvented that plan by requesting this public hearing. By requesting that this material be made public. . Now this council has been taken to task time and time again over the last three or four months for not coming forward and not. telling what we felt was wrong with the way this city was being managed unc:er the present city manager. Now, we're coming forward and we're saying these are things that we find wrong and not only this council, but the press has seen fit, as it has the right to do, to examine public documents to determine what is wrong here, and now we're being taken to task for being truthful. I don't mind being taken to task, but I'm not going to -be taken - to task for being secretive on one hand and truthful on another. Now, this council is going to proceed as the Charter recommends, as the Charter demands and we are going to continue with this public hearing on August the seventh. Now, I'm going to ask of the general public that any of you who have testimony, that you prepare written testimony to be handed in or read into the record as a permanent part of the record. I will not disallow verbal testimony if you so feel to give that verbal testimony. But the Chair would appreciate written testimony to be placed in the record as an official part of that public hearing. We are going to proceed because five members of this council feel that this city has not been run properly and the activities and actions of the city manger are indicative of a need for change. That's where we are at today. So with that, there being no further discussion before the council, we will vote on the draft letter, the written notice and KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 20 reasons for proposed termination of the city manager to be handed officially to him. And with that, I will ask the Clerk to call the roll. VOTE: Moore: Yes Measles: No Bannock: No Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED. Williams: All right, four members of the council prevail. It is official that this particular document contains, and I will say this for the record, many of the reasons why we feel the city manager should be replaced, but not necessarily all. Bannock: I. I'm sorry.... Williams: Not necessarily all. Those other things may be . revealed during public testimony at the August seventh meeting. Bannock: Then Mr. Mayor, then that's not providing him with written reason why he's being terminated. Williams: I have no idea what the general public is going to say to the city manager or about the city manager. Bannock: Can I refer that to the attorney? Graves: The reasons for removal should be consistent with the reasons in the letter. I think what the mayor is saying that there might be other testimony. I don't know... Bannock: Well then, if I may... Williams: Um hmm. Bannock: ...as I understand the Code, the thirty -day period is to respond to the written reasons. So if there's other reasons that come up thirty-three days from today, wouldn't in all reason, with all reason shouldn't there be another thirty days? We cannot continue...I, that's the way I understand this whole document to be. This is what Mr. Manninen has thirty days to prepare for. Williams. That'sr correct. That's absolutely correct. KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 21 Graves: That's correct, Mr. Bannock. My understanding is the mayor was saying there might be other testimony, but, but the reasons for removal should be consistent with the letter given... Bannock: And that's completely contrary to what Mr. Mayor just said. Williams: I don't think it was. At any rate, this council has voted to go ahead and produce this document and hand it officially to the city manager, ah, to Mr. Manninen and that has been accomplished by this council. So, with that, we'll move along. Once again, the public hearing will be on August the seventh. Las of verbatim. • 8-i. Sills to be Paid, Mile to be Ratified MOTIONS Councilman Bookey MOVED for approval of the bills to be paid and Councilwoman Swarner BLCONDED the motion. There were no objections. 80 ORDERED, 8-2. Purchase orders Zzoesding-$2,300 MOTIONS Councilwoman Swarner MOVED to pay the bills over $2,500 and Councilman Bookey BNCONDED the motion. MOTION TO AMENDS Councilman Moore MOVED to amend the purchase orders exceeding $2,500 and add the purchase order to Pacific Telecom, Inc. in the amount of $5,556.00 and Councilwoman Swarner BSCONDED the motion. There were no objections. 80 ORDERM, VOTE ON MAIN AMENDED NOTIONS • There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 22 8-3. Ordinance No. 1705-96 Increasing Estimated Revenues and Appropriations by $5,987 in the General Fund as a Result of the Rural Community Fire Department Grant Awarded to the Kenai Fire Department. Introduced by consent agenda. 8-6. Ordinance No. 1706-96 - Increasing Estimated Revenues and Appropriations by $10,000 in the New Capital Project Fund for a Phase I Environmental Assessment of the Airport Jet Fuel Facility. Introduced by consent agenda. 9-5. Ordinance No. 1707-96 - Increasing Estimated Revenues and Appropriations by $10,000 in an Existing Capital Project Fund or Additional Drilling and Environmental Testing at the City Maintenance Shop. Introduced by consent agenda. 8-6. Approval - Assignment of Lease/Lot 9, Block 1, Cook Inlet Industrial Air Park from Harry 0. Johnson, III and Diane H. Johnson to Harry 0. Johnson, III, Diane H. Johnson, Ronald G. Bridge and Marilyn J. Bridge. Attorney Graves stated Administration had no objections to the assignment. MOTIONS Councilman Bannock MOVED for approval of the assignment of lease for Lot 9, Block 1, Cook Inlet Industrial Air Park as stated and Councilwoman Swarner SECONDED the motion. Councilwoman Swarner asked if the assignment would back to council again. Graves answered he did not added, Administrative Assistant Howard did not have information before the last meeting. The assignees recording fees. VOT21 There were no objections. 80 ORDERED. 0 JCtiT'1'IVE 8E88ION - None scheduled. be brought think so. He this pay the • KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 23 i A=1=BZ=j-0N R1R0- I-10 Mayor No report. I-2. City Manager No report. I-39 Attorney No report. I-4. City Clerk No report. I-$* Finance Director No report. I-6. Public Works Director a. FAA Air Conditioner - Kornelis reported the FAA had purchased two air conditioners to be installed in the Flight service station. It would cost $15,000 for the installation. b. Weilhouse Bid -,Kornelis reported the wellhouse preconstruction hearing was scheduled for Friday, July 5. c. Cberrier Letter - Kornelis referred to Information item No. 9 as the city0s response to Cherrier*s letter. Administration was now waiting for a response from Cherrier and the appraisal. d. Kenai Avenue Gate - Councilman Moore asked if the gate had been placed and locked. Kornelis reported it had and added, the signs were up as well. e. Abandoned Vehicle - Moore referred to the abandoned vehicle he reported on at the last meeting. Kornelis stated he asked City Engineer -La Shot about it and he told him when the city crew went to remove it, the vehicle was gone. Moore reported it had been taken about 100 yards south of that spot KENAI CITY COUNCIL MEETING MINUTES JULY 31 1996 PAGE 24 because it was on a set net site and the fisherman needed it to be out of the way. Moore added, there were also old batteries thrown on the bluff in that area. I-7. Airport Manager a. ARFF Business Plan - Airport Manager Ernst reported the business plan had been submitted to the FAA and put on the 1997 funding list and forwarded to Washington, DC. He added, they were working with Senator Stevens' office to get it name -placed and the amount of $8.1 million for that project. They are moving forward. They would return to council with RFP's for interest and qualifications for engineering the project and for doing the environmental. Once an amount was decided, he would bring an ordinance to council to appropriate funds. Both the engineering and environmental costs would be reimbursable through the grant. b. Automated Fuel System - Ernst reported the Automated Fuel System at the airport was in operation. Banners and flags would be placed, as well as advertisements on the radio. • C. Float Plane Basin - Ernst reported there had been 305 operations on the Float Plane Basin from the middle of May to the end of June. There were eight private slips filled and one commercial. citizens Tim Navarre - a. Transfer of Property - Navarre reported the transfer of property was on the Assembly's agenda for introduction on July 9 and the Planning Commission would be reviewing the request for approval at their July 8 meeting. He didn't foresee a problem with it and had requested input from other members. So far, he had not received any response. The Assembly would not be having the item to them for public hearing or adoption until their second meeting in August. Navarre suggested someone from the city be present at the Planning Commission meeting during their discussions. 0 KENAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 25 Navarre added there were some "patent pending' concerns which were at the bottom of the map. The Borough had some codes in regard to selling -or transferring without the "patent pending.. It could be a stumbling block. b. Animal Control Shelter - Kornelis asked what progress had been made in regard to the Animal Control Shelter discussion. Navarre reported the Assembly felt that before they act, their jurisdiction under animal powers needed to have an ordinance for guidelines, etc. An ordinance will be introduced during the first meeting in August. There was a possibility the item could be placed on a shortened hearing in order to move it along faster. If so, the public hearing would be held during the second meeting in August. If not, it would the first meeting in September. Also funding issues and a companion resolution could be reviewed at the same time. He hoped to proceed in that manner. c. City !tanager/Reasons for Suspension Letter - verbatim: Navarre: Not to go back over bad things, and I'm not going to get into this city manager thing, but I an, I do, on a point of order, and I didn't bring it up, at least from a public's point of order because it can work from both sides, the fact that when you're doing a letter of any kind and you have it maybe a public hearing set for a different time, it is still an action that a member of the public could bring items up that they would want added to the letter, or in some cases, I suppose, they could argue why they shouldn't have something in -the letter and that - should have been allowed so long as they only spoke specifically_ to the letter or the content of the letter and not to the issue at hand, in a sense. But, I just felt strong about that, but I didn't jump up and go haywire. I held my seat. But, I did feel bad. But I'm not holding any blame. I'm just saying, that's how I would have tried to attempt. Thank you. Williams: I might also comment that you need to review the Charter and make yourself aware of the contents of the foundation of the city before you try to rework things, Mr. Navarre. so, thank you for your comment. End Verbatim. d. DEC Subdivision Regulations - Councilwoman Swarner asked Navarre what the Borough was doing in response to the State's announcement it was repealing its regulations for subdivision plan reviews. Navarre stated he had discussed the matter with Lisa Parker (Borough Planning) -in regard to the announcement. He would like the Assembly and Peninsula KENAI CITY COUNCIL MEETING MINUTES 1W JULY 31 1996 PAGE 26 municipality mayors/administration to meet and discuss the matter, after which a joint response to the state could be formulated. Swarner stated she thought Kornelis and city administration needed to send a letter to DEC in regard to the subdivision ordinance announcement as the city did not have its own ordinances to follow. Navarre stated he believed the state would be giving some time for local governments to develop their own regulations, however he did not know what that amount of time would be. He added, the Borough would be doing something and wouldn't leave it unchecked. J-2. council Bookey - No comment. swarner - a. Tent camping - Reported she had a constituent comment to her that a friend wanted to use the tent camping area but couldn't find it. She suggested a bigger sign be placed. Williams suggested administration could look into it, but he thought when the highway work was completed, it would be more visible. Swarner stated it was an old problem and council cannot assume people will know where the campground is. Williams suggested the camping information could be included on the City's home page. b. AM Legislative committee Meeting - Swarner reported the committee would be -meeting An Anchorage on August 8 and 9 at which they would be.discu®sing the policies and procedures. Swarner requested comments from council. Also, she was the chair of the Economic Development committee and if council had comments for changes, please let her know. c. Acting city Manager - Swarner asked what the action should be as at the last meeting, the motion was to have Police Chief Morris be designated as the Acting City Manager for three weeks. Those three weeks would end prior to the next council meeting. Williams suggested a motion to continue Morris in that capacity or discuss an interim city manager for the next four and one-half weeks. Williams asked Morris how he felt about the issue. Morris stated, without complaining how busy it was, he would be willing to continue, unless council felt it wanted to hire an interim city manager until the August 7 meeting. Councilman RENAI CITY COUNCIL MEETTING MINUTES JULY 31 1996 PAGE 2t7 Bookey suggested that, without knowing what the outcome would be of the public hearing on August 7, he would prefer Morris to continue as -acting city manager. Councilman Bookey MOVED to have Dan Morris continue as acting city manager through August 7. Councilwoman Swarner BECONDED the motion. There were no objections. 80 ORDERED. Moore - Thanked Police Chief Morris for his additional service. Also, Moore stated he may not be in attendance at the July 17 meeting and asked to be excused if required. Measles - No report. Bannock - Bannock referred to the response letter from DOT which was included in the packet. He questioned the response to the concern for sufficient turning space at the Airport Way intersection. Bannock asked if it was legal to make a left-hand, turn by using the outside lane? Morris answered, the driver should keep the vehicle in the closest lane to the left, unless a signal was given to change to another lane. Bannock read from the letter, "...we have checked the vehicle tracking for a WB-50 and found that the design vehicle can make the turn by making use of the outside lane on the Spur." Bannock stated he was wondering, since it was the State of Alaska who wrote the traffic -regulations -and the City of Kenai enforces - the traffic regulations, who was right. Morris answered, to compare this with truck traffic, normally the truck traffic will go into the further lane when making a turn like that. KPD did not stop drivers and cite them for it. Bannock stated he thought it weak for the State to come up with an excuse that violates the law for their logic. He added, he still believed it was an unacceptable median and would like it pointed out to them. Bannock added, in regard to the campground sign, there is no site limit on city -owned informational signs. Williams - Williams reported the cityls home page was near completion. Within a week the City should be on the Internet with its own domain and address. There were several pages included at this time in regard to city facilities, departments, etc. Williams suggested publishing the agenda on the Internet. • RBNAI CITY COUNCIL MEETING MINUTES JULY 3, 1996 PAGE 28 Clerk Freas reported she had discussed this with Sheryl Paulsen and believe it is something that can be done. The agenda would be faxed to the gentleman doing the work, who would then scan it into the home page. ITEM I I AR999M The meeting adjourned at approximately 8:45 p.m. Minutes transcribed • �Jl submitted by: ;Zovr: E3Y CpUNCIL VJ1/& - 6 D���e C C,;.G.it