Loading...
HomeMy WebLinkAbout1994-02-16 Council Minutes• A. B. C. • AGENDA RENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 161 1994 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CALL TO ORD19 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*j are considered to be routine and non -controversial by the Council and'. will be approved by one notion. 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. maRnEnwBLIc COMMaNT (10 minutes) 1. Resolution No. 94-6 - Transferring $10,000 in the General Fund for Shop Repair, and Maintenance. 2. Resolution No. 94-7 - Transferring $3,130 in the Water and Sewer Fund for Modifications to the Heating System at the Sewer Treatment Plant. 3. *1994-95 Liquor License Renewal:- Upper Deck Lounge/Beverage Dispensary - Two Year.. 4. *2994-95 Liquor License Renewal - one -Stop Liquor/ - Package Store - Two Year. 5. *1994 Liquor License Renewal - Eadies Frontier Liquor/ Package Store. 6. *1994 dames of Chance and Contests of skill Motel Carlo Permit Application - American Legion/George H. Plumley Memorial Kenai Post 20. 7. *1994 Dames of Chance and Contests of skill. Motel .Carle Permit Application - American Legion AuRiliary..Kenai Unit 20. -1- 8. *1994 dames of chance and Contests of 8ki11 Motel Carlo 8 Voiture Locale 1539. - 40 Pera►it application/ 9. *1994 aaU68 Of ,Chan* dad Contests of OR"' Permit Application Alaska Public Radio Network. D. g=esto 1. Council on Agin 2. Airport Comm 887an 3. Harbor coymission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commissicu 7. Miscellaneous commissions and Committees 1. *Regular Meeting of February 20, 1994. P. gOR1388BO�iD 4. QLD BQBII�YSAB i. Deoirion to.ering from Tahie - Resolution No. 94-5 - Transferring $IASI in the. General4und for compensation to the Acting City Manager► 8.OA1e 1. Bills to.be Paid, Bills to be Ratified 2. Purchase Orders 8rceeding $10000 3. 1►pproval Confession ,of Judgment - Kenai Merit Inn. 4. Dinciussion - Lands That May Be Designated or Conveyed to the Mental Health Trust. 5. DisoUesion -. sale of Lots in Evergreen subdivision, Kim Addition. 6. Discussion - Kenai Spur Highway Project - Additional, street. Lights. 7. Approval - Change'Order,No. 1./Thompson Part sewer Interceptor w $6,400.00 —2a • to 0 RBNAr CITY COUNCIL REGULAR XZATINO FEBRUARY 10v 1995 7$00 P.N. KENAI CITY COUNCIL . CNMMINRB MAYOR PRO TOM CHRI8TIN8 KONFORv PUSIDING Councilwoman Monfor called the meeting to order at approximately 7:06 p.m. in the Council Chambers in the Kenai City Hall Building. Councilman Smalley MOVED to appoint Councilwoman Monfor to be Mayor Pro Tem for the duration of the council meeting of February 16, 1994 and requested ONAN=MOUB CONAM9 Councilwoman Swarner SECONDED the motion. There were no objections►. 80 ORDERZD. A-2. PLEDQE OF ALLEaIANCM Mayor Pro Ten Monfor led those assembled in the Pledge of Allegiance. A-3 . Roll was taken by the City Clerk. Present were: Swarner, Monfor, Bannock and Smalley. Absent were Williams and Measles. A-4 . Bookey, Mayor Pro Ten Monfor requested the following changes to the agenda: ADDs I-1, Nietoria Distriot Board ApplioatieBe - Marion Nelson and Dorothy G. MaCard There were no additional amendments to the agenda. MOTION$ Councilwoman Swarner MOVED to approve the amended agenda and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. 0 0 C� J KENAI CITY COUNCIL NEETINGi MINUTES FEBRUARY 26, 2994 PAGE 2 ADDI C-10, dams of Chaaae and C034008 .of Skill P6=1t . Application -Kenai Peninsu.1a.Builders.Association. There were no additional changes to then .consent agenda. NOT10*8 Councilman Smalley XQVND.,to approve the consent agenda as amended. There were no objections. BO ORD21=. None. x= Ct P-MU. NAMINO C-l. Rfrsolutiou ' Xo. 94-6 . - Transferring $10, 04a in the General Fund, for Shop, -Repair and Maintenance. Councilman BOOkey KOVNO for ap proval of Resolution Na. 94-6 and Councilwoman Swarner - 8ECONOND the . motion. There were no.public.or council.comments. VOTE Councilman Bookey requested M MINOVS CONOM. There were no objections. so ORDBRSn. Ro8rolution po. 94-7 . - Transferring $3,130 in the stater and. Sewer Fund for Modifications to the Heating' system at the Sewer Treatment Plant. NOTIONS: Councilman Smalley XGVED for approval of Resolution' No. 94-7 and Councilman Hookey BRC09DRD the motion. There were no public or -council comments. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 16, 1994 PAGE 3 VOTES Councilwoman Swarner requested ONANIMOUS CONBZNT. There were no objections. 80 ORDERED. Cw3, 1994-95 Liquor License Renewal - Upper Deck Lounge/Beverage Dispensary - Two Year. Approved by consent agenda. 0-4. 1994-95 Liquor License Renewal - One Stop Liquor/ Package Store - Two Year. Approved by consent agenda. C-5. 1994 Liquor License Renewal - Eadies Frontier Liquor/ Package Store. lbApproved by consent agenda. -A. 1994 Dames of Chance and Contests of skill Motel Carlo Permit Application - American Legion/George H. Plumley Memorial Kenai Post 20. .Approved by consent agenda. C-79 1994 Dames of Chance and Contests of skill Motel Carlo Permit Application - American Legion Auxiliary Kenai Unit 20. Approved by consent agenda. 1994 Games of Chance and Contests of Skill Motel Carlo Permit Application - 40/8 Voiture Locale 1539. Approved by consent agenda. C-9. 1994 Games of Chance and Contests of Skill Permit Application - Alaska Public Radio Network. Approved by consent agenda. 0-10. 1994 Ganes of Chance and Contests of Skill Permit Application - Kenai Peninsula Builders Association. 40 Approved by consent agenda. . ICENAI CITY COT)NCIL MEBTING MINUT88 FEBRUA1tY 16, 1990 PAGE 4 . D-10 Council on aging Councilwoman Swarner reported a meeting was held on February S, 1994 and the minutes of'that meeting were included,in the packet. A quorum was present. At this time there are no vacancies on the Council. Swarner added an .election of officers will be held at the next meeting. The Council is concerned about state funding. D-2. Airport Conmtission Airport Manager Ernst reported a meeting was. held on February 10, 1994. The Commission has tentatively set a work session for February 22, 1994. D-3e Harbor Commission Councilman Bookey reported a meeting was held on.Monday, February. 71, 1994. Minutes,' -of the.meeting.were included in the.packet. An election of officers was held.. Will Jahrig.-was elected Chair and Jeanne Munn was elected vice -Chair.. The Commission continued discussing their goals.and.objectives previously set and are ready to implement some of them. D-40 Library Commission Mayor Pro Tem Monfor reportedthe, library's January monthly. statement was included in the packet. Monfor reminded all to attend the library's birthday party celebration scheduled for March 6, 1994. D-50 Banks a Reoreatio» Commission. Councilman Bannock reported the Commission attempted to have their regular meeting on February 10, however there was no quorum. A good discussion was held in regard to tent camping. Bannzock stated he reviewed items discussed at the work session and those members of the Commission present stated they were not happy with some of those. plans. Thera was much discussion . regarding how to take care of tenters and cannery.workers. The Commission requested a, work session -be held with Council and the Parks & Recreation commission and "hammer. out" the city's tent camping deficiencies, Bannock added the Commission also. discussed funding and the .Fitness Trail. • KENAI CITY COUNCIL MEETING MINUTS3 FEBRIIARY 16, 1994 PAGE S Perks & Recreation Director McGillivray reported on the Commission's special meeting held on Monday, February 14. McGillivray stated a full commission was available for the special meeting. McGillivray asked City Manager Manninen if his memorandum was distributed to council at the beginning of the evening. Manninen answered he was not planning to. distribute his memorandum until the next council meeting. McGillivray reported actions taken during the Monday special meeting and recommendations made. 1. Replacement of playground equipment at Old Town Park. The costs will be included in the minutes and included in the March 2 packet. 2. Replacement of the remaining fitness stations in the fitness trail. The Commission reviewed prices on metal fitness stations. McGillivray stated the prices and,quality seem very good. The Commission recommended to purchase the stations for replacement of those remaining in the trail, 3. Erection of chain link fence between the Carr's property•and the fitness trail. The Commission hopes this will stop some of the trash blowing through and to stop the traffic going through there causing much of the vandalism in the fitness area. McGillivray stated he and the Commission believe the metal equipment will eliminate a lot of the vandalism. 4. The Commission also passed a motion pertaining to the park on the bluff. Monfor asked if Council had ary questions. There were none. Monfor asked if Carr's had been contacted about absorbing a portion or all of the cost for the fencing. McGillivray stated they were contacted and they were not interested. Monfor requested Administration to follow up on the request for their participation in placing the fence because part of the problem is due to the Carr's construction. Monfor suggested both Carr's and the developer be contacted. Monfor suggested both Carr's and the developer could be involved as a good -will gesture to clean up the area. Council concurred. Monfor reported City Manager Manninen has a memorandum coming.to council regarding the park by senior housing. Monfor stated she requested the memorandum not be brought before council during this meeting because it is not something needing action at this . KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 161 1994 PAGE 6 time and she believes the whole council needs to discuss the topic. Monfor added the Parks & Recreation Commission has made a recommendation in regard to the topic as well. D-4. Planning & Boning Commission Councilman Smalley reported the Commission met on February 9. The minutes of the meeting were included in the packet. A site plan was approved in order that the FAA may add an antenna next to their existing building. Also, a bed and breakfast was approved in VIP Estates. In the future, the Commission will be reviewing the Comprehensive Plan and the Kenai Highway corridor and commercial zone. Smalley reported he would not be attending the next P&Z meeting. However, Councilman Bannock has agreed to attend in Smalley's place. ! D-7. Miscellaneous Commissions and Committees Councilwoman Swarner reported the Beautification Committee met and the minutes were included in the packet. Swarner stated she was able to stay for part of the meeting and Mayor Williams was present for part of the meeting. McGillivray referred to a. letter included with the minutes received from Trinity Greenhouse. McGillivray added most of the flowers the City places throughout the City are purchased from Trinity. Trinity has stated in their letter they will not supply the flowers as they have done in the past. Monfor stated there are other nurseries from where flowers may be purchased. E-1. Regular Meeting of February 2, 1994. Approved by consent agenda. None. • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 16, 1994 PAGE 7 d O INS 0-3.. DeciAion to Bring from Table - Resolution General Fund for 94-5 Transferring $1,581 in the Gee Compensation to the Acting City Manager. MOTIONa Councilman Smalley MOV$D to remove Resolution action. No94-5 from the table and Councilman Bannock SECONDED the Councilwoman Swarner asked if any further info matAdmion had come about other than that included in the packet. ive Assistant Howard stated no. Swarner asked City Manager Manninen if he would be gone for more than three lays before the next� to be gone for meeting. Manninen answered he was not planning any days before the next meeting. VOTE TO REMOVE REBOLUTION N0. 94-5 B'ROM THE TABLE= Bookey: Yes Swarner: No Monfor: Yes Measles: Absent Bannock: Yes Smalley: Yes Williams: Absent MOTION PABOSD. Mayor Pro TOM Monfor announced Resolution No. 94-5 was on the table for discussion. Swarner asked how long was City Manager Brighton absent as fromting City office before Finance Director Brown was appointed Manager? Howard stated Brown took care ofanything that came up when Brighton was absent, even for one day* Swarner stated her reason for voting B safest bringing the the full council resolution to the table was because need should address the matter. Also, she did notManager there egis for to have an acting city manager when the City a one or two day period. Smalls stated he did not necessarily disagree with swarner in regard to the full council addressinghe issue. notoaddressed.by the - information included indicates thisposition the Code (in regard to the length of absence or extra pay for the acting city manager). Smalley stated Howard has allreadyhbeen. - appointed as acting city manager and should be paid 4 KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 16, 1994 PAGE 8 Also, if council desires tatoedothe soCods�alley may aanintthis consider drafting an ordinance case the person has served and deserves the compensation. Swarner stated the memorandum states the city manager will be gone and so there should be more funds. Swarner explained she did not think a person needs to be paid extra for being the Acting City Manager for one or two days. Swarner added she understood this has been done in the past, but it does not need to be continued. Smalley stated he was not saying it should continue, however the action is to make payment for services that have been provided. Swarner stated no, Howard has already been compensated for those times. Howard confirmed she has been compensa�hereed for wastime monelrbudge spent. dnin as acting city manager. Howard added Y the account for extra costs for payment to an acting city manager. However, there is no more money left in the account.to complete the year. Monfor asked Swarner if she meant she would rather the acting city manager be compensated before the fact instead of afterward. Swarner stated no, she believed the full council should address the issue if Manninen does not expect to be out of the office before the next meeting. Bannock stated he did not see the problem with the extra pay. The person is taking on extra work and should be provided additional compensation. Bannock added this is literally "tripping over nickels." Bannock added he supports the resolution. Monfor and Smalley agreed. VOTE ON RESOLUTION $ Bookey: Yes Swarner: No Monfor: Yes Measles: Absent Bannock: Yes Smalley: Yea Williams: Absent MOTION PABBED. • • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 16, 1994 PAGE 9 R-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bannock SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. e0 ORDERED. R-Z. Purchase orders Euaeeding $1#000 MOTION: Councilman Smalley MOVED to pay the purchase orders over $1,000. Councilman Bookey SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. R-3. Approval - Confession of Judgment - Kenai Merit Inn. Mayor Pro Tem Monfor deferred to City Attorney Graves. Graves stated the Kenai Merit Inn fell behind in bed tax payments last summer. Since then the City filed suit in court received a default judgment for approximately $10,000. Last week Joe Arness came to City Hall and spoke with Finance Director Brown. Arness proposed the terms of the Confession of Judgment and he (Graves) and Brown drafted the document. Brown told Arness the document would be presented to Council with the terms they had discussed. Graves added he understands Arness has paid for the last quarter of 1993 and is currently paid up for all of 1994 taxes. Acting Finance Director Feltman concurred. The amount represented in the Confession is for taxes owed for last summer. Councilman Bookey stated he does not have a problem with the payment schedule, provided the City gets the principal of the corporation to sign individually. The City has tried to collect on this account since the judgments were entered and have not been able to obtain payment. Bookey added he was not comfortable to agree to the Confession without the principal signing individually. Bannock asked if there is a separate contract drawn up to include Councilman Bookey's request. Graves stated he agreed there would be more security if there is an individual surety signing on the Confession. if Council desires, he or someone else will contact KENAI CITY COt7NCIL MEETING MINUTES g$BRUARY 16, 1994 PAGE 10 I. Arness and inform him the council will approve the Confession with the individual surety. If Arness receives approval, the document can be brought back for Council's review and approval at the next'meeting. • Smalley asked if a motion could be made for approval contingent upon the principal of the corporation signing individually. Graves stated that may be a better way to proceed. Bannock asked if there is another document that would say, "this is my contract, I promise to pay $2,000 anetal.lment contract? the Confession of judgment. Is there an i Graves stated no. The Confession ofJgmwc ld bwould abe the document, except the individual signature Bannock stated he believed there would a prds to be oblembecause ifathere is a payment schedule, thneGraves stated the document defines nd the date of the last payment* the payment schedule to be $2,000 per month tbeginning March s pa111in 1994 and to continue for five months until full. Bannock stated he believed there needs to be a scheduled end date in regards to contracts (which would be August a, 1994). Bannock anamoo k eadded the defendant would have the ability t pay off nt anytime prior to that and any interest therConfession did not ed would need to be prorated and returned. Banock tions forareal contract. Graves, stated meet the minimum qualifications stated that it did. Graves added Kenai Merit Inn is agreeing to pay and the City is agreeing to give up execution on a judgment. So there is consideration on booth sides. MOTXON s Councilman Smalley MOVED to approve this draft document with the stipulation that prime owner, or whatever it is t e individual tolsign or the individual from the corporation, document... Swarner suggested it be stated "officers of the corporation, individually." Graves stated there is one primary officer/owner in Oregon and he believed that is the person the City would want to sign. • KENAI CITY COUNCIL MEETING MINUT83 FEBRUARY 16, 1994 PAGE 11 MOTION CONTINUED$ Councilman Smalley continued by referring to Page 3, "payments are to begin March 1, 1994 and continue for five (5) months (adding ", August 1, 1994), or until the entire payment for judgment is paid in full." Councilwoman Swarner SECONDED the motion. Councilman Smalley requested UN&NIMOUS CONSENT. There were no objections. SO ORDERED. N-4. Discussion - Lands That May Be Designated or Conveyed to the Mental Health Trust. Administrative Assistant Howard informed Council of two maps on the wail delineating those State lands that the State would like to dedicate to Mental Health Lands. Howard added there is one small piece of property off Beaver Loop which is inside the City of Kenai. Howard stated the State would like to have the City of Kenai review the map to determine if the nominations will cause any problems. Howard referred to page 2 of the letter included in the packet where the State -requests to be notified at least five working days prior to any hearing held on the topic and the hearing must be held within 30 days of receipt of the letter. SRM TO REVIEW MAPS$ 8s32 p.0 BACK TO ORDER$ 8:35 p.m. Monfor asked Howard if the State would like a letter. Howard stated the letter included in the packet requests brief written comments. Kornelis further explained about lands conveyed to... municipalities and added the State wants to know if the city has any plans for the land on Beaver Loop which they plan to convey to Mental Health Lands. Kornelis stated he believed the city does not have plans for that property. Kornelis added the Heaver Loop property is close to the city's well. Monfor asked Council if they felt comfortable in recommending Administration write a letter. Consensus of Council was yes. Z-S. Discussion - Sale of Lots in Evergreen Subdivision, Kim Addition, Administrative Assistant Howard requested Council review the proposed sale of lots in Evergreen Subdivision, Kim Addition and state any problems, suggestions or changes they might wish to make. Howard added the process was begun last August. Swarner asked if there has been any interest in the properties. Howard KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 161 1994 PAGE 12 stated she has heard rumors there are builders looking weref r late to develop, but was not aware of how many builders of the proposed sale. MOTIONS Councilwoman Swarner KOVED for Administration Subproceed onasKim outlined on the sale of the lots in Evergreen Addition. Councilman Smalley sECONDED the motion. Councilwoman Swarner requested ONAVINOUPO CONBWT• Bannock stated his approval of the statement in the last "The City of Kenai paragraph of General Information which will not disclose bidding information, otgch as what bids were receivede�if been received from whom or for which 1 Bannock this information is known) until after the bald Howard stated this asked if that is what is supposed to h has been done on prior sales. She has had, on occasion, people will ask her who submitted bids on what lots. Howard stated a they • do not render that information. Bannock added if is not rule, it should be made a rule. VOTE: There were no objections. SO ORDERED* R-G., Dieaueeion - Kenai Spur Highway Project - Additional Street Lights. City Manager Manninen stated he met with Ste lastweek n d. they have agreed to put in the 24 lights along theHighway from Swires to Tinker and maintain them as well. Manninen added, if Council wants to add, they can be added, however, the City would would have to maintain them. It was suggested a light couldep at the curve between Davidson and Candlelight. Monfor askedrit the Fire or Police Departments had any recomm endations.stated he would review the drawings and make any necessary recommendations. Monfor requested they review thedrawingson and come back to the next council meeting With y o Smalley suggested the curve along Candlelight, with the fuel service there and the number of accidents which have occlace. Smalley urred d an that corner, isa epotentially to reconsiderrdoSHalley suggested he encouraged the st • • RBNAI CITY COUNCIL MEETING MINUTES FBSRUARY 161 1994 PAGE 13 information from the police department intregard to nu hero f accidents and tateladditionies alelightingon tis needed there. convince the State Monfor asked if council agreed to have Administraendati olicnsandad Fire Departments rev�hwe next meeting. make Theree orawere no objections. bring them back for B-79 Approval - Change Order No. 1/Thompson Park Sewer Interceptor - $6,400.00 MOTIONS Councilman Bannock MOVED for approval'of Change Order No. It Thompson Park Sewer Interceptor and Councilman Smalley BBCONDED the motion. Monfor referred to a memorandum included or the packet whichds�er stated the design engineer (Tauniaionfethefmanhole into which all lines, is requesting the lowering the water and sewer lines tie. The manhole is the last one to be installed by Zubeck, Inc. which is part of the Thompson Park Interceptor project. Bookey questioned why the design is out Oft Plumb -water andelis explained the design was not complete for sewer line. The interceptor design was done about two years ago (by Wince-Corthell-Bryson). The interceptor is being installed at this time. Tauriainen feels.the manhole shouldble be deciding how a little lower. Kornelis stated it is a quet deep they want the sewer, the slopes of the lines, etc. . Tauriainen recommends the manhole be lowered two fet. Kornelis he believed recommended the manhole be lowered. Kornelisstated there will be less problems with freezing it the manhole shovis . lowered (six feet with the change order)* council a drawing where the lines and manholes are to be placed. Swarner asked why this problem was not caught before and why the project was not better coordinated. Korneelhewater the sewer interceptor was designed two years ago design is not yet completed. Swarner asked if the change order. work had been done yet. Kornelis stated no. Bookey.stated because the existing interceptor line has not yet been installed, etc., now is the time to make the change. • KBNAI CITY COUNCIL MTBTINl3 MINUTES FEBRUARY 16, 1994 PAGE 14 Swarner asked from where will thecost of the change order be paid. Kornelis stated from the, interceptor fund, the State grant portion.. VOTa: Bookey: Yes Swarner: No Monfor. Yes Measles: Absent Bannockv Yes Smalley: Yes Williams: Absent XOTION PABBSD. ,�,,'l�S�[ I s AD;%�RIBTRAT_IQ�„R�ORTB Mayor No report. City Maaagor No report. attorney No report. t-4• City Clerk No report. I-$* Finance Director No report. Bublic Works Director No report. Airport Manager No report.. • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 16, 1994 PAGE 15 J-1. citizens None. J-a . council Bookey - No report. BNarner - Stated she will be in attendance for most of the next meeting. Bannock - Reported Sterling has 141 lights. Smalley - Thanked City Clerk the as for detartmenttogether heads for goals and objectives packet and thankedP their information. Monfor - Directed Council's attention to the thank you letter from the Kenai Alternative High School for the city's donation to their graduation activities. The meeting adjourned at approximately 7:54 p.m. Minutes transcr Carol L. Preast 0 and submitted by: ARWYM W CO1W& DA"