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HomeMy WebLinkAbout1993-05-19 Council Minutes• AGENDA RENAI CITY COUNCIL - REOMM MEETING MAY 190 1993 7100 P.M. RUM CITY COUNCIL CR M8ERB 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. SCREDULED U L=C CONtgW (10 minutes) 1. Ed Dyford - Clearing of Right-Of-Ways/Dena'Ina Point Estates. 1. Ordinance No. 1539-93 - Increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. 2. Ordinance No. 1540-93 - Authorizing an Amendment of the Terms of the General Obligation Bonds, 1994 Series A, Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters, 3. Ordinance No. 1541-93 - increasing Estimated Revenues and Appropriations by $4000,000 in the Court Facility Capital Project to Continue Work on the Project. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption 4. Resolution No. 93-32 - Transferring $2,500 in the General Fund for Parks Department Salaries. -1- 4 • 7� D. 5. Resolution No. 93-33 - Transferring $2,000 in the General Fund for Speed Bumps at the Visitors and Cultural Center. 6. Resolution No. 93-34 - Transferring $4,000 in the Water and Sewer Fund for Conversion of a Dump Box for the Sewer Treatment Plant. 7. Resolution No. 93-35 - Setting the Percentage of Fair Market Value to be Used in Order to Derive a Fair Return on Lease of Airport Lands. S. Resolution No. 93-36 - Transferring $3,000 in the General Fund for Bond Counsel Fees Incurred in Refunding 1984/86 General Obligation Bonds, 9. Resolution No. 93-37 - Awarding a Contract for the Construction of 1993 Kenai Munic4pal Airport Crack Sealing and Painting to Diversified Asphalt for the Total Amount of $51,517, Which Includes the Basic Bid. 10. *1993 dames of Chance and Contests of Skill Monte Carlo Permit Application - American Legion Auxiliary Unit 20 - 6/19-20/93; 8/28-29/93; and 10/30-31/93. 11. *1993 Games of Chance and Contests of Skill Permit Application - Alaska Municipal League. COMMI88IONLCOIMMITTEE REPORTB 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 B. MINUTES Committees 1. *Regular Meeting of May 5, 1993. OLD BU8INE88 X=- BUSINESS 1. Bills to be Paid, Bills to be Ratified -2- fir • 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1542-93 - Increasing Estimated Revenues and Appropriations by $6,504 in the Council on Aging Title III Fund. 4. *Ordinance No. 1543-93 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1993 and Ending June 30, 1994. 5. *Ordinance No. 1544-93 - Increasing Estimated Revenues and Appropriations by $797,765 in the Evergreen/Haller Paving Capital Project Fund. 6. *Ordinance No. 1545-93 - Increasing Estimated Revenues and Appropriations by $11,433 in the Rehabilitation of Taxiway A-3 Project. 7. Approval - Assignment of Lease - Lot 9, Block 1, Cook Inlet Industrial Air Park Subdivision From Teamsters Local 959 to Rick Vann Profit Sharing and Trust. 8. Discussion - Nikiski Pool Renovation Project - Letter of Support. 9. Discussion - Agreement Between the City of Kenai and the State of Alaska for a Portion of the Financing of the New Court Facility. 10. Disoussion - City Attorney and City Clerk Salaries. 11. Discussion - Draft Agreement/New City Manager. I. ADMINIBTRATIQX R$PORTO 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council K. ADJOURNMENT • -3- KENAI CITY COUNCIL REGULAR MEETING MAY 19, 1993 700 P.M. KENAI CITY COUNCIL CX M88R8 MAYOR JOHN J. WILLIAMS# PRXSIDING Mayor Williams called the meeting to order at approximately 7:20 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-20 Roll was taken by the City Clerk. Present were: Bookey, Williams, Swarner, Monfor, Measles, McComsey, and Smalley. A-s. Mayor Williams requested the following changes to the agenda: ADDS 8-2, Larry Pedersen - Inlet Woods C-9, Resolution No. 93•-37 - Additional Information from Bob Barnett. 9-2, Purchase Order to Pro -Truck - Storage Van/$3,000 (Replaces voided Powers Purchase Order for van.) M-11, ADDITIONAL INFORMATION - Counter-proposal/New City Manager. NOTION: Councilman Smalley MOVED for approval of the regular agenda as amended and asked UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDBRBD. There were no changes to the consent agenda and no objections. Approved. 0 • r� KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 2 IT= Bt NCHEDULED P LZC COMMENT Ed Byford - Clearing of Right-Of-Ways/Dena'Ina Point Estates. Williams referred to a letter included in the packet which delineated Byford's request. Byford requested Council's permission to clear trees, brush, etc. from the right-of-ways in the Dena'Ina Pt. Subdivision. Byford pointed out the specific areas on a map for Council. Measles asked if the right-of-ways were surveyed. Kornelis stated he did not believe they have and if they have, it was done some years ago. Kornelis stated he did not believe they were still flagged. Kornelis stated the rights -of -way would need to be flagged so that Byford would not stray from the right-of-ways. Kornelis added some of the properties are privately owned. Measles asked if the plat indicates the rights -of -way. Byford stated he would make sure the rights -of -way are flagged and staked. Byford stated he owns a saw mill and he would be milling the trees, etc. Administrative Assistant Kim Howard stated about one-half of the properties in the subdivision are owned by the city. Williams explained the history of the properties. Williams suggested the city may want to rethink how to use the land and how to subdivide the land out. Williams stated he did not know if he was ready to make a decision regarding the removal of trees at this time. Williams stated he is personally reluctant to allow any cutting for establishing right-of-ways at this time. Measles stated he agreed with Williams. Measles stated he was especially concerned with the areas around the privately owned properties. Measles stated he did not think the Council should authorize the cutting of trees there. Swarner thanked Byford for bringing his idea to Council, however she is not ready for cutting trees either. Byford asked if he approached the land owner and he wants him to do the cutting if the Council would allow him to do the cutting. Williams asked how many private owners of the property still owe money to the city. Brown and Howard answered that some of them do. Williams stated he would have a problem with the private -2- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 3 owners allowing the cutting if the they still owed money to the city. Williams stated he would prefer the individual owners of the property to ranter into agreements to develop access to their properties. If they default on the contracts with the City, the City may end up with something other than what was planned. Measles asked if there was a particular piece of property Byford was referencing. Byford answered Dr. Hansen's. Measles stated (from looking at the map) the only property Byford would go through to get to Hansen's property is city property. The cutting would not affect any other properties. McComsey stated if the private owner has a plan to develop the property, then the city would have no other option than to allow the cutting. However, if the private owner is not planning to develop the property, then he does not think they should allow the cutting. Williams suggested Byford talk with Dr. Hansen, Council and the Planning & Zoning Commission. Williams suggested they take an updated look of the entire subdivision and of what is planned. Measles stated he did not think any changes could be made since some of the properties have been sold. The City has to honor the terms of the sales. Measles suggested Dr. Hansen present a development plan to the Planning & Zoning Commission. Measles added there is the potential that one road could be cleared. Swarner added she thought Administration needs to be contacted in regard to payments to see if they are current. B-a. Larry Pedersen - Inlet Woods Settlement. Pedersen referred to his May 7, 1993 letter to the City in which the McLane family offered to settle this matter for $1,762,500. He explained that the offer still stands and that it is in earnest; they want to end this matter. Pedersen described his professional background and assured the Council that he and the McLanes are working hard to procure funds through loans to finalize this settlement. He asked that the City look favorably on the offer. Mayor Williams asked Pedersen how comfortable he felt about the McLane's ability to borrow the amount of money necessary for -3- 0 • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 4 settlement. Pedersen stated he feels "reasonably comfortable that we can accomplish what we need to do.$$ Williams asked about the outstanding property taxes. Pedersen stated that issue would be addressed in the loan package. Monfor made the recommendation that the Administration proceed with discussions with Mr. Pedersen toward settlement of the McLane matter and bring it back to Council at the June 2, 1993 meeting. co PUBLIC HEARINGS C-1. Ordinance No. 1539-93 - Increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. MOTIONS Councilman Measles MOVED for adoption of Ordinance No. 1539-93 and Councilman McComsey SECOMM the motion. There were no public or Council comments. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. C-a. Ordinance No. 1540-93 - Authorizing an Amendment of the Terms of the General Obligation Bonds, 1984 Series A, Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters. -4- . • • KENAI CITY COUNCIL MEETING MINUTES MAY 191 1993 PAGE 5 MOTION$ Councilman McComsey MOVED for approval of Ordinance No. 1540-93 and Councilwoman Swarner SECONDED the motion. There were no public comments. Brown stated the ordinance has come at a strange time inasmuch as the settlement talks with MSM Partnership (McLane's). Brown added the bond was for Inlet Woods. Brown stated the settlement monies, if received, would go a long way to redeem the bonds in 1996. Brown stated if Council adopts the ordinance, the bonds would not be redeemable until maturity (2003). Brown stated he would go ahead with approving the ordinance due to the low interest rates, etc. McComsey asked if the ordinance could be held for two or three weeks until more is known in regard to the McLane's settlement. Brown stated that the bond bank is putting together the refinancing on this one now, and the City of Kenai is just one of several cities participating in it. He stated that the City either does it now, or not at all. Williams asked what the total outstanding amount on this bond issue is presently. Brown said it is $1,982,000. If we paid it off now, we would save seven years of interest -- a major savings. The problem is timing. Do we gamble with time and miss this opportunity to refinance, or do we refinance and carry the bond issue to the year 2003? Williams asked Administration what the possibilities are of another bond refinance package in the near future. Brown stated they are not very good. Measles asked what the risks are in doing this. Brown stated that if interest rates go up to 5% or 6% over the next few years, the City would be saving money now and still be ahead. if we can get the interest on the bonds below Or there isn't such risk. VOTES Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. -5- • e KENAI CITY COUNCIL MEETING MINUTES MAY 191 1993 PAGE 6 8-3 Ordinance No. 1541-93 - Increasing Estimated Revenues and Appropriations by $400,000 in the Court Facility Capital Project to Continue Work on the Project. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption MOTION a. Councilman Measles MOVED for introduction of Ordinance 1541- 93. Councilwoman Monfor SECONDED the motion. There were no comments from the public. Councilman McComsey asked for unanimous consent. No objection. 80 ORDERED. MOTION b. Mayor Williams asked for a motion for a second reading of Ordinance No. 1541-93. He explained that this ordinance,is being presented as an emergency ordinance which will be introduced, read, and voted on this evening. Councilman Measles MOVED for a second reading of Ordinance No. 1541-93 and asked for unanimous consent. Councilman Smalley SECONDED the motion. No objection to motion for second reading. 80 ORDERED. MOTION c. Councilman McComsey MOVED for approval of Ordinance No. 1541-93. Councilwoman Monfor SECONDED the motion. There were no public comments. No further discussion by Council. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUBLY. -6- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 7 C-4. Resolution No. 93-32 - Transferring $2,500 in the General Fund for Parks Department Salaries. MOTION Councilman MCComsey MOVED for approval of Resolution No. 93-32 and asked for unanimous consent. Councilwoman Swarner SECONDED the motion. There were no comments from the public. No objection to unanimous consent. MOTION PASSED 0MIMOUSLY. C-5, Resolution No. 93-33 - Transferring $2,000 in the General Fund for Speed Bumps at the Visitors and Cultural Center, MOTION Councilman Smalley MOVED for approval of Resolution No. 93-33. «n' Councilwoman Swarner 58CONDED the motion. Public comment from Eric Leed(?). Mr. Leed introduced himself and stated that he owns land near this area. He asked why the Council wants the speed bumps. Councilwoman Monfor stated that people who do not want to go around the corner will speed through the parking lot instead. She stated that it is "an accident waiting to happen." Mr. Leed stated that people drive through the parking lot because Main Street is collapsing and drivers must slow down so such to drive on it. He stated if Main Street were fixed, maybe drivers wouldn't be tempted to use the parking lot. Mayor Williams stated that the City is also addressing the problem with Main Street, Councilman McComsey asked if there were to be two or three bumps. Clerk Freas stated that the motion had been for two bumps. Kornelis asked if everyone understood where the speed bumps would be located. He handed out maps of the parking lot with the location of the bumps marked. Councilman Bookey asked how high the bumps would be. He stated that they need to be substantial in order to slow people down. -7- O iKENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 8 0 Kornelis answered that there would be a 1210 wide ditch dug and. the bumps would be 3" high and 6" wide at the top. No further discussion. No objection to unanimous consent. MOTION PASSED UNANIMOUSLY. C-6. Resolution No. 93-34 - Transferring $4,000 in the Water and Sewer Fund for Conversion of a Dump Box for the Sewer Treatment Plant. MOTION Councilman McComsey MOVED for approval of Resolution No. 93-34. Councilman Bookey SECONDED the motion. No public comments. Councilman McComsey asked for unanimous consent. Councilman Bookey asked what was going to be done for $4,000. Kornelis stated that the whole thing would be reconstructed; the aluminum frame would be doubled. No further discussion. No objection to unanimous consent. MOTION PASSED UNANIMOUSLY. C-7, Resolution No. 93-35 - Setting the Percentage of Fair Market Value to be Used in Order to Derive a Fair Return on Lease of Airport Lands. MOTION Councilman Smalley MOVED for approval of Resolution No. 93-35. Councilman McComsey SECONDED the motion. No public comments. No objections to unanimous consent. MOTION PASSED UNANIMOUSLY. C-8. Resolution No. 93-36 - Transferring $3,000 in the General Fund for Bond Counsel Fees Incurred in Refunding 1984/86 General Obligation Bonds. -8- i • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 9 MOTION Councilwoman and asked for the motion. consent. Monfor MOVED for approval of Resolution No. 93-36 unanimous consent. Councilwoman Swarner SECONDED No public comments and no objection to unanimous MOTION PASSED UNANIMOUSLY. C-9. Resolution No. 93-37 - Awarding a Contract for the Construction of 1993 Kenai Municipal Airport Crack Sealing and Painting to Diversified Asphalt for the Total Amount of $51,517, Which Includes the Basic Bid. Mayor Williams reminded Council resolution and stated that there address this issue. MOTION of the addendum regarding this was a gentleman who want to Councilman Measles MOVED for adoption of Resolution No. 93-37. Councilman Bookey SECONDED the motion. Robert Barnett introduced himself and stated his address as P. O. Box 22625, Anchorage, Alaska. He stated that he opposed the adoption of this resolution. He stated that when the bids were opened on May 13, 1993 at 2:00 p.m. Diversified Asphalt was the apparent low bidder and that bid was based on a product called CRS2 or AC5. Wilderness Paving was the second lowest bidder, using a product called FLEX-270. Barnett stated that CRS2 and AC5 are inferior products when compared to FLEX-270. He said that CRS2 and AC5 are standard grade asphalt materials, and when applied to cracks will fail 90$ of the time after one winter. This would mean that the sealing procedure would have to be repeated every year. He stated that he had talked with the Airport Manager in Homer about the AC5 that is used there• he was t id • o they use it every year. Barnett stated that FLEX-270 is a rubber product that survives cold weather. He passed around a sample for the Council to examine. Councilman Smalley asked Kornelis if the original bid request specified FLEX-270. Kornelis stated the original request was to -9- • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 10 use AC5 or CRS2. Kornelis stated that Barnett has handed out an addendum to the bid package. The addendum was mailed out stating that bidders could use AC5 or CRS2 or FLEX-270. Smalley asked if the City is aware of any quality problems with substitute materials. Kornelis answered yes. Councilman McComsey asked how long the FLEX-270 product lasts. Barnett answered from three to seven years. It flexes at -70 degrees over a 90 degree angle. He stated that AC5 and CRS2 fracture at 10 or 20 degrees. Mayor Williams asked Kornelis if all the bidders were furnished a copy of Addendum #2. Kornelis stated that they were, and that on the bid form the bidders are required to acknowledge receipt of the addendum. Councilman Measles asked what has been the airport's experience in the past with crack sealant. Kornelis stated that the City has used AC5, and it has been a few years since it was last done. The job was bid last year, but it was postponed. Councilwoman Swarner asked what product is used to patch the cracks in the streets. Kornelis answered AC5. Councilman Bookey asked if the City is happy with AC5. Kornelis answered that the City would probably have gone to FLEX-270. Councilman Measles asked if all bidders Kornelis stated that he would need to go the bids to answer that question. BREAKS 8:30 P.M. HACK TO ORDERS 8841 P.M. bid based on FLEX-270. to his office and get Kornelis said that Diversified Asphalt and Quality Asphalt Paving bid using AC5; Wilderness Paving and Anchorage Enterprises bid using FLEX-270. Kornelis stated that portions of the runway have been scheduled for closure beginning June 1, 1993. Mayor Williams asked why there is such a wide disparity in bids, even among those who bid using the less expensive material. -10- N KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 11 Kornelis stated that when AC5 is used there is a lot more labor involved because sand must be spread on top of it. For this reason, some bidders thought they could bid using FLEX-270 and still be competitive with the AC5 bidders. Kornelis stated that the City's options are to either accept the low bidder or re -bid the job. He stated that he doesn't know the consequences of re -bidding in terms of the closure schedule at the airport. Councilman Smalley asked if the Council couldn't decide that the low bid was not in the best interest of the City and opt for another bid. Attorney Graves answered that he would be more comfortable doing that if Diversified Asphalt were in attendance at the meeting in order to give them the opportunity to make their own presentation. r Kornelis stated that he wasn't sure there were enough funds in the budget. Brown stated that as of a couple of weeks ago there was approximately $71,000 in that account. Mayor Williams suggested that the bidding be thrown out and rescheduled for later in the summer. McComsey asked the Administration to investigate the two types of materials and specify in the bidding which product is to used. McComsey asked if FLEX-270 is available to all contractors. Barnett answered yes. VOTE: Measles: No McComsey: No Smalley: No Williams: No Bookey: No Swarner: No Monfor: No MOTION FAILED. MOTION Councilman Measles MOVED that all bids be rejected; that the project be re -bid in late summer after the fish -haul season; and -11- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 12 that the Administration investigate the materials, determine the best one, and specify it in the new bid packages. Councilman Smalley SECONDED the motion. No further discussion. No objection to unanimous consent. MOTION PASSED VNANXMOVBLY. 0-10. *1993 dames of Chance and Contests of 8ki11 Monte Cario Permit Application - American Legion Auxiliary Unit 20 - 6/19-20/93; 8/28-29/93; and 10/30-31/93. Approved by consent agenda. C-11. *1993 Games of Chance and Contests of Skill Permit Application - Alaska Municipal League. Approved by consent agenda. ITEN D. 9=I88IONJQ0J ITTLE REPORTS D-1. Council on Aging Swarner stated last week seniors picked up trash along their section of Bridge Access Road. The Senior luncheon is this Saturday, beginning at 12:00. For tickets see Pat Porter or Chris Monfor. Tickets are $12.50, D-Z. Airport Commission Measles stated that the Commission has not met since the last Council meeting. McComsey asked if there was a misprint in the ad copies shown in the packet. It was determined that one of the telephone numbers in the ad was incorrect. Mayor Williams asked if the issue of the landing fee had been resolved. He stated there had been a suggestion to eliminate the user fee for aircraft under 4,000, and make the landing fee a minimum of $25.00 per aircraft. Swarner suggested that a person's first and last name should be used when being referenced in the minutes. She said it would -12- • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 13 also be helpful if there were a list in the minutes of people attending the Commission meetings. D-3. Harbor Commission Bookey stated there had been a meeting on the loth. The dock ramp was discussed. The motion was passed to attach the boat launch fees to the boat number and to approve a seasonal pass for $50 per boat number. He stated there was also discussion about the transient cannery workers. Williams stated that he had heard there was discussion about the city running water and sewer to that area. Bookey stated he understood that information had been on the radio. Bookey stated he said at the meeting that the orchard owners in eastern Washington have had to provide facilities for their transient workers. Bookey stated he doesn't understand why that hasn't happened here. D-4. Library Commission Monfor stated there had been no meeting. Minutes of the last meeting are in the packet, as are the goals and objectives. She thanked Emily for the volunteer appreciation dinner. D-S. Parks i Recreation Commission McGillivray stated the minutes are in the packet. Smalley asked McGillivray about Forest Drive Park and the underbrush that was going to be removed from the sites. He also asked about the restrooms: Is the City required to make them handicapped accessible? McGillivray stated that the City only has to do that when new restrooms are put in. Smalley asked if it would be possible for the City to charge a $5.00 fee for campers using that park for camping. He suggested that someone could drive through the park once a day and look for permits. The money from the campers could be used to offset repair bills for the park. McGillivray stated that the bulk of the campers who use the park are cannery workers using tents. Many of those campers are gone in the mornings when someone from the City drives through, and -13- . KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 14 they are difficult to catch because of their odd working hours. Someone would have to be checking the park often in order to catch everyone. In the past the City has tried issuing stickers good for 72 hours. When a camp site was found not to have one, the police were notified. McGillivray stated that if a fee is requested and a container is placed in the park it would be difficult to keep it from being robbed. He said in the past there has been discussion about having no camping in the park, but that might not work because of federal funding. Monfor stated we won't know if putting in a container for fee collection in the park will work unless we try it. If it's not successful, she stated she would say no camping in the park and wait until the federal government does something about it. She stated she is nervous that small children are playing and riding their bikes in that area and to see what's driving in and out of that campground. She stated she is nervous about the overflowing garbage, and that last week some kids were having a party in the campground and set the picnic tables on fire. Monfor stated, "If we can't patrol it properly and we can't maintain it and we can't charge for it, then shut it down. The people that use it do not live in the City of Kenai and they do not pay taxes here so why should they be penalized for the people who are coming from outside and using it and they don't give a rat's ass." She stated that something should be done tonight: either require a fee and have someone patrol the park and make people pay or get out, or shut it down. Smalley stated that if someone doesn't pay the fee and can't be found, maybe their camping equipment could be confiscated until they do pay. McGillivray stated that the Parks Dept. cannot confiscate anything. McGillivray stated that he would just as soon not have camping in that park. MOTION Monfor MOVED that the municipal park be shut down to any kind of camping for the 1993 year. Measles SECONDED the motion. McComsey asked for unanimous consent. Williams stated that this motion would act as a directive to the administration. The administration has the authority to ® designate camping areas. Once the administrative order from the -14- �i • 0 KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 15 City Manager has been delivered, it can be countermanded by the Council at a later date if they find it necessary. No objection to unanimous consent. MOTION DABBED UNANIMOUBLY. Bookey stated that at the end is a broken pipe that has been It needs welding and painting. Kornelis will take care of it. of Main Street on the bluff there that way for a couple of years. D-60 planning i Zoning Commission Smalley stated the agenda is in the packet. He stated item 5A (Resolution PZ 93-17) regarding Kcherita Katering was a popular item at the last meeting. Of the ten houses out there, eight people showed up at the meeting and two wrote letters in opposition to it. All were adamant about a commercial venture not being in their residential neighborhood. The issue was postponed to the next meeting (May 26) to allow time for the seven-day notice in the paper. Smalley stated the neighbors were concerned about a restaurant facility being opened in the neighborhood. It would serve 11 or 12 people and be open until 11:00 p.m., and there would be access to the home from the Spur Highway. Also, even though alcohol would not be served in the restaurant, individuals could bring their own alcohol with them to drink with their meals. Additional traffic in the neighborhood could also be a problem. Smalley stated that there are about 16 lots in the neighborhood, and 2 of the people at the meeting own 2 lots each. So most of the neighborhood was represented. Resolution PZ 93-18 was making one lot out of two. It passed. Resolution PZ 93-19 was making two lots out of one. it passed. Smalley referred back to the catering business and the concerns voiced by the neighbors. He stated there is concern that the septic system on the property is designed for residential and not necessarily for commercial. The parking and extra traffic, violation of their subdivision rights which say residences only, no access off of Spur Highway. These are in the covenants. -15- . • 6, • KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 16 D-7. M1506116A*ous Commissions and Committees Swarner stated that members of the Beautification Committee met yesterday and helped plant lilacs and roses. They are about 95% planted now. Swarner pointed. out the letter in the packet from Jerry Hanson regarding the area near Lawton Drive and Rogers Road. Swarner stated that the Beautification Committee had been given access to some railroad ties, but there are none left. She asked that the City purchase some railroad ties. Bookey stated that there may not be any available right now. Williams asked the Administration to talk with the railroad companies and have the City put on a list to get railroad ties when they become available. Swarner thanked Bob Frates for his help in coordinating the roses and lilacs project. Swarner stated that more flowers will be planted in Leif Hanson Memorial Park, the fire and police department on Saturday. The Chamber yard will also be done. Swarner asked Kornelis about the old banners. He stated that it's on the list of things to do. Swarner said more volunteers could be used for planting, and leaves and grass clippings can be used for the beds. Kayo McGillivray asked to speak again regarding Parks & Rec Commission. He stated that there has been a tremendous amount of vandalism along the Bernie Huss fitness trail (Ryan's Creek area). He stated it may be necessary to close off the end of the trail near Carr's to stop the stream of people through there. Swarner stated that letters regarding the All -America City Garden have been sent out. She put in the letter that the dedication would be on July 41 1993. ITEM Be King-TEO E-1. Regular Meeting of May 5, 1993. Approved by consent agenda. -16- iKENAI CITY COUNCIL MEETING MINUTES NAY 191 1993 PAGE 17 ITEM F 9 CORREBPOIMM-8 None. None, ITEM 8. INN,BunuEpa. E-1. Bills to be Paid, Bills to be Ratified LOTION Councilman Smalley MOVED .to pay the bills and Councilwoman Monfor SECONDED the Motion. There were no objections. 80 ORDERED. 8-2. Purchase Orders Exceeding $10000 toMOTI011 Councilman Measles MOVED to pay the purchase orders over $1,000 with the addition of the purchase order to Pro -Truck in the amount of $3,000 for the storage van. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. 8-3. Ordinance No. 1543-93 - Increasing Estimated Revenues and Appropriations by $6,504 in the Council on Aging Title III Fund. Approved by consent agenda. 8-4. ordinance No. 1543-93 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1993 and Ending June 30, 1994. Approved by consent agenda. H-5. Ordinance No. 1544-93 - Increasing Estimated Revenues and Appropriations by $797,765 in the Evergreen/dialler Paving Capital Project Fund. Approved by consent agenda. • -17- KENAI CITY COUNCIL MEETING MINUTES MAY 191 1993 PAGE 18 8-6. Ordinance No. 1545-93 - Increasing Estimated Revenues and Appropriations by $11,433 in the Rehabilitation of Taxiway A-3 Project. Approved by consent agenda. N-7. Approval - Assignment of Lease - Lot 9, Block 1, Cook Inlet Industrial Air Park Subdivision From Teamsters Local 959 to Rick Vann Profit Sharing and Trust. MOTION Councilman Smalley MOVED to approve assignment of lease. Councilman McComsey SECONDED the motion. No objections. 80 ORDERED. H-8. Discussion - Nikiski Pool Renovation Project - Letter of Support. Williams stated that since the bond issue passed the letter of support is a moot point. H-9. Discussion - Agreement Between the City of Kenai and the State of Alaska for a Portion of the Financing of the New Court Facility. MOTION Councilman Smalley MOVED to approve the agreement. Councilman Measles SECONDED the motion. No objections to unanimous consent. 80 ORDERED. B-10. Discussion - City Attorney and City Clerk Salaries. Williams asked if the Council wanted to discuss the changing of these salaries. No discussion. Matter set aside. H-11. Discussion - Draft Agreement/New City Manager. Councilwoman Swarner stated she talked with several people in St. Clair, MI who have worked with Tom Manninen. He was described as "the best boss," a "team leader;" he gives constructive criticism.* The Assistant Superintendent described Tom as -18- • KENAI CITY COUNCIL MBETING MINUTES MAY 19, 1993 PAGE 19 enjoyable and progressive. He stated that the five-year capital plan was finished in two years under Tom's.direction. swarner was told that Tom worked very well with the Council and was very good at grant administration; he was business -like and in tune with the environment and well-informed about city policies. Williams stated that an.article in the paper reported that Mr. Manninen has a good credit report and owns a new car. Councilman Measles suggested that a work session be called to discuss the agreement with Mr. Manninen. It was decided to meet Monday, May 24, 1993 at 6:00 p.m. in the Council chambers. 1-1. Mayor Mayor Williams stated that another $600,000 would be needed for Thompson Park. The trunk line can be contracted and get it started this fail.. During fall and winter months the design can be completed for Thompson Park.. The other $600,000 can be requested during the next legislative session. Williams asked Council how they would feel about doing a variety of small projects for about $1.5 million. He suggested doing a prospectus describing the projects which could possibly include: the Bernie Huss trail, the $300,000 for the regional animal control center, development of a concession stand and bleachers at the ball parks, improving the viewing area on the bluff, the Heritage Village concept. -Williams suggested thinking about buying out the vacant lots in Old Town and preserving them for use for the Heritage Village project. The fire truck might also be included. Councilwoman Monfor asked if the money the City receives from Juneau wouldn't have to be matched by the City. Williams answered that some may and .some may not. He stated that the Governor told Williams that he would put the hockey rink money in his (the Governor's) capital improvement budget. Williams stated that he want to use lots of back-up material in the prospectus this year, and begin the process early. Williams handed out a donation sheet to be used for collecting donations for the hockey rink. Williams expects to collect $100,000 in personal donations from the community. He stated it -19- 0 0 �J KENAI CITY COUNCIL MEETING MINUTES NAY 191 1993 PAGE 20 has been suggested that when businesses donate $1,000 or more they be given two days use of the new facility. Williams urged councilmembers to contribute their permanent fund checks to the hockey rink. He stated that he is committing his own dividend check on behalf of his grandchildren. 1-20 City Manager No report. I-3. Attorney Graves stated that oral argument was held in Peloza v. Freas in front of the supreme Court today. He stated the week of June 6, 1993 he will be at a school on construction litigation. He will be back on Friday. I-4. City Clark Clerk Freas stated she would be leaving for Orlando on Friday morning to attend the international Municipal Clerks Assoc. conference for one week. She will return to the office on Tuesday, June 1. I —So Finance Director No report. I-6. Public Works Director Kornelis reported that he talked to John Mellish, owner of RPM. He has moved over 10,000 pounds of material to the dump. Kornelis stated he looked at the premises today and that it looks much better. Kornelis pointed out information Item 03 regarding new dock rates, and Item #6 regarding the Main Street Loop traffic signal. Councilman Measles asked if sales tax is.charged at the dock. Kornelis stated that sales tax is charged on top of the dock rates and for fuel. -20- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 21 I-7. Airport Manager No report. ITEM J. D11MOB, ION J-1. Citizens None. J-2. Council eookey - Asked Kornelis what was going on the old Carr's lot. Kornelis stated that something was going on involving the statewide Fire Fighters Association. . Bookey stated that he feels motorists are not obeying the speed limit on the Spur Highway through Kenai. He stated that the chip trucks are travelling too fast as well, eookey also asked Chief Morris if there is any way that there could be more patrolling by the police, especially from 6:00 to 10:00 in the evenings. Merchants are concerned because of some recent occurrences. Swarner - AML convention will be held here in Kenai November 7- 13, 1993. Tonight at the award assembly at Kenai Central High School the William Brighton Memorial Scholarship was given to Danny Cox; it was a $1,000 savings bond. Monlor - no report Measles - Will miss the next Council meeting; leaving Thursday night and returning on June S. MaComsey - Stated the City should look into the cost of putting a fence across the end of the trail in the Ryan's Creek park area. This should be done before the restoration work is done. Maybe Cams could share the expense. Williams stated that he would like to get the new city manager over there to meet the people at Carr's. 0 Smalley -- no report -21- 1� KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 22 Williams - nothing further The meeting adjourned at 10:00 p.m. Minutes transcribed and submitted by: -22- i Ovo 0Y C WJL 01� p:a�8 Ciif�