Loading...
HomeMy WebLinkAbout1993-11-03 Council Minutes. • • AGENDA RENAL CITY COUNCIL - REGULAR MEETING NOVEMBER 3, 1993 7100 P.N. KENAI CITY COUNCIL CRAMBERB LENNFFiN__W - 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 motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B . BCHEDULIED PUBLIC CMMW_ (10 minutes) C. PUBLIC HEARINGS 1. Resolution No. 93-85 - Accepting a Grant from the State of Alaska for a 95' Aerial Platform Fire Engine. 2. Resolution No. 93-86 - Awarding a Contract to Craig Taylor Equipment for a Utility Tractor in the Amount of $18,729.27. 3. 1993 Liquor License Renewal - Mr. D'n/Tourism-Beverage Dispensary - WITHDRAWAL OF PROTEST 4. *1994 Dawes of Chance and Contents of Skill Permit Application - American Legion Auxiliary, Kenai Unit 20. 5. *Restaurant Designation Application - Kitchen Express & Seafood Saloon. 6. *1994 Games of Chance and Contests of Skill Permit Application - women's Resource & Crisis Center 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- • �i • 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees Be NINn288 1. *Regular Meeting of October 20, 1993.. 1. Discussion - Certified Local Government Historic Preservation Grant Funds, 2. Discussion - SAecond Well Drilling 3. Discussion - Water & Sewer Service Lines - Grant Place/Aspen/Beaver Loop. N. NBIi 890IN888 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 3573-93 - Increasing Estimated Revenues and Appropriations by $250,000 in the Water and Sewer Fund for Spur Highway Water and Sewer Crossings. 4. Discussion - Water & Sewer Crossing - Spur Urban - DOT Redesign of Storm Sewer. 5. Approval - Agreement and Consent to Assignment of Lease for Security Purposes - Lot 3, Block 4,.Fidalgo Commercial Center/John & Karin Gensel, d/b/a Creative Childcare, Ltd. 6. Discussion - Sales Tax Policy 7. Discussion - Cremo Plan - A Request for a Constitutional Amendment Related to the Alaska Permanent Fund to be Placed on the Ballot for the Next General Election. 1. Mayor 2. City Manager 3. Attorney �2- • 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager �. DISC, COX 1. Citizens ( f ive minutes) 2. Council �3- • i1 0 KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 31 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOEN J. WILLIAIMS, PRESIDING Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swarner, Monfor, Measles, Bannock, Smalley and Williams. A-5. ,AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: I -I, 10/22/93 K. Laurie, Unocal letter of invitation to attend a community meeting scheduled for 11/4/93, 7:00 p.m., at North Star Elementary School to discuss air emissions. I-1, 10/26/93 Marathon Oil & Phillips Petroleum letter of invitation to tour the Kenai LNG Plant and the "Polar Eagle" on 11/20/93. I-11 10/29/93 Joyce M. Molenhauer letter requesting introduction of a local obscenity ordinance. MOTION: Councilman Smalley MOVED for approval of the amended agenda and. requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. A-6. There were no changes to the consent agenda. MOTION: Councilman Measles MOVED for approval of the consent agenda as presented and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. e • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 3, 1993 PAGE 2 None. C-1. Resolution No. 93-85 - Accepting a Grant from the State of Alaska for a 95' Aerial Platform Fire Engine. MOTION: Councilman Bookey MOVED for approval of Resolution No. 93-85 and Councilwoman Monfor SECONDED the motion. There were no public or council comments. VOTES There were no objections. 80 ORDERED. C-2. Resolution No. 93-86 - Awarding a Contract to Craig Taylor Equipment for a Utility Tractor in the Amount of $181729.27. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-86 and Councilman Measles SECONDED the motion, There were no public comments. Swarner asked Kornelis if this purchase is to replace the old tractor. Kornelis answered yes. Kornelis referred to the fact this was not the low bid. Swarner stated she understood. VOTES Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. C-3, 1993 Liquor License Renewal - Mr. D's/Tourism-8evo.rage Dispensary - WZTRDUWAL Or PROTEBT. A short discussion followed. Clerk Freas acknowledged the City sent a letter of protest in April due to unpaid taxes. A copy of that letter, as well as the Borough's letter of protest were . KENAI CITY NOVEMBER 3, PAGE 3 COUNCIL MEETING MINUTES 1993 included in the packet. Freas referred to the Borough letter removing their October 21, 1993 unpaid taxes have been brought current. acknowledging the MOTZONs Councilman Smalley MOVED for withdrawal of the City of Kenai protest of the 1993 liquor license renewal for Mr. Councilman Measles 88C0NDED the motion. There were s and objections. 80 ORDERED. a no C 4 • 1994 Dames of Chance and Contests of Skill Application - American Legion Auxiliary,Kenai Unit 20. Approved by consent agenda. c's• Restaurant Deei i�;:'. gnation Application - Kitchen Express & Seafood Saloon. Approved by consent agenda. C-6. 1994 dames of Chance and Conte8t8 of Ski liL Application noWomen's Resource & Crisis Cen eermit Approved by consent agenda. T COM�[1'9gTnV iyA - - "�=TYRE RE�►eeTa D-J* Council on Aging Swarner reported she was asked by Director Porter t Council the Center intends to contact our legislators inform re $50#000 in legislative appropriations to replace rs to request used to transport seniors to and from the Center current vans etc. Swarner added the shop foreman has requested replacement, be found. Director Porter added it is not the i d replacements Senior Center to have this re intent of the list. Porter added they do not wishto of the CiP list. P with the CIP eKENAI CITY NOVEMBSR 3j PAGE 4 • COUNCIL MEETING MINUTES 1993 be available for adding 20 units to the congregate housing facility. The loan would have to be paid for by revenues received from rents, etc. Williams asked Finance Director Brown if the voters would have to approve the City of Kenai going into a loan situation with AHFC, or can it be through a housing authority fund. Brown stated he would have to check with the attorney and manager first, but he thought if a loan is approved and the City can get a lending agency to agree that all payments will be paid by rents, he did not believe it would have to go to a vote of the people. Brown added if it is stated in the paperwork the City's tax base would not be at risk, he did not believe a housing authority would have to be formed it could be done on its own, as well, as through revenue bonding. Williams stated the method he has discussed would be to loan money to a private non-profit organization who would build the housing. The low interest loan could be one to two percent interest. Brown stated he does not know much about housing authorities and.could not comment. Swarner asked Williams if he was suggesting income restricted. Williams stated it is his understanding it is not. Williams asked council if they were interested in doing something like this and if more information should be received and investigated. Smalley stated he believed it is worth investigating. Swarner asked if there were any FAA requirements that would keep the City from building an addition using a private, non-profit group. Administrative Assistant Howard stated she does not know how much more property is available by the existing facility. Williams stated he would take the Council's comments as a signal to investigate the possibility further. Swarner informed Council Lynn Kocinski has resigned her position at the Senior Center. There will be a lunch for Lynn on November 16, 1993. a-2. Airport Coamission Councilman Me.aslea reported the minutes of the last.meeting were included in the packet. The next meeting is scheduled for November 18, 1993. • xErrAi c=Tx NOVEMHER 3s, PAGE 5 COUNCIL MEETING MINUTES 1993 Williams reported he received a telephone call from Airport Commissioner Toppa regarding the placement of Commissioner Werner-Quade from the Airport Commission to the planning & Zoning Commission. Williams stated he assured Toppa Councils choice was due only to the fact that Werner-Quads's application was submitted first. D-3. Harbor Commission Councilman Bookey stated the next meeting was scheduled for Monday, November 8, 1993. Bookey added there is a vacancy on the Commission. D-4. Library Commission Councilwoman Monfor reported a meeting was held last night. The Commission discussed other avenues to generate interest for participation on commissions and committees. Monfor also stated the Library's Open House is scheduled for December 21. The Library will be closed November 25, 26, 27 and 28 for the Thanksgiving holiday. D-Se Parks & Recreation Comatissi= Councilman Bannock reported the minutes of the last meeting were included in the packet. The Commission reviewed an offer from Mr. Sturman to sell property fat a low price) to the City for a park in the Section 36 area. Bannock reported the Commission thanked Mr. Sturman for the offer and stated they did riot believe_ the City needed it as there is property on the east side of Cook Inlet Drive available. Bannock added the Commission discussed their goals and objectives and prioritized them as well. Their first concern is tent camping and second the Bernie Huss Fitness Trail clean-up and fencing. Monfor complimented the Commission for the goals and objectives, Monfor stated she would like goals and objectives received from the other Commissions and Committees soon after the first of the year. Monfor added Council should then have a work session and review and do their own prioritization. 0 Williams requested Ernst to find out From FAA what their intentions are with the small green building situated at the Leif 0 0 0_ • KENAI CITY NO'VEMRER 3 , PAGE 6 COUNCIL MEETING MINUTES 1993 Hansen Memorial Park, Williams suggested the building could have a lag facade and sod roof added and used for storing fertilizer, etc. • D-6. planning i Zoning Comsission Councilman Smalley reported the Commission minutes were included in the packet. A variance permit was approved for the Keck's to add a recreation room to their home. Commissioner Werner -Quads was sworn in as well. D-79 Miscellaneous Commissions and committees No reports. a -I* Regular Meeting of October 20, 1993. Approved by consent agenda. None. 0-1. Discussion - Certified Local Government Historic Preservation Grant Funds. Manninen referred to his memorandum included in the packet which requested direction from Council as to what their priority is for the grant application to the Department of Natural Resources. Manninen added there is approximately $40,000 throughout the state for FY94 CLG grants. Williams stated the grant application could be used for information to get other grants as well. Williams asked administration to continue working on this. Manninen stated administration needs Council's direction as to what their priority is and for what to request funds. • l� KENAI CITY NOVEMBER 31 PAGE 7 COUNCIL MEETING MINUTES 1993 Councilman Measles suggested No. 2 from the memorandum, i.e. local historic preservation planning projects. There were no objections. a-2. Discussion - Second Well Drilling Kornelis referred to the memorandum included in the packet and. stated the water samples were available for council to see. Kornelis stated the new well was drilled to 3601. Water was found, but not any clearer than what is coming from Wellhouse No. 2. Kornelis requested Council's direction as to where to drill next, if that is what they wanted to do. Kornelis stated his recommendation would be to drill next to Wellhouse No. 2. Kornelis stated Wellhouse No. 1 has clean clear water, but if more water was found there, there would still be a distribution problem (tanks, pumps, etc.) and would be expensive to accomplish. Kornelis stated if a well is drilled by Wellhouse No. 2 and more water found, the well could be discontinued and the existing tank and distribution pumps could be used. It would be less expensive. Discussion followed regarding the 1971 report which was included in the packet. Williams suggested pumping the existing Test Well No. 2. Swarner stated she would like Public Works to investigate a well in the potential area on State land, find out what requirements there would be to drilling there, i.e. leasing of the land, etc. If Test Well No. 2 does not work out, the State land is halfway between the test well and Wellhouse No. 2. Swarner added she is willing to gamble money on another well before building a filtration system. Kornelis reported it is time for testing of both Wellhouse No. 1 and 2 (tests are to be done every three years). Kornelis suggested no drilling take place until after the testing is complete so that the tests are not affected. Williams suggested setting the issue of drilling another well aside until after test. information is received on Wellhouse No. 2. Smalley asked about money set aside to drill another well by Wellhouse No. 2. Kornelis stated the previously approved $5,000 purchase order was not used. There is a new purchase order to Kraxberger on the purchase orders over $1,000 list. Kornelis stated he would like to either hold that purchase order or amend it to pay for the drilling and testing of water at Wellhouse E KENAI CITY NOVEMBER 3, PAGE 8 COUNCIL MEETING MINUTES 1993 No. 2. Williams suggested it be a not -to -exceed amount of $9,600. (Action on the amending of the purchase order was taken at Item H-2.) 6-3, Discussion - Water & Sewer Service Lines -- Grant Place/Aspen/Beaver Loop. This discussion is a follow-up from the October 20, 1993 council meeting wherein the Slaughters requested the City to help them find a way to hook into the city water and sewer service. Williams referred to a memorandum included in the packet which discussed the cost of putting sewer service to the Slaughter property on Grant Place. Estimated cost for water and sewer service to only the Slaughter residence was $20,000. Kornelis had a map showing the location of the Slaughter residence available for Council to review. Mr. Slaughter spoke to Council. Slaughter stated he can place a DEC approved septic tank on his property, but has no where on his land to put it because of the proximity it would have to his well. A new well would have to be drilled. A new septic system would be within 80' of a manhole. Slaughter added he was advised the cost would be approximately $200000 for the city to hook.him into sewer service. Slaughter stated the work could be done for $9,500 if the city did not have to do the work. Williams (stating he did not want Administration to get upset) suggested it would cost Slaughter to run a sewer line to his property for approximately $3,000. Williams stated there are bootlegged water and sewer lines in the community which are tied into city lines. Williams suggested to allow Slaughter to put the line in himself and use it for the next two to five years. Williams added the City does not have funds available at this time to put in water and sewer to this property. Williams suggested to allow Slaughter to put in the line and put the information on an inventory list for future work for the City to do. Williams added the cost of putting in this line would be totally Slaughter's cost. Smalley asked Attorney Graves what kind of liability would be created. Graves responded that the question would then be how the City could say no to others if permission is given to Slaughter to put in his own line. Graves added it is setting a policy of allowing bootlegged lines. . RENAI CITY NOVEMBER 3, PAGE 9 COUNCIL MEETING MINUTES 1993 Monfor stated she agreed with what had been said. Monfor added the Slaughters have had the problem for a long time. The problem could force the Slaughters out of their home. Bookey stated he does not have a problem with it, but legally, the City should make sure ADEC will approve. Bookey cautioned, the City does not want to get into a situation with ADEC. Williams stated he thought Graves could come up with a hold harmless for the property owner to sign. Kornelis stated ADEC requires any work done in a right-of-way must be designed by an engineer. Williams stated that is what they are not going to do. Kornelis stated he believed DEC would consider the line an extension of the main line and DEC would require the line designed and approved in order to give an operating permit. Measles stated he believed it could be done without being considered an extension of the main line. Slaughters want to drop a service line into it. Kornelis stated the policy has been that any time a line is in the right-of-way, the City requires the main line go at least as far as the property does. Then service lines come off of that. The property owner has certain responsibilities for the service line to the main. Kornelis. again referred to Code requirements. The Code requirements are there so there are not 20 service lines going down a street. The history of the problem was discussed. Nancy Gourley stated the Slaughters have talked three times to DEC and La Shot and then they came to Council. It has been an exhausted effort. Four contractors have told Slaughter to hook in himself during the middle of the night. Williams asked if an arrangement can be made with DEC in which they, in this instance, would send the City a letter saying they will approve a substandard or small service line for a single, one-time use by a residence, could the City let him go ahead with placing the service line. Kornelis stated he does not have a problem if directed by Council and if DEC does not have a problem, however, Slaughters will need to get a licensed and bonded contractor. Williams stated Slaughter should go to DEC and state it appears the City may allow him to place the service if they approve it by letter. Williams stated to Slaughter he would have to pay for the cost. Williams added Slaughter must get a letter from DEC E 0- 0 KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 31 1993 PAGE 10 and bring it back to Council. Gourley asked about engineering costs. Williams stated those would be Slaughterls costs. Measles stated Slaughter does not have to bring it back to council. If Slaughter obtains the letter from DEC he could bring it to Administration and the work can proceed. Slaughter asked if he has all the equipment there to do the work, can he run a water line also. Williams stated he would need to get a bonded contractor and tap into it. Kornelis stated he would have to tap into a stub out. Kornelis added there would be service lines and they would be his (Slaughter's) responsibility. Williams asked what to do if there are more residents that want to do the same thing. Monfor stated those persons must deal with the City Manager. Gourley asked what if property owners between the Slaughters want to hook in. Williams stated they would have to put in a service line. Summary of discussion was: 1. Work performed in the public right-of-way must be done by a contractor licensed to work in the city right-of-way. 2. ADEC must write a letter giving their approval of running a sewer service line down the right-of-way without requiring an engineering design. 3. The Slaughters will be responsibility for maintaining the service line from their trailer to the manhole on Third Avenue. 4. The Slaughters must agree that should the City ever run a main line on Grant Place, past their trailer, they will be required to hook into the main and abandon the part of the service line going down the right-of-way. Williams introduced Representative Mike Navarre and Assemblymember Tim Navarre who were in the audience. 8RMR: 5:35 PM RETURN TO ORDER: 8:4 $ Ply r • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 30, 1993 PAGE 11 iI-I* Bills to be Paid, Bills to be Ratiliod MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. 80 ORDERED. H-a. Purchase Orders Exceeding $i0,000 MOTION: Councilman Smalley MOVED for approval of purchase orders over $1,000 and Councilman Measles SECONDED the motion. MOTION TO AMEND: Councilman Smalley MOVED to amend Kraxberger Drilling to change it to exploration work of Test Well No. 2 at an amount not to exceed $9,600. Councilman Bannock SECONDED the motion. VOTE ON MOTION TO AMEND: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. VOTE ON AMENDED MAIN MOTIONS Councilman Measles requested UNANIMOUS CONSENT. There were.no objections. 80 ORDERED. N-3. Ordinance No. 1573-93 - Increasing Estimated Revenues and Appropriations by $250,000 in the Water and Sewer Fund for Spur Highway Water and Sewer Crossings. Approved by consent agenda. H-4. Discussion - Water & Sewer Crossing - Spur Urban - DOT Redesign of Storm Sewer. Williams referred to information included in -the packet regarding the DOT/PF's request for $5,000 to redesign the storm drain on Swires Road. The State proposed storm drain and the City's proposed sewer line conflict. If the storm drain alignment is not redesigned, the city may have to eventually install a lift O • KENAI CITY COUNCIL MEETING MINUTES NOVE11BER 3 , 1993 PAGE 12 station due to a loss of approximately four feet of elevation. Cost for the State to redesign the storm drain is about $5,000. Ordinance No. 1573-93 will be at public hearing for the November 17, 1993 meeting. The $5,000 would be coming out of the $250,000 to be appropriated with Ordinance No. 1573-93. Williams asked Representative Mike Navarre if it would be possible to get 90/10 money (which is what is being used to do the highway project) to assist the City for funding the crossings since it is part of the overall highway system. Navarre stated he did not know, however he thought he may be able to get the possibility discussed. Williams stated he was reluctant to appropriate City money if funding can be obtained to fund the work. Williams added the Legislature will not reimburse money appropriated by Council after the work is completed. Williams added, if the appropriation is made, the Water & Sewer Fund will be depleted (see 10/17/93 Charles A. Brown memo attached to Ordinance No. 1573 and T. Manninen 10/29/93 memo attached to Item H-4). Kornelis explained the dilemma is the $250,000 (if appropriated) would not go into effect until November 17, 1993. The State would like to start the redesign of the storm drain immediately. Kornelis requested permission from Council to go ahead with the redesign and to approve the expending of $5,000 to pay for the redesign. MOTIONS Councilman Smalley MOVED for approval to start the redesign of the storm drain and the for Public Works to contact DOT/PF to begin the redesign. Councilman Bookey SECONDED the motion. Kornelis stated when the City's completed design of the sewer crossings and the State's design of the storm drains were compared, they found this one intersects. Kornelis added it is better to have the State redesign the storm drain because it will be less costly. Smalley stated his motion was to have the City Public Works Department contact DOT/PF to start the redesign. Smalley stated he did not mention money in the motion. Smalley stated it should be for whatever the cost is. KENAI CITY NOVBMBER 3, PAGE 13 COUNCIL MEETING MINUTES 1993 Measles stated he understood the $5,000 in included in the $250,000 to be appropriated at the next meeting, Affirmed. Navarre stated he would return for the next meeting and report the possibility of receiving funding of the $250,000. VOTE: There were no objections to the motion. So ORDRRBD, R-S. Approval - Agreement and Consent to Assignment of Lease for Security Purposes - Lot 3, Block 41 Fidalgo Commercial Center/John & Karin Gensel, d/b/a Creative Childcare, Ltd. MOTION: Councilman Smalley MOVED for approval of the Agreement and Consent to Assignment of Lease for Security Purposes for Lot 3, Bloc 4, Fidalgo Commercial Center. Councilwoman Stwarner SECONDED the motion. Administration had no objections. VOTE: Councilman Measles requested MQNX[008 CONSENT. There were no objections. 80 ORD==. R-6. Disaueeion — Sales Tax policy Councilwoman Monfor asked Finance Director Brown how he decides if a vendor is current in sales tax, i.e. is the vendor current after the fact or during the fact. If they have no sales, tax due, does that make the vendor current. Brown stated most vendors pay sales tax quarterly. If they have not missed a filing and do not need to file, they are considered current. Monfor asked what the City's sales tax policy is. Brown stated there is none. Brown added they do'not check consistently. There is no policy in regard to checking before approving purchase orders. Brown added before public Works awardsa bid, the contractor's sales tax must be currant, also before cab permit renewals are made. Monfor asked if a vendor, who is . not liked, is checked when someone else would not be checked. Monfor added if one vendor is RENAI CITY COUNCIL MEETING MINUTES NOVffiMBER 31 1993 PAGE 14 checked, then all should be checked. Brown stated they do not check their sales tax to give them a bad time. Swarner stated she would like to have the Finance Department check sales tax if there is a purchase order over $1,000. Brown stated there were three council meetings in which this was discussed. Council asked if there could be a policy. Brown stated he said checking the purchase orders over $1,000 would not be burden. This was never adopted as a policy. Brown stated he did discover some of the vendors were late and had not filed. When that happened, the Department Head was told to get it cleared up before the council meeting or the purchase order would be pulled. Swarner stated if the vendor is not paying the sales tax, he is cheating the taxpayers and the city. Swarner added she realizes it is a burden to check all the vendors, that is why she suggested checking those over $1,000. Williams stated the Borough is the enforcement and they have a big problem doing it. Williams added he would hate to see the Finance Department bogged down with checking sales tax on every purchase order. However, agrees equity is needed. Williams added he was not sure the over $1,000 is the equity. MOTIONS Councilwoman Swarner MOVED that Administration come up with a policy regarding purchase orders, vendors and sales tax. MOTION DIED FOR LACR OF SECOND. Monfor stated she does not disagree with Swarner in regard to the responsibility of the vendor to pay his sales tax. However, she feels very strongly that everyone should be treated the same. Monfor added the biggest question is in regard to those small businesses that pay 30 days after the fact. Will they be shut out. Answer, no. Williams stated to Assemblyman Navarre, the City's problem the taxicab drivers, owners, etc. paying sales tax and the Borough's policy with regard to taxicabs. Smalley stated should be a way to tax the owner of the vehicle, Monfor asked how do we know the vendor is current and will everyone be treated the same. No action was taken. with there KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 31 1993 PAGE 15 R-7. Discussion - Cremo Plan - A Request for a Constitutional Amendment Related to the Alaska Permanent Fund to be Placed on the Ballot for the Next General Election. Williams explained the Cremo Plan and stated he supports the concept. Williams asked if Council would like a resolution of support brought forward to the November 17, 1993 meeting. Representative Navarre stated he has discussed the plan with Mr. Cremo twice in two years. Navarre added the plan is fraught with political land minds, however, he believes it has lots of merit. Navarre stated the plan provides for a long-term economic base for the state. Navarre added hard decisions need to be made. The Cremo Plan has merit and it may be helpful to force some discussion and decision making at the state level. If enough people in enough cities provide direction by saying they want something done, the Legislature will have to come up with something. Williams again stated he would like to bring a resolution forward at the November 17, 1993 meeting. There were no objections from Council. ITSM I= ADMINISTRATION REPORTS =-1. Mayor 1. Visioning Seminar - Williams reported on the two-day seminar where 50 people participated. They discussed a Borough plan to 2015. They discussed school growth, education, etc. Williams added they are suggesting the creation of a mini - permanent fund within the Borough. Williams requested Council to give some consideration to this. Williams stated he would like to support the idea. 2. Peninsula Caucus - Williams reported the annual meeting was held. They discussed visioning, the Cremo Plan and all was well received. 3. Hockey/Ice Rink - Williams referred t Council received from City Manager Manninen in rink. Williams stated he was chagrined with it did not request any cost information from him, o a memorandum regard to the ice and that Manninen 40 9 KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 31 1993 PAGE 16 Williams passed out an updated cost information report. The cost information include low, medium and high projections. Williams reviewed the report with council. Williams stated whether Council decides to build the facility or not cannot be decided yet. Williams stated the town hall meeting (scheduled for 11/8/93) should go ahead and get public input. They can run the numbers, and get the sentiment of the community. Williams added credence cannot be put to figures from the City of Soldotna because their ice rink does not resemble the proposed one for the City of Kenai. Nate Kiel - Introduced himself as the Ice Rink Task Force Chair. Kiel referred to the information passed out by Williams. Kiel encouraged council to attend the town hall meeting. Kiel offered his assistance to answer questions or if more information is needed, he will follow up with it. Kiel added he and the Task Force have been working on this proposal for approximately three years. Kiel stated the public will have to be educated as to what the facility would be like and the difference between this proposed facility and that of Soldotna's. 1-2. City Manager 1. Ice Rink - Manninen stated his memorandum served its purpose. Manninen added he was glad the information Williams distributed is out and hopes the information proves to be accurate. Swarner thanked Manninen for his report because it brought up interesting comments and thoughts. Swarner added Manninen was doing his job and doing what the Council want him to do. I-3. Attorney No report. Manninen referred to information passed out to Council prior to the meeting (it was not added to the agenda for discussion). Manninen stated Ramos' request is to purchase the property. The property is basically developed, but there wa although the ordinance requires a development asked Council if they wished to allow the sal be amended to allow the sale. s no plan submitted plan. Manninen e or should the Code • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 31 1993 PAGE 17 Williams asked if a development plan was required when the property was first leased. Administrative Assistant Howard stated no one knows. It was originally leased in the 1968-1970 period. Brown added the ordinance states the property can only be purchased if there is a development plan. Measles referred to the Code and stated it to say, "where the lease sets forth a development schedule." Measles stated the leasing rules now are different from when the property was first leased. Measles added the two-year clause in the Code does need to be cleared up. That was the original intent of the ordinance. Howard stated the portion, "where the lease sets forth a development plan," was added in 1986. Brown stated the conflict in the Code was raised by Vozar. Administration was following a policy and believed they had the authority to do so. Brown stated he advised Howard and Manninen on the Vozar question. Brown stated Administration is caught now because in one part of the Code it states to do one thing and another says another. Brown added Ramos does not have a development schedule. Brown stated Administration did not want to stick their necks out again. Williams suggested Council may want to have Administration examine the issue and put something together that will be legal and will be good for the City and not hinder development. Measles stated it wouldn't if the City says it will lease the property and in two years the developer can buy the property without going to bid unless the property is not developed like it was promised. Williams suggested Administration bring something back to Council. Monfor referred to Howard's memorandum. Monfor stated the City has a people/bureaucracy problem and we cannot continue doing this. Monfor added they need to "get our acts together" so the public does not come to the city and get so frustrated. MOTIOxa Councilwoman Monfor MOVED to sell Lots 10 & 11, Aleyeska Subdivision, Part 2 to Jose and Maria Ramos. Councilman Smalley SECONDED the motion. There were no objections. BO ORDERED. Measles stated the reason the former ordinance was tabled was because of the potential litigation and legal action. Measles • KENAI CITY NOVEMBER 3, PAGE 18 COUNCIL MEETING MINUTES 1993 added it was not time to amend the ordinance. at thisGraves-was Gravesasked his opinion of clearing up the ordinance stated there is still a chance the City will be sued by Vozar. Graves added he does not see anything wrong with chancing or amending the policy at this time. In the Vozar matter, Administration did what was appropriate under the old ordinance. NOTIONS Councilman Smalley MOVED to amend theordinance andcouncilwoman Monfor SECONDED the motion. Thereobjections. ORDERED. =-49 City Clerk 1. Courthouse Dedication - Reminded Council of the dedication at 5:0o p.m., November 9, 1993. 2. Townaite Historic Property ONnere - Freas requested direction from Council as to whether they wanted the the property owners notified of the reconsideration TSH ordinances. Consensus was yes. t-50 Finance Director No report. I -Go public Works Director 1. Courthouse - Kornelis reported the courthouse substantial completion was done and the dthey established date to be October 27. There are items punchlistneed to be completed. The plaque is up and the building should be ready for the dedication. 2. Soil Remediation - Glacier has started work on the contaminated soils. 3. CXV Brochure - Reported he took pictures of different buildings in the City. Would like il'S input as to what Pictures were available they would like to have on the brochure. for Council to review. Smalley stated he thought Monfor should choose. Monfor chose a courthouse picture for the front and have the Congregate Housing picture for the inside. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 31 1993 PAGE 19 4. Building Official - Richard Beck has resigned. Bob Springer has been hired. I-7. Airport Manager Ernst referred to invitations Council received to attend the triennial emergency disaster drill scheduled for 11/8/93 beginning at 6:00 p.m. Ernst explained the drill is an FAA. requirement. The purpose is to test the city and borough -wide response to a disaster. The National Guard will also be involved, as well as volunteer victims, etc. MOTIONS Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Councilwoman Swarner SECONDED the motion. There were no objections. 00 ORDERED, EXECUTIVE SESSIONS APPROXIMATELY 10:15 P.M. BACK TO ORDERS APPROXIMATELY 3,1100 P.M. Councilman Smalley reported in the executive session, Council discussed three cases of litigation, the courthouse, HEA and Inlet Woods, MOTION: Councilman Smalley MOVED for Administration to proceed as discussed in the executive session. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. IT1M JI- ax- fa BION Citizens None. J-2. Council 40 eookey - No report. • RBNAI CITY COUNCIL MBETING MINUTES NOVEMBER 3, 1993 PAGE 20 Swarner - Reported there were numbers missing off the "Welcome to Kenai" sign. Swarner also reported she will be involved in an AML round table discussion on Wednesday. Monfor - No report. Measles - Reported he would be out of town from November 4-13, 1993. Bannock - No report. Smalley - Reported he will be out of town next week. Smalley stated he has requested Councilman Bannock to attend the Planning & Zoning Commission meeting for him. Williams - Reported he will be speaking before the Finance Directors at AML. Williams requested a letter of recognition be written to the dispatcher who was on duty and handled a false io alarm of a chlorine leak. Williams added the dispatcher dealt with a variety of government agencies and did not get excited. Councilman Measles stated he also heard the report on the scanner and agreed the dispatcher did an excellent job. The meeting was adjourned at approximately 11:16 p.m. Minutes transcribed _and submitted by: . s A. %a.av, •