HomeMy WebLinkAbout1992-12-16 Council Minutes•
AGENDA
RENAL CITY COUNCIL - REGULAR K831TINO
DECE49ER 16, 1992
7l00 P.M..
KENAI CITY COUNCIL CKAMBERs
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed Vith an asterisk (*) are considered.
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
B. sCEBDULED PUBLIC COMME (10 Minutes)
i. Seth Yerrington, Architect - Personnel Practices -
Hiring of Building Inspector.
C. PUBLIC HEARINGS
1. Ordinance No. 1323-92 - Increasing Estimated Revenues
and Appropriations by $20,000 in the General Fund for
Attorney Fees Related to the Inlet'Woods Litigation.
2. Resolution No. 92-79 - Transferring $7,:.500 in the
General Fund for Legislative Expenses.
3. Resolution No. 92-90 - Honoring.City Manager WA, J.
Brighton.
4. Resolution No. 92-91 - supporting Proposed Rule Part
VIIZ, EPA 40 CFR, Part 230, "Exception., From Wetlands
Mitigation sequence for Alaska," Commonly Called the
"1l; Alaska Rule."
5. Bennett Abatement - Lot is, Block i4, Atiildttoa ..
subdivision - Confirmation or Rejectionof Abatement
Charges as Being Necessary and Proper.
6. *1993 Liquor License Renewal —Peninsula Moose Lodge
#1942 - Club.
-1-
4
Do SMI88XONiSMITTAX-21129M
I.
Council on Aging
.2.
Airport Commission
3.1
Harbor Commission
4.
Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and tommitte as
*Regular Meeting of December.2,1092,
1. Bills to be Paid, Bills to be Ratified,
2. Purchase Orders Exceeding $1,000
3. *Ordinance No. 1524-92 f" Increasing Estimated Revenues
and Appropriations by $421 in the Senior Citizens -
Borough Special Revenue Fund.'
4. *Ordinance No, 1525-92 - I I noreasing
.1 ..Estimated'Revenues
and Appropriations by $447#150.in Two'New Capital,
Project Funds for Airport Equipment,
5. Assignments - Councilmembers as commission
Representatives.
6. Approval - Assignment of Lease/Lot 3,p -Block 4, Generia-1
Aviation Apron - Erik Barnes d/b/a Barnes -Enterprises
to James F. Adolf.
7. Bet Public Rearing - Final Ass'essment'Roll/Set Net
Drive and Set Not Court.
8. Discussion Reduction in Rent Requests
as Orc& Gifts - Airport Terminal
b. Louiels and Terriols, . Ines airport
Lounge
9. DiUGUBSiOlk Landscape Review Board Ordinance,
10. Discussion Bed Tax Task Force Recommendations..
11. Discussion Court Facility Project,
2-
IMMI CITY COUNCIL Rum".x$x'1'IxO
DSOMBIIt AGO, 2.992
7800 P•M., ;
. 1C�NAh ..CITY COtT�T4�L CS�RB
MAYOR JOHN.. J. W116L
Mayor VMlliams called the meeting to order, at approxintateiy 7:03
p.m. in the Council Chambers,in the Kenai City1a11 building.
�►-�. �o� A�LEarANi��
Mayor Williams led those assembled in the Pledge, of Allegiance.
A-2. R.y
Roll was taken by the City Clerk. Present were: Bookey, Swarner,
Monfor, Measles, Smalley and Williams.
Absent was McComsey.
A -So
Mayor Williams requested the following changes to the agenda:
ADDS C-4, Additional Ynfora►ation -- 12/15/92 AnchaaragrQ Ds3iy
News article entitled, Wetlands Plan Hung Out, .to Dz7, . ,
a (b) - 12/15/92 K. Howard memorandum and draft
amendments to terminal leases of Orca Gifts and.Louies
and Terries, Inc.
I-1, R.Ernst memorandum regarding Proposed Aircraft
Rescue and Firefighting Training Facility,
I-1, 12/9/92 B. Kluge letter regarding PTI
Communications/Peninsula District Facilities,
Information Item No. 10 - Notice.of Public Meetings
regarding Final Reapportionment Flan.
''Information =ten No. yl-.12/15/92 AML memorandum
regarding Governor Rickel'a proposed FY94 budget.
MOVS8 Information Item 6 to .e-2 vince- , o f Reilly . to weak
s
regarding the Governor'Economic Summit
MOTtON=.
KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 2.
►-a �Qmw =
Mayor Williams requested the following. change to 'the' Consent
Agendas
ADDS 0-70, 2993 Liquor License, Romov4j,-' -- One atop -Package
Store.
NOTION$
Councilman Measles KOVNO for approval of the Consent Agenda as
amended and Councilwoman Monfor BSCONDED the motion. There were
no objections. 80 ORDERED.
12= B a BCHBDZILZD YMIC _g=
2-10 Beth Yerrington, Architect - Personnel Practices -
Hiring of Building Inspector,
Yerrington stated his address to be 40855 Seaview Avenue, Romer,
Alaska.. Yerrington stated that he is former citizen of Kenai.
Yerrington referred to his letter which,was included.in the
packet., Yerrington stated he - is concerned that the City's
advertisement requesting applications for the position of
Building Inspector eliminates architect.and engineers from
applying for the position. Yerrington stated the elimination
would be from the required ICBO certification. Yerrington stated
that architects and,engineersss may not have the certification, but -
have been tested for their knowledge.on a larger scale through
their. professional certification tents. Yssrringtoxs. stated he was
concerned that the advertisement did not require knowledge of
laws regarding handicap access, etc.
Williams stated that the Council does not involve it elf with
personnel matters. Also, the policy of the.city -is.to use J'ob
Service to receive the applications. and., screen' them. as well.
Council doe' not want to change the procedure.
Williams added that the job requirements in' knowledge of ADA
regulations. End of discussion.
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 3
B-w2 .
Information Item 6 to B-S - Vince O'Reilly to speak
regarding the Governor's Economic Summit,
Vince O'Reilly reported on the Governor's Economic Summit and
referred to information placed in the packet at Information item
No. 6. O'Reilly thanked the Council for sending him. The
conference was very intense and enlightening. O'Reilly stated
there was no pre -determined result. There were 120 attendees.
O'Reilly suggested that the City Council have available a plan of
action and answers for State proposed remedies as they are
presented. Also, the City should be cooperative with the State,
but to not compromise. And, very importantly, keep a close eye.,
on Juneau this year through lobbyists, council lobbying,
administration lobbying, etc. Monfor agreed and suggested that
the citizens of Kenai need to be educated of what will be coming
up in regard to the filtering down of responsibilities of the
cities to generate funding.
Williams suggested a four -tier situation: (1) meet with O'Reilly
again regarding setting up a small information summit to educate
the population; (2) have the economic summit; (3) Williams send
letters to the legislators regarding the AML memorandum
discussing the Governor's Capital Budget, Municipal Assistance,
and Revenue Sharing; and, (4) direct Administration to prepare.an
ordinance for possible introduction and passage to automatically
trigger a mill rate increase to cover any loss of funds from
Municipal Assistance and Revenue Sharing. Williams requested
Council to direct Administration to do the ordinance.
MOTIONS
Councilman Smalley MOVED for Administration to prepare an
ordinance as stated by Mayor Williams.
Brown stated that the ordinance would have to be advisory in
nature because the Code states that the mill rate is set each
year by Council. Williams stated that he wants it in place.so
that when Council raises the mill rate, the citizens will know it
is because of loss of revenue sources.
Monfor stated that more than that should be done. Monfor stated
the City needs to be pro -active. If the voice of the public is
heard, maybe the legislators will listen. Monfor suggested a
plan of attack be set by Council.. The citizens need to be
involved. Specific information of how the citizens of the city
will be affected needs to be prepared and.disstributed.
Smalley agreed and stated that the resolution would be one of
many steps. Smalley added that the economic summit is a good
idea as well.
Ordinance po. 1323-92 - Increasing Estimated Revenues
and Appropriations by $20,000 in the General Fund for
Attorney Fees Related to the Inlet Woods Litigation.
Prior to introduction, Attorney Graves reported to Council that
shortly before closing today, a FAX was received from Attorney
Maggert regrarding the Inlet Woods litigation. Graves stated that
the judged ruled in favor of the City at summary judgment, i.e.,
the City won.. Graves and Brown have estimated damages to the.
City to be approximately $1.3 million, including interest and
attorney fees. Graves stated that it is expected that McLane'ss
.will appeal.
MOTION:
Councilman McComsey MOVED for adoption of ordinance No. 1523-•92
and Councilman Smalley SECONDED the motion. There were no
Council or public comments.
VOTat
Bookey: Yes Swarner: Yes Monfort Yes
Measles: Yes McComsey: Absent Smalley: Yes
Williams: Yes
NOTION NABBED =MIMOUBLY.
C-2. Resolution No. 92-70 - Transferring $7,500 in the
General Fund for Legislative Expenses.
MOTIONS
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 5
Williams stated that the Council had not budgeted for expenses to
be incurred for winning the All -America City award.
VOTE:
There were no objections. SO ORDERED.
C-3. Resolution No. 92-80 - Honoring City Manager Wm. J.
Brighton.
Mayor Williams read the resolution into the record.
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 92-80 and
requested UNANIMOUS CONSENT. Councilwoman Monfor SECONDED the
motion. There were no objections. 8o ORDERED.
C-4. Resolution No. 92-81 - Supporting Proposed Rule Part
VIII, EPA 40 CPR, Part 230, "Exception From Wetlands
Mitigation Sequence for Alaska," Commonly Called the
011% Alaska Rule."
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 92-81 and
Councilman Measles SECONDED the motion. There were no
objections. 80 ORDERED,
C-5, Sennett Abatement - Lot IS# Slook 14, Ahletrom
Subdivision - Confirmation or Rejection of Abatement
Charges as Being Necessary and Proper.
MOTION:
Councilwoman Swarner MOVED for approval to confirm the charges
as being necessary and proper for the abatement of the building,
at Lot 181 Block 14, Ahlstrom Subdivision. Councilman Smalley
SECONDED the motion. Councilman Bookey stated he would abstain..
from voting due to a conflict of interest.
KENAI CITY COUNCIL MEETING -MINUTES
DECEMBER 16, 199,a.
PAGE � 6
VOTES
Bookey Abstain Switroors Yes. Monfor: Yes
Measles:., Yes'' Mccomsey: Absent Smalley:. -Yes.
Williams: yes
NOTION VABSED 1JURNIKOVSLY.
a -G o 1993 Liquor License Renowal Peninsula Moose Lodge
#1942 - Club.
Approved,by Consent Agenda. j
qu C7.
1993 Li or'License Renewal - One Stop -Package Store. !
Approved by Consent Agenda.
1�M D: =TIM BARQ a
D-i. Council on. Aging. ,.
Swarner reported the minutes of the last meeting were included in
the packet. There were no questions.
D-2. Airport Commission
Measles reported there was no meeting.
Harbor Commission
Kornelis stated there was no meeting.
D-e. Library Commission
Monfor reported that there was a,correction to the report
included.in the packet. "pro were 70$" ch4ok-►outer and renewals,.
11.081 regular check -ins, and a door count of '476 during November..
Monfor remanded everyone of : the Library Open', House . scheduled , for
December 22, 1992.
WaS larks 6 Re6ze4tion tommissssrioa :
McGillivray . reported that a ;meeting was; held last . night, The
minute: will be in the next packetw
i
. RENAI CITY COUNCIL MEETING MINpTEB
DECBNIHSR 16, 1992
PAGE 7
D-6o planning i Saning Cohesion
Smalley reported that - the agenda was included in the, .packet..
Smalley stated there were four members in attendance. They could
not vote On two items. Those items have been postponed until
their next meeting.
Carl Glick, Vice Chair of the P&Z Commission was-present-and.,
as present and
reported that the sign ordinance was discussed. Glick stated it.
looks like action will be denial of the sign enlargement,request.
D-7. Miscellaneous Commissions and Comittees
All-AaOriOa City - Monfor presented the official All -America City
Award to Mayor Williams.
Kenai visitors & Cultural Center - Monfor reported that there
` have been 503 people through the counter in December, and 150
mail inquiries. Year to date there have been 46,684 persons,.
through the counter, 4,059 mail inquiries, and.658 student
visitors.
Beautification Committee - Swarner stated they are.having a
problem getting quorums for meetings. The Committee is working
on the "Year of Beauty" theme for this summer.
Townsite Historic Task Force - Smalley stated that the Task Force
will not meet again until January 7, 1993.
National Civic League -
MOTION$
Councilwoman Monfor MOVED to pay the National -Civic League
membership fee for 1903 and Councilman Smalley BECONDED the
motion. There were no objections. BO ORDERSD.
sister -City - Williams referred to a letter included.in the
packet regarding grants .that may come available,.fobhigh,school
student exchanges to Okha. Councilman.Smalley,stated he would..
pursue the issue at school.
BREAKS 8:23 p.m.
BACK TO ORDERS 8:36 p.m.
s
I r c : 1 J : _
bills to be Raid, Sills to be' Ratified .
1tOTIQN s
Councilman Smalley MOVED to pay the bills and Councilman Measles
BECONDOD the motion. There were no objections. So ORDERED.
Rya. purchase Orders Exaseding $1#000
NOTIONS -
Councilman Measles MOVED for approval .of the purchase orders
exceeding $1,000,and requested WWXXOVS, CON88WT There were no
objections4 80 ORDERED. .
g-3. Ordinaikes No. 1524-92 -increasing Estimated Revenues
and Appropriations by ,$421 in the -Senior .Citizens..
barough Special Revenue Fund.
Approved bY Conse t -Agenda.
8-04*' OtAiasace No, i52s-92 - Increasing Estimated Revenges
and •Appropriationis by $4.4T,154' in. Two. New Capital:
Project yunds 'for Airport Equipment.
Approved by Consent. Agenda.
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 9
N-S. Assignments - Councilmembers as Commission
Representatives.
The following Council representative assignments were made:
Airport Commission - Measles Library Commission.- Monfo3r`
Parks & Recreation - McComsey Planning & Zoning - Smalley
Beautification - Swarner Council on Aging - swarner
Townsite Historic - Bookey Bed Tax - Bookey
Harbor Commission - Bookey Bicentennial Board - Monfor
Williams stated he will attend the EDD and Peninsula Caucus
meetings and any necessary appearances before the Kenai Peninsula
Assembly. Williams requested Council to find interested citizens
to be involved in commissions and committees. Contact the Clerk
for applications.
N-6. Approval - Assignment of Lease/Lot 3, Block 4, General
Aviation Apron - Erik Barnes d/b/a Barnes Enterprises
to James F. Adolf.
MOTIONt
Councilman Measles MOVED for approval of the Assignment of Lease,
Lot 31 Block 4, General Aviation Apron from Erik Barnes, d/b/a'
Barnes Enterprises to James F. Adolf. Councilwoman Swarner
SECONDED the motion.
Smalley asked Attorney Graves if it would be a conflict to vote -
on the matter if in the past he worked for the man and received a
pay check from him. Graves stated no.
VOTES
There were no objections to the motions. 00 ORDERED.
N-7. sot ftblio Hoaring - Final Assessment Roli/Set Net
Drive and Set Net Court.
MOTION$
Councilman Measles MOVED to set the date for public hearing on
the final assessment roll of Set Net Drive and Set Net Court for
the regular Council Meeting at City Hall of January 20, 19923.
Councilman Smalley SECONDED the motion. There were no
objections. 60 ORDERED.
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KENAI CITY COUNCIL MEETING MIIMTES
DECEMBER 16, 1992
PAGE 10
x-e• Disauesioa
Reduction in Rent Requests
a"8(a)• Orca Gifts - Airport Terminal
included fitht request by Dana Wackler, owner o
f Orca beginning of hthepmeetin Also, distributed to Council Gatts was
approval. 0 Lion A-- g ere copies of two options for c� cil
p 1 allowed the gift shop to be closed from.
January 1 through April 30, 1993 and charged a
of $50.00. The rent for May 1 through December monthly lease rate
remain at $500.00 per month. 31, 1993 would
Option A-2 would allow the gift shop to be closed
through April 30, 1993 with a monthly lease rate from January 1
month for those four months. _ to of $50.00 per
lease rate from May i through December 31woigd also reduce the
January 1, 1994, the lease rate would revert tc to $300.Op.
month, subject to renegotiation of theparties,On
$500.00 per
MOTION:
Councilwoman Swarner MOVED for a
pprova
Councilman Measles BLCONDRD the motion• of Option A-1 and
Ms- Wackler was in attendance and spoke to Council.
stated that she was in attendance at the Mondaywork
Wackier
which time the requested reduction was discussed.
session at
she is unaware of what will ha ed• Wackler stated
that sales have diminished each next year. Wackler stated
Wackler stated that she thought maybesae Qar�Been in business.
would help. Wackler added that she is trying to sell
of rent
business and both buyers are also concerned a sell the
amount. Wackler stated she has received a down
the rent
sale. payment on the
Williams stated he has a
and a food and beverage bosinag8ph Aar
Problem between the gifts
gift shop would be in competition withelocal nt reduction rate for the,
Williams stated he will su 1 businesses.
that he is aware there will betsome hardship,
Williams added .:
see the business operate. hip• but would like to
KENAI CITY COUNCIL MEETING MINUTES
DECE14BER 16, 1992.
PAGE 11
VOTES
Bookey: Yes Swarner: Yes Monfor: No
Measles: Yes McComsey: Absent Smalley: No
Williams: Yes •
LOTION PASSED.
N-s(b). Louis's and Torrioes, Inc. - Airport Lounge
The request from Louie Schilling, lessee of the airport bar was
included in the packet. In addition, a draft copy of B-1
amendment to his lease was distributed to Council at the
beginning of the meeting. The amendment would reduce the lease
rate for the airport lounge to $1,750, beginning January 1, 1993
and terminate upon the expiration of the lease on December 1,
1994.
NOTIONS
Councilman Smalley MOVED for approval of Option B-1 and
Councilwoman Swarner SECONDED the motion.
There was no discussion.
VOTE:
Bookey: Yes Swarner: Yes Monfor: Ye10
Measles: Yes McComsey: Absent Smalley: Yes
Williams: Yes
MOTION PASSED tMANIMOUSLY.
8-9• Discussion - Landscape Review Board ordinance
Planning & Zoning Commission Vice Chair Glick stated to Council...
that this discussion had come before the Commission several weeks
ago. Glick reported that the general consensus of the Commission,:-,
was that there is no need for a full-blown Landscape Review Board
and that the duties could be forwarded to the Planning & Zoning'
Commission. Also, the Planning & Zoning Commission are receptive
of the responsibilities.
9
KENAI CITY COUNCIL, MEETING MINUTES
DECEMBER 16, 1992
PAGE 12
NOTZONI
Councilman Smalley MOVED that the Planning assume the responsibilities of the Landscape Review Commission
Councilwoman Monfor SECONDED the motion. Hoard.
Smalley and Williams stated their support stated that she definitely wants the previewf the motion. Monfor
responsibilities to continue and recommends blacd
responsibilities with the planning & Zoning ommiss the
VoTB: ion.
There were no objections to the motion. So O
RDD
Measles requested that the ordinance make it clear that the
responsibilities rest with planning & Zonin
Administration would clean up the wordingn Graves stated that
responsibilities with Planning & Zoning. and place the.
u-1o. Dieaussion -
Hed Tax Task Force Recommends*,.
on
Council reviewed the memorandum include s.
Acting City Manager/Finance Director d in the own packet from
recommendations made by the Task Force and his which
mment
Assembl s'
Ymentber Betty .Glick was in attendance and reported Task Forcees discussion. p d on the
Force. Glick is also the chair Of.the Task
Glick -stated the Task Force, decided that a
SOW of revenue is needed and that the wan n additional
that benefit from tourism to be involved and t all businesses
share. pay their , fair .
Glick stated they discussed an incre Percent) which would be incorporateease of sales tax (2/10 of one
tax now in effect; an increase in tourism tax
the (to Include R sales
parks, restaurants, grocery stores (to include RV
businesse® making money from the touristsshoas, eta.-*toother,
now. The Task Force found that much of the earths bed texas it
returning businerss�gen and they made no re ings . are from
the tax. They .agree that they need epm presentation tQ repeal
be included in having to pay it. a tax, but others need to
Smalley asked if there was repre
other tourism. entities that may come ands 8entation on the Task Force from
tax. Glick answered yes, Councilman.Hooke the potential:tourism
y• Glick added that
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 13
there was representation from hotel/motel people, restaurant and
bars, guiding service, and RV parks. There was no representation
from car rental agencies. Ron Rainey was the representative from
the guiding services and he made the motion of prioritization.
Williams stated that the biggest problem is having people -in the
City administration to collect the tax. Another person would
have to be hired to administer the tax.
Monfor stated she really liked what Glick said about the tax
needing to be equitable for all. Monfor added that this needed
to be pursued. Monfor added that the bed tax is for more than
funding the Cultural Center.
Williams asked Council if they wanted to change the present
course of action. Measles stated he personally would not want to
at this time. Measles stated he agreed with Monfor that they
need to continue to review the issue. The ordinance can be
modified when a better solution is found.
Smalley stated he agreed with most of the discussion. Smalley
added that he would like to make the discussion a priority item
for January. Smalley added that equity will be brought about
through more discussion. Smalley stated he felt this Task Force
did an outstanding job and they need to continue to work with the
Council.
Bookey stated that another revenue source needs to be found.
Bookey added that he agrees that they need to review the issue.
Bookey stated that he feels he should and anyone else involved
should help to pay for the Cultural Center. Bookey stated he
would like to put the bed tax at 2.5 or 3% for six months.
Swarner stated that the businesses are collecting the tax from
their customers. The business itself is not paying the tax.
Bookey stated he agrees to a point, however it is still figured...
through the business. The customer will pay only so much.
Williams stated that Council will be starting to work on the
budget in the near future. This can be discussed at that time..
Monfor suggested that the bed tax could be set at 3% in the
winter and 5% in the summer or perhaps a flat rate.
Williams reminded Council that to change the rate it will take..
two months. The ordinance that was passed becomes effective.
. KBNAI CITY COONCIL MBETING MINUTES
DECEMBER 16l 1992
PAGE 14
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January 10 1993. Smalley asked if an ordinance can be fast
tracked. Brown explained that an ordinance can be introduced at
a regular meeting and then have a special meeting in which to.
pass it. However, it still takes thirty days to become
effective. Only two weeks would be saved.
Smalley stated that he hopes the Council will work diligently to
discuss and make changes in order that equity will be found so
that everyone reaping benefits from the facility will pay for the
facility.
Monfor stated that the bed tax would benefit more than the
Cultural Center. The City of Kenai is promoting tourism which
benefits more than the Cultural Center. Monfor stated she is
personally not looking at the Cultural Center to receive the
funds to be reaped from the bed tax. Monfor added that they are
trying to bring tourism to the community and offset costs the
citizens have to pay for the services they receive. The Cultural.
Center is not the reason for this tax. The Cultural Center is an
offshoot from the Bicentennial celebration.
Williams stated that if the Borough adds a one percent increase
to sales tax, that will be above what the City might add.
There were no modifications to the bed tax ordinance.
Monfor asked Glick if she would be willing to continue on the
Task Force. Glick stated yes, if the City would like her.to.
Glick added is a great supporter of the tourism industry.
3-11. Discussion - Court Facility Project.
Moved to after Administrative Reports.
XT„= 1.1 ADNINISTRATIO RRPQRTB
I-1. Mayor
Williams reported:
(a) National League of Cities Conference
memorandum included in the packet.
(b) Airline Firefighting school - stated
Henri and he has assured Williams that he will
MAPTS to find a way to finance the addition of
etc.
- referred to his
he spoke with Jog
get to work with
the classrooms,
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 161 1992
PAGE 15
(c) Check -writing Center - memorandum in the packet.
(d) EDD - Williams will attend meetings until a new city
manager is hired.
(a) City Manager search - Brown distributed a memorandum
which discussed costs for advertisements, a job description and.
area description. Brown stated that the advertisements, running,
some more than others, will cost approximately $2,500. Brown
will bring firm quotes to the January 6, 1993 meeting. Brown
stated that the tentative schedule discussed by Council at the
12/14/92 work session is:
February 20, 1993 - work session to discuss job
description, goals, direction of the City, etc.
March 15, 1993 - final date to receive applications.
March 16-April 9, 1993 - Council reviews all resumes,
reference checks, evaluations, and selection of three to seven
for interviews.
April 12-30, 1993 - interview finalists.
May 1, 1993 - final selection.
Williams stated he spoke with Bob Rubadeau to work with the
Council during the work session on February 20 for setting goals
and objectives, etc. of the City. Williams added that the work
session will now be held at City Hall. Lunch will be brought in.
Brown stated the advertisement and descriptions were the same
except he changed the salary information and the population as
Council had requested. Brown stated if Council was happy with.
the information as presented tonight, he will begin distribution
tomorrow.
MOTIONi
Councilwoman Swarner MOVED to direct Administration to proceed.
along the lines presented in the memorandum distributed this
evening and Councilman Smalley SECONDED the motion. There were
no objections. 00 ORDERED.
(f) National League of Cities - Williams discussed the.
parental leave program which was discussed at the conference.
Williams stated he would like Council to direct Administration to
do a cost analysis as it would apply to the City of Kenai.
Smalley stated that this is a big step industry has been taking.
Some offer child care centers at work. Smalley stated he does
not have a problem in looking at the potential costs. However,
KENBI CITY COUNCIL M88TING MIN[1T8B
DECBMBBR 160, 1992
PAGE 16
before implementing something like thiso.smalley feels it needs
to be aeriously.reviewed. Williams stated.it would be a. benefit
for the employees.
Measles stated he did not think it is something the City needs to
.look at this time. Administration does not heed to waste tine . ox►
it. There already is sick leave and vacation leave policies now
in effect.
MOTIONS
Councilman Smalley MOVED for administration to review,and make a
report to Council on the potential expenses which the City might
incur. MOTION nim 80R zacz Or BECOND.
(g) PTI - Williams passed the gavel to Measles. Williams
discussed the 12/9/92 letter from Architect Kluge which included
cost estimates and site plans regarding the proposed PTI ,facility
which was distributed to Council at the beginning of the meeting.
Williams first referred Council to Part III which discusses the
investment of the facility by PTI. This estimated amount is
$3,144,855. Williams stated this facility would include the
warehouse area, office area, all of the paving, the wire yard,
the heated storage area, the facility that all the material is
in. On the beautification side, the perimeter has been
maintained to -include trees -and things of -that -nature.- Williams
stated he wanted that figure to see what kind of investment the
company is going to make.
Williams referred to Part I which includes the .incremental
improvements to the area if the City decides to'be.involved in
the development of the project. Williams stated..that the
incremental improvements include road improvements for Baron Park
Lane and HEA Access from Airport Way to Marathon Road.
Williams .stated .if it is decided that: it. will° be beneficial to,
have water and sewer along this area and . loop back.. in and. if it
is installed prior to paving, the estimated cost of the water.,
'loop will be $89,775, the sewer line $77,489, and the new paved..
road work on Baron Lane would be $314,6.63,
Williams stated that the City may decide..that water and sewer
will not be put along that area, and only pave lt. Access, will.
still be available to all the Iproperty with, existing water and,
sewer. Williams added that this would not be a bad idea if the
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 17
property is subdivided. The only reason to have water and sewer,
along Baron Park Lane would be if the properties there would be.,-:,..
subdivided in order to allow access in that area.
Williams stated that if the water and sewer portion of the
project is not done, then the paving of the road is only
$314,663, plus $18,900 for the paving of the HEA Access Road,
which accesses more than the HEA property.
Williams stated that the total estimated construction costs for
the City would be $640,900, less whatever the costs are
associated with the water and sewer lines, if they are not built.
Williams.referred to the Part II section. Williams stated that
an appraisal was received for the proposed PTI property which set
the value at $120,000. The site preparation for that property is
$274,700. Williams stated that is why, when he spoke to Council
previously about this proposed property, he was looking for an
inducement to PTI to do this project. Williams stated that it.
will cost more than twice the value of the property to prepare it
for construction.
Williams stated he needed Council direction as to what inducement
the City should offer PTI. Williams added that PTI has a copy of
Kluge's letter and plans with the estimated costs. Williams
stated he has spoke with PTI and they are all trying to come to
some conclusion of how this project can be successfully
completed. Williams asked what the Council would like to do with
Part I and Part II. In referring to Part II, Williams asked if
Council wants to tell PTI that the whole cost of $274,000 is
theirs, the City is willing to buy the property for them, or does
he have that much latitude.
Monfor stated that they have heard this information from
Williams, but have not heard anything from PTI and what they are
willing to do. Williams stated that PTI is willing to bring A,!
facility into the City worth $3,144,000. Monfor asked how much.
is PTI spending and will they build the facility. Williams
answered the facility would be built by a local contractor and
that PTI will finance the building of the facility on their own,
either through their own corporate monies or borrowed monies.
The estimated cost is $3,144,855 and has nothing to do with the
finances of the City of Kenai.
Monfor suggested that PTI come to the Council and state that they
are really interested. Monfor added that it be someone other
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE.18
than Williams. Monfor added that PTI put their mouth where the
City's money might be. Williams stated that he wants to go. to.
PTI's corporate headquarters and wants to be able to state the
Council is interested in helping in some manner. Williams.added
that he would like PTI and he to be able to put together a
package to bring back to the council. Monfor asked if this.
information has been presented to their Board of Directors.
Williams stated he did not know. Williams stated he is aware
that it is before their Facilities Manager in Anchorage and also
that the local director is aware of the estimated costs.
Williams, the local director, and Kluge met to put together the
costs.
Williams stated that is why he is trying to move to the next
step. Williams added that all along he has been moving this
project a step at a time. Williams suggested as a "for
instance," if everything works out, is the Council willing to
develop the roadway system (Baron Park Lane), with or without
sewer. Williams stated he believes the City can use airport
monies for that portion of the project. Williams asked Brown if
that was correct.
Brown stated he was not sure that will be possible. Brown stated
that the policy has been that airport monies have to be used for
the benefit of the airport maintenance and operation. Brown.
stated that the City has stretched that to say that if water,
sewer and roads are run into the airport properties and it.opens._..
up new land available for lease or sale, that those lands when
they are leased or sold, will generate revenue and the airport.: -
would get its money back. In effect, it is airport use.
Brown continued that one would always have to ask the question,,.;..
"is the expenditure going to benefit the airport?" Browri.stated
that it is possible that a person could argue that spending
$640,000, and then if all the land Williams is talking about is
sold, the estimated value of the land would then be approximately,.
$258,000. Brown added that it is hard for him to see how`,
spending $640,000 of airport money and at a maximum return of
$258,000 benefits the airport. Especially, when the City just.
spent $758,000 using the same arguments to pave Marathon Road,..
which has also opened up the very same lots. In other words'.,. the ..
same argument is being used to lay roads on both sides of the
lot. Brown stated he is not convinced.
Williams stated that it depends on how the property is
subdivided. Williams added that once again, when monies of this....,
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 161 1992
PAGE 19
magnitude are invested (for water, sewer, and paving), comparing
it in value'to lands. that can be received, the property has beeRn
appraised at. value of.$120,000. .Williams stated the City would
never get its money. Williams added that it will cost $275,.000
to get.a..$120,000 piece of land ready for construction. Williams
added that the City spent $800,..000 in that area and gave the land.
away`(HEA building), because the City was looking at a.$3 to $8'
million..longterm development.
Williams stated that he is looking for long-term development. By
bringing in PTI, there will be a concentration of PTI, HEAP
Carr's, etc. People will come to Kenai to pay their bills,
access: the airport, etc. Williams suggested the gas company be
encouraged to move into the city after PTI development has been
completed.
Williams stated that the price would come down if water and sewer
was not: placed. Williams added that after speaking with Brown
this afternoon, he in not convinced that water and sewer is
necessary there. Williams added that paving the road for access
would be plenty.
Williams again stated that he will be going to PTI's corporate.
office and will be asking them to put their thoughts in writing
and needs direction from Council as to what the City is willing
to do.and then ask PTI what they are willing to do.
Measles suggested for this discussion or for Williams' next
discussion with-PTI, either at their- corporate office or
wherever., that the Council is willing to consider, (extra
emphasis) fronting the cost for the road improvements, water: and
sewer, if necessary, and that the City would lease them (PTI) the
land at the standard city lease rate for 50 or 99 years (however
long they watt it) ..The site preparation and building.is PTV s
cost. Measles added that this.is an initial offer and that i,f -,
they do not. like it, :they can counter offer. . Measles stated. that
is as far as he wants to go at this time.: Measles stated'.again
that the Council is willing to considor (extra emphasis) this
offer, not that it is.a done deal.
Smalley added that the Council would like to see some written
commitment from PTI as to their intentions. This will help
clarify the . City l s commitment.
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 20
I-2 .
No report.
City Manager
1-3. Attorney
a. Open Meetings lot - Graves reported that there was a
lot of interest in filing amicus briefs regarding the Fairbanks
Open Meetings litigation. The supreme Court has appointed Kenai
and the AML.to represent all the municipalities. The brief is
due December 24, 1992.
b. SEA regulations - Graves referred to the November 11,
1992 letter from HEA General Manager regarding proposed changes,
to their Rules and Regulations. one change will allow for
municipality reimbursement of costs involved in relocating HEA
facilities from municipal rights -of -way. Another change will
mandate municipalities to pay HEA for any disturbances of HEA's
facilities by a third party acting with permission of the
municipality. Graves has met with the City of Soldotna and the
Borough Attorney. They agree this change is outrageous. Graves
requested permission from Council to intervene and oppose these
changes. The Borough Attorney has requested to intervene and
oppose as well. The City of Soldotna will not intervene, but
will enter a strong opposition. Graves stated that he
understands HEA wants to modify the changes, but Graves still
wants to oppose. Graves added that comments need to be made by
December 22, 1992. Council stated their agreement and stated
their permission.
City Clerk
a. Christmas Party - Freas reminded Council of the
Employee Christmas party on Saturday, December 19, 19921
beginning at 7:00 p.m.
b. Vessel Tax - Freas referred to Information No. 3, the.
letter Council requested to be written to the Borough Assembly
requesting that action on their Ordinance No. 92-56 be postponed.
until the Tax Task Force appointed by Borough Assembly President
has time to review the item and discuss it. Freas stated she
spoke with the Borough Clerk's office and was told that action
had been postponed.
Freas stated that the Tax Task Force will meet on January 12,
1993 at which time they will review the ordinance. Assembly
• KENAI CITY COUNCIL MEETING MINUTES
DECENIBER 161 1992
PAGE 21
President Glick, present in the audience, stated that they, will
review the ordinance as to how it. will specifically apply to
cities.
Measles requested a copy of the ordinance and the letter of
objection.sent last year to the Borough regarding a similar
ordinance, be included in the next packet as a discussion item
(the January 6, 1993 meeting).
I-s. Finance Director
No report.
I-6, Public Works Director
a. Congregate Rousing Project - Kornelis stated he is
holding the final pay estimate for the project until the punch
list work is completed.
b. Information No, 7 - Kornelis referred to information he
received while attending the Natural Gas Vehicle Conference.
c. Bower Treatment Plant - Kornelis reported that the
engineer says the plant is state-of-the-art. The STP has'the
only scrubber in Alaska. The engineer is designing the same .sort
of facility for Unalaska. The DEC.final approval will take place
next week.
Williams. stated that while attending the National League of,'- . .
Cities, he found that the City may have put in the wrong system
for this area. The engineer is not up-to-date on the types.of
scrubbers available as the type that is in the STP is not
allowable in California. Kornelis stated it is the only scrubbier
in* Alaska and the Code now used requires it. Measles stated that
.iti many cases there are things that engineering firms and
contractors will not and cannot recommend in California which may,
be used in other parts of the United States.
t-70 Airport Manager.
No report.
NOTION
Councilman Smalls MOVHD for to convene i n e
y n a xecutive s0 Sion
of the Council of the City�of Kenai concerning matters the
• KENAI CITY COUNCIL MEETING MINUTES
D&CffiMBER 16v 1992
PAGE 22
immediate knowledge of which will clearly have an adverse , eeftect
upon the finances of the City of Kenai. Smalley reque'ted that
Kornelis, Brown and Graves be in attendance. There were no
objections. 00 ORDERED.
Council was instructed to take Item H-11 from the packet -.to the
executive session.
EXECUTIVE SESSION BEGAN: 10:06 p.m.
BACK TO ORDERS 10:45 p.m.
H-11. Discussion - Court Facility Project.
Councilman Measles reported that Council discussed items
pertaining to the courthouse project during the executive
session.
MOTION:
Councilman Measles MOVED that Administration be directed. -and.
authorized to sign both the draft letters included in the packet
and that Attorney Graves and Acting City Manager/Finance.Director
Brown draft a letter in response to the state's funding request.
Councilman Smalley SECONDED the motion. There were no
objections. SO ORDERED,
ITE J= DIBCOBBtON
J-1, Citizens
Betty Glick - Reported the following:
a. The Borough Assembly enacted their Ordinance No.-92-55
which will place on the October ballot to set term limite'of
assembly members and the Borough mayor. Glick added that the
effective date will be January 1, 1994.
Glick added that a letter will be sent from the Borough
requesting a representative be appointed from the City to be
included on the Tax Task Force. Glick suggested Brown or*-bis
designee. Glick stated they will be discussing all tax
structures in the Borough.
The first meeting of the Tax Task Force is scheduled for
7:00 p.m., January 12, 1993 in the Borough Assembly Chambers.
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KENAI CITY COUNCIL MEETING MINUTES
DECEMBER 16, 1992
PAGE 23
J-z. Council
Monfor - Monfor reported that she was called by several
people who live in the VIP subdivision. Their concern was the
request for approval of a liquor license transfer by the Borough
for a bar in the same vicinity as Opal's and the Vagabond alp»g:.:
Kalifornsky Beach Road. These citizens requested the City write
a letter of objection in regard to this transfer request, even
though the bar is situated outside of the City.
Glick reported that approval of a temporary transfer was
requested to be added to the agenda for the Assembly's last
meeting. Glick stated that the Borough Code does not address
temporary transfers. Glick stated that they received many calls.
The Assembly did not add the transfer to the agenda. However,
they received a lot of information. The permanent transfer has
been submitted to the ABC. The transfer's public hearing will be.
on their January 5 meeting agenda.
MOTIONt
Councilwoman Monfor MOVED to write a letter of objection the
Alcoholic Beverage Control Board regarding this liquor license
transfer. Councilwoman Swarner SECONDED the motion. There were
no objections. 60 ORDBRED.
Swarner - Thanked the Senior Connection for the poinsettias.
There were no other Council comments.
The meeting adjourned at approximately 11:05 p.m.
Minutes transcribed and submitted by:
rAPPROVED 8Y COUNCIL`
100
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