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HomeMy WebLinkAbout1991-01-02 Council Minutesy • AGENDA KENAI CITY COUNCIL - REGULAR REETINQ JAWARY 2, 1991 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, H. QCHEDULED PUHLIC,CO (10 Minutes) C. PM-LIC SEARIN-66 1. Ordinance No. 1407-90 - Increasing Estimated Revenues and Appropriations by $500 in the General Fund as a Result of a Library Grant, 2. Ordinance No. 1408-90 - Increasing Estimated Revenues and Appropriations by $33,100 in the General Fund for the Purchase of Property at the Kenai Senior Citizens Center. 3. Ordinance No. 1409-90 - Amending KKC 20.05.080, Changing the Amount of Public Liability Insurance Coverage Required of Passenger Vehicles -far -Hire. 4. *Approval - 1991 Liquor License Renewal/Eadie's Frontier Club/Beverage Dispensary. 5. *Approval - 1991 Liquor License Renewal/Eadie's Frontier Liquors/Package Store. D. COIC maigNICOMMITTRE RBPORTB 1. Council on Aging 2. Airport Commission -1- w • • 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. *Regular Meeting of December 19, 1990. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1410-91 - Increasing Estimated Revenues and Appropriations by $212,655 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. 4. *Ordinance No. 1411-91 - Amending KMC 22.05.045(a)(2) entitled, "Terms for Financing Sale of City Lands." 5. *Ordinance No. 141E-91 - Increasing Estimated Revenues and Appropriations by $426,250 in a New Capital Project Fund Entitled, "Trading Bay and Granite Point Improvements." 6. *Games of Chance and Contests of Skill Vomit Application - Kenai Elks Lodge 02425. 7. *0=68 of Chance and Contests of Skill Permit Application - Kenai Peninsula Central Labor Council. S. *Games of Chance and Contests of Skill Vomit Application - Our Lady of the Angels Church. ' � _L .�. _ate _ � �_ • s 1. Mayor 2. City Manager 3. Attorney -2- r� u 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager �. a=reoserox 1.. Citizens 2. Council !t. AMMUII[811T N � � • 10ENAI CIVY COUNCIL MEETING JUMARY 8, 1991 MAYOR JOHN J. WZLLIAMB, RESIDING Mayor Williams called the meeting to order at approximately 7:09 p.m. in the Council Chambers in the Kenai City Hall Building. � Alt :, • _1 _._ � i ,. ,. _1 Mayor Williams led those assembled in the Pledge of Allegiance. A-Z . RO�ChLL Roll was taken by the City Clerk. Present were: Smalley, Monfor, Swarner, Williams, Walker and Measles. Absent was Councilman McComsey, A-8. AOENDA APBROVAL Mayor Williams requested the following changes to the agenda: ADDS 2-1, Mr. Dennis Carlson/Flag Sponsorship/Boy Scouts. C-4 and So 1991 Liquor License Reneval/Eadies Frontier ClUb/Eadiee Frontier Liquor - Letter of KPB non - objection. 1-1, Councilman McComsey - Letter explanation of absence. =-1, Printing Costs/City Brochure - Cost estimate. t-1, Board of Direotors/Commonwealth North =-lo Board of Direotors/Resource Development Council for Alaska, Ino. I-6, public Works Director Report - FHA Grants/Loans. Latest Budget Update from Finance Department, MOTION= Councilman Smalley MOVED for approval of the amended agenda and requested D1►1ANIM008 CONBuT. Councilwoman Swarner BECONDED the motion. There were no objections. 80 ORDERED. 0 IMMI CITY January 2, Vag* 2 A -a. XOTtONS COUNCIL NESTING MINOTEB 1991 - . _ _-.._.TY_ Councilwoman Swarner MOVED for approval of the Consent Agenda With a correction to the Minutes of December 19, 1990 as follows: Page 3, second paragraph, name correction - Lorrie Carter. Councilman Smalley BRCONDED the motion. There were no objections. 80 ORDERED. PUBLie Coin 8"1• Dennis Carleoa\Flag Sponsorship\Boy Scouts Mr. Carlson stated that the local Boy Scouts place America» f along Willow Street and the Spur Highway on the light lags es commemorating holidays throughout the year (approximately 14 times. Last year, Council sponsored ten flags at $30 per fla . Mr. Carlson requested that Council again sponsor flags. g MOTIONS Councilman Smalley MOVRD that the City again sponsor ten flags at $30.00 per flag. Councilwoman Monfor BECONDBD the motion. There were no objections. 80 ORDULPD • Mayor Williams informed Mr. Carlson that he had a few ideas for Eagle Scout projects. C■-1. Ordinance No. 1407-90 - Increasing Estimated Revenues and Appropriations by $50o in the General Fund as a Result of a Library Grant, MOTION: Councilwoman Monfor MOVRD for adoption of Ordinance 1407-90 and Councilwoman Swarner BBCONDED the motion. There were no public or Council comments. RENAI CITY COIINCIL MEETINQ MINgTES January 2, 2991 Page 3 VOTES Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes MOTION PASSED MNIMOUSLY. C-2• Ordinance No. 1008-90 - Increasing Estimated Revenues and Appropriations by $33,100 in the General Fund for the Purchase of Property at the Kenai Senior Citizens Center. MOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1408-90 and Councilwoman Swarner SECONDED the motion. There was no public comment. Councilman Walker stated that he would like it on the record that he feels that the appraised value of the property is steep for unimproved property. Administrative Assistant Kim Howard reviewed with the Council the comparative prices and properties used in the appraisal. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes MOTION PASSED %MNXX0USLY. C-3. Ordinance No. 1409-90 - Amending KMC 20.05.080, Changing the Amount of Public Liability Insurance Coverage Required of Passenger Vehicles -for -Hire. MOTION= Councilman Walker IXOVED for adoption of Ordinance No. 1409-90 and Councilman Smalley SECONDED the motion. There was no public comment. Councilwoman Monfor stated that there were no representatives from the cab companies in the audience. She also stated that it is upsetting to know that the w U RENAL CITY COUNCIL NESTING NINUT86 January 2, 1991 Page 4 person complaining about the cost of the insurance was not current with his Borough sales tax. Clerk Freas reviewed the license costs with the Council. It was requested that Acting City Attorney Graves determine whether there is a way to hold issuance of the City cab licenses/permits until sales tax is current. VOTE: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes MaComsey: Absent Smalley: Yes NOTION PASSED UNANIMOUSLY. C•4e Approval - 1991 Li Club/Beverage Dispensaryicense Renewal/Eadie's Frontier Approved by Consent Agenda. C•g• Approval - 1991 Liquor License Renewal/ Eadievs Frontier Liquors/Package Store. Approved by Consent Agenda. D: CONMI88TON/MmZT222 RLV D-i. Council on Aging Councilwoman Swarner reported that the Council on Aging continues to meet regarding the Congregate Housing Project. They :net on December 20, 1990 with the architect and reviewed the schematics. The architect is re -working the hallways and room sizes. Plans are being made for lobbying efforts. D-2* Airport Commission No report. D-3. Harbor Commission Councilman Walker stated that there was no meeting since the last Council Meeting. Their next meeting is scheduled for January 7, 1991. Mayor Williams stated that he has written Mr. George Shaw Kwal CITY January 2, Page S COUNCIL MEETING MINUTES 1991 regarding an appointment as a member of the Harbor commission. As yet, the Mayor has had no reply from Mr. Shaw. Mayor Williams requested that if Council or Administration has other suggestions for consideration, please inform him. D-6. Library Commission No report. D-S& Parks & Recreation Commission The next meeting of the Parks & Recreation Commission will be on January 8, 1991. City League basketball teams are forming. At this time there are twelve teams. D-6. Planning & 9oning Commission ;i No report. Next meeting is scheduled for January 9, 1991, D-7. Miscellaneous Commissions and Committees Mayor Williams stated that he understands that there has-been some discussion among the Beautification Committee of whether they should disband. The Committee has completed all the projects which were planned over the years. Councilwoman Swarner suggested that the Beautification Committee be assigned term - ending dates. Clerk Freas stated that this has been done. 2-1. Regular fleeting of December 19, 1990. Approved as corrected with Consent Agenda. None. 0 None. . RENAL CITY COUNCIL McETINQ MINUTES January 2, 1991 Page 6 g-10 Bills to be Paid, U218 to be Ratified Councilman Smalley MOVED to pay the bills. There were no objections. 80 ORDBRDD. Mayor Williams complimented Finance Director Brown on the investments he reviewed in his memorandum which was included in the packet. a-2• PUrchase orders exceeding $10000 MOTION: Councilman Measles MOvW for approval of the Purchase Orders Exceeding $1,000 and Councilman Smalley BSCONDED the motion. Public Works Director Kornelis stated that there was work done on the lift station control breakers. VOTE= There were no objections to the motion. 80 OitDERgD. B-3. ordinance No. 1410-91 - Increasing Estimated Revenues and Appropriations by $2120655 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. Approved by Consent Agenda, 2-4• Ordinance No. i411-91 - Amending KKC 22.05.045(a 2) entitled.. "Terms for Financing Sale of City Lands;'# Approved by Consent Agenda, 8-3, OrdinanceINo. 1412-91 - Increasing Estimated Revenues and Appropriations by $426,250 in a New Capital Project Fund Entitled, "Trading Hay and Granite Point Improvements.11 Approved by Consent Agenda. RmA= CITY COUNCIL January 21 1993LTtNa M=�1UTH8 Page 7 8-6. Games of Chance and Application - Kenai Approved by Consent Agenda, Contests of Skill Pee► It Elks Lodge 02425, 8-7' Q"es of Chance and Contests of ekil Application - Kenai peninsula Central LabortCouncil . Approved by Consent Agenda. M S, dames of Gave and Contests of Skiil pelt Application - our Lady of the AngelsChurch. Approved by Consent Agenda, 12m.r I-i. Mayor a• The letter of explanation from Couaailaan Mcc regarding his absence was discussed, Mayor will °msey Councilman MCComsey has missed the last three ams stated -that this one). Mayor Williams stated that in the meetings (including has reappointed the councilmember. past the Council Acting City Attorney Graves stated that the C does not include a provision ford excused Charter, section 2-7 Graves read, 8ence, Attorney .Seat;on -7, lem erah� L =f the Mayor or any other counciminats l be absent from more than one-half of all the man shall of the Council, regular and special, held within any period of three (3) consecutive calendar months, any shall thereupon cease to hold office. ' he Attorney Graves stated that Mr this time. =f • Mocomsey is not in violation at meeting, he will still been legal for the January 16, 1991 g member of the Council. Mayor Williams stated that he belie�res that have the prerogative to waive absentees b Cohe Council should Provision in the Code or CharterY until. There is emergency or councilmember being onl�itng a waiver for an, no MC�nfor stated that she did not a Y business. Councilwoman gree. Councilwoman Monfor stated . K=Jk3C CITY COUNCIL MEETING MINUTE January 2, 2991 8 Page a that if a councilmember cannot make meetings, the councilmember probably should not be on the Council. Councilwoman Swarner stated that the people elect the councilmembers and would want their elected officials to be at council meetings. Mayor Williams stated that the Charter is thirty years old and should perhaps be amended. Councilman Measles stated that a change in the Charter would require a vote of the people. He does not think that the people will excuse absences. He is not in favor of putting this question to the vote of the people. Councilman Smalley asked how past councilmember's absences were handled in regard to summer school. Mayor Williams stated that special council meetings were scheduled. An example was po8ed. If a councilmember was out of favor with the Council, would it show bias by Council to waive an absence. Councilman Measles stated that either way, whether a councilmember was out of favor, or in good favor with the rest of council, he does not want that responsibility of whether the absence should be excused. The Charter speaks clearly. Councilman Smalley suggested that Attorney Graves investigate what other cities have the ability to excuse council absences in their charters. Councilman Measles stated that perhaps there is a need for special conditions, but as a general he is in favor. He does not want to determine when itriseacceptabletto miss a meeting. Attorney Graves stated that any absence counts as it is written in the Charter now. If Council wants to change this, the Charter Will need amending. Mayor Williams suggested that Council think about the question before the voters regarding authorized excused absences. He requested that Attorney Graves draft something before Spring. Councilman Walker stated that planned vacations can be made to accommodate meetings. He is not willing to change the Charter and does not want to ask. Councilwoman Swarner stated that most of the Council is not in favor of a change in the Charter and does not want Attorney Graves to investigate the possibility. Mayor Williams stated that he would ask Attorney Graves to do it Personally for the Mayor. Councilwoman Swarner objected to that request. Mayor Williams stated her objection was noted. Attorney Graves read Charter, Section 2-7 for Council. Councilman Smalley stated he would have difficulty supporting a • r Ll KENAI CITY COUNCIL MEETING MINUTES January 2, 1991 Page 9 change in the Charter. Councilmember Measles stated that he is concerned if exceptions are made. There is no end to exceptions. If a councilmember cannot make three meetings out of three months, they should not be on the Council. b. Mayor Williams informed Council that he will be in Juneau on January 16, 1991. He will not be attending the Council Meeting on that day. He will be in Juneau with Mayor Gilman to discuss the Helicopter Cold Water Recovery Project, Mayor Williams asked that Vice Mayor Measles preside at the Council Meeting. • c. Mayor Williams presented Council with the book, 'Going Up In Flames." Mayor Williams believes that the book, along with the Board of Directors for Commonwealth North and the Resource Development Council have a correlation to the appointments Governor Hickel is making. d. Mayor Williams reviewed a memorandum from Clerk Freas regarding a cost estimate from Art at Dean's Printing with regard to the City brochure. The cost for 1100o brochures will be $4,600, plus $65.00/hour for changes. Mayor Williams believes that there will not be many changes to the brochure. He is planning an insert be printed which will include water and sewer prices, tax information, etc. Councilwoman Monfor suggested that the insert also inform the reader of changes made since the last printing. Such as the addition to the airport, port expansion, etc. Also, upcoming projects such as the Bicentennial Building, the Fire Training School, etc. Mayor Williams suggested including artist's renderings of projects for which there are no pictures. Mayor Williams will talk with Art again. 1-2• City Manager No report. 1"39 Attorney Attorney Graves stated that he will be out of the office next week on Monday, Thursday and Friday. He will be involved with depositions in the Leigh v. City litigation. I-4 No report. City Clerk • 0 XWAI CITY COUNCIL KRZTINa MINUTBB January Z, 1991 Page l0 I-S. Nuance Director No report. Councilman Walker asked what hank Finance Director Brown deals with in regard to the City's investments. Mr. Brown stated that the Vanguard accounts are separate. He uses the:NBA Investment Department in Anchorage for the rest. Councilman. Walker asked if this work was ever put to bid. Mr. Brown stated no. Mr. Brown added that he met locally with people -from another bank. When they could not answer his questions they stated they would have someone from their Anchorage office contact him. They never did. I-6, Public Forks Director No report. I-7, Airport Manager No report. J-10 Citizens a. City Manage appoint Pat Porter as the Senior Center. I gaming application. NOTIONS t r Brighton stated that Council needs to the primary member in charge of games for is required by the State of Alaska on the Councilman :Smalley Movao to make Pat Porter the primary member in charge of gaming at the Senior Center. Councilwoman Monfor SECONDIND the motion. 80 ORD D. s b. Leo Oberts - Mr. Oberts stated he wanted to inform Council of -his plans to sell 600 feet of prime Kenai River frontage and a 60-foot road access to the Kenai Spur Highway to the State of Alaska to be used as a Public Recreation Site multiple -use project. Mr. Oberts presented to Council a map with an attached explanation. A copy has been included in the Clerk's file. Mr. Oberts would like the City's support because part of the property is inside the City of Kenai. • KENAI CITY COUNCIL MEETING MINUTES January 2, 1991 Page 11 c. Father Targonaky - Thanked Council for allowing the Christmas lights to remain up and burning for the Orthodox holidays. He suggested that they not be left up after the 17th if power costs prohibit it. Father Targonsky also suggested that the Charter be printed in the paper so that the citizenry has the opportunity to read it. Then work sessions could be held for citizens to suggest changes. J-2. Council CounciUmn Walker - No report. CouneflWOman ewarner - Congratulated Mayor Williams for having his picture included in the 12/17/90 Hationts Cities Weekly newspaper. councilwoman Monfor - MOTIONt Councilwoman Monfor MOVED to move Cary Graves to the position of City Attorney for the City of Kenai. Councilman Smalley SECONDED the motion. Councilman Walker stated that he understood that this position is usually advertised. Resumes and interviews are normally entertained before placing someone in that position. Also, that this position is one that is negotiated with the attorney. Mayor Williams asked Councilwoman Monfor if her motion included a fiscal impact on the City under the terms of the motion. There has been no discussion with regard to salary. Does Councilwoman Monfor mean that Mr. Graves be moved to that position at the same salary rate as he has presently. Councilwoman Monfor stated that there is an ordinance in the Code that sets salary guidelines for the City Manager, City Attorney and City Clerk. Councilwoman Monfor added that she feels very strongly that Mr. Graves has proven himself more than once. Secondly, that when Mr. Rogers hired legal assistants, he went for the best. Councilwoman Monfor added that she would not 110 consider hiring an attorney now practicing in the City of Kenai. The previous attorney had conflicts of interest from personal relationships, business relationships, etc. and outside counsel had to be hired on numerous occasions. Mr. Graves has come from • KENAI CITY COUNCIL MEETING MINUTES January 2, 1991 Page 12 another location and does not have those conflicts. She has not discussed this motion with Mr. Graves. Councilwoman Monfor added that she feels that it is time this subject is dealt with as Mr. Graves has been doing the City Attorneyls job since September and it is now January 1991. The salary can be negotiated. If Mr. Graves does not want the position, and if a salary cannot be agreed upon, he can decline the position. Mayor, Williams stated that Council was requesting Administration to prepare the ordinance necessary to move Mr. Graves from Acting City Attorney to City Attorney. The Mayor was corrected as the motion was made. Mayor Williams stated that he was not familiar with the portion of the Code in regard to the salary. Finance Director Brown stated that portion of the Code was repealed several years ago. He explained that there were ranges for the pay of Manager, Attorney and Clerk. Those ranges were exceeded and instead of changing the ranges, the Council repealed the ordinance. Councilwoman Swarner stated that she thought another ordinance was passed that when one of those positions was filled, that employee started at a set wage. Mr. Brown read that portion of the Code to which he had referred. Mayor Williams stated that he was not prepared to discuss salary at this meeting. Councilwoman Monfor agreed and stated that was not part of her motion. Councilman Walker stated that he believes it may be inappropriate to appoint someone to a position which was not negotiated and entered a very strong objection to simply appointing a person to a position such as the City Attorneys position without advertising the position. He knows of no one else he would rather have in the position, but has been contacted by several members of the public asking whether this was going to come before Council and if so, they believed that it should be an advertised position. Councilman Walker stated again that he believes the position should be advertised and objects very strongly to putting someone in the position prior to negotiations. Councilman Measles stated that 41 advertising the position. The someone in-house like the fire positions are not necessarily house that is qualified. he has no problem wit position is similar to chief or police chief. advertised if you have h not promoting Those someone in- • 1MMI CITY January 2, Pages 23 COUNCIL MEETING MINUTES 1991 Councilman Smalley agreed with Councilman Measles. Mr. Graves has proven himself time and time again in his capacity to represent the City. Councilman Smalley questioned what kind of legal problem the City could run into appointing someone and then establishing a salary later. Attorney Graves stated that if an agreement is not reached, he would assume that he would resign from the job. .Attorney Graves stated that he will not be making any exorbitant salary demands. Mayor Williams stated that he had planned an executive session at the last meeting and it was not done because of the absence of two members of the Council. He had no objections to calling an executive session at this meeting and talk with Mr. Graves regarding his desires for salary and Councils concerns and perhaps come to a conclusion at this meeting. lio Councilman Smalley stated that perhaps Mr. Graves was not ready to discuss these items at this time. Mr. Smalley stated he believed Councilwoman Monfor's motion was in order. An executive session could be set for a future meeting to establish a salary at that time. That would give Mr. Graves time to collect his thoughts and present them to the Council to discuss. Mayor Williams stated that he felt that the question may be divided doing it that way. He personally would like to do it all at one time. He would like to discuss this prior to the motion coming to the floor. Councilwoman Monfor stated the motion was on the floor at that time. Councilwoman Monfor stated she would like to change the wording of her motion to: REWORDING OF NOTIONS The Council would like to offer to Mr. Graves the position of City Attorney for the City of Kenai to be voted on tonight and then a date will be set for a work session to discuss salary. Councilman Smalley (who seconded the original motion) stated there was no objection, by the body. VOTE: Williams: Yes Walker: No Swarner: Yes Monfor. Yes Measles: Yes McComsey: Absent Smalley: Yes . KENAI CITY COUNCIL MEETING MINUTES January 2, 1991 Page 14 MOTION PASSED, Mayor Williams stated that he would prefer setting a special meeting to go immediately into executive session for the purpose of discussing salary. That would be the only order of business. Mayor Williams stated that he felt there may be some things that they may want to discuss privately. January 9, 1991 at 6:00 p.m. was set for the special meeting. Councilman Measles stated that he was not sure that a special meeting should be held. Councilman Measles stated that Council offered the job to Cary and Council now needs to decide on a figure to offer as a salary. Mr. Graves then needs to say whether that salary is acceptable or not. At that point, if there is a discrepancy, another meeting could be set and an executive session could be entered into to negotiate if both parties want to negotiate. Councilman Measles stated that he was hesitant to schedule a special meeting for the sole purpose of going into an executive session. WORK SESSION: Set for January 91 1991 at 6:00 p.m. in the Council Chambers. Clerk is to acquire a fruit and vegetable tray. Councilman Measles - No report. Councilman Smalley - Reported that he was in Anchorage during a snow storm. He is very appreciative that he lives in Kenai in regard to snow removal. Councilman Smalley asked Director Kornelis if the State can be urged to do better snow removal into, through, and out of Kenai. Director Kornelis stated that he has been calling the State and complaining. Councilman Smalley stated that the street light at Lawton and Tinker is still burning 24 hours a day. Councilman Smalley stated that he attended the Peace Vigil at the Memorial Park. Some of the participants are going to keep their Christmas lights up and burning until the soldiers come home. councilwoman Swarner - Stated that she will be attending a teleconference on fisheries tax tomorrow. She invited anyone interested to join her. • E 0 XRNAI CITY COUNCIL MEETING MINUTES January 2, ss8i. page l5 Mayor Williams - Informed Director Kornelis that the street light at Willow and Marine is still working properly. Director. Cornelis stated that the light is'on his list which has been forwarded to HEA. MOTiONI Councilwoman Swarner MOVED for adjournment. objections. 80 ORDERED. The meeting adjourned at 8:30 p.m. Minutes transcribed by: AIX Ae--'0-00 Jj Carol L. Freas, City Clerk 1/4/91 There were no At A � •`Y 14� 1 ■