Loading...
HomeMy WebLinkAbout1991-12-04 Council Minutes• A• B• C• • AGENDA RENAL CITY COUNCIL - ]REGULAR • MEETING D$CEMBER 4 o 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• (10 Minutes) 1. Resolution No. 91-76 - Awarding a Contract to Hutchings Chevrolet in the Amount of $34,559.58 for the Purchase of Two 1992 Patrol Cars• 2. *dames of Chance and Contests of skill/Monte Carlo Permit Application - American Legion Post 20. 3. *dames of Chance and Contests of skill Permit Application - Kenai Peninsula Builders Association. 4. *dames of Chance and Contests of skill Permit Application - Loyal Order of Moose/Peninsula Lodge #1942• 5. *Games of Chance and Contests of skill Permit Application - Jerry V. Horn Memorial Post/V•F.W. #100460 6. *Games of Chance and Contests of skill Permit Application - Kenai Lions Club• 7. *1992 Liquor License Renewal - American Legion Post #20. -1- 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees z. 1. *Regular Meeting of November 20, 1991. B. O. QLD BZI8INE88 8, NEW B08INBB8 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Approval - Lease of City Lands/Kenai Arts & Humanities Council. 4. Approval - Kenai Peninsula Caucus 1992 Statement of Legislative Positions. I. ,ADMINIBTR.ATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. NI8CII88ION 1. Citizens (five minutes) 2. Council X. • -2- • It KEMAI CITY COUNCIL REGULAR MEETING DECEMBER 4, 1991 KEMAI CITY COUNCIL CRAMBERB MAYOR JOHN J. WILLIAMB, REBIDZNG Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-Z . Roll was taken by the City Clerk. Present were: Williams, Swarner, Smalley, McComsey, Walker and Monfor. Absent was Measles. A-8. Mayor Williams requested the following changes to the agenda: ADD: B-1 - Louie Schilling has requested to speak to Council 0 at Persons Scheduled to be Heard. D-4, Possible approval of Jerry Hanson to the Library Commission. D-s, Possible approval of Kimberly Swarner as student representative to the Parks & Recreation Commission. D-7 - Appointment of All -American City Committee. R-5 - Approval, Change Order No. 5, Kenai Bicentennial Visitors & Cultural Center. Information Item #9 - Board Member Training session at EDD office on December 5, 1991 at 1:30 p.m. tafo=ation Item #10 - Legislative/Borough Assembly orientation on Tuesday, December 17, 1991 in the Assembly Chambers at 1:00 p.m. taformation Item #11 - Meet with legislative delegation and Assembly on December 5, 1991 in the Assembly Chambers at 1:00 p.m. Mayor Williams stated that he requested many of the items to be hand -carried to the meeting. e RENAI CITY COUNCIL MEETING MINUTES DECEEBER 4, 199i VAGN E 0- MOTION$ Councilman McComsey MOVED for approval of the agenda as amended and Councilman Smalley SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. A-6. There were no changes to the Consent Agenda, MOTION$ Councilman Smalley MOVED for approval and Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. e-s. Louie 80hilling - Airport Mr. Schilling requested to be added to the agenda. Schilling stated he requested a closed session, but was not given it. Schilling stated that he was accused of some things during the last Council Meeting. Schilling added that he was not present at that meeting and the statements made were not fair or true. Schilling stated that he has invested $150,000 in the airport (the restaurant and bar). There is a problem with exposure at the airport for his businesses. He tried to solve that problem by speaking with Randy Ernst, the Airport Manager, each time first and then to City Manager Brighton second. Schilling stated that he personally asked Ernst if he could place the sign which was discussed at the last meeting. The.sign was the menu sign. Schilling stated that selling food in the bar is for the good of the traveler. Schilling added that he asked Ernst to place a sign at the bottom of the steps. Schilling stated that Ernst agreed he could place the sign if it was professionally done. Schilling stated that his bar manager (Sharon) also discussed placing the sign with Ernst. They decided a free-standing sign would not be good. That a professionally done sign would be acceptable. Schilling stated that he spent $200 on the sign and hung it on the wall. Ernst did not come and talk with Schilling. Instead, Ernst sent a certified letter stating that Council directed that KENAI CITY COUNCIL MEETING MINUTES DECEMBER 4, 1991 PAGE 3 the sign be taken down immediately and that he wall he leneeded d be patched and painted. Schilling stated hread decided to address it. Schilling stated t that hedthou thought Ernit would be unfair to the heogeltle ihetown sho should express himself* t. Schilling stated Schilling stated that it has been saidby Councilling thated the he complains a lot and asks for a lot. only has come to Council and requested to hang signs. Sc place went to Ernst regarding a lighted sign andwhere he it. Ernst stated that he would get approval from Brighton and Council. Council approved. Schilling stated that he did not ask for anything in writing. He had a professional photograph taken and it-��th sign madeng f orthe1500- sign After it was hung, statedthetsp ke tofBrighton. The sign was down. Schillingng allowed to be placed again. Schilling stated that he was not given specifics for the size of the sign. Schilling stated his concern regarding the parking situationhe at the south end of the terminal. Parking is convenient parking spots are clo8�ated heto e side door. requestedfromEhere rnstto were no signs there. Schilling Ernst agreed. put signs there designating customer parking. g Schilling stated he was dismayed to find "No Parking, Unloading Zone" signs put there. Schilling stated he had his cook take the signs down. Schilling stated that � ttedst cremovingdthemin signshand restaurant. Schilling stated he ad admitted he was wrong in doing so. The signs were put back. Schilling suggested that the parking places could be for customer and unloading. . Schilling stated that Ernst confronted his wife in the bar regarding the side door in the bar. Schfllinstated statedthat thatthe thedoor sign must be kept open 24 hours a day. upstairs (advertising the Uptown Motee) needed to be �ission to hang thesign Schilling stated he did not ask for p there as he felt it was part of the leased area and did not think he needed permission to hang the sign. Schilling stated the he feels Ernst's behavior is unprofessional. t Schilling stated he received four certified letters from mCouncil last week. There was no discussion. Schilling suggested speak with other persons at the airport who deal with Ernst. • 4 KENAI CITY COUNCIL MEETING MINUTES DECEMBER 4, 1991 PAGE 4 Councilwoman Monfor stated she understood the neon sign for the Upper Deck would be in the window. Schilling stated there is one along the walkway. Smalley stated he appreciated Schilling coming before Council, however there are two ways to interpret the discussions. Brighton stated that it is a matter that, before it goes further, should be discussed by Council in an executive session. Williams asked if Brighton was suggesting an executive session with Council and Ernst or with Ernst and Schilling. Brighton stated that as far as personnel matters are concerned, they should be addressed in executive sessions (by Code). Attorney Graves stated that by Code, employee personnel matters are to be discussed in private. Williams stated that the employee also needs to be present. Graves stated yes. Williams referred to the Personnel Arbitration Board and how it has only met twice in thirty years. Graves stated that the Arbitration Board would not become involved at this time. Williams stated for the record that he referred to the Arbitration Board because it deals with personnel problems. Smalley stated he would prefer both persons in attendance. Williams took an informal count of councilmembers wishing to discuss the matter in executive session at this time. There were only four votes in approval. Graves stated there must be five votes in approval. Schilling stated that it was his request to discuss this matter in executive session to start with. Schilling stated he did not want to be included in an executive session. Brighton stated that Schilling requested to be in an executive session through the Clerk. Clerk Freas was advised by Brighton that Schilling would need a Council sponsor to request an executive session. Brighton suggested that Schilling, Ernst and Brighton meet and discuss the problems. An alternative would be to meet in executive session and direct Brighton how they want it to be resolved. Monfor stated that she felt it is an administrative problem and should be handled first by Administration. If that does not work, then it should be discussed in an executive session. Swarner agreed. Brighton stated he has not met with Schilling and Ernst together. ZZIMI CITY COUNCIL MMSTING MINUTES DBCEMSER 4. 1991 PASS 5 stated that at this time he has no problems with Schilling s airport. He took the signs down and dSahillingat anything Bt tin thhe lounge and continue the service• he will Y and the City. stated it is worth it to the community Ernst rner returned to the discussion regarding the doois rway. fired Swa of the that it is the second means of egress at the top of stated en and it as a fire exit that it staThedooro en* is being propped op door stairs cannolocgshilling stated he understood that the is not acceptable. had to stay locked• o into executive Williams stated that Council may not wish to g session to discuss this matter. Williams asked for as infojourn tot on the matter. There were not asodi votes to address the voteAdministration wa executive session. matter at the earliest possible convenience. .. the menu sign. Smalley returned to the discussion signdinsmalley suggested that • e has removed seed b Schilling stated h food be discussed Y the placing of a menu sign and serving Graves, Schilling and Ernst. Williams stated thatserving Brighton, Gron Council regarding there has been no It is an unofficial understanding food li g isbserving in food in the bar. There are no objections* Schilling McComsey suggested that Administration discuss the a signiat the also. Swarner suggested that a menu be added to isin the Upper Deck. Schilling stated that airport advertising at which will be expensive to do that. November 20,h1991ameeting referred to the inutes Of scussedeand read the portion on Page 40 time the signs w ated that in regard to the minutes and discuss d iio , is Smalley st and Brighton can discuss the sign lace for it Ernst, Schilling an appropriate p tasteful and the sizfound.is CCeptable, to be placed can be Williams adde d that if no conclusion is met, it should then be brought back to Council. 0 • 3C8lU1I CITY COilNCIL MEETING MIDIOTSB DECSMBER 4r 1991 PAGE 6 C-1. Resolution No. 91-76 - Awarding a Contract to Hutchings Chevrolet in the Amount of $34,559.58 for the Purchase of Two 1992 Patrol Cars. MOTION$ Councilman McComsey MOVED for approval of Resolution No. 91-76 and asked for UN WHOUS CONSENT, Councilman Smalley SECONDED the motion. There were no public or Council comments. VOTE$ There were no objections. SO ORDERED. toC-2, dames of Chance and Contests of Skill/Monte Carlo permit Application - American Legion Post 20. Approved by Consent Agenda. C-3. oases of Chance and Contests of Skill Permit Application - Kenai Peninsula Builders Association. Approved by Consent Agenda. C-4e oases of Chance and Contests of Skill Permit Application - Loyal Order of Moose/Peninsula Lodge #19420 Approved by Consent Agenda. C-50 asses of Chance and Contests of skill Permit Application - aerry V. Horn Memorial Post/V.F.W. #10046 0 Approved by Consent Agenda. oases of Chance and Contests of skill Permit Application - Kenai Lions Club. 9 Approved by Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 41 1991 PAGE 7 C-7. 1992 Liquor License Renewal - American Legion Post 020. Approved by Consent Agenda. MOTION: Councilman McComsey 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. Councilman Smalley SECONDED the motion. VOTES Monfor: No Smalley: Yes Swarner: Yes MOTION PASSED. Measles: Absent Williams: Yes McComsey: Yes Walker: Yes Williams stated that the executive session has no bearing on the discussion regarding Mr. Schilling and Mr. Ernst. City Manager Brighton and Finance Director Brown were requested to attend the executive session. EXECUTIVE SESSIONS 8S00 P.M. BACK TO ORDER: 9:45 P.M. Councilman Smalley reported that during the executive session, Council discussed financial matters regarding the current recession and potential future projects in the City. Williams added that they discussed the U.S. recession and how it may affect the City.of Kenai. Williams requested that the work session with Mr. Green (G&S Construction) regarding the Bicentennial building be rescheduled. The work session was scheduled for Monday, December 9, 1991 at 12:00 noon at Pizza Paradisos. Clerk Freas was requested to call Mr. Green, Council and Kluge to confirm. r� • V • XHNAX CITY COUNCIL NESTING MINUTHB DECEMBER 4, 1991 likes a D-1. Council on Aging it was reported that the roof building. Williams reported Housing Task Force will meet Pizza Paradisoso D-2. Airport Commission is on the Congregate Housing that a meeting of the Congregate on December 200 1991 at noon at Airport Manager Ernst stated that the minutes of the last meeting were included in the packet. The next scheduled meeting is December 12, 1991. D-3. Harbor Commission The next scheduled meeting is December 91 1991 at 7:00 p.m. D-s. Library Commission Councilwoman Monfor reported that a meeting was held on December 31 1991. The minutes are not yet available. There is a vacancy on the Commission. The Commission has requested that Mr. Jerry Hanson be appointed to the Commission and Kathy Heus be reappointed as her term expires in January. There were no objections to the appointments. Clerk Freas will send appointment letters. D-5. Parrs i Recreation Commission There was no meeting in November as there was no quorum and the Parks & Recreation Director was ill. The Commission will meet on December 10, 1991. Williams reported that an application for student representative was received and hand -carried to Council. The application is for Kimberly Swarner. There were no objections to the appointment. Clerk Freas will send an appointment letter. D-6. planning ` zoning Commission Councilman Smalley reported that the minutes of the last meeting were included in the packet. Smalley was not in attendance because he was attending a City Council Meeting. • $SNAI CITY D8C81188R 4 j, 8A3a 9 0 COUNCIL MELTING MINUTES 1991 D-79 Miscellaneous Commissions and Committees Williams reported that a list of people interested in serving on the All -American Task Force was distributed to Council at the beginning of the meeting. Williams stated that the Task Force is a three-month situation with lots of work involved. Not all the members live inside the City of Kenai. Williams added that Sue Mauer has expressed to him personally that she is interested in being included on the Task Force. Williams stated that he met with Councilwoman Monfor and Sue Carter to discuss the positions on the Task Force and suggested names. The first meeting of the Task Force will be held at Pizza Paradisos at 7:00 p.m. on January 8, 1992. Walker requested that all paperwork be reviewed by Council before it is forwarded to the All -American City Board for review. Williams stated that there will be a resolution before Council to support the submittal prior to sending the package. All information must be postmarked by April 9. There were no objections to the appointments. send appointment letters. 8-1. Regular Meeting of November 20, 1991. Approved by Consent Agenda. IT None. None. Clerk Freas will • RENAI CITY CODNCIL M88TING MINUTES D8C8R 4v 1991 8A8H 10 ITM 8: NEW_ BUSINESS Sills to be Paid, Hills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman McComsey SECONDED the motion. There were no objections. SO ORDBRBD,, 8-2. Purchase Orders Exceeding $1,000 MOTION: Councilman McComsey MOVED to pay the purchase orders over $1,000 and Councilwoman Swarner SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. Thee were no objections. SO ORDERED. 16 The replacement of the Council chairs in the Chamber was discussed. Consensus was to give a few of the chairs to the Forget -Me -Not Center for their use. 8-3. Approval - Lease of City Lands/Kenai Arts & Humanities Council. MOTION: Councilwoman Monfor MOVED to approve the lease of the Kenai Arts & Humanities Council and Councilwoman Swarner SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT, Administrative Aide Howard stated that this will formalize the lease of the building. Williams asked if there has been any consideration of selling that building and the building next door. Walker stated that if the price was agreeable. Williams stated that he feels the buildings should be sold. Smalley stated that City Manager Brighton could investigate the possibility without jeopardizing the lease before them. Brighton remarked that if the buildings were sold, where would the Arts & Humanities and the preschool go. Williams stated that the City leases the building to the Arts & Humanities group for $10'00 per year and they sublease the building to the preschool and the City does not receive any of that money. The Arts & Humanities group has stated that they do not want to have anything to do with the Bicentennial building. 0 RENAL CITY COUNCIL MEETING MINUTES DECEMBER 4 o 1991 PAGE 11 Brighton stated that at one time a council allowed the Historical Society to use the building, knowing that they would make a profit from subleasing. At one time a Council wanted to raze the buildings. The Historical Society came en manse to the Council in opposition and Council decided not to tear it down. The Administration's recommendation was to raze the buildings due to the amount of improvements the buildings required. Since the Historical Society has leased the building, they have requested help from the City once to correct a sewer problem. The Society has done all the other repairs. At one time the City appropriated $3,000 to pay electrical bills. Finance Director Brown stated that this was not requested this year and was not put in the budget. Williams stated that it has been reported the Society has $30,000 in their bank account. Librarian DeForest stated that the money was profit from the sale of "Once Upon a Kenai.11 Williams believes that the Society should be involved in the Bicentennial building, but that they have publicly stated they will not be involved. DeForest stated that this was not discussed at any Society meeting. VOTE: There were no objections to the two-year lease to the Arts & Humanities Council. SO ORDERED, 9-4, Approval - Kenai Peninsula Caucus 1992 Statement of Legislative Positions. MOTION: Councilman Walker MOVED for approval of the Kenai Peninsula Caucus 1992 Statement of Legislative• Positions document and on adoption subject to amendments. Councilman Smalley SECONDED the motion. MOTION TO AMEND: Councilwoman Monfor MOOED to amend the Statement on Page 91 Item C. No. 2 Soldotna Runway and Taxiway Resurfacing should be placed between #6 and #71 between Seldovia Runway Extension and the Anchor Point Airport Land Acquisition and move everything up from there. Councilman Walker SECONDED the motion. Councilman Smalley requested UNANIMOUB CONSENT. There were no objections. BO ORDERED. J . RBI CITY C001iCIL MEETING MIli0T88 D8Cffi!8ER 1# 1991 sAas sa Councilwoman Monfor stated she felt the water and sewer to Thompson Park should be included. Monfor stated her distress that Kenai is not included. The Thompson Park project should be added under Health Facilities. McComsey questioned if the signaling device at the intersection of Kalifornsky Beach and Bridge Access was included. Williams stated that there are lots of resolutions brought forward, but not all are included in the Statement. Walker noted that the signaling device is included at Page 8, Part VI(b). Williams stated that he has discussed the signaling device again with DOT. DOT has requested that the work be completed in 1992. Monfor requested that the Thompson Park Water & Sewer Project be added at Page 10, "Health Facilities." Smalley requested a correction at Page 7, Item A(2)(b). The word "Expect" should be "except." Monfor questioned the inclusion of the Foreign Trade Zone. Monfor stated that she thought it was a dead issue. Williams stated that they want to be ready for it if it comes up again. Williams stated that he would not be in attendance at the December 16, 1991 meeting of the Kenai Peninsula Caucus. Walker volunteered to attend. It was requested that the paragraph regarding the Thompson Park Water & Sewer Project be stated as follows: 3. Thompson_Pa-r-k-W-a-t-er & Sewer. The Kenai Peninsula Caucus urges the State to appropriate $5.2 million for the City of Kenai for the installation of water and sewer to and through Thompson Park Subdivision. It was suggested that these further amendments be included in the motion to amend. VOTE: There were no objections to the motion with amendments. 80 ORDERED. 8-5. Approval - Change Order No. 5/Kenai Bicentennial Visitors and Cultural Center. This item was added to the agenda at the beginning of the meeting. A memorandum from Public Works Director Kornelis was Kraal CITY ascEteaa 41 81►AE 13 COUNCIL MEETING MINUTES 1991 included with a copy of the change order. The memorandum stated the Bicentennial Committee requested a time. capsule be placed in. the wall of the building with a bronze plaque cover. The change order was for furnishing and installing the time capsule for a cost of $358.00. NOTION e Councilwoman Monfor MOVED for approval of Change Order No. 5 in the amount of $358.00 for the time capsule. The bronze plaque and galvanized box will be donated by Bill Miller. Councilman Smalley SECONDED the motion. There were no objections. 00 ORDERED. IT I: ADMINISTRATION REPORTS -i. Mayo Mayor Williams reported: 1. 12/5/91 Kenai Peninsula Caucus reception at 5-6:30 p.m. at Mykel's in Soldotna. 2. 12/7/91 reception for Mike Navarre at Williams' home. 3. 12/9/91 meeting with Mike Navarre and Thompson Park property owners at the Eagles. 4. 11/27/91 letter from Betty Glick, President of the Borough Assembly inviting Council to an orientation on 12/17/91 (Info #10) . 5. Info #5 regarding bed tax and sales tax. 6. Bond Council met on 12/3/91 in Juneau. Williams was weathered out and, by chance, met with Commissioner Olds in Sitka where their plane was diverted. Representative Navarre met with the Council in Juneau and Williams was present via teleconference. The bonding was approved. Clerk was requested to send a thank you note to the Sitka City Manager for use of the telephone for the teleconference. 7. Spoke with Alaska Airlines and informed them he did not arrive at his destination and was diverted to Sitka. They will refund the ticket to the City. 8. Talked with Leonard Dunham of Grace Drilling. His corporation headquarters decided they want a mull environment assessment of the property where they will be moving their. operation. Their moving will be delayed until Spring, however,. they will be doing some preparatory tagging sothat the move can be done within two weeks in the Spring. • KNO&I CITY D8CEM81R 4# PAGE it �7_ COUNCIL NESTING MINUTES 1991 9. Will be out-of-town for the December 18, 1991 meeting. Requested Vice Mayor Measles to preside at the Council Meeting. 10.' Working with Tesoro to communicate with Okha and have obtained the information to have a direct line to Mr. Cherny. Mr. Cherny has requested that a group of his people, including dancers, visit the Kenai area in January. Mayor Gilman and Williams are writing back and suggesting they come later in the Spring when the building projects in the area will be completed. Williams has spoken with Marathon oil in Lafayette, Louisiana. They will have a representative traveling to Okha and will take the City's letter. I-2. City Manager No report. I-3. Attorney Attorney Graves stated that the RFP for the airport restaurant has been completed. The RFP was streamlined. Graves requested Council comments on three items: 1. The RFP does not include a minimum bid as before. Instead, the.RFP includes a monthly rent. Consensus was to try this at this time. 2. The RFP does not include mandatory hours of operation. This will allow the concessionaire to determine his hours from what the market demands. Consensus was approval. 3. The RFP includes a 90-day cancellation option. Some operators may not want to take a five-year lease. Approved. Graves asked if there were any other comments. If not, does Council wish the RFP to be advertised. Consensus was to commence with the advertising. I-4. No report. city Clark I-5. Finance Director Finance Director Brown referred to Item 1-2 regarding the assessment petition for Set Net Drive. Brown asked whether Council wishes to have the public hearing. Brown added that the City Manager would like Council to consider the inclusion of Set Net Court in the scope of the work. Set Net Court was not included in the petition that was submitted. A notice must be KENAI CITY COUNCIL MEETING MINUTES • DECEMBER 4, 1991 PAGE 15 sent to property owners. Administration requires Council to Court consider the question and state whether including set Netis a possibility. Brighton added that one reason to include Se: Net Cotheris to eliminate another short piece there areeonlyaeeight or nine homes on rk will be in the vicinity an Set Net Court. They can be ncil was to include t Netnotified of the publsehearing ourt and same time. Consensus of Cou contact the property owners. Brown stated he would set up the public hearing* stated he agreed with the memorandum included in the Walker s ` packet wherein it states that Council should 12%wto 25%). Walker ssessment policy (raising assessments fromld be stated he believes that 25� aesbssment on the ttprojectthe rate will very helpful. Monfor agreed. Brighton sta have to be raised at some point. The City cannot continue with assessment costs at that rate. 1-6. Public works Director No report. 7. Airport Manager No report. ZTBM Jt pIBCLUBBION J-1. citizens None. J-29 Council Councilman Walker - Reported he spoke witthe highway. DOT a regarding the removal of snow from the sidewalks along DOT and d request that a right - also requested a letter be turn -only lane (going north) be made at the olestert Drive stop light. Kornelis was directed to write sa Councileoman 8aarner - Nothing. • KENAI CITY D8CBM8ER 4� BAAB 36 COUNCIL MEETING MINUTES 1991 Councilwoman Monfor - a. Received four calls regarding the transmission shop business in the building where the Dena'ina Health Clinic resides. Monfor stated she spoke with Howard Hackney and was told that the buildings are independently owned and the business is within the Code. Monfor stated that she has driven by and that the area is an eyesore. Monfor requested that Kornelis or City Engineer Lashot review the matter and report back to Council. Monfor encouraged other Council members to drive by and observe. Monfor stated that she does not object to the business, but does to the mess. b. Monfor asked Attorney Graves about the "Lean and Clean" ordinance. Graves stated that it was sent to Planning & Zoning as an information item. Monfor suggested it be reviewed and discussed by Planning & Zoning and their comments forwarded to Council. Monfor requested a copy of the ordinance be forwarded to Council as an information item at this time and the ordinance be resubmitted to Planning & Zoning for review and comment. Graves stated that he would resubmit the ordinance to P&Z. c. Received two telephone calls from Doug Jones, the present owner of the Burnett property. Monfor stated that she was told that the Borough will not replat the property without the City of Kenai's giving access. Graves stated that Mr. Jones joined in the law suit Burnett's filed against the City of Kenai. They were awarded $600,000 for not receiving access from the City. Administration does not want to give access to Jones when they have received a judgment for $600,000 from the City. Brighton stated that they have easement access down Swires Road. Brighton added that this item is still involved in the Courts and Mr. Jones is represented by an attorney. If he has questions, they should be directed to the City's attorney. Graves stated that Jones telephoned him. Graves stated to him that ethically he cannot discuss the subject with Jones. Jones is represented by an attorney and the attorneys should talk. Graves stated that if the case is remanded, access to the property may be a bargaining tool in any future settlement discussions. Administration is hesitant to give up the access at this time. Brighton added that Jones has access down the section line. Graves stated that the Borough does not want to plat the property until the City gives access to the land. The City's . position is that Jones has reasonable access and the Borough disagrees. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 4, 1991 PAGE 17 from there. Councilman Walker SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Councilwoman Monfor stated she felt the water and sewer to Thompson Park should be included. Monfor stated her distress that Kenai is not included. The Thompson Park project should be added under Health Facilities. McComsey questioned if the signaling device at the intersection of Kalifornsky Beach and Bridge Access was included. Williams stated that there are lots of resolutions brought forward, but not all are included in the Statement. Walker_ noted that the signaling device is inc, iuded at Page 8, Part VI(b). Williams stated that he has discussed the signaling device again with DOT., DOT has requested that the work be completed in 1992. Monfor requested that the Thompson Park Water & Sewer Project be added at Page 10, "Health Facilities." Smalley requested a correction at Page 7, Item A(2)(b). The word "Expect" should be "except." Monfor questioned the inclusion of the Foreign Trade Zone. Monfor stated that she thought it was a dead issue. Williams stated that they want to be ready for it if it comes up again. Williams stated that he would not be in attendance at the December 16, 1991 meeting of the Kenai Peninsula Caucus. Walker volunteered to attend. It was requested that the paragraph regarding the Thompson Park Water & Sewer Project be stated as follows: 3. Thompson Park Water & Sewer. The Kenai Peninsula Caucus urges the State to appropriate $5.2 million for the City of Kenai for the installation of water and sewer to and through Thompson Park Subdivision. It was suggested that these further amendments be included in the motion to amend. VOTE: There were no objections to the motion with amendments. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 4, 1991 PAGE 18 H-5. Approval - Change Order No. 5/Kenai Bicentennial Visitors and Cultural Center. This item was added to the agenda at the beginning of the meeting. A memorandum from Public Works Director Kornelis was included with a copy of the change order. The memorandum stated the Bicentennial Committee requested a time capsule be placed in the wall of the building with a bronze plaque cover. The chance order was for furnishing and installing the time capsule for a cost of $358.00. WCOYOCORSA Councilwoman Mop -for MOVED for approval of Change Order No. 5 in the amount of $358.00 for the time capsule. The bronze plaque and galvanized box will be donated by Bill Miller. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Mayor Williams reported: 12/5/91 Kenai Peninsula Caucus reception at 5-6:30 p.m. at Mykel's in Soldotna. 2. 12/7/91 reception for Mike Navarre at Williams' home. 3. 12/9/91 meeting with Mike Navarre and Thompson Park property owners at the Eagles. 4. 11/27/91 letter from Betty Glick, President of the Borough Assembly inviting Council to an orientation on 12/17/91 (Info #10). 5. Info #5 regarding bed tax and sales tax. 6. Bond Council met on 12/3/91 in Juneau. Williams was weathered out and, by chance, met with Commissioner Olds in Sitka where their plane was diverted. Representative Navarre met with the Council in Juneau and Williams was present via teleconference. The bonding was approved. Clerk was requested to send a thank you note to the Sitka City Manager for use of the telephone for the teleconference. 7. Sooke with Alaska Airlines and informed them he did not arrive at his destination and was diverted to Silks. They will refund the ticket to the City. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 4, 1991 PAGE 19 8. Talked with Leonard Dunham of Grace Drilling. His corporation headquarters decided they want a full environment assessment of the property where they will be moving their operation. Their moving will be delayed until Spring, however, they will be doing some preparatory tagging so that the move can be done within two weeks in the Spring. 9. Will be out-of-town for the December 18, 1991 meeting. Requested Vice Mayor Measles to preside at the Council Meeting. 10. Working with Tesoro to communicate with Okha and have obtained the information to have a direct line to Mr. Cherny. Mr. Cherny has requested that a group of his people, including dancers, .visit the Kenai area in January. Mayor Gilman and Williams are writing back and suggesting they come later in the Spring when the building projects in the area will be completed. Williams has spoken with Marathon Oil in Lafayette, Louisiana. They will have a representative traveling to Okha and will take the City`s letter. I-2. City Manager No report. I-3. Attorney Attorney Graves stated that the RFP for the airport restaurant has been completed. The RFP was streamlined. Graves requested Council comments on three items: 1. The RFP does not include a minimum bid as before. Instead, the RFP includes a monthly rent. Consensus was to try this at this time. 2. The RFP does not include mandatory hours of operation. This will allow the concessionaire to determine his hours from what the market demands. Consensus was approval. 3. The RFP includes a 90-day cancellation option. Some operators may not want to take a five-year lease. Approved. Graves asked if there were any other comments. If not, does Council wish the RFP to be advertised. Consensus was to commence with the advertising. I-4. City Clerk No report. I-5. Finance Director KENAI CITY COUNCIL MEETING MINUTES DECEMBER 4, 1991 PAGE 20 Finance Director Brown referred to Item I-2 regarding the assessment petition for Set Net Drive. Brown asked whether Council wishes to have the public hearing. Brown added that the City Manager would like Council to consider the inclusion of Set Net Court in the scope of the work. Set Net Court was not included in the petition that was submitted. A notice must be sent to property owners. Administration requires Council to consider the question and state whether including Set Net Court is a possibility. Brighton 'added that one reason to include Set Net Court is to eliminate another short piece of gravel road. The other work will be in the vicinity and there are only eight or nine homes on Set Net Court. They can be notified of the public hearing at the same time. Consensus of Council was to include Set Net Court and contact the property owners. Brown stated he would set up the public hearing. Walker stated he agreed with the memorandum included in the packet wherein it states that Council should review its assessment policy (raising assessments from 12% to 25%). Walker stated he believes that 25% assessment on the project would be very helpful. Mentor agreed. Briahton stated that the rate will have to be raised at some point. The City cannot continue with assessment costs at that rate. I-6. Public Works Director No report. 7. Airport Manager No report. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Councilman Walker - Reported he spoke with DOT regarding the • r1 RENAL CITY DECEMBER 4j, PAGE 21 COUNCIL MEETING MINUTEs 1991 Kornelis stated that Swires has always been a section line easement and access to the property. Jones believes there is a problem because the easement is on wetlands. Wetland permits can be obtained from the Corps of Engineers. d. Will not be at the next meeting. Councilman MoComaey - Requested investigation of on -going garage sales. MCComsey will speak with Graves regarding the topic. Graves stated that it is a zoning question. Councilman smalley - Also received a telephone call regarding the transmission shop. Walker stated that he has discussed the matter with Hackney. Howard stated that they are not violating the Code. Walker believes that they are trying to clean the area and that clean up could be completed in two months. If this business must clean up, then all businesses should be required to do so. Walker stated that if the Code is amended, those in business now will be grandfathered and any amendments would not affect them. Mayor Williams - Williams reviewed state legislation which established collection centers, but has not been funded. 10 T M R: ADJOURNMENT The meeting adjourned at 10:02 p.m. Minutes transcribed and submitted by: A i s Carol L. Freas, (12/10/91) APPIZOVED EY COUNCIL DATEllrgyi CL