HomeMy WebLinkAbout1990-01-03 Council Minutes0
,AGENDA
KENA2 C=TX COUNCXLS — REGULAR MEETTNa
J'ANUARY 3 , ]_ 9 9 O
A . C1kLL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine
and non -controversial by the Council and will be approved by one
motion. There will be no separate discussion of these items unless
a Council member so requests, in which case the item will be removed
from the Consent Agenda and considered in its normal sequence on the
agenda as part of the General Orders.
S . SCHEDULED PUSL=C COMMENT (10 Minutes)
a. Dennis Carlson - Flags on Willow Street
49 C . PUS142C HRALaTNGS
1. Ordinance 1349-89: Amend KMC to Adding New Chapter - "Investment
of Monies" to Establish a Policy for Investment of City Monies
2. Resolution 90-01: Transfer $2, 000 for Repairs to Heating System for
Public Safety Building
3. *Renewal of Liquor License -
Peninsula Moose Lodge 1942
Uptown Motel/VIP Motel
Uptown Motel Annex - Backdoor
The Place Bar & Motel
D . Comm XSS=ON/COMM='MSIEE REPORTS
1. Council on Aging
2. Airport Commission
3. Economic Development Commission
4. Harbor Commission
S. Library Commission
6. Parks & Recreation Commission
7. Planning & Zoning Commission
S. Misc. Commissions/Committees
E. M=NUTES
0 1. *Regular Meeting, December 20, 1989
1
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C1
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F . COR12E S VONDENCE
0. OI.,D SUSTNESS
H. NEW SUSTNESS
1. Hills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. *Ordinance 1350-90: Establishing an Ambulance Service Fee - $300
4. *Ordinance 1351-90: increase Estimated Rev/Appns by $15,000 for
Shared Costs of U.S. Customs Service Office
5. Discussion: "Ground Zero Beyond the Spill" - Proposal by Visual
Arts Center of Alaska
T . ADMTNT S'I'RATTON I•tEPORws
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
S.
Finance Director
6.
Public Works Director
7.
Airport Manager
J. O T SCU S S T ON
1. Citizens
2. Council
K . AID J'OU RNME mw
0"
A.
KENA= C 2 TX CC�UNC 3I �,
"'. REGUX,JyR MEET=Nc"t
'�'ANUARY 3 , 3.9 9 0
C i tom* H,a,1„ 1, Cc�unt3 i 1 Ghsamkve, r�
CAIrii 'I'4 C:)RIaE R
1„r„_. Pledae of Alleaiance
2. Roll Call
Present: Measles, Monfor, O'Reilly, Smalley, Swarner, Walker, Williams
3• Agenda Anoroval
Mayor Williams asked that the following items be added or deleted:
Item C-1 Add Memo from Finance Director
Item C-3 Add Letter from Borough Sales Tax Division
Delete ePlace & Motel
Item H-6 Add LetterfromBorough
Request for "furtherconsiderationPlanning r�ctor
Info Forget -Me -Not Newsletter
Info Chamber of Commerce January Calendar. Info Monthly Budget - January
MOTION:
Councilman Smalley moved approval of the amended agenda, seconded
Councilwoman Swarner by
VOTE:
Motion passed by Unanimous Consent
4. Consent Agenda
Councilwoman Swarner asked for corrections to the minutes: page 6, second
line, change requirement to requiring; d
to the screen could contain; Pag� g, page 3, first paragraph change is
indicated that those are the words he�used d notsecond e tro chap Mayor Williams
change the wording.
MOTION:
Councilwoman Swarner moved approval of the Consent Agenda,
Councilman Smalley Q da, seconded by
VOTE:
Motion passed by Unanimous Consent
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KENAI CITY COUNCIL
January 3, 1990
Page 2
B . S�H�DULED FiJE3L 3` C COM1��N'I' (10 Minutes)
a. Aennis Carlson - Flags -on WillowStreet
Mr. Carlson is a representative of .the Boy Scouts and explained that the Scouts put up and take down the flags for fund raising.. They ,are out there
in the cold, wind, rain, snow, whatever the weather, to handle the task.
The Scouts had asked the local merchants to sponsor a flag at $30 each for
a contribution, however, so far only ten businesses have done so. We are
hoping for at least $200.
The boys are brave and cheerful getting out there in the cold to put 'up the flags. We were out New Years to put the flags up. If we couldn't get
a sponsor we'd have to cut off Willow Street.
MOTION:
Councilwoman O'Reilly moved that the City appropriate $300 to help defray
the costs of the flags on Willow Street, seconded by Councilman Measles.
VOTE:
Motion passed by Unanimous Consent
Councilwoman Swarner: What happens if another business wants to donate.
Mr. Carlson answered that he didn't have the material with him.
Mr. Carlson also noted that the Scouts are required to attend a government
function and would be coming in shortly.
C. PUBLIC HEARINGS
1. Ordinance 1349-89: Amend KMC to Adding New Ch
of MoniAn" *^ _ ,._
apter - "Investment
�d�s�� :..,. , s -
MOTION:
Councilman Measles moved for adoption of Ordinance 1349-89, seconded by
Councilman Walker
Mayor Williams called for comments from the public, there were none.
MOTION:
Councilman Smalley moved to amend the Ordinance to include ..7.22.030, Authorized Investments, be amended to state "Authorized instruments shall
be limited to the following", seconded by Councilwoman O'Reilly
VOTE AMENDMENT:
Motion passed by Unanimous Consent
VOTE MAIN MOTION:
Motion passed unanimously by roll call vote
XNAI CITY COUNCIL
January 3, 1990
Page 3
2• Resolution 90-01: Transfer $2,000 for Repairs to Public safet 8uildin Heating System for
MOTION:
Councilwoman Monfor moved for approval ofR .esolution 90�-
Councilman Measles 01, seconded'by
Councilman Walker noted that there was no public hearin..
withdrew the action. g mayor Williams
Mayor Williams called for comments from the public, there
were nave.
VOTE:
Motion passed by Unanimous Consent
3. *Renewal of Liquor License -
Peninsula Moose Lodge 1942
Uptown Motel/VIP Motel
Uptown Motel Annex - Backdoor
Consent Agenda Item
L7 • COMM2S82C7N/COMMITTEE REPORTS
Council on
Aging
a. Councilwoman Swarner reported that there will bea meeting January
b. There has been publicity for the ornament project that was
Governor Cowper, however, "we are at a frustratingsent to
the
comments by the Governors Press Secretary who saipoint
have to of ete
with the environmental issues." We need some direction and how to
attention to our local legislators. draw
Mayor Williams mentioned that the Press Secretary did tell us it woul
a rough road. The three legislators be
delegation may be reluctant to indicated that it appears that the
request the funding directly and unless comes from the Governors Budget it may not have a lot of change to succeed•
Councilwoman Swarner noted the, letter in,the
Rep- Navarre to the Governor, it did not Include the kCon et f re a��Swack'� and
only the water & sewer to Thompson Park. g g to Housing,
Mayor Williams stated that the Governor has indicated that he
to prepare a line item project list and probably wouldn' is not going
much later. I will be wouldn't.Submit one until
then. going to Juneau 1/28/90 and plan to talk to him
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KENAT CITY COUNCIL
January 3, 1990
Page 4
legislators who
areW not pushing the project
find out. Mayor
the Education Endo willa.am$; I think I would Councilman Smalls
y: We could
ment on the table until after prefer
to leave the issue of
We need to �r'ect the City Clerk to
first w p meet with the
self in February prior to �t me to dfecnee Governor.
briefing paper on 2 S this again the
continue era � /90 for you. the old meeting. I Prepare their end letter �e the Neniar Citizens a
wr�tting• tte to
c' Councilwoman Swarner reported on a
sent by Seniors to cookie
Housing the all the 'legislators and Px°ject. Cookies are being
senators for the Congregate
2• Air ort Co
mmission
No meeting
3• Economic Develo
ment Commission
a• Councilwoman 0'
about discussion regarding y noted that in the
Helicopter Cold Watethe Fire Training minutes on item G
Recover g School - it should t talks
Y School. be the
b' Mayor Williams
Cold Water Recover reported
1/10/90 at the �oschool has
Y•
4• Harbor Commission
No meeting
5• Librar Commission
Meeting Tuesday, January 9th,
that the meeting regarding been cancelled and will be the Helicopter
rescheduled for
6. Parks & Recreation Co
mmission
No meeting
7• Plannin & Zonin Commission
No meeting
8• Misc• Commissions Co
mtnittees
None
E • MXNU WM S
1. Regular Meeting of December 20, 1989
Councilwoman O'Reilly
Councilman Smalley moved to APProve the amended
minutes..seconded by
z
KENAI CITY COUNCIL
January 3, 1990
Page 5
VOTE:
Motion passed by Unanimous Consent
V . CORRESVONOONCE
None
H . NEW BUS = NE S S
1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilwoman Monfor moved to make the payments over $1,000, seconded by
Councilwoman Swarner
VOTE:
Motion passed by Unanimous Consent
2. Requisitions Exceedina $1,000
MOTION:
Councilwoman Monfor moved to approve the requisitions over $1,000, seconded
by Councilman Smalley
0 VOTE:
Motion passed by Unanimous Consent
3. *Ordinance 1350-90: Establishing an Ambulance Service Fee - 1300
Consent Agenda Item
4. *Ordinance 1351-90: Increase Estimated Rev/Appns by $15,000 for
Shared Costs of U.S. Customs Service Office
Consent Agenda Item
S. Discussion: "Ground Zero Beyond the Spill" - Proposal by Visual
Arts Center of Alaska
Mayor Williams explained that this was presented to him for consideration
by the Council for a donation of $5,000.
MOTION:
Councilwoman.Mbnfor moved that we unanimously do not discuss this.
Mayor Williams asked if Councilwoman Monfor wished to change her motion
to a positive. Councilwoman Monfor: I don't think its open to discussion,
the $5,000 is not benefiting us, they called us a town and we've been a
city for years. Councilwoman O'Reilly: If you look at their budget sheet,
it lays out amounts donated by other large agencies.
Council took no action.
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KENAI CITY COUNCIL
January 3. 1990
Page 6
6• Letter from Kenai P
Block 2 s Peninsula Borough Re
Sun ate 8 D garding Vacation
Mayor Willi of Lot 2,
meeting
erns noted that this
9• The Borough item was discussed
Planning Commission appears to be at length at
action r asking for the la t
MOTION; ether than a veto of the Borough
an objection•
Councilman Measles
Borough Planning moved to ission Veto the
easement within northern bou for decision of
the vacation of 5 the Kenai Peninsula
94, seconded by Councilman ndary of Lot °f a 10'
Walker �� Block 2, gun9ate g D utility
Cliff Baker Plat 16,
that � representative of
It was not a Public HUD asked to speak speak. hearing, however, Mayor Willi
if Council ems stated
Councilman Walker wished he could
hearingasked if the Council needed a Williams from a member of the motion to
stated that it was not as a motion reconsider before
a public hearing,is on the floor.
Mayor Williams noted just a few Mayor
still a discrepancy that City Manager Brighton comments.
Council Went Y in the amount pointed out that t
12 of the through the minutes to f footage that here was
minutes Verified determine the was to be vacated.
feet. that the letter amount of footage. Page
indicated ten feet not
Councilman Walker; five
on this one, as I As I recollect
feet also. remember. I object to not two of these vacations. at, there way see a problem with only the ten And
discussed at a question that that particular. feet but,the five
length it was a le building being
Counciim , and I believe t gal building at all where its
Put our Measles that at some his was supported rather strongly as we
foot down and stop a lot Point in time We to by
these have , more
Mayor Williams. vacations. °r less,
has re The point to quested ten feet not make specifically to the Borough re five feet and our , though, is the
building itself quest. There is objection was directlyBorough
decision to den but I don't a great deal of con related
Y the re believe that had jecture on the
quest from a
the Borough. anything
Councilman Meto do with our
a 1
Council voted s e8• I'll on for
was five against this vacation myself
but I think the
feet or ten feet. easement regardless of the
keep getting approached b The gardless of whether it
has been g a Problem, as Councilor
built 31le Y these vacation re an Walker stated, we
a0Prove these Sally on an ease quests because some
code vacation requests we meat. If We're building
and say you can build may as well get that sectio going tocontinue to
Your building any where n out of the
Mayor Williams; You want to.
discussion about the our point is well
illegal building, taken, there was considerable
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KENAI CITY COUNCIL
January 3, 1990
Page 7
Councilwoman Monfor: I wasn't here for this last discussion, but I did
read the minutes and I did sit on Planning and Zoning for quite a while
and this was a thing that even a long time ago, people came to us with the
same problem, and I feel the same way now that I did then that its the
responsibility of the owner to know where the easements are, where the
property lines are before they build. Its not the City's responsibility
to fix it after it has been done.
Mayor Williams stated that comments will be heard from Mr. Baker.
Cliff Baker, surveyor: I think one thing that may need to be brought to
the Council's attention, but if every member of the Council is not aware
of exactly how a lot of these easements are placed on property in
subdivisions. Through the process of subdividing, you're usually
subdividing property that is raw land. The utility companies and
municipalities have no idea at all what easements they need or what they
will require as the property is developed.
The utility companies usually go through and label where they'd like to
have easements, knowing that they're not going to need them all and have
no intent that those easements are required to stay there if they don't
need them. It is quite often that later individuals come through and
request vacations of easements that are not being used or portions of
easements. In this particular case, all utility companies that are
affected have said that they do not require the interior five feet
including your own engineering department. They said they would not need
this easement for water and sewer expansion. Unfortunately the building
has been built first and then you come back, but that still does not mean
that an easement is intended to be there permanently if its not going to
be used.
Mayor Williams: As I recall it is the policy of the Borough to pass out
plats to all of the utility companies and ask them to mark what they need.
This particular subdivision is a very old one and created prior to the
Borough instituting this program. I can see no way of the City remedying
the situation short of having all of the utility companies and all of the
property owners sign on to the fact that they all wish to vacate that
easement. The problem is that there are multiple property owners. The
request of one property owner to vacate a portion, especially an interior
lot like that, is something we don't want to get into. The best policy
to follow if people want to do it that way is to go ahead and have everyone
sign off on it and run it through again.
Cliff Baker: I can see what you're saying but private individuals are not
given permission to use that. If they want to have a utility brought to
them, they go to the utility company and the utility company has the right
to use that. And if the utility company says that the easement is not
necessary and that they have other avenues of access, then that is their
determination, it wouldn't be individual lot owners. Granted, it would
be nice if everyone of the property owners came to the Borough and
subsequently to the City and requested a five foot vacation. The problem
you have their is that we can't request a vacation for other parcels if
we don't own those properties.
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KENAI CITY COUNCIL
January 3, 1990
Page 8
position, been in that however, the
Mayor Williams: I understand
itupon tself to act on this matter without
Council is not going to take P going to vacate
full indication from everyone involved that they are for
Cliff Baker: As far as the building,
since the last meeting, a real. ,
ard and tried to find out if there are avenues
has gotten in touch with How
to resolve that, if this is not vacated what we can do.
:
I am acting as area management broker
Kathy Brickey of Kenai River Realty
on the Kenai Peninsula. HUD is the owner of this property
for Hud Homes aspects, but until
and stepped into a problem because of various confusing the property, they
We got nearly to closing. The buyers are already
They
were here at the last meeting but did note vacating of the ethemselves aswement has
would like to continue with the sale but the of into a
been the hold up. Meanwhile, HUD as owner of the property t by ome someone else and
situation of inheriting this house thearci a purposesbuil is beside the point•
een
whether or not it was used for comet permit
• the last meeting it was determined that there was no building p
At with Howard Hackney, he later discovered a building
for it, in talking but there was an addition to
permit so it was not builthere illegally,
th t does not have a permit-
it a
Mayor Williams: It the addition the the building part that's hanging
several?inches
Brickey: It actually is full portion sidef of the building. It is a large
to several feet. The whole backstage and a separate
building. The original permit is for a buyers
x 24' g commercial
20' x 24' addition to the side. Thei imate con ern and t ey are willing
intent and I know taha►theyaare fully aware of the covenants and that
to sign a statementwould dust like to get
it is strictly residential use intended and they
on with their lives.
ile has considered what the options are and absothe lutely none either
of f ice
HUD, meanwhile Council is giving us, abs
has asked what the Kenai City
the building, remove it from the easementmove Xea•whOor have
tear down Really, there's three
wall, or vacate the easement.
an after er the fact permit, for the building, but the errand
different options.haveit l quite a. bit
to have the ... and I did send a contractor
of additional information regardingyou buy
ese things, but when
Cou
ncilwoman Monfor: I'm not real c h thaton thfinds things like the before
a home, don't you have a title search
you get that far. But the
Ms
. . Br ickey : That's when they did find it •? car wWioman or • Williams: No. HUD
people were already living in the housey
foreclosed on this property and then all theta sale. were
persons Who
The property has since gone through an attempted
Brickey: They
are now occupying the property has no bearing on this. Ms• Councilwoman
priorare occupying it on a lease agre ould happen? ment° Msos ingBrickey: No, they
Monfor: They realized that this w
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KENAI CITY COUNCIL
January 3, 1990
Page 9
didn't know all this was going to happen until they had gotten into the
property.
Councilwoman Monfor: I feel real bad about this, but you know the City
of Kenai has ordinances on their books, we have a building code, we have
an office that's open five days a week and I don't understand why this
happens and its wrong. Its wrong that it comes up so long after and
someone says fix it because this person over here did something that was
illegal. They didn't bother to come to the City and say we want a building
permit so our building inspector can say I'm sorry you can't do that
because there's a utility easement there. That's why we're here. That's
where I have my basic problem. You can't make it right by continually
doing it wrong.
Cliff Baker: Fortunately the building does have a building permit and even
that portion is built within that easement. It wasn't brought up at that
time. City Manager Brighton: Your building permit has no bearing on where
you put that building, whether you put it on an easement or not.
Cliff Baker: Councilwoman Monfor was just saying that that's part of the
building permit is the building inspector will tell you you can't build
it there because there's an easement there, when it does have a building
permit for a part of the building in the easement. Granted, the building
inspector probably isn't qualified to know exactly where an easement line
lies.
Mayor Williams: Its not the necessity of the building inspector to know
where the building sets. Its up to the contractor that builds that
building to ensure that he's on the right place. Cliff Baker: The
building inspector can come up and say that he can't build there because
there's an easement there. City Manager Brighton: The building inspector
is going to check and see to it that its built according to code, not check
on the easement.
Mayor Williams: Once again the Council has expressed the desire to veto
this item before the Borough and as I said before, the only way I can see
clear is to back track through the whole mill and everyone associated with
it sign off.
Mtn. Brickey: I just want to know what alternatives, does the whole
building need to be demolished. City Manager Brighton: Move the wall five
feet. Mayor Williams: Take a chain saw and cut off that much off right
down the line. Ms. Brickpy: That sounded ideal until I got a contractor
out there and found the impracticality of it and the $5,000 expense. May
as well tear the building down. Then there's the foundation in the ground,
move it over five feet, and be to code, and how to move that wall. And
it is the winter and is costly. In this case I can understand the
CouncillIs position but I also see that there needs to be some flexibility
when there's an innocent party involved. Councilwoman Swarner: It doesn't
matter who the innocent party is.
Cliff Baker: I do have one more problem with your chain saw idea, that
resolves the problem of the easement but then are you going to make them
KENAI CITY COUNCIL
January 3, 1990
Page 10
n
spend $5,000 and then come back and say well you're within the building
setback so now you've got to move it anyway.
City Attorney Rogers: So there will be no misunderstanding, the Council
dont
is not giving you alternatives. The Council is taking action and I
want you to think that you can go out and take some action at this point
as the result of some compromise or comments by Council tan im
All e
detrimental reliance for some action that you take at this poi
Council is doing now is either vetoing not °i Amid I don't want you
as your
alternatives, that's not within their prerogative.
to go away from here thinking that you are going to take some action to
remedy the situation based on off. -hand commenti made by,on. It makes idt hCouncil
members. I don't want to get in that a
at much
more difficult.
Cliff Baker: What I'm trying to get to is even if we try to move the wall,
we'll have a building encroachment into the rear setback.
city
Attorney
Rogers: I understand but that's not the Counrears problem.
Doesn't the Council have to give the permit? Answer no.
VOTE:
Motion passed by Unanimous Consent
Councilman Smalley: Do we need to • address eveningbecause they had just met
S/D because that did not come to the night before. PW Director Kornelis: If 1 remember right it was an
objection, not a veto. Councilman Smalley: So we need to do the same
thing.
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MOTION: decision
Councilman Smalley moved to veto the Borough Lot 12 l Block 2.ommisSiO
Thompson Park S/D,
to vacation the 10, utility vacation
seconded by Councilwoman Swarner
VOTE:
Motion passed by Unanimous Consent
_ . ADM=N=STEtpiT=CAN RE3PC]RT:3
1. Mayor
a. Mayor Williams stated that he had received a request from Mr. Norm
Blakely of Iditarod Lanes who received a late charge on his rent of $23.
His rent is $241 per month. He is asking Council to waive the late charge
in as much as they have spent so much time', money, and effort to.make the
lanes successful.
City Attorney Rogers: This was brought to my attention this evening. It
is my position that it doesn't matter � the charges emselves in waivers
inappropriate. I think, for the Council
of penalties and fees. The Finance Department works with people on those
things. They can make arrangements for partial payments or whatever.
KENAI CITY COUNCIL
January 3, 1990
Page 11
Mayor Williams: I will bring to the Council's attention that this was
merely a constituents letter and I was asked to bring it to you. Is it
the pleasure of the Council to waive the surcharge as explained in the
letter.
no action.
b. Mayor Williams reminded the Council that the public hearing on the
fire training school will be next Wednesday at 7:00 P.M. at the armory.
c. Mayor Williams noted Info 1 - Municipal Interim Management Services.
The AML has created a program in which personnel can be loaned. Most
recently Mr. Underkoffler from the City of Soldotna acted as City Manager
for the City of Wrangell for a period of time. We're looking at whether
or not Council wants to involve itself in this program with AML.
Williams asked the City Attorney to give the Council some highlights of
the program.
City Attorney Rogers: In each individual case, I talked to Chrystal Smith
about this both during AML and subsequently, and you've got an agreement
and the Council with each community involved would have to agree to that
particular assistance. Also, the expenses incurred are borne by the
borrowing agency.
Also, a loaned employee is precluded hfrom
°liked it betterng lthere eundertime nthis
Let's say we loaned an employee and y
arrangement they would be precluded for a period of one year or something
from going or working full time for that agency or municipality. The other
thing that was pointed out at AML, as far as advantage is that it goes all
the way down to your department heads, fire, police, public works, finance,
things of that nature so you can loan an individual there.
The benefit to the loaning agency has been found to be the development of
different or further expertise in an area that the loaned employee had not
dealt with perhaps previously or different ways of doing things. There's
an educational benefit to be pointed out. The needs are going to be, I
would say primarily, a lot of the bush communities that are getting started
up and new boroughs that are being formed, bringing people in there during
an organizational phase.
There are also some people that are signing on in the public sector that
are not presently working for to fill a
agencies,,
tare in the talent o
As the pool grows, its there gaf duringa selection processdue
to death, departure, or firing or some sort of emergency situation where
you need some guidance or someone in that chair.
Mayor Williams: I can see some long range benefits to the entire state
would be substantial forming of new communities and new boroughs.
Councilman Smalley: I don't see any membership fees. City Attorney
Rogers: I don't recall any. Councilman Smalley: And number two, perhaps
the only expense, for instance, if the City of Kenai were to be a member
of the talent bank, if we sent our City Clerk somewhere upon their request,
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KENAI CITY COUNCIL
January 3, 1990
Page 12
obviously they'd take care of transportation and so forth. City Attorney
Rogers: And salary. Councilman Smalley: But the person that replaces
Janet when she's gone, if she is in that position fo isbornecto n length of
m
time, I'assuming she has a salary adjustment
ty
Attorney Rogers: No, I don't think that does , but lacedthat employeery Basicallyt
never equals the $ unt ociallyf itlary looksythe like financial gain.
looking at it f in
One other thing that was pointed out to me as an to look at another of a person forian
community is to give them an opportunity
extended period of time, in the position on a temporary basis and
ho ee
if that person eventually could
ft and nLet's
his spot. Who you
public works director that you put somebody in
are also looking, at as a possible replacementd ahowwn the road. they perform. It gives
you an opportunity to look at that person
Councilman Smalley: But aren't they precluded from taking that position
for a year. City Attorney Rogers:
abse,I'm
talking
about the person you
take in temporarily to cover that position.
Councilwoman O'Reilly: Maybe because the city is not a town, I don't see,
if something happens where we lost our city attorney or city manager or
whatever for whatever reason, it would a ino me to do better thecommunity and knewvthe
ing
someone on an interim basis that was alreadyn
community as opposed to going to some other town.
City Manager Brighton: You're right. Councilman Smalley: Well you don't
have to draw from the bank do you. City Attorney one of Rogers: our o No,, you
isdallt
have to, you're not tied to it. This is justY
City Manager Brighton: I might just add, for
an Councilfhe individuals
n i idagreehat
work for you to participate in this program,
to
participate. You could agree to participate
a program.
loyee
would submit an application requesting to b Participant in the p
City Attorney Rogers: As a matter of fact, as with what happened w t h Mrwas
Underkoffler when he went, he ended up doing double duty.
understood he would be available on a daily basis to consult with goldotna
while he was doing the other job. So it wasn't as if he were totally
unavailable, and I assume it would be that way with any participating
person. Councilman Measles: But the employee has to volunteer for it as
well as Council agree to do it.
Councilwoman O'Reilly: Assuming that Council goes along with membership
in this bank, and City Manager Brighton volunteers to go to Greeley, do
we get another opportunity to agree. City Manager Brighton: Oh you have
to agree on an individual basis. Councilwoman O'Reilly: So this isn't
a blanket thing. City Attorney Rogers Right. There's actually an
City Manager Brighton: Not only
agreement that the Council has to sign. lication has to meet all these
that, but the person submitting an aPP
qualifications. The application may not necessarily be accepted by a
community.
KENAI CITY COUNCIL
January 3, 1990
Page 13
MOTION:
Councilman Smalley moved that the City the
crite participate lable to employees
Management Services program and make th
as far as applications, seconded by Councilman Measles
VOTE:
Motion passed by Unanimous Consent
d. Regarding the boat ramp facility and the price of the land, we did
direct Administration to continue with the applications for the reached onnthe
Corps permits, and grants, however, no agreement has be
en purchase of the land. Mayor Williams asked permission of Council to bring
the item back at the next meeting for public hearing. In the interim, I
would like to make the copy well known to the public and generate a great
deal of interest from the public. I feel it might have some bearing on
how Council views the program.
Councilwoman Monfor: Now that we've had this edict from Washington D.C.
to do to us. Mayor Williams
about the wetlands, what ai is
day moratorium placed on the no net loss
at going
explained that there ,
• program. Our application for the permit actually went in prior to the
first deadline. We don't know what will happen. Councilwoman Monfor:
What if nobody shows up.
Mayor Williams stated �Wwould see to it that there will binpe3.ople from
the general public in atte
ndance. if they are successful
an early red run in the Kenai River it will mean upwards
sport ffishing0 early
ly
reds coming in in early May, primarily aim
location of this boat ramp is just downstream from Beaver Creek Foster Brothersere these
fish will be going into the lake planned by
the Councilwoman Monfor: On that same night is the
I doll t t ink thator the
ambulance service fees, and to be perfectly honest
uld
be more important than this because we have a while to do the thing with
Mr. Cone. What are our priorities going to be.
Are we going to listen
to the people talk about the river or are wc�ga going
for to ambulance seten to the rvQicee
talk about why or why not they want to be g
Mayor Williams felt there was room for both. Councilwoman Monfor asked
if there was room for publicity for both in the same hweek.
Council�agre®man o
O'Reilly: It was my understanding from the minute
meet again for another work session. Councilwoman Swarner felt it would
be appropriate to hold another work sessionwai a an
how much theyowant
ther
early red run. There were four people thhth
to pay for that property and a public hearing at a Council meeting is going
to get that decision.
Councilwoman Monfor: I don't care if there's an early red run or note the
problem is we need the apt • that'se the bottom a boat aline, are we go9
$180,000 or a lessor amo ,
Councilman Walker: I this it most appropr
iate to bring it to the regular
Council meeting rather than another work session. I think any decision
KENAI CITY COUNCIL
January 3, 1990
Page 14
making we have to do, as far as how much we spend on this particular item
is not o en to discussion. I think we need to bring
it like tatha public
ion on iI, for one
the public and a work
hearing and make our session would not have nearly the public input. Then
we make our decision in public.
ng is appropriate if Mr. Cone
Councilwoman Monfor: I think a public heari
appropriate the $1801000
Then we either app
says he's not going to negotiate. aif the people
have a public hearingtnd thndk its too much
and put it to a Council of tor it, fine and if they think its a great idea, g
money for the City to commit and that's fine too. But we make a decis ion.
Mayor
Williams stated that if the Council felt more comfortable,
m ortable, he woull
prefer the question of the boat ramp be on the 2/7/
agreed.
Mayor
Councilman Smalley asked if money would be Councilman
his
Williams answered nvolved attmeetismalleys suggested
that it would ld be.
condemnation procedures and let the courts settl t ee. Mayor condemnation islstil
l
noted that he was in his fourth Year and the last
placing an ad in the
not settled. PW Director Kornelis suggested
newspapers soliciting lands available along the river. The Council
dis
cussed it further, however, decided to stick with the present option
and depending the outcome, may consider this later.
agreed to speak on "sound -off" on gain on the project 2/5/90.
The Council agr
2. City Manager
None
3, Attorne
a, City Attorney Rogers reported on an upcomirnegl meeting
in Los A g Jos fith the o
Legislative Committee in Jtionu which the chairs. The Council had no
the American Bar Associa
objections.
b, Councilwoman Monfor noted that on the was ,a in Anchorage*
and a public
made to tear down the Palace Hotel because it are going to sell the
hazard. So they have torn down the hotel and theyhorage and were
land. Isn't that interesting that they can do that Rogersin � t t d that he did
dow
here - City Attorney
see it and will be checking g on it. Mayor Williams stated that he had heard
that SBA had a qualified buyer.
ing torn down.
C. Councilwoman Monfor asked about the conveeel rsation
this afternoon.
City Attorney Rogers: I had a telephone con
are past due. The uprights are still there, they should all be -down
They They had an alternative, they could have thrown
and off by this Friday. asked
the uprights over and would have had a mess on thground. / he for
p it Just
happens I'm too busy
my indulgence, I saidJ
by this Friday.
I
•
•
KENAI CITY COUNCIL
January 3, 1990
Page 15
q, City Clerk
a. Councilwoman swarner expressed thanks for
additional pass out items for Council meetings.
5, Finance Director
None
the memo listing the
6. public Works Director
area grincluding the extensive
a. The Kenai River Mouth sment of tViewinnperty is clone • I have heard that there
environments c d sP ssibility he P
vex that we will get 'it*
There is $6Q0,000
is a Y 9
available and we're asking for $150,000.
PW Director Kornelis reported that he is working with the Borough
b.
and meeting with them frequently.
Emergency Management team
c. We are getting close to finishing the Willow Street Extension
project. That should be ready for bid soon.
ry, Ai ort Mara er
a. Airport Manager is still on vacation.
` on the case for the
b. Mayor Will asked d if sit Werany oprogress e to build it in, -house.
industrial display and asked i
PW Director Kornelis answered that our Chamterencaenperson wuldibe the
that is on the wall at the back of the Chambers
should no bids come in.
Councilman Walker indicated an earlier discmaintenance andsion with City
asked
c* the state about road
Manager regarding contacting
PW Director Kornelis: I think
the Public Works Director for information.
at ha pens is that they start from Soldotna and work
orka histh y'st in
knw
whP
that this was one of the things You asked about,
Kenai and work the other way.
Councilman Walker noted that during
the holiday weekend, it was very
shape
n oticeable that from Wildwood north, the road was ionexcellent
roads were
Wildwood south and on through From
Kenai. nearly to
terr
ible. That shape hasn't improved much. in fact with the new snow its
getting worse. What I would ask is that you contact them again and maybe
we can get something done.
Mayor Williams
: Let me quote you what was said to the legislators, "we're
doing 30� more roads for 30% less budget with t3n0 cu a leg �iat rs bYan we
DOT.
g That was.nformation given
were in 1982."
Who's
Councilman Smalley: And doing 30% less work. Councilwoman Monfort
getting the $2.7 million.
CITY COUNCIL
3, 1990
1
d• Councilman Smalley:
that as the City From the cross county
out that y grader goes by Linwood and Y skiers
County Pull out that goes into the Lawton t � is it possible
Y skiers use it, back nine on hat they could
themselves. I noticed someone the golf course. dish
as it is a That would allow a Private tried to Cross
useful cross country lot of people access to Push that berm
that there Dula be no Pi'oblemY ski area. pyf Director that golf course
. the area will be cleared
en,Werea
e • Councilman S eared of the ber,�
east, a boom mallet'' On a bulletin board •
truck was advertised• in a he
was $5,600 and was an older It had a 22' boom in a city t. the
ROx'nelis will look into truck' It was °n it• and the
the condition Of the �ctendarty, Price
f' Councllwo
snow nd t man Swarner; I the priCe�ior
he maintenance, have had some calla
when they went b I did notice the Cit and comments
PW Director Y °n Willow Y Personnel liftin bout the
Kornelis• Street so
I know they can lift g the gates
they do that. When they do that those wings.
When
Swarner: they leave
Woodland ••,• a pile of
and c�i1Q back PW Director Well it wasn, t snow when
and did Kornelis; We did that much.
Also
was what they meant. the drivewa s g° down Willow and do sidewalks
We don Y when we did sidewalks, are done. We
Usually do sidewalks Perhaps
not. PW Director ' Part until all P that
Kornelis stated Of Woodland the streets
deed he was is done and
Council sure they would Parts are
g• get to t
sign at the corner
warner re hem.
L'ner of l�'aple d Ash that
there was no st •
and welted that one be s;gn or street
vs o XON put up.
1• Citizens
a• Clarence Ladd s
at Riverview Poke about abatement of
Ladd asked that d Main' It is a to old buildings.
it be cords 9 cabin and is There is one
Mr. Jim Julliason was the coned and torn down, deplorable shape. Mr.
latest owner. Mr• Ladd had learned
b' Mr• Ladd stated that
Riverview that has been broken here Is
considered for another building
destruction. ° many times and d h the end of
cabin of the Cit Mr. Ladd suggested that he would that it also be
Y would take care of the other building.ld renovate his
The Building Official was asked ab
Hackney stated that out the two buildings i
buildings to the Coun it so edto condemn Process set out in the Cod those buildings• n question �
e back. We Went brought two
to take those buildings e' the City Manager said it would ugh the length
with it, We don' 9 down. Council said i cost some money
over to the attorney, now if we can we donit want
back a and it Went ° in to private to
d° anything
and now we can't touch it. on until the property, it was
federal turned
Mayor Willi government got it
federal hand $ and Mr • Hackney
greed on when those buildings Councilwoman Monfor n s
for this type of thing. So with Pointed out that g Came into
move
the money there and y was ORPMPriated
there are buildings
M
KENAI CITY COUNCIL
January 31 1990
Page 17
identified., then we ought to
do 1t.
ells asked if the code were not specific Ho en coreferring
Councilman Sm Y Rogers: I think what
private property. City Attorney
e went through a period of time when wedw�inally the council said
nt through the process
to is w to do it at their expense, an
and we were trying et it done and worry one through
out
we will appropriate money so that we can do it, g
the costs later. By that time even ink correct, t was in the
recoupingteat time Howard ia,
that whole process, bystarit again. We can
hands of the federal agency and we a to back and ask for more if needed.
begin and spend what we have and come
asked if Council wanted to give hits auncilwoman Monforist of all e
Mr. Hackney the house in Thompson Park. Co
buildings, including Councilman Smalley:
I thought we were doing the one in Thompson Park.
the City chose not to pursue that particular one
No, at the last meeting
point in time, but to let the owners thin with
that's iwhat the
at that pabout a
Councilwoman Monfor: The owners haven't done an i was talking
problem is.
Councilman Smalley: I m sorry,
o•
different plac®, the ghirnberg home is what you're referring
are out there, you may be in
City Attorney Rogers: I don't know how many point in time. Councilwoman
a position of having to prioritize at some
Monfor: Well,
the Shirnberg house is the one we directed the legal
department to move ahead one
Id buildings under advisement - drawing
Council Will take abatement of
up a list.
2. _c a unai1
councilwoman Swarner plans on going to Juneau at the end of January
a,
for the AML legislative meeting (1/30 - 2/2 90)
Councilwoman Monfor: I think its time the City does something
b. Council at our next meetingr discuss
positive regarding the Congregate Housing,
putting 0=0 money
forward and building the additiomm o the
dining oroan
at the Senior Center. This will show we have a
eniors do what they have been doing but we're doing our part.
having our s
�Bri hton asked what should be available, �� r=o� o�y�,n�
tv
City Manager 9 ion of the 9
approximately $157 0�00 Which is
oepe the schematics, and using his
Director itornelis at the next meeting to cover the cost as
expertise, bring back a figure
described by the schematics.
C, councilman
Smalley asked for a letter of appreciation accoompanY the
check for the Boy Scouts.
There
mayor Williams discussed a new project at the sof tball f fields . is
d. Y The figure
Year -
are some major tournaments scheduled
Mayor Wi liams asked the Public
approximately $150,000 for a pa
Works Director to cane back with some solid figures on this an well so
Council can make same decisions in that direction.
K . AI�JCaU�tNMENT'
There being no further business, the meeting was adjourned at 9:03 P.M..
Janet A. Loper
Deputy City Clerk
(Transcribed from Tapes)
CY COUNCIL
AAC, Ci w�