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HomeMy WebLinkAbout1990-03-07 Council Minutes0 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 7, 1990 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance. 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk t*) are considered to be routine and.non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Larry Powers - Lease of Sub-Tideland.without . Engineer's Stamped Drawings 2. Mr. & Mrs. Johnny Miller - Snow -Removal C. PUBLIC HEARINGS 1. Ordinance 1359-90 - Amend Revenue Estimates in Capital Projects Funds - Expenditure of 1985 Legislative Road Grant 2. Resolution 90-07 - Transfer of Funds - General Fund - Purchase Humidifier for City Hall'- $2,850 3. Resolution 90-09 - Transfer of Funds - Airport Land Fund - Overtime - $4,200 4. Resolution 90-10 - Confirming Assessment Roll - Candlelight/Linwood - Fixing Payment 5. Resolution 90-11 - Confirming Assessment Roll - VIP District - Fixing Payment 6. Resolution 90-12 - Confirming Assessment Roll - E.: Aliak/Highbush - Fixing Payment 7. Resolution 90-13 - Confirming Assessment Roll - Lawton - Fixing Payment S. *Renewal of Liquor License - The Rig Bar 9. *Renewal of Liquor License -. Kenai Joe's 10. Renewal of Liquor License - Italian Gardens Little Ski -No D. COMMISSION/COMMITTEE REPORTS I. 1• Council on Aging 2• Airport Commission 3' Economic Development 4 • Harbor Co Commission5. Librar mmission 6• Paks Commission 79 Parrks & Recreation Commission g• Misc. co & Zoning Commission mmissions/Cbmmittees E. MINUTES 1. *Regular Meeting, Feb. 2 F• CORRESPONDENCE 1• 1990 1• *Unity Trail Committee - Bike Trail Report on Kenai/Soldotna 42• *Sen. Fischer - Kenai Pi . *Council on Aging - Thanks Commissioner Merculieff, s to City Industrial Developfient &� Alaska C&ED - Alaska Export Authority 0' OLD BUSINESS • H. NEW BUSINESS 1• Bills to be Paid, Bills t 3• Requisitions Exceeding° 00 Ratified *Ordinance 1360.9p _ $1.000 Treatment Plant Modificatiase ons Rev A 4• *Games of Chance & / pens - Sewer CAP, Alaska Skill - 1990 - $64,800 5• Discussion Free Retest Borough Mayor to Provide Non -Commercial Waste Disposal de Kenai Landfill Site Facility at a. Waste Disposal Facilities in Rule Cities, Seasonal 1st Class-& Stations Locations & Receiving 6• Discussion - Properties Sub -Surface Rights for City 7. 8• Approval - _ Discussion HY Laws Amendments - 3-4 _ Symposium - LeadAMLershiuncil on Aging 9 • Juneau S p Ethics - April pe i 10 . Kiosk - Airport Termina use Permit - Display video Disc �. Games of Chance & Skill - Keen Eye Video Lea u lie g e °f Women Voters of Alaska *Games of Chance & Skill - American Legion Auxiliary #20 ADMINISTRATION REPORTS 1. Mayor Z• City Manager • 3• Attorney 4• City Clerk s• 6• Finance Director 7. Public Works Director. Airport Manager J• DISCUSSION 1• Citizens 20 Council K• ADJOURNMENT 6 • KENAI CITY COUNCIL - REGULAR MEETING - MINUTES MARCH 7, 1990 - 7:00 P.M. KENAI CITY HALL VICE MAYOR RAYMOND MEASLES PRESIDING A . CALL TO OnDE R 1.Pledc a of Alleaiaoce 2. Roll Call Present: Measles, O'Reilly, Smalley, Swarner, Walker Absent: Williams, Monfor 3. Agenda Approval oval Changes to the packet: 9 Item B-1: Add Item C-4: Add Item H-5: Add Item H-6: Add Item H-12: Games of Chance and Skill for Peninsula Oilers - Consent Agenda Item H-13: Games of Chance and Skill for Kenai Emblem Club - Consent Agenda MOTION: Councilman Smalley moved for approval of the amended agenda, seconded by Council ' VOTE: Motion passed by Unanimous Consent 4. Consent Agenda Approved as submitted. 8 . SCHEDULED PUBT-.+=C COMMB:ZgW (10 Minutes) 1. Larry Powers W Lease of Sub -Tideland Without.Engineer's Stamped Drawings Mr. Powers not in attendance, Mr. Miller is taken first. B. 2. Mr. & Mrs. J'ohnpj Miller - Snow Removal. Mr. Johnny Miller, Alder Street, Kenai: What we were complaining about is the snow removal in Woodland and through the town.. We called in to City Hall numerous times and got the same reply, we, don't have the manpower'.nor M KENAI CITY COUNCIL March 7, 1990 Page 2 the money. Which is understandable in some circumstances I guess. My father worked as a city employee in a different city for about 15 years and I talked to him about it and he told me some ideas that I would like. to give you and I'm sure you've already thought about it. one idea is appropriating more money for snow removal. It's been a pretty big inconvenience for a lot of people this year. For us its been a real bad inconvenience. For Soldotna too. I know there was a situation where some city employees received traffic tickets for not removing the snow and an ambulance was called to a residence and got stuck. I guess to make sure that wouldn't happen I would think something could be done about it. I know this year has been really bad with the snow, but ... this is Alaska. I'm sure some of you had trouble this winter unless you have 4-wheel drives. I don't and I hope something can be done about it for next year. e Councilman Smalley: Has the situation been remedied now. Answer yes. The snow has been cleared but even at that the road has one lane traffic. In Woodland it is, I don't know about the rest of the town. I work out of town. I understand the airport is the number one priority, I realize that. But, the snow is cleared now, the roads are down to one lane, the snow berms are high, it's the same thing I'm sure you've heard before.. The reason I'm concerned is that it was my sister the ambulance had to go to and the ambulance got stuck in front of her house because the snow. wasn't removed. it could get serious. Councilwoman Swarner: Are you willing to pay more taxes in order to have the snow removed in a speedier fashion. Mr. Miller: I don't see why not. Councilwoman Swarner: Do you own your home? Answer yes. My wife couldn't make it to work one day. it was like 3 F.M. before the snow even got removed to where we could get out. The snow was 6' to 8 ' deep and our car couldn't make it around the corner. Councilwoman O'Reilly: I can appreciate your comments, I was in a similar situation. I got a ride to school one day, someone came and got me. It was difficult and yet I think the City of Kenai has done a fantastic job in the past 10 days considering the amount of snowfall which we both agree is unusual. It put me in mind a little bit of when I lived back east and when we got 6" to loll of snow, everything shut down. As you say, this is Alaska. I think it was an extraordinarily unusual situation and I think the department did an excellent job. Granted, that doesn't answer your particular problem. Councilwoman Swarner: That was in Soldotna, right? Mr. Miller: Yes. I'm not comparing the two towns at all, I'm just saying before something like that happened here, and before the city got in trouble for anything serious I would think somebody would do something about it. Councilwoman Swarner: I wasn't here during the snowfall, I was in Fairbanks, and they don't clear their streets for like a month at a time. They have a downtown schedule of like two weeks and they've had lots of snow already. There are a lot of bumps. Keith, when it comes tame for budget I would like you to have same figures on the cost of alleviating CITY COUNCIL ', ' 1990 how 'of the berg in the drtvewa s. more it would cost Y I've talked and white so we in manpower. about this before. to pay for it can compare it so at bud et ething We could Or it would b g time have in black e considered, Councilwomanf People are willing Councilman Walker: Monfor $ be required Also include in that areas• at in addition to the prices of least one new the manpower. The W8 egUAMent that WOUId Whatever you need grader and another y I see it it would • a part time em loader. Councilwoman take PW Director ployeQ, a contractor, Whatever, I passed that ornglis: We did stud Price of equipment. before. Councilwomann Swarnerthatt one in 4uipment. 1978 and one 1g81• equipment would be PW Director Kornelis; That didn't include the front end loader needed. Councilman Walker. Not the today and it : Incidentallyprice but what Mr. Miller: was about $1750000 for a 966-CI Priced a Instead of buying all Year round, what new equipment that companies in the winter. city Of Soldotna Would be sitting That would s does is contract out g around Councilman Smalley: save on buying the machinery private blower and That's Partially correct, I think the maintenance on the y contract the trucks to Y use but than haul so they their own graders, and blowers. other thatdon't have other problem., And even that its their snowfall that we Its been unusual does have its manpower, in light get at an the last two Problems. There are 9ht of the amount Y one time, I a ree Years, the amount of fantastic job of snowfall We g with Councilwoman 0' but the • Granted, not ever got I think the Cit Reilly, Y do their best. y street is goingy has done a real in Denver for 35 I saw the news to get the s hours. tonight, there's been vehiclthing, stu g, 8-1• Larry Powers -. stuck Drawin s Lease °f Sub -Tideland Without En Mr. Powers Engineer's Stamped Note: preBented drawings which did Mr. Powers' comments are verbatim. not make it in time ifie for the packet. Mr, Powers, Kenai the Kenai River resident for 30 To do so I� as well as a Years: I'm read m going to need todo a lotaul i haul boats ° put a dock down on need to have a drawinglot like out up to 150 engineer before that s been is on your drawing tons. I can lease this s done by an g there. I I want to ub tideland from engineer, stamped by an show you what � the City. that goes down underneath m going to be be Pullin that floatin Putting on the Property. layingg my large craft out g dock is concrete y' The ramp on during low water will of the water on• this is what I'll and he said there was be concrete, What the dock will be on the dry ground no building Permit necessary to Howard Will be I don t know about building e Y for concrete slab Y used for the boat Of that concrete slabhaul. The floatingpermits for the so it won't ever be dock will ramp that sitting on the tideland ght on top and itself. KENAI CITY COUNCIL March 7, 1990 Page 4 , I guess, at this point, its unclear to me ... as well as the concrete pad that goes underneath my dock, I'll also have anchors out on the end of the dock that will be going into the tideland, they'll never be exposed at low water though. Neither will the end of my dock, be sitting on the mud at low water. At a minus 5' t id8 the end of my boat ramp will still be under about 3' of water. What I'm wanting to ask the Council is if they would consider leasing me this property without an engineered drawing, beings that all I'm going to be putting on the City property i that concrete the last week P I had a 54's xdow 84n underneath for my boat haul. I spent building that was stamped by an engineer that crashed clear to the ground. destroying nearly everything I have in my e than•300've been a welder and boats around here and fabricator for 15 years and have built more so far none of my boats have sunk or been destroyed by any of the forces of nature. ing This dock in the picture is one that hhave lastpf iveased yearend has been in Washingtonand in the water and working fine fore I have no reason to believe it won't work perfectly for me here, even though there are no engineered drawings of that dock. The dock won't be here for me to have an engineer look at it and do that sort of thing unt%l the middle of May and I' m going to want to have it in the water by the end of May and it will only take me adays leaseput prior todock that.the l would but I'm going to need to have my tideland like to starting pulling big boats out by the middle of May. I have several of them that are slated to get pulled out then. I don't have, on this drawing a very good picture of where the river bank is and so forth, but where the dock starts at the top of the ramp is basically 4' above mean high tide. Note: The remaining portion taken from Clerk's notes. Vice Mayor Measles asked for comments from the Public Works Director. I view this as same as he did last year. Tidelands are owned by the City te and we need reassurance that it will not come loose and damage boats. need to come back and say registered professional didthiswith Mr engineer said we Dragseth Could We do this. it helps our liability. required this from Larry Powers last year and it did not go through. I think it is wise to do this again this year. Vice Mayor Measles: Will this Wha fis attached to city land ws of Engineers illtnot be Powers: I already have that. like Mr. Dragseth's. It is not attached. I don't think it will come out. Nor will anchors or concrete. That will not break loose and go down river. I have general liability insurance and am required to have insurance to lease from the City. if my dock breaks loose and destroys property it will reflect on me and not on the City. Councilwoman O'Reilly: You had a Corp of Engineers permit? a as that part of the process to submit a drawing? Mr. Powers: Yes. X Rice. He is not a design engineer. He is not licensed to do this. He . � V KENAI CITY COUNCIL March 7, 1990 Page 5 did not put a stamp on it. Homer Hydraulics is only one qualified and his dock just caved in. The dock won't be here until May. I have already purchased it. It has been working for five years. It is all aluminum, 16' wide, and can drive 20 tons down the middle of it. I believe the city. one is the same. I will not be needing fork lifts very often on it. If it does break loose it will be like a 40' boat drifting loose. Councilman Smalley: Would you have a problem getting a hold of the Homer engineer to certify this? I think the City will require this. Mr. Powers: Yes, but it is still in Washington and I will not have it here until May 12th. There are no engineer drawings on it. It has been floating in Anacortes for five years. They did not require one. I would have no problem with getting drawings after it gets here. Councilman Smalley: Is it possible to receive documents by mail with specs? Mr. Powers: I have specs, just no drawings. It was in a boat yard in Snohomish that engineered and built it. Councilman Walker: Is it possible to have an engineer look at it where it is and have it sent to you? This drawing does not have specs, but if it is stamped by a licensed engineer, it should be acceptable for approval. Mr. Powers: The dock is setting in water and has little free board. The engineer said until it is out of the water he cannot tell what it is. The agreement with the owner is that they can use it until April 15th and then bring it up here. As soon as it comes out of the water I can get it done, but I want this dock and have paid for it. Before I float it in the Kenai River I will submit an engineers hamped drawings to Council but I need to. lease so I can start. I want the boat haul -out and 200' building for boat repairs and major boat yard. I will want this dock. I need to move on with the ramp. I don't want it to be a last minutes deal. Councilman Walker: Would it be possible to write lease documents with certified document with engineers stamp before the dock goes in? Attorney Rogers: We could. My concern is we will be getting into negotiating without set procedures. We have required this of others. We could draft a document with requirements. Enforcement would be a problem. What happens if there is substantial amount of funds expended and it is not, done? Councilwoman O'Reilly: The lease is being advertised, have there been any responses? Administrative Assistant Howard: No. I have not received any. April 3rd is the deadline. There would have to be notice in the newspaper for public hearings at the Planning Commission and Council. Vice Mayor Measles: What would be the time frame? Answer, about May let. Vice Mayor Measles: Even without the engineers drawings it would be mid May. Administrative Assistant Howard: It would be putting it close. PW Director Kornelis: We have four engineers in 4he city that could do this. They could pull one module out where it sits and do drawing on this. Also,, regarding the Corps permit, it is part of the lease requirements. We have not seen this permit. If you plan on using the one you had last time, it is different now. e. . • r • F KENAI CITY COUNCIL March 7, 1990 Page 6 Mr. Powers: That's correct. The original permit was for a narrower boat haul -out, wooden dock, and this is amended for longer boats. PW Director Kornelis: We would have to see the Corps permit. Administrative Assistant Howard: There would have to be an appraisal that would be another two weeks. Vice Mayor Measles: So it would be late -May at the least. PW Director Kornelis: Assuming he was successful bidder. Councilman Smalley: What happens if there is an unsuccessful bidder who meets the code? Attorney Rogers: You cannot waive requirements for one and not for all. To waive procedures would not be in the best interests of the city. The deep pocket would be city not applicant. Mr. Powers: As far as I know, I am the only shipwright in town. I just build boats outside the city. If it were in the city you would get sales tax. If you look at who would be the best for the proposal it would be me. I am the only one capable of holding this job. Vice Mayor Measles: The question is not who is best for the job but are we going to waive requirements. Councilman Smalley: Could you contact k-k,& builder in Snohomish? Mr. Powers: I did but it was five years ago. The do not have them. Councilman Smalley: I would encourage you to continue looking. I will not support a waiver. It would put the city in jeopardy. Councilman Walker: I believe that by the time this lease was received if you were the highest bidder, would you have the documents? Mr. Power: Yes. As long as the Council would approve. What I will do is submit the application for just the ramp. Forget the dock. I will get that later. But I think it is a substantial loss to the city. Vice Mayor Measles: Either way, the lease will not be completed until the middle of May no matter what you do. Mr. Powers: I just want to make sure I can get the lease before I go too far. If the city finds they don't want me to complete with me, I am just doing the best I can with what I have. Councilman Smalley: If his lease comes out for pull-out, can he modify it at any time if he gets the requirements? Attorney Rogers: We have done lease modifications before. He can petition for that. PW Director Kornelis: He would have to have some requirements. Councilman Smalley: But he would have time. PW Director Kornelis: He would have to come to the city before putting the dock in. Vice Mayor Measles: Will you resubmit? Mr. Powers: Yes, for the ramp and anchors. PW Director Kornelis: What would be the purpose of anchors if you do not have a dock? Mr. Powers: I may do most I can as I can. I will have drawings prior to my lease. Last year I started the lease application too late. I got the dock at a real good price. • C . PUF3T.�IC HEARINGS J et Sum Deputy ty Clerk i • E KENAI CITY COUNCIL MARCH 71 1990 PAGE 7 C-1 Ord. 1359-90 - Amend Rev. Estimates in Capital Projects Funds - Expenditure of 1984 Legislative Road Grant., MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Res. 90-07 - Transf of Funds - General Fund Purchase Humidifier for City Hall - $2, 850 Vice Mayor Measles. There are typing errors, they have been corrected on the original resolution. MOTION: Councilman Smalley moved, seconded by Councilman Walker, to approve the resolution. There was no public comment. Motion passed by unanimous consent. C-3 Res. 90-09 - Transf of Funds - Airport Land Fund - Overtime - $4,200 MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to approve the resolution. There was no public comment. Councilman Smalley. This is snow removal money? Answer - yes. Motion passed by unanimous consent. C-4 Res. 90-10 - Confirming Assessment Roll - Candlelight\Linwood - Fixing Payment MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve the resolution. . PUBLIC CONTENT: protesting the assessment for and Wilers since we we are a non-profit organization should be treated differently than property of he owners. The City is actually ownerbutthereis 'a property. We lease.for $1 per year clause in the contract that if WeTcease to exist my all reverts to the City intact knowledge, have not received any information on this deal after it was done. The reason is, the letter was addressed to General Delivery The City has the correct eneraldDelivery,hbu snot sometimes delivers G always. If it does not have the correct address, we don't always receive it. When we did receive it, we discussed it with the City and some Council members and were told we would not have to pay. We would like to have this postponed till City Manager Brighton can put something into it. Councilman Walker. The City Manager and some Council - which Cou�eicn embirwas of doing the Councilman Measles talking, I was not aware of this till I received the letter. Vice Mayor Measles. I did not make any statement to anyone that ownnesthisldpossibly afternot have to aCity Rather than postpo could Manager Brighton returns►romithetem assessme teroll* brought back separately f Finance Director Brown. Council agreementadopt dothe not roll as is and if there issome know about, the City cohwculd stand as assessment. Then the assessment is. I don't know of any other way. I do not know of any legitimate way. Notices were sent to the addresses on the Borough tax roll. Ithe don't think they should not pay. They belong on Vice Mayor Measles. That could be done by another resolution. Councilman Walker. (to Finance Director Brown) It does not seem any assessment is very high. Have YOU had a number of responses as toor Srownr they butla pay in a lump Sum? o notFinance understand thise of people Councilwoman O'Reilly. What date did the notices go out? Finance Director Brown. About•24 days ago* Motion pasY sed b unanimous consent• n MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to approve the resolution. There was no publc.comme0t. Motion passed by unanimous consent. C-6 Res. 90-12 - Confirming Assessment Roll - E. Aliak/Highbush - Fixing Payment MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve the resolution. PUBLIC COMMENT: a. Dorothy Howell, 506 Highbush, Kenai. I am pleased with the paving. I don't mind that but we are being assessed for property that was not paved and I don't think that is fair.. Lot 1,2.& 3, right past lot 104 that we own. It was paved to.the end of those 2 acres. Finance Director Brown. The Code says the property is assessed if it is adjacent to paving or improvements. The practice we have followed for 10 years is to make an arc for assessments. Mrs. Howell. Why? We.are not getting anything, for our money. Finance Director Brown. Because there is pavement to your property line. Public Works Director Korneliss. It does not make a difference to the City - f inances . I f we ' took them off it would be charged to other property owners. But this is how the Code is interpreted. Mrs. Howell. What will happen if and when it is paved? Will that part be.taken off that we paid? or will we have to.pay double? Public Works Director,Kornelis.. It has never happened before. Probably we would not charge what has been paved. If you have a government lot, you go 150.ft. back. if it is .subdivided, You do the whole lot... Vice Mayor Measles. You have control over that because there is.no dedicated right of wax. It could only be paved if you dedicated part to put a road there • �J KENAI CITY COUNCIL MARCH 7, 1990 PAGE 10 VOTE: Motion passed by unanimous consent. C-7 Res. 90-13 - Confirming Assessment Roll � Lawton - pixing payment MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to approve the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Renewal of Liquor License - The Rig Bar C-9 Renewal of Liquor License - Kenai Joe's Approved by Consent Agenda. C-10 Renewal of Liquor License - Italian Gardens Little Ski -No vice Mayor Measles. it Gardens is okay, Administration is requesting postponement for Little Ski No till March 21 meeting. MOTION: Councilman Smalley moved, seconded byCouncilwoman O'Reilly, to send a letter of Bd.nfoction to roIte alian Gardens, and Alcoholic Beverage control postpone action on Little Ski No till March-21 meeting D• D-1 D-2 D-3 Motion passed by unanimous consent. COMMISSION/CgEWE_ RTS Council on Aging Councilwoman Swarner. Congregate Housing. Airport Commission Things are looking up for None Economic Development Commission None Is • t C� Dw4 Harbor Commission None D-5 Library Commission None D.6 Parks & Recreation Commission None D-7 Planning & Zoning Commission None D-8 t4isc. Commissions & Committees E�1 a. Councilman Walker. I attended a meeting at Univ. of Alaska Feb. 26 regarding the Helicopter Cold Water Recovery School. I met with a lot of opposition. I was an Ad Hoc member. The synopsis is the military would like to have it within one hour of Anchorage. We need to continue to apply political pressure if we want it in Kenai. We made our statements regarding use of the land and utilities. There were comments from Sitka that if they had known it was open to lobbying they would have had theirs. I said we have been in on this from the start. There are 3 locations to consider, 2 in Anchorage and one here. I will have a report at the next meeting. It looked bleak by the end of the meeting unless we can override military concerns. We did not get much support from the oil industry. b. Councilwoman Swarner. I was not at the Beautification Comm. meeting. The last page has a motion for Public Works Director Kornelis to check on a boom truck. Was that done? Public Works Director Kornelis. yes, I met with the committeee it is a 1964 International truck, it would be difficult to get parts. Regular Meeting, Feb. 21, 1990 Approved by Consent Agenda. KENAi CITY COUNCIL MARCH 7 , 1990 PAGE 12 F-2 Sen. Fischer - Kenai Picture F-3 Council on Aging -�. Thanks to City F-4 Commissioner- Merculieff, Alaska COD - Alaska Industrial Development &Export Authority. Approved by Consent Agenda. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilman Smalley moved,.seconded"by Councilman Walker, to approve the requisitions as submitted. Motion passed by unanimous consent.. H-3 Ord. 1360-90 - Increase Rev/Appns - Sewer Treatment Plant Modifications, 1990 - $64f8OO H-4 Games of Chance & Skill - CAP, Alaska Approved by Consent Agenda. H-5 Disc. - Request Borough Mayor to Provide Free, Non -Commercial Waste Disposal Facility at Kenai Landfill Site a. Waste Disposal Facilities in 1st Class & Home Rule Cities, Seasonal Locations &.Receiving Stations Vice Mayor Measles. Additional information was passed out to Council during Break. K,ENAI CITY . COUNCIL NCH 71 1990 PAGE 13 City to close the site, it will be closed some time in May or June 1990. There is no projection at this time to have a transfer site operated by the Borough for City benefit. Res. 90-11 is to lease to private enterprise. But when the . disposal of garbage is being paid for by user fees it should be across-the-board in the Borough. Seward pays $15 per month whether they use it or not. But we are talking about user fees for disposal of garbage. We had hoped to have representation by the City but in talking to Clerk Ruotsala, no one was available to come. You will. have a chance to make a presentation at the April 3 Assembly meeting. Regarding the 5 acre lease, it has not been specifically dedicated. The proposed lessee is looking at one area, the Borough administration is looking at a different area. In Feb. the City Council suggested that Administration contact the Borough. To my knowledge, no comments have been made. Do Finance Director Brown or Vice Mayor Measles know of any? Admin. Asst. Howard. City Manager Brighton called Mayor Gilman. Assemblywoman Glick. Nothing at this time? Answer - no. Councilman Walker. What fees do people in Homer and Ninilchik pay? Assemblywoman Glick. There are no fees for any other area for disposal of garbage. Homer has a baler facility. We had a $4 Million bond issue in Seward for a baler facility. But because of high water table, we may have to close the Seward facility and truck to Soldotna. Councilman Smalley. The original proposal we got said the committee was requesting the Borough Mayor provide free facilities. In substitute Res. 90-11 there is nothing regarding it being free. Assemblywoman Glick. Right. Assemblyman Nash said !ast night that he will make amendments to this, but we have resolution 90-19 that requests that till such time user fees are on a Borough -wide basis, the City be provided service with no charge. Councilman Smalley. Does it have to be rezoned for commercial? Public Works Director Kornelis. • Yes, City Manager Brighton talked to Borough Mayor Gilman and Assemblyman Nash regarding this. Assemblyman Nash felt these resolutions were going to pass and that it would be resolved. City Manager Brighton thought it was being taken care of. He may not be aware of Res. 90-11 , • E • KENAI CITY COUNCIL MARCH 7, 1990 PAGE 14 Assemblywoman Glick. Regarding zoning, Councilman Smalley is correct. The site is 90+ acres, 45 acres is used for landfill. The Borough Land Commission has requested rezoning of the 45 acres. I am requesting the City look at Res. 90-11, what do you think of it, shall we object to it or make an amendment? I would like input on Res. 90-19. I have a survey by Sky Carver, proposing to lease. Approximately 57% of the City residents utilize his services for collection at home. A number of people went to this when the City dump was proposed to close. Public Works Director Kornelis. It says 15 miles in the ordinance. It appears our land fill is 15-1/2 miles from the Soldotna one. Would that include transfer site? Assemblywoman Glick. No, we discussed this. If you measure from one point of the City it may be too far. They made the decision that Soldotna and Nikiski would be utilized. When I was on Council there was a member that was very vociferous regarding closing. Not much was done, but some have added their voices so it has come to an end. Public Works Director Kornelis. We gave the Borough Clerk a packet on the land fill. Does Assemblywoman Glick want copies? We have been getting extensions since 1982. Councilwoman Glick. The Clerk may have been getting it for the Solid Waste Disposal Committee. They will be reviewing and giving recommendations. I would like that information. Councilman Walker. Regarding Res. 90-19 and Res. 90-11, you said 57% of Kenai people use Sky Carver's service. That leaves 43% hauling their own. Res. 90-19 says at the same site. That will have to be discussed at P&Z. The site we have is being closed for a number of reasons. It has been in the works for a number of years. The Borough has had a number of years to resolve this. The Borough Mayor has said he does not want to have service for Kenai. That leaves about 2,000 people that will have to haul their garbage. The final site is up to the Borough. But it is the responsibility of the Borough to take care of solid waste. I don't see they are doing this. Unless everyone in the Borough is paying the same amount, I think it is up to the Borough. There ..94i, �e mv*rn traffic and hassle. The Borough • • JMNAI CITY COUNCIL MARCH 7, 1990 PAGE 15 should take a stronger look at providing a site at a place of the City s choosing. Assemblywoman Glick. These points have been made at Borough meetings regarding the number o people not utilizing the serhice and hway. thenumber would be in the that would be on the g City's best interest to make a�.ut onntot�ut.itr. a site. This is a short term s where the current land fill is. The Solid Waste Committee is looking at a �utu�rml$olutiono would ask Fees are certainly in the re that Council review this and get an opinion ith you to the local legislators and we will work Vice Mayor Measles. We appreciate the efforts of Assemblywoman Glick and the other Borough representatives. We will have people at the next ., meeting and apologize for not having people at the last one. Councilwoman O'Reilly suggested a work session at the March 21 meeting at 6:30• Clerk Ruotsala to add this to the meeting notice. Councilman Smalley suggested inviting P&Z. Council agreed to the suggestions. H-6 Disc. - sub -Surface Rights for City Properties Admin. Asst. Howard. Some of the properties are not City lands. The letter saa3ptotion makeianCobjection or property. We have till April comments. The 1st map in the packet shows is the mp rt from the post off ice. The one behind is y airpo land, a lot of the land is privately owned. MOTION: Councilman Walker moved, seconded by Councilwoman run it O'Reilly, to write a letter of objection through the Legal Dept. The letter would cover items listed on the map. Councilman Walker. It is in the best interests of the City to object to this to cover suthinface onttheBsurfaae Conceivably they can tear down anythine to get what is below the surface. Vice Mayor He requested Administration draft a letters•ofF objection for the March 21 surface iowners?tyAnswer - yes. protection ng. At of H-7 Approval - By -Laws Amendments - Council on Aging KENAI CITY COUNCIL MARCH 7, 1990 PAGE 16 Vice Mayor Measles. How is this different? Councilwoman Swarner. Then previous annual.meeting was in January. This year terms of 3 members expired in. December and`new ones were not all there in'January. Program Director Porter. Three members were officers. We had no officers in the January meeting. We felt it was better to elect officers in March. MOTION: Councilwoman Swarner moved, seconded by.Councilwoman O'Reilly, to adopt the amendments to the By -Laws. Councilwoman Swarner. The Council on Aging has approved this. Councilman Walker. If the annual meeting is in March and terms expire in December, the meetings are bi-monthly, would there be another meeting? Councilwoman Swarner. There would be a January meeting. Councilman Walker. Who would chair? Councilwoman Swarner. This year they all expired, but they could select someone. Councilman Smalley. This does not solve the problem. Councilwoman Swarner. We had ash in January and that compounded the problem. This can be re -worded. Councilman Smalley. They could work with Administration to draft it. VOTE (Failed): Motion failed unanimously by roll.call vote. H-8 Disc. - Symposium - Leadership Ethics - April 3-4 - Juneau - AML Councilman Smalley. I have a concern of hiring someone. at $75,000 to teach ethics to the legislators,.from outside. Councilwoman O'Reilly. I take offense. I don't think you get ethics from consultants. You have them and operate based on them. I don't think you can be taught. No action by.Council. • • KENAI CITY COUNCIL MARCH 7, 1990 PAGE 17 Atty. Rogers. (Distributed amendment) Airport Manager Ernst and I have no problem. I recommend one year... The primary interest of the City was seeing the City advertised. As it is set up now, there is'a 4-minute video. PUBLIC COMMENT: a. Red Goodwin, Keen'Eye Video. That 4 min. will, be disbursed throughout the video. Also a."touch screen" will be dedicated to the airport. The term on the 1st permit may include to June 30. and. one additional year. Atty. Rogers. Fourteen months for the initial year. MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to approve the permit with amendment. Councilwoman Swarner. I don't see anything that Mr. Goodwin should be current on sales tax. Atty. Rogers. We won't execute till this is verified. MOTION, Amendment: Councilwoman Swarner moved, seconded by Councilman Smalley, to amend the motion that he must be current on sales tax. Motion, with amendment, passed by unanimous consent. H-10 Games of Chance & Skill - League of Women Voters of Alaska H-11 Games of Chance & Skill - American Legion Auxiliary #20 H-12 Games of Chance & Skill - Peninsula oilers H-13 Games of Chance & Skill - Emblem Club #455 Approved by Consent Agenda. I. ADMINISTRATION REPORTS I-1 Mayor Vice Mayor Measles spoke. • 11 • KENAI CITY COUNCIL MARCH 7, 1990 PAGE 18 Clerk Ruotsala. Assemblyman Brown called March 6. and explained the public hearing will be March 2Q, He was going to try to come to the Council meeting. this date. He wanted to know the City's feeli�nga on the ordinance - if the City wanted to have an election within the City, if the City wanted.to, conform to the Borough election, or if they had : any other concerns. Councilwoman O'Reilly. I can see a terrible problem with closing outside cities different than inside cities. Whatever happens, it should be Borough -wide but we should see what the Borough does. PUBLIC COMMENT: Assemblywoman Glick. There is going to be a proposed substitute at the March 20 meeting that would prohibit alcohol beverages in all areas of the Borough. It would be a ballot issue. Discussion was regarding traffic from outside cities to inside cities. Seward enacted an ordinance and it was challenged. It was on, the ballot and passed to close at 2:00 AM. Seward asked the Borough to put this on the ballot. Vice Mayor Measles. This ordinance puts it on the ballot? Assemblywoman Glick. On an area -wide basis. I will give copies of the amendment to Clerk Ruotsala for distribution. b. A letter from the Alaska Environmental Lobby Inc., distributed this date regarding municipal assistance for the oil response fund. Council took no action. I-2 City Manager Acting City Manager Brown one of our ambulances when It will be better equipped 1-3 Attorney Atty. Rogers spoke. reported, we loaned Nikiski theirs was damaged by snow. then it was before. a. The Cook inlet Housing Authority agreement draft is done. It will be at the April 4 meeting. A representative will be at that meeting. b. At the March 21 or April 4 meeting, we to have an executive session to discuss litigation, will have • KENAI CITY COUNCIL MARCH 7, 1990 PAGE 19' c. I will be gone for the Alaska. Bar Assoc., meeting for City business. I will have..personal leave can both ends of that. d. The indemnification.agreement'previously discussed regarding police officers, Haffman..aud,Rouse, has been signed off. I-9 Clerk None I-5 Finance Director None a I-6 Public Works Director None I-7 Airport Manager Airport Manager Ernst spoke. a. Mr. Schilling will try his bestto get open March 11 (Airport Bar). It looks like he will make .it. He has done an exceptional.job. b. Thanks to Kenai Air for 2 hours helicopter time • for animal control, the cost would have been $10080. c. Vice Mayor Measles.. What is the status on the display -of the platform? Airport Manager Ernst. They will startconstruction next week. They will probably put up 2 temporary walls -to -secure . - vice Mayor Measles. How long?: Mr. Ernst. About one week to.finish, three days to put the model together. J. DISCUSSION J-1 Citizens ae Barbara Waters,311 Kulila,:,Xenai.:, Assemblywoman Glick mentioned the questionnaire done by phone through Peninsula Sanitation. (.She.:distribued the questionnaire), it wss very infortmal, . done by,_ an agency in the area. He contacted the 283 phone prefixes, 255. home dwellers .I found the .numbers interesting'. 102..of. 255 are now using private service. Before next:meeting'this.could'be in the newspapers.or we. could have a phone survey.' Somehow weVshou,1d, . be able. to find.: out what the i� KENAI CITY COUNCIL MARCH 7, 1990 PAgp 2 0 people want. I pay for mine through pick-up, Basically people in the area, are close enough to.a transfer site. if they start putting free. transfer sites Haack here or elsewhere, they may have to put one back at Robinson's, Log cabin gift Shop, etc, They were very popular, but were"not used very nicely. In our business we have,a. dumpster. We are on a will call basis. I have a' concern that when the land fill closes, it will be, used by many people. That is a concern for other business owners. These are things you should look at. I would like to see some kind of survey or public input as to what people want. J-2 Council a. Councilman Walker. I would like to hear from the public regarding solid waste. I have heard so far that they want a transfer site.but do not want to pay for it. b. Councilman Walker. Regarding the request from Mayor Williams to locate pictures of platforms. I have contacted the oil companies and they will provide them for the airport. C. Councilwoman Swarner. We take our garbage. d. Councilwoman Swarner. I noted cars parked on the streets. Have you been hauling cars? Public Works Director Kornelis replied, quite a few. Councilwoman Swarner. Keep on doing it. e. Councilman Smalley. We take our garbage to the land fill. We were polled. f. Councilman Smalley. I will not be here March 21. K. ADJOURNMENT Meeting adjourned at 9:40 PM. Janet Ruotsala, CMC City Clerk • APIV11 �` V00 By COUNCIL DATE f�TY. CC d •. 1791-1991 CITY OF KENAI *WNW= it 10% "1"1 vd F&AVSe TO: Janet Ruotsala, Clerk y of Kenai PRO J. Rogers, City Attorney Otnothy y of Kenai DATE: March 26, 1990 RE: Kenneth W. Cole v. Nathan Callahan; David Hoffman; and Jess Rouse, Case No. A86-323 CXV. Attached lease find a cop y py of a letter indemnifying Officers Hoffman and Rouse in the above -referenced matter. Reference was made to the indemnification, entering the letter on record, during the Attorney's Report at the March 7, 1990 Kenai City Council Meeting. Please file this letter with your minutes of the March 7, 1990 Council Meeting. Thank you. TJR/clf Attachment C� rIca 1791-7981 CITY OF KENAI ".0d Cap" 210 FIDAL00 KENAI, ALASKA 09di1. TgLEPHONS 283.7535 FAX 907-283.3014 January 18, 1990 Officer Jesse Rouse Officer David Hoffman Kenai Police Department Kenai Police Department 107 South Willow Street 107 South Willow Street Kenai, AK 99611 Kenai, AK 99611 RE: Kenneth V. Cole V. Nathan Callahan; David Hoffman; and Jess Rouse, Case No. A86-323 CIV. A summons and complaint in the above -entitled lawsuit have been served on you as a named defendant. The complaint alleges among other things, that on June 16, 1986, you acted illegally and deprived the Plaintiff of certain rights, privileges and immunities. The complaint seeks compensatory damages and alleges conduct which, if proved, could result in an award for punitive damages. Pursuant to the provisions of the Kenai Municipal Code, the City will defend you in this action and pay any judgment of compensatory damages that might be awarded against you. The City of Kenai has also agreed to pay on your behalf, any award for punitive damages. That decision was made by the City Council at their regular meeting of January 17, 1990 during an executive session which was also attended by the City Attorney. During that executive session, all aspects of the lawsuit were fully disclosed to the City Council and they had an opportunity for inquiry. The Council then unanimously agreed that, regardless of any potential judicial determination, you 1. acted in good faith within your scope of employment; 2. were neither negligent nor reckless in your actions regarding the subject matter of the lawsuit 3. acted in the best interest of the City of Kenai. For the above reasons, the City Council of the City of Kenai found it to be in the best interest of the City of Kenai to agree to pay all compensatory or punitive damages which may be awarded against you. 04 Officers Hoffman and Rouse, Kenai Police Department January 18, 1990 Page 2 of 3 The City Attorney's office or assigned insurance counsel will represent you in this lawsuit. If at any time, you desire to have private counsel defend you in this action, please inform the City Manager and City Attorney, in writing, of your desire. CITY OF KENAI Timothy J. Rogers City Attorn Joh)orA. Williams, Date Ray and Meal es, Date „Vice Mayor n Christine Hoif'br, ate Councilmember Hal Smalley, Date Councilmember Kevin Walker Date Councilmember Mar j O • �leil�y; _ Date Councilmember Councilmember I hereby request the Kenai City Attorneys office or assigned insurance counsel to defend me with the knowledge that in the event a judgment is rendered against me, it will be the responsibility of the City of Kenai to pay said judgment, including any compensatory and punitive damages which may be awarded, because the City Council of the City of Kenai., acting in its sole discretion, found all of the three criteria on page one hereof to exist. DATED: 3 - �-r - 7 0 0 Officer DW411A Hoffman Kenai Police Department 0.1 Officers Hoffman and Rouse, Kenai Police Department January 18 , 1990 Page 3 of 3 I hereby request the Kenai. City Attorn®y'.s office or assigned. insurance counsel tb deiand me with the knowl.ed0e that in the event ..:a judgment is rendered against met .it.will,be.the, responsib3.lity, of the City of Kenai:. .to Pay said: judgement, including any .compensatory and punitive damages which may be'. awarded, because the City Council of.ther City of Kenai, acting in its sale discretion, found all o. the three..criteria on page one hereof to exist. IC-7 tc Of fie Jesse Rouse Kenai olice Department • •