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HomeMy WebLinkAbout1990-03-21 Council Minutes• AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 1990 - 7:00 PM WORK SESSION: 6:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk M 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 CIRA Representative Transfer of Sub -Surface ace Rights C. PUBLIC HEARINGS 1. Ordinance 1360-90 - Increasing Rev/Appns - Sewer Treatment Plant Modifications, 1990 - $64,800 a. Approval - Engineering STP-1990 Modifications, Contract to CH2M Hill - $64,800 2. Resolution 90-08 - Support of Formation of Citizens Advisory Committee, Cook Inlet Oil & Gas Industry 3. Resolution 90-14 - Transfer of Funds - Additional Disk Drive for Library Computer System - $10,000 4. *Renewal of Liquor License - Pizza Hut #9 Oaken Keg #58 5. Renewal of Liquor License - .Little Ski No Drive In 1a. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission • • • 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E. MINUTES 1. *Regular Meeting, March 7, 1990 F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *ordinance 1361-90 - Increasing Rev/Appns - Special Assessments on City -Owned Land - $6,826 4. *Ordinance 1362-90 - Increasing Rev/Appns - Council on Aging -Borough Fund - State Grant- $6,700 S. *Games of Chance & Skill - American Legion Post 20 6. *Games of Chance & Skill - National Multiple Sclerosis Society, Alaska Chapter 7. *Games of Chance & Skill - FOE Auxiliary of Aerie #3525 8. *Games of Chance & Skill - Womens Resource & Crisis Center 9. *Games of Chance & Skill - Pioneers of Alaska, Igloo #33 10. Approval - Assignment of Lease - Diamond& Schumacher - GAA 11. Discussion - Kenai Borough Ordinance 90-16 - Sale of Alcoholic Beverages 12. Approval - Application for Lease —Wolverine - Leasing - FBO S/D 13. Approval - Assignment of Lease, Security Purposes - Baldwin - GAA I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk S. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION r•, 'r34 •'•Ty{ KENAI CITY COUNCIL - MARCH 21, 1990 REGULAR MEETING _ KENAI CITY HALL - ��00 PM MINUTES MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER Mayor Williams called the A-1 meeting to order. Pledge of Allegiance A-2 Ro11 Call Present: Ray Measles, Chris Absent. KeVin Walker, John Will, r Marj O'Reill Hal Smalley, Linda Swarnam$ Y, A-3 Agenda Approval er (excused) Mayor Williams spoke. a. Item B_ 1 (Transfer of Sub - will be 2 speakers. Surface b• Item c 2 Right.). there C. (Res. 90-Og) Item C-5 (Li uor ' there will be Will remain on License Renewal 2 speakers. d. Item rethe Consent • Little Ski Mo). Item (Planningdistributed & Zonin Agenda. e• Item H g date, g)• minutes were (Games of delete from a Chance & Skill, pioneers f' Item H- agenda. ), material 0 (Assignment of Lease required passed out this date. 2 motions g• Item g-11 (Boron ions Beverages), ordinarieed f re�Sale o f . March 20, ailed at Alcoholic h. Games of This may not need a Borough meeting Games bated ante & Skill discussion. to Consent Agenda this date-�addna$Central Council - i• Item =_ . Item H-14 and add date. This lei k i s resignation) d �• Council received require9nation distributed this. lediscus, ion. Young Child. g rd.ing Week of the e Councilwoman O'R Monfor, to $ eilly moved, second®d b pprove the agenda as amended Councilwoman Motion pas . sed by unanimous consent. A-4 Consent Agenda .. Mayor Williams noted item H-14 was added to the Consent KENAI CITY COUNCIL MARCH 21, 1990 PAGE 2 Agenda. MOTION: Councilwoman Monfor moved, seconded by Councilman Walker, to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. SCHEDULED PUBLIC CONMT B-1 LIRA Rep. - Transfer of Sub -Surface Rights Ron Swanson, Alaska DNR. This basically involves 3 law suits. 14-G litigation is how revenues are distributed inside and outside oil and gas fields. The State had one opinion, the Feds and Natives had another. The State will retain ownership of the land and get money as a result. The other one involves developing 165 acres in Cannery Loop. Major provisions deal with development of the surface. We don't feel there will be concern. Drainage is fine. Paragraph 9 deals with requirements. Paragraph 22 deals with indemnification. We feel there is no impact in the City. There will be adequate notification to the City if there is any. Mayor Williams. I have been through the report of agreement with the State, Feds and LIRA. There is not much that the City can become involved with at this point. Councilman Walker. The questions were regarding rights as to who controls the surface. We only wanted to have a letter of objection if there was not adequate protection for people who own land there right now. What I have seen says only that it will be conveyed.' If this part is covered, I have no concern. I wanted to see that if there will be development, just give them time for amortization and protection. Mr. Swanson. We have to deal with and mitigate if that is necessary. Mayor Williams. Atty. Rogers has reviewed and has no problem with this. Councilman Walker. My request was for the Legal Dept. to review this. Council did not get a copy of the part. Legal Asst. Graves. mitigation agreement read Council concerns I got the lease agreement and Thursday. It is very thick. I and I think their concerns are' • • n U KENAI CITY COUNCIL MARCH 21, 1990 PAGE 3 adequately covered. I have the draft if Council wishes. Council agreed a letter was not necessary. C. PUBLIC HEARINGS C-1 Ord. 1360-90 - Increase Rev/Appns - Sewer Treatment Plant Modifications, 1990 - $64,800 a. Approval - Engrg STP-1990 Modifications, Contract to CH2M Hill - $64,800 MOTION: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. There was no public comment. Mayor Williams. CH2M Hill was the original contractor? Answer - yes. Mayor Williams. That is why we went with them. Councilman Walker. There will be UV pilot studies as well? Answer - yes. Councilman Walker. What happens to -the equipment'if it. does not work out? Public Works Director Kornelis. it would probably stay with them. It is their equipment. Councilman Walker. It is a sizable amount of money for testing. Public Works Director Kornelis. it is a not -to -exceed amount. Motion passed unanimously by roll call vote. C-la: MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to award the contract for engineering modifications to CH2M Hill for the not -to -exceed amount of $64,806. Motion passed unanimously by roll call vote. C-2 Res. 90-08 - Support of Formation of Citizens Advisory Committee, Cook Inlet Oil & Gas Industry MOTION: CITY COUNCIL 21, 1990 4 Mayor Williams. I have asked for Mark Hutton from Alyeska and Jim Butler from the Kenai Borough to speak to Council. This has been to Council in the past but: things have changed. We have a resolution of our own at this time. PUBLIC COMMENT: a. Mark Hutton, Alyeska, representing Jim Hermiller. This is a time of change, we cannot go back. Everybody must look at a better way to go in the future, as a result of the Exxon disaster. Alyeska has embraced the concept of an open door policy. Part is not as pure as a guru on a mountain, because of government legislation but if you do this ahead of time it is better. What is new with Alyeska as a result of the spill? A new president, new environment representatives, more equipment for response. A regulatory advisory committee is new, the 1st time Alyeska and others have brought people together. Fourteen people from every impacted place, from all walks of life. Jim Butler is one. If you consider a committee, you must consider, what are your objectives? You don't want to go into it with the attitude you will only meet a few times per year. There.have been 4 months actual working time so far in a short time. We want people to fan the fire, not, practice revolt. The environment people will be here whether you.like it or not. But our being there in advance is better. Mayor Williams. We are looking at an advance group for communities that have been more impacted by this than Kenai. Major impact is on fishing in Kenai. I was especially concerned with Mr. Hermiller's comment that, "Unless one is formed soon, one will be formed later." I felt that if it were formed, there should be a representative from the City on it. if it is formed and we have a representative, we should have active participation by having a resolution. I was concerned with the obligation of the City financially and time -wise. I would like to hear more about that. Mr. Hutton. Alyeska has laid out $2 Million but it is worthless unless impacted cities make it so important that they give the process some individually. Two questions: a) Who is it, and b) Are you willing to pay for it? I suggest you get together with other cities for a coalition to decide how you will handle it. Get together lot t;� ''ENAI CITY COUNCIL %RCH 211 1990 GE 5 b. to decide, not how done anyway. You will mold it _ it will be Mayor Williams, Advisory Board wills You saying members of t Million? not be paid from the f he Mr. Hutton. No Will fail unless 15 dedicate diem. But the. to this. If you don't icated entities Process to this ' take time give time the moral responsibility to to you if there is another Will fall Persons it would be important for spill. back fish on their $ city r would think logo, Y that has oil and Mayor Williams. Oil spill foamed The French has the safie committeethatss impacted by an Program. ThepeOPle. They have co still meets and government,, Y were in litigation w the that was Jiff with the Jim B resident Kenai Borough. Of Kenai . I have fished co 4 Year Years, was in Washington D.C,ercially l congressional liaison Burin 2 Years 2 in Cook Inlet. g the and was a scale. It had similarities in a Hay Spill I have been working smaller Gilman for the 9► with 8orou Committee on theBorou h e a regionalgadvisor Oil Spill Committee works The Legislativy impacted co e mmunities, with industry and response, success wouldIhaveatning community response. They must have cit °include citizen Communities have an o izen knowledge. risks of this industrpportunity to understand Progressing in recent Years Industry has been the Having citizens involved wf regardin Problems and limitations. 11 make them swarms' have immediate contact wit Different communities of the spill. This may h the Players as in the past. An advisort antagonistic a of regularly and have construe advisory meetings are distinctions as o what is going dialogue. meet and the Federal legislation• goin There does not thi I Would d°n in AlYeska You want to haveederal le hope Council Million to a Citizens will lmaken is something from impacted itizens Advisor is �l grow s pacted cities Y Comrgittee. Seats p tourism regulatorobenviro representatives' fisherie8, Ch nmental contracting , etc. Money is Chamber of Conunerce infrastructure r scientific work available for Alyeska is the people' etc• information, Y have taken the at happens with they have formed their own bull by the horns committee. The ' r a� • 4 KM I CITY COUNCIL MARCH 21, 1990 PAGE 6 situation here is different. For one committee to Put that much money into a community, they could not afford it. So the Federal Government has proposed funds to prepare one. Recognize there is a chance for Kenai to participate in the committee. One of the benefits of the Alyeska committee is they can participate. With the support of this resolution, you will send a message to the Feds of strong support. Mayor Williams. The donation from the oil industry. It would be from the Feds? Should we amend the resolution? Mr. Butler. I can get a recent draft of Federal Regulations and show you how funding is set up. The Feds will use this as a test model and march it around the country. Mayor Williams. I am reluctant to involve the oil industry in this. The production of Cook Inlet is at the point where major involvement will make it less attractive. We have enough problems with Drift River if we decide to go into this, it will be a long term commitment. I am not clear what the financial involvement of the City will be. if the Feds do the funding, it will be all right. Kodiak and Seldovia have signed resolutions. Mr. Butler. There are others, just supporting the concept. I can provide a list. Councilman Measles. The only objection to funding was from from Alyeska. Why? Mr. Butler. I do not know. We have a letter from Mr. Hermiller supporting it. I will check. Councilman Measles. There is a move for a strong concept that does not include a Citizens Advisory committee following Federal legislation. It is moving rapidly. Regarding funding. There is a big difference between Cook Inlet and Prince William Sound. a) In Prince William Sound, basically Alyeska is the operator. Last year there were 890 vessels in Cook Inlet (not including fishing), 170 were oil tankers or barges. 20% of the barge traffic in Cook Inlet is Oil- Most costs associated with this in Prince William Sound regarding crude is passed on to the buyer of crude. The only place it could be on to in Cook Inlet is to residents of Cook Inlet• I would like to see re -wording of the resolution before we work on it. r , �KENAI CITY COUNCIL MARCH 21, 1990 PAGE 7 Mayor Williams. Could Councilman Measles offer direction on re -wording? We would have a better feeling for legislation. Councilman Measles. We could have it by the April 4 meeting. MOTION, Table: Councilman Measles moved, seconded by councilwoman Monfor, to table the motion to the April 4 meeting. e 0 VOTE, Table: Motion passed by unanimous consent. Mayor Williams asked Mr. Butler to work with Councilman Measles regarding this. a.-4-1-� Janet Ruotsala City Clerk Page 8 XONA= CSTY COUNC=L — REGULA,R MEE'I'XN0 MARCH 210 1. 99 0 — 7: 0 0 ]P.M. XZNA= CITY HALL MAYC7R sOHN a . WX1-,LSAMS , PRRS TOXNO C-3 Resolution 90-14: Transfer of Funds - Additional Disk Drive for Library Computer System $100,00 MOTION: Councilwoman Monfor moved for approval of Resolution 90-14, seconded by, Councilman O'Reilly VOTE: Mayor Williams called for public comments, there were none. • Mayor Williams: To the Library Director, $10,000 for a disk drive for the library computer system, as I recall we have a very special type of computer over at the library is that right? Answer yes. And there is only one type of disk drive that can be bought to put on there? The reason I bring this to your attention, I'm not sure we can retrofit disk drives, but you can buy 120 megabyte disk drive for $1,000. I don't know if you can put it together with your computer or not. Library Director DeForest: Not and keep the maintenance agreement. Mayor Williams: So what we have here is a hybrid system that .... What kind of computer system is it. Library Director DeForest: The computer system itself is an Ultima (sic). Mayor Williams and Director DeForest further discussed the various prices of computers and programs. Finance Director Brown: I bought a separate unit that was 200 megabyte disk drive in 1987 and it cost $8,000. Mayor Williams: Today I could get it for $2,000. Finance Director Brown: Yes, it depends on what you're buying it for. If its a mini computer or mainframe I think they are higher. If you're talking about a micro computer they are cheaper. I was surprised at this price too. Mayor Williams: How old is the computer system at the library now? Director DeForest: Three years. Councilwoman Monfor: That system is 150 isn't it? Director DeForest: That includes the computer and peripheral but the programs themselves are $25,000. Mayor Williams: My objections to it are not that understanding it fully, the system that we now have, I'm really concerned that we're paying a lot of money for the continued proliferation of an antique, even though its three years old. Motion passed unanimously by roll call vote Mayor Williams: Before we spend any more money on that library machinery, In the future we take a hard look at what we have. Mayor Williams: We are facing some very stringent, tough economic times in the not too distant future. I'm talking about two to three years down the road we are going to be faced with a major change in the oil business. i KENAI CITY COUNCIL March 21, 1990 Page 9 C-4 *Renewal_ of Liquor -License - Pizza Hut.#9 Oaken Ke Consent Agenda Item C-5 Renewal of Liquor License - Little Ski Mo Drive In Cierk.Ruotsala: I contacted the Borough this morning and they still haven't worked out things on the tax situation. We are eligible to request a 30 day extension and with Council agreement I will ask for that 30 day extension. MOTION: Councilman Walker moved to request a 30 day extension, seconded by Councilman Measles VOTE: Motion passed by Unanimous Consent Council Recessed V . COMMXSSXON/COMM XrMrMEE. REPORTS do. D-1 Council on Aaina a. Senior Director Porter: The next meeting will be March 22nd at 1:00 P.M.. b. We have been lucky enough to have a hearing on Congregate Housing on the Senate side on March 28th at 1:30 P.M. at the Kenai Senior Center. C. We have. been making fudge and packaging it to Mend it to. Juneau tomorrow to be placed on the legislators tables. Director Porter read the poem that will accompany the fudge. D-2 Air port Commission a. Councilman keasles:. They met last night after the last meeting had no quorum. b. Some of the car rental agencies addressed the Commission asking for consideration of some kind of relief from their lease rates at the airport. The Commission took it under advisement and will take a look at the situation. c. The Commission is moving ahead with the open house and it looks like it may be April 28th. d. The overlay should get started around Nay 1st weather permitting. LJ • KENAI CITY COUNCIL March 21, 1990 Page 10 e. Mayor Williams asked Councilman Walker about the photographs. Councilman Walker stated that he received the first batch this evening. They came to City Hall. So far all have agreed to furnish them, this is just the first batch. Council reviewed the pictures. Mayor Williams requested that when they are all in, the Clerk have them framed for hanging, D-3 Economic Development Commission Mayor Williams introduced the Coughenhower report which was done for the EDC. D-4 Harbor Commission a. Councilman Walker reported that there was a quorum at the last meeting. Mr. Jahrig reported that he does want to remain on the Commission and that since his job in Seward is completed he will be an active member. Mr. Nord, again was absent. The Commission discussed membership heavily. b. The Commission discussed the lease application that was in the Council packet, however, the minutes were not available. c. The Commission discussed the comprehensive plan and reiterate their assignments. d. Mayor Williams recognized an opening on the:. Harbor.. Commission and that one position is vacant and one will be vacant June 1st. Mayor Williams felt that the Commission needs a continued presence on the Kenai River Board and suggested Loretta Breedon who is experienced and a member of the Kenai River Board. MOTION: Councilman Measles moved for approval of the appointment of Loretta Breedon, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent D-5 Library Commission a. Councilwoman Monfor reported that there was no meeting this month, however, the book sale was a huge success. b. Mayor Williams reported that there was an opening on the Library Commission, however, there were no confirmed names. Clerk Raotsala and Director DeForest will go over the names to determine availability. D-6 Parks_& Recreation Commission a. Councilwoman O'Reilly reported that there hasn't been a meeting since February 20th, however, there will be a meeting next Tuesday. t • A KENAI CITY COUNCIL March 21, 1990 Page 11 b. Councilwoman O'Reilly asked if notices of changes in meetings were sent out. Clerk Ruotsala answered yes. D-7 Planning & Zoning Commission a. Mayor.Williams noted a vacancy on the Commission and suggested Mr. Saylor Rehm who has been waiting for some time for appointment. Councilwoman Monfor asked if Nick Miller would be the next candidate. Mayor Williams answered that Mr. Rehm had been waiting for some time and Mr. Miller had already served once before. MOTION: Councilman Walker moved for appointment of Mr. Rehm VOTE: Motion passed by Unanimous Consent • D-8 Misc. Commissions/Committees a. Beautification: Mayor Williams noted the minutes in the packet and that work was moving forward on two new signs. b. Mayor Williams reported that there were several cases of fliers going out advertising the peninsula. City Manager Brighton: Its because of ads they've placed in magazines. People have read the ads and have sent in and requested information. c. Councilwoman Monfor reported that the KV&CB has had over 1,000 inquiries as a result of ads that they placed and we should know by April 3rd if we're getting the grant for the cultural center. The grant is now in Seattle and it looks good. d. Councilman Walker reported on the helicopter cold water recovery school.. "I received a letter from Mr. Cox with the UofA yesterday and enclosed is an initial draft proposal which is somewhat pleasing in that it is at least generic. There are a few problems I see with it, basically on the last page and I'd like to address it here in Council. Under item 6-a, the location is left blank. They are. still trying to hold us to a two hour ground access from a main air center which still leaves Kenai out of the ball park. And the hypobaric chamber on item C-3, I'm still trying to figure out a way around that particular item. I am planning on writing and suggesting that they change the reliable access by ground means to four hours and delete item 3, the hypobaric chamber. At the meeting I attended I suggested it would be nice to have, the chamber but not absolutely necessary. And they were also the ones that suggested ground transport within two hours versus four hours. You might want to note also that they didn't give very much response time so I am going to give him a call tomorrow. I just opened this this evening. City Manager Brighton: I had faxed to me Monday afternoon, a letter from Bob Williams who had written a letter objecting to ... okay I was going r KENAI CITY COUNCIL March 210, 1990 Page 12 to suggest, that I give you a copy of this letter. tonight and .he has objected to the same things that you're objecting to.. He'has pretty good. logic I felt in hid objections. Mayor Williams: . The hypobaric chamber they are talking about makes a good case. In virtually.all.their ebudies.there is no need for one.if you're. not diving below 30 feet. He also 'makes 'a good point with the room costs in Anchorage. Councilman Walker: I didn't,see any problem with those things in the meeting that I attended. Regarding the chamber, there is one thing that the military brought up, the risk of embolism is possible at anything below the 'depth of 6" to 12" of water. But . when you're dealing, with that sort of problem'they, could have that sort of problem in a bath tub. Mayor William: I don't know what our positive chances are of getting this, but in conversations we are going to move this thing towards the Air Guard and Coast Guard budgets. Senator Stevens also sees doing it through the Air Guard budget as a reserve entity instead of a military. E. MINUWES 1. *Regular Meeting, March 7, 1990 Consent Agenda Item IF . CORRESPONDENCE None H. NEW SUSxNESS ° 1. Bills to be Paid, Hills to be Ratified MOTION: Councilwoman O'Reilly moved to pay the, bills over $1,000, seconded by Councilman Walker VOTE: Motion passed by Unanimous Consent H-2 Recmisitions Exceeding, $1,000 MOTION: Councilman Measles moved approval of the requisitions, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent H-3 *Ordinance 1361-90: Increasing Rev/Appns - Special Assessments on City -Owned Lands- $6,826 Consent Agenda Item • KENAI CITY COUNCIL March 21, 1990 Page 13 H-4 *Ordinance 1362-90: Increasing Rev/Appns Council on Aging -Borough Fund - State Grant - $6, 700 Consent Agenda Item H-5 *Games of Chance & Skill - American Legion Post #20 Consent Agenda Item H-b *Games of Chance & Skill - National Multiple Sclerosis Society. Alaska Chapter Consent Agenda Item H-7 *Games of Chance & Skill - FOE Auxiliary of Aerie #3525 Consent Agenda Item H-8 *Games of Chance & Skill - Women's Resource & Crisis Center Consent Agenda Item H-9 *Games of Chance & Skill - Pioneers of Alaska, Igloo #33 Deleted H-10. Approval - Assignment of Lease - Diamond & Schumacher - GAA Mayor Williams noted a letter addressed to the Council from Mr. Baldwin regarding the lease. It says the bank will require an assignment of security. The City Attorney has indicated no problem with the form. Assistant Attorney Graves: The request for assignment of lease and consent to assignment of lease form and assignment for security purposes are pretty much the standard assignment forms that the City always asks. We're not relieving the assignor of any of his obligations under the original lease. MOTION: Councilwoman O'Reilly moved for approval of.the assignment of the lease from David Diamond to Steven and Lindy Schumacher, Lot 1, Block 4, GAA, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent MOTION: Councilman Measles moved for approval of consent to assignment for security purposes from Steven and Lindy Schumacher to NBA, seconded by Councilwoman O'Reilly t s. KEN Al CITY COUNCIL March 21, 1990 Page 14 VOTE: Motion passed by Unanimous Consent H-11 Discussion: Kenai Borough Ordinance 90-16 - Sale of Alcoholic _..._.,.... BeverageB_,_...,,..,.._,......., __,_. Mayor Williams: We took a look at the numbers last night and determined we were in a win -win situation. Yesterday I called the Borough Clerk and asked that our request to hold over be removed. I knew that it would fail, however, I'm sure that when all 15 members come back there may be a re- introduction. Personally, I don't see any need to get .involved in changing the hours for the bars within. However, its my understanding, the way it was written, they were going to bring us back something that we would have to take an action to over ride their ordinance. I have a great deal of problem with the Borough writing laws that require us to take an action. I would rather see them write them in such a way we don't have to take any action. H-,12 Approval:_ Application for Lease - Wolverine L_ina„_ FBBO SID MOTION: Councilwoman Monfor moved approval of the lease application for Wolverine Leasing, Lots 5&6, Block 1, FBO S/D, seconded by Councilwoman O'Reilly Mayor Williams asked if Lot 4 was leased, answer yes. Councilman Measles asked if Mr. Pitts was aware of this lease. Airport Manager Ernst answered that he thought Mr. Pitts was at the. Planning Commission meeting. Councilman Measles: This could have a definite effect on his plans for lot 4. Mayor Williams: I've had some concern about that design as well and I will share some thoughts about adjoining properties if someone chose to come in and lease it. I have no objection to the lease at this point, but I. think we should ask Administration to look into the layout of the helicopter facility there, the ramp and the hangar as it.relates to that storage fuel system. Airport Manager Ernst stated that Mr. Brewer is in the audience. Mayor Williams asked if the Airport Commission had a chance to look this over. Manager Ernst answered that it went directly to the Planning Commission. Mayor Williams answered that the problem is that the Airport Commission should be privy to everything that goes on at that airport and if things of. this nature come up and its not seen by the Airport Commission then they haven't seen what matches up. Danny Brewer: We propose to put a 70' x 70' hangar 40' from the property line on lot 4, allowing us plenty of room on the other side of the hangar for the helicopter operations. They will, be on the opposite side of the hangar from the tank facility. We did have that in mind when we saw that it was passed through Council for Mr. Pitts plans. Mayor Williams: You were well aware of Mr. Pitts plans for the storage facility? Answer yes. Mayor Williams: Is Mr. Pitts aware of your plans? t- KENAI CITY COUNCIL March 21, 1990 Page 15 Mr. Brewer answered that he was not sure. Mayor Williams: That's why we need a clearing house through the Airport Commission. City Manager Brighton: From a Planning & Zoning standpoint that had to be advertised a certain number of times for public hearing at Planning & Zoning and that does not, necessarily mean that they saw the advertisement but the. City has made the effort to provide the information. Mayor Williams: I to ok further down the road than that. I look at the storage tanks being there and the helicopter being there and something happening if they are not compatible. Would you furnish plans to your facility to the Airport Commission so they have a chance to match it up with the fueling system. Answer yes. This item will be placed on the agenda for the next meeting. Commission VOTE: Motion passed by Unanimous Consent H-13 Approval: Assi nment of Lease SecuritX Pu oses - Baldwin - GAA Assistant Attorney Graves: The consent to assignment for security purposes is again the standard form that the City uses in all these cases. It does not release the assignor from any liability under the lease. MOTION: Councilman Measles moved approval, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent H-14 *Games of Chance & Skill - Central Labor Council Consent Agenda Item RE PORTS 1. Mayor a. Mayor Williams directed Council to item I-1, Section 2.7 of the City Charter. "i bring this up, not so much for an of the Mayor leading to his dismissal but y potential for the absence its time to review the Charter and present some thoughts as toaps as a swhether the Charter is properly worded in this dayand age.ecall r the Charter was signed there were 129 peope voted in You willr of the hatwhen ter the 32 voted againstand . This is a representative number of somewhere in he neighborhood of 161 people that were interested in developing a first class, home rule city. "today we vote nearly 1200 people and we have 6,500 citizens at large. As time goes on, as our society changes we necessary to take a look at our bylaws and rules. I'm thinkingit maind it well be time to begin to review the charter and take a look where hints might be improved. g f. KENAI CITY COUNCIL March 21, 1990 Page 16 As I've mentioned to you, Section 2.7, discussed the absence to terminate membership. This presents to you an ultimatum and leaves no alternative out to evade that section. There is no place that I can find that addresses whether a Council man or Mayor can be excused when he is on official business. .I find myself in a rather peculiar business, because as you know I've been more on official business than the. average Mayor has been. I missed a meeting in March because of official state business. I expect to miss the April 4th meeting because of official City business. I have rearranged so as not to miss a meeting in May, again on official City business, that is the few days leading up to the close of the legislature. It will not affect me because I've rearranged my schedule, but looking down the road I think we should look at that. I don't think we can do that by ordinance, as a charter amendment. We've wrestled with this before with other Council members and I hate to continue doing that if we can amend the charter. Going back to the original people that signed the charter, in those days there was no such thing as capital improvement budgets, the presence of the city being here or there, and affairs of the city to be looked over. Mayor Williams asked Councilman Measles if there had been a review of the charter over the last few years, answer no. Councilwoman Monfor: I don't know about that, but I can tell you right now, if I was a sex equity officer and I read some of this I'd say they would be in deep trouble. There are some things in here that really need to be cleaned up. I think you're right, its time we looked at our charter. We need to clean up some of the wording in it. Excuse me but Councilmen went out the window a long time ago. It's very specific throughout the whole thing. I personally take offense at it. Mayor Williams: The general election is in November, the city election is in October. I would like to see us try and cover this matter by the October election, bring a revised city charter to the citizens. I might ask our attorney if he could review the charter for :inadequacies and inequities, take a hard look at it and see if we can address some of those items. Council - please go through the charter yourself and nee if there are same glaring errors that you think should be corrected. Council agreed. Legal Assistant Graves; I certainly can do that, I would perhaps suggest that if the Council members have individual suggestions they would like me to review I would be glad to do that, that would focus in on some of them. This item should return to Council around June or July to allow sufficient time before the election. b. When I was in Kodiak on Saturday to attend the Comfish show there which is probably the best commercial fish show ever produced. They used one of the large Coast Guard hangars and completely filled it wall to wall with booths and there were no vacant booths there. Manufacturers from the East coast to the West coast were represented. • KENAI CITY COUNCIL, March 21, 1990 Page 17 c. One of the other reasons I went down was for the dedication of the new dock facility. Senator Stevens was there and cut the ribbon. The City of Kodiak elected to bond and build this $5.5 million dock facility without help from the state. They are now going to the federal government and are second in line to receive federal funds for breakwaters and harbors. They are requesting and lobbying very hard for $16 million for a new breakwater in the Kodiak harbor. While I was there looking at all these things and listening to Senator Stevens, it came to mind the problems we've had in requesting dredging our river and as it relates to development around the dock facilities and I was able to see the wave of the future. If any of these things are going to be developed the City is going to have to take it upon themselves to do it. The days of going to the state are over with. We are going to have to take a look at our bonding capacity. d. That brings up the limit of the city's ability to spend money regarding projects. I would like to ask the Economic Development Cbuncil to take a long term look at our dock facility and staging area. It was a long term idea that a dock be extended and if we were to do it, do a complete analysis and economic study to see if we are capable of doing it. We need to determine if a facility of that size could carry a bond issue. There are studies presently under way for new transportation systems which include hydrofoils and hover craft out of Anchorage. There could very well come a point when we could see some type of action take place. Right now there is proposed a hover craft dock in Nikiski. If we don't stay on.the wave of this progression we may very well find ourselves left behind. I-2 City Manager a. City Manager Brighton: Regarding the pictures that we sent the legislators, the state has determined that the value of those pictures is more than $50. We therefore have to write each one of our legislators a letter telling them that we retain the ownership of those pictures and that upon their leaving office they be returned to the City of Kenai. b. The Managers are meeting in Juneau on April 3rd and 4th and I will attend those meetings. In addition to making some inquiries about some legislation that the City is interested in. I-3 Attorney a. Legal Assistant Graves: We included a draft petition for Judgement and Decree of 1990 foreclosures which we' d like to file this week if there are no objections. Mayor Williams: I see that the Merit Inn is down for $500. Does that mean a person could buy the Merit Inn for that amount?. Legal Assistant Graves: These are not the lots on the Merit Inn per se. Finance Director Brown: There were two lots that were subdivided into four lots, two of the assessments were paid off, one on the corner of Willow and Attla. Those assessments are delinquent and we don't know the outcome. They're very small lots and the portions that were tied up on the bankruptcy were paid. KENAI CITY COUNCIL March 21, 1990 Page 18 Mayor Williams: For example the Near/Lofstedt Properties, if these assessments are not paid, the City then demands and takes title on foreclosure. How long do we have to wait before we can sell them. Finance Director Brown: Theoretically, the one year redemption period but right up to the moment of sale they have a right to come in again to pay the assessments and get them back. Mayor Williams: Even with the redemption period expired and we sit on them for a few years and just as we get ready to sell them they can come in and take them back. Finance Director Brown: I don't know the period of time. Legal Assistant Graves: There are various methods. Assuming a year from now we ' get title, there's a year period they can basically they have a right of re -purchase for ba longerack taxes and get it back. Then period of time. Mayor Williams: We have had some on -going discussions with the owners for some years about every possible avenue of owner retention. Legal Assistant Graves: They have several avenues to pursue. b. There are some matters concerning litigation and strategy involving litigation that needs to be discussed, perhaps in Executive Session. i MOTION: Councilman Measles moved that Council adjourn to Executive Session to discuss matters of litigation of which public knowledge may be detrimental to the City's position in this litigation, seconded by Councilwoman µ 0 1 Rel r VOTE: Motion passed by Unanimous Consent Mayor Williams called for the Legal Assistant, 'the Public Works Director and Council. Adjourned - 9:15 P.M. Reconvened - 9:45 P.M. Councilman Measles: During the Executive Session the Council discussed the matters of on -going litigation and strategy that will be pursued in that litigation. Since it is on -going, discussion will remain confidential at this time. I-4 City Clerk a. Clerk Ruotsala: The telephone poll which was conducted on March 15,. 1990 for a purchase order to Sahlberg Equipment in the amount of $2, 900.86. The vote was 4 yea, 3 out of town. b. Clerk Ruotsala read her letter of resignation into the record. The resignation is effective June 1, 1990. Mayor Williams: As a Mayor that has been working with Janet for a long'. time I personally want to take this opportunity to thank her for all the things that she has done for me. She has made my transition from citizen to Mayor most enjoyable. While we still have some time to work withher, she will be missed by me and the rest of the Council as well. KENAI CITY COUNCIL March 21, 1990 Page 19 Councilman Walker: I think one thing we're missing here is, the City Clerk offering her resignation is all well and good, don't we have to vote on that, whether or not we're going to allow her to do that. As the newest elected official on this Council, I went from private citizen to Council very recently, and Janet's help on that has been tremendous. I've publicly, stated that and I've stated that to a lot of people that I was shocked and amazed at the amount of help I got from the Clerk. It was wonderful and I want to say thank you. Councilwoman O'Reilly: I would add my sentiments. I would say it is very unusual in this day and age in any capacity, whatever, this being 'a professional position first of all, every time she picks up the phone, whatever the request is, I've never had a delaying tactic or anything but complete cooperation. And I think that's probably quite unusual in 1990 and I thank you and wish you well. Councilman Measles: I would just add to the rest of the Council's feelings that I'm certainly going to miss you. Having served on this Council with you for 10 years and 6 months now. We'll hate to see you go. MOTION: Councilman Measles that the Council accept Janet's resignation with regret, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent Mayor Williams: We will require the City to move with haste and all due process in bringing forth a new clerk. There are an abundance of clerk's jobs that need filling at this point in time so I would suggest a very fast track operation and the clerk prepare immediately the necessary advertisements for that position. 'I believe it takes a 30 day advertising period and I suggest the Committee that I appoint work between May lot and May 15th in the process and that the new clerk assume her or his new duties as close to the May 15th date as possible. Our present City Clerk will be in the transition period through the end of May and we also give thought to using her as a private consultant after the hiring of the new clerk especially regards the upcoming elections as there are things that will be coming up. She has agreed to this. I would like to assign a three member search Committee and those would be Councilwoman Monfor, Councilman Measles, and myself. I don' t know how much time there should be, I would prefer to Piave a third person there, primarily because my schedule is becoming enlarged. Perhaps Councilwoman O'Reilly would consider serving and I will come in and out.. I'm not disregarding the presence of Councilman Walker at all. The hiring of the new clerk will be approved by the entire Council. I would suggest' between the three of you, you nominate a chairman and work closely with the clerk in the coming weeks. KENAI CITY COUNCIL March 21, 1990 Page 20 of Kenai.. This is casting no stones at Janet or Charlie or Tim, but I feel it's important that the City Manager, City Attorney, and City Clerk live within the City because they'are appointed by the Council. Mayor Williams: Is this, the time to.discuss the salary range or within the Committee. Councilwoman Monfor: It should certainly be in the ball park with the rest of the clerk positions open now because we do need to be competitive. City Manager: If I may make a comment contrary to Chris, there are several clerk vacancies in the state and there are very few certified clerks and so you're restricting .... Councilwoman Monfor: No we're not restricting, we would prefer .... Or perhaps that they are studying for it. Councilman Walker: Or nearing their certification because there are a number of people from the clerks association that I met at AML that are studying for it but not achieved their certificate for it. I-5 Finance Director None I-6 Public Works Director Public Works Director Kornelis: The dock space #2 will be bid on March 29th. I have the bid specs upstairs if anyone is interested. 1-7 AiMort Manager Written report available. a. OMSCUSS20N J-1 Citizens a. Clarence Ladd: I wasn't going to speak tonight but there are some questions I wanted to find out about and especially speaking about our dining room over there again and the point I wanted to bring out is about safety over there. I've tried to.talk to a few of them around there and they ... our fire exits over there, we've got one, two, three out towards the water front and I don't. think we could use them if we wanted. to for snow and ice Five weeks ago, and here's the prints, it shows another fire exit is going to be way down the far,end of the extension of the dining room. Its going to be right out on the grass on the water front. By the river. Where there's not access to no roads'or parking lots. And I've mentioned this before for safety over there, our fire exits they should be` out near the parking lot or at least a road. to 'em. It's one, two, three we got there's no roads to 'em now. I' tried to talk to Hill on this and I think he's going to go along with it, but, its five .weeks old. It shows the ,.. (tape change) not only myself but the other seniors that 'been wanting to be heard here, but I'm here tonight again.. That fire exit could be put out, by the road or by the parking lot. Now as you -study this you see we got one, two, three fire 40 • • KENAI CITY COUNCIL March 21, 1990 Page 21 exits out in the front. They're going to put the third one out there on this here. some of us over there feels it should be put out in front by the perking lot. Now I brought this up here tonight for the record here because our Mayors Council on Aging will be meeting tomorrow night, I hope to be heard over there on that. I've asked some of them and they don't seem to know on that dining room for safety, this is what I'm speaking for on some of the rest. That was the main thing tonight. There was a couple others suggestions we brought up that I'll bring up tomorrow there if I can be heard by the Mayors Council on Aging and I think its way past due too, the dining room. It would be nice if, not too much expense, I don't feel like to the City or to the seniors over there, maybe in the new part they could pipe some soft music in there like other places. That's just a thought here now. I just want to be heard tonight. Mayor Williams: Before you get on with that other one, I may go ahead and direct the City Engineer to view the prints and determine that all fire exits are proper according to code and everything. Mr. Ladd: They are Mr. Mayor, I checked on that, they are proper and with the code with so many feet apart from here down to here or from a rectangle from here so the three, four we have there are up to the code. What the code doesn't say anything about putting them out in the woods. We feel they should be nearer the parking lot or a road where the ambulance could get in there. PW Director Kornelis: Mr. Kluge is working with Pat on that. Mr. Ladd: That was my point, just safety here tonight, there's just another thought and get me five minutes. PAT Director Kornelis: I think its already been addressed but you might check with Pat. Mr. Ladd: Well I talked to Pat, she suggested I talk to Keith, I talked to Keith a while ago Keith says to take it back to Pat. Mr. Ladd: Just one more thought that was brought up, its just a thought and I expect it be too much ' cause I know we're trying to cut down. on . expense here, but that partition going in there it would be nice if they had a sliding door or a sliding wall through there to separate that but I know that would be too expensive. The main thing I wanted to talk about tonight is safety and the fire exits. J-2 Council a. Councilwoman Monfor, : I think its real exciting that the airport bar is open and its going to be a real asset to the City. The Dairy Queen is open to two days of record people showing up. The restaurant is already looking good. And the snow will be gone by June or July. b. Mayor Williams added the new Don Jose's about to open up, hopefully, the Merit Inn, and the new boat launch is moving along. C. Councilwoman Monfor asked if any of the Council members had read Bob Penny Is letter in the Anchorage Times on Monday. If you haven't you should make a point to read it. It deals with our permanent fund and it gives � u KENAI . CITY COUNCIL March 21, 1990 Page 22 4D each person's worth about $20,000.. The family investing.thiq themselves. investing this in a bank would make more money than the permanent fund is making. That might make our legislators think a little hardor' before they decide not to cut the budget. K .. A :) C:)URNMEXTT There being no further business, the meeting was adjourned at 10:10 7-M... Janet A. Sumey (This Portion Transcribed from Tape) � g DA b