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HomeMy WebLinkAbout1990-04-18 Council Minutesis • AGENDA KENAI CITY COUNCIL- REGULARMEETING APRIL 18, 199 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agendaare *All items listed with an asterisk ntroversial by considered to be routine and non co the Council and will be approveesin doa motion.There will be nCncilamembereso requests, in a these items unless aou ed om which case the item will be in itsfro the Consent Agenda and considered al sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Tom Harris, Cook Inlet Housing Authority - Housing Agreement 2. Lands Encroachment: - Kenai Peninsula Borough Dick Treager Jean Bunn - Southcentra Cliff Baker _ SurvHeritage Curt Morris Homes - National Bank of Alaska Curt Erickson Two Representatives from HUD Fisheries Industry 3. Representative from OEKOS - Legislation, Membership - Complaint on Operation of Kenai Police 4. Gus Rodes 5. Dept. Bob Nath - Encroachment of Building Utilit es Easement - Sungate S/D C. PUBLIC HEARINGS 1. Ordinance 1363-90 - Increase - Rev/Appns - Air $1,820 . Filters for City Buildings Resolution 0-09 - Support of 9 Ciitizens Ad isory 2. Committee - Cook Inlet Oil & * Aircraft Gas for Static Display 3. 4. Resolution - T-33 Resolution 90-17 o Transfer Various City Supplemental Appr p Accounts - $1330578 5. Renewal of Liquor License - Kenai Merit Inn (Request 30 Day Extension) 6. Renewalof guor LittleSki-MoDriveLicense • . D. 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, April 4, 1990 F. CORRESPONDENCE 1. *Alaska Boards & Commissions - Appointment of Joanne EXson, Alaska Private Industry Council 2. *Alaska DOT Commissioner Hickey - Location of Maintenance Station G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified' 2. Requisitions Exceeding $1,000 3. *Ordinance 1364-90 --Increase Rev/Appns - Airport Terminal Communications & Utilities - $8,250 4. *Ordinance 1365-90 - Increase Rev/Appns - Senior Day Care, Misc. - $4,816 5. *Ordinance 1366-90 - Increase Rev/Appns - Library Books, Donations - $1,700 - 6. *Ordinance 1367-90 - Increase Rev/Appns - Council on Aging, Title III--.$10,600 7. *Ordinance 1368-90.- Increase Rev/Appns - Airport. Taxiway A-1 & A-2 improvements - $12,250 8. Discussion - Cancellation of Fred Meyer Lease - CIIAP a. Approval - Carr-aottstein Lease - CIIAP 9. Discussion - Borough Res. 90-5 - Area -wide Election for Borough to Assume Animal Control Powers 10. Approval - Vacation.of Section Line Easement - Kenai Original Townsite. 11. Approval - Appropriating Money for�Airport Commission Training I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6, Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT • lb RENAL CITY.CQUNCIL REGULAR MEETING - MINUTES KENAI CITY. FALL. APRIL 18, 1990 - 7 : 00 PM MAYOR:JOHN J. WILLIAMS PRESIDING A. CALL TO.ORDER Mayor Williams called the meeting to order. A-1 Pledge of. A.11-tagiarce A-2 Roll Call Present: Narj O'Reilly, Hal Smalley, Linda Swarner, Kevin Walker, John Williams, Ray Measles Absent: Christine�Konfor (excused) A-3 Agenda Approval Mayor Williams spoke. a. Item B-5 is the same concerns as item B-2 (encroachments). Change B-5 to B-3, and move B-3, B-4 forward. b. Add item B-6 (Donna Krein - Ash Cleanup). c. Add item B-7 (KCHS - Dale Sandahl & Susan Crain). d. Additional material for item B-3 (OEKOS) distributed this date. e. Item C-2 (Res. 90-08). amendment distributed this date. f. Item C-3 (Res. 90-18), distributed this date. g. Item C-6 (Little Ski -No Liquor License) can be added to the Consent Agenda. All taxes have been paid. h. Additional materials distributed this date for items D-2 (Airport C(mmm.), D-5 (Library Comae.), D-8 (Misc. Comm & Comm). I. Add to item H-2 (Requisitions Exceeding $1,000) - Alaska Valuation Service, Inc. - $2,225, distributed this date. j. Item H-11 (Airport Comm. Training), Refer to item D-2 in the packet. k., Add item H-12 (Ratification of Boardwalk Agreement), material distributed this date. 1.- .. Items for information distributed this date, Council may want to add for discussion purposes. MOTION: Councilman Smalley moved to approve the agenda as aaeended. Notion passed by unanimous consent. A-4 Consent Agenda MOTIONt Councilman Smalley moved.to approve the Consent Agenda with the addition of item C-6. - Notion passed by unanimous consent. B. SCHEDULED PUBLIC COMMENT B-1 Tom Harris, Cook Inlet housing Authority - Housing Agreement_ I KENAI CITY COUNCIL APRIL 18, 1990 PAGE 2 Mayor Williams. This matter was voted at the April 4 meeting on a 5-yes, 1-no position. There was a notice of reconsideration. MOTION: Councilman Walker moved, seconded by Councilman Measles, to reconsider the action of the April 4, 1990 meeting on Cook Inlet Housing Authority Agreement. Councilman Walker. The reason why I brought this up is, I have items I am concerned with. Who is this program directed at - everybody in the low income bracket or all constituents? Tom Harris, Cook Inlet Housing Authority. It is geared to the Native Americans and Alaska Natives with low income. Is it open to all low income individuals? No. It is a recognized program under HUD through Indian Housing. �- Councilman Walker. You said payment in lieu of taxes would be a wash. I have major trouble with that. -' Mr. Harris. We assumed administrative fee of (for example), $150 per month. We pay 10% times $150 times 12 months is $1.80. That would be the pilot payment 10 homes ( made. Additional sales -tax xamp ) for a le. :add sales tax and economic multipliers. We felt that would wash out. VOTE, Reconsideration (Passed) : Yes: Swarner, Walker, Williams, Measles No: O'Reilly, Smalley Mr. Harris added, working with Administration, we came up with these numbers. Councilman Walker. The utilities, the City will provide at no charge to the Authority? - Mr. Harris. The home buyers themselves will contract for utilities with the City and will pay the standard rate all others pay. Councilman Walker. Including assessments? I read the City will provide that. • Mr. Harris. We plan to provide homes with most if not all these things in place. With special assessments, I would need help to answer. Councilman Walker. On road paving with assessments, it talks about special assessments in the future that may be waived. Councilwoman O'Reilly. The properties you are looking at, are they clustered? Mr. Harris. We are looking at scattered sites. It would not be "project" type. That is the full intent. This is a tremendous program. Cook Inlet Housing Authority looks forward to working with the City. We have 19 people on a waiting list that want to live in the City and want the American dream of home ownership in the City. If we cannot get this agreement, we cannot give them this opportunity to own homes. Some of these people may never qualify for home ownership. KENAI CITY COUNCIL APRIL 18, 1990 PAGE 3 There have been arguments that this is restrictive. This -is arguable. It is.Indian Housing funded by the Federal Govt. Look at the taxes received. We feel this is a win/win situation. Councilwoman Swarner. (To Atty. Rogers) I thought in one of the agreements we had, assessments for water & sewer were deleted. On page 3 of the agreement it says we would have to provide water & sewer and paving at no charge. Atty. Rogers. If we are not going to assess these lots and collect, the City would make those payments, there would be no additional charges on other property owners. Councilwoman Swarner. I feel the people should pay for assessments. (To Mr. Harris) Would you object to adding this? Mr. Harris. a) Our criteria for acquisition would bring all assessments current and have utilities already in existence. If you want this can be in the agreement and say only those homes can be acquired. I do not know if we can change because this has not been done before. If we have to be limited to those with utilities in, we.can do it. The only one I did not think of was paving. I cannot answer that. Councilwoman Swarner. I am sure there are homes with no water & sewer lines. Mr. Harris. We plan on not taking homes with that condition. It is better for people if they are in. Mayor Williams. Fifteen homes? Can you put in more? Mr. Harris. We would like more than 15 and would like to come in to Council and go for more without having to come back to Council. We may submit for 15 and only have HUD approve 10. But we would have to have Council consent to do more than what we have. We stay within limited dollars, submit to BUD for approval. I said before we would have it in 30-45 days. That is coming in soon. Mayor Williams. The agreement, are there numbers specified? Mr. Harris. Thirty, but that is negotiable. Councilman Measles. At last meeting, the contract talks about 30 units, are there 9 in the City at the present time? Mr. Harris. That number changes constantly. We are not limited to HUD homes. We can also go to individual sellers. In the past we have always been able to get from government entities. Councilwoman O'Reilly. The discussion between Cook Inlet Housing and Administration, nothing is set in concrete? Mr. Harris replied no. Councilwoman O'Reilly. You do not plan on obtaining property without water & sewer? But if something falls within assessments, I feel it is unfair to have the City pay for it. The government agency should pay for this. Mr. Harris. I will have.to get an answer for YOU* Mayor Williams. One Positive factor in this - unoccupied the - pull homes from the market, the sooner we Pull 3f} P sooner we will see new homes being built. MOTION, Rescind: Councilman Measles moved, seconded by Councilman Walker, to rescind the previountaction of Council on the Cook Inlet Housing Agreeme Councilman Measles. a) I have a real concern a ith the clause that binds the City to provide serve facilities that are s of being Provided in other arcving the City without charge. I have a problemapproving I this till we have an anSWer• b) Regarding have a problem while we are working on next es year's budget. We are going to have to increase taxes be then have no taxes from these people. hard , for us to justify. I agr Councilman Walker. ee. We may want to consider it in the futures, but this is not for us to look at right now. councilwoman O'Reilly. Are we discussing authority for City Administration to negotiate with the Housing Authority or approval? Atty. Rogers. The prior action was for apprrevao og the agreement. Now there are questions. You g rescind the directive to Admiuistrationoiowenter be able this document. To rescind would mean y to go forward with negotiations. MOTION, Table: Councilwoman O'Reilly moved to table action till we get a definitive answer from Mr • Harris. Atty. Rogers. To table will not accomplish what you want. If you tabled you would still have to give direction to Administration. Motion failed for lack of a second. Councilman Smalley. (To lair. Harris) How soon do you think you can an answer? l"u•� I can have this eting. by Thursday morning at the Atty. Rogers. We have a time crunch here, sod there will'be a.delay because of those problems an legislative closing. VO'iE, Rescind: Motion passed unanimously by roll call vote. T40TION: Councilwoman O`Reilly moved seconded by Councilman enter ino Smalley, to direct Administration .no to draftta new and negotiations with Cook Inlet Hous1 g different agreement regarding item 4-a. vow (Passed) Yes: O'Reilly, Smalley, Swarner, Williams No: Walker, Measles • KENAI CITY COUNCIL APRIL 18, 1990 PAGE 5 City Manager Brighton. Council should accept the agreement and therewould be a clause with special assessments to be treated like'any other special assessments? Councilman Measles. We are not just talking about special assessments. City Manager Brighton. Administration needs direction. Councilman Measles. If one of these units is on dirt road, the way I understand this, the City will have to pave it because we have done it for other people in the past, assessments or no assessments. Councilman Smalley. That was not my interpretation. Atty. Rogers. That is not mine either. It is not that iron clad however. Documents to accomplish minority housing projects, there is a lot of philosophical in them. It is not a tough document, there is a lot of leeway. This is not the proper forum to discuss this. Discuss with Administration and we will work with Cook Inlet Housing Housing Authority. Councilman. Smalley. I would like to see verbiage that speaks directly to that. So it cannot be debated. It was my understanding they would be looking at homes collectively. Atty. Rogers. Their intent is not oftentimes in this document. That intent can be changed. Councilwomakn Swarner. I am concerned with property taxes. -but I am willing to give that up, but not assessments. MOTION, Withdraw: Councilwoman O'Rei11y, with consent of second, withdrew her motion. MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to direct Administration to work with Cook Inlet Housing Authority to reword the tentative cooperative agreement and direct Atty. Rogers to direct attention to items 4-a and 5. Councilwoman O'Reilly. There is wording there to protect the interests of the City. Councilman Measles. It still does not address the discretionary taxing situation we are setting up. I don't see any benefit at all of this to the City of Kenai. I can see a lot of doors being opened that will cause problems to the City. The real estate market is moving. You can see that by the number of HUD homes available now. I don't see the need for it at this time. VOTE (Passed): Yes; O'Reilly, Smalley, Swarner, Williams No: Walker, Measles B-2 .Lands Encroachment: Kenai Peninsula Borough, Southcentral Title, Heritage f KENAI CITY COUNCIL APRIL 18, 1990 PAGE 6 Real Estate, NBA, HUD, etc. a. Curt Morris, Associate Broker, Heritage Real Estate; President, Kenai Board of Realtors. I am here addressing in a general manner. From the realtors standpoint, this issue is not as special as you may perceive. It is a very common problem. There is no way other than to try to get rid of them in a reasonable manner. This is not just directed to institutional people, but there may be people in the audience that have problems but do not know since they have not tried to sell. It is extremely important that we have an open door to settle this freely. This issue will keep coming up before you. It is to everyone's interest to hear these people out. The City can protect their interests, and sellers can settle their problems without selling at distress level. b. Dick Traeger, Planning Director Kenai Peninsula Borough. costs are not from Borough funds other than time and expense for vacation requests. We have an interest in utility easements. State statutes provide first class home rule cities can veto the Borough Planning action on utilities and easements. I think it should stay that way. But we have a situation where someone applies for a vacation, easement, or right-of-way. It starts at the Borough level. It costs $200. Once the application is received, we open a file and start a mailing list. This puts interested agencies and persons involved on notice. If we do not get any answer from agencies, we view this as non -objection. There are times when we receive notice that utility companies will be willing to negotiate for part of the land. This quite often takes place at the Borough level. After we have assembled the information, there is public hearing. After decisions by the planning commission, notice of their action is sent to cities involved or to Borough Assembly. we have experienced in the city some vetos that came back to us. Some have been our error. When they come back to us, what do we do? If there is something that is breaking down between the city and the Borough so there is no veto after the fact, now is the time to correct that. We have 60 days in which to take action. We have a problem with our 11 member planning commission, if we do not have a quorum, we have to delay and there is a time crunch. We can get notices back to cities sooner than normal procedure, we can accommodate all cities in the Borough. If I know the person to contact we can get it out right away. I want the city to make sure they have an opportunity to examine the request for vacations and get back to the planning commission before public hearing. The latest issue was sent April 2 and we have not had a response. We do not always get a response back from the cities. The process is there for the cities to respond prior to it coming back for final action. We need a solution to this problem. We made note regarding utility easements. We have processed about 50 applications for vacation of Utilities in the Borough. It is after the boom _ years. We did not have adequate personnel. The Borough is trying to accommodate the public as best we can. we do not want to vacate a utility Mayor Williams. In the last few days I have been discussing with people who have this problem. There are many in the City. How many? Mr. Traeger. I do not know how many are pending. In 1988 we.had one that we processed that was a utility vacation, not an encroachment. The City can restrict. In 1989 we had 6 petitions to vacate. One in 1990 is pending. Councilman Smalley. Having been on Planning & Zoning for 9 years and Ad Hoc for 2 years, we have dealt with at least 10. One of the things P&Z has _ tried to do is push forward a law that contractors mark all 4 corners. It was defeated. We will have to deal with each one that was not dealt with. Mr. Traeger. We do not issue building permits in the Borough. In the City you have an opportunity to insist on plot plan for applications to see where they will put facilities. He will inspect conditions on the lot. I doubt if we will have building permits for many years. It is a • 2-pronged problem: clean up those that are a problem and try to prevent this from happening. C. Jean Bunn, Owner, Southcentral Title, Soldotna. We do have a problem with encroachment and setback lines in the Borough and State. It is due to the fact that some relate back a long time. I am here to take my share of the blame. Things have tightened up in Alaska. It is hard to get financing. Title companies have gone under. We are no longer allowed to do things we used to do. We need help to get the problems solved. We have very good property that could sell immediately if we could get these problems solved. I am here to ask you for help in getting these problems solved. Please take each property on its own. Give us some guidelines for homes already in and new homes. Lenders are unable to finance these places. We have buyers that bought 5 years ago and cannot sell now. We are working with surveyors. They are doing more details now. The corners being set is very important. d. Sharon Lewis, Northland Mortgage, Soldotna. A buyer will not be able to buy property. They !.; require financing but cannot get it. We are not aware of the numbers involved. The problem comes to light when the buyer comes forward to buy. City Manager Brighton. In each case, these houses have had loans on them previously? Ms. Lewis replied yes. City Manager Brighton. Is it possible the agency that made the first loan will not make the 2nd loan? - Ms. Lewis. Yes, just because we made mistakes once, does not mean we will make them again. Also, many lenders are not here any more. If the t_':.. seller'is HUD, they can give FHA insurance and KENAI CITY COUNCIL APRIL 18, 1990 PAGE 8 will allow it to close. But that the problem. It will come up later. compounds Councilman Walker. These houses do not have as built surveys? Ns. Lewis. They did. Councilman Walker. They did not have insurance? If so, why is there no recourse? Ms. Lewis. (Inaudible) Councilwoman Swarner. What are you willing to give up? You want us to give up variances and encroachments? What are you willing to do? Ms. Lewis. (inaudible) Councilwoman O'Reilly. Have there been instances where the title company is liable? Jean Bunn. Yes, we rely on as builts. We are getting some that were different 5 years ago. Councilwoman O'Reilly. Does the title company have recourse to the surveyor? Jean Bunn. Yes, title companies are liable. Can we go back to sue the surveyor - yes. Nothing was resolved. We might have to buy the land. It was just compounding the error. At one time under 1 ft. encroachment you could do. We always set up an encroachment policy so the buyer was aware they had it.The buyers is for the lifetime, the i lender s for the time of the loan. e. Paul Johnson, HUD, Alaska. We are a rather large land owner, 25 properties in the City, 84 in the Peninsula. I had 130-140 last year, it is coming down. My part is FHA. We insure, we don't lend money. I operate on non -appropriated funds. HUD is now in the red. We return to private sector as fast as we can. I will not dump on the market place or auction. We try to sell. Along the way we discovered errors of the past. We do not discover these till a sale. I have as built surveys that have been different many times. HUD tries to resolve this issue. Sometimes we cannot. When we can we get utilities to.not object to encroachment. We are trying to sell homes. I need your help to solve the problem. When vacationsof easements will not solve the problem, then we will take different steps. f. Cliff Baker, Integrity Surveys, Kasilof. I agree S with the problem and trying to get a solution. I commend Councilman Smalley and say I feel a survey is needed as part of the building process. When construction is set forth you have a building inspector for plans, but when he inspects the building he cannot ascertain if the building is on the plot plan correctly. That should be a requirement of the contractor. Four corners should be defined. A lot of problems are prior to as builts. Driveways are many times wrong. Building set backs are in error. Councilman Walker. Have you ever told anybody you would not identify the 4 corners? Mr. Baker. No, but theproblem with as built surveys is that you will still dealing with it, it just shows there is a problem in the as built. 1 KENAI CITY COUNCIL APRIL 18, 1990 PAGE 9 Councilman Walker. As a surveyor on a subdivision, if I ask for a survey and ask for 4 corners, would there be a problem? Mr. Baker. I have never refused one. Councilman Walker. Would it be normal to identify the 4 corners? Mr. Baker. Most developers cannot afford surveyors to cut out every line. Normally we go through the road and identify, and then go in back. Most cases you cannot see from the back to the front. If you asked me to stake, I would but would not cut out a line. Councilman Smalley. what is the average cost to a home owner for 4 corners? Mr. Baker. $400 is to locate, the building would be about $200 more. Mayor Williams.. I have been involved with building many buildings. We always had to have an as built before we built and before we closed. I don't understand how this could happen. Mr. Baker. One of the problems is at boom times we had 21 surveyors in the area. Now there are about 10. You cannot go back on them. g. DeWayne Craig, Kenai. I built a place at the end of 1985 on Forest Dr. After I built they put in paving. I went to buy a place near Stellar, built in 1977. The carport is built 6 ft. into the right of way easement in back. The only one I have to get permission from in writing is the City. I went all the way to closing before I found out I could not buy. The carport is on an easement, the building is encroaching on the property line. I would like to buy the property. I would like the City to waive so I can get financing. I built a house in Deepwood. -Why does this happen? An architect built a house next to " me. He worked with the surveyor. He was very careful. When he had an as built, it encroached on my property. I had to deed over a portion of my property to him. It can happen even when you are careful. Mayor Williams. (To Building Inspector Hackney) _ Does the City have a policy or do you have a policy of encroachment inspection? Mr. Hackney replied no. MayorWilliams. It is not in our Code that building inspectors do this? Mr. Hackney. There is no way I can tell. Councilman Smalley. We attempted to draft an " ordinance that would assist in this. It supposes he is a surveyor and he is not. If we required this, it would reduce the problem. Mayor Williams. If we had this, he would set corners? Councilman Smalley. There is no insurance, but it will help. We did this 4 years ago, it was put down because it was cost prohibitive. We were told to forget it. The City needs to do something to make sure this does not happen in the future. Mayor Williams. Perhaps additions to the ordinance are necessary. Also what to do with KENAI CITY COUNCIL APRIL 18, 1990 PAGE 10 what we have now. Th They will be asked to would not be asked to property into the tax . e City is the deepest pocket. do a lot of things that do normally to bring roles. Councilman Smalley. There is a section in the books if there is an encroachment they have to put in an encroachment request and $100 fee. P&Z tried to get it higher but could not. One is existing now.. P&Z has tried to contact all utilities and if they agreed, we would agree with it. We will have to take on a case by case. Mayor Williams. We may have given P&Z authorization to make decisions and pass to Council and we have occasionally denied. A greater amount of direction needs to be given to Council. Councilman Smalley. I recommend P&Z be requested to draft an ordinance to help eliminate future potential encroachment problems, to require a survey of 4 corners on new construction. We have an encroachment process. P&Z has authority now and are doing sufficiently with what they have. But Council should have the final say so. Mayor Williams. It will come to Council even after dealing with P&Z? Councilman Smalley replied yes. Mayor Williams. I would suggest that we install a fee sufficient to cover overhead costs dealing with encroachment. It is unfair for all citizens of Kenai to pay for those that have created these problems. We have to have a secretary, commission, laws, etc. Councilman Smalley. The.fee schedule for encroachment permit, we have that - $100. Mayor Williams. It needs to be modified. The citizens of Kenai are not at fault. Building Inspector Hackney. We can require as built surveys if that is what your want. It will require a 2nd visit by the building inspector. Would we survey when the footings are in before pouring? Mayor Williams. If we have to. But we still have to handle the present situation. He suggested a joint work session with P&Z. City Manager Brighton. It does not have to go to the Borough lst? Mr. Traeger. What goes to the Borough? Except the request for building set back. That is the City concern. If you are dealing with a utility vacation, that goes to the Borough. On any requests for vacation, the Borough people spend many hours that goes back to the City. If there is going to be policy, the City of Kenai is going to deny all vacations, I need to inform publicly - that if they pay $200 and waste Borough time, I will tell them to not waste our time, come to the City first. We are obligated to take a petition but if is a waste of time and will end up as a KENAI CITY COUNCIL APRIL 1$, 1990 PAGE 11 veto, maybe We should suggest they approach City first. the Mayor Williams. We need to ask for more au from the Borough so they come here first (th°rity dealing with city property. n City Manager Brighton. Planning is Borough ugh power Mayor Williams. We have taken some of that City Manager Brighton. We have onlypower? taken zoning. Councilman Smalley. P&Zis working problem. They :map want to inform sosots can attend. Council Council agreed to meet in work session wit their April 25 meeting (8:00 PN)• h P&Z after B-3 Bob Nath - Encroachment of Buildin U • Easement - Sungate S/D J Utilities Bob Nath, Soldotna. My problem is a little (than the previous discussion), different the area who made an offer on a house that ve a teacher in encroachment. It is an t has an They are car HUD house. EUD has an offer. there was no flttancin Pars. But when she called find a house to fill her needs,, We have looked to Eagle Rock. this did, it is on that is definitive so It to cure e this but we n You have started this it ill not come u need something With a P&Z meetin p indefinitely. do something with these g• We need to therm after they buy them, so people can sell all utilities agree there is no pr something about if rd bring it up to where vacations can mealloweddoes that there some other area that must be be oor is ed. Wouncilman Smalley. Re rejected a varianCe�arding Sungate S/D, item B_3. utilities did not have a 1/2 months ago till the other there are utilit companies In Thompson Pk., Y meanies that say they do not have a problem. Is there still difficulty with that being a legal building built with the t•Jarage Process? Building Inspector Hackney. built without a permit, y• The addition was Councilman Smalley. It that some cloud on a sale? Mr. gage thing that would be a if we could resolve the utilit Wr Could resolve that Y Problem. Mayor Williams.. would a conditional use Proper? Answepermit be r - no. Mr• e plot is from me soveyorNath.. The note on the not the Mayor Williams. Would it require re -plat? You are asking for vacationsOf 4 and easement? Mr• Nath• Yes, all utilities said�th no problem. One said no they had Manager Brighton. The Borough hadem no Brat' City ft. I would recommend 5 ft., the same Problem with 6 as the Borough. Councilman Walker. We have discussed this at meetings. There was a set back on an There is a question as to legalit ent. encroachmPrevious The other problem is do we want to of the building. get into burdening 6 KXNAI CITY COUNCIL APRIL 18, 1990 PAGE 12 our lending institutions and other business people with buildings that are not in conformance with the Code? We have said no on this item before. I am not willing to discuss it further. Mayor Williams. If they could produce letters of non -objection, we would agree with it? Councilman Smalley. Council said when we got -letters we would deal with it. There are other difficulties with this building. Can the City deal with that? Mr. Hackney replied yes. Mayor Williams. Do we have a ratio of out buildings to the main building? Do we have in residential lots anything withregard of size to lot? How many sq. ft. of building can occupy a lot? Planning Secy. Sumey replied, 300. Mayor Williams. That is not a factor here. Councilman Smalley. The other problem is the business that was being operated within it was without a permit in a residential zone. That was prior and does not exist today. Mr. Nath. That is not a factor at this time. Councilwoman Swarner. I have a problem with surveying, certified by the company. Before I would give an okay, I would like to see another as built survey. : Councilman Measles. Based on the experience with that company, I would agree. Surveyor (unidentified). The owner had me do a new survey. I drew up a new as built to show location. All numbers are identical. Councilman Measles. The encroachment is 3.ft. 10 in.? Surveyor. Under 4 ft.. The survey is accurate. Mayor Williams. If we do this tonight before we set up standards, we better decide on standards. It would appear to be favoritism. Councilman Smalley. That process takes a while. This has been with us 5 months. We need to deal with this one. We have an ordinance in effect' -that deals with this. 'To postpone till we modify may take another 5 months. The City is not assuming financial obligation. They are going to pay a fee. The house has been empty for 5 months. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to vacate Lot 2, Block 2, Sungate.S/D, the interior 5 ft. of the western property line. Councilman Measles. There is a minimum distance a house must be from a property line? Planning Secy. Sumey. 20 ft. on the rear lot from the property line, 1/3 of rear lot coverage maximum. It is very close to 1/3 but is within 1/3. It is encroachment they are dealing with. Mayor Williams. Proximity to rear lot line? Councilman Measles. How far from the property line? If we vacate 5 ft. it still is illegal. Mr. Natb. if you vacate 5 ft.,, you will be wits: in the. utility line. KENAI CITY COUNCIL APRIL 18, 1990 PAGE 13 Councilman Walker. You have 2 issues here. Mr. Nath. It is within the realm of set back on garage building. But it is access building. Only problem is I t is within a utility easement. Mayor Williams. What does the Code say regarding access building from rear lot line? After a short recess, a motion was made. MOTION, Withdraw: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to withdraw the motion because I concur with Councilman Walker that this is not a proper forum to deal with this issue. Council agreed to add this item to the April 25 work session. Mr. Nath. Will this be on the May 2 agenda? Mayor Williams. We will not know till after the P&Z meeting. We could put it on the agenda but will not know whether it will be ready. He asked Mr. Nath to check with Clerk Ruotsala before the May 2 meeting. B-4 Representative from OEKOS - Fisheries Industry Legislation, Membership Bill Altland, 610 Set Net Dr., Kenai. OEKOS is a world wide organization, established in 1989 in Kenai. We are business men and women, processors, educators, etc. We are not environmentalists or developmentalist. 70% of our earth surface is covered by water and is at risk. There are 5 Trillion gallons of toxic waste and sewage that go into our oceans per year. If we fill Tustemena Lake with toxic waste and discharge it 2 times per year, if we ran a super tanker and crashed it into Kalgin Island and discharged 11 Million gallons once each minute, that is what our oceans are receiving. Our view point is that this attitude can change. The best way is for a new economic understanding. Think of long term rewards rather than short term. What is the economic profit of a mining operation as opposed to economic value of a salmon stream? The stream would take a hundred years to recover. These are problems we are trying to solve. Your participation will help. a) Public awareness by education. This is not in the current curriculum in the schools. b) Policy research. c) Supporting internal and domestic watersheds. d) Involving citizens in public policy. We are asking for corporate membership. City Manager Brighton. Regarding your comparisons to Tustemena Lake. Is that from the U.S. or from all countries? Mr. Altland. All countries - sewage and toxic waste. City Manager Brighton. Will we have help from other countries? Mr. Altland. We have 3 other countries involved. Councilman Walker. You said you are not environmentalist or developnentalist. Why are you not environmentalist? You infer mining operations would destroy salmon streams. That is not necessarily the KLNAI CITY COUNCIL APRIL 19, 1990 PAGE 14 b case. It sounds to me like an environmentalist. it looks like one. Mr. Altland. Environmentalists are those that protect the environment at any cost. We are into a sustained economy that looks at growth and development. Growth is quantitative, development is qualitative. We are not blindly going ahead for development without seeing the effects on the environment. We move ahead wisely. We are neither. We don't think they are mutually exclusive. We think there is a balance. Councilman Smalley. We are working with the City budget now. I don't know at this point how much money the City can be investing. I don't know what we can do tonight. Councilwoman O'Reilly. I agree there is room for both as long as they can be reasonable. why corporate membership? We are not a corporation. Councilman Smalley. It was presented to the Borough April 17? Mr. Altland. Yes, they were excited about it but put it on the table. There was a discrepancy in =� the by laws. Membership runs from Dec. 1 to Dec. 1. I said we could prorate. They tabled it till May 15. Councilman Measles. I have a problem with a government buying membership in any special interest nonprofit organization. We would be opening the door to every nonprofit in the State asking for membership. Councilwoman O'Reilly. We have already opened the door. We are members of RDC, it is nonprofit. We would not set a precedent. Councilman Smalley. This could be brought up at a later time. Mayor Williams suggested this be discussed at the budget work sessions. Council agreed to the suggestion. B-5 Gus Rodes Complaint on Operation of Kenai Police Dept. Gus Rodes, 207 Birch, Kenai. The basic problem is I have a complaint against 3 police officers of the City. I wrote a letter to the City asking to present it. Atty. Rogers said there was no provision for a hearing. I think there is something wrong if the citizens cannot make a complaint against employees of the City. I am here to see what I can do about it. Atty. Rogers. In the packet is my response to Mr. Rodes. It indicates that we acknowledged the complaint. There was an investigation. A complaint was filed at District Court and is pending. We do not provide for testimony. The Police Dept. has done a review. They find it appropriate. Mr. Rodes disagrees. He can testify in trial. Assuming it is unsuccessful, he can appeal. The letter from Mr. Rodes is in the packet, also a memo from Police Chief Ross �. and the police report. At this point I assume Mr. Rodes is attempting to appeal to Council for extra judicial relief on the matter. I would caution Council against addressing this because it would be premature. Should the Court find there is an impropriety there may be other civil pursuits. Mr. Rodes has the right to that. . KENAI CITY COUNCIL APRIL 18, 1990 PAGE 15 Mr. Rodes. They came on my property and did not tell me why they were there. They filed a report that was lies because I hurt their feelings. Mayor Williams. This is an improper forum for this. Mr. Rodes. If they treat me that way, they will treat others that way. I talked to the Lieutenant. The Lieutenant's report to me was that they had done nothing wrong. When I asked for specifics he would not respond. He said he did not ask the questions I had asked him. I asked why they would not talk to me. I think I should be provided with copies of this. Atty. Rogers. If you are entitled to it, the Court will order the Police Dept. to give it to you. Your inquiry should be to the Court. Mr. Rodes. This Council should be the ones to have the formal procedure to investigate this, not the Courts. This is what I am trying to find out, why there is no procedure to investigate this. Mayor Williams. The City will be willing to investigate after the Court has completed. Right now ^` it appears you are in litigation. The District Attorney is charging you, they are not part of the City. Mr. Rodes. Why is the District Attorney pursuing when this is all by City police in the City limits? Mayor Williams. That is how the steps are done. It is turned over to the District Attorney. The District Attorney has determined it is proper. = Mr. Rodes. There is no way the citizens can proceed against City employees? Atty. Rogers replied no. Mr. Rodes. I have to file suit against the City for a hearing?. Atty. Rogers replied yes. Mr. Rodes. I think there should be formal procedures to investigate City employees. Mayor Williams. one Court recourse you have is to '- request a co py of the Police Dept. report from the District Attorney's office. You have not received a copy? -,Mr. Rodes. I want a copy of the report the police k. officers wrote. The City said it is not available. Mayor Williams. It is material of litigation, it is in I_ the courts. You can get this from the District Attorney's office. Do you have an attorney? Mr. Rodes. I have a legal advisor, not an attorney. I cannot afford an attorney. Mayor Williams. I suggest the Public Defender's office. There is nothing we can do at this time. It is a matter for the District Attorney's office. _ Mr. Rodes. I am disappointed and amazed that the City has no procedure for internal investigation and review. Mayor Williams. I am sorry, there is nothing we can do. RENAI CITY COUNCIL APRIL Is, 1990 PAGE 16 B-6 Donna Krein - Ash Clean -Up a. Donna Krein, Woodland S/D, Kenai. I am concerned with the ash blowing around. I lived in southwest Washington when Mt. St. Helens went off. The City had procedures. Through the fire dept. you could hook up to local hydrants and put in buckets for collection. It worked well in neighborhoods. The street sweepers could run through. I would like to see it cleaned up. Public Works Director Kornelis. We are about to start sweeping in low traffic times, at night. We also have a vacuum truck and will wash the streets. I have talked to LeRoy Anderson regarding his water truck. But he has a long term contract with Soldotna and the State. Our plan is to try to do it ourselves. Another outfit has pressure hoses. As for hydrants, we have a problem with lending out tools for use. We had a water line break because it was turned off too fast. To lend them out, there should be instructions. There is a fee for that. Councilman Smalley. A refundable fee for equipment? Answer - yes. Councilman Smalley. $100 a day for hydrant? Answer - yes. Mayor Williams. Because of extenuating circumstances, we might look to waive the $100 fee, still require a deposit and instructors. We should promote clean-up of larger areas. I see a problem with letting citizens be able to turn hydrants off and on. Atty. Rogers has suggested a change in the Code rather than waive fees. Councilman Smalley. If a large entity, such as a school, has directions to sweep and wash parking lots, could they get a waiver? Atty. Rogers. For $100 they could do it. You can -write an ordinance. Mayor Williams. Some agencies have paid $100 fee already and clean up. .;: Public Works Director Kornelis. You have to pick this up, you cannot wash it into storm drains. Councilman Smalley. The schools feel water should be F used after sweeping. Public Works Director Kornelis. The residents can wash before the streets are done. Councilwoman Swarner. We should not allow private owners to use the fire hydrants? Mayor Williams. We have thousands of private homes. If we allowed them to do it, it would be a major problem. Councilwoman Swarner. I like the idea of neighbors doing something together but I guess this is too much. Mayor Williams. It is like clay, water does not touch it. It will make a problem with the sewers. Public Works Director Kornelis. I think it can hurt the sewers. The street sweepers are picking it up, not blowing it. KMW CITY COUNCIL APRIL 18, 1990 PAGE .17 . Mayor Williams. If each neighbor could get it to the gutters, it would help. b. Leon Quesnel, Woodland S/D, Kenai. Using sweepers is good, but streets in Woodland have been resurfaced. It will be rough. I don't recommend people without experience using fire hoses. City Manager Brighton. Two weeks ago the street crews were in water and ice. We have had eruptions, floods, etc. You cannot address all this at the same time. They are going to double shifts. In a few weeks, we should have the major problems done. We could have another eruption this week. Public Works Director Kornelis. In the summer.. we use a compactor for construction. Water pressure goes way down. If we use it all over town, we will lose pressure. Mayor Williams. Soldotna has had a contractor out for several days cleaning up. Public Works Director Kornelis. I talked to him first. Mayor Williams. Don't we have another company? Mayor i Williams. Could we rent a tanker for the sidewalks? Councilman Measles. The City could do the sidewalks with fire hydrants. They could use the pumper truck. Do the middle section where the ice is gone and do the rest later. We have an abnormal situation and we have to look at abnormal solutions. If we do at straight time it will be Sept. before we are through. Mayor Williams. Two shifts through the week end and see how it is Monday at the work session. Don't let up the heat on the State. B-7 Dale Sandahl, Susan Swain - Kenai Central High School. Susan Swain, Class President, KCHS. May 4 is the After Graduation party at the Elks, the school is asking for donations. Dale Sandahl, Principal, KCHS. We have a street sweeper at KCHS we could donate (for City streets). The reason I am here is, this has been a tremendous effort on the part of residents and City for young people. Keep kids off the street and protects youngsters. The City has not been approached before. The graduation party is in a controlled environment. I would like to have a small contribution. Mayor Williams. In the past we have left the Rec Center -open.. We will not do this year. This has been done for about 7 years. MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to donate $300 to the Senior Graduation party. Councilman Walker. Ask Mr. Sandahl for the quantity they actually need., Mr. Sandahl.- Every parent will contribute and other organizations. The prize last year was a trip for 2 to Hawaii. KENAI CITY COUNCIL APRIL 18, 1990 PAGE 18 Councilman Smalley. How much money at this time have you received? Eleanor Thomson, Kenai. $700 to $800 committed. We are trying to get tickets for a trip. Councilman Smalley. These people are graduating in the City and are living in the City. They are our -future. I would like to -start at $500. MOTION, Amendment: Councilwoman Swarner, with consent of second, amended the motion to read $500. Eleanor Thomson listed some of the donators: Sharon Williams, KNA, CIRI, Eagles, Reflections, Rotary, Elks, Oilers. Councilman Walker. I would support this. I have been at parties in the past, this is better. Councilwoman O'Reilly agreed. Motion, as amended, passed by unanimous consent. Mayor Williams requested Item H-8 be discussed at this time. H-8 Discussion - Cancellation of Fred Meyer Lease - CIIAP a. Approval - Carr-Gottstein Lease - CIIAP MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to accept the lease cancellation by Fred Meyer. Atty. Rogers. Was there an environmental inspection of the property? If you rescind the lease before that, it may be prudent to have this done. Councilman Walker. Is it prudent to do before we can lease the land? Atty. Rogers. Carrs will want protection, they may want to do their own. I would prefer to do our own and have them sign off. PUBLIC COMMENT: a. Robert Gottstein, Carr-Gottstein Properties. I have no problem. It does not place obstacles with US. Councilman Smalley suggested cancellation of the lease agreement contingent on completing an environmental assessment of the property? Councilman Measles. Technically that is not required. They have asked to give up the lease. It does not relieve you of responsibility for environmental concerns. f: Atty. Rogers. But if you keep them on lease till it is done, it is the same thing. You could not sign off on that paper. Mr. Gottstein. Having come here 3 times in the past few weeks, I have become familiar with your processes. Our attorneys have reviewed it. They are finding difficulty with some clauses. Some are law by City ordinance. There may be ordinance revisions required: That would require apublic process. If that is true, it gives the City ample KENAI CITY COUNCIL APRIL 18, 1990 PAGE 19 time to do an environmental assessment. When buy a piece of property, there are levels of obstacles to financing. When you lease,.there higher obstacles to finance. If it requires ordinance changes we want to be up front on knowledge of these. we are Mayor Williams. Regarding the City leasing policies. They have been developed over the Years. Those that are Set by ordinance, I would be reluctant to change because of other leases we I have. Mr. Gottstein. One of our attorneys has been concerned with our ability to get financing with the present lease. We will have to work with the City regarding this. I have been alerted that the present state of the lease has presented problems. Atty. Rogers. We have worked with banks on these clauses. Mr. Gottstein. Banks have changed much recently. Atty. Rogers. Our consideration is how many leases may be affected that we now have. You have no problem with the environmental assessment? Mr. Gottstein. No, we have -begun work on phase 1 assessment ourselves. MOTION, Amendment: Councilman Smalley moved that the cancellation date will reflect the date in which the City receives the environmental assessment of the property. There was no second. City Manager Brighton. This environmental situation is a brand new situation and was not there when I was negotiating with Fred Meyer regarding cancellation of the lease. Council said they were willing to cancel without a City environmental study. I relayed to Fred Meyer and they were depending on that. Now you will ask me to alter that. Mayor Williams. How long do you expect to take to enter into an agreement with the lease? Mr. Gottstein. We should have it by next week. It is as quickly as we can have a meeting of the minds. We might be able to make a decision quicker as we are a private corporation. There is time to do development. We want to make sure everyone is happy with the process. We would like to have a new lease by next meeting. Mayor Williams. Send our own team out to inspect the property? I don't know how you inspect for buried tanks. Mr. Gottstein. Regarding the environmental law issue. There are special proceedings in place that protect all parties. We have a phase 1 assessment we plan on doing. It may be useful for the City. Councilman Walker. Your acceptance would be based on your own phase 1 assessment? Mr. Gottstein. We are doing it because it is a governmental threat. We are reasonably convinced the site is clear. It is prudent for prospective purchasers to do for protection from the government. If we were to sell and there were contamination, you could define when contamination was put there so they can relate liability. Just as the KENAI CITr COUNCIL APRIL 18, 1990 PAGE 20 - City wants to make sure they were not in possession when pollution was put there. Councilman Smalley. If Fred Meyer was not aware of pollution when they laid ground, they would not have a problem with inspection. City Manager Brighton. My problem was Council said they had no problem with cancellation. They wanted it done the next day. I told them Council would have to wait till next meeting and that I could cancel the next day. If you alter that time, you would be changing me around and put me in a bad situation. Councilman Smalley. What happens if there is a problem there? It would make the City directly responsible for it. It could tie the property up. Finance Director Brown. Not.signing cancels till all approve the environmental assessment, but they could stop lease payments. City Manager Brighton. I don't know if that is a problem. Mayor Williams. If Carr-Gottstein is doing phase I.. they could do a complete assessment and send it to the : City. Atty. Rogers. I am sure it would be good but we should do our own. Mayor Williams. This thing seemed to be a cut and dried situation and there was a need for a speedy solution. Now there seems to be reluctance. Mr. Gottstein. There is no reluctance. We just want to get these things complete. Mayor Williams. You may have to send a letter to Fred Meyer apologizing for the delay and due to situations unforeseen to you, beg their indulgence for the delay. Councilwoman Swarner. I don't have a problem with cancelling. Atty. Rogers. Don't use their form. Councilwoman O'Reilly. Any idea of the time for an environmental assessment? Atty. Rogers. No. Councilman Measles. It is not long. Councilwoman O'Reilly. The organization leasing the property is responsible for the time of the lease. If It should happen, how does the City straighten this out in the courts? Atty. Rogers. Anyone that takes property during that time will be involved with the courts. Councilman Measles. You cannot sign away your liability on environmental matters. A statement in paper is useless. Atty. Rogers. But that is being contested. Councilman Smalley. Can we as a group accept cancellation pending environmental assessment but cancel payments? Atty. Rogers. If you direct us, we can. Councilman Smalley. Would they accept that? Mr. Gottstein. It would be difficult for me to imagine that Fred Meyer wants to avoid the issue here. If they get out of payments and realize they do not have liability,. they will be satisfied. MOTION, Amenchaent, Withdraw: v RENAI.CITY COUNCIL APRIL- 18, 1990 PAO 21 - Councilman Smalley withdrew his motion. MOTION, Amendment: Councilwoman O'Reilly moved to cancel the lease arrangement with Fred Meyer effective date when the result of environmental assessment is done, and termination of the lease payments effective April 6. There was no second. Mayor Williams. Does Council want City Manager Brighton to contact Fred Meyer and ask them how they feel? Explain we could not cancel on advise of legal counsel and the City is willing to make retroactive cancellation of lease payments? City Manager Brighton. Fred Meyer has every reason in the world to rely on what I told them. You will now change what I was told to tell them. We told them we would cancel the lease. We should sign the document tomorrow and assume responsibility for any environmental assessment. Councilman Smalley. Item 3 in the cancellation agreement. In court, does that jeopardize the City's Position for liability or is Fred Meyer responsible? Atty. Rogers. We are still responsible but why sign off on the document? It is another hurdle. It is conceivable to mutually cancel and rescind the lease. Councilman Smalley. Would that present a difficulty o You? City Manager Brighton. Using other documents than what they have signed? Councilman Smalley replied Yes- City Manager Brighton. They assumed on the basis of what I told them, they would be able to sign after the meeting and would not be liable after that. If there were environmental concerns they would be responsible as anyone else would be. Councilwoman O'Reilly. We should excise that Paragraph? Atty. Rogers. Not that portion that says we have inspected and accepted. The City has not inspected the property. councilman Smalley. To make the document factual, the City could sign the document pending date of inspection. City Manager Brighton. Till Fred Meyer Put on the date, they were under the impression it would cancel April 6. Mayor Williams. We have to rely on the fact the Feds have estimated this would happen and have not relieved lessees and former owners of liability and have to take care of it. Councilman Walker. We are haggling over I suggest we instruct Administration area Paragraph 3. paragraph regarding lessor inspection. a sor releases liability, etc. We couldladd as may appropriate by law. Something we could tie them back to. This document has not been in view of Council since Friday (April 13). City Manager Brighton's work has to be bond. I support releasing it this evening if we can hash that out. Atty. Rogers, I suggested deleting everything in paragraph 3 after the first sentence, have the City KENAI CITY COUNCIL APRIL 18, 1990 PAGE 22 Manager initial and send in. Councilwoman O•Reilly asked City Manager Brighton if he had a problem with that. Answer - no problem. MOTION: Councilman Walker moved, seconded by Councilwcman O'Reilly, to accept rescission of the lease of Fred Meyer: and at the same time, under paragraph 3 (under = Atty. Roger's advise) delete everything after "date", the last 4-1/2 lines. MOTION, Amendment: Councilman Walker., with consent of second, amended the motion to add, effective April 18, 1990. MOTION, Withdraw: Councilman Smalley, with consent of second, withdrew his motion. Mayor Williams. if there is any concern by Fred Meyer, tell them there is great concern by Council. City Manager Brighton. it is my guess you will get a letter saying the lease has been changed from what was originally signed. They signed and said they wanted it signed.by:April 6. I said we could not sign till after - the meeting. Councilman Walker. Is that okay? Atty. Rogers replied yes. :.VOTE; Motion passed unanimously by roll call vote. Mayor Williams. City Manager Brighton inform Council on Monday of any action. :.: H-8a Approval - Carr-Gottstein Lease - CIIAP k;- Robert Gottstein, Carr-Gottstein. We have submitted an application. Mayor Williams. At this point, the -property is wide open. Even though the application has been selected, it is still wide open. Mr. Gottstein. Action of Council would be subsequent to final lease being negotiated? Signatures would be S subsequent to that? Mayor Williams. 14 days to sign or forfeiture. Have we any lease? Atty.-Rogers. No, the draft was given to them. We are in the process of negotiating. We have no lease. Admin. Asst. Howard. Nor appraisal. We will need that. Atty. Rogers. The lease application clause in the Code - says first -application is processed first. There could be competing lessees. Mr. Gottstein. There is no action this date? Mayor Williams replied, right. No action by Council. C. PUBLIC HEARINGS k C-1 Ord. 1363-90 - Increase Rev/ - Air Filters for. - City :Buildings - $1,820 KENAI CITY COUNCIL APRIL 18, 1990 PAGE 23 MOTION: Councilwoman Swarner moved, seconded by Councilman Measles, to adopt the ordinance. - There was no public comment. Motion passed unanimously by roll call vote. C-2 Res. 90-08 - Support of Citizens Advisory Committee - Cook Inlet Oil & Gas Industry No Action by Council. Postponed to May 2 meeting. C-3 Res. 90-18 - Requesting from Air Force Obsolete T-33 Aircraft for Static Display at Airport MOTION: Councilman Measles moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-4 Res. 90-17 —Transfer of Funds - Supplemental Appropriation, Various City Accounts - $133,578 MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, tc adopt the resolution. There was no public comment. Councilman Measles. Are these transfers from different accounts? Finance Director Brown. This wipes out General Fund Contingency and tags Contingency. There are no new appropriations. Motion passed by unanimous consent. C-5 Renewal of .Liquor License - Kenai "Herit Inn MOTION: Councilman Measles moved, seconded by Councilwoman Swarner, to request,a 30 day extension from Alcoholic. Beverage Control Board. Motion passed by unanimous consent. C-6 Renewal of Liquor License - Little Ski No Drive,In Approved by Consent.Agenda. D. COMMSSION/COMITTEE REPORTS D-1 Council on Aging Councilwoman Swarner. There will be people in Juneau advocating (for Congregate Housing). D-2, H-1:1 Airport, Commission KENAI CITY COUNCIL APRIL 18, 1990 ' PAGE 24 Councilman Measles. The industrial display is waiting for a section, will be 1-2 weeks. Airport Manager Ernst. It is now complete. The wall is done. Councilman Measles requested Council refund for the June seminar. The Open House is May 12. There was a request from the car rentals to review rates. There will be a work session May 10. The asphalt overlay was discussed. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, that the City appropriate.$1,200 for funds for the training seainar. Mayor Williams suggested we bring in other comm/comet chairs. Councilman Walker. I think that is a lot of money to train us to do our job.. That is part of our job. You should investigate what you are doing. I question what they will get out of it. Mayor Williams. The training was based on airport operations. Airport Manager Ernst. It is specific toward the airport. How to get focused on what it wants to do in the future and what it is doing now. She has expertise as an elected official. That is the reason we thought it would be financially prudent to bring her here. It was cheaper than them going down. Councilman Walker. Commissioners are similar to elected officials, they are transient. Now we are spending money to train them. It is not the same as an elected official. It is good for this year but next year we are bringing in new personnel. I can see �`` spending money on elected personnel. Commissioners do f.: not make decisions, just recommendations. They should f be making decisions based on local input. Councilman Measles. The Airport Commission has been directed to make long term direction for the airport. They will have to deal with this. They need outside expertise to help them with it. They do not have the feel as to what (inaudible) Mayor Williams. The airport is ready to launch itself into long projects of bringing the airport up to speed. It is about 20% utilized. There may be public relations people, advertising programs and marketing. We have spent millions of dollars out there and have no direction. Hope won't get it. Part of this program will be further development and building up our facility. Councilman.Walker. It is this body's responsibility to give them their direction, not someone from out of State. I still have to speak against spending money from outside. Mayor Williams. There are very few on Council that have expertise regarding airports any more than the Commission has. Councilwoman Swarner. Can this be put on video? Airport Manager Ernst. I had not planned to. Councilwoman Swarner. It should be. Regarding marketing.. That is what we have an airport manager LA REAM CITY COUNCIL APRIL 188p 1990 PAGE 25' for. Mayor Williams. He is not an expert. waited 4 years for things to develop. I have Councilman Smalley. I think it is appropriate to expend this because,of lack of expertise of Council and in the City. If we can video we -would have a trading tool. Airport Manager Ernst agreed to video it. MOTE (Passed) Yes:.-O"Reilly, Smalley, Swarner, Williams, Measles No: Walker D-3 -Economic-Development Commission None D-4 Harbor Commission None D-5 Library Commission Librarian DeForest. The Night of 1000 Stars is April 25. Mayor. Williams nominated Linda Wetzel for Library Commission. Council agreed unanimously. D-6 Parks & Recreation Commission None D-7 Planning & Zoning Commission Councilman Smalley reviewed the minutes of the last meeting. D-8 Misc. Comm/Comm a. Councilman Walker. I received 2 oil platform pictures from Shell. Planning Secy Sumey noted the frames are complimentary. Councilman Walker. Arco has 4 and 2.more coming. Unocal has agreed to donate. ADDED ITEM: Mayor Williams.. I will send,a letter regarding the T-33 (Item C-3). E. E-1 Regular Meeting, April 4, 1990 F. CORRESPONDENCE F-1 AK Boards & Commissions - Appointment of Joanne Elson, AK Private Industry Council .F-2 AXC DOT., commissioner, Hickey - Location of Maintenance Station Approved by Consent.Agenda. G.. OLD -BUSINESS None H. NEW' BUSINESS. RSNAI CITY COUNCIL APRIL 18,E 1990 =- PAGE"26 `~` H-1 Bills. to bs Paid, Bills to be Ratified NOTION: Councilwoman O'Reilly moved, seconded.by Councilman Smalley, to pay the bills as submitted. `` Councilwoman O'Reilly. What 's y i. the Baldwin fee? pp Atty. Rogers. Somebody lost. Mayor Williams. It is for Inlet Woods. Finance Director Brown. We sued 2 groups. One is to the Supreme Court, it is not scheduled yet. Notion passed by unanimous consent. r_ H-2 Requisitions Exceeding $1,000 MOTION: Councilman Smalley moved, seconded by Councilwoman " O'Reilly, to approve the requisitions and include $2,225 from the Legal Dept., passed out this date. Motion passed by unanimous consent. H-3 Ord. 1364-90 - Increase Rev/Appns - Airport Terminal = Communications & Utilities - $8,250 H-4 Ord. 1365-90 - Increase Rev/Appns - Senior Day Care, Misc - $4,816 H-5 Ord. 1366-90 - Increase Rev/Appns - Library Books, Donations - $1,700 _ H-6 Ord. 1367-90 - Increase Rev/Appns - Council on Aging, Title, Title III - $101600 H-7 Ord.-1368-90 - increase Rev/Appns - Airport Taxiway A-.1 &.A-2 Improvements:- $12,250 Approved by Consent Agenda. H-8 (See immediately following item C-7) H-9 Disc. - Borough Res. 90-5 - Area -Wide Election for Borough to Assume Animal Control Powers City Manager Brighton. Soldotna City Manager = Underkofler asked me to bring this to Council. His theory is if the Borough took responsibility, they would contract back to cities and take care of outside cities. Everyone on our perimeter that wants to get rid of animals bring them to cities and the cities take - care of -them. The Borough will not be involved in this till there is pressure from outside the cities. Council took no action. 8-10 Approval -.Vacation of Section Line Easement - Kenai Original Townsite NOTION: Councilman Measles moved, seconded by Councilman =-= Smalley, to approve the vacation request. Motion.passed by unanimous consent. R-11 (See item D-2) - H-12 Ratification . of Boardwalk Agreement 4 KFNAI CITY COUNCIL APRIL 18, 1990 PAGE 27 Im Public Works Director Kornelis. We got the grant today. They did not have $30,000 of our donation of land as part of the matching funds. I contacted them, they changed it and sent it to Park Service. It does not look like the land would. be grant eligible anyway. We will probably have to come up with the additional $30,000. Part of the grant acceptance is they need Council authority at a meeting. We would have to come up with $9,000. if it goes over $180,000 we have to pay 100%. The State gets 10% of the total project cost. Councilman Measles. If we have to manage and do paperwork, what is the State doing for $18,000? Manager Brighton replied, not much. Public Works Director Kornelis. They have been working on it years. They passed on to the Parks Service. the City for 2 City Manager Brighton. They take 10% of the Federal grant and 10% of our grant. Public Works Director Kornelis. It is really not $90,000, it is more like $72,000. Finance Director Brown. It appears to be'a 40% grant. Public Works Director Kornelis. They led me on with the land deal. We were under that impression till today. It had to be Federal land given to the State. I tried to.do this with the Kenai River Mouth Viewing and they said it had to be taken out. It has to be readily available and marketable. But it is wetlands. We can postpone. MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, that the Council of the City of Kenai, during this council meeting of April 18, 1990, approve the agreement between the State of Alaska'and the City of Kenai -for the project entitled "Kenai Flats Wildlife Viewing Area" and authorize the City Manager to sign the agreement. Motion passed by unanimous consent. I. ADM NISTRATION REPORTS I - 1 Mayor Mayor Williams spoke. a. I attended the UPS reception in Anchorage, April 13. We have worked on getting this here in the past. It is a great deal of money. b. I attended the Exporter of the Year banquet in Anchorage, April 6, when I could not get a plane out. C. The Unity Trail Bike and Walk Rally is Sunday, April 22. Council is invited. Shuttles will be available to & from. d. KCHS 25th anniversary is April 21 & 22. I will be speaking at the ceremony. e. The DAV banquet is April 19 in Anchorage. I will be attending on behalf of the City. f. Student Government Day is May 2, per memo from Clerk Ruotsala distributed this date. g. The Borough garbage issue was interesting. Councilman Walker and I attended. I spoke to the issue and asked for tabling. The vote was 13-3 to table. City Manager Brighton received a call from k KENAI CITY COUNCIL APRIL 181 1990 PAGE 28 Borough Mayor Gilman. The time we bought will work in our favor. h. Planning Secy Sumey was hired unanimously as Borough Clerk. We extend congratulations to her. This will require restructuring by Administration. i. An article I wrote on municipal government was recently published in Alaska's Quarterly of Government & Industry. (item I-1) I-2 City Manager City Manager Brighton spoke. a. A report on seminars will be at the May 2 meeting. b. A request was received for purchase of a parcel of land previously owned by Bob Roper. (item 1-2) Council should review. 1-would-hope the City is not interested in leasing. MOTION: Councilwoman Swarner moved, seconded by Councilman Measles, that Administration discuss this with Mr. West and proceed with our blessings. Motion passed by unanimous consent. Councilman Walker. We should take some time and consider before we enter into a lease agreement. Mayor Williams. I would like to see his real plan. We could ask him to elaborate. councilman Walker. Should this be presented to Harbor Comission. Mayor Williams replied yes. I-3 Attorney Atty. Rogers spoke. a. I will go down to Juneau about May 4 or 5 for the end of the Legislative session. b. In addition to BEA, MTA, APUC and the Attorney General's office, Chugach Electric is now in it (Utilities suit), with my objection. I-4 City Clerk . Clerk Ruotsala reported she has destroyed ballots of the City of Kenai for 1987 and 1988. City Code requires this be reported to Council, but no motion is in order. I-5 Finance Director Finance Director Brown asked that Council discuss the RIP -program, per his memo in the packet (item 1-5). Mayor Williams asked that this be brought up as a discussion item at the May 2 meeting. I-6 Public Works Director Public Works Director Kornelis spoke. a. The minutes have 2 corrections.. Page 13, item I-6 (b), paragraph 2,. line 2 - Change to 1.6 Million gallons. Page 14, item J-2 (a), paragraph 2, line 3 - change to 20 ' stiles . r KENAI CITY COUNCIL APRIL-18, 1990 PAGE 29 b. The airport terminal panes were broken on delivery, the egress from the bar to the first floor. C. Councilwoman Swarner. The letter to Rep. Swackhammer and other legislators regarding water & sewer (distributed this date). Was there any discussion regarding the well improvements? Mr. Kornelis replied no. Councilwoman Swarner. I discussed it with Tom Wright and Rep. Swackhammer. They said there was something said. Mr. Kornelis. Water & sewer to Thompson Pk. and sewer treatment plant modifications is all. Councilwoman Swarner. I will talk to Juneau. Mayor Williams. Public Works Director Kornelis and I have talked regarding doing some kind of test well regarding aquifers. I asked about costs. That was just for.testing, not improvements.. I-? Airport Manager None ADDED ITEM: Mayor Williams asked Council if they wanted to support the request from Seward regarding the Field Biologist position, distributed this date.-. Council took no action. J. DISCUSSION. J-1 Citizens None J-2 Council a. Councilwoman Swarner. Wednesday & Thursday I will be in Juneau for the AML Legislative Committee. I will do lobbying for projects regarding municipal assistance and revenue sharing. b. Mayor Williams. I apologize to councilmembers for being abrupt. There was much to discuss and the hour is late. K. ADJOURNMENT Meeting adjourned at 12:45 A.M. Janet Ruotsala, CKC/AAE City Clerk h L sacs ': tk:.l :1 ��'. •�"� a `°.•ma's ��•iA.i