Loading...
HomeMy WebLinkAbout1990-05-16 Council Minutes• 40 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 16, 1990 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk 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 Min.) 1. Kris Ericksen - Airport Public Relations 2. Steve Peloza - Use of Beach North of River Mouth C. PUBLIC HEARINGS 1. Ordinance 1369-90 - Increase Rev/Appns - Council on Aging, Borough Fund - Janitorial Services - $720 2. Ordinance 1370-90 - Replacing Tables in Personnel Regulations - Salary Structure, Hourly Rates 3. Ordinance 1371-90 - Amending KMC 23 - Uniform Allowance, Police Dept. 4. Ordinance 1372-90 = Amending KMC 23 - Adding Job Classification - Sewer Treatment Plant Operator 5. Resolution 90-20 - Setting Percentage - Lease of City Lands 6. Resolution 90-21 - Transfer of Funds - Repairs to City Hall Ventilation - $90000 7. Renewal of Liquor License - Kenai Merit Inn 8. Tidelands Lease Application -- Tract C - Larry Powers D. COMMISSION/C0MMITTEE 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, May 2, 1990 F. CORRESPONDENCE G. OLD BUSINESS 1. Cook Inlet Housing Proposal a. Request Item Moved to B-1 2. RIP Program - Reconsideration 3. OEKOS Request H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1373-90 - Increase Rev/Appns - Float Plane Basin - FAA Grant - $66,782 4. *Ordinance 1374-90 - Adopting Annual Budget - 1990-91 5. Ordinance 1375-90 - Increase Rev/Appns - Senior Day Care - State Grant - New Employee Training - $722 a. Public Hearing - Ordinance 1375-90 6. *Ordinance 1376-90 - Amend Zoning Map - Lands Adjacent and including Spur S/D #9 (Senior Citizens Center) 7. Approval - Vacation of Utility Easement - Redoubt Terrace S/D - HUD/Integrity Surveys 8. Approval - Lease Modification & Extension of Note - Decor Inlet Industries - CIIAP 9. Approval - Amended Agreement - C. Cone - Cone Tract A-lB I. ADMINISTRATION REPORTS 1. Mayor • 2. City Manager 3. Attorney 4. City Clerk a. Review of Job Applications b. Final Performance Evaluation 5. Finance Director 6. Public Works Director 7. • Airport Manager J. DISCUSSION It KENAI CITY COUNCIL - REGULAR MEE MAY 16, 1990 - 7:00 PN KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING A. A-1 CALL TO ORDER G �COUAICIL SAT MINUTES !2t Mayor Williams called the meeting to order. Pledge of Allegiance A-2 Roll Call Present: Linda Swarner, Kevin Walker, John Williams, . Ray Measles, Christine Monfor, Marj O'Reilly, Hal Smalley Absent: None ADDED ITEM: Mayor Williams presented a plaque to Clerk Ruotsala,-in honor of her retirement. A-3 Agenda Approval Mayor Williams spoke. a. b. C. do e. f. g• h. i. j. k. 1. m. no o. NOTION: Because of travel concerns, item G-1 (Cook Inlet Housing) will be moved to item B-1. Because of travel concerns, item H-8 (Decor Lease) will be moved to item B-2. To complete action early to accommodate the applicants, item I-4a (Clerk Applications) will be moved to item B-3. The present item B-1 (Airport Public Relations) will be item B-4. The present item B-2 (Use of Beach) will be item B-5. The Borough has stated they will take no action on the Merit Inn Liquor License application, Mayor Williams requested that Council also take no action on this request (item C-7). There is a request for action under item D-2 (Airport Commission). Mayor Williams requested this action be discussed under item B-4. Material was distributed this date for item B-1. Additional material for item H-2 (Requisitions Exceeding $1,000) was distributed this date. Item H-5 (Ord. 1375-90) is scheduled for introduction and public hearing this date. I will call on Program Director Porter to explain why the public hearing was requested. Additional material for item B-2 was distributed this date. Material for item H-9 (C. Cone Agreement) was distributed this date. Material for item I-6 (Rublic Works Director Report) was distributed this date. Update for Info 11 (Harbor Rate Schedule) was distributed this date. A letter from Lobbyist Ashley Reed was distributc this date. Councilman Smalley moved, seconded by Councilwoman O'Reilly, to approve the agenda as amended. Notion passed by unanimous consent. e KWAg CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 2 A-4 Consent Agenda Consent Agenda was approved as submitted by unanimous consent. B. SCHEDULED PUBLIC COMMENT B-1 Cook Inlet Housing Proposal Tom Harris, Cook Inlet Housing Authority. Regarding the question of special assessments, if could they be waived. HUD has said it looks like they could not be waived. We have added paragraph 7 hoping that would settle the problem. Also, any outstanding assessments would be paid at closing. We have submitted.this to Council - working with Atty. Rogers, our attorney and HUD. The proposal was in the letter, we hope to add this to the agreement. It would be where there is streets, water & sewer already there. There would not be assessments in the future Owe would hope). We think this is the solution to the problem. We would hope we could bring to an agreement tonight. We are excited about this. Councilman Smalley. The proposed paragraph 7 in the attorney's letter? Legal Asst. Graves. It would be added to the original document with a letter of intent. Mayor Williams. The attorneys have worked out the discrepancies as we have reviewed them. I would ask Council for a motion to approve. Before we do that, was there any final decision as to numbers? Mr. Harris. We had hoped to do 30, but at the option of the City we would like to do 15. We have 19 on the list. Thirty would take us out to the Borough agreement. Mayor Williams. The Borough has 30 units. Is that to cover the entire area? Mr. Harris. 129 total units in the Borough, these 30 get to that number. Councilwoman Monfor. Wasn't this already approved with these questions to be settled? Mayor Williams. We took no action at the previous meeting. There were too many problems to settle. { Councilman Smalley. Do we need to include a statement in the motion regarding outstanding assessments? Mr. G.. Harris. We intend to have a letter of intent that will be included in the agreement. we talked to HUD May 15 !. and they agreed. Legal Asst. Graves. That would be :.: included in the agreement. Mayor Williams. Should we put that in the motion? Legal Asst. Graves. Include. paragraph 7 and the letter of intent. Mr. Harris. That is agreeable with Cook Inlet Housing. MOTION: Councilwoman Monfor moved, seconded by Councilman Smalley, that the City go into a cooperative agreement with Cook Inlet Housing Authority including paragraph 7 in item B-1 and we will have a letter of intent from j them that they will pay the City the outstanding assessments. Councilman Walker. I had more questions than the special assessments. One is, I see a loss in tax revenues and I don't feel at this time we can ask the people of the City for a tax raise and then take KWA1 CIT'St COUNCIL - MINUTES MAY 16, 1990 PAGE 3 payment in lieu of taxes that is substantially less than taxes. I cannot change my mind on this. VOTE (Failed): Yes: Monfor, O'Reilly, Smalley No: Swarner, Walker, Williams, Measles Mayor Williams requested Legal Asst. Graves research this item. NOTICE OF RECONSIDERATION: Mayor Williams gave notice of reconsideration, dependent on the Mayor's right to do so. Councilman Measles. a) I question the Mayor's right to a notice of reconsideration. b) This is reconsideration we are voting on. Mayor Williams. I will not dispute that. I have asked the Atty. for a review. Notice of reconsideration was not completed. Legal Asst. Graves. I would have to check the minutes to see if this is a reconsideration. Councilman Measles. Councilman Walker asked for reconsideration. This vote is a result of that reconsideration. Councilwoman Monfor. In the meeting I missed, it passed 4 to 2. I was under the impression the questions were only things that had to be done. Mayor Williams. There was a misunderstanding regarding if it had passed. We should research the minutes, if there has been action taken and there are only paragraphs to be taken care of. RECESS TO COPY AND REVIEW MINUTES OF 4-18-90 MEETING. MOTION, Rescission: Councilwoman Monfor-moved, seconded by Councilman Smalley, to rescind the motion. VOTE, Rescission (Passed): Yes: Swarner, Walker, Williams, Monfor, O'Reilly, Smalley No: Measles Mayor Williams. The procedural problem is with the last motion. At the 4-18 meeting, the same action was taken. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, that the City of Kenai go into a cooperative agreement with Cook Inlet Housing Authority and the document will include sect. 7 distributed as item G-1 this evening, and said document will include a letter of intent speaking to special assessments paid in full by the Authority. Councilman Measles. Is that not the same motion we Just had and the same motion that was reconsidered earlier? Mayor Williams. I want the motion clearly stated so we all understand it. Councilman Measles. I am not concerned about the motion. I am not sure what we are doing. Mayor Williams. We are getting your vote on the motion as it stands now. Councilman Walker. Is this just another way to reconsider our reconsideration? I am still unclear. Legal Asst. Graves. The problem I have is the motion to reconsider turned into a motion to rescind. Procedurally it is unclear. I think Cook Inlet Housing would like a definite reply this evening, but I think we need the exact proceedings. Councilman Smalley. Councilwoman Monfor's motion to rescind action. Is that different than a reconsideration? Legal Asst. Graves. Yes, any previous vote can be reconsidered. Councilman Smalley. We have a motion on that reconsideration. The motion I gave would be that of reconsideration, because it had been reconsidered. City Manager Brighton. On the basis of voting down the previous action, you did not call for reconsideration of the original question. Therefore the table is open for any motion. It may get technical if the wording is the same. If the wording is different, there is no problem. Mayor Williams. If we take action on the motion on the table and you do research on the technicalities and find everything in order, it would be action of Council? If you find an error it could be brought back to Council? Legal Asst. Graves replied yes. Mayor Williams. Vote on the action, then turn it over to Legal Asst. Graves to see if the procedures are correct. L, MOTION, Table: Councilman Walker moved, seconded by Councilman Measles, totable the action. VOTE, Table (Failed): Yes: Swarner, Walker, Measles No: Williams, Monfor, O'Reilly, Smalley Councilwoman Monfor. I did not ask for reconsideration. I asked for rescission. These people have been "jacked" around enough. VOTE (Passed): Yes: Williams, Monfor, O'Reilly, Smalley No: Swarner, Walker, Measles Mayor Williams. I would ask the Atty. to review our proceedings. B-2 Approval - Lease Modification & Extension of Note - Decor Inlet Industries - CIIAP Hoyt Cole, Representing Decor Industries. I am requesting written approval for the loan modification f:. • CAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 5 and extension agreement from 1st National Bank of Anchorage. The Bank's position would stay where it is, the City 's would stay where it is. There is no interest to change the position of the City. The Bank cannot guarantee an extension unless the City and others give this position. Mayor Williams. It'there any reason the City cannot do this? Legal Asst. Graves. No, the City remains in #1 position. MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to accept the modification as requested. Motion passed by unanimous consent. B-3 City Clerk - Review of Job Applications Mayor Williams. The Council met in work session May 14 to interview the two final applicants. The Review Committee had given 2 applications to Council. After considerable discussion it was recommended to give one recommendation to Council. There were a couple of Council members not present. Councilwoman O'Reilly spoke for the Committee. MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, that the City hire Carol Freas as City Clerk. Mayor Williams. The applicants did want to make a presentation to Council. a. Colleen O'Donnell. Thank you for the opportunity to present this and have you reconsider my application. I know you have all seen my resume. I would like to expand on areas I did not go into before. I think it is important for you to know my credentials and the caliber of my work. I think there is some discrepancy as to what people feel a legal assistant is. I got to that position by a lot of hard work. In 1976 I decided I could not rise any higher. I was supervisor of a law dept. in Anchorage. The requirement for entry level for school was, you had to have an undergraduate degree. I challenged it. I applied to Univ. of San Diego Law School. I had to have at least 10 municipal or state officials for recommendations. I had 2 mayors, one governor, and several legislators. They said I could do it even though it was a postgraduate course. I passed all courses. The Dean of the Law School interviewed me for 3 hours and chose to accept my application. I was chosen by 2 other schools. I was 32 years old, I moved to California and successfully passed that course in the top 5. I was hired by Wendell Kaye to be their first Legal Asst. and was there 5 years. I took all applications and made the determination as to what attorney they should see, based on the case. After that I decided to continue my education as I went along. I needed 6 credit hours per year. Attorneys have no requirements for continuing • KENAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 6 education. I have done this for 5 years. I go to Anchorage 2 times per year. Courses include time management, administrative skills, etc. I have worked as a professional in administration for 20 years, which I consider a Clerk to be. It positively needs to be filled by a person who has that position. I have been in management and labor and have taught at Kenai Peninsula College. I had the Clerk's position for 2 years with the City of Palmer. I handled all elections, minutes, P&Z, labor negotiations for Public Works. Also I was with the Police Dept. in Anchorage and have taken school board minutes. I have a varied background for this position. The citizens deserve the best qualified person. I respectfully ask you to reconsider this candidate. When I worked as Chief Deputy Clerk for trial courts, all civil litigation went to my desk. I did that for several years. When I left, my position was filled by 2 people. one person who took my place sits as Magistrate on week ends. I was nominated as Employee of the Year. That had never been done before in Kenai. It is done by your peers. I left to go into private practice before I knew I was nominated. I was also Marriage Commissioner while I was in the Court House. It is by appointment only. I married people for 3-1/2 years. All of these things attest to my qualifications. I successfully passed the Alaska State Troopers test for process server. I was an officer of the Court for 3-1/2 years. I feel that when a position of this caliber comes open, it does not come very often. Whoever has this position, they travel and represent the City. It is important that they be well qualified. Councilman Smalley made a remark about it being a hard decision, they were based on the qualifications of the persons that applied. The message you send to the people of Kenai as to who will take the position, the only merit should be their qualifications. Mine has been strong in administration and what this job needs. I would not think to apply for attorney, I.am not qualified for it. There are .others- I am over qualified for. But this is right on target. b. Carol Freas. No statement. VOTE (Passed) Motion passed unanimously by roll call vote. B-4 Kris Ericksen - Airport Public Relations Kris Ericksen. I understand my company has come up in the past and I have not been here to speak to you. I feel that I have been represented but I am not sure it has been accurate. In terms of a proposed budget, it came about with short notice (2-1/2 hours). I don't know who saw it before it got to you. I did not think it was to vote yes or no. It was just for ideas with little or no guidance. I would ask that you forget that and let me start over. If you are a large client and are forward thinking, you plan everything else - your marketing should be planned. If you do one thing Ai CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 7 at a time, you will pay more. You don't have an eye as to how much money you have to spend. There are a lot of things going on in the City, not just the airport. There are a lot of things that should be marketed. Council and the Commission should be consulted. All is to increase traffic at the airport. In the old budget, the float plane basin, I saw it as public use and private use to be marketed separately. The original plan was to advertise slips in magazines. However, advertising is expensive, especially magazines. $2,700 in Alaska Magazine for one ad, it should be done 3 , times. You could spend $15,000 to $25,000 to do a "bang-up" job. The amount of revenue that you can possibly make from the float plane basin at the very best (in option 2) as a commercial entity is $15,000. Option 1 would be $12,000 at most. It does not make sense to spend more than you will make. There are other options. One is placing stories in magazines. All of the magazines said they would run an article. My job is to enhance the odds that you will get a story in the paper. In order to do that, some have said yes, one said, "Write the article." Each magazine wants a different article. That would be less expensive and more effective. News carries 3 times what an ad does. Councilwoman Monfor. This is a situation where we will have to work with Kris Ericksen, the Airport Commission and Council. The Airport Commission has grandiose ideas. Mayor Williams. Publicity and promoting the airport has been on my mind for some time. We should have an overall view of Kris Ericksen's ideas. Balloons and T-Shirts are ideas that Council passed by. We have 3 new interests for the airport - new hanger, new fuel terminal and 3rd airline. We have to pull together a good promotional program. But we need a tighter package. Kris Ericksen could work on that and we could then have a work session. Councilwoman Monfor. The Commission needs to look at marketing. Mayor Williams added, land system, float plane basin and terminal. Kris Ericksen needs to familiarize herself with the land system. Kris Ericksen. If I meet with the Commission, if I do not have input from Council, we will be where we were before. COUNCILWOMAN MONFOR LEFT, 8:30 PM. Councilwoman Swarner. We need to tell the Airport Commission to stay within the budget or we should meet with them. Councilman Smalley. I think a work session with the Commission to draft out what needs to be done. Councilman Measles. A work session to include EDC. We need to determine what are viable marketable aspects of airport. There is no need to promote anotLer airline. The float plane basin could not be marketed by itself. Maybe lands is where we should be. It would have to be decided first. COUNCILWOMAN MONFOR RETURNED, 8:45 PM. Councilwoman O'Reilly. Regarding the memo (item B-4). That disturbed me. "City Council public relations." I don't think we need this for Council, for economic development - yes. • K AI STY' =MCIL - MINUTES MAY 16, 1990 PAGE 8 Mayor Williams. We should market the land system and float plane basin. Council agreed to have a work session with EDC and Airport Commission, June il, at 7:00 PM. Kris Ericksen. Everybody think about what you are trying to achieve - making money, promotion, etc. Mayor Williams. The airport is the gateway to the City and the Central Peninsula for commerce, industry and transportation. The studies regarding the ferry system a v-e. " complete. There is a major effort to bring it to this area. We have spent much money promoting the airport. I did not want to detract from that. But there is freight to move. There will be competition in the area and we need to be prepared for that competing market. B-5 Steve Peloza - Use of Beach North of River Mouth Steve Peloza. Mr. Peloza reviewed his letter (item B-5). A proposal regarding a sports area on the beach. We may have live music for the kids. Councilwoman Monfor. At the outf all below Wildwood? Mr. Peloza. Yes, there are no set netters there. Councilwoman Monfor. would you charge? Mr. Peloza. Yes, but it would be very reasonable. At $5 with free soft drinks, no alcohol. Councilman Smalley. The upland owners, how much of the property below the bluff do they own? Admin. Asst. Howard. I don't know. Legal Asst. Graves. But we can find out. Councilman Measles. There is 100 ft. buffer along the bluff. Mayor Williams. There is a set back zone. Public Works Director Kornelis. This is a street map (in the packet), not a property map. Mayor Williams. Is there any legal reason why public access could take place and somebody could make a profit from this? And what is our liability? City Manager Brighton. If you let him use it and he charges, anyone who does not pay could not use it. Mr. Peloza. There would be a thoroughfare for them. Mayor Williams. Access is used by set netters. Mr. Peloza replied yes. Mayor Williams. The City is in the land business. Every piece of land that is used, we get remuneration. We would have to make a policy statement regarding this. Legal Asst. Graves. When we are doing is giving a lease of land to someone who wants to make money. There are others who want to make money on City land. Mr. Peloza. This would be a positive thing for the community for young people and we would clean up the beach. Mayor Williams. We often use the beach for public activities where private enterprise makes money, hot dog stands, etc. Councilwoman O'Reilly. But if you don't want to buy, you can still be there. I think it is a noble idea but the City would open itself up to problems. Councilwoman Swarner. It is a good idea but it is a "can of worms." There would be problems with set netters and the public using the beach. Councilman Walker. It is a good idea. I don't see we will have a problem With set netters. I think we can M1 CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 9 work out something. We don't know the value of the property. Perhaps a lease agreement could be worked 't out. That part of the beach is pretty empty. But I don't see it by June 1. Councilman Smalley. It is a noble venture. Bringing it about may take a lot of research. Regarding set netters. There will be a lot of traffic. They can be an unfriendly lot at times when people are using their beach. Councilwoman Monfor. Set netters lease their sites I from the State and the City. They would be north. The only thing would be those that are picnicking. Once the fish are running, you are asking for trouble. I would be concerned with that. Mr. Peloza. It would be only at low tide and there would be access. It is a nice beach to go to waste. Young people need something to do. A senior citizens picnic would be nice. It would help clean the beach. I am not trying to make big money. I am looking at f. some kind of lease, maybe 10 years. Councilwoman Monfor. Have you met with Administration? �. Admin. Asst. Howard. He spoke to me, I talked to City E. Manager Brighton, Recreation Director McGillivray and Mayor Williams. Mayor Williams. Traditionally in the U.S., beach property that is open to the public is very seldom restricted by charge unless it is a direct lease from a municipality or owner. That is usually a small area. I don't see use of a large area for private enterprise. Mr. Peloza. About 5 acres. Mayor Williams. That is a large area. I am not against the project, just the method of utilizing public lands. Mr. Peloza. Maybe the City should do it. Mayor Williams. We spend a lot of time on that now. City Manager Brighton. Suppose you lease 5 acres and a couple more entrepreneurs ask for 5 acres on this side of the sewer treatment plant. Would you be able to say no without having discrimination? Mayor Williams. I think we would be willing to lease any part of it, where we own land. Councilwoman O'Reilly. I have a problem with making public beaches private. In Massachusetts there are beaches that only owners can use. In Hawaii they are public. Councilman Smalley suggested, charge a fee, take them to a public beach, and then take them back up. Mayor Williams. .Charge them a fee from someplace else? Councilman Measles. He would have to have a taxi license. Mr. Peloza. What about toilets? Mayor Williams. If you pick them up at a special location, you don't need a taxi license. Mr. Peloza. I could bring them anywhere? Councilwoman Monfor. I would prefer you take them to one place. Councilwoman Swarner. What is the liability of accidents on City land? Legal Asst. Graves. It would depend on how close the City is with the problem. If it is not a condition the City created, we would not KENAI CITE' COUNCIL - MINUTES MAY 16, 1990 PAGE 10 have liability unless we become involved in it. If we enter into an informal partnership we could get a lawsuit. Councilwoman Monfor. Because of low tide, there would be days you could not do it. Mayor Williams. He could charge fee to take them down there. Mr. Peloza. I would rather have a lease so I can advertise. Mayor Williams. That would involve appraisal, insurance, etc. Mr. Peloza. Who could I work with on this? Mayor Williams. By the time you.worked on all the other details, the.season would be over. Admin. Asst. Howard noted, $3,020 for an appraisal. Mr. Peloza. I will not do that. City Manager Brighton. He is talking about Parks & Rec activities. He wants to know who he should talk to. He should talk to Recreation Director McGillivray and the Parks & Recreation Comm. Mayor Williams. They could work out a scheme with Parks & Rec. They could not set policy. Councilman Measles. As far as the City backing what he does, we cannot do that. City Manager Brighton. I think the City has no business contracting or leasing a portion of the beach to private individuals. That is a public beach. For us to restrict is a mistake. Mr. Peloza. What about fishing guides? Mayor Williams. They are licensed by the.State. Mr. Peloza. What should I do? Councilwoman Monfor. Just do'it. Council took no action. C. PUBLIC HEARINGS C-1 Ord. 1369-90 - Increase Rev/Appns - Council on Aging, Borough Fund - Janitorial Services - $720 MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ord. 1370-90 - Replacing Tables in Personnel Regulations - Salary Structure, Hourly Rates MOTION: Councilwoman O'Reilly moved, seconded by Councilman. Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1371-90 - Amend KMC 23 - Uniform Allowance, Police Dept. MOTION: Councilman Smalley moved, seconded by Councilman Measles, to -adopt the ordinance. Af CITY COUNCIL - MINUTES MAY 161 1990 PAGE 11 There was no public comment. Motion passed unanimously by roll call vote. C-4 Ord. 1372-90 - Amend KMC 23 - Adding Job Classification - Sewer Treatment Plant Operator MOTION: Councilman Measles moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Res. 90-20 - Setting Percentage - Lease of City Lands MOTION: Councilman Measles moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Res. 90-21 - Transfer of Funds - Repairs to City Hall Ventilation - $9,000 M MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Councilman Walker. $2,800 for remainder of year? Public Works Director Kornelis. This would zero out the account. We feel $2,800 would be needed to complete for other possible problems. Councilman Walker. Complete what? City Manager Brighton. It is surplus to prevent us from coming back before the end of the year. If it is not used, it will come back to General Fund. It is not identified to be spent at this point. Mayor Williams. Are there Barber Coleman dampers on the back? Public works Director Rornelis replied, I do not know. C-7 Renewal of Liquor License - Kenai Merit Inn Mayor Williams. (Reviewed letter from Kenai Borough attorney, distributed this date) We do not have to take any action. Councilwoman Swarner. It should be noted it says that '... the Borough and Soldotna taxes are delinquent, not Kenai. Mayor Williams. They have property in Soldotna. Councilwoman Swarner. She goes speeding down my street. Mayor Williams. Have her arrested. C-8 Tidelands Lease Application - Tract C - Larry Powers Councilman Walker (to Mr. Powers). In a Harbor Corm. meeting earlier this month, there were several items KENAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 12 they brought up. Have you been made aware of these items? Larry Powers. No, but I am aware of them. Councilman Walker. In the Corps. permit and lease application, all numbers should be the same. Are the designs signed by the engineer? Mr. Powers. I believe so. The 1988 Corps. permit for this (Aug. 11, 1988) allows me to do a 24 ft. wide boat launch into the river. Council had a chance to object then and did not, but they are now. Mayor Williams. There is no objection being done. Mr. Powers. This is not the same as the drawings. But since 1988 I have had 3 years to gather funds and get ideas. I have a letter with the permit for Council to review. (The letter was distributed) This letter came with the Corps. permit. The engineers finished the drawings this date for the project. I could have amended the Corps. permit applied for that Mr. Kornelis wrote a letter on May 9. I think we are talking about 2 different Corps. permits. Mr. Kornelis' letter has a different number than the one I have. I have 17 acres, I want 2 floating docks, 1500 boats stored. I have every intention to go up to 150 ton boats, larger than anything we can pull out now. I don't know why the City would object to having another Corps. permit issued. That is down the road a bit. Mayor Williams. The City has never objected to issuance of the Corps. permit. Mr. Powers. Mr. Kornelis' letter objected to issuance unless drawings were modified. That is still in the planning stage - that dock, etc., and will not come about for several years. Mayor Williams. The Corps. letter - 2nd paragraph says if there are changes on location, plans should be submitted to the office. That is the primary concern. Mr. Powers. The drawings are complete. All we have been waiting for is stamped engineer's drawings. We should be on line with that. The old Corps. permit of 1988 can be amended. Councilwoman O'Reilly. Is this letter of Aug. ll, 1988 granting Corps. permit to be used for this floating dock? Mr. Powers. Yes, that was issued before I knew the City owned the tidelands. Councilwoman O'Reilly. And you are in the process of doing paragraph 2 (Kluge letter)? Mr. Powers. Yes, I will get with the Corps. May 17. Councilwoman O'Reilly. Is this Corps. permit good for an indefinite period? Mr. Powers. Yes, It took me one ` year to y get the permit. Councilman Smalley. The May 7 letter from Mr. Kluge. #2 deals with anchors and lateral movement. Are you going to alter your - - - ? Mr. Powers. Yes, the new plan calls for pilings. There are no objections from the Corps for that. Mr. Borsetti (Corps. of Engineers) said there were no objections to Mr. Kornelis' submittal. In several days we could have approval. Councilman Smalley. Number 4 (Kluge letter), any problem? Mr. Powers. No, that is what it is designed for. I will probably not have that much of a load. It is what Marvin Dragseth did for 10 years. KENAI CITY COUNCIL - MINUTES . MAY 15, 1990 PAGE 13 Public Works Director Kornelis. This permit we have never seen before. In the packet is a copy of the Corps. permit. This is the first time we have seen this Corps. application. Engineer LaShot and I noticed different things from the Corps. permit and submitted drawings. This was submitted to the Harbor Comm. The Harbor Comm. made a motion that the drawings we receive should be similar to those of the permit. The drawings have not been signed yet. In response to the application, I wrote the May 9 letter. I did not mean we objected to the permit. I sent a copy to Architect Kluge and Mr. Powers. I called the Corps. of Engineers to say we were not objecting, just to make sure it was the same as the drawings the Corps. had. They thought the Corps. permit should be modified and then submitted to the City. Mayor Williams. Admire. Asst. Howard has designated questions on the memo. We will want to lease the lands contingent on those measures. MOTION: Councilman Walker moved, seconded by Councilman Smalley, that we enter into a lease agreement with Larry Powers or at least accept the lease agreement with Larry Powers, based on modification of Corps. of Engineers permits and signature on the lease. MOTION, Amendment: Councilman Walker, with consent of second, amended the motion to add that the City enter into the lease application provided the lease be stamped and signed and contingent upon approval by Corps. of Engineers. Motion, as amended, passed by unanimous consent. D. COMMISSION/CO1waTTEE REPORTS D-1 Council on Aging a Councilwoman Swarner. Congregate Housing received $3.8 Million from the Railbelt Energy Fund but it has not been signed by the Governor. Mayor Williams. It was not all from Railbelt Energy Funds. Councilwoman Swarner.' The Congregate Housing committee is still meeting weekly. The fashion show is this week. Program Director Porter. The presentation to United Way is May 21. Mayor Williams. The Senior Citizens housing. Council should be considering future plans, selection of architect, design committee other than that in place, people professionally involved in this. $3.8 Million is not close enough for the original project. We have to make a determination whether we want to stop at that or "sweeten the pot." That will be tied with the architect fees. I think we can get more for our "buck." $5.2 Million is excessive. 40 units is $100,000 per unit. We can do it, but we need an architectural review contingent upon how soon we can proceed. City Manager Brighton. We have to have notification that the money is available and Council has to 1 ice.... KENAI CITY COUNCIL - MINUTES MAY 161 1990 PAGE 14 tappropriate. Mayor Williams. How long? Finance Director Brown. Usually about August from the State. Mayor Williams. Would Council like to proceed early for the architect regarding what we can expect? We will want to hear from more than one architect, Councilwoman Monfor. How much longer before the Governor has to sign? City Manager Brighton replied, 60 days. Councilwoman O'Reilly. Do architects tend to be less expensive after the building season? Can we wait till Fall? Public Works Director Kornelis. It would depend on the work load. It would be higher if there was more work. I perceived this as starting this winter. That would give us more time and give us a better price. Mayor Williams. I would like to see it ready to bid early in the Spring. Anything we can do early is the first step. We have no idea what we want in the building since the money situat-Lon has been altered. We need time after the architect reviews to see what we want to do. Councilwoman Monfor. June meeting we will know if By �1 it will be vetoed? Mayor Williams. Not necessarily. Public Works Director Kornelis. We have 2 registered architects, I believe. Mayor Williams. I would like to see us begin to acquire names of architects, find out how many would be interested in giving us a preliminary design, have the committee sit with the architect and work up. It would not cost us anything. Councilwoman Swarner. I agree but we don't have to rush into anything. Getting names is the 1st step. Councilman Smalley. I agree, also identify similar buildings and find out how they did theirs. Mayor Williams. We will have to have some modifications of Size and design to get cost. The plat of land will have to be modified? City Manager Brighton replied yes. Mayor Williams. That could be done this summer. We can ask Public Works Director Kornelis to do those things - identify architect, begin modification to land plat, get us moving on this direction. Councilwoman O'Reilly. Agree. As long as it does not cost any money. Mr. Kornelis. We are already getting requests from architects regarding the Bicentennial building. Mayor Williams. We should establish a date for preliminary renderings. Mr. Kornelis. They will need criteria from the committee. Mayor Williams. It is mandatory we get a determination or consider other financing. Councilwoman O'Reilly. I think we should go with the original 40 units and see how much we have. Councilwoman Monfor. Then go down I from there. City Manager Brighton. Regarding Capital Improvement Projects funding - $2 Million went to Chugiak to add 20 units. They are talking $100,000 per unit. Councilwoman Monfor. Just tell the architect we have $4 Million and 40 units and to design. KENAI CITY COUNCIL - ICM TEES MAY .16, 1490 PAGE 15 D-2 Airport Commission Councilman Measles. What happened at the last meeting? Airport Manager Ernst. It was cancelled. Councilman Measles. I was not told. ITEM C-8 (contd): Mayor Williams. Item C-8 (Tidelands Lease Application. Larry Powers). Page 2 of the permit, paragraph 5, lists Kenai: -River Special Management Area. That stops at the bridge. This should be corrected. D-3 Economic Development Commission City Manager Brighton. (Reviewed minutes) Page 2, #1 and #2, statements were made by Marion Nelson. Councilwoman Monfor. Tell her to clean up the refuse in f runt of the Hall. D-4 Harbor Commission Councilman Walker. (Reviewed minutes) They discussed Larry. Power's request. Marpol V regulations -were discussed. D-5 Library Commission None D-6 Parks & Recreation Commission a. Councilwoman O'Reilly. At the May 8 meeting they discussed that due to the lack of usage of the Rec Center on Sundays, they will close it in summer beginning July 1. Recreation Director McGillivray. The Teen Center will remain open. b. Councilwoman O'Reilly. Where are the Parks & Recreation Comm. minutes? I would like to see them sooner. Recreation Director McGillivray. The Beautification Comm. minutes are taken by staff, others � by the hired person. ADDED ITEM. Councilwoman Swarner. There are many misspellings in the EDc minutes. D-6 (contd) C. Mayor Williams. Regarding Parks & Recreation. Over the past years I have been asking for pavilions. In the last few weeks I have visited communities that have covered pavilions of 20 x 40 ft. With Council permission, I would ask for the cost from Recreation Director McGillivray to appropriate money in time for the softball games. Recreation Director McGillivray. We have a proposal for a 20 x 40 ft. pavilion. Public Works Director Rornelis. I brought it to Council, I will bring it again. Councilman Smalley. I am Agreeable, depending on cost. Should the City undertake this or could we take it to Wildwood for labor? Mayor Williams. We could look into it. Recreation Director McGillivray. We are working with them on another project. It will be at the next Council meeting. With the cold storage • KENAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 16 building the price we had with a metal roof was reasonable. That would be different for prison crews. A wooden one would be better. Mayor Williams. Come to Council with a metal one. d. Councilwoman Monfor. The City park. Are we going to leave it open for camping? We have 2 open now and there is real riffraff in there. We may have some problems this summer. Recreation Director McGillivray. We are just getting crews now. Councilwoman Monfor. They have been there for some time. Mayor Williams. The area is posted. a. icontda Councilwoman Swarner. If the gym is closed, will that be a reduction in the budget? What will you do with the employees? Recreation Director McGillivray. Normally we hire extra, we will not have to. Two Sundays ago we made $22, last Sunday - $95. $72 was by cards. It has been that way for the past couple of years. e. Councilman Smalley. I have received phone calls from people regarding planting their own corner. If the City brought the dirt, they would be glad to maintain them. Public Works Director Kornelis. One year we had a supply of top soil and we would deliver. We do not have a supply now. Councilman Smalley. How expensive is it? Mr. Rornelis. It depends on the quality. We do not have a supply, just dark peat. Recreation Director McGillivray. We have some by the softball fields. Councilman Smalley. Visitors to the community love these. People I have talked to are talking about reserved areas. Recreation Director McGillivray. If they want dirt, will we have to haul out what they dig out? Councilman Smalley. They can do that. They just want dirt to spread out. Recreation Director McGillivray. It is hard to get good clean top soil. Councilwoman O'Reilly. If you are talking about a small corner that residents could make a garden, residents could do the screening. Mr. Kornelis. If they are patient enough, we can find some. If Council does not object we will haul it. Council agreed to the suggestion. D-7 Planning & Zoning Commission Councilman Smalley reviewed the minutes. There will be a work session May 23 regarding encroachments, after AD the regular meeting. Mayor Williams. What did P&Z do with Tony Knowles' handouts? Councilman Smalley. I don't know. D-8 Misc. Conga/Comm a. Councilwoman Swarner. Beautification Comm. They discussed signs. They will meet May 22. The sign would be at Big John's. Emphasis will be where to turn. There was discussion regarding a storage building and sidewalks in Memorial Pk. deleted from the budget. The Beautification Comm. will come to Council June 6 regarding this. Also the City flag, do we have one? Clerk Ruotsala. We had a discussion some time ago but nothing was done. Councilwoman Swarner. We could have 4 flags, 2-sided, it would be $600. KENAI CITY COUNCIL - MINUTES MAY 160.1990 PAGE 17 • b. councilwoman Monfor. The Bicentennial Comm. The first mural will be dedicated June 2. It is really spectacular. There will be a.reception. I': • . MINUTES E-1 Regular Meeting, May 2, 1990 Approved by Consent Agenda. F. CORRESPONDENCE None G. OLD BUSINESS G-2 RIP Program - Reconsideration Mayor Williams noted the memo from Clerk Ruotsala and reviewed the memo from Finance Director Brown. Council took no action. �• NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $10,000 MOTION: Councilwoman Monfor moved, seconded by Councilman Smalley, to approve the requisitions with the addition of Alaska Valuation Service, Inc. in the amount of $3,500. Motion passed by unanimous consent. H-3 Ord. 1373-90 - Increase Rev/Appns - Float Plane Basin - FAA Grant - $66,782 H-4 -Ord. 1374-90 - Adopting Annual Budget - 1990-91 Approved by Consent Agenda. H-5 Ord. 1375-90 - Increase Rev/Appns - Senior Day Care - State Grant - New Employee Training - $722 a. Public Hearing Ord. 1375-90 MOTION: Councilman Measles movede seconded by Councilwoman Monfor, to introduce.theordinance. There was no public comment. Program Director Porter. I asked for the public hearing because Rhonda Webb (Forget -Me -Not Center) has submitted her resignation effective May 31. There are no funds for training of the new employee. I called OAC and. they were willing to fund this. Motion passed by unanimous consent. KENAI CITY COUNCIL - MINUTES MAY .16, 1990 PAGE 18 MOTION, 2nd Reading. Councilman Measles moved, seconded by Councilwoman. Swarner, to have the 2nd reading. There was no public comment. Motion passed by unanimous consent. MOTION: Councilman Measles moved, seconded by Councilwoman Swarner, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. H-6 Ord. 1376-90 - Amend Zoning Map - Lands Adjacent & Including Spur S/D #9 (senior Citizen Center) Approved by Consent Agenda. H-7 Approval - Vacation of Utility Easement - Redoubt HU Terrace S/D - D/Integrity Surveys MOTION: _ Councilman Smalley'moved, seconded by Councilwoman O'Reilly, to approve the vacation request. Motion passed by unanimous consent. H-9 Approval - Amended Agreement - C. Cone - Cone Tract A-lB City Manager Brighton. Chester Cone wanted the additional 30 ft. easement from a septic system standpoint. We agreed. $1,000 to $5,000, we agreed. He objected to the time, it was changed to 2 years. If we get Corps. permits, we shall purchase. I think it accommodates his wishes and Council's wishes. - Councilman Smalley. Is there a clause for the extra year and at what cost? City Manager Brighton. Yes, at no cost. Section 3 & 4 were changed. Legal Asst. Graves. Section 4 is regarding the extension. It is not automatic. The seller has to agree. Mayor•Williams. Is there an objection to Section 7? Councilwoman Swarner. What was the original amount? City Manager Brighton replied, $1,000. Councilwoman Swarner. I have a problem with that amount, but I don't know what we can do. City Manager Brighton. You have to do something with an option. I don't think it is unreasonable. Should the Corps. permits be forthcoming, it will be applied to the purchase. Councilman Measles. Originally it was my understanding the time would be established by the Corps. of Engineers. I have a problem with a 2 year period, but I don't think we can do any better. Mayor Williams. Do you think it will take longer than 2 years? Public Works Director Kornelis. This is unusual. Besides the Corps. of Engineers permit, there will be 4-5 permits more. It will take a while. Councilman Measles. The Kenai River Special Management Bd will probably try to take all of the lower river. A KENAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 19 Mayor Williams. They have no statutory authority. We own the land below the water. I have problems with this. City Manager Brighton. He is insistent on the time situation. Councilman Measles. At the end of the second year, if we do not have a permit, it is unlikely he can sell. MOTION: Councilman Walker moved, seconded by Councilman Smalley, for approval of the amended agreement with Chester Cone, Cone Tract A-1B, item H-9 in the packet. Public Works Director Kornelis. Did he mention Tract A and .the additional 2.02 acres? Answer - yes. : Motion passed -by unanimous consent. I. ADMMSTRATION REPORTS _ I-1 Mayor Mayor Williams spoke. � a. !fhe Citywas incorporated May 18 1960. We ' rpo y , will celebrate our 30th birthday May 30 at the Chamber of Commerce luncheon. I have asked the remaining members of the Charter Committee to attend. The City will act as host. It will be "City of Kenai Day" in Kenai. I would invite the Council to attend. b. The Charter Review Committee. It might be very well to seat a Charter Review Committee, members made up of Charter signers. Councilwoman Swarner. Don't open up a "can of :r worms." Councilman Measles. Look at it.in another 30 years. Council took no action. c. The Volunteer Appreciation Reception is May 30 at Mr. D's, at 7:00 PM. d. The Hospital Service Board appointment. The j Quesnels are not able to serve. E Councilwoman O'Reilly recommended Janet Brown. �. Mayor Williams asked Clerk Ruotsala to contact the Borough Mayor regarding appointment proceedings and contact Janet Brown to fill out an application. _ Councilman Measles. They are advertising now. They meet once a month. They have to serve on a committee. e. The Harbor Commission needs one more member. We will be working on that. f. Councilwoman Swarner. Jim Krein asked to serve on the Personnel Arbitration Bd. Mayor Williams. I sent him an application. g. Mayor Williams.. I sent a letter to Fish 6 Wildliferegarding cleaning -the buildings in Old Town. Clerk Ruotsala.. They called this date,. KENAI CITY COUNCIL MINUTES MAY 16, 1990 PAGE 20 they will be painting the buildings this summer,, . they will send a follow-upletter. 1-2 City Manager City Manager Brighton spoke. a. He distributed copies of the Legislative final report. b. Amended dock rates for 1990 season were distributed this date (Info 11). If there is no object -ion from Council, they will be as listed. co He distributed a confidential envelope regarding a grievance by an employee. d. I am requesting an executive session between now and the adoption of the budget. Clerk Ruotsala. I was going. to ask for an executive session during -the Clerk's Report,, for a final evaluation. could they be -performance combined? NOTION,? Executive Session: is Councilman Smalley moved, seconded by Councilman Walker, for an executive session - matters., the immediate knowledge of which would clearly have an adverse effect upon the finances of the City. Councilwoman O'Reilly. It is too much to do both. Notion passed by unanimous consent. COUNCIL ADJOURNED TO EXECUTIVE SESSION, 10:55 PH. Clerk Ruotsala was called in after the first part was. completed vV:. COUNCIL RECONVMW,, -20 PH., 1-3 Attorney: None 1-4 City'Clerk Wone 1-5 Finance Director None 1-6 Public Works Director Public Works Director,reported the Corps. of Engineers permits for willow St. Extension and Kenai Boat Ramp are in the public comment period. 1-7 Airport Manager Airport Manager Ernst spoke. a. The Airport Open.House was a success. KENAI CITY COUNCIL MINUTES MAY 16, 1990 PAGE 21 b. Mayor.Williams. Could the.City use a free helicopter ride to take pictures of the airport area? Answer - yes. J. DISCUSSION J-1 Citizens a. Father Targonsky, Russian Orthodox Church. May 13 through May 19 is National Historic Preservation Week. The Russian Orthodox Church has been designated as a National Historic Landmark. It is their highest achievement, I tell tourists that. There are 22,000 on the list, only 8 are national, the remaining are state or local. 46 are in Alaska, 7 are Russian Orthodox churches. This is the only one on the Peninsula. I would like to see the City and the Chamber of Commerce take pride in this church and offer us financial and technical aid, whatever they can, for preservation work. We do need help. At the present time we i= have stopped work because we are out of funds. The Kenai Historical society has been helping restore the Shrine (Chapel). It would be nice if by 1991 that work could be completed. What is Council's attitude toward this? Mayor Williams. Where did the funding come from in Sitka after the fire? Fr. Targonsky. It was a conununity organization of community leaders. It did not lose its standing because it was rebuilt as it was and most of the artifacts were saved. It was a community effort. Mayor Williams. Fr. Targonsky has been coming to Council for a number of years asking for help. We have always looked at it as separation of church and state. But it is not uncommon to do. If the City can spend money for a visitors center and senior citizens dining room & land for housing, we should be able to find it in our budget to contribute something. Even if only technical assistance. First thing that needs to be done is cost of restoration of the Shrine. I would urge Council to consider. We are celebrating our Bicentennial based on Russian history. J-2 Council a. Councilman Walker. Regarding Cook Inlet Housing Proposal (item B-1). After tonight's action, if it does end up appropriated, is the final draft coming back to Council before it is signed? Legal Asst. Graves. If Council wants it to. Preparing will not take long at all. Councilman Walker. I would like to see it come back to Council. Councilman Smalley. Come back as information? Councilman Walker. It depends on what we see. Legal Asst. Graves. The document would be the agreement in the packet with the inclusion of paragraph 7 and the letter of intent. Mayor Williams suggested, get the document -prepared for Council review prior to next meeting. If there are any differences, Council could decide whether to do anything else. 5 t the �p.I 99p tine I SPea wonderful Y 1 , tNGR 22 0, ge111Y • n � US5 , der ful PA womap e aPe won b. co t durinfacilities are o Janet guotSala ai rP° d the We" t ti%e Zley . ca ro]. Ereas • d �ounci atuj'O o t to evesYane co aid con9r d good-bYe k gu°tsala at sai d• cler thaws • meeting vel down on the wo nought the g IZa • . clerk Ruotsala 3anet gook ala city Cl'e • : 4, • KENAI CITY COUNCIL PARTIAL TRANSLATION MAY 16, 1990 B. SCHEDULED PUBLIC COMMENT B-1 Cook Inlet Housing Proposal Tom Harris, Cook Inlet Housing Authority. Regarding the question of special assessments, if could they be waived. HUD has said it looks like they could not -be waived. We have added paragraph 7 hoping that would settle the problem. Also, any outstanding assessments would be paid at closing. We have submitted this to Council - working with Atty. Rogers, our attorney and. HUD. The proposal was in the letter, we hope to add this to the agreement. It would be where there is streets, water & sewer already there. There would not be assessments in the future (we would hope). We think this is the solution to the problem. We would hope we could bring to an agreement tonight. We are excited about this. Councilman Smalley. The proposed paragraph 7 in the attorney's letter? Legal Asst. Graves. It would be added to the original document with a letter of intent. Mayor Williams. The attorneys have worked out the discrepancies as we have reviewed them. I would ask Council for a motion to approve. Before we do that, was there any final decision as to numbers? Mr. Harris. We had hoped to do 30, but at the option of the City we would like to do 15. We have 19 on the list. Thirty would take us out to the Borough agreement. Mayor Williams. The Borough has 30 units. Is that to cover the entire area? Mr. Harris. 129 total units in the Borough, these 30 get to that number. Councilwoman Monfor. Wasn't this already approved with these questions to be settled? Mayor Williams. We took no action at the previous meeting. There were too many problems to settle. Councilman Smalley. Do we need to include a statement in the motion regarding outstanding assessments? Mr. Harris. We intend to have a letter of intent that will be included in the agreement. We talked to HUD May 15 and they agreed. Legal Asst. Graves. That would be included in the agreement. Mayor Williams. Should we. put that in the motion? Legal Asst. Graves. Include paragraph 7 and the letter of intent. Mr. Harris. That is agreeable with Cook Inlet Housing. MOTION: • 60* KENAI CITY COUNCIL MAY 16, 1990 PAGE 2 Councilwoman Monfor moved, seconded by Councilman Smalley, that the City go into a cooperative agreement with Cook Inlet Housing Authority including paragraph 7 in item B-1 and we will have a letter of intent from them that they will pay the City the outstanding assessments. Councilman Walker. I had more questions than the special assessments. One is, I see a loss in tax revenues and I don't feel at this time we can ask the people of the City for a tax raise and then take payment in lieu of taxes that is substantially less than taxes. I cannot change my mind on this. VOTE (Failed): Yes: Monfor, O'Reilly, Smalley No: Swarner, Walker, Williams, Measles Mayor Williams requested Legal Asst. Graves research this item. NOTICE OF RECONSIDERATION: Mayor Williams gave notice of reconsideration, dependent on the Mayor's right to do so. Councilman Measles. a) I question the Mayor's right to a notice of reconsideration. b) This is reconsideration we are voting on. Mayor Williams. I will not dispute that. I have asked the Atty. for a review. Notice of reconsideration was not completed. Legal Asst. Graves. I would have to check the minutes to see if this is a reconsideration. Councilman Measles. Councilman Walker asked for reconsideration. This vote is a result of that reconsideration. Councilwoman Monfor. In the meeting I missed, it passed 4 to 2. I was under the impression the questions were only things that had to be done. Mayor Williams. There was a misunderstanding regarding if it had passed. We should research the minutes, if there has been action taken and there are only paragraphs to be taken care of. RECESS TO COPY AND REVIEW MINUTES OF 4-18-90 MEETING. • 0- • KENAI CITY COUNCIL MAY 16, 1990 PAGE 3 MOTION, Rescission: Councilwoman Monfor moved, seconded by Councilman Smalley, to rescind the motion. VOTE, Rescission (Passed): Yes: Swarner, Walker, Williams, Monfor, O'Reilly, Smalley No: Measles Mayor Williams. The procedural problem is with the last motion. At the 4-18 meeting, the same action was taken. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, that the City of Kenai go into a cooperative agreement with Cook Inlet Housing Authority and the document will include Sect. 7 distributed as item G-1 this evening, and said document will include a letter of intent speaking to special assessments paid in full by the Authority. Councilman Measles. Is that not the same motion we Just had and the same motion that was reconsidered earlier? Mayor Williams. I want the motion clearly. stated so we all understand it. Councilman Measles. I am not concerned about the motion. I am not sure what we are doing. Mayor Williams. We are getting your vote on the motion as it stands now. Councilman Walker. Is this just another way to reconsider our reconsideration? I am still unclear. Legal Asst. Graves. The problem I have is the motion to reconsider turned into a motion to rescind. Procedurally it is unclear. I think Cook Inlet Housing would like a definite reply this evening, but I think we need the exact proceedings. e Councilman Smalley. Councilwoman Monfor's motion to rescind action. Is that different than a reconsideration? Legal Asst. Graves. Yes, any previous vote can be reconsidered. Councilman Smalley. We have a motion on that reconsideration. The motion I gave would be that of reconsideration, because it had been reconsidered. City Manager Brighton. On the basis of voting down the previous action, you did not call for reconsideration, of the original question. Therefore the table i8,6pen . KENAI CITY COUNCIL MAX 16, 1990 PAGE 4 for any motion. It may get technical if the wording is the same. If the wording is different, there is no problem. Mayor Williams. if we take action on the motion on the table and you do research on the technicalities and find everything in order, it would be'action of Council? If you find an error it could be brought back to Council? Legal Asst. Graves replied yes. Mayor Williams. Vote on the action, then turn it over to Legal Asst. Graves to see if the procedures are correct. MOTION, Table: Councilman Walker moved, seconded by Councilman Measles, to table the action. VOTE, Table (Failed): Yes: Swarner, Walker, Measles No: Williams, Monfor, O'Reilly, Smalley Councilwoman Monfor. I did not ask for reconsideration. i asked for rescission. These people have been "jacked" around enough. VOTE (Passed): Yes: Williams, Monfor, O'Reilly, Smalley No: Swarner, Walker, Measles Mayor Williams. I would ask the Atty. to review our proceedings. Janet Ruotsala City Clerk 0 • 0 KENAI CITY COUNCIL PARTIAL TRANSLATION MAY 16, 1990 C. PUBLIC HEARINGS C-8 Tidelands Lease Application - Tract C - Larry Powers MOTION: Councilman Walker moved, seconded by Councilman Smalley, that we enter into a lease agreement with Larry Powers or at least accept the lease agreement With Larry Powers, based on modifications of Corps of Engineers permits and signature on the lease. 0 MOTION, Amendment: Councilman Walker, with consent of second, amended the motion to add that the City enter into the lease application provided the lease be stamped and signets and contingent upon approval by Corps of Engineers. Motion, as amended, passed by unanimous consent. c Janet Ruotsala City Clerk DATED: May 17, 1990