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HomeMy WebLinkAbout1990-06-06 Council Minutes• 11 REMAI CITY COUNCIL - REGULAR MEETING JUNE 6o 1990 1. Pledge of Allegiance 2. Swearing in of City Clerk 3. Roll Call 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. Be SG'HEDULED PUBLIC CO,1QT (10 minutes) 1. Linda Parker - Kenai Peninsula Borough Food Bank 2. Tucker Thompson - Pull Tabs 3. Guy Hibbert, AAA Taxi - Request Rate Change 4. Gerri Sparks, Beautification Committee - City Flag 5. Tom Wagoner - Dust Control 6. Denis Douglas - Grievance C. PUBLIC HEARINGS 1. ordinance 1373-90 - Increasing Estimated Revenues and Appropriations by $66,782 in Float Plane Basin Capital Project Fund Resulting from Grant Increase from FAA. 2. Resolution 90-22 - Approving the Amendment of Water & Sewer Utility Rates Issued by City Manager/Effective 7/1/90. 3. Ordinance 1374-90 - Adopting Annual Budget for Fiscal Year Commencing 7/1/90 and Ending 6/30/91. 4. Resolution 90-23 - Establishing Authorized Signatures for Withdrawal from Depositories of Municipal Funds. 1 5. Ordinance 1376-90 - Amending Official Zoning Map Regarding Kenai Senior Citizens Center property. 6. Resolution 90-24 - Fixing Rate and Levy of Property Tax for Fiscal Year Commencing 7/1/90 and Ending 6/30/91. �J A (a • 7. Resolution 90-25 - Awarding of Janitorial Contracts for City Administration Building, Airport Terminal Building, and Public Safety Building for period 7/1/90 through 6/30/93. S. Resolution 90-26 - Transferring $5,000 in General Fund for New Computer Equipment in City Clerk Department. 9. Resolution 90-27 - Transfer of $8,643 in Airport Terminal Fund for Keating, Ventilating and Air Conditioning in Terminal Building, 10. Liquor License Transfer - Don Jose's Mexican Restaurant and Cantina. 11. Liquor License Transfer - Kenai Merit Inn to Pizza Paradisos. a. Approval of Transfer b. Department of Revenue Request for Information Regarding Claim, D. COMMI88I0N/COMMITTEE REPORTB 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. Miscellaneous Commissions and Committees Be NLUMTES 1. *Regular Meeting of May 16, 1090. F. C_ORREBPONDENCE G. Q&D BU8INE88 1. OEKOS Request N. NEM BUSINE88 i. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1378-90 - Increasing,Estimated Revenues and Appropriations by $50,008 in General Fund Providing Accrual of a Liability to PERS and RIP. r • E 4. *Ordinance 13790090 Increasing Estimated Revenues and Appropriations by $16,153 in Federal Revenue Sharing Fund and Transfer to General Fund. 5. *Ordinance 1380-90.- Increasing Estimated Revenues and Appropriations by $3,360 in General Fund for Repair of Police Vehicle. 6. *Ordinance 1381-96 - Repealing XMC 7.10.060 Providing for a Schedule of Sales Tax Levy. 7. Discussion - Petition to Vacate Utility Easement on Lots 3-7 and Lot 9, Baron Wood. 8. Discussion - Setting clerk's Salary 9. *Games of Chance and Skill - Kenai Peninsula Extension Homemakers Council. I. ,'�DMINI$TRATION REPS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager aT. DIBCUBBION 1. Citizens 2. Council KMI C=TY CORML_ SWING MINOTES OF JONB 6, 1990 12NAX CITY HALL NRYOR JOHN J. WILLIAMS BR$BIDING Mayor John J. Williams called the meeting to order at approximately 7:05 p.m. in the Council Chambers in the Kenai City Hall Building., Carol L. Freas, newly hired City Clerk, was sworn in by Mayor Williams. A-3, ROLL CALL Roll was taken by the City Clerk. Present were: Walker, Swariner, Monfor, O'Reilly, Smalley, and Williams. Absent was: Measles. There were no changes to the Consent Agenda, to B-2: Mr. Tucker Thompson will not be attending the meeting due to illness. His wife, Collette, will speak in his absence. Add to B-3: Mr. Blaine Gilman has requested to be added to the Agenda to respond to the comments of Mr. Guy Hibbert of AAA Taxi . Add B-7: Mr. Larry Powers has requested to speak to tire -Council regarding approval of his tidelands lease. Kim Howard stated that the appraisal will not be ready for another two weeks. City Manager Brighton added that the plans and permit do not match and that not much more can be done until then. Mr. Powers left the building. Add Pizza Paradisos/Restaurant Designation Application. G-lu OECOS proposal/failed at Borough Meeting of 6/5/90. Add D-3 and Parks and Recreation and Economic Development �-S� Committee minutes. KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 2 Add H-2: P.O. to Wince-Corthell-Bryson/environmental assessment/old Fred Meyer property. P.O. regarding dust control, Add 1-3 0 Information Item/newspaper article regarding environmental damage. Subcontract for the Administration of the Adult Day Care Program/Draft. Add I-5: There were no additions made by Council. MOTION: Councilwoman Monfor MOVED for a rovalthe agda as asked for Unanimous Consent. CouncilmanfSmalleyeS9CONDEDmended and MOTION PASSED UNANIMOUSLY* the motion. BI mean, MI-C Linda Parker spoke to the Council and gave a history of the Kenai Peninsula Food Bank and the goals they have achieved in the two years they have been operating. Ms. Parker furnished written information which was included in the packet. The Food --Sank acquires -donations from local stores, United Way, individuals,.churches, civic clubs, and local and federal grants. From that they are able to distribute to Soldotna,.Kenai, Homer, and Seward non-profit organizations which distribute the products to they people in need. The Food Bank would like a monetary donation in the neighborhood of $lo,000 for the City and requested that the City put inti990 from o their budget some funding to help them. The Food Bank has requested to be a part of the United Way. Next year, hopefully, the money being requested from.the City Council would be absorlaed by the Unified Way. At this time the do not qualify for the United Way.. They.are also looking for new agencies for which they be able to provide food. There were no comments from the Council. 0 O KENAI CITY COUNCIL MEETING MINUTES June 61 1990 Page 3 Ms. Thompson spoke on behalf of her husband Tucker Thompson and his client John Blohmfield. Also present to answer questions was Joe Reynolds. They requested the City Administration to draft an ordinance for the City to allow pull tabs and gaming operators within the City of Kenai. Ms. Thompson explained that the pull tabs are allowed to be sold by qualified non-profit organizations as a means of raising revenue for their organizations. Those organizations must be specially licensed by the State; they must have permits; they must file detailed returns of sales and pay a special State gaming tax for all of their sales. There are two methods under current State law by which these sales may be made: (1) directly to the public; and (2) licensed operators. (The operator sells the games on behalf of charitable organizations by providing the service to the charities and they get a percentage of the revenue from those games. The balance is forwarded to the non- profit/charitable organization.) There are twelve licensed operators in the State. The State can better control the sale of these games through licensed operators. The Kenai Peninsula Borough has passed a law which outlaws operators. Organizations have turned to vendors and the State is attempting to outlaw vendors. The State, however, encourages fund raising. Ms. Thompson is requesting an ordinance by the City of Kenai which would allow Mr. Blomfield as an operator; or three operators; or any number of operators. Mr. Slomfield is a sanctioned operator who runs a very clean operation. He is very reputable. Reasons for allowing the pull tabs: (1) will be the only avenue for non-profit organizations to acquire revenues through gaming; (2) it is a philosophical issue -- government should allow because the people in the City and area enjoy the games; (3) they generate revenues for the City. Mayor Williams stated that he thought the issue should be reviewed by Council in a work session. Gaming is an issue to be on the August ballot. Mr. Williams asked how much pull tab revenue was available in the City. Mr. Reynolds answered that in three years, a maximum per calendar days equaled $665,000 in gross revenues, which is a low estimate. There are 18 pull tab vendors in the area. In the City limits of Kenai there are nine. Mr. Reynolds gave a breakdown of how the income of the money is distributed from the sale of the games. u KENAI CITY COUNCIL MEETING MINUTES . June 6, 1990 Page 4 is ! - �_n•- Mr. Guy Hibbert of AAA Taxi spoke to the Council and requested a rate change for the cost of permits for taxis. At this time, he must pay $1,150 for permits to operate in the City. Costs to operate are going up, i.e., gasoline, car parts, and insurance costs. He stated that they sometimes do not charge senior citizens and people that cannot pay. Mr. Gilman responded to Mr. Hibbert's request for lower permit rates for taxis. His client, Kenai Peninsula Cab, a/k/a City Cab operates seven cabs in the City limits. His client is against any changes to the ordinance. His client would like the enforcement of the City and/or Borough tax balance to be paid prior to any license renewal. Mr. Gilman added that he is aware that one cab company is not current with its taxes at this time. His client is current with her taxes and is still able to make a profit. Mayor Williams asked Mr. Hibbert if his taxes were current. Mr. Hibbert stated that his bookkeeper has been out of town. Councilwoman Monfor asked Attorney Rogers why buses did not have to have a City of Kenai permit. Attorney Rogers stated that in the Code, as revamped it did not cover buses. Attorney Rogers was asked to review the Code and fee structure and bring information back to the Council. A suggestion was made that perhaps permit costs should be set for a certain amount of cabs setting a cap on the total. Mr. Gilman stated that his client is very happy with the permit structure as it is. B-4s Gerry Sparks, Beautif Ca*30r Committee-,CityFlaa Gerry Sparks is a member of the City of Kenai Beautification Committee. The Committee has discussed the purchasing of flags for the City and have found that there is no City flag. She has drafted a flag design, using the City of Kenai letterhead as a pattern. Ms. Sparks requested approval of the design from the Council. Councilwoman Monfor suggested adding 1791-1991 on the bottom of the flag and after the 1991 Bicentennial celebration, the date could be removed from any new flags made up. Costs estimated at 41x6' flag, two colors, minimum order of six = $680. Mayor Williams asked Council if the Beautification Committee should proceed with the project. There were no objections. V � , KENAI CITY COUNCIL MEETING MINUTES June 61 1990 Page 5 Mr. Wagoner requested some City pins for Rotary Club members/visitors from South Africa. The Mayor and Council had no objections. Mr. Wagoner then spoke on behalf of citizens of Thompson Park and other areas of the City where there are gravel streets. Mr. Wagoner requested dust control measures be taken for those streets. He stated that the dust problem is worse this year because of the dry weather and the added ash problem from Mt. Redoubt, Mr. Wagoner stated that the Borough is doing some dust control on Big Eddy Road and it seems to be very effective. Mr. Wagoner requested that the Public Works Director look into this. • Public Works Director Kornelis stated he brought purchase orders to the Council for their approval for material to have applied to approximately four miles of dirt roads within the City. Will Jahrig spoke to the Council and requested that also be addressed. He stated that the road is very bad sand the et tourist traffic is constantly stirring up the dust. Mr. Kornelis added that there are 26 miles of dirt roads in the City. Mayor. Williams suggested pro rating and try to include Mission Street. City Manager Brighton added that it will get done. Councilwoman Monfor stated that she would move to keep that area of town under dust control if necessary since the Council is promoting tourism. Mr. Wagoner added that the budget is low for the amount of gravel streets within the City. Mayor Williams stated that enough money will be found for care of those streets this year. B-61 Denis Douglas - Grieyanc Attorney Joe Barcott introduced himself. He stated that his client, Denis Douglas, had asked him to speak on his behalf. Mr. Barcott- stated that Mr. Douglas believes that his job description as Maintenance Worker needs to be rewritten and the pay range needs to be changed. Mr. Barcott stated that he and his client feel that the pay range is totally inadequate as it is now. They are asking that the pay range be increased to Range 15. Mr. Barcott stated that Mr.. Douglas had already mailed a packet of information to Council previously. Mr. Douglas then passed out additional information to the Council. Within that packet of information is a proposed job description for the job which Mr. Douglas has written. KENAI CITY COUNCIL MEETING MINUTES • June 6, 1990 Page 6 Mr. Barcott further stated that they had researched the pay range for like jobs in Anchorage and Fairbanks and that they did not feel their request to be out of line. Mr. Barcott referred to a 2/2/90 letter. from Mr. Hackney to Mr. Kornelis which suggested a Range 15 would be adequate and appropriate for the position. Mr. Barcott stated that when Mr. Douglas was hired, he was told that the job would be rew evaluated in a year and that re-evaluation has not been done. Mr. Barcott referred to KMC 23.25.030 where he believed is a provision that gives the Council the authority to reassign job classes and different pay ranges. Mr. Douglas then spoke to the Council stating that as his job description now states, he does minor repair/maintenance work of buildings and appliances. Mr. Douglas stated that his work entails more than that and went into more detail. Manpower in regard to square footage was discussed. Mayor Williams stated that he felt that in the near future the Council will need to address the addition of maintenance personnel. He that a work session should probably be held to discuss this and other d items which they discussed earlier in the meeting. Mayor Williams stated that in would be inappropriate to open this subject for discussion at this time. Councilman Walker requested that at the time of such discussion, the Administration forward any proposals they have for reclassifications to them for review. Council discussed with Airport Manager Ernst the advertisement for an equipment operator which has been published in the Clarion. Mr. Ernst stated that the position is an operator and comes under the pay range of an 11. The person will be required to run a grader, change bulbs on the runway transformers, etc. Work which has been previously done by the Public Works Department. Mr. Douglas added that he overheard a conversation Mr. Ernst had with a possible candidate for the position. Mr. Douglas stated that Mr. Ernst told the person that they also may work on lavatory sinks. Mr. Douglas stated that he is offended by that as he has not been given help in six years and that is his job. Mayor Williams stated that the Council would take the issue under advisement. A recess was called. Upon coming back to order, Mayor Williams stated that Mr. Douglas# grievance would not be discussed at a Council -work session. The grievance procedure is dealt with internally by Administration. The Council would discuss classifications in general. The Council will not become involved in a personnel matter. KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 7 0-11 Ordinancl 1373-90 - Increasing Estimated Revenues and Appropriations by $66,782 in -Float Plane Basin Capital Project Fund Resulting from Grant Increase from the FFA. Councilwoman O'Reilly MOVED for adoption of Ordinance 1373-90 and Councilwoman Swarner SECONDED the motion. There was no public comment or discussion by Council. MOTION PASSED UNANIMOUSLY BY ROLL CALL VOTE. C-21 Re6Qlilti0_n 9Q-22 - Approving the Amendment of Water & Sewer Utility Rates Issued by City Manager and Effective 7/1/90, Councilwoman O'Reilly MOVED for approval of Resolution 90-22 and Councilman Smalley SECONDED the motion. There was no public comment. Comment from Councils Councilwoman Monfor stated that she will vote affirmative on this resolution but feels there is some inequity with the.new rate in Schedule A with regard to single family rates and commercial rates. She wants to make sure that the single family user is not being treated unfairly and being charged more than commercial. Finance Director Brown explained that the difference is made by the size of the lines and demand charge. He further explained how the schedules were established and they were established sometime ago. Councilwoman Monfor added that perhaps the rate establishment should be reviewed. Mayor Williams asked if metering would be more economical. Mr. Brown stated that there are now 120 meters. if more meters come on line, someone will have to read the meters. Councilman Smalley asked what rate a Bed & Breakfast.would pay. Mr. Brown stated that they would be charged as a boarding house. Councilwoman O'Reilly asked if that rate is adjusted for seasons.- Answer was no, they are charged as year-round as' some of them operate year-round. KENAI CITY COUNCIL MEETING MINUTES • June 6, 1990 Page 8 MOTION WAS PASSED UNANIMOUSLY BY ROLL CALL VOTE. C-3: Ordinance 1374-90 - Adopting Annual Budget for Fiscal Year Commencing 7/1/90 and Ending 6/30/91. MOTION: Councilman Smalley MOVED for adoption of Ordinance 1374-90 and Councilwoman O'Reilly SECONDED the motion. Discussion from public: Ed Oberts requested consideration of a donation to the Food Bank in the budget as a one-time grant. There was no discussion from Council. Mayor Williams stated that the request will be discussed at a future work session. MOTION FOR AMENDMENT: Councilman Smalley MOVED to amend Section 1 where it speaks in terms of the budget document and change it to state to decrease property, taxes by $2491000, increase interest income by $77,250, and increase sales tax by $100,000 in the General Fund of 1990-91 Budget, with a net increase in appropriation of fund balance of $71,750. Councilman Walker SECONDED the motion. VOTE OF AMEI�iDMBNT: Walker: Yes Swarner: Yes Monfor: Yes Measles: Absent O'Reilly: Yes Smalley: Yes Williams: Yes MOTION FOR AMENDMENT OF ORDINANCE 1374-90 PASSED UNANIMOUSLY BY ROLL CALL VOTE. MOTION FOR AMENDMENT: Councilwoman Monfor MOVED to amend Section 2 of Ordinance 1374-90 to set the City Manager's annual salary, beginning July 1, 19900, at $95,280�and to amend the 1990-91 Annual Budget by increasing the City Manager's budget by $11#419 and by increasing the General Fund appropriation of fund balance by the same amount. Councilwoman • O'Reilly SECONDED the motion. Discussion from Council? None KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 9 VOTE OF AMENDMENTS Walker: Yes Swarner: Yes Monfor: Yes Measles: Absent O'Reilly: Yes Smalley: Yes Williams: Yes MOTION FOR AMENDMENT OF ORDINANCE 1374-90 PASSED UNANIMOUSLY BY ROLL CALL VOTE. Mayor Williams asked for any other amendments to the budget. Councilwoman Swarner stated that she felt that if there are four votes to have the mill rate at 2.7 there should be some cuts in the budget. Not necessarily large cuts. Perhaps a cut in the travel budgets, in particular the Legislative travel budget and perhaps looking at redoing the sander instead of buying a new piece of equipment. Mayor Williams stated that at this time there is no discussion of rearranging the budget. The budget as is, is ready for vote unless there is a specific amendment to the budget. Mayor Williams asked if there were any further amendments to the budget. MOTION FOR AMENDMENT: Councilman Walker MOVED to amend the budget by removing the $300,000 as listed to be designated in a special fund for equipment. NO SECOND. MOTION FOR AMENDMENT FAILED FOR LACK OF SECOND. Mayor Williams requested any further amendments to the budget. Councilman Smalley asked if later during a work session, if the Council wishes to appropriate money to the Food Bank it can be done at that time? Answer: Yes. VOTE ON BUDGET AS AMENDED= Walker: Yes Swarner: Yes Monfor: Yes Measles: Absent O'Reilly: Yes Smalley: Yes Williams: Yes MOTION FOR ADOPTION OF THE BUDGET AS AMENDED PASSED UNANIMOUSLY BY ROLL CALL VOTE. C-4: �J Resolution 90-23 - Establishing Authorized Signatures for Withdrawal from Depositories of Municipal Funds. • KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 10 MOTION: Councilman Smalley MOVED for approval of Resolution 90-23 and Councilwoman Monfor SECONDED the motion and asked for UNANIMOUS CONSENT. There was no public or Council comment. VOTES MOTION PASSED BY UNANIMOUS CONSENT. C-Ss Ordinang"-3-2,-90 - Amending Official Zoning Map Regarding the Kenai Senior Citizens Center Property. • NOTIONS Councilwoman O'Reilly MOVED for adoption of Ordinance 1376-90 and Councilwoman Swarner SECONDED the motion. There was no comment from the public. Councilman Walker asked if this amendment is being made to make the position of the Center legal. Answer was yes. Mayor Williams asked if the map will have to be amended again at the time the Congregate Housing is built. The answer was no. The lot size will have to be resurveyed. VOTES Walker: Yes Measles: Absent Williams: Yes Swarner: Yes O'Reilly: Yes Monfor: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY BY ROLL CALL VOTE. Councilwoman O'Reilly was excused from the meeting. 0«-6: Resolution 90-24 - Fixing Rate and Levy of Property Tax for Fiscal Year Commencing 7/1/90 and Ending 6/30/91, Councilwoman Swarner MOVED for adoption of Resolution 90-24 and Councilman Smalley SECONDED the motion. Mayor Williams asked for public comment. Mr. Tom Wagoner, 440 Primrose Place, Kenai, AK. stated that he thought that the balance.of 'TY COUNCIL MEETING MINUTES 4990 11 the current operating operating budget and hen the mil should roll-over either the total fund balance mill le into the next should not or the levy should be set. He feels that especially get to the size that unappropriated Pund balance Council should revwhen iew in Juneau for become iew this. more of a Millstone, for an increase to K'• Wagoner stated He feels that the four mills. hat he sees no need No further Public comment. MOTZONr Councilman Smalley MOVED to amend and four where Resolution 90-24 Councilman Walker refers to 4 p , paragraph • mill rates and set it at .7three UNANIMOUS CONSENT. DED the motion. Mills* There were Councilwoman Monfor re no objections. quested "0" ON AMENDMENT. UNANIMOUS CONSENT. Mayor Williams stated that the Increase the level of t philosophy government with the a he General FundIn phy of the Council has been to one reason Why earned interest from the General to defray Years. y the mill rate has Fun. costs of not been increased in the lsts isive Vora ON T'S f 31MRNDBD RE80LIITIa ONs Councilwoman Monfor requested There were no objections. MOT NIMOUS The mill rate is s IONNPASSED et at 2.7 Mills. CONSENT on the resolution. BY UNANIMOUS CONSENT. Cm7t R s 1 Administration 'Building of g Janitorial Contracts for city Public Safety Buildinng' Airport Terminal Building, y I6/30/93. g for the Period 7/1/90 through and It was hrough noticed that the library Paragraph of the resolution, building was omitted and in the '#now therefore The bid included the d from the first The first Paragraph " portion of bray g aph should The library resolution, it i8building r'y in the heading. included. r KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 12 MOTION: Councilwoman Monfor MOVED for approval of Resolution 90-25 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. No comments from the general public. s Councilwoman Monfor MOVED to amend the Resolution, the third line down, after Administration Building, put in "the Library," the Airport Terminal, etc. Councilwoman Swarner SECONDED the motion. VOTE ON AMENDMENTi Mayor Williams asked if there was any objection to UNANIMOUS CONSENT. There were no objections. PASSED BY UNANIMOUS CONSENT. VOTE ON RESOLUTION AS AMENDED: Mayor Williams asked if, 'there was any objection to UNANIMOUS CONSENT of the resolution. There were no objections. PASSED BY UNANIMOUS CONSENT. C-St Eft -solution Q„§ - Transferring $5,000 in General Fund for New Computer Equipment in City Clerk Department, LOTION: Councilwoman Swarner MOVED for adoption of Resolution 90-26 and asked for UNANIMOUS CONSENT, Councilwoman Monfor SECONDED the motion. Public comment was requested. There was none. Mayor Williams asked if there were objections to Unanimous Consent. Councilman Walker stated that he objected to the unanimous consent. He stated that he felt that in the past two budgets, that the Council has been deluged with requests for new computer equipment. He questioned that personal computers are required in so many .offices. He stated that he questions the -need for another computer when there are so many of them -in use already and that the computer would probably be outdated in six months. ICouncilman.Walker objected to buying another computer. Mayor Williams requested the City:Clerk"to speak to Councilman Walker's objections. f KENAI CITY COUNCIL MEETING MINUTES is June 6, 1990 Page 13 Clerk Freas'stated that the computer in use in the Clerk's office at this time has a small amount of hard disk space. A small amount of space for a word processing program and a cross-referencing program in the near future. The computer she is wanting to purchase will have 80 MB of hard disk space. Enough space to last probably five years.. The Clerk also stated that she is wanting to purchase a laser printer which will print four pages per minute. Mayor Williams stated another manufacturer of laser printers. Clerk stated that the printer she had chosen is one that has had very high marks in comparisons by computer magazines. VOTE: Walker: No Swarner: Yes Monfor: Yes Measles: Absent O'Reilly: Absent Smalley: Yes Williams: Yes MOTION PASSED, FOUR YES, ONE NO. C-9: Rgsoluti_o,m 999-a7 - Transfer of $8,643 in Airport Terminal Fund for Heating, ventilating and Air Conditioning in Terminal Building. NOTION: Councilwoman Monfor MOVED for approval of Resolution 90-27. Councilwoman Swarner SECONDED the motion. Public comment? There was none. Mayor Williams requested Council comment. Councilwoman Monfor stated that the air-conditioning was really needed as the candy bars are melting on the selves. Councilwoman Swarner asked if the work would be inspected so that is completed as designed. Administration stated that there is a warranty period on the work. Councilman Walker asked Airport Manager Ernst if the design of the air-conditioning is being done by the same designer of the airport renovation. Airport Manager Ernst stated that the original design was done by another architect. The renovation design overlooked the gift shop/arcade area as that area does not have a separate unit to cool or circulate the air.. Mayor Williams asked if louvered blinds would help.. Airport Manager Ernst stated that they would not help as the air is not being circulated. Councilman Walker asked if this unit would service all of the gift shop/arcade area, no matter how many cubicles are built.. The answer was yes. KENAI CITY COUNCIL MEETING MINUTES • June 6, 1990 Page 14 VOTE: Walker: Yes Swarner: Yes Monfor: Yes Measles: Absent O'Reilly: Absent Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-10: Liauor License Traanster - Don Jose Is Mexican Restaurant and Cantina. A letter of non -objection has been requested by Don Jose's for the transfer of the liquor license. MOTION: Councilman Walker MOVED for Administration to send a letter of non - objection and Councilman Smalley SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections to unanimous consent. MOTION PASSED BY UNANIMOUS CONSENT. C-111 Ligut r -Ligen a Trans Ar - Kenai Merit Inn to Pizza Paradisos, George N. & Ekaterini Pitsilionis have made application for transfer of the liquor license from the Kenai Merit Inn to Pizza Paradisos. A copy of the application was included in the packet. C-11a: A letter from Attorney J. Jefferson for Mr. and Mrs. Pitsilionis was also included in the packet. The letter offered an explanation of the request. Also Attorney Rogers offered explanation: Kenai Merit Inn is in bankruptcy. The Bankruptcy Court has authorized the purchase of the Kenai Merit Inn liquor license even though there is alien by the Kenai Borough of $5,.150 on the.liquor license. The Court order allowing the sale was included in the packet. The $5,150 owed to the Borough has been placed in escrow sothat the purchase/transfer can proceed. The Borough will be paid the delinquent taxes from the sale of the license. Whether or not a tran sfer is granted is the ABC Board's prerogative. A problem may be that there may be no money from transferror and that would delay the transfer of the license to the Pitsilionis' and if delayed, the City will lone sales tax, etc. Mayor Williams suggested that the City waive the amount due. Attorney Rogers.stated that the City would not waive the amount due, but not object. It the City gives a letter of non -objection, Attorney Rogers feels that the transfer would go right through. He is also fairly sure that the City Will not get the money. He doesn't feel etrongiy.one way or the other. Mayor Williams asked if the City could go back to the Bankruptcy Court and request an increase of money owed. Attorney Rogers stated that the City could, but the fact that ten cents on a dollar is what is usually received and the time involved to request an amendment, makes it less advantageous. Councilwoman Monfor stated that she felt the amount due would be returned in sales tax revenue much faster than through a dime on a dollar. MOTION: Councilwoman Monfor MOVED to send a letter of non -objection and to Councilman Smalley SECONDED the motion. VOVX i Mayor Williams asked if there would be objections to UNANIMOUS CONSENT on the motion. There were no objections. SO ORDnzD, Mayor Williams asked if this amount was owed from the last year in water and sewer charges by Merit Inn, then this next.. year, more will be owed. Finance Director Brown stated no due to AIDA taking over and paying the bill. Only loss is the amount during the one interim year. The bulk of the assessments were paid by AIDA and another party. Mayor Williams stated at this time that he will be.spending the evening with Princess Tours on June 11, 1990. One thing.to.be discussed are the potentials of the Merit Inn. He does not know if the discussions will lead to anything, but they will be discussed. Mayor Williams will not be attending the work session scheduled for that night. RNCN80 �,..� COM�LIB IO�ij�C_ OMM TTB - R,�TB D-1s Council on AuLm Councilwoman swarner reported that an application form has been composed for the congregate housing design committee. The Mayor. needs KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 16 to choose a committee of five to seven members. Councilwoman Swarner stated that whomever is chosen should be able to commit to one meeting per week. A note has been included on the application to that affect. Mayor Williams asked if a committee can be appointed with less than seven. Attorney Rogers checked the Code and found that all committees shall be of seven members. Mayor Williams determined that the Committee will not be only seniors. City Manager Brighton stated that he just informed Senior Center Director Porter that the Governor will be needing to make a $64 million cut to the state budget and that the congregate housing allocation could be a target. He suggests that a letter be written by the Senior Center with as many signatures as they can get by seniors be sent to the Governor to sign the bill so that the money for the congregate housing will be protected. The deadline for the submittal of the names for the committee is next Friday. Mayor Williams stated that he will not seat the committee 40 until the Governor signs the budget. City Manager Brighton also reported that a meeting is scheduled for Pat Porter and himself with the Mental Health Association. They wish to subcontract the Forget -Me -Not program. A draft contract has been sent to them for their review. The advantage of the Mental Health Association subcontracting the program is that the State will be cutting programs. If the City is still administering the program, the City will probably have to back the program monetarily. Airport Manager Ernst reported that the Airport Commission held their seminar on Monday. Ms. Hale, who came from around San Diego, gave an informative talk on commissions and airport projects. There were several members of other commissions who attended. "memberi#'of the Airport Commission attended. Several council members also attended. D-3s Hconomic Development cmssion Councilman Walker stated that there are minutes from the May 7, 1990 meeting in the packet. Councilman Walker stated that he received a memorandum in the packet and by mail regarding a joint work session with the Harbor Commission and Economic Development Commission to discuss the airport and related materials. He thought that perhaps the Harbor Commission should not be involved and the Airport • 0 KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 17 commission should be included. City Manager Brighton added that the purpose of the work session was to discuss public relations, promotion, etc. of the airport, harbor with the Economic Development Committee involvement also. D-41 Library Commission Councilwoman Monfor reported that a meeting was held on June 5, 1990 with all members present. Lots of fresh ideas were shared. Minutes were taken by Paul Turner. D-St Parks & Recreation Commission Parks & Recreation Director McGillivray reported that the minutes of the Commission's May meeting were included as a handout. He requested that the new contract secretary submit minutes in a much shorter time. Director McGillivray reported that volcanic ash has been a problem this year. He has his crew members wearing masks and goggles. He has been taking the mowers in for cleaning daily. The Parks & Rec Summer Program will be beginning on Monday. It is anticipated that about.200 children will be involved. Some flower boxes have been placed. Van use was donated by Art McComsey. Ground plantings will be put out starting next week. The flowers for the Kenai sign are ready to be placed. There will be seven softball tournaments held on the Kenai fields this summer. They are watering. They are not liming and fertilizing in some places until there is some rain. Councilman Smalley asked about grass cutting along the bluff in Old Town. Director McGillivray stated that there is an erosion problem and they do not want to cut it too closely, but it will be done. Mayor Williams requested that Director McGillivray and Public Works Director Kornelis come back to Council with plans for the 20' x.40' pavilion at the ball parks. Mayor Williams requested that barbecue pits at both ends of the pavilion be added to the design. Councilwoman Swarner asked if there is a possibility one of the outside ice rinks could be covered. Director McGillivray stated that it had been..discussed some time ago before the Sports Arena was built. He will look into this. S KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 18 Councilman Smalley reported that the minutes of the last meeting are included in the packet. Also, that the Commission approved a conditional use permit for a Bed & Breakfast on Strawberry Road and Got -to -Go Fishing Rentals home occupancy was approved. Councilman Smalley also reported that there in a seat open on the Commission due to a resignation. A suggestion of Dick Mueller for replacement was discussed. Mayor to check applications. Mayor Williams reported that Joe Nord, a member of the Harbor Commission passed away. He asked if it would be a conflict if Mr. Malmberg, who just received the award for janitorial bids, would be appointed. Attorney Rogers stated that he did not believe so. Another application on file for the Harbor Commission is from Donald E. Hallstead, a thirty-year resident. Mayor Williams appointed Mr. Hallstead to the Harbor Commission. i City Clerk Freas was requested to send flowers for Joe Nord Is funeral. D-88 Miscellaneous Commissions and Committees Councilwoman Swarner reported that the Beautification Committee minutes are in the packet and that Ms. Sparks came before the Council this evening regarding the flags. There have been three flag poles purchased in this yearts budget so there will be no need to purchase another pole for the new City flag. Mayor Williams asked of the -- progress of the Kenai signs on the highway. Nothing more known other than what is in the minutes. No placing has been made at Kasilof as yet. It will be discussed at the meeting of June 12, 1990. Councilwoman Swarner asked about the flag at Memorial Park. Public Works State needs to repair that light. He requested of Director Kornelis is to Marine, and Tinker/Lawton. light fixture that is to shine on Director Kornelis stated that the will check with the State. Also check on lights at the corner of Minutes of May 16, 1990 meeting were approved by Consent Agenda. No correspondence. KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 is Page 19 0-1: 0-EKOS Request It was reported that the OEKOS request before the Borough Assembly, at their meeting of June 5, 1990, failed. B-1: Bills to be Paid. Bills to be- Ratified Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. Mayor Williams asked if there were objections. There were none. SO ORDERED. R-2: Reauis_itions Exceeding SJL ,QQ Mayor Williams stated that there are two additional purchase orders. to be added to the list: (1) to Wince-Corthell-►Bryson in the amount of $11,600 for an environmental assessment of the old Fred Meyer lease property; and (2) dust control purchase orders.. Councilwoman Swarner asked if the purchase order for dust control discussed earlier would cover all the gravel roads. Answer was no. To oil the roads one time would cost $72,800 and would last about two and one-half weeks. City Manager Brighton stated that he will speak with Acting Fire Chief Burnett regarding an attachment for their 5,000 gallon water tank to help in emergency situations as far as watering the roads are concerned. Hopefully that will help reduce the dust on a "sometime" basis. If the program suggested by Director Kornelis,.is undertaken, the streets would have to be attended to three times this summer to have an effective dust control program (the CSS1). It is very expensive oil.program and the only one the DEC will approve. MOTION: Councilwoman Swarner MOVED for payment of the bills over $1,006. Councilwoman Monfor SECONDED the motion. •_t Attorney Rogers stated that a purchase order in the amount of the proposal for an environmental assessment from Wince-Corthell-Bryson was handed out to them. This was done to expedite matters. Also handed out was a memorandum which includes prices discussed with CH2M- . 1 1 . KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 20 Hill. CH2M-Hill's prices seem to be higher. Wince-Corthell-Bryson is a local firm. They are asking for a waiver of an insurance requirement. Attorney Rogers stated that he assumes that CH2M-Hill has the insurance. Advantages of hiring Wince-Corthell-Bryson are that they are local and they know the contractors. Attorney Rogers stated that he believes the assessment needs to be done and that the Council needs to address the need in every parcel of land that the City is a landlord of or a seller of in view of the liabilities out there. He advises the Council that in the future, any mutual rescission document when taking lands back, that billed either into the lease or as part of the Code that upon turn back of real estate, one of,the costs borne by the lessee or purchaser giving up the land is the cost of an environmental assessment before the City consents to take property back. Councilman Smalley asked what happens if a pre -lessee wants an environmental assessment prior to signing a lease. Answer from Attorney Rogers was that the cost could be amortized into the lease payments, eat the cost, or get some consistent policy. He also stated that the Legal Department received the draft lease back from Carr- Gottstein and they had made many changes. Some could easily be. accommodated. Others are part of the Code. There is a lack of uniformity if we use their lease. In review of the lease, they can be accommodated, but for the Code revisions, if the Council wishes. Attorney Rogers requested some direction from Council. MOTION TO AMENDS Councilman Smalley MOVED to amend the paying of the bills to include the purchase order to Wince-Corthell-Bryson in the amount of $11,600 and Councilwoman Swarner SECONDED the motion. VOTE ON AMENDMM": Mayor Williams asked if there were objections. There were none. MOTION PASSED BY UNANIMOUS CONSENT. Mayor Williams discussed the memorandum before Council from Jatck Lashot to Director Kornelis in regard to dust control of City gravel streets for the amount of $10,210. City Manager Brighton staters that the money for these purchase orders is coming from this year's fiscal budget. Councilwoman Monfor asked if there was more money in the budget from where more money could be taken to oil the roads again. Finance Director stated that there was more money available. If cost * � t KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 21 of the purchase order is kept under $10,000 a bid process will not be needed. Councilman Walker stated that if this amount only covers approximately 3.5 miles of gravel roads, it is hardly enough to bother as there are many more miles that need to be covered. How is it decided what roads receive and which ones do not. He would prefer doing all the gravel roads instead of only three or four miles of them. City Manager stated that it was intended to do Thompson Park because most of the complaints are coming from there. Also, it is the Administration's intent to put some water on the streets within the next three weeks. Director Kornelis stated that the purchase order could be doubled without going out to bid as Chevron is the sole source for the CSS1. The distributor truck would have to be bid if used more than twice at the amount stated in the purchase order before them. . Karsox FOR AMENDMENT: Councilwoman Swarner MOVED to amend the purchase order by doubling the amount to $20,420.96 and use Chevron CSS1 as the sole source. Councilwoman Monfor SECONDED the motion. Councilman Smalley asked if the same thing could be done in July again. Answer was yes. Director Kornelis added that the money for this operation was originally there for the seal and chip process and money will have to be appropriated in the next budget to do this if the money is used for this oiling process instead. VOTE ON AMENDMENT: Councilwoman Monfor requested UNANIMOUS CONSENT. SO ORDERED. VOTE ON ORXG XNn MOTION: Councilwoman Monfor requested UNANIMOUS CONSENT. SO ORDERED. H-r3 t 0 dinance 13 8? -90 -- Increasing Estimated Revenues and Appropriations by $50,008 in General Fund Providing Accrual of a Liability to PERS and RIP. 0 Ordinance introduced by Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 is Page 22 M-4s OrO� ns�,ce 1229-90 - Increasing Estimated Revenues and Appropriations by $16,153 in Federal Revenue Sharing Fund and Transfer to General Fund. Ordinance introduced by Consent Agenda. Ordinance 1980-90 - Increasing Estimated Revenues and Appropriations by $3,360 in General Fund for Repair of Police Vehicle. Ordinance introduced by Consent Agenda, R-6s Ord nance 138 -90 - Repealing KMC 7.10.060 Providing for a Schedule of Sales Tax Levy. Ordinance introduced by Consent Agenda. s R-78 OA.scussion - Petition to Vacate Utility Easement on Lots 3-7 and Lot 9, Baron Wood. It was reported that the Planning & Zoning Commission had not dealt with this request for some time. However, information in the packet stated that the Borough Planning & Zoning Commission had no objection to the request. Mayor Williams asked if there were any objections to the request. There were none. Administration was directed to send a letter of non - objection to the Borough. 8�8s oisus,c_,_,sion - Setting of the Clerk's Salary. A memorandum to Council from the Mayor was included in the packet. The memo stated that discussions during the interview process with. both candidates with regard to salary commensurate with a Range 16A was used ($37,928). The position is not included in the salary range however. Since those interview discussions, the Council has approved a four percent raise which brings that Range 16A amount to $39,446. Mayor Williams suggested a salary of $39,000. �J r ► a KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 23 MOTIONS Councilwoman Monfor MOVED to start the City Clerk at the annual. salary of $39#500. Councilman Smalley SECONDED the motion. Discussion: Councilman Walker stated that he understood that the salary has to be kept below a certain amount in order that the former Clerk could take the RIP. Finance Director Brown stated that the RIP and the list had already been accepted by the Council and that any amount could be set for the salary and it would not be detrimental to the former Clerks acceptance by RIP. VOTE: Walker: Yes. Measles: Absent Williams: Yes Swarner: Yes O'Reilly: Absent 0 MOTION PASSED UNANIMOUSLY. Monfor: Yes Smalley: Yes Games of Chance and �� - Kenai Peninsula Extension Homemakers Council. Approved by Consent Agenda. ITEM 11DMINI92RATXON RSA RT8 I-1: faygr No report. t-2: COX. Manager City Manager Brighton reported that Dave Burnett has been appointed Acting Fire Chief due to the death of Chief Alfred Ivanoff, . City Manager Brighton congratulated the entire Fire Department for their wonderful job in paying homage to Chief Ivanoff. City Manager Brighton added that the final CTHA agreement was included as an informational item in the packet. He stated that he will promptly sign the agreement and send it out. IS KENAI CITY COUNCIL MEETING MINUTES June 61 1990 Page 24 1-3: Attorney, Report Attorney Rogers reported that a copy of the Master's Report in regard to the condemnation action on the float plane basin property was included in the packet. He stated that the Master's Report came in $2,000 more than what the City had anticipated. He also stated that because the Master did not award more than ten percent above the City's offer, the City will not have to pay attorney's fees. There is an appeal period of thirty days. He will wait until after that period before doing a purchase order to pay the additional $2,000 to Wildwood Development. Attorney Rogers also reported that agreement with regard to the Church property was included in the packet. The agreement states the City consents to the nonjudicial foreclosure by the State of Alaska on the right, title and interest of the Lessees, Walter and Gloria Church. It will be a several months before the City receives the past due lease amounts. Attorney Rogers stated there is a draft copy of the adult day care program agreement. If there are no objections by Council, it will be signed by the City Manager soon. Attorney Rogers added that he would like permission to double the fines within the Code. MOTION= Councilwoman Monfor MOVED to convene in an executive session of the Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai; that tend to prejudice the reputation and character of another; or which by law, municipal charter, or ordinance, are required to be confidential. Councilwoman Monfor requested that the City Attorney and City Manager remain available for attendance. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. MOTION PASSED BY UNANIMOUS CONSENT. Meeting in recess at approximately 11:10 p.m. Meeting called back to order at approximately 11:30 p.m. • V KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 25 NOTION: Councilwoman Monfor MOVED that the Administration get cost estimates for tearing down the Harborview and proceed with a resolution of the case along the lines that we discussed in the work session. Second, ask for Unanimous Consent. Councilwoman Swarner SECONDED the motion. VOTE: Mayor Williams asked if there were any objections to tearing down the Harborview. There were none. SO ORDERED. MOTION: Councilwoman Monfor MOVED that we appoint Cary Graves to be the Deputy Attorney immediately and that the Attorney will begin an extended leave on July 31st, but will be available as needed for important briefs. Councilman Walker SECONDED the motion. 40 VOTE: Mayor Williams asked if there were any objections to elevating the City Attorney or the Legal Assistant to Deputy City Attorney. There were none. SO ORDERED. NOTION: Councilwoman Monfor MOVED that the City Attorney proceed with the selection of the legal secretary pursuant to our discussion in the executive session. Councilwoman Swarner SECONDED the motion. VOTE: Mayor Williams asked if there were any objections to proceeding in that manner. There were none. SO ORDERED. I-4: City Clark Clerk Freas requested that an amendment to the bid documents for the contract secretary be made in regard to a deadline to when minutes should be received by the Clerk's office. This request was made due to complaints of the frequent delays in receiving the minutes. Councilwoman Swarner agreed. Mayor Williams thought that the new bid documents were tighter in that regard. Clerk will review documents. KENAI CITY COUNCIL MEETING MINUTE$ June 6, 1990 Page 26 I-b t F nan a D��e, motor . Finance Director Brown stated that he had attended some meetings at the Borough regarding sales tax. Recent changes in the State law has taken the cap off on sales tax. • No report. No report. Un AISCD88IOH J-1:.,, itizens No comments. J-2: cou_, ncil Councilman Walker stated that he felt that the accepting the:CIHA agreement is a long-term mistake for the City of Kenai. There is no way to back out of the agreement. There are very few units available at this time which means that new units will be built. The City will have to provide water and sewer for the new units. He feels that the agreement is discriminatory and not -equitable. He has feels there is no incentive for the receivers of this program to buy their own homes. Councilman Walker stated to is against this program, he does not like it, and he does not support it. Councilwoman Swarner and Monfor: No reports. Councilman Smalley apologized to the Airport Manager for.not being at the seminar. He was entertaining visitors from Magadan. Mayor Williams stated that while in Nome he was I.surprised at the use of rubles in many of the businesses. Mayor Williams asked Director . Kornelis about the ramp project. Mr. Kornelis stated that he had letters going out in regard.to the objections received. Mayor Williams asked about the viewing area. Director Kornelis stated that it is ready to go.. There is a meeting to be held June 7, 1990 with the'Chamber. KENAI CITY COUNCIL MEETING MINUTES June 6, 1990 Page 27 Mayor Williams,stated that there was an advertisement for appointments to the personnel arbitration board. He received applications,from. Lori G. Holleman and Fames A. Krein. Mayor Williams ''Stated that.if there were no objections he would appoint these people to that board. There were no objections. :o Councilwoman Swarner MOVED for adjournment. There were no objections. The meeting adjourned at 11:50 p.m. Tra scribe y: 4,c-e Caro L. as City Clerk . 6/14/90 1�'�a a .i.ti•.d C w�.1 �r�F 4� ...r'.'i W.�w 6AnAVA O