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HomeMy WebLinkAbout1990-11-21- Council Minutesa E AGESDA KENAI CITY COUNCIL - REGULAR XBXTXNG NOVEUBER 211 1990 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. 8. NCRBD &D 20-LI Co gpT (10 Minutes) C. P-MLZC g MINGe 1. Resolution 90-72 - Requesting that a Hike Trail/Safety Path be Planned for Now and Included in the Kenai Spur Highway Widening Project. :mot- -� '��__ �•: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees no xzNV+o8 1. *Regular Meeting of November 7, 1990. • _ •�1 _11 N. NEW BUBINI.A 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Approval - Games of Chance and Contests of Skill Permit Application/City of Kenai* 4. *Approval - Games of Chance and Contests of Skill Permit Application/Kenai Bicentennial visitors & Convention Bureau, Inc. 5. *Approval - Games of Chance and Contests of Skill permit Application/Fraternal Order of Eagles, Aerie 03525. 6. *Ordinance Noe 3t06-90 - Finding that Proposed Tract B, Peterson Subdivision, City -Owned Lands, Is Not Required for Public Use. 7. *Approval - Games of Chance and Contests of Skill Permit Application/American Legion Post 20. S. *Approval - Games of Chance and Contests of Skill Permit Application/American Legion Auxiliary Kenai Unit #20. g. Disoueeio» - Release of LiabilityUnder Deed & Trust, Park Subdivision/JessClinton Lot 2-A, Baron Hall. _9 P4X=TWX9N ampolm 1. Mayor 2. City Manager 3. Attorney 4. City Clerk S. Finance Director 6. Public Works Director 7. Airport Manager J. RX00IIA8LO1� 1. Citizens 2. Council MINT • 1� L�.�s.._ \. • KENAI CITY COUNCIL MEETING Minutes of November 21, 1990 KENAI CITY HALL MAYOR JOHN J. WILLIAMB` PRESIDING Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Smalley, Swarner, Measles, McComsey, Monfor, Walker, and Williams. A-3. Mayor Williams suggested that the agenda be shortened due to the Thanksgiving holiday tomorrow. He suggested dispensing with the less formal portions of the agenda, such as the committee and commission reports. There were no changes to the agenda. J MOTION: Councilman Smalley MOVED for approval of the agenda as written. UNANIMOVS CONSENT was requested. There were no objections. 80 ORDERED. A-4. There were no changes to the Consent Agenda requested. MOTION: Councilman Measles MOVED for approval of the Consent Agenda as presented and requested DNANIMOVS CONSENT. Councilman Smalley SECONDED the motion. There were no objections to the request for unanimous consent. 00 ORDERED. B. 6MINDIILED 198LIC', COMMENT (10 Minutes) There was no scheduled public comment. • • • RENAI CITY COUNCIL MEETING November 211 1990 Page 2 c. PORL c BEARSNa� C-i. Resolution 90-72 Path be Planned Highway Widening MOTION: we Requesting that a Bike Trail/Safety for Now and Included in the Kenai Spur Project. Councilman Smalley MOVED for approval of Resolution No. 90-72 and Councilwoman Monfor SECONDED the motion. The Unity Trail Committee is requesting support from the City of Kenai. The project would include a pathway of approximately five miles, connecting the already planned urban onbagforan highway. Their focus has always Planning dollars additive/alternate to the total construction certainperiteria are Federal highway dollars may bereceived growth forecasts, and met. Those include sufficient trafforting approving this local governments conceptually supporting and PP g project. PUBLIC COMMENT: Kathy Scott, Kenai spoke in support of the resolution. She stated that she had made a presentation to the council atitheir work session in.october. She forwarded the draft on to them at their request. Ms. Scott presented pictures, letters and resolutions of support sent oeaaofve Navarres and a Transportation for petition that was sent to theDepartment the Council to review. Ms. Scott stated that she spoke with Tom Ackerly. Mr. Ackerly has been an avid supporter of the project. Mr. Ackerly asked Ms. Scott to pass on the following comments: 1. certain 2. dollars. It is a stand-alone State project -- the trail must meet federal criteria to be budgeted. 0 The Spur Highway project will be paid for by federal 3. Misconception eas to obtain. to say that funding for the trail will be y 4. First step to obtaining the funding Kenai to support the project. 5. Monies were once in the State budget phase, but were vetoed by Governor Cowper. is for the City of for the planning REMAt CITY COUNCIL MEETING November 21, 1990 Page 3 Ms. Scott went on to say that their Unity Trail Committee is now in the process of obtaining local resolutions in support of the project. They have already received a resolution in support from the Assembly and one from the City of Soldotna is to be forwarded soon. The project is on the City of Soldotna's Capital Improvement Projects list. Marion Nelson - Kenai Businesswoman, Nikiski Resident. Ms. Nelson stated that she strongly supports the resolution. Clarence Ladd - Kenai. Mr. Ladd stated that he has supported the project for many years for use by young and old. He hopes the Council will support the project. Keith Kornelis - Kenai. Mr. Kornelis stated that he was requested by the Kenai Junior High School PAC to report that they net last night to discuss the project. The PAC is overwhelmingly in support of the project. The PAC feels it is a good project. Kayo McGillivray - Parks & Recreation Director. Mr. McGillivray stated that the Parks & Recreation Commission net on Monday evening. They discussed the requested trail project. The Commission recommends to the Council to support the bike/safety/Hiking Trail proposal. There was no more public comment. Discussion came back to Council. Councilman Walker stated that he is not in favor of the project due to the cost. The study will cost approximately $10O,o0O. He believes the money could be better put to use for better roads and maintenance of existing roads. The trail can come later. The present bike trails in town are not maintained. He believes that a new trail would not be maintained either, even with community support. Councilwoman Swarner asked if the planning for the highway will be done with Federal or State monies. Public works Director Kornelis stated that he spoke with the DOT and was told it would be State funds for the planning portion. Councilwoman Swarner asked if the planning of the project is paid for with State funds, will the building of the road be from State or Federal monies. Mr. Kornelis stated that if the project meets the criteria, they will be Federal funds. However, DOT does not believe that the project will be eligible for Federal funds. Maintenance of the trail would come from the State General Fund. KENAI CITY COUNCIL MEETING November 21, 1990 page e once the trail is built, it will be maintained by the maintenance fund. If there is not enough money in the fund, the trail will not be maintained. Councilman McComsey stated that he would also vote against the resolution due to the cost. He does not believe the project worth the cost, especially if the State will not maintain the trail. Councilwoman Monfor stated that she does not believe the cost factor is at issue this evening. The resolution talks about the planning of the project. The Committee is asking the Council for a good -faith statement of support. She believes the Council should support the concept. She does not believe that the money will come from Kenai or the State. Councilman Smalley stated that he agrees with Councilwoman Monfor. The resolution is asking for support of the concept. The project may not be built. Ms. Scott added that the answer to the maintenance question is unknown. She has spoken with Dave Bunnell in Soldotna. The maintenance to the Kalifornsky Beach trail is snow removal in the winter which costs approximately $27 per mile. The Coastal Trail in Anchorage is maintained once in the Spring by volunteers. The trails already in Kenai were never built to grade. They were an afterthought. Councilman Walker added that the resolution does not state "in support of the concept." It asks to support that the path be planned for now and included in -the Kenai Spur Highway widening project. Mr. Walker stated that he supports the concept, but it was not included on the Kenai Capital Improvements List and he does not like to support anything that is*not on the list. Councilman Smalley added that Mr. Walker stated that the trail could be planned later. He disagrees with that as -the previous trails were built/planned after the fact. The best time to plan the trail is while the highway project is being planned. Councilwoman Swarner stated that she supports the concept of the project. C� 1 REMAt CITY COUNCIL MEETING NOVOMber 211 1990 Page S MOTION= Councilwoman Swarner MOVED to amend the title of the resolution to state: A resolution of the Council of the City of Kenai, Alaska, [REQUESTING THAT] suoMtina Q2 c ncLa2t of a bike trail/safety path [BE PLANNED FOR NOW AND INCLUDED] in the Kenai Spur Highway Widening Project. Councilman Walker BBCONDED the motion. Mayor Williams stated that he was impressed by the backup support information brought to Council to review. The packet is more informative than that which was brought to Council regarding Eadie's Bar. The information proves the interest and support of the community for this project. Councilman McComsey asked if the Council's support would remove something from the Capital Improvement List the City has already submitted. Mayor Williams stated no, that they are supporting the concept and no dollar amount. Mr. McComsey added that a few years ago, State administration stated that there would be no new bike trails built. Councilwoman Monfor stated that there is now a new State administration. Mayor Williams added that the project will probably not be considered right away and may not be considered for funding for another year. There will probably be another year's delay on the highway project. Mayor Williams feels comfortable in advancing the resolution to make it part of the project. VOTE ON Ai�EI�10MENT s Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes MOTION NABBED UNANIMOUBLY. VOTE ON ANEND ED REBOLUT20Ns Measles: Yes McComsey: Yes Smalley: Yes Williams: Yea Walker: Yes Swarner: Yes Monfor: Yes 1iO3'iON NABBED ONAltI![OIIBbY. 18311 Cn'Y COUNCIL MEETING November 21, 1990 Naga 6 D-1. Council on Aging Deleted for this meeting. However, Councilwoman Swarner reminded Council that the Senior Center will be hosting their City Appreciation dinner on November 29, 1990, The Council and their spouses are invited. They are to RSVP to Pat Porter. Also there will be a Congregate Housing Design Committee meeting on November 27, 19901 from 9:00 a.m. to 4:00 p.m. at the Senior Center. This meeting will be with the architects. Council is invited. D-20 Airport Commission - Deleted for this meeting. D-3. Harbor Commission Deleted for this meeting. D-4• Library Commission Deleted for this meeting. D-s• Parks i Recreation Commission Deleted for this meeting. D-6. Planning & Zoning Commission Deleted for this meeting. Councilwoman Monfor added that in the past, during the making of the CIP list, the Planning & Zoning Commission and Parks & Recreation Commission have been included in the development of the list. It was not done this year, but should be in the future. Mayor Williams stated that there was a time crunch that kept the commissions from being involved. Councilman Smalley stated that he brought the list to the P&Z Commission's attention. Mayor Williams added that he had telephone conversations with the Governors office this afternoon regarding the Helicopter Cold. Water Recovery Facility. Then Governor is putting together an outgoing budget and the Mayor sent information to the Governor to include $1.5M in the budget to fund the facility. ICENRI CITY COUNCIL MEETING Novembor 21, 1990 page 7 D-7• Miscellaneous Commissions and committees Deleted for this meeting. H-1• Rmqular Meeting of November 7, 1990. Approved by Consent Agenda. There was no correspondence. a. OLD DO- M oB soul Approval - Lobbyist Contract/Ashley Reed & Associates, , , Mayor Williams stated that there i amounts no change in the contract . He added that while at AML, he and City Manager Brighton met with Mr. Reed. Mayor Williams believes the City should continue the contract with Mr. Reed, NOTZONs Councilwoman Swarner MOVMD for approval of the lobbying contrast With Ashley Reed & Associates, Inc. and Councfiwoman.Monfor 61�CONDND the motion. Councilman Smalley requested VMZMOVS CONSENT. There were no objections. SO ORpMtRD• H. my SYMMS g'"1• Bills to be paid. Bills to be Ratified MOTION: Councilman smalley MOVED to pay the bills and Councilman McComas BsCONDRD the motion. y Councilman Walker stated that he eli HEA bill before them tonight, e,Cite es that ld after paying the p Y g to HEA until there is pay no more bills progress in placing,the.-new street lights KENAI CITY COUNCIL MEETING November 211 1990 Page a ordered and repairing those needing repaired. Councilman Walker stated that he will take such action in the future if progress is not seen. Councilman Smalley suggested that City Manager Brighton call HEA. Mr. Brighton stated that Council should remember who has the last lever. It was decided that Mr. Kornelis should contact HEA. Councilman Walker suggested that the Chairman of the KEA Board of Directors be contacted. , Mr. Kornelis stated that a letter is sent to HEA with a list of street lights needing repair each week. HEA writes back to them indicating the repair of street lights. Councilwoman Monfor stated that she believes the Board of Directors should be addressed, especially Sue Carter and Fred Braun. There were no objections to the motion. 80 ORDERED. H-2. Purchase Orders Exogedinq $i,o0o MOTION: Councilman Walker MOVED for approval of the purchase orders exceeding $1,000 and Councilman McComsey SECONDED the motion. There were no objections to the motion. 80 ORDERED, H-3. Approval - Games of Chance and Contests of Skill Permit Application/City of Kenai. Approved by Consent Agenda. H-4. Approval - Games of Chance and Contests of Skill Permit Application/Kenai Bicentennial Visitors a Convention Bureau, Inc. Approved by Consent Agenda, H-5. Approval - Games of Chance and Contests of*Skill Permit Application/Fraternal Order of Eagles, Aerie #3525, Approved by Consent Agenda. • 0 IC Mpj,I CITY COUNCIL MEETING November 21. 1990 page 9 g..g. Ordinance No. i006-90 - Finding that Proposed Tract Do, Peterson Subdivision, City -Owned Lands, is Not Required for Public Use. Approved by Consent Agenda. 8 ..7. Approval - Games of Chance and Contests of Skill Permit Application/American Legion Post 20. Approved by Consent Agenda. g_86 Approval - Games of Application/America Chance and Contests OfSkill Unit Permit n Legion Auxiliary Kenai Approved by Consent Agenda. g_g. Discussioa - Release Lot 2-A, Baron Park Hall. of Liability Und er Dead se& Clinton Subdivision No. / e ut City Attorney Graves stated that the Hall's are oreq requesting Deputy to be released from liability WalterhP.Darid Shirley J. Craycroft Baron Park Subdivision Noe a• Graves added that when he are assuming the Deed of Trust. Mr• receives the documents and they meet his criteria with theYcroft does assume the liability, he will have no prob transaction. In the past, the parties suchjust made afore. the payments. There has not been a request Mayor Williams asked Mr. Graves if this is a cleaner way of coin this type of transaction. Mr. Graves stated that is cleaner as long as the Council is satisfied withhe financial security of the person assuming the new deed of t Mayor Williams stated that he believeithatCouncilmanis a ore Measleare note with Craycroft than with the Hal' s. asked Mr. Graves if he had any problems witest ehmo ionrbesatruG cared Mr. Graves stated that the Lelrepartment's satisfaction to so that it has to meet 9alD make sure that it is technically correct. MOTION: Councilman Measles MOVED to approve the release of liabbiliity d the Hall's on Lot 2-A, Baron Park Subdivision No 2 I CITY COTMC116 MB�4TINa gam` NoZ 1• 1990 Pagevo the Legal t iB to hOiaallY J . CraYcroft a�hatn i p. and Shirley to make sure motion• by Walter satiggaction gWCONDSD the Department s MaComseY does not belieVe correct. Councilman mot: Me relieved of objected to the arty should be Walker tis particular p Councilman this timer that at isti Councilman Walker• its Obligation -is an objection from Record shows there 5ma11eY: Yes .10T$s Yes gwarner: Yes MaComseY: No Measles; Yes Walker: Williams: Yes Monf or : Yes MpTZON 8A90 D• O ' I• I.1• Mayor No report. City in the audience• M°aager Jennifer' _-�• troduced the new Clarion reporter In ZOOS • attorney No report. I-4 • City Clark No report. I +g • gis►anoo Direotor No report• Z•6. gublic Vow .9 Director No report• i Z_,. Airport �°gam KMMI CITY COUNCIL MELTING November 23, 1990 is Page 11 J-l. Citizens Kathy Scott thanked the Council for their support of the bike/safety trail. She also stated that Council should be applauded for their aggression and willingness to work toward acquiring the Cold Water Recovery facility. J-2• Council Mayor Williams - 1. Reminded Council of the RDC conference in Anchorage. If anyone plans to attend, they should inform the Clerk to make arrangements. 2. Attended Board of Directors Meeting at AML. The consensus that everyone should pay the same amount, across the board. Dues will be $200. The AML is also implementing cost- cutting measures. 3. Brought to Council's attention the memorandum before them in regard to the Council/Legislator reception on December 11, 1990 from 12:00 Noon-1:30 p.m. at Mr. D's. Parks & Recreation Director McGillivray stated that the P&R Commission, at their Monday meeting, approved, subject to Council approval, to make application to hold the 1992 Alaska Parks & Recreation Conference in Kenai. There would be 60-100 people attending out of a membership of 135. Mayor Williams requested that Mr. McGillivray bring information to Council regarding potential costs. Mr. McGillivray stated that the last three conferences were paid for with registration fees. Meals were furnished by the conference. Councilwoman Monfor - Commended Fire Chief Burnett well- . organized, well -controlled burning of the Harbor View. Councilman Smalley - Informed Council of the P&Z Commission's concern with regard to Item H-61 Ordinance 1406-90, Tract B, Peterson Subdivision. The Commission feels that perhaps the City could divide the land and sell the top of the bluff and keep the slope and lower area where there are public trails. There is access to the side of the property and it would remain and allow the purchaser access also. + . 1 RENAI CITY COUNCIL MEETING November 21, 1990 Page 12 it was stated that the Ordinance was introduced this evening by Consent Agenda. There will be time for discussion at the next meeting under Public Hearings. Mayor Williams - Stated that the Council is in need of an Attorney- of -Record. A motion is needed which will elevate Cary Graves to Acting City Attorney. MOTION: Councilman Smalley MOVED to elevate Cary Graves to Acting City Attorney. Councilwoman Swarner BECONDED the motion. Councilman Walker asked if this item needs an executive session. City Manager Brighton stated that there will need to be one, but not for this elevation. Councilman Walker asked if this carries any monetary effect. Mr. Graves stated that it does not carry any monetary effect. Mayor Williams stated that upon Finance Director Brown's return, details will need to be decided. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monf or : Yes MOTION PABSED UNANIMOUSLY. R. MOTION: Councilman Smalley MOVED for adjournment. There were no objections. 00 ORDERED. Meeting adjourned at 7:47 p.m. Minutes transcribed by: Carol L. eas,-City Clerk �:: i'I'i