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HomeMy WebLinkAbout1989-05-17 Council Minutes10 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 17, 1989 - 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 Minutes) 1. Bud Walters, Walters & Olson Ins. - Refund on Workman's Comp C. PUBLIC HEARINGS 1. Ordinance 1316-89 - Increasing Rev/Appns - Council on Aging - $3,47l; Decreasing Rev/Appns- Senior Employment Fund - $5,912; Decreasing Rev/Appns - Senior Day Care Fund - $1,745 2. Ordinance 1317-89 - Amending Kenai Municipal Code Title 23 - Increase Employer Contributions. - Supplemental Retirement Plan 3. Ordinance 1318-89 - Increasing Rev/Appns - Shipping Costs for Donated Museum Artifacts - $212 4. Ordinance 1319-89 - Increasing Rev/Appns - Susieana Lane Paving - $42,000 5. Resolution 89-42 - Transfer of Funds, Federal Revenue Sharing - Public Works - Repair Equipment - $16,000 6. Resolution 89-43 - Requesting Solution to Kenai River Subsistence Claim D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission is 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E. MINUTES 1. *Regular Meeting, May 3, 1989 F. CORRESPONDENCE I. Kenai Bicentennial Visitors & Convention Bureau - Old Town Street Improvements 2. *Sen. P. Fischer - Municipal Assistance & Revenue sharing 3. *Wm. Gavin - Subsistence Fishing 4. Bill Quandt - Cook Inlet View Drive Problems 5. Softball Tournament in Kenai - 1990 G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1321-89 - Adopt Annual Budget - 1989-90 4. *ordinance 1322-89 - Increasing Rev/Appns - Payment of Taxes - Inlet Woods - $120205.77 5. *ordinance 1323-89 - Increasing Rev/Appns - Recreation Center Exercise Equipment - $990 6. Approval - Vacate Easement - Valhalla-Hts #1 7. Discussion - Pump House Pressure System Modifications S. Discussion - KJHS Ball Field Development 9. Change Order #1 - Phase 1, Airport Taxiway Overlay Project I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director ' 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT u 10 KENAI CITY COUNCIL - REGULAR MEETING MAY 17, 1989 - 7:00 P.M. KENAI CITY HALL VICE MAYOR RAYMOND MEASLES PRESIDING A. CALL TO ORDER 1. Pledge of Allecriance 2. Roll Call Present: Measles, Monfor, O'Reilly, Smalley, Swarner Absent: McComsey, Williams (both excused) 3. Agenda Approval Vice Mayor Measles: Item B-1 - Kurt Olson will be speaking. Item D-4: A Harbor Commission recommendation was passed out this evening. Item D-6: A recommendation from the Parks & Recreation Commission was handed out. Item H-2: Amended requisition was passed out to replace the packet item. Item H-7: Is for information only. Item H-9: Should be deleted. Item C-6: Councilwoman Monfor asked to have C-6, the Resolution regarding subsistence removed from the agenda because it is inappropriate for the Council to consider at this time. Councilwoman Swarner agreed; Councilwoman O'Reilly felt it was pointless; Councilman Smalley agreed. The agenda was approved as amended. 4. Consent Agenda Councilwoman Monfor asked to have the budget removed, however, as there are persons wanting to speak to it and a work session has been scheduled, the request is not necessary. Consent Agenda stands approved as listed. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Kurt Olson, Walters & Olson, Ins. - Refund on Workman's Coup Kurt Olson: On behalf of Walters & Olson I'd like to present the City with a check for $57,000 for the first retro adjustment on your Workmans Compensation policy for last year. The plan that you are on is audited three times after the expiration and based on the losses the City either gets money back or pays. During the past 6 years or approximately $200,000 has come back to the City. : .. IN KENAI CITY COUNCIL MAY 17, 1989 PAGE 2 Due to the way the * about $90,000 has come back this fiscal year which has just about paid for present levels of the policy. C. PUBLIC HEARINGS 1. Ordinance 1316-89 - Increasing Rev/Appns - Council on Aging - $3,471; Decreasing Rev/Appns - Senior Employment Fund - 5,912; Decreasing ReyLAMns - Senior Day Care Fund - $1,,7445 MOTION: Councilwoman O'Reilly moved to adopt Ordinance 1316-89, seconded by Councilwoman Swarner Vice Mayor Measles called for public comments, there were none. VOTE: Motion passed unanimously by roll call vote 2. Ordinance 1317-89 - Amending Kenai Municipal Code Title 23 - Increase Employer Contributions - Supplemental Retirement Plan MOTION: Councilwoman Monfor moved to adopt Ordinance 1317-89, seconded by Councilwoman Swarner Vice Mayor Measles called for public comments,, there were none. VOTE: Motion passed unanimously by roll call vote 3. Ordinance 1318-89 - Increasing Rev/Appns - Shipping Costs for Donated Museum Artifacts- $212 MOTION: Councilman Smalley moved for adoption of Ordinance 1318-89, ,seconded by Councilwoman Monfor Vice Mayor Measles called for public comments, there were none. VOTE: Motion passed unanimously by roll call vote 4. Ordinance 1319-89 - Increasing Rev/Appns - Susieana Lane Paving - $42,000 MOTION: Councilwoman O'Reilly moved for adoption of Ordinance 1319-89, seconded by Councilwoman Monfor KENAI CITY COUNCIL MAY 17, 1989 PAGE 3 Councilwoman Monfor: I was ahead with a project we had Senior Center parking that project. Have we added thi doing? s wondering if we were going to move talked about last year and that is. the we were going to tie in with another to any of these jobs that we're PW Director Kornelis: No, we talked about it last year, however there are a few problems that need to be solved. We discussed it with the City Manager and a couple of them are; the present parking lot is straddling two lots and I don't know how we're going to handle that; also, there is a power line going through there and it's going to have some upgrading from what I understand. The main thing was trying to determine property lines. Councilwoman Monfor: Would it be too late to get it done as one of our projects this year? PW Director Kornelis: No. The thing to do would be to add it to this one. To bid it as part of this project if we want to go that route. Councilwoman Monfor: We did talk about it last year and we were going to try to get it done. • I know that I've had a number of seniors ask me about it. Councilwoman Monfor: Could we amend this motion to include the paving of the Senior Center parking lot? Vice Mayor Measles: Not this ordinance. City Manager Brighton: Perhaps this could be addressed in a work session that may happen in the next 7 or 8 days. Councilwoman Nonfor: Would you please mark it down then. VOTE: Councilman Smalley: Does this appropriated money cover the cost of the curbing problem that was over there. PW Director Kornelis: That's included. We have started redesign work. We found some problems in our inspections, some of the catch basins weren't grouted in, so we're making some changes. We've hired a draftsman for a couple days to make the changes. We will begin looking at the parking lot if the Council desires. Motion passed unanimously by roll call vote 5. Resolution 89-42 - Transfer of Funds, Federal Revenue Sharing - Public Works - Repair Equipment - $16,000 - MOTION: Councilwoman Monfor moved to adopt Resolution 89-42, seconded by Councilman Smalley. Vice Mayor Measles called for comments from the public, there were none. VOTE: Motion passed by unanimous consent b. Resolution 89-43 - Requesting Solution to.Kenai.River Subsistence Claim This item deleted D. COMMISSION/COMMITTEE REPORTS 1. Council on A,,,,,�ing a. Councilwoman Swarner reported that the minutes of the last meeting a week ago are not in the packet. Work is continuing on the congregate housing. 2. _ Airport Commission a. Councilwoman O'Reilly reported that there is a meeting scheduled for the following evening. Hopefully, the other two leases will be reworded. 3. Economic Development Commission None 4. Harbor Commission Councilwoman Swarner asked if anyone attended the meeting concerning the lower 5 miles of the Kenai Riverj, City Manager Brighton answered that it had been cancelled. It is rescheduled to 9 A.M. at the Aquaculture building. Councilman Smalley: Did you indicate that there needed to be some action taken on this? Vice Mayor Measles answered yes, while he was not present, there was a resolution passed which is in the packet, requesting the Kenai City Council approve a resolution asking the Corps of Engineers to present a reasonable plan for placement of buoy permits. The Harbor Commission feels there is a potential problem with.buoy placement in the Kenai River. There are a large number of buoy permits issued and they have not been able to come up with any kind of plan showing where those buoys are supposed to be by permit. The Harbor Commission.had contact with the Corps and the response left a lot to be desired. There was a kind of drawing of the Kenai River with a few x's scattered around, no exact coordinates for the location. Currently, there is no way Public Works or anyone from the Harbor could go out to the river and determine if the buoys are placed properly and no way of knowing if there is any room left in the river with all the permits already issued, to put any additional buoys. Thus the reason for the request for the resolution. KENAI CITY COUNCIL MAX 17, 1989 PAGE 5 MOTION: Councilwoman O'Reilly moved to direct the City of Kenai send a letter to the Corps of Engineers requesting a plan for the placement of the buoy permits and also to conduct a survey of the Kenai River, the bottom lower 5 miles and provide a detailed map showing the placement of the permitted mooring locations, seconded - by Councilwoman Swarner Councilwoman Swarner: The Harbor Commission is asking for a resolution and Councilwoman O'Reilly's motion was just a letter. Should we do both. City Manager Brighton: A letter by the authority of Council serves the same purpose. VOTE: Motion passed by unanimous consent 5. Library Commission Councilwoman Monfor reported that there was no meeting, however, there is a 40th birthday party scheduled for Sunday, May 21st. 6. Recreation Commission a. Director McGillivray reported that the Commission had met the ,•t previous evening. b. There was a motion/recommendation made that the Bookey lease be approved. C. Denis Douglas, the Maintenance person, discussed where to place the 1791-1991 numbers on the Airport Triangle Park. The suggestion from both the Director and Mr. Douglas is on the top. The reasons are visibility and the ability to anchor it to the railroad ties. The two gentlemen tried out different locations and took pictures and found that the numbers did not stand out on the sides as originally planned. if the numbers are set in concrete there probably will be problems with frost heave so each spring they will have to be realigned. The suggested way to do this is to drill through the railroad ties and run bolts down through the ties and the ground making it difficult to remove or vandalize. If this meets with Council approval, the Director will move ahead. Council agreed. d. Councilwoman Swarner: When is the fountain going to be started. Director McGillivray: Every thing has been prepared, however, there have been problems with the pump. As soon as it has been repaired the fountain will be turned on.. e. The Council discussed whether or not there is action necessary for the Bookey lease, answer no, it proceeds to the Planning Commission prior to Council action. . �w' ...._.._.,. _.,..,....._ .. _._. KENAI CITY COUNCIL MAY 17, 1989 PAGE 6 7. Planninga & Zoning Commission Councilman Smalley reported that the minutes are in the packet. City Manager Brighton: The Borough Mayor called and indicated that Phil Bryson's term on the Borough Planning & zoning Commission is expiring and while Mr.,Bryson has no objection to remaining on, the Borough Mayor indicated that he would like the Council and the Mayor to submit three names in order to have the opportunity for selection. He indicated that he would probably select Phil, however, for people who send names to him for appointments, henceforth, he wants more than just a single name. Councilman Smalley: The Commission dealt with that matter and unanimously agreed to send Phil back. City Manager Brighton: The names must come from the Council. e MOTION: Councilwoman Swarner moved that we send three names, Phil Bryson, John Williams, and Charles Brown, seconded by Councilwoman Monfor VOTE: Motion passed by unanimous consent 8. Misc. Commissions/Committees of None E. MINUTES 1. *Regular Meeting, May 3, 1989 F. CORRESPONDENCE 1. Kenai Bicentennial Visitors & Convention Bureau - Old Town Street Improvements Councilwoman Monfor: Is this an item that is going to be on the work session, answer yes. Perhaps because people are in the audience, we could set the date and time tonight. The Council set the work session for Tuesday, May 23, 1989 at 7:00 P.M. Vice Mayor Measles: This work session will be for budget amendments, additional road work, and reviewing additional personnel requests. Mr. Ed. Garnett: For Council's information, one of the biggest problems in Old Towne is the intersection at Main Street. It is dangerous. I have talked to the owner of Lot 1, Block 16 and he says that he doesn't want to do much with that square and he would grant the City a road easement for that purpose. 2. *Sen. P. Fischer - Municipal Assistance & Revenue Sharing No comment 0 KENAI CITY COUNCIL MAY 171 1989 PAGE 7 3. 4. *William. Gavin - Subsistence Fishing No comment Bill Quandt - Cook Inlet View Drive Problems Material was distributed by City Attorney Rogers. This is the final order of condemnation and judgement rendered by the court. Call your attention to the first paragraph on the first page and the last paragraph last page. 5. Softball Tournament in Kenai - 1990 City Manager Brighton: Sue Carter and Council, you may want to take a look at the whole City requirements for hosting the tournament. Councilwoman Monfor: How many hotel rooms do we have, answer from Sue Carter about 140. We have 8 or 9 tournaments scheduled for this year. These people ask for a lot prior to coming including up front money. The Recreation Commission has looked at it also. It is very similar to our Arctic Winter Games which cost $1 million. Vice Mayor Measles: Do we have to do anything on this? Sue Carter answered that she would get with Director McGillivray. G. OLD BUSINESS None H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley moved to pay the bills, seconded by Councilwoman Swarner VOTE: Motion passed by unanimous consent Councilwoman Monfor: We should do the amended one. It's H-2 but its the same as H-1. MOTION FOR RECONSIDERATION: Councilwoman Monfor moved to reconsider to amend the motion There were no objections. MOTION: Councilwoman Monfor moved that we make the payments over $1000 and add on to the Zerox Corporation cancel lease agreement on copier for $1640.380 seconded by Councilwoman Swarner I . 0 KENAI CITY COUNCIL MAY 17, 1989 PAGE 8 VOTE: Motion passed by unanimous consent 2• Re isitions Exceeding 1,000 MOTION: Councilwoman Swarner moved to seconded by Councilwoman Monforay the requisitions over $1,000, Councilwoman Swarner: On doing all that in house. Peninsula Roofing, Are we doing g' I though we were Paying some also. PW Director g some of it in house and doing it in house. This is roof work We never capabilities of doing. Planned eon g• Councilwoman Swarner: don't have the bid? Answer no. We didn t 90 out to VOTE: Motion passed by unanimous consent. --. ••Jrainance 1321.89 - Ado t Annual Bud et - 1989.90 Consent Agenda Item 4• *Ordinance 1322-89 - - Inlet Woods - Increasing Rev/Appns - payment of Taxes 12 205.77 Consent Agenda Item 5• '"Ordinance 1323-89 - Exercise E Increasing ReV/Appns - R®creation Cent�er i ment - 990 Consent Agenda Item pW Director Kornelis: •VD ff� Whether it is a cityWhenever anyone applies for a vacation, consent to that Vacation ein ret der easement, then the city through this it an reading r it to y hes to appears that Alaska Housing Finance Corporation has a lot in Valhalla Heights which has a yy easement. It doesn't well within that have water affect the City of Kenai at all. and sewer out there. We donet Highway, public Works has no objectionnly close to the Spur MOTION: Councilman Smalley moved to daft a the vacation of easement forrement of non -objection to Councilwoman OtReilly eferenc dproperty, seconded by VOTE: Motion passed by unanimous consent 9 KENAI CITY COUNCIL MAX 17, 1989 PAGE 9 7. Discussion - Pump House Pressure System Modifications PW Director Kornelis: I thought we may need this motion, but after thinking about it you already approved the purchase order.. It's to get that underground pump house working properly. 8._ Discussion - Kenai Junior H.S. Ball Field Development City Manager Brighton: This is memorandum of agreement. It is Council to read it. It appears not problem. not necessarily a contract but a vague in spots and I want the that the park superintendent has Councilman Smalley: Are they going to level that hill that they have been borrowing the dirt from? AT one time they said that if there was going to be bleacher work done that that dirt may be made into a hill. Director McGillivray: Curtis Burnham was in on this session and the idea was to level that area and take the dirt that's in that pile to be used for topsoil. The plan is to plant the entire field area and cut out the sections for ball fields. Councilwoman O'Reilly: Who would do the maintenance on the fields. Director McGillivray: Through the summer we agreed that we would. In talking with Don McCloud with Borough maintenance, he felt they could provide the fertilizer and materials then we would take care of the mowing. Once the ball season was over the Borough would take care of it. This goes back about 2 or 3 years, we tried to get together and at that time I reported back that the Borough wanted us to do all the work and spend all the money and do it according to their specs. We've gotten to the point now where it is a mutual agreement. The Borough will expend part of the cost as will the City. Vice Mayor Measles: They are talking about the cost proposals for installing, and it says "once the cost of this work is known the parties will determine if funds are available and to what extent each will be able to share in the cost." Director McGillivray: That is what we decided that day. We had no idea at that time what the cost was going to be. We do have, as far as our part, we still have some funds remaining in that ball park ,improvement fund that we had set up. At the time we thought we were going to lose the dust bowl we set aside those monies. Vice Mayor Measles: The thing that concerns me is that last sentence, "with the understanding that accord will be reached later on the sharing of costs for completing the site." There's nothing here that says the Borough is going to help do anything accept secure a cost proposal from a contractor. Director McGillivray: The Borough will provide all the fencing. There will be cost for installation of the fence, but they do have the gates and the fence to surround the area. There will be some additional fencing to be purchased as temporary and then the school will use them elsewhere. We have adequate fencing for the backstops that we got from the Borough last year. • KENAI CITY COUNCIL NAY 17, 1989 PAGE 10 City Manager Brighton: In other words you're saying that it be a shared operation from the standpoint of providing materials. Would The unanswered question is who is Director McGillivray:going to Pay for installation. That's true. City Attorney Rogers: I don't see where it says that they are going to bring materials in there, it leaves a lot to be decided later. I don't want to get into the making of the deal, I'm . concerned about the delineation of workers comp and whose employees and are they City employees under City direction and the d Borough takes care of their own. Perhaps that could be spelled out. The second major concern I have is the duration of the agreement. It talks about continuing future maintenance and management of the fields during the planting season going to Kenai. There's no end in sight. Director McGillivray: My feeling is as long as little league uses them during the summer without programs then I see no problem °us maintaining them. City Attorney Rogers: I don't h with Problem with that either but that's not what the document sayYs. Councilman Smalley: Is it possible that Director McGillivray Brighton, and the attorney could Y. Mr. resolve these issues. get together with Mr. McCloud and something we wouldn't be By this tonight we may approve far as cost and materials, duration It should be spelled out as n of contract and so on. City Attorney Rogers: I'll have something by Friday. Director McGillivray: Personally, I have a problem if the Cit going to have to maintain the fields if we can't use them. Y is Vice Mayor Measles: Is that the direction Council would like e to Councilwoman Swarner asked if there was a time limit, answer no in that ball playing wouldn't begin until summer McGillivray: The project . Director is g basis. The public Works Director agreed tonthis an Para s hisl. City employees are concerned and I did for our s far as his the time, its not going to be a matter of moving apfull crewle. Asehave r eov there. Councilwoman O'Reilly: Director McGillivray; Whose original suggestion was this. We have had need for more ballfields for some time and I got together with the Borou h. one had any money. Councilwoman Swarner: It hg At that time no of the Junior High parent group to do somethingalikeethatpriority Council agreed. 9• Chan a Order #1 - Phase 1 Ai ort Taxiwa Overla Pro ec t No comments X%Qlv AI Cr Ty COUNCIL MAY PAGE xl1 1989 0 I' ADMINIS TRATION REPORTS i---�M�°r a' Tomorrow is the Cat b• y of Kenails 29th anniver Mayor Willi 'eary. Commission, There is submitted two Dan Roberts. one vac names to the pl MOTION; The Mayor has reCo end ated by the ane ing $ Zoning recommended Kevin Walker resignation of COunci'Man smalls Zoning Commission y secc d to approve Kev VOTE; seconded by Council w m� Swer to the Plane Motion P arner ing & asked by unanimous consen 2, Cit Mara er t a• Envelo deals with Per were distribute might oughtpersOnnel, the d for future talking to be looki other deals consideration, g about these n9 at a Personnel with the serio One things at the work person• uWness we b• Councilwo session. We ill be Iowa, answerman Monfor asked if no. the house 3. Attorne had been located on a• City Attorney Rogers: amount on ban report with The materials kruptciesthe exception of the u hat Were handed o b, pdate of the actual the Regarding Kenai h peptepertY and it will 88A still get that area rifted Wi longer t has not been ale to 40 han first close Cat Clerk th no expense to theipated. We City. a• Information reg arding gard3n The APOC will beg voting has In the Borough on down doing abeen submit June 9th, udits u ted in the b• Volunteers the municipalities out. reception Will be C. June 9th. Invitations Thureda Will be have gone going on Y and I wj.11 be vacation and back June 3rd.to a confers 5' Finance ace starting Director No report • KENAI CITY COUNCIL MAY 17, 1989 PAGE 11 I. ADMINISTRATION REPORTS 1. Mayor a. Tomorrow is the City of Kenai's 29th anniversary. b. Mayor Williams submitted two names to the Planning & Zoning Commission. There is one vacancy created by the resignation of Dan Roberts. The Mayor has recommended Kevin Walker. MOTION: Councilman Smalley moved to approve Kevin Walker to the Planning & Zoning Commission, seconded by Councilwoman Swarner VOTE: Motion passed by unanimous consent 2. City Manager a. Envelopes were distributed for future consideration. One deals with personnel, the other deals with the seriousness we might ought to be looking at a personnel person. We will be talking about these things at the work session. b. Councilwoman Monfor asked if the house had been located on Iowa, answer no. 3. Attorney a. City Attorney Rogers: The materials that were handed out cover my report with the exception of the update of the actual amount on bankruptcies. b. Regarding Kenai Korners, SBA still has not been able to close the property and it will take longer than first anticipated. We hope to get that area razed with no expense to the City. 4. City Clerk a. Information regarding voting has been submitted in the packet. The APOC will be down doing audits of the municipalities in the Borough on June 9th. b. Volunteers reception will be June 9th. Invitations have gone out. ° c. I will be going on vacation and to a conference starting Thursday and I will be back June 3rd. 5. Finance Director No report V .' I KENAI CITY COUNCIL MAY 171 1989 PAGE 12 6, Public Works Director PW Director Kornelis: In speaking.of the house on Iowa Street, the Building Inspector has looked it.over and states that it is properly boarded up.. tie,also is'looking at some vehicles in the area and is trying to get rid of those. Councilwoman Monfor: Another area to look into is a small shack near the old Georgios place. It must be,hooked.up to water. PW Director Kornelis: We don't usually handle the septic systems, DEC does. Perhaps we could contact them. Councilwoman Monfor: At least someone should look at it. On item Info 11 is a copy of Change Order 05 and on the back is Change Order #6. 7. Airport Manager City Manager Brighton reported that the manager is attending a national airport conference in Nashville. J. DISCUSSION 1. Citizens None 2. Council Councilwoman Swarner: At the last meeting we had an itinerant merchant item come up for discussion and the Clerk stated that she didn't have enforcement powers. After that there were some itinerant merchants in the Kenai Mall selling baseball cards and they probably didn't come and get a license either. What can we do to get our ordinances enforced, to make the policemen work on Saturdays. Is it worth our while to make the code enforceable. They weren't collecting sales tax so they weren't lining their pockets and not paying tax, which is the positive side of that. I'd like to see a written report made. Is the carnival itinerant merchants? Answer yes. Police Chief Ross: The carnival probably would not come under the itinerant merchants ordinance based on the time period of associations that have occurred with the mall merchants. The itinerant merchants ordinance has some broad enforcement capabilities but you would not want to get it into any type of restraining trade problem, i.e. anyone who is making delivery at time of sale. We will be able to take the call, check it out,and make sure that they are properly licensed. As far as trying to tighten up that ordinance as a means of keeping other businesses out of the community .... 1. V FJ KENAI CITY COUNCIL MAY 17, 1989 PAGE 13 Councilwoman Swarner: I'm not saying we should keep them,out, I'm saying that they should ... Police Chief Ross: In effect, with the provisions of that ordinance of bonding, fingerprinting.and so forth, you are in a restraint of trade position. The ordinance is one that consumer protection designed as a means of getting a quick handle on fly-by-nighters with promised future delivery based on taking your money now, and we've used it very effectively against house sighters, roofers, asphalt fixers, etc. To attempt to apply it to base ball card sales, encyclopedias, we're going to end up losing. Councilwoman Swarner: Is it more of a Borough problem then. Police Chief Ross: That's for someone else to speak to. We have no problem checking them out for the Borough license and sales tax, but that's something that anybody can do. b. Councilwoman Monfor: I'd like to say goodbye to Machelle Martin, wish her good luck and thank her for being here for all our meetings. c. Councilman Smalley: Some of us have probably getting phone calls about the float plane basin with regard to access to it during winter months for ski landing. I think that is something that will be coming up. Also, I know the CAP is interested in possibly getting a lot donated to them for a float aircraft. I suggested they talk to Randy and talk with him. d. Councilman Smalley: I would also like to say goodbye to Machelle and send a message to your editor in charge, I felt that the editorial in the paper concerning the Dairy Queen lease was indeed that, a comment and not necessarily the whole truth. I would like to have seen him print a whole article instead of one side. K. ADJOURNMENT There being no further business the meeting was adjourned at 8:15 P.M. , CMC ty Clerk ip et A.Lopeuty City Clerk nscribing Secretary