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HomeMy WebLinkAbout1989-08-16 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 16, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Board of Adjustment - Rhyner - Denial of Variance - Sungate Park S/D 4. Agenda Approval 5. 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) C. PUBLIC HEARINGS 1. Ordinance 1331-89 - a) Increase Rev/Appnis - Council on Aging, Title III - $1,073; b) Decrease Rev/Appns - Sr. Employment Fund - $4,846; c) Decrease Rev/Appns - Borough Sr. Citizen Fund - $18,003i d) Increase Rev/Appns - Sr. Day Care - $4,788 2. Ordinance 1332-89 - Increase Rev/Appns - Abatement of Dangerous Buildings - $25,000 3. ordinance 1333-89 - Amend Zoning Map - Govt. Lot 44, Section 34 - Maguire 4. Resolution 89-59 - Transfer of Funds - Susieana Lane Paving - $20820 D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission S. Misc. Commissions/Committees 2. MINUTES 1. *Regular Meeting, August 2, 1989 . 6 E, F. Gi H. I. J. KO CORRESPONDENCE 1. *Sen. Stevens - Attend "Oiled Mayors" Meeting 2. *F. Fuhr - Letter of Thanks 3. Anch. Assemblyman Dyson - oil Spill Response Policy OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1334-89 - Increase Rev/Appns - State Grants, Library - $17*000 4. Ordinance 1335-89 - Increase Rev/Appns - Rent and Moving Expenses - Kenai Recorders Office - $130500 a. Public Hearing - Ord. 1335-89 b. Ratification of Proposal 5. Ordinance 1336-89 - Increase Rev/Appns - Transfer Sand from Landfill - $50,000 a. Public Hearing - Ord. 1336-89 b. Discussion - Transfer of Sand Stockpile at Kenai Landfill 6. *Ordinance 1337-89 - Increase Rev/Appns - Payment of Adjustment and Legal Fees from Lawsuit - $61,604 7. Discussion - Conflict of Interest Statement - Amendment ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager DISCUSSION 1. Citizens 2. Council ADJOURNMENT :■ KENA= C=TY COUNC2L -- REOU14A.R MEE�'�NC3 JkUO TST 16, M 9$9 -- 7 : 00 Q . M . City Hall Council Chambers John J. Williams, Mayor Presiding A . CALI,, TO ORORR 1. Pledge of Allegiance 2. Roll Call Present: Measles, Monfort O'Reilly, Swarner Absent: McComsey, Smalley, Williams (excused) 3. Board of Adjustment - Rhyner -• Denial of Variance - Sungate Park SID Vice Mayor Measles - the Council will stand at ease to sit as a Board of Adjustment. Vice Mayor Measles called for public comments. City Clerk Ruotsala swore in Mr. Tom Rhyner. Mr. Rhyner: I'm not sure what information you have, just from the Planning •,r & Zoning meetings? There were actually three meetings I went to. The first one was just to introduce myself and what I was doing and the second one was, oh was considered an advisory vote before I paid my $100 fee. There were six members of the Planning & Zoning Commission and at that time four of them voted that they really didn't have any major problems or anything with me building a garage, and two of them without stating any reasons just voted no. Then at the third meeting when they had public hearings and so forth there were four members there and three voted against it and one voted for it. I had talked to Janet Loper and she expressed to me that Howard Hackney had a problem because our house was in violation of the building setback ordinance because when it was built at the time our den was a garage and it was built to the codes. And before. we bought the house it had been changed to a denand at that point it came in violation of the City codes because of the difference in setbacks for a garage and for part of a living quarters. Since that time I spent the $100 to have the public hearings and so forth. and the Planning & Zoning approved the permit for the existing condition on our house which, to my understanding was the main, problem that the administration, the building administration had. That was taken care of three weeks ago at the Planning & Zoning meeting. When the vote was taken, later my wife talked to one of the commissioners and he said that one of the people voted against us, being allowed to build in the setback was that they thought there would be a problem with visibility, but they hadn't been out to look at the house or anything. We live adjacent .to the Spur Highway. From the centerline to the edge of the paved road is approximately 20' then there's another 80' which is a real steep road ditch, then a line of trees that's probably 25' wide, then kind of a meadow area where the utilities are buried. Mr. Rhyner handed out photos of the property. KENAI CITY COUNCIL August 16, 1989 Page 2 One of the reasons I stated that we would like to put a garage there is because we've been in the house about seven years now and I think you all know that traffic on the Spur Highway has increased and just noise from trucks and so forth would serve as a buffer for the house to be able to put a garage there. Also we feel we need a garage. This last winter got pretty long with cars that wouldn't start. It would be cost prohibitive for us to put the garage anywhere else since that's the way the house was built, to put the garage on that end. Vice Mayor Measles asked for questions from Council. Councilwoman O'Reilly: Mr. Rhyner you say it's the cost that would prevent you from switching the garage to the other end. Mr. Rhyner: Well, that and it would be next to our bedrooms which is a strange place. Right now, if we put a garage where I'd like to it would put it off ... there's a small storage area behind the den that has a door leading outside and it's set up real well to put a garage there. I tried to take care of any problems with the existing structure, which at the time I bought it I had no idea. If I hadn't applied for the variance, the house would still be in violation, I had no way of knowing until I got into it what a mess it actually was. Apparently they hadn't applied for a building permit to change the garage to a den, I don't know if that's required or not, but that's apparently what happened. Councilwoman Monfor: We would have to hear from the City Attorney but after having read everything it would seem that if the Rhyner Is bought the house and the garage was already converted into a den then they bought 'the house as it was. The original owners who did the conversion were at fault for not coming in and getting the permit. And I go by that every day and I certainly can't see him building the garage. I personally think this has really dragged on a long time. I have been following it in the minutes and have not been able to see a really valid reason why he can't have the garage. He seems to have done all the steps correctly. Is there something the attorney knows that I don't. City Attorney Rogers: For the record I'd like to make the two photographs exhibits A and B with your permission. Mr. Rhyner: There's no problem. Vice Mayor Measles: After the testimony is closed on this hearing, the Council then has 30 days to make a decision. The decision can be made at any time during that 30 days. The Council will consider it and a decision will be forwarded to you through the Legal Department. Mr. Rhyner: I would just mention that I think it would be an asset to the City to have a garage, esp. since my car won't start during the winter, it doesn't look too good to have a car with the hood popped up sitting in the driveway whereas if it's in the garage no one sees it. Councilwoman Monfor: One question, on the picture where your van is and then its a gully. Is that a state ROW or do you own that. Mr. Rhyner: The state ROW starts from the side of my van. I need the variance to be • Kenai City Council August 16, 1989 Insert, Top of page 3 Councilwoman Monfort One question, on the picture where your van is then its a gully. Is that a state ROW of do you own that. Mr. and The state ROW starts from the side of my van. I need thhyper. e variance to be KENAI CITY COUNCIL August 16, 1989 Page 3 dryable to build there because I would be up to my lot line but my lot, line ends where the van is. I couldn't build any farther than that. Councilwoman Monfor: You're not going to affect ... no body else is going to build there. Mr. Rhyner: No, its all state ROW. Vice.Mayor Measles closed the Board of Adjustment and reconvened as City Council. 4. Agenda Approval Vice Mayor Measles asked to add C-5.(Resolution 89-61), C-6 (Resolution 89-60), and C-7 (an engineering inspection award). Council approved the additions. 5. Consent Agenda Vice Mayor Measles called for changes to the Consent Agenda. Councilwoman Swarner asked about the Council meeting minutes for August 20 1989, page 2 item B-1. There's a Mr. Parkinson talked and they went on to say Mrs. Parkinson. Should that be Mrs. throughout the statement. Clerk Ruotsala answered that Mr. Parkinson spoke to Mr. Kornelis but Mrs. Parkinson wrote the letter is that correct? PW Director Kornelis: Mrs. Parkinson spoke to me. Vice Mayor Measles asked that the corrections be made and leave the item on the Consent Agenda. Council approved the Consent Agenda. 8 . SCHEDU=,ED PUSI. XC COMMENT None C . PUSL = C HEAR= NGS 1. Ordinance 1331-89: (a Increase Rev/Appns - Council on Aging, title III - M 073; b) Decrease Rev/Appns - Sr. Employment Fund - $4,846; c) Decrease Rev/Appns Borough Sr. Citizen Fund - $18,003; d) Increase Rev/Appns - Sr. Day Care - $4,788 I.I.- MOTION: Councilwoman Monfor moved for adoption of Ordinance 1331-89, seconded by Councilwoman O'Reilly Vice Mayor Measles called for comments from the public, there were none. VOTE: Motion passed unanimously by roll call vote • KENAI CITY COUNCIL August 16, 1989 Page 4 2. Ordinance 1332-89: Increase Rev/Appns - Abatement of Dangerous Buildings - $25,000 MOTION: Councilwoman O'Reilly moved for adoption of Ordinance 1332-89, seconded by Councilwoman Swarner. VOTE: Vice Mayor Measles called for comments from the public, there were none. Motion passed unanimously by roll call vote 3. Ordinance 1333-89: Amend Zoning Map - Govt Lot 4 . Sec. 34 - Maguire MOTION: Councilwoman Monfor moved for adoption of Ordinance 1333-89, seconded by Councilwoman O'Reilly Vice Mayor Measles called for comments from the public. Samuel Maguire: We made the request to have the change there. We live at 1308 Kaknu in Kenai. We have a business here in Kenai that we would like to locate on this lot. The Zoning and Planning Commission,, quite thoroughly went through it and I appreciate the time that they spent, about a good hour, but my end consideration was that there were some people on there that, well two didn't give a reason why they voted against it, two of them were against it because they were against strip zoning.. And seeings as it is the Spur Highway there, 55 mph speed limit, I don't feel that that is the best situation there to have that a residential lot and expect people to raise children that close to the highway. It doesn't give you a buffer zone to the highway, and the next thing we know even with the school there at the present time its still 55 mph but its going to have to come down there if somebody starts building there residentially. I think, I feel that if Kenai is going to grow its going to have to grow along the highway and not be in malls off the highway, in my opinion. The only thing we want to put there is a single business._ I don't want to encumber it with a bunch of restrictions, but I do not plan to use a gross portion of it. Currently there were four complaints against the zoning of it that the commission looked at. Mr. Doyle was one of them, but we have talked since and we've come up with a little different plan. The Zoning Commission didn't feel they had the right to do anything accept recommend that you approve or disapprove the whole plat going to a general commercial condition. We've come up presently with a little different idea and Mr. Doyle will speak on that. We're on total agreement on how we'll work it out and we'd like to present it to you. I would still like to be able to put my business over there. We do have commercial property across Swires, across the street from me is a church, and as you go then towards Soldotna its commercial businesses. We are not jumping in the middle of a residential area, we are on the border and I feel that within the next KENAI CITY COUNCIL August 16, 1989 Page 5 10 to 15 years, and we're not planning on leaving here, that all of this area is going to have to go commercial if we're going to grow. I'd appreciate it if you'd look at it from the fact that we're not doing it for tomorrow or next year, we're doing this for the next 20 years. I don't see how we're going to get by without strip zoning unless we really want to get confused. I don't feel that any of the Kenai Spur Highway should be a place where you raise kids. The next thing you know we'll have 10 or 15 miles through here that's 25 mph speed limit because we have to have that to have safety. City Manager Brighton: You talked in terms of altering your original request. Are you making ref,4rence to those that came in to City Hall today? Answer yes. City Manager Brighton: I want you to be aware that the Council is not aware of that change. Those things to be in this packet should have been in here on Friday. And at the same time, neither has the Planning & Zoning seen that alteration. Mr. Maguire: If nothing else, I think I'd ask that it be sent back to Zoning to reconsider ours and the altered form. City Manager Brighton: I think that is appropriate action at this point on this particular situation. Let Planning & Zoning take a look at your alterations and changes and see if that might not meet their criteria. Mr. Maguire: One of the complaints was that by us going in there we were going to increase traffic in the area. This is not true because our access is directly off the Spur Highway. We're going to help the area in taking a couple old buildings that have been there down. Councilwoman O'Reilly: I think it's a good idea, I'd like to hear the new proposal. Mr. Maguire: I think Mr. Doyle is willing to present it tonight. Vice Mayor Measles: I think it would be more appropriate to present it to Planning & Zoning first and come back the normal route. Mr. Maguire: Then we'll hear back in 30 days? City Manager Brighton: Janet Loper has all the information. MOTION: Councilwoman Monfor moved that Council table this ordinance until we have a recommendation from Planning & Zoning and it returns to us again, seconded by Councilwoman Swarner. VOTE: Motion passed by unanimous consent 4. Resolution 89-59: Transfer of Funds - Susieana Lane Pavina - $2,820 MOTION: Councilwoman Monfor moved for approval of Resolution 89-59, seconded by Councilwoman Swarner KENAI CITY COUNCIL August 16, 1989 Page 6 Vice Mayor Measles called for comments fr om the public, there were non Councilwoman e. Monfor asked if this fixed Manager Brighton, no. Councilwoman Swan the curbing, fixed. PW Director Kornelie. ner: 9, answer from City 90 the curbing still isn't contractor doingAs a matter of fact we' So when is the curbing d its going to save us re having a different Downs was oin g going to be done. $900. Councilwoman Swarner: 9 9 to do it, but it rained. NowW DireCtor Kornelis: will do it the same time. Councilwoman Sw got a Dennis He did $ Well the Job job but he good ob. arner: VOTE: paving is nice. Motion passed by unanimous consent S. Resolution 89, Overly _ 61: Transfer of Funds - Airport Runwa840 MOTION: y/Taxiway "C11 Councilwoman Monfor moved for approval Councilwoman O'Reilly Of Resolution 89-61, seconds Vice d by Mayor Measles called for public VOTE: Comments, there were none. Motion passed by unanimous consent 6• Resolution 89-60: R� A TaxiwB #let# to Awarding Contract for Construction of alit As halt Pavin Airport MOTION: for 986 642.80 Councilwoman Monfor moved for approval Councilwoman O'Reilly of Resolution 89_ 60, seconded by Vice Mayor Measles called for comments from Councilwoman O'Rei11 the Public, there were none. bids. The general economic climate? ?far under the PW Director Kornelis: rts est Portion of it, but also the cost of asphalt imate the VOTE: i s not so drastic at i s a good as it was. Motion passed by unanimous consent y• Discussion; Testin Proposal for Inspection, survey, for Kenai Munici al Al ort for Ai ort Y, and�Qu;�ljMOTION: Runwa Control Tro ect Councilwoman Monfor control testing moved that we have inspection runway and g for Kenai Municipal Ai . survey, and Y taxiway C work done b Airport Phase II 1989 quality proposal, seconded by Councilwoman gwr�er °rthell Improvements . & Bryson, as per their • 16 KENAI CITY COUNCIL August 16, 1989 Page 7 Vice Mayor Measles called for comments from the public, there were none. Councilwoman Swarner: Do we have to put the figures in because the figures that were proposed are different than Charlie's figures?, PW Director Kornelis: We'd recommend that you use Charlie's figures. I'm sure Wince, Corthell would too. MOTION AMENDMENT: Councilwoman Monfor moved that we use Mr. Brown's figures in this proposal; $133,843, seconded by Councilwoman Swarner VOTE AMENDMENT: Motion passed by unanimous consent VOTE MAIN MOTION: Motion amendment passed by unanimous consent D. COMM 2 S S Z ON/ COMM 2 Z'TE E RE PORT S 1. Council on Aging Councilwoman Swarner reported that there was a meeting on August 9th and the minutes were handed out this evening. Senior Director Porter reported that next Wednesday night the Council is invited to dinner at the'Senior Center. Councilwoman Swarner asked for discussion regarding renting the Senior Center later in the meeting. 2. Airport Commission Councilwoman O'Reilly reported that there was no meeting. 3. Economic Development Commission Mayor Williams was not in attendance, however, there was a meeting last week. 4. Harbor Commission Councilwoman Monfor asked PW Director Kornelis if the dock made any money this summer. PW Director Kornelis reported that the final figures were not in as yet. Leases were on a fixed rate regardless of .the amount of fish brought across, to a certain point, then a charge on any fish after that amount. It is anticipated that we made 'jis much this year as last year, however the fuel consumption and staging was down so this would be where any loss would be. There was no meeting of the Harbor Commission this month. r I KENAI CITY COUNCIL August 16, 1989 Page 8 5. Library Commission r uw�..�� Councilwoman Monfor reported that o a barbecue at Dennis Simmons' home report on the Spur Highway. S. Recreation Commission i August 8th there was a meeting and with the Mayor attending and gave a Director McGillivray reported that the Commission had not met this summer, however the first meeting will be in September on the normal day. The summer recreation program was completed. There were 206 enrolled through the summer with an average of 48 every morning with a few less in the afternoons. They went on tours around town including the fire department, visited playgrounds, and games indoors. I received comments from parents who were very happy with it. The people working that program did a good job. We're in the process of losing our summer help. A number of the crew have terminated because of heading back to school leaving us with about 5, with 3 more within the next week. Hopefully, things will stop growing quite a fast as they have this summer and we can keep even with it. There were a number of comments, especially from tourists on how the town looks. As I told the crews, they have something to be proud of. Councilwoman O'Reilly commented that one of her house guests who was visiting after having been gone for about 10 years, the thing that she was really astounded at was how green everything was. She had remembered everything as being so barren and dusty. LA. City Manager Brighton asked Director McGillivray if he had been following the excavation in the vicinity of the Municipal Park. Director McGillivray answered that he had not. He was aware that they were working earlier this summer, however, not recently. We've started work on the field area near the Junior High. We are nearly completed with what we were going to do. Because we had to bury materials and fill so many areas, we felt we had to leave it through the winter to allow it to settle so we will be able to check it in the spring for low areas and complete the filling prior to planting. We had a lot of fun with using dozers for the excavation. 7._ Planning & Zoning, Commission Councilman Smalley not in attendance, however, the minutes were available. 8. Miscellaneous Committees/Commissions Councilwoman Monfor reported that the Bicentennial Visitors and Convention Bureau has resumed their meetings and will be gearing up to go after their • KENAI CITY COUNCIL August 16, 1989 Page 9 ' celebration be for the building, in September. Thegrant g, will include a survey n. the has been a to ensure a number of applied for Positive so that will be nobs will happen. The response has s be you have to approve this concept before The The biggest hurdle is been very this if this is what we grant can move on so weh ®d to board has want to do. support Councilwoman Swarner re went on a walkin Ported that the Beautification Committee met Improve theDarks g tour of parks in our neighbor cityand even from Anch ra ears and I also heard a lot of aommen ° see how we can 9 that said our city is so beautiful.ts from visitors, E - M2NUTE S 1. Regular Meeting, August 2, 1989 Minutes were approved under Consent Agenda F • OORRESt,pONDENGE Vice Mayor Measles asked Council if there item #3. Councilwoman O'Reilly: was a desire to t letter, T don't think an y' I agree with the sentiment of Mraction cpiQ non August 19th, y action is required. There will be a y s meeting on G - OLD 8ua mmm S MOTION: Councilwoman O'Reill seconded by Councilwoman gwarnert we approve the payments over , $1,000, VOTE. Motion passed by unanimous consent 2• Re isitione Exceedin 1 000 NOTION: Councilwoman Swarner moved to the RDC membership fee and table the Requisitions over Monfor !inaudible $1.000 but delete ), seconded by Councilwoman Councilwoman O'Reilly: It s we're 10 months late with our c understanding wasn't due until November, heck• Mayor from the Clerk's memo that November 1989 we haven't Councilwoman p pei Measles' I thought it It last en't Paid. Councilwoman illy: November 1988 to Year. Clerk Ruotsala: They bill us on fiscal Why it we pa Swarner: So they b311 us e Y We didn't delete b l months after its due. y®ar. Councilwoman (inaudible). Councilwoman warner woman O'Reilly: No. KENAI CITY COUNCIL August 16, 1989 Page 10 VOTE: Vice Mayor Measles: At budget time this was discussed and we were under the impression that it was not to be paid or we were paid up until November, we left it in the budget so it would be there if Council decided to use it, if not we would just let it fade. I'm not sure I understand where we're at with this. If they bill us according to our fiscal year which just started the first of July, how are we 10 months behind. It was paid for last fiscal year. City Manager Brighton: It would pay us up to at least July of this year. Vice Mayor Measles asked Finance Director Brown to explain. Every time this comes up we get more confused. Finance Director Brown: The only information I have is the Clerk's memo. They're saying now that its from November ;988 to November 1989. But if you look at the bill it says annual membership fee July 1989. Now as far as I'm concerned, its like any other membership or subscription. If you fail to pay your dues they can't come back 8 months later and say we've been sending you letters without you paying your subscription so therefore you have to pay us. As far as I know we don't have to write them a letter and say we want to withdraw from the organization, we can just fail to pay the bill which we have. Councilwoman O'Reilly asked when we last sent them a check. Finance Director Brown: I think we last paid them a check in July 1988. I could check, but I believe that's when we did. Remember there's no indication any where on this bill of their November to November billing period, we didn't know that. Vice Mayor Measles: They certainly wouldn't bill us for a membership for a past year. If we paid it in July 1988 we should have been paying for November 1988 to November 1989, I think that was the impression at budget time. Finance Director: I think everybody in administration believed that this bill was for July 1989 through June 1990. We believed that, so now by telephone they're telling us differently. That's their billing problem not ours. Councilwoman O'Reilly: I think it might be appropriate for us to have you write then a letter for an explanation. And I would agree with the deletion. Motion passed by unanimous consent. 3. Ordinance 1334-89: Increase Rev/Appns - State Grants, Library 17,000 Consent Agenda Item 4. Ordinance 1335-89: Increase Rev/Appns - Rent & Moving Expenses for Kenai Recorders Office - 113,500 MOTION: Councilwoman O'Reilly moved for introduction of Ordinance 1335-89, seconded by Councilwoman Swarner. KENAI CITY COUNCIL is August 16, 1989 Page 11 VOTE: Motion passed by unanimous consent. Vice Mayor Measles: Second reading has been re date. quested a. Public Hearing for passage this MOTION: Councilwoman Monfor moved for second reading Councilwoman Swarner 9 of 1335-89, seconded by VOTE Motion passed by unanimous consent MOTION: Councilwoman O'Reill by Councilwoman 9warner Quad for approval of Ordinance 1335-89, seconds • d Vice Mayor Measles called for public comments ;-. there were none. Councilwoman Monfor asked if there had been an Councilwoman Monfor asked if Y comments there has been any discussion regardinger no. of the space that is to be vacated. City Mana er hear from a legislator, this is going to be a nag Brighton: From what I use happens to this recorders office. minutes es decision n what is going to be What you're doing is information that comparisons, provided to them and which the I only know what I read in the newspapers look at and make this is a better deal for them. appears that Councilwoman O'Reilly: When is the deadline t information. City When Brighton: We don't that the by any certain date. Y have to have They can put it off for anyhave to get information Mayor Measles: There isn't a whole lot length of time. with the principal, you can say about it. Vice I disagree VOTE: Motion passed unanimously by roll call vote b. Ratification of Pro poBi Finance Director Brown: letter I wrote. "This The problem lies in the last has City Council and is subject osolCouncil beenapproval approved b paragraph of the get the whole Council to ratify it. Y a Committee of the pp oval" so that is the way you think until you do. Its not a true and valid offer, 1 KENAI CITY COUNCIL August 16, 1989 Page 12 MOTION: Councilwoman Monfor moved to approve H-4,b which is the offer to the State Recorder from the City Council regarding the Recorders Office which includes the City paying the rent at $9,000 and moving them at $4500, the cost not to exceed $13,500, seconded by Councilwoman Swarner VOTE: Motion passed by unanimous consent S. Ordinance 1336-89: Increase Rev/Appns - Transfer Sand from Landfill - $50,000 r MOTION: Councilwoman Monfor moved to introduce Ordinance 1336-89, seconded by Councilwoman Swarner City Manager Brighton: The Borough is still in a tremendous state of flux in connection with their landfills. Rather than, at this point in time appropriate this $50,000 it would seem more frugal to us to prepare to haul the sand we need this winter from that site with our own trucks and our own labor. While some stability is added to the situation .. I'll be the is first to admit we have a contract that says we have to have our sand out of there by a specific date, but there is not going to be a problem with amending that contract. One of the reasons I'm talking about that $50,000 is, here we are six weeks into a brand new budget year and with that $50,000 would have appropriated $88,000 outside of our fiscal budget. That in six weeks. I'm not sure any of these are emergencies, but if that were to be pursued, we could have a lot of budget problems by the end of the year. I'm asking that you give us a few days to work on this sand situation, we may not have to appropriate that money. Councilwoman Monfor: While we're talking about this, I would hope then that the administration is going to pursue the fact that when they do close this dump site down there's not going to be transfer station for the residents of the City of Kenai. City Manager Brighton: At the prevent time, there is no intent to have a transfer site any closer than 15 miles to the Soldotna landfill. Which precludes the transfer site at the present dump site. Councilwoman Monfor: I think it's real important that the City of Kenai residents know this because they pay Borough taxes against this. Its one of the few things they get for their taxes and note they will have nothing. It's crazy to have the City of Kenai not have that benefit. I mean, two transfer sites located out there, that's crazy. City Manager Brighton: They have one transfer site out on the North Road in the vicinity of the feed store and they're closing it down and going out further with the transfer site. Councilwoman Monfor: Anyone I talk to I'm urging them to start calling the Borough Mayor or their assembly person. City Manager Brighton: The Borough got a 30% increase in the cost of transferring the waste to the dump and that's what irritated them and they decided to close them. f KENAI CITY COUNCIL August 16, 1989 Page 13 VOTE: PW Director Kornelis: When we signed an agreement with them for the sand they made us put in a sentence that says we give approval for continual use of that site as a transfer site. City Manager Brighton: Yes they had planned on using it. Motion failed unanimously by roll call vote 6. Ordinance 1337-89: Increase Rev/Appns - Payment of Adjustment and Legal Fees from Lawsuit - $6,604 Consent agenda item 7. Discussion: Conflict of Interest Statement - Amendment Clerk Ruotsala: We do have a requirement for Conflict of Interest based on the State form, however, the City code is a little more restrictive and what I'm trying to do is amend ours by adding a page - part 10 and 11 which requires two additions the City code has that the State code does not have. It doesn't even have to go into the code because the Conflict of Interest statement itself is not part of the code. MOTION: Is Councilwoman Monfor moved to have the Clerk add part 10 and part 11 to the Conflict of Interest to conform to the City code, seconded by Councilwoman O'Reilly VOTE: Vice Mayor Measles asked if we are making the State requirements conform to the City requirements, or the City conform to the State. Clerk Ruotsala: The City requirements Ao conform to the State. Ours are more restrictive. Vice Mayor Measles: This is not worded right is it? Adding part 10 and 11 to the State Conflict of Interest to conform to City code. Clerk Ruotsala: What I meant was we're going to make our code - Conflict of Interest form conform to what the City code requires. The City code requires more than the State code. We're using the State Conflict of Interest forms. So in order to make the Conflict of Interest form for the City conform to what the code requires, I'm going to have to add part 10 and 11. Motion passed by unanimous consent S. ADM X N Y S TRAT = VE REPORTS 1. Mayor a. Vice Mayor Measles remarked on the memo from the Mayor regarding the legislative work session that had been scheduled for September 5, 1989, it appears that Senator Fischer and Representative Swackhammer cannot attend on that date and he suggested a later date around October 12 or 13. Council expressed a desire to wait. . I . • It KENAI CITY COUNCIL August 16, 1989 Page 14 b. Some time ago, Council scheduled a work session on August 24th regarding the EMT program. Vice Mayor Measles asked if there was a push to get it done. City Manager Brighton: There is a push from some who are supportive, however, I'm on the other side of the coin. It was suggested to hold this item until after the election. Council agreed. Councilwoman O'Reilly: Are we going to have another work session on a different proposal or are we going to have a similar proposal. City Manager Brighton: Basically, that's what you're going to be discussing, what you discussed last time. At•astes c. Vice Mayor Meas0AW reminded the Council of the barbecue at the Senior Center on August 23rd. 2 City Manager_ There is an evaluation seminar on September 1st from 8:30 A.M. and Council is invited to attend, however, we should know by Friday in order to schedule. 3. Attorney a. HEA has filed an appeal with the Supreme Court so we will be briefing that issue. b. I brought back papers from seminars from ABA convention on such topics as garbage disposal, environmental hazards for real property owners, toxic waste and toxic torts, condemnation, allowable discharge, personnel law matters, Hong Kong in 1997, Hawaii as a space port for the future, law office manager, and computer workshops. c. Councilwoman Swarner asked for the status of the condemnation of the Harbor View. I notice that the Kenai Korners has (inaudible) window on the back. City Attorney Rogers: The status of Kenai Korners is SBA 's problem. As far as the Harbor View you are appropriating money which would allow us to proceed. Councilwoman Swarner: But we haven't heard anything from IRS? Answer no. Traa.ir Councilwoman Monfor: On the Took building, I notice that the only thing left is the steel building. Does that mean that somebody special has to come and take that down, or what. City Attorney Rogers: I'm going - to start again. She took off, he was in Kodiak, she took off after hiring people to do it, I went over and inspected it, I made it plain I thought, the structural aspect had to come down too. There was some concern that the structural aspect came down that you'd never go up again. I - can't really concern myself with that, structural steel is'there. As far as I can see, its not usable in any subsequent structure and I think probably the delay that's been encountered is a result of the requirement of the expenditure of additional money to bring it down. So I am going to proceed again to write a letter similar to the one we wrote saying please come down KENAI CITY COUNCIL August 16, 1989 Page 15 and finish the job or we will have to proceed with that complaint I sent him before that I was going to file in court. City Attorney Rogers: To back up very briefly, with the HEA appeal., from past experience since 1902 it would appear we're in for another year .before the next round is through. I will again ask Ithe Supreme, Court, this time to .please decide the issue on the merits, resolve the issue, don't make us come back again. But I've asked that before and not been able to get them to make a comprehensive decision. 4. City Clerk City Clerk Ruotsala: The Council and Mayoral filing period is complete and you have in your packet the list of candidates. S. Finance Director No report 6. Public Works PW Director Kornelis: The Fathom/Toyon project, also the Lawton/ Candlelight project are going to be bid on September 6th.. I apologize is for it being the day of the Council meeting but we had to give enough time for the bidders to work on their bids. The Airport Float Plane basin additional slips are going to be bid that same day. As part of that project we had the hauling of the sand from the landfill so I will be doing an addendum and we will drop that portion of the contract instead of putting that on hold. We have kept track of the amount of time we spent on the ballfields, we had our whole street crew working quite a few. hours there .and not. only renting dozers but we've had dump trucks, loaders, graders, and more. So we have put in quite a bit more than our share. 7. Airport Manager No report a. OTSSCUSSS=AN 1. Citizens None 2. Council a. Councilwoman Swarner: It was nice to.see the for sale sign up on the Dairy Queen. Have there been,any calls, answer no. • 0 KENAI CITY COUNCIL August 16, 1989 Page 16 b. Councilwoman Swarner: Have we every gotten a written report from our lobbyist after the end of the session? City Manager Brighton: An April report as I recall was the last report we had. Councilwoman Swarner: I'd like to see an end of the year report. C. Councilwoman Swarner: I would like to bring up the rental of the Senior Center because I got something in the mail from a store in Anchorage, from Nordstroms who wanted to come to rent our Senior Center and they were told no. Well, they're going to the Central Peninsula Sports Center now. I was looking through the minutes of May 3rd, which is when we discussed this and I may interpret these minutes wrong, but from these I understand that it was for non-commercial uses, the lease the attorney was writing at that time. From what I'm reading is that there was going to be another lease coming up for commercial use or we would talk about it later. Is that right? City Attorney Rogers: No, I was not directed to draft a lease for commercial use. Councilwoman Swarner: Okay, then I think we need to talk about commercial use because obviously there is commercial interest in the Senior Center or City buildings and they're not going to the private businesses here in town. City Attorney Rogers: Fine, if that's the consensus of the Council. d. Councilwoman Monfor: How many tie downs for the float plane basin have been leased? Answer, 7. Councilwoman Monfor: It is really gorgeous out there. Those poppies are very pretty. On a flight to Anchorage I was listening to two gentlemen in front of me talk about the airport renovation, about how it was going on and on, and the City was expending the money because they knew they couldn't put anything in it anyway, that nobody was coming forward for a lease, the restaurant or the bar either, they felt the airport was boring, couldn't even get a decent cup of coffee there ... and perhaps we want to do a little something soon with the newspaper explaining the expected date of completion. It seems to me there is a lot of misinformation going around. e. Councilwoman Monfor: The smell in the terminal is really strong. Is that going to last for very long? Answer no, they are nearly done with painting. f. Kenai looked so good from the air. So much of it is green and all mowed. It looked like a picture. g. Councilwoman O'Reilly: On these pull tab notifications, who sends these out. They don't even have a letterhead. Clerk Ruotsala: They are using the form letters for the cover and then the business license is on the back. Councilwoman O'Reilly: Does that mean it comes from the State? Answer no, the organization sends them. h. Councilwoman Monfor asked about a schedule for the appeal. City Attorney Rogers: I will be contacting the individual Council members to get your opinion then I will draft the appropriate document. KENAI CITY COUNCIL August 16, 1989 Page 17 K . AD�7'QiJRNMEN'I' There being no further business,.the meeting was adjourned at 8:27 P.M. I Janet A. Loper Transcribing Secretary (taken from tapes) &t& BY COUPucn