HomeMy WebLinkAbout1989-12-06 Council MinutesIs
.
aAOENDA
XRWA►X CX WW C0UNC=L, REGULAR MEET XNG
1959
A. CAXj3C. 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.
a. SCHEDULED PUSL=C COMMENT (10 Minutes)
C . PUSL S C HEAR= NGS
1. Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/D -
from Suburban Residential (RS) to General,Commercial (CG)
2. ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation
Zone" (R)
3. Ordinance 1344-89: Increase Estimated Rev/Appns by $180,O00 for
Purchase of Land for Boat Launch
4. Resolution 89-79: Authorize City Manager Execute Mortgage &
Agreement for Kenai Bicentennial Visitors & Convention Bureau for
Construction of Kenai Bicentennial Visitors & Cultural Center
0. COMM 2 S S = ON/ COMM S TTEE RE PORTS
1. Council on Aging
2. Airport Commission
3. Economic Development Commission
4. Harbor Commission
S. Library Commission
6. Parks & Recreation Commission
7. Planning & Zoning Commission
8. Misc. Commissions/Committees
E . MXNUrrZS
1. *Regular Meeting, November 21, 1989
Minutes not available at packet time
1
F' . CORRESZ�ONDEL�TCrE
1. *Letter From Senator Ted Stevens
2. *Letter from Kenai Peninsula Central Labor Council
w OajD aus:mESS
NEW SUSZNESa
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. *Ordinance 1347-89: Amend KMC Title 23, "Personnel Regulations"
4. *Ordinance 1345-89: Amend KNC 8.05.016 to Adopt Latest Editions of
National Fire Codes and Uniform Fire Code
5. *Ordinance 1346-89: Amend KMC Title .4, "Uniform Building Code" to
Adopt & Incorporate 1988 & 1990 Edition of Certain Codes
6. *Ordinance 1348-89: Increase Estimated Rev/Appns by $14,060 in
Council on Aging -Borough Fund
7. Vacation of 10' Utility Easement: Lot 2, Misty Haven S/D - H.U.D.
_ . ADM = N 3CSTRAW 3CON RE FORW S
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
S. Finance Director
6. Public Works Director
7. Airport Manager
J . D=SCUSS=0A7
1. Citizens
2. Council
IC . ADJ'OUR1�iMEN"S
2
KENA= C�TX CCaUNCZT., — RR(3ULAR MEE'I'TNG
December 6, 1989
City Hall Council Chambers
Mayor John J. Williams, Presiding
A • CAI,. TU ORDER
1. Pledge of Allegiance
2. Roll Call
Present: Measles, Monfor, O'Reilly, Smalley, Swarner, Walker, Williams
Absent: None
3. Agenda Approval
a.
Add
Item C-1: Memo from Public Works Director
b.
Add
Item C-3: Appraisal for Land for Proposed Boat Launch
C.
Add
Item D-6: Minutes of Parks & Recreation Commission - 11/22/89
d.
Add
Item I-6: Memo from Howard Hackney - House on Iowa
e.
Add
Item H-2: Purchase Order for Repair of Transformers for
Christmas Decorations
` f.
Add
Info Items:
1.
Monthly Budget Report
2.
The Centerline
3.
Letter from Senator Zawacki
4.
Letter from Forget -Me -Not Senior Care
S.
Sales Tax Report
6.
December Library Calendar
7.
City of Kenai, Federal and State Single Audit Reports - 6/30/89
MOTION:
Councilman Smalley moved approval of the agenda as amended, seconded by
Councilman
Measles
VOTE:
Motion passed by Unanimous Consent
4. Consent Agenda
MOTION:
Councilman Walker moved to approve the Consent Agenda, seconded by
Councilman Smalley
VOTE:
Motion passed by Unanimous Consent
0
KENAI CITY COUNCIL
December 6, 1989
Page 2
C . VuaramC HOA.ammas
1. Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/D -
from Suburban Residential (RS) to General Commercial (CG)
MOTION:
Councilman Measles moved to adopt Ordinance 1333-89, seconded by Councilman
Walker
Mayor Williams called for comments from the public, there were none.
Councilman Smalley: I am going to vote against this because I feel it is
spot zoning, and it was pointed out at the Planning Commission meeting and
Director KornelisI letter of the potential traffic hazard in that area due
to the access situation. Those are the two primary reasons.
Councilman Walker: In addressing this issue, I don't feel it is spot
zoning. The property adjacent to this is already commercial and has been
for some time. It has been stated that it might create problems with the
school, there was commercial property there prior to the advent of building
that school. There's a church across the street and up and down the road
you will find several areas that have this kind of property. One of my
biggest concerns is, upon reading the memo this evening, and I do agree
with traffic problems. I don't have a big problem with having MacguireIs
turning from Swires Road.
The problem I do have is that if we don't begin, in some point in time,
to allow some kind of commercial development along the highway, eventually
we're going to have houses with small children built right up to the
highway, then we're going to be into a situation with small children
playing on the highway ROW and so on. I think probably, the greater damage
could be done by building residential right up to the highway.
One other point is if we continue to turn down requests for zoning changes
adjacent to commercial property, we're going to stay the same way we've
been for a number of years. That might be a mistake too, we need to
develop some of these commercial properties, we need to allow more
commercial property, other than just in the center of town. I'm in favor
of this type of plan, a small business man coming forward, wanting to do
something with a piece of property and perhaps we can address that and
allow him to do it.
Councilwoman O'Reilly: I, too am going to vote against this, for the
reasons we already discussed, I think it's strip or spot zoning. I don't
think it's in the interest of the City, there are a lot of children that
walk back and forth to school there and I think there's a better way of
handling this. I think if Planning & Zoning were to come out with a new
comprehensive plan, that's one thing. This particular business, I
certainly wouldn't have any problem, but who knows what's going to happen
a few years down the line.
Councilwoman Swarner: I agree with Councilwoman O'Reilly's comments in
that I believe it is spot zoning also. I wouldn't have a problem in
KENAI CITY COUNCIL
December 6, 1909
Page 3
looking at this property and other properties along here when Planning &
Zoning comes back with a comprehensive plan which they are doing. This.
is one of the areas that they should strongly look at.
Councilman Smalley: This has been an area of concern all up and down the
Spur Highway, and to a degree, I agree with Councilman Walker. I think,
when there are changes in the road, bettering conditions there, and when
it's been dealt with as to overall zoning, perhaps then, but at this point
in time, no.
Councilman Walker: I really feel that if we continue to turn this type
of thing down, we won't really need, in the future, improved roads more
than what we have right now because we won't have a lot of growth. If we
only allow growth in the center of town, then we're going to have some
major problems and some of them have already surfaced due to the empty
buildings that we have and people that say I can't do business here. I
think it's very important that we allow some of these small businesses to
come in, and build an establishment and do something with it. If we don't
address that situation we're going to have more problems upcoming. .
Mayor Williams: I have no problem with the rezoning because of the already
existing commercial property across the street. I do have some concern
with regard to the highway. Kenai Spur Highway, at the present time calls
for a 200' ROW. There are areas along the highway as I recall that call
for 300' ROW. Do we know what the ROW acquisition program calls for. If
not, how soon could we find out if they want a 300' ROW.
PW Director Kornelis: I think we'd have to contact Anchorage. Mayor
Williams: With an owner planning on building there, it seems to me that
should be 'looked into. In the case of the highway itself, acquisition is
going to have to be made on the adjoining property. It would seem with
the building of the school that the highway department is going to have
to make better arrangements for access on to Swires Road because of the
added traffic that has already been created there. I am not too concerned
that a traffic problem would be created by allowing another access close
to Swires because the highway department has a responsibility to take care
of that.
PR Director Kornelis directed to check with the DOT to determine the
acquisition of ROM in this area.
Mayor Williams noted Mr. Maguire in the audience and asked him to come
forward. Mr. Maguire, according to our information now, there exists a
200' ROW, you're aware of the fact that the 1991/92 construction program
calls for a four lane highway to be built through that area.
Mr. Maguire: Yes, but I understood it to be within the present ROW: Mayor
Williams: Have you checked to find out whether or not that is correct.
Mr. Maguire: No. There are only about 4 lots on each side of the road
that already had the new ROW taken. The rest are all shown with the
present ROW. Mayor Williams: I would strongly advise that you look into
that.
KENAI CITY COUNCIL
December 6, 1989
Page 4
VOTE:
Motion passes
Councilman Measles - yes
Councilwoman Monfor - yes
Councilwoman O'Reilly - no
Councilman Smalley - no
Councilwoman Swarner - no
Councilman Walker - yes
Mayor Williams - yes
2. Ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation
Zone" (R) �.,..._. ,...,..,.._�...,_ _...�.
MOTION:
Councilman Walker moved approval of Ordinance 1343-89, seconded by
Councilwoman O'Reilly
Mayor Williams called for comments from the public, there were none.
Councilwoman O'Reilly: I would consider a division of question to consider
tonight, just the section pertaining to the new zone and table to further
date or further work by Planning & Zoning Commission that portion dealing
with the signs
Councilman Measles: Would it be cleaner for the purpose of this ordinance
to amend this ordinance by removing all references:. to the sign code. City
Manager Brighton: Yes. If you remove it you can pass the zoning portion
and at a later date pick up with the rest.
MOTION AMENDMENT:
Councilman Measles moved to leave the main body of the ordinance dealing
with the zoning change, and also leave in the amendment to the Land Use
Plan and to delete any reference to the sign code, seconded by Councilwoman
O'Reilly
Councilman Smalley: If it passes and it goes into effect and signs are
constructed, are they then constructed to the ordinance that's currently
in the code as far as the sign code ordinance. City Manager Brighton:
Until such time as you pass the addition to the sign code, yes.
Councilman Smalley: By amending it to remove any reference to signs you,
go back to the regular code and if it's 154 sq.ft. sign and I know that
the Planning Commission was having some difficulty with that. City Manager
Brighton: Since you're creating a zone that doesn't presently exist, ,even
the present sign code would not exist in this new zone. You will have to
eventually adopt the overall sign code for the new Recreation Zone or a
sign code for that particular zone. But since we don't have a zone, then
the sign code doesn't cover it. Councilman Smalley: I'm saying that once..
the zone has passed and goes into effect and people come�in and request
the zone changes, once approved they could put up a sign within that zone
for 154 sq. ft.
KENAI CITY COUNCIL
December 6, 1989
Page S
City Manager Brighton: I don't think, in the sign code that's in
existence, there is this particular zone. If you pass this, then you will.
eventually have to pass a sign code ordinance that will have to comply with
the new zone. Councilman Smalley: My understanding is that once the zone
goes into effect the current sign code would speak to this zone.
City Attorney Rogers: I am inclined to agree with Councilman Smalley.
That is not to say that during the interim period while you devise a sign
code to make it applicable just to that zone, that there would be., any
enforcement. I think there is a period of time before you have to worry
about it.
Councilman Smalley: I think this is a cleaner way to deal with it tonight
but I think that the sign code situation definitely needs to be dealt with
quickly.
Mayor Williams: I concur in the discussion of separation primarily because
I'm quite concerned about the sign code itself. I believe that this
particular sign code has become very restrictive and I hate to deal with
two separate sign codes within the City. One for one particular zone and
one for other areas. I'm also concerned that they eliminate lighting.
"No internally illuminated sign is permitted". The most aesthetically
pleasing signs that we have are the internally illuminated signs and I
would hate to create a recreational zone for the purpose of hotels, etc.,
and not allow the right to have this type of sign. I would prefer the
ordinance deal with size because of the quasi -residential areas.
VOTE AMENDMENT:
Motion passed unanimously by roll call vote
Councilman Smalley: I think it needs to be remanded back to the Planning
Commission but it needs to be remanded back to them with some direction.
Mayor Williams: Administration will advise the Commission that it is the
council's desire that they redo the sign ordinance having it more
appropriately apprc►ximat0 the existing sign ordin tc® and to look. more_.
closely at the problem of internally illuminated signs and consider the
types of businesses that may be in that new zone.
Councilman Measles: I don't think I have a problem with the existing sign
code looking at the permitted and conditional uses in this zone. How are
you going to place hotels and restaurants under two different sign codes
because they happen to be in a different zone. I would hope that we could
simplify that so that we're dealing with one sign code.
Councilman Walker: I would speak to the ordinance itself. The Commission,
while I was still on it, went to a considerable amount of work on this
particular ordinance itself, with a lot of thanks to Councilman Smalley.
Basically I'm going to speak out strongly in favor of this, it is a very
needed item.
VOTE MAIN MOTION:
Motion passed unanimously by roll call vote
0
r�
Ij-
KENAI CITY COUNCIL
December 6, 1989
Page 6
3. Ordinance 1344-89: Increase Estimated Rev/Appns by $180,000 for
Purchase of Land for Boat Launch
MOTION:
Councilman Walker moved to approve Ordinance 1344-89, seconded by.
Councilwoman O'Reilly
Mayor Williams noted the additional material pertaining to the appraisal,
Council took a few minutes to read it over.
Mayor Williams: I might advise the public of the great disparity between
what the ordinance says as far as the appropriations for the purchase of.
the land and what the appraisal says the land is worth. I wouldn't care
to get into a major discussion between the differences in values at this
time because that question is not before us, the primary question is to
appropriate a general amount of money for the purchase of a specific parcel
of land. The Council will deal with actual values later on.
Mayor Williams called for comments from the public, there were none.
Councilwoman Monfor: We are appropriating money we are putting into a
capital project fund, but if we don't get all the permits we need, it ie
null and void. City Manager Brighton: Because we are appropriating
$180,000 has no indication that that is the price of the property. The
price will be whatever the Council ultimately decide what they can agree
on. Mayor Williams: And it doesn't mean that we. are necessarily willing
to buy it at this time.
Councilman Measles: Is it appropriate to make the appropriation at this
time. Mayor Williams: I think what we wanted to do was get the money
available so that we could negotiate a contingent contract.
Councilman Smalley: So Council passes this and makes funds available, then
the City can expend them without coming back to Council. Answer no.
Councilwoman Mon -for: Did I understand that we are going to make a
contingency contract with the Cones for an unspecified amount of money.
Mayor Williams: No, we're going to negotiate a price. But when we submit
the paperwork for the permits we need paperwork that will show we are
either the owner or are buyers contingent upon.
City Manager Brighton: I would suggest the Council have a work session
on directing the administration because there are a couple of ways you
could go. You can either do it the way it has been suggested or you can.
pay x-number of dollars for an option, contingent upon certain things
happening, if they don't happen we lose the money we paid for the option.,
you don't lose money either way. Administration does not want to be'out
there waving around in the water without specific direction from this
Council.
Councilman Walker: In reviewing this ordinance, it appears to me exactly
what the Council discussed in, I believe our most recent meeting, and I
feel this appraisal isn't going to cause a whole lot of problems.
Basically what this will allow us to do is to go on to negotiating. City
KENAI CITY COUNCIL
December f 6, 1989
Page 7
Manager Brighton; Technically that's right. Councilman Walker:- 8o if
this is in no way setting the price, it is just allowing us to enter into
negotiations and begin this work. I suggest we approve it and then we can
see what kind of price.
Councilman Measles: Under the scenario that you -describe of entering into
negotiations and then signing a contract with the Cones for a specified
price, would that contract come back to Council before it's signed. Mayor
Williams: I'm sure it would be we can direct that it will. Councilman
Measles: The since this ordinance is scheduled to be effective on the date
of the second reading could we not table this ordinance until that contract
comes back to us for approval, and at that time amend the amount to
whatever was agreed upon for the price.
Mayor Williams: yes. We had not anticipated seeing this appraisal at this
early date, so we were looking to make some money available to proceed.
This came to the office today. City Attorney Rogers: From a legal
standpoint I see no reason or need to be money appropriated pursuant to
this ordinance to negotiate a price for the purchase of that land.
MOTION:
Councilman Measles moved to table Ordinance 1344-89 until such time as the
negotiated contracted is brought back before Council and that the ordinance
it
be brought back with the contract, seconded by Councilwoman Monfor
Mayor Williams: Will this be considered the"'first reading of this
ordinance even though it has-been tabled. Answer no.
VOTE:
Motion passed unanimously by roll call vote
It was agreed that the ordinance had already had the first reading so when
it comes back the dates will be changed.
Council set a date for a. work session on this issue for Nednesday, December
208, 1989 at 6:00 P.M. in the Council Chambers.
City Manager Brighton asked for the progress on the project, PW Director
Kornelis answered that the two proposals are going through the process. for
both Parke & Recreation and Planning and Zoning Commissions but not to the
Corps as yet.
4. Resolution 89-79: Authorize City Manager Execute Mortgage &
Agreement for Kenai Bicentennial Visitors & Convention Bureau for
Construction of Kenai Bicentennial Visitors & Cultural Center
MOTION:
Councilwoman Monfor moved for adoption of Resolution 89-79, seconded by
Councilwoman O'Reilly
Mayor Williame.called for public comments, there were none.
Councilwoman Monfor stated that the Kenai Bicentennial and Visitors
Convention Bureau voted on this at their meeting Monday and approved,it.
KENAI CITY COUNCIL
December 6, 1989
Page 8
"If we don't have this, our grant is dead in the water. It's a formality
of the United States government. We have everything in and we should know
by December 15th and the final ground approval until March 1990.
VOTE:
Mayor Williams asked when the funding would be available should a positive
statement be made in March, answer no idea. Councilwoman Monfor informed
the public that this project has been approved on the state and local level
and it is in Seattle this week.
City Manager Brighton: If this grant is awarded it will be funded by this
fiscal year funding.
Motion passed by Unanimous Consent
0. COMMYSSZON/C01AM11rrMzR RMVORWS
1. Council on Aging
a. Councilwoman Swarner reported that the Congregate Housing Committee
is diligently working on the project. Mayor .Williams noted the letter in
the packet from Senator Zawacki in support of the project.
b. Today the tree and star was delivered to the Governor and there will
be 12 more days of ornaments delivered to his office.
c. I In January the Council will need three new members and there are
three applications in the packet.
2. Airport Commission
a. Councilman Measles reported that the minutes of the last meeting
were in the packet. The next meeting is December 14th.
3. Economic Development Commission
The next meeting will be tomorrow.
4. Harbor Commission
The next meeting is scheduled for December iith
5. Library Commission
a. There was no meeting scheduled for December.
b. Councilwoman Monfor reported that the Open House is going to be
December 14th from 4 - 7 P.M.
MOTION:
Councilwoman Monfor moved that Council, from their Misc. budget, donate
$100, seconded by Councilwoman Swarner
KENAI CITY COUNCIL
December 6, 1989
Page 9 ,
VOTE:
Motion passed by Unaimous Consent
6. Parks & Recreation Commission
a. Councilwoman O'Reilly reported that the Commission approved the
concept of the Recreation Zone and felt that more work needed to be done
which the Council did tonight.
b. On the boat ramp, they recommended Option #2 because it would allow
more organized parking, less congestion, and less expensive. They also
urged that the boat ramp be there from the start. Mayor Williams noted
that the Harbor Commission requested Option #1 and Parks & Rec requested
Option #2.
c. They want to set a joint meeting with the Beautification Committee
to discuss the Municipal Park sometime in January.
7. Planning & Zoning Commission
No meeting until December 13th. •
8. Misc. Commissions/Committees
a. Councilwoman Monfor stated that the Beautification Committee met
November 21st in a joint session with the Parks & Recreation Commission.
There were new lines of communication opened up. The Council discussed
verbiage on page 7 of the minutes and the cost of several projects which
total $1 million.
E . MMMUWES
1. *Regular Meeting, November 21, 1989
Minutes not available.
F . CCd RRE S PONOE NCE
1. *Letter from Senator Tea Stevens
Mayor Williams stated that this is in answer to a letter he asked the City
Attorney to draft. City Attorney Rogers: I had a conversation with one
of the aides to the Senator but nothing yet.
2. *Letter from Kenai Peninsula Central Labor Council
No action.
G . OLD Bt3SZNESS
None
•
KENAI CITY COUNCIL
December 6, 1989
Page 10
H _ NEW E3US=NESS
1. Bills to be Paid, Bills to be Ratified
NOTION:
Councilman Measles moved to pay the bills, seconded by Councilwoman Monfor.
MOTION:
Motion passed by Unaimous Consent
2. Requisitions Exceeding $1,000
MOTION:
Councilwoman Monfor moved for approval of requisitions over $1,000 and add
"Repairs to the Christmas street lights for $1,211.8311, seconded by
Councilwoman Swarner
VOTE:
Motion passed by Unaimous Consent
3. *Ordinance 1347-89: Amend KMC Title 23, "Personnel`Regulations"
■ -■�.r■rrw■■rr
Consent Agenda Item
4. *Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of
National Fire Codes and Uniform Fire Code
Consent Agenda Item
S. *Ordinance 1346-89: Amend KMC Title 4, "Uniform Building Code" to,
Adopt & Incorporate 1988 & 1990 Edition of Certain Codes
wrrr.nr.u.n
Consent Agenda Item
6. *Ordinance 1348-89: Increase Estimated Rev/Appns by $14,060 in
Council on Acting -Borough Fund
Consent Agenda Item
7. Vacation of 10' Utility Easement: Lot 2, Misty Haven S/D - H.U.D.
MOTION:
Councilman Smalley moved approval, seconded by Councilman Measles
0
VOTE:
Motion passed by Unaimous Consent
S . AlaMtN=STRAY=OAT REPORTS
1. Mayor
a. Mayor Williams reported on the AML conference.
KENAI CITY COUNCIL
December 6. 1989
Page 11
b. (1) The NLC meeting in Atlanta centered around public housing. The.
U.S. is short 8 million units and have been going deeper into that lose
since 1980. The present administration is involved in cleaning up the IUD
situation, (2) The next push was to register handguns. Both the Alaska
and Arizona delegation stood firmly against it with the comment that about.
the only thing registration of handguns is going to do is. once you are shot
you will be able to make sure you were shot by the right gun. The
resolution failed, (3) Child day care, (4) no mention of ANWAR, policies,
or energy, (5) the garbage and drug issue, (6) Economic Development with
an interesting switch is that a small community faces elimination by
actions of another community adjoining it. A regional airport is expanding
and is buying up half the homes in the adjoining community and wiping out
half the tax base and removing half the residents.
2. City Manager
J.
a. The PW Director has provided an update on the Kenai Boardwalk
project. It is on track and still going. DOT has verbally indicated they
will take property title to that property.
b. Passed out tonight is a sheet from Dick Morgan regarding an increase
in green fees. His lease specifies that needs approval from Council prior
to increasing those fees.
MOTION:
Councilwoman Monfor moved to increase the green fees: 6$ for 9 holes on
weekdays, $8 for 9 holes on weekends and holidays, seconded by Councilman.
Smalley
Councilman Walker: Would Councilwoman Monfor care to continue with the
18 holes. The schedule continues on the back of the sheet, however, it
was not indicated in the letter. City Manager Brighton stated that perhaps,
they didn't need to be, however, to be on the safe side you cpuld amend
it to the -verbiage on the green .fee card.
MOTION AMENDMENT:
Motion amended to read as stated on the green fee card by consent of
second.
Councilman Measles stated that it should be clear that we are allowing Mr.
Morgan an exception to his lease for him to increase the green fees as
requested. We don't want to increase the green fees.
VOTE:
Motion and Amendment passed by Unanimous Consent
c. On the FSS facility, we are moving Along with consolidation -much more.
slowly than any of us anticipated and it is creating some heartburn
that some places such as Homer that are going to lose theirs.
41.
0
S
KENAI CITY COUNCIL
December 6, 1989
Page 12
3. Attorney
a. Mayor Williams pointed out.item I-3, Tim Rogers has been appointed
to Government Lawyers User Group Chair.
b. Mayor Williams asked, about the second item in his report and the
involvement of Matanuska Telephone Company. City:Attorney Rogers: They.
retained Andy Hogey who is one attorney in Anchorage who limits his.
practice to utility law so he is considered somewhat of an expert in the
field. They intervened at the very beginning of this. We have been
fighting with the Matanuska Telephone people as well as ,HEA and the
Attorney General's office in the state. As a result of their intervening
in the case, we .are now being told that they are now jointly and . severally
liable for the attorneys fees. that were -awarded to the .City of Kenai.
We have the option of collecting any and all fees from any one of those
people and the awarded the fees to us is being appealed to the Supreme
Court, but it is our intention, at this point, we will probably attempt
to collect all of those fees from Homer Electric and let them worry about
sorting it out on a pro-rata from others who were involved.
4. City Clerk
None
S. Finance Director
The audit on the grants was passed out plus the recap on the sales tax.
Mayor Williams asked if this was what was anticipated. Finance Director
Brown stated that the July through September figure is .18% down. This
is the first one in 9 quarters that is down. Mayor Williams stated that
everyone is interested in what effects the oil spill had on the economy.
The point appears to be that there wasn't the money spent in Kenai as
anticipated. Even though there were tremendous amounts of money being
expended in the state, we didn't get that great an effect. Finance
Director Brown noted that Homer and Seward were well up.
6. Public Works Director
a. Regarding a memo from Mr. Hackney regarding the house on Iowa Street,
Mr. Hackney went out and checked on. it to see if the owner is taking care
of it and it turns.out he is not. The last sentence of the memo asks if
the Council wants us to abate this building according to the Code as we,
have the other two.
Councilwoman Monfort I was the one- who brought it to the attention of the
Public Works Department because the -neighbors there have been contacting
me constantly. One of the people would like to put, their- house, up for.
sale and can't because of the condition' of the house. .Its. a public
nuisance. It's not as though the owners have not been -contacted numerous
times, not only by the City but by the surrounding neighbors always with
the promise that they will do something.
KENAI CITY COUNCIL
December 6, 1989
Page 13
Councilman Smalley: Do we need a motion on that? Mayor Williams: No,
the attorney s office will do a report on it. City Attorney Rogers: We' ll
start the preliminary O temQnta
b. The final inspection on the airport bar and restaurant was last week.
We have just a few minor items left on the list.
c. EPA/DEC is about to give us our permit on our fish discharge at the
sewer treatment plant.
7. Airport Manaaer
a. Happy Holidays! I'm leaving until mid -January.
b. Councilman Smalley asked about expenditures for a small partition
for the restroom, answer it shouldn't be a great cost and I can do it out
of my budget. It would probably be appropriate for both restrooms.
c. Mayor Williams asked for an update on the case for the industrial
display. Manager Ernst replied that he was having trouble getting bids
and listed the people he has approached. The reason seems to be that the
Job is one of a cabinet maker type. The way the specs were written up is
using oak trim and should be easy. Mayor Williams asked about the cost,
Manager Ernst answered that the money will have to be appropriated. Mayor
Williams stated that since that display is worth around $200,000 the job
has to be done. Manager Ernst answered that he will take the proposal from
Treat if it does get down to around $5,000.
a. D=SCUSSION
1. Citizens
None
2. Council
a. Councilwoman Swarner thanked the Council for allowing her to travel
to the RDC meeting, it was very informative. There was one speaker that
came up with a new name, "preservationists" and is all for promoting timber
harvest on the Peninsula.
b. Councilwoman Monfor will not be at the next meeting.
c. The Library Commission is short one person and there is one
application in the packet.
d. Councilwoman O'Reilly noted that the newspaper reported that we got
the okay for the customs office. City Manager Brighton will report back
on the date for that event. We will provide space in the airport terminal.
Councilwoman Swarner stated that she had learned it would be January or
February.
KENAA CITY. COUNCIL
December 6, 1989
Page 14
e. Councilman Smalley stated that,he.is going to have a couple people
come and speak to ..Council regarding, the Boys & Girls Club. This is"a good
group 'that has use of part'of -,the old Kenai. school. They are nonprofit
and are in.dire need of money. On a daily basis they have between 30 to
over 100 young children there... T don t sso it as being.competitive with,
our Rec Center because they are dealing with.children who would 'not,, be in
the Rec Center.. It is a latch key program that you would find. interest, ng:
I would ask Council consider donating:dome money to that organization.
Mayor Williams indicated that he ,was on the Board of Directors and had also
considered approaching Council. Discussion continued regarding .the
Community Schools program and the Boys &.Girls Club.
f. Library Commission needs one person and there is.an applicant, Mary
Quesnel.
MOTION:
Councilwoman O'Reilly moved that Council concur with Mayors appointment
of Mrs. Quesnel to the Library Commission, she would be an asset, seconded
by Councilman Smalley
VOTE:
Motion passed by Unaimous Consent
g. Council on Aging: Three applications • Joanna Hollier, Elmer Seay,
and Georgetta Funk. Council concurred with the.,ne►yors aNppofntment of all
three persons to the Council on Aging.
h. Mayor Williams reported on ,the meeting of :the Kenai Caucus: An
objective list was approved which regarding the Railbelt Energy Fund. The
#1 item is the Bradly Lake Intertie, #2 is Fairbanks to Healey Intertie,
#3 is Seward Intertie. After that we all agreed that if we could get the
legislature to issue the rest of the money on a per capita basis for the
Boroughs of the railbelt that we would have a much better chance at
requesting.and.perhaps negotiating funds out -of -the Borough at the local,
level than we would out of the legislature. The,Borough share on a per
capita basis will be $10 million. The Borough has proposed some public
works projects that will come to about $7.million.
i. Regarding tha.Games of Chance and Skill permits; .it was agreed they
would tax the vendors but not the nonprofits. City Attorney Rogers: They
failed to give the vendors an exemption from taxation..
K . �sD�'OiTE2biblL�TT ,
There being no further business, the meeting was adjourned at 9:00 P.M.