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HomeMy WebLinkAbout1989-12-20 Council Minutesk • Is AGENDA KENAZ G=TY COUNCIL — R OUZ,AR MEET, XNC3 0ecoarn7cs4ar 20 , 1909 A . aAT-AT-0 TO ORDBR 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine It 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. 0. SCHEDULED PUBLIC COMMENT (10 Minutes) Clarence Ladd - Kenai Seniors C . P' nT-A Z C HEARS NGS 1. Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of National Fire Codes and Uniform Fire Code 2. Ordinance 1346-89: Amend KMC Title 4, "Uniform Building Code" to Adopt & Incorporate 1988 & 1990 Edition of Certain Codes 3. Ordinance 1347-89: Amend KMC Title 23, "Personnel Regulations" 4. Ordinance 1348-89: Increase Estimated Rev/Appns by $14,060 in Council on Aging -Borough Fund 5. Resolution 89-80: Authorize Application for Funding for "Kenai River Mouth Viewing Area" 6. Resolution 89-81: Awarding Contract for Two 1990 Police Patrol Vehicles - $30,758.00 7. *Renewal of Liquor License - American Legion Post #20 D. COMM Y S S Z ON/ COMM = TTEE REPORT S 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees 1 • �:. MTN'CXTES 1. *Regular Meeting, November 21, and December 6, 1989 F . OORRES3+'C7NDENCE I. *Letter from Larry Sloan, Slaws 2. *Letter from Senator Zawacki 3. *Letter from Governor Cowper to Senator Zawacki 4. *Letter from Representatives Navarre and Swaakhamaer G . OLD SUS SNE S S H . NEW 13U8ZNESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1349-89: Amend KMC to Adding New Chapter - "Investment of Monies" to Establish a Policy for Investment of City Monies 4. Vacation of 10' Utility Easement: Lot 2, Block 2, Sungate S/D - HUD 5. Vacation of 101 Utility Easement: Lot 2, Block 10, Thompson Park S/D Alaska Housing Finance Corp. I. ADM=N?SWI2j1LT2ON REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager a. D=SCUSS=CON 1. Citizens 2. Council. iC . ADJOURNMENT NAB cxx M$ CL-tx "41A3- - Cou 24 JLS89AR RET MG ycor acohn s - W.i 1 : 3 �' Ohsrtrtta-r es �..3.axna , Px`�'s `� • CALL TO ORDER 1• Pled a of Alle fiance Mayor Williams called for a moment of sil in action in Panama, once for those Americans who died 2• Roll Call Present; Mayor Williams Absent: O'Reil1Y, MonforMeasles, Smalley, Swarner, Walker 3• A ends A royal Mayor Williams $ykea that the followin Item B-2, 9 items be added to the agenda: Item g-2• Add partial minutes from Ai Add Red Goodwin - °Keen E z'P°rt Commission meeting 11 g 89 Info 13: Letter from Representative N / , Ye Presentation Info 14: Request from City of Seldov3a for proposed resolution dealing Christmas Card to Kenai City Council from with oil Spill Forget..Me-Not Members Info 15: Letter from Senator Stevens - MOTION: Old Western Auto Building Councilman Smalley moved for approval of VOTE: the agenda as amended Motion passed by Unanimous Consent 4• Consent A ends MOTION. - Councilman Measles moved for a Councilman Smalley the Consent Agenda pproval of VOTE: seconded by Motion passed by Unanimous Consent $ ` SCME0t7x,E:0 guSL 2 C O QMMENT a• Clarence Ladd IL1 O - Kenai Seniors Mr• Ladd stated that he spoke of the Seniors at the Keni Senior Cent IgoOd of the order Aging. Center which are not on the tCounche il on KE14AI CITY COUNCIL December 20, 1989 Page 2 Mr. Ladd spoke of having a petition that will be passed around and returned to the Council later which addresses the need for an expanded dining room and maintenance of the exterior of the building. Mr. Ladd addressed the Congregate Housing project stating that it is a good idea but does not have dining facilities and he felt that the current dining facilities should be expanded prior to moving ahead with the project. City Manager Brighton explained to Mr. Ladd that there was an ordinance on the floor this evening addressing the maintenance of the building beyond the exterior as mentioned. Mr. Ladd felt that there were certain persons including himself that were not allowed to speak. Mr. Ladd went on to state that he is upset at three persons being appointed to the Council on Aging prior to January when terms are expired and not allowing a chance for other people such as himself to be appointed. Mr. Ladd asked how the applications came before the Council. Councilwoman Swarner, representative for the Council on Aging answered that the applications were in the packet and did not know who brought them in. Mayor Williams asked if the three applicants were discussed at the last meeting, Councilwoman Swarner stated that she was in Juneau in November and if there was a meeting, she was not aware of any discussion concerning the applications. Further that there were meetings concerning the Congregate Housing project were held every Monday morning at 10 A.M. and everyone is invited to attend. Mr. Ladd went on to discuss the issue of not being able to speak when legislators came to visit. Mayor Williams: The Council has discussed the dining facilities and we are aware that an addition is eminent and are waiting to see the outcome of the grant proposal to the state. Should we not get that grant money, Council will probably wrestle with the idea of appropriating money for the expansion. The cost is $156,000. 2. Red Goodwin: "Keen', Ewe" Production Presentation Mr. Goodwin: My proposal went to Randy Ernst, Airport Manager and I've been talking to him quite extensively since June on bringing our video ads program into the airport terminal. Our first setup went in to the Central Peninsula Mall in Soldotna. The concept consists of two parts, one is 30 second commercial that my company puts together that we run back to back. We have advertisers with a 30 second spot, a space with the next advertiser, then a 30 second commercial. A tape is available. My proposal to Randy consisted of five parts. The first part is an introduction or description of video ads, that being the 20 second commercial running on a 25" monitor and then the second part is a touch KENAI CITY COUNCIL December 20, 1989 Page 3 screen. The touch screen allows a person to find out more information about a business by touching the screen. In the case of the Kenai airport. information about the airport such as departures and arrivals, the hours �y, that the airport operates, and float plane basin information. This is �o haw we see the value to the airport. The value to, us is selling the advertising. The third part is the technical data about the equipment. The cabinet is built by TCC cabinets in Soldotna and is contemporary styling, 3' x 4' but is 6' to 7' tall. We kept it. this tall to prevent "accidents" and to give it more presence. It would be in an area that is not high traffic and will be visible. Attached to that is two VCR's so that when one two hour loop ends, the second will kick in, and are continuously running. They are then set on timers so that they will turn off whenever you decide. City Manager Brighton: I don't want the Council to be under the impression that since he's been talking to Randy since June that Randy has refused to bring that to Council. It was a matter of running it by the Airport Commission with their recommendation, however, the presentation was scheduled for the last meeting and they did not have a quorum. There has been no reluctance to get this to you. Mayor Williams stated that we have discussed some type of video system for some time for the airport but this is the first time we've had a presentation. Mr. Goodwin stated that he had made a presentation two years prior when he had GVC Productions and at that time the main concern with the Council and with Randy was the volume interfering with flight announcements. Since the display arsa has been built, Randy and I have walked through the display area and found a couple of locations where it would be aimed at the luggage pickup and is out of the way. Councilwoman Swarner stated that she was in favor of it, but feels it should go through the Airport Commission. Councilman Measles stated that Randy had brought it up to the Commission and there were no objections from the Commission on it. THe only comment made was about the volume and, overriding the plane announcements. I was under the impression that if no questions came up after the presentation then they would come to the Council with a recommendation. I don't know if there's,a need to expedite this and have the Council act without a recommendation from the Commission or if this should go back to the Commission. Mayor Williams suggested that this item be returned to the Airport Commission, however, if the Airport.Commission has no further objections it would not need to return to Council. Councilman Measles: Council can just approve it pending approval of the Airport Commission. City Manager Brighton: Obviously that is going to be pretty expensive equipment, you would not expect, under the lease arrangement for the City to assume any responsibility. Mr. Goodwin answered that it was all covered under their own insurance. KENAI CITY COUNCIL December 20, 1989 Page 4 City Manager Brighton asked about the ratio of advertising as opposed to information about the area on it. Mr. Goodwin answered that they set a cap of advertisers at 30. That allows 30 seconds or 15 minutes of advertising or four times per hour. You are going to run a minimum of four times per hour, however, until there are 30 advertisers, they will run five to six times per hour. City Manager Brighton: Assuming you had 30 advertisers, would that be "the equivalent of 50% advertising and 50% information of the area. Mr. Goodwin, answered that along with the advertising will be information about the area. because each advertiser on the touch screen will be giving their location with a map of the City to show where these advertisers are. City Manager Brighton: What I'm getting at is if it would be advisable if a monitor was sitting there with 90% advertising and 10% of only information about the area. Would you permit that to be controlled with the lease. Mr. Goodwin: I'd have to say that the program is really 100% advertising. The amount of advertising that would be given to the City as opposed to the individual advertisers, I don't know how to address that. City Manager Brighton: Let me rephrase that question, if you say its 1005h advertising. Let me say advertising free as opposed to paid advertising. Mr. Goodwin answered that any advertising for. the City of Kenai would be at no charge. How I could address that is, you will supply us with all the information that you want, we have not run out of memory in any program that we have tried. For the upcoming bicentennial it would be ideal to tell about this week or months coming events. We can put as much as you want of that type of information at no charge. Mayor Williams: Let Ia go ahead and ran it back through the Airport Ca i.ssion. Councilman Walker: I would like to see it brought back before the Council at least as a lease agreement. I don't object to this form of advertising or doing business, however, I think, even after it goes through the Airport Commission I think it should come back to Council for approval. I think we should follow our normal standard channels. Based on what we've seem I think its fine, but I'd like to see a little bit more information on it. and as yet I don't have an information packet on it other than what we've seen this evening. This item will return after Airport Ooamission action. C . PUSL=C HMALRXNGS 1. Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of National Fire Codes and Uniform Fire Code MOTION: Councilwoman Swarner moved adoption of Ordinance 1345-89, seconded by Councilman Smalley Mayor Williams called for public comments, there were none. KENAI CITY COUNCIL December 20, 1989 Page 5 0 VOTE: Motion passed unanimously by roll call vote. 2. Ordinance 1346789: Amend KMC Title 4, "Uniform Building Code" to Adopt & Incorporate 1988 & 1990 Edition of Certain Codes MOTION: Councilman Smalley moved for adoption of Ordinance 1346-89, seconded by Councilman Measles VOTE: Mayor Williams called for comments from the public, there were none. Motion passed unanimously by roll call vote. 3. Ordinance 1347-89: Amend KMC Title 23, "Personnel Regulations" II�I..�I l.r1111�1.�� MOTION: Councilwoman Swarner moved adoption of Ordinance 1347-89, seconded by Council man Walker Mayor Williams called for comments from the public, there were none. is Mayor Williams noted that the amendments deal with more stringent language dealing with drugs in the work place. Also, commending Administration for moving in this direction on a very touchy issue. City Manager Brighton: The Finance Department is primarily responsible for the codification of this and, not only were the drugs thing addressed, but there were a lot of definitions that the courts are now ruling on certain things in relationship to employee/employer relationship. One example of problems with the current personnel code is after you've completed the probationary period you become a permanent employee. Believe it or not, many courts are ruling that if you have that in your code, you can't fire anybody, if you say permanent employee that means a lifetime employee. So what the Finance Department has done, in consultation with the attorneys office is tried to rectify those things that are no longer pertinent to the relationship between management and personnel. City Attorney Rogers: A lot of this was reviewed at AML. 23.05.070, (1), I might suggest, in the interest of clarity, where it says "Department Heads", it says "person directly responsible. to the City Manager". As opposed to "person" you may want to change that to "classified employee" to clarify clerk and city attorney who are responsible to the Council and not the City Manager. Other than insofar as drugs in the work place, I would not say that this is necessarily going to do it. Mayor -Williams.: I' believe it is a step in the right direction. City Attorney Rogers: This attempts to legislate, to some extent, as to the employee's conduct at times other than while at employment. Take a shot, pay your money, take your chances and we'll see what the court does, 0 KENAI CITY COUNCIL December 20, 1989 Page 6 Councilman Smalley: Aren't there policies as such with airlines and. with shipping companies. City Attorney Rogers: Well, you have to make a extensions between what the duties of the employee have to be, is it public safety, is it something that affects the safety of the people you're dealing with, the public at large, that's where it breaks down. Mayor Williams: I believe I'm right in that the federal government is �iV- "Wairement random drug testing of all people involved in public b transportation and the trucking industry in the very near future. City Attorney Rogers: Well, they're requiring customs agents for some reason too, on the pretense that they are more prone to be bribed, is that a breach of public safety. Mayor Williams: Do you have problems with paragraph 3, looking at page 17. Answer no. City Attorney Rogers: We're in uncharted waters, we've got courts on all sides. Councilman Smalley: Are we going to amend the motion. City Attorney Rogers: I would suggest the amendment to subsection (i) on page 3 of exhibit A. I'm saying, delete the word "person" because its all - encompassing and it encompasses exempt employees including the City Attorney and the City Clerk and that would infer there that any department head is a person responsible to the City Manager. City Manager Brighton: In (a) it says exempt service. City Attorney Rogers: I understand. City Manager Brighton: And it says "exempt service shall include all elected officials, City Manager, City Attorney, and City Clerk". City Attorney Rogers: I agree. There's a conflict between the term person and is a broader one. Councilwoman Swarner: Is there abetter term than classified. I think of a classified person as a secretary and that's not ... City Manager Brighton: "Classified" is everyone except manager, attorney, clerk,. elected officials, and appointed commission members". City Attorney Rogers: You've got exempt employees who are also department heads, but they are not directly responsible to the City Manager, they are not directly responsible to Council. Mayor Williams: I think what the Attorney is looking at is his own department in which he acts as a department head but he is responsible to. us and not the City Manager. MOTION AMENDMENT: Councilman Walker moved to amend this document, page 3, 23.05.070.(1) to read "classified employee" and to clean up any typos, seconded by Councilman Smalley Finance Director Brown: I'm still don't understand. The way its written, the City Attorney is not a department head. City Attorney Rogers: That's right but I'm never defined there, nor is the City Clerk. Finance Director Brown: Right, so you are not a department head. And if you change it you still aren't a department head. City Attorney Rogers: No, but its m0ch clearer because you're using a narrower term. By definition all people 0 0 * KENAI CITY COUNCIL December 20, 1989 Page 7 that are department heads aren't classified e Brown: But if you know employees. Finance Director not included in this. You're not answerable to the City Manager you are objection. You just want to make it more clear. I have no VOTE AMENDMENT: Motion passed by Unanimous Consent VOTE MAIN MOTION: Motion passed unanimously by roll call vote 4• Ordinance 1348-89- Council on A in _ Increase Estimated Rev Borou h Fund /Appns by $14,060 in MOTION: Councilman Smalley moved Councilwoman Swarner VOTE: seconded by Mayor Williams called for comments from the public, there were none. Councilman Smalley: Are there an want to look at or does this Y additional expenditures that we might standpoint. Answer, there were no further expenditures from an inspection xP tures anticipated. adoption of Ordinance 1348-89, Motion passed unanimously by roll call vote S. Resolution 89-80• Mouth Viewin reauthorize Application for Funding for "Kenai River MOTION: Councilman Measles moved adoption of Councilman Smalley Resolution 89-80 seconded by Mayor Williams called for comments from the public, Mayor Williams stated that he had there were none. undertook this project with an a had several phone calls on this. We and it is yet completed. application grant to Land & Water Resources e is second one without utilizing the first onetibu if they wi11 approve the application anyway. Thie but we re going to make the constructed in the Old Towne apirea,tho howevar er, area was there. There has been some we b have a lack of hoped real state that the City entertain thoughts s trading embers of the Old Towne no land, Council elected to use alandhowever, since thereois Senior Center. Parcel along the upper bluff near the PW Director Kornelis: We have a The grant application due January 3drawing r w I g available for Council to view.. Part of it is that they re t is a very extensive application. ownership and show them copiers of the deedand8 f land, we have to . the land. show We could not history of how we obtained, Mayor Williams: g° °ut and Purchase land as it would be too late. I know the answer, is probably no, but is there.: a 0 9 KENAI CITY COUNCIL December 20, 1989 Page 8 possibility we could swap land once the application has been made. PW Director Kornelis: I doubt it. We did get the boardwalk grant, supposedly since we never did get any paperwork on it, but the big holdup on it is' the ownership of the land. We told them we own the land, and showed them the deed, but one problem is that there is a small portion near the turnout that has to be turned over to the City. An idea we had was to work it. in with the Leif Hansen Memorial Park. Mayor Williams: With Council permission we can take a short break, look at the map and come back and finish. COUNCIL BREAK VOTE: Mayor Williams: Council will note the parcel the size required for this project compared to what we could do even if we were able to acquire some land over in Old Towne. Councilwoman 8warner: There's another choice, condemnation. Mayor Williams: Of that 7,000 sq. ft. Councilwoman Swarner: I don't know. Mayor Williams: The problem is that its not big enough. Councilman Walker: I would like to mention that I also had several phone calls questioning the wisdom of this particular item, where we're talking of placing it, and most of the public at this point in time doesn't seem to realize that, properties in Old Towne, even though they may not currently be inhabited are not available.. I think its one thing that we should address here, that we have not been able to locate properties in Old Towne and I would like to reiterate that. It is very difficult to buy property in that area for this type of project due to the size. If there is funding available for this type of project, we should, in all haste, proceed with it. Mayor Williams to the City Engineer: If you were to cut the property line off at the bluff, about how much property would be located between the bluff back to the site. PW Director Kornelis: About 5 acres. Mayor Williams: Or about 200,000 sq. ft. And what we're dealing- with in Old Towne, the proposed location of the former viewing area was 7,000 sq. ft. The difference between 7,000 sq. ft. and 200,000 sq. ft. is such that we would never be. able to acquire suf f icient ground in Old Towne to even come close to doing this project. Motion passed unanimously by roll call vote 6. Resolution 89-81: Awarding Contract for Two 1990 Police Patrol Vehicles- $30,758.00 MOTION: Councilman Walker moved approval of Resolution 89-81, seconded by Councilman Measles VOTE: Mayor Williams called for comments from the public, there were none. Motion passed by Unanimous Consent 'S KENAI CITY COUNCIL December 20, 1989 Page 9 7. *Renewal of Liquor License - American Lesion Post #20 Consent Agenda Item Comm x8SMON/Commx!rZ'EE REpan. rs 1. Council on Agin a. Councilwoman Swarner reported that work was ongoing for, the Congregate Housing project. The last of the ornaments should be delivered to Governor Cowper on Friday, hopefully he will put it in his capital budget. Mayor Williams asked if there has been any response from Juneau. Councilwoman Swarner answered that the people in the Governors Office are impressed and they're arguing over who is going to open the packages to put the ornaments on the tree. And the Associated Press either has taken a picture of the tree with the Governor or will be very soon. The Governor's secretary As taking care of the publicity. I understand that this is the first time they've done a lot of decorating in his private office area and this tree is in his private office area. 2. Airport Commission None, there was no meeting in December. 3. Economic Development Commission None 4. Harbor Commission None S. Library Commission Councilwoman Swarner reported that there was no meeting, however, the open house went well. 6. Parks & Recreation Commission b. A home occupation was approved for Christian videos. Z. CITY COUNCIL er 200 1989 .J C. On the boat option #2 rP project support which though they felt thethe motion that Was for both becausever thethe permitting Process suPPort s made was to event either one favor d. uality of that Much allow they would Sometime in J sPace and definitely go was new zone MayornW�iY they wild be being needed is there.. WorthWorking answer no. liaine asked if they on the sign situ disc how ation in 8"~-�--Njsc. Cotrtm3ssions much the land a Committees City Mana Manager agent for customs Brighton: Sven and it is has been a though I didn earlier our ant icipatio PProved by Congresst attend the to aPPropriation of n we will bring back and sign meeting, the locate a in the 5' 000 as to t geed by the pre PPropriatio Place h® COunc.il sident n will be our share for • the Council s I antici back airport for that payment 01y that and has agreed that the man Probably at thefirst mace. So the try greed ee to rea prOPriate t air Money can be on board by Marh eeting in January $15,000 he Priateand or April- Thefjo, It the end og 0 a Year ago, their money. As o oldotna' Seward a The Borough the fiscal ever it reverted bill recall and EI°fier have M= Year. back to We aPpropriated NU�'�S the General Fund at Regular Meeting, Novembe Mayor Willi r 21• and December 6, 2989 unedited. ams noted t There were noa�ochien are on CC7,Lq,�� S Pp or a consent nts NDENC� changes. 1 Letter from Lex'r Sloan S1oNe Consent Agenda Item ws 2' Letter from Senarawacki Consent Agenda It., Consent Agenda It Consent Agenda It. G. QLD �USrN ASS None agenda, however, are I CITy COUNCIL aeCember 2p , 1989 Page it w pus H • NO paia MOTION Councilman Smalley moved to Pay the bills, nimous Consent seconded by Councilman Measles VOTE Motion Passed by Una 1 000 ExCeedin isitions, seconded by 2• Be ions al of the xe s1eB moved for approv MOTZONs loran Mea Counci Walker Counci�an of Consent - alnvestment Unanimous Ad New Chapter Monies. VOTES passed by 9• Amend to A Cit Motion P t of nce 1349 8 a polic for It►vestmen 3. *ordinance to Establish K� n!O s p, enda Item 2 0i�,..._ minutes consent g Easement' Lot _ issiOn Utilit Wins - zoning Cornn+ endati°ns of 10 and recomim Vacation to the plan the 4 . tion reviewed called attethis item was or Williams at which it all boils oMY f the meeting minutes, ea and e the and of the unedited ithin the made • e 6 the garage w buildinge lley; On Pad placement °f as far as th® those lots ar an sma over the lot coverage and s rage on lot 4, bee aus® Councilor concern side y best down to the n about to the the TO permit is the a confer It came sow the impact of ent P There was space• ins of at an encroachm the building and have remaiuing foot and I1m t ommission fel that the owners Of tl five C standing this It is closer- ts mY undere rem®®t9 that . Coiss ion v®cats the process and applied for that the than held over come in an will n°te ex�mit ratbar ion . council You ant P ount of discuss a rather croachm Williams' for an en enable tion• It is se Mayor them onsid than a vac that 1°t °bvi°Us1Y return t° a c ou issue There was rather Mr. gackneYe do YOU encroachment sitting °n 1r1aY easement' encroa snags. no. by they wanted an large building than a g AnsWer it say this Very other a snags. there, doffs odd that a other Purposeed for been som ieing iasu at garage as occupying uildin9 Perm how long ana recall a b recall minutes Will a: Do You on meeting of havE ism PMOwer n°• the Commissi they here• through t City code• d in an eaeem en' in On reading nder curren ®r release olVe that easem uncilman Walker out thath Y are no 10Ve Involve of t Co like to 'Point it until have to h I would ant Perm they would an encroac hick means s ituati°n, KENAI CITY COUNCIL December 20, 1989 Page 11 H. NEW 3311 S X NE S S 1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley moved to pay the bills, seconded by Councilman Measles VOTE: Motion passed by Unanimous Consent 2. Requisitions Exceeding„$1,000 MOTION: Councilman Measles moved for approval of the requisitions, seconded by Councilman Walker VOTE: Motion passed by Unanimous Consent 3. *Ordinance 1349-89: Amend KMC to Add New Chapter - "Investment of Monies" to Establish a Policy for Investment of City Monies__ Consent Agenda Item 4. Vacation of 10' Utility Easement: Lot 2, Block 2, Sungate S/D - HUD Mayor Williams called attention to the Planning & Zoning Commission minutes of the meeting at which this item was reviewed and the recommendations made. Councilman Smalley: On page 6 and 7 of the unedited minutes, it all boils down to the concern over the placement of the garage within the easement. There was a concern about the lot coverage as far as the building and the remaining space. It came down to the side yard setback, those lots are five foot and I'm thinking of the impact of the garage on lot 4, because it is closer. The Commission felt that an encroachment permit is the best process and its my understanding that the owners of the building and have come in and applied for that. Mayor Williams: Council you will note that the Commission requests this issue return to them for an encroachment permit rather than vacate the utility easement. There was a considerable amount of discussion held over why they wanted an encroachment rather than a vacation. It seems,rather odd that this very large building sitting on that lot obviously is occupying some other purpose other than a garage. Mr. Hackney, do you recall a building permit being issued for that garage. Answer no. Mayor Williams: Do you recall how long that garage has been there, does it say in here. Answer no. Councilman Walker: On reading through the Commission meeting minutes. and I would like to point out that under current City code, they cannot have an encroachment permit until they are no longer involved in an not situation, which means they would have to have release of that easement KENAI CITY COUNCIL December 20, 1989 Page 12 prior to that permit under 14.20.185. Mayor Williams: That seems to be contradictory. Councilman Walker: What they're basically saying, the way I read it is that you cannot encroach into a ROW or utility easement so you have to get a waiver of the easement and then get the permit. I strongly question whether we want to get involved in this until we find out if this is even a legal building. Mayor Williams: It would seem rather odd that if we vacated the easement there wouldn't be an encroachment. City Manger Brighton: You have before you a report from the Borough Planning Commission and if you don't deny what they're saying, the vacation request will automatically be approved. I believe they recommended the amount necessary to permit the building to remain, but that goes in the face of what Councilman Walker is talking about. Mayor Williams recognized representatives in the audience wishing to speak. Cliff Baker of Integrity Surveys representing HUD: One thing you need to realize is that an easement and an encroachment permit for building setbacks are two separate items and even if you were to grant an encroachment permit, the easement would still be there and would still need to be dealt with, therefore, it would still need to be vacated or some other action taken with the easement itself. Even after the easement is vacated, as the Councilman mentioned, you would still have to look at the possibility of an encroachment permit. I think at this time, we're trying to deal with that. We have presented an application for an encroachment permit to the Commission, but right now we're still trying to deal with the encroachment into the easement itself. Mayor Williams: Are there utilities presently located back there. Mr. Baker noted that the as -built shows two pedestals that are just outside of the northwest corner of the propeerty. There are no utilities going through the easement, they are coming from Tern Place up to that point. There's nothing going to the west. Homer Electric and Enstar have agreed to a five foot vacation, maintaining that they can still use the remaining five feet for any further extensions. The Borough has approved the five foot vacation. Mayor Williams: They approved five feet which leaves the other side of the easement which is 15 foot easement total. The only thing we might have to consider is the future of any water and sewer that may or may not be encountered. , City Manager Brighton: You have before you a letter from the Borough that says "a vacation of a ten foot utility easement", not five feet, ten feet, and if we don't respond within 30 days that vacation request stands approved. Mayor Williams: Council, if we do not take any action on this they will take the entire ten feet. Councilman Smalley: What kind of difficulties can you see with the potential water and sewer with a five foot easement and ten feet on the other side, knowing that the other adjoining property KENAI CITY COUNCIL December 200 1989 Page 13 owner should not share'the brunt of the easement. Would that five feet and the other ten feet be sufficient. City Manager Brighton: Ten feet is not sufficient. Mayor Williams: I would point out one thing too, that lot 4 that adjoins that property drops off quite rapidly back there. I don't know if there would be a better way to deal with water and sewer back there by bringing, it down Eagle Rock and serve property on both sides of the street. I think the question here is to straighten it out with the Borough whether or not to take five or ten feet. Mr. Baker: The copy of the unapproved minutes that I received from the. Borough stated five feet and I'm not sure whether you have a resolution that states ten feet, but if you do that's a mistake. The minutes from the Borough does say they approved five feet and not the ten feet. The minutes that I show say that they approved the interior five feet leaving the remaining 5 feet as an easement against the back property line. Councilman Smalley: We have them. But the letter states ten feet. Mayor Willi ams noted that the body of the letter specifies Soldotna City Council. City Attorney Rogers: They addressed it to you but in the body they said it was sent to Soldotna. Mr. Baker: The intent there was five feet and I think it was a typographical error. If you address it to the five feet it would still solve the problem. Mr. Al Poore, adjacent property owner: I have several lots back there that are going to be serviced by that piece of property and I'd not rather see the ten foot easement vacated. Its going to service the other lot that I have behind that and my homestead. The building was put there without permits, I don't see why it has to stay. Mayor Williams: if we bring it back to the idea of not vacating it, we have to have some mechanism for the right of that building to remain in that easement because obviously this lending agency needs to get that title cleared up. Councilman Measles: Why do we have to do that. Councilwoman Swarner: We don't have to do that. Councilman Measles: We've got so darned many of these things that keep coming before us of somebody putting up a. building that encroaches on an easement or something of that nature and. in this case was put there without a building permit, we don't have to do anything to make it possible to leave that building there. The more we do that, the more these things are going to come to us. Mayor Williams: The point is well taken, except that this is in the hands of the lending agency now and they are looking at a way to clear this: matter up so that they can settle the property. Councilwoman Swarner: That's their problem. Mayor Williams: I can see that but we need to help the situation along. Do we want to issue a letter to the lending agency and tell them to move the garage. 0 0 �7� KENAI CITY COUNCIL December 20, 1989 Page 14 Councilman Smalley: In looking at running utilities to those back lots off of Eagle Rock, would there be access to those lots. PW Director Kornelis: Water and sewer would probably run down Eagle Rock so the easement would not be necessary for us. The main would be run down Eagle Rock to serve both sides. Mayor Williams: Councilman Measles point is well taken, if you vacate a portion of the easement you might as well vacate it across all of lots 1, 2, and 3. Mr. Baker: Since there are no utilities going beyond that point to the► west, there may be utilities already to the lot to the east. You may not be able to vacate the others and we don't know where they are located. They would be able to go around that building. Councilman Walker: I would not like to let Howard get off the hook that easily. I am distressed by the idea of automatically vacating an easement for a lending institute or anyone else for a building I have question on whether or not its legal to be there anyway. It may all be a moot point if that building must be removed. Its there without a building permit, by the drawing it almost seems that the garage is larger then the home and is this in fact a residential building or is it to be used as a commercial building, and there are a lot of question that I have unanswered. In answer to the letter from the Borough Planning Commission, personally, I would have to turn it down. I would like to hear more from Howard. Building Inspector Hackney: I understand the building was used for a carpenter shop, spray painting, and building cabinets. I didn't know anything about it, I didn't know it was there. City Manager Brighton: Not only is it an illegal building, it was used for an illegal purpose. Councilman Smalley: In a worst case scenario, what can the City do in the case of the garage, as it has been identified as an illegal building and an illegal use. Can we make them take it out. Building Inspector Hackney: It makes it difficult after the man that built it is gone and he's left it with someone else. MOTION: Councilwoman Swarner moved to deny their request Councilman Smalley: MOTION WITHDRAWN It has to be in the positive. MOTION: Councilman Measles moved to send a letter of objection to the Borough,, seconded by Councilwoman Swarner Mayor Williams: Please state in the letter to the Borough that thisis the Kenai City Council. Councilwoman Swarner: Send a copy of the letter with it. KENAI CITY COUNCIL December 200 1989 Page 15 0 . VOTE: Motion passed unanimously by roll call vote Councilman Smalley: it is a sad situation especially when there's a potential buyer for the property, The buyer is stuck between a rock and a hard place and there may be more bucket of worms there than they had knowledge of. If the ' dots can be serviced from Eagle Rock and a f ive foot vacation has no effect, I don't have a'problem, but I do with vacating it completely and just let it sit there. City Manager Brighton: If the Planning Department at the Borough were to send a recommendation to the City Council as per the motion made by the Planning Commission, we would have had before us the opportunity to accept a five foot vacation which would leave a 15 foot easement there, but they didn't do that. They made a motion to vacate five feet, then they send a letter saying its a ten foot vacation and if you don't object within 30 days its going to take effect. Mayor Williams: Let me get a consensus of Council, wottld Council be willing to accept a true motion to vacate five feet of that easement, non - officially. Councilman Measles: My only concern is it still doesn't address the problem. Any time these situations come before us, its because somebody's in a bind because they're not going to find out about this until they try to sell the property. Then you've got the new owner that had nothing to do with the building being put there illegally in the firast place, and in this case it happens to be the lending institution instead of the new buyer. We are never going to know about this until somebody's in a bind. Somehow there's got to be a way to stop people from building into easements and ROWs and then later on coming before us asking for a vacation. Council agreed. Mayor Williams: How do we deal with an illegal building from the standpoint.of permits. Building Inspector Hackney: You abate it as a dangerous building because its not built to code. If you go by what the Borough did and vacate five feet, that still leaves over a foot of a corner of the building in the remaining easement. You also have a question of the encroachment permits. They were set up to rectify buildings over the setback, this is not a setback line. Councilman Smalley: Should things go the way they appear to be going and a customer purchases that home, is that owner of the home then responsible for potential abatement of a dangerous building. City Attorney Rogers: Yes. I assume its going to be reflected in the price he quotes. Mayor. Williams:- We may. be saving the potential buyer a lot of problems but on the other hand, at the cost of being unable to sell the property. I still haven't heard from the .Council. If the Borough came back with the potential of this five foot easement, would the Council be receptive to the idea, I want some direction for the surveyor. Councilwoman Swarner:. I'm not in favor. • � _ice _.-,:_. _' _. __..� _ _-. .LL _�� _�""`___....�, ( �. _� -_., . "'-"'"'� � L� �� - ,'.1%' KENAI CITY COUNCIL December 20, 1989 Page 16 City Manager Brighton: Its entirely possible that the lending ,institution's culpable too. If the homeowner borrowed money to build that building, they may be trying to get off the hook also. They may have some responsibility insofar as that illegal building being there. Building Inspector Hackney: Where does that leave us then. Mayor Williams: We have denied the Borough's request, based on the fact that they brought to us a ten foot vacation. We're saying no, what that effectively means is that the building is encroaching, somebody's responsible for the encroachment, you've indicated the building may have to be abated. Councilman Smalley: Do we have to direct the City to pursue this particular building as an illegal building. Mayor Williams: Not at this time. I don't think we want to do that yet. I think we want to see what the lending agency intends to do with it. 5. Vacation of 10' Utility Easement for Lot 12, Block 2, Thompson Park S D-AHFC • Mr. Dave Johnson, engineer: This is an existing property and what we're dealing with is a well that's located in a ten foot interior lot easement. This went before the Planning Commission at the Borough level on December 4th. There were a number of objections to the vacation of the easement. Not a number there were two. Both of them stemmed from HEA. In my meeting with Jim Evans with HEA, we came to a conclusion that, well we really don't need to vacate the entire easement, we'll just need to vacate the area around the well, so we agreed to vacate a 10' x 10' chunk in the corner of the lot. That was subsequently approved by the Borough and I have a copy of the unapproved minutes here. Mayor Williams: You may be aware of the fact that we're struggling with the idea of water and.sewer in Thompson Park. We have some money we're requesting of the Governor for the project. If that easement through that property were to be served with water and sewer to serve both lots 11 and 12 and it came in on Lupine Drive, we would need nearly all of that to get water and sewer down through there. I'm wondering if it isn't possible for us to grant, on a temporary basis, an easement for the well. Dave Johnson: As you know, the property in Thompson Park have very small lots. Its very difficult to get an approved sewer and water system on most of them and on this one in particular because the radius cuts down on the lot sizes more. The alternative to this is to place the well on the same side of the lot, but farther towards Lupine. I'm not sure how city ordinances read, but you probably couldn't put a sewer there anyway because of the presence of a well. I think that precludes putting a sewer line down that easement. Mayor Williams: But remember the well is there illegally. Dave Johnson: I don't think its there illegally, it just happens to be in the easement. Mayor Williams: Which is illegal. Dave Johnson: And the alternative, the well is fine, but the problem lies in the lender not being willing to �acGn6er 2 COUNCIL Page 17 20 1989 bufi d dollars °n a it If in well that Outside. about 2$ a an We do have toe wlthlh an alter at We,de It will be' t locate the Well In forth native be�$us a'ling with t 9ht ad�ac Well we'r of an at we do that we haves there are he very same nt to that am going to re °rnei we to °the situation easement locat councilman11 have to ha ee t with to a llities in t and that but jus inta Place s the to the Walker; I f at Well near talehereparation, dry we,Zls and Instltutio ne, -find the No matter d sc but that, ns and NFuAnder&tend that Problem Problem with what andt the Borough what 0 and I see it was di cus we have discuss is one that w sewer thatgh has approves being so sad cuttinions with the did with Cave John I see as the 1prob t what our that is fav 1p'xl0 ►esect ding and son: po lem, ntent.lons °rab,�e• ion. point two Point one is are regards Its not Borou g water and its is that the n I ftA will beikejy ycontend that you ca , gh did ap Mayor ail Using that ease enPut r per don Put water ana 10x10 Johnson. Hams: r per there Its sewer down vacation talked with °' there a there HEA uti nt °f Poleo for F arilY bc.us t are Prase the PQOPIe no Utilities in Lure service. eas afford the tmonebtainin on lot 16, ies in that that easeme get power• y to Installer fromf8 aver down the series nowt now. Dave the power line..oeh ProductsQasnof lot nand have uzy. li Williams: 0 at s how d until they and I m st f easemnts arse we do have they. will noontime ease ve continue pend,�n nt to nY against ainst, �n taus a major 1pulat3ons as hi couldn t c ncerns with w encrOachmen articularb jam With to location o leave the arve out, ° star and set °nape nstance� o sty relocationf Cit well there, nAll emPorarY basiwer s °tent nentt basis dace $ up that Y Attorne You u re lookin ' a limited s I still a Of our I agreeons. Y u°gers: Don't g for is a way t Perm,lt park if we discussed With what wasoing to ha a get into other us Y to clear the title o a Can Just sai can 9e of It thelocate hat wlittle hit at them d• That w f WOMB. Co land in ea n your ell whe eeting• as one of unciln►an sement councilwo re not affecting the legal, If the °weer, the things thist ley' after man Swar easement, ink thatls yank Whoever r that Her. the °r Whoever It II situation te? Dave J ten inutes we hav beat way to do With Probably doe Xn�ave a copy ofthe one It sounds 'Ike December 4t rnoenta. eke any differ un&pPrOve3 ®Ire caught did You meet City obiManager Bright nce but it manicue$e � of 'Oecettniber aCatch the a easement cf what is t hard in dralet, n • 47ohnson. I they, at you thi not the reapg O-Vedie. I m not arguing the ones thatthink. If the °nsible rat t0 talk abhe with you b ade the fp 8taj arty owneagency for this same paPerw t t"Ould have and wrong. within Dave Coup better eve ci,iman Smalley` and more xt may 0 9 KENAI CITY COUNCIL December 20, 1989 Page 17 lend dollars on a well that is within an easement. I am not an attorney,, but, if in fact we do have to relocate the well, we're going to relocate, it about 25' and it will be right adjacent to that easement but just outside. We're dealing with the very same situation and that's the only alternative because there are other utilities in place, dry wells and 06 forth that we have to deal with to maintain separation. No matter what we do we'll have to have that well near there. Councilman Walker: I f ind the same problem with this one that we did with the last one. I understand that we have discussions with the lending institutions and HEA, and it was discussed cutting out a 10'x10' section, but that's not what I see as being something that is favorable. Its not what the Borough has approved, but what our intentions are regarding water and sewer that I see as the problem. Dave Johnson: Point one is that the Borough did approve a 101x10 vacation and point two is I contend that you can't put water and sewer down that and its very likely you wont put water down there. Its primarily because HEA will be using that easement for placement of poles for future service. Mayor Williams: Are there HEA utilities in that easement now. Dave Johnson: No, there are no utilities in that easement now. They have talked with the people on lot 160 further down the series of lots and they are presently obtaining power from Beaver Wood Products and until they can afford the money to install the power line, that's how they will continue to get power. Mayor Williams: of course we do have stipulations as to the location of our lines of easements. We have a major problem with utility relocation and I'm still against, in this particular instance, opening up that easement to any kind of encroachment on a permanent basis because of our pending concerns with water and sewer potential. And I still ask if we couldn't carve out, on a temporary basis, a limited use permit perhaps to leave the well there. All you're looking for is a way to clear the title. City Attorney Rogers: Don't get into other usage of land in easement situations. You're going to have a can of worms. Councilman Smalley.: I agree with what was just said. That was one of the things that was discussed a little bit at the meeting. If the owner, the bank or whoever, can relocate that well where its legal, I think that's the best way to do it then you're not affecting the easement. Councilwoman Swarner: The minutes we have are December 4th, did you'meet after that date? Dave Johnson: It sounds like we're caught in a "Catch 22" situation, I have a copy of the unapproved minutes of December 18th. It probably doesn't make any difference but it makes'it hard in dealing with governments. City Manager Brighton: Government is not the responsible agency for this problem. Regardless of what you think. If the property owner built within the easement they're the ones that made the mistake and are wrong. Dave. Johnson: I'm not arguing with you, but it would have been better and more expedient to talk about the same paperwork. Councilman Smalley: it may 0 KENAI CITY COUNCIL December 20, 1989 Page 18 have gone to the Soldotna City Council. MOTION: Councilman Smalley moved to send a letter of objection to the Borough regarding the ten foot utility easement vacation for lot 12, block 2, Thompson Park S/D, seconded by Councilwoman Swarner VOTE: Motion passed unanimously by roll call vote 2 . ADM 2 N = STRAT 2 ON REPORTS 1. Mayor a. Mayor Williams reported on the meeting with the state JTPA. Commissioner Hoffman was here along with several other persons from Labor. I took them on a tour of the City and to People Count as well as the Employment Office. We are trying to get the various state commissions to hold their meetings here in Kenai. . b. There has been some discussion regarding the federal Job Corps training program that is attempting to locate in Wasilla. I will keep you posted on that. There is a possibility that the state may open that up for requests for proposals in the next few weeks. How would Council feel about approaching them to locate that center in Kenai. It would bring about $2 million into the area. There were four approved, one specifically in Alaska, the other three in the lower '48. c. Mayor Williams reported on a trip to Anchor Point, not related to City business and will keep the Council posted on their economic development programs. 2. City Manager None 3. Attorney a. Council's letter of 11/3/89 regarding indemnification of the Chief on which we met, has been executed by all members of the Council. You will recall your action of Executive Session of 30/4/89. b. The macadamia nuts before you are fresh. c. I've provided the City Manager and each member of Council with a package containing a legislative reference manual, the laws you should not be passing. You'll note some of their bad laws make some of our good laws. look good. 4. City Clerk None n i KENAI CITY COUNCIL December 20, 1989 Page 19 5. Finance Director None 6. Public Works Director a. PW Director'Kornelis noted that CIP brochures were passed out. City Manager Brighton asked if they were going to :be reprinted. Council directed that the spelling errors in the brochure,be corrected. b. Councilwoman Swarner asked about the public safety building heating problems, answer, we're working on it. 7„-,;�,,,, Air2o t Manager None a. D= S CU S S x am 1. Citizens None 2. Council a. Regarding the work session held prior to this evening's meeting regarding the boat launch facilities on. Beaver Loop, Councilman Walker stated that there was .no decision reached and asked. for another 'work session, probably not prior to a Council meeting in order to spend more time on the issue., Councilman Smalley: I think I'd like to hold off on that, after talking with you earlier. b . Councilwman Swarner suggested that the letter be. written to the Job Corps by the Mayor. Mayor, Williams: I need to wait a while, January 3rd. c. Councilman - Smalley stated that we dealt- with. two encroachment situations this evening. A few years back, the Planning Commission attempted to put a requirement. in the code,.that the four corners of property be staked. Again -the cost. of the survey, in a situation like these, would remedy'future problems. . obviously* 'those that are coming up now we have to deal: with: The biggest flack the Commission got.on that ' was the added cost of the survey. What will . cost more, a survey or a building abatement. Councilman Measles: They have to be done anyway. Counc lman'Smalley: Nope, at this point in time'the.four corners'do.not have to be located.. Mayor Williams: . When they create an as -built which is required by.the lending agency, .,the four.corners are located.. Councilman.Smalley: For building purposes they, do not, Councilman Measlow But', for financing. At some point they're going to have to do that. anyway So whether its done up -front before the building is built orator the coat is not.a factor, City Attorney Rogers: A lot of variances come in before :final lending r . I It KENAI CITY COUNCIL December 20, 1989 Page 20 papers are done because they can't finalize. Councilman Measles: Apparently, in both of these cases, the encroachment was on the ... or had they looked the lending agency would have been aware the encroachment was there before they financed it anyway. Councilman Smalley: Its something .1 would like to have the Planning Commission look at again. Mayor Williams: One of the things a person gets trapped in is when a modification of property and the as -built doesn't reflect it, and a lending agency doesn't know. it.is. in violation. Then they're stuck with an illegal, non -permitted modification that they're struggling with. b. Councilman Smalley thanked the attorney for the nuts. C. Mayor Williams reminded Council of the City party on December 29th at Mr. D's. d. Councilwoman Swarner attended the RDC conference in Anchorage last month and they have a tape available of the important parts of the conference. Jim Carter was going to order it for the ROD and I would like to see if our EDC could vier it. e. The Council wished each other, staff, and public Merry Christmas. K . Jk0aaURNMRNW There being no further business, the meeting was adjourned at 9:25 P.M. Janet A. Loper Deputy City Clerk Transcribed from tape C "'"" to I 1"7 - 7e7 CITY OF KENAI „Od Capai-al ej 4"'t TO: aanet Ruotsala, Clerk ty of Kenai . FROM: imothy J. Rogers, city Attorney City of Kenai DATE: March 26, 1990 RE: Vesta Leigh v. City of Kenai, a Municipal corporation and Richard Ross, in his personal capacity. Case No. 3KN-88-245 CS. Attached please find a copy of a letter indemnifying Chief of Police, Richard Ross in the above -referenced matter. Reference was made to the indemnification, entering the letter on record, during the Attorneys Report at the December 20, 1989 Kenai City Council Meeting. Please file this letter with your minutes of the December 20, 1989 Council Meeting. Thank you. TJR/clf Attachment 1781-1984 CITY OF KENAI 01 210F1DA Ao .KmAI, ALA$KA. "611 TELEPHONE Zas • me FAX 907-M3014 November 3, 1989 Richard A. Ross, Chief of Police Kenai Police Department 107 South Willow Street Kenai, AK 99611 RE: Vesta Leigh v. City of Kenai, a Municipal Corporation and Richard Ross, in his Personal Capacity Case No. 3KH-88-245 CI. A summons and complaint in the above -entitled lawsuit have been served on you as a named defendant. The complaint alleges among other things, that in June, 1987, you wrongfully failed to hire Vesta Leigh for a position of Dispatcher/Clerk in the Kenai Police Department. The complaint seeks compensatory damages and alleges conduct which, if proved, could result in an award for punitive damages. Pursuant to the provisions of the Kenai Municipal Code, the City will defend you in this action and pay any judgment of compensatory damages that might be awarded against you._. The..City of Kenai has agreed to pay on your behalf, any award for punitive damages. That decision was made by the City Council at their regular meeting of October 4, 1989 during an executive session which was also attended by the City Manager, the City Attorney, and you. During that executive session, all. aspects of.°the . lawsuit were fully disclosed to the City Council and they had an opportunity for inquiry. The Council then. unanimously agreed that, regardless of any potential judicial determination, you 1. acted in good faith within your scope of employment; 2. were neither negligent nor reckless in your actions regarding the subject matter of the lawsuit; 3. acted in the best interest of the City.of Kenai._ For the above reasons, the City Council of the City of Kenai found it to be in the best interest of the City of Kensi.to.agree to pay all compensatory or punitive damages which may be awarded against you. Richard A. November 3, Page 2 of 3 Ross, Chief of Police 1989 The City Attorney's office will represent you in this lawsuit. If at any time, you desire to have private counsel defend you in this action, please inform the City Manager and City Attorney, in writing, of your desire. Arrangements will then be made to acquire private counsel for you at the City's expense. CITY OF KENAI Wm. Brig on City Manager 1/Avy Hal Smalley, Date C,P%nc:L1 rwrober / Art McC& sey, Councilmember Date (un it 10/3/89) CITY OF KENAI ' Ti thy` Rogers C y Attorney Ra and Meas es, a e Vice Mayor arj CPRe3Tlly, Da e uncilmem L' da Swarne , Date Councilmember I was not in attendance at the 10/4/89 Executive Session because it preceded my tenure as a Councilmember. I have, however, familiarized myself with the instant litigation. I have had the. opportunity to confer with Council Members, the Mayor, City Manager, Police Chief and City Attorney. I �&Cd& „ (00agreeff OR "do not agree") with the decision as stated in this document. Kevin Walker Date Councilmember (as of 10/11/89) I I Rj,chard A. Ross, Chief of Police November 3, 1989 Page 3 of 3 I hereby request the City.Attorney's office to defend me with the knowledge that in the event a judgment is,rendered against me, it will. be the responsibility ' of the City of Kenai to pay said judgment, including any compensatory and punitive damages which may be awarded, because the City Council of.the City of Kenai, acting in its sole discretion, found all of the three criteria on page. one hereof to exist. DATED: ! I7 40 • Richard A.---Ikoss, Chief of Police D