HomeMy WebLinkAbout1988-05-18 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR NEETING
NAY 180 1988 - 7:00 PM
A.
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
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4. Consent Agenda
*All items listed with an asterisk M are
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considered to be routine and non -controversial by
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the Council and will be approved by one motion.
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There will be no separate discussion of these
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items unless a Council member so requests in
which case the item will be removed from the
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Consent Agenda and considered in its normal
sequence on the agenda as part of the General
Orders.
B..
SCHEDULED PUBLIC COMMENT (10 Min.)
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1. Sylvia Johnson, Council on Aging - Expansion of
Senior Center and Parking Area
C.
PUBLIC HEARINGS
1. Ordinance 1257-88 - Amending Kenai Municipal Code,
Title 1 - Increasing Amount of Time Acting City
-
Attorney Must Serve Prior to Being Entitled to
Minimum Salary for City Attorney
2. Ordinance 1258-88 -Amending Kenai Municipal Code,
Title 23 - Addition of Deputy City Attorney
3. ordinance 1259-88 - increasing Rev/Appns - Library
Donations - $1,700
4. Resolution 88-39 - Setting Percentage of Fair
Market Value for Lease of City Lands
5. Resolution 88-40 -Awarding Project, Concrete for ,.
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Fuel System & Repairs at Public Facilities - Mack
Masonry - $8,060
6. *Application for New Liquor License
Katmai Motel -.
D.
COMMISSION/COMMITTEE REPORTS
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1. Council on Aging
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-2.-- -Airport, _Commission .__.. -- - - ---- ------ - ---- ---
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3. Economic Development Commission
Commission
-4.___ _Harbor
5. Kenai Bicentennial Commission - --
6. Library Commission
7. Recreation Commission
S. Planning & Zoning Commission
9. Misc. Comm/Comm
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E.
MINUTES
1. *Regular Meeting, May 4, 1968
F.
CORRESPONDENCE
1. *National League of Cities - Newsletter
2. *Larry Porter - Student Government Day
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G.
OLD BUSINESS
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1. Section 36 - Rezoning and Vacation
2. Extension of Land Fill
3. Senior Center Work Shop
B. NEW BUSINESS
1. Sills to be Paid, Bills to be Ratified,
2. Requisitions Exceeding $1,000
3. *Ordinance 1260-88 - Amending Kenai Municipal
Code, Title 23 - Allowing Council Discretion of
So -tang Salaries of Exempt Employees
4. *Ordinance 1261-88 - Increasing Rev/Appns - Senior
Day Care Donations - $926
5. *Ordinance 1262-88 - Increasing Rev/Appns - Senior
Citizen Donations - $3,821
6. *Ordinance 1263-88 - Replacing Tables in Personnel
Regulations
7. *Ordinance 1264-88 - Adopting Budget, 1968-89
8. *Ordinance 1265-88 - increasing Rev/Appns -
Runway/Taxiway Overlay - $66,000
9. *dames of Chance & Skill -
Kenai Peninsula Professional Mortgage Women
10. Discussion - Whitney Foods Lease Agreement, Dock
station N2
11. Discussion - Additional Funds - Recreation Dept.
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3, Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCUSSION
1. Citizens
2. Council
K. ADJOURNMENT
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KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
MAY 18, 1988 - 700 PM
KENAI CITY HALL,,'.
VICE MAYOR RAY VXASLES PRESIDING
A. CALL TO ORDER
Vice Mayor Measles called the meeting to order.
A-1 Pledge of Allegianca
A-2 Roll Call
Presents Art MCComsey, Ray Measles, Chris Monfor,
Marj O'Reilly, Linda Swarner, Tom Ackerly
Absent: John Williams
A-3 Agenda Approval
a. Vice Mayor Measles asked that item B-2 (Marvin
Dragseth - Pipeline) be added.
b. vice Mayor Measles asked that item B-3 (Steve
Gregor, Last Frontier Ins. - City Insurance) be
added.
as Vice Mayor Measles asked that item 9-4 (Andy
Sarisky, Attorney - Salaries) be added.
d. Vice Mayor Measles asked that Substitute Res.
88-40, distributed this date be added to item C-5.
e. Vice Mayor Measles explained that material for
item G-1 (Section 36 - Rezoning & Vacation) is
being prepared for distribution this date.
f. Vice Mayor Measles asked that item G-2 (Extension
of Land Fill) be deleted.
g. Vice Mayor Measles noted packet of material
distributed this date relating to agenda items,
and asked that the seven PO's included in that
packet be added under item H-2 (Requisitions
Exceeding $1,000).
MOTION:
Councilman Ackerly moved, seconded by Councilman
McComsey, to approve the agenda as amended.
Motion passed by unanimous consent.
Vice Mayor Measles noted amendment to item C-3 (Ord.
1259-88), distributed this date, will be brought
forward as a substitute, not an amendment.
A-4 Consent Agenda
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Monfor, to approve the Consent Agenda as submitted.
Motion passed by unanimous consent.
B. SCHEDULED PUBLIC COMMENT
B-1 Sylvia Johnson, Council on Aging - Expansion of Senior
Center & Parking Area
Sylvia Johnson, President -Council on Aging, Box 152,
Kenai. She distributed a chart showing the growth of
the Senior Center in the last 5 years in number of
meals served per day. About 65 people per day attend
the Center. They had to send out for meals for the
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MAY 18, 1088
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Director and Assistant Director this date. There were
cars parked in the ditches this date, it is common in
the summer. The dining room and lounge are at
capacity.
Regarding the wood shop. if Council approved the
closure, they would like to convert it to another
lounge and small meeting room. It could be used by
many more seniors. She distributed a sheet showing
Kenai compared to other centers in the State. We are
4th, behind Anchorage and Southeast (there are many
centers under one umbrella in Southeast). The lower
Kuskokwim is 3rd, they are also satellite centers. We
serve an area of 30-40 miles.
Betty Warren, Vice President - Council on Aging, Box
116, Kenai. We have people from Seward that some once
a month, people from Cooper Landing and Nikiski. Mrs.
Johnson added, they are asking that the expansion be
listed on the City Capital Improvements List.
8-2 Marvin Dragseth, Royal Pacific Fisheries, Pipeline -
Mr. Dragseth introduced Jim Kross of Environmental
Services. He noted Royal Pacific employs 600 people in
the summer, 12-14 year round.
Jim Kross, Environmental Services, Anch. The pipeline
will be to discharge waste water to the Kenai River.
They have had a system for liquid waste to a subsurface
disposal system. The plant has outlived its usefulness
for this system. They want a high density plastic
pipeline to follow the highway. It has been approved
by Alaska DEC. It has all necessary permits from DOT
for State right of way. They have a permit from EPA
for disposal in the river. They only need approval
from the City to use the right of way for the pipeline.
it is similar to the one for the State and others. In
Dutch Harbor they transport a great distance to the
ocean. They all use the same system as this. It is
the only legal way to do -it. There are no adverse
effects. it is buried, over four feet deep. It is
used primarily in summer, it will be drained in winter.
it will be 4 in. pipe, the walls will be 1/2 in. thick.
Councilman Ackerly noted, there is corridor for
utilities, will that fit with these? Mr. Kross
replied yes, they will locate so they will not
interfere with existing ones. it will be separate from
other water supplies. councilwoman O'Reilly asked, if
-- -_ _ there is an accident,- is the City -held-harmless?- --Mr-
Kross replied, they can do that. They have a letter
- - -- - - - -from-the -company attorney -regarding -this. - It -is -.the
only access to the river. They will have to cross the
City street no matter what way they go. Councilwoman
O'Reilly asked, is there any cost to the City? Mr.
Kross replied no, they will pay for the permit. All
expenses are paid by the company. Atty. Rogers said
this is the first time he has seen the letter. He has
a memo in the packet (item I-3). What is the proposed
duration? Mr. Kross replied, it is undetermined. They
could limit to a reasonable time frame. They have no
other access to the river or a sewer treatment plant.
It is not typical for fish waste to be treated. There
is one in Palmer, one in Seward. Atty. Rogers asked if
i they had alternatives previously. Mr. Kross replied,
they allowed a ground disposal system previously. It
is limited in volume. They have a permit and can use
the facility, but it limits operation of the plant. It
has been needed for several years. Atty. Rogers asked
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NAY 18, 1988
PAGE 3
if they were a certificated company. Answer - no.
Atty. Rogers asked, how many lots are involved. Mr.
Kross replied, not more than 5. They are crossing some
private property. They have purchased one easement.
Atty. Rogers noted the City has had other requests for
use of public right of way, none has been granted.
Councilwoman Swarner asked if all the residents of
Pirate Lane had been notified of this. A
representative from Royal Pacific replied, not to his
knowledge. There will be two detours for less than one
day. It has been submitted to the City. Mr. Kross
added, in the course of this type of construction, it
is not common to notify residents. They are asking for
a decision this date. The fishing season is upon them.
The pipe is here. They have a limited time to get -
ready. This is normal use. it is a private company,
but not certificated. Councilman Ackerly asked Public
Works Director Kornelis if he had any problems. Mr.
Kornelis replied no, they only require an excavation
permit and construction requirements. Councilman
McComsey asked if they could have a hold -harmless
agreement. Atty. Rogers replied yes, and a durational
limit. Mr. Kross said they would be happy to provide.
The document he distributed states that. With
renewable periods in the time frame, it would be
appropriate. Atty. Rogers said he understood their
desire to amortize but he would insist on unilateral
revocation by the City. Mr. Kross said that would put
the company in a bind. The conditions are based on
access to the pipeline. The State will not allow them
to discharge in the old way. If they could not use the
pipeline, they would have to close down. He asked for
an agreement that would allow them to maintain use
subject to continued operation of the system that is in
compliance with the State and Federal permitso that
would resolve part of it. The limit would be a
hardship.
PUBLIC COMMENT:
a. Ron Sutcliffe, 2710 VIP, Kenai. The pipe on
Kalifornsky Beach is not plastic. They are
welded. Mr. Kross replied, that is conductor
under driveways on Kalifornsky Beach. State law
requires this.
Atty. Rogers noted this is precedent setting. An
operation outside the City will pipe into the City.
Councilwoman O'Reilly asked if there was another
option. -Mr.- Kr_ ass -replied-, their - only -alternative is - to truck from there to Kenai River adjacent to
-- - - Salamatof - - - The -cost -and--inconvenience -would-limit-
their operation. Councilwoman Monfor noted, when they
truck waste water, it would be bad if there was an
accident.
MOTION:
Councilman Ackerly moved, seconded by Councilman
McComsey, that the City enter into a legal agreement
with Royal Pacific Fisheries to be drawn up by the City
of Kenai, concerning the proper installation of a waste
disposal line to the Kenai River for a period of five
years with renewal options, and to include proper right
of way and placements, and hold harmless.
Councilwoman Monfor said she had no problem with the
five year period, will that prevent them from getting
State okay? Mr. Kross replied, that would depend on
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KENAI CITY COUNCIL MAY 18, 1988
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City stipulations. Atty. Rogers said he would
circulate the agreement to the Council before the next
meeting. Vice Mayor Measles noted this could delay the
project. it would suffice for Council to give
direction to Administration.
Council agreed with the recommendation of Vice Mayor
Measles.
VOTE:
Motion passed unanimously by roll call vote.
B-3 Steve Gregor, Last Frontier Ins. - City Insurance
Steve Gregor, Broker, Last Frontier Ins., 10543 Spur,
Kenai. On May 1, 1985 he received a hand out from the
City asking if he wanted to bid on the City insurance.
Another broker was selected. That would make it this
year that a broker selection would be due. He called
people in the City a few months ago and was informed
there would be no change in insurance. He employs
13-14 people in Kenai and is the largest in the nation
with Corroon & Slack. Why can't he compete?
Councilwoman Monfor said she was under the impression
we were going to open up for bid. A.tty. Rogers replied
they are a professional service. We could request
proposals. He is not aware of the situation, we could
discuss it with City Manager Brighton. Councilwoman
Monfor said council said to go out for proposals at a
work session. Mr. Gregor said the problem is, there
are two ways to handle, one is to have an exclusive
broker. Are all companies being approached by one
broker? He did not think they were. The City should
exercise all options. There is only six weeks till
insurance is renewed. That is a short time for
obtaining quotes. Does Council want us to just
approach those Waiters & Olson did not approach or go
to all? Atty. Rogers said it is not a bidding
situation, there are other considerations. Mr. Gregor
said the original stipulation was it would not be put
out. Should he wait till Council talks to Mr. Brown?
He will get the same thing. Atty. Rogers asked if he
was asking council to countermand Mr. Brown. Answer -
yes. Councilwoman Monfor said the insurance tkapany
says they can save the City $20,000 to $40,000. Mr.
Gregor explained, it is possible. He will not know,
but the City should find out. Councilwoman O'Reilly
- - -
suggested a memo from Finance Director Brown outlining
the procedure we do --now,- how -the broker -is -selected,
etc., before the next meeting.
Council agreed to the suggestion.
B-4 Andy Sarisky, Atty. - Salaries
Andy Sarisky, Kenai. He did not know the salaries
would be discussed at the May 4 meeting. it was the
last item of (new business) at the meeting. He has a
suggestion. The file shows three years ago when the
contract came up, he wrote a letter questioning this.
The Charter is very clear. The City Manager and City
Attorney are appointed and serve at the pleasure of the
Council. it came up once before. By gutting the
salaries for exempt employees, you will create it all
over again. You have controls in existence that have
been generated with a secret session. We read in the
papers of a contradiction in contracts. He has
provided Council with relative material - contracts,
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KENAI CITY COUNCIL
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MAY 18, 1988
PAGE 5
ordinance with salary schedule for exempt employees,
minutes of meetings regarding the severance matter in
the contracts, and two letters from him. They are
contradictory. Mayor Williams had said the contracts
do not talk about people quitting and getting severance
pay upon discharge. Councilman Ackerly stated on May
4, $20,000 was already earned. These are contracts
that speak for themselves. He supplied material, he
can do no more. He speaks as a public tax payer
regarding the give away of severance pay that was not
earned. If you have $50,000 to play with, give it to
the employees. He suggested getting an opinion from an
independent municipal lawyer and an opinion regarding
the Charter relating to contracts to avoid this in the
future. The salary schedule should be set forth by
ordinance. It is disconcerting to look at minutes of
meetings regarding severance pay. Councilwoman Monfor
had said when the attorney negotiated for three years
he asked for three months salary if he stayed for the
third year, if he stays on, he will not receive it.
City Manager Brighton had said he was not looking for
severance pay at the end of the contract, only if he
was terminated. The contract is not permitted in the
Charter, the City has no rights by the contract. The
courts cannot force them to work if they quit. The
ordinance said we would go to salary schedule at the
end of the contract. The ordinance says the City
Manager should receive $75,000, the City Attorney
$70,000. Now you are going back and filling in the
cracks after a secret meeting. The City needs a
determination of their contracts and an opinion of the
Charter. If you have this ordinance, the effect of
your ordinance is you are now increasing the salaries
of the City Attorney to $105#000 and the City Manager
to $138,000.
C. PUBLIC HEARINGS
C-1 Ord. 1257-88 - Amend. KMC Title 1 - Increas. Amount of
Time Acting City Attorney Must Serve Prior to Being
Entitled to Minimum Salary for City Attorney
MOTIONS -
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to adopt tho ordinance.
There was no public comment.
- - Motion passed-- unanimously -by roll call - vote.
-- - - -- - C-2-Ord.--1258-88 -- -Amend. -KMC-_Title 23 - Addition of Deputy
City Attorney
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
C-3 Ord. 1259-88 - Increas. Rev/Appns - Library Donations -
$1,700
MOTION:
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-KENA.'[ CITY COUNCIL - MAY is, 1988
PAGE 6
Councilwoman Swarner moved, seconded by Councilwoman
Monfor, to adopt the ordinance.
There was no public comment.
MOTION, Amendments
Councilwoman Swarner moved, seconded by Councilwoman
Monfor, to amend the ordinance to the corrected amounts
as distributed this date in the substitute ordinance.
VOTE, Amendments
Motion passed by unanimous consent.
VOTE, Main Motion as Amended:
Motion passed unanimously by roil call vote.
C-4 Res. 68-39 - Setting Percentage of Fair Market Value
for Lease of City Lands
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to adopt the resolution.
There was no public comment.
Councilwoman Swarner asked if she had a conflict.
Atty. Rogers replied no.
Motion passed by unanimous consent.
C-5 Res. 88-40 - Awarding Project, Concrete for Fuel System
& Repairs at Public Facilities - Mack Masonry - $6,060
MOTION
Councilwoman Monfor moved, seconded by Councilman
McComsey, to approve the substitute resolution for
$10,060.
There was no public comment.
Motion passed by unanimous consent.
C-6 Application for New Liquor License -
Katmai Motel
Vice Mayor Measles noted the State refers to a new
- - - - - -license-, - the-- Borough- to -a renewal. - -Clerk-RuotBala
replied, it is a new application.
Approved by Consent Agenda.
D. COMMISSION/COMMITTEE REPORTS
D-1 Council on Aging
None
D-2 Airport Commission
Councilwoman O'Reilly noted the commission needs three
new members. Clerk Ruotsala replied the Mayor has
scheduled this for the June 1 meeting.
D-3 Economic Develupment Commission
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KENAI CITY COUNCIL--
MAY 18, 1988 - - _ --- ----'
PAGE 7
None
D-4 Harbor Commission
Harbor Commission Chairman Quesnel reported.
a. He attended,a visitors forum at the Sports Center
last Friday. They were addressed by Federal and
State people. They are all looking forward to a
large increase its the number of tourists this
year. There will be 48 tour ships to Alaska, not „
all will come here. The National Park Service c-
will be spending much money on Exit Glacier and = -
Kenai Fiords. Not all tourists can be
accommodated in -Anchorage, they hope some will be -- ----- - --- -- -- -. -- ==
coming down here. What does Kenai have to offer
to bring tourists here? He asked the Clerk, whom
does he address his remarks to? We do not have a
commission regarding this. He left it to Council.
b. The Alaska Dept. of Fish & Game has new funding
for plans for access to the river. if we make an -
application we might get funds to up -grade
Cunningham Pk. He spoke to Public Works Director -
Kornelis, he will pick up on it.
c. The marine dock is looking good.
D-5 Kenai Bicentennial Commission
None
D-6 Library Commission
Councilwoman Monfor asked Library Commission Member
Brenckle to report on the law library.
Commissioner Brenckle, 502 Hemlock, Kenai. They have
formed a sub -committee to review the feasibility of a
law library being housed in the community library. it
will consist of Jeff Jefferson & Chris Schmidt
(attorneys), Ethyl Clausen & Emily DeForest
(librarians), Shannon Turner & Robin Turnbull (court
system), and Chris Malone & Gus Rodes (general public).
She will have a report for the November meeting. They
will meet once a month.
D-7 Recreation Commission
- Councilwoman Monfor- noted -the municipal- Park that was...._
to be a camper park. When will the City be in to
- - - ---- - -- - spruce it -up?._ - Recreation _Dl rector _ McGillivray _
explained, he has only three people working for him.
Little League and softball started early. He will get
to it as soon as he can. Councilwoman Monfor noted
Council made it a priority this year. Recreation
Director McGillivray said they have been making trash
runs.
Councilwoman Monfor noted three-wheelers have torn up
the Beaver Creek Pk. road. Mr. McGillivray said the
street dept. was to up -grade this date. The State took
the sand off the sidewalks and put it on the streets.
D-8 Misc. Comm/COmm
None
E. MINUTES
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CITY COUNCIL
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MAY 18,
1988
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E-1
Regular Meeting, May 4, 1988
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Approved by Consent Agenda.
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F.
CORRESPONDENCE
F-1
Natl. League of Cities - Newsletter
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F-2
Larry Porter - Student Government Day
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Approved by Consent Agenda.
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G.
OLD BUSINESS
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G-1
Section 36 - Rezoning & Vacation
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Council reviewed the minutes of the P&Z special meeting
of May 17, 1968, distributed this date. Vice Mayor
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Measles said the Borough gave us till the morning of
a
May 19 to make a protest.
MOTION:
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Councilwoman O'Reilly moved, seconded by Councilwoman
Swarner, that Council, on advise of P&Z, veto the
vacation plan.
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PUBLIC COMMENT:
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a. Sam McLane - McLane & Assoc., Representing Royce
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Roberts - Owner. The vacation was submitted March
8 to the Borough. Public notices were March 31
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and April 7. Certified mail notices were sent to
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adjoining land owners. The public hearing was
April 18. There were no objections at the meeting
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or by mail. Sufficient rights of way were shown.
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It passed unanimously. The municipality has 30
days to object. The City P&Z met April 27 to
consider this vacation or opportunity to object to
the Borough. The owners and firm were not
notified. He received a copy of the minutes May
17. There was a lot of confusion regarding the
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vacation plat, where screenings were, etc. The
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chairman wanted someone to be there. It was
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postponed and a joint work session was held May
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li. It was scheduled May S. In the April 27
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minutes it said the material was to be gathered.
The firm and owner were not notified. He received
a call from Planning Secy. Loper 9:00 AM, May 12
regarding the meeting previously held and the
special-mee May-11. He said he would -
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r. He had a ten minutes
contact the owner.
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discussion on the phone, Mr. Roberts was leaving
the State. Mr. Roberts requested --he go - the --the - - --
-- - - - - ---- --- �`---
meeting and have Atty. Rick Baldwin present. At
the meeting he answered questions as best he
could. He could not discuss the amendment of June
3. Before he could file the final plat they had
to vacate the right of way. They prepared a
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vacation plat. The easement on the original pate
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were shown. The new roads do not overlap the road
right of way. On the vacation plat, the new
screen easements are shown. The amount of
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screening easement is 1970 ft. The new amount of
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screening easement dedicated is 2344 ft., adding
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357 ft. of screening easement. There was quite a
bit of confusion regarding what was commercial and
what residential. Those dedications are on the
land use map. The June 3 meeting and passing of
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the ordinance approving the zoning amendment based
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KENAI CITY COUNCIL
MAY 18, 1988
PAGE 9
on filing of final plat went to the Borough. At
the time of filing the land use map carries zones.
The vacation map was reviewed, they did not know
what was residential and what commercial. It was
the same as last year with P&Z and Council. Some
commission members thought we were making a
change, but it -is- duplicate. He came to last
night's meeting. Planning Secy Loper said there
was concern regarding screening easements. That
was addressed April 1987 and was included in P&Z
and Council packets. The easement on the highway
thou ht a mistake was made
would be vacated. Some g --
last year when the ordinance was passed. He
cannot address that. The vote was 4-3 on P&Z,
Council was 5-1. There were no adverse comments
on three public hearings or in the Borough public
hearings. He feels that if the zoning amendment
is what they are trying to overturn, then the
ordinance should be addressed through standard
public procedures. The zoning amendment was
passed based on final filing of the plat. - - •- =
b. Blaine Gilman, Atty. Rick Baldwin's office, Kenai.
Section 1 of the ordinance adopted June 3, 1987
says, "Subject property consisting of those lands
depicted in Exhibits A described as Tracts D-1
through D-7, Dena'Ina Pt. Estates are hereby
rezoned to General Commercial at the time of
filing a final plat which will be outlined as in
Exhibit B, Concept Map". It was rezoned general
commercial upon filing of final plat. P&Z met May
17. The focus of the issue was lost, the
commission was to consider if rights of way and
easements should be vacated. This was decided by
Council June 3, 1987. Conversation at the meeting
was whether this should be reconsidered and be
residential. That is not within the scope of P&Z
power to consider. It is a question for the body,
it is .not an appropriate question for vacation
proceedings. Vice Mayor Measles had explained the
action of the commission as there was possibly
among the body a movement to rezone or reconsider
the ordinance. He was afraid if they did not act
tonight it would be automatically adopted by the
Borough. That is inappropriate use of the
process. If you are going to make a decision to
overturn an ordinance, that is what you should
have in front of you. It should not be in the
guise of vacation easement or right of way. Royce
- Roberts. has__gone--through All __proaedures at the
Borough, the integrity of the system requires' -
putting _-the cards on the table. If you want to
rescind an ordinance -it -should -be-. one - properly - - -
with more than two days notice. The owner does
not have vested rights with the ordinance. -It is
subject to rezoning, but there are procedures to
follow. He requested Council go against the
recommendation of the commission. What will
happen if you go along with P&Z? The Borough
ordinance says his client cannot come back within
one year. If you want more time to see if that
was the right decision, you could delay one year.
That is not a good result. The client came in
1987 for public hearing. P&Z and Council
approved. The ordinance would take effect on
filing of final plat. =�
Councilman Ackerly said he would vote against the veto.
He is not in favor of expansion but there must be some
other way to handle it. If we let this continue there
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KENAI CITY COUNCIL <<
MAY-18, 1988 - -
PAGE .10 i
is some vested rights by allowing it to occur. There
is property available in the business district. The
owner does not have any of that property. We are going
in the wrong direction. Councilwoman O'Reilly said her
problem is not with the vacation but with the rezoning. -
What part the veto would play in the scenario, Atty.
Rogers should state. AttyRogers said recent supreme
court cases have been finding taking by zoning. If
there aren't already vested rights, there could be
detrimental reliance as a result of vacation. t
Regarding appropriate proceedings. That may be true as
utilizing denial of vacation of easement " a means to
accomplish that would preclude the applicant from
proceeding and further rely on the ordinances as they
exist. You would diminish that reliance. Recent cases
from around the country say that for you to -zone an , - - ---- '"-
area more restrictive can be condemning in effect. It
is restricting powers of municipalities and zoning
because it does affect values of property. If it is
Council desire to disallow the request for vacation
because you will later change the ordinance, then do
not allow the vacation.
VOTE (Failed):
Yes: Measles, O'Reilly, Swarner
No: McComsey, Monfor, Ackerly
Vice Mayor Measles said the easement will be vacated „-..
Thursday at 9:00 AN.
0-3 Senior Center Work Shop
Councilwoman Monfor said Council has had a vote. The
majority ruled to close, is the work shop closed?
Program Director Porter replied yes. Councilwoman
Monfor asked if it was by City Manager Brighton's
orders. Answer - yes.
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to close the senior center work shop
permanently.
Motion passed by unanimous consent.
H. NEW BUSINESS
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Ackerly moved, seconded by Councilman
McComsey, to pay the bills.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
MOTIONS
Councilman Ackerly moved, seconded by Councilman
MoComsey, to pay the requisitions and add the seven
items given to us early this evening.
Councilwoman Swarner asked, what are Westlaw charges?
Atty. Rogers replied, the computer on-line time, the
1
KENAI CITY COUNCIL- --
MAY 18, 1968 r,
PAGE 11
computer research used in briefing. Most was foz•
utility relocations that we filed some time ago.
Motion passed by unanimous consent.
H-3 Ord. 1260-88 - Amend. KMC Title 23 - Allowing Council
Discretion of Setting Salaries of Exempt Employees
H-4 Ord. 1261-e8 - Increas. Rev/Appns - Senior Day Care
Donations - $926
H-5 Ord. 1262-88 - Increas. Rev/Appns - Senior Citizen
Donations - $3,821
11-6 Ord. 1263-88 - Replacing Tables in Personnel
Regulations
H-7 Ord. 1264-88 - Adopting Budget, 1988-89
H-8 Ord. 1265-88 - Increas. Rev/Appns - Runway/Taxiway
Overlay - $660000
H-9 dames of Chance & skill_ -
Kenai Peninsula Professional Mortgage Women
Approved by Consent Agenda.
H-10 Disc. - Whitney Foods Lease Agreement, Dock Station N2-
Public Works Director Kornelis explained, Whitney Foods
would like to waive the requirement for individuals to
sign the contract agreement. They are the 5th or 9th
largest seafood processor. They have sent the first
payment, by July 1 we will havo the majority of the
money and have minimum basic bid by July 15.
r•
MOTIONS
Councilman Ackerly moved, seconded by Councilman
Mccomsey, that the City waive requirements to Whitney
Foods only in relation to their dock lease in Station
N2 in 1988.
Motion passed by unanimous consent.
H-11 Disc. - Additional Funds - Recreation Dept.
Recreation Director McGillivray reviewed the memo and
added, there is money available in contingency.
Accountant Parnell added, Finance Director Brown had no - --
problem. Councilwoman Swarner noted they had to keep a
perwasson onelofein the the areasall. Mr. McGillivray (of cost). Councilwoman1S Swarner
ner
asked if he budgeted additional for next year. Mr.
McGillivray replied yes, they have softball every other
- week this--year--(a total --of nine) ._ _ -Last _year they had
6-7. Councilwoman Swarner said as of Jan., the income
was- not --as- lucrative_ as projected._ is there any change
and has he come up with any ideas. Mr. McGillivray - -- t
replied no, he suspects it is because of the economy.
Councilwoman Swarner suggested he decrease the rates.
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
O'Reilly, to approve 68,000 for salaries to cover June
1988 in Parks & Recreation budget, money is available
in contingency.
Motion passed by unanimous consent.
I. ADMINISTRATION REPORTS
I-1 Mayor
�i
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KENAI CITY -COUNCIL
MAY 18, 1988
PAGE 12
Vice Mayor Measles said when Mayor Williams and City
Manager Brighton get back, he will ask for a work
session to discuss Ord. 1260-68 and other matters
thetordinance.eKThey couldiamend ithat thebnext with
meeting.
Council agreed to the request.
Vice Mayor Measles said Mayor Williams could set the
date.
I-2 City Manager
None
I-3 Attorney
Atty. Rogers spoke.
a. The legislative session was as reported by the
Anchorage papers. He took exception to the
statement that we got the shaft- other
communities got hurt more- That which we sought
is what we got. He will have a report from
Lobbyist Ashley Reed.
b. The personnel claim litigation is on the docket.
They have filed motions.
c. The Western Marine litigation was in Federal Court ,
May 17. They will amend to another party.
d. Memo to Economic Development Commission regarding
Annexation of Wildwood (item I-3). He and Finance
Director Brown made presentations to them.
at An eviction notice is in the packet for rnai.
Aviation - ' • y eV -vice% =,n a-; }ew.
f. Memo regarding Dragseth request for pipene is in
packet (item 1-3).
1-4 City Clerk
-.. _ . _ :.... . .... .. . ::
Clerk Ruotsala spoke.
4-- - -- - —
a. Kenai Borough -notice of objection to renewal of
liquor license for The Rig is in the packet (item
"
b. The Volunteer Appreciation Reception will be May
20 at Merit Inn. Some of the volunteers have
-':
suggested the date be moved up to accommodate the
----------.;'
fishermen.
a. Tho invitation to the Eagle scoutceremoniesfor -
Howard Beck was distributed. It will be the same
------ --- -- -=- -- - -
- _ -- - - -- -night as -the-Volunteer -Reception.--- -He built the----- - _ -- -- _---
�_
shelter at the Senior Citizens Center as an Eagle
project.
1-5 Finance Director
t
None
ti
1-6 Public Works Director
Public Works Director Kornelis spoke.
1 +
a. The bid for Cohoe is out.
..
b. They are setting the date for the swires work.
.
c. The float plane basin is under aonee
are se
d. The dock is operating full bore. We are selling
more fuel than anticipated.
I
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KENAI CITY COUNCIL
MAY 18, 1988
PAGE 13
e. The new cranes will be in Monday. They will be
installed in-house.
f. He advertised for a dock hand to pump fuel,
operate the crane and forklift. At range 1, $5.50
per hr. They have been advertising and have 12
applicants. He will be handling cash. Mr.
Kornelis has talked to City Manager Brighton,.he
may come back to Council. He is finding it hard
to find a person.
g. Councilman Ackerly asked if the gas price was
correct (as discussed May 4). Mr. Kornelis
replied there is additional tax. we got the price
froji the company, Vice Mayor Measles had said that
was wrong. We have set the cost for diesel and
gas, $1.16 per gallon for both. There is a marine
state tax. There is a possibility some people can
go back to the Federal govt. for rebate.
b.(contd) Councilman Ackerly asked about Swires. He
still has strong feelings that the Borough should
share in the project. They are sharing on Knight
Dr. in Soldotna. we should ask one more time.
Mr. Kornelis noted the last time we asked it was a
different mayor.
h. Councilman McComsey asked if we were going to
enlarge the senior citizens parking lot in-house.
Mr. Kornelis replied yes, we did last time. We
are trying to get the dock done first and we have
people out. We will do this summer.
1-7 Airport Manager
Airport Manager Ernst spoke.
a. The RFP (for overlay & taxiway A&B, phase 2
overlay taxiway C design) has been sent out, four
went out, he expects two to respond.
b. He has taken possession of a mounted wolverine.
It was at the Sports Center, donated to the City.
We are building a base for it.
c. We have three spaces for fish hauls and maybe one
more spoken for.
d. The float plane basin is coming along.
e. Councilwoman Swarner asked if the airport was
responsible for the sidewalks at the end of the
runway by the gate and the cemetery. one has
risen after construction of the runway. Public
-Works- Director---Kornelis replied he -will check .on.. _
it.
-- - - -f .---Councilwoman-Swarner.-sai d there is- -gravel on - the
sidewalk by the CAP driveway.
g. Vice Mayor Measles asked if there was an
indication from the Air Force that they would not
bring the jets down if there was gravel there.
Mr. Ernst replied he would assume they would not.
Vice Mayor Measles said one landed there recently,
a full stop landing.
J. DISCUSSION
J-1 Citizens
a. Program Director Porter. They were too busy to
have lunch at the senior center today. That is
why they sent out for food. (item B-1).
Regarding expansion of the senior center. Some
times there are not many people there. Between
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KENAI CITY COUNCIL
MAY is, 1968
PAGE 14 / t.
10:00 and 2:00 it is packed. They need expansion
very badly. There is not enough room in the
lounge. They have people waiting to play pool.
The card rooms and dining rooms are full. The
demand for services has increased. The estimated
cost would be $325,000, from figures from Bill
Kluge. The schematic for expansion to work with
is $4,650 fee. Council on Aging is asking for an
appropriation. _
b. Carmen Gintoli,-Architect, 117 Deepwood Ct.,
Kenai. He is leaving town. Council has been, very -
supportive of him, but this is financial. Th'4`
majority of his work is public. He is closing the
office. He has accepted a position in Florida.
The reason is because of family there. He thanks
Council for their support in the past.
J-2 Council
a. Councilman Ackerly said he is disappointed in the
legislative session. He is shocked at the
numbers.
b. Councilman Ackerly said we have three parents who
are City employees with children graduating: Val
Jones, Pat Porter and Rick Ross. "
c. Councilwoman Monfor said the videos of the City _....
are at the library.
d. Councilman McComsey said he was talking to Gary
Foster. He would like to get the feeling from
Council to see if he should continue to make a
camper park without a boat ramp or what. He would
like a work session.
e. Councilwoman Swarner noted the Fred Meyer article.
Is there any word about their intent? Answer -
no. Councilwoman Swarner asked if they were
current in their lease. Answer - yes.
K. ADJOURNMENT
Meeting adjourned
aatQ�9::50 PM.
Janet Ruotsala
City Clerk
i M-OVEd By councn
WE Gig r C[z1c