HomeMy WebLinkAbout1988-06-01 Council MinutesAGENDA
•
� ` �•'_
KENAI CITY COUNCIL -REGULAR MEETINd
„..
JUNE 1, 1986 - 7:00 PN
A. CALL
TO ORDER
1.
Pledge of Allegiance
2.
Roll Call
a. Resignation of Councilman Ackerly
b. Discussion - Selection of Councilmemher
�a
3.
Agenda Approval
4.
Consent Agenda -
*All items listed with an asterisk (*) are
- - — - -`
considered to be routine and non -controversial by
the Council and will be approved by one motion.
There will be no separate discussion of these
items unless a Council member so requests, in
`
• �-.�=
which case the item will be removed from the
Consent Agenda and considered in its normal
sequence on the agenda as part of the General
orders.
". .
B. SCHEDULED PUBLIC COMNENT (10 Min.)
?
1.
Royal Pacific Representatives - Pipeline Contract
-
C. PUBLIC HEARINGS
-
1.
Ordinance 1260-88 - Amending Kenai municipal Code,
Title 23 - Exempt Employees
'
a. Substitute Ord. 1260-88
2.
ordinance 1261-88 - Increasing Rev/Appns - Senior
r
Day Care Donations - $926
3.
Ordinance 1262-86 - Increasing Rev/Appns -senior
�n
4.
Citizens Donations - $3,821
ordinance 1263-88 - Replacing Tables in Personnel
Regulations, Title 23 - New Salary Structures and
1� -
5.
Hourly Rates
Ordinance 1264-88 - Adopting Annual Budget - FY
1988-89
i
6.
Ordinance 1265-88 - Increasing Rev/Appns -
}
Runway/Taxiway Overlay - $66,000
k
7.
Resolution 88-41 - Rate of Levy of Property Tax
for FY 1988-89 - 2.7 Mills
`.; --
L
.i
'
E.
F.
H.
v
8. Resolution 88-42 - Transfer of Funds - Parks Dept.
Personnel - $8,000
9. Revolution 88-43 - Transfer of Funds -
inspection/Survey - Coral & Cohoe - $12,320
10. Resolution 88-44 - Award Bid - Construction,
Drainage, Water & Sewer - Coral & Cohoe - Zubeck
Inc. - $243,904.25
11. Resolution 88-45 - Award Bid - Curb & Sidewalk
Repairs - Valley Concrete - $15,871.95
12. Resolution 88-46 - Authorizing Participation -
Grant Application - Developing seafood Industrial
Park
13. *Liquor Application for Restaurant/Eating Place -
Pizza Paridisos
COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Economic Development Commission
4. Harbor Commission
5, Kenai Bicentennial Commission
6. Library Commission
7. Recreation Commission
S. Planning & Zoning Commission
9. Misc. Comm/Comm
MINUTES
1. *Regular Meeting, May 18, 1988
CORRESPONDENCE
1. *Barbara Crane, Tundra Times - Thanks to Mayor
Williams
2. *Alaska C&RA - State Revenue Sharing Entitlement
OLD BUSINESS
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. *Ordinance 1266-88 - Increasing Rev/Appns -
Swires, Lawton - $823,000
F
4. *Ordinance 1267-88 - Amending Kenai Municipal Code
r_
a: Title 17 New Date of Application of Penalty and
i. Delinquent ent Water & Sewer Hills
• 4u
*dames of Chance & Skill -
�' Peninsula Learning Resources
6. Approval - Inspection, Survrjying, Testing -Coral
& Cohoe - Wm. Nelson & Assoc.
a 7. Discussion - Dena'Ina Pt. Estates Addition #1
Be Discussion - Schedule Wort; Session
a. Camper Park - Heaver Creek
-- b. New Building Function - Kenai Bicentennial
9. Discussion - Russian Orthodox Church Repairs
I. ADMINISTRATION REPORTS
1. Mayor
' 2. City Manager
3. Attorney
4. City Clerk
- 5. Finance Director
:• 6. Public Works Director
,. 7. Airport Manager
m
J. DISCUSSION
1. Citizens
2. Council
K. ADJOURNMENT
p
• n
-KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
JUNE 1, 1988 - 7:00 PM
KENAI CITY HALL
MAYOR JOHN J. WILLIAMS PRESIDING
A. CALL TO ORDER
A-1 Pledge of Allegiance
A-2 Roll Call
Presents Chris Monfor, Marj O'Reilly, Linda Swarner,
John Williams
Absent: Ray Measles, Art MCComsey
A-2a Resignation of Councilman Ackerly
MOTION:
Councilwoman O'Reilly moved, seconded by Councilwoman
Monfor, to accept the resignation of Tom Ackerly.
Motion passed by unanimous consent.
A-2b Disc. - Selection of Councilmember
Mayor Williams distributed a proclamation of thanks to
Mr. Ackerly.
Mayor Williams noted we have had many ways of
appointing a replacement for a Council member. Mr.
Ackerly has submitted a recommendation. Councilwoman
O'Reilly suggested waiting till all councilmembers were
here. Councilwoman Monfor said she did not think there
should be a vacancy longer than one more meeting. She
spoke to Sally Bailie, Mr. Ackerly had recommended her.
Mrs. Bailie said she would serve the balance of the
term but did not know about next Fall. She would like
someone with prior experience with Council. Mayor
Williams said it would be discussed at the June 15
meeting.
A-3 Agenda Approval
a. Mayor Williams noted amendment to Ord. 1264-88,
(Adopting Annual Budget) distributed this date.
It does not increase the budget, just a change.
Council approved the agenda as submitted.
A-4 Consent Agenda
s (� a. Mayor Williams asked that item H-3 (Ord. 1266-88 -
swires, Lawton) and H-4 (Ord. 1267-88 - Delinquent
Water & Sewer Bills) be deleted from the Consent
Agenda.
Council approved the Consent Agenda as amended.
B. SCHEDULED PUBLIC COMMENT
w B-1 Royal Pacific Representatives - Pipeline Contract
:.It,.....�� Atty. Rogers distributed the packet from the May 25
work session. He explained, this was discussed by
phone on May 31, they have resolved most of the
differences.
1
ti
�v1' Y
. KENAI CITY COUNCIL
I,
� - - —-------- -
JUNE 1, 1988
_
PAGE 2
Atty. Petumehos, representing Marvin Dragseth. He
reviewed the problems not resolved.
�. .
a. Royal Pacific is a corporation in good standing,
well capitalized. There is no reason Mr. Dragseth
has to sign personally. They requested it be
signed as a corporation. If they want to sell the
corporation, obligations and privileges would sell
with the business. Councilwoman Monfor noted
we have done it with other companies. Atty.
-
Rogers explained, in previous instances where a
corporate entity signed, the City had problems.
in the last 5-6 years he has always insisted on
individual signatories unless -authorized by
------- -_-- ---- `-=---------=
Council. Council has done that but only after
submittal of financial statement. There could be
substitution of personal signator for another in a
sale. The last instance where the signature was
waived was a New York corporation. Some have
refused because of public disclosure.
Councilwoman O'Reilly asked if we leave it as is,
--
what disadvantage would it be to Mr. Dragseth if
it is sold? Atty. Rogers replied we could
-"
substitute Mr. Dragseth's signature for a new
signature, that can release Mr. Dragseth's
signature. Councilwoman O'Reilly asked, can we
put in a clause to that effect? Atty. Rogers
replied yes, there are two reasons for not
_
requiring individual signatures. 1) To preclude
personal liability, and 2) Tax reasons. Only a
corporate entity would be responsible to the City.
Joe Kross, Engineer. This corporation, because it
is a licensed fish processor, provides Alaska
Dept. of Revenue a very complete report. It is
confidential public record with Dept. of Revenue.
it must be on file each calendar year. That is a
good show of faith of the company to pay their
obligation and withstand scrutiny. Atty.
Petumenos added, this is a small part of the
company. The newspaper article in the packet
implied a large amount of fish waste, that is
inaccurate. Mayor Williams asked, if the event of
-
company failure, who is the major part of the
financing? Atty. Petumenos replied, CFAB. Atty.
Rogers said if Council treats this differently
they may be called upon to do so again with those
that are not as solvent. (ex.: Far North Oil &
-
_ --Gas) - -Atty.-Petumenos-- said_ he __wou.ld _object- -to -any
comparison of this to a high pressure oil
_pipeline.__ftty_. Rogers noted he has drafted the
document so it could be used in the future or any"
�>>
other than certificated utilities. Atty.
Petumenos asked for language that the City agrees,
if sale of Royal Pacific or lease of operations,
that Mr. Dragseth will be released from
obligation. Atty. Rogers said there is no need
for additional language, the City still has
discretion to let Mr. Dragseth off. Mayor
Williams explained, we just want Mr. Dragseth to
sign as being personally responsible. When he
sells, we write a release and the next person will
be responsible. Atty. Petumenos said they are not
asking for a line, they are asking for a permit on
the right of way. Limiting it to New York stock
exchange is overly restrictive.
Marvin Dragseth, Royal Pacific Fisheries. The
-
permit was approved by Dept. of Transportation and
rf:
KENAI CITY COUNCIL
JUNE 1, 1.988
PAGE 3
b.
Dept. of Environmental Conservation. if you can
supply them with enough material, it should be
good enough for. the City. He can submit a
financial statement but not for publication.
Mayor Williams said we are talking about bringing
a pipeline out of the City into the City. We will
be responsible if there is a problem with the
neighborhood. Mr. Dragseth asked if the City
required this of the four other processors. Mayor
Williams replied none run across City property.
Mr. Dragseth replied, then lease him the right of
way. Atty. Petumenos asked if you have insurance
provided and cash bond, would that be more secure?
Councilwoman Monfor asked, how many months per
year would this be used? Mr. Dragseth replied,
April 1 to Sept. 15. Councilwoman Monfor noted,
this is just waste water. Mr. Dragseth added, 90%
of it is in a short period. Mayor Williams asked,
what if there is a major leak? Engineer Kross
replied, it is high density polyethylene line,
capable of 300 psi. The pipeline will be purged
with air in the Fall, the system will fully freeze
and expand without breaking. it is purged with
fresh water and air. The chances of malfunction
are remote. if a contractor breaks the line, it
will be repaired at the time of excavation. In
the Spring it will be purged with fresh water. A
meter will show if all comes out. They have been
designed for this. Councilwoman O'Reilly said one
of the reasons for approval was Mr. Dragseth. He
has a wonderful reputation. We don't know the new
buyer. City Manager Brighton said if this were a
new company trying to determine if they were going
to do something here, this Council would bend over
to provide economic incentive to get them here
instead of somewhere else. This is a local
industry, it provides substantial jobs. Most of
the money is in the local area. if they went
bankrupt, Public Works could dig it up in two
days. From an exposure standpoint, this is
insignificant from the overall view. The facility
is outside Kenai, but Kenai benefits
substantially. To get hung up on this single
clause is silly. The exposure is not there from
the standpoint of going out of business and the
City monitoring the line.
Atty. Petumenos. The fee amount (item B) was left
blank, it was never discussed. Atty. Rogers
explained; --that -was-a -gratuity on -his part- in _case
Council thought of something. Councilwoman Monfor
-----said--the- money- may--not.-be._appropr_iate,_ but a
donation of fish to the Chamber of Commerce for
July 4 would be wonderful. Mr. Dragseth asked,
how much? Councilwoman Monfor replied, up to
1,000 lb. Mr. Dragseth suggested $400 per month
from now on. He explained, he did not have a
problem, it was just the way it was brought to
him. Atty. Petumenos said the State filing fee is
$400. He suggested that amount on one time. Mr.
Dragseth said he heard this three days ago, he
does not want it in the papers. He will give the
City more than 100 lb. Councilwoman O'Reilly said
we don't need this in the permit. Councilwoman
Monfor suggested taking it in pounds of fish, not
dollar amount. Mr. Dragseth said, up to 400 lbs.
of sockeye.
i
n�.
n
-
KENAI-CITY COUNCIL
JUNE 1, 1988
PAGE 4
c. Atty. Petumenos referred to renewal. (item C)
Atty. Rogers explained, a five year term with one
year renewal for 10 years. He arbitrarily capped
10 because otherwise it was in perpetuity.
Councilwoman swarner asked, what is the projected
life of the plastic? Engr. Kress replied,
indefinite. It has been on the market for 30
years. Enstar uses it for their high pressure
lines.
d. Atty. Petumenos referred to reservation of rights.
(item G) He requested it be stricken, it says the
City can take away their ability to take water
from the river. His concern is that it leaves
them in an uncertain situation. That is not
normally done. It makes it hard to know where to
go. Mayor Williams said the same clause is in the
State grant. Engr. Kress said the state allows a
person in the right of way to have certain rights.
Kenai does not have this, it is the only pipeline
in the area. Atty. Rogers replied the City is
subject to covenants of good faith, their action
cannot be unreasonable or capricious. They have
litigated right of way relocation extensions. The
City is not taking a harsher stance than
relocation of certified utilities. They have been
in the Supreme Court regarding this. Mr. Kress
said it does not offer them an opportunity to
protect the plant to operate. If for some reason
the City decides to preclude them from using it,
it stops up from operating. The courts are useful
but there is a time frame. Atty. Rogers replied
we have 30 days required to go to Council or
pursue administrative remedy or legal. Atty.
Petumenos asked to extend to 120 days. He
explained, if you asked us to remove in the
fishing season, it would destroy the season. They
need time to find alternatives. Atty. Rogers said
30 days was for two Council meetings. 45 would be
more appropriate for time on the end of two
Council meetings. Atty. Petumencs explained, it
is not legal but a practical engineering problem.
That is not enough. Atty. Rogers said it should
be solved during the same fishing season. He is
looking at the construction season. Mayor
Williams said we have spent thousands of dollars
regarding utilities. We will not back up now, we
have almost won. There is close to $1 Million
liability._ Atty. Petumenos said 120 days would be
the fishing season. Mayor -Williams - said the -City
knows one year in advance if major construction
— - - -- - will --be -done—in-an area-0 Mr. - Kress--said-120--days - --
would give t.taem time to work before shutting down.
Mayor Williams asked Public Works Director
Kornelis, with the time element, is there a major
problem with 120 daysT 'Ar. Kornelis replied, some
times they do not know what project they will do
till just before they do it. Because of the cost
of relocation, utilities will not do anything till
Council approves. some times it is less than 30
days. This will be out of the right of way and
will not be a problem. The only problem is if the
contractor goes in and there is a utility in the
way, there is a conflict. Council agreed to 120
days.
e. Atty. Petumenos noted Right of Entry. (item Q) He
has no problem with granting the City right of
A
:..
._.,>
ti
o
i
rr
��
KENAI CITY COUNCIL -
JUNE 1, 1988
PAGE 5
f
way. It asks for indemnification of costs of any i
delay caused by work done under this permit. If Ij
anyone spends more time than planned, Royal
Pacific would have to pay. Any contractor should
plan for the existence of pipe, Delay costs in
construction can be enormously high. If the
contractor fails to anticipate the existence of
pipe, even with their negligence, Royal Pacific
must pay. Atty. Rogers said indemnification would
be only if the City would have to pay. He cannot
envision where the City would have to pay for
one's negligence. If the City was to pay for
construction delay, it would be as a result of
something other than contractor negligence. It
would be a result of the pipeline not being put in
pursuant to specs. Atty. Petumenos asked that the
permit say that. He added, item T says it is in
conformance. Atty. Rogers said he cannot
anticipate all circumstances. if it pertains to
Royal Pacific pipeline, it says they will pay the
City. Mayor Williams said the City must be
Indemnified for all problems not of City making.
Atty. Petumenos said the wording says Royal
Pacific will indemnify the City or its contractors
on anything that will delay. He has never seen an
indemnification clause such as this, regardless of
fault, they have as -built surveys filed. He would
have to pay regardless of how much he has done
right. He suggested it be tied to item S, "Royal
Pacific agrees to indemnify the City and
contractor to cost tangible and intangible as a
result caused by failure to file accurate as -built
upon completion of improvements." That would
limit their indemnification to acts they can
control. Atty. Rogers replied he cannot address
all scenarios the City may be brought in relative
to this. It could be put in pursuant to as -built
and engineering. But there could be a defect in
the pipe, etc. Atty. Petumenos noted the City
could be absolutely risk -free by denying the
permit. They wish to be responsible for anything
that they do. Their concern is the way it is
drafted. They have no control over
indemnification. There is a difference between
when they do something wrong and something caused
by a project.
Atty. petumenos referred to Previous Easements and
Utility Permits. (item R) They don't mind being
subordinate -to certificated -utility- but -they -grant
them to try to reasonably accommodate us if they
- - -can-.---- His suggestion just asks_ the _utility-- to -try
to accommodate. Mayor Williams said the City has
a streets and sidewalks ordinance that delineates
where utilities will go. Representative from
Royal Pacific: Plans by engineers are submitted
to the City Public Works Dept. and lines are
negotiated to take that into consideration. The
company will locate in the field, register the
drawings. it is wrapped in wire so it can be
located. Public Works Director Kornelis asked if
they would have a local porson to locate the 3.ine.
Answer - yes. Atty. Rogers said the reason for
subordination is this is to accommodate
certificated utilities because they are essential
services. (water & sewer, gas, electricity) He
has circulated the draft to the utilities and will
circulate any changes to them. Atty. Petumenos
asked if he circulated his amendments. Atty.
li
,I
.
AE•
I
KENAZ -CITY COUNCIL --' -- -- -- -----
JUNE 1, 1988
PAGE 6
Rogers replied, he distributed the whole packet.
Mayor Williams said the area has expanded, there
may be water & sewer eventuallye it will fall on
the City to be sure utilities follow this plan.
Loyal Pacific is not a certificated utility, they
would be subject to moving their location in favor
of a certificated utility. Councilwoman Monfor t
said in 20 years they will probably have -
technology that this will be obsolete. The City
could remove in two days. Public Works Director
Kornelis said there is no place in our ordinance for private utilities, but they have a section for _1<
°-utilities outside of assigned areas. Atty.
Petumenos said there are reasonable alternatives. �:..
Atty. Rogers said he had a problem with --- - ---- — -- — -
determination of reasonable and unreasonable. He
suggested a clause making the City the determinate - -
party to require relocation, not necessarily at
request of the utilities but if the City finds it
reasonable. Atty. Petumenos said they want it
clear that they can raise the issue that we have a
right not to be treated capriciously. The City is
taking their ability to litigate on their own
sted stating
point from them. Atty. Rogers sugge ,
"action hereunder by the City shall not be
arbitrary, capricious or unreasonable."
g•. Atty. Petumenos noted insurance. (item 0) He
proposed $5,000 cash bond. He noted they have the
same insurance broker. Atty. Rogers said we need
a comprehensive liability amount, he will call
Walters & Olson for that. He added, the term of
deposit is the term of renewal. $5,000 is
indemnity in event of a spill. Mayor Williams
asked if there is $1 Million general liability in
addition. Atty. Rogers replied yes, but it covers
accidents, exclusive of spills, pipelines, etc.
There is no pollution insurance. Atty. Petumenos
said you are dealing with water, not a hazardous
substance. it is the best possible way ito dispose
0
of it. Representative from Royal Pacif c: -
Because this is permitted by the U.S. and the
State, the company is held liable for removal and
clean-up and indemnification. There is no limit
of liability except the worth of the company. it
is in the Federal discharge permit. Atty. Rogers
asked if he could forward a copy of this to the
City. Answer - yes. Atty. Rogers explained, that
was the reason for the cash bond. They also
discussed monitoring visually on a daily basis.----
- -- - -
Representative from Royal Pacific: The Feds and
- -- - State- require -monitoring -discharge and- a yearly_ - - - - ,- --- --- - - — -- --- ---
report. He will send that to the City. Atty.
Rogers said he would add an addendum as a separate
paragraph regarding $5,000 cash deposit with NBA,
term of permit to cover any breach of the
agreement.
a. Signators. Mayor Williams suggested it be subject
to their presenting to the Public Works Dept. all
necessary permits and applications, presenting to
Atty. Rogers the insurance policy and proof of
bond. When approved, the City will allow a
corporate signature instead of Mr. Dragseth.
Atty. Rogers replied he -had no problem, he asked
that Council be consistent in the future. He did
not see a massive liability in this case.. f
.. - 71 ---
,.— -. .. ..-n-„ter-r--ur. C•�s�
a
KENAI CITY COUNCIL
JUNE 1, 1986
PAGE 7
e. Right of Entry. Atty. Petumenos said he did not
object to acts of omission, negligent design or
construction or filing on their part - they can
protect themselves. But indemnification should be
tied to design, construction and placement by
them.- Atty. Rogers said that is in addition to
the general indemnification clause because of the
unique character of public right of way. The City
acquiescence would allow private companies in
public right of way. Councilwoman O'Reilly said
the last clause in item Q does what they want. It
is work that they are responsible for. Atty.
Petumenos suggested adding, "by Royal Pacific
Fisheries, Inc." after the word "permit." Council
agreed to the request.
Atty. Rogers reviewed the changes: Page 1 and
throughout the document it will be drafted to Royal
Pacific Fisheries Inc. Item B will be up to 400 lb.
sockeye reds, amounts determined by the City. Item C
will be renewal for ten years with additional renewal
for the same percentage. Change 1993 to 1998 in two
instances. Item G, change 30 days to 120 days two
times. item H, the pipeline shall be removed -within
one year of abandonment (This was not discussed by
Council, but agreed) or non -consent of sale. Item 0,
the amount of liability is $5,000 cash bond posted with
NBA through the term and renewal with interest payable
to Royal Pacific Fisheries Inc. item Q, add, "by Royal
Pacific Fisheries Inc., agents, consigns,
subcontractors" to the and of the paragraph. Item R,
line 5, after the word "utility," add, "if required by
City." Add, "by the City" at the end and add the
sentence, "Action by the City shall not be arbitrary,
capricious or unreasonable." item (inaudible)
Councilwoman O'Reilly suggested item H, remove Mr.
Dragseth's name. Atty. Rogers replied he will change
in the whole thing, as well as the changes agreed
before.
MOTION:
- - -- = Councilwoman Monfor moved, seconded by Councilwoman
== O'Reilly, to accept the contract between the City and
Royal Pacific Fisheries Inc. with amended changes
} discussed this evening and those already made by Atty.
:�.
Rogers and Royal Pacific Fisheries Inc. attorney.
� __.Motion _passed _by unanimous consent.
Atty. Rogers said he could have it completed by June 2.
- -- - - -
:. -- - - - - - Councilwoman- Swarner-noted-the fish -are -not for the -- - - -- -
senior citizens, but for the City.
C. PUBLIC HEARINGS
C-1 Ord. 1260-86 - Amend KMC, Title 23 - Exempt Employees
a. Substitute Ord. 1260-88
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to adopt the substitute ordinance as
submitted.
MOTION, Withdraw:
Councilwoman Monfor, with consent of second, withdrew
her motion.
KENAI CITY -COUNCIL -
JUNE 1, 1988
`
PAGE 8
MOTION %
-
If
' �,
Councilwoman Monfor moved, seconded by Councilwoman
i!
O'Reilly, to adopt the ordinance.
-'
MOTION, Amendment:
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to adopt the substitute ordinance as
-
submitted that deletes all in caps.
TT-
---"�-
There was no public comment.
--
- -
VOTE, Amendments--
__._:
Motion passed unanimously by roll call vote.
VOTE, Main Motion as Amended%
Motion passed unanimously by roll call vote.
C-2 Ord. 1261-88 - Increas Rev/Appns.- Senior Day Care
:-_:;
Donations - $926
-
MOTION:
:
`.
Councilwoman O'Reilly moved, seconded by Councilwoman
Monfor, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
.;-
-
C-3 Ord. 1262-88 - Increas Rev/Appns -Senior Citizen
Donations - $3 ► 821
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-4 Ord. 1263-88 - Replacing Tables in Personnel Regs,
Title 23 - New Salary Structures and Hourly Rates
ON
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to adopti the ordinance-* - - -- - - - - - - - ---- - -- -- -- - - - -
There was no public comment.
Councilwoman Monfor noted this is for the 4% increase
to the employees.
Motion passed unanimously by roll call vote.
C-5 Ord. 1264-88 - Adopting Annual Budget - FY 1988-89
MOTION%
Councilwoman O'Reilly moved, seconded by Councilwoman
Monfor, to adopt the ordinance.
There was no public comment. :
t
. KENAI CITY COUNCIL -
JUNE 1, 1988
PACE 9
MOTION, Amendment:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to amend the 1988-89 Annual Budget by
increasing personal services accounts in the Boating
Facility Fund by $6,908, with a similar reduction in
the contingency account.
VOTE, Amendment:
Motion passed unanimously by roll call vote.
Councilwoman Monfor noted there is no one from the
public here. Mayor_Willia_me added, it is less than
last year and the citizens have gotten a real dollar
reduction even though the mill rate remains the same.
VOTE, Main Motion as Amended:
Motion passed unanimously by roll call vote.
C-6 Ord. 1265-88 - Increas Rev/Appns - Runway/Taxiway
Overlay - $66,000
MOTIONS
Councilwoman O'Reilly moved, seconded by Councilwoman
Monfor, to adopt the ordinance.
There was no public comment.
Councilwoman Monfor asked, what does this have to do
with the money we have saved from the airport terminal
renovation? Airport Manager Ernst replied, this is AID
money and cannot be used for terminal renovation.
Mayor Williams said he has been discussing this with
Sen. Stevens and will send this to him. One of the
things brought up was whether the runway was of
sufficient strength to hold aircraft. Sen. Stevens
said he would be willing to advance funds as needed.
Mayor Williams will suggest it be used to extend the
runway.
Motion passed unanimously by roll call vote.
C-7 Res. 88-41 - Rate of Levy of Property Tax for FY
1988-89 - 2.7 Mills
- - - - - MOTION S
_councilwoman_ Monfor moved, seconded by Councilwoman
Swarner, to adopt the-resolution-0 -- - -
There was no public comment.
Councilwoman Monfor said the mill rate will be 2.7
mills once again. Councilwoman Swarner added, this
includes the fire service.
Motion passed by unanimous consent.
C-8 Res. 88-42 - Transf of Funds - Parks Dept. Personnel -
$8,000
MOTIONS
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to adopt the resolution.
�� J
• KENAI CITY COUNCIL
JUNE 1, 1988
PAGE 10
There was no public comment.
Motion passed by unanimous consent.
C-9 Res. 88-43 - Transf of Funds - Inspection/Survey -
Coral & Cohoe - $12,320
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to adopt the resolution.
There was no public comment.
City Manager Brighton said this is not the total -funds
needed for that job. The total is $33,000, 14% of the
cost of the project for inspection, survey and testing.
This will be the highest we have paid. Public Works
Director Kornelis had said costs were predicated on
expected costs of the project. They are lower. He
asked Mr. Kornelis to ask Mr. Nelson to pro -rate on the
basis of actual cost. He was unable to contact him.
Councilwoman Monfor asked, what would happen if we did
nothing? Mayor Williams said we can give him this
amount, just "bag" item H-6. Public Works Director
Kornelis said 10% to 12% is normal. The price is dated
May 19, the bids were May 26. The engineers estimate
was $321,000, 12% of that is $38,000. He figured 10%
of the engineers estimate.
Motion passed by unanimous consent.
C-10 Res. 88-44 - Award Bid - Construction, Drainage, Water
& Sewer - Coral & Cohoe - Zubeck Inc. $253,904.25
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to adopt the resolution.
There was no public comment.
Mayor Williams noted we are about 25% under engineers
estimate.
Motion passed by unanimous consent.
C-11 Res. 88-45 - Award Bid - Curb & Sidewalk Repairs -
Valley Concrete - $15,871.95
MOTION:
---- - - -- -- - - ------ -- --- -
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to adopt the resolution.
There was no public comment.
Councilwoman Swarner asked, where is Valley Concrete
from? Public Works Director Kornelis replied, they
have a Nikiski address, they operate all over the
Statee it may be out of State. Councilwoman Swarner
asked if they have worked for us before. Answer - no.
Councilwoman O'Reilly asked if this was general repair.
Mr. Kornelis replied, he told them the areas, but he
a
will review. Councilwoman Monfor said we know nothing
about them. Kenai Masonry is local and almost the
same. Mr. Kornelis explained Valley Concrete said he
bid this to make wages to keep his crew busy till a new
Job is ready. We will not pay till it is done right.
M
331!
�f
KENAI CITY COUNCIL
JUNE 1, 1988
PAGE 11
Councilwoman Swarner asked if he has seen any of the
work he has done. Answer - no. Councilwoman Swarner
asked, when is this to be done? Mr. Kornelis replied
he did not remember. Councilwoman Swarner said if they
decide not to do it, will we have time to get it done?
Mr. Kornelis replied yes, it will be less than one
week. Councilwoman Swarner asked if they were going to
ao by the library. Librarian DeForest said she has a
piece of sidewalk out. Mr. Kornelis said he has
painted areas red, he will check this.
Motion passed by unanimous consent.
C-12 Res. 88-46 - Authorizing Participation - Grant
Application - Developing Seafood Industrial Park
MOTION:
Councilwoman O'Reilly moved, seconded by Councilwoman
Monfor, to adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
D. COMMISSIOIT/COMMITTEE REPORTS
D-1 council on Aging
Councilwoman Swarner said they are selling cook books
they have prepared. Program Director Porter said
evaluations of the two grant applications are in the
packet. (items Info 9 & 10) She is going to Anchorage
for review June 2. Councilwoman Swarner noted the cook
book was printed in Alaska.
D-2 Airport Commission
Mayor Williams said he will be filling the empty slots.
He will be putting together a military affairs task
force. It may also mean a change in the ordinance. He
wants to replace the absent seats with retired military
officers. He suggested a meeting the morning of June 4
for breakfast. Council is invited.
D-3 Economic Development Commission
Mayor Williams said the annexation report will be at
the June 15 meeting.
D-4 Harbor Commission
- --Councilwoman Monfor noted -there-is -no-ad hoo-memberfor - the Harbor Comm.
D-5 Kenai Bicentennial Commission
Councilwoman Monfor said they requested a work
session. (item H-8) She would like to wait till after
the next Bicentennial meeting.
D-6 Library Commission
None
D-7 Recreation Commission
Mayor -Williams said we have 11 people appointed for the
People Count program. They will have two for the Rec
.-1,
i
WAA
-KENAI CITY COUNCIL
JUNE 1, 1988
PAGE 12
Dept. He will be acting on behalf of the Chamber of
Commerce and Fine Arts Council, they will be part of
our count.
D-8 Planning & Zoning
None
D-9 Misa Comm/Comm
a. Beautification Comm. Councilwoman Swarner
reported there was a meeting May 31, they reviewed
k C i lwoman - . - - - -
"
the dedication of the Aemorial Par Dune
Monfor asked if this is a rededication of the
— - - -
veterans Memorial. Mayor Williams said this -
should be stated in the program. He added, the
- :
fly -over will not be done. Councilwoman Monfor
y
asked if there was a plan in case of bad weather.
Mayor Williams replied, the refreshments will be
served indoors and the speakers will be under the
-°
gazebo.
- - -
b. Beautification Comm., the Welcome to Kenai sign.
'
Mayor Williams said he was told that the cost of
the sign we have now was $5,000, is that correct?
Public Works Director Kornelis replied they paid
$3,400 for the double sided sign at the dock. This
-" -
should be less. Councilwoman Monfor said she
hoped we did not do anything till the Bicentennial
logo is done. Mayor Williams said he put out an
RFP. We are still in the vacillating stages of a
special session of the legislature. If this comes
'
about, he had figured a new sign in this.
Councilwoman Swarner explained the concern of the
Beautification Comm. is that after this is
landscaped, it should be left as is. They do not
have to re -do it. Librarian DeForest noted the
library sign was $1,800. Public Works Director
Kornelis added, the City did the posts and
- -- - - ..-
installation at the dock.
c. Beautification Comm. Councilwoman Swarner
reported the banners will be up on the City
streets soon.
d. Borough Economic Development District. City
Manager Brighton reported he attended the meeting.
They have not adopted a budget yet. That will be
voted on next time. The budget will be $380,000,
it will come from State funding, Federal funding
"5-
and Borough funding. Jim Carter will be the
executive, Stan Steadman and Shelly Wright
:-----------�` ---
-
- - (-Borough) -will have positions... They-. are looking
-
for a place to rent. He suggested it be in Kenai.
:._
We-nee4od resolution from them endorsing our
a
proposal for application for EDA funds or- the - - -
-- -
•
cold storage facility. They Passed a resolution
but said they would not approve any more till they
had full and total details in front of them. He
objected to that, the City is putting up matching
money for Federal money. Seward and Homer
objected. He did not think that is their job.
=;
They should look at proposals and indicate if it
will be economically advantageous.
t`. E. MINUTES
E-1 Regular Meeting, May 18, 1988
Councilwoman Swarner noted page 12, I-3e, should read
"Kenai Aviation Services Inc" instead of " Kenai
- �. Aviation."
KENAI
CITY COUNCIL
-'•
JUNE
1, 1988
PAGE
13
4.....
«.
MOTIONt
t
Councilwoman Swarner moved, seconded by Councilwoman
Monfor, to approve the minutes as amended.
Motion passed by unanimous consent.
CORRESPONDENCE
F-1
Barbara Crane, Tundra Times -Thanks to Mayor Williams
F-2
Alaska C&RA - State Revenue Sharing Entitlement
Approved by Consent Agenda.
J
G.
OLD BUSINESS
-
None
H.
NEW BUSINESS
-
H-1
Bills to be Paid, Bills to be Ratified
.... .
_ ._ .
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
,.
O'Reilly, to approve the bills as submitted.
Motion passed by unanimous consent.
-,.
--
H-2
Requisitions Exceeding 61,000
Mayor Williams noted the $4,700 to Redoubt Plumbing &
Heating, included in the packet.
.- . t:..
MOTION S
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to approve the requisitions, adding $4,7 0 to
Redoubt Plumbing & Heating.
Public Works Director Kornelis explained, this was
-
--; ;n,;-•,Q;-'.,.;
funds appropriated by Federal Revenue Sharing_ to revamp
=
the fuel system. City Manager Brighton added, it is
Federal regulations.
Motion passed by unanimous consent.
,. .
H-3
Ord. 1266-88 - Increas Rev/Appns - Swires, Lawton -
Mayor -Williams --explained-, when -we appropriate- money _ - -
'
such as this, we are making the money available for
it He asked if we would have
use. We may not use all.
a proposal for roads at the next meeting. Public Works
Director Kornelis replied no, the engineering is almost
complete. Next week they plan on putting a firm date
for bidding. City Manager Brighton said they will bid
-',•':
on alternates. once the bids are in, Council can make
a selection. Mr. Kornelis added, the basic bid and
:r
three alternates.
i
�=
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to introduce the ordinance.
Motion passod unanimously by roll call vote.
\Jl
k
j,
rs
KENAI CITY COUNCIL
JUNE 1, 1988
PAGE 14
H-4 Ord. 1267-88 - Amend KMC, Title 17 - New Date of
Application of Penalty and Interest, Delinquent Water &
Sewer Bills
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to introduce the ordinance.
Councilwoman Swarner asked, it used to be the 20th?
Finance Director Brown explained, we did have the 20th
due date. In one place in the Code it says any date,
in another it says the 25th. He had an attorney
challenge.- -He changed it to the 25th. Now this will
be the 20th, the 25th is too late. Mayor Williams said
he thought there was a contradiction, and read KMC
1.75.010 (c). He suggested we need to amend to be
consistent with this. Mr. Brown replied, that is what
he was relying on, but Chapter 17 says water & sewer
bills are on the 25th. Councilwoman Monfor asked, how
will he notify the people? Mr. Brown replied, it will
be on the invoice. Councilwoman Swarner suggested it
be put in color.
Motion passed unanimously by roll call vote
H-5 Games of Chance & Skill -
Peninsula Learning Resources
Approved by Consent Agenda.
H-6 Approval - Inspection, Surveying, Testing - Coral & r
Cohoe - Wm. Nelson & Assoc.
Mayor Williams said it would seem more appropriate not
to exceed $25,000. Councilwoman Monfor asked if we
could hold off on this. Public works Director Kornelis
said he was going to award the contract shortly, but he
will not do till next meeting. He added, in Mr.
Nelson's original proposal he said 10% to 12%. Mayor
Williams said 10% is better and suggested, see what Mr.
Nelson says and bring it back June 15.
Council agreed to the suggestion.
H-7 Disc - Dena'Ina Pt. Estates, Addition N1
Mayor Williams reviewed the memo from P&Z, dated May -
26. He_explained the Commission is reluctant to deal
with this totally, they want- to give it- to -Council. - - - -- -- ---- --
Councilwoman O'Reilly asked, according to Planning Secy
-. - - - - -Loper Is note, - if- we- approve the--Commission-action,- - - - - - - — -- -- - --- ----- - -- -
rezoning has occurred. Atty. Rogers replied, this
matter was in front of Council, the applicant was
represented by an engineer and an attorney. Council,
by not exercising veto over what has occurred, would
allow rezoning to proceed. Council had taken a vote
and did not veto the action of P&Z. At that time he
called attention to supreme court cases that rezoning
is tantamount to condemnation. If Council does this
they may not be able to rezone. Council had a tie vote
of 3-3. Councilwoman O'Reilly noted this is phase 3.
Atty. Rogers said he did not see why it was before
Council. Public Works Director Kornelis explained, it
was concerning rezoning, this is replatting. Atty. _
Rogers said if Council action is inconsistent with what
they did, he did not know what the time line is. There
is nobody to discuss for the applicant. Councilwoman
O'Reilly noted they have had work sessions and talked
w
KENAI CITY COUNCIL
DUNE 1, 1988
PAGE 15
to the applicant. It seems that every time they have a
meeting, the vocabulary has not changed but the
emphasis has, Is there anything Council can do now to
prevent rezoning from taking place? Mr. Kornelis noted
the applicant may not understand the problems. They
came for rezoning. Council has set that. The first
step is preliminary -plat. Tracts 1 through 5 will
become General Commercial on filing of the preliminary
plat. It does not become final plat till all
improvements are in the preliminary plat, unless there
is an installation agreement with Public Works. The
applicant has to put in roads before he gets final plat
or put up money in escrow. Rezoning takes effect on '
final -plat that sets rezoning. Mayor Williams said at -.- -------------------_-----
the May 25 work session there was a deadline for
rezoning. They were Residential Suburban before,.thoy
will remain that. Council will not upset the rezoning.
Council has complied with their wish that the rest be
zoned commercial. Now we have to ratify P&Z action if
we agree. Atty. Rogers said to not allow them to
replat does not allow rezoning. The plat is incidental -
to this. Has Council frustrated their understanding -
(by detrimental reliance to the other party)? Mayor
Williams said Council is concurring with Tracts 6 & 7
residential and the rest commercial. Atty. Rogers
added, which would be consistent with rezoning.
Councilwoman Monfor said a year ago, Council approved
rezoning on recommendation of P&Z with S. McLane
speaking for Mr. Roberts. They would take a small area
and rezone. To do anything else without having the 7�
parties come before Council would test the credibility
of Council. Mayor Williams said the original intent
was at the time of the sale it was to be all first
class residential, an extension of Redoubt Terrace.
The feeling was the commercial sector should be in the
central area. By the action now, Council is suggesting
commercial area can be extended to Spenard Builders
Supply, with only a small part residential. When Mr.
Roberts came to P&Z, P&Z told Council they felt this
would be proper. Now they say they may have erred and
they want out. City Manager Brighton noted Mr. Roberts
bought the property on condition of the design laid
out. Atty. Rogers added, the City did the engineering. - -
Mr. Kornelis said the water lines and roads will still
be there. They only changed the interior portion.
That is guaranteed. Mayor Williams said they only
relocated within the tracts he has purchased. But the
original intent at the time of purchase was -
- - - residential.- ---Atty.- Rogers said --that- -wan..apeaified at
the time of purchase. The appraisal was based on
-- - --- -- -- - - -----xesidential. - -Mayor -Williams - -noted they could not get
ratification with four Council members. Councilwoman -- - - ---
Monfor said when she was looking at it last year she
did not know it was 25 acres. They still do not know
what he plans by commercial. There would be a screen
left but she would like to discuss with Mr. Roberts.
Mayor Williams asked if the commercial property could
be used for pipe storage. Mr. Kornelis replied, it
would be heavy industrial. They could store it if it
was for commercial purposes. City Manager Brighton
suggested a joint meeting with P&Z. Atty. Rogers said
Council has 30 days to take action contrary to P&Z.
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to approve the preliminary plat to change the
zoning to General Commercial for tracts 1 through 5, _.
tracts 6 and 7 remain RS. " -- - -
l r7
- KENAI CITY COUNCIL
JUNE 1, 1988
PAGE 16
Mayor Williams said if Council votes no, they veto P&Z
action, if they vote yes, it goes to the Borough.
Councilwoman Monfor said she will vote yes, not because
she likes it but she does not feel comfortable till
Council sees the people face to face. Mayor Williams
asked, what are the ramifications of voting no? Atty.
Rogers replied, if Council votes no, he cannot guess
the position of the other side. Even though they said
it was a risk they would have to take, he would
anticipate detrimental reliance out of prior action.
He was cautioning Council if they proceed they may not
be able to undo their action. They should not vote on
the legal ramifications. Councilwoman Swarner said she
had a problem with a commercial zone because of the
original -intent. Mayor Williams agreed, noting when
the property was purchased it was with the
understanding it was residential. This is a P&Z
problem. City Manager Brighton said if originally this
was zoned commercial, there would have been a different
price then what he paid for it. It was a better price.
Councilwoman O'Reilly said it breaks down to a piece of
property. We will never get it back. it is prime, she
sees no reason to see it commercial. Mayor Williams
said if Council kills it this date, it will give the
owner the next course of action. What chance do we
have if we go to court if we are sued by the property
owner? Do we have a chance? Atty. Rogers replied yes.
VOTE:
There was one vote cast (Councilwoman Monfor), and a
recess was called.
Councilwoman Monfor recalled her vote.
VOTE (Failed):
Motion failed unanimously by roll call vote.
NOTICE OF RECONSIDERATION:
Councilwoman Monfor gave Notice of Reconsideration for
the June 15 meeting.
H-8 Disc - Schedule Work Session
a. Camper Park - Beaver Creek
b. New Building Function - Kenai Bicentennial
Gary Foster, Foster Construction. He asked Council to
consider a work -session -to -see what --he --has- n -mind. - --He- - - -
-- -- -- ---- --------- - - sked them to come out and see the property. Mayor
----Williams-----
said --he -had-planned a --work- session --to - -- - -- - - - --
prioritize road development. He asked Administration
to prepare a list for the work session. councilwoman
Monfor suggested each councilmember go out on their own
to look at it. Council agreed to a work session on
June 15, 6:00 PM, before the regular Council meeting.
H-9 Disc - Russian Orthodox Church Repairs
Father Targonsky, Russian Orthodox Church. He
requested the Park Service to send a letter to Mayor
Williams explaining what is a National Landmark and
City participation. There was opposition from the City
because of -separation of church and state. Whatever
support the City can give is not for the Church but for
a National Historic Landmark. There are several
examples where the State has supported a church: over
i
- ' - -KENAI CITY COUNCIL
JUNE 1, 1988
4i PAGE 17
$100,000 for St. Nicholas' Chapel in Seldovia and the
Episcopal Church in Anvik. Support could come for
funds that have been lost from the Federal Govt. They
have received National Park funds. The Kenai Churcn is
a pilot project for this and contributions will be
solicited. The City should support the Church being
open to the public for tours. When he made the request
before, the former mayor said to charge $1. The
salaries at the museum are $5,000, we could do the
same. The museum is not a registered historic
landmark. The City wants to bring tourists in, it is
only fair for the City to appropriate funds for
restoration work and from other entities such as
fraternal clubs and other entities. This is the only
one on the Peninsula. The other is an archeological
site, with no admittance. This is not violating the
law of separation of church and state. Atty. Rogers
requested time to research. He will have it in the
June 15 packet. Councilwoman Monfor said we don't have
any cost estimate for what we will be giving money for.
tin Kenai Bicentennial Comm.) There are grant funds
available that the City could apply for. It is on the
National Historic Register and is in Old Town. City
Manager Brighton said there have been sums expended by
the State for this. He asked Fr. Targonsky if he had
applied to the State. Fr. Targonsky replied no, he
wanted to try the City first. Mayor Williams said
Admin. Asst. Gerstlauer and Atty. Rogers will review
this. Fr. Targonsky said he has received grant money
but that has ended. Councilwoman Monfor noted there
are other grants besides the State.
I. ADMINISTRATION REPORTS
I - 1 Mayor
a. Mayor Williams said the Law Library Subcommittee
of the Library Commission wants a secretary to
attend meetings. it would be an additional $45
per month. Councilwoman Monfor said she has told
them they could not.
I-2 City Manager
None
I-3 Attorney
Atty. Rogers spoke.
a. There are typos on the Cold Storage Facility
__-__Contract/Leases,_ They will_.be .corrected.
b. The Concorde Bar delinquency is $10,8004-20;--the--
restaurant is $2,612.92. Both as of June 1. The
restaurant is five months in arrears, the bar is
four months in arrears. He intends to proceed as
stated in item 1-3.
c. EDA Cold Storage Facility. They are re -doing the
contract, it will not be a lease. It will come
back to Council. City Manager Brighton explained,
EDA will not permit us to build and lease. We
have to operate.
1-4 City Clerk
None
1-5 Finance Director
KENAI CITY COUNCIL `
U JUNE 1, 1988
PAGE 18
„
None
z' jyy I-6 Public works Director
None li
r� I-7 Airport Manager
None
J. DISCUSSION
66
J-1 Citizens
a. Father Targonsky, Russian Orthodox Church. In the - - --„ '-- -
;, lease contract with Ft. Kenay, the City may
contribute to restoration of the Church. The City
had already contributed $2,000 several years ago.
City Manager Brighton asked if the parsonage was
' part of the historic landmark. Fr. Targonsky
replied yes, Ft. Kenay land and the cemetery. The
boundaries have been set. Councilwoman Monfor
- added, hopefully the Bicentennial Comm. will be
addressing this. 'rho Church and parsonage will be
an integral part of the celebration.
J-2 Council
a. councilwoman Swarner. Did we hire a dock hand?
Public Works Director Kornelis replied no, there
d
- were 14 applicants. They plan to do shortly with
the higher rate.
b. Councilwoman Swarner. Did we hire a sewer
treatment plant person? Public Works Director
Kornelis replied he is reviewing now.
c. Councilwoman Swarner. Was there a problem with
the sewer treatment plant? The odor was strong
recently. Public Works Director Kornelis replied,
there was a wind problem.
d. Councilwoman Monfor. She suggested calling the
„.
State to get the streets cleaned up or we will pay
the bill and bill them. Soldotna's streets are
- -- clean. Public Works Director-Kornelis and Mayor
Williams agreed to contact the State.
as Councilwoman Monfor. She complimented Mayor
..., a:'.':'. Williams' talk to the Chamber of Commerce
regarding the status of the City. She noted the
r
Bicentennial Comm. was not mentioned. Also, the
i e center n is 1 grant money .senior_ cit z n ent money al g nt mo y and - - - - ---_ -----------------.-_---
{ is generated back to the City.---- Mayor- Williams
`. complimented Finance Director Brown for his
:---_ -- : material. --Councilwoman -Swarner--suggested-it- be -
done in color.
- f. Councilwoman Monfor. The Teen Center yard is
filthy. Also the kids are smoking outside.
^. g. Councilwoman Monfor. She talked to Borough Mayor
ti Gilman regarding the $85,000. He said they are
closing the dump. We need to talk about this.
Mayor Williams said he talked to them regarding -:
the cost of hauling from Nikiski to Soldotna.
They do not think it is a cost factor. $85,000
"., may not be what it will cost to move.
Councilwoman Monfor said it is an Administration
problem now. City Manager Brighton noted the
'--- people in the City pay the same taxes as those
outside. Mayor Williams added we have an APUC
..- -- lia3nsee in the City. Councilwoman Monfor said in
----- November, the dump will be closed. We should get
our own alternative. City Manager Brighton
ki
KENAI CITY -COUNCIL
JUNE 1, 1988
PAGE 19
replied, he did not think it will come to a head
in November unless DEC approves. Councilwoman
Monfor said if we don't have a solution, people
that have dumpsters will have city garbage.
h. Councilwoman O'Reilly said she was looking forward
to the Memorial Park dedication. Leif Hansen was
a fine boy
i. Mayor Williams informed the Council that�oovernor
Cowper has re -appointed him to a three-year term
for the State Job Training Coordinating Council,
SJTCC.
K. ADJOURNMENT
Meeting adjourned at 1100 PM.
d,�
Janet Ruotsala
City Clerk
MOM By couk'a
s'_r
DATA Car C!x'" RK
f
KENAI CITY COUNCIL
PARTIAL TRANSLATION
JUKE 1, 1988 i
H. NEW BUSINESS f(
H-1 Disc. - Dena'Ina Pt. Estates Addition $1
Mayor Williams reviewed the memo from P&Z, dated May
26. He explained the Commission is reluctant to deal «
with this totally, they want to give it to Council.
Councilwoman O'Reilly asked, according to Planning Secy
Loper's note, if we approve the Commission action, ,
rezoning has occurred. Atty. Rogers replied, this - - -- - ---- --
matter was in front of Council, the applicant was
represented by an engineer and an attorney. Council,
by not exercising veto over what has occurred, would
allow rezoning to proceed. Council had taken a vote
and did not veto the action of P&Z. At that time he
called attention to supreme court cases that rezoning
is tantamount to condemnation. if Council does this
they may not be able to rezone. Council had a tie vote
of 3-3. Councilwoman O'Reilly noted this is phase 3.
Atty. Rogers said he did not see why it was before
Council. Public Works Director Kornelis explained, it
was concerning rezoning, this is replatting. Atty.
Rogers said if Council action is inconsistent with what
they did, he did not know what the time line is. There
is nobody to discuss for the applicant. Councilwoman
O'Reilly noted they have had work sessions and talked
to the applicant. It, seems that every time they have a
meeting, the vocabulary has not changed but the
emphasis has. Is there anything Council can do now to
prevent rezoning from taking place? Mr. Kornelis noted
the applicant may not understand the problems. They ;
came for rezoning. Council has set that. The first
step is preliminary plat. Tracts 1 through 5 will
become General Commercial on filing of the preliminary
plat. It does not become final plat till all
improvements are in the preliminary plat, unless there
is an installation agreement with Public Works. The
applicant has to put in roads before he gets final plat
or put up money in escrow. Rezoning takes effect on
final plat that sets rezoning. Mayor Williams said at
the May 25 work session there was a deadline for
rezoning. They were Residential Suburban before, they
will remain that. Council will not upset the rezoning.
Council has complied with their wish that the rest be
-zoned- commercial. -Now -we --have -to -ratify PSZ -action- if
we agree. Atty. Rogers said to not allow them to
- ------ -- - ---replat-does not -allow_rezonina.--The _plat_ is- incidental____
to this. Has Council frustrated their understanding
(by detrimental reliance to the other party)? Mayor
Williams said Council is concurring with Tracts 6 & 7
a
mT
KENAI CITY COUNCIL
JUNE 1, 1988
PAGE 2
residential and the rest commercial. Atty. Rogers
added, which would be consistent with rezoning.
Councilwoman Monfor said a year ago, Council approved
rezoning on recommendation of Pa with S. McLane
speaking for Mr. Roberts. They would take a small area
and rezone. To do anything else without having the
parties come before Council would test the credibility
of Council. Mayor Williams said the original intent
was at the time of the sale it was to be all first
class residential, an extension of Redoubt Terrace.
The feeling was the commercial sector should be in the
central area. By the action now, Council is suggesting
commercial area can be extended to Spenard Builders
Supply, with only a small part residential. When Mr.
Roberts came to P&Z, P&Z told Council they felt this
would be proper. Now they say they, may have erred and
they want out. City Manager Brighton noted Mr. Roberts
bought the property on condition of the design laid
out. Atty. Rogers added, the City did the engineering.
Mr. Kornelis said the water lines and roads will still
be there. They only changed the interior portion.
That is guaranteed. Mayor Williams said they only
relocated within the tracts he has purchased. But the
original intent at the time of purchase was
residential. Atty. Rogers said that was specified at
the time of purchase. The appraisal was based on
residential. Mayor Williams noted they could not get
ratification with four Council members. Councilwoman
Monfor said when she was looking at it last year she
did not know it was 25 acres. They still do not know
what he plans by commercial. There would be a screen
left but she would like to discuss with Mr. Roberts.
Mayor Williams asked if the commercial property could
be used for pipe storage. Mr. Kornelis replied, it
would be heavy industrial. They could store it if it
was for commercial purposes. City Manager Brighton
suggested a joint meeting with P&Z. Atty. Rogers said
Council has 30 days to take action contrary to P&Z.
MOTION:
Councilwoman Monfor moved, -seconded by Councilwoman
O'Reilly, to approve the preliminary plat to change the
zoning to General Commercial for tracts 1 through 5,
tracts 6 and 7 remain R8.
Mayor Williams said if Council votes no, they veto P&Z
action, if they vote yes, it goes to the Borough.
Councilwoman Monfor-said-she-will-vote yea, not because she likes it but she does not feel comfortable till
- -Council--sees--the- people face -to face. - ..-Mayor__William_s_ -_
asked, what are the ramifications of voting no? Atty.
Rogers replied, if Council votes no, he cannot guess
the position of the other side. Even though they said
KENAI CITY COUNCIL
JUNE 1, 1988
PAGE 3
it was a risk they would have to take, he would
anticipate detrimental reliance out of prior action.
He was cautioning Council if they proceed they may not
be able to undo their action. They should not vote on
the legal ramifications. councilwoman Swarner said she
had a problem with a commercial zone because of the
original intent. Mayor Williams agreed, noting when
the property was purchased it was with the
understanding it was residential. This is a P&Z
problem. City Manager Brighton said if originally this
was zoned commercial, there would have been a different
price then what he paid for it. it was a better price.
Councilwoman O'Reilly said it breakof down to a piece of
property. We will never got it back. It is prime, she
sees no reason to see it commercial. Mayor Williams
said if Council kills it this date, it will give the
owner the next course of action. What chance do we
have if we go to court if we are sued by the property
owner? Do we have a chance? Atty. Rogers replied yes.
VOTE:
There was one vote cast (Councilwoman Monfor)p and a
recess was called.
Councilwoman Monfor recalled her vote..
VOTE (Failed):
Motion failed unanimously by roll call vote.
NOTICE OF RECONSIDERATION:
Councilwoman Honfor gave Notice of Reconsideration for
the June 15 meeting.
Janet Ruotsala
City Clerk
� �I