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HomeMy WebLinkAbout1988-07-20 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING ft July 20, 1988 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance -' 2. Roll Call 3. Agenda Approval 4. Consent Agenda *k11 items listed with an aster isk l*) are _ considered to be routine and non -controversial by - - - 4r, 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 Agenda and considered in its normal - -. -- ---ry. Consent sequence on the agenda as part of the general orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) Warren Larsen, Cooperative Extension Service - ; Plant Test Site ' C. PUBLIC HEARINGS -- °- 1. Ordinance 1266-88 - Increasing Rev/Appns -Swires 2. & Lawton - $823,000 Ordinance 1270-68 - Increasing Rev/Appns -Pick Up 3. Truck for Animal Control - $25,000 omen's Ordinae&1Crisis Resource CentereBsing Pass Through Grant 4. $4,000 Resolution 88-52 - Special Assessment Proposal, 5. Road Paving - Swires Resolution 88-57 -Award Bid -Swires &Lawton - - 6. Street Improvements Resolution 88-59 - Rescind Resolution 87-4 -Eagle -- - - - - 7. Rock/Tern Assessment District Resolution 88-60 - Transfer of Funds -Remodeling ' 8. Senior Center Work Shop - $2,000 Resolution 88-61 -Transfer of Funds -Repair Roof ... - 9. at Ft. Kenay - $6,060 Resolution 88-62 - Transfer of Funds -Rewrite .i0 � Airport Operations Manual - $3,500 _ _._Resolution 88-58 -- Transfer- of Funds Library. Hardware Maintenance - $5,000 - 11. --*Transfer -o€- Liquor --License -- -- - - -- -- - -- -- - __ -- -- - _-- _- _-- -- Windmill Restaurant D. COMMISSION/COMMITTEE REPORTS ., _- _ �.-.,tea..-.=r_�-•cr-.;5; is T t. 1. Council on Aging 3 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 E. MINUTES 1� *Regular Meeting, July 6, 1988 F. CORRESPONDENCE 1. *U.S. Pacific Command - Aircraft Facilities in Kenai 2. *Sen. Murkowski - Aircraft Facilities in Kenai 3. *Misc. Letters Regarding Eagle Rock Assessment District 4. *Seafoods from Alaska - Cold Storage Facility 5. *Alaskan Gold Seafood - July 8 Reception G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1272-66 - Increasing Rev/Appns - G.O. Bonds - $244,000 4. Discussion - R/V Park Proposal 5. Discussion - Land Sold to D. Aase - Payment Reduction 6. Approval - Lease Applications - J. Doyle - Gusty S/D 7. Approval - Inspection - Swires Paving - Wince, Corthell, Bryson S. Proposal - Airport Renovation - Wm. Kluge I. ADMINISTRATION REPORTS 1. Mayor a. Lobbyist Report 2. City Manager 3. Attorney 4. City Clerk 5. Finance -Director- 6. Public Works Director - -- - - --7.---Airport -Manager-- J. DISCUSSION 1. Citizens 2. Council ADJOURNMENT J °. KENAI CITY COUNCIL - MINUTES JULY 20, 1988 - 7:00 P-M- _ CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS PRESIDING -.. A. CALL TO ORDER ' . '_~ _ - • A. 1. Pledge of Allegiance 2. Roll Call 1..r Present: Williams, Bailie, Swarner, MCComsey, Measles, O'Reilly ,t Absent: Monfor 3. Agenda Approval Mayor Williams asked to move C-4 to 1, C-5 to 2, C-1 will be 3. .. _ ., .. C-1a is a substitute, C-3a is a substitute. Mayor Williams asked to add items H-10, Ordinance 1273-88 f. H-11, Ordinance 1274-88 both for consent -agenda. item H-9 was intended to be added and was subtracted. Delete item H-4 on advise of attorney. Item H-7 has a substitute and additional backup. Councilwoman Swarner objected to item 1273-88 and 1274-88 being on consent agenda. Mayor Williams stated that they will be placed as normal agenda items. i Agenda stands as amended. .4 4. Consent Agenda ' MOTION: Councilwoman Swarner moved to approve the consent agenda, seconded by Councilwoman Bailie and asked for Unanimous Consent. I VOTE: -.`_. Motion passed by Unanimous Consent 1 ''•: - ''`- B. SCHEDULED PUBLIC COMMENT B-1 Warren Larsen, Cooperative Extension Service -Plant Test Site Mr. Warren Larsen handed out materials prior to the meeting and referred to them, stating that one of the lists contained - -� -- materials which had been planted in 1984. faith plant evaluation -it - - - ,: takes at least 4 years or longer before valid conclusions can be ,i— -- -- - - - - made.- The Alaska -Plant -Materials Center --which 4s- also -involved at --- ---- -- - - "' the test site and the University Extension Service are at the point of making recommendations on materials which have been tested over the past 4 to 5 years. T- KENAI CITY COUNCIL - MINUTES July 20, 1988 - _ i- Page 2 Mr. Larsen informed the Council of some of the activities including gras'ses and potatoes. Last fall Mr. Larsen formed an advisory council for the test site to help evaluate and do some actual work. Councilwoman Bailie: Initially, we were shown some slides of a test site in Kodiak and was under the impression that it was a show place where people would literally come and wander through and, I understand it was something that you inherited, and while I don't want to hurt anyone's feelings, I don't consider it a show :„•: ;;'- place. it looks rather scruffy. I have had It mentioned to me an- :': occasion, unless I told someone it was a test site, it looked to them like an abandoned piece of property. The reason for bringing this up, I personally, can see a use for that site for some other purpose. How would you feel if this were to happen. " Mr. Larsen: I don't know how the impression came about that it was to be well manicured and a show place, to do that takes a tremendous amount of hand labor. I know the City of Kenai has taken a rather aggressive landscaping and beautification plan in ,Y the last five years, and I agree that it is not a show case, -=,"-.----- -'=--- however, it is a -valuable asset. This year we were able to have a - --- -- small budget to acquire some student hire throughout the summer months. I had a girl, however she went to work for the cannery and I am again looking for help. The agreement I had with the City of Kenai was a lease for 7 to 10 years and I would hope that we could honor at least a minimum -` amount of that as we are at the point of making a recommendation and it will be an asset and I would be -very willing to negotiate rll 9 9 , several possibilities which may include a reduction in size, to .j..„-. - complement some existing plan that you have, and of course I am not the only person or agent that has an investment in the site. =. ?;:... Councilwoman Bailie: This could be a real possibility. When this ' was first conceived I remember the bill for the fencing came to t 13,000. However, the wa � y it was presented it certainly was a show case and something tourists would flock to. In time something could be worked out. Personally I would like to see i that area looked at for a camper park and possibly for some ball fields. Councilwoman 8warner asked if the site were developed into a camper park would the land have to be leased at fair market value. City-Manager Brighton explained that permission would have to be - gained from FAA for that use, and if they did give permission then " yes, it would have to be at fair market value. Councilwoman Bailie noted that that parcel is in the flight path from the airport and nothing could ever be built there, structurally. W. Larsen and the Council agreedtokeep lines of communication open towards the continuing plant test site. A public tour is set -for-July-26th- -Tuesday and -Council - is- invited.- - - - - - - - - - - - - - - -- - - - --- .----- ---- 'Y" F, E r, KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 9 C. PUBLIC HEARINGS C-4 Resolution 88-52: Special Assessment Proposal, Road Paving - Swires Rd. Mayor Williams called for an introduction motion. Seeing none, then item C-4 will be set aside. C-5 Resolution 88-57: Award Bid - Swires & Lawton Street Improvements Mayor Williams stated that various bids had been received to determine the method by which we will approach expenditures. MOTION: Councilwoman Swarner moved to introduce Resolution 88-57, seconded by Councilwoman O'Reilly Public Works Director Kornelis explained the breakdown of the bidders. The bids were received 7/19 which is why the blank resolution in the packet. Alternate A is a gravel loop road which connects the end of Swires to the east end of Lawton. Alternate B is water & sewer on Lawton to Swires. Alternate C is sidewalk in front of the school from Aliak to the second entrance and Alternate D is the sidewalk on the school side from the Spur to Aliak. Choice A Is the basic plus A plus C plus D with Hernan and Hernan for low bidder. Choice B is basic plus C and D with Doyle Construction. Choice C is whatever combination you wish. Councilwoman Bailie asked for results of the Borough Assembly meeting (7/19) which dealt with Swires Rd. Mayor Williams gave a brief rundown. Basically, even after hearing from Kenai representatives, the issue failed. The most interesting point being that the School Board did not want to pave that road. Assemblywoman Betty chick entered the meeting at the time and Mayor Williams asked Mrs. vlick to give a more detailed report. Borough Assemblywoman Glick: "We gave it our best shot by bringing up a resolution, however it turned out we were a day late and quite a few dollars short." The reasons some of the Assembly members decided not to go along with the resolution was the fact that Mayor Gilman raised the specter that perhaps it was illegal because, according to him, he felt the project had already been closed out, however, in the Finance Committee we were told by the finance director that the project had not been closed down, it was about 99% finished, and there are still $792,000 unappropriated bond dollars from the Mountain View Elementary School construction project. It was also pointed out that the School Board did not chose to pave that some 919 feet that was extended from Aliak to access the school. There also ensued a lengthy discussion to the fact that the access ------into -Skyvi-e-W, Nikiski, and Homer were built to access school property and I still contend that the access into the Homer -High- -- - - School is an actual street that was built by the Borough to access I; ,, KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 4 the Homer School, but it opened up a whole new access because the access that was supposed to have been used was found to be unacceptable. They also sailA that the accesses into Skyview and Nikiski were accesses into Borough property whereas this was actually paving a public street. i And the last point that I tried to make was, even though it is an extension of a public street, it is indeed, not just for the citizens of Kenai, but for every person in the Borough who comes to the school because it is an access to an elementary school. It's the same if you access to Sears Elementary off Forest Drive, Kenai Elementary off Spur Highway, or any of the other streets. Mayor Gilman did state that it is and has been the policy to participate in LIDS as far as improvements within a city. There were also a few side remarks to the effect that the City of Kenai chose to be a home rule city because they thought it would be to their advantage but it really backfired on us this time because if we were a first class or second class city we actually could participate in the local service roads and trails funding, whereas a home rule city does not have that benefit. There were some concerns that had we approached the Borough a month or more ago, prior to the Mayor going to bond council to put together a proposal for use of the over access bond monies for the Seward Elementary School we maybe would have had a better shot. In conclusion there was question whether or not it was legal to use the funds because the Mayor's version was it was a closed out project, finance director said, no it wasn't. The other thing is the Mayor said that because it was not part of the original school construction project, that we would have to go to the Department of Education for approval just to pave this simply because the Board of Education has chosen not to pave it as part of the original project. My personal conclusion is that if you really want to throw roadblocks up you can come up with 1,001 reason why not to do it. There were some side conversations in which the City of Kenai was more or less accused of stealing dollars from the Seward Elementary School project and my comment to that was that in no way were we trying to detract -from the proposed project nor were we trying to spirit funds in any way and resented that kind of accusation because until the people vote in this next election to use those access bond monies for the Seward Elementary School project, they don't belong there, not until the people vote for it. mayor-wil iams --We might also mentioned that -it--received-4 no_----____-- �:.....-.; 1 s g pass vote on a 3 to 2 issue from finance and also overwhelmingly 1., - T__..___.-�: _ _ _ _ _ _— —_ _ _ _ xeceivA& at plic works prior_ to the meeting. City Manager Brighton: They would not even address a recommendation. 4jS' . FI Ij L.. 1 _F f ri KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 5 Mayor Williams: It was only at Assemblywoman Glick's insistence that we were able to get it on the agenda. Assemblywoman Glick: When I called over to have this resolution added to the agenda* the agenda had not been finalized, and because it had not been finalized it had not been printed and certainly had not been distributed. I was told that the Mayor would probably have a problem with this particular resolution and I said, if he has a problem he can give me a call. I did not get a call until after the packets were distributed and when the packets came -out it was just a resolution inserted in -the front with the notation "this came in too late to be included in the agenda". As far as Mayor Williams' comment on public works, again, the comment made directly from them was the Mayor said it was illegal, that we could not use the funds and I think that set the tone for the Public Works Committee meeting. City Manager Brighton: I think that Council should commend Assemblywoman Glick because she has spent a lot of time on this subject, she has even measured the access roads into the new schools south of Soldotna and the Nikiski High School and counted Me placement of lighta along those roads in order to justify her position and our request, and I think she gave it her best shot. And I think she is to be commended for it. Secondly, I don't think it would have made any difference what kind of justification we went in with, I think it was obvious that any subterfuge that could be found or used would have been used to permit the Borough not to participate in the paving of that street. In sum and substance, when they say well we were too late, even though we would have been much earlier that would not have resolved the questions that they raised; that it was a public street, it was not Borough's access road, and a couple of the other excuses, would not have been resolved had we been earlier in our request. The two things that I think are important; one is that Betty has expended a great deal of time on our behalf in this effort, even though it has been unsuccessful, secondly I don't think, under the circumstances, it was in the cards for them to agree with our request at this point. Assemblywoman Glick: Two points; one, I also measured the access into Homer, and secondly when talking about building streets, the other point that he made is that the Borough does not have road powers therefore, because they don't have road powers, they could not go in and do any work on a street and immediately I countered that with, for an entity that has no road powers per se other than "through _road service- "areas,.we.certainly_ exercise some powers when we built the extension of the street for that 919 feet any way so what_power didyouu use _for that. I didn't get the answer yet. Mayor Williams: on behalf of the Council we appreciate the effort you put forward. ' ---�--_�_ - "~KENAI ' - - CITY COUNCIL MINUTES Page 6 Councilman McComseY: There was a statement in there also, that the people who live on the street benefited from the water & sewer that was run to the school. Mayor Williams: Yes, and it was pointed out that the city's main water line runs right through the ame gentleman's property and he's never taken advantage of that certainly didn't need an additional water line run along his prope rty just because its there. We were pointing out that it would become a major financial benefit to property holders becau e he was furnished with all this water & sewer. Councilwoman Bailie: Have they been advised legally, that they can use that additional money for the Seward School fiven though is has not been voted on. -Mayor Williams: -It-is obvious that their bond council has directed them in that manner because they are preparing all residua Jump sum for a vote by the people to be appropriated to the Seward School. Assemblywoman Glick: That is correct, there is some $4 million worth of residual bond monies are available from the various projects including some money that was left over from the H r High School. ome City Manager Brighton: But until the people pass it it cannot be used for Seward schools. it could also be used to retire a portion of that bond debt. Councilwoman Swarner asked for the recommendation of Administration on the two bids. Public Works Director Kornelis answered that they do not recommend Alternate B which is the water & sewer on Lawton. We do recommend doing basic and C and D which are the sidewalks. On Alternate A, the loop which would tie in Swires into Lawton could be done at a cost of $148,000. The question is; is putting in the loop from the school to Lawton worth $146,000 of value to the City. The engineer's estimate was City Manager Brighton: If we didn't do the loop now, and the Council decided it was a very important part of the.street program, since the Borough has always said they always join in special assessment district, aad since they own about 50% of the property on that loop, we could do a special assessment on that loop and put the Borough in a position to pay 50% of the cost, at a later date. The City and the State combined own more than the Borough owns, which would put the Borough in the position that they could not object to the project. There if; an individual that owns a small piece. Mayor Williams opened Ordinance 88-57 to the public for comment. No public comment. Councilwoman Bailie: If we were going to pave Lawton anyway, we could pave Lawton and the extension of Swires, leaving the rest of Swires and then school buses could come down Tinker and then down Lawton. We could form the assessment district and that would fA - '-'-'-- � � ~ - � ^ . * ' | K__ -- --- -- - - - -- KENAI- CITY COUNCIL - MINUTES July 20, 1988 " �.. Page 7 certainly cut down on the traffic on that end of Swires (north end) which is what the residents on that road prefer anyway. " Mayor Williams: There really aren't a lot of residents along . Swires Road and it hasn't been the Swires Road residents that have prompted the request for paving. Councilwoman Bailie agreed, " stating that it was mostly because of the school. Mayor Williams: It may present the problem that it dramatically increases the school route that must be taken with the buses and involves another whole area of the community and I would not be sure that the school buses would refrain from running the buses from East Aliak. Secondly, I have a problem with the Borough not ' cooperating in the paving of this street or any other streets around our schools, we do have the integrity of the bid process to consider. We have asked contractors to give us legitimate bids on -----A- �,":; these, they have come in well below the engineer estimates have been, and I would prefer the Council take some action to remedy the situation there. I personally stand against having an idea of opening the loop because it leads to land that may not be :-.. developed for years to come as it is state and borough land. Councilwoman Swarner: If this is approved tonight how soon could u - the road be paved. Answer from Public Works Director, the goal is to get it completed this year before the schools open, however ` that is questionable. Alternate A requires a Corps of Engineers f; permit and we have applied for it and it will be a while. - - �; Councilwoman O'Reilly: May we assume that any of these bids are ready to go right away, answer yes, 45 days is the allotted time • :; . _ -: - `- " ',-" "_' -' to get the equipment here and get started. Councilwoman Bailie asked how much of the road was built by the school, Public Works ` Director Kornelis answered through the use of maps, i.e., a very ,•„ t' • 1 portion. small por on. ,, .. • ... = MOTION: Councilman Swarner moved to "recommend we go with choice B with a.'. Alternate C and D, seconded by Councilwoman O'Reilly. Councilman McComsey asked for unanimous consent VOTE: Motion passed by Unanimous Consent y Mayor Williams: Choice B with Alternate C and D is $226,925.99 going to Doyle Construction. ` VOTE MAIN MOTION: Motion passed unanimously by roll call vote C-1 Ordinance 1266-88 Substitute --- - - - - - 1f KENAI CITY COUNCIL - MINUTES - July 20, 1988 - - Page 0 1 MOTION: { Councilwoman Swarner moved adoption of Ordinance 1266-88 f! substitute, seconded by Councilwoman O'Reilly Mayor Williams called for public comment, there was none. MOTION AMENDMENTS Councilwoman O'Reilly moved to amend Ord 1266-88 by paying the _ cost of construction of $375,318 to 226,925.99, seconded by Councilman McComsey Councilwoman Swarner asked if the verbiage should be amended to -' exclude the words "and a gravel road extended to Lawton Drive". Finance Director -Brown: You should probably amend, in -the first --- -- --- -- - - paragraph $464,000 to $285,000. Then under the conclusion of the ordinance, leave the 1988 road grant at $200,000 and change the - -- -;- 1986 program to 85,000; then Administration to $1,574; Inspection is $29,500; Construction, $226,926; and Contingency at $27,000 which adds up to $285,000. MOTION AMENDMENT RESTATED: - - - - - .- Councilwoman O'Reilly moved to amend Ord 1266-88 in the first paragraph $464,000 to $285,000, and delete, "and Lawton Drive". Delete, in the third paragraph: "and a gravel road extended to Lawton Drive". Then under the conclusion of the ordinance, leave the 1986 road grant at $200,000 and change the 1986 program to 85,000; then Administration to $1,574; Inspection is $29,500; Construction, $226,926; and Contingency at $27,000 which adds up to $285,000, seconded by Councilwoman Swarner. t - VOTE: Motion passed unanimously by roll call vote. Mayor Williams: For the record the bid has boon awardod to Doylo - Construction in the amount of $226,925.99 for construction. C-2 Ordinance 1270-88: Increasing Rev/Appns - Pick Up Truck for Animal Control - $25,000 Councilwoman O'Reilly asked if this truck is an addition or a replacement. Answer from Public Works Director Kornelis, it is to replace since the present vehicle has approximately 120,000 miles on it. The old vehicle will be used during the summer months only by the dock foreman. MOTION: Councilman McComsey moved to adopt Ord. 1270-88, seconded by Councilwoman Bailie. Mayor Williams called for comments from the public, there were - ---- - - -- -none.- - - --- L KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 9 Councilwoman Bailie: In regards to trucks, has the City ever looked into a used "boom truck" or something similar to the truck used by Air Tek when putting up the banners. The reason I ask is, I have seen similar used vehicles in Anchorage for sale and I wondered if you had checked into it, answer yes. They are very expensive. Councilwoman Bailie: I think that, looking at the cost of hiring Air Tek every time the banners are put up, we're looking at $1,000 and I think we could use something like this for other things also. I would like to sea this investigated. Public Works Director Kornelis: We had looked into it, and thought about different uses, however, we don't have an electrician. VOTE: - Motion passed unanimously by roll call vote. C-3 ordinance 1271-88 Substitute: Increasing Rev/Appns - women's Resource & Crisis Center, Pass -Through Grant - $4,770 MOTION: Councilwoman Bailie moved for adoption of Ord. 1271-88, seconded by Councilman McComsey. Mayor Williams called for public comment, there was none. VOTE: Motion passed unanimously by roll call vote. Mayor Williams called for a break C-6 Resolution 88-59: Rescind Resolution 87-4 - Eagle Rock/Tern Assessment District MOTION: Councilman Mccomsey moved for adoption of 88-53, seconded by Councilwoman O'Reilly Mayor Williams called for comments from the public, there was none. MOTION: Councilman Measles moved to table Res 88-59 to August 17 regular Council meeting, seconded by Councilwoman Bailie. VOTE: Motion passed by unanimous consent C-7 Resolution 88-60: Transfer of Funds - Remodeling Senior Center r .. - 0 Wor 8 0p :T MOTION:___ CouncilmanMeaslesmoved foradoptionfor Ytes 88-60,-seconded b - Y -- - Councilwoman Swarner r' _l_ ,> •- KENAI- CITY COUNCIL - MINUTE8 - - - - - - -- ----- July 20, 1988 .-. Page 10 Mayor Williams called for public comments, there were none. VOTE; Motion passed by unanimous consent. C-8 Resolution 88-62: Transfer of Funds -Repair Roof at Ft. Kenay - t. $6,060 - - •:,: MOTIONS Councilwoman O'Reilly moved for adoption of Res 88-62, seconded by � � • - ' Councilman Measles. Mayor Williams called for public comments, there were none. - VOTE: - Motion passed by unanimous consent. - - - - - - u C-9 Resolution 88-62: Transfer of Funds - Rewrite Airport Operations Manual - $3,500 There was no public comment ' T MOTIONt Councilwoman O'Reilly moved for adoption of Res 88-62, seconded by Councilman McComsey. VOTE: Motion passed by unanimous consent C-10 Resolution 88-58: Transfer of Funds - Library, Hardware Maintenance - $5,000 MOTION: Councilwoman Swarner moved adoption of Res 88-58, seconded by l- - Councilman McComsey Mayor Williams called for public comments, there were none. _ Councilwoman Bailie asked if the City was keeping maintenance agreements on all computers. At one time we had discussed the expense involved and it may be unwarranted. Finance Director - Brown that not all are covered, however the current costs answered are about 2/3 the cost of coverage on the old E:txons. 4•'.. -... VOTE: Motion passed by unanimous consent I D. COMMISSION/COMMITTEE REPORTS ' r D-1 Council on Aging . --------- - - - ---- - ---- Councilwomam-Sw r�tex' stated that -the minutes are in __the_ packet an further to be ready to purchase the cook books that ere being put '" _ out. r- -- - - ------ KENAI CITY COUNCIL - MINUTES July 20, 1988 ' page 11 D-2 Airport Commission Councilwoman O'Reilly reported no meeting D-3 Economic Development Commission Mayor Williams reported that the Commission and Council had a joint work session regarding tourism, RV parks, etc. D-4 Harbor Commission Mayor Williams reported that the chairman of the Harbor Commission, Mr. Quesnel and the Mayor will be travelling to ------- ----------'_____-- Anchorage on Saturday morning to attend a Ports Alaska meeting. Mr. Queenel will also be speaking with the Corps of Engineers office regarding the City dredging project. Councilwoman Bailie stated that at the last Council meeting she had consented to be the representative, however, she has another commitment and needs to be excused. Mayor Williams asked for a - - - volunteer, Councilman McComsey agreed. D-5 Kenai Bicentennial Commission Mayor Williamst In referring to the memorandum that was sent to the Commission and included in Council packet - I have suggested taking a now existing shell corporation created several years ago for the purpose of creating a Visitors and Convention Bureau and ° turn that into the private, non-profit corporation as the holding „ agent for the Bicentennial Commission. And further that we fund - that corporation on a one-time basis. The intention and first priority is that the corporation executive director perpetuate that position through grants and funding from outer sources, as well as the situation of also joining with Soldotna on the bed tax question, and direct grants from the Division of Tourism. At this time, the only way I see the Bicentennial Commission functioning well and be a viable force, hopefully leading to a f ti rivate non - much broader tourist industry is to unc on as a p profit corporation for the ability to accept funds for cultural and heritage centers of things of that nature. Councilwoman Bailie: I think its a great -idea and I would like to see the Council get behind it and move ahead. Mayor Williams: If the rest of the Council thinks this is an appropriate idea, I will discuss it with the City Attorney to determine the proper avenue of moving the Bicentennial Commission into this private non-profit corporation_ and removing it as an entity of the City. The Council agreed and plans will move ahead. :._ ... LP KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 12 D-6 Library No report D-7 Recreation Commission No Report D-8 Planning & Zoning Commission Administrative Assistant Gerstlauer reported that the primary discussion was on the Foster proposal for an RV park. A copy of the transcript is in your packet. There were two lease applications that were approved. They are also in Council packet. D-9 Misc. Councilwoman Swarner: The Beautification Committee discussed the sign regarding the location. Secretary Loper is to look into permits for the location chosen by the Committee. In August I will be looking into where we could possibly put a "Visit Kenai" sign. Mayor Williams handed out a purchase order written by Director McGillivray and pictures which depict the letters for the "1791-1991" sign to be placed at the Airport Triangle park. Councilwoman Swarner asked that the information be returned to the Beautification Committee. The Council agreed that the letters were very nice and would be an asset, however, they would be a target. The Council agreed that some type of base would be necessary to prevent theft. Councilwoman Swarner suggested the prison system in that they had done projects for the City previously and it is at a reduced cost. Secretary Loper requested to look into this. E. MINUTES E-1 Regular Meeting, July 6, 1988 Approved by consent agenda F. CORRESPONDENCE Mayer Williams called for discussion regarding any of these items, there was none. (i. OLD BUSINESS — - - - ---- -none --- - -- - -- - - - - H. NEW BUSINESS L L L KENAI CITY COUNCIL - MINUTES r- July 20, 1988 j Page 13 H-1 Bills to be Paid, Bills to be Ratified i MOTION: l Councilman Measles moved for approval of bills to be paid dated July 20th, to include the addition of $8,540.24 for the Kenai j Peninsula Borough to pay the real property taxes.on the Dairy j Queen properties, seconded by Councilwoman Bailie. VOTE: Motion passed by unanimous consent H-2 Requisitions Exceeding $1,000 Mayor Williams noted an addition of $1900 to Alaska Title and Guarantee. Councilwoman Bailie asked if this was in addition to the $1100. Answer it is in addition or a total of $3,000. Administrative Assistant Gerstlauer: I believe that he did not investigate it fully when he quoted me that price. It was a lot more work than he anticipated. Mayor Williams asked if this was a bid item, answer no. There is no other title company in this area. City Attorney Rogers: Another question that may be germane is if the decision is made to get title insurance, you might get a little break on the price if you also get title insurance. Has the decision been made by Council to get title insurance? Answer no. MOTION: Councilman Measles moved for approval of requisitions over $1,000 dated July 20th, seconded by Councilwoman Bailie. VOTE: Motion passed by roll call vote Swarner - no McComsey - yes Measles - yes O'Reilly - yes Bailie - yes Williams - yes H-5 Discussion: Land Sold to D. Aase - Payment Reduction Administrative Assistant Gerstlauer: Mr. Aase made a payment, apparently to release the lot according to a provision in his lease which allows for partial release. He made this payment in - - Marctr of $220,000, -it- is apparent now that itwas to -release the.... .. 1 L KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 14 lot, however he did not request the release. City Attorney Rogers stated that there is a letter from his office requesting clarification from him. We have received no response. Mayor Williams: In the event that that release is granted, what would the equity in the position of the City be relative to the loan value? Answer from Administrative Assistant Gerstlauer: there would still be over $400,000 in value, leaving a balance of about $237,000. Councilman McComsey: Is this to release the lot King Oscar is on? Answer yes. Administrative Assistant Gerstlauer: There are actually eight lots involved. Councilwoman O'Reilly: Reference Mr. Brown's memo, I would support his recommendation. Councilwoman Bailie: I agree with Councilwoman O'Reilly, and I would like to see Council entertain an idea of lengthening the time period required for pay off of some of the lots that have been purchased already. I understand 20 years is average, and lengthening it to 30 years. The reason I say that is in the past I've had more than one occasion spoken with individuals that have purchase land from the City and the sudden down turn in the economy has made it hard. City Attorney Rogers suggested a revision to the Code to that effect. Finance Director Brown: It reduces payments about 10% and really is not a great savings. Mayor Williams: When paying on a 20 year note, virtually the first 10 years are interest. Is it then the rec=wendation of the Council that the note be renegotiated? Answer yes. H-6 Approval - Lease Applications - J. Doyle - Gusty 8/D M6 Councilman McComsey asked if this was in addition to the leases already existing. Answer from Administrative Assistant Gerstlauer yea. City Manager Brighton: It should he noted that Tract B, that he is requesting, about 1/3 of that area is cleared of trees, the remaining 2/3 is treed. I would assume that if he is given the lease he is going to remove the trees in order to provide for the parking. I want you to be aware that there will be a number of trees removed from that site. Councilman McComsey asked if he would be required to leave some buffer, answer from Mayor Williams, the buffer would probably be the adjoining City property. Coral street continues on to the cemetery and there is quite a distance from th44re to the cemetery. Mayor Williams: Is there any objection to the leases? Seeing none we will go on. H-7 Approval - Inspection - Swires Paving - Wince, Corthell, Bryson.. - - --- An amendment to the bid amount is added in the amount of $27,000 -- ------------- ---- - --- plus $900 plus �1600. "J KENAI CITY COUNCIL - MINUTES July 20, 1988 - - Page 16 MOTION: Councilwoman O'Reilly moved for introduction of Ord 1274-88, seconded by Councilman Measles VOTE: Tie Vote - Fails Swarner - no Mccomsey - yes Measles - no O'Reilly - yes Bailie - no Williams - no MOTION: - Councilman Measles moved that the Kenai City Council meet in Special Meeting next Wednesday night, July 27th for the purpose of introducing new ordinances in lieu of both of these that just failed, also to consider a resolution establishing assessment districts for both of these projects, that assessment being based on 50% of the cost of the paving only with the property owners being given option of the normal assessment which can be paid up front in cash, paid over a ten year period under the normal ten year assessment payouts, or as an assessment lien against the properties which would not have to be paid until such time as the property is sold or a title transfers. This time schedule will keep us on the same schedule that we are currently on if this ordinance that has been denied had been introduced. And according to this time schedule should not delay the project assuming that the resolution establishing the assessment district is accepted by the residents. We believe the project still can be completed by this fall, seconded by Councilwoman Bailie This will give the public living in those areas from July 27 to August 17 to discuso the matter. VOTE: Motion passes Swarner - yes Mccomsey - no Measles - yes O'Reilly - yes Bailie - yes Williams - no MOTION: Councilman Nocomsey moved to convene in an E:pecutitre Session of Council of the City of Kenai concerning matters that IMMIats knowledge of which would have an adverse effect upon the finances of the _City.__ I request the City Manger, Finance Director, City Attorney, and Ashley Reed, seconded by Councilwoman eai e-. VOTE: - -- --- ----------- -- --- - - Motion passed by unanimous consent } L �i KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 17 Meeting called back to order. MOTION: Councilman McComsey moved to accept the contract with Ashley Reed as amended, seconded by Councilwoman Swarner VOTE: Motion passed by Unanimous Consent I. ADMINISTRATION REPORTS I-1 Mayor At the direction of Council, Administration is proceeding with correspondence with the State regarding land acquisition on the north end of the runway. City Manager Brighton: That letter was put in the mail today along with some maps of the airport. Other reports on Birch Island, and mental health lands are pending, and the Borough meeting report has been given. The matter of hauling sand will be taken up at the next Borough meeting, a member of Administration will attend that meeting. There will be a Ports Alaska conference in Anchorage, the Chairman of the Harbor Commission and I will attend, plus contact the Corps of Engineer's office. City Manager Brighton suggested that the City Engineer accompany the Chairman on the trip as he has the hands-on knowledge. Mayor Williams: The Airport Commission needs three new members. If there are no objections, I will go ahead and send out letters to the three person suggested at the last meeting. The names are Kircher, Summers, and Shackleton. The Parks & Rea Commission will remain as it until more recent applications are received. The Review Board needs two person, enclosed are two applications. The Planning & Zoning Commission needs one seat, however, there are interested persons who have not yet applied. Councilwoman Swarner suggested a query be put out at the next Chamber meeting. Councilwoman Bailie: I think that persons who submit applications think that they are going to hear right away and they should be let know. Mayor Williams asked that his application be updated. Councilman McComsey suggested that in the ads that is published every year a sentence be added that asks if your application is over a year old, update it or resubmit it. Councilwoman O'Reilly: Is--there--a -reason -.why.._if_an_applioation is, dated _1986__ it should not be considered? Councilman McComsey: I know of three r i • KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 18 applicants for the Parks & Roo Commission that are not here any „ `. more. Mayor Williams: Obvious I would not qo back a couple of years. Councilwoman $ailie: I rather doubt if people will come in every year to update their application. Councilwoman O'Reilly: I think that a person who comes in and puts in an application could assume that it takes a couple of years to get on. Mayor - "' Williams: We can take of Parks & Roo then by having Mr. Ischi update his application. Planning & Zoning is very important and - we need someone who has a good overview of the entire area. I would hold on that one. Mayor Williams: The Airport Compission does not have a budget. - The last two years that I know of, we have, by phone poll, have asked the Council for $1,000 for the air show. I am suggesting - that perhaps it might be time for the airport to entertain - - - -.- - - °'Sro-., ;•: preparation of the budget, and I would need some guidelines on that airport money could be used for and I wouNt suggest that what $1,000 be included in that budget and we would not need to keep going back every year. In discussions with Administration I find that there really are no guidelines for setting a budget because we don't know for sure what the FAA is going to allow in that budget. The FAA needs to be contacted to find out if we can create a budget for our Airport _.-. =... Commission. t. .y I-2 City Manager City Manager Brighton: There is a letter from Maleton/Braun in the packet. It requests no action, however, please read it for future reference. Under Info 9 is a letter I have sent to the Assembly people soliciting support of 8wires. it infuriated the Borough Mayor. = I-3 City Attorney f City Attorney Rogers: The Council had requested information - regarding the rights to the Logo. A memo addressing that is in "- the packet. If the Council wants that logo, I assume what we'll - -- --- have to do is enter into a contract. Do you want copyright _. rights? Answer from Council, no. It was suggested that if ` something is done similar to this in -the future, it will be submitted with the understanding that they are the property of the City. Info 12 references the City of Palmer case and provides a basis for revenues, if passed. it may well extend to cable TV. I-4 City clerk - _..---------=— - ---- - _ None- - - -- - - - - - - - -- -- - -- ---- - -- - --- - - -- -- - --------------------------- "1j ; „ L L +!F" y KENAI CITY COUNCIL - MINUTES l -July 20, 1988 - r - — - - - - - -- -- -- - Page 19 I-5 Finance Director None I-6 Public Works Director None i-7 Airport Manager None J. DISCUSSION J-1 Citizens Don St.John: I came to hear my street name mentioned again. Last time I was before this Council it was for the name change of our street, again, to Watergate Way. This time I heard, via the grapevine that we're going to get our street paved, someday. And that it was going to be mentioned tonight. It wasn't. I was disappointed. A couple of administrations ago we were on the list to get our street paved at that time. Administrations changed, it was thrown out. I would just like you to know that we're still out there. You waved the bone in front of us again, we'd like to see some action. We were not at the meeting last week, because I received no notification that we were under consideration. When our street name was changed we received a letter from the clerk with a signed returned receipt card on it. Something of great importance like the name of the street. I think paving is equally important and at least we could receive some type of notification. Notification that it is going to come before the Assembly. I know the hour is late so I won't take any more of your time. Mayor Williams: I will go ahead and address those comments. Yes Watergate Way is a number one priority to be paved. The reason it is not before the Council is because of the time and manner in which we have to act. Watergate Way is in need of a tremendous amount of additional work besides just the paving, it also includes relocation of utilities such as telephone lines, the telephone company has to be put on notice so that they have to order the cable, we're looking at a three month delay to give them time to get their materials here and they have not even budgeted for the telephone cable removal. In consideration of the time element Council has decided to deal with Watergate after we dealt with the other issue but it definitely is on the paving list for next spring. Don St. John: I have no problem that it might be done next fall, but at least something could have been broug up sa , it and if the Clarion reported a couple of different things on KENAI CITY COUNCIL - MINUTES - — - - - - July 20, 1988 Page 20 I, last issue then there .-Yas a correction and then they come out in todays paper'.saying it would be before tho Council. I hope that this helps straighten this out. At least the notificatiun that it was,aoming,before the Council would have been nice too. Mayor Williams: I might also recommend that you attend the next two meetings of Council because whatever action taken regarding roads and assessment districts as a result of the two resolutions and ordinances tonight the amended ones will be before us at those times. If Council elects to form an assessment district that will be the same policy that we follow over there. Don St. John:. Will they rescind our assessments in three years. Mayor Williams: I cannot speak for future Councils. Don St. Johns: And some roads at cost and some at no cost like they don't tonight? Mayor Williams: I cannot speak of the future actions of Council. J-2 Council Councilwoman Bailie: Three things all directed towards the Public Works Director. 1)- Main Street needs to be striped meaning Main Street where we made the center lane for left turn. So many of our tourists don't know its there and it certainly needs to be done before the snow starts to fly. 2) I received a phone call that the shrubbery needs to be cut on the corner of Redoubt and lot Street in the Mommsen area. They called the City a couple of times and it looks like someone came out and stomped down on them but nothing was cut. They have almost been hit twice so something needs to be done. d) Public Works look at the retaining wall at the end of Forest Drive. It still has graffiti, it has been there for almost a year and nothing has been done. Finance Director Brown stated he signed a purchase order today for sandblasting for that wall. City Manager Brighton: I can confirm that, I was with him when he gave that assignment to his crew to get that done. Councilwoman Swarner: I was called this evening about dock facilities. Evidently there has been a problem at low tide of parking. When boats are putting into the river they park their trailers there and the question was asked who was responsible for making those trailers move. City Manager Brighton: I would assume the dock foreman would need to inform the population. I wasn't aware of the problem. Councilwoman Swarner: How often do water trucks go down Candlelight and Aliak, those streets. City Manager Brighton: As often as time permits but we would have to run them three times a day to keepthe dust down. I would suggest a schedule. Mayor Willia_ms: I can tell you that I have soaked -that- stree-ow -- until it was a mud puddle and in 20 minutes it was bone dry and us y. • ��' KENAI CITY COUNCIL - MINUTES July 20, 1988 Page 21 Y y 1 ' s --- = - E i r Councilwoman Swarner: About a year ago a man came and offered a model of the platform and we had decided to put it at the airport, what happened to that. Mayor Williams: The platform blew up. The model is being remodeled to look like the new platform. Councilman McComsey: The Peninsula Caucus met last week and we need to, if we can, get some resolutions or whatever to help with legislative matters in the coming year. I was thinking along the lines of a resolution to upgrade the highway between Soldtona and Kenai or anything else the Council can think of. Mayor Williams: I would like to move ahead with that resolution program as well. With council's permission I think we should go ahead and instruct Administration to prepare a resolution to bring back to us on the 1988 matching fund grant from the State, Susan Humphrey Barnett relative to the water line are the two most discussed as well as the fish tax. Especially the fish tax resolution so that I can get them out to the other mayors. Councilman McComsey: With our Russian connections now, is the airplanes flying back and forth, we should look into that further. Mayor Williams: I've written to the Governor relative to developing some kind of a relationship with the community of Kabvavak, or however its pronounced. The people from this community are thought to have wound up in Kenai as the original fur traders 200 years ago. Also in an article published in the Tundra "limes this was documented. We are trying to set up some lines of communication. Councilman McComsey: I had heard that they were going to have some type of ambassador person in Anchorage. Mayor Williams: This is something I was going to discuss with the Governor as well on Wednesday. Councilman McComsey: We had a very successful softball tournament over the weekend with IS teams attending. ADJOURNMENT There being no further business the meeting was adjourned at 12:10 A.M. VatX 4�� Janet A. Loper Deputy Clerk AC * lea, I LIC. —a-P 8'8 L