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HomeMy WebLinkAbout1988-10-05 Council Minutes' AGENDA 'i KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 5, 1988 - 7:00 PM A. CALL TO ORDER ,. 1. Pledge of Allegiance 2. Roll Call - 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are A `- -- - — 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 COMMENT (10 Min.) ,.. 1. Woody Cole - Failure to Uphold City Landscape Ordinance z C. PUBLIC HEARINGS _ n . 1. Resolution 88-83 - Request of Legislature - Development of Senior Citizen Independent Living ''. Program - $6.5 Million D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission -- - - ---. 5. Library Commission . , 6. Recreation Commission - - - 7. planning & Zoning Commission 8. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, Sept. 21, 1988 F. - CORRESPONDENCE- .. -.. -- - - - -- - --1.- - *U.S. EDA, James--L�._Perry- - Thanks to.. Mayor- - - - - - 2. Catherine Mayer, Kenai Borough - Use of Sand from Kenai Landfill G. OLD BUSINESS 1. Board of Adjustment Decision - Foster Bros., R/V Park H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified - 2. Requisitions Exceeding $1,000 3. Ordinance 1289-88 - Increasing Rev/Appns - Kenai Flats Wildlife Viewing Area - 8180,000 4. *Ordinance 1290-88 -Amending Kenai Municipal -., _• - --- - - - Code, Title 21 & 22 - Applicants to Lease or „ Purchase City -Owned Lands Pay Cost of Survey & Appraisal 5. *Ordinance 1291-88 - Increasing Rev/Appns - Airport Terminal Renovation, South - ;771,667 6. *Ordinance 1292-88 - Increasing Rev/Appns - - - Boating Facility - Overtime & Supplies - $41,000 :-• 7. *Ordinance 1293-88 - Deputy Clerk to Receive Clerk's Pay After Ten Days Absence of Clerk -- ---- =r--.: 8. *Ordinance 1294-88 - Amending Kenai Municipal - Code, Title 23 - New Hourly -Rate - Part Time 9. *Ordinance 1296-88 - Increasing Rqv/Appns - Float Plane Basin - Develop FBO Lots - $87,438.48 10. Discussion - Student Ad Hoc Member for Council il. Discussion - Release of Lands for Sale -Kenai River & Beaver Creek Areas - - 12. Discussion - "Welcome to Kenai" Sign 13. Discussion - Street Lights " I. ADMINISTRATION REPORTS 1. Mayor - .. - .. ;:, :- • 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION - - .--- --- - 1. Citizens 2. council ;. K. ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 5, 1988 - 7:00 P.M. -...► KENAI CITY HALL MAyOp JOHN J. WILLIAMS, PRESIDING A. CALL TO ORDER Pledge of Allegiance 2. Roll Call Present: Mayor Williams, Bailie, Measles, Monfor, O'Reilly, Swarner Absent: McComsey (excused) 3. Agenda Approval Mayor Williams informed the Council that there are members of the ' Kenai Chamber of Commerce who wish to speak on item H-3. !`� --- ---'- -T Ordinance 1289-88 had been postponed for lack of information. - Mayor Williams asked if the representatives would be allowed to speak under item B, Council agreed. 4. Consent Agenda Councilwoman Bailie stated that she would like to remove Item H-4 - and H-6. Council agreed. - - MOTION: Councilwoman Monfor moved approval of amended agenda and consent agenda, seconded by Councilwoman Bailie • VOTE: Motion passed by unanimous consent t B. SCHEDULED PUBLIC COMMENT (10 Minutes.) 1. Woody Cole - Failure to Uphold City Landscape Ordinance Woody Cole, Vice Chairman of the Landscaping/Site Plan Review Board: It is my understanding that we elect all Council members the balance of City Hall are either - - --,---,\y` -"I and Mayor. I also understand - f appointed, contracted, or hired. I have not been able to ascertain the right of any appointed, contracted, or hired _ official to circumvent or blatantly disregard the Kenai Municipal ` ki I Code. Especially if they don't happen to agree with it. That's hearings and elections. why we have a democratic process, public _----"--- -_" -- �- - --- don't agree with portions Kenai Municipal als cityofficials Cod findtheyare notrworkable,othey do have the same democratic process --available -to -them. - -They-do- notl�ays_the igh_t _- to selectively choose which portions will be followed and enforced !k II and which will be disregarded. you, the Council have the ultimate 07 Ury KENAI CITY COUNCIL - MINUTES OCTOBFR 5, 1988 PAGE 2 responsibility to assure the voters, the taxpayers, the citizens, public at large, and yes even the visitors that the Kenai Municipal Code is followed, that our basic rights of expression are not put up on some shelf and looked at some many years from now. I'm referring specifically at Title 14 which is the. Landscape/Site Plan Review Board. In a nutshell, it says that in order to build or make any improvements on any lot within the City designated industrial and business, that a site plan will be provided and will be reviewed before a building permit will be issued. I'm not totally sure how many building permits have been issued at this time without that process. The Windmill Restaurant is one, McDonalds, and I'm not sure about the Kambe Theater. -They are currently -in violation of KMC 14,25.020 which specifically states, "it shall be unlawful for any person to construct, erect, or maintain any structure, building, fence or improvement including landscaping, parking or other facility on property designated as commercial tracts unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. There has been no approved plan. Building process should be public. I feel very strongly about that. I think there needs to be an investigation into this to find out what exactly it is. As I see it, we have a choice, some of them may be drastic. One is to rescind 14.25 through the proper public hearing process. Remove the offending officials and I think that would be a real poor choice. All. of the public officials we have do an excellent job. And last, to assure the public that this hypocrisy at City Hall is forever, and will be a thing of the past. A closing comment I'd like to make on this is simply, from the tourist comments and the residents, visitors, even people in Soldotna, they all continent on how great Kenai looks. One of the over riding concepts of the landscape ordinance and the beautification committee is still the pride in the community and hopefully, on a voluntary basis, enhance the City accordingly. One of the target areas was the Carrs area. I'd like to point out, that on their own accord Carre has added a lot of landscaping in front. This is exactly what we have been trying to instill. We don't -want to legislate in that everybody has to do something, but we need a way of getting it started. And now that we're starting to get some momentum, lets not derail it for the sake of perhaps misunderstanding or circumvention. Councilwoman Bailie: I'd like to know the Administration's comments. City Manager Brighton: Primarily, I guess I'm basically responsible because I suggested to- the --Building Inspector that perhaps we ought not continue to follow that -section--of -the--code-on the--basis-that- the Supreme --Court- has- ruled-__ it is illegal to hold a building permit hostage for construction or other ancillary affects around that building that were not substantive to the building itself. Now, obviously I'm not legal w L... J �z 9 0 - KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 3 council for the City but it would appear to me that if we held the building codes permit, and the individual had met all the requirements for the building itself, that we would come under the ruling;of the supreme Court that says that that is a unlawful taking'or restriction on an individual's property. But that was the reason. If it followed up and we held our building permits hostage because something else was not done on the property or away from the property we would be in violation of that Supreme Court ruling and subject to whatever the consequences might be under those circumstances. Woody Cole: Before the attorney issues a comment on that, part of the requirements here have nothing to do with holding hostage and have nothing to do with, as you said, sundry items, they have to do with snow removal, proper drainage, proper lighting, safety features. If the attorney does agree that this is, in fact the way it is, he is probably the only attorney anywhere in the country that does agree with that because most all cities have continued to support this. Everything that I've read from the National Homebuilders Association, from the publications that I find in the City Manager's office, I believe it named something about municipal. City Attorney Rogers: I'm not acquainted with your research you haven't given me any citation at this time, however, there is exposure on behalf of municipalities in enforcing the provisions similar to what we have. It's been noted in the Wall Street Journal as well as case law. The case law is in a state of flux right now. So I guess basically I'll have to take exception to your legal interpretation and indicate that there is exposure on behalf of the city insofar as conditioning a building permit upon beautification and upon certain other unrelated purposes to the actual building of the structure. From an economic standpoint, some of the smaller buildings, it wouldn't be feasible for them to resist, however, that's not the criteria that we should use as a city in making decisions. I only heard of this late this afternoon. You've chosen to come to the Council in public meetings, I'm not aware that you've come to my office with a complaint or to the City Manager's office. Certainly, when it was brought to my attention this afternoon, I conferred with the City -Manager and we agreed that we need to take a look at it. Either rescind the ordinance, rewrite the ordinance, or in some manner either hold it in abeyance or enforce it. In view of the various rulings that come down showing that, in fact, action such as is set forth in our code has been subject to litigation and has resulted in a finding by some courts of condemnation of the person'e property to the extent that they have to expend additional sums to -comply with non -building criteria n- - order to get a building permit. I would concur with the City -- - - - - -Manager-in-that--there-is- exposure. --If--you--have - some authority ---- otherwise I would appreciate you submitting it to the office. We do have McQuillan and various other legal treatise you're welcome to look at. i .� , l _ A ,a' t� KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 4 Woody Cole: I have no quarrel at all with your interpretation or anybody else', what I am concerned with is the fact that the ordinance is on the books, and if there are legal problems to it, why has it not been resolved rather than just shoved in the back room and not gone before public process and re -interpreted at the whims of whoever. This is what I feel is wrong. City Attorney Rogers: I take exception to your insinuations that it is shoved in the back rooms. I believe that the City Manager indicated that he has dealt with the situation in a couple instances administratively. It's now being brought to my attention, you obviously chose .to bring it into a public forum rather than discuss it with us, that's you're prerogative. I'm sure the Council will direct us to make a report back to Council regarding the viable alternatives that we see in our recommendations in dealing with the problem. Woody Cole: I'm sorry that this is the first you've heard of it because this is not the first that I have mentioned it. City Attorney Rogers: I'm not in the permitting business, it's brought to my attention often times when there is a problem, obviously there's a problem. Councilwoman Monfor: I agree with Mr. Cole, there seems to be a problem. We worked for a long time getting that ordinance on the books and I'm stressed at the fact that we didn't know that the Supreme Court has said that perhaps our ordinance isn't any good and because of the work that was done by the Landscape Review Board, and the Beautification Committee this town speaks for itself and is a model for other communities within the State of Alaska. I would hope that if it needs to be rewritten we do that immediately, that people who are building the buildings know that we still have a landscaping ordinance that is still in effect and they still must adhere to it and that matters like this are dealt with when they come up and not pushed aside so to speak, hoping they'll just go away. People like Mr. Cole will be out there knowing what's going on. Councilwoman Bailie: I don't think we should ever lose sight of the memory of the bowling alley which we had some problems with, one site plan was presented before Planning & Zoning and a totally different structure was built. I think another thing that we need to keep in mind is the fact that we have people within this community who feel strongly about how this community looks and are willing to volunteer their time to serve on boards. I think we in the administration part, if they find that there are problems with _ a -certain area, then ..they.. owe _.it -to these-. people. who -are..-- volunteering their time to explain to them why they are circuMventing certa-in_areas_of_the code. As well as they -owe _it to this Council. In addition, I think that this particular ordinance was modeled after the one in Anchorage, very closely to it and it was not the 77 7 7 ... _:.,..r o T. t p7 KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 5 building permit if I remember, it was the certificate of occupancy. I think it is important that we remember this and I agree wholeheartedly with what Councilwoman Monfor says, it did take a while to get this on the books, we do not stand out there like the lone ranger.- Soldotna has a very similar ordinance, Anchorage has one, and a lot of other communities. I would hate to see us abandon it totally. I appreciate Mr. Cole bringing it to all of our attentions because apparently it would not have been brought to our attention had we not chosen this way to do it. City Attorney Rogers: I'm not aware that we are meeting any resistance from those building, I don't know why, I assume we will find out, but I ap aware of the exposure that all municipalities face. The fact that Anchorage had one, they had a tow ordinance up there too that somebody's going to nail them on. So just because they're big city doesn't mean they always do right. Councilwoman Bailie: That's true. But just because they're big city that doesn't mean that all their ordinances are going to go by the wayside either. City Manager Brighton: It was my intention in the interim to prevent the -City from being held liable under this set of circumstance, and obviously I think there's probably a way that we can work something out that will do what the Council wants to do without putting the city in a liability situation. Councilwoman Swarner: I would like to thank Mr. Cole for bringing this to our attention. I'm upset about it because we just found out about it now after the building this summer. Have any other buildings that have been issued? City Manager Brighton: Other than the one's he mentioned I don't know. Mayor Williams: We wait. to thank you for bringing this to our attention and we will definitely have administration look into the matter and perhaps bring forward some case law or something pertaining to the structure of the code in the event that it has to be modified. Added Item:. Mayor Williams: While on the -subject of building, the i administration has arranged to have Mr. Hackney, our Building Inspector designated as the Fire Marshall, inspector on commercial building as opposed to having to transport plans to Anchorage to the Fire Marshall's office for review. This saves a developer considerable time in getting his plans approved and his building constructed. He has also beau designated as the person in charge of handicap access for car -area. - - - - Councilwoman o'-Reillyv- Don't -we have -someone --with that_._ - designation within the City? City Manager Brighton: This is a restricted Fire Marshall area. it is from a commercial new ;Y is L I KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 ' PAGE 6 construction standpoint. The fire department has fire protection } and inspection in which they do all present structure. They also will review plans of a new structure, but this was to avoid the { unnecessary trip to Anchorage. i Mayor Williams: Also on the Building Inspector's desk is the plan to double the capacity of the Kambe Theater. 2. Chamber of Commerce - Wildlife Viewing; ,area This will be in regards to item H-3. A Fred Braun introduced Rhonda Webb, the new Executive Director and f Manager of the Chamber. Mrs. Webb passed out letters to the Council detailing commitments on behalf of the Chamber. Fred Braun: There was some concern that the project was not moving as rapidly as it should. With this updated sheet I think it can be submitted and the City is in the position to receive the $90,000 grant from the State Division of Parks for the construction of the viewing platform for the Kenai River Flats. - - Mr. Braun detailed the figures for the Council. We would like to begin construction as soon as the ground freezes, hopefully the , middle of November or December to drive the spikes. I would like to list some of the agencies that are involved in it; Chamber of Commerce, Audubon Society, Sierra Club, Ducks Unlimited, Dept. of Transportation, U.S. Fish and Wildlife, State Division of Parks, State Department of Fish and Game, and the Kenai Conservation " Society. The Chamber does appreciate the support of the City of Kenai. This does not include several other donated items. Mr. Braun: This would be the first phase of three and should be - the toe hold that we are looking for. The Division of Parks has just completed it's mylar signage that will be put in place in the spring of 189. It is approximately $20,000 for this type of sign which include sea life, caribou, volcanos, six different topics in all. C. PUBLIC HEARINGS 1. Resolution 88-83 - Request of Legislature - Development of Senior -Citizen Indeaendent Living Program - $6.5 Million - MOTION: Councilwoman Monfor moved approval of Resolution 88-83, seconded by Councilwoman Bailie. Councilwoman Monfort: It was brought up last night, by a lady who is married to a retired FAA person who was under the impression that there were restrictions on that land for any residential -use - and I would hope that that would be researched. City Manager Brighton: Not to my knowledge, but we will check the title. F. KENAI CITY COUNCIL MINUTES OCTOBER 5, 1988 PAGE 7 'f J 5r' n - •L Councilwoman Bailie: A suggestion, in the third whereas it speaks to utilities, I think it might help if -we put a dollar figure in there because it would show that we are putting up a goodly portion of the project and it might help in going to Juneau to help the legislators make up their mind. City Manager Brighton: To Keith, is there a way to calculate an amount at this point? PW Director Kornelis: I'm not sure that a dollar amount would be that great. Water and sewer service is right there so you're talking a very minimal amount. The connecting road would be part -of the grant we're asking for, -and unless you want to discuss the road to the Senior Center, there would be minimal cost. Mayor Williams: Unless you count the - value of the land which is in access of $100,000. City Manager Brighton: In order to get that figure we probably should get an appraisal so we would be in the ball park. Do you want us to get a figure and have it available at the next meeting? Councilwoman Swarner: I don't think a dollar figure is necessary but I do believe there are some seniors who would like to testify. Mayor Williams: I support this project 100%, I just want to let you know that during Saturday's Kenai Peninsula Caucus meeting I took the artists rendering of the project down and explained it to the Caucus, they agreed to bring it on to the agenda for their next meeting and vote on the resolution then. However, we may need to talk about. Last week, during discussions with the Governor and Mr. Smith of the Department of Commerce who expressed concerns about the economic viability of major capital improvement projects through the CIP funding process. Would Council consider breaking this into two basic parts of the same resolution, asking for the money for the expansion and the other for the development of the congregate housing. It has been said to me in no uncertain terms that in order to go with a project like this it is going to take a tremendous amount of legislative support. Perhaps if we offer an alternative the resolution might look better. This is only a suggestion. Councilwoman Bailie: In the past we have looked at many of our requests in just this manner. We have gone down there and "worn the white hats" and what has it garnered us, not a lot. When you're talking about this particular resolution the last whereas says it all. I don't think people understand the inequity that is existing today what it costs to be in a pioneer home versus what it costs to be in a nursing home. This is going to show the State of Alaska that there is an alternate method and that it can be economically feasible. I think if we break it up our chances are very -good that we'11_9nly get a portion of it...-. Mayor Williams: I put that out as a suggestion and understand your feelings. I will work just as hard to get this project through as any that I've ever worked on and I will do everything in my power but I do want the Council to understand that this q f A KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 8 particular year, as much as the last two years, its going to be +, very difficult. Councilwoman Bailie: What feeling did you get from the Caucus regarding this being a peninsula wide service. Mayor Williams: I _ think they were comfortable with it. The Caucus isn't represented i by all of the communities on the peninsula, I understand that Homer has had some reservations and were not at the meeting. I also understand that Homer is looking at some type of elderly housing and may be in competition with ours. Most definitely they are not in the advance stage of planning and design that we are. II Councilwoman Monfor: If the Caucus isn't going to meet until after the-AML meeting in November, and we're trying to -decide if this is going to be one of our projects or an area wide project, does that not put a crimp in what we're doing? Mayor Williams: No, we discussed it as an area wide project based on the studies that have been done. Councilwoman Monfor: You want something out of us by the end of this month, how can we send something to Juneau without that decision. Mayor Williams: I think what we need to do is pass our resolution and depend on the Caucus to come along with theirs. The legislature won't be in session until January. AML is going to formulate their package at that meeting and the Caucus will meet prior to AML. The legislature will recognize it as coming through the Caucus. i Councilwoman O'Reilly: I think we should go ahead with our own resolution as well. In addition, I might suggest that if there are any capital projects money available on a state wide basis, the legislature is going to be looking at all of those with a very careful scrutiny and the first consideration is economic opportunity or advantages to the community. Can we add another whereas to speak to the economics. City Manager Brighton: One of the problems with that is it would probably make Seward, Homer, and Soldotna more competitive in i order to acquire it into their area as opposed to continued support from those areas to put it in the Kenai area. To relate to the Homer situation that I was unaware of, you must remember that the State of Alaska paid for the survey and the consultant -' who did the survey for the peninsula and their conclusions were that a home of this nature was needed on the peninsula and the ,4 ideal location is in Kenai. This was a survey conducted with state money and for someone else to get the state to fund another home of this nature in another part of the peninsula, would appear to me to be counter- productive with -state .dollars...... ---- -_- -=--- - ---- -- -- --Mayor_ Williams _opened the -item -to _public- comments. -- - -- - --- _-- Betty Warren, Box 116 Kenai. I am not a resident of the city but I am a tax payer. We have been working on this project for about i KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 9 five years. We started out looking for a pi,)near home. We had a picture of Jette Petersen on the front of the newspaper in a bed outdoors with a caption that read please bring me home or get me in a home. Jette is in the Anchorage pioneer home. I know finw..ices are bad, but the need is critical. There are so many pardons we try to help. This is an important project for the merchants, for the beautiful new building in Kenai, and most important to the older persona who have lived here and want to stay here and not have to leave. Pioneer homes probably are not economically viable any more. The Juneau home had a hard time and ended up being run by private enterprise-aimil_ar to the other homes. Congregate housing is a project that will allow the City of Kenai to continue to support seniors like you've always done. We will continue to work on behalf of the project by contacting legislators as we have always done. There are people writing for the Senior Voice to help. Councilwoman Monfor: If we were fortunate enough to have this facility constructed are there any other costs that you could see the City saving in other senior programs such as perhaps the meals on wheels or anything? Answer yes. That is a good example as well as other areas. Mayor Williams: I took the liberty of taking the artists rendering over to the senior center to be placed on display, it seems more appropriate. VOTE: Motion passed by unanimous consent D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging Councilwoman Swarner: A committee has been meeting with the architect regarding the expansion of the dining facilities and there will be another meeting of Friday and it's progressing well. 2. Airport Commission Councilwoman O'Reilly announced that there will be a work session tomorrow with the Economic Development Commission. 3. Economic Development Commission Mayor_Williame:_ Wu have associated with your packet a copy of the detachment study. The Commission and consultant s o e commanded on the work that has been put forth in the development of -this -study.- - This is -not -an answer -to -the -question of whether or not to detach, but rather a synopsis of potential events and questions to be asked which would help with that decision. Prior to this report we had little knowledge of the impacts on all KENAI CITY COUNCIL MINUTES OCTOBER 5, 1988 PAGE 10 - levels. The Commission will be going over this report at their i meeting of October 13. k As mentioned the two commissions will be meeting tomorrow, the 11_ purpose is to begin oxploriag the potentials of marketing the infrastructure that would be put into place. The Governor, along with Fairbanks, Anchorage and the federal government have been working towards getting new airport industry going. Anchorage is being designated as one of six gateway cities for foreign countries which will open doors for direct flights to Asian countries. it is my thought that Kenai can become a part of it. What is a -small amount to Anchorage would be a large amount to Kenai. Seward hired Bill Gates as their marketing director for their ports. 4. Harbor Commission Barry Eldridge: No report, however, I had not heard that we were } to be a part of the meeting tomorrow night. fl Councilwoman Monfor: I was a recipient of one of the surveys that were sent out and I would like to say that it was very lengthy and does not address set netters which upset me because there are a lot of set petters. I think there was a large area missed by not including more portions directed towards them. There were two pages in there that were time consuming and fairly complicated dealing with figures and I feel that many fiehermen would bypass. I question how accurate the survey is going to be and I think the administration and Harbor Commission should take a look at it because it may not be what you were looking for. Barry Eldridge: I believe he patterned it after the survey done in Homer which don't have many set potters. PW Director Kornelis: The Harbor Commission did review the survey before it went out. Councilwoman Monfor: I'm sure they did, but I think it Mould be good for everyone to look at. Mayor Williams: It was pleasing to Bee the net results at this point in the year's operation of the harbor facility plus the creation of jobs during the summer plus $61,000 net. S. Library Commission Councilwoman Monfor: We had a meeting last night so the minutes will not be in the packet. I would like to remind everyone of the town meeting tomorrow night at the library. The Commission had discussed having a student representative and we are finding that this is a difficult task. Probably we will not be oesing a student on the commission n t e future. The student appointed last year was never able to come to a meeting. The Commission feels that if they do not have business, they won't meet, saving the City time and money. n J KENAI-CITY COUNCIL MINUTES OCTOBER 51 1988 PAGE 11 Mayor Williams, Speaking of student representatives, I have only had one application for the Library Commission and it is not from a resident of the City. 6. Recreation Commission Director McGillivray: A couple of things not included in the minutes which were in your packet; the motions that were made were not reflective of the discussion and the motion made. We will be meeting next Tuesday and we will again discuss it so that there will be no question. The minutes reference a recommendation that a dollar fee be put on for students using the weight room. We have stayed away from any fees on the students for facilities and a reduced fee for raquetball.. However, there are groups of young people getting into the weight room not in there for weight lifting, we've had some equipment disappear and possibly vandalized. The idea of the fee would tend to discourage improper use. I am assuming that it should be a vote of Council and any fees usually have been. Councilwoman Swarner asked what is the dollar fee? Director McGillivray answered $1.00 per day. A shower is included. Councilwoman Monfor asked if $1.00 was enough. Director McGillivray answered that we will find out if this approach doesn't stop the congregating. MOTION: Councilwoman Monfor moved to establish a fee of $1.00 per day for use of the weight room, seconded by Councilwoman O'Reilly. VOTE. Notion passed by unanimous consent Councilwoman Swarner asked about the stair climber. Director McGillivray answered that he has had several conversations with the provider who recommended that we not go with the specific equipment we had asked for which was the $4,000. He recommended the same type of equipment but at a price of approximately $2,100. The reason is based on an unsupervised room, the computer portion would be a target. 0. Councilwoman Bailie: Regarding your memo to the Commission for pocket parks on Walker Lane, this was discussed several years ago when I was on the Commission and I think there could be a problem. At that time there were so many areas within the City that this concept could be used in, the Commission needs to discuss the entire concept. If they decide to go with the pocket park perhaps we should look at the adopt a park program that is working in Anchorage:-- horage1-wottld--like-tc-see-the Commission further discuss - this before as you suggested having the engineering department -come- up with -a-plan_-If -we-do it,- we're -going--to--have to -be looking at more personnel to take care of these parks. KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 12 Mayor Williams: I have no objection to beginning some sort of adopt a park program if that is what it takes. I know We do have 4 a couple of pocket parks in town now. in looking over the real estate there is only place one could go is midway down Walker Lane. I agree with Councilwoman Bailie that the entire subject needs to be looked at. The neighborhood has grown and it is a young population with small children. Councilwoman Swarner: The area at the end of Walker Lane does need to be cleaned up, is that City land? Answer no. Councilwoman Swarner: My 4-H group happened to be cleaning up Walker Lane last year and there is old garbage. That would be a great place for a kids group or a service club to make this a project. 7. Planning & Zoning commission Councilman Measles reported that he was at a Council work session and not at the last meeting, however, the minutes are in the packet. Chairman Smalley: The two main items that came up were items which are not dealt with in the code and are the RV parks and bed breakfasts. There are some Council members here that were on the Commission when we first began dealing with the RV question. . ......... At our next meeting we have a work session scheduled to begin a Plan will be recommendation to council. Also, the Comprehensive on the agenda and will be a longer process. Mayor Williams; You still have one vacancy on the Commission? Answer yes. Mayor Williams: I am trying to garner more applications for you. Councilwoman Bailie: I would like to suggest Duane Bannock who has shown great interest in the City. While I have not discussed this with him he would be an asset and I think he would. And Don McCloud who is employed by the Borough maintenance department but did serve thirteen years on the Borough Assembly while a resident of Seward. S. Misc. Commiss ions/Committees None E. MINUTES 4'. 1. *Regular Meeting, Sept. 21, 1988 is F. CORRESPONDENCE • *U.C. EDA, James L. Perry Thanks toMayorConsent Agenda Item L.J r--- -- - --- -, KENAI CITY COUNCIL - MINUTES l OCTOBER 5, 1988 PAGE 13 f is 2. Catherine Mayer, Kenai Borough Use of Sand from Kenai „ # Landfill ,�. No convents G. OLD BUSINESS --. - 1. Board of Adiustment Decision - Foster Bros., R/V Park City Attorney Rogers: At this time I would circulate to the Council, the proposed decision, facts, discussion, and findings. You have it in draft form and I would pass it among you now so you'll have an opportunity to attach your signatures to it and date it. I received back some copies from you with comments, none of which substantially change the document. If you want to { incorporate any comments there is space as there was on the draft _ copy for you to do so. -That way we will release the official document as yours this evening. Mr. Foster is here. Second, it is appropriate at this time to inform you of the replacement of Ron Sucliffe with the Legal Assistant, Cary Graves y who is seated in the back. You will have an opportunity during the recess to meet and greet him, welcome him aboard and ask him any questions you may have. }.r ". (. Mayor Williams: I need official approval of Mr. Phil Ames to be .f_ .._, . - named to the Airport Commission. Also, I need official approval of Mr. Ron Hansen and Cliff Massie for the Recreation Commission. _ MOTION: Councilwoman Monfor moved to accept those persons named, seconded by Councilwoman Bailie fi. t. >. ,„ 1: L VOTE: Motion passed by unanimous consent Council Recessed Return to Item F2: Letter from Borough regarding the landfill. Mayor Williams: Keith is there any reason why that work can't be completed by the proposed deadline? Answer no. Return to Item G-1 City Attorney Rogers: I have provided Mr. Foster with an unsigned copy of the document, presupposing the document will be signed by the Council. It has been signed and dated without comment by the Council. Mayor.Williames Council will, note_in.my-correspondence -to -the..._ Commissions and Committees that I did address the item of RV parks as_A3 -priority -item -to the Planning - Commission. i ■ t`t KENAI CITY COUNCIL - MINUTES -n OCTOBER 5, 1988 { PAGE 14 #.. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman O'Reilly moved that we pay the bills, seconded by - = Councilman Measles PE: Motion passed by unanimous consent City Manager Brighton: Mr. Brown is now receiving the best intorest he has received for his deposits all year long. 8.365% from NBA. Finance Director Brown: Most of the money, including the one that is 8% is a treasury bill, we are not purchasing NBA securities. 2. Reguisitions Exceeding $1,000 TION: Councilwoman Swarner moved to pay the bills, seconded by Councilwoman Bailie Councilwoman Swarner: On McLane's surveying bill, were other surveying companies contacted? Administrative Assistant Howard: Because the applicants will be paying for the survey, we are going to be billing them, we gave them the option of choosing. Councilwoman Monfor: What are the three tables for the Borough for? Finance Director Brown: That is from the Senior Citizen funds, the Council on Aging. It has the tag "Borough" on the end of it because it has been donated. VOTE: Motion passed by unanimous consent 3. Ordinance 1289-86 - Increasing Rev/Appne - Kenai Flats Wildlife Viewing Area-s180,000 MOTION: Councilman Measles moved for introduction of Ordinance 1289-88, seconded by Councilwoman Swarner 1 VOTE: Motion passed by unanimous consent 4. - ode,Tite21 & Ordinance 1290-88 Amending Kenai Municipal C `- - --� 22 Applicants -to --Leaes or Purchase -City -Owned -Lands -Pay t of Survey & AAoraisal - This item has been removed from Consent Agenda. Councilwoman Bailie: I was concerned that in the appraisal and surveying of c.. — ---------- KENAI CITY COUNCIL - MINUTES - OCTOBER 5, 1988 PAGE 15 +4 these lands I was hoping that the City would keep the option to h' choose the appraiser themselves. Apparently that is rot going to be the case. City Manager Brighton: No, probably we will retain the right to chose, on a particular bid basis. Very seldom do we get the " request for platting of tidelands or for real estate for lease or sale because most of it has already been platted. However, the reason for this particular measure is that there was a time it only cost us $150. The FAA has insisted upon more critique from the appraiser which makes the appraisals longer and more time -- -...4- consuming. They have also insisted upon a review by MIA of that appraisal which has run the cost of an appraisal up to .. approximately $1200. Councilwoman pailie: This question was posed to me last week '.. after this was suggested by an individual who wanted to know if we, are allowing an individual who wanted to lease lands to choose the appraiser. My answer to him was I was sure we were not, but ` apparently today we did. City Manager Brighton: That was a special circumstance. - MOTION: Councilman Measles moved to introduce Ordinance 1290-88, seconded :." Tf by Councilwoman Bailie VOTE: _ Motion passed by unanimous consent . City Manager Brighton: The reason we wouldn't permit them to hire their own appraiser is because they are setting the price on the - real estate. A surveyor is not setting any price on the land. '.'Y_ S. *Ordinance 1291-88 - Increasing Rev/Appns - Airport Terminal Renovation. South - $771,667 Consent Agenda 6. *Ordinance 1292-88 - Increasing Rev/Appns - Boating Facility - overtime & Supplies - $41.000 -_ Removed from Consent Agenda. MOTION: Councilwoman Bailie moved to introduce Ordinance 1292-88, seconded :i by Councilwoman O'Reilly. ''. Councilwoman Bailie: I was concerned about the type of supplies that would cost $35,000. PW Director Kornelis: The fuel that was sold. ,. •.. Mayor ame --Wad the -j67;000-net prior -to -this $4%,000-- — - - - -Wirii expenditure? Finance Director Brown: I think the net is $67,000 which is revenues minus expenditures. In the first whereas I'm f L KENAI CITY COUNCIL MINUTES OCTOBER 5, 1988 PAGE 16 talking about how much actual revenue is in excess of the revenue estimate of $50,000. They are two completely different things. is Exceptfor a little activity beginning next June, what you have in these printouts are pretty close. VOTE: Notion passed by unanimous consent 7. *Ordinance 1293-88 Deputy Clerk to Receive Clerk's Pay After Ten DaysAbsenceofClerk Consent Agenda item. a. *Ordinance 1294-88 Amending Kenai Municipal Code, Title 23 15 Now Hourlv Rate Part Time Consent Agenda item. 9. *Ordinance 1296-88 - Increasing Rev/Appne Float Plane Basin Develop FBO Lots - $87,438.48 Consent Agenda item. 10. Discussion Student Ad Hoc MemberforCounai Mayor Williams: I received a call and correspondence with the new high school teacher in charge, Mr. Phelan who is very interested in furthering the cause of student participation in student goverment. I do not know the mechanics of it, if this has ever been done before, if we want to got involved with it, and I want the feelings of the Council. Councilman Measles: As an ad hoc member I'm not sure the Council can appoint to an elected body. As an observer it may work out and the whole class can do that similar to the procedure used by Mr. Ackerly. City Manager Brighton: Ad hoc has a legal connotation to it. Councilman Measles: I would have a problem with us doing it in that manner. Commissions would not cause a problem as Council appoints members to all of those bodies. Councilwoman Monfor: The school board has an ad hoc student who is elected from the students within the peninsula when they have their meeting of the student body president and it is addressed in their policies. I would agree with Councilman Measles and would question how long someone would be willing to stay with us. What -we _do -dQeA3- not Tertain to -what they 48 where the school board does pertain to them. I would say the way Mr. Ackerly handled it is the beet. Councilwoman O'Reilly: Another suggestion to be investigated and one of the positive effects of this would be involvement of a KENAI CITY COIINCIL NLINDTEB--- OCTOBER 5, 1968 PAGE 17 number of students and if we negotiated an ad hoc member that would not happen. Perhaps you could suggest a rotating official 1 observer program. 4 Mayor Williams: A continuous line of participation b the !} Y P P Y i student group. I'm finding through the school system a great amount of interest but of course this is election year. rr 11. Discussion - Release of Lands for Sale - Kenai River & Beaver - Creek Areas Mayor Williams: As indicated by memo to the Recreation Commission, their negative motion being voted on with a negative vote cancelled out the motion, however the following paragraph , indicates that -they did -not want us -to take any positive action on -- - - -- the sale. I feel it needs to be opened to discussion. Administrative Assistant Howard gave a summary and outline with maps. Mayor Williams: Isn't that area mostly wetlands? City Manager Brighton: One area is a great deal more than the other and that - is the one on Angler Drive. The other one has a substantial amount of hillside. There is no road access to either property, the only access available is the river or by acquiring an easement from private property owners. Councilwoman Monfor: It wasn't very clear in the minutes, why do these people want to buy this land and why does the Recreation Commission objection to selling it. Councilwoman Bailie: It is ideal habitat for snow geese, sandhill cranes, caribou, etc. Councilwoman Monfor: Why do the people want to buy the land? Administrative Assistant Howard: It was never indicated to me why Mr. Miller requested the land for sale. Dana had mentioned that he said he had played there as a child. These lands would go to public notice and he might not be the high bidder, however he would have the option of first refusal. Director McGillivray: In short, there are some members of the Commission that do a great deal of fishing and hunting and their feeling was that especially the area that Mr. Miller wanted is in an area of a lot of wildlife habitat. The other area is the area that is what they call the Beaver Creek slough and goes clear - through and they felt that if it were opened up it would be desirable to open up for a large increase in traffic. It also could eliminate the area for good fishing and duck hunting. Councilwoman Swarner: I would like to hear from the Planning - -Chairman. L P KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 18 V - Chairman Smalley: I have spoken to two members of the Recreation Commission and we felt the same, that is a prime habitat area. This is one of the most heavily fished king salmon area on the �. river. Last week during the high tides much of this was under j water. The hillside is steep. The Commission had mixed feelings about it, I think it was a 3 to 2 vote. We also discussed accessibility accept through private property and felt that somewhere down the line in the future the City may have a use. The same holds true for the Beaver Creek parcel. The petitioner in this case was a person that lived in the area and we had no understanding as to why he was petitioning, perhaps he wanted to leave it in it's natural state. One of the things that came up was - '! a recommendation that when people coming in want to petition lands be made available for sale that they come and present a reason why. When we made our motion we phrased it to show that we supported the Recreation Commission decision that it not be made available for sale. Mayor Williams: In the last paragraph of the letter from the administration is states that, "barring any affirmative action taken by Council by ordinance to authorize sale, the city administration will reject the applications". Council agreed with the two Commissions. 12. Discussion - "Welcome to Kenai" Sign Councilwoman Monfor: The biggest thing about this that bothers me is that the person that made this complaint didn't even come before us the night that he had the opportunity to do so. I felt that since we had already told the other person to go ahead, basically he had the bid and go ahead and do the sign and I find out now he can't do it. MOTION: Councilwoman Monfor moved to separate the cost of the sign and the cost of the installation and proceed with Mr. Sherman There was no second to the motion. City Attorney Rogers: I assume that this may happen. Upon reflection by the public works, they may be able to do a portion of that. Or if not, another can do the installation and that can accomplish your purpose. My apologies to Council, I was in - - preparation and was not present during that period of time. Yes, I think administration can proceed along those lines. City Attorney Rogers and Councilwoman Monfor discussed possible solutions to tho problem of accepting the Sherman sign. City Manager Brighton: One of the problems is the $8500 price. Number two in the memo_from the attorney is a quote_ of a case in which they indicated a sign was not a professional situation.- -- - - ------------- - --- KENAI CITY COUNCIL . MINUTES OCTOBER 5, 1988 PAGE 19 Councilwoman Monfor: I disagree with that. City Attorney Rogers: Then if it's the Council's desire to go ahead and call it professional services it is Council's prerogative. Mayor Williams: We have agreed with Mr. Sherman that his design of that sign is sufficient under our cause and we've agreed with the type of installation for that sign. Later on I will discuss with you a request by another artist to sell the designs to the City. It seems that perhaps Mr. Sherman could indeed sell his design work to the City and then have the City contract with him to install his design, if Council so desires. As Councilwoman Monfor so aptly pointed out, Mr. Sherman and Mr. Stephan were both scheduled to be here and Mr. Stephan did not appear. r Councilwoman Bailie: I think administration has direction from Council and I would ask that a resolution or ordinance be brought forward that would change the amount from $6500 to perhaps $10,000 that would have to go to bid. It's been several years since that has been changed and I think if we look around things certainly have gone up and this would give us some latitude in making decisions such as this. City Manager Brighton: From the administration standpoint, we have had that subject under discussion from the public works and finance department standpoint. That figure has not been raised in the last ten years as I recall. Finance Director Brown: When Betty Glick last served on the Council she was instrumental in changing it from $5,000. I can't tell you exactly when that was. City Manager Brighton: You're talking about a 5% per year appreciation, we've held that figure for six or seven years and perhaps the time has come to raise it to $10,000. It was going to be our recommendation to Council that they do that, however if you feel uncomfortable with it, we don't have a reason to push it. You are going to be approving anything over $1,000 anyway. !mayor Williams: It is council's wish that you came back with an ordinance raising the minim bid line from $6500 to $10,000. Mayor Williams: We talked about red for the main letters and I need to say that I am opposed to that color. Councilwoman Monfor: What colors would you suggest. Mayor Williams: We need something other than red. Councilwoman O'Reilly: Do we still have a copy of the artiet's rendering? Mayor Williams: I believe so. Councilwoman O'Reilly: I would like to take another look at it. Councilwoman Swarner: Didn't the Beautification Committee decide on the colors? Answer yee .- _....... Councilwoman Bailie: The Beautification Committee felt very comfortable with the design that -was -presented -and -the -colors: --If - I might, sometimes the artiste themselves have a better feel for L I KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 #° PAGGE 20 this than individuals do. I hear what you're saying Mayor, i 'think it's difficult to get a consensus of seven people what you like or don't like. The seal itself would be in gold, the letters in red, and the bottom would be blue. The background is going to be the distressed grey. I think we need to look at his track i record as far as some of the other signs he a done in t e area. think we can call him an artist. His comment was that he felt I this was going to be a very impressive looking sign. When you { �4_: �',... . ;:,. ': look at the colors of the Kenai Kardinals we're talking red and ,• " •, s then incorporating the red, white, and blue to go along with the bicentennialMayor Williams: I have no objections to the artist' a design, it's ,,fist the color. 1 - - - -- -- L - - --' Councilwoman O'Reilly: I think we have to rely on the Beautification's judgement on this. VOTE: Motion passed by unanimous consent 13. Discussion -Street Lights Mayor Williams: This matter was brought to our attention during a ', _...._ work session regarding capital improvements. `-.y. MOTION: Councilwoman Swarner moved to purchase the street lights ' There was no second to the motion. Councilwoman Swarner: I would prefer to go with the public works recommendation and delete those of the bus drivers. Finance " Director Brown discussed the budget. Mayor Williams: Any new street lights now will require a reappropriation from the general - .._.... _ fund. Councilwoman Monfor: I think the idea of the City purchasing yard lights may not be a bad idea. Councilwoman $ailie: Would HEA let </-...:.:..-.- • _..:: _....' . us do it? Councilman Measles: My suggestion was not that the ... City buy them and people come and get them, but rather if someone wants one have them contact HEA, have it installed and the City _ will reimburse them. If HEA will install a yard light for $29 it is cheaper than putting up a street light. Councilwoman Monfor: Could Keith research this and come back? Councilwoman O'Reilly: Wouldn't we have to do something to assure the location of the lights? City Manger Brighton: There would need to be some restrictions placed on it to prevent every one in town from putting up yard lights. The catch-all here is when they are- going-.-to_be-required .to_pay. for the -electricity there will be - ...-...' ;_; .. more reluctance. Councilwoman O'Reilly: How about if we write a e er o everyone who own these properties we have outlined in these memos from Keith asking if they would be willing to do this. Y' ei si l., gar KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 21 City Manager Brighton: I think the public works department needs j to go to HEA first, bring that information back to you and see if ,. 1 it still sounds reasonable and then at.that point follow the ((17. suggestions. I II Council agreed to wait until public works returns with results of - -� a soating with HER. ,y H-14 Added Item: Capital Projects Mayor Williams: Regarding sewer lines to Thompson Park. It may ' be worth while for the City of Kenai to ask for $2 million instead - .- — of $1 million if we were to garner $1 million for a sewer project r' we have $500,000 that have been reappropriated that. could be _use$, We also have another $200,000 that we could pull out of the sewer plant fund. It has been indicated that the extension of the main' line from Swires Road to the Eagles would run $1.2 million. I would like to see us hold back $100,000 to take care of cleaning up the water. The public works department should be just about ready to present us with a plan. Councilwoman Monfor: Is administration still formulating a survey - to send to the Thompson Park residents? City Manager Brighton: No, we are not as yet. If you would like it formulated we can { start tomorrow or the next day. We had it under discussion at the last meeting. Councilwoman Monfor: I think we should send it out {� because if they're not willing to pay then I can't see taking it out there. H-15 Added Item: Councilwoman Monfor: We had a Bicentennial Convention and Visitor's Bureau meeting on Monday. They will have at least a two paragraph statement saying what those monies will be used for, probably by the first of next week. I. ADMINISTRATION REPORTS 1. Mayor a. The Harbor Commission is changing their meeting dates to the second and fourth Monday of the month. The next meeting is October 17th which has a public hearing already set. Barry Eldridge: We are trying to get it set for about ten days prior to the Council meeting to give staff time to get material between Commission and Council. b. Landscape Review Board is in need of two persons. Recreation -..-- ... ._ _ .-.......__ .... Commission needs- two and you have approved_ those. c. _ -.-Regarding -the—memo- concerning the Economic Recovery Project , meeting on 10/14/88. One of the Council members expressed I T_ -- -- - - - KENAI-CITY COUNCIL - MINUTES OCTOBER 5, 1988 -�- PAGE 22 concern regarding attendance at that meeting both from being worthwhile and from the economic standpoint. The memo stated that _.. the person attending would be reimbursed for costs for attending. Mayor Williams: My concern about the entire�,�oncept of the =: project is that unless we are there we are not protecting ourselves and whatever occurs there, and if all goes according to the plans, it could benefit Kenai. The intent is to present a list of capital projects to the state that would include an infrastructure within communities which would lead to more jobs and industry. I do plan on attending that meeting to see if they get it off the ground. Councilwoman Bailie: Over the years the City has always used the funds that. we have obtained from the state for the same things that this group is forming now. One of our priority items is the . = E same thing that they have gone ahead and spent their monies on. We are going to be going up there and encouraging them to be getting things that we already have and they're going to be discouraging things from the legislature that we really want. We - -� --; - -- . need to keep this in mind. Mayor Williams: I am aware of that and have had lengthy discussion about it with Mr. O'Reilly. We are all of the opinion ,,�,� that it may very well be a ploy to garner more funds for another city to the north. However, if we were able to garner $2 million to enhance the airport to draw in the P-3 project, then it would ' be worth it. The cultural center would have to be presented on such a level as to indicate good economic benefits package. d. There is a Economic Development Commission and EDD meeting :., 10/14/88. City Manager Brighton: The EDD will be able to discuss ' everything of interest to the Council, EDC, and Planning & Zoning ,. on what they think their task is. They will be discussing things that are of an area wide nature. e. I attended the Caucus meeting on Saturday, it was well attended by legislators and their representatives. _. f. National Guard Commander in Anchorage has contacted Mayor Williams regarding a mission of the National Guard that may be tied with a visit to the Pacific Command headquarters for the - .--- --3 Navy. I am having EDD staff members contact Admiral Hayes and Hernandez to set up a meeting. It would be no cost to the City. :... ". g. Regarding the purchase of Mr. Doyle's gravel pit; Mayor { Williams had been asked to initiate such discussions with the City. Mr. Doyle does not know how much it is worth, however gravel is currently being sold for approximately $.60/yard. There is -room - for -negotiatione.- There has been some discussion of - `: developing Cunningham Park with a parking lot across the road. If --- -----, -- -- -- - - — you -chose to--continue--the-discussions-we can --continue.- — - - - — - , KENAI-CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 23 IS .F k` Councilwoman Bailie: We do.need gravel. It is an ongoing situation and the location seems to be appropriate. I suggest we continue. Mayor Williams: Let me advise the Council of the cost. The cost of 54 acres will be in excess $500,000. City Manager Brighton: That would not discourage the public works department from taking a look at the sand in different areas within that whole acreage and perhaps look at ten acres of the tract, then we are not looking at the entire amount. The City does have an ongoing need for sand and gravel. We no longer have a source, it is now gone and we are going to have to find some, not that it must be in that location. The public works needs to take a look at lands the City owns first. Mayor Williams: 1992 will see construction of the double lane highway between Kenai and soldotna, hopefully. The portion of the highway from Beaver Loop can be served by that gravel pit. We will need gravel for the parking lot also. 2. City Manger a. The Planning Department of the Borough has encouraged the Borough to adopt a policy of CIP funding from the state to hold public hearings in outlying areas that are unincorporated to provide monies to those areas as opposed to also carrying municipalities on the basis that those cities can stand alone. I object to that strenuously in that every one in the City of Kenai pays exactly the same Borough taxes as those people outside the cities pay. The Borough has a responsibility to represent every one and not just those outside the cities. 3. Attorne a. I will miss the 11/2/88 meeting, Cary Graves will be filling in. b. We had an administrative hearing relative the Church lease on the bowling alley on a redetermination of the rent which happens every five years which was contested by the Churchs'. As you recall the City sets a return 6% of appraised value. It was and is our position that that was the lowest possible rate that the City would receive under any of the scenarios presented by the opposition. We do not yet have a decision by the arbitration panel. This is the first one that has gone all the way through to the arbitration. others have paid the lease rate after making a determination that it was in fact the lowest rate they would pay. I will inform you as soon as I have a decision on it. 44. City a. There have been some changes in the ABC regulations, a copy -- ----- - --- - ---------is--before you. b. The absentee and question ballots are now a total of 67. We - will know the results 10/11/88. L1J r A �I ASS '; :. 17 U - - '; t KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PALM 24 ,r C. The Alaska Women's Commission reception invitation has been passed out. it will be IOA5/88. 5. Finance Director None 6. Puhlic Works Director a. We had a substantial completion inspection of the Swiree project last week. _ .: _ NA" -. b. On the Float Plane Basin project we received approval from FAA to do the fullchangeorder that was at the last meeting. } _ Contractors have begun work on the gravel. C. The preconstruction conference was held for the taxiway ASS overlay project and it looks like the contractor won't be getting - started on that this year. d. The terminal project; the appropriation for the funds was introduced tonight. We received a letter from Mr. Kluge, it will be in the next packet for approval of the final appropriation. - - -•:-- --- The bid documents will be ready as soon as we receive the ok from Council to award the contract to Kluge and that should be at the _ next meeting making it sometime in December. f T. Airport Manager a. You may have heard I have given information regarding emplanement and I will have those figures for you with a comparison of the last five years at the next meeting. �} J. DISCUSSION ( = 1. Cit� i_zens None 2. Council MOTION: Councilwoman Bailie moved to convene in an executive session of the Council of the city of xenai concerning matters that tend to prejudice the reputation and character of another. I request the - City Manager, City Attorney, City Finance Director, and Senior Citizens Director be in attendance, seconded by Councilwoman O' Reilly 'r VOTE: Bailie -yes 'Y''' Measles_ -yes 77 Monfor - yes O'Reilly - yes Swarner - yes r_ _ r r KENAI CITY COUNCIL - MINUTES OCTOBER 5, 1988 PAGE 25 Council adjourned at 9:40 P.M. and reconvened at 11:00 P.M. b. Councilwoman Monfor: Regarding the last football game of the season between Kenai and Soldotna, everyone is invited to a pre -game breakfast at Mr. D's Saturday morning at 9:00 A.M. and at the game we are going to release red and white balloons. After the game there will be a caravan parade back to Kenai with a barbecue at the high school. C. Councilwoman Swarner: Regarding the commissions and committees that are lacking members, perhaps it's time to sunset some that can't keep members. Mayor Williams: There are no committees or commissions that are without membership to that extent. There is a vacancy on the Airport Commission but I received that today. It's hard for me to keep up with 14 of them. I have been very slow to appoint members to the Planning Commission and that is not because I don't want to, its because I'm trying to find people who will take a strong interest and are not biased on either side of the present question. Councilwoman Swarner: Perhaps its time for the department heads to take an active roll in finding members. City Manager Brighton: Department heads should not be involved in that at all. That is Council and Mayor's prerogative. Mayor Williams: I have an application for the Planning Commission from Chris Reynolds today, however, I want to take a look a couple more. I am still looking for a young lady for the Airport Commission. d. Mayor Williams: I have maintained a high profile because I feel strongly about moving this City in a direction that will prevail for many years to come in the field of economic progress. I am trying to keep you abreast of everything that is going on. K. ADJOURNMENT There being no further business the meeting was adjourned at 11:Or P.M. Janet A. Loper Transcribing Secretary L L KENAI CITY COUNCIL, REGULAR MEETING l ;> PARTIAL TRANSLATION OCTOBER 5, 1988 0" H. NEW BUSINESS H-12 Discussion - "Welcome to Kenai" Sign Councilwoman Monfor. The pllrson making the complaint did not come before us. We had told the other person : - to go ahead. MOTION s _.. E - - - - - Councilwoman Monfor moved to separate the cost of the sign from �•he cost of installation. { There was no second. -- Public Works Director Kornelis. You want to have two - - - - - J companies do it? Councilwoman Monfor. No. Public Works Director Kornelis. You want to have Sherman do it? Atty. Rogers. Don't circumvent the Code. Councilwoman Monfor. An artist doing an art project has to go out to bid, it is not in the Code. City Manager Brighton. 1) The $8,500 prize is a ( problem. 2) There is a case in Atty Rogers' memo that a sign is not professional services. Councilwoman Monfor. If it is not professional services, what is? - Atty. Rogers. If Council wants to, they can call it professional services. Councilwoman Monfor. That is what we did last time, but we were told no. Mayor Williams. We have told Sherman that is the sign we want and this is the installation we want. Sherman j could sell the design work to the City and contract to77 - - have installed. - -Sherman- and - Stephan -.were .scheduled to.... _.. - be at this meeting, Stephan did not come. Councilwoman Bailie. Administration has direction from Council. I would ask that a resolution or ordinance be J Oct. 5,-1988 A Page 2 X. brought to change the amount from $6,500 to $10,000. That might help in the future. Mayor Williams. 1 am not sure I would be interested in changing the amount. City manager Brighton. We have had the subject under discussion from Public Works Director Kornelis and Finance Director Brown. That figure has not been raised in ten years. Finance Director Brown. Betty Glick changed the figure from $5,000 to $6#500* City Manager Brighton. it was to be our recommendation to change. Anything over $10000 Council approves anyway* council agreed to prepare a resolution. Mayor Williams. I am opposed to red for the main letters. VOTE: Notion passed by unanimous consent. Councilwoman O'Reilly. Do we have copies of the artist's renderings? Councilwoman Swarner. The Beautification Committee decided on the colors. Councilwoman Bailie. They felt comfortable with this color. Artists have better feel than we do. It is difficult to get a consensus of seven people. The background would be grey. The majority felt red, white and blue are good. Council agreed to leave with the Beautification Committee. Janet Ruotsala City clerk IJ 14 J