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HomeMy WebLinkAbout1987-03-18 Council Minutes1.• AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 18, 1987 WORK SESSION - 6:00 PM - N- JOHANNSEN, ALASKA DEPT. OF NATURAL RESOURCES PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) C. PUBLIC HEARINGS 1. Ordinance 1133-86 - Amending Kenai Municipal Code - Townsite Historic Zone a. Substitute #1, Ord. 1133-86 b. Substitute #2, Ord. 1133-86 2. Ordinance 1189-87 - Amending Kenai Municipal Code - Landscaping/Site Plan Ordinance a. Substitute Ord. 1189-87 3. Ordinance 1191-87 - Amending Kenai Municipal Code - Landscaping Regulations 4. Ordinance 1192-87 - Increasing Rev/Appns - Senior Citizen Project Director Attend Workshop - $1,007 5. Resolution 87-11 - Transfer of Funds - Shop - $28,365 D. COMMISSION,COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Misc Comm/Comm E. MINUTES 1. *Regular Meeting, March 4, 1987 a L L F. CORRESPONDENCE 1. 2. *Sen. Murkowski - Yukon -Pacific Pipeline Terminus *Boards & Comm. Chairman Gottehrer - Board of Fisheries Appointments G. OLD BUSINESS H. NEW BUSINESS 1. 2. 3. 4. 5. 6. 7. 8. Bills to be Paid, Bills to be Ratified Requisitions Exceeding $1,000 *Ordinance 1194-87 - Amending Kenai Municipal Code - Uniform Building Code *Ordinance 1195-87 - Amending Ord. 870-83 and Providing for Approval of Expenditures for Funds to Perfect Easement - Candlelight Extended Ordinance 1196-87 - Increasing Rev/Appns - Lobbyist - $20,000 a. Public Hearing - Ord. 1196-87 b. Contract for Lobbyist Services - Ashley Reed *Ordinance 1197-87 - Amending Ord. 1167-87 - Zoning Map - Parsons Homestead N2 Discussion - 1987 Lease Renegotiations *Games of Chance & Skill - Kenai Peninsula Assoc. Mortgage Women I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT L L jo- CITY OF KENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 p.m. KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING; Page 1 WORK SESSION - 6:00 p.m., Neil Johannsen, Alaska Department of Natural Resources. PLEME OF ALLEGIANCE A. ROLL CALL Present were: Councilmembers Wise, Measles, McComsey, Monfor, Bailie, Ackerly, Williams. Also in attendance were City Manager Bill Brighton, City Attorney Tim Rogers, Finance Director Charles A. Brown and Public Works Director Keith Kornelis. A-1 Agenda Approval. a. Mr. Joseph Raymond Skrha is to be added to Persons Present Scheduled to Be Heard regarding Robert Jackson garage. b. Introduction and swearing in of Airport Commission members. (A discussion followed in which Mayor Williams requested that H-4, Ordinance 1195-87, be removed from the agenda due to the receipt of correspondence from D. Morgan regarding the golf course. Councilmember Wise remarked that since the ordinance was to be introduced, there would still be time for administration to read over the correspondence prior to the next Council Meeting. Ordinance H-4 remained on the Agenda.) There were no objections to the addition of Mr. Skrha to the agenda. A-Z Consent Agenda. Councilmember McComsey requested that H-4, Ordinance 1195-87 be removed from the Consent Agenda. There were no objections. B. PERSONS PRESENT SCHEDULED TO BS HEARD. Attorney Joseph Raymond Skrha spoke to the Council regarding the opinion handed down from the Supreme Court in which the Court upheld the City of Kenai and their attempts to have Mr. Jackson's garage curtail business at its present location due to Planning & Zoning violations. A copy of the Court opinion was included in the Councilmember's packet. Mr. Skrha requested that the City Council grant a stay from the cease and desist order that would be initiated by the City in order that Mr. Jackson have time to find a new location for his garage and make the move. Mr. Skrha described that it is a family business. Mr. Skrha introduced photographs of the garage and the area surrounding its location. Mr. Skrha also introduced a petition signed by forty (40) neighborhood residents who have no objection to the garage staying in its present location. Councilmember Wise objected to the "open-ended" time extension. He stated he would consider an extension with a certain time limit. i CITY OF KENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:80 p.m. KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page Z Councilmember Monfor asked for the City Attorney's remarks. City Attorney Rogers stated that he did not know that Mr. Skrha would be speaking at this meeting. The court action was started by the City of Kenai because of complaints from the Planning and Zoning Commission to the Council in which they described a number of zoning violations in the City limits. By the Council's direction, Administration initiated actions to enforce the violations. Mr. Jackson did not stop use of his garage and therefore in October, 1983 a court action was filed. Because the City received summary judgement in the Trial Courts, it was a very good chance that the City would win in the higher Court's decision and Mr. Jackson should have anticipated the possibility of losing and readying himself for the move his business would have to make in the four years it took for the Court's decision. Mr. Rogers stated that he is concerned about whether the Council will follow through with the Court's decision due to repercussions that might follow with future code violations. Mr. Rogers stated that he has no problem with an extension that has a cut-off time. Mayor Williams requested that Vice Mayor Measles assume the gavel as he had some remarks to make. Mayor Williams stated that he is a neighbor of Mr. Jackson and the garage. Mr. Williams' name appears on the petition that was submitted to Council this evening. Mr. Williams was not a member of the Council or Mayor at the time the court action began. Mr. Williams is urging the Council to grant a stay to Mr. Jackson. Vice Mayor Measles stated that he believed Mr. Williams' remarks were out of order as Mr. Williams should have stepped down from the Council table. Because of this Mr. Williams should not vote on the matter. Mr. Williams concurred and apologized. Mr. Skrha stated that it was upon the recommendation of the City Attorney the he waited to speak to the Council until now. Attorney Rogers rebutted that he stated to Mr. Skrha when Mr. Skrha told him that he wanted to speak to the Council that he (Rogers) would strongly object to this because of the litigation that was ongoing at that time and told him that speaking to the Council at that time would be totally inappropriate. Further discussion found that the cease and desist measures had not been started and that an extension could be allowable if there was a definite closing date. Attorney Rogers stated that if he has direction from the Council not to proceed with the cease and desist order for six (6) months, he would honor that direction. He stated that he would not object to a six-month time and that having that time period would allow for a more orderly move of the business, etc. He also stated that he did not like the "open-ended" extension but that the Court order should be honored. If the move has not been made in the six-month period, it would probably take another three months to go through the Court to have the garage removed. There would not have to be a formal contract as the minutes of this meeting would be submitted to Court if necessary. He assumes to be specific, the Council would start the six- month period from this date. CITY OF KENAI COUNCIL MEETING MINUTES MARCH IS, 1987 -- 7:00 p.m. xzNAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 3 BOTION: Counciimember Wise MOVED that the attorney be directed as be has so indicated in concurrence With Councilman Ackerly's comments. Councilmember Ackerly SECONDED the motion. Councilman wise requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Attorney Rogers stated that his understanding is that it is held in abeyance for a period of six months from today. He asked Mr. Skrha if he understood this. Answer was yes. Gavel given back to Mayor Williams. C. PUBLIC HEARINGS C-1 Ordinance 1133-87, Amending Kenai Municipal Code - Townsite Historic Zone MOTION: Councilman Ackerly MOVED for the adoption of Ordinance 1133- 87 and Councilwoman Monfor SECONDED the motion. There were no comments from the public. MOTION: Councilman Wise MOVED to amend Ordinance 1133-87 by substituting it with the item from the packet marked C-1-B. Councilwoman Bailie SECONDED the motion. Mayor Williams asked if there were any comments from the public. There were none. Mayor Williams introduced to the Council written comments submitted by Architect Carmen Gintoli which he requested be read into the minutes as he would not be present at this part of the Council Meeting. (A copy of his memorandum are attached to these minutes.) Council took a short break in order to read over Mr. Gintoli's remarks'and those of the Attorney from his memorandum included in the packet. Council back to order at 8:02 p.m. There was some discussion in regard to Mr. Gintoli's written comments which were directed toward deleting the words "log style from section 14.20.105(d)(1) and deleting the words "buildings with a 'modern design' style of architecture." Consensus was that the language in the section is discretionary, not mandatory. VOTE: Er�7 Wise - Yes Mccomsey - Yes Monfor - Yes Measles - Yes Bailie - Yes Ackerly - Yes Williams - Yes MOTION PASSED UNANIMOUSLY. CITY OF KENAI COUNCIL MEETING MINUTES MARCH 16, 1987 -- 7:00 P.M. KHMAI CITY WILL MAYOR JOHN J. WILLIAMS, PRESIDING Page 4 Councilwoman Bailie requested that H-5, Ordinance 1196-87, Increasing Revenues and Appropriations - Lobbyist - $20,000, be moved to this time due to the fact that Councilman Ackerly Was not feeling well and wanted to be excused early, but wanted to be included in this ordinance discussion. Mayor Williams asked Council if there were any objections to this move in the agenda. There were no objections. SO ORDERED. 9-5 Ordinance 1196-87, Increasing Revenues/Appropriations - Lobbyist - $20,000. Mayor Williams stated that he would like this ordinance to be opened, closed and re -opened for discussion. MOTION: Councilman Measles MOVED for introduction of Ordinance 1196- 87 and Councilwoman Bailie SECONDED the motion. 1;. Discussion: =i'4k�r Councilman Measles stated that he would be voting against f -;. �Vfri the ordinance as he does nit think it is the right time to hire a lobbyist. He also stated that there is no Nay for z. the Council to measure the effectiveness of a lobbyist at zFw" this time and that there would be no way to see any return for the cost. Councilwoman Bailie stated that she would be voting for the { ordinance. She did some research on the proposal since the last meeting and found some very interesting information. ';_.. She stated that she contacted people from the cities o Seward, Homer and Anchorage. They all have a full-time --. lobbyist working for them and have seen invaluable help to their communities due to the lobbyist's efforts. Councilwoman Bailie went on further to state that she spoke 5. with Mr. Reed regarding some of the input she received from =i the communities to which she spoke. Mr. Reed has a >` background in economic development and she feels he could be effective in other areas of work for Kenai. Councilwoman Bailie further stated that the lobbyist effort for the cities of Homer and Seward were extremely beneficial by the amounts of money received from the legislature compared to `, ' =_'_'• What the City of Kenai received. Councilwoman Bailie feels =-_- that the City of Kenai should give Mr. Reed a chance to see sx what he can do in the time left for the legislature. Mr. Reed stated to Councilwoman Bailie that the legislature is extremely slow this year and that 90% of work is done in the last session, and 50% of that work is dose in the last two weeks, so there is still time fora lobbyist to be �? '<- effective. Councilwoman Monfor stated that she would vote in favor of ordinance as she feels strongly that a lobbyist would be an enhancement to the City. She stated that she checked with six other cities regarding the cost of hiring a lobbyist and found that cost to be from $30,000 a Year to $65,000 a year. ^; _= she also stated that sometimes you have to spend money to 1 make money. 1 CITY OF KSNAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 p.m. ZMAI CITY HALL MAYOR JOHN J. WILLIAMS, PRRBIDING Page 5 Councilman Ackerly stated that he had a problem with some portions of the contract, i.e. the amount in contrast to what the ordinance states; how many reports and when are they due. He feels that the contract should be more specific. Mayor Williams asked Finance Director Brown as to why the difference in the amounts in the contract and ordinance. Mr. Brown answered that the ordinance is for $20,000 because that is the amount the Council directed. The contract states $18,000 since two weeks has already gone by since the March 4, 1987 Council Meeting and so he subtracted that portion of the cost from $20,000. Mayor Williams read a prepared statement in which he stated that he does not want to enter into an agreement for a lobbyist. Some of his reasons are the economics of the state; the appropriations (State) have been made and no changers will be made; the City is not prepared to hire a lobbyist as the ccsts of running the City are trying to be kept down. Mr. Williams also reminded the Council that Kenai has the lowest mill rate in the State. He suggested a compromise -- that if the Council is not satisfied with what City receives at the end of this legislature, that they plan for hiring a lobbyist for the next legislature. Let the legislature do their work. He then asked that his statement be entered into the minutes, a copy of which is attached. Councilwomen Bailie and Monfor both spoke again stating that the point is that the cities of Seward and Homer, although they may not have used their dollars well, did get the dollars. Councilwoman Bailie added that this lobbyist may be able to help in other areas as well. Mayor Williams reiterated that although Seward and Homer received major funding, the monies were spent poorly. The City of Kenai has thb lowest mill rate. He again suggested a compromise, letting the legislature do its work this session and if the Council is not satisfied at the end of it, then consider hiring a lobbyist. Mayor Williams ordered the discussion closed. Councilwoman Bailie requested time for another comment. Mayor Williams denied the request as they both had two chances to speak. Councilwoman Bailie appealed to the Council for rebuttal time. There were no objections. Councilwoman Bailie added that she was casting no stones at the City's Administration in their lobbying efforts, however she feels that having a full-time lobbyist available in Juneau would be an advantage to the City of Kenai. VOTE FOR ORDINANCE INTRODUCTION: = " Wise - No Mccomsey - Yes Monfor - Yes Measles - No s` Bailie - Yes Y: Ackerly - You Williams - No Yes No 3 MOTION PASSED. ( = YJF _- -- W_l -tY• '- rx - L�7 L_ CITY OF KENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 P.M. KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 6 MOTION: Council Measles MOVED for the second reading of Ordinance 1196-87 and Councilwoman Monfor SECONDED the motion. Councilman Ackerly requested UNANIMOUS CONSENT. An objection was heard. NO SECOND READING AT THIS TIME. The ordinance will be brought to public hearing at the April 1, 1987 City Council Meeting. Finance Director Brown requested comments from the Council in regard to the amended contract that was included in the Council packet -- the amendments were made by Mr. Brown and the Legal Department. Mr. Brown pointed out that the price was changed; the renewal clause removed; and the "plus expenses" were removed. Mr. Brown suggested that after the Council makes any further amendments, the contract be sent to Mr. Reed so that he has time to look it over and sign. Councilwoman Bailie suggested that the price of $18,000 should be put back to $20,000. Councilman Ackerly suggested the timeliness of the reports and the foreign trade zones. Attorney Rogers stated that they are getting out of the realm of the lobbyist's contract for the $20,000. Mayor Williams stated that the Council is ill -prepared at hiring a lobbyist and that the there have not been any discussions with Mr. Reed. There are other people who may be interested in being the City's lobbyist. Councilwoman Bailie stated that time is of the essence. The contract will run until June 30, 1987. If after that they are still interested in having a lobbyist, a more specific contract could be made RECESS: Councilman Ackerly left at 8:55 p.m. CALLED BACK TO ORDER: 9:06 P.M. C-2 Ordinance 1189-87, Amending Kenai Municipal Code - Landscaping/Site Plan Ordinance MOTION: Councilman Measles MOVED for adoption of Ordinance 1189-87 and Councilwoman Bailie SECONDED the motion. Councilman Wise MOVED to amend Ordinance 1189-87 by substituting with item in packet identified as C-2a. Councilwoman Bailie SECONDED the motion. There was no public comment. VOTE ON INTRODUCTION OF ORDINANCE: Councilman Wise requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON AMENDED ORDINANCE: Wise - Yes Mccomsey - Yes Monfor - Yes Measles - Yes Bailie - Yes Ackerly - Absent Williams - Yes MOTION PASSED UNANIMOUSLY. CITY OF KENAI COUNCIL NESTING MINUTES MARCH 18, 1987 -- 7:00 P.M. KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 7 C-3 Ordinance 1191-87, Amending Kenai Municipal Coda - Landscaping Regulations. VOTS: Councilman Wise MOVED for adoption of Ordinance 2191-87 and Councilman Measles SECONDED the motion. There was no public comment. Wise - you McComsey - Yes Monfor - Yes Measles - Yes Bailie - Yes Ackerly - Absent Williams - Yes MOTION PASSED UNANIMOUSLY. C-4 Ordinance 1192-87, Increasing Revenues/Appropriations - Senior Citizen Project Director Attend Workshop - $1,007. VOTE: Councilman Measles MOVED for adoption of Ordinance 1192-87 and Councilwoman Monfor SECONDED the motion. There was no public comment. Wise - Yes McComsey - Yes Monfor - Yes Measles - Yes Bailie - Yes Ackerly - Absent Williams - Yes MOTION PASSED UNANIMOUSLY. C-5 Resolution 87-11, Transfer of Funds - Shop - $28,365. VOTE: Councilwoman Bailie MOVED for adoption of Resolution 87-11 and Councilman McComsey SECONDED the motion. There was no public comment. Councilman Wise requested an explanation of the need for the transfer of funds. Public Works Director Kornelis stated that there was unforeseen costs from major equipment repair (replacement of engine, etc.) which caused the need for this transfer. This transfer is expected to cover the shop's expenses through to the new fiscal year. UNANIMOUS CONSENT was requested. There were no objections. SO ORDERED. IT=M D. COMMISSION AND COMMITT== REPORTS. D-1 Planning A Zoning Commission There was no report. —� — -- t'S�1••5 T, 7''ti —Fir; _rf is ;'. I CITY OF KENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 P.M. KENAI CITY HALL MAYOR JOHN J. WILLIAM$, PRESIDING Page 8 D-Z Harbor Coamission. There was no report. D-3 Recreation CO3Mi96i0a. Recreation Director McGillivray stated that the Commission met on March 17, 1987. The minutes of that meeting will be in the next packet. D-4 Library Comission. There was no report. D-S Council on Aging. Councilwoman Bailie stated that the Council on Aging will be meeting on March 30, 1987. She will report at the next Council Meeting. D-6 Miscellaneous Commissions/Committees. There were no reports. ITEM Z. MINUTES Minutes of the March 4, 1987 Council Meeting were accepted through the Consent Agenda. There were no changes or additions. ITEM F. CORRSSPONDBNCS Mayor Williams brought attention of the Council to the correspondence regarding Board of Fisheries Appointments. ITEM G. OLD BUBINSSS There was no Old Rnsiness. ITEM H. NSW BUBINSSS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles MOVED for approval of the Bills to be Paid and Bills to be Ratified. Councilwoman Monfor SECONDED the motion. Councilwoman Bailie requested UNANIMOUS CONSENT. in regard to Pay Estimate No. 5 for Western Marine Construction, Public Works Director Rornelis referred to the amount listed on Bills to be Paid, Bills to be Ratified for $8,802. originally Wm. J. Nelson & Associates, the engineer on the project, recommended that a portion of the original amount billed not be paid do to the fact that the well drilled was found to be insufficient to what was specified. However, a letter from Wm. J. Nelson & Associates, which was distributed to the Council prior to the meeting stated that Mr. Nelson had reconsidered his recommendation and was now recommending that the total amount be paid due to the fact that it would be difficult to irrefutably prove that the well had been drilled improperly necessary to warrant CITY OF RENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 p.m. KBNAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 9 withholding of payment. Therefore Mr. Nelson recommended that the Certificate for Payment No. 5 be amended so that the contractor be paid an araount of $20,007. Mr. Nelson was available for answering questions. MOTION: Councilman Wise MOVED to amend the Western Marine payment from $8,802 to $20,007 and Councilwoman Bailie SECONDED the motion. Councilman Wise requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 2-2 Requisitions Exceeding $1,000. MOTION: Councilman Wise MOVED for approval of H-2, Requisitions Exceeding $1,000 and Councilman Measles SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-3 Ordinance 1194-87, Amending Kenai Municipal Code - Uniform Bui%ding Code. This ordinance was introduced by Consent Agenda. H-4 Ordinance 1195-87, Amending Ordinance 870-83 and Providing for Approval of Expenditures for Funds to Perfect Basement - Candlelight Extended. This ordinance was removed from the Consent Agenda. MOTION: Councilman Wise MOVED for the introduction of Ordinance 11985-87 and Councilwoman Bailie SECONDED the motion. Councilman McComsey stated that he did not feel that the City should be paying for the perfection of the easement and that he would be voting no. Mr. Kornelis was asked how much the perfection would cost. He estimated $1,500, including surveying costs. Mr. Kornelis asked if the Council was wanting a dedicated public right-of-way or easement. Councilman Wise stated an easement that would provide ingress and egress, as well as utilities, but not a right-of-way. Mayor Williams stated that the a letter received by Administration March 17, 1987 from Mr. Morgan and regarding the Kenai Golf Course in relation to the requested easement was distributed to the Council prior to the meeting. He suggested that the Ordinance not be introduced at this time in order that Administration and Council would have time to examine what is transpiring. Councilman Wise stated that he felt the vote should be taken as the effective date of the ordinance was 45 days from this day and there would be time to resolve the matter before that date. I CITY OF KENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 p.m. KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 10 VOTE: Nine - Yes Mccomsey - Yes Monfor - Yes Measles - Yes Bailie - Yes Ackerly - Absent Williams - Yes MOTION PASSED UNANIMOUSLY- 9-5 ordinance 1196-87, Increasing Revenues/Appropriations - Lobbyist - $20,000. This item was discussed after C-1. 9-6 ordinance 1197-87, Amending ordinance 1167-87, Zoning Map - Parsons' Homestead iZ. Mayor Williams stated that Janet Loper, Planner would not be present at the next Council Meeting and if Council had any question regarding this ordinance, she was present at this meeting for any input. There were no questions. The ordinance had been introduced by the Consent Agenda. H-7 Discussion - 1987 Lease Renegotiations. A memorandum included in the packet from Dana Gerstlauer to Bill Brighton discussed the possibility of the City of Kenai not initiating lease renegotiations for 1987. Councilman Wise stated that he feels it is important that the City maintain the five-year renegotiation action, however if there is a drop in value due to economic decline, he feels the lessees deserve that drop in value. He also stated that it is important to maintain the renegotiation schedule. If it is not maintained, it will be another five years before there is another renegotiation period. Attorney Rogers stated that the renegotiation process is a two-way street. If the lessee wants to initiate renegotiations they can. The City could write lessees a letter stating that the City is considering not renegotiating the lessees, but if they would like to, they may. It may be advantageous to the lessees to renegotiate in regard to the economy and the land values decreasing. In that sense, the City is doing the lessees a favor in allowing the renegotiations be their option. Administratf-- needs direction from the Council on whether to renegotiat, the leases as has been done in the past, or not to renegotiate the leases. Mayor Williams asked for comments from the Council. Ther, were none. Attorney Rogers then stated that without any specific direction from the Council, Administration will continue to renegotiate as has been done in the past. City Manager Brighton added that if the Council wants Administration to do something other than what has been d in the past, notifying lessees that the leases will be renegotiated, the Council needs to give that direction. 1 Brighton stated that he would personally like to send a letter to those leases that are retiring and state that t City does not intend to renegotiate the lease, however, i they so desired to renegotiate the lease rate, the City would pursue that avenue. Attorney Rogers added that if CITY OF KENAI COUNCIL NESTING MINUTES MARCH 18, 1987 -- 7:00 P.M. R'SNAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 11 Council would like to delay this decision and discuss the matter with individuals that are not in attendance, it could wait. Administrative Assistant Gerstlauer added that if the City goes ahead with the renegotiations as done in the past, the cost of the appraisals would be approximately $15,000. Councilman Measles asked if the language in the code that sets up the leases says that leases will be "redetermined" every five years, not "renegotiated." He feels that the term renegotiate is confusing as it indicates that there could be some renegotiation with the lease, when there cannot be according to the Code. Attorney Rogers stated that is pretty much true, however some of the old leases have various clauses, some of which he feels are in conflict with the Code, but there is not anything that can be done about it other than working with those clauses as best can be. I. ADMINISTRATION RSPORTS. I-1 City Manager. No Report. I-Z City Attorney. City Attorney informed the Council that he attended a seminar on condemnation and condemnation trials and found it very informative. There were experts there from all over the nation; trial attorneys, appraisers, etc. The purpose of attending the seminar was incident to the float plane basin and the trial that will entail. At this time, Mr. Rogers deferred to Councilman Measles. MOTION: Councilman Measles MOVED to convene in Executive Session of the Council concerning a matter of which the immediate knowledge would have an adverse effect on the finances of the City. Councilwoman Bailie SECONDED the motion. Councilman Wise stated that he felt the subject has to be a matter of the record for reasons that it requires that action must be taken after reconvening or acknowledge the subject discussed and if not announced in the record, the public will not know what was discussed. Attorney Rogers stated that was correct. Councilman Wise stated that he felt that is unfair. Mayor Williams suggested that since the executive session has been requested and the attorney and administration has requested that it be called, he feels the Council should enter into an executive session. Attorney Rogers, for the record, cited, "...that an attorney's ethical duty to preserve the confidences and secrets of the City provides a basis for establishing a Judicially created exception to the Open Meetings Act." Smith v. Anderson, 676 S.W.Zd 328 (1984) H� .rail- CITY OF KENAI COUNCIL !TESTING MINUTES MARCH 18, 1987 -- 7:00 P.M. RENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 12 VOTE: Wise - Yes Mccomsey - Yes Monfor - Yes Measles - Yes Bailie - Yes Ackerly - Yes Williams - Yes MOTION PASSED UNANIMOUSLY. COUNCIL CONVENED IN EXECUTIVE SESSION. Attorney Rogers requested that the City Manager and Finance Director also attend. COUNCIL BACK TO ORDER AT 10:36 P.M. Mayor Williams stated that the Chair will make the determination that there was no action needing to be taken as a result of the Executive Session- 1 -3 Mayor Report. Mayor Williams reported the following items: 1. 2. 3. 4. 5. 6. MOTION: The Airport Commission will be Thursday, March 26, 1987 in Council Chambers. City of Soldotna Open House invitations were distributed to Council. Set for Saturday, March 28, 1987. It was requested that the Acting City Clerk order flowers for the open house. VFW - Council's desires to place an ad in the paper regarding their convention. Mayor looked at some of the ads used in the past. He told them to go ahead with one using the City logo, as used in the past. Alaska Conference of Mayors - April 16, 1987 and May 14, 1987 in Juneau. Dues of $50.00 need to be paid. Finance Director Brown indicates that the City of Kenai will participate in the Community and Regional Affairs Day Care Assistance Program through the Women's Resource Center. AML requesting that Bill Brighton participate in a Technical Review Committee for Strategic Action Planning. A copy of the letter has been distributed to the Council. The first meeting is scheduled for March 20, 1987. Direction from Council needed. Councilman Wise MOVED for approval of Bill Brighton's participation in the AML Technical Review Committee and Councilman Measles SECONDED the motion. THERE WERE NO OBJECTIONS. 7. Mayor Williams stated that he will be making some changes to the Airport Commission ordinance regarding representation of FAA. FAA does not want to be represented as such, but would prefer that the ordinance state that someone with expertise or knowledgeable of FAA matters be included on the Commission. Mayor will be bringing it back to Council at the next meeting. CITY OF MWAI COUNCIL MEETING MINUTES MARCB 18, 1987 -- 7:00 p.m. KSNAI CITY HALL s MAYOR J01M J . WILLIAMS, PRESIDING Page 13 S. Information No. 9, a resolution from the City of Kodiak regarding State turning over road maintenance of all roads within the city to the city. Mayor Williams t. suggests that Council adopt a resolution against this.Councilman Wise suggested that a resolution be prepared from stating that the taking over of secondary roads that sd_ the State imposes a burden by the municipality crr without funding, cannot be affeetively accomplished, opposing it without appropriate funding. Councilman City Measles stated that he feels that even if the just stop maintaining them as opposes the State will } . they have done in Anchorage. State is not offering a choice, but are saying that they Will not maintain 4Tui-1v"ter " �n< those streets anymore. Administration is to prepare a resolution for the next meeting. Y T!� 9. Things to do list -- Mayor Williams reported that he R. Ww .= did compose a standard letter of support for people asking for support of special interests as discussed at a prior meeting. He also reported that he did not send a representative to the Caucus. ii4'-j;;'. ��=�tsa-�;> 10. Policeman's and Fireman' a Ball scheduled for March 28, 1987 cost of $35.00 per couple. 11. Councilwoman Bailie reminded Mayor that there are still two positions needing to be filled on the :4=may v. Beautification Committee. I-d Clerk Report. There was no report. t� 1-5 Finance Director Report. `.= Finance Director Brown called attention to this memorandum 4xh in the packet regarding redemption of airport terminal bonds. He is recommending that the Council approve the f;t4, redemption of the bonds to get out of the restrictions of the bonds and it will also save the City money. MOTION: Councilman Wise MOVED for redemption of airport terminal bonds and Councilwoman Bailie SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. ORDERED. SO Mr. Brown also called attention to his memorandum to the Council regarding budget adoption. No action needed. The information is given for scheduling work sessions. Mayor Williams requested that a copy of this memo be given to the Harbor Commission. I-6 Public Works Director Report. There was no report. I-7 Airport Manager Report. There was no report. I MSS CITY OF KENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 P.M. KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 14 J. P=RSOM8 PRXN T1' NO 8CH=DUM TO Ss RSARD. There were no comments from the audience. Councilman Wise had no remarks. Councilman McComsey asked if the Economic Development Committee be should be added to the Commission and Committee Reports. Mayor Williams stated that the Committee is composing a written report to be given to the Council May 1, 1987. Chairman O'Reilly will be speaking to the Chamber on this subject on Wednesday, March 25, 1987. Minutes come to the Council in their packets. Councilman Wise asked if the drains could be opened in Woodland Subdivision in order to stop flooding. Mr. Kornelis stated that they are working to do this. Councilwoman Bailie asked if Mr. O'Reilly could speak to the Council first so that the Council is aware of what is going on before the public. Councilwoman Monfor thanked the Public Works Director for the new street lights. She also commended the Legal Department for their memorandums in regard to ordinances before them. The memos have been very helpful. Councilwoman Bailie concurred. Councilman Measles had no comments. Councilwoman Bailie stated that at the last Beautification Committee Meeting (the minutes are not in this packet), Mr. Brighton stated that he felt that the money for the memorial park would be available and that the project could still probably proceed. She understands that the bid documents are already to go out to bid and that it might be considered to put the bid out soon depending on how long it takes before bids are opened as the construction season is fast approaching. Mr. Brighton added that he said that it appears that that money will be available for that project this summer, unless Legislature does something more drastic than it appears they will be doing now, the City would not jeopardizing itself by proceeding. Mr. Kornelis stated that Public Works is ready, although Council put money on hold. He added that he has not been told that it has been taken off hold and has not put it out to bid. Mr. Brighton stated that he will tell Mr. Kornelis when to put it out to bid. Councilwoman Bailie stated that she received a call from Senator Fischer saying that the money for the study had been appropriated and that it would be to the City in three days. Mr. Brighton said that he had received the same call, but unless the notification came today from the State of Alaska, it still has not been received. Mayor Williams stated that there is an Economic Development Commission meeting set for March 24, 1987 at 7:00 p.m. Mr. Kornelis added that the Harbor Commission's next meeting will be April 2, 1987. The Harbor Commission had a work session last week at which time they talked about the budget and goal of having an operation manual ready the first part of April. L— use CITY OF KENAI COUNCIL MEETING MINUTES MARCH 18, 1987 -- 7:00 P.M. KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING Page 15 Councilman Wise stated that he is confused over the Harbor Commission and proposed budget. He thought that the Harbor Commission was considering how to operate the harbor and they have not made a recommendation as yet. He is concerned about operating as an enterprise fund compared to franchise. Mr. Brighton stated that the Council would be making the determination from the Harbor Commission's recommendation. Mr. Kornelis stated that at this time they are looking at three stations, two stations for unloading fish and one station for fueling. Two of stations they plan on franchising through bids and one of the stations (with the crane) they Would like to have the City operate along with operating the fuel. A further report will be given at next Council Meeting. MEETING ADJOURNED AT APPROXIMATELY 11:00 P.M. ?ft ®r COUIVCN A � ?��u da -r�