HomeMy WebLinkAbout1987-04-15 Council MinutesAGENDA
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KENAI CITY COUNCIL - REGULAR MEETING
APRIL 15, 1987 - 7:00 PM
PLEDGE OF ALLEGIANCE
A. ROLL CALL
1.
2.
Agenda Approval
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
1.
Carleton Green - Letter From City Regarding Water
Bill
C. PUBLIC HEARINGS
1.
2.
3.
4.
5.
6.
Ordinance 1188-87 - Amending Kenai Municipal Code -
Encroachment Permits
a. Substitute Ord. 1188-87
Ordinance 1196-87 - Increasing Rev/Appns - Hire
Lobbyist - $20,000 (Notice or Reconsideration)
a. Submittal of Proposals
Ordinance 1198-87 - Establishing Two Employee
Classifications and Creating Salaries - Boating
Facility
Ordinance 1199-87 - Amending Kenai Municipal Code -
Airport Commission
Resolution 87-16 - Accepting Alaska DEC Grant,
Financing Sewer Interceptor to Thompson Park -
$562,100
Resolution 87-18 - Awarding Engineering Inspection
Services - JABBA Project
D. COMMISSION REPORTS
1.
Planning & Zoning
2.
Harbor Commission
3.
Recreation Commission
4.
Library Commission
5.
Council on Aging
6.
Airport Commission
7.
Misc. Comm/Comm
L
E. MINUTES
1. *Regular Meeting, April 1, 1987
F. CORRESPONDENCE
G. OLD BUSINESS
H. NEW
BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Requisitions Exceeding $1,000
3.
Ordinance 1200-87 - Increasing Rev/Appns -
Preparation of City Brochure - $11,950
a. Public Hearing - Ord. 1200-87
b. Resolution 87-17 - Awarding Bid - Kenai
Brochure - Sun Dog Photography - $11,950
4.
*Ordinance 1201-87 - Increasing Rev/Appns -
Additional Construction Costs - FSS Facility -
$20,000
5.
*Ordinance 1202-87 - Increasing Rev/Appns -
Boating Facility - Operations in May, June -
$32,820
I. ADMINISTRATION REPORTS
1.
City Manager
2.
City Attorney
3.
Mayor
4.
City Clerk
5.
Finance Director
6.
Public Works
7.
Airport Manager
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
APRIL 15 1987 - 7:00 PM
KENAI CITY HALL
MAYOR JOHN WILLIAMS PRESIDING
T P
PLED3E OF ALLEGIANCE
A. ROLL CALL
Present: Ray Measles, Chris Monfor, John Wise, John
Williams, Tom Ackerly, Sally Bailie
Absent: Art McComsey (excused)
A-1 Agenda Approval
a.
Mayor Williams asked that item B-1
be added.
(Glenn Jackson - Thank You)
b.
Mayor Williams asked that Carleton
Green (Item
B-1) be moved to B-2.
C.
Mayor Williams asked that item B-3
be added. (Marc
Zimmerman - Kenai Peninsula Photo Ads, Transfer to
New Buyer)
d.
Mayor Williams asked that item C-7
be added.
(Transfer of Liquor License, Aase to Schilling,
Uptown)
e.
Mayor Williams asked that item C-5
be postponed to
the 8-18-87 meeting.
f.
Councilwoman Bailie asked that the
Little League
representatives be given an explanation why they
were not included on the agenda.
Council agreed to the request.
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Agenda was approved as amended.
A-2 Consent Agenda
"w Councilwoman Bailie asked that item Ii-4 (Ord. 1201-u"7)
be removed from the Consent Agenda.
Council approved the Consent Agenda as amended.
ADDED ITEM: Little League Ball Fields, Section 36.
City Manager Brighton explained, at the April 6 work
session, Council directed Administration to prepare an
ordinance/resolution regarding setting aside real
estate in Section 36 for Little League ball fields.
They indicated they would do the survey for free. We
have discovered this cannot be done, it has to be done
by a registered land surveyor. They cannot have an
ordinance/resolution till they describe the real estate
to be done. As soon as it is surveyed and platted,
there will be a resolution. Councilman Wise asked if
there were funds available now? City Manager Brighton
replied yes, if it is under $1,000 it can be used for
that purpose. Councilwoman Monfor suggested setting a
time frame. Mr. Kornelis explained, they cannot give a
time frame but can give the cost of the survey. It can
be done by the May 6 meeting, unless it is over $1,000.
They had an estimate of $1,500. Councilman Wise said
if it is brought back at the May 6 meeting, they can
act on it at that meeting.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
=F B-1 Glenn Jackson - Thank You
KENAI CITY COUNCIL
_N2 APRIL 15, 1987
PAGE 2
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Glenn Jackson, Kenai. He is representing the Senior
r
Citizens, thanking Council and all people in the City
for the support they have given to the senior citizen
community center. It is the finest he has seen.
People coming in there would wither and die if they did
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not have the center. Between the Director and others,
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they will do everything they can to help the City
regarding costs. Everything has been trimmed and will
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be trimmed more. They hope to keep the level of
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service. The reason he is staying in Kenai is because
of the senior center.
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B-2 Carleton Green -Letter from City Regarding Water Bill
Mr. Green distributed a letter from Atty. Rogers to him
dated 4-8-87. He explained, this is regarding a water
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bill on some land he repossessed. The telephone
company was owed, he has not heard from them. The
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light company and gas company also. The City is the
only one that has chosen to charge him for products he
did not get. He asked how Council felt about this.
Councilman Wise said Mr. Green is asking Council to act
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on something they did not know about. He did not want
to take action at this time. Atty. Rogers explained,
he has a number of cases with charges for City services
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which the City will have to eat. It is his intent to
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pursue funds in any way he can. He can pursue the
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individual in possession at the time as well as those
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in possession now or the property itself. That is how
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he will proceed with this, so the City will not be left
"holding the bag." It is legally permissible. The
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present property owner would have recourse against the
person incurring the charges. The individual should
ascertain charges against the land or other
'
encumbrances at the time they acquire the property and
take this into consideration on the price. That is
:. '. what is done by knowledgeable buyers and sellers. Mr.
_: Green asked if the City had made any attempt to collect
from Mr. Reeds, he is still living in town. Atty.
Rogers replied he could not answer. Should the City
litigate, he will enjoin them also. Mayor Williams
asked Mr. Green if he could furnish the City with an
address or location of the people owing. Mr. Green
r:{ replied yes.
B-3 Marc Zimmerman - Kenai Peninsula Photo Ads - Transfer
-° to New Buyer
Marc Zimmerman, Soldotna. He owns Kenai Peninsula
Photo Ads. He has decided to sell to Kurt Karston. He
Y, is asking Council what he is supposed to do to
transfer. Atty. Rogers explained, the City went
through a lengthy RFP to accommodate the facility. Mr.
Zimmerman was the only individual. Now he wants to
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KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 3
sell the facility. He pays $50 per month. It is a
special use permit, there is no provision for
assignment. If it is not assigned, it will lapse.
Councilwoman Bailis asked if it had been a success.
Mr. Zimmerman replied, a relative success. People are
looking at it, it has a lot of ads on it.
MOTION:
Councilman Wise moved, seconded by Councilman Ackerly,
to approve the assignment.
Motion passed by unanimous consent.
C. PUBLIC HEARINGS
C-1 Ord. 1188-87 - Amend. KMC - Encroachment Permits
a. Subst. Ord. 1188-87
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Bailie, to adopt the ordinance.
MOTION, Amendment:
Councilman Wise moved, seconded by Councilwoman Bailie,
to amend the ordinance with Substitute Ord. 1188-87.
VOTE, Amendment:
Motion passed by unanimous consent.
There was no public comment.
Councilwoman Bailie asked that Administration attach a
memo of explanation with any substitute ordinances.
Councilman Wise explained the substitute was to 1)
provide for a fee, 2) give the basic reason for a
permit. He explained just because the permit is filed,
P&Z still has the right to turn down an encroachment.
MOTION, Amendment:
Councilman Wise moved, seconded by Councilwoman Bailie,
to amend the ordinance, 14.20.185 (d) (4), to read,
"The encroachment is not located across a platted lot
line."
VOTE, Amendment:
Motion passed unanimously by roll call vote.
VOTE, Main Motion as Amended:
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KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 4
Motion passed unanimously by roll call vote.
C-2 Ord. 1196-87 - Increas. Rev/Appns - Hire Lobbyist -
$20,000 (Notice of Reconsideration)
a. Submittal of Proposals
Mayor Williams explained, at the 4-1-87 meeting, notice
of reconsideration was given. There was question as to
who was on the prevailing side. The Attorney decision
(distributed this date) is that the person who voted
against the ordinance would be on the prevailing side.
MOTION, Reconsideration:
Councilman wise moved, seconded by Councilman Ackerly,
for reconsideration of the ordinance.
Motion passed unanimously by roll call vote.
There was no public comment.
Councilman Wise explained he moved for reconsideration
because some members were not at the 4-1-87 meeting.
Councilwoman Bailie said she is more convinced of the
need for a lobbyist. Councilwoman Monfor said she
heard this date that there may be a special session of
the Legislature. That is a good reason to have a
lobbyist. We now have 4 applications, that shows there
are others that think there is a need. It is not just
to get money, but to protect us. Mayor Williams noted
a letter of support was sent from the Chamber of
Commerce, distributed this date.
VOTE, Ord. 1196-87 (Passed):
Yes: Measles, Monfor, Williams, Ackerly, Bailie
No: Wise
C-2a Submittal of Proposals
Mayor Williams explained there are 3 proposals
submitted, he will ask for comments from these people,
then ask for an executive session.
PUBLIC COMMENT:
a. Harvey Sullivan, 430 C St., Anchorage. He has
offices in Juneau. He has made a presentation to
show their attributes and qualifications are
worthy of consideration. The City should pick a
lobbyist that has time to give the effort
necessary to see Kenai does not lose, also to see
Kenai gains what they need to. They feel they
have the capability and have established a
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KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 5
b.
reputation. A lobbyist interacting with elected
and hired officials has to establish control.
There cannot be a loose cannon on Council, there
has to be a unified controlled position. There
has to be continuity, there has to be presence,
reputation and an on -going interaction with people
in Juneau. He should be consistent - once a
lobbyist for Kenai - always, to the exclusion of
conflicts. There should be compliance, the City
should not be embarrassed by their lobbyist. They
are controlled by APOC, the rules should be
adhered to. The community is the most important
thing. He is aware that someone from the Council
or Administration has made inquiry to the
Governor's office regarding George Sullivan. His
position as liaison makes it improper to work with
the City. He is on leave of absence, but will not
represent a conflict with the Governor. Any
conflict would be resolved. Councilman Ackerly
asked Mr. Sullivan, if the City had a united front
on an issue, and the lobbyist represented an
opposing view, how would he represent? Mr.
Sullivan replied, an example would be he
represents Marathon & Enstar. They are strong
corporate members of this community. There could
be circumstances where their position would be
opposed to the City. It would be incumbent on him
to come to Council and ask for the wishes of
Council. He would let them make the choice.
Councilman Ackerly asked if he would make 2
positions at the same time. Mr. Sullivan replied
it is not possible. He should recognize a
conflict and handle it before it goes out of
control. Councilwoman Bailie noted the $18,000
figure was for the balance of the year, what would
be next year? Mr. Sullivan replied the reason the
request is now is that the session will only be
there till the 3rd week in May and possibly a
special session. It would not be $18,000 for a
full year. Councilman Ackerly noted he had an
office in Washington, D.C. After the State
Legislature adjourns, we have issues relating to
the Federal government. Would we have
representation? Mr. Sullivan replied, yes,
through the balance of the year. He is primaril
in Juneau. Mayor Williams noted the impending
legislation regarding relocation of utilities an
the City position. He represents Enstar. Does
view that as a conflict? Mr. Sullivan replied n
he has examined with the officials what their
perception of the conflict would be. They do nc
perceive a conflict.
Jackie Oberg, Kenai. She mailed a proposal to
Council and it was also distributed this date.
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 6
C.
She commended the Council on considering a
lobbyist. The Seward lobbyist, Bob Richards, is
speaking regarding prisons and was at Chamber this
date. It is important. Councilwoman Monfor asked
if the $15,000 figure was to the end of the
session. Mrs. Oberg replied yes, it would include
a special session. Councilwoman Monfor noted it
could last up to 30 days. Mrs. Oberg replied it
would have to be succeeding, they can only be 10
days. She had said one 10 day session, but she
can negotiate. She would be willing to represent
the City till the end of the year. Councilwoman
Monfor asked if that was the fiscal year or Dec.
31. City Manager Brighton noted the fiscal year
is June 31, it depends on what the lobbyist is
talking about. All the presentations are a
calendar year with the expectation of a special
session.
Ray Gillespie, Juneau. He felt his proposal
speaks for itself. It suggests there are several
ranges of services a lobbyist can provide.
Council should clearly decide what they want.
Between now and the end of the session, Council
may want to focus on their goals and work with the
lobbyist and select that person who most closely
conforms to those. Mayor Williams asked Mr.
Gillespie, is there is any potential conflict in
other clients that may arise? Mr. Gillespie
replied he has one contract that involves cargo
carriers with marine fuel tax. If he was under
contract with Kenai, he would ask approval of
Kenai if he had other municipalities.
Mayor Williams asked for an executive session, stating
the reason that "subjects that tend to prejudice the
reputation and character of a person, provided the
person may request a public discussion."
Councilman wise noted there are 2 issues before them,
selecting a lobbyist and establishing a contract. He
did not see how it can be accomplished this date. He
suggested an ad hoc committee to do this. Councilman
Ackerly objected, they have been working on this for a
month. Councilwoman Bailie noted the Legislative
session is continuing, other than when City Manager
Brighton and Atty. Rogers can get away, we need someone
there. Councilwoman Bailie suggested City Manager
Brighton, Atty. Rogers and Finance Director Brown
attend. Finance Director Brown noted he did not have
to attend.
COUNCIL ADJOURNED TO EXECUTIVE SESSION, 8:05 PM, RETURNED
8:55 PM.
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 7
MOTION:
Councilwoman Bailie moved, seconded by Councilwoman
Monfor, to accept the proposal dated March 21,
submitted by Ashley Reed.
Motion passed by unanimous consent.
C-3 Ord. 1198-87 - Establishing Two Employee
Classifications & Creating Salaries - Boating Facility
MOTION:
Councilman Wise moved, seconded by Councilwoman Monfor,
to adopt the ordinance.
MOTION, Amendment:
Councilman Wise moved, seconded by Councilman Ackerly,
to amend the ordinance by adding, "Section 4: The
positions at the Kenai Boating Facility shall be
temporary, seasonal positions."
VOTE, Amendment:
Motion passed by unanimous consent.
MOTION, Amendment:
Councilman Wise moved, seconded by Councilwoman Bailie,
to amend the ordinance, Section 1 (a) 113, change 19 to
13.
Councilman Wise explained, range 13 is recommended by
the Harbor Commission. It is clear by the job
description and what we know regarding the fishing
industry there will be a large amount of overtime.
Mayor Williams said this is only 4 months, there are no
benefits. Range 13 is not commensurate with journeymen
scale for most crafts. Health & life insurance would
be difficult for a family man.
VOTE, Amendment (Passed):
Yes: Monfor, Wise, Ackerly, Bailie
No: Measles, Williams
There was no public comment.
Councilwoman Monfor said range 13 may not be workable,
we have a 20% unemployment rate, there are
a number of
people that would work for us. 4 months
is not much,
but she cannot see paying a temporary at
that rate. We
are looking for a journeyman -type person
who can take
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 8
full care of the dock. There will be much overtime.
Councilman Wise confirmed that the pay range has not
been adjusted from the current Code. Answer - yes.
VOTE, Main Motion as Amended (Passed):
Yes: Measles, Monfor, Wise, Ackerly, Bailie
No: Williams
C-4 Ord. 1199-87 - Amend. KMC - Airport Commission
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Bailie, to adopt the ordinance.
MOTION, Amendment:
Councilman Wise moved, seconded by Councilwoman Bailie,
to amend the ordinance, Section 21.25.030 (e), to read,
"One member, with expertise in the Air National Guard
or general military affairs."
Motion passed by unanimous consent.
MOTION, Amendment:
Councilman Wise moved, seconded by Councilwoman Bailie,
to amend the ordinance, Section 21.25.030 (d), to read,
"One member, representing the Civil Air Patrol or
General Aviation Community."
Motion passed by unanimous consent.
There was no public comment.
MAIN MOTION AS AMENDED:
Motion passed unanimously by roll call vote.
C-6 Res. 87-18 - Awarding Engineering Inspection Services -
JABBA Project
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Bailie, to adopt the resolution.
PUBLIC COMMENT:
a. Bill Nelson, Engineer, 215 Fidalgo, Kenai. His;
submitted firm also a proposal. They are ;r T
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competitively priced, 2.8$ above. He asked
Council to consider his proposal. He is
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KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 9
interested in doing this, they have worked with
the Council in the past.
b. David Johnson, representing M. Tauriainen,
Soldotna. He will answer any questions. Their
inspector is a graduate engineer at $35 hour.
Anybody else cannot beat them at that rate.
Councilman Ackerly noted the fee is competitive.
There is room for flexibility if unforeseen
problems come up. Is there any limit? Public
Works Director Kornelis explained, our standard
contract calls for a not -to -exceed figure. That
would be the greatest unless it is a listed cost.
Before that is available it will have to go to the
City, if over $1,o0o it would go to Council.
Councilman Wise asked, if the plans approved by
the City need an overhaul, is that an added cost?
Mr. Kornelis replied, they sent plans with the
proposal and asked for necessary charges. Mr.
Johnson explained there are things he has assumed
to be correct in the drawings. If that is not the
case and they had to send out a survey crew, there
would be a higher cost. Councilman Wise noted all
bidders have been given the plans, he did not
anticipate them coming in for changes.
VOTE:
Motion passed unanimously by roll call vote.
C-7 Transfer of Liquor License - Aase to Schilling -
Uptown/VIP
Clerk Whelan reported all taxes are current for Aase
and Schilling.
Councilman Wise moved, seconded by Councilwoman Monfor,
to send a letter of non -objection to ABC regarding the
request.
Motion passed by unanimous consent.
D. COMMISSION REPORTS
D-1 Planning & Zoning
None
D-2 Harbor Commission
Chairman Quesnel noted the crane on the barge, near the
area where the dock will be built. It was to be a
small boat harbor, we did not have the money, now we
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KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 10
will have a dock. The trestle will be 200' into the
river, the dock area will be 1701. It will always have
some water in front so boats can off-load. (except at
extremely low tides) The Harbor Commission proposes
the City run it the first year to see how it will be
run. We will have more accurate information to review
for recommendations. The 1st station will be run by
the City, the next 2 for lease, fuel stations for
diesel and gas. At least 2 pumps each would be best.
It should be finished on time or before the end of
June. It does not have to be complete till the end of
July. Councilman Wise asked if they can fuel 2 at the
same time. Chairman Quesnel replied yes, the rules &
regulations have to be worked out. They are using
Homer, Seward and Kodiak for reference. Councilwoman
Bailie asked if they are addressing the camping
situation. Chairman Quesnel replied no, the parking
facility will be designated by management under the
direction of the City Manager. They have a very small
area to work in. Councilwoman Bailie noted with the
cannery workers, etc. may by a problem. Chairman
Quesnel said the ordinance is quite detailed and should
cover it. They will have a rough draft by May 6
meeting. Councilman Wise asked if the regulations
included police powers. Answer - yes. Councilman Wise
suggested speaking to Police Chief Ross regarding
deputizing. Chief Ross replied it would be
appropriate, it would be the same as the airport and
animal control. Mayor Williams commended the Harbor
Commission for their efforts. He added he will be
assigning the wildlife viewing area proposal to the
Harbor Commission.
D-3 Recreation Commission
Recreation Director McGillivray reported there was a
meeting April 14.
D-4 Library Commission
None
D-5 Council on Aging
Program Director Porter said they submitted 3 grant
applications to Older Alaskans Commission. They will
be having a 3% to 15% reduction. Mayor Williams asked
about a smoking area in the Center. Mrs. Porter
replied she would like an area designated. She would
like to have a fan but do not want a smokeless area.
D-6 Airport Commission
a. Councilwoman Bailie reported they are pursuing an
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KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 11
b.
c.
Air National Guard wing in the area. It would
mean at least 200 full time people. It would be
as many as 500 on week ends. There would be two
C-130's. Council would have to set aside 40-50
acres near the airport for this.
Councilman Wise spoke regarding a marketing study
for the airport. This was discussed at the
Resource Development meeting in Anchorage in
March. One of the largest assets we have is the
airport. He suggested a marketing plan for the
float plane basin and aviation parking area we are
constructing. We have a lot of money invested.
It could be used to convince the government
regarding the Air National Guard. A rescue wing
is proposed to move out of the State. We have the
space. It may be favorable for the City and the
State. City Manager Brighton noted on the news
this date it was reported they may be a heavy
military presence in Alaska. There is some
agreement to eliminate short range missiles in
Europe and European Russia, and permitting 100 in
Asiatic Russia and 100 in Alaska.
Councilwoman Bailie said the next meeting will be
April 23. She noted she would not be here and
asked for a substitute ad hoc member.
a.(contd) Mayor Williams noted he spoke to Rep. Young
regarding the Air National Guard wing, he has
promised to help. He is sending a letter to Sen.
Stevens.
D-7 Misc. Comm/Comm
a.
Beautification Committee. Councilwoman Bailie
reported a meeting on April 14. They are looking
at an agreement with one of the landscaping firms
for planting trees in the Memorial Park. There
will be a guarantee. The plaques will be built of
black granite, made in Seattle. Regarding the
banners, the high school art class has been asked
to design. Money is allocated. They will cost
850, made in Seattle. They had thought they would
cost $200.
D-6 (contd) Airport Commission. Airport Manager Ernst
reported he had spoken to Col. Lindemuth, he will be
meeting with his engineer April 17 regarding the Air
National Guard wing.
E. MINUTES
E-1 Regular Meeting, April 1, 1987
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 12
Approved by Consent Agenda.
F. CORRESPONDENCE
None
G. OLD BUSINESS
None
H. NEW BUSINESS
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Wise moved, seconded by Councilwoman Monfor,
to approve the bills as submitted.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Monfor, to approve the requisitions as submitted.
Motion passed by unanimous consent.
H-3 Ord. 1200-87 - Increas. Rev/Appns - Praparation of City
Brochure - $11,950
a. Public Hearing - Ord. 1200-87
b. Res. 87-17 - Awarding Bid - Kenai Brochure - Sun
Dog Photography - $11,950
MOTION, Introduction:
Councilman Ackerly moved, seconded by Councilman Wise,
to introduce the ordinance.
Motion passed by unanimous consent.
H-3a Public Hearing, Ord. 1200-87
MOTION, 2nd Reading:
Councilman Wise moved, seconded by Councilwoman Bailie,
to have 2nd reading of the ordinance this date.
Motion passed by unanimous consent.
MOTION, Adoption:
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KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 13
Councilman Wise moved, seconded by Councilwoman Bailie,
to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
H-3b Res. 87-17
MOTION:
Councilman Ackerly moved, seconded by Councilman Wise,
to adopt the resolution.
Public Works Director Kornelis reviewed the proposals,
as distributed at the April 1 meeting.
PUBLIC COMMENT:
a. Dave Brown, Alaska Contact, 508 S. Willow, Kenai.
He submitted a proposal, he is low bidder by
$1,000. Satisfaction is guaranteed or no cost.
Regarding a possible conflict of interest: he has
a 4 year business relationship with Mayor
Williams, but they have no business relationship
now. They share an office. He did not have
specifics in his proposal because the quality is
guaranteed. It was uncertain if Mr. Freeburg
would be available, he is gone now but will be
back to work with the project. He is low bidder
by a considerable amount and satisfaction is
guaranteed. Based on these facts, he believes he
deserves the contract. The ratings gave Sun Dog
an edge. They were based on a criteria he '
believes should not be. Nowhere in the RFP is
there a request for a sample. That should evolve
in meetings with the City.
b. Veronica Kessler, Sun Dog Photography, Kenai. The
- samples submitted with her proposal are their
` concept of what they would like to see, not
-z' necessarily the final product. Quality is
guaranteed. They live in Kenai.
Mayor Williams noted this has been his pet project for
4 years, but he finds a possible conflict with one
proposer. He requested abstaining from voting on this
issue. Councilwoman Bailie said those people attending
the Resource Development Council meeting in March saw 2
brochures, one was to promote and one for visitors.
Are we going to consider both types? Mayor Williams
replied this one is for economic development
specifically. Councilwoman Bailie noted the 2 go hand
in hand. The video tapes are also important.
l
=n
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 14
Councilman wise suggested the hard data in the brochure
should be able to be up -dated without reprinting the
brochure. He added he would like to encourage Kenai
and Soldotna to have a joint tourist brochure.
Councilwoman Bailie explained, she was thinking of one
like the Valdez one. Kenai has the oldest church, the
only municipal golf course, the biggest salmon, we
could fill our own brochure. The Chamber of Commerce
has its own brochure. Councilman Wise explained,
Soldotna Chamber of Commerce has State funds for an
information building. We could work with them on the
tourism brochure, have Kenai alone for the economic
brochure. Mayor Williams noted the bidder submitted a
cost for 1,000, there would be a cost break at 2,000,
but he thought 1,000 was a safer amount. Councilman
Ackerly noted in Sen. Stevens' office in Washington
D.C., Kenai was the only city not represented with
material. City Manager Brighton replied there is no
reason for this, the Chamber of Commerce is funded by
the City for brochures. He will speak to the Chamber.
Councilwoman Bailie noted with the large number of
inquiries received by the Chamber, there may not be
enough.
VOTE (Passed):
Motion passed unanimously by roll call vote, with Mayor
Williams abstaining.
H-4 Ord. 1201-87 - Increas. Rev/Appns - Additional
Construction Costs - FSS Facility - $20,000
MOTION:
Councilman Ackerly moved, seconded by Councilman Wise,
to introduce the ordinance.
Councilwoman Bailie said she is concerned that there is
no security in this building. It is off -road, there
may not be anyone in till Sept. City Manager Brighton
replied he had intended to bring a proposal to the May
6 meeting. Councilwoman Bailie said there is a fire
system hooked to the phone system, but no phone.
Finance Director Brown explained, payment was approved
for this at the April 1 meeting. Councilman Wise
asked, how much is the total cost? Finance Director
Brown replied, close to $1.5 Million. Councilman Wise
suggested we should know the total cost, any additional
cost - if they do not occupy - can be submitted to the
Legislature.
Motion passed by unanimous consent.
I. ADMINISTRATION REPORTS
KENAI
CITY COUNCIL
:,.fig•- :
APRIL
15, 1987
°ep
PAGE
15
I-1
City Manager
City Manager Brighton spoke regarding Mental Health
'w' t
lands (Info #13). The City received lands from the
State in 1967 with a land exchange, they received
`{
Forest Park. According to these records, the City
Nil -„
never. gave real estate for exchange. At this point we
cannot verify this. The State is now asking for us to
come up with real estate that they can relate to equal
value of 1967 dollars. Administration is searching the
files. The City exchanged a portion of that for the
�•
sewer treatment plant and nominated the golf course
area as dedicated recreation land. The 2nd letter
received is regarding State land and City land. e
State land conveyed from UAA land grant was transferred
to U of A. The State wants $25 Million worth of real
estate to supplant this land. It affects Kenai that
x•
parcels in Kenai have been nominated that belong to the
?,• '�
City, they intend to take back. Admin. Asst.
v`
Gerstlauer explained, the land is owned by the State,
"s-
not by the City. They think they own the whole ball
x_
ark. City Manager Brighton said we think it is a
mistake on the part of the State. We have patent.
This is coming about because of a law suit regarding
r..r
mental health lands income that has been transferred
out. Our real problem is with Forest Park. This is
notice the State is looking for 200-300 acres of land
to take back. Councilman Wise asked if Parcel 87 has
-
been deeded to the City. Admin. Asst. Gerstlauer
W..,:>.
replied she has ordered litigation on all parcels. The
s-
_r,:..��
ball perk has been deeded.
;r.
I-2
City Attorney
Atty. Rogers spoke.
a. The Legislative Bulletin (State) refers to SB-155,
the Utility Relocation Bill. City Manager
Brighton and Atty. Rogers have testified regarding
this, he has testified 2 times. It has not come
out of subcommittee. It will be heard April 22.
He will will be there at that time. P14L has
testified. There is a substitute that says
municipalities will be responsible for utility
relocations for utilities put in place after the
effective date of the legislation, all before
would be by the utility companies. He has opposed
this. it is still in committee. He urged Council
to talk to their legislators.
b. Regarding Mental Health Lands (Info #13). This is
the result of the State not setting aside mental
health lands, they are going back to
municipalities for lands.
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 16
C.
a.
Regarding the $1,000 charge for professional
services for bankruptcy (item H-2). He will be
attempting to do this himself this year.
(contd) Councilman Wise said, regarding the
relocation bill, the corridor ordinance we passed
gives the utilities blanket permit. We should
review the ordinance. If we are going to be
forced to pay, we will have to have fees, etc. He
suggested Administration draft an amendment to
impose no blanket permits. He would like to put
the utilities on notice that we are prepared to
make them toe the line. Atty. Rogers explained,
if this bill passes out, we will be without
expertise and staff that PUC has but will be
burdened with the duties they have. We will have
to look at increased staff and specific
requirements for relocation. If we draft an
ordinance before we know what is coming out, we
will have to parrot that one. Councilman Wise
suggested we introduce an ordinance and not adopt,
indicating we will be taking a tough stance. This
will require the utilities provide us with
detailed information. Atty. Rogers replied he
would hope to wait till the Supreme Court hears
this. It will be recovered by utility surcharges
or by municipalities by taxation. It would be
higher as taxes than surcharges because we do not
have the expertise to review bills. public Works
Director Kornelis said the present ordinance
requires yearly permits. It provides means for us
to see if they have insurance, etc. Then there is
an individual permit they have to be in accordance
with our regulations. If not, they have to have
an exception to the utility corridor. If they go
to another corridor, they have to have permission.
The fee is very low. Councilman Wise asked if we
require as-builts. Answer - no. Councilman Wise
suggested a penalty if they violate the ordinance.
Mr. Kornelis replied, there is a penalty.
I-3 Mayor
Mayor Williams spoke.
a.
Regarding Comm/Comm Appreciation Night. There are
186 volunteers, their work goes unnoticed. They
should be recognized. The proposed reception will
cost $1,500. There could be 370 people if all
attend with a guest.
Council approved the expenditure.
r
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 17
b. Bob Richards spoke at Chamber regarding the
correctional facility project for prison work.
(item I-3) It has been stopped. There are other
areas that can be considered. He will look into
this.
C. Regarding the Comprehensive Plan. (item I-3) He
asked Council to review this. He would like to
finish this as he feels it would set out the
needs. He would like a 5 year plan of our own.
d. Budget work sessions. Council agreed to meet
April 21 and 29. (NOTE: April 29 date changed to
April 30 after Council meeting)
e. Student Government Day is May 6. We will have a
special agenda for them to work with at the
Council meeting. They will take over control of
the City and have lunch at the Chamber.
f. Port and Customs Authority. That may be the next
step in development of the airport. Kenai would
be a central point for customs agents. The
fishing industry is looking at development of
fresh fillets. If we don't, they will ship from
Anchorage. We will need an area for foreign
passengers to disembark, and a security area. The
most important thing is to establish customs
security in Kenai.
g. He had a meeting with Rep. Young. He is favorable
to an Air National Guard wing in Kenai. Mayor
Williams suggested a 99 year lease in Old Town for
a park for the Bicentennial year. They also
discussed moving the antenna farm.
h. The ABC overturned Council recommendation of
non -approval of liquor license renewal for Roger
Boyd.
1-4 Clerk
Clerk Whelan noted the report on the Clerk's seminar.
(Item I-4)
I-5 Finance Director
None
I-6 Public Works
None
I-7 Airport Manager
KENAI CITY COUNCIL
APRIL 15, 1987
PAGE 18
None
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Councilwoman Monfor. She suggested Council should
_V_ it
agree on Poster's plan on a boat ramp on Beaver
Creek. We have had enough opposition that we
could stop if we had a unanimous decision.
Everything points to the fact this is the wrong
Fosters
location. Admin. Asst. Gerstlauer said
called to be on P&Z agenda 4-22-87 regarding a
permit. Mayor Williams added, we
conditional use of
from the Corps
have received acknowledgement
Engineers regarding our request for a public
hearing, but no date has been set
b. Councilman Ackerly. He felt it was a waste of
time to work with ABC (on liquor licenses), they
have done us very little service.
C. councilwoman Bailie. she will be absent for the
next 2 council meetings, at least She asked for
a replacement for the commission & committee
meetings.
ADJOURNMENT:
Meeting adjourned 11:00 PM.
71JaA____
Janet Whelan
City clerk
A"OVW BY COUNCIL
DATEf - 7 �_Zr_ zea�
CiTr CLEX
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7536
_QEMORANDUM
TO: Council Members
City of Kenai
N,,:
FRO /i m Rogers, City Attorney
City of Kenai
DATE: April 15, 1987
RE: April 15, 1.987 Council Meeting, Reconsiderations,
Rescissions and Order of voting
Several issues of parliamentary procedure were raised at the last
Council Meeting. In the interim, another issue has come to
light. This memorandum addresses the parliamentary questions
which may come before Council at the April 15, 1987 Council
Meeting.
SUMMARY
This memorandum discusses four (4) items of procedure relevant to
the April 15, 1987 Council Meeting and possible selection of a
lobbyist. The memorandum advises that anyone who voted against
the appropriation of money for the lobbyist position would be in
order to bring a motion to reconsider. This memorandum further
suggests that if no motion to reconsider is forthcoming, a motion
to rescind would be in order. Any Council Member may bring such
a motion. The answer as to whether a single member of the
Council, could at this time, have the order of roll call changed
for purposes of voting, concludes that the present method of
procedure is a de facto rule based upon long-standing usage and
custom, and that any attempt to change it would have to be
through consent of Council.
Finally, if it is the desire of Council to hire a lobbyist, an
executive session would be in order to discuss the selection of
that lobbyist. However, an executive session would only be
appropriate to discuss personal characteristics of the applicants
which might tend to damage reputation. All other aspects of
selection should be at a public meeting.
1
RECONSIDERATION
At the last Council Meeting, John Wise gave notice that he would
move to reconsider the vote on appropriating money to retain
Ashley Reed as the City's lobbyist. The question is, who can
move to reconsider the prior vote. The prior vote was three (3)
in favor and two (2) against.
The City Charter provides that Robert's Rules govern unless
otherwise provided. The City Charter does provide otherwise with
respect to motions to reconsider and motions to rescind in KMC
1.15.060(g) and (i). Subsection (g) provides that, "a motion to
reconsider may be made by a member who voted on the prevailing
side, at the same meeting or at the next succeeding meeting
whenever motions are in order, providing that the subject matter
has not passed out of control of the Council." This subsection
also specifically provides that no motion will be reconsidered
more than once.
In this case, the matter has not passed out of the Council's
control and April 15, 1987 is the next meeting. Accordingly, the
only question is who voted on the prevailing side.
Neither the Kenai Municipal Code, Robert's Rules of Order, or
Mason's Rules definitively address which is the prevailing side.
The Courts have generally construed the prevailing parties to
mean, "the party ultimately prevailing when the matter is finally
set at rest." Comparri v. James Readding Inc., 121 N.J.L. 59, 3
At.2d 802.
In Alaska, the question of who is the prevailing party has arisen
most in relation to awards of attorney's fees. Alaska courts
generally hold that the party is the "prevailing party" if they
are successful in regard to the main issues in the action.
Cooper v. Carlson, 511 P.2d 1305 (Alaska 1973). In addition, the
"prevailing party" can be considered one who has successfully
prosecuted or defended against an action. Adoption of yMC, 528
P.2d 788 (Alaska 1974).
In the instant case, the main issue voted upon in essence was
whether to hire the lobbyist (the matter actually relates to
funding). The result of the vote was that the City did not
obtain a lobbyist. Accordingly, the persons who voted against
funding a lobbyist should be considered the prevailing party.
This conclusion is also in harmony with the concept of the
prevailing party being one who defends against the action, in
this case defending against the hiring of the lobbyist.
2
RESCISSION
If no member of the Council moves to reconsider the lobbyist
question, any Council Member could move to rescind. KMC
1.15.060(i) provides for rescinding votes provided the matter has
not passed out of the control of the Council and there are not
any intervening interests. A favorable vote by four (4) members
of the Council would be required to rescind.
ORDER OF VOTING
The question has been raised of whether one member of the Council
can impose a voting order other than is traditionally used by the
Clerk. The customary practice, at least since before the present
Clerk, has always been to call the roll starting with one person
and going through the Council in the same order for the entire
Council meeting. At the next Council Meeting, the order is
changed. This method ensures that the timing of Council Members'
votes are equal; sometimes being called at the beginning of a
vote and at other times being called at the end of a vote. At
Planning & Zoning meetings, it is the practice to change the
order of the roll following each vote Neither the Kenai
Municipal Code, Charter, or any of the parliamentarian
authorities such as Robert's Rules or Mason's address the issue
of order of roll call votes.
Because the present method of calling the roll has been in place
for so long, the effect of the rule is to establish a de facto
rule. Accordingly, the Clerk should continue to call the roll as
she has always done. If, however, a Council moved to suspend the
de facto rule for purposes of a vote, or if the Council would
like to adopt another rule of how to call the roll, a motion
would be in order.
Under KMC 1.15.120(c), the Council rules are required to be
observed unless temporarily suspended for a special purpose of an
emergency nature. A vote of five (5) members is required to
suspend the rules. A second is required of the motion.
If the Council wished to permanently change the de facto rule
regarding order of calling the roll, it would probably be
advisable to follow KMC 1.15.120(a) which requires written
submission of proposed amendments to repeal the rules of order.
While in the instant case, the de facto rule is not a written
rule and part of the code, it would be inconsistent to allow a
simple verbal amendment to the rules.
3
EXECUTIVE SESSIONS
The final question in this series concerns selection of a
lobbyist if the monetary appropriation is passed. One specific
question is whether an executive session would be in order. KMC
1.15.030 provides that, "meetings and actions of the Council
shall be taken at public meetings." It also provides for private
meetings pursuant to Charter Section 2-6 by a vote of five (5)
members.
The procedures for convening in executive session are set forth
in Alaska Statutes 44.62.310(b) as follows:
1. The meeting must first be convened in public.
2. The question of holding an executive session concerning
accepted subjects must be determined by a majority vote, however,
KMC 1.15.030 requires a vote of five (5).
3. Only accepted subjects, and only those mentioned in the
motion calling for the executive session can be considered in the
executive session as set forth in AS 44.62.310(c): (a) The
matters the immediate knowledge of which would clearly have an
adverse effect upon the finances of the government unit; (b)
Subjects that tend to prejudice the reputation and character of a
person provided the person may request a public discussion; (c)
Matters which by law, municipal charter, or ordinance are
required to be confidential.
4. No action may be taken at an executive session.
The matter of choosing a lobbyist, which is in essence the
employment of one for professional services, is very analogous to
the hiring of the City Manager. The question of when an
executive session is in order for purposes of discussing
employment contracts, was detailed by the Alaska Supreme Court in
Kenai vs. Kenai Peninsula Newspapers Inc 642 P.2d 1316 (Alaska
1982). This case revolved around City Manager applications.
In the Newspapers case, the Court enjoined the City from "any
deliberations toward appointment of a City Manager unless those
deliberations are held in compliance" with the Public Meeting
Laws, AS 44.62.310 - .312. The Supreme Court suggested that
ordinarily an applicant's reputation will not be damaged by a
public discussion of his or her qualifications relating to
4
experience, education, or background, or by comparison of them
with those of other candidates. In this case then, the Council
should not meet in Executive Session to discuss those particular
items.
However, the Court did go on to suggest that discussion of
personal characteristics and habits may well carry a risk that
the applicant's reputation will be compromised. "Such a risk is
especially acute where the qualities of several applicants are
being compared." Based upon this belief, the Court concluded
that a City Council is authorized to meet in executive session
while discussing the personal characteristics of the applicants.
The Court also cautioned councils by way of footnote to follow
the guidelines for executive sessions mentioned above.
Based upon the Newspapers decision, I would conclude that the
Council should discuss the qualifications relating to experience,
education and background and compare those attributes among the
applicants at the public phase of the hearing. If the Council
desires to adjourn into executive session to discuss personal
characteristics, an appropriate motion should be made and the
clear instructions for the session followed. Five (5) votes are
required for an executive session.
TR/clf
5