HomeMy WebLinkAbout1987-05-20 Council Minutesgaa-
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
y;4 MAY 20, 1987 - 700 00 PM
PLEDGE OF ALLEGIANCE
A. ROLL CALL
1. Agenda Approval
2. Consent Agenda
*All items listed with an asterisk M 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. Calvin Scott - Refuse Collection
2. Bill Conyers, Kenai Peninsula Borough Engineer -
City Disposing of Surface Water - Sterling Waste
Site
C. PUBLIC HEARINGS
1. Ordinance 1203-87 - Increasing Rev/Appns - 84/86
Advance Refunding Debt Service Fund - $408,113
2. Ordinance 1204-87 - Amending Kenai Municipal Code,
23 - Set Employee Anniversary Dates at 1st of
Month
3. Ordinance 1205-87 - Amending Kenai Municipal Code,
23 - Establishing New Employee Classification -
Police Trainee Position
4. Ordinance 1208-87 - Amending Kenai Municipal Code,
11 - Harbor & Harbor Facilities
5. Ordinance 1209-87 - Increasing Rev/Appnp - Library
Donations - $1,083
6. Ordinance 1210-87 - Amending Kenai Municipal Code,
23 - Pay Range Increase - Legal Assistant
7. Resolution 87-21 - Participating in Flood
Insurance Program (Postpone Requested by P&Z)
8. Delete
9. Resolution 87-26 - Accepting Grant for Independent
Living Program - $161,500
10. Resolution 87-27 - Transfer Federal Revenue
Sharing - Bicentennial Constitution Committee -
$1,800
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il. Resolution 87-28 - Setting of Fair Market Value
for Return on Lease of City Lands
12. Resolution 87-29 - Awarding Contract for Two
Police Cars - Hutchings Chevrolet
13. Resolution 87-30 - Supporting Air National Guard
14. 166AM P14-31 - Awarding Bid - water Storage
Tank Repairs - $9,785
15. Resolution 87-32 - Transfer of Funds - Airport
Safety Zone, GAA Tiedown, Taxiway Improvements
Inspection - $2,500
a. Approval - Engineering - Change Order $2
b. Approval - Change Order #2
16. Resolution 87-33 - Leases on City Marine Dock
D. COMMISSION/COMMITTEE REPORTS
1. Planning & Zoning
2. Harbor Commission
3. Recreation Commission
4. Library Commission
5. Council on Aging
6. Airport Commission
7. Misc. Comm/Comm
E. MINUTES
1. *Regular Meeting, May 6, 1987
F. CORRESPONDENCE
1. *Kenai Central High School - Student Government
Day (Thanks)
2. *Jackie Oberg - Volunteer Reception (Thanks)
3. *Governor Cowper's Office, Ray Price - Transfer
State Roads to Local Municipalities
4. *Sen. Fischer - Transfer State Roads to Local
Municipalities
5. *Anchorage Fiscal Officer, Barbara Steckel -
Revenue Sharing Special Appeal
6. *Woodard Const. - FSS Station
7. *Cooperative Extension Service - Plant Test Site
8. Sen. Hensley - SB-188 - State Fisheries Management
9. *Sen. Murkowski - Air Guard Unit in Kenai
10. DEC - Application for Wastewater Disposal Permit -
Seafood Processing Wastewater
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. *Ordinance 1211-87 - Adopting Budget - FY 87/88
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4. *Ordinance 1212-87 - Amending Kenai Municipal
Code, 23 - Allowing Employment of Persons Not U.S.
Citizens, but Otherwise Eligible to Work
5. *Ordinance 1213-87 - Rezoning Dena'Ina Pt. S/D
6. *Ordinance 1214-87 - Amending Zoning Map -
Thompson S/D - Henderson Replat
7. Discussion - Security System - FSS
8. Disz. - Agreement, Kenai Borough & City -
Community Schools
9. Sale of Land to TEXT Alaska, Inc. (Kambe Theatre)
Alyeska S/D
10. Report - Economic Development Committee
ADMINISTRATION REPORTS
1.
City Manager
2.
Attorney
3.
Mayor
4.
Clerk
5.
Finance Director
6.
Public Works Director
7.
Airport Manager
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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8IIiA2 CITY COUNCIL, Rt3Uf.AR 1M8'1'IN3, MINUTES
1 MAY 20, 1917, 740 PH
R�lA7 CITY HALL
IWOR JOHN J. WZ=AHS PR=SIDING
PLSDGS OF ALLNGIANCE
A. ROLL CALL
Presents John Wise, John Williams, Tom Ackerly, Art
XcComsey, Ray Measles, Chris Nonfor
Absents sally Bailie (excused)
A-1 Agenda Approval
a. Mayor Williams -eked that item B-1 (Calvin Scott)
be deleted.
b. Mayor Williams asked that item H-10 (Economic
Development Committee Report) be moved to item
B-2.
C. Mayor Williams noted Substitute Ord. 1208-87
(Harbor Facilities) was distributed this date.
d. Mayor Williams asked that item C-16 (Ras. 87-33)
be deleted.
e. Mayor Williams noted additional information for
item H-9 (Sale of Land, Alyeska S/D) was
distributed this date.
MOTION:
Councilman Wise moved to approve the agenda as
submitted.
Notion passed by unanimous consent.
A-2 Consent Agenda
NOTION:
Councilman wise moved to approve the Consent Agenda.
Councilwoman Monfor asked that item H-5 (Ord. 1213-87)
be removed from the Consent Agenda.
Consent Agenda approved as amended by unanimous
consent.
a. PERSONS PRESENT SCHEDULED TO BE HEARD
B-1 Bill Conyers, Kenai Peninsula Borough Engineer - City
Disposing of Surface Water - Sterling Waste Site
Mr. Conyerr. DEC has directed the Borough close the
Sterling Special waste Site. There are contaminants in
there. The first step is to dispose of surface waters.
They need to come up with some way of disposing of them
off -site. The best plan is to use the sewer treatment
plant. The water would be tested before putting it in
the Kenai plant. They need a modified EPA permit to do
this. DEC has indicated this type Lf request is
routine. Based on initial test results, there should
not be a problem. They would be able to get a Fermit
with Council permission. DEC will be monitoring this
process. If they are unable to discharge there, the
next solution would be to boil off the water, this -
would be expensive. - —
NOTION:
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KENAI CITY COUNCIL
MAY 20, 1987
Page 2
Councilman Wise moved, seconded by Councilwoman Monfor,
that Administration be directed to draft an ordinance
to permit this exception to Code which would embody
appropriate fee and hold harmless agreement from the
Borough relative to impact on EPA criteria for
discharge at the sewer treatment plant.
'A
Atty. Rogers said right now the City is precluded from
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accepting this because of the Code. He suggested
indemnification and testing with certification of what
goes in there. Mr. Conyers asked, would it be 30-45
days before final action? Answer - yes. Councilman
Ackerly asked, why don't they dump in Soldotna? Mr.
Conyers replied, Soldotna City Manager Underkofler did
not want to address dumping into the Kenai River and
the problems relating to that. Mayor Williams asked,
-
what is the Borough time frame? Mr. Conyers replied,
since there is quite a bit of water there, testing
takes a week. It will be a slow process to dispose of.
-x
He hoped to start the first of June. Mayor Williams
~V`{°
asked if there was a fee schedule. Public Works
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Director Kornelis replied, the City fee is $10 per 100
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gallons, this would be $100,00O. Atty. Rogers said he
would caution Council regarding changing the fee
W.
schedule. Mr. Kornelis explained, the fee is for
septic material. This is not septic material. The
fees are set by resolution. The regulations and rates
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are set by the City Manager and approved by Council.
Mayor Williams asked, how do we handle extra zralids at
the plant? Mr. Kornelis replied, we would have more
HH.
run-off. It would slow the process down. Tte:.s would
.......
not be large solids at the plant. Councilman Wise
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noted the Code rays the wastes have to be from within
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the City. This will have to be modified. Mayor
Williams F.sked Administration to make all amendments b3
ordinance for the June 3 meating.
VOTE (Passed) :
s Yes: Wisp, Williams, Mccomsey, Measles, Monfor
4', k No: Ackerly
B-2 Report - Economic Development Committee
Mayor Williams expressed his thanks to the Committee
for their time and efforts for the City. Committee
Chairman O'Reilly reviewed the report. The Committee
had 9 members, and had 15 meetings. There are 2 parts
to the report. The first is a report and analysis of
the economy of the City, the second is a recommendation
to Council that a commission be formed regarding
economic development. They had presentations on 9
segments of the economy. He asked for a work session
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MAY 20, 1987
page 3
with Council to review the economic part of the report
and deal with the recommendations. He noted, the
report is not a blue -print for evacuation of the City.
The intent is to show there is a long effort needed.
Council agreed to meet June 8, after the work session
on Federal Revenue Sharing.
C. PUBLIC HEARINGS
C-1 Ord. 1203-87 - Increas. Rev/Appns - 84/86 Advance
Refunding Debt Service Fund - $408,113
MOTION:
Councilman Ackerly moved, seconded by Councilman
Measles, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
C-2 Ord. 1204-87 - Amend. KMC 23 - Set Employee Anniversary
Dates at 1st of Month
MOTION:
Councilwoman Monfor moved, seconded -by Councilman
Measles, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
C-3 ORd. 1205-87 - Amend. KMC 23 - Establishing New
Employee Classification - Police Training Position
MOTION:
Councilman Ackerly moved, seconded by Councilman
McComsey, to adopt the ordinance.
There was no public comment.
VOTE (Passed):
Yes: Williams, Ackerly, McComsey, Measles, Monfor
No: Wise
C-4 Ord. 1208-87 - Amend. KMC 11 - Harbor & Harbor
Facilities
MOTION:
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KENAI CITY COUNCIL
NAY 20, 1987
t ^' Page 4
Councilman Ackerly moved, seconded by Councilwoman x
Monfor, to adopt the ordinance
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MOTION, Amendment:
Councilman Measles moved, seconded by Councilwoman
Monfor, to amend by replacing the ordinance with the
substitute distributed this date.
There was no public comment.
Public Works Director Kornelis reviewed the substitute,
as explained in his attached memo. Mayor Williams
asked Harbor Commission Chairman Quesnel, will the
Harbormaster and the assistants have the power to issue
citations? Chairman Quesnel replied, they proposed
that enforcement powers be the same as at the airport.
Just those designated would have enforcement powers.
Police Chief Ross noted, in order to conform to State
law regarding training, he suggested citation powers
only. Atty. Rogers explained, there are some problems
with the ordinance, but he wanted to get some
enforcement powers on the books.
VOTE, Amendment:
Motion passed by unanimous consent.
MOTION, Amendment:
Councilman Measles moved, seconded by Councilwoman
Monfor, to amend the ordinance by deleting the entire
last sentence of Section 1.
VOTE, Amendment:
Motion passed by unanimous consent.
MOTION, Amendment:
Councilman Measles moved, seconded by Councilman
Ackerly, to amend Section 4, Line 2, be deleting the
words "subject to approval by City Council."
VOTE, Amendment:
Motion passed by unanimous consent.
VOTE, Main Motion as Amended (Passed):
Yes: Williams, Ackerly, McComsey, Measles, Monfor
No: wise
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KENAI CITY COUNCIL
MAY 20, 1987
Page 5
C-5 Ord. 1209-87 - Increas. Rev/Appns - Library Donations -
$1,083
MOTION:
Councilwoman Monfor moved, seconded by Councilman
Ackerly, to adopt the ordinance.
There was :so public comment.
Motion passed unanimously by roll call vote.
C-6 Ord. 1210-87 - Amend. KMC 23 - Pay Range Increase -
Legal Assistant
MOTION:
Councilwoman Monfor moved, seconded by Councilman
Measles, to adopt the ordinance.
There was no public comment.
Councilman Wise objected to the ordinance, explaining
the State and Borough are asking employees to take pay
cuts because we gave money away (in the past). The
question is what is the job market and what can we get
for what we offer. Councilman Ackerly noted you get
what you pay for. Councilwoman Monfor added, we are
not increasing anything, we are taking from the
Attorney budget and putting in a different place.
Mayor Williams explained, we are taking work given out
as Professional Services and doing it in-house.
VOTE (Passed):
Yes: Williams, Ackerly, McComsey, Measles, Monfor
No: Wise
C-7 Res. 87-21 - Participating in Flood Insurance Program
MOTION:
Councilman Measles moved, seconded by Councilwoman
Monfor, to adopt the resolution.
There was no public comment.
MOTION, Table:
Councilman Measles moved, seconded by Councilwoman
Monfor, to table the resolution till after Planning &
Zoning review.
VOTE (Passed):
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KENAI CITY COUNCIL
MAY 20, 1987
Page 6
Yes: Wise, Williams, Measles, Monfor
No: Ackerly, McComsey
C-9 Res. 87-26 - AcceptIng 3rant for Independent Living
Program - $161,500
MOTION:
Councilwoman Monfor moved, seconded by Councilman
Measles, to adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-10 Res. 87-27 - Transfer Federal Revenue Sharing -
Bicentennial Constitution Committee - $1,800
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Monfor, to adopt the resolution.
There was no public comment.
Councilwoman Monfor noted the resolution states funds
are available because City Hall repairs were not
incurred. Finance Director Brown explained, this was
carpeting and painting. Councilwoman Monfor asked if
there is enough to do the carpeting. She noted the
City Manager had asked that the carpeting and painting
be put on hold. City Manager Brighton explained there
are some extenuating circumstances.
MOTION, Table:
Councilman Measles moved, seconded by Councilwoman
Monfor, to table the resolution till the City Manager's
report.
Motion passed by unanimous consent.
C-11 Res. 87-28 - Setting of Fair Market Value for Return on
Lease of City Lands
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Monfor, to adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
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KENAI CITY COUNCIL
MAY 20, 1987
Page 7
C-12 Res. 87-29 - Awarding Contract for Two Police Cars -
Hutchings Chevrolet
MOTION:
Councilman Ackorly moved, seconded by Councilman
Measles, to adopt the resolution.
There was no public comment.
Councilwoman Monfor said for the $113 difference, she
would like to keep this in Kenai. Police Chief Ross
explained, he made the recommendation on the basis of
low bid. He noted, neither bidder can guarantee cost
because of new car costs. It may be back before
it
>' Council. Councilman Wise noted the word substan-tially
=. conforms." The memo says neither bid meets specs.
Atty. Rogers explained, the defects have been waived by
Public Works. He added, if Council is going to bid
' other than bid specs as low bid, he advised they throw
out and re -bid without those they intend to delete. It
would be better served to give preference in initiating
the bid specs. Councilman Ackerly said if the price
x
will be different in 6 months, we could throw out the
nx-r bids and do later. Atty. Rogers explained the
appropriation is for the amount of the bid. City
Manager Brighton added, Administration is trying to
;.> commit the funds in the 86-87 budget -,-which will expire
June 30. If Council awards this, the money will be
committed. If the figures come in different, they were
not responsive anyway. Administration did not want to
put the money in the new budget for cars.
rr � VOTE (Passed):
.,, Yes: Wise, Ackerly, McComseY. Measles
" No: Williams, Monfor
C-13 Res. 87-30 - Supporting Air National Guard Unit in
Kenai
MOTION:
Councilman Ackerly moved, seconded by
McComsey, to adopt the resolution.
PUBLIC COMMENT:
a.
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Councilman
Vesta Leigh, Box 905, Kenai. She noted the
resolution says the citizens have accepted the
proposal. Was this accepted from the Air Force?
Mayor Williams replied the City, in attempting to
expand the economic base, is going out in all
areas. There is a unit in Elmendorf, they are
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KENAI CITY COUNCIL
MY 20, 1987
Page 8
trying to abandon the Air Rescue wing. We feel
strongll there should be one here. We feel it
should be transferred to the Air National Guard
and transferred to Kenai. It would be 200
additional jobs. we have sufficient acreage. It
would have three C-130's and 3-6 helicopters. Ms.
Leigh asked if it would mean money going into
re-alligning the runway? Mayor Williams replied
no, the 64 acres would be for the end of the
runway on the right side and would utilize the.
Existing runway. Ms. Leigh noted the 2nd
paragraph in Col. Lindemuth's letter regarding 200
full time and 300 guardsmen. She did not think
that was so, they are military men who already
have jobs. She has been living here a long time.
Money will come in and some will benefit. The
noise involved would affect the quality of life
for many people. She did not want to see the
State without coverage, but she would beg the
citizens to consider this. Quantity does not
override quality. The decision will affect many
people, 1/2 will not know till it is too late.
Is the money really going to come down here and
will it benefit the City? We should do testing
for noise pollution.
Motion passed by unanimous consent.
C-14 Res. 87-31 - Awarding Bid, Water Storage Tank Repairs-
$9,785
MOTION:
Councilwoman Monfor moved, seconded by Councilman
Measles, to adopt the resolution.
There was no public comment.
Councilwoman Monfor asked, who is Remington Corp.?
Public Works Director Kornelis replied, it is out of
Anchorage. He added, Administration will be watching
them.
Motion passed by unanimous consent.
C-15 Res. 87-32 - Transf. of Funds - Airport Safety Zone,
GAA Tiedown, Taxiway Improvements Inspection - $2,500
MOTION:
Councilman Measles moved, seconded by Counc
Monfor, to adopt the resolution.
There was no public comment.
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KENAI CITY COUNCIL
MAY 20, 1987
Page 9
Councilman Ackerly said he did not see how spending
$1o,000 would stop the wind from turning planes over.
He noted the engineer recommended against it. Airport
Manager Ernst explained, the proposal was drafted by
the Airport Commission. Councilwoman Bailie had talked
to an FBO person who recommended the study regarding
this. An 8 ft. berm will deflect wind. The height
will not be enough for 500 ft. area. We have
occasional winds of 33 knots from the north that did
damage aircraft. We have tail to tail parking
situation. He did not know of any other airport that
has this. If aircrafts are tied down, that is taking
proper precaution. The work has not been done.
Councilman Wise asked about the mound north of the
parking area. Mr. Ernst replied they have not brought
any soil in. They have dug out the apron to put in
proper material. Councilman Wise suggested putting in
a concrete block wall with holes for a sieve action.
Bruce Robson, McLane Engrg. They considered different
forms of barricades. They will deflect wind for a
duration, but he did not know for how long. They did
t,ot do a study, it would be too expensive. A high berm
would cut vision. City Manager Brighton noted we have
had planes at CAP for a long time, it has not been a
problem.
mom' VOTE (Failed) :
Motion failed unanimously by roll call vote.
C-15a Approval, Engineering Change Order $2
=fir Mayor Williams explained a portion of the work was done
:. ($550). The study was prepared as requested by
Councilwoman Bailie. We have an obligation to pay, it
is under $1,000.
MOTION:
Councilman Measles moved, seconded by Councilman
McComsey, to pay the $550.
City Manager Brighton noted, under this set of
circumstances, any council member could direct any
company to do what they want and it will automatically
be paid. Mayor Williams explained, Councilwoman Bailie
did this in front of Council.
Motion passed by unanimous consent.
D. COMMISSION/COMMITTEE REPORTS
D-1 Planning & Zoning
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MAI CITY COUNCIL
• MAY 20, 1987
Page 10
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None
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D-2 Harbor Commission
.
Harbor Commission Chairman Quesnel reviewed the dock
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facility. They are on schedule, they put out bids for
Stations #2 & #3 for lease. They have had replies but
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no bids. Public Works Director Rornelis explained, the
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only comment he received was some said they were too
,fir
busy to bid. He had a call from one who is a cash
buyer. He will have 2 proposals, one for the dock and
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one for poundage over the dock. He will discuss at the
next Harbor Commission meeting and then report to
Council.
D-3 Recreation Commi€sion
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Recreation Director McGillivray reported minutes of the
yam.
last
meeting were passed out this date.
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a.
Little League has 26 teams, softball has an
unknown number of teams, the Umpires' Inritational
will be this week end (15-16 teams). There will
be 8 tournaments this summer for softball, 16-30
=�,"•4
teams each.
F,
b.
The City has been using Sears school during the
summers, he did not know if we can use it this
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year.
C.
The ground breaking ceremony for the Veterans
Memorial was last Saturday. Bids on the Memorial
Park are due June 11.
d.
Councilman Wise said P&Z will be discussing the
,mot'
use of campers. He suggested Mr. McGillivray
review the ordinance, refer to caravans and allow
for parking.
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D-4 Library Commission
":.. ..
None
D-5 Council on Aging
Councilwoman Monfor reported they discussed lost
revenues and efforts to off -set losses. A good number
of seniors are involved. The new van with the wheel
chair is almost ready to use.
D-6 Airport Commission
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KENAI CITY COUNCIL
• MAY 20, 1987
Page 11
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Mayor Williams noted the letter regarding the USS
Alaska. (Item D-6) They may be there as long as 2
weeks.
Councilman Wise said they want to review the ASK*
marketing proposal. Council agreed to review the
proposal.
D-7 Misc. Comm/Comm
None
ADDED ITEM:
E.
Mayor Williams asked that copies of the 5-6-87 Council
meeting be sent to all high school students that
participated in Student Government Day.
MINUTES
E-1 Regular Meeting, May 6, 1987
Approved by Consent Agenda.
F. CORRESPONDENCE
F-1
F-2
F-3
F-4
F-5
F-6
F-7
F-8
F-9
KCHS - Student Government Day (Thanks)
Approved by Consent Agenda.
Jackie Oberg - Volunteer Reception (Thanks)
Councilman Ackerly noted the reception went well.
Gov. Cowper's Office, Ray Price - Transfer State Roads
to Local Municipalities
Sen. Fischer - Transfer State Roads to Local
Municipalities
Anchorage Fiscal Officer, Barbara Steckel - Revenue
Sharing Special Appeal
Woodard Const. - FSS Station
Cooperative Extension Service - Plant Test Site
Sen. Hensley - SB-188 - State Fisheries Management
Sen. Murkowski - Air Guard Unit in Kenai
Approved by Consent Agenda.
F-10 DEC - Application for Wastewater Disposal Permit -
Seafood Processing Wastewater
City Manager Brighton explained, this is not in Kenai
but in Kasilof.
F-2 (contd) Mayor Williams expressed appreciation for the
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KENAI CITY COUNCIL
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_..:......._ Nr'``, Page 12
letter from the Mrs. Oberg.
G. OLD BUSINESS
None
H. NEW BUSINESS
F
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
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Councilman Measles 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, Amendment:
Councilman Ackerly moved, seconded by Councilman
Measles, to amend the requisitions to add the PO for
the scale and high press washer as submitted this date.
VOTE, Amendment:
Motion passed by unanimous consent.
VOTE, Main Motion as Amended:
Motion passed by unanimous consent.
H-3 Ord. 1211-87 - Adopting Budget - FY 87/88
H-4 Ord. 1212-87 - Amend. KMC 23 - Allowing Employment of
Persons not U.S. Citizens, but Otherwise Eligible to
Work
Approved by Consent Agenda.
H-5 Ord. 1213-87 - Rezoning Dena'Ina Pt. S/D
MOTION:
Councilwoman Monfor moved, seconded by Councilman
Measles, to introduce the ordinance.
Councilwoman Monfor noted when we first discussed
Section 36, we decided it would be suburban
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KENAI CITY COUNCIL
• MAY 20, 1987
Page 13
residential. Also, she had been led to believe one of
the reasons for rezoning is for development of a hotel.
She would like to know the plans, time frame, etc. when
it comes up for discussion.
Sam McLane, McLane Surveying, representing the owner
Royce Roberts. He will have comments at the public
hearing. During the public hearing at P&Z, he
mentioned a hotel of King Oscar size, that is all he
knows. It was just for specifics, the owner has no
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immediate plans for construction.
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Councilman Wise said both comprehensive plans do not
encourage "Spenard -Type" development. It has an
advantage to the City in that it would up -grade the
value of the land. But he is afraid it would encourage
highway frontage through town. Councilman Ackerly said
s'
Kenai has spread -out development. It is hard to
identify the core of the City. With this we will
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segment even further. This was intended as residential
with low and medium density. Councilman Wise suggested
Administration prepare a map of the City showing
commercial zones from E. Kenai through town as well as
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Larry's Club and beyond Spenard Builders. Mayor
Williams noted the propensity for change in housing is
so great, if we could develop as general commercial it
may alter our thinking a little. Land has been
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purchased at 10% before, what is the balance due?
Finance Director Brown replied he did not know.
Councilman Wise noted the terms do not permit deeds of
release. Mayor Williams said if a parcel is zoned
=
commercial, it will not be necessary. He asked how
_-
much land is owned by many people? Councilman Wise
replied it has one owner. Mayor Williams asked, is he
requesting it all be re -zoned? Councilman Wise
replied, he will request part of it only. Mayor
Williams asked that a member of P&Z attend the public
hearing.
t ,...
VOTE (Failed):
Yes: Williams, Measles, Monfor
No: Wise, Ackerly, McComsey
Tie vote fails.
H-7 Disc. - Security System - FSS
Mayor Williams asked that this item be deleted
agenda.
H-8 Disc. - Agreement - Kenai Borough & City - Community
Schools
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KENAI CITY COUNCIL
MAY 20, 1987
Page 14
City Manager Brighton explained, a representative from
the schools came to City Hall one year ago requesting
the City fund a person in adult education classes. The
City said no. He came back again with a proposal, they
would provide money if the City would provide an
employee. There is nothing in the agreement that
Recreation Director McGillivray is not now providing.
If Council accepts, we are opening a door wide.
Teachers are saying the schools are in need of
donations from the City to keep the pools open this
summer. The schools have a problem, but so does the
City. If we agree to the contract, this person becomes
an employee. Recreation Director McGillivray noted the
contract is not written in stone. There are some
things not listed, specifically the money involved.
Dave McCard, Lead Coordinator, Community Schools.
Although the State grant has been cut, they feel they
will have enough money for Community Schools and fund
for the City. The dollar amounts were not specific,
but they wanted a 50-50 match. The school district
zeroed them out Monday (5-4-87), but they will receive
moneys from the State. They will have $20,000 to
$22,000 here. The City would match that for 1/2 salary
and benefits. If there is a shortfall it would be made
up with user fees. That is how they operate
Borough -wide. If we can bring the District and the
City together on this, 30-35 ten week classes in the
City will serve 2,000 people. Only the high schools
will be open, all others will be closed. He did not
think they will close for extra activities and then
open for men's basketball. City Manager Brighton noted
the contract does not say 50-50. Mr. McCard replied he
had meant to put that in. Mayor Williams asked, what
is Soldotna doing? Mr. McCard replied, they have
bought in, so has Homer, on a 50-50 basis. 5 entities
have agreed. The City will have an employee of record.
Mayor Williams asked if their activities would take 2nd
place to City activities? (#9) Mr. McCard replied no.
Mayor Williams noted if this is included in the budget,
our budget will have to be changed. City Manager
Brighton asked if Soldotna has its own recreation
program. Mr. McCard replied no. City Manager Brighton
noted they buy into the school program to provide
recreation. Councilman McComsey asked, if we go 1/2,
will the schools be open? Mr. McCard replied, there
have been several offers by principals that we will
close the schools. He has drafted a letter to D.
Daggett, Assoc. Supt. Instructional Services, saying we
are punishing the public. He has proposed a fee
schedule for use fees. Councilman McComsey asked, that
would put custodians in and open the doors? Mr. McCard
replied yes, the extra funding would be for student
activities. Councilwoman Monfor noted a lot of this
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KENAI CITY COUNCIL
MAY 20, 1987
Page 15
could be made up in user fees, this has been a
successful program. Mayor Williams noted the
house -building program is being eliminated because of
funding. We are taking cuts in all areas. Recreation
Director McGillivray said this would eliminate one of
our summer people. It would not affect the Recreation
Center. They would work in the school rather than the
center. They are asking for $20,000•-$22,000. Our
people working in Parks & Rec would be making much less
that what this person would be paid. Mayor Williams
noted he has been pushing for a summer youth program.
We will have a maximum of 10, $300,000 has been cut.
None will be assigned to Recreation. Councilman Wise
said the Community Schools program has been a success.
We do not know what has been done with the State or the
School Board budgets. He suggested Administration
research this and report at the June 3 meeting when we
adopt the budget. Councilwoman Monfor suggested a user
fee schedule be prepared to show if it will be self
supporting. Mr. McCard noted last year in Soldotna
user fees brought in $32,000. Councilman Ackerly
suggested working out a compromise regarding the
difference in pay scales. Mr. McCard noted Community
Schools is priority #1. There is no fee charged, if it
is open on the week end we pay custodial fees. With a
coordinator there, there would be no custodial costs.
H-9 Sale of Land to TEMT Alaska, Inc. (Kambe Theatre) -
Alyeska S/D
Atty. Rogers reviewed his memo in the packet. He
explained Council has, when there is equity, agreed to
second position. There is $921,000 value here, there
is an equity window. His position is the City should
not be in 2nd or 3rd position. He distributed a memo
regarding the subject. Mayor Williams noted we are in
critical economic times. His concern is, as the future
progresses, the City will become more in position of
2nd position to protect its assets. The problem we
face is, in wanting to see the City grow we have taken
2nd position. In the situation we have now, we are
having to protect ourselves or take no position. Atty.
Rogers said we have the representation of the
purchasers regarding encumbrances, he has no other
substantiation than their letter. Councilman Ackerly
asked if the sale is going ahead. If we tell them to
refinance or get a bank to subordinate their position,
that is unlikely. Mayor Williams asked if there were a
number of properties in this position. Answer - yes.
Mayor Williams suggested an executive session. Atty.
Rogers explained, he did not advise this. Councilman
Wise suggested an annual report of TEMT to determine
the ability of the firm to carry the note. Atty.
Rogers replied he has not allowed a corporate entity to
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KENAI CITY COUNCIL
• MAY 20, 1987
Page 16
sign without individual signatures. The only reason we
have looked into corporate entity status was leasing.
Then we used a 10-K form. He advised against reviewing
the financial solvency of a business. Mayor Williams
asked if there is a 3rd lien. Admin. Asst. Gerstlauer
said she has received a litigation report. This is all
the liens. It will be paid in 1990. We do not know if
he will subordinate. Mayor Williams said a private
individual holds 1st lien, it has $700,000 assessed
value and $500,000 equity. He suggested speaking to
Mr. Fletcher to switch positions if it is not a bank.
Admin. Asst. Gerstlauer noted the appraisal expires in
early June. Atty. Rogers said if a delay is incumbent
on us, we may be able to work our appraisal, we have
done this in the past.
Council agreed to swap with Mr. Fletcher.
I. ADMINISTRATION REPORTS
I-1 City Manager
City Manager Brighton spoke.
ITEM C-10 Res. 87-27 - Bicentennial Constitution Committee
He explained there are problems with this. The $1,800
was to buy materials at the high school. School is
out, the seniors are gone, the co-chairman is gone and
it may cost more to finish. Clerk Whelan explained Mr.
Koerber had to leave the State for a funeral and the
work was not started before he left. Councilman
Ackerly added the school did not have the documents
needed to do the work. He suggested having the
prisoners do the work. Mayor Williams suggested
leaving the item tabled till we find out where we are.
Councilwoman Monfor asked about the City Hall repairs.
They should be done before they become worse. Finance
Director Brown said there is plenty left for carpeting.
ITEM H-5 Ord. 1213-87 - Rezoning Dena'Ina Pt. S/D
MOTION, Reconsideration:
Councilman Ackerly moved, seconded by Councilman
McComsey, for immediate reconsideration of introduction
of Ord. 1213-87, for the purpose of ensuring a public
hearing.
VOTE, Reconsideration:
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL
MAY 20, 1987
Page 17
VOTE, Introduction (Passed):
yes-. Williams, Ackerly, McComsey, Measles, Monfor
No: Wise
ITEM C-10 Res. 87-27 - Bicentennial Constitution Committee
MOTION, Bring Back to Table:
Councilwoman Monfor moved, seconded by Councilman
Ackerly, to bring Res. 87-27 back to the table.
Motion passed by unanimous consent.
MOTION, Adopt:
Councilwoman Monfor moved, seconded by Councilman
Measles, to adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
I-2 Attorney
Atty. Rogers spoke.
a.
b.
C.
d.
Regarding SB-155, Utility Relocation bill in
Alaska Senate. (Item I-2) The hearings have been
postponed to next year.
Kenai vs PUC. It has been remanded to Superior
Court. We have the right not to appear but have
the ability to challenge the rule. He will need
to re -write the brief. It will be 30 days till we
hear from the court, several months before we
know. Councilman Wise asked if we can expect
Superior Court decision before Legislature
convenes in January? Atty. Rogers replied yes,
the losing party will appeal. Councilman Ackerly
expressed appreciation to the lobbyist and
attorney for their work. Atty. Rogers noted this
is the 5th time it has been there. Both bills
will be up next year. He•will speak at AML about
this. Palmer, Kotzebue, Soldotna, Juneau and
(maybe) Anchorage - there may be others - will
join us. Councilman Wise asked if there was any
hope of getting Soldotna to document their
situation and join in. Atty. Rogers replied he
did not think so, they have contract legal
services and pay by the hour. He will ask.
Regarding the Burnett/golf course situation. He
reviewed the material in the packet. (item I-2)
Regarding the golf course RFP, #2. On April 3,
1985, Council supported the golf course. Council
KENAI CITY COUNCIL
• MAY 20, 1987
Page 18
may wish to offer a first to Mr. Morgan for
expansion of the course, if he doesn't want to
exercise lot right of refusal. He has an RFP
ready to submit. Councilwoman Monfor asked, Mr.
Morgan has lot right of refusal? Atty. Rogers
replied, he does. If Council tells him to proceed
by making the property available for expansion of
the golf course or gulf course facilities it will
be made available pursuant to the terms of the
draft.
MOTION:
Councilwoman Monfor moved, seconded by Councilman
McComsey, to make the property available for the golf
course with similar terms and circumstances as the lot
proposal.
Atty. Rogers noted if he does not accept, we have
an RFP prepared.
VOTE (Passed):
Yes: Williams, Ackerly, McComsey, Measles, Monfor
No: wise
I-3 Mayor
Mayor Williams spoke.
a. He welcomed City Manager Brighton back from
vacation.
b. The Peninsula Oilers have asked if we wish to
place an ad in their yearbook. Council agreed to
place a letter in the book, at no charge.
c. Sundog Photography needs some up -front cash to
complete their work. They are asking for $4,000.
MOTION:
Councilwoman Monfor moved, seconded by Councilman
Ackerly, to give $4,000 to proceed with the book we
have approved.
Atty. Rogers explained the presentation was we would
have unfettered discretion whether to accept. If
Council makes partial payment, it will have to be
returned. (If it not satisfactory) Councilwoman Monfor
replied it was approved in a work session. If the
finished product is not good, we can reject it. It
will be published in Kenai. Councilman wise suggested
it be paid jointly to the printing firm and Sundog.
Atty. Rogers said it is not in the contract. Finance
Director Brown said he did not see why we should do
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KBNAI CITY COUNCIL
• MAY 20, 1987
Page 19
this any different. You cannot analyze how you set up
an accounting procedure. Mayor Williams noted the
printer needs up -front money. Finance Director Brown
replied, that is their problem. Councilwoman Monfor
stated it is our problem, it will not be out on the
streets. City Manager Brighton noted if we treat them
differently, Council should remember there were others
that bid.
MOTION, Amendment:
Councilman wise moved to amend the motion to state this
is an exception to policy in order to promote local
business.
Councilman Measles asked, how does the contract read?
Mr. Brown replied, we have no contract. If we did, it
would spell out completion, etc. This is a simple PO
to provide a product. We can make partial payment if
we receive part of the product. There is nothing to
make partial payment on. Councilman Ackerly asked, why
don't we have a contract? Atty. Rogers replied,
because the representation was they would have
unfettered agreement that the City would approve before
payment.
Motion failed for lack of a second.
VOTE (Passed):
Yes: Wise, Williams, Ackerly, Measles, Monfor
No: McComsey
d. He attended the last part of the Legislative
session. He felt it was a very strange session.
e. He worked with Neil Johannsen, Director, Parks &
Recreation, regarding the Kenai River viewing
area. They tried to get engineering money, but
were not able to. At the next Legislative
session, they should set in motion a clear line of
Legislative action to be taken.
f. HB-225, Citations for Vehicle & Traffic Offenses
bill, went through without a hitch. The City
Clerk and Police Chief had objected to this.
g. The resolution for Independent Living Program
passed this date. (Res. 87-26) Regarding the
closure of the Middle School, in conjunction with
this. He had suggested using that school for the
Independent Living facility. He suggested Council
review this when we get Federal funds. We have
had discussions in the past with Lutheran Health
Care people. Councilwoman Monfor suggested Mayor
Williams and Council write letters to the School
Board objecting to closure of the school without
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RENAI CITY COUNCIL
• MAY 20, 1987
Page 20
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consulting the City. Also, a letter to Borough
Mayor Thompson that if they close the school, we
would like to have it. It should not sit empty
for years to come. She did not know the
ramifications of the asbestos problem. Supt.
Pomeroy has said he felt we will need it in the
future. If they give it to us, they will have to
float a bond to build a new school. The new
school will be overcrowded when it opens. The
school belongs to the Borough, not the School
District. Once it closes, grandfather rights
would require the asbestos be removed. Mayor
Williams asked Architect Gintoli if the asbestos
removal had been considered. Mr. Gintoli replied
he does not know if there is any in there.
Council agreed to send the letters to the Borough and
the School District.
Councilman Wise suggested the letter state if they
persist in closing the school, they should deed it
back to the City.
h. He will host a visit of the Japanese Consul
5-22-87. They will tour fishing plants and
chemical plants. This is the new consulate. He
met him at the Emperor's birthday celebration in
Anchorage. He invited Council to attend lunch
with him.
i. He had a meeting with Gov. Cowper for an hour to
discuss the Air National Guard Unit. The Governor
is interested in helping. U.S. Sen. Nunn is
willing to help and will intervene. He will be
meeting again June 5 through 7.
j. The City is 27 years old this month. He noted one
of the original eigners of the Charter - Dick
Morgan - is in the audience.
I-4 City Clerk
Clerk Whelan spoke.
a. The proposed changes in the ABC regulations are in
the packet. (Item I-4) Any comments have to be
submitted by June 17, 1987.
b. In the past, Council has had an annual review with
the City Manager, Attorney and Clerk. She asked
that Council schedule a work session.
C. Councilwoman Monfor noted we will have to have a
special meeting to keep Councilman Ackerly on the
Council. Atty. Rogers noted he sent a memo to
Councilman Ackerly and Councilwoman Bailie
regarding this. The Charter states they cannot
hold office if they miss 1/2 of the meetings in a
3 month period. They could be re -appointed.
1.�
YmAI CITY COUNCIL
MAY 20, 1987
Page 21
Mayor Williams added he could appoint Councilwoman
Bailie as she is up for re-election in the Fall,
but Councilman Ackerly is not.
Mayor Williams scheduled a special meeting for May 22,
1987 at 5:15 PM, to discuss the budget and Community
Schools and the effect on the budget.
Mayor Villiams scheduled a special meeting for May 27,
1987 at 7:00 PM, agenda to be prepared.
I-5 Finance Director
None
I-6 Public Works Director
None
1-7 Airport Manager
None
H. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Father Targonsky, Russian Orthodox Church.
Regarding the ABC regulation changes. (Item I-4)
Council should not be discouraged if ABC does not
follow their recommendations. We should continue
the battle. He suggested we get a full copy of
the proposed changes. He suggested we should keep
the control here in the community and not be ruled
by the State. If we do not have input, there will
be more regulations. He asked that the City
contact ABC for a copy of the changes. Council
agreed to the request.
b. Councilman Measles noted the Sale of Land to TEXT
Alaska, Inc. (Item H-9) He does not want the City
to operate a theatre, but with the numbers we are
looking at and the person who is lienholder, it
would be in the best interests of the City to go
ahead as is, leave Mr. Fletcher in lot position.
He will repossess if there is a problem, he would
operate. The City would then resume lot position.
Atty. Rogers said as junior lienholder we can step
in and pay off first to preserve our indebtedness.
We may have to pay off first. There is more
equity in this than in other similar instances.
He suggested we have individual sureties sign, if
the corporation disappears we have insurance to
pursue if the corporation closes.
MOTION:
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KENAI CITY COUNCIL
MAY 20, 1987
Page 22
Councilman Measles moved, seconded by Councilwoman
Monfor, to pursue the sale of this property.
Motion passed by unanimous voice vote.
c. Councilwoman Monfor said the reception for
volunteers was well done and well attended. She
hopes we do it in the future.
d. Councilwoman Monfor asked that we go out to bid
for carpet before June 30, at least upstairs in
City Hall. We should do the painting at the same
time.
e. City Manager Brighton said, discussing the City
disposing of surface water for the Borough, what
is a reasonable price to ask the Borough to
dispose of the water? Atty. Rogers said he will
propose exceptions to Code that it be by
consideration of Council.
f. City Manager Brighton noted the land transfer for
ballfields. (Item Info #1) The Borough is not
giving consideration to the request. Mayor
Williams noted they have 1 Million gallons of
water to get rid of. Councilman Wise suggested
cash or in -kind. Councilwoman Monfor suggested
City Manager Brighton explore this before the May
27 meeting. She asked, what is the difference
between the Kenai River and the mouth of the Kenai
River? Mr. Brighton replied, there is a
difference. Councilwoman Monfor asked, will we
take the heat from putting it in the mouth of the
river? Mr. Brighton replied no, they are in a
real bind. Councilman Wise said any proposal we
make, we are interested in protecting our citizens
from excessive tax rates. Mayor Williams noted
there is provision in the Code for disposing of
waste sites. Councilman Ackerly said the options
are:
$100,000 charge
20 acre trade-off
Kenai Elementary building transfer
Develop land fill into recreation site
Their suggestion
Mayor Williams noted $3-1/2 Million for solid
waste disposal is the Borough's #1 priority.
Councilman Ackerly suggested they make the #1
priority the up -grade of Spur. Mayor Williams
replied $12 Million for that is in the budget.
ADJOURNMENT:
Meeting adjourned at 11:50 PM.
� APPROVED BY COUNCIL
Janet an, City Clerk Din C"n CLL�K
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KENAI CITY COUNCIL, MAY 20, 1987
REGULAR COUNCIL MEETING
PARTIAL TRANSLATION
I. ATTORNEY'S REPORT
I-2
MOTION:
Councilwoman Monfor moved to make it available.
Atty. Rogers: If he does not accept it, then we have
an RFP. I don't know who would build a 9 hole golf
course next to a 9 hole golf course. That's where we
are at.
Councilman McComsey seconded the motion.
Mayor Williams: It's been moved and seconded that Mr.
Morgan be given the 1st right of refusal.
Atty. Rogers: All you need to do is move to make the
property available for the golf course there that
similar terms and circumstances as the 1st parcel.
Mayor Williams: That was so moved by Councilwoman
Monfor and seconded by Councilman McComsey. Any
further discussion?
,�
wise, no. Williams, yes. Ackerly, yes. McComsey,
yes. Measles, yes. Monfor, yes.
1I�
Janet Whelan
City Clerk
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