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HomeMy WebLinkAbout1987-06-03 Council Minutesr"4,'T,iLOTNs' �k AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 3, 1987 7:40 PM v[ 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. xs' There will be no separate discussion of these items unless a Council member so requests, in s. J which case the item will be removed from the its -` Consent Agenda and considerad in normal ,. sequence on the agenda as part of the General orders. F B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Dave/Mary Anderson - Cook Inlet View Dr. -Sewer Hook -Ups 2. Dick Morgan - Golf Course C. PUBLIC HEARINGS 1. Ordinance 1211-87 - Adopting Annual Budget, s. 2. FY 87-88 Ordinance 1212-87 - Amending Kenai Municipal Code 23 - Allow Employment of Persons not U.S. Citizens but Otherwise Eligible to Work 3. Ordinance 1213-87 - Amending Zoning Map - Dena'Ina ' Pt S/D ra•. 4. Ordinance 1214-87 - Amending Zoning Map - Thompson S/D, Henderson Replat 5. Ordinance 1216-87 -Amending Kenai Municipal =. Code 17 - Disposal of waste Materials 6. Resolution 87-25 - Fixing Rate of Property Tax Levy - FY 87-88 - 2.7 Mills " err 7. Resolution 87-34 - Assessment Roll -Inlet Woods S/D 8. Resolution 87-35 - Awarding Contract - Construction, Juliussen, Ames, Basin View, Angler, Barabara - Oetco - $475,788.10 K_.., . 9. Resolution 87-36 - Prior Council Approval for Travel & Entertainment by Employees or Elected Officials, Prerequisite for Reimbursement '"A D. COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning L �- L Cal y 1 L 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Airport Commission 7. Misc. Caron/Comm E. MINUTES 1. *Regular Meeting, May 20, 1987 2. *Special Meeting, May 22, 1967 3. *Special Meeting, May 27, 1987 F. CORRESPONDENCE 1. 2. 3. 4. 5. *Sen. Murkowski - Air Guard Wing *Natl. League of Cities - Report *Rep. Navarre - Closure of Legislative Information Office *Rep. Swackhammer - Closure of Legislative Information Office *Sen. Stevens - Air Guard Wing G. OLD BUSINESS H. NEW BUSINESS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Bills to be Paid, Bills to be Ratified Requisitions Exceeding $1,000 Ordinance 1215-87 - Rescind Ord. 870-83 - Public Easement - Candlelight Dr. Ext. *Ordinance 1219-87 - Recreational Vehicle Ordinance *Ordinance 1218 - 87 - Increasing Rev/Appns - Senior Day Care Fund - $1,850 *Ordinance 1217 - 87 - Increasing Rev/Appns - Senior Citizens, Title III Fund - $2,600 Discussion - Kenai Borough - Examine Alternative Sources to Current Revenue Means within Borough - Task Force, Representative from City Discussion - Health Insurance (Move to C-1, Requested by Finance Dept.) Delete Assignment of Lease - Uptown Motel Discussion - Community Schools Agreement I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Public Works Director L 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO HE HEARD AWODURNMENT A In L L O KEHAI CITY COUNCIL - REGULAR MEETING - MINUTES JUNE 3, 1967 - 700 PM KENAI CITr HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE O? ALLEGIANCE A. ROLL CALL Present: Sally Bailie, Art McCcrosey, Ray Measles, Chris Monfor, John Wise, John William Absent: Tam Ackerly (excused) Mayor Williams recognised Howard Beck, Eagle Scout candidate, in the audience. A-1 Agenda Approval a. Mayor Williams asked that item B-2 (Dick Morgan) be deleted. b. Mayor Williams asked that item H-8 (Health Insurance) and H-11 (Community Schools) be placed before item C-1 (FY Budget). C. Mayor Williams noted item C-8 (Res. 87-35), the name is Oteco. d. Mayor Williams asked that item C-9 (Res. 87-36) be added to the June 8 work session. e. Mayor Williams said items E-2 and E-3 (minutes) were distributed this date and can be removed from the Consent Agenda if Council wishes. f. Mayor Williams asked that item H-3 (Ord. 1215-87) be added to the Consent Agenda. Councilman Wise objected to placing item H-3 on the Consent Agenda. Mayor Williams explained, there is no public hearing this date. The City is in litigation regarding this, there should not be a discussion. g• Mayor Williams asked dathat item H-4 (Ord. 1219-87) be removed the h. Mayor Williams said item H-6 (Ord. 1217-87) has mechanical corrections that will be made before public hearing June 17. Councilman Measles objected to removal of item C-9 (Res. 87-36) from the agenda. Council approved the agenda as amended. A-2 Consent Agenda MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to approve the agenda as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Dave/Mary Anderson - Cook Inlet View Dr. - Sewer Hook -Ups Dave Anderson, 2813 Cook Inlet View Dr., Kenai. 4 weeks ago he tried to hook into the City sewer system. When they dug out for the sewer line, they found the sewer line was too high to hook up to. Mrs. Anderson talked to Public works Director Kornelis, he told her L KWAI CITY COUNCIL J UMS 3 , 4.907 PAGE 2 L there was nothing they could do about it. The contractor said in order to hook up, they would have to have a lift. He contacted an attorney who said they could fight this thing to get the City to pay for it. It would cost several thousand dollars to dig up the street. He asked that the City pay for the lift. There is a City ordinance that says if the sewer line is available, they have to hook up. if the line had been put in correctly, it would only cost them $1,400 to $2,000. it is the City's responsibility to make up the difference. They don't mind paying for the electricity an4 maintenance. Councilman Wise suggested this be discussed at the June 8 work session. He asked if there were any other property owners involved. Mr. Kornelis explained, the Anderson are at the end of the line. They have a lower level in their 4-plex, below street level. There is a drainage problem. They are at the highest and of the line. He did not think there was an engineering error. The only alternative is a lift station. it would be cheaper to have an individual residential pump station. it has been done in the City before. Councilman Mccomsey noted he has the same problem. Council agreed to add the item to the work session. Mr. Anderson said he is approximately 120 yards from where the sewer begins. There is a 4-plex next to him, the contractor feels it will be affected. Atty. Rogers noted he has not been contacted by Mr. Anderson's attorney. Mr. Anderson explained he has not made a claim. City Manager Brighton suggested Mr. Kornelis check the other residences on the line to see how many problem areas there are. C. PUBLIC HEARINGS H-8 Disc. - Health Insurance Mayor Williams reviewed Finance Director Brown's memo. He noted the suggested plan is within the budget. At a base of 73 employees it would be $314 per month per employee. With 9 part time employees, it will work out to $280 per month per employee. Is is mid -range of all, is $100 deductible. Councilwoman Monfor said she preferred the $200 deductible. The difference between $275,000 and $262,000 is a savings that warrants the higher cost. Councilman Wise said the savings would mean $13 per employee per month. Councilman Measles said he agreed with Councilwoman Monfor, most health insurance plans have gone to a larger deduction and/or larger premiums. Mayor Williams noted it would be $600 per family, $200 deductible. Finance Director Brown explained, the employee pays the first 20% or the first L L VVWhT f`TTV t"nTMPTT. • JUNE 3, 1987 PAGE 3 $3,000 per family members, it is not capped at 3 people. Mayor Williams noted the City employees have gone 2 years without a raise. There has been an adjustment on the retirement schedule for a greater cost to the employee. We are trying to hold costs when we can, but he believed we can give them the benefit of $13 per month premium. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Sailie, to adopt the Blue Cross plan #7 with $200 deductible for 1987/88 year. VOTE (Passed): Yes: Bailie, McComsey, Measles, Monfor, Wise No: Williams H-11 Disc. - Community Schools Agreement Mayor Williams noted a new agreement was distributed this date. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to donate $22,000 to the Community School Program, Kenai School District, on the basis that they received their funding from the State. Councilwoman Monfor added, if they do not receive their funding, we will not donate. It will be good for one year. Councilman Wise asked, what about the revenue generated during operation of the program? The plan was that the revenue would accrue to the City. If it is operated by the School District, the revenue would go to the School District. Councilwoman Monfor replied the revenue would go to the School District, but it will make money for the City and pay for itself. PUBLIC COMMENT: Dave McCard, Community Schools. In the past each site has had its own student activity account. The user fees go into this account. The moneys generated there stay there. What is raised in Kenai will be expended in Kenai, he guarantees that. Mayor Williams asked if there will be a public hearing. Councilwoman Monfor replied, it will be in the budget that there will be a public hearing. City Manager Brighton asked, was this an amendment to the budget? L tlt.Wt17 AT.tRI A/�tt.tAT• JUNE 3, 1987 PAGE 4 Councilwoman Monfor replied, it is going to be. Mr. Brighton noted the $22,000 will have to be appropriated from the fund balance. Finance Director Brown suggested, the motion should be made at the time the ordinance is brought up, as an amendment to the ordinance. MOTION, Witadraw: Councilwoman Monfor, with consent of second, withdrew her motion. C-1 Ord. 1211-87 - Adopting Annual Budget, FY 87/88 Mayor Williams reviewed the budget figures, a total of $5,577,549 with $200,000 in capital rese:-ves. MOTION: Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the ordinance. Mayor Williams reviewed Finance Director Brown's memo regarding changes in the preliminary budget. MOTION, Amendment: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to add $22,000 for an appropriation to Kenai Peninsula School District for Community Schools in the City of Kenai contingent on their receiving their money from the State; from the general fund operating budget. VOTE, Amendment (Failed): Yes: Bailie, Measles, Monfor No: McComsey, Wise, Williams Tie vote fails. MOTION, Amendment: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to increase non -departmental utilities $10,000 to Senior Center, utilities. Councilwoman Monfor explained, we don't know the amount of grants coming in to the Senior Center, but they will be less. The Senior Center is the only building we do not pay for. Councilman Wise said, only if it were agreed that as State and Borough funding moneys come available the funds will be transferred to cover this. It should not be non -departmental. Mayor Williams j suggested a letter of intent. Finance Director Brown L KRNAT CITY COUNCIL JUNE 3, 1987 PAGE 5 said we are increasing the general fund budget. We can bring an ordiannce back lamer if needed. City Manager Brighton asked Councilwoman Monfor if she thought there would be a $10,000 shortfall. Answer - no. Mr. Brighton noted in the past we have operated on the basis that this will be self-supporting. Councilwommn bailie said the Center served 988 seniors in 1985, it is up this year. It costs $6,000 per day for an individual at the Soldotna senior day care center, it costs ;81,000 for 12-13 seniors at the Forget -me -Not center in Kenai. Councilman wise said the relation between Heritage House and our Senior Center is not relevant. Councilwoman Bailie said we are getting more frail people in the community. Councilman Wise noted it is trick of "big brother" to start a program and give it to the City, then funding drops. They devour local government because we do not want to stop the program. VOTE, Amendment: Motion passed unanimously by roll call vote. MOTION, Amendment: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to take $2,000 from general fund for Senior Citizen transportation that has no transportation money. Councilwoman Monfor explained, this is so the Director can go to project leader's meetings, etc. and not have to pay out of pocket. Every department has money for meetings, this one does not. It is important to keep up with funding, etc. Councilwoman Bailie added, it is important to keep up with new things for the elderly. -= VOTE, Amendment: Motion passed unanimously by roll call vote. MOTION, Amendment: a s Councilwoman Bailie moved, seconded by Councilwoman =`4 Monfor, to delete $20,000 from the budget in travel for ...... -'; commissions; Economic Development, Harbor Commission, Airport. L Councilwoman Bailie explained, we have $24,000 available in the Legislative budget that can be used by Commissions and Council. That does not include department budgets. Other commissions do not have that much. Councilman Wise said, in discussing �i� -.:_71-T.NO KMAI CITY COUNCIL 3uNE 3, 1987 PAGE 6 appropriations, this was to re -ignite growth of the City. It is subject to review by Administration. We need funds to bring in activity such as tourism, commerce, airport activity. Councilwoman Bailie said she is in support of economic development, but we do not have to support $44,000 in travel. Mayor Williams noted during the June 8 work session, we will be looking at the Economic Development Committee. We spent $1.5 Million in FSS to develop the City. VOTE, Amendment (Failed): Yes: Bailie No: McComsey, Measles, Monfor, Wise, Williams PUBLIC COMMM: a. Ruby Coyle, Barabara Dr., Kenai. She asked what the mill levy will be. Answer - 2.7 mills. She commended the City for leaving the mill rate as is. Councilman Wise suggested Administration point out the sources of funding by category. Finance Director Brown replied: $5.7 Million General Fund 700,000 Fund Balance 678,000 Real Property 107,000 Personal Property 24,000 oil Taxes 1,750 Million Sales Tax 325,000 State Revenue Sharing 630,000 Municipal Assistance 150,000 Fish Tax 805,000 Interest Investment 60,000 Recreation Transferred from other funds - $200#000 Councilman Wise asked, what percentage of the $5.7 Million budget is from sales tax? Answer - 30%, 14% is personal and real estate. Councilman Wise noted a small percentage is property tax. Councilwoman Bailie said, without the Community Schools program, the City will have to pay user fees in the schools. We could delete duplicated programs (with Community Schools program), but we will not get anything from the additional $18,000 we will have to pay for user fees. Councilman Wise said, a) It does not have Administration support. b) There was no integration with the summer recreation program. c) Salaries and benefits would be tied to school programs. d) Where , would the user fees go and how would this be handled?_ He suggested this could be discussed and have a - L • KENAI CITY COUNCIL JUNE 3, 1987 PAGE 7 supplemental appropriation at a later date. Mayor Williams noted we may have to come back for adjustments. Councilman Wise said anticipated revenue from State Revenue sharing and Municipal Assistance are based on the Governor's proposal and may change. He has a problem with lack of a proper maintenance program. Mayor Williams noted we have $191,000 In the budget for maintenance, last year we had $9,000. von, Main Motion as Amended: Motion passed unanimously by roll call vote. C-2 Ord.: 1212-87 - Amend. KMC 23 - Allow Employment o Persons not U.S. Citizens but Otherwise Eligible to Work MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1213-87 - Amending Zoning Map - Dena'Ina Pt. S/D MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENT: a. Sam McLane, McLane & Assoc., Kenai, representing the owner. He has requested conditional approval based on filing of final plat. The land is platted now. He plans to go with a commercial configuration. They have changed roads, but they match up on the perimeter. Because of the reconfiguration, it will mean vacation of existing plats, etc. If it is approved, the vacation request will be submitted. They eliminated some roads, access points are the same. When the blocks are replatted, the setbacks will be vacated and replaced. Screen easements will be dedicated on the same plat. Traffic flow is separate from residential.. Not all the property will be rezoned. This zoning request does not agree with the existing Comprehensive Plan or the proposed Comprehensive Plan. There is at present 310 acres (1.7%) of General Commercial area. The �. --.p::ezensive Plan encouLa"-s.- dQveloAnent in the KENAV CITY CODU9-.L" PAGES central area and discourages strip development. in 1980 116 acres of 340 acres zoned were developed, in 5 years many areas have been built on, removing vacant land. None of the available land is on the bluff or river. "West Kenai" is residential. There is much vacant residential area. The closed out land fill will be a perpetual green anba. When fully developed, it will support 26,000 people, 8,000 units of housing. The proposed Comprehensive Plan figures "West Kenai" at 4,000 people by 1990. His proposal is to encourage development and enhance tourism. There is a lack of commercial property in down town and an excess of residential. There are no residences in Section 36 except a small corner for a church. The highway and Inlet converge there, making it a natural break in Redoubt Ave. There is some recreation, some green belt and some Borough green area. We have an opportunity to provide commercial property without displacing residential. Councilwoman Monfor said when we first put Section 36 up for sale, we agreed it would be residential. Her concerns are: a) She did not want strip development. b) Who is to say they will not build a plant of some sort there. We do not have a say when it is privately owned. c) She noted a 'For Sale' sign there recently. Councilman Wise replied that is north of there. Mr. McLane explained, it is hard to build an ideal city with economic ups & downs. Where is commercial development into the year 2000? The City has a good idea with the landscape ordinance, it will save some of the existing vegetation. Counciwoman Bailie asked, what do adjacent owners say? Have they been notified? Mr. McLane replied, letters were sent out to the owners within 300 ft. There were no objections. Councilwoman Bailie asked, will this be a restaurant? If it is privately owned, we cannot tell them what to put there. Mr. McLane replied, when you get into things that stray too far, you get into conditional use permits. He used the hotel as an example to show size. Councilwoman Monfor said if this is zoned commercial, they will have wonderful plans, wipe out the vegetation and it will sit for a long ti,ue. Mayor Williams noted P&Z approved this. Councilwoman Bailie asked, what if other owners want it rezoned? We cannot lose sight of the fact that we are not just looking at today. Mayor Williams noted we do have site planning powers. Councilman Wise said, the contract for sale of this land to the buyer does not provide for deeds of release. It will be 100% paid off. Atty. Rogers disagreed, noting he is L._ rM L KWAI CITY COUNCIL JUNE 3, 1987 PAGE 9 assuming that there would be a request for partial release. That is not an impediment. Councilman Wise said this was asked for by the high bidder and we said he could not. Atty. Rogers replied he could not remember. Councilman Wise said if it is replatted and any re-allignments are made, you are changing the context of the original agreement. The property is now rezoned residential and valued as that. The value will double if it is rezoned. Mayor Williams asked Mr. McLane if he had any development plan in mind for any business. Answer - no. Mayor Williams asked if a delay would hinder him. Answer - no. Mr. McLane said he disagreed with the the problem of the replat. We are not talking about release clauses. The City would have to sign the plat. We are talking about vacating existing rights -of -way, not transfer. Mayor Williams asked if there should be a reveiw before passing. Atty. Rogers replied he had no problem. If they request partial release, there would be an issue brought to Council for review. Councilman Measles asked if the preliminary engineering was done on all as a unit. Answer - yes. Councilman Measles asked, will these changes have any effect? Public Works Director Kornelis replied no, they do not have a full set of drawings. If they 5o in and re -vacate, there is something in the books that if they re -plat, the preliminary plat can go through, but improvements have to be done before the final goes through. Atty. Rogers noted that is their problem. City Manager Brighton reviewed - the presentation was thorough, it is a logical procedure to accept, there is a tremendous amount of real estate left for development, it does not do damage to the road or the new Comprehensive Plan. VOTE (Passed): Yes: Bailie, McComsey, Measles, Monfor, Williams No: Wise C-4 Ord. 1214-87 - Amending Zoning Map - Thompson S/D, Henderson Replat MOTION: Councilwoman Fs�ilie moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call L L KMAI CITi COUriCIL JUNE 3, 1987 PAGE 10 C-5 Ord. 1216-87 - Amending KMC 17 - Disposal of Waste Materials MOTION: Councilwoman Bailie moved, seconded by Councilman Measles, to adopt the ordinance. PUBLIC COMMENT: a. Mary Sisson, Sterling. She lives 3 miles from the Sterling waste site. She objected to the ordinance. Mayor Williams explained, the ordinance only permits intergovernmental action. There is no action to do any of the things she is talking about. Ms. Sisson noted this gives the City the right to do these things. She did not feel the City sewer system should become the dump for possible tainted or contaminated waters. Mayor Williams explained, there will be a hearing if we enter into an agreement to take from any other government agency. Ms. Sisson said she was at the meeting when this was discussed. It was called a special waste site, no part was called hazardous. It is a site used by 34 documented industrial units in the Borough. The old Moose River drainage system is there.. The concern has always been that something may leave the site. She cannot understand how they can take that water after reviewing DEC studies, and and dispose of it in the City sewer system. A 1982 study said wastes of unknown substance were deposited. The oil companies have deposited there. A DEC report in 1983 said toxic chemicals were found there. In a test for pesticides, DEC had a problem. Heavy metals were in large concentration. There are 12 acres set aside for ponds. The monitoring well is 4 ft. in the ground, it is broken off. There has been run-off in the area. DEC has been testing wells in the area, they have found barium and zinc. In looking at tests, the Ph in two of the wells is not good. Because EPA tests had a problem, she thought it would behoove the Borough to devise a cleaning system to clean water, test for all substances, then put it in a field or say it is good enough. she did not feel it was tested enough. Councilwoman Bailie asked about the "Super Fund." Ms. Sisson replied, EPA investigated, they did not think there was a great threat. It may have happened in the past, but if the stuff was not continued to be put in there, there was no threat. is is _ J_F t. • •...tt AL'1\Ai biil �.VYL�biY JUNE 3, 1987 PAGE 11 b. Loretta Breeden, 1602 Barabara, Kenai. She asked Council not to approve an integrated agreement regarding this. This is the first step to dumping in our sewers. She has asked Council to instigate a toxic and hazardous waste substances ordinance. we should have that before we pass this. What are you putting in our sewers? How will this affect the fishing industry? Is our sewer plant big enough to handle this? Will it affect the tide flats? What effect will it have on wild life? What kind of products will be flowing out? C. Vesta Leigh, Kenai. We need to study more than the people from Anchorage have. They did not test for acidity. If there is damage done, can you go back to the Borough for them to pay? She would have to pay for it whether the City or the Borough does it. What about the transportation here? There are accidents, spills and stupidity. Some of the lab work went for 283 days with a 14 day life. We need an ordinance for transportating hazardous wastes. It opens up a lot if the military comes down here. There is nobody to follow up on this. What is the Borough doing with EPA requirements? d. Bill Conyers, Kenai Peninsula Borough Engineer. Before any government can discharge wastes, it requires an EPA variance. He will submit the plan, there will be appropriate tests. The "Super Fund" is used to clean up hazardous waste sites. EPA states this is not hazardous waste and is not available for "Super Funds." Councilman Measles said we do not need to get into regulating waste material. The Federal and State governments have regulations. There are transportation regulations. The city does not have the expertise and should not get into this. Also, this does not address the Sterling waste site, just from other government agencies. It could also be for the Soldotna sewage plant. It would take 45 days for us to help them out if they needed help, it could not be called an emergency because Kenai would not have an emergency. Councilman Wise suggested the material should be analyzed. If the material is safe, we need to accommodate the Borough because we are a part of the Borough. If the Borough has to do this another way, it will cost the taxpayers more. PUBLIC COMMENT: a. Sam McLane, Borough Assembly. He is chairman of the Borough Public Works Committee. They are working with Borough Administration on this. The Assembly tabled a motion regarding additional L �V ay s ys-t__ P i KENAI CITY COUNCIL JUNE 3, 1987 PAGE 12 funding till they reviewed this. The other pits there just have water in them. He had a found into it, he ounda lotcould bedisposed ofin cost-effective manner. For EPA to agree, many tests will have to be made. The stuff at the bottom and muds will be handled differently. MOTION, Amendment: Councilman Wise moved, seconded by Councilman McComsey, to amend the ordinance, 17.30.080, line 3, after the word "may," add the words, "upon approval of Council." VOTE, Amendment: Motion passed by unanimous consent. PUBLIC COMMENT: a. Vesta Leigh, Kenai. If the City takes the material from the Sterling waste site, will it have to come back to Council? Answer - yes. b. Mary Sisson, Sterling. Does this mean if Unocal has a turnaround, they can bring their waste water in the City? Mayor Williams replied, this is for intergovernmental only. 'JOTE (Passed): Yes: McComsey, Measles, Wise, Williams No: Bailie, Monfor C-6 Res. 87-25 - Fixing Rate of Property Tax Levy - FY 87/88 - 2.7 Mills Mayor Williams explained 2.7 mills is $270 tax for $100,000 evaluation. MOTION: Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilman Wise asked if the rate was for real and personal property. Answer - yes. Motion passed by unanimous consent. C-7 Res. 87-34 - Assessment Roll - Inlet Woods S/D MOTION: L L KZ�AI CITY COUNCIL JUNE 3, 198 PAGE 13 Councilwoman Bailie moved, seconded by Councilman McComsey, to adopt the resolution. There wds no public comment. Notion passed by unanimous consent. C-8 Res. 87-35 - Awarding Contract - Construction - Juliussen, Ames, Basin View, Angler, Barabara - Oteco - $475,788.10 MOTION: Councilman Measles moved, seconded by Councilman wise, to adopt the resolution. MOTION, Amendment: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to delete Barabara Dr. ($69,000+) per the conversation several months ago. Councilwoman Bailie stated we will not have additional road moneys available. There is no reason why this road has to be done. One family will have to move their septic system. Councilman Wise asked, what has been the appropriation for construction for this project? Finance Director Brown replied, $608,000; there is $132,000 left in. Councilman Wise asked if this was based on the shortened appropration from Gov. Sheffield's action? Mr. Brown replied, $1.1 Million was appropriated, $385,000 was received. Mayor Williams noted, in addition to the funds available, there is now $840,000 additional available. City Manager Brighton explained, we received notice of this June 2. Fairbanks had a law suit, the State lost. The Governor released all Capital Improvement moneys from the last Legislative session. Public Works Director Kornelis explained, this design was based on a compromise in a meeting with the residents. It will stop at the Kett property. One property owner with a sewer system in the right-of-way will be affected. Ownership on this is not local. Mayor Williams asked if there was anyone affected by this ordinance that does not want the improvements? Joan Hett, 1507 Barabara, Kenai. She did not think it would be an improvement. They are not graded now, it will still be a gravel road. She said she appreciated the amendment and would like Councilwoman Bailie to stand by it. Mayor Williams asked if the City would maintain the road. Mr. Kornelis replied, we do now. VOTE, Amendment (Passed): -�, 'p 5,µ.;y��c`��. ,.1 , r'.:. - - -:at. - .y•_.. ..•+cc•sac.•�= - _ .. ,tip - _ F ------------------- a I�r h L KENAI CITY COUNCIL JUNE 3, 1987 PAGE 14 Yes: Bailie, McComsey, Measles, Monfor No: Wise, Williams VOTE, Main Motion as Amended (Passed): Yes: Bailie, McComsey, Measles, Monfor, Wise No: Williams PUBLIC COMMENT: a. Ruby Coyle, Barabara Dr., Kenai. The City has Just effectively killed any easement they have on Barabara Dr. given to the City by the Coyles. The road will be closed on Coyle property on the other side of the line. MOTION, Reconsideration: Councilman Measles moved, seconded by Councilwoman Monfor, to reconsider the action on Res. 87-35. Councilwoman Bailie explained, we are at the point where we have to practice restraints. We have a road where a majority of the people do not want improvements. Mayor Williams said Public works worked out the kinks in this. The majority of the residents were in agreement the road could be built. Mrs. Kett explained, the night we met here, we agreed. But that was after the vote was taken that the work would be done. we had to compromise. Public works Director Kornelis added, the street foreman and he felt the road needs improvement. Loretta Breeden, Barabara Dr., Kenai. She asked that the City advise the post office to put the mail box at the cul de sac. They have been asked not to turn around at Coyle's driveway. Councilwoman Monfor explained, her reason for taking Barabara off is that there are other roads that need it more. VOTE, Amendment (Passed): Yes: Bailie, McComsey, Measles, Monfor No: Wise, Williams VOTE, Main Motion as Amended (Passed): r s ft f Yes: Bailie, McComsey, Measles, Monfor, Wise No: Williams i- -=- L V VNI KENAI CITY COUNCIL JUNE 3, 1987 PAGE 15 Ruby Coyle, Barabara Dr., Kenai. If the money was appropriated, the design was done, Barabara was included in the Capital Improvement list to the Legislature. Will the City get in trouble by deleting it? City Manager Brighton replied he did not think so, the grant was based on $1.1 Million for funds. There were no specifics in the grant. Mrs. Coyle said the list included Barabara. Mr. Brighton explained, there were many streets on the requst. A lot of them were prioritized #1 to #6. The grant specified $1.1 Million for road work. C-9 Res. 87-36 - Prior Council Approval for Travel & Entertainment by Employees or Elected Officials, Prerequisite for Reimbursement MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. MOTION, Amendment: Councilman Wise moved, seconded by Councilwoman Monfor, to amend the resolution by adding "appointed officials" in the heading, the 4th WHEREAS, the 5th WHEREAS, and the NOW THEREFORE paragraphs. Motion passed by unanimous consent. Councilman Measles said we seem to be putting more and more money into the travel budget. Everything is more above board if approved by Council before travel takes place. Councilwoman Monfor added, this takes the responsibility off the City Manager that should be Council responsibility, especially commission members and elected officials. Atty. Rogers noted the majority as addressed is the majority of those voting, unanimous is those attending and voting. Councilwoman Monfor asked if this could be handled by telephone poll in case of emergency. Atty. Rogers replied yes, this would be prior approval. If it was not approved, one would travel at their own peril and pay with their own funds. Councilman Wise noted a resolution can be nullified at any meeting of Council. Any 4 members can pass another resolution. It does not have the base in law of an ordinance. Atty. Rogers replied, it does till it is rescinded. You can rescind an ordinance in the same way as a resolution, it is a longer time frame. Mayor Williams noted this was not suggested by Administration, but by Council. Atty. Rogers noted he had no problem with it. Mayor Williams suggested it 5 aura! KENAI CITY COUNCIL DUNE 3, 1987 PAGE 16 not be by unanimous vote. Councilman Wise said there are times when there are expenditures by the Mayor & chief executive in performance of their duties, It means if we go to AML and we don't authorize by vote to buy drinks, etc., we will not be reimbursed. Councilwoman Monfor noted we will approve ahead of time for AML. MOTION: Councilwomani Monfor moved, seconded by Councilman Wise, to amend the resolution, the NOW THEREFORE paragraph, line 6 & 7, delete the words "a majority of"; line 7 & 8, add "a" after "by" and delete the word "unanimous." VOTE, Amendment: Motion passed by unanimous consent. Mayor Williams said we are mixing travel and entertainment. He has advised Council of any trips he has taken. The entertainment portion concerns him. The Mayor is head of the government for ceremonial purposes. Should dignitaries be on the scene and previous acquaintances, the Mayor is obligated to entertain. When the Japanese consul visited, we welcomed him and took him to lunch. The tab was $114. If he were required to contact Council for lunches, there would be dignitaries not taken to lunch. He goes to Chamber of Commerce lunches with people such as dignitaries, honorees, etc. He picks up the tab. He is not objecting to travel, but to entertainment. Councilman Measles said this does not prohibit that. He or Mr. Brighton could ask for an amount of some number. If approved, it could be theirs. Councilwoman Monfor said her problem is with Council, commission members and other appointed officials having carte blanche. She did not think it was abused. Atty. Rogers noted, this only pertains to travel outside of the 3rd Judicial District. There are instances having to get to Anchorage in a hurry. Travel to Juneau would require prior approval. But we cannot spend money in Anchorage for entertainment. If we exceed per diem, it is on us. VOTE, Main Motion as Amended (Passed): Yes: Bailie, McComsey, Measles, Monfor, Williams No: Wise Councilwoman Monfor suggested giving, the Mayor an amount of money. She asked Finance Director Brown how h dl this Mr Brown replied a monthly amount ;::j:� t_.rF-- I to an e 4 - .-.', for entertainent only. Councilman Measles said all KENAI CITY COUNCIL • JUNE 3, 1987 PAGE 17 this does is, without something in there, there is nothing to keep any commission member, Council member or employee form taking a trip and turning in an expense report. On what grounds can Finance Director Brown refuse? MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to allow the Mayor and City Manager up to $500 per month for entertainment. Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS D-1 Planning & Zoning None D-2 Harbor Commission Harbor Comm. Chairman Quesnel reported as of now, the dock is on schedule plus 2 days. They had to move the dock master's office closer to the edge for more room. We should be on schedule by the and of July. They had a meeting June 2. They reviewed the rate schedule. They are looking forward to paying their own way. They put out bids on 2 occasions for the dock leases, no firm has bid. A couple of proposals are being mailed to us. D-3 Recreation Commission None D-4 Library Commission ya..•. Library Comm. Chairman Swarner reported they had a v% meeting June 2. They approved the budget, more money " is needed for books. The summer reading program starts f. June 8. Story Hour starts June 11, Pre -School Story Hour is continuing. They had 33 volunteers put in 533 .r hours in May. That is the equivalent of 3 full time employees. yz:?a D-5 Council on Aging Project Director Porter reported the wagon is ready to go. D-6 Airport Commission t .. - Zf ^'_ A �S Y 31. KENAI CITY COUNCIL • JUNE 3, 1987 PAGE 18 Airport Manager Ernst reported they met May 28. They discussed the tie -down plan. The small counter used for Raven will be an information booth. D-7 Misc Comm/Comm None E. MINUTES E-1 Regular Meeting, May 20, 1987 E-2 Special Meeting, May 22, 1987 E-3 Special Meeting, May 27, 1987 L H-2 Requisitions Exceeding $1,000 MOTION: H-3 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Sen. Murkowski - Air Huard Wing F-2 Natl. League of Cities - Report F-3 Rep. Navarre - Closure of Legisl. Information Office F-4 Rep. Swackhammer - Closure of Legisl. Info. Office F-5 Sen. Stevens - Air Guard Wing Approved by Consent Agenda G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Bailie moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed by unanimous consent. _ Councilman Measles moved, seconded by Councilwoman Bailie, to approve the requisitions as submitted. Motion passed by unanimous consent. Ord. 1215-87 - Rescind Ord. 870-83 - Public Easement - - - - Candlelight Dr. Ext. MOTION: 4r� L: T.�mT_• d -': - --_ KENAI CITY COUNCII JUNE 3, 1987 44 PAGE 19 Councilwoman Monfor moved, seconded by Councilwoman Bailie, to introduce the ordinance. r Councilman Wise said he did riot support this, it is a mistake. Councilwoman Bailie asked Atty. Rogers if he had anything to say. Atty. Rogers replied no, it is consistent with prior action. VOTE (Passed): Yes: Bailie, McComsey, Measles, Monfor, Williams No: Wise H-5 Ord. 1218-87 - Increas. Rev/Appns - Senior Day Care Fund - $1,850 H-6 Ord. 1217-87 - Increas. Rev/Appns - Senior Citizens, Title III Fund - $2,600 Approved by Consent Agenda. H-7 Disc. - Kenai Borough - Examine Alternative Sources to �r 3. Current Revenue Means within Borough - Task Force, F �' Representative from City J?{n�K City Manager Brighton explained the Borough is Sz appointing a special committee. It will have a representative from each city in the Borough to explore other avenues of taxation to help local government. They thought it was important to have the Mayors appoint themselves so the Borough would not preclude the cities from doing the same thing. There is no -_ provision for an alternate. Councilwoman Bailie said a even though there is no alternate provided, we should designate the City Manager to attend. Councilman Wise suggested discussing: a) rescinding the action of last election in reference to exempting homesteads from taxes. b) the Borough is using general revenue funds :-F to support service area activities. c) why does it �Yr take the Borough so long to pay sales tax revenue and µ 1. property tax revenue? They are holding funds and making interest and not paying us. Mayor Williams said `..z' the task force will be done by November. ADDED ITEM: Mayor Williams asked Councilman McComsey what has become of the Kenai Caucus. Councilman McComsey replied he has not heard from them for over a month. MOTION: a _ 4r`';r . S�1 1, a 3 J Councilman Measles moved, seconded by Councilman Wise, '• .` for the Mayor to represent the City on the Task Force } with the City Manager as alternate. _ -4-tio. L KENAI CITY COUNCIL JUNE 3, 1987 - PAGE 20 Motion passed by unanimous consent. H-10 Assignment of Lease - Uptown Motel Atty. Rogers said we have a request for assignment of lease - Aase to Schilling, Uptown. He has no problem. Council agreed to proceed with the assignment. I. ADMINISTRATION REPORTS I-1 City Manager City Manager Brighton said he is going to Anchorage 6-4 to attend a technical committee of AML to work with a consulting firm to redesign AML goals and objectives. I-2 Attorney Atty. Rogers spoke. a. b. Regarding the Burnett Complaint and Summons. There is other litigation we are involved in, Council is involved. He cautioned Council not to discuss. He will not discuss with the Burnetts, except with an attorney. It will be in writing. We will respond appropriately. He will be calling an executive session. We will be contacting P&Z and cautioning them not to discuss matters in litigation. Regarding AAI litigation. The owner of the plane was other than AAI. We refused to pay damages. They filed. We do not foresee exposure of the City. We will defend that. They had a claim against AAI, it went to us when AAI went "belly -up." I 3 Mayor a• b. The Chamber of Commerce is proposing a Sister City in Japan. Clerk Whelan explained, there was some discussion regarding a sister city in 1983, she will be reviewing this and report to Council. UN Day. (Item I-3) Does Council wish to designate a representative. No action taken by Council. c. Regarding grant writing. He suggested a Request for Proposal to have someone with grant writing capabilities on a fee basis, based on the grant amount. It would be a contractor. Soldotna and Homer have received good grants. DC&RA has $2 L KENAI CITY COUNCIL JUNE 3, 1987 PAGE 21 Million+. He has requested this. There is a grantsmanship school. MOTION: Councilwoman Monfor moved to proceed with an RFP. Motion passed by unanimous consent. d. e0 1. M. Regarding the City brochure. It will be here by June 17 meeting. It is at the printer. Regarding Alaska National Guard Unit. He was in contact with Mr. Borg this date. On 5-28 he met with a representative from Sen. Stevens' office. He had meetings with Dept. of Defense, Air Guard and Pentagon representatives to discuss their positions. Sen. Stevens has directed the Air Force secretary to prepare a plan regarding the Air Force. Everyone from Council, Airport Co:ratission, Governor's Office, U.S. Representatives, Pentagon and the Air Force is aware of our request. It is receiving a lot of attention. He had a meeting with the 7-11 people regarding the Kenai stores. They are happy with the business. They are not planning any increase. Omni Store sales tax is $250,000 in arrears. $150,000 is ours. He will meet with Administration and People Count representatives 6-5-87 regarding working with 10 people, 30 hours per week. Do we have any status report on the land fill? Councilwoman Bailie replied, Bill Conyers of the Borough said they are going to make a proposal when they go out to bid. Nothing has been done yet. Mayor Williams asked Public Works Director Kornelis to check this out. Lt. Gov. McAlpine will be here June 21 through June 25. He will be at Chamber of -Commerce to foster ANWR support. Councilwoman Monfor asked if a meat:ing could be arranged with the lobbyist for a discussion on goals and objectives. Mayor Williams suggested waiting to see what the Governor's direction is. We should make a legislative plan before we get to the session. Councilman Measles noted Res. 87-29. (Police Car bid) We did authorize purchase provided 1988 models could be provided at that price. Mayor Williams replied that is correct. His concern was we get the best price and we give consideration to local purchases. Councilwoman Bailie said we may want to bring up r KENAI CITY COUNCIL JUNE 3, 1987 PAGE 22 the option of local preference. Mayor Williams said it has been discussed in other Borough cities. Where was $120 difference in this instance. Is there anything illegal in giving local preference? Atty. Rogers replied yes. Mayor Williams asked if there is anything we can do to correct this? Atty. Rogers replied he will review. His concern is there were bid specs. It should be with the bid specs, not after the fact. I-4 Clerk L Clerk Whelan spoke. a. Regarding the proposed tour bus. (item I-4) No action has been taken, she wanted Council to be aware. b. Councilwoman Monfor noted she will not be here June 17. I-5 Finance Director Finance Director Brown spoke. a. He asked that Council bring the Federal Revenue Sharing memo (item I-5) to the next meeting. b. Councilwoman Monfor said she would like to get the print out on expenses. Mr. Brown noted the auditor had asked if he reported to Council once a month. Council agreed to continue distribution of the print out. I-6 Public Works Director None I-7 Airport Manager None J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Father Targonsky, Russian Orthodox Church. He noted the City will provide salary for a tour 4Ap He asked Council to consider the Russian Church is seen as much if not more than the museum. The City is spending over $6,000 for the 4-_T museum in salary. �_.. r r— KENAI CITY COUNCIL • JUNE 3, 1987 PAGE 23 b. C. d. Father Targonsky. How far in arrears is Omni Foods? City Manager Brighton replied they don't have any factual information. Mayor Williams suggested he contact the Borough Mayor. He spoke of this at the Borough meeting of June 2. Father Targonsky said they could not get a liquor linense if they are in arrears. Father Targonsky. He is disappointed in the action regarding the Coyle's property. These people pioneer the territory and give property for improvements, other people get roads. We cannot forget the old timers. it should be considered a right if they have been here this long. Councilman McComsey reminded Council of the ball tournament this Saturday. ADJOURNMENT: Meeting adjourned at 12:00 Midnight. 4� Janet Whelan City Clerk APPROVED 81l COUNCIL���� � DATE A TY CLERK - ' L l♦ry,�3V .FOXY - .: 5 �1eXj.�- � .l• L