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HomeMy WebLinkAbout1987-08-19 Council MinutesPs 55 r , AGENDA Y KENAI CITY COUNCIL -REGULAR MEETING T{ August TEA, 1987 - 7:00 PM' f �y �t .• 1 lF.{-r` S`z-s4 cl' ?Jri-{ .'1 1— 6 s 30 - Work Session - R/V Park Yh"'" 1 T r40R4. �" i V Y��- w : Pledge of Allegiance 1'i4 l 4 A. ROLL CALL17 P '• -, nty�'c of Rt 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk ( * ) are Y considered to be routine and non -controversial by „1 r the Council and will be approved by one motion. There will be no separate discussion of these y r r IA. items unless a Council member so requests, in which case the item will be removed from the sent Agenda and considered in its normal Con l g sequence on the agenda as part of the General Orders • •' Sd tom,. <S �s_3'v�7,.. . . B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 minutes) rs �5 1 h nx 1. Don Markle, Cooperative Extension. Service -Alaska tie Craftsman Home Program r r 2. Dick Matthews, FAA -Flight Service Station 5 3. E.M. Knight - Protest Public Works Decision " iC. PUBLIC HEARINGS Ordinance 1224-87 -Increasing Rev/Appns - Grants, ° `K s` Library - $15,630 , ?r�w.IfY-�...wr... sf 2. Ordinance 1225-87 - Increasing Rev/Appns - Grants, rti }Lf,� Q Senior Citizens - 89, 271 t ..�� r . rit 3. Ordinance 1226-87 - Amending Kenai Municipal Code #3 - Refundable Deposit to Encourage Spaying and Neutering of Animals 4. Ordinance 1227-87 - Increasing Rev/Appns _ - ;- Donation, Senior Citizens - $1,113.25 t ' 5. ordinance 1228-87 - Amending Kenai Municipal Code „ { #4 -Update Electric Code 6. Resolution 87-16 - Accepting State Grant from s 4t" DEC - Financing Sewer Interceptor to Thompson Park r arx.� (Postponed from April 15, 1987) 1 tis t 3 7. Resolution 87-53 - Repealing Resolution 87-36 - �� Establishing New Approval Requirements for Travel ` and Entertainment 8. Resolution 87-54 - Accepting State grant - Road ,Fi Y S liz., 2 k S JR 4'� �- h�l✓ - Y - improvements - $200,000 9. Resolution 87-55 - Submit to voters - Exemption from COI and Campaign disclosure laws` _ �s jl 4i. I q.`h13." r r Vt4 t ,4`M ai-f _ 4a. Cs c :� fib. Lc� A= D. COMMISSION REPORTS I Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission S. Council on Aging 6. Airport Commission 7. Misc. commission & committee E. MINUTES 1. *Regular meeting, August 5, 1987 CORRESPONDENCE R, w 1. *Alaska Women's Commission Letter of Thanks 2. Alaska Community and Regional Affairs Policy for Community Development Block Grant program - 3. Unexpended funds *Senator Stevens - Air Force National Guard Move 4. Alaska Department of National Resources oil and Gas leasing program G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be paid, Bills to be Ratified 2. Requisition Exceeding $1,000 3. *Ordinance 1229-87 - increasing Rev/Appns Float Plane Basin - $1,173,780; Repeal ordinance 1222-87; Establish now budget 4. *Ordinance 1230-87 - Amend Kenai Municipal Code #12 - Reduction in charges for excess false alarms 5. *Ordinance 1231-87 - increase Rev/Appns - Cabinets for Fort Kenay - $840 6. ordinance 1232-87 - Rescind ordinance 1067-85, provide for dedication of City - owned lands to temporary use - Daubenspeck Property ADMINISTRATION REPORTS 1 City Manager 2. Attorney 3. Mayor 4. Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager i IN J. PERSONS NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT ■ �,alil mtm KENAI CITY COUNCIL - REGULAR MEETING - MINUTES AUGUST 19, 1987 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Art McComsey, John Williams, Tom Ackerly, Sally Bailie Absent: Ray Measles, Chris Monfor, Ron Malston (all excused) A-1 Agenda Approval a. Mayor Williams noted item C-9 (Res. 87-55) had a correction in the second proposition: line 4, add "s" to the word "requirement." b. Mayor Williams asked that Res. 87-56 (ballot proposition for increasing fines) and letter of explanation, both distributed this date, be added to the agenda as item C-10. C. Mayor Williams asked that memo from Public Works Director Kornelis regarding airport improvements, dated 8-18-87 and distributed this date, be added to H-2 (Requisitions Exceeding $1,000). d. Mayor Williams asked that letter from Atty. Garnett regarding R/V park, dated 8-19-87 and distributed this date, be added as part of item H-6. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the agenda as amended. Motion passed by unanimous consent. A-2 Consent Agenda Consent Agenda approved as submitted. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Don Markle, Cooperative Extension Service - Alaska Craftsman Home Program Don Markle, 334 E. 2nd, Anchorage, Cooperative Extension Service. The Alaska Craftsman program originated last year and is a volunteer program. There has been a quantum leap in technology coming from Canada. A person can now heat their home for as little as $150 per year - with gas, not electricity. The basic elements in a home are: heavy insulation, airtight vapor bar, ventilating system, passive solar or judicious use of windows, energy budgeting on appliances. This is a $50 Million, nation-wide program. Locally, Jess Hall heats his home for $15 per month. They had 24 trainers around the State last year teaching people to build. He is here to ask for a resolution from the Council similar to those passed by other municipalities in the State endorsing the concept. The program is sponsored by banks, Cooperative Extension Service, Alaska C&RA. It will be a 4-part program: a) education, b) promotion, c) incentive, d) research. Regarding radon and indoor air quality: $100 Billion per year is spent in health programs regarding air quality. We spend 90% of our •_ - w 2 M KENAI CITY COUNCIL AUGUST 19, 1987 PAGE 2 time indoors in Alaska. We have an exceptionally high number of upper respiratory diseases in our homes. Most of us build our homes too tight. We pass warm indoor air through the ventilating system. This program wants to use outside air. They believe they can structurally change the housing in the State. The physics of building a good house applies whether it is gas or electricity. it is predicted gas will go up 500% in the next few years. It may not be that high, but it will go up in the Anchorage and Kenai area. Canada started this as a defense program. This will be a 4-part program with 250 demonstration homes throughout the State, at a cost of $8 Million. They are not asking for an endorsement of money, just the concept. The money could come from: a) State general funds (probably not available), b) Conservation funds from Exxon overpayment (there is a good chance of this), c) Railbelt Energy fund. Councilwoman Bailie asked, why aren't the homebuilders associations taking this on as a project? Mr. Markle replied, the homebuilders are primary sponsors. The problem is, there were 450 members last year, there are 130 now. Also, the first home will cost 5% to 10% more than the rest. The next one would be 3% to 4% more. Builders are not able to do this with the extra cost. They are asking the State to put up $6,000, that would build a house. The buyer would pay it back. It would not be a give-away program, but it will take awhile to get it back. The homebuilders are afraid there will be importing of modular housing here. They cannot compete, but they can "offer a better mousetrap." Regarding bank loans: you can get better interest on the amount of the loan because the energy will be less. Councilman Ackerly noted 95% of the homes are bank financed. They should state that homes have to be energy efficient. Mr. Markle explained, they are finding when builders say they can build for $150 per year for heat, people do not believe them. They also want to retro-fit to change current homes instead of just building new ones. Mayor Williams asked that a resolution be prepared for the Sept. 2 meeting. Council agreed to the request. B-2 Dick Matthews, FAA - Flight Service Station Dick Matthews, FAA Program Manager for Automated Flight Service Station. The flight service stations are 40 years old, they are the key to the system and are being modernized. There are 26 flight service stations throughout the State. They thought the communities involved should become part of the planning. It would be a $2-1/2 Million payroll. There has been concern expressed by many that the project is not moving a3 fast as expressed. They have made substantial steps to correct problems. He has responded to: a) the aviation community, b) their own personnel, 220 people that will be relocated, c) communities that sponsor and communities they will be leaving. The people are used to the old system. The communities that are left are concerned. These people brought considerable pressure to Congress. They are objecting to having to move. They are concerned if their spouses will get employment. The people in remote places want to stay there. For some of the communities, FAA is their primary resource. Also, the problem with technology. In order to consolidate, they have to make people more efficient. All 3 systems have been delayed. The weather system will be 10 months. It will be commissioned April 5, 1988. 10 months later, it will XvMu T f_TTV rntMCTT. AUGUST 19, 1987 PAGE 3 be operational. 12 months later, the iCSS. The automatic system will be 2-1/2 years. They are leasing a graphics system now. They have a new radio control system in the old tower that can go to the new system. They can bring an automatic system down from Anchorage. Congress has said they will not consolidate till they have an operating automatic system. They will take possession of the building this month, if Council agrees. They will install some of the system. By April 5, 1988 all 3 systems will be installed and working. They will bring in 6 new families. The transfers will train the existing staff. Then they will bring 4 to 6 per year through 1990 when the automatic system is in. They will have 9 new families by Oct. 1988. They will have 4 to 5 people for weather operations, a $196,000 payroll immediately in the community, or they could have level GS-5 local people. They will bring as much as possible here without closing local operations. They need to be responsible to personnel, users and the City. Councilwoman Bailie said she thought by 1990 all families would be here and the system would be operational. With 60-70 families, will it take many years? Mr. Matthews replied no, once they get the small areas closed, a large influx can come from Anchorage. They will have to maintain two facilities that should do as one for awhile. McGrath will be first, then 11 more. Each will save much money. Then there will probably be no change for 20-30 years. Everyplace they have done this in the lower 48, there has been the same problem. Mayor Williams noted he will pass this information on the Airport Commission. B-3 E.M. Knight - Protest Public Works Decision E.M. Knight, 1104 1st, Kenai. On 7-24-87 he was employed by Larry Powers unloading fish at the City dock. Mr. Powers told him he had to leave, that he was competing with City equipment. The City had an agreement with the processors to rent. The City rents its own equipment for less than what they were charging other people. He worked from 8:00 to 10:00, and earned $45. The loss would be 3 to 4 times greater. This was financial and mental distress and humiliation. He has been advised to pursue reimbursement from the City. He called all the Council he could contact. Also the Harbor Commission. They said Public Works Director Kornelis had overstepped his bounds. At 1:28 he was allowed to go back, only 2 boats were left, 7-8 had left. He was told the City could handle the 2 left. Councilwoman Bailie asked to hear from Mr. .Kornelis. Atty. Rogers stated it is apparent Mr. Knight has consulted counsel. Mr. Knight replied, that is nearly true. He was advised to see the City Council first. Atty. Rogers asked, if Council agreed to pay, he would not sue? Mr. Knight replied yes. Atty. Rogers said Council has a possible claim. Anything said at this time could be entered into the record. He would be uncomfortable with Mr. Kornelis giving testimony. He asked that it be handled through his office. City Manager Brighton said he felt it is somewhat unfair to leave accusations against the Public Works Director up in the air as far as Council is concerned. He would like to have a diagram by Mr. Kornelis showing the reason for his action. Mr. Knight said, after this instance, (he was working for Mr. Powers and Mr. Nord) he asked Mr. Kornelis two times to speak to him regarding this. He would not come to him. Atty. Rogers said should a claim be submitted, he would XMI T CI1ry t-n? JrTL AUGUST 19, 1987 PAGE 4 consult with Mr. Kornelis and Mr. Brighton. He could recommend we pay if that is their suggestion, or not pay if they say not to. Then it could be brought to Council for recommendation. There is an internal procedure to resolve this without the Public works Director defending himself. Mr. xornelis said he had no problem with stating the facts. He will not dispute the allegations. Mayor Williams noted it would be less than $1,000 if there was an error on the City's part. Is there a possibility of Administration meeting with Mr. Knight to resolve this? Atty. Rogers replied assumption is not in evidence. There is inference of humiliation, etc. There has been consultation with an attorney. The procedure is to submit to the City, then we would discuss internally. we would reply in writing to his counsel. He has not stated the amount of his claim. Soft damages may be in excess of the dollar amount. Mayor Williams said there should be some method where Administration could meet with Mr. Knight with litigation. Atty. Rogers replied he has procedures for settling claims. They do not include discussion with the claimant. He wants written testimony. Councilwoman Bailie said we have employees and an attorney to give advise to Council. She suggested they should heed the advice of the attorney and not discuss it. Council agreed to the suggestion. Mayor Williams said it is the concensus of Council that Mr. Knight should present a claim to the City in writing. Atty. Rogers stated he will respond in writing. No further action by Council. C. PUBLIC HEARINGS T., - c,Y.• C-1 Ord. 1224-87 - Increas. Rev/Appns - Grants, Library - .. $15,630 MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote- C-2 Ord. 1225-87 - Increas. Rev/Appns - Grants, Senior Citizens - $9,271 MOTION: Councilwoman Bailie moved, seconded by Councilman Ackerly, to adopt the ordinance. zL= There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1226-87 - Amend. KMC #3 - Refundable Deposit to Encourage Spaying & Neutering of Animals MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. KENAI CITY COUNCIL AUGUST. 19. 1987 PAGE 5 Councilwoman Bailie expressed appreciation for the fine job Animal Control Officer Godek is doing. Motion passed unanimously by roll call vote. C-4 Ord.1227-87 - Increas. Rev/Appns - Donation, Senior Citizens - $1,113.25 MOTION:. Councilwoman Bailie moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Ord. 1228-87 - Amend. KMC #4 - Update Electric Code MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Res. 87-16 - Accepting State Grant from DEC - Financing Sewer Interceptor to Thompson Park MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. City Manager Brighton suggested it be adopted to secure the grant. If we don't secure it, it will be available in other districts. We have 60 days to accept, then it will automatically be cut off from Kenai. If we accept we have 5 years to perform that which the project is for. In the interim, the Legislature has the right to re -appropriate. Councilman Ackerly asked, if we accept this, will it jeopardize us in any other grants? Mr. Brighton replied he did not think so. The Legislature is the one who has appropriating power. Any moneys that have not left Juneau can be re -appropriated. We could put in the utilities at a later date. Councilwoman Bailie asked, if we accept and at a later date felt it was not feasible but could be used for other projects, could we use it? Mr. Brighton replied, with consent of the Legislature. Councilwoman Bailie suggested Administration and Council review the survey of Thompson Park done 3-4 years ago. Everyone wanted sewer, no one wanted water. It would be considerable assessments. Motion passed unanimously by roll call vote. C-7 Res. 87-53 - Repealing Res. 87-36 - Establishing New Approval Requirements for Travel & Entertainment MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to adopt the resolution. I� c-, �t r.�- 9 KENAI CITY COUNCIL AUGUST 19, 1987 PAGE 6 There was no public comment. Councilman McComsey asked, is this so the City Manager can continue his job without Council approval? City Manager Brighton replied yes, a) there is no Money for entertainment without prior approval, b) Council approval is needed for the Manager, Attorney, Clerk, Mayor & Council, outside the 3rd Judicial Dist. It permits the Manager to approve departments for travel. Councilman Ackerly noted they have always had to get the Manager's approval.. By eliminating Res. 87-36, we don't need section 2. He asked if we had done this in the past. Mr. Brighton replied no, the Manager has authorized entertainment for lobbying. Councilwoman Bailie said she would hope it would not interfere with employees such as library having a luncheon. Mr. Brighton said this would preclude them from having entertainment without authority. Finance Director Brown suggested deleting section 2 and pass the remainder of the resolution. MOTION, Amendment: Councilman Ackerly moved, seconded by Councilwoman Bailie, to amend the resolution by deleting Section 2 with the stipulation we will have a workable solution at a work session. VOTE, Amendment: Motion passed by unanimous consent. VOTE, Main Motion as Amended: Motion passed by unanimous consent. C-8 Res. 87-54 - Accepting State Grant, Road Improvements- $200,000 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-9 Res. 87-55 - submit to Voters - Exemption from COI and Campaign Disclosure Laws MOTION: Councilman Ackerly moved, seconded by Councilman Mccomsey, to adopt the resolution. Councilwoman Bailie suggested without voter education this will not fly. We are one of the few communities that still have a Conflict of Interest law. It is not an open line for corrupt politics. Councilman Ackerly suggested someone speak to the Chamber of Commerce and other service groupa and have newspaper articles. PUBLIC COMMENT: tUj a. Ed Garnett, Attorney, Office at 904 Highland, Kenai. He suggested it be passed with strong f� education. He has run for public office. He was retired at the time, but he could not in good r— RBNAI CITY COUNCIL AUGUST 19, 1987 PAGE 7 conscience declare all those paying $100. If you go through it one time, you don't want to do it again. Motion passed by unanimous consent. C-10 Res. 87-56 - Submit to Voters - Increased Fine for Violation of City Code MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilwoman Bailie suggested we need publicity for this proposition also. Atty. Rogers explained $500 is the maximum. They seldom get this. Motion passed by unanimous consent. D. COMMISSION REPORTS D-1 Planning & Zoning None D-2 Harbor Commission None D-3 Recreation Commission a. Councilwoman Bailie extended appreciation to Recreation Director McGillivray, the City looks good. b. Councilwoman Bailie noted the area of Memorial Park between the property being up -graded and the Uptown. There is a little shack and some shrubbery there. Could we plant grass and paint the building? City Manager Brighton noted there are main line utilities there. Mr. McGillivray explained they have discussed this. Most of his crew is gone now. They want to wait till Spring. Carmen Gintoli, Architect, Kenai. He designed the Leif Hansen Park. He suggested leaving it as a natural buffer to define the park, just take underbrush. D-4 Library Commission Councilwoman Bailie noted the Library goals as stated in the minutes. She suggested all Comm/Comm do this. Mayor Williams said he would get in touch with the other Comm/Comm. D-5 Council on Aging a. Councilwoman Bailie reported people from Wildwood have taken out the underbrush at the Senior Center. This was done for esthetic and security reasons. b. Councilwoman Bailie reported on the endowment fund. The Senior Center has used up all their additional funds for the van. They are working on 2 projects to be held over the holidays. Finance 4V ' KENAI CITY COUNCIL Ai:c�uaT i9, iyo? PAGE 8 Director Brown has approved the endowment fund, he will work with the seniors. MOTION: Councilwoman Bailie moved, seconded by Councilman McComsey, to direct the Legal Dept. to pursue and set up the Senior Citizens endowment fund. Motion passed by unanimous consent. D-6 Airport Commission Airport Manager Ernst reported they had a meeting Aug. 13, and discussed the terminal building construction. They felt they should invite Architect Gintoli for insight as to how this could be developed, he was the architect for the terminal building. They would like to invite fishing and hunting guides to suggest the type of facility they want, then any other groups. They will discuss the float plane basin management plan. Mayor Williams said one of the concerns has always been the bar. When the terminal was smaller, they had a small traveler's bar. He suggested we return to that concept. He asked if the license stays with the airport. Atty. Rogers replied yes. He added, the present lessees have renewed for one year. Mayor Williams suggested the Airport Commission do the preliminary work before Council review. D-7 Misc. Comm/Comm a. Councilwoman Bailie noted in item B-3, it was reported there was discussion from Commission members regarding Administration. The commission members should be cautioned as to what to say regarding situations regarding the City. Clerk Whelan suggested this could be placed in the annual report to Comm/Comm members on rules of order. b. Landscape Board. Councilwoman Bailie noted we do not get a report. She asked if there was a representative of Council attending. Mayor Williams explained, they meet on an as -needed basis. It may be difficult to assign this to someone. E. MINUTES E-1 Regular Meeting, 8-5-87 Approved by Consent Agenda. F. CORRESPONDENCE F-1 AK Women's Commission - Letter of Thanks Approved by Consent Agenda. F-2 AK C&RA - Policy for Community Development Block Grant Program - Unexpended Funds No action taken by Council. F-3 Sen. Stevens - Air Force national Guard Move Approved by Consent Agenda. F-4 AK DNR - Oil & Gas Leasing Program I KENAI CITY COUNCIL AUGUST 19, 1951 PAGE 9 No action taken by Council. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the requisitions as submitted. City Manager Brighton explained the additional requisition (Airport Improvements - $1,450). This is to remove 3-6 lights FAA approved, now they want them out. MOTION, Amendment: Councilman McComsey moved, seconded by Councilwoman Bailie, to amend the requisitions by adding airport improvements for $1,450 as requested by Public Works Director. Motion passed by unanimous consent. Mayor Williams asked if the $3,000+ for Omni Foods was for the Senior Citizens. Answer - yes. MAIN MOTION, as Amended: Motion passed by unanimous consent. H-3 Ord. 1229-87 - Increas. Rev/Appns - Float Plane Basin - $1,173,780; Repeal Ord. 1222-87; Establish New Budget H-4 Ord. 1230-87 - Amend KMC #12 - Reduction in Charges for Excess False Alarms H-5 Ord. 1231-87 - Increas. Rev/Appns - Cabinets for Ft. Kenay - $840 Approved by Consent Agenda. H-6 Ord. 1232-87 - Rescind Ord. 1067-85, Provide for Dedication of City -owned Lands to Temporary Use - Daubenspeck Property MOTION: Councilwoman Bailie moved, seconded by Councilman Ackerly, to introduce the ordinance. City Manager Brighton explained, Mr. Garnett has asked if he could get FAA to move rapidly on the site across from Treet Cabinets. There is limited utilities, he could meet with Howard Smith of FAA and get a release of that property for that purpose. Councilman Ackerly asked if it was necessary to advertise, etc. Mr. AUGUST 19, 1987 PAGE 10 Brighton replied, he did not think so. Councilwoman Bailie said she would like to see the City %st a permanent camper facility. The location is excellent. Eventually if we put it on the bluff, we will have to move. We have been requested to put water & sewer in the area. We would have it available for small industry. Mayor Williams asked if we planned to do this and put in water & sewer, is there a chance we could get a contract out this year? Public Works Director Kornelis replied, it would be doubtful. We need DEC approval, engineering work, going out to bid, etc. Councilman Ackerly asked if we could use airport money. Mr. Brighton repliel it is a legitimate use, it provides income for the airport. Mayor Williams asked if the main could be tied into the float plane basin. Mr. Kornelis replied, it would be closer from the other side. He added, they would have to do road work. Mayor Williams suggested the Airport Commission review this. Finance Director Brown added, there is money available there and in water & sewer funds, he will report 9-2-87. Ed Garnett, Attorney, Kenai. Building an industrial area near an R/V park is not good, they are not compatible. Regarding Ord. 1232-87. He would like to have a modification of the 120 day limit. It is almost Sept. We cannot put water & sewer in this year. Spring will be too late for next year. He wanted to be ready by Memorial Day and wanted to get in the Milepost this year. It is too late now. Regarding putting water & sewer in for another user, if this is predicated on that, it is dead for this year. Councilman Ackerly suggested Mr. Garnett could move faster than the City can. He could do to City spe:s and we could buy from him. Mr. Kornelis replied, he can put it in, but we do not reimburse him. Mayor Williams noted there is air traffic there. The noise factor is a concern. He asked if the area past the cemetery at the end of the airport was any good. Airport Manager Ernst replied, it extends out but it does not mean we cannot construct. Mayor Williams said it might be more appropriate and expedient to do it over there. It does not have to be completely cleared. Mr. Garnett noted it is almost completely open now. They are nearer water & sewer there. There are 3 quonset huts there. You could not see 30 units from the street. It has 3 advantages: a) it is open, you do not have to destroy trees, b) it has good aesthetics, c) it is close proximity to water & sewer. Councilwoman Bailie said the land by the cemetery and ball fields, he can put in a well and septic system as Mr. Treet has done. Mr. Garnett replied it would need a holding tank. The cost of pumping over a few weeks is too high. He cannot get a septic tank. Councilwoman Bailie said the problem with Daubenspeck property is it will be a temporary park, 4-5 years maximum. It is too valuable for an R/V park. 30-50 units would be $45,000; it may be up to 60 units and would cost more. The location by the ball fields is pretty. Mr. Garnett said there is a cabinet shop, trailer yard, FAA and 3 ball fields. Councilwoman Bailie said it is as pretty as the Daubenspeck property. There is FAA antenna farm, quonset huts, a metal building and bluff that sloughs. The other area is within walking distance to town. Mr. Garnett said he wants a permanent site. Mayor Williams said there may be other lands available in a few years: old Town, BOR land at the little league ball park. It may be good to start at Daubenspeck. We cannot work with FAA KENAI CITY COUNCIL AUGUST 19, 1987 or BOR in 30 days. Mr. Garnett raid he would like the ball park property. There is need for people that go ov W_ I to tournaments. it is perfect for tent camping. It &; would need rest rooms. it is secure and could be for mobile homes also. Councilman McComsey noted the $1,425 figure, is that going to be the figure put into the lease so it is the maximum we will pay? Mr. . eil; Garnett replied, it can be, if other property cannot be freed up, he will, not build any more. He will move, but he would want his money back. Councilman MCCOMBOY asked if Mr. Brighton could talk to FAA this week. g N, 11�.­�CN, R" Answer yes. Councilman McComsey said, if that can be . . . . . . . . . . freed up and we can put water & sewer in next Spring, and roads were in that far, he would be ready to book up. Mayor Williams asked, what is the earliest we can get into the ground? Mr. Kornelis replied May. Councilman McComsey asked, how long would it take to complete? Mr. Rornelis replied, 2 weeks. Councilman Ackerly suggested he could use holding tanks till it is complete. We could build in winter. Mr. Brighton noted if FAA approves this, he will be charged rent for 12 months per year. Mr. Garnett replied they could not charge for 12 months. Mayor Williams explained, FAA says you must charge fair market value. He noted, at IV the Daubenspeck property we could charge $1 per year. Finance Director Brown noted if water & sewer is added and the road is up -graded, the value will escalate. Councilwoman Bailie asked if a structure over one story could be built at the ball fields. Admin. Asst. Gerstlauer said she just had an appraisal at $95,000 per acre with the same restrictions for building. Mr. Garnett said this is a conservation area. Councilman McComsey asked, what will the City get from this? Mr. Garnett replied, a per cent of the gross and rent to retire costs to the City. Atty. Rogers said the Code �d, has proceedings for leasing City lands, but this is unique - it is almost a joint venture. He asked for a chance to review the ordinance and asked Mr. Garnett if he had anything in writing. Mr. Garnett replied, just general, he would like to sit down with Atty. Rogers. yrra Atty. Rogers said his initial reaction Is we cannot do this. He must pay rent and assessments. Mayor Williams said the value of a mobile home park in the City should be reviewed. We can lease as we want to. This is in the best interests of the City. He suggested Atty. Rogers review and City Manager Brighton talk to FAA. Mr. Brighton noted the last sentence in the ordinance will have to be amended. Atty. Rogers noted the ordinance does not provide compensation, but it does not preclude compensation of some other type. He suggested Admin. Asst. Gerstlauer send Mr. Garnett a copy of the Code for Mr. Garnett to present a written lease. Councilwoman Bailie asked, what about approaching Fish & wildlife in old Town to see if they would allow a camper park? ADDED ITEM (Fish & wildlife Property old Town): Mr. Brighton replied, he spoke to Joe Mazzoni this date. The Anchorage office was under the impression the City had no interest in this real estate. Mr. Brighton indicated the City did have an interest. It fell through the cracks because: a) They had not put a fair appraisal on the real estate for the proposed exchange. b) They indicated the Natives had no interest, at a later date the Natives indicated interest. The City could still get title to the property. He thought there was room for negotiation. Mayor Williams noted we are discussing a joint use KENAI CITY COUNCIL AUGUST 19, 1987 PAGE 12 agreement with Neil Johannsen, we may not want to offer a swap. There may be a chance for $1 per year lease. We have not followed up on this because of Native concerns. They want to trade for ANWR. He suggested waiting till this is settled. ADDED ITEM (City Bicentemial)s Mayor Williams noted he was interested in holding the Fish & wildlife land for the City Bicentennial in 1991. He would like to consider it for the International Conference on Russian America. R/V PARK (contd): Mr. Brighton said Mr. Mazzoni had indicated our walkways are on par with those at Potter Marsh and would have no bearing on the trade. Mayor Williams further explained, Rep. Young had said he could help with the $1 per year lease. Councilwoman Bailie said there is an area in Old Town designated for a camper park. It would be perfect for the 1991 Bicentennial. VOTE (Failed): Yes: Mccomsey, Williams No: Ackerly, Bailie Tie vote fails. Councilwoman Bailie suggested Administration come back with alternate sites for camper parks - by the baseball diamonds, old Town, the little league fields. Council agreed to the suggestion. I. ADMINISTRATION REPORTS I-1 City Manager City Manager Brighton spoke. a. Jack Brown, People Count, was in City Hall this date. The school district has made a proposal for 5,300 sq. ft. in Kenai Elementary for People Count. He feels the proposal is too high, but there is room for negotiation. In the interim, Dr. Hansen made a proposal for the 2nd floor of his building. It is a better offer. Mr. Brown was concerned if he pursued this offer, the City would be upset and he would lose their support for Dr. Hansen's building. He is going back to the school district for a counter -proposal. He cannot get a contract for more than 9 months with the school district, and the rent was higher than Dr. Hansen offered. b. Regarding the E.M. Knight presentation (item B-3), when people speak regarding employees without factual basis. When Council gags Administration, it leaves the integrity of the person in doubt. He has total confidence in Public Works Director Kornelis' action. It was in the best interest of the City. When an employee has his integrity questioned and cannot respond, it leaves a bad taste for the employee and Council. Councilman Ackerly asked, what would he suggest? If we go to Court, we cannot have a response. Mayor Williams suggested we could go into executive session. Atty. Rogers replied Council will know the rest of v KENAI CITY COUNCIL AUGUST 19, 1987 PAGE 13 the story when there is litigation. Mayor ze = Williams noted, that could be some time. c. Mayor Williams asked, regarding the dock facility, is there room for tightening of the regulations 42 t j rn now that we have used it? Mr. Kornelis replied yes, one of the problems is we leased 2 spaces. Fishermen will go to the person who gives them the most money. Allied Processors had the largest area and the least amount of fish. He will work it out with the Harbor Commission. a. (contd) Councilwoman Bailie said, regarding Jack =,{s; Brown's proposal, the school district should Brown's _;�>`J}:`f ,:.L pursue this. Someone should appear at the next board meeting and urge the district to look :K� school at possible tenants. �f T 3�ETCs> I-2 Attorney y j Atty. Rogers spoke. a. Regarding the APUC appeal, material distributed this date. Whichever way it goes, it will go back up (to Supreme Court) . b. Regarding utilities relocation. It will be at the Legislature next year. It will probably get a decision toward the end of the session. Mayor Williams complimented the attorneys on the ` material. Councilman Ackerly asked if any cities y ';. �-��s ,: will join us. Atty. Rogers replied we are alone. We had people on our side, but not in writing. Other municipalities have paid for years and hope they will not have to show why they paid. Due to the high turnover of municipal attorneys, there is no continuity. I-3 Mayor a Mayor Williams spoke. a. b. e. He attended the christening of the new SeaLand vessel 8-17. It was built in American ship yards, has American crews, etc. There are 3 ships. Mrs. Murkowski did the christening. There was a speech by Sen. Murkowski. He had some good ideas for the dedication of the Memorial Park. There were about 600 people, bands, singing and balloons. He visited the Governor's office the same day regarding the new committee for 15 separate agencies on energy conservation. He is at odds over the Governor's appointments. There are none from the Peninsula. The economy started with oil on the Peninsula. We also discussed Bradley Lake. We supply energy, etc., and have no representatives for that either. He visited the International Trade office (Dan Dixon) the same day and discussed trade with China. He also visited the Oil & Gas Division of Union Oil. He has concerns regarding drilling rights in the basin below us. They did not know the answers. He saw Kevin Tabler. They are reviewing the total lands held. Mr. Tabler will send the City a new map indicating all the City interests. He also visited DNR, Neil Johannsen, regarding the viewing area. There is a grant, he urged the City to submit an application. $250,000 - land & water grant, $250,000 from C&RA, a match from the Legislature. He will ask Council for approval to apply for the grant. f A. KENAI CITY COUNCIL ..•w..ww. • n 1 ne-f 8%W%XW J6 17, 17H! PAGE 14 f. g• h. i. j- k. MOTION: He saw Becky Gay and Joe Henri from AK Resource Development Council in Anchorage. They received funds from the Kenai Borough. He visited Seward Manager Ron Garzini and Mayor Giesler in Seward this date. There may be $300 Million in State grant funds next year, they predict $800 Million. He suggested 6 appointments for the new Economic Development Commission: Vince O'Reilly Darren Bond Barry Thomson Jim Carter Bob Scott Jim Elson Councilwoman Bailie suggested the 7th member be a female. Mayor Williams replied it is. Council approved the recommendations. Regarding the fire grounds (item I-3). It is a major training school with over $1 Million per year in the economy. They have problems with the neighbors. Marathon and Wildwood are 2 suggested sites. Councilman McComsey noted Marathon needs many permits, etc. It is Native land, it has much gravel. He added, there are over 400 people in the school. He suggested a student representative for the Library Commission, and requested it be placed on the 9-2-87 agenda. He has asked for an amendment to the Airport Commission regarding residency requirements. Councilwoman Bailie moved, seconded by Councilman McComsey, to direct Administration prepare an amendment to the ordinance regarding Airport Commission residency. Motion passed by unanimous consent. 1. M. Regarding the chemical analysis of City water (item I-3). We have calcium, magnesium, potassium, sodium. Has the Public Works Director reviewed this? Mr. Kornelis replied he has taken the results to 4 engineering firms. They will get back to him. Those he talked to said they did not think we had a problem. Regarding Councilman Ackerly, he has missed more than 1/2 of the Council meetings in a 3 month period. Atty. Rogers explained, Council could have special meetings for the remainder of the month. The requirement is to attend a percentage of meetings. If the number is not held this month, he will automatically forfeit his seat. Council should then appoint a replacement. They could appoint Mr. Ackerly. The filing period is over for the next election, Council can appoint him to Oct. 1988, the conclusion of his term. Mayor Williams suggested Council declare the seat vacant, the charter says a majority of those present can appoint a replacement. Finance Director Brown noted then there is not a quorum, according to Code. Council took no action. L- KENAI CITY COUNCIL % ..i....nw. • w 4 A 0'7 PAGE 15 I-4 Clerk Clerk Whelan spoke. a* b. ce d. e. She has been appointed liaison for the 1990 census (item I-4). ABC has approved transfer of liquor license from Aase to Schilling (item I-4). The Municipal League will be having its conference in Nov. in Anchorage. She will make reservations. (Item I-4) The Comm/Comm secretary job is out to bid. There are 6 candidates for Council: Loretta Breeden Edgar Carle Frank Getty Tanny Miller Marj O'Reilly Linda Swarner I-5 Finance Director None I-6 Public Works Director None I-7 Airport Manager None J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. b. ce d. e. f. Councilwoman Bailie. She suggested Council set a date for a work session with the lobbyist. We could invite the Council candidates. Councilwoman Bailie. The "Welcome To Kenai" sign looks terrible. She suggested we put it at the beginning of the business district and put flowers on it. A small sign could be put in the old site and the sign at the Katmai removed. Public Works Director Kornelis replied we have to have permission from DOT. The Beautification Committee has discussed this. Council agreed to refer this to Public Works. Councilman McComsey. The Kenai Caucus will be meeting Aug. 22 in Homer. Councilman McComsey. He stressed the importance of the fire school grounds (item I-3). It will bring dollars into the City. City Manager Brighton said he spoke to Nikiski fire Chief Willis, they thought the gravel pit would be ideal. Councilman McComsey noted we are getting requests from Europe now, they cannot get into Stateside schools. Mayor Williams welcomed Councilman Ackerly back from school. Mayor Williams. Clerk Whelan was notified of an International Conference on Russian America in Sitka. We could not get it together in time for a contribution. He hoped to have the conference here in 1991. ADJOURNMENTNTEN : Meeting adjourned at 11:30 PM - Janet Whelan City Clerk AMOVED BY COUNCIL DATE a i Y t;a...