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HomeMy WebLinkAbout1987-10-21 Council Minutes• AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 21, 1987 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Certification of Election 2. Swearing in of New Council members 3. Election of Vice Mayor 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Five Minutes) 1. Attorney Rick Baldwin - Dick Morgan, Golf Course 2. Architect Carmen Gintoli - Congregate Housing C. PUBLIC HEARINGS D. 1. Ordinance 1237-87 - Increasing Rev/Appns - Airport Terminal Renovation South - $50,000 2. Ordinance 1238-87 - Increasing Rev/Appns - State Grant and Donations - Library - $10,810 3. Resolution 87-64 - Amending Kenai Municipal Code - Creating Kenai Bicentennial Commission COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Airport Commission 7. Economic Development Commission 8. Misc. Comm/Comm E. MINUTES F. L 1. *Regular Meeting, Oct. 7, 1987 L ask L 1. *Alaska C&RA - Taxable Real & Personal Property of City 2. *Sen. Jay Rerttula - Spur Highway Reconstruction 3. *Governor Cowper - Letter of Thanks 4. City of Seward - Resolution Regarding Fisheries Business Tax 5. Alaska Div. of Management & Budget - Candidate for Coastal Policy Council 6. Senator Ted Stevens - Meeting in Anchorage Regarding Navy Homeport in Alaska 7. *Plant Test Site Advisory Committee Meeting G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Discussion - Representative for NLC Small Cities Council I. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT la KENAI CITr COUNCIL - REGULAR MEETING - MINUTES OCTOBER 21, 1987 - 7:00 PM KENAI CITr HALL MAYOR JOHN J. WILLIA14S PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL A-1 Certification of Election Clerk Whelan reported the results of the Oct. 6, 1987 Regular Election for the City of Kenai. Complete break -down was included in the packet. COUNCIL: Marjorie O'Reilly - 645 Linda Swarner - 439 PROPOSITIONS: Proposition #1 - Passed Proposition #2 - Failed Proposition #3 - Failed TOTAL BALLOTS CAST - 1101 Election certified by unanimous consent of the Council. A-2 Swearing in of New Council Members Mayor Williams issued proclamations of appreciation to former Councilmembers Bailie and Malston. Mayor Williams performed the formal swearing -in ceremony for Councilmembers O'Reilly and Swarner. A-3 Election of Vice Mayor MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to nominate Councilman Measles for Vice Mayor and further moved the nominations be closed. Motion passed by unanimous consent. A-4 Agenda Approval a. Mayor Williams asked that item B-3 be added (Betty Warren, Expansion of Senior Center). b. Mayor Williams asked that item B-4 be added (Bud Galvano, Little League - Petitions for Baseball Fields). c. Mayor Williams noted material distributed this date for item C-1 (Ord. 1237-87 - Airport Terminal Renovation) d. Mayor Williams asked that item C-3 (Res. 87-64) be deleted and replaced with Ord. 1239-87, distributed this date. Ord. 1239-87 would be added as item H-4 on the agenda. s. Mayor Williams asked that item C-7, dated Oct. 16, 1987 (Economic Development Commission Goals & objectives) be discussed. f. Mayor Williams asked that Monte Carlo License Request, Eagles Club - distributed this date - be added as item H-5. g. Mayodaterbyillias ArchitecttGin olied rdistributedial regarding Congregate Housing. Lr I KENAI CITY COUNCIL OCTOBER 21, 1987 PAGE 2 h. Mayor Williams noted the material regarding Capital Improvement Projects Priority List, distributed this date. MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to approve the agenda as amended. Motion passed by unanimous consent. A-5 Consent Agenda Approved as submitted by unanimous consent of Council. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Atty. Rick Baldwin - Dick Morgan, Golf Course Atty. Baldwin, representing Mr. Morgan. He explained the City owns a piece of property off Linwood Lane. Approximately 1983 the land was not being used, the City was approached by Burnetts. They asked for an easement across there to their property. The City said yes, if requirements were met. There were not met. Mr. Morgan decided in 1984 to build a golf course with no knowledge of this. The agreement was he would work it for 20 years and it would revert to the City. He would build the first 9 holes, the second 9 holes would be at his option. Earlier this year he indicated he would exercise his option to take the second 9 holes. The Burnetts objected. Mr. Morgan attempted to mediate this. It was not resolved to Burnett's satisfaction. Mr. Morgan was given a lease, he began the second 9 holes. The Burnetts filed suit and put a cloud on the title, so Mr. Morgan could not finance. He has cleared the area with his own money. It was to be playable in August or Sept. Sept. 18, 1987 the City sued Mr. Morgan. Mr. Morgan is now in retirement, this is no longer fun. It is too expensive to litigate with the City. He has to spend money to get lawyers. Atty. Baldwin is asking the City what Mr. Morgan did. Why did the City sue him when he was trying to do something good for the City? He asked they not say, because the attorney said it was a good idea. He noted his clients say if it is good idea, his clients set policy. This is a poor policy to sue somebody that is trying to do something good for the City. He requested the City not sue Mr. Morgan unless they can tell him what he did. If he has wronged the City in some way, go ahead and sue him "because it is good idea." Mr. Morgan has authorized Atty. Baldwin to come to Council this date and ask Council to reconsider suing him. If Council wants to go ahead with the law suit, he asked that the City take the golf course back. He will walk away. Councilman Measles stated this is the first time Council is aware that the City is suing Mr. Morgan. This upset him very much. This should not be done without Council notification. Atty. Rogers explained, Atty. Baldwin called him last week and said he would be at Council. He took issue with Atty. Baldwin. we now have a record of his side of the issue. The Burnetts filed suit against the City and Mr. Morgan. In response we filed cross -claims against Mr. Morgan saying if we were responsible for Burnetts, under provisions of documents signed by the parties, they provide Council directly documents rK4ip- KCNAI \ilii COUNCIL = OCTVl3ER 21, 1987 PAGE 3 available to Mr. Morgan because he objected to them. They were available to Mr. Morgan and his attorney. They edited them and made changes. When they were satisfied the documents were brought back and approved by Council. One provision was that Mr. Morgan would indemnify the City for any claims against the City that we were required to pay. He is also upset with Atty. Baldwin. From the telephone conversation last week that he would be here, Atty. Rogers was surprised if Mr. Morgan did not ask for some relief. He is also disappointed in the characterization. That document provides indemnification to the City for claims against the use by Mr. Morgan. Atty. Rogers' cross -claim is because of use by Mr. Morgan. He also claimed there was notice. At the work session, the claims of the Burnetts, the physical condition of the property, the conditions were readily ascertainable by visual inspection. If it is Council desire (this should be by executive session) not to exercise their legal rights, we can discuss this. But to characterize this as a suit initiated by the City Attorney is not accurate. We did not join the Burnetts. We did not make Mr. Morgan adjoin, the Burnetts did. He maintained that Mr. Morgan is an indispensable party in the litigation. His rights will be affected by this litigation. He will not debate Atty. Baldwin in public forum. Mayor Williams suggested at the Oct. 22 work session, Council could have an executive session. Atty. Rogers replied he would not be here. Mayor Williams said he zi =s could schedule an executive session. He asked Counc 1 not to discuss this openly since this is in litigation. 2 Atty. Baldwin replied, to the extent that any comments would be taken as an attempt to disparage Atty. Rogers, he would retract anything he has said. That was not his attempt to impugn Atty. Rogers. Mr. Morgan feels he has been sued. J Councilwoman Monfor said she found it incredulous that we are still dealing with Burnetts and Morgans. She would like to get this closed up as soon as possible. Mayor Williams noted it is within Council realm to have an executive session. Councilwoman Monfor said she is =<' scheduled to go Outside Oct. 22 for an indefinite time. If Council wants an executive session this date, she is willing to meet. Atty. Baldwin noted Mr. Morgan is out rL`u= of State, there is no time crunch within the next month ;sq or so. It needs to be resolved, but there is no urgency for the next 30 days or so. Atty. Rogers said he called him last week and asked for an agreement of no response for 30 days. He said he could have an indefinite continuance for answering our cross claim. The litigation is on hold. He believed the Burnett property may have changed hands. He asked Atty. Baldwin if this was so. Atty. Baldwin replied he had heard rumors. Councilwoman Monfor stated we should wait. She suggested the 2 new Council members get the background information. Atty. Rogers replied he will F w_ redistribute to the whole Council. ADDED ITEM: Mayor Williams noted Son. Fischer was in the audience. He added, Son. Fischer has introduced a bill for $161,000 to be used for study and implementation of Congregate Housing for Kenai. B-2 Architect C. Gintoli - Congregate Housing. KENAI CITY COUNCIL ni-murTt 71 14A7 PAGE 4 Mr. Gintoli reported he has been working with City Manager Brighton, Son. Fischer, Hospital Administrator Mike Lockwood and the Council on Aging. An agreement has been signed. It is time for a feasibility study. Dennis Murray will be working with them. They will be looking at demonstrations, neighborhood services, needs of the elderly, etc. After the study is completed, they will work on design. There are 3 scenarios: if it is needed, how big and how much it will cost. The Lutheran Homes Services will be doing this. Mr. Gintoli will do the sight analysis and survey (the property has not been platted). McLane Surveying will do the soils investigation, Code review, physical character of the site regarding utilities and access relating to the Senior Center. Mr. Gintoli will prepare a program for the project, schematic designs, and site plans. Estimated total cost is $69,300. Councilwoman Monfor asked why we are not going out for Request for Proposals from other architects. There is another one in the City. City Manager Brighton explained, it is not necessary to go out for proposals for professional services. The City was looking for free help to this point, Mr. Gintoli was on this and other projects. He provided hours of help to get this done. There is no lock -in with the architect, but from Administration's standpoint, we have felt that Mr. Gintoli's work and performance as inspector has provided more dedication and sincerity for the City than almost anyone else. Administration would recommend Mr. Gintoli. He added, after consulting with Sen. Fischer, there seems to be enough money, projected costs are extremely reasonable. The project needs to be done as soon as possible to release to Sen. Fischer. We have questioned for about a year why the funds have not been released to the City. We anticipate we would have the money 2 weeks after approval. Councilwoman Monfor asked if the feasibility study by Lutheran Homes for $36,000 - does that go to the State or back to headquarters? Mr. Lockwood replied, part to each place - most goes to salaries. Councilwoman Monfor asked if there was a local group that could do it. Mr. Lockwood replied there are no people in the State capable of doing this. Providence Hospital has their own planners but do not have time to do this, he has asked. City Manager Brighton asked Council to authorize Administration to prepare a contract carrying out the specifications Mr. Gintoli has prepared to have available once the money is appropriated. He anticipates the money should be appropriated this week, but we could not have an ordinance till next meeting. Councilwoman Monfor asked Sen. Fischer, once we do everything we have to do to get the money, what is his feeling of the money coming out of Juneau? Sen. Fischer replied, he is optimistic about it. He is looking at jobs after it is built. If we can keep costs down to $3 Million to $4 Million, there is a good chance. There is a law suit involved. The City should be in a position to go ahead when it is ready. That is a good selling point. He is concerned about cost of things when the State does a project. The City will be a model to the rest of the State that it can be done for less and will be a model of efficiency. We know we will not build a pioneers' home. It should bring Kenai and Soldotna together. He is willing to fight for it. He does not look at this as "part of the fair share for Kenai." The City is coming forward to say there is a need for seniors. This is totally different than road money. s�€ KENAI CITY COUNCIL OCTOBER 21, Iva/ PAGE 5 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, that City Manager Brighton enter into an appropriate contract and get this project off dead center. Motion passed by unanimous consent. B-3 Betty Warren - Expansion of Senior Center Betty warren, vice President, Council on Aging- She read the resolution from the Council on Aging supporting expansion of the Senior Center. She noted on Oct. 20 they had 90 people for lunch, they have served 900+ meals over projections, they raised $2,000+ over projections. They cannot find parking places. They had a 16th anniversary party, of the original 25 people there were 3-4. They have a happy center, good meals, the programs are great. It is a home away from home. The appreciation from the senior citizens at large is great. More people are growing older. They asked Council to take this under advisement. Mayor Williams noted the discussion with Mr. Gintoli and the Lutheran Homes suggested the congregate housing be designed so that the current food facility and dining room be the same. He would like to expand them if we get the money. If we do not, we will have to have a contingency plan. MOTION: Councilwoman Monfor moved, seconded by Councilman Mccomsey, to accept the resolution from the Council Aging regarding expansion of the Senior Center. Motion passed by unanimous consent. B-4 Bud Galvano, Little League - Petitions, Baseball Fields Bud Galvano, Board of Directors of Little League and umpire consultant for Little League Dist. #1. He represents 500+ Little League players and 700+ adults for a petition to add baseball fields to the Capital Improvement Projects priority list. This is a volunteer organization, self supporting, with adult volunteer work projects. The benefits are many: it instills teamwork, fair play and discipline. They do not allow use of language that would refer to other players, no alcohol or tobacco. Those that play Little League are better equipped to face growing up physically and emotionally. The City plans to use the current fields for an R/v park, and offered another field. They are happy where they are, but they do not want to stand in the way of the City getting revenue. They could build one field per year at the new location, but if they are put on the City Capital Improvement Projects priority list as getting financial aid, they could do it faster. It may be 3-4 years. An example of the benefits: the Soldotna tournament had 8 teams from Outside for the first time in their history. They send 6-18 teams Outside every year. 3,500 people came up. The community benefited. They could do the same for Kenai. They have delegates going Outside soon to get more tournaments. This is more cost-effective than money spent on cheer leaders and football teams in the schools. Councilwoman Monfor said last year we had a delegation here working for new ball fields. We put in $25,000 and had the dump site platted. It was not VV.XhT rT9'V f'ATWOTT. OCTOBER 21, 1987 PAGE 6 the intent of Council to put in an R/V park. Mr. Galvano explained they had heard there would be an R/V park there. They are happy where they are and want to stay. Mayor Williams explained, since Council action taken to set aside that land to develop Little League fields, there has been a change in Little League. He explained to them Council would not give anything away without assurance of stability. Councilman Measles explained, it became apparent Little League would lose the dust bowl. Without that, if the City could provide fields in addition they could get by. The idea was to have all in one location. When it is spread out, Little League loses the effectiveness of the concession stand. Mayor Williams said Council had been working for some time for an R/V park. That area has been discussed, we have not come to a conclusion. It is BOR land, *.a do not know if we can use it. Council needs to come to a decision if we want to develop ball fields there or some other area and combine. Are we willing to set aside the cost, $175,0007 To combine the fields would be good for Little League - the present area is windy and cold. City Manager Brighton noted the group needs assurance where Council is at this time. Council has back-burnered any thought of an R/V park at that site. But Council has had the area platted for proposed ball fields on the basis the Board would come up with volunteer help to do leveling, tree cutting, etc. to help costs. They are not in jeopardy of losing the present site. They can enhance what Council has done by performance that would help the City alleviate costs to enlarge the facility. Mr. Galvano explained they thought they would have to do 5-6 fields in one year. They can do some work. Mr. Brighton explained, if they did one per year, Council would accept their good intentions. Mr. Galvano said they want assurance it will not be taken from them. Mr. Brighton noted their actions show that. Councilman Ackerly added, that is the best use of the land. Mayor Williams said we have had the land platted and set aside for Little League. The time frame is conjecture. Councilwoman Monfor asked about the money set aside last year. Mayor Williams explained it was not for just this project. Councilman Measles said the $25,000 was set aside to start development of the new Little League park. Clerk Whelan was asked to research the minutes regarding use of the funds for the Oct. 22 work session. Councilwoman Monfor asked, of.the $25,000, how much is left? Accountant Parnell replied, if it was in General Fund, it reverted back at the end of the year. Recreation Director McGillivray said some was used for platting in the new area. A small amount was recently appropriated. There is approximately $20,000 left. It was Rec. Commission request to develop new fields because the dust r.,wl would be lost. It was not for a specific reason. As far as Little League is concerned, they have met with them. Somewhere along the way, an R/V park came about and they panicked. Council and the Rec. Commission have not approved the R/V park. The Rec. Commission felt the new area should be used for other activities besides baseball. Mayor Williams assured Little League there will be no changes in the next season. Councilman McComsey said there is water & sewer at the edge of the property, they could run it into the property for concessions with the $20,000 balance. Rec. Director McGillivray noted the funds are Federal Revenue Sharing, the money is still available. Councilman Ackerly suggested Little League continue meeting with Rec. Director McGillivray and work out the problems. Mr. Galvano noted he has 700 t KENAI CITY COUNCIL OCTOBER 21, 1987 PAGE 7 signatures on petition. Mayor Williams suggested they be brought to the Oct. 22 work session. C. PUBLIC HEARINGS C-1 Ord. 1237-87 - Increas. Rev/Appns - Airport Terminal Renovation, South - $50,000 FYTO--, 4C*)d n Councilman Measles moved, seconded by Councilman Mccomsey, to adopt the ordinance. PUBLIC COMMENT: a. Bill Kluge, Architect, Tangent Building, Kenai. Regarding submitting professional proposals for work for the City. In the past the City has set a precedent regarding proposals for professional services. Regardless of whether they have worked better with one than others, they have continued requesting proposals. He has lived in Kenai for 6 years. He worked on the 1982 documents for renovation of the airport terminal and senior citizen center. He would be glad to submit references. He would have liked to submit proposals on the airport terminal and would like to be included in future projects. Motion passed unanimously by roll call vote. C-2 Ord. 1238-87 - Increas. Rev/Appns - State Grant & Donations - Library - $10,810 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Librarian DeForest explained, the grant is from the State Div. of Libraries for literacy purposes. They will purchase books and other materials to aid literacy programs: tutors, education and handicapped. They will keep the material in the library for all to use. Motion passed unanimously by roll call vote. D. COMMISSION/COMMITTEE REPORTS D-1 Planning & Zoning a. Mayor Williams noted Commissioner Misshou resigned. b. Councilwoman Monfor said in previous years, before Council work session regarding Capital Improvement Priorities, Council has asked Planning & Zoning to review and make recommendations. We are remiss to not have their input. Mayor Williams asked if they have discussed the Capital Improvements List. Councilwoman O'Reilly replied, not to her knowledge. They have not met in a month. Councilwoman Monfor suggested they be asked to attend the Oct. 22 work session. Clerk Whelan was asked to contact the Planning & Zoning members. D-2 Harbor Commission KENAI CITY COUNCIL n�.nv►nve �� � oo� yr wrw� •, ♦iv PAGE 8 Commission Chairman Quesnel noted he intends to be at the Oct. 22 work session. D-3 Recreation Commission Recreation Director McGillivray said they do not have a student representative. Mayor Williams asked Councilman Ackerly to submit suggestions from the high school. D-4 Library Commission Councilwoman Swarner said they had no meeting in October. They had a trustee's workshop. She suggested a representative from the Growth Company speak to all Comm/Comm members. The State Librarian visited the library and was impressed. Mayor Williams said after the 1st of the year he will try to develop a seminar, and asked Councilwoman Swarner to give the material to Clerk Whelan. Councilwoman Swarner noted they need a new member. D-5 Council on Aging Program Director Porter said they need an ad hoc member. D-6 Airport Commission Councilwoman Monfor asked if the 8160 paid to the airport when the 747 landed had paid for the broken lights. Airport Manager Ernst replied the cost was minimal. The greatest cost was wiping mud from the lights. D-7 Economic Development Commission a. MOTION: Chairman O'Reilly reported drafts of the Commission Goals & Objectives and Policies were in the packet. There are 4 points to review: 1) What will be the designated areas of responsibility of the Commission. 2) Projecting where the community will be in the future. 3) Establishing of a local data base. This was sadly lacking last Fall when there was an element of local panic in the business community. Various groups had some information but not one place for all of it together. As a result an atmosphere of fear crept through the community. The businessmen did not order inventory for Christmas. 4) It will be a blue print of how economic development will be handled in the future. They are eager to go forward but this had to be done. Economic development affects everybody and everyone has an opinion. Mayor Williams said, regarding the data base. He had a meeting with Dept. of Labor. The data for labor and employment in Kenai/Soldotna is 1984. They have Statewide for 1987 and Gulf Coast for 1985. How can we develop any plan in this day & age based on this data? Chairman O'Reilly explained, they have to have Council approval of Goals & Objectives to get there. Councilwoman Monfor moved, seconded by Councilman McComsey, that Administration prepare a resolution to KENAI CITY COUNCIL �i.rwne.e.. 1%1 1 noH WiVi►�i\ ii, i�V I PAGE 9 adopt the Commission Goals & Objectives for the Nov. 4 meeting. Motion passed by unanimous consent. b. City Manager Brighton said at the Oct. 1 meeting the Economic Development Commission voted unanimously to send a representative to the Chamber of Commerce meeting in Juneau, and the City pay 1/2. It will nosy have to be approved by Council. The total is $454.81. It should be approved prior to travel. It would have been questioned by Administration if they had been asked, as the representative is president of the Kenai Chamber of Commerce. It is a Chamber responsibility. MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to pay the $454.81. VOTE (Passed): Yes: Williams, McComsey, Measles, Monfor, O'Reilly, Swarner No: Ackerly c. Councilwoman Monfor suggested Chairman O'Reilly attend the Municipal League meetings at City expense. Chairman O'Reilly explained that was discussed at the meeting. There is only one meeting on economic development. City Manager Brighton noted MFOA will have an economic development meeting and Municipal Managers will also. Chairman O'Reilly said a lot would be gained by the meeting with State and other City economic development representatives. He suggested sending another commission member. Mayor Williams asked Chairman O'Reilly to arrange someone to attend and notify Clery Whelan. Council agreed to the suggestion. D-8 Misc. Comm/Comm a. Councilwoman Swarner said she attended the Plant Test Site meeting (item F-7). They reported on their successes and failures. Some trees succeeded, they will plant more. There is a wind break planted. b. Mayor Williams reported on the proposed Kenai Bicentennial He spoke to Sen. Fischer and the Economic Development people. There may be up to $40,000 from the National Endowment for Humanities. There is growing support. E. MINUTES E-1 Regular Meeting, Oct. 7, 1987 Approved by Consent Agenda. F. CORRESPONDENCE F-1 AK C&RA - Taxable Real & Personal Property of City F-2 Sen. Jay Kerttula - Spur Highway Reconstruction F-3 Gov. Cowper - Letter of Thanks F-4 City of Seward - Resolution Regarding Fisheries KENAI CITY COUNCIL OCTOBER 21, 1987 PAGE 10 Business Tax Approved by Consent Agenda. F-5 AR Div. Management 6 Budget - Candidate for Coastal Policy Council Mayor Williams asked if there was any benefit for the City. City Manager Brighton replied he does not know. Under the old policy there was substantial money to the City that the Harbor Comm. used. aayor Williams suggested this be turned over to the Harbor Comm. for review. Councilman Ackerly noted it has to be an elected official. Councilman Measles asked if the Borough was submitting a replacement. Borough Assemblyman Hodgins (from the audience) replied he did not know. Council agreed this should be a Borough responsibility. F-6 Sen. Ted Stevens - Meeting in Anchorage Mayor Williams explained the meeting will be to show we have a major airport. They cannot anchor in our harbor but can use the airport for emergencies. The City can also express a desire for the Air National Guard base. The City will send a representative. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilman Measles moved, seconded by Councilman McComsey, to approve the requisitions as submitted. Motion passed by unanimous consent. H-3 Disc. - Representative for NLC Small Cities Council Mayor Williams noted it has to be an elected official. Councilman Measles noted City Manager Brighton has attended meetings, is it worthwhile? City Manager Brighton explained he is a member of the Small Cities Council for non -elected officials. He has yet to have a concentrated session which he thought was advantageous to Alaska. it is substantially better for cities in the States that are close to big cities. Housing, transportation are discussed. He tried to get on the agenda regarding Federal Revenue Sharing but could not. If Council recommends an elected official, he should come off. Council agreed to have Mr. Brighton remain on the Council for non -elected officials. r HIMIT t%TTV CnIIU(M. OCTOBER 21, 1987 PAGE 11 H-4 Ordinance 1239-87 - Amending KXC - Establishing Kenai Bicentennial Commission MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to introduce the ordinance. Councilman Measles asked if there is a need for a sunset clause as the Bicentennial is 1991. Mayor Williams explained, if we develop a major facility, they may have to continue. Councilman Measles noted would need a name change at that time, it would be a new commission. Mayor Williams asked that they wait till 1992. Motion passed by unanimous consent. H-5 Games of Monte Carlo Application - Eagles MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the application. Motion passed by unanimous consent. I. ADMINISTRATION REPORTS I-1 City Manager City Manager Brighton spoke. a. b. C. d. it The Kenai Peninsula Caucus statement of Legislative Position distributed this date. Council authorized paying the dues. He thought they should be informed of their position. It lists dues that are to be paid and who has paid. one resolution the Caucus endorses is Funny River Frontage Rd and a bridge at Sterling. Administration has not sent the dues in yet. He asked the Finance Dept. to hold till the Borough decides whether they will pay their dues. If the Borough pays, we should pay. If they do not, he is not sure it would be appropriate to pay the dues. Regarding item Info #5 (Natural Gas for Fairbanks Project). If it is of sufficient size, there may not be a pipeline. The Kenai Fire Dept. and the Borough Fire Depts. have acquired the State Fire Fighters and Fire Chiefs convention Sept. 19 through Sept. 24, 1988. They have put a balanced budget together without a request from the City. We will help if needed. There will be 200-300 people. If the new Council members want to set a time to meet in the City Hall, they will have a brief orientation with Dept. heads. He will also schedule a tour of all facilities for Council. Atty. Rogers noted Code books will be provided for new Council members. I-2 Attorney Atty. Rogers spoke. a. He suggested Councilwomen O'Reilly and Swarner review Kenai vs PUC and item Info #13. L- .CIA i�etiisi a.Iii a.v'vi OCTOBER 21, 1987 PAGE 12 b. He has made a preliminary pleading regarding Western Marine litigation. He will not be informing Council of every plea. a. The Airport Cafe is closed. The person operating purportedly assigned the business to Metropolitan Mortgage. It was not approved by Council. He maintains it is an annullity (sic). It was sublet for a few days and is now closed. Their attorney says Metropolitan Mortgage will not operate. The City position is that Lynn Jones still owns it and the premises are abandoned. There will be a renovation of the premises. The facility is for the convenience of the traveling public. There is a distinct possibility of a sole source contract till we start renovation. He discussed this with Sandra Daniels (owner of the bar). She is receptive. It would be basic services. Council should review this. They have pizza in the bar now. He is trying to get it open on a short term basis. He did not think a Request for Proposal was a good idea. Council agreed to have him go ahead. Atty. Rogers noted it could be 2 weeks to a month to open. Mayor Williams suggested the Senior Citizens run a coffee and donut bar in the mornings in the interim. Project Director Porter noted they would need rides to the airport. Councilman Measles noted he did not like the idea of food and drink in the lobby. Mayor Williams asked Administration to expedite the action. Atty. Rogers said he would do this as soon as possible. He has changed locks, there may be some litigation. I-3 Mayor Mayor Williams spoke. a. The letter regarding Comm/Comm sent to Council. He asked Council to volunteer for ad hoc positions. He would like a meeting Nov. 19 with Comm/Comm for review of the past year and future goals. He asked that all comet/comm have their goals approved by that meeting. b. Regarding the Historic Preservation Society of Alaska. Corporate membership is $100 per year. Council agreed to the expenditure. c. He wrote to Gov. Cowper regarding space in City Hall for an office of the Governor. He suggested it be rent-free. The City received $360 from Div. of Motor Vehicles. Councilman Ackerly suggested offering at the same price and be open for negotiation. City Manager Brighton noted that would not influence them. They already have offices and help available. Mayor Williams said their intent is to move in with Legislative Information offices in Soldotna. He will discuss it further. d. He met with the Borough Economic Development Districts. 7 of the 15 member board are elected or employed members of cities of the Borough. It is a non-profit organization. The problem is we have 15 comm/comm now and only 7 Council members. Someone should be a representative. We should KENAI CITY COUNCIL OCTOBER 21, 1987 PAGE 13 e. f. 9. keep our eye on it. Council recommended Finance Director Brown. Regarding the City Christmas party. Council agreed to have it Dec. 30 at the Senior Center. Regarding Capital Improvement Projects Work Sessions. Sen. Fischer feels if we get onto the Governor's list it has a better chance. There is $400 Million in CIP moneys. Councilwoman Monfor noted every year we do it right, that is not the answer. Mayor Williams replied there will be changes in the format, but not great changes. A draft was distributed this date. This is an election year. The lobbyist is pushing to have this done. Councilwoman Monfor suggested meeting with the Legislators on Dec. 9 in the Library. Council discussed meeting dates. NOTE: these have amended to the following: Oct. 22 - work session Oct. 26 - public hearing Oct. 27 - public hearing and special meeting Regarding R/V ordinance. Council agreed to discuss at the Oct. 22 work session. I-4 City Clerk Clerk Whelan spoke. a. b. She reminded Council to contact her regarding their schedules for AML in Nov. The AK C&RA work shop for elected officials has been scheduled for Oct. 29 & 30. There has not been good response and it may be cancelled. NOTE: this was cancelled. I-5 Finance Director None I-6 Public Works Director Public Works Director Kornelis reviewed the memo regarding street lights (item Info #16). City Manager Brighton noted if we continue to put street lights in, there will be one for each street in town. We cannot afford that. Councilman Ackerly noted people can put in their own, he did. Councilwoman O'Reilly noted in Woodland, in the old section there are street lights through out, there is not in the new section. Mr. Kornelis explained, they were put in by the developer. Mr. Brighton suggested, in addition to asking the bus drivers, Public Works and the Police Dept. can identify what they consider necessary for health and/or safety. Mr. Kornelis noted this was done by the bus drivers but was not investigated by Public Works. Councilman Ackerly noted the bus drivers asked for some where there were lights on opposite corners. Mayor Williams noted we will not be reimbursed by the State, we will pay for them forever. Mr. Kornelis said we do not know the school bus stops. Councilman Measles said the school has a list of all stops. I-7 Airport Manager None J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD KENAI CITY COUNCIL OCTOBER 21, 1987 PAGE 14 a. Father Targonsky, Russian Orthodox Church. The stop sign in the post office parking lot should be a yield sign. Many go out at the "enter" side. Mayor Williams replied that is private property, we cannot do anything. Fr. Targonsky noted it enters onto a City street. Police Chief Ross explained, the post office cannot change it. Even if it was posted, it is a presumptive stop. b. Councilwoman O'Reilly thanked Council for the warm �glhan McComsey. The Kenai Borough Caucus. c' The resolution in the packet was informational only. If Council wants to support this, he will report the meetings. d. Councilwoman Swarner thanked Council for the warm welcome. e. Councilwoman Swarner. She asked Public Works Director Kornelis if there could be 2 poles on Spur Highway for a welcome sign during conventions. What will it cost? Mr. Kornelis replied he would have to check with the State. We would have to have a permit. f. City Manager Brighton noted the Union Pacific Resources Co. will drill an exploratory well off Kalgan Island. The staging area will be Kenai airport. There will be 34 employees. If it is fruitful there will be 3 more wells. g. Ruby Coyle, Barabara Dr., Kenai. Has there been any report on the new dock facility? City Manager Brighton replied there was on at the Oct. 7 meeting, it made money. h. Councilman Ackerly, regarding Community Schools. We have reached an agreement with the School Dist. but we are providing more. Mayor Williams asked if we had to take action. Atty. Rogers suggested Council take a careful look. The hourly figure is not that. They will come back. There is no limit on the contract. There is no liability on the facility. It will be more than the gym. The City is agreeing it will pay for damages and costs, whatever they will be. He did not recommend it. Rec. Director McGillivray said he questioned the way it was written. It is protection for them, not us. It was not drafted by the City. The number of hours was over what we used last year. He gave them a lower figure. The hours stated for their use were lower than actual. City Manager Brighton said we would not sign till he has authority from Council. He suggested the attorney send a counter -proposal. Mr. McGillivray said they will use the gym Oct. 31. Councilman Measles noted this is before the agreement is signed. i. Atty. Rogers said Legal Asst. Sutcliffe will be here while he takes personal leave. Mayor Williams cautioned the new Council members regarding discussion of the golf course litigation or any litigation. ADJOURNMENT: Meeting adjourned at 10:22 PM. )J� Janet Whelan City Clerk AMOVO by COUNC& [L--y r 7 ;XaUy VATS i�i r cmc - T t