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HomeMy WebLinkAbout1987-11-18 Council MinutesKENAI CITY COUNCIL November 18, 1987 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. wILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. James Misko - Kenai Professional, Ltd. - Temporary Reduction of Rent on Existing Land Lease 2. Mr. Carmen Gintoli - Airport Terminal Renovation Schematics C. PUBLIC HEARINGS 1. Ordinance 1219-87 - Amending Kenai Municipal Code Title 14 - Providing a Definition of Recreational Vehicles and Amending the Land Use Table to Provide for Recreational Vehicles Parks 2. Ordinance 1239-87 - Amending Kenai Municipal Code by Adding Chapter 1.59 - Kenai Advisory Bicentennial Commission and Amending Kenai Municipal Code Section 1.90.060 3. Ordinance 1239-87 - Substitute D. COMMISSION/COMMITTEE REPORTS E. MINUTES 1Ay':1s.- a F. CORRESPONDENCE 1. *Chamber of Commerce - Council Representative Meet with Chamber 2. *Alaska Statewide Private Industry Council - Availability of Job Training Partnership Act Funds 3. *University of Alaska, Fairbanks - Lease for Lands for Mining & Patroleum Fire Service Training 4. *L.G.P.D. - Pertaining to Gambling Within Alaska 5. *State Bureau of Land Management - Lands Included for Selection - CIRI G. NEW BUSINESS 1. *Ordinance 1241-87 - Increasing Rev/Appns - Congregate Housing Facility - $161,500 2. *Ordinance 1242-87 - Increasing Rev/Appns - Capital Fund Project - Design of 6 Proposed 1988 Road Projects - $261,500 3. *Ordinance 1243-87 - Increasing Rev/Appns - Repair of Police Vehicle - $3,738 4. *Ordinance 1240-87 - Amending Kenai Municipal Code - Provide for Uniform Penalties Throughout Code 5. Bills to be Paid, Bills to be Ratified H. OLD BUSINESS I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney r"_y_ �' 3. Mayor 4. City Clerk F= 5. Finance Director 6. Public Works Director 'y N 7. Airport Manager ' J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD f. S. ADJOURNMENT 114 L Vic. L - Y�l -'j - - r- KENAI CITY COUNCIL - REGULAR MEETING - MINUTES NOVEMBER 18, 1987 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Chris Monfor, Marj O'Reilly, Linda Swarner, John Williams, Tom Ackerly, Art McComsey Absent: Ray Measles (excused) A-1 Agenda Approval a. Mayor Williams noted a letter from J. Misko distributed this date for item B-1 b. Mayor Williams asked that item C-3 be amended to C-2a on the agenda as it is a substitute Ord. 1239-87. C. Mayor Williams asked that item F-1 be deleted from the Consent Agenda. d. Mayor Williams asked that item G-6 be added, Requisitions Exceeding $1,000. e. Mayor Williams asked that an executive session be added between items G and H. MOTION: Councilman Ackerly moved, seconded by Councilman McComsey, to approve the agenda as amended. Motion passed by unanimous consent. A-2 Consent Agenda MOTION: Councilman Ackerly moved, seconded by Councilwoman O'Reilly, to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 James Misko - Kenai Professional, Ltd. - Temporary Reduction of Rent of Existing Land Lease James Misko, 3820 Lake Otis Parkway, Anchorage. Council has reviewed his letters and the Peninsula Clarion article. In his haste to get a letter to stop Atty. Rogers, he - in error - mentioned the Congressional Delegation office was delinquent. He finds they are current, he apologized. That was misconstrued to Atty. Rogers, the letter describes what he wanted Council to consider. He would like to make an application that in this time of economic downturn Council consider reduction and adding on at a later date. Atty. Rogers said he planned to address this at executive session, but not directly. There are a number of delinquent leases in the City. If Council grants this, other leases suffering economic deprivation would request the same or similar treatment. He requested if Council decides to do this, they consult the Finance Director before doing this. On property that is airport land it would require payment from General Fund to balance, that would be of concern to him. He asked Council to reserve action till after the executive session. Finance Director M r] KENAI CITY COUNCIL NOVEMBER 18, 1987 PAGE 2 B-2 Brown said he concurred with Atty. Rogers, it is too early to take action at this time. Atty. Rogers said as a result of Mr. Misko's request to be heard, he drafted a continuation so he could be heard in Council. The hearing will be Nov. 25, 1987. His check was sent back but it was tendered back and accepted. He did not have the number of arrearages. Mayor Williams asked, what is the date of the Forcible Entry and Detainer hearing? Atty. Rogers replied, Nov. 25. Mayor Williams said the entire state of the economy is that everyone is going into retrenching. But the City is also facing these problems. When we retrench there is only one place we can go and that is to the people. If our finances go down, we may have to increase taxes. Mr. Misko said after going back and forth with Atty. Rogers by phone and letter, the City did accept the check. He wanted to have 150% of payment and Atty. Rogers said it would have to go to Council. There is $3,000 in arrearages, he would like to pay $900 instead of $600. Atty. Rogers said that will have to be discussed in executive session. If Council allows in all like circumstances, Mr. Misko could contact Atty. Rogers Nov. 19 or wait till after the executive session. No action taken by Council. Architect Carmen Gintoli - Airport Terminal Renovation Schematics C. Gintoli, Kenai. These have been reviewed by the Airport Commission. He had the gift shops by the window, he has opened that up per request of Council. He has shown the shops back from the window. There are 8 ft. spaced grids from the window if they want to add shops. It should be as flexible as possible. The rest is the same. The southeast corner is for an industrial exhibit. The FAA expects to be out in April 1988. We should be able to start renovation April 1988. Upstairs first, then restaurant, then the final work. It will be done next summer, 5 months is the outside limit for the work. Councilman Mccomsey asked if they have to have food service with the bar. Mr. Gintoli replied the bar is over the baggage section, they can use the elevator to bring food to the bar. Mayor Williams added, the liquor license does not require food to be served in the bar. Councilman Ackerly asked if the building was sufficient for expansion of the upstairs. Mr. Gintoli replied no, the upstairs was designed for 700 lb. for the center, 40 lb. for the side. It would cost a great deal. Councilwoman Swarner noted the stairs are enclosed in glass, what is the roof? Mr. Gintoli replied he is required to have a second means of egress. There will be a glass -enclosed corridor. Councilwoman Swarner asked if glass was more economical. Mr. Gintoli replied yes, but cleaning will be more expensive. Councilwoman Swarner noted the Benco Bldg. has a problem with egg throwing. Mr. Gintoli explained the amount of glass on the 1st floor would be less than there is now. Mayor Williams noted most of the damage now is done to the bar. The upstairs bar will have new toilets and the bar will be responsible for those in their lease. There has been no vandalism to the rest because it is used almost continually. Airport Manager Ernst noted FAA has been saying they will be out by April 24, they have not moved any equipment into the new building yet. tt1 )kj CITY C01LI JC-TT. NOVEMBER 18, 1987 PAGE 3 MOTION: Councilwoman Monfor moved, seconded by Councilman Ackerly, to have Carmen Gintoli proceed with the plan we have in front of us regarding the airport renovation. Motion passed by unanimous consent. C. PUBLIC HEARINGS C-1 Ord. 1219-87 - Amend. KMC Title 14 - R/V Definition of Vehicles and R/V Parks MOTION: Councilman Ackerly moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. There was no public comment. Councilwoman Swarner asked, would it be against the law for a friend or relative to visit for a short time and park on the street by your house? Atty. Rogers replied yes. Councilwoman Swarner replied, that is not what the City wants. We did not want people living on the street for months or by the bridge but this is against the residents having visitors at their household. Finance Director Brown noted City Manager Brighton is not here this date, but wanted to speak regarding this. He asked Council to postpone action till Mr. Brighton could speak. Atty. Rogers said he opposed the ordinance. There are other reasons from the legal standpoint. It has been back and forth many times. It comps from P&Z. He has cleaned it up many times. It is in appropriate format. MOTION, Table: Councilwoman Monfor moved, seconded by Councilman Mccomsey, to table the ordinance to the Jan. 20 meeting. ` VOTE, Table: �Y+h4 Motion passed by unanimous consent. avj, a C-2 Ord. 1239-87 - Amend. KMC - Kenai Bicentennial j Commission C-2a Substitute Ord. 1239-87 MOTION: Councilwoman Monfor moved, seconded by Councilman Mccomsey, to adopt the ordinance. PUBLIC COMMENT: a. Fred Braun, Land Owner in Kenai. He supported the ordinance. There is a place in temporary committees for non-residents. He served with 3-4 non-residents on the Old Town Committee. A permanent commission should have residency requirements. Councilman McComsey asked if Mr. Braun was interested in serving on the commission. Mr. Braun replied yes, but if he cannot he would be Interested in contributing input. MOTION, Amendment: >r, tt�:J. ir"AT CTTY C'OUNC'.TT. NOVEMBER 18, 1987 PAGE 4 Councilwoman Monfor moved, seconded by Councilman McComsey, to substitute the ordinance with Ord. 1239-87, Substitute. VOTE, Amendment: Motion passed unanimously by roll call vote. Councilwoman Monfor said we need the expertise of people that live outside the City. Atty. Rogers explained the substitute added the 4th WHEREAS, and cleaned it up. Councilman McComsey asked if it was to sunset after 1991. Mayor Williams replied he envisioned switching emphasis from the Bicentennial Commission to an operating commission, depending on the Goals & Objectives. At the present time work on the commission would be completed with the celebration. Councilman McComsey asked if it should be in the ordinance. Mayor Williams replied, it could be put in at any time. He added, he will make every attempt to limit the number of the non-residents to a minority. Council has the prerogative to remove any suggestions. Councilman McComsey noted there are grants available for this, Administration could start on these. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. D. COMMISSION/COMMITTEE REPORTS D-1 Planning & Zoning None D-2 Harbor Commission Harbor Commission Chairman Quesnel reported 4 representatives from Kenai attended the conference of Harbor Masters in Homer. He was there 4 days. They reviewed the actions for the State of Alaska for the past year. Representative from the State, Customs, U of A were there. Update of the fishing industry in Homer and the economic impact were discussed. He asked them to have a conference in Kenai. He would like to attend a meeting of various people from the fishing industry the 2nd week in Dec. He asked Council to authorize $200-$300. He spoke to the Corps of Engineers regarding examination and survey of harbor and river dredging of southcentral and western Alaska. He has a letter to the Corps. of Engineers asking for preliminary survey of Kenai River regarding dredging opposite Salamatof to make a deeper basin. It will take 2-3 years to develop. The preliminary will be 2-3 months. He needed permission to do this. They have asked the 1991 conference be in Kenai as part of the Bicentennial year, the 1st week in Nov. They took a tour of the Homer ice house. Last year it ran all summer and could not keep up. He has asked the Harbor Commission to review this for Kenai. 40 truck loads were sent to Kenai because we did not have any. The free trade zone is not working out in Valdez. A letter was written by a Washington State professor regarding port authority. There are a lot of things to consider but the negatives outweigh the positives in Alaska. The conference will be in Sitka next year. Sen. Sturgelewski has said money is available for harbor improvements, but it would be innovative financing. 10MAT CITY COUNCIL NOVMMZR 18, 1987 PAGE 5 MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, that the appropriate amount of money be set aside for this gentleman, for the meeting regarding economic impact on fishing. Motion passed by unanimous consent. Council agreed to have an ordinance prepared regarding Corps. of Engineers doing study on dredging. Mayor Williams said, regarding dredging in front of Salamatof. Was there any discussion regarding dredging at the mouth of the river? Chairman Quesnel replied it was discussed. They have sent a letter to the Coast Guard regarding arranging the lights at the mouth of the river for the deepest part. Chairman Quesnel said regarding tourism. The harbormasters noted out -of -the -City fishermen come into the area and drop more money than the tourists. Mayor Williams said regarding port authority. Was this directed to the Borough and Borough -wide authority? Chairman Quesnel replied no, it was directed to Kodiak. Mayor Williams said regarding the ice house. He asked the Harbor Comm. to develop a plan for an ice house, a staging area and develop costs of further expansion. Mayor Williams said regarding the 1991 conference in Kenai. It would be worthwhile to have all groups and comet/comm extend invitations for meetings in 1991. Chairman Quesnel noted there will be 60-70 people here on this. } to D-3 Recreation Commission Councilwoman O'Reilly asked if, at the plant test site meeting, viable plants for bluff areas were discussed. Recreation Director McGillivray replied no, it was for 3=_t small plants and grasses throughout Alaska. He noted { Councilwoman Swarner attended the meeting. Councilwoman Swarner said they have tested at the airport. Some did well that were not fertilized for 4 _= years. Mr. McGillivray explained part of the problem is the bluff is sand. The plants were started'in good -.� _.mot:•. soil. 'yl�`= D-4 Library Commission Councilman Ackerly submitted his support to the 7 Commission regarding censorship. He supports self -censorship. He is opposed to books being removed from the library. If people do not want to read these books, trey do not have to check them out. D-5 Council on Aging None D-6 Airport Commission x Airport Manager Ernst reported there was a meeting Nov. 12 the airport renovation was reviewed. Mayor Williams noted he spoke to Sen. Stevens' office regarding Air National Guard and some rumors he had -_; heard. The subject is alive and well in Washington and to KENAI CITY COUNCIL NOVEMBER 18, 1987 PAGE 6 Alaska. It may be some time in the future, the big percentage of answers will be after the Federal budget and Gramm Rudman bill actions are fully felt. D-7 Economic Development Commission None D-8 Misc. Comm/Comm Councilman McComsey spoke regarding Beautification Comm. He suggested using the extra railroad ties to improve the Welcome to Kenai sign. Mayor Williams suggested placing in the Triangle Park: "1791-1991 - 200 years" in white quartz. E. MINUTES None F. CORRESPONDENCE F-1 F-2 F-3 F-4 F-5 Chamber of Commerce - Council Representative Meet with Chamber Mayor Williams suggested all Council members who are able come to the meeting, also the general public. AK Statewide Private Industry Council - Availability of Job Training Partnership Act Funds U of A, Fairbanks - Lease for Lands for Mining & Petroleum Fire Service Training LGPD - Pertaining to Gambling within Alaska BLM - Lands Included for Selection, CIRI Approved by Consent Agenda G. NEW BUSINESS G-1 G-2 G-3 G-4 Ord. 1241-87 - Increas. Rev/Appns - Congregate Housing Facility - $161,500 Ord. 1242-87 - Increas. Rev/Appns - Capital Fund Project - Design of 6 Proposed 1988 Road Projects - $261,500 Ord. 1243-87 - Increas. Rev/Appns - Repair of Police Vehicle - $3,738 Ord. 1240-87 - Amend. KMC - Provide for Uniform Penalties Throughout Code Approved by Consent Agenda. G-5 Bills to be Paid, Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the payments as submitted. Motion passed by unanimous consent. G-6 Requisitions Exceeding $1,000 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the requisitions as submitted. Motion passed by unanimous consent. r, KENAI CITY COUNCIL NOVEMBER 18, 1987 PANE 7 u•_'"%}l. ADDED ITEM, Executive Session: r2.:F;r MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adjourn to executive session - in conformance with Alaska Statute and Kenai Municipal Cade - for matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City. Motion passed unanimously by roll call vote. COUNCIL ADJOURNED FOR EXECUTIVE SESSION: 8:25 PM. COUNCILWOMAN MONFOR LEFT: 9:30 PM. COUNCIL RETURNED FROM EXECUTIVE SESSION: 10:30 PM. Mayor Williams reported on the Executive Session: matters concerning the integrity of the City were discussed. Because of the great number of leases involved in the City there is a need of establishing a criteria for all lessees. In order to maintain integrity: a) All leases, when in arrears, will be turned over to the Legal Dept. from the Finance Dept. and shall be handled as Forcible Entry and Detainer. b) Regarding the Burnett lawsuit and our cross claim, Atty. Rogers is directed to maintain the status quo and bring further pleadings to Council in executive session. c) Regarding HB-155 (Utility Relocation), Council has directed Atty. Rogers to maintain the present position and continue working toward legislation that will affect our best means. Atty. Rogers added, that would be in opposition to any legislation that would shift the burden from municipalities to utilities. Mayor Williams noted all >- matters will be handled by Council in executive session. Atty. Rogers asked that it be noted in the record that Finance Director Brown was at the executive session. Atty. Rogers & Finance Director Brown (as Acting City Manager) were in attendance, one council member was absent from the meeting and the executive session, and Councilwoman Monfor left about 2/3 of the way through. I. ADMINISTRATION REPORTS I-1 City Manager None I-2 Attorney None I-3 Mayor Mayor Williams noted he was elected Secy/Treas of the Alaska State Conference of Mayors. The Mayor of Cordova is Chairman, The Mayor of Kotzebue is Vice -Chairman. Their next meeting will be Jan. 21, 1988. 1-4 City Clerk - None H. • KRNAT (%TT7- CAN -WCTL NOVEMBER 18, 1987 PAGE 8 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. Councilwoman Swarner. Regarding the AML Conference in Anchorage. She would have preferred to meet with Council before policy section meetings and make sure all meetings were covered. She enjoyed the Newly Elected Officials meetings. b. Councilwoman O'Reilly. Regarding AML Conference. She agreed the Newly Elected Officials meetings were good. C. Mayor Williams. This year's AML Conference was the largest ever, over 600 in attendance. d. Atty. Rogers suggested next year Council get the agenda in advance and have the delegates appointed from Council to go to the meetings. Clerk Whelan noted the agenda is in the AML newsletter. ADJOURNMENT: Meeting adjourned at 10:40 PM. /Janet Whelan ty Clerk ' t---2OVF.D BY CO�N� C•` CiTl C:.LIC