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HomeMy WebLinkAbout1986-10-01 Council MinutesV AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 19 1986 - 7i0D PM 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 pert of the General Orders. 8. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Phil Stiffler - Airport Parking of Planes C. PUBLIC HEARINGS 1. Ordinance 1167-86 - Amending Zoning Map - Persons Homestead 2. Resolution 66-89 - Awarding Contract - Project Management, Coordination, Inspection - Wm* Nelson - Kenai Boating Facility - $789000 D. MINUTES 1. *Regular Meeting, Sept. 179 1986 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paidp Bills to be Ratified 2, Requisitions Exceeding $19000 3. Discussion - Organizing Regional Transportation Organization 4. Report - Old Town Committee - Approval of Road Plan H. REPORTS 1. City Manager 2. Attorney 3. He or 4. City Clerk 5. Finance Director 6. Planning b Zoning 7. Herbot Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) AD30URNNENT r� KENAI CITY COUNCIL, REGULAR MEETING, MINUTES OCTOBER 1s 19669 7100 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ray Meaeles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Bailie, 3880 Hall Absents None A-1 Agenda Approval a. Mayor Wagoner asked that - Lou Schilling, Etolin S/D do Spur S/0 - be added as item 8-2. b. Mayor Wagoner asked that - Bill Burnett, CIIAP Loan - be added as item B-3. c. Councilman Wise asked that the Federal Express resolution be added to the agenda. He stated no one has the right to delete items Council has directed to be placed on the agenda. Mayor Wagoner said he was notified of this objection. He was not upset, no-r is Federal Express. He noted the Mayor has the right to set the agenda, not Council. With consensus of Councilp he said he would put it back on. Councilman Measles noted if Federal Express cannot be herep there is no reason to put it on the agenda. MOTION. Councilman Wise moved to put the Federal Express resolution on the agenda. CF: Notion died for lack of a second. _ d. Mayor Wagoner asked that 2 PO's distrl%4uted this date- _ $39000 Lo IBM and $19000 to NC - be added under item G-2 . Council sppt":1ed the agenda as amended by unanimous consent. A-2 Consent Agenda MOTION. Councilman Meaeles moved, seconded by Councilman Hall, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. Be PERSONS PRESENT SCHEDULED TO BE HEARD 0-1 Phil Stiffler - Airport Parking of Planes Mr. Stiffler explained he had been before Council last winter. He was caught up in legal problem of the City regarding sir carriers indemnification insurance. Their problem was solved his has no been. He asked it the airport provides tie downs for short term and long tern parking. Airport Manager Ernst replied, the airport has transient parking that the City controls. There ace Oleo special use permits. Mr. Stiffler sold he contacted Anchorage Norrill field and got a tie down permit. NO alas got one from Soldotno. He called Anchorage airport, they told him there was a charge per day. The permit from the City is an B page lease, at: the fLoh' camp loostion, for his C-97 plane. He has to buy insurance for gsateral liabilityp plus fire insurance for the airport and thin terminal. If .z=4 his plane caught fire and blew up, it could not catch the terminal on fire, The permit states "minimum limits will be applied to.oll carriers." He is not a carrier. He did not feel this was fair. He has a $450 insurance policy, this KBNAT CITY COUNCIL. OCT. 1, 1986 Page 2 will be $150 more. He will have to review it again with the attorney. If he is commercial, it will be $10#000 to $159000, He said if the City makes him buy this policy and sign a lease and he is general, when the City has the float plane basing he would expect them to comply with this. Atty. Rogers asked if this was Mr. Stiffler'e reply to his letter. Answer -yea. Atty. Rogers said he has not reviewed the letter he sent Mc. Stiffler. He added, if Council wants to diminish insurance requirements, that is their prerogative. Mr. Stiffler said he is asking for a policy consistent with airport tie down policies in other areas. Atty. Rogers asked that he submit his request in writing. He said if he dose not agree with Mr. Stiffler's requests, he will notify Mr. Stiffler and it would come to Council. Mayor Wagoner noted the "Connie" that was parked in Kenai some years ago the City had many problems with it. Council would like the request in writing. Councilmen Wise added he would like Mr. Stiffler to provide a copy from FAA that he is not commercial. Mr. Stiffler agreed to the requests. B-2 Lou Schilling - Etolin S/D, Spur S/D Lou Schilling, builder in Kenai. He is in the process of 2 new building projects in Kenai and is trying to get financing. The City is in 2nd position in both. He is asking the City to be in 3rd position so he can get financing. One is on Spur and Bridge Access, the other is on Main St, The Spur land has been divided into 3 lots. Atty. Rogers asked if he had a litigation report. He explained, Mr. Schilling is asking for redistribution of indebtedness on one lot to distribute on 2 lots. It would put the City last. Atty. Rogers added, there is no problem with the Main St. land. The Spur land has been subdivided into 3 Iota. The City value is $73,000. In order to free one lot, if we took 1/2 of the let lot and put it on the next, it would be $4,000 less then value. The other 1/2 of the tat would go to the 3rd. $779000 would be the value of that. The indebtedness on both would be $6990009 $89000 less then value. He noted he anticipated the City would be In let with lot and 3rd lots. In the other one there is an appraisal with S pages of reservations, etc. He did not know where we were regarding this. The City would be freeing the lot indebtedness for redistribution on the 2 other lots. That would still be equity. In redistribution the City would be last. Mr. Schilling said, according to his attorney National Bank of Alaska has the tat, the City has the 2nd on the Spur land. NBA would ask for a 2nd It the City would take 3rd. Atty. Rogers said the City would still be 2nd or 3rd. As to additional indebtedness, the City would be lost. He noted there is some urgency. Mr. Schilling explained, it is virtually impossible to finance a new building in Kenai. Finance Director Brown sold he felt uncomfortable with both. The minimum down In 1ST, aaxImum note is 85B of the sales price. The City is giving him a loan and giving him a note. We do not have a provision in the Code for this. He will wind up with a note worth more than 8SB. In the poet, if we have had partial releaesse we have made them pay something to release one. He noted, that does not solve his problem. Mayor Wagoner noted, they are all Borough appraisals, whet In the size of lb? Mr. Schilling replied, 32,000 eq. ft. In to where the building is, the City is 2nd position. NBA is let, they will be 2nd and the City will be 3rd. _ MOTION: Councilman Via* movi►d, asoonded by Councilwoman 96111e, to approve both vaqueghs. Motion passed by unanimous consent. 13-3 Bill Burnett - CIIAP Loon y KWI CITY COUNCIL OCT. 1, 1986 Page 3 . Mr. Burnett explained he is in the process of obtaining a loan to up -grade his equipment- The City is in 2nd position, Alaska Statebank wants to be in 2nd- He is asking the City to be in 3rd position. It is imperative with the present economy, in order to stay competitive, that he up -grade his accounting equipment- Atty- Rogers said this Is the some as Mr- Schillingle request. The lots were sold ht b ct to let deed of trust with the State. to Mr. Burnsau je The amount owing the City is $40,000, the appraisal from Alaska Statebank is $700,000 value with improvements. The proposed total indebtedness would be $2949000. MOTIONe Councilman Wise moved, seconded by Councilman Measles, to :• approve the request. Motion passed by unanimous consent. C. PUBLIC HEARINGS C-1 Ord. 1167-86 - Amending Zoning Map - Parsons Homestead MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman Wise said he had a problem with rezoning relative f� to a preliminary plat. It is an imaginary line with no official status. MOTIONe Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance to add, Section 19 line 29 at the end of the sentence, "when substantiated by filing of final plat." Councilman Wise explained, for them to get the final plat, . ,. they have to sign an agreement to commence a road. That is not their intent. Why ask them to come up with a plat filed .. with the Borough that acreage is equivalent to what is asked? He is not asking it be used, just that there be a ...... plat. VOTE, Amendments Motion passed by unanimous consent. _ _ '° " VOTE, Main Motion as Amendedt Motion passed unanimously by roll call vote. C-2 Res. 86-69 - Awarding Contract - Project Management, Coordination, Inspection - Wm. Nelson - Kenai Boating Facility - ;760000 MOTIONS '• r Councilmen Hall moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Wise asked if this was r negotiated contract that was not put out for R6P or bid. Public Works Director Kornelis explained, the original propoeml included this. It N-=a was accepted by Councily but the resolution did not include -- this. So he wrote this resolution. Notion passed by unanimous consent. ��'` is !� — - - ---•- — — KENAI CITY COUNCIL. OCT. 1. 1986 Page 4 D. MINUTES D-1 Regular Meetings Sept. 179 1966 Approved by Consent Agenda, E. CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paidt Bills to be Ratified MOTION Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 MOTION: Councilman Hall moved, seconded by Councilwoman Bellies to approve the requisitions as amended this date. Motion passed by unanimous consent. G-3 Disc. - Organizing Regional Transportation Organization Council agreed to wait till after the election for action. G-4 Report - Old Town Committee - Approval of Road Plan MOTIONS Councilman Wise moved, seconded by Councilman Messiest that Administration be directed to implement paragraph •4 of the report. Mayor Wagoner suggested it could be on the Capital Improvements List. Councilman Wise explained# just do the engineering to see if we need additional right -of -May. Councilwoman Bailie said she would like to have a representative from the Old Town Committee here with graphicet etc. Mayor Wagoner suggested scheduling a work session with the committee. MOTION# Tables Councilmen Measles moved, seconded by Councilwoman Bailie, to table action on this item. VOTE# Table (Poseed)e Vase Measles# Monfort Wagonert Ackerlyt Bailie, Hall Not Wise H. REPORTS 11-1 City Manager None KBNAI CITY COUNCIL OCT. 1, 1986 Page g H-2 City Attorney Atty. Rogers spoke. a. Regarding the brief with Jackson. It Is under advisement, oral arguments were in Anchorage, they will wait for a decision. b. Legal Aset. Sutcliffe will be at the 10-15 meeting. There is no ordinance to that effect as there is with the Clerk. He has drafted an ordinance. Regarding pay scales for future City attorneys in Code, Council may went to use those scales. Utilizing in-house would allow continuous legal representation, not just at Council meetings. If the Clerk is gone for 5 days or more, the assistant gets her pay. He will be gone for 10 daye. Council should review how they went to deal with that. Council should be thinking about the and of the contract term 1-1/2 years from now. This would also be for the City Manager. Council should be thinking of that now. The bottom scale is $5090009 Council should come up with an agreement. Councilwoman Bailie asked if the Code addresses a replacement for the City Manager. Atty. Rogers replied no, Finance Director Brown acts as City Manager. Councilwoman Bailie asked if we should do something about this. Atty. Rogers replied, if we burden someone with a job that requires expertise, they should be compensated accordingly. The City Is doing this with the Clerk, he proposed the same thing with the Attorney. c. Atty. Rogers deferred to Councilman Ackerly. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adjourn to Executive Session pursuant to KMC 1.1n.030 and AS 44.62.310(b) in order to discuss matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City. Mayor Wagoner noted this was at the request of Atty. Rogers. VOTE, Executive Session (Passed): heat Measles, Wagoner, Ackerly, Bailie, Hall Not Monfor, Wise COUNCIL WAS IN EXECUTIVE SESSION 702 PM to BsOO PM. MOTIONS Councilmen Measles moved, seconded by Councilwoman Bailie, that Council direct the Legal Dept* to proceed as outlined at the meeting upstairs regarding O&A bankruptcy. Motion passed unanimously by roll call vote. b.(oontd) Councilwoman Bailie asked that an ordinance regarding compensation for attorney replacement be at the Oct. 1S meeting, and City Manager replacement at the some time. Council agreed by unanimous consent. H-3 Mayor Mayor Wagoner spoke. s. The Kenai Central High School bond will clean up the City next week end. the Cityy Crewe will pick up the trash begs. He suggested toking money out of the Legislative also, account to donate to the KCHS band trip. Councilmen Ackerly sold they are planning a trip to Howell for a competition. f KENAI CITY COUNCIi. ' "OCT. 1, 1986 Page 6 �' A MOTIONS Councilwoman Nonfat moved) seconded by Councilwoman Beiliat ' to donate $300 to KCHS band. Motion passed by unanimous consent. Mayor Wagoner asked to have a letter of appreciation sent with the check. b. Mayor Wagoner said he has enjoyed his time as Mayor and would urge those left on Council to keep up the good work. ., H-4 City Clerk Clerk Whelan reminded Council of the election Oct. 7v 1966. H-S Finance Director oo Finance Director Brown distributed an analysis of interest revenue and sales tax, per request of Councilman Wise.- H-6 Planning do Zoning ' None H-7 Harbor Commission Public Works Director Kornelis reported the harbor work is proceeding. Mayor Wagoner asked that a letter be sent to David 1FragkAo state that most of the money to sub -contractors will try in the community. (This is in reply to Mr. Xpequi-'1Aettar to the newspaper) H-8 Recreation Commission Mayor Wagoner noted the work on the softball diamond is proceeding. H-9 Library Commission None - I • PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Airport Manager Ernst reported the Airport Master Plan Is in its final stages. There will be a public meeting " = °._• Oct. 14 to review the changes. b. Atty. Rogers. Regarding compensation for the Acting Attorney. He proposed to compensate him under the new Code provision Council asked for. :`' ` ' • .=: _ Council had no objection. '.,n... . "` _6. as Councilmen Ackerly asked Public Works Director Kornelis It the streets were going to be striped before winter. Mr. Kornelis replied,.the State does that. "RT= d. Councilmen Ackerly asked Public Works Director Kornelis to up -date the projects board in the Council chambers. e. Councilman Ackerly noted the work had been started on �- Keheltze Ct, this dote. ` f. Councilwoman Sallie-expreseed appreciation to Public Works Director Kornalis for the striping on Mein St. Mr. Kornalis noted there was a sign put up also. g. Councilwoman-Baille reported the railroad ties for the airport triangle park were to strive this date. Work should commence -this Fall. Someone from the City Will ,., . :=�-•_,s� have to coordinate the volunteer work. Councilman Ackerly noted the work was handled very well by the contractor. Councilwoman Sallie asked If the utilities „ " 11 KENAI CITY COUNCIL — OCT. le 1986 Page 7 will be moved. Mr. Kornalis replied they will be underground on Airport Way. He addede they will be seeding on Airport Way also. h. Councilwoman Monfor noted it has been a pleasure working with Mayor Wagoner and Councilmen Hall. Councilman Hall added he had fun and learned a lot. AOJOURNMENTs Meeting adjourned at 605 ea,,.AXA Janet Whelan City Clerk '*'MOVED er COUNCL zq _ o J. 0 rj jt 60-' _ _ KENAI CITY COUNCIL, VERBATIM OCTOBER 1, 1967 ` H. RL'PORTS 01-� H-1 Attorney Attorney Rogers: Next, pursuant to the Council's directive, the Legal Assistant will be in attendance at the next meeting. I propose that he act in my absence. # we do not have an ordinance to that affect as we do with the Clerk, we have a Deputy Clerk or somebody who can act in her place. I have an ordinance drafted, I -- - want to page it out tonight. You people can look at r.A. it, discuss it at the next meeting or after I get back. There are a couple of ways to go about it. I'm hesitant to start using outside counsel. The - - Some of you may have heard some of the commentary on (inaudible) relevant to the Borough when they talked about contract legal services. They have a tendency to escalate. We are getting away from that, I want to - get away from that. One other scenario put in there, and the reason it was not discussed in the memorandum has to do with the pay scales for future city attorneys that is in the Code at this time. That is not affected. However, the Council may want to consider utilizing those pay scales for an individual who has the qualifications who is acting here in my absence. Utilizing personnel in-house at this point will allow „ ;.. legal representation not just to the Council but for the entire duration when I leave. Presently the Code says if the Clerk's gone for 5 days (inaudible) the Deputy then is paid at the Clerk's rate. in this instance there is another section that talks in terms of an absence of 10 days. My absence this time will be 10 days. When I start taking vacations that's been accruing for some period of time I intend to take �•::. vacations of 10.working days at a time which is a 2 q•` week period. I think it is appropriate to start thinking how you're going to deal with that no, you know, in the future we can either make the Code arrangements, or we can provide an orderly transition E during that period. You also should start thinking in terms, even though it's a year and a half away, about _ the end of the contract term. Because you're goitig to o need - - you don't want to come up short with 2 month's remaining without some plan of legal representation. Because - - and that has to do also with your City Manager. our contracts will be up at the same time, we _ will both be leaving. I think that you should start thinking about that now rather than wait until, you know, 6 months or 3 months before the conclusion of :- those terms. And how you want to approach it, how you p ,......-ern want to solicit replacements, what have you, whatever 11 ' JW ` 11 w KENAI CITY COUNCIL - 2 - OCT. 1, 1986 you want to do. Anyway, the bottom scale in the Code, which is not now in effect is $51),000. And that's not in this. So you might want to take a look at your Cod and come up with some equitable way of compensating a person who would in fact be the City Attorney during periods of my incapacity or absence as the case may be Enough said on that, it ,can be discussed at a later time. Sally has a question for you. Mayor Wagoner: Sally. Councilwoman Bailie: Yes. Tim, I was wondering in regards to the City Manager when he's gone. Does the Code address that at all? Attorney Rogers: It does not. Councilwoman Bailie: Have we got a problem then in that area? Attorney Rogers: Well, you have - - Charlie's acted City Manager - - Councilwoman Bailie: Well, I realise that. But,1 mean, I think to protect Charlie, do we need to, you know, or if we have to act in (background discussion) - I know - - in other words, I guess if, I'm just wondering then why we need to do something for the Ci Attorney. Attorney Rogers: Well, if you are burdening an individual with the responsibility, he is using his licenses and his expertise in a position, which can only be filled by a person with that license or expertise, as is the case with an attorney or a docto or something of that nature, then that person should compensated accordingly. Okay? Even if it's on a temporary basis. That's what you're doing presently the Clerk's position. I propose that you do it in th Attor�neyy''s position. ���..." Janet Whelan City Clerk DATED: April 21, 1987 ty be in :• -. •:zYaz -A ly Jl i1 Si — "Cs.