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HomeMy WebLinkAbout2001-08-01 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 1, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Chris Degernes, Parks & Outdoor Recreation -- Boat Launch Ramp ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1922-2001 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund Fire Department for a Donation From Unocal Oil & Gas and the Kenai Fire Fighters Association to Purchase Equipment. 2. Resolution No. 2001-59 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete. 3. Resolution No. 2001-60 -- Awarding the Bid to Seekins Ford for an Airport 3/4-Ton 4x4 Extended Cab Pick -Up Truck for the Total Amount of $24,701 and to Kenai Chrysler Center for a Building Department Utility Vehicle for the Total Amount of $22,048. 4. Resolution No. 2001-61 -- Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of July 18, 2001. ITEM F: CORRESPONDENCE ITEM G. OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1923-2001 -- Increasing Estimated Revenues and Appropriations by $3,562.50 in the General Fund for Police Department Tools. 4. *Ordinance No. 1924-2001 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Comprehensive Plan Capital Project Fund for an EDA Grant. 5. *Ordinance No. 1925-2001 -- Amending the Kenai Municipal Code by Adding Chapter 8.20, Prohibiting the Use and Sale of Fireworks Within the City, Except for Authorized Fireworks Displays. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM K: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING AUGUST 1, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. A-1, PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swarner, Moore, Porter, Bannock and Williams. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-2, Sean Anderson, Five Irons Subdivision/Performance Bond SUBSTITUTE: H-2, Purchase Orders Exceeding $2,500 -- Addition of purchase order to Brown Agency for Builders' Risk Insurance for the ARFF/ SRE facility. ADD TO: I-2, City Manager's Report MOTION: Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, A-4. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED to approve the consent agenda as presented. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Chris Degernes, Parks & Outdoor Recreation -- Boat Launch Ramp 1 KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 2 Williams and Degernes reviewed the history of adding a boat launch facility at or near Cunningham Park. Williams noted the boat launch proposal transpired through some conversations he and Councilman Bookey had with several legislators in Juneau and who were very interested in adding a boat launch in the lower river. Information was compiled and sent to Representative Mulder and consequently $350,000 was funded for purchase land for development of a boat launch on the lower river (Tract 1, Horseshoe End at River Bend Subdivision, several lots upstream from Cunningham Park) . Degernes noted earlier attempts by the city to develop a boat launch on the Chester Cone property, upstream from Cunningham Park. Due to opposition by permitting agencies and their concern for damage to the wetlands, that development did not take place, however the Pillars site was identified and developed. Because the upgrade done to Cunningham Park removed the boat launch that developed over the years, there were complaints and discussion followed on how the launch could be replaced. She noted there was some initial opposition to the development of the Horseshoe lots due to the wetlands across the front of the property and a difference of vegetation, and because the property proposed for development of a launch by the city several years ago was denied due to the same concerns about damage to wetlands. They then started looking for another site for a launch and identified the Wild Rose Subdivision lots. In discussing a different site with Representative Mulder, he noted that if a better place could be identified and would meet the needs, he would work to make the appropriate changes to allow the transfer of intent. Degernes noted that if there was significant opposition from the city in regard to the purchase and development of the Wild Rose properties, it would be good to know early. She noted benefits to these properties as 1) there are no wetlands; 2) the properties are immediately contiguous with Cunningham Park (they will want to consolidate public access); and 3) it would allow expansion opportunity for Cunningham Park. Challenges with the site were identified as 1) a really thick peat underlying the ground surface; 2) a steep bank that would require a bigger cut through the riverbank and stabilization for development of a boat launch; 3) trespass/increased traffic concerns voiced by neighbors; and 4) changes affecting historical users of Cunningham Park. Degernes asked if there were any specific concerns from council and whether they would authorize the city maintaining the launch if the state is successful in purchasing the property and then designing and constructing the launch. Council and administration questions and comments included: • Would the two facilities share a parking lot? Early thoughts are to share a common entrance and have separate parking and restrooms, boat ramp access with or without a stair access (depending on how bank fishing and boat traffic can be accommodated) . KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 3 • Previous designs of a boat launch area developed by the city may be considered for incorporation into the state°s design. • Whether the city would want to maintain the facility and if the Parks & Recreation Department could take on the added responsibility. It was noted administration did not think the boat launch would generate that much more of an impact. • Whether a fee could be collected for use of the facility. Degernes stated she did not think there would be opposition as the state charges a fee at the Pillars and the earlier it is noted there will be a fee structure, the better and would be comparable to private business launches. • Concern that a boat launch would interfere with the Cunningham Park user groups and perpetuate a conflict of the users. Degernes noted that was an important factor and suggested an initial design could be brought to council noting the concerns and then take it to the public for additional comments. • Maintenance of the facility would not make a large impact on the Parks Department and if additional restrooms are included in the design, there would be less concern in regard to impact to Cunningham Park. • Property on the other side of the river was discussed, however it was found its development would be more challenging, needing a road, a lot more work and additional financial support of the Legislator. It was not known if that support would be attainable. Exploration of development on the other side was requested. • Copies of a recent Board of Adjustment hearing in regard to development along the river, traffic along Beaver Loop Road, etc. was requested to be forwarded to Degernes. • The launch would be used for both drift and powerboat access and probably heavily used during dip net season. • Anticipated funding sources would be federal and Kenai River Sportfishing Association and construction would probably be in 2003 if there is extensive public support. The active planning process would begin during the winter of 2002. No opposition to the project was stated, however the design of the facility should incorporate public input and council comments regarding impacts to user groups. B-2. Sean Anderson -- Five Iron Heights Subdivision/Performance Bond Anderson requested council remove the sale requirement that a performance bond be purchased for the development of Five Iron Heights Subdivision, explaining the way the bond is written by the insurance brokers, puts the developer in double jeopardy (another bank note on the performance bond). He noted he had suggested another possibility to the city manager during a meeting he had with her and the city attorney, i.e. revert ownership back to the city and any improvements, however that was declined. He also suggested an ordinance be put in place requiring anyone buying property (raw land) from the city to purchase a performance bond as well. Anderson KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 4 reported the funding was in place and the only issue holding up the sale was his discomfort with the purchase of the performance bond, which is not an insurance policy for him. Discussion followed where Anderson was asked why he did not feel the cost of the bond could not be itemized back to the project. Anderson answered, he could in the end of the project, but because he is funding the project and in the upfront phase (placing utilities and road), he would not make a profit in developing the land. Bookey stated he felt the deal was made and should be continued. If Anderson wants to remove himself from it, that could be done. Attorney Graves explained, when the deal was structured, it was administration's understanding the council wanted to make sure the property would be developed and not held by a developer. To do that, there were two options: a reversionary agreement (develop within a period of time or it reverts back to the city) or a performance bond (if the buyer doesn't develop it, the bond company will) . In regard to the reversionary agreement, if the deal goes bad, the property could be returned and be heavily encumbered with liens, etc. and the city would have to fulfill the liens in order to get the property returned. There is no way to contract away a third parties' right to file a statutory lien. The bond would guarantee that if the developer didn't develop the property, the bond company would step in and do it. City Manager Snow noted Anderson was correct in stating the performance was not an insurance policy for him; but it would be for the city. She added, she thought Anderson had a legitimate concern that all developers be treated similarly. Councilman Bannock stated he agreed the performance bond is a cost of developing the property. However, he explained the appraisal did not include the requirement of the performance bond and suggested the value of the property might have been different if the performance bond requirement had been included. Anderson suggested the requirement of the bond refer to only those items the city maintains (water and paving the road) and not the telephone, natural gas, and power. He would absorb the costs of the placement of utilities if he was unable to complete the project. Williams explained the council's concern that the city and taxpayers be protected from litigation and encumbrances that could develop if a default happened. He added, if the city can be protected and Anderson is comfortable in his development program, he wanted the project to go forward. However, he did not want the city to jeopardize itself D again. Bookey stated he wanted the project to go forward, but agreed with Williams the situation could potentially be another Inlet Woods and did not want that to happen. He added, he believed council always wanted a performance bond. Graves stated, l KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 5 from the beginning there was always going to be a structure where the city would be protected. Graves added, during their meeting with Anderson, they stated they were protecting the city because of two other development deals that went bad in the past and ended costing the city. Councilwoman Swarner stated she was not willing to eliminate the performance bond requirement, but agreed the requirement should be in an ordinance. She questioned the policy of the city if Anderson decided to return the land to the city. Graves explained there had been several ways in the past due to the specific sale agreements. Anderson reiterated he had no objection to a required performance bond for the labor and materials as he wanted to go forward with the project, but wanted only the performance bond to cover the water and road. It was noted the utility companies require payment upfront and then the developer is rebated back. Williams stated he understood the desire not to include the utilities in the performance bond and that the city's cost would only be the water and road paving. Bookey disagreed because development of the road and water would be directly tied to the development of the utilities. He added, the performance bond was required in order to cover the city and its taxpayers. Williams asked if the development of the utilities, water and road be separated and still protect the city's interest. Graves stated it would be more a policy call than legal because if the utilities are not developed, there could be lien issues, etc. He suggested the appraiser could be contacted and asked if the requirement of the bond was factored into the cost analysis and if not, do it and see what the value would be. Anderson stated he asked the city manager during their meeting if the city would reimburse him for the cost of the bond or drop the price of the land. He explained the cost of the bond would be $5,000. Williams suggested the city could pay for the cost of the bond, if it was a deal maker or breaker. Bannock stated that was what he thought should be considered as he thought the value of the land would have been adjusted due to the cost. Bannock noted he voted against the sale because the bond requirement was not an ordinance and the requirement was made for this sale after the appraisal was completed. He suggested that if the appraiser agrees the value of the land would have been less if the bond requirement was included, the amount of the bond be rebated, discounted, etc. Bookey stated his concern that if the cost of the bond was that critical to moving forward with the project, he believed the whole project was in trouble. He added, a liability insurance is part of the cost of a project and felt council should move on. Swarner asked if performance bonds were required in other developments of the city. Public Works Manager La Shot answered, yes and in private land development, if the contractor wants to plat the property and begin selling lots prior to development, a bond is required or other security. Swarner agreed with Bookey the project should move on. KENAI CITY COUNCIL MEETING AUGUST 1 2001 PAGE 6 Williams explained it appeared the council didn't want to move from its position that the sale is the sale at the price of $23,500 and he would be responsible for the performance bond to protect the city in the transaction. Anderson stated he would have to think it over and if the city includes the requirement in an ordinance, he may reconsider. MOTION: Councilman Bannock MOVED that the city administration be directed to contact the appraiser to establish an appraised value of the performance portion of the required bond and that that dollar amount be discounted from the bid price. Williams suggested the motion be made into two; one to seek out a new appraisal based on the reduction in value commensurate with the bond; and then the discounting. Bannock struck the discount and price. RESTATED MOTION: Councilman Bannock MOVED that the city administration be directed to contact the appraiser to establish an appraised value of the performance portion of the required bond. Councilwoman Porter SECONDED the motion. Bannock explained that the $5,000 is greater than 20% of the $23,500 and he felt that represented a large amount and if the motion passes and the appraisal comes back at a lesser amount, he believed Anderson had a legitimate point. Moore asked what criteria would be given to the appraiser to value the bond. Graves explained Anderson would ask his bond company to contact the appraiser and confirm their price for the bond, including the requirements the city wants the bond to cover. Moore stated he understood Bannock's concern but wasn't committing to making any changes as he believed appraisals are subjective. Bookey stated his concern in doing that was that bonding is based on financial abilities. Swarner stated she disagreed with the city holding the performance bond and asked if lowering the price of the land, which had been advertised and sold, would be illegal. Graves answered, because it was a public auction, those issues would have to be examined and could be a big hurdle. Finance Director Semmens stated his concern with the city buying the bond as the city would have to put up collateral to the bond company and if the contractor fails to perform, the city would be held liable. Graves explained the city would pay for the premium only and the developer would have to collateralize and secure the bond. Porter asked Anderson if this was one of the things he wanted council to do and Anderson answered, yes it was one of the alternatives he suggested when meeting with KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 7 the city manager and city attorney. Porter asked the timeline involved in contacting the appraiser, etc. and Graves answered the appraiser would be contacted and asked what would be required to have done what the city asks, if the motion is passed. He added, he didn't think a reappraisal would be needed, but perhaps the cost of the bond could be factored in and possibly offer a supplemental letter of opinion. Moore asked if the sale was official and Snow answered no, Anderson had not signed the Installation Agreement (part of the sale documents required is the performance bond). Bookey stated he wanted to maintain the deal that had been struck and agreed to previously. Bannock stated the deal had not changed because the city changed the requirements (the appraisal did not ,refer to the requirement of the performance bond) . Bookey noted, at the time of the negotiations and before it went to sale, it was understood by both parties there would be either a performance bond or reversionary clause. Williams asked Anderson if there were any other reasons he would not want the sale to go through other than the concern about the performance bond. Anderson answered no (including some kind of reimbursement to him and following through with an ordinance). Williams asked if he would come back and hold the city to the ordinance in order to make the deal go forward and Anderson answered no, if there would be some kind of reimbursement of the cost for the bond. Williams stated he would support the action because he wanted to see the deal made, however, when looking at a $5 million project, $5,000 seemed to be an insignificant portion of it. Moore asked, if the motion is passed, when would Anderson begin his construction. Anderson answered it could begin this construction season, depending on the outcome of the motion and the availability of contractors, etc. He noted, the agreement specifies the development would need to be completed within two years of the date of closing. VOTE: Bookey: No Swarner: No Moore: No Porter: Yes Bannock: Yes Williams: Yes MOTION FAILED. Williams noted the prevailing side is the "no" side and asked if there was anyone who voted no that wanted to reconsider. There were no requests for consideration. Bob Favretto -- P.O. Box 7672, Nikiski. Stated his concerns with the actions taken by council and expressed his belief that economic development was moving forward and not backward. BREAK TAKEN: 8:24 P.M. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 8 BACK TO ORDER: 8:40 P.M. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1922-2001 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund Fire Department for a Donation From Unocal Oil & Gas and the Kenai Fire Fighters Association to Purchase Equipment. MOTION: Councilwoman Swarner MOVED to adopt Ordinance No. 1922-2001 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: Bookey: Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 2001-59 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-59 and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. . There were no public comments. Councilman Moore asked if anyone was concerned with selling knives, which were included on the list. There were no concerns stated. Councilman Bookey questioned the sale of the screening plant and reasons for its sale were explained as: • The plant didn't have the capability to screen the sand (used on the runways) to FAA requirements; • There is no longer a sand source on city property; • Sand and top soil were now being purchased. • A minimum bid would be requested for the plant. Bookey noted the screening plant had a low amount of hours of use and to replace it would be very costly. He stated his concern there could be use for a screening plant in � KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 9 the future, to purchase another plant would be very costly, the plant couldn't be replaced for what will be received for it at auction, and this one could be stored outside for a long time without it being harmful. A brief discussion followed. MOTION: Councilwoman Porter MOVED to hold onto the screening plant and Councilwoman Swarner SECONDED the motion. It was suggested Administration reexamine the possibility of using the screening plant and it was noted by Airport Manager Cronkhite the determination to include the plant for auction was discussed by personnel from Public Works as well as the airport. They felt it would be more cost effective to buy sand and top soil. Public Works Manager La Shot added that if the city had its own sand source, it would be better to keep the plant. VOTE: There were no objections to removing the screening plant from the list of auction items. VOTE ON AMENDED LIST: There were no objections. SO ORDERED. C-3, Resolution No. 2001-60 -- Awarding the Bid to Seekins Ford for an Airport 3/4-Ton 4x4 Extended Cab Pick -Up Truck for the Total Amount of $24,701 and to Kenai Chrysler Center for a Building Department Utility Vehicle for the Total Amount of $22,048. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-60 and requested UNANIMOUS CONSENT. There were no public comments. Bannock requested to abstain from the vote on the resolution due to a potential conflict of interest. Williams stated he would separate the issue and allow Bannock to vote on the first part of the motion (award to Seekins Ford) . VOTE ON AWARD TO SEEKINS FORD: There were no objections. SO ORDERED. � VOTE ON AWARD TO CHRYSLER CENTER: KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 10 There were no objections. SO ORDERED, C-4. Resolution No. 2001-61 -- Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-61 and requested UNANIMOUS CONSENT. There were no public comments. Finance Director Semmens explained the number of signators is a matter of convenience and internal control (directed by code). VOTE: There were no objections. SO ORDERED, ITEM D: COMMISSION/ COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Porter reported the following: • Roger Meeks recently resigned from the Council on Aging. She requested applications be brought forward for review to fill the position. • Noted invitations to the 30-year anniversary Senior Center celebration were distributed and reminded council to R.S.V.P. D-2., Airport Commission -- Councilwoman Swarner reported: • The Air Fair was successful with 14 pilots flying the poker run. It was also noted approximately 200 people were fed at the barbecue in Soldotna and the breakfast served in Kenai was also successful. D-3. Harbor Commission -- Councilman Bookey noted the next meeting would be held on August 6. Williams requested Bookey to discuss the membership needs with the Commission and emphasize their continued involvement with the bluff erosion project. It was also noted the permit applications would be filed shortly and a representative from Petratrovich, Nottingham & Drage (PND) would be attending a future council meeting to report their progress. When that happens, it was requested the Harbor Commission be informed in order to attend the meeting. D-4. Library Commission -- Councilman Moore reported the next meeting was scheduled for August 7. D-5, Parks 8s Recreation Commission -- Director Frates reported the next 1 meeting was scheduled for August 3. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 11 D-6. Planning & Zoning Commission -- Councilman Bannock reviewed actions that were taken at the Commission's meeting of July 25 and noted the minutes of that meeting were included in the packet. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Councilwoman Swarner noted an application was included in the packet from Dorothy Tunseth who was reapplying for membership for the vacant seat on the Committee. There were no objections to Mayor Williams request she be appointed. D-7b. Kenai Convention & Visitors Bureau Board -- No report. D-7c. Alaska Municipal League Report -- No report. ITEM E: MINUTES E-1. Regular Meeting of July 18, 2001. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills exceeding $2,500 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, H-2, Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 using Substitute H-2. Councilman Bookey SECONDED the motion. Councilman Moore noted he was a relative to the owner of Moore's Landscaping but received no benefit from the relationship. No conflict was noted. The purchase of Builders' Risk Insurance for the Airport ARFF/ SRE facility was explained as part of the contract specifications and would protect the city as well as covering possible loss of contractor and subcontractor on -site materials. KENAI CITY COUNCIL MEETING � AUGUST 1, 2001 PAGE 12 VOTE: There were no objections. SO ORDERED, H-3. Ordinance No. 1923-2001 -- Increasing Estimated Revenues and Appropriations by $3,562.50 in the General Fund for Police Department Tools. Introduced by consent agenda. H-4. Ordinance No. 1924-2001 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Comprehensive Plan Capital Project Fund for an EDA Grant. Introduced by consent agenda. H-5. Ordinance No. 1925-2001 -- Amending the Kenai Municipal Code by Adding Chapter 8.20, Prohibiting the Use and Sale of Fireworks Within the City, Except for Authorized Fireworks Displays. Introduced by consent agenda. ITEM I: ADMINISTRATION REPORTS Mayor -- Mayor Williams reported the following items: • Attended a dinner hosted by Agrium, Inc. and their Board of Directors. He noted, Agrium is urging the state to continue the development of the gas pipeline into the Cook Inlet basin. • Industry Day picnic will be held on August 25 and Senator Murkowski will be attending. Because of other commitments, the council wouldn't be able to have a discussion with the Senator as has been done in the past. However, he suggested one or two of the council could accompany him (Williams) to the airport and speak with the Senator during the ride to the picnic. I-2. City Manager -- Referring to her report added to the agenda, City Manager Snow reported the following: • The Borough had appropriated $75K for additional development work on the West Side Recreational Use Area project and would, at some future point, request active support and participation from the city to advance the project. • She met with the Director and Assistant Director of PRISM who requested having regular meetings with them to continue monitoring their activities. • Brushing work at Municipal Park had been done, however she requested direction from council as to how much more improvements they were wanting for the Park. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 13 • Administration would like to apply for Department of Natural Resources 80 / 20 federal matching grant funds for improvements to Municipal Park, i.e. environmental restoration of the old campground area, landscape architectural work to provide improvement alternatives, etc. Snow requested direction from council whether to go forward as a resolution in support must be included with the grant application. • Reported she and former City Manager Ross met with a Fish & Game representative to continue the negotiations for the State's purchase of a conservation easement by the city dock. As part of the project, they discussed the possibility of a bird -viewing platform in the area along the left side of the dock road. Fish & Game submitted a proposal to the Exxon Valdez Trust for funding for the platform. The proposal has been accepted but not awarded as they want to learn if there is community support for the project. She requested direction from council whether a resolution in support of the project be prepared for their consideration. Porter stated her support of the park issues and suggested council direct Snow to prepare resolutions for council's consideration. She also noted she was delighted Municipal Park had been opened up and exposed and believed it would become more usable. Porter stated she would like council to direct administration to continue with the effort. Swarner stated she visited Municipal Park and agreed the park should be opened up but wanted to protect the native habitat (flowers, grasses, etc.). She stated she would not want the ground to be clear cut. Swarner also suggested cost information for contracting out the work be brought back to council if they agreed additional work was needed in the park. Swarner stated she also would like resolutions of support brought forward for the other two issues. Swarner requested the Peninsula Clarion reporter publish an article in regard to the bird -viewing platform to better inform the community. Williams requested a sketch of what would be built brought back with the resolution. He asked if maintenance of the platform would fall to the city. Williams noted there was maintenance needed on the existing viewing platform along Bridge Access Road. Discussion followed regarding clear cutting at Municipal Park and it was noted when clear cut, the lower ground cover grows better. Parks & Recreation Director Frates stated he believed what had been done was a vast improvement and suggested cutting back the growth along the sides of the road in the park. Williams requested administration further investigate and report back. Council had no objections to continuing efforts in regard to the bird viewing platform and requested resolutions be brought forward. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 14 Williams also noted he forwarded some information to Snow in regard to having new photographs taken of some of the city's facilities for hanging in the city manager's office. I-3. Attorney -- Attorney Graves reported the following: • He met with the owner of Jim's Towing and discussed the city's concerns (storage of junk in the front yard and screening the fence) with him and he is willing to comply with the issues. A subsequent meeting with the Building Official would be set for a walk-through and further discussion of compliance issues with the owner. • Administration met with the owner of RPMs and he was informed substantial improvements were needed to his property by Friday or the city would seek enforcement action with the courts. • He would be out of the office for a few days and would return on Monday, August 6. Swarner noted there was a vehicle in the right-of-way at the Jim's Towing property and asked how long it would be there before the city takes action. Graves stated vehicles parked in rights -of -way are referred to the Police Department. Chief Morris noted, after receiving a complaint, they confirm whether the vehicle is in the right-of- way and then make notification to the owner. I-4. City Clerk -- City Clerk Freas noted the following: • She received a request from the Visitors Center to ask council if they were wanting to compensate the Center for lost revenue from visitors of the art show during the city manager reception. Council offered no support of the request. • It was the first day for petitions to be taken out for mayor and council seats. She noted two citizens had taken petitions out for mayor, three for the council two-year seat and two for the three-year seats. I-5. Finance Director -- No report. I-6. Public Works Managers -- No reports. Bookey asked if the old street lights along Forest Drive would be removed since there were new lights placed with the road's upgrade. Bookey also asked when the road project would be turned over to the city. Public Works Manager La Shot noted a final walk-through was needing to be held and there was an extensive punch list. After those items are remedied, the city would take over the road's maintenance. Bookey suggested the old lights could be removed and perhaps used in other areas of the city. Airport Manager -- Airport Manager Cronkhite reported: • She is working with the VISTA volunteer through the EDD to acquire artwork for the terminal. She also noted the Parks Service would be updating their displays in the terminal. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 15 • The landscaping efforts in the cemetery would be continuing. She invited council to participate in the identification of areas needing additional landscaping and where new trees are to be planted. Cronkhite noted she was also working with the Borough Spruce Bark Beetle representatives and logging companies in regard to tree removal on the property across the street from the airport as well as the remaining airport property. She noted that information would probably be brought to council at their next meeting. ITEM J: DISCUSSION J-11 Citizens Randy Daly -- 108 Deepwood Court, Kenai. Daly gave a progress update for his business and stated his appreciation of the involvement the council makes in the community. J-2 s Council Bookey -- No comments. Swarner -- • Reported she attended a meeting with Kenaitze Indian Tribe representatives in regard to options for their health clinic (stay at current location and enlarge, move to a new location, use property in vicinity of new youth detention facility, etc.) . Williams reported the representatives were going to discuss their options with their board and he had received no response to date. • Reported a motor home was parked by the signs close to the Senior Center for some time and requested it be investigated. Moore -- Stated he had been by the bird viewing platform on Bridge Access Road and agreed it needed some maintenance work. Porter -- • Noted an old school bus was parked along the Erik Scout Park area and requested the Police Department investigate its ownership, etc. Bannock -- No comments. Williams -- Reported he met with strategy team representatives working for the Central Peninsula General Hospital who are evaluating long-term medical services in the Peninsula area for planning future growth, etc. They toured medical services, property, etc. Williams noted the volunteer board that directs the hospital was under contract with the borough and that the contract would be coming up for review during the year. He noted, there is some urging from the community for the borough mayor to take a decisive position in regard to renewing the contract or find another medical group to run the hospital. Williams suggested council monitor the situation because KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 16 the current board had not come to a conclusion of the future direction of the hospital. He added, the board is also urging council to encourage doctors to relocate to the area. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 9:55 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk ....v v - - � l