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HomeMy WebLinkAbout1999-01-06 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING JANUARY 6, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM A: 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. Dick Troeger -- Public Transportation for the Central Kenai Peninsula Task Force ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1808-98 -- Increasing Estimated Revenues and Appropriations by $60,000 in the Crow Court Capital Project Fund. 2. Resolution No. 99-1-- Requesting the Alaska Board of Fisheries to Take Necessary Actions to Provide for Protection of the Environment During the Dip Net Fishery at the Mouth of the Kenai River. 3. Resolution No. 99-2 -- Requesting the Alaska Board of Fisheries to Take Necessary Actions to Provide for Protection of the Red Salmon Fishery of the Kenai River. 4. *1998/99 Liquor License Renewal -- Pizza Paradisos/Beverage Dispensary. 5. *Liquor License Transfer -- Oaken Keg Spirit Shop #58/Package Store -- Corporate Stock Transfer from Carr-Gottsetein Foods Co. to Safeway, Inc. -1- 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. Historic District Board C. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report 1. *Regular Meeting of December 16, 1998. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS � 1. Discussion -- Kenai Municipal Airport Request for Qualifications -- Aviation Consulting Services -- SECOND DRAFT, ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1809-99 -- Amending KMC 14.20.280 to Require Applicants to Post Property Which is the Subject of a Public Hearing Before the Planning & Zoning Commission. 4. Approval -- Reappointment of Board, Commission and Committee Memberships. 5. Approval -- Assignment of Lease /Lot 4, Block 5 and Right -of -Way Between Lots 4 and 5, Block 5, Cook Inlet Industrial Air Park -- From Margaret A. Jackson to Michael Rumford. 6. Discussion -- Council Seat Appointment Process � -2- 7. Discussion -- Student Representative Appointments to Boards, � Committees and Commissions as Voting Positions. 8. Discussion -- Hotel/Convention Center Proposal ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING MINUTES l JANUARY 6, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 41 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 7:02 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: Williams, Bookey, Swarner, Moore and Bannock. Absent were: Smalley and Measles A-5, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: H-8, Discussion/Hotel/Convention Center Proposal -- CRG memorandum titled: Update to Economic Development Tax Exemption. ADD AS: H-9, Discussion/Approval -- Consent to Assignment of Lease for Security Purposes From Salamatof Seafoods to U.S. Small Business Administration. MOTION: Councilman Bannock MOVED to place Item H-8 after H-3 and before H-4. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. MOTION: Councilman Bannock MOVED for approval of the agenda as amended. There were no objections. SO ORDERED. A-6, CONSENT AGENDA � Mayor Williams reported he had no changes to the Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 2 MOTION: Councilman Bannock MOVED for approval of the consent agenda as presented and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1, Dick Troeger -- Public Transportation for the Central Kenai Peninsula Task Force Troeger explained the Task Force had been working for several months putting together a plan to offer public transportation to the Kenai Peninsula. The Department of Transportation has contracted with the Community Transportation Association of America (CTAA) in Washington, DC to provide assistance in developing a grant request which will be submitted to the State this month. The CTAA has successfully provided assistance in developing public transportation systems in Kodiak and Mat -Su as well as other parts of the country. Troeger noted, the Task Force was made up of approximately 40 people representing social agencies on the Peninsula. The funding for the planning grant will come from the Mental Health Trust Authority through the Department of Transportation although there are other federal funds available as well. Troeger explained, the Task Force intends to utilize the state funds for planning purposes and if that is successful, go to the federal government for implementation with their funds. Troeger requested council's support of the grant request to show the city is interested in the development of a public transportation system. He noted, there would be no fiscal responsibility or impact to the city. Troeger added, 32 of 40 Peninsula user agencies have signed letters of agreement supporting the project and the Kenai Peninsula Borough Assembly adopted a resolution doing the same. Troeger requested a letter of support from the council since there was not enough time before the date of submittal to pass a resolution in support of the effort. Troeger also noted he was representing Mayor Navarre on the Task Force and Navarre was sponsoring the Task Force and will support the request for a planning grant. Councilman Bookey asked who would be the sole operator of the system if funds were received. Troeger answered, they hoped to identify an agency to operate the system. He added, the lead agency for accepting and administering the grant will be the Resource Conservation Development District whose office is in Kenai. Troeger noted, they plan to hire a consultant to actually put the plan together with public input. However, through the planning process the type of system (conventional KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 3 transit system, combination use of existing facilities, coordinated effort for maintenance, fueling, driver training, etc.) will be identified. Council had no objection to offering a letter of support. Mayor Williams requested Clerk Freas to draft the letter. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1808-98 -- Increasing Estimated Revenues and Appropriations by $60,000 in the Crow Court Capital Project Fund. MOTION: Councilman Bookey MOVED for approval of Ordinance No. 1808-98 and Councilwoman Swarner SECONDED the motion. There were no public comments. Bookey asked City Manager Ross if administration was still comfortable with the amounts indicated for the project. Ross answered, they believed the numbers are close. VOTE: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Absent Bannock: Yes MOTION PASSED UNANIMOUSLY. C-2, Resolution No. 99 -1-- Requesting the Alaska Board of Fisheries to Take Necessary Actions to Provide for Protection of the Environment During the Dip Net Fishery at the Mouth of the Kenai River. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 99-1 and Councilman Bookey SECONDED the motion. Swarner requested UNANIOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 4 C-3. Resolution No. 99-2 -- Requesting the Alaska Board of Fisheries to Take Necessary Actions to Provide for Protection of the Red Salmon Fishery of the Kenai River. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 99-2 and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no public comments. Ross explained, the resolution requested two things: a. closing the dipnet fishery from 12:00 a.m. to 6:00 a.m., a one -tide closure on a daily basis in order to provide for fish escapement in the river, as well as to provide better enforcement of harvest limits; and, b. that the fishery be subject to closure on 24 hours notice when river escapement goals are not being met and reopened only when escapement goals are projected for attainment. Ross noted, during Board of Fisheries discussions last year it was explained the sport -type fisheries are not subject to the types of closures the commercial fishers are because the sport fishers cannot respond in the same fashion. Because the dipnet fishery is a resident -only fishery, the feeling is it could continue to be operated in that way and respect the strength of the runs. Ross continued, within the Fish 8. Game proposals to go before the Board in February, there are several proposals hitting on one or the other of these elements. However, most of them take a twist depending from what allocation group they came and had additional items added in. This resolution was taking only the two issues, which both the sport fishing industry as a whole and the commercial fishing industry would support. The resolution information would also allow the city to take a position on the issue without getting into the full allocation fight. Bookey asked if administration would be attending the Board of Fisheries meeting. Ross answered, if council requested. Bookey stated he would like Ross' attendance at the meeting at least on these two issues. Bookey added, he intends to be in attendance and suggested Mayor Williams would also be attending. Ross noted, Resolution 99-2 was not capsulated in any one proposal that is presently before the Fish 8s Game Board for the hearing. Councilman Bannock referred to the last paragraph regarding the 24-hour notification on closure. He asked who determines the escapement goal being met and Ross indicated Fish 8. Game makes the decision through the numbers of fish going through the counters. Bannock asked if Fish & Game was who the city was asking to make the decision of when the dipnet fishery should be closed. Ross answered, Fish 8v Game has no clear direction of what to do with the fishery when KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 5 the escapement count is not being made. He added, the resolution is asking the Board to give Fish & Game clear direction to close the fishery on a 24-hour notice because of escapement. Bannock asked if Fish & Game decides when to close the dipnet fishery as well as the commercial fishery, could the closures be made simultaneously, i.e. if the escapement goals are not being met, he wanted the dipnet fishery to be the first to be closed. Ross commented, that could be difficult since the commercial fishery has a Monday/ Friday opening and the dipnet fishery is open seven days a week. The determination should be made on a 24-hour notice on what Fish 8. Game sees as escapement. He added, he didn't think the two issues needed to be married. The resolution was asking that Fish & Game have the authority to close the dipnet fishery on a 24-hour notice if escapement goals were not being met without bringing it into being a sport versus commercial fishery issue, allocation issue, etc. Bannock stated he believed that was what he was suggesting, i.e. if there is an escapement problem, it is an escapement problem whether the fish are being fished out by the dipnet fishers or the commercial fishers. Williams suggested the closure be issued to the sport fishers as well because if there are no fish for the commercial or dipnet fisheries there would also not be fish for the sport fishery. Bannock answered, while he did not disagree with Williams, the resolution was speaking to the dipnet fishery issue. Ross explained, if Fish 8. Game decided to close the dipnet fishery on a Tuesday effective Wednesday or Thursday, it would not be married to a commercial fishery closure because their openings are on Mondays and Fridays. Williams stated he believed marrying the two fishery closures would make the issue more complicated. Bannock stated, what he wanted was if the commercial fishery is cut off by Fish 8� Game, he wanted the dipnet fishery cut off as well. How it would work is problematic, but was Fish 8. Game's problem. Ross stated he believed it would difficult to marry the two issues. He added, the commercial fishery can be shut off with practically no notice. The 24-hour notice to the dipnet fishery was in fairness to someone from elsewhere in the state who would be traveling to Kenai to fish. Williams stated he would support the resolution because it is one of many that will be addressing the same topic on a broad agenda. He added, he believed Bannock's thought of closing one fishery down if the other is closed is a good idea. Williams noted, the issue of the resolution may be taken up by the Board or may become moot, however he believed it was in the best interest of the city. Moore agreed he didn't believe the requests included in the resolution had a chance to be approved, however he appreciated the debate and the comments made. He added, the in -river escapement goals are different for the commercial fishery than they are for the sport fishery. There are two different sets of rules. Moore continued, the Board of Fisheries has allowed for increased in -river escapement to allow for the dipnet KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 6 fishery. The fact that the commercial fishery can be shut down can still allow for the dipnet fishery to remain open under current rules. What is being requested is to make a change in the management plan and that will be difficult. VOTE: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Absent Bannock: Yes MOTION PASSED UNANIMOUSLY. Williams referred to an article from the Anchorage Daily News which discussed salmon management for the Cook Inlet. He noted, there will be items brought before the Board of fisheries which will be detrimental to the wellbeing of the City of Kenai and its tax base in regard to the commercial fishing industry. He noted, the article discussed dropping the escapement management plan used for many years for another plan. Williams asked, if a cyclical return of the red salmon fishery to the Cook Inlet is reviewed and the maximum amount of fish are destined to the Kenai River for sport fishery in -river use, what does that do to the commercial fishery operating within the City of Kenai? He noted, the processing plants cannot work one out of five years. Presently one plant will not be opened again and two others are on the verge of making the same decision. Williams noted, the idea was to have a management plan that would allow for balanced returns. An "optimal returns versus biological maximum returns" discussion has been going on for years. Williams stated he believed the City of Kenai was being caught in a squeeze from up -river and fueled by the Alaska Sportfishermen's Association and the Kenai River Classic. It is also being squeezed by the Mat -Su Valley. Both want to increase runs in the Cook Inlet to help their sportfisheries. Williams stated, the council has tried to stay out of the commercial versus sportfishing discussions, however the changes to be made will affect the commercial fishing industry in the city which will also affect residents, the tax base, families, etc. Williams suggested another resolution be prepared for the January 20 council meeting strongly recommending the commercial fishery be given equal opportunity, be allowed to expand their operation, and they share more fully in the resource than they have been able to in the last several years. Moore stated he would like the resolution to stress the industry's economic importance to the community. He added, economic dependency of a fishery in a community is a topic to which the Board listens. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 7 Williams also requested administration to prepare a list of the major tax base processors within the City of Kenai (those who have a great deal of land and equipment all within the city's tax jurisdiction) and pictures of revenue with regard to the commercial fisheries (revenue at airport, fuel sales, etc.). C-4. 1998/99 Liquor License Renewal -- Pizza Paradisos/Beverage Dispensary. Approved by consent agenda. C-5. Liquor License Transfer -- Oaken Keg Spirit Shop # 58 / Package Store - - Corporate Stock Transfer from Carr-Gottstein Foods Co. to Safeway, Inc. Approved by consent agenda. ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- Swarner noted the Senior Center's newsletter was included with the packet and thanked the Senior Connection for the poinsettia. D-2. Airport Commission -- Director Atha reported a short meeting was held in December. He added, the airport RFQ process was questioned and he was asked if the Commission would be involved with the process. He informed the Commission they would be involved and council would decide the direction they will take. D-3. Harbor Commission -- Bookey reported the next meeting was scheduled for Monday, January 11, 1999. D-4. Library Commission -- Moore reported a meeting was scheduled for January 5. He noted, for the first time in a long time, there was no quorum reached. D-5. Parks & Recreation Commission -- Bannock reported the next meeting was scheduled for January 7, 1999. D-6. Planning & Zoning Commission -- No report. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting was scheduled for January 12 at 5:30 p.m. She noted, the Committee was short one member. She requested a plant be sent to Susan Hett at her new work address to thank her for her time and devotion to the beautification of the city. � There were no objections stated by council. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 8 D-7b, Historic District Board -- Moore reported the next meeting was scheduled for January 18. D-7c. Kenai Visitors & Convention Bureau Board -- No report. D-7d. Alaska Municipal League Report -- No report. ITEM E: MINUTES E-1, Regular Meeting of December 16, 1998. Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS G-1. Discussion -- Kenai Municipal Airport Request for Qualifications -- Aviation Consulting Services -- SECOND DRAFT. Williams explained the second draft of the RFQ had been prepared by administration solely on what council requested at their last meeting. He added, he was unhappy with the issue of the RFQ and the direction the study had taken. He discussed the matter with City Manager Ross and indicated to him that he would be asking council to drop the issue as it is now. Williams continued, reasons for his suggestion to drop the matter involved the fact the city had put itself in a box. Williams referred to the two items of assessment council requested, "provide an assessment on the ability of the State of Alaska through the Anchorage and Fairbanks airports to meet the project growth needs of heavy cargo and aviation," and "survey the aviation industry and other appropriate sources and make an assessment of how future growth of heavy cargo aviation in Alaska could affect Kenai." Williams noted, the information for the first assessment is public information and can be obtained by someone with the ability to gather the information and put it together. He added, he didn't see a need to hire a type of consultant once thought needed to do this work. Williams, referring to the second assessment, explained that would narrow the scope of the original intention so tight that he was not sure he wanted to get into that portion of the RFQ at this time. He added, in order to pacify council, the public, FAA, administration, etc., what they originally wanted to do was destroyed. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 9 Williams explained there are funds being made available through the Department of Transportation (DOT) to do baseline studies to investigate regionalizing airports throughout the state. He added, regionalizing the airports would mean all the airports on the Kenai Peninsula would come under the study, except the Kenai Municipal Airport (because it is not state operated). If the study could address the Kenai Municipal Airport, a comprehensive picture of what air transportation should look like in the future for the whole Peninsula. Williams noted, discussion had taken place to change the name of the Kenai Municipal Airport to the Kenai Regional Airport. He suggested to go further and call it the Kenai Regional Airport Authority, and then, in the future, if the state wants to relinquish its commitment to run airports on the Peninsula and wants to turn it over, that responsibility could be turned over to the Kenai Regional Airport Authority. Williams added, a pitfall of organizing an airport authority would then cut out the City of Kenai from control of the Kenai Airport. A study could investigate the advantages and disadvantages to these suggestions. Williams advised, the monies available under a grant could probably be had with the City of Kenai's political support. He suggested the Economic Development District (EDD) be the receiver of the grant and they would then coordinate and do the work. Williams added, he strongly recommended the city put up some money to enhance the grant to determine the needs of the Kenai Airport and what the city's position in the overall study should look like. At the same time the study is going on, the city administration would continue to look for other businesses, development programs, etc. to enhance the Kenai Airport, and to work with the EDD in developing the study. Swarner asked how much money Williams had in mind to add to the grant monies and from where would those monies come. Williams answered, probably 25% of the grant (if the grant is $100,000, the city would add in $25,000) and thought the funds could come from the airport funds. Swarner stated she was hesitant to contribute money to another study when the city would not have the full control over the study and what is provided to the city. She added, she saw the benefit of a study for all of the airports, but wasn't ready to contribute to someone else's study at this point. Williams stated, he believed the contribution the city would make would be made to insure the information the city wants included in the study to be forthcoming. He added, none of the information would be proprietary. It would be public information. However, since it is a state grant and would cover only state airports to lead to a potential authority that is run by the Kenai Peninsula Borough, all the information gathered would be singled out for them only. The city would be wanting to tie in and get that information plus what the city wants to find out through the study as well. Bookey stated he felt as Swarner did, i.e. if the information is public information already, he would rather continue with a study for just the city's airport. Williams stated, he thought that as long as a study is being done and the city is investigating issues, it could be done for a lot less cost if it is done by EDD. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 10 Atha stated he discussed the matter with Tess Whelan (EDD) and it was suggested the city have representatives involved in the study to ensure the city's interests are noted. He added, he felt this would be a good partnership and advantageous to the city. Bannock commented, he couldn't argue with some of the logic in entering into that type of a study, however he had stated at the last council meeting, the city is in the process and studying the matter to death. He added, that was the only thing accomplished since the matter came before council. Bannock stated, he didn't like the second draft of the RFQ. He added, what his intentions were for a study was to find out want the potentials are for the Kenai Airport, if the Airport can be expanded, is there a market to make an expansion, etc. He noted, the RFQ did not accomplish what he wanted, nor did the study Williams suggested. Bannock stated he wanted to proceed, find out the answers to his questions, etc. Swarner stated she agreed with Bannock and added, she was interested in finding out if it will be viable to expand the airport. Williams stated, to know whether to go forward with a project, you first have to find out if it is viable (Public Health Center, Visitors Center, etc.) . Williams added, part of the failure of getting a study started rested in the fact the general public didn't have the slightest idea of what council wanted to do and never had an idea. Bookey stated he agreed with Williams, but felt the council should take the blame for the misinformation because it didn't do what they should have to inform the public. Swarner stated, she agreed with Bannock that the draft included in the packet was not what council was wanting, but didn't say she didn't want a study done. She added, what Williams is looking for is not what Bannock was wanting. Bannock agreed with Williams that money for feasibility studies is good, but what he wanted to do was use some seed money and find someone who will get the real answers -- what airline is wanting to expand, what can offered to want the airline to come to Kenai, etc. Ross stated he was confused as he was directed to change the RFQ document from a general type, allowing a general approach to a business plan of what types of aviation is compatible and direct it to heavy cargo aviation. Heavy cargo aviation is not compatible with the existing runways, developing to the north or west of Kenai, or anything within the city limits. He added in May he reviewed the matter with council stating there are designated caribou calving areas on which no one will be allowed to intrude. If council wants to investigate heavy cargo aviation, it would be probably something needing to be placed well to the east of Kenai and probably out of the city limits. Ross continued, if council's concept is to investigate general aviation, he thought the city should be involved in the plan to look at the whole Peninsula (EDD) and be on KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 11 the inside of that investigation. Ross asked in what areas did the draft not capture what council had requested at their last meeting. Bannock answered, he said at the last meeting, he didn't feel the city was going in the right direction. He added, he felt the study being discussed would be the first step in the wrong direction. Williams stated, the airport has been studied a lot over the years. This study needs to answer questions such as, is the airport always going to be in the same location; if it is moved, when will it need to be moved; if it is going to be moved, should the city continue to spend money when it may result in $30 or $40 million over the next 15-20 years; and should something different be done with the airport. Williams noted, he had told administration he felt the RFQ was inadequate as it shouldn't cost as much because 75% of the information is public, etc. He referred to a letter received from Mr. Abers in which he made a good case to his thoughts that there is a lot of information available that is public information when Abers presented numbers in relation to projects going on at the International Airport. Williams added, he didn't agree with much of what Abers said in the letter, however. He noted, the information about the projects was public information. Moore stated he thought council was back to where council had wanted to go with Carter's contract, but perhaps modified. Bookey stated he had not been comfortable with this direction since the beginning and it wouldn't bother him to drop the subject at this time. He added, he didn't have objections to going forward with a program with EDD as long as it is kept on a minimal level because he felt, like the city manager, the city would be better served being on the inside of the study. Bookey added, he also agreed with Bannock in that if the city was going to become active in developing the airport, there are questions that must be answered. He thought that was where the discussion was going to begin a year ago and now he didn't think council or the public knew where they were going with the discussion. Ross stated, at the last meeting when he was directed to change the language to heavy cargo, it changed the flavor of the RFQ to where it was not talking about the Kenai Municipal Airport as it is now at this time as the location would have to be different. He added, if council was asking what opportunities are available to the airport as it is now, he encouraged council have administration investigate how the city could participate with the DOT study which will be a much broader study of aviation on the Peninsula. Bookey stated he agreed with Ross. Williams noted, through the evening's discussion, administration is to work with the EDD in the event they are able to get a grant from DOT and join them in an effort to seek out answers related specifically to the Kenai Airport. Williams suggested to direct administration to proceed along those lines, not yet having spent any money and not spending money until such time administration has � developed a plan by which they can function with the EDD. Swarner requested KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 12 administration also include in their report from where the funding will come for the proposed city's participation, how much is expected, and what a minimum amount is. BREAK TAKEN: 8:20 P.M. BACK TO ORDER: 8:30 P.M. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2, Purchase Orders Exceeding $2,500 MOTION: Councilman Bannock MOVED for approval of the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. Bannock requested UNANIMOUS CONSENT. Clerk Freas noted at the time the list of purchase orders was developed, it was unknown who would have the catering contract for the employee appreciation dinner. Since then, a choice was made to hire The Chase Is Over for the event. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 1809-99 -- Amending KMC 14.20.280 to Require Applicants to Post Property Which is the Subject of a Public Hearing Before the Planning & Zoning Commission. Introduced by consent agenda. H-4. Discussion -- Hotel/Convention Center Proposal (moved from H-8). Williams explained, the discussion during their last meeting asked if council would be interested in offering a tax exemption to a group of investors who want to build a hotel/ convention center in the city. He referred to City Attorney Graves' KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 13 memorandum included in the packet, as well as the one added to the packet at the beginning of the meeting. He noted, the added memorandum offered legislative history may allow tax breaks to be given. Williams stated, the question to council is whether the city should investigate the request from the standpoint of private enterprise and what effect it might have on existing hotels or the future economic development of the city. Williams reported, he and Bookey had discussed the matter with some of the hotel operators and they are not overwhelmed with the idea of giving someone else a tax break in order to build another hotel. He added, council could consider a tax break limited only for the building of a convention center. Williams noted, the council would not be discussing how it would be involved in developing the project as it is strictly a private enterprise system which is asking for some incentive to do the project. Williams added, the biggest share of the tax break being requested would fall to the Borough as the city's share would only be 25%. He noted, without the tax break, he didn't believe the private enterprise would be interested in proceeding with the project. Bob Favretto -- 1531 Toyon Way, Kenai. Favretto stated, he is a member of the Economic Development Committee which was developed a few years ago. When he agreed to chair the committee, he said his goal would be to welcome projects that are good for the community and strengthen and enhance the existing businesses in the city. He added, there are four motels in Kenai at this time. To make money, they have to keep a 65% occupancy rate and none are able to do that. Favretto noted, he was in favor of a convention center whether private or public, as it would enhance the present hotel/motels in Kenai. However, he was not in favor of it if it is tied into another hotel/motel as that would be devastating to the present motels in Kenai. Williams explained, his understanding is the developer group would build the hotel/motel to offer the remaining rooms needed to accommodate those attending functions at the convention center above the rooms the present facilities have to offer. He added, the convention business in Anchorage is driving the interest in building a convention center in Kenai. Favretto stated, the geographics of the City of Kenai would allow a convention center anywhere in proximity to the center of the city and all four of the present hotels would be very close and would be able to accommodate transportation, etc. rather than building an additional hotel in connection with the convention center. He added, he believed it would be convenient to a convention center with what the city has to offer at this time and still enhance the businesses already present and not dilute them. Rick Giesler -- Giesler stated it was difficult for him to understand why the council would consider giving outside businesses a tax break when over the last five years KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 14 there were many small businesses in Kenai that went out of business. He added, he believed the ARFF was similar to a convention center and asked what it had done for the city and the motels. Williams noted, tax breaks have been used over the years to encourage large businesses to build refineries, etc. in the State. He added, through internet sales, the city lost approximately $6 million in commercial sales in the last year. He noted, the loss of sales tax from those sales affects the city and the small businesses. He added, the whole issue is not simple. Giesler suggested enhancing the local businesses should be a priority over bringing new businesses into town. He noted, he didn't think council was helping the city grow because it was not taking care of the people that has taken care of the council. Williams requested Giesler to bring a list to him that he believed would help the economy of the city. Upon review of the list, Williams added, he would try to bring about some of the changes suggested. Williams noted, economic development hardest to get started. Williams asked if he was understanding council did not want to offer a tax break to a private enterprise if they want to build a convention center. If they build a convention center, they do it on their own with no tax incentive. Bannock stated he has been a great supporter of private enterprise. When talking about a tax incentive, at this time the city would not be able to offer a tax break without changing the code. He added, the property tax information available at this time is not clear whether it could include a hotel/motel convention center. Bannock added, he would encourage the building of a convention center in Kenai as a private enterprise. He would consider a tax incentive to a new business. However, he believes a new business is one that is not a competing type of business to businesses already in the city. To offer an incentive to a business to come to town who would be competing with present businesses would be a slap in the face of the present businesses. Bookey stated he agreed with most of what Bannock stated. He added, the city could only issue a 25% reduction in taxes to the developer, of which he would not be in favor. The remaining 75% would have to come from the Borough and thought it highly unlikely that would be acceptable by the Borough. He noted, the Borough has the same money problems as the city. Bookey added, if someone wants to come to Kenai and open a hotel on their own, they're welcome. However, he was not willing to give them an unfair advantage with a tax break. Williams stated he would contact the developer and tell them there would be no tax incentive. Bannock stated, he was not opposed to reviewing an incentive for a convention center because there is not one in Kenai, but would not be interested in offering an incentive to a competing business. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 15 Bookey asked Bannock if he meant a hotel/ convention center would come to town, he would be willing to give a tax exemption to the convention center portion. Bannock stated, he would be willing to look at an incentive of some sort. However, if it were a hotel and asked what the city would do for it that is not done for another hotel, he would not be interested in that discussion. Williams noted, with consensus of council he was directed not to continue discussions with the developer because the discussion did not involve only a convention center. Bookey noted, that was how Williams presented it at their last meeting -- a convention center/hotel operation. He added, he did not intend to actively support a hotel industry coming to town with a tax exemption. Moore asked if a tax break was the "make -it -or -break -it" of the project. Williams answered, there are two things: a ten-year tax moratorium and the insistence the convention center be tied to the hotel for service purposes. He added, there would be a caveat that if the corporation were to sell within the ten-year moratorium period, all the taxes would be repaid at the time of sale. H-5. Approval -- Reappointment of Board,. Commission and Committee Memberships. Williams referred to the memorandum included in the packet noting those persons whose terms were ending in January and who wanted to continue, who wished not to continue, and who had not contacted the Clerk in regard to continuing. It was noted, Nancy Burton requested not to continue due to health concerns and Mike McCune had not contacted the Clerk. The remainder of the people wanted to continue. MOTION: Councilwoman Swarner MOVED for approval of members as presented by the Clerk. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-6. Approval -- Assignment of Lease /Lot 4, Block 5 and Right -of -Way Between Lots 4 and 5, Block 5, Cook Inlet Industrial Air Park -- From Margaret A. Jackson to Michael Rumford. Ross reported administration recommended approval of the assignment of lease. MOTION: Councilman Bannock MOVED for approval of the assignment of lease for Lot 4, Block 5 and right-of-way between Lots 4 and 5, Block 5, Cook Inlet Industrial Air Park from Margaret A. Jackson to Michael Rumford. Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 16 Williams stated he remembered discussion from some years back about leasing a right of way. It was noted, the lease of the right-of-way would not be changing, it would only be assigned to another leaseholder. Ross noted, there was nothing in the lease file questioning the leasing of the right-of-way. VOTE: There were no objections. SO ORDERED, H-?. Discussion -- Council Seat Appointment Process Williams requested suggestions for the process from council. Bookey suggested the process be similar to the process council used to interview for appointments to the Planning 8. Zoning Commission recently. If so, he would like to begin the process the end of January or the beginning of February. Williams noted the Charter and Code gave no real guidelines on how to choose an appointee. He added, interviews could be held or council could poll itself to find out if there is a favored person. Bookey stated he would be comfortable making a decision from the list and resumes. Bannock stated he would like to have a work session to have a discussion with the applicants. He added, most of the people on the list he knew personally, however there were some of which he was not familiar. Bannock noted, what he finds incredibly unique is because the council would be holding its own municipal election without a municipal election being held and he did not take the responsibility lightly. He thought it would be healthy to hold a work session and interview the applicants. Moore stated he would like a work session but was not sure he was comfortable with the process used after the Planning & Zoning applicant interviews, i.e. phone polls to get a consensus. He added, he would like to see some discussion by council on the appointment prior to a selection being made. Moore noted, he was not sure what premises that would have to take, i.e. executive session, etc. Attorney Graves explained, state law allows a person to have the option to require the meeting be held in public, i.e. evaluations. Williams stated he would be reluctant to hold an executive session and exclude the public based on Bannock's comments. It is a unique situation and council is making a decision for 7,000 residents. Swarner stated she would like a work session held with question and answer period included. Swarner noted, she and Williams were on council when Sallie Bailie was appointed to fill Tom Ackerly's seat. However, this time there are no former council KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 17 members who have applied. She added, on the list there are several candidates who ran for council in the past. Swarner added, she would also like to be able to go to executive session maybe before the interviews are held to review questions to ask, etc. Graves offered to prepare a memorandum outlining in more detail the parameters a potential session could take if council is interested in going in that direction. Bookey stated he would be uncomfortable to go into executive session. He added, in order to seat the person, it would take a motion from the floor and a vote by council which has to be public. Williams stated a public meeting would be held where the candidates will have to withstand the scrutiny of the general public. He advised the candidates that the office will be from the time of appointment until the next election (in October) . Whoever chooses to run for election in October to fill the remainder of Smalley's term, will be elected for one year. Swarner thanked the two candidates in the audience for their interest in attending the meeting. Williams asked how a person will be able to decide what council position they would be running for in October. Clerk Freas answered, it would be determined by the petition the person takes out. The candidate would state on the petition if he was wanting to run for a one-year term or a three-year term. The ballot will have two places to vote for candidates. One will be "vote for no more than one for a one-year term" and the other would be "vote for no more than two for two three-year terms." Bannock suggested holding a work session in January and make a selection and appointment at the February 3, 1999 meeting. Council set a work session for either January 26 or 28, at 7:00 p.m. at the Senior Center. Director Kelso will verify the availability of the room to the Clerk who will then notify council of the date. Freas was requested to have a light dinner available. H-8. Discussion -- Student Representative Appointments to Boards, Committees and Commissions as Voting Positions. Williams referred to Attorney Graves' memorandum included in the packet which noted council discussed whether student representatives to commissions, committees and boards should be voting or non -voting members. In the memorandum, Graves explained at this time there are two student representatives, one to the Library Commission and one to the Parks 8v Recreation Commission. The student representative to the Library Commission is the eighth member and is non- voting. The representative to the Parks & Recreation Commission is the seventh member and votes. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 18 Graves' memorandum also explained the code provides for each commission, committee and board to have seven voting members and if council wanted to appoint student representatives to the remaining commissions they could either appoint the student as a regular member (like Parks); it could appoint the student as an eighth ad hoc non -voting member (like Library); or amend the code to designate a seat on a commission for a student (however if the code were changed to require a regular voting seat for a student, council would have to unseat a current commission member to give to a student). Bookey stated he would like the commissions to stay as they are with seven members. If a student wants to be involved, he/she could be appointed as a regular member and if there's a student who wants to become an eighth member as a learning experience, that could be allowed. He added, he did not want to remove existing members of commissions in order to place a student representative. Bookey stated, consistency is needed for all the commissions. Graves noted there is no age requirement mentioned in the code for any of the memberships to commissions. The only requirement is they be residents of the city. Swarner stated she always thought the commissions were seven members and the student was an eighth, non -voting member. She added, she would like all the commissions to be that way. Swarner stated, she would make the Parks & Recreation student representative consistent with all the other commissions. Bookey agreed. He added, if the Parks & Recreation student representative wants to maintain the voting seat as a student, that would be acceptable. In the future, when that member resigns, then put it back to the same procedure as the other commissions. Williams noted, that brings the responsibility back to the council since there are no guidelines as far as age. The council has to exercise its judgment as to the candidate's qualifications to serve on the commission. Bannock stated he really liked having a student as a voting member to the Parks 8. Recreation Commission. As council liaison to the Commission, he has worked with six student members and all have been a positive addition to the Commission. He suggested making the seventh position to the other commissions as a student representative seat and allow them to vote. In response to the concern that one existing member would have to be unseated, he suggested that be done through attrition when there is an opening. Bannock stated he would not be in favor of placing a student on Planning & Zoning because of the APOC requirements. Swarner stated she would like to have student representatives on all the commissions, committees and boards, including the Planning & Zoning Commission, but as an eighth, non -voting member. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 19 Williams asked Graves if an ordinance would have to be brought forward to augment the existing rules of appointment. Graves answered, if council wants to legislatively designate one of the seven seats on a commission for a student representative, the code would have to be amended. Also, clear definition of a student representative should be included in that amendment. Graves added, if council wants to pick a student as a qualified member and appoint them to a commission, council could just do that, treating them like anyone else being appointed to a commission, committee or board. Williams asked council if they wanted to designate a student representative seat to all the other commissions, committees and boards. Bookey stated he didn't think council had to designate a seat as they were all open and a student could apply like anyone else. Williams stated he thought a clear definition was needed in case a student is recruited for a particular commission. Bookey stated, he felt all the commissions were open except Planning & Zoning. Swarner stated she thought they were all open for all the commissions and wanted legislation to allow for a non -voting student on all the commissions and committees. Williams asked if they were looking at the seventh voting member who could be a student. Swarner was not in favor of that but Bannock stated he was. Bannock added, it is the prerogative of the Mayor and Council to place anyone they want and that there is a commission that does have seats specific, i.e. Airport Commission. He added, he liked making sure there is always a student member to the Parks 8� Recreation Commission. Williams directed that appointments will be made as they have been and make a concerted effort to appoint the next person to any of the commissions, committees or boards from the student population except for the Planning 8. Zoning Commission (due to APOC requirements and that the Planning 8. Zoning Commission have direct statutory authority) . Williams continued, as a seat comes open on other commissions and committees, council will make every attempt to seat a student voting member on it. In regard to the Library Commission, should a seat come available, the student will be moved into that position and become a voting member. Bookey asked if the students were going to be appointed to three-year terms like the other members. Williams stated they could be appointed to a three-year term and when they resign the position the next person would continue the rest of the term or change the code to create a student term for the student seats. Williams stated he would prefer keeping the code as it is and when the student resigns, replacing the position and continuing the term. Williams stated it would now be the policy of the council to ensure there is a student voting member on every commission, committee and board except Planning & Zoning. There was not total agreement. Moore asked what would happen if no KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 20 student volunteers apply and there are others in the community who want the seat. Williams stated he would qualify the students to be those who are high school students and residents of the City of Kenai. H-9. Discussion/Approval -- Consent to Assignment of Lease for Security Purposes From Salamatof Seafoods to U.S. Small Business Administration. Ross explained, this is an SBA loan in a second position behind an assignment for security with Salamatof Seafoods and is an SBA fishery -type loan. Ross added, administration recommends the consent to assignment of lease be approved. Swarner asked if the leaseholder was current on lease payments. Ross answered, yes. MOTION: Councilwoman Swarner MOVED for approval of the assignment of lease as presented by the city manager and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM I: I-1. Mayor ADMINISTRATION REPORTS a. Dairy Queen -- Williams asked the progress of the appraisal of the property. Ross reported there has been some renewed interest. Administration did not receive aback -down on the appraisal. It appeared a new appraisal will have to be ordered. He added, he will be meeting with an interested party in the morning and there is a broker who has an offer on the table (though there are some elements of the offer that are not acceptable, but the offer is for the appraised value). Ross added, the broker is not a party or parity to the party and would then be entitled to a live percent commission if the sale goes through (according to the code). Ross stated if council stated no objections, he would follow the code in regard to the five percent commission and would advise the broker. There were no objections voiced from council. Williams reported he had received a telephone call from Mr. Norville in regard to the property and asked if it would be appropriate for administration to contact him and inform him of the sale offer on the table. Attorney Graves stated the matter was not confidential by law and it was reported in a public meeting. He did not believe in would be inappropriate to contact Norville since he had expressed interest in the property. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 21 b. Cunningham Park -- Williams reported, directors of the Cunningham Park granting group are interested in how the city is progressing with the engineering as they would like to have their portion of the project completed by July 4. Kornelis stated there are rough preliminary drawings and the engineering firm is working on the project. When something more substantial is available, they will be contacting the group. Ross stated, before the design goes to the Board of Directors for their approval, he has requested the plan be brought to council due to a decision needing to be made of whether or not the design should include a boat ramp or not. Ross added, Parks & Recreation Director Frates gave a presentation of the preliminary design before a local club and that was an item questioned severely, i.e. whether the park was going to be designed as a launch park, whether there is parking room, whether it will change the flavor of the park, etc. Concerns were also whether it is a launching area, would the guiding services tie the ramp up and take up the parking area with their gear which would impede local residents and tourists' use of the park. Ross added, he anticipated a presentation of the plan will be made at the January 20 council meeting. William stated his concern that if the ramp was ever closed, it would not be possible to get it opened again. Bookey stated he would like to see the proposal and added, the ramp could probably be maintained at some level, but was not interested in upgrading the ramp. He added, he wanted to keep the park available for residents. I-2. City Manager a. Y2K Reviews -- Ross reported the department heads were reviewing their departments' computer equipment. At this time, it seems there are no problems. Inquiries are being made in regard to the telephone systems. He added, if there are computers needing to be changed out due to the Y2K requirements, he has asked the departments to make their purchases from existing budgets. He reported he would be purchasing a new computer for his administrative assistant and he would acquire the assistant's computer for his use. b. Borough Land Transfers -- Ross reported he attended the Borough Assembly's Land Committee meeting prior to their assembly meeting last night. At the committee meeting they discussed the ordinance to transfer the properties on which the Challenger Center and multi -use facility will be built. Comments were made at the assembly meeting by Rick Baldwin and Nate Kiel. The transfer ordinance was passed by unanimous consent. The borough's ordinance agreed to work a deal with Mental Health Trust for the land and also agreed to transfer the land to the city for these two projects. Ross added, he expected to bring a resolution forward to council for formal acceptance of the land at the first March meeting. In the meantime, with the written consent from Mental Health Trust for use of the land, he will proceed with the process for a conditional use permits for the projects before the Planning 8. Zoning Commission. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 22 C. Gravel Pits -- Ross reported administration had been reviewing compliance problems of gravel pits in the city (buffering and sloping) . He noted, there are several pits that have problems along their back lines and the city owns the properties on their back lines. In reviewing what the city can do to require compliance versus the city can never access the land, and the city will need gravel (for the parking at South Spruce), he suggested a presentation be made to the Planning & Zoning Commission to pull off a 200 foot strip along the back of the gravel pits. The concept is to create buffer and slope (which is required) and exchange the land for gravel (there is gravel on the property, however the city cannot access the land to retrieve it) . Ross noted, there has been some discussion of zoning the city's property Conservation and this would not be incompatible with that because there would be a buffer and slope. Ross added, unless council objected, he would be sending the item to Planning & Zoning for discussion. Bookey asked if Ross was referring to pits on the north side of the road. Ross answered yes, from Foster's to Zubeck's. No objections were stated. I-3. Attorney -- Graves reported copies of the Kenai City Code were available for council on CD-roms. He also reported the Code was now available on the city's web page and urged council to telephone him or his secretary if they have any questions. City Clerk a. Day -Off Certificate -- Freas reminded council they have offered a free day -off -with -pay certificate as a door prize for the Employee Appreciation Dinner in the past and asked if they would like to do it again this year. MOTION: Councilwoman Swarner MOVED for the council to continue to give a day off with pay as a door prize and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. Williams referred to a question asked in Freas' memorandum asking whether council had objections to purchasing door prize items (overnight stays, etc.) with city from the dinner budget. A short discussion followed in which council members stated they would prefer purchases be kept to businesses within the city. I-5. Finance Director -- Director Semmens stated he would present a mid- year budget report to council during their next meeting. He added, all budget packets have been distributed to the departments. I-6 Public Works -- No report. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 23 I-?. Airport Manager a. Air Cargo -- Atha reported he's received a number of planning documents from the Anchorage International Airport for their development and cargo planning documents. They have also requested them from Fairbanks Airport as well. Atha added, he also received an attendance list from the Air Cargo Conference which was held in Anchorage last summer. He hopes to attend that conference next year. b. Short Wing Piper Club -- Atha reported they have been working with the Club to try to track their annual conference in the next year or two. He noted, that would be two to three hundred people who would attend, buying food, lodging, etc. They have stated an interested in coming to Kenai. They are also attempting to attract some other specific aircraft owners' associations to visit Kenai as well. Atha added, he had also been trying to develop a budget for a float plane fly -in and static aircraft display possibly in concurrence with Industry Appreciation Day. This would help in informing the community of the importance of the airport to the community. b. Additional Airline -- Atha reported they have been working on interesting another airline to move into Kenai. Airline Support will be meeting with the Merlin Company in Texas on January 11. Atha added, at this time it looks fairly positive that they will acquire leases on aircraft. If they do, there is a good chance that by the end of the month there will be another commuter airline in Kenai. C. Advertisement and Development -- Atha reported he has been working with the KVCC to develop a presence on their web page because of the positive spin-offs that can happen. Atha suggested some guidelines in regard to the development of the airport be developed to get information out to the community regarding the properties available for lease, services available, flight schedules, etc. Also to inform the public of the link the airport has to the community. d. Airport Restaurant -- Atha reported the restaurant closed for the holidays and has not reopened. Atha noted, they have put the lessee in contact with people who are interested in subleasing. He has discussed the matter with the Economic Development District and Chamber to get some business support. e. FBO Aid -- Atha reported he has been meeting with FBO operators and offering some advice and education how to provide a higher quality of service and meet the needs of the people using the airport. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 24 Kornelis reported he had heard from the DEC regarding the grants the city submitted. He referred to Information Item No. 7 which was a list of the DEC priorities. The Sewer Treatment Plant Expansion and Crew Addition at the Plant were on the list and were low on the list. Ross reported he and Kornelis have met with people from Mission Street and are working with utilities about relocating the utilities and abandonment of the property. They are investigating whether or not funds can be used from the water line looping grant for part of the engineering costs on the project. Next year, once the engineering is completed, they intend to submit the project. He anticipates that project will score very highly. Kornelis reported he recently received information from Peratrovich, Nottingham & Drage regarding bluff erosion and will be taking it to the Harbor Commission for discussion. ITEM J: DISCUSSION J-10 Citizens Mark Schrag -- Schrag referred to the discussion about the hotel/convention center and reminded council of the comment Robert Newbry made that a Kmart he used to work at doubled their business when a Walmart was built across the street. Schrag stated he was concerned/ disturbed about the Planning & Zoning Commission appointments in that often over the last year he heard comments that people should submit applications to be appointed to the commission. He added, they were never informed at those times that an applicant had to fit into a narrow slot. Schrag asked council not to be afraid of diversity because he felt it was a good thing. He added, times are changing and it will take new thoughts and new thought patterns. Schrag asked council when they consider placing a council person as a liaison to a commission, be sure they are fair and impartial so they don't bias the commission members. He added, it is important the public have a good sense they are being treated fairly when they come before a commission to give testimony. Debbie Sonberg -- 410 Cinderella, Kenai. Sonberg stated she agreed with Schrag's comments. She asked where all the discussion took place after the work session and prior to the council meeting when the Planning & Zoning Commissioners were appointed. She added, not one candidate's name was mentioned until after all discussion and it was evident that all the discussion happened outside of a council meeting. Sonberg continued, Councilman Moore stated earlier he was uncomfortable with the telephone poll and apparently that was how the discussion took place. Sonberg noted, she understood the power of appointment is in the mayor's hands and no discussion had to take place, but it was unsettling no discussion took place. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 25 Williams explained, care has to be taken in regard to discussions among council due to the restrictions of the Open Meetings Act. He added, it has long been his policy, when faced with a question, to get from the council a determination of the nature of their feeling about the subject or question. Williams stated, he polls the council members in his own manner through conversation and without allowing the council members to know how the other council members have been polled. He added, it's a method of obtaining information for himself and he takes full responsibility for offering the two names to council for appointment. Williams continued, he offered those two names based on what he perceived of the council's wishes through his conversations. He added, from his conversations he felt there was not sufficient support for any other appointee outside of the two names he offered. Williams continued, the process he used was what he has done in the past and will continue to do in the future until someone tells him he cannot continue using this process. He added, the two names he offered for appointment were offered by him without the council knowing what names would be offered. Sonberg stated she found it interesting there had not been discussion after the names were offered. Williams stated, the council evidently agreed with him and had no comments or there was no need for discussion. J-2. Council Bookey -- Bookey stated his concern regarding the snow removal by the State of Alaska on the Kenai Spur Highway through town. He added, he believed it totally unacceptable this year and perhaps worse than in the last few years. He believes it unfair Kenai has been plowed once and other areas plowed two to three times. Bookey stated he believed it was time the council give a mandate to administration to contact DOT to do the snowplowing on a rotating basis for the protection of the public and enhancement of the retail businesses, etc. He added, he didn't think the level of service from the state has been appropriate for the 7,000 residents of the city. If nothing can get done through the local level, Bookey continued, DOT in Juneau should be contacted. Swarner -- Stated she was happy there has been discussion regarding float plane expansion and business. Swarner requested the Clerk have plants sent to all the Peninsula legislators for their offices in Juneau and pay for those costs from the Legislative miscellaneous budget. Swarner added, in regard to commission members, she remembers when the mayor has requested council to vote on appointments. She noted, sometimes those the mayor preferred were not chosen by council. Moore -- No report. KENAI CITY COUNCIL MEETING MINUTES JANUARY 6, 1999 PAGE 26 Bannock -- Bannock reported he received a telephone call from a citizen who was not pleased with his statements at a previous meeting and accused he and the council of tyranny. The reason the person accused council of tyranny was because he felt it was impossible to remove an incumbent during an election. Bannock added, though he challenged the comments, it forced him to think about the way council is elected in Kenai. Bannock suggested council discuss placing a question on the next ballot requesting to change the manner in which council seats are elected. He explained, by Charter the two top vote -getters are elected. This year there will be three members elected (one for a one-year term, and two for three-year terms) . He added, the mechanics are available to break down the six council seats to make it easier for a non -incumbent to be elected. Bannock explained he would like to divide the council up into six different seats, but not to district the city, so that in the election of 2000, the seat now held by Measles and Smalley, would be listed separately on the ballot. This would allow two people to run for a seat without running against each other or to run specifically against one person. Bannock requested the matter be placed on a future agenda for discussion by council prior to the October election. He added, he believed changing the manner of election would encourage more people to run for election. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:45 p.m. Minutes transcribed and prepared by: APPROVED By COUNCIL V - Carol L. Freas, City Clerk CLERK Dia3E