HomeMy WebLinkAbout1999-04-21 Council MinutesAGENDA
KENAI CITY COUNCIL -REGULAR MEETING
APRIL 21, 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. Richard DeMello -- Project Spur Presentation
2. Kathy Tarr -- Kenai Visitors 8v Convention Bureau, Inc. -- 1998-1999
Report to the Community.
ITEM C: PUBLIC HEARINGS
1. Ordinance No. 1815-99 -- Amending Kenai Municipal Code, Chapter
8.05.010, to Adopt the Latest Editions of the National Fire Codes and
the Uniform Fire Code.
2. Ordinance No. 1816-99 -- Finding that Certain City -Owned Land
Described as that Portion of the West 1/2 Southeast 1/4, Southeast 1/4 and
the East 1/2 Southwest 1/4, Southeast 1/4, Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, Is Not Required for a Public
Purpose for the City of Kenai and Can Be Donated to the Kenai
Peninsula Borough.
3. Ordinance No. 1817-99 -- Amending KMC 14.20.185 by Adding a
Section Which Would Provide for an Administrative Exemption for
Encroachments of Up to a Total of Twelve (12) Inches.
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J 4. Ordinance No. 1818-99 -- Amending the Development Requirements
Table of KMC Title 14 by Adding a Provision for an Administrative
Exemption for a Reduction of Up to a Total of Twelve (12) Inches From
the Setback Requirements.
5. Ordinance 1819-99 -- Finding that Certain City -Owned Lands,
Described as Six Lots in Salty Dog Heights Subdivision Located in
Sterling, Are Not Required for a Public Purpose.
6. Ordinance No. 1820-99 -- Increasing Estimated Revenues and
Appropriations by $114,000 for the South Spruce Street Parking
Project.
(At the 4/7/99 council meeting, Ordinance No. 1820-99 was removed
from the consent agenda for introduction. In preparing the minutes of
the 4/7/99 meeting, it was found no vote was taken on the introduction
of Ordinance No. 1820-99. Though it was apparent council agreed to
go forward with the introduction of the ordinance, no vote was taken.)
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
C. Motion for Adoption
7. Ordinance No. 1821-99 -- Increasing Estimated Revenues and
Appropriations by $26 1,000 for Sitework to Facilitate the Construction
of aMulti-Purpose Facility.
a. Substitute Ordinance No. 1821-99 -- Increasing Estimated
Revenues and Appropriations by $242,000 for Sitework to
Facilitate the Construction of a Multi -Purpose Facility.
8. Ordinance No. 1822-99 -- Increasing estimated Revenues and
Appropriations by $344,970 for the Purchase of a Multi -purpose Airport
Broom.
9. Resolution No. 99-18 -- Donating That Certain City -Owned Property
Described as That Portion of the West 1/2 Southeast 1/4, Southeast 1/4 and
the East 1/2 Southwest 1/4, Southeast 1/4, Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, to the Kenai Peninsula
Borough.
10. Resolution No. 99-19-- Transferring $2,500 in the Animal Control
Department for Utilities.
11. Resolution No. 99-20 -- Awarding aFour-Season Lease (May 15, 1999
to October 1, 2002) of Kenai Dock Station No. 3 to R&J Seafoods for the
Seasonal Base Bid of $15,300 Plus $0.0375/Lb.
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12. Resolution No. 99-21 -- Approving a Contract to Foster Construction
} for the Project Entitled South Spruce Beach Parking for the Total
Amount of $93,466.
13. Resolution No. 99-22 -- Awarding the Bid to Totem Equipment &
Supply, Inc. for an Asphalt Recycler for the Total Amount of $31, 500.
14. Resolution No. 99-23 -- Approving a Contract to Jackson Construction
for the Project Entitled Multi -Purpose Facility/Challenger Learning
Center Site Work for the Total Amount of $353,512.32.
15. Resolution No. 99-24 -- Awarding a Contract for Professional
Construction Services to Wince-Corthell-Bryson for the Project Entitled
Multi -Purpose Facility/ Challenger Learning Center Site Work for the
Total Not -to -Exceed Amount of $49,275.
16. Resolution No. 99-25 -- Transferring $3,150.00 in the General Fund
for City Hall and Public Safety Building Telephone System Software
Upgrades.
17. Resolution No. 99-26 -- Awarding a $342,974 Contract to Yukon
Equipment, Inc. for a Multipurpose Sweeper for the Airport.
ITEM D: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8. Recreation Commission
6. Planning 8. Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
C. Kenai Visitors 8v Convention Bureau Board
d. Alaska Municipal League Report
ITEM E: MINUTES
1. *Regular Meeting of April 7, 1999.
ITEM F: CORRESPONDENCE
ITEM G: OLD BUSINESS
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ITEM H: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1823-99 -- Increasing Estimated Revenues and
Appropriations by $246,069 for Street Improvements.
4. *Ordinance No. 1824-99 -- Increasing Estimated Revenues and
Appropriations by $142,000 for the Purchase of Land for the Kenai
Public Health Center.
5. *Ordinance No. 1825-99-- Increasing Estimated Revenues and
Appropriations by $737,000 for the Construction of a Multi -Purpose
Facility.
6. Approval -- Special Use Permit/Alaska Dial -A -Car, Inc., d/b/a/ Payless
Car Rental -- Car Rental Counter Space No. 14, Kenai Airport Terminal.
7. Approval -- Purchase of City -Owned Property/ Will &. Becky Jahrig -Lot
5, Walkowski-Deland Subdivision.
8. Approval -- Lot 5, Block 5, General Aviation Apron, No. 1
a. Assignment of Lease -- Wedge Energy Group, L.L.C. to Robert J.
Johnson.
b. Security Assignment of Lease -- Robert J. Johnson to First
National Bank of Anchorage.
9. Approval -- Amending Use of Lease -- Lot 6A, Block 1, Gusty
Subdivision No. 4 -- Calvin & Nancy Gourley, d/b/a Groomingdales --
From Video Sales Store to Retail Business and Professional Offices.
ITEM I: ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney (Settlement of McLane Bankruptcy Claims)
4. City Clerk
5. Finance Director
6. Public Works
7. Airport Manager
ITEM J: DISCUSSION
1. Citizens (live minutes)
2. Council
me
EXECUTIVE SESSION - Inlet Woods BLitigation, ankruptcy if necessary.
ITEM K: ADJOURNMENT
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KENAI CITY COUNCIL - REGULAR MEETING
1 APRIL 21, 1999
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 7:04 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, Measles,
Bannock, Frazer and Williams.
A-3, AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
NOTE: C-11, Resolution No. 99-20 -- The agenda states the length of
the lease to be May 15, 9999 to October 1, 2002 -- obviously, it
should be May 15, 1999. Please note the change on your
agenda.
REPLACE: H-2, Purchase Orders Exceeding $2,500 -- (Adding a purchase
order to Kraxberger Drilling, Inc. in the amount of $9,950 for
rehabilitation of Well No. 3.
ADD AS: I-2, Draft resolution requesting the Alaska Railroad Corporation
select an Alaska company for the design and construction of
three rail barges.
ADD AS: I-4, Career Fair Reimbursement bill from Kenai Chamber of
Commerce.
MOTION:
Councilwoman Swarner MOVED for approval of the amended agenda and
Councilman Bookey SECONDED the motion. There were no objections. SO
ORDERED.
A-4. CONSENT AGENDA
Mayor Williams noted there were no changes to the Consent Agenda.
MOTION:
Councilman Moore 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. Richard DeMello -- Project Spur Presentation
Mr. DeMello stated his address was 1070 Biscayne Drive, Kenai. DeMello explained
he was investigating the possibility of developing a project using the Spur platform
for a resource instead of being removed from the Inlet. The first phase of his project
would be to develop electrical production using tidal movement for power generation;
developing an electrical system to manufacture water for consumption; and
development of a waste disposal system. Upon developing the first phase, a second
phase of the project would be to develop a resort or casino on the top of the platform
which would create a prototype and demonstrating the use of platforms as they go
out of service as resources.
DeMello distributed a copy of the blueprint of the platform and a drawing changes
that would be made to the platform to accommodate storage, boarding rooms,
showroom, restaurant, etc. He noted, the roof would be glass to enhance the look as
well as use of the space for observation of northern lights, whales, etc.
DeMello noted, the motive of the project was to enhance the tourist industry,
demonstrate the possibility of obtain energy from the Cook Inlet and build up the tax
base, which would be good for the Peninsula. He noted they removed a phase from
their project to develop an aquaculture project to investigate enhancement of species
of king crab, king salmon, halibut, etc. because they were advised by Fish & Game
the hurdles to take on such a project were too large.
DeMello added he spoke with Mayor Williams and Representative Smalley in regard
to the project. Smalley was considering the development of legislation to permit an
out -of -production platform to remain in the Inlet (current legislation requires
platforms no longer in service to be removed) . DeMello stated he also discussed the
project with local Native associations who were interested in developing a resort
facility. He added, he felt in developing this project, it would be unique to Alaska,
drawing tourists to the area, and would demonstrate there were resources that had
not been investigated.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 2
DeMello noted, if the Spur Project was developed, there could also be a project on the
Spark platform for a training center for gas operation. Other ideas for uses of
platforms were prisons, resorts, marine specie studies facility, etc.
DeMello stated he hoped to convince council the use of the platform was a good idea
and added, he was not asking for funding, but support of the concept in order to
show a broader base of support to contacts they will need to make.
Moore stated he believed it was an interesting idea and asked who owned the Spur
platform. DeMello answered, the platform was owned by Marathon Oil and
distributed a letter of support he received from the oil company.
Swarner asked if a business plan had been developed. DeMello answered, a plan
was being developed, but they were still making contact for clearances, etc. Swarner
stated she would like administration to review the business plan before council goes
forward. Frazer asked if licensing and permits were available for a casino. DeMello
answered, that was being investigated.
Williams suggested DeMello keep in touch in regard to the progress of the project.
When the proper time arrived, council could then consider a resolution of support.
Williams also noted, the platforms were in the Borough's political subdivision and
permitting would have to go through the Borough.
B-2. Kathy Tarr -- Kenai Visitors & Convention Bureau, Inc. -- 1998-1999
Report to the Community.
Tarr referred to the 1998-1999 Report to the Community which was included in the
packet. Tarr noted, the Center was in its seventh year of operation and was now the
number one reason visitors came to Kenai. She noted, the Center was more than a
visitors center as it emphasized the area's culture and served as an important
education role to visitors as well as local schools and organizations.
Tarr reviewed the events and activities to take place in the future months, noting a
Get to Know Kenai program would be held on April 29 to inform local residents and
employees of the area's summer activities. She also noted the Center's new website,
which was on line in November, had 1,418 visits by March. Their advertisements
were included in the Milepost as well as a number of publications and standard
visitor guides.
Tarr reported there were now six regular employees at the Center and additional
seasonal help would begin again soon. She noted, they had 3,438 inquiries last year
for information packets to be mailed, which was a 41 % increase over 1997. She
added, she believed this number would increase due to the influence of the website.
Tarr added, the Center worked hard in 1998 to put Kenai on the tourist map. She
noted, Kenai maintains a diverse economy and didn't have a tourist trap look and
feel which was good because people want to see how the area residents live day to
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 3
day. Tarr continued, she believed the KVCC had been living up to their responsibility
as it was a valuable part of Kenai's quality of life and was a steward of the city.
Moore thanked Tarr for her interesting report. He requested minutes of their Board
meetings to be forwarded more timely. Tarr apologized for the delay in the
transcription of the minutes. She noted, she was behind in her work and would get
them to the council as soon as possible.
ITEM C: PUBLIC HEARINGS
C-11 Ordinance No. 1815-99 -- Amending Kenai Municipal Code, Chapter
8.05.010, to Adopt the Latest Editions of the National Fire Codes and
the Uniform Fire Code.
MOTION:
Councilman Bookey MOVED for adoption of Ordinance No. 1815-99 and Councilman
Measles SECONDED the motion.
There were no public comments. Bookey asked Chief Elson if he agreed with the
ordinance. Elson answered, yes.
VOTE:
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes Bannock: Yes Frazer: Yes
Williams: Yes
MOTION PASSED UNANIMOUSLY.
C-2. Ordinance No. 1816-99 -- Finding that Certain City -Owned Land
Described as that Portion of the West 1/2 Southeast 1/4, Southeast 1/4 and
the East 1/2 Southwest 1/4, Southeast 1/4, Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, Is Not Required for a Public
Purpose for the City of Kenai and Can Be Donated to the Kenai
Peninsula Borough.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance No. 1816-99 and
Councilman Measles SECONDED the motion.
There were no public comments. Williams explained, the described property was the
grounds on which the Kenai Central High School was situated. He noted, when the
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 4
Borough was established, the schools were transferred to the Borough. It was found
recently, the property had not been transferred. The ordinance would correct that
omission.
VOTE:
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes Bannock: Yes Frazer: Yes
Williams: Yes
MOTION PASSED UNANIMOUSLY.
C-3. Ordinance No. 1817-99 -- Amending KMC 14.20.185 by Adding a
Section Which Would Provide for an Administrative Exemption for
Encroachments of Up to a Total of Twelve (12) Inches.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance No. 1817-99 and
Councilman Bookey SECONDED the motion.
There were no public comments. Bannock reported the Planning & Zoning
Commission had no additional comments in regard to the ordinance. Swarner stated
she would not support the ordinance because she felt the current code was working
well in dealing with encroachments. Williams stated he believed the objective of the
ordinance was to make the process easier for administration and the general public.
City Engineer La Shot stated he and the Building Official believed, with this change
in the code, minor concerns would be able to be dealt with easier. He added,
problems with encroachments were not always intentional and they believed the code
change would ease the process for the public and administration.
Moore asked if an adjacent property owner would have any recourse if a property
owner is granted an exemption without a public hearing. Bannock answered, every
decision made by administration would be subject to an appeal to the Board of
Adjustment or the judicial system (after the appeal to the Board of Adjustment,
depending on the outcome of the appeal). Moore asked if the adjacent property
owner would be notified the exemption was going to be given administratively. La
Shot answered, not the way the amendment was written.
Bookey stated he was concerned this ordinance would eliminate an adjoining
property owner to have any recourse because they would not receive any notification
of the filing or the exemption. Williams asked if council wanted to recommend a
sentence be added to the ordinance stating the administration would notify adjoining
property owners of the administrative decision to allow an encroachment. Bookey
stated, he believed something would need to be done because he would not support
the ordinance as it was written.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 5
Bannock stated, notification would defeat the purpose of having the administrative
exemption. He added, if council did not want to give administration the authority to
make an exemption, council should vote the ordinance down. Bannock added, the
ordinance was not allowing a drastic departure from the norm because the
Commission reviews many issues that would fall under this ordinance. The
ordinance was developed to speed the process and eliminate the $100 fee.
Bookey asked if a property owner is given an exemption for live inches, would it
impact the future construction of a building on the adjacent lot. Williams noted, the
owner of the adjacent property would have the same ability to request afive-inch
exemption as the other property owner.
Moore asked who of the administration would have the authority to grant the
exemption. He noted, this was a question brought forward by Councilman Measles
at the last council meeting. Williams noted, if administration was not wanting to
make an exemption, the question could be taken to the Planning & Zoning
Commission. He added, the issue was how to be assured any official in the future
would be sufficiently honest to ensure there would be no conflict in granting an
exemption.
Frazer asked if an administrative exemption like this would be in the same vein as a
building inspector deciding whether a structure is within the code, etc. It would be
the same official granting the exemption. Ross stated, it was his understanding the
administrative exemption could be used when the as -built showed there was a
problem. He added, these would not be exemptions done in advance. Ross noted,
the owner could be waitingu to six weeks for an exemption when the exemption
p P P
would be for only a few inches. Bannock stated Ross was correct and asked Attorney
Graves to read KMC 14.25.085(d). He added, an encroachment solves financing
problems.
Graves read, "...The Planning Department shall submit the application of the
Planning Commission for review and public hearing. The Planning Commission shall
establish a finding that all the conditions set forth in subsections 1 though 4 of this
section have been found to exist before issuing an encroachment permit. One, that
an encroachment as defined in KMC 14.20.12 5 (a) exists; two, that the encroachment
does not encroach upon a federal, state or city right-of-way or utility easement; three,
the issuance of the encroachment permit will not authorize a use which is not a
principle permitted use in the zoning district in which the property is located; or four,
the encroachment is not located across a platted lot line."
Graves added, the term administrative official was used in the ordinance because it
was a term of art in the code, i.e. a defined term, meaning the person charged with
administration and enforcement of the chapter. He added, it was basically the
person the city manager designated with enforcement of the Planning & Zoning law.
Currently, it was the building inspector.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 6
Barry Eldridge -- 2679 Bowpicker Lane, Kenai. Eldridge stated he recently had to
request an encroachment for a Habitat for Humanityhouse which was not lined u
p
as originally desired. The encroachment was 1.2 inches toward the street. They paid
the fee and went before Planning & Zoning and the encroachment was granted.
Eldridge stated, it seemed to be a lot of burden on the homeowner for an
unintentional error. He believed the ordinance satisfied the needs and noted, an
encroachment would not be able to be more than six inches on a side setback and
12" on a front setback. Eldridge added, he didn't think neighbors would have a
concern about so small an encroachment.
Moore stated he would support the administrative exemption if the neighbors were
notified about the exemption.
MOTION TO AMEND:
Councilman Moore MOVED to add a requirement that the adjoining property owner
be notified of the granting of the administrative exemption.
THERE WAS NO SECOND.
Ross asked Graves if an administrative remedy could be conditioned on consent
knowing if it was not received, the applicant would have to apply to the Commission
for the exemption. Graves answered, neighbors could not be offered veto powers of
zoning. He offered suggested language, "The Administrative Offical, after notifying
adjoining property owners, may grant an encroachment permit without a public
hearing..." Moore stated, he didn't want the neighbor to have veto power, but wanted
the neighbor to know at the time of the application for exemption to go to the
building official or council and object to the exemption.
Ross asked, if the neighbor is opposed, what would be the opposing neighbors'
remedy. Measles stated, he would rather put the burden on the applicant and not on
the administration, i.e. if an applicant wants an administrative decision on an
encroachment, the applicant would need to bring a letter from each of the neighbors
who would be affected by the encroachment, either agreeing to the exemption or
disagreeing to it. He added, if there was not agreement of all the neighbors, the
exemption could not be issued and the matter would go to the Commission for
consideration and go through the normal process.
Measles added, the problem he had with the ordinance was that it would make it too
easy and would take away a lot of incentive for a builder to be careful during the
initial construction. Ross asked if council would prefer to table the ordinance and
have the attorney rework the wording.
MOTION TO TABLE:
Councilman Measles MOVED to table Ordinance No. 1817-99 and Councilwoman
Swarner SECONDED the motion. There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 7
Williams suggested Ordinance No. 1818-99 also be tabled for rewrite.
C-4. Ordinance No. 1818-99 -- Amending the Development Requirements
Table of KMC Title 14 by Adding a Provision for an Administrative
Exemption for a Reduction of Up to a Total of Twelve (12) Inches From
the Setback Requirements.
MOTION:
Councilman Measles MOVED for adoption of Ordinance 1818-99 and Councilman
Moore SECONDED the motion.
There were no public comments. Measles stated he had more concern with this
ordinance because of the lack of notification to adjacent property owners when an
administrative exemption is being considered. He added, neighbors should be
notified, either by letter or Planning & Zoning process, if administration was going to
allow a building to be built larger than allowed by code.
MOTION TO TABLE:
Councilwoman Swarner MOVED to table Ordinance No. 1818-99 and Councilman
Bookey SECONDED the motion. There were no objections. SO ORDERED.
C-5. Ordinance 1819-99 -- Finding that Certain City -Owned Lands,
Described as Six Lots in Salty Dog Heights Subdivision Located in
Sterling, Are Not Required for a Public Purpose.
MOTION:
Councilman Measles MOVED for adoption of Ordinance No. 1819-99 and
Councilman Bookey SECONDED the motion.
There were no public comments. Ross noted, the properties were in Sterling and
would be offered in the next public land sale. He also noted, the properties did not
have access to the Kenai River and they were a fair distance in from the highway.
VOTE:
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes Bannock: Yes Frazer: Yes
Williams: Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 8
C-6. Ordinance No. 1820-99 -- Increasing Estimated Revenues and
Appropriations by $114,000 for the South Spruce Street Parking
Project.
(At the 4/7/99 council meeting, Ordinance No. 1820-99 was removed
from the consent agenda for introduction. In preparing the minutes of
the 4/7/99 meeting, it was found no vote was taken on the introduction
of Ordinance No. 1820-99. Though it was apparent council agreed to
go forward with the introduction of the ordinance, no vote was taken.)
C-6a. Motion for Introduction
MOTION:
Councilman Measles MOVED for introduction of Ordinance No. 1820-99 and
Councilman Bookey SECONDED the motion.
Robert Ruffner -- 38610 Lakeside, Kenai. Ruffner explained he was speaking to the
ordinance on behalf of the Kenai Watershed Forum where he was employed full-time
as its project coordinator. He noted part of the responsibilities of the Watershed
Forum was to monitor water quality of approximately 12 tributaries to the Kenai
River and which the parking lot project had some impact to one of those tributaries.
He added, the Forum was not an advocacy organization and didn't normally take
stands. The Forum was not opposed to the ordinance and recognized the wetland
loss that would happen for the parking facility and the expansion opportunity for the
sewer treatment plant. However, they were concerned about the wetland loss
because of the impact it would have on the slough feeding into the no -name creek.
He explained, through monitoring and use of a minnow trap they learned there were
cohoe, king and sockeye salmon in the creek.
Ruffner noted, the stream had value whether or not there was fish in it. The value
was for use as a learning tool for local schools, learning about the habitat in the city.
He believed the stream could be eligible for grants in the future for rehabilitation. He
noted he had received calls from school teachers who wanted to work on projects
such as this.
Ruffner added, he spoke with the Kenai River Center and they stated the city had
been doing a very good job over the last years in working with the regulatory groups,
etc. He commended the council and mayor for taking pro -active steps through a
position on the KRSMA Board, redesigning this project to avoid having runoff go into
the creek, etc. He hoped the city would continue to apply the same philosophy as
was used in protecting the dunes, etc. would continue in protecting the stream.
Moore stated it was exciting to hear of the smolt in the stream. He asked if they were
rearing in the stream. Ruffner stated it was not known whether the smolt migrated
beyond the culverts. He added, if they would do some rehabilitation work on the
stream, that would be one of the first questions addressed.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 9
Williams stated he had been waitinga long time to hear of the possibility
g p y
rehabilitation work may be done on the no -name creek. He noted, in the past a
rehabilitation program had been designed for that area including trails, interpretative
signage, and rehabilitation of the creek. Williams added, he was pleased to hear
there may be grant monies available and he believed council would be in support of
Ruffner receiving grant monies for rehabilitation of the creek. Ruffner stated he felt
confident funds would be available.
Liz Burke -- Teacher at Kenai Central High School. Burke stated she supported
Ruffner from an educational point of view because the creek was important to a
number of teachers due to its close proximity to the high school and because
students could be taken to the area for study. She noted, she recently learned she
had been awarded an Alaska Science & Technology Grant to purchase supplies for
the high school to begin doing preliminary data gathering on the stream. Burke
stated, there was a possibility her students could do some chemistry and watershed
analysis of the area. She added, her students were excited to know they would be
able to do the analysis project and had already done some clean-up work. She
encouraged council's support in keeping the stream in a good condition and place
where it could be used for educational purposes.
VOTE:
Councilman Measles requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
C-6b. Motion for Second Reading (Requires a Unanimous Vote)
MOTION:
Councilman Measles MOVED for the second reading and Councilman Bookey
SECONDED the motion. There were no objections. SO ORDERED.'
C-6c. Motion for Adoption
MOTION:
Councilman Measles MOVED for adoption of Ordinance No. 1820-99 and
Councilman Bannock SECONDED the motion.
Swarner stated she did not know whether this would be the best use of the city's
funds when considering the recent decision of the Legislature to delete or diminish
municipal assistance and revenue sharing. She added, she understood the permits
would expire in November, but viewed it as helping those people participating in the
dip net fishery. Swarner stated she would oppose the ordinance.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 10
Measles stated he believed the enlarging of the parking area would eliminate the
safety hazard found, during dip net season, from participants parking on both sides
of the street. Moore noted, he had concerns for the enlargement of the parking area
due to the information given to council from Mr. Ruffner. He suggested parking on
the street could be eliminated.
Williams stated he considered the parking area an "unfunded mandate" due to the
state giving the bulk of the dip net fishery to the city. He noted, the Board finally did
change some of the regulation as to where dip netting was allowed. Williams added,
there was no indication by the Board of Fisheries that they would modify the dip net
fishery to anything different. However, the fishery could grow. Williams noted the
fishery was now infringing on the city's rights to patrol its streets, time and effort of
the police and ambulance services to patrol and aid where needed. However, he felt
the city had the responsibility of taking care of the situation the best that it could.
Williams stated he would support the ordinance.
Measles suggested that if the parking would be eliminated, it would increase the
people going over the bluff to access the beach, which would bring more problems.
Bookey stated he would support the ordinance, but wanted to maintain the levels of
enforcement as the city had last summer.
VOTE:
Bookey: Yes Swarner: No Moore: No
Measles: Yes Bannock: Yes Frazer: Yes
Williams: Yes
MOTION PASSED.
Williams noted, more of the bluff sloughed off during winter storms. He noted, at the
end of Willow Street, the bluff edge was now only five feet from the corner of the Glad
Realty building and only three feet from a four-plex next door to the realty building.
He urged, a plan needed to be made, along with the acquisition of $5-7.5 million to
carry out the plan.
BREAK TAKEN: 8:30 P.M.
BACK TO ORDER: 8:45 P.M.
At the end of the break it was noted, this was the last council meeting Emily
DeForest would be attending as the city's Director of the Library. It was noted,
during her 25+ years of service as a city employee, DeForest had received
approximately 710 packets, which included untold reams of paper, and she used an
unknown amount of skeins of yard used to crochet and knit during the meetings.
Williams thanked DeForest for her dedicated service to the City of Kenai. Kathy Tarr
thanked DeForest for her dedication as well and added, she felt the Kenai
Community Library was the best. Tarr also stated she would miss seeing DeForest
at the library and urged DeForest to volunteer at the KVCC.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 11
C-7. Ordinance No. 1821-99 -- Increasing Estimated Revenues and
Appropriations by $26 1,000 for Site Work to Facilitate the Construction
of a Multi -Purpose Facility.
MOTION:
Councilman Measles MOVED for adoption of Ordinance No. 1821-99 and
Councilman Bannock SECONDED the motion.
C-7a. Substitute Ordinance No. 1821-99 -- Increasing Estimated Revenues
and Appropriations by $242,000 for Site Work to Facilitate the
Construction of a Multi -Purpose Facility.
MOTION TO AMEND:
Councilman Measles MOVED to amend Ordinance No. 1821-99 by replacing it with
Substitute Ordinance No. 1821-99, changing the revenues and appropriations to
$242,000 in lieu of $26 1,000. Councilman Moore SECONDED the motion.
VOTE ON THE AMENDMENT:
There were no objections. SO ORDERED,
Brian Gabriel -- 2551 Watergate Way, Kenai. Gabriel explained, he was the hockey
coach at the Kenai Central High School and noted, it had taken a long time to get to
this stage. He thanked council in advance for appropriating the funds and stated he
hoped the project would proceed.
Brian Gabriel, Jr. -- 2551 Watergate Way, Kenai. Gabriel stated he was a high
school student and played hockey for the Kenai Central High School. He noted, the
building of the multi -purpose facility would be helpful to the community and to the
players at the school. He thanked council for considering the ordinance.
VOTE:
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes Bannock: Yes Frazer: Yes
Williams: Yes
MOTION PASSED UNANIMOUSLY.
C-8. Ordinance No. 1822-99 -- Increasing estimated Revenues and
Appropriations by $344,970 for the Purchase of a Multi -purpose Airport
Broom.
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 12
Councilman Bookey MOVED for adoption of Ordinance No. 1822-99 and Councilman
Measles SECONDED the motion.
There were no public or council comments.
VOTE:
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes Bannock: Yes Frazer: Yes
Williams: Yes
MOTION PASSED UNANIMOUSLY.
C-9. Resolution No. 99-18 -- Donating That Certain City -Owned Property
Described as That Portion of the West 1/2 Southeast 1/4, Southeast 1/4 and
the East 1/2 Southwest 1/4, Southeast 1/4, Section 33, Township 6 North,
Range 11 West, Seward Meridian, Alaska, to the Kenai Peninsula
Borough.
MOTION:
Councilman Bannock MOVED for approval of Resolution No. 99-18 and Councilman
Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-10, Resolution No. 99-19-- Transferring $2,500 in the Animal Control
Department for Utilities.
MOTION:
Councilman Moore MOVED for approval of Resolution No. 99-19 and Councilwoman
Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED,
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 13
C-11. Resolution No. 99-20 -- Awarding aFour-Season Lease (May 15, 1999
to October 1, 2002) of Kenai Dock Station No. 3 to R&J Seafoods for the
Seasonal Base Bid of $15,300 Plus $0.0375/Lb.
MOTION:
Councilman Bookey MOVED for approval of Resolution No. 99-20 and
Councilwoman Swarner SECONDED the motion.
There were no public comments. Bannock asked if both stations were rented last
year. Public Works Director Kornelis answered, yes and both were rented to Snug
Harbor Seafoods. Kornelis also noted, the bid amount of $15,300 was more than last
year's contract.
VOTE:
There were no objections. SO ORDERED,
C-12. Resolution No. 99-21 --- Approving a Contract to Foster Construction
for the Project Entitled South Spruce Beach Parking for the Total
Amount of $93,466.
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 99-21 and Councilman
Moore SECONDED the motion.
There were no public comments. Bookey thanked administration for their work on
the bid, etc. as he did not think the bids would come in within the estimate and they
did.
VOTE:
There were no objections. SO ORDERED,
C-13, Resolution No. 99-22 -- Awarding the Bid to Totem Equipment &
Supply, Inc. for an Asphalt Recycler for the Total Amount of $31,500.
MOTION:
Councilman Bookey MOVED for adoption of Resolution No. 99-22 and
Councilwoman Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 14
There were no objections. SO ORDERED.
C-14. Resolution No. 99-23 -- Approving a Contract to Jackson Construction
for the Project Entitled Multi -Purpose Facility/ Challenger Learning
Center Site Work for the Total Amount of $353,512.32.
MOTION:
Councilman Moore MOVED for approval of Resolution No. 99-23 and Councilman
Bookey SECONDED the motion.
Bill Popp -- Project Coordinator for the Challenger Learning Center. Popp referred to
the third "whereas" which stated the award was contingent upon NASA approval.
Popp stated a written approval had been forwarded from NASA and the Challenger
administration was comfortable with the bid.
Williams reported he attended the bid opening and noted three of the bidders were
within $13,000 of each other and were all well-known to the city as contractors. He
added, he was also pleased to see the bid to be awarded was under the engineer's
estimate. City Engineer La Shot noted, construction could begin within the next two
weeks.
Councilman Frazer stated he had a conflict of interest and wished to abstain from
the vote on the matter. Williams asked Frazer if he would profit personally from the
award of the bid to Jackson Construction. Frazer answered, not directly, but very
close. Williams acknowledged the conflict and Frazer abstained from the vote.
VOTE:
There were no objections stated from the remainder of the council. SO ORDERED.
C-15. Resolution No. 99-24 -- Awarding a Contract for Professional
Construction Services to Wince-Corthell-Bryson for the Project Entitled
Multi -Purpose Facility/ Challenger Learning Center Site Work for the
Total Not -to -Exceed Amount of $49,275.
MOTION:
Councilwoman Swarner MOVED for approval of Resolution No. 99-24 and
Councilman Bannock SECONDED the motion.
Bill Popp -- Popp reported NASA had examined the bid proposal and gave its
approval within the same letter he received on the award of the construction bid.
VOTE:
There were no objections. SO ORDERED,
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 15
C-16. Resolution No. 99-25 Transferring $3,150.00 in the General Fund
for City Hall and Public Safety Building Telephone System Software
Upgrades.
MOTION:
Councilman Moore MOVED for approval of Resolution No. 99-25 and Councilwoman
Swarner SECONDED the motion.
There were no public comments. Moore stated he found it interesting PTI would not
guarantee the system was Y2K compliant. Ross explained, the city requested a
proposal to change out the phone systems in city hall and the Public Safety building.
PTI represented the upgrade to the systems as the least expensive of the options,
noting replacements of both systems would have been approximately $80,000. He
added, the software had been tested for Y2K compliance and was offered to upgrade
to be Y2K compliant, however, their lawyers would not allow it to be called Y2K
compliant. Ross added, the salesperson represented the upgrade would work.
A general discussion followed. Ross noted the Public Safety system was
approximately ten years old. Finance Director Semmens noted this was the first time
he had dealt with a vendor who would not guarantee their software was Y2K
compliant. Moore stated he was leery of the reluctance to acknowledge the Y2K
compliance. Ross noted, there was a change in ownership of the company taking
place and that could be why the lawyers did not want to guarantee the software's
compliance. Frazer suggested it could also have something to do with the company's
insurance coverage.
Williams asked Chief Morris if there was a total failure of the city system on
December 31, 1999 would it have an affect on the 911 system. Morris answered, the
primary residence of the 911 software was at the Alaska Troopers Headquarters and
would be Y2K compliant. How the PTI software would work would be in-house and
affect only the city phone system. He noted, if the city's system failed, there would
still be radio and cell phone contact available.
Measles questioned whether PTI tested the city's system. Ross answered no and
added, when testing other equipment, the software was used and depending on the
bios of some systems, the software worked and for others, it didn't. Those systems
where the software didn't work, the systems were unable to come back on line.
Because of those failures, he did not want them to test the city's system.
VOTE:
There were no objections. SO ORDERED,
C-17. Resolution No. 99-26 -- Awarding a $342,974 Contract to Yukon
Equipment, Inc. for a Multipurpose Sweeper for the Airport.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 16
�l
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 99-26 and Councilman
Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED,
ITEM D: COMMISSION/ COMMITTEE REPORTS
D-1. Council on Aging
Swarner reported the next meeting of the Council on Aging was scheduled for
Tuesday, April 27, 1999 at 10:00 a.m. at the Senior Center.
D-2, Airport Commission
Measles reported the minutes of the meeting were included in the packet. He noted
he was not able to attend the meeting and Councilman Bannock attended for him.
Bannock reported a request for a Special Use Permit for lease of counter space in the
airport terminal had been recommended for approval by the Commission. He noted
the item was included on this council meeting agenda. Bannock also noted it was
reported the airport personnel was teaming with the ARFF to have a booth at the
Alaska State Aviation Conference and Trade Show.
D-3, Harbor Commission
Bookey reported a meeting of the Commission was held on April 12 and the minutes
of the meeting were included in the packet. He added, the main discussion of the
meeting was a request made by Paul Dale of Snug Harbor Seafoods (who lost the bid
on Crane No. 3) for anon -exclusive lease, on a first- come -first- served basis for Crane
No. 1. A motion was passed to recommend a legal review of the request and to have
administration develop a lease if it was legally appropriate.
Ross reported administration was proceeding with a non-exclusive lease for Crane
No. 1. He noted, Crane No. 1 is the crane made available to the public. Ross
continued, the offer was for $8,000, the same unit price per pound as the other two
leases (lessee would pay the $8,000 for the first 13,000 pounds). He noted, there
could be a management control problem, but since Crane No. 1 only made $75.00
last year administration, felt it was a good opportunity to help the dock fund. Ross
stated, the lease agreement would proceed.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 17
Bookey also reported a discussion was held on the Kenai Coastal Trail project as well
as an update on the Cunningham Park project.
D-4. Library Commission
Moore invited council and library patrons to attend a potluck on Thursday (bringing
a dish to share) in honor of Emily DeForest's retirement and to meet the new
librarian.
D-5. Parks & Recreation Commission
Frazer reported the minutes of the meeting were included in the packet. He noted
the annual cemetery clean-up was scheduled for May 8. Parks 8. Recreation Director
Frates reported he was involved in the Industry Day Picnic planning and it was going
well.
D-6. Planning & Zoning Commission
Bannock reported the minutes of the April 14 Planning & Zoning Commission
meeting were included in the packet. Bannock reviewed actions taken at the
meeting, noting a variance permit for a minimum lot size was granted with a note
attached to the plat stating if sold, that lot and an adjoining lot would be sold as one
property. Also, a conditional use permit was approved for a welding business.
D-7. Miscellaneous Commissions and Committees
D-?a. Beautification Committee
Swarner reported the next meeting was scheduled for May 11. She also noted a
presentation would be made at the Cook Inlet Aquaculture building regarding
perennials.
D-7b. Historic District Board
Moore reported a meeting was scheduled for April 19, however no quorum was
present. A work session was held at which time the Board discussed the Fish 8�
Wildlife buildings in Old Town which were recently transferred to the Kenai Natives
Association, Inc. He noted, the Board was interested in pursuing use of the building
for possible exhibition use.
D-7c. Kenai Visitors & Convention Bureau Board -- No report.
D-7d. Alaska Municipal League Report
Williams reported he was not sure of what decision would be made regarding
municipal assistance and revenue sharing or what amounts would be distributed, if
any. Ross added, there was legislative action to try to fund at least a portion of the
money. He suggested council review the Water/ Sewer, Dock, Senior Center,
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 18
Fiduciary, etc. funds at their work session on April 26 and wait to review the General
Fund last. Ross added, he hoped by the time council was ready to review the
General Fund, some knowledge of what to expect in regard to the municipal
assistance and revenue sharing would be received.
ITEM E: MINUTES
E-14, Regular Meeting of April 7, 1999.
Approved by consent agenda.
ITEM F: CORRESPONDENCE -- None.
ITEM G: OLD BUSINESS -- None.
ITEM H: NEW BUSINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Measles MOVED to pay the bills. There were no obj ections. SO
ORDERED.
H-2. Purchase Orders Exceeding $2,500
MOTION:
Councilman Measles MOVED to approve the purchase orders exceeding $2,5000
using the list placed on the table in lieu of the one in the packet. Councilwoman
Swarner SECONDED the motion.
Bookey questioned the remodeling of the old animal shelter because he thought the
building wasn't good for anything but storage. He was concerned personnel would be
using the building again and was not comfortable in doing that. He asked what the
city would save in using the building.
Ross explained, the dog kennels would be removed from the outside of the building
and the walls would then be sealed. He added, after speaking with Animal Control
Officer Godek about the chemicals used for cleaning the shelter and exposure to
those chemicals for personnel, he believed it would be safe to use the building. He
noted, the Parks crews would use the building for some storage and as a staging area
for their summer work projects. He added, if council had no other use for the
KENAI CITY COUNCIL MEETING MINUTES
APRI L 21, 1999
PAGE 19
property on which the building exists for the next five years, he felt this would be
good use of the building. However, if the building ' g g ui ding is left standing for this use, the
roof would need improvements.
Swarner stated she was not comfortable investing the dollars into the building, but
would support the effort because where and how the crews had to stage their
projects in the past was not satisfactory.
Bookey asked if the building would be disinfected so there would be no problem.
Ross stated, Godek had assured him that had been done, adding Godek believed he
was the only person who had allergic reactions to the chemicals used.
Bannock stated he would support the project because Parks & Recreation were in
need of the space. However, he found it a terrible irony that last year council was
told the building could not be used as an animal shelter. Ross noted, the areas of
the building that were unusable as a shelter would be removed.
VOTE:
There were no objections. SO ORDERED.
H-3. Ordinance No. 1823-99 -- Increasing Estimated Revenues and
Appropriations by $246,069 for Street Improvements.
Introduced by consent agenda.
H-4. Ordinance No. 1824-99 -- Increasing Estimated Revenues and
Appropriations by $142,000 for the Purchase of Land for the Kenai
Public Health Center.
Introduced by consent agenda.
H-5. Ordinance No. 1825-99-- Increasing Estimated Revenues and
Appropriations by $737,000 for the Construction of a Multi -Purpose
Facility.
Introduced by consent agenda.
H-6. Approval -- Special Use Permit/Alaska Dial -A -Car, Inc., d/b/a/ Payless
Car Rental -- Car Rental Counter Space No. 14, Kenai Airport Terminal.
Ross noted, discussion of the matter was included in the Airport Commission
meeting minutes and they were included in the packet. Councilman Bannock
reported he attended the Airport Commission meeting when the matter was
discussed and the permit was given unanimous approval by the Commission. He
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 20
noted, Alaska Dial -A -Car wanted to rent the vacant car rental counter space
(southern end) in the airport terminal. Bannock added, the lease terms were
consistent with the other car rental leases.
Jerry Vitale-- Alaska Dial -A -Car, inc., d/b/a Payless Car Rental. Vitale noted
several benefits to their leasing the car rental space: additional revenues; more
business to the city through the airport; increase revenues via rentals and gross
receipts; hiring of two employees; helping the consumer; and helping the appearance
of the rental space area.
MOTION:
Councilman Measles MOVED for approval of the special use permit to Alaska Dial -A -
Car, Inc., d/b/a/ Payless Car Rental for Car Rental Counter Space No. 14, Kenai
Airport Terminal. Councilman Bannock SECONDED the motion. There were no
objections. SO O1tDERED.
H-7. Approval -- Purchase of City -Owned Property/Will 8v Becky Jahrig -Lot
5, Walkowski-Deland Subdivision.
Ross explained Will Jahrig requested to purchase the referenced property as he was
the adjacent property owner. Ross referred to information included in the packet
which included past correspondence, council discussions, and appraisal information.
He noted, Jahrig again contacted the city (1998) to purchase the property.
Appraisals were ordered and Jahrig made a cash offering. Ross added, the property
was an irregular shape and it was his recommendation the city dispose of the
property.
MOTION:
Councilman Bannock MOVED to approve the sale of Lot 5, Walkowski-Deland
Subdivision to Will Jahrig for the cash price of $6,500. Councilman Bookey
SECONDED the motion.
Councilman Moore inquired whether there were any other interested buyers in the
audience. There was no response.
VOTE:
There were no objections. SO ORDERED,
H-8. Approval -- Lot 5, Block 5, General Aviation Apron, No. 1
H-8a. Assignment of Lease -- Wedge Energy Group, L.L.C. to Robert J.
Johnson.
H-8b. Security Assignment of Lease -- Robert J. Johnson to First National
Bank of Anchorage.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 21
Attorney Graves noted he had no objections to the assignments and Ross reported
Administration recommended the approval of the assignments.
MOTION:
Councilman Bookey MOVED for approval of the Assignment of Lease from Wedge
Energy Group, L.L.C. to Robert J. Johnson and the Security Assignment of Lease
from Robert J. Johnson to First National Bank of Anchorage. Councilman Measles
SECONDED the motion. There were no objections. SO ORDERED.
H-9. Approval -- Amending Use of Lease -- Lot 6A, Block 1, Gusty
Subdivision No. 4 -- Calvin & Nancy Gourley, d/ b/ a Groomingdales --
From Video Sales Store to Retail Business and Professional Offices.
Ross explained the amendment to the lease would clean up the language as the
original lease restricted the use of the property to a video store. The new wording
would allow retail business and professional offices.
Nancy Gourley -- 507 Ash Street, Kenai. Gourley requested to access the driveway
of the property from Corral Street. Ross stated he was not prepared to answer the
question and suggested she discuss the matter with City Engineer Jack La Shot. La
Shot would then make a recommendation.
MOTION:
Councilman Moore MOVED for approval of the amendment to the lease for Lot 6A,
Bllock 1, Gusty Subdivision No. 4 to Calvin & Nancy Gourley, d/ b / a Groomingdales
from video sales store to retail business and professional offices. Councilman
Measles SECONDED the motion. There were no objections. SO ORDERED.
ITEM I:
I-1. Mayor
ADMINISTRATION REPORTS
a. Mayor Williams reported he would be in Juneau from April 27-30 and
again from May 14-20, 1999. He noted, a budget work session had
been scheduled for May 17 and the introduction of the budget was
scheduled for May 19. He asked that council check their calendars to
be sure a quorum would be available for the May 19 meeting.
b. Williams also reported he saw a video regarding a new type of
reciprocating engine which the maker was wanting to license and find
someone in Alaska to manufacture. Williams suggested the casings
could be cast in Korea and shipped to Kenai through a free trade zone,
if available.
KENAI CITY COUNCIL MEETING MINUTES
APRI L 21, 1999
PAGE 22
C. Williams reported he would be meeting with a party interested in a
� public/private partnership to further develop the multi -use facility. He
noted, if the party invested 2/3 of the cost, it would want to manage the
building.
I.20 City Manager
a. Rail Barge Construction -- Ross referred to the draft resolution added
to the agenda at the beginning of the meeting. He explained, the Alaska
Railroad Corporation issued a request for proposal for the design and
construction of three rail barges. Because Alaska Petroleum
Contractors, Inc. (APC) (of Nikiski) had the ability to do the work, the
resolution was written in their support, i.e. requesting the Alaska
Railroad Corporation to consider the hire of an Alaska company to do
the work.
Ross requested council review the resolution and offer any changes they
believed it required. He would then bring the resolution forward for
consideration at the May 5 meeting. In the meantime, he suggested a
letter of support be signed by all the council and sent to the Railroad
with a copy of the letter going with a delegation of representatives who
would be meeting with a shipbuilder in Seattle to show them the
communities' support of the project to stay in Alaska. Ross noted, the
letter would be prepared and ready for council's signature at .the budget
work session scheduled for April 26. Ross added, Representative
Phillips submitted a bill to the Legislature for consideration and the
Chamber of Commerce passed their own resolution. It was hoped a
part of the business would be awarded to APC.
Council had no objection to the resolution or submitting a letter of
support.
I-3. Attorney (Settlement of McLane Bankruptcy Claims)
a. McLane Litigation -- Attorney Graves reported a proposal to resolve
the McLane litigation had been submitted. He explained, the city would
receive 129 lots in Inlet Woods owned by MSM Partnership and a 60%
share in the bankruptcy pot, which consisted of non-exempt assets to
be sold minus administrative expenses. He added, if council agreed, he
would notify the bank and Attorney Haggart who would then notify the
Trustees the two major creditors had agreed to a settlement. Graves
noted, the bank and Haggert were confident the Trustees would approve
the compromise and proceed with liquidating the estate.
Council had no obj ections to the proposal.
I-4. City Clerk
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 23
\� a. Kenai River Festival -- Clerk Freas reported a letter was included in
the packet from the Kenai River Festival who were requesting a
donation from council in support of the Festival's activities. Freas
noted, the 98/99 Legislative budget included $300 for this donation.
Parks &Recreation Director Frates reported the Festival Committee
were considering the use of the softball green strip for the Festival.
Council had no objections to the donation of the $300.
b. ALPAR Litter Crew Program Donation -- Freas noted a letter was
included in the packet from Suzanne Little, Executive Director of the
Boys 8v Girls Clubs of the Kenai Peninsula, operator of the ALPAR
Youth Litter Patrol Program. The letter requested a donation to support
the program for summer 1999. Freas added, the 98/99 Legislative
budget included $800 for this donation. Council had no objections to
the donation of $800.
C. KCHS After Graduation Donation -- Freas referred to a letter of
request received from the KCHS "After Graduation" Committee who
asked for a donation toward planned activities to be held at the
Recreation Center. It was noted the 98/99 Legislative budget included
$300 for this donation. Council had no objections to the donation.
d. Career Fair Reimbursement -- Freas referred to information
distributed at the beginning of the meeting which included a bill from
the Kenai Chamber of Commerce for reimbursement for costs incurred
for the Career Fair held in March. It was noted council had approved a
not -to -exceed amount of $5,000 toward the Career Fair during a
previous meeting. Freas added, she was told by Mrs. Measles at the
Chamber, it was believed these receipts included all the costs expected
to be reimbursed by the city. The amount of the reimbursement was
$2,219.92. Council had no objections to making the reimbursement.
I-5. Finance Director
a. Insurance Broker RFP -- Finance Director Semmens reported the RFP
for insurance coverage had been distributed to insurance firms in the
area. Responses were due the following week.
b. Quarterly Investment Report -- Semmens noted a copy of the
quarterly investment report was included in the packet and if council
had questions to please contact him.
I-6, Public Works
Public Works Director Kornelis explained the purchase order to Kraxberger Drilling,
included on the amended H-2, was to correct problems with the flow rate in
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 24
Wellhouse No. 3. He added, he met with the contractor and they planned to shut
down the well and use Wellhouse No. 2 again which will have some coloration in the
water for approximately two weeks. Kornelis explained they believed tanens in the
water were blocking the screen. Kraxberger suggested using some material to bring
the blockage through the screen and then dispose of it. The screens would also be
cleaned. They will then begin a maintenance program to diminish future problems.
I-7. Airport Manager -- No report.
ITEM J: DISCUSSION
J-10 Citizens
Marion Nelson -- Reported the carnival would be at the Kmart parking lot on
May 20.
Bob Peters -- Asked for clarification that discussion regarding the "hockey
rink" was the multipurpose facility. Answer was yes.
Brian Hoisington -- Kenai Little League. Reported discussion took place at
the last Little League Board meeting of how the League could help the city in covering
costs to maintain the Little League Fields. It was suggested the League rent the
property from the city and be responsible for the maintenance of the fields. Finds
normally included in the yearly budget for upkeep of the field (approximately $8,000)
could be granted to the League instead for their use in maintaining the property
(possibly hire a contractor, etc.).
Williams noted he had discussed the League's concerns with administration and
there were issues to investigate because the property was originally BOR land and
could have restrictions regarding leasing and liabilities. Ross requested a meeting
with Hoisington. Hoisington stated he and other League members would be
developing a cost proposal for the repairs needed. Ross noted, he would put the
information received regarding the BOR concerns and costs for repairs together for
the League to review and make a proposal for administration to review.
J-2. Council
Bookey -- Congratulated Emily DeForest on her retirement and wished her
the best of luck.
Swarner -- Also congratulated DeForest and noted, DeForest inspired her to
run for council.
Swarner also questioned whether the bathroom situation at the Little League Field
had been investigated. Ross answered, Building Official Springer was checking on
the plumbing and electrical concerns. It was his understanding the plumbing and
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 25
electrical work had been done by volunteers. Ross added, the safety issues would be
addressed either by shutting the electrical off or bringing it to code, before any other
arrangements are considered.
Swarner requested council to consider paying for port -a -potties at the fields for the
summer during review of the Parks 8. Recreation Department budget.
Swarner noted, the summer theme for the Beautification Committee was decided as
"Blooming with Pride in Kenai."
Moore -- Thanked DeForest for her years of service and wished her good luck.
Moore also stated his concern that if the electrical was cut off at the Little League
Field, it would cut off the League's major source of funding from the Snack Shack.
Ross explained, there were underground burials going to the mound(s) and those
would be cut off. The Snack Shack would not be impacted.
Hoisington noted there were some electrical lines placed in Fields One and Two
which were not to code. He added, the League preferred they be removed and shut
off. He added, there were also potential problems at the batting cages which was
work done by volunteers.
Ross explained, as a result of Hoisington's testimony at the previous council meeting,
buildings, etc. at the fields had been checked and repairs were being planned.
Moore also reported he had been approached by a group of citizens living in the VIP
Subdivision who stated their interest in having city water connections. He noted,
HEA would be replacing utilities in the subdivision and the citizenry believed there
would be a cost savings if the work was done at the same time.
Measles -- Reported he would be out-of-town from May 12 through June 2.
He noted, he too would be not be in attendance for introduction of the budget
ordinance.
Bannock -- Thanked DeForest for her years of service to the city and wished
her good luck in her future endeavors. Bannock also noted the railroad project
would be an enormous project for the area at $30 million in construction and work
for 200 people over several years. He added, he believed the council should do
everything it could to get a portion of the project award to APC.
Bannock also requested a discussion regarding election of council members be
included as a discussion item at the May 5, 1999 council meeting. He added, he
would prepare an explanation of his concept to distribute to council prior to the
discussion.
Williams -- Thanked DeForest for her years of service to the city.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 26
EXECUTIVE SESSION - Inlet Woods Bankruptcy Litigation, if necessary -- no
} executive session was held.
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 10 : 20 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
By COUNCIL
KENAI CITY COUNCIL MEETING MINUTES
APRIL 21, 1999
PAGE 27