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HomeMy WebLinkAbout1999-09-01 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 1, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z Z www. ci. kenai. ak. u s 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) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1838-99 - Increasing Estimated Revenues and Appropriations by $26,928 in the General Fund for Pass -Through Grants. 2. Ordinance No. 1839-99 - Increasing Estimated Revenues and Appropriations by $450,000 for Design and Engineering of the Airport Maintenance Facility, Airport Fire Station and Warm Storage Facility. 3. Ordinance No. 1840-99 - Increasing Estimated Revenues and Appropriations by $10,000 in the Jet Fuel Facility Capital Project Fund. 4. Resolution No. 99-50 - Urging Timely Reauthorization of the Older Americans Act. 5. Resolution No. 99 -51 - Awarding the Contract to American Environmental for Additional Professional Services on the Underground Storage Tank Removal at the Airport jet Fuel Facility Project for the Amount of $14,30 1. -1- 6. Resolution No. 99-52 - Setting the Time and Place for a Public Hearing on the Crow Court Street Improvement Special Assessment District. 7. Resolution No. 99-53 - Congratulating the Peninsula Oilers Baseball Club for Their Successful 1999 Season. 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 8v 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 August 18, 1999. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS 1. Discussion - AML Conference Donation ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1841-99 - Increasing Estimated Revenues and Appropriations by $100,000 in the Forest/ Redoubt Water & Sewer Crossings Capital Project Fund. -2- 4. ITEM I: 1. 2. 3. 4. 5. 6. 7. ITEM J : *Ordinance No. 1842-99 - Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Public Library Assistance Grant. ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Managers Airport Manager DISCUSSION EXECUTIVE SESSION -Evaluations of City Manager, City Attorney and City Clerk (if time allows). ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 1, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.cl*.kenai.ak.us 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: Moore, Bannock, Frazer, Williams, Bookey and Swarner. A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: I-4, October 5, 1999 City Election - Election Judge List. MOTION: Councilwoman Swarner MOVED for approval of the agenda with the addition of the election judge list. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA Mayor Williams noted he had no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS - None. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING MINUTES j SEPTEMBER 1, 1999 PAGE 2 C-1. Ordinance No. 1838-99 - Increasing Estimated Revenues and Appropriations by $26,928 in the General Fund for Pass -Through Grants. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1838-99 and Councilman Frazer SECONDED the motion. There were no public comments. Councilman Moore asked if any of the funds would be used for the Kenai Health Center. City Manager Ross explained, they were bed count -type pass -through grants for the Peninsula Care Center, Women's Resource 8s Crisis Center, etc. VOTE: Moore: Yes Bannock: Yes Frazer: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-2, Ordinance No. 1839-99 - Increasing Estimated Revenues and Appropriations by $450,00.0 for Design and Engineering of the Airport Maintenance Facility, Airport Fire Station and Warm Storage Facility. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1839-99 and Councilman Bookey SECONDED the motion. There were no public comments. Councilman Bookey asked what the timeline was expected to be for the project. Ross answered he hoped the final design for the airport ARFF warm storage facility would be ready for FAA in April as they requested. He added, administration had every reason to believe FAA would push the project and it may be a project for next year. He noted, both AIP and FAA discretionary funds would be used as funding sources for the warm storage project. At first review, the estimated cost for both the airport maintenance/fire station and shop building was $6 million, which could be high. Ross added, the shop facility project would depend on the city's lobbying capabilities because there was no funding source for construction of the project at this time. He noted, the site for the building was also unknown at this time. Without a funding source and designated site, the shop facility would go only to preliminary design. l KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 3 Bookey asked if it was believed an additional $3.5 million would be needed for the warm storage building. Ross answered, the project was for a combination of two buildings: warm storage facility and fire station. The preliminary cost estimate showed the cost could go that high. He added, Public Works Manager La Shot and Airport Manager Cronkhite met with FAA and the project will be designed to correspond with what FAA will fund. Ross stated, neither the Airport or General Funds were in a position to fund the projects. FAA would be funding 93% of the project. VOTE: Moore: Yes Bannock: Yes Frazer: Yes Williams: Yes Bookey:Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1840-99 - Increasing Estimated Revenues and Appropriations by $10,000 in the Jet Fuel Facility Capital Project Fund. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1840-99 and Councilman Moore SECONDED the motion. There were no public comments. Williams noted this project was brought on by the ADEC and EPA. Bookey stated he had reservations about this project for a long time (as well as former Councilman Measles) . He added, he was concerned that if the project is started, it would turn into something very extensive. He asked for Ross' comments. Ross noted when he was hired as the interim city manager three years prior, this matter was already being discussed. Ross explained, the tanks needed to be pulled because of the law and they would have needed to be pulled at some point. He added, he had attended several meetings with the DEC over the last two years. A proposal is being compiled that would allow for the following: 1. Hydro -punching to ensure there is no free-floating material. If there is free-floating material, it will need to be removed to ensure it won't migrate to the terminal, cause fumes, etc. He added, he didn't think this would be an issue. 2. Determine what is left in the soils. He noted, administration's opinion was that once that answer is known, a waiver would be requested and debated to acquire. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 4 3. Desire to deal with the soils at the shop. He noted, he believed the city was very close to not having to burn the soils (with several more months of natural aeration, etc.). Ross continued, administration's position was the piping would not be removed; the piping will be abandoned in place when the project is completed; if there are issues below the tarmac, the city will have an obligation to see what is there. He added, without free-floating material, the city will resist any clean-up under the tarmac. If there is free-floating material and depending on the quantity, the city may not have an option. Bookey asked what made Ross believe there was no free-floating material. Ross answered, the type of line it was; the fact that some of the test wells (though not downstream of the bulk of the plume) didn't show any contamination at the level that would lead them to believe there was; and it was not a pressured line, except for in immediate use to fill planes. Ross added, if free-floating material was found, it should be removed. Bookey reminded council that was what was suggested with the court house project. Ross noted, under the current rules, he believed the court house decontamination efforts would have been considered overkill. Ross stated, over the years the city has debated with DEC over different matters and where the city has thought it has been justifiably right, it has said "no." In this case, a determination of free-floating material has to be made and the hydro -punching method will be used to make that determination. Other down -gradient wells were being established to make sure no other material was moving. If there is, the city will state no -harm, no -foul, because it is under an airport. Also, the final soils testing is being done in order that a $30,000-$40,000 burn is not needed and maybe a local remediation might be done through farming dispersal, etc. on city soils. Moore asked if there were two different standards and explained, the city just passed a conditional use permit for a piece of property on Beaver Loop that had equipment with fuel tanks and oil stored on the property, but the council decided it was not a concern. However, the council may be putting itself to a higher standard than that of the general public. Ross answered, he didn't believe the city was to a higher standard than the general public in the sense that the matter started as a tank removal program and a tank which had contamination in and around it. He added, it was not different than a local gas station having to remove their underground tanks. Ross continued, if the tanks had been removed ten years ago when the rules were different, the problem wouldn't be before council at this time. Having two 10,000 tanks and contamination in and around them, whether private or public, would be having the same concerns at this time. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 5 VOTE: Moore: Yes Bannock: Yes Frazer: Yes Williams: Yes Booke Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-4, Resolution No. 99-50 - Urging Timely Reauthorization of the Older Americans Act. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 99-50 and Councilman Bookey SECONDED the motion. MOTION TO AMEND: Councilwoman Swarner MOVED to add the word "meeting" after August 26, 1999 in the fourth whereas and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. There were no public or council comments. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. C-54, Resolution No. 99 -51 - Awarding the Contract to American Environmental for Additional Professional Services on the Underground Storage Tank Removal at the Airport Jet Fuel Facility Project for the Amount of $14,301. MOTION: Councilman Moore MOVED for approval of Resolution No. 99-51 and Councilman Frazer SECONDED the motion. There were no public comments. Bannock asked if there was any work not performed by Kent & Sullivan and if the contract with Kent & Sullivan had expired. Ross answered, yes, the contract had expired and the city requested they do some additional work for the city on a purchase order in their last DEC meetings. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 6 Moore asked why it was important to the resolution to contain that information with respect to Pete Campbell's non -association with Kent & Sullivan. He asked if Campbell was bring work or data with him that would be useful in his additional services to the city. Ross answered yes. He explained, Kent 8. Sullivan was Campbell's former employer and he had worked on the project during the first contract and would be continuing the same work under his own business in this portion of the work. Bookey asked why the city was now switching to American Environmental if Kent 8v Sullivan was the company the city first contracted. Bookey asked if the city was dissatisfied with Kent 8v Sullivan. Public Works Manager La Shot answered, it was because Campbell performed all the work for Kent &Sullivan and Kent &Sullivan agreed to transfer their records to Pete Campbell and suggested the city switch the work to Campbell. Bookey noted the original ordinance was for $10,000 and the resolution was for $14,301. Ross explained, there were funds remaining in the first project that could be used toward this portion of the work. VOTE: There were no objections. SO ORDERED, C-6, Resolution No. 99 -52 - Setting the Time and Place for a Public Hearing on the Crow Court Street Improvement Special Assessment District. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 99-52 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-7. Resolution No. 99-53 - Congratulating the Peninsula Oilers Baseball Club for Their Successful 1999 Season. MOTION: KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 7 Councilman Bannock MOVED for approval of Resolution No. 99-53 and Councilwoman Swarner 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 a meeting was held on August 26, 1999 and the unapproved minutes of the meeting were included in the packet. Williams noted the minutes stated the new Senior Center van was on its way. Moore noted the minutes stated a city shop employee had to travel to Seattle to inspect the vehicle and asked if this was necessary. La Shot answered, the company was told to send the vehicle to the city and meet the specifications. He noted, the company did request someone travel to Seattle to inspect the vehicle, however that was not in the plan. La Shot added, no one would be traveling to Seattle unless the company paid for the travel costs. D-2. Airport Commission -Bannock reported the minutes of the last meeting were included in the packet (which he reported on at the August 18 council meeting). D-3. Harbor Commission - Bookey reported the next meeting was scheduled for September 13 (moved from September 6 because of the Labor Day holiday). Williams noted he attended the public meeting held on August 24 in regard to the Coastal Trail/Bluff Restoration project and was very encouraged as there were very few negative comments. He added, he was disappointed there were not more people attending since over 100 notices of the hearing were mailed out. Williams added, he spoke about the project at the Chamber luncheon and suggested people contact the City Clerk to have their name added to the notice list. D-4. Library Commission - Moore reported the next meeting would be held on September 7 and a "Meet the Librarian" night was planned for September 16 from 4:00 - 7:00 p.m. D-5. Parks & Recreation Commission - Frazer reported the next meeting was scheduled for September 2, 1999, beginning at 7:00 p.m. in the council chambers. Williams reported he was asked by the director of the Boys & Girls Club if KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 8 it would be possible for them to use the BOR property for an extra soccer Feld. He suggested she contact the Parks 8s Recreation Director and/or the city manager. D-6. Planning & Zoning Commission - Bannock reported the minutes of the last meeting were included in the packet. He noted two landscape site plans were approved at the meeting. D-7. Miscellaneous Commissions and Committees D-7-a. Beautification Committee - Swarner reported the next meeting was scheduled for September 14. D-7-b. Historic District Board - Moore referred to a memorandum included in the packet which noted the October 18 Board meeting would fall on Alaska Day, which is a city holiday. Staff suggested the meeting be moved to October 19. There were no objections from council to move the meeting date to October 19. D-7-c. Kenai Visitors & Convention Bureau Board - Bookey reported he was told a meeting was scheduled for September 20. D-7-d. Alaska Municipal League Report - Williams reported he attended the joint meeting of the AML Board of Directors and Alaska Conference of Mayors on August 30 and 31. He noted, there was a great deal of debate regarding the Permanent Fund question to be asked on the State's September 14, 1999 Special Election ballot and whether the ACOM's taking a position on the matter was representing the members' individual opinion or their councils and constituents. Williams reported the ACOM voted to support the "yes" vote, but it was decided their votes were individually made and would not represent the wishes of the whole. Williams stated he voted in favor of the "yes" vote because it was unknown what the "no" vote would mean. Williams also reported the ACOM was very concerned about the possibility of the initiating a state sales tax because if the legislation is not written correctly, it could cause a major source of funding to be cut from the municipalities' income. He noted the group decided if AML or ACOM put forth any lobbying effort, they will all be requesting funding from their councils and will register with the APOC. Williams reported he also attended a meeting in regard to the gas pipeline proposal. He noted, since last year the member groups of the gas committee had moved rapidly forward in forming a committee and electing to put in $100,000 to create a port authority. This will be the financing arm for revenue bonds to be used for the building of the pipeline to Valdez. He noted, there were many who believe the Cook Inlet should be given a closer look and that if a pipeline is built, a spur line should be built KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 9 to funnel the gas to Anchorage. This suggestion met with some contention. Williams added, another report will be coming out and the ACOM will wait to support the project until after reviewing the report. He added, the problem was that the formation of a port authority will be voted on in Valdez and the North Slope Borough on October 5, 1999. If the question passes, they will be ready to go forward with the project on October 6. Williams stated, if the project goes forward and no spur line is built to Anchorage or Nikiski, this area could wind up with a shortage of gas in the next 14 years. BREAK TAKEN: 7:52 P.M. BACK TO ORDER: 8:09 P.M. ITEM E! MINUTES E-1, Regular Meeting of August 18, 1999. Approved by consent agenda. ITEM F: CORRESPONDENCE - None. ITEM G: OLD BUSINESS G-1. Discussion - AML Conference Donation Williams referred to a memorandum included in the packet and submitted by the City Clerk. He reminded council, at their last meeting, there were some questions of what the $2,000 donation he requested be made toward the conference costs would be used. He noted, the memorandum discussed some of the expected costs and suggested the funds could be taken from the Legislative Professional Services budget because AML has done much of the city's lobbying for the past several years. Williams noted the City of Soldotna was donating the use of the Sports Center (estimated cost of $16,000), plus ice removal and would be holding a reception. The Borough was donating $5,000 and holding a reception. Williams also reported the same amount of hotels and motels were being used in both Soldotna and Kenai and some of the meetings would be held in Kenai. Swarner asked where the remainder of the funds were coming from for the conference costs. Williams suggested booth rentals would cover some of the costs and AML would KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 10 probably absorb some of the costs. Moore asked the cost of compensation for the conference coordinator. Williams answered, he did not have that information, however a facilitator was needed. Moore stated he would support the donation of $2,000 as he believed the conference would be very valuable for the city to see what a facility like the Sports Center can do for the community since an ice rink is now being built in Kenai. Also, because the hotel/motel use will also be good for the community. Bookey stated he would also support the donation. MOTION: Councilman Bookey MOVED to approve the $2,000 donation toward to the costs involved with the AML Conference being held in Kenai and Soldotna in November. Councilman Moore SECONDED the motion. VOTE: Moore: Yes Bannock: No Frazer: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and declared she was an employee of the Women's Resource & Crisis Center. Councilman Moore SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 11 Williams noted Swarner's declaration and noted the items to which she was referring on the list were pass -through grants and were being made through the city for the good of the community. Williams requested Swarner vote on the matter. VOTE: There were no objections. SO ORDERED. H-3, Ordinance No. 1841-99 - Increasing Estimated Revenues and Appropriations by $100,000 in the Forest/Redoubt Water & Sewer Crossings Capital Project Fund. Introduced by consent agenda. H-4. Ordinance No. 1842-99 - Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Public Library Assistance Grant. Introduced by consent agenda. ITEM I: I-1. Mayor ADMINISTRATION REPORTS a. Challenger Project - Williams referred to information included in the packet regarding a group of NASA officials who came to Kenai on August 27 to visit the Challenger project site. Williams noted those visiting were the NASA Administrator, Deputy Administrator, Legislative Affairs Director, Governmental Affairs Director, Astronaut Bonnie Dunbar and others. Williams reported that during their discussions it was mentioned the Alaska Challenger project wanted to include a memorial in the facility to Astronaut Pete Conrad, who had been a member of the Board of Governors. The NASA Administrator made immediate arrangements for a display from the Smithsonian Museum to be housed at the Kenai facility, as well as assigning a liaison between NASA and the Kenai Challenger Facility. b. Economic Development District - Williams referred to a letter included in the packet noting the need for an appointee to the EDD Board of Directors to represent the city. He noted, Jim Elson had been the city's representative, but resigned that position to take the Interim Director's position at EDD. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 12 Williams asked whether council wanted to make an appointment from the council or from the general public. Also, whether the appointment should be made before the October election or after. Williams noted Councilman Frazer had indicated interest in the appointment. He added, since taxes from city residents go to the operation of the EDD, he believed a city council member should be one of the city's representatives to the board. Swarner stated her support to appoint a council member at this time if there was interest in the appointment. Frazer stated he thought it may be better to wait until after the October 5, 1999 election. Bookey asked if there was anyone interested from the private sector. Williams answered he had talked to several people, but there was no definite answer. It was decided to delay the appointment but request EDD to send Councilman Frazer a packet of the Board's next meeting. C. Daubenspeck/ FAA Properties - Williams requested administration to proceed as soon as possible to determine ownership and restrictions of these properties in order to offer the property to the general public. He noted, he was aware there was a lot of red tape in this regard, but didn't want the project delayed. Williams stated he would like to have the questions cleared up within six months to a year. Bookey stated he agreed, but realistically thought it would be a year. Ross agreed. Williams noted, the issue of where and who builds the next hotel in the area is immediate and they don't want to delay building any longer than possible. He added, he thought it was important to invest a great deal of time into the project because of its return to the city. Bookey stated he thought that was a good plan, but didn't want to think unrealistically the questions would be solved within six to nine months. He noted, the BOR questions on the golf course took a long time and thought this property would be more complicated. Ross reported a use proposal of the Daubenspeck property would be presented to council at their September 15, 1999 meeting. The report would propose testing be done on that property as well. That work would be able to be done quickly. He added, he believed a yes or no answer would be had within a year in regard to the FAA property. Ross continued, he believed the FAA parcel turnover would be done within the next six months, however it was unknown how fast FAA would move on the matter after they completed their cleanup of the property. Ross stated, there were some options in regard to the BOR property and how to expedite the process which he would discuss with council at that time. He explained, during the process of the golf course/BOR lots, the city went directly to the Secretary Of Interior and Congressman Young's office. He added, the city will have to work KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 13 within the existing law because Congress would not be changing the law or if they do, it would be a long process. Ross continued, in spite of all the work done in contacting Mental Health, the Borough, etc., it was Commissioner Shively's stepping forward and stating he would substitute State land for the city property that cleared the way. Ross stated he didn't want to encourage council that a solution would be found in less than one year. Williams asked if part of the plan to expedite could include setting aside the questioned three and one-half acres as not available at this time, and include seven to 18 acres as available (depending on how much property is held back for the Coastal Trail/Bluff Restoration project). He added, if a parcel of property could be put aside to accommodate a hotel/ convention center, progress toward the RFP could be fairly quick. Ross noted, if the BOR tract was left out, the council proceeds with a use plan for the Daubenspeck property, testing is done and there is no contamination for which the city will want to hold FAA responsible or that could cross over to the FAA tract, he believed it could be said the FAA tract is available within the next year (if ownership is received from FAA) . Ross asked La Shot if that was possible and he answered yes. Ross added, he didn't anticipate the FAA tract ownership would be in hand much less than one year. The BOR property, depending on the solution, could be completed within the year. Ross noted, however, there are complications on that property. Williams stated, he thought the BOR property could be reserved as there was nothing to prevent a private corporation to occupy it if it was used for a recreational purpose. Ross stated, the property would have to be used for the same purpose (a football field), unless the city would change the present use with the BOR. Until the present use is changed, there will be complications. Williams asked if there was a specific reason why the city should wait until spring to do the testing on the FAA property. Ross asked La Shot if the testing could be done this fall. La Shot answered, he thought it would be a push to get someone under contract, but it could be possible. Williams asked for a suggested plan for doing the testing by the next meeting (contacting contractors as to their availability) . Ross noted, that information would be included in the plan to be brought to council at the September 15 meeting. Williams asked if that information would include whether the contractor would be available to do the testing this year instead of the spring. La Shot stated he would be able to give information as to how fast a contract could be processed. Bookey asked, in generalities, what type of exploratory testing would be done. Ross answered, a lot of that would be determined based on how the council proposes to use the Daubenspeck property. If council agrees the property could be used in a way that old burial would not need to be removed, the testing would then be looking at what is KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 14 there that has gone out from old burial. He added, it was unknown what would be found and was a "Pandora's Box." However, it was something some council in the future would have to investigate. While FAA was still in the area and could be tied to the operation of it and current in everyone's mind, he thought it was probably the time to make the investigation. Ross continued, it could be a matter of some wells which would not be a problem, or it could go beyond that. Williams agreed someone would have to address the subject and preferred it be addressed now before time gets away. Bookey stated, he agreed with that and didn't have the reservations on this project as he did with the airport. He added, he believed this would be a viable project that would be a major benefit to the city through tax base, employment, etc. Bookey added, he agreed with Ross that as long as FAA was involved in the project, now was the time to find out what is there, etc. Williams stated the matter would be addressed when the plan comes forward. I-2. City Manager a. Kenai Health Facility Project - Ross reported he recently met with Borough Mayor Navarre regarding the health facility project. The project is progressing to design. Navarre stated to him that when they make a final request for the property (being donated by the city), they may also request a first right of refusal for whole or part of the property directly behind the donated property for possibility of need for future expansion. He continued, the city has ownership of the property and FAA has right of use of the property because of instrumentation on situated on the property. Ross reported he told Navarre any right of refusal would be at fair market value and Navarre agreed. If the request is made, the city attorney could speak to whether another council would be bound to an agreement this council may make in this regard. b. Free Trade Zone - Ross noted the Peninsula Coalition discussed this matter and began the effort to pursue making application. He reported Mayor Navarre agreed the Borough should prepare and submit the application, picking up 50% of the non -recurring and recurring costs. The Coalition will have to decide how they will allocate the remaining costs and determine the cost benefit of acquiring a Free Trade Zone. C. Drift Boat Launch/Cunningham Park -Ross referred to correspondence included in the packet from the Kenai River Sportfishing Association and his response. Ross reported, city administration agreed with the Harbor Commission regarding Cunningham Park's capabilities and concerns that proceeding with adding a drift boat launch at the Park would end up with the same parking and 1 user problems just eliminated by the upgrade of the Park. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 15 d. Borough Animal Control Ordinance - Ross referred to his memorandum and attached Borough Animal Control Ordinance which was included in the packet. Ross reported, administration and Animal Control Officers reviewed the draft ordinance and offered some amendments to the language. He added, the City's decision to participate would depend on the contract offered from the Borough and the Council's consideration of the contract. Ross stated, at this time he saw no reason to oppose the language. Williams asked if the $25,000 would be sufficient for the city to take on the responsibility of the contract. He added, he believed Ross would inform council of his view of the work and responsibilities involved. Ross noted that based on the ordinance, the animal control officers would respond to dog bite/Trooper-on-scene violations only. He added, he didn't anticipate the Assembly would expand the ordinance from its present form. I-3. Attorney - Attorney Graves reported he would be out of the office on September 2 and 3, 1999. I-4, City Clerk - Clerk Freas referred to the memorandum and list of persons agreeing to work as election board members for the October 5, 1999 City of Kenai/ Kenai Peninsula Borough election. Freas noted the Kenai Municipal Code requires council to approve the list of workers. Council had no objections to the list of election board members. I-5. Finance Director -Finance Director Semmens referred to Item H-1, Investments and noted those listed had maturity levels longer than the two years (taking advantage of the recent change in allowed maturity levels). He noted the interest rates were substantially higher and added, he believed the change would work very well for the city. I-6. Public Works Managers - Public Works Manager La Shot reported the GIS System was functioning and a demonstration of the system could be presented at a future council meeting if council desired. He explained, with the system, a parcel of property within the city could be pulled up and with it tax information, water/ sewer hook-ups, building permit activity, etc. can be reviewed. Swarner asked if the system could indicate whether the laundromat behind Spenard Builders was hooked up to city water and sewer. La Shot answered he would check. Williams asked if the GPS System would replace the Omni Transmitters which currently were situated on the property for which the Borough would like the first KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 16 right of refusal in regard to the health center project. Airport Manager Cronkhite answered, she would check with FAA and report back to council. I-7, Airport Manager - No report. ITEM J: DISCUSSION J-11 Citizens - None. J-2, Council Bookey - No comments. Swarner - Reported the Women's Resource & Crisis Center run on August 14 was very successful. Moore - Inquired on the progress of upgrading of the Little League Fields. Parks & Recreation Director Frates reported the sod was removed on both of the fields for the warning tracks and the pile of dirt on Field # 1 needed to be leveled out and the dirt used on Field #2. The Senior League Field work was complete and the only work needing to be completed may be the Senior Girls Field, and that may be done in the spring. Moore asked if the city's plan in regard to the FAA/ Daubenspeck property use include review by the Historic District Board. He noted, there was a burial site on the property which should be addressed with the Native associations and Historic District Board. He added, he believed the burial site could be a very emotional cog in the wheel. Ross reported, the burial site and the Russian Mission property had been located on the plat. He added, those sites had been considered. Bannock - No comments. Frazer - No comments. Williams - No comments. EXECUTIVE SESSION -Evaluations of City Manager, City Attorney and City Clerk (if time allows) . Postponed to September 15, 1999 (City Clerk and City Attorney) and October 6, 1999 (City Manager). � KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 1, 1999 PAGE 17 ITEM K: ADJOURNMENT The meeting adjourned at approximately 8:57 p.m. Minutes transcribed and prepared by: el" �, 'Y' M ,�, Tr Carol L. Frea ,City Clerk tPr'RC9VED BY COUNCIL Z/�VV,001 DATE iCJ�W CLEPX