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HomeMy WebLinkAbout1998-10-07 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL -REGULAR MEETING OCTOBER 7, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us/ CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Jan Stiers -- Home Occupation Permit/Woodland Subdivision ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1796-98 -- Finding That Certain City -Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, Is Required for a Public Purpose. 2. Resolution No. 98-67 -- Awarding the Bid to Seekins Ford Peninsula Fora 3/4 Ton Pick -Up for the STP For the Total Amount of $25,028. 3. Resolution No. 98-68 -- Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. 4. Resolution No. 98-69 -- Awarding a Five -Year Contract for the Alaska Regional Aircraft Firefighting Training Facility Vending Machine Concession to Tyler Distributing Company, Inc. 5. Resolution No. 98-70 -- Transferring $16,618 in the Airport Land System Special Revenue Fund for a Full -Time Department Assistant II Position. 6. Resolution No. 98-71 -- Accepting the Preservation Plan for the City of Kenai. -1- 7. Resolution No. 98-72 -- Transferring $6,980 in the Animal Shelter J Capital Project Fund. p 8. Resolution No. 98-73 -- Supporting Two Capital Improvement Project Lists For 2000-2002 STIP Funding. 9. 1998/99 Liquor License Renewal -- WITHDRAWAL OF PROTEST Alaskalanes, Inc. 10. *Transfer of Liquor License -- Little Ski-Mo Drive Inn, Ronald S. Yamamoto to Little Ski-Moes Burger & Brew, L&M Ventures, Inc. / Beverage Dispensary. 11. *Restaurant Designation Application -- Little Ski-Mo Drive Inn -- Restaurant/ Eating Place. ITEM D: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8. Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Kenai Visitors 8. Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of September 16, 1998. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS 1. Residence Requirement -- Vintage Pointe Manor 2. Professional Services Contract -- James Carter 3. Operations Agreement -- ARFF Management ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified -2- 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1797-98 -- Removing the Current KMC 14.20.150 and Replacing It With a New KMC 14.20.150 That Is Compatible With Recent Changes in the Land Use Table and Which Provides for Closer Scrutiny of the Effects of Each Conditional Use Permit. 4. *Ordinance No. 1798-98 -- Appropriating $45,000 in the Senior Citizen - Borough Grant Fund for the Purchase of a Handicap - Accessible Vehicle. 5. *Ordinance No. 1799-98 -- Amending the Kenai Municipal Code, Chapter 6.05 by Adding Section 6.04.145 Entitled, "Absentee Voting in Person." 6. *Ordinance No. 1800-98 -- Amending KMC 6.04 to Allow and Set Procedures for Special Elections By Mail By Adding Subsections 6.04.300 Through 6.04.340. 7. *Ordinance No. 1801-98 -- Appropriating $113,000 for Improvements at Cunningham Park. 8. *Ordinance No. 1802-98 -- Removing "Advisory" in the Kenai Municipal Code From the Names of Harbor Commission and Library Commission and Deleting the Name "Advisory" From Certain References to the Planning 8. Zoning Commission. 9. Approval -- Assignment of Lease/ Lot 3, Block 4, General Aviation Apron - James F. Adolf to Bob's Pawn, Inc. and W.W. Wilson, III. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (live minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 7 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z Z www.ci.kenai.ak.usf Mayor John J. Williams, Presiding ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Moore, Measles, Bannock and Smalley. A-5, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: C-3, Resolution No. 98-68 -- Additional items to be added to the list. ADD TO: Item G-2, Professional Services Contract -- James Carter -- Additional comments from: a. Joyce Ross b . Kari M ohn C. F. C. Rogers ADD AS: H-10, Discussion -- Wayside Park at Birch Island ADD AS: Information Item No. 5, 9 / 29 / 98 Kenai River Center letter regarding reconvening meeting of Kenai River Watershed Interagency Coordination Group on October 15, 1998. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilwoman SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams reported he had no changes to the consent agenda. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented and Council -man Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Jan Stiers -- Home Occupation Permit/Woodland Subdivision Williams noted a letter from Ms. Stiers was included in the packet along with a copy of her Home Occupation Permit Application. Ms. Stiers gave her address as 518 Pine Avenue, Kenai, Alaska. Stiers explained her business is "Wee Folks Child Care." She has been in the childcare business in the state and territory since 1955 when she began teaching. She moved into the city last year and into the Woodland Subdivision a month ago. She attached her business sign to the garage door and noted, she had used the same sign at her previous address in the city. Stiers continued, after placing the sign on her garage door, she had been contacted by city administration telling her a license, conditional use permit, etc. was needed. Stiers asked how many home occupations for daycare businesses are licensed in the city. She suggested probably only three in the city are licensed, but stated there are 52 businesses within the city. Stiers stated if one business requires a license, she believed all need to have the license. Stiers added, she believed her neighbor (Joe Harris) was being malicious in making the complaint. She noted, she has several degrees, is a counselor for violence and sexual assault and believed this situation seemed to be one of a person who has a problem with children being next door. Stiers continued, her neighbor informed her there is a covenant in Woodland that no sign is allowed. She added, she had contact from the State Trooper (who lives next door to her) the same day. She noted, the State Trooper has two vicious dog signs in his yard and is also breeding dogs which is also against the covenants. Stiers stated, if she is needing to have a license for her sign, she felt everyone else should have to have one as well. Stiers stated there are 32 signs in Woodland. She read, "No sign of any kind to public view on a lot except for one professional sign not more than one square foot." Stiers stated she had no problem with anybody's signs, but if a child is washing cars for ten cents and has a sign, his sign would not be allowed, as well as yard sale signs, etc. Stiers added, Safe House signs in windows would not be allowed, vicious KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 3 dog signs, car -for -sale signs, etc. would not be allowed either. Stiers also asked if home businesses required licenses as well. Stiers restated, if she has to be in compliance with signs permits, etc. she wanted everyone to have to be in compliance. Stiers noted, political signs also are illegal. Stiers added, the neighbor (Trooper) told one of the children the first day she was there that they were harassing his dogs. Stiers suggested the covenants should be reviewed and people should be allowed to live without problems. Stiers noted, she lived in Brannigan Circle prior to living in Woodland and she had no problems. She added, she wanted all the other signs in the area to be removed, or she would place hers on her garage again. Williams explained, she was discussing two separate issues; covenants of Woodland and ordinances of the city. He noted, the city council does not regulate, review, enforce, or cause to be enforced any of the covenants of the subdivision. Homeowners of Woodland are strictly responsible for any covenants within the subdivision. City ordinances have requirements for all types of home occupation businesses. All home occupation businesses within the city require licensing and perhaps conditional use permits. Williams also noted, the sign is a violation of city ordinance in regard to the type of sign placed. He added, two signs are exempted from the ordinance; real estate for sale signs and political signs. Stiers noted she is state licensed and when she spoke with state program office personnel, she was told they were not aware of any licensing requirements for signs, etc. Williams noted the licensing procedures in the ordinances have been on the books for a long time. Stiers noted there are five daycare businesses in Woodland and one is in a home across the street from her. Williams explained, the city does not send out an investigative team to find illegal businesses operating in the city. Moore asked Stiers to share pictures she brought to the meeting with the council. She passed them around for council to review. Smalley noted Stiers had submitted a Home Occupation Permit application. He added, the receipt of a Home Occupation Permit would allow a sign either 1' x 4' or 2' x 2'. Also, a variance could be requested for a larger sign through Planning & Zoning. Stiers noted, she had the same sign out when she lived in Brannigan Circle. The problem arose when her neighbor called and made his complaint. She added, the realtor didn't tell her there was a covenant in regard to the sign. Smalley stated, home occupation permit and conditional use permit problems are generally complaint generated and when the city becomes aware, response is made to the complaint. He added, it is required she have either a home occupation or conditional use permit. Smalley noted, if she wanted a larger sign than what is acceptable by the ordinance, a variance would need to be requested through the Planning & Zoning Commission, or a smaller sign used. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 4 Stiers stated she wasn't concerned about the sign as she was limited out on the amount of children for whom she was caring. However, she was concerned with the viciousness of the neighbor who then called the realtor and her landlady and suggested she "must be dealing drugs because, after all, there's a number of cars going in and out." She added, if the person was looking at the people coming in and out, he would see they are state cars picking up and dropping children off. She noted, some of the people picking up and dropping off children are enforcement officers as well. Smalley noted, that situation is one between her and the neighbor and council was not involved in that discussion. Williams stated he believed the situation's solution was for Stiers to get a Home Occupation Permit. He noted the application had been submitted and at this time, there did not seem to be any objections from city personnel in her having a home occupation permit. He added, it will be strictly up to her friends and neighbors in regard to commenting about the permit as the process occurs. Williams noted, the Planning 8. Zoning Commission will make the decision as to whether the permit is issued. . Stiers asked how long she will have to wait for the matter to go before the Planning 8v Zoning Commission. It was noted, the item should be on the next agenda (Wednesday, October 14, 1998) . Williams noted, Stiers may want to attend the meeting and bring any documentation, witnesses, guests, etc. that may help in the process. Attorney Graves explained, Home Occupation Permits Applications are listed under the consent agenda on the Planning & Zoning Commission agenda. Those permits are approved routinely unless pulled off the consent agenda by the Commission. ITEM C: PUBLIC HEARINGS C-14, Ordinance No. 1796-98 -- Finding That Certain City -Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, Is Required for a Public Purpose. MOTION: Councilman Bookey MOVED for approval of Ordinance No. 1796-98 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. Williams noted, the property is situated between Dr. DeFoors' dental office and Country Foods and is the proposed location for the new Public Health Service facility and patient out -service offices for the Central Peninsula Hospital. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 5 VOTE: Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 98-67 -- Awarding the Bid to Seekins Ford Peninsula For a 3/4 Ton Pick -Up for the STP For the Total Amount of $25,028. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-67 and Councilman Smalley SECONDED the motion. There were no public comments. Measles questioned whether the correct name for Seekins was used in the resolution. Ross reported this was the name used in the bid documents. VOTE: There were objections. SO ORDERED, C-3, Resolution No. 98-68 -- Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 98-68 with the additional Items listed on the added C-3. Councilman Moore SECONDED the motion. There were no public comments. Williams noted sometimes surplus items may be donated to local non-profit organizations. However, the request must be made prior to the passage of the resolution. He added, some items will be donated to the Women's Resource and Crisis Center. Councilman Moore noted many items had been removed from the Dairy Queen and asked if that might be a problem later. Ross stated he would review that question during his Manager's Report. Ross also noted, the signs included on the list from the Dairy Queen were taken from within the building. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 6 C-4. Resolution No. 98-69 -- Awarding a Five -Year Contract for the Alaska Regional Aircraft Firefighting Training Facility Vending Machine Concession to Tyler Distributing Company, Inc. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-69 and Councilman Smalley SECONDED the motion. There were no public comments. Moore asked how many vending machines will be placed at the building in reference to the square footage to be used by the machines. He noted, the lease rate is based on the square footage and whether the bid rate of $42.00 a month would cover the area used. Ross answered, the vending is bid on a flat rate commission. The documents required a minimum of two vending machines. There had been three included in the original bid documents, but an addendum was issued because there was no water plumbed to the vending area site. The bid was put out similar to the airport vending machines and FAA had no ob 0 ections. Ross also reported, four packets were taken out, but only one bid was received. Some concerns were voiced by one of those who took out the bid documents, that because there is no history of the use of the machines and items for sale, they would be bidding blind. An alternative would be to bid the percentage of the gross, but with vending machines, late models would be required which would control what the revenue reporting would be or first count. Williams asked what the rent payment to the city is on the vending machines at the airport. Assistant Airport Manager Holland answered, they were initially paying approximately $240-250 a month for the spaces. However, the amount was reduced and now he believed they were paying approximately $160-180 a month. He added, there are three vending machines and a change machine in the airport. Williams stated he discussed the bid with Ross and noted his concern with the manner in which the contract was put out to bid and the subsequent addenda. He added, there were two addenda in the last week of the bidding time. Both addenda changed the format of how the original bid was put out. One addendum removed one machine, leaving only two machines and would cause a bidder to readjust the purchasing (if buying new machines). The other problem was there were only four people taking out the documents and only one bid. Ross explained, the addenda were faxed and mailed to those taking out the bid documents and to his knowledge, all addenda were received. He continued, the addenda were not complicated. One was that the airport manager had the ability to reject unserviceable or junk machines; one was that the contract timeframe was changed to fit the same as the airport (five-year contract) ; and the other deleted a hot drink machine because there was no plumbed water to the site. Ross added, they j were not material items that would affect the ability of a bidder. Also, only one KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 7 complaint was received from a potential vendor. Ross continued, the main issue seemed to be the vendor would be bidding blind because there was no history and no way to project what the utilization will be. VOTE: Williams: No Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED, C-5, Resolution No. 98-70 -- Transferring $16,618 in the Airport Land System Special Revenue Fund for a Full -Time Department Assistant II Position. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-70 and Councilman Bookey SECONDED the motion. There were no public comments. Bookey noted, a full-time and fully -funded position is being requested for the airport. The work that person will be doing is now being done by Administrative Assistant Howard whose wages are also paid by the Airport Fund. Bookey asked if the hiring of this position will affect the General Fund. Ross explained, he anticipated the terminal files will be moved to the Airport office. The new position will eventually maintain the DBE files as well. Administrative Assistant Howard maintains and will continue to maintain the lands administration duties and files which will continue to be her primary function. VOTE: There were no objections. SO ORDERED, C-6. Resolution No. 98-71 -- Accepting the Preservation Plan for the City of Kenai. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 98-71 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 8 There were no objections. SO ORDERED. C-7, Resolution No. 98-72 -- Transferring $6,980 in the Animal Shelter Capital Project Fund. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 98-72 and Councilman Measles SECONDED the motion. There were no public comments. Moore stated he was concerned it seemed the remainder of the work on the building was being pieced together, i.e. first the slab, etc. Ross explained, there were two items needing to be done on the inside of the building; the sound -absorbing panels and security system which do not have anything to do with the drop-off kennel. Ross continued, the flashing and fence panels for the drop-off kennel were items the city was to provide as part of the reduction in contract. The kennel for the cats is a separate item as were the dog kennels being placed. Moore asked if this would be an ongoing process because evolving public needs or feelings of employees. He also asked if there was an end product in mind. Ross answered, the paneling was something the city had already provided (above the concrete block area). Public Works Manager Kornelis explained the paneling listed in the information included in the packet was the fencing in front of the concrete. That item will be purchased from a fencing company and was not part of the original drop- off shelter. The fencing company will place the gates on the concrete inside the drop- off kennel. He added, it was bid that way so there would be no mark-up from a contractor. The items were purchased directly from the fencing company and these items will finish the project. Moore asked if there would be lights placed. Kornelis explained, the city would be placing the lights. VOTE: There were no objections. SO ORDERED, C-8. Resolution No. 98-73 -- Supporting Two Capital Improvement Project Lists For 2000-2002 STIP Funding. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 98-73 and Councilman Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 9 There were no public comments. Williams suggested placing the Kenai River Flats project on the top of List 2. Bannock asked if the list can be modified. Kornelis explained the items on List 2 were submitted by the state. Kornelis noted, he submitted the resolution as support for the projects as the Kenai area planner (for the State) will be able to use the resolution to show the city is in support of the projects. Smalley noted, additional priority points may be received if the city passes a resolution of support or if community members write letters of support for projects. Measles asked if the reconstruction of Bridge Access Road was on the list. Kornelis answered yes, but he did not put it on this list because the project was already being done. Williams referred to the added Item H-10 which he explained was an intent letter for a wayside park at Birch Island. He added, he could not hand -carry a resolution in support of the project, so was asking for council to consider approving the letter of intent. A resolution of support will be brought forward at the October 21 council meeting. Williams continued, he met with Jim Stratton, Director of the Department of Parks 8� Outdoor Recreation. The consideration of a boardwalk at Birch Island has been discussed since 1987. The city and Chamber of Commerce participated in developing the boardwalk and viewing area nearby. Several years ago, it seemed the project would go forward until the state requested the city to give them approximately 1,800 acres in exchange for the boardwalk. The city did not feel a trade was possible. This project now rests at a Level 3 and has been entered on both the 1997 and 1998 project list. The problem with Level 3 is that the project may go forward in six years or not. Williams continued, he had reason to believe this project could be raised from Level 3 to Level 2. Stratton told him the most helpful thing to raise the project is to submit resolutions from the city and Chamber, letters of support from schools, etc. The deadline for submittal is October 12, 1998. Williams requested council to consider signing the letter of intent and noted a copy of the draft resolution was attached for review. Williams stated he wanted council to consider the granting of the city's ownership of Birch Island property for one dollar to the state, etc. Bannock stated he believed this would be a good thing to do and would be willing to have the resolution remain as it was written. However, he was not in support of the Kenai River Bridge Pathway Construction or the Kenai Spur Unity Trail Pedestrian/Bike Path. He added, he was not opposed to roads and believed the plan had some merit as well. However, based on the state's construction of bike paths, he stated he could not support them on the list. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 10 Measles stated he agreed with Bannock on the pathways. MOTION: Councilman Measles MOVED to amend the list and remove those two items and move the interpretive site improvements to the top of List 2 as Mayor Williams requested. Councilman Bannock SECONDED the motion. Bookey stated he didn't have a problem with moving the other projects up, but did object to removing the other two projects from the list. Moore agreed with Bookey, however he agreed with Bannock and Measles' reasoning for the dislike of the bike paths. He noted, though the paths may not be constructed well, they are well used within the city. Smalley agreed and added, the paths are well -used and he believed when roads are built with federal dollars, bike paths are included in the designs. Bannock stated he didn't believe bike paths were a bad idea, but the funds expended and receiving poor quality bike paths is a bad idea. Bannock referred to the cost of the bike paths compared to highway projects on the same list. Kornelis noted the Kenai River Bridge Pathway Construction was listed at $1,750,000 (estimated) and the Unity Trail was estimated at $2 million. Kornelis added, the Kenai Spur Road, Milepost 10 to 30 resurfacing was listed at $1.1 million and the Kenai River Bridge Access Road Rehabilitation was estimated at $150,000 (however, actual construction was estimated to be $1.6 million). Measles agreed it didn't make sense to spend the amount of money that has been spent to construct bike paths that crumble and fall apart within two years. Swarner noted she uses the bike paths and had a hard time supporting the cost of over $1 million for their development when they are poorly built and maintained. However, in order to really justify over $3 million, she would support the amendment to delete those projects from the list. Bannock asked if the amendment is passed and the amended resolution is passed, it would not mean those projects would be removed from the state's list. What is being said is that the city does not support those projects. However, this would not mean the state would not go forward and build the projects anyway. He added, that was why he wanted to have them removed. VOTE: Williams: No Moore: No Smalley: No MOTION FAILED, MOTION TO AMEND: Bookey: No Swarner: Yes Measles: Yes Bannock: Yes KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 11 Councilman Smalley MOVED to amend List 2 to move the Interpretive Site to the top of the list and Councilman Bookey SECONDED the motion. VOTE: Williams: Yes Moore: Yes Smalley: Yes MOTION PASSED. VOTE ON AMENDED MOTION: Bookey: Yes Swarner: Yes Measles: Yes Bannock: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: No Smalley: Yes MOTION PASSED, C-9. 1998/99 Liquor License Renewal -- WITHDRAWAL OF PROTEST Alaskalanes, Inc. MOTION: Councilman Moore MOVED to remove the protest of the liquor license renewal and Councilman Smalley SECONDED the motion. Attorney Graves reported the licensee had entered into a payment plans with the City and Borough and are current. He added, they should be able to complete payment to the City in approximately six or seven months. C-10. Transfer of Liquor License -- Little Ski-Mo Drive Inn, Ronald S. Yamamoto to Little Ski-Moes Burger & Brew, L&M Ventures, Inc. / Beverage Dispensary. Approved by consent agenda. C-11. Restaurant Designation Application -- Little Ski-Mo Drive Inn - Restaurant/Eating Place. Approved by consent agenda. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:15 p.m. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 12 ITEM D: COMMISSION/COMM __EE REPORTS D-1. Council on Aging -- No report. D-2. Airport Commission -- Measles reported the commission would next meet on October 8, 1998. D-3. Harbor Commission -- Bookey reported the next meeting was scheduled for Monday, October 12, 1998. D-4. Library Commission -- Moore reported the Commission met on October 6 at which time it was reported the library will be closed from November 19 through December 7 in order for the interior of the building to be painted and new carpet installed. Also reported was that Librarian DeForest won a trip for two to Hawaii and she donated it to the Friends of the Library. Moore continued, the Commission hopes to have a joint committee report on fund raising presentations. They are also interested in the development of a survey to send to citizens of Kenai and would like the city survey to include questions relating to the library. Moore reported the Commission was needing a new student representative and if anyone was knowing of someone who would be interested in the position, please contact the City Clerk. Moore also reported the Friends of the Library was holding a book sale during the weekend at the library. Also, there were raffle tickets available through the Friends. D-5. Parks & Recreation Commission Bannock reported the Commission met on October 1 and during their meeting discussed the potential site plan for the multi -purpose facility in proximity to the high school and the proposed Challenger facility. The Commission also requested copies of all agreements with the Oilers' Baseball organization having to do with the Oilers' Baseball Park. He added, there seemed to be some question as to where the city and Oilers' stood in regard to responsibilities, rights and privileges. D-6. Planning & Zoning Commission Smalley reported the minutes of the September 9 and 23 meetings were included in the packet. Smalley reviewed the actions taken at the meeting, noting a resolution recommending amendments to KMC 14.20.150 regarding Conditional Use Permits was passed as well as an amendment to a conditional use permit to include guiding for Lots 4 and 5, Angler Acres. Smalley also reported Commissioner Graveley submitted a memorandum highlighting inconsistencies and concerns he wanted to review in Title 14. Smalley KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 13 stated he would have a copy of the Graveley memorandum available for council in their next packet. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting was scheduled for October 13 at 5:30 p.m. D-7b. Historic District Board -- Moore noted the Board held a brief meeting following the joint work session with council on September 21. At that time, it was noted October 19 was their next regularly scheduled meeting and it is a city holiday. The Board requested their meeting be moved to October 26. Council had no objections. Mayor Williams reported Rolf Buzzell, from the state preservation office spoke with him in regard to signage to note that the first gold discovered in Alaska was discovered by a German gentleman in the 1700's at the mouth of the Kenai River. Buzzell had requested the signage be included at the Erik Hansen Park to recognize the discovery of the gold. Ross noted he had not been in contact with Mr. Buzzell, but it was his understanding Buzzell was looking at several sites to place signage and has been in contact with the Historic District Board. Williams suggested it would be an advantage for the city to claim that title. D-7c. Kenai Visitors 8a Convention Bureau Board -- No report. D-7d. Alaska Municipal League Report -- Smalley reported he was involved with a teleconferenced meeting to prepare for the AML Conference to be held in Fairbanks in November. Smalley noted the proposed schedule of events for the conference had been distributed to them prior to the meeting. Smalley noted they reviewed board members' responsibilities and discussed the New Elected Officials seminar to be held in November. Also discussed was the desire to increase the Board AML/JIA Board of Trustees to nine members (due to the increase of membership of the AML/JIA) Smalley also reviewed a difficulty AML has had with the PERS system over the last several years. The State is willing to negotiate with AML even though it was the State's error in regard to payments needing to be made. AML will be sending a letter to PERS with a copy of their discussion to the Governor. ITEM E: MINUTES E-1. Regular Meeting of September 16, 1998. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 14 ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS G-1. Residence Requirement -- Vintage Pointe Manor MOTION: Councilwoman Swarner MOVED to amend Section 4, Item C to read, "The applicant and any other occupant other than a caregiver authorized pursuant to this agreement must have resided in Alaska for six months prior to the date the application for an apartment is submitted." Councilman Measles SECONDED the motion. Senior Director Porter stated she felt the amendment was justified. The Council on Aging had agreed with the one -month residency requirement. However, after council stated their concern with the 30-day residency requirement during their last meeting, she discussed the matter with Ross and Attorney Graves. They agreed a six-month residency requirement might be more appropriate. She added, the Council on Aging would like the six-month requirement better. VOTE: There were no objections. SO ORDERED, G-20 Professional Services Contract -- James Carter MOTION: Councilman Measles MOVED to approve the professional services contract as submitted to Mr. James Carter. Councilman Bannock SECONDED the motion. Williams noted he was quoted in the newspaper as saying those who were concerned about the issue were probably a couple of years ahead of schedule relating to their concerns. He added, the crown jewel of the city is the airport which it received from the federal government. Without the airport, the city would not be the city it is today. Williams continued, for a long time it has been recognized the airport lays dead center in the city, between the residential and business sections of town. Neither of these areas can expand inward because of the airport. Over the last ten years the city has paid over $.5 million for studies (Airport Master Plan) in regard to the airport. The Master Plan once called for expanding the runway to 10,000 feet and KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 15 now calls for expanding to 8,000 feet. Williams noted, the Master Plan cost the city $.25 million and had a lot of support and received a lot of input from the public (through public hearings, etc.) Also, history shows the city has been sued over the issue of the airport (noise concerns) . They did not prevail. Also, the jet traffic has been reduced in the last 25 years. Over the years, a lot has been done to mitigate noise problems. Williams added, one subdivision was not developed due to public concerns regarding the airport. This can create a financial disadvantage to the city. Williams continued, there have been discussions before council and the Airport Commission about buying more land to buffer the residential areas. In taking those suggestions into consideration and still wanting to move ahead in development and the 21 St century, and how to support the quality of life once oil dries up, other means of commerce need to investigated. Williams added, this is only one of those items needing investigation. Williams continued, in putting together the idea of a baseline study, the city is trying to determine whether there is market and would the airport be better off, twenty years from now, being moved to a different location several miles out of town. Williams added, a long-range cargo -hauling airport, would have to have an area about three miles long to accommodate its runway and safety zone and probably one mile wide. He noted, the council meeting minutes of June 3 stated there is no land mass within the city to accommodate an airport, based on a 10,500 strip, about three miles of land would be needed. Unless these ideas are investigated now and the city moves toward some direction, ten years from now there may be concerns voiced by the public that the investigation should have been done ten years ago or not. Without the study, the basic answers will not be gathered to allow moving ahead. Williams continued, almost every major project that has brought benefit to the city started with a baseline study (congregate housing, Public Health Nurse facility, ARFF) . The study would work toward a program that may be ten to twenty years away. Williams added, this is not a move to start an airport in the near future and definitely not a move to build an airport on top of the present airport. Smalley asked Williams to speak to discussions from the Economic Development Forum held two years ago. Williams reported the city held a quorum about two years ago. Approximately 100 people attended to study the whole economic outlook for the city and its future. Williams added, two items were the main concerns -- continued development of the airport, commerce and business around the airport and development of retail sector within the city. Williams noted, a comment made to him recently was that there was far less retail business in the city than there was 25 years ago when there was jet service to the city. Williams added, if the city did not have the airport, would cause the city not to be more than what it was 40 years ago. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 16 Verbatim Begins: Bob Molloy -- Stated he had been asked to read a letter into the record from Betty Glick, a former councilwoman and former president of the Kenai Peninsula Borough Assembly. Molloy read, From Betty J. Glick, Kenai, Alaska re contract -- Jim Carter. For 22 years as an appointed or elected official, I have promoted projects for this city at the local, state and when necessary, the national levels. Also, during that time, I have always advocated that we follow the process and/or procedures. I fully support long-term planning. To award this auestionable (underlined twice) contract tonight would e to ignore an established process, that is, there have not been any public hearings/forums to gather needed information for or against this project. My understand is that the contractor will promote the project. But, I am not aware the council has taken a definite vote on the project. I respectfully submit a process for the council's consideration: 1. Refer this issue to the Airport Commission. They can hold public hearings, develop a survey/ study procedure or write a letter to prospective users for their input. This would be one of their long-term goals. 2. Upon compilation of the information, call a meeting of the congressional delegation, state legislative delegation, local elected officials and the PUBLIC to disseminate the information. Everyone gets the same information at the same time. 3. If the council decides to move ahead on the project, each council member should do his/her part by lobbying everyone who can help. I respectfully request the council to not approve this contract or at the very least postpone action on it. As an afterthought, if items 1, 2, and 3 are followed, it won't cost the city $100,000 but will accomplish the same objective. Thank you for your time. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 17 Molloy requested the letter be entered as part of the record. Marshall: My name's Dick Marshall. My address is 37186 Cannery Road. Admittedly, that is not in the, not in the city of Kenai, it's outside it, but would be just as heavily impacted there as anybody in the city. Mayor Williams, you described a proposed contract as a baseline study. I disagree with that. The scope of services emphasize the seeking support of the project. Not the kind of baseline information that is typical of the baseline study. With respect to your statement that negative discussion on the airport is two or three years in, before, two or three years premature, I disagree with that again. I think negative discussion should be part of the process from the very get -go. I can think of perhaps no other type of activity that has the potential for adversely impacting so many people as the comings and goings of cargo jets. Noise, you mentioned, is the most obvious impact, but degradation of air quality can have some very serious, long-term implications and should be part of a baseline study. The visual impact. Everybody up here is, we have awesome view the mountains across the Inlet. Those views would never, never again be the same if we had those jets coming and going in the foreground of those views. A proper baseline study would address issues like this. I might note that in my opinion, moving the airport several miles, you used that term several miles to the north, would not automatically mitigate these impacts. That's just a matter of a few seconds in the comings and goings of cargo jets. I would like to conclude my comments by urging the council as it seeks ways to diversify Kenai's economy that you keep in mind, you mentioned, Mayor Williams, quality of life. That's why we live here. Because of the quality of life that we find here in Kenai and it's a special place. I ask that you please keep it that way. North: My name is Phil North and I live at 3810 Wild Rose Avenue and I suspect a lot of the comments are going to, are going to be the same and so ... I understand the need for economic growth and I support it and I actually applaud the city for the, for the workshop that you did on bringing people in to talk about economic growth within the city. That kind of forum is the kind of forum perhaps that this discussion should be happening in. But, I think that there's a, that there's a problem when that kind of economic growth again detracts from quality of life. I'm not a long-time resident of Kenai. I've lived here since this past January and I moved down from Anchorage in January. In Anchorage I lived in South Anchorage for about six years and then in Turnagain for two years. And in Turnagain I was woken up just about every night, about two or three in the morning from the cargo jets taking off. When I sold my house there, I guess over two years, I got kind of used to being woken up. When I sold my house KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 18 there, the people who bought it came back to me a couple months later and said, "you didn't tell us about the noise from the airport." Turnagain in Anchorage is famous for being disturbed by the cargo jets taking off from the airport. I also lived about seven miles away from the airport in South Anchorage and it was less frequent that I was woken up there, but the same problem existed there because as the previous commenter said, several miles is a few seconds to a bid jet like that and they are very noisy. You know, people have been asking me, since I just moved down, people have been asking me, how is it to live in Kenai. They all wondered why I was coming here. I guess some people in Anchorage think that Anchorage would be a better place to live and I just have to tell them that this is a great place to live. I really thoroughly enjoy living here. It's, and mainly because it's a small, quiet town. Not so small, that there's nothing here. We do have an existing airport and that creates a lot of activity and it is a center of commerce, for this part of the Peninsula, but it's also a quiet town and I really would like it to stay that way and cargo jets, even if they're north of the city aways will take away, what that will do is it will bring one of the negative aspects of Anchorage, which is the noise, and it will bring it to Kenai and I don't think that's a good thing for Kenai. Again, I have to disagree with your quote of you Mr. Mayor in the Clarion, and that now is the time for people to get involved. So, and then, I don't like just to be a naysayer and not suggest an alternative and so, what I guess what I'd like to suggest is in place of this contract, to hire a good facilitator and have a workshop or a series of workshops on this topic and make it perhaps more specific, more specific workshops on the elements of the economic plan on what direction they should go. The economic plan talked about continuing to develop the airport. Well, you've taken that subject up and this is your proposal, but I think maybe you should get more specific input from citizens and see if this particular proposal really is one that, that people would like. And, and, I'm not talking about a hearing -type forum. I'm a federal employee and I'm convinced that, that hearings a waste of time both for the people who are holding the hearing and the people who are attending the hearing. What we really need is a good discussion where people can exchange ideas and discuss ideas and truly develop them. Williams: Are there any questions from council as we move through this? All right. Thank you very much. Yes, please come forward. State your name for the record. Wagoner: My name is Tom Wagoner. I live at 4040 Primrose in Kenai. I am a resident in the city of Kenai and glad it's you folks up there and not me. I went through some of similar hearings when I was mayor and also served on the council several years ago and one thing we had looked at several times was airport expansion. I, you know, it's really funny. I come with some of these people, they're friends of mine, we're on the same side of an issue one time and the next time we're on the other side of the issue. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 19 But, I have happen to be a person who does have a commercial building and as a matter of fact, there's nobody in this room who has a building closer to the end of the airport than mine. And, yeah, there's some noise and there's some discomfort. I have a 2400 square foot, three -bedroom apartment at the top of my commercial building, but it's not that uncomfortable. Folks, you're looking a somebody who spent the second, third and fourth night of their honeymoon in a house that was located at the southern approach of SeaTac Airport. If you want to have a horrible and horrifying experience, wake up some night unexpectedly and look out and see a jet coming in your bedroom window. It's, it's, it's a plight, this was 35 years ago, and I got to tell you, I worked at Boeing Company, I worked on a 707 project and the first thing people talk about is noise pollution. Well, there's a lot less noise pollution with jets now than there used to be. And there are ways to work around some of those problems. There's always going to be problems with an airport. But this airport, you know, Mayor Williams said it earlier in one manner of speaking, but this airport probably is the most important asset the City of Kenai has to offer both the Peninsula and the taxpayers of the City of Kenai. And without some of the income generated by that airport, a lot of us couldn't live in this city and afford to live here and live in the manner we live in. And so, I, I'm in favor of this study. I'd like to endorse it. This study may say there's no sense in going any further. You know, and that's one of the outcomes you may, you may have in a year, year and one-half, two years and that's something you may have to face. But I will tell you this. I travel outside a lot and it's amazing to go to some of the airports I go through and see what people in towns three and four times the size of Kenai have and look and see what we've got. Yeah, we've got a nice airport and because of the location we're at and the transportation we could be, maybe we need, maybe we'll have a nice one. Maybe it'll be out north. Maybe it's going to be similar to the one that was designed, oh 1970 and 71 I believe it was with a double runway running out over Wildwood where the traffic would be away from the housing. So, you know, those are the things we've got to look at and we've got to see. We've got to see if it's feasible. We've got to see if the support's there from the federal government. So, I, I endorse the study. Thank you. Williams: Questions of Mr. Mayor? All right. I have to make a comment with regard to what was said of the federal government. Recently, the federal administration, Vice President Gore was on television and he was decrying the, the condition of the airports of America today and he was putting them somewhat in context with our highway system right after the second World War. You recall that when Eisenhower became president he laid into operation the construction of the National Highway System across America which really improved transportation and thus commerce all over the United States. Congress is looking and the administration is looking at the same situation that now exists with our airways. They're failing us. The airports are old and decrepit. The systems are run down. They're having continuous problems that they're trying to KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 20 redevelop. Congress anticipates spending $200 Billion in order to improve the airways and make them safer and build new airports over the next several years. So, air traffic and technology and all of that is with us and again, looking toward the future, if we want to move ahead with the rest of society and the rest of the world, part of that $200 Billion has to be spent here in Kenai in my opinion. But, anyway, more comments, please. Schrag: Mark Schrag. 312 Princess. I can support. I support a baseline study also, but I guess my concern is that it needs to be based in reality because if it's, if it isn't based in reality somehow, you start the road towards a white elephant, which I know nobody wants here. I guess it concerns me that if you have the person that brings the vision to you, you don't give them the responsibility of finding out whether it's feasible or not. So that's my greatest concern. If we find out that it's realistic in that it's feasible, then I think Mr. Carter is probably a good person to go ahead and give a contract to for promoting it which the contract that I read here, if this is the same one you're going to do, it does seem like it's mostly promotion. I don't see where it deals with a lot of the feasibility things. So, so that's what concerns me. I say, do the baseline study, but I think it should be a more neutral party that, at this point, that starts, that starts this process. Because if it's not, if it's not based in reality, you know, we're going to be in trouble. Thank you. Williams: The city manager has indicated a comment. Ross: To address that concern, on the scope of work, discussions that have occurred in the past with council was the, the aspect that administration's approach would be a phasing approach. If you've looked at the contract, it requires 90- preplans in advance of the 90-day work. It requires plans to come in after council to approve the next step. Back in June when this was discussed, we discussed phasing with council and possibly the scope of work doesn't lay this out as cleanly as it should, but initially there would be a market survey of the air, aviation industry, where they're headed, where they are headed in aviation in Alaska the next 20, 30 years. Are there opportunities for Kenai participate and at what level. These would be coming back to council. I would encourage all of the public to be at those meetings when it's on the agenda to, to listen to that aspect. The lobbying aspect, and this again may not be too clear, but this study is just a very preliminary. Beyond the initial are there opportunities, now you have to identify where is the land mass that would support it, what are the environmental concerns in that land mass, both the noise enveloping and so forth. To do that takes quite a bit of money. There's where the lobbying comes in. At that point, we would be looking to lobby the federal government to come up with the money necessary to actually do the planning of an airport. This is somewhat down the road. After that point, we've left Mr. Carter's expertise. Now, if it goes further and the public in this community says they want it, it looks feasible, now we're going to have to look to airport planners, engineers to actually say in reality, is it feasible in the KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 21 locations that are acceptable. And ah, I see this as a fairly long-term project with some stop points. After the first ninety days or after the first 180 days, council may look at the product that's come back in as far as where the aircraft industry and aviation industry in Alaska is headed and say there's not enough here for us to pursue. The public at that point may say we're not interested and council may determine not pursue it. Schrag: So is that laid out more specifically? Ross: In the scope of work, it's not laid out specifically. In the administration portion of the contract. In the scope of work, I grant you, it's confusing because it talks about lobbying. It talks about information gathering and it's a matter of how it's phased. If you look within the administration of the contract, the contractor would be meeting with the airport manager receiving the guidance and direction from the airport manager that council has put down through the city manager and if council supports that phasing that we discussed back in June, that is what is going to occur first. Mr. Carter will be working toward doing surveys of the aviation industry, the major carriers, meeting with as high a level of management as possible to try to find out what their plans are aviation in Alaska and if there's opportunities for the City of Kenai to participate. Those reports will be coming back to council. They will be public reports and you know, there will be council meeting addressing them. Schrag: I guess. I still just see, you know, it says render advice, representation and assistance, provide consultation, seek support, seek support, seek support, promote, seek their assistance. So, I guess, you know, I guess I would just need to see a better, I hope that the public could see a better administrative.... Ross: If you look at the very, excuse me, if you look at the very title of the report it's initially called an "user interest survey" and that's probably where the first part of this project is going if council buys into the phasing that we proposed is what are the carriers out there available, what are the potential users of this airport and that would be coming back in the early stages, probably within the first 90 or 180 days. The public would, I encourage you to become involved in, in that process as council looks at those reports as they come back. Schrag: I see that addressed in number nine, but I guess I see all the others that are a little bit different so, okay, you know my concerns. Williams: If you take a look at page 2 of the contract itself, paragraph 4, paragraph 4 outlines the 90-day periods in which the consultant shall commence work within 30 days following approval and every 90 days shall provide a project status report to the airport manager and at that time the consultant will submit his proposed goals as well as the budget for the next 90 days to accomplish those goals and he'll, he shall not proceed from one 90-day phase to another until he's received written -) direction to do so. And that's all part of the administrative portion of the contract. KENAI CITY COUNCIL MEETING MINUTES OCTOBER i, 1998 PAGE 22 Schrag: Okay. I hope you guys keep a mind to the thing, you, you have the man with the vision doing this and keep that in mind because you know, you know, I hope it works. We need some diversification. Williams: Thank you. Further comment? Lambourn: Yes, my name is Rebecca Lambourn and I live on Toyon Way in Kenai. I decided that I should go at this point because I'm the one that's been bringing up, quite frequently lately, that this looks like a lobbying effort to me, not a survey. I'd like to pick up on something that the city manager just said. I see the point at which this departs from a survey and becomes a lobbying effort and that point is which it goes from a study to promoting something to our legislative representatives at the borough, the state, and the federal level. I think it's premature for us to be promoting any kind of a plan before we know what that plan is to those legislative bodies. Ah, I would like to propose that, as a follow-up to the city manager's suggestion or his outline for where this is intended to go, that Item 6 through 11 in that scope of services be eliminated from Mr. Carter's contract and that's something else be substituted there and that would be a true survey on the impact upon our community of an airport. I don't think it's in Mr. Carter's abilities to do an impartial study on things like the effect of noise, air pollution, economic benefits to our community or the disadvantages. Would we have urban flight? Would people move out of the City of Kenai because of the jet noise? Should we all be buying property in KasiloP. Tape change... organizations that do this type of studies. I could recommend some within Anchorage that are consulting firms. These would be social science researchers with experience in community impact studies and as I said before, there are consulting firms in Anchorage that would do that and with the money saved out of that $100,000 that doesn't have to be spent on lobbying, that money could go towards that kind of a study and it would present a more balanced view of what might be happening to the City of Kenai. I think this is very much putting the cart before the horse to think in terms of promoting something at this point before we know what we're talking about. I'm very concerned because I've lived here ten years and I plan to stay here at least until all of my children are through school but I don't what them waking up at night to the sound of airport jet noise and if they do, I will be leaving and I don't know how many others like me would do the same and what will that do to the small businesses in Kenai. Will we be a single -source industry and air cargo jets? Something that hasn't been brought up very specifically is that air cargo jet traffic tends to take place mostly at night because they tend to travel on off-peak times. They also take off at full throttle. They're very heavily loaded and as was pointed out earlier tonight, I concur with earlier opinions, that a few miles to the north will not be enough to alleviate those problems. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 23 I'd also like to say that I've been receiving several phone calls the last few days from concerned citizens that can't come tonight or are uncomfortable with this sort of a forum or perhaps because of their business or their livelihood they're afraid to speak out. They're concerned about the amount of money being spent on a study like this. One in particular who called me works in the oil and gas industry and he told me, and he's fairly high up in that business, and he told me he makes no where near $100,000 and when they contract work out they don't pay $100,000 a year. I've also had several phone calls from people who are very concerned about the public process on this issue that most people in the City of Kenai don't know what sort of plan is being proposed. All we have been able to glean is from a few newspaper interviews, one with the mayor of Kenai by the Daily News by Jon Little in which Mayor Williams stated if this goes through, we would become the Tesoro station of the world. That doesn't spell out a plan and that's a very scary thought. So, as I said, I would ask the city council if, if you are determined that this study has to take place in the first place, I prefer the solution that Betty Glick has put forward. To put it back in the Airport Commission. Do a lot of public hearings. Do a balanced study. But, if you are determined to vote this contract for Mr. Carter to do the study, please also consider the other kind of study I proposed which would study community impact at the same time. Thank you. Williams: Thank you very much. Just by way of comment because of our time zone and the change from the east to the west, the heaviest traffic time in Anchorage is between 10:00 a.m. in the morning and 2:00 p.m. in the afternoon. It's then when you can go there and see international carriers from all over the world pulling in there and taking off in the other direction. Please come forward. State your name for the record. Rozak: My name is Ron Rozak and I live at 36635 Chinulna Drive, that is south of the city limits. I'm a city engineer by profession and specifically a construction management for most of my career. In many of the projects I've worked on, I was involved in the early stages where we did feasibility studies. Part of the, I think, the problem created in this particular project or contract is maybe, a lot of us don't understand, baseline, for example. If I were to be part of a city council such as this and we had already gone through preliminary studies, reviewed the pros and cons of the $400,000 worth of reports that have already been prepared and held, held meetings or hearings where the public knew what the contents of our $400,000 worth of studies actually was and what the recommendations were and then proceed, you know, pro and con on that and come to a point where we'd say, look 10, 20 years down the road, the best thing for this city is to have a 10,500 foot runway, cater to jumbo jets, cargo jets, and put it somewhere north of town and have some idea where that was, I think Mayor Williams and this council and my neighbor, Mr. Carter, over here, would be some of the best people to put on that task. You've had a tremendous amount of success in KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 24 bringing business to this community and I know Jim has a great deal of experience in aviation matters and a lot of contacts. My concern, and at this point, I would oppose proceeding with Mr. Carter's contract right, not because it's Mr. Carter, he has the expertise to do what is in the latter part of that proposed agreement, but I don't, I guess I don't feel the feasibility or the gist of everything that's been gone, that's gone on before has been disseminated to the public. Maybe the council's aware of that, but there's been a lack of, maybe communication, perhaps some of use who live outside the city and don't attend the meetings and hear what took place a couple of years ago, but to me, if the city has a mission statement on where we're going from here and Mr. Carter's contract fits within the guidelines of that mission statement or call it, scope of work in my business, at some point baseline maybe refers to where are we today and then if we go this route where will we be, and if we go this route, we'll be somewhere else and how does that compare with the status quo or baseline or whatever, or however we define that. So, what I see is more of a feasibility on the lobbying or gaining or finding out if there's money available or will the state help us or the federal government help us. And what I'm afraid of is what I've seen in the past on several projects I've been involved in, when funds become tangible or available, they're on the horizon, then there gets to be a commitment that the city has to follow up and we've already asked maybe congressional people for assistance, they start giving us some support, assign some people, now there's a possibility of money, we need to act on it. It may be too late to get public input then or the public input isn't heard. I mean, we're so far along this path of progress that the comments of people are going to be shouted down. And so, I think, I agree with some of the previous speakers that now is the time to drop back, do the public input. There are a lot of resources I'm sure within the city and others, and Mr. Carter would have access to some also, that it may slow down the process around here, but put some of that information out. Have those meetings so that when you go to talk to the state, or the congressional delegation, you're speaking as representatives of the area... "we support the concept." Right now, I think it would be an embarrassment to get too far along, getting federal monies, they assume that everyone in the area or the majority of the people do support it, and many of us might not like that or not support the concept and have to oppose it. So, I, I guess I see things a little more specific. There is information in those reports that needs to be summarized more briefly I'm sure than what those reports probably do it and that takes some time and it's boring to read and sometimes it isn't real clear of what it's saying. And sometimes you may not even agree with what you want to do now. But that's okay. Times have changed. The report might be two years old, but the contents might be five years old and you know, the city's moving on. So, I would like to see that and I support what Betty Glick is saying. I found her to be an extremely thoughtful lady in the many years I appeared before her on projects I represented for the Borough. So, I applaud the city's interest in proceeding. I would like to drop back and educate everybody. Get the input. Then move ahead and it might be a year or two before we get to the point where we are now in commissioning a contract with someone like Jim Carter. And I hope he's still around and interested because I think he would be key to the success. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 25 Williams: Thank you. Any questions? Any time council may have a question for you. None? Thank you. Sonberg: My name is Debbie Sonberg. I live at 410 Cinderella. I'm sure you guys have that memorized too. And JoAnn Buzzell and I wrote this letter together and would like it to be recognized as our two voices and not just mine and just before I read it, I want you to look down your agenda and count all the items we didn't grip about. Okay? There's a lot of them there and there's a lot of good things and there are some there that I really do known nothing about that I wouldn't have said anything. I almost got up on a couple of them because I think a new center for the Public Health Center is, is great. I was at the Monday clinic when giving all the measles shots and different things, helping out. And there's just no room here. So that's a great project and I'm glad that's going forward. But, back to this topic... Once again we're not as concerned with the specific issues at hand or the decision you will make on them as we are about the process leading to the decision. Clear information seems to come out after the fact rather than before the important public input stage. In this past year many residents have lost confidence in this process by losing zoning protection through the council's changes in the Land Use Table allowing nearly all commercial uses to apply for a conditional use permits. We believe that the majority of the citizens in Kenai did not understand that land use table, that the land use table item in the public announcement meant that the zoning codes were being changed. And many are still not aware of these changes or their significance. We believe the same communication problem applies to the airport issue now before us. On the current airport issue, Mayor Williams was quoted in the October 6 Clarion as saying everyone is jumping the gun on this. We have found to our sorrow that if we don't keep on top of issues the first time, the first mention of them, it is often too late to do anything about it later on. With this airport issue we want to be assure that the citizens' interests, quality of life and rights are going to be surveyed and protected. If this study or survey includes the local citizens' interest and protection issues as part of the feasibility of this idea, we have not been able to find it in the present wording. It all seems to be industry oriented. Those of us who are here about citizens' interests are concerned that the public is not being informed through official notices. If the Clarion on their own or prompted by concerned citizens does not print an article, the public has no idea of what is really going on or what is really happening. Today's meeting announcement regarding the airport issue only says "professional services contract, Jim Carter." How many people reading this announcement who have not attended recent meetings would be aware of that entailed? That is not informing the public. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 26 Even the Clarion's article yesterday only gives the public a one -day notice on this issue. The council tends to depend on the Clarion's reporters to publicize issues. However, reports, reporters generally report on what has happened and that's too late for most people to have a part. Bottom line, we want clearer, up front communication on issues. We want to know we are included in the process and in the survey. Many people don't come because they are uninformed, but because they are unconcerned or apathetic. It wouldn't take that much more for you to include an explanation on non -routine issues and to offer article or press release information to the Clarion before meetings are scheduled and decisions are made. This about the fifth council meeting, I believe, that you've had regarding the airport issue and you're just now drawing a crowd. We can't be at meetings when we don't understand the meeting announcements and just as Mr. Rozak was saying, if you pursue more public input before going on with the contract, you won't get the public input if you don't have public information going out and quite often if there's not an article, a three or four -word line on the agenda doesn't let the public know the significance of the issue. So, I would just like to see communication firmed up a little bit. Williams: Thank you very much. There is a question from one of the council members. Councilwoman Swarner. Swarner: It's not a questions, it's a comment. I'd like to ask the Clerk how many packets are prepared for the media? Freas: One. Swarner: Is that just for the Clarion? Freas: That's the only one that's asked for one. Swarner: Okay. So there are packets available for the media and they have them before the meeting. They're able to come and pick them up on Friday just as we are and they can choose whether to print the information or not. Sonberg: You mean everything you have in front of you is available to them? Swarner: Yes. Freas: That's correct. They get a packet just with everything in it that the council has. Sonberg: Can you tell me when this meeting was advertised? Freas: On Monday. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 27 Sonberg: Okay. Just Monday? Usually it's twice and I was looking for it and couldn't find it other than Monday. Freas: No, sometimes they might put it in, I think it's called "Around the Peninsula" or something like that, but that's a public announcement type of thing and we don't pay for that one and we do pay for the other one on Mondays. Sonberg: I was just curious if I missed one. Wilcox: I'm Curt Wilcox. I live on Beaver Loop Road and I'm here because I'm very concerned about our future and the quality of life. I agree with Mr. Rozak and the woman before me and Mrs. Glick. They all have great points that should be taken. There's no doubt that the quality of life will be affected by cargo jets in our neighborhood and it sounds to me like our quality of life here in Kenai is for sale and that's sort of a layman's look at it, but there's a lot of us out here that probably feel that way and I'm opposed. I think this is a premature proposal. You need to talk to the people of the community and protect our quality of life which I think is one of the duties of the council. Thank you. Schmidt: My name is Kristine Schmidt and I'm a sixteen -year resident of the City of Kenai. I'm opposed to this contract for the following reasons: first of all, lack of public notice. This contract is billed by the city as a user survey or a baseline study 1 and instead it appears to be a lobbying contract which that the council presupposes has already approved this project, expansion of the Kenai airport, particularly as a heavy jet cargo airport without the benefit of public comment or consensus. Secondly, sole -source contracts are not in the public interest and are not the usual procedure for the City of Kenai as pointed out by the administration. This is a large dollar -value contract and should be put out to bid or use the RFP process. This is not a comment on the qualification of the proposed contractor who may well be the best qualified bidder, but rather, a request that the city follow the usual process as there is no compelling reason to do otherwise. Mrs. Glick also has a good point. Why can't the Airport Commission, this be an Airport Commission project to begin with and when contractors are necessary for expertise, they can come along later. I am also opposed to this project as stated as it will negatively impact the quality of life for city residents. These cargo planes are the noisiest planes made at this time and no matter where the city locates this runway, and there's no guarantee that the airport will be moved, these planes will destroy the peace and quiet of Kenai neighborhoods. Two things to bring to you attention: in 1991 the city did a public opinion survey of selected Kenai residents and one comment was "to keep in mind that Kenai is not a metropolis, not even close to Anchorage. Keep the small-town perspective. Don't go overboard on spending building white elephants and trying to be something we're not. Be what we are and live within our means, a small town." KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 28 I believe that the majority of people in this community are like me and the writer of this comment, here because it's a small town. This project would destroy the small town atmosphere. Second, the conventional wisdom is that by making a community a good place to live, that people in businesses will want to locate there, not the other way around -- build it and they will come projects. I have an article from recent Fresno B as I was visiting my hometown area and where city officials talk about how a city's appearance can attract more visitors and new businesses. What message is the City of Kenai sending with this project? To drive people away? Please rethink this project and table it until after you do a real study of the impact of the project on this community. Thank you. Williams: Thank you. Any questions? Someone else like to make a comment? Lipka: My name is Jill Lipka and I live a 1606 Salmo Circle in Kenai. I'm new to the area having recently moved here from the lower 48 and in my lifetime, I've often heard the words, "if you don't like it, go someplace else." I want you to know, Kenai is my "someplace else." Kenai offers a specific quality of life that is very attractive to my husband and I. Together with our two sons, we frequently take walks on the beach and ride our bikes along the forest trails. We enjoy the natural beauty and quite here. Jets are not a part of that natural beauty. Question regarding the study: Why are we allocating funds, trying to gain support, for something we are not sure will be in the best interest of the community? Or even something that the community wants for that matter? There are people in Kenai who have no point of reference in trying to understand how loud jumbo jets are. The sound will not just hover over Kenai. It will send noise pollution all around the area. People in Soldotna who are thinking, "more Kenai, glad it's not me" should think again. They'll hear it too. If I took a recording of a jumbo jet and played it at true -life volume for say one minute, twice an hour, would my neighbors complain? It seems to me you're trading our quiet, quality of life for money. I ask you, is it worth the price? Williams: Thank you. Crawford: I'm Sammy Crawford. I live at 36615 Chinulna Drive in Kenai. Mayor Williams, members of the City of Kenai Council and City of Kenai representatives. Thank you for allowing us to speak. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 29 I'm hear to tell you I have many concerns about this project. I've lived here 30 years. I'm not a newcomer. I was married here. I raised my family here. I intend to retire and stay here. Kenai is my home. I'm not leaving. But I'm very concerned about this quality of life will mean. I am so proud of Kenai for coming up with so many great ideas to improve its economic development. The fire fighting training facility, the FAA center, the Kenai Visitors & Convention Center, the Senior Citizen Center, the Challenger. Even our library is open on Sundays now. We have some wonderful things in this city but I am very concerned about this proposed expansion or the idea of expanding and having cargo planes come into Kenai. I live right outside the City of Kenai and if you could guarantee me that the airplanes would just fly in the City of Kenai, I wouldn't be, concerned or be here. But, unfortunately, that's not the way they work. I was here 30 years too Mayor Williams, when Wien Airlines had the jet service here and it cost $7.00 one way to go to Anchorage and those days are long gone. But, anyway, thank you for listening to our concerns and I appreciate it. Williams: Thank you. Further comments. Schaan: I'm Herb Schaan and I live on Toyon Way in Kenai. Kenai resident. I attended a previous council meeting here and was able, through the kindness of one of the councilman, to get a copy of the scope of duties and I was very shocked to read that this is really a lobbying mandate at its heart. Based on a decision that apparently had been made or assumed and very clearly things were much putting the cart before the horse to repeat someone else here. We weren't completely surprised because the Anchorage paper has printed Mayor Williams' comments about making this the Tesoro station of the world again and as far as I know, the friends that I have at Tesoro are can say, I can say truly, Tesoro is a company that wants to be people -friendly in the area that it does business and I think that having these cargo jets with all of the adverse effects is definitely not people friendly and I'm not sure Tesoro would have it at its best interest to be linked with such a contentious kind of something and as falling of the nest potential that it would have for our area. What is omitted has been stated again as public input and couple council members have been very forthcoming in giving me their private time to, to discuss some issues, but I just want to say that this is not too early again, and I have to strongly disagree with Honorable Mayor, that we are maybe two years behind the time and not ahead of the time to say something about this because once a few people start an avalanche, it's very, very unlikely the people down below, no matter how united, no matter how good the arguments are, can stand, withstand such an avalanche and oncoming. And I can tell you now that the noise that goes over town, the C-130s KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 30 and during the month of August, they've been excessive, and just the C-130s less than jets have been coming over town and the city pleads helplessness because they don't control the air space. They only control the ground. The FAA, who knows about it, continually approves people coming over our house tops again, helicopters, C-130s and others, and filled with pilots probably sensitive people who have families, doing very insensitive things over our homes. And I think to have that noise upgraded to the jet level, even though Mr. Tom Wagoner is saying that the jets now can be toned back to a point where married newly wed couple can have their evening at the end of the airstrip, I don't believe it and I think a lot of the rebuttal that you are saying does not speak to the issue. So what if it's ten years from now. Cancer today is just as bad as cancer ten years from now and I think a lot of the rebuttal about, you know, we'll find out, or this is baseline, is there no baseline information in the quarter million book that you have lying on your, quarter million dollar book that you have lying on your desk. Process has been spoken to already and all of you do have your hearts in the right place and want to do the right thing so that the quality of life can be can be better for everyone, but there's certain things that we should not put up for sale. And, I'd like to just address initial individual couple council members here in their public statements in newspaper and other places. Mr. Smalley says, "if I'm elected I will promote town meetings." And if Mr. Smalley has this on his heart, I would like to ask him now would you promote town meetings over an issue like this and that. Smalley: You bet and I think we did -- June, July, August, September and October. Schaan: Okay, and I would like to say that most of the citizenry knows very little about the implication of what's going on and perhaps that, that process needs to go on and I think that Mr. Moore should be complimented. In the newspaper tackling the issue of the erosion of the bluffs. Very difficult fighting nature on such a scale and I would like to ask the council's support along with Mr. Moore that we tackle the erosion that goes on above the bluffs as well and the potential erosion that could, could come across in this. And I would like to compliment Councilwoman Swarner on her work on the Beautification Committee and I would like to ask her and the rest of the council to go beyond the flowers and the neatness in the town and bring it to a true sense of wellbeing day and night, air and ground. And I would like to compliment the Mayor who has a reputation of about being fiscally responsible that we seek ways of raising revenue that don't foul the nest, that don't potentially drive people away and that it is a group process that, that works for that. Soldotna has a plan for having small industry, but has a group process for the citizens to get people -friendly kind of things to be the attractive city that naturally will draw upon the things that we would like. Let planning and development be an open group and yes, a lengthy process. All of you have spoke in way or another to the apathy in this town and I think, as it's been KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 31 said before, there's not a lot of apathy per se, but there is a lot of lack of information and you know the difficulty even in a small group getting the information out and the getting people to understand, to participate in a way where they can offload their side agenda and start speaking to the issue straight and I think that process is lengthy and should not be hurried and I think it should not be taken up as the vision of one or two people because it can easily become the nightmare for many people. As good as a person may have that first vision, the nightmare is terrible for many people when it's not properly dealt with. When I was here before, couple council meetings ago, I referred to an African statement where the villagers took in a baby leopard and everybody cuddled it, this nice little kitten and the wise village elder says, "be careful, that's a leopard, no matter how cuddly warm it is. Get rid of it!" and they didn't listen, they didn't listen, and later that leopard grew up. It attacked. It killed and the village elder nearly lost his life subduing a leopard because they didn't listen to his initial warning. Little leopards become big leopards and big leopards kill. Please withhold support for this lobby effort. Supplant it with a more balanced study if that's necessary now. Please preserve the equality of our town. In many ways now and ten years from now and research alternatives and I would just like to remind, little leopards become big leopards and big leopards kill. Williams: Thank you. Are there any questions from council? Thank you Mr. Schaan. Further comment. That will be a tough one to follow. Rodes: My name is, do you hear me okay? My name is Janice Rodes. I live at 207 Birch Street and yes, I did know I live only two blocks from the airport runway when I moved in. I always said kind of smugly, I never hear the planes if the door and the windows are closed. I don't think I have any reason to be in favor cargo jets. I might change my mind. I don't have any reason to speak against Mr. Carter. I was impressed with his resume, but I was surprised and then I was distressed with the way that it was handled and I, I hope that you'll consider the procedures that have been described by other people. I do want to address a concern that I have that's present and I'm quite sure that it would be in the future, would be more serious, and that's aircraft noise and it may be that I'm rather sensitive to that because I was told I lost most of my hearing because when I was a young woman I worked in an aircraft factory and we had to walk past the jet test stands. I know more now than I did then, obviously. But, anyway, the Kenai Municipal Airport Master Plan, the one that the Mayor has there, and the professional services contract uses the term "airport expansion" and the city manager's transmittal memo speaks to location, relocation of the present airport. That left me a little bit confused, but the Master Plan describes changes of runways in the future is reducing noise impacts. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 32 Well, I live just outside the area that the plan describes as affected by the aircraft noise exposure level and that these noise measurements were made in 1995 and in the past several months, I've noticed loud noise mainly in connection with large planes flying low. I believe they're also closer than where the flight plan is supposed to cross our street and I've discussed this with various people that I thought would be helpful but this is a problem that I hope that no matter what happens here tonight, I hope the council will, will be mindful of and will address in the future. I have a couple of, several questions. Some of them you may not be able to answer tonight. Does Kenai have a noise ordinance? Williams: We don't have a noise ordinance per se. We have a, what do you call it, it's a, we have some kind of ordinance that takes care of community problems of that sort. A nuisance ordinance but not specifically a noise ordinance, I don't think. Rodes: Do you know how realistic the noise level criteria is in the plan that you've got there? Like I said, it dates to 95 but I wasn't able to find anybody who could tell me what 65 DB would be in. What that was in terms of you know, loud radio, someone talking to you across the room. And that was the noise level that they said was minimally That's one I wouldn't expect you to be able to answer that Are the planes flying legal flight paths over the residential areas at present? That's one that you probably, the answer I got from the FAA was, "well of course they are." Do we have local control over what planes land or practice touch and go at the Kenai Airport? Williams: The uniqueness of a public airport of this type is that anyone may use it. There's a, you know, airports maintain a very specific position within the realm of transportation. It would not be in the best interest of the public or the City of Kenai or anyone else to limit the use of an airport, especially if it were in an emergency situation. We've had planes as large as 747s land here. Granted, we don't want it to happen. It has. We've had great difficulty in that respect. We've had lots of 737s land even to the point when Wien would find themselves blocked out of Anchorage, they'd park every incoming bird across Alaska right out here on the ramp. We've had seven or eight of them at one time parked here. During the volcanic eruption, while MarkAir was still in business, most of his planes parked here. We, in no way, would restrict the use of this airport under any circumstances of that nature. The military now, is a different story. Rodes: Yeah, the reason that I ask is that I, I almost caused because I stood and watched for a couple of that the planes that I was objecting to the noise from, were practicing touch and goes at the airport because they were, unless they were flying an awful lot of planes then. I didn't go over and look to see what they were.... Are we getting fair payment for use of the airport? KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 33 Williams: The military airplanes that you're referring to have been quite active down here for the past couple or three weeks and I cannot anticipate or reason what they're ideas are with regard to their practicing here except that it's less crowded airspace and they prefer to come down here. They've had both the AWACS plane, the C-130s and I believe I saw a C-135 in and both Black Hawks that belong to the air rescue group and they regularly come here. And, you know, I find that to be a very protective cover for me as a citizen with regard to life safety and public issues. I was personally responsible in working with Senator Stevens to insure that the air rescue wing of the Alaska Air National Guard was not only created, but funded and placed into position to help people of this state. They have two C-130s. The services of a KC-135 out of Eielson and two Black Hawk helicopters and I'll always consider that to be one of the greatest partnerships with our congressional delegation that I was fortunate to work in. So, with those boys, I'll let them land here any time they want. Rodes: Well my objection was less to their land and even practicing touch and goes as it was that the spot that they fly over Birch Street is about a block and one-half from where I live and I couldn't understand why they couldn't fly out toward the river. Now there maybe a perfectly good reason that I would suspect. Williams: I was just noticing from the Airport Master Plan that your street is beyond the perimeter of the airport by about 1300, let's see, 6-60, about 1300 feet and there may be some correctable concerns with regard with the pattern they're flying because that is their downwind leg. But those are something that you're going to have to discuss with the FAA because they control the airspace. Rodes: Well, my next question I had down here, everybody else is asking. Will the expansion or relocation of the airport be discussed in the community as each step of process. I think this would be good .... inaudible .... I do have one other question and then I'll sit down. Is the Airport Master Plan the guiding document on the development of the Kenai Airport. Is that the plan? Williams: Well, let me say and I think I speak for the council. The Airport Master Plan that we have here is a continuing development. It's a continuing document. We'll have it done again sometime in the near future and it'll cost us another $250,000. But the only way that we can continue to develop the airport, develop commerce, and develop our transportation system and still remain in good graces with the FAA with regard to revenues that we receive from them, is to continue to review our operations and to continue to review our process and I think that's what we'll continue to do and I believe we all agree that the City of Kenai, I personally believe, would not have the quality of life today that we have if it weren't for the airport. There's just not the revenue -producing businesses here to support this community without being a center for transportation and a center for justice and a center for state offices. That's our main, that is our main thrust in the economy. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 34 We don't have enough retail business or enough taxable property to do anything in that nature. So, I think, if we were to see the airport go away, you'd certainly see a lot of people go away as well. So... Rodes: Thank you. Williams: Further questions. Further comments. Poynor: Good evening. My name is Alan Poynor and I live at 509 Ash Avenue in Kenai and I just ... perhaps I'm a little slow on the uptake here Mayor, but you've got $500,000 worth of study sitting in front of you, if I understood what was said earlier this evening, and none of those $500,000 addressed this particular point at all? Williams: Yes. Let me, let me say that this is just one of the studies that we've had. In the last municipal Airport Master Plan it addressed the issue of longer runways and we have struggled with the issue of longer runways for as long as I've been around ... well at first we started struggling with the issue of paving the runways back when Jim and I were just kids, you weren't even around. You were still over in Tok at the time (speaking to City Manager Ross) . So that, that struggle we overcame. But the study called for, I believe expansion to 10,500 feet. In looking at that expansion, a lot of concerns that we're talking about here today were voiced and a lot of them were talked about and I'm talking about going over the last fifteen, twenty years. The big problem in expanding the runway to 10,500 feet is that we're somewhat blocked by property ownership to the north, because by moving it out to the, right to the very edge we would be encroaching airspace -wise on privately held lands. Others are that all of the avionics -- the instrument landing systems and all that, is located on the north end rather than on the south and the expense of moving the avionics and, and causing all of that ILS system to be relocated and recalibrated and everything, probably cost more than what it would cost to pave the runway to get out there. But, be that as it may, it was always considered that at some point in time, we would do that. I mean, that was everybody's conclusion. One day we're going to expand this airport. We're going to take in jets and we're going to have jet service here and that's the way it's going to be. With the second document, the one we now have before us, after much public comment and I must say that I'm sorry that some of you missed those meetings because they did produce a tremendous amount of data and information over a long period of time, I have two members of the Airport Commission here who might speak to just how long it took for that process. They determined that the airport runway should be about 8,500 feet instead of 10,000. Well, that kind of flew in the face of what we had proposed and it was partly because we began to believe that maybe we didn't need a 10,500 runway. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 35 Well, after that part came to light, we revisited the document after it was done, and many of us came away with the question as to, well, what happened to the 10,000 foot runway that we had originally. Why was it deleted. Is there any market out there? Is there truly no market in which we can enter and commercialize this airport that would require 10,000 feet. I think, from that was born the idea of let's take a look at this whole. What, where, why, how, who and we'll go out there and we'll see what kind of a market there really is for this whole thing. Knowing full well that if something like that occurred, a major airport, we may surely have to move it all the way away from town. And as I made the comment earlier today, you know, fighting on both sides of the issue, close the airport, don't close the airport, stop the traffic, don't stop the traffic, sue the airport for more land, don't sue the airport, has been going on for years here and we we're going to come to some kind of answers here pretty soon. Poynor: Okay. Let's go ahead and clarify something. I deal with words frequently and, is it "may" or "surely" that we're going to have to move the airport. What you're saying is that the studies indicate we can't do it. We can't do a 10-5 runway right here and there are restrictions on large aircraft that are going to require probably greater than 10,500 feet if we're talking about heavy cargo aircraft TAPE CHANGE ... to me is a $100,000 crap shoot that we can pick up part of the $200 Billion that Al Gore's talking about. And, and, I get a little fired up... Williams: That's all right ... Just a comment to say that airports are very expensive and we all know that. All you have to do is look around, around the country... Poynor: So, before, before we go running off lobbying for support because I see a good portion of this proposal is actually lobbying effort -- seek Kenai Peninsula Borough wide support, seek support for the Kenai Municipal Airport, seek support from the Alaska Delegation. Seek their assistance with the project. Seek, seek, seek. Don't you think we ought to figure out whether or not it's needed and whether or not we have the ability to put it into play before we start seeking? If this is a baseline, truly a baseline study, I can give you your baseline. As it stands right now, we cannot do it. We don't have the land to build a facility that we can and from what I've heard this evening, you don't have the public support to put it into play. Williams: Thank you. I don't know the answer to those questions. That's, that's the problem. I do not know the answer to those questions. Poynor: And, Mr. Carter is definitely qualified and I don't mean to be disparaging, but you know, your philosophy, and that of the council, although admirable for your fiscal responsibility, the line was laid out earlier this evening. The whole tact of what the council and what this motivating, the motivating force behind this particular piece of work is, they're putting out $245 Million for roads. Let's get a piece of it. I don't want to subsidize $100,000 crap shoot and that's what this is. Thank you. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 36 Williams: Thank you. I might also advise you that this particular "crap shoot" as you call it, is not being paid for by the General Fund of the City of Kenai. It's being paid for from the Airport Revenue Fund. No, it's not taxpayers' money. It's airport revenue fund money that the taxpayers have a responsibility in. Much of the money that we get in the airport here again, like the federal highway system, comes to us in the form of federal grants, has nothing to do with the earning capabilities that we here in the city have with the airport or that the passengers here or users of the airport pay for. Let me say that if we were to depend upon our own devices with regards to the creation and the advancement and development of that airport, that airport would still be a gravel runway out there. Probably with steel landing mats on it. That's something, I sometimes think it's really tough to clearly understand the role, the tremendous role that the state and federal government has in our very existence here. Our very existence with regard to municipal assistance and revenue sharing, with regards to some of the major projects that we've had, the airport and all of that. Where our money actually comes from. It doesn't come from the taxpayers of the City of Kenai. I have a reputation of being the spendy-est mayor we've ever had here and yet virtually none of the money in comparison is a percentage of our dollars came from the City of Kenai. They came from other places. They weren't our dollars. Millions of dollars have come into the City of Kenai that the taxpayers could have never afforded in any way, shape or form. So... Poynor (from the audience): But Your Honor, the point I'm getting at is there's no reason, even if it isn't coming directly from our pocket. There's no reason, if you'll pardon the expression, "to piss it away." That is why we are in the fiscal responsibility and the problems that we've got in this country right now is everybody says, it's somebody else's money. Williams: All right. Are there any questions from council with regard to any of the comments that have been made? Yes. Please come forward. Christian: Mike Christian ah, he gets excited doesn't he ... I live at 613 Maple and I've addressed the question of airport noise and the airport and the $100,000 that could have purchased a piece of land that would protect some of our noise pollution. But, this, you brought up how important this airport is to the city. The city wouldn't be the same without this airport and yet you're talking about building a new airport somewhere else which will drain away this very big cash cow that we have. That doesn't make sense to me. If this is a good airport and this is what's keeping Kenai Kenai, let's make this airport work and I don't think these cargo jets are to the benefit of our community or our economic community. Passenger traffic? Yes. That's a great economic boom. Cargo traffic? All I see there is negatives. Noise and pollution and quality of life that goes down the tubes. We also have in this community, a bedroom community as you all know. We have a lot of commuter traffic. People going to the North Slope and other places. I don't think that this will bring more of that in here. I think that that airport and that noise and that mess would drive that away. I think you're going to see a loss of population and not a KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 37 benefit. That's basically everything else I would agree with negatively, this one I thought needed to be pointed out. Thank you. Williams: Thank you. All right. We've been at it for about an hour and half now. Are there any comments that we haven't heard. Something that really needs to be said. Anybody that feels they have a desire to address the council on this particular issue. Yes? Excuse me, just a minute. We have a member of the Airport Commission. Thibodeau: Yeah, I'm Tom Thibodeau. I'm chairman of the Airport Commission and I've, we've come here tonight, myself and couple Airport Commission members, just to kind of hear what's going on and we sure appreciate the input that we've got. As Mr. Mayor's said, we did put on, or got the Airport, the original Airport Master Plan, we had several meetings on that. As a matter of fact, it went over quite a period of time and, and we appreciated any input that we got at that time and it went into the Plan. I think what we need to do in this, and I think the part that really wasn't emphasized in the plan is that the initial part of the contract that we're talking about here, as the City Manager said, is to look at the feasibility and possibly that needs to be really worded and emphasized a little bit more in there. And on that basis, it's going to go forward into what the last part is the promotional part. And that really is the emphasis that that, that we need to place on this. It's, it's in there. That's what the contract was about. And that's where we want to go with it. But it needs to be possibly worded a little more directly and I think, that's where, you know as the Airport Commission, need to do possibly. I'd like to have the city council's recommendation on that as whether they want to put that back, we'd like to possibly take that and emphasize that part of it a little more directly. And that's what I have to say on it. I think we've gained a lot here tonight and I think the project itself, the study, you know, as been pointed out, our airport is right in the center of our town and we can't grow, you know. And maybe the thing to do is to look at the feasibility of moving it out. We've had a lot of people that have come to the Airport Commission and talked talked to use about noise pollution and airport, you know airplanes flying directly over their house and is this, you know, a good flight plan. The reality of it is, there are certain altitudes that you can fly at, but the pilot has to be able to choose a safe route to the airport and that's his decision pretty much to make. As long as he's not endangering anybody. If the airport did move out, it would answer a lot of the questions that we've had here for the Airport Commission at different times in regards to, you know, the noise. It would be away from us. It would certainly be a lot further away from us than it is right now. And it also would leave room for expansion within the city here as the city limits are now. It would think it would be a city airport or city controlled airport, it would just be further away than it is now. Which would be a boom to us. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 38 I think what everybody's trying to do is to do what's best for the city and we appreciate that. So, I think the emphasis has to be possibly, as the city manager says, various reporting points in the contract and maybe that's spelled out a little more clearly that the first portion of it isn't feasibility . In order to study the feasibility of this thing, you have to have access to various levels within the airport community, the aviation community, the airlines. And, it really depends on who you send there as to whether you're going to get a true answer. You know, get some real thought into it. Get to the right level where decisions can be made and I think in that case Mr. Carter's an excellent one to do that. He has those connections to find out what we want. Yes, I think he'd like to see this project go forward. I think there's a lot of people that would like to see the airport be put in a position where it doesn't make the noise that it does now, possibly and a lot of those complaints are handled. Also, that the economic development in this community gets to expand because of any, whether, whether it be cargo jets or whether it be just some other little form of, you know, the aviation community that we might find out about. We need to study it to find out and that's what this is about. Voice from audience: We keep hearing this move the airport a couple of miles to the north. Just what land are talking about? Is it private land? Is this city lands? I've heard Salamatof land. Where is it specifically and how far north and when should Niskiski residents be in this process. Or North Kenai... Thibodeau: Well, I'm not really sure and that too would come out of it. I'm not sure that you're talking about north towards North Kenai. Possibly a little ways that way. My thoughts would be more towards Anchorage. There is Moose Range out there. Those things would have to be dealt with as to how far you could go, you know. Voice: So, the Moose Range is a possibility in this plan, is that what you're ... Thibodeau: Well, that would be a pretty big move, but anything's a possibility. Williams: Let me say that none of know the answers to any of those questions and that's part of why we wanted to do the study. There are a variety of lands out there that are owned by federal, state, borough, city and private interests and there are, you know, there's thousands of acres. There's 5,600 acres that lie between the Moose Range and the Wildwood Air Station. You know, that might be acceptable. On the other hand, there soils may be so bad we may never need, be able to build it but we don't know the answer to those questions. Voice: Then why would we be talking about promoting it now... Thibodeau: The emphasis in the contract as it's written right now seems to be on promotion and, and at some point it may come to that, but, but that might be a little premature. That, that's what the Airport Commission would like to take a look at. Voice: So this contract needs to go back to the Airport Commission KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 39 Thibodeau: I think that's the point that I'd like to request Williams: Thank you. Thank you. Questions from council. All right, Mr. Carter, you were going to address the group. Carter: Thank you Mr. Mayor and members of the council, ladies and gentlemen of the audience. I, I agree with Tom also about it going back to the Airport Commission. They meet tomorrow night. I think that would be a golden opportunity to take another fresh look at it and see if changes need to be made to take into considerations of what the citizens have said here this evening. I'm sorry that a lot of you was not present when I first made the presentation to the city and to the Airport Commission about this project. We talk about a vision. There's a lot of things that are attached to that. Some of you may recall that at one time going into Juneau, Alaska Airlines crashed and a hundred -and -some people died, followed by an Army aircraft with the commanding general and his staff crashed and were killed and yet there was equipment on the shelf that could have been installed that could maybe have prevented that but they were waiting for newer equipment that was on the production line. Remember now that I said, may have prevented that. Now we talk about what's happening in Anchorage and our surrounding area. The Mayor mentioned that we already had a disaster here -- 747 coming from Tokyo to Anchorage. He encountered more head winds than he expected. He got to Anchorage. Anchorage and Elmendorf were closed. He started to Fairbanks. Ice fog set in. He came back to Anchorage and finally he said, "hell, it's decision time" and he came into Kenai. Now this runway is stressed for 250,000 pounds. 747 empty weighs 300,000 pounds. Now he had to put it down. Fortunately, he had very little fuel and had cargo and not people. There was damage. In fact, taking off he blew out most of the lights on the runway and caused damage. This runway is not suited for that kind of aircraft. More and more and more aircraft operating into Elmen... or Anchorage are 747s and DC-1 Os. Now, my FAA experience has seen 747s take off from Anchorage loaded with people, have an emergency, cuts out engine number two, first thing you know he has to cut out number one, he's dropping 150,000 pounds of fuel out in the Inlet and trying to get back into Anchorage. Mark my word. Mark my word that with the traffic that is happening in Anchorage, one of these days that's going to happen and they're going to be closed. Anchorage and Elmendorf are going to close in behind them and that guy has to go someplace. It's not unusual to have satellite airports backing up major airports. Boeing Field does it for SeaTac. Even the Air Force Base in Phoenix backs up the Phoenix Airport in case of emergencies. It's not unusual. Kenai is absolutely one of the best places to have a satellite airport to back up Anchorage. To say we don't care, I know KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 40 everyone of you care. But we can't afford a 747 coming in here with 300 people on board and hope that this runway can take care of it. I say, it's a disaster. It's a disaster. Now, that's only, you know, we can thumb our nose to that and say, "ah, that will never happen." But, it will, it will happen sometime someday. And so that was some of the thought that has gone into this. It isn't to purposely cause hard feelings among people and then of course, if you build a runway, then it's got to become profitable and so you try to see what other traffic that can use it. Anyhow, it's a, you know, I, I know you really don't care to hear that tonight, but those are the things that area out there and they, they are very important. And I could go in and talk to you about a lot of other things. Anchorage is running out of space. It's public knowledge that in ten years they will have run out of land at Anchorage International Airport. Some other place has got to help. Got to help take care of that and so, like I said, I could tell you just scads of stuff, but you, know, that's just a few things in a nut shell. And I'm talking about, I've been in aviation going on 52 years in this state and I watch things happen, watch them grow and it's not always a pretty picture. Williams: Thank you Mr. Carter. All right if we have no further comment, then I'll bring this back to the city council. We do have a motion on the floor to approve the contract as is. There's room for discussion of the council at this point in time. Possibly some amendments or actions. END OF VERBATIM. Smalley stated he was very glad so many people came to the council meeting and stated their concerns. He added, this subject had been discussed by council since June and sometimes it takes some time for people to get involved. Smalley added, he believed that the council, Carter and the citizens have the same goal -- to do what is in the best interest of the city. He continued, there are different routes to reach the goal and this is a good starting point to find a solution amicable to all. Smalley stated he too had concerns about noise, air quality, visual impact, property values, quality of life, etc. MOTION TO AMEND: Councilman Smalley MOVED to amend the motion to return this agreement back to the Airport Commission for review (assuming Mr. Carter will be at the Airport Commission). Williams noted the discussion could not take place at that meeting due to public notice. The item could be included on the November agenda. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 41 Councilwoman Swarner SECONDED the motion. Bannock stated he deeply appreciated the fact that the room was full of citizens. He added, he didn't agree with many of the concerns stated, but enjoyed the fact they were at the meeting. Bannock continued he was dismayed and concerned regarding comments made of the perceived lack of public process that this issue has gone through. He added, the contract has been debated for the majority of the calendar year. Bannock continued, comments were made there were no articles about the discussion or topic in the newspaper. He suggested the people call the newspaper and note their concerns to them or attend the council meetings on a regular basis. Bannock noted, the council meeting agendas are published in the paper, the meetings are held on the same days every month and the agenda is posted at city hall. He urged the people to not complain there was lack of public process, but attend the meetings. An unidentified woman in the back of the room stated she had contacted the City Clerk several years ago with a question about the agenda and was told the information on the agenda was confusing. She added, she would like more information included in what is published in the paper. Smalley suggested that if someone has a question regarding a topic listed on an agenda, to call City Hall and if they did not get the information they wanted, to call a council member. Swarner noted the agenda also includes the city's home page and access to the Internet can be had at the library if the Internet is not available to someone at home. Swarner also thanked the members of the Airport Commission for their work on the Master Plan. Moore suggested the council and administration make a conscious effort to include additional words on the published agenda to better inform the public. Measles requested clarification as to when the item would be again before the Airport Commission. He noted, if the discussion does not take place until the Airport Commission's November meeting (November 12), it wouldn't be back before council before the second meeting in November or the first meeting in December. Ross stated he didn't think there was any reason to have a special meeting of the Airport Commission in this regard. The delay would allow minutes of this meeting to be completed, etc. Ross added, he would be out of town October 15 through 26 and would prefer the item go before the Airport Commission at their November meeting. Bannock noted, he asked Thibodeau to informally poll his commission members to see if they felt the issue should be returned to them for further review. Thibodeau answered, at that time they asked copies of some information. Bannock asked Thibodeau if he saw a need for the issue to return to the commission for further review. Thibodeau answered, not at that time, but after receiving a copy of the KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 42 original contract and the one before council some members had some concerns. That is why they were attending this meeting. Bannock stated, his comment at the last council meeting to allow the Airport Commission to have a special meeting, if needed, so that action could go forward at this meeting. He added, he was disappointed the matter couldn't move forward and that the Airport Commission wanted to review the contract again, but wouldn't be able to see it again until November. Smalley noted he had concerns about the contract included in his packet and had planned to table the contract and request it be rewritten. VOTE ON AMENDMENT: Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: No Bannock: No Smalley: Yes MOTION PASSED. The item will be returned to the Airport Commission for additional review and comment. Williams noted his concern there were so few people who exercised their right to vote during the October 6, 1998 election. He noted, he believed it was the lowest voter turnout since his becoming mayor. BREAK TAKEN: 10:32 P.M. BACK TO ORDER: 10:50 P.M. G-34, Operations Agreement -- ARFF Management Ross noted, the agreement had been back and forth between the city and ESI for six or seven months. Every time a word is changed, the document has to be reviewed by the attorneys. Ross referred to the cover memorandum included in the packet, noting the memorandum explained financial aspects of the agreement. Most of them, council would be familiar with as they had not changed. He added, Paragraph No. 3 (regarding ESI paying the City seven percent of all ARFF gross training revenues in excess of $90,000 per year) was negotiated between the Finance Director and ESI's financial officer. Ross added, some of the maintenance items were negotiated. He reported the city had agreed to be responsible for snow removal on the roads and parking lots since there will be a tenant going in the upstairs of the building. Some of the maintenance items on janitorial, elevator, utilities, etc. will end up in a pro- rated status. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 43 Williams asked if a private organization wanted to use the upstairs of the building based on scheduling availability, would the city have the right to rent space to them. Ross answered, the ESI has exclusivity for the lower floor. Arrangements might be able to be made through them for use of the classrooms. This would be necessary if ESI is going to manage the program. Ross added, ESI does not have exclusivity of the conference room on the upper floor. However, negotiations are still ongoing with the Borough and plan to keep the room non-exclusive so that it will be available on a scheduled basis. Bookey asked if there was a projected amount for the gross training revenues. Ross answered, it would be the gross training revenues for the ARFF only and there were no projected amounts at this time. Ross noted there is a negotiation clause in the contract that will allow adjustment outside the normal variance that takes place later in the contract because there is no history. Williams stated, he believed the hope was the city would pay ESI $25,000 a year and they get their student count up and the city will recoup its money through the seven percent. Ross answered yes. He added, the original business plan, it was loser at about $40,000 a year. However, with the room rental rates, profit sharing, and ESI being responsible for general maintenance, janitorial, utilities, it will be in a break- even status. Finance Director Semmens noted, in his negotiations with ESI, the amounts were derived from the original business plan. Williams noted to the audience, through this agreement, the city is obligating itself to a contractual arrangement with an outside contractor. He added, the negotiating has been ongoing for about seven months and believed most people in the city are not aware of it. He added, this is the biggest single project put together and it is a partnership between the city and private industry to run the project. MOTION: Councilman Smalley MOVED to accept the ARFF Management Operations Agreement as presented in G-3. Councilman Bookey SECONDED the motion. There were no public comments. VOTE: Council had no objections. SO ORDERED. Measles questioned the reference to the term of agreement date in Item I (page 2)of the agreement, noting it had a " 1997" date. Attorney Graves noted this statement deals with the lease for the structural/industrial center which may have been signed in 1997. Ross agreed. Graves added, this agreement expires at the same time the lease for the structural/industrial school expires. Ross added, it refers to the agreement which was signed in 1997. Graves added, the lease agreement the city KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 44 had with ESI allowed them to build the structural/industrial fire fighting school. This management agreement expires at the same time as the lease on the structural/industrial facility, unless the agreements are extended or terminated earlier. He noted, the intention is to have the structural/industrial lease and the management agreement to coexist and tie them together. If they end, they will end together. ESI needs both the agreements to make the process work for them. Ross stated they would contact ESI and have them fill in the date and keep it away from the attorneys. Smalley stated, his motion included that information. VOTE: There were no objections. SO ORDERED. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Measles MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, H-3. Ordinance No. 1797-98 -- Removing the Current KMC 14.20.150 and Replacing It With a New KMC 14.20.150 That Is Compatible With Recent Changes in the Land Use Table and Which Provides for Closer Scrutiny of the Effects of Each Conditional Use Permit. Introduced by consent agenda. H-4. Ordinance No. 1798-98 -- Appropriating $45,000 in the Senior Citizen - Borough Grant Fund for the Purchase of a Handicap -Accessible Vehicle. Introduced by consent agenda. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 45 H-5. Ordinance No. 1799-98 -- Amending the Kenai Municipal Code, Chapter 6.05 by Adding Section 6.04.145 Entitled, "Absentee Voting in Person." Introduced by consent agenda. H-6. Ordinance No. 1800-98 -- Amending KMC 6.04 to Allow and Set Procedures for Special Elections By Mail By Adding Subsections 6.04.300 Through 6.04.340. Introduced by consent agenda. H-7. Ordinance No. 1801-98 -- Appropriating $113,000 for Improvements at Cunningham Park. Introduced by consent agenda. H-8. Ordinance No. 1802-98 -- Removing "Advisory" in the Kenai Municipal Code From the Names of Harbor Commission and Library Commission and Deleting the Name "Advisory" From Certain References to the Planning 8. Zoning Commission. Introduced by consent agenda. H-9. Approval -- Assignment of Lease/ Lot 3, Block 4, General Aviation Apron - James F. Adolf to Bob's Pawn, Inc. and W.W. Wilson, III. MOTION: Councilman Smalley MOVED for approval of the Assignment of Lease of Lot 3, Block 4, General Aviation Apron from James F. Adolf to Bob's Pawn, Inc. and W.W. Wilson, III. Councilmen Measles SECONDED the motion. Attorney Graves reported administration had no objections to the assignment of lease. VOTE: There were no objections. SO ORDERED. H-10. Discussion -- Wayside Park at Birch Island. Williams explained, the city and state dually own the property known as Birch Island. Past discussions (from approximately 1987) included the State's development of a wayside park, however the state wanted a land trade between the city for a large amount of property. The city was not interested in the trade and the project was fled KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 46 away. During a recent meeting with Jim Stratton, Director of the State Parks & Outdoor Recreation, the project was reviewed again. Stratton informed Williams there may be funds available to develop the park, with the state doing the work and funding the project, and the city selling its ownership to the property for $1. 00. Williams also noted Stratton suggested the city state their support of the project. However, the request and support would be needed by October 12, 1998. Williams referred to the draft letter to John S. Tolley, Chief of the Alaska Department of Transportation 8. Public Facilities which was distributed at the beginning of the meeting. He noted, the letter states the city's intent to support the development and construction of this wayside park and urges the State of Alaska to fund and construct the park for the cultural, historical, and economic benefit of the citizens of the City of Kenai and the State of Alaska. Swarner asked if there were any hidden costs to the letter. Williams answered, he tried to stage it so the only cost to the city would be relinquishing lands to be negotiated, which he estimated to be about 40 acres. Williams noted, the resolution also stated the state would assume maintenance of the park. Williams also reported the state decided they did not want to pave the parking area on the pull off at the river, which council discussed at their previous meeting. The ground had been compacted and the equipment was being moved into position. Due to political implications for funding a future project, the state decided not to go forward with the paving. Moore asked if the Native community had been contacted in regard to the development of this park. Williams stated, he had not had specific discussions with the Native community, however they are aware of the project. He added, there had been discussions in the past and most the federal and state agencies have signed off on the project. He noted, the city owns the larger percent of the property. Williams requested council sign the letter and noted a formal resolution of support would be included on the agenda for the October 21 council meeting. ITEM I: ADMINISTRATION REPORTS I-10 Mayor a. Alaska Petroleum Contractors -- Williams reported APC is wanting to develop a training program for training local people at Kenai Peninsula College. The college anticipates the cost to be $180,000 for the training. They are receiving funding for the training, however additional funding will be needed. Williams explained, the Chamber of Commerce's Economic Development Committee asked if council would allow the money set aside by council (in their budget) for use by the Economic Development Committee to be given to the college for the training. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 47 Council discussed their budget and noted the funds had been set aside in a former budget and those funds had been absorbed back into the General Fund. Bookey stated he was concerned this would be setting a precedent. No motion was forthcoming. No action was taken. b. Fire Trucks -- Williams noted the Seagrade fire truck would be replaced in the near future and asked if the truck could be kept in the city's inventory and use it for training. Ross explained he would want a full report from the maintenance shop as the truck has major problems and has become a maintenance nightmare. Ross added, if the truck were going to be used for training, it may need to be used on a flat surface and not used for fire response. Assistant Fire Chief Walden added, he believed the truck could be used for training for five or six years if it was not pumping, not used on the highway, and not used in an emergency situation. He added, the truck is unable to pass service tests at this time, however it would qualify for training. When asked if the city's department could use it for training, Walden stated it would better to have it on the training center site instead of providing equipment to them from the city's line of vehicles. Ross stated he could get a maintenance report. He noted, he had discussions with ESI early on and mentioned that if the vehicle is released for training, the city would want them to be responsible for maintenance and they didn't jump at the offer. Williams requested the maintenance report be done. Ross stated he would also ask ESI if they are interested in accepting the vehicle for training use. Ross also noted he didn't think the city would want to donate the vehicle to an organization who would be needing it as a first -line vehicle. I-2. City Manager a. Leave -- City Manager Ross reported he would be out of town from October 15 through 26. b. Airport Terminal Counterspace -- Ross reported ERA Airlines will be changing counter space at the airport. They will be moving into the space vacated by SouthCentral Air. Also, the city has been in negotiations with another airline who is considering starting their operation in Kenai. b. Dairy Queen Building -- Ross reported the building has been shown several times in the last week, however there have been no offers made. He continued, if no offers are made during the winter, he will contact the appraiser and the FAA to see if the property could be reevaluated. C. Public Survey -- Ross reported he planned to have a copy of the public survey used in the past included in the next council meeting packet as an information item. He requested council review the questions and contact him with KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 48 any changes, additions, etc. He added, he planned to have. the survey back to council for final review in November. d. Emily DeForest -- Ross noted there had been a very nice article in the Peninsula Clarion regarding Ms. DeForest and her upcoming retirement. Swarner asked who was responsible for clearing away trees that have fallen on the road in a wind storm from city property. Swarner noted in Williams' letter to the Sears company that he mentioned the city's fire rating was at three. She asked if this should be investigated to reduce the rating. Assistant Fire Chief Walden answered, that is a consideration, however the cost of losing another point needs to be investigated, i.e., is it worth the value to drop the point. Walden added, they are investigating the possibility. Moore asked if the appraiser included the equipment in the building in the appraisal. Ross answered, not the moveable equipment. I-3. Attorney -- Attorney Graves referred to a discussion during the last council meeting in regard to ownership of property in Old Towne. He reported a map showing the ownership was on the bulletin board for council's review. He distributed color coding information in regard to the map and owners. Smalley requested a copy of the information be forwarded to the Planning & Zoning Commission. City Clerk a. Student Government Day -- Clerk Freas requested council to indicate a date for Student Government Day. Council chose November 18, 1998. b. Volunteer Application -- Freas referred to an updated application included in the packet. She requested input from council. Swarner suggested the date be moved up and additional lines be included on the form for information regarding background and credentials. Also, remove the business address and include a line for an email address. Smalley stated he had been asked if there is an age requirement for membership on a board, committee and commission. Graves stated he was not aware of any discussion about a minimum age in the code or their needing to be a registered voter. Graves added, he would check if there are any requirements in state law or the code. Bannock stated he believed no person should be dissuaded from applying. It is the Mayor and Council who make the appointments and they can take that into consideration when making an appointment. Measles noted, the city could not ask the age of a person who is applying. Williams suggested the administration bring back a report on the issue. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 49 I-51 Finance Director -- Semmens reported the Finance Department's computer conversion (new software, FY2000) should be completed by the next council meeting. I-6, Public Works -- No report. I-7, Airport Manager -- No report. ITEM J: DISCUSSION J-11 Citizens Kristine Schmidt -- Requested council to take to heart the comments from citizens who asked to have additional information included on the agenda, etc. She stated, in her career she has trained assembly members, etc. regarding meeting practices. She suggested the following: a. City's practice of publication of the agenda should be lengthened. b. Be sure commission meeting notices are published in the newspaper (with the agendas) as required by state law. (She added, only until recently had the Planning &Zoning Commission been published.) C. The design of the agenda be changed and additional information in the titles be given to better inform the public. d. Meetings should be run tighter, shorter and less colloquy (discussion is important, however it is difficult for people to come to meetings and not be able to respond even though it is not an appropriate avenue to discuss items). e. Take a proactive and not a reactive approach to information (it's not the duty of the newspaper to get information out to the public). f. Consider placing informational articles in the paper and make packets at library for public review. Williams commented he had been chastised by citizens in the newspaper because it was said he never gave anybody their full three minutes to speak and cut them off before they could make all their comments. Williams added, that was a lie as he never limited debate during a meeting. Williams continued, he resented having those types of statements made about him. Freas was asked when the agenda was sent to the newspaper. She answered, upon completion of the agenda on the Friday prior to the meeting, the agenda is forwarded to the newspaper in the afternoon. The agenda is published on the Monday (unless there is a holiday) . The agenda and copies of the resolutions and ordinances are also placed on the website on Friday afternoons as well as posted on the city hall bulletin board. She noted, the plan is to include the minutes on the website in the future. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 7, 1998 PAGE 50 She added, the minutes are always available at city hall and one only needs to request a copy. Freas also noted Planning 8. Zoning Commission public hearings have been published for years. Freas added, her packet is always available at city hall for anyone to review. Bob Peters -- Stated it has been his experience as a citizen that the Clerk has always been able to satisfy his questions. He noted, as long as he has been living in Kenai, the council meetings were always held on the first and second (correct is third) and he has attended many of them and has not been refused entrance. Peters noted he has always been tolerated at commission meetings as well. Peters stated he would hate for a younger person in the community to be excluded from appointment to a commission, committee or board. He believed the Mayor should decide whether an applicant is competent. Peters reminded council and the audience of the Friends of the Library Raffle/Dinner tickets for sale and requested council's support by purchasing tickets. Emily DeForest -- DeForest reported the minutes of all the council meetings are on file at the Library on the Alaska shelf. She added, her packet is also available at the library. J-2. Council Bookey -- No comment. Swaraer -- No comment. Moore -- No comment. Measles -- No comment. Bannock -- No comment. Smalley -- Congratulations to the newly elected officials of the city. He added, a citizen suggested to him the City of Kenai should be advertised as a place of destination and thought the highway department should be contacted and signs be placed along the Sterling Highway (one five miles out of Soldotna and one two miles out of Soldotna) . EXECUTIVE SESSION - None Scheduled ITEM X: ADJOURNMENT The meeting adjourned at approximately 11:52 p.m. Minutes transcribed and submitted by: Carol L. Freas City Clerk APPROvrD BY COUNCIL DATE ly