HomeMy WebLinkAbout1998-12-16 Council MinutesAGENDA
KENAI CITY COUNCIL -REGULAR MEETING
DECEMBER 16, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kenai.ak.us/
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and
non -controversial by the Council -and will be approved by one motion.
There will be no separate discussion of these items unless a Council
Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on :..the agenda
as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C. PUBLIC HEARINGS
1. Ordinance No. 1807-98-- Appropriating $60,000 for the Design of a
Multi -Purpose Facility.
2. Resolution No. 98-86 -- Awarding a Contract for Professional Design
Services to Architects Alaska/Klauder & Co. for the Project Entitled,
"Multi -Purpose Facility" for the Total Amount of $54,458.
3. Resolution No. 98-88 -- Supporting the Efforts of the State of Alaska,
Department of Health and Social Services to Obtain Funding for-r the
Construction of a Youth Detention Facility.
4. * 1999 / 2000 Liquor License Renewal -- Peninsula Oilers Baseball
Club, Inc. /Recreational Site.
ITEM D: COMMISSION/ COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
-1-
1 5. Parks &Recreation Commission
6. Planning 8v Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
C. Kenai Visitors &Convention Bureau Board
d. Alaska Municipal League Report
ITEM E: MINUTES
1. *Regular Meeting of November 18, 1998.
2. *Regular Meeting of December 2, 1998.
ITEM F: CORR.ESPONDENCE
ITEM G: OLD BUSINESS
ITEM H: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
� 2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1808 -- Increasing Estimated Revenues and
Appropriations by $60,000 in the Crow Court Capital Project Fund.
4. Approval -- Assignment of Lease / Security Assignment of Lease --
Ronald A. Yamamoto to L & M Ventures, Inc. and Michael J. Lott,
Natasha L. Lott and Nina Marion/ Lot 3, Block 1, Gusty Subdivision.
5. Discussion -- Designation of Director Appointees / Challenger Learning
Center of Alaska.
6. Discussion -- Proposed Ticket Counter Lease Agreement for New Airline
Service -- Airline Support, Inc.
7. Discussion -- Dip Net Fishery
8. Discussion -- Kenai Peninsula Borough Animal Control Ordinance.
9. Discussion -- Kenai Municipal Airport Request for Qualifications --
Aviation Consulting Services -- DRAFT.
-2-
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 MINUTES
DECEMBER 16, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
httv://www.cl.kena.l.ak.us.w f
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-2Z, ROLL CALL
Roll was taken by the City Clerk. Present were: Bannock, Smalley, Williams,
Bookey, Moore and Measles.
Absent was: Swarner
A-5, AGENDA APPROVAL
Mayor Williams reported he had no changes to the regular agenda.
MOTION:
Councilman Smalley MOVED for approval of the agenda as presented and
Councilman Bookey SECONDED the motion. There were no objections. SO
ORDERED,
A-6. CONSENT AGENDA
Mayor Williams reported he had no changes to the consent agenda.
MOTION:
Councilman Smalley MOVED for approval of the consent agenda as presented and
Councilman Bookey SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
None.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 2
ITEM C: PUBLIC HEARINGS
C-19 Ordinance No. 1807-98-- Appropriating $60,000 for the Design of a
Multi -Purpose Facility.
MOTION:
Councilman Moore MOVED for approval of Ordinance No. 1807-98 and Councilman
Measles SECONDED the motion.
Rick Baldwin -- 3080 Kim-N-Ang Court, Kenai. Baldwin reported the reason there
were so many young folks in the audience was because there was a lot of excitement
in the community for building the ice facility in Kenai. He noted, many of those in
the audience were Kenai Hockey players and had a vested interest in the facility,
especially the underclassmen. Baldwin added, having the ice facility would be
helpful in that the hockey players now have practice in the afternoon after school,
but also at 5:00 a.m. He also noted, the Soldotna rink is also a long way to go for
practice.
Baldwin commented, the new facility would be an enhancement for the community
and encouraged the council to move forward on the project. He added, he
appreciated the council's interest and effort in developing a funding package to build
the facility as it would be a "good thing for the kids."
Chris Gabriel -- 2727 Seine Court, Kenai. Gabriel noted he and his family had been
involved in the area hockey program for many years -- when the players had to clean
the snow off the outside rinks. Gabriel expressed his appreciation for the work done
by the city on behalf of the hockey players and his family.
Nate Kiel -- 404 Lawton Drive, Kenai. Kiel stated he was very excited at the prospect
of building a multi -use facility in Kenai and thanked the administration for the
outstanding leadership in pursuing the project. He added, he had been involved in
developing a rink since 1992 when he was a member of the first Rink Task Force.
Kiel thanked council and City Manager Ross for leading the way and the Parks &
Recreation Commission for their support and input over the last year. He added,
there is a definite need for the facility for a number of user groups in the community
(softball, Little League, gun clubs, etc.) Kiel added, he hoped the facility could be
started in the next building season.
Steve Campanella -- Campanella reported he was the KCHS Sophomore Class
representative to the Student Council and the Student Council supported the project.
He added, he spoke to many of the members and they were very supportive.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 3
Campanella also noted, the new facility would give the KCHS hockey program a boost
as there is a lot of talent in the community and they need a good facility to exercise
their talent.
Councilman Moore stated he agreed with the comments made and added, the project
was long overdue. Moore noted, he would like to see the project completed as it
would be a good project and helpful to Kenai and its young people.
Councilman Smalley stated he too believed the project was a long time coming and
he was pleased to see the city going forward with the project. He added, it was great
to have the people attend the meeting and to know hockey had not lost its appeal
over the years.
VOTE:
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes Swarner: Absent Moore: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
Williams thanked the people for coming to the meeting and showing their support of
the project. He noted, the facility was being designed as a phased project. After the
first phase was built, additional funding may be requested from the community to
build the second phase.
C-2. Resolution No. 98-86 -- Awarding a Contract for Professional Design
Services to Architects Alaska/ Klauder & Co. for the Project Entitled,
"Multi -Purpose Facility" for the Total Amount of $54,458.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 98-86 and Councilman
Moore SECONDED the motion.
There were no public comments. Councilman Measles asked if administration was
sure it would save money by negotiating a contract with Architects Alaska/Klauder 8�
Co. instead of going to a Request for Proposals and whether it would be a real time-
saving advantage to proceed in this manner. City Manager Ross answered, his
memorandum (included in the packet) outlined the reasons administration felt it
would be better to negotiate for the professional service contract. He noted,
development of this project would require extreme close coordination between the ice
facility and the Challenger Learning Center as both projects would be placed on city
KENAI CITY COUNCIL MEETING
1 DECEMBER 16, 1998
PAGE 4
land and would be owned by the city. The projects will also necessitate coordination
of soils testing, development of parking facility design and design engineering of
utility services. Ross added, he believed this coordination of effort would save money
in development of both projects.
Ross noted, there would be no reason not to go to RFP for Phase 2 of the ice facility.
He added, City Engineer La Shot negotiated the contract with the architect and it
was well under the cost it would have been if the project had gone to RFP. Ross
added, he was satisfied with the local firms involved and it was administration's
recommendation to go forward with the project as stated in the resolution.
Councilman Bookey asked if administration was confident the Challenger group
would go forward with their part of the coordinated underground work, etc. even if
their project was delayed.
Bill Popp, Challenger Project Coordinator -- Popp stated their project was right on
tract to go to bid in March. He added, he attended a meeting in the afternoon where
the matter was discussed. Popp reported, the Challenger Board always thought
there would be a coordinated effort between the two projects and they planned to
proceed. Bookey asked Popp, even if Challenger is not ready to go to full -phase
construction, would they be involved with the underground, etc. Popp answered,
yes.
Ross added, the Borough was in the process of acquiring the land on which the
projects would be built and noted his memorandum discussed the timeline the
Mental Health and Borough worked out with the City of Kenai and when a formal
resolution would be considered to accept the land. Ross continued, in the past,
through what he considered consent of council, he had proceeded on the basis that
the city would accept the land for installation of both the facilities on it. He added,
unless council directs differently at this time, after council's actions are taken, he
will write a letter to the Borough Mayor and indicate the city is requesting they
proceed with the transfer and it is the intent of the council for both the projects to be
located on that land. Ross noted, council would have an opportunity at a later date
to adopt a formal resolution accepting the land. However, the Borough Mayor had
requested a letter stating council's intention. There were no objections from council.
Moore noted the proposal spoke about developing the project and indicated "...a
building design committee representing the City of Kenai." Moore asked if that would
be administration or user group representatives. Ross answered, he intended to ask
several representatives from the user group to work with La Shot and the
engineer/ architect firm to develop criteria for designs. Ross added, ultimately the
designs would come to council for review and consideration. Ross continued, in the
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 5
proposal it was indicated the project would be designed on the basis it would be a
steel building as it is the only way to get into this type of structure with the funding
available. Ross answered, yes, the user groups would be involved.
VOTE:
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes Swarner: Absent Moore: Yes
Measles: No
MOTION PASSED,
C-3, Resolution No. 98-88 -- Supporting the Efforts of the State of Alaska,
Department of Health and Social Services to Obtain Funding for the
Construction of a Youth Detention Facility.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 98-88 and Councilman
Moore SECONDED the motion.
There were no public comments. Williams noted, there was a possibility the State of
Alaska may build a youth detention facility in the local area and Kenai was one of
two places selected to be the potential location. Williams noted, it had been many
years since many of Kenai citizens petitioned the state for a facility of this type. Now,
local youth who are incarcerated are taken to Anchorage and flown back and forth to
attend court hearings. It had been the feeling of many that if the young people who
are incarcerated are kept closer to their family and friends, things sometimes work
out better for them. Williams noted, the effort to develop such a facility in the area
started approximately 20 years ago by Attorney Ed Garnett.
Lt. Jeff Kohler -- (The city's representative on the site selection committee.) Kohler
stated he had been involved with the committee since last winter and they had been
going through a process outlined by the Division of Health and Social Services which
discussed program development issues, site selection, etc.
Kohler added, about two weeks ago it was learned the facility had been submitted to
the Governor's desk by Health & Social Services with an amount of $2.5 Million to
build a facility in the central Peninsula. However, they learned yesterday, the
proposal did not make it off the Governor's desk. The Kenai facility was second on
the list -- Ketchikan (number one on the list) didn't make it off the Governor's desk
either.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 6
Kohler stated, the committee would continue on with the process and would take
random surveys of the local area to determine what the community sees as needs for
the facility and would be doing some public relations to enhance their proposal.
Williams stated council appreciated Kohler's work on the committee and encouraged
the committee to continue working toward the placement of a facility in the
community.
Joan Bennett Schrader -- P.O. Box 1264, Kenai. Schrader explained she was a
resident of Ridgeway, but was also a member of the committee. Schrader urged
council's support and adoption of the resolution. Schrader reported, the need is
evident by the overflow residents at the McLaughlin facility in Anchorage. She
explained, Alaska is one of the states that does not have a minimum age for juveniles
being placed with adults which makes the need for a new facility more important.
She added, the Homer City Council passed a resolution in support of the facility and
Seward would be considering one at their next meeting. Schrader also reported, of
the McLaughlin population, she believed approximately 40 a year were from the
Kenai Peninsula. She noted, when a youngster from the Peninsula is incarcerated, it
means they are also sent away from their home communities in addition to the
conveying officers needing to travel out of the community. Having a facility on the
Peninsula would expedite matters for the families of those incarcerated.
Schrader requested a copy of the resolution be sent to Senator Georgianna Lincoln
and Representative -Elect Carl Morgan in addition to those already listed on the
resolution. Williams stated that would be considered as friendly amendment.
VOTE:
Councilman Measles requested UNANIMOUS CONSENT. Councilman Bannock
SECONDED the request. There were no objections. SO ORDERED.
C-4. 1999/2000 Liquor License Renewal -- Peninsula Oilers Baseball
Club, Inc./Recreational Site.
Approved by consent agenda.
ITEM D: COMMISSION / COMMITTEE REPORTS
D-19 Council on Aging -- No report.
KENAI CITY COUNCIL MEETING
i DECEMBER 16, 1998
PAGE 7
D-2. Airport Commission -- Councilman Measles reported he had been out
of town and was unable to attend the meeting. He noted, the meeting minutes were
included in the packet.
D-3. Harbor Commission -- Councilman Bookey reported a meeting was
held on December 7 at which there was a full commission. He noted the main
discussion was the idea of a student representative assigned to the Commission. The
Commission, through a motion, supported the placement of a non -voting student
representative to the Commission.
D-4. Library Commission -- Councilman Moore reported the next meeting
was scheduled for January 5, 1999.
D-5. Parks & Recreation Commission -- Councilman Bannock reported the
Commission met on December 3 and the minutes of that meeting were included in
the packet. Bannock added, the Commission discussed the potential of placing a
new wrought iron front fence and gate at the cemetery. He noted, this item would
probably come back before council during budget discussions.
Bannock also reported the Commission had been discussing the Oilers' agreement
with the city and now, through conversations with the Commission and Oilers Board
there would be a cooperative effort between the city and the Oilers to landscape and
generally spruce up the area around the Oilers Park.
Williams reported he has had some concerns related to him regarding some of the
exercise equipment at the Recreation Center. Director Frates stated some of the
equipment was several years old and received a lot of use. They have been asking
patrons for suggestions for new equipment, etc. and those suggestions will be
brought forward during budget hearings.
Nate Kiel -- Kiel reported, in the early morning hours, Monday through Friday, the
Center is busy. His experience has been the few pieces of weight equipment are in
good shape, but the tread mill and stair climber are fully booked and reserved and
not always available for use. He encouraged some thought be given to purchasing
additional equipment during budget time.
Williams requested Frates prepare a prioritized list for equipment replacement to
supplement equipment already available at the Center.
D-6. Planning & Zoning Commission -- Councilman Smalley reported the
minutes of the last meeting were included in the packet. He noted Items 4a and 4b
were tabled and will be up for public hearing at the next meeting. He also reported,
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 8
he meeting of December 9 had been cancelled due as there would be no quorum
available. Smalley requested packets for the January Commission meetings be sent
to Councilman Bannock.
Discussion followed regarding appointments to the Commission to fill the three
empty seats to the Commission from the six people council interviewed at their
November 25 work session. Bookey stated he would prefer making two appointments
and hold making the third until after council makes an appointment to the seat on
the council to be vacated by Councilman Smalley. Bookey noted, he believed from
those applications not selected for the council seat, there would be a person who may
be interested in filling the remaining Commission seat.
Smalley stated he understood Bookey's concern, but would not have difficulty in
appointing all three positions at this time. He noted, the positions were advertised
and council interviewed applicants. He didn't know if there would be more people
interested than those who had already come forward. Smalley stated, he would
support making three appointments.
Moore stated he agreed with Bookey, but had chosen three people for the available
seats. Measles stated he also agreed with Bookey and added, he would like to
appoint two positions during this meeting and wait on the other appointment.
Bannock stated he had two people on the list who he was prepared to support.
Williams noted, he would go forward with making recommendations for two of the
positions available as it seemed the consensus was to appoint only two at this time
and appoint the third after the appointment to council is made. Williams offered
Donald R. Erwin and Robert J. Newbry for appointment to the Commission.
MOTION:
Councilman Measles MOVED for approval of the appointments as suggested by the
Mayor and Councilman Bookey SECONDED the motion. There were no objections.
SO ORDERED.
D-?. Miscellaneous Commissions and Committees
D-?a. Beautification Committee -- Frates stated he had no report, however
the Committee would meet again during the second week of January.
Williams noted the letter of resignation from Susan Hett which was included in the
packet. He requested a thank you letter be forwarded to Hett for her work with the
Committee and her help with the city's connections with the congressional delegation
in Washington, DC.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 9
D-7b. Historic District Board -- Moore reported the next meeting was
scheduled for January 18, 1999.
D-?c. Kenai Visitors & Convention Bureau Board -- KVCC Executive
Director, Kathy Tarr reported the following:
1. the KVCC website had been launched and Tarr encouraged council to
visit it at www.visitkenai. com;
2. the KVCC was selected as the meeting place for the Permanent Fund
Board of Trustees meeting to be held on June 16, 1999. Tarr noted, the
Board was planning to spend the whole day in Kenai and she hoped
they may be able to also attend the Kenai Chamber luncheon, visit the
ARFF, and other areas of interest in Kenai;
3. the Second Annual Writers Night would be held at the Center which will
lead up to the Library's 50th anniversary. Tarr noted, proceeds from
Writers Night will be split between the KVCC and the Library.
Moore reported he had visited the new website and it looked great. Moore also noted,
the KVCC looked nice all decorated with lights, etc. Tarr thanked the City's Parks &
Recreation Department for putting up the lights.
D-7d. Alaska Municipal League Report -- Councilman Smalley had no
report. Williams reported he traveled to Kansas City to attend the NLC Conference.
Williams added, it was a very good conference for getting a vision of the future. It
was noted at the conference that the future cannot be predicted, but it can be
envisioned. He thanked council for supporting his travel to attend.
BREAK TAKEN: 7:54 P.M.
BACK TO ORDER: 8:0 5 P.M*
Because it was the last council meeting Councilman Smalley would be attending
before his installation as a member of the State of Alaska House of Representatives,
Williams a plaque from the Council, Administration and Employees, thanking him for
his dedication to the City of Kenai and its community. Smalley thanked the Mayor,
Council, Administration, Employees and the people of Kenai for supporting him over
his many years in Kenai. He added, as the area's representative, he would do his
best to represent the City of Kenai and the Peninsula.
Another brief break was taken for refreshments.
ITEM E: MINUTES
KENAI CITY COUNCIL MEETING
I DECEMBER 16, 1998
PAGE 10
E-1. Regular Meeting of November 18, 1998.
Approved by consent agenda.
E-2. Regular Meeting of December 2, 1998.
Approved by consent agenda.
ITEM F: CORRESPONDENCE -- None.
ITEM G: OLD BUSINESS -- None.
ITEM H: NEW BUSINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Measles MOVED for approval of the bills to be paid and bills to be
ratified and Councilman Smalley SECONDED the motion. There were no objections.
SO ORDERED.
H-2. Purchase Orders Exceeding $2,500
MOTION:
Councilman Measles MOVED for approval of the purchase orders exceeding $2,500
and Councilman Smalley SECONDED the motion. There were no objections. SO
ORDERED.
H-3. Ordinance No. 1808 -- Increasing Estimated Revenues and
Appropriations by $60,000 in the Crow Court Capital Project Fund.
Introduced by consent agenda.
H-4. Approval -- Assignment of Lease/Security Assignment of Lease --
Ronald A. Yamamoto to L & M Ventures, Inc. and Michael J. Lott,
Natasha L. Lott and Nina Marion/Lot 3, Block 1, Gusty Subdivision.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 11
Attorney Graves recommended council approve the assignment of lease. He noted, a
change in insurance will be required as outlined in the memorandum included in the
packet.
MOTION:
Councilman Bannock MOVED for approval of the Assignment of Lease from Ronald
A. Yamamoto as outlined in the December 10, 1998 memorandum. Councilman
Bookey SECONDED the motion. There were no objections. SO ORDERED,
H-5. Discussion -- Designation of Director Appointees/Challenger Learning
Center of Alaska.
Williams referred to a letter included in the packet from Bill Popp, Challenger Project
Coordinator. In the letter, Popp reported the term of the two City seats on the
Challenger Board of Directors would expire December 17 and requested council
appoint two members to the Board for a year's term. Williams noted, in the past, he
and Councilman Bannock represented the City and had as their alternates Rick Ross
and Councilman Smalley. Williams stated he would like to continue as a board
member. Bannock stated he would be honored to stay on the board as well.
Ross reported he had not had to attend any meetings as Williams' alternate.
However, he was concerned that he would be in a position where he will be
negotiating with the Challenger Board in regard to lease agreements, etc. He added,
he didn't believe he had a problem with neutrality in representing the City, but was
concerned for the appearance of his being the alternate.
Williams stated he would want someone from administration as the alternate and
noted City Engineer La Shot was involved on the project. Bannock stated he would
prefer Ross remain as Williams' alternate. He noted, he was familiar with the make-
up of the Board and did not foresee any conflict of interest. Discussion followed
regarding an alternate for Bannock and it was decided to wait until after the new
council member is appointed.
There were no objections to the appointments of Williams and Bannock to the
Challenger Board of Directors, with Rick Ross as Williams' alternate.
H-6. Discussion -- Proposed Ticket Counter Lease Agreement for New Airline
Service -- Airline Support, Inc.
Williams referred to information included in the packet regarding Airline Support,
Inc.'s desire to lease ticket counter space at the Kenai Airport and begin commuter
service to Kenai in January. Airport Manager Atha reported, to his knowledge the
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 12
company was not yet a carrier as they had been attempting to lease aircraft and start
a service. He added, if they have a certificate to operate under another carrier wing
or their own, they cannot be kept from operating at the airport. Atha noted, he
thought a representative of the company would be in attendance, but was not.
Ross noted, he too anticipated a representative attending the meeting. He added,
administration had proposed entering into negotiations on a standard space -rent
lease. If they contact them again, administration could negotiate the lease and allow
them to begin their operation or say they have to appear before council in order for
council to question them as to the type of service they will offer, etc. Ross continued,
Airline Support, Inc. had stated they wanted to begin operation by January 1 and
this was the only occasion for them to appear before council prior to January 1.
Ross stated, if the company contacts them to negotiate an agreement next week, he
would go ahead with that but would also schedule them to come before council.
Measles stated the city could not deny them operation at the airport regardless of
what type of service they intend to offer. He continued, basically, council only had to
approve concept of the lease providing they meet all the requirements in the lease
agreement and direct administration to proceed. Measles added, there was no need
for the lease to come back to council for approval.
MOTION:
Councilman Measles MOVED to approve the proposed space lease to Airline Support,
Inc. and direct administration to proceed with negotiations of the lease, the lease
being approved providing they meet all their requirements of the lease agreement and
is acceptable by administration and our attorney. Councilman Smalley SECONDED
the motion. There were no objections. SO ORDERED.
Smalley stated he hoped Airline Support, Inc. would have an extended invitation to
come and visit council at their earliest convenience. Williams agreed.
H-?. Discussion -- Dip Net Fishery
Ross referred to the report included in the packet and written by Lt. Kohler, Parks &
Recreation Director Frates and Public Works Director Kornelis. The report discussed
the actions taken last year, the program as it concluded, and their recommendations.
Ross noted, he also attached a copy of Proposal 223, the city's proposal to the Board
of Fisheries which was held over for consideration until the Board meeting in
February.
Ross noted, council's written comments must be submitted to the Board of Fisheries
three weeks prior to the meeting. Ross continued, he intended to bring forward a
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 13
resolution for council consideration at the January 6, 1999 meeting. The resolution
will reaffirm council's discussion at this meeting. Ross proposed the city reaffirm its
position on Proposal 223.
Ross reported he had met with several of the sport and commercial fishery
representatives. Through those discussions, he requested several other items be
added to the resolution:
1. Needing additional information of bag limits as there was reason to
believe there was excess taken out;
2. The dipnet fishery is high efficiently on red salmon however, there was
a question of whether it should be opened for 24 hours a day or
whether there should be a midnight to 6:00 a.m. closure which would
help in an enforcement point of view and allow some of the fish to get
up river and help alleviate the commercial and dipnet fisheries from
being closed down;
3. The dipnet fishery is an Alaskan resident fishery. Most of the people
participating in the fishery come from southcentral Alaska. When the
counter indicates the escapement is not reached, the fishery should be
subject to closure on a 24-hour notice. When escapement picks up, it
could be reopened.
Ross added, unless council objected, he would bring the resolution forward, but
wanted council to have some forewarning since the issue can be controversial. Ross
requested council to comment if they had any concerns or suggestions so he could
incorporate them in the resolution for review by council at the first meeting in
January and have it approved by the middle of January in order to submit the city
comments to the Board of Fisheries on time.
Moore stated he thought it was important that Ross noted the poor return of the
fishery did influence the dipnet participants. He added, he would like a point made
on the resolution regarding human waste disposal on the south beach being a
significant problem as he felt that was unacceptable. Moore asked Frates if the new
tractor had been used during the summer. Frates answered, he thought with the
educational material distributed to the fishery users really helped and they didn't
encounter the problems encountered the year prior and did not need to use the
tractor.
Moore asked if the EVOS director was still recommending a study be done in regard
to the parking situation on the beaches. Ross answered, on the south side of the
river (a separate issue), the city has been in meetings and will be again after the first
of the year with Salamatof and the Borough to continue pushing their proposed
change through administration and EVOS. In regard to the north parking area
KENAI CITY COUNCIL MEETING
� DECEMBER 16, 1998
PAGE 14
problems, it was another issue Ross wanted council to think about between now and
January. Ross continued, the city already has permits to allow fill to be added for
parking and eventual sewer treatment plant expansion. The permits will expire in
November 1999. EVOS has set this aside and said they will study the problem. Ross
noted, he didn't think it would be acceptable to allow the permits to expire. In
researching the history of how the permits were attained, it was not geared on the
presence of a dipnet fishery. They were granted to allow filling the area for future
sewer treatment plant expansion and parking.
Ross stated, administration was reviewing the matter and would bring a proposal to
council in January to request General Fund and Sewer Fund monies to place the fill,
etc. before July. He cautioned, if the work is held too long, the work will not be able
to be done before the dipnet fishery begins and then there would be concern of the
permits expiring. If the city would have to reapply for the permits, he felt there could
be problems in receiving them and receiving them in the same form.
Ross requested council to think about these items over the next weeks. He added,
he would bring back a proposal in January to go ahead with the fill work planned
and forget trying to get EVOS funding as he did not think funding would be received
until well after the permits expire.
Williams suggested the suggestion of closing the fishery be changed to 6:00 p.m. to
6:00 a.m. as the regulations for set netting allowed to fish at these times. He added,
a limited fishery from six to six may lessen the pressure. Williams noted, the only
problem he saw with these closures at that point in the river is that the fish would
have already escaped the commercial groups and would go on for catching by the
sport fishery group. Williams stated, he had for years tried to stay neutral between
the commercial and sport fishing groups. However, commercial fishing has had a
long significant and vital history to the community and it was his opinion the
commercial fisheries group had been severely damaged over the last several years
through the growth of the sport fishery, subsistence fishery, individual use fishery,
dipnet fishery, etc. as well as the limited return.
Bookey stated he agreed with most of what Williams said except he felt the dipnet
fishery really was not a fishery the City of Kenai or council could say would be here
or not as it was state -regulated. He added, he did not think a six -to -six closure
would be viable because the same amount of people would be using the fishery and
then would be using the fishery in a smaller time frame. Bookey suggested the 12-
to-6 closure as Ross had recommended.
Ross stated the input he had was from both sport and commercial fishery
representatives. They both stated it would be nice to have a one -tide period. Ross
continued, the problem in making the fishery more stringent, like the 6-to-6 closure,
KENAI CITY COUNCIL MEETING
I DECEMBER 16, 1998
PAGE 15
would not allow folks getting off work who stop to fish before going home. Allowing
the closure to be later would probably lessen the opposition to the whole proposal.
Bookey stated, another concern of his was the safety issue. He noted, he believed
the 12-to-6 closure would be helpful in circumventing danger to those fishing.
Williams reported the Board of Fisheries was scheduled to meet in the
Kenai/Soldotna area in February. He added, he would like the city manager and
council members to attend some of the hearing to know the problems he has had in
the past in presenting information to the Board. He noted, last year one person
represented himself as representing Kenai and spoke in opposition to the information
Williams had presented and was able to get the Board to postpone action on the
city's proposal.
It was the consensus of council to prepare a resolution to bring forward in January.
H-8. Discussion -- Kenai Peninsula Borough Animal Control Ordinance.
Ross reported the Borough Attorney forwarded a copy of their proposed ordinance to
him for review and requested him to comment on the ordinance. Ross explained, he
prepared his comments and forwarded them to the Attorney without being aware the
Attorney intended to include them in the Assembly packet of information. Ross
stated, he was concerned with this action because council had not had an
opportunity to review his comments before they were discussed at the Assembly
meeting. Ross continued, his comments did not represent they were council's policy,
however the document, with council approval, made some recommendations as to
what administration would like to see in the contract.
Ross continued, his comments included, if the borough passed the ordinance, the
City of Kenai did not have the resources to contract with the borough for additional
services as the city already provides services for animals brought in from outside the
city jurisdiction. If the borough would want to compensate the city for the service,
the city would sign a contract to that effect.
Ross added, he had been quoted saying he did not envision the city entering into a
contract where the city would be responding to citizen calls for services outside the
city jurisdiction. If the ordinance was passed, the callers would soon learn to get a
response they would have to state the animal was vicious or rabid. If the city was to
get into some negotiations with the borough, at council direction, Ross added, he
would insist or attempt to insist any response would be at the request of the law
enforcement agency of jurisdiction on scene (under a contractual relationship
through the borough ordinance) .
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 16
Assembly Member Bill Popp -- Popp reported he had been asked by the sponsors of
the ordinance to speak to council. The intention of the ordinance was to offer an
extremely limited animal control outside the city to alleviate situations with
dangerous animals and begin animal control in the unincorporated areas of the
borough. Popp added, the intentions of the sponsors and their supporters was to
work with the cities to find an ordinance to meet all needs within the scope of the
ordinance. The ordinance would be limited and the intention was to find common
ground where there may be some compensation to the city in return for some sort of
services and possibly alleviate some of the expenses the cities already incur with
animals being brought in from outside the city limits.
Popp added, he would not say whether he was for or against the ordinance as he
thought it too early in the debate. He added, the sponsors of the ordinance want to
work with all four of the Peninsula cities to see if there would be an ordinance that
could be drafted to meet the needs of the cities and borough.
Ross asked Popp if any input from other cities was given regarding personnel having
to operate under two different ordinances, i.e. taking an animal into the shelter and
having two sets of ordinances with criteria for handling and disposal of the animal.
Popp answered, that had not been discussed. He added, the only issue arose from
other cities was a request from the Soldotna City Manager requesting a second
hearing, taking the final hearing on the ordinance to January 19. This would give
the City of Soldotna Council time to submit their input.
Bookey stated he didn't believe the $25,000 discussed in the ordinance, was not
nearly enough to cover the city's costs, etc. He added, he was under the impression
the city's animal control officers were busy enough within the city. He asked, where
would the city get the manpower to take on additional responsibilities. Bookey
continued, if the city took on additional manpower, those personnel costs would not
be covered with $25,000.
Williams agreed and stated he was surprised at the number of animals the City of
Kenai Animal Control Shelter handled in 1997 (1600 handled, 1113 animal
euthanized, 500 brought in from outside the city limits). Williams noted, 500
animals at $50.00/each (based on the $25,000 the borough wants to pay the city)
would not come close to costs involved in regard to equipment, personnel, operation
and upkeep of the animal control facility, and supplies. Williams agreed, the city
could not or should not take on further responsibility with regard to animals outside
the city jurisdiction when not being reimbursed. He added, the $25,000 was
taxpayer money. The City of Kenai would be penalized for being a city within the
borough because it pays tomes to the borough and the citizens would be penalized
twice -- once by the city and once for handling animals outside the city limits for the
borough to which they pay taxes as well.
KENAI CITY COUNCIL MEETING
} DECEMBER 16, 1998
PAGE 17
Williams added, he felt it was a no -win situation and hoped something could be
worked out. Bookey noted, the city already does more than $25,000 of costs in
caring for animals from outside the city jurisdiction already. At this time, the city is
taking care of those animals at no charge to anyone other than the citizens of the
city.
Ross referred to his letter and stated before he forwarded the letter to the borough
attorney and stated, Attorney Graves, Finance Director Semmens, Police Chief Morris
and Animal Control Officer Godek reviewed the ordinance and contract. The letter
was a summation of their comments. Ross asked council to let him know if there are
comments in the letter with which they disagree. He added, the comments he made
were basically what Councilman Bookey and Mayor Williams said; the city does not
have the resources, the funds are not sufficient, the present ordinance structure was
not acceptable (there should not be concern of what animal is taken under what set
of ordinances) . Ross stated he would proceed based on those comments as far as it
being the city's position on the issue.
Bannock stated he believed the proposal was a no -win scenario for the city. If the
city doesn't take part in the program, it will continue to take animals from outside
the borough. If the city takes part in an agreement with the borough, he felt it was a
poorly written proposal. Bannock continued, he could not believe anyone at the
borough could believe $100,000 would take care of the borough's dog problem
($25,000 per four cities in the borough) . Bannock noted, the city's budget for animal
control was approximately $200,000 for 7,000 residents. Using that factor, he
believed, the borough should be embarrassed to think the city could do the work for
$25,000. Bannock added, while he believed there may be merit to a shared
responsibility and a use of the infrastructure in place, he was incredibly disappointed
in the proposal offered by the borough.
Williams added, the city should be reimbursed for some of the costs involved in
handling animals from outside the city limits because taxpayers within locales have
responsibilities to their particular governments and should not be relying on
taxpayers from outside their locales for support. He noted, the borough is working
on the matter, but he did not believe the city and the borough had arrived at an
agreement at this time.
H-9. Discussion -- Kenai Municipal Airport Request for Qualifications --
Aviation Consulting Services -- DRAFT.
Ross explained, the proposal information included in the packet would advertise for
Request for Qualifications (RFQ) which is part of the typical FAA two-step process.
Administration was proposing the use of the RFQ and when proposals are received,
KENAI CITY COUNCIL MEETING
1 DECEMBER 16, 1998
PAGE 18
they wanted to have a selection committee review the proposals. The selection
committee make-up would include representatives from administration and an
Airport Commission and they would review the qualifications of the individuals who
submit proposals. Those who the committee feel have the qualifying experience
would then be asked to submit actual proposals to implement the program
described. The proposal then selected would have a contract negotiated with that
proposal. He added, this was the same process FAA required to do the Airport
Master Plan.
Measles noted the RFQ referred to a "qualified airport consulting firm." He asked if
this would eliminate any individuals from applying. Airport Manager Atha stated it
would not limit anyone if they had the qualifications. Atha suggested changing it to
say firms and/or individuals, consultants.
Measles added, it appeared to him the request was being expanded from the original
intent by looking at other options for the existing airport. He noted, he thought the
council was looking at one specific potential opportunity. Ross stated he was under
the impression council wanted to look at the broad gamut of what would be available
for airport development, either in its present location or if the airport were relocated.
Measles stated, his concern was the RFQ was very broad and could take a lot longer
time to make a choice than the narrow approach they started down when the
discussions began last spring.
Ross stated, when the firm/individual who are qualified to do the work are
considered, he believed the city would be better off choosing a firm with local
experience in Alaska to give a report where they see commerce in Alaska going. He
added, he thought they were looking at what the commercial opportunities available
in the future for the city are without restriction to one specific scope of commerce.
He agreed, the proposed RFQ was wide open, but it is a survey -type request and he
did not anticipate it would be a long project.
Williams stated, he felt there must have been something he missed out on in the
whole process. He added, he personally removed the completion date on the matter
that would have coincided with his next visit to Washington, DC as there was no way
it would get done. He continued, the matter had dragged on and on, there had been
hearing after hearing, and discussed what council wants to do and not to do.
Williams referred to the minutes of the November 18 council meeting and read
"Councilman Measles moved that the council direct the administration to proceed
with an RFP for professional services contract using the first four or three items of
the Scope of Service on the previous contract as a basis." Williams continued, he
believed that's what was done, however this was not an RFP, it was a request for
qualifications of an aviation consulting service and that meant if the council goes out
for a request for qualifications, there will be a lot of qualifications to review. He
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 19
added, he did not want to hire a major firm as the city has dealt with in the past, to
do this kind of work as he believed a major firm would cost more money to do the
same work and not as good of results would be garnered. Williams added, he was a
bit unhappy the matter had not proceeded faster and further, but stood by the fact
nothing would get done in Washington, DC this year. He added, he believed it was
up to the council to decide whether to move ahead, and if so, to direct administration
to move ahead now in the manner they want it to be or forget the whole thing and
drop it. Williams noted, that was not something he wanted to do as he was looking
at 20 years to the future and wanted to see if there is an opportunity to move in that
direction.
Ross explained in going after the RFQ, administration was attempting to put the RFQ
into the FAA's processes. He added, he did not anticipate there would be an
extended period in finding qualified firms. Ross continued, it was administration's
intent to send the RFQ out, get recommendations from the State Aviation Division on
several firms they felt would be beneficial to he city, target the RFQ specifically to
them as well as making it general, look at the qualified people and then narrow it
down to those from which they wanted proposals submitted. La Shot stated,
normally 30 days is given to develop their statement. Williams suggested it would
March before all that would be completed. He added, he was concerned because the
matter had been in the mill for months and months.
Bannock stated, if he was reading it correctly, the idea and action council intended
to get out of the RFQ would be a list of people who the city would then go to RFP
exclusively. Ross stated, out of this process, there may only be one individual/firm
which the city would request a proposal or the committee may find there are two
qualified entities. Those individuals/firms would then be requested to submit their
proposals on how they would go about doing the work. The committee would then
pick the best proposal received and negotiate a contract. That phase should go fairly
quickly -- it wouldn't be like re -advertising an RFP as they will be requesting
qualifications and those the committee finds they are interested in, they will request
those to submit their ideas of how the services would be performed and then enter
into a contract with the one selected.
Bannock stated he understood the proposal, but remembered the council was taken
to task for doing that very thing by selecting who it was from whom they would take
their information. If the result of the RFQ is "Joe's Airport Consulting Firm" and the
city goes to "Joe's" and give them the list, wouldn't it be the same as what people
complained about the city doing in selecting one person in that the whole plate was
not asked to give their version of the city's desires. Ross answered, he didn't think
the criticism was necessarily fair before because the Code allows negotiation with
someone who is qualified for specific work. This is an accepted procedure in the way
FAA prefers professional services are requested, i.e. getting a request for
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 20
qualifications and interest, see who responds, decide who it is thought could do the
best job, then ask that firm/ firms to submit proposals on how they would do the
work, and then pick the firm and negotiate with them for a contract. Ross added,
this would still be an equitable process.
Williams stated he could virtually guarantee he would be against the findings when it
comes back to council because there are few and limited numbers of firms that could
meet the statement of interest being requested. He added, he felt it was a set-up to
move toward failure of the project. Measles agreed and added that by broadening it
out, you don't have to be an airport expert to do the first phase of what council
originally set out to do when the process was started almost one year ago. He added,
he thought they were "blowing in the wind" with the matter and that they should
either move on and get something done quickly or drop the whole thing. Measles
noted, he did not want to deal with the mater for the next two years.
Bookey noted, the difference in the time frame from going with this proposal and
going to a hard-core RFP was basically the same. Williams stated he didn't think it
rested in the time frame now as there was plenty of time with regard to the schedule
with the federal government which would be one year from now (next March) .
Williams added, he believed the issue was in the statement of the firms' interest and
qualifications. What was done was moving the process beyond a simple consultant's
report to council of findings requested and moved into the realm of a professional
consulting firm who by very nature of its being will charge considerably more for the
amount of work they do. He noted, the city has been in that twice since he was
mayor.
Williams referred to the RFQ and read what the statement should include, i.e.
complete resumes of the personnel, geographic locations where majority of work will
be performed, including information to indicate the firm's knowledge of the local
situation, a description of the firm, current workload, how the city's project will be
prioritized. Williams continued, maybe the questions need to be asked of a firm that
may be a large firm, but in his mind, it was never meant to be a contract to a major
world -class firm to answer the baseline questions council wanted answered. The city
wants only simple, baseline information from which to start.
Bookey stated he agreed with that except somebody was needing to be involved in the
project who has past experience or past involvement and he didn't know how to get
that information without asking these types of questions. Measles agreed with
Bookey, and added if he was a consultant considering the request, he felt the only
response would be from someone like Aries Consultants and if the city wanted to go
with someone like that there was an opportunity for the city a year ago to negotiate a
contract with Aries to add that to other work they were already doing for the city. At
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 21
that time, they would probably have done the work for half the cost as they would
bid this job to do today. Measles added, not only has a year been lost, but the price
probably doubled to get the work done.
Ross suggested to change the first sentence "...wishes to retain the professional
services of a qualified..." and add "individual" as well as change the language at Item
(1) and remove "firms"' and make it "A description of your specialized..." Ross
pointed out, making those changes would not omit taking proposals from
individuals. Ross continued, he has not had conversations with Aries as they were
not looking to them as the project could result in either validation or modification of
the Airport Plan which was done by Aries. He added, this was something brought to
him as a concern at the beginning. For Aries to take the contract, it would put them
into the position of not addressing their Airport Plan as objectively as another
consultant could. Ross continued, Aries may tend to defend the Plan which is not
what the city wants. The city wants to look for opportunities that may not have been
envisioned or may be in conflict. Ross added, there was no problem in modifying the
letter to reflect and encourage individuals to apply.
Williams asked how many times Aries had been in contact with any of the city
employees since this project had started. Ross answered, he had been contacted
once by Aries (some time ago) and he told them at that time (and advised council
they had contacted him) the city already had an individual with whom it was
negotiating for the services. Other than that, Ross continued, he had no other
conversations with them. La Shot stated Aries had not contacted him about this
particular project lately although they had called some time ago asking questions
about the project. Atha state he had not been contacted.
Williams requested council give administration direction as the draft was not
acceptable in the present state. He requested comments from council regarding
Ross' suggested changes and moving forward on the project. Bookey stated he had
no problem with the form of the RFQ at this time, but if council wanted to make the
changes offered, it would be acceptable to him. Bookey added, he would like to see
the RFQ finalized and set in motion.
Williams asked if council was agreeable to the proposed changes. He added, he was
somewhat taken aback because he thought there would be an RFP before council at
this meeting. Ross stated in addition to the changes in language encouraging
individuals to apply and they would be made. He noted Measles had earlier
comments regarding the scope of work, which he thought was in accordance with his
motion, and asked if Measles had suggestions for changes in those areas.
Measles answered, he didn't know how broad council wanted the RFQ to be. He
added, it appeared to be broad enough that whoever is negotiated with could take it
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 22
anyway they wanted. He continued, he was under the impression throughout the
original course, council was looking at one specific opportunity and it had nothing to
do with the Airport Master Plan as this would be something totally outside and
different from the existing Plan for the airport. Measles stated, he really saw looking
at the existing airport opportunities as something completely separate from the
commercial heavy cargo situation council began looking at a year ago.
Bookey asked Measles if he would be more comfortable if the RFQ would be limited
exclusively to a heavy cargo fueling program as he could see where that could
shorten the timeframe even more and allow a decision to be made whether the
project would go forward and bring down the cost. Measles agreed and added, that
was the intent -- to get a quick answer if the heavy cargo concept would be feasible
or not. If it is feasible, then council would decide what would be the next step. If it
is not feasible, the question would be over.
Williams stated he saw this project similar to that of when there were suggestions a
harbor be developed -- a consultant was hired, the answer was brought back (yes it
could be built, but no, it was not affordable) and that was the end of the discussion.
He added, this is what is needed for this project.
Ross suggested changes be made in the bulleted areas (underline = add, bracket and
capitals = remove) as:
First bullet: "...make an assessment of how future growth of heavy cargo
aviation in Alaska... "
Second bullet: "...to meet the projected growth of hea , cargo needs of the
industry."
Third bullet: "...Kenai Municipal Airport if the airport were to be relocated to
accommodate heavycargo operations [IN ITS PRESENT LOCATION, AS WELL AS
THOSE THAT MIGHT BE AVAILABLE IF THE AIRPORT WERE TO BE RELOCATED.]
Ross asked if council wanted it to be that narrow. Williams stated they were really
mixing the two and understood the need to include language for a municipal airport,
but if the municipal airport is defined as something that must be moved, there's a
whole other group of studies which will need to be done to accommodate that move
which would be what would need to be done to accommodate passenger service, car
rentals, etc. He added, those items really had no bearing on what they were
requesting in regard to the cargo airport.
Measles suggested bulleted items 1 and 2 were modified as Ross suggested, the third
bullet would not be required because the first two would answer the questions they
want to have answered. Williams suggested going with the shortened version in
order to get a vision of what the potential is for the project. Williams added, to move
from this point forward would be very costly.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 23
In order to clarify council's desire, Ross reviewed comments made; i.e. make the
modifications made in the first two bullets and delete the third. Measles stated yes,
and added, the changes would be in the first bullet ""...cargo, aviation in Alaska could
affect Kenai." and the second bullet, "...and Fairbanks Airports to meet that projected
growth." Measles added, if those proposing state they can meet all the future
requirements for the next 100 years and see no effect of this on Kenai, then project
will end. If they say it's worth pursuing and here's why, then council will need to
decide whether to hire a larger firm to take a further look.
Williams asked if council was in agreement. There were no objections or further
comments from council. Williams added, council would review the document again
at their next meeting.
ITEM I:
I-10 Mayor
ADMINISTRATION REPORTS
a. Convention Center -- Williams noted, years ago there was discussion
about building a convention center but due to economics of the State and the citizens
elected on a vote of eight to one, not to bond to build a convention center, it didn't
proceed. He continued, there may be a potential for a private investment group to
consider building a convention center in Kenai. Williams noted, he talked with the
city manager recently about the FAA lands and the clean-up effort there. Williams
requested permission of council to talk with the investment group and do some
preliminary cost analysis. He added, the group will be surveying the number of hotel
rooms available at present, decide how big a center would have to be, and build their
own hotel to fill in the gap between the present rooms and the number of rooms
needed to take care of convention goers.
Williams continued, in building a convention center of that size, they will need to
become the exclusive operator and servicer of the convention center with regard to all
catering, etc. He added, there were some tax breaks they are requesting as well.
Williams noted, he informed the group they would have to negotiate tax breaks with
the borough as well as the city. He added, the group is requesting a ten-year
moratorium on property taxes. If the corporation sells within the first ten years, at
the time of settlement, all taxes are paid retroactive from the beginning, interest free.
Williams asked council their philosophies as to growth in the tourist industry and
whether it would be appropriate to invite the group to Kenai and investigate costs,
etc. Bookey asked if the ten-year moratorium on property taxes would be on the
convention center or the full facility. Williams answered, it would be on the full
KENAI CITY COUNCIL MEETING
\� DECEMBER 16, 1998
PAGE 24
facility, however he indicated the city probably would not be interested in selling the
property, but would prefer leasing it and the group would have to pay the six percent
lease cost. He added, he also told the group there would be no ten-year moratorium
on the sales tax issue and would expect to collect sales tax on all the sales and they
had no obj ection to that.
Bookey stated he was concerned about the ten-year moratorium on property taxes.
Williams stated, the viability would not be known until it is investigated. Bookey
added, there are four hotels in Kenai presently who are not in the best financial
shape. With adding a fifth one with a tax exemption, how would that be justified.
Williams answered, when they do the survey and they find only 500 rooms would be
needed to service the convention center and there are only 250 available, they would
build a 250-unit hotel. The other rooms would be available through the other hotels.
Williams added, this would offer more room nights for the other hotels without an
outlay of additional capital. Bookey stated he would like to discuss this further at
the next council meeting.
Ross suggested Semmens and Graves also research whether the group's request for a
moratorium on taxes would qualify with the borough. Williams stated, he didn't
anticipate the borough ordinance as presently written would apply and was why he
said this would be an issue which would need to be dealt with between the city and
borough with a whole new issue of taxation be created for this program. Williams
added, in the past moratoriums were given to heavy industry and they are interested
in expanding what is allowable for tax moratoriums into tourism industry.
Bannock stated, when council was investigating a similar moratorium for ESI, it was
found there was no ordinance in the Code like the borough. Graves noted, the city
code did not have that inclusion. Bookey referred to Williams' comments about tax
moratoriums for heavy industry and added, at that time it was all industry with no
competitiveness. This would involve four existing hotels with which the new facility
would be in competition. Bookey added, he understood bringing more industry to
town and could help make the existing hotels more successful, and felt it was an idea
worth considering, but would not want to make a decision at this time.
b. Internet Business Investigation -- Williams reported, when he
attended the NLC Conference there was much discussion about electronic commerce
industry throughout the country. Williams estimated approximately $6 million of
electronic business was done on the Peninsula in the last year. He added, during the
conference they discussed how electronic commerce will hurt the community in
regard to lost sales tax.
Williams asked council if they had objections to developing a short-lived committee to
discuss electronic commerce, how it will affect sales tax, whether the city wants to
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 25
support installation of fibre -optic cable, how this type of business will affect job
availability, etc. He noted, the committee would be made up of representatives from
UPS, Fed Ex, community suppliers, etc. and would be a volunteer group. Costs to
the city would include secretarial support, minute preparation, etc.
Smalley stated the idea had merit and encouraged council to proceed with the
committee as it would impact the future planning for the city. Measles stated he felt
it would be worth investigating, but what suggested the Chamber of Commerce
Economic Development Committee undertake the investigation instead of forming a
new committee. Williams stated, he would look to that group to furnish the
membership to the committee, but would like to tunnel their vision on this item
specifically.
Williams noted, there has been discussion between the Fire Department, ESI and
Challenger regarding a mutual central production center for programs that can be
sent out over the Internet for which costs could be shared. This could be an area
investigated by the committee. Williams requested help from council to identify the
elements to put into the work.
Council had no further comments or objections. Williams stated he would get in
touch with the Chamber's Economic Development Committee.
C. All -America City Anniversary Competition -- Williams reported there
would be an All -America City competition/anniversary reunion June 24-26, 1999 in
Philadelphia and the city had been invited to participate. Williams suggested
withholding participation until the Year 2000. He explained, the criteria for receiving
the All -America City Award is review of the best three projects presented by the
entrant. He added, he wanted to wait until 2000 in order to use the ARFF,
Challenger and the Public Health Facility. He suggested the next budget include
funds to cover the costs involved.
d. Congress of Cities -- Williams reported the conference would be held
from March 6-9 in Washington, DC and he planned to attend. While in Washington,
he would meet with the congressional delegation to discuss the cold water recovery
school as well as other issues.
e. T-33 Park -- Williams complimented the Parks 8. Recreation
Department for their efforts in decorating the buildings, etc. and noted the lights on
the T-33 had been blown down from the wind. Williams requested they be put back
up. Director Frates stated he had requested Public Works to help in doing that, but
until now they had not been able to due to their snow removal responsibilities.
� I-2. City Manager
-_y KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 26
a. Lot 5, Walkowski/Deland Subdivision -- Ross explained, Will Jahrig
approached him regarding this property which he had been leasing and is now
interested in purchasing. (The lot was the small triangular piece of land which was
cut off when Beaver Loop was realigned into Bridge Access Road.) Ross noted, in
1992 council passed an ordinance declaring this property not needed for public
purpose and in May, 1992 a resolution was passed which found the property was
such a small and irregular size and shape that it was of no value to the city and
could not be developed (not enough room with setbacks, water/ sewer, etc.) and
stated it could be sold to the adjacent property owner, Jahrig. The sale was
authorized at that time, but did not proceed.
Ross continued, Jahrig was now interested in purchasing the property and presented
an appraisal for the property which was reviewed by administration. Based on the
city's past appraisal, a second appraisal will be ordered. After review of the second
appraisal, a decision would be made to go with the city's appraisal or negotiate a sale
price with Jahrig. That sale price decision would come back to council in the form of
a resolution which would reiterate council's 1992 position and proceed with the sale.
Ross asked council if they had any issues or facts of which they were aware
surrounding their prior decisions of which he was not aware. Williams asked if there
was any possible way a building could be built on that piece of ground. Ross
suggested if there was room, it would be for a very small building. There would be a
problem in placing a well and septic and getting the lot approved. Williams stated he
asked to see if there was some way to shortcut the process as there would not be
enough room on the property to build anything substantial and the adjoining
property owner could make use of the property. Ross stated it would return to
council as a resolution with a price either from the appraisal or a negotiated price,
but was curious if there was any additional information council had in regard to the
property and their prior decisions.
Williams suggested administration review the utility right-of-ways and reserve the
area needed if it would go down the road on that side of the road. Ross noted, the
utility easement there runs perpendicular to the road and not parallel on that lot and
took out a fairly large piece of the triangle (on the property) for that easement.
Bannock asked what Jahrig's appraisal was and Ross answered, $4,000 which he
felt was too low and chose not to accept it. He added, the appraisal was done locally.
Ross noted, administration had requested an estimate for the new appraisal. The
1992 appraisal set the worth at $9,800. Administration was requesting an appraisal
review -- reviewing the 1992 appraisal and Jahrig's appraisal so that a negotiated
price can be set.
KENAI CITY COUNCIL MEETING
DECEMBER 16
1998
- PAGE 27
There were no objections to proceeding with the appraisals and Ross was directed to
proceed.
b. Police Grant -- Ross reported the Kenai Police Department had
received a notification of award for a $75,000 grant to partially fund an officer's
position over the next three years. The award is contingent upon the city agreeing to
the local match and including the amounts in the budget. Ross continued, he
wanted council to be aware of the grant award because there may be a press release
from the federal government.
C. Mission Street Utility Relocations -- Ross reported he met with
property owners along Mission Street, as well as Kornelis to discuss a plan for
alternative water/sewer service for the residences that will not be subject to
destruction by erosion. He added, the plan will come to council in January. The
matter will also come to council during budget for removal and relocation of the
services.
d. Holiday Closures -- Ross reported the some of the city offices will place
notices that they will be closing at noon on Christmas and New Year's Eves.
e. Modified Aviation RFQ -- Ross reported he will have copies of the RFQ
available in the Clerk's Office on Monday for anyone who wants to review and
comment.
Moore asked if the Airport Commission would have to review the RFQ. Ross stated,
he did not have the document forwarded to the Commission for review because there
would be a member of the Commission on the committee to review the submitted
proposals. When asked, Measles stated he saw no need for it to go to the
Commission for review.
I-3 9 Attorney
Attorney Graves reported the hard copy of the new Kenai City Code had been
received. The CD Roms and electronic version for the home page will be ready for
mailing and placement on the website by December 23 or shortly thereafter.
I-4. City Clerk
a. AML Dues -- Clerk Freas referred to a copy of the bill for 1999
membership dues to AML which was included in the packet. Freas noted the bill was
for $6,660 and council had included $6,000 in the budget to cover the cost. Council
directed the bill for the dues be paid.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 28
b. Planning & Zoning Commission Training -- Freas reported she
received a cost proposal from the consultant and DCRA representative she had
contacted at council's request in regard to training for the Planning 8. Zoning
Commission. She noted, the cost estimate was $4,775 and added, there would be
funds available in the Legislative Professional Services budget from the amount
placed there for lobby services. Freas reviewed the topics to be covered and
reminded council of the suggested dates discussed in a previous meeting. Freas
requested direction as to the dates for the training.
Bannock stated he was concerned that an expert would teach the members of the
Commission how to be good commissioners. He suggested the training be done
administratively in-house as to the rules the City of Kenai Planning 8. Zoning
Commissioners can and cannot do, considerations, etc. Bannock added, he was
concerned the consultants would instruct the city's commissioners how to do
planning and zoning, what would be good and bad decisions, etc.
Williams asked if council had not discussed having some parliamentary procedure
training as well for all the commissions. Freas answered, it had been discussed,
however at the time it was thought to keep the two separate due to the complexities
of planning and zoning.
Discussion followed and council determined they would prefer the training be done
in-house in February after the third appointment to the Planning 8s Zoning
Commission is made. Freas was also asked to contact the Commission as to the
scope of training they would like.
I-5. Finance Director
Semmens reported over the past year, several inquiries asking when the city would
allow making direct payments for water/ sewer bills through the electronic banking
system. In investigating the question, Semmens added, he found the software the
city uses to make direct deposits of payroll checks is the same software used to make
direct payments.
Semmens noted, a copy of the direct payment authorization agreement was included
in the packet for council review and added, unless council has objections, they would
proceed with the direct payment process. No objections were stated.
I-6. Public Works
a. Kornelis reported the status of the city's STIP projects; i.e. Overland
and boat launch road and parking, and the Birch Island Interpretative Site. Kornelis
noted, the city's projects made it through the regional cuts and were reviewed by the
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 29
state. He learned from the state, the Birch Island project scored very well in the
statewide review; the Overland project (Mission to Main Street) scored better; the
boat launch road and parking was not scored. Kornelis explained, it was not scored
because under the ISTEA Program, there was a special clause for Alaska that allowed
funds to be used for local and minor collector roads. This clause had been omitted in
the new STIP-21 program. DOT believes Senator Stevens will have that changed.
Until the clause is included, they won't score the minor road projects.
Smalley asked if it was corrected, would those projects be scored as if they were
submitted this year or wait until next year. Kornelis answered, DOT stated they
would be scored as if they were submitted this year.
Kornelis added, DOT reported the STIP 2000 program will actually be released in
January for public review and comment. After that, there will be a time for the city
to comment.
b. Kornelis reported he had finally received an estimate for placing the
new street lights which were budgeted for this year. This year the city has written to
the residents in the area of where the new street light is to be placed and asked for
comments.
Measles requested Kornelis contact DOT regarding the sequencing of the street light
at Spur and Forest Drive. He noted, the red light for Forest is very long, even when
there is no traffic in sight on the Spur. Bookey stated his concern the city's street
lights late at night are not consistent, i.e. some flash yellow, some flash red, etc. He
suggested they be changed to be consistent. Council agreed.
Smalley reported the snow removed from the Kenai Middle School is piled very high
along Tinker and some is falling into the streets. Exiting the parking lot of the
school is dangerous due to lack of visibility, etc. Smalley asked if the Borough could
be encouraged to have the snow contractor to haul the snow off.
Williams reported the street light across from his office on Willow was not working
properly.
I-7, Airport Manager
Measles noted some time ago Atha had reported an aircraft manufacturer had
expressed some interest in moving an operation to Kenai. He asked if they had been
in touch of late. Atha answered he had talked with them a few months ago, but not
since then. Measles added, he had heard the company was real close to having a
plant based in Eagle River. Atha stated he would contact the company.
-- KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 30
ITEM J: DISCUSSION
J-11 Citizens
Debbie Sonberg -- 410 Cinderella, Kenai. Stated she would like returning
items on the agenda be titled consistently in order to better recognize them. Sonberg
added, she was relieved to see some of council/administration confused in their
discussions as to what had gone on in the past, what had been decided or not, etc.
as she and others have been confused in the past. She added, she appreciated the
patience shown for her and others as items have been brought to council.
Sonberg continued, at the Airport Commission where there was a large public
discussion on the former contract, the chair of the Airport Commission stopped those
making comments and corrected them stating, it was not an air cargo project but a
local airport matter. She added, those in the audience let the chair know that from
the very beginning they had seen that term used. Sonberg noted, council again
discussed the matter at this meeting and it was now back to being clearly stated as
an air cargo issue. She added, the matter had not only been confusing to the general
public, she believed, but to some commissioners and council members.
Sonberg noted at one of the Planning & Zoning Commission meetings, Kebschull had
requested the Commission to advise her of date and topic suggestions for a training
session.
C. Bob Peters -- Old Towne. Peters noted, he had come to council during
their last meeting looking for some uniformity in the voting powers of student
representatives to the city commissions (Parks & Recreation and Library). Peters
asked if any decision had been made in that regard. Williams answered, as he
understood it, to give student representatives voting powers, by ordinance a change
would have to be made to the make-up of the boards, commissions or committees.
Williams added, he was not sure he would want to have a voting student member on
some of the commissions, committees and boards because their longevity on the
entity is short, they do not have a lot of memory of actions taken in the past, the
history needed to arrive at decisions, etc.
Peters added, he had discussed the matter with City Attorney Graves and knew they
are advisory commissions and the vote is pretty meaningless as matters come back
before council for a final decision. He noted, if he was a student and volunteered
time to a commission, it would be more fulfilling if they were able to vote on matters
brought before the commission.
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 31
Peters noted, the Parks & Recreation Commission had always had a voting student
representative. The Library Commission also had a student representative, however
it was not a voting membership. Peters asked if the Library Commission had the
ability to give their student representative voting powers or the Parks & Recreation
Commission to remove voting rights from its student member. He noted, he was
looking for uniformity for all.
A brief discussion followed and it was determined the matter should be included on
the next agenda for further discussion.
J-2. Council
Bookey -- Councilman Bookey wished Representative -Elect Smalley the best
of luck while in Juneau. Bookey also thanked the street crews for their excellent
work in removing snow. He noted, he had not had one complaint phone call through
all of the snow days. He requested Kornelis pass the message on to the street crew.
Moore -- Wished Smalley good luck in Juneau.
Measles -- Wished Smalley good luck in Juneau. Measles also reported he
would not be in attendance at the January 6, 1999 meeting.
Bannock -- Bannock also passed his compliments to the street crews and
wished Smalley best of luck.
Smalley -- Thanked the council, city administration, and employees to allow
him to serve on the council. Smalley added, he would miss the council but was
looking forward to his position as state representative. He noted, there have been
some major changes during his tenure on the council and there will be more in the
future.
Smalley also noted he had not received any complaint calls in regard to the
snowplowing. He added, the crews were doing a fantastic job.
Williams -- Wished Smalley good luck in Juneau and also thanked the street
crews for their snowplowing efforts.
EXECUTIVE SESSION - None Scheduled
KENAI CITY COUNCIL MEETING
DECEMBER 16, 1998
PAGE 32
ITEM K.
ADJOURNMENT
The meeting adjourned at approximately 10:47 p.m.
Minutes transcribed and prepared by: fXPRO: ��F J)
Of
Carol L. Freas, City Clerk DAB
CLEW