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HomeMy WebLinkAbout1997-05-21 Council Minutes• • 0 A* B. C. RENAI CITY COUNCIL - REGUM NESTING NAY 21* 1997 7100 B.M. RSNAI CITY COUNCIL CRMSR bttp://Wnnt.Renal.net/oity 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. BCZSDULED PUBLIC CO1C[B M (10 Minutes) 1. Bruce Phelps, Planner, Division of Lands - Draft Kenai River Comprehensive Management Plan, 1. Ordinance No. 1740-97 - Increasing Estimated Revenues and Appropriations by $11,800 in the Animal Shelter Capital Project Fund for Updating the Animal Control Shelter Contract Documents and Administration. 2. Ordinanoe No. 1741-97 - Increasing Estimated Revenues and Appropriations by $650,000 in -the- General Fund for Repair of the Public Safety Building Roof. 3. Resolution No. 97-25 - Electing to Participate in the Retirement Incentive Program (Program), Chapter 4 First Special SLA.1996, and Authorizing the City Manager to Enter Into an Agreement with the Administrator of the Public Employees' Retirement System (PERS) to Fund the Cost of Participation in the Program. 4. Resolution No. 97-26 - Transferring $6,475 in the General Fund and $2,250 in the Airport Land System Special Revenue Fund. 5. Resolution No. 97-27 - Transferring $3,873.12 in the General Fund for Consulting Services for Police Records System. -1- 6. Resolution No. 97-28 - In Support of Developing the North Pacific Volcano Learning Center on the Kenai Peninsula. 7. *1997/98 Liquor License ReneMal - Rainbow Bar/Beverage Dispensary. 8. *1997 Liquor License Continuance Nrotest - 11IT8DR711nW . a. Casino Bar, Inc. - Beverage Dispensary b. American Legion Post #20 D. COSIISBION/COMMITTLI. REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beaftification Committee b. Historic District Board c. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report • Be NINO-TEO 1. *Budget Work Session Notes of May 1, 1997. 2. *Regular Meeting of May 7, 1997. g• = AV8INE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1742-97 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1997, and Ending June 30, 1998. 4. *Ordinance No. 1743-97 - Amending the Kenai Municipal Code to Prohibit the Issuance of Additional Kennel Facility Permits in Certain Zones Within the City Limits. 5. *ordinance No. 1744-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b) to Include the Definition of "Cabin Rentals." -2- 6. *Ordinance No. 1745-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b)(36) to Change the Definition of "Guest Room" to Allow for One or More Persons. 7. *Ordinance No. 1746-97 Increasing Estimated Revenues and Appropriations by $2,3281,000 in the Taxiway Extension North Capital Project Fund, S. Approval - Petition to Vacate the Full 60 Foot Width of That Portion of Killdeer.Court Public Right -of -Way and. Associated Utility Easements, Lying Between Block 41 Highlands Subdivision (Plat 1542, Kenai Recording District) and the Kenai Spur Road. Within section 8, TSN, R10W, S.M., Alaska in the City of Kenai. 9. Approval - Special Use Permit - Donald Wright/Batting Cage at the Kenai Park Strip Softball Fields. 10. Discussion - Handi-Capable Park and Trail/Kenai Lions Club. 11. Discussion - Kenai Peninsula Borough Quarterly Report of Key Economic Indicators. 16 12. Discussion - Preparation of Goals and objectives •EZZOITMITZ BES81 - Evaluations of CityClerk and City Attorney. Y Y 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. p=eevselox Re • 1. Citizens (five minutes) 2. Council -3- • REMAI CITY COUNCIL - REGULAR MEETING MAY 21v 1997 • 7:0o B.M. KENAI CITY COUNCIL CHAMHSRS http $ / /WWW0 Raaai. net/city MAYOR JOHN J. WXLLIAMS v PR35IDING Mayor Williams called the meeting to order P.M. in the Council Chambers in the Kenai A-1. PLEDGE OF ALANGI CE at approximately 7:01 City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-Z. ROLL CALL Roll was taken by the City Clerk. Present were: Moore, Measles, Bannock, Smalley, Williams, Bookey, and Swarner. A-s. Mayor Williams requested the following changes to the agenda: 8-1. Persons Scheduled to be Heard - Handout from Bruce Phelps regarding Kenai River Spacial Management Area Comprehensive Plan. R-10# Discussion - Lions Club Handi-Capable Park - Williams requested this item be moved to B-2. 8-13, Approval - Draft letter to Department of Health and Social Services supporting congressional funding for a community health center for the Kenai Peninsula. Information item No. 6 - 5/15/97 letter of appreciation from Marti Greeson of Mothers Against Drunk Driving (MADD) regarding DWI enforcement. Information Item No. 7 - Resource Development Council for Alaska, Inc. meeting notice. MOTION$ Councilman Smalley MOVED for approval of the regular agenda as amended and requested ONANIMOUS CONGENT. Councilwoman Swarner 82CONDRD the motion. There were no objections. 80 ORDERED. A-6. 0 There were no changes to the consent agenda. • • REEIAI CITY COUNCIL MEBTING MINUTES M!►Y 21, 1997 PARE 2 NOTXON: Councilman Smalley LOVED for approval of the consent agenda as presented. There were no objections. 80 ORDERED* B-10 Bruce Phelps, Planner, Division of Lands - Draft Kenai River Comprehensive Management Plan. Mr. Phelps referred 'co information included in the packet as well as material distributed at the beginning of the meeting. The information included comments made in regard to the Kenai River Comprehensive Management Plan Draft from commercial fisherman and public hearing input. Phelps explained, the Alaska Statutes required the Advisory Board to develop the Plan. The Plan was originally adopted in 1986 and used as a park plan for state parks. The Plan focuses on habitat • protection and recreation. Kenai River Special Management Area (KRSMA) is a legal entity. Now, the Plan includes the water column of the Kenai River from Warren Ames Bridge to Kenai Lake. The update of the Plan began approximately two years ago due to changes in habitat (bank degradation, dune damage, etc.) and increasing pressure on the water column from the use of boats on the river. Phelps continued, the KRSMA Board went through a long process to update the Plan. They tried to get an idea of what people thought about the use effects on the River and tried to match their rulings with those concerns. They held goal -setting meetings (Anchorage and Soldotna) and from the information garnered, the Board decided on how to deal with a variety of issues and included them in the Plan which was published for public review. The draft was available for review for 60 days which resulted in the receipt of extensive comments from individuals and organizations. Sensitive issue areas included: 1. Recommendation of prohibition of jet skis on Kenai Lake; 2. Additional areas of water and land should be included in the Plan (Moose Pass and Cooper Landing); 3. Adding additional water areas to the Plan (tributaries to Cooper Land); KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 3 4. Extending the lower River boundary to the mouth of the river. 5. Limit of sport fishing; 6. Prohibition of rental boats; 7. Concerns of restrictions on the Lower River from the seafood processors and Cook Inlet fishing fleet. Phelps stated most of the issues had been resolved and will be included in a response summary. Phelps noted his responses were on Page 33 of the information distributed. The underlying tone was that there were concerns about the expansion of the KRSMA boundary and that some insurance that industries would not be disadvantaged as a result of the changes was needed. Phelps stated he had City Engineer to Shot review the recommendations and concerns raised and they sent out copies of the information to the people who attended the meetings. No responses had been received in regard to the suggested changes. qD Phelps reported the KRSMA Board would be taking action on the recommendations at their June 5 meeting and will review the responsive summary and staff recommendations. The Plan will also go to the Kenai Peninsula Borough for adoption as they have a large interest of privately owned land along the River. Upon that review, the draft will go to the DNR Commissioner for adoption in mid to late June. They will want all state and federal agencies to adopt the Plan through a Memorandum of Understanding which will be prepared for their signatures. Mayor Williams explained, the city had been dealing with this subject for many years. A study was done in about 1993. In the mid -eighties, he testified to the Legislature that the City knew what was best to do with the lower river and urged the Board not to include the lower river in the KRSMA. He added, the city had large concerns in regard to the lower river as it affected the economics of the city, i.e. fish processors, fishing fleet, etc. Williams noted this was the first recent council meeting at which the Plan was discussed. He was concerned with the limiting of River use from June 15 through August 15 as it would limit use/operation of canneries, which is an extremely important industry as a tax base to the city. Williams continued, he saw the Plan as another attempt of a regulatory agency to bring their authority into the city. If KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 4 council agrees with his opinion and concerns, he suggested a letter be written opposing the inclusion of the lower River into the Plan. Ross explained he, La Shot and Attorney Graves review portions of the Plan. Their concern was that the Board would address the recommendations and make final revisions, but the Plan would not come back to the governmental bodies for comment. Ross added, he believed that to be very unfair to ask a body to take a stand on a study not yet finalized and that the body would not have the opportunity to comment on the final draft before it goes to the Commissioner for approval. Phelps stated he would suggest a two - to -three week comment period after the Board has made its revisions allowing for the governmental bodies to review it again. Ross suggested a thirty -day period for review due to meeting schedules, etc. Phelps stated he would bring the city's concerns to the Board" during the June 5 meeting. Councilman Smalley reported the Planning & zoning Commission reviewed the Plan and had many of the same concerns. Smalley noted, the issue the Plan does not discuss is subsistence or dipnet fishing. Councilman Bookey noted, the Harbor Commission recommended the lower river be excluded from the Plan and he supports that recommendation. Phelps stated, they were trying to recognize concerns of economic uses of the river to the city. His interest is not to affect that balance. If something was missed, he asked that council report that information to him. The Plan was written in order to recognize the existing uses and the potential of expansion. They believe that will make the permitting process easier for the agencies. He continued, his responsibility is to respond to what the public says and that is to treat the River all the same. He is willing to consider different wording to give additional assurances and he will pass on the concerns of council and note they do not want the lower river included.' Williams noted Phelps• comment that the city did not have the ability to enforce the lower river. He disagreed and referred to Title 29 which gives the city the ability to rule itself as a home -rule city. Additionally, the city, by patent, owns the bottom of the river and has the ability to close the dipnet fishery within the city, noting the dipnet fishery had financially damaged the city. 0 Williams suggested council direct administration to prepare council's comments in a letter to the Commissioner stating the KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 5 city was opposed to bringing the lower river into the plan as it is not a habitat area and the industry within those five miles is not detrimental to the habitat. Councilman Measles suggested the letter oppose the inclusion of the lower 12 miles of the river in the Plan. Bookey agreed, stating removing the lower 12 miles would exclude the city completely. Swarner stated she echoed the comments made and wanted the letter to include the concerns of the damage caused by dipnet fishing. Councilman Bannock stated he wanted to exclude as much of the lower river as possible. He added, he was tired of agencies ignoring the city as far as controlling itself. Williams noted, the council has very big concerns about the lower river. It knows the river well and has been dealing with the same questions for 20 years. It has seen the decimation of the sportfishing/dipnet fishing industry and its effect on the economy. The council has also seen the position the city has been placed in to find other monies to finance its operations. Williams continued, he believed administration had a clear idea of what council wanted included in the letter and if the letter didn't help, council would consider litigation to decide whether the city has the authority to control what has been patented to it. Ross requested Phelps to distribute the final draft and give a thirty -day period for review prior to it going to the Commissioner for consideration. BREAK TAKEN= 8802 P.L. BACK TO ORDERS 8:13 P.M. B-2. Disoussion - Lions Club Handi-Capable Park (Moved from H-10 on the agenda.) Phil Nash - Chair of Park Committee of the Kenai Lions Club. Nash reviewed the information included in the packet which explained the Club had been looking for an area within the city to develop a handicapped accessible park with picnic areas, trails and restrooms. The Club first considered a park area behind the Oilers' field and close to the golf course. In making their presentation to the Oilers organization, they received a lot of support for the development of the park. They also received comments of concern that the area behind the Oilers' field could be dangerous due to balls hit out of the ball park, as well as wild golf balls landing in that area. • KSNAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 6 They then considered a portion of the Municipal Park where a parking area and shelter was already available. Their hope is to develop an area off from the shelter, using the shelter as a hub. Nash continued, they presented the concept to the Parks & Recreation Commission and were told they had wanted to develop a trail system in that area and they felt the handicap -accessible area would work well into their plan. Nash noted, the city would be responsible for putting in more gravel to upgrade the existing parking area and to complete the existing path to the observation deck during the spring of 1997. Also, the city would provide technical assistance for the placement of the trails and front-end loader to move the gravel and a handicap -accessible port -a -potty to be placed in the parking area for summer access only. The Club would be responsible for all other labor requirements, handicap -accessible fire pits, picnic tables and benches and . eventually, placement of a 11curb" on the trails as a guide for the blind. Nash explained, the Club would be using funds made from their Rubber Ducky program. If approval is received from council, this year they would identify where the trails would be placed and finish the trail to the first picnic area. In the development of the trail and picnic areas, the Club would open up the bluff area, but leave enough growth to block the wind and to allow users to enjoy the outdoor experience with- safety. -The park - would not be used for overnight activities. Councilman Smalley stated he really liked the concept and there was need for one in the city. Williams noted, it appeared there was a consensus of the council that the city administration and Lions Club should continue to work out and develop the project. There were no objections. TT�I s PUHLIC BEARINaB Ordiaaaae No. 1740-97 - Increasing Estimated Revenues and Appropriations by $11,800 in the Animal Shelter Capital Project Fund for Updating the Animal Control Shelter Contract Documents and Administration. • KENAI CITY COUNCIL MEETING MINUTES • MAY 21, 1997 PAGE 7 NOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1740-97 ana councilman Bookev SECONDED the motion. There were no public comments. City Manager Ross reported a written response was received from FAA stating the city could use the airport property on which to build the new shelter and construct the shelter with airport funds in a lease back situation. Ross added, FAA prefers the lease -back situation so that the future needs of the airport are not limited. The bid packages will proceed. Depending on the bids received, council will decide whether to go forward with the project this year. Councilwoman Swarner noted she had received a compliment from a citizen in regard to the conduct of Animal Control Officer Godek. VOTE: Moore: Yes Measles: Yes Bannock: Yes • Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UMIMOUSLY. C-2. Ordinance Mo. 1741-97 - Increasing Estimated Revenues and Appropriations by $65,000 in the General Fund for Repair of the Public Safety Building Roof* MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1741-97 and Councilman Smalley SECONDED the motion. There were no public comments. Ross explained the bid came in at $131,000 which was over the projected amount in the budget. The roof leakage was from condensation and additional insulation is required. At this time there is only two inches of insulation, which is at least four inches less than other city buildings. Additional insulation will be placed. The low bid was $1311000 and the high was $13700000 Swarner stated she would have appreciated background information included in the packet noting the difference in the bids, need of additional insulation, etc. KEFAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 8 Ross explained, when the repair work was placed in the budget, the cost was estimated. Upon further investigation, it was found more insulation and work was required and the bids came in higher. Ross agreed additional information could have been included in the packet, but information was included during the budget process last year. Councilman Bookey asked if they would be removing the material. Ross answered, they would add three inches of insulation and a three-ply membrane. Also, the contractor would check the deck of the roof as they go. This is an asbestos situation which will escalate the cost of the project if the roof is opened more. Swarner asked if modifying the roof to be pitched was investigated. Building Official Bob Springer answered, yes at a cost of $150,000. He added, if that would have been an option he would have liked it to be investigated further. However, the time frame in which to do the work did not allow this type of modification. Swarner stated she would like to have that avenue pursued as a pitched roof could be better in the long run. Ross stated, the pitched roof information was from one source and the contractor wouldn't stand by the estimate given. Springer added, the pitched roof information was given over the phone and was a rough estimate. Ross added, the pitched roof was an option, but it was thought it would escalate the cost and delay the project until next year. Councilman Bannock stated he had heard the original plan was to re -roof. He asked if the roof surface was okay and if the condensation was coming from inside. Springer answered, the addition of the insulation would increase the "R" value and slow down the condensation process. Bookey asked if City Engineer La Shot had been involved or had they talked only with the roofing contractor. Springer answered, he discussed the project with three roofing contractors. He added, Hansen's Roofing and Peninsula Roofing were the two bidders. Swarner asked if the bids were the bidders had specifications Roofing was the low bidder. • detailed. Springer answered, yes, they had to follow. Peninsula KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 9 VOTE$ Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PRISSI9D UVANIMOIIBLY. C-3. Resolution NO. 97-25 - Electing to Participate in the Retirement Incentive Program (Program), Chapter 4 First Special SLA 1996, and Authorizing the City Manager to Enter Into an Agreement with the Administrator of the Public Employees' Retirement System (PERS) to Fund the Cost of Participation in the Program. MOTION$ Councilman Smalley MOVED for adoption of resolution No. 97-25 and Councilwoman Swarner BECONDED the motion. i Thee we re ere no public comments. Mayor Williams asked what the total cost to the city would be. Finance Director Semmens answered, for three employees, the total cost would be $1250,600. There would be a total savings over three years of $352,904. Williams asked if the city would save the $352,904 if the three Positions would stay vacant. Semmens answered, if two remained vacant. Moore: Yes Measles: Yea Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes NOTION PASSED UNANIMOUSLY. C-4• Resolution No. 97-26 - Transferring $60475 in the General Fund and $2,250 in the Airport Land System Special Revenue Fund, MOTION$ Councilman Moore MOVED for approval of Resolution No. 97-�26 and Councilman Measles SECONDED the motion. 0 There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES MAY 211 1997 PAGE 10 VOTES Moore: Yes Measles: Yes Bannock: Yee Smalley: Yes Williams: Yes Bookey: Yea Swarner: Yes NOTION PASSED ONANINOUSLY. C-5. Resolution No. 97-27 - Transferring $3,873.12 in the General Fund for Consulting Services for Police Records System. ' NOTIONS Councilman Measles NOVED for adoption of Resolution No. 97-27 and Councilwoman Swarner SECONDED the motion and requested ONANIMOUB CONSENT. There were no public or council comments. • VOTE: There were no objections. 80 ORDERED. C-6. Resolution No.°97-28 - In Support of Developing the North Pacific Volcano Learning Center on the Kenai Peninsula. NOTION: Councilman Smalley NOVED for adoption of Resolution No. 97-28 and Councilman Measles SECONDED the motion. There were no public comments. Councilman Moore asked if the funding sources had been defined. Economic Development District representative Aleja DeVito indicated the Volcano Learning Center was a separate corporation and the funding sources had not been identified. VOTE: There were no objections. SO ORDERED. C-7. 1997/98 Liquor License Renewal - Rainbow Bar/Beverage Dispensary. Approved by consent agenda. • KSNAI CITY COUNCIL MEETING MINUTEB MAY 21, 1997 PAGE it • 0 C-S. 1997 Liquor License Continuance a. Casino Bar, Inc. - Beverag b. American Legion Post 120 Approved by consent agenda. Council on Aging e Protest - NITBDRRWAL Dispensary Councilwoman Swarner reported the fireplace at the Senior Center was being remodeled, along with new wallpaper and carpeting. The costs for the projects were being funded by other sources than city budgeted funds. D-2. Airport commission Councilman Measles reported the minutes of the last meeting were included in the packet. Airport Manager Ernst reported the taxiway bid opening was scheduled for May 28. D-3. Harbor commission Councilman Bookey reported the Commission met on May 12 and the minutes of the meeting were included in the packet. Bookey added, the Commission also recommended the city should not be involved in the KRSMA Plan. Bookey also reported Richard Geiger of the Corps of Engineers gave a presentation in regard to what can and cannot be done to the Kenai River and what the city�s involvement would be. Geiger indicated he would be willing to work with the city and that a study needs to be done.. The study would cost $400,000 and any work to be done after the study would be with a 65/35 split of costs. Bookey noted the Commission informed Geiger of other studies that had been done in the past. However, Geiger didn't seem to be interested. Geiger through out safety concerns of the city in regard to the sloughing of the bluff, etc. When Geiger discussed dredging, the Commission stated that a 12" dredge would not do much. They also informed Geiger that it would be better to dredge the bar that crosses the river. KENAI CITY COUNCIL MEETING MINUTES MAY 211 1997 PAGE 12 D-4, Library Commission Councilman Moore reported the minutes of the notlast be attending the included in the packet. He added, he would next meeting scheduled for June 4. D-5* Parke a Recreation Commission Councilman Bannock reported the Commission had not met since council's last meeting. D-6. Planning i Boning Commission Councilman Smalley reported the minutesof the the 14 meeting ions taken were included in the packet. Smalley reviewed by the Commission which were included in the minutes. Smalley noted the Commission also discussed theKRSKA plan aniand their remarks agreed with those expressed by council Councilman Moore asked why the amendments was needed5 regarding • kennel facility permits in certain zone Smalley m been explained, the amendment was suggested because there h ad some minor complaints in Woodlandewhich had dbenexcluded from those the original ordinance. However,complaining complaining about individuals who did not l have Animpermits. Smalley noted, he suggested the complainants c ith their concerns as there is enforcement. D-7. Misoellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported a meeting was held last week and the minutes of that meetings estarteduded in workingthe on thekplantingrofr also reported, volunteers h flower beds throughout the city. D-7b. Historic District Board Councilman Moore reported a meeting was cis discussion regareld on dingdtheere was a quorum. There was an extended sign grant. The Board voted to reduce the size of the sign because of wind concerns onthe lf as lsthe savings. At this time, the Boardislookingforavolunteer to construct the frame of the sign. Moore added, the Board also discunsedtheir o lvement in Condit the Historic Conditional Use Permit and building permits for • s KENAI CITY COUNCIL MEETING MINUTES MAY 211 1997 PAGE 13 District Zone. The Board has not been involved with these permitting processes in the past. They will have more discussion on this subject in future meetings. D-70. Challenger Hoard Mayor Williams reported he attended a Board of Governors meeting in Anchorage last week. Also, a donation was received from AT&T Wireless. He and Kathy Scott will be meeting with the director of Alaska Science and Technology and the city's legislative delegation next week. They will discuss the terms of the soft intent language placed in the capital budget bill. Williams also reported Congressman Don Young will be in City Hall on May 30 from 11:15-12:30 and invited other council members to join them. Councilman Bannock reported Bill Popp was temporarily appointed as the Director of the Challenger project. D-74. Kenai visitors a Convention Bureau Board No report. D-7e. Alaska Municipal League Report Swarner reported, a Legislative Committee meeting will be held in Wasilla in August. Williams noted, the AML and KVCC are making arrangements for the AML Board meeting to be held in Kenai in August. ITEM It NAMES E-1. Budget Mork session Notes of May It 1997. Approved by consent agenda. E-2. Regular Meeting of May 7, 1997. Approved by consent agenda. None. • • 0 KENAI CITY COUNCIL MEETING MINUTES MA►Y 21, 1997 PAGE 14 None. =T gA XW BQBIHM H-10 Bills to be paid, Hills to be Ratified NOTIONS Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. R-2. Purchase Orders Euceeding $2,800 MOTIONS Councilman Smalley MOVED for approval of the purchase orders exceeding $2,500 and Councilman Measles SECONDED the motion. Councilman Bookey questioned the purchase of the absorption boom for the dock and asked if it would be stored at the dock. Public Works Director Kornelis answered yes, it•would be stored under the dock and would be for the city"s use. VOTES There were no objections. 80 ORDERED. R-3. ordinance No. 1742-97 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1997, and Ending June 30, 1998. Introduced by consent agenda. 8.4. ordinance No. 1743-97 - Amending the Kenai Municipal Code to Prohibit the Issuance of Additional Kennel Facility Permits in Certain Zones Within the City Limits. Introduced by consent agenda. • KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 15 E-5. Ordinanaa No. 1744-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b) to Include the Definition of "Cabin Rentals." Introduced by consent agenda. E-6. Ordinamoe No. 1745-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b)(36) to Change the Definition Of "Guest Room" to Allow for One or More Persons. Introduced by consent agenda. 2-7. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project Fund. Introduced by consent agenda. Approval - Petition to Vacate the Full 60 Foot Width of That Portion of Killdeer Court Public Right -of -Way and Associated Utility Easements, Lying Between Block 4, Highlands Subdivision (Plat 1542, Kenai Recording District) and the Kenai Spur Road. Within Section 8, T5N, R10W, S.M., Alaska in the City of Kenai. MOTIONS Councilman Smalley MOVED for the approval of the petition to vacate and -Councilman Bookey BECONDED the motion. City Engineer Jack La Shot reported the vacation came to the city•s attention through a homeowner with an encroachment problem. The right-of-way is now unapproved. He suggested the homeowner contact his neighbors in order to go through the vacation process. This would remove unapproved right-of-way that could be a long-term liability for the city. The vacation would put the property on the tax rolls and solve the problem of the. encroachment. The utilities that have used the right-of-way have a mechanism whereby they can retain an easement if needed. The lots affected by the vacation of the right-of-way have access from another city street as.they are double -fronted lots. Williams noted, from the information provided, Mr. Pace objected to the vacation. Williams asked if La Shot knew his reasons for the objection. La Shot and Smalley stated they did not know • Pace's reasons for the objection. • KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 16 VOTE: There were no objections. 00 ORDERED4, R-9. Approval - Special Use Permit - Donald Wright/Batting Cage at the Kenai Park Strip Softball Fields. MOTION: Councilman Bannock MOVED to Donald Wright for the right Park Strip Softball fields. motion. approve the Special Use Permit to to open a batting cage at the Kenai Councilman Moore SECONDED the Councilman Smalley questioned whether a rate was set and why the matter was not brought to Planning & Zoning. City Manager Ross explained a lease rate was established by using the rates for other parking lots on FAA lands. Bannock added, the Parks & Recreation Commission reviewed the proposal and unanimously • supported the program. Swarner asked if FAA had been informed of the proposal and if it is a temporary structure, can it be placed there. Ross explained the reviewed the current restrictions and determined the height of the temporary structure was within the allowable ranges defined by the FAA. He added, Administrative Assistant Howard talked with FAA in regard to the proposal. They are in agreement the structure was within the allowable uses of the land. Ross was asked if the lease rates were comparable to other commercial lease rates. Ross explained, the lease rate was determined through a comparison of the lease rate of the adjoining parking lot and the SouthCentral Air parking lot. Both are short-term, 90-day leases. The rate for the batting cage was set between those two rates. Ross added, only the land is being rented and the rate is in excess of the six percent of the $.75/sf charged for the adjoining parking lot, but is less than what is charged to SouthCentral Air. Bookey stated he had no problem with approving the proposal, if the city was not subsidizing the business. Ross stated, Wright would lease the property for four months this year. If there is a competing interest next year, an RFP will have to be effected. Bookey stated, he still had a hard time with doing this as he wanted anyone else coming in with a short-term business to be on a fair playing field. Councilman Bannock stated he believed that KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 17 someone else would be treated the same, with a proposal going to the appropriate commission and council making a final determination. Councilman Moore asked if the fee was a flat $500 for four months. Ross answered yes. The amount of area to be leased was 1,800 sf. Those using the batting cage would park in the area used for the softball fields. It was noted, language in the proposal discussed setting up a meter loop to furnish electrical power, operate lighting and pitching machines, but the permit noted a portable generator. From the audience, Donald Wright stated he wanted to make a pitching machine available for rental and the generator could be taken out to the field for batting practice. Swarner asked if there would be additional garbage from the operation. Wright noted he would be supplying his own barrels for garbage collection and would dispose of the garbage at the municipal transfer site. VOTE: There were no objections. 00 ORDERED. 8-10. Discussion - Handi-Capable Park and Trail/Kenai Lions Club. Discussed at B-2. Discussion - Kenai Peninsula Borough Quarterly Report of Key Economic Indicators. Mayor Williams reported a copy of the document was also distributed to members of the Economic Development Committee as an introduction to the local economy. Smalley noted the document was a good compilation of information. It showed the future was not bleak, but�that there was work to be done. Williams reported, a grant application was submitted to the Department of Commerce to cover one-third of the costs of the Committee's work, but the application was denied. He told the Committee, he would request council to change their original determination to fund one-third of the costs to one-half, to a maximum of $15,000. The question presented then was how the additional $15,000 would be collected. At that time, six attendees offered $500 each. KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 18 Williams asked council if they felt it would be appropriate for Chamber to take care of the banking, secretarial services, etc. and allow those services to be their in -kind donation, and the remainder of the funding to come through private sources. Smalley stated he liked the 50/50 grant and agreed the businesses in the community needed to step forward to help the endeavor. He added, he believed the city needed to revamp the city video and create a nice color folder to send out in regard to economic ventures of the city. Swarner stated she would like to challenge the business community to come up with the funding. She added, she would also like to challenge city department heads to look for other ways to better serve the citizens, i.e. different shifts (7:00 a.m. - 6:00 p.m. at City Hall) and find ways to better market their departments. She noted, the Library and Senior Center were already aggressively seeking funding. Bookey stated he didn't have a problem with the 50/50 split so that the Committee's work would become a reality. He added, he wanted to take Swarner's suggestion further and have the city departments be more user friendly toward the community by bending over backwards to give an extra ten percent, giving 110%. Williams asked if he could tell the Chamber that the city would continue with the maximum $15,000 and a 50/50 grant for the Committee support, with an in -kind donation from the Chamber as their portion. Council answered yes. Williams requested -Clerk - Freas send a letter to the Committee to the attention of Bob Favretto informing them of council's agreement. H-12. Disouesion - Preparation of Goals and Objectives Mayor Williams asked if council wanted to hire a facilitator for a goals and objectives work session or do it in-house. Councilman Measles stated he thought the determination of goals and objectives should be done with council and staff and no facilitator be hired. Swarner agreed. Council determined to schedule a work session at the next council meeting after reviewing the summary of the Kenai Economic Forum which will be presented at that time. H-13. Approval - Draft letter to Department of Health and Social Services supporting congressional funding for a community health center for the Kenai Peninsula. KENAI CITY COUNCIL MEETING MINUTES i MAY 21, 1997 PAGE 19 Councilwoman Swarner reported she had requested this letter to be written and sent to Pat Carr of the Department of Health and Social Services. She added, letters of support are needed to get help from the Governor to help the medically under -served population of the area. Swarner noted, Administrative Assistant Howard had been doing a very good job in attending the meetings and sending faxes. There were no objections to sending the letter. ITEM -11- AMTN38TPATION REPORTS Mayor a. Welcome to Kenai sign - Mayor Williams noted it had been suggested to him from a constituent that the "Welcome to Kenai" sign be freshened up with paint, etc. He asked Administration to find out how much it would cost to have it painted. Parks & Recreation Director Frates stated it was on his . list of things to do, but he was hesitant to have the summer crews to do the work. Williams noted, the sign had cost approximately $6,000 and he thought it would be a good idea to have it professionally painted. There were no objections from council. b. Housing initiatives - Williams reported the Kenai Peninsula Housing Initiatives, Inc. was hoping to become a recognized Community Housing Development Organization (CHDO)..in order to receive grants for the development of low and moderate - income housing that would be beneficial to the community. They have received a certificate of incorporation and have a board of directors. They are formulating good ideas and plans (home energy assistance, block grants, etc.), but are short of funds and are requesting memberships to the organization at different price levels. Williams requested council to consider a membership fee of $1,000. Williams added, he did not know how many homes would be built in Kenai, or how much funding would be available. The types of homes could be single and multi -family, as well as senior housing. Upon building the homes, they would be included on the tax rolls. Smalley suggested donating a lot on which to build a home, instead of making a monetary donation as the city has done with Habitat for Humanity, . He added he was concerned that if council • KBNAI CITY COUNCIL MEETING MINOTES MAY 21, 1497 PAGE 20 • 1�1 bought a membership, it would open the doors to a flood of other requests. Williams stated, the city did not have much real estate left life the kind of real estate they would be wanting. He added, he did not know if there was city foreclosed properties within the ten-year window. Smalley stated he would like the donation of property pursued before giving a monetary donation. Bookey agreed. Report of state Representative Mark Rodgins - Hodgins reported he was able to get some items in the capital budget for the next fiscal year. He added, he believed he would be more effective for the city if he was present during council's long-term planning. There were some funding requested for items which were a coiaplete surprise, i.e. a youth detention center ($2321500). Ross explained, the detention center was a Health and Social services (HSS) submittal on their portion of the budget. A request for funding for the center had been submitted several times through HSS for a short-term youth detention program. Ross added, this was not a project that came from the city. Hodgins noted, he believed, due to the amount of the funding, there was no building involved. He guessed the funds would cover only the planning. Hodgins continued, $1.4 million was included for the road projects. He added, he didn•t see the Forest Drive funds ($400,000) on the list, but thought it was probably in the DOT budget. The $768,000 for the Kenai River Bridge Access was a DOT project. Water/sewer matching grants were included and a grant to the Nikiski Senior Center was put in the city�s funding. Hodgins requested the funding be forwarded to the Nikiski Senior Center as a pass through grant to the Borough. Williams asked where the funds for the Nikiski Senior Center and Captain Cook Park project came from. Hodgins answered, they were from reappropriation of lapsed funds. Ross noted, there were funds that came through to the State from the SBS bankruptcy. Those funds were placed into the Capital Matching Budget and came as an extra distribution. The municipalities didn't have any prior knowledge of the distribution. Ross added, as the state resolves the bankruptcy, additional funds will come through. • KENAI CITY COUNCIL MEETING MINUT&3 MAY 21, 1997 PAGE 21 Hodgins continued, the $44,000 to the Nikiski Senior Center would be a pass -through grant to the Kenai Peninsula Borough. The $25,000 for the Captain Cook Park can be forgotten until next year and be reappropriated into a different area. Swarner stated she had a problem passing funds through to the Nikiski Senior Center when the city had its own senior center. She asked, why the monies were given to the city. Swarner asked how the money happened to be placed in distributions to the city. Hodgins answered, when he put his list out, he requested a number of items. The Nikiski Center and Captain Cook Park requests were on the same sheet and they were lumped in with the City of Kenai distribution. Swarner asked Hodgins if he had gotten any money for the Kenai Senior Center. Hodgins answered, no and explained that the City of Kenai was given $1.4 million and the Nikiski area got $44,000. Hodgins stated he could do it different next year and if there was a problem in passing through the funds, he would wait until next year. Ross reported he talked Hodgins, Juneau, and Borough Mayor Navarre and found it would probably not be legally possible to pass through the funds from the city to the Borough. The funds would have to be reappropriated out of the city. This is being investigated. He added, Navarre was looking into what the Borough could do in that regard. At this time, there was no option for the city to pass through the funding. Ross stated, he would report back to council when he had answers to those questions. Williams informed Hodgins council would soon be involved in reviewing/updating their goals and objections and five-year plan. He suggested Hodgins may want to be involved with those discussions. Councilman Moore stated he understood Hodgins was serving on a committee that would be discussing HB 149 and requested Hodgins do what he could to quash the bill. Hodgins stated, the consideration of that bill was one of the reasons he got on the committee. Hodgins added, there would be six public hearings on the matter in the future. He noted, there would also be discussion about a vote to limit the amount of guides on the Kenai River. Williams noted the city had done fairly well in receiving funding for its water/sewer project. Hodgins noted he would be meeting • with Alaska Science & Technology representatives in regard to the intent language for the Challenger Center. KENAI CITY COUNCIL MEETING MINUTES • MAY 211 1997 PAGE 22 Smalley stated he appreciated Hodgins, assistance in getting the funds for city projects and thanked him for his support in the legislature as well as his efforts as a lobbyist for the city in Juneau. c. Mental Health Trust Lands - Williams referred to the information included in the packet in regard to Mental Health Trust Lands and requested Administration to document what lands within the city are Mental Health Trust lands. d. ARFF Groundbreaking - Williams noted a groundbreaking ceremony had been scheduled for July 5. I-29 City Manager a. BOR/Golf Course Properties - City Manager Ross reported he had a meeting with the Department of Natural Resources who handles the BOR lands. He will be working with Bruce Phelps. He reported he had also had several meetings with the ice rink group and Borough Mayor Navarre. b. Unity Bike Trail - Ross reported the State was pushing hard for local resolutions for a bike/unity trail. Soldotna and the Borough Roads Commission each passed one. He added, a resolution would be coming forward for councils consideration, however, it would agree only to sweeping the trail and not include the structural maintenance of them as the State would like. Councilwoman Swarner asked why the new trails were falling apart. Ross answered, because they were poorly constructed. He added, that was why he did not want to have the city's heavy equipment on them. 1-3. Attorney Attorney Graves reported the quit claim deed process completed in regard to ten lots in Inlet Woods. The clear insurable title to the property. An ordinance introduced at the June 4, 1997 meeting to declare the not needed for public purpose and a plan for a public properties. The properties will be sold individually group and should be held in late July. • =-4. City Clerk had been city now has will be property sale of the orasa r • KENAI CITY COUNCIL M88TING MINUTES MAY 211 1997 PAGE 23 Clerk Freas reported she attended Graduation Party at the Recreation festivities were well attended by thanked council for the use of the cooperation of the staff. I-S. Pinanoo Director a portion of the After - Center on May 20. The graduates and guests, Freas Recreation Center and a. Natural Gas Roast for Bids - Finance Director Semmens reported he was preparing a request for bids for supplying natural gas to city buildings. He continued, he thought a savings of $12,000 a month could be had through the bidding of the supply. The natural gas would still be received through the Enstar system, but the city would be purchasing the gas from another source. He hopes to save 15%. A resolution will be brought forward on June 4 to award the bid. b. PERs system savings - Semmens reported the Cityfs PERS rate had been reduced to 2.98% from 6.8%. He added, the budgets were reduced accordingly. Semmens distributed 1997/98 budgets to council and requested they pass on comments to him. c. Banking RPB - Semmens reported the Borough had just completed an RFP for banking services for the Borough. He added, he thought it would be timely to do one for the city and use the same RFP the Borough used, with minor modifications. Semmens noted, if council had no objections, he would distribute the RFP this week. Councilwoman Swarner asked what information/requests would be included in the RFP and who would make the final selection. Semmens answered, usually staff would review the RFP and final reward would be up to the council. He added, he would like anyone to help in the development of the RFP. He noted, bringing the RFP to council for review would mean a one month delay. Councilman Bookey stated he wanted council to review the RFP before it is distributed in order to include their modifications, if any. Bookey added, he thought it was a good idea to do an RFP for the banking services, as well as the city's insurance, but he would like to review the RFP first. Semmens noted he spoke with Mr. Linegar at NBA and told him he was not formulating an RFP because he was dissatisfied with the services offered to the city by NBA. He added, he felt the city may benefit from a change and the RFP process would bring that information forward. KENAI CITY COUNCIL MEETING MINUTES MAY 211 1997 PAGE 24 in discussing the budget, Seumens noted the 977/98 projections had moved over to Page 18g� °riBe$dded,make he planned on preparing a projection numbers. S mid-year budget update as council narevenueBsicturevweuld b® However, any substantial changes i P brought to council more often. Ross noted, on Page 19 the projections were based on a mill rate increase. He requested council to let him know if they preferred the projections be shown at the current millege raterinsred the of with a mill rate incre. Williams increase assitted puts the public on projections show the millit also show notice there may be an increase. Smalley suggested what the level of funds would be if the mill rate stayed at 3.5. I-6. Bublia Works Director Public Works Director Kornelis reported the following: a. The dust control summer program had begun. b. They are rebuilding the pump at Wellhouse No. 1. Some water pressure may be noticed. c. Fuel bids for gas aReebeen ort was included the packet as d. The Project Statusp an information item for council's review. Councilwoman Swarner asked if the turnaround at the end of South Spruce would be enlarged. Kornelis anerpermission be placed been received to enlarge it. Swarner suggested to inform the public there is.no room for motorhomes to turn around there. Kornelis stated, if council wished, he would prepare a cost estimate to enlarge the area and contact. -various agencies for permission. Ross stated they would place icles saying there was no turnaround available to accommodate veh over a certain size. 1.7. Airport Manager Airport Manager Ernst reported a public hearing had been scheduled for the June 12 Airport Commcssion meeting had in invited the the Airport Master Plan. The Airport o�ission Planning & Zoning Commission to attend f the well. he Master Plan should be finalized upon completion o p .. 41 TTIM T t RXICU8SION Citizens • 0 KENAI CITY COUNCIL MEETING MINUTES MAY 21, 1997 PAGE 25 a s. Alaj a DeVito, Economic Development District tothe requested council to forward comments inessto einnovatiin on Center bide Quarterly Report. She added, the had been opened and an award should to made o edatheywere still receive approval from the EDA. DeVito n public looking for a new CEO. Also, the EDD•haWilliamsmade hnotd, the presentations for next year's funding Economic Development Committee would be working with EDD also. CU =Egg IO -Evaluations of City Clerk and City Attorney. ,ZX MOTIONS Councilman Smalley MOVED the council of tho discuss a terid alingty of ewith nai °ve into an executive sessioonn ilmembers bring the evaluations they personnel and ask the c may with them to this meeting and first have SECONDED CitD clerk and . second the City Attorney: 80 ORDERED.ouncilman Bco y There were no objection EgECUTIVE SESSION: iis28 P.M. BACK TO ORDER: Co uncilman Measles reported that during the executiveerk andCity council did an annual evaluation ooftthe city council were given a good Attorney. Both employeerformance for the last year. Council evaluation for their p 1 was leased with their performance and their work. unanimous y P J-2 . Council There were no comments of council. MOTION: Councilwoman Swarner MOVED for adjournment. There were no objections. 80 ORDERED. Council adjourned at approximately 11:30 P.M. . KENAI CITY COIIt'1CIL MEETING MINO'P$S MAY 21, 1997 PADS 26 transcribed and submitted by: Frea , city Clexk • 0 to i "ci� I DATI