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HomeMy WebLinkAbout1997-08-06 Council Minutes• nay KENAI CITY COUNCIL - REGULAR MBETINQ AUQUBT 6, 1997 7:00 P.M. KENAI CITY COUNCIL CRAMBER�3 http:/ /wwoa►.Kenai.net/city 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. B. 8CBED,,, U, LEa_MLIC CO MINT (10 Minutes) 1. Bill Popp - President, Sears Elementary PTA 2. Doug McBride, Fish A Game Regional Director/Cook Inlet Area - Dipnetting Concerns . 1. Ordiaance No. 1752-97 - Replacing the Current Kenai Municipal Code Land Use Table (KMC 14.20) an Its Footnotes withthe New Land Use Table and Footnotes (Exhibit "A"Attached). a. Remove from table. b. Consideration of Ordinance. 2. Ordi:taace No. 1754-97 - Amending Kenai Municipal Code 14.20.160(b)(6)[A) to Specify Allowed Building Coverage of Lots for Townhouses in All City Zones. a. Remove from table. b. Consideration of Ordinance. 0 11- . D. 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. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors 8s Convention Bureau Board e. Alaska Municipal League Report �. T_.,,._,,,m,,8 1. *Regular Meeting of July 16, 1997. 2. *Notes from July 16, 1997 Work Session. • a. OLD BUSINESS H. N-EW-BUSENWO 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Osdiaaaae No.178S-97 --Increasing Estimated Revenues and -- Appropriations by $3,824 in the Taxiway Extension North Capital Project Fund. 4. Osdinance No. 1756-97 - Increasing Estimated Revenues and Appropriations by $10,993,472 in the Capital Project Fund Entitled "Kenai ARFF Project." 5. Ordinance No. 1787-97 - Increasing Estimated Revenues and Appropriations by $1,237 in the General Find for the Purchase of a Playground Slide. -2- • C7 6. Discussion - Schedule Board of Adjustment Dearing - Appeal of Bill Zubeck/Petition to Vacate Public Access and Utility Easements Within Tract A, Swires S/D Amended, Section 35, T6N, RI IW, SM, Alaska Within the City of Kenai (Associated with Buffalo Run S/D); KPB File 97- 097. 7. Discussion Kenai Peninsula Borough Baler Wash Water 8. Discussion - Goals & Objectives Work Session a. Schedule work session date. b. Information requests from Administration. 9. Discussion - Advertisements/Brochures Review 10. Discussion - Bluff Erosion 1. Mayor. 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager E CUTIVN BEBSIM -Evaluation of City Manager. J. DIBCU 9ION 1. Citizens (five minutes) 2. Council -3- • is IKENAI CITY COUNCIL - REOTJLAR MEETING AUGUST 691997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www. namet/elty Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Bookey, Swarner, Moore, Measles, Bannock, Smalley and Williams. A-6. AQE�IDA APPROVAL . Mayor Williams requested the following changes to the agenda: MOVE: H-9, Discussion - Advertisements/Brochures Review to B-3, Persons Scheduled - Marion Nelson MOVE: H-3, H-4, and H-S, Ordinances No. 17SS-97, 1756-97 and 1757-97 TO THE CONSENT AGENDA FOR INTRODUCTION (to correct inadvertent error) MOTION: Councilman Smalley MOVED to approve the agenda as amended -and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-6. Mayor Williams requested the following change to the Consent Agenda: ADD: Items H-39 R-4 and R-S to consent agenda. MOTION: Councilman Smalley MOVED to approve the consent agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. • KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 2 VERA SCHEDULED 50LIC C-0—MA ENT $_1. BiU popp - President, Sears Elementary PTA Mr. Po reported on the progress made at renovating the Sears Elementaryeeedoo PP playground. He noted, two-thirds of the topsoil had of the toplsoil would be placed next They were now watering the area. The rem year. Po credited the Sears PTA and Borough Maintenance Department (Dave d adding the PP With the removal of underbrush the work coordination and planning• playground topsoil and seeding, an additional 3-1/2 acres of area were added to the playgr area. Popp also reported they expected the arrival of the new playground equipment in three to five weeks. A work party of volunteers would be placing the equipment and Popp invited anyone interested in helping to listen for public service ce $2,Oncements for the work party information. Popp also thanked the co uncil donation made for the renovation work. He added, the donation leveraging g ' instrumental acquiring additional fundli ($25,000 from the Borough Assembly) and $40,000 in improvements and equipment. Debby Barris - Harris thanked council for their support of the project. She added, when they began the project, they believed it would take approximately three years to complete and they have done most of the work in one summer. H�hel s notedtoo the new equipment was age -appropriate. She encouraged those interestedP ll the new equipment and added, the day the equipment will be installed, a barbecue was planned to celebrate the completion of the work. Councilman Moore congratulated the PTA for their work. He added, it was nice to have a project started and completed while their children were young oe ou sled forto enjoy the playground. Popp noted, past members of the PTA were to �' their planning and previous work on the project. Mayor Williams also congratulated the PTA, noting council's donation f r tmhpt d a lot of people to look at the project and take part. He thanked e council involvement as well. 8-2. Doug McBride, Fish & Game Regional Director/Cook Inlet Area - Dipnetting Concerns Mayor Williams introduced the item by reporting he, with City Manager Ross, Councilman Bookey and other city administration discussed heir concerns with of Environmental representatives of Fish & Game (Dave Nelson) and the Department KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 3 Conservation during a meeting the week before. The purpose of the h remains thalso to determine what, if anything, could be done about the litter and were left on the beach by the dipnet fishers. He invited council comments ands added, they probably all agree, some changes need to be developed prior to year' season. DougMcBride - Regional Supervisor of the Sportfish Division of the Department of his job was to manage the personal _ Fish 8v Game. McBride began by stating dipnet fishery and noted, the dipnet effort in Kenai had changed substantially belly i dipnet P past two year's. This was because the Fish Board changed a personal fishery last year, i.e. prior to that meeting, dipnetting was allowed when an emergency order was given and now it is a set season (July 10, through July 31 this year). The season is predictable, but made problems for Kenai acute. McBride continued, during their meeting, they were shown the pictures taken of the Kenai beach during the season which depicted the fish carcasses, sh agreed, dblelms of ass bottles, cardboard boxes and general trash left t byasers. He and garbage debris should be erosion and trespassing on the bluff and addressed. • To address the erosion and trespassing problem, McBride said, an idea was proposed to below the no - to change the area of allowed dipnetting, i.e. moving the boundary that boundary to name creek which empties into the mouth oele off tfh�bluff at the end of Willow, because seaward of the creek would keep the bank from that position. there would be no needaccess McBride continued, his department did not have the authority Alaska Board of Fisheries boundary for fishing to change the and it would have to be taken to th for their consideration. The next regularly scheduled Board b held this wintFi in erl e held a year from this November, and a call for ld be consideosals rs in November and proposal could be submitted which then implemented implemented in the summer of 1999. HChan a Request for Board consideration consideration during the summer of 1998, an Agenda Chang Q would have to be submitted this winter. McBride stated. Fish &the Board's docket fore would assist the city in preparing the Agenda Change Request to get it on port their this winter. He added, he saw no reason why Fish & Game wouldn't ct tphe majority of position on closing that part of the dipnet o f the creek) ek) d relatively few people the dipnetting effort (which happens seaward access the fishery from inward of the creek. He felt it was a rational proposal and would work with city staff to make that happen. To alleviate the sanitation issue, McBride stated, the city had requested signage be laced in the area which will inform users of the past problems of sanitation,e betchc. and itheir personal responsibility to take their garbage and fish carcasses WON • KENAI CITY COUNCIL MEETING MINUTES AUGUST 69 1997 PAGE 4 McBride stated, the Fish & Game would furnish the sign with the appropriate messages. Also, Fish & Game will provide additional dumpster facilities for fish carcasses and garbage. He added, Fish & Game would not have the means to service the dumpsters, and the city representatives agreed the city could maintain the service of the dumpsters. McBride added, because the city would be rnaintaining the dumpsters and the efforts made to make parking available, etc., from their perspective, Fish & Game wouldn't oppose the city in charging an access fee for the fishery. He added, it is done in the Chitna fishery and the funds are then used to provide port -a -potties, dumpsters, etc. and make a level of profit. At this time, the Fish & Game personnel collect the fees which are placed in the Fish & Game Fund and then distributed to the land owner. However, he thought in two years, when that contract ends, another means of collection will be developed. He added, the Chitna fishery was unique and Fish & Game would not want to duplicate it. Swarner stated she was disappointed the city had to ask for the signage and Fish & Game didn't offer it. McBride explained, the sign would be a large sign and would be placed by next season. Councilman Moore stated, he would want the sign to inform • users how far north the dipnet fishery extends. He added, there is a large amount of area north of the mouth which is under-utilized for dipnetting. McBride stated, when dipnet permits are issued, a map and regulation book are distributed. The area of the fishery is included in the information. Moore asked, referring to riparian habitat destruction, if the Fish Board ruled to provide more in -river bag limit for red, with a no -net loss of habitat clause included and applied to the dipnet fishery. McBride answered, yes, it applied to the dipnet fishery. McBride explained, riparian habitat is important to fish production. There are areas, up river, where bank habitat is important to juvenile fish rearing. They closed areas to keep the sport fishery out of areas it had not expanded into, but the areas have to meet criteria, including habitat important for fish production. He added there were many habitat issues at the river mouth, however he didn't think bank vegetation was a problem there (not talking about bluff erosion, etc.) in regard to fish production. Moore asked if he was saying, he didn't consider the lower river important to fish development habitat. McBride answered, no, the habitat issue they were most concerned about at the lower part of the river was water quality. He explained, the juvenile fish like the upper river because the banks offer protection (from the vegetation). In the lower river, the fish aren't associated with the river bank like they are upriver. He added, he didn't want to give the impression the lower river was not important to fish production. It is that the riparian, or bank vegetation, is not one of the concerns in the lower river. KENAI CITY COUNCIL MEETING MINUTES • AUGUST 6, 1997 PAGE 5 Williams stated, the matter was a "catch 22" because the 309 study sectioned out that part of the river below the bridge and declared it as noncritical habitat as far as the riparian and bank issues were concern. He added, the basis of the report was one of the reasons the city won't give up its right to manage the lower river to the Kenai River Special Management Area Board (KRSMA). Williams added, there were two different entities with two different findings: 1) one report stating it's not critical habitat; and 2) another agency saying it may not be critical habitat to fish, but look what it's doing to the city and the people who consider the bluff as their critical habitat and what protection for it. McBride stated, the 309 study was under a lot of technical review, in order to use it as a mechanism to address another Board of Fish mandate regarding no -net loss of riparian habitat and how it is measured. He explained, the 309 study measured bank habitat, which is an inexact science. When looking at habitat issues concerning fish production in the Kenai River, it goes way beyond bank habitat. He added, he believed what they were saying was consistent with what he said; in the lower four miles of the river, the fish are not associated with bank vegetation as they are in the upper river. However, that doesn't mean there are no fish habitat concerns in the lower river. Councilman Smalley stated, he remembered council asked for assistance to help offset the cost of enforcement and sanitation concerns last year and nothing was done. He added, he thought the State had the responsibility, since it is a state fishery, to provide enforcement or compensate the city for its costs for additional enforcement. Additionally, the State should provide port -a -potties, clean-up, etc., or reimburse the city. The sign, Smalley added, was a good idea, but looking at pictures won't cure the enforcement problem. Smalley asked City Attorney Graves if private property owners have a claim against the State when their property is trespassed in order to access the fishery. Graves answered, he didn't think so because the State didn't indicate they have given permission for individuals to trespass private property. Smalley stated, he was looking for relief for the private property owners, and added, he would like it shut down until something can be brought forward. Councilman Bookey stated, he appreciated the discussion from this meeting and the steps Fish & Game want to take, but felt all seven councilmembers should attend the Fish Board meeting this year and the matter should also be taken to the legislators and Governor. He added, the appalling condition the beach was left in this year was not acceptable. He hoped council would agree to place no parking signs in town until there is no place left for the dipnet fishers to park and they can't go down to the beach. He added, he took a hard stand on the matter and hopes the rest of council will too. 0 Williams stated he appreciated Bookey's thought about all the council members attending the Fish Board meeting. Their attendance, along with the city manager, KENAI CITY COUNCIL MEETING MINUTES • AUGUST 6, 1997 PAGE 6 - would give the city 40 minutes in which to speak. Williams added, he had made comments that the city would cause the dipnet fishery to be shut down by other actions. However, that wouldn't answer the problem. The Board of Fish declared there to be a dipnet fishery and that could not be stopped. He added, it appeared the fishery was not an incidental thing and would continue for a long time to come and because of that, long -terns answers need to be found. McBride agreed and added, that was the way he and Dave Nelson were approaching the matter. He said, they could directly control the signs, trash facilities and could give their opinions as technical advisors to the Board of Fish. He added, he felt very confident they could get the closure issue before the Board. McBride stated, they also have some enforcement ideas which would help Fish & Wildlife Protection (primary enforcement for fishing and hunting, commercial and non-commercial) with their financial problems. They have proposed to use some Fish & Game funds for enforcement, transferring the funds to Fish & Wildlife. However, Fish & Game wants assurance from Fish & Wildlife that there will be a definite increase in protection for non-commercial fisheries. He hoped next year, there would be additional protection presence in the city and the program would be presented as a demonstration project to handle other fishery enforcement concerns in other areas. Ross stated, pictures of the fish, garbage, etc. would be placed on a major information sign board on this side of the river. On the south side, administration is reviewing last year's plan and hope to develop something more acceptable. Fish & Game have stated they would work with the city to alleviate some of the pressure on the south side of the river. If this is to happen, administration will bring council some ideas of how to manage it and how to make it work. Whether it will happen would be something the council could discuss with the Board of Fish. Administration wants to be on top of it with Fish & Game. If there will be annual dipnet fishery days in Kenai, the city, Chamber, etc. will have to find a way for it to work for them. Their approach will be how to stop the problems the pictures depict. Williams stated, council will expect Fish & Game and Administration to work out a plan for review prior to the February meeting of the Board of Fish. Part of the plan would include participating with Fish & Game in submitting the Agenda Change Request (in November) in order for the council to testify before the Board of Fish. McBride stated, the Agenda Change Request would need to be submitted in October in order to be considered at the November meeting. They will help the city prepare the request for the agenda change. Williams clarified the city's understanding to be that Fish & Game will cooperate and take care of enforcement, furnish dumpsters and signage which will be worked out 0 • KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 7 with administration. Williams stated, for clarification, the Fish Board meets in February and in October they will report back to council in regard to the agenda change request, etc. BREAK TAKEN: 8:00 pan. BACK TO ORDER: 8:13 p.m. Mayor Williams identified a group of ladies visiting from Sakhalin, Russia through a grant between the Peninsula Clarion and newspapers in Sakhalin. B-3. Marion Nelson - Advertisements/Brochures Review Moved from H-9. Mayor Williams stated the city has given donations/grants to various groups to create brochures and advertisements for the city. He felt the city was not getting the better of the arrangement as there were many items of interest in the city which were not being highlighted. He added, the city was not well -recognized in the travel books and magazines and thought this could be part of the council's goals and objectives discussions. • Marion Nelson - Nelson introduced herself as a Milepost salesperson during the p g summer months, but has the city's interest in mind with regard to this discussion. She requested council's consideration of a large advertisement in the Milepost, but not diluting the advertisement of the Visitors Center already included in the magazine. Nelbon noted some of the attractions to Kenai not included in the advertisement, i.e. softball fields, beach, airport, the library, etc. She added, she thought the city needed help getting additional exposure. Nelson noted a full -page, color advertisement would run $4,000, but ad costs varied from $225 and up. She noted, the city had an internet site, but it was not conducive to encouraging visitors to the area. She added, the Milepost had a website and sells links to it. Pat Porter - Porter explained, she and her assistant were working with the Kenai Chamber of Commerce in producing a new city brochure which could be used in connection with the Visitor Center's brochure, as well as a stand-alone brochure for handing out and including with the Chamber's relocation packet. She added, the work group had some positive ideas and have selected "Where You Want To Be" as a slogan. Porter distributed a sample brochure for council review. Council requested the discussion be included in the goals and objectives work session information. Nelson noted, the deadline to include a city advertisement in the Milepost was September 30. • KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 8 After a brief discussion, council set a goals and objectives work session for September 10, at 7:00 p.m. The work session was tentatively scheduled to be held at the Senior Center (clerk will confirm). B-4. Discussion - Schedule Board of Adjustment Hearing - Appeal of Bill Zubeck/ Petition to Vacate Public Access and Utility Easements Within Tract A, Swires S/D Amended, Section 35, T6N, R11W, SM, Alaska Within the City of Kenai (Associated with Buffalo Run S/D); KPB File 97- 097. Moved from H-6. Councilman Bannock explained the Borough Planning Commission denied the vacation of the public access and utility easement in the above -referenced matter. The Kenai Planning & Zoning Commission and Kenai City Council had previously approved the vacation. The Kenai Peninsula Borough Code allows for an appeal of the Planning Commission's findings, but refers the appeal to the municipality (if any) involved. The denial from the Borough Planning Commission was based on another property owner's concern he would lose accessibility to his piece of property. After a brief discussion, council set the Board of Adjustment hearing for August 20, 1997 to begin at 7:00 p.m., immediately prior to the council meeting. T C: MLIC HEARM 8 C-1. Ordinance No. 1762-97 - Replacing the Current Kenai Municipal Code Land Use Table (KMC 14.20) and Its Footnotes with the New Land Use Table and Footnotes (Exhibit "A" Attached) . C-1a. Remove from table. MOTION: Councilman Smalley MOVED to remove from the table, Ordinance no. 1752-97 and Councilman Bannock SECONDED the motion. There were no objections. 80 ORDERED. C-1b. Consideration of Ordinance. MOTION: Councilman Smalley MOVED for approval of Ordinance No. 1752-97 and Councilman is Bannock SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTEg AUGUST 6, 1997 PAGE 9 There were no public comments. Councilman Smalley & Zoning Commission reviewed the existing Land Use Tab e, thereehere a othe of blank Planning spots without any indication what was specifically allowed or not. The rule had be when the space was blank, it meant it was potentially permissible. P&Z wanted to o through the Table and make adjustments to the ordinance and put some strength o it and fill in all the blank spots. P&Z took several meetings and several public hearings to come to their recommendations for amending the ordinance. Smalley pointed out, in the past, four, five and six -family dwellings were allowable in RR, RR-1, RS-1 and RS-2 zones and with approval of this ordinance, would not be permitted. The amended Table was far more restrictive and, was explained to the Commission by Graves, La Shot and Springer, that if a "C" is placed, as a conditional use, requests would continue to come back to the Commission for review and hearings would be held. If an "N" is placed, it would take all the latitude of discussion completely away from the Commission and the council. The discussion which took place was, because of lot sizes, Kenai needed to take into consideration the type of development that would be more conducive for city residents. The majority decided to j place "N's" in those categories. Smalley added, he noted to the Commission that in the past, requests were received to allow family -style restaurants in residential zones which were approved. The discussion of the Commission was, they should not be allowed and were placed as "N's" in the Table. If they were left as "Cos" the items could be discussed by the Commission, allowing the proposed use to be considered. Smalley added, it had been pointed out by Building Official Springer, the general public may not have realized the ramifications of the new restrictions, etc. even thou advertised, etc. Smalley noted, some of the changes gtothe T ublichearings were were ot unan decisions. He also stated he had specific concerns with the restrictiveness ofunous "residential." Mayor Williams suggested council should develop their concerns of the proposed ordinance and pass those concerns on to the Commission along with the ordinance, noting what council sees as good land use. He added he would like to continue to work on the ordinance until a workable ordinance is developed. Smalley stated, the Commission held public hearings and councilmembers had the opportunity to attend, which some did. However, council had the ability to make some adjustments, however he did not think the ordinance should be sent back to the Commission and say, "work on it again," unless council sends a recommendation with what changes they would want to make. Bookey stated he wouldn't support the ordinance at this time. He suggested discussion could be incorporated into the goals and objectives work session. He acknowledged the Commission spent a lot of time and effort in developing the P g . KENAI CITY COUNCIL MEETING} MINUTES AUGUST 6, 1997 PAGE 10 ordinance and council may not have given direction. He added, if council was not ready to support the ordinance, another ordinance needed to be developed. Bannock noted, the Commission had spent a lot of time in developing the ordinance and he didn't want to send it back to them as it was their final document. He added, he was not comfortable with the ordinance as he felt it had "too many N's." He suggested council could use the ordinance as a working document and develop it to their liking. He suggested, for readability purposes, the P's could be changed to "Yeses," or Vs for "Allowable" and it may be less confusing. Smalley noted, the key, as it is, is standard to planning and zoning matters. Williams suggested, since time was not of the essence, the ordinance be set aside for a work session with the Commission at a later time. Council agreed and requested the matter be brought back to council at the October 1 meeting in order to set a work session for the middle of October. A short discussion followed to decide whether the ordinance should be failed or brought back in October. Bannock suggested council should not assume the ordinance would be largely altered. It was decided, a new ordinance should be brought back through the whole process, i.e. introduction, second reading, public hearing, etc. in order to insure advance notice to the public. VOTE: Bookey: No Swarner: No Moore: No Measles: No Bannock: No Smalley: No Williams: No MOTION FAILED UNANIMOUSLY. Smalley requested a note be sent to the Planning & Zoning Commission explaining council's logic behind their decision to fail the ordinance and rework it. Smalley was requested to work with Clerk Freas in developing the memorandum. C-2. Osdiaaaae No. 1754-97 - Amending Kenai Municipal Code 14.20.160(b)(6)[A) to Specify Allowed Building Coverage of Lots for Townhouses in All City Zones. C-2a. Remove ftom table. MOTION: 0 • KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 11 • 0 Councilman Smalley MOVED to remove from the table Ordinance no. 1754-97 and Councilman Bannock SEC011TDED the motion. There were no objections. 60 ORDERED. It was suggested by Smalley, he ordinance be failed also, due to its relationship to the failed Land Use Table ordinance. Williams agreed. C-2b. Consideration of Ordinance. VOTE.. P Bookey: No Swarner: No Moore: No Measles: No Bannock: No Smalley: No Williams: No MOTION FAILED UNANIMOUSLY. E D• COMMISSION/COMITTEE,E�O�RTB D-1. Council on Aging - No report. A meeting will be held next month. D-2. Airport Commission - Councilman Measles reported the July minutes were in the packet. The August meeting was scheduled for August 14. D-3. Harbor Commission Councilman Bookey reported the Commission would meet on August 11 and they remained one member short. Williams asked how the council felt about including the Harbor Commission with the planning for the mouth of the river and liaison work with Fish & Game. He reminded council, they had once said that all issues dealing with the river should be taken to the Commission. After a short discussion, it was agreed the Commission is notified of discussions, etc. for their review. D-4. Library Commission Councilman Moore reported the Commission met briefly on August S. The main discussion was in regard to the public awareness of a future library addition and the needs of the community. • KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 12 D-5. Parks h Recreation Commission Councilman Bannock reported the Commission would meet on August 7. He noted the resignation of student representative Cristel Fields, which was included in the packet. D-6. Planning & Zoning Commission Councilman Bannock, who attended the meeting for Councilman Smalley, reported the minutes of the meeting were included in the packet. Bannock noted, an existing gravel pit had changed owners and the existing conditional use permit could not be transferred. A new conditional use permit was required and it was approved. Bannock also reported, an application for a bed and breakfast conditional use pqrmit was brought to the Commission for review. The applicant had made a similar request in September 1996 and that request wan denied. There were letters of objection brought to the Commission in regard to the present application. The matter was tabled until the next meeting due to a request by the applicant. The public hearing towill be continued at that time as well. Also approved was an encroachment permit for the Rainbow Bar. He continued, there was little debate about the overhead encroachment of the building, but the overhang encroachment was not discussed. Bannock also noted, KPB Planning Commissioner Bryson also reported on the Zubeck matter and upcoming appeal to the council. D-7. Miscellaneous Commissions and Committees D-?a. Beautification Committee Councilwoman Swarner reported the Committee conducted a garden tour and celebrated their work at the Feldman home. Their next scheduled meeting will be held on Tuesday, August 12 at 5:30 p.m. D-7b. Historic District Board Councilman Moore, referring to the information included in the packet, reported there was no quorum for the meeting. Upon adjournment, the Board held a brief work session. Moore noted also a memorandum included in the packet from the Board requesting council to move their scheduled August 18 meeting to August 19 as there. was concern they again would not have a quorum. Council had no objections. 0 • KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 13 0 D-7a. Challenger Board Councilman Bannock reported the next Board meeting was scheduled for August 7, from 4:00 - 6:00 p.m. at the Challenger Headquarters in Soldotna. He noted all board member alternates had been requested to. attend the meeting as well. Williams requested Airport Manager Ernst to be his alternate to the Board. Ernst agreed, but reminded council he would not be available after December due to his retirement. Williams also reported, the Challenger Board was close to receiving their 501(3)(C) tax status. He added, there were a number of corporate entities waiting to donate funding for the Center upon receipt of the tax status. D-7d. Kenai Visitors & Convention Bureau Board Councilman Bookey reported there was no Board meeting held in July. The next meeting was scheduled for August 18. D-7e. Alaska Municipal League Report Councilwoman Swarner reported the AML Legislative Committee would be meeting in Wasilla, August 7 and 8. She did not plan to attend. Mayor Williams reported the Borough and City of Soldotna had agreed to split the cost of hosting dinner for the AML Board of Directors meeting and Alaska Conference of Mayors meeting to be held in Kenai on August 27 and 28. Williams also reported the Industry Appreciation Picnic was coming together well. The Picnic would be represented by citizens and city departments. Already they had received acknowledgments from Senator Murkowski and Governor Knowles that they will attend. ITEM E• Regular Meeting of July 16, 1997. Approved by consent agenda. E-2. Notes from July 16, 1997 Work Session. Approved by consent agenda. TI Ebb F: CORRESPONDENCE - None. • 0 KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 14 H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. Councilman Moore asked if interest was usually paid on retainage and was told yes, the city was required to pay 10.5% interest on retainage. Councilwoman Swarner questioned why there were two checks to PTI and why were the amounts not combined. Finance Director Semmens explained, the amounts were for phone usage and he would check why the amounts were not combined. VOTE: There were no objections. 80 ORDERED. H-2. Purchase Orders Exceeding $2,600 MOTION: Councilman Measles MOVED for approval of the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. There were no objections. 80 - ORDERED. H-3. Ordinanco No. 1755-97 - Increasing Estimated Revenues and Appropriations by $3,824 in the Taxiway Extension North Capital Project Fund. Added to and introduced by consent agenda. H-4. Ordinance No. 1756-97 - Increasing Estimated Revenues and Appropriations by $10,993,472 in the Capital Project Fund Entitled "Kenai ARFF Project." Added to and introduced by consent agenda. • KENAI CITY COUNCIL MEETING) MINUTES AUGUST 6, 1997 PAGE IS H.S. Ordinance No. 1757-97 - Increasing Estimated Revenues and Appropriations by $1,237 in the General Fund for the Purchase of.a Playground Slide. Added to and introduced by consent agenda. B.G. Discussion - Schedule Board of Adjustment Hearing - Appeal of Bill. Zubeck/Petition to Vacate Public Access and Utility Easements Within Tract A, Swires S/D Amended, Section 35, T6N, R11W, SM, Alaska Within the City of Kenai (Associated with Buffalo Run S/D); KPB File 97- 097. Discussed at B-4. 13-7. Discussion - Kenai Peninsula Borough Baler Wash Water Public Works Director Kornelis referred to the information included in the packet and explained, the Kenai Peninsula Borough had requested to dump waste wash water into the City's system and were interested in a long-term cooperative agreement for i the disposal. Kornelis added, two studies had been completed by Vasey Engineering (leachate study and mixing zone study) which concluded the Kenai Wastewater Treatment Plan could handle the baler wash -down water under conditions as set forth in the July 30, 1997 Vasey Engineering letter. Kornelis explained, the Kenai Municipal Code required council to approve entering into cooperative agreements with other governmental units for disposal of waste products through the city's sewer treatment facilities. City Manager Ross added, administration recommended council accept- the - - . - wastewater. If council approves the acceptance, and with the information received from the engineering firm, etc., a cooperative agreement would be prepared to enter a long-term acceptance of baler wash water. However, council could continue accepting the wastewater on a case -by -case basis. Measles stated, he didn't object to entering into a long-term agreement, however he believed parameters needed to be included in the ordinance as to acceptable loads, levels, etc. so there would be no question for city employees of whether loads should be accepted or not. Ross stated the long-term agreement would be returned to council for review. Swarner asked KPB Solid Waste Director Catherine Mayer (who was in the audience) when the dumps would be made at the Kenai Transfer Facility. Mayer answered, in the past, dumps were made during the day. Swarner stated her concern that the KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 16 transfer site was not open at the convenient times for the general public and suggested lengthening the hours in conjunction to the Borough's request for the city to accept the wastewater. Mayer explained, they keep the transfer sites open during the times when they have found the heaviest use occurs. She added, the sites are open seven days a week and they try to keep the hours consistent with each facility. Swarner stated, she had received comments the open tunes were not convenient and because the general population in Kenai is 7,000, thought that if the city took their water, the Borough should consider expanding the hours of the transfer site. Mayer responded, that could be considered as part of the agreement, but reminded council, the Borough accepts over 600 tons a year of city sludge at no charge. Additionally, when their fees were set in 1993, they decided not to charge the city for the sludge because they were trying to work out this agreement with the city. MOTION: Councilman Smalley MOVED for approval of the agreement between the City of Kenai and the Kenai Peninsula Borough regarding the baler wash water as set forth in Item H-7 with the condition set forth the Public Works Director's memorandum of 7/30/97 and the recommendations set forth in page 2 of the Vasey Engineering letter of 7/30/97. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. Williams noted, administration was to proceed with the development of a long-term agreement with the Kenai Peninsula Borough for baler wash water disposal into the city facilities. H-8. Discussion - Goals & Objectives Work Session R-8a. Schedule work session date. The work session was scheduled for September 10, 1997, 7:00 p.m. at the Kenai Senior Center earlier in the meeting. R-8b. Information requests from Adsalaistration. Ross requested direction from council as to the information they wished to have included in the packet for the work session on goals and objectives. Ross added, he intended to have department heads submit to him what they see as major projects within the next five years and those beyond five years. After lists are submitted to him, he will forward the information to Finance Director Semmens to review. He and Semmens would then develop a list based on budget projections. That list, along with the original lists of the department heads would be forwarded to council. KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 17 Measles stated, he liked the idea of Administration first evaluating the information before it coming to council. Administration would then be able to answer questions as to viability and feasibility of each project. He added, he would like to see more scrutiny by management and department heads. Williams added, in the past, council reviewed the information from the different departments individually. They also requested lists of paving, water/sewer extensions, etc. needed within the city. The list could be prioritized and include cost estimates. He added, large long-term capital projects could be listed, i.e. new maintenance facility, but not discuss costs until it is decided whether the building would be built. Williams suggested Administration could present their list and council could add to it. Ross added, their list would not just include capital projects, but would include items like networking for city hall computers, etc. Listing goals and objectives was about delivery of services to the citizens. He would have the department heads put together their ideas of projects and items needed in the next five years and beyond. The list would be in a format with cost information. • Measles suggested the goals include ongoing maintenance of streets anfacilities, g g d not just buildings. He added, with a maintenance program they could lengthen the lives of those items. Ross noted, he believed that would be more of what would be on the list — maintaining of what the city has instead of adding additional structures. Ross asked council if they wanted commission goals and objectives included with the information. Council answered, yes. H-9. Discussion - Advertisements/Brochures Review Discussed at Item B-3. H-10. Discussion - Bluff Erosion Ross stated, in discussing the concerns of people traversing over the bluff (off the old Glad Realty property at the end of Willow) during dipnet season, they also discussed dipnet traffic on the south side of the river. He suggested administration review the old plan to place a road out to the bank area and perhaps amend it to run a longer road along side of the dunes. Facilities could then be developed on the south side to accommodate dipnet users and alleviate the damaging traffic on the dunes and personal property. Ross added, he would have Kornelis develop a plan which could please the Fish Board and sport fishery and get their support. There was also a chance Exxon grant monies could be acquired. • KENAI CITY AUGUST 6, PAGE 18 COUNCIL MEETING MINUTES 1997 Smalley stated he thought it would be a good idea to develop such a p no objections from council. T x' A�MIIITIISTR MON REPORTS I-1. Mayor a. Governor's Task Force on Subsistence - Williams refers information included in the packet. He stated, the matte. Kenai and council/administration should monitor it. •• %64%4 casavv� b. National Center for Small Communities Award - Williams referred to the congratulatory letter for a $1,000 American Hometown Leaders Award from the Wal-Mart Foundation which was included in the packet. The letter notified Williams of his receiving the award in recognition of his contributions to the community. Williams suggested council accept the grant and pass it on to the Alaska Challenger Learning Center. He added, slides would be developed and forwarded on as requested. I-2. City Manager a. ESI Negotiations/ARFF - Ross reported he received a response from ESI and will continue the negotiations of the contract. He will work with them to solve some logistical problems and progress was being made. b. ARFF Specifications and Plans - Ross reported 97 sets of plans and specifications had been distributed for the ARFF bid. More were needed and the engineering firm sent additional sets out. However, the sets were sent via UPS and, because of their strike, the plans had not yet been received. To alleviate problems, the engineering firm was sending out sets directly to those requesting them via Federal Express. Ross added, he wanted council to be aware of the problem in case they received concerned comments from potential bidders. C. Kenai River Special Management Area Plan - Ross reported, the Plan °did not yet exist in one document. He thought the city's input was being reviewed seriously. The Plan, as far as he was aware had not been signed and distributed. ' d. Deferred Maintenance - Ross referred to information included in the packet in regard to the deferred maintenance needs which are to be formulated and forwarded on to AML and the Alaska Conference of Mayors. He said, Borough Mayor Navarre requested the information be . KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 19 forwarded to him and a Borough -wide group presentation will be made. Kormlis, he reported, was developing the city's information to be forwarded to Navarre. He added, this information is not a priority -of - funding schedule or a capital grants program. No objections were noted from council. e. Laud Sale - Ross reported a land sale was held for ten lots in Inlet Woods. Two bids were received on one piece of property. The unsuccessful bidder then asked to negotiate purchase of one of the other lots. To date, six lots were sold within the advertised criteria (minimum and terms already approved by council). Two additional lots were in the process of being negotiated and sold. He noted, the Finance Director was handling that sale as the purchaser is one of his relatives. He added, administration's policy was that people could come and negotiate purchase of a lot at the advertised criteria. Their only disadvantage was that they may not have their first choice as they would have if they had bid. f. FY 99 Capital Project Matching Grant Program - Ross referred to the application packet which was included in the packet. He noted a list. of projected available balances was included and explained, the city would be receiving $147,130 for FY 99 and in addition, it showed an account balance of $68,872, which was the amount awarded to the city for two projects which were out of the city's jurisdiction. He added, a decision would have to be made by October of what to do with those additional funds. Also, the city's match for the total amount of $215,000 would be approximately $92,000. A resolution would be brought forward at the August 20 meeting to accept the FY 98 amount of $147,000 which council had already set aside for water quality/quantity project and the $97,000 which was received and not expended for the same thing. Public Works would be putting together a proposal for those funds. He requested council to give some thought for what they wanted to use the additional funds. g. Out -of -Office - Ross reported he would be out of the office from September 12-20, 1997. h. Fuel Charges at Dock - Ross reported some complaints had been received in regard to the fuel price at the dock (sales tax on top of other taxes). The Harbor Commission will be hearing some of the complaints. Ross continued, the city was required to collect the federal taxes and the only margin they had to deal with was what was set by the Harbor • KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 20 I-3. I-4. is 0 Commission as a margin of profit for running a fuel facility and to cover the overhead. Bookey reported he had received some comments from Paul Dale from Snug Harbor Seafoods. The consensus of the Commission was to leave the price the way it was as they felt it was not up to the Commission to give a fair or unfair advantage to anyone. It was explained, Snug Harbor fishers were complaining they could not buy fuel at a competitive edge as other processors sell their gas at cost. He added, the Commission would be addressing the complaints at their next meeting. Attorney - No report. City Clerk a. Candidate Petitions - Clerk Freas reported petitions had been taken nut by the two incumbents. The deadline for petitions to be submitted was August 15. b. Tourism Marketing Council Request - Freas referred council to the request for donations toward the Annual Kenai Peninsula Regional Tourism Conference which was included in the packet. Council had requested the information be included again as it was overlooked during their last meeting. A discussion continued as to whether council wanted to contribute or sponsor a specific event. It was also noted, council had chosen not to include funding in their budget to purchase a membership to the Council. Marion Nelson - Stated she was a member of the Board and they hoped to have support of the municipalities throughout the Borough. She suggested Mayor Williams may want to give a welcome speech and council could sponsor the banquet ($5,000). Williams stated, the Tourism Marking Council had ben controversial as to helping tourism for this area, but suggested the city sponsor the welcome reception ($750). Swarner stated she had no objection to sponsor an event as council had declined purchase of a membership. . KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 21 MOTION: Councilwoman Swarner MOVED to sponsor the Welcome Reception at $750.00. Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUG C4NBENT. There were no objections. 80 ORDERED. I-5. Finance Director Finance Director Semmens reported the city had received all the State Revenue and Safe Communities funding for this year. He added, the amount was $4,100 less than what the city had budgeted. I-6. Public Worlm Director - No report. I-7. Airport Manager - No report. Williams requested council to consider taking the additional $68,872.86 received from the capital matching grant program and put it into the Challenger project after they receive their 501(c)(3) status. He added, he was not asking for an immediate answer • and was aware the city had a lot of needs. I-TR I J-1. Citizens Bob Peters - Referred to the discussion with Mr. McBride from Fish & Game regarding the proposed change of area where dipnet fishing would- be allowed at the mouth._ He asked who would enforce the rules. Williams answered, Fish & game would be rearranging their personnel to enforce the rules. Rose added, once the area below the bluff was closed to fishing (on the upstream side of the creek), it would be very obvious if someone is fishing illegally. Peters referred to the barrier which had been placed along Mission Avenue and stated his concern the fence had been violated and was in need of repair. He asked, was it illegal to trespass on city property. Ross stated, not much of that property was city - owned and that the barrier was there as an advisory mechanism. Peters suggested the city post their property with "no trespassing." The conversation continued regarding dipnet fishing fever and the trials and tribulations of unwanted bluff traffic. I-2. Council - No comments. 0 • 0 KENAI CITY COUNCIL MEETING MINUTES AUGUST 6, 1997 PAGE 22 P�„U'PIVE 888ION -Evaluation of City Manager. MOTION: Councilman Smalley MOVED to convene in an executive session of the council of the City of Kenai, concerning matters that tend to prejudice the reputation and character of another: specifically, the evaluation of the city manager. Smalley requested Mr. Ross join the council in the session. Councilman Bookey SECONDED the motion. There were no objections. 80 ORDERED. FJ�CECUTIVE SESSION: 10:00 P.M. BACK TO ORDER: 11:44 P.M. Councilwoman Swarner reported the evaluation of the interim city manager was held and his services will continued to the city. The council meeting adjourned at approximately 11:45 p.m. Minutes tr scribed and prepared by: Carol L. Freas, City Clerk