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HomeMy WebLinkAbout1997-11-05 Council Minutes• AGENDA KENAI CITY COUNCIL - REGULAR MEETINQ NOVEMBER 5v 1997 7:00 P-M, KENAI CITY COUNCIL CHAMBERS http://www.Ronai.not/city JL _. 1. Pledge of Allegiance 2. Roll Cell 3. ADMINISTER OATHS OF OFFICE 4. ELECTION OF VICE MAYOR S. Agenda Approval 6. 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. }SCHEDULED PUBLIC COMMENT (10 Minutes) • 3. Dr. Peter Hansen - Development of Old Towne Bluff Park C. PUBLIC HEARINGS 1. osolntioa No. 97-73 - Adopting an Alternative. Allocation Method for the FY98 Shared Fisheries Business Tax Program and Certifying That This Allocatioft Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 2. Resolution No. 97-75 - Adopting the City of Kenai, Alaska 1998-1999 Capital Improvement Project (CIP) Priority List for Request of State Grants. 3. Resolution No. 97-76 -Amending Morrison Maierle, Inc. Engineering/Design Contracts on the ARFF. 4. Resolution No. 97.77 - Supporting the State of Alaska, Department of Transportation and Public Facilities in Its Effort to Properly Construct Pedestrian and Bike Paths Along. State Highways, and Describing the City of Kenai's Intent to Provide Seasonal Cleaning of the Paths Along the Bridge Access Road. -1. • D. R. 5. Resolution No. 97-78 - Awarding a Contract to PTI Communications for Public Pay Telephone Placement I in City Facilities. 6. Resolution No. 97-79 - Awarding a Contract to Aries Industries, Inc. for Furnishing a Sewer Line Video Camera and Recording System for the Total Amount of $12,703.00 Which Includes the Base Bid and All Additive Alternates. 7. Resolution No. 97-80 - Transferring $4,679 in the Fire Department Budget to Purchase Computers. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report 1. *Notes of October 8, 1997 Kenai City Council and Planning & Zoning Commission Joint Work Session. 2. *Regular Kenai City Council Meeting Minutes of October 15, 1997. 30 _ *Notes of October 22, 1997 Kenai City Council Work Session. F. C�EBPONDENCE 1. Disoussion/Approval - Proposed Changes to the Senior Housing Lease H. NR BUSUMS 1. Bills to be Paid, Bills to be Ratified 0 -2- r� I$ J. • 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1763-97 - Appropriating $60,000 for a City of Kenai Comprehensive Plan;. 4. Discussion - Variance Permit for Sign/Kenai New Life Assembly of God 5. Discussion - Draft Memorandum of Agreement Between the City of Kenai and the Alaska Challenger Center for Space and Science Technology. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council -3- KENAI CITY COUNCIL - REGULAR MEE rENG NOVEMB is 15, 1997 7:00 P.M. IMAI CITY COUNCIL CMAMBERB http://armamum.not/city Mayor John J. Wye, Pnoldia5 ITRWA: _.A.r... DER Mayor Williams called the meeting to order at approximately 7:00 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 Roll was taken by the City Clerk. Present were. Smalley, Williams, Hookey, Swarner, ` Moore, Measles and Bannock. A-3. ADMI11n8TER OAT88 O O C - Mayor Williams administered oaths of office to Councilmen uncilmen Measles and Smalley. Williams noted, at the completion of this new term, Councilman Measles will have served the City of Kenai as council member for 21 years and Councilman Smalley for 12 years. A-4. EJECTION OF VICE MAYOR MOTION: Councilman Smalley MOVED to nominate Raymond Measles for the position of Vice Mayor and Councilwoman Swarner SECONDED the motion. There were no other nominations. Mayor Williams closed the nominations. VOTE.. Mayor Williams noted there were no objections to the motion and ruled Raymond Measles elected as Vice Mayor. A-5. Mayor Williams requested the following changes to the agenda: 0 ADD AS: 8-2 - Bob Downs - Proposed Multi -Use Ice Facility • • KEPTAI CITY COUNCIL MEETING MINUTES IdOVEMBER 5, 19997 PACE 2 is Ob ADD TO: Infosmtation Item No. 6 - JW letter to HDB members. MOTION: Councilman Smalley MovED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-6. Mayor Williams noted there were no changes to the consent agenda. MOTION: Councilman Smalley MOVED to approve the consent agenda as presented and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. 8: SCNED ED PVELIC COS 8.1. Dr. Peter Hansen - Development of Old Towne Bluff Park Dr. Peter Hansen introduced himself and his wife, Karolee, as 30-year residents of Kenai and residing at 41S Rogers Road. Hansen explained, he and his wife have, over the years, found themselves going to the bluff in Old Towne to enjoy the view of the Inlet and the Chugach and Alaska mountain ranges. However, the continued -erosion of the bluff have limited the area where the view may be enjoyed. Hansen continued, he and his family discussed what they could do to preserve bluff property currently for sale and described as Lot 7, Block 20, Townsite of Kenai for the enjoyment of area residents and visitors, as the bluff area highlights the natural beauty of the community and geography of the area. Hansen then read into the record, his September 25, 1997 letter which was included in the packet for council review. Our family is interested in purchasing, developing, and giving to the City of Kenai the above parcel of land for the purpose of a park for public use in perpetuity; a park which citizens and visitors can come to, and observe the vast view overlooking the Chugah (sic) Mountain Range, mouth of the Kenai River, Cook Inlet, and volcanoes on the Alaska Peninsula across Cook Inlet. This lot appears to be the last parcel of this Y • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 51 19997 PAGE 3 size in old town which is not susceptible to bluff erosion and which is not presently in use. We would like to name the park after our late son, Erik, whose demise was November 25, 1996 at eh age of 32, because of a malignant brain tumor. Erik was an active Boy Scout during most of his life and achieved the rank of Eagle Scout in 1982. One part of his Eagle service project was heading up the May 1981 community spring clean up program. Erik grew up in Kenai from the age of 3 on, attended public schools and Kenai Peninsula College, loved Kenai, and considered Kenai his home. Our family has several ideas which we think could a utilized in making this in to a beautiful park. These include a wall several feet high along the edge of the bluff that people could sit on, Whicn would also discourage people from running up and down the bluff, green lawn with sidewalks and curbs, a statue of a scout overlooking the sea. These are a few basic thoughts. We would like input from the City of Kenai for its idesign, development, and completion. Specifically, we are asking for the blessing of the Parks and Recreation Department and Citizens' Advisory Committee to the Department, with the intent of giving a follow up presentation to the Kenai City Council. The requests of the City of Kenai in return for this gift would be as follows: 1) The City of Kenai assist with architectural design, development, and completion of park grounds and attached structures. 2) The City of Kenai accept the completed park grounds and attachments for ownership and maintenance in perpetuity. 3) The City of Kenai accept the name of the park as "Erik Hansen Scout Park". 4) If the use of this parcel be changed to something other than a peaceful park or the parcel no longer be maintained as a park, or the name be changed, then the parcel would revert to the next closest of kin to Peter O. and Karolee T. Hansen. The purchase and developed of this property would be financed in part through funds contributed by the many friends and relatives of Erik and the Hansen family. Signed, Peter O. Hansen, M.D., Father of P. Erik Hansen and Karolee T. . Hansen, Mother. KENAI CITY COUNCIL MEETING MINUTES . NOVEMBER 5, 19997 PAGE 4 Hansen reported he met with Parks & Recreation Director Frates to review costs to maintain and develop the park. Frates distributed cost information and explained, the design would be simple in order to maintenance costs down. He included shrubs, flowers, benches and picnic tables, a walkway and lawn and estimated total maintenance hours at 33.81 at an annual maintenance cost of $300. He estimated construction costs to be approximately $199500, excluding the cost of the statue. Frates added, the plan reflected manual watering, however Dr. Hansen requested an automatic watering system be included in the construction of the park. Frates noted there was a water main located along Mission Avenue, but additional costs would be involved for hooking into the water as there were no stubouts in that area. Also, Frates suggested hooking into the water line could be done in-house. Councilman Moore noted, he believed the maintenance costs were low. Frates answered, it was a conservative estimate and that the actual cost would depend on how the park is actually developed, however, he didn't think the yearly maintenance cost would exceed $300. isCity Manager Ross noted, he had not reviewed the Frates handout prior to the meeting and would like time for administration to review the estimates prior to council's relying on the information. He noted, hooking into the water could not be done in-house as the city has no backhoe with which to do the work. Moore questioned what Hansen meant as a "peaceful park." Hansen explained, he did not foresee the park being used to hold a rock concert or to play football. Their concept was for a viewing park where one could meditate and collect their thoughts. He added, he did not think the area would require restrooms as use of the park would be for short visits. Councilwoman Swarner noted, if picnic tables were placed there, people would have extended visits. She added, the definition for peaceful to one person may be different for another. She noted if there were certain activities not to be allowed there, they should be identified. Hansen noted his family would like the Parks & Recreation Department and the community help in the design of the park. The ideas presented were subject to change. Councilman Bannock noted, the Parks & Recreation Commission (minutes of their last meeting on this subject were attached to Hansen's letter) were in support of the project, but wanted an active hand in the design of the park, upon council's approval. When Hansen was asked if he currently owned the property, he answered no, and added, he needed council to make the decision of whether they would want to be the benefactor of the park prior to their completing the purchase. He added, they have • • KENAi CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 5 extended the purchase contract several times, and the seller has agreed to holding the property until December 15. Also, the family needs to make the gift (of the property to the city) by the end of this calendar year. Councilman Smalley asked Frates if he anticipated a strain on the Parks crew by adding this project and if he thought additional employees would be needed. Frates answered, the construction of the park would be a strain, but the maintenance, upon completion, would not be. Recess taken: 8:24 p.m. Back to order: 8:30 p.m. MOTION: Councilman Bannock MOVED to direct Administration to bring the issue back to council in resolution form for public hearing at its regular meeting of November 19 for action. Councilman Smalley SECONDED the motion. • It was noted, the resolution would be to accept the park. Moore asked if the Historic District Board would need to review the project. Smalley answered, because the resolution would involve the city's accepting the property, it would not be necessary for the Board to review the matter at this time. Attorney graves added, he didn't think the Board would need to review the acceptance of the land, but for subsequent design of the park, etc., they would. Smalley added, the Planning & Zoning Commission would not need to review the matter either, until after council's decision of whether to accept the land or not. Ross noted, the costs for development and maintenance would be reviewed prior to the meeting of the 191, as well as the hooking up to water service to the property. To clarify, Williams noted, the resolution would only deal with the acceptance of the property itself. If the property is accepted by council, the project design would go to the Historic District Board and Planning & Zoning Commission for review. Hansen added, in their concept, there were only benches and no picnic tables. Bannock also noted to clarify, the resolution would be to approve the concept of the city taking possession of the property, but not the design, including placement of trees, etc. He added, this is not a "done deal" at this point. The discussion would be, "if offered, will the city accept it." 0 • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 6 VOTE ON MOTION: There were no objections. 80 ORDERED. 13-2. Bob Downs - Proposed Multi -Use Ice Facility Downs introduced himself and noted he is a 25-year resident of the city and resided at 1616 Tanaga. Downs explained he attended a council meeting in the spring at which a presentation was made by the user group to encourage the council to consider the placement of a multi -use ice facility in the city. The facility would not be refrigerated. He noted, his family has been involved with the local hockey program for some time and he is presently assisting in coaching the KCHS hockey team. They do not get the needed amount of practice due to the shortage of ice time. Downs questioned the progress of the proposed project. Ross explained the city had submitted a proposal to the State to swap City -owned properties adjacent to the golf course (which carry restrictions for outdoor use . through the federal Bureau of Outdoor Recreation) for Mental Health Land that would be transferred from the Borough to the City located adjacent to Kenai Central. High School. The City -owned properties (by the golf course) would be sold for development and the funds received from the sales would be used to construct the multi -use facility. Upon approval of the proposal from the State, it would need approval from the Bureau of Outdoor Recreation. Ross noted, if approval is not received from BOR, the city would then request assistance from the congressional delegation. Ross added, Rick Baldwin and Nate Kiel (user group) have- been forwarded copies of - the proposal and kept informed of the progress, as well as Mayor Mike. Navarre and Bruce Phelps (State). Downs stated he appreciated the work the city had been doing in regard to the facility and wanted to make sure council was still on task. He asked, if the city would front the money for development of the facility, while the properties are being sold. Ross answered, that would be a decision for the council to address once appraisals on the properties were received. He noted, a plat had been filed with the Borough. The biggest problem at this time was getting through the federal system. He added, he intended to keep Baldwin engaged, but would not object to Downs' involvement. Also, the swap for properties adjacent to KCHS would allow co -use of the school parking lots and driveways, which has already been discussed and approved by the School District. Ross asked Downs if there was more than one user group. Downs answered, no, that he had come to the meeting on his own and asked for support from his hockey players • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 7 and their parents, noting some had attended this meeting to show their support. Smalley asked how many of the audience were in support of the multi -use facility. Approximately 21 raised their hands. Williams stated, he personally wanted refrigeration included in the facility and hoped the voters would bring a bond issue forward to pay for a facility with refrigeration instead of the bare -bones facility proposed. He added, the city was not carrying a lot of debt and those promoting the facility should get in touch with other groups who would also use the facility (dog shows, figure -skating groups, etc) and encourage them to show support of the project. Williams added, he thought involvement of other user groups would help bring a bond issue forward for a decent facility. Downs stated, the city had tried the bond issue before and it failed. If it were up to him, he would support a bond issue, but not all taxpayers would. He added, hockey players were a very small part of the city and he didn't think a bond issue.would fly if it would add taxes to property owners in the city. He believed, they first needed to build the bare -bones facility, expand the user programs, and then go back to the voters with a bigger base of people who would support a bond issue. He thought that could be done in another two or three years in the future. B-3. Bob Seymour - Kenai Central High School Hockey Booster Club. Councilman Smalley requested Seymour be added to the agenda. Seymour introduced himself and noted he lived at 607 Laurel Drive in Kenai. Seymour apologized for not requesting to be placed on the agenda last week, however, the Booster Club had just had their first meeting on Monday night. Seymour explained he was back before council to again request their purchase of a full -page advertisement in the KCHS hockey program. He added, monies collected for the sale of the ads go toward purchase of additional ice time for the team to practice. He requested council to purchase a full -page advertisement for $200. Clerk Freas verified council had included $200 in their budget for the purchase of the advertisement. MOTION: Councilman Smalley MOVED to purchase a full -page advertisement in the KCHS Hockey Program and Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. �J • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 8 TBM C' Pin= HEARINos C-1. R0801utIOU No. 97-73 - Adopting an Alternative Allocation Method for the FY98 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. MOTION: Councilman Hookey MOVED for adoption of Resolution No. 97-73 and Councilman Measles SECONDED the motion. There were no public comments. Moore questioned the "allocation method" included in the third whereas, ...of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method..." Finance Director Semmens stated it was his understanding the • municipalities had agreed on the State's allocation method because the alternative method would be a labor-intensive process and nobody wanted to do it. Semmens clarified that tax was not the major Fish Tax program. The Fisheries Business Tax program would pay the city about $4 500 and was not the Fish Tax program which the city splits 50% of the tax with the Borough. VOTE: There were no objections. SO ORDERED. C-3• Resolutioa No. 97-75 - Adopting the City of Kenai, Alas Capital Improvement Project (CIP) Priority List for Request of State 999 ants. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-75 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. Bob Peters - Peters asked if the library addition was not included on the list. Answer was no. Peters asked if the continued restoration of the bluff in Old Towne was on the list. Answer was no. Peters stated, he understood last year both items were on the lli hst, but they were no longer feasible requests from the State due to budget cuts. Wiams noted, the list had been developed by council and reflected what they believed were the most important capital issues at this time. • KENAi CITY COUNCII. MEETING MINUTES NOVEMBER 5,19997 PAGE 9 VOTE.. There were no objections. 80 ORDERED. C-3. Resolutions No. 97-76 - Amending Morrison Maierle, Inc. Engineering/Design Contracts on the ARFF. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-76 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. iC-4. Resolution No. 97-77 - Supporting the State of Alaska, Department of Transportation and Public Facilities in Its Effort to Properly Construct Pedestrian and Bike Paths Along State Highways, and Describing the City of Kenai's Intent to Provide Seasonal Cleaning of the Paths Along the Bridge Access Road. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-77 and Councilwoman Swarner SECONDED the motion. There were no'public comments. Public Works Director Rornelis noted, the city's district DOT requested council consider a resolution in support of the bike path placement in order for them to receive priority points to move them up the list of statewide project placements. Swarner asked, realistically when the paths would be placed. Kornelis answered, he didn't think the bike path would be a high priority, however there would be some work done on the road next year. VOTE: Smalley: Yes Williams: Yes Bookey: Yes Swarner. Yes Moore: Yes Measles: Yes Bannock: No 0 MOTION PASSED. KENAI CITY COUNCIL MEETING MINUTES NOVEMHER 5, 19997 PAGE 10 C.S. Resolution No. 97-78 - Awarding a Contract to PTI Communications for Public Pay Telephone Placement in City Facilities. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-78 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public comments. Bookey noted the resolution discussed a three-year exclusive contract and asked what the city's percent would be. Semmens explained, there were approximately 12 pay phones placed at various city buildings. The percentage is affected mostly by volume of usage. The phones at the airport terminal received the most use. PTI has agreed to pay the city 30% or $5,000 to $6,000 per year for all the phones in city facilities included in the contract. Bookey asked if there were other companies who might pay more of a percentage. Semmens answered, no one else had contacted them. He added, PTI owns the pay phones at city buildings now and he didn't think PTI was under any obligation to pay the city a percentage. However, if council wished, the city could solicit proposals from other vendors. He noted, deregulation was driving the offer. Semmens added, the revenue received from. the PTI contract would be placed in the Airport Fund since the terminal phones received the most use. However, if enough volume is generated from other phones in city buildings, the revenue would be directed to the appropriate funds. Moore asked if, under the contract, PTI could remove low -use or vandalized phones. Semmens answered, yes, however if it was a high -public service phone, but low -- usage, the phone would probably remain. Moore stated he would like the contract to state existing phones are to remain in place. Swarner asked if there were phones that received more vandal damage than others. Semmens answered, yes, the one at adult softball fields. Swarner stated, she agreed with Moore that PTI should not be able to remove phones due to low usage. Measles noted, PTI has the right to remove low -usage phones without the contract and without the city receiving any revenue at this time. He added, the city would have the option to purchase the phone to keep it at a location if it wanted. City Manager Ross stated, administration would investigate placing language in the contract that phones could be removed with the consent of the owner. Williams noted there were about five different phone companies working in the area now. Ross noted, PTI came to the city and he referred them to Semmens. Ross continued, for the next three years, it would be a good deal for the city and there may be potential • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 11 • u for additional revenue from another company as the market grows. However, no one else had stated an interest in buying or having pay phones in city buildings. Bookey stated he wanted to be sure new buildings corning on-line would receive pay phone service. Williams noted, operators of the buildings could contract with whomever they wanted for pay phones placed in their buildings. Measles noted, with an exclusive contract, a phone company would be hard pressed not to put in phones at the city's request. VOTE: There were no objections. SO ORDERED. C-6. Resolution No. 97-79 - Awarding a Contract to Aries Industries, Inc. for Furnishing a Sewer Line Video Camera and Recording System for the Total Amount of $12,703.00 Which Includes the Base Bid and All Additive Alternates. NOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-79 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-7. Resolution No. 97-80 - Transferring $4,679 in the Fire Department Budget to Purchase Computers. 1SOTION: Councilman Measles MOVED for adoption of Resolution No. 97-80 and Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no public or council comments. I. KLNAi CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 12 VOTE: There were no objections. 80 ORDERED. BRFAK TAKEN: 8:16 P.11, BACK TO ORDER: 8:28 P.M. D-1. Council on Aging - Swarner reminded council of the dinner at the Senior Center for elected officials and guests for Thursday at 6:30 p.m. D-2. Airport Commission - Councilman Measles reported the Commission would meet again on November 13. D-3. Harbor Commission - Councilman Bookey reported the Commission would meet again on November 10. D-4. Libn" Commission - Councilman Moore reported met on November 4. Information reported during the meeting was Librarian DeForest reported she attended a library conference in Girdwood; there were 143 individuals who attended the story -telling session last week; author John Broderick was scheduled to attend a book -signing session on December 7 at the library; and, nearly $14,000 was raised with the Friends raffle. Moore added, the Commission also discussed budget requests for the upcoming year and the Christmas Open House was scheduled for December 18, 1997 from 4:00 - 7:00 p.m. MOTION: Councilman Moore MOVED for the council to donate $500 toward the Open House and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. It was noted, the council had included $350 in their budget for the open house costs. D-8. Parfet & Recreation Commission - Councilman Bannock reported the Commission would meet again on November 6, 1997. D-6. Planning & Zoning Commission - Councilman Smalley reported the minutes of the last Commission meeting were included in the packet. He reviewed action taken and noted there had been interesting comments made at the end of the meeting. He also reported he would be out of town at the AML Conference for the • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 13 next P&Z meeting and requested his packet be forwarded to Councilman Bannock who would attend the meeting for him. D-7. Miscellaneous Commissions and Committees D-7a. Betifiattioa Committee - Councilwoman Swarner reported no meeting would be held in November. However, the minutes of the October meeting were included in the packet. D-7b. Historic District Board - Councilman Moore reported a copy of the last meeting's minutes were included in the packet. The next meeting was scheduled for November 17. Moore reported he would not be able to attend the November 17 meeting and requested another council member attend in his place. The letter added to the packet as Information No. 6 from Mayor Williams to the Historic District Board members was referred to and noted by council that it was an outstanding letter and they were behind the Mayor 100% in regard to his comments made in the letter. Williams noted, he tried to communicate to the Board the concerns stated by council during their last meeting. He added, a copy of the information included in the packet which City Manager Ross received in regard to membership amount, meetings required, etc. had also been forwarded to the Board members. D-7c. Challenger Board - Councilman Bannock reported the Board would meet in a special meeting on Friday, November 7 at 4:00 p.m. Project Director Popp reported the Board received a promise for a $2.5 million grant from NASA Education Budget which will be used to construct the Center. He added, they had been working closely with Senator Stevens' office in order to receive the grant. Popp also reported the Board of Governors had been formed to raise funds for the project. Members to the Board were Ann Campbell, Mark Begich, Andy Black, Jim Carter, John Erickson, Terry Hayman, Kevin Myer, Alan Norville, Carl Reed, Nancy Spear, Mark Stanley, Norm Story, Don Gilman (Chairman) and Astronaut Pete Conrad. Popp also reported, at their last Board of Governors' meeting they discussed corporate policies for fund raising and planned a fund-raising event for January 18 to be called Evening with the Astronauts. They plan to have approximately six astronauts in attendance to visit with attendees. Another fund raiser is being planned for the summer which will structured something like the Kenai River Classic. Noted also was an in -kind donation from the Peninsula Clarion of $10,000, $7,000 to be used for advertising and $3,000 for printing services. This donation will be • KENAI CITY COUNCIL MEETlN�} �g NO{/(r,MHER 5, 19997 I�TE9 PAGE 14 renewable for a second yeas., PO PP in the spring. PP also reported they hoped to have a D-7d' New next next meeting was scheduled November 17. nveatJoll Bureau Board- Bookey reported the D-7e. Alaska there would call � regard two th �e Report - Smalley uld be a , a League a legislative P atfo Orted he participated in a they will be stag percent cut in revenue sharin rm. They informed g the League wanted no more cut g this year and � the Also discu98ed was hab� s to revenue sharing. platform and bicycle parknc s, the AMLeducern$ for the development ational platform and of comnaumc'Pal skateboardin tY dividend program, g Not" of October 11 Comm . 1997 Ke issioa Joint Work 8.q� Approved by consent a City GotaeU andPlaaaia Benda. Regular Iteaw City Conoco Iseeting Approved by consent mutes o f, Ober agenda. 18, 1997. 2-3' Notes of October 22, 1997 Kew City C°'tutQil W Approved by consent ork se agenda. - asba, . C $ - None. O.1. D'8°u44i0n/A Pprovsi -Proposed Changes to NOTION: the Senior Housm g Lease Councilman Measles 'Dwelling Unit Lease Agreement for approval of the ement and Councilman ��edyed Vintage Pointe Manor SOED the motion. . KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 15 Councilman Moore noted he was satisfied with the draft which he felt covered the concerns of council stated at the last council meeting. Councilman Bookey asked if administration was comfortable with the amendments. Attorney Graves, Director Porter and City Manager Ross all stated they were. Councilman Smalley referred to Item N. page S. He stated he thought council's discussion was that the tenant would be held strictly responsible for any loss, damage or cleaning costs. Graves stated, his understanding was that it was to be beyond ordinary wear and tear for non -smoking -related damage and for smoking -related damage it was to be strictly liable for any damages or cleaning costs. Graves referred to Paragraph N and read, "Tenant is responsible for cost of damages caused b tenant .... when such damages are beyond normal wear and tear." and the next sentence dealt with the strict liability for smoking damage. Smalley referred to page 13 of the October 15 meeting and noted his concern had been covered. He added, he wanted to make sure the city was covered by both damage by smoking and damage by non-smoking. Porter suggested separating out Paragraph N into subparagraphs. Measles stated he didn't think a differentiation needed to be made between smoker and non-smoker in that paragraph because it states they are responsible for any damage or any unusual cleaning requirements. Bannock stated, he felt the amendments covered what his intent was with his suggestion of an amendment in the last meeting. Porter stated she thought the paragraph should say the tenant is responsible for any damage and not necessarily separate out whether it is due to smoke or not. Measles stated he thought the only place smokers and non-smokers needed to be separated was in the paragraph defining the deposit requirements. Any damage done, no matter what caused the damage, should be covered by the tenant. Williams noted, that should be considered an administrative change Measles stated, he was satisfied with the agreement with that change being made. Porter added, administration wanted to be able to recoup from a tenant for damages that are above and beyond normal wear and tear. Measles agreed. Porter noted, in the past, they were unable to recoup costs for damages beyond normal wear and tear because it wasn't defined. Ross added, for clarification, administration would beplacing an absolute liability in the agreement for any damages and the only differentiation between smoker and non- smoker would be in the deposit requirement. Graves was asked if that could be done. Graves stated, he understood the minutes to be that the council wanted the tenant to be responsible for any damage beyond ordinary wear and tear, which is in there now. . Measles agreed, but added, two sections, one for smokers and one for non.smokers IS was not needed. Graves agreed, adding, the city didn't care whether the tenant is a smoker or not. Measles noted, that part could be taken out of Paragraph N. N' • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 16 Chaves asked Measles if he was referring to ".....additionally, tenant will be held strictly responsible for any loss damage or cleaning costs to this or other dwelling units resulting from smoking in the dwelling unit"? Bannock suggested ending that sentence at "dwelling units." Chaves stated, he included that language because he thought there could be damage to a dwelling that is not the result of ordinary wear and tear. Bannock noted, odor -wise, there could be damage from someone cleaning a fish on the carpet. VOTE: Williams asked council if there were objections to the motion and passage on to administration for refinement as discussed. There were no objections. SO ORDERED. • H-1. Bills to be Paid, Bills to be Ratified is MOTION: Councilman Smalley MOVED for approval of the bills and Councilwoman Swarner SECONDED the motion. There were no objections. 60 ORDERED. H-2. Pnrehase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilmen Bookey SECONDED the motion. Ross referred to the information included in. the packet regarding the purchase order to Kent & Sullivan for the proposed work plan for the removal of the underground storage tank removal at the airport ($4,060)-. Ross stated, he brought the plan to inform council of commitments made regarding the removal of the tanks. Ross reminded council, in September, DEC had demanded the city remove the tanks this year. He wrote a letter to DEC on September 23 indicating the reasons why it was not appropriate to remove the tanks this year and remove them next year, in one . construction season and under one set of rules. Ross added, he anticipated the new rules, to be coming out soon, would be more lenient. DEC has since responded and agreed to Ross' terms. Ross added, there were commitments he made in his letter (1) the work plan; and, (2) the city will seek funding to do the tank removal next year. Ross noted, the city had • KENAI CITY COUNCIL MEETING MINUTES PiOVEMBER 5, 19997 PAGE 17 not and would not commit to do anything other than pipe assessment. The city would resist anything to do with removal of the piping. Ross added, he wanted to point out to council the comnaitnients he made in the negotiations with DEC so that council had a chance to state their objections and an alternative could be considered. Ross requested council approve the work plan. if There were no objections. 80 ORDERED. H-3. bdinence No. 1763-97 - Appropriating $60,000 for a City of Kenai Comprehensive Plan. Introduced by consent agenda. H-4. Disetusioa - Variance Permit for Sign/Kenai New Life Assembly of God Ross reported he spoke with Pastor Brown of the Kenai New Life Assembly of God Church and explained, the issue was before council because there are the owners of the land on which the church wanted to place the sign. In order to receive a variance, the land owner must give permission for an off -premises permit. Ross continued, the sign has been on city property (airport lands zoned conservation) for at least 20 years. The church's proposal is for a new sign. Ross noted, because it is a new sign, he told Pastor Brown he could not recommend to council to allow the variance because he didn't know on what basis they could allow an off -premises sign be constructed on the city's properly; -in a conservation -zone, and answer other parties in the future that might ask the city -as the property owner to consent -to - placing signs on other city property. Roy Smith - Board Member of New Life Assembly of God. Smith stated, there. was now a right-of-way (an undeveloped street) between the edge of the church property and the city property. He estimated the sign was about 100 feet from the boundary of the church property. Bannock asked why the matter didn't go to Planning & Zoning first. Ross answered, because permission is first needed from the property owner to allow placement of the sign. Bannock asked if council's action. at this meeting would be as the property owner. Ross answered yes, and if permission is received from council, as property owner, for placement of the sign, the church would then go to the Planning & Zoning Commission for consideration of the variance. 0 KENAI CITY COUNCIL MEETING MINUTES • NOVEMBER 5, 19997 PAGE 18 Moore asked how long the property owner would be giving permission for the. use -of the property for placement of the sign. Ross answered, as he understood it, it would be for perpetuity. Smith added, they would like it to be in perpetuity, but -the slab on which the sign would be bolted could be dismantled and moved in a few hours if it would be necessary. Moore noted, this council could not bind future councils for placement of the sign. Attorney Graves stated, the council could give written authority (a lease) with a time period (ten years). Bookey noted Ross' memorandum indicated the church researched their records and found there had been verbal permission received from the city to place their present sign on city property. Bookey asked if permission had been given administratively or by council. Ross answered, he researched the information with Pastor Brown and his memory was that information is in the record, but could not locate it at this time. Ross added, there was no time frame to use in searching city records. The best research of the city records was there was no permission given administratively. However, placement of the sign may have been back in 1972. Williams asked council if they wanted to give administration approval to proceed to prepare the matter for Planning & Zoning's consideration, or grant the use of the land. Smalley asked for administration's recommendation in the matter. Ross stated, he could not recommend approval to place a new sign as there could be a problem in considering like requests from other entities. City land matters cannot be considered arbitrarily like one's private property. Graves agreed, and added, sooner or later someone else may make a similar request. Smalley asked if the church wanted to, could they improve the existing sign. Graves answered, it could be said that permission was given in the TWs, and no new permission is being given to place a sign. Additionally, the city doesn't feel it would - renege on permission given in year's prior and the city had a legitimate reason to differentiate between new and old signs. Graves noted, he had no problem leaving the existing sign on the city property. Williams suggested the church could place the new sign on their parking lot property. Smith stated that was their alternate plan. Williams stated, his understanding was council had determined permission could not be granted to place the sign the church requested due to the Conservation Zone and limitation of the proximity of the sign to the highway frontage. Council had no other comments. Discussion - Draft Memorandum of Agreement Between the City of Kenai and the Alaska Challenger Center for Space and Science Technology. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 19 Ross reported the draft agreement had been prepared after meetings with Bill Popp and Challenger Board Members. He added, some items may have been added since council members had last seen the a0%NM erit. The draft has been circulated, however the Challenger Board had not addressed the matter as yet. Ross requested council to review the agreement, take a position on it during this meeting if they desired to, or indicate concerns and give it back to administration to readdress. Ross explained, the issue was to set a policy statement prior to getting into a management agreement which won't be done until the project is closer to construction. The policy statement is to define the relationship between the City of Kenai and the Challenger non-profit as the project is begun. Williams asked the agreement should give direction as to the role of the city as a pass - through grant agency for the Challenger. Ross referred to Item No. 4, where management of the construction of the project was discussed, and suggested language could be inserted on acceptance of construction funding. Williams requested the matter should be addressed as the first item because the funding needs to be addressed first. The funds have to be accepted from the federal government first . and then the donation of the land, etc. could be addressed. Bookey asked if all monies should be specified or only the federal grant received. It was agreed it should refer to all grant funds. Ross suggested to revise the language in Item 2, add the grant language requested and exchange it with Item 1. Ross noted, the present Item 2 discussed Challenger's responsibility for raising all capital construction costs for the facility. Graves suggested the language could be, "...if necessary, the city will act as a pass -through agency for grants." Williams requested it state, "...the city accepts the responsibility of acting as a pass -through agent." ' - Semmens noted, because the city would not be acting as a pass -through agent (the funds would not be passed through), he suggested language that "The city will be accepting and administering grants for construction of the facility." Bannock pointed out there are other grants that could be acquired which would not be used for construction of the facility, but used for on -going operation of the facility. He added, the language should not speak only to grants for construction and that for the on- going operation grants, the city would be a in pass -through position. Smalley asked Popp, with the tax status the Challenger Center is establishing, would that allow the Center to receive direct grants? Popp answered, yes. Popp urged council to differentiate grants that require oversight by a government agency, as opposed to grants that would come to the Challenger organization for program and content. He added, in his opinion there will be funds of which the Center will want to 0 • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 20 maintain control (program and content). However, in regard to the structure itself, which will belong to the city, the city should receive those grants for construction of the building and infrastructure regarding the building. Williams added, on grant applications, the first question is who will be the responsible party. The city will be the responsible party and it should be stated. Ross stated, some of the issues being discussed (grants for operation, etc.) will be addressed in the management contract. He added, the present agreement was not meant to be a document to establish a management relationship. However, a management agreement will be developed later (referred to in Item 5). Williams responded, the management agreement had nothing to do with the construction agreement and the first issue that will need addressing is, who is responsible for the money. He added, he thought that statement should be included in this document and the resolution to be considered to accept the grant. Ross agreed and noted, that language would be developed in the management agreement. Bannock noted, that would not be consistent with the first "whereas" in which it states "...cooperate in the planning, construction, and operation..." Bannock suggested adding into the title of the agreement, "Memorandum of Agreement Between the City of Kenai and the Alaska Challenger Center for Space and Science Technology ,moo ctio ." Then, at the end of the construction, the Memorandum of Agreement would not apply. He believed, using the word "operation" in the first whereas, there is a question and Item 5 doesn't mention the management agreement. Placing "Operation" in the title would take care of that concern. Ross noted, both Items 6 and 7 refer to operation understanding. What they were attempting to do was lay out the it discussed -in- the feasibility study. Some of the specifiics will have to be ironed out in a management contract. Bannock agreed. - Rose added, Item 5 on spoke to operational even though it is an outline for details to be added later. Williams agreed, it would be appropriate to do that because the details coming later will be more specific. He added, he would be happy with the agreement as long as it includes language in regard to accepting and administering funding. Williams requested the matter be passed on to administration with the comments. Popp reported the Board would be meeting on Friday in regard to an emergency issue and at that time, they will bring the agreement forward for the Board review and feedback. MOTION: Councilman Bannock MOVED that subject to the changes discussed, council accept the agreement and formally forward it to the Challenger Board for their consideration. Councilman Smalley SECONDED the motion. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 21 • Smalley clarified, Item 2, with added language regarding acceptance of responsibility to accept and administer grants, will become Item 1, and Item 1 will become Item 2. VOTE: There were no objections. 80 ORDERED. Rose reported he intends to have a construction committee formed with the Finance Director, Building Maintenance and City Engineer as well as representatives from Challenger (board members and administration). He requested a council member be included on the committee. Ross added, the committee would then develop the Request for Proposals (RFP) for the architectural services. Ross continued, the RFP would define the types of expertise desired, the architect would then form his team and the committee will review the credentials, select two or more architects to make presentations of their formal proposals. Ross suggested the committee be formed and begin their work in the near future. Councilman Smalley volunteered to be on the committee. There were no objections from council. F MC—UTM 8E88IOM - None Scheduled. ITIRM I: I-1. Mayor a. Alaska Coastal Policy Council - Williams referred to the letter included in the packet which requested candidates to serve on the Alaska Coastat Policy Council which oversees the Alaska Coastal Management Program. Williams requested interested council members to inform him in order to submit the nomination. b. Wal-Mart Great Award - Williams reported he had received an award of a $1,000 grant from the Wal-Mart organization and requested a resolution be prepared for accepting the grant and a subsequent , resolution to forward the award to the Challenger Project. There were no objections from council. I-2. City Manager a. Dairy Queen - Ross reported the appraisal process was underway. In regard to the previous council discussion about Dairy Queen signs and trade marks, Ross indicated a letter is in the file from the Dairy Queen . KENA1 CITY COUNCIL MEETING MINUTES NOVEA98ER 5, 19997 PAGE 22 • 0 corporation stating the signs are the responsibility of the city. He forwarded a letter to the Dairy Queen organization to inform them the facility was available and advised them to forward the information to anyone they are aware of who would be interested in a Dairy Queen franchise. Also, he indicated to Dairy Queen, the signs are their property and they should remove them. b. Fish & Game Board Meeting - Ross reported the Board did accept the city's request to change the agenda for the February meeting in order to hear the city's issues. C. KRSMA Comprehensive Plan - Ross reported he and Councilman Moore attended a Borough Assembly Land Use Meeting (regarding the Plan). Ross suggested the process may be flawed in that the local elected political leaders should first receive public comments made prior to their going to the Commissioner. d. E8I Meeting - Ross reported he met with ESI who returned signed leases. The City Attorney reviewed them and there are no substantiative changes made to the leases since council last reviewed them. Some language was debated, but those concerns were resolved. Ross added, unless directed otherwise, he would sign the leases and return a copy to ESI. Ross noted ESI was satisfied with the project's progress. e. ARFF Facility - Ross reported the project was proceeding. A change order was being prepared in regard to the non -potable well. At some point a change order would be brought to council in -regard to the audio- visual equipment. The Fire Department is now reviewing a system which will save a substantial amount of money. Ross continued, as the project progresses, there will be some grant funds coming and will be used for the Symtron Trainer or ARFF equipment and reimbursement of airport funds for the advancement on the engineering costs. Costs saved will be used for the furnishings (never in the budget) and for communications. Ross added, there had been some confusion if there was a communications package included with the audio-visual package. When the bids were received, the Fire Chief confirmed the communications equipment was not included. They also confirmed the bid specifications did not include communications equipment. Rose noted, there was no telecommunications equipment in this plan, however at the end of the project, if funds are available and with council approval, purchase of that equipment could be made. • KENAI CITY COUNCIL MEETING MINUTE3 NOVEMBER 5, 19997 PAGE 23 f. In —motion Item No. 6 - Ross referred to this information item which included a report from Administrative Assistant Kebschull in regard to membership and meeting requirements for the Historic District Board. Councilman Smalley referred to correspondence council received in regard to the proposed city manager contract and noted there had been no scheduled executive session in which to discuss it with Ross. Williams suggested council designate a time at which they wanted to discuss the issue. Ross stated, the information was forwarded to them for their review, but he did not want to hurry discussions and suggested council set a time for discussion at their discretion. MOTION: Councilman Measles MOVED that the Finance Director and the Attorney draft up an employment agreement for City Manager Rick Ross as outlined in his memo to council and under the conditions as outlined in his memo to both the Finance Director and the City Attorney specifying that in this situation they will report directly to the council, for this item only, and not to the manager, and bring it to the next council meeting for approval. Councilwoman Swarner SECONDED the motion. Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Williams referred back to the telecommunications equipment for the ARFF. Williams stated, there must be telecommunications equipment in the facility and it may be requiring the facility to have its own server for the Internet. He added, he didn't want to lose sight of the fact that telecommunication capabilities will be needed. Ross responded, he has concerns, due to the fast -tracking of the project, that the project can be brought on as desired. The goal is to bring the project in on target, and if there are contingency funds left and funds saved in the audio-visual package, the telecommunication equipment would be considered. He added, he was concerned there may be change orders or other unknown costs that may come forward before the project is completed. Until the project is completed, it won't be known if there are monies available for the telecommunications equipment. 1-3. Attorney Attorney Graves reported the judge denied the plaintiff's motion to reconsider dismissal of their complaint in the Woodland case. The case is closed. I-4. City Clerk - No report. 0 • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 24 _�• Finance Director a. City Exemption ftom Odes and Bed Taxes - Finance Director Semmens reported he included a memorandum in the packet in regard to exemption of city employees from paying sales and bed taxes. He added, if purchase orders are used for hotel charges, the city avoids paying these taxes to other snunidpalities. He encouraged council to do so and include costs on the purchase order for incidentals. b. Kenai Coalition Meeting - Semmens reported, a discussion of personal property taxes will be included on the meeting agenda. He continued, an ordinance will be introduced during the Assembly meeting of November 18. The ordinance will have three elements to it: (1) a flat tax on boats (taxes on boats are currently taxed based on value) - $0 for boats less than 20' in length to $1,000 for boats over 100' in length. Also, most pleasure boats will be taxed $50. (2) All individuals will have a $100,000 personal property tax exemption on everything except boats. (3) Increase in motor vehicle taxes -- $8 for vehicles pre-1990, $10 increase on new vehicles. Semmens added, the ordinance will be discussed at the finance committee meeting on November 18, as well as during the Coalition meeting. Semmens stated, if the predictions are accurate, the city would receive $25,000 in additional motor vehicle revenue if the city doesn't go along with the Borough's proposed changes. He was not aware of what the impact will be if the city goes along with the proposed changes. He expects additional information in regard to the ordinance prior to action by the Assembly. Bannock asked if the ordinance will allow owners of boats less than 20' long to receive a tax break and owners of cars will have a tax increase. Semmens answered yes. Williams asked if the city was really getting their share of the revenue from the Borough. Semmens answered, he thought the formula that allocates motor vehicle tax substitutes population for assessed value. Otherwise, all taxes are distributed the same. He added, the Borough and its service areas get approximately 90% of all motor vehicle dollars. • • • K^NAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 25 14. Public Works Director a. DOT Letter - Public Works Director Kornelis reported, he wrote a letter to DOT in regard to council's concerns about the entrance on to Tern Avenue from Bridge Access Road and the deterioration of the Spur Highway intersections and especially the Willow Street intersection. b. Animal Shelter Project - Kornelis reported the project was progressing smoothly and was over 50% complete. Smalley requested (with concurrence of council and the Parks & Recreation Commission) that the city investigate locating a water line in the Municipal Cemetery. At this time there is no water supply to the cemetery and he has received several requests for a water source to be located theres Bookey stated, council discussed this concern several years ago and found the water main to be a long way from the cemetery. Smalley suggested, a water source could be a stanchion tank during the summer season. Kornelis suggested a small hand well being placed. Smalley requested alternatives be investigated. I-7. Airport Manager - No report. AIISC_UBSS J-1. Citisens Bill Popp - Representing the Sears PTA, Popp reported the playground was almost complete and the park was progressing nicely. Money has been set aside to seed the remaining area in the spring. Next year, they hope to discuss with council the placement of benches in the treed areas for use while children play on the playground equipment. Swarner suggested the PTA contact the Kenai Care Center as they were from whom the city acquired their park benches. Popp also reported the new Big Toy had been installed. Bill Popp - As an Assembly member, Popp reported he had not yet seen the proposed personal property tax ordinance. J-2. Council Bookep - No comments. Swarner - Noted junk vehicles parked on the old HEA substation property at Fourth and Forest. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 5, 19997 PAGE 26 Moore - No comna�ents. Measles - No comments. Bannock - No comments. Smalley - Noted the sidewalks along the Spur had been plowed and encouraged the city sidewalks be cleared as soon as possible for safety of pedestrians. The meeting adjourned at approximately 9:54 p.m. Minutes transcribed and prepared by: 4A0f_&x, a.�� Carol L. Freas, City Clerk AROVID BY COMM •