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HomeMy WebLinkAbout1997-11-19 Council Minutes• AGENDA KEIITAI CITY UFO NOVEMFR 199 1997 7:00 y.11[. KENAI CITY COUNCIL CIAffiSERB http://www Kenni.not/city A. CALL TO ORDER 1. Pledge of Allegiance - Hoy $tout Troop 357/Flag Ceremony 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. BOMRSM PUBLIC CD NT (10 Minutes) 1. Dottie Fischer - Lease of Airport Gift Shop 1. Ordinance No. 1763-97 - Appropriating $60,000 for a City of Kenai Comprehensive Plan. 2. Resolution No. 97-81 - Accepting $1,000 American Hometown Leadership Award Grant From the Wal-Mart Foundation. 3. Resolution No. 97-82 - Accepting the Donation of Property Described as Lot 7, Block 20, Townsite of Kenai, From Dr. Peter 0. and Karolee T. Hansen for Use as a Public Park in Memory of Their Son, P. Erik Hansen. D. C_ QXMUBSION/COMMITTE j B 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 E. MINUTES 1. *Regular Meeting of November 5, 1997. F. CORREBPOHDENCE 0. OLD BUSiMESB H. N W BUBINEBB 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinancs NO. 1764.97 - Appropriating $1,000 Received From the Wal-Mart Foundation. 4. Discussion/Approval - Employment Agreement Between City of Kenai and Richard A. Ross. EXECUTIVE SE�S�„8I0„�N„ - None Scheduled. I. ADbIM 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -2- J. RAM 1. Citizens (five minutes) 2. Council 0 • KENAI CITY COUNCIL - REGiULAR MEETING NOVEMBER 190 1997 7:00 P.M. KENAI CITY COUNClIk C$ER8 MAYOR JOHN J. WILLIAMB, PRESIDING} _L A�'..'_. L.. Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. Williams reported the city, at the recently AML Conference, received AML's 1997 Alaska Award of Excellen a and thanked Clerk Freas for the composition work and Councilwoman Swarner for her suggestion the city apply for the award. Williams noted, the award application was based on the community's interest and participation in the Economic Forum held in April. Boy Scout Troop 357 conducted a flag ceremony and the audience participated in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Moore, Measles, Bannock and Smalley. A-5. Mayor Williams requested the following changes to the agenda: • ADD TO: C-3, Kenaitze Indian Tribe Resolution No. 97-31 requesting all negotiations of the development of Lot 7, Block 20, Townsite of Kenai, cease until research can be compiled on the historical significance of the site. _ ADD AS: Informzation Item No. 13 - KPB Resolution No. 97-079 supporting the possible adoption of the Kenai River Comprehensive Management Plan as amended and passed at the November 18, 1997 Borough Assembly Meeting. MOTION: Councilman Measles MOVED for approval of agenda as amended and Councilman Smalley SECONDED the motion. There were no objections. 80 0-0 -1 HIRED. A-6. Mayor Williams reported he had no changes to the consent agenda. • KENAI CITY COUNCIL MEETING MINUTE$ PTOVEMBER 19, 1997 PAGE 2 MOTION: Councilman Measles MOVED for approval of the consent agenda as presented and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. 81 t It 8C8EDULED PUBLIC COMMENT Dottie Fischer - Lease of Airport Gift Shop Dottie Fischer and Charlotte Legg explained they had submitted a proposal to the Airport Manager for the lease of the airport gift shop for use as a gift shop and travel agency. The Airport Commission had also reviewed the proposal and had no objections. Fischer noted, their proposal (included in the packet) was submitted prior to a meeting with City Manager Ross and Airport Manager Ernst wherein they were informed of problems the city was having with the present lessee of the gift shop. • Fischer continued, at that meeting, they were informed of the glassed -in area which could be leased for a travel agency for the time being and when the gift shop area was available, it would be their intention to have both businesses in the gift shop area. Legg added, the travel agency would be a full -service business and noted, they now advertise through the Internet. City Manager Ross explained, the gift shop area would not be made available for leasing to Fischer and Legg until the legal problems with the present lessee are resolved. He added, they discussed Fischer/Legg leasing the glassed -in area for six months on a month -to -month basis. When the gift shop area becomes available, council will have to decide whether they want to lease it on an exclusive (an RFP would be required) or non-exclusive basis. If council chooses the area to be leased on an exclusive basis, Fischer/Legg will have to submit a proposal. If council chooses to lease the area on a non-exclusive basis, council could decide whether they wanted to lease the area to Fischer/Legg. Ross stated, Administration recommended the city enter into a month -to -month lease. for the glassed -in area with Fischer and Legg. Attorney Graves reported, a formal notice to quit for non-compliance of business . hours and non-payment of rent was sent to the present lessee. He expected it would be several months before the city would be able to offer the space for rent. Fischer explained, they would be able to move into the glassed -in area as soon as they received some airport and airline support for issuing tickets. She added, because KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 3 they would not want to pay the $750 required to move computer equipment .for issuing tickets and making reservations (within the six-month time), they would be hand -writing tickets. Plates for doing so would be needed and it may take some time to receive the plates. She added, they probably would be able to move in the middle of December or first of January. Airport Manager Ernst explained the current square foot rate for the airport was $1.65. For the glassed -in area, the monthly rent would be $259.15 with tax. This rent cost was discussed with Fischer/Legg and they agreed to the amount. Ernst continued, the current rental rate of the gift shop is $400 and he recommended to continue with that rate as it was a flat rate negotiated with the present lessee. He added, council could decide after six months if the space should be rented exclusively or -non -exclusively which could determine the rental rate. Councilman Bannock asked Fischer/ Legg if they were comfortable with a six-month agreement even with the possibility they may not get the gift shop space later. Fischer answered, she was comfortable with the six-month arrangement. is Ross added, the six-month agreement would include a 30-day notice if the business doesn't work out. This lease would be a non-exclusive lease, which would allow another travel agency to move into gift shop space (if Fischer/Legg were unsuccessful in acquiring the space). Ross noted, those six months would allow the city to get possession of the gift shop area and time for council to decide on the exclusive, non- exclusive question. MOTION: Councilman Measles MOVED to proceed as proposed and Councilman Smalley SECONDED the motion. Councilwoman Swarner noted at one time council had discussed allowing the Kenai Visitors Center to use space at the airport for disseminating brochures, answering questions, etc. Swarner asked if that was still in progress. Councilman Bookey answered, that discussion had been held with the prior director and was no longer a consideration. It was noted, however, the KVCC visitor information is available in the empty car rental booth (until the space is leased) with the permission of the Airport Manager. I IT RM, LIC HEARINtiB C-1. Ordinance No. 1763-97 - Appropriating $60,000 for a City of Kenai Comprehensive Plan. i . KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 4 MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1763-97 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. Ross explained, during the last annual budget preparation it was learned the city could. obtain $30,000 from the Borough for the updating of the city's comprehensive plan. It is not anticipated the monies will be encumbered in this fiscal year, but the funds can be rolled over. He added, it may be two years before the plan would be updated, but he wanted to capture the funds from the Borough. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-2. Re801utioa No. 97-81- Accepting $1,000 American Hometown Leadership Award Grant From the Wal-Mart Foundation. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-81 and Councilwoman. Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-3. Resolution No. 97-82 - Accepting the Donation of Property Described as Lot ?, Block 20, Townsite of Kenai, From Dr. Peter O, and Karolee T. Hansen for Use as a Public Park in Memory of Their Son, P. Erik Hansen. 0 • KENAI CITY NOVEMBER PAGE 5 • 0 MOTION: COUNCIL MEETING MINUTES 19, 1997 Councilman Smalley MOVED for adoption of Resolution No. 97-82 and Councilman Bannock SECONDED the motion. Williams opened the floor for public comment. Robert Fulton - Fulton introduced himself as the Vice -Chair of the Kenaitze Indian Tribe Tribal Council and read into the record the Tribe's Resolution No. 97-31 as follows: WHEREAS, the Kenaitze Indian Tribe, IRA, a federally recognized Tribe, reorganized in August, 1971 pursuant to the Indian Reorganization Act (IRA) of 1934, as amended for Alaska in 1936 and is responsible (in accordance with the Preamble to the Tribal Constitution) for the social and economic welfare of its 951 Tribal members and for the welfare of the total 2,767 Alaska Native residents of Central and Upper southern Kenai Peninsula of South -Central Alaska; and WHEREAS, the Kenaitze Indian Tribe, IRA has established long range goal which relate to the collective and individual, social, economic, and governmental concerns of its people; and WHEREAS, the Kenaitze Indian Tribe, IRA has lost nearly all of its vital culture and heritage through apathy, insensitivity and commercialism; and WHEREAS, the Kenaitze Indian Tribe, IRA believes that it is of vital importance to the Tribe to protect and preserve the historical and cultural remains of its ancestors, and has recognized the importance of preserving and revitalizing the Dena'ina language, and to increase public awareness and knowledge of the Dena'ina people who settled in the Cook Inlet Basin in South Central Alaska; and WHEREAS, Dr. Peter O. Hansen has submitted a proposal tot eh City of Kenai for the development of a public use park on the bluff off Mission Avenue in Kenai (Lot 7, Block 20, Townsite of Kenai); and WHEREAS, Lot 7, Block 20, Townsite of Kenai is a historical burial site for the Kenaitze Dena'ina, and human remains identified as being post contact Alaska Native dating back to late 1700's to mid 1800's have been discovered at this site on several occasions; and �J • KENAI CITY COUNCIL MEETINGr MINUTES NOVEMBER 19, 1997 PAGE 6 NOW THEREFORE BE IT RESOLVED by the Executive Committee/Tribal Council of the Kenaitze Indian Tribe, IRA, at its regularly scheduled Council Meeting of November 12, 1997 that the Tribe respectfully requests that all negotiations of the development of Lot 7, Block 20, Townsite of Kenai, cease until research can be compiled on the historical significance of this site. Kelly Gifford - Introduced herself as a member of the city Parks & Recreation Commission. Gifford reported, the Commission, after hearing a presentation from Dr. Hansen, voted unanimously for support of the development of the park and felt it would be a perfect place to have a memorial there as well. She added, the Hansen family has done a lot for the community and there should be a way to thank them. Charles Bailie - Bailie stated, for over 20 years he had a dental office on the bluff and from it, he had an excellent view of the bluff. Lots of people went to the bluff to watch the belugas, view the mountains, etc. The city is losing a beautiful view of the river (due to the sloughing of the bluff along Mission Avenue). He added, he would like to see the park developed as it would serve the visitors and community well. He stated, he would like something to work out with the Hansen family and the Native community as well. The park would benefit all. Gerry Allen - Allen explained, he had been asked by the Hansen's to give testimony on the park. He continued, it was the Hansen"s intention to honor Erik and his life. He attained the rank of Eagle Scout and symbolized scouting. They are trying to honor that symbol and scouting. He added, he though scouting was a good program and this would be a good way to honor both scouting and Erik Hansen. He stated, he thought what Hansen's had in mind would be a good testament. .Allen continued, the Hansen's want a quiet place - a place for reflection, praying, etc. The old and new could be taken - a city from the past and where it can go in the future. He thinks the park would combine all of those and will reflect all that Hansen's are trying to do. Teresa Werner -Quads - Quade explained, she is a member of the Planning & Zoning Commission. At their last meeting, the Commission reviewed the Hansen proposal and they found unanimously in favor that the park would serve the community favorably. They discussed the proposal in length. They felt the park wouldn't personify a loud place, but would be more of a quiet reflective place. Verbatim begins: Peter 0. Hansen - Mr. Mayor, councilmen and councilwomen, my name is Pete Hansen. I live at 418 Rogers Road in Kenai. I'm hear to speak in support of this park. • KENAI CITY COUNCIL MEETING MINUTES MOVEMHER 19, 1997 PAGE 7 I noticed though in the resolution that the third whereas, the third paragraph, the third whereas, in the third line, the word peaceful was left out and this was submitted last week in the proposal to the city and then respect of that particular word, "peaceful," and in response Councilwoman Swarner's request for what we mean by a peaceful park, I put together some things I would like to pass out. These are all the same and (inaudible) a copy to look at some suggestions. Now, these are just some suggestions of what our family has come up with and along these lines, I would like to pass out a few of these to the people in the audience. But, I would respectfully request of the council that they put that word back in like it was in the original proposal. I think that you"ve heard some testimony tonight on for a peaceful sort of park. One that maybe is away from the highway traffic, athletics, all sorts of things. That wo%dd be my request tonight and I do support the proposal. Smalley - Mr. Mayor? Williams - Yes. Smalley - I have a question for Dr. Hansen. Dr. Hansen, I visited with you on the telephone on this and I'm looking at the very last one, "no memorials or statues to be added other than that of a scout." After the discussion is completed here this evening, is it possible should this pass that you would consider allowing the Native communities to bring over a plaque that could be mounted, giving recognition to those Alaska Natives that are buried, not only on that property, but in that part of town. Because this particular part of property, I would imagine is one of many sites where there are burials. Hansen - I would think that would be very, very appropriate. I think it would be really unique up there that says, you know, -something like "Below us or -along this bluff are the remains of many inhabitants prior to this time, or Kenaitze Tribal members or Athabascan Natives, whatever." I think that would be very appropriate. We don't, you notice, there isn't anything about signs on here and there doesn't have to be a statue or anything like that really, if the council and the Parks 8s Recreation. does not want a statue of any kind, but our family is prepared to provide a unique statue of a scout, looking out over the sea when the time comes if that's what the city wants. Thank you. But I guess my request would be you consider an amendment to put that word "peaceful" back in. I don't know whether it was inadvertently left out or intentionally left out of the resolution tonight. Williams - City Manager. • KENAI CITY NOVEMBER PAGE 8 COUNCIL MEETING MINUTES 19, 1997 Ross - The dropping of the peaceful, and you're referring to the third whereas? Hansen - Yes, um hmm. Ross - The problem would be, and I would let the city attorney address it further, is to put peaceful in there with a reversionary clause that it reverts back to the family if peaceful, which is not in there, is really an undefined term. Maybe no musical instruments are the intent of the family, but the legal force of the Police Department being able to go and remove somebody sitting there strumming a guitar or even somebody with a picket sign, you're up against some constitutional protections that, while the intent is good, and we would hope the park would be used within the intent that you've given to peaceful, the enforcement capability of the city to enforce some of those items, as they're defined within peaceful within that reversionary clause, would leave some real impracticalities of being able to do that. And that's why. If there was another clause in there where you would like the council to talk about and consider peaceful, possibly then, but III let the city attorney address it further. Graves - I think Rick summed it up really well. From a purely technical point of view • on deed language, the term "peaceful" is really problematic for terms of interpretation. From a technical perspective, I don't have problems with intent language in the preamble, that this is the intent, but as far as a reversionary clause containing the word "peaceful" I think it's full of problems in the future. 0 Hansen - I understand you can't, you can't prevent a person in a public place from standing up on a soap box and giving a talk, right? I really understand that thought and, but maybe with the, any suggestions for how we could keep the intent in mind with the city's acceptance of the park? -I guess, could that be kept in mind as a. '..best way to do that ... Maybe a signage, for example, a little simple sign. Something to let - the public, or bring about a little public awareness that, I mean, I can see in another year or two, the number of visitors, the RV park, growth of things in that area, our historical area gets off the ground, there may be vendors out there selling ice cream bars and souvenirs and all sorts of things and do we really want that? That's one question I've got. The other question is, can we prohibit that? Can the city prohibit some of that type of thing? �iravea - Some activities we can prohibit. You know, I think you could prohibit some athletic activities, but when you get to certain political activities, that where you get problems. I mentioned it in the deed, there's no problem with saying, "the intent of the donation is to have a park that does this," as long as we don't have in the reversionary clause itself the term "peaceful." And, I think, the Parks & Rec Commission and the council and ultimately the manager are the ones that establish the rules. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 9 W1lliams - Councilman Bannock. Sanaoolc - Dr. Hansen, this is, I think what the attorney is saying is something similar to what you and I had spoke of on the telephone. If we could create a, perhaps a new second whereas to the resolution, that would certainly state the intent of the giver of the park and the acceptance upon the council, yet not be something that is bound to the third whereas, as we have it right now, that everyone here, everyone years from now, will know exactly what the intent was so there will be zero confusion. We had confusion a couple of, last summer, we had confusion about things that could go on and there was never anything, any intent that was written down for people ten, 15, 20 years from now to be able to do. If we were able to create a paragraph that read, I just drafted a note here, if we took a new second whereas and that second whereas said, Whereas, it is the intent of the Hansen family that the use of this park be for a peaceful place of reflection... then it's not necessarily bound.. Those strings that are attached in the third whereas are not the same strings that would be in this one. But clearly, everyone here knows and everyone down the road will know, why this park was given as a gift to the city of Kenai. Hansen - I think that's an excellent idea. I think that's an excellent way to work it out. That way there would be some, in the formal acceptance, there will be idea of the intent of the family in donating to the city. Bannock - But it will not be a string, it would not be a string. There are two very good strings attached to this third whereas. Hansen - I need to consult with my other half. Bannock - Absolutely. Kasolee Hansen - Same address. In just speaking for myself, I am really not worried that this park will turn into a loud, noisy place. I think in the past, weave seen beautiful places in Kenai such as the Leif Hansen Park, and I know there have been some activities there and truly, they never bothered me. I think people will generally do, people of Kenai, basically, will do the proper things at the right places and for myself, I am not worried what kinds of activities will be taking place there. I think the majority of the people who will be coming there will be coming to view the view. And if there's an occasional person who may be a child who rums up there on his bicycle or skateboard, then so be it. It doesn't really bother me, and I'm speaking for myself. • KENAI CITY COUNCIL MEETING MINUTES NOVEMSER 19, 1997 PAGE 10 Or, if somebody decides to bring his guitar and a flute and sit there and play a little tune looking out over the ocean, that does not bother me. If somebody wants to come to sell some ice cream in front of there, it does not really bother me. I think it11 be just fine. That's all I have to say. Williams - Okay. Further discussion with Dr. Hansen? Questions? So, you're offering an amendment to the resolution. Bannock - If we're done with public comment. Williams - Let's see if there's more. Is there more public input? Necessary - Mayor and council members. My name is Mark Necessary. I live at 1625 Fathom Drive, Kenai. I'm here tonight to speak in favor of the resolution. What Ire heard of the previous speakers, I think that this could be probably worked out and I think it would be to the betterment of our community. Thank you. Williams - Thank you. Is there anyone else from the general public wishing to be 40 heard? Any comments with regard to this matter? Well bring it back to council. Councilwoman Swarner first. Swarner - I guess I have a question of Mr. Fulton. Do you, did you discuss the name of the park at your meeting, if you could come to the microphone, and what the feeling of the Native community is on that. Fulton - Would you state your question again? I didn't... Swan or - Did you discuss the proposed name of this park? Fulton - No, we didn't and the basic idea was favorable. It came fast. The council didn't have a chance to really study it in depth. We wanted to stop the action simply on the strength that this area is sensitive to Kenaitze. This is our heritage. This is where we stem from and you look in Old Town and there's not too many things drawing attention to us or to our burial sites and over time, a lot have been destroyed without any consideration and so we would hope to be able to work with council and with the Hansen family on that. We weren't strongly objecting to it, but we were objecting to the going ahead without consulting Kenaitze because this is a sensitive area to us. Old Town is where we stem from. This is us. Old Town. And we'd like to protect it as much as we can. Sararnor - And what did you, did you have any suggestions and what.... 0 • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 11 Fulton - Well, we never talked about it. We didn't like it being just — liked it to be a broader memorial and that was brought on the floor here without any objections. I think it could be worked out myself. This is a personal opinion — I'm just speaking for myself and I want that on record. But, I think it could be worked out myself on the details. You'd have to meet and discuss and work on it. I think we'd like to see a broader memorial than just for scouting or just for one group. It is a traditional burial site that I think it would be appropriate to honor those people myself and that's all I have to say on it. Swarner - Thank you. Williams - Councilman Moore. Moore - Mr. Fulton, another question for you. Just, in your resolution that you read to us, the last, "Now therefore be it resolved" you stated that you request that all negotiations cease until "research can be compiled on the historical significance of the site." Are you currently conducting research on the site or Old Town, and if so, when do you anticipate completion of the research? • Fulton - No, we haven't instituted any research on that ... Rita, as far as I know, we haven't done anything on that, have we? Rita Smagge (from the audience) - Sasha Lindgren, who is our cultural director, is presently, has started... inaudible.... Moore - So, there's a plan? $magge - Pardon me? Moore - Is there a plan? Smagge - She hasn't completed her research and when she will bring it to the council for consideration. Williams - Did I see another council member's hand? All right, III take the liberty of making some comments, as long as everyone else is.... Bannock - I'm sorry, Mr., I thought if there were any more questions for Mr. Fulton. Williams - Yes, I thought I saw another council's hand. • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 12 Bannock - It's not for you Mr. Fulton, thank you. Mr. Mayor, I would like to make an amendment to the resolution. I'd like to insert a new second whereas that would read, Whereas, it is the intent of the Hansen family that the use of this park be for a peaceful place of reflection, Smalley - I'l1 second that. Williams - It's been amended, a motion to amend and second. Further discussion. Councilman Smalley. Smalley - Now the question is of Councilman Bannock. Do you mean to replace, is that right, that second whereas? Bannock - Ah, no. Insert, insert between what is now one and two. Smalley -Okay. Thank you. • Bannock - It would be an insert. Williams - Further discussion. Any objection to the amendment. No objections to the amendment. So moved. Further discussion? Councilman Bannock. Bannock - Thank you. Now I'd like to speak to the resolution as a whole. As noted earlier, this proposal has been to Parks & Recreation. It was at Parks & Recreation first.- It -went throug h the proper channels. Dr. Hansen -came -to Parks as Recreation and made a very intense proposal of what was - going to happen. There were- good questions of Parks & Recreation from the commissioners. The commissioners adopted this program. They think it's good for Kenai. It's good for Old Town and it's good for all of us. As Ms. Werner-Quade mentioned, I brought it up at last week's Planning & Zoning Commission. There were some good questions there. There was a little bit of discussion in regards to the newspaper article in regards to it where there was perhaps some, a little bit too stringent requirements that perhaps the Hansen fancily had placed for fear that the Hansen family, at a given time, could retract the , offer. I think we've taken care of that tonight so that cannot happen. This is a good program for all of us. Were not disrespecting the views of the, Kenaitze Indian Tribe or any other Indian organization or religious group that may have these roots. and history in Old Town, Kenai. But, I would urge the council, take this program. Be grateful for it, and move along for the betterment of ourselves and for our community. 0 Williams - Thank you. Councilman Bookey. KENAI CITY NOVEMBER PAGE 13 COUNCIL MEETING MINUTES 19, 1997 Bookey - I too would like to speak to the whole resolution and that is ... first of, I'd like to ask the administration if we have any further cost analysis on what this park is going to cost to develop? Ross - We looked at the cost. If a watering system is put in, the annual maintenance cost should be in the neighborhood of approximately $1,000. The development costs we projected at approximately $30,000. Now, that is on the basis that we do no excavation on the site, removal of bad material, and that's on the basis that we use gravel walkways and any structures would be non -masonry, would be able to float with any heaving of that terrain because, as several of you know, there's a lot of bad material there that we would choose not to excavate and to come back with gravel. It would be my intention that if council did adopt this resolution, that after a formal site plan is worked out with the Parks & Recreation, you would see it as a submittal in your FY99 budget to be addressed at that time. Whether it was funded for FY99, partially funded, or fully funded, it would be in the budget process. Bookey - Thank you. To me, I guess, the construction costs are really immaterial. I know a little about the site. I was involved with the site with the previous owner or the owner that's standing, I guess. And, I made aware to the manager., that there is significant materials buried on that site that would have to be removed if we were going to go any farther than this program is. But I do have, and I hope nobody takes this in disrespect on your side, Dr. Hansen, because I've known you for 30 years and I, you know, he's been my doctor for 30 years, so, I have no problem with this, but I do have a problem with this, going through this thing because of the cultural aspect of it. And, I think, we do not have to annihilate the Native population on this program. I'd like to see us slow this thing down. Get the two groups together because I think it could be major positive for both sides and, and- something that could be really well -respected by the community at large on both _sides if we do that. And, I know you have a time line, but I would suggest that we table this motion tonight and that we bring these groups together and we come back with something that's acceptable on both sides that I feel, I personally could be very comfortable in supporting if I can see this thing worked out. Williams - Thank you. Councilman Measles. Measles - Yeah, maybe a follow-up a little bit of what Councilman Bookey was talking about there. Basically, this resolution tonight only accepts the property for the purpose of building a park and as the city manager pointed out, the site plan will be developed by Parks & Rec with probably input from P&Z and anyone else. I don't have a problem at all with passing this resolution accepting the property for that. purpose and at the time Parks & Rec starts developing this site plan, that's the time for all interested parties to be involved in that process. And, if at any point, an agreement can't be reached, and the property is not developed as a park, it does . KENAI CITY COUNCIL MEE'TYJva MINUTES NOVEMBER 19, 1997 PAGE 14 revert back to the H resolution and Hansen so so nothin . resolution s move to the n g is lost. Igroupwould well sans he Hansen faiilily and theep °f �e site �e to see us pass fy everybody plan wherein the various this �Y for the bett ty can all come together an lNative sent of the entire commun -d deli Waame - Councilwoman Sw tY 8rt a Pm•k that arner. Thank Y. Wellyou Councilman Measles, resolution - is • ' in light of the other mer the Just to accept this ro �scussion regar park as Erik H p perty as a Hansen Scout Park park, I would mov1e intent of this help of the Native com:nuS and )eta a to delete th Native community too, I woul and the COmrnurutY. 8e be chosen between a name of park. d have a hard eCause, I think to honor the time just nanun8 it the Erik Hansen the a►�am�s - We have an amendmentansen Scout knock _ YOU to the resolution. ou have a motion. WaUame - A motion to ame nd. anaoek - No one seconded it amendment yet. yet. You have a motion made- You don't have an Wllllaaia - I see no second to Councilman Smaneys the motion so there's no Smalley -yeah, I, amendment made. because again m going to encourage Protect the the resolution acCe °ge council to support ci pts the thus resolution eveningty and to protect the property Where as well, with all those ' Kansens. With are protections development, WeWill individuals that spoke, I think discussion in it to beneficial to see that We can that in that took place this the city. put soinethin$ together that of Wftems - Thank w� be Very you • Councilman Moore. moose - To follow UP on this resolution as e11, I Would Measles' comment, whereas, not to muddy ld like to toss around the i,in council, adminis , y the issue, but in tdeaof �k Ier ing a to support thet�'ationo intends to work vvit to c insetting another n hat 80 that, as it was point all interested ll� our position, that we we intend to do nth °aurkearlier o ted parties in develo ' this have an � our pi'nent of 3rthir_g written to insert p and how we intend to deej, clear from the onset but just an idea, elop it- And, I don't • KENAI CITY COUNCIL MEETING} MINUTES NOVEMBER 19, 1997 PAGE 15 Williams - Councilwoman Swarner. Swarner - Also, if the development is going to be in the next year, fiscal year's budget, and do we want to insert a time line in here if it's not developed by a certain year, it's reverted back to the Hansen family. Do you want a year inserted? Williams - When we speak of terms of the 99 budget, that begins on July 1 of 98. If all preparations were made prior to that, construction could take place next summer. Councilman Smalley. Smalley - Yeah, in reference to Councilman Moore's comment, you know, the Townsite Historic Board will look at this, Planning 8s Zoning's going to look at it, Parks & Rec's going to look at it, city administration. I think that probably, with the fact that thereu be public hearings, it's going to insure that there will be a large volume of folks involved in this development. Williams - Further comments. We had the discussion of another whereas. Councilman Bannock. Bannock - .Just to follow that up. If you can go to the back side of your packet, marked C-3, that very issue was discussed at the first Planning, check that, Parks & Recreation meeting of October second. Ill read it... Sandahl moved to recommend the approval of Dr. Hansen's letter with the understanding that it come back to Parks & Recreation when the design of the park begins. And actually, that paragraph could have been expounded upon just a little bit to exactly take in ... we wanted to do this right. We wanted to do this without leaving out a group. We had a certain time line to go through, but Parks & Recreation did not want to just give something away to the council, for the council to do with what they want. We fully intend to utilize as many commissions and organizations that we ask for to get input in this. So, that is an outstanding point, but I think it's already been addressed. Williams - Thank you. Yes, Dr. Hansen, one more time and then we're going to move on. Hansen - I think it would be very appropriate to put a time line on it, for example, by the end of fiscal year 99, something like that. • e KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 16 Williams - So what you're suggesting is that we give it a time certain for the park to be completed by the end of, that1l be FY99, which will be July of the year 2000. Right. Councilman Smalley. Smalley - We probably could do that. I would hate to take a stand or a position tonight that, that may cause difficulty for the commissions and committees that need to be reviewing this. Because, we would be assigning a time line to it and with all the work and development, the design, etc., I don't want to cause some difficulty. Williams - I see. Yes, city manager. Ross - During the budget process, the numbers I've given you are based upon going for outside construction. If, during the budget process, the monies weren't there for outside, it may be chosen to do some work preliminary in-house. Under that type of thing, the scheduling could involve construction and finishing over a two to three-year period. So, I suggest that if you do put a time line on it, that you put it out there at least two or three years out to compensate for in-house construction, development of the site, rather than trying to put it on strictly for one year and predetermine what your budget is going to be in the FY99 budget. Williams -Okay. Thank you. Measles - What if we say if it's not substantially completed by the end of FY2000. Would that give you enough time? Would that be.... Hansen - What are we talking about - would that be July of.... Measles - July of 2000. Hansen - That would be all right. I think, I think it's a good idea all the way around to have some kind of a time line in case we get bogged down with all sorts of groups to do all sorts of things. I think it would be a good idea. Measles - I would offer an amendment to the, now would be the one, two, three, the fourth whereas, at the end of that existing whereas, change that period to a comma and insert, or if the park is not substantially complete by the end of FY2000. Sararaor - Second. Williams - It's been moved and seconded for the addition of language as read. Is there any objection? Seeing none, then the amendment carries. We're back to amendment of the resolution itself. Councilman Bookey. • KENAI CITY NOVEMBER PAGE 17 6, COUNCIL MEETING MINUTES 19, 1997 Bookey - I'd like to take this to Mr. Fulton or Rita. The discussion that you' Ve heard here in the last 15 minutes, is this acceptable to you as an organization, as a group, to participate in and to take an active part in participation to make this happen and to make it into a multi -cultural situation? Smagge - Yes. Bookey - Fine, then IV support the motion. Williams - Further discussion. Councilman Bannock. Bannock - I'm wondering if the Kenaitze Indian Tribe would like to withdraw their, formally withdraw their Tribal resolution opposing the park proposal? Measles - They can't do that without a Tribal meeting. Smalley - They can't do that without a Tribal meeting. Bannock - Okie dokie. Williams - I think we should let that ... what we could do... Bannock - But I can ask. Fulton - And, I'm bound by the same thing. I couldn't do it without our executive council, but I think they, that on a reconsideration...inaudible... Bannock - Thank you. Williams - Any discussion. Measles - Ask for unanimous consent. Williams - Okay, I want to make just a couple of comments here before we move on. First of all, I want to thank Mr. Fulton for coming this evening with the resolution from the group. I think he has a much clearer understanding now of the direction we're hoping to go and perhaps hell be able to go back and discuss the issue at length with the group and get them involved. Preparations for this meeting, the council advised members of the Kenai Natives Association, Kenaitze Indian Tribe, 4.1im Segura at Salamatof Native Association, Archpriest Nicholas Molodyko-Harris at the Russian Orthodox Holy Assumption Church, also, I believe Clara Swan was notified and several others because it was our intention here to see that this particular item as the subject matter is, was handled in the proper manner. And that came about of • KENAI CITY COUNCIL MEETING MINUTES NOVEMHER 19, 1997 PAGE IS • course, from years of sometimes crossing paths not in the proper way in the development of the city. It surprises me that, oh, and also, I wanted to advise the council that I had a long discussion about this subject matter with the Townsite Historical District on Monday night, and I mentioned to them, of course, that it would be up for a public hearing and that their presence was welcome here too because, as time goes on, they will also be involved in the structural design of the thing. It surprises me that there has been no one here from those folks that we have notified. A very little representation, and again I want to applaud Mr. Fulton's actions in coming before us tonight. And so, I must take that as a sign that there isn't a large outcry of wrong -doing here on the part of the city and of course, the community. So again, reiterating my earlier thoughts that I believe this can all be worked out and that by working together as a group, we can create a memorial there representing both sides of our community, both sides of our heritage. The indications are that this cemetery area, burial ground, some 200 years old, is within the time frame of the history of our modern village, rather than ancient time. I think it's going to work out all right, so having all of that, I am going to support the request for unanimous consent to, to accept the property, with the clear understanding that there will be much discussion and many meetings with the people involved in the creation of it. Now, I see no objection at this point. Is there any objection to unanimous consent? Seeing none. So ordered. END OF VERBATIM BREAK TAKEN: 8:03 P.M. BACK TO ORDER: 8:13 P.M. T� FM D: COM��I$$ION/C01fLMiTT�CE REPORTS D-1. Council on Aging - No report. D-2. Airport Commission - Councilman Measles reported a meeting was held last week and the minutes were included in the packet. The main issue addressed was the lease space at the airport for a travel agency. D-3. Harbor Commission - Councilman Bookey reported the minutes of the last meeting were included in the packet. The commission found the Police Department information in regard to the dipnet fishery very interesting and requested a copy of that report be included in the next packet for council to review. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 19 1) 4: Library Commission - Councilman Moore noted the next meeting of the Commission was scheduled for December 2. Librarian DeForest mentioned the Library's Open House was scheduled for December 18. Also, on December 17, Jack Roderick, author of Crude Beginnings would be at the library to sign books. DeForest noted, Roderick had been the Borough Mayor in Anchorage many years before. D.S. Parks h Recreation Commission - Councilman Bannock reported the minutes of the last meeting were included in the packet. Most of the meeting was in regard to the director's report and projects of the Commission. He noted, there had been a good debate in regard to the city -league men's basketball games and player behavior. Bannock referred to Item E of the minutes and clarified the Commission was discussing historical site identification at Forest Drive Park and Item F was a recap of the Commission's discussion about the Hansen park proposal. Director Frates reported Renee Henderson, the choir director of KCHS had requested the fee be waived for use of the Recreation Center on Friday from 7:00 - 10:00 p.m. He explained, the All -State Honor Choir, Band and Orchestra concerts were being held at KCHS and the use of the Center was in connection with the students participating in the concerts. MOTION: Councilman Bannock MOVED to waive the fee for use of the Recreation Center in reference to Henderson's request. Councilman Smalley SECONDED the motion. There were no objections. 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. He noted the replat in VIP Estates was different than normal as it was to make three smaller lots into two larger lots. Also a conditional use permit was approved for the Head Start Program on the Willow Street property (formerly Jackson's Sales* Service. Bannock added, there would be something coming forward to council at the next council meeting. Bannock also reported a conditional use permit was transferred on Angler's Drive due to a change in ownership. Also, the Commission KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 20 would be reviewing, reworking and considering the Townhouse ordinance n order for it to conform to the new Land Use Table ordinance. Bannock forwarded a request from the Commission to cancel their second meeting in December which falls on Christmas Eve. Council had no objections to the cancellation of the meeting. D-7• Miscellaneous Commissions and Committees D-7a. Beautification Committee - No report. D-7b. Historic District Board - Councilman Moore reminded council he was unable to attend the meeting, but read a report of actions taken. Moore reported the Board held a work session on the preservation plan from 6- 7:00 p.m. During their regular meeting, the Board reviewed the proposed Land Use Table and discussed the type of sidewalks to be placed on Mission Street. The Board agreed regular concrete sidewalks (instead of colored or brick -styled) would be best for looks and accessibility. Moore also reported the Board was requesting to cancel their regularly scheduled meeting for December 15 because they knew they would have no quorum. However, the Board wanted to hold a work session at that time in order that they may continue their work on the preservation plan. Discussion followed in regard to the request for cancellation of the meeting. Williams reported he attended the meeting and reviewed his letter to the Board which council requested be written in regard to their membership and lack of quorums, etc. Also, he discussed the possibility of changing their board structure to seven members instead of nine. Smalley asked if there would be a problem to meet requirements to receive grant funding if the Board membership was diminished or blended into the Planning & Zoning Commission, etc. Ross answered, the State has been very flexible with other municipalities who have historic boards which was reviewed in the information gathered and included in the last packet. Freas reported she had also attended the Board meeting (sitting in for the contract secretary) and had suggested the cancellation of the meeting and holding of a work session. She explained, the Board had some momentum and really wanted to work on the plan. She thought this would be a way to handle the matter. It was noted they would still 1i =NAI CITY COUNCIL MEETING MINUTES NOVEMBEP. 19, 1997 PAGE 21 have four of the five active members at the work session. Council approved the cancellation of the meeting and the holding of a work session. It was noted, the work session would be advertised. D- : a. Challenger Board - Councilman Bannock reported an issue arose at the last Board meeting in regard to the ownership of the Challenger components in the building. He noted, there was no argument that the city would own the building and the property. However, there was debate as to the ownership of the actual Challenger components, i.e. items the city buys from the national Challenger organization. Bannock noted, the reasons he felt the city should continue to own that equipment were (1) by givuig the Board full control and ownership of the components, would allow them to pull it away and (2) the City of Kenai started the program and the move was to build a house for the Challenger modules. 'is added, he felt the building, dirt, and actual Challenger unit belong to the city. There was some disagreement on this issue and he requested input from council of whether they agree with him or if he was n-dutaken. Ross stated, the grant paperwork for the $2.5 million should indicate whether the site would be specific to Kenai to be used for a Challenger site and whether the grant would require being accepted on that basis. That would determine whether the program could be moved elsewhere, which would cause some difficulty. He added, another issue would be if the equipment itself was funded by this grant or another through the City of Kenai and if the City accepts ownership of the grant. However, the concern may be moot if the wording of the grant does not allow ownership by the non-profit. There is a possibility another grant maybe needed to operate the Challenger Center conditioned on how the grants are accepted. Until the language of the grants are reviewed, he would not want council to take a policy decision at this point. Councilman Bookey stated, when the council made the decision to go into the program, it was with the understanding the city would own the land, building and components. Measles agreed with Bookey and added, he was always under the impression the city would own and control anything related to the Challenger Center, including the components. The city had to give some solid insurances to the Challenger organization that the operation of the Challenger Center would continue for an indefinite length of time. Measles added, the responsibility of the operation of the Center falls back to the City and if the Board would choose to gut the components out of the building, and the City has a commitment to the Challenger organization, the city wouldn't be able to • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAVE 22 fulfill that commitment. Smalley agreed with Bookey's comments and thanked Bannock for representing the city's position. Williams noted, he had taken a different perspective in regard to personal property versus real property and added, most personal property is fastened to a structure that makes it part of the real property. He added, from the evening's discussion, he would concur with council and administration in regard to ownership of the module. Williams also noted, he believed the management agreement could be designed to cover questions such as the ownership. Measles noted, this would be a case where the real property would become functionally obsolete if the if the personal property was removed from the real property. Bookey noted, they would not want an option to allow another group to be able to make an offer to move the Challenger to another location. Moore asked why the Board wanted ownership of the components. Bannock answered, he thought it was the maintenance issue, i.e. city owns, city maintains. Williams noted, that was one of his conc erns as well, but it could be discussed in the management agreement. Bannock stated, he would take council's comments as an affirmative - that he presented his argument correctly in regard to what the city owns. Bannock also noted, the Center's 503(c) status was only days away from being approved. 131U Popp - Popp stated he understood council's position and that it made sense- to him. He added, it seemed the process of building the Center was - creating creating an "eight -headed monster" in terms of the relationship with the national Challenger organization. The national organization is talking about entering into a contractual obligation with the Alaska Challenger Learning Center for Space, Science & Technology, Inc. (the non-profit Board) that will license the operations, software and site to the non- profit board. The situation would then be, the City of Kenai would own the equipment, but the Challenger non-profit board would own the rights to use the equipment as a Challenger site. He added, he needed to bring this issue to council's attention, as it would have to be negotiated so that both sides will be happy with the situation. Popp warned, it could be a very difficult situation. Williams noted, the license is transferrable, but the equipment would not be (the Center will have the right to operate the equipment). Popp also noted, the site designation is specific to the C' ' � p City of Kenai. The odds • KENAI CITY NOVEMBER PAGE 23 D-7d. COUNCIL MEETING MINUTES 19, 1997 of the site being moved would be next to nil. Bannock pointed out, with . the City of Kenai being the owner, it would be an impossibility unless the City would decide to discontinue its affiliation with the Challenger Learning Center. Popp noted, the licensing issue and the contractual obligation between the non-profit and the national organization will be entered into in the very near future and wanted council to be aware of it and discuss the matter if needed. Kenai Visitors & Convention Bureau Board - Bookey reported there had been no meeting since his last report. Kathy Tarr, KVCC Director reported a local artisan and carver had made a gift to the city (for placement in the museum) of eight carvings of moose antler. She noted, a reception had been planned for 3:00 p.m. on December 1S at the Visitors Center to accept the gift. Mayor Williams has agreed to be on hand to accept the gift for the city and offer a proclamation. D-7e. Alaska Municipal League Report - Councilman Smalley reported he, S Councilmen Moore and Bookey, Mayor Williams and City Attorney Graves had attended the AML Conference in Ketchikan. He noted, the main issues of the conference were the deferred maintenance program, educational funding and the proposed community dividend program and how to fund them. He noted, there was a lot of good discussion in regard to the direction of municipalities and the state, in general. He also reported he attended a session on land use planning and a presentation on personnel matters and learned AML/JIA has an insurance program for personnel issue problems and they do training. He suggested, when council discusses insurance matters in the future, they should give some consideration of AML/JIA. Smalley reported he had been re-elected to the AML Board of Directors. The Board met on Saturday morning and restated their main concerns in regard to the AML Legislative Platform were the educational funding, deferred maintenance and community dividend programs. Smalley noted, the conference was scheduled to be held in Fairbanks next year and back to the Kenai/Soldotna area in 1999. ITEM E• MUMTES E-1. Regular Meeting of November S. 1997. 0 Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES • NOVEMBER 19, 1997 PAGE 24 .TEM CCU: = MMUMBB - None. Bills to be Paid, 2ft to be Ratified MOTION: Councilman Smalley MOVED for approval of the bills to be paid and bills to be ratified and Councilman Bannock SECONDED the motion. There were no objections. 60 ORDERED. H-2. Purchase Orders Enceeding $29600 MOTION: Councilman Measles MOVED to approve the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H-3. Or maaoe No. 1764-97 - Appropriating $19000 Received From the Wal- Mart Foundation. Approved by consent .agenda. - H-4. Disaulsion/Approval - Employment Agreement Between City of Kenai and Richard A. Ross. MOTION: Councilman Measles MOVED for approval of the employment agreement between the city and Richard A. Ross. Councilwoman Swarner SECONDED the motion. Smalley questioned Item A, Section 6 on page 3 in regard to car allowance. He noted, he appreciated Ross' frugalness, but thought the amount was low. Williams asked if it was the city's desire to provide a vehicle to Rose for his exclusive use. Attorney Graves answered, the amount was what Ross requested he and Finance Director Semmens put in the document. . KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 25 Ross explained, the $30 a month amount was what the Code allows and is the amount that is paid to city employees for use of their personal vehicles in the service of the city. He added, there are a number of city vehicles available if he requires use of one, however, for personal use, he believed he should be treated like everyone else. Bannock noted, he too thought the second sentence was a mistake, i.e. "The City. reserves the right to provide a vehicle for exclusive use of the Employee in lieu of monthly vehicle allowance." and added, he would question the city buying a new automobile for the city manager's use if they could get away with paying only $30.00 a month car allowance. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Student Government Day - Smalley explained he had discussed the scheduling of Student Government Day with Ms. Bigham from KCHS. Since she is teaching a , Sociology this semester and plans to teach Government in the spring, she would prefer holding Government Day during the spring semester. Smalley added, another teacher is teaching Government this semester, but failed to contact the city when the. invitation had been passed on to him from Bigham. Council had no objections. Clerk Freas was requested to contact Ms. Bigham in regard to scheduling a date. - None Scheduled. ITE ADMIIITISTRATION REP_ORTB - I-1. Mayor - Referring to Information Item No. 2, Mayor Williams congratulated Bill Godek for completion of the National Animal Control Association Training Academy. Williams also thanked those participating in the preparation of the city's AML award. I-2. City Manager a. Alcan Contract/ARFF - City Manager Ross explained, unless he heard otherwise from council, he would be including a discussion on the council agenda regarding the ARFF project retainage. He added, he, Semmens, La Shot and Alcan representatives would be meeting to review the ARFF contract to find a way to reduce the present retainage costs, i.e. 10% retainage is required until 50% of the project is completed. He added, in holding back 10% retainage on this large contract, the city will • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 26 have to pay 10.5% interest. He noted, the interest did not appear to be grant eligible and would be a significant amount of interest. b. UPS 4rdiaaace/Personal Property Tax - Ross stated he would ask Sernmens to speak to the ordinance at the next meeting. o. Heritage River Initiative - Rose explained, the mutter had been removed from discussion for the time being as there is an active House resolution in Congress opposing the Initiative and any funding of the program. Representative Young is a co-sponsor of the bill opposing the Initiative due to its circumvention of the congressional and legislative process. Ross added, Councilman Moore would be involved in more discussion of the matter during the next KRSMA meeting. KRSMA will be deciding whether to sponsor the bill or not. d. Cemetery Water Lice - Ross reported the cost to connect a water line to the closest main would be approximately $25,000. He was concerned that placing a non -potable well would cause some confusion and visitors may think the water is acceptable to .drink. Administration is investigating the placement of a non -potable tank. Information will go to the Parks & Recreation Commission for review and consideration. e. Timber 11arvesting/Section 36 - Ross reported he had received a request for logging in Section 36. He was considering sending a letter to those who took out the past RFP plans to see if there was any interest. In the last RFP, there was a requirement that all branches, stumps, etc. were to be hauled away. He asked council to consider having the tops, branches, roots and stumps ground up and spread on the -old dump site. This process may bring down the cost of project, as well as not having the material left in the rows and paths. He will bring the matter back to council at a later time. % Kenai River Special Management Area Board - Ross reported the Borough Assembly had endorsed the comments of the City of Kenai concerning the lower four miles and included them in their resolution which had been passed at their last meeting. They also raised some concerns of their own. Ross distributed information from the Board which he received late in the afternoon. He noted, he was not asking council to endorse signing the Plan until the carnmissioner reviews the Borough comments. Ross requested council to make .comments to Councilman Moore if there were any, in order for him to have that information prior to the KRSMA meeting. Ross reviewed the draft Plan and noted the following areas: • KENAI CITY NOVEMBER PAGE 27 COUNCIL MEETING MINUTES 19, 1997 Page 2, underlined portion - gives the final statement the city wanted, i.e. "...It was determined that the recommendation of the advisory board to include the four miles of the Kenai River in KRSMA be set aside." Ross noted, the document went on to state, the City of Kenai would work in joint management approaches to the lower river, the bottom four miles, (see Page 2, second paragraph). Ross noted, the KRSMA does not have authority to manage the River. He added, what was stated in the Paragraph is exactly how the River is managed at this time. There is no change as to who has the authority on this area of the river. It is fully recognized in the document that the city's charter and existing authorities allow the city to address and manage many of the conflicts and problems that are identified. Ross noted, the bottom line of the document is that it has been recommended to the Commissioner as it is stated in the document, that the bottom four miles of the River be withdrawn from the KRSMA Plan. ',. Page 3, second paragraph - key language noted, Numbers 3, 4, 5 an 6. Ross noted, all language that gave any reference to grand fathering of industry had been removed. In Number 5, the traditional, industrial and commercial uses were priority use without date, recognizing it is a year - around operation (or can be). Also, Number 6 notes the only restrictions upon industry are those that presently exist (local, state and federal permitting requirements). Ross noted, the city worked with UCIDA on the language of the withdrawal of the bottom four miles and they are supportive of the language in this document. Page 4, refers to area of the city above the four miles. The underlined sections represent that before any development of bank protection zones are discussed, the City of Kenai will be consulted. Page 5, language changes had been requested in regard to zoning. The underlined sections state that commercial uses are conditional uses and industrial uses are prohibited uses, but excludes the cities of Kenai and Soldotna because of their own zoning authorities. If the Borough wants to maintain the language for their own area, they address it. Page 5, Section 4.5.4.2, Protection of Areas Acquired by Borough or State. Ross noted, there had been language in this area stating foreclosed property would revert to government and not returned to the Private sector if the foreclosed property was along tributaries or the river. . KENAI CITY NOVEA9BER PAGE 28 40) COUNCIL MEETING MINUTES 19, 1997 Ross added, that language had been changed and now consideration of foreclosed property would be on a case -by -case basis and areas of high habitat value. Page 6, added language includes, "No specific standards will be added to the management plan until the assessment study is completed, public review process involving a plan amendment has been conducted." Ross noted, this was language the city requested in order to make it more restrictive. Ross noted, all the city's comments had been incorporated into the document. He added, there may be some adjectives and verbs council may not like and referred to the bottom of Page 2. "In the event that this occurs or conditions develop that cannot be managed by memorandum of understanding or municipal ordinance, the Advisory Board will reconsider its recommendation to include the lower four miles in the KRSMA, and initiate a plan amendment." Ross noted, if that language was there or not, the Board always has the option of reconsidering a recommendation. Ross added, whether this language was there or not, it did not affect the bottom line "...the lower four miles of the Kenai River in the KRSMA has been set aside..." . Williams commented, the city had given concessions over the last 15 years and with that sentence, were again giving concessions, and negated everything the city had tried to design in the other sentences, He added, the issue was not dead and it would come back to haunt this or future councils and KRSMA Boards. Bookey commented, he. didn't think any of the council disagreed with Williams, and added, he didn't like every issue in the comments, but there had been a lot of movement from where the Plan was a year ago. Ross noted, whether that language was in the Plan or not, the Board could do it. But, the council now has a council representative on the KRSMA Board who is a policy maker to review these matters and be actively engaged in the Board at that level, giving the city more representation than it has in the past. Ross added, the city had not agreed to a thing. These are changes that are being added to the Plan language. He wasn't asking council to endorse the changes if they felt they couldn't support the changes. If they felt they couldn't support the changes, he urged them to pass that information on to Councilman Moore prior to the KRSMA meeting. Ross added, he felt the city's comments were taken seriously and they obtained essentially what they had wanted to be changed. Williams • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PALL 29 0 noted, he didn't think the city could do any better, but was concerned the city was forced into the matter. Swarner thanked Ross, administration and other council members who had worked so hard on the changes because it took a lot of hard work, persistence and patience. Councilman Moore noted, if he was asked at the KRSMA meeting if the council could accept or not accept the draft, and unless he heard otherwise, he would tell them, yes. There were no objections, although Bookey stated this council and future councils will have to be very cognizant of future changes, because it will come back again and the city's concerns may be ignored. Measles noted, eventually, the matter would go to court. I-3. Attorney - No report. 1-4. City Clerk - No report. I-5. Finance Director - No report. I-6. Public Works Director - No report. 1-7. Airport Manager - Airport Manager Ernst reported his report was included in the packet. LTXM-J: Di8CZ188_ ION J-1. Citizens -None. J-fit. Council Bookey - Reported he would not be in attendance at the December 3 meeting. Swarner - Reported the Senior Connection was selling pies (by order) for Thanksgiving. Moore - No report. Measles - No report. Bannock - Thanked council for clarification on the Challenger. He also thanked Ross for becoming city manager. Smalley - Agreed with Bannock. Thanked the . Senior Center for the recognition dinner. Williams - Reported he would be out of town from November 22 through December S. Vice Mayor Measles will be presiding during the meeting of December 3. • • KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 30 The meeting a4joumed at approximately 9:25 p.m. Minutes transcribed and prepared by: 00 1!t 5�V4O zoro Carol L. Preas, City Clerk of AM :'. Ilt-D BY COUN .. &ol DAwM s