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HomeMy WebLinkAbout1996-02-07 Council MinutesC� • C]A AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 7, 1996 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part, of the General Orders. B. OCREDDLRD PUBLIC COMMENT (10 Minutes) 1. Michele Brown - The Nature Conservancy of Alaska 2. Marion Nelson/Lori Landstrom - Kenai River Festival 3. Duane Bannock/Dennis Steffy/lathy Scott - Challenger Steering Committee Presentation 4. John Mohorcich - Kenai Peninsula Chapter of Global Releaf Arbor Day Celebration/Kenai Senior Center. C. PUBLIC BRIMN-08 1. Ordinance No. 1672-96 - Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizens - Borough Special Revenue Fund for the Purchase of a Computer and Related Equipment. 2. Ordinance No. 1673-96 - Increasing Estimated Revenues and Appropriations by $24,000 in the Capital Project Fund Entitled "STP Disinfection/Safety." 3. Resolution No. 95-81 - Recognizing the social and Economic Importance of the Alaska Commercial Salmon . Fishing Industry and Opposing the F.I.S.H. Initiative. a. Take from table. b. Consideration of Substitute Resolution No. 95-81. c. Consideration of resolution. -1- 4. Resolution No. 96-9 - Formally Accepting an Airport Improvement Project (AIP) Grant from the State of Alaska, Department of Transportation, in the Amount of $6,595 for the Purchase of a Sander and Plow Truck, and, Accepting the Conditions of the Grant Agreement. 5. Resolution No. 96-10 - Awarding a Contract for Fuel Service to Kenai Airport Fuel Service, Inc. at the unit Prices Listed Below for Furnishing and Delivering Fuel to the Dock -and Generator Tanks and for Furnishing and Dispensing Fuel at their Service Station. 6. Resolution No. 96-11 - Changing Appropriations by $4,000 in the Water Department, Water and Sewer Special Revenue Fund. 7. Resolution No. 96-12 - Changing Appropriations by $8,000 in the Congregate Housing Fund to Purchase Wall Coverings and Furniture. 8. Resolution No. 96-13 - Changing Appropriations by $3,000 in the Finance pepartment to Purchase Computer Equipment. 9. Resolution No. 96-14 - Formally Accepting a Grant from the State of Alaska, Department of Environmental Conservation in the Amount of $683,017 to be Applied . Towards Financing Water System Improvements, and, Accepting the Conditions of the Grant Agreement. 10. Resolution No. 96-15 - Confirming the Assessment Roll on the Thompson Park Water and Sewer Special Assessment District and Fixing Payment. 11. Resolution No. 96-16 - Approving the Application by the City for a --Credit Card to be Used Strictly for Procurement Purposes. 12. 1996 Liquor License - Protests of Continued Operation a. BPOE Elks Lodge #2425 - Club. b. Italian Gardens - Restaurant/Eating Place. 13. *1996-97 Liquor License Renewal - Kenai Country Liquor - Package Store. 14. *1996-97 Liquor License Renewal - One Stop - Package Store. 1. Council on Aging • 2. Airport Commission 3. Harbor Commission f -2- 4. Library Commission • 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. NINtTTEB 1. *Regular Meeting of January 17, 1996. ].. Discussion - Leif Hansen Memorial Park Policy 2. Discussion - Reasonable Suspicion Drug and Alcohol Testing Policy. N. NEW RUSIN888 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 • 3. *Ordinance No. 1674-96 - Increasing Estimated Revenues and Appropriations by $5,300 in the General Fund and the Airport Land Sale Trust Fund for the Purchase of Property Adjacent to the Kenai Senior Center onto which a Storage Building has been Relocated. 4. Approval - Assignment of Lease - From The Dia-Log Company to Wedge Wireline, Inc./Lot 5, Block 5, General Aviation Apron. 5. Approval - Request for Partial Release - Tracts D, Sprucewood Glen Subdivision/Louis B. Schilling 6. Discussion - Smoking Policy/Senior Housing, EXECUTIVE BEAP.1 - Inlet Woods Litigation 1. Mayor 2. City Manager IS 3. Attorney 4. City Clerk 5. Finance Director -3- 6. Public Works Director 7. Airport Manager J. DI8CV882QN 1. Citizens (five minutes) 2. Council 1C. AD,'OCR�t� • -4-w • KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 7, 1996 7100 P.M. XENAI CITY COUNCIL CBERS VICE MAYOR H. RAYMOND KRULE8, PRESIDING Vice Mayor Measles called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. :, plc ; • ; c i _ t Vice Mayor Measles led those assembled in the Pledge of Allegiance. A-2 . ;. • . Roll was taken by the City Clerk. Present were: Bookey, Swarner, Moore, Measles, Bannock and Smalley. Absent was Williams. A-5. AGENDA APPROVAL is Vice Mayor Measles requested the following changes to the agenda: g g ADD TOt 2-20, Kenai River Festival Com ents - 2/6/96 Lori Landstrom letter. ADD TOt 9-3, Challenger steering Comsitte* Presentation - 2/6/96 memorandum forwarding Mayor Williams travel comments and requests. ADD AS: B-5, Tim Navarre, Betty Glick - Update on KPB Kenai River Protection Ordinance, ADD ABt C-9b, Substitute Resolution No. 96-14 - The substitute corrects a typographical error. ADD TOt C-10, Resolution No. 96-15 Discussion - 1. 2/6/96 memorandum forwarding comments from Thompson Park resident, Steve DeHart. 2. 2/7/96 Dewayne & Laone Benton letter of appeal, letter of objection to the cost and attachment. 3. 2/7/96 Polly Crawford testimony concerning assessments in Thompson Park Subdivision. ADD Tot H-1, Bills to be Paid - Vasey Engineering Invoice No. • 1129 - Kenai Disinfection Plans/$14,360.40. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 71 1996 PAGE 2 ADD TOs H-2, Purchase Orders over $2,500 - Purchase Order to Schmidt Engineering, Inc. - Parts for repairing Airport plow/sander truck/$3,047.18. ADD ABs Information item No. 12a - Update on Kenai Habitat Restoration & Recreation Enhancement Projects. Vice Mayor Measles asked if council had any additions or objections to the amendments. There were none. Vice Mayor Measles determined the agenda would stand as amended. A-6. CONSENT AGENDA Vice Mayor Measles stated he had no changes to the consent agenda and asked if council had any objections to the consent agenda as presented. There were no objections. Measles determined the consent agenda to stand approved as submitted, • ITEM 8 t SCHEDULED PUBLIC COIr X T B-1. Michele Brown - The Nature Conservancy of Alaska No. Brown stated her address as P.O. Box 1868, Soldotna. The Conservancy's office is situated in Soldotna and her area of work is the Kenai River. A "Forces of a River" Kenai River Community Forum, scheduled for April 19, 20, and 21, will be held at the Skyview High School. Brown stated the purpose of the forum is to inform the public about watershed functions and motivate - landowners, residents and other users to individually and cooperatively conserve and protect the health of the Kenai River. Brown referred to information that was provided in the packet as well as passing out business cards, etc. The forum will allow people to talk about their ideas of what should be done for the river, i.e. protection, etc. There will be speakers, books, information, report of ideas, discussion regarding watershed management, booths, etc. Information and ideas gathered from the forum will be considered for inclusion in their five-year strategic plan. Brown also reported the Conservancy is working with the Borough to add another tax incentive option for those people who do not want to develop their land, but want to protect it. • • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 7, 1996 PAGE 3 • 40 8-20 Marion Nelson/Lori Landstrom - Kenai River Festival Lori Landstron - P.O. Box 1343, Soldotna. Landstrom referred to her letter distributed to council at the beginning of the meeting which requested permission to hold the Kenai River Festival again at the Leif Hansen Memorial Park. Landstrom reported the Festival was well -attended last year and they had many compliments of the setting for the Festival as well as the activities. They like Memorial Park because of the flowers, trees, etc., as well as the proximity to the highway. Visibility from the highway is a great drive -by advertisement. Council took no action at this time. The consideration of policies and procedures for the Park were heard later in the meeting. D-3. Duane Bannock/Dennis Steffy/lathy Scott - Challenger Steering Committee Presentation Kathy Scott - Requested council and audience to view a video in regard to the proposed Challenger Learning Center to be placed in Kenai. .Scott also reported on the progress of the Steering Committee and their movement toward compiling information for production of,a feasibility report. Scott introduced other members of the Steering Committee who were in the audience. Ginger eteffy - Steffy reported the committee is envisioned a 10,000 sq. ft.-facility to -be placed adjacent to Marathon Road, in the same vicinity as the fire training school. They were working -to keep the cost of the facility down, using a simple structure which would allow expansion for future needs. In the facility, they envision areas for mission control, space shuttle, office space and storage. A large lecture hall for orientation for missions, as well as a large classroom. There would also be an interactive area for students and adults to interact with displays. The largest users of the facility would be Kindergarten through 12th grade. Students would represent schools from all over the state. They also foresee the facility being used by college students, scout troops, 4-H groups, families, and tourists during the summer months, as well as corporations teaching teamwork and leadership development and planning. KENAI CITY COUNCIL MEETING MINUTES i FEBRUARY 71 1996 PAGE 4 Duane Saanoak - Reported the city it:ulTh�ebthe uildingeandfthe program building and all associated with would then be turned over tothe be involved inftheaska day-torday operation. The city would n operation of the facility. Bannock stated, most importantly, the -committee was asking for the city's help to have the facility pl ced intKenai. o the faci budget being compiled, will include projected tyr cost of running it, etc. They expect it will take about three years from the pl&nning stage a etorgat aome to that nd Bannock stated he thought g Program adencouraged others to take part in it if they K Kenai asa had the opportunity. situation. the placement of a facility in Kathy Scott added the intent of the ccoommitte r tort was ty firstgive an overview of the concept. and to present The committee providing a thesis that then must be proved. believes the feasibility will bare out their initial impressions. The report will be solid information, including the feasibility, location, first through third years' gxpednsesto tand he bropotential chure which revenue information. Scott also r was included in the packet and noted it was designed by a committee member, Rene Azzara. Scott alsoreported she received a letter from Pat Ladner of AlaskaAerospace Corporation (AADC) which has also been working toward obtaining a Challenger Learning Center in thee atewas directedptotworkiwith legislation passed last year, th communities interested in establishing a Challenger Learning Center to determine the economic feasibility of developing a facility. After seeing the dedication of the Kenai Peninsula Borough and recognizing the leadership of this City of Kenai, the AADC committed $5,000 to assist in the initiatedb petion of a oint feasibility study which had been Y the City Kenai. Scott added, she believed therWwill edraftingadditional thepartners feasibilityalong the way. Scott reported they would be study in the next 30 days. if council or audience members hd questions, please contact her. vice Mayor Measles referred to the mem randumiaddedetoithe agenda from Mayor williams and Kathy Scottis packet. Both requested a $1j000 application adoptinbe g receiving roved y council, contingent upon rec g Ptingthe feasibility study. • KENAI CITY F8BRUARY 7, PAGE 5 MOTION: COUNCIL MEETING MINUTES 1996 Councilman Smalley MOVED for approval of the city paying the $1,000 application fee, contingent upon Councilman Bannockceiving BECO�iDEDnthe.dopting motion the feasibility study. Councilman Bannock added, the the city's support. After the will look for corporate donors VOTE: $1,000 application fee would show application is submitted, they to help with costs. There were no objections. 80 ORDERED. 8-40 John Mohorcich - Kenai Peninsula Chapter of Global Releaf - Arbor Day Celebration/Kenai Senior Center. Jobe Mohorcich, P.O. Box 164, Soldotna, AK. Mr. Mohorcich referred to the information included in the packet which offered information in regard to Arbor Day Grants. Mohorcich explained the Alaska Arbor Day Celebration was scheduled for May 20, 1996 -- set aside for planting trees. Mohorcich reminded council that the Mt. View Elementary School, as a student project, submitted an application to the Alaska Division of Forestry for an Arbor Day Grant last year. Their application was selected and trees were planted at the Kenai Visitors Center. Mohorcich requested similar support from the city in applying for another grant this year to plant trees, etc. at the Senior Center. Ole Andersen, HC-35752, Soldotna, AK. Andersen introduced himself as a member of the Kenai Peninsula Chapter of Global Re- Lecf (the only chapter in Alaska). Andersen explained the chapter has been involved with the distribution of trees through plant sales and giveaways. The chapter has been responsible for planting, distributing and selling 25,000 trees in the Kenai/Soldotna area. Their mission, along with distributing trees, is to educate children and adults of the importance of trees. one way they do this is by promoting the Arbor Day Celebration. Andersen added, the chapter has had a celebration for the last is four years. Last year it was at the Kenai Visitor Center which KENAI CITY FEBRUARY 7 PAGE 6 COUNCIL MEETING MINUTES 1996 was the largest celebration they have had as yet. The celebration was supported by the city and many people in the community. Andersen stated they hope to apply for another grant this year and have a nice celebration on May 20. John mohorcich - Mohorcich explained they would like to conduct a tree -planting ceremony on Arbor Day at the Kenai Senior Center. They would be planting three 15-foot trees with low shrubs and annual flowers on city property at the Senior Center. The Kenai Senior Center has agreed to be responsible to carry out the required three-year maintenance plan. School children and Girl Scout groups have requested to be a part of the celebration. A hands-on workshop for planting and caring of trees would be conducted. The application for the grant must be made through a local government. Mohorcich requested city support to provide the • location and the opportunity to apply for the funds. Global Re - Leaf would apply for the funds and the money would come to them. They can apply for up to $1,200. The trees would be provided by the Cooperative Extension Service (from their test site at the ballfields in Kenai) or purchased from local landscapers. Any funds received from the grant would be spent on this project. MOTION: Councilwoman Swarner MOVED to support the request to apply for a grant through the Alaska Division of Forestry for a not -to -exceed amount of $1,200. Trees would be placed at the Kenai Senior Center. Councilman Smalley SECONDED the motion. There were no objections. BO ORDERED. B-S. Tim Navarre/Betty Glick - Update on KPB Kenai River Protection Ordinance. Navarre and Glick were not available for an update. C-1. Ordinance Mo. 1672-96 - Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizens - • Borough Special Revenue Fund for the Purchase of a Computer and Related Equipment. CAI CITY COUNCIL . FSBRUARIL 7 r 1996 PAGE 7 MOTION$ MEETING MINUTES tion of ordinance No. 1672-96 and Councilman Bookey MOVgD for adop Councilwoman Swarner SECONDED the mot'on* There were no public or council comments VOTES Swarner: Yes Bookey: Yes Bannock: Yes Williams: Absent Measles: Yes Moore: Yes Smalley: Yes MOTION PASSED UsaXIMOUSLY• asin Estimated Revenues 1673-96 - Incre g Capital Project C-2, ordinance No. 000 in the and Appropriations by $24,SafetY•" Fund Entitled "STP Disinfection/ • MOTIONS adoption of Ordinance No. 1673'96 Councilman Smalley MOPED for ouncilman Bookey SECONDED the motion* how old and asked Councilman Bookey There were no public comments if the existing Th was and if it was State-of.the-art w en the existing gas system Public Works Director en inBtalled,eit was state-2oitfid installed. ears old. V$Y: gas system was four years Because of the highcidedcost to switch�to the -art system as fhg OSHA citation, it was de after receiving previously discussed with council as liquid. The matter was well. VOTES Swarner: Yes Absent Bookey: Yes Bannock: Yes Willia�t+s: Measles: Yes Moore: Yes Smalley: Yes NOTION PASSEDANIMOOSLY. zin the Social and C-3• Resolution No. 95-e1 - Recognizing of the Alaska CommS:iaiai Economic Importance sing the F.IHititve. gishinglndstry andOppo • KENAI CITY FEBRUARY 7 PAGE 8 C7 C-3a. MOTION: COUNCIL MEETING MINUTES 1996 Take from table. Councilman Moore MOVED to remove Resolution No. 95-81 from the table. Councilman Smalley SECONDED the motion. There were no objections. BO ORDERED. C-3b. Consideration of Substitute Resolution No. 95-81. MOTION: Councilman Moore MOVED to amend Resolution No. 95-81 by substituting with Resolution No. 95-81 (marked C3-b in the packet). Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Dale Bondurant, NC-1, Box 1197, Soldotna, AK - Bondurant stated he neither opposed or supported the F.I.S.H. Initiative, but understood the frustration by the upper northern district and the Mat -Su Borough, who have spawned the resolution to obtain a constitutional correct right of common use of the fisheries. He added, his position was the regulations were unconstitutional and he believed there should be a legal response. Bondurant added he believed, because of the inequities in the present management process, position and regulations, which, he felt, are unconstitutional, have brought on the Initiative. Bondurant then stated his explanation of common use, referring to statutes and Supreme Court findings. Bondurant distributed copies of statutes and court findings. Bondurant explained that he thought it was wrong for the council to take a position and that it is a non -constitutional stand. Chris Gabriel, 2727 seine Court, Kenai - Gabriel stated he believed the Kenai River was way beyond allocation and it was being loved to death. Bank degradation, if continued, would harm future salmon runs. The Initiative was sponsored by people who do not live on the Kenai Peninsula. The Board of Fisheries is in charge of the management plans for drainages throughout Alaska. The river itself is being overrun by guides and tourists and the line needs to be drawn. He KENAI CITY FEBRUARY 7, PAGE 9 COUNCIL MEETINGMINUTES 1996 preferred to look at the situation from an environmentalist standpoint. For those reasons, he believed the council should oppose the Initiative. Tom Wagoner, 4040 Primrose Place, Kenai - Wagoner stated he believed if the council did not oppose the Initiative, by passing the resolution, it could look as though the council supported the Initiative. He urged council to take action on the resolution. Wagoner reviewed how the river and fishing industry has impacted his family over the last 19 years. The success of the river has been due to the biological management and should continue to work for all people concerned. Economically, each commercial fisherman who lives and raises families in the community, gives back to the community. Wagoner urged council to unanimously pass the resolution. A& Joseph Jolly, HC-021 Box 753, 8oldotna, AR - Jolly stated he is a board member of UCIDA and a commercial fisherman. Jolly distributed copies of resolutions which had been passed by other government entities throughout the state. Jolly continued that the money the fish processors put into the local economy generated funds within the communities in excess of $334 million (Kenai/Anchorage area. If the commercial fishing industry would be shut down, which he believed the Initiative would do, it would delete -that portion of the local economy. Jolly stated he believed council was doing the right thing with the resolution. Everybody deserves a chance at the fish and do receive through the current management plans. The runs over the years have grown under those management plans. Jolly urged passage of the resolution. Carl Xurcher, Kasilot - Kurcher stated he was speaking for the Kenai Peninsula Fishermen's Association who are all dependent upon the Kenai River for their livelihood. Kurcher stated he believed two items were under attack by the Initiative, i.e. commercial fishing industry and the Kenai River resources. Both are important to the city. Kurcher urged council to pass their resolution. • . KENAI CITY FBBRUARY 7, PAGE 10 • 0 COUNCIL MEETING MINUTES 1996 Kurcher stated the Initiative was asking for a priority of one industry over another (sportfishing over commercial). He thought - council should pass their resolution because of that. The resolution would show support for the commercial fishing industry and the river as a resource. It would be in the city's best interest to protect the Kenai River as a resource and the process that has kept the River healthy. Paul Dale, Salmon Producers Alliance - Dale explained the Alliance is a relatively new organization. It has been the first time processors and harvesters have come together for a common • purpose and to explain and make a case as a seafood industry in Alaska. Dale stated the Initiative was being sold on the merits of fairness and that the resources are being managed and allocated under an ancient plan and that the Board of Fisheries is biased in favor of commercial fishing. Dale disagreed and felt that the growth of the River proves the success of the management plan. The industry has grown in value to the community. Dale added, the question for the council was whether it was appropriate for the council to address the issue and stated he believed it was appropriate and very important for council to address it. Dale strongly urged council to pass its resolution. Theo Matthews, Mile s.5, Kalifornsky Beach Road - Matthews stated he would speak as the Executive Director of the United Cook Inlet - Drift Association. Matthews questioned why the Mat -Su Borough and Anchorage were advocating an initiative to allocate five percent to sportf isheries when in 1993, in Upper Cook Inlet, recreational fisheries harvested 93% of all king salmon, 46% of all Cohoe salmon, 7% of all Sockeye salmon (the most predominate), 42% of all pink salmon and 15% of all chum salmon. Matthews stated the Initiative doesn't ask for five percent, but is actually asking for much more than what is received now. The Initiative is aimed at the heart of the Borough. The majority of the commercially harvested fish are delivered i Kenai Peninsula Borough. The people pushing the Initiative. from Anchorage and the Mat -Su Borough. Some are guides and involved in tourism and some want to make sure the River is of fish for them to enjoy on weekends. n the are full • 10ENAI CITY F&BRUARY 7, PAGE 11 COUNCIL MEETING MINUTES 1996 Matthews stated he believed the Initiative was bad for the state and very bad for the city of Kenai. Matthews added, if an initiative was written against the oil or sportfishing industry, he would oppose them. He urged council to oppose the F.I.S.H. Initiative. Matthews added, the management plan has produced a balance for the sport and commercial fishing industry in Kenai. Allowing more fish into the river would allow a better chance of catching a fish, however it also creates more crowds and damages the habitat. It is now a matter of how the fisheries can be preserved for everyone. The Drift Association feels the initiative is irresponsible as well as the sponsors of the Initiative are irresponsible. Matthews also stated the constitutional issues raised by Mr. Bondurant have already been decided by the Alaska Supreme Court to be invalid. . Councilman Bannock asked Matthews how sport fish catch is measured. Matthews stated the Department of Fish & Games, Sport Fish Division, collects the information through a mail survey. Bannock asked if 93% of king salmon (of which Matthews discussed) were caught. Answer was yes. Bannock asked if then the other 7% of king salmon were then caught by commercial fishermen. Answer was yes. Bannock referred to the hand-out information entitled, 111995: - Anti -Commercial Fishing.Initiative Strikes Alaska'' and asked if any and what legislative action had been taken. Councilman Moore answered he believed petition signatures were still being verified to validate that there were 21,000 registered voters who signed the petitions. Bannock stated he was cgncerned that the councilts resolution could be hindering the government process. He stated he felt the Initiative was a bad thing, but that he was not convinced that the city resolution was the right thing. Councilman Moore stated he believed it a responsibility of the council to support the industry within its city. Of the ten top taxpayers, three are commercial seafood processors. A no vote on the resolution, he felt, would be a yes vote for the Initiative. He added, if a council person were going to vote yes for the • KENAI CITY FEBRUARY 7, PAGE 12 COUNCIL MEETING MINUTES 1996 resolution, but state they were against the Initiative, he felt would be a cop-out. He added, he believed the ^council should take a stand and say no. Councilwoman Swarner stated she did not feel council should address these types of resolutions, however, she believed the Initiative was wrong in that it was badly written and not written to promote biological sound management of the river. Swarner stated she would support passage of the resolution, although she did not agree with doing it. Councilman Smalley stated he agreed with supporting the resolution which would oppose the Initiative. He added, he felt the Initiative was poor and does set aside a portion of the industry for one group and regulates another group away from it. Smalley continued that the council supports the industry in Kenai, which includes sport and commercial fishing. He believed the Initiative spoke against the commercial fishing industry. C-30. Consideration of resolution. Vice Mayor Measles asked if there were any objections to unanimous consent of the motion. There were no objections. 8o ORDERED. C-4. Resolution No. 96-9 - Formally Accepting an Airport improvement Project (AIP) Grant from the State of Alaska, Department of Transportation, in the Amount of $6,595 for the Purchase of a Sander and Plow Truck, and, Accepting the Conditions of the Grant Agreement. MOTION: Councilman Bookey MOVED for approval of Resolution No. 96-9 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilwoman Swarner asked where the equipment would be stored. Airport Manager Ernst answered it would be the first -line snow remover and would be kept in warm storage. The back-up Osh Kosh would be kept outside. VOTE: 0 There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 71 1996 PAGE 13 C-50 Resolution No. 96-10 - Awarding a Contract for Fuel Service to Kenai Airport Fuel Service, Inc. at the Unit Prices Listed Below for Furnishing and Delivering Fuel to the Dock and Generator Tanks and for Furnishing and Dispensing Fuel at their Service Station. MOTIONt Councilman Smalley MOVED for approval of Resolution No. 96-10 and Councilman Bannock SECONDED the motion. There were no public comments. Councilman Bookey stated he had been opposed to the contracting of the service since the first time the discussion came before council. He added, he believed it would be wrong to go ahead with the proposal and that it would be detrimental to the city. He believed the city should maintain its own facility. Councilman Moore asked how administration would act to emergency needs. Kornelis answered he believed this would be a much better situation than what the city has already. The city would keep fuel in old tanks as stand-by for a year, but did not believe the fuel would be used. He believed the proposed system would be much safer and more reliable than what the city has now. Councilman Smalley asked what the hours of availability would be. Kornelis answered the fuel service would be available 24 hours a day, 365 days a year. Councilwoman Swarner asked if the city would be liable for spillage. Attorney Graves answered if the gas station would have a leak, the city would not be liable. If the city was responsible in some way for a spill, the city would be liable. Swarner asked if the bidder had insurance. Mr. Eicholz (the bidder) was in the audience and stated he was the vice president of Kenai Fuel Service (the bidder) and that they have liability insurance coverage for $5 million at the present time. They also carry pollution insurance for the underground storage tanks at a rate of $3 million. Councilman Bannock asked how long the contract would run. Kornelis answered from 2/12/96 through 12/31/96. Kornelis added, a cost estimate for bringing the city up to specifications, which . Councilman Bookey requested, would be included in his budget KENAI CITY COUNCIL MEETING MINUTES . FEBRUARY 71 1996 PAGE 14 information. They are presently using the service facility for providing diesel because the city's facility is not working. VOTE: Williams: Absent Bookey: No Swarner: No Moore: No Measles: Yes Bannock: Yes Smalley: Yes MOTION FAILED. C-6. Resolution No. 96-11 - Changing Appropriations by $4,000 in the Water Department, Water and sewer special Revenue Fund. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 96-11 and • Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections to the motion. 80 ORDERED. C-7. Resolution No. 96-12 - Changing Appropriations by $8,000 in the Congregate Housing Fund to Purchase Wall Coverings and Furniture. NOTION: Councilwoman Swarner N0VBD.for adoption of Resolution No. 96-12 and requested dMINOUS CONSENT, Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 60 ORDERED. Resolution No. 96-13 - Changing Appropriations by $3,000 in the Finance Department to Purchase Computer Equipment. KENAI CITY S FEBRUARY 7, PAGE 15 MOTION: • COUNCIL MEETING MINUTES 1996 Councilman Bookey MOVED for approval of Resolution No. 96-13 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Bookey asked Finance Director Sweeney if he was comfortable with the dollar amount to do what he wanted to do. Sweeney answered he thought it was enough. VOTE: There were no objections. 80 ORDERED. C-9. Resolution No. 96-14 - Formally Accepting a Grant from the State of Alaska, Department of Environmental Conservation in the Amount of $683,017 to be Applied Towards Financing Water System Improvements, and, Accepting the Conditions of the Grant Agreement. MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-14 and Councilman Bannock SECONDED the motion. MOTION TO AMEND: Councilman Smalley MOVED to amend Item C-9b for Item C-9a and Councilman Bannock SECONDED the motion. There were no objections. 80 ORDERED. There were no public or council comments in regard to the substitute Resolution No. 96-14. VOTE: 11 There were no objections. 80 ORDERED. BREAK TAKEN: 8:s0 P.M. BACK TO ORDER: 9100 P.M. C-10. Resolution No. 96-15 - Confirming the Assessment Roll on the Thompson Park Water and Sewer Special Assessment District and Fixing Payment. s KENAI CITY FFBRUARY 7 PAGE 16 NOTION: COUNCIL MEETING MINUTES 1996 Councilman Moore MOVED for approval of Resolution No. 96-15 and Councilman Bookey EECONDEO,the motion. Don Harris, 210 Nevada Biaoe, Kenai - Harris stated he reviewed the calculations distributed by the city and then calculated his own proposals. He had several questions of how the city's calculations were made, what happened to the original money set aside for the project, what is the long-term goal, i.e. will the line extend on further toward Soldotna. Harris added, one of his questions had been answered in regard to the new well being dug. Harris stated, the water is very nasty. A bathtub full of water looks dirtier before you get into it. Harris distributed his calculations and corresponding maps. Scott Jasons, V*O: Box 4276, Kenai - Jasons stated he believed • the information distributed by Mr. Harris should be reviewed and given some serious thought. He added, he did not believe the homeowners on larger lots should be paying more. The smaller lots now can develop the lots with the water and sewer available. The larger lots are taking the brunt of the cost. Jasons added he did not understand how the assessment calculations were made. Joe Fisher, 230 Biseaboper, Kenai. - Mr. Fisher referred to his letter which was included in the packet and added his objection to'the proposed assessment roll based on the sgVAre footage of the lot. The formula didn't provide for fair and equitable allocation of cost of the project. The benefits are better for people with smaller lots, but who are not carrying the burden. Xurt Wallace, 240 Eisenhower Lane, Kenai* - Mr. Wallace referred to his letter included in the packet and added he believed there was a disproportion of the allocation of costs. It is unfair for a few people with large lots to pay more of the cost for the entire subdivision. Councilman Bannock referred to the letter included in the packet from David and Shirley Wallingford in which they stated their main objection to the "assessment role dated December 21, 1995 is that parcels number 049 270 06, 049 270 07, and 049 270 08 no longer exist. They have been replace with parcel number 049-270 21." Bannock asked if this information was accurate and would it change the dollar amount. KENAI CITY S FEBRUARY 7, PAGE 17 COUNCIL MEETING MINUTES 1996 Kornelis explained the Wallingfords took three lots and vacated the property lines to make it one lot. There would be no change because the calculations were based on the square footage. Finance Director Sweeney added, they verified with the Borough that the square footage in the one lot was the same as the three lots added together. The dollar amount would remain the same. Bannock stated the 25% test would still work. Bannock asked if the lot should be titled differently. Sweeney answered yes. Councilman Smalley asked if the property owners in Thompson Park were sent preliminary assessment rolls with the projected figures and fees included. Sweeney answered yes. Smalley asked if the original assessment amounts were reduced. Answer was yes. Smalley stated not many property owners voiced concerns when the Initial figures were sent out and now the assessments were reduced due to the cost of the project being less than what was anticipated. He was concerned that now, since the project had • been completed, comments were being made. Councilman Bannock stated the method for establishing the assessments was included in previous correspondence. He believes the method is incorrect, but it is the way the Kenai Municipal Code directs them to be calculated. At this point, nothing can be done to change the method. He added, if a change would be made for those with larger lots, there are many more owners of smaller lots who would be affected. Bannock added, he personally believed assessments should be calculated by stub outs charges. Also, because the assessments have been lowered due to the final cost of the project, the property owners should be pleasantly surprised. Councilwoman Swarner referred to the letter added to the agenda from Dewayne Benton (who was in the audience). Swarner questioned who "Joe" was that Benton referred to in his letter. Swarner stated there was no "Joe." Benton stated it was the Tom, city manager, who suggested he speak to council. Benton added, he spoke with Mayor Williams about a year ago, who stated that he thought the assessments could be kept at $6,750. That is why there were not more appeals or more input at the time the initial assessments were sent out. He spoke with many of the property owners, telling them of his discussion with Williams. When the final assessment roll was distributed, more people were concerned. "'A KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 7, 1996 PAGE IS Councilman Moore asked Benton if the original estimates for the cost per lot were distributed prior to his discussion with the city manager, city inspector, etc. Benton answered yes. City Manager Manninen stated that since that meeting, the cost went down based on the actual price. VOTE: Williams: Absent Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED MMMIMOUGLY. Councilman Smalley thanked Mr. Harris for the maps and the work put into preparing the information which he distributed. C-11. Resolution No, 94-16 - Approving the Application by the City for a Credit Card to be Used Strictly for Procurement Purposes. MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-16 and Councilman Bookey SECONDED the motion. There were no public comments. Councilman Bookey warned this could be a very dangerous situation but would support it as.long as the use of the card would be handled as stated in Sweeney's memorandum which was included in the packet. Councilman Moore agreed and added, internal controls are very important and agreed a credit card is probably needed. Councilwoman Swarner asked if the card would accumulate mileage. Sweeney stated the bank from which the card would be acquired did not offer corporate mileage cards. Sweeney added that before he applied for a non -mileage card, he would check for card offering miles with airlines serving the lower 48. If a corporate mileage card is available, he would apply for one. Councilman Bannock referred to the memorandum and noted it said the card would be applied for through the bank at which the City maintains its main checking account. Bannock suggested an amendment to the resolution may be needed to allow finding a mileage plan card. KENAI CITY FEBRUARY 71 PAGE 19 COUNCIL MEETING MINUTES 1996 MOTION TO AMEND$ Councilman Bannock MOVED to strike "from whatever banking institution its main checking account is maintained at," and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED, MOTION TO AMEND$ Councilman Smalley MOVED to amend by striking "VISA" and say standard business credit card (allowing to make the choices). Councilman Bannock SECONDED the motion. There were no objections. 8o ORDERED. There was no discussion on the main amended motion. VOTE ON MAIN AMENDED MOTION: There were no objections. 80 ORDERED. C-12. 1996 Liquor License - protests of Continued Operation C-12a. HPOE Bike Lodge #2625 - Club. C-12b. Italian Gardens - Restaurant/Eating Place, Clerk Freas referred to her memorandum and temporary letters of protest which were included in the packet. Freas reviewed the memorandum and requested council to approve protests of continued operation. MOTION$ Councilwoman Swarner ROVED for approval of the letters and protests of continued operation. Councilman Bookey SECONDED the motion. Councilman Smalley and Vice Mayor Measles stated both were members of the Elks, but had no vested interested in the organization. VOTE: There were no objections to the motion. 00 ORDERED. • xEaai CITY FBBRUARY 7v PAGE 20 COUNCIL MEETING MINUTES 1996 C-13. 1996-97 Liquor License Renewal - Kenai Country Liquor - Package Store. Approved by consent agenda. C-14. 1996-97 Liquor License Renewal - One Stop - Package Store. Approved by consent agenda. I,TES[ .D: Q0iD[I88 ONLCOMMITTB$ REPORT8 D-le Council on Aging Councilwoman Swarner reported the minutes of the last meeting were included in the packet. Swarner noted there is a vacant seat on the Council and an application was included in the • packet. However, another application has also been received, and would be included in the next packet. Swarner asked that appointment to the Council be held until the next council meeting. There were no objections. D-2. Airport commission Councilman Measles stated there was no meeting since the last council meeting. The next Commission meeting was scheduled for February 8 at 7:00 p.m. Measles referred to the application of James Bielefeld for appointment to the Commission (which was included in the packet). There were no objections. Clerk Freas was requested to notify Mr. Bielefeld of the appointment. D-3. Harbor Commission Councilman Bookey reported no meeting was held since the last council meeting. The next Commission meeting was scheduled for February 12. D-4. Library Commission Councilman Moore reported a Commission meeting was held February 6. Through a report from the Director, it was that the new computer would be installed soon. it was anticipated the library would be closed for three days on found for the KENAI CITY COUNCIL MEETING MINUTES • FEBRUARY 7, 1996 PAGE 21 • • installation. There was discussion in regard to keeping the library opened and run by volunteers during those days, but it was decided that would not work well. Moore added, the Building Committee reported their next meeting would be held at 7:00 p.m. on February 26. The tent book sale has been scheduled for June 6 and 7. Unocal is loaning the tent for the sale. The Friends' membership tea has been scheduled for March 4. D-5. Parks i Recreation Commission Councilman Bannock reported the minutes of the last Commission meeting were included in the packet. Bannock also noted the certification of Bob Frates as a Playground Safety Inspector which was included as an information item. Bannock referred to the memorandum included in the packet requesting council's permission to hold a special meeting on February 26 to discuss the budget. Vice Mayor Measles stated he did not think council needs to approve special meetings, only those that are being cancelled. There were no objections to the request. Measles noted the special meeting should be advertised. Bannock also noted the discussion held during the meeting in___ regard to the use of the Leif Hansen Memorial Park which would be discussed at Item G-1. D-6. Planning i zoning Commission Councilman Smalley reported he was out of town and unable to attend the Commission's last meeting and special meeting. The next scheduled meeting would be February 14. Minutes of the special meeting were included in the packet. D-7. Miscellaneous Commissions and Committees a. Kenai Visitors Bureau Board - Councilman Bookey reported the Board held a meeting last week at which an election of officers was held. Frank Fiala was elected president and Ron Malston, vice president. Bookey requested minutes of the KVBB meetings be included in council's packets. KENAI CITY COUNCIL MEETING MINUTES • FEBRUARY 7, 1996 PAGE 22 b. Historic District Board - Councilman Moore reported a work session was held because the lack of members does not allow a quorum. The Board would be holding another work session on February 27 unless appointments are made to the Board. It was noted there was an application for membership included in the packet. Council decided to wait until their meeting of February 21 to make appointments as.another application is expected to be submitted for consideration by that time, ce challenger steering Committee - Councilman Bannock reported the minutes of the last meeting were included in the packet for review. • -12M t XZME8 8-1, Regular Meeting of January 17, 19969 Approved by consent agenda. ,ITER V1 CORRBSPONDaI C$ None. Discussion - Leif Hansen Memorial Park Policy Councilman Smalley stated that in previous discussions, he strongly supported the concerns of allowing large groups with food concessions, etc. to use the Park and wanted them to use the green strip by the ballfields. However, he believes there are activities which could be held at the Memorial Park if there is a good reason to hold it there which could be determined by the city manager. Smalley added, he supported and suggested the Kenai River Festival be held at the Memorial Park as it is a celebration of life. In regard to concerns about the safety of the trees, etc., he believed the individuals holding the Festival would police the area. Smalley added, he believed the Festival is a lot different than other celebrations held there before that should use the green strip. 0 • • KENAI CITY FEBRUARY 7, PAGE 23 COUNCIL MEETING MINUTES 1996 Councilman Moore asked why the green strip area would not be acceptable. Marion Nelson answered the green strip has merits, but it should be recognized that there are numerous ball tournaments held during the summer and most probably the same weekend as the scheduled date for the Festival. The two activities are not compatible. Nelson added she spoke with Dr. and Mrs. Hansen and Tim Navarre. The Hansen family doesn,'t object to holding the Festival in the Park as the Park is not a cemetery and it never occurred to them that it would be in conflict to activities such as this one. Swarner asked if the softball schedule had been determined as yet. Parks & Recreation Director McGillivray stated it had not. Swarner stated she felt it would-be more appropriate to hold the Festival by the ball fields because of the restroom facilities that are available there, electricity, etc. McGillivray stated in past years, softball tournaments are held in Kenai the first two or three weekends in June. Councilman Bookey stated he basically agreed with Swarner and sympathized with the Festival, but didn't think the Festival would be compatible. Bookey stated he was not sure why the discussion had come back to council as he thought council left it as a responsibility for the city manager to decide on the use. Bookey added, he believed the use of the park to he negotiable. Councilman Smalley clarified that council requested guidelines be devised and brought back to them for review. Vice Mayor Measles stated the city manager needs guidelines to make judgements. At this time, anything could be done at the park. Bookey stated he agreed with the Parks & Recreation Commission, but also believes in the Festival and wants to make it work. If there is a conflict, the city manager could make a determination. Bannock stated he did not know it would be the city manager who would be making the decision. The memorandum he had, he was under the assumption the decisions would come before the Parks & Recreation Department for approval. Bannock added, he believed someone needed to make the decisions and was of the opinion that activities of this nature should take place at the green strip area. KENAI CITY • FEBRUARY 7, PAGE 24 COUNCIL MEETING MINUTES 1996 Clerk Freas stated if a policy was defined, she would include it in the Policies and Procedures of the Park which also include policies and procedures for purchase of plaques, etc. McGillivray was asked what the frequency of the tournaments are in the summer. He answered, there are usually tournaments on Memorial Day weekend and the first and second weekends in June. He was not aware of the River Festival date and if he had known, he would have contacted the Softball Association to inquire what their tournament plans were. He usually receives the tournament schedule in late February or early March. Smalley stated he believed having the Festival by the ballpark would be inappropriate. McGillivray stated it would be difficult to have both there because the area is used for camping by out- of-town players. Baul Dale - Stated he is involved with two organizations that IS were exhibitors at last year's festival. They were stunned by the success of last year's festival. He added, he believed location is very important as they want to attract people to the festival and educate them. Dale suggested a bond be posted for damage by the users. Michelle Brown - Stated her organization was an exhibitor during last year's festival. Brown added, the Park was a great setting for the activity. She is on the planning committee this year to. make sure the Park is cleaned and nothing is damaged. McGillivray reported he has users (wanting to reserve the Park) complete a form as well as pay a $50.00 deposit. If the Park is cleaned and there is no damage, the fee is returned. The Parks & Recreation Commission held their discussion in response to the letter received (from the Townsends). McGillivray added, he personally had no problem with large groups using the Park. His personal feeling was he would rather have large groups use the area along the green strip, however it would be hard to do if a tournament is also taking place. Smalley asked Mr. Schilling, who was in the audience, if holding the Festival at the Park adversely impacted his business. Schilling answered, perhaps a small amount, but he was in favor of the Festival. Councilman Smalley suggested the use of the park continue as it has been -- allowing McGillivray and Manninen to decide the use. KENAI CITY • FEBRUARY 71 PAGE 25 is 0 COUNCIL MEETING MINUTES 1996 Measles clarified by stating no change would be made in the policy and procedure would stay as it has been. City Manager Manninen stated the staff's concern was public safety at Leif Hansen. Other than that, either site could work, it would depend on which site is more appropriate for the size of group. From the standpoint of controlling traffic, it would probably be better to be over by the airport area/ball fields. It depends on how big it gets. Swarner asked if a motion was needed by the city manager to accept the policy of the Parks & Recreation Department? Manninen answered if council had any direction to give, either accepting or leaving it open to discussion, however they felt comfortable, they will make it work, just tell them if they had any strong feelings, if they want to exclude some groups or not. Their only concerns are public safety in the area. They feel it can work either place. There were strong feelings voiced (at this meeting) that would rather use Leif Hansen Park and so far they don't seen any reason why they couldn't use Leif Hansen Park unless it becomes a public safety issue controlling traffic and so far that has been workable. That would be easier to handle in the other area. That is the only concern they had. Smalley stated he was concerned that if council adopted the policy which was recommended, the Festival would be excluded. If a policy was adopted, it could include a statement to allow the discretion of the Parks & Recreation Director and the city manager to review exceptional cases based on the criteria they set. Swarner added, if there is a conflict, and in this case the softball tournaments had set a precedence, the Festival would have to have another place -to go. A short discussion followed in regard to a possible donation from the City for the Festival as well as making available electricity, garbage disposal and porta-potties. NOTION: Councilman Smalley NOVED to have the City of Kenai contribute $300 and the same amenities as last year to the Festival. Councilman Bookey BBCONDED the motion. There were no objections. 80 ORDERED. ' KENAI CITY . FEBRUARY 7 PAGE 26 COUNCIL MEETING MINUTES 1996 6-2. Discussion - Reasonable Suspicion Drug and Alcohol Testing Policy. MOTIONS Councilman Bannock MOVED to accept the City of Kenai Drug and Alcohol Reasonable Suspicion Testing noted in the packet as Item G-2, Draft. Councilman Smalley SECONDED the motion. Councilman Bannock stated the draft was almost exactly what he had in mind. However, he suggested striking "intent to consume it" on the first page, Item 2, last sentence. Engineering Technician Clark stated the city manager could write a blanket waiver for the situation. She didn't think there would be problem. Clark referred to page 3,."Waiver of this Policy" wherein it allows for waivers. Attorney Graves added, the "Waiver" portion provides for necessary waivers. • Bannock referred to page 1, "Alcohol/Controlled Substance Testing," first paragraph, third sentence -- "...may be operating a commercial vehicle under the influence..." Bannock suggested an amendment be made, striking the word "commercial." Bannock also asked if "an" was the same as "any" at No. 3 on page 1. Clark stated it applies to any employee. VOTES Williams: Absent Bookey: Yes Moore: Yes Measles: Yes Smalley: Yes MOTION PASSED UNANXHOUSLY. ZTXM--Rt NEW BUasNEas R-1. Bills to be Paid, Hills to be Ratified MOTION: Swarner: Yes Bannock: Yes Councilman Smalley MOVED to pay the bills, including the bill for Vasey Engineering. Councilwoman Swarner SECONDED the motion. There were no objections. So ORDERED. . KBNAI CITY COUNCIL MEETING MINUTES FBHRUARY 71 1996 PAGE 27 • • N-2. Purahase Orders Exceeding $2,500 NOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500, including the purchase order to Schmidt Engineering in the amount of $3,047.18. Councilman Bookey BBCONDED the motion. There were no objections. 00 ORDERED. 8-3. Ordinance No. 1674-96 - Increasing Estimated Revenues and Appropriations by $5,300 in the General Fund and the Airport Land Sale Trust Fund for the Purchase of Property Adjacent to the Kenai Senior Center onto which a Storage Building has been Relocated. - Introduced by consent agenda. K-4. Approval - Assignment of Lease - From The Dia-Log Company to Wedge Wireline, Inc./Lot 5, Block 5, General Aviation Apron. MOTION: Councilman Smalley NOVED for approval of the Assignment of Lease from The Dia-log Company to Wedge Wireline, Inc. and Councilwoman Swarner BECONDED the motion. Attorney Graves reported Wedge Wireline stated they would not sign the assignment individually. Individually signing. is a council policy. Administrative Assistant Howard has requested Wedge to put their determination in writing as it would be up to council to change the policy. Graves added, council has required individual signing by other large corporations, however when the corporation has been large enough there is not a large risk factor and have also approved the lease without the individual signing. Vice Mayor Measles suggested getting the parent corporation to sign as guarantor. Graves agreed, that could be an option. Council could approve it with the provision that the parent corporation sign as a guarantor NOTION TO AMEND: Councilman Smalley MOVED to have the parent corporation sign as guarantor. Councilwoman Swarner BECONDED the motion. r� S. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 71 1996 PAGE 28 Bookey asked if it was known who the parent corporation was. Measles stated he assumed it was Wedge Energy Group as it was their name on the letterhead. if Wedge Wireline is a subsidiary, the parent corporation could spin off the subsidiary and disappear. If there is a parent corporation, he would like some guarantee. Bookey added, if they choose not to sign off, the matter would return to council. Graves asked if council's direction was to tell them the parent corporation has to sign as guarantor and if there is no parent corporation, did council want him to return the matter to council? Smalley stated yes, unless they were willing to sign under the provisions already set. Measles stated, a corporation that size will not sign individually as being responsible. If there is no parent corporation, he added, he had no problem with proceeding and giving the city attorney authorization to go ahead with the assignment. If there is a parent corporation, he would like to have the parent guarantee attached to the lease. If there is no parent corporation, it would be a regular signature like other larger corporations. Bookey stated he would sign it individually. found on a computer. The city would be out into bankruptcy. VOTES like a financial statement if they won't Measles stated budget information could be Graves stated there was not much of a risk. a few months' rent if the company would go Councilman Bannock requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED, H-5. Approval - Request for Partial Release - Tracts D. Sprucewood Glen Subdivision/Louis B. Schilling MOTIONS Councilman Smalley MOVED for approval of the partial release on Tract D, Sprucewood Glen Subdivision. Councilman Bookey SECOND the motion. Attorney Graves stated the memorandum, included in the packet, from Finance Director Sweeney explained the matter. Graves added, the city would not be out any money if the release is ti KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 71 1996 PAGE 29 approved. Sweeney added, if the land is improved, the value of the remaining land would increase as it is next door to the improved land. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. H-6. Discussion - smoking Policy/Senior Housing. Senior Center Director Patricia Porter referred to her memorandum which was included in the packet. Porter stated she had no opinion on the matter. She added, she was not aware of whether it is really much of a problem. Some tenants believe it is a problem. She brought the concern to the council. Porter added there are probably six out of 40 tenants who are smokers. Next year, however, there could be 20 smokers. She has walked the halls to see if she could smell smoke and was able to detect some in the hallway in front of one or two doors. Attorney Graves stated a judge wouldn't kick out a tenant because smoke could be smelled in the hallway by a tenant's door. Bookey suggested segregating smoker apartments to one area of the building. Porter suggested that could be against the law. Graves suggested it could be done, however, there would still be a problem with visitors who smoke. Smalley suggested including a clause in new leases. Porter stated the Council on Aging didn't want to make people move if they smoked. They want them grandfathered in. Porter added, old people will not quit smoking. Smalley asked how other facilities, like Pioneer Homes, are treated. Graves stated Pioneer Homes are included in the statute and treated like a hospital. No action taken. EXECUTIVE SESSION - Inlet Woods Litigation No executive session was held. 0 �J • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 7, 1996 PAGE 30 vice Mayor Measles referred to Mayor Williams' memorandum in which he requested Administration be directed to immediately proceed with plans involving the FAA and the transfer of the antenna farm property to the city. There were no objections from council. 1-2. city Manager a. Training sessions - Manninen reported he had scheduled a training session for department heads and staff with The Growth Company on February 26, Monday, from nine to five. They plan to tape it. It's on equal employment opportunity and sexual harassment. b. Kenai River Protection ordinance - Manninen reported attended a meeting at the Borough on the Kenai River Overlay District. The attorney was there for most of the meeting. He got there at the end and talked with the KPB attorney for about one hour after the meeting. If the Borough passes anything like the latest version, he has concerns over the city's enforcement and wouldn't recommend that the city enforce it. Let the Borough enforce it if they pass it. Because of concerns for costs, enforcement costs, takings issues, permits, definitions of non- conforming uses and variance questions, along with some things council has discussed in the past year on whether or not it would be tampering with the city's home -rule charter rights or Title 29 powers. Basically, if it's passed, it would be his recommendation to not enforce it but let the Borough enforce it. I-3. Attorney Attorney Graves stated he attended the Borough meeting ;n regard to the Kenai Protection Ordinance, Draft Version B. He and several members of the work group who were there, expressed there concerns about effect on the processors. They were told that Version C was worse than Version 2, so they went backwards. He spoke with three members of the working group and they were all very distressed that the process was going backwards. The ordinance to be introduced to the Assembly was not what the working group approved. KENAI CITY • FEBRUARY 7, PAGE 31 COUNCIL MEETING MINUTES 1996 Graves added, he would not recommend council enforce the ordinance if it is adopted by the Borough. The latest version will harm the canneries. Given the way the ordinance has progressed, the council should say it wants the lower river left out of the ordinance. He did not believe an ordinance would be drafted to protect the canneries like the city wants them protected. Councilman Bannock referred to Mayor Williams' letter to the borough placed as Item I-1 in the packet. Bannock stated he believed that, if the city was telling the Borough that a portion of the river should be removed from the ordinance, it should begin at the city limits, not just a portion of the lower river. He would not want the residents of the city to have two different rules. Graves stated he wouldn't have a problem with that. His feeling was, the comments of the working group, that it is a biological • difference. It is not a jurisdictional matter. He does not have a problem with arguing to exclude all of the city. Bannock noted, when the ordinance started out, it was based on biological needs, but it has turned into a political issue. Councilman Smalley stated he also supported the change of the boundary suggested by Bannock. Bookey also agreed all of the city property should be excluded from the ordinance. 1-4. Oity Clerk a. Parliamentary Procedure workshop - Clerk Freas reported she held a workshop on Monday, January 29. Eight commission/ committee members attended. b. lcenai Merit Zan Liquor License - Clerk Freas referred to the memorandum and letter included in the packet in regard to the liquor license renewal for the Kenai Merit Inn. The letter (a copy of a letter to the ABC Board) referred to a telephone discussion she had with ABC in which she was told the ABC Board had reinstated the liquor license for the Merit Inn because the Borough had withdrawn its protest in May. The City had not withdrawn its protest. Because of her letter, the ABC Board had included as an agenda item for their upcoming board meeting, reconsideration of the Board's action on the reinstatement. • KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 71 1996 PAGE 32 I-5. Finance Director Finance Director Sweeney reminded council the budget deadline for new programs was January 31. He and the city manager were proceeding with review and consideration of the requests. February 28 is the deadline for submission of departmental budgets. Public Works Director a. Kenai Habitat Restoration i Recreation Enhancement Projects - Kornelis reported he submitted the requested revised grant application on January 16. He had been requested to revise the application again and he distributed a copy of the second revision at the beginning of the meeting. Kornelis requested council to call him with any amendments they may have. The deadline for submitting the revised application was set for Friday. Kornelis also reminded council that if grant funding were received for this project, the city would have to purchase lots adjoining Cunningham Park. b. Congregate Housing Solarium - Kornelis reported this construction project was 99% complete. c. Boat Dock Ramp - Kornelis reported the concrete ramp to the floats was completed. d. Animal Control Report - Kornelis noted the Animal - Control Annual Report was included in the packet as Information Item No. 3. Kornelis added, the information was justification for a new animal shelter. e. Building Permit Report - Kornelis noted the Building Permit Report for 1995 was included in the packet as Information Item No. 4. Councilwoman Swarner requested a report which included building permits for year 1993, 94 and 95 for comparison. Swarner also requested graphs. f. CIP Request Letter - Kornelis noted his letter to Governor Knowles and others requesting CIP grant funding was included in the packet as Information Item No. 10. g. Contract Fuel Discussion Continuation - Kornelis • requested direction from council in regard to their action taken on Resolution No. 96-10, which would have awarded a contract for KENAI CITY FEBRUARY 71 PAGE 33 COUNCIL MEETING MINUTES 1996 fuel service to Kenai Airport Fuel Service, Inc. Kornelis stated the Safety Committee brought the matter to him. The liability of fuel spills was a major concern to them. The city's fuel system is no longer operable. Kornelis stated that if council wants to make immediate improvements to the city�s fuel system, it would cost $11,500. Other costs would be brought up later for summer work. The contract the city had with Doyle Fuel Service ended. They continued to sell fuel to the city at the same prices that had previously been set, but they were not the low bidder for the furnishing of fuel. Kornelis added, his only option would be to repair the system but was not sure how to handle the bidding situation. The second portion of the bid was to deliver fuel and provide fuel as a service station situation. Kornelis continued, if the council wanted to use the city's tanks, they could probably get the price of the low bidder. He stated he would do that unless council objected. Bannock asked again what it would cost to make repairs at this time. Kornelis answered, they would need $11,500 fiist. They are now paying the pump price for the diesel fuel at the service station by the shop. Bannock stated he would rather pay pump price for fuel than invest $11,500 into the system that is apparently bad and everyone is trying to avoid. Bannock added, he felt the city should get out of the fueling business and did not think repairing the city's system would be a wise investment. Councilman Smalley stated he had tried to get a reconsideration on C-5 to continue discussion as he had wanted to hear from the city manager and ask if he had a recommendation. Smalley added, he was concerned that if there was a reconsideration made at this meeting, it could be defeated and then the matter could not be brought before them again, unless as a different proposal. Manninen answered, procedurally, Smalley should talk to someone else for advice. As far as recommendations and why the staff came up with the bid, he thought was covered. They were concerned about the liability and concerned about adding more money to the existing system that the city already put. approximately $15,000 - $20,000 in four or five years ago and not knowing if that would be the end of it. That's what precipitated the staff going out and looking for bids and then going out and 40 coming back at this meeting with that information. Manninen added, they thought it would lessen the long-term overall KENAI CITY • FEBRUARY 7 PAGE 34 COUNCIL MEETING MINUTES 1996 liability of city. They know it won't make any liability already on the ground go away but it would save money in the short term, they think, and in the long term for liability for spills unless it is flagrant spill in which case there would be disciplinary problem which can be handled. If it's an accident and not on the city site, then the $3 million or $5 million policy of the vendor would be covering it as would for other customers. Manninen continued, whatever land the city touched in the last few years, it's an expensive item. So, even if the city puts the $11,500 into it, it is not known what will happen six months or a year from now, or if it's covered over with concrete, there could still be another problem because of digging 50 feet away and find something. Manninen continued, from that standpoint, that's why the bid was brought to council. It's council decision to decide whether or not they want to reconsider, but if they want to reconsider it, he didn't have any advice. Procedurally, he thought the clerk or the attorney would be in a.much better position to give that advice. Why they've come to where they are at, that's the reason -- the liability reason and the long-term investment and that's how he looked at and respects the fact there is a difference of opinion. Smalley stated he understood Bookey's concerns and was also concerned that if there is an emergency or disaster there is a need to have the city able to have access. Smalley suggested that if there would be no power (in an emergency), the city would take a generator to the station because of the situation. Vice Mayor Measles stated a motion of reconsideration could be given at the next meeting. I-7. Airport Manager Airport Manager Ernst noted his report was included in the packet. J-1. citizens None. Ig KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 7, 1996 PAGE 35 J-2. Council Bookey - No report. Swarner - a. snow Removal - Swarner asked if a new policy on snow storage and reported there was snow left in the cul-de-sac by her house. Kornelis would check on it. the city had a big pile of stated he b. Junk Cars - Swarner also requested the house at the corner of First and Birch be investigated. She received a •complaint due to what appeared to be a number of junk vehicles parked in the yard. c. Bills to be paid - Swarner referred to the bill to Vasey Engineering which was added to H-1 at the beginning of the meeting. Swarner noted a note on the bill from the Finance Director which said to hold the check. Swarner asked if the bill had been already paid. Sweeney answered no, but it needed to be released soon. Moore - Stated he heard talk of a bond proposal to fund the building of the Challenger Center. Moore added, it was his understanding the Committee was looking for corporate funding, etc. Bannock answered the group had not assigned any money as yet. The feasibility study may fail. If the study finds placement of a Center in Kenai to be feasible and the application is forwarded to the Challenger office, the Challenger organization could turn the application down. If the Challenger organization approves the application, the steering committee's new function would be to find funding. There could be a future request of council for funding, however the project is not that far along. The committee's goal now is to get the assignment from the Challenger organization. Funding is the second step. Moore asked if, after building a center, it is to take three years to break even, who covers the deficit over the three years? Bannock answered, the city would. Bannock - Reported he took city pins for distribution to students at the Challenger Center he visited. The experience was great and the students appreciated the pins. • • KENAI CITY COUNCIL M8$TING MINUT88 FEBRi7A1tY 7, 1996 PAGE 36 Bannock also congratulated the Kenai Airport for the enplanement report increasing. Smalley - Stated his congratulations to the Challenger Steering Committee for their report; the Airport Manager for the enplanement report; and Public Works for the snow removal. He had received comments of persons who were very happy with the snow removal service. The meeting adjourned at approximately 10:55 p.m. Minutes transcribed . ra%P%.v0 submitted by: ArrRovEc BY coueicu �z �r DATE —c6� c