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HomeMy WebLinkAbout1996-10-02 Council MinutesA• 1• 2• 3• a. 8• Co 140900 "221106 pLAR _ v Coloca R�996 R�z C T OGSCB Op '?'It* p�RB 7 GOUNC=x, etit`� Its= _ � MN•RoAsi •n http I �-�'— A11eg lance pledge of are eider Ord Roll call 1 urtoy he �o nall Ag Ivida Approva Consent hgendatud with antroversial a wi11 be DO *Ali ite as 1 ig and no owe° mot f or • e h Unless �a council is to be routine ed y these it the ite �' b ed it will be appr Cession of ch Cage last ate die ts' in t erda and co of the General s ewer so r hs Consen agg agenda as part M re,ao�ed se�ence on the oral 0 Mi test a Ys' �1 ru v►est for C pooster Club Reg so ovY .. 1CCKs K°cKeY 1 • JI& tieing • Ad Municlpai Code Kenal unlawful 719"96 .ending i Fine to iKg paths or po• l Mini on 8 1• 2• 3• onao a Orei0.020 to Imp off -Road Veincthe City• 13.4 ation of an of -Way With tinated Revenues o3ect opera pr°vud RightB- sing a New Capital InCr°a ae Ho, 172s� by125 Hsi° North •" Hasa oral A .rOpriati „Taxiway S%te tlnated Revenues and pptitled, easing Es Tran Fund tintitled � Incr 5 and Intranuproject 'Due to NO. 17Z 1y�10 Rustorati° oxein°rropriationa a al nnnes and App in the K by $ eased Costs - eased Introduction Motion f or Second Reading a• Motion f b • Vote) Adoption c• Motion f or •100 wires a vnanilAOus tReq • 6 D. 4. Resolution No. 96-66 - Accepting the Donation of Cement Piling From Cherrier-King. a. Remove from Table. b. Consideration of Resolution No. 96-66. 5. Resolution No. 96-71 - Awarding a Contract for Consultant Services on the Project Entitled, "The Alaska Regional Aircraft Fire Training Center to Morrison Maierle, Inc., for the Not -to -Exceed Amount of $16Q,000. 6. Resolution No. 96-74 - Adopting an Alternative Allocation Method for the PY97 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 7. Resolution No. 96-75 - Requesting Municipal Assistance Funding from the state of Alaska. S. Resolution No. 96-76 - Designating the Kenai Water Quality and Quantity Development Program, Wellhouse No. 1 & 2 Modernization and Upgrade Project as the City of Kenai's Number One, Overall Capital Improvement Project. 9. Resolution No. 96-77 - Supporting a Continuing Presence of Lake Clark National Park and Preserve Offices in Kenai, Alaska. 10. Resolution No. 96-79 - Awarding a Contract for the Construction of the Kenai Beach Dunes Habitat Restoration Project to Peninsula Construction for the Total Basic Bid Amount of $109,705. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parke a Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board -2- • • S. 1. *Regular Meeting of September 18, 1996. 2. *9/16/96 Kenai City Council/Planning & zoning Commission Joint Work Session Notes. 3. *Correction to Kenai City Council Meeting Minutes of July 17, 1996. d. Ow- HVBINDBB None. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1721-96 - Amending the Kenai Municipal Code by Amending KMC 23.25.060(e) to Bring it in Conformity With AS 23.05.080 Regarding Employer Record Keeping of Hours Worked by Exempt Employees. 4. Discussion - Kenai River Habitat Restoration and Restoration Enhancement Project/South Side of Kenai River Mouth. 5. Discussion - November Meeting Calendar - AML Conference/Scheduling of Student Government Day, U=92IQE 8E8AION - City Attorney Evaluation and Inlet Woods Litigation, 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J* DI8 VBAIO�i 1. Citizens 2. Council (five minutes) -3- E L_J XZNAI CITY COUNCIL - REGULAR MEETING OCTOBER 2, 1996 7800 P.M. KENAI CITY COUNCIL Ci h=ZRB bttp: / /wwW• lcenai. cat/city Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building.. Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . Roll was taken by the City Clerk. Present were: Moore, Measles, Bannock, Smalley, Williams, Bookey and Swarner. A-s. Mayor Williams requested the following changes to the agenda: SUBSTITUTES C-3a-1, Ordinance No. 1722-96 - Increasing Estimated Revenues and Appropriations by $19,677 in the Kenai Dunes Restoration Project due to Increased Costs. ADD AS: Information No. 10 - Kenai Peninsula Municipal Coalition Tourism Enhancement Committee notes from meeting of September 26, 1996. MOTION: Councilman Smalley MOVED for approval of the agenda as -amended and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. A-6. Mayor Williams stated he had no changes to the consent agenda. MOTIONS • Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. 80 ORDERED. Williams noted Ashley Reed was in the audience. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21 1996 PAGE 2 ITEM a 8- BCREDULBD,PUBLIC COS 8-10 sob Seymour - KCHS Hockey Booster Club Request for Advertising. Mr. Seymour referred to the information included in the packet and requested council to purchase a full -page advertisement in the KCHS Hockey program for the 1996-97 season. Cost of the . full -page advertisement was $200.00. A copy of the advertisement from the previous year was included in the information for council to review. MOTIONS Councilman Smalley MOVED for the City of Kenai to purchase a full -page advertisement in the hockey program at the price of $200.00. Councilman Measles SECONDED the motion. There were no objections. 80 ORD2R$D. • ITEM C s_ PUBLIC NMI -GA C-10 Ordinance No. 1719-96 - Amending Kenai Municipal Code 13.40.020 to Impose a Minimum Fine for Unlawful Operation of an Off -Road Vehicle on Bike Paths or Improved Rights -of -Way Within the City. NOTIONS Councilman Measles MOVED for the adoption of Ordinance No. 1719- 96 and Councilman Smalley SECONDED the motion. There were no public comments. Councilman Bookey stated he did not think the $100 fine would be an adequate deterrent. He would want the fine to be higher. Councilman Moore stated his concern that if the fine was too stiff, it would turn a lot of kids into criminals who would use the paths and evade the police for fear of a higher penalty. He did not think a higher fine would stop the use of snow machines on the city streets. Smalley stated it was a minimum fine and from the previous discussion, if the fine was higher, the judges might not like it. He stated he would support the ordinance. Swarner referred to City Attorney Gravest memorandum, included in the packet, which noted the new language was applied only to sections (c) and (d) of the ordinance. She added, she thought it should be included with sections (a) and (b) as well. •KENAI CITY OCTOHER 2, PAGE 3 COUNCIL MEETING MINUTES 1996 MOT=ON TO JMEND= Councilwoman Swarner MOVED to include the "Upon conviction of a violation of this section, the court shall impose a fine of not less than $100.00." to sections (a) and (b). Councilman Smalley SECONDED the motion. There were no objections. so ORDERED. Councilman Bannock asked if the city had the authority to include in the ordinance that restitution must be made for damages. He added, he did not think it would be that bad for a snow machine to be using the bike path area when it was covered with snow and had no objections to the ordinance. However, driving a snow machine over snow which is on the bike path might not do any damage and the fine would be $100. That would be the same for a person driving a motorcycle over the grass and damaging it. He asked if their is damage, could restitution be a part of the ordinance. Graves answered there were a lot of offenses, both state and local, that included restitution under the discretion of the court. He suggested council could add a section saying, "in addition to any fine imposed, the court may order restitution as daemed appropriate." He further explained, the court could not order restitution which would impossible for a person to pay. The Kenai Municipal Code did not have any other area within Title 13 that included restitution. He suggested that if council was interested in it, they may want to include a section covering restitution. Bannock stated he would like to encourage the court to -make it part of the punishment as that -was part of the -reason the ordinance was brought to council's attention. Williams asked if it was permissible to offer as another option, could be to require "public service hours as deemed by the judge to be appropriate." Graves answered, the State has a program to work off fines, however the city, primarily has not done that. He stated he could work that option into the ordinance and suggested council table the ordinance until the next meeting so he would have time to compose the wording properly. Smalley questioned whether language regarding restitution would be appropriate due to the bike paths being on State right-of-ways and the city having no control of them. Graves explained that was why he suggested language saying "the judge may order restitution when appropriate." Williams suggested the public service hours (charged at $10-$15/hour) would be one way to keep the area cleaned during the summer in addition to the $100 fine. i . .KBNAI CITY OCTOBER 2, PAGE 4 COUNCIL MEETING MINUTES 1996 Graves answered, language stating the court would have discretion to order restitution would be the way to accomplish that. Smalley stated thought in their last discussions, Graves told them because the city did not have control of the.state right-of- way, the city could not require restitution. Graves explained that was why he phrased it to say, "the judge may order restitution" to allow the judge the choice. Smalley stated he would like a clause drafted which would allow the judge to have options for punishment as discussed. MOTION TO TABLE$ Councilman Smalley NOVND to table the ordinance and'have it brought back to the next meeting with the additions. Councilman Sookey SECONDED the motion. Williams suggested to the Peninsula -Clarion reporter (who was in the audience) an article be included in the paper which informed the public of the upcoming action in regard to the ordinance. e Council n it left the amount of fine the same in the ordinance and decided they would discuss it when the ordinance was returned for consideration (with the requested additions). VOTE ON TABLING MOTION= Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams; Yes. Bookey: Yes Swarner: -Yes- MOTION PASSED VJ1ANrXO11SLY. C-2, Ord"aacs NO. 1720-96 - Increasing Estimated Revenues and Appropriations by $125#000 in a New Capital Project Fund Entitled, Taxiway Extension North." MOTIONS Councilman Measles MOVED for adoption of Ordinance No. 1720-96 and Councilwoman Swarner SECONDND the motion. There were no public comments. Airport Manager Ernst explained the project would be done with AIP funds.and that the city had been carrying over its entitlement funds for the last three ears to do the project. Along with that, the city would get some non- HUD discretionary funds of approximately complete the project. Thosepfunds would initiate the 000 chrelimld p i inary KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21 1996 PAGE 5 design for the taxiway extension. The project would include a new grass strip and possibly moving fill from the north end of the -float plane basin if needed. The project definitely would. include relocating the grass strip where fill was now stockpiled. Williams asked if there would be a possibility of taking fill from the float plane basin. Ernst answered, it appeared the fill had been diminished and there may not be enough to complete the job. If that was the case, they didn't know if it would be feasible to do a 5008 extension to the basin to accommodate the fill or do a trench next to the proposed grass strip and get the fill from there and take the overburden from the taxiway extension location and put it into the trench. The latter would probably be the more feasible of the two. Williams stated it would be nice to extend the basin approximately 2001. Ernst stated the FAA was aware of it and may approve that idea. VOTE! Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED WMNI1MOUSLY. C-3. Ordim moo No. 1722-96 - Increasing Estimated Revenues and Appropriations by $15,105 and Intrafund Transfers - by $4,572 in the Kenai Dunes Restoration Project Due to Increased Costs. Williams noted there was a substitute Ordinance No. 1722-96 marked C-3a-1. Graves explained the ordinance had not been moved for introduction. Williams referred council to C-3a-1. C-3a-i. Motion for Introduction MOTION= Councilman Bookey MOVED to introduce Ordinance No. 1722-96 and Councilman Smalley SECONDED. There were no public or council comments. • •KBNAI CITY COUNCIL MSBTING MINUTES OCTOBER 2l 1996 PAGE 6 • • VOTE ON INTRODUCTION= Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes NOTION PASSED UMIMOUSLY. C-3b. Motion for Second Reading (Requires a Unanimous vote) NOTIONt Councilman Smalley MOVED for the second reading of ordinance No. 1722-96 and Councilman Bookey SECONDED the motion. Williams asked for the pleasure of the council. No comments, objections, etc. were voiced. C-3o. Motion for adoption NOTION1 Councilman Measles MOVED for adoption of Ordinance No. 1722-96. Councilman Bookey SECONDED the motion. Williams asked for comments from the public on the second reading and adoption of the ordinance. Smalley requested UNANIMOUS CONSENT on the motion for the second - reading. Williams asked if there were any objections to the request for unanimous consent. Swarner stated she realized there was a weather concern, but the additional total cost to the City ($24,000) was not publicized, although the original ordinance was advertised. She added, she was uncomfortable having the second reading for the additional appropriations. Swarner stated she would vote for approval of the second reading, but wanted to voice her concern. Though no objections were stated, Williams requested a roll call vote to eliminate any confusion. VOTE ON MOTION FOR SECOND RBADIN3= Moore: Yes Measles: Yes Bannock: Yee Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes ICENAI CITY OCTOBER 2, PAGE '7 COUNCIL MEETING MINUTES 1996 MOTION PASSED UNANIMOUSLY. Williams stated -council should now consider the motion for - adoption: There was a question of whether the motion had already been made for adoption. Smalley explained Measles had made a motion and it was seconded, but he (Smalley) had asked to revert back to the Motion for Second Reading as no vote had been taken and the second reading required a unanimous decision. Measles stated the Mayor had asked if there were any objections to the second reading and there were none and that constituted unanimous consent. Clark Freas was requested to review the actions taken and she referred to her notes. MOTION FOR ADOPTION$ Councilman Measles restated his motion for adoption of Ordinance 1722-96 and Councilman Sookey SECONDED the motion. There were no public comments. City Manager Ross apologized for the confusion and explained it was a rush project with the grant being awarded on September.12. The project had to go to bid and the bids were opened on Sgptember 26. The resolution was prepared on the 27th in order to be included in the packet. After that, an error was discovered that would have resulted, it not corrected, in funds cowing from an existing account, not budgeted for that purpose, and going into this project. Rather than do that, a substitute ordinance was prepared. Ross referred to the memorandum..attached to the substitute ordinance which lined out all the project costs. He referred to the dune restoration project cost. He explained, the construction.survey was an estimate and they believed this cost would come in lower. The preliminary design engineering had already.been paid in June. Of the $241,2450 the city already paid $40568. Of the $19,677 local money needed from fund balance to fund the project, he noted $5,172 was already spent. This was part of the project costs authorized to be paid in June for engineering and survey costs that were not grant eligible. Ross stated the funds required from the fund balance to fund the project totally was $19,677. The total project cost was $124,245. Administration recommended the project be done as the dunes needed the protection and they also recommended to ignore the deductive alternate because it would cost the city money to do it. They also recommended the stairway be part of the project as it was grant. eligible. • KSNAI CITY COUNCIL MBETING MINUTES OCTOBER 2v 1996 PAGE 8 He understood the first, second readings and adoption of an ordinance was not normally a good policy decision, but due to the lateness of the season, two weeks could make a difference in how construction would proceed. Swarner stated she appreciated the memorandum which included the total cost of the project. She explained she was upset at the engineering estimate which council had been assured was a good number and now it was more. Ross explained, he reviewed wemorandums presented in June, the amounts were on the memo from the engineering firm. The mistake was made internally in the first document by not bringing forward the $4,568 and showing the $4,572 had paid it. This was not an error on the part of the engineering firm. The memorandum council received in June showed the final engineering of $4,572 on it and it also showed the $3,800 on it. The error was Administration's error in the amounts included on the original Ordinance No. 1722-96. 4P Bannock stated he was under the impression the project would be a $100,000 project and now it was a $124,000. The mistake Ross discussed was approximately $4,000. He was concerned about the additional $20,000. Williams referred back to previous discussions of council when it stated the cost for the project was really not known and that a $25,000-$30,000 overrun could come up. He remembered their comments to be that the true cost of the project would not be known until a bid was received and council would decide if they wanted to go forward with the project after receiving the bids. He added, they expected to_get a higher price than $100,000 for sure and they now were aware -it would cost $19,677 additionally and $24,245 beyond the $100,-000- original grant. Ross asked Swarner if she had been referring to the engineer's. estimate on the project of $77,000? Swarner stated no, she was referring to the original of $100,000. Ross explained the engineer's estimate of the project had turned out not to be in the ballpark in regard to the final costs determined. Measles stated he and Councilman Bookey both expressed a lot of concern in council's previous discussion as to the engineer's estimate. They both felt parts of the estimate would be very low. The bid was not a surprise to him. VOTE ON ADOPTION= u KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21 1996 PAGE 9 Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PROBED VMINOVBLY. C-4. Resolution No. 96-66 - Accepting the Donation of Cement Piling From Cherrier-King. C-4a. Remove from Table. MOTION TO REMOVE FROM TBE TABLEt Councilman Smalley MOVED to remove Resolution No. 96-66 from the table and requested VNANIMOVB CONSENT. Councilman Bookey BECONDED the motion. There were no objections. BO OkDERED. C-4b. Consideration of Resolution No. 96-66. MOTIONa Councilman Bookey MOVED for adoption of Resolution No. 96-66 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Moore asked if the piling, to be placed on Kenai Avenue, would be placed before snowfall. Kornelis answered, it would need to be placed by May 15, the completion date for the project required by the grant. However, he thought the piling would be placed before snow this - fall. Swarner stated she thought the donor wanted the piling removed as soon as possible. Kornelis answered, when the city signs the IRS donation form, the piling would belong to the city. Kornelis added, the donor (Cherrier) had not given a date, but did want the piling removed. Bookey stated he was under the same impression and didn't want to end up with a storage bill for the piling if not removed right away. Attorney Graves suggested a letter be requested from Cherrier stating the city would have until May 15 to remove the piling from his property. Graves added, after the city takes ownership, Cherrier would have the right to say he wanted the pilings removed from his property. If it was Cherrierls intent to allow the pilings to remain on his property until the city needed them, he shouldn't have a problem to write a letter stating so. KENAI CITY OCTOBER 2, PAGE 10 XOTYON1 COUNCIL MEETING MINUTES 1996 Councilman Measles MOVED that the approval of the resolution be contingent upon the acquisition of a letter from Cherrier approving removal of the pilings between now and May 15. Councilwoman Swarner SECONDED the motion. There were no objections. VOTE ON AMENDED MOTION$ There were no objections. 80 ORDERED, C-5* Resolution No. 96-71 - Awarding a Contract for Consultant Services on the Project Entitled, "The Alaska Regional Aircraft Fire Training Center to Morrison Maierle, Inc., for the Not -to -Exceed Amount of $169,000. MOTION$ • Council man Moore MOVED for approval of Resolution No. 96-71 and Councilman Smalley SECONDED the motion. There were no public comments. Ross stated he wanted council to understand the resolution referred to the first phase of design engineering. The actual price would be an approximate number. He added, that information was also included in the resolution. --W it iams noted $490,000 had been set aside -for the total project. ._Ross explained, $440,00.0 plus $50,000 which was already spent for -- the environmental. VOTE: There were no objections. 80 ORDERED. °C-►6. Resolution No. 96-74 - Adopting an Alternative Allocation Method for the FY97 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area, MOTION: Councilman Smalley MOVED for adoption of Resolution No. 96-74 and Councilwoman Swarner SECONDED the motion. KENAI CITY OCTOBER 2, PAGA 11 COUNCIL MEETING MINUTES 1996 There were no public comments. Acting Finance Director Feltman stated the city applies every year for the allocation, however the state was using a different method of distribution this year. This year a.pro-rated amount was being distributed instead of each community filing separately. Williams asked if it was the same tax the Borough collects. Answer was no. VOTE$ There were no objections. 80 ORDERED. C-7. Resolution No. 96-75 - Requesting Municipal Assistance Funding from the State of Alaska. MOTION$ Councilwoman Swarner MOVED for approval of Resolution No. 96-74 and requested MMIMOUS CONSENT. Councilman Smalley SECONDED the motion. • There were no public or council comments. VOTE: . There were no objections. 80 ORDERED. C-8. Resolution No. 96-76 - Designating the Kenai Water Quality and Quantity Development Program, Wellhouse No. 1 & 2 Modernization and Upgrade Project -as the -City of Kenai•s Number.One, Overall Capital Improvement Project. NOTION: Councilman Smalley MOOED for approval of Resolution No. 96-76 and requested MWIMOUB CONSENT. Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTES There were no objections. 60 ORDDRED. Resolution No. 96-77 - Supporting a Continuing Presence of Lake Clark National Park and Preserve Offices in Kenai, Alaska. •RENAI CITY COUNCIL MBETIAIG MINUTES OCTOBER 2, 1996 PAGE 12 NOTION $ Councilman Smalley MOVED for adoption of Resolution No. 96�-77 and requested UMNINO08 CONSENT, Councilman Measles 8BCOHDDD the motion. There were no public or council comments. VOTB: There were no objections. 80 ORDERED. C-10, Resolution No. 96-78 - Awarding a Contract for the Construction of the Kenai Beach Dunes Habitat Restoration Project to Peninsula Construction for the Total Basic Bid Amount of $109#705. NOTION: Councilman Bookey MOVED for adoption of Resolution No. 96-78 and Councilman Smalley SECONDED the motion. There were no public comments. Bookey stated, although he supported the resolution, he wanted engineering estimates to come a lot closer to the actual costs in the future. 0 VOTES There were no objections. 80 ORDERED. SRBAR TAKEN: 7 t 07 PeNo BACK TO ORDER: 8:10 P.N. Ashley Reed Presentation: Williams introduced Ashley Reed who had previously contracted with the city as its lobbyist. Reed reviewed actions taken by the legislature during the last session. He explained, the Governor demonstrated a lot of control over the capital budget and he thought lobbying for Kenai and other municipalities would be very important for the.next session. Whether Kenai would hire a lobbyist.or not, it should work closely with the Governor to get items into the Governor s budget. Reed added, the political clout for Kenai would be diminished because there would be a freshman representative and perhaps a new senator (depending on the outcome of the election). Although it has helped with the Speaker of the House being from the • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 2, 1996 PAGE 13 Peninsula, the job was for only a two-year period of time. He predicted Mark Hanley to be elected as Speaker and Mike Miller as President of the Senate. Reed also predicted the House and Senate would make more cuts and the municipalities would get the squeeze. Swarner asked if he thought there would be a drastic cut in municipal sharing. Reed answered, they have said the budget would be cut more. He added, he thought it would be important for AML and local elected officials to lobby both their local legislators and other legislators to keep municipal sharing alive. Swarner asked what communications Reed would have with the council if they hired his again as the city's lobbyist. Reed stated he would be glad to take calls from council, but it would be best for council to designate an individual as a specific contact. He would then be taking direction from and responding to one person and that person would then communicate with council. He suggested it could be in his contract that a certain amount of communication would be required to be forwarded through the designee to council and also verbal communication at the end of the session. Williams explained Reed, as the city lobbyist, would be needed for two separate purposes -- capital projects and the Challenger Center. Williams suggested the Challenger Center designee should be Kathy Scott. Reed explained that if the Challenger Center was a priority, the city should get the Governor's support because the money would only come from the Governor's budget. Williams stated it was planned to present a package in regard to the Challenger Center, to the Governor early in order to get their funding request on his list. Reed stated it would be in the city's interest to meet with the -new Borough Mayor as soon as possible because of his strong association with the Governor. Swarner asked what he would charge as a fee. Reed answered, he would keep it at the same rate as before; $240,000 for the session. Reed added, he would be sure to bill more often. Williams stated he felt the city needed to protect its interest. Smalley agreed and stated his appreciation of Reed's candid representation of the Legislature. He added, he felt the city would need someone in Juneau to push the city's interests. Smalley added, he would want the contract to reflect that written monthly reports were required, as it had in the past. • 0 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21 1996 PAGE 14 Reed stated there would not be a lot of candor in written reports. Swarner stated she would like to see the status of the city's projects, etc. NOTION t Councilman Smalley XOVED that the City of Kenai involve itself in a lobbying relationship with Ashley Reed and Mr. Reed and city administration work out a contract with the amount not -to -exceed $24,000 and incorporate within the contract the designation of the city's representative, as well as the requirement for monthly reports. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. Bannock stated he would support the contract because the Challenger Center project would only succeed with help. He requested Reed consider visiting a Challenger Center to evaluate the concept first hand. Reed stated he thought that a good suggestion and also suggested the Governor or Lt. Governor might consider doing it as well. ITE14 Dt C J0@ZPXJC0XX1TT8Z REBORTB 1. Council on Aging No report. D-2. Airport Commission Councilman Measles reported the minutes of the last meeting were included in the packet. He also reported he would be out of town the next week and would not be able to attend the October 10 commission meeting. He requested another councilmember attend f or him. Williams reportbd a Challenger presentation would be made to the Alaska Aerospace Development Corporation Board of Directors on October 10 at noon. He invited councilmembers to attend. D-39 Harbor Commission Councilman Bookey reported the next meeting would be held on October 7. •KENAI CITY COUNCIL MEETING MINUTES OCTOBER 3* 1996 PAGE 15 • D-4. Library Commission Councilman Moore reported the commission met October 1 and discussed the use of Internet at the library and how its use, by patrons, would need to be screened. Moore added, they would be discussing how other entitles screen use in future meetings. Library DeForest thanked council for allowing the library addition proposition to be placed on the ballot. Williams suggested council would need to discuss what they would want to do in regard to the library and the animal shelter. He added, council needed to look at priorities for the future. D-Se Parks i Reoreation Commission Councilman Bannock reported the next meeting was scheduled for October 3 and he would not be able to attend. He added, Councilman Smalley had agreed to attend for him. D-6. Planning a zoning Commission Councilman Smalley reported the minutes of the September 25 commission meeting were included in the packet. He reported actions taken by the commission: the preliminary plat for a right-of-way in regard to the Mission Street paving project was approved; an encroachment permit for a side yard set back was approved; and, a variance was approved for a commercial lot on which the petitioner wants to move a home on the lot and use it as a residence and then a bed and breakfast. Smalley added, ----- there were neighbors of the lot who spoke in opposition because they wanted to keep the integrity of the commercial area. Smalley also reported Barbara Nord was sworn in as the new commission member. Councilwoman Swarner noted a name correction to be made on page 4 of the minutes. D-y. Miscellaneous Commissions and Committees D-9a. Beautification Committee Williams reported he attend the meeting and stated they discussed their desire to place a memorial at Memorial Park in remembrance of Loretta Breeden. The Committee was taking a collection of money to purchase the plaque and planting from friends, etc. in the community. Williams added, he suggested, in addition to the plant and plaque, a drinking fountain and bench could be placed in the Park as well. He told the Committee he would bring the matter to council to consider the purchase of the fountain.. He KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21 1996 PAGE 16 estimated the cost for the fountain to be around $250. No action was taken, although no objections were voiced. D-7b. Historic District Board Councilman Moore reported the Board met September 24 and a copy of the minute were included in the packet. The Board discussed the sign grant and accepted it. They also discussed the attendance problem and whether to change the meeting day and time. The Board agreed and requested the third Monday of the month at 5:30 p.m. be their new meeting day and time. Moore asked if council would approve the change. Bookey stated the Board had trouble making a quorum before when they met at 6:00 p.m. He added, if he were the liaison,'it would be hard for him to be at a meeting at 5:30 p.m. Bookey suggested 6:00 p.m. as the meeting time. Swarner suggested a decision be held until the next council . meeting at which time the liaison positions would be assigned fo the next year. Clerk Freas was re t r back for consideration at the Octobers16 meeting. the matter Williams reported he attended the 125th anniversary celebration of the Church. He added, the Church had received a $450,000 in federal grants to upgrade the Church approximately and rectory. D-7c. Challenger steering committee Councilman Bannock reported the next meeting was scheduled for - October 10 at 4:00 p.m, at the Salamatof Board Room. He added, there were still two seats on the Board of Director needing appointment. These were two seats to be designated by the City of Kenai. Williams asked for volunteers. Bannock volunteered. William suggested the other seat be filled by a councilmember or the city -manager. Bannock stated he would not want the mayor to be put in the position, but would nominate John Williams as an individual to be placed on the board. Kathy Scott, from the audience, explained there were two seats to be designated by the City as well as two alternates. Graves added, the by-laws state two people a Attorney the The people did not necessarily have bo be councilmembers. City. Rose stated that if the Challenger would proceed as planned, it would receive subsidizingfrom the approximatelythree City of Kenai for years. He did not think it would be •KENAI CITY COUNCIL MEETING MINUTES OCTOBER 2, 1996 PAGE 17 U effective and could be a conflict, to have the city manager sitting as a board member. Ross suggested either an elected official or someone from the community be appointed. Scott added, the appointments were one-year terms. It was decided that Duane Bannock and John Williams.serve the first year on the Challenger Board of Directors. Councilman Smalley volunteered to be an alternate. There were no objections. D-7d. Kenai Visitors i Convention Bureau Board Councilman Bookey reported the next meeting of the Board was scheduled for October at 8:30 a.m. Williams reported he and Kim Booth attended an economic development conference in Anchorage which was offered through the municipality. He attended economic development programs and Booth attended tourism programs. public Health Nurse - Williams reported he attended a meeting with employees of the Kenai Health Center and Alfreda Nord, Chief of Nursing (for DHSS) and Mr. Nakamura, Assistant to the Commissioner. JoAnn Hagen, the Kenai Health Center -manager made a presentation to Nord and Nakamura emphasizing the lack of sufficient space, conditions, etc. They discussed the history of the city/health center relationship, as well as possibilities for, the future. Williams added, it seemed important to Nakamura that the social service programs be housed in one -place. A chronology is being developed, as well as comparables of site and costs to relocate the health center and its other services to one -sites - Williams also noted the liability of the service being where it is now, i.e. one entrance, kids on the stairway, etc. He added,. it was no longer appropriate for the Health Center to be in that area. E-1. Regular Meeting of September 188, 1996. Approved.by consent agenda. •KBNAI CITY COUNCIL MEETING MINUTES OCl!OSBR 2 v 1996 PAGE ]8 B-2. 9/16/96 Kenai City Council/planning 6 Zoning QOmmiseioa Joint work session Motes.. Approved by consent agenda. 2-3. Correction to Kenai City Council Noeting Minutes of July 17, 1994. Approved by consent agenda. ITB None. 6-1 None. H-1. Bills to be laid, 91110 to be Ratifted MOTIONS Councilman Smalley MOVED to pay the.bills and Councilwoman Swarner ssCONDRD the motion. There were - no objections. 80 ORDiRRND. S-2. lurchase Orders Exceeding $20500 LOTIONS Councilman Smalley MOVED to pay the purchase orders over $2,500 and Councilwoman swarner SECONDED the motion. Councilman Bannock asked for information about the snow plow on the list. He thought the cost was high. Kornelis explained the water/sewer pick-up purchased last year did now include a snow plow. It was thought another plow already.owned by the city would fit the new pick-up,_but"it-didn!t. The plow was then placed on.another pick-up..' The purchae order would buy a plow for the new (purchased last year) water/sewer pick-up. Price of . the plow was discussed. r •KENAI CITY OCTOBER 2, PAGE 19 • COUNCIL MEETING MINUTES 1996 Swarner asked from what department the purchase would be made. Kornelis answered water/sewer. Swarner asked if it was bid. Kornelis answered no. Bookey asked if the old plow was bein placed on another water/sewer truck. Kornelis stated he dtdrgiIt remember. However, he explained moving a piece of equipment from one department/fund to another was not new. council decide if the cost was a Williams suggested the equipment. PProPriate for the purchase of MOTION: Councilwoman Swarner MOVED to delete the purchase order to Truckwell from the list at this time until more information was received. MOTION DIED/LACX OE SECOND. Smalley stated he would support the purchase if he thought the price was appropriate for the type of blade being asked on what departmentes equipment would the blde be placedxe and if there would be a credit to the department from where it was taken. Kornelis explained the blade was being purchased from the water/sewer department budget. Acting Finance Director Feltman explained equipment was not purchased from one department to another. The City has a fixed asset list and if a piece of' equipment was transferred to another department, it'was shown o the list. n VOTE: Moore: Yes Smalley: Yes Swarner: No MOTION PA88ED. Measles: Yes Williams: Yes Bannock: Yes 800key: yes 31'30 Ordir.auoo No. 1721.96 - Amending the Kenai Municipal Code by Amending KMC 23.25.060(e) to Bring it in Conformity With AS 23.05.080 Regarding Employer Record Keeping of Hours Worked by Exempt Employees. Introduced by consent agenda. R-4. DisoassiOD - Kenai River Habitat Restoration and Restoration Enhancement Project/South Side of Kenai River Mouth. Kornelis referred to his memorandum included in the packet in which he reported he received a letter from the Department P of • • �J KENAI CITY OCTOBER 2, PAGE 20 COUNCIL MEETING MINUTES 1996 Fish & Game soliciting projects for the Kenai River Habitat Restoration and Restoration Enhancement Project. He added, this was from where the city had received grant funding for the stairway and boardwalks on the north side of the river. Fish & Game suggested the city submit a proposal to provide better access for dipnet fishermen on the south side of the river mouth, i.e. extending Cannery Road to a new parking lot for two - wheel drive vehicles. From there, there would be better 4x4 access to the beach. Kornelis asked if council would be interested in submitting the paperwork for such a project. Williams asked where the parking lot and road extension would be. An at ease of about two minutes was taken to review maps. Kornelis noted permits would be needed to extend Cannery Road and he pointed to a high area (at the end of the proposed Cannery Road extension) where a parking lot could be placed. Bannock stated he thought that would be too far from the beach for one to walk, i.e. approximately 1/2 mile. He thought it would cost a lot of money to serve few people. It wouldn't save on foot traffic as it was too far. He added, he still believed extending Cetacea Drive would be better. Williams noted, the intent was to keep people from entering the beach in front of private properties along the beach. He added, the State is forcing the amount of dipnet fishermen into the area. This would be a way to ease the tension and the state wanted to pay for it. Swarner asked the cost estimate for the road. Kornelis stated he didn•t have that information formulated as he was just asking_if_ council had interest in doing such a project. Swarner stated she thought it was a good project that would keep people off the beach, but it would depend on the cost. Williams stated the State would determine whether it was a good project and if the cost was within the amount to be appropriated. If the State cut the amount of funding, it would be councilfs decision whether to add to the funding and go forward with the project. Ross asked Kornelis if a cost estimate could be done in-house. Kornelis answered yes and could be done for the next council meeting.. Measles suggested the information be presented to the Harbor Commission as well and then brought to council for consideration. KENAI CITY OCTOBER 2, PAGE 21 MOTION$ COUNCIL MEETING MINUTES 1996 Councilman Measles MOVED to table the discussion until the next council meeting. Councilman Smalley SECONDED the motion and requested UNANIMOUS CON8ENT. There were no objections. 80 ORDERED., Kornelis was requested to forward cost estimate information to the Harbor Commission and then to council for the October 16 meeting for consideration. R-5. Discussion - November Meeting Calendar - AML Conference/Scheduling of Student Government Day. Williams referred to the information included in the packet in which Clerk Freas noted the AML Conference would be held during the week of November 20, which was a scheduled council meeting date. Freas also asked when council wanted to set Student Government Day. Council reviewed the information and decided it would be better to move the council meeting to November 13 than to keep the meeting date on the 20th, knowing there was a chance there would not be a quorum. MOTION: Councilman Measles MOVED to move the council meeting of November 20 to November 13. Councilman Smalley SECONDED the motion. - There were no objections. 80 ORDERED. Council agreed to hold Student Government Day on November 13 and requested Freas to notify the KCHS government teachers, as well as Planning.& Zoning so that an alternate location could be found for their regularly scheduled meeting of November 13. (The Library Conference Room was suggested.) E$ECUTtVE NS0ION - City Attorney Evaluation and Inlet Woods Litigation. MOTION: Councilman Smalley MOVED that the City Council of the City of Kenai move into executive session to discuss the matter of which would have an impact on the finances of the city and personnel and asked that the city attorney be present and perhaps the city •xExAi CITY ocToaEx a, PACE as COUNCIL MEETING MINUTES 1996 manager be present for the discussion of the litigation portion. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. Williams requested the first portion of the session be to discuss the litigation and the second portion the evaluation. EXECUTIVE 8898ION DRBAKs 9$39 P.M. BACK TO ORDERS 10$35 P*X, Councilman Measles reported during the executive session council discussed the following: 1. • Inlet Woods litigation: The attorney and Administration was instructed by council to proceed per the outline as given to council by the attorney. 2. Annual evabiation of city attorney: The council unanimously gave the attorney a good evaluation and. also agreed to a 2% pay increase, which was the same as given to all other cityemployees, retroactive to July 1, which was the same date the other employees received their increase. MOTION$ Councilman Smalley MOVED to increase the city attorneys salary and requested U MXKOUB CONSENT, Councilman Bookey BECONDED the motion. There were no objections. 80 ORDERED, 1788X- It ADMIN162RA ION REVORTO 1-1. Mayor a. RCAC Hoard - Williams noted he received a letter informing him that John Douglas' term on the Board was up for renewal. Williams asked if council had any concerns.or reservations in asking to renew Douglas' term or if they were interested in appointing someone else. Williams.added, he had not discussed the matter with Douglas and,.did not know what his answer would be. Williams asked if he should ask,Douglas if he wanted to have the appointment renewed. Council had.no objections. Williams asked council to give some thought to the position in case Douglas did not want to be renewed. b. Donkey Engine - Williams reported he requested the Public Works Department to talk with the contractor who.will be . RENAI CITY COUNCIL MEETING MINUTES OCTOSER 2, 1996 PAGE 23 • moving the pilings what he would charge to run the crane over to the cannery and pick up the donkey engine and boiler to move it to the city yard. C. Sale of Fairbanks Telephone Utility - Williams noted he was watching for the decision on whether the Fairbanks Telephone Utility would be sold. If, through the municipal election, it was decided to go against PTI, he, Reed and the city manager would talk with PTI in regard to moving their corporate headquarters back to Kenai. Williams added, he wanted to make sure council still was objective about trying to attract the phone company to move to Kenai if the chance arises with the same basic offer made before. d. population Determination/Department of Community i Regional Affairs - Referring to a letter included in the packet, stating the FY98 State Revenue Sharing and Municipal Assistance Population determination, Williams stated he would like to write a letter protesting their population count for the City of Kenai. He explained, he did not want to proof -protest it, but to issue a letter of protest. He added, it was hard to believe their population determination was set at 6,950, 56 less than the FY 96 determination, as there were 24 building permits for residences this year and 29 last year. Smalley agreed. Williams stated he would send records of building permits, etc. 1-2. City Manager a. 1984 Ambulance - Ross reported there was a 1984 ambulance that was taken out of service which actually belongs to the State of Alaska based on the conditions of the grant from which it was purchased. It was an EMS grant in which the State retained title if there was any value left in the vehicle. If the city discontinued using it as an ambulance, it was to be returned to the State unless it was given to another EMS provider. Ross added, the city received a letter from Ninilchik who was in great need of an ambulance. Southern EMS approved the transfer to Ninilchik if council agreed. Unless objections from council, Ross stated he would include a resolution on the next agenda to declare the ambulance surplus and donating it to the Village of Ninilchik. b. 1972 MACK Fire Engine - Ross also reported that while doing research on the 1984 ambulance, he found a 1972 MACK Fire KENAI CITY • OCTOBER 2, PAGE 24 COUNCIL MEETING MINUTES 1996 Engine was donated to the Fire.Training School for -which there was no record. The engine was still titled to the city.. He added, he would include a resolution on -the next -agenda to declare the fire engine surplus and donate it to Mining & Petroleum Training. He understood the engine was transferred with council concurrence, but no record of it could be found. C. Thompson Park Water i 86Ner - Ross reported there were eight residences still in violation of the required hook-up and those names would be forwarded to the city attorney. Ross added, he wanted council to know in the event council received complaints. d. Dipnot Impacts - Ross reported he would have the requested information as to costs to the city attributed to the dipnet fishery. e. Comprehensive Plan - The updates requested by council were completed. Ross added, Administrative Assistant Kebschull • and City Engineer La Shot suggested council and Commission members return their Comprehensive Plans to them. They would update them and then only those copies needed for hand-outs.for the next few years would be printed in order to save money, Then, either during this fiscal year or next, they suggested council request Borough funding made available to other communities, to do a professional plan. Ross added, at the October 16 meeting, an ordinance for adoption of the updated -Plan would be-included-for-Antroduction: f. citp Manager A►dvortising - Ross reported the advertisement had been sent to AML for inclusion in their next newsletter. There was no cost for it to be included in that publication. The International City Managers' Association ad would be published on October 28, November it and November 25. Ross added the Alaska Journal of Commerce rates were fairly high and they did not have a classified job section in the paper. A; spot advertisement could be purchased for $900. He recommended no advertisement be purchased from the Journal of Commerce. - Ross continued, the costs for publishing could stay within the Legislative Advertising budget if.advertisements were published in the ICMA ($360), 10 days in Peninsula Clarion and.14 days. in Mthe Anchorage Daily News or 25 days in the Clarion and 14 days in the News. If the advertisement was published the last week of • • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 2, 1996 PAGE 25 October and the first week of November in the Neva and the Clarion for 10 or 25 days, the cost would remain within the $2,000 budgeted for advertising. Council agreed to publish the advertisement for ten days in the Clarion and 14 days in the News. g. Finance Director Advertisement - Ross reported he had intended to wait until after the audit was completed so not to disrupt audit preparation, etc. The city's audit preparations were basically completed. He stated he intended to begin advertising for a Finance Director. Council's input was appreciated and encouraged. Ross explained he didn't think it should wait because it was not known when the city manager position would be filled. It would be difficult to start budget sessions with an interim, bring a city manager on board, and try to leave hiring of a finance director until then. Also, it would not be fair to Robin Feltman, who was filling the role and did not want the position. Ross stated Feltman had been doing an excellent job and in long discussions and in consideration of her comfort level, etc. she decided she did not want to apply. Feltman's technical competence was never an issue. Ross added, Feltman would help in preparing the advertisement. h. Sale of Haokhoe/Auction - Ross reported he was contacted by Mr. Courier who purchased the backhoe at the Gity'a-- auction. The equipment was running at the time of the sale,.but.. stopped running within three miles of the man's home. The minimum bid on the equipment was $6,000 and he paid $12,500. Courier felt he should have been told that, at the time it was last run, the backhoe overheated and shut down. Courier spoke with the mechanic, as did Ross, and the mechanic stated that if he had known the equipment overheated and shut down, he would not have allowed it to be driven away from the yard. Courier's position was he knew he bought it 'gas is, where is" but was asking for consideration of $1,500 to purchase the parts to repair the equipment. Ross explained he had no precedent to fall back on and told Courier he would bring his request to council. Swarner asked if the city received payment. Ross stated he did not know. Measles asked Graves if there was a problem for the city to do what Courier was requesting if he was not the only . •KENAI CITY OCTOBER 2, PADS 26 COUNCIL MEETING MINUTES 1996 bidder. If Courier was the highest bidder and the city now rebated him $1,500, would it create a problem if there was a lower bidder. Graves answered, it could, however he didn't know if the lower bidder would want the equipment. It would be like lowering a construction contract after the bids were opened. Bookey stated the sale was based on '$as is, where is. to If the city misrepresented the equipment somehow, it would be one thing. But if it was running and it went down, it was the problem of the buyer. Ross stated Courier felt he had been misrepresented. Measles stated he wouldn't have a problem helping Courier out if it was a negotiated sale, but it was a public auction, as is, where is, with no warranty. He added, he thought it would be opening a can of worms if they gave a $1,500 rebate. Ross reported that was what he told Courier, but also told him he would bring it to council for consideration. • i. Ashley Reed Contract - Ross stated he would agree to being the contact person for Reed, however the legislative session could fall within a transition period for him and the new city manager. Measles stated he didn't have a problem with it because the city manager would be the contact person for council and Reed. The city manager wouldnPt be giving direction that council had not given. Ross added, he would gladly do it, but wanted council to understand that if they receive 100% what he receives without any screening, it would be meant to make sure during the transition, nothing got lost. Council had no objections. Returning to the auction discussion, Smalley asked how much the city made from the auction. Ross answered he didn't have that information. Bannock asked on what Courier was basing the misrepresentation. Ross answered, he thought Courier had some discussion with the mechanic after he purchased the equipment. Courier felt he should have been told it overheated and shut down during its last job. Bannock asked if there were maintenance records available. Ross stated Courier talked with the mechanic, however the mechanic was not aware it had overheated and shut down, so did not give Courier that information. J. City Manager Title - Councilman Bannock stated he would like Ross to be referred to as the City Manager and not Interim • or Acting City Manager. Council agreed. • KENAI CITY OCTOBBR 2, PAGE 27 COUNCIL MEETING MINUTES 1996 Return to auction discussion. Swarner asked if there was a maintenance record on the seat of the equipment for the purchaser to review. If it was there, he would have had the opportunity to look at them prior to the purchase. Ross answered, from what he knew, it would not have revealed that because the mechanic stated to him that had he known, the equipment would not have been driven away. They would not knowingly sell as running, a piece of equipment that had ceased on the last job. Swarner suggested more information should be given to the auctioneer. Ross stated he thought the "as is, where is" was the information that needed to be given. Bookey stated he thought, in future auctions, neither department heads or employees should discuss equipment, etc. with potential purchasers. Ross stated he didn't think the mechanic did anything wrong as he felt bad he didn't know of the problem. If he had known, he wouldn't have allowed it to be driven away. 1-3. Attorney Attorney Graves requested council to sign off on the Board of Adjustment findings in regard to the appeal of Michael Christian. =-4. City Clerk Clerk Freas referred to a summary report received from the Borough after the Kenai precinct ballots had been counted. The final count for council positions and the library proposition were included. Freas reported there had been 35 ballots mailed. out for absentee -by -mail requests, however, only 15 were returned at that point. There were also 47 absentee ballots and four personal representative ballots voted at City Hall, 66 voted at the Borough and 26 questioned ballots voted at the polls. These ballots had not yet been counted. I-S. Finance Director No report. public Works Director No report. I-7. Airport Manager No report. KENAI CITY OCTOBER 2, PAGE 28 XT=J8 COUNCIL MEETING MINUTES 1996 J-1. Citizens Bob Peters - Congratulated Duane Bannock and Linda Swarner on their re-election to council and wished them good luck for the next three years. Peters also stated he appreciated Councilman Moore and Councilwoman Swarner on taking a stand in supporting the library proposition. Peters referred to Bannock's request to call Rick Ross city manager and suggested Ross be called the city manager. Peters added, he had heard remarks from several people in Kenai who, during the last month had business at city hall, and had told him it was a pleasure to do business with Ross. Peters asked if it was appropriate for citizens to make comments or ask questions of Ashley Reed during his visits to council • meetings. Williams answered it was always appropriate, however requests to speak to Reed should be made through the chair. Peters suggested the city could have made a deal with Reed to pay him six percent of the action when lobbying for project funding for the city. Williams informed Peters it was against the law for a lobbyist to take a commission based on the amount of money perceived to be representative of what he may have been responsible for project funding. - Peters referred to the amount of absentee and questioned ballots to be counted. Freas explained those ballots would be counted.by the canvassing board on Tuesday, October 8 at 10:00 a.m. Peters asked if that meant the vote count could change. Bannock noted that was why the election would not be certified until the neat council meeting. Peters asked if the number of signatures on a petition was 25% of the vote taken at an election. Freas answered it was signatures equalling 25% of the vote at the previous election, which would be the October 1, 1996 election. Williams noted there was a question of whether people from the community could force an appropriation issue through a bond. Graves referred to the Charter and read from Section 6-1, "The City shall have power to borrow money and to issue its general obligation bonds or other such evidences of '10 KENAI CITY OCTOBER 2, PAGE 29 COUNCIL MEETING MINUTES 1996 indebtedness therefor, but only when authorized for capital improvements by the council and ratified at an election by a majority of those qualified to vote and voting on the question..." Graves added, the council would have to authorize it initially and then it could be placed on a ballot. Peters suggested that then, if a citizen would present petitions to the council, council would have to be influenced. Williams stated he would like to have that explored some more as there were some issues that could be brought forward with an initiative. He asked if, somewhere else in the code, it stated the citizenry could come forth with an issue for bonding based on signatures. Graves ,answered, he was not familiar with any other area of the code speaking to that. He added, under the Initiative section of the Charter, it stated voters could not make appropriations by initiative. Williams noted that Roger Meeks, a few years prior, had brought a petition forward that would limit the council from appropriating money from the capital improvement fund in an amount no more than $500,000. Williams asked if that was not causing an appropriation? Graves answered, no, it was limiting the council's power to appropriate money out of a particular fund. Peters reported there was a rumor around town that there was a private corporation interested in building a membership -only library in the community. J-2. Council Hookey - Congratulated Swarner and Bannock. Sparser - a. Requested Administration to come back with a plan and include finances for clearing of bike paths during the winter along the Spur Highway from Carrs toward the schools. Ross answered he would find out if the city could or should do such clearing as the paths were on the state right-of-ways. b. Swarner also asked to have the Planning & zoning Commission review the building code, which the city adopted, and do what was necessary to have it agree with the city ordinances (or visa versa) in regard to cabins. She added, she understood the cabins were not listed either in the ordinances or the building code. Graves explained the Use Table (in the code) included a listing for cabin rentals, but no definition was included, i.e. monthly rental, nightly rental, weekly rental. •KENAI CITY OCTOBER 21 PAGE 30 • • COUNCIL MEETING MINUTES 1996 Swarner also suggested that if there was no minimum size for a dwelling, it should also be reviewed. . Moore - No report. Measles - No report. Bannock - No report. Smalley - Welcomed back Swarner and Bannock. Smalley also reported he, Williams, Swarner and Bannock participated in Voter Education Day at the high school and it was very interesting. He encouraged the students to come to the council meeting because they were truly interested in what was going on in their city. Williams - a. Referred to Information No. 9, a letter from Kornelis to FAA in regard to surplus buildings the city was interested in acquiring. Kornelis had a side note on the letter asking if the letter and buildings to which it referred were what council was wanting (Buildings 300 and 417). Ross stated the main issue was whether the council would want the double -wide trailer. Discussion followed as to how the building would be used. Ross noted, Kornelis had suggested it could be used for record storage* Ross added, it had been reported the roof had fallen in from snow load in the past. He did not recommend the city get the double. wide trailer. Bookey agreed, noting there could be a problem with fire, etc. If records were to be stored in a building, it should be fire safe. Ross stated the letter would be sent stating the city was only interested in the shop. The acquisition of the building would be discussed at budget time in regard to costs to move it and set it up. b. Williams referred to Information Item No. 10, minutes of the Peninsula Municipal Coalition Tourism Enhancement Committee which were added at the beginning of the meeting. Williams referred to the third paragraph of the "Game Plane in which it stated each community would be asked to contribute $5,000 as a grant to the EDD to gather information and develop a map which would feature area attractions. Williams noted the item would probably be formally presented to council, and council needed to ask itself, when the request came to them, would council want to give the $5,000. Answers from Bookey, Measles, Smalley, and Swarner was no. c. Smalley reported it was Homecoming Week they were looking for persons to judge the floats. Homecoming Parade was scheduled for Friday at 6:00 at KCHS and Also the p.m. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 2, 1996 PAGE 31 d. Williams reported Alyeska Alloys would be making a presentation of their plan to the community at the EDD office at 3:30 p.m. on Thursday. The meeting adjourned at approximately 11:24 p.m. Minutes transcribed and submitted by: IjTRpV&p BY COU"CIL ea,6& 4V&44t�o DAYS gly