HomeMy WebLinkAbout1995-02-01 Council MinutesKBNAI CITY COUNCIL - REGULAR NEIVINa
VNBRUARY 1, 1995
7:00 PeNe
KENAI CITY COUNCIL CRA1L8XR8
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. 8CH8DULBD PUBLIC CO tN= (10 Minutes)
1. Representative - Kenai Bible Church/Possible Land
Trade/Purchase.
2. Assembly President Boalsi and Assemblywoman Betty clink
- Kenai Peninsula Borough overlay District Ordinance.
C. PUBLIC HLARINas
1. ordinance No. 1623-95 - Amending KMC 7.15.030 and
7.15.080(a) to Increase the Level at Which the City
Administration Can Make Purchases Without specific
Council Approval From $1,000 to $2,500,
2. *1995 dames of chance and Contests of gkill Permit
Application - our Lady of the Angels Church.
3. *1995 Games of chance and Contests of Skill Permit
Application - Kenai Arts & Humanities Council.
4. *1995 Liquor License Renewal Application - Pizza
Paradisos - Beverage Dispensary.
0 1. Council on Aging
2. Airport Commission
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3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission'
6. Planning & Zoning Commission
7, Miscellaneous Commissions and Committees
a*- NXNUTNB
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a.
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1. *Regular Meeting of January 18, 1995.
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $1,000
3. *Oraiaanae No. 1627-95 - Increasing Estimated Revenues
and Appropriations by $270 in the Council on Aging
Title III Fund.
4. Discussion - Kenai Tidelands/Shore Fishery Leases,
5. Discussion - The Challenger Center,
6. Discussion - OSHA Safety Inspection Update.
i.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
Finance Director
6.
Public Works Director
7.
Airport Manager
1. Citizens
2. Council
( f ive minutes)
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KENAI CITY COUNCIL — REGULAR MEETING
FEBRUARY i, 1995
700 P.M.
XENIX CITY COUNCIL CM MBER6
MAYOR JOHN J, WILLIAM6, PRE6IDINa
Mayor Williams called the meeting to order at approximately 703
p.m. in the Council Chambers in the Kenai City Hall Building.
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2a
Roll was taken by the City Clerk. Present were: Monfor,
Measles, Bannock, Smalley, Williams, Bookey and Swarner.
A-5.
Mayor Williams requested the following changes to the agenda:
REMOVE: B-10 Kenai Bible Churob
REPLACE$ B-2, Replace draft XV9 .Oxdinaaoa No. 94-52 - Pages
were missing from copies included in the packet.'
ADD TO: B-2, 2/1/95 L.'Harvey memorandum regarding Mack &
Carol Padgett easement vacation (information
requested by Councilwoman Monfor at 1/18/95
meeting.)
ADD TO$ D-7, Sistoric District Board - Letter of
resignation from Board Menber Arness and
membership applications on file.
ADD TO$ R-5, Diseussion - The Challenger Center. Add
article from High Power Rocketry magazine
entitled, Alaska Space Academy, Rocketry .in the
"Last-Frontier.0
ADD TO$ 1-2, City Manager's Report - Report on the.Kenai
Peninsula Borough EDD's Annual meeting of January
26, 1995.�
ADD 181 Information Iten No. 14 - 1 / 31 / 9 5 N . Bergt letter
regarding MarkAir financial update.
KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 2
XOTIONI
Councilman Smalley MOVED for approval. of the amended agenda and
requested MMUMOUB coxo=T. There ,were no objections. so
oRDn tXD.
-s.
Mayor Williams stated he had received a call from a
representative of the Our Lady of Angels Church. The person
informed Williams information was inadvertently omitted from
their 1995 Gashes of Chance and Contests of Skill application.
Williams requested to add $3,000 to box 6A and check the first
box on 6B of the application.
NOTIONS
Councilman Smalley MOVED for approval of the amended consent
agenda and Councilman Bookey 63CONDED the motion. There were no
objections. 8O ORD=1W*
A�prG®Oatative - Kenai Bible Church/Possible Land
Trade/Purchase.
Item removed from the agenda. TheeChurch► will speak to Council
at a later date when they have more property appraisal
information available.
e-Z• A8962bly President Scalzi and Assemblywoman Betty Glick
Kenai Peninsula Borough overlay District ordinance..
Dotty Glick - Glick introduced Kenai Peninsula Assembly President
Drew Scalzi and stated he wanted to speak to Council regarding
the new draft of the overlay district ordinance. Glick added the
request for speaking to Council was 'yin the works" prior to Mayor
Williams latest letter to the Assembly. opposing the overlay
ordinance. At that time, the Mayors letter had not yet been
discussed by the Assembly as a whole. It will.be discussed at
the February 9 meeting.
Dr" 8aalsi - Scalzi began by stating he believed there was a
misunderstanding (by,Councfl) of what the Assembly was doing with
the ordinance. When the ordinance was introduced, he issued a
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KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 3
memorandum stating what he wanted to do with the ordinance. At
the end of the memorandum, it stated if the ordinance was passed
a special committee would be set to be made up of members of the
Borough Planning Commission, the Borough Planning Department, and
different regulatory groups. The memorandum mistakenly left out
the inclusion of representatives from the municipalities who
would also be part of the committee.
They were trying to accomplish two stages for the ordinance, the
first was the drafting of the ordinance by the Assembly, with
suggestions, etc. from affected groups and governments. Scalzi
stated he believed the misunderstanding occurred after that. The
municipalities were asked to submit written and oral testimony of
what they liked and disliked about the ordinance. The City of
Soldotna has made recommendations to that end. The City of Kenai
has requested to be excluded from the overlay district. The
ordinance is being modified at this time. The Assembly would
still like to know what the City likes and does not like about
the ordinance. Scalzi explained this is not a concession to
exclude the City from the district.
Scalzi referred to the Mayor's last letter where he aid the
Assembly first explained the ordinance would be a shell however,
the ordinance is now being writing with regulations included. It
is a still a two -stage project. They will be leaving the
regulations up to the Planning Commission and Department. A
committee will be putting out the regulations. The regulations
will be the "nuts and bolts" of the ordinance. Scalzi encouraged
the City to participate and hoped they would also follow the work
of the Assembly on the ordinance.
Councilwoman Swarner thanked Scalzi for coming to the City's
meeting. Swarner asked for a definition of "routine maintenance"
as discussed on page 4 of the ordinance. Scalzi stated it would
be lawn cutting, etc. If a clarification is needed, it will be
put in the regulations.
Councilwoman Monfor referred to the information added to the
agenda from the City's Planning Department. The information was
a listing of all the steps that were needed by Mack and Carol
Padgett to receive a vacation of easement on this property. The
Borough approved it right away. The City did not due to its
desire to be sure that the River was protected. Monfor added
this is why the City does not want to become a part of the
ordinance as it already has regulations included in its code that,
work.
KENAI CITY
February 1,
Page 4
COUNCIL MEETING MINUTES
1995
Williams explained there has been a lot of discussion that the
City does not protect the River, etc. The Padgett request went
through 15 separate meetings before the vacation of the easement
was granted. This indicates the City is careful with approval of
permits. Those projects for which the City applied to develop
portions of the river were well thought out and planned and they
projects the City completed were approved by all the regulatory
groups involved. The City has always been interested in what is
going on with the River.
Scalzi stated he believed the Padgett permitting was a good
example of what they hope to accomplish with the ordinance. This
would be to simplify the manner in which permits are received:
Like one -stop shopping. Scalzi added the Assembly was not saying
anything adverse about the City of Kenai.
Smalley stated the Kenai Planning & Zoning Commission, as a
continuing effort of the Commission, will be reviewing the City's
zoning ordinances, etc.
Williams referred to a letter Council received from Mr.
Knackstedt in which the ordinance was gone through paragraph by
paragraph and remarks and questions were listed in regard to the
regulations included in the ordinance. There were 26 rules
prohibiting use, 23 permitted items, and eight items not needing
permits. Williams stated he could not recall reading an
ordinance that was drafted at such length to delineate so many
different items. The ordinance is no longer a shell. The
ordinance states that a person can be fined up to $1,000 per -
violation per day, etc. Williams asked if there has been a
fiscal note showing the cost to the Borough to police the
ordinance. If litigation occurs from violations of the
ordinance, it may be very expensive. How does the Borough
propose to pay for the litigation if the Borough is already
against the tax cap? Will they ask to have the tax cap raised?
Williams also reminded the Assembly members present that the
zoning powers were given to the City from the Borough some years
past. It would look bad if the Borough would take the powers
back. It is also a concern of Council for the Borough to impose
this ordinance on the City when it feels it is doing an adequate
Job already.
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KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 5
Scalzi stated Williams' comments about the restrictions and
questions of funding were an excellent start for bettering the
ordinance. He did not believe the Assembly would issue an
ordinance without knowing the fiscal note.
Williams questioned the 01200 ft." limit for wastewater treatment
plants and asked if the City of Soldotna would meet that
requirement. Scalzi stated they intend to grandfather existing
developments. Williams handed a copy of the Knackstedt letter to
Glick and Scalzi, along with a copy of the memorandum regarding
the Padgett easement vacation.
Betty Glick - Encouraged the City's participation in development
of the ordinance. Glick added, for the record, that she'was
aware City Engineer Jack La Shot has attended work sessions, etc.
Also other members of the Planning Commission and Council. Glick
asked for Council to attend meetings and keep abreast of the
development of the ordinance. Please make comments. Glick
reported the next Assembly meeting will be held on February 7.
At their last meeting, the Assembly started to work through the
ordinance. The original 600 ft. included in the ordinance has
now been set at 400 ft. and could possibly be go smaller. Glick
stated she hoped the City would keep the line of communication
open.
Williams referred to a Daly News article which informed the
public fishing would be halted in the Susitna River, etc. The
article instructed people wanting to fish to fish the Kenai
River. The people are encouraged to come to the Kenai and that
will enhance the economic growth. Williams added it is the users
of the River who are ruining the river, along with Mother Nature..
Glick reported a meeting will be held on the overlay ordinance on
Monday, February 6 at 7:00 p.m. at the Borough Building. The
Assembly will have their next regular meeting on February 7.
C-1. Ordinance No. 162S-95 - Amending KMC 7.15.030 and
7.15.080(a) to Increase the Level at Which the City
Administration Can Make Purchases Without Specific
Council Approval From $1,000 to $2,500.
KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 6
MOTION:
Councilman Measles MOVED for adoption of Ordinance.No. 1625-95
and Councilman Smalley sECONDED the motion.
There were no public comments. Williams explained to those in
the audience that years ago the City found.itself in debt. The
Council took over the entire expenditure of money and put limits
on purchases. About ten years ago, Council set a limit, at which
time the Council would need to approve the expenditures, at
$1,0much
a. With Raisinhe g of theilimitiwillgallow$purchasing000 nto run as
much anymore. g
more efficiently.
There were no council comments.
VOTE:
Monfor: Yes Measles: Yes Bannock: Yes
Smalley: Yes Williams: Yes Bookey:, Yes
Swarner: Yes
LOTION PABSED UNANIMOUSLY.
C-2 . 1905 dames of chance and Contests of shill Serait
Application - Our Lady of'the Angels Church..
Approved by consent agenda.
C-3. 1995 dames of chance and Contests of skill Permit
Application - Kenai Arts & Humanities Council.
Approved by consent agenda.
C-4. 1995 Liquor License ke 6val Application - Pizza
Paradisos - Beverage Dispensary.
Approved by consent agenda.
�oM�teear�x«M�=�Ts�_ Napo �8
D-i.
Council on Aging
KENAI CITY
February 1,
Page 7
COUNCIL MEETING MINUTES
1995
Breeden was present in the audience if Council had any questions..
Breeden reported the Council unanimously approved the removal of
persons on the waiting list for.Vintage Pointe if they had.not
notified Director Porter they wished to remain on the list.
D-a a Airport Commission
Councilman Measles reported the Commission will meet next on
February 9, 1995.
D-3. Rarbor Commission
Councilman Bookey reported the Commission will meet next on
Monday, February 6.
D-4. Library Commission
Councilwoman Monfor reported the Library's February calendar was
distributed to Council at the beginning of the meeting. The next
monthly meeting will be Tuesday, February 7 at 7:30 in -the
Library conference room.
parks i Recreation Commission
Councilman Bannock reported the next scheduled meeting date is
February 2, 1995.
Planning ` Soning Commission
Councilman Smalley reported the minutes from the last two
meetings were included in the packet. Smalley reviewed actions
taken by the Commission at their January 25, 1995 meeting:
a. Thompson Park Rezone. -'Comments, -had been taken for
several meetings in regard to'a possible rezone. Most comments
were that property owners wished to keep large lots and did not
want multiple housing allowed. -PAZ defeated the resolution.
Zoning will remain as RR in that area. RS-1 was discussed
because it requires large lot sizes, however the Commission did
not change the zone due to.property owners' comments. Smalley
added he believed the RR zone_aliowed four-plexee.
b. The next regular meeting of the Commission"Vill meetinn
the library conference room due to the Special Council Meeting
being held in the Chambers.
KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 8
c. Commissioners Glick, Bryson and Walker will work with
the Council in regard to the Borough's overlay ordinance. They
would like to be kept informed, i.e. anything Council does will
go to them.
D-7. Miscellaneous Commissions and Committees
a. Historic District Board - Councilman Bannock reported
he attend the last meeting of the Board. Bannock reported:
1. Bill Toppa agreed to be the Planning & Zoning
Commission ad hoc member to the HDB.
2. The Board discussed the placing the Daubenspeck
property into the Historic District Zone as it is the site of the
original village, Ski'tuk. The Board would like to develop that
area as an interpretative site. Rose Ann Murphy, a Board member,
was in the audience. Murphy added Board Member Boraas has
volunteered to develop the interpretative site, making signs,
etc. to explain the area for people visiting the area.
Williams asked if the Board talked about surveying the property
or archeological digs in that area as the property has been
discussed for future development, i.e. a convention center.
Williams suggested it may be a good idea to investigate the
property more fully for future development. Smalley suggested
the Board, after their investigation, bring the information
forward to the Planning & Zoning Commission,
Councilman Smalley asked if the Board was asking to rezone all of
the Daubenspeck property or just the corner. Bannock stated he
did not know, but he will bring the information back to the
Planning & Zoning Commission.
3. Councilman Bannock stated he would attend the next
two meetings of the Beard as Councilman Bookey will be out of the
area.
Return to D-Gs planning i Zoning Commission:
Smalley referred to the memorandum included in the packet
requesting Council's permission for P&Z Commission member Teresa
Werner-Quade to attend a P&Z seminar in Anchorage. Williams
stated he believed at least one of the Commissioners should
attend. Smalley suggested City Engineer La Shot may also want -to
attend.
isClerk Freas stated t • he memorandum discussed using Legislative
funds for the travel because the P&Z Commission no longer had
KENAI CITY
February 1,
Page 9
COUNCIL MEETING MINUTES
1995
funding available to pay for the travel. If allowed, the funds
would be transferred from the Legislative account to Planning &
Zoning.
MOTIONs
Councilman Smalley MOVED to take funds out of the Legislative
accounts and take care of the expenses.to send Teresa Werner-
Quade to the conference. Councilman Bookey BECONDED the motion.
Councilman Measles objected to the motion. Williams asked if
there were other objections. Williams noted there were none.
Williams declared MOTION PA88$D.
Return to D-7, Nistoria Dietriot Boards
Williams noted the letter of resignation from Board Member Arness
which was added to the agenda at the beginning of the meeting.
to Council reviewed applications on file which were attached to the
letter of resignation. Williams noted the chair opened with the
resignation of Arness was an "out-of-town" seat. Williams
recommended the placement of James Malanaphy to the Board, taking
the out-of-town seat. There were no objections from Council.
Williams recommended Kim Booth to fill the Board seat made
available from the movement of Karen Mahurin to the Planning &
Zoning Commission. There were no objections from Council,
BREAK TAKENs 8200 p.m.
RETURN TO ORDER: 8s10 p,z,
Regular Meeting of January Is, 1995.
Approved by consent agenda.
None.
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KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 10
None.
Hills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED to pay the bills and Councilwoman
Swarner SECONDED the motion. There were no objections. 80
ORDERED.
Purchase orders Exceeding $1,000
MOTION:
Councilman Smalley MOVBD for approval of the purchase orders
exceeding $1,000 and Councilman Bookey SECONDED the :notion.
Councilman Smalley questioned the purchase orders to the
different appraisers. Administrative Assistant Howard explained
the Alaska Certified Appraisal is for the lease.renegotiation of
the Dairy Queen, i.e. commercial building, including furniture
and fixtures.
Peninsula Appraisal Group, Inc. is for the.property to be -
used -for the assisted living facility. The appraisal is for the lease
application. It is Airport Land and required by FAA. There will
be more detail than raw property.
Alaska valuation Services, Inc. document will include appraisals
for 12 lots up for renegotiation. Howard added she received
additional quotes and these were the best.
vows:
There were no objections to the motion. 80 ORDERED.
$-3. Ordinance No. 1627-95 - Increasing.Estimated Revisnues
and Appropriations by $270 in the Council on Aging
Title III Wund.
Approved by consent agenda.
KENAI CITY
February 1,
Page 11
COUNCIL MEETING MINUTES
1995
8-4. DisousBLOR - Kenai Tidelands/Shore Fishery Leases,
Councilwoman Monfor recommended, with consensus of Council, to
make changes to the code in regard to the shore fishery leases.
Monfor reported the State charges $300 for a shore fishery lease.
She suggested the Council adjust the cost of the leases in the
City to the same cost of the State and ascend KMC 11.20.130.
Monfor added it is very difficult to appraise the value of a
shore fishery lease: A shore fishery lease is used only eight
weeks out of the year and because of subsistence fishing, there
are certain days subsistence fishermen can use the site and the
lessee cannot; the appraised value fluctuates with the market
value of the fish or whether there are fish in the Inlet.
Monfor stated she felt it was a fair assessment to charge the
same as the State for the leases and if the Code is cleaned up,
there wouldn't be problems.
Councilman Smalley stated he concurred with Monfor's assessment.
Smalley asked how long it would take to amend the Code. Attorney
Graves answered he could have an ordinance introduced at the next
meeting and approval could be at the following meeting if Council
agreed this is what they want.
NOTIONS
Councilwoman Monfor MOVED to raise the shore fishery lease rate
to_$300 and not do appraisals on them. Councilman Smalley
BECONDBD the motion.
Williams referred to the request to extend the boundaries of the
leases to the city limits. Williams suggested they make it
possible for the holder of the lease to have a survey made.
After the survey is completed, it should be brought to Council
for review and possible amendment of the lease to include the new
portion. Extending the boundaries would eliminate the
possibility of someone Coming in from the west side and
encroaching on City lands without payment for the use of the land
to the City.
Smalley asked if any fishermen have an actual survey of their
shore fishery leases. Frank Canady answered he would speak for
himself and the leases around his as they were relatives. Canady
stated extension of the leases was not a big concern. The sites
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KENAI CITY
February 1,
Page 12
COUNCIL MEETING MINUTES
1995
leased outside are State leases and there is not room in any of
them to put a net between. There are certain times of the year.
when drifters try to set their nets, however.
Candy continued, what Monfor stated was his exact feeling. He
spoke with the others he was representing and they feel this
would be fair and equitable for them. Canady added if the State
raises their lease rate, the City should also.
Williams added if Canady (and others) want to have their leases
extended to the city limits, they will have their sites surveyed
at their cost. Canady stated yes.
Vegas
There were no objections to the motion. 80 ORDERED.
8-5. Discussion - The Challenger Center.
Williams referred to the Alaska Space Rocketry article which was
distributed at the beginning of the meeting. Williame.gave.an
update of his discussions in Juneau with legislators in regard to
the placement of a Center in Kenai. At some time in the future,
Council will have to decide whether to go ahead with such a
project. At this time it looks like there will be a $21 million
grant.to the Alaska Aerospace Development Corporation.. From that
grant, $1 million would be granted back to furnish the facility
with the equipment. Many of the legislators had ideas of -how to
fund the project without going into the legislative budget.
Councilman Bookey reported he and Mayor Williams discussed the
project with a number of legislators, including Senator Zharoff.
They received no negative feedback. They all want the City .to
continue with the planning. Bookey added it is too early to tell
what the outcome will be, but he feels it is a very viable .
project to work toward. There have not been any negative aspects
addressed yet.
Williams added there is always the possibility that no funding
will be available, etc. They will need a non-profit organisation
to run the facility. There will be lots of planning.to set up,
the project. If it is possible to go ahead with the building of
the Center, it will be a worthwhile project. With Internet,
Williams envisioned the connection of the 38 schools in the Kenai
Peninsula Borough, as well as other schools throughout the state
with the ability to use the facility for.interactive learning..
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KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 13
Williams requested approval from Council to hold a reception in
Juneau on March 28. Williams reported the cost of the reception
would be divided between the boroughs of Kodiak, Kenai Peninsula
and Fairbanks North Star and the cities of Kenai, Fairbanks and
Kodiak. The cost of the reception would be approximately $2,400
(to be divided). The reception would be to present legislators,
etc. with information about the Center. Williams planned to show
videos about the Center and the City of Kenai during the
reception.
Williams requested permission to spend approximately $500 (the
City's share) on the reception. Swarner stated she thought it
important that other city council members, Administration
personnel, etc. attend the reception if possible. Williams noted
that Councilwoman Swarner (a member of the AML Legislative
Committee), Councilman Bookey (a member of the AML Board of
Directors) and he will be in Juneau during that week to attend
AML and Alaska Conference of Mayors meetings. City Manager.
Manninen will also be in Juneau as a member of the AML
Legislative Committee. Williams added if other councilmembers
wished to attend, they should inform the Clerk.
Williams also reported he would have two Challenger Center tapes
duplicated to send to legislators and other interested parties.
Cost for duplicating the tapes would be approximately $900.
There were no objections from Council for either the duplicating
costs of the tapes or the cost for the reception.
B-6. Discussion - OSHA Safety Inspection Update.
Kornelis referred to the memorandum included in the packet which
listed problem areas found by the OSHA inspector. Kornelis
stated most of the problems listed have been corrected. The
remaining problems will be taken care of very shortly. Some of
the higher -cost problems will require council approval of funding
transfers, purchase orders over $1,000, etc. Kornelis stated the
memorandum was mostly for Council's information.
Bookey referred to the second violation listed which stated there
was no site -specific safety plan in every department. Bookey
stated safety plans have been discussed for about eight -to ten
months. He was surprised the City would go into a voluntary
inspection without having the safety plans in place. Kornelis
stated there is an overall safety plan in place. What OSHA was
referring to was a sub -part of it that says certain areas have
• KENAI CITY
February 1,
Page 14
COUNCIL MEETING MINUTES
1995
certain problems. Bookey stated he had mentioned that about four
months ago and asked to make sure it was site specific and they
were being prepared. If the inspection had not been voluntary,'
the City could have some problems. He was surprised by some of
the violations, like the frayed cord, etci which should have been
corrected long before this inspection. Bookey.stated. he would
like to know where the City went wrong.
Kornelis stated he had no comment other than that is why he
requested a voluntary inspection be made. It was OSHA's opinion
that the City did very well. He did not know where the amounts
came from which the Engineering Technician had in the memorandum.
Kornelis stated he thought the violations found were relatively
minor in comparison to some of the larger items that have been
cited in larger facilities.
City Manager Manninen stated the value Hof violations) noted in
the memorandum, was the maximum potential fines.if everything.
applied to the OSHA authority. Because this was a voluntary
inspection, no payment in fines would have to be paid to OSHA at
this time. The reason he did the cover memorandum, was because
the four items listed on it would cost more.than.$1,000 to
correct and would need Council approval for the purchases of
materials, etc. to make the corrections. Manninen added he did
not agree with Kornelis. Those items on his memorandum would .
require some kind of action from the Council basically because
the OSHA inspector told them the items would need to be corrected
within 30 days of their written report of the inspection. To
show good faith, Manninen asked Council to consider authorizing
spending up to the amounts listed if necessary, to correct the
four major items. As was discussed in the staff meeting, the
department heads will be correcting all the minor items, i.e.
frayed electrical cords, GFI's, etc. Those costs for corrections
would come from those departments' operating budgets.
Manninen added Administration shared Council's concerns and in
order to move ahead and correct the problems, .sometimes it's good
to have a third party to come and do an inspection.
MOTION:
Councilman Smalley MOVBD to make the necessary or take the
necessary steps to rectify the problems, because even if.they
would come to that figure, $17,105 is a:lot better than $406,000.
Also, the money be appropriated from the.different areas of the
KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 15
budget document, or wherever it can be found, to repair these
problems to meet the inspection standards. Councilwoman Monfor
BECONDED the motion.
Williams stated the motion, as henderstood it, was for
uppropriate
Administration to move quickly to the necessary
funding to take care of the matters. Manninen added he would
like the Council to appropriate funds to do the four large items
so that staff can go forward in correcting the problems.
Williams stated he believed Councilman Smalley wanted
Administration to bring the appropriate documentation forward to
the next regular meeting for action. Smalley concurred.
Kornelis stated the four items listed on Manninen's memorandum
and a good portion of the other violations listed are items that
have been in existence long before the last OSHA inspection.
About three or four years ago, there were two OSHA compliance
inspections made. The City complied with every item that was
listed by those OSHA inspections. Their intention is to make all
of the corrections, but he wanted to point out that a lot of the'
items listed are the same as those in the past.
Williams questioned Planning & Zoning Commissioner Carl Glick who
was in the audience. Williams asked how many violations were
found on the pipeline. Glick answered thousands.
Smalley stated that his assumption was that when the outlets (on
the list of violations) were installed, they were to Code.
Perhaps changes have happened over the years and the outlets had
not been modified. Smalley asked if the outlets were faulty.
Kornelis stated that a lot depends on the interpretation of each
inspector. They plan on complying with the strictest
interpretation. Kornelis reminded Council this was a voluntary
inspection.
Manninen added the inspector did find some minor items that will
be corrected. These items will be easier to correct than some of
the more expensive ones. Manninen reported the inspector did
check all the space heaters in City Hall to make sure they had
automatic shut -offs. Those without an automatic shut-off were
removed and replaced with new ones with automatic shut -offs.
•
•
KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 16
t-1. Mayor
a. Alaska on Location - Williams reported he was
interviewed, along with Jim & Nedra Evenson, Clare swan, Emil
Dolchok and Laura Measles at the Kenai Visitors and Cultural
Center on Saturday morning. Alaska on Location is a new program
from KIMO, Channel 13. The videoed report will air on Channel 13
on February 11 at 5:00 p.m. and on RATNET on February 15 at 7:30
p.m.
b. Alaska Economic Trends - Williams discussed information
included in the Alaska Economic Trends booklet regarding
employment and economics since 1987. The issue is mostly about
the Kenai Peninsula. He ordered 50 copies of the book to mail
out with the City video and other informational material.
c. OB20/Alaska Municipal Basic services Program - Williams
noted a copy of the bill was included in the packet. Willi
added he was discouraged when, during the Governor's message,
that the Municipal Assistance and Revenue Sharing will be
decreased. Williams invited comments from Assemblywoman Glick.
Glick reported there was a long discussion in regard to the bill
during the AML Legislative Committee meetings in Juneau. There
was a hold harmless clause in the draft with fees in the AML
draft. The figures looked pretty good except for the Kenai
Peninsula and the City of Kenai, took hits. There have been a
number of drafts of the bill and it continues to be amended. The
Legislature will continue to look at a single distribution
program which will phased in over a short period of time.
Senator Torgerson has guaranteed the next draft of the bill will
include a phase -in period. There will be hearings on the bill
February 22 and 23.
1-2• City Manager
a. BB20/Alaska Municipal Basic services Program - Manninen
referred to the AMBS and stated the discussions on the hold
harmless would have protected the City from any future losses.
That's not in but, after reading the information brought back
from Juneau, there is a 2% cap on the cuts which would amount to,
getting it down to dollars for Kenai, would be less than $15,000,
• KENAI CITY COUNCIL MEETING MINUTES
February i, 1995
Page 17
If the cut is capped at 2%, it would be less than $15,000. This
may last up to the turn of the century for the City at that rate,
but that is not known.
b. EDD Annual Meeting - Manninen referred to his
memorandum added at the beginning of the meeting. The
significant things that happened are mentioned in the memorandum.
One of the items is the Kenai Foundation received its 501(c)(3)
tax exempt status which could be significant event if that is
needed. At one time, they felt it would be needed for the
possible donation of property which did not come forth. The tax
exempt status took almost a year to receive and is significant
for the future.
Manninen added the Council wanted the EDD kept in Kenai. It will
be here through the expiration of their lease. The Board voted
to pursue an EDA grant application for a business incubator.
Assemblyman Tim Navarre will be heading the business incubator
i session which will be held on February 13 at City Hall. Navarre
is the head of the incubator subcommittee. The EDA grant would
provide $1 million to purchase a building. Equipment of their
operating needs from the EDA to the public works funds. Any
local funds will come through grants, loans and/or municipality -
involvement. This window of opportunity was created because -of
somebody not fulfilling their final application. EDD will have
this opportunity through September 30 to complete the
application. They are looking to purchase a portion of the
Carr's building for that.
c. ARDOR Meeting - Manninen reported an ARDOR meeting will
be held in Juneau on February 15, 16 and 17. He was just
informed that the meetings will on the 16th and 17th. He
volunteered to go to the meeting as a representative of the EDD
Board. Manninen added he planned on attending unless the Council
had an objection. The 16th and 17th would be dedicated to ARDOR
meetings. The 15th would be available for lobbying. Manninen
stated he would leave it up to the Council if they wanted him to
attend because the 15th is the next regular council meeting.
d. EDD Retreat - Manninen reported the EDD will be holding
a retreat on March 3 and 4 to decide what direction the board
will be going to next year.
Manninen asked Council if they had any direction for hin to take
• back to the EDD Board. If they had direction, he would like to
know of it just prior to the retreat.
•
0
KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 18
Williams recommended the Council send Manninen to Juneau. There
were no objections from Council.
e. Kenai Fuel services, Inc. - Manninen referred to a
letter included in the packet regarding problems with Kenai Fuel
Services.
f. Lake Clark Interpretative Center - Manninen reported he
and Mayor Williams met with Frank Fiala to discuss the Lake Clark
Interpretative Center. Fiala seems to feel there is an increased
urgency for the development of the Center. He and Williams plan
to meet with him again in mid March. He assured Fiala that if
something urgent comes up, to talk to them. Manninen also asked
that Vice Mayor Measles or another member of the Council attend
the meeting if Mayor Williams was not available.
I-3• Attorney
No report.
I-4. City Clerk
No report.
I-5• Finance Director
No report.
I-6.
No report.
I-7.
No report.
J-1.
None.
public Works Director
Airport Manager
Citizens
42,
s
•
KENAI CITY COUNCIL MEETING MINUTES
February 1. 1995
Page 19
J-a• Counoii
Boo"p - Reported the City needed to be repaired or replaced, lag at the Visitors Center
swarner - Restated the importance of having
and was disappointed one was not in a safet
Requested that adequate training be place at this time. y plan
safety person is. g provided to whoever the
Swarner added she was concerned whether t
the persons maintaining the fire trucks raining was provided for
also requested interested members of the graders, etc. Swarner
the City departments on a SaturdayCouncil take a tour of
she believed it would be helpful tor evening.
going on in the different departments, p up-to-date withShe tidied
Swarner reported she would be attendin
Committee meeting in February, g the AML Legislative
City Manager Manninen reported he signed
week for an employee to attend a traininga purchase order last
was taken from contingency because there a®minar' The funding
the Departments budget, not enough money in
Swarner reported she was glad the snow a
being used. She received man g tes were in and
citizenry. y positive comments from the
Kornelis explained their maintenance personnel
attend training for the different e mare re
the departments. � p ant mired to
Mechanics have been sent to schools for used in
coveredinthe ongoing training is also
safety plan, but it is a available. This is not
City does have a safety plan which is s part of it. Also, the
OSHA is asking for individual which
buildingsite specific for the Cit .
specificity on individual buildings. heans' They want more y
reviewed the safety plan. Department heads have
Monfor - Monfor reported she attended the
Coalition Meeting held at the Borough and Municipal
Seward. The meeting was non- hosted by.the City of
gathering of representatives groin ca municipalitiesnature,
Peninsula.ton the
Monfor addedshefeltuaBed common goals of the commun'
Meetings. representative should attend alleshe
g If a councilmember was not available, she
suggested
KENAI CITY
February 1,
Page 20
COUNCIL MEETING MINUTES
1995
the City Clerk attend. Moafalso
stated
useshe
ofinvited
8icen Bicentennial
to
hold a meeting in Kenai an suggested
Building. She was asked about and discussed the hotel/motel tax.
Bannock - Bannock reported he had received positive comments
in regard to the snow gates and felt it was the best $12,000 the
City has spent.
gmalley - Smalley reported he received a number of calls
complimenting the street maintenance and the use of the snow
gates. Smalley added he suggested the callers telephone Public
Works and pass on their compliments or tell the drivers.
Smalley also reported the scheduled leadership conference
information was forwarded to a counselor at KCHS. He also
informed the counselor thatliheinvolved in the leadership atleast
the
16
years of age, someone actually
school and must attend both conferences. Smalley suggested the
istudent be required to give a written report of he/she learned as
well.
Smalley also reported Officer Kornfiofficersvisited
workingschool
theand
gave a wonderful presentation about
schools. Smalley added he believed Kornfield will be much in
demand to be more involved. it was a very positive program.
Williams - Williams referred Council to review Information
Item No. 5 which was a letter from DCRA giving data elements for
the PY96 Municipal Revenue Sharing.
Williams reported he would be but -of -town from February 12-28,
1995. vice Mayor Measles will handle the February 15 meeting.
Williams also reported (in response to the newspaper article in
the Peninsula Clarion regarding the Kenai Animal Shelter) he had
conversations in Juneau regarding the Kenai Animal Shelter.
There may be a possibility to build a new facility if funding can
be received from Juneau and the City of Kenai.
Williams reminded Council of the special meeting scheduled for
February 8 to discuss the proposed ambulance fee.
Smalley stated he supported the comments on the Animal
Shelter and suggested to assist Council and others to understand
the needs at the Shelter, councilmembers or other department
employees could spend time at the Shelter.
•
KENAI CITY COUNCIL MEETING MINUTES
February 1, 1995
Page 21
Smalley requested the evaluations of the City Clerk
Attorney and City Manager be scheduled. After a short
City
discussion, the evaluations were scheduleort
d for the
council meeting. Councilman Bo okey stated h March 15, 1995
attendance at that meeting, but he did not mindoifd not be in
ahead with the evaluations without him. Council went
�_ ._ fix. 1 • �1•
The meeting adjourned at approximately 9:29 p.m.
Minutes were transcr
Fread,
and submitted by:
appRovED By couNca
02 i5 -C�4
Dam CLERK