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HomeMy WebLinkAbout1995-03-01 Council MinutesKENAI CITY COUNCIL - RZOMM MEETING. MARCS i, 1995 7900 P•M. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non -controversial -by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Be BCHEQULED PUBLIC C011H UT (10 Minutes) C. PUBLIC KRUXUAS • 1. Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron." 2. Ordinance No. 1629-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 3. Ordinance No. 1630-95 - Increasing Estimated Revenues and Appropriations by $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. 4. Ordinance no. 1631-95 - Amending KMC 11.20.160(a)(2) to Set Lease Rates of Tidelands at.Six Percent (6%) of Fair Market Value and to Clarify Meaning, 5. Ordinance No. 1632-95 - Establishing KMC 11.20.790 Setting the Annual Lease Rate of Shore Fishery Tidelands at $300 and Setting policy for Shore Fishery, Tideland Leases. 6. Resolution No. 95-7 - Transferring $1,100 in the General Fund for Additional Transportation.Expenses in the City Manager Department.. -1- 0 • 7. Resolution No. 95-11 - Transferring $2,505 in the General Fund for Travel Expenses for Attendance at a Maintenance and Repair Seminar on Fire Aerial Devices. a. Resolution No. 95-22 - Awarding a Contract to Applied Concepts, Inc. for the Purchase of Four Hand -Feld Police Traffic Radars. 9. conditional Protest Release and 1995-96 Liquor License Renewal - Rainbow Bar and Grill 10. *1995/96 Liquor License Renewal - Peninsula oilers - Recreational Site. 11. *1995/9-6 Liquor License Renewal - BPO Elks Lodge #2425 - Club. 12. *ABC Application for Restaurant Designation Permit - Mr. D's - Beverage Dispensary. 13. *1995 Gates of Chance and Contests of skill Permit Application - Alaskan Independence Party. 14. *1995 Games of Chance and Contests of skill Permit Application - Mt. View Elementary School PTA. 15. *1995 Games of Chance and Contests of Skill Multiple - Beneficiary Permit Application - Multiple Charities Association Co -Op, D. 9AW18"o NONNITTEE RE2 TB F. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission- 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. *Special Meeting of February S. 1995. 2. *Regular Meeting of February 15, 1995. 1. *2/24/95 E. Rinner letter regarding the proposed Kenai River overlay District. -2- 1. Discussion - Wellness Program .. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exoseding $2,504 3. *Ordiaancs No. 1633"98 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months, 4. Approval - Kenai Peninsula Caucus Dues for the 1995 Fiscal Year - $727.00. 5. Discussion - Sand Dunes/Kenai Beach. 5. Demonstration/Discussion - Accessing the Internet. _ • ADM. NIBTRATION RBpOR'�8 1. Mayor 2. City Manager 3. Attorney 4. , City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. Dia�vee, iox 1.. _Citizens (five minutes) 2. Council x. AD.TOVRNM�rr • • E 0 RENAI CITY COUNCIL - REGULAR MEETING MARCH It 1995 7s00 P.M. RENAI CITY COUNCIL CIU MBERB MAYOR JORN %T. WILLIAX8, PREBIDINGi IT= Al CALL TO ORDER Mayor Williams called the meeting'to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-s. p�Da� o�,�LEotANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . Roll was taken by the City Clerk. Present were: Smalley, Williams, Bookey, Swarner, Monfor and Measles. Councilman Bannock arrived at approximately 7:15 p.m. A-5. Mayor Williams requested the following changes to the agenda: ADD TOs I-1, Mayor's Report - a. 3/1/95 Draft letter to public. b. 2/17/95 CRG opinion. ADD A8s Information Item No. 15 - Economic Development District, EDD News of Note: from the desk of the Executive Director. ADD.ABs Information Item No. 16 - Resource Development Council for Alaska, Inc. letter of 2/23/95. ADD A8z Information Item No.- 17 - 3/1/95 TJM memorandum regarding Proposed Ambulance Fee Schedule and attachments. NOTION: Councilman Smalley MOVED for approval of the amended agenda. Councilman Bookey 8ECONDED the motion. Councilman Smalley requested UNANIMOUB CON8ENT. There were no objections. 80 ORDERED. Mayor Williams requested the following change to the Consent Agenda: KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 2 ADD TO: C-15, 1995 Games of Chance and Contests of Skill Mult1p1e-Esnef10ia3:y permit Applioatiou Multiple Charities Association Co -Op: a. Alaska Administrative Code, 12 AAC 34.200 b. 3/1/95 American Legion letter. ADD AS: C-16, 1995 Dames of Chance and Contests of Skill Permit Appiiaation - Alaska Independent Blind. Councilman Measles requested Item C-15 b6 removed from the Consent Agenda and placed on the regular agenda for public hearing. There were no objections. 80 ORDERED. MOTION: Councilman Smalley MOVED for approval of the Consent Agenda as amended. There were no objections. 80 ORDERED. ofMayor Williams explained he requested a presentation regarding accessing the Internet be placed on this agenda. He stated he believed the presentation would be very informative as to what is available and what is in the future for the City of Kenai. None. =TEM C: P-UBLI6 XXUINaB C-1. Ordinance No. 1628-95 - Increasing Estimated Revenues and Appropriations by $73,500 in a New Capital Project Fund Entitled "C.A.P. Taxiway and Apron.'$ MOTION: Councilman Measles MOVED for adoption of Ordinance o. 1628-95 and Councilwoman Monfor BECONDFD the motion. There were no public comments. Councilwoman Swarner asked if,the Cost would be -reimbursable.. Councilman Measles stated it would not be. Swarner asked if Airport funding would be used. Acting Finance Director Robin Feltman answered yes. KENAI CITY COUNCIL MEETING MINUTES MARCH 10 1995 PAGE 3 Councilman Measles directed his question to Public Works Director Kornelis and City Manager Manninen. Measles asked if Administration felt comfortable with the cost and if the job could be done for the cost. Manninen stated at this point this was the best estimate. They will not know until the.bids are received. They believe the work can be done for the amount of money estimated. Williams stated it makes more of a bargain as"a lot of the surveying and engineering time has been donated. Measles added he believed the subsurface should be in good condition and a lot of excavation will not be needed. VOTE: Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED tJIi1ANINOUSLY. C-2. Ordinance No. 1629-95 -Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. NOTION: Councilwoman-Swarner MOVED .for approval of Ordinance No. 1629-95 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTES Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-3,, Ordinance No. 2630-95 - Increasing Estimated Revenues and Appropriations by $11,243 in the General Fund for Additional Overtime and Benefits in Several Public Works Departments. KENAI CITY COUNCIL MEETING MINUTES MARCH le 1995 PAGE 4 NOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1630-95 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Bannock: Absent Smalley: Yes Williams: Yes Hookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-4. Ordinance no. 1431-95 - Amending KMC 11.20.160(a)(2) to Set Lease Rates of Tidelands at Six Percent (6%) of Fair Market Value and to Clarify Meaning. NOTIONS Councilwoman Monfor MOVED for adoption of Ordinance No. 1631-95 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Bannock: Absent Smalley: Yes Williams: Yes Hookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PABBED 9NANIMOUBLY. C-S. Ordinsnce No. 1632-9.S - Establishing KMC 11.20.790 Setting the Annual Lease Rate of Shore. Fishery Tidelands at $300 and Setting policy for Shore Fishery Tideland Leases. MOTIONS Councilwoman Monfor MOVED for adoption of, Ordinance No. 1632-95 and Councilwoman Swarner SECONDED the motion. i • 0 • KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 5 Public Comment: Joe Moore: Stated his support of the ordinance as it is fair and equitable. City Attorney Graves informed Council the new ordinance requires. lessees to acquire liability insurance. When he and Administrative Assistant Kim Howard wrote the new ordinance, they were not directed by Council not to place it in the ordinance. They felt it important to place the requirement in the ordinance. He did not believe the insurance would be too costly. Smalley asked what was the potential of problems for the City. Graves stated that if there was an accident, there is the potential for the City to be included in a claim. Joe Mooret Stated that with the subsistence/personal use fishery, people use the sites without a lease. Graves stated it is an economic activity on public property.• He added he personally felt the liability insurance requirement. should be included in the ordinance. The old leases did riot require the insurance. However, it would be required with renewals and new leases. Measles asked if the requirement was removed from these leases, what effect would that have on other city leases. Graves answered he did not believe there would be an impact on other leases. Williams stated these are different types of leases because they lease tidelands for water -related commerce. Graves stated a good case could be made because they are different -- they do not give exclusive use of the land. The shore fishery lessees cannot exclude people from walking on the leased property. Measles asked if the lease indemnifies the City. Graves stated that would be what the insurance would do. Measles suggested removing the requirement (for the liability insurance) and modify the lease to indemnify the city. Graves stated that could be done. Graves then corrected his previous statement. An indemnification clause was already included in the leases. • KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 6 MOTION: Councilman Measles MOVED to amend Ordinance No. 1632-95 to remove the requirement for public liability insurance. Graves noted section (b) of the ordinance and suggested it be amended by adding "Section 11.20.620(b).O' Councilman Measles stated the motion should be reworded to what Attorney Graves stated. Councilman Bookey again SECONDED the motion. VOTE ON AMENDMENT: Councilman Measles requested UNANIMOUS CONSENT on the amendment. There were no objections. 00 ORDERED. Councilman Bannock arrived at 7:15 p.m. There was no further discussion on the amended ordinance. VOTE ON AMENDED ORDINANCE: VOTE: Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-6. Resolution No. 95-7 - Transferring $3,100 in the General Fund for Additional Transportation Expenses in the City Manager Department. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 95-7 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no public or council comments. There were no objections to the motion. 80 ORDERED. �J 77 • KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 7 C-7. Resolution No. 95-11 - Transferring $1,505 in the General Fund for Travel Expenses for Attendance at a Maintenance and Repair Seminar on Fire Aerial Devices. MOTION: Councilman Bookey MOVED for approval of Resolution No. 95-11 and Councilwoman Monfor SECONDED the motion and requested UNANIMOUS. CONSENT. There were no public or council comments. VOTE: There were no objections to the motion. 80 ORDERED. C-8. Resolution No. 95-12 - Awarding a Contract to Applied Concepts, Inc. for the Purchase of Four Hand -Held Police Traffic Radars. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 95-12 and Councilman Measles SECONDED the motion. There were public comments. Williams noted there were no traffic accident fatalities in the City of Kenai during the last fiscal year. VOTE: Councilwoman Swarner requested U QNXXOU8 CONBENT. There wera no objections. BO ORDERED. C-9. Conditional Protest Release and 1995-96 Liquor License Renewal - Rainbow Bar and Grill Attorney Graves explained the Rainbow Bar and Grill is behind in property taxes and the City has filed a protest. The bar owners have found a buyer for the property. In order to close on the sale, the owners are requesting a temporary lifting of the protest. The lifting of the protest will allow for the sale,'but additionally, all delinquent taxes would be paid in full at the same time. Graves stated he supported the conditional protest release. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 8 XOTYOMs Councilman Measles MOVED for approval of the conditional Protest Release and the 1995-96 liquor license renewal and transfer. Councilwoman Monfor SECONDED the motion. VOTX1 There were no objections to the motion. 80 ORDERED, C-10. 1995/96 Liquor License Renewal - Peninsula Oilers - Recreational Site. Approved by consent agenda. 1995/96 Liquor License Renewal - BPO Elks Lodge #2425 - Club. 0 Approved by consent agenda. C-12. AHC Application for Restaurant Designation permit - Mr. D's - Beverage Dispensary. Approved by consent agenda. C-13. 1995 games of Chance and Contests of Skill Permit Application - Alaskan Independence Party. Approved by consent agenda. C-14. 1995. games of Chance and Contests of skill Vomit Application - Mt. view Elementary School PTA. Approved by consent agenda. C-13. 1995 games of Chance and Contests of skill Multiple - Beneficiary 8erntit Application - Multiple Charities Association co-op. Removed from consent agenda at the beginning of the meeting. This item was placed on the regular agenda in order to hold a public hearing on the matter. Councilman Measles explained he requested this item be removed from the consent agenda after receiving a number of telephone calls from representatives of some of the non-profit KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 9 organizations who also hold gaming permits. Measles added the people calling him were concerned that an out -of -the -area non- profit would be running games in Kenai and taking profits from the local area. Measles noted there were persons in attendance from other non -profits who would like to speak to the matter. Clerk Freas was asked to review the information she learned in speaking with a representative from the Division of Gaming in Anchorage. Freas stated she was told that a permittee can sell pull tabs in two different areas, the same night, as long as the pull tabs were not from the same box (serial number); the Division of Gaming has received a lot of telephone calls from persons of non -profits stating their concerns that this may be an "operator" business -- the Division of Gaming cannot make any type of determination without reviewing the application and they have not received the application because it has not been approved by Council; the application as it is now has only three groups included and to add a group, another MBP application would have to be submitted -- each time a group is added, a new application must be submitted and approved; and that because the third box in Question No. 6 (second page) of the application was marked, an explanation must be attached to the application in order for the application to be considered complete. Colonel Allar - Member of the Kenai Moose Lodge. Stated he felt the inclusion of the Juneau Moose Lodge on this permit would jeopardize the Kenai Lodges license. They have not been able to, add more to their permit. They would have no other recourse than to stop their gaming. Inclusion of the Juneau Lodge on the permit would jeopardize the income their Lodge receives from pull tabs. Jack Netherton - Member of the VFW in Soldotna. Hetherton stated he had been making many telephone calls this afternoon. Hetherton agreed with the comments made by Allar and Freas. Hetherton added approximately $60,000 is put back into the local economy from his organization. He felt the Juneau Moose Lodges inclusion on the Multiple -Beneficiary Permit (MBP) is an infringement on the local groups' territory. Hetherton added he spoke with the Moose Lodge in Juneau. They are arriving at their $1 million limit. With inclusion on this permit, they could be permitted for $5 or $6 million. The money would not stay on the Kenai Peninsula. Hetherton reported he also spoke with the Borough and the Gaming Division. Gaming was • • KENAI CITY COUNCIL MARCH 11 1995 PAGE 10 MEETING MINUTES set for non -profits to use in order to put money back in to thee community for the needy. He felt it was sad to see loopholes of the law being utilized. Hetherton added he felt the Juneau Moose Lodge's operating in Kenai is an abuse of the program and it will hurt the entire program. The money received from the games is used for many good programs. There is not one organization that can stand on its own without the pull tab gaming. Sharon Sale - Soldotna Little League. Hale agreed with the previous speakers. It is hard to raise money for the different organizations. She added her concern that the MBP would be used as an operator which is unlawful in the Kenai Peninsula Borough. She asked to make sure that all questions like these are answered before the business is opened. Paul Lunn - Manager of the 40/8 and Sons of American Legion. Lunn stated he heard the bowling alley was going into the pull tab, etc. business about three months ago and that the Kenaitze Indian Tribe and Fishermen's Association would be involved. These are local groups and are entitled to operate in the area. However, it is not good for an outside group to come into the area. If just bingo is run by their organizations, they lose money in a year. The American Legion has returned $178,000 to the local economy through scholarships (nurses' training), Little League, American Legion baseball, etc. Frank Miller - Alternate in charge of the MBP at the bowling alley. Miller stated the reason they started the cooperative was the expense. He is not an "operator." He receives a salary. There were many local charities that were very interested in being included on the MBP, i.e. Kenai Natives Association, Fishermen's Association and the Elks). The money would be divided equally among the groups listed on the permit. Councilman Measles stated to Miller there are only three groups listed on the permit. Miller stated there will be six when they are all done. Those listed on the permit already have their permit. The others are applying. Measles noted the Council was only dealing with the three listed on the permit at this time. Miller stated the other three to be added are the Kenai Natives. Association, Juneau Box and Glove and Alaska Native Brotherhood in Juneau. • KENAI CITY COUNCIL MEETING MINUTES MARCH 11 1995 PAGE 11 Phil Moochan - 40/8 American Legion. Stated if the MBP is '. approved, it would almost wipe them out. This is their only source of income. They would not be able to support any charities. Brenda Wieffering - Executive Director, Womens' Resource and Crisis Center. Wieffering stated the WRCC sell pull tabs in Kenai and Soldotna. This is critical income for the operation of the Center. They urge Council before making a decision they make sure the charitable gaming on the Peninsula stays a "charity' and the money raised stays in the community. Diana Zerill - Kenai Natives Association, Inc., General Manager. Zerill explained it would not be the Kenai Natives Association who would be applying for a permit. It will be the Tanaina Corporation which was started by the Kenai Natives Association several years ago. Zerill stated her support of the approval of the MBP. The presentation which was made to them, explained that as being a part of the cooperative, the expenses of managing the permits would be divided equally and as a result, they would receive a higher percentage of returns. Zerill added the Kenai Natives Association (KNA) and the Tanaina Corporation represent approximately 600 shareholders. Of them, approximately one-half live in the community, plus their descendants. They are in the process of applying for their permit. They would appreciate the Council's support for the permit application. Carl Kur - Fishermen's Association. Stated the community needs all the non -profits. They do not have an operator involved in the MBP. They will all be paid a salary. The Juneau Moose Lodge is not coming to Kenai are to operate a pull tab shop or bingo. The MBP permit will allow three groups to mesh with groups in Juneau. The money will be coming from Juneau to Kenai because.it will be put in a pot and split up. Williams noted that if there are six groups on the permit, three from Juneau and the money is split equally, 1/6 each. The three groups from Juneau will be taking one-half of the money back to Juneau. Kur added it is to their benefit to work with them. This will be financially good for Kenai. There are already people working there. They do not need them (Juneau Lodge) to operate in Kenai and could operate without them. • KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 12 Councilwoman Monfor stated she understood the concerns from the local groups. Monfor noted Council approved an application earlier in the meeting from the Alaska Independent Blind from Fairbanks. If Council is not going to accept this permit which includes a Juneau group, they cannot accept others. She understood the AK Independent Blind permit was a different type of permit. She also does not like Juneau being a part of the group operating in Kenai, but would have to vote in favor of the MBP permit until Council comes to an agreement on whether to accept permits outside the area or not. The permits are either equitable for all or they should not do it. • Williams noted the Alaska Blind organization's permit is for raffle tickets. There are also permits for fish derbies, the Kenai Chamber's Goose Classic, etc. which are sold statewide. These are different than pull tabs. Different local groups become pull tab sellers. The problem is when they are from out of the area seeking greener pastures. Williams suggested Council may want to discuss the overall handling of permits. Williams stated he would not vote to approve this application. • Monfor stated the overall review needs to be done. Are they going to support out -of -area permits? Monfor added she felt strongly that Council should support the local groups and entities of the community. Monfor asked Mr. Trujillo if there. was some reason why more local groups were not getting involved and why they reached out to Juneau groups? Why could they not get three other local groups to be involved and not Juneau groups? Mike Trujillo - Trujillo stated that when he was looking at how to fill the space, he did not know that much about it. He talked with different non-profit groups and personnel from the Division of Gaming in Juneau. He just wanted to rent the building, etc. He spoke first with the Fishermen's Association. As soon as the word got out in regard to the share of dollars and who would be involved, people acted like he had done something wrong. He asked other local non -profits if they wanted to participate. He. has heard nothing from them. He stated he felt he was being railroaded because he was not aware of what was in the letter Williams referred to and added to the agenda at the beginning of the meeting. Williams gave Trujillo a copy of the letter from the American Legion, adding it was public information. Trujillo added he has lived in the community for 27 years and pays taxes. He referred to a comment made opposing the placement KBNAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 13 of people to the Gaming Board. Trujillo stated the appointments were made by the Governor. Trujillo added the Moose Lodge in Juneau had not come close to their limits. Peggy Moore - Kenai Fishermen's Association. Involvement with the cooperative will be financially good for the Association. They are responsible to their membership. They would not enter into such an agreement if they were going to lose money for the organization. Money coming into the cooperative will be divided as a pool share. The expenses are shared and the income is shared. Juneau will be making more money because they have been up and running Monger. More money will be going to the local groups. All have permits to allow them to operate in the city. This is a matter of trying to do their best for their organization. It would not make sense to be involved if they were not going to make money. Williams noted of the ten persons who had already spoken, five were in support of the MBP application and five were against it. Williams asked if there were to be six groups on the permit and three were: from Juneau, and considering what had been stated that all would be receiving equal shares of the profit and that the money will stay in Kenai, are the groups from Juneau going to leave their profits in Kenai? Williams added the advantage to Juneau is because there is a limit to the income that can be received in a year. Councilman Measles stated there appeared to be a misunderstanding. There is a $1 million cap for payouts. When the groups join together it is then one-$6 million cap. The groups from Juneau can still take a percentage of the net profit and take it back to Juneau. If the six groups only get $4 million, Juneau can get more money in Juneau and that money, as well as the portion of the money they receive from Kenai, Williams stated he found it hard to believe Juneau would share their profits with people in Kenai. Bannock asked, hypothetically, if the three groups on the application earned $150, $75, and $75, adding up to $3000 how is it divided? Peggy Baxter - Kenai Bicentennial Visitors & Peninsula Oilers. Baxter stated she was not local non -profits being involved with the MB Baxter explained that with an MBP, they will P Cultural Center and concerned with the application. be allowed to pay $1 JI • KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 14 million. That is where the cap is. The cap is what you pay out in winnings. When that limit is reached, you have to shut down. Williams asked with so many non -profits in the community selling pull tabs, why didn't they get more groups from.this area involved in this permit application? Diana Zerill - Tanaina Corporation and Kenai Natives Association. Explained their Board of Directors spent a lot of time investigating the proposal. They are a very conservative group. They had to agree that they would split the expenses of the operation and the net profits. Their agreement says the net profits will be divided equally. Zerill added if the amount of payouts are larger, the community will be benefiting, even if Juneau is taking a portion of the money to Juneau. Bannock referred back to his hypothetical question -- if the three organizations earn $150, $75 and $75, equalling $300,. is it distributed equally. Zerill answered yes. Bannock added, and the reason it would be done that way is the agreement made with the cooperative? Zerill answered yes. The conversation continued. Williams stated there were lots of questions for Council to consider. Not everything is fully understood. Williams suggested action on the application be tabled until a clearer answer is received. Councilman Smalley referred to Question 6 of the application and asked if the explanation required should be received before - Council decides on their action. Williams added without the explanation, the document is incomplete. Williams asked Attorney Graves for his recommendation. Graves suggested the action on the application could be tabled until the explanation is received and Council has the opportunity, to review that information. Graves added the Division of Gaming will not approve the application without the explanation. Williams stated he would like the application tabled and documentation as to the division of profits. Smalley stated the cooperative's agreement did not pertain to the Council. Williams. stated it pertained to him. Smalley stated, for Council to see what would like to see a the record,,it was not appropriate for is in their agreements. Smalley added he completed application, however Council is . KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 15 aware that applications have been approved by the State prior to this, even if the Council has objected to the approval. Smalley added, with consideration of past practices of Council,.after the application is complete, he would vote for the approval. MOTIONS Councilman Smalley MOVED to table action until the application is complete. Councilwoman Swarner BECONDED the motion. Williams asked Council if they had anything to add. Measles stated they cannot discuss motions to table. Mr. Miller requested clarification of what Council needed. Clerk Freas explained since they marked yes on the third part of Question 6, an explanation was needed to complete the application. There were no objections to the motion. 80 ORDERED. BREAK TAKENs 8t84 P.M. BACK TO ORDER: 8:37 P.M. D-Z. Council. on Aging Councilwoman Swarner reported a volunteer breakfast was given at which Councilwoman Monfor and she attended. They enjoyed it very much. D-Z. Airport COMMi®eiOA Councilman Measles reported there was no meeting since the last council meeting. The March meeting will be held on March 9. Williams noted the airport enplanement report and was quite pleased with the numbers. D-3. Harbor commission Councilman Bookey reported there was no meeting since the last • council meeting. The next meeting is scheduled for March 6, 1995. KENAI CITY COUNCIL MARCH 11 1995 PAGE 16 MEETING MINUTES D-4., Library Commission Councilwoman Monfor reported the next meeting is scheduled for Tuesday, March 7, 1995. D-50 Parks & Recreation Commission Councilman Bannock reported the minutes of the last meeting were included in the packet. The Commission meets again on March 2, 1995. D-6. Planning & Boning Commission Councilman Smalley reported a copy of the agenda and unapproved minutes were included in the packet. At the meeting the Commission discussed an Army Corps of Engineers' project on the Kenai River. The Commission approved the project unanimously. However, the Commission and Smalley were concerned that the type of work, including excavation and discharging of soil on wetlands and into the River, were the types of actions now being discussed in the overlay district ordinance. Williams noted the time Williams asked Council and question why they c others, but not for the not speak in opposition concerns that it is not for public comment ends on March 16. if they wanted to make comments in support an do this type of work can be done for City. Smalley added, the Commission did to the project, only stated their fair for Kenai. Williams stated he was not against the project either, but -the question remains why the work is allowed for one entity and not for another. There are questions he would like to ask of all the agencies involved in the project. The City could probably stop the project in court, but he feels the project will be good for the whole community. The City is still against the overlay even to the point of litigation in his personal opinion. D-7. Miscellaneous Commissions and Committees Beautification Committee - Councilwoman Swarner reported the Beautification Committee will meet next week and will discuss the time of their meetings. Kenai Bicentennial visitors & Cultural Center Board of Directors - Will meet on Monday, March 6 at 5:00 p.m. and will be discussing the Cultural Center and a movement of the Board to e KENAI CITY COUNCIL MEETING MINUTES MARCH 11 1995 PAGE 17 establish a fundraising entity like "Friends of the. Cultural Center." They will also be discussing how to improve in finding funding, getting more displays,. eta, Anybody.is.invited to attend. They have asked local people for help. • Historic District Board.- Councilwoman Monfor stated she efts ed the HDB meeting on Tuesday. It was very interesting. They had. Ken Jordan speak. When Jordan first came to Kenai, he lived on the FAA station. He talked about finding Indian beads, etc. Clerk Freas stated she was aware the Board had received the Certified Local Government status. x2W MXMIR Special Meeting of February e, 1995. Approved by consent agenda. E•-2. Regular Meeting of 8ebruary is, .1995. Approved by consent agenda. 1• *2/24/95 E. Rinner letter regarding the proposed Kenai River Overlay District. Noted by Mayor Williams. ZMA, OLD 99BZUE61 0-2. Discussion - Wellness Program Parks & Recreation Director McGillivray reviewed with Council the draft Wellness Program which was included in.the packet... McGillivray noted budget items to include .the cost of blood screening, punch cards, an aerobics instructor, seminars and newsletter. Cost for the program was estimated at approximately $7,650. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 18 McGillivray added his recommendation to set a committee to be made up of one member from each city department, a council member and the coordinator would be from the Parks & Recreation Department. McGillivray stated he was in contact with a number of organizations who had similar programs going on in their community. They all felt that blood screening was a priority. in checking prices in the area, he found the lowest cost to be $20 per person. McGillivray recommended this be a shared cost between the City and the user. An aerobics instructor will be hard to find. Cost is estimated at $35 per session. If the aerobics sessions were open to the public at the same time they are scheduled for the employees, money raised from the public would offset the cost for the instructor. McGillivray recommended a point system be used as an incentive for employees to continue using the facilities. Also, the area most difficult to measure is the attitude of the employees toward the city. Another area to study is productivity of the employees are they being more efficient with their time. Councilman Smalley referred to Page 2, the second paragraph, i.e. discussion about the cost of an aerobics instructor and use of punch cards. Smalley asked if there are departments within the City that would have access to the facility for free. McGillivray answered the Fire Department does as physical training is a requirement of their job. Smalley asked if the wellness program is considered part of the benefit package? By law would offering one benefit package to an employee that is different than a package offered to another be a problem? Attorney Graves stated he did not think there would be a problem with State law with giving these benefits. MOTIONt Councilman Smalley MOVED the Wellness Program be placed in'the budget and suggest that the City pay one-half the cost of the blood screening costs for any employees that wish to participate in the wellness program. Councilman Bookey SECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 19 R-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections to the motion. 80 ORDERED. R-2. Purchase Orders Exceeding $2,300 MOTION: Councilwoman Monfor MOVED to pay the purchase orders over $2,500 and Councilwoman Swarner SECONDED the motion. Councilwoman Monfor asked if the purchase order to the American Test Center for $1,266 was included because they were late in billing? Manninen answered yes. Monfor stated that would mean the purchase order was done after -the -fact. Manninen answered yes. Fire Chief Burnett explained the company inspected all the ladders on the Peninsula at one time. The City's ladders were inspected when he was out of town. They disputed the bill because it was not what they thought it would be. Under normal circumstances, the purchase order would have been done first. VOTE! There were no objections. 80 ORDERED, 8-3. Ordinance No. 1633-95 - Increasing Estimated Revenues. and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Time Gardener for the Summer Months. Introduction approved by consent agenda. H-4. Approval - Kenai Peninsula Caucus Dues for the 1995 Fiscal Year - $727.00. Williams noted the requests Council made in regard to the Peninsula Caucus' Position Statement were included into the Statement, i.e. Kenai Spur Highway upgrade, Kenai Health Center, and Wildwood Correctional Facility. • I(ENAI CITY COUNCIL NESTING MINUTES MARCH 1, 1995 FAGS 20 MOTIONI Councilwoman Monfor M0V3D to pay the $727.00 annual dues to the Kenai Peninsula Caucus, Councilman Book ej� excaNDBD the motion. Councilwoman Swarner objected to the motion, stating prior to this item, an ordinance had been approved for $3.24 to pay for a gardener at the Senior Citizen Center because the state would not allow using a gardener without Workers' Compensation. Two gardeners could be hired for the cost of the dues. Williams noted the Caucus has been helpful in getting street lights, road improvements, etc. VOTES Bannock: No Smalley: Yes Williams: Yes Bookey: Yes Swarner: No Monfor: Yes . Measles: Yes MOTION PASSED. R-5. DiscU913iOn - Sand Dunes/Kenai Beach. Councilwoman Monfor explained she requested the item be placed on the agenda. She feels the Council needs to be proactive in readying for the summer use of the beach areas (fishing, etc.). The sand dunes are endangered. Monfor asked Council to schedule a joint work session with the Parks &.Recreation Commission and the KBVCC Hoard of Directors and discuss what needs to be done to handle the soon -to -be problems proactively, i.e. restrooms at the beach, Municipal Park.and Cunningham Park and trash disposal. Monfor added tourists are encouraged to come to Kenai, the City has an obligation to have the best facilities available for them.. They cannot wait until.July i to handle the problem. Council needs to direct the Kenai Police -Department and Parks.& Recreation Department.and Administration as to what they want to have dons. All,need to coordinate their efforts to make it work. Monfor requested,a joint work session be scheduled this. month. Manninen repotted -council would,_receive the draft budget on.April 5. He is planning to have a one-year.operating budget:, a five- • year g capital,.equipment budget and maybe.a capital improvement bud et included. The budgets will specifically hit on these items as well as other capital projects. • 0 KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 21 Monfor added she is concerned Council does not think this is important. Monfor suggested the week of March 13. Council set the joint work session (with KBVCC Board of Directors, Parks & Recreation and Planning & Zoning Commissions) for March 13, 1995, in the Council Chambers at City Hall, beginning at 7:00 p.m. Demonstration/DisoUssion - Accessing the Internet. Mayor Williams reported he requested this demonstration be placed on the agenda as the availability and interest is growing for the accessing of the Internet. The use of the Internet can be advantageous in connection with the proposed Challenger Center. Williams introduced Dan Anderson. Anderson discussed and explained the Internet and the opportunities this computer. function offers for the City of Kenai and individuals with the rest of the world. Anderson included in his presentation handouts helping to explain the opportunities and accessing the program from a computer in the Chambers. ITEM I s AMI-EXBTRATION REPORTS Mayor Overlay Position Letter - Williams referred to a position letter included in the pacXet which he requested Attorney Graves prepare. Also included was an opinion in regard to zoning_.. authority which Graves also wrote. Williams stated the actions taken in 1984 may not have been necessary, i.e. asking for the change in zoning power as it may have been automatic with changes made to Title 29. Williams asked if the City could get an Attorney General's opinion without going to court. Attorney Graves stated an opinion could be requested, however, he felt things often get politicized from that office even when they are not supposed to. If asked for one, it may not be given. If given, it could be politicized. Williams suggested the position letter be given to the public. Williams suggested as a guest editorial in the newspapers and on "Sound Ofg." Smalley noted in the the ordinance, return discussed. Also they most recent Borough meetings in regard to. to the 100-year flood plain has been have discussed the inclusion of tributaries . KENAI CITY COUNCIL MEETING MINUTES MARCH 1t 1995 PAGE 22 to the River. Smalley asked if that would include the eastward drainage that dumps into Resurrection Say? Measles -stated that was discussed last week. Williams noted the last meeting (regarding the ordinance) was well -attended by the City. Smalley reported a motion was made to exclude the City from the overlay ordinance. However, the motion failed eight to one. The only person voting for the exclusion was the maker of the motion -- Assemblyman Wiley. Williams stated in his personal opinion, the City will be going to court over this ordinance. Smalley added he believed it is the City's responsibility to regulate the zoning within the City limits. Council had no objections to forwarding the opinion and position letter to the public. 0 I-2. City Manager April S, 1995 Council Mooting - Manninen reported the 1995/96 budget would be presented at the April 5 meeting, along with the ambulance fee schedule. Also., hopefully by that time, the Fire Department will report a new ISO rating. EDD Retreat retreat on March Inn. 8DA Grant - application for Carr's Mall for the moth whether - Manninen reported he will attend an EDD 3 and 4. The retreat will be held at the King's Manninen reported the EDD prepared a pre- a� $1 million grant to acquire property in the Old in innovation center. They should know within they will be awarded the grant. I-3. 1Attorney No report. City Clerk Clerk Freas referred to her memorandum included in the packet in regard to the Council's annual reception for volunteers. Freas asked if Council wished to set a date for the reception during the week of April 23'to.coincide with.National Volunteer's Week. • KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 1995 PAGE 23 Council scheduled the reception for Monday, April reception will be held at the Visitors Cen p 24,+1995. The 8:00 P.M. ter from 6.00 p•m. to Council also stated their desire to have an in the Clarion with the names of the commission advertisement placed members, and other volunteers who have served ��B' board last year. City in the _-=• Finance Director Acting Finance Director Feltman informed Council F Brown would be back to work on Monday. finance Director I-6" Public Works Director No report. 1-7. Airport Manager Airport Manager Ernst reported the month endin report was included in the packet. g enplanement Parks & Recreation Director McGillivray help of the Public Works Dr McGaent y reported -that with the converted to silhouette lights had been hunghree onChristmas Way. McGillivray requested Council to look at them to irport Way. approve with the alterations made. Bee if they Y J-1 • Citizens None, J-2, Council Hookey - 1. Was disappointed in the new display Williams stated it.would not stay. It wart to have cabinet. back. ve had a glass. 2• Bookey stated he was concerned about the date planned reception in Juneau regarding. the,* hat t of the Williams reported the Fairbanks Nor challenger Center, etc. be included. He _has discussed the reception aateh elected to not they have offered to be included, taking the Fair with pjMBor and Fairbanks BoroughIs KENAI CITY COUNCIL MEETING MINUTES MARCH 11 1995 PAGE 24 cost. The reception would be in conjunction with the AML reception. AML will make the reception arrangements, i.e. food, beverages, etc. The reception will be at the Baranof. Swarner stated she was concerned with having the reception in conjunction with AML. She was afraid doing that may take the emphasis away from the Challenger Center, tracking facility, and launching facility. Williams stated he did not think a joint reception would take away focus from the Challenger Center, etc. Swarner added she would still rather have the reception separate from the AML. In answer to Councilman Bookey's concern, Williams added there would be no other exhibitors at the reception. Swarner - 1. Swarner asked if the evaluations of the City Manager, City Clerk and City Attorney were still to be held during the March 15 meeting during an executive session. There were no objections to holding the evaluations at the next meeting. 2. Swarner reported she was still hearing good comments from the community in regard to the snow gates and the snow, clearing. Monfor - Nothing. Measles - 1. Measles reported he had read in the last week a Department of Transportation article which declared the Anchorage Airport as being number one in the nation in cargo handling (12% growth rate per year). Measles added Airport Manager Ernst has forwarded a lot of good information in regard to enplanements and people using the airport facility. He requested Ernst to begin collecting information and begin a historical data base on charters, cargo handling, etc. activities at the Kenai Airport. He believes it will be surprising to find what amount of these types of activities go on at the Kenai Airport. 2. Measles stated his deep concern that a lot of non- profits in the Kenai area will be hurt by Juneau's participation in local gaming. Measles added he feels there has been a real. con -job on the local non-profit groups and somebody is in for a fall. Bannock - Nothing. Smalley - 1. Smalley stated he forgot to report some of.the p other discussions held during the last Planning & Zoning KENAI CITY COUNCIL MEETING MINUTES MARCH 11 1995 PAGE 25 Commission meeting in regard to the Commission's work on the Comprehensive Plan Update: a. Lighting inadequacies along the Kenai corridor; b. addition of a section on harbor dredging; ce addition of a section on Townsite Historic District; d. addition of a section on Kenai River corridor; ee addition of a section on the KBVCC. Smalley also reported Commissioner Werner-Quade discussed the seminar she attended in Anchorage. During the seminar, Title 29 changes were discussed as well as the Open Meetings Act. 2. Smalley was concerned about the size of the new display cabinet as it may not allow clear entrance in regard to handicapped access. Williams stated changing of the cabinet will be investigated. Clerk Freas stated she was told not to sign off on the purchase order until further discussions, etc. are held. The meeting adjourned at approximately 10:20 p.m. Minutes transcribed and prepared by: APPROVED �G PATS BY COUNC& Y C-m3K