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HomeMy WebLinkAbout1995-03-15 Council Minutes. M AGENDA • KENAI CITY COUNCIL - REGULAR NEETINa MARCH l5, 1995 7t00 P.N.. KENAI CITY COUNCIL CHM19 R8 A. CALL TO ORD 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*j are considered to be routine and non -controversial by the Council and will be approved by one notion. 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. H. SCHEDULED PUBLIC gaffl NT (10 Minutes) 1. Elton Mcaahan - Alaska Circle Track Association/Twin City Raceways, 2. Vivian Swanson - Property Foreclosure/Government Lot 128 3. Borough Assemblyman Tim Navarre - Kenai River overlay District C. PUBLIC HEARINGS 1. Ordinance No. 1633-95 - Increasing Mstinated Revenuea and Appropriations by $343.84 in the Senior Citizens - Borough Special Revenue Fund to Hire a Part -Tine Gardener for the Summer Months, 2. Resolution no, 98-13 - Supporting the Alaska Maritime National Wildlife Refuge's Proposed Environmental and Visitor Education Facility in Romer, Alaska. 3. 1995 Liquor License Renewal Application - PROTEST - Kenai Merit Inn. 4. 1995 Liquor License Renewal Application - PROTEST Italian Gardens. 5. 1995 Liquor License Renewal Application - PROTEST Larry's Club. • D. 21 F. a. S' t Re 6. 7. 1995 Liquor License Renewal Application - pRo'1'E8T - Kenai Joe s. *1993 Games Of Chance and Contests of Skill perm Application - St. Francis Episcopal Church. it O 8 1 • Council on A ing 2 • Airport Commission 3. Harbor Commission 4. Library Commission 5• Parks & Recreation Commission 6. Planning & zoning Commission 7. Miscellaneous Commissions and Committees m=1qM- 1• *Regular Meeting of March 1, 1995. OLD amaze" � BU8=N138A 1. Bills to be Paid, Bills to be Ratified 2, Purchase Orders Exceeding $2,5oo -None Listed- 3. *Ordinance No. 1634-95 - Definitions (Kenai Zoningdung KMC 14.20.320(b) (42) 4• *Ordinance No. 1635-9S - Code Land Use Table Amending the Kenai Municipal . Additional Requirements. S. *Ordinance No, 1636-95 - AmendinKMC 14.20.105 (C) (4) TOWngite Historic ( SH) Z District, Historic District Board Dutiesoning 6• *ordinance No- 1637-95 - Townsite Historic (TSH) ZonfngiD $tMri t4.20.105(m)(4) 7• *Ordinance How 363e-98 .. Definitions. and Appropriations b rnareasing Estimated Revenues for a Survey of the enafrTownsitin th0 General Fund e Historic District. 8• *Ordinance No. 1639-98 - and Appropriations b $31Increaeing Estimated Revenues Fund Entitled nS,T.P. ,000 in a New Capital Project Disinfection/Safety Program. ..2.. I � � 9. approval - Contract for Emergency Management Services (Kenai Peninsula Borough/City of Kenai)$ 10. Discussion - 1995/96 Kenai CIP State Grant Requests. ii. Discussion - Peninsula Chambers — Kenai Airport Terminal Lease.. I. n�M IN B _4NhZP9RT 1. Mayor, 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DI-CV-00 H 1. Citizens (five minutes) 2. Council 1�. �DJOIIRNME"�IT ,, • "3.. • 0 • KENAI CITY COUNCIL - REGULAR MEETING MARCH IS, 1995 7100 P.M. MMI CITY COUNCIL CHAMPER8 MAYOR JOHN J. WILLIAMS# PRESIDING CALL TO ORDffit Mayor Williams called the meeting to order at approximately 7:02 P.M. in the Council Chambers in the Kenai City Hall Building. A-10 nERGE OF ALLEGIANCE 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, Measles and Bannock. A-5. Mayor Williams requested the following changes to the agenda: ADD TO: B-3, Overlay ordinance Disoussion - Kenai River Property owners Association newsletter, Kenai River Property Neva. ADD TO: I-1, Mayor's Report - Theo Matthews FAX regarding Kenai River sockeye Salmon Issue. I -It Mayor's Report - Alaska Statutes regarding Gaming Permits. MOTION: Councilman Smalley MOVED for approval of the agenda as amended - and requested UNANIMOUS CONSENT, Councilman Bannock SECONDED the motion. There were no objections. 80 ORDERED. A-60 Mayor Williams noted he had no changes to the consent agenda* MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. 80 ORDERED. ITEM at BCHBDULED PUBLIC CMBUT 8-1. Elton Monahan - Alaska Circle Track Association/Twin City Raceways. • KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 2 McGahan referred to his letter of request which was included in the meeting packet. McGahan requested the retired Kenai Fire Department tanker truck be donated to the Alaska Circle Track Association, Twin City Raceway. The donation of the truck would allow them to better service their race track and water grass planted last year, etc. Council's allowing their long-term use of the truck would allow them to go forward with their goals. McGahan added the truck is not worthy to use on the highway and they could insure that the truck would still be of value to the community. Their organization provides scholarships to people involved in motor care careers. Councilwoman Monfor asked what the liability to the City would be if the truck were donated to this organization. Attorney Graves explained that it would be better to donate the truck rather than let them use it as presented in the letter of request. With todonating the truck "as is," liability to the City would cease. Smalley asked if the City no longer is using the truck because it is not safe to carry water, etc., and the organization uses it to haul water and water their track, and their is an accident, what happens then. Graves stated he was not familiar with the truck and does not know if the truck would be suitable to use at the track. Graves went on to say, the benefit to donating the truck "as is" is because the City is not saying it is worthy of use for any particular purpose. If they use it and there is an accident, it would be their problem. Smalley asked if it would be better to auction the truck. Williams stated the race track has their own liability insurance for the equipment it owns. There may be some modification to the truck that could be done to make it applicable for use as a watering truck instead of for firefighting purposes. Attorney Graves stated he did not think there was a big distinction between selling the truck or giving it away. There would be no warranties. Swarner asked if the truck had been declared surplus. Manninen answered it has not been declared surplus, however it would have to be in order for it to go to auction. Donation may be fine, but to whom. Some items have been donated to other units of government which he sees as a different type of agency. That is a distinction which needs to be made here. This organization is not a 503(c) or governmental agency. Manninen added he did not • 0 KENAI CITY COUNCIL MEETING MINUTES MARCH 151 1995 PAGE 3 think a donation would be the right vehicle. The truck should be either auctioned, held and placed in a fire museum, or donated to the fire training school. The City would not want the liability five years down the road. Bannock asked what the normal plan would be for this type of equipment. Manninen answered it would be held or put in the surplus property sale. Bannock asked if there was any other department in the City needing the truck. Swarner suggested Parks & Recreation. McGillivray stated if the equipment is not useable or driveable by the Fire Department, he would not want to use it. Councilman Bookey stated if the truck has been pulled out of use by the City, it should be put into auction. The City needs to get rid of it. Bookey suggested the City could give a donation of funding to help the Circle Track organization purchase the truck. McGahan stated the truck would be driven at a speed of approximately five miles an hour and would not be used on the highway. Williams added he believed the liability to the City would end as soon as the title is signed over. The truck would be donated "as is," without warranty. The Circle Track organization has their own liability insurance. He would like to donate the truck as it is a worthy organization. Smalley agreed with Bookey. He is aware the organization is worthy and has done a tremendous amount of benefit to the community and with the students at the school. However, he believes it would be best to declare the truck surplus and auction it. The City maybe could provide assistance there. Smalley added he would feel more comfortable disposing of the equipment in that manner. He definitely does not want to keep the truck in the City. Williams asked if Smalley was concerned the City might still be the owner of the vehicle by him saying "keeping it in the city." Smalley answered no, he would still prefer the truck be declared surplus and sold at auction. Bookey suggested the truck could brine $8,000-$10,000 at auction. Bookey added he was not comfortable with donating anything that is worth that much to anybody. Bannock agreed with Bookey and • KENAI CITY COUNCIL MEETING MINUTES PAGE 4 added unless there is a truck can be sold for a Problem the way the truck sits. If the. suggesting taking the tank off the should be sold. Bannock truck to make it saf-er. Bookey stated he was not willing to Jeopardize - the Track organization cants to give the the city, The disband. If done that way, the Ownershipwould back if they City. Williams stated he noted that and $suld stay with the read it as just their thought. concerned, but also Monfor suggested Belling the truck to the organization dollar in order to cease the liabilit g nization for one no restriction for donating Y• Graves stated there is cannot be sold without a g public property, but public property Public auction. Swarner stated she had a first group that asks. group iproblem with donating the truck to the It is not known if there is some other interested in it. Swarner added sh the truck away. a did not want to give Mprna Bands - Member of the Circle Track Assoc Stated she wrote the letter and thought the Ciiation. Sands the truck go. They stated they would give the was ready to let they were unsure of the truck back because organization fs willing to take�theands added she was hearing the unsafe, but the City would want to sell itktowieo it may be unaware the truck is not in good shape. Council 1e that are Williams suggestedanswered no, a while and see what Administration the re tration will dot if theatruc is for declared surplus or donated. Maybe then the k is Plan of what to do with it, re will be a clearer H'a� Vivian epaaeoa 128. property Foreclosure/Government Lot Swanson reviewed with Council her letter of was included in the packet. March 14. 1995 which en to reconvey Government Lot 128 which had be quested the City Council. due to unpaid assessments in 1986 forealosu deeded.to.the.City Swanson explained she believed that some of theroaeedinga. the City for assessments were monies paid to account (Government Lot 1.96 a PAi - Section Wrong assessment t been conveyed to Sonja LetZr hich hard previousl ins, sister of John R. Swanson, Y KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 5 deceased husband of Vivian Swanson). In 1982, Swanson stated, her attorney advised her to "let things lie." Swanson added she has been renting the house on Lot 128. Williams stated the major problem the City faces is the foreclosure took place in 1986. The statute of limitations ran out in 1988, which was seven years ago. Swanson stated the reason why she did not do anything was that the City never violated her. She continues to collect rent, however the assessments were not credited to her property. Swarner asked who is paying the property taxes. Graves stated the property is exempt from property taxes because the property was deeded to the City in 1986. Monfor questioned that the City was deeded the property, but never checked it. Graves stated the building was boarded up in the fall. Williams questioned that the property was deeded to the City in 1986 and Swanson has continued to collect rent since 1986. Graves explained the City filed a foreclosure action in 1984. Vivian Swanson was served. She had two years in which to contest the foreclosure. She did not contest it. She did not defend herself. Her charges cannot be refuted. The City Attorney during that time was Ben Delehay and he now resides in Costa Rica. Graves added Swanson had a right to challenge the foreclosure. She was represented by an attorney, but did not defend herself, Swanson reported she talked with Delehay in Costa Rica. He advised her to try to get a copy of the check the City paid her with for payment of the condemnation action minus assessments owed on properties listed on a 1967 assessments foreclosure list. (The City had filed a condemnation action in 1967 against some properties owned by John Swanson. Payment was made to the estate of John Swanson in 1982, minus assessment amounts owed on Government Lots 168 and 169 of Section 31 and Government Lots 19, 20 and 21 of Section 6.) Swanson referred to copies of payment cards which were included in the packet. Swanson noted payments were credited to Lot US but not Government Lot 128. Graves stated some of the assessments accrued after John Swanson died. John Swanson did not pay the assessments. There are records. Some are in the computer. Vivian Swanson was given a . copy of whatever records the City has. KENAI CITY COUNCIL MEETING MINUTES MARCH 151 1995 PAGE 6 Councilwoman Monfor stated she did not believe the Council could address the problem at this meeting. The problem needs to be worked out between attorneys. The matter is very confusing. Monfor added she had a big problem that the City owns the property and Vivian Swanson has been renting it out. No one is paying sales tax, etc. Williams agreed with Monfor in that the problem needs to be sent to Administration. Perhaps the records can be collected and reviewed and We item can be brought back to Council at a later date. The council meeting is not the appropriate venue. Swanson stated the discussion has been dragging on and on. She has been trying to get it settled. She thought a conclusion was getting closer until she received the letter from the City (included in the packet). Williams stated the City would review the information to make sure it is correct. Adding, he did not want to be put in the position of taking a widow's property, etc. Williams added the time period in which this has taken place is questionable. Williams called a close to the comments and asked for further comment from Attorney Graves. Swanson asked, if the owner of the other lot (Letzering) pays the assessments which were owed on the lot given to her by John Swanson, would that help. Williams stated he could not answer that. If other people become involved in the situation, they should contact Administration. Manninen stated he was concerned that this was brought up after it had been settled for six to eight years. It would be like REA coming back to say they want more money after a check has been sent. Williams stated the properties are not valuable to the City. With the cloud on the title, they could not be sold. As they are, the properties are worthless to the City and to Mrs. Swanson, Councilwoman Monfor requested, with concurrence of Council, for the building inspector to make sure people are not living in the houses on the property as it is the City's property. Manninen stated if the City signed something five years ago, it would be faced to take her to court instead of donating it back. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 7 Williams stated Administration was to take one further review of the question. The City doesn't want the property. ownership of the property will have to be cleared up. B-3. Borough Assemblyman Tim Navarre - Kenai River Overlay District Assemblyman Navarre updated Council in regard to the Kenai River Overlay District ordinance. Navarre stated the ordinance will be before the Assembly on April 4 but because of comments from the Borough Planning & Zoning Commission, etc., a vote will probably be delayed until May. More amendments could be made to the ordinance in April. Navarre stated his concern of the possibility that the Kenai Peninsula Borough and the City of Kenai might file suit against each other because of the ordinance. He would try everything to tonot have that happen and urged the Council to do the same. Navarre stated the district now would include 1501 from the mean high tide and includes the mouth of the river to its tributaries. There is nothing in the ordinance which says the Borough will take over the authority from the State or the City. Navarre added he would rather work with the City and other entities. He would like all the groups to work on the ordinance to see if there is some fair and basic planning and zoning along the river which would take care of other problems along the river. With this ordinance in place, there would be more say of what happens inside the river. Navarre apologized for his original statements to Council. He understands the City has concerns about the commercial canneries, etc. and the lower five miles of the river. it would help if the Planning & Zoning Commission and Council would make recommendations for he and Assemblywoman Glick to advocate. The Borough has been receiving complaints about commercial developers along the river, but because nothing is in place to stop them, they cannot do anything. This ordinance may be.the first step in gaining some control of the river. Mayor Williams explained there is more to the Council's concerns. than the ordinance. The Council will not acquiesce to the ordinance because of its concern of who has the authority. Williams explained to the public that the City has as much concern for the health, habitat and life of the river than • KENAI CITY COUNCII, M MARC11 15, 1995 METING MINUTES PAGE 8 anyone. The people who make the City look bad aPut e mice advertisement in th Williams Went o informing the Public.e paper to allowing n to explain the State and other but couldt themselves to build projects agencies a develo get the permits toall8 which the Cit re property. a Project at the Pillar it. The state to do Y• These are ver s and on the Chester Cone Oppose them. However Y good projects and the City to develop a similar ' the agencies who would not does not etc. are the project, needing the same types the City The rules don fancies who are allowing YPes of seem to be the same these new developments, Williams stated the Cit for everyone. pfients. Property along the Clty O The lower is the g land never be included in the Ordinance fivelmiles o owner of it UP• inance and the City f the River will Y won � t ever There have been d giVe question of the exactness about Title 29. zoning authority.xactness and meaning There is some better manage The City of Kenai as Title 29 in re g the zoning along the i has Proven that itgcan ard to Williams referred to a Association re proposal by the Sports Fishermen's day, seven da requesting the Board of rmen s Mondayday-a week dipneBoa Fish to consider 24 Parks night' the City Council nett the mouth of the Kenai. Conunission and the a Joint session with Comgafssion to discuss degradation the what to do to ion of thea sand & Zoning more dipnettinprotect them. Now there is the dunes and beach and the State is urging take place from the probability that have clo8ed other g People to come to mouth of the river and doing damage rivers from fishing. Kenai to fish because they are destroying the river banks It is not yang the river and thisetc. It is other elements owners overlay ordinance. is not bean elements that Williams stated g addressed by the thequiesce to thetordinan line is drawn. Problem is. Ordinance until there is a City will not a better id®a of what Councilwoman Monfor sugge8ted should be made to the the comments concerns. A+ssembl made b W The Cit Y They are extremely i1lfams ordinance. The diseuss'no precluding itself from y valid by the clarion. Williams etetween the Cit m being in the ated he has y and Borough has been been before the Assembly . . KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 8 anyone. The people who put the advertisement in the paper to make the City look bad are misinforming the public. Williams went on to explain the State and other agencies are allowing themselves to build projects which the City tried to do but could not get the permits to allow it. The State is developing a project at the Pillars and on the Chester Cone property. These are very good projects and the City does not oppose them. However, the agencies who would not allow the City to develop a similar project, needing the same types of permits, etc. are the agencies who are allowing these new developments. The rules don't seem to be the same for everyone. Williams stated the City of Kenai is the largest land owner of property along the River. The lower five miles of the River will never be included in the ordinance and the City wont ever give it up. There have been discussions about Title 29. There is some question of the exactness and meaning of Title 29 in regard to zoning authority. The City of Kenai has proven that it can better manage the zoning along the river. Williams referred to a proposal by the Sports Fishermen's Association requesting the Board of Fish to consider 24 hour -a - day, seven day -a -week dipnetting at the mouth of the Kenai. Monday night, the City Council met in a joint session with the Parks & Recreation Commission and the Planning & Zoning Commission to discuss degradation of the sand dunes and beach and what to do to protect them. Now there is the probability that more dipnetting will take place from the mouth of the river and the State is urging people to come to Kenai to fish because they have closed other rivers from fishing. It is not property owners doing damage to the river banks, etc. It is other elements that. are destroying the river and this is not being addressed by the overlay ordinance. Williams stated that the line is drawn. The City will not acquiesce to the ordinance until there is a better idea of what the problem is. Councilwoman Monfor suggested the comments made by Williams should be made to the Assembly. They are extremely valid concerns. The City is not precluding itself from being in the ordinance. The discussion between the City and Borough has been by the Clarion. Williams stated he has been before the Assembly r, • KENAI CITY COUNCIL MEETING MINUTES MARCH 151 1995 PAGE 9 and many representatives of the City have attended committee meetings also. Monfor stated the Assembly is not listening. Williams suggested a joint meeting between the City and the Assembly could take place. Monfor added no one believes the thought behind the ordinance is bad, however the way it came about is the problem. There may be other people from other areas that are saying they will not do it. She definitely agrees the lower five miles should not be included in anything. s Monfor went on to suggest that people are only hearing bits and pieces of information and think that the City doesn't care about what happens to the River. Smalley stated he agreed with Nonfor. He would like to read and hear that the City has had representation at the Borough Assembly Committee meetings, either by Council or Administration, and has input in the process. He agreed that everyone in the City and the Council is interested in the protection of the River and its habitat. The City has taken the first step and is willing to take more. The Planning & Zoning Commission does so regularly in its continuous efforts to review and keep the zoning ordinances up to date. Having Phil Bryson as a member of the Kenai Peninsula Planning & Zoning Commission and the Kenai Planning & Zoning Commission, the City has constant representation. Smalley went on to say it is the City's responsibility now and in the future to govern the zoning within the city limits. He has no problem in working with the Assembly on other parts of the river, but that portion of the river within the city limits, is the City's responsibility. Williams suggested an ordinance be prepared that would disallow dipnetting at the mouth of the river. The City owns 12 miles of the bottom and banks of the river. Navarre stated he would try and set up a joint meeting with the. Assembly and the Council to discuss the matter. Navarre added he does not know how he will vote. He has to make the best decision for the whole Borough. He has to keep all the comments in mind when voting. If the Borough's attorney says they have to include all the river and have the legal right to do so, he will have to take that into consideration. He does not want to go into a suit. He would like the City to go through the ordinance and write down what is acceptable and not acceptable. There is • 0" • KENAI CITY COUNCIL MEETING MINUTES MARCH 151 1995 PAGE 10 nothing anywhere that says the City has to buy into the ordinance. Navarre again requested specific comments on the ordinance. Williams asked Assemblymember Glick is there has ever been a joint meeting between the Assembly and the Kenai Council. Glick responded there was one during discussions of the land fill. Glick added there is nothing to preclude two entities to meet and discuss an issue of mutual concern. Smalley stated he believed a joint meeting would be a good idea, but would want to include the Kenai Planning & Zoning Commission members who are dealing specifically with the ordinance. Williams also suggested the Kenai Harbor Commission members be included. Smalley stated the Planning & Zoning Commission has specific authority and power that the Harbor Commission does not. Monfor stated that the Planning & Zoning and Harbor Commissions could listen, but the Council has the final elected power. Smalley referred to Section 21.05.040(a) of the ordinance wherein it discusses prohibited uses. Smalley stated the proposed state park at the Pillars will violate approximately 2/3 of the prohibited uses of the ordinance. Smalley added he is not opposed to the development and thinks it is a worthy project, but if the ordinance was in effect now, there would be problems with the Borough, City and State. Navarre explained there were renumbering of the prohibited did agree and comply based o Pillars site to see what the is willing to make amendments Williams stated there will be Legislature removed the lower y supposed to have been some uses, etc. Navarre added the State n the ordinance as it is today on the would have been required to do. He for the good of the river. nothing done below the bridge. The five miles. Manninen referred to 21.05.100(b), (d) and (c) where the ordinance discusses non -conformities. Manninen stated he didn't know what (c) meant. Also (b) and (d) would disallow canneries, who may shut down one season due to no fish, from working the next season. Navarre stated the reason (c) was included was because some people fill it is easier to prove a case if they can prove someone or something is not in compliance. He personally does not think that is fair and it is also a misunderstanding that was in the paper. The way it reads now, they would have to prove it • • KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 11 is continuing use. He requested it be reversed so that it would be.the Borough's responsibility to prove and he also suggested the time would be two to three years. Navarre added the items discussed now should be included in the April 4 meeting. He hopes the City and the Borough can meet before that Assembly meeting. DREM TAKENt 8:39 P.M. BACK TO ORDER: 8s5S P.M. Ordinance No. 1633-95 - Increasing Estimated Revenues and Appropriations by $343.84 in the Senior Citizens - Borough Special Reverue Fund to Hire a Part -Time Gardener for the Sumner Months. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1633-95 and Councilman Bannock BECONDED the motion. There were no .public or council comments. VOTE: Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes NOTION PABBED UNANIMOUSLY, C-3, Resolution No. 95-13 - Supporting the Alaska Maritime National Wildlife Refuge's Proposed Environmental and Visitor Education Facility in Homer, Alaska. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-13 and Councilwoman Monfor BECONDED the motion. 0 KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 12 Williams apologized for using."take action" in the letter included in the packet in regard to:supporting'the facility in Homer. Williams added he should have said "consider action" instead. Councilman Bookey stated he would have liked to have had the - letter of.support brought to Council prior to.mailing`it, Williams stated he would have, however the time line did not allow for it. VOTES Smalley: Yes Swarner: Yes Bannock: No MOTION PABBBD. Williams: Yes Monfor: No Bookey: Yes Measles: No C-3. 1995 Liquor License Renewal Application - PROTEST - Kenai Merit Inn, Clerk Freas reported the Kenai Merit Inn water/sewer and hotel/motel accounts with the City of Kenai had been paid in full. However, there were still amounts not current with the Borough, i.e. sales tax and property taxes. Freas explained the deadline for the City to enter a protest was Friday, March 17, 1995. Freas requested a motion which would direct her to file a letter of protest if the amounts were not brought current by March 17, 1995, Councilwoman Swarner if the water/sewer and hotel/motel accounts were paid by cashier's check or business check. ,Graves answered by business check. Graves added the Finance Department will be checking to see if the check clears.at the bank. MOTION: Councilwoman Swarner KOVED for approval of the renewal of the. liquor license for the Kenai.Merit Inn on the condition that the amounts owing are paid to the Renai Peninsula Borough by cashier's csheck and the check to the.City is cleared. Councilman Smalley asked if the City could.require.the payment be made by cashier's check. Graves stated he informed Kenai Merit Inn that the City would file a dismissal to the default judgment which was filed, if the check clears. .However, he did not know KENAI CITY COUNCIL MEETING MINUTES MARCH 151 1995 PAGE 13 if the City could require the Borough to accept payment only by cashier's check. If the check does not clear, Graves believed the Alcoholic Control Board could be notified and they would refuse renewal of the license. They are very sensitive about matters such as this. RESTATEMENT OF MOTION: Councilwoman Swarner requested to change her motion to read if the accounts are paid to the City and Borough. Councilman Smalley SWONDED the motion. Smalley added if the accounts are not brought current the City would continue with the protest. Bannock asked if the taxes owed to the Borough are considered owed to the City, i.e. sales tax, property taxes, etc. The answer was yes. VOTE: There were no objections to the motion. SO ORDERED. C-4. i995 Liquor License Renewal Application - PROTEST - Italian Gardens. Clerk Freas reported a similar motion would be in order as Italian Gardens was not current on their water and sewer account. Finance Director Brown added the amount owed was for the January billing. The February billing was not due until the loth. MOTION: Councilman Smalley MOVED for approval of the renewal of the Italian Gardens liquor license contingent upon payment of monies owed. Councilwoman Monfor SECONDED the motion. There were no objections. 60 ORDERED, C-5, 1995 Liquor License Renewal Application - PROTEST Larry's Club. Clerk Freas suggested a similar motion would be in order. Larry's Club was now current with water and sewer amounts, but was not current with Borough tax accounts. • KENAI CITY MARCH.15, PAGE 14 NOTIONS COUNCIL MEETING MINUTES 1995 Councilman Measles MOVED for approval of the liquor license renewal for Larryls Club contingent upon payment of monies owed to the.Kenai Peninsula Borough. Councilman Smalley 8ECONDED the motion. There were no objections. so ORDERED. C-6. 1995 Liquor License Renewal Application - PROTEST - Kenai Joels. Clerk Freas suggested a similar motion would be in order. Kenai Joe's was not current with water and sewer amounts to the City and was not current with Borough tax accounts. • MOTION: Councilman Smalley MOVED for approval of the liquor license } renewal for Kenai Joe's contingent upon payment of monies owed to the Kenai Peninsula Borough. Councilman Measles SECONDED the motion.. There were no objections. 00 ORDERBD. C-7. i995 dames of Chance and Contests of skill Permit Application - St. Francis Episcopal Church. Approved by consent agenda. ITEM, _C0=z66=JC,,, TTB�B R_tgg Te D-i. Council on Aging Councilwoman Swarner reported a meeting was held on Monday, March 13, 1995. However, she was not in attendance.' Swarner requested a report"from Clerk Freas who attended the meeting. Freas.: reported an election of officers was held. Sam Huddleston was elected Chair of the Council on Aging and Joanna Hollier was elected vice -chair. One member resigned during the meeting due to her planned summer travels. Applications will be solicited for replacement of that membor through the senior Center office. The meeting lasted -approximately 14 minutes. D-a. Airport Commission Councilman Measles reported the meeting minutes were included in the packet. Airport Manager Ernst would report later in regard to the airport's recertification. KENAI CItY COUNCIL MEETING MINUTES MARCH 151 1995 PAGE 15 D-3. Harbor Commission Councilman Bookey reported a meeting was held on Monday, March 6.. The minutes of the meeting were included in the packet. An interesting proposal was made by Commission member Jahrig in regard to placing rip -rap at the mouth of the river. Bookey added he did not think the suggestion will go very far. Kornelis reported about the liability insurance request in regard to the inspection contract of Wm. Nelson & Associates for the Sower Treatment Plant project. Kornelis reported the concern was concluded as Administration accepted the lower amount. Bookey added he assumed the Council was not willing to change their position in regard to the overlay district ordinance. D-6. Library Commission Councilwoman Monfor reported the meeting minutes were included in 46 the packet, as well as the month -end report. Monfor added the meeting was very productive. The Commission worked on the library's policy regarding objections to books, displays, etc. The Commission also discussed April Sunday hours. 0-5. Parke & Recreation Comm38810A Councilman Bannock reported the minutes of the Parks & Recreation Commission's March 2, 1995 meeting were included in the packet. The Commission discussed the proposed wellness program and budget. Bannock urged council to drive down Airport Way and look at the altered Christmas decorations and forward comments to Director McGillivray. Bannock stated he has, and the silhouette decorations look very nice.' D-6. planning & zoning Commission Councilman Smalley reported the minutes of both the February 22 and March 8 Planning & Zoning Commission meetings were included in the packet. Smalley stated he was not able to attend the meeting and Councilman Bannock attended in his.place. Townsite Historic District Hoard Chair Dorothy Gray gave a presentation in regard to the Board's desire to develop an interpretative site at the Village of Shk!ituk't .(Daubenspeck bluff property). Gray requested a joint.work session with the Planning & Zoning Commission in regard to the site. The work session was..set for April 12, 1995 at 6:00 p.m. in the Council Chambers. The City Councilmembers are invited.to attend as well. : SKENAI CITY COUNCIL MEETING MINUTES MARCH 151 1995 PAGE 16 Smalley also reported the Commission set a schedule for reviewing and amending the Comprehensive Plan. The Commission has assigned members to review different chapters. They will be adding information in regard to cultural and educational facilities in the City. D-7• Misceliaaeous ComtnisoiOIIs and committees a. Beautification committee - Councilwoman swarner reported the Beautification Committee met in a work session on Tuesday, March 14 because there were not enough members present for a quorum. Committee member Jeanene Benedict resigned from the Committee. Also, the Committee requests Council's approval to change the time of their meetings to 5:30 p.m. on the second Tuesday of each month. There were no objections from Council. b. Towueite Historic Board - Councilman Bookey reported o the next meeting is scheduled for March 28. He will not be able to attend because he will be in Juneau attending AML board meetings. Bookey requested another councilmember to attend the meeting. ITEM S= B-1. Regular Meeting of March 1, 1995. Approved by consent agenda. None. 1.' c . -T\1771 None. H-i. Bills to be Paid, Bills to be Ratified • 0 KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 17 XOT=ON s Councilman Smalley MOVED to pay the bills and Councilman Measles 8EGONDED the motion. There were no objections. 80 ORDER240 Purchase orders Exceeding $2,500 None listed. R-3. Ordinance No. 1634-95 - Amending KMC 14.20.320(b)(42) Definitions (Kenai Zoning Code). Introduction approved by consent agenda. H-4. Ordinance No. 1635-95 - Amending the Kenai Municipal Code Land Use Table, Additional Requirements. Introduction approved by consent agenda. 8-5. Ordinance No. 1636-95 - Amending the KMC 14.20.105(c)(4) Townsite Historic (TSH) Zoning District, Historic District Hoard Duties. Introduction approved by consent agenda. N-6. Ordinance No. 1637-95 - Amending KMC 14.20.105(m)(4) Townsite Historic (TSH) Zoning District, Definitions. Introduction approved by consent agenda. 8-7. Ordinance No. 1638-95 - Increasing Estimated Revenues and Appropriations by $10,757.57 in the General Fund for a Survey of the Kenai Townsite Historic District. Introduction approved by consent agenda. B-0e. Ordinance No. 1639-95 - Increasing Estimated Revenues and Appropriations by $11,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/Safety Program." Introduction approved by consent agenda. . xENAx cimsr MAutcx is, PAGE 18 COUNCIL MEETING MINUTES 1995 Approval - Contract for Emergency Management services (Kenai Peninsula Borough/City of Kenai). Councilwoman Monfor asked if the City had been doing this all along, Manninen explained this is the first time that the City has gotten involved in this. Chief Morris negotiated with the Borough. The City will get $44,000 and the City agrees to utilize and enforce the North Zone of the plan when it gets developed. Over the past several years, the cities of Seward and Homer have received the same amount of money and the Council said to go see if we can do it. Manninen added Chief Morris is not asking for any new cars or equipment to be paid for with the $44,000. Chief Morris explained the monies received by Seward and Homer were used to pay for one dispatcher in each city. The Borough later found that they did not have the authority to pay for dispatch services in Homer and Seward. The Borough has offered Kenai $44,000 to provide for an alternate 0911 answering center to back up the central call -taking facility in an emergency. Homer and Sewer will back-up for Kenai, MOTSONI Councilman Smalley MOVED for approval of the Contract for Emergency Management Services and Councilman Measles SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. There were.no objections. 80 ORDERED, 8-10. Discussion - 1995/96 Kenai CIP State Grant Requests. Williams referred to the request information included in the packet. Williams reminded Council they had requested background information of the Capital Improvement Projects for distribution to the area legislators, etc. Williams also reported the Governor has asked for matching funds budget of approximately $30 million. in earlier discussions, it was thought there may be a possibility to work a Regional Animal Control Shelter into the Governor's capital grant program. Williams added he has not discussed with the Borough their sharing the cost of building a new shelter. • KENAI CITY • MARCH 15 o PAGE 19 COUNCIL MEETING MINUTES 1995 Kornelis requested approval of the grant request information sheets and authorization to mail the letters with the information to the legislators. There were no objections from Council. 8-110 Discussion - Peninsula Chambers - Kenai Airport Terminal Lease. A letter from the Kenai Peninsula Tourism Marketing Council was included in the packet for review and explanation. The letter stated the Tourism Marketing Council, Kenai Visitor & Convention Bureau, Soldotna Chamber of Commerce and other Peninsula Chambers would like to use the glassed -in area in the airport terminal (now housing the musk ox) for placement of generic visitor information. They stated there would be no charge for the use of the area. Ernst asked if Council would like to allow use of the area on a trial basis. If Council approves, this group will proceed with more explicit information as to what they intend to do. Ernst told the Marketing Couiicil he has had several inquiries for rental of the space. (Ernst stated, the businesses wanting to be placed there would not be allowed due to conflicts with the restaurant lease and poster/phone rentals. Councilman Bookey stated he found it hard to propagate anyone but the City. Williams reminded Council they have allowed a radio station to use that area at no cost for promotional purposes. Councilman Measles stated he was concerned there -may not be anyone working in the area who would be making sure the area was kept neat, etc, and would not be available to answer questions, give correct directions, etc. Measles added if there is an information area, it should be staffed. If the desire is to have brochures available., they could be placed anywhere in the terminal. Bookey stated he would have a problem if there would be promotional information for individual businesses. Bookey . added, members of the KBVCC pay to have their brochures placed at the Center. Ernst reported he discussed those concerns with the Marketing Council. That is why they want only to have generic information of the Peninsula available. Ernst added if Council thinks this is a plausible idea,.he will get a more detailed proposal and bring the information back to Council. KENAI MARCH PAGE CITY COUNCIL MEETING MINUTES 15, 1995 20 Bookey stated he would want the•KBVCC to make a proposal for discussion as well. Ernst stated the KBVCC is included in the Marketing council. proposal. Councilman Measles stated he did not want something in there just to have something filling the space. The musk ox could do more than brochure racks. Measles reconfirmed his feeling that an information area should be staffed in order to talk with tourists, etc. Measles added he had a problem with having unstaffed commercial brochure racks where the information could get scattered all over the terminal. Ernst stated they discussed the possibility of having a full-time person. Also, it may be better to use space at the south end of the terminal where someone can sit with information available. Measles stated he believed the old Raven Transit counter would be better for the information racks. Council concurred. Measles added there should be no commercial brochures and the counter should be staffed with a person who is familiar with the area and who can give accurate information and directions. 1-10 Mayor a. Booker* Boason - Williams referred to amendments to the Kenai River Sockeye Salmon Management Plan proposed by the United Cook Inlet Drift Association. The information was added to the agenda at the beginning of the meeting. Williams referred to Page 5 where it discussed additional dipnetting in the Kenai River. Williams stated his concern of opening the River for additional dipnetting and the additional degradation this activity will have on the banks of the River, the mouth of the River, and the beach and sand dunes in the City. Williams reminded both sides of the Williams suggested only to citizens o Council the City of Kenai owns the banks on river, as the City f Kenai. well as the land under the river. could allow dipnetting in this area Councilwoman Monfor reminded Council these suggested amendments are only representing the wants of the sports fishermen and do not represent all entities involved. Monfor suggested a letter be sent to the Fish and Game Board stating the City's concerns. KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 21 Bannock agreed. Books suggested for Providing y asking the State for g adequate sanitation, patrolling acces assistance Councilman Measles referred to concl s, etc. he did not understand what eith conclusions No. 1 and 3 an the changes. Williams added in hisroup hopeB to accomplish wistath Matthews he stated the Cd discussions with Theo with steer clear of the fishing y has worked to enhance its eConom City is being caught up into the aeallocations, etc. Now the and bates. e b` gaming Statutes - Alaska Statutes added to the agenda quested Council review the meeting. The statutes discussed a t the beginning of the Williams stated the statutes do notprOval of action or say the Cfaming permits. law, must brirmiits' However, those wishing to a has to take any review. g their applications to the local t a permit, by government for Williams and Measles discussed cities on multi -beneficiary being able to be included pass an ordinance wich prohibit It was suggested the city could Bookey stated his concern that the C and the, Division of Gaming does not my might object to a disallow a permit. state note the objection and pe�ttit is detrimental to the best Williamss stated it could be stated the suggested the only thing the Council Cothe public. gaming establish an ordinance. uld do would beto Clerk Free, reported she had been re and Bookey to search the records for any b applications which Council had stated any other Councilman Measles it three from 1990 to date. ated their objection. representative from the Division also stated she was told be found to object to an a Gaming that if Council wi letter to the GamPjelicoatii0nP it may be more effective t shed Object, . g mmissioner, stating the reasons Wh the a y they Attorney Graves was asked to check whether municipalities or boroughs in the 3tathere are other Measles stated he believed that wool to who tax are manoxr reasons whyd be a mistake tc trncome. collecting taxes On gaming. the Kenai Peninsula Borough a There gamf ng. gh backed away from Bookey asked Measles if he was su would require the cityggestfng of Kenai an ordinance which naf to have authority in the gaming KENAI CITY MARCH 15, PAGE 22 COUNCIL MEETING MINUTES 1995 regulations. Measles stated yes. Williams added the ordinance would have to be stronger than the Alaska Statute. Graves asked if he was to check into what other communities have done in regard to regulations in ordinances, not taxes. Measles stated he believed it would be worth looking into. Council concurred. I-2. City Manager a. 199s/96 Budget - Manninen reported the draft 1995/96 budget will be available for Council at the next meeting. b. Ambulance Bee Proposal - Manninen reported the proposal would be before Council at the April 5 meeting for consideration. b. EDD - Manninen reported he expects, in the next couple of months, a group from the EDD to speak with Council and ask for some kind of a final application or loan guarantee for the EDD grant application which may require one. Manninen added he mentioned to the Borough that he expects them to take a position and if they expect the City to, they should send a delegation to the City to ask well ahead of time. Since the City will be starting their budget process, the next meeting may be timely for them to make a presentation. If they get their act together and the EDA's go ahead for the final application for the Old Carr's Mall, he expects someone will be here to make a presentation. d. Band Dunes - Manninen stated he believed ownership information of sand dune properties, which Council requested at their March 13, 1995 work session, was before them this evening. Clerk Freas corrected Manninen and stated the information would be available in the Council's next meeting packet. e. Enstar - Manninen reported he met briefly with representatives from Enstar. There was no agreement. They are back to the drawing board. He will come back with something when he gets a negotiated agreement. They could not agree on three issues: franchise fee, Thompson Park gas linen overrun, and the relocations. Councilwoman Monfor asked if Enstar forgot that if the City had not sold them the Kenai Gas Company they would not be in the position they are in today. Williams stated he gently reminded them. Monfor added Enstar promised to treat the City fairly and KENAI CITY MARCH 15, PAGE 23 COUNCIL MEETING MINUTES 1995 honorably. Williams stated the first thing they did was shut down the office in the City of Kenai, layoff their employees, and move out of the citys f. street Light AgreemOut � Manninen reported light is working on an agreement with REA in regard tostreet maintenance. Either a proposed agreementbwebrought r an RFP for Councii on a private contractor to do the work will gt May 1. I-3, Attorney Graves reported he would be taking personal leave next week. I-4. City Clerk Clerk Freas referred to her memorandum included in the packet in regard to filling positions on the Personnel Arbitration Board Council suggested calling those persons who did not respond to her letter. Additional suggestions for placement on the Board were Mark Necessary, Dr. Peter Hansen, Joe Moorer Ronanothero Linda Chivers, John Steinbeck and Kippy e1 memorandum should be forwarded to employees for additional suggestions. =_5. Finance Director ` No report. IM6, Public works Director Xornelis reported the Corps of Engineers iill mmake a sitsions inspection of the bluff on March 20 at will follow the inspection. Discuss continued in regard to the information included ncl deder t n treatment packet by Kornelis on the OSHA inspection of the plant. The information'was included with Ordinance No. 1639-95 which was introduced during the meeting. Korne11 explained a other sewer treatment plants were lOSHA s weass safety engineer, and all were unaware re the Management Program. 0 • KLNAI CITY COiINCIL MEETING MINUTES MARCH 15, 1995 PAGE 24 1-7. Airport Manager Airport Manager Ernst reported the ticket counter renovation had begun and the carpet replacement bid packets were out and available. Repainting will be completed prior to the carpet being installed. All the work is to be completed by June 1, 1995. Ernst also reported the airport passed its recertification inspection. He, Keith Holland and fire department personnel were tested. This was the first inspection for which there was no letter of discrepancy filed. Ernst thanked the Fire Department for their cooperation. The FAA was thoroughly impressed. Monfor suggested a press release be sent to the newspaper. Williams asked if the Fire Department had heard back in regard to the insurance rating. Chief Burnett stated he had not heard anything yet. Williams suggested a press release be made on • behalf of the Fire Department and the Airport. All media should be included (Anchorage newspaper, as well as local radio stations). J-l. Citizens Emily DeForest - Reported she had attended a conference in Juneau where she was introduced to a new model of SLED. DeForest requested Council to urge the legislators to keep SLED in the Governor's budget. J-2. Council. Bookey - Asked if the new display case was going to be altered, etc. Kornelis replied he had spoken with the maker of the case and explained the problems. They will come to look at it in the next few days. Bookey suggested the case should be changed, moved, or given to another department since it is not what was wanted. Swarner - Reported she would be attending Legislative Committee meetings in Juneau on March 27, 28 and 29. Williams reminded Council the joint reception would be held on March 28 from 5:30 p.m. to 8:00 p.m. at the Baranof Hotel. . • 0 �J KENAI CITY COUNCIL MEETING MINUTES MARCH 15, 1995 PAGE 25 Swarner thanked the Fire Department for the party and stateci'her appreciation for the back-up information of CIP projects Kornelis prepared. Swarner also stated her concern that the Engineering Technician was mentioned at the work session to work on a master plan for the sand dune/beach area. Swarner stated she thought the Engineering Technician's first priority was to work on the safety issues. Swarner stated she received a complaint from a person who had used a taxi to go from the airport to her place of business. The passenger complained that there was no room in the truck for luggage due to spare tires stored there. The passenger was charged $2.00 for the trip and was not able to get a receipt. Williams stated he understood the concern, however there is no employee available to inspect cabs. Monfor - Nothing. Measles - Nothing. Bannock - Thanked the Fire Department for making a safety presentation at his work. Smalley - Thanked the Fire Department for the party. Informed Council he would be out of town next week and stated Bannock would attend the Planning & Zoning Commission meeting for him. Smalley suggested Council proceed with the evaluations during the April 5 meeting. Williams - Thanked the Fire Department for the party and congratulated Ernst for the FAA recertification of the airport. The meeting adjourned at approximately 10:15 p.m. Minutes transcribed and submitted by: Carol L. Tteas, city Cler