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HomeMy WebLinkAbout1995-04-05 Council Minutes• AGENDA RMAI CITY COMCIL- R11 � LAR MM3TI I�1G S ApRIL • ' 7900 P.R. XURZ CITY COUNCIL CH MBLRB 1. pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda are considered *Ali items listed winhcontroversialan asterisk (* by the Council and to be routine and no will be approved by one motion. There will be no sep arate arate discussion of these items unless a coucouncil Member so requests, in which se the item w and considered in its removed from the ConsentAgenda normal sequence on the agenda as part of the General Orders. aC go KW Ted Knight - Cunningham Park Proposed Expansion. 1. 2. (10 Minutes) uenry Rnackstedt - Proposed Camping Area South of Floatplane Basin. V oe No. 1634-95 - Amending K14C 14.20.320(b)(42) I. ordinance (Kenai Zoning Code)- 2, Ordinance No. 1635-95 - Amending the Kenmaenticipal Code Land use Table, Additional Requi e. 3. Ordinance No. i636-95 - Amending the KMC 14.20.105(c)(4) Townsite Historic (TSH) Zoning District, Historic District Board 4. Ordinance No. 1637-95 - Amending KMC 14.20-105()(4) Definitions. Townsite Historic (TSH) Zoning District, 5. or No: 163•-95 - Increasing Estimated Revenues nd and Appropriations by $10,757.57 in the O�,ceAistriat. for a Survey of the Kenai Townsite Histor -1- r', 6. Ordinance No. 1639-95 Increasing Estimated Revenues and Appropriations by $11,000"in a New.Capital.Project Fund Entitled 11S.T.P0 - Disinfection/Safety Program." 7. Resolution no. 930014" - Awarding. tits Bid for Kenai Airport Terminal Floor Covering- 3.995. to Decor Industries, Inc., for a Lump -Sum Amount of $371850.00. 8. 1995 Games of Chance and Contests of Gkiii XultIm Beneficiary Permit �►p. loation '- Multiple Charities Association Co-op (Kenai Peninsula Visherman'a Association, Kenai Elks Lodge and Juneau Moose Lodge 700) . 9. *1995 Pull -Tab Distributor License application - Fraink B. Burr, III - d/b/a Tabs Unlimited of Alaska. 10. *1995 Pull -Tab Vendor Registration - Funny River Chamber of Commerce. D • cowls8ION/C_ O s'T,8B RE MO 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 �. M NOTEB 1. *Joint Work Session of March 131 1995. 2. *Regular Meeting of March 15, 1995. I. 00=38PONDINCs 1. *3/23/95 Ed Rinner letter regarding KPB Overlay Ordinance. 2. *Greater Kenai Chamber of Commerce Resolution No, 95-03 Opposing the Kenai Peninsula Borough Kenai River Overlay District (KRD). 3. *3/16/95 Vesta Leigh letter regarding protection of sand dunes, etc. 4. *3/31/95 Brian C. Boyd letter regarding the Kenai -River. Overlay District Ordinance for Wards Cove Packing Company. 5. *3/27/95 George C."Silidea.letter regarding his opposition to proposed addition to Woodland Subdivision. • El • 6 • 1. Discussion/Approval - Ambulance Fee Schedule. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1640-95 - Increasing Estimated Revenues and Appropriations by $4,967 for the Airport Drainage and Safety Capital Project Fund. 4. *Ordinance No. 1641-95 - Increasing Estimated Revenues and Appropriations by.$100,000 in a New Capital Project Fund for Public Restrooms. S. *Ordinance No. 1642-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 6. *Ordinance No. 1643-95 - Increasing Estimated Revenues and Appropriations by $3,200 in the General Fund for Library Books. 7. Approval - Assignment of Lease for Security Purposes' - Lot 1, Block 2, General Aviation Apron and.Lot 3, Block 1, General Aviation Apron/From Southcentral Air, Inca to Vernon L. Loftstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt. a. Approval - Proposed security Assignment of Lease - Lot 3, Block 4, General Aviation Apron No. llFrom James F. Adolf to Kerry and Beth Wright, Scott and Royce Piggott, Alvin K. Wright, Raymond K. Wright, and Madge E. Wright. 9. Approval - Lease Application - Differential Global Position Site (DGPS)/U.S. Coast Guard, 10. Approval - Insurance Broker Selection. 11. Discussion - Contract Time Extension - site Assessment of Lots 13 and 14, CIIAP/Geo Engineers, 12. Discussion/Approval - Mission Street Improvements Additional Work/Mike Tauriainen, P.E. HBHOUTIVE SHOOION - (If time and scheduling allows,, the yearly evaluations of the City Manager, City Clerk and City Attorney may behold.) -3- I. ARXININTRRTXON RBPR?RT8 T. Mayor .Z. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. .Public Worms Director 7. Urport Manager 1. Citizens (five minutes) 2. Council Mayor p•m• A•10 .. R�iOC� �gTtti�; R$BAI CITY CC y go 1995 A► 7 S 00 p.�t. CRWg$RS CIts FK,'81D1116 Wolt 'Jos, iC�WAI CITY wILLIA ► ate1Y 7•Q3 C at app 11 Building - the Seating to order City Ra d the Xgnai calls Chamberg in Witte council in Mayor Williams A•2• Roll was eoo]ceY ► P.-5 • Mayor led those as8e9bled the City Clerk. taken byon for , 14easles 0 ter in the pledge Cf Allegiance. were Williams► present sma11ey. Bannock and swari � ID O es to the agenda. a Chang ested the following Williams req"` aa,,�o,�,Ag p ini 1etter iarY OD TO: ti-e�,ef is As C-e ► Mul builders ermit f ro of Kenai . Kenai 3/31/ 95 denial of any p CitY requestinbased outside the non -profits ittees _ Application lapeOvs Cow t on the Beautifi_ D.7 • MbsNo d for placemen of Ba ittee• n cation Comm ttogs _ Diane i tot�C i Town K Misaa11ansO atio°nffrom D 7 ► resign at of r � 4 / 3 / 95 Board. se VrOxer ge1eati° letter• g-10► Iasi: insurance & Associates we 413/95 Walters Bel the letter• aroker g-10► tnsnraA°insurance Ca Last Frontier = 8eleotiolk " 4 / 5 / 9 Insuranoe Dx°k0 I-10► letter. 4/ 95 Brown Agency er gel®ati°�► ' S/ Bro1c Cache Adel. M'10' lartie °YnsuranCe Last Fronawlea 4:30 p•n• 3128 _ /95 Governor Report d xB270 (retireuent I-1► MsYO=g ding SB137 an ADD TOs letter regar rams) • incentive prod • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 2 1"10 Nayors Report - KPB Ordinance No. 94-52 (Substitute). NOTIONS • Councilman Smalley ROVEfor approval of.the amended agenda and. requested =JWZMOQB coxamme Councilwoman Swarner BECOXDXD the motion. There were no objections. 80 ODDBggoo A-6• Mayor Williams reported there were no changes to the Consent Agenda, MOTIONS Councilman Smalley KOVBD for approval of the consent agenda as ,Y';,.; presented. Councilwoman Swarner BECONDED the motion. There were no objections. so OIDERND. MMI as ROOMED IM1.0 cp tarr H-1• Ted night - Cunningham Park Proposed Expansion, xpansion. Mr. Knight introduced himself and stated his residence. -as 2506 Rose Lane which is adjacent to the property which would be used for the -proposed Cunningham Park expansion, Knight stated he objected to the.expansion oftthe parka His neighbors object to the expansion as well. Knight added, if expanded as proposed, more people will -be usin the park and trespassing onto his property. As it is, he has g hundreds of people who come on to his property to fish from, the banks. Expanding the park will bring 1.0oos of people. Knight stated he was troubled he had received no notice of:the Proposed expansion. He had just heard about it by chance. Because of the large amount of foot traffic, there is a lot. of erosion along the property. He feels if the ark is e` the value of the residential area that surrounds the park, will diminish substantiallYs'If. the park is expanded, Knight believed, • he should be compensated for the loss of his home along the river. KENAI CITY COUNCIL MEETING MINUTES APRIL 51 1995 PAGE 3 Smalley referred to the memorandum included in the packet which stated his estimated loss of property at $200,000. Smalley asked what the $200,000 included. Knight answered, "everything he owns there." Williams asked what the Borough's appraised value of his property was. Knight answered he did not know. Williams asked Public Works Director Kornelis if there was any potential for the approval of the grant application. Kornelis reported the grant had been submitted in October, 1994. At this time, they have not heard if the grant has been approved. Bookey asked when the rating board was to meet. Kornelis answered he did not know. Manninen stated the board had met a few times. The Kenai representative was not present at any of the meetings. He has not heard anything more than that. It has been stated in the newspaper the Governor is to make an announcement soon. Williams stated he believes the grant application has a slim chance of approval. He suggested they wait and see if the grant is approved. If the money is awarded, there will have to be public hearings to take public input as to whether or not the park expansion should go forward. The City will not spend $500,000 of its money to expand the park. Smalley asked if the additional lots to be used for the expansion are still privately owned. Williams answered yes. Chris Garcia - P.O. Box 203, Kenai, AK. Garcia asked if the owner of the additional lots has been approached for the possible sale of the lots. Williams answered there have been discussions in the past and the owner stated he is willing to sell the lots. Garcia stated a few years ago there was a property owner in the vicinity who wanted to develop a RV park. The adjacent residents objected and it was not built. Garcia suggested a park be developed below the bridge and the present Cunningham Park be closed. He had tried to sell his property a few years ago and had two people interested. When they found out about the park, they were no longer interested in purchasing. Garcia added he believed it would be better that the park not be expanded. Williams asked Garcia his opinion of developing a park on the Chester Cone property. Garcia stated he thought that area would be better as there are no neighboring residential areas. • RENAI CITY COUNCIL M88TING AIINOTfiS APRIL 5, 1995 PAGE 4 Williams asked Garcia his opinion of Cunningham Park. Garcia answered the.park needs policing; emptying of the restrooms more often; the garbage needs to be picked up more often, etc. Garcia stated he would prefer the park be closed. People throw their garbage over the fence and onto his property. Councilwoman Swarner reported the council has determined to build a new restroom at the park at an approximate cost of $408,000, Garcia &lso suggested a pay telephone be placed at the park, as well as larger signs saying, "don't drive in the river." Garcia added he appreciated what Council has done in regard to their position on the overlay district. Ernie Xnackstedt - Stated he has lived on the river since before Beaver Loop Road was placed. The property for Cunningham Park was given for kids to have a playground. Suggested the park sign be larger and placed higher so it can be seen over the grass. Williams stated Council would investigate changing the signs. Larry Rosso - A neighbor of Ted Knight. Rosco added his objection to the expansion of the park. He said he believed the proposed design was not well -planned. He believed the park needs to be in a better public area instead of in a residential area. Rosco stated he was aware of several instances where offers were not made to purchase adjacent properties to the park because of the park. He personally believes the City has been very neglectful in not policing and controlling the park and protecting the residential area. Williams reported that if the park ceases to be a park, the property will then revert back to the heirs of the estate. This is something the Council will need to discuss in the future. It would be nice if the City.could sell the park property and use the money to purchase property further down the river and develop it instead. Tout Moore - Lives across the road from the park. Moore read into the record a letter from Pat Doyle: April 5, 1995 City of Kenai 210 Fidalgo Kenai, Alaska 99611 • KENAI CITY COUNCIL MEETING MINUTES APRIL 51 1995 PAGE 5 Re: The Expansion of Cunningham Park Attention: City Council Members Two years ago I made a proposal to install a RV Park across from Cunningham Park. At that time, I was not aware of the problem the residents were having with the fishermen. The residents voiced their objections and I believe they were justified in doing so. That was the reason I dropped the idea of installing the RV Park. Sincerely, s/Patrick J. Doyle Patrick J. Doyle HC01 Box 1225 Kenai Alaska 99611 Moore informed Council he recently.built a home across the roam from the park and was aware the park was there. He has seen the proposed expansion plans. The park will be -much larger. He did not build his home knowing the intention for the enlargement. Moore added he believed the placement of a telephone at the park would be a good idea. He has people knocking on his door at all hours of the day and night needing help to be pulled from the river, or their dead batteries jumped, etc. This is very inconvenient for him and his neighbors. Williams stated the Administration would contact the tele hoi company and request a telephone be placed at the park. p ae 2'2• Raarp Knackstedt - Proposed Camping Area South of Floatplane Basin, Henry Knackstedt - 108 Dee wood.Court. representing the Airport ommission and'' ef�rred� ogthged.he was information included in the packet in regard'to the proposed camping area at the south and of the floatplane basin... Knackstedt stated the Colftission reels the placement o the camping area will increase the activity at the basin and will encourage people who use the camping spaces to come of Kenai. into the City • KENAI CITY COUNCIL MEETING MINUTES APRIL 51 1995 PAGE 6 The camping area is a good distance from Woodland Subdivision* This is a simple design. There is sufficient at the airport to use, however some gravel may need tbe rantrants sported. The c Parks & Recreation Department will placePs tables. Councilman Smalley asked if they foresaw c® s tocthetcamping areas Airport Managerfloatplanernst ed the basin users. would be by the Knackstedt added he believed it would be difficult for transients to get into that area. They will also want place for water. A port-a-pottie would be placed there for summer use. Councilwoman Swarner asked why only floatplane basin users would be using the facility. There are people living Einst answered, around that area. People will try to get in. because of the fence and gate accessibility, thearea for someone ybea policing problem. Smalley added, therequirement using the area will be that they have to have a floatplane. Knackstedt suggested the sign state the camping area is for not cost a lot floatplane users only. Knackstedt added it If security becomes a problem, for installing the camping area. the camping area could be obliterated. Williams stated he believed it was worth trying for the summer. Knackstedt referred to the topographical map included in the packet. At this time there are to beadditionally four aspoting s toobe developed. However, there is room for developed in the future. The camping information will also be. placed in airport information pamphlets. Williams noted there were no objections fro it works* to continue with the development of the plan and gee TM $ $un= REAAIHaS C-1. ordinance No. 2634�-95 - Amending KMC 14.20.32O(b)(42)' Definitions (Kenai Zoning Code). MOTIONI Councilman Smalley MOVED for adoptionof Ordinance No. 1634-95 and Councilwoman Swarner osCONDED the r to • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 7 There were public comments. Councilman Smalley'stated the ordinance would clear up some language in the Code. There were no other comments front Council. VOTES Williams** Yes Bookey: Yes Swarner Yes Monfort Yes Measles: Yes Bannock: Yes Smalley: Yes 0 NOTION PASSED tniU�N MoVeLY. C-20 Ordiaanaa Ma. 1435-95 - Amending the Kenai Municipal Code Land Use Table, Additional Requirements. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1635-95 and Councilman Measles SECONDED the motion. There were no public or council comments. VOWN8 Williams: Yes Monfor: Yes Smalley: Yes Bookey: Yes Measles: Yes MOTION PASSED II =2XO9SLY. Swarner: Yes Bannock: Yes C-3. Ordinance NO'. 1436-95 - Amending the KMC 14.200105(c),,(4) Townsite Historic (TSH) Zoning Districto Historic District Board Duties, NOTION$ Councilwoman Monfor MOVED for adoption of Ordinance No. 1636--95 and Councilman: Smalley one LADED, the motion. There were.no.public comments. Williams noted it is being requested,to have an annual survey instead of every lien years.. Is . there a cost to - it?''councilwoman Monfor ~stated -she did not know the answer to that, however, the Code could be amended later. The.survey could be just paperwork and not in depth. • • 0 KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 8 Manninen stated he thought this should be clarified. Is the council willing to have a survey done every year if the intent is the cost would be $10,000. Williams noted 3/5 of the survey is to be paid with grant funds. VOTES Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: No Smalley: Yes NOTION PASSED 9VAN INOUSLY. C-40 Ordinance No. 1637-95 - Amending KMC 14.20.105(m)(4) Townsite Historic (TSH) Zoning District, Definitions. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1637-95 and Councilwoman Monfor SECONDED the motion. There were no public or council continents. VOTES Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. 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. NOTIONS Councilwoman Monfor MOVED for adoption of Ordinance No. 1630 -95 and Councilman Measles SECONDED the motion. There were no public comments. Councilwoman Monfor noted in reference to Ordinance No. 1636-95, "the survey shall be updated annually." "Updated" does not necessarily mean additional costs. 0 RffiiAI CITY COUAiCIL FIB&TING MIN[M'ES APRIL S, 1995 PAGE 9 VOTE: Williams: Yes Bookey: Yes. Swarner: Yes Monfor:' Yes Measles: Yes Bannock: Yes Smalley: Yes XOTION PABBED VNANMUGLY. C-6. Ordinance Noe 1639-95 - Increasing Estimated Revenues and Appropriations by $11,000 in a New Capital Project Fund Entitled "S.T.P. - Disinfection/safety Program." Mayor Williams noted the request from Public Works to table the ordinance. MOTION: Councilwoman Monfor MOVED to table Ordinance No. 1639-95 and to councilwoman Swarner BECONDED the motion. There were no objections.. 80 ORDBABD. C-70 Resolution No. 98-14 - Awarding the Bid for Kenai Airport Terminal Floor Covering - 1995 to Decor Industries, Inc., fora Lump sum Amount of $370,850.00.. MOTrON: councilwoman Monfor MOVED for approval of .Resolution No. 95-14 and requested ONAN.XKOVB C091B1019. Councilwoman Swarner- BLCONDED the motion. There were no public or Council comments. VOTB:` There were.no objections. 11 80 ORDaR8D. Airport Manager Ernst reported.there was.an additional cost of $350 for the.skirting.ow the staircase,which.he had not added in. This was an addendum item which wag distributed.two days prior'to the opening. The total bid for Decor.lndustriee,,Inc.. would then, be $3&vgoo. Mayor -Williams noted that total would still be below the other bids received. A short break was taken to review the carpet samples.and determine the color of carpet to have placed.. • KENAI CITY CODNCIL MEBTING MINUTES APRIL 51 1995 PAGE 10 $vsn a 7:43 P.K. BACK To ORDER: 7t80 P.M. lioTlONt Councilman Smalley MOVED to choose Carpet Sample 02 (grayish color) for placement at the Kenai Municipal Airport. Councilman Measles 88CONDND the motion. Councilwoman Swarner objected. MOTION 1188E0. C-e. 1993 canes of Chance and Contents of skill Multi - Beneficiary Permit Application - Multiple Charities Association Co-op (Kenai Peninsula Fisherman's Association, Kenai Elks Lodge and Juneau Moose Lodge 700)0. Williams referred to the letter received from the builders association. It was also noted the application for the multiple beneficiaries permit has all the information required and requested from Council. NOTION: Councilman Smalley MOVED for approval of the Games of Chance and Contests of Skill Multi -Beneficiary Permit Application as submitted. Councilwoman Monfor sECONDLD the motion. Jack Reatherton - Representing the VFW 10046 in Soldotna. Heatherton spoke.in_opposition to the.application stating his. organization believed the inclusion of the Juneau Moose Lodge would take monies away from this area. Heatherton also questioned the amount of money to be paid to the members in charge. Heatherton informed Council that Representative Navarre has introduced HB 271 which is to give the municipalities an opportunity to have a ordinance passed to disallow gaming in their community being conducted by an operator, vendor, or multiple beneficiary permit. Ieatherton added after review of the application, he believes it wll.be determined -this particular operation is skirting the operators regulations. Monfor, referring f ring to HB 271, asked Graves if .Council s actions. would be basically moot. Graves stated that was his K6NAI CITY COUNCIL MBETING MINUTES APRIL 51 1995 PAGE 10 alwas 7345 P*X* BACIt TO ORDER s 7 s 50 P & M. MOTION: Councilman Smalley MOVED to choose Carpet Sample 02 (grayish color) for placement at the Kenai Municipal Airport. Councilman Measles 881oNDLD the motion. Councilwoman Swarner objected. MOTION PASSED. C-8. 199s Qames of Chance and Contests of skill Muiti. Beneficiary Permit Application - Multiple Charities Association Co-op (Kenai -Peninsula Fisherman's Association, Kenai Elks Lodge and Juneau Moose Lodge 700) . Williams referred to the letter received from the builders association. It was also noted the application for the multiple 40 beneficiaries permit has all the information required and requested from Council. MOTIONs Councilman Smalley MOVED for approval of the Games of Chance and Contests of Skill Multi -Beneficiary Permit Application as submitted. Councilwoman Monfor BECONDED the motion. Jack Heatherton - Representing the VFW 10046 in Soldotna. Heatherton spoke in opposition to the application stating his organization believed the inclusion of the Juneau Moose Lodge would take monies away from this area. Heatherton also questioned the amount of money to be paid to the members in charge. Heatherton informed Council that Representative Navarre has introduced HS 271 which is to give the municipalities an opportunity to have a ordinance passed to disallow gaming in ..their community being conducted by an operator, vendor, or multiple beneficiary permit. Heatherton added after review of the application, he believes it will be determined this particular operation is skirting the operators regulations. Mo nfor, referring to HS 2714, asked Graves if Council s actions. would be basically moot. Graves stated that was his KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 11 understanding. The state will still issue the permit,,however he is not indicating he agrees with the policy. Monfor asked if the applicants were already in business. Graves answered he has seen the sign up. Monfor added she did not know why the council was dealing with it. Discussion followed in regard to the state's issuance of permits. Williams stated the City has no authority in the issuance of the permits. Clerk Freas reported her discussions with gaming, officials in Anchorage in which she was told they have never denied any permits that have been objected to, unless there is an ordinance in the community stating they are not allowed, etc. Williams asked how the permit could be operating if it had not been acted on by Council. Carl curshaw - President, Kenai Fishermens' Association. Requested approval of the multiple -beneficiary permit. Curshaw 40 stated all the necessary information has been submitted. He thanked Councilman Bannock and Mayor Williams for coming to their meeting and listened to their explanation of how the monies raised with this permit will stay in the area. Curshaw stated there are three businesses in Juneau who will be using the permit. Monies raised by them will be distributed equally. People's fears are unfounded. They believe their activities will bring more players into the area and benefit everyone. The gaming now going on at the bowling alley is under the Fishermens Association permit. They will be involving the Kenai Elks Club and Tanaina Corporation. The persons receiving salaries will be handling the operations for six groups. There is complicated paperwork entailed. They believe paying these people will make the process work better. Curshaw reported his discussions with Representative Navarre.in regard to HB 271. Curshaw stated after speaking with Navarro, Navarre stated he would consider making some changes to the bill. Discussion followed. Williams discussed the bill. Measles.ask, if the bill passes as it now reads, .could it ' be. grandfathered with any ordinance the council may pass in regard to gaming, in. the future. Graves.; stated. he believed so, bust ,would._ need to review it further. Measles suggested the City may decide to prohibit.gaming in the community and asked whether taking no.,action or disapproval of KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 12 the permit would be appropriate and let the State do what it wants. Graves stated yes, if the bill passes. Williams suggested the Clerk write "no comment" on the permit and send it in. Graves suggested no signature as any signature on it may be seen as an approval. Graves suggested the Clerk send a letter with the permit and state Council took no action. Monfor reminded Council at the last meeting, she would have voted to approve the permit because there have been no objections to other permits in the past. Monfor stated she felt now the Council would need to set a policy regarding the permits with the passage of the bill. Council needs to consider equity. They could be opening themselves for a complaint of discrimination. Monfor added she believed she may have a conflict in regard to bingo as the KBVCC has a permit and bingo is one of their big money makers. Williams stated he did not think she had a conflict. Williams added there is a question of liability ih acting in an official manner, however they have not appointed themselves to act in an official manner. Curshaw stated he believed no action now would be like a disapproval. If Council takes no action, he requested a statement saying the City chooses not to be involved. Councilman Smalley stated he felt the same as Monfor at the last meeting in regard to past practices of the council. However,_ there were three times the City objected to permit applications. All were from groups out of the area. One was because the entity didn't have a good working relationship with the City; one because no one in the group was from the area; and one because. the entity had some charges filed against it. There is a precedent set for objecting to applications. Curshaw mentioned the Clerk had some stringent rules for getting the application to her and so the Tanaina Corporation permit application was not turned in on time. Smalley added he believed he may have a conflict as he is a member of the Elks Club. Williams ruled it was not a conflict issue due to the community interest involved. Smalley stated he made the motion and there was second. There has been discussion in regard to taking no action. Smalley asked. I • RENAI CITY COUNCIL MEETING MINOTES APRIL 5, 1995 PADS 13 if the council voted the motion down, would that be the same as taking no action.. Graves stated he could remove the motion with the approval of the second. Discussion continued.. Freas reviewed information she received from gaming officials. Freas also added she had conversations with the representative from the Tanaina Corporations and told her when the deadline was for receiving information for the packet and in order for the item to.be placed on the agenda. Freas added the information was received Trom Tanaina Corporation around 3:00 p.m. on Friday afternoon. Much too late to be included on the agenda. Williams reviewed the gaming statutes. WITNDRANAL OF NOTION Councilman Smalley stated he would withdraw his motion with permission of the second. Councilwoman Monfor (second) did not object. Mayor Williams accepted the withdrawal of the motion. NOTICR OF RRCONBIDUATION: Councilman Measles requested reconsideration of item C-g (front the consent agenda). Graves advised Council could officially take no action or not do anything and the Clerk can send a letter to the Commissioner. Monfor asked why the application requests signature/approval from the local government? Graves stated as he recollected Title 5, the regulations require applicants to show the application to the local government for approval, etc. Theregulations do not require the State to listen to the actions taken by the local government. Mika Baxter - Baxter stated it has been explained to him the approval for the local government is only on the application in case there is local sales tax. Paul Lunn - American Legion and Sons of American Legion 40/8-. Lunn noted the multiple -beneficiary application doesnot ask where the funds will be distributed and the individual permit applications do. It is not known if thefunds raised with the MBP will be used for lobbying or something. else. Lunn also stated his concerns of the compensation to be paid to the • • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 14 primaries on the MBP. Williams stated he understood his concerns, however, that is not something the Council can address. Lunn added their concerns the MBP will take monies from this area out of the area. Swarner asked if this MBP had been sent to the Borough. Answer was not known. Freas added the Borough Clerk signs them without the Assembly's review. She has been told most local governments do not review them. The Clerk just signs them with council review. Jack Heatherton - Informed Council he received his application with a cover letter that noted they enclosed "unofficial regulations.11 Heatherton added he understands the City Is predicament and agreed Council should take no action. Heatherton also stated he felt George Wright had a conflict with being an operator and being on the Governor's Gaming Task Force. Councilman Bannock stated he had planned on voting yes on the approval of the permit. However, if Council wished to take no action, he would support that. NO ACTION TAKEN. C-9, 1995 Pull -Tab Distributor License Application - Frank B. Burr, III - d/b/a Tabs Unlimited of Alaska. Councilman Measles requested Item C-9 be placed on the regular agenda. MOTIONS Councilman Measles MOVED to take no action on Item C-9. Councilman Bookey BECONDED the motion. There were no objections. 80 ORDRRRD. C-10. 1995 Pull -Tab Vendor Registration - Funny River Chamber. of Commerce. Approved by consent agenda. BREAK: 8 s 4 5 B.M. BACK TO ORDERS 9:00 B.M. • 1� • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 15 D-l. Council on Aging Councilwoman Swarner reported the minutes of the last meeting were included in the packet. At thatomeetingt an election was held. The new chairperson is Sam-Huddleston. A volunteer dinner has been scheduled for the end of'the month. D-2. Airport Commission Councilman Measles reported the April meeting will be held the 13th. D-3. Harbor Commission Councilman Bookey reported the next meeting will be held on April 11, 1995. D-4, Library Commission Councilwoman Monfor reported the April calendar was included in the packet. Monfor also reported the Commission met on April 4 at which time they had a very productive meeting. The Friends of the Library purchased $70400 in books and videos during 1993-94. The library now has 120325 registered borrowers including 6,163 Kenai city residents; 20537 Soldotna residents; and 2,331 Nikiski residents. The remainder of the borrowers are from other areas of the Peninsula. There were 79 patrons at the Library on Sunday, April 2, 1999 and 122 checkouts. Most of those persons using the Library on Sunday were doing reference work for colleges and term papers. The volunteers who worked on Sunday were members. 'of Friends of the Library and the Library Commission. There will be no Sunday opening on Easter Sunday (April 16). D-5parks i Recreation commission Councilman Bannock reported the next scheduled meeting will be held. on April 6, 1995. planning 6 zoning Commission Councilman Smalley reported he'was unable .to.attend the last meeting. However, Councilman Bannock did attend for him. . KENAI CITY COUNCIL MISETING MINUTES APRIL 51 1995 PAGE 16 Smalley stated it was a very good meeting, however two of the items could not be voted on due to abstention of one of the commissioners, leaving no quorum for those items. Those two major issues were about a plat approval and rezoning of Richka Creek Estates. There were a lot of people who turned out to give testimony in regard to these items. Further testimony will be taken at the April 12, 1995 Commission meeting. Smalley added the Commission is taking the necessary steps to repeal the conditional use permit for Coyle's Landing Bed & Breakfast. D-7. Miscellaneous Commissions and Committees Beautification Committee - Councilwoman Swarner reported the Committee will meet again on Tuesday, April 11 at their new meeting time, 5:30 p.m. Swarner noted the application received from Barb Nord for placement on the Committee. Swarner added another application should be forthcoming. Swarner reported the Committee is actively looking for weeding/ watering/planting volunteers for the summer. Swarner asked Council if they had any ideas for acquiring volunteers. Clerk Freas noted she was asked by the Committee Chair if it was appropriate for the need for volunteers to be advertised with the cable company on their community information listing. Freas stated she advised her that it would be appropriate for the Committee to request such an advertisement be placed through the support secretary in City Hall. Swarner referred to the thank -you letter included in the packet from the Parks & Recreation Director to Lynden Transport. Lynden Transport donated bulbs to be planted throughout the City. Swarner stated the donation of the bulbs will be more costly for the City as they will require additional care. Many of the bulbs are perennial. Volunteers are taking care of the bulbs at this time. Bicentennial visitors i Cultural Center - Councilwoman Monfor reported the Board had a meeting two weeks ago. The Center is moving forward and will have many programs scheduled for the summer, i.e. The Ballad of Kenai will be performed and other events are planned for the summer weekends. The events will be family oriented, as well as featuring the area history, etc. r KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 17 Williams reminded Council the Kenai Performers have been looking some place to perform. Williams suggested at some time in the future the building could be extended in order to build a stage. Monfor also reported the Center received a grant of $10900 for a curator who will begin the work in November. Swarner referred to the application of Barb Nord, for placement on the Beautification Committee, which was included,in the packet. Williams noted there were no objections to the appointment of Ms. Nord to the Beautification Committee. Clerk Freas will send the necessary information and confirmation letter to Ms. Nord, Historic District Board - Councilman Bookey reported he did not attend the last meeting as he was in Juneau for AML meetings. The letter of resignation of Diane Rathman was noted and accepted. Council reviewed other applications on file and 40 requested an advertisement be placed urging participation.on the Board. Clerk Freas was asked to check on the cost for placing advertisements on Prime Cable's community news, etc. �8192!7" B-1., Joint Work Session of March 13, 1995, Approved by consent agenda. 2-2. Regular Meeting of March 15, 1995. Approved by consent agenda. ITEM CORRESPO H o F-1. *3/23/95 Ed Rinner letter regarding KPB Overlay Ordinance. F-2. *Greater Kenai Chamber of Commerce Resolution No. 95-03 - Opposing the Kenai Peninsula Borough Kenai River Overlay District (KRD). F-3. *3/16/95 Vesta Leigh letter regarding protection o.' sand dunes, etc. IV F-4. *3/31/95 Brian C. Boyd letter regarding the Kenai River Overlay District Ordinance for Wards Cove Packing Company. • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 18 *3/27/95 George C. Silides letter regarding his opposition to proposed addition to Woodland Subdivision. 0-10 Disoussion/Approval - Ambulance gee Schedule. LOTION= Councilman Smalley MOVED for the City of Kenai to adopt Option IV as the ambulance fee schedule indicated on Page 2 of the 2/22/95.• memorandum. Councilman Bookey SECONDED the motion. Smalley stated he recommended this option as it spoke to the public testimony given and reflects a true reimbursement for services given. Councilman Bookey agreed, adding he fully believed this option will give a cash flow for running the ambulance and reflects what was stated in the public hearing. He did not thinly additional funds need to be taken on to buy other equipment, etc. The fee is not needed to generate a cash surplus. The $124,000 will do that. LOTION TO AX= t Councilman Measles MOVED to amend the motion and insert Option III. Councilwoman Monfor SECONDED the motion. Councilman Smalley stated the amendment was out of order. This is a completely different motion. City Attorney Graves asked if the motion was to amend the proposal to incorporate Option Ili. Williams answered yes. Graves stated as the original motion was worded, he believed the motion could be amended on -the floor. If Council does not want to substitute with Option III, the amendment should be voted down. Graves stated it was an appropriate motion. Councilman Measles pointed out there was a discrepancy from what is indicated in the memorandum for Option III and Level IV. The correction was noted (the proposed fee at Level IV should lie $1,000, not $150). Councilman Bannock stated he liked option III because he.prefers the $325 proposed fee for Level I. He did not see a major KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 19 difference in billing. It should be simple and effective. Bannock added he would support that plan. Councilman Smalley stated he would vote against the amendments because he did not think funds needed to be generated. If that is needed, they should readvertise to alert the public of what they want to do with the funds. Councilman Measles stated about one-half of the possible revenues would not be received. Councilwoman Monfor stated she would support Option III. Monfor reminded Council that Mayor Williams sent out letters to a number of Kenai residents inviting them to attend the public hearing and give testimony. Of approximately 71000 residents, only about 12 People attended the public hearing. Monfor added she had very few telephone calls the first time the ambulance fee was discussed. The last time, she received no telephone calls about it. Monfor stated there is nothingthat says ye to stay with Option III. The service will no longer behafreeride, Bookey stated he disagreed. The ambulance service has been provided through the General Fund. It has not been a free ride. During discussions, it was said they would need to generate one- half a mill in five years. Any amount in excess of that is not acceptable. Is the City prepared to reimburse constituents for property taxes, etc.? Williams noted the new budget will be based on the assumption of loss of revenue, i.e. municipal assistance and revenue sharing. It is estimated that approximately $80,000 will be cut this year and in the following four years another ten percent each year. Enstar has discoverod they don't have to pay the City a franchise fee anymore and that is a loss of $50,000. Also, there has been a drop in sales tax. The City will lose more revenue with these items than what will be gained by the ambulance fee. Council is aware they aid not intend for the fee to replace other revenue, but to the General Fund, revenue is revenue. Williams added he agrees with Councilman Measles. Once the fee is instituted, he doubts there will be as many calls for service as there have been in the past. There will be an amount which will be written off as well. He will support Option III. e • 0 KENAI CITY COUNCIL MEETING MINUTES APRIL S. 1995 PAGE 20 Williams added there will be no fee for calls if it is determined no transport'is necessary. There will be no fee..for standby At KCHS (football games, etc. ) . ' Walk-ins who may require treatment, but do not nbed-transport, will not be charged an ambulance fee. VOTE ON BNT t Williams: Yes Bookey:. No Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: No NOTION PABOSD. VOTE ON A -9- 11OTION: Williams: Yes Monfor: Yes Smalley: No MOTION PASOND. Bookey: No Measles: Yes Swarner: Yes Bannock: Yea Ambulance Fee Option III was approved. Williams asked when the effective date would be. Attorney Graves stated the Code allows the city manager to stet the effective date and bring back to Council at the next meeting for final approval. Williams stated if Council, At that time, chooses to amend the fee, Administration would go from there. Manninen noted in his 3/1/95 memorandum he stated -the- effective -date could be May-1, but it would probably be better to make it June 1. 8-1• Hills to be paid, Bills to be Ratified MOTION= Councilman 5malley..MOVSD to pay the bills and Councilman Measles BSCONDED the motion. There were.no objections: 80 ORDERED. H-2 • Purchase .OX4 C Zcoe•eing f a, soo LJ KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 21 NOTIONS Councilwoman Monfor MOVED to pay the purchase orders exceeding. $2,500 and Councilman Smalley BECONDED the motion. There were no objections. 80 ORDERED. N-2. Ordinance No. 1640-95 - Increasing Estimated Revenues and Appropriations by $4,067 for the Airport Drainage and Safety Capital Project Fund. Approved by consent agenda. Ordinance No. 1641-95 - Increasing Estimated Revenues and Appropriations by $100,000 in a New Capital Project Fund for Public Restrooms. Approved by consent agenda. Ordinance No. 1642-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Foods Special Assessments. Approved by consent agenda. M-6. Ordinance No. 1643-95 - Increasing Estimated Revenues and Appropriations by $3,200 in the General Fund for Library Books. Approved by consent agenda. Approval - Assignment of Lease for Security Purposes - Lot 1, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron/From Southcentral'Air, Inca to Vernon L. Loftstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofetedt. Administrative Assistant Kim Howard informed Council the lessees were current in lease payments, property and sales taxes. XOTsONI Councilman Smalley MOVED for approval of the Assignment of Lease for Security Purposes - Lot 11 Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron/From Southcentral Air, • REliAI CITY COUNCIL MELTING MINUTES APRIL 5, 1995 PAGE 22 Inc. to Vernon L. Loftstedt, Sr., Muriel Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt. Councilwoman Swarner SECONDED the motion. There were no Council comments. VOTES Mayor Williams asked if there were objections to MMMIMOVB CONSENT. There were no objections. 80 ORDERED, N-8. Approval - Proposed Security Assignment of Lease - Lot 3, Block 4, General Aviation Apron No. 1/From James F. Adolf to Kerry and Beth Wright, Scott and Royce Piggott, Alvin K. Wright, Raymond K. Wright, and Madge E. Wright. MOTION: Councilwoman Swarner MOVED for approval of the proposed assignment of lease and Councilwoman Monfor SECONDED the motion. Swarner asked Attorney Graves if there were any problems with this request. Graves stated no. Swarner asked if the lessee was current with lease payments. Howard stated they were current. VOTES There were no objections to the motion. 80 ORDERED, K-9. Approval - Lease Application - Differential Global Position Site (DGPS)/U.S. Coast Guard. MOTION: Councilwoman Monfor MOVED for approval of the lease application with the U.S. Coast Guard for the Differential Global Position Site (DGPS) to be situated off of Willow and Marathon Road. ..Councilwoman Swarner SECONDED the motion and requested VNANtMOVs COMBS M Williams noted this lease would tie up a 23 acre site at no lease price. Bannock stated the return would be when someone is lost in the Inlet. Williams will be glad the DGPS is there. • 0 • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 23 VOTE$ There were no objections to the motion. 00 ORDERED, K-10. Approval - Insurance Broker Selection. Williams noted there had been a lot of material forwarded to Council, plus that which was added to the agenda at the beginning of the meeting. Williams also noted representatives of different insurance companies were in attendance. Williams requested Administration make their presentation of how the brokers were selected and then Council would discuss the matter. Manninen stated the insurance bidding in the past had been a heated issue. It was decided to request a brokerage bid instead of having bid packages. The bid specifications were approved by council and then staff reviewed the proposals and their recommendation was included in the council packet. Manninen added he called references of the companies selected. They were all positive. The staffs recommendation is to award the property insurance to the Brown Agency and the employee benefits to Last Frontier. Manninen went on to say he felt the recommendations are qualified - but the choice is up to council. Several letters which were forwarded to City Hall were not answered by Administration. They held no further meetings as they did not want to compromise the recommendation they had already made. Williams chided the insurance companies for the lobbying, etc. which usurped the process without benefit of the council. Council would briefly discuss the matter and then decide whether to approve the recommendation or remand the matter back to Administration for further review. Williams added council had determined in the past to deal with local companies. However, they have discussed going into the JIA insurance pool or go to Cigna directly. Williams asked Council what action they wanted to take. Bannock asked if Administration wanted to respond to the letters received. Manninen answered they would respond to specific questions if they are pertinent or anything Council wants. Monfor stated she did not want to listen to the individual companies' response to the recommendation, etc. She was not i • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 24 comfortable with the letters sent. Monfor added she is not.an insurance expert and that is why the Council pays the Finance Director, City Attorney and City Manager to make such determinations. What needs to be decided is what is best for the City in savings and benefits. Last year Finance Director Brown took a lot of time to review the proposals and make a recommendation and took a lot of heat. He shouldn't have had to do that. The Council hired the City Manager and City Attorney directly and if they make a recommendation, that's what Council should support. They have the knowledge and the expertise. Swarner stated she agreed with Monfor about Administration and the proposals. Swarner added she was not willing to listen to the individual companies either. Bookey agreed and stated he had some specific questions, but would hold them at this time. Councilman Smalley stated he wholeheartedly agreed with Monfor, Swarner and Bookey. Smalley asked if all the information requested was included in all the proposals. Graves answered the main issue questioned by some was whether two of the firms submitted financial statements as requested. Two of the firms submitted their financial statements in separate envelopes. He did not think a court would throw out the process because of that. Some of the firms requested to keep their financial statements confidential. Administration told them they could request the confidentiality, however they wouldn't be confidential. If someone asked for the statement., it would be given out. The -two firms who did not submit financial statements were not close in the running. Councilman Bannock stated he was not comfortable with the recommendation and could not support it without better understanding or without answers to the questions asked by -the firms in their letters. Bannock suggested Administration invite the firms to lunch and re-evaluate the proposals. Bookey stated the three firms present were all capable to do the insurance. The City sent out the RFP and to him it is the -same as a bid for a construction bid. The City always awards the, lowest bid, etc. He was concerned that the financial statement request in the RFP was not adhered to when it was requested to keep them confidential. If the Brown Agency was the low bidder but wanted their financial statement kept confidential, then.the • u KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 25 bid should go to the next bidder, who would have been Last Frontier. Smalley agreed with Bookey. Williams stated his concern that there were many ambiguities in regard to the commission which would be received. If it is not known what commissions will be received, etc., how do they know who is the real low bidder. Swarner stated Administration was instructed to go out for RFPs. They did that. She did not know why Council is doubting them now. Measles stated he agreed with what had been said. The Council pays the City Manager, City Attorney and Finance Director a lot and Council should trust their recommendation. Measles stated he did not want to listen to the firms' arguments. What should be discussed is how much will the cost to the city be out of the General Fund. That is the bid that was submitted to the City. Measles stated he would support the Administration's recommendation. MOTION: Councilwoman Swarner MOVED to follow Administration's recommendation to award the contracts to the Brown Agency and Last Frontier Insurance agencies to broker the City's insurance proposals. Councilwoman Monfor SECONDED the motion. Williams stated his concern that it is not known what the true bid is in regard to amounts of commission, etc. He does not think the figures are accurate. There is no way to know if someone can get a cheaper premium. Finance Director Brown agreed. Williams stated he did his own matrix and the Brown Agency came out very low. Bannock asked if the insurance firms were given the RFP to review. Brown answered yes, they were given a draft copy of the RFP and were requested to submit comments before it came to Council. Williams asked if the insurance firms could be asked to give a top dollar amount for what insurance the City wants. Graves answered that is what has been done in the past several years. The insurance brokers didn't like it because there was so much criticism from firms blocking them out. Monfor suggested the City could self -insure. This was discussed briefly. Williams asked what the biggest claim had been on the 1 KENAI CITY COUNCIL MEETING MINUTES APRIL 51 1995 PAGE 26 city. Graves answered he believed the golf course at $400,004. Williams asked if there. was anything like' that on the horizon. Graves state not at this - time, but wait, Monfor stated to Williams that he was the one that started this type of request for proposals. VOTE: Councilwoman Swarner called for.the question. (Awarding to Brown Agency and Last,Frontier.) Williams: No Bookey: No ::warner: Yes Monfor: Yes Measles: Yes Bannock: No Smalley: No MOTION FAILED. MOTION TO Awotms Councilman Measles MOVED to adjourn and Councilwoman Swarner AECONDED the motion, Williams stated he had a few other items he wanted to discuss with the Council. VOTE: Councilman Measles called for the question. Williams: No Bookey: No Swarner: Yes Monfor: Yes Measles: Yes. Bannock: No Smalley: No MOTION FAILED. Williams stated Council could offer another suggestion. Monfor asked why they were voting no -- did it mean there was no faith in the administration? Bookey stated he had concerns of the tray the matter was handled. - He felt all the financial statements should have been up front. Bannock explained. his no vote was not.a no confidence vote. He wanted the questions raised in the letters submitted addressed_ by Administration and reviewed by Council. Councilman Smalley agreed with Bookeyls comments, saying the requirements of the RFP should be followed and without the. request for confidentiality of the financial statements. t 0 0 KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 27 MOTION= Councilwoman Monfor MOVED to bring the JIA into the matter. Councilman Measles SECONDED the motion. Monfor stated the insurance firms fight among themselves and it is not the Council's problem. Their problem is to get the best for the City's dollar. Williams stated he would prefer Administration review the proposals with the insurance firms. Measles disagreed and stated a recommendation has been made by Administration and they have reaffirmed their recommendation during this meeting. How much further do they want to go with the matter. Williams noted there were four members not happy with the recommendation. MOTION: Councilman Measles MOVED to table the motion to bring in the JIA. There was no second. MOTION FOR RECONSIDERRTION: Councilman Smalley MOVED for reconsideration on the vote of the insurance companies selected by motion. Councilwoman Swarner SECONDED the motion. VOTE: Williams: No Monfor: Yes Smalley: Yes MOTION PASSED. Bookey: Yes Measles: Yes Williams noted the original motion was on approve the award to Brown Agency and Last Swarner: Yes Bannock: No the floor and was to Frontier Insurance. Smalley stated he appreciated the work and documentation prepared by Administration, etc. However, he would like this manner of' award eliminated in the future. • RBNAI CITY COUNCIL MEETING MINUT83 APRIL 5, 1995 PAGE 26 VOTE ON RECONSIDERED NOTION: Williams: No Bookey: No Swarner: Yes Monfor: Yes Measles: Yes Bannock: No Smalley: Yes xonoN PAsBED. Williams requested Administration to prepare and award the appropriate bids to the Brown Agency and Last Frontier Insurance. BREAK TAKEN: 10:20 P.N. BACK TO ORDER: 10:20 P,NO R-11. Disoussiou - Contract Time Extension - Site Assessment of Lots 13 and 14, CIIAP/Geo Engineers. Williams noted in the cover memorandum from the Public Works of Director, the Public Works Department recommends the extensio n .of contract time. Smalley asked Kornelis if the extension was only. for time to do the report and there would be no additional cost. Kornelis confirmed there would be no additional money involved. MOTION: Councilman Smalley MOVED for approval of Item H-11 and Councilman Measles SECONDED the motion. There were no objections. s0 ORDERED. R-12. Disouesion/Approval - Mission Street improvements - Additional Work/Mike Tauriainen, P.E. Williams stated he reviewed the memorandum included in the packet. The money was exhausted due mainly to the many requirements for public meetings, public input and public comment. Also, the request from the Historic District Board to reroute the street, etc. There have been lots of complications. Also due to his request for decorative street lights being placed in the area. Williams added he still believes placing the decorative lights is a good idea and that it would be a start getting changes made around Old Town. Williams recommended moving ahead. Bookey asked when and if the project would take place. Kornelis stated he hopes it to be a do -able project. They are trying to get an agreement with the Church and are discussing the re- K&NAI CITY COUNCIL M68TING MINUTES APRIL 5, 1995 PAGE 29 routing of the street, etc. Public Works recommends the street go where it is now. The Church has suggested it be .re-routed to go behind the old Fish & Wildlife buildings. if that is done, there will have to be archeological digs; etc. ISTEA funds will be available for the construction portion of the project. The decorative lights may not be included with that funding. Manninen stated the ISTEA funds would only pay for the construction. No design or engineering. Williams asked what has delayed the project. Kornelis stated the main delay is deciding where the street will go. The Church will have to give up a right-of-way. And, if the street is re-routed there will be more involved. Bookey asked they needed to decide whether to re-route or not at this time. Williams stated he thought the Church understood that the longer they delayed, the longer it would take for the . construction to begin. If they choose to change the road from the proposed design, the whole project could dissolve because of the need for archeological digging. Measles referred to the third paragraph of Kornelis' memorandum. Measles suggested if Council wants to proceed, approve the survey only and then deal with the land acquisition and right-of-way issue later. There is no need, at this time, to approve the $13,000 for the design. At this time, they only need $825 for the cost of the survey. Kornelis stated he did not need approval tonight. He needed to know if Council wanted to do the project. He will come back with an ordinance for appropriation of the money for consideration.by Council in two meetings. MOTXON i Councilman Measles MOVED to direct Administration to bring back an appropriation ordinance for the survey costs only. Councilwoman Monfor 88CONDED the motion. Councilwoman Swarner asked who wants to.change the road. Kornelis answered the Church. Bookey asked if there was. any. indication from the Church that they will go ahead with the project. Williams stated a few years ago they were accepting of the fact that they will give the right-of-way. Now the bigquestion is whether they will want the street to be re-routed.. • 0 • KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 30 Kornelis stated he will bring an ordinance before Council for introduction at the next meeting. EXECUTIVE SBBSION - (If time and scheduling allows, the yearly evaluations of the City Manager, City Clerk and City Attorney may be held.) MOTIONt O Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concern matters which by law, municipal charter, or ordinance, are required to be confidential. Smalley requested Clerk Freas and City Attorney Graves be in attendance separately for their yearly evaluations. Councilman Bookey BECONDFD the motion. Some councilmembers stated they were not prepared to do the evaluations at this time. VOTEt Williams: No Monfor: No Smalley: Yes MOTION FAILED. 1-1, Mayor Bookey: Yes Measles: No Swarner: Yes Bannock: No Retirement Inventive Program - Williams referred to the letter added to the agenda at the beginning of the meeting which he received from Governor Knowles in regard to the RIP bills introduced by the House and Senate. Williams noted the Governor had requested comments be forwarded. Williams asked for Council opinion. Smalley stated he spoke at a public hearing on Saturday at which all 50 persons giving testimony were in favor of the RIP bills. There were also petitions with over 200 persons signing who were in favor of the bills. Smalley stated he strongly supports the bills. However, he feels the municipalities should be extended from July 1, 1995 to June 30, 1998. KENAI CITY COUNCIL MEETING MINUTES APRIL 5, 1995 PAGE 31 Williams requested Councilman Smalley draft a letter of support, for the bills. Councilwoman Swarner stated she was not ready to vote on the matter at this time. It is not known if the City of Kenai wants to be involved in it. Finance Director Brown stated in order for him to check and see if it would be advantageous for the City, the State must first . tell him the calculations. He cannot say what the amounts would be until he knows who could retire. Then, two payments must be made -- one by the employee and one by the City. Williams requested a blanket letter of support. Swarner stated she did not support that. Measles stated the letter would only support the bills and whether the city buys into it is something different. The City does not have to accept it after the calculations are made. Brown added the letter wants to know if the rules and windows applying to the State would apply to the City. Smalley stated he would draft the letter and Council could review. glass Cabinot - Williams reported he spoke to the builder of the cabinet and stated it was not what was wanted. And, he would ask Council if they wanted to pay some amount for the cabinet and put it in some other building. Smalley asked what the materials cost for the project. Smalley - suggested paying for materials only. Kornelis stated he did not know what the cost of the materials was. Monfor stated the KBVCC could use the cabinet. Measles suggested the builder be told the City would pay $1,000 and the builder moves the cabinet to where the City tells him to move it. Swarner agreed with Measles.. Measles added a deadline should be given that the cabinet be moved. If it is not, it would then be the City's cabinet. Williams suggested asking the builder to build a cabinet like they want or go to another builder. Discussion continued. Clerk Freas asked, for clarification, if. Council wanted her to sign off on the purchase order. Answer was no. Kornelis is to offer $1,000 for the cabinet and have it moved to the KBVCC. Kornelis was asked to get a cost for building another cabinet as requested. iKfiIdAI CITY COUNCIL MEETING MINUTES APRTL 51 1998 PAGE 32 RPS ordinance 94-52 (overlay District) - Williams reported on the progress of the ordinance and distributed the newest version of the ordinance. Williams asked if Council wanted.him to go in another direction in regard to statements about the ordinance. Council stated no, sister -City grant - Williams reported the EDD.was putting together another major grant for travel funding for a group to visit Okha. The grant funds can only be used to send medical personnel at this time. Williams asked if Council was willing to pay for travel costs for Councilwoman Swarner to go as her husband is in the medical field. Councilwoman Swarner could act as an official representative from the City. Williams stated he does not plan to go. Monfor stated she didn't object to travel there before, however with the newest sales to Iraq, she has a large objection. If Swarner wants to go, she would approve it. Measles stated he agreed with Monfor about traveling there at this time. Smalley stated he did not have a problem with the City participation in sending Councilwoman Swarner if she really wants to go. Bannock objected to the trip. Swarner stated she would not have a problem if Council did not want her to spend the money. Council consensus was it would approve the expenditure of the. funds if Swarner really wanted to go. Budget Work session - A budget work session was scheduled for'7:00 p.m. on April 12, 1995 at the Senior Center. 1-2. City Manager 8DD Meetings Manninen reported he has and will be attending two meetings in regard to the business innovation center. NOWD Release - Fire 1nsuranos - news release included in the packet which Council requested be done. 1-3 • Attorney No report. Manninen referred to the as Information"Item No. 4 C KENAI CITY COUNCIL MEETING MINUTES APRIL 51 1995 PAGE 3 3 t-4. City Clerk Volunteer Advertisement - Clerk Freas reported -the advertisement Council requested to have published in appreciation of volunteers on commissions, committees, etc,, will cost approximately $5o0.0o. Council approved the cost. VCR/TV Purchase - Clerk Freas requested permission to purchase a new TV and VCR with a stand for permanent placement in Council Chambers. Council had no objections. I-5. Finance Director No report. I-6. Public Works Director Kornelis reported the dock bids were out. A pre -bid conference has been scheduled and the bid opening date is set for April 26. 1-7. Airport Manager Airport Manager Ernst reported the refurbishment of the counters at the airport should be completed in approximately ten days. Painting should be completed in about 30 days. After the painting is completed, the new carpet will be placed. -i. Citizens None. J-a. Council Bookey - Bookey stated he.would like Council to take a stand in regard to pull tabs and bingo permit and no.longer involve. themselves with them. Smalley suggested Bookey make a motion. XOTZOX I Councilman Bookey MOVED to require the Council 'not to involve themselves in any discussions or any debate on bingo/pull tabs • K$NAI CITY COUNCIL MEETINGASINOTES APRIL 51 1995 PAGE 34 until we hive -the authority to ipake a decision and our decision means something. Councilman Smalley SBCOXDXD the motion. Williams stated a letter to that effect could be drafted and. signed.in the morning. Monfor asked if that would mean a permit could be sent off with no comment and Council.would not even ssee, it? Williams stated he told the..applicants.during the break they could take the application.to'the Borough Clerk and have it signed there. Freas asked to whom the letter would be sent. Williams stated the gaming commissioner. Williams added copies of the letter could be distributed to anyone who comes in with an application. VOTZt Councilman Smalley requested WM MMOvs cONewT. There were no objections. Councilman Measles stated he would still like copies of the applications to be presented to Council as an information item only for any permit applicants for inside the city. No action would be taken on the permits by Council or Administration. Williams clarified the Clerk would still copy the applications for council. review as an information item and a copy of the letter will be distributed to anyone bringing in an. application for approval. Smalley asked Graves and Manninen for their comments. Graves stated he -did not have any problem with Council's decision at all. If the City has no authority, there is no reason to take action. These applications only consume a lot of the Gounail�s. time. Measles stated that one advantage for the time the discussions consumed, it brought forward the fact that the City has no authority to do,.anything. There were no objections to MWZXOgB CONSENT, BO ORDBMBD. swarrner. - Thanked the Fire Chief for the informative program which was presented at the Chataber meeting. She was sorry there was not more people thereto hear'it. • KENAI CITY COUNCIL MEETING MINUTES APRIL 50 1995 PAGE 35 Swarner also commended Bookey for his motion bingo/pull tab applications. in regard to the Committee is looking for volunteerser added the Beautification Council is interested or knows of someobulbs interested, please let her know. who would bec. If ne Wh Plant Monlor - Monfor referred to Hooke 's and added she did not mind takingstatement and motion doesnot like it when it doesn't u criticism when it counts, but Meaelee - Nothing. Bannock - Nothing. 8mailep - Smalley stated he -appreciated well and all the other comments that Werated Booke �s also reaffirmed his determination thaty motion as equipped• best trained, and the live Smalley best city Y live in the best y around. ITEM s ARZRR Nei The meeting adjourned at approximate) f' y 11: 2'7 p.m. Minutes were transcr Caro 9 and submitted by: I" v COUNCIL &Wl�c DIVE CLINIC.