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HomeMy WebLinkAbout1994-07-20 Council Minutes. AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 20, 1994 7t00 V.N. KUM CITY COUNCIL CH!l XR8 p LM - ADJUSTMENT 1=119 - Appeal of Marion Nelson 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. Theke 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. +E, pCHgQ, BD FALIg cQW= (10 Minutes) C. PUHIIC 8�=�TaB 1. Ordinance N0. 1599-94.- Increasing Estimated Revenues and Appropriations by $81,584:in the,Airport Front end Loader Capital Project Fund. 2. Ordinance No..1600-94 - Increasing.Estimated Revenues and Appropriations by $210,000 in a New Capital Project Fund Entitled 'Airport Sander/Plow Truck.u. 3. ResolutiOn No. 94-44 - Awarding the aid for a One, Ton Truck for the Water &.Sewer Department to Craycroft Chrysler for the Total. Amount of $28#529100 Which Includes the Basic Bid of $25,889.00 Plus a Truck Plow of $2'640.00., 4. Resolution No. 94-45 - Transferring $9,588 in the Water and Sewer.Fund to'Add a Plow and Crane to the Pickup Truck which is Appropriated in the FY95 Budget. D. CQMMI8820N/CsQ,,TTS14� ORT 1. Council on,Aging 2. Airport Commission • 6 • 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees S. 11IMMES 1. *Regular Meeting of July 6, 1994. 1. Discussion - Acquisition of City Property for Habitat for Humanity. i. Bills to be Paid, Bills to be Ratified. 2. Purchase Orders Exceeding $1,000 3. *ordinance No. 1601-94 - Prohibiting the parking or operating of motor vehicles in any state or city maintained road right-of-way which has been landscaped, seeded or improved in a manner not intended for vehicular traffic. 4. Approval - Change Order No. 3, Thompson Park Water & Sewer Project/Poster Construction - $795.380 5. Discussion - Schedule Board of Adjustment Hearing - Appeal of Planning and Zoning Commission denial of application for variance on Lot 1, Block 3, VIP Park Hstates, regarding requirement of 40,000 square foot minimum lot size. 6. Discussion - Proposed construction of permanent KPB transfer site at Redoubt landfill location. l._•.t _ _J ! '. A • I. _L .77777 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -2- I. MAYOR18 REPORT JULY 20# 1994 COUNCIL MEETING CKWORB REMOVE: C-2 Ordinance No. 1600-94: Grant not yet received. ADD t 16 H-2(b) Approval of purchase order fox marketing video. H-7 Discussion - Acquisition of Cheater Cone property (see documents now at Information item A). I-4 Telephone poll for approval of purchase order to Statewide Petroleum to replace gasoline fuel pump for the city dock for $1,540. Add Information Umst 10. Alaska Journal of Commerce article, 7/18/94, Ki-dre-IS-Seeks u oOre-Project 11. 7/11/94 Dorothy McCard'letter to Mayor Williams regarding Russian Orthodox Church paving project. 12. 7/8/94 Laura Measles to 4th of July parade participants. 13. 7/5/94 Valerie Edmundson letter to Mayor Williams/ Council regarding Cityls donation toward July 4th celebration. 14. 7/13/94 Becky Gay letter to Mayor Williams regarding Resource Development Council membership. ADD AS •. Executive Session. 77slij.: !� .BROWN WILLIAMB WILLIAMB CLERIC MA�I�TIN�1 IIiLLIAMB ' WILLIAMS WILLIAM0 WILLIAMB •. • i� . : J 0:\WPSI\MINUTESUGENDA\NRY6R.RPT KENAI CITY COUNCIL REOMM MEETING JOLY 20, 1994 7100 PeNo KENAI CITY COUNCIL CMAK NRB MAYOR JOHN J. WILLIAMBt PRXBIDIMO Mayor Williams called the meeting to order at approximately 7:04 p.m. in the Council Chambers in Kenai City Hall.. A-11 PLED-01 OF ALLLGXUQI Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams and Bookey. Monfor arrived at approximately 7:15. Absent was Swarner (on vacation). A-3. Mayor Williams asked to change the agenda as follows: REMOVE: C-2 Ordinance No. 1600-94: Grant.not yet received. ADM: H-2(b) Approval of purchase order for marketing video. H-7 Disouseion - Acquisition of Chester Cone property. 1-4 Telephone poll for approval of purchase order to Statewide Petroleum to replace gasoline fuel pump for the city dock for- $1, 540. Add Information Items: 10. Alaska Journal of Commerce article, 7/18/94, ee 11. 7/11/94 Dorothy McCard letter to Mayor Williams regarding Russian Orthodox Church paving project. 12. 7/8/94 Laura Measles to 4th of truly parade participants. 13. 7/5/94 Valerie Edmundson letter to Mayor • Williams/Council regarding City's donation toward July 4th celebration. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 2 14. 7/13/94 Becky Gay letter to Mayor Williams regarding Resource Development Council membership. MOTION: Councilmember Smalley MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT, Councilmember. Bannock SECONDED the motion. There were no objections. 80 ORDERED. A-3., CONSEIPI' AGENDA There were no changes to the consent agenda. (Mayor Williams stated that during the Mayor's Report he would ask for an executive session.) (No Motion or Action taken.) Mayor Williams was reminded of the Board of Adjustment hearing scheduled for this evening. He asked for a temporary adjournment of the Council meeting. MOTION: Councilmember Measles MOVED for a temporary adjournment. Councilmember Smalley SECONDED the motion. No objections., SO ORDERED. BOARD OF ADJUSTMENT: 7s10 p.m. BACK TO ORDERS 7s32 p.ae ITEN e_s SCHEDULED PUBLIC_COF None. �T� BUH_LZC �7,�RINOS C-1. Ordinance No. 1399-94 - Incsreasing Estimated Revenuers and Appropriations by $81,584 in the Airport Front- end Loader Capital Project Fund. MOTION: i member Smalls MOVED for adoption of Ordinance No. 1599- Counc 1 y p 94 and Councilmember Measles SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 3 There were no public comments. VOTES Measles: Yes Williams: Yes Swarn4 Bannock: Yes Bookey: Yes M0nf03 Smalley: Yes NOTION PABSED ONANIMOUSLY. 0-2, Ordinance No. 1600-94 - Deleted from agenda. C-3. ROAOlutiOu No. 94-44 - Awarding the Bid for a One Ton Truck for the Water & Sewer Department to Craycroft Chrysler for the Total Amount of $28,529.00 Which Includes the Basic Bid of $25,889.00 Plus a Truck Plow of $2,640.00. NOTION: Councilmember Smalley MOVED for approval of Resolution No. 94- 44 and Councilmember Bookey SECONDLD the motion. .There were no public comments. Councilmember Bannock requested perkission to abstain because he works for Craycroft Chrysler, Mayor Williams accepted his abstention. CouncLlmember Measles stated that he was a little upset by the fact that we are only 20 days into the new budget year and we are already being asked to transfer almost $10,000 out of contingency to cover a budgeted item. He asked why this wasn't thought of during budget time. Manninen stated that the original spec was not to include the. plows, but the truck that was purr 'used required a different plow. Measles asked if when the item was budgeted there was a pre- conceived notion as to make, model and type of vehicle it was going to be. Xanninen said no, only that the plow would be re -used. The difference is that the flatbed truck and the crane weren't anticipated. He now feels that in the long run the crane will benefit the City. k' P, • • KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 4 Measles stated that his argument isn't with the fact that the City needs the equipment. He said, "If we need it now, why didn't we need it three months ago when we were putting the budget together?" He stated it seems not enough thought goes into budgeting these items. Bookey agreed. He stated that mentions a safety problem and, have been addressed long ago. the memo from Public Works if that is the case, it should Manninen stated that when this equipment was being anticipated it was believed it could be acquired for under budget. Williams asked if this water and sewer expenditure comes under machinery and equipment. He said the Council had budgeted 1/2 the cost from machinery and equipment ($13,000) and the other half was going to come from the airport budget. Kornelis said no. One's from water; one's from sewer. $26#000 is in the budget. The $2,640 snow plow was not bid because he. had anticipated using the existing snow plow. However, there had been a change in the Dodge mounting so the old plow didn't. fit this particular truck. As far as the crane, he had anticipated using the sliding -bar type mechanism like the existing one. The retired sewer foreman didn't put in for a new crane. But when they began discussing this, the shop foreman and other employees said they had gotten their hands caught in the old mechanism. Kornelis said the new crane will - be much better. That's where the extra $7,000 came from. He apologized for not having this in the budget, but stated, "We missed it." Bookey stated he agreed with Measles. He said that this is the public's money, and it's the Administration's job to find these. problems before they go into the budget. Williams stated that he agrees with what has been said, but that he also is looking at some other concerns. It appears . that only one company bid on this truck because one company couldn't find their bid specs and another company changed halide during the bidding process. Having only one bid makes it difficult to judge the true value of the item. He suggested investigating whether other companies offer the same product and consider rebidding. • KENAI CITY COUNCIL MSBTING MINUTES JUI.Y 20, 1994 PAGE 5 Williams stated that, unless Council directed from commenting orotherwise, he would ask Councilman Bannock to abstain voting on this matter. Smalley asked for clarification aegear$nthats94u44odea1s9withand Resolution 94 45. He stated it pp the purchase of the truck and the snow Kornelis safd, and this is-45 deals correctB with the issue of the crane. He also stated that the $25,Cidiover y adi oe fully It is a one -ton 4X4 truck with government ra equipped with flatbed and tool boxes under the flatbed. Smalley stated that the City is not responsible for the fact that there was only one bidder. Mayor Williams stated that if the Council chooses to vote at this time it should consider the additive alternates in the resolution. Measles asked if the $25,889 includes additive .alternates 1 and 2? Kornelis said it does not. Measles asked if the resolution is just asking for the basic bid. Kornelis. said yes. Williams read the resolution aloud for clarification. He stated that the resolution needs to be amended. Measles,stated that the bid is being awarded on the truck; the plowis ait separate purchase and should not be a part of this package i was not one of the additive alternates). He stated that the plow should have been handled separately. Williams suggested an amendment to eliminate all references to any other items aside from the basic bid for the truck at $250889. NOTION: Councilmember Measles MOVED to amend Resolution No. 94-44 in the heading to read: "A resolution of the Council of the City of Kenai, Alaskay awarding bid for a one -ton truck for the water and sewer department to Craycroft Chrysler for a total amount of the basic bid of $250889." The lower portion of the resolution should read: "Now, therefore, be it resolved by ,the Council of the City of Kenai, Alaska, that the.bid for a one ton truck for the water and sewer department be awarded to Craycroft Chrysler for the total amount of the basic bid of $25 889." Councilmember Smalley SECONDED the motion. Williams • �J • KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 6 asked if there was any objection to unanimous consent on the amendment. No objection. Williams asked if there was any further discussion on the body of the resolution. No further discussion. VOTB: Measles: Yes Williams: Yes Swarner: Absent Bannock: Abstain Bookey: Yes Monfor: Yes Smalley: Yes C-49 Resolution No. 94-45 - Transferring $9,588 in the Water and Sewer Fund to Add a Plow and Crane to the Pickup Truck which is Appropriated in the FY95 Budget, Councilmember Measles MOVED for adoption of Resolution 94-45. Councilmember Smalley SECONDED the motion. No public comment. Councilmember Bannock asked to abstain from this resolution because it is related to the last one. Williams said it wasn't necessary because it's a separate item from the truck. Bannock said he would vote after all. No further comments. Monfor asked for unanimous consent. Bookey objected. VOTE: Measles: Yes Williams: Yes Swarner: Absent Bannock: Yes Bookey: No Monfor: Yes 'Smalley: Yes **Recess (8:15 to approximately 8:30) eoMM M COMMITTEE REPORTS D-1.6 Council on Aging Pat Porter reported the next meeting is scheduled for Monday, July 25. In the packet there is a request to approve two additional members because of the nine -member rule. Williams stated that Loretta Breeden and Lucille Billings have been recommended to this Council for approval. No comments or objections. Mayor Williams made both appointments. RENAI CITY COUNCIL MEETING MINUTES DULY 20j 1999 PAGE 7 D-2. Airport commission Councilmember Measles reported no meeting. D-3. Harbor Commission Councilmember Bookey reported no meeting, no quorum. D-4. Library commission Councilmember Monfor reported no meeting; the information is in the packet; and the Friends of the Library received a $3.000 *donation from ARCO. 0-30 parks i Recreation Commission Councilmember Bannock reported no meeting. D-6. Planning i zoning Commission. Councilmember Smalley reported a copy of.the agenda is in the packet. He said Attorney JimButler would about the Cheater Cone on to the Council later in the meeting p Beaver Loop. The planning resolution regarding Watergate Tray failed; planning resolution regarding McLennan variance passed; and because the Watergate resolution failed, the resolution regarding Donald Aase was moot. The situation on the Watergate resolution involved changing lot size in an area that spoke to 40,600 square foot lots. The applicant wanted those reduced. Mr. Rodes spoke to Planning & Zoning. There were 12 or 13 items under code enforcement items;. he stated he would bring - .one of those items up under 'Concerns" this evening. D-7. Miscellaneous Commissions and Committees a. Beautification: Meeting rescheduled. Bob Frates stated there is a question of what to do. with the remaining flowers donated by Lyndon Transport. There are 200 to 300 flats remaining to be planted; about that many have already. been planted. He asked if Council had any suggestions about what to do with them. There were no recommendations.. b. sister City Program: Williams stated.that today was the last full day here for the Russian delegation. They will be leaving tomorrow morning. There will probably be a return 0 KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 8 trip to Russia in September if funding will allow. There is about $3 million for the purpose of meetings and visits back and forth from the Dept. of International Affairs to the State of Alaska next year. We will be applying for an additional grant to bring a doctor and maybe a school teacher or other professionals here and to send ours there. While the governor of Sakhalin Island was here, he signed some agreements with Governor Hickel that will allow for training here in our fire safety programs and other service areas. The U. S. Dept. of International Development has indicated that $80 billion will be spent to promote development within Russia. We also will apply for some of that money. Also, a very large fuel contract has been signed between Petro Marine and the Far East, utilizing fuel being produced by our local refinery. Williams stated he has personal knowledge of a $9 million grocery contract now in the making. He stated that the Sister City program is a major factor contributing to the opportunities of the future. Sakhalin Island offers approximately $40 billion in opportunity. We will be helping to blend the economies of the two regions and perhaps will be importing money and, possibly, jobs in the future. He stated, "For my money, I think it's better to spend $1 billion on this sort of thing than to develop one more S-1 bomber." E-1. Regular Meeting of July 6, 1994. Approved by consent agenda. None. IT -am a s OLD 8VOIN168 1. Discussion - Acquisition of City Property for Habitat.for Humanity. Council members reviewed the information in the packet, and Williams stated it didn't look like there was anything available at this time. Williams stated he is working with one of his partners on a major business transaction that may allow t • • KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 9 them to donate several lots in the Mommson Subdivision to Habitat for Humanity. He stated he has discussed this with them and it may happen in about two weeks. No further comments. or discussion. 8-1. Bills to bs Paid,? Bills to be Ratified MOTION: Councilmember Smalley X0V89D to pay the bills over $1,000 and Councilmember Bookey SECONDED the motion. Councilmember Measles asked for unanimous consent. There were no objections. 00 ORDBRND. R-2. purchase Orders Exceeding $1,000 a) Councilmember Measles MOVED for approval of purchase orders exceeding $1,000 as submitted. Councilmember Smalley BECONDED the motion.. Councilmember Measles XOVLD to amend by adding a purchase order to Craycroft Chrysler for a snow plow in the .amount of .$21 ,640 and asked for unanimous consent. Councilmember Monfor 8ECONDRD the motion. No objections. Councilmember Bannock asked permission to abstain. Denied. Councilmember Measles MOVED to momentarily table this motion until Item H-2b is addressed. No objection. 00 MOVED* Monfor asked if they could stand at ease for a moment. So ordered. Mayor Williams brought the meeting back to order, b) Councilmember Measles MOVED that the marketing video contract be awarded to Vantage Point Productions. Councilmember Bookey.BEGONDED the motion. Councilmember asked for unanimous consent. No objections. Measles asked if someone would be working with Vantage'Point during the production.of the video. Williams asked for three volunteers from the Council. Councilmembers Monfor,, Bookey and Smalley volunteered. Monfor stated that a purchase order is on the list to Maloney & Haggart for $10,000, and another payment was approved to them • KENAI CITY COUNCIL JULY 20, 1994 PAGE SO MEETING MINUTES for $5,096, a total of $15,000. She stated that she will go on record as stating that this is probably the last time she will vote for any money for them. ". . . the cost of this firm is getting close to exceeding what we are ever going to get in return." She asked why it appears on two different lists. Brown answered that the money on H-1 is payment for services already rendered. H-2 is purchase orders for future services. We are in the bankruptcy stage of this case. Monfor asked how Such money we have paid this firm so far. Brown said he will let her know. (Rotvrn to N-2a) Councilmember Measles MOVED to bring Item H-2a back to the table. Councilmember Smalley SECONDED the motion. Councilmember Measles MOVED to further amend Item H-2a by inserting Vantage Point Productions on the purchase order for production of the marketing video. Councilmember BMALLEY seconded the motion. No objections. No discussion. Councilmember Measles asked for unanimous consent. 80 ORDERED. Ordinance No. 1601-94 - Prohibiting the parking or operating of motor vehicles in any state or city maintained road right-of-way which has been landscaped, seeded or improved in a manner not intended for vehicular traffic. Approved by consent agenda. N-4. Approval - Change Order No. 3, Thompson Park Water & Sewer Project/Foster Construction - $795.38. Councilmember Smalley MOVED for approval of the change order. Councilmember Measles SECONDED the motion. No objection. 80 ORDERED. Discussion - Schedule Board of Adjustment Hearing - Appeal of Planning and Zoning Commission denial of application for variance on Lot 1, Block 3, VIP Park Estates, regarding requirement of 40,000 square foot minimum lot size. Councilmember Smalley reported that he attended the Planning & Zoning meeting. He stated that several individuals spoke, in addition to Mr. Aase. The subject of covenants came up; it was 10 explained that the City does not deal with covenants. The people who spoke stated they had moved to the neighborhood E • KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 11 because of the lot sizes; Mr. Aase wants the City to break one lot into two. As it presently sits, he can easily build a four-plex in there. The residents expressed also that the potential is there for another Thompson Park if lot sizes are reduced and additional homes are put on the water and sewer. If lot sizes are reduced for others, there could be twice as many homes in the neighborhood. They are concerned about the devaluation of property. The Planning & Zoning vote was 3 to 1. Mayor Williams stated that apparently the City Engineer recommended approval upon waiver of ADEC. Williams asked if the applicant has asked ADEC for that waiver. Smalley stated he did not. Smalley stated that Aase brought up the point that the covenants allow for changes to be made after 10 years;.he has had his property for 12 or 14 years. He was told that the City does not deal with covenants. Mayor Williams asked if Council wishes to schedule a Board of Adjustment. Councilmember Measles MOVED to schedule the Board of Adjustment hearing prior to the regular council meeting on. August 3, 1994. Councilmember Smalley BECONDBD the motion. Councilmember Smalley asked if the applicant will be advised to seek that waiver from ADEC. Kornelis stated that Mr. Aase states in his letter (in the packet) that he has the document.. $-6. Disauaeion - Proposed construction of permanent KPB transfer site at Redoubt landfill location. Smalley stated that this was an item that came up at the Planning & Zoning meeting under the City Engineers report. Smalley said he (Smalley) requested that it come before this body. He said that what this is is a request by the Borough to make a permanent transfer site on the existing site in Kenai. Smalley said one of the concerns is that the Borough would close the site and Kenai residents would have to haul their trash to Soldotna. Williams stated that he remembered attending a Borough meeting in which the issue of the Borough transfer site was brought up, They were planning on removing the transfer site and starting a fee schedule. At that time Williams stated he was directed by Council to advise the Borough against closing the transfer site. There was also discussion about a fee schedule. Williams said he told the Borough Assembly then that Kenai LJ r • KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 12 didn't mind being charged a fee as long as a fee was being charged everywhere. Monfor asked if Katherine Mayer from the Borough could co", up and answer a few questions. Williams stated that she could. Monfor stated that she supports the transfer site. She then asked Mayer if the Borough is planning on charging a fee for all the transfer sites and what is the usage daily of this site. Mayer stated that she is the solid waste director for the Borough. She has been with them for approximately 10 years. She stated that at this time the Borough does not have a fee proposed. There is a limited user fee for disposal of construction demolition wastes that are going directly into the landfill, but these are items that are not accepted at the transfer sites. There will probably be a fee for disposal within the next few years. The solid waste program is heading toward revenue funds, special revenue funds, and enterprise funds for the solid waste program. There will not ever be just a fee for Kenai. If there is a fee, everyone will pay the same, she said. Mayer asked if she could do a brief overview of this plant facility. She passed around photographs of sites where the Borough has already made improvements. She stated that the current facility has many problems that will be corrected with the new transfer site. The new facility will be fenced,.Qo access will be restricted during closed hours. Someone will be on site during open hours. There are now an average of 745 trips per year made to haul the current dumpsters out when► full. The larger trailers and more effective transfer system will reduce that number to about 160 trips per year. The new site will be aesthetically better, as well. The transfer trailer will be inside a building, not out in the open. Monfor stated that she is in favor of the new transfer site. She stated it is one of the few things besides the school system that Kenai residents get for their tax dollars. She believes a majority of Kenai's nearly 7,000 people still use the dump, and that improvement of the site would probably enhance the neighborhood. M KENAI CITY COUNCIL JULY 20, 1994 PAGE 13 MEETING MINUTES Smalley stated he concurs with Monfor's comments. Bannock stated that, as a neighbor, he thinks it would be a great improvement. Williams summarized saying it appears that Council has no objection to the permanent transfer site on Redoubt. He asked about rezoning. Graves stated that the Borough has filled out the application and it is scheduled to go before Planning & Zoning. 2-7. Discussion - Acquisition of Chester Cone property. Smalley asked if it would be appropriate to ask Jim Butler to speak at this time. Williams stated it would. BUTLER (vsrbatin)s Mr. Mayor and members of the Council, as Councilman Smalley has indicated, my name is Jim Butler, and I an an attorney in town. Over the last several months, I have been working with Mr. Chester Cone who, as I am sure you are well aware, owns some property along Beaver Loop Road.. In' fact, the parcel that we are talking about this evening includes a parcel that the City of Kenai attempted to purchase,. .I believe, twicte,.and whom other people have purchased and have given back to Mr. Cone due to their inability to develop the property. Mr. -Cone came to me trying to find some resolution to his dilemma of having 100 acres on one of the most pristine rivers in Alaska and he can't do anything with it. We looked through a couple different options and elected to put together a proposal for the Exxon Valdez Trustee Council Small Parcel Acquisition Program. Let me give you a little bit of background on the Exxon Valdez Trustee Council and what they are doing and what we are trying to do with this proposal and how I think the Council might follow the lead of the Planning & Zoning Commission to offer some support Lto that. After the spill, Exxon entered into a consent decree .with federal and state government to settle the civil damage claims that both the state and federal government brought against Exxon. That was.done under CIRCLA. A $900 million trust fund was established for.the purpose of attempting to restore property impacted by the oil spill, to, develop a habitat protection acquisition program, to provide monitoring and research funds for the spill -impacted area, and 6r • • KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 14 also to provide public information and administration of the fund. What I want to do, I guess, at this point is reinforce sometimes a common misconception of what the Council is about, and dispel maybe the misconception. And that is that this is somehow a -- this program is somehow currently impacting either Exxon or other oil companies in the area. That money, the money that we're talking about tonight, is money that has already been paid into a fund and the administration and disposal of those monies, the use of those monies, is not going to directly impact any industry people in our area or in any area around the state. We put together a proposal to the Trustee Council under the Small Parcel Acquisition Program. in order to fit under that, the parcel has to be less than 1,000 acres and has to be located in the spill -impacted area. To just sort of give you an orientation of what the spill -impacted area is, it's from Bligh Reef south to Chignik, and all the way up north to the forelands, including the west side of Cook Inlet down to, Chignik and all the Kodiak area. So the Council put out a request for proposals to acquire property in the spill -impacted areas. The Kenai River is specifically identified as an impacted area, primarily because of the over -escapement of sockeye in 1989. Mr. Cone's property meets the acquisition program criteria in a number of areas, primarily because his property includes - rearing habitat for both sockeye and pink salmon, Dolly Varden, bald eagles, common murre and any tidal organisms that are important to the support of those particular species. The restoration fund is set up to acquire parcels of property to offset those properties that were significantly impacted. One of the other things that the Council can do is deal with restoring services that were impacted. Now services that - were impacted include commercial fishing and sport fishing. Because areas were closed during the spill, people had to go to other areas to go pursue their sport fishing; and as a result, significant impacts were indirectly incurred in those areas, So they are looking at acquiring this property, or this type of property. One of the things that I an sure you are all aware of is this piece of property in particular has been studied to death.. I. KENAI CITY COUNCIL MEETING MI JULY 20, 1994 MINUTES PAGE 15 know that, when the City of Kenai proposed to build a boat launch on an 11-1/2 acre parcel along this particular tract of land, Fish and Wildlife, D.N.R., Fish and Game -- everybody went through that piece of property with a fine-tooth comb. Essentially what we have done is we have taken a large stack of agency research and turned it around and said, "This property has been defined as critical by you and, therefore, we think that the public should own this property as opposed to havin an individual own this property." The Commission had the g opportunity to review the proposal; and I don't know if any of the Council members have had an opportunity yet, but the Administration staff has that .proposal and we can make sure you've got copies if you're interested in seeing how the specific elements of the criteria that are going to be evaluated -- how this property ranks with that. quite confidently that the I can say ;. property ranks quite high. The Fish ,.;;.. and Game has also requested that this property be srously ' considered for acquisition because of the importanceeci protecting habitat along the Kenai River which, as you know, is a growing concern in our area. Support of the proposal is, I guess, what we would like to see from the Council; and, not just for the ut support of an expedited review. Tonight Mr. conerturned, I believe, So years old, and his ability to wait around and haggle with the state and the fads is much shorter than it was 15 years ago. And because his property has been researched, were trying to keep it out of the consultant trap (unintelligible). So I would like to request the Council consider supporting the proposal -- the acquisition proposal -- and an expedited review of his proposal, which the Council -- my understanding is they've got the authority to do that. Valuation, those sorts Of issues, can be worked out. The mechanism for holding the property, how title is vested, is something that Mr. Cone is very open to working with the Council on. The use of the property in the future could be something that, not only whoever holds the property, but the City of Kenai, could play an instrumental role in deciding how services like tourism and the rest of that are going to be -- maybe mitigate any impacts. I donut know if your packet includes a letter that Chairman Walker signed. If you've got any questions at this would be glad to help you out with those. time, I (end of verbatim) . RENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 16 Smalley stated that Walker's letter oad astatement thatthe sdhe packet. He aB aid that Planning & Zoning also wanted t City had attempted to purchase this property and to seek out the necessary required permits to developthe it property; and the property went back to Mr. Cone w Y w Bookey asked what happens to the property once it's acquired -�- does it go into a land bank situation where there is no project development or will there be any eestatedethat hetisrsaid that willing to is an open question right now. H work with the City in working with the Trustee Council on finding a workable solution for the property. Butler said the Council's restoration plan istwith Peninsula Coastal Plan and the KenaiRiverComprehensive Management Plan. He stated that a small piece of the property abuts the river, but most of it is upland. He would like to see maybe a bird sanctuary where People could pull off this would take somethe of the and observe the wildlife. He said pressure off the river bank. Butler stated that once the Trustee Council acquires the property, it can be transfered to anyone. Smalley stated that Mr. Cone said at the Planning & Zoning meeting that, after 20 ' years of tryinhto e sell this pro tyts i, is this is a last ditch effort in which 9 support. MOTION: Councilmember Smalley MOVED that the City Administration work with Mr. Butler to draft a letter or resolution supporting this proposal and to request an expedited review. Counnciilmemabrio Measles 8ECONDED the motion and stated, This is where federal and other agencies havo issuepermits for made a ,property useless with their regulations and refusal t property owners to develop this property. I an certainly in favor of this thing happening." He also stated that he feels this is perhaps a stretch of the intent of the Oil Spill Trust. Fund; though not as far as some have stretched it. Williams stated that the Council feels compassion for Mr. Cone and his long battle. He said that at one time the City thought it could use the land, but that didn't happen. Now the City wishes the best for Mr. Cone. 4 y • 0 KENAI CITY COUNCIL JULY 20, 1994 PAGE 17 MEETING MINUTES Smalley offered that maybe the City would have some influence, in the State legislature as to how the land will be used. Butler stated again that he is willing to work with the City. Bookey stated that maybe somebody in the State might listen to this: It seems that the State is so concerned about the impact on the Kenai, yet they build these horrendous roads to get here; but they're not as concerned about the impact on the Kenai River when they deny access. Butler stated that he will be glad to let the City Council know if some opportunities arise. Williams directed the Clerk to prepare a resolution in support of and for expedition of the review. Butler said that the review process could go from October, 1994 into early 1995. Williams directed the Clerk to issue a letter immediately and follow it with a resolution to Council at the next meeting. Councilmember Smalley asked for unanimous consent. No objections. So ORDERED, 1-1. Mayor a. Townsite Nistoric Board Attendance: Williams stated that he sent a letter to members of the Board indicating his concern that they had not -attended the meeting. Three of the members contacted Williams personally stating they had not been notified of the meeting. Williams said he would like to know. if the addresses are correct and if any of the letters came back to City Hall before he sends out a letter like that again. =-2. City 'tanager a. BDD Lease: The lease is due on August 12. A meeting was held with Carr-Gottstein last week. b. MIDRNZ: He stated there are articles in the Journal of Commerce and in today's Dispatch that cover progress so far. I-3. Attorney No report. • KENAI CITY COUNCIL MEETING MINOTES JgLY 20j 1994 PAGE 18 I-4. City Clerk Acting Clerk Paulsen read into the record the findings of a telephone poll taken on June 13, 1994 requesting council approval to issue a purchase order to TransAlaska Title, Inc. to perform a preliminary commitment report on lots pertaining to the MSM proposed settlement. The purchase order would be for an estimated cost of $1,400. Approval of the purchase order would enable the City Administration to provide a report on the MSM proposed settlement'tc the Council at the July 20 meeting. The telephone poll was authorized by the city manager and signed by the finance director; those signatures were attested by Acting Clerk Paulsen. The vote was four yes (Measles, Smalley, Bannock and Monfor) and three absent (Swarner, Bookey and Williams). The poll was taken by Sheryl Paulsen. Acting Clerk Paulsen read into the record the findings of 40 a second telephone poll taken on June 18, 1994 requesting council approval to order a replacement gasoline fuel pump for the dock and to issue a purchase order for $1,540 to Statewide Petroleum. The fuel pump at the dock burned out on Friday afternoon (July 15, 1994). The telephone poll was authorized by the city manager and signed by the finance director; those signatures were attested by Acting Clerk Paulsen. The vote was five yes (Measles, Smalley, Bookey, Bannock and Monfor) and two absent (Swarner and Williams). The poll was taken by Kathy Woodford. is I -so Finance Director No report. I-6. public Works Director Kornelis stated he wanted to draw attention to Info Item 03 regarding the Basin View paving RFP's. Also Item #6 is the new schedule from Glacier State regarding the soils contamination at the courthouse. Info Item #9 is the packet of material which was mailed to the Thompson Park residents having to do. with water and sewer services. I-7. No report. Airport Manager • E KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 19 UNCUTIVH ONOSION: ' 9 t 3a p.n. BACK TO ORDER $ 10135 Pon* Measles reported, "Ths'purpose of the executive session was to discuss the status of settlement on the Inlet Woods properties litigation. The Council instructed the Administration to. proceed with the settle�aent issue in hopes of drawing it to some conclusion in the near future." J-1. Citizens None. J- 2. council Bookey - Nothing. Nonfor Nothing. Measles - Nothing. Hamock - He stated that he was glad to see the new ordinance introduced this,evening regarding parking in rights -of -way. He asked about the on -street parking of "For Sale" items on Frontage.Road and. -asked how, it. 'con. be.dealt with. He suggested that maybe if there were signs there stating "No overnight Parking" people would not -park there because of the inconvenience of moving the vehicles every evening. It was suggested that that is alreadya no overnight parking sane. Bannock stated that maybe the same people who tow cars from the airport parking .lot couldtow the cars from Frontage Road. Williams stated that proper signs need to be in place to warn people. Bannock said that if.the rules are there, they need to be posted; and once they are posted, they .must be enforced. a. He stated he had'o-phone.call concerning the lack of restroom facilities at the beach. Bob Frates said he.would make a phone call tomorrow; they were caught off'guard..- b. Smalley also said he is concerned about RV Is parking in parking.lots such as..K-Mart and Carrs without conditional use permits. He said we have privately owned facilities that 0 • KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 20 are not full, and these vehicles are being allowed to use these parking lots. Williams stated that he had a discussion with the manager of K-Mart about this subject. The K-Mart manager asked Williams if it would be permitted to put in electrical hook-ups in the parking lot for the RVIs. Williams told him there is nothing against it provided they were put in according to code. Williams told him there had been complaints before the Council about the subject. Smalley stated that the problem also extends to river guides who live within the City who are allowing people to park their RV's in their yards along Spur Highway, down by Thompson Park, down Angler Road, off Lawton, and other areas. Smalley asked if this could be turned over to Jack to be investigated for Planning & Zoning. Graves suggested maybe we should look at the definition of a recreational vehicle park. Bannock said the intent of the original ordinance was to have commercial operations. c. Smalley said he also received a call and a visit from Merle Feldman regarding the City's flower beds. She is concerned that the Watering of the beds is not as frequent as it needs to be. Williams: He thanked Council on behalf of the members of the Sister Cities for the financial support of the program. They served more than 100 people at the picnic and had a good time. The meeting adjourned at approximately 10:30 p.me s transcribgA and sybmitted by: • cca•sic.�a•, D AWPS1\NI NUTES\1994\72094 AIN 0