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HomeMy WebLinkAbout1995-08-16 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 16, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS �� 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Jerie Best - Use of New Senior Center Van 2. Kayo McGillivray - National Recreation & Park Association - Proclamation Reading/Signing and Video Presentation. C. PUBLIC HEARINGS 1. Resolution No. 95-46 - Providing for the Submission to the Qualified Voters of the City of Kenai at the General Election to be Held in the City of Kenai on October 3, 1995, the Question of Issuing General Obligation Bonds or Otherwise Incurring Debt in an Amount Not to Exceed $ to Provide a Portion of the Funds Necessary to Construct an Ice Hockey/Skating Rink Facility. 2. Resolution No. 95-47 - Providing for Submission to the Qualified Voters of the City of Kenai at the General Election to be Held in the City of Kenai on October 3, 1995, the Question of Issuing General Obligation Bonds or Otherwise Incurring Debt in an Amount Not to Exceed $ to Provide a Portion of the Funds Necessary to Construct an Addition to the City of Kenai Municipal Library. -1- 3. Resolution No. 95-48 - Supporting the Re -Establishment of a School Tax. 4. Resolution No. 95-49 - Supporting an Amendment to the State Constitution to Allow Establishment of a Dedicated Fuel Tax to Support the State's Transportation Systems. 5. Resolution No. 95-50 - Supporting Local Control Over Gaming/Gambling in the City Limits of the City of Kenai. D. COMMISSION/COMMITTEE REPORTS 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 E. MINUTES 1. *Regular Meeting of August 2, 1995. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1659-95 - Creating KMC 7.15.110 to Provide That the City May Offset Amounts Owed to Contractors by the City Against Amounts Owed by the Contractors for Delinquent City Taxes. 4. *Ordinance No. 1660-95 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Lots 3 and 4, Block 8, Shaginoff Subdivision and Within the City of Kenai. -2- 5. *Ordinance No. 1661-95 - Increasing Estimated Revenues and Appropriations by $36,800 in the S.T.P. - Disinfection/Safety Program Capital Project Fund. 6. Discussion - Airport Commission Recommendations a. Salmon Producers Alliance b. Fun in the Midnight Sun Reservation Central C. Airport Regulation Amendment 7. Discussion - Alaska Department of Environmental Conservation's Municipal Matching Grants. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING AUGUST 16, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Swarner (arriving at approximately 7:04 p.m.), Monfor, Measles, Bannock, Smalley, Williams and Bookey. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: B-1, Jerie Best - 8/11/95 letter from Grace Merkes regarding senior van use. ADD AS: B-3, Sandra Vozar - Land Trade Proposal between Swarner/O'Connell, Hakkinen and Vozar (see Info 3) ADD TO: H-2. Purchase Order to Davis Block & Concrete - $3,225.70 ADD TO: I-2, City Manager Report - Haller Water/Sewer Bill - Background Info ADD TO: I-4, Kenai Peninsula Municipal Coalition Meeting Notice MOTION: Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. taIIAR CONSENT AGENDA Mayor Williams stated he had no changes to the consent agenda. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. Councilman Bannock requested a correction to the minutes of the 8/6/95 meeting, page 20, third paragraph, second line .... change it to read 11... he would recommend not tieing it in with ... 11 There were no other changes to the consent agenda. There were no objections. SO ORDERED. Introduction of persons in the audience: Mayor Williams introduced Parks & Recreation Commission Chair Dick Hultberg; Eileen Bryson and Dick Morgan, members of the original Parks & Recreation Commission; and, councilmember candidate Jackie Oberg. Later in the meeting councilmember candidates Joe Moore and Councilman Bookey were also introduced. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Jerie Best - Use of New Senior Center Van Ms. Best introduced herself as residing in Soldotna. Best added, approximately five people who wanted to attend the meeting, could not because their motorized wheelchairs would not fit in the elevator. Best gave a synopsis of her background, i.e. working with seniors in Portland as a manager of senior services. Best went on to explain that there are no facilities in the communities for the disabled who are under the age of 60. The alternatives for those persons needing rides to doctor appointments, etc. are to hire a van from Heritage Place for approximately $70.00 or hire a taxi. Best requested the senior van be shared between the Senior Center and those disabled persons in the Kenai community. They would pay a fee for the rides as they are aware of the costs involved in operating the van. If the monies which purchased the van are public funds, the van should be used to provide transportation for the public. Best stated she has discussed the problem with doctors and they are willing to block time for seeing a number of patients, so that the van could be scheduled for that use at a specific time. She estimated four to eight rides a week would be needed. There KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 3 are about 50 persons in the Kenai/Soldotna area that need rides. They would not need rides every day or every week. Best passed out a photograph of the Kenai van being used by the Kenai River Classic to transport senators and other dignitaries. Best questioned the use of the van for them and not for others in the community who need a ride to the doctor. Paul Sopchak - Mr. Sopchak introduced himself as the State Vocational Rehabilitation Director in Kenai. Sopchak explained he has the primary responsibility to find employment for mentally and physically disabled persons in the community. As an All America City, Sopchak hoped council could see this as an opportunity to determine how best it could serve all the individuals residing in the city. Also, with effective planning, the vans could be decisive in the future of all the city's people. Del Lopez - Mr. Lopez introduced himself as the director of the Independent Living Center in Soldotna. The purpose of the Living Center is to give information and referrals in regard to the disabled persons on the Peninsula. They have already established there is a need on the central Peninsula for transportation of disabled as there is no public transit system available, and especially for those people who are newly disabled .ithout there own mode of transportation. Lopez added he believed, from the information included in newspaper articles, that the impact on the Senior Center would be minimal. Lopez also offered volunteers from the Living Center to coordinate ride scheduling. Lopez added, he strongly urged council to get a van with a lift as it is good to have it as a back-up van. council Discussion - Councilwoman Monfor noted Best had said they would not expect the city van to be used to transport Soldotna residents to the doctor, only Kenai residents. Monfor asked City Attorney Graves what kind of liability the city would assume by transporting persons who are not seniors in a senior van. Monfor noted the council decided to purchase the van instead of the Senior Connection paying a portion of the cost. If the van is used for other persons who are not seniors, who is liable. Attorney Graves answered, if the city puts people in a city van, the city has the liability. The city has liability insurance. However, when applying for the insurance, the city did not tell KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 4 the company that the city was transporting disabled people from the general population because the city does not cover that service. Finance Director Brown added, when applying for liability insurance, the forms ask if the city operates any mass transit system. On all the forms completed, he wrote no, except for senior citizen meals -on -wheels delivery. He was not aware if using the van for such a public transit system would affect the city's rates. Monfor asked if the city would provide the service for residents who are disabled, would an age criteria be established? If so, what would happen if there is a person who has no transportation, is not disabled, or may be on public assistance? The van could become a mass transit operation. Monfor added, she felt the idea of a van available for such use was very worthwhile and she was receptive to scheduling coordination, however, it is an all - encompassing question of what -ifs and the council would not be able to decide at this meeting or in two weeks. The "what ifs" would have to be researched more. Best stated the city is already operating a van with a lift and transporting disabled Kenai residents. She is suggesting a demand-resnonse use. Insurance would have to be researched. They are asking for use of the van for people with very specific needs and mobility limitations. She sees the criteria to be someone who falls into a category of an agency that the city approves of, i.e. Vocational Rehabilitation, Independent Living, etc. They are asking for the help because there is no other system offered. Mayor Williams stated he felt the perception of the van being paid with public funds is somewhat skewed. Williams explained there were sufficient earnings in the senior housing account, from which council took money to buy the van. He did not want the perception to be that General Fund money, which the taxpayers had paid into the city, was used to purchase the van. Williams added his concerns that there were no people at the meeting or represented with letters (included in the packet) which were citizens of the City of Kenai speaking in regard to the use of the van. The letter from the Vocational Rehabilitation office had no signature. Williams stated he understands the need for transportation for the disabled, but believes the City of Kenai is the wrong venue. The Borough or KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 5 Frontier Training, who could apply for grants to fund this type of transit system, would be more appropriate to offer the service Peninsula -wide. Councilwoman Monfor asked Attorney Graves if the Senior Connection had purchased the van, would there be the same ramifications. Graves answered he did not think it would make a difference. As he remembered, the Senior Connection would have donated the van to the city with no strings attached and as such, the van would have become public property. Paul Sopchak - Mr. Sopchak explained the letter which Mayor Williams discussed, was written by him. He did not sign it as there were other persons working in his office who are residents of the City. Sopchak added, he has come across an increasing amount of citizens in Kenai that would profit from and use this type of transportation if it were available. He wrote the letter on behalf of his office. A gentleman from the audience asked if it was known how many people reside in the city of Kenai who are disabled and who did not attend the meeting. Williams noted the meeting had sufficient amount of notice. Someone could have responded by letter for them or for themselves. Also, it had been stated that 41 letters had been sent out to prospective users of a van and only four people were in attendance. Williams added, it is not that the council and City are not concerned, but that the City is the wrong venue. The City is not running a public transportation system. The van was not purchased specifically with taxpayers dollars. The city does fund the Senior Center with broad grants to do specifically that job. Williams asked how, in the annual audit, would the time spent by the Senior Citizens Director and staff, etc., in the transportation of disabled persons who do not fall under the criteria of senior citizen programs be explained. The city could be found in violation of the grants that fund senior center programs. City Manager Manninen stated the council voted the money, and it is public money, and is council's decision. It is also council's decision not be involved. It's been a long-standing decision not to be involved in a demand -response or fixed -route general transportation system, but only to have a system for the seniors. Manninen added he thought by expanding the coverage, it's a council decision to be involved or not to be involved and the KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 6 staff could tell you if you wanted to be involved what the insurance would cost. Whatever it cost, if you wanted to go into a fixed route or a demand system, other cities have it. He is aware that type of insurance is very expensive. Manninen added, it's a council decision to decide whether or not they want to provide those services. And to what extent they want to provide them and whether you discriminate against the young or the old, the disabled or whomever. It could be called discriminated or providing services as it would be to provide services to the seniors for congregate housing at the Senior Center and that's been it. If council wants to expand that, it could be expanded or change it. It is a council decision. It's a policy decision. It's good to have the people come and say they have these needs. He does not think council needs to be defensive about why they can or cannot. They haven't provided the services in the past. It doesn't mean there are not needs or haven't been needs in the past either for disabled, handicapped or for younger, older, for schools or whomever. Basically, it is a council decision. Do you want to do it? What will the financial impact be? Is it worth the investment? Are there other private areas that would be gotten into that could provide the service? Williams asked if the city could act as a pass -through agency for grant monies to a non-profit who could offer this service. If there was an entity to undertake the responsibility of disabled transportation, in its entirety (purchasing vans with grant monies, furnishing the drivers, staff, insurance, etc.), could it be done, i.e. WRCC, etc. Manninen stated something like that could be done with a transit system, a separate transit system could be set up. It wouldn't have to be part of the city. It could be a borough -wide system. That makes more sense. If there are ten people in Kenai that need the services, does it make sense for the City of Kenai to provide such a demand system for ten people? Or, would it be better to have a system on a borough -wide level? The borough may say they cannot afford it because it would be a new system. Then you would get back to who provides busing for special events. How do they get services now and that may be the most cost- efficient way to do it. He did not think the city needed to feel defensive. It's just, you provide it or you don't provide. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 7 Monfor stated she would like to know if Ms. Best or Mr. Lopez could provide information as to how many people reside in the City of Kenai who would need this service. Best stated they did come and measure the elevator and people couldn't come because they couldn't fit into the elevator. Best stated it was not a criticism. Manninen stated it was and could be responded to by saying that all it takes is a call to the city to let us know there is a problem and some alternate access could be made so that people could attend. However, the city needs to be notified. Manninen added, looking at the agenda, he knows there are the standard numbers for ADA access and the Clerk's office could be called or manager's office and say there is a problem. That's something that the city should do and will make a note to be accessible that way and do it and respond. The City never realized that as no one measured it and no one has that kind of disability where they went in. Manninen added, he was sure when the building was built it was accessible and met the code. If it didn't it wouldn't have been built. Information given by Mayor Williams was that it was the first time in 15 years that the question was raised. Apparently, when the elevator was in, it met code and maybe there are different disabilities, different sized chairs, a lot of things may be different. Mayor Williams thanked those persons who attended the meeting in regard to the use of the senior van and added that if council would want to consider making the van available as requested, it would be something that would need to be considered during budget hearings. A new program, such as this, would not be started at this time. Williams suggested the discussion could be brought back early in the new year for consideration during the next budget session. A woman from the audience stated if council would decide to go ahead with such a program, she hoped council would use the resources available in the community to find how many people in the Kenai community could use the services. If that information is not already known at that time, she would help in finding that information. Williams suggested she call the City Clerk and give her name and address for future contact. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 8 B-2. Kayo McGillivray - National Recreation & Park Association - Proclamation Reading/Signing and Video Presentation. Parks & Recreation Director McGillivray presented a video which was produced by the Pacific Northwest Regional Council. The video discussed the benefits of parks and recreation services. McGillivray added, the video was produced during his tenure as president of the Alaska State Parks & Recreation organization. All the regional organizations are producing similar videos. At 7:45 p.m., a break was taken to watch the video. The meeting resumed at approximately 8:00 p.m. At that time, a proclamation (which is being sent to all members of the Pacific Northwest Regional Council for a similar presentation and signing) from the National Recreation and Park Association/Pacific Northwest Regional Council was read by Kenai Parks & Recreation Commission Chair, Dick Hultberg, Eileen Bryson and Dick Morgan (original members of the Kenai Parks & Recreation Commission). The proclamation was signed by Mayor Williams. B-3. Sandra Vozar - Land Trade Proposal between Swarner/O'Connell, Hakkinen and Vozar. Sandra Vozar introduced herself as a long-time resident of Kenai's Old Town and owner of the Toyon Apartments and an RV Park in Old Town. She is now developing Old Town Village which will include small log cabins for housing vendors and a salmon/halibut feed restaurant. Vozar reviewed information included in her letter which was included in the packet as Information Item No. 3. Vozar went on to explain that since Mission Avenue's bluff erosion problem, visitors to the area do not have a place to watch the activities at the mouth of the river. With this in mind, she has approached Dan Hakkinen, owner of property on the bluff which is close by her RV park (the property was noted on a map which Vozar passed out). Vozar stated she would like to trade or purchase the Hakkinen property and donate it to the city as a park. Vozar added, she owns property in different areas of the Peninsula and in Wasilla. She is willing to swap property and the city could put up the cash difference. Vozar stated she felt it would benefit the city as people need to come to Kenai and see what it has to offer. If the property is sold to someone else, it will be gone. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 9 Council had no questions of Mrs. Vozar. Dan Hakkinen - Introduced himself as a resident of Soldotna, and owner of the property being discussed. Hakkinen explained he was not interested in trading his property for other property. He is willing to sell it and is asking $80,000. When he bought the property, it was appraised at $100,000. In 1987 it was appraised at $75,000. Hakkinen added, Mrs. Vozar asked if he would trade the property and he told her he was not interested. Vozar interjected she was willing to buy the property and willing to give up some of her land to get it. She thinks there may be people in the community who would be interested in working toward her proposed end. Williams stated there were two members of the press in the audience and that through their news releases about the meeting, might mention the proposed swap or trade of properties. Williams added, council had discussed the purchase of the property in the past but decided not to purchase it. BREAK TAKEN: 8:15 P.M. BACK TO ORDER: 8:33 P.M. ITEM C: PUBLIC HEARINGS C-1. Resolution No. 95-46 - Providing for the Submission to the Qualified Voters of the City of Kenai at the General Election to be Held in the City of Kenai on October 3, 1995, the Question of Issuing General Obligation Bonds or Otherwise Incurring Debt in an Amount Not to Exceed $ to Provide a Portion of the Funds Necessary to Construct an Ice Hockey/Skating Rink Facility. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-46 and Councilman Measles SECONDED the motion. KENAI CITY AUGUST 16, PAGE 10 COUNCIL MEETING MINUTES 1995 Public Comments Marion Nelson - P.O. Box 3612, Kenai, AK. Nelson stated she sincerely supported the resolution and hoped it would be passed and the question would be taken to the voters. Councilman Bannock asked Nelson what scope of project did she support. Nelson answered as much multi -use of the ice as possible; the feasibility of keeping ice into March and part of the summer for workshops, hockey camps, summer training (which would require some level of refrigeration). Nelson added, an option she reviewed in EDD information on different types of facilities, would be not a completely enclosed building, without air -handling facilities. She believes that would be a saleable option to the community. That type of facility would be more useful and practical and could be sensibly expanded in the future. Bannock asked if a figure of $2 million was an amount she would support. Nelson explained she does not live in the city at this time, however if she were a resident, she would support that amount. If the facility is built, she plans to build on her property she owns in the city. Councilman Bnnkey asked, because she is a property owner in Kenai, building a facility may mean a mil rate increase. How would she feel about that. Nelson answered she supported it. She believes the facility would more than pay for itself. Such a facility would speak to parks and recreational activities (discussed in the video) and would be available for people of all ages. Kathy Maus - 4540 Kenaitze Court, Kenai. Heus questioned the statement "...provide a portion of the funds..." included in the resolution. Williams explained council would include an amount for the development of the facility. However, if the project funds would not be enough, the difference could be made up from the General Fund. The bond funding would cover the cost of what they want to do, but the wording allows some "wiggle room." Williams suggested an enclosed, covered ice rink and include machinery for ice making. If it is cold enough outside, the refrigeration would not be used. Williams added, he believed the facility could be built for $200-300,000 for the building; $1 million for the ice rink machinery, concrete, locker rooms and Zamboni area, etc. Williams suggested that type of facility KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 11 could be built for approximately $2 million. Councilman Measles suggested the amount be set at $2.5 million so no monies would be taken from the General Fund. Councilwoman Monfor asked where the facility would be situated. Williams answered across from the Kenai Central High School. Because of the settlement of the Mental Health Lands Trust issue, the Borough can now apply to transfer that land from the State to the Borough and then the city can apply for transfer of the land (from the Borough) for public purpose use. The Borough could also hold the ownership and the city could lease it from them for $1 per year, or the city could give the rink to the Borough when the City no longer wants it. Williams added, use of that property would cut down the cost of the facility by using the school parking lot. There are public utilities (water/sewer, electricity) at the property, etc. Classrooms at the school could be used for housing visiting hockey teams, etc. City Manager Manninen added, council could consider $2.5 million on the bond issue and consider to donate the facility, upon completion, to the Borough and have them operate it. City Attorney Gravers suggested. the resolution be amended by adding "and equipping" in the body of the proposition to read, 11... funds for planning, designing, acquiring, constructing and equipping...11 Councilman Bannock MOVED to add "and equipping" in the proposition as suggested by the City Attorney. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. MOTION TO AMEND: Councilman Measles MOVED that the not -to -exceed figure be shown as $2,500,000. Councilman Smalley SECONDED the motion. Councilwoman Swarner forwarded another advisory petition to the City Clerk. Williams noted the information included in the packet had only a portion of the signatures. All the signatures were included in the packet for the last meeting. He requested only one of the petitions be included this time to show the KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 12 question asked of the people signing the petitions. Information included in the packet acknowledged there were 100 signatures, but only 69 of those signatures were of people registered to vote in the city of Kenai. Bannock asked, for clarification, the vote on the resolution is simply to place the question on the ballot. Williams answered yes, and that the vote on the resolution does not signify a position by the council or administration of the city. VOTE ON AMENDED MAIN MOTION: Swarner: Yes Bannock: Yes Bookey: Yes Monfor: Yes Measles: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 95-47 - Providing for Submission to the Qualified Voters of the City of Kenai at the General Election to be Held in the City of Kenai on October 3, 1995, the Question of Issuing General Obligation Bonds or otherwise Incurring Debt in an Amount Not to Exceed $ to Provide a Portion of the Funds Necessary to Construct an Addition to the City of Kenai Municipal Library. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 95-47 and Councilwoman Swarner SECONDED the motion. Kathy Heus - 4540 Kenaitze Court, Kenai. Heus introduced herself as the Chair of the Kenai Advisory Library Commission. Heus explained the Commission has had a library expansion on its goals and objectives for a number of years. They were happy that council had decided to consider bonding for an expansion. They have had a short amount of time to discuss a design, but worked with an architect to produce some possible plans. The designs are to allow for more space allocation. The Commission was not able to ask many questions of the architect, but the Commission discussed the designs at length at their last night's meeting. Heus added, the parks and recreation video shown at the beginning of the meeting was appropriate as the promotion of parks and recreation is part of the economics and livability of the KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 13 community. This is something people and industry investigate prior to moving to a community. The library and other educational services are also investigated. Heus noted other Commission members who were in the audience, i.e. Bob Peters, Lorrene Forbes and Janice Rodes. Williams stated he and council thought the design of the facility was to have been completed some time ago. Public Works Director Kornelis stated the schematics had been done. Williams noted the proposed design is a 16,000 square foot addition. This would almost triple the size of the present building. Williams asked if the Commission had considered adding in increments. Librarian DeForest answered the Commission decided they should pursue the whole addition at this time. Williams suggested that at $1.50/sq. ft., the cost would be approximately $2.4 million. Kornelis added, that amount would not include the design, testing, inspection, etc. Their calculations were closer to $3.2 million at $2/sf. Bookey stated his concern that the maintenance and upkeep costs would be significant. He would like to see a simpler project. He did not believe the voters would agree to a cost of $3.2 million. Bookey suggested a cost of $1 to 1.5 million. Williams stated a number needs to be included in the resolution. At this time, they would not know what to expect from a smaller facility or how it could be enlarged in the future. Williams suggested placing a cap on what to ask and have the architect design to that cap. Councilwoman Monfor noted that Council's request in the Capital Improvements Project list was for $1 million. She stated she was concerned that it would put doubt in the voters' minds if they now ask for $3.2 million. Monfor explained the Commission felt it was a high amount to request, but that was because the design includes ADA accessible restrooms and an elevator, along with stacks and computer rooms. There are not a lot of rooms in the design. Monfor asked what would happen if the cost came up less than the amount requested for bonding. Councilman Measles answered, if the cost is less, they would only have to pay back the amount spent. Councilwoman Swarner asked how much it would cost to remodel the present facility to fulfill the ADA requirements. DeForest answered, four years ago the former Building Official suggested KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 14 $50,000. Councilman Bookey asked if there would be an increase in personnel to run the facility with the addition. DeForest answered, maybe one full-time person. Williams referred to Monfor's remarks and stated if they place a figure in the resolution of which council is comfortable and the bond passes, they would then tell the architect and Commission to design the addition around that figure. . MOTION TO AMEND: Councilwoman Monfor MOVED to place a figure of $3,000,000 in the resolution for a 16,000 square foot addition to the library. Councilman Smalley SECONDED the motion. Williams stated he would like the addition to be done, but thinks a bond issue for that amount of money may fail. Bannock suggested the Library Commission will have to do an effective job promoting the issue. Bob Peters - Old Town, Kenai and Library Commission member. Stated his support of the addition to the library. Peters compared the passage of the bond resolution for the ice rink to the library addition bond resolution. There were 100 signatures on the advisory petitions and there are 14,000 cardholders for the library. Peters added, he believed $3 million is a reasonable figure. They would be building for the future. It would be more expensive to build the addition in sections. Peters added, he believed the public should decide. The addition to the library would be an asset to the community. Williams asked Finance Director Brown what mil rate would be required to pay off $5.5 million (ice rink and library bonds). Brown answered that over 20 years it would be a 1.63 mil rate increase for each year, i.e. .74 mil for the ice rink and .89 mil for the library. The city is at 3.5 mils now. Measles stated there will be more cost to the city for the operation and maintenance of both facilities. Probably in excess of $2 million. Swarner asked Heus if there was discussion of doing the addition in steps. Heus answered it was discussed a little. Heus added, they preferred building a daylight basement instead of two stories. In the past, they thought a second floor could be added KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 15 to the present building. They were informed it could not. Monfor explained, the daylight basement preference was because it would only take one person to take care of the area. With two stories, it would be more complicated. Monfor added, she requested the high water table be researched for the daylight basement design. Heus explained that the Commission discussed the design at great length. Upon discussing, and given the information they had to make their decision, they felt the $3 million was what to ask for at this time. This decision was based on (1) that would be all they could add to the building because of the space and property availability; and (2) when figuring the cost, they suggested it would be a $32 cost per resident over thirty years' time. They felt that was not an extreme investment for the residents. Williams stated he felt there would be a definite mil rate increase to accomplish either of the proposals. Smalley stated he believed it was time to put the questions on the ballot and let the voters decide. The public will be told of a mil rate increase that will be caused by the projects. Janice Rodes - 207 Birch Street, Kenai and member of the Library Commission. Rodes asked if the bond resolution would be passed without savinn what would be inrlulded. Williams answered it is a 1 -.y1111- conceptual design and that either design presented would cost approximately the same amount. Rodes stated she plans to vote for the bond issue, but didn't know if she could explain it. Williams stated he hoped the Commission will press the architect to develop worthwhile schematic designs to post in lots of areas of the city for the people to review. Katie Peters - Old Town. Miss Peters stated she has lived in Kenai all her life and plans to live here in the future and a raise a family here. She also volunteers at the library. With new technologies, etc., she believes the addition to the library will be an asset to the community. There will be more rooms for books, etc. She believes the community should have the chance to vote on the issue. VOTE ON THE AMENDMENT (placing a figure of $3 million on the resolution): There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 16 MOTION TO AMEND: Councilman Smalley MOVED to amend the resolution to include "and equipping" in the body of the proposition (similar to Resolution No. 95-46). Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. RETURN TO RESOLUTION NO. 95-46: Williams requested Clerk Freas to review her notes to examine whether the main amended motion for approval of Resolution No. 95-46 was voted on or not. Williams added he believed they did not vote on the main amended motion. Attorney Graves explained he believed the first vote was on the motion to amend and was by unanimous consent; the second motion to amend was by roll call; and there was no third vote on the main amended motion. Councilwoman Monfor asked for a point of clarification on the resolution for the library. Monfor noted the library, in the body of the resolution should read Kenai Community Library and not the Kenai Municipal Library. Monfor suggested the proposition should show that so that people will not be confused. Clerk Freas, upon checking her notes, agreed the main amended motion was not voted. Williams recalled Resolution No. 95-46 to the table. MOTION: Councilman Smalley MOVED to approve Resolution No. 95-46, in its entirety as amended twice. Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 17 VOTE ON MAIN AMENDED MOTION (Resolution No. 95-46): Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. RETURN TO RESOLUTION NO. 95-47: Williams noted Councilwoman Monfor's concern the name of the facility in Resolution No. 95-47 (Kenai Municipal Library) should be changed to Kenai Community Library. Attorney Graves advised the resolution should be reconsidered and amended as the resolution had been passed by council. Iy[6310to) zo414111l;4*Ke1 f f 4§10*1N1V 0) zF. Councilwoman Monfor MOVED for reconsideration of Resolution No. 95-47 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. MOTION TO AMEND RESOLUTION NO. 95-47: Councilwoman Monfor MOVED to amend Resolution No. 95-47 that anything that says City of Kenai Municipal Library be changed to Kenai Community Library and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There was no discussion on the motion. VOTE ON AMENDMENT: There were no objections to the request for UNANIMOUS CONSENT. SO ORDERED. MOTION TO APPROVE RESOLUTION NO. 95-47 AS AMENDED: Councilwoman Monfor MOVED for adoption of Resolution No. 95-47 as amended in its entirety. Councilman Bookey SECONDED the motion. There was no discussion or objections. Williams requested a roll call vote for the record. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 18 VOTE ON AMENDED RESOLUTION NO. 95-47: Swarner: Yes Monfor: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. Librarian DeForest noted that it was Katie Peters' 12th birthday. Miss Peters has been volunteering at the library for four years. Council and audience congratulated her and thanked her for her interest and support. C-3. Resolution No. 95-48 - Supporting the Re -Establishment of a School Tax. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-48 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Williams explained council had the resolution prepared to be presented to the AML annual meeting. They are requesting the support of the AML and the Leaislature to include a school tax of $100 a year to be paid by each person employed in the state. Everyone would be taxed $100 for the support of education. It would include those persons who do not live in the state paying the tax.) There were no public comments. Councilman Bannock stated he would vote against the resolution as he feels there can be other cuts made before making a mandatory school tax. Williams stated he would prefer the resolution not include the $100 amount. MOTION TO AMEND: Councilwoman Monfor MOVED to amend Resolution No. 95-48 by removing the $100 from the "now, therefore." Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 19 VOTE ON MAIN AMENDED MOTION: Swarner: Yes Monfor: Yes Measles: Yes Bannock: No Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED. C-4. Resolution No. 95-49 - Supporting an Amendment to the State Constitution to Allow Establishment of a Dedicated Fuel Tax to Support the State's Transportation Systems. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 95-49 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no public comments. Mayor Williams explained the resolution requests the setting up of a dedicated fund not now allowed by the Alaska Constitution. At this time, all funds must go into the General Fund, except the Permanent Fund and the Reserve Fund. As written, the resolution requests all fuel taxes go into a dedicated fuel tax fund to be used for highway maintenance. Councilman Measles stated the resolution did not state that. Williams noted it asked to fund the transportation system. Measles stated that would mean the state could buy a new ferry with the money. Williams stated the problem is that without the wording in that form, it would never get passed by the those in the southeast because of the importance of the ferry system to their communities. Councilman Bannock asked if the fuel tax would include the ferry fuel. Williams answered yes. Williams suggested to say "maintenance of the state's transportation systems." Smalley stated the money could still go to the ferries. Williams explained, the purchase of a new ferry may not be considered as maintenance. They are concerned about the aging fleet of ferries which are to be replaced in the near future. Williams added, the way the resolution is now worded, it would also include airports, docks, ferries, etc. Measles suggested the wording be re -thought. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 20 Q631 *CONM0110ei ODE Councilwoman Monfor MOVED to table Resolution No. 95-49 and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. The resolution was sent back for further work and review. C-5. Resolution No. 95-50 - Supporting Local Control Over Gaming/Gambling in the City Limits of the City of Kenai. MOTION: Councilman Bookey MOVED for approval of Resolution NO. 95-50 and Councilman Smalley SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Williams explained the resolution was being considered because at this time, the city of Kenai has no control in who participates in gaming or gambling within the city. The city is required or requested to review applications for such things as bingo and pull -tabs, but if council objects, and unless it follows a strict State criteria, the city's objections are not heard. As a result, the city has refused to comment on applications for gaming and gambling within the city limits. The council is saying they want more local control over whether gaming and gambling should occur within the city limits. Councilman Measles asked why the resolution was directed only at multiple -beneficiary permits, rather than gaming permits in general. Attorney Graves explained the resolution said "gaming activities including multiple -beneficiary permits." Measles noted that in the second, fourth, and fifth whereas, only multiple -beneficiary permits are discussed. Measles stated he thought it should refer to all gaming permits. Bookey added, that was council's original intent. City Manager Manninen stated the current law is in the first whereas included in the resolution. It states, "Local government is preempted from controlling gambling or gaming activities except for operators and vendors...11 There is no authority for multiple -beneficiary permits. Representative Navarre's HB271 would give the municipalities the opportunity to control or have some say on multiple -beneficiary permits. The interpretation, KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 21 the way this was drafted, was that it was for multiple - beneficiary permits and if council wants it different, the resolution can be amended. Councilman Smalley asked if state law currently gives the city authority over just gaming permits. Measles answered, only as far as operators and vendors. Not the permit holder. Smalley stated he thought the original intent of council was to cover all. Measles agreed and stated that unless you have that, there still is no control over a permit holder from out of the city who is applying to operate in the city of Kenai. MOTION TO TABLE: Councilman Measles MOVED to table the resolution and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. Williams noted that the resolution had been tabled for redrafting and both Resolution No. 95-49 and 95-50 are to be included for action at the next council meeting. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported a group of seniors from the Wasilla area visited the Kenai Senior Center. D-2. Airport Commission Councilman Measles reported the minutes were not included in the packet. There are some items coming up later in the meeting which were discussed by the Commission at their last meeting. Mayor Williams noted that he, Councilman Measles, Airport Manager Ernst and others attended the ribbon -cutting ceremony for the newly paved CAP taxiway. D-3. Harbor Commission Councilman Bookey reported the Commission met and discussed bluff erosion and access to the dunes. The Commission is concerned about what is taking place and discussed again the placing of pillars at the bottom of the bluff to help stop the erosion. The KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 22 Commission chair was going to discuss the matter with the city manager. Bookey stated he was not aware if that discussion had taken place. Williams noted there was a discussion after the meeting in regard to a proposal for engineering. Bookey reported he did not think it would be appropriate to bring that information to council as the Commission had not discussed the proposal as a whole. Bookey stated he would first discuss the matter with the Commission and then bring it to council. D-4. Library commission Councilwoman Monfor reported the Commission met August 15. There was a lot of input from the Commission in regard to the proposed library addition. She will request Friends of the Library to urge people to get out and vote. D-5. Parks & Recreation commission Councilman Bannock reported the Commission met but no meeting was held as there was no quorum. D-6. Planning & Zoning commission Councilman Bannock reported he attended the Planning & Zoning Commission meeting for Councilman Smalley. Bannock stated it was a short meeting at which a site plan was approved. The Commission also discussed the council's reversal of P&Z's finding in regard to the Benton appeal. They discussed the Comprehensive Plan and found there were different opinions of what the plan talked about in regard to the Benton area. Bannock added, he didn't know if the map in the Comprehensive Plan was for what is there now or for what it should look like in the future. Williams stated he thought the Commission would be discussing that a lot in the near future. Bannock stated he thought the Comprehensive Plan does define for the future of the area and that is why he voted as he did on the matter. Parks & Recreation Director McGillivray reminded council that they directed Administration to put out a RFP for an instructor/trainer for the Recreation Center. McGillivray reported he did and received one reply. The proposal was KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 23 submitted by Cherie Woods for $35 an hour. McGillivray explained the $35/hour price was what she had suggested previously as an instructor for the Wellness Program. McGillivray continued, Woods would be available for classes on Tuesday and Thursday mornings and evenings. In his budget for FY 95/96, he included funding for classes only for one hour in the evening for the Wellness Program. He would like to offer two classes on Tuesday and Thursdays. McGillivray asked council if they wanted him to have an appropriation ordinance prepared for the next council meeting in order to allow for two classes on Tuesdays and Thursdays. Swarner asked if McGillivray thought there would be enough interest to hold the morning classes. McGillivray answered yes. Swarner stated that she thought if council was in favor of the Wellness Program, citizens and employees, they should try it. McGillivray stated it would be for a fifty -week time at approximately $3,500 cost. McGillivray added, the employees would pay half the normal cost for a card. They plan to open the class to the public as there may not be enough city employees participating to fill the classes. Councilman Smalley asked if the statement "the employees will pay half," means all employees. McGillivray answered, all city employees who are involved in the Wellness Program. They have an option of being in the program or not. MOTION: Councilwoman Swarner MOVED for an adjustment to the funds. Councilman Bannock SECONDED the motion. Mayor Williams asked how much was Swarner suggesting. Swarner answered, beginning in September for the additional hours in the morning. McGillivray stated he would discuss the matter with the Finance Director and work out the cost to run the program until the end of June. An appropriation ordinance will be included in the next council meeting agenda. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 24 D-7. Miscellaneous Commissions and Committees Beautification Committee - Councilwoman Swarner reported there was no quorum for the Committee's last meeting. A short work session was held and then they attended a reception at the Leif Hansen Memorial Park. The group, along with other members of the public and representatives from the Anchorage Botanical Gardens and Cooperative Extension Service toured the gardens. The Beautification Awards were presented on Wednesday at the Chamber luncheon. Historic District Board - Williams noted there were two applications for placement on the Board which were included in the packet. There was a question of residency of one of the applicants and also what, if any, specifications of those positions were required. Clerk Freas was requested to investigate the requirements of the two available positions and the residency of the applicants. The information is to be brought back to council as soon as possible. ITEM E• MINUTES E-1, Regular Meeting. of Aug.ust 7, 1995, Amended and approved at Consent Agenda. ITEM F• None. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 25 MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Monfor MOVED to pay the purchase orders over $2,500 and Councilwoman Swarner SECONDED the motion. Councilwoman Monfor questioned the description of the project as "refurbish" as the restrooms had not yet been built. MOTION TO AMEND: Councilman Smalley MOVED to amend by deleting the word "refurbish" on the second line of the description of the first purchase order. Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. MOTION TO AMEND: Councilman Smalley MOVED to add the purchase order to Davis Block for the amount of $3,225.70 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Kornelis was asked what the cost of the restrooms would be to build. Kornelis answered approximately $28,000. Finance Director Brown corrected him and stated there were other purchase orders involved. Kornelis corrected and stated approximately $40,000. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. H-3. Ordinance No. 1659-95 - Creating KMC 7.15.110 to Provide That the City May Offset Amounts Owed to Contractors by the City Against Amounts Owed by the Contractors for Delinquent City Taxes. Introduction approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 26 H-4. Ordinance No. 1660-95 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Lots and 4, Block 8, Shaginoff Subdivision and Within the City of Kenai. Introduction approved by consent agenda. H-5. Ordinance No. 1661-95 - Increasing Estimated Revenues and Appropriations by $36,800 in the S.T.P. - Disinfection/Safety Program Capital Project Fund. Introduction approved by consent agenda. H-6. Discussion - Airport Commission Recommendations H-6a. Salmon Producers Alliance Williams referred to the memorandum included in the packet which explained the Salmon Producers Alliance has requested to lease space in the airport terminal. The space would allow the placement of a video cabinet and monitor to play an informational film about the Cook Inlet salmon fishing industry. Airport Manager Ernst stated the operation would be like the Kenai video which had been in the airport previously. He has suggested the video be operated by a push button control and that the Airport__ Commission and council will preview and approve of the film before it is used at the airport. Ernst suggested a flat rate lease charge of $50/month. Council had no objections to going forward with the proposal. H-6b. Fun in the Midnight Sun Reservation Central Airport Manager Ernst reviewed the information included in the packet in regard to the proposal from Barb Kangas/Fun in the Midnight Sun Reservation Central. Kangas would like to lease counterspace formerly occupied by Raven Transit in the airport terminal (counterspace at the south end of the rental car spaces). From there, she would operate a booking agency. Ernst explained the business would be similar to what the Tourism Council had proposed earlier in the year. Kangas has stated the space would be attended during the work day. Hours of the business would be from 8:00 a.m. to 8:00 p.m. daily. Kangas is requesting to lease the space for the months of June, July and KENAI CITY AUGUST 16, PAGE 27 COUNCIL MEETING MINUTES 1995 August of 1996. The Airport Commission has suggested a flat rate lease rate of $50 to $75.00. The city would control how the booth is set up, etc. Councilman Bookey asked how much the kiosk spaces are rented for a year. Ernst answered $200 a year. Williams noted Kangas wants to secure the space so that she can advertise in the Milepost, Alaska Magazine, etc. for the new issues. Measles stated his concern that leasing that space for only June, July and August would lock up the leasing of the space for one year. Councilwoman Monfor suggested council not make a decision at this time, but that Ernst forward council's concerns to Kangas. Monfor suggested Kangas be asked if she would consider renting the space for $50 a month for twelve months. Ernst stated he believed that would be appropriate and thought Kangas would be accepting of that suggestion. H-6c. Airport Regulation Amendment Airport Ernst referred to the information included in the packet which explained that the Airport Commission recommended amending the Airport Regulations' definition of "loading zone" at Section 6.05.010(c). Ernst explained the way the regulations read is not how that regulation is enforced. Amending that regulation will better define the loading zone and allow persons to leave their vehicles to pick up or drop off passengers, baggage, etc. Councilman Bookey asked if that meant a person could park in front of the terminal to go in to buy a ticket. Ernst stated he did not think the regulation needed to be that specific. The time allowed would remain at 20 minutes. Williams noted that the regulation and the signage are in conflict to each other. The change in the regulation would make them more in unison. Some question arose as to the procedure in which the regulations needed to be amended. Attorney Graves stated the code required that the amendment be promulgated by the city manager first, after that, it is brought before council for review and amendments if needed, or approval. Mayor Williams requested the amendment be promulgated by the city manager and returned to council for review and consideration at the next council meeting. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 28 H-7. Discussion - Alaska Department of Environmental Conservation's Municipal Matching Grants. Public Works Director Kornelis explained he received a priority list from the State Department of Transportation. They are asking for the City's request list. Kornelis suggested additional funds for the water well development and STP expansion be listed as requests. Kornelis added the list is not due until September 15. If council has additional projects to list, he will add them. Williams confirmed council's suggestion that the water well development be first on the list and then additional funds for the STP future expansion. Smalley asked if he intended to list both projects on the list. Answer was yes. There were no objections. EXECUTIVE SESSION None held. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. MAPTS - Williams reported he met with the University Chancellor, and representatives of MAPTS and Unocal at a dedication of a new launch facility for the pond at the Fire Training Facility. The launch facility was donated by Unocal. They are also cutting a new road to the pond from the school. Williams also reported he agreed the city would donate truck loads of sand for the road. Williams asked council approval for the donation of sand. Kornelis stated the sand would come from the airport and the school is situated on airport lease land. Airport Manager Ernst stated it was a matter of interpretation of FAA requirements as they state that sand or gravel taken from the airport must be paid for at the going rate. Williams stated approximately 20 truckloads of sand would be needed. Williams was requested to find out the amount of sand and report back before committing. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 29 b. Marathon Oil Reception - Williams reported he would attend a reception in Anchorage with Marathon oil's board of directors. C. Donkey Engine - Williams reported he was work on moving the donkey engine to the city yards. Williams added, there was a possibility he would have to pay $500 for a crane to do the work. Williams asked if council had any objections to the expenditure of that amount. There were no objections voiced. 1-2. city Manager a. Water Well Property - Manninen reminded council that a few meetings ago they had some concerns over the water well property. He wrote a letter to the Borough. The Borough is proposing to have some of the land by Kenai Spur (passed out a map), about twelve acres, deeded over to the city for one dollar for government purposes and with an option to get the other property that's north of that property if the city has any use for it. They have discussed the possible use as a park cross- country skiing area in the future or the Mayor suggested that we might want to acquire the property and potentially swap it with the BOR for the property that they have title to next to the golf course and work the land swap out that way. Manninen asked what council's feeling was. Manninen added, first of all they would like to get this information so that they can get the city the title to whatever property that the city desires by the end of September. Measles asked if the 12 acres were included in the property as part of the total package. Manninen answered yes. Measles suggested the city take it all. Council agreed. Williams requested that Administration begin working with the Borough to acquire land next to the high school for possible placement of an ice rink. Make sure the Borough applies to the state for ownership of the property. After that, they will discuss who will own it after that. Williams clarified that the property as the land at Rogers and Lawton, bordered by Lawton and the Spur and Rogers. Smalley asked if at one time there was a commitment from the Borough Mayor's office? Williams answered yes, there was a commitment but then the Mental Health Land issue got involved. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 30 Manninen added that on the well development property, Mayor Gilman was very cooperative and it probably saved six months to one year of bureaucratic haggling just by suggesting that they hurry up. We will have to thank Mayor Gilman for that. b. Ryan's Creek - Manninen reminded council they wanted to know who owned what property on the north side of Ryan's Creek and it's Shelden Denton and Louis Schilling. Bookey asked if there was any other private property in the area. (Williams suggested Manninen show council the map he had which depicted the property and its owners.) Manninen continued, the other property is city -owned on the Senior Center side and except for Olga's, the vet clinic and a parcel behind it that Jeff Jefferson recently bought, the other properties are city property and there's a city -owned property map here somewhere on the board and one that just shows city property in green and if you look where it is, it will show you (from the Borough) who owns what property. C. Industry Appreciation Day - Manninen reported he received something today on Industry Appreciation Day on September 2 for Leif Hansen Park, 11:00 a.m. to 6:00 p.m. The request is for a source of electric power for the bands at no charge, permission to block Frontage Road from Olga's to the Uptown cross -street Spur View; and a $500 donation to assist in funding the event; a waiver of all permit fees and charges for the event. The letter was signed Jack Brown, Co -Chair. Councilman Smalley stated his concern of blocking Frontage Road with the road construction going on in the area. Manninen stated he thought the construction will be out of there and this is two weeks down the road. They told us a week ago that within two to three weeks they would be out of, back past KMart. They'll be parked in front of Craycroft. They'll be out of that area. Mayor Williams stated he spoke with Mr. Goforth about the event. Williams added the celebration plans were brought to his attention by the Chamber of Commerce director. Williams stated he thought they need to wait and see if it transpires. Councilwoman Monfor explained to the public that the Industry Appreciation Celebration is not sponsored by the industry, it's individuals that want to show appreciation to Unocal, Marathon, Shelby, BP, Tesoro, Arco and Stewart for their participation, support by tax dollars, jobs, good will, school funding, etc. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 31 Williams asked Kornelis if the electrical power in the park was on there all the time. McGillivray answered yes. Councilman Smalley stated he did not have a problem supporting the celebration. His concern was with public safety. Smalley asked Chief Morris if he foresaw and trafficking problems. Chief Morris stated he discussed the matter with the city manager and they decided he would find out from the contractor where they would be on the project at that time and what the detours would be in that area. If there is no detour through there, it should work out fine. Councilwoman Monfor suggested supplying sanitation facilities (port -a -potties taken off the beach) and waive the permitting, etc. Monfor added she was not suggesting a monetary donation, but the city could donate the port -a -potties, garbage receptacles, electricity, and permit fee waivers. There were no objections from Council. d. Kulila Lot - Manninen reported there were pictures of the Kulila lot available for council review. The only thing he wanted to say was that it cost $679.40 to haul garbage from the lot and take it to the Borough land fill. Williams stated the liability of the boat on the property has been discussed. Williams referred to City Attorney Graves to explain the particulars of marine law. Graves stated the boat had been roped off to keep people away. State statutes dictate the record owner must be notified. DOT declined to be involved. Through the Coast Guard the record owner was found to be Sherwyn and Associates whose individual partners are Sherwyn Dean, Miles Dean, Arlen Dean, Jackson. After their addresses are obtained, a notice will be served to them to let them know they will have 20 days to move the boat or it will be destroyed. Councilman Measles asked if marine law applies if it is a land- locked boat. Graves stated the statute says owners and lienholders must be notified of removal any derelict vessel on public property. The city will do the removal and he expects to have the addresses of the owners by the end of the week. The owners will then be notified by letter giving them 20 days in which to remove the boat. Graves added he is being very careful to make sure everything is done by the book because of the owners' litigious reputations. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 32 1-3. Attorney No report. I-4. City Clerk a. Kenai Peninsula Municipal Coalition - Clerk Freas referred to the meeting notice which was added to the packet. If council wishes to attend, notification is requested. Councilman Bookey stated he did not feel a tour of Resurrection Bay would be constructive. Bookey stated he would not be going. Councilwoman Monfor stated she attended two of the Coalition meetings and those were constructive. They were held at the Borough. Monfor added, the one meeting that the group traveled to Seldovia was so that everyone could be familiarized with the area. Williams stated he has been stand-offish about the meetings, however he had suggested to council that if they are meeting, the city should be represented. Bookey agreed, but felt the meetings should be in a more productive venue. Bookey added, he felt that traveling around is more like a junket. He spoke with people who attended the Coalition's last meeting in Seldovia and they felt the same. Councilman Smalley asked if a meeting of this type would be considered a closed meeting and be in conflict with the Open Meetings Act. Graves stated if it is an individual meeting it would be. As long as it is not a meeting of the Kenai City Council. Members present would have to be three or enough to control an issue. Williams added, the changes in the Open Meetings Act were written in such a manner as to exclude gatherings of officials, as long as Councilmembers of different municipalities did not meet together and have a meeting of their own without the proper notice, etc. b. Ballot Placement - Freas referred to her memorandum included in the packet which defined the ballot placement procedure for the city of Kenai. Freas explained the statute had changed and rotation of names was no longer required. In order to objectively place names in some order on a ballot, the city held a drawing. Freas announced the procedure was successful and the placement of the names were chosen to be: KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 33 Mayor: Williams Rodes Councilmember: Bookey Moore Wehrstein Tomrdle Oberg Freas added the procedure was observed by Jackie Oberg and Diane Stoeberl. Mayor Williams complimented the Clerk for the manner in which she handled the filing of candidates, timely manner in which all was completed, etc. Williams also thanked the Clerk for calling the Division of Elections in regard to his complaint of the new process. The reason the rotation of names on ballots was first put into law was due to violations in balloting. Freas explained she found the law was changed mainly due to the expense of rotating the names. Each rotation required a different printing plate which is costly. I-5. Finance Director No report. I-6. Public Works Director No report. I-7. Airport Manager No report ITEM J: DISCUSSION J-1. citizens a. Katie Peters - Old Town. Peters explained she has been volunteering at the Kenai Visitors Center for the summer. While there, she had been asked numerous times for directions to the Mt. Redoubt lookout as it is advertised in the Milepost magazine for whale watching. She was instructed to tell visitors to use Spruce Street to the beach to watch for whales. Peters added, it KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 34 is hard to observe the whales at eye level. Peters suggested that if the city wants to develop a tourist destination, a place is needed to watch the whales. Peters stated she thought Mission Avenue should be saved in order that the tourists will have a better whale -watching observation point. Peters asked when and what will be done to help stop the bluff erosion on Mission Avenue. Councilwoman Monfor answered the city is working to find a solution. Councilman Smalley explained the matter is under advisement. Monfor added, nobody really knows. Different ideas have been investigated. The Harbor Commission is working toward a solution. Bookey stated he thought a plan would be recommended by the Harbor Commission in the next 60 days. b. Emily DeForest - Librarian DeForest announced the Library has a display about electronic mineral management for the public's review. DeForest added it was very interesting. C. Local Author/Reynolds - DeForest reported local author Steven Reynolds would be visiting the library on September 8 for a book signing. His book is entitled, "Beyond the Killing Tree." d. Library Commission/Student Representative - DeForest reauested a letter of thanks he sent to Katherina Kornelis who was a very active student representative to the Library Commission. Councilman Smalley was requested to find another student for that position as Kornelis had graduated from high school. Clerk Freas reported she received a letter from a senior at KCHS who has stated her interest in being the student representative to the Parks & Recreation Commission. Her letter will be included in the next council packet. J-2. Council Bookey - a. Asked what was being done to the road at the corner of Willow and Fidalgo. Kornelis explained there was a dip in the pavement. When working on that, they found it was a large bury hole and a broken sewer line causing the problem. It is now being repaired. b. Bookey reported he would be traveling to Barrow on August 24 and 25 to attend an AML Board of Directors meeting. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 35 Bookey requested council forward any suggestons to himthey may have in regard to the AML Policy Statement. C. Bookey also reported there was a new staging area behind the congregate housing facility to where Miss Peters could direct visitors to go to watch the whales. The parking lot there is an excellent viewing spot. City Manager Manninen added he informed and suggested to the Visitors Center that area was available for whale watching and they chose not to use it. d. Bookey also thanked Miss Peters for attending the meeting and participating with her comments and suggestions. Swarner - Thanked the Parks & Recreation crews for their efforts during the summer beautification program. Monfor - Thanked Miss Peters for her participation and comments. Monfor added she was impressed that Mr. Peters also continues to attend council meetings and participate. Measles - No comments. Bannock - No comments. Smalley - a. Smalley referred back to the discussion in regard to the proposed library addition. He remembered the building was to have been designed to support a second story. Smalley requested Kornelis to investigate the matter to see if that was what was requested, if that was what was paid for and if it is what was requested, etc. why wasn't it built that way. Councilwoman Swarner stated she was on the Library Commission when the library was built. It was not designed to support a second story. The addition was designed for a second story, but the council did not appropriate enough money to build a second story. Kornelis added he believed that decision had something to do with the grant. Kornelis stated he did not think he had the information any longer. Measles suggested there may be some information on the RFP's or minutes. Measles added he remembered there was a lot of discussion about designing for a second floor on the addition to the original building. b. Smalley thanked Miss Peters for attending and participating in the meeting. KENAI CITY COUNCIL MEETING MINUTES AUGUST 16, 1995 PAGE 36 C. Smalley reported the fourth Habitat for Humanity home is being built on the Peninsula in Soldotna. The Mayor and a councilmember from the city of Kenai were on the wall -raising project. There was no one there representing the city of Soldotna. Williams - a. Referred to Information No. 2, STIP list of projects. Williams stated he believed the list submitted was pretty much what council had in mind. If they had comments, please inform Kornelis. b. Williams also thanked Miss Peters for attending and participating in the meeting. Williams also wished her happy birthday. ITEM K• The meeting adjourned at approximately 10:55 p.m. Minutes transcribed and submitted by: I Carol L. Freas, City Clerk '.q,' P'0VE By COUNCIL DATE 'LERV