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HomeMy WebLinkAbout1995-09-20 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 20, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER 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. Bob Brock, USDI, Minerals Management Service - Outer Continental Shelf Lease Sale 149 (Cook Inlet). C. PUBLIC HEARINGS 1. Ordinance No. 1662-95 - Increasing Estimated Revenues and Appropriations by $50,000 in a New Capital Project Fund for Phase I and II Environmental Assessments of the Airport Jet Fuel Facility. 2. Ordinance No. 1663-95 - Increasing Estimated Revenues and Appropriations by $13,890 in the General Fund as a Result of Receiving Two Library Grants. 3. Ordinance No. 1664-95 - Increasing Estimated Revenues and Appropriations by $3,990 in the General Fund for An Instructor -Trainer to Provide Exercise Classes at the Recreation Center. 4. Resolution No. 95-55 - Certifying that the Municipality Did Suffer Significant Effects During the Program Base Year From Fisheries Business Activities That Occurred Within the Cook Inlet Fisheries Management Area. 5. Resolution No. 95-56 - Requesting Municipal Assistance Funding From the State of Alaska. -1- 6. Resolution No. 95-57 - Declaring the Following Equipment, Supplies, and Materials Surplus or Obsolete. 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 September 6, 1995. F. CORRESPONDENCE 1. *9/14/95 Ron Rainey, President, Kenai Visitors and Convention Bureau memorandum regarding Kenai Visitor & Convention bureau Memberships. G. OLD BUSINESS 1. Reconsiderations Alaska's Fun in the Midnight Sun Reservation Central - Special Use Permit/Airport Terminal Counterspace Rental. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1666-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 4. Approval - Special Use Permit and Video/Salmon Producers Alliance. 5. Approval - Assignment of Shore Fishery Lease/Tract 7, Shore Fishery Plat #71. -2- 6. Approval/Ratification - Goals & Objectives/Amended at 9/6/95 Council Meeting. EXECUTIVE SESSION 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 -3- KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 20, 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 7:00 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: Bannock, Smalley, Williams, Bookey, Swarner, Monfor and Measles. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: H-7, Discussion - Capital Project Matching Grant Program FY97. ADD TO: I-1, Mayor's Report 1. Off -Road Vehicles and ATV's 2. City Curfew 3. Leif Hansen Memorial Park MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. CONSENT AGENDA Mayor Williams reported he had no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Bob Brock, USDI, Minerals Management Service - Outer Continental Shelf Lease Sale 149 (Cook Inlet). KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 2 Brock defined the Minerals Management Service as the agency which administers the offshore mineral management program. Brock reported the public hearings had been held in regard to proposed Outer Continental Shelf Lease Sale 149 (Cook Inlet). A draft environmental impact statement was published. A final impact statement will be issued if it is decided to proceed with the sale. Brock reported the major concerns found as a result of the hearings were in regard to the commercial fishing conflict, fear of oil spills and whether or not there was adequate information to proceed with the sale. From those comments, the final impact statement was changed to require the oil companies to work with the fishing industry; to establish maximum density of oil rigs; no service entry (requiring angle drilling); and seasonal oil drilling restrictions (no drilling between June 15 and August 15) . There were also deferral possibilities suggested which would delete all the blocks north of Anchor Point due to the major conflict with the drift fishing fleet. The LIS will be out in January, 1996. Before then, they will be meeting with the drift fishermen to hear concerns of theirs and others. Brock also explained his department does not work hand -in -hand with the state, but do keep in contact with and work with them so there are no conflicts between the two entities. Brock encouraged persons to contact him if they have questions or concerns. Williams stated the city has been working with the Kenai Peninsula Borough Mayor and Kodiak Mayor as to who will speak to proposed sales in the Shelikof Straits and the Cook Inlet. Williams asked how it was decided the federal government would control some of the sales within the inland waters normally controlled by the state. Brock explained the Submerged Lands Act makes that determination and briefly discussed how the lines are measured. Brock also distributed maps showing the northern deferrals and Kennedy Entrance deferral. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 3 ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1662-95 - Increasing Estimated Revenues and Appropriations by $50,000 in a New Capital Project Fund for Phase I and II Environmental Assessments of the Airport Jet Fuel Facility. Councilman Measles MOVED for adoption of Ordinance No. 1662-95 and Councilwoman Monfor SECONDED the motion. There were no public comments. Williams asked Public Works Director Kornelis when it was determined the city needed to proceed with an environmental assessment of the jet fuel facility. Kornelis answered, a letter was received from DEC indicating perceived problems in regard to the removal of the tank approximately two years ago. Acting Airport Manager Holland added, at that time there was some oil sheen on the water of the two monitoring wells. Bookey asked if the city has done other remedial work on the site and Kornelis answered, other than removing the tank, no. Bookey also asked if the site assessment was done by an engineer. Kornelis answered, it was done by Northern Test Labs. Holland added, from their tests, they found there was contamination upstream from the monitoring wells. Bookey noted that if the contamination came from upstream of the city's tank, it wouldn't be the city's problem. Kornelis explained, it was leased property which has been leased to various entities throughout the years. Williams asked if DEC directed the city to begin the assessment. Kornelis stated he did not remember and Attorney Graves stated he did not know. Williams stated he was hesitant to start the assessment without a formal directive from DEC. MOTION TO TABLE: Councilman Measles MOVED to table action on the ordinance until the second meeting of October. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 4 C-2. Ordinance No. 1663-95 - Increasing Estimated Revenues and Appropriations by $13,890 in the General Fund as a Result of Receiving Two Library Grants. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1663-95 and Councilwoman Swarner SECONDED the motion. There were public or council comments. VOTE: Bannock: Yes Bookey: Yes Measles: Yes Smalley: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. Williams: Yes Monfor: Yes C-3. Ordinance No. 1664-95 - Increasing Estimated Revenues and Appropriations by $3,990 in the General Fund for An Instructor -Trainer to Provide Exercise Classes at the Recreation Center. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1664-95 and Councilwoman Monfor SECONDED the motion. There were no public comments. Councilwoman Monfor requested that if the ordinance passed, the Parks & Recreation Department advertise the winter hours and what programs are being offered at the Rec Center in the Peninsula Clarion and The Dispatch. VOTE: Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 95-55 - Certifying that the Municipality Did Suffer Significant Effects During the Program Base Year From Fisheries Business Activities That Occurred Within the Cook Inlet Fisheries Management Area. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 5 fz (*I lb to) z E3 Councilwoman Monfor MOVED for approval of Resolution No. 95-55 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. C-5. Resolution No. 95-56 - Requesting Municipal Assistance Funding From the State of Alaska. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-56 and Councilman Bookey SECONDED the motion. Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6. Resolution No. 95-57 - Declaring the Following Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 95-57 and Councilman Smalley SECONDED the motion. Public Testimony: Gus Rodes - 207 Birch Street, Kenai. Rodes referred to council's past discussions in regard to the safety of the old Fire Department tanker truck. Rodes asked what the liability would to the city if the truck is not safe and not made safe before selling it. Kornelis explained the truck listed as a 1968 Kenworth tanker on the auction list was not the old Fire Department tanker. It is the tanker which had been used by the Sewer Treatment Plant for carrying sludge. Kornelis requested to add to the auction list the following items: Senior Center - 1984 four -door Escort station wagon 1981 3/4 ton van KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 6 Parks & Recreation - Satoh Tractor 1981 Ford station wagon Williams referred to Information Item No. 6 which was background information in regard to the old Fire Department tanker truck. The information included past council meeting minutes wherein the use of the truck was discussed, as well as materials compiled by the Fire Department for budget discussions when they requested funding to replace the truck. Williams suggested council determine whether to keep the truck and allow it to be used by the city or put it up for auction. The truck had been used when the city purchased it and the city has used it for approximately 15 years. Smalley stated he liked option A, suggested by Kornelis in his 9/7/95 memorandum (included with Information Item No. 6). Option A included removing the tank from the truck and placing an oil distributor system on the truck. The truck and oil distributor system could be used for dust control work. Smalley added, conversion of the truck may be something the city would want to try before selling the truck. That is, if the employees feel comfortable driving the truck with the type of transmission in the truck. Other than the placement of the tank, the truck seems to be in good shape. Smalley explained his remarks during the last meeting were made because it had been represented to council that the truck was unsafe but had been used in the same manner as it had been by the Fire Department when they had said the truck was unsafe. Bookey asked how much it would cost to convert the truck for dust control use. Kornelis estimated $40,000-50,000 to purchase the oil distribution system. Kornelis added, it costs the city approximately $25,000 a year to contract out the oiling. MOTION: Councilwoman Monfor MOVED to put the truck on the auction block and sell it. Councilman Bannock SECONDED the motion. Bannock stated he would prefer the truck be sold as it would not be cost efficient to convert the truck for dust control use. Bannock added, he would like to have the tank removed from the truck prior to sale to ensure the city could not be held liable for any problems if the truck were used as a tanker. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 7 Williams asked Bookey how much he would estimate it would cost to replace the transmission on the truck. Bookey suggested $20,000. Bookey added, he thought the sale of the truck could bring $10,000. Williams stated he did not think it would be necessary to remove the tank from the truck. Attorney Graves explained, if the truck were marked "as is" with no warranties, there should not be a lot of liability to the city. However, if there was an accident, the city could still be sued. Even then, if the city would win, it could still cost the city a lot of money. Graves agreed with Bannock that if the tank were removed, the city would avoid the cost of defense. Kornelis suggested it would take approximately one day to remove the tank from the truck. Councilwoman Monfor stated she wanted to amend her motion to have the tank removed from the truck and both be sold separately. VOTE ON THE AMENDED MOTION: Mayor Williams asked if there were any objections to the motion to sell the truck and tank separately (Monfor's request included). There were no objections. SO ORDERED. Kornelis explained no date had been set for the auction. The auctioneer is trying to coordinate the city's auction with HEA. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported the Council on Aging met on September 19. The Senior Center will be hosting a group of seniors from the Older Alaskans Commission on October 18. Also the Center is preparing for its 25th anniversary. Swarner added, a new volunteer coordinator had been hired. D-2. Airport Commission Councilman Measles reported the Commission met on September 14. At that meeting they discussed a lease rate for the Fun in the Midnight Sun reservation business and viewed a video which had been proposed to be placed in the airport by the Salmon Producers Alliance. The minutes of the Commission's last meeting were KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 8 included in the packet. Both the Fun in the Midnight Sun and Salmon Alliance matters would be discussed by council later in this meeting. D-3. Harbor Commission Councilman Bookey reported the Harbor Commission met on September 11. At that meeting they mainly discussed the possible contracting for an engineering study and request for proposals in regard to bluff erosion and sand dune stabilization. It was reported to them that Bill Nelson had some ideas he would like to discuss with the Commission in regard to bluff erosion and sand dune stabilization. The Commission would like to agree on a general idea with Nelson and bring that information forward to council for their consideration. Bookey added, the Commission also discussed the information disseminated by Alaska Fish & Game in regard to the water life found in the first four feet of the Kenai River. D-4. Library Commission Councilwoman Monfor reported the minutes of the Commission's last meeting were included in the packet. Monfor referred to the application of Kevin Benson to be appointed as the Commission's student representative. The Commission recommended approval of this appointment. Williams noted there were no objections from the councilmembers and Benson was appointed. D-5. Parks & Recreation Commission Councilman Bannock reported the minutes of the Commission's last meeting were included in the packet. The Commission discussed the beach restrooms and their concern that they may be vandalized over the winter. Bannock reported it was the Commission's strongest recommendation that steps be taken to protect them during the winter (boarding them up, etc.). Bannock also reported Joe Donahue talked with the Commission in regard to the Lions Club's desire to build a trail and picnic area behind the Oilers Park. Williams reported Bill Kluge, representing the Rotary Club will be talking with the Commission in regard to their desire to upgrade the children's park in Old Town. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 9 In response to the concerns about the beach restrooms, Kornelis stated he understood from the discussion at the last council meeting, that because people walk the beach in the winter, council decided the restrooms should be kept open. Williams added, the restrooms were built with public funds. Monfor stated she believed council was acting reactively instead of in a proactive manner. The restrooms were built because there was a need. Public funding was used. There would have to be some faith that the facilities won't be destroyed. If they are, council shouldn't replace them. Monfor recommended the facilities be left open for use during the winter. Measles stated he agreed. Direction to administration was to leave the restrooms open and available for use during the winter. Williams suggested the public be made aware of the council's decision. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of the last Commission meeting were included in the packet. The resubdivision of Tract A in the Inlet View Subdivision was approved, as well as a conditional use permit for a day care center. The Commission also discussed the rescheduling of their November 22 meeting to November 21. The request was made due to council's rescheduling their November 15 meeting to November 22. There were no objections from council. D-7. Miscellaneous Commissions and Committees Beautification - Swarner reported the Committee met on September 12 and the minutes of that meeting were included in the packet. The Committee will be planting flower bulbs in the flower beds this fall if the weather allows. Also, Swarner reported approximately 228 volunteer hours were logged in regard to weeding, planting, etc. in the various flower beds throughout the city. Swarner referred to the information included in the packet wherein it stated the Committee requested the cancellation of their November and December meetings. Council had no objections. Historic District Board - Williams referred to the memorandum included in the packet which outlined more specifically the intentions of the Board in regard to signage KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 10 throughout the city. (The information was requested by council at their last council meeting as they felt they did not have the necessary information to determine whether the Board should apply for a CLG grant or not.) Councilman Bannock noted that the Rotary Club has a similar ongoing project and there was some concern that both groups may be doing the same thing. Bannock was requested to discuss the Rotary project with the Historic District Board and determine whether they could work in conjunction with each other. Smalley asked if council needed to give direction to allow the Board to apply for the grant. Kornelis and Clerk Freas stated a letter of intent had been sent prior to this council meeting as the deadline was prior to the meeting. Council concurred that the grant should be applied for and that the Board and the Rotary Club work together on the project. BREAK TAKEN: 8:02 P.M. BACK TO ORDER: 8:20 P.M. ITEM E• MINUTES E-1. Regular Meeting of September 6, 1995. Approved by consent agenda. ITEM F• F-1. 9/14/95 Ron Rainey, President, Kenai Visitors and Convention Bureau memorandum regarding Kenai Visitor & Convention bureau Memberships. No discussion. Approved by consent agenda. ITEM G: OLD BUSINESS G-1. Reconsideration: Alaska's Fun in the Midnight Sun Reservation Central - Special Use Permit/Airport Terminal Counterspace Rental. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 11 MOTION: Councilman Bannock MOVED to approve the special use permit for the Fun in the Midnight Sun Reservation Central to Barbara Kangas. Councilwoman Monfor SECONDED the motion. Swarner asked why the lease began in January instead of September. Acting Airport Manager Holland replied that was the information he had from Airport Manager Ernst. Smalley added, because council requested she lease the space for a one-year period. Barbara Kangas - P.O. Box 7645, Nikiski. Kangas explained she originally had requested to rent the space for a three-month period, next June, July and August. Because of council's request that the space be rented for a year and in order for her to have the business organized, she requested the lease run from January to December. Kangas added, since she would be renting the space for a longer period of time, she would be working with Hawaiian tours to bring visitors from there to Alaska. She will be distributing brochures to her different contacts in October. Bookey asked if the special use permit would give Kangas an exclusive right for this type of business. Answer was no. Bookey asked if the lease rate would be $50.00 a month or $1.65/sf. Smalley answered it would be $1.65/sf plus a percentage, like the car rental agencies. Bookey stated he would still vote no on the matter. Williams stated he also was still against the concept and, he added, after he spoke with constituents, he felt stronger than he had at the last meeting. Williams suggested council delay their decision on the matter and hold a work session first and discuss this as well as the bed tax issue. Councilman Measles stated he wouldn't be in favor of delaying action on the matter. Measles added, Kangas would need time to get her business in order and on line by January. Her application was legitimate and he saw no reason to not allow the rental of the space. Measles also stated, Kangas had advertisement time constraints as well. Holland added, the car rental leases offer the basic right to do the same thing as Kangas is asking to do. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 12 Kangas requested the "purpose" of the lease be amended since she would be making arrangements for travellers from Hawaii to Kenai and Kenai to other areas. Kangas added, she would not be arranging flight reservations or auto rentals. She has discussed making reservation arrangements with Hawaiian Vacations in regard to visitors to the Kenai Peninsula and visa versa. MOTION: Councilman Smalley MOVED to amend the special use permit at Item 1, Purpose to place a period after accommodations and delete "on the Kenai Peninsula, i.e. local fishing, air, hunting and tour guides, B&B's, hotels, motor home rentals, RV parks, etc." A short discussion followed in regard to the definition of "accommodations." Councilman Measles suggested to amend the "Purpose" as follows: 1. Purpose: The purpose for which the Permit is issued is for making reservations for tourist accommodations (ON THE KENAI PENINSULA], i.e. local fishing, air, hunting and tour guides, B&B's, hotels, motor home rentals, RV parks, etc." Councilman Smalley aa_reed and Councilwoman Swarner SECONDED the motion. Clerk Freas read back Measles' suggested amendment of the "purpose." There were no changes. Holland referred to Kangas' statement that she would not be making arrangements for car rentals. Holland asked if council wanted that specification in the permit. Williams answered no. Williams stated he believed there were several issues in the matter and would vote against the issue. Williams added, he would like to hold a work session later in the year to discuss bed tax and the influence it has on the local hotels in the city. Williams added, the hotel owners feel they are being mistreated because they are the only industry in the tourism industry which pay a special tax to support the Visitors Center. Williams added, there are also bed and breakfasts in the area who are not paying their share (businesses of which the city has been unaware). Swarner stated her concern that the EDD may not be doing their share in promoting tourism on the Peninsula. Williams explained KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 13 EDD no longer is involved in the promotion of tourism as that was turned over to the Tourism Marketing Council. VOTE ON THE Councilwoman Monfor called for the question. There were no objections. SO ORDERED. VOTE ON THE AMENDED MOTION: Bannock: Yes Smalley: Yes Williams: No Bookey: No Swarner: Yes Monfor: Yes Measles: Yes MOTION PASSED. Monfor stated her concern that a local hotel owner intended to place an advertisement in the paper repeating what a disgruntled traveler called the area ("a small jerk water town"). Monfor asked what that would say about the hotel owner. Monfor added, if the hotel owners continually complain about bed tax but don't come before council to discuss it, she had no sympathy for them. Monfor noted bed tax, throughout the country, could be 5, 17 or 24%. In response to comments made by Williams earlier in the discussion about the low amount of hotel rentals this tourism season, Monfor stated it was not the council's fault the reservations were not there. She added, she could not believe that 97% of the people staying in the city did not want to pay bed tax. Monfor added, the hotel/motel and B&B owners were given 18 months to come to council with another plan before the tax took effect. She believes the Visitors Center and tourism industry should be supported without the people living in the city having to pay for it. She added, she was very offended by the remarks made by the hotel owner and would be more offended if the newspaper printed the ad. Councilman Smalley stated he agreed with Monfor. This was an obligation the council took when it discussed the bed tax issue. At that time, council stated they would be investigating other areas of the tourism industry, other than just the hotels, etc. that could taxed to support the Center. Smalley added, he feels this should still be done and should be discussed during the planned work session. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 14 Williams noted the Peninsula Coalition discussed tourism and bed tax at their last meeting. They are also discussing amending the sales tax ordinances. Williams added, he is concerned there are businesses in the city who are not paying the tax, thereby cheating the city, borough and citizens of the city. Williams requested the Finance Department, at the time of the work session, to find other ways to collect sales tax, perhaps 1/2% for the second and third quarters of the year, to better spread the tourism idea across the counter. Monfor stated she was proud of the council stepping up and initiating a bed tax. The Borough Assembly couldn't do it. The city is leading by example. The bed tax does not hurt the local people. Bannock stated from the complaints and comments he has heard, the complaints are because there is such a small group being taxed. Bannock suggested there may be some way to include other businesses who profit from the tourists, i.e. grocery stores, car repairs, gas stations, etc. Monfor agreed. Bannock added, he would like more discussion, more equity and perhaps the name of the tax could be changed. Williams stated he believed the handling of the tourism industry in the city should be reviewed in general. Also reviewed should be whether the city expects more from the Visitors Center or that they be totally city supported. Measles stated the issue about the Visitors Center was settled when the building was built. They can do more than what the city can because of their being a non-profit organization. Measles added, he wouldn't have a problem in discussing how to get revenue from other sources. He does have a problem in bringing back and only discussing the bed tax. No one complains about paying a bed tax anywhere else. Measles added, it is not the hotel owners who pay the bed tax, it is the people renting the hotel rooms. Monfor reported she would be giving a report of the Visitors Center activities during the next council meeting. Monfor added, the Center is no longer a building waiting for people to come to it. The Center's board and employees are actively seeking conventions, meetings, etc. to use the building. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 15 ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills. Councilwoman Monfor 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 exceeding $2,500 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Bannock asked why the cost of the Old Town storm drain was so much more. Kornelis explained the pipe was ordered before the large amount of bluff sloughed off this spring. They had to order more pipe. H-3. Ordinance No. 1666-95 - Increasing Estimated Revenues and Appropriations by $60,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. Introduced by consent agenda. H-4. Approval - Special Use Permit and Video/Salmon Producers Alliance. MOTION: Councilman Measles MOVED for approval of the special use permit and video to the Alaska Salmon Producers Alliance, adding he was referring to the draft permit included in the packet. Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. H-5. Approval - Assignment of Shore Fishery Lease/Tract 7, Shore Fishery Plat #71. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 16 MOTION: Councilwoman Monfor MOVED for approval of the assignment of shore fishery lease, Tract 7, Shore Fishery Plat #71. Councilman Smalley SECONDED the motion. Williams asked if administration had any objections to the lease. Graves stated no. There was no further discussion. lbYo-IF There were no objections to the motion of approval. SO ORDERED. H-6. Approval/Ratification - Goals & Objectives/Amended at 9/6/95 Council Meeting. MOTION: Councilwoman Swarner MOVED for approval of the goals and objectives update and Councilwoman Monfor SECONDED the motion. Swarner reported that during a walk on the beach she noticed the bluff erosion problem along Section 36 and Toyon Way. She requested a short-term goal be added to have steps built on the end of Forest Drive to the beach. This may help slow the erosion problem. Williams noted the Governor has asked for funding to be used as grants for trails, etc. Swarner stated she had no problem with applying for grants to do the work, but felt it important that steps be placed. Smalley suggested the motion be amended to have steps built, but state no location. Swarner agreed. Williams suggested the amendment include building steps and improving the trail system. V. •• S NZ*J i 4 4 D Councilwoman Swarner MOVED objections by adding as a trails and improvements. to amend the list of goals and short-term goal, recreational access Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 17 MOTION TO AMEND: Councilwoman Monfor MOVED to amend the list of goals and objectives to add as an on -going goal, monitoring of spruce beetle killed trees. Councilman Bannock SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. MOTION TO AMEND: Councilman Smalley MOVED to amend the list of goals and objectives to add as a 1995 project, review of the tourism industry. Councilwoman Swarner SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON AMENDED MOTION: There were no objections. SO ORDERED. H-7. Discussion - Capital Project Matching Grant Program FY97. Council reviewed the information added to the agenda by Public Works Director Kornelis. Kornelis explained a resolution is needed to include with the application. However, he telephoned the State OMB office and informed them that due to their short amount of time from distributing the application packet and the due date for it and because the packet was received after the agenda was set, a city resolution would not be included with the application, but would be included with a revised application after the October 4, 1995 council meeting. Kornelis added, the revised application is not due until November 2. The application requests $211,665 for the city's water quality and quantity/development program. There were no objections from council. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE IS EXECUTIVE SESSION None. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Off -Road Vehicles - Williams reported he discussed the use of off -road vehicles with some Kenai young people. He told them of council's concerns of the damage to the rights -of -way along the highway and city streets. When asked how they thought the situation could be handled, the young people suggested a citation should be given and the vehicle taken away for six months the first time an off -road vehicle user is stopped for use of the vehicle in an unauthorized area. The second time, impound the vehicle permanently. A short discussion followed in regard to problems that occur with impounding property. Attorney Graves stated problems arise with seizing property from a driver who may not be the owner of the property, i.e. the person could be borrowing the property, etc. Smalley suggested Williams encourage those young people to come before council and discuss the matter as it could have a very positive affect on the matter. b. Curfew - Williams referred to the ordinance in regard to curfews. Williams added, he also discussed the city's curfew with the young people and gave them copies of the ordinance. Williams stated his concern that there seems to be more and more young people getting in trouble in the late hours of the night and early morning hours. Smalley added, the Kenai and neighboring communities are changing. The areas are beginning to inherit problems from larger areas such as gangs. The curfew may be one resolution to the problem. Chief of Police Morris stated the ordinance speaks to a curfew for children of ages 16 and under. Those getting in trouble are more in the age of 16-19 for which the curfew does not apply. C. Leif Hansen Memorial Park - Williams referred to a letter (added to the agenda at the beginning of the meeting) from Dennis and Susan Townsend. The Townsends wrote and stated their concern that the Park was being used inappropriately. Williams KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 19 suggested that the gatherings, such as the Kenai River Festival and the Industry Celebration be held in the picnic area by the ball fields instead. Williams suggested council review the policies and procedures and make some amendments as to the proper use of the park, etc. Monfor stated she had received a copy of the policies and procedures for the park from the Clerk because of some concerns of hers in regard to the dead trees and sidewalks, etc. Monfor suggested the Beautification Committee should have a chance to review the policies and procedures. They should then send their recommendations to the Parks & Recreation Commission and then on to the council for review. Monfor added, the Park is a place to go and reflect. However, a proper use probably includes using the gazebo for weddings. Discussion should also include what the city's responsibility is in caring for the plantings, i.e. wrapping for the winter, staking, etc. Council agreed the policies and procedures of the Park should first be referred to the Beautification Committee. The Committee should make recommendations to the Parks & Recreation Commission and they then should make recommendations to council. Councilwoman Monfor requested a letter be sent to the Townsends in regard to their discussions. I-2. City Manager No report. I-3. Attorney Attorney Graves reported the River Board would meet on Tuesday, September 26. It could be the last meeting as they may reach consensus on a draft ordinance to be presented to the Assembly for consideration. Williams asked if Graves had any recommendations to council in regard to the ordinance. Graves stated it would be a policy decision of the council to decide on the ordinance. Graves added he would wait until the final draft of the ordinance is completed as there have been some suggestions by other members to add into the ordinance which and others do not find acceptable. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 20 1-4. City Clerk Clerk Freas reported absentee balloting was available at city hall and the borough. Freas also requested council to forward their travel plans to her in regard to attending the AML Conference. I-5. Finance Director Acting Finance Director Feltman reported Finance Director Brown was on vacation and would return Monday. Brown's last day is Wednesday, September 27. Applications are being collected at Job Service. I-6. No report. I-7. Public Works Director Airport Manager Acting Airport Manager Holland reported the carpeted like the departure gate. The job a few days. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council arrival gate would be should be complete in Bookey - Requested the state be contacted in regard to the patch in the black top in Leif Hansen Memorial Park (by Dan's TV). It was sidewalk prior to the roadwork and should be kept as concrete. Swarner - In regard to her comments made earlier about the erosion along the Section 36 bluff, she did not intend that it was the city's responsibility to try to correct the problem. Monfor - Requested council give Finance Director Brown a token of remembrance of his years with the city. Monfor suggested a gold pan. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 PAGE 21 Measles - No report. Bannock - No report. Smalley - Agreed with Monfor's request and added he appreciated Brown's hard work and efforts during his years of employment with the city. ITEM K: The meeting adjourned at approximately 9:30 p.m. Minutes transcribed and submitted by: � Carol L. Freas, City Clerk APPRV i DATE