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HomeMy WebLinkAbout1994-12-21 Council MinutesAGENDA KENAI CITY. COUNCIL - REGULAR. X29TZKO De062ber 21, 1994. 7300 B.M. KENAI CITY COUNCIL ERB A. CALL TO -ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (j are cons�ittered._ to be routine and non -controversial by the Coutcil'and will be approved by one motion,.. There will be no separate discussion of these iteme ' unless a co,uncil p 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. SCRIOMMED PUBLIC COS (10 Minutes) C. POB I HEARINGS 1. Resolution No. 94-80 - Awarding a Vontract to Seaki.ns' Peninsula Ford for the Purchase -of One 1995 Police Patrol Car. 2. Resolution No. 94-82 - Transferring $2,000'in the Congregate Housing Enterprise Fund for Additional ., Repair and Maintenance Supplies. 3. Resolution No. 94-02 - Awarding a Contract for' Fuel, Service to Doyle l s Fuel Service, �n�c.. for the. Amount. ,of . . $.770/Gallon for Diesel A, $«740/Gallon for Diesel #2, and $.830/Gallon for Unleaded Gasoline. 4. Resolution No. 9.4-83 - Requesting That Property Within the City of Kenai Not Be Included Within the Kenai River Overlay District, Kenai Peninsula Borough Ordinance 94-52. 5. *1995/96 Liquor License RenewaL A piiaation Kenai Golf Course Cafe - Restaurant/Eating Place. 6. *1995 Games of Chance and Contests of shill . Vomit - Application Application - Kenai Peninsula Fishermen's Association,. _1_ 7. •1995 Ganes of Chance and Contests of skill Posit Application - Alaska/Hawaii Moose Association. S. e1995 awes of Chance and Contests of skill PoMit . Application - Kenai Emblem Club #455. 9. e1995 dimes of Chance and Contests of skill. Permit. . Application - Alaska Wing Civil Air.Patrol, Inc..: 10. e1995 Ganes of Chance and Contests of skill Perm, Application - 40/8 Voiture Locale 1539. 11. *1995 Games of Chance and Contests of skill Poftit Application - Sons of the American Legion Sqd. 024. 12. e1995 Ganes of Chance and Contests of skill POZAlit Application - American Legion, Post 20. 13. *1995 Ganes of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles, Ladies *Auxiliary 3525. 14. e1995 Ganes of Chance and Contests of skill P*Mit Application - Kenai Peninsula Archers. 15. s1995 Ganes of Chance and Contests of skill Pegtit Application - Women's Resource & Crisis Center'. 16. e1995 Ganes Of Chance and Contests of Skill Peznit Application - Kenai Elks Club 02425. 17. a1995 Danes Of Chance and Contests Of skill Posit Application - Alaska Chapter, National Multiple. sclerosis Society. 18. *1995 Ganes of Chance and Contests of skill Permit Application - Peninsula Lodge #1942, Loyal Order:of Moose. D. COMBI88=ONj40MliITTBE RBPORTB 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 -2- • s. 1. *Regular Meeting of December 7, 1994. CORR„EBPONDENCE Q. OLD APAINEBB N. �1�BI SB i. Bills to be Paid, Bills to be Ratified • 2. Purchase Orders Exceeding $1,000 s. 3. *Ordinancea No. i618-94 - Amending KMC 21.10.130(a)(2). to Set Lease Rates of Airport Lands at 6% of the Fair Market Value. 4. *0sdinan00 No. 2619-94 - Increasing Estimated Revenues and Appropriations by $1,986 in the Senior Citizens - Borough Special Revenue Fund. 5. *Ordinances No. 1620-94 - Amending the Kenai Municipal Code to Formalize City Policy Regarding Authority of the Finance Director to Control Disbursements and Expenditures. 6. *Ordinanceo No. 1621-94 - Increasing Estimated Revenues_ and Appropriations by $28,000 in the General Fund for a New Computer for the Finance Department. 7. Discussion - Kenai Senior Center Solarium and Storage Additions. IA-0--co i.._ • .... 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager �aseones=oN 1. Citizens ( f ive minutes) 2. Council • KENAI CITY COUNCIL - REGULAR MEETING December 31, 1994 7:00 B.xo KENAI CITY COUNCIL. OM M ERO MAYOR JOHN J * VIUXAM8 V laxesoxxG CALL O O� Mo.yor Williams called the meeting to order at approximately 7:05 p.m. in.the Council Chambers.in the Kenai City - Hall Building. -*. PLEDGE OF ALLEGIICIt Mayor: Williams led those assembled in the Pledge, of Allegiance. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, BooXey, Swarner, Measles, Bannock, and Smalley. Absent was Monfor. AGENDA APPROV___AL Mayor Williams requested the following changes to the agenda: ADD To$ C-4, Resolution No. 94-43 - Kenai River Property Owners$ Association suggested.changes to KPB. Ordinance No. 94-52, C-4, Resolution No'. 94-63 - 12/21/94.R. Drathman memorandum to Betty Glick regarding City of Kenai Memorandum, by Carol L. Freas, City Clerk, of December 13, 1994. C-4, Resolution No. 94-93 - 12/2/04 Cook Inlet Ro#Lon, Inc. letter to the Kenai -Peninsula Horough_Aesembly..:_ Mayor Williams also noted a copy of the Kenai River Committee .Agenda. for Tuesday, January 3, 1994 at is00.p.m. NOIRION= Councilman Smalley MOVED for approval ofthe amended agenda and requested ONANIMOIIB CONSENT. Councilwoman 3warner ME MY the motion* There were no objections.. so ORDIMM* 11►-1i.. CONSENT A Mayor Williams stated there were no changes to the Consent agenda. 0 KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the Consent Agenda as presented and requested vN=ZKOUS CONSSNT. There were no objections. 8o ORDERED. None. ° ITaJ[ C s PUBLIC BEBRINGS Rosolution No. 94-80 - Awarding a Contract to Seekins Peninsula Ford for the Purchase of One 1995 Police Patrol Car. IgOTtON t Councilman Bookey MOVED for approval of Resolution No. 94-80 and Councilman Smalley BECONDND the motion. There were no public comments. Councilman Smalley questioned the second "whereas" of the resolution wherein it stated, WHEREAS, the bid from Seekins Peninsula Ford is the lowest responsible bid and substantially conforms to the bid specifications; and... Smalley explained he had a telephone call from a constituent and asked the following questions for that constituent in regard to the ash tray. 1. Would there be an extra cost to relocate the ashtray? 2. Is a police car an extension of a public facility and, because of that, should smoking be allowed in the vehicle? Attorney Graves stated the law provides for smoking/non-smoking in taxicabs, buses, etc. It does not prohibit smoking in police. cars. Police Chief Morris stated the smoking policy for the . Police Department allows smoking in the building and in police .cars, by the police officers. As to extra cost for moving the ash tray, Morris stated last year was the first time they had .to relocate the ashtray because of other equipment needed to be 0 KENAI CITY COUNCIL MEETING MINUTES. DECEMSER 21,.1994 PAGE 3 placed in the car. They decided not to move the ashtray this year. The car will . be, assigned'' to. a non -smoking , off icer. Bannock stated he spoke.with Morris about relocation of the ashtray last.year. Bannock added he did not think it appropriate for officers to be smoking in the police cars. Bannock also stated he was happy to seethe bid award go to.a local: business. Bannock also noted the..police_car, purchased lodally, cost less than the Fire Chief Is new vehicle, which was purchased out of the area. Bannock again stated his dislike of smoking in public vehicles. Measles objected to the comments and added they had nothing to do with the award of the bid or the cost of the vehicle. VOTE: Williams: Yes Bookey: Yes Swarner: Yes .s`. Monfort Absent Measles: Yes Bannock: Yes 40 . Smalley", Yes I[bTIO�i Bi1,8S� tT�iiil�il�[Qt18LY. . Rosolution Xo..94-81 -'transferring $11000 in the Congregate Housing Enterprise Fund for Additional Repair and Maintenance Supplies. NOTIONS Councilwoman Swarner MOVED for adoption of Resolution No...94-81 and requested VM CONBUTe Councilman Smalley SECONDED the motion. There were no public or council comments. VOTES There were no.obJections to the motion. 00 ORDERED. C-3. Resolution lio. 94-8Z - Awarding a Contract for Fuel Service to Doyle's Fuel. Service, Inc. 1the Amount of $ *. 770/Gallon for . Diesel .11, $.740/Gallon for Diesel 02, and $.830/Gallon for Unleaded Gasoline,. �J KENAI CITY COUNCIL MEETING MINUTES DECEMBER 211 1994 PAGE 4 RATION$ Councilman Bookey KOVXD for approval of Resolution No.. 94-82'and Councilwoman Swarner 8XCONDND the motion. Councilman Bookey requested =M008 CONOWT O Where were no public or council comments. VOTE: There were no objections to the motion. 80 ORDERED, Resolution No. 94-83 - Requesting That Property Within the City of Kenai Not Be Included Within the Kenai River overlay District, Kenai Peninsula Borough Ordinance No. 94-52. XOTION= Councilman Measles moviD for adoption of Resolution No . 94-83 and . Councilman Smalley 83CONDND the motion. pUlglig, Comments Jiff Jefferson - Introduced himself as a businessman from Kenai. Jefferson spoke in opposition to the resolution. Jefferson -,.stated he thought the City of Kenai has characterized the...issue ns one threatening and usurping the power of the City of Kenai. Jefferson believes this is not true. Jefferson added the Kenai River has been studied more.than any ..-other river in Alaska. There can be no solution achieved if any part of the River is not included in the master plan for the River. There is no group standing to lose more than the City of Kenai if it is not included in the ordinance, i.e. the fish Plants could not run without fish from this.area, etc.. The borough ordinance is a draft ordinance. No one believes.the ordinance, as it exists presently, will be the final ordinance, The River needs minimum protection. Jefferson added he believed the ordinance as it is now is subject to misinterpretation.. it". .looks like Kenai will not take part in the planning for:the Rifler. The land owners to whom he has spoken think the ordinance: is needed. • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 5 • There will be habitat loss; the fishery will be compromised. The Board of Fisheries rejected a proposed plan for the Kenai River. because they did not think the local government was doing enough to protect the Kenai River. They could close the fishery, which would be severe to the fishermen. With the present ordinance, after a project is identified, the City of Kenai Planning & Zoning Commission and the KPB Planning.& Zoning Commission will make a finding that the project will not have significant effect on the wildlife habitat. There can be nothing done with the ordinance that will adversely affect the City. Jefferson added the City of Soldotna has the same ordinance in place at this time. They have found it easy to administer and it doesn't create an overwhelming restriction for development. Jefferson referred to the City's history in regard to the River and stated his concern that the City would lose much of what is included in its history. The City's resolution places the City. as the "odd man out." Jefferson requested the Council reconsider their resolution and. become active in the process. No one wants bad regulations, but something needs to be done to help the River. People in Public Works and Council are critical players to the plan of what happens in the lower five miles of the River. Betty Glick - Glick introduced herself as representing the Kenai -- Peninsula Borough Assembly. Glick stated she would make comments that reflect those of Assemblymembers Drathman and Scalzi. Glick stated she understood from the Council's last work session, where their resolution was coming from. Glick stated she echoed Jefferson's comments in that she hoped the Council had not acted too hastily. Glick added she was aware that several of the councilmembers have. attended work sessions in regard to the proposed Borough ordinance. Several on the Assembly thought it was time the Assembly tried to look at the issue and get dialogue going. They have been working with state and federal agencies but have not received much indication they want to cooperate. The ordinance was introduced to get something started. A comment was made at the City's work session that the Borough had • KENAI CITY COUNCIL MEETING MINUTES DECEMBERR 21, 1994 PAGE 6 delegated the planning and zoning powers to the City and now it appeared they were trying to take them back. Glick reiterated - her comment from the work session that if the Borough was trying to remove the zoning powers from the City she would fight against that happening. Glick reported that after the City's work session, she spoke with, Scalzi and Drathman. They stated to her it was never their intention to take back the zoning authority from the City. Glick referred to a portion of the proposed ordinance where it stator that. Glick added the City of Kenai is.not alone in their concerns of what the impacts to the River will be. Cooper Landing has stated their concerns and have talked with DCRA and the boundary committee in regard to becoming a second class city in order to have more say in the decisions made in regard to the River. Sterling asked to have an advisory planning and zoning Committee. The request was defeated. However, they are continuing to follow the development of the ordinance. Glick requested the City Council's cooperation and input in regard to the proposed ordinance and added the City is a major player in regard to the River. Glick referred to the "Special Committee" discussed in the ordinance. As envisioned, the Committee would include - representatives from state agencies, planning commissions and the cities. The City of Kenai has its KPB Planning & Zoning representative who would be included on the Special Committee. However, they want an elected official included as well when the rules and regulations of the ordinance are written. Glick referred to the suggested changes to the ordinance. distributed at the beginning of the meeting from the Kenai River Property Owners' Association. They have addressed the 600, setback. This setback has been a controversial issue. The Borough's Planning & Zoning Department is generating charts:to' show the impact of a 600' setback. Glick stated she did not like the proposed setback, but the ordinance was not cast in concrete when it was first written. It was a place to start discussions.. Glick stated there have been some misunderstandings, but she hoped the City of Kenai would participate in the development of the ordinance and amendments to be made to the ordinance. Glick added the rules and regulations would be written by the KPB KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 7 Planning Commission and others on the Special Committee. Not all the rules and regulations will be applicable to all areas along the River. Glick reported she asked Scalzi if the City of Kenai's regulations for development along the river were more restrictive, would the City's regulations govern. Scalzi answered yes. Glick stated the majority of the Assembly with whom she had talked with is very sensitive to the City of Kenai, Cooper Landing and Sterling's concerns. They understand where the resolution is coming from and understand the City's concerns. They are not discounting the City's concerns, but would like the City to reconsider their actions. Glick invited the Council to attend the January 3, 1995 meeting and see what kind of ordinance may be put together. Glick stated she liked the Property Owners' amendments to the ordinance because they address the 600' setback and clearly defines the removal of vegetation. There are other proposals on the table and most of the Assembly members have read through the studies. Glick added it was an oversight in the definition of the "Special Committee" to not include the cities. If the cities are included, it will bring about a better plan. Glick again requested the Council's reconsideration of their resolution at least for this time in order to participate in the meetings and give input where improvements could be made. Tim Navarra - Introduced himself as a Borough Assemblymember.- Navarre requested Council to vote the resolution down and see what comes with the discussions after the January 3, 1995 Assembly meeting. Navarre stated he has had discussions with Councilmen Smalley and Measles and Assemblymember Drathman in regard to the ordinance. Drathman has stated to him he would be willing to meet with the Council in regard to the ordinance. The ordinance will probably come up for vote in early March; however, it may be postponed. Navarre added he would like to set up a meeting between the City of Kenai and the City of Soldotna to outline problems and concerns after the ordinance is completed. The cities could then support or request to be excluded from the ordinance. • Navarre stated the City of Kenai has done a good job in regulating the development along the river. Hopefully, the proposed ordinance, when passed, will not be too restrictive. R • 0 • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 8 Navarre stated concerned and their concerns people elected everyone. the property owners along the river are very they have been invited to the table to put some of in the ordinance. Council needs to trust that the to set policy are acting in the best interest of Navarre stated he would listen to their suggestions for amendments to the proposed ordinance and would present them to the Assembly and "go to bat" for the City. Navarre apologized for his temper at the City's work session. Loretta Breeden - 1602 Barabara Drive, Kenai, Alaska. She stated she has been a resident along the river for 35 years. Breeden urged Council to pass Resolution No. 94-83. She said Kenai is a home -rule city and needs to take care of its own destiny. Breeden added if Council thought the Borough or other agencies would be sensitive to their concerns, they were wrong. Breeden discussed past instances where the state and federal agencies did not follow the rules and regulations. Breeden stated the worst degradation of the habitat is in Homer. The ordinance does not include Homer. Breeden also urged the Council to remove itself from the Kenai River Special Management. Area as well. The City of Soldotna is supporting the Borough's ordinance in order to get out of handling their planning and . zoning matters and pass the cost along to the rest of the Borough residents. Breeden stated she believes take away the City's control apply for everyone. Breeden Couaoii Comsat*$ the ordinance is a smoke screen to of the River. The rules will not urged passage of the resolution. Councilman Smalley stated he had received calls from a number.of. constituents and had talked with people out in public in regard to the ordinance. Part of the perception is that with the resolution the City is not concerned about the critical habitat of the River or is not willing to participate in the review of the entire Kenai River and that the City really does not care about the fisheries, etc. Smalley added, this is not true. Smalley referred to the portio regulation will be followed if asked who would be responsible n of the ordinance discussing whose one is more restrictive. Smalley if development along the river. • • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 9 would be stopped because of restrictions. Attorney Graves discussed inverse condemnation. Graves stated if the Borough's ordinance would stop a development along the River, it would be the Borough's responsibility. Smalley stated the City has established standards for development along the river and he has felt all along there should be local control. Smalley added he does not object to habitat protection on the River for those areas who wish the Borough to assist them. Smalley stated he feels the City id solely responsible and should continue to have complete authority to develop all policies of zoning along the river for that portion that is in the city limits. Smalley stated he has also heard comments that, if the City of Kenai is not involved in the ordinance, the ordinance will die. Smalley added if that was the case, the Borough should have dome more homework from the beginning. They maybe should have first come to the City and the draft ordinance may have been reviewed different. Smalley again stated he believed it is the responsibility of the City to govern the lands within its city limits. Mayor Williams stated the Borough ordinance was critical and probably would be delayed for another few months. Williams added he would attend the January 3 meeting. He disagrees with much of. the ordinance. Williams added he would hate to see the council give in to a "knee jerk" reaction and suggested tabling the resolution until after the January 3 meeting to see what else the Borough has to say. There may be amendments made, etc. which the. Council may or may not agree with. Councilman Measles stated he believes the City of Kenai will stay involved with the ordinance no matter what happens with the ordinance. The City has a representative on the Borough Planning Commission. The comment was made that the Borough wants the City's input. Based on the discussion at the work session and at this meeting, this is the City's input. Measles continued to state the City's resolution does not bind the City down the road. If at some point the Council sees that it wants to be involved with the ordinance the Borough passes, it can rescind this resolution and request to be placed back in the overlay district. However, he personally did not think they will. want to do that. • RSNAI CITY COUNCIL MEETING MINUTES DECSMBER 21, 1994 PAGE 30 • Measles stated he,has read the newspaper articles wherein the City of Soldotna has said they.have sn overlay ordinance and it works great. Most of the.degradation to the.River has.happened in the City of Soldotna. Their overlay ordinance is not working and the City Is resolution does not change that. Soldotna would like the Borough.to take back their zoning powers and put the cost on the rest of'the Borough taxpayers. The Property owners' Associations suggested amendments are less restrictive, but still very restrictive to the people living along the river bank. The Property owners' Association includes only about seven people. It is not representative of all the property -owners along the River. Measles stated -he still supports the City's resolution until something better comes from the Borough. Councilman Bookey agreed with Measlest comments. Bookey added he thought the resolution could be overturned at a later date if. Council sees the Borough.ordinance is..going a different direction. 800key stated he is in favor of passing the resolution during this meeting. Councilman Bannock. stated he . would support the resolution. ' ' for . passage at this meeting. Bannock added hs had seen nothing in, the intent of the Borough ordinance for which the City would benefit. Bannock:added he believes the City of. Kenai would be in the ultimate position .to allow conditional use permits before another government. body would. Councilwoman swarner stated she supports the, resolution because it is the only,thing on the table and she: thinks the Borough made a mistake. in not -including they cities in discussions prior to. writing the ordinance,. Swarner added she believes a task force would have been appropriate to. begin discussions. Councilman Smalley stated he had thought the resolution could be tabled until after. the.January,3 meeting. However, the resolution.says what the Council. said at.the.work-session and is;. subject .to- change.... I)iscussion at: the 'January 3 meeting - could have a significant impact on.the Borough ordinance..: The resolution could ba .modif i.ed in ' the future. Smailey staffed he would support the resolution, but:the-January.3 meeting could bring about a change.. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 11 Williams summarized the Council discussions 1• In no way should the general public believe the Council is not interested in the preservation of the critical habitat of the River or believe they are not concerned about the degradation. of the River. The resolution should not be interpreted that way. 2. The Council wants to emphasize the City has zoning ordinances and a Planning & Zoning Commission to enforce those ordinances. The ordinances and Commission have worked well and decisions made by the Planning & Zoning Commission are always, overseen and reviewed by the Council. 3. The City of Kenai is quite concerned that its own ordinances are adequate and other ordinances can be developed.to protect the River in the City.It is the Councils opinion that the degradation in the lower river is not as bad as in other Ir areas, especially those governed by state and federal agencies. 4. The City is concerned about the health of the River but can act on the needs of the River itself. Councilman Measles added he believes the City of Kenai is as concerned or maybe more concerned about the River than those People pushing the ordinance. Measles stated he hopes no one in the public would think otherwise. Measles added this is not the' Proper approach to the problem. Councilman Smalley stated he would add to Williamse•comments where he stated it was the City's authority to govern the River and lands within the Kenai city limits. Smalls suggested it should be said the City Council believes it is their "responsibility." It is a more powerful word. VOTE $ There were no objections to the request for D1Nfl,HINOVB CONgUT. 80 ORDERED, C-5, 1995/96 Liquor Liaeaeo ReneNal Applioatior - Kenai Go Course Cafe - Restaurant/Eating Place. if Approved by consent agenda. 0 • 0 • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 211 1994 PAGE 1,2 1995 am** of Chance and Contests of skill Peralt Application - Kenai Peninsula Fisherman's Association. Approved by consent agenda. 0407. 1995 sagas of Chance and Contests of skill Permit Application - Alaska/Hawaii Moose Association. Approved by consent agenda. C-8. 1998 Dames of Chang and Contests of Skill Perait Application - Kenai Emblem Club #455. Approved by consent agenda. C-9. 1995 games of Chance and Contests of skill Pemit Application - Alaska Wing Civil Air Patrol, Inc. Approved by consent agenda. C.-10. 1995 Gases of chance and Contests of skill Perait. Application - 40/8 Voiture Locale 1539. Approved by consent agenda. 0-11. 1995 Dames of Chance and Contests of Skill Pesait Application - sons of the American Legion Sqd. 020. Approved by consent -agenda. C-12 * 1995 0=09 of Chance and contests of skill vomit Application - American Legion, Post 20. Approved by consent agenda. 1995 Dames of Chance and Contests of Skill Perait Application - Fraternal Order of Eagles, Ladies Auxiliary 3525. Approved by consent agenda. C-14. 2-995 Daces of Chance and Contests of Skill Permit Application - Kenai Peninsula Archers. Approved by consent agenda. • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 13 C-15. 1995 gamas of Chan06 and Contests of Skill Pernit Application - Women's Resource & Crisis, Center. Approved by consent agenda. 1995 games of Chance and Contests of Skill Pemit Application - Kenai Elks Club 02425, Approved by consent agenda. C-17. 1995 dames of Chance and Contests of Skill Permit Application - Alaska Chapter, National Multiple Sclerosis Society. Approved by consent agenda. C-18. 1995 games of Chance and Contests. of Skill Permit Application - Peninsula Lodge 01942, Loyal Order of, Moose. Approved by consent agenda. BitI" TAKENS 8 s 25 P.M. HACK TO ORDER: 8145 P.K. ITEM Dt COMMISWITTEE REPORTS 0-1. Council on Aging No report. D-2. Airport Com>sissrsion Councilman Measles reported there had been no meeting since the last council meeting. Measles referred to the. Airport Manager'sreport included in the packet. Measles:,noted the enplanements have been very high. Councilman Measles requested the minuttss of the meeting reflect the correct date, i.e. December sg. Measles reported a chart included in a USA-Todey.publication reported Kenai as being the most active eom*uter airpott in the United states. Measles also reported the.. commission dis cussed the taxiway paving (to the CAP building) ; refurbishment of the car rental counters; • i KENAI CITY COUNCIL, MEETING MINUTES DECEMBER 21, 1994 PAGE 14 RFP for services for updating the Airport Master Plan; and the swearing in of Barbara Edwards as a commission member. D-3. Harbor Commission Councilman Bookey reported the minutes of the last meeting were included in the packet. The Commission requested a work session with Council to discuss dredging of the River. The Commission would like direction from Council for developing a way to bring the Corps of Engineers into the discussions about dredging the river and bank stabilization of the lower river. The Commission is willing to undertake planning of such a project. Williams asked Kornelis if he received fee information and a review of the bank erosion. Bookey stated the report had been. received. Bookey explained the Commission wants to take the next step. Williams suggested Administration correspond with the Corps to find out what the next step is and the costs involved. Bookey agreed. Bookey also reported Mike McCune is the newest member to the Commission. He seems to be an excellent choice and will be very active. Councilman Measles suggested Administration find out what the next step will be in regard to the Mayors discussion. The information received should be reported back to the Commission'so they can initiate actions and make recommendation to the Council D-4, Library Commission Librarian DeForest reported there had been no meeting since the last council meeting. DeForest also reported approximately 300 people attended the open house. DeForest thanked Council for their support of the open house. Smalley questioned whether Commissioner Hansen has moved out of the area. DeForest stated she has received no official resignation. Williams stated he would consider Hansen to have left the Commission and will begin searching for a replacement. Williams also reported the anniversary of January 25. They will have a display at added they have already sent posters and display. the Alaska Railroad is the library. DeForest other materials for 0 KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 15 D-S. parks & Recreation COML8810n Councilman Bannock reported there had been no meeting since their November meeting. Williams referred to the memorandum included in.the packet in which Clerk Freas reported she received a telephone call from Jack Castimore requesting to be considered.for appointment to the Parks & Recreation Commission. Smalley stated Castimore has expressed a sincere interest in being involved in the City. Smalley added he believed Castimore would be a good addition to the Commission. There were no objections to the appointment of Jack Castimore to the Parks & Recreation Commission. D-6. planning & Soning Cosmission Councilman Smalley gave an overview of matters that were before. the Commission. 1. There was a presentation by U.S. Geophysical regarding the Marathon Oil Seismic Program. The Commission approved the program. 2. A landscape site plan was reviewed for.schluaaberger. The site plan was for a building in which to store explosives.. Construction of the building comes under very strict regulations. The site plan was approved. 3. There was continuation of the public hearing on the rezoning of Thompson Park. Mr. Broderson was Opposed .to apartment houses being allowed in Thompson Park. Mr. Lowenstein expressed a strong desire not to allowraultipie housing. Smalley reported he has requested additional code enforcement items be included in the packet for Councills review. Williams requested permission from Council to have Attorney Graves to gather information regarding the gas:well.s on city property within the city limits.from which.the City.can draw royalties. Williams stated he word like Graves to -review the deeds and Unocal leases to determine whether.they aan be'sold as a lump sum package. Reasons for. -gathering -this information were: because the Borough is looking for gas for Midrex and also if the royalties could be sold as a lump sum,the monies could be • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 211 1994 PAGE 16 placed in a recreation trust fund and earnings from the trust fund could be used for various projects. However, Williams stated he does not think the agreements with Unocal would allow this to be done. Smalley stated he would support this. Smalley stated he also asked the Planning & Zoning Commission if they wanted to meet in another work session with Council to discuss any amendments to the overlay ordinance. The Commission stated they wanted to see what the Council forwarded to the Borough. Smalley stated he told them a copy of Council's position would be included in their next packet. D-7a Miscellaneous Commissions and Committees Hietorio District Board - Williams referred to the request made by the Historic District Board to assign a-councilmember as an.ad hoc member to the Board. Their next meeting will be January 26, 1995. Councilman Bookey volunteered to be the ad hoc member; however, he said he would not be available to attend the.January 26, 1995 meeting. Councilman Bannock stated he would attend for. Councilman Bookey. Bookey added he will be attending an MG Board meeting in Juneau on January 26. Smalley suggested the memorandum from the Board be included in the -Planning & Zoning Commission packet for their next meeting at. which time they can choose a Commission member to be an ad hoc member to the Board. The Chair of the Planning & Zoning. Commission can then make the assignment. E-10 Regular Meeting of December 7, 1994. Minutes approved by consent agenda. Williams requested a copy of the City Council Meeting Minutes.of December 7 be sent to the Kenai Central High School Government class. • ICENAI CITY COONCIL MBETINQ MINUTBS D8Cffid88R 21v 1994 PAGE 17 None. None. IM '�d' ! � SII�3N sills to b• Naid, Bills to be satilied. NOTION: Councilman Smalley !MOVED to pay the bills and Councilwoman Swarner Bthe notion. There were no objections. 80 ORDl�RED. , B-E. $1.0.00 Councilman Bannock referred to. -the purchase order to Raggart and asked if there was an.end date. Attorney Graves.stated, realistically, no. • ICENAI CITY COUNCIL MEETING MINUTES DECSMBER 211 1994 PAGE 18 X -d. Ordinance Moo 1920-*94 - Amending the Kenai Municipal Code to Formalize City Policy Regarding Authority'of the Finance Director to Control Disbursements and Expenditures. Approved by consent agenda. 8.-6. Ordinance Moo 1621-94 - Increasing Estimated Revenues and Appropriations by $28,000 in the General Fund For a New Computer for the Finance Department. Approved by consent agenda. 8-7. Diso0e610n Kenai senior Center solarium and Storage Additions. Williams reported Director Porter requested thisitem be tabled until the next meeting. There were no objections. so 01MBRED. 1-1. Mayor a. Dave Crane Letter- Williams requested Councills permission to answer the letter to Mayor Crane and inform him of the Kenai Peninsula Caucus. Williams stated he.was concerned the Mayor was not made aware of the Caucus' wanting to do much of the same things the _Mayor discussed in his_ .letter. _ b. Anchorage Neitiagg Williams reported he.met with the `Sakhalin delegation again in Anchorage. The delegation is. ..reviewing the State ordinances and constitution. They are drafting their oohstitution and fashioning it from the State of Alaska constitution. The delegation has also gathered copies of many.of the Borough and.'City of Kenai ordinances. The group met with Governor Knowles wha invited the delegation to Juneau, and Knowles eras invited to Sakhalin. While in Anchorage, Williams reported he.alsa_attended a Northern Forum meeting with former Governor Hinkle where they -talked ahout the involvement of sister -city relationships in Sakhalin. They also had a lengthy discussion about.the agreement signed by, Hackle and the Sakhalin delegation. regarding sister-cityrelationships. • 0 KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 19 c. Housing Meeting - Williams reported he attended a meeting with the EDD regarding housing on the Kenai Peninsula. They discussed grant monies available for constructing housing. Williams suggested some funding may be available for an addition to the congregate housing facility. If FHA monies are available, the rents would be affected by whatever percentage of funding was FHA funding (if 40% funding, 40% of rentals would be under the FHA rules), 1-2. City Manager a. HER Agreement - Manninen reported he met with HEA regarding a revised Letter of Understanding between the City and HEA for repair and operation of the street lighting system. There are some technical difficulties; however, HEA continues to honor the 1991 agreement. A new agreement will be negotiated in January and be in effect by May 1. HEA intends to sever the letter of understanding by May 1. Manninen stated he will keep Council advised. b. Kenai Bible Chapel - Manninen stated he met with representatives of the church, along with Public Works Director Kornelis. They discussed a potential land swap. They are interested in swapping their properties for property they can move into. There is nothing in writing at this time. . c. Bluff Erosion - Manninen reported he and Mr. Peters met with Bill Nelson regarding his ideas for the prevention of bluff erosion. Nelson suggested a -rough sheet piling of about 500!._- The cost would be approximately $500,000-$550,000. However it is not known if the piling would work. Council would then have to decide how much more they would be willing to put into the cost of bluff erosion prevention. d. HDD Innovation Building - Manninen reported the EDD is continuing their search for a suitable innovation building. The old Carr•s Mall is their number one choice at this time. The building is zoned for light industry which is what they would need. The building would fit into their business innovation, concept. It will be a matter of them getting proper funding. Bookey questioned the Bible Chapel request for a land swap.. Bookey stated when he spoke to them they indicated they wanted vacant land. Manninen stated they want vacant land with a facility already built on it. Kornelis stated they wanted the City to develop the facility. Bookey stated he was surprised at • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 211 1994 PAGE 20 this because when he talked with them they stated they were willing to negotiated and develop their own facility. Kornelis stated they basically said they did not have funding to build a new facility. The City would have to pay them enough for the land and building to build another facility. Bookey stated they indicated whatever the appraised value was they would sell the property to the City. Bookey stated.he believed there was some kind of mis-communication. Manninen stated there was nothing in writing. They discussed what appraisals would have to be done, etc. They requested information on two or three sites. Manninen added he did not know if the church was willing to have an appraisal done on their property. They will have to get enough value out of their property to replace the land and buildings or it will not be worth it to them. Bookey stated he would not have presented the if that was what they wanted. What Manninen proposal was not what was presented to him. I-3. Attorney No report. i-4. City Clerk idea to the Council stated as their Clerk Freas read into the record two telephone polls takehi a. 12/9/94 - Council directed Public works to install' -snow - gates on three (3) of the City graders and to clear snow berms in driveways. To do this, they needed three snow gates at $2,775.00. each, or $8,325.00 total. They also needed to have NC Machinery install a blade float on the 14G for $4,305.00 so the operator, could float the graders' blade while he operates the snow gate. Therefore, they needed Council approval for the transfer of the following funds: From: General Fund Contingency $12,630.00' To: Shop Repair & Maintenance 4,305.00 Streets Machinery & Equipment 8,325.e0 Also needed was approval of two purchase orders 1. NC Machinery for three gates with installation kits 2. NC Machinery for blade float for 14G over $i,000. tov $8,325'.00 4,305.00: KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 21 The telephone poll was authorized by City Manager Manninen; Charles A. Brown, Finance Department; Attested by Carol L.,Freas, City Clerk. The vote was as follows: Williams: No Smalley: Yes Monfor: Yes Measles: No Swarner: Yes The poll was taken by Kathy Woodford. Bookey: Yes Bannock: Yes b. Telephone Poll of December 15, 1994: The Public Works Department requested Council approval for a purchase order to Schmidt Engineering to purchase a starter for. the Unimog. At that time, the Unimog would not start. The Street Department needed this piece of equipment to continue blowing snow. Total cost: $1,240.00. The telephone poll was authorized by City Manager Manninen; Charles A. Brown, Finance Department; Attested by Carol L. Freas, City Clerk and taken by Kathy Woodford. The vote was as follows: Williams: out of town. Measles: out of town. Bookey:. Yes Smalley: Yes Swarner: Yes Bannock: out of town. Monfor: Yes Freas also referred to her memorandum included in the packet which requested direction from Council in regard to term renewals for commission, committee and board terms. Councilman Smalley stated he had no objections to the list:of members whose terms could be renewed with the exception of Hansen on the Library Commission, MOTIONS Councilman Smalley MOVED to continue the terms of people listed if they agree to renew their terms. Councilwoman Swarner BECONDDD the motion. There were no objections. 80 ORDERM., I-5, Binanoa Director No report. RSNAI CITY COUNCIL AILBTING MINUTES DECffiMBER 21 v 1994 PAGE 22 2-*6. Publio Works Direotor No report. Councilman Smalley asked Kornelis when he expected arrival and installation of the snow gates. Kornelis stated he. spoke with NC Machinery and was told the gates were shipped and en route. The gates should arrive in Kenai on Tuesday. Kornelis added it would take two people one day each to install the gates. They should be working by January 1. Smalley also asked if the Unimog was back in working order. Kornelis stated it was. Smalley encouraged the State and City to clear the sidewalks to allow those people who are walking to not walk on the roadway. Smalley also requested the State be asked to grade the Spur Highway to eliminate the ruts on the road. They area very dangerous. Smalley added he believed the State was not doing the to same quality of work in Kenai as they are in Soldotna. Kornelis stated he has asked the State to move the guardrail back 'in two places and they have ignored his letter. Because of where the guardrail is placed, there is no place to push the snow from the sidewalks in those areas. Kornelis stated he would Call the State tomorrow and discuss the problems. Swarner asked if the City could offer to move the guardrail. Kornelis stated the City would have to get the State's permission and it would be at our cost. The work could be done by al Qncing company. Swarner asked Kornelis to find out how much it would cost to move the guardrail. Swarner stated the City could then advise the State of the cost. Bookey stated he had been to.Soldotna and noticed the State streets were in much better shape than those in Kenai. Bookey added he sympathized with the budget the State has.to work with, but thought the City has the responsibility of applying as much: pressure as possible to have like service in Kenai. I-7., Airport Manager a . Moritb-0Xsnd Report - Airport Manager Ernst stated the end -of -the -month report was included in the packet. Ernst stated the enplanement records will be the highest. in the airport's history. Car rental receipts will also be about $7.,000 more this • • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 23 year than last year. He has asked the airlines why they have had so much more business, but they are not able to say why. b. RFP/Master Plan - Ernst reported he spoke with Attorney Graves and has been taken off the selection committee for the award of the Master Plan project. He has a conflict as one of the finalists is a company owned by his brother-in-law. The selection committee now consists of Kim Howard, Joel Kopp, Rachel Clark and Jack La Shot. They have made their first review and now will choose the final two proposals. They will have a recommendation for action by Council at the second meeting in January. After that, they will meet with FAA and decide on the cost of the project. Councilman Bookey asked Ernst why the airport gates at the main entrance were not working properly. Ernst explained there was a problem with the wiring. The gates were not getting enough.. voltage for the controllers to make good contact. Ernst added the repair work should be completed by the end of next week. Bookey asked if it was a design flaw. Ernstt answered it appeared to be. The contractor did not take into consideration the heating unit and oil reservoir. Wm. Nelson & Associates designed the project and Jahrig Electric did the work. Kornelis added an electrical sub -consultant did the design. Ernst stated the total cost of the repair work was being worked up now. The work is under warranty. Kornelis stated they need to get in touch with the subcontractor and have him look at the project. This is the first he heard of the problem. Ernst . stated the other gates don't have a problem. All the rest are next to the power source. J-1. Citizens (verbatim) Betty Slick - Betty Glick again and Mayor Williams and members of the Council, I don't wish to belabor the issue on the Kenai River Overlay District; however, I left and I came back three different times before I came back down. But, in a conversation with my other counterpart on the Assembly who represents the City of Kenai, we have a difference of opinion in. regard to action taken by the Council. So, I need some clarification. s • KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 24 My understanding of what transpired this evening, and based on the conversations here, is that Resolution No. 94-83 was adopted by unanimous consent which, in the "Now Therefore" clause, requests the Kenai Peninsula Borough Assembly not to include the property within the City Limits of the City of Kenai in the'Kenai Overlay District and that you are retaining an option for further consideration, either to rescind this resolution at a future date, or to adopt another resolution if you think it's necessary. As a representative on the Assembly of the City of Kenai, it was my intention to honor the request of this resolution at our next meeting when we discuss Resolution No. 94-52. The perception of my counterpart is that even though you have adopted this resolution, you are not asking for any action at this time, that this is just merely being considered as another Piece of information to be considered when and if we get into the development of the actual Ordinance 94-52 and that you wish to continue to work with us. And, I don't think we disagree on that point of view, but the clarification that I need is, was it the intent, Mr. Mayor, of you and the council, to have the Assembly take action on this resolution at our next meeting when consider Ordinance 94-521 even though it may be postpwe oned for another month or two. Or, is this to be considered just as a piece of information that we would consider when we get into rewriting Ordinance 94-523 Williams: Well, I think that if I get the reading from the Council correctly, the resolution stands on its own merit at this time. Now, it may very well be that future information brought to the council may allow the Council to reconsider their actions of this resolution and that we may, at some point in time, elect to do something else. I qualify all of those with "may" but at the present time from my observation of the Council, the resolution stands on its own merit. Glick: So, you would request that the issue be brought up at the Assembly when we consider Ordinance 94-52. Williams: That's my understanding from the Council. Glick: Well, I, of course, don't want to put Councilman Measlee, on the spot, but he was party to the conversation and he and i were on the same understanding wavelength, but when I was being talked to otherwise and I, as I said, I feltsthat-its was incumbent upon me to come back and to just to get a point of • KENAI CITY COUNCIL MEETING MINUTES DECElUBBR 21, 1994 PAGE 25 clarification because I do not want to do anything that's going to jeopardize the relationship between the Council and the .. Assembly or to create any additional friction. So. I felt.that I needed to have some clarification. Williams: Councilman Measles. Measles: As I tried to tell Tim out there, the intent of that in my mind, is by honoring this resolution, by bringing it forward at the Borough Assembly meeting, January 3rd, it then becomes a part of or an amendment to the borough ordinance. Now, I understand that the intent at this time, is to postpone action on the ordinance. That, in effect, if this action is placed into somehow a part of that ordinance, then it is also postponed with the ordinance. Glick: Right. Measles: Our resolution, if it becomes a part of somehow that - ordinance, either by amendment or however you choose to doit, will stay with that ordinance until such time as the ordinance. passes, fails, or we rescind our resolution. So, 1, my opinion, we want it acted on in whatever manner it needs to be done, whether it needs to be done by an amendment.to the ordinance, or whatever. But, that's the Assembly's business. Glick: Mr. Mayor, that was my perception and again, in looking at parliamentary procedures then and you have a motion to adopt, and then a motion to amend and then a motion to postpone, and my understanding was, as your understanding was, that in a discussion, as I said, with my counterpart, I was told that's the wrong way to go thatit would just create a big fight with.*he City and that greatly concerned me because I do not want to do anything that's going to exacerbate the situation any further than it is. So, as I said, I drove around three different times... and finally I said, I've just got to go and get clarification. So. I appreciate, Mr. Mayor and Councilmembers, your indulgence and the clarification, and Mayor, I understand that you will,be at the meeting on January the third, at the work session, and I. will express my intent at that point in time and hopefully you could corroborate what the intent of the Council was. 40 KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 26 Freas: Perhaps send a cover letter with the copy of the resolution that we send over there stating all that? Williams: That would be a good idea. I think to clarify that in writing. Yes. Councilman Smalley? Smalley: Just on behalf of myself as a City Councilman speaking, I really appreciate your coming in and visiting with us rather than assuming that others have in the past. I really appreciate that. Glick: Well, I don't always get to the meetings as frequently as I should, but as the mayor pointed out, sometimes you get a little burned out, but I certainly do keep abreast of what the City Council is doing and when there are issues, I do try to be here either to inform you or to listen to see what action. So again, I apologize for taking extra time this evening, but I just felt I needed to get some clarification. So, thank you very much for your indulgence and your time. Council Bookeys Wished all happy holidays. Swarnert Wished all happy holidays. Requested Jack La Shot to attend the January 3 overlay ordinance meeting as he is the City's representative to KRSMA. Measles Wished all happy holidays. Bannock* Wished all happy holidays. Smalley* Wished all happy holidays. Smalley added the students who participated in Government Day sent their thanks to the City and Council. They thoroughly enjoyed the experience.' Smalley also reported he spoke with a resident from Kim-N-Ang Court who assured him they are still interested in an LID for paving their street. Smalley added he noticed a big difference in Senator Salo's remarks regarding the state budget and what Lobbyist Reed stated. It will be interesting to find out who was right. Williames Reported the speaker at the Chamber luncheon discussed a small business development center which will be, started through the University. The First National Bank of Anchorage will be awarding a $300,000 grant to establish the center on the Peninsula. Williams stated it sounded as though the work the center is to do is much like what EDD is doing. The 40 KENAI CITY COUNCIL MEETING MINUTES DECEMBER 21, 1994 PAGE 27 EDD will possibly bid on the grant and., if awarded to them, would be able to expand their small business activities. The bid.will be awarded in early January. Manninen stated he believes the grant would be awarded to the EDD; however, no one can announce.the award until.'Friday. 3 1. ADJ4DRNUM The meeting adjourned at approximately 10:05 p.m* transcribed and submitted by: Carol L. Freas, City Clerk