HomeMy WebLinkAbout1989-10-04 Council Minutes:<<xtiifie�i•
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B.
AGENDA
KENAI -
OCTOBER 4 REGULAR MEETING
CITY COUNCIL
A. CALL To ORDER . 1989
Pledge
of Allegiance
2• Ro
1 Call
39 Agenda Approval
4 • Consent *'-
*All itemsenda
considered tc be rWith an
routine asterisk*� are
the Council and will be approved
non-controversia
There will be b 1 by
items no Separate discussion of these
which case the
COuncil
Item will beer s° re se
Consent Agenda and conside removedfromsequence on the red in its
Orders. agenda as part of the normal
5• Executive Session - A General
SCHEDULED PUBLICAtty. Haggart
COMMENT (30 Minutes)
19 Bob Williams
Convention ' Kenai Bicentennial V
2• Larry Powers - Arctic•Wintisitors &
ers - Request Games
T,.delands quest for Appraisal Proposal
U
Update on
PUBLIC HEARINGS Pl
1• Ordinance 1333.89 -
a°t 4section 34 Amending Zoning
Substitute Ord. 1333ire Map - Govt.
2• Ordinance 1341-89 - 89
Senior Citizen Increase Rev/A
3• Resolution 89_ Center Representative Travel -
Lease - Schilling Award Airport Restaurant
CON�lISSION CO ant & Bar
MMITTEE REpORTS
1• Council on Aging
2. Airport Co
3• Economic Deion
4. Harbor commission Commission
5• Library Commission 6• Recreation Commission
7• Planning & Zonin
8 • Misc• Commission i omission
MINUTES ittees
1. *Regular Meeting, Sept. p 20. 1989
1
KENAI CITY COUNCIL REGULAR MEETING
October 4, 1989
Kenai City Full
Mayor John J. Williams Presiding
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
Present: Mayor Williams, Measles, McComsey, Monfor, O'Reilly,
Smalley, Swarner
Absent: None
3. Atxenda Approval
a. Delete item B-2
b. Add item C-3
c. Add item D-4
d. Add item I-3 - Additional information
e. Commission application from Christy B. Anderson for P&Z
(no action)
MOTION:
Councilman McComsey moved approval of the amended agenda, seconded By
Councilman Smalley
VOTE:
Motion passed by unanimous consent
4. Consent Agenda,
MOTION:
Councilman McComsey moved approval of the Consent Agenda, seconded by
Councilman Smalley
VOTE:
Motion passed by unanimous consent
S. Executive Session
Mayor Williams requested that the Council consider an executive session,
information and details of the executive session, if revealed in general
conversation with public may be detrimental to the good and welfare of the
city, would request the session attended by outside counsel, Mr. Haggart,
City Manager Brighton. After completing that portion of the .executive
session I would like to have you remain in session while we hear from in-
house counsel Mr. Rogers. All these are legal matters if disclosed may,
affect the financial matters of the city.
MOTION:
Councilman Measles moved, at Mayor's request for an executive session for
the reasons stated, seconded by.Council.man McComsey
KENAI CITY COUNCIL
October 4, 1989
Page 2
1
9
VOTE:
Motion passed unanimously
EXECUTIVE SESSION COMMENCED AT 7:10 P.M.
COUNCIL RECONVENED AT 8:00 P.M.
Mayor Williams: llI would like completed the executive tosession, tInform here were a general
following directives have been three matters discusswe
given . ed
1) The Council has directed
Proceed with litigation
Ration against
Proceedings;
2) we have
behalf of the
litigation;
have
the
our outside
t the Inlet
legal
Woods
firm
Mr.
Haggart to
group
ET
AL in our
directed the Cit
ef of PoAttornelice proceed with the
defense on
City and the Chi
In personnel matters now in
3) in the matter of the Burnett liti,
City Attorney to proceed with filings of ration, Council has directs
d th
B. SCHEDULED PUBLIC COMMENT the pleadings recently receivee
1• Bob Williams
Kenai Bicentennial Visitors &
Arctic Winter Games pro Deal
Conventio
n Bureau -
Bob Williams: I work for
Of the Bicentennial Visitors h&vron USA in North
Kenai
I and x
the Possibilityut in 1992. y of the Arctic am President
Winter Games bein COnvention Bureau h want to talk
I would like to e g held in the Kena
involved in thii/Soldaona
s. xplain how I and the Bureau have
become
Part of our mandate
Bicentennial Celebration is 1 in use of the City
bicentennial throw twofold. One is funds in promoting the
a list of events that our locate and secondl to Promote Kenai and the
enjoy. To that end We looked t scitizens and citizens ensn of t ple and have
and for bringing people into the area al opportunities for both state ion
the Arctic Winter G promotion
I would like to announce that the Bureau Games is one.
Chambers of Commerce w . along with the Kenai and 901
selected as the ere successful in having dotna
Convention which e9 the sight forthe g the Kenai/Soldotna area
annual conventiona Alaska
Chamber brings about 400 in October Verf Coerce
with them and a final p n the area. y Year. It
We only have to work
Juneau and beat theft b plan to have our bid acce accepted. out a budget
I learned that the y e 2 to 1 vote. In speaking with ethemJun ed against
and no more s y Were Quite upset. not havingeau folks,
activities as an economic booster. legislators In October
they look forward to
Instead. That booster will be coming to outhese r area
KENAI CITY COUNCIL
October 4, 1989
Page 3
More importantly it will mean that over the next two years, because we will
be going to every Chamber over the state of Alaska, we' 11 be promoting the
Kenai Bicentennial as part of the State Chamber convention in 1991. We
think its a real coup. We will have more on this for you in the future.
This was all due to the efforts of some people from Kenai and Soldotna
wearing red underwear and big fish heads, that we were able to put on the
appropriate bid and you will probably see more of those red underweared
"Fish Heads" in the future. The expression, "Kenai Reds" is becoming.well
known throughout the state and may very well develop as another theme of
our Bicentennial.
In the area of looking for more promotion, we explored the idea of putting
A rc* : e - in the bid for the A.ati,e Winter Games as where you bring in about 1,000
athletes who participate in a number of events throughout a week-long
period. Of course there are parents and visitors that come along with
that. I regret to tell you that I have not been able to get enough budget
information to feel comfortable to recommend that we move forward with this
project. We have been working with the CIty of Fairbanks and their Visitor
and Convention Bureau which has hosted it the last two times it has been
held in Alaska. The first time the legislature made a grant of $750,000.
The last time it was -held it was a $500,000 grant and the thing that we
tried and have yet to figure out is who made up the $250,000 difference,
if in fact, the event is posted for $750,000. Our estimate is its $1
million dollar event and before we felt comfortable with going to the
cities and chambers with taking on an event of this size, we wanted to be
able to define exactly what that budget will be. We've not done that to
date so I'm not in a position to recommend that this would be something
we would come to the city for funding for as yet.
It is this kind of event that the City might begin to look to the future
for because this represents an influx of dollars. The state is going to
hold this event somewhere. Further it represents our area to other parts
of Alaska and other parts of the northern hemisphere, in this case,
Siberia, Greenland, and several provinces in Canada as a destination in
the off-season. I think that is of tremendous value in terms of promoting
our additional attraction outside of those days when our hotels and
restaurants are full.
This is one of the goals of the Bureau. As soon as I get more information
on the budget I will be getting back to you.
City Manager Brighton: Is the Bureau actively pursuing the Pioneers
convention in 1990?
Mr. Williams: Let me clarify our charge because I think there is some
confusion. Our first and foremost activity is to promote the Bicentennial,
plan the events, and have that come off as a successful celebration for
the peoplo of this area and hopefully have something lasting for the City
of Kenai. Secondarily to that we are looking for opportunities to promote
that Bicentennial even to Alaskans where ever they are, whatever
association. One of the best ways to do that is to bring in small groups
that are going to be getting a sample of the area so that we can form an
alliance with them. The Pioneers of Alaska and other groups will decide
r
KENAI CITY COUNCIL
October 4, 1989
Page 4
on their own that perhaps Kenai is a good place to hold a convention with
some help from us. More importantly, once they have decided that Kenai
is a good place to hold the convention, then our agency proposes to help
them in every way to make that a successful event so people have this good
feeling about the Kenai area, go home to their cities remembering that.
Kenai is a good place to visit and that the bicentennial is coming and this
should be a destination for them in 1991.
City Manager Brighton: So the Pioneers do fit that criteria. Answer yes.
Mayor Williams: Its our understanding that they have chosen the Kenai area
for their convention and I think what we. want to hear is that yes, the
Bureau is offering themselves to them.
Mr. Williams: Keep in mind that because of our limited staffing, our main
objective still remains the Bicentennial Celebration and we will not
sacrifice any quality in that area. Our ability to help these
organizations will be through helping them get organized. We certainly
will not be able to offset their printing and other things that many.of
these groups come to us and want us to do.
Councilman Measles: Wasn't there a proposal in the Arctic Winter Games,
a fairly good budget number? Answer yes. We had a budget of $1 million.
We were using Fairbanks' experience. 1986.is when the state budget was
trying to wind down. Again, that is when the budget was reduced to
$5000000. If we got $500,000 from the state,.with the three full time
staff people and the money we would have to expend because we would be
required to provide housing, meals, and transportation for the athletes,
it adds up to more than we could come up with.
C. PUBLIC HEARINGS
1. Ordinance 1333-89: Amending Zoning Map - Govt. Lot 44, Sec. 34 -
Ma ire
MOTION:
Councilman Measles moved adoption of Ordinance 1333-89, seconded by
Councilwoman Monfor
Mayor Williams asked Council to note Substitute C-1a.
Councilman Measles asked for an explanation in-house of the two ordinances
in order for the public to know.
Councilman Smalley: I missed the last meeting in which this was heard.
Mayor Williams called for Mr. Kevin Walker from the Planning & Zoning
Commission.
Mr. Walker: (Referring to the plat accompanying the Ordinance.) At the
last meeting, we had agreed to recommend this to Council and suggested the
addition of an easement per the staff recommendations.
LJ
0
KENAI CITY COUNCIL
October 4, 1989
Page 5
City Attorney Rogers: One other thing, 1-a requires the filing of a plat,
which was not available initially and Council felt that they should
condition the ordinance on the filing of such plat. You will notice that
that is the last language in the enacting section 1 of C-la of Ordinance
1333-89.
Mayor Williams: I suggest we pull back just a moment and introduce'C-la
instead of C-1 as the proper substitute.
Mayor Williams called for public comments, there were none.
MOTION:
Councilman Measles moved to amend
total for Ordinance 1333-89 ite
Councilwoman Monfor.
VOTE:
Unanimous Consent
m
Ordinance 1333-89 by substitution in
C-1a in the packet, seconded by
J.
Councilman Smalley: At the meeting I attended, some of the discussion that
came up on this proposal was the fact that it was felt by some of the
Commissioners that it is a spot zoning situation. Yes, there were other
commercial entities in that given area, but the concern was that Swires
Road was a nice dividing line between commercial and residential area.
There was concern expressed over the road width .and turnoff going into the
proposed development potentially causing problems during the day when
school buses would be turning, stopping, and traffic backing up.
The Comprehensive Plan that they are going through does reflect that the
zoning along the Spur Highway in that area probably should go all
commercial.
Mayor Williams asked Councilman Smalley to repeat the statement. I believe
that the Comprehensive Plan we have reflects that in the future
consideration should be given to making changes. The problems that I have
with it at this point is that it is spot zoning. I don't think that's
necessarily in the best interest and best plan in planning for the city.
Mayor Williams: The Planning Commission appears to have struggled long
and hard with this issue if you note the minutes of July 22, 1989. In
voting on the amendment that was offered, the amendment failed on a tie
vote. In the vote of the main motion the motion failed on a vote of 4 to
2. We then proceed on to the minutes of September 27, 1989 and note that
the vote on the motion passed unanimously, however, there were only four
Commissioners present. My question of one of the Commissioners is whether
or not the Commission felt comfortable with what had occurred.
Councilman Smalley: When it came back to them, the question came up as
to why this was being sent back and I explained that it was because of the
plat. I mentioned that there was no discussion at this level.
KENAI CITY COUNCIL
October 40 1989
Page 6
Councilwoman Swarner: I also agree that it is spot.zoning and I. talked
to several residents in this area and the principal of the school there
and they are all opposed to the zoning change.
VOTE:
Councilman McComsey: Has this plat been to the Borough? Answer yes. I
wanted to see if there was a water easement and the entrance to this lot.
Councilman Smalley: I believe the water easement is off Swires.
Mayor Williams: Council has no doubt noted that there are three letters
from surrounding property owners opposing the rezoning of that area. Mayor
Williams asked if any of the letters of protest had been withdrawn, answer
from Councilman Smalley, to my knowledge, none were.,
Councilwoman O'Reilly: I think in view of the objections of a large
significant number of neighbors with houses in that vicinity, and the fact
that it is spot or strip zoning, I don't have any strong objections to that
particular business that is proposed, but the idea of changing the zoning
and what could follow, especially being in close proximity of the school,
I'm going to vote against it. .
Motion fails unanimously by roll call vote
2. Ordinance 1341-89: Increase Rev/Appns - Travel - Senior Citizen
Center Representative - $1, ,102,
MOTION:
Councilwoman Monfor moved adoption of Ordinance 1341-89, seconded by
Councilman Smalley
VOTE:
Mayor Williams called for comments from the public, there were none.
Motion passed unanimously by roll call vote
3. Resolution 89-71: Award Airport Restaurant & Bar Lease - Schilling
MOTION:
Councilwoman Monfor moved for approval of Resolution 89-71, seconded by
Councilman Smalley
Mayor Williams called for comments from the public.
Mayor Williams called attention to the additions to this item, material
from the King Oscar Motel and'Mr. D's Restaurant.
Glen Dobbe: I am half owner of King Oscar's. We were thinking about
giving a bid proposal for the facilities at a previous time,. but due to -
lack of interest ... We went out and looked at the facilities last .week
and we read the article on Mr. Schilling's proposal on the facilities and
discussed what we could bid and still make a profit. We came down Friday
with a proposal that is slightly more than his offer and we feel that -it
would be a good deal for the public and the airport people.
r
KENAI CITY COUNCIL
October 4, 1989
Page 7
The only problem that we could see
is facilities to make their main living it might
community be rather rough.
add a facilityg However,
••• Since it was, seemed to us tobean good income and
rather
than a closed bid, we acted like it was a closed
what we felt was what we could offer and m bid and eejustdoffered
facility a success. make a profit on it
and make the
Our only good advantage beverages business and as deliveries are made they are is,
Ring Oscar's does do lot of food, alcohol and
We owe no bills to any vendors in the area.
Paid as they leave.
City Attorney Rogers: Councilwoman Swarner amendments to this. Por the council edification is going to make Mae
Proposals, one of which n what we re into now are
meeting, the other which you received through Mr. Schilling
some written material, y°u�ve just received, an oral at Your last
It is not a bid situation as such,
plus
well be a consideration for
their enterprises, You• Your knowledge of the Individuals Price may V d
is for rprises, as submitted to you in verbal
Your consideration as well as an Presentations, of course
the relative enterprises.
Y. Personal knowledge g You have of
In view of the fact that we have a Proposed + P posed draft lease
s•.,,;; . � 3n your packet, I can only
here
today r King Oscars also inferentially that the secondProposal at was included
although the lY wants to be accepted thatelease
modifications that he addressed seed that•
have Swarner,
Mbeen incorporated as, that the
document. I believe Councilwoman Swarner, wh P ted into that
prior to
this meeting is going to ask to amend o I have spoken to it speaks to that document as portions of the resolution so that
Schillings so that the actual document can° be
aPprovin proposal made by the
9• The propOB$j made didn't include thehboilerment Council is
portion of the lea This wa late modified in the suggestionsY YOU are approving the lease form eas
available to Mr. by Mr. Schilling.
Schilling almost The documents were made
he may want to address Unediately after the last meeting so
Portions of that.
Councilwoman Swarner: After, on the third lin
Schilling, as, instead of e, after Louis and Theresa
saying "as set forth in the attached draft then feting the rest and instead
Paragraph. And then in the fourth sea that's in the first
"September 20th, 1989 it Paragraph in the second line strike
which would be in the best interest erestn of the stead ay "leases would be
last • city", which should be•inethat
Mayor Willis asked Councilwoman Swarner to
Councilwoman Swarner: repeat the amendments.
the Council of the Cit Okay, the third Paragraph should read "
Y °f Kenai has determined that Louis and Theresa
Schillings leases which would be in the best
then in the following interest of the cit a
words "their g paragraph, the second to the last line, delete And
Proposal dated September 20, 1989", so it shouldhe
read,
KENAI CITY COUNCIL
October 4, 1989
Page 8
is"Theresa Schilling as described in the attached draft lease proposal".
I'm sorry that should probably say leases proposal. City Attorney Rogers:
"Draft lease proposals".
Mayor Williams: The effect of all of these amendments then is to refer
to the draft lease proposals rather than the dates as indicated in the
resolution.
MOTION AMENDMENT:
Councilwoman Swarner moved that the third paragraph should read, "Whereas,
the Council of the City of Kenai has determined that Louis and Theresa
Schilling's leases which would be in the best interest of the city". And
then in the following paragraph, the second to the last line, delete the
words "their proposal dated September 20, 1989", so it should read,
"Theresa Schilling as described in the attached draft lease proposals",
seconded by Councilman McComsey.
City Attorney Rogers: If I might, that also makes it generic so the
Council can award to either one of the individuals under this resolution.
VOTE:
Motion passed with Unanimous Consent
C:
Mayor Williams: Incidently, as the 034 Attorney indicates, this could
be generic and that the names Louis and Theresa Schilling could be struck.
City Attorney Rogers: If you decide to go with the second proposal I may
need to work on this. Because this presentation came up rather suddenly.
Councilwoman Monfor: "I'm going to be up front. I'm planning on
supporting the Schilling proposal. For months we've had bid opportunities
out there and nobody took them and this isn't a slam on King Oscar's but,
it was a very last minute thing and I'm sorry but I don't know you and
the Schillings have been in the area for a long time and I think that
they're going to give the City something that we're looking for in the way
that they run the establishment and I'm basing a lot on the way I'm voting
on that. They're going to run it the way that I would like to see it run.
At least I anticipate that they are. So what I'm looking at is how
Schilling would run the bar and restaurant. The only thing that I would
like to see and I don't know if its possible, if it could also be four
makers. And I don't know the reason for the May first "
Gary Jenson: I work for Mr. Schilling. It was our intent to open the bar
before May first and after further discussion we've also decided that
probably the restaurant before that time. Councilwoman Monfor: And I'm
sure a lot of it depends on what our construction time will be for
finishing ... when?
City Attorney Rogers: I don't think there's any problem ... in opening
sooner situation, these are outside dates. And I'm sure we'll work with
them, to get in sooner if that's their desire or if that's possible.
KENAI CITY COUNCIL
October 4, 1989
Page 9
Councilman McComsey: Do the dollar figures have to be introduced into the
ordinance too. City Attorney Rogers: You're incorporating the draft lease
and that has 'all the dollar amounts in it.
Councilman Measles: "The only comment I have., to reiterate Councilwoman
Monfor's statement, I would like to see those facilities open as soon as
possible as those facilities have been closed down too long.already."
Mayor Williams: "What you have before you is an introduced resolution
regarding leases to be awarded to Mr. & Mrs. Schilling and an additional
proposal having been presented by Mr. D's, if you're ready for the vote,
the vote would be to .... to
City Attorney Rogers: By passing the resolution you will be making the
award to Mr. Schilling. It
VOTE:
Motion passes
Smalley - yes
Swarner - yes
Williams - no
McComsey - yes
Measles - yes
Monfor - yes
O'Reilly - yes
COUNCIL RECESS
D. COMMISSION/COMMITTEE REPORTS
1. Council on Aainc
Councilwoman Swarner passed out a brochure from United Way and a copy of
a slide of the Kenai Senior Services on the cover. The next meeting will
be in approximately 2 weeks.
2. Airport Commission
Councilwoman O'Reilly reported that the last meeting was September 28th.
At that meeting the Commission accepted the resignation -of Chairman Tom
Irwin and requested that he be kept on the Commission as' an Ad Hoc member.
Mayor Williams explained the reasons for Mr. Irwin's decision, that being
his involvement with the Air Guard.
Council agreed to assigning Mr. Irwin to the Ad Hoc statue.
3. Economic Development Commis^, ion
Mayor Williams reported that.the last meeting was September 21st. Mr.
Barry Thomson is the new chairman.. The. next meeting will be October 12th.
KENAI CITY COUNCIL
October 4,'1989
Page 10
Lf, 14aAP0�-
a. Chairman Barry Eldridge reported that the last meeting was September.,
25th and they did have a quorum.. Thanks to the Borough there is now a map
for the buoys in the Kenai River and there is an ongoing need to review
these permits.
b. The Commission began work on a five year plan and they are in the
minutes for your information.
c. The. Harbor Commission agreed to meet on a quarterly basis with the
Economic Development Commission, Chairman Eldridge will be the
representative.
d. The next meeting of the Commission will be October 23rd.
5. Library
Councilwoman Monfor reported that there was not a quorum at the last
meeting, however, the current goals and objectives are in the -packet for
review.
6. Recreation Commission
a. Councilman Smalley asked about the gate at oiler Park. Director.
McGillivray answered, there is.a meeting in two weeks to discuss it. A
letter has been sent that it was approved. Councilman. Smalley stated that
it continues to be a "hot spot" to meet before and after school. There
have been a couple of calls to the school and the police were called.
b. There will be a meeting tomorrow at 5:30 P.M. with a representative
from Triple Crown Sports. They are trying to set up a series of softball
tournaments in the state. At this point they have 23 states that conducted
tournaments with top teams from those states going to the national
tournament in Steamboat Springs Colorado. This gentleman is -here to
promote the tournament. They want to have__one in Fairbanks, Anchorage,
and Kenai. They are talking about 40+ teams and has potential for more.
The city's obligation is for providing the fields and maintenance which
we do anyway. There would be a $2500 up -front fee and the meeting will
be to discuss this fee also.
City Manager Brighton: Where are those 40+ teams from? Director
McGillivray answered that they are all Alaska teams. None are from
outside. Then those teams from each state will go to national tournament.
The teams that qualify to go get free lodging and in some. cases,
transportation. Our teams probably would not receive travels funds but
they would get the free lodging which is good when you're looking at four
or five days.
Added Item D,-2
a. Mayor Williams, asked to back up to the Airport Commission report to
ask Manager Ernst about the reference on, page 6 of the minutes of the
"L'eConte" at the airport.- Manager Ernst answered.that,.the reference was
KENAI CITY COUNCIL
October 4, 1989
Page 11
to the "Connie", i.e. the old Constellation that was parked at the airport
for several years.
b. Councilman McComsey asked the status 'of, Ordinance 89 which was
submitted regarding the name change of the,,Commission. Mayor Williams
answered that it is up for introduction this evening.
7. Planning and Zoning
Councilman Smalley stated that the minutes are in the packet and the
Comprehensive Plan has been divided into teams for further review and
drafting. The Chairman, Pat Nault has indicated that she will be leaving
the area by December, and of course, Mr. Walker will be leaving also.
Misc. Commissions/Committees
None
E. MINUTES
1. Regular Meeting of September 20, 1989
�T Approved by Consent Agenda
F. CORRESPONDENCE
6. Railbelt_ Coalition Meeting
Mayor Williams reported that these meetings have been held on a regular
basis. What Mayor Jones is looking for is getting something together to
go before the legislature this year. It is probable that the Railbelt
Energy Fund is going to be broken up and that is the number one item for
discussion. We - need to come up with what we would like to see happen and
have it prepared for the meeting in Juneau in November.
City Manager Brighton asked what the Coalition is. .Mayor Williams answered
that it includes all Boroughs and communities who are touched by the rail.
The rail runs through the Kenai Peninsula and. the City of Kenai was
included as part of the route. City Manager Brighton. asked who represents
the City of. Kenai. Mayor Williams answered that there is no official
representative and it falls pretty much to the Borough Mayor.
City Manager Brighton: If you want $6 million for congregate housing, this
is the only place you may be able to find it and.you should have someone
at this meeting. Councilwoman Swarner suggested the Mayor be
representative.
City Manager Brighton: if you think Fairbanks and Mat -Su won't try for
all that money you will be wrong. Councilwoman O'Reilly: I agree,
shouldn't we have a representative there? The Council agreed. Councilman.
Mccomsey: The letter says to bring ordinances, we .should put that in the
KENAI.CITY COUNCIL
October 4, 1989
Page 12
form of a resolution. Mayor Williams: I think what I need if Igo to that
meeting, is a resolution from this Council advising that Railbelt Coalition
that the City of Kenai wishes to participate in the amount of not less than
$b million from that fund for congregate housing. We -need some other kinds
of information or letters backing up our position plus something that very
strongly indicates to them that we desire a share, in whatever is done with
the fund.
City Manager Brighton: We haven't been represented very well by the Kenai
Peninsula Borough and if we don't take care of ourselves we aren't going
to have anybody to blame but ourselves. Councilwoman Swarner: We could
pass an ordinance at the next meeting. Perhaps both of you could go.
Councilman Smalley: Perhaps you could take a second resolution suggesting
that at least the City of Kenai would like, in addition to the congregate
housing, take a look of the money that comes outBrightonofthat fun ��tPer
capita basis. Mayor Williams and City Hanag
appropriate ordinance for the next meeting.
G. OLD BUSINESS
1. Kenai River Public Boat Launch
At Council's request, the City Engineer prepared documents categorizing
events leading up to this point. There has been a meeting set for October
12th at 9:30 A.M. and Council is invited. it is a sight visit and then
review of the maps. Director Kornelis handed out. additional material and
photos. Council was asked to keep in mind that this is not a set location,
merely the best location identified thus far. There are several problems
that need to be resolved including Corps permits, however, they have been
identified and can be overcome.
Mayor Williams asked Council to note the photos of the Cone property and
to keep in mind that it has not been determined how much of the property
will be involved in the project, however, it would probably be most of
Tract A-1B excluding those subdivided lots. The project would include a
double boat ramp, 2 1/2 acres for parking, and access.. A letter indicates
Mr. Cone would be willing to donate half the gravel to build the road.
The property is relatively inexpensive compared to some of the other river
front properties. Several agencies have already indicated that a boat ramp
of this type is desireable and this location is agreeable at this point.
The process will be the determining factor. We still need to look into
our ordinances governing RV parks, the bicentennial, and money to build
such a park.
From a tourist standpoint, one of our greatest assets is the Kenai River
and access to that river is important. I estimate, from our figures and
Mr. Cone's indication of value of that property, the project will exceed
$400, 000 . It would appear that we may . be able . to get a grant of $200, 000
The main question before the Council is going to. be, are we willing to put
forth the remaining $200,000 for the development of that project.
I put together a small economic model that indicates the roll over in sales
tax benefits for the City would probably return us $150,000 in about 3 to
0
KENAI CITY COUNCIL
October 4, 1989
Page 13
4 years. Mr. Cone has agreed to take the money over a period of time.
We indicated at our last meeting that we move ahead with our site selection
committee meeting and I would like comments from Council.
Councilman McComsey: Can we buy the property. Mayor Williams: We've been
reluctant to begin hard negotiations because the purchase of the property
has to be tied directly to the permitting process. We cannot obligate
ourselves to purchasing and he understands this.
Councilman Smalley: I believe that you are not going to find property any
cheaper. It is unfortunate that it is still going to be affected by the
tide, but adjustments can be made. I think it's something we should
seriously consider.
City Manager Brighton: This is what you will be discussing October 12th.
I would urge Council members to be there. Councilman McComsey: Is there
a way to tie that property up pending the money coming through. He should
have some sort of ...
Mayor Williams: When we finally
project we'll have to call Mr. Cone
the land up until such time as the
payments, with the caveat that if
obligated to buy the land.
decide that we are going to do this
in to negotiate an agreement that ties
permits are issued and we can make the
the permits are not issued we are not
Councilman Measles: Has the site visit been timed so that we will be
looking at it at low tide? Director Kornelis: It will be a .6 tide. The
only lower tide would have been at midnight. You can walk to the site with
no problem, there is a trail through there.
Councilwoman Swarner: I'm not sure I can make that meeting.
Mayor Williams: I would ask Chairman Eldridge of the Harbor Commission,
Mr. Walkers, and Director McGillivray to be there.
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilwoman Monfor moved to pay the bills over $1,000, seconded by
Councilman Smalley
VOTE:
Motion passed with Unanimous Consent
2. Requisitions Exceeding ,1,000
MOTION:
Councilman Measles moved for approval, seconded by Councilman Smalley
VOTE:
Motion passed with Unanimous Consent
KENA►I CITY COUNCIL
October 4, 1989
Page 14
3. Ordinance 1342-89: Amending KMC Title 19 - Recreation Commission to
Parks & Recreat on Commission
Consent Agenda Item .
4. Games of Chance & Skill - Kenait a Indian Tribe IRA
Consent Agenda Item
Mayor Williams: We are passing all applications for Games of Chance and
Skill. From the tremendous amount of labor that the state is going -.to
involve themselves in, I take the position that we should stay away from
this issue until something is decided.
City Manager Brighton: In relationship to that, if you haven't read the
information about Games of Chance you should. The Borough's rules are
going to be more stringent than the State's are going to be. The Borough
is going to prohibit any operators from operating unless they are members
of the organization itself. Which means there will be no more pull tabs
in the grocery stores or bars.
The Borough is also wrestling with the question of charging a sales tax
on purchase of the pull tabs which is important because that is a
substantial amount of money. You will need to stay in touch with the
situation.
Mayor Williams: If you would note page 2 of Info 12, the second paragraph
details information concerning pull tab operations in bars on the
Peninsula. We cannot involve ourselves in any kind of policing matters
in this respect until the state moves ahead.
I. ADMINISTRATION REPORTS
1. Mayor
a) Regarding the caravans on FAA lands. We have discussed this before,
however, no policy has ever been set on a permanent basis. We need to look
at that from the standpoint that the bicentennial is hoping to utilize that
parcel on a permanent basis. Can we work with the Chamber of Commerce to
see that all major caravan groups locate to the.FAA grounds. How does
Council feel about it and how does FAA feel about it.
City Manager Brighton: What's happened in the past, if there were special .
circumstances that precluded the caravan from being located at the Chamber
building we had gone ahead and located them on the FAA grounds. Until such
time as the FAA wants to become involved, we probably ought to leave that
alone.
Mayor Williams: Can we develop a policy of sort, make that a permanent
application? City Manager .Brighton: I think that the more room to
maneuver, the better off you are. If you lock yourselves in to certain
places then you may preclude some activity from taking place. The way
we've approached it at .this point, is our water & sewer crews who really
KENAI CITY COUNCIL
October 4, 1989
page 15
take care of these caravans, see to it they get water at whatever location.
And I think you should leave it like it is and when the then reason we just move
comes that
we can no longer be at the Chamber cabin or some o
them over to the FAA.
Mayor Williams: Then I can tell the Chamber that
1 �d they
t pexmiseionland
with the caravans to feel free to contact City
rect* and that
park the caravans over there. City Manager Srig�h tit isr not understood
is not something new. Mayor Williams. It seems
clearly.
b Regarding the Helicopter Cold Water Recovery Schoolt the Senate. t is still in
In speaking
the preconference committee, it has been passed by ate
with the University Director, I indicated I worecaluld
we did meeting pass watresolution
a full packet of information. As YOU
setting aside the ground. In the engineering of the facility, it may
p out. The
require some other things that the City can do to
the 5 million facility
is being funded at $3.6 million which is less furnishing somehof the sand which we have
for. e hoped
It may require the Ythe foundation,
stockpiled from the float plane
tfacilithere y be a couple buildingofpother things. I
y for
building the road, and perhaps
may need some latitude in negotiating with the Universitythe entire some
Of those
things. I have suggested some space added to
moveoffice from Soldotna to that facility.
In order to complete that idea I
may have to offer something else. Does Council see a problem with that.
Councilman Smalley: Do the directors of Public Works or Airport see a
problem? Mayor Williams: In discussions with the
Finance
being built Director and
Director Kornelis, it is an airport related ac Y
ith
federal funds.
but you
City Manager Brighton: You are homefree with the University that goingeral cto oversee
are not with the State agency or the
it. We might be put in a position of having to subsidize nother federal agency
building. We don't have to pay anything if it
that is utilizing that real estate. Anyone else, we might have problems.
Mayor Will
iams: There may be something similar to what we doe with
o
Chamber such as subsidizing the rear tc the
of the FAA where xwe wind up
enter into a lease agreement si.mil
maintaining the building.
Councilwoman Swarner: What was the intendedr e of he s nd thwas as
stockpiled at the float plane basin. Dire
no
particular use for it. It was just excess sand using that we stockpiled.
it on ice Mayor
Councilwoman Swann r: Were that there is $155an
Williams answered t 000worth there.
Manager
Ernst: you are saying that there isn't going to be ut item wing
with
federal agencies building the federal project
of
iManager Brighton: To
to take FAA approval to put the problem on the basis
qualify my statement was that there wouldn't be any p
of who pays. It will not require paving.
.
KENAI CITY COUNCIL
October g, 1989
Page 16
Manager Ernst: I'm not sure how the FAA will look on the sand. If it is
a project that they approve and it is a federal project they may Well, sk
that we use the sand for the base. I don't know that, however, in the past
if we used it off -site we would have to pay for it.
Mayor Williams: In talking with the Finance Director and the Public Works'
Director, I indicated that after I meet with Dr. Oramus I'll have a better
idea of what we'll have to do. Then we will need to write a letter
detailing all of these things out for the FAA. Manager Ernst:
nd it
will have to be consistent with the Airport Master Plan or an approved
deviation. p
Councilman McComsey: How far do water & sewer go, to the end of the road?
Manager Ernst agreed. Mayor Williams: I think a potable well should be
more than sufficient to handle that facility. They will need their own
large well.
Councilman Measles: Is the sewer getting awfully shallow at that point.
City Manager Brighton: If we go in with sewer you're going to have to put
in another lift station. Director Kornelis: We have a lift station out
by the tower. Councilman Measles: Is that set deep enough that it could
be extended out and still serve it. Director Kornelis: I doubt it because
the water table is real high there.Williams:g Mayor Willi. There are a couple
of engineering concerns, one is to get the
pool Out of the ground
other one is a mounted septic type systems and third, he c p ilid the
of
dumping a million gallons of water into what turns into Ryan's
will help to flush it. Creek which
Councilman McComsey: Could you dump that water into the creek if it's
chlorinated. They will probably make you run it through the system.
c) Mayor Williams will be traveling to the Alaska Conference of Mayors
October 5th. He will be meeting with Ashley Reed in the morning. The
Mayors meeting will be regarding the release of the $600,000 for the socio-
economic study. It is CNRA money and it regards the economic of communities affected by the oil spill. impact study
d) Regarding the resolution for the
Island Borough has accepted that responsibilityhrough money, the Kodiak
e) Student representatives for commissions and committee •
a subcommittee to handle that. Councilman Smalleyreporteds, I assigned
spoken with department heads and social studies teachers and they felt that
students should be encouraged to come to meetings, pick u the
stay for a certain amount of time to p Packets,.
works instead of sending a specific student o representativehow city T e reason
is, the more students that have the opportunity t
be. o come the better it will
Councilwoman Swarner and Councilman Smalley are the committee and will
continue to work with the two commissions.
.'�•� sir"�
KENAI CITY COUNCIL
October 4, 1989
Page 17
f ) Several persons visited with the Governor and there was an indication
from him that he would appreciate as much support as possible for his
Education Endowment Fund. How do you feel about preparing a resolution
along those lines. Council agreed. Administration to work with Mayor
Williams in drafting the resolution in support of the Governore
Constitutional Amendment Creating an Educational R,laiflAent Fund.
City Manager Brighton: How much money and what is the end result. Mayor
Williams answered, eventually around $lb billion. Councilwoman Monfor
There is a pamphlet for more information.
g) This Education Endowment Fund and the hoped for. Constitutional
Amendment has passed the House on a vote of 31 - 8 and requires a 2/3 vote
of the House. It goes to the Senate and work should be done this spring.
h) Regarding landfill. In discussions with Borough representatives it
was suggested that the City produce a resolution requesting the Kenai
Peninsula Borough furnish us with a landfill of our own. Leading to
perhaps leasing sitings for containers and locating a transfer site. We
are not going to get a transfer site unless we take some positive steps
and it seems to me we need to develop a resolution voicing our opinion
directly to the entire Assembly.
City Manager Brighton: We're in a real box. The Council hammered for
three or four years to close this landfill, they got an extension on that
landfill and we objected to the extension after they had gotten it. I've
had some conversation with the Borough Mayor and he doesn't care whether
we retain this one over here or not, because it would be like starting out
new. He has to get a brand new permit and he has to line this one out here
as he will have to line any new one. However, as soon as we sal we want
them to furnish us some way to dispose of our waste, then the Assembly is
going to come back to us and say the reason they're closing it down because
we have leaned on them for four years to close that down. We are not in
a very good negotiating position to take that approach.
Mayor Williams: However, in our agreement in our letter that was developed
with them, there was to be a transfer site. City Manager Brighton: There
was no agreement for a transfer site. There was an allusion to the
possibility of a transfer site. That's a lot different than a pre-
arranged agreement. City Clerk to provide the letter for further
discussion.
i) I have another grant application from the Land and Water Resource
Commission. If you recall the 50/50 grant we helped the Chamber develop
of which we have not yet gotten the survey out. Director Kornelis: we
are still working on it. Mayor Williams: The question is whether or not
we want to take advantage of the L&WR grant program. The application and
letter of intent must be in by October 18th. One area that I might
suggest; we were looking at some kind of grant to put a viewing platform
out on the bluff overlooking the mouth of the river. I would like
direction from Council.
0
I
KENAI CITY COUNCIL
October 4, 1989
Page 18
Councilwoman Monfor: Just by entering into, we don't even know if we'll
get it. Mayor Williams: No, you take your application in and they take
it before the Committee and we compete against the entire state. We'did
get a $900000 grant last time for the Chamber boardwalk.
Councilwoman Monfor: I think we should at least try for it. Is there any
reason why we shouldn't. Except the fact that if we get it we have to put
some money in. Mayor Williams: We would have to put up $90,000.
City Manager Brighton: If you're talking about a viewing stand you have
to identify the location of the site, and if you are not the owner of the
site, then you have to prove ownership of the site .. it's not so simple
as asking for $100,000. They want to know what the project is, if you own
the real estate, and who the benefactors are going to be. We don't have
any real estate at the mouth of the river where we could build a viewing
stand that would be advantageous to people who want to watch the belugas
come up the river.
Mayor Williams: How did we wind up with the set of drawings for the
viewing station that we got $90,000 for last year. Councilwoman Monfor:
We determined that from the study we had done a number of years ago when
the landscaping architect came up and developed the Old Towne plan. Mayor
Williams: Was there any consideration given to land ownership.
Councilwoman Monfor: Of course not, we weren't worried about that.
Mayor Williams: Councilwoman Swarner, will you look into the donation of
land in that area. Councilwoman Swarner: My name, I don't believe is on
that list. If you would like to contact the parties involved, go for it.
Councilwoman Monfor: We've got land. The Daubenspeck land. We can
rethink our lookout spot. Over near the Senior Center. Mayor Williams:
All right, we do have a location. Mayor Williams asked Director Kornelis
to get together a letter of intent by October 18th.
j) My final request is to consider some work sessions to finalize the
Capital Improvements List and to plot the direction for the future
including everything within the city.
Councilwoman Monfor: We do need to talk about this list. I would like
to see us wait, this year, just until after the October forecast comes out.
Then we don't have to redo it. Mayor Williams: The Governor indicated
he would have a handle on the, money about the middle of October. If I read
between the lines he suggests that we be in touch with our legislative
friends and him as close to that forecast as possible.
Councilwoman Monfor: I will not be available from October 17th to October
30th.
mayor Williams: As soon as we find out what the forecast is going to be,
would Council have any objection to me or the Clerk getting on the phone
and calling a meeting? Council agreed.
1 4-
KENAI CITY COUNCIL
October 4, 1959
Page 19
2. City Ma_ alter
None
3. City Attorney
None
4. City Clerk
None
5. Finance Director
The budget is in the packet.
6. Public Works
a) Lawton Drive is paved. VIP is paved, and they've started the curb
on Fathom and Toyon. We are having some problems with scheduling on the
Airport jobs. The gym floor should be completed soon, the racquetball
court floors are completed. We have started on the sewer treatment plant
sludge pumping station, we poured the foundation today. Two DEC grant
applications are in which are for Thompson Park and sewer treatment plant.
is7. Airport Manager
None
J. DISCUSSION
1. Citizens
None
2. Council
a) Councilwoman Swarner: Today I passed out some information regrading
evaluations for city attorney and city manager for the Juneau Borough.
I received them the other day. I would like to see something scheduled for
evaluations soon.
b) Councilman McComsey: I received word today from Coastal Zone
Management that the application for the fire ground is complete. They have
a few exceptions for the university which I think are acceptable. They.
are faxing them down to me tomorrow and I will pass it along to
Representative Navarre. All the other organizations should probably go
along with CZM.
It has been a good three years.
c) Councilman Smalley: This problem has been brought up before, but
wouldn't it be nice to bring the rail from Moose Pass to Kenai, make a loop
0
KENAI CITY COUNCIL
October 4, 1989
Page 20
and open up our port, increase our tourism,, and it would only run 52.miles
of rail. it has some pretty nice possibilities.
Mayor Williams will write Punk Turpin a letter, regarding the utter.
d) Councilman Smalley: The dart has. been removed from ,the high school.
K. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:10 P.M.
Janet Ruotsala, CNC
City Clerk
J400
anet Loper
Transcribing Secretary
n
APPROvo By COUNCIL
OAfi COY CL�IK