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HomeMy WebLinkAbout1998-04-01 Council Minutes• • • AGENDA IMAI CITY COUNCIL - REGULAR MEN APRIL 1,1998 7:00 P.M. KENAI CITY COUNCIL CHAMBPAtS http://www.NoW.not/city A. ALL TO_QItDR 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 8. BCiD&ED=LIC COMMENT (10 Minutes) 1. Robin Nyce - KCHS Cross -Country Ski Team and Booster Club/Cross- Country Ski Course. 2. Snzaaae Little - Boys & Girls Club/Use of Recreation Center Gymnasium. C. C 1W_ARINC8 1: Ordinsnce No:1776-98 - Replacing KMC 12.20.010 ("Expectorating on Streets and Sidewalks") With- New Wording Described as "-Deposit of Refuse." 2. Ordinance No. 1777-98 - Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. 3. Ordinance No. 1778-96 - Including the Newly Created Position of Public Works Manager as. One of the Positions Exempted.From the Fair Labor Standards Management Act. -1- E. 4. Resolution No. 98-14 - Transferring $2,975 From General Fund Contingency to Purchase Furnishings for the New Animal Control Shelter, 5. Resolution No. 98-15 - Supporting Senate Bill 263, An Act Relating to Secondary Roads, and Senate Bill 264, An Act Relating to Municipal Road Maintenance. 6. Resolution No. 98-16 - Authorizing the Purchase of an Elgin Sweeper With Equipment Replacement Fund Assets. 7. Resolution No. 98-17 - Awarding the Bid for a 1500-Gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc., for a Total Amount of $291,530. 8. Resolution No. 98-18 - Awarding the bid for a 1500-OPM Class A Pumper to United Fire Service, Inc. for a Total Amount of $275,356. 9. Resolution No. 98-19 - Requesting the U.S. Army Corps of Engineers to Immediately Reissue Those Nationwide Permits That Were Excluded From the Kenai River Comprehensive Management Plan Boundaries in SPN 97-02. 10. Resolution No. 98-20 - Transferring $5,500 in the General Fund for Buildings Operating and Repair Supplies. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks & Recreation Commission - 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report 1. *Regular Meeting of March 18, 1998. F. CORRES-PONDRNCE D. 11TNW SU81NF,8B 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1779-98 - Amending KMC 14.20.150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine -Month Period. 4. Discussion - Lease Requirements for Commuters - Insurance 5. Discussion - Softball Tournaments - Tent Camping 6. Discussion - Scheduling Board of Adjustment Hearing in the Matter of Appeal of Planning & Zoning Commission Action/Conditional Use Permit/Lots 6 & 7, Papa Joe's Subdivision - Vesta Leigh and Jo -An Buzzell, Appellants. 0 FA_w9UT= 8ESSION - None Scheduled. I. ADMIN18T11ATIQN_RFJ9_= 1. Mayor 2. City Manager 3. Attorney 4. City Clerk S. Finance Director 6. Public Works Director 7. Airport Manager J. Is 1- Citizens (five minutes) 2. Council _;_ � • i mil, , M : L -3- r KENAI CITY COUNCIL - REGULAR MEB�TINt1r APRIL 1, 1998 7:00 P.M. KENAI CITY. COITNC� CHAl �3 hftp://www.Ronai.not/city Vice Mayor H. Raymond Measles, Presiding Vice Mayor Measles called the meeting to order at approximately 7:00 pan. in the Council Chambers in the Kenai City Hall Building. Vice Mayor Measles led those assembled in the Pledge of Allegiance. A-z. Roll was taken by the City Clerk. Present were: Swarner, Moore, Measles, Bannock, and Bookey. Absent were Williams and Smalley. Vice Mayor Measles requested the following changes to the agenda: ADD AS: 84, Paul Dale - Kenai Visitors and Cultural Center REMOVE; B.S. Discussion •• Softball Tournaments - Tent Camping Measles noted there were no other changes to the agenda and the agenda would stan as approve . Vice Mayor Measles requested the following change to the Consent Agenda: CORRECTION: Z-1, Minutes of 3/16/98 meeting - At page 17, Item H-8,' Schedule Budget Work Sessions, add as second budget work session, April 22, 1998, 7, p.=..at the Senior Center. MOTION: Councilman Bookey MOVED for approval of the consent agenda with the amendment to the March 18 minutes (as stated) and Councilman Bannock BECONDBD the motion. 'there were no objections. 80 ORnBRED. • . KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 2 T B• 1CSEDULED PUBLIC COGENT B-1. Robin Nyae - KCHS Cross -Country Ski Team and Booster Club/Cross- Country Ski Course. Jessie Banaison introduced members of the KCHS Cross -Country Ski Team. Members thanked the City Council and Parks & Recreation Director Bob Frates for supporting the grooming of the cross-country ski trails. It was also mentioned the KCHS hosted the All -Borough Cross -Country Ski Meet and all participants appreciated the trail and its grooming. Stephanie Kind - Introduced herself as the cross-country ski team coach. Kind reiterated the city's efforts were appreciated by the team skiers as well as other skiers from the community. She also mentioned, the school hosted both the Borough meet and the Kenai Classic. She reported, both events were well -received and popular. She added, the cross-country program is growing and they expect more students involved next year. 0 Council were presented with team t-shirts. B-2. Suzanne Little - Boys & Girls Club/Use of Recreation Center Gymnasium. Little referred to the letter included in the packet in which she requested free use of the Recreation Center gymnasium. She explained, the Boys & Girls Club indoor soccer program was very popular and the extra space is needed to hold soccer games on Saturday April 18 and 25 and May 2, and 9. It was noted, the games would be held in the morning when the games would not conflict with other Center users.. _ Little also noted, the city had donated the use of the facility during last season as well. MOTION: Councilman Moore MOVED to approve the use of the facility by the Boys & Girls Club as worked out with Parks & Recreation Director Frates. Councilman Bannock SECONDED the motion. Moore asked Little if the Boys & Girls Club would use the proposed multi -use facility if it had a high ceiling. Little answered yes and added, their program has had a 20% growth each year. They are looking at ways to continue their programs and continue their expansion at the same time. She added, they are always open to options and other possibilities in the community. . KENAI CITY COUNCIL MEETING MINUTES APRII. 1, 1998 PAGE 3 VOTE: There were no objections. 60 ORDERED. B-3. Paul Dale - Kenai Visitors & Cultural Center Dale noted, his son is a member of the KCHS cross-country ski team and he, as well as their family also appreciate the city's efforts in grooming the ski trails. Dale explained, lie wanted to speak to the council in regard to the controversial letter the KVCC wrote to the Board of Fisheries about salmon allocation. Since that letter, the commercial fish industry and the KVCC have corresponded in response to the letter to the Board of Fisheries. Dale added, he attended the KVCC's last board meeting to convey his industry's concerns regarding that letter. During his presentation, he made three recommendations he believed KVCC could adopt to put the matter to rest. Dale noted his industry's concerns included a difference of opinion as to what extent • the KVCC board represents the City of Kenai versus the interests of KVCC, Inc. He has since learned they are not an agency of the city, but contract with the city. He added, since the city aids in the funding of the KVCC and because the building is situated in the middle of Kenai, the public perceives a connection between the city and the facility and its operations. Dale noted, he believed the president of the Board of Fisheries was speaking about Kenai and the KVCC letter when he commented the Board felt they were getting mixed signals from different areas. Dale stated, he felt some distinction should be made between the KVCC and the city, as well as_ the KVCC needing to exercise some restraint in their comments. As_a member of the commercial fishing industry, he stated he felt a distinction between the KVCC and its role in speaking for the city should be formalized so a similar problem doesn't arise. Dale noted another concern of the industry is the matter of the KVCC Board holding closed meetings. Because the facility is a city building, he felt the meetings should be open and the city may want to consider changing the KVCC policy. Dale noted also, he felt the KVCC was a well -managed and run organization, which is situated in a beautiful building. He feels it is a responsibility of the KVCC to represent a broader interest of the city. Councilwoman Swarner asked City Attorney Graves if the KVCC meetings should be open. Graves explained, he had not checked the by-laws of the KVCC, but did review the Open Meetings Act. He noted, because the KVCC contracts with the city, it does • KENAI CITY COUNCIL MEETING MINUTE3 APRIL 1, 1998 PAGE 4 not make them subject to the Open Meetings Act. Swarner- asked Graves to review the organization's bylaws and report back to council during their next meeting. Councilman Moore stated he concurred with Dale's comments and will be making sure they are addressed in the city in dealing with the XV CC. C-1. Ordinance No. 1776-98 - Replacing KMC 12.20.010 ("Expectorating on Streets and Sidewalks") With New Wording Described as "Deposit of Refuse." MOTION: Councilman Bookey MOVED for approval of Ordinance No. 1776-98 and Councilwoman Swarner SECONDED the motion. • There were no public comments. Swarner referred to the second page in which the ordinance referred to "offal." Attorney Graves explained, offal refers to fish entrails and wanted to be as broad as possible with the wording in regard to garbage left on the beach. VOTE.. Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Absent Williams: Absent Bookey: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1777-98 - Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to Include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1777-98 and Councilman Bookey SECONDED the motion. There were no public comments. Councilman Bannock asked if the adjusted rate included in the ordinance would ensure the hiring of a new airport manager in the very near future. City Manager Ross answered, upon passage of the ordinance, he . KENAI CITY COUNCIL MEETING MINUTES APRiL 1, 1998 PAGE 5 intends to begin advertising the position again and believes the new rate is competitive. Bannock asked if the pay rate had been higher before, would one of the last applicants have taken the job. Ross answered, yes, however he believed he would have had to negotiate up to a C or D step in the range (which is allowed by code). VOTE: $warner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Absent Williams: Absent Bookey: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1778-98 - Including the Newly Created Position of Public Works Manager as One of the Positions Exempted From the Fair Labor Standards Management Act. MOTION: Councilman Moore MOVED for the adoption of Ordinance No. 1778-98 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Swarner: Yes Moore: Yes Measles: Yes - - Bannock: Yes Smalley: Absent Williams: Absent Bookey: Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 98-14 - Transferring $2,975 From General Fund Contingency to Purchase Furnishings for the New Animal Control Shelter. .NOTION: Councilman Bookey MOVED for approval of Resolution No. 98-14 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. z • KENAI CITY COUNCIL MEETING MINUTES APR1L 1, 199$ PAGE 6 VOTE: There were no objections to unanimous consent. 60 ORDERED. C.S. Resolution No. 98-15 - Supporting Senate Bill 263, An Act Relating to Secondary Roads, and Senate Bill 264, An Act Relating to Municipal Road Maintenance. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 98-15 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no public comments. It was noted, the existing funding level is $750 per mile. VOTE: There were no objections. 80 ORDERED. C-6. Resolution No. 98-16 - Authorizing the Purchase of an Elgin Sweeper With Equipment Replacement Fund Assets. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-16 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS -CONSENT. There were no public comments. Ross explained, the Airport Land System currently owns the Elgin Sweeper, however it is primarily a parking lot sweeper and has been used only a small amount of time over the last few years at the airport. If the general Fund purchases the sweeper, it can be used off the airport (but used to clean the airport parking lots as well). VOTE: There were no objections. SO ORDERED. C-7. Resolution No. 98-.17 - Awarding the Bid for a 1500-gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc., for a Total Amount of $291,530. 0 KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 7 MOTION: Councilman Bookey MOVED for approval of Resolution No. 98-17 and Councilwoman SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Bookey questioned what the scheduled delivery date for the vehicle is. Fire Chief Elson answered, 180 days from the contractor's signing of the purchase agreement. VOTE: There were no objections. SO ORDERED. C-8. Resolution No. 98-18 - Awarding the bid for a 1500-GPM Class A Pumper to United Fire Service, Inc. for a Total Amount of $275,356. MOTION: i Councilman Moore MOVED for approval of Resolution No. 98-18 and requested PP q UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no public comments. Swarner asked if both pieces of equipment were on the top of the equipment list and included in the budget. Answer was yes. VOTE: There were no objections. SO ORDERED. C-9. Resolution No. 98-19 - Requesting the U.S. Army Corps of Engineers to Immediately Reissue Those Nationwide Permits That Were Excluded From the Kenai River Comprehensive Management Plan Boundaries in SPN 97-02. MOTION: Councilman Bookey MOVED for approval of Resolution No. 98-19 and Councilman Moore SECONDED the motion. There were no public comments. Ross explained approximately two weeks ago, it was learned the nationwide permits (obtained under limited conditions for limited intrusions in wetlands work) had been revoked within the Kenai River Management Plan area. It was done with no public input and caught all the utility companies by surprise (they use this permit for line installations). He noted PTI had brought his . KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 8 attention to the matter when they thought they had all the permits needed to place an optic cable across the river flats, and were notified they would be cited because they didn't have the permit. Also, the Kenai River Center Was- caaght by surprise-. Ross continued, the Corps of Engineers abolished the permits for this area.. The reasoning for the abolishment was not entirely known, however it was thought it was due to all the conditions agencies wanted to place oa the permitting system. The abolishment of this permit affects all the utility companies, the city, single residence homeowners and those developing a single -homeowner site. Ross added, without the permitting system, any intrusion into wetlands will require an environmental impact (in some cases), a 60-day notice period and 90-day comment period. Utility work to residences, etc. could be delayed five or six months without the permit with the probability a construction season will be missed. Ross explained, the utility companies are behind the resolution and assisted with some of the language. Immediate relief is needed for this year. Bookey noted this was a very important issue and asked if a copy of the resolution will be forwarded to the congressional delegation, Corps of Engineers, state delegation, etc. Ross answered, yes. Moore suggested a copy also be forwarded to the KRSMA board. Bookey noted, the problem may continue for a year or more and asked what can be done. Ross answered, he believed there would be intervention by the congressional delegation and thinks the Corps will modify its position. He noted, the resolution is requesting re -issuance of the permits and then, if they need to be conditioned, do so after public hearing of the local area of the affected people. He added, he believes there will be some effort to condition the permits before they are reissued and feels that would be the wrong way to approach the problem. Moore asked if there was concern about burials in cemeteries. Ross answered, graves may be opened without the permit. C-10. Resolution No. 98-20 - Transferring $5,500 in the General Fund for Buildings Operating and Repair Supplies. MOTION: Councilman Bannock MOVED for approval of Resolution No. 98-20 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. City Engineer La Shot explained, there were no unexpected costs that came up. This portion of the budget was overrun mostly due to • KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 9 more supplies purchased because two people were doing maintenance repairs, etc. More maintenance repairs have been done in-house instead of being contracted out. La Shot added, this portion of the budget was increased for next year. VOTE: There were no objections. 60 O1D&rRgCD0 ME D: CO @A1011TL=W1TTEE REPORTS D-1. Council on Aglag Swarner reported the annual meeting was held on Monday at which Sam Huddleston was elected Chair and Betty Nelson was elected Vice -Chair. The council also discussed security concerns at the housing facility. They will be discussing the matter with tenants and then at their next meeting. . D-2. Airport Commission Measles reported the minutes of the March 12 meeting were included in the packet. The Commission will meet again on Thursday, April 9. D-3. Harbor Commission Bookey reported the Commission meet again on April 13. He reminded council the Commission was still two members short and if they knew of interested citizens to be placed on the Commission to encourage them to complete an application. D-4. Library Commission Moore reported the next meeting of the Commission is scheduled for April 7. He reminded council the library will be open on Sundays in April, except Easter Sunday. D-5. Parks & Recroation Commission Bannock reported the Commission would meet April 2. He also reported a request had been made by the KCHS After -Graduation Committee to use the Center (free of charge) from 11:00 p.m. to 5:00 a.m. on May 20, 1998. r� KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 10 MOTION: Councilwoman Swarner MOVED for approval of the KCHS Committee's request and Councilman Bannock SECONDED After -Graduation no objections. 80 ORDERED. the motion. There were D-6. Planning 6 Zoning Coatmission Councilman Bannock reported he attended the last p&Z Co Councilman Smalley. During the meeting, he reported, theremnussion meeting for hearings, held over from their previous meeting, were two public approved. g, for sign variance permits, Both were Bannock also reported a conditional use permit application was approved for a professional building on the same Propertyfor Hugh t Joe Chumley application (turned down by p&Z, appealed to council anas was their last t` a; noted there had been a motion to table, but did not receive a secoroved). Bannock nd. Bannock noted a bed and breakfast permit was transferred a of home occupation permits was discussed and the Co swell' Also, a discussion memorandum included in their packets from the city attorney.io Irr�eviewed a the attorney opined the city's code refers to a permit as a verb a memorandum, any action by council or commission. There was some debate and does not require asked that a home occupation permit be approved or disapproved the Commission like a conditional use permit, etc. , Reasons for having the Co ed by the Commission approve/disapprove the permits gives knowledge as to whatomo'ission doing what and where, as well as for sales tax purposes. Commissionerg � °n and who s Quade suggested these permits be occupancy based, i.e. theermitwould a person at a location, unlike a conditional u9e permit whichisw°uld be granted location regardless of how may people may be tied to that spot. o granted to a . What the Commission would like to see is a home occupation Person at a location. If the person moves from that location, the tin issued to a The new occupant of that location would have to reapply for p dissolves. Person has a permit for one location and moves, the permit Quid nt' �sO� a move with the person. Tvvo items for a home occupation permit wouldnecessarily a constant -the person applying for the permit and the location of the have to remain permit. D-7. Miscellaneous Commissions and Committees D-7a. Beautifitcation Committee Swarner reported the next meeting of the Committee was scheduled for April 14. • KENAI CITY COUAICA. MEETING MINUTES APRIL 1, 1998 PAGE 11 D-7b. Historic District Board Moore reported the Board would meet next on April 20. Mike Huhndorf, Chair of the Board reported to council the Board had developed a walking tour brochure which will be distributed through the KVCC. He added, the KVCC had included $600 in their budget to fund the printing of a walking tour brochure. Cost. estimates from one printing shop in town was $732.49 for .500 brochures, including 12 pages, pictures, folded and stapled; $955.30 for 1,000 brochures; $1,178.14 for 1,500 brochures. Huhndorf requested council to fund the remaining amount over the $600 to be paid by the KVCC or match the $600. It was also noted, the KVCC had already included an advertisement in the Milepost which states a walking tour (with brochure) will be available. Huhndorf invited council to attend the first walking tour to take place on May 9 during Preservation' Week. Huhndorf also gave a copy of the proposed walking tour information to the Clerk. During the discussion that followed, it was suggested the 12-page brochure be lessened to a smaller amount of information or a $1.00 charge be made for the brochure (while a shortened information page be distributed for free). There was . concern stated that if the 12-page brochure were distributed for free, there wouldn't be enough printed to last the length of the summer. Huhndorf agreed selling the lengthier brochure was a good idea. Bookey stated he would prefer to discuss the matter during a budget work session and consider placing the amounts in the budget for FY98-99. Swarner agreed, but suggested the cost of the 12-page brochure be set at $2.00 or more to cover the overhead as well. Ross noted, funding for most of the commissions and -committees -is through the - - - - Legislative budget. Moore asked if there were funds in the Legislative budget to cover the remaining cost of the budget. Finance Director Semmens reviewed the amounts in the Legislative budget. It was noted also, the cost of the city/ chamber brochure was less than appropriated. MOTION: Councilman Moore MOVLD to fund the Historic District Board, along with the KVCC for $132.49 to match the $600 for 50012-page brochures to come from the Legislative Budget. Councilman Bannock SECONDED the motion. Swarner stated she would like to see a written report of how much is left in the Legislative budget before voting and what amount will be charged for the brochure. Ross noted an administrative transfer could be made to cover the $132.49 if necessary. • KENA1 CITY COUNCIL MEETING MINUTES APRIL 1, 199$ PAGE 12 Moore stated he wanted to amend his motion to allow for a transfer if necessary. Bannock had no objections. Bookey restated his suggestion the decision be held until the budget work session and would not support the motion at this time. Swarner stated she agreed with Bookey and added, she approved of the concept, but felt more information was needed. Huhndorf asked what they will do for the walking tour as the tours will begin before funds for the new budget willbe available. Bookey suggested two programs be produced -- a two or three -fold brochure for no cost and the 12-page brochure at a small cost. MOTIOIg: Councilwoman Swarner MOVED to table the motion. Councilman Moore SECONDED the motion. VOTE: Swarner: Yes Moore: Yes Measles: No Bannock: No Smalley: Absent Williams: Absent Bookey: No MOTION FAMMO Bannock stated he felt the council had 'an opportunity to spend $134 to see if the - - walking program will be successful. He_ added, he felt 500 brochures_ would be. too- few. However, $134.00 will support the program and he requested council to do that. If the brochures are all sold, council could review the matter again. VOTE: Swarner: Fool Moore: Yes Measles: Yes Bannock: Yes Smallev: Absent Williams: Absent Bookey: No MOTION F . D-76. CWffiengeir Board Bannock reported Challenger held two fund raisers at which they raised $67,000 in cash and in -kind contributions. Also, the Board signed a contract with Challenger of • KENAi CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 13 Virginia at their last board meeting which commits theta to a $50,000 down payment on a $700,000 Challenger pre -fabricated unit. There was some debate as to the specifics of the contract, but it appears they are in count down as there is a time lino in the contract for the building of the facility. Bannock also reported there was a brief discussion of the proposal offered by Ross in regard to the Challenger's ownership of the facility and components. He noted the Board felt they were not ready to take a position on the proposal at this time. Bannock asked the matter be included on the April 15 meeting agenda to discuss it further. There were no objections. D-7d. Kenai Visitors & Convention Bureau Board Bookey reported the next board meeting was scheduled for April 15. D-7e. Alaska Municipal League Report - No report. • BREAK TAISBdt: 8:07 P.M. BACK TO ORDER: 8:20 P.B. ITEM E: Regular Meeting of March 18, 1998. Approved by consent agenda. am CORRESPONDENCE - None. R-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED for approval of the bills to be paid, bills to be ratified.. Councilman Moore SECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 14 Purchase Orden Exceeding $3,500 MOTION: Councilman Bookey MOVED for approval of the purchase orders exceeding $2,500 and Councilwoman Swarner BEOONDED the motion. There were no objections. SO ORDERED. H-3. No. 1779-98 - Amending KMC 14.20.150 to Prevent the Satre or Substantially Similar Condition: Use Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine -Month Period. Introduced by consent agenda. H-4. Discussion - Lease Requirements for Commuters — Insurance Ross explained, the airline commuter leases would be coning up for renewal and it has been learned that the $1 million/ seat coverage for commuters is not readily available in Alaska and where available, the price is prohibitive. He noted Anchorage required coverage of $50,000 and Juneau is raising theirs. Ross noted, administration was asking to amend the leases to include per seat coverage as is required by the federal government which is based on a formula on the size of the aircraft ($300,000 per seat). Ross referred to the memorandum included in the packet from Acting Airport Manager Keith Holland which outlines the - requirements. He added, administration wants to -change frrom the $1 maillitiri/seat coverage (which some .of the airlines cannot meet) to the minimum. federal guidelines. - Moore asked if Ross meant that if an airline has an accident and it is found to be their fault, the remaining family would only receive $300,000 maximum. Ross answered yes, unless the passenger carries personal flight insurance. He added, if the insurance requirement is not changed,. it would put. some of the airlines out of business and reiterated, the $1 million coverage is very hard to get in Alaska and neither Juneau or Anchorage require that amount of coverage. Juneau is considering raising their requirement to $500,000. Kenai is the only airport in Alaska requiring ng $1 million/seat coverage. • KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 15 Attorney Graves explained, ERA does meet the present requirement, but smaller carriers cannot do it. He added, he didn't think the city was being put at liability by requiring the federal minimum because it would be complying with federal law. In response to Moore's earlier question, Graves stated if there was an accident, and the amount of coverage is limited to $300,000/seat, an award of $300,000 would be made. However, additional award might be made if the company holds other assets that can be received through judgment. Ross noted, administration is requesting the change be stated as $300,000 per seat or the level required by federal law. MOTION: Councilman Bannock MOVED to change the policy and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. H-5. Discussion - Softball Tournaments - Tent Camping i Postponed to April 15 meeting. H-6. Discussion - Scheduling Board of Adjustment Hearing in the Matter of Appeal of Planning & Zoning Commission Action/Conditional Use Permit/Lots 6 8s 7, Papa Joe's Subdivision - Vesta Leigh and Jo -An Buzzell, Appellants. Measles noted, the hearing must be set within 30 days of the appeal and the only regularcouncil meeting before the end of the 30-day period is April 15. He asked council if they wanted to set the hearing for the meeting or set a special meeting. MOTION: Councilman Bookey MOVED to set the hearing for 7:00 p.m. on April 15, 19989 immediately prior to the regular council meeting. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Measles noted a letter had been placed on the table from Jo An Buzzell and would be included in the appeal board packet for the April 15 meeting. Ms. Buzzell brought an additional letter forward and requested it be included in the packet as well. 0 EXECUTIVE SESSION - None Scheduled. • KENAI CITY COUNCIL MEETING MINUTES APRIL 1, 1998 PAGE 16 A_ VJ T1ITRAT" REFORTB Mayor • No report. 1-2. City Manager Ross requested, with concurrence of Councilman Bannock, the Challenger issue be placed on the May 6 meeting agenda instead of April 15. There were no objections. 1-3. Attorney Attorney Graves reported he would not be attending the May 20 meeting as he would be attending a seminar in San Diego. He will be available by phone if needed. There were no objections from council. 1-4. City Clerk Clerk Freas noted she would'be in Anchorage on Thursday and Friday, however would be available by phone if necessary. Freas noted a memorandum had been placed on the table informing council they had been invited to attend a short visit with Senator Murkowski on April 8 at the KVCC at 1:30 p.m. Freas referred to the memorandum included in the packet in regard to the annual volunteer reception and asked if council wanted to hold the reception at the KVCC on the April 20 or 21, and if council wanted a listof volunteers be included in an advertisement for the newspaper as has been done in the -last few years. - - Council had no objections to placing the advertisement and decided on April 21 as the date for the reception. 1-8. Finance Director Finance Director Semmens reported the draft budgets were ready and available. I-6. Public Works Director Kornelis reported he had good news in regard to the water quality of the city's three well houses. He explained, EPA had been pressuring DEC to determine .which wells in Alaska have groundwater under the influence of surface water." Initial items of concern are water color; water having high turbidity; and water fluctuates seasonally. The city's wells have all three. . KENAI CITY COUNCIL MEETING} MINUTES APRIL 1, 1998 PAGE 17 Since a positive determination would result in multi -million dollar water treatment plants and additional operations, the city took a proactive position and took its own tests instead of waiting for one and one-half to two years for DEC to do it. Three samples were tested for microscopic particulate analysis. Findings were that the cty's water had, the lowest factor for which the water can be tested. All three wells were classified as low risk for surface water infiltration. Forest Drive/Redoubt Avenue - Kornelis reported the State held a neighborhood meeting on March 26. DOT engineers from Juneau and Anchorage were available to answer questions and review drawings of the proposed improvements. Kornelis added, there were many continents and a list of items had been developed for DOT to consider. Kornelis noted, he had a copy of the pre -design drawings for council to review, pointing out some of the drawings were hanging on the wall for review as well. Bookey stated he attended the meeting and talked with DOT representatives. He noted, hf, has major concerns about the development of the road. The present design will lower .the level of the road three or four inches and he suggests the level be lowered by 16" which he feels will be safer and more economical, as well as lowering the approaches from side streets. Bookey requested administration to be more involved in the design and believes lowering the level needs some exploration, finding out why the State does not want to lower the road. Bookey stated he is also concerned about the placement of storm drains for this project: ire explained, DOT is recommending running storm drains down Second Avenue and -off the end of Redoubt. -In discussions with -DOT and looking at the _ drawings, DOT indicated they felt there would be no problem in taking the runoff and dropping it into the creek. Bookey told them the creek is fish -bearing and didn't think DEC or Alaska Department of Fish & Game would allow it. Bookey stated, he wanted the city to be very cautious going into this type of situation because maintenance will be the city's responsibility and the city's problem with DEC and EPA as well. Because it will be the city's project in the end, he felt the city should have a lot of input as to how the project should be done. He asked administration be very. involved in how the project is done so the city will have no problem with it for the next 15 to 20 years. Vice Mayor Measles noted another issue along Redoubt Avenue, where there is to be a separate sidewalk and bike path, is that DOT does not plan to excavate any clay material from that area. Measles added, if that is done, the paths will soon look like • KENAI CITY COUNCIL MEETING MINUTES APR1L 1, 1998 PAGE 18 the present bike path along .Forest Drive. Measles stated, he agrees with Bookey that the storm drain is an issue requiring a lot of caution by the city. 1.7. Airport Manager Holland had no report. Swarner stated she received some comments that the plants throughout the airport were not looking very healthy. Holland stated, the contractor usually takes good care of the plants and all look good at this time: J-1. Citizens - None. • J-2. Council Bookey - No report. Swarner - No report. Moore - Asked if there had been an update to when a work session will be held in regard to dip net fishing. Rose. answered, the staff report, as to its capabilities, has been completed. He will be meeting with Dave Nelson from Fish & Game in the next two weeks to discuss how to continue and what they will be able to do. Council will be discussing the matter during review of the Parks & Recreation or Police - Department budgets and a written report will be forwarded to council before the middle of April. Bannock - Bannock referred to Item H-3, Ordinance 1779-98 and requested a copy of the ordinance be included in- the Planning & Zooming Commission's packet as an informational item for -their review at their April 8 meeting. Bannock also referred to his comments made at the March '25 Planning & Zoning Commission in regard to the conditional use permit application of Hugh & Joe Chumley. Bannock explained he attended the meeting for Councilman Smalley, but had intended to speak to the Commission in regard to his position he. took with the majority in regard to the denial of the .Chumley conditional use permit appeal. Bannock noted, it didn't seem to be consistent with his character to take that position, but wanted. to point out why he took the position.. Bannock stated, when the attorney called him and the vote was, at that time, four to zero against it, there were several long-term, long -ranging effects of that particular appeal that he felt superceded the particular issue at hand. That. was exactly why he supported it. As he hears from people and because of the fact he was out of character he felt it needed to addressed. He asked permission.from the Commission Chair who granted the • xENnz crier couxcn MEETING MirroTEs APxu, i, ins PAGE 19 permission which was concurred to by the Commission members that he had their permission to speak to the Commission. The meeting adjourned at approximately 8:44 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk i 10