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HomeMy WebLinkAbout1998-04-15 Council Minutes• • 0 AGENDA KENAI CITY CGUNCIL - RE�#ULAR MEETINQ APRIL 159 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Ronal.not/city 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 un the agenda as paint of the General Orders. Be SCHEDULED, M_ LLC COMMENT (10 minutes) 1. Ordinance No. 1779-98 - Amending the Kenai Zoning Code at KMC 14.20.150 to Prevent the Sane or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine -Month Period. 2. Resolution No. 98-21 - Awarding the Bid for a 3,000 Gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc. for a Total Amount of $498,153. 3. Resolution No. 98-22 - Supporting the $1,705,000 Proposed Funding in SB 292 and HB 397 for a Public Health Center in Kenai. 4. Resolution No. 98-23 - Extending the Contract for Health and Life Insurance Brokerage Services. 5. Resolution No. 98-24 - Extending the Contract for Audit Services for Three Years. -1- D. COMMISSION/COMMITTER REPORTS 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 E. 1. *Regular Meeting of April 1, 1998. • a. orn susnM 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval - Landlord- Consent/Lot 5, Blo :k- 5, General Aviation Apron - Wedge Dia-Log,_Inc. to Wedge. Energy Group,_L,L.C. 4. Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Conditional Use Permit/Lot S. Block H, Beaver Creek. Alaska Subdivision - Tom & Vicki Fruichantie, Appellants. 5. Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Sign Variance for Oversized Sign - Restaurants Northwest (Burger King), Appellant. 6. Discussion - Softball Tournaments - Tent Camping MME SESSION - None Scheduled. `2r, I. ,AD�N�BT_�, I� ON REPORTB 1. Mayor 2, City Manager 3. Attorney 4. City Clerk S. Finance Director 6. Public Works Director ?. Airport Manager J. F,1IStI'BIOI�t 1. Cine (five minutes) 2. Council 0 KENAI CITY COUNCIL - RF,ftULAR MEETING i APRIL 189 1998 7:00 P.M. KENAI CITY COUNCIL, CNAMBER8 http://www.Kend.not/city C� 0 ]ROARD QF, UMM G - LLIGN/BUZZFLL APPEAL. Mayor Williams called the meeting to order at approximately 10:05 p.m. in the Council Chambers in the Kenai City Hall Building. Pledge of Allegiance made prior to Board of Adjustment Hearing at 7:00 p.m. A-2. Roll Call was taken by the City Clerk. Present were: '-W-oore, Measles, Bannock, Smalley, Williams, Bookey and Swarner. A-5. Mayor Williams requested the following changes to the agenda: ADD TO: 1-11, KCHS After Graduation Committee letter requesting budgeted $300 donation from Legislative budget. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested - UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There. were . . no objections. 80 ORDERED. A-6. Mayor Williams reported he had no changes for the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented and Councilman Bannock SECONDED the motion. There were no objections. 80 ORDERED. ITZK A: BeHED FD_,.PUBLIC COMMENT - None. KENAI CITY COUNCIL MEETING MINUTES • APRIL 15, 1998 PAGE 2 C, T„=Q C-1. Ordinance No. 1779-98 - Amending the Kenai Zoning Code at 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. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1779-98 and Councilman Bookey SECONDED the motion. Ron Goecke - 109 Deepwood Court, Kenai. Goecke stated he understood from what this ordinance stemmed from, and had no objections to the wording of the ordinance. However, he believed, because of Alaska's short construction season, the time period was too long and suggested a three-month period or 90-day period. Williams asked Goecke if the Planning & Zoning Commission had made any comments in reference to the ordinance. Goecke answered no, the Commission had not heard about the ordinance until this meeting. Smalley disagreed. Williams stated, the primary reason council went forward with the ordinance is that it felt an overbearing responsibility to the Commission to help the process by not hindering the Commission with repetitive issues. Williams stated he was concerned council didn't ask for Commission's review of the ordinance. Bookey concurred and stated he had asked for the ordinance to be written. He added, he -thought the ordinance would go to the Commission (at council's last meeting). - He added, he would _ have liked the Commission to review the ordinance. Bookey stated, he had no problem with the nine -month period as he felt the general public should not have to beat a conditional use permit application back time and time again. With a nine -month period between applications, it will be more palatable to the public. Councilman Smalley asked if the moratorium now in the Code refers to zoning changes and asked what the time period is for a zoning change. Attorney Graves answered, nine months. Smalley stated he did not have a problem with the nine - month period. Smalley added, he also thought the matter would go to the Commission for review. He understood it was requested to be forwarded to the Commission. Bannock noted, the request had been denied. Clerk Freas referred council to page 18 of their April 1 meeting wherein it stated, "Bannock referred to Item H-3, Ordinance 1779 and requested a copy of the ordinance be included in the P&Z Commission's packet as an informational item for their review at the April 81 meeting." • KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 3 Councilman Measles requested the ordinance be reviewed by the Planning & Zoning Commission during their next meeting before council takes action on it. Measles added, he was also concerned about the nine -month period, noting meeting schedules could prohibit action taken on a project for a year. He suggested a 90-day period would be ample time for delay. Measles also suggested "substantially similar" be defined so that it is not up to council or Planning & Zoning to interpret. MOTION: Councilman Measles MOVED to postpone action on Ordinance No. 1779-98 until the next regular council meeting and the ordinance be on the agenda for Planni.~:g & Zoning Commission to review at their next meeting. Councilwoman Swarner BECONDED the motion. There were no objections. 80 ORDERED. Goecke added, he appreciated council not wanting the Commission to go through repetitive applications, but they, as a commission, understood when they were appcinted what the work would entail. Bookey stated, his intent in writing the ordinance, was not to ease the responsibilities of the Commission but to make the general public not have to defend their rights on a continual basis. C-2. Resolution No. 98-21- Awarding the Bid for a 3,000 Gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc. for a Total Amount of $498,153. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-21 and Councilman Smalley SECONDED the motion. There were no public comments. Administration noted the city's percentage of cost would be 31/e9/6, 3% state and 907/40/6 federal. VOTE: Councilman Measles requested UNAWWOUB CONSENT. There were no objections. 60 ORDERED. C-3. Resolution No. 98-22 - Supporting the $1,705,000 Proposed Funding in SB 292 and HB 397 for a Public Health Center in Kenai. r� • KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 4 MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 98-22 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. . Mayor Williams noted he attended a teleconference which prompted the writing of this resolution. Adding, the Public Health Department were working hard to have funding included in this legislative budget. VOTE: There were no objections. 80 ORDERED. C-4. Resolution No. 98-23 - Extending the Contract for Health and Life Insurance Brokerage Services. Mayor Williams asked council to pass the gavel to Vice Mayor Measles and stepped down from the dias. There were no objections from council. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-23 and Councilman Bannock SECONDED the motion. Orlando Mena - Last Frontier Insurance. Mena asked if council had a copy of his letter of February 23 to Rick Ross. Council answered, no. Mena distributed the letter and time was given for council to review it-. The letter discussed broker fees for the City's- Blue Cross Plan. Mena explained, in 1995 his agency entered an agreement with the city to service the insurance policy for employee benefits. At that time, Blue Cross paid a flat commission of $8,000 a year. When they entered the agreement, they bid on a fee basis of $2,500 and the $8,000 would be returned to the city (when charging a broker fee, the client receives all the commissions). Mena continued, when they bid, they thought they would be getting all lines of coverage, i.e. property and casualty as well As personnel benefits. Mena continued, during August of the third year, the commission went from $8,000 to. $24,000 a year. He met with Mr. Semmens and told him about the new pay scale and that his company was not benefitting from the change. Semmens stated would discuss the matter with City Manager Ross.. A few weeks later Semmens called him • I{ENAI CITY COUNCIL MEETING MINUTES pPRIL 159 1998 PAGE 5 C7 0 back and stated there was an agreement for three years and there would be no change at this time, but they could talk after the first of the year. Mena believed there would be some consideration at the next renewal. In December, when setting the budget for the 98 year, Semmens called him to get a dollar amount of what the city will pay for employee benefits for the upcoming year. Semmens asked him what the renewal rates will be. During the conversation, Semmens told him that could be reviewed, but he was also speaking with a representative of AFLAC to possibly administer a supplemental plan. He told Semmens he could administer AFLAC, but Semmens stated he would continue working with the AFLAC representative with whom he had been dealing. Mena continued, he spoke with Semmens after the first of the year and was told he spoke with council and. wanted to renew Last Frontier's contract for the next three years as well as renewing its contract with the Brown Agency for the commercial coverage. Semmens also told him it would be the same agreement that had been in place for the past three years, i.e. $2,500 commission to Last Frontier and $24,000 to the city. Mena stated, he told Semmens he didn't think that was fair as an additional $16,000 would go to the city and their commission would stay at $2,500. He was also told by their Soldotna manager that Ross had told him the city would not change the agreement, but would rebid it if his agency did not want to accept the agreement. Mena continued, he then spoke with Ross and Semmens. Their discussion followed what was contained in the letter before council, noting the deal had drastically changed, but Last Frontier had kept their end of the agreement for the first three years, even though the commissions changed after the second year. Semmens called him last week and informed him a resolution would be before council at this meeting to renew their broker contract but for only one year (instead of three year at $2,500) at $5,000. Mena explained, if the payout stays the same, at the end of six years the city will receive $112,000 and his agency will receive $159000. Mena was concerned that his company's return will stay at the same amount even though the city's return will be much higher. Mena requested council to consider paying his company a flat fee of 30% on all Blue Cross commissions received, which would amount to $7,200 per year. Ross explained, over the three years, the city's costs to Blue Cross have risen significantly. Last year, it was decided a cap would be put on the premium and the city would have to shop within that cap. He noted, the city did not receive any benefit from the insurance company for doing a one, three or five-year term because the costs are set yearly on the medical plan. At this time, AML is coming out with a new proposal for municipalities and the cities of Soldotna, Homer and the Kenai Peninsula KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 6 Borough have chosen to self insure. He added, they want to give the employees all the options they can to review to see what can be done within the cap. That is the reason for the one-year term. Ross added, when they came to council for authority to renegotiate, they hoped to renegotiate within the current premium. In this case, Last Frontier did not want to negotiate within the current premium and indicated they would take $2,500 if they had to, but wanted some consideration. Because the city was wanting to go to a one-year contract and that it could go to an RFP, Ross continued, he and Semmens agreed they would bring it to council in consideration of a one-year contract. Ross added, he felt very uncomfortable recommending to council to approximately triple the contract payment when there are opportunities for the city to RFP for brokering the Blue Cross policy. Ross noted, because of the rates the city has been receiving, he didn't think another insurance company could compete with the Blue Cross policy the city now has. However, that could change in the next year and that is why they decided to go with a one-year contract. Mena stated, when he and his co-workers met with Ross and Semmens, they were told the contract would be for another three years. He added, he had not been told until Thursday that it would be a one-year contract. Ross stated, when they met together in February, they discussed a three-year contract. Since then, the city met with the Borough, City of Soldotna, and the State of Alaska has been sending out information of an AML insurance pool. He added, in the last two/three weeks they determined, based on giving the employees all the options available to them, they didn't want to lock into more than a one-year contract.. The decision would still be made by council about this time for budgeting purposes. Mena stated, if his company had agreed to the three-year contract in February for $2,500 a year, they would not be discussing the matter at this time. Mena asked if he was wrong. Ross answered, yes, he was wrong. Ross added, he came to council and asked them for the ability to renegotiate the existing contracts and had three years in mind. He added, he intends to have an employee group review the plans available. He is asking council to agree to a one-year contract in order to be able to have the employee group review all the options in addition to Blue Cross. Ross asked Semmens if entering into a relationship with AFLAC had been considered. Semmens answered, he talked with AFLAC about supplemental plans that require administration, but didn't see any cost to the city. Since he has been discussing their product with the AFLAC representative for a year, he felt the representative should have the opportunity to make a pitch to the employees if they want to purchase • KENAI CITY COUNCIL MEETING MINUTES APRII.15, 1998 PAGE 7 supplemental coverage. Semmens asked Mena if he was not willing to accept the contract at $5,000. Mena answered he would but he wanted to speak to council and state their side of the story. Measles stated, a contract is a contract. Last Frontier agreed to do the contract for a payment of $2,500 flat fixed fee and it was not tied to any increase or decrease in commissions. If the commissions had gone away altogether, Last Frontier would still have been paid $2,500. Mena disagreed, they knew they would be paid commissions, and that's why they got the bid because they were willing to give most of the commissions back to city. Measles continued, for professional services, insurance, etc., the city can negotiate without going to an RFP, however it's always been the position of the council to go to RFP to see what is available. In looking at the 1995 bids, there were three other companies who bid less than $7,200. With that in mind, the council could tell Ross not to renegotiate, but go to RFP to see what others would bid. Moore asked Mena if he was willing to provide the services for the next year at $5,000. Mena answered, yes, but was concerned that the contract was first offered for three years, but at the same terms even though the city would get three times the commission, and then was offered at a one-year term for $5,000. He also voiced concern th. .t the contract with Brown Agency had been renewed for three years at the same terms. MOTION TO TABLE: Councilman Moore MOVED to table the resolution until the next meeting. Councilman Bannock SECONDED the motion. VOTE: Moore: Yes Measles: No Bannock: Yes Smalley: Yes Williams: Abstain Bookey: No Swarner: No MOTION FAILED. Bannock asked administration what was done with the Brown Agency contract. Ross answered, it was renewed at the same commission as the first three years ($12,000). Bannock stated he didn't want to go to an RFP and asked if council would want to recommend the matter return to administration for renegotiation with Last Frontier for a three year contract. O KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 8 Bookey stated he didn't want to go to a three-year contract as he believed there are other avenues available and the city should look into an RFP. He added, at this time, he thought the city should have gone to an RFP on the casualty line as well. Bookey added, he would like to stay with what administration has planned. Swarner stated she would like to go with a one-year contract for the health insurance because of the changes in health care and the employee committee reviewing the costs. She added, she would vote in support of Resolution No. 98-23. Smalley stated, he is aware of changes in the health care programs (through council and his profession). He added, this is a good policy and good for the city. When a policy is changed, it tends to "upset the apple cart." Smalley suggested the matter return to administration to negotiate with Last Frontier. . Bookey asked Mena to clarify that if the resolution is passed (as written), he would accept the policy for another year at $5,000. Mena answered yes. Swarner called for the question. Semmens noted, if the city shopped for coverage, other brokers could provide Blue Cross coverage and would not affect the city's policy. John Wit hms - Williams referred to the comment made earlier regarding a rebate. He continued, in most anything to do with a commission, and licensed by the state in certain areas, rebates are illegal. However, under this particular issue, as he understands it, a special arrangement was made to circumvent the normal regulations to allow for the rebate. Attorney Graves explained, when the city went to an RFP, the city specifically said it would have to get an agreement or tariff with the insurance conannission to allow this to be done. That was done and is a legal rebate allowed by the insurance commission. He added, it was a contract between two parties negotiating at arm's length and the insurance commission felt it was appropriate. VOTE ON THE RESOLUTION: Moore: No Measles: Yes Bannock: No Smalley: No Williams: Abstain Bookey: Yes Swarner: Yes MOTION FAILED. Ross asked council if the problem was with the one-year contract. Bannock answered, he would like to see a negotiated agreement for a three-year term brought back to council. Moore stated he would like an agreement to come back to council �J 0 KENAI CITY COUNCIL MEETING MINUTES APRiL 15, 1998 PAGE 9 where both parties are happy. Ross stated, Last Frontier won't be happy unless the amount is $7,200. Moore added, the city then could find somebody else. Swarner stated she would like a one-year agreement and was not interested in a three-year agreement at all. Bookey agreed and added, he felt the insurance plan needs to be reviewed and would like a one-year agreement. MOTION FOR RECONSIDERATION: Councilman Smalley MOVED for reconsideration of Resolution No. 98-23. Councilman Bannock SECONDED the motion. VOTE ON RECONSIDERATION: Moore: Yes Measles:. Smalley: Yes Williams: Swarner: Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Yes Bannock: Yes Abstain Bookey: Yes Councilman Smalley MOVED to amend Resolution No. 98-23 in the third whereas, changing $5,000 raise it to $7,200, and in the "now, therefore" paragraph, change the $5,000 to $7,200. NO SECOND. MOTION DIES. Bannock asked if no -action is taken on the resolution, what will administration do Ross answered, he would ask council for clear direction as to what they want him to renegotiate with Last Frontier or shop the brokerages. He added, if the amount would go over $5,000, he would suggest shopping the brokerages. MOTION TO TABLE: Councilman Moore MOVED to table the motion. NO SECOND. MOTION DIES. MOTION TO AMEND: Councilman Bannock MOVED to amend Resolution No. 98-23 to continue for three years, the current agreement. Councilman Moore SECONDED the motion. t • KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 10 Bannock stated, at this time he was not concerned whether Last Frontier would accept a three-year contract at the current amount. However, he was concerned about some consistency and is what was done with the other broker. If Last Frontier does not accept the contract, the city could then -do what it needs to do. He added, in fairness to consistency, the city did not renegotiate with the other agency and a roll- over was done. The wholesale lines changed the commission structure with this broker, and could have with the other broker as well. Bookey stated, he would not support the motion. He would like to continue with a one-year program. There were no further comments from council or administration. Vice Mayor Measles clarified the motion was to amend the resolution to a rollover, three-year agreement, under the same terms as the existing contract. VOTE ON AMENDMENT: Moore: No Measles: No Bannock: Yes Smalley: No Williams: Abstain Bookey: No i Swarner: No MOTION FAILS. VOTE ON MAIN MOTION, AS aIIHMiTTRD: Moore: No Measles: Yes Bannock: Yes Smalley: No Williams: Abstain Bookey: Yes warner: es MOTION PASSED. Mayor Williams resumed the chair. C-5. Resolution No. 98-24 -Extending the Contract for Audit Services for Three Years. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-24 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no public or council comments. 1�1 r� �9 0 KENAI CITY COUNCIL MEETING MINUTES APR[L 15, 1998 PAGE 11 VOW: MOT1ON PASOND UNANIMOUSLY. Councilwoman Swarner reported the minutes of the last meeting were included in the packet. D-2. Airport Commission Councilman Measles reported the minutes of the last meeting were included in the packet. D-3. Harbor Commission Councilman Bookey reported the Commission met on Monday. He noted, the Commission finished their goals and objectives and discussed possible privatization of the dock. He will report more on tine meeting when the minutes are available. Williams asked if administration had determined the costs he had requested in regard to privatization of the dock. Ross answered, they would be available for the April 29 budget work session. D-4. Library Commission Councilman Moore noted the minutes of the last meeting were included in the packet. D-8. Parla & Recreation Commission Councilman Bannock reported the minutes of the last meeting were included in the, packet. I ie noted, the Commission discussed the green strip camping which will be discussed later in this meeting. The Commission also debated a motion to recommend to council that design work on a multi -use recreational facility begin this summer. He. discussed the BOR land exchange, etc. with the members and the motion received no action. KENAI CITY COUNCIL MEETING MINUTES • APRIL 159 1998 PAGE 12 D4. Planning & Zoning Commission Councilman Smalley reviewed the minutes of the April 8 meeting. He -noted, -sign variance requests failed and he believed one would be appealed .to the Board of Adjustment. He requested council read over the discussion regarding Item 7a, requiring permits for home occupation. D-7. Miseelianeous Commissions and Committees D-7a. Be Committee Councilwoman Swarner reported the Committee met the day before. During the meeting they decided on their summer theme - Celebrate Summer with a Rainbow of • Color. A volunteer orientation has been set for May 2 and flower beds will also be cleaned. A clean-up of the cemetery has been set for May 13 and 14. D-7b. Historic District Board Councilman Moore reported a meeting was scheduled for April 20, but he would be unable to attend. He requested another councilmember attend in his place. D-7e. Challenger Board - No report. D-7e1. Kenai Visitors A Convention Bureau Board Councilman Bookey reported a meeting was scheduled for April 22. i-7e.- Aiaalm Nunicipal League Report Councilman Smalley reported he and Mayor Williams attended AML Board of Directors and Alaska Conference of Mayors meetings in Juneau on April 1, 2, and 3.. Both visited with legislators concerning municipal assistance and urged that no cuts be made to it. He noted, the AML is pushing for a resolution regarding the educational formula problem and investigating a plan of action at the -legislative level for deferred maintenance. He urged council to call the legislators and voice their opinions. Smalley reported he also attended a conference on April 8 where they discussed revenue sharing cuts, reiterating to the Legislature that any cuts to Municipal Assistance, Revenue Sharing, Safe Communities, shift to local talc Increase_ s and puts the burden on local municipalities and boroughs. Williams reported he testified on three separate legislative bills: 1) funding for the Public Health Nurse Facility ($1,705,000). There was positive response. 2) He • KENAt CITY COUNCIL MEETING MINUTES APR1L 15, 1998 PACE 13 testified on behalf of the State Fire Chiefs Association for, standards for education. 3) He testified in regard to the proposed community dividend program. He noted, a lot of work had been put into this proposal. He added, it is important to remember that a constitutional a:aendment is what is wanted to be made, instead of a statutory amendment. While in Anchorage, he discussed the matter with Governor Hickel and Eric WohNorth (chair of the Permanent Pund Board of Trustees). E-3. Regular Meeting of April i, 1998. Approved by consent agenda. am L 01—SPONDENCE - None. •I-TEM a., OLD BQBINEBB - None. g: BV�r,_n�E88 Bills to be Paid, Bill* to be Ratified MOTIOIf: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner 88C DNDFD the motion. There were no objections. 80 ORDHRED. H-3. H-3. MOTION: Purchase Orders Enceeding $2X00 - None. Approval - Landlord Consent/Lot 5, Block S. General Aviation Apron - Wedge Dia-Log, Inc. to Wedge Energy Group, L.L.C. Councilman Smalley MOVED for approval of the Landlord Consent for Lot 5, Block 5, General Aviation Apron from Wedge Dia-Log, Inc. to Wedge Energy Group. Councilman Moore ICONDED the motion. There were no comments or objections from administration. • KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 14 VOTE.. There were no objections. 80 ORDERED. H-4. Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Conditional Use Permit/ Lot 8, Block H. Beaver Creek Alaska Subdivision - Tom & Vicki Fruichantie, Appellants. Council reviewed the information included in the packet in regard to setting a hearing in the above -referenced matter. MOTION: Councilman Smalley MOVED to approve the setting of the Fruichantie Board of Adjustment hearing for 7:00 p.m. on Wednesday, May 69 1998. Councilman Bannock SECONDED the motion. • Councilman Bookey suggested the hearing be scheduled for a right when there is no council meeting because of the time taken by the hearings in the past and the lateness of the hour when the actual council meeting begins. Smalley stated he didn't think this or the following hearing would take a lot of time because the matters were not as difficult as the one heard earlier in the evening. [;ZS-714A There were no objections. 80 ORDERED. Council decided to hold both the Fruchantie and Restaurants Northwest Board of Adjustment hearings on May b, beginning at 7:00 p.m.. The Fruchantie hearing is to be heard first and then the Restaurants Northwest hearing to be heard second. H-5. Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Sign Variance for Oversized Sign - Restaurants Northwest (Burger King), Appellant. See above. H-6. Discussion - Softball Tournaments - Tent Camping Bannock reported the Parks & Recreation Commission debated this issue during their last meeting and read from page 5 of the meeting minutes. He noted, the Commission felt it was an issue Director Frates and City Manager Ross should work out. Bookey KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE �5 stated, whatever is worked out between Frates and Ross should come to council for review and consideration. Williams noted the ordinance gives the authority to the city manager to permit for camping and felt Ross should take care of the matter. Williams advised, there is a softball tournament scheduled for the same day as the Industry Picnic. Ross explained, as he understood the history of the ordinance, the city manager has allowed ermits for camping on the FAA fields for large groups, mainly the RV caravans. He cautioned, if council sets up use for camping along the green strip during tournaments, it will formalize that it is an allowable activity there, i.e. the area may be turned into a camping area during tournaments. Ross added, he hates to use an exception in the ordinance to write permissions for what will be scheduled events unless council agrees they want the area used for camping in the future, knowing rules will be have to be developed to take care of complaint situations. Ross noted, if council wants to continue tournament camping, it can be done. Howeiier, he has not found information in the records of permission being giv-.n and that it seems to have just evolved. Swarner stated she would prefer the camping at the FAA fields and not on the green strip. That way, interference with other events is not a problem. Bookey stated, he was concerned about the comments from constituents who complained about the cars on the grass and that if softball players can do it, why can't local citizens do it. Additionally, the pr :)blem has grown to a point where it is no longer acceptable in that location as it precludes the area being used by local citizens. He added, he is also concerned that there is no way to distinguish between softball players and dip net fishers using the area. Measles agreed, -and-added,-if the camping is moved to the FAA fields, that will also- - - become. the area for dip net fishers to camp, _There will also be enforcement problems to keep non -permitted tent campers out of the area. Measles noted, the Kenai River. Festival will also be held at the FAA fields. It was also noted, the caravans no longer come to Kenai. Swarner noted there is a tournament also set for July 4 and 5 which would interfere with the parade booths. Williams stated, he believed administration should work out the matter to determine when the area will be needed for other events and whether they need to move the campers to another area. Bookey stated he disagreed as the green strip facility was built for the long-term benefits of the constituents of the city. Williams noted, if the campers are moved to the FAA fields, the city will have to provide restroom facilities, etc. Swarner suggested charging a fee as they would have to pay a fee if they camped at the regular tent camping area. , • KENAI CITY COUNCIL MEETING MINUTES gpR1L 151,1998 PAGE 16 is ersnitting for not in conflict with the known events and work out something as far as for the area, the green strip area. However, once it�afi t�healiaed area will be usestart d for camping. He the official expectation will be created add edhe wants council to be aware of that. However, council has never stated that , area is a camping area. Ross continued, it has been suggested the players could use the parking lot for camping, however, a portion of the parking lot is leased. He noted, there is a very • p in the ballfield area which will not interfere with constituent use of the limited space area, facilities. Swarner stated, she did not support the green strip as a tent camping permitted or not. Bookey agreed. Bannock noted, Parks & Recreation stated they wanted Ross and Frates to handle the problem not find a way to make tent camping work. Smalley noted, he didn't specify , a location in his earlier statement. w'x�CUTI�TE Sig IO�i - None Scheduled. I-3. Mayor a, Fish Waste Processor - Williams reported he was erne ues� ato�cilitate a meeting in regard to developing a fish wasteprocessing council plant in meeting will be held on May 1 at 9: a.m.. - d to b. KCHB After -Graduation Party Doaatioa Request -Williams-referre of the meeting. It was the letter of request added to the agendaat the300 for thigs do ation. noted, the Legislative budget identified $ MOTION: Corn Gilman Smalley MOVED to approve the $300 donation for the KCerHeS �e no Graduation Party. Councilman Bannock SECOINDED the motion. objections. SO ORDERED• C. Kenai River Festival Donation Request Council referred to donation of request included in the packet. It was noted $300 was identified for in the Legislative budget. • KEAfAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 17 MOTION: Councilman Smalley MOVED for approval of the $300 donation to the Kenai River. Festival and Councilman Moore SECONDED the motion. There were no objections. 80 ORDERED. I-2. City Manager a. Peninsula Wide Drug Enforcement Grant - Ross reported there is a I Peninsula -wide drug enforcement grant in progress in the amount of $100,000 with four agencies participating. The local match from each agency will be $6 500. noted, he had authorized the Police Chief to go forward with develo m the He The funding source for the local match would be from police salarysa i ®rant. savings as a result Of turnover, unless council objects. Rose added there has not been a coordinated drug effort on the Peninsula for several ears and this will be an y � opportunity to develop one. No objections were stated. b. Dip Net Fishing Memorandum - Ross noted, he gave council a Preliminary report on the dip net fishery issues the city will address. He requested council review the information and contact him if there are areas of concerns. Ross added, he met with Fish & Game and they have delivered signs, kiosks, barricade fencing, dumpsters, trespass and litter signs etc. Also, Fish & Wildlife Enforcement has stated there will be some ground troop presence and will coordinate the Police Department. He added, he will ask council to include $7,500 in the FY99 budget toward this program. Also, the Fish & Game supervisor has stated he believes he will be able to have a presence on the beach to enforce the city's litter ordinance. Ross continued, they are working together with some pre -publicity and educational items, as well as a liaison to handle news releases, etc. C. Budget Work Session Agenda - Ross stated he would like to place the KVCC first on the agenda as they would like to make a presentation to council. Then continuing through the General Fund and taldng the departments in order. � If council completes the General Fund, they could then go through the other funds. Ross added, unless council states otherwise, that is how he will schedule it. d. 281 Grand Opening - Ross reported the and oening for fire center will be held on June 18. Council will be receiving invitations. the industrial e. Corps of Engineers Preliminaryy Study - Ross reported the Corps of Engineers preliminary study can be put on an inactive list for five years. Unless . council objects, he believed that is what should be done as the city did not have the $2500,000 for its share. A letter will be sent to the Corps indicating the study should KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 18 be put in an inactive status..Bookey added, the Harbor Conitnission had already recommended the study go on the inactive list for five years. Further discussion regarding the agenda for budget work session and whether council had said to consider the major items, i.e. COLA increase, personnel changes, trucks, etc. first and then consider the department budgets or the department budgets. first. Williams objected to Ross developing an agenda without his input. Ross stated, he remembered council told him to do the departments first. A question of what the code directs in regard to development of agendas was read and noted the city clerk prepares the agendas after consultation with the mayor and city manager. Williams requested Ross consult with him in the future. 1-3. Attorney - Attorney Graves reported he would be leaving the state Thursday and returning Tuesday afternoon. I-4. City Clerk - No report. I-5. Finance Director - Semmens reported FAA told him the city would i receive $2.2 million for the ARFF grant next week. Receipt of the funds should not require council action. I-6. Public Works Director - No report. 1-7. Airport manager - No report. J-1. Citizens - None. J-2. Council - No Comments. V d ADJOV�T The meeting adjourned at approximately 11:55 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APMOVE-D 13y Coj-, �