Loading...
HomeMy WebLinkAbout1998-07-01 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 19 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http : I I wvwcr. Kenai. netj city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda All items listed with an asterisk (*) are considered to be routine and non- controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (10 Minutes) Co PUBLIC HEARINGS 1. Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for the Challenger Learning Center of Alaska in the Challenger Capital Project Fund. 1. Remove from table. 2. Consideration of the ordinance. 2. Ordinance No. 1787-98 -- Replacing the Current Kenai Municipal Code Development Requirements Table, Its Footnotes and Addendum. 3. Ordinance No. 1788-98 -- Amending Kenai Municipal Code, Chapter 6.04, Entitled "Voting Qualifications and Procedures." 4. Resolution No. 9 8-44 -- Awarding the Bid to Stephans Tool Rental and Sales for a Four -Wheel Drive Utility Tractor for the Parks Department for the Total Amount of $19,995. 5. Resolution No. 98-45 - Supporting Areawide Leasing Cook Inlet. 6. *1998/99 Liquor License Renewal B Kenai Country Liquor. -1- D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. 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. MINUTES 1. *Regular Meeting of June 17, 1998. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1789-98 -- Amending KMC 13.05.010 to Authorize Collection of a Surcharge for Violation of a Municipal Ordinance. 4. Approval -- Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise Limited Partnership and Dan Roberts. 5. Approval -- Consent to Security Assignment of Lease -- Lots 1 and 1-A, Aleyeska Subdivision Part 3/Jim C. 8v Erika E. Singree. 6. Discussion -- Scheduling Board of Adjustment Hearing -- Appeal of Planning & Zoning Commission Approval of Amending the Conditional Use Permit PZ95-30 to Include a Crushing Plant and an Asphalt Plant for the Property Described as Tract 6, Horseshoe End at River Bend Subdivision -- Appeals filed by John Coston, Dee Anna & Nolan T. Compton, C.H. & Donna Tomlinson, Victor & Joan Hett, Gordon & Patsy Gifford, James A. Krein and Lloyd & Jennifer Richardson. 7. Discussion -- Professional Services Contract -- James E. Carter. -2- 8. Discussion -- Kenai Municipal Airport/Airport Terminal Smoking Policy. i I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - Evaluation of City Manager. K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING JULY 1, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z I www. Kenai. net city Mayor John J. Williams, Presiding ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Swarner, Moore, Measles, Smalley, Williams, and Bookey. Absent was: Bannock (arrived at approximately 9:00 p.m.) A-5. AGENDA APPROVAL Mayor Williams reported he had no changes to the agenda. MOTION: Councilman Smalley MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-6, CONSENT AGENDA Mayor Williams reported he had no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 2 C-1. Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for the Challenger Learning Center of Alaska in the Challenger Capital Project Fund. C-la. Remove from table. MOTION: Councilman Moore MOVED to remove Ordinance No. 1786-98 from the table. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. There were no further comments from the public. Councilwoman Swarner asked if there was any new information other than what was included in the memorandum attached to the ordinance. City Manager Ross answered no. He explained, the ordinance is not needed because money won't be appropriated. Swarner asked what would happen to the building and property if the Challenger Center left the city. Ross explained, he was not aware of Challenger National's choice of a site, as it had not been discussed during their teleconference call. He added, the only item addressed was the city's being intentionally left out of the special conditions. He noted, NASA would do its own grant administration. Williams noted the wording in the bill specified the funding to be used for a science center in Kenai. Moore stated, he enjoys the city not "being in the loop" and wanted to be sure it stays that way. Ross stated, as to the grant, the city is not in the loop. However, the city is involved with the lease of the land. C-2b. Consideration of the ordinance. Smalley called for the question, based on the first statement in the memorandum included in the packet, stating administration recommended the council not enact the ordinance. VOTE: Swarner: No Moore: No Measles: No Bannock: Absent Smalley: No Williams: No Bookey: No MOTION FAILED. KENAI CITY COUNCIL MEETING MINUTES i JULY 1, 1998 PAGE 3 Williams explained, the no vote taken by council was not an indication of a lack of support for the facility. However, it is more the city's lack of need to be involved in the development of the facility. Williams noted there were some of those in the audience may have thought the appeal on the asphalt plant was to be held during the meeting. He informed those present, the council would only schedule the hearing during the meeting. Notice would be forwarded as to the hearing date. Clerk Freas explained those people owning property within 300 feet of the affected property would receive notice by certified mail, as well as those persons filing letters of appeal. Others who spoke at Planning & Zoning Commission meetings would also be sent a notice by regular mail. Freas added, the hearing would also be advertised in the newspaper and on the city website. C-2. Ordinance No. 1787-98 -- Replacing the Current Kenai Municipal Code Development Requirements Table, Its Footnotes and Addendum. MOTION: Councilman Smalley MOVED for the adoption of Ordinance No. 1787-98 and Councilman Measles SECONDED the motion. There were no public comments. Swarner questioned the "Administrative Exceptions" where it states, "The administrative official may reduce setback requirements up to ten (10) percent based on submittal of a plot plan or an as -built survey." Councilman Smalley explained it was included as an addition to the ordinance because there are some setbacks that are very small which could be dealt with in house. This could speed up the process and could be a cost -saver to the city. The request for this type of setback would still be brought to the Commission for their information and if they objected to it, the Commission could then consider it. Swarner stated she understood the suggested inclusion of the exemption, however asked why have the rules if the request can be placed on the Commission's consent agenda. Smalley explained the Commission discussed the same question. Swarner asked how many times a year this happens. City Engineer La Shot answered probably five to six times. The greatest variance seen is a 15 ft. setback at 10% would be 11/2 feet. Smalley added, if P8.Z objected to the variance, it could be brought forward to them for discussion. Smalley noted, the remaining portion of the ordinance document is to clarify issues that had been confusing, i.e. footnotes, etc. Smalley continued, the only objection stated to the Commission from the public was for the allowance of tri-plexes in RR-1 zones. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 4 MOTION: Councilwoman Swarner MOVED to delete the section, "Administrative Exemptions." Councilman Moore SECONDED the motion. Williams explained the deletion would remove the discussion of the administrative exemptions from the third whereas in the body of the ordinance, as well as the "Administrative Exemptions" paragraph on the Addendum. Moore noted, a person could still request a setback variance and as long as it was ten percent or less, administration could approve it and it would be placed on the Commission's consent agenda. Moore asked if then the maximum setback variance in the City of Kenai would be 11/2 feet. La Shot answered yes. Smalley added, that could be done administratively. Councilman Measles asked Attorney Graves if a change in a setback requirement must be done in a public hearing format, wouldn't this take the consideration out of the public hearing realm. Graves answered the limited ten percent administrative variance would not be ordinarily done by public hearing unless it was removed from the consent agenda and then re -noticed as a public hearing. Measles stated, it would have to be removed from the consent agenda and then taken up at another meeting because as a consent agenda item it would not be in the public hearing section of the agenda. Smalley noted that was correct and the Commission would then have to set the item for a public hearing. Graves agreed and stated, if there were public concerns, the item would need to be removed from the consent agenda and set for the next meeting after giving notice. Measles stated, in the current system, even if the request is for a six-inch variance, the matter is set for public hearing and notices are given to adjacent property owners. The exemption would bypass that notice to property owners, even though it is a small change. Graves agreed. Williams stated, his only problem in placing this responsibility to administration is that it would take away the responsibility from the elected and appointed officials. Measles asked if the Commission requested the change. La Shot explained the Building Official brought it from another code. He added, the intent was to take care of minor setback problems and save time. However, during the process, the portion referring to adding the matter on to the consent agenda was put in place. La Shot added, there is still the potential of a two to three-week delay in issuing a building permit or certificate of occupancy. Moore noted, the delay would only come about if the property owner were not in compliance with the existing setback conformance. Williams added, if they are not in compliance, it would require other people affected by the noncompliance be notified. KENAI CITY COUNCIL MEETING MINUTES i JULY 12 1998 PAGE 5 La Shot added, the intent of the addition was to speed up the minor infraction, i.e. if someone poured footings and the as -built didn't consider the addition of siding, it sometimes pushes the setback out in a very minor way. La Shot suggested council delete the entire "Administrative Exemptions" if they had problems with that portion of the change. Measles asked, what would be the longest delay in occupancy caused by the ordinance as it is presently? La Shot answered, a public hearing is required and depending on the meeting schedule, it could be two to three weeks. Smalley noted, the Commission had long discussions about the notification issue and felt they wanted to make sure neighbors on either side of a variance request be notified. The Building Official spoke to it and noted it was doubtful there have been any objections voiced, if the change was in place, to minor variances which had been approved in the past. Swarner stated she was concerned about a person building knowing they could get an automatic ten percent exemption. It would be automatic if it was put on a consent agenda and not removed by the Commission. If that would be done, the same amount of time would be involved or longer. Measles stated his concern was not the accidental three-inch variance. It is when a 15' setback is required and with this automatic exemption, a person could intentionally build a house three feet wider than allowed. Ross noted, in that case the building plans and plot plans would not have been fled accurately. The only way one could do that would be with a plot plan they didn't follow and a set of building plans they didn't follow. At that point, administration would not put it through on a consent agenda. Smalley referred to the Commission minutes and noted their discussion was about 50/50 for the addition. He suggested council could remove that portion of the ordinance by passing Swarner's amendment or table the ordinance and request the Building Official to come before council and discuss the matter. VOTE ON AMENDMENT: Swarner: Yes Moore: Yes Measles: Yes Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES 1 JULY 12 1998 PAGE 6 VOTE ON MAIN MOTION AS AMENDED: Swarner: Yes Moore: Yes Measles: Yes Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1788-98 -- Amending Kenai Municipal Code, Chapter 6.04, Entitled "Voting Qualifications and Procedures." MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1788-98 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Swarner: Yes Moore: Yes Measles: Yes Bannock: Absent Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 98-44 -- Awarding the Bid to Stephans Tool Rental and Sales for a Four -Wheel Drive Utility Tractor for the Parks Department for the Total Amount of $19,995. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 98-44 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY L 1998 PAGE 7 C-5. Resolution No. 98-45 - Supporting Areawide Leasing Cook Inlet. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-45 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Clerk Freas was requested to forward the resolution on to the interested parties. C-6. 1998/99 Liquor License Renewal -- Kenai Country Liquor. Approved by consent agenda. ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging Swarner noted the July newsletter was before council for their information and urged all to visit the Senior Center's pie and cinnamon roll sale booth at the Fourth of July celebration. D-2. Airport Commission Measles reported the next meeting would be held on July 9, 1998. Williams referred to a letter of resignation from Commissioner Bonnie Koerber and an application for Dan Van Zee for placement on the Commission. Swarner referred to Van Zee's application and asked what the residency requirements are for the Airport Commission. Clerk Freas noted, there are none and also stated there were no other applications on file. It was also noted by Councilman Moore Van Zee's rental agency business has complimented the airport. Koerber's resignation was accepted and there were no obj ections to the appointment of Van Zee to the Airport Commission. KENAI CITY COUNCIL MEETING MINUTES DULY 12 1998 PAGE 8 D-3. Harbor Commission Councilman Bookey noted the next meeting was scheduled for July 6. D-4. Library Commission Councilman Moore reported the next meeting would be held on July 7. D-5. Parks & Recreation Commission Councilman Bannock reported the next meeting was scheduled for July 2. Williams asked Attorney Graves and Administration if the city required organized softball groups to carry insurance on their players. Graves answered to his knowledge it was not a requirement. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of the June 10 meeting were included in the packet and he reported on the meeting during the last council meeting. He referred to the action agenda for the June 24 meeting, which was included in the packet. Smalley noted PZ Resolution 98-28 was discussed and the Commission's actions had been appealed. Also PZ Resolution No. 98-30 was approved. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported the Committee and other volunteers had been weeding flowerbeds throughout the city and additional help could be used. Please contact Swarner with names of additional volunteers. Swarner also noted the minutes of the June 9 meeting were included in the packet. There was no quorum. The next meeting is scheduled for July 14. D-7b. Historic District Board Councilman Moore reported the minutes of the last meeting were included in the packet. The Board approved the Preservation Plan and it was passed on to the Planning & Zoning Commission for their approval. The next meeting was scheduled for July 20, however there was a question of whether they should meet again prior to the joint work session to be scheduled in September. Discussion followed in which Clerk Freas suggested the Board may want to meet and discuss how they could better participate as a Board, i.e. less meetings, etc. No change was made to the meeting schedule. KENAI CITY COUNCIL MEETING MINUTES DULY 11 1998 PAGE 9 D-7c. Challenger Board Project Coordinator Bill Popp was asked if he had any items to report. He stated he did not unless council had questions. There were no questions. Councilman Measles suggested this item be removed from the council agenda since the city will not be involved in the program. There were no objections. D-7d. Kenai Visitors & Convention Bureau Board Councilman Bookey reported a meeting was held and the minutes would be the council packet for review. D-7e. Alaska Municipal League Report Councilman Smalley reported a teleconference is scheduled for July 8. E-1. Regular Meeting of June 17, 1998. Approved by consent agenda. ITEM F: CORRESPONDENCE - None ITEM G: OLD BUSINESS - None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES 1 JULY 1, 1998 PAGE 10 Swarner questioned the purchase order to Maloney & Haggart and asked if this was an open purchase order. City Attorney Graves answered, it was a purchase order covered by funds budgeted for the new fiscal year. He added, expenses to the attorney have decreased dramatically. It was noted the company name had changed and Maloney should be removed from the name. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 1789-98 -- Amending KMC 13.05.010 to Authorize Collection of a Surcharge for Violation of a Municipal Ordinance. Introduced by consent agenda. H-4. Approval -- Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise Limited Partnership and Dan Roberts. Councilman Moore asked if there were more than two parties involved in the assignment. Graves answered, to his knowledge there were only the two included in the information. MOTION: Councilman Moore MOVED for approval of the Assignment of Lease/ Lot 6A, Block 1, Gusty Subdivision No. 4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise Limited Partnership and Dan Roberts. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED, H-5. Approval -- Consent to Security Assignment of Lease -- Lots 1 and 1-A, Aleyeska Subdivision Part 3/Jim. C. & Erika E. Singree. MOTION: Councilman Smalley MOVED for approval of the Consent to Security Assignment of Lease -- Lots 1 and 1-A, Aleyeska Subdivision Part 3 /Jim C. & Erika E. Singree providing the lessee becomes current in payments to the City and Borough at the time of closing. Councilman Bookey SECONDED the motion. Graves reported additional paperwork was received from the entity Emergent Business Capital who may require additional paperwork from the Small Business Administration. They were told that information would not be carried into council. Emergent said they would like to go ahead with the security assignment. KENAI CITY COUNCIL MEETING MINUTES JULY 11 1998 PAGE 11 Administration informed them if \additional approval of estoppal paperwork was required by council, it would be forwarded to council in a future packet for their review and consideration. Smalley asked if the lessee was current in payments. Graves answered, no, they owed approximately $12,000. Graves added, the lessee was told that before the assignment was made, he would have to come current at closing. Smalley noted the motion did not state that. Graves pointed out the desired motion included in the packet information. A "friendly amendment" was made to the motion with the approval of the second. VOTE: There were no objections. SO ORDERED, H-6. Discussion -- Scheduling Board of Adjustment Hearing -- Appeal of Planning & Zoning Commission Approval of Amending the Conditional Use Permit PZ95-30 to Include a Crushing Plant and an Asphalt Plant for the Property Described as Tract 6, Horseshoe End at River Bend Subdivision B Appeals filed by John Coston, Dee Anna & Nolan T. Compton, C.H. & Donna Tomlinson, Victor & Joan Hett, Gordon & Patsy Gifford, James A. Krein and Lloyd & Jennifer Richardson. Councilman Smalley recommended council not set the hearing prior to a council meeting due to the length of time the hearing will take. Discussion followed. Council scheduled the hearing for Tuesday, July 21 at 7:00 p.m. in the council chambers. Smalley requested notice of the hearing be sent to those who wrote letters to the Planning 8v Zoning Commission (who may not have spoken during a Commission meeting) in addition to those normally noticed. Williams asked if their had been any discussion about the application for the conditional use permit had been withdrawn. Graves answered, no. H-?. Discussion -- Professional Services Contract -- James E. Carter. Ross referred to his memorandum included in the packet, along with a draft of the proposed contract for professional services with James E. Carter and his letter to FAA in regard to using Airport Fund monies to pay for the contract. Ross noted, he received communication from FAA with a series of questions needing answered by the city prior to their making a determination of using airport funding. Carter was advised. Ross continued, he didn't think an affirmative answer would be received from FAA until their questions are answered. One of the questions was in regard to site plans. Ross stated he was not sure a specific answer could be made to that question, but potential sites may suffice. KENAI CITY COUNCIL MEETING MINUTES JULY 11 1998 PAGE 12 Ross added, he would like the new airport manager to address some of the concerns. In order for that review, he suggested the matter not come back before council until the second meeting in August at the earliest. During this time, council will be able to review the draft and forward comments to him (and Carter) . Bookey stated he felt comfortable with Ross' suggestions and would like to have comments from FAA prior to council's consideration of the contract. Moore agreed. Ross stated, after receiving comments from FAA, they will consider incorporating them into the contract. BREAK TAKEN: 8 :0 5 P.M. BACK TO ORDER: 8:17 P.M H-8. Discussion -- Kenai Municipal Airport/Airport Terminal Smoking Policy. Ross referred to the memorandum included in the packet from Acting Airport Manager Holland. The memorandum discussed alternatives the Airport Commission reviewed in regard to a designated smoking/ smoke free terminal. Ross continued, upon cost review, administration recommended two alternatives: designate the terminal as smoke free or provide for an enclosed, ventilated smoking area near the terminal entrance (estimated cost in excess of $6,000). Ross noted another consideration was to add a smoking area to the south end of the terminal, building a structure on the small porch. Administration did not recommend this alternative due to the limited size, cost, under - utilization, and what it would do to the terminal. MOTION: Councilwoman Swarner MOVED to designate the airport terminal as smoke free and Councilman Smalley SECONDED the motion. Swarner suggested, referring to comments about litter that will be dropped on the ground if the terminal is designated smoke free, additional ashtrays be purchased and placed outside the terminal for smokers to use. Smalley stated he seconded the motion in order to discuss smoking cubicles. He added, he has seen them and often they are too smoky to see through. He asked for comments from those who smoke to discuss smoking cubicles (Alternative #3) . He added, they needed to remember there is a certain amount of clientele using the airport that smoke. Moore commented he visited the present smoking area at the terminal and people were smoking. He spoke with the people at the gift shop and they had no obj ections to the smoking area across from their front door. Moore added, he had not received any complaints from friends, relatives, or airport users and was willing to table the matter. � MOTION TO TABLE: KENAI CITY COUNCIL MEETING MINUTES 1 JULY 1, 1998 PAGE 13 Councilman Measles MOVED to table the matter. Councilman Moore SECONDED the motion. An objection was noted. VOTE: Swarner: No Moore: Yes Measles: Yes Bannock: Absent Smalley: No Williams: Yes Bookey: No MOTION FAILED, Councilwoman Swarner requested a "friendly amendment" to her motion and a resolution brought to council at their next regular meeting making the terminal smoke free. Moore asked if Alternative #2 (providing an enclosed, ventilated smoking area) was included in the resolution, would the costs be covered by airport funds. Ross answered, yes. MOTION TO AMEND: Councilman Moore MOVED to amend the motion to add Alternative #2 to the resolution. Councilman Bookey SECONDED the motion. Smalley stated he believed the motion to amend was out of order as the main motion was to declare the terminal smoke free. The amendment was not germane to the main motion. Mayor Williams requested, with advice of council, to bring two separate resolutions to council for consideration: one for declaring the terminal smoke free and the other to provide an enclosed ventilated smoking area near the terminal entrance. Williams noted action was needed on prior motions or the maker of the motion could withdraw the motion or make a friendly amendment requesting two separate resolutions. Swarner stated she did not want the ventilated smoking area. Williams directed the vote be taken on Swarner's motion to bring a resolution forward declaring the terminal smoke -free. VOTE ON MAIN MOTION: Swarner: Yes Moore: Yes Measles: No Bannock: Absent Smalley: Yes Williams: No Bookey: No MOTION FAILS. KENAI CITY COUNCIL MEETING MINUTES JULY 11 1998 PAGE 14 Williams suggested two separate resolutions be brought to council at their next meeting; smoke free and ventilated smoking area. MOTION: Councilman Smalley MOVED to bring both alternatives as resolutions to council at their next meeting. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Citizen Complaints - Williams reported he has received numerous complaints, witnessed numerous incidences and had many discussions about the location and behavior of mentally handicapped citizens of the community. He added, along with their rights being the same as everyone's, they also have the right to proper supervision, treatment and care. He was concerned that many of these citizens are becoming dangerous to themselves and others because of the lack of supervision and care. Williams added, there has been a policy developed by the federal government through several housing programs that allows supplemental rentals for these people, as well as outright grants of foreclosed properties. Whether realized or not, they are proliferating more and more throughout the community in homes, apartments, commercial and residential neighborhoods. Incidences taking place have included a person jumping out in front of a moving vehicle, suicide, setting fire in an apartment, and destruction of property. Williams asked Graves if there is a connection with this type of housing facility as a business or halfway house. He noted his concern there may be some legal obligations or implication of legal obligation to the city. Graves stated he didn't think there were legal obligations to the city. However the ability to zone mentally handicapped is greatly restricted by the Fair Housing Act. It is virtually impossible to zone out housing for mentally impaired people. He added, HUD would come down hard on any community doing this. The number of people living in a house could be restricted, but it would limit the amount of people whether mentally impaired or not. It is really a matter of contacting the supervising agency and not a zoning issue. Chief Morris stated he was not aware of how many complaints had been received however his impression is the number seems to be increasing. He discussed complaints with Bob Watts in regard to supervision of a particular housing facility and was told changes were being made. KENAI CITY COUNCIL MEETING MINUTES DULY 1, 1998 PAGE 15 Ross noted he had several discussions with citizens and he encouraged them to file complaints with the Kenai Police Department. The Chief will pass the complaints on to the placement/ supervising agency. If appropriate action is not taken by the agency, the funding agencies will be notified. Ross added he didn't see this as an interference to fair housing and felt it was the only approach the city could take. Williams added, his question about halfway houses was asked because they are buildings purchased by a private group specifically for that purpose and run like a business for profit. Graves stated the courts have stated it is like owning a house and renting it out. Moore asked if someone has violated the law would they be charged for those violations. Morris answered yes and some charges have been made. Swarner suggested when council is requested to write letters of support for funding agencies, and there have been complaints, no letters of support be written. Smalley suggested a newspaper article (condemning the agencies, not the people) might help in bringing the concern to the funding agencies' attention. Morris added, Mr. Watts told him approval has been received for use of a building in Soldotna where 24- hour monitoring will be available for more serious cases. b. Public Health Building - Williams reported he had a discussion in regard to the hospital acting in a joint venture for the health facility. He understands an answer is to be received from the Hospital Board and the Borough Assembly by August 15. However, the Board took no action at their last meeting. This will delay the process. Ross stated he understands the matter is to be forwarded to the Hospital's Strategic Planning Committee for a recommendation to the Board. Williams stated he was concerned about the time line for the process. If it is delayed into September, it will be a full month behind. Williams suggested the city develop a contingency plan by investigating other potential partners. Williams added, a Request for Proposal could be developed and ready for distribution if no action is taken by the August 15 deadline. The hospital could still participate by submitting an RFP. Williams noted there are members of the medical community also interested in the venture and would be willing to invest in the development of the facility. Swarner stated she understood Williams' concerns. She noted her understanding is the state would try to find additional funding if needed. She added, she was not ready to go to another group at this time, but was disappointed the Board did not move forward on the matter. Williams noted, he was asking for an RFP to be prepared in the event there is a delay. Measles agreed that would be a good step and if it comes to that, the Borough could still respond through the RFP and probably could work a lot faster through an RFP than politically. Williams added, the city would reverse the position it is in now KENAI CITY COUNCIL MEETING MINUTES i JULY 1, 1993 PAGE 16 (donating the property and the Borough owning the facility) . The city's new position would be to donate the land, build the facility and own it unless one of the responders to the RFP was willing to invest funding with the city's donation of land. The responder could then build the facility and give the Public Health Center a 99-year lease at a stipulated rate. Ross stated if the process breaks down at the -Hospital Board, the state would still need to participate with the city in the development of the RFP. He added, the state (Department of Health & Social Services) has a plan as to what they want to be included in the structure, i.e. space, utilization, etc. This in turn would impact the design of the remainder of the building. Williams noted he wanted a back-up plan developed. Smalley suggested the city discuss these concerns and express the city's intentions with Health & Social Services. Ross stated he would talk with them and let them know if there are other delays, the city will work with them in developing the RFP. Measles stated he would like the RFP ready for distribution as soon as it becomes apparent progress with the Borough is stopped for this year. There were no objections from council. C. Russian Visitors - Williams reported he would be touring a group of Russians through the city on Thursday. d. Mayor and Council Members' Compensation - Williams requested administration to prepare an ordinance, under the terms of the Charter, to raise the pay of the Mayor to $1,000 and Council Members to $500 to take effect after the election. He noted, it has been many years since the salary was set at $500 and $250 and there are costs involved that are not apparent from the onset (cell phone costs, time, etc.) . Williams added, he did not run for Mayor for the money and his bringing the subject to council does not indicate whether he will run for re-election. e. Mayor/ Council Benefits - Williams explained, all elected officials in the State of Alaska, after serving five years, may receive a minimal pension. However, because of government bureaucracy, council is eligible for pension benefits, but he (personally) is not. Williams added, he discussed his questions with the Pension Board and asked them how much more pension he would receive if it was calculated at 15 years of service at $500 gross pay. The Board figured it to be approximately $200 a month x 15 years = $36,000. Williams requested council to consider a compensation package for him, equaling that offered to council members. If he is re-elected and his pay increases to $1,000 a month for three years of service, 36 months over the term of office would be put into a deferred compensation account. KENAI CITY COUNCIL MEETING MINUTES i JULY 1, 1998 PAGE 17 Smalley suggested it might be best to discuss the pension benefit issue after the election. If there is a change in mayors, that person may not be in the same position as Williams. Williams stated he didn't expect a decision be made at this time as there could be a change and a future council cannot be bound to a future decision. He added, he wanted to bring it to council's and the public's attention. But, because it is approaching the deadline, an ordinance would have to be introduced at the next council meeting and adoption at the following meeting in order to meet the filing deadline. Graves read the portion of the Charter and noted the deferred compensation package (which is considered compensation) would not become effective until after the next mayoral election. Bookey asked why the mayor's position is different from the council in regard to retirement. Smalley answered, if an individual is a member of retirement system (PERS or TERS), and goes back into a state system, the individual pays a penalty (everything plus 15%). Swarner asked where the additional money would come from in the budget. She added, she was concerned because the budget had just been approved and now a change would have to be made to it. Williams answered there is money in the contingency fund and in the Legislative budget (for purposes of lobbying, etc.). In regard to the pension matter, he did not care whether the payment would come once every three years, monthly for three years, or once at the end of three years. Discussion followed in regard to when the pension could be compensated. Ross suggested including an effective date of July 1, 19999 for the compensation portion. Graves stated it could appear the intent of the Charter is being skirted if a vote for compensation passes and doesn't become effective until after the next mayoral election. Ross explained if the ordinance were passed now, before the election, with an effective date of July 1999, the compensation funds would not begin until the new budget year. Graves stated he believed that would be acceptable. Williams requested two ordinances be prepared: one asking if the pay should be raised, the second to develop a method for a compensation package for him. Williams noted, because one council cannot bind future councils, he believed the retirement compensation would require a budget issue during the next budget session for that separate item instead of binding it over three years. Smalley asked if the council drafted an ordinance stating there would be an increase in compensation and it was passed before the next election, the only way a future council could undo it is by passage of another ordinance changing it to another amount. Graves agreed there was no prohibition to reduce a mayor's salary. Graves added, council should deal with the deferred compensation issue prior to the next election so it can become effective in July 1999. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1998 PAGE 18 Williams stated he wanted to solve the issue prior to the election so that the public understands what his intentions are. He asked administration to work out the details of the ordinances and bring them forward for introduction at the next council meeting. I-2. City Manager a. Airport Manager Selection - Ross reported a negotiated offer had been made to the candidate and included a reimbursement of transportation expenses. In the past, a not -to -exceed amount of $15,000 was offered. The candidate received a written estimate from a moving company that was higher than the $15,000. The candidate has agreed to keep the cost below the $15,000 and the $15,000 is acceptable to the candidate. Ross added if council had no obj ections, he would sign the transportation agreement with the candidate at the $15,000 level. No objections were voiced. b. Eamon Valdez Oil Spill (EVOS) Funding -Ross referred to Information Item No. 2 which was a letter from him to the Alaska Department of Fish &Game. He explained he received a letter from the EVOS Trustee Council. The letter informed him the city's request for funding for the north and south side parking had been turned down because the chief scientist felt the city had not done enough with the Department of Fish 8v Game to seek closure of the dip net fishery. Ross continued, his letter to Fish 8v Game requested their assistance in advising the EVOS Trustee Council the curtailment or closure of the fishery in the city has not been an option to the city. Ross added, Public Works Director Kornelis was working on other issues for non - funding and is preparing a recommendation for the August meeting of the EVOS Board. Smalley noted, in the past the city offered a signing bonus instead of referring to it as moving expenses and also incorporated a payback of the moving expenses to the city if the employee left the services of the city within a certain time frame. Graves stated since then, the Alaska Supreme Court offered the interpretation that an employee must be given a plane ticket back no matter how much moving expenses were offered in the hiring of the employee. The concerns of reimbursement of moving expenses evaporated when this interpretation was made. I-3. Attorney - No report. I-4. City Clerk - No report. I-5. Finance Director - Acting Finance Director Feltman reported Mr. Semmens was on vacation and would return to work on July 6. KENAI CITY COUNCIL MEETING MINUTES DULY 1, 1998 PAGE 19 I-6. Public Works - No report. I-7. Airport Manager - Acting Airport Manager Holland reported the Executive Summary of the Airport Master Plan was available to council. ITEM J: DISCUSSION J-1. Citizens -- None. J-2. Council Swarner - Noted there was still a lot of gravel on the bike path between the dustbowl ballfield and Princess Lane. She also noted she had been to the dock and it looked very nice. Moore - No report. Measles - No report. Smalley - Smalley reported the city looks good. He complimented Parks 8� Recreation and Public Works for doing a great job throughout the city. Williams - No report. EXECUTIVE SESSION - Evaluation of City Manager. MOTION: Councilman Smalley MOVED to convene in an executive session of the council of the City of Kenai, concerning matters that tend to prejudice the reputation and character of another specifically for the evaluation of the City Manager and requested the City Manager to attend the meeting with the council. There were no obj ections. SO ORDERED. It was noted Councilman Bannock had arrived and he was asked to join council in the executive session. BREAK TO EXECUTIVE SESSION: 9:20 P.M. BACK TO ORDER: 10 :5 5 P.M. Councilman Measles reported the council met in executive session for the performance appraisal of the city manager. The council was unanimous in praising Mr. Ross for the job he's done and will keep him around for a little while. l KENAI CITY COUNCIL MEETING MINUTES DULY 1, 1998 PAGE 20 ITEM K: ADJOURNMENT The meeting adjourned at approximately 10: 56 p.m. Minutes transcribed and prepared by: APPROVED BY COUNCIL Carol L. Freas, City Clerk DATE Ty CLERK