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HomeMy WebLinkAbout1998-09-16 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 16, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us/ ITEM 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. ITEM B: ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) PUBLIC HEARINGS Ordinance No. 1793-98 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for Public Library Assistance Grant. Ordinance No. 1794-98 -- Appropriating $100,000 for an Airport Expansion and Development User Interest Survey. Ordinance No. 1795-98 -- Increasing Estimated Revenues and Appropriations by a Net Amount of $96 in Two Senior Citizen Funds. 4. Resolution No. 98-62 -- Adopting an Alternative Allocation Method for the FY99 Shared Fisheries Business Tax Program and Certifying that This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. 5. Resolution No. 98-63 -- Setting the Public Hearing Date on the Proposed Crow Court Paving District. 6. Resolution No. 98-64 -- Listing the City's Alaska Department of Administration FY 2000 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. 7. Resolution No. 98-65 -- Encouraging the Use of the Port of Homer as � the Port of Call for the M/V Kennicott During 1999 and Subsequent Years. 8. Resolution No. 98-66 -- Declaring Certain Equipment, Supplies, and Materials Surplus or Obsolete. 9. *1998/99 Liquor License Renewal -- New Peking Restaurant -- Restaurant/Eating Place. ITEM D: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning $v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report 1. *Regular Meeting of September 2, 1998. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS 1. Approval -- James Carter Professional Services Contract ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1796-98 -- Finding That Certain City -Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, is Required for a Public Purpose. 4. Discussion -- Vintage Pointe Residence Requirement Change. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 16 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z Zwww.cl.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7: 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: Smalley, Williams, Swarner, Moore, Measles and Bannock. Absent was: Bookey. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: Item C-2, Ordinance No. 1794-98 -- R. Lambourn letter In regard to the expenditure for a user survey. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. 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. There were no objections. SO ORDERED. Williams noted a copy of the verbatim of the September 2, 1998 Board of Adjustment hearing was available for council on the table as well as their packets for the upcoming joint work session with the Planning & Zoning Commission and Historic District Board scheduled for Monday, September 21, 1998. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 2 ITEM B. SCHEDULED PUBLIC COMMENTS -- None. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1793-98 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for Public Library Assistance Grant. MOTION: Councilman Moore MOVED for approval of Ordinance No. 1793-98 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1794-98 -- Appropriating $100,000 for an Airport Expansion and Development User Interest Survey. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1794-98 and Councilman Smalley SECONDED the motion. Herb Schann -- 1506 Toyon Way, Kenai. Schann stated he opposed the appropriation of the $100,000. He continued, he believed the appropriating of the funds is a way to get a project started that could be very destructive to the quality of life in Kenai. He noted, the citizens have not been asked if they want the expansion of the airport. He added, he believed it is the job of the council and the citizens to preserve a good quality of life. At this time, the touch -and -goes by airplanes are already intrusive in the lives of citizens and even if the airport were moved two miles away, it would not be an improvement. Schann added, he believed the funds for this proposal should not be wasted no matter what fund it comes from and is a proposal that ignores the citizens and the quality of the people who live in Kenai. As guardians of the welfare of Kenai, he requested council reject the $100,000 and focus their attention on getting the opinion of the citizens of the community. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 3 Williams read into the record a letter from Rebecca Lambourn, distributed at the beginning of the meeting. It read: It is my understanding that there is a proposal to spend $100,000 on a user survey for refueling large jets at an expanded Kenai airport. I feel that money spent on this project is wasteful and neglectful on the impact upon quality of life for the citizens of Kenai. It would be more responsible for money to be spent upon studying the effects of excess noise upon the quality of life and mental health of people living near the airport. The effect on property values and pollution should also be considered before a user's survey is done. Most importantly, the issue of safety for those living near the airport needs to be addressed. We have already had an incident in which a small aircraft crashed into a home near the Kenai airport. There seems to be an assumption by the city that sometime soon we will need to handle jets at the Kenai airport anyway to handle traffic. However, we cannot currently sustain even two small passenger carriers. It is the trend in most of the United States for small population areas and even moderately sized towns to be served by larger hubs with connecting small carriers, with no need for jets. It has also been proposed and reported in the Anchorage Daily News that the existing airport may be moved to an area two miles to the north of its present location. This puts the burden of annoyance and risk on the northern Kenai neighborhoods that are still too near the proposed location for safety and noise aggravation. Will our city be faced with the possibility of having to buy out whole neighborhoods? More importantly, the current noise levels resulting from Kenai airport traffic needs immediate action. There has been a drastic increase in the frequency and duration of military training, "touch and go landings" in the latter half of this summer. For example, last Wednesday, evening, from 5:00 until 8:00 P.M., a C-130 practiced repetitive low, tight, slow turns directing over our houses in Redoubt Subdivision. Every five minutes we had to stop conversation, phone calls and have our relaxation disturbed until the noise abated. We had to abandon a pleasant summer evening outdoors and go inside and shut all windows and doors. Our rights to a relaxing evening family time after a long day were violated. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 4 The following day during the late morning a military helicopter circled over our house every four minutes for an d hour and a half. Ten minutes after it went away, the C-130 showed up again circling every six minutes for much of the afternoon. My daughter was at home with a severe headache trying to get some rest so that she could return to school, and the incessant circling of a very loud airplane over our home was unnerving and harassing. We ended up turning on very loud fans to try to overcome the noise. This military training over the tops of our homes has become a daily occurrence, sometimes three times a day and carriers on for several hours. If this is any indication of what it would be like living underneath circling DC- 10's or 747s, and they do frequently need to circle, all of us in Kenai will be suffering. Let's try to alleviate the current noise aggravation and safety risk to our homes and families before we expose ourselves to anymore. Thank you, S/ Rebecca Lambourn Smalley asked if the Airport Commission has discussed the expansion of the airport, the Airport Master Plan, etc. Measles answered, yes, the Commission has discussed the matter and met with Mr. Carter and discussed the proposal. He added, the previous Airport Master Plan discussed the expansion of the airport, however it was taken out of the recently updated Plan. Measles noted, this project would be considered a new airport project and not be an expansion of the existing airport and therefore would not be covered in the Airport Master Plan. Measles added, all the Airport Master Plans have been subject to public hearings prior to the acceptance of the plans, each time they are changed. Councilwoman Swarner asked how often reports will be received from Carter. City Manager Ross answered, those requirements are included in the contract which appears on the agenda at Item G-1. Williams noted, due to the flue, Mr. Carter would not be able to attend this meeting and requested the matter be postponed. Measles suggested the matter be tabled until the next meeting when they reach G-1. Councilman Moore stated had been contacted by several citizens. He noted, when council discussed the project, it was determined it was not feasible to expand the existing airport and that may be confusing in regard to how the ordinance reads "airport expansion." Smalley stated, he believed any potential development at the airport could be considered expansion. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 5 Ross stated, the contract is to acquire a user survey. It is not appropriate to pre- suppose the results will be heavy jet traffic or necessarily that council will move the airport. It will look for options for airport expansion, what the market will be now and the future, and if movement of the airport might happen in the future, what type of aircraft would be using it. Williams commented, after listening to a recent candidate forum, he agreed with comments made by some of the candidates, i.e. when they decided to run for public office they thought they knew what the questions and answers were and after being elected they found they knew only about half of what they thought they knew, as well as administration, etc. Williams continued, it would be helpful if the public would comment during public meetings in order to have a clear understanding of what the present and future plans are for the city. Williams continued, in regard to the airport, the acquisition of the report will help in determining some of the answers for questions and concerns stated by Ms. Lambourn, i.e. mitigation of noise, review of the area to determine need, etc. Williams added, the baseline study will be used to determine many factors including possible total removal of the airport from the city and whether there is a position for the area to serve as a stopover point for heavy carriers hauling freight (knowing "the area" could encompass a major sector of the Peninsula when searching for the proper site) . Continuing, Williams stated, if a "go ahead" is received this year, it could be ten years prior to the opening of the proposed airport. If nothing is done between now and then in regard to the developing economy and changes in the world system, the city will be twenty years behind. Williams noted, the area is supported by oil and fishing and both industries are failing. As the tax base diminishes, something else will have to take the place of those industries. With the loss of tax base, the quality of life will be affected through lack of education for the children, lack of jobs, etc. Williams added, the city has been preparing itself for the future by putting in service industries, etc. However, the city will not be able to continue this or afford to do it in the future. Programs the city undertakes are necessary for the future of the entire community and Williams added, he believed the city was moving in the right direction. VOTE: Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 6 C-34, Ordinance No. 1795-98 -- Increasing Estimated Revenues and Appropriations by a Net Amount of $96 in Two Senior Citizen Funds. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1795-98 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. C-4, Resolution No. 98-62 -- Adopting an Alternative Allocation Method for the FY99 Shared Fisheries Business Tax Program and Certifying that This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-62 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED, C-5, Resolution No. 98-63 -- Setting the Public Hearing Date on the Proposed Crow Court Paving District. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-63 and Councilman Measles SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 7 VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6. Resolution No. 98-64 -- Listing the City's Alaska Department of Administration FY 2000 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-64 and Councilman Measles SECONDED the motion. There were no public or council comments. Williams noted the city in the past has pooled funds received from Capital Project Matching Grant Program and used them for street improvements. He added, the resolution stated the city will continue to take this direction and will match the amounts as required. VOTE: There were no objections. SO ORDERED. C-?. Resolution No. 98-65 -- Encouraging the Use of the Port of Homer as the Port of Call for the M/V Kennicott During 1999 and Subsequent Years. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-65 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-8. Resolution No. 98-66 -- Declaring Certain Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-66 and Councilman Measles SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 8 There were no public comments. Smalley asked if the crime prevention tapes could be donated to other communities on the Peninsula. Police Chief Morris stated he had not checked, however the Kenai library was not interested in the tapes. Also the tapes are outdated and require a 16mm projector to view them. Bannock asked if the bicycles are normally sold. Morris reported evidence is required to be held for two years. The bicycles were ceased or lost in 1996. He added, he believed they would all sell. Swarner noted one of the workers at the dock uses his own bicycle to get around quickly and asked if the worker could use one of the these bikes instead of his own. Kornelis stated he would check. Parks 8. Recreation Director Frates stated he didn't think bicycle use for his crews would be workable. It was noted the auction was scheduled for October 10. VOTE: There were no objections. SO ORDERED. C-9. *1998/99 Liquor License Renewal -- New Peking Restaurant -- Restaurant/Eating Place. Approved by consent agenda. ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Swarner noted all the apartments are full at the housing facility. D-2. Airport Commission -- Councilman Bannock reported he attended the meeting for Councilman Measles. The Commission discussed the construction of an outdoor shelter for smoking and decided no modifications should be made at this time. Bannock noted the Commission also discussed the Carter contract. The Commission asked to see the contract in order to recommend changes. D-3. Harbor Commission -- Public Works Manager Kornelis reported the Commission met on September 14. It was reported during the meeting, the city's mooring buoys would be pulled from the river between September 23 and 30. The launching ramp floats are scheduled to be pulled between October 5 and 8. Kornelis also reported the Commission discussed the extension of the boardwalk and may be included in the work session discussion on September 30. D-4. Library Commission -- Councilman Moore noted the minutes of the last meeting were included in the packet. The next meeting is scheduled for October 6. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 9 D-5. Parks & Recreation Commission -- Councilman Bannock reported, at their September meeting, the Commission heard a presentation from Nate Kiel and Rick Baldwin in regard to the multi -use recreational facility. During the discussion, Bannock reviewed the recent Board of Adjustment hearing and its affect on the golf course lots and how the sale of those lots involve the multi -use recreational facility. Bannock added, he urged the Commission, Kiel and Baldwin to use the information to explain the facility will be built through the potential sale of the lots. Bannock noted, he discussed briefly the moratorium council had placed on appointments to boards, commissions and committees until after the September 30 work session. However, the Commission requested consideration be made to go ahead and make an appointment to the Commission for a student representative. He added, Matthew Peters had attended the commission meeting to observe and submitted his application for appointment. Williams agreed. Council had no objections to the appointment of Matthew Peters to the Parks & Recreation Commission as its student representative. D-6. Planning & Zoning Commission -- Smalley noted the minutes of the August 26 meeting were included in the packet as well as an action agenda of the September 9 meeting. Smalley reported the PZ resolution amending the conditional use permit code brought about a lot of discussion. The residents felt the resolution amending the code brought more leniency in the issuing of conditional use permits. The matter was continued to the next PZ meeting in order to readvertise and hear more comments. Smalley continued, a variance to a home for storing drywall material and tools failed. A cabin rental permit was amended to indicate it was a cabin rental as well as a guiding service, allowing no more than three boats. Also approved was the recommendation to make the Etolin property (to be used for the health center) available for public use. Smalley also reported the Commission discussed the review and possible changes to Title 14 and asked if council would consider meeting in work sessions with the Commission to do this work. Swarner reported there are several non-functioning vehicles on the property at Third and Birch Streets. She asked if this concern has been on the code enforcement list or if it had been removed from the list. Smalley stated he believed it has been on the list and administration had contacted the owner and asked if it was a place of business. The owner stated it was not. Swarner noted 695 Sycamore was listed on the code enforcement list and she felt the property at First and Birch was in worse condition than the Sycamore property. Williams reminded council of the work session scheduled for September 21 and stated the discussion of setting work sessions with P&Z in regard to Title 14 would KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 10 be discussed briefly at that time. Williams also noted an application from Ozzie Osborn was included in the packet. He added, Osborn had served on the Commission in the past. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported an additional flower bed will be developed at the Leif Hansen Memorial Park and more roses (20 to 30 Sitka roses) will be included in the bed. D-7b. Historic District Board -- Councilman Moore noted the next meeting was scheduled for September 21 immediately after the joint work session with council and the Planning 8. Zoning Commission. D-7c. Kenai Visitors & Convention Bureau Board -- No report. D-7d. Alaska Municipal League Report -- Councilman Smalley noted the information included in the packet regarding the Investment Pool of which the city is a member. Councilwoman Swarner noted nominations for Elected Official of the Year or Outstanding Employee of the Year need to be submitted at the end of the month. ITEM E: MTNTTTES E-1, Regular Meeting of September 2, 1998. Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS G-1. Approval -- James Carter Professional Services Contract It was noted earlier Mr. Carter was ill and requested the matter be postponed until the October 7, 1998 council meeting. MOTION: Councilman Measles MOVED to postpone Item G-1 to the next regular city council meeting and a copy of the contract be mailed as soon as possible to the Airport Commission and if they want to discuss the contract in a meeting, allow them to call a special meeting prior to the next council meeting. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 11 ITEM H. NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED for approval of the purchase orders exceeding $2,500 and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1796-98 -- Finding That Certain City -Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, is Required for a Public Purpose. Introduced by consent agenda. BREAK TAKEN: 7:51 P.M. BACK TO ORDER 8:05 P.M. H-4. Discussion -- Vintage Pointe Residence Requirement Change. MOTION: Councilman Measles MOVED to table Item H-4 until the next regular council meeting. Councilwoman Swarner SECONDED the motion. Measles noted he was concerned with the one -month residency requirement and having no other restrictions. He asked, what would there be to prevent the housing facility to become a motel. He requested Attorney Graves investigate any legal way to place restrictions, i.e. changing the one -month to a six-month residency. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, ITEM I: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 12 I-11 Mayor a. Kenai Mall Remodel -- Williams reported he reviewed the remodeling of the Kenai Mall which is being done to house the one -stop -shopping for State agencies. He noted, approximately 50 employees will be housed there. He also noted he spoke with the commercial leasing agent for Carr-Gottstein Properties (Bob Martin) about the city's desire to have Sears move into the Mall as well. Martin stated they are also working to get Sears move into the building. Martin suggested Williams write a letter to Sears to forward the city's interest in having Sears move into the city. Williams requested council's permission to write to Sears. Council had no objections. b. ARFF Opening Ceremony -- Williams reported he ordered plaques for several Alaska legislators, as well as Senators Stevens and Murkowski to present at the opening ceremony. He noted approximate cost for the plaques would be $650. C. Candidate Forum -- Williams invited council and audience to attend the candidate forum to be held for Kenai mayoral and council candidates at next week's Chamber luncheon. d. Challenger Center -- Williams reported the project is progressing fairly well. Designs and pictures have been submitted by the architect which will aid the Challenger Group in obtaining funding for the project. I-2, City Manager a. ARFF Change Orders -- Ross reported change orders for the ARFF project will be brought to council in the near future. He noted, some of the change orders are for overages and others for under costs. He added, the change orders are now at FAA being reviewed for grant eligibility. Ross noted, it is hard to turn down a change order when the city is paying only three percent of the costs. Ross continued, one of the issues will be the wall panels. There is some argument whether the defect is in the architectural design, the installation or the manufacturing of the panels. He added, he did not want to force a reinstallation if the same arguments will arise. b. Multi -Use Recreational Facility -- Ross reported he would be signing a purchase order using Land Administration funds to cover preliminary site assessment work for the parking lot design, building layout, etc. for this facility in relation to the Challenger facility and the high school. He added, even though there is no capital account and the property has not been sold, the work needs to be done at this time. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 13 I-3. Attorney City Attorney Graves reported Alaskalanes has signed a payment schedule with the city and is now current. Upon receiving notification from the Borough that they are current with those accounts, the matter will be brought back to council. City Clerk a. Student Government Day -- Clerk Freas reported she received a telephone call from one of the Government teachers at the high school. His suggested dates for Student Government Day were October 21, November 4 or 18. Freas requested direction from council. b. Absentee Balloting -- Freas also reported absentee balloting would begin on Monday, September 21. She will be able to vote people from Kenai, Salamatof and Nikiski precincts. b. Initiative Petition -- Referring to a memorandum included in the packet, Freas reported an initiative petition was being circulated by a member of the community who is interested in having term limits for council and mayoral positions. Because the inclusion of term limits would affect the Kenai Charter, a vote of the people would be required. She noted, if the petition is returned and found legal and sufficient, a special election will have to be held on the subject because it is too late to include the question on the October 1998 ballot. Freas continued, she and the city attorney discussed the possibility of submitting an ordinance to amend the election code to allow for special elections by mail. She noted, the Kenai Peninsula Borough has had success with by -mail elections. Advantages to by -mail elections include better turnout, ballots are mailed to all registered voters in the city, and potentially less cost. Freas noted if council had no objections, an ordinance would be on the October 7 agenda for introduction. Measles asked if the ordinance would be specific to this petition or would it be to include a section in the code to allow for by -mail elections when needed. Freas noted, the inclusion would be used for this potential special election and others in the future. C. Community Council -- Freas reported she received a telephone call from Midge Clouse at the Department of Community 8v Regional Affairs. Clouse reported to her a group of people from the City of Kenai had contacted DCRA in regard to the possibility of forming a community council. She forwarded them some information on the subject and stated she would attend a meeting with the group in Kenai. Since the meeting, Clouse telephoned again and reported she discussed the role of community councils (noting those in Anchorage were formed and funded by the municipality) in regard to local government with the group at the meeting. She also noted she would be available for training for council and commissions if desired. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 14 I-5, Finance Director -- Acting Finance Director Feltman reported the finance director was on vacation for two weeks. I-6, Public Works a. Habitat for Humanities Request -- Public Works Manager Kornelis reported Habitat for Humanities has requested the city add to its pavement repair list the asphalt cut made in front of the home they are building along Fourth Avenue. Estimated cost of the repair is $350. Kornelis added, Habitat is requesting the city to pay for the repair costs. b. STIP Funding List -- Kornelis reported he recently spoke with DOT regarding the rehabilitation of Forest Drive and Redoubt Avenue. He was told the time schedule for the project had not changed, but may move up on the list but most of the work will be done in Year 2000. Kornelis also reported the re-evaluation of Funny River Road was due to the high maintenance costs and because its upgrade is a top priority of the local DOT. Kornelis also reported the new project nominations for the 2000-2002 STIP program are due on October 12. These projects will be discussed with council at the September 30, 1998 work session. C. Kornelis reported he toured representatives of the Exxon Valdez Oil Spill Advisory Board around the dunes project, the parking lot at South Spruce and the beach and looked from the bluff at the South Kenai River access road and parking lot. He noted, the representatives were very pleased with how the EVOS funding was spent for the dunes project and seemed very receptive to the proposed parking lot expansion at South Spruce. Kornelis added, the representatives were also very impressed with the city's Mission Street project. Measles asked if the city repaired the pavement along Fourth Avenue, would it be setting a precedent for other contractors when installing utilities. Graves stated it was the first time he had heard about the request. He added, he was not sure why the contractor would not be required to pay for the repair. Kornelis explained, he did not know the relationship between Habitat and the contractor placing the water/ sewer lines (perhaps donation) . He added, he was wanting to get the pavement paved and spoke with a Habitat representative who was to investigate whether the contractor was to have it paved or not. The representative telephoned him and said there was no arrangement between the contractor and Habitat to have the area paved and if the city did not do it, they would have to find a contractor to do it. Kornelis added, if required, Habitat would have to pave the road. Measles asked if contractors are to get a permit from the city to make a pavement cut on a city street to make water/sewer connections. Kornelis answered, yes. If the city KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 15 does not make the donation, he would contact Habitat and make sure they have the paving done. Ross added, in this case, Habitat is the responsible party. Swarner asked who applies for the permit to cut the pavement, the contractor or the owner of the building. Kornelis answered, it could be either one but in this case it was the contractor. Swarner asked why the contractor was not responsible to repave the area. Kornelis answered, they would. However the contractor is not a paving contractor and would have to hire a paving contractor to do the patch work. If the city does not do the paving, he would contact the contractor to inform him the paving needed to be done. The contractor would approach Habitat for the extra funding to hire the paving contractor. Ross reported it had been explained to him the contractor services had been donated to Habitat. The pavement patching was not included. It was his understanding Habitat had accepted the responsibility to have the area paved. Habitat has asked the city to donate the cost when the city is doing its regular paving projects. He added, even if the council says no, the city would inform Habitat when the city will have paving done so they may be able to schedule their work at the same time, saving some of the cost. Measles stated he didn't object to making a donation, but was concerned of the precedent it would set to other contractors and where would the line be drawn. He added, he would prefer to have Habitat be required to do the paving. Measles noted, the city has made several in -kind and other donations to Habitat in the construction of several homes in the area. Swarner agreed and added she would prefer someone else pay for the paving and not the city. I-7. Airport Manager -- Director Atha reported the float plane revenue and expense information requested was being collected and would be brought to council in the near future. Williams requested Atha obtain take -off and landing information for the float plane basin from FAA. Smalley asked if Atha had any further discussions with other commuter airlines who might include Kenai in their operation. Atha answered, Yute is not enthusiastic, however he has talked with an operator (who wants to remain anonymous at this time) who is interested. ITEM J: DISCUSSION J-1. Citizens -- None. J-2. Council Bookey -- Absent Swarner -- Thanked Attorney Graves for the litigation report. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 16 Moore -- Noted a political sign streamer was attached to the City of Kenai welcome sign at the corner of Kalifornsky Beach and Bridge Access. Moore requested letters be sent to people who have applied for appointment to boards, commissions and committees to thank them for the application and inform them the application will remain on file. Measles -- Reported he would be out of town for the September 21 work session. Bannock -- Reported the street lights from Kenai Electric past the intersection of Forest Drive do not work and requested they be reported to DOT. Swarner noted the Street light at Norman and Rogers Road was in need of repair. Williams reported the street light at Willow and Lake Street was needing repair as well. Smalley -- No comments. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 8 : 3 5 . Minutes transcribed and submitted by: Carol L. Freas, City Clerk BY COUNCIL Al? - czzi6K�/- MATE &TY CLERK