Loading...
HomeMy WebLinkAbout1996-01-03 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 3, 1996 7100 B.M. KENAI CITY COUNCIL CIiA1l8ER8 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. Be SCKEDULED P RLIC COiGIENT (10 Minutes) Co gUBLIC HEARINGS • 1. Ordinance No. 1670-95 - Amending KKC Section.....23.35.020 to Subject Employees to Disciplinary Action for Failure to Comply with the City's Drug and Alcohol Abuse and Testing Policy or Failure to Comply with City, State or Federal Safety and Health Law, Regulations and Policy. 2. Resolution No. 9s-so - Supporting the Completion of the Kenai Spur Unity Trail Pedestrian/Bike Path and the Kenai Spur Highway - Expansion- Project, -_in.__the__Phases--- as Originally Scheduled, as a Number -One Priority on the National Highway System. a. Remove from table. b. Replace with Substitute Resolution No. 95-80 - Supporting the Kenai Spur Road: Mile Post (MP) 0- 2.8 Project, as a Number -One Priority on the National Highway System Program. c. Consideration of substitute resolution. 3. Resolution No. 96-1 - Supporting the Renai Spur Unity Trail Pedestrian/Bike Path Project as a Number -One Priority on the Trails & Recreational Access for Alaska (TRAAK) Program. 0 -- 1 4. Resolution No. 96-2 - Transferring $3,765 in the General Fund for Surveying Dena'ina Point Estates Subdivision. 5. Resolution No. 96-3 - Supporting the Kenai Beach Road as a Number -One Priority on the Community Transportation Program (CTP). 6. Resolution No. 96-4 - Supporting North Forest Drive/Redoubt Avenue as a Number -One Priority on the Community Transportation Program (CTP). 7. Resolution No. 96-5 - Formally Accepting a Municipal Grant From the State of Alaska, Department of Administration in the Amount of $355,975.74 for Kenai Water and Sewer System Improvement Projects and Accepting the Conditions of the Grant Agreement. 8. *1996 Liquor License Renewal Application - Uptown Motel VIP Lounge - Tourism/Uptown Motel Backdoor - Tourism Duplicate. D. -COHNIfigSONICOMMITTER REPORT_B 1. • 2. Council on Aging Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees i. *Regular Meeting of December 20, 1995. $. NNW MOI,,.NE98 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 0 -2- *Or dinance No1671-96 - Finding that a portion o ioshof on 3. • Subdivision a Tract C, Daubenspeck Property Attachment A) Is Not Required for Public Purpose. q, Discuss iOa - Setting Public Hearing Date/Thompson Park Sewer and Water Special Assessment Distr a 5, Dieaussi on - State Transportation Needs and Priorities in Alaska. g, Discussion - City Manager's Reports- _Assessment Dis trict for Kenai River Bank Restorationct OSed-bGroup the Beaver Creek Bank Restoration and petition. I . 1. Mayor.:. 2. City Manager 3. Attorney q, City Clerk ' 5. FinancpublicEWorksc tor 6. Director 7. Airport Manager J. 01 musp- ON 1. Citizens (five minutes) 2. Council s. bDJOORO 0 _3- KENAI CITY COUNCIL - REQULAR MEETING 0 JANUARY 31, 1996 7100 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J 9 WILLIAMB, PRESIDING Mayor Williams called the meeting to order at approximately 7:01 P.M. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Bannock, Smalley, Williams, Bookey, Swarner, Moore, and Measles. A-5. womm APPROVAL Mayor Williams requested the following changes to the agenda: ADD Ass B-1, Persons scheduled to be Hoard - Steven Dempsey and Mark Borzych/Handy Works (identifying of and marking beetle -kill trees on city property. ADD TO: H-6, Proposed Assessment District Discussion - Additional information - JW letter supporting restoration funding applications. ADD As$ H-7, Contract for Lobbyist Services ADD To: I2040, Cleskes Report-- Corrected informat on -from Division of Charitable Gaming -- Gross receipts from. years 1993 and 1994. ADDS Information Items - Draft letter to Gene Burden - city response to his letter regarding water well development funding; and, draft letter to Senator Stevens in regard to proposed aircraft fire fighting school. MOTION: Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. so ORDERED. A-s • • Mayor Williams reported he had no changes to be made to the consent agenda. • KENAI CITY JANUARY 3, PAGE 2 NOTIONS COUNCIL MEETING MINUTES 1996 Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. 00 ORDERED. � .:_ � 1 � � 1� : • vim_ -. ��_ - B-1. Steven Dempsey and Mark Borsyah - (This item was added to the agenda at the beginning of the meeting.) Mr. Dempsey referred to a letter which was included in the packet as Information Item No. 5. Dempsey introduced himself and explained that Handy Works is a group of seven Nikiski High School students that formed a, business through the Economic Development District and the Boys & Girls Club. The program is educational and with an emphasis on learning practical business skills. Mark Hodgins is their adult supervisor. iDempsey further explained that Handy Works would conduct a timber survey, identifying and marking spruce beetle infested trees for $15.00 an acre and larger plots at $10.00 per acre. Members of Handy Works are receiving training from local timber operators and State of Alaska foresters. Mark Borsyah - Mr. Borzych informed council that he has some experience in timber harvesting through his family business. Borzych added, he felt comfortable that their group could do the service for the city. Handy Works has insurance coverage through the EDD and Boys & Girls Club and to his knowledge, they would not be breaking any child labor laws in order to do the service. The project is directly related to their schooling. They will be applying what they learned in training to the completion of a project. Councilman Smalley asked if the city's insurance requirements would be met. City Attorney Graves answered the council set a policy that workers' compensation and liability insurance is required for contractors working on city property. Unless council wants to amend their policy, they would be required to carry the insurance. Mr. Hodgins reported that the group would be covered through the EDD and Boys & Girls Club insurance policies. • Mayor Williams stated he believed the work study program could be worked out. The group would not be cutting timber. His vision • KENAI CITY JANUARY 3, PAGE 3 COUNCIL MEETING MINUTES 1996 of the project would be to have the group work in conjunction with the survey to be done on the Dena•ina Point properties. Smalley stated he did not believe it could be considered a work - release program through the schools as the students would receive payment for their service. Williams requested Administration to investigate whether the group would be covered by the EDD and Boys & Girls Club liability and workers' comprehensive insurance. Williams asked if Handy Works was formed through the EDD start-up program for small businesses. Hodgins answered yes. Williams stated he believed EDD would have a shared liability for the project and added, he believed it would be a prime situation for administration to investigate. Councilman Bookey stated he believed administration should do more investigation of what the city•s involvement in determining IS the beetle -kill trees, etc, is to be first (how much property, what money will be generated, etc.). Bannock suggested that if the Denalina property consisted of 100 acres, payment to Handy Works would be $1,000. Bannock stated he believed the insurance questions should be answered first before going ahead with a contract with Handy Works. Bannock added, he would like to see the project go forward. Councilwoman Swarner stated she also would like to have the insurance questions answered and agreed with wanting -a full report on all the steps needing to be taken and how they will be accomplished prepared prior to letting the contract. Williams requested administration to review the insurance and legal questions in regard to Handy Works doing the identification and marking of the trees. The report should be brought to council within a couple weeks. ITEM Cs PUBLIC HBARIN401 C-1. ordinance No. 1670-95 - Amending KMC Section 23.35.020 to Subject Employees to Disciplinary Action for Failure to Comply with the City's Drug and Alcohol Abuse and Testing Policy or Failure to Comply with City, state or Federal Safety and Health Law, Regulations and Policy. • • KENAI CITY JANUARY 3, PAGE 4 MOTION3 COUNCIL MEETING MINUTES 1996 Councilman Bookey MOVED for adoption of Ordinance No. 1670-95 and Councilwoman Swarner BECONDLD the motion. Colleen Canady - 520 Ash Street, Kenai. Ms. Canady stated she was not sure this was the appropriate time to state her concern. Canady stated she is aware of the city's police personnel who are involved in the D.A.R.E. program in the schools. She added, she felt it was contradictory to the school children to have a policeman encouraging them to stay away from drugs and alcohol, but have police officers driving in city police cars, smoking cigarettes and cigars. Mayor Williams stated the occupational safety and health regulations (federal, state or city) do not discuss smoking in veldcles. There are regulations in regard to smoking in buildings. It is a matter of policy within the Police M Department. This topic is not covered in the ordinance before them. Williams read the amendment to the existing ordinance into the record. Adding at item 15 of the ordinance: Failure to follow the city's alcohol and controlled substance abuse and testing policy as set forth in the City of Kenai Employee Handbook. Knowingly or negligently failing to follow federal and state occupational safety and health regulations and City law and policy regarding the same issue. Canady asked if the city had a policy in regard to smoking in city vehicles. Williams requested an answer from City Manager Manninen. Manninen stated, the city does not restrict any smoking in city vehicles. Canady asked why not. Manninen answered, we don't. It's simply a choice. There is no restriction by the council. The department heads do not require the restriction and it's not done. There are areas in buildings that are restricted from smoking, but other than that, it's like the overall alcohol and drug testing policies, you get into a very thin line what is public, what is private, what's is somebody's individual rights and the council has chosen not to restrict someone's right to smoke in a patrol car if they are the person in the car and they aren't holding meetings in the car where other people have to be in there. • KENAI CITY COUNCIL MEETING MINUTES JANUARY 31 1996 PAGE 5 C� �J Canady asked when the topic would come before council. Manninen answered it does not come before council on a regular basis. The issue that is before council is the overall commercial drivers, license requirement by federal law that the city is required to test CDL license holders which are basically people driving the graders and the vehicles in the Department of Public Works. That is the ordinance that is up for adoption and it received its second reading and within the next several weeks the administration will have a policy to the council on how that is to be enforced and the guidelines will be spelled out and there will be discussion on that then. Manninen added, he thought within the month, the guideline will be out. Unless there is other direction from the council, the guideline is the alcohol and drug testing program is going to be applied for the CDL licensees only in the DPW and the reasonable suspicion testing for police and fire, the way it has been in the past and is currently in effect, in no other more restrictive requirements for any other city employees. Canady asked how the general public could come before council in regard to police smoking in city vehicles, while in uniform, while on duty. Councilman Smalley explained that at the end of any council meeting under "Persons not scheduled to be heard." Additionally, the City Clerk could be contacted and request to be placed at "Persons scheduled to be heard" on the agenda. Manninen added the concerns could be addressed to council without being on the agenda by attending a public meeting. Discussion on the ordinance: Councilman Bannock asked if the rules, discussed in the second paragraph of Manninen's memo (which was included in the packet) meant that the rules would be brought before council for review. Manninen answered yes. Bannock added, he would like to have a broad discussion on the rules when they are presented, as he was not happy with the discussion which council had on the drug testing program in a previous meeting. Bannock stated he would vote for the ordinance amendment at this meeting, with the understanding that the rules will be before council for discussion. Manninen stated the rules would be presented at the next meeting, or the first meeting in February. e • KENAI CITY JANUARY 3, PAGE 6 COUNCIL MEETING MINUTES 1996 Williams suggested that council may be concerned that they are not aware of the rules, before enacting the law. Bannock agreed. Williams asked if there were other members of council concerned the law would be changed before seeing the rules. Manninen stated they plan to design the rules that CDL's will be required and testing will be required of CDL's based on federal law and that reasonable suspicion testing be continued for police and fire personnel. Testing would stop there and no one else would be tested in city employ. If council feels strongly, Manninen suggested they talk about it before the rules. Smalley stated his concern is when any city employee operating a city vehicle on city business constitutes a potential safety difficulty liability with the city. He realizes there are employee protections, but he would like the City Attorney to investigate the possibility of drafting a policy that would include any employee operating a city vehicle. Attorney Graves stated they internally have debated this issue a great deal due to council's prior comments. Case law has said that private industry can do certain things that government cannot. The Fourth Amendment does not affect private industry and states that government can only do certain things. Courts have said that, for public safety and highly regulated professions, they would make certain rules. Those highly regulated professions include bus drivers, pilots, train engineers, police and fire. Graves added, he has not seen any - case law which would categorize a regular drivers' license as a highly regulated profession. Graves stated he believes that they can place police and fire in the highly regulated profession and people with CDL's because they are commercial instead of ordinary operator licenses. He added, he and other attorneys believe that is as far as they are comfortable with going, unless the courts liberalize their interpretation. Graves added, he believes they could go to random testing for police and fire and certain other safety - sensitive positions within the city. Councilman Measles stated "reasonable suspicion" could be , extended to any employee in the city, whether they are driving a vehicle or sitting at a desk. That should not be in any jeopardy with the courts. Graves answered there is a lot of written material saying that legal scholars do not think that public employees "reasonable suspicion" will pass muster unless there is KENAI CITY JANUARY 3, PAGE 7 COUNCIL MEETING MINUTES 1996 some basis on which to base an actual problem. Graves stated he has discussed the matter with other people and has been told they thought it might work if the city could document drug or alcohol problems in particular areas with general members of city employees. Graves stated he was not aware of any department head who believes there is a drug or alcohol problem in their department. Graves stated he would investigate this further with more of an in depth analysis of whether or not they could go to reasonable suspicion for general employees. He mainly focused on random testing for people beyond police and fire. Councilwoman Swarner used as a scenario a city employee taking a group of youth to Alyeska to ski. Under what Attorney Graves had explained, the person driving the van would not have to be tested and would not have a CDL. Williams suggested that a requirement through an administrative policy could be that whoever is transporting members of the general public should be tested. Manninen suggested that requirement would be there if there were more than 16 passenger or bus. Manninen added, why would a city employee do it if there are more than 16 people, a private carrier could be hired and a fee charged to cover the cost of the bus* Bannock stated he could not go along with a separation of private and public employees and added that all city drivers should be susceptible to drug testing. He added, he would like to see all of the city employees be included in regard to drug testing. He would like to see the policy written and if a non -critical employee chooses to sue the city against the policy, it is the only way the law will be clarified. Bannock added, he believed it was wrong for a person working for the city of Kenai not having to be drug tested because he works for the city. Williams stated that Bannock was delving into an area of law that is much broader than what the city of Kenai wants to interpret. Smalley stated he would not suggest that every city employee be drug tested or that city employees who operate a city vehicle be randomly tested. He added, maybe a policy could be written to state if an operator of a city vehicle, outside of a CDL, is involved in an accident or who is suspected to have been involved in drug or alcohol use, that individual could be tested. Graves stated he would investigate the reasonable suspicion standard for general city employees. Graves added he understood Councilman Bannock's frustration, but his job is to tell council KENAI CITY JANUARY 3, PAGE 8 COUNCIL MEETING MINUTES 1996 what the law is. Losing a civil rights lawsuit would not be an inexpensive proposition. It would be attorney fees, five years' salary and retirement benefits, etc., which could add up to a $.5 million proposition. Graves added, he would rather have someone else pay the price and have the city learn from their mistakes. Smalley asked if having a policy as he suggested, jeopardize the city's liability. Graves answered it would limit the city's liability, but the problem would evolve when the city would try to test someone for reasonable suspicion. It is a very tricky issue and there are specific classes on teaching supervisors when to say they have reasonable suspicion. There is a lot of liability in falsely accusing people for using drugs, etc. Graves added, CDL holders are not automatically tested if they are involved in a vehicular accident. The federal government says if they receive a citation or if there is a fatality involved, then thel are automatically tested, no matter what. Councilman Measles referred to 'Causes for warning suspension or dismissal, item 311 and stated, unless a person sees or videotapes an employee doing one of those things, there is no way to discipline an employee for that item unless there is some way, under reasonable cause, to test that employee. It is a matter of the code, but there is no way to enforce it unless there is some way to test that employee. Graves agreed and stated it would be hard unless a co-worker saw another employee physically drinking on the job or smelled alcohol on their breath. Measles stated he was talking about drugs used within eight hours of coming to work. There is no way that an employee could be dismissed under that item unless there is some way to require the employee to be tested. Williams stated the testing was the big thing because in Item 3, should there be an accident in which the employee was involved, and a requirement for testing for drug use because the accident takes place, that would be the only way to know whether the employee tool: drugs. Measles agreed, and added, they are being told they cannot do a test even for reasonable cause for anyone other than police and fire department. Williams agreed, not under this policy. Measles noted, it doesn't say testing can be done in case of an accident. Williams stated his concern that council was being asked to make an amendment to the ordinance in which the testing policy ..s referred, before knowing what that policy is. Williams added, he . RENAI CITY TANUARY 3, PAGE 9 COUNCIL MEETING MINUTES 1996 thought administration was testing to see whether or not the council was interested in passing the amendment to the code before the rules were written. Measles stated he was concerned that there were employees being singled out who would be subject to drug testing, random drug testing, reasonable drug testing, and no one else can be tested or fall under that policy. Measles stated he disagreed with that. Williams suggested administration could write the handbook to cover all employees. Measles stated they were being told that could not be done. Williams asked then why were they delving into the issue if they couldn't cover all of the employees under one code. Graves stated that he believed Manninen had planned to say in the personnel manual what positions were subject to random drug • testing. That would be how employees would know whether they are subject to random drug testing. Measles stated that was fine, but it should go further that all employees of the city should be subject to testing for reasonable cause. Measles added, he agreed the random testing could get real touchy and that whoever orders it must be real sure before they order the testing. It should be able to be put on every employee of the city. Manninen stated they never said they couldn't do that, but that won,vt be the recommendation of administration. If that-'s what - council wants, -they need to realize that by doing it, there are added liabilities that the city may inherit by saying, we don't have to do random drug testing on all employees, but we choose to because we think it's the right public policy. If that statement is made and that direction is made, then they will write the policy to include CDL's, police, fire, reasonable suspicion and all other employees. However, Manninen added, he thought that would give the city added liability exposure, more heartaches and pain in the next two to five years. If council wants it written that way, they are the boss and they need to tell them to write it that way and they will write it that way. They are saying they don't recommend that it now because they don't want to be the first test case and don't want to experience those bad things in the next two to five years. They don't want to put their supervisors in the position of making a mistake and then they all 0 pay for it. • KSNAI CITY COUNCIL MEETING MINUT88 JANUARY 3, 1996 PAGE 10 Measles added, the ordinance was necessary whatever the policy is. He would like a policy written for government as an employer. Smalley stated he would support the ordinance because it is required. He added, he would like a policy from management that is best for the city. Williams suggested the law was being written before they knew what the policy would be. Measles stated they have to amend the ordinance, even without the policy. Random testing of CDLfs is understood, but he would like to see the policy expanded more like private industry under the same situations. Public Works Director Kornelis stated he had a draft of the policy available for council review. VOTE: Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes MOTION PROBED UNANIMOUSLY. BREAK TAKENs 8:00 P.M. HACK TO ORDERS 8:14 p.m. C-2. Resolution No. 98-80 - Supporting the Completion of the Kenai Spur Unity Trail Pedestrian/ -Bike Path and the Kenai Spur Highway -Expansion Project, in the Phases as Originally Scheduled, as a Number -One Priority on the National Highway System. C-2a. ROMOVe from table. MOTION: Councilman Smalley MOVED to remove Resolution No. 95-80 from the table and Councilman Bannock SECONDED the motion. There were no objections. 80 ORDERED. C-2b. Roplaae With Substitute Resolution No. 98-90 - Sugporting the Kenai Spur Road: Milo Post (MP) 0-2.8 Project, as a Number -one priority on the National Highway System program. • RENAI CITY JAMJARY 3, PAGE it MOTION: COUNCIL MEETING MINUTES 1996 Councilman Bannock MOVED to substitute Resolution No. 95-80 with Substitute Resolution No. 95-80, marked as Item C-2b on the agenda. Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT on the motion to substitute the resolution. There were no objections. SO ORDERED. Cato. Consideration of substitute resolution. MOTION: Councilman Measles MOVED for adoption of Resolution No. 95-80 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: 40 Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. 60 ORDERED4, C-3, Resolution No. 96-1 - Supporting the Kenai Spur Unity Trail Pedestrian/Bike Path Project as a Number -One Priority on the Trails & Recreational Access for Alaska (TRAAK) Program. MOTION! Councilman Smalley MOVED for adoption of Resolution No. 96-1 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Bannock stated he was not sure why the resolution came back to them as the project was already a No. 1 priority on the TRAAK Program. Bannock added, he did not feel it a No. 1 priority and would not support it. Councilman Smalley requested Bannock to support it as the funding would come from a different program than the highway project. Smalley added he would support the project and explained council requested Resolution No. 95-80 be separated and separate resolutions be brought to council for consideration. Councilman Measles stated he was not sure he would support the resolution. He added his biggest concern was the state could • KENAI CITY JANUARY 3, PAGE 12 COUNCIL MEETING MINUTES 1996 fund bike paths, but not fund the city's water well project, Bannock added his concern that the paths would deteriorate (in a short amount of time) like those previously built on Forest Drive. Williams stated he would support the resolution and added, the funding would come from 92-8 money which has already been budgeted. VOTES Bannock: No Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: No MOTION PASSED. C-6. Resolution No. 96-2 - Transferring $3,765 in the General Fund for Surveying Dena'ina Point Estates Subdivision, NOTIONS Councilman Measles MOVED for adoption of Resolution No. 96-2 and Councilman Smalley SBCONDED the motion. There were no public comments. Councilman Bookey asked if responses were received from other property owners of Dena•ina Point. Public Works Director Kornelis-stated only the one already reported which was from Dr. Hansen. Bookey stated he did not want to spend the money until administration comes back to council with a plan of what is going to be done and how it is going to be done. Bookey added he believed the project would cost more than what is thought and the project will be more substantial than thought. Bannock stated he thought the survey would allow them to go forward with a plan. Bookey stated he was concerned the money would be spent and kids would remove the flags and stakes before the timber project could be completed. Smalley stated he agreed with Bannock. That doing the survey • would get them to the next phase of the work. Smalley stated he would support the resolution. • KENAI CITY JAN[TARY 3 o PAGE 13 COUNCIL MEETING MINUTES 1996 williams stated he thought doing the survey liamwould be a way to his discussion with Tom get the property startedDowlin dof Princess Tours, Hotels and New Construction and the possibility of the future ture deveshoulopment of the property. Williams added, he thought the ne before the cost of the survey increased. It was suggested survey markers could espray-painted on the stubbed trees. it was also noted that there iswater on that side of the road. VOTE: Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes MOTION PASSED vIMIMOOSLY. is C-5. Resolution No. 96-3 - Supporting the Kenai Beach Road as a Number -one Priority on the Community Transportation Program (CTP). MOTION: Councilman Bannock MOVED for approval of Resolution No. 96-3 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED* C-6. Resolution No. 96-4 - Supporting North Forest Drive/Redoubt Avenue as a Number -one Priority on the Community Transportation Program (CTP). MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-4 and Councilman Bannock SECONDED the motion. There were no public comments. Bannock asked if, when this project would be completed, if North Forest Drivvewoo ldbe the width of South Forest sasked if • t Drive. Answer w y Bannock n • KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 14 South Forest Drive had sidewalks. Answer was yes. Bannock stated he would rather support sidewalks being placed on both sides of North Forest Drive instead of bike paths. Kornelis suggested that if that was what council wanted, the resolution be amended and remove discussion of bike/pedestrian paths in the third paragraph and replace it with sidewalks. Williams suggested a letter discussing the want of sidewalks instead of bike/pedestrian paths be sent to DOT so that changes can be made in the design. MOTION TO AMENDS • Councilman Bannock MOVED to amend Resolution No. 96-4 and replace "bike/pedestrian paths" in the third whereas with "sidewalks." Councilman Measles BECONDED the motion. VOTE ON AMENDMENTS There were no objections to the amendment. VOTE ON AMENDED MOTIONS There were no objections. 80 ORDERED. C-7. Resolution No. 96-5 - Formally Accepting a Municipal Grant From the State of Alaska, Department of Administration in the Amount of $355,975.74 for Kenai Water and Sewer System Improvement Projects and Accepting the Conditions of the Grant Agreement. MOTIONS Councilman Bookey MOVED for approval of Resolution No. 96-5 and Councilwoman Swarner BECONDED the motion. There were no public or council comments. VOTES There were no objections. 80 ORDERED. • KENAI CITY JANUARY 3j, PAGE 15 COUNCIL MEETING MINUTES 1996 C-8. 1996 Liquor License Renewal Application - Uptown Motel VIP Lounge - Tourism/Uptown Motel Backdoor - Tourism Duplicate. Approved by consent agenda. XTRU Dt c4MM3BBTONICOMMITTEF RE ORTB D-1. Council on Aging Councilwoman Swarner reported the Council on Aging would have a meeting on January 23, 1996. Mayor Williams referred to the memorandum included in the packet in regard to renewal of terms. Williams asked if council had any objection to continuing the terms of Al Pease, Georgetta Funk and Joanna Hollier on the Council on Aging. There were no objections. Williams requested notice to those members be sent by the Clerk. •Z. airport D- i ort Commission Councilman Measles reported the Commission would meet on January 11, 1996. Williams referred to the memorandum regarding term renewals. There were no objections to renewing the terms of Barbara Edwards and Bonnie Koerber on the Commission. D-3. Harbor Commission Councilman Bookey reported the next meeting of the Commission would be held on January 8, 1996. Williams referred to the memorandum regarding term renewals. Council had no objections to renew the terms of Will Jahrig and Michael McCune. D-4. Library Commission Councilman Moore reported the Commission met January 21 1996. A Building Committee was set and they scheduled a meeting for January 4. They elected chair and vice -chair positions. Bob Peters and Lorrene Forbes were elected to those positions. The next meeting of the Commission will be held on February 7. Williams referred to the memorandum regarding term renewals. Council had no objection to the renewal of terms for Janet L. Brown, J. Vincent O'Reilly and Janice Rodes. • KENAI CITY JANUARY 3, PAGE 16 D-5. COUNCIL MEETING MINUTES 1996 Parks a Recreation Commission Councilman Bannock reported the Commission would be meeting January 4. At that meeting he will report administration would be enclosing the beach rest room with plywood. Williams referred to the term renewal memorandum. There were no objections to the renewal of terms for Dale Sandahl and Tim Wisniewski. D-6. Planning a zoning Commission Councilman Smalley reported the minutes and agenda of the Commission's last meeting were included in the packet. Smalley reviewed the actions taken by the Commission, i.e. approval of a new sign for the Seven Day Adventist Church along Spur Highway; the Commission will hold a special meeting on January 16 in order to hear a presentation from The Continuum Corporation of their landscape site plan; and, a•tideland lease was designated as appropriate use for the property. Smalley added, the commission discussed their concern that council take care in public discussions when dealing with controversial issues regarding large and different allocations of use of properties. Smalley stated he told them they are doing the best they can. Williams referred to the term renewal memorandum. There were no objections to the renewal of terms of Karen J. Mahurin, Teresa Werner-Quade and Ron Goecke. D-7. Miscellaneous Commissions and Committees a. Challenger steering Committee - Councilman Bannock reported the Mission Control Subcommittee would meet 1/4/96 at the FSS building. The next meeting of the Steering Committee was scheduled for 1/11/96. Mayor Williams asked council if would be all right for him to buy lunch for the committee meeting. Council had no objections. b. Historic District Board - Councilman Moore reminded council that the December meeting of the Board had been cancelled. The next meeting is scheduled for 1/27/96. • • RENAI CITY COUNCIL MEETING MINUTSS JANt1Z►RY 31 1996 PAGE 17 IA B-1. Regular Meeting of December 201 1995. Approved by consent agenda. None. None. • ITBI[ 8t MOTION: OLD s8 Bills to be paid, Sills to be Ratified Councilman Smalley MOVED to pay the objections.11s and Councilman DR��:re SECONDED the motion. There we g-3. purchase Orders Exceeding $2*500 MOTION: Councilman Bannock MOVED to approve the purchase motion.rdersTherexceedin $2,500 and Councilwoman Swarner 88CONDeDthe no objections. 8o ORDERED. 9-3. Ordinance No. 1671-96 - Finding that a Portion of Tract C. Daubenspeck IsSubdivision Publicshown Pu pose. Attactiment A) I Approved and introduced by consent agenda. M..4. Discussion - Setting Public Hearing District. Park Sewer and Water special As Mayor .Williams referred to Information 8e er and Water Assessment • 2 and 30, which were time tables for the Thompson Park etc. District and the budget work u KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 18 Williams explained that he had hoped council could discuss the assessments of the properties prior to the public hearing. He was concerned about some of the properties needing adjustments as some of the assessments, for the larger lots, are five or six times the amounts of the other properties. The larger lots include a lot of swamp area which cannot be developed. Williams continued, that he had been working with Finance Director Brown in regard to these assessments and had developed an idea to reduce the assessments, absorbing the amounts not charged to these properties into the city's part of the project. Williams added, he thought it unfair for one property owner to pay $12,000 in assessments and others only $2,000. Bookey asked for an explanation of how the amount is calculated. Kornelis reviewed the requirements of the code. Bookey stated he would want to see the parcels before making a decision on changing the assessments charged. Williams stated that was why he was asking council to give an opportunity to review the assessments prior to the public hearing. Kornelis stated he had the maps and assessment rolls available and could include them in the next council meeting packet. Bookey asked if they would (if change the assessments of the large lot) be giving the large property owners an unfair advantage over the smaller lots, especially if the large lots were later subdivided. Williams answered it was his understanding that the large properties cannot be subdivided because portions of the property are in the swamp. Councilman Moore asked if changing assessments had been done before. Williams answered council has had all kinds of payments over the years. Williams noted the average cost of the assessments for Thompson Park was $1,300. The five highest assessments were $11,066, $9,882, $121124, $8,645 and $,508. Kornelis noted that there was one stubout to the large lots and if those lots would be subdivided, the owner would have to pay additional costs for additional stubouts. Councilman Bannock stated he did not like the idea of changing the formula even though he does not like the formula. Bannock asked if the assessed value wouldn't come into account if the land was not useable? This protects the land owner. Finance . RBNAI CITY COY7NCIL MEETING MINUTES JANUARY 3, 1996 PAGE 19 Director Brown had told him that if the property owner establish the property worthlehassessment firstcould have lowered. Williams noted, the Borough would the property at a lesser amount* could be to assess Bannock stated he would not support changing the formulld be a riertjust a few. Williams staaBdiheishouKornelisht tnoted the code says the the assessment list unless council says to do it formula has to be done this way, differently. Williams requested assessment list information be included in the 1/17/96 packet for review by council priorto the publicre hearing. Kornelis noted that thil preliminary asses ed to all property owners when the preliminary list was developed. Kornelis added that the time to changes heforent theformula project would have been at the beginning as t grants have been closed. The city will have to absorb the costs. Councilman Smalley stated he didn't have a problem with reviewing the assessments on 1/17/96. However, he did have a problem with the formula and requested administration ecost basedonth ithtnnseactual te a different method to determine number of stubouts for future assessments. Finance Director Sweeney stated he thought council could reallocate the assessments to the propertyowners.the riles noted that then there would be 110 people upset because assessments will be more than what theywere Moriginalleasles addedtold. Williams stated their costs could beless. estimated assessments were givencomplained.perty Swarnerers notedfore she the project was done and no one had received no complaints. Williams stated he would vote against theassessment were esment roll if it is not changed. Measles stated that theassessments determined according to the code and until it is is,ctheredg if will be a council makes exceptions on a case by case bigger problem. Bannock stated he agreed there is pwith the 8annock aaaedlatheyt he did not agree with Williams'solution. were talking about fundamental fairness. Williams stated he didn't know if his solution was the fairest# • but cis notouncil needs to develop a fairer method. Bannock stated right time to change the rules. • KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 20 Kornelis noted that the project cost will be lower bec cost of the project came in under bid. ause the administration include the assessment listlandminfre o�eson 1/17/96 packet for council review. rmation in the There were no objections to setting the public hearing ng date for R-30 Discussion - State Transportation Needs and p in Alaska. Priorities Manninen referred to the information included in the noted it was a draft of the transportation needs according and i council's discussion at their last meeting. ng to Kornelis suggested his letter be amended to request sidewalks Placed on both sides of North Forest Drive as discuss ith Resolution No. 96-4 and send a co discussed with engineering. Kornelis added, thepc Of letter to DOT submitted by January a. itY s comments need to be Councilman Smalley stated he concurred with Kornelis, s There were no further comments in regard to Kornelis, estion. ett K-6. letter. Discussion - City Manager's Report: Assessment District for Kenai River Sank Restoration Proposed b the Beaver Creek Hank Restoration and Protection Group p Mayor Williams noted the recommendation of the city man not to enter into a public improvement program and wasco c was by several members of administration. nurred City Manager Manninen explained the response to the was before the council last month, as provided in the Noveon that memorandum (in the packet). The city attorney added his o ini 28 and that was also attached and a copy of the finance dire t ion memorandum was also attached. ctor�s The required response by the city manager by Charter Chapter 16.10.010 of the Kenai Municipal Code on •ens special assessments is provided by the memorandum. Basicall and summarized it is four different points: ically, improvement requirement by Article 7 of the)Charterbifc requirement and it is questionable whether the s the first ramps that are requested would be considered private docks or public improvements; • • KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 21 (2) by the eligible public improvements by the code, by the application of the Beaver Creek Bank Restoration group to the Fish & Game, through their agent/engineer, they did not state that this was for a change in the channel or streams or watercourses and ironically, if they had said it was for a change in the stream, channel or watercourse channel, that is one of the nine clear-cut ways that you become an eligible public improvement by the Kenai Code. We have that by the attorney and other staff members read it, that was the closest thing to becoming eligible in the entire project. Without it, it doesn't become an eligible project; (3) least importantly, it's a fact that the costs of nearly $200,000 may be underestimated even if it were a public project. We weren't sure whether they could be substantiated at those levels. It's possible, but there is also some doubt that it could come in at that project cost; (4) and finally, the 25% fair market value limitation that is provided by city code, KMC 16.05.010(b), which we discussed on the Thompson Park project earlier, basically says that no assessment shall be levied in excess of 25% of the fair market value property after giving effect to the benefit accruing from the work or action for which assessed, except where all benefitted property owners waive the above 25% limitation and agree to accept on a proportional basis 100% of the costs of improvements. Manninen continued, basically for those reasons and say that it's not a manageable LID or SAD district and donft recommend council enter into it. Councilman Bannock complimented Manninen, Attorney Graves and Finance Director Sweeney for the well -written, in-depth memoranda. Bannock asked if Mr. Rainey received a copy of the memoranda. Clerk Freas acknowledged he was given a copy of the report. Manninen added, another thing that they thought was included, but didn't summarize in his comments, but included on page 2 of his memorandum, he suggested possible ways of funding that would not be an LID district, and not be a public improvement for the city. Basically, from Exxon Valdez funds through the Alaska Department of Emergency Services or FEMA funds that maybe available. Exxon Valdez funds have already been distributed to Fish & Game and other agencies. They may support projects. The only way they could figure it could be a project to be done would be to get Exxon Valdez funds to dedicate 30-50 feet and propose building some kind of walkway, access, boardwalk, around the entire area from Angler Drive all the way over to Beaver Creek and go for a • KENAI CITY COUNCIL MEETING MINUTES JANUARY 31 1996 PAGE 22 • 0 boardwalk project. Manninen added, he thought for those funds, someone would have to say, if you fund it, this property would be accessible to the general public. Manninen stated he wondered if Mr. Rainey or any of the property owners would be willing to do that. If he were in that position, he did not know if he would want to have it as a public dock and have Exxon Valdez or Fish & Game allowing anyone on there who had a different business and a different purpose than that. Nevertheless, there are funds that have been made available and that would be one source. Also, the council did go on record in December in showing the council's sympathy and empathy for the private property owners by passing a resolution supporting Fish & Game, supported their grant application and also the Mayor had several letters in the packet to the Borough and everybody who's anybody in the state supporting it too. All the staff is saying is that it does not qualify for an LID, but there may be other sources of getting funding. Ron Rainey - Rainey began by thanking the Mayor, Clerk and City Manager for their help in developing the resolution and writing letters in support of acquisition of funding from Fish & Game, etc. Rainey added, he appreciated the report developed, but questioned the approach to the final results. Rainey stated he felt his dock has public access from the river. Also, Fish & Game believes they would not be changing the water course, but he believes their project would. Rainey also commented that their contractor, who is board regulated, has stated the $199,000 to do the project is a high estimate. It is within the scope of reality. The cost of $25,000 assessed to each lot won't be a problem for three of the property owners. The fourth owner hopes to build in the spring and believes it won't be a problem. Their group is working hard to acquire Exxon Valdez monies to do the project. Two of the property owners don't need an LID and two have SBA loans, which are better. They want the LID approved in order to get a commitment from other property owners. The LID would tie the project together. Rainey asked that the staff take another look at the application and proposed project and perhaps make it an acceptable project. KENAI CITY • vANUARY 3, PAGE 23 0 COUNCIL MEETING MINUTES 1996 Their group is exploring the suggested poonlySS. Rainey forproperty added that a cul-de-sac or sewer line is y for owners in that area too. Williams stated council would remain open to questions loo ideas to help him. Councilman Measles stated he would approval of the property owners to do an LID. If ould if loan is used, Davis -Bacon scale wouldn't be needed as it w the city would do the project. Attorney Graves stated council could determineinted srevie ew thed application at another date. Clerk Frea action would need to be taken to either go forward rnot with the project as there are notice time lines, d. Attorney Graves agreed. MOTION: Councilman Smalley MOVED to accept the City ana lance Director ort as filed as well as reports submitted by they rner rector and City Attorney and accept objections. btgctionsouneOlo�a�n$D:a ONDRD the motion. There were no j g_7. Contract for Lobbyist 8eswioee Mayor Williams reported he would be traveling t22Juneau for a Alaska Conference of Mayors meeting on Y added, he would be -talking -with Ashley Reed he Juneau lobbyistnd s council if they intendedrmationradd�d totheagenda and Williams referred to information ante distributed at the beginning of the ich noted on page 1 made to Reed, reports filed, etc. (CorrectionThe date should of the memorandum in reggCtion wasto ,000 paid. alsu made to the last sentence have been 1/24/94. Corr on the second page. The budget should have been 95/96 instead of 94/95.) Council noted that the purchase order was n till not eclosed d. for the budget year 1993/94 as billings were ls have not been received for 1994/95 and contract-required reports were not submitted. Also noted, council budgetedSmalley stated n the 1995/96, however no contract aforeen hirerofaaed. lobbyist or for money was placed in the budget council members to travel and lobby for the city. es b • KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 24 Councilman Measles stated his concern that the city hired a lobbyist who doesn't know to bill the city. Manninen added that Reed was very helpful in developing the Challenger legislation. Williams added that Reed is very powerful and influential. Bannock suggested Williams remind Reed that there are two open purchase orders to pay for his services. Bannock added he would not vote to renew a contract with Reed. Attorney Graves added that Reed has been asked, by telephone and letters, for billings and reports. Councilwoman Swarner suggested he could send the city a contract. Williams added he would talk with Reed in regard to the water well project while he is in Juneau. He will also discuss these other matters with him in a politically astute manner. EXECUTIVE 8E88ION None scheduled. ITEM It ADMIN=8TRAT1 N REPORTS I-1. Mayor a. Princess Tours - Williams reported Princess Tours had - purchased property in Ninilchik in order to build a hotel there. They have also expanded their hotel at Cooper Landing. b. Response Letter to Gene Burden - Williams referred to the draft letter to Gene Burden (passed out at the beginning of the meeting) in which he responded to Burden's recent letter denying $960,000 funding for completion of the city's water well project. Williams stated he wanted to hand -deliver the letter to Governor Knowles later in the month. Williams requested permission to take the letter and asked if council had any suggested changes to the letter, they should call the Clerk and pass the suggestions on to her. c. Vehicle rinancial Pool - Williams reported that he discussed his concept of a vehicle financial pool with Finance Director Sweeney and found that Sweeney had developed a similar policy in Sitka. Williams requested permission of council to have Sweeney draft a similar plan for Kenai. • KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 25 0 Buokey asked if the heavy equipment would be included in the plan. Williams answered yes. Williams noted the plan should also review the need for a person to administer the plan. There were no objections. d. Automated voting System - Williams reported he received some information about electronic voting boards and will have available in the Clerk's office if council wanted to review it, ee dames of Chance and Contests of Skill - Williams referred to the report included in the packet, along with the corrected information (from the State) distributed at the beginning of the meeting and reviewed the net income information. f. AIP Funds/Aircraft Firefighting Facility - Williams passed out a draft letter to Senator Stevens requesting his support for funds to build an aircraft firefighting facility in Kenai. Williams requested pezmission to send the letter. There were no objections. Williams added, Manninen would be attending the National League Of Cities Conference in Washington, DC in March. If the city receives a clear indication that the facility is in reach of acquiring for Kenai, he would like Manninen to discuss the matter personally with Alaska legislators. He would also like to Manninen to also discuss the potential for obsoleting the antenna farm and cleaning up of that site. =-2• City Manager a. Pay Plan - Manninen reported he received a draft of the pay plan and would be meeting with the committee tomorrow. He plans to schedule discussion of the plan for the next council meeting. b. Personnel Policy Update - Manninen reported staff has suggested changes to the personnel policy. He will be meeting with department heads on 1/10/96 in regard to the suggested amendments and will bring the item to council at the 1/17 or 2/7 meeting. c. Alcohol and Drug Testing Policy - Manninen reported the Policy will be included as a discussion item at the 1/17/96 meeting. 1� 0 KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 26 d. Jr. Achievement - Manninen reported he has at KCHSbeen asked He will to participate in the Jr. Achievement program be reviewing the information and let council know if there are problems with him participating. I-3. Attorney Attorney Graves reported he would beg t of town on January n personal leave. He will be back in the offs I-4. City Clerk Clerk Freas reminded council that a95theirilast meetn regard togthethey postponed action on Resolution No. , F.I.S.H. Initiative, until the 1/17/96 meeting. Thepostponement was to give time for council to attend presentation by representatives from the Initiative to received aiven tan telephoneicall Chamber luncheon. Freas reported she His from Robert Hall, who will be giving ea ng Frsaskedcouncil if they ra presentation is scheduled for / wished to hold Resolution No. 95-81 until the 2/7/96 meeting. MOTION: Councilman Measles MOVED to hear 7, 1996 and Councilwoman Swarner no objections. 80 ORDERED, No report. I-6. Public to the Bridge I-7. Finanae Direotor public Works Director Resolution No. 95-81 on February SECONDED the motion. There were Works Director Kornelis noted tsitDOT opbeeadd dltotthed city's request for directional gnals t Access intersection as they have been installed. No report. Airport Manager it DIOCUBBION KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 27 I-10 citizens a. Bob peters - Peters asked information on the following: 1. When are the Christmas street decorations taken down? Answer: After Russian Christmas. 2. Who pays for the power for the Christmas lights? Kornelis answered, the State does. 3. Why are there only white lights on the decorations and no colored lights? Answer: The ththlightse always gave but there had been colored trim with and use thm a permission to remove the trim from the lonthe life ogithelhtsddco because the trim w nrati nseands silhouette lights as in repair. Bookey suggested the purchase of new Christmas lights should be discussed during budget sessions this year. • a. Peters stated he agreed with Councilman Measles in regard to the Ashley Reed contract. Peters rofinded money for at last year Mr. Reed stated there apocket distribution and there wasn't. Kornelis also reported the public hearing for isthe Mission Avenue to decide whether improvements was well -attended. A The urch There is one individual or not they want a one-way roc . property owner who will not give any ofehis pr oould fbe or the e a road. They are investigating whether h two-way road in front of Fort Kenay. All the property along the length of the road is private be changed to property. The private rights -of -way public rights -of -way. A survey will be donenext in andthiright- of-way acquisitions. No cost will be involved J_2. council Bookey - No report. evarner - Welcomed Mr. Peters as chair of the Library Commission. Moore - No report. •Measles - No report. #0 KENAI CITY COUNCIL MEETING MINUTES JANUARY 3, 1996 PAGE 28 Bannock - a. Bannock requested Kornelis send a letter to DOT thanking them for the directional lights at the Bridge Access intersection. b. Reminded council the Planning & Zoning Commission would have halfway houses as a discussion item at their next meeting. -c. He will not be at the 1/17/96 meeting. Smalley - a. Thanked administration for the letter -writing campaigns and reports. He appreciated the work. b. Smalley suggested that if the commissions, committees and boards cannot maintain the code -required membership criteria, and grant requirements, council may need to re-evaluate the continuance of the boards, commissions and committees. c. Smalley referred to Information Item No. 2 (budget session schedule) and Games of Chance and Skill report at I-4. Smalley suggested council review the possibility of additional revenue enhancement for taxing Games of Chance and Skill. Williams - a. Williams asked that administration prepare a report on hotel/motel tax activity since its inception and point out glaring abnormalities, including suspected non-compliance. Bookey added, the report should also include the cost to the city to collect the taxes. b. Councilwoman Swarner requested that a report on ambulance fee collection be prepared as well. Information included in the report should entail how the fee is affecting the overall department and whether or not the fee is worth the effort of collecting it. c. Williams reported that he had approximately ten letters sent to property owners in the vicinity of the Katmai Hotel in regard to the Conditional Use application for a halfway house to be heard at the Planning & Zoning Commission meeting. Williams explained the property owners he sent letters to were not included in the 300 foot radius notification required by code. d. Williams reminded council that Student Government Day was scheduled for the 1/17/96 council meeting. ITEM X: &DJOO1MENT The meeting adjourned at approximately 10:20 p.m. Minutes transcri submitted ,-{',, . I R RS w1 tY COUNCIL 1 I .y 0 z ,_1 BA cL�nc