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HomeMy WebLinkAbout1996-04-03 Council Minutes• A. B. Co 0 KENAI CITY KENAI AGENDA COUNCIL - REGULAR MEETING APRIL 3, 1996 7100 P.M. CITY COUNCIL CHAMBERS 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. SCHEDULED PUBLIC COXHM PUBLIC HEARINGS (10 Minutes) 1. Ordinance No. 1682-96 - Increasing Estimated Revenues and Appropriations by $6,026 in the General Fund for Repairs to the Senior Citizen Center Station Wagon. 2. Ordinance No. 1683-96 - Increasing Estimated Revenues and Appropriations by $12,000 in the Water and Sewer Fund for a Mixing Zone Study. 3. Resolution No. 96-24 - Transferring $5,00o in the General Fund for Legislative Expenditures -- (Miscellaneous expenditures). 4. Resolution No. 96-25 - Transferring $3,000 in the General Fund for Legislative Expenditures (printing/ binding of Challenger Feasibility Study) . 5. Resolution No. 96-26 - Awarding a Contract for the Wastewater Treatment Plant Mixing Zone Analysis to Vasey Engineering for the Not -to -Exceed Amount of $10, 824. 6. Resolution No. 96-27 - Awarding a Contract for Logging Rights on City of Kenai Property (Section 36) to for the Amount of $ Per Ton to be Paid to the City for the UseaBle T m er " Product. -1- 7. Resolution No. 96-28 - in Support of the Classification of the Kenai Peninsula Borough Land Within the City of Kenai Approved by City of Kenai Planning & Zoning Commission Resolution No. 96-3.9. S. Resolution No. 96-29 - Changing Appropriations by $27,500 in the Airport Land System Fund to Hire a Consultant to Perform Marketing Research and Write a Business Plan for the Proposed Aircraft Rescue and Fire Fighting Training Center, 9. Resolution No. 96-30 - Supporting the Alaska Challenger Learning Center Feasibility Report. 10. 1996/97 Liquor Linens* Renewal - Eaglechief, Inc. d/b/a Katmai Restaurant & Lounge - Tourism. 11. *1996/97 Liquor Lioonse Ron*wal - Little Ski No Drive Inn - Restaurant/Eating Place. D. COMI88tONicOI® MENJM_gRMB 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions anI Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board i. *Regular Meeting of March 27, 1996. N-'� --, 7m,� 1. Bills to be Paid, Bills to be Ratified 0 -2 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1684-96 - Increasing Estimated Revenues and Appropriations by $3,380 in the General Fund for Repair of a Damaged Police Vehicle. 4. *Ordinance No. 1695-96 - Amending Title 23, Sections 23.10.020, 23.10.030, 23.25.060(d), 23.25.060(e), 23.30.050, and 23.40.030 of the Kenai Municipal Code to Bring Municipal Personnel Polices Into Compliance with the Provisions of the Fair Labor Standards Act. S. *Ordinance No. 1686-96 - Amending the Kenai Municipal Code by Adding Section 13.30.035 to Codify the City's Authority to Establish Pay Parking Lots on City Property and Providing for Towing of Vehicles Which are Improperly Parked at Said Parking Lots. ` 6. *Ordinance No. 1687-96 - Amending the Kenai Municipal Code by Adding Section 13.30.095 to Prohibit parking on Kenai Avenue. 7. *Ordinance No. 1688-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the Soils CIIAP Capital Project Fund for Clean -Up of Lots 13 and 14, CIIAP. 8. Discussion - Kenai Rive Protection r Ordinance. 9. Discussion - Procedures for Management of Dipnet Fishers at Beach/River Mouth, NSgCOTIVE SESSION - City Manager Evaluation. IV-7, _ 7 i 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. plagues -ION 1. Citizens (five minutes) 2. Council • KENAI CITY COUNCIL - REGULAR MEETING APRIL 3, 1996 7100 B.M. KZXhI CITY COUNCIL CMUIDERS MAYOR JOHN J. WILLIAMS, PRESIDING Mayor Williams called the meeting to order at approximately 7:02 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: Measles, Bannock, Smalley, Williams, Bookey, Swarner and Moore. A-5. t:. Mayor Williams requested the following changes to the agenda: ADD ASt B-i, persons Scheduled to be Heard - Keith Koraelis/Kenai Boys Basketball, ADD TOt C-10, 1996/97 Liquor License Renewal - Eaglechief, Inc., d/b/a Katmai Hotel - Proposed payment schedule documents. ADD TOt R-2, Purchase Orders Over 02,500 - Purchase order to INTERact Group (market research/business plan for Aircraft Rescue & Fire Fighting Training Center), ADD TOt I-i, Mayor's Report - 3/29/96 Commissioner Brown _(DEC) letter regarding funding for Water System Improvement Project. ADD TOt I-7, Airport Commission - Airport Manager's Report. MOTIONt Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. There were no objections. 8o ORDERED. A-6. KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1996 PAGE 2 MOTIONS Councilman Bookey MOVED to remove Ordinance No. 1684-96 from the consent agenda. Councilman Smalley SECONDED the motion. There were no objections. 00 ORDERED. Keith Kornelis - Mr. Kornelis referred to information he distributed at the beginning of the meeting in regard to the Kenai Boys Basketball Washington Trip. Kornelis explained, each year the basketball coach, Jim Beeson takes a group of KCHS boys basketball players out of state to participate in a basketball training camp. This year, they want to attend a basketball camp and play in two tournaments. In order to earn money to pay for their trip, the boys would like O to clean City of Kenai parking lots, picking up trash, cigarette. butts, move bike racks, etc. They would be using their own brooms, etc. and would have adult supervision at all times. Kornelis added, the boys would rather work for their earnings, instead of asking for donations. They are requesting to be paid $4.00 to $5.00 per hour. Buildings they would clean around would be the Public Safety Building, City Hall, Library, Rec Center, Senior Center, Vintage Pointe, Airport Terminal, short and long-term parking areas, employee parking area at the Terminal. Kornelis stated he discussed the project with Mark Hodgins and EDD in regard to insurance coverage for the boys. He has been told, EDD could amend the insurance policy to cover the workers for this contract. City manager" Manninen asked if Stan Steadman (EDD) said they could provide the Workers' Comp. insurance from the Handy Works contract. Kornelis answered yes, and added, Steadman said they could amend the Handy Works contract and with city's approval, other work could be done on that contract. Kornelis added, he spoke with Mark Hodgins and he had no problems in working it out. An actual amendment to the contract would not be made until after council approves it. • Smalley stated he liked the proposal but was concerned as to how a similar project could again be used as a fund raiser. Smalley e KBNAI CITY COt1NCIL MEBTING MINUTES APRIL 3, 1996 PAGE 3 added, he would like to have a direct statement as to who would be the insurer before any work is dons. Ernst was asked if the airport already had a janitorialcontract and whether this might interfere directs the contractor to clean up stated the janitor's contraHe did not think trash around the building °hadaily contractoris�Additionally, the boys this would interfere with te would not be cleaning on the air side of the apron. Councilman Moore stated he assumed the boys would aste doing is something that city employiatrain thedone summer by the Parks crew. stated it is usually done e Kornelis added, the work done would have to completely satisfy the department head in charge of the building Smalley referred to Item D on the Kornelis material and and stated he was concerned the boys would be asked to do work nd sated setting aside an what is in the contract. Smalley sugg amount of money for a set amount of work. Kornelis stated there was no need for concern. MOTION: ' Councilman Smalley MOVED for approval of the project and Councilman Bannock SECONDED the motion. Councilwoman Swarner stated she agreed thereshould be written notice the boys would be covered by the Ee VOTE: There were no objections. so ORDERED. 12= 0 8- BYT x9 geig3 gs C-1. Ordinance No. 1692-96 - Increasing Estimated Revenues and Appropriations by $6,026 inthe General Fund for Repairs to the Senior citizen Center Station. MOTION: Councilwoman Swarner xOVED for approval of Ordinance No. 1682-96 and Councilman Bookey SECONDED the motion. • There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 4 VOTES Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes MOTION PA6SBD UNANIMOUSLY. C-2. Ordinance No. 1683-96 - Increasing Estimated Revenues and Appropriations by $12,000 in the Water and Sewer Fund for a Mixing Zone Study. MOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1683-96 and Councilman Moore SBCONDED the motion. There were no public comments. Councilman Measles asked if the city would be proceeding with the study or is he requesting money • be made available if the study proceeds. Kornelis answered they plan on proceeding with the study. EPA has suggested they do it. Kornelis added, a resolution awarding the contract to do the study was on the agenda as item C-5. Further, the study would establish whether it would be acceptable for the city of Kenai to take washdown water from the Borough. The Borough has agreed to pay for one-half of the cost for the study, but will use it as a credit against disposal of their washdown water. Kornelis referred to the information included with the ordinance in the packet for additional explanation. The Borough will be needing a mixing zone because of the metals in the washdown water. Kornelis added, the city applied for its permit renewal two and one-half years ago. Part of the problem is that the new requirements will be more stringent and the city will be out of compliance. The washdown water will also be out of compliance. They hope to have the mixing zone study completed before the environmentalists require it. Council and Kornelis discussed the outfall, its distance from the plant, and elevation. Vasey Engineering has worked with DEC to prepare their proposal. The study will then be included with the permit. Councilman Bannock asked if the Borough was receptive of the proposed RV dump site. Kornelis answered they are thinking about it, but wouldn't allow him to include that proposal with taking care of the washdown waters. KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1996 PAGE 5 Williams stated he thought the process should begin. VOTES Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes NOTION PASSED tTNANIM0U8LY. C-3. Resolution No. 96-24 - Transferring $5,000 in the General Fund for Legislative Expenditures (Miscellaneous expenditures). MOTIONS Councilman Bookey MOVED for approval of Resolution No. 96-24 and Councilman Bannock SRCONDED the motion. There were no public comments. Councilman Smalley asked if this was the second request for additional funds into council's miscellaneous account. Clerk Freas answered she was not aware of any other transfers for the Legislative account. Smalley asked what the progress was on the McCubbins placement of the welcome sign. Bookey added, he remembered McCubbins was to come back to council with the design. Kornelis answered he did not know and was requested to check into it. VOTE: There were no objections. 80 ORDBRED. C-4. Raaolution No. 96-25 - Transferring $3,000 in the General Fund for Legislative Expenditures (printing/ binding of Challenger Feasibility Study). NOTION: Councilman Bannock MOvBD for approval of Resolution No. 96-25 and Councilman Measles SECONDED the motion. There were no public or council continents. VOTES 0 There were no objections. 00 ORDERED. • • �J KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 6 C-S. Resolution No, 96-26 Wastewater Treatment vasey Engineering for $10,824. MOTION: - Awarding a Contract for the Plant Mixing Zone Analysis to the Not--to-Exceed Amount of Councilman Smalley KOVNO for approval of Resolution No. 96-26 and Councilman Hookey BECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-6. Resolution No. 96-27 - Awarding a Contract for Logging Rights on City of Kenai Property (Section 36) to for the Amount of $ Per Ton to be Paid to the City for the Useable Timber r Product. Mayor Williams explained he received a request to remove this resolution from the agenda as there were no bids received. Williams added, the city had a study done to find out what logs could be removed. No bids were received. Kornelis added, he thought the lack of bids could be because the city had stringent requirements, i.e. cutting the trees close to - the ground, removing branches, etc. from the area, This is not usually done. Originally, the bidders were given a month to get the trees out. However, an addendum was sent to all bidders allowing them to store the logs and come back for them when the snow melted and the ground was dried out. He discussed the matter with Mark Hodgins and he suggested someone might submit a proposal and he would invegtiyate the possibility. Kornelis added, he thought the city could try having the trees removed later. Councilman Moore asked if the markers on the trees would remain (so that they would not have to be tagged again). Kornelis answered the trees were marked with paint. The survey markers are flags and should last. The property, right-of-way and center lines were all marked by the surveyor. NO ACTION TAKENG • 0 • KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 7 C-7. Resolution No. 96-28 of the Kenai Peninsul Kenai Approved by Cit MOTION: y Councilman Smalley MOVED for approval of Resolution No. 96-28 and Councilwoman Swarner SECONDED the motion. Roy Dudley, Kenai Peninsula Borough Land Management Officer - Informed the council of the Borough's schedule for processing the classification of the lands listed on the resolution. The list of lands to be classified would appear before the Borough Planning Commission on May 28, and on to the Assembly meeting of June 18. He will prepare an ordinance that will authorize the conveyance of the city well site (from the Borough to the city. He anticipated that ordinance i-could appear on the same meeting agenda as the classification resolution or shortly thereafter. Williams noted he did not see the property adjoining the Kenai High School along Rogers Road and the Spur Highway listed. Williams explained the council had requested that land be applied for by the Borough and then classified for public use. Dudley stated that property had not come into Borough ownership and so, did not appear on the classification list. Williams requested Dudley to look into the progress of this piece of property and send a letter reporting what information he finds. Dudley stated he would. There were no further questions or comments. VOTE: There were no objections. 80 ORDERED. C-8. Resolution No. 96-29 - Changing Appropriations by $27,500 in the Airport Land System Fund to Hire a Consultant to Perform Marketing Research and Write a Business Plan for the Proposed Aircraft Rescue and Fire Fighting Training Center, MOTION: Councilman Bookey MOVED for approval of Resolution No. 96-29 and Councilman Smalley BECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1996 PAGE 8 There were no public comments. Airport Manager Ernst requested to clarify figures on the cost summary as they differed from the actual proposal. They negotiated the research price down from $12,000 to $11,000 and the videos were developed with current funds. The $280 (on the summary) were for 100 videos. They chose to have two sets of posters made bringing that cost to $640. Williams noted that a lot of the videos and posters were being prepared to present the Aircraft Rescue Fire Fighting training proposal to the Fire Chiefs' Association, the State Department of Transportation, the Governor's Office, etc. in order to secure their approval and their guarantee to proceed as the city requests funding from the FAA. Williams added, there would be some additional costs to the councils travel budget for the presentations. It is the intention that the program for education would begin by April 10 at the Fire Chiefs' meeting. This will be a major presentation. VOTE: There were no objections. 80 ORDERED. C-9. Resolution No. 96-30 - Supporting the Alaska Challenger Learning Center Feasibility Report. MOTIONt Councilman Bannock MOVED for approval of Resolution No. 96-30 and Councilman Measles SECONDED the motion. Kathy Scott - Scott explained she was presenting the feasibility study to the council on behalf of the Steering Committee. The Steering Committee was made up of 16 educational, professional and technical people from the Kenai/Soldotna community. Their last meeting was March 21 at which time they put the finishing touches on the feasibility study. Scott added, the study was done on time and on budget. The promotional brochure and architectural plan doubled the value of the study. On March 5, she, along with Superintendent of Schools Bromenschenkel, Mayor Williams and Councilman Bannock discussed the study via teleconference with Dave Sedlaw of the Challenger Center in Alexandria, Virginia. They were urged by Mr. Sedlaw to 40 apply for a Challenger Center site. KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1996 PAGE 9 Since the completion of the study, she has received letters of support from the Science & Technology Foundation and the Kenai Peninsula College. She also met with Lt. Governor Ulmer and Andy Klein while in Juneau. Klein offered help in regard to the technical classroom. She also met with Elaine Griffin, National Teacher of the Year from Kodiak. Griffin was ecstatic that the application was going forward and offered her help. Scott added, speaking for the Steering Committee, the whole process has been very fulfilling. With councils approval, the study and application would be submitted. A decision would be made by Challenger on April 29. . Councilwoman Swarner noted the resolution of support from the Kenai Visitors' Center was dated incorrectly. Scott stated she would have it corrected. Councilman Moore asked, if revenue would eventually drop because people have come to the Center. Scott answered, students in the Kenai Peninsula Borough could come to the Center four times each and not duplicate the programs. Additionally, the national Challenger Center develops new programs. It would be highly unlikely that use of the Center would drop. Williams added, in each of the five curriculums, there are 20 jobs involved. A student could come 100 times and not do the same job twice. Swarner asked if the School District had indicated how the student charges would be paid. Scott answered, the students would pay the amount individually. The Committee also talked about supplementing with__a scholarship program_. Councilman Bannock added, when he went through a program in California, he found that the group of kids he was involved with had their fees paid by a major automobile manufacturer. It would cost approximately $500 for a small business to sponsor 30 kids to the program and buy lunch as well. He thought it an excellent way for local businesses to be involved. Councilman Smalley asked if Visitors Center resolution answered yes. Scott added, included in the students. VOTES the date would and inserted in this resolution There were no objections. 80 ORDERED. be changed on the the studies. Scott would also be KENAI CITY COUNCIL MEETING MINUTES qW APRIL 3, 1996 PAGE 30 C-20. 1996/97 Liquor License Ronewai r- Eaglechief, Inc. d/b/a Katmai Restaurant & Lounge - Tourism. Clerk Freas referred to the information included in the packet. The Katmai Restaurant accounts at the Borough were current, however they were owing amounts for lease payments to the city. Notification was sent to the owners that the amount would need to be brought current by April 10 or a city -approved payment schedule be current in order for council to approve the renewal of the liquor license. The additional information distributed to council at the beginning of the meeting was notification from the Legal Department that a payment schedule had been drafted and agreed to by the owners and the city. If council approved the payment schedule, the papers would be signed tomorrow by the . owners. MOTION= Councilman Smalley MOv$D for approval of the 1996/97 Liquor License for Eaglechief, Inc., d/b/a Katmai Restaurant & Lounge, contingent upon the signatures of the Singrees on the proposed payment schedule. Councilwoman Swarner 08CONDED the motion. Mayor Williams stated he supported the proposal 100% as he felt the reason for the lack of payment was due to the States cutting off access to the Katmai during the highway reconstruction in the summer months. He would forgive the entire debt if he could. He had no qualms in supporting the request. Councilwoman Swarner asked Attorney Graves if he had any - - concerns. Graves stated no, he talked with Mr. Singree and they worked out the payment schedule. The papers would be executed in the morning if council approved. VOTE: There were no objections. 80 ORDERED, C-11. 1996/97 Liquor License Renewal - Little Ski No Drive Inn - Restaurant/Eating Place. ,Approved by consent agenda. BREAK TAXZN$ 8112 P*xe BACK TO ORDER: 8s27 p.M. COUNCIL MEETING MINMES KENAI CIT1996 APRIL 31 PAGE 11 counaii on kging ad not reports hmaking her Councilwoman SDirector ould be undin9 for Meeting. The eating f united y tomorrow requ D-2. Airport Commission sported he was Councilman Mev®re r inutes were been a recent yearly presentation to next Yeare resent at the last not present Airport Manager in the Packet ril i , i996. in , howe sating wa scheduled for Ap meet 9 the next n the RFP for Ernst stated d if he had any response to Councilman Bannock a ske two proposals out and had Ernst answered he mails advertising. dver a�BOngCa11. one p p 3� garbor Commission - next meeting was scheduled for Councilman BookeY reported the ne Counc 1996. April Sr Library commission last night• D-4� theg Commission reviewed Moore stated he wasr °or at the renced the Councilman Chair, Bob Peters, p ones to their mmission om rehensive Plan which re8p Co the C P the portion of committee to rev of Creating a library; they formed a Possibility e discussed -the p the library s and. they unity more aware °g ballot. survey; the comet a fall strategy plan tOa ion of a bond issue on would needs in anticipation the library t Easter Sunday) and during or DeForest reminded the nouns Library Direct s during April t be open on Sundayouid be operated by volunteers* those days# it w ation Commission ould be held meeting w D-g* Parys Councilman Bannock April 4, 1 996. D-60 planning reported the regular $oning commission in the minutes were includes viewed the ted the Smalley a Smalley rep°r attendance. noted Councilman during the meeting, Smalley a cketf however he Weaken in packet and actions 0 • KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1996 PAGE 12 variance for the MAPCO sign was denied. Commission Chair, Carl Glick reported it was denied because it was a lot larger than the code allows. They were informed of their option to appeal -to the council. Their representative gave no indication that they would appeal. Kornelis stated he was not aware of any appeal discussed in the Planning & Zoning Department. Councilman Bookey reported, as of yesterday, there was none. The Commission discussed the proposed ordinance which would not allow halfway houses by code and requested the commission have a well -advertised public hearing on the matter before sending their findings to council. The Commission also discussed the proposed residential zone brought to the Commission by Mike Christian. The Commission will hold a work session prior to the next commission meeting at which the commission will discuss the proposed zone. The work session was scheduled to begin at 6:00 p.m., April y0, 1996. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported the Committee would meet on Tuesday, April 9, 1996. Swarner also reported the greenhouse was in use. D-7b. Historic District Board No report. D-7c* challenger steering committee Councilman Bannock reported the Committee put the final edits to the feasibility study at their last meeting. Bannock added, putting the study together was an incredible pleasure and now the project was in the hands of the national Challenger Center in Alexandria. Mayor Williams reported the Lt. Governor's office was trying to put together a national video conference when the award is announced. • RENAI CITY COUNCIL MEBTING MINUTES APRIL 3, 1996 PAGE 13 0 D-•7d. Kenai Visitors i Convention Bureau Board -No report. E-10 Regular Meeting of March 27, 1996. Approved by consent agenda. None. None. E-i. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED -to pay the bills and Councilwoman SWarner BECONDED the motion. There were no objections. so ORDERED. 9-2. purchase Orders EZceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 with the addition of the $20,000 purchase order to INTERact Group presented to council at the beginning of the meeting. Councilman Measles SECONDED the motion. There were no objections. BO ORDERED, 8-3. Ordinance No. 1694-96 - Increasing Estimated Revenues and Appropriations by $3,380 in the General Fund for Repair of a Damaged Police Vehicle. KENAI CITY COUNCIL APRIL 31 1996 PAGE 14 NOTIONS MEETING MINUTES Councilman Smalley MOVED for introduction of Ordinance No. 1684- 96 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Bookey explained he requested this ordinance be removed from the consent agenda because he was under the assumption the vehicle was totaled. Bookey asked if it was prudent to repair the vehicle because the budget allows two new cars to be purchased. This vehicle could then be taken out of service. Police Chief Morris explained the car had a new drive train put in it a few years ago. The mechanics of the car were in good shape and it didn't have many miles on it. The vehicle was still able to be driven, however the fenders and doors need repairing. It continues to be a mechanically sound car. Councilman Smalley asked . city for having it first removing it as totaled. could be repaired safely, added, he was relying on be repaired and used. VOTE: if there would be any liability to the listed as a totaled vehicle and then Attorney Graves answered if the vehicle it should not be a problem. Graves the Chief's determination the car could Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-4. Ordinance No. 1685-96 - Amending Title 23, sections 23.10.0208 23.10.030, 23.25.060(d), 23.25.060(e), 23.30.050, and 23.40.030 of the Kenai Municipal Code to Bring Municipal Personnel Polices Into Compliance with the Provisions of the Fair Labor Standards F.ct. w Introduced by consent agenda. H-5. Ordinance No. 1666-96 - Amending the Kenai Municipal Code by Adding Section 13.30.035 to Codify the City's Authority to Establish Pay Parking Lots on City Property and Providing for Towing of Vehicles Which are Improperly Parked at Said Parking Lots. Introduced by consent agenda. • KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 15 H-6. Ordinance No. 1687-96 - Amending the Kenai Municipal Code by Adding Section 13.30.095 to Prohibit parking on Kenai Avenue. Introduced by consent agenda. 8-7. Ordinance No. 1688-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the Soils CIIAP Capital Project Fund for Clean -Up of Lots 13 and 14, CIIAP. Introduced by consent agenda. B-8. Discussion - Kenai River Protection Ordinance, Assemblymember Betty Glick - Glick reported on the Borough Assembly's actions taken the night before on their Kenai River Protection ordinance. Glick stated she gave the most recent copy of the ordinance to Attorney Graves for his review. The ordinance included a change recommended by the Acting Borough Attorney Bill Walker. Mr. Walker was hired due to his knowledge of the takings issue, etc. Glick reported the proposed amendments proposed at their 3/16/96 meeting and a special work session was held on 3/27/96. The proposed amendments were attached to the memorandum -- some of which were withdrawn, some voted down, etc. Through the process, there have been more positive comments than there were last year with the overlay ordinance. Comments last night suggested the setback should be 100 ft. and should include the watershed and tributaries. Others thought the ordinance would have no effect and should be scrapped. Comments from the Parks Division, Fish & Game, and Division of Forestry were they would like to see a more stringent ordinance, but were supportive of getting an ordinance on the books and also committed to working with the Borough in enforcing the ordinance's criteria when adopted. Comments from the majority of the people giving testimony in regard to the tributaries, setback and watershed issue were that the deletion of the area from the Warren Aames Bridge to the mouth and the Cooper Landing area should be put back into the ordinance, making the ordinance applicable to the entire water column from Kenai Lake to the mouth. An amendment to this regard will be brought to the table at their next meeting (April 16). • • KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 16 Attorney Graves' amendment for Section 21.18.090 (prior existing structures) was discussed. Assemblywoman Merkes did not like Graves' suggested language that stated "prior existing structures which were lawful and in use." She proposed to take out "lawful" and put in "were in use or had a substantial start." A long discussion followed regarding the word "lawful" and "in use" and what would constitute a "substantial start." Action was to remove "lawful" and "were in use" was added. The reference to "had a substantial start" did not pass. However, the Borough Attorney submitted suggested language which they felt would protect them better from lawsuits and was adopted. The language Graves prepared and was considered at their meeting last night, was unanimously adopted. Graves also prepared an amendment to 21.18.060, activities with the habitat protection area. That amendment was also unanimously adopted. Including the tributaries was defeated. An amendment was proposed to 21.18.035 to create a watershed (600 horizontal feet back). There was an amendment to increase the watershed area, but was defeated. The 6001 was approved. The wording to protect the canneries was considered as opposed to deleting a portion of the river. The conditional use permitting is included and does address the concerns of the canneries. Councilman Measles asked what is a structure as defined in a prior existing structure, 21.18.090. Glick answered, any kind of a structure, i.e. a house, garage, a shed, cannery. Any kind of a structure there nog►• would be grandfathered in by the ordinance. Attorney Graves stated if there is no definition, the court would go to the dictionary definition of structure. Structure is a broad definition. He believes, in the ordinance, it was meant to be broad to grandfather a lot in. Measles noted the ordinance creates a "Kenai Watershed District." The district is created, but it is not mentioned anywhere else in the ordinance. Measles asked what creating a district would do? Glick answered, the explanation was to draw an arbitrary line to encompass the watershed area. She was not in favor of this as watershed starts at the headwaters of the Kenai River. Measles stated his concern at creating a watershed district or defining a flood plain would make it easy in the future to expand KENAI CITY COUNCIL MEETING MINUTES qW APRIL 31 1996 PAGE 17 all the regulations in the ordinance to cover those districts. It probably could be done without a lot of public awareness. Measles referred to Section 21.18.04O(b) which would remove part of the lower and upper river where it states "shall be excluded from and shall not be considered a part of the habitat protection area but shall be subject to all other provisions of this chapter" and asked what it meant. Glick stated she understood it as excluding in regard to the 50' setback. She believes if it is excluding the area, it is excluding the area. Mr. Drathman's recommendation was to exclude the 50' habitat protection area because there are essentially no banks in the lower part of the river as there are in the upper river. • Attorney Graves stated he read it to mean the 50' setback wouldn't apply but the other regulations of what can and cannot be done in a flood plain will apply. Glick stated she agreed. Councilman Smalley referred to areas of exclusion for some of the habitat protection below the Warren Aames Bridge, the land lying between the outlet of Kenai Lake downstream and Cooper Creek, etc. In the definitions, Kenai River is defined as "the stem of water from Kenai Lake to the mouth, excluding Skilak Lake." Smalley asked if that was another exclusion. Glick answered yes. She added, there had been a proposed amendment in regard to the Skilak Lake exclusion at their 3/27/96 meeting but did not come up for further discussion last night. Smalley asked why it was proposed to be excluded because Skilak Lake is a ballooning of the Kenai River. Glick answered that was a question raised by a number of the assembly, however it was not discussed at the meeting last night. Smalley referred to 21.18.110, Penalty Violations and asked who would be responsible for litigation expenses if the city chooses not to adopt the Borough's ordinance. Glick answered she believed it would be the Borough's responsibility as it is their ordinance and they would be enforcing the ordinance. Smalley referred to 21.18.010 and noted at the bottom of the paragraph, "it is the intent of the ordinance to avoid duplicating regulations of ... municipal agencies ... and to minimize conflicts between the regulations and the ordinance." Smalley stated he continued to see the city in conflict on this issue. Also, the one area of the River really needing protection was the dunes and the ordinance did not speak to the dunes area. Smalley added, he perceived this area, as well as any part of the river inside the city of Kenai, as the city's responsibility. • • KENAI CITY COUNCIL APRIL 3, 1996 PAGE 18 MEETING MINUTES Smalley also asked, if areas were to be excluded, i.e. Skilak Lake, Warren Aames Bridge to the mouth, why couldn't the area from Mile 12 to the mouth be excluded. Also, different sets of regulations, create different standards by which people who live in the different areas are impacted. Glick agreed and added, the areas proposed for exclusion also included Kenai Keyes, Castaway Cove, and Poachers Cove Subdivisions. Justification to exclude them was that they were substandard lots the Borough approved and should be excluded because they could not comply. However, the motion to exclude them was defeated. Smalley stated to support his comment, if a community or municipality was set up with a definite set of standards, which it enforces for development, then that entity should be allowed to enforce its ordinances and should not be stepped upon by an outside entity. If a municipality doesn't have similar ordinances or wants the Borough to apply its ordinance to their area, then that would be acceptable. But if a municipality has an ordinance already enforced, it should be allowed to use that ordinance. Glick reported the City of Soldotna has an ordinance on the books which is more stringent than the Borough's proposed ordinance. Soldotna is loosening some of their rules and regulations. Glick also recalled, the last time she came before the council, Councilman Bannock suggested the City of Kenai property from 12'k miles from the mouth should be excluded from the Borough ordinance. Because there is city land on one side of the river (within those 12h miles) and Borough land on the other, it presents a problem for enforcement and possible discrimination. Smalley suggested the ordinance only speak to the Borough lands within that area. Glick stated that could be a possibility, however no amendment to that effect had been presented. Glick reported the ordinance would be back before the Assembly on April 16 and there were additional amendments forthcoming, as well as the ordinance being open for amendments up to the time the ordinance is adopted. Williams stated a problem could arise if the Borough would try to enforce police or civil power in regard to their ordinance, over the city's building code if the City issued a building permit to a person and the Borough did not or visa versa. The Borough ordinance does not speak to the city's permitting authority. t. • KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 19 Discussion continued in regard to the effect of the Parks Department, Fish & Game, etc. and their enforcement and protection of the river. The Parks Department was asked if the would enter into a Memorandum of Agreement in regard to y protecting the river and they said they would work on it. Mayor Williams noted the council would continue to monitor the situation. R-s• Discussion - Procedures for Management of Dipnet Fishers at Beach/River Mouth. Mayor Williams explained he requested Attorney Graves to resea if the city had the legal right to interfere with the di ne rch which has been approved by the Board of Fish. l tting city can do some things to prevent damage to city lands, bu the Public Trust Doctrine has to be considered allowingt the access to the beach. The city can control where accessbis made to the beach. Stev e PerriZO - Explained that he lives in the last home within the city limits on the south side of the Rivera He has experienced a lot of trouble with trash, damage to his and h home, trash, etc. and tearing down of the dunes. He suggested' is discontinuing allowing motorized vehicles on the beach south side. the Williams noted Attorney Graves had developed a no parkin ordinance on Kenai Avenue, which was introduced at the be in of the meeting. There are other things the city can do tc Wing control access to the beach, however enforcing the rules is a problem. Bookey stated he agreed with Williams and understood Perrizols concerns because more control on this side of the river will ush more people to the south side. Whatever is done, all areas of the river need enforcement. He hoped the city would be ready handle the problem. to Councilman Moore stated he believed the way to protect the be private properties, etc. is to restrict the use of motori ach, vehicles on the dunes and beach. There will be a zed if the road along the dunes is shut. If parking isaallow problem the sewer plant), there will need to be a limit of how long Eby Moore suggested a 24-hour maximum. g• KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 20 Smalley suggested, to help eliminate problems and enforce the code, a police officer will need to be stationed in the area. The city needs to respond to the protection of the area, including prohibiting driving on the beach. Bookey noted there would also be a financial problem. The boat ramp fees were set at $5.00. The boat dock will be inundated with garbage and bathroom use. It will be costly to regulate. Bookey suggested instituting a transportation service concession. Moore added, if the city didn't do something drastic, it will loose credibility. Councilman Bannock stated he was not ready to eliminate vehicle use on the south side of the river as there is access to the beach without using the road by the Perrizo home. Cetacea (a Borough street) could be encouraged to be used instead. It would be too far for people to walk. It was suggested the right-of-way (by Perrizo) be vacated in order to block public access to the beach at that area. Williams noted it has to be vacated by the Borough and they have objected to it in the past. Bannock suggested vacation be requested again because of the upcoming problems. Bannock also suggested the Borough be requested to put a sign up at Cetacea which would encourage the public to use that access to the beach. Perrizo suggested only allowing foot traffic by his home, however that would not remove parking problems. Councilwoman Swarner suggested large signs be placed at the Perrizo property informing the public the right-of-way was open only to foot traffic and request permission from the Borough to place a sign at Cetacea. Kornelis reported the Harbor Commission discussed concerns at their last meeting and will be addressing them again at their upcoming meeting. At their last meeting, the Commission discussed placing concrete pilings and large logs along Kenai Avenue to prevent people from driving off the road and onto the dunes. There could be an area to drive down Kenai Avenue, drop off equipment and people, and then drive back and park along Spruce Street. The Commission also requested signs be placed at the dock to instruct pleasure boats to move when fishing boats are needing to unload. Smalley noted enforcement of rules would be costly both is financially and personnel -wise. Smalley suggested requesting KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1996 PAGE 21 help from the State for additional dumpsters, outhouses, law enforcement (State Troopers), etc. Police Chief Morris stated there would probably be no help from the Troopers. However, he had $6,000 in his budget for overtime for officers to attend the Police Academy. If no officers are sent to the Academy, that money would be available for 200 hours of overtime for an officer to address the issues. The Harbor Commission was requested to discuss the matter further. Kornelis was directed to see what signs could be made, etc. Get a plan on paper. =-1. Mayor a. Hallway Houso - Williams reported the State had pulled their application to place a halfway house in Nikiski. This was due to the outcry of concerned Nikiski residents who spoke is against the placement of the halfway house during the last Borough Assembly meeting. A Corrections' representative contacted him and asked what Williams thought of the possibility of building a halfway house at Wildwood with the city•s participation in regard to furnishing bonding. The arrangement would be like the city•s participation with the building of the new court house. Williams asked..council of their opinion in -regard to this type of city participation. He added, a public hearing could be held in regard to the matter as well. Councilman Bookey stated he did not have a problem in talking with the state about the possibility of the city participating. Councilman Bannock stated he did not want to be involved as he was not convinced a halfway house was acceptable to have in the area. This was due to the fact there are no hard and fast rules about who would be housed in such a facility. Councilman Smalley stated parolees were already in the community, and are persons who could ease into society through a halfway house program, but have not because there are none available. It is something that will have to be dealt with. Smalley added, he would not say no to the prospect, but would insist on holding well -advertised public hearings prior to any decision made. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 22 Councilman Moore asked if the state could build a halfway house at Wildwood. Williams answered yes, the state owns the land. Although the Borough has no regulation to prevent having a halfway house in the Borough, the Assembly has indicated they will pass a ordinance to require a public hearing prior to placement in the Borough. Williams added, with the city funding the building, it could be involved in the design and development of the specifications and could guarantee the type of facility that would be built at Wildwood. Bannock stated, the city could guarantee the type of building that was built, but could not guarantee who would be living there. Additionally, having a house at Wildwood would bring house residents who are originally from other areas of the state. Bannock suggested a committee could be formed to review those persons considered for residency at a halfway house. Councilman Measles asked what would be the advantage to the city for aiding in building the halfway house. Williams answered, probably nothing, however the city could control how the building would be built. There would be some jobs involved for the area as well. Councilman Moore stated he would discuss the matter with the state, but didn't think he was interested. Smalley stated he thought there should be a public hearing. Councilwoman Swarner stated she agreed with Councilman Measles. Measles added, he didn't have a problem with discussing the matter with Corrections, but would want assurance there would be some direct benefit to the city. If the city used bonds to finance the - building of the halfway house, it would reduce the city's bonding capacity. Williams noted the city had a massive bonding capacity. Measles repeated, if there is no benefit to the city, why do it. Williams answered the city has an obligation to all members of the community, including those that would be residents of the halfway house until they are back in their own homes. Swarner added, she still thought that the benefit needed to be known. Williams stated he couldn't give one. Smalley offered, since some of the residents of the halfway house would be relatives and friends of people in the community, it may make them better people. Smalley asked Chief Morris of his opinion of halfway houses. Morris stated that halfway houses occur everywhere and probably will occur. There are approximately 300 people on parole and in the area at this time. COUNCIL MEETING MINUTES KENAI CITY hpRIL 31 1996 PAGE 23 is some Sort of halfway environment, there a house 1 did not have a prob in a half w Y Be 'personally supervision • through a halfway houses• treatment back into the'communitY, eople who have some asked if p re they are released 9 answered Sma1leeituation befo rison• majority. house end up back this it was a do better ut en did n a halfway house in bens it, b in having the matter. Smalley he was not interested with stated to hear discussion Cor888tated�he Moore willing discussed the Measles Kenai, but was they come to 11ght. suggested that if a city may ef its to the them know more ben for discussion' and let reminded was °pen contact Corrections Measles would matteY• it was Williams stated he to discuss the has had ,house at council was willing build a halfway the other discussions council that in should councilthat Corrections suggested_ Williams Wildwood. ateY Collection BKeneLan%aster whichewas BolaotAa y�aste letter from Mayor suedes b• 3 19�96 Lancasterhethe the / in the letter,to referred in the packet. a present plant to treat both included city of Kenai rel wastewater would be effected by area meeting using the K This Thompson possibility °f wastewater. system to the acent areas soldotnaeXtending their $ervice to adj Kenaiof Soldotna stem. LIDs. City Dining into Kenpark systems be joined by and j with Mayor Lancaster to enroute to Thompson scheduling a meetingManninen in attendance• suggested I with City Manager Willsthe proposal suggested. discuss1996, at 9:00 a.m. was rant was April 11,reported a g - WilliamsWillia an ported of newspaper eaghalin gXCiti • to hold c. Sister Cities Clarions Sakhalin and the Peninsula reported the amount receleefrom Sa - Williams rep getting prop a Birch & Birch was g �ebiale8/�irst proper at first d' the corner prop of vehicles on wor8e• r� V • KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1996 PAGE 24 EXECRTM B_L88JOH - City Manager Evaluation. MOTION$ Councilman Smalley MOVED to convene in an executive session of the council of the City of Kenai concerning matters which by law, municipal charter, or ordinance, are required to be confidential and requested Mr. Manninen, the City Manager attend it with council. Mayor Williams asked if council could have some time before the city manager comes up and send for him? Smalley had no objections to the request. Councilman Bookey SECONDED the motion. There were no objections. 80 ORDERED. E$ECUTIVE 8E88ION CONVENED: 1010 P.M. COUNCIL MEETING REGUMED1 1110 A.M. Councilman Smalley reported during the course of the executive session council discussed the evaluation with the city manager and the present employment agreement that the city has with the city manager. The council will be drafting a new employment agreement and would request the city attorney draft a letter to the city manager as required by the present agreement, notifying the city manager of +she expiration of the present agreement, effective July 31, 1996. Mayor Williams asked if there was anything else. Councilman Smalley stated he believed that was all unless another councilmember had a different observation than he. Councilman Measles requested that the letter be signed by all council members and his name be put on the dissenting list. Mayor Williams noted there would be two lists, a dissenting list and an agreeing list. Williams asked if there was not something else in regard to the development. Smalley answered, not that he sat down and said this is exactly what his perception of the agreement, unless someone could correct him. Attorney Graves stated that if that was council's intent, it might be appropriate to have a motion to direct him to give that notice because there are some limited things the council can actually do in an executive session and that may be one of them. He added, he thought to say it in a motion and vote. Mayor Williams requested an AT EASE at 1:14 a.m. There were no objections. Council meeting resumed at approximately 1:18 a.m. It KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 25 Councilman Smalley stated his comment was that during the executive session council discussed the evaluation of the city manager and the present employment agreement that the city has with the city manager. The council will be drafting a new employment agreement and that they request the city attorney draft a letter as required by the present agreement, notifying the city manager of the expiration of the present agreement, effective July 31, 1996. Mayor Williams directed the city attorney to offer two sides to sign as two members have dissented. MOTIONS • Councilman Smalley MOVED that the action take place, the letter be written. Councilwoman Swarner SECONDED the motion. Councilman Measles and Councilman Bannock objected. Clerk Freas was requested to call the roll. VOTE: Measles: No Bannock: No Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes NOTION PROBED. Mayor Williams noted the motion carried. CONTINUATION OF ADMINISTRATIVE REPORTSS I-84, City Manager No report. I-3. Attorney No report. I-4. City Clerk No report. I-5. Finance Direator No report. . R8liAI CITY COUNCIL MEETING MINUTES APRIL 3, 1996 PAGE 26 J 0 =-6. Public Works Director No report. =-7. airport Manager No report. J-1. citizens None. J-2., Council Bookey - Stated he would like discussion at the next council meeting in regard to the bed tax. Councilman Smalley supported the request. There were no objections. Swarner - None. Moore - None. Measles - None. Bannock - None. Smalley - Reported the streets looked good. The meeting adjourned at approximately 1:20 a.v�., April 4, 1996. submitted by: witow6D BY COUNCIL DA76 � � "t -L.;X