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HomeMy WebLinkAbout1995-12-20 Council MinutesAGENDA KENAI CITY COUNCIL - RZGULAR MEETING DECEMBER 20o 199 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an- asterisk (*Y are,omnsiderel to be routine and non -controversial r t%e: xunci3''and will be approved by one m'otion.. There will use no. separate discussion of these as unless, a Council Member so requests, in which cafe; the ites, will be removed from the Consent Agenda ind considered in its. normal sequence on the agenda as Irrt of the General Orders. it. SCHEDULED PUBLIC C. PUBLIC HEARINGS 1. Resolution No. 95-77 - Establishinq the Att esrized Signatures for Withdrawal'Pion Depositorie's of Municipal Funds. 2. Resolution No. 95-78 - Transferring $2,000 in the Airport M&O,Special Revenue Fu `,for Installation of Interior and Exterior Electrical Plug-lns in the New Carport Building. 3. Resolution No® 95-79 - Tr erzfng $1,200 ;n the Airport Terminal Enterprise for Install4t on of Electrical. Outlets. 4. Resolution No. 95-80 - Supporting the C p'stion of txe Kenai Spur Unity Trail Pedeatrian/Rike Pith -and the Kenai Spur Highway Expansion ftq: 66t, in the Phases as originally Scheduled, as a Number -One Priority on the National Highway System. 5. Resolution No® 95-81 - RecogmzIng t or al and Economic Importance of the Ala a, Comme'ri cial ,Salmon Fishing Industry and Opposing tr IV I.S.F. Initiative. 4. Approval - Assignment of Lease for Security Purposes - Lot 9, Block 1, Cook Inlet Industrial Air Park from Ronald Johnson and Charles Grimm to First National Bank of Alaska. 5. Approval - 1996 Alaska Municipal League Membership Dues - $1,893.00. 6. Approval - Department of Health & Social Services Agreement - City Hall. 7. Discussion - Possible Amendments to the Polices and Procedures - Leif Hansen Memorial Park. 8. Discussion - National Flood Insurance. 9. Discussion State Transportation Needs and Priorities. EXECUTIVE SESSION I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager .T. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING December 20, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams, Bookey, Swarner and Moore. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-1, James McCubbins - Eagle Scout Project/Welcome to Kenai sign for north end of town. ADD AS: B-2, Dick Hultberg - Request amendment to code regarding placing of advertisement fliers on vehicles. ADD TO: C-5, Resolution No. 95-81 - Additional Information: Resolution No. 91-2 (supporting the eastside Cook Inlet setnet fishery) and Council Meeting minutes of 2/6/91 in regard to Reso. 91-2. ADD TO: G-1, Old Business - Additional Information for Timber Sales discussion: a. 12/18/95 P.O. Hansen letter (reed 12/20/95). b. Kenai Peninsula Resource Conservation and Development District report of Timber Operators and Owners Workshop (reed 12/20/95) ADD TO: I-2, City Manager's Report - 12/20/95 TM letter regarding FAA Antenna Farm. • y. 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. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 2 A-6. CONSENT AGENDA There were no changes made to the consent agenda. Mayor Williams noted the consent agenda would stand as presented. ITEM Bs SCHEDULED PUBLIC COMMENT B-1. James MoCubbins - Eagle Scout Project/Welcome to Kenai sign for north end of town. McCubbins explained that he is working toward an Eagle Scout award and wants to place a "welcome to Kenai" sign at the north end of town. McCubbins reminded council that he had requested permission to place the sign and financial assistance from the city a few years ago, but that the money had lapsed. McCubbins requested re -approval of the funding. McCubbins explained that he would be requesting aid from carpenters and friends to help him complete the project, and requested permission to use the city shop during the day. He will also be using the KCHS shop. He plans on placing the sign in the spring. Smalley referred to minutes nf the 1991 meeting in which Mccubbins originally requested financial help from the city. Smalley asked if an encroachment permit has been received. Public Works Director Kornelis explained that he referred McCubbins to George Church at DOT in regard to placing the sign in the state right-of-way. Kornelis added, he checked with the city's Building Official and found that he will not be needing a city encroachment permit as the sign is an informational sign. McCubbins explained he planned to use redwood slants with wooden letters on the face of the sign. It would be a one-sided sign with the lettering to be seen coming into the city from the north. Councilwoman Swarner suggested the sign include a "thank you for visiting Kenai" on the back side to be read leaving Kenai going toward Nikiski. Mayor Williams requested a more detailed picture of the sign with actual dimensions, etc. for the city file. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 3 MOTION: Councilman Smalley MOVED that the City assist Mr. McCubbins in sponsoring his Eagle Scout project for this sign on the north entrance of town for a cost not -to -exceed amount of $1,000. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. B-1. Dick Hultberg - Request amendment to code regarding placing of advertisement fliers on vehicles. Mr. Hultberg stated his address to be 1618 Fathom Drive in Kenai. Hultberg explained that he recently attended the bazaar at the Kenai Central High School during the Thanksgiving holiday. While there, he found there were various groups in the area who placed advertisement fliers on the windshields of vehicles using the parking lot at the school. Hultberg stated he found the fliers to be a nuisance as they come loose from the vehicles and they become trash to be picked up during the spring clean-up. Hultberg requested an ordinance to make people who place the fliers, be responsible for cleaning up the loose fliers. Councilman Bookey asked if the Code covered this problem. Attorney Graves stated he would do a report on handbills and what other communities have done to circumvent the problem. Council requested Graves to investigate the matter and report back for the next council meeting. ITEM C: PUBLIC HEARINGS C-1. Resolution No. 95-77 - Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-77 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: `" There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 4 C-2. Resolution No. 95-78 - Transferring $2,000 in the Airport M&O Special Revenue Fund for Installation of Interior and Exterior Electrical Plug -Ins in the New Carport Building. MOTION: Councilman Measles MOVED for adoption of Resolution No. 95-78 and Councilman Smalley SECONDED the motion. There were no public comments. Councilman Bookey asked if work on the project had begun. Airport Manager Ernst explained that the work had begun and apologized for that. However, Ernst further explained that Finance Director Sweeney brought it to his attention the project was not a repair and maintenance project, but a capital improvement project, and because the cost was over $1,000, it had to come to council to move funding from the Repair and Maintenance Account to the Special Revenue Fund. Otherwise, it would have been within the limits of his authority to write a purchase order for $2,500. Councilman Bookey stated his concern that the cost of this particular project had gone over budget and stated he was not comfortable in spending any more money on the project. Bookey asked if any more doors or heaters were to be added to the project. Ernst replied, doors would be added at some time, but they do not plan to put heat in the structure. Bookey stated his distress with the project and that it had gone out of control. He would have liked to have the costs included in the regular budget and carry it through or have the council set a priority at budget time. Williams noted the resolution included a statement from the Finance Director explaining it is an authorization to spend money for a capital asset which will be depreciated in the future. Councilman Moore asked Finance Director Sweeney what the city's capitalization policy is for capital assets. Sweeney answered, assets that are in excess of $1,000 and have a useful life in excess of one year. For an improvement to a building, the aggregate is investigated. If the aggregate meets those two requirements, and either provides a new function to the building or will extend the useful life of the building or asset, then it is capitalized as an improvement to the building. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 5 141Q�F Measles: Yes Williams: Yes Moore: Yes MOTION PASSED. Bannock: Yes Bookey: No Smalley: Yes Swarner: No C-3. Resolution No. 95-79 - Transferring $1,200 in the Airport Terminal Enterprise Fund for Installation of Electrical Outlets. MOTION: Councilman Measles MOVED for adoption of Resolution No. 95-79 and Councilman Smalley SECONDED the motion. There were no public comments. Councilwoman Swarner asked if this work had begun. Ernst answered yes and added, the work was started because the ditching was done prior to the frost. Again, it was a $1,200 authorization, which at the time, believing it was a repair and maintenance item, he thought he had the authority to go forward with the project. Ernst explained outlets which had been available for use, had been removed so the Structure COu ld he ,,laced d =tid ml, e1' _ • A r •.`z' •• p .:g n5 �n81..e the building and added two sets of plug -ins for the outside of the building so that when city employees fly out, they can plug in their vehicles. The rest of the funding would be to extend outlets for the general employees of the terminal. Measles asked how many outlets were to be placed. Ernst explained, two banks of four inside the building and two banks of two on the backside of the building. There would be one for every two parking spaces beyond that. Those would be on pedestals of banks of four -- approximately four pedestals in the employee parking area. The pedestals are those left over from the original construction of the new portion of the terminal. Measles asked if the availability of plug -ins for general employees of the terminal at that end of the building, would be a problem if they are not available for other employees' use. Ernst answered, there are outlets on the other side of the terminal (restaurant and car rentals). Measles asked if a terminal employee could complain that plug -ins are available for some and not for all. Ernst answered, there could be complaints from someone not working on the north side of the building. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 6 Ernst added, there may be a problem if another airline would rent in the terminal. There are more pedestals available for use. Councilman Bannock asked if the availability of plug -ins was something new. Ernst answered it is new, as far as making free plug -ins available to terminal employees. The car rental agencies pay for their plug -ins. They are metered separately. Councilman Measles stated his concern that the cost for use of the plug -ins on one side of the building would be absorbed by the city, but on the other end, are not. Ernst explained the plug -ins have not been placed for the terminal employees. If council does not want them placed, they do not have to be. The wiring is now up to that area, but has not been placed for those plug -ins. The only plug -ins available would be those for the city employees use (which are situated on the building). Those were included in Resolution No. 95-78. Ernst added, as soon as he found he was in err, he had the work stopped. Williams asked who would be using the plug -ins. Measles and Ernst answered, the airline employees. Ernst added, the airline employees requested them and he did not think it would be a Problem. Measles stated he would not have a nroblem with making the plug -ins available, if the plug -ins at the other end of the terminal would be available under the same conditions. Ernst stated that could be a problem as the restaurant parking area is the only place where the city would have the choice of paying the costs for the plug -ins. It is not included in the car rental agencies' contracts for the city to supply electricity to the plug -ins. Measles suggested that if the airlines want plug - ins, they should install a meter and pay for the electricity like the restaurant or car rental agencies would do if they elected to turn the power on to their plug -ins. Measles added, all the lessees should be treated the same. Ernst stated he would prefer council to say no to placing the plug -ins for the terminal employee use if they do not feel comfortable in making them available. The work is at a point where it does not have to be done, except those for the city employees. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 7 Councilman Bannock stated he would like to see the plug -ins there if there is a need for them. However, he would like them to be on a meter by whatever business is responsible for using them, like at the other end of the building. Councilman Smalley stated he did not have a problem having the plug -ins metered. He agreed with Measles' concerns in regard to having free use of plug -ins for one and not the other. Swarner asked what the cost would be for a meter. Ernst suggested $100 to $200 for a 100 amp meter. MOTION: Councilwoman Swarner MOVED to table the resolution and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. C-4. Resolution No. 95-80 - 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. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-80 and Councilman Bookey SECONDED the motion. There were no public comments. Councilman Smalley stated his concern of the statement in the resolution "a number -one priority." However, he felt the trail was needed and would support the resolution. Councilman Bannock stated he did not support the placing of the bike trail as a "number -one priority." Public Works Director Kornelis explained the resolution was brought forward after the council's luncheon with area legislators. The pedestrian bike path is part of the highway project. The DOT has re -prioritized projects and that information was available as Item H-9. The new listing names a lot of projects as number -one priorities. The concern is that DOT moved the completion of the Spur Highway project, at the Soldotna end, lower on the list, from a number -one priority to a number -three priority. Bannock stated he believes the completion of the highway is a major priority, but did not believe the bike path is either a KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 8 number -one priority or a priority. Measles agreed that the completion of the highway should be a much higher priority than the bike path. Kornelis further explained the new ratings of the state's highway, etc. projects. Kornelis noted the DOT changed the priority of the Soldotna end of the Spur Highway from a number - one to a number -three priority as a National Highway Project. They also left the bike trail as a number -one priority under the TRACK program. Measles suggested the resolution be re -written and remove all references to the bike trail, emphasizing the completion of the highway project and not the bike trail (heading, the therefore paragraph and, remove the fifth whereas). Councilman Smalley suggested a second resolution be produced for support of the Unity Trail. Williams suggested Resolution No. 95-80 state that the completion of the Spur Highway Project was moved to a number -three priority and should be upgraded to a number -one priority. MOTION: Councilman Smalley MOVED to table Resolution No. 95-80 and present it at the next meeting with a complete re -write of this document, sneaking specifically to the Spur Highway Expansion Project and a separate resolution speaking to the pedestrian bike bath. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. C-5. Resolution No. 95-81 - Recognizing the Social and Economic Importance of the Alaska Commercial Salmon Fishing Industry and Opposing the F.I.S.H. Initiative. MOTION: Councilman Moore MOVED for approval of Resolution No. 95-81 and Councilwoman Swarner SECONDED the motion. There were no public comments. Williams noted that he included copies of Resolution 91-2 to point out that the council has had a policy of being very careful between its support of either the sport or commercial fishing industries. However, the council has always stated that proper biological information and proper KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 9 biological allocation should be uppermost in the State's desire to control the fishery and the fisheries should not come under a political situation in regard to allocation. Councilman Moore explained the Initiative, on the surface, may appear harmless, but if looking at it more closely, it could impact Cook Inlet more than in any other part of the state. The problem with the Initiative in that it is not region -specific, but based on statewide salmon harvest. Some of the definitions of the Initiative are that harvest need is harvest capability or what you need equals what you are capable of harvesting. Also, the Initiative is based on projections and not actual runs. Moore also added that of the top ten taxpayers in the city, three of them are fish processors. Councilman Bannock stated he knows little about salmon harvesting and would prefer not making a decision until the other side of the topic is heard. Bannock added, he would not be comfortable in voting on the resolution at the meeting. Ron Rainey - Rainey reported that a representative of F.I.S.H. Fairness in Salmon Harvest is scheduled to speak at the Kenai Chamber of Commerce in the next few weeks. He also would like to hear both sides of the issue. Councilman Bookey agreed with waiting on a vote until after hearing both sides of the topic. Williams suggested a change be made in the "now, therefore" paragraph. The paragraph should read: Now, therefore,..., Alaska, recognizes the social and economic importance of the Alaska commercial salmon fishing industry to our community and to the State of Alaska and that we oppose the passage of the F.I.S.H. Initiative. An addition to the last whereas should also be made, i.e., ...Board of Fisheries through sound biological information rather than political consideration. MOTION: Councilman Bannock MOVED to table Resolution No. 95-81 and Councilman Bookey SECONDED the motion. Measles requested the resolution be brought back for consideration of council at the January 17, 1996 meeting. Moore noted that date would be after the deadline for submitting KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 10 signatures for the legislature. Measles stated they could proceed with the signatures, and the Legislature would not have acted on anything at that time. There would still be time to address the matter with the Legislature. Moore added that if the Legislature does not act, the Board of Fisheries will have to vote on it. It is more than the Legislature involved. C-6. Resolution No. 95-82 - That the City of Kenai Goes on Record Supporting the Permit Applications of the Beaver Creek Bank Restoration and Protection Group Submitted to Various Agencies and Directs That This Resolution be Sent to the Alaska Department of Fish and Game and to the Applicants. Councilman Measles MOVED for adoption of Resolution No. 95-82 and Councilman Smalley SECONDED the motion. Ron Rainey - Rainey (the applicant requesting the resolution) explained there are two hurdles to cross: one, the permit to get the project underway and, two, requesting matching funds from the Exxon Valdez Trustee Council for the project: Rainey added there is no one else in the city of Kenai applying for the funds. However, there are 66 other applicatants in other areas requesting funds. Williams asked Kornelis if the city applied for Exxon Valdez Restoration funding for projects inside the city. Kornelis answered yes. Rainey corrected his statement as no other individuals in the city have applied for matching funds. VOTE: There were no objections to the motion. SO ORDERED. C-7. 1996 Liquor License Renewal Application - Mr. D's/Don's Again - Tourism. Approved by consent agenda. BREAK TAKEN: 7:56 P.M. BACK TO ORDER: 8:13 P.M. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 11 ITEM Ds COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported the minutes of the recent meeting were included in the packet. Swarner added there was a lengthy discussion about smoking at the Congregate Housing complex. Swarner added, the topic would come to council in a future meeting. Williams noted the discussion in the minutes regarding placing automatic front doors at the Center. Williams suggested Administration prepare a cost estimate to place automatic front doors and include the information in the next budget. Adding the doors will make the building more in line with the ADA requirements. Administration was directed to include cost estimates, etc. in the budget for discussion. D-2. Airport Commission Councilman Measles reported the minutes of the recent meeting were included in the packet. He did not attend the meeting. Williams requested Administration investigate the costs, etc. of having the access ramp and canopy remodeled at the airport terminal and place the information in the budget for discussion. Again, the improvement would make the building more in line with the ADA requirements. Airport Manager Ernst noted that the building has already met the ADA requirements. Williams stated, it may appear that the present design meets the requirements, but he does not think it a safe situation. Williams added, he would like a redesign of the entryway with a more graduated ramp for better protection from freezing. He added, he did think the grade was correct. Ernst noted the engineer reviewed the area and said it met the criteria. D-3. Harbor Commission Councilman Bookey reported the minutes of the recent meeting were included in the packet. There were no comments. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 12 D-4. Library commission Councilman Moore reported there was no meeting since the last council meeting. Moore did report the open house at the library was a huge success and that over 300 people attended. Councilman Smalley asked if the number of card users at the library include summer residents. Library Director De Forest answered, the summer residents are automatically renewed by computer. Smalley asked if 12,500 would be closer to the actual number for use of information in the Comprehensive Plan. De Forest answered yes. D-5. Parks & Recreation commission Councilman Bannock reported a meeting was held two weeks ago. The minutes were included in the packet. Tim wisniewski was added as a new member. Bannock added, in referring to the report of the vandalism to the restroom at the beach, the Commission sent along a respectful, "told you so." Bannock suggested the building be strapped up for six months to protect it from further damage. Smalley and Bookey agreed. Smalley asked if the restroom at Cunningham Park was as vulnerable as the one at the beach? If t ems, he would like both to be banded and plywood placed around them. After a short discussion, Williams suggested Administration protect the assets of the city. Council agreed. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of the last meeting were included in the packet. Smalley reported the Commission discussed the National Flood Insurance Program. The Commission was concerned that the Program could severely limit development in the flood area. The Commission has requested a sample ordinance be drafted and brought back to them. They want to insure that, when reviewing a draft ordinance, the city's protections are included and wouldn't create difficulties for the residents. Smalley suggested the Harbor Commission also be invited to the work session scheduled on January 23. The updating of the Comprehensive Plan is progressing. The Commission also discussed the goals and objectives of other KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 13 commissions and committees. Smalley reported he suggested to the commission that those goals and objectives be included in the Comprehensive Plan as the group submitted. They agreed. Smalley also reported Commissioner Booth was sworn in. The Commission has a full body at this time. Clerk Freas referred to a letter included in the packet from Mr. Verdugo requesting the Planning & Zoning Commission meeting be changed to January 16 so that they can more easily schedule their visit to Kenai. They plan to make a presentation at the January 17 council meeting and would also like to make a presentation to the Planning & Zoning Commission. Moving the meeting would help. Freas suggested a special Commission meeting be held and that way there would not be added pressure in regard to public hearings, etc. which may have to be advertised, etc. Council directed that the Planning & Zoning Commission be requested to hold a special meeting on January 16, 1996. D-7. Miscellaneous commissions and Committees Historic District Board - Council referred to the memorandum included in the packet in regard to the December 26, 1995 scheduled meeting of the Board. Because there is a shortage of members and it was expected that there would not be a quorum of the active members for the upcoming meeting, Council directed the meeting to be cancelled. Challenger Learning Center - Councilman Bannock gave a brief report on the Steering Committee's most recent meeting. The Committee developed a list of questions to review at each meeting. Also, a local radio personality, who had been very negative in regard to the Committee's efforts, attended the meeting and left it with a very positive attitude. Williams noted that he found six possible funding sources for the Center and has passed the information on to Kathy Scott. ITEM E• MINUTES E-1. Regular Meeting of December 6, 1995. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 14 ITEM F• ITEM Gt OLD BUSINESS G-1. Discussion - Timber Sales on City Land; Resource Conservation and Development. Mark Hodgins - Introduced the purpose of the Kenai Peninsula Resource Conservation and Development District (RC&DD) as a resource to connect timber owners with small timber operators. The RC&DD will be working closely with the Economic Development District. Hodgins reviewed selective harvesting and the local timber operators' use of timber. Hodgins encouraged the city to consider selectively logging the beetle -killed trees on the Section 36 lands and other city -owned lands. Hodgins offered his help in connecting the city with local harvesters. Hodgins also reported he has a youth enterprise group at Nikiski High School who would, for a small fee, survey the properties for a count of the beetle -killed trees and estimate the value. City Manager Manninen stated that in his discussion with Mr. uneininc a nni�r�lo of a.r Ira arcn he indinated he had different people willing to service different tracts. For instance, there may be some people that might want to go into Municipal Park, if we were to mark some of the dead and dying trees in there and harvest for firewood burning, half -a -dozen trees. But the area in Section 36, you probably want to get a bigger operator in and get crews and get the trees identified and decide what to do there and probably that land could be cleared for little or no net cost to the city by the time money is received from the timber operator. The roads would end up being put in and the dead trees out of there. That is his hope. There are other areas, perhaps the Parks people could identify Cunningham Park, Municipal Park, other parks that there may be a few trees and that could be marked and let people go in and take out if they meet the requirements that the city has. We wouldn't want any liability, insurance -wise and we wouldn't have them hiring half -a -dozen people and having people get hurt in there. But, if a single people working for themselves and may not require the Worker's Compensation and having hired people working for them. It may be a workable situation then for small parcels. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 15 Councilman Smalley stated he reviewed the documents included in the packet. Smalley asked if the road right-of-ways are marked in Section 36. If they are not, they would not be able to be done. If they are, what happens to the liability of the city if someone would take trees outside of the road right-of-way? Another concern was the question included in Kornelis' memorandum (included in the packet) which asked if the city would want to take all dead and infested trees of over 911. Smalley stated he would want any healthy tree, even over 9" to remain. Smalley thought it a poor choice of words to say the city would want the land "cleared." Councilman Bookey stated he did not have a problem with logging the city land. However, the logging industry is an extremely dangerous industry, and the city would need to be very, very careful to draw up whatever is needed to ensure the liability for the city is non-existent. Williams referred to Dr. Hansen's letter, distributed at the beginning of the meeting. Williams stated that at some time in the future, the city may want to have the right-of-ways in Section 36 surveyed, etc. and encourage development of the area, i.e. approaching Princess Lodge that land is available in the city conducive to a rural lodge setting. Williams suggested the City should investigate the cost for having the area surveyed. Measles agreed that the city should find out what it would cost to have the right-of-ways surveyed in Section 36. At this time the city owns land adjacent to each of the rights -of -way. If there is no development in that area soon, the city may own more. Administration was asked to investigate the cost of surveying all the road right-of-ways within Section 36 (the centerline of the road). ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED for approval of Item H-1 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 16 H-2. Purchase Orders Exceeding $2,500 Councilman Measles MOVED for approval of the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H-3. 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. Approved by consent agenda. H-4. Approval - Assignment of Lease for Security Purposes - Lot 9, Block 1, Cook Inlet Industrial Air Park from Ronald Johnson and Charles Grimm to First National Bank of Alaska. MOTION: Coouncilman Smalley MOVED for approval of the Assignment of Tease for Security Purposes - Lot 9, Block 1, Cook Inlet Industrial Air Park from Ronald Johnson and Charles Grimm to First National Bank of Alaska. Councilman Measles SECONDED the motion. Attorney Graves reported administration had no objections to the assignment. VOTE: There were no objections to the motion of approval. SO ORDERED. H-5. Approval - 1996 Alaska Municipal League Membership Dues - $1,893.00. MOTION: Councilman Bookey MOVED to approve the 1996 Alaska Municipal league Membership dues in the amount of $1,893.00. Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 17 Swarner asked if the dues were the same amount as last year. Clerk Freas answered no, the amount was about double that of last year. Bookey reminded council that the cost was more because the Borough said they would prorate the cost and then didn't. A discussion followed about the phase -in of higher dues. Measles noted that the shortfall will only be in the Kenai Peninsula Borough. However, the shortfall is not as big as was initially thought. VOTE: There were no objections to the motion. SO ORDERED. H-6. Approval - Department of Health & Social Services Agreement - City Hall. MOTION: Councilwoman Swarner MOVED for the city to enter into a new agreement with the Department of Health and Social Services for the period February 1, 1996 through January 31, 1997 at the current rate. Councilman Measles SECONDED the motion. IULLLU' 1 llwoma Swarner requested UNANIMOUS NANTMOU0 CONSENT. Bookey asked if there have been any discussions in regard to the Health Department moving to the old courthouse building. Williams stated no and added, he believed the city should continue to urge and support a move of the Health Department to a more appropriate facility. VOTE: There were no objections to the motion. SO ORDERED. H-7. DiSCUSsion - Possible Amendments to the Polices and Procedures - Leif Hansen Memorial Park. Clerk Freas reviewed her memorandum which was included in the packet. The memorandum reminded council that a letter from Dennis and Susan Townsend was reviewed by them at their September 20, 1995 meeting. The Townsends had stated their concerns that the Leif Hansen Memorial Park had been used for large gatherings with bands, etc. and that type of use may be detracting from the peaceful memorial park for which it was developed. During that KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 18 meeting, council directed the Townsend letter and a copy of the Policies and Procedures for the park be forwarded to the Beautification Committee for comments and then those comments be forwarded to the Parks & Recreation Commission for their review and comment. The comments from both the Committee and Commission were included in the memorandum. Those comments were as follows: Beautification Committee Comments: Recommend that the city continue to allow groups to use Leif Hansen Memorial Park but recommend that larger groups use other park facilities which are better able to accommodate them. In addition, tents and other items should be set up away from the memorial plaques, shrubs, etc. Parks & Recreation Commission Comments: Given the memorial intent of the park, the Commission recommends to council that events of less than 50 people be allowed to use the park, but that larger groups use the green strip area, with administration having the final say. Council reviewed the comments. Councilwoman Swarner questioned whether the park could continue to be used for weddings. Parks & Recreation Director McGilliv ay added that the Commission's comments were made with the understanding that weddings could still take place at the park, knowing that there could be more than 50 people in attendance. Councilman Measles suggested guidelines be written for park use with groups of over 50 people. The guidelines should state what type of event could take place there with over 50 people. Williams questioned whether events with small children in attendance is necessarily offensive. Measles stated he agreed that their presence may not be offensive, however he finds it very offensive when children are swinging on the trees, etc. and parents do nothing to stop it. Measles added, events that bring larger crowds should use the green strip area. Councilman Smalley stated he agreed with Measles and that larger events with entertainment, etc. should use the green strip area. There are restrooms available as well. Swarner suggested limiting the time of use of the park to one hour for large groups. Swarner added, during Veterans Day and KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 19 Memorial Day services, the park is not used for more than one- half hour and many times, there are more than 50 people in attendance. Swarner added she did not disagree with Measles in regard to using the park for weddings, memorial services, memorial services, etc. If there is going to be entertainment or food, the event should be at the green strip. Councilman Bannock stated he would like to see a definition of activities that would be allowed, i.e. weddings, funeral, memorial services, etc. would be acceptable. Birthday parties, Kenai River festivals, etc. should not be there. Williams suggested no functions be held at the park at which food is a major part of the event. Events with food, etc., should use the green strip where electricity, barbecues, water and restrooms are available. Council requested Administration to develop guidelines be developed for use of the park. The guidelines should be brought back to council for final review. H-8. Discussion - National Flood Insurance. Councilman Smalley reported the concerns of the Planning & Zoning Commission's review of the flood insurance ordinance. Item 1.4 Of the prevention ordinanCe includes much of the Same Concerns council had with the overlay ordinance. The ordinance could limit or restrict development. Another concern was what kind of cost factor would it have to the city. An estimate of cost to the city would be the time in drafting the ordinance, cost of advertisement of public hearings, and the policing of the ordinance. Smalley added that Item 1.4 was the major concern of the Commission. However, passage of the ordinance would allow for flood insurance to be purchased by property owners. Councilman Measles stated the same concerns were why the city did not go into the program in the 19801s. In the recent flood, it was found the Borough did not police their ordinances, building codes, and other requirements which they agreed to do when they began their participation in the flood insurance program. Williams stated his question was whether the city should join the flood insurance program based on the number of people that would be affected in the city in a historical perspective. Williams KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 20 added, most of the damage along the River was due to erosion and not flooding. By joining the program, would the community be done a service? Councilman Measles asked if the acquiring flood insurance improve the property owners' situation in order to get insurance for flood erosion? If they went to a standard company for insurance? Measles stated he did not believe that there was anyone inside the city who was affected directly by the flood. The damage in the city was bluff erosion, not flood damage. Measles added, if the city decides to join the flood insurance program, all the requirements of the flood insurance program would have to be included in the city's building codes, permitting processes, etc. Measles added, if the city was participating in the flood insurance program, homeowners may not have been able to build their homes where they are built. If all of what is stated in the program is followed, insurance costs would be cheaper because the homes wouldn't be built where they are and there would be no risk. Smalley stated those were the discussions which Planning & Zoning had on the subject. Williams added, participating in the program could prevent a contractor from developing property along the bluff. Bookey agreed. Council referred to the question included in City Engineer La Shot's memorandum regarding the flood insurance program which asked, "Should administration proceed with preparation of a resolution and ordinance using the samples as a guideline and begin the process of adoption? Council's answer was no. H-9. Discussion - State Transportation Needs and Priorities. Public Works Director Kornelis reviewed the Needs and Priorities with council, noting that comments needed to be forwarded to the State by January 8, 1996. Kornelis stated he would include the topic in the next packet also in order for council to have more time to review the information and make comments. Kornelis noted that many of the projects listed are stated to be in Kenai when they are not. Kornelis suggested a letter be sent to the State suggesting they correct the locations of the projects. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 21 Kornelis was directed to write a letter requesting the location of the projects be corrected and ask whether the Forest Drive improvements are in the engineering phase. Administration was also requested to bring to the January 3, 1996 meeting, resolutions in support of the Spur Highway Expansion Project completion in Soldotna; completion of the Unity Trail Bike Path project; the Forest Drive/Redoubt Avenue improvements; and the beach road project. All should be moved to priority one status. EXECUTIVE SESSION None. ITEM I: ADMINISTRATION REPORTS I-1. No report. I-2. Mayor City Manager FAA Antenna Farm - City .Manager Manninen referred to his letter to Mike Tarr, Manager of the FAA Flight Service Station, which was distributed at the beginning of the meeting. Manninen stated the letter was sent to Mike Tarr, after the mayor was in about a week ago and they found out the antenna farm was being considered obsolete. After a phone call today, Mike said to send him a letter and he would send it upstairs to the FAA people to give some consideration to making that facility obsolete and get back to him to specify what we want. Basically, what we want is to get the antenna moved out and to get possession of the property for the city and let the city operate that property and own it, operate it, lease it, whatever the city council decides to do with it as we do with other airport -owned lands for the benefit of the airport and airport operations. Tarr said it sounded like it was eligible and to send him a letter. Position Classification Plan - Manninen also reported that the Position Classification Plan update should be forwarded on January 17. The work group is finishing their interviews of personnel this week and they plan to have something written to KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 22 him by next week and he plans to turn that around to the department heads by the first week in January and get a final recommendation to the council by the second meeting in January. Both the work groups and the personnel rules update. I-3. Attorney Attorney Graves reported the bankruptcy hearing in the McLane case, which had been scheduled for 12/20/95, was continued to January. He will keep council updated. 1-4. City Clerk City Clerk Freas reported she received a telephone call from Liana Bigham, the Government teacher at KCHS. Ms. Bigham stated that due to various reasons, she would request that the city's Student Government Day be moved to January 17, 1996. This would give her more time to prepare the students, etc. It was noted that the semester would have ended by then and the students would no longer be studying Government. Freas explained that the students would be studying Sociology and the same students would be involved with that class as were involved with the Government class. CounciiaTian Smalley requested permission frol .,... ..ouncat0 Speak with the teacher and suggest that, if the concern of the school has been to have Student Government Day when they are studying the government portion of the senior Civic's class, that it be done in the fall in the future instead of postponing, etc. Council changed Government Day to January 17, 1996. Councilman Smalley stated he would advise Ms. Bigham. I-5. Finance Director Finance Director Sweeney reported he prepared and distributed the budget packet to department heads; has prepared a milestone schedule in regard to the Thompson Park Water and Sewer Assessment District and will include a copy of it as an information item for the next meeting; and, will have an agenda item for the next council meeting to set a public hearing date on the Thompson Park Sewer and Water Special Assessment District. Williams stated he wanted to discuss the assessments with Sweeney and Manninen with regard to costs to the large lots in the District. Williams added, those large lots, which cannot be KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 23 subdivided, should not be penalized by having assessments that are four or five times as much as the other lot assessments. Williams suggested the information be brought to council as prepared by administration and council will then discuss it and make any necessary changes. I-6. Public works Director Habitat Restoration Project - Public Works Director Kornelis referred council to Information Item No. 2, which was his letter to Fish & Game in regard to the Habitat Restoration Project requests. Kornelis added, he received a call from Fish & Game and was requested to present the information at a meeting at the Borough. The fund will have $700,000 for distribution this year and $500,000 the next year. Fish & Game has also informed him they will be sending out changes in the scope of work to applicants. Snowblower - Kornelis also referred council to Information No. 10 and reported the new snowblower should arrive on Friday. He is waiting until after the city has receives the machinery before considering the dropping of liquidated damages. I-7. Airport Manager No report. ITEM J: DISCUSSION J-1. citizens None. J-2. Council Bookey - Referred to Information Item No. 8 in regard to the contracting out the city's fueling system. Bookey stated his concern that the item did not go to bid and whether the city would maintain its own system or abolish it. Kornelis answered they were looking for a facility where gas and diesel would be available around the clock and this facility was the only one that he found would be open. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 24 Kornelis added, the city will keep its system for awhile. They will turn the mechanical valve off at the tanks and locking it and keeping it for a time for emergency use. They may consider pulling up the underground pipe between the tanks and dispensers. They have had many problems with the dispensers now there. There is also one other facility that has diesel available, but only during daytime hours. Bookey stated there may be someone in the private sector that would be willing to put a program together if the item had gone to bid. Bookey stated he was also concerned that the city would split its buying power because the city purchases fuel for a number of different facilities within the city, i.e. dock, sewer treatment plant, airport generators, water supply tank, etc. The city, in doing this, is diluting its ability to save money. Bookey asked Graves if the city would exclude itself from any liability if it would go to bid. Graves answered that if the tank leaked and there would be a spill, the city should be generally excluded from liability. However, if the city was filling the vehicle tank and spilled fuel on the street, the city would still have liability. Graves added, he believes the city is reducing its liability, however the issue is whether the increased price the city will pay is worth a reduced liability. That 2S a policy Cal. zo far as bidding an RFD, the administration's feeling is if council wants to proceed that way, that is also a policy call. Bookey stated that if the city is going to one dealer and that is all that is available that is acceptable. If the city then disassembles its fueling system, it will cease to have any control. He hates to see the city lose its control. Efficiently, he does not think this system will prove out for the city and believes in the end, the city will go back to its own system. Bookey added again, he was not comfortable with this system. Kornelis added, the city has had major problems with its existing system and have used this facility because the city's dispensers were out of service. As far as the city's liability, if they stay with the city dispensers, there will be major work needing to be done to that facility. Bookey stated he had discussed that matter with the city manager and he believes that the city hasn't justified the cost of the tank upgrade done a few years ago. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 25 Manninen stated that expense was probably $7,500 five years ago. In talking with people in engineering recently, after our discussion the other day, they are estimating that if we were to keep the system, we would need to invest at least $10,000 in concreting around the tanks and possibly put some kind of either new tanks up and/or hood over the tanks and some piping and some electrical so there would be a substantial investment to keep the system going that we have in addition to what we put in five years ago. The question is whether it is time to cut our liabilities and run now or continue to make the investment and not know what's going to happen with the entire facility with the entire program, whether even the facility is going to be there in a year or five years and we're continuing to make a big, major investment. That's our concern now and in addition, as the attorney said, we could probably dump some of the liability by going outside to the private sector now and still would retain the flexibility later on by going back. It is a policy decision. Bookey again stated his concern that the city did not go to an RFP and the city will be buying $80,000 to $100,000 worth of fuel and believes it should go to bid. Also self-sufficiency for the city would far outweigh savings or costs. There will always be fuel spills somewhere. The city cannot outlive that liability. Kprielis stated he had a $2,500 purchase Order Out now. They have not allowed the work to be done because he wanted to see if they would contract it out. There is a lot of work to be done. He believes the dispensers will need replacing at an approximate cost of $10,000. In the summer, a concrete slab would need to be placed. He believes it is urgent enough to try this system or the city will have do something rather quickly as there is only one pump for gas and diesel that are working. Williams asked if the planned program could continue for now with the understanding that when the fiscal year changes, an RFP will be requested to allow everyone to bid. Manninen stated that if they would do an RFP, now would be the time to do it and take a month to have that come back and make a decision at that time if that's what council wants to do. Attorney Graves stated the city could buy gas for now and do an RFP in the interim and enter into a 30-day contract until RFP proposals are received. Administration has no objections to putting the item out for an RFP and that is why the matter was included in the packet for council review. Kornelis added he had KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 26 checked with stations, asking whether they are open 24 hours a day, etc. He could ask whether they would consider staying open to provide a service such as this or go to an RFP. Kornelis said he was originally concerned about how the security portion of this system would work. This facility's owners will be placing a video camera and each employee will have their own identification code. When the city is billed, the date, time and who got the fuel, what equipment got the fuel, etc. If there is a question, they can review the video to verify it. The city's tanks will be maintained in order to have it available for emergency use. However, they would be made secure so there would not be a chance of leaks, etc. Kornelis stated he could put out an RFP and have it back to council for the January 17, 1996 meeting. Bookey stated he really believed the city should maintain its own system as well. Williams suggested administration bring a full report at budget time as to what the cost would be to upgrade the facility to a properly functioning operation. Kornelis added there are many considerations to be included in whether to upgrade, i.e. the future for the shop area, etc. Williams directed that an RFP be put out as soon as possible and do whatever is necessary for emergency fuel purchase between ...,.. and then. Council agreed. Swarner - Stated her concern that the intersection at Airport Way and the Spur Highway is a very sharp corner (because of the median) with no light. Kornelis stated there will be a signal there. Swarner also reported she and Manninen will be involved in a teleconference with AML regarding session topics. If council has any requests, please forward them to her. Williams noted the Mayors will be meeting in Juneau in January and will be speaking to representatives of the Corrections Department regarding the budget and corrections for the state. Moore - Stated his concern that there is a ditch at the end of the Spur Highway project, going toward Soldotna, that is glaciating out nearly onto the road. Kornelis stated it has been pointed out to DOT. Measles - No report. KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 27 Bannock - Asked Kornelis if he had received any response to his letter to DOT which pointed out problems with the Bridge Access Road signal lights. Kornelis stated he had received no response as yet. Smalley - Suggested a second copy be sent to DOT. ITEM K: The meeting was adjourned at approximately 10:05 p.m. Minutes transcribed and submitted by: l ZZ. Carol L. Frea§, City Clerk