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HomeMy WebLinkAbout1989-02-01 Council Minutesa • IN AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 1, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3 . Board of Adjustment Appeal of Planning & Zoning decision to approve Foster Const. request for R/V park off Beaver Loop Rd. - David McKechnie 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the • Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) C. PUBLIC HEARINGS 1. Resolution 89-7 - Support of the Site of Kenai Bicentennial 2. Resolution 89-8 - City Provide 50/50 Funding Support for Private and/or Government Donations to Bicentennial 3. Resolution 89-9 - Request State of Alaska Fund Water Quality Study of Kenai River Area--$100,000 4. Resolution 89-10 - Support for Ports Alaska Inc. and Designating City Representative 5. *Renewal of Liquor License - Kenai Joe's Bar 6. Renewal of Liquor License - Little Ski No Drive Inn Kenai Country Liquor e D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Comm/Comm U E. MINUTES F. G. H. I. J. 1. *Regular Meeting, Feb53u --1 1, 1989 CORRESPONDENCE 1. *Alaska C&RA - FY 1990 Revenue Sharing - Millage Rate Equivalent and Data 2. Citizens' Coalition for Tort Reform - Legislative Agenda 3. *Haines Mayor Wallace - Thanks, Alaska Conference of. Mayors 4. *Kenai Chamber of Commerce to Recreation Director McGillivray - Thanks, Ice Skating Rink OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1302-89 - Increase Rev/Appns - VIP Streets CIP - $915,000 4. *Ordinance 1303-89 - Increase Rev/Appns - Candlelight, Linwood Streets CIP - $649,000 5. *Ordinance 1304-89 - Increase Rev/Appns - E. Aliak, Highbush Streets CIP - $2.730000 6. *Games of'Chance & Skill - FOE Aux. of Aerie #3525 7. *Games of Chance & Skill - POE Aerie #3525 8. Discussion - Requested Legislation Regarding Decision - Protective Custody ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager DISCUSSION 1. Citizens 2. Council R. ADJOURNMENT Busby KENAI CITY COUNCIL - REGULAR MEETING - MINUTES FEBRUARY 1, 1989 - 7:00 PM KENAI CITY BALL VICE MAYOR RAY MEASLES PRESIDING A. CALL TO ORDER A-1 Pledge of Allegiance A-2 Roll Call Present: Ray Measles, Chris Monfor, Marj O'Reilly,°Hal Smalley, Art McComsey Absent: Linda Swarner, John Williams A-3 Board of Adjustment Vice Mayor Measles requested that Mr. McKechnie come forward, he was not present. Vice Mayor Measles. Mr. McKechnie has waived his right to appeal to the Board. Were there any other citizens that wanted to speak? There were none. Vice Mayor Measles. The Board will take the 30 day period to make a decision. They will make a decision based on the testimony. The decision will be announced on March 1. Board of Adjustment adjourned, 7:10 PM. A-4 Agenda Approval Vice Mayor Measles listed requested agenda changes. a. Item C-1, Res. 89-7, amended at public hearing to add site number. b. Item C-3, Res. 89-9, amended as requested by Clerk Ruotsala's memo distributed this date. C. Item C-6, liquor license renewal for Little Ski No,, postponed to the Feb. 15 meeting; Kenai Country Liquor placed on the Consent Agenda. d. Item D-4, distributed this date - Harbor Comm. resolution for discussion. e. Item D-7, Bed & Breakfast report, was placed in back of the packet. f . Add item F-5 ( marked Info 11),,_._letters regarding street maintenance by State. g. Add PO distributed this date for Sahlberg Equipment under item H-2, Requisitions Exceeding $1,000. h. Items H-4 and H-5. Ord. 1303-89 & 1304-898, correspondence distributed this date, be included in the packet. i. Kenai Peninsula Builders appl1cation for Games of Chance & Skill, distributed this date, added as item H-7a. MOTION: Councilman Smalley moved to approve the agenda as amended. Motion passed by unanimous consent. A-5 Consent Agenda Council approved the Consent Agenda as amended by unanimous consent. B. SCHEDULED PUBLIC COMMENT .' :. KENAI CITY COUNCIL FEBRUARY 1, 1989 PAGE 2 None C. PUBLIC HEARINGS c-i Res. 89-7 - Support of the Site of Kenai Bicentennial MOTION: Councilwoman MOnfor moved • seconded by Councilwoman O'Reilly, to adopt the resolution and amend the resolution by adding site description, item #1. There was no public continent. Councilman Smalley. In Site #11, thethis parcel? owned eby Bookey, is that all they have on thought it was bigger than that. FYed Braun, Kenai Visitors & Convention Bureau. This was requested for a possible future date as an alternate exit or entrance. Motion passed by unanimous consent. C-2 Res. 89-8 - City.Provide 50/50 Funding Support for al Private and/or Government Donations to Bic entenn MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the resolution. MOTION, Amendment: Icilman Councilwoman O'Reilly mOVelution,seconded the by cOur HEREFORE Smalley, to amend the res NO clause, delete the period and add "up to a maximum of $1 Million." VOTE, Amendment: Motion passed by unanimous consent. PUBLIC COMMENT: a. Fred Braun, Kenai Visitors & Convention Bureau. What if by chance the City had a $2-$4 Million windfall? Councilwoman Monfor. We could pass another resolution. Vice Mayor Measles. The cap is on the City's Pit; match to $1 million. It It would not donation. The City will would not limit the commission or the total cost. Councilwoman O'Reilly. And not involve the City in any funds beyond that. City Manager Brighton. you have addressed the upper limit, what about the lower limit? councillmanblmall d. If they came up with the amount, the City is to donate an equal amount. City Manager Brighton. What can you do with thlwoman Bicentennial if you only have $500,000. C Monfor. Cut it down. COUNCILWOMAN MONFOR ASSUMED THE CHAIR. This Council is Vice Mayor Measles. in full support of the Bicentennial and, if funds were available, would do what is necessary to see it through. No matter what we KENAI CITY COUNCIL FEB WARY 10 1989 PAGE 3 • 11 do tonight, it will do nothing for next year and next council. My feeling is we do not need this resolution. VICE MAYOR MEASLES RESUMED THE CHAIR. Councilwoman Monfor. The intent of this resolution is for the Visitors & Convention Bureau to go out and say the City is behind them and they have a resolution they can use as leverage to show the good faith of the City. Vice Mayor Measles. If the 1990 Council decides not to honor this, we cannot honor future councils. It is only meaningful till Oct. 1989. Councilwoman Monfor. It is necessary to get this off the ground. We can use till next Council comes on board and let them decide if they want to continue. It may give us some credibility in Juneau. Councilwoman O'Reilly. This is true of most things we do with a resolution. The encouragement and support we show at this time is important. Vice Mayor Measles. If we pass the resolution and we specifically match with a cap. The Bicentennial is a separate, non-profit organization, we are agreeing to support them and ask the State to give a grant. I am not too sure if the Legislature will be confused about our money, their money and State money. Councilman McComsey. If the Legislature decides to give only if we matched, this would be in place. City Manager Brighton. That is what it says. Vice Mayor Measles. My concern is we are narrowing the line that we attempted to establish by asking the Bicentennial to be non -government. This says on paper it is,, -but really it is City operated. City Manager Brighton. In the NOW THEREFORE clause it says the City will proceed 50/50 by government grants as well as private. Should the State give us $1 Million it would relate back to State grants whereby the City would be required to match, even though the City has requested $1 Million from the State. b. Sue Carter, Kenai Visitors & Convention Bureau. Hopefully no later than July 31, we will have grants and proposals together and will be ready to go by the end of the year. We realize you cannot commit future councils, but this will show commitment on the part of the.City. It is a City facility, this will enhance our grant proposal Package. Councilman McComsey. Do most of these grants require matching funds? Mrs. Carter. Yes. we have had a lot of interest in Juneau, they are interested in Kenai support. Councilwoman Monfor. Put something in the resolution to say, if we get capital improvement money, the City would not match this. We are talking about Federal grants and private donations. City Manager Brighton. In the past we have asked for road money for various Projects and the Legislature has sent money and said we can to what we choose. If the City gets $1 Million capital improvement projects money that Council had planned to use for many items, the first million should not be for match. MOTION, Amendment: Councilwoman Monfor moved, seconded by Councilman McComsey, to amend the resolution to read, in the NOW THEREFORE clause, line 40 after the word "State," add "other than Capital Improvement Project moneys." KENAI CITY COUNCIL FEBRUARY 1, 1989 PAGE 4 Finance Director Brown. Capital Improvement Projects means just that. It may mean something different to the State or the public. It could be any money used for capital projects. Vice Mayor Measles. The City will match up to $1 Million other than Capital Improvement Project grants. If they appear in the Capital Improvement Project list, that money would not j be considered for match. Finance Director Brown. You are specifically talking about State Capital Improvement Projects. Councilman Smalley. Should we say 1989-90 Capital Improvement Project list? Public Works Director Kornelis. Or State Capital Improvement Projects list. Councilwoman Monfor. Council knows what this means. We don't want to match what is on Capital Improvement Projects list. VOTE, Amendment: Motion passed by unanimous consent. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-3 Res. 89-9 - Request State of Alaska Fund Water Quality Study of Kenai River Area - $100,000 MOTION: Councilman McComsey moved, seconded by Councilwoman O°Reilly, to adopt the resolution. MOTION, Amendment: Councilman McCcrosey moved, seconded by Councilman Smalley, to amend the resolution as requested in the memo distributed this date, the NOW THEREFORE clause, to read: NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council endorses the Kenai River Special Hanagement Area Advisory Board re- omatendation that an initial water quality study at a cost of $100, 000 be funded by the State of Alaska in 1989 to establish base line data to protect and preserve the integrity of the entire Kenai River. VOTE, Amendment: Motion passed by unanimous consent. There was no public comment. VOTE, Main Motion as Amended: Motion passed unanuaously by roll call vote. C-4 Res. 89-10 - Support for Ports Alaska Inc. and Designating City Representative MOTION: Councilman McComsey moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. ADDED ITE4: KENAI CITY COUNCIL FE allARY 1, 1989 PAGE 5 Councilwoman Monfor. Is this going to cost any money? when we voted to have The reason I asked these downrem? Did d y cane down? a Customs person to come City Manager Brighton. No. That money will revert at the end of the year. City Manager Brighton. I am sure there will be a membership fee, probably nominal. This is to keep us informed. Vice Mayor Measles. Any additional cost for travel, etc.? Councilwoman Monfor. Public Works Director Kornelis will be the representative. Public Works Director Kornelis. So far it has been in Anchorage, there were 2 meetings. Councilman McComsey. It is a State organization. Will the Harbor Conan. chairman go also? City Manager Brighton. It will depend on whether he has money in his budget. The most important person to go to these meetings is the Public Works Director. If he cannot go, it is almost a waste to send do Ancillary person. CounCi]s[tan Smalley. The engineer would be next to go. Motion passed by unanimous consent. C-5 Renewal of Liquor License - Kenai. Joe 's Bar C-6 Renewal of Liquor License - Kenai Country Liquor. Approved by Consent Agenda. C-f Renewal of Liquor License - Little Ski NO -. Postponed to Feb. 15 meeting. D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging None D-2 Airport Comioission None D-3 Econcmic Development Commission None D-4 Harbor Commission Chairman Eldridge reported. a. There was a meeting Jan. 30. The resolution was distributed this date regarding safe boating. There is a bill in the Legislature. There was unanimous approval of the Harbor Comm. for the City to let the Legislature know. The State of is the only state without a safe boating Alaska act. We have the highest death rate in the nation, both recreation and commercial. b. There was a Ports Alaska meeting, Leon Quesnel will submit a report. c. The dock applications at Beaver Creek area. They reviewed buoy mooring in the Kenai River. Till we get information from the Corps. of Engineers as to permits already authorized, this does.not mean e RENAL CITY COUNCIL FffiRuARy 1, 1989 PAGE 6 anything. We have requested Public Works to ask the Corps of Engineers to get up to date information. a.(contd) City Manager Brighton. is the only enforcement agency the Coast Guard? Answer - yes. City Manager Brighton. If the State takes this over, is there an agency in existence for this? Chairman Eldridge. Fish & Game would be the logical one. City Manager Brighton. They would not need a new department? Answer - no- c.(contd) Councilman Smalley. P&Z did not think the 2 Corps of Engineers permits for docks were consistent because they record.ere �Alseod, the numbers people that were not owners o We of docks requested lately. Chairman Eldridge. are looking at structures and impact on waterways. a.(contd) MOTION: Councilwoman ronfor moved, seconded by Councilman Mccomsey,forithetFebAAdministration regarding ethe safe resolution boating act. Motion passed by unanimous consent. D-5 library Commission None D-6 Recreation Ccimnission None D-7 planning & Zoning Comaaission Councilman Smalley spoke. a. The R/V ordinance went through public hearing to the Legal Dept. and to Council. b. Regarding P&Z concerns of the Corps. permits that are not for owners of record, the Corps. will review. c. The Bed & Breakfast ordinance. P&Z was not sure of what had happened. ant to know what wcare of ill be Dept. requests. They w next. Acting City Atty. Graves. It went to P&Z Dec. 19. We have not heard anything since. We cannot do anything till we are talked to. Councilman Smalley. There may be a conuminication problem. d. P&Z worked on Goals & Objectives. They hope to have for the next meeting. D-8 Misc. Comm/Conan. a. Jim Carter, Executive Director, Kenai Borough_ Economic Development aDas� lltgiveehas heard a brief up -date. the Customs Project n He would hope Council but wes that eareation closelto tact. It is a long process having a person on the Peninsula. Sen. Stevens • KENAI CITY COUNCIL FEBRUARY 1, 1989 PAGE 7 got involved with this project. He attached an amendment to a postPeainsula�r Thestudy study hashave been paid person on the completed and is due in Congress st _ do date. The He Anchorage director was di. advised his recommendations: 1) He does not agree that a Customs service person should be here, but since the Borough and City have agreed to funding, he has no objection. 2) The law says if a person is located at the airport his obligation is only to do customs service airport. as well and recommending an exception for recommends that law be changed. E. Y_JMUTES E-1 Regular Meeting, Feb. 1, 1989 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Alaska C&RA - Fy 1990 Revenue Sharing - Millage Rate Equivalent and Data Approved by Consent Agenda. F-2 Citizens' Coalition for Tort Reform - Legislative Agenda Councilwoman Monfor. Did we vote on tort reform? Answer - yes. Acting City tGraves. agenda for tort reform includes more o ethanwhatwas onthe ballot. This is what thdon�tnkAow if the tfis our place Councilwoman Monfor. to get involved in this. City Manager Brighton. What they voted on was taking 3 defendants and holding could not liable, one would be the City and the pay, the City would pay. The vote was that only a proportionate share would be collected and not one would pay all. Councilwoman Monfor. not �Q iknowledge to than anything I know about. I say if this is good or bad. Council took no action. F-3 Haines Mayor Wallace - Thanks, Alaska Conference of Mayors F-4 Kenai chamber of Commerce to Recreation Director McGillivray - Thanks. Ice Skating Rink F-5 Alaska DOT&PF and Public Works Director Kornelis - Letters Regarding maintenance of streets and lights Approved by Consent Agenda.. G. OLD BUSINESS None R. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Monfor movedecond� by Councilwoman O'Reilly, to approve the bills d. Motion passed by unanimous consent. M KBNAI CITY. COUNCIL FEBRUARY i, 1989 PAGE 8 H-2 Requisitions Exceeding $10'000 NOTION: .Councilman Smalley moved, seconded by Counci3snan 14CCvmsey, to approve the requisitions, and include the item added this evening for Sahlberg Equip., for $1,493.56. Motion passed by unanimous consent. H-3 Ord. 1302-89 - Increase Rev/Appns - VIP Streets CIP - $915,000 H-4 Ord. 1303-89 - Increase Rev/Appns - Candlelight, Linwood Streets CIP - $649,000. H-5 Ord. 1304-89 - Increase Rev/Appns - E. Aliak, Highbush. Streets CIP - $273,000 g-6 Games of Chance & Skill - r0E Aux. of Aerie #3525 H-7 Games of Chance & Skill - FOE Aerie #3525 H-7a Games of Chance & Skill - Kenai Peninsula Builders Assoc. Approved by Consent Agenda. H-8 Disc. - Requested Legislation Regarding Busby Decision - Protective Custody Police Chief Ross. AS 47 was changed some years ago to make it mandatory that police pick up intoxicated In individuals. It is not clear what we do with them. the Busby Decision, an officer spoke to an intoxicated person; 45 min. and 8 blocks away, the person stepped in front of a car. The Superior court ruled the municipality was not liable. The Supreme Court overturned this. The Board of the Police Chiefs Assoc. received clarification. We had a concern that municipalities and officers were both liable. Before this, liability occurred when an officer brought an individual into custody. Now we are liable no matter what. The bill before the Legislature is to seek relief from this; the new law says, the fact that it is an administrative function ThesBusby Decision maycause liability. Acting City Atty. Graves. officials to "not see" drunks. Police Chief Ross. It may be the result. This goes further than police. For eets example, if the airport is sandetdhebeforere coula bests suit on are, and there is an accident, liability. Council requested Administration prepare a resolution for the Feb. 15 meeting. City Manager Brighton. If we are forced to pick them up, are we forced to shoulder the expense of picking The them up? Chief Ross. That is still being argued. prison will not take them till lis they arcs xamble ed..or e There is a question as to who exam. police officers cannot sign for an exam. Councilwoman O'Reilly. One of the communities in Alaska is starting to bill the individual. am n tasureCt�hat would 1) Based on people we pick p, be successful. 2) We are not bringing them to our facility, we do not have one. I think it would be a waste of time and resources. Councilman Smalley. If you take them out to Wildwood, they do not have a ity? Chief medical facilRoss. If a person has a blood alcohol level over a certain number, there are Some are a combination of drugs and I. ADMINISTRATION REPORTS I-1 Mayor Vice Mayor Measles spoke. a. Mayor Williams has requested attending a seminar in Anchorage on March 10. Council agreed to discuss at the Feb. 15 meeting. b. Local Government Day is Feb. 1. Vice Mayor Measles read a proclamation from Gov. Cowper. C. Mayor Williams has nominated Sam Huddleston to fill the vacancy on the Council on Aging. Council agreed to the appointment. d. Mayor Williams has requested placing an ad in the Alaska Airlines magazine Ports Page. Councilman Smalley. Even though it is only $300+, all of those dollars add up. I am not sure it is worthy use of City money. Councilman McComsey asked Public Works Director Rornelis, is it worthy? Public Works Director Rornelis. it would not hurt. I do not know the details. Vice Mayor Measles. �It would be in the April issue, for one time. Councilman Smalley. The $1,700 for the Alaska Business Monthly ad went up to $2,600. City Manager Brighton. This will be seen by more people. Councilman McComsey. We are not a recreation port. Council took no action. e. Mayor Williams has requested $900 for City pins with the Bicentennial logo on them. Councilwoman Monfor. Will they replace the old pins? City Manager Brighton. yes, with a new design. councilwoman Monfor. How many do we have left? clerk Ruotsala. About 30 or 40.. Vice Mayor Measles. Will we have trouble with using this logo? Clerk Ruotsala deferred to the Legal Dept• The Mayor was to speak to Mrs. odd regarding use of the logo, this was discussed at the Jan. 18 meeting. Council agreed to discuss at the Feb. 15 meeting. i-2 City Manager City Manager Brighton distributed afrom oJfromesse Finance Director Brown regarding quest Wade for action on his land in Dena'Ina Pt. Estates. He has paid in $296,000. He is asking for partial release for one of the tracts and turn forktheeFebSt15 mto eeting. He asked Council to revs I-3 Attorney None I-4 City Clerk Clerk Ruotsala spoke. ' KENAI CITY COUNCIL FEBRUARY 1, 1989 PAGE 10 a. The Kenai Visitors Convention Bureau is now the Kenai Bicentennial Visitors & Convention Bureau. b. Robin Feltman has completed her 6 months with the City, Val Jones is now here. I-5 Finance Director None I-6 Public Works Director Public Works Director Kornelis spoke. a. The new brochure is out, it has a new picture. He has ordered 1000, he put some in the packets. b. The airport terminal renovation project. There is asbestos in the ceiling and floor tiles. It had to be closed from Jan. 26 for tests. They have cost estimates from 2 firms, the local firm could not do the work. $12,164 is the low bid. He would like to have the contractor sub -contract to this firm. There are certified people that will do this only. We have paid for the testing portion. He needs Council approval for removal of the asbestos floor tile and adhesive. There will be a change order. Councilman Smalley. How did they get in here? Public Works Director Kornelis. It was a long time ago, it was under the carpet. There may be additional cost to remove the tile that does not have asbestos. No one knew there was file under the carpet. It will take 3 days for paper work and 3 days for the work. 1,200 sq. ft. has to be removed. MOTION: Councilman McComsey moved, seconded by Councilwoman O'Reilly, to pay our portion. Notion passed by unanimous consent. b. The dock leases. He wrote to.both_lessees regarding renewing their options. Both will be renewing. c. Public hearings on road projects on the special assessments. There will be a paragraph telling all property owners to come Feb. 23 to review the work. d. Mayor Williams talked to the prison people. They are working on letters for the Airport Triangle park. $50 per letter, $400 total. Mayor Williams °wanted to know what color. They will be steel with.concrete base. Council will review this. I-7 Airport Manager None J. DISCUSSION J-1 Citizens None KWAI CITY COUNCIL FEBRUARY 1, 1989 PAGE 11 J-2 Council a. Councilman McComsey. The Kenai. Peninsula Caucus had a meeting. They agreed to the Congregate Rousing resolution. Sky View high school resolution was tabled for a new resolution. are asking for the dues, $1,600. I would like kTheo see this one more time. Council agreed dues. to haVe Ate=castration pay the b• Councilwoman Monfor• A bouquet Kenai Fire Dept. from Dick Caof roses to the emergency call to them recentl,��' he had an job. City Manager Brighton. Y_ They did a great has a the City Manager and Fire ChiefeIvanoffl theY are ey to highly climentary. Meeting adjourned at 9:00 PM. Janet Ruotsala City Clerk •' ...� L `�; y yam, •- •,�.�. 19 s