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Home My WebLink About2005-01-19 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 19, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwwv. c 0 kenai . ak. u s CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Donna Peterson, KPB School Superintendent -- Transitions Occurring in the Local Schools and General Briefing. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2076-2005 -- Increasing Estimated Revenues and Appropriations by $150,892 in the Senior Center Kitchen Capital Project Fund. 2. Ordinance No. 2077-2005 -- Increasing Estimated Revenues and Appropriations by $36,000 in the General Fund to Replace Radio Communication Equipment. a. Substitute Ordinance No. 2077-2005 -- Increasing Estimated Revenues and Appropriations by $26,000 in the General Fund Communications Department to Replace Radio Communication Equipment. \ 3. *Liquor License Renewals -- • L&,J Enterprises, Inc., d/b/a Three Bears • Oaken Keg Spirit Shops, Inc., d/b/a Oaken Keg Spirit Shop #1808 • Peninsula Oilers Baseball Club, Inc., d/b/a Peninsula Oilers #846 • George & Ekaterini Pitsilionis, d/b/a Pizza Paradisos • KMart Corporation, d/b/a KMart Liquor #3623 4. Liquor Licenses -- Objection to Continued Operation • Alaskalanes, Inc., d/ b / a Alaskalanes Bowling Center • Paul M. & Sandra J. Vozar, d/b/a Old Town village Restaurant • Kings Inn property Management LLC, d / b / a Kings Inn Hotel, Restaurant & Lounge, LLC • Amy & George Bowen, d/ b / a One Stop ITEM G: MINUTES 1. *Regular Meeting of January 5, 2005. ITEM H: OLD BUSINESS 1. Approval -- Kenai City Council Student Representative Policy ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2078-2005 -- Amending KMC Title 17 Entitled, "Public Utilities and Enterprises" and "Public Utility Regulations and Rates." 4. *Ordinance No. 2079-2005 -- Increasing Estimated Revenues and Appropriations by $10,000 in the General Fund for a Grant for Police Exercise Related Training Equipment. 5. Discussion -- Town Clock ITEM J: COMMISSION/ COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks &. Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JANUARY 19, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwwv.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MTI UTRS ITEM A: CALL TO ORDER Mayor Porter 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 Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Pat Porter, Mayor Joe Moore, Vice Mayo Linda Swarner Cliff Massie Rick Ross Blaine Gilman James N. Butler, III A quorum was present. A-3. AGENDA APPROVAL MOTION: Council Member Moore MOVED for approval of the agenda as presented and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION. Council Member Moore MOVED to approve the consent agenda as presented and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Council Member Ross requested Ordinance No. 2078-2005 be removed from the consent agenda and placed on the regular agenda. There were no objections. MOTION TO AMEND: s KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 2 Council Member Moore MOVED to approve the consent agenda as amended and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Donna Peterson, KPB School Superintendent -- Transitions Occurring in the Local Schools and General Briefing. Dr. Peterson reviewed information included in the packet regarding general operations of the School District in Kenai; administrator changes effective at the end of this school year; planning for the future with the economic changes to taking place in the area; as well as, funding concerns and home schooling issues. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Dan Chay, Kenai Peninsula Borough Assembly Member -- Chay reported on actions taken by the Assembly at their January 18 meeting, including the passage of the ordinance to appropriate funds for a multipurpose response center in Soldotna. He stated the Assembly appreciated the presentation offered by the City and the assistance it gave in defining what the fire training facility has to offer and the City's future plans for the building. When asked about school funding, Chay noted the Assembly's challenge in facing a deficit, is to determine what cuts can be made without cutting services, how to raise revenue, etc. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, Executive Director, Kenai Convention & Visitors Bureau -- Renken gave an overview of activities at the Center, including: • They are aware of a bed tax ordinance being drafted and will reserve comments until after it is reviewed. Assembly Member Glick has been requested to attend their next board meeting to discuss the issue. • They are working with the Kenai Chamber to identify special needs children to participate in the dog sled race during the Peninsula Winter Games. • The KEDS public forum will be held at the Visitors Center on February 5. • They will begin limited Saturday hours. • They are formulating their budget. • KCVB tri-fold rack cards are being printed and will be available in April. \ KENAI CITY COUNCIL MEETING 1 JANUARY 19, 2005 PAGE 3 Mayor Porter gave an overview of the Kenai Chamber of Commerce awards presentations held on January 8. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2076-2005 -- Increasing Estimated Revenues and Appropriations by $150,892 in the Senior Center Kitchen Capital Project Fund. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2076-2005 and Council Member Massie SECONDED the motion. There were no public comments. Senior Director Craig stated the estimated total cost of the project to be $281,704 and reviewed grant funds expected to cover the cost of the project. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. F-2. Ordinance No. 2077-2005 -- Increasing Estimated Revenues and Appropriations by $36,000 in the General Fund to Replace Radio Communication Equipment. F-2a. Substitute Ordinance No. 2077-2005 -- Increasing Estimated Revenues and Appropriations by $26,000 in the General Fund Communications Department to Replace Radio Communication Equipment. MOTION: Council Member Gilman MOVED for approval of Substitute Ordinance No. 2077-2005 and Council Member Moore SECONDED the motion. There were no public comments. Kenai Police Chief Kopp reported the funds would replace radio communications equipment; the replacement was not related to 911 services; and, the difference in the original ordinance and the substitute was the cost for the combiner. Kopp explained, the price of the combiner in the original ordinance KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 4 was in error. He also noted, the radio equipment would allow police, fire and public safety to be on the same frequencies and they will also be able to select other frequencies. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. F-3. Liquor License Renewals -- • L&, J Enterprises, Inc., d/b/a Three Bears • Oaken Keg Spirit Shops, Inc., d/b/a Oaken Keg Spirit Shop # 1808 • Peninsula Oilers Baseball Club, Inc., d/b/a Peninsula Oilers #846 • George 8v Ekaterini Pitsilionis, d/b/a Pizza Paradisos • KMart Corporation, d/b/a KMart Liquor #3623 Approved by consent agenda. F-4. Liquor Licenses -- Objection to Continued Operation • Alaskalanes, Inc., d/ b / a Alaskalanes Bowling Center • Paul M . & Sandra J . Vozar, d / b / a Old Town village Restaurant • Kings Inn property Management LLC, d / b / a Kings Inn Hotel, Restaurant &. Lounge, LLC • Amy &. George Bowen, d/ b / a One Stop City Clerk Freas reviewed a memorandum included in the packet explaining code direction related to liquor licenses. MOTION: Council Member Swarner MOVED to direct the City Clerk to forward a letter protesting the continued operation of the Alaskalanes, Inc., d / b / a Alaskalanes Bowling Center; Paul M. & Sandra J. Vozar, d/b/a Old Town Village Restaurant; Kings Inn Property Management LLC, d/ b/ a Kings Inn Hotel, Restaurant & Lounge LLC; and, Amy & George Bowen, d/b/a One Stop liquor licenses if accounts are not current by January 31, 2005. Council Member Massie SECONDED the motion. \ KENAI CITY COUNCIL MEETING t JANUARY 19, 2005 PAGE 5 Council Member Gilman declared a conflict with the action. City Attorney Graves explained, though Kmart had declared bankruptcy and was no longer in business in Kenai, their license remained an asset of the bankruptcy court and was being kept current. Additionally, revocation of the license cannot be sought due to tax obligations as it would be in violation of the stay order. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. ITEM G: MINUTES G-1. Regular Meeting of January 5, 2005 -- Approved by consent agenda. ITEM H• OLD BUSINESS H-1. Approval -- Kenai City Council Student Representative Policy Council reviewed the document and noted corrections and amendments: • No. 5, "...absence of the student representative." • No. 6, "... [AN] a long-term interest..." • No. 7, "...to council members about policies impacting [STUDENTS] young people." • No. 9, "...affecting [STUDENTS] ,young -people and copies of all written reports regarding their service be provided to the Kenai Citv Council through the Citv Clerk's Office. Porter also reported the document had not yet been forwarded to the high school for review. A brief discussion took place and it was suggested the changes be incorporated into the document and then the document be forwarded to the high school for review. The document will return to council for final consideration upon the school's review. ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 6 Council Member Moore MOVED to pay the bills and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, I-2. Purchase Orders Exceeding $2,500 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $2,500 and Council Member Massie SECONDED the motion. VOTE: Porter Yes Moore Yes Swarner Yes 1 Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. I-3. Ordinance No. 2078-2005 -- Amending KMC Title 17 Entitled, "Public Utilities and Enterprises" and "Public Utility Regulations and Rates." Removed from the consent agenda for introduction. MOTION: Council Member Ross MOVED for introduction of Ordinance No. 2078-2005 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Ross stated his desire to table or defeat the introduction of the ordinance because many of the elements of the ordinance would make changes to the fee structures and deposits. He added, he would prefer discussing the issue during budget work sessions or an individual work session. Ross also requested the ordinance indicate the changes being made when it comes before council during the work session. It was indicated, the review of the water/ sewer ordinance had been a long-time project, was recently completed, and brought forward. The suggested amendments were not time sensitive. Whether to complete the introduction of the ordinance or to table it and bring it back for consideration after the budget work sessions was discussed. City Attorney Graves advised, an option for council would be to unanimously suspend the rules and then \ KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 7 remove the introduction of the ordinance. The ordinance could then be brought back for council's consideration in the spring during the budget process. MOTION: Council Member Ross MOVED to follow the suggestion of the city attorney and Council Member Swarner SECONDED the motion. MOTION: Council Member Butler MOVED to suspend the rules, remove Ordinance No. 2078- 2005 from the agenda and the introduction revoked. It was noted, two motions were on the table. Council Member Ross requested his motion be withdrawn with the concurrence of the second. Council Member Swarner had no objections to the withdrawal of the motion. VOTE: Council Member Gilman SECONDED the motion. There were no objections. SO ORDERED. I-4. Ordinance No. 2079-2005 -- Increasing Estimated Revenues and Appropriations by $10,000 in the General Fund for a Grant for Police Exercise Related Training Equipment. Introduced by consent agenda. I-5. Discussion -- Town Clock Mayor Porter referred to the memorandum included in the packet. She noted, $5,000 was included in the last budget to purchase a town clock. From information received from several clock manufacturers, it was acknowledged a clock would cost more than $5,000. Porter noted, the memorandum suggested the issue be forwarded to the Parks & Recreation Commission for review and a recommendation. There were no objections from council. ITEM J: COMMISSION / COMMITTEE REPORTS J-11 Council on Aging -- Council Member Swarner reported she attended the meeting and reviewed the meeting summary which was included in the packet. She noted, Bill Osborn and Joe Harris were re-elected as Chair and Vice Chair. KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 8 J-2, Airport Commission -- Swarner reported, the regular January meeting was cancelled. The next regular meeting is scheduled for February 15. Clerk Freas also reported a special meeting will be held at 6:00 p.m., January 26, 2005 to review and make recommendation on a lease application. J-3. Harbor Commission -- Council Member Massie reported a short meeting was held on January 10 and reviewed the meeting summary which was included in the packet. He noted, Tom Thompson and Jay Barrett were elected as Chair and Vice Chair. J-4, Library Commission -- Council Member Gilman reported the January meeting had been cancelled. J-5. Parks & Recreation Commission -- Council Member Moore reported the meeting was cancelled due to a lack of quorum. However, a brief work session was held at which time the potential of a donation of property along Spur Highway was discussed. The issue will be returned to the Commission's agenda for their February meeting. Porter asked if the fee schedule had been reviewed. Director Frates noted, the schedule was included in the Commission's packet for review as the City Manager Approves fee changes. J-6. Planning & Zoning Commission -- Council Member Ross reported the meeting minutes were included in the packet and reviewed the actions taken by the Commission, including common interest ownership (condominiums) at Kenai Landing, Inc., preliminary plat approval, and a preliminary discussion related to providing an exemption from acquiring home occupation permits for day care providers who are relatives of the children attending the day care. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner reported the January meeting had been cancelled. J-7b. Alaska Municipal League Report -- Swarner reported she would attend her Legislative committee meeting by teleconference on January 24. J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported three members of the International Committee were attendance at the January 13 meeting. Representatives of the Games have stated their desire to attend the February 2 council meeting and give an update to council related to the use of the multipurpose facility for the Games. J-7d. Stranded Gas Committee -- Ross reported he attended a meeting via teleconference where those attending received an update of proposals. j KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 9 ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: • Efforts are being made to use the City's emergency operations facility to its fullest capacity. • She has requested a report on the ownership of vacant buildings in the city. Upon receiving the information, she intends to make contact with the owners and ask their plans for the buildings. • She will travel to Juneau to attend the Alaska Conference of Mayors meeting next week. • There were several people who attended her "coffee with the Mayor." Items discussed were the dock facility, snow removal, recreation, and issues with the KEDS report. She will hold the next "coffee" in April or March. • She would like to send letters to all the City commission/ committee chairs and ask them to contact their members prior to meetings to guarantee quorums and requested council's approval. Council stated no obj ections. • She plans to attend the National League of Cities conference in Washington, DC in March and while there visit with the congressional delegation regarding the coastal trail project. She suggested (former) Mayor Williams travel there on behalf of the city because of his knowledgeable background on the issue and his familiarity with the delegation, their staff, etc. Porter asked if council had any objections. A brief discussion followed and no objections were stated. ITEM L: ADMINISTRATION REPORTS L-1. City Manager -- City Manager Snow reported the following: • The department reports were included in the packet. • Alaska Department of Environmental Conservation awarded a joint municipal grant to the City of Kenai and City of Soldotna for water/ sewer system analysis which was conceived when the Kenai and Soldotna councils met together last year. An effort to schedule a second meeting between the councils has been unsuccessful. Snow asked council for direction, i.e. whether to continue with scheduling a joint meeting or Kenai proceed with its own scope of project, leaving the door open for a joint project. Mayor Porter stated she would contact Mayor Carey about the issue and discuss it further with Snow. • She is working with the Senior Connection to identify property to use as a site for an assisted living facility. The Redoubt Avenue property, discussed previously, was a foreclosure and further review is necessary related to donation of property by the city. The Connection will be meeting with borough officials regarding other properties. They have not found other property within the city that will fit their need other than the Redoubt property. • She has learned there will be a new proposal for location and operation of ice -making equipment coming from the Cook Inlet Salmon Board. She has been included on their mailing list and she is continuing conversations with Ted Smith and his interest in the possible use of dock facility space. KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 10 • She, Police Chief Kopp and Finance Director Semmens attended a very successful E-911 meeting at the borough, along with the other city managers in the borough. They were advised the borough would continue the contract with the municipalities and they will be making the agreed payments. Moore requested additional information related to the ice plant proposal. Snow stated, the initial proposal was for Phase I for which proposals were received, opened and reviewed. An additional request for proposals will be advertised for the location and operation of the ice -making equipment. L-2. Attorney -- City Attorney Graves reported: • He previously reported the City received a letter from Cigna with a proposed settlement of $63,000 related to a class action lawsuit. Since then, another letter, with a tabulated breakdown of the City's loss history, was received. Upon reviewing this information, administration now felt it would be advantageous to submit a request for an additional payment of approximately $22,000. If the second request is denied, the City would still receive the initial $63,000 award payment. • As requested by Mayor Porter, his draft job description was included in l the packet. He requested comments from council. He will submit the document for approval at the February 2, 2005 council meeting. L-3. City Clerk -- City Clerk Freas noted she had distributed to council the 2005 APOC Financial Disclosure forms for council's completion; research information on past council discussions related to special assessment districts; and, a draft Legislative budget for their review. ITEM M: DISCUSSION M-1. Citizens -- None. M-2. Council -- Moore -- • Stated his concerns the chambers' sound system needed some attention. Snow noted she had recently had a conversation with Clerk Freas and Public Works Manager La Shot in that regard and it is a priority item of concern and they will be following through to find a solution. • Thanked Fire Chief Walden, Police Chief Kopp and City Manager Snow for their presentation before the Borough Assembly related to the City's OEM facility. Swarner -- • Reported Betty Nelson, a long-time resident of the area and past member of the Council on Aging, passed away. Her memorial service was planned to be held at the Senior Center on Saturday. KENAI CITY COUNCIL MEETING JANUARY 19, 2005 PAGE 11 • She attended the Kenai Chamber luncheon to hear a presentation from Unocal regarding the renewal of their Environmental Protection Agency permit. She requested administration bring forward a resolution supporting the continuance of the permit when it is timely. • Reported an incident with a snow machine being operated on a city street and requested extra patrols of that area. Massie -- Agreed with giving some attention to the chamber sound system. Ross -- Requested insurance savings program information be discussed at one of the budget work sessions. Gilman -- No comments. Butler -- • Read with interest the "Fish On" newsletter regarding the last fishing season. He added, it was nice to see old time industries coming back. • He was unable to participate in the discussions relating to the emergency operations center due to his involvement with the shipwreck/ oil spill at Unalaska. He noted, because disasters do not know boundaries, it is important for the area to be as prepared as possible. Porter -- Thanked administration for the building permits, Planning 8. Zoning resolution, etc. reports included in the packet. EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 8:54 p.m. Minutes transcribed and prepared by: 1:�(� x;n Carol L. Freas, tity Clerk Nworo.+r ca�aa az w �