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HomeMy WebLinkAbout2005-02-16 Council Minutesl AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 16, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZ.,www.ci.kenai.ak.us ITEM A: 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. James D. Hudson, CLMT -- Licensing of Massage Therapists 2. Brenda Pilgrim-Ahlberg, Boys & Girls Club -- Project Protect 3. Gerald R. Brookman/Richard Hahn -- McNeil River State Game Sanctuary and Refuge/Hunting Closures 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 2080-2005 -- Adopting KMC 23.40.010(b) to Create an Employee Classification for Employees Hired Under the "Mature Alaskans Seeking Skills Training" (MASST) Program. 2. Resolution No. 2005-06 -- Authorizing the City Manager to Enter Into a Bar/Lounge Concession Agreement for the Kenai Municipal Airport. 3. *Liquor License Renewal -- Peninsula Moose Lodge # 1942/Club 4. *2005 Liquor License Continuance -- WITHDRAWAL OF PROTEST -- - � Amy 8s George Bowen d/b/a One Stop. ITEM G• 1. ITEM H• 1. ITEM I• 1. 2. MINUTES *Regular Meeting of February 2, 2005. OLD BUSINESS Discussion -- Lawton Acres Update NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 3. *Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. 4. *Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. 5. Approval -- Council on Aging By -Law Amendment ITEM J: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8, Recreation Commission 6. Planning 8, 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 FEBRUARY 16 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZwww.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES 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: Linda Swarner Cliff Massie Rick Ross Blaine Gilman James N. Butler, III Pat Porter, Mayor Joe Moore, Vice Mayo A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: ITEM H-1, Lawton Acres Update: • 2/ 15/05 M. Kebschull memorandum reviewing DOWL Engineers comments related to the proposed Lawton Acres development. • 2/ 15/05 T. Potter, DOWL Engineers memorandum commenting on the proposed Lawton Acres development. • Lawton Acres: Conceptual Planning drawing. SUBSTITUTE: ITEM I-2, Purchase Orders Exceeding $2,500 -- Adding $8,000 to existing purchase order to Jackson Enterprises for airport fuel. MOTION: Council Member Moore MOVED to amend the agenda with the additions to Item H-1, Lawton Acres Update and Substitute Item I-2 and to approve the amended agenda. jCouncil Member Gilman SECONDED the motion. There were no objections. SO ORDERED. \ KENAI CITY COUNCIL MEETING � FEBRUARY 16, 2005 PAGE 2 A-4. CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda as presented and Council Member Gilman SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. James D. Hudson, CLMT -- Licensing of Massage Therapists Hudson noted, currently there is no licensing program for massage therapists in the State of Alaska, however the municipalities of Anchorage, Fairbanks and Valdez adopted city-wide codes. Hudson stated he would like the council to develop a code for licensing because the State has not. Additionally, those who would be licensed care givers would then be able to file insurance coverage forms for clients. Hudson also noted, the passage of an ordinance requiring set hours of training, etc. could disqualify some businesses and put them out of business; some states require certification; and, he has approached the Legislature to require certification but received no result. Mayor Porter thanked Hudson for bringing the issue forward and added, the certification requirement may be something to consider for the future. B-2. Brenda Pilgrim-Ahlberg, Boys & Girls Club -- Proj ect Protect Pilgrim-Ahlberg reviewed information included in the packet related to the "Project Protect" which was undertaken during the summer of 2004 and offered beach clean- up on both the north and south beaches; building fences to protect the dunes, stackingwood, etc. She noted, there were 22 youngsters involved in the program and no funds from the city were received to assist in the program. It was noted, the program, in effect, probably saved the city labor costs however and the funding the city provides to the Boys 8s Girls Club for the ALPAR program could not be used toward this project. Porter suggested the Club contact city administration in regard to the possibility of future funding for the program. B-3. Gerald R. Brookman/Richard Hahn -- McNeil River State Game Sanctuary and Refuge/Hunting Closures Richard Hahn, 1072 Linda Lane, Soldotna -- Reviewed information included in the packet and distributed a letter which was written to the Alaska Board of Game stating KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 3 his objection to Proposals 137 and 129 which would open the Kamishak Special Use Area and the McNeil River Bear Sanctuary to brown bear hunting. Hahn noted, the City of Homer passed a resolution objecting to the proposals and he requested a similar resolution from the City of Kenai. Gerald Brookman, 715 Muir Avenue, Kenai -- Echoed Hahn's concerns. Porter explained, a resolution would not be possible to consider and meet the constraints of the Board's meeting schedule. She suggested council members may want to address the issue as individuals, however. ITEM C: UNSCHEDULED PUBLIC COMMENTS Synneia Hagen-Lillevik -- Lillevik, along with other Kenai Central High School (KCHS) representing the Cross -Country Ski Team, thanked the Council for the City's support in grooming cross-country ski trails on the Golf Course property. Rocky Ward, 708 Magic Avenue, Kenai -- Ward, with members of the Kenai Central High School Senior Class, thanked the council for their continued support for the youth of the community and for the letter of support written to keep the KCHS graduation exercises held at the high school. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS None. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, KCVB Executive Director -- Reported the following: • She has held discussions with a printer related to development of visitor guides, tri-fold brochures, etc. for placement in various visitor information areas. • The 2005 "Native Art Now" art exhibit planning is progressing. ITEM F: PUBLIC HEARINGS F-1. Ordinance 2080-2005 -- Adopting KMC 23.40.010(b) to Create an Employee Classification for Employees Hired Under the "Mature Alaskans Seeking Skills Training" (MASST) Program. MOTION: Council member Swarner MOVED to adopt Ordinance 2080-2005 and Council Member Moore SECONDED the motion. \ KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 4 There were no public comments. Swarner urged council's passage of the ordinance as it is a program to provide employees to the city at no cost. Discussion followed in which Council Member Butler stated concern the city may take on the program and then the state could choose not to fund it in the future, leaving the city with the cost. Swarner explained the program is federally funded through the state. Additionally, the employee would be excluded from PERS and insurance benefits. City Manager Snow noted, administration had investigated the program, reviewed the guide received related to the program, City Attorney Graves developed the ordinance based on the information received, and, Finance Director Semmens had reviewed the information and ordinance and was comfortable with the program. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes :::J MOTION PASSED UNANIMOUSLY. F-2, Resolution No. 2005-06 -- Authorizing the City Manager to Enter Into a Bar/ Lounge Concession Agreement for the Kenai Municipal Airport. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-06 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. F-3., Liquor License Renewal -- Peninsula Moose Lodge # 1942 /Club Approved by consent agenda. F-4. 2005 Liquor License Continuance -- WITHDRAWAL OF PROTEST -- Amy 8v George Bowen d/b/a One Stop. Approved by consent agenda. ITEM G: MINUTES G-1, Regular Meeting of February 2, 2005 -- Approved by consent agenda. ITEM H: OLD BUSINESS a KENAI CITY COUNCIL MEETING } FEBRUARY 16, 2005 PAGE 5 H-1. Discussion -- Lawton Acres Update City Manager Snow noted the introduction of Ordinance No. 2081-2005, the inclusion of a Limited Commercial Zone in the Kenai Municipal Code was approved by the consent agenda. Since then, the airport consultant forwarded a conceptual drawing of the proposed perception of how the Lawton Acres property could be developed if it is included in the Limited Commercial Zone. The drawing, consultant comments, and a memorandum from City Planner Kebschull were distributed and added to the agenda at the beginning of the meeting. Snow requested direction from council as to how to proceed. Discussion followed from which comments included: • Proceeding with the preliminary plat for Lawton Acres and the ordinance to add a limited commercial zone to the code were not dependent upon each other. • There will probably be amendments offered for consideration to the limited commercial zone, i.e. allowing larger buildings than 2,500 square feet, etc. • There is satisfaction with the work completed by the Planning & Zoning Commission. • More than one public hearing may be necessary because of the comments from previous proposals for development of this area. • The public hearings on the zone addition should be completed prior to giving plat instructions for the development of Lawton Acres. • It is important the public sees the conceptual drawing of the proposed development as the zone amendments are proceeding and the drawing should be made a part of the documentation used for the zone discussions. Council consensus was to postpone any discussion on the development of Lawton Acres until after council's consideration of the limited commercial zone ordinance. BREAK TAKEN: 8:07 P.M. BACK TO ORDER: 8:15 P.M. ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Council Member Moore MOVED for approval of I-1 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED, I-2. Purchase Orders Exceeding $2,500 MOTION: KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 6 Council Member Moore MOVED to approve the Substitute I-2, purchase orders exceeding $2,500 and Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. I-3. Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. Introduced by consent agenda. I-4. Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. Introduced by consent agenda. I-5. Approval -- Council on Aging By -Law Amendment MOTION: Council Member Gilman MOVED to approve the amendment to the Council on Aging By -Laws and Council Member Swarner SECONDED the motion. Gilman reported he had requested the change to the by-laws to hold the meetings at 7:00 p.m. instead of 10:00 a.m. Gilman requested council approval of the change. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. ITEM J: COMMISSION/ OMMITTEE REPORTS -- — J-1. Council on Aging -- Gilman reviewed the meeting summary for the February 3, 2005 meeting which was included in the packet. He noted, a report of James McConnell of the Paladin Group was distributed to council. The report KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 7 included three possible site locations for an assisted living facility. Identified as the first choice is property close to Lawton Drive/ Swires Road which is owned by the Kenai Peninsula Borough. He noted, borough administration had been approached with regard to making the property available for this use, but were not in favor of using the property for that purpose. Gilman requested council's approval for him to approach the borough representatives and discuss the possibility of a land swap for the property. A brief discussion followed which included: • Whether the property was zoned appropriately for such a use. • Sensitivity should be given to this property's use as a tax base. • Time is of the essence or the Senior Connection will lose the funding they currently have for planning the development. • City administration will investigate the zoning issue and continue researching the possibility of using property on Redoubt Avenue. The zoning information will be included in the March 2 packet. Council stated no objections to Council Member Gilman contacting representatives of the Borough to try and pursue the acquisition of the Lawton/Swires property as the Senior Connection's first choice for a site for an assisted living facility. J-2. Airport Commission -- Council Member Swarner reported the Commission met with the airport survey consultants on February 15. Swarner noted, a conceptual drawing was prepared by the consultant as a planning tool for the Lawton Acres property which was added to the packet at the beginning of the meeting. She added, she understood funding was available in the project balance for doing conceptual drawings of airport properties and suggested administration be directed to have drawings prepared for other airport properties. Moore suggested the planner be utilized for Millennium Square property as well. A brief discussion followed in which it was noted the signed contract indicated a scope of work for the consultant, their contract would not allow for them to make an extra trip to Kenai to discuss the KEDS report and plans for Millennium Square, etc., and the consultant will be meeting with KEDS later when working on the Airport Master Plan. Barry Eldridge, KEDS, 2679 Bowpicker Lane, Kenai -- Indicated a member of the group had hired someone to prepare a conceptual drawing incorporating the ideas the group had perceived to be developed on the Millennium Square property. Council agreed back-up information of discussions, ideas, etc. for development of airport lands, including the KEDS information, be forwarded to the consultant and l request they make some preliminary comments and ideas for use of the lands. Request the information be brought forward at their next work session with the Airport Commission scheduled for March 29. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 8 J-3. Harbor Commission -- No report. J-4. Library Commission -- Council Member Gilman reported the meeting summary was included in the packet. J-5. Parks & Recreation Commission -- Council Member Moore reported the Commission met on February 3 at which time the members elected the chair and vice chair, heard a presentation by Jason Elson relating to land his father, Jim Elson, wishes to donate to the city for use as a rest area (the property is located along Silver Salmon Drive and the Spur Highway); discussed the upgrades to be made to the multipurpose facility from Arctic Winter Games funding; and recommended no town clock be purchased at this time. Parks & Recreation Director Frates referred the council to Information Item No. 1, notification from the Alaska Division of Parks and Outdoor Recreation the City's application for funding the Section 36 property as soccer fields, etc. through the FY04 Land & Water Conservation Fund Grant Program was ranked as the No. 2 project in the state. Frates noted the funding amount indicated was $251,548. Moore added, the city would be required a match of approximately $200,000 which could include in - kind contribution, but not land donation. J-6. Planning & Zoning Commission -- Council Member Ross noted the minutes of the January 26 and February 9 meetings were included in the packet. Council Member Butler stated he hoped the earlier request to consider developing licensing for massage therapists would not be dismissed. J-7. Miscellaneous Commissions and Committees J-?a. Beautification Committee -- Swarner reported the meeting summary of the February 8 committee meeting was included in the packet. She noted, the summer's theme was decided as "Barrels of Blooms." J-7b, Alaska Municipal League Report -- Swarner reported a teleconference was held by the Land Use and Economic Development Committee at which time the committee requested the Legislature to proceed slowly on the land bill giving land to the University. Their next meeting is scheduled for February 28. Swarner noted information received from the Alaska Municipal League (AML) regarding the senior citizen/ disabled veteran property tax exemption which is included in legislation as a mandate to the state's municipalities, but has not been funded by the state. Council directed a letter be written to Senator Wilken through AML strongly suggesting the repealing of the legislation unless it is continually funded by the state. J-?c. Arctic Winter Games -- Frates reported a meeting was held on February 9. The main discussion was the resignation of the general manager. He noted, KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 9 Borough Mayor Bagley will act as general manager until there is a new hire for the position. J-7d. Stranded Gas Committee -- Council Member Ross reported the next teleconference meeting would be held on March 2. Porter also noted Ross had been appointed as the city's representative to the Governor's Agrium Closure Task Force. ITEM K: REPORT OF THE MAYOR -- Mayor Porter noted the following items: • She participated in the Chamber's Job Shadow Day. • She is working on the Emergency Operations Center issue with representatives from the Borough, as well as City Manager Snow, Fire Chief Walden and Police Chief Kopp. • She and Mayor Carey welcomed members of the Senate and House Resource Committees which met in Kenai recently. Porter requested to send thank you letters to the members who traveled to Kenai. Council had no obj ections. • She discussed sending letters to owners of vacant buildings with City Attorney Graves. A list of the owners is being developed and whether a tax exemption could be offered as an incentive to do something with the buildings is being investigated. Porter stated she will meet with building owners to discuss suggested solutions. • Requested permission from council to pursue partnerships with the public and businesses relating to funding the remaining costs involved with purchasing a town clock. She suggested the clock be placed at Memorial Park. A brief discussion followed in which comments included support of the purchase of a clock; concerns that budgetary constraints the city may be facing, it is not the appropriate time to consider purchasing a clock; council should have some consensus with the purchase before going forward, i.e. costs involved, type of clock, etc.; and, a request was made for a verbatim of the Parks & Recreation Commission's discussion on the subject. Porter asked for a show of hands of whether she could move forward with the clock purchase. The show of hands indicated no. • Noted an email was received from Borough Assembly Member Milli Martin thanking the airport security individuals who helped her free her vehicle from the snow. • Noted a letter from RurAL CAP included in the packet discussing their interest in a self-help housing development in Kenai. Porter requested council direct City Manager Snow to follow through with discussions. Council had no objections. • Noted the Kenai Police Department would be the primary host to the 2005 Alaska Peace Officers Association statewide conference at Kenai Landing in the spring. • Noted the Hobby Stop has requested to hold radio -controlled races on the a portion of the old FAA field. J/ ITEM L: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING \� FEBRUARY 16, 2005 PAGE 10 City Manager -- City Manager Snow noted the following items: • The grant application ranking discussed earlier in the meeting. • Received notification from the owners of Wings Family Diner requesting they be released from the portion of their lease for Space 21 area in the airport terminal. Snow stated administration would be working on an amendment to the lease with City Attorney Graves. • A breakfast for employees is planned for February 24 and will include a slide show and door prizes. • No funding was included for a project in Kenai through the Corps of Engineers included in President Bush's. • The reports of the department heads were included in the packet. Ross noted, a work session on the proposed amendments to Title 17 was scheduled for 6:00 p.m. on March 2. He requested a comparison between Kenai and other communities related to fees and penalties be provided for review. A brief discussion followed related to the request to amend the airport restaurant lease. A request was made for administration to provide costs invested by the city to { remodel Space 21 at the diner owners' request in order for them to provide espresso, etc. to travelers. Council had no objections. Porter requested council approve a door prize for the employee breakfast awarding a day -off -with -pay as has been done in past years for the employee appreciation dinner. MOTION: Council Member Swarner MOVED to continue with the process and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED, L-2. Attorney -- Attorney Graves noted he was researching whether a property tax exemption could be given for refurbishment of vacant properties. He stated, he planned on placing a memorandum in the next packet to this regard. L-3. City Clerk -- No report. ITEM M: DISCUSSION M-l. Citizens -- None. M-2. Council Moore -- Reported the street lights were out in Inlet Woods Subdivision. KENAI CITY COUNCIL MEETING FEBRUARY 16, 2005 PAGE 11 Swarner -- • Reported she would not be attending the March 2 council meeting and urged passage of Ordinance No. 2082-2005 relating to certified mailings. • Reported the City is considered a semi-finalist sponsor for the Caring for the Kenai program. It was noted, several of the city departments would provide items or prizes. • Suggested a link be provided on the city webpage to information regarding the bluff erosion project. Swarner also asked the process for receiving proposals for updating/remodeling the webpage. Snow noted a price quote was received from the current assistance provider for inclusion in the draft budget. If funds are included in the final budget and council wants to request proposals, a proposal request could be advertised at that time. Moore stated he felt, since it is not a standardized service, it would be good to look at other proposals before committing to any one vendor. Massie -- No comments. Ross -- No comments. Gilman -- No comments. Butler -- • Stated he appreciated Assembly Member Martin's comments regarding snow removal. He noted, he has heard other positive comments of the city employees' efforts to clear snow from roads, sidewalks, parking lots, etc. • Urged the community attend the local presentation of "Brigadoon." EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 9 : 2 5 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk k