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HomeMy WebLinkAbout2005-07-20 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING DULY 20, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwwcr.ci.ken.ai.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. Todd Eberhardt, Copper River Seafoods -- Dock Fuel 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. 2107-2005 -- Increasing Estimated Revenues and Appropriations by $65,812 in the Senior Citizen Special Revenue Fund and Senior Center Kitchen Capital Project Fund for Kitchen Remodel. a. Substitute Ordinance No. 2107-2005 -- Increasing Estimated Revenues and Appropriations in the Senior Citizen Special Revenue Fund and the Senior Center Kitchen Capital Pro j ect Fund for Kitchen Remodel. 2. Ordinance No. 2108-2005 -- Amending Portions of Kenai Municipal Code, Title 6 Entitled, "Elections." 3. Resolution No. 2005-34 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. 1 4. Resolution No. 2005-35 -- Amending the Description of the Minimum Charge in the Public Utility Regulations and Rates. 5. Resolution No. 2005-36 -- Approving a Contract to Blazy Construction, Inc. for the Project Entitled Kenai Senior Center Kitchen Addition/ Renovation - 2005 for the Total Amount of $36 1)000. 6. LIQUOR LICENSE RENEWAL -- WITHDRAWAL OF PROTEST Roy Dale Howard d/b/a Kenai Joe's -- Beverage Dispensary ITEM G: MINUTES 1. *Regular City Council Meeting of July 6, 2005. ITEM H: OLD BUSINESS Discussion -- Dock Boat Exit Road/Land Trade and Sale with The Conservation Fund NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 3. *Ordinance No. 2109-2005 -- Increasing Estimated Revenues and Appropriations by $51,491 in the General Fund for a Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys and Girls Club of the Kenai Peninsula. 4. *Ordinance No. 2110-2005 -- Finding that Certain Foreclosed Property, Described as Lot 1, Block 1, Thompson Park Subdivision Addition No. 1, 3920 Togiak Street, (Parcel No. 049-130-14) is Not Needed for Public Purpose and May be Sold. 5. 6. 7. TTFM J! 1. 2. 3. 4. 5. 6. Approval -- Extension of Construction Schedule/Lot 8, Block 2, Cook Inlet Industrial Air Park -- Julie Latta, Lessee. Discussion -- FY 2006 Designated Legislative Grants Discussion -- Schedule Strategic Planning Session COMMISSION / COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & 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 (live minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT ' KENAI CITY COUNCIL - REGULAR MEETING JULY 20, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.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. Immediately following, a moment of silence was held in remembrance of former State Senator and Borough Mayor Don Gilman and Judge Charles Cranston. 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 Linda Swarner Cliff Massie Rick Ross Absent were: Joe Moore, Blaine Gilman, and James N. Butler, III A quorum was present. A- 3 . AGENDA APPROVAL Mayor Porter noted the following amendments needing to be made to the agenda: SUBSTITUTE: F-3, Substitute Attachment A (Screening Plant was removed) SUBSTITUTE: I-2, Purchase Orders Over $2,500 ADD TO: H-1, Discussion/Dock Boat Exit Road (information Regarding The Conservation Fund offer for trade) . ADD AS: I-8 -- Discussion/ Setting Acting City Manager Salary ADD: Executive Session -- Personnel Issues/Acting City Manager Salary MOTION: Council Member Ross MOVED to approve the agenda with the amendment information provided. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 205, 2005 PAGE 2 A-4. CONSENT AGENDA MOTION: Council Member Ross MOVED for approval of the consent agenda as presented. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Todd Eberhardt, Copper River Seafoods -- Dock Fuel Eberhardt gave a brief history of his company noting it is owned by three Alaska fisherman who believed commercial, sport, and dip net fisheries can co -exist; they assist the community through local hires, paying a higher wages to ensure money comes back into the community; and, paying a higher dock price and leasing some of the city buoys. Because they want to grow their fleet, he suggested his company be able to purchase 4,000 gallons of fuel from the city at the city's price. Because of the bulk purchase at the city's bulk fuel price, his company would then pass the bulk fuel price on to their fleet. To implement the process, Copper River Seafoods would provide a credit card to the city's dock foreman who would track the sales to their fleet; their fleet is already tracked due to the lease requirements; the city's fuel pumps are metered and the fuel prices are posted. Council consensus was for Eberhardt to discuss the matter further with Acting City Manager Kopp and find a workable solution. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Tim Dillon, General Manager, Arctic Minter Games -- North Tinker, Kenai Dillon offered an update to events taking place with preparations for the Arctic Winter Games, including: • They have rented storage space at the Jahrig Warehouse. • A variety of construction projects are ongoing in preparation for the Games and they are keeping the community updated by posting information on their web page, including pictures of project progress. • They will be placing a static display of merchandise, informational pamphlets, etc. at the Kenai Airport. KENAI CITY COUNCIL MEETING DULY 202 2005 PAGE 3 • They have closed their merchandise store and instead are working with local businesses to sell the merchandise. 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, Executive Director, Kenai Convention & Visitors Bureau -- Renken noted the following: • Presented a framed poster of the 2005 art show to the city, along with art show catalog. • Thanked Kenai Airport personnel with their participation in welcoming Kenai River Classic guests to the area. • Cruise ship passengers were welcomed at Kenai Landing. ITEM F: PUBLIC HEARINGS F-1, Ordinance No. 2107-2005 -- Increasing Estimated Revenues and Appropriations by $65,812 in the Senior Citizen Special Revenue Fund and Senior Center Kitchen Capital Project Fund for Kitchen Remodel. F-1 a. Substitute Ordinance No. 2107-2005 -- Increasing Estimated Revenues and Appropriations in the Senior Citizen Special Revenue Fund and the Senior Center Kitchen Capital Proj ect Fund for Kitchen Remodel. MOTION: Council Member Swarner MOVED for approval of Substitute Ordinance No. 2107- 2005 and Council Member Massie SECONDED the motion. There were no public comments. MOTION TO POSTPONE: Council Member Swarner MOVED to postpone Ordinance No. 2107-2005 until the next regularly scheduled council meeting and Council Member Massie SECONDED the motion. Council Member Ross requested additional backup information be included with the ordinance for the August 3 meeting. �KENAI CITY COUNCIL MEETING DULY 20, 2005 PAGE 4 VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Absent Butler Absent -,-Gilman MOTION PASSED UNANIMOUSLY. F-2. Ordinance No. 2108-2005 -- Amending Portions of Kenai Municipal Code, Title 6 Entitled, "Elections." MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2108-2005 and Council Member Massie SECONDED the motion. There were no public or council comments. VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Gilman Absent Butler Absent MOTION PASSED UNANIMOUSLY. F-3, Resolution No. 2005-34 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-34, with the substitute Attachment A, and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no public comments. It was noted the difference in the original list and substitute was the removal of the Coleman screen plant (to be kept for future city projects) . VOTE: There were no objections. SO ORDERED. �KENAI CITY COUNCIL MEETING JULY 20, 2005 PAGE 5 F-4, Resolution No. 2005-35 -- Amending the Description of the Minimum Charge in the Public Utility Regulations and Rates. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-35 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, F-5, Resolution No. 2005-36 -- Approving a Contract to Blazy Construction, Inc. for the Project Entitled Kenai Senior Center Kitchen Addition/ Renovation - 2005 for the Total Amount of $361,000. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-36 and Council Member Ross SECONDED the motion. There were no public or council comments. MOTION TO POSTPONE: Council Member Swarner MOVED to postpone Resolution No. 2005-36 to the next meeting in August and Council Member Ross SECONDED the motion. VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Gilman Absent Butler Absent MOTION PASSED UNANIMOUSLY. F-6, LIQUOR LICENSE RENEWAL -- WITHDRAWAL OF PROTEST Roy Dale Howard d/ b / a Kenai Joe's -- Beverage Dispensary MOTION: KENAI CITY COUNCIL MEETING DULY 20, 2005 PAGE 6 Council member Massie MOVED for approval of the withdrawal of protest and Council Member Swarner SECONDED the motion. Clerk Freas noted, the city's protest was based on amounts owed to the Kenai Peninsula Borough and those had been brought current. VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Gilman Absent Butler Absent MOTION PASSED UNANIMOUSLY. ITEM G: MINUTES G-1. Regular City Council Meeting of July 6, 2005 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Dock Boat Exit Road/Land Trade and Sale with The Conservation Fund Public Works Manager Kornelis explained the following: • Brad Meiklej ohn, Alaska representative to The Conservation Fund was in attendance to answer questions. • The lay down information included the same information included in the council packet but with a new photograph identifying the properties the Fund is interested in trading (Fund property 6.42 Acres for City Parcel #7, plus $10,000 to equal the appraisals) and purchasing (City Parcels 1, 2, 4, 5, and 6), as well as indicating the "panhandle" area (a portion of City Parcel 2) suggested to be held for future city use. • The Planning 8. Zoning Commission recommended the City trade Parcel 7 for 6.42 Acres and suggested selling the five parcels except the "panhandle" portion of Parcel 2. Meiklej ohn was consulted and he indicated that would not be a problem. • The Fund is interested in purchasing wetlands and not uplands. • The Harbor Commission recommended council go forward with the trade and pursue the sale of Parcels 1-6 with the exception of Parcel 3. • The Fund suggested the trade of their property for Parcel 7 but would consider other property instead with equitable value. KENAI CITY COUNCIL MEETING DULY 20, 2005 PAGE 7 • Preference would be to have council's approval of the trade of Parcel 7 and the 6.42 Acres and the sale of city property as a previous letter from the Fund indicated needing action by August, 2005. • If council wants to retain the 'panhandle' portion of Parcel 2, a new appraisal should be ordered first. • He was asked to investigate mitigation and he discussed the issue with the Corps of Engineers. He learned, if the city wants to develop wetlands, mitigation could be taking some of the city's upland area and turn it into wetlands as a trade. Brad Meiklejohn, The Conservation Fund, Alaska Representative, Eagle River -- Meiklejohn noted the following: • The Fund owns a piece of property at the city boat dock and would be happy to part with a portion of it to facilitate traffic movement through the boat dock area. He has been working with Kornelis for several years in order for the Fund to acquire good quality wetlands they are interested in protecting and get the city all the access property they need. • The piece they would be trading is actually a gravel pad and well suited for the access project. • They have had some money available for about two years which they tried to allocate to another project on the Kenai Peninsula, however the project fell through. The funding will expire in August, 2005 and they wanted to approach the city with regard to the wetlands the city owns (any or all) above the bridge either on a sale or conservation easement. • They have no particular intentions for those parcels. The money they have is earmarked for wetland protection (which would be perpetually protected) . • If they felt there was some receptivity from the council to move forward on the trade/purchase, they believed they could receive an extension on the funds, possibly six months to a year. • There are two separate transactions -- the trade and the proposed sale of wetlands. A brief discussion took place by council. Because there was not a full council in attendance, there was interest in continuing the discussion of selling wetlands at the August 3 meeting. Meiklejohn had no objection to the postponing of the proposed sale of wetlands. Porter stated a resolution would be prepared for the land trade for the August 3, 2005 council meeting and the discussion of possibly selling wetlands to The Conservation Fund would be included as well. Meiklejohn noted, selling of wetlands can sometimes be a concern for some and suggested council consider the sale of a conservation easement, i.e. the sale of the development rights to The Conservation n ' p g Fund and allowing the city to retain KENAI CITY COUNCIL MEETING JULY 20, 2005 PAGE 8 ownership of the wetlands. He added, he did not know what the impact on value would be, however he suggested it could be 90% of the fair market value and the development rights which would not lower the appraised value by much. He explained, although trickier, it is possible for development rights to be purchased for terms for certain periods of time. ITEM I: NEW BUSINESS I-1. Bills to be Ratified MOTION: Council Member Massie MOVED for approval of the ratification of the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, I-2. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Ross MOVED for approval of the purchase orders exceeding $2,500. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Public Works Manager Kornelis noted the increase to the purchase order for concrete repairs was due to additional areas needing repaired after the bid opening and an increase in material costs. Swarner noted she received a complaint from a citizen related to damage of a flowerbed by the contractor. She requested more care be afforded by the contractor. I-3. Ordinance No. 2109-2005 -- Increasing Estimated Revenues and Appropriations by $51,491 in the General Fund for a Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys and Girls Club of the Kenai Peninsula. Introduced by consent agenda. I-4. Ordinance No. 2110-2005 -- Finding that Certain Foreclosed Property, Described as Lot 1, Block 1, Thompson Park Subdivision Addition No. 1, 3920 Togiak Street, (Parcel No. 049-130-14) is Not Needed for Public Purpose and May be Sold. Introduced by consent agenda. KENAI CITY COUNCIL MEETING DULY 20, 2005 PAGE 9 I-5, Approval -- Extension of Construction Schedule/Lot 8, Block 2, Cook Inlet Industrial Air Park -- Julie Latta, Lessee. MOTION: Council Member Ross MOVED for approval of the extension of construction schedule, Lot 8, Block 2, Cook Inlet Industrial Air Park. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, I-6, Discussion -- FY 2006 Designated Legislative Grants MOTION TO POSTPONE: Council Member Ross MOVED to postpone the issue until the August 3, 2005 council meeting and Council Member Swarner SECONDED the motion. VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Gilman Absent Butler Absent MOTION PASSED UNANIMOUSLY. I-7, Discussion -- Schedule Strategic Planning Session MOTION TO POSTPONE: Council Member Swarner MOVED to postpone the issue and schedule it for the next meeting (August 3, 2005). Council Member Ross SECONDED the motion. VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Gilman Absent Butler Absent MOTION PASSED UNANIMOUSLY. I-80 Discussion -- Setting Acting City Manager Salary � MOTION: KENAI CITY COUNCIL MEETING JULY 202 2005 PAGE 10 Council Member Massie MOVED to convene into executive session of the Council of the City of Kenai to discuss a personnel matter -- setting of the Acting City Manager salary. Council Member Swarner SECONDED the motion. VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Gilman Absent Butler Absent MOTION PASSED UNANIMOUSLY. COUNCIL CONVENED INTO EXECUTIVE SESSION: 7:54 P.M. COUNCIL MEETING RECONVENED: 8:10 P.M. Council Member Swarner reported the council met in executive session and discussed the setting of the salary for the Acting City Manager. MOTION: Council Member Swarner MOVED the Acting City Manager stipend be paid to him each month as long as he continued as Acting City Manager at $1,815.4 1. Council Member Massie SECONDED the motion. VOTE: Porter Yes Moore Absent Swarner Yes Massie Yes Ross Yes Gilman Absent Butler Absent MOTION PASSED UNANIMOUSLY. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- It was noted the next meeting would be held August 7, 2005. J-2. Airport Commission -- Swarner noted the meeting summary of the July 14 meeting was included in the packet. She also reported the next work session with the consultant was scheduled for July 26 from 6-9:00 p.m. KENAI CITY COUNCIL MEETING JULY 202 2005 PAGE 11 J-3. Harbor Commission -- Massie noted the meeting summary was included in the packet and most of the discussion centered around the wetlands trade issue. He added, the members were in favor of making the trade, though they did not discuss the panhandle portion as noted in the council's earlier discussion. J-4. Library Commission -- It was noted the next meeting would be held on August 2, 2005. Mayor Porter referred to the letter of resignation received from Janice Rodes and noted there were now two seats available on the commission. J-5. Parks & Recreation Commission -- Parks &s Recreation Director Frates reported the next meeting would be held August 4. He also noted, no word had been received related to the grant application for the development of a soccer field on Section 36 property. Porter referred to Teresa Werner's letter of resignation from the commission included in the packet. J-6. Planning & Zoning Commission -- Council Member Ross reported he would be attending the meeting scheduled for July 27. He also noted the minutes of the July 13 meeting were included in the packet. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner reported no meeting was held in July and the August meeting would be held on August 9. Porter requested an update related to the bluff erosion project. Public Works Manager Kornelis reported City Manager Snow sent a letter recently requesting a response however nothing had been received to date. Kornelis was requested to follow up the letter with a phone call. J-7b. Alaska Municipal League Report -- Swarner reported the Legislative Committee would be meeting in Skagway in August. J-7c. Arctic Winter Games -- Frates referred to information reported by Tim Dillon at the beginning of the meeting and also noted the bleacher purchase had been approved by the Host Committee. J-7d, Stranded Gas Committee -- Ross reported he anticipated a meeting to be called in the next several weeks. ITEM K: REPORT OF THE MAYOR -- Mayor Porter requested a report from Kornelis related to the development of the town clock. Kornelis noted the following: • He met with the town clock artist and welder related to the final details of the clock design and construction. ' KENAI CITY COUNCIL MEETING JULY 20, 2005 PAGE 12 • After talking with the manufacturer, it was decided the fluorescent lighting previously chosen would be changed to neon lighting; two surface -mounted clocks would be purchased instead of a double-faced clock which will work better in constructing the clock body. Additional cost for these changes would be minimal. • He would forward the order for the clock in the morning. ITEM L: ADMINISTRATION REPORTS City Manager -- Acting City Manager Kopp reported the following: • The department reports were included in the packet. • Mark Johansen, who worked in the Streets/Public Works Department, retired after thirty years of service with the City of Kenai. Mark Langfitt was upgraded to Street Foreman and an operator position is being advertised. • The Airport Commission will discuss the possible repurchase of lease rights for property at the south end of the south end of the airport. The additional property would then be developed for a paid parking lot. • Thanked the Airport employees for their assistance with attending to the flight crews of the many planes using the airport for the Kenai River Classic. • The annual FAA certification went well at the airport. • The dip net fishery was in full swing and going well. Very few complaints had been received. L-2. Attorney -- No report. L-3. City Clerk -- Clerk Freas noted the following: • The Airport Commission Work Session scheduled for July 26, 2005 from 6-9 p.m. • Referred to her memorandum included in the packet related to the receipt of a LID petition for VIP Country Estates Subdivision Part 3 & 4. She added, the petition is in process and a report would be coming forward from the city manager within 60 days of the receipt of the petition. • The funeral service schedule for former Borough Mayor and Alaska Legislator Don Gilman and Judge Charles Cranston. ITEM M: DISCUSSION M-1. Citizens -- None. M-2. Council -- Swarner -- Noted she received suggestions from two constituents to name the multipurpose facility after Judge Cranston. KENAI CITY COUNCIL MEETING JULY 20, 2005 PAGE 13 Massie -- The Harbor Commission discussed implementing a 'no wake' zone on the lower part of the river mainly for commercial boats in an effort to help minimize bank erosion. He noted, the Commission would like to work with the Coast Guard to place signs for that purpose. Acting City Manager Kopp agreed the erosion problem is serious, however due to the weight, size, etc. of the commercial boats and the force of the river, the boats need to go a certain speed. He added, a no wake zone at the lower part of the river would be problematic. Ross -- No comments. Porter -- No comments. EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 8:30 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY couNcn. DATE Y CLEi",