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HomeMy WebLinkAbout2005-09-07 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt w w. ci . kenai . ak. u s 6:00 p.m., Board of Adjustment Hearing -- Appeal of Planning & Zoning Commission Denial of PZ05-46, an application to rezone the property known as a Portion of Government Lot 4 - T05N, R 1 OW, S06 (That Portion of Gov. Lot 4 Beginning at NW Corner of GL 4 TH East 547.10 Ft to a Point of Intersection with Centerline of Kenai Spur Highway Th S 24 Deg 23'30" E along Centerline of Hwy 609.38 Ft Th N 65 Deg 36'30" E 100 Ft to Point on East), 5648 Kenai Spur Highway, from Rural Residential to General Commercial. Application submitted by Jay T. and William A. Snow, 5648 Kenai Spur Highway, Kenai, Alaska. Appeal filed by Jay T. and William A. Snow. 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. Emily DeForest/Kathy Heus -- Library Funding 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. Resolution No. 2005-43 -- Transferring $10,000 in the General Fund for Additional Code Enforcement Staffing. 2. Resolution No. 2005-44 -- Approving the Sale of Lots Five (5) and Six � (6), Block Two (2), Evergreen Subdivision, Kim Addition. 3. Resolution No. 2005-45 -- Transferring $10,000 in the Airport Terminal Modification Capital Project Fund for Engineering Services for Expanded Itinerant Aircraft Parking at the Airport. 4. REMOVAL OF OBJECTION TO CONTINUANCE -- Kings Inn Property Management LLC, d/b/a Kings Inn Hotel, Restaurant. ITEM G: MINUTES 1. *Regular City Council Meeting of August 17, 2005. 2. *August 20, 2005 Strategic Planning Work Session Notes ITEM H: OLD BUSINESS 1. Discussion -- Sale of City Wetlands to The Conservation Fund/Conservation Easement. ITEM I: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $2,500 3. *Ordinance No. 2115-2005 -- Increasing Estimated Revenues and Appropriations by $9,900 in the Senior Citizens Fund for Kitchen Rental. 4. *Ordinance No. 2116-2005 -- Increasing Estimated Revenues and Appropriations by $64,750 in the General Fund for the Fire Department Physical Fitness Program. 5. *Ordinance No. 2117-2005 -- Increasing Estimated Revenues and Appropriations by $3,838 in the General Fund for Wildfire Firefighting Equipment. 6. *Ordinance No. 2118-2005 -- Increasing Estimated Revenues and Appropriations by $503,096 in the Kenai Soccer Park Capital Project Fund for a Federal Grant. 7. *Ordinance No. 2119-2005 -- Amending Section 7.15.050(1) to Increase the Amount that Can be Spent on Purchases of Supplies, Materials, Equipment or contractual Services Without a Competitive Bid Process from $10,000 to $252000. 8. *Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances that Can be Transferred in Line Item Accounts Without Approval of the City Council from $2,500 to $5,000. 9. *Ordinance No. 2121-2005 -- Amending Section 7.15.030(a) of the Kenai Municipal Code to Increase the Amount of Purchases Requiring Prior Council Approval From $2,500 to $15,000. 10. *Ordinance No. 2122-2005 -- Increasing Estimated Revenues and Appropriations by $290,000 a State of Alaska Grant for Public Improvements. 1 1. *Ordinance No. 2123-2005 -- Increasing Estimated Revenues and Appropriations by $790,000 a State of Alaska Grant for Road and Sewer Improvements. 12. Approval -- October 4, 2005 City of Kenai General Election/Precinct Election Boards. ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. 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 (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www. ci. kenai. ak. u s 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. Porter commented on the need to offer hope and assistance to those impacted by Hurricane Katrina; noted the city has a disaster plan; and, referred to a summary of the plan available through administration. A-2. 1 f%T_T_ nAT_T_ Roll was taken by the City Clerk. Present were: Cliff Massie Blaine Gilman James N. Butler, III Pat Porter, Mayor Joe Moore Linda Swarner Absent was: Rick Ross A quorum was present. Also Present: Les Krusen, Student Representative A-3, AGENDA APPROVAL Mayor Porter noted the following information to be added to the packet: ADD TO. F-1, Resolution No. 2005-43 -- C. Kopp Memo, Code Enforcement Summary SUBSTITUTE: I-1, Corrected Payments over $2,500 needing Ratification (Change in explanation of Premera Blue Cross payment) . MOTION: } Council Member Moore MOVED to approve the agenda with the inclusion of the � additional information noted and Council Member Swarner SECONDED the motion. -- � KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 2 VOTE: Student Representative Krusen: Yes Massie Yes Ross Absent Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. A-4, CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda as presented and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Emily DeForest/Kathy Heus -- Library Funding Kathy Heus, 4540 Kenaitze Court, Kenai -- Heus explained the Friends of the Library and Library Commission, over the last several years, had been working toward an expansion to the library. In their research, they are contacting other community libraries. They also have learned grant funds are available, however in many cases, for the grant application to be considered, an acknowledgement and commitment of matching funds from the municipality is needed. She requested council to consider a resolution to commit up to $500,000 for a library addition for them to use to pursue grant funding for the remainder of funds needed. Heus also noted, the Commission unanimously passed a motion to request the council for the resolution and they requested the library addition be placed on the city's capital improvement project request list as the number one priority. Council Member Gilman reported he attended the meeting and noted, a precedent had been set through grant funds received from the Legislature by the City of Homer to enlarge their library. Gilman added, the estimated cost for the addition would be approximately $2 million and he believed it would be good timing to bring the resolution forward -- if grant funds are not able to be raised, the city would not be out of any money. Acting City Manager Kopp reported administration would be bringing forward a draft capital improvement project plan (probably the second October meeting) and would be -~� KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 3 identifying more than 20 projects from "wants" to "critical needs" along with a scoring system and identification of funding sources. He noted, he believed it important council review all the projects together, score them, identify funding sources, etc. before making any determinations. Council Member Swarner requested Heus forward potential grant sources to the City Clerk for inclusion in the packet of project information. Council Member Butler suggested Heus forward wording for inclusion in a resolution as well. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Betty Glick, 1601 East Aliak, Kenai -- Ms. Glick reported on actions taken at the September 6, 2005 Assembly meeting, noting grant appropriation approvals, etc. Discussion followed related to the Borough's involvement in the North Road expansion. ITEM E• REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, KCVB, 11471 Kenai Spur Highway, Kenai -- Renken gave a brief review of activities taking place at the Visitors Center. ITEM F: PUBLIC HEARINGS F-1, Resolution No. 2005-43 -- Transferring $10,000 in the General Fund for Additional Code Enforcement Staffing. MOTION: Council Member Gilman MOVED for adoption of Resolution No. 2005-43 and Council Member Butler SECONDED the motion. There were no public comments. Kopp reviewed explanation information included in the memorandum added to the packet at the beginning of the meeting. He noted, justification of the position would be proven through complaints received, the position will be reviewed during the budget process, and council will have the ability to determine whether it should be continued or not at that time. Student Representative Krusen Vote: Yes VOTE: KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 4 Massie Yes Ross Absent Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes I i MOTION PASSED UNANIMOUSLY. F-2, Resolution No. 2005-44 -- Approving the Sale of Lots Five (5) and Six (6), Block Two (2), Evergreen Subdivision, Kim Addition. MOTION: Council Member Massie MOVED for approval of Resolution No. 2005-44. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Gilman stated he would not support the resolution as he felt the property should not be sold at below market value unless a driving motivation identifies the need. It was also noted, the applicants were made aware of the planned soccer Feld placement in close vicinity; the Evergreen properties had been } up for sale in 1994 and there were no bidders; there are 15 lots in the subdivision and seven were sold at discount; though the property will be sold at discount, a very nice home will be built which will be long-term income to the city through property taxes, etc. Student Representative Krusen Vote: Yes VOTE: Massie Yes Ross Absent Gilman No Butler Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED, F-3. Resolution No. 2005-45 -- Transferring $10,000 in the Airport Terminal Modification Capital Project Find for Engineering Services for Expanded Itinerant Aircraft Parking at the Airport. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-45 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. ` KENAI CITY COUNCIL MEETING y SEPTEMBER 7, 2005 PAGE 5 There were no public comments. Airport Manager Cronkhite gave a brief explanation of the project. VOTE: There were no objections. SO ORDERED, F-4, REMOVAL OF OBJECTION TO CONTINUANCE -- Kings Inn Property Management LLC, d/ b/ a Kings Inn Hotel, Restaurant. Gilman reported a conflict with the issue and abstained from voting. There were no objections noted by Mayor Porter. City Clerk Freas gave a brief review, noting the continuance was based on tax delinquencies owed to the Borough for 2004, prior to January 31, 2005. MOTION: Council Member Moore MOVED to withdraw the protest and Council Member Butler SECONDED the motion. Student Representative Krusen Vote: Yes VOTE: Massie Yes Ross Absent Gilman Abstain Butler Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. ITEM G: MINUTES G-1, Regular City Council Meeting of August 17, 2005 -- Approved by consent agenda. G-2. August 20, 2005 Strategic Planning work Session Notes -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Sale of City Wetlands to The Conservation Find/Conservation Easement. \ KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 6 Council Member Butler noted comments he received from the public were (1) concerns of selling the property and tying it up and (2) for what the sale funds would be used. Butler also noted, the time restraints related to the appraisal and availability of funds were no longer applicable. Referring to comments made at the last meeting regarding the possibility of a conservation easement option to consider, he felt it would be in the city's interest to retain ownership or fee title interest in the property in order for the city to boast and market its ownership of the land along the Kenai River. He added, he would like to have the council explore how to best manage the funds for purposes of benefiting all the residents in the area. Council Member Massie requested an explanation of how the land would be used differently if it were leased or sold. He added, as he understood it, the property could not be used either way. Kopp referred to a memorandum from The Conservation Fund representative Brad Meiklej ohn included in the packet. He noted, if the city sells the easement rights, the city, as property owner, would be held liable if the property were used in a manner outside of the easement agreement. Kopp stated, the possibility was a concern of administration and adding, there were many projects for which the funds could be used as matches. He suggested waiting to make a decision on use of the funds until the capital improvement projects plan is discussed in October. It was also noted, the offer of purchase from The Conservation Fund was good for one year. Council Member Moore stated he was also concerned with the easement concept; it would not be a lot of money received for the property; if the property is sold, it would be gone forever; the General Fund has an $8 million balance; thinks it is important to maintain ownership of the River property; and, he would be interested in listening to other proposals, but was not interested in doing anything with the property. Butler suggested Attorney Graves discuss with the Fund, the basis of rights and responsibilities of a conservation easement and also suggested talking with FAA regarding a property swap. Consensus of council was to delay consideration of the issue and collect additional information related to a conservation easement, i.e. how the arrangement would work, what the liabilities and responsibilities of the city would be, etc. ITEM I: NEW BUSINESS I-11 Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 7 Council Member Butler MOVED to ratify the bills marked Substitute I-1 and Council member Moore SECONDED the motion. There were no objections. SO ORDERED. I-2. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED, I-3. Ordinance No. 2115-2005 -- Increasing Estimated Revenues and Appropriations by $9,900 in the Senior Citizens Fund for Kitchen Rental. Approved by consent agenda. I-4. Ordinance No. 2116-2005 -- Increasing Estimated Revenues and Appropriations by $64,750 in the General Fund for the Fire Department Physical Fitness Program. Approved by consent agenda. I-5. Ordinance No. 2117-2005 -- Increasing Estimated Revenues and Appropriations by $3,838 in the General Fund for Wildfire Firefighting Equipment. Approved by consent agenda. I-6. Ordinance No. 2118-2005 -- Increasing Estimated Revenues and Appropriations by $503,096 in the Kenai Soccer Park Capital Project Fund for a Federal Grant. Approved by consent agenda. I-7. Ordinance No. 2119-2005 -- Amending Section 7.15.050(1) to Increase the Amount that Can be Spent on Purchases of Supplies, Materials, Equipment or contractual Services Without a Competitive Bid Process from $10,000 to $25,000. Approved by consent agenda. I-8. Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances that Can be Transferred in Line KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 8 Item Accounts Without Approval of the City Council from $2,500 to $5,000. Approved by consent agenda. I-9. Ordinance No. 2121-2005 -- Amending Section 7.15.030(a) of the Kenai Municipal Code to Increase the Amount of Purchases Requiring Prior Council Approval From $2,500 to $15,000. Approved by consent agenda. I-10. Ordinance No. 2122-2005 -- Increasing Estimated Revenues and Appropriations by $290,000 a State of Alaska Grant for Public Improvements. Approved by consent agenda. I-11. Ordinance No. 2123-2005 -- Increasing Estimated Revenues and Appropriations by $790,000 a State of Alaska Grant for Road and Sewer Improvements. Approved by consent agenda. I-12. Approval -- October 4, 2005 City of Kenai General Election/ Precinct Election Boards. MOTION: Council Member Swarner MOVED to approve the persons listed as election board members for the October 4, 2005 City of Kenai/Kenai Peninsula Borough election and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM J: COMMISSION/ COMMITTEE REPORTS J-1. Council on Aging -- No meeting. J-2. Airport Commission -- Swarner reported the August meeting summary was included in the packet and the next meeting will be held September 8, 2005. J-3, Harbor Commission -- Massie reported the next meeting would be held on September 12, 2005. Mayor Porter noted an application from Randy Canady for placement on the Commission was included in the packet. There were no objections stated to Canady's appointment. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 9 J-4, Library Commission -- Gilman reported the Commission met on September 6 where the desired library expansion was discussed; Eileen Bryson was welcomed as a new commissioner; Commissioner Jenckes reported he would be resigning from the Commission; and it was noted, Director Jankowska's last day would be September 10. J-5. Parks & Recreation Commission -- Moore reported the summary for the September 1 meeting was included in the packet. Director Frates reported Dale Sandahl was elected as chair and Todd Wortham was elected as vice chair. The Commission discussed the planned soccer park procedures; heard a a presentation from the Kenai Kennel Club who are requesting use of an area beside the soccer park for a dog park; and, discussed the meeting schedule and recommended the commission meet bi-monthly. J-6. Planning & Zoning Commission -- Moore noted, the August 24 meeting minutes were included in the packet and noted he would be unable to attend the September 14 meeting. Council Member Butler stated he would attend. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner reported the next meeting would be held Tuesday, September 13 and she would not be in attendance. J-7b. Alaska Municipal League Report -- Swarner reported the Legislative Committee and Conference of Mayors met recently in Skagway. J-7c. Arctic Winter Games -- Frates reported the next meeting would be held September 8. J-7d. Stranded Gas Committee -- No report. ITEM K: REPORT OF THE MAYOR -- Mayor Porter noted a letter from Lydia Hayes of the Cook Inlet Tribal Council related to the development of a Native cultural center in Kenai. ITEM L: agreement. organized. ADMINISTRATION REPORTS City Manager -- Acting City Manager Kopp reported the following: ConocoPhillips had no objection to the council's change to the naming The Katmai Hotel renovation would begin in the very near future. The Industry Appreciation Day picnic was very well attended and well KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 10 • His intention is to have a capital improvement project draft list to council at the October 19 meeting and will provide for public hearings. • DOT was contacted regarding accurate mileage information on roadway signs and stated their willingness to work with the city. • The City has an extensive disaster plan and he distributed a summary of the plan to the council. He noted the importance of the council being familiar with the plan. • Approximately 18 applications had been received for the city manager position and are available for review in City Hall. • Reviewed a memorandum included in the packet from Finance Director Semmens related to the Public Employee Retirement System. No action was needed from council. • Referred to a memorandum included in the packet related to Acting City Manager pay for when Finance Director Semmens steps into that role. Because the salaries are so close in amount and in order to compensate for the additional responsibilities, etc., Kopp stated when he is out of the office for more than five days, he intended to pay a stipend of $500/week to Semmens. Council stated no objections. • He will be on leave to attend a police chief conference and during his absence, Semmens will be Acting Y g City Manager. Porter reported she was contacting other communities related to how absences are managed with commissions and committees. She stated she believed the current code requirement was too cumbersome and excused absences should be allowed. Porter suggested a different policy be developed. Porter also noted a municipality's advertisement for economic development which was included in an airline magazine. She stated she would be making some contacts related to cost, etc. L-2. Attorney -- No report. L-3. City Clerk -- No report. ITEM M: DISCUSSION M-1. Citizens -- None. M-2. Council Butler -- • Welcomed Student Representative Krusen and stated he appreciated the school's willingness to support the program. • Thanked Jankowska for her service to the city. KENAI CITY COUNCIL MEETING SEPTEMBER 7 2005 PAGE 11 Gilman -- No comments. Ross -- Absent. Massie -- Welcomed Krusen. Swarner -- • Welcomed Krusen • Wished Jankowska well. • Invited all to Food Bank benefit for America's First Harvest to assist in replenishing food supplies to the areas affected by Hurricane Katrina. Moore -- Welcomed Krusen and wished Jankowska good luck and good bye. Krusen -- Thanked the council for the opportunity in being a student representative and encouraged all to attend the Kenai Central High School football game on Friday evening. Krusen's principal, Allan Fields was thanked for his support of the program and his attendance to the meeting. EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 8 : 2 5 p.m. Minutes transcribed an prepared by: �,4-"e, Carol L. Freas, City Clerk APPROVED BY COUNCIL f �i o� TX C Tr' CLERIC