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HomeMy WebLinkAbout2004-01-21 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 21, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us 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. Cliff Hustead, Assistant Chief, Consultation and Training, Alaska OSHA -- Presentation of SHARP Award. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2032-2004 -- 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. 2. Resolution No. 2004-03 -- Confirming the Assessment Roll on the Pillars Improvement Special Assessment District. 3. Resolution No. 2004-04 -- Confirming the Assessment Roll on the Toyon Way Improvement Special Assessment District. 4. Resolution No. 2004-05 -- Confirming the Assessment Roll on the Schooner Circle Improvement Special Assessment District. 5. Resolution No. 2004-06 -- Confirming the Assessment Roll on the Basin View Improvement Special Assessment District. 6. Resolution No. 2004-07 -- Transferring $5,400 From the General Fund Contingency Account to the Street Lighting Repair and Maintenance Account. 7. Continuance of Liquor License -- PROTEST -- Kenai Joe's Bar/ Beverage Dispensary. 8. *Liquor License/New Permit -- Kenai Landing/ Beverage Dispensary Tourism ITEM E: COMMISSION/ COMMITTEE REPORTS I. 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. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games ITEM F: 1. ITEM G: ITEM H: ITEM I: MINUTES *Regular Meeting of January 7, 2004. CORRESPONDENCE OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2033-2004 -- Increasing Estimated Revenues and Appropriations by $45,000 and Making a Transfer of $5,000 in the General Fund for A FEMA Fire Act Grant From the U.S. Fire Administration (USFA) for Mobile Repeaters for City Emergency Vehicles. 4. Approval -- Commission/Committee Reappointments 5. Discussion -- Commission/Committee Meeting Schedule 6. Discussion -- Park -Naming Policy ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTR.ATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JANUARY 21, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt : w-ww.ci.kenai.ak.us JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1, PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2, ROLL CALL Roll was taken by the City Clerk. Present were: John J. Williams, Mayor Jim Bookey, Vice Mayor Linda Swarner Joe Moore Blaine Gilman Absent were: Rick Ross and Pat Porter A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: D-5, Resolution No. 2004-06 -- Confirming the Assessment Roll on the Basin View Improvement Special Assessment District -- 1 / 21 / 04 letter from Margaret Dolchok regarding Parcel No. 4926129. Map of road paved and code information relating to property assessed. ADD TO: Information Item 7 -- Map showing proposed lands in referred to Senate Bill 190 KRSMA and map indicating the two properties situated in the Kenai city limits. ADD AS: Information Item 8 -- Department of Community & Economic Development letter stating FY 05 population determination. MOTION: 1 Councilman Bookey MOVED to approve the amended agenda and Council Member � Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 2 A-4, CONSENT AGENDA MOTION: Council Member Bookey 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 B-1, Cliff Hustead, Assistant Chief, Consultation and Training, Alaska OSHA -- Presentation of SHARP Award. Mr. Hustead presented the 2004 Alaska Occupational Safety and Health (AKOSH) Safety and Health Achievement Recognition Program (SHARP) award to Public Works Manager Kornelis and Fred Macvie. It was noted this was the third year the award has been presented; only one award is given during the year; and, the City's Waste Water Treatment Plant had received the award for those three years. Finance Director Semmens added, the receipt of the award affects the City's Workers' Compensation rates. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Betty Glick reviewed actions taken at the January 20, 2004 Borough Assembly meeting. She noted in particular, two additional hearings were added for the aircraft flat tax ordinance to allow for Assembly Member Chay to meet and discuss the issue further with representatives from commercial and non- commercial aircraft owners and representatives of the Peninsula communities who will be affected by the proposed tax change. ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 2032-2004 -- 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. MOTION: Council Member Bookey MOVED to adopt Ordinance No. 2032-2004 and Council Member Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 3 There were no public comments. Council Member Swarner noted, this is a pass - through grant which the city administers, but receives no compensation for doing so. VOTE: Ross Absent Williams Yes Booke Yes Swarner Yes Moore Yes Porter Absent Gilman Yes MOTION PASSED UNANIMOUSLY. D-2. Resolution No. 2004-03 -- Confirming the Assessment Roll on the Pillars Improvement Special Assessment District. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2004-03 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-3, Resolution No. 2004-04 -- Confirming the Assessment Roll on the Toyon Way Improvement Special Assessment District. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2004-04 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-4. Resolution No. 2004-05 -- Confirming the Assessment Roll on the Schooner Circle Improvement Special Assessment District. MOTION: -\ KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 4 Council Member Bookey MOVED for approval of Resolution No. 2004-05 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED, D-5, Resolution No. 2004-06 -- Confirming the Assessment Roll on the Basin View Improvement Special Assessment District. MOTION: Council Member Moore MOVED for approval of Resolution No. 2004-06 and Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. Rusty Huff -- Stated he was representing Margaret Dolchok, 700 Dolchok Lane (Lot 2, Block 5) . Huff explained the property is situated at the end of Dolchok Lane, which is officially plated as a cul-de-sac ending at the Dolchok property line. He noted the following: • The cul-de-sac/ street area to the Dolchok property has been treated as a driveway for many years and not maintained by the city. • The upgrading of the roadway, with excavation, etc. did not extend to the platted cul-de-sac and that portion (currently used as a driveway) was not widened to street width and was graveled over and paved. • The gravel pit property adjacent to the Dolchok property, was backfilled and the grade is higher than the street and he believes additional runoff problems affecting the Dolchok property will occur in the spring. 0 He believed the road work is substandard on that portion of the project. 0 The project design was stated in the continuing resolution to include culverts, drainage, etc. Public Works Manager Kornelis reported the issue was discussed at a public hearing and it was decided the project would include paving a narrow road to the Dolchok driveway. He added, the improvement to Dolchok Lane benefited all the properties. Bill Nelson, Project Engineer -- Nelson confirmed the narrow roadway to the Dolchok property was not excavated but was overlaid with gravel. Because of a hill and overhead power line situated in that area, it had been decided to stop the excavation at the crest of the hill because of the large additional cost that would have been KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 5 involved had the hill been excavated and the overhead power line moved. Additionally, he understood it was not desired to have a large street come right to the front door of the Dolchok home. Discussion followed in which it was learned it was an oversight of the city not to have been maintaining the area now treated as a driveway since it is part of a city street and it would now be maintained and corrections can be made for drainage. Nelson also noted the project did not include any change of the drainage pattern, although a problem could have been caused when the gravel pit was backfilled. He added, drainage was outside of the scope of the project. A break was requested to review the petition document and learn if Dolchok had signed the petition. BREAK TAKEN: 8:01 P.M. BACK TO ORDER: 8:17 P.M. It was noted Margaret Dolchok did not sign the petition. When asked what type of relief Huff was seeking for Dolchok, he suggested correcting the expected drainage problem and deleting the assessment for Dolchok. Bookey stated he agreed there were problems with the project and assessment for Dolchok, but felt there was some good made available to her property from the project. Huff stated he felt that would be fair. MOTION TO AMEND: Council Member Bookey MOVED to reduce the assessment for the Margaret Dolchok property by two-thirds (or $790 as the Dolchok share and the city's share changed to $1,580), the city maintain the road, and the city rectify the drainage problem. Council Member Swarner SECONDED the motion. VOTE: Ross Absent Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Absent Gilman Yes MOTION PASSED UNANIMOUSLY. There were no further comments. VOTE ON MAIN AMENDED MOTION: KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 6 Ross Absent Williams Yes Booke Yes Swarner Yes Moore Yes Porter Absent Gilman Yes MOTION PASSED UNANIMOUSLY. D-6, Resolution No. 2004-07 -- Transferring $5,400 From the General Fund Contingency Account to the Street Lighting Repair and Maintenance Account. MOTION: Council Member Moore MOVED to approve Resolution No. 2004-07 and Council Member Swarner SECONDED the motion. There were no public comments. Public Works Manager Kornelis explained the increase in funds was necessary because HEA was no longer maintaining wood pole lights. A brief discussion took place relating to companies available to do the work. City Manager Snow reported several companies were contacted; only two firms have a boom truck which is necessary to do the work; one company's price is higher than the other; and both companies will have people available to do the work when needed. VOTE: Ross Absent Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Absent Gilman Yes MOTION PASSED UNANIMOUSLY. D-7. Continuance of Liquor License -- PROTEST -- Kenai Joe's Bar/Beverage Dispensary. Clerk Freas referred to a memorandum included in the packet which explained, according to Kenai Municipal Code, obligations to the city must be protested by council and obligations to the city include any to the Borough. She noted, this license is current with the city, however is owing taxes to the Borough. Freas requested a motion from council to forward a letter protesting the continued operation of this license if accounts are not brought current by January 30, 2004. MOTION: KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 7 Council Member Swarner MOVED to direct the City Clerk to send a letter protesting the continued operation of the liquor license if accounts are not current by January 30, 2004 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED, D-8, Liquor License/New Permit -- Kenai Landing/Beverage Dispensary Tourism Approved by consent agenda. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging -- Council Member Swarner noted the meeting summary was included in the packet and a work session had been scheduled for February 5, 2004 at 10:00 a.m. at the Senior Center. E-2, Airport Commission -- Council Member Moore reported the next meeting was scheduled for February 12. Airport Manager Cronkhite gave a report regarding the Transportation Safety Administration's (TSA) adding the Homer, Valdez and Kenai airports to those requiring baggage and passenger screening by TSA. She noted a scanning machine had been placed in the airport terminal and an engineering firm will assist in designing modifications to make room for the equipment, etc., costs for which will be borne by the TSA. Cronkhite noted, the baggage screening will begin over the weekend. Additionally, the TSA has stated they will hire locally eight to ten employees and will rent office space for the agents in the terminal at the going rate. Mayor Williams also noted the Coast Guard will add six high speed boats for protecting the Cook Inlet. E-3 9 Harbor Commission -- Council Member Bookey, referring to the meeting summary included in the packet, reported a meeting was held on January 12 at which an election of officers was held. Tommy Thompson was elected Chair and Barry Eldridge was elected Vice Chair. He added, the Commission heard a presentation from representatives of the Police, Fire, and Parks 8, Recreation Departments relating to the dip net fishery. The Commission made recommendations relating to fee stations, installation of a permanent restroom facility; camp fire restrictions; raising walkways above the dunes, etc. E-4. Library Commission -- Council Member Gilman reported he would be out of town and not able to attend the February 3 meeting. Council Member Moore stated he would attend the meeting. l E-5. Parks 8s Recreation Commission -- Parks &Recreation Director Frates � reported the meeting summary was included in the packet. He noted the Commission l KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 8 made a recommendation relating to the parks -naming policy and requested a special meeting in February to further discuss potential upgrades to the multipurpose facility relating to the Arctic Winter Games use. Clerk Freas reported the special meeting had been scheduled for February 5 beginning at 7:00 p.m. in the council chambers. E-6. Planning & Zoning Commission -- Council Member Bookey reported he attended the January 14 meeting. During the meeting Carl Glick was elected Chair and Phil Bryson was elected Vice Chair. Bookey gave a summary of other discussions and actions taken. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held in February. E-7b. Kenai Convention & Visitors Bureau Board -- No report. E-7c. Alaska Municipal League Report -- Mayor Williams reported he would be attending the Alaska Conference of Mayors meeting in Juneau, January 26 and 27. Council Member Swarner noted the Lands and Economic Development Committee teleconference schedule. E-7d. Kenai Chamber of Commerce -- Chamber President Tim Navarre gave a brief update of Chamber activities including concerns of gaming changes, the first meeting of the Economic Development Study Group to meet January 26, and an invitation to have one police officer attend weekly Chamber luncheons. E-7e. Arctic Winter Games -- Parks & Recreation Director Frates reported he attended the last meeting at which potential scheduling problems between the Games and the state high school basketball tournament was discussed. The issue was referred to a subcommittee to discuss further. BREAK TAKEN: 9:04 P.M. BACK TO ORDER: 9 :40 P.M* ITEM F: MINUTES F-1. Regular Meeting of January 7, 2004 -- Approved by consent agenda. ITEM G: CORRESPONDENCE -- None. ITEM H: OLD BUSINESS -- None. ITEM I: NEW BUSINESS KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 9 I-1. Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey 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 Bookey MOVED to approve the purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. When asked the last time the price of fuel was bid, Public Works Manager La Shot stated it had been three years ago and it was planned to go to bid again before July. / VOTE: There were no objections. SO ORDERED, I-3. Ordinance No. 2033-2004 -- Increasing Estimated Revenues and Appropriations by $45,000 and Making a Transfer of $5,000 in the General Fund for A FEMA Fire Act Grant From the U.S. Fire Administration (USFA) for Mobile Repeaters for City Emergency Vehicles. Introduced by consent agenda. I-4. Approval -- Commission/Committee Reappointments Upon review of the list included in the packet and adding additional names who had agreed to serve another term, council directed that all who had indicated they wanted to continue to be reappointed. I-5. Discussion -- Commission/Committee Meeting Schedule A brief discussion took place in which it was noted concerns expressed by commission and committee members relating to the bi-monthly meeting schedule included feeling disenfranchised and, at the same time, concerned with the larger agendas when some do meet. It was also noted, the commissions had been able to add special meetings when the request was deemed necessary and appropriate. Council reviewed estimated cost information for contract secretarial services which was included in the packet. KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 10 Council chose to keep the bi-monthly schedule at this time and discuss the issue further during budget preparation. I-6. Discussion -- Park -Naming Policy Council reviewed the draft policy which was included in the packet. It was noted the Parks & Recreation Commission had recommended approval of the policy with one amendment, i.e. removing the last paragraph of Item 1. A brief discussion followed in which consensus of council was the draft guidelines were more than they felt was necessary because it was felt each request would probably have to be reviewed and weighed on its own merits. However, they agreed the procedure was sufficient, i.e. a written request submitted to the City Clerk, the request forwarded to the Parks & Recreation Commission for review and recommendation, upon the Commission's recommendation, the request forwarded to council for consideration. ITEM J: REPORT OF THE MAYOR -- Mayor Williams noted the following: • He would be attending the Alaska Conference of Mayors meeting in Juneau, January 26 and 27. • He will be unavailable for the February 18 meeting and Vice Mayor Bookey will conduct the meeting. • He will travel to Washington, DC March 5-12, 2004 to attend the NLC Conference of Cities and to meet with the congressional delegation. • Referring to the letter of invitation to a Coastal Dynamics Workshop in Homer, March 17-18, 2004, it was agreed the following persons would attend to represent the City: Council Member Bookey Planning 8v Zoning Commissioners Glick and Eldridge Staff representative Mayor Williams (March 18 only) • Reminded all of the Chamber of Commerce Awards reception scheduled for Saturday, January 24. ITEM K: ADMINISTRATION REPORTS K-1, City Manager -- City Manager Snow noted the following items: • The department head reports were included in the packet and called attention to the budget calendar which was included. • In March, 2003, council passed an ordinance to allow eligible employees to retire within the PERS program and be re-employed, opting out of PERS at that time. Two employees were taking advantage of the program, i.e. Keith Kornelis and Scott Walden. KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 11 Council Member Swarner stated she would be asking when prices were compared a lot during budget discussions. She referred to an email message to Snow asking how often the city has done street maintenance which is the state's responsibility. Snow stated they were reviewing the question and gathering the information and it would be forwarded to council. Swarner suggested the information should be available to take to Juneau. • A suggestion of applying to the Denali Commission for funding for purchase of some equipment was received from Council Member Swarner. In discussing it with a representative from the Commission, she learned purchases for municipalities had not now and never been something they considered. Council Member Bookey noted his concern the city is clearing the sidewalks along the Spur Highway and that in doing so, could be expected by the state to continue doing the work. A discussion followed relating to pre -budget preparation, revenue stream information, how legislative actions may affect the city budget, a possible employee cost of living allowance raise, etc. Council Member Gilman suggested revisiting the city's tax structure to find a way to raise additional revenue, including lowering the mill rate by one mill, but increasing the sales tax rate to six percent and eliminate personal property tax. Concerns were expressed that if a state sales tax is instituted it would compound the problem. Finance Director Semmens suggested council should discuss a change in tax rates no later than the second February meeting. He added, he was working on the assumption there would be no change in the current tax levels and working within those parameters insofar as budget preparation was proceeding. K-2. Attorney -- City Attorney Graves reported he would attend a work session scheduled for after the Planning 8. Zoning Commission meeting of February 11 to discuss the draft adult entertainment ordinance. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens -- None. L-2. Council -- Bookey -- Requested an update relating to the printing of the city's Comprehensive Plan. It was reported the printing was on hold until after it is approved by the Borough Planning Commission and then the Assembly. KENAI CITY COUNCIL MEETING JANUARY 21, 2004 PAGE 12 Swarner -- Stated she liked the color airport enplanement report and suggested she would also like to attend the NLC conference in Washington, DC. It was noted the Legislative budget included funds for only one member of council to attend. Moore -- Requested the dip net fishery report be placed on a council agenda for council's discussion. He also asked if the snow had been removed from the multipurpose facility roof and Frates reported it was a work in progress. Gilman -- Stated he would not be in attendance at the February 4 meeting. He also suggested the city bring forward a resolution supporting SB247 relating to the gas pipeline. Clerk Freas stated she could have one prepared for the next packet. Williams -- Noted the following: • Enplanements were down on a five-year average. • Requested packets of information relating to the bluff restoration project be prepared for him to take to Washington, DC to distribute to the congressional delegation with all the latest reports, etc. included. He also requested a picture of the bluff erosion be placed on the front of the information. • He will discuss with the congressional delegation the bluff restoration project, Tri-borough Transportation Authority funding, and changes in the HUD definition of the Kenai Peninsula as a "difficult to develop area" noting he believed the administrative change was arbitrary. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 11:15 p.m. Minutes transcribed and repared by: Carol L. Freas, City Clerk X'fly CPJ 51�yl� i• . i1�1 A�4` 7{ a C