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HomeMy WebLinkAbout2004-03-17 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 17, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZwww.ci.kenai.ak.us CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A11 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 ITEM C: ITEM D: SCHEDULED PUBLIC COMMENTS (10 minutes) REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS PUBLIC HEARINGS 1. Resolution No. 2004-12 -- Awarding a Lease for One Fish Season (May 15, 2004 to September 30, 2004) of Kenai Dock Stations No. 2 8s 3 to R & J Seafood for the Seasonal Base Bid of $23,500 Plus $0.03/lb. Over 783,333 lbs. Plus $400 Per Month for a Special Use Permit for the Boat Storage Area. 2. Resolution No. 2004-13 -- Awarding a Janitorial Contract for the Kenai Municipal Airport. 3. Resolution No. 2004-14 -- Awarding a Prepaid Calling Card Machine/Internet Kiosk Concession for the Kenai Municipal Airport. 4. LIQUOR LICENSE RENEWALS -- PROTEST a. Alaskalanes, Inc., d/b/a Alaskalanes -- Recreational Site b. Sandra J. &Paul M. Vozar, d/b/a Old Town Village Restaurant -- Restaurant/Eating Place ITEM E: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention 8- Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games 1. ITEM H: ITEM I: 1. 2. 3. 0 ITEM X: 1. 2. 3. MINUTES *Regular Meeting of March 3, 2004. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Approval -- Lease Application/Rockwell G. Smith, d/b/a Preferred Plumbing 8v Heating, Lot 11, Etolin Subdivision No. 3. Approval -- Amendment to Lease/Roger Petrey &Linda Petrey d/b/a Wings Family Diner -- Space 21 Kenai Municipal Airport Terminal. REPORT OF THE MAYOR ADMINISTRATION REPORTS City Manager Attorney City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 17, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt : Z Z www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM 1: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:04 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. unT_T_ CtATT Roll was taken by the City Clerk. Present were: Joe Moore Blaine Gilman John J. Williams, Mayor James C. Bookey, III } Absent was: Pat Porter A- 3 . AGENDA APPROVAL Rick Ross Linda Swarner Mayor Williams requested the following changes to the agenda: ADD AS: B-1, Persons Scheduled to be Heard -- Kenai Peninsula Hockey Association Midget "U-16" Team SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 -- Addition of purchase order to Computer Doctors. ADD TO: K-1, Manager's Report -- Amendment to KPB Ordinance No. 2003-45 approved at 3/ 16/04 Assembly meeting. ADD AS: Information Item No. 6, Denali Commission Notice regarding infrastructure funding. ADD AS: Information Item No. 7, 3/ 18/04 KRSMA Advisory Board Meeting agenda and minutes of 2/ 19/04 meeting. MOTION: Council Member Bookey MOVED for approval of the amended agenda and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 2 A-4, CONSENT AGENDA MOTION: Council Member Bookey MOVED to approve the consent agenda as presented and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1, Kenai Peninsula Hockey Association Midget "U-16" Team Ward Bishop, Coach -- Noted the "U-16" team had won the Midget State Championship and would be traveling to Florida to play in the national championship. They will be one of 12 teams in their grouping to participate in the championship. Bishop introduced the members of the team and added their appreciation for the availability of the Kenai rink for much of their practice time. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Council Member Bookey reported he had been in Homer during the day where he was participating in a bluff erosion workshop. Assembly Member Glick was also attending and requested he report the aircraft flat tax ordinance was amended at the Assembly's March 16 meeting. The final hearing on the ordinance will be held on April 6. Bookey also reported the Fandel trespass ordinance was unanimously failed by the Assembly. ITEM D: PUBLIC HEARINGS D-1. Resolution No. 2004-12 -- Awarding a Lease for One Fish Season (May 15, 2004 to September 30, 2004) of Kenai Dock Stations No. 2 & 3 to R 8s J Seafood for the Seasonal Base Bid of $23,500 Plus $0.03/lb. Over 783,333 lbs. Plus $400 Per Month for a Special Use Permit for the Boat Storage Area. MOTION: Council Member Bookey MOVED to approve Resolution No. 2004-12 and Council Member Moore SECONDED the motion. There were no public comments. Council Member Moore stated his interest in knowing how many pounds had come over the dock last year. City Manager Snow noted, Public Works Manager Kornelis could provide the information, however he was absent from the meeting. Snow added, the bid amount was about the same as last CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 3 year's bid except the lawn mowing and restroom cleaning was deleted. Additionally, the contract was for a one-year term. VOTE: There were no objections. SO ORDERED D-2. Resolution No. 2004-13 -- Awarding a Janitorial Contract for the Kenai Municipal Airport. MOTION: Council Member Moore MOVED for approval of Resolution No. 2004-13 and Council Member Bookey SECONDED the motion. There were no public or council comments. VOTE: / Council Member Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. D-3, Resolution No. 2004-14 -- Awarding a Prepaid Calling Card Machine/Internet Kiosk Concession for the Kenai Municipal Airport. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2004-14 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, D-4. LIQUOR LICENSE RENEWALS -- PROTEST D-4a. Alaskalanes, Inc., d/ b / a Alaskalanes -- Recreational Site D-4b. Sandra J. & Paul M. Vozar, d/b/a Old Town Village Restaurant -- Restaurant/ Eating Place Clerk Freas reviewed information included in the packet and noted both parties were owing the borough in sales and/or property taxes and Alaskalanes was owing the city for lease payments, plus penalties and interest. � CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 4 MOTION: Council Member Swarner MOVED to direct the Clerk to send letters of protest to the Alcoholic Beverage Control Board on March 26 if amounts are not brought current from Alaskalanes, Inc. and Old Town Village Restaurant. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED, ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Council Member Swarner reviewed information from the meeting summary which was included in the packet. E-2. Airport Commission -- Council Member Moore reported the next meeting was scheduled for April 8, 2004. Williams noted the restaurant advertises to be open at 7:00 a.m., however he observed it was not open when he was recently there early in the . morning p g Airport Manager 1 Cronkhite reported the previous restaurant contract directed when it was required to f be open. However, the current contract did not include that directive because it may not be cost effective for the premise to be open at those times. She added, the restaurant did not have a large staff and the majority of the closings were due to illness. Cronkhite stated she would discuss the issue with the city attorney the next time the contract comes available. E-3. Harbor Commission -- Council Member Bookey reported the meeting summary was included in the packet. He added, he, Kornelis and two commissioners from Planning & Zoning and Harbor had attended a bluff erosion workshop in Homer. He gave a brief summary of the presentations made and indicated he would be returning to Homer to attend the second day of the workshop in the morning. Williams requested a joint work session of the Council and Harbor Commission be held on April 7 prior to the council meeting. He noted, the purpose of the work session would be to hear a presentation from representatives of Pacific Star Seafoods, Inc. relating to their plan to expand the operations at the Kenai Packers dock and premises. He noted, the Clerk will request a written outline of the plan from Pacific Star for the Council, Commission and administration to review prior to the work session. A work session was set for 5:30 p.m., Wednesday, April 7, 2004. A light meal is to be provided. E-4. Library Commission -- No report. -� CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 5 E-5. Parks & Recreation Commission -- Council Member Ross reported the meeting summary was included in the packet and reviewed items discussed, i.e. community gardens, appointment of a liaison to the Boys &. Girls Club Board of Directors; determined the Baron Park property (Dust Bowl) not needed for public use; and, recommended administration request proposals for a one -day -a -week flea market operation at the multipurpose facility during the summer. E-6. Planning & Zoning Commission -- Council Member Swarner reported she attended the Commission meeting and noted the minutes were included in the packet. She added, the Commission recommended approval of the Preferred Plumbing, discussed the adult -oriented business ordinance, and recommended the Baron Park property (dust bowl) not needed for public use. City Manager Snow reported the Commission's recommendation included Administration to investigate a development plan for the full parcel of the Baron Park property as they felt it was not appropriate to portion it out in small pieces. She added, Administration will proceed with the development plan (including how it would fit in the Comprehensive Plan) and report back to council at their April 7 meeting. She j requested council forward any ideas they may have to her. The discussion continued with these comments: • Bookey stated he did not want to piece this 27 acre parcel out and felt the development plan include access/egress and water/sewer information. He added, he personally would like to keep the property in one block as there could be need for a large parcel for future development. • Swarner stated she would need a lot of evidence to indicate why a small piece should be sold out of the large parcel. • Ross stated he would not want to sell a piece from the larger parcel unless it was part of a development plan. • Moore agreed with the discussion and requested a more detailed map with visual landmarks included in the April 7 report. • Williams stated any plan should include the ballpark; tent camping area; ingress/egress from the highway and the rear of the property; wetlands; and, the greenbelt. He added, he envisioned the property to be used for a major box store and was opposed to cutting one small piece from the large parcel. Airport Manager Cronkhite noted she was close to completing a Request for Proposals for a land use plan for the airport (which would be like a comprehensive plan) . Since the Baron Park property is airport lands, the proposal could address the concerns stated by council. She added, this land use plan would not be completed for several years, however. CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 6 Consensus of council was to not proceed with the requested sale and directed administration to do nothing at this time. Williams noted the letter of resignation from Commissioner Ron Goecke and requested a thank -you letter be prepared. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported there was no quorum for the scheduled March 9 meeting. E-7b. Kenai Convention & Visitors Bureau Board -- No report. E-7c. Alaska Municipal League Report -- Williams stated he planned to attend the AML spring meeting in Juneau in April. It was noted there had been no response from AML to the City's letter of invitation to hold the summer AML/Alaska Conference of Mayors meeting in Kenai. A copy of the recent state sales tax bill was distributed to council and a brief l discussion relating to the bill took place. Because of the effect a state sales tax would have on the ability for the city to levy its sales tax, administration was requested to do an analysis for council in the morning prior to the Finance Committee's teleconference. Also, because of the short amount of time to review, etc., council suggested the Peninsula delegation be contacted and asked to suggest action be held on the bill in order to allow municipalities, etc. to review the bill more closely and formulate opinions. Snow stated she had been contacted by Senator Wagoner who requested an opinion from council. Council indicated they wanted the Legislature to "wait" on their action. Swarner suggested council email their concerns to Senator Wagoner and their suggestion to "wait" as well. E-7d. Kenai Chamber of Commerce -- Tim Navarre, Chamber President reported the following items: • The economic development strategy group will hold an all -day session on April 3. The process is progressing very well. • Harold Heinze spoke at the Chamber meeting regarding natural gas concerns. The Chamber will try to be more active on oil and gas issues, including the gas pipeline discussions. • He met with the lessees of the airport cafe regarding the Chamber selling pull tabs in the facility. He noted, the pull tabs would be sold in a positive manner, along with magazines, sodas, coffee, etc. Navarre added, he believed this would be beneficial to the Chamber and community through the traveling public. • He noted, if a state sales tax is established, emphasis should be made with regard to the borough continuing collection for the Peninsula which would protect many jobs at the borough level now involved in sales tax collection. CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 7 D-7e. Arctic Winter Games -- Council Member Moore noted several past meeting minutes were included in the packet for council review. Council Member Bookey gave a brief report on his participation at the recent Arctic Winter Games in Wood Buffalo, Alberta, Canada, noting he planned to make a presentation at the council's April 7 meeting. The Games committee would meet again on March 25. Williams referred back to the Parks 8. Recreation Commission portion of the agenda and noted an application for placement on the Commission from Ryan Mills was included in the packet. Williams stated his recommendation for Mills' appointment due to his employment and knowledge and familiarity of the cemetery. Council had no objections. ITEM F: F-11 ITEM G: ITEM H: ITEM I: MINUTES Regular Meeting of March 3, 2004 -- Approved by consent agenda. CORRESPONDENCE -- None. OLD BUSINESS -- None. NEW BUSINESS I-11 Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills. 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 for approval of the substitute list of purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion. Finance Director Semmens noted the substitute list included increasing funds to the current purchase order for Computer Doctors which should encompass costs for another year. He explained, Computer Doctors handles repair work and minor CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 8 problems. Semmens also reported the costs to both computer technician companies the city uses is less than $15,000 a year. VOTE: There were no objections. SO ORDERED, I-3, Approval -- Lease Application/Rockwell G. Smith, d/b/a Preferred Plumbing Heating, Lot 11, Etolin Subdivision No. 3. Administration had no additional information or comments other than what was included in the packet. MOTION: Council Member Bookey MOVED for approval the lease application to Rockwell G. Smith, d / b / a Preferred Plumbing 8s Heating, Lot 11, Etolin Subdivision No. 3. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED, I-4. Approval -- Amendment to Lease/Roger Petrey 8v Linda Petrey d/b/a Wings Family Diner -- Space 21 Kenai Municipal Airport Terminal. MOTION: Council Member Gilman MOVED to approve the amendment to lease. The motion died due to a lack of a second. ITEM J: REPORT OF THE MAYOR -- Mayor Williams reported the following: • He attended a meeting with University of Alaska President Hamilton at which the plan for dormitory space was discussed, among other issues. 0 He gave a brief overview of his meetings with the congressional delegation relating to the bluff erosion/restoration project (the project needs to be "authorized" by Congress), North Road extension to Pt. Possession, etc. during his recent trip to Washington, DC to attend the NLC Congressional Cities Conference. He also met with representatives from HUD regarding the "difficult to develop" designation. He reviewed the cost and time line information relating to the bluff erosion/restoration project which was included in the packet. ITEM K: ADMINISTRATION REPORTS K-10 City Manager -- City Manager Snow reported the following: 0 Referring to a memorandum regarding the Baron Park purchase request she noted Council gave direction earlier in the meeting. { CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 9 • The department head reports were included in the packet. She noted the Parks & Recreation report discussed a $20.00 fee was planned to be charged for community garden plots, and the Parks & Recreation Commission recommended the fee waived or an exemption granted to seniors. Snow added, she wanted council to be aware the estimated cost for maintaining the community garden area would not be covered by the fees collected. • A memorandum regarding amendments made to the Borough Ordinance No. 2003-45 relating to an aircraft flat tax was added to the agenda. Finance Director Semmens reviewed the ordinance and amendments with council. He added, with the City's investments of the float plane basin and airport, and because of the loss of taxes due to owners moving their aircraft from the airport in order to not pay taxes on the equipment, he believed it would be economically good for the city to support the ordinance -and if it passes, to bring a similar ordinance to council for consideration. Semmens requested authorization from council to attend the April 6, 2004 Borough Assembly meeting and testify in support of the ordinance. A lengthy discussion followed in which council noted comments, including: • Through the years there has been a desire expressed to have a tax structure equal to the Borough, however, if this ordinance is passed, the council will need to consider amending the city code so not to double tax the aircraft owners. • Though there will be approximately $7,000 less tax income to the city through the borough ordinance, the possibility of new businesses coming into the city to service airport operations will make up for the loss as well as the number of aircraft that could be brought back into the city and borough. • Wait until it is known whether the Borough ordinance is passes before council begins discussing changing its code to a similar taxing structure. • Be aware there may be others who will come forward for similar tax rate changes. • A $100,000 exemption was suggested for any changes made to the city code. Williams stated he understood it was council's consensus to authorize Finance Director Semmens to testify for the City of Kenai in support of Borough Ordinance No. 2003-45. There were no objections stated by council. Williams noted the letter of request for donations from the KCHS After -Prom Committee included in the packet. It was noted, there were no funds included in the Legislative budget for a donation and their use of the Recreation Center is included in the city's agreement with Boys & Girls Club. K-2. Attorney -- City Attorney Graves noted the adult entertainment ordinance was progressing through Planning 8v Zoning who would be holding a public , CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 10 hearing on their resolution on April 28. He expected the ordinance to be before council in early May. K-3-, City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens Tim Navarre -- Stated his disappointment there was no support for the motion to amend the Wings Cafe lease at the airport and no discussion on the issue. Comments were offered by council individually and included: • Ross stated he would not support selling pull tabs for the Chamber or any other group as allowing the selling of pull tabs by one group would then open the ability for any of the businesses to do the same. • Bookey stated he had a philosophical objection in allowing pull tab activities taking place in any city building as he did not feel they are appropriate places for this activity. • Moore stated he had a financial conflict to the issue. • Swarner stated she did not feel it was the best use of the space at the airport. • Gilman stated he supported the activity. • Williams stated he had been out of town. L-2. Council Bookey -- No comments. Swarner -- Reported the following: • Visited the Kenai Landing facility and heard positive remarks from the owner relating to working with Administration and doing business in Kenai. • She has been invited to be a judge for the "Caring for the Kenai" contest as she has done for several years. In the past, the city has donated a gift certificate to the Teen Center for the entrant representing a project pertaining to Kenai. She added, it was suggested the Mayor give the person a certificate and take him/her to lunch. • She will be attending Healthy Communities steering committee meetings as a representative from the Food Bank and as the city's representative. The next meeting is April 1. Moore -- Thanked council for the K.P. H.A. team's reception at the council meeting. CITY COUNCIL MEETING MINUTES MARCH 17, 2004 PAGE 11 Gilman -- Noted he would attend the Senate Finance teleconference hearing regarding a state sales tax and testify the bill should at least include a cap to allow municipalities to impose a cap. Attorney Graves added, in his review of the bill, it would control the city's ability to levy sales tax, especially with a cap. Williams stated he believed the state sales tax would be very unfair to all municipalities in the state. Ross -- Congratulated Council Member Moore for his causing the city's support of the KPHA team. Williams -- Reported he had heard discussions in Washington, DC and at the borough level relating to the development of a gold mine on the lower peninsula. He noted, it could be the largest single project in the borough and a great deal of the needed infrastructure to support the project will be located in the Peninsula. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT 1 The meeting adjourned at approximately 10:13 p.m. 1 Minutes transcribed and prepared by: Carol L. Freas, City Clerk r