HomeMy WebLinkAbout2004-07-07 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 7, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
1 ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
1
ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F: PUBLIC HEARINGS
1. Ordinance No. 2050-2004 -- Amending KMC 1.90.050(b) to Change the
Time Period for Allowed Absences for Commissions and Committees
From Six Months to Three Months.
2. Ordinance No. 2051-2004 -- Increasing Estimated Revenues and
Appropriations by $103,060 in the Police Department for a Homeland
Security Grant to Purchase Equipment.
3. Ordinance No. 2052-2004 -- Adopting KMC 13.40.055 to Require
Minors Under Eighteen (18) Years Old to Wear a Properly Fitted and
Fastened, Certified, Protective Helmet While Riding Bicycles and Other
Similar Vehicles in Public Access Areas, and Imposing a Fine for
Violation of These Requirements.
4. Ordinance No. 2053-2004 -- Amending the Land Use Table in KMC
14.22.010 to Provide That FAA Authorized Uses are Allowed in the
Conservation Zone for those Properties Contained Inside the Airport
Perimeter Fence or Having Access to Aircraft Movement Areas, Ramps,
Taxiway or Parking Aprons.
5. Resolution No. 2004-36 -- Awarding the Bid to Russ's Construction Co.
for Kenai Recreation Center Wood Gym Floor Repair/ Refinish - 2004 for
the Total Amount of $11 ,338.32.
6. Resolution No. 2004-37 -- Awarding a Contract to Terex Utilities West
for a 2004 or Newer Bucket Truck F550 Extended Cab 4X4 XL for the
Total Amount of $76,105.
7. Resolution No. 2004-38 -- Transferring $4,500 From Legal Department
Professional Services to Salary and Benefits to Hire a Part -Time Code
Enforcement Officer.
8. Resolution No. 2004-39 -- Supporting the Development of an Assisted
Living Facility in the City of Kenai and Providing Services to Assist in the
Selection and Acquisition of Suitable Land for the Facility.
9. *Liquor License Renewal -- Pizza Hut #9, Restaurant/ Eating Place.
ITEM G: MINUTES
1. *Regular Meeting of June 16, 2004.
ITEM H: OLD BUSINESS
1. Discussion -- Lawton Acres/Preliminary Plat.
ITEM I:
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 2054-2004 -- An Ordinance of the Council of the City of
Kenai, Alaska Increasing Estimated Revenues and Appropriations by
$7,420 for a State of Alaska Highway Safety Grant for Equipment.
4. *Ordinance No. 2055-2004 -- Increasing Estimated Revenues and
Appropriations by $56,105 to Replace the Police Records Management
System.
5. Approval -- Lease Application/Cliff R. Everts d/b/a Everts Air Fuel, Inc. -
- Proposed Parcel on North Willow Street.
6. Discussion -- Schedule Board of Adjustment Hearing/Appeal of Planning
8s Zoning Commission Denial of PZ04-20 -- An application for an
Encroachment Permit for a two -foot side yard set back for the property
known as Lot 8, Ruby's Dazzling Scenic View Subdivision (1402 Barabara
Drive), Kenai, Alaska. Appeal submitted by Thomas Wright, Sharalyn
Wright, Sara Wright and John Luick.
ITEM J: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8. Recreation Commission
6. Planning 8. Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
C. Arctic Winter Games
d. Stranded Gas Committee
ITEM K:
ITEM L:
REPORT OF THE MAYOR
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 7, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt www.ci.kenai.ak.us
MAYOR 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-20
unT.T. r_oT.T.
Roll was taken by the City Clerk.
Joe Moore Pat Porter
1 Blaine Gilman Rick Ross
Mayor John J. Williams Vice Mayor James
Y y C. Bookey, III
Linda Swarner
A-3. AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
CORRECT: I-6 -- Title should read "Schedule Board of Adjustment
Hearing/Appeal of Planning & Zoning Commission
[DENIAL] Approval of PZ04-20.
SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 -- Addition
Of purchase order to Wince-Corthell-Bryson for $9,280.00.
MOTION:
Council Member Bookey MOVED to approve the agenda as amended and Council
Member Swarner SECONDED the motion. There were no objections. SO ORDERED,
A-4, CONSENT AGENDA
MOTION:
KENAI CITY COUNCIL MEETING
JULY 71 2004
PAGE 2
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 -- None.
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None.
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
-- None.
ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
Kenai Chamber of Commerce -- Chamber President Tim Navarre reported the
following:
• The Fourth of July festivities were very successful and he thanked the
Police, Fire, and Parks 8. Recreation Departments for their participation.
• The Chamber has hired Sue Carter as its Interim Executive Director until
a replacement is found.
• The Chamber is continuing discussions with the Visitors Center on the
possibility of combining their efforts.
• Federal Express' efforts in moving their business in Kenai ran into some
difficulties and it was learned they were looking out of the city for rental space. He
noted, he would be getting in touch with their representatives to urge their staying in
Kenai. It was also noted, the Airport Manager was working with Federal Express and
a private party in Kenai as well.
Kenai Convention 8s Visitors Bureau Board -- Council Member Porter reported a
meeting was held June 28 at which the beautification of the building was discussed
and their 501(3) (c) application.
ITEM F. PUBLIC HEARINGS
F-1. Ordinance No. 2050-2004 -- Amending KMC 1.90.050(b) to Change the
Time Period for Allowed Absences for Commissions and Committees
From Six Months to Three Months.
MOTION:
Council Member Porter MOVED for approval of Ordinance No. 20510-2004 and
Council Member Moore SECONDED the motion.
KENAI CITY COUNCIL MEETING
-�JULY 72 2004
PAGE 3
There were no public or council comments.
VOTE:
Moore
Yes
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
Yes
Bookey
Yes
Swarner
Yes
't
I
MOTION PASSED UNANIMOUSLY.
F-2. Ordinance No. 2051-2004 -- Increasing Estimated Revenues and
Appropriations by $103,060 in the Police Department for a Homeland
Security Grant to Purchase Equipment.
MOTION:
Council Member Bookey MOVED for adoption of Ordinance No. 2051-2004 and
Council Member Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
Moore
Yes
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
Yes
Bookey
Yes
Swarner
Yes
MOTION PASSED UNANIMOUSLY.
F-3. Ordinance No. 2052-2004 -- Adopting KMC 13.40.055 to Require
Minors Under Eighteen (18) Years Old to Wear a Properly Fitted and
Fastened, Certified, Protective Helmet While Riding Bicycles and Other
Similar Vehicles in Public Access Areas, and Imposing a Fine for
Violation of These Requirements.
MOTION:
Council Member Porter MOVED for approval of Ordinance No. 2052-2004 and Council
Member Moore SECONDED the motion.
Richard Warrington, Brain Injury Awareness Support Group -- Stated his support
of the ordinance and encouraged its passage.
KENAI CITY COUNCIL MEETING
JULY 7, 2004
PAGE 4
Jane Fellman, Central Peninsula General Hospital/Safe Kids Program -- Stated
her support of the ordinance, however she felt the ordinance must be enforced even
though there have been educational and environmental improvements.
Council Member Ross referred to a Fellman's comment relating to "rigorous
enforcement" and noted, previous testimony of the Police Chief revealed the city's
enforcement would not fit the "rigorous enforcement" definition. He also referred to
information included in the packet which discussed "...stronger push for voluntary
usage than for passing new helmet laws..." and noted the information was from the
Bicycle Helmet Safety Institute. Ross asked if Fellman had any statistics that would
say that a stronger push for voluntary usage over a helmet law that may not be
rigorously enforced is not the direction to take. Fellman answered no and stated, she
believed that was a starting point, but there is not a good helmet usage in the area
and there needs to be more community buy -in and usage. She added, she felt
education is the key.
Ross also noted the packet information referred to an Ohio city which adopted a
resolution encouraging the use of helmets and development of educational programs
for helmet safety. He noted, the resolution also provided the authority for officers to
"wave over" minor cyclists who are not using protective head gear, though no fines or
other deterrents are permissible because it is not an ordinance. He asked if Fellman if
she felt a resolution would be less effective than an ordinance that is not enforced.
Fellman stated, it would take funding, community involvement, and a buy -in from the
emergency and law enforcement agencies to make it work.
Council Member Moore asked her reaction if the ordinance was for persons under the
age of 16 instead of 18 and Fellman stated it would be acceptable but she would prefer
the age 18. Police Chief Kopp stated the Kenai Police and Fire Departments already
have five active educational programs.
Ross asked Fellman if she felt the helmet law should apply to people using ice skates
as well and Fellman answered yes. Williams stated he did not envision rigorous
enforcement, but enforcement. He did not think a resolution would be good enough.
Williams stated he would support the ordinance.
Roy Wells, Kenai -- Stated he supported the ordinance; liked the 'first offense'
warning; suggested placement of signs along the bike path that a helmet law is
applicable; and thinks children wearing helmets will hold their parents accountable to
also wear helments.
Tim Navarre, Kenai -- Stated, if the ordinance cannot be enforced, it should not be
passed and did not support the ordinance. Navarre suggested placement of signs,
1 public awareness, etc. tried first and then, after a year or so, bring on the ordinance.
KENAI CITY COUNCIL MEETING
... JULY 72 2004
PAGE 5
Nolan Compton, Kenai -- Stated he supports the ordinance and believed it would
allow the community to enforce the program. If an ordinance is passed in Kenai, it
could influence other communities to do the same.
Mary Warrington, Brain Injury Support Group, Kenai -- Stated her support of the
ordinance and believed a helmet law is more important than other social laws.
Richard Warrington, Kenai -- Noted the Soldotna City Council would be discussing a
helmet ordinance after the Kenai City Council.
Council Member Bookey stated he did not support the ordinance; believed a helmet
law should be legislated by the state; suggested passing a resolution much like the one
discussed in the packet information; does not want to have an ordinance that cannot
be enforced; and suggested working with the area legislators to bring the discussion
forward at the state level.
Council Member Swarner stated her support of the ordinance and stated she believed
the ordinance would give teeth to what the Police and parents can do; believes signing
a great idea; and would be agreeable to changing the age from 18 to 16.
Council Member Moore stated he did not disagree with any comments made and
would support the ordinance.
MOTION TO AMEND:
Council Member Moore MOVED to amend the ordinance, and change the wording
from "... any person under eighteen (18) years..." to sixteen (16) years of age. Council
Member Porter SECONDED the motion.
Moore noted, the majority of the comments made during the evening suggested the
wording be age sixteen. Swarner noted, the council were taking the lead, like the
smoking ordinance.
VOTE ON AMENDMENT:
Moore
Yes
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
No
Bookey
Yes
Swarner
Yes
MOTION PASSED.
Discussion continued. Porter stated she had received two comments against the
ordinance; noted 34 states have helmet laws; in California it is mandatory; thinks a
' resolution would be good to have for a year or two and then go forward with an
KENAI CITY COUNCIL MEETING
JULY 71 2004
PAGE 6
ordinance after the public is education; thinks something needs to be done; feels it's
the city's responsibility; and, favored a strong resolution.
Council Member Gilman stated he believed it the parental responsibility to ensure
helmets are worn and believed there would be unintended legal consequences with the
passage of an ordinance (comparative negligence) and liability to the city; would rather
have an educational program in the terms of a resolution; and, the resolution would
allow officers to stop minor children and say it is a good idea to wear a helmet,
however his primary concern is the comparative negligence issue.
City Attorney Graves stated he had researched the issue and some states have a
provision that violation of the helmet ordinance cannot be used as evidence for
'comparative negligence or negligence'; most states have a warning instead of a citing,
and others have a law that says officers can only warn; and, regarding the "wave over"
issue, he was reluctant to have a police officer pull over a citizen (or in this case
minor) for not violating the law because the council thought it a good policy to have a
helmet. Gilman stated he was concerned of spot or selective enforcement and was
leaning toward a resolution of education.
Ross stated he supported a resolution form with "warning" verbiage drawn up through
a cooperative effort with the police, city attorney, Safe Kids Program, Brain Injury
Group, etc. He added, he did not support passing an ordinance that would be there
strictly as a public relations issue and would get minimal enforcement. He noted, he
saw someone on ice skates in the multipurpose facility being in greater danger than a
child on certain types of tricycles that ride close to the ground.
MOTION TO AMEND:
Council Member Ross MOVED to amend Section A, adding "ice skates" after roller
skates, and, after "...or rights -of -way, ... " add, "and the Kenai Multipurpose Facility... "
Council Member Moore SECONDED the motion.
Ross stated he did not support the ordinance, but if there is an ordinance, it should
protect the children. He added, he would vote against the ordinance because he
believed a resolution form and education would be a better direction to take. Williams
stated he disagreed with the amendment; he did not buy into the comparative
negligence because other states already have helmet laws on the books; the city
already does spot enforcement; and, not all communities have the same laws. Ross
stated he made the motion to amend because of testimony given earlier.
VOTE ON AMENDMENT:
Moore Yes Porter Yes Gilman Yes
Ross 1 Yes Williams I No Booke Yes
KENAI CITY COUNCIL MEETING
JULY 7, 2004
PAGE 7
Swarner No IF F I I
MOTION PASSED,
MOTION TO AMEND:
Council Member Gilman MOVED to amend the ordinance adding a new paragraph
stating the ordinance cannot be used as evidence for comparative negligence and
Council Member Porter SECONDED the motion.
Chief Kopp noted he would want the ordinance not to conflict with the state law
relating to the age requirements for someone riding an off -road vehicle. He noted, the
first amendment passed earlier (changing the age to 16) would conflict with state law.
MOTION TO TABLE:
Council Member Swarner MOVED to table the motion until the first meeting in August
and Council Member Moore SECONDED the motion.
Swarner stated her reason for the tabling motion was to give administration time to
sort out the comparative negligence concern.
VOTE ON TABLING MOTION:
Moore
Yes
Porter
No
Gilman
No
Ross
No
Williams
Yes
Bookey
No
Swarner
Yes
MOTION FAILS.
The discussion relating to 'comparative negligence' continued. Williams asked how
much weight would a municipal rule relating to comparative negligence have in regard
to the case if the state law is ambiguous or there is no state law. Graves stated he
believed it would be an issue raised in the courts. However, he didn't feel it would be
harmful to include a 'comparative negligence' paragraph, though there was an issue as
to whether or not the courts would allow it to modify state tort law. He suggested a
Section F could be added with the following wording: A violation of this ordinance
cannot be used as evidence of negligence or comparative negligence.
VOTE ON AMENDMENT (COMPARATIVE NEGLIGENCE):
Moore
Yes
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
Yes
Booke
Yes
KENAI CITY COUNCIL MEETING
DULY 7, 2004
PAGE 8
Swarner I Yes
MOTION PASSED UNANIMOUSLY.
BREAK TAKEN: 8:17 P.M.
BACK TO ORDER: 8:35 P.M.
VOTE ON MAIN AMENDED MOTION:
Moore
No
Porter
No
Gilman
No
Ross
No
Williams
No
Bookey
No
Swarner
Yes
MOTION FAILED.
MOTION TO RECONSIDER:
Council Member Moore MOVED for reconsideration of the ordinance at the August 4,
2004 council meeting. Council Member Swarner SECONDED the motion.
Attorney Graves noted, the motion would require no action until the August 4, 2004
meeting. At that time, if the motion receives four votes, the matter will be
reconsidered.
Ross requested administration, in conjunction with the brain injury support group,
Safe Kids, prepare a resolution supporting the helmet wearing at the August 4
meeting. Williams explained, the resolution would be considered if the ordinance is
reconsidered and fails.
F-4. Ordinance No. 2053-2004 -- Amending the Land Use Table in KMC
14.22.010 to Provide That FAA Authorized Uses are Allowed in the
Conservation Zone for those Properties Contained Inside the Airport
Perimeter Fence or Having Access to Aircraft Movement Areas, Ramps,
Taxiway or Parking Aprons.
MOTION:
Council Member Moore MOVED for adoption of Ordinance No. 2053-2004 and Council
Member Bookey SECONDED the motion.
There were no public comments. City Attorney Graves explained, currently, allowed
uses for areas within the fence at the airport are primarily for glide paths for aircraft.
The Everts lease would be within that area. To amend the footnote would allow the
KENAI CITY COUNCIL MEETING
JULY 71 2004
PAGE 9
Everts lease and others like it to go forward. He added, in the long term of the
planning process, the code is intended to be amended to allow similar uses with the
Master Plan, but that process will take some time. In the interim, the airport
administration requested the footnote be amended to allow the Everts lease to move
forward, as well as others, as long as they are compatible with FAA requirements, to
go forward. Ross stated the Planning 8. Zoning Commission passed a resolution
recommending the amendment to the code be made.
VOTE:
Moore
Yes
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
Yes
Bookey
Yes
Swarner
Yes
MOTION PASSED UNANIMOUSLY.
F-5. Resolution No. 2004-36 -- Awarding the Bid to Russ's Construction Co.
for Kenai Recreation Center Wood Gym Floor Repair/ Refinish - 2004 for
the Total Amount of $11 ,338.32.
MOTION:
Council Member Bookey MOVED for approval of Resolution No. 2004-36. Council
Member Moore SECONDED the motion and requested UNANIMOUS CONSENT.
There were no public comments. Public Works Manager La Shot reported budgeted
funds were enough to cover the project as it was originally bid, the hollow spots in the
floor will be repaired, and this was the only bid received. He added, the bidder
probably has been the only bidder for the last 20 years and is known as the expert of
this type of work.
VOTE:
There were no objections. SO ORDERED,
F-6. Resolution No. 2004-37 -- Awarding a Contract to Terex Utilities West
for a 2004 or Newer Bucket Truck F550 Extended Cab 4X4 XL for the
Total Amount of $76,105.
MOTION:
Council Member Porter MOVED for approval of Resolution No. 2004-37. Council
Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT.
KENAI CITY COUNCIL MEETING
DULY 71 2004
PAGE 10
There were no public comments. Public Works Manager Kornelis noted, the truck will
be a 2004 model unless a 2005 is available, then the city would accept a 2005 model.
In either case, it will be a new vehicle. He also noted, the cost is less because the city
will be able to piggyback a bid with Clackamus County, Oregon.
VOTE:
There were no objections. SO ORDERED.
F-?. Resolution No. 2004-38 -- Transferring $4,500 From Legal Department
Professional Services to Salary and Benefits to Hire a Part -Time Code
Enforcement Officer.
MOTION:
Council Member Porter MOVED for approval of Resolution No. 2004-38 and Council
Member Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
Moore
Yes
Porter
Yes
Gilman
Yes
Ross
Yes
Williams
Yes
Bookey
Yes
Swarner
Yes
MOTION PASSED UNANIMOUSLY.
F-8. Resolution No. 2004-39 -- Supporting the Development of an Assisted
Living Facility in the City of Kenai and Providing Services to Assist in the
Selection and Acquisition of Suitable Land for the Facility.
MOTION:
Council Member Swarner MOVED for approval of Resolution 2004-39 and requested
UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
James McConnell, Eagle River and Project Coordinator -- McConnell reported he,
the Senior Connection, and Council Members Swarner and Porter met and established
a priority list of properties for a proposed site of an assisted living facility. The
property receiving their first priority is Borough -owned property on Swires Road. He
added, they would meet with Borough Mayor Bagley in the morning to discuss the
possibility of the property being made available for this proposed use. McConnell
noted, a 30-year development plan will be developed and this property, because of its
KENAI CITY COUNCIL MEETING
JULY ?, 2004
PAGE 11
larger acreage, would allow for growth and definition of a campus -type facility. He
also noted, all comments he has received thus far had been positive.
Council Member Ross noted wording in the resolution stating, "...acquisition of
suitable land to support an assisted living facility..." and questioned whether it meant
the city would not be obligated to acquire land for the facility. Williams explained,
council's first discussions relating to land for the facility was that it is the intention of
council to continue to ask the borough to make available the property, but not
envisioning the city would be purchasing the land. Bookey stated he had been
concerned with the same issue. He noted, he always had been in support of the
development of such a facility.
Williams also noted, the 20 acres would allow expansion for a campus situation and
noted, the Borough Mayor had previously said no to making the property available
because he didn't feel it was the highest and best use for the property. Williams urged
all the council members to support the project and discuss the issue with Mayor
Bagley and Assembly members when possible.
VOTE:
There were no objections. SO ORDERED.
F-9. Liquor License Renewal -- Pizza Hut #9, Restaurant/ Eating Place.
Approved by consent agenda.
ITEM G: MINUTES
G-1. Regular Meeting of June 16, 2004 -- Approved by consent agenda.
ITEM H: OLD BUSINESS
H-1. Discussion -- Lawton Acres/ Preliminary Plat.
It was noted, administration was requested to bring a preliminary plat for council
review. As the owner of the property, administration wanted to be sure the design was
what council had in mind prior to forwarding it to the Planning & Zoning Commission.
City Manager Snow explained, if council approves the preliminary plat to move
forward, as owners of the property, a rezone would be recommended to be requested at
the Commission level. The rezone would be from Conservation to Commercial.
Graves suggested, if council wants to rezone the property, to rezone the same as the
adjoining parcel across Walker Lane in order for it not to be considered 'spot zoning'
because of the amount of acreage involved, i.e. below three acres is considered spot
KENAI CITY COUNCIL MEETING
JULY 71 2004
PAGE 12
zoning and above 13 Acres is not spot zoning, this property is in the middle. Rezoning
it as he suggested would help defeat any spot zoning arguments if there was a
challenger. Gilman suggested it be light commercial to transition from commercial to
the residential area. Graves stated a decision would not need to be made during this
meeting as to what zone it should be rezoned. At this time, council was being asked to
approve the preliminary plat to submit it to the Commission. A rezoning request
would be a different process. Snow noted, administration would prepare the rezone
request and forward it to the Commission. When the rezone comes forward from the
Commission to council, council could then approve it or change the zone.
Discussion followed regarding the green belt. Public Works Manager Kornelis
explained, the 33 feet would be the actual right of way, a total of 73 feet to the
centerline; administration discussed an additional 33 feet as a buffer zone, but it was
thought it would be more protective if the city retained ownership of the 30 feet
instead of a right of way (Tract A) . Porter stated she was not interested in seeing a car
repair shop, used car lot, etc. on the lots.
Bookey noted it would be a 30 foot greenbelt; he stated his concern the lot sizes may
not be large enough to put a restaurant and parking, etc. on a lot. It was noted, a
person could purchase two lots and request the removal of the lot line. He added, he
wanted to be sure the lots would be large enough to develop. Public Works Manager
La Shot noted, the person who initiated the discussion is interested in a half -acre lot.
He noted, all the lots were larger than one-half acre.
It was suggested the preliminary plat be returned to administration and brought back
with a better understanding of where the right of way is located and the road
compared of the right of way.
Roy wells, 410 Lawton Drive, Kenai -- Stated he was very opposed to the
development of the lots; the city has no city center and drawing business in this
direction would take it further away from a city center; and, even with a green belt,
with the beetle kill trees, etc., the residents on Lawton would be looking into the back
of buildings. He added, he did not want his home to be taxed adversely because of a
commercial development or property values detracted.
Williams requested a delay of action on the preliminary plan until zoning options and
more detailed plat showing the right-of-way/greenbelt concerns voiced earlier, for
council's review. At that time, if funding is required to acquire the right of way
information, etc., council could be advised with an estimate of the cost.
Council consensus was to hold the discussion until the July 21 meeting.
j ITEM I: NEW BUSINESS
KENAI CITY COUNCIL MEETING
DULY 7, 2004
PAGE 13
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. There were no objections. SO ORDERED.
I-2. Purchase Orders Exceeding $2,500
MOTION:
Council Member Bookey MOVED to approve the Substitute Purchase Orders
Exceeding $2,500 list and Council Member Swarner SECONDED the motion. There
were no objections. SO ORDERED.
I-3. Ordinance No. 2054-2004 -- An Ordinance of the Council of the City of
Kenai, Alaska Increasing Estimated Revenues and Appropriations by
$7,420 for a State of Alaska Highway Safety Grant for Equipment.
Introduced by consent agenda.
I-4. Ordinance No. 2055-2004 -- Increasing Estimated Revenues and
Appropriations by $56,105 to Replace the Police Records Management
System.
Introduced by consent agenda.
I-5. Approval -- Lease Application/Cliff R. Everts d/b/a Everts Air Fuel, Inc. -
- Proposed Parcel on North Willow Street.
MOTION:
Council Member Moore MOVED for approval of the lease application to Cliff R. Everts
d/b/a Everts Air Fuel, Inc. Council Member Porter SECONDED the motion. There
were no objections. SO ORDERED.
I-6. Discussion -- Schedule Board of Adjustment Hearing/Appeal of Planning
& Zoning Commission Denial of PZ04-20 -- An application for an
Encroachment Permit for a two -foot side yard set back for the property
known as Lot 8, Ruby's Dazzling Scenic View Subdivision (1402 Barabara
Drive), Kenai, Alaska. Appeal submitted by Thomas Wright, Sharalyn
Wright, Sara Wright and John Luick.
KENAI CITY COUNCIL MEETING
JULY 72 2004
PAGE 14
It was noted the wording should have been "Appeal of Planning & Zoning Commission
Approval of PZ04-20." Council reviewed the information and set the hearing date for
July 21, 2004 at 6:00 p.m. Council Member Gilman declared a conflict of interest,
Council Member Swarner stated she may not be able to attend the meeting; and Moore
stated he may not be in attendance either. It was noted by the City Attorney, if
members were not able to attend, they could participate in the findings after reading
the verbatim or listening to the taped proceedings.
BREAK TAKEN: 9:32 P.M.
BACK TO ORDER: 9:49 P.M.
ITEM J: COMMISSION / COMMITTEE REPORTS
J--1. Council on Aging -- Swarner reported the following:
• The group met on July 1 and approved a "no smoking" rule for the
congregate housing facility. City Attorney Graves noted, as owners of the building, the
no -smoking rule would not be required as an ordinance but would be included in the
leases and posted. It was asked if there were any tenants grand -fathered in and it was
noted, currently no of the residents were smokers.
• The changes to the by-laws were approved.
• A presentation was made by the Senior Connection relating to the
development of an assisted living facility.
• The seniors' pie booth was very successful during the July 4 festivities.
J-2. Airport Commission -- Moore reported the meeting summary for the
June meeting was included in the packet and the July meeting had been cancelled.
J-3. Harbor Commission -- Bookey reported the next meeting was scheduled
for Monday, July 12. It was also noted an application from Peter Barrett for
appointment to the Commission was included in the packet. Williams reviewed the
applicant's qualifications and stated he had no objection to making the appointment.
Council stated no objections.
J-4. Library Commission -- Gilman reported the Commission met on July 6
and heard a presentation from Judge Huguelet relating to the possible inclusion of the
Court System's Law Library in the Kenai Community Library. The Commission passed
a motion to form a subcommittee to include the Judge, Council Member Gilman,
Commissioner Brenckle, etc. to explore ideas, i.e. leverage of funds from the Court
System for an expansion of the Community Library to house the law library, formation
of partnership arrangement between the city and Court System, etc. He asked if the
Library Commission could apply for grants themselves and Graves stated no, the city
has to apply for grants.
KENAI CITY COUNCIL MEETING
JULY 7, 2004
PAGE 15
Ross questioned whether meetings of a subcommittee would require advertisement of
meetings, etc. Graves stated he would research the question and report back.
J-5. Parks & Recreation Commission -- Ross reported the following:
• The Commission met on July 1 and discussed the flea market and want
to review the request for proposal documents and discuss why the concept did not go
forward this year and also consider it earlier next year for consideration.
• Heard an "excellent presentation" from the Boys & Girls Club on
activities taking place at their facilities.
J-6. Planning & Zoning Commission -- Ross reported the minutes of the
previous Commission meeting were in the packet. He noted, the Commission failed
the recommendation on the city becoming involved in the permitting related to
anadromous streams. He added, there was no testimony offered either for or against
the issue. Concerns of the Commission were expressed as "if not broken, why fix it"
and cost of time and personnel involved in the enforcement.
J-7. Miscellaneous Commissions and Committees
J-7a. Beautification Committee -- Swarner reported the next meeting would
be held on July 13 at 7:00 p.m. She also noted the letter of resignation from Kathy
Moore included in the packet and an application for appointment from Mary LeFebvre.
Swarner recommended the appointment of LeFebvre. There were no objections to the
appointment.
J-7b. Alaska Municipal League Report -- Swarner reported the draft AML
Policy Statement was included with council's packets. She noted the document would
be discussed at the August 19 and 20 meetings in Kenai.
J-7c. Arctic Winter Games -- Moore reported he would not be able to attend
the next meeting and Alternate Frates would attend in his place.
J-7d. Stranded Gas Committee -- Ross gave a report on the lengthy meeting
of the Committee he attended via teleconference. The next meeting will be held in
Anchorage. He reviewed actions taken.
ITEM K: REPORT OF THE MAYOR -- Williams noted the following:
• Requested a letter of thanks be prepared for Kathy Moore.
• Noted he was notified of bleachers being removed from the Kenai Middle
School and suggested administration look at them and consider whether they may be
of use at the multipurpose facility.
0 He attended the Sean McAlpine funeral.
KENAI CITY COUNCIL MEETING
JULY 71 2004
PAGE 16
• He presented a 'key to the city' to the Vice President of Home Depot
during a recent visit to the community. He learned the Kenai store had exceeded its
sales goal by 24%.
• He received notification of an impending peaceful demonstration to take
place regarding subsistence fishing.
• The Kenai Classic was very successful.
ITEM L: ADMINISTRATION REPORTS
City Manager -- City Manager Snow reported the following:
• An update from the Corps of Engineers was included in the packet
relating to the bluff erosion/restoration project and indicated they had already
completed an outline of the technical report and will consist of a main report section
and appendices. The main report and appendices are scheduled for completion in
August, 2004. The City will be part of the study team and will be able to review the
draft prior to it being finalized.
• She had been working with Airport Manager Cronkhite and City Attorney
Graves in reviewing a Special Use Permit for identifying and harvesting spruce bark
beetle -killed spruce and others around the airport. The work will be on -going.
• VISTA Volunteer Casey Reynolds will be ending his tenure with the City
of Kenai to take a new VISTA position with the Economic Development District. A
replacement VISTA person has been advertised; Reynolds has agreed to continue
working with the Strategy Plan committee until a new VISTA person is on staff (to
continue after summer break in the early fall).
• The Public Safety Building dedication in memory of Officer John Watson
will be held on July 22 at 1:00 p.m.
It was noted, the painting of the exterior of the Public Safety Building will not be
completed by that time, but administration will make sure the work will not interfere
with the program.
L-2. Attorney -- Attorney Graves reported a newspaper article was included
in the packet relating to the State raising its traffic fines. Because of some
discrepancies between the State and City fine schedules, it was felt the City's code
should be changed to match the State's. To that end, an ordinance to amend the city
code will be introduced at the next council meeting.
L-3. City Clerk -- City Clerk Freas referred to a memorandum she included in
the packet relating to propositions taken to the voters to exempt the City of Kenai from
the submission of financial statements to the Alaska Public Offices Commission. She
noted, the information was presented due to a request from Council Member Porter.
KENAI CITY COUNCIL MEETING
JULY 71 2004
PAGE 17
A brief discussion took place and the consensus was there was no interest in placing a
similar question on the next ballot.
ITEM M: DISCUSSION
M-19 Citizens --
Bob Peters, Old Town -- Peters noted the following:
• He found it interesting a no -smoking determination was made for the
congregate housing facility and that there are no longer any tenants who smoke.
• Information relating to the Library Commission's discussion with Judge
Huguelet and the possibility of the Community Library housing the Court System's
Law Library.
• Thanked Ross for the stranded gas report.
• Relating to the Lawton Acres discussion, he suggested some land be left
for the future citizens to develop.
M-2 9 Council
Bookey -- Requested an update regarding the Mike Spizak lease application.
City Manager Snow reported administration was waiting for Spizak to submit
information and Public Works Manager stated they would be meeting with him to
confirm his plan.
Swarner -- Congratulated the Planning Department for purchasing a new color
copier and preparing the Comprehensive Plan in-house.
Moore -- Asked if the appraisal for the property Spizak is interested in leasing
was ordered. Snow reported it had been. She added, the council approved the lease
and appraisal was ordered, however the appraisal will go to the FAA first before it is
received here.
Porter -- Noted the following:
• Asked about the Float Plane Basin use. Acting Airport Manager
Bondurant reported there were less slip rentals, but more fuel use. Also, there have
been an increase in fly -ins.
• Asked about the pawn shop selling used cars. City Attorney Graves
reported it is an allowable use. Porter noted some would probably considered junk
cars and would like something done about it. Porter asked Graves to look into it.
• Suggested the city have a staff person work on the Fourth of July at the
greenstrip to ensure supplies are available for the restroom, etc. It was noted, a key to
the storage supply room was made available to the Chamber President for that
purpose.
KENAI CITY COUNCIL MEETING
JULY 71 2004
PAGE 18
Gilman -- Noted, during a recent power outage, the old main computer crashed.
He also noted, the Friends of the Library book sale would be taking place at the library
during the weekend.
Ross -- No report.
EXECUTIVE SESSION - None Scheduled
ITEM N:
ADJOURNMENT
The meeting adjourned at approximately 10:53 p.m.
Minutes transcribed and prepared by:
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Carol L. Freas, City Clerk
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