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HomeMy WebLinkAbout2004-08-18 Council MinutesAGENDA P KENAI CITY COUNCIL - REGULAR MEETING AUGUST 18, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZwww.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) 1. Jennie Porter (for Morris Porter) -- Snug Harbor Packing Company Cannery Equipment ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2059-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. 2. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. a. Remove from table. b. Substitution of Resolution. 1 C. Consideration of Resolution. i 1 3. Resolution No. 2004-46 -- Transferring $6,000 in the General Fund to Purchase a Vehicle Hoist. 4. Resolution No. 2004-47 -- Transferring $4,000 In the General Fund for a Geophysical Survey of the Kenai Cemetery to Identify Unmarked Grave sites . 5. *Liquor License/New -- Charlotte's, Inc., d/ b / a Charlotte's - Restaurant/ Eating Place Public Convenience. 6. *Application for Restaurant Designation Permit -- Charlotte's, Inc., d/b/a Charlotte's. ITEM G: 1. ITEM H: ITEM I: 1. 2. *Regular Meeting of August 4, 2004. OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 3. *Ordinance No. 2060-2004 -- Increasing Estimated Revenues and Appropriations by $533,333 for Airport Grants. 4. *Ordinance No. 2061-2004 -- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Disc -Golf Materials and Equipment. 5. *Ordinance No. 2062-2004 -- Increasing Estimated Revenues and Appropriations by $11,867 in the General Fund for Library Grants. 6. Approval -- Lease of Counter Spaces No. 34 and 35, Kenai Municipal Airport Terminal Space/Mike Spizak, d/ b / a Bellair, Inc. 7. Discussion -- Chamber of Commerce/City of Kenai Proposed Memorandum of Agreement and Budget for Development of Business Attraction Program. ITEM J: COMMISSION/ OMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. Recreation Commission 6. Planning 8s 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 -- Recreation Center Litigation. ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING AUGUST 18, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt wwcr.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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: Rick Ross Linda Swarner John J. Williams, Mayor James C. Bookey, III Joe Moore Pat Porter Absent was: Blaine Gilman A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: INSERT: I-7, Memorandum of Agreement/ Kenai Chamber & City of Kenai MOTION: Council Member Bookey MOVED for approval of the agenda as amended and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. MOTION: CONSENT AGENDA 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 KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 2 B-1, Jennie Porter (for Morris Porter) -- Snug Harbor Packing Company Cannery Equipment Porter introduced herself as the Acting Managing Member of Snug Harbor Packing Company which recently purchased the old cannery on Chisik Island. She reported, the company was restoring the cannery and plan to open it for the public and that an application was being processed to include the cannery as a historical site on the National Register. Porter noted, the city was donated cannery equipment from the site and they were requesting it be returned to them for viewing at the site. Discussion followed regarding donations to the city; whether a certificate of title was processed; and, whether the city can return the equipment without it first going to auction. Council requested administration to bring the issue back as an agenda item at the September 1 meeting, along with any information found on the subject. Williams noted, the city needed to know what the legal status is of the equipment, does the city want to retain ownership of the equipment, or, is there a desire to send the equipment back to Chisik Island. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Kari Palm -- Thanked council for their donation to assist in expenses for her and Anjani Salonen while in Washington, DC and acting as interns to Senators Stevens 8v Murkowski. Palm reported on activities happening in DC during their stay and stated how pleased they were to have had the opportunity. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS None. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Michelle Glass, Director, KCVB -- Glass gave a brief report of activities taking place at the Center, including: • Director search • Hosting AML reception • Securing a curator for next year's art exhibit, "Alaska Native Arts Now." • Continuing 501(c) (3) application process for Kenai Museum Association and memorandum of agreement between the city and the KCVB in this regard. KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 3 Tim Navarre, President, Kenai Chamber of Commerce -- Navarre gave a brief report of activities taking place at the Chamber, including: • Candidate forums • Preparing for Industry Appreciation Day • Advertising for the Executive Director position • Continuation of discussions with KCVB regarding combining efforts. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2059-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. MOTION: Council Member Bookey MOVED for adoption of Ordinance No. 2059-2004 and Council Member Swarner SECONDED the motion. There were no public comments. Fire Chief Walden gave a brief demonstration of the thermal imaging camera, noting the apparatus enables finding people in heat, smoke, fire, dark, etc. He noted, the city received a match from the State of Alaska for the purchase of the equipment. VOTE: Ross Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes Gilman Absent MOTION PASSED UNANIMOUSLY. F-2. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. F-2a. Remove from table -- No action was taken. F-2b. Substitution of Resolution -- No action taken. F-2c. Consideration of Resolution -- No action taken. KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 4 F-3. Resolution No. 2004-46 -- Transferring $6,000 in the General Fund to Purchase a Vehicle Hoist. MOTION: Council Member Porter MOVED for approval of Resolution No. 2004-46 and Council Member Moore SECONDED the motion. There were no public comments. A brief discussion took place regarding the strength of the hoist versus the cost. It was noted, the shop workers were confident the equipment will be sufficient for their use. VOTE: There were no objections. SO ORDERED, F-4, Resolution No. 2004-47 -- Transferring $4,000 In the General Fund for a Geophysical Survey of the Kenai Cemetery to Identify Unmarked Gravesites. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2004-47 and Council Member Moore SECONDED the motion. There were no public comments. Clerk Freas and City Planner Kebschull made a presentation related to the progress the city has made in updating the cemetery records, incorporating the location and burial information into the GIS system, and noting, the geophysical survey will assist in identifying unmarked gravesites and allow additional use of areas of the old section of the cemetery for future burials. VOTE: There were no objections. SO ORDERED. F-5. Liquor License/New -- Charlotte's, Inc., d/ b / a Charlotte's - Restaurant/ Eating Place Public Convenience. Approved by consent agenda. F-6. Application for Restaurant Designation Permit -- Charlotte's, Inc., d/b/a Charlotte's. Approved by consent agenda. KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 5 BREAK TAKEN: 8:16 P.M. BACK TO ORDER: 8:34 P.M. ITEM G: G-1, ITEM H: ITEM I: I-1. MOTION: Regular Meeting of August 4, 2004 -- Approved by consent agenda. OLD BUSINESS -- None. NEW BUSINESS Bills to be Paid, Bills to be Ratified 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 purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED, I-3. Ordinance No. 2060-2004 -- Increasing Estimated Revenues and Appropriations by $533,333 for Airport Grants. Introduced by consent agenda. I-4. Ordinance No. 2061-2004 -- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Disc -Golf Materials and Equipment. Introduced by consent agenda. I-5. Ordinance No. 2062-2004 -- Increasing Estimated Revenues and Appropriations by $11,867 in the General Fund for Library Grants. Introduced by consent agenda. KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 6 I-6, Approval -- Lease of Counter Spaces No. 34 and 35, Kenai Municipal Airport Terminal Space/Mike Spizak, d/ b / a Bellair, Inc. City Manager Snow reported, when Spizak first came to council he stated his desire to get into the terminal as soon as possible and administration set him up with a Special Use Permit and continued to work with him to provide him terminal lease space. From those discussions, the lease of counter spaces No. 34 and 35 were agreed upon. It was also noted, with these spaces leased, all terminal counter space had been leased at the terminal, including accommodations for the Transportation Security Administration (TSA). If additional counter space is required at the airport, the airport manager's office would be moved to the Airport Operations Building, which would require some remodeling. MOTION: Council Member Porter MOVED for approval of the lease for Bellair, Inc. and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-?. Discussion -- Chamber of Commerce/City of Kenai Proposed Memorandum of Agreement and Budget for Development of Business Attraction Program. Roy Wells, Chair, Economic Development Committee -- Reviewed the Memorandum of Agreement with council which would initiate and respond to economic development inquiries and opportunities and reviewed the tasks presented in Attachment A of the Agreement for both the Chamber and the City. Additionally, he noted the Chamber will develop a marketing tool for presentations and distribution, create and produce a brochure, create a letter template for responses to inquiries, etc., and create and maintain a webpage as another tool to disseminate information. Wells also reviewed the estimated program budget and requested council's approval of providing the $10,000 included in the city budget set aside for this purpose. Through discussion, the following information was learned: • This would be a one-time grant, but it was hoped from what is learned, a long-term effort could be funded. • The website would be different from the Chamber's. • Though a lot of the information included in the material will be generic, the Chamber hopes to target specific issues as well. Council comments included: • y Include family relocation information in the material. 1 l KENAI CITY COUNCIL MEETING � AUGUST 18, 2004 PAGE 7 • Be sure the website does not have links to the whole Peninsula to insure the city's funds stay within the city for promotion. • Target the specific retail voids currently in the city . • Council review the information prior to its being distributed to the public, i.e. approval of website, CD, brochure, etc. MOTION: Council Member Porter MOVED for approval of the Memorandum of Agreement Between the Kenai Chamber of Commerce and the City of Kenai, Alaska. Council Member Bookey SECONDED the motion. Council Member Ross stated he would support future funds for the continuation of the effort, but not as a program budget request. He added, the funding request will need to be justified by the Chamber. VOTE: Ross Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes Gilman Absent MOTION PASSED UNANIMOUSLY. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- Review of actions taken at the August 5 meeting were reviewed. It was noted Member Sam Huddleston resigned and applications were included in the packet. Council requested the applications be included in the September 1 packet for appointment consideration at that time. Williams stated he would prepare a letter of condolence to the Roger Meeks family. J-2. Airport Commission -- Council Member Moore reported the Commission met on August 12 and discussed the Medallion Foundation's request to place a flight training device in the Kenai Airport Terminal, which will need to be accessible to the public. The Commission discussed areas of the terminal where they believed space is available to accommodate the apparatus and suggested in the area by the restaurant, moving the model oil well platform to allow both items in the area. Airport Manager Cronkhite explained the Medallion Foundation does a lot of safety programs in the state; the Foundation would maintain the equipment; free seminars KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 8 are provided on how to use the equipment; training with the equipment is required prior to utilizing it; and, the Foundation will provide a lock for the equipment area. Council comments included administration working on a budget and plan for housing the equipment, including two suggested areas; request Commissioner Knackstedt or a member of the Foundation to make a presentation at the time the options are brought forward for council consideration; and, research how other airports have addressed having the equipment available, i.e. it being a commercial enterprise using the airport. J-3. Harbor Commission -- Council Member Bookey reported the Commission met on August 9 and heard an update on the dip net fishery. He also noted, the September meeting was cancelled due to the regular meeting date falling on the Labor Day holiday. J-4. Library Commission -- It was noted a summary of the August 3 meeting was included in the packet and the next meeting date is September 7. J-5. Parks & Recreation Commission -- Council Member Ross reported the Commission met on August 5 and discussed Section 36 and the local soccer program and, Municipal Park and its maintenance, including beetle -killed tree removal. Ross stated no funding was included in the Parks budget for removal of trees and the expected use of Department of Forestry Hot -Shot Crews was not available. Ross stated he would report back to the Commission and note, if they have specific projects in mind, they should bring them forward to be addressed in the next budget. Additional information noted was: • The Director is working with the high school regarding the city's purchase of materials and shop classes building a gazebo to be placed at the cemetery. • Approximately $4,500 was still needing to be raised for purchase of a gazebo. • An approval was received for the expenditure of funds to clear the gully area of dead trees, though work would not begin until next spring. Williams noted, he believed the disc golf parking area may need to be expanded and suggested funding an expansion (including paving) be considered in the next budget. J-6. Planning & Zoning Commission -- Council Member Bookey reported it was a very short meeting because the one item on the Commission agenda was removed. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- No meeting. 'KENAI CITY COUNCIL MEETING AUGUST 18 2004 PAGE 9 J-7b, Alaska Municipal League Report -- Mayor Williams reminded council of the AML meetings beginning August 19 and the city's reception at the KVCB. J-7c. Arctic Winter Games -- Council Member Moore reported the city had verbally been promised $50,000 with the next federal appropriation, timing is critical and the funds are not a sure thing. He also noted, a problem had arisen with the development of the Homer ice rink and there was a possibility the funds set aside for that rink ($400,000) may not be used. He requested a work session be set to discuss funding availability with members of the Arctic Winter Games Host Society. Council set Wednesday, August 25, at 7:00 p.m. for a work session with members of the Arctic Winter Games Host Society. It was requested grant requirements for being reimbursed be checked. Attorney Graves reported administration had reviewed the draft Memorandum of Agreement between the city and the borough/ Host Society. Some proposed changes were included and the document sent back to the Borough Attorney for further review. The document will be brought forward for council approval in the near future. Williams gave a brief report relating to the meeting he attended with members of administration with representatives of TSA, Customs, Immigration, etc. He noted, it is their intention to process approximately 4,000 people through the Airport Operations Facility before and after the Games. Williams added, this will be a major undertaking and the city's in -kind donation had grown through the use of the upstairs of the fire training facility and the operations building. J-7d. Stranded Gas Committee -- Council Member Ross updated council on meeting discussions and noted he would be attending the next meeting to be held in Fairbanks. ITEM K: REPORT OF THE MAYOR Williams referred to a request made by the Economic Development District to replace the seat vacated by Casey Reynolds as a representative of the city. Williams suggested the appointment of Jason Carroll, the newly appointed manager at the First National Bank of Anchorage. Council had no objections. ITEM L: ADMINISTRATION REPORTS City Manager -- City Manager Snow reported the following: • The monthly department head reports were included in the packet. She noted the Airport Manager's report included information related to Federal Express' search for new space. KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 10 • The city's public safety departments participated in a Weapons of Mass Destruction exercise and were the strongest group. Fire Chief Walden gave a report on the event. Porter requested information on the following items: • Federal Express -- Airport Manager Cronkhite reported on the city and Chamber's efforts to talk with representatives of the Federal Express corporate office. She noted, a small purchase order was issued to hire an intermediary to make contact, report back to Snow with status information, recommendations, etc. of how the city might pursue the issue. Snow stated, as information comes available, she will inform council. Swarner requested a report on the progress as soon as possible. • Porter stated her disappointment Everts would not be able to begin their project this year and suggested it could be a flaw in the code regarding development of airport lands. She suggested the city ask the consultant to review the code and offer suggestions of how to simplify the system. • UPS Building -- Fire Chief Walden offered a brief report related to the fire at the UPS building. He noted, the company could have to move their operation from their current building for a bit. It was suggested the city may need to accommodate them to keep them in the city. • Zubeck/ Lawton Drive Project -- Kornelis reported the project had not yet been accepted because the as -built drawings had not yet been submitted by the engineer. • Dock Road -- Kornelis reported they were awaiting the property appraisals. • Andersen Agreement -- Attorney Graves reported Andersen had been informed the city expects the project to be completed by the October 15 deadline and if it is not, his bond company will be contacted and they will have to complete the project. Graves noted, though Andersen did not sign the extension agreement offered by the city, the bond company informed the city it was not required. The city will only need to inform them when and if Andersen is in default. Graves also explained, if the city forfeits the bond now, there would be extreme consequences to Andersen's business and he could claim the city improperly reported a default and it caused damages to his business. Graves stated, it was his opinion it would be prudent for the city to stand by the offered extension to October 15 even though Andersen did not sign the agreement. If he does not complete the project by the deadline, then the city should default him. He also noted, the bond company was put on notice of the possible default before the original completion date of April 15. L-2. Attorney -- No report. L-3. City Clerk -- Clerk Freas reported the slate of candidates for the upcoming October election as: Mayor -- Pat Porter and Jim Bookey l KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 11 Council -- Joe Moore, Michael Boyle and Cliff Massie Bookey stated his concern the code does not require a person to specify for what office he/she intends to run. In addition, the code does not require the person who intends to run to take out the petition package. Bookey suggested administration be directed to review the code and offer a proposed amendment to the ordinance to require the person intending to run to specify for what office they will run prior to taking out the petition. A brief discussion followed. Graves noted, an amendment to the ordinance could be made to have the name of the intended candidate on the petition and the office to be held before it goes out of the Clerk's office in order to protect the process. Graves was requested to prepare a proposed ordinance. ITEM M: DISCUSSION M-1. Citizens -- None. M-2, Council Bookey -- No comments. Swarner -- Noted the following: • Met with members of the Parks summer crew and listened to their comments about flowers, etc. • Stated her concern council was spending from the contingency account and requested a report of expenditures be prepared for July and August for the September 1 council meeting. • Requested a dip net revenue report for the September 1 meeting. Snow noted, because not all the bills had been received, etc., the report would be incomplete and a complete report could be submitted later in the year. Porter -- Noted the following: • She has been requesting and reviewing town clock information. • Suggested information related to dip net revenues and expenditures be included on a flyer and distributed to dip net participants. Ross -- Noted the following: • Requested information relating to the budget deficit be included in the dip net revenue/expenditure report. • Will miss the September 15 meeting. EXECUTIVE SESSION -- Recreation Center Litigation. KENAI CITY COUNCIL MEETING AUGUST 18, 2004 PAGE 12 MOTION: Council Member Bookey MOVED for the council to convene in an executive session to discuss the Recreation Center litigation and financial obligations to the City of Kenai and requested the City Attorney and City Manager attend. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED, RECESS FOR EXECUTIVE SESSION: 11:05 P.M. BACK TO ORDER: 11:20 P.M. Council Member Bookey reported the council met with the City Attorney and City Manager and gave direction (to the City Attorney and City Manager) related to the Recreation Center litigation. ITEM N: ADJOURNMENT The meeting adjourned at approximately 11:20 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk BY C004,114 MI.