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Home My WebLink About2004-10-06 Council Minutes� AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 6, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.ken.ai.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: 1. ITEM C: ITEM D: ITEM E: ITEM F! SCHEDULED PUBLIC COMMENTS (10 minutes) DeWayne Craig -- Water and Sewer Billing/ Bluff View Condominiums, 406 South Forest Drive, Kenai. UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE PUBLIC HEARINGS 1. Ordinance No. 2065-2004 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for Fuel at the Dock Facility. 2. Ordinance No. 2066-2004 -- Increasing Estimated Revenues and Appropriations by $40,000 in the Water and Sewer Special Revenue Fund to Purchase Land for Wellhouse 4. a. Motion to Table, Time Uncertain. 3. Ordinance No. 2067-2004 -- Amending KMC 6.10.010 by Adding Subsection (d) that Requires a Copy of a Nominating Petition be Filed with the City Clerk, with the Candidate's Name, Address and Office Sought, Before the Petition is Circulated for Signatures. 4. Resolution No. 2004-55 -- Adopting the City of Kenai Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan as an Official Plan. ITEM G: MINUTES 1. *Regular Meeting of September 15, 2004. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Changing the Definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." 4. *Ordinance No. 2069-2004 -- Finding that Certain City -Owned Lands Located in Section 36 Adjacent to the Kenai Spur Highway and Further Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Public Purpose. 5. *Ordinance No. 2070-2004 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. 6. *Ordinance No. 2071-2004 -- Finding that Certain City -Owned Land, Identified as Lots 1 8v 2, Block 6, Mommsens S/D Replat of Additions 1 & 2, Located at 2402 2406 California Avenue in Kenai, Are Required for a Public Purpose. 7. Approval -- Cooperative Agreement Between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter Games 2006 Host Society, and the City of Kenai. ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K• REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 6, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS . htt�-Zwww.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-2. ROLL CALL Roll was taken by the City Clerk and was confirmed as follows: Present were: Linda Swarner Joe Moore Blaine Gilman Rick Ross John J. Williams, Mayor Absent were: Pat Porter and James C. Bookey, III A quorum was present. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 -- Addition Of purchase order to Accel Fire Systems to repair leaks In the sprinkler system at Vintage Pointe. ADD TO: K-1, Mayor's Report -- 7/ 15/04 B. Popp letter regarding The formation of a Kenai Peninsula regional Advisory Council (RAC) -- request for letter of support. MOTION: Council Member Swarner MOVED to approve the agenda as amended and Council ` Member Moore SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING f OCTOBER 6, 2004 PAGE 2 A-4, CONSENT AGENDA MOTION: Council Member Swarner 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 DeWayne Craig -- Water and Sewer Billing/ Bluff View Condominiums, 406 South Forest Drive, Kenai. Mr. Craig referred to his letter and attachments included in the packet regarding a bill he received for past due water/ sewer charges for a six-plex located at 406 South Forest Drive property. One of the attachments was the letter from Finance Director Semmens breaking down the charges and explaining the account was originally set up as a four-plex; the water/ sewer billing record was never updated by Craig when two units were added; there is no building permit record for the addition of unit five; there is a building permit record for a garage in 1997; in September 1999 the building inspector discovered Craig was living in unit six; and in 2002 Craig submitted a permit to convert the garage to a living space. It was also explained, the charges covered the five years of water/ sewer service received to units six and five. Craig noted he felt he had notified the city in 1999 when a survey was submitted to Planning 8, Zoning indicating the two additional units; his taxes increased when he converted the building to condominiums; the rents had remained the same since the 1980's; and he cannot absorb the water/ sewer charges from past rents. Craig requested council to forgive all or a portion of the charges. Discussion followed and Director Semmens explained the usage for which Craig was being charged; noted there have been others who have been back billed for utility usages when the uncharged usage had been discovered; and, the city does not bill based on a plan being submitted to Planning 8s Zoning as the application for a building permit does not mean the construction has been completed. A lengthy discussion followed. Swarner stated, because the service was received and according to the code, she believed he owed the money. Moore stated, according to the code, the burden to apply for service falls to the user. Gilman stated his concern the city's regulations do not instruct the user to inform the city when there is a change. Ross stated the city has a system of self -reporting, it works well, and added, Craig should pay for the services received. J KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 3 Williams noted, he was willing to waive the penalties and interest as offered by Semmens and added, it appeared there were no other recommendations from council other than for Craig to pay the charges indicated. Swarner asked if all the building permits were current on the property and if there was anything outstanding. City Manager Snow reported there were ongoing issues on the property and administration was working with Craig on those issues. Moore noted, the billing letter indicated a September 30, 2004 deadline and asked if it should be extended. Craig noted Semmens offered to set up a payment plan with him and he would be glad to meet with Semmens and work one out. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Betty Glick -- Glick reported on actions taken by the Borough Assembly at their meeting of September 22 and noted their next meeting would be l held on October 12, 2004. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Tim Navarre, President, Kenai Chamber of Commerce -- Navarre reported the new director was on board and doing well; reminded the audience of the Chamber's October 23 fundraiser; and the Kenai Economic Development Strategy Committee had finalized their draft report and would be making presentations in the near future. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2065-2004 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for Fuel at the Dock Facility. MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2065-2004 and Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: �KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 4 Swarner Yes Moore Yes Porter Absent Gilman Yes Ross Yes Williams Yes Boo ke Absent MOTION PASSED UNANIMOUSLY. F-2. Ordinance No. 2066-2004 -- Increasing Estimated Revenues and Appropriations by $40,000 in the Water and Sewer Special Revenue Fund to Purchase Land for Wellhouse 4. MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2066-2004 and Council Member Moore SECONDED the motion. There were no public comments. F-2a. Motion to Table, Time Uncertain, Council Member Gilman noted a memorandum included in the packet from administration requesting the ordinance be tabled, time uncertain, because the appraisal of the property had not been received to date. MOTION TO TABLE: Council Member Gilman MOVED to table Ordinance No. 2066-2004 (time uncertain) and Council Member Swarner SECONDED the motion. VOTE ON MOTION TO TABLE: There were no objections. SO ORDERED, F-3. Ordinance No. 2067-2004 -- Amending KMC 6.10.010 by Adding Subsection (d) that Requires a Copy of a Nominating Petition be Filed with the City Clerk, with the Candidate's Name, Address and Office Sought, Before the Petition is Circulated for Signatures. MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2067-2004 and Council Member Moore SECONDED the motion. KENAI CITY COUNCIL MEETING OCTOBER 6 2004 PAGE 5 There were no public comments. Gilman noted, at the last council meeting, a citizen testified her objection to the amendment because she did not like the requirement of the petition. He noted, City Attorney Graves had since reported the requirement of a petition is in the Charter and a vote of the people would be required to amend it. Gilman stated he supported the amendment. Ross also noted the petition is required by Charter, believed the amendment appropriate and supported the amendment. Williams also stated his support of the ordinance. VOTE: Swarner Yes Moore Yes Porter Absent Gilman Yes Ross Yes Williams Yes Bookey Absent MOTION PASSED UNANIMOUSLY. F-4, Resolution No. 2004-55 -- Adopting the City of Kenai Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan as an Official Plan. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2004-55 and Council Member Moore SECONDED the motion. There were no public comments. Fire Chief Walden reported the city's Annex is one component of the all -borough plan and was developed by the borough with the assistance of the City's Fire and Police Departments. He also noted, there was a November 1 deadline for submission of the all -borough plan to FEMA. Walden stated the Kenai Planning & Zoning Commission approved the city's annex. Gilman asked if the City had the authorization to amend its portion of the document and suggested an amendment of the city's annex document at Page 14, by removing the first paragraph beginning with the word "ironically." Walden reported the city, through the wording in its resolution, the city retains the authorization to make changes and updates. Gilman stated his reason for removal of the paragraph, because it states, "...attempts to control erosion through shoreline protective measures ... can actually lead to increased erosion activity..." He noted, he believed the statement makes an argument against the city doing an erosion project. Ross stated his agreement the paragraph should be removed as there was no scientific information to back up the statement. KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 6 Williams noted, the city had not received the Corps report on the city's proposed erosion project and believed the paragraph should be removed. City Manager Snow noted a public hearing was scheduled at the Borough on October 11 and added, the city could work administratively with Borough representatives or attend the meeting and request the paragraph be removed. Williams suggested someone attend the hearing and work administratively with the Borough. MOTION: Council Member Gilman MOVED to remove the first full paragraph on Page 14, beginning with the first word "ironically" from the document and Council Member Ross SECONDED the motion. There were no public or council comments. VOTE ON MOTION TO AMEND: Council Member Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, VOTE ON MAIN AMENDED MOTION: Swarner Yes Moore Yes Porter Absent Gilman Yes Ross Yes Williams Yes Bookey Absent MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:07 P.M. BACK TO ORDER: 8:20 P.M. ITEM G: G-1. agenda. ITEM H: ITEM I: MTI UTRA Regular Meeting of September 15, 2004 -- Approved by consent OLD BUSINESS -- None. NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 7 Council Member Swarner MOVED to pay the bills and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-2. Purchase Orders Exceeding $2,500 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $2,500, the substitute and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-3. Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Changing the Definitions of "Mobile Home," "Manufactured Housing," and "Modular Housing." Introduced by consent agenda. I-4. Ordinance No. 2069-2004 -- Finding that Certain City -Owned Lands Located in Section 36 Adjacent to the Kenai Spur Highway and Further Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Public Purpose. Introduced by consent agenda. I-5. Ordinance No. 2070-2004 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. Introduced by consent agenda. Ordinance No. 2071-2004 -- Finding that Certain City -Owned Land, Identified as Lots 1 2, Block 6, Mommsens S/D Replat of Additions 1 8� 2, Located at 2402 2406 California Avenue in Kenai, Are Required for a Public Purpose. Introduced by consent agenda. I-7. Approval -- Cooperative Agreement Between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter Games 2006 Host Society, and the City of Kenai. MOTION: -� KENAI CITY COUNCIL MEETING e OCTOBER 6 2004 PAGE 8 Council Member Swarner MOVED for approval of the Cooperative Agreement Between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter Games 2006 Host Society, and the City of Kenai. Council Member Moore SECONDED the motion. Moore referred to the portion of the document which stated no other competitive sport could take place during the Games week and questioned whether club and school hockey would have to be scheduled around the Games. It was noted, the Games would have exclusive use of the multipurpose facility for the Games week. Borough Attorney Thompson explained the intent was for no other competitive sport to occur simultaneously in the community except without the approval of the Games. Ross asked if that rule would also apply to property with which the city has contracted out, i.e. the Recreation Center. Thompson answered she believed it would because it is the city's property. She suggested a clause could be added to say, "except for property over which it has no direct authority." Ross stated his desire to have a clause like that included because that time of the year, the facility is used for indoor soccer. It was noted, the Recreation Center would be a venue for wrestling for the Games and an agreement for that purpose will be developed. Williams asked if the same would apply to use of the airport for security, etc. and Thompson stated they did not want to go into that detail at this time and it would be negotiated at a later date. Gilman asked if Graves had reviewed and helped draft the agreement. Graves stated, a draft had been forwarded to the city and upon review, the city suggested changes to the borough and Thompson had agreed to the changes. The City of Kenai's agreement is different than the Soldotna and Homer agreements. He noted, the city retains a lot of authority. Gilman stated he believed it a good agreement and because administration reviewed the agreement, recommended changes, the changes were made, etc., he would support the approval of the agreement. VOTE: Council Member Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, ITEM J: COMMISSION / COMMITTEE REPORTS J-11 Council on Aging -- No report, the meeting was canceled. J-2. Airport Commission -- Moore reported the next meeting would be held on October 14. KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 9 J-3. Harbor Commission -- City Manager Snow reported the next meeting would be held October 11 at which time the dip net fishery report would be reviewed and discussed. She also reported she would attend the meeting for Public Works Manager Kornelis. J-4, Library Commission -- Gilman reported a meeting was held October 4 during which it was reported the Court System had donated shelving from the Law Library to the Kenai Library. The shelving will be stored until it can be used at the library, when the library is expanded. Administration was requested to write a thank - you letter to the Alaska Court System for the donation. J-5. Parks & Recreation Commission -- Ross referred to the meeting summary included in the packet. Snow noted the Commission recommended the Council set aside properties in Section 36 as needed for public use. She noted the issue would be before council at their October 20 meeting. A brief discussion took place related to the proposed helmet use policy for the multipurpose facility. Moore stated his disappointment the Commission did not recommend the use of the policy. Parks & Recreation Director Frates reported the ' Commission's concerns were of enforcement of the policy. Snow stated it was the intention of administration to post a sign to encourage use of helmets at the facility. She requested comments from council if they wanted to consider another direction. Moore requested a copy of the proposed policy be included in the next council meeting agenda for council discussion and Ross agreed, but requested the policy be included as an informational item in order for council to review. J-6. Planning & Zoning Commission -- Ross noted the minutes of the September 22 meeting were included in the packet. He noted, their resolution, relating to setting aside properties in Section 36 for public use, was approved. He added, the Commission also discussed an amendment to the mobile home portion of the code which would be before council for public hearing on October 20. J-74, Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner reported a meeting was scheduled for October 12. J-7b., Alaska Municipal League Report -- No report. J-7c. Arctic Winter Games -- Loren Smith, Executive Director of the Games reported a site inspection would take place October 13-16 by members of the international committee. They will tour the venues, attend a reception, and hold a meeting with members of the community. He also offered an update on other I' activities taking place, i.e. the November 15 opening of the Games merchandise store; KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 10 signage placed, flag poles at Airport Way and PRISM placed; a "name the mascot" contest is ongoing in the area schools; the AWG website will include a link to the Kenai Airport; and, a Soldotna quilting group is supplying "Spirit Bears" for all the athletes. J-7d. Stranded Gas Committee -- Council Member Ross reported on the October 14 meeting which was held in Anchorage; presented an update of the Committee's review of proposals; and noted, the Committee's final draft of their report would be out in the next several weeks and encouraged City Manager Snow and Finance Director Semmens to review it at that time. Ross also reported he would be out of state for the November 17 meeting. ITEM K: REPORT OF THE MAYOR -- Mayor Williams noted the following: • Asked Assembly Member Glick if the Borough was planning on purchasing additional lots for the public safety facility and she confirmed legislation would be before the Assembly for that purpose in November. • Referred to the letter added to the agenda at the beginning of the meeting from the Borough related to the formation of a Kenai Peninsula Regional Advisory Council (RAC) to provide regional advice to the State of Alaska Workforce Investment Board, the Alaska Department of Labor, and the Denali Commission on local workforce initiatives and issues. The letter also requested a letter of support from the City. Council had no objections to a letter of support being written and forwarded. Council Member Swarner suggested the city include land sale flyers in the Soldotna Chamber's newsletter. Navarre noted, the Kenai Chamber would be producing a newsletter soon and will be including inserts as well. ITEM L: ADMINISTR.ATION REPORTS City Manager -- City Manager Snow reported the following: • There were 60 lots listed for sale in the city's foreclosure sale and 16 were sold. A more detailed report will be included in the next meeting packet. • The expected Corps report, due in September, related to the erosion project had not been received. She contacted the Corps and learned the report had been delayed due to hurricane recovery efforts in Florida by the writer of the report. Work on the report is to resume after October 8. • North Star, who initiated a sale of property along Marathon Road, requested the sale terminated due to restrictions placed on the number of beds their facility would be allowed to offer. L-2. Attorney -- Attorney Graves reported he planned on attending the AML l Municipal Attorney conference in Fairbanks on November 8 and 9. Jf KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 11 L-3. City Clerk -- Clerk Freas reported on the outcome of the October 5, 2004 election and noted, the canvas board would meet on October 12 to canvass and count the absentee, questioned and personal needs ballots. ITEM M: DISCUSSION M-1. Citizens -- None. M-2. Council Swarner -- • Noted she received a comment from a concerned citizen regarding the modifications being made to the airport parking lot. Airport Manager Cronkhite reported the first row of parking spaces were now being used by the cab companies while the new sidewalks were being constructed. After their completion, the front row would again be used for short term parking and the normal traffic pattern for cabs would also resume. • Noted website concerns, i.e. inaccurate information. l ` Moore -- No report. Gilman -- • Noted it appeared the city would have to invest a substantial amount of money into readying airport property for selling. He asked the status of inquiries to FAA to learn if the Airport Trust Fund could be used for funding improvements to the land. Cronkhite reported she met with FAA recently and discussed the issue with them. Because their reaction was not what was hoped for, she suggested the city wait for the review by the consultant doing the airport survey first. Gilman stated his desire for administration to work with Senator Stevens' office to help with the issue after a response is from FAA is reviewed by City Attorney Graves. • Because the city is now debt free, he asked council to consider the issuance of a bond for different project, i.e. library expansion, paving, coastal trail match, etc. • Because he will be absent from the October 20 council meeting, Gilman expressed his honor and pleasure in serving on council with Council Member Bookey and Mayor Williams. He added, he appreciated the efforts both had contributed to the City. Gilman also congratulated Mr. Massie on his election. Ross -- No report. Williams -- Noted it was his last full meeting as Mayor. EXECUTIVE SESSION - None Scheduled } � KENAI CITY COUNCIL MEETING OCTOBER 6, 2004 PAGE 12 ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:45 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk