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HomeMy WebLinkAbout2004-12-01 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 1, 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) 1. Proclamation/Civil Air Patrol -- Cadet Lt. Paul McBride 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: ITEM G: 1. ITEM H: ITEM I: 1. 2. PUBLIC HEARINGS *Regular Meeting of November 17, 2004. OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 3. *Ordinance No. 2074-2004 -- Increasing Estimated Revenues and Appropriations by $548.79 in the Police Department for the City's Share of a Drug Enforcement Administration Forfeiture. 4. Discussion -- Schedule Work Sessions a. December 13, 2004 -- Joint Work Session with Arctic Winter Games (cancel this portion from the December 6 work session) . b. December 9, 2004 -- Council, Airport Commission and Supplemental Master Plan Update Consultant, 7:00 p.m. (or immediately following the regular Airport Commission meeting) . C. December 15, 2004 -- Council and Legislators, 6:00 p.m. 5. Discussion -- Appointment of Student as City Council Representative 6. Discussion -- Corps of Engineers/ Report on River Bank Stabilization Project. ITEM J: 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. 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 - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 1, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2., ROLL CALL Roll was taken by the City Clerk. Present were: Blaine Gilman Joe Moore Absent was: James N. Butler, III Pat Porter, Mayor Cliff Massie Council Members Rick Ross and Linda Swarner A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD AS: H-1, Old Business -- Consent to Sublease from SOAR International Ministries, Inc. to RAM Aviation/ Lot 3, Block 1, General Aviation Apron. SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 -- Revised list with addition of Coble Geophysical Services, Big "G" Electric, and Wince-Corthell-Bryson purchase orders. MOTION: Council Member Moore MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Gilman SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA l MOTION: Council Member Moore MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS B-14, Proclamation/Civil Air Patrol -- Cadet Lt. Paul McBride Cadet 1st Lt. Paul McBride of the Civil Air Patrol gave a brief outline of the Civil Air Patrol history, noting the organization was founded in 1941, one week before Pearl Harbor was attacked. Their initial mission was to chase submarines, and the current purposes include volunteer/ community services, emergency services and cadet programs. Mayor Porter presented a proclamation to McBride, celebrating the 63rd anniversary of the founding of the Civil Air Patrol and the Kenai Composite Squadron, established in 1951. ITEM-C. ITEM D: -- None. ITEM E: UNSCHEDULED PUBLIC COMMENTS -- None. REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, Kenai Convention & Visitors Bureau (KCVB) -- Renken presented Porter with a framed poster to hang in her office and gave an update of KCVB activities; noted, in reviewing the original documents of listing the purposes for the facility, the intent was to bring visitors to the city and changes would be made to make that a stronger component of their activities; and, the 2006 art exhibit will have items historical items from the community intertwined into the exhibit. ITEM F: PUBLIC HEARINGS -- None. ITEM G: MINUTES G-1. Regular Meeting of November 17, 2004 Approved by consent agenda. ITEM H: OLD BUSINESS KENAI CITY COUNCIL MEETING DECEMBER 1, 2004 PAGE 2 H-1. Approval -- Consent to Sublease from SOAR International Ministries, Inc. to RAM Aviation / Lot 3, Block 1, General Aviation Apron. MOTION: Council Member Gilman MOVED to approve a sublease from SOAR International Ministries, Inc. to RAM Aviation/ Lot 3, Block 1, General Aviation Apron and Council Member Moore SECONDED the motion. City Manager Snow reported RAM Aviation is the company that had been operating Kenai Express. She added, during the November 17 meeting, when the sublease came before council, administration was requested to bring the issue back when Kenai Express had paid all the landing fees they owed. Snow reported, Kenai Express/ RAM Aviation had become compliant with the City, paying the fees for September and October (there were no landings in November) . Snow added, the Borough had been contacted and Kenai Express/ RAM Aviation was compliant with them as well. VOTE: Ross Absent Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent Massie Yes MOTION PASSED UNANIMOUSLY. ITEM I• NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Council Member Gilman MOVED to pay the bills and Council Member Butler SECONDED the motion. There were no objections. SO ORDERED, I-2. Purchase Orders Exceeding $2,500 MOTION: Council Member Massie MOVED to approve the purchase orders exceeding $2,500 and Council Member Moore SECONDED the motion, requesting UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-3. Ordinance No. 2074-2004 -- Increasing Estimated Revenues and Appropriations by $548.79 in the Police Department for the City's Share of a Drug Enforcement Administration Forfeiture. KENAI CITY COUNCIL MEETING DECEMBER 1, 2004 PAGE 3 } Introduced by consent agenda. I-4. Discussion -- Schedule Work Sessions I-4a. December 13, 2004 -- Joint Work Session with Arctic Winter Games (cancel this portion from the December 6 work session) . Snow noted, the members of the Arctic Winter Games (AWG) Host Society would not be available to meet on December 6 as previously discussed. They requested the work session be moved to Monday, December 13, 2004. Council approved the scheduling of a joint work session with AWG for December 13, 2004, beginning at 7:00 p.m. in the Council Chambers. It was noted, the December 6, 2004 work session would be held in the Council Chambers to discuss the development of the capital improvement project list, beginning at 7:00 p.m. Snow reported, a packet would be available with related materials. I-4b. December 9, 2004 -- Council, Airport Commission and Supplemental Master Plan Update Consultant, 7:00 p.m. (or immediately following the regular Airport Commission meeting) . Clerk Freas explained the Airport Manager had requested the Airport Commission meeting to be canceled because there were no issues to include on the agenda. It was requested the joint work session be held on Thursday, December 9, 2004, beginning at 7:00 p.m. Council approved the scheduled of the joint work session for December 9, 2004 in the Council Chambers. I-4c. December 15, 2004 -- Council and Legislators, 6:00 p.m. It was noted, the legislators had been notified of the intent of holding a work session with them on December 15, however it had not been officially set. Council approved the work session be scheduled for December 15, 2004 at 6:00 p.m. in the Council Chambers. I-5. Discussion -- Appointment of Student as City Council Representative The issue was included on the agenda as previously requested. Council Member Massie noted, he believed the involvement of a student representative would be an opportunity for their involvement in the process. Dennis Dunn, Principal, Kenai Central High School -- Dunn stated his address as 118 Wooded Glen, Kenai. Dunn stated his support of the development of a student representative to the council and suggested parameters, time frame, expectations, etc. be developed. KENAI CITY COUNCIL MEETING DECEMBER 1, 2004 PAGE 4 A brief discussion followed in which other issues needing to be considered were the length of the term the student would serve and participation (attending meetings, etc.). Porter and Massie will work with the school administration and bring the issue back for council discussion. Discussion -- Corps of Engineers/ Report on River Bank Stabilization Project. Patrick Fitzgerald, Corps of Engineers -- Fitzgerald gave an overview of the bluff stabilization project, including: • Conceptual designs of the project were developed prior to the Corps becoming involved. • An application was submitted to the Corps for a permit, which precipitated concerns from other agencies. • Funding was awarded to the city through the Corps for a study. • During the last two years, the Corps has collected baseline data of environmental impact through working with Fish 8v Game, doing field testing. • The information was compiled and a report prepared. • Though the report will not provide a recommendation, it will set the environmental consequences and then if the city can obtain funding, the project could then go forward with design, filing permit applications, etc. • An additional $500,000 in funding may become available for design work and after the project is designed, the city would then work with the legislative bodies to acquire funding and authorize the building of the project (must be included in the wording of the funding bill) . Fitzgerald suggested, when appropriate, the Corps be requested to provide the correct language needed to include in the bill through their Washington, DC drafting office. • An additional one to two years may be needed for development of the design and gathering of additional geo-technical information. During that time, the city would be working to acquire funding for construction of the project. • Fitzgerald will review the report with the agencies to indicate how their concerns were addressed, the city will receive a copy of the report for review, but the Corps will review it first. The public will also be given time for review and comment. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- It was noted, the next meeting will be held in January. J-29 Airport Commission -- It was noted, the December meeting was canceled, however a work session will be held at 7:00 p.m. with the council and the supplemental plan consultant. Council and audience were also invited to the ribbon KENAI CITY COUNCIL MEETING DECEMBER 1, 2004 PAGE 5 cutting for the Medallion Foundation's opening of their training area at the Kenai Airport to be held on December 7, 2004. J-3, Harbor Commission -- Massie noted, the next meeting would be held on Monday, December 6, 2004. J-4. Library Commission -- Council Member Gilman noted the next meeting would be held on Tuesday, December 7, 2004. J-5. Parks & Recreation Commission -- No report. J-6. Planning & Zoning Commission -- Council Member Moore noted the minutes of the last meeting were included in the packet. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- It was reported the next meeting would be held on Tuesday, December 14. J-7b, Alaska Municipal League Report -- No report. J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the next meeting would be held on December 9 at 5:30 p.m. J-7d. Stranded Gas Committee -- No report. 1 ITEM K: REPORT OF THE MAYOR -- Mayor Porter noted the following: • The Mediallion Foundation's ribbon cutting for the mini -training center, scheduled for December 7 at 5:30 p.m. • The reception celebrating the opening of the Governor's Office at the Old Carrs Mall would be held on Saturday, December 4, 2004. ITEM L: ADMINISTRATION REPORTS City Manager -- City Manager Snow noted the following: • The information item relating to congressional funding designated for the Medallion Foundation. • The information item relating to congressional funding of $500,000 designated to the Corps of Engineers for the next phase of the city's bluff restoration project. • Included in the packet was a status report relating to the Planning 8v Zoning Commission's development of a limited commercial zone. • She is working with Conoco -Phillips relating to a donation they want to make for the multipurpose facility through the Kenai Peninsula Hockey Association. KENAI CITY COUNCIL MEETING DECEMBER 1, 2004 PAGE 6 l • She was contacted by the bank regarding the Katmai Hotel and f Restaurant who requested a waiver from the lease requirement to maintain operations Snow noted, no council action was required; administration would appreciate comments from council; the bar was already closed; the bank is in the process of selling the building; and, it is not profitable for them have the cafe and hotel open and requiring them to continue would force the bank to lose money. Snow added, if the city requires the businesses to be kept open, and the bank chooses not to, the city may have to end the lease and take over the building; it would be administration's intention to require the building be maintained in good repair, snow plowed and maintain the yard if necessary. City Attorney Graves gave a brief history of the property ownership. A general discussion followed in which comments included: -- Moore stated he was not interested in waiving any of the provisions of the lease (closing the facility) as the matter could take years to conclude. -- Gilman disagreed, and explained he saw it as a large liability with the chance the city would have to take it over. -- Graves noted the parties involved and added, the city does not want to tear the building down or maintain it as either would be a significant cost. He added, he believed it was Snow's intention to give a set timeline to avoid a long-term scenario. -- Butler stated he agreed with Graves and would be interested in supporting the waiver if the timeline is known. Snow suggested one year, but stated she would support a shorter time if council supported it. Whether other leases include operating requirements was discussed briefly. Graves noted, the original lease for this property was signed in 1968 and there could be old leases which were in the same form. Gilman stated he believed leases were consensual by the city and the risks have to be weighed individually. Discussion continued related to a timeline. It was noted, a six month period could create an incentive for the bank/ buyer to deal with the issue better and one year would be too long. The consensus of council was a six-month period, but allow administration flexibility up to one year. • Noted an update as to the progress of developing a limited commercial zone was included in the packet. Council Member Moore stated he initially had concerns the Lawton Acres preliminary plat much larger lots compared to the lot sizes discussed for the limited commercial zone, however the proposed zone noted a "minimum" lot size. He added, he wanted council to be aware, the development of the zone and the preliminary plat was happening simultaneously. L-2. Attorney -- Attorney Graves noted the following: • Suggested he prepare a draft ordinance related to the appointment of a non -voting student liaison to council. Council agreed. • Stated he would be taking annual leave the last week in December. KENAI CITY COUNCIL MEETING DECEMBER 1, 2004 PAGE 7 L 3. ITEM M: City Clerk -- No report. DISCUSSION M-1. Citizens -- None. M-2, Council Moore -- Asked for an update to the Spisak lease and Snow reported she had prepared a letter and now had a specific mailing address to where she will mail it. Massie -- No comments. Gilman -- No comments. Butler -- Noted the following: • He sat in on the last KCVB board meeting and learned they are trying to do some creating things. They are also continuing the possibility of partnering with the Kenai Chamber. • The Borough would be receiving a large amount of money for wildfire protection and added, he wanted the city to be proactive in making sure the funds would be used for the mitigation program. Porter -- Noted she requested the City Clerk to write a letter to the Borough regarding the lack of "major road" designation to the City of Kenai, Nikiski and Hope in the Borough's Comprehensive Plan. She requested a copy of the letter be forwarded to members of the Assembly as well. EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 8:30 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk i� YN�k caw KENAI CITY COUNCIL MEETING DECEMBER 1, 2004 PAGE 8