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HomeMy WebLinkAbout2003-03-05 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwvw.ci.kenai.ak.u.s 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: ITEM C ITEM D: SCHEDULED PUBLIC COMMENTS (10 minutes) REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS PUBLIC HEARINGS 1. Ordinance No. 1993-2003 -- Increasing Estimated Revenues and Appropriations by $1,782 in the General Fund Library Department for a State Grant. 2. Ordinance No. 1994-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Parks and Recreation in the RR, RR 1, RS, RS 1, RS2, RU Zones From a Secondary Use to a Conditional Use and, in the IL and IH Zones, From a Secondary Use to a Principal Permitted Use. 3. Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D." and Designating What Improvements are to be Included in This Project. ITEM E: 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 l a. Beautification Committee 1 b. Kenai Convention &Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce 1. *Regular Meeting of February 19, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: 1. 2. 3. 4. ITEM K: 1. 2. 3. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt -Out Provision of the Public Employees Retirement System (PERS) as Stated in AS 39.35.150(b) and/or Opt Out of Municipal Medical and Hospital Insurance. Discussion -- Schedule Volunteer Appreciation Event REPORT OF THE MAYOR ADMINISTRATION REPORTS City Manager Attorney City Clerk DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS tt www.ci.kenai.ak.us VICE MAYOR JAMES C. BOOKEY, IIII, PRESIDING MINUTES ITEM A: CALL TO ORDER Vice Mayor Bookey 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 Vice Mayor Bookey led those assembled in the Pledge of Allegiance. A-2, ROLL CALL Roll was taken by the City Clerk. Present were: Jackman, Bookey, Moore, and Porter. Absent was: Williams and Swarner A-3. AGENDA APPROVAL Vice Mayor requested the following changes to the agenda: ADD TO: D-3, Resolution No. 2003-11 regarding McCollum/ Aliak Drives proposed LID: • 3 / 3 / 03 Deborah A. Rapp letter objecting to the paving. • 3/5/2003 Phil Nash/Kenai Lions Club "conditional objection." MOTION: Councilman Moore MOVED to approve the agenda as amended and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. A-4. - CONSENT AGENDA MOTION: Councilman Moore MOVED to approve the consent agenda as presented and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS -- None. 1 ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS No report. KENAI CITY COUNICL MEETING MINUTES MARCH 5, 2003 PAGE 2 ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 1993-2003 -- Increasing Estimated Revenues and Appropriations by $1,782 in the General Fund Library Department for a State Grant. MOTION: Councilman Moore MOVED to adopt Ordinance No. 1993-2003 and Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: Jackman Yes Williams Absent Bookey Yes Swarner Absent I Moore Yes I Porter Yes MOTION PASSED UNANIMOUSLY. D-2. Ordinance No. 1994-2003 -- Amending the Land Use Table in KMC 14, 22.010 to Change Parks and Recreation in the RR, RR 1, RS, RS 1, RS2, RU Zones From a Secondary Use to a Conditional Use and, in the IL and IH Zones, From a Secondary Use to a Principal Permitted Use. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1994-2003 and Councilwoman Jackman SECONDED the motion. There were no public comments. Attorney Graves explained the ordinance was written because there had been several times in the Land Use Table where Parks and Recreation were listed as a secondary use. Because secondary use is a somewhat gray area between conditional use and principle permitted use, a clarification was suggested initially making parks and recreation as principle permitted use in all zones. The Parks & Recreation Commission reviewed the proposed changes and suggested the secondary use changed to a principle -permitted use only in the Light Industrial and Heavy Industrial zones and conditional use in the other zones. They felt review may be needed for a park that could be developed in residential zones. D-3. Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D." and Designating What Improvements are to be Included in This Project. KENAI CITY COUNICL MEETING MINUTES ) MARCH 5, 2003 PAGE 3 MOTION: Councilman Moore MOVED for approval of Resolution No. 2003-11 and Councilwoman Jackman SECONDED the motion. Vice Mayor Bookey explained, because two of the council members were absent from the meeting, leaving only four members to vote on the issue, he would request a continuance of the public hearing after comments were heard from those members of the public in the audience. Barbara Waters, 311 Kulilla Place, Kenai. Waters explained she was representing the Kenai Grace Brethren Church who would prefer not to pave at this time because of the cost. However, should their neighbors and friends choose to go forward with the paving, they will support them and would request be assessed at the 25% linear foot - based assessment. John Preston, Kenai Lions Club -- Preston referred to the letter added to the record at the beginning of the meeting submitted by Attorney Phil Nash on behalf of the Kenai Lions Club. Preston explained, their very small parcel of property lies along the Kenai Spur Highway; the property was donated to the Club on the condition it be used as a memorial for those who donated it; and, their only purpose for the property is to hold their "Welcome to Kenai" sign. Preston stated the Club would like a waiver or exemption from the assessment as they feel they would have to ask for donations from the community to pay for it. Referring to the letter, he noted the Club is confused as to how the assessment would affect them and not sure how it would affect the 25% of the assessed value, Preston added, they are willing to work with the city and donate a portion of the property for the right- of-way of the highway as they have no other use for the property except for the signage. Janice Szabo, 1105 Aliak Drive, Kenai -- Stated she would like to have the road paved because of the dust. She added, she would prefer to be assessed on the linear foot basis. She noted, her property is 132 feet across the front of the property, but 300 foot on the back which would not be benefited by the paving. Szabo stated, she did not know if a government lot is considered a subdivided area as explained in the information sent with the assessment information. Szabo stated she preferred the linear foot assessment. Ray Espy, 403 McCollum, Kenai -- Stated he was in favor of the paving. He noted, for much of his life he has lived along gravel roads and believes it is time to pave McCollum. Es stated he referred the linear foot assessment even though his Espy p th u g property is rectangular. KENAI CITY COUNICL MEETING MINUTES MARCH 5 2003 PAGE 4 Teresa Werner-Quade, 409 McCollum Drive and also has property at 1001 Aliak, 506 Japonski and 508 Japonski -- Stated she is not in favor of the paving project but if the project goes forward, she would prefer the square foot calculation as the savings to her on the square foot calculation would be almost $3,000. Sylvia Stuart, 401 McCollum, Kenai -- Stated she and her husband preferred paving and the linear foot calculation instead of the square foot. Moore referred to the Nash letter on behalf of the Lions Club and questioned their offer to either exchange a portion of the property in order to widen or straighten the roadway to offset the cost of the project. He asked if it would be an exchange for a waiver on the assessment. Preston stated it would be a wavier or a reduction. City Manager Snow noted she did not know if a waiver or reduction like this had been done in the past. However, in regard to the project, Snow noted it was still unknown whether the project would go forward as there were still issues regarding road right-of- ways. Snow noted, they would work with the Club in resolving the problems. Public Works Manager Kornelis noted he was not aware of any reductions offers made in the past. He reviewed the 25% rule and noted, the Lions Club property is the only property on this assessment roll that exceeds the 25% rule using the Kenai Peninsula Borough assessed value. He added, the Borough's assessed values are what have been used in the past for calculations, but they don't take into effect any improvements that could have been added. Preston added, they are unable to place a structure on the property and because of that, they pay city taxes. If the property were big enough for placement of a structure, they could request an exemption of city taxes. He added, the Lions Club wants to be a good neighbor and feel paving is important, but because they are a non-profit, they would be requesting donations from the community to pay for their portion of the paving costs. MOTION: Councilman Moore MOVED to continue the hearing until the next meeting and Councilwoman Jackman SECONDED the motion. Bookey again noted, the reason to continue the hearing was to have a full council present to vote on the issue. He added, he felt that would be more fair to the public and council as currently, at this meeting, one vote could kill the matter. Bookey also reminded the audience, the project was contingent upon receipt of funding from the Legislature. VOTE: KENAI CITY COUNICL MEETING MINUTES MARCH 5, 2003 PAGE 5 Councilman Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Bookey explained, the matter would be on the March 19 council meeting agenda and the public was invited to attend and give additional testimony. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- No report. E-2. Airport Commission -- Jackman noted, the minutes of the February meeting were included in the packet. The next meeting was scheduled for March 13. E-3. Harbor Commission -- Bookey reported the next meeting was scheduled for Monday, March 10. Public Works Manager Kornelis noted he had nothing for the agenda of the meeting and requested the meeting be cancelled. Council had no objections. E-4. Library Commission -- Porter stated she attended the meeting for Councilman Moore and reported the following: • Several students from the KCHS government class attend the meeting • A lengthy discussion regarding the budget was held. • They are investigating the establishment of a library foundation. • It was suggested another resident survey be taken to better indicate the services the citizens want, etc. It was suggested the survey be done after the budget is approved and the residents have time to get accustomed to cuts that may be coming. Bookey agreed. E-5. Parks & Recreation Commission -- Porter reported the next meeting was scheduled for March 6. E-6. Planning & Zoning Commission -- Bookey reported he attended the meeting and a preliminary plat and recommended code change regarding Parks and Recreation were approved. He also noted Barry Eldridge was sworn in as the newest member to the Commission. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- It was reported the next meeting was scheduled for March 11. E-7b, Kenai Convention 8a Visitors Bureau Board -- It was reported the next � meeting would be held March 11. l KENAI CITY COUNICL MEETING MINUTES � MARCH 5, 2003 PAGE 6 E-7c. Alaska Municipal League Report -- City Manager Snow referred to a fax alert distributed to council regarding Revenue Sharing/ Safe Communities funding reduction concerns. Snow reported she, Attorney Graves, Finance Director Semmens and Mayor Williams attended a teleconference at which it was reported the Governor's budget recommended Safe Communities funding be cut 25% (equaling approximately $75,000 for Kenai) and the municipal matching grant funding would remain about the same. E-7d. Kenai Chamber of Commerce -- Tim Navarre, Chamber Board member, reported the following: • The executive director and assistant positions had been vacated and applications were being taken for replacements. • The first meeting of the July 4th planning committee had been scheduled for April 4. Letters are being sent out to community organizations inviting them to get involved. ITEM F: MINUTES F-1. Regular Meeting of February 19, 2003. ITEM G: CORRESPONDENCE -- None. ITEM H: ITEM I: OLD BUSINESS -- None. NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Moore MOVED to pay the bills and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED, I-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Moore MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNICL MEETING MINUTES MARCH 5, 2003 PAGE 7 I-3. Ordinance No. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt -Out Provision of the Public Employees Retirement System (PERS) as Stated in AS 39.35.150(b) and/or Opt Out of Municipal Medical and Hospital Insurance. Introduced by consent agenda. I-4. Discussion -- Schedule Volunteer Appreciation Event A memorandum was included in the packet regarding National Volunteer Day and council's desires whether to hold a Volunteer Appreciation event, what type of event, and when. The memorandum also questioned whether council wanted an advertisement listing all the city's volunteers to run. After a brief discussion, the date for the event was set for April 25 at the Senior Center. The type of event will be discussed further at the March 19 council meeting. Council also approved the newspaper advertisement. ITEM J: ITEM K: REPORT OF THE MAYOR -- No report. ADMINISTRATION REPORTS K-1, City Manager -- City Manager Snow reported the following. - Referred to the Public Works Report (Information Item No. 3) indicating DEC has stated the old antenna site has been determined as clean and the transfer of ownership can be made as soon as a written report is completed. • The water rate study is available for review. A memorandum noting Administration's findings from the study will be included in the next council packet. • A report has been issued indicating there is $500,000 in federal funding for the Kenai River, though it has not been identified clearly whether the funds are for Kenai or perhaps a Soldotna trail project. Administration is investigating. • She has received from the Corps of Engineers the study plans for determining the scopes of work for the areas at issue in regard to the coastal trail (hydrological, sedimentation, bank stabilization, etc.) . Snow added, the Corps had also indicated target dates for the studies to be completed. K-2. Attorney -- Attorney Graves reported the following: • He, Parks Director Frates and Public Works Manager La Shot met with a representative from the Anchorage Solid Waste Department to review the plans of the proposed use of the Section 36 property. He has prepared a summary of the meeting and it will be included in the next meeting's packet. Graves noted, several suggestions were made in regard to the placement of the parking lot and the only problem now is funding. KENAI CITY COUNICL MEETING MINUTES MARCH 5, 2003 PAGE 8 • Referred to the City's HIPAA privacy policy included in the packet and noted, the city would be in compliance with this submission and another policy will be required to be submitted to the federal government next year. This was another unfounded mandate which was very complicated and detailed, taking a lot of time for him and other departments involved. K-3. City Clerk -- Clerk Freas reported the following: • A letter from the Kenai River Festival committee requesting donations was included in the packet. She noted the Legislative budget had $300 included in it for this purpose. Council had no obj ections to forwarding the donation. • Noted a request had been received from the KCHS After -Prom Committee for use of the Recreation Center at no cost. MOTION: Councilwoman Porter MOVED to waive the fee for the After -Prom Activities Committee for use of the Recreation Center and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. • Noted the joint work session with the Airport Commission originally scheduled for April 9 has been changed to April 23 due to travel schedule changes of the Transportation Security Administration representatives. ITEM L: DISCUSSION L-1. Citizens -- None. L-2. Council -- Moore -- Reported a street light out on Forest Drive near the Sears Elementary School exit. Porter -- • Asked if Snow had extended an invitation to the Borough Assembly members to tour the fire training facility. Snow indicated she had not, but would during the next days. • Asked if the dirt mound along Marathon Road could be leveled as it appeared to be an attractive nuisance. A brief discussion followed in which it was noted the dirt was mostly good and useable. Administration was requested to investigate if something could be done to lessen the stated concerns. Jackman -- No comments. Bookey -- No comments. EXECUTIVE SESSION - None Scheduled KENAI CITY COUNICL MEETING MINUTES MARCH 5, 2003 PAGE 9 ITEM M: ADJOURNMENT The meeting adjourned at approximately 7 : 59 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk -nATIF CLEW