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HomeMy WebLinkAbout2003-09-03 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 3, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z Zwww.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: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2009-2003 (Third Public Hearing) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. 2. Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better Describe and Clarify the Meaning of "Contractual Services of a Professional Nature." 3. Ordinance No. 2013-2003 -- Increasing Estimated Revenues and Appropriations by $1,056,207 for Airport Grants. 4. Resolution No. 2003-44 -- Supporting Water Quality Monitoring of the Kenai River Watershed. ITEM E: 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. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games ITEM F: 1. ITEM G: MINUTES *Regular Meeting of August 20, 2003. CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: 1. 2. 3. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and Appropriations by a Net of <$9,155> in Two Senior Citizen Funds. 4. *Ordinance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine the Allowed Hunting Areas Within the City and Replace the Maps of Those Areas With an Updated One. 5. Approval -- Petition to Vacate 20-Feet of the 50-Foot Right -of -Way Easement Along the Easterly Boundary of Government Lot 133 as Recorded in Book 30, Page 251 of the Kenai Recording District, All Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2003-163 -- John M. 8. Cynthia K. Shankel, Petitioners. 6. Discussion -- Schedule a Board of Adjustment Hearing for Appeal of Planning & Zoning Commission Denial of PZ03-33, An application to amend PZ02-43 to modify the Conditional Use Permit for grooming to remove the fencing as required by the Board of Adjustment. Application for property known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4th Avenue) , Kenai, Alaska. Nancy Henricksen d/ b / a Groomingdales, 1802 4thAvenue, Kenai, Alaska, Appellant. 7. Discussion -- Special Assessment Petition/Set Net Drive From VIP Drive East to Watergate Way. ITEM J: REPORT OF THE MAYOR J ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Evaluations of City Attorney and City Clerk ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 3, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwwv.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MTNTITRS ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:06 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: Pat Porter John Osborne Amy Jackman John J. Williams, Mayor James C. Bookey, III, Vice Mayor Linda Swarner Joe Moore A-39 AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: D-2, 9 / 2 / 03 C. Graves memorandum regarding R. Molloy's comments on Ordinance No. 2012-03, Amending KMC 7.15.050 to Better Describe and Clarify the Meaning of "Contractual Services of a Professional Nature." ADD TO: J-1, Mayor's Report -- Letter from Kenai Peninsula Economic Development District, Inc. regarding City of Kenai representative seat availability to the Board of Directors. ADD AS: Information Item No. 3, Tobacco Control Alliance information relating to the City of Kenai's smoking ordinance. MOTION: Council Member Bookey MOVED to approve the agenda as amended and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. 1 A-4. CONSENT AGENDA ;. KENAI CITY COUNCIL MEETING SEPTEMBER 3 2003 PAGE 2 MOTION: Council Member Bookey MOVED for approval of 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: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Glick gave a report of actions taken by the Assembly during their September 2, 2003 meeting. Comments and questions following the report were: • Relating to a funding reforestation, some of the city's issues in this regard are to be addressed in the borough agreement. • Some beetle -killed trees in the gullies within the city will not fall under the parameters of the area to be mitigated along the roadway (90 foot right-of-way) . • The incinerator will be placed again north of the city and will be there two times a year. • The priority of mitigation work is access routes, however other programs are being investigated to continue the work past the 90 foot right of way. • Relating to SCR 12, a resolution in support is to be prepared for the September 17 meeting. ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 2009-2003 (Third Public Hearing) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. Mayor Williams opened the floor for the third public hearing on Ordinance No. 2009- 2003. It was noted the Borough's update of their comprehensive plan was at least six months away. City Manager Snow reported comments were expected from the native associations. With no further comments, the public hearing was closed. D-2. Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better Describe and Clarify the Meaning of "Contractual Services of a Professional Nature." MOTION: Council Member Porter MOVED for approval of Ordinance No. 2012-2003 and Council Member Bookey SECONDED the motion. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 3 Robert Molloy, 110 South willow, Suite 101, Kenai -- Molloy stated his opposition to Ordinance No. 2012-2003 in its present format because of the broad definition of what professional services include and with a broad definition, he felt it could allow sole source awards, insider dealing, etc. He also stated he felt the lack of procedures included in the ordinance could be a problem and requested council to do more than revise the definition, but also update the purchasing code as well. There were no further public comments. Mayor Williams read from portions of the Kenai Municipal Code and the Kenai Charter relating to powers of the council, ability to speak to issues, make decisions, etc. He thanked Molloy for submitting his written comments, though he disagreed with many of them. Williams noted, the final elements of what Molloy suggested refer to the Boys & Girls Club contract and to open the Center with temporary employees, Williams explained, at this time there were no mechanics in place currently with which to open the facility due to processes required to appropriate funding, etc. He added, the council is ready to move ahead and open the facility as soon as possible. Williams stated he would support the ordinance as it was designed by the legal staff and requested council to do that also. Bookey stated he reviewed the Charter and came to the same conclusion as Williams. He added, he was confident with council's actions to date and would support the ordinance. He added, council needed to move forward and if desired to review the code and Charter, it could be done some time in the future. Swarner referred to Molloy's memorandum and questioned Item 10, requesting a valid business license, etc. She asked if the city does not already require copies of business licenses, etc. Attorney Graves stated the city does require them, that bid specifications require those types of licenses, as well as workers' compensation certificates, liability insurance certificates, etc. If the contract is for a very small amount of work, liability insurance may not be required. Moore stated he too would support the ordinance as it is something on which the council could take action and in passing the ordinance, they can move closer toward opening the Center. Porter agreed and added, she felt the ordinance was fine as presented and wanted to open the Center as soon as possible. Porter stated her support for the ordinance. Jackman stated her desire to do the job correctly the first time and felt the ordinance was flawed and there could be future problems for future councils. Jackman stated she would not support the ordinance. She added, she has been in support of opening the Recreation Center from the beginning and did not want to stall the opening further. 1 KENAI CITY COUNCIL MEETING 1 SEPTEMBER 3, 2003 PAGE 4 Osborne stated he read over the ordinance and listened to the comments. He stated he would not support the ordinance as he felt it would remove the ability for a competitive bid. Bookey stated he did not think there is an ordinance in the code that could not be challenged and he would not support the ordinance if he didn't feel it was not a good ordinance. Porter explained, the only reason council was amending this ordinance was because the court system said the current ordinance was not designed good enough. The City Attorney was requested to rewrite it and design an ordinance to clear up the ordinance and make it more descriptive. Council is attempting to satisfy the court order. Williams asked Graves if council passed the ordinance, how soon a request for qualifications could be issued. Graves stated administration could draft an request for qualifications during the time required for an ordinance to become effective (30 days from passage). After it becomes effective, the request could be made public. VOTE: Porter Yes Osborne No Jackman No Williams Yes Bookey Yes Swarner Yes Moore Yes MOTION PASSED. BREAK TAKEN: 8:10 P.M. BACK TO ORDER: 8:29 P.M. D-3. Ordinance No. 2013-2003 -- Increasing Estimated Revenues and Appropriations by $1,056,207 for Airport Grants. MOTION: Council Member Jackman MOVED for approval of Ordinance No. 2013-2003 and Council Member Osborne SECONDED the motion. There were no public or council comments. VOTE: Porter Yes Osborne Yes Jackman Yes Williams Yes Booke Yes Swarner Yes Moore Yes KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 5 MOTION PASSED UNANIMOUSLY. D-4. Resolution No. 2003-44 -- Supporting Water Quality Monitoring of the Kenai River Watershed. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2003-44 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Council comments of support noted the monitoring is sometimes helpful for the city and sometimes not, but it should be kept going; the original intent of the monitoring funds were to be used locally; and, the continued collection of data will help in issues which affect the lower part of the river. VOTE: There were no objections. SO ORDERED. Mayor Williams requested council to move Item I-7 forward for discussion at this time. Council had no objections. I-7. Discussion -- Special Assessment Petition/ Set Net Drive From VIP Drive East to Watergate Way. Birlene Driskill, 750 Setnet Drive, VIP Addition -- Driskill reported she and other residents of the subdivision had submitted a request for Set Net Drive on the east side, to be paved. She added, they were told there were no funds, but they wanted to be first in line if funds come available. They also wanted to know if the city could place a proposition for bonding on a ballot. Discussion followed in which council acknowledged they had discussed the ability to bond paving projects and were told it is possible. Porter suggested council consider requesting the bonding on next year's ballot. Moore referred to the McCollum/Aliak Drive petition which had been in progress but was discontinued due to lack of funding (it was noted the property owners were informed of by letter of this decision) . He asked if there is a mechanism for "getting in line." Attorney Graves was asked if the city could bond for paving project in the entire city or only for specific projects. Graves stated he spoke with the city's bond counsel and he indicated he believed the city could bond for road improvements without stating the specific road. The language of the proposition could state the intention for use of the funds. '* KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 6 Williams suggested administration track the requests for paving until next year in time for including a proposition on the ballot. Swarner suggested the question of who would like paving done in the city could be placed on the website as well. Moore asked if the McCollum/Aliak project would be "grandfathered in" with the 75 / 25 split which was the split at the time that petition was in process. Graves stated that question had come up and he felt after a certain amount of time the process would have, to begin again due to property changing hands, etc. The code does not have a firm time line and the property owners had been informed of this through a letter sent by the Public Works Department. Administration was requested to firm up the time line. Also, a letter to the McCollum/Aliak property owners should be sent in six months and ask if they still want to be included in an assessment district. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Council Member Swarner reported a meeting would be held on Thursday, September 4. E-2. Airport Commission -- Council Member Jackman reported the next meeting will be held October 9. Two openings on the commission were noted. Williams recommended James Zirul for appointment to the "at -large" seat and council had no obj ections. The second appointment for a "lessee" seat will be made at a future meeting. E-3. Harbor Commission -- Council Member Bookey noted the next meeting would be held on Monday, September 9. E-4. Library Commission -- Council Member Moore reported the next meeting would be held October 7. E-5. Parks & Recreation Commission -- Council Member Porter reported the next meeting would be held September 4. E-6. Planning & Zoning Commission -- Council Member Osborne reported the Commission met on August 27 and he reviewed actions taken. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the next meeting would be held September 9. E-7b. Kenai Convention & Visitors Bureau Board -- No report. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 7 E-7c. Alaska Municipal League Report -- Administration was requested to work on awards of excellence for submission by October 1. E-7d. Kenai Chamber of Commerce -- No report. E-7e. Arctic Winter Games -- Moore reported the next meeting would be held September 11. Relating to Council Member Jackman's request for a report to the council, Moore stated a report was being prepared and would be given in the near future. ITEM F: F-1. ITEM G: ITEM H: ITEM I: MINUTES Regular Meeting of August 20, 2003 -- Approved by consent agenda. CORRESPONDENCE -- None OLD BUSINESS -- None NEW BUSINESS 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 and requested UNANIMOUS CONSENT. 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 and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, I-3. Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and Appropriations by a Net of <$9,155> in Two Senior Citizen Funds. Introduced by consent agenda. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 8 I-4. Ordinance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine the Allowed Hunting Areas Within the City and Replace the Maps of Those Areas With an Updated One. Introduced by consent agenda. I-5. Approval -- Petition to Vacate 20-Feet of the 50-Foot Right -of -Way Easement Along the Easterly Boundary of Government Lot 133 as Recorded in Book 30, Page 251 of the Kenai Recording District, All Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2003-163 -- John M. & Cynthia K. Shankel, Petitioners. It was reported the Planning & Zoning Commission reviewed the vacation and discussed the intent.. The vacation will allow the lot to become a conforming lot and the Commission had no objections. After a brief discussion, Williams requested Lot 120(c), America Subdivision be reviewed. Council consensus was of no objection to the vacation and Clerk Freas was instructed to send a letter of non -objection to the Borough Planning Department. I=6. Discussion -- Schedule a Board of Adjustment Hearing for Appeal of Planning 8. Zoning Commission Denial of PZ03-33, An application to amend PZ02-43 to modify the Conditional Use Permit for grooming to remove the fencing as required by the Board of Adjustment. Application for property known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4th Avenue) , Kenai, Alaska. Nancy Henricksen d / b / a Groomingdales, 1802 4thAvenue, Kenai, Alaska, Appellant. City Attorney Graves explained, though the Board of Adjustment had given direction during a former appeal, the Code allows a person to apply for a modification to a Condition Use Permit (CUP). The appellant submitted an application to modify her CUP and the Planning 8s Zoning Commission denied the modification; thus the appeal. Council set a Board of Adjustment Hearing for 7:00 p.m., September 17, 2003 and the regular council meeting scheduled for that evening will immediately follow. I-7. Discussion -- Special Assessment Petition/Set Net Drive From VIP Drive East to Watergate Way. 1 Discussed earlier in the meeting. �KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 9 ITEM J: REPORT OF THE MAYOR -- Mayor Williams noted the following: • He would like to create a Millennium Square Task Force of up to 15 people. Duties of the group are being drafted. Issues for the group will be to address what to do with Millennium Square and to examine the issue of future economics over the next decade. He requested Graves to draft an outline of the organization to fit within the city's structure. • The Borough will be hosting a reception on September 5 to recognize the members of the Sister -Cities group from Japan. • Reminded those present of the Peninsula Food Bank Soup Supper on September 5. • Announced a rally would be held at the Soldotna Sports Center on September 11 and begin at 7:30 p.m. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Snow noted the following: • She will be meeting with the Building Department, City Attorney, and Police to discuss code compliance issues and processes. A report will be brought back to council. • Coastal Trail update. • From concerns heard relating to the bike path, Public Works Manager Kornelis contacted the Department of Transportation. They stated they would seal the problem areas of the pavement if the city would remove the vegetation causing the problems in the pavement. • Relating to the Bridge Access Bike Path, it was learned the development of the project had been set back to 2008. K-2. Attorney -- Attorney Graves reported a replacement had been appointed to Judge Link's position as a Superior Court Judge. He also noted, the dedication of the aviary at the Court House, naming it for Judge Link, had been postponed to early October. He will inform council of the new date. K-3. City Clerk -- Clerk Freas reviewed a list of those people who have agreed to act as Precinct Election Boards for the City/ Borough election of October 7. Council had no obj ections. Freas also noted there were several people who have decided not to continue as election judges and who have acted in that capacity for many, many years. It was suggested she write a heartfelt thank you to those workers. ITEM L: DISCUSSION L-1. Citizens -- None. L-2. Council KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 10 Bookey -- No comments. Swarner - No comments. Moore -- No comments. Porter -- No comments. Osborne- -- Requested investigation of several junk cars parked near his home. Jackman -- Reminded all of the 9 / 11 Rally at the Sports Center and a Twin Cities Blood Drive earlier in the afternoon. Williams -- Noted the restructuring of the Economic Development District due to the resignation of the executive director. Randy Daly, the city's representative to the group agreed has a eed to act as the interim executive director and therefore, is required to resign his position. Williams recommended the appointment of Casey Reynolds to replace Daly as the city's representative. Council had no objections. EXECUTIVE SESSION -- Evaluations of City Attorney and City Clerk MOTION: Council Member Bookey MOVED to convene in an executive session of the council of the City of Kenai concerning matters that tend to prejudice the reputation and character of another and hold annual evaluations of the City Attorney and City Clerk. Council Member Porter SECONDED the motion. There were no objections. 30 ORDERED. Williams noted a brief break would be taken and the council would convene immediately following. BREAK TAKEN: 9:46 P.M. BACK TO ORDER: 10:54 P.M. Council Member Bookey reported the council met with City Clerk Freas and City Attorney Graves. Both received good reports and they would be retaining their positions for another year. ITEM M: ADJOURNMENT The meeting adjourned at approximately 10:55 p.m. Minutes transcribed and pre aced by: APPROVED BY COUNCIL Carol L. Freas, City Clerk MA o e- CLOK. i�.4�