Loading...
HomeMy WebLinkAbout2003-09-17 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 17, 2003 7:00 P.M., IMMEDIATELY FOLLOWING BOARD OF ADJUSTMENT HEARING KENAI CITY COUNCIL CHAMBERS h.tt www.ci.kenai. ak.us 6:00 P.M. -- Council/Staff Meeting Board of Adjustment Hearing, 7:00 P.M., Appeal of Planning 8s 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. ITEM A: CALL TO ORDER 1. Pledge of Allegiance l 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. Greg Getty -- Cemetery Donation ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2009-2003 (Fourth Public Hearing) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. 2. Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and Appropriations by a Net of <$9,155> in Two Senior Citizen Funds. 3. 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. 4. Resolution No. 2003-45 -- Adopting an Alternative Allocation Method for the FY04 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. 5. Resolution No. 2003-46 -- Supporting Senate Concurrent Resolution 12, Acknowledging the Natural Unfairness in the Current Local Governmental Structure and Requesting the Local Boundary Commission to Present a Recommendation for Borough Incorporation to the Legislature in Order to Formally Request Residents Living in Certain Unorganized Areas of Alaska to Help Operate and Financially Provide for Their Local School System. 6. Resolution No. 2003-47 -- Transferring $22,500 in the Wellhouse No. 4 Capital Project Fund for Engineering Services. 7. *Liquor License Transfer -- From Spencer Han, d/b/a New Peking Chinese Restaurant to Jennifer Lee, d/b/a New Peking Chinese Restaurant. 8. *Application for Restaurant Designation Permit -- Jennifer Lee, d/b/a New Peking Chinese Restaurant. ITEM E: COMMISSION/ OMMITTEE 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. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games TTRM F! MTMTTR,S 1. *Regular Meeting of September 3, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS l ITEM I• 1. NEW BUSINESS Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2016-2003 -- Increasing Estimated Revenues and Appropriations by $3,882.90 in the General Fund for an Alaska Highway Safety Grant to Purchase a Mobile Data Terminal. ITEM J: ITEM K: ITEM L: 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 SEPTEMBER 17, 2003 7:00 P.M., IMMEDIATELY FOLLOWING BOARD OF ADJUSTMENT HEARING KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us 6:00 P.M. -- Council/Staff Meeting Board of Adjustment Hearing, 7:00 P.M., 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. MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:50 p.m. (immediately following the Board of Adjustment Hearing) 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: Council Member John Osborne Mayor John J. Williams Council Member Linda Swarner Council Member Pat Porter Council Member Amy Jackman Vice Mayor James C. Bookey, III Council Member Joe Moore A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: K-2, Attorney Report -- Estimate relating to adding the Municipal Code to the city website. ADD TO: Information Item No. 1 -- CRG memorandum entitled, "Beach Parking Fees and the 'Public Trust Doctrine."' KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 2 MOTION: Council Member Bookey MOVED for approval of the agenda as amended and Council Member Jackman SECONDED the motion. There were no objections. SO ORDERED, A-4, CONSENT AGENDA 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 B-1, Greg Getty -- Cemetery Donation 1 Frank Getty spoke to Council and presented a check for the Kenai Cemetery Fund in � the amount of $2,757. 10. He noted, the funds were those already donated for a gazebo and he would like them to be used for that purpose. Getty stated he was aware of others who would be donating to the Fund in the future and hoped the gazebo could be built next year. Mayor Williams accepted the check and thanked Getty for his and his son's (Greg) volunteering efforts in maintaining the cemetery. A fundraiser/barbecue was suggested to be held and coincide with the Lions Club clean- up day of the cemetery in the spring. B-2. Jim Jenckes, 616 Maple Drive, Kenai Stated he would like to have the Recreation Center opened as soon as possible. He noted, he had reviewed the budget and estimated it would take approximately $104,000 a year to run the facility and with the revenue stream received from the use of the facility, he felt it would cost less than the maintenance agreement with the Boys & Girls Club. Williams noted, the council and administration were proceeding with steps to open the Center. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Neal Duperron, Representative Wolf staff member, gave a brief report of actions taken by Wolf s office to have grant funds reappropriated for the city to be used at the dock. Public Works Manager Kornelis gave an update of how the funds were expected to be used, i.e. an additional exit road. ITEM D: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 3 D-1, Ordinance No. 2009-2003 (Fourth Public Hearing) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. There were no public comments. Williams noted this was the fourth reading and the final reading would be held on November 5, 2003. The ordinance would now be forwarded back to the Planning & Zoning Commission with any additional comments for their final review. The public was encouraged to submit their comments in writing to administration by October 22 for final review by council on November 5. D-2, Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and Appropriations by a Net of <$9,155> in Two Senior Citizen Funds. MOTION: l Councilwoman Swarner MOVED for approval of Ordinance No. 2014-2003 and � Councilwoman Jackman SECONDED the motion. There were no public comments. Council Member Porter stated she didn't want the funds to be drawn unless they were absolutely needed. Finance Director Semmens assured her they would not be. VOTE: Osborne Yes Jackman Yes Williams Yes Bookey es Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-3, 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. MOTION. Council Member Bookey MOVED for approval of Ordinance No. 2015-2003 and Council Member Porter SECONDED the motion. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 4 Tom Moore -- Requested the proposed no -hunting area be amended and remove a portion of unpopulated property behind his home. A map was included in the packet reflecting the area he requested be removed from the amending ordinance. MOTION TO AMEND: Council Member Porter MOVED to amend the ordinance to reflect the area depicted on the map be removed from the areas where hunting is not allowed. Council Member Osborne SECONDED the motion. It was explained, the properties included in the original ordinance map were designated as no -hunting areas because of residences in the vicinity or the closeness of the area to the highway. Police Chief Kopp noted there are many residences in that area and it was their intention to remove the populated area. He agreed there were no residences in the area to which Moore was referring and felt there was no safety issue there. Administration was requested to investigate why the area north of Marathon Road is 1 also a no -hunting area. It was suggested the area may be closed to hunting due to the � area being in the flight path of the airport. It was suggested administration include the airport runway in the map which would better explain the no -hunting area. VOTE ON AMENDMENT: Osborne Yes Jackman Yes Williams Yes Bookey es Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. MOTION TO TABLE: Council Member Moore MOVED to table the amended ordinance until administration has time to investigate the other area closed to hunting and make the appropriate changes to the map. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. D-4. Resolution No. 2003-45 -- Adopting an Alternative Allocation Method for the FY04 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. MOTION: l \ KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 5 Council Member Bookey MOVED for approval of Resolution No. 2003-45 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-5, Resolution No. 2003-46 -- Supporting Senate Concurrent Resolution 12, Acknowledging the Natural Unfairness in the Current Local Governmental Structure and Requesting the Local Boundary Commission to Present a Recommendation for Borough Incorporation to the Legislature in Order to Formally Request Residents Living in Certain Unorganized Areas of Alaska to Help Operate and Financially Provide for Their Local School System. MOTION: Council Member Porter MOVED for approval of Resolution No. 2003-46 and Council Member Jackman SECONDED the motion. There were no public comments. It was requested "Alaska" be inserted before "Senate Concurrent Resolution" where it appears in the title, body, and "Now, Therefore" portions of the resolution. VOTE: Osborne Yes Jackman Yes Williams Yes Bookey es Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-6, Resolution No. 2003-47 -- Transferring $22,500 in the Wellhouse No. 4 Capital Project Fund for Engineering Services. MOTION: Council Member Jackman MOVED for approval of Resolution No. 2003-47 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 6 Kornelis explained, this location is accessible by Beaver Loop but on property the State of Alaska Department of Natural Resources controls. Permission to drill was recently received from the State. The property is in a triangle of other wells; would tie into back of Swires and Lawton; will alleviate the bottleneck of small lines; and, this area was considered earlier but because of the cost, it was felt to be important to try the Van Antwerp and Swires areas first. VOTE: There were no objections. SO ORDERED, D-7, Liquor License Transfer -- From Spencer Han, d/b/a New Peking Chinese Restaurant to Jennifer Lee, d/b/a New Peking Chinese Restaurant. Approved by consent agenda. D-8. Application for Restaurant Designation Permit -- Jennifer Lee, d/b/a New Peking Chinese Restaurant. Approved by consent agenda. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Swarner noted a meeting was held on September 4 and the meeting summary was included in the packet. E-2. Airport Commission -- Jackman noted the next meeting would be held in October. E-3. Harbor Commission -- Bookey reported a meeting was held on September 8; the meeting summary was included in the packet; the dip net fishery report was reviewed; and, a recommendation was made relating to the 50' setback, but because the administration's report had not yet been available for the Commission's review, the issue will be returned to them for further discussion. Discussion followed relating to the dip net fishery report and administration was commended for the information and recommendations made in the report. The general discussion continued with the following suggestions: • Have the Harbor Commission revisit the report at their November meeting. • Return the report to council as a regular agenda item after the Harbor Commission's November meeting. l KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 7 • Thought should be given to capitalizing on the fishery, i.e. enlarging the dock area, do a stream rehabilitation program in the No -Name Creek area; and, develop a vendor area. • No final decisions should be made until the next budget review is complete. Council accepted the resignation of Kathleen Simon from the Harbor Commission. A thank -you letter will be prepared and forwarded. It was noted, no applications were available for appointment. D-4. Library Commission -- Moore noted the next regularly scheduled meeting is set for October 7, however council had been notified earlier in the day there would be no quorum available for the meeting. There were no objections voiced by council to canceling the October meeting. Emily DeForest, Library Commission Chair stated she felt the new bi-monthly meeting schedule was not conducive to good business because it is difficult for the department representative to talk and take notes at the same time and is inconvenient for commission members. She added, she hoped council would consider changing �1 � g the meeting schedule, etc. back to a monthly schedule. Williams noted, council understood her concerns, but did not want to make a change at this time. D-5. Parks & Recreation Commission -- Porter reported the Commission met on September 4 and discussed the Kenai Soccer Association's request for next year's use of the old FAA field; draft cemetery regulation amendments; and the multipurpose facility dasher board and banner program. The meeting summary_ was included in the packet. D-6. Planning & Zoning Commission -- Osborne reviewed the minutes of the September 10 meeting which were included in the packet, noting two plats were approved. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the meeting summary for the September 4 meeting were included in the packet. D-7b. Kenai Convention &Visitors Bureau Board -- Bookey reported the next meeting will be held on September 29 and minutes of the July meeting were included in the packet. Executive Director Ricky Gease reviewed information and reports included in the packet. D-7c. Alaska Municipal League Report -- A general discussion took place relating to the November meeting in Nome and the proposed S.T.I.P. share program. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 8 D-7d, Kenai Chamber of Commerce -- No report. D-7e. Arctic Winter Games -- Moore noted the August meeting minutes were included in the packet and he reviewed actions taken. He noted, the contract between the Host Society and the Borough had been approved by the Borough Assembly at their September 16 meeting. Moore also reported the board was in need of 2,000 s.f. of office space with a conference room for the Host Society's use from now through the Games. Porter suggested the use of the upstairs in the PRISM building. It was also suggested the use of the facility could be the city's (or a portion) in -kind donation. MOTION: Council Member Porter MOVED to direct administration to contact the Arctic Winter Games Host Society as soon as possible to offer the upstairs of the PRISM building for their use and as an in -kind contribution of the city. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of September 3, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE -- None ITEM H: OLD BUSINESS -- None ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills and Council Member Jackman 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 Jackman SECONDED the motion. There were no objections. SO ORDERED, I-3. Ordinance No. 2016-2003 -- Increasing Estimated Revenues and Appropriations by $3,882.90 in the General Fund for an Alaska Highway } Safety Grant to Purchase a Mobile Data Terminal. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 9 Introduced by consent agenda. ITEM J: REPORT OF THE MAYOR -- None ITEM K: ADMINISTRATION REPORTS K-14, City Manager -- Snow noted the department head reports were included in the packet and added, a memorandum relating to code enforcement will be forthcoming to council. K-2. Attorney -- City Attorney Graves noted: • The City will begin collecting non -contested traffic fines October 1. • Referred to the memorandum added to the agenda relating to the Kenai Municipal Code in a searchable format on the city website. Due to budget constraints, the contract for maintaining the code on the website was changed and it was proposed the city do it in-house. He noted the cost to set it up would approximately $400 and he would be using his account to cover the costs. After the initial set up, his office would manage the updating. • Referring to a memorandum relating to commission and committee absences included in the packet, Graves asked if council wanted to amend the code to accommodate the new bi-monthly meeting schedule. Council had no objections and directed the meeting absence limit would be within a six-month period. • Noting a previous discussion relating to size limits on city commissions, Graves advised a code revision would be necessary to add flexibility to the code and allow a larger group on a task force. A brief discussion followed in which Williams explained the need for a larger group for the proposed Millennium Square Task Force. He added, a large task force would allow inclusion of a variety of representatives of different areas of public and private business, activity groups, etc. to discuss what and how to develop the area, as well as discuss formulating a ten-year economic plan for the city. It was suggested the initial work would be to develop a task force first. • He will be participating in an arson school during the firefighter conference along with Judge Brown. K-34, City Clerk -- Referring to information included in the packet, Clerk Freas noted she had been requested to collect information from other clerks in the state relating to deadlines for preparing council packets and advertising of meetings. Porter thanked Freas for the collection of the information and noted Kenai's advertising, etc. was comparable to other cities in the state. ITEM L: DISCUSSION Citizens -- None r KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 PAGE 10 L-2. Council -- Bookey -- No comments. Swarner -- Noted she would not be at the October Moore -- No comments. Porter -- No comments. Osborne -- No comments. Jackman -- No comments. Williams -- No comments. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 9:42 p.m. Minutes transcribed and prepared by: C�C�s�-G� r/S - ✓�i��� Carol L. Freas, City Clerk 1 meeting.