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HomeMy WebLinkAbout2002-07-03 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 3, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us 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: PUBLIC HEARINGS 1. Ordinance No. 1960-2002 -- Increasing Estimated Revenues and Appropriations by $9,691 in the General end for Purchase of a Copier. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 2. Ordinance No. 1961-2002 -- Increasing Estimated Revenues and Appropriations for Increased Insurance Costs. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 3. Resolution No. 2002-48 -- Reaffirming its Support of the State of Alaska DOT/ PF in its Effort to Properly Construct a Safe, Separated Pedestrian and Bike Path Along the Bridge Access Road. 4. Resolution No. 2002-49 -- Assessing Costs of Abatement at 1218 Lilac, Kenai, Alaska in the Amount of $5,200 as a Lien on the Property. 5. Resolution No. 2002-50 -- Adopting a Name for the Right -Of -Way Located North of Willow Street to the Airport Proper to be Named Gee Bee Avenue. -1- 6. Resolution No. 2002-51-- Transferring $4,000 in the General Fund for the Fire Department Portion of the Public Safety Radio Maintenance Contract. ITEM D: COMMISSION/ COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention 8. Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM E: MINUTES 1. *Regular Meeting of June 19, 2002. ITEM F: CORRESPONDENCE ITEM G. OLD BUSINESS 1. Reconsideration of Resolution No. 2002-40 -- Awarding the Bid for the Purchase of a Black and White Copier for the City Administration Building and Entering Into a Contract for Maintenance and Supplies for Five Years to High Speed Gear for a Total of $22,88 1.00. ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval -- Assignment of Lease for Security Purposes/Lot 5, Block 5, General Aviation Apron No. 1 /From Timothy J. Mitchell and Linda J. Mitchell to Robert J. Johnson. 4. Discussion -- Schedule Board of Adjustment Hearing/ Bill B. and Hannele K. Zubeck appeal of Planning 8s Zoning Commission approval of PZ02-34 An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size) for the property described as Government Lot 178 (1515 Lawton Drive) , Kenai, Alaska, submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. -2- ITEM I: 1. 2. 3. ITEM K: 1. 2. REPORT OF THE MAYOR ADMINISTRATION REPORTS City Manager Attorney City Clerk DISCUSSION Citizens (five minutes) Council EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING JULY 3, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwwv. ci . kenai . ak. u s ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 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. 1 f%T T nAT T Roll was taken by the City Clerk. Present were: Moore, Porter, Bannock, Jackman, Williams, Bookey and Swarner. A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE: H-2, Purchase Orders Exceeding $2,500 (purchase order to Brown Agency for FY03 insurance and broker Fees added to list) . REMOVE: H-4, Discussion -- Schedule Board of Adjustment Hearing/B. Brad Zubeck Appeal (pursuant to added letter from Zubeck requesting revocation of the appeal). MOTION: Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, A-4. MOTION: CONSENT AGENDA Councilwoman Swarner MOVED to approve the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING D JULY 3, 2002 PAGE 2 C-1. Ordinance No. 1960-2002 -- Increasing Estimated Revenues and Appropriations by $9,691 in the General Fund for Purchase of a Copier. C-1 a. Motion for Introduction MOTION: Councilwoman Swarner MOVED for introduction of Ordinance No. 1960-2002 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. C-lb. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Councilwoman Swarner MOVED for the second reading of Ordinance No. 1960-2002 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. C-1 c. Motion for Adoption MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1960-2002 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes MOTION PASSED UNANIMOUSLY. C-2, Ordinance No. 1961-2002 -- Increasing Estimated Revenues and Appropriations for Increased Insurance Costs. C-2a. Motion for Introduction MOTION: KENAI CITY COUNCIL MEETING JULY 31 2002 PAGE 3 Councilwoman Swarner MOVED to introduce Ordinance No. 1961-2002 and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED., C-2b. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Councilwoman Swarner MOVED for a second hearing on Ordinance No. 1961-2002 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, C-2c. Motion for Adoption MOTION: Councilwoman Swarner MOVED to adopt Ordinance No. 1961-2002 and Councilman Bookey SECONDED the motion. There were no public comments. It was noted the ordinance would appropriate funds to cover the increased costs for the purchase of insurance (above what was projected when the budget was drafted); the additional funding would add $82,736 to the budget deficit, bringing that total to approximately $268,636. The purchase order added to H-2 to Brown Agency would cover their broker fees, as well as the cost for the insurance. Williams noted, it was the first meeting of the new fiscal year and the deficit increased already. Bannock disagreed, stating the additional cost of the insurance would have been paid regardless of the deficit and didn't feel it was fair to tie the two together. Bookey asked if there were any major changes in limits to the liabilities. Semmens requested Doug Brown of Brown Agency, the city's broker to speak to the issue. Doug Brown/Brown Agency -- Stated they thought they had a goodly portion of the city's insurance locked in on a three-year rate, however the company that had locked that down gave a 60-day notice of cancellation on their policy. After that, they totally renegotiated the plan, both coverage and companies. Major changes were property deductible ($5,000 to $25,000), mobile equipment ($5,000 to $10,000), and machinery ($5,000 to $10,000). Additionally, there was a zero deductible on general liability and police/professional liability coverages, increasing to $10,000 per occurrence. Also, the $1,000 deductible on auto liability increased to $5,000 deductible. Brown added, public officials liability coverage increased from $5,000 to $15,000 deductible and workers' compensation went to $25 million; they are in the process of finding an additional policy to add to that amount to bring it to statutory limits. KENAI CITY COUNCIL MEETING JULY 31 2002 PAGE 4 Discussion followed regarding insurance pools and potential liabilities with them. Brown explained, there are two pools in operation in Alaska, i.e. Alaska Public Entities Insurance and Alaska Municipal League/JIA. The AML/JIA is an assessable pool and can assess their members retroactively; the Alaska Public Entities is set up to absorb losses. He added, there is hazard in being in pools, but he felt the city was in the better pool to the respect that if the pool becomes insolvent, the city would absorb their own claims, but not any others. The only other direction would be to go back into the commercial market, but those premiums would be approximately 100% higher than those currently paid. Williams asked if Brown anticipated further increases in premiums next year and Brown answered, yes. Williams noted the actual exposure to the community in regard to the city's assets increased because the city's assets increased over the years. Williams noted, the insurance issue was a good example of the city's costs increasing and funding to cover those costs has to be found without. cutting services to the public. VOTE: Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes MOTION PASSED UNANIMOUSLY. C-3, Resolution No. 2002-48 -- Reaffirming its Support of the State of Alaska DOT/ PF in its Effort to Properly Construct a Safe, Separated Pedestrian and Bike Path Along the Bridge Access Road. MOTION: Councilman Bookey MOVED to approve Resolution No. 2002-48 and Councilwoman Porter SECONDED the motion. There were no public comments. Public Works Manager Kornelis stated a copy of the signed resolution would be forwarded to the Department of Transportation and Wince- Corthell-Bryson for their records. Bannock stated he was concerned the condition of the pathway would be lessened the further from the road bed it is to be placed. Williams stated he felt that was an engineering problem and Bookey agreed. Bookey added, the city needed to support the fact the bike trail will be built and it was the Harbor Commission who requested council update their previous resolution of support, specifying a separated pedestrian/bike path from the roadway for better safety. KENAI CITY COUNCIL MEETING JULY 3, 2002 PAGE 5 MOTION TO AMEND: Councilman Bookey MOVED to amend the resolution by inserting "...in its effort to property "engineer and" construct a safe..." Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, VOTE ON MOTION AS AMENDED: Moore Yes Porter Yes Bannock No Jackman Yes Williams Yes Bookey Yes Swarner Yes MOTION PASSED, C-5, Resolution No. 2002-49 -- Assessing Costs of Abatement at 1218 Lilac, Kenai, Alaska in the Amount of $5,200 as a Lien on the Property. MOTION: Councilwoman Swarner MOVED to approve Resolution No. 2002-49 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. Swarner reported she drove by the area and it looks much better and worth the cost of abating the property. VOTE: There were no objections. SO ORDERED. C-5. Resolution No. 2002-50 -- Adopting a Name for the Right -Of -Way Located North of Willow Street to the Airport Proper to be Named Gee Bee Avenue. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2002-50 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. Airport Manager Cronkhite explained, the name for the right-of-way (Gee Bee Avenue) was suggested by Airport Commissioner Bielefeld and was the name of a plane that is short as is the right-of-way. VOTE: KENAI CITY COUNCIL MEETING JULY 31 2002 PAGE 6 There were no objections. SO ORDERED. C-6, Resolution No. 2002-51-- Transferring $4,000 in the General Fund for the Fire Department Portion of the Public Safety Radio Maintenance Contract. MOTION: Councilwoman Swarner MOVED to approve Resolution No. 2002-51 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. Fire Chief Walden explained, in order for the Fire Department to pay for their portion of the radio maintenance contract, they would postpone several physicals that must be completed by 2003. Those costs will be included in the 2003 budget. VOTE: There were no objections. SO ORDERED, ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Swarner noted, the July meeting had been cancelled. D-2. Airport Commission -- No report. D-3. Harbor Commission -- Bookey noted the next meeting would be held on Monday, July 8, 2002. D-4, Library Commission -- Moore noted the July meeting had been cancelled, although the Library's newsletter and calendar were included in the packet. D-5. Parks & Recreation Commission -- Porter reported a special meeting was held on July 25 to discuss the City's conditional use permit application to include outdoor recreational activities at the multipurpose facility. She noted, the Commission unanimously supported the approval of the permit. D-6. Planning & Zoning Commission -- Bannock reported on actions taken at the June 26 meeting and noted: • The Commission's resolution for the conditional use permit adding outdoor recreational activities for the multipurpose facility property failed. There were a number of neighboring property owners speaking against the permit, but their comments were specific to noise from the skateboard park. KENAI CITY COUNCIL MEETING JULY 32 2002 PAGE 7 • A variance was approved for property across the road from the golf course and, as noted in the packet, a letter of appeal was received from Brad Zubeck, a neighbor. It was also noted, a letter requesting the appeal be revoked was received from Zubeck and added to the agenda at the beginning of the meeting. • The Commission reviewed a draft of the recreational zone and scheduled a public hearing. City Manager Snow reported the Commission denied the city's application because neighbor complaints of noise, etc. from the skateboard park. She added, administration did not realize the ramp equipment was causing so much noise, even though steps were taken to mitigate the noise. Snow continued, it was apparent to her the complaints would continue and administration was looking for another location for the facility. In seeking a new location, they contacted the School District and the previous site of tennis courts at the High School were suggested. At this time, all comments were positive to relocate to that site. The City Attorney is reviewing the necessity of liability waivers, etc. Snow added, she spoke to one of the Commission members about the steps being taken and the member may be willing to request reconsideration of the resolution. If reconsideration is not successful, a letter of appeal will be ready for submission to the City Clerk. Because a written Memorandum of Agreement will need to be executed between the city and the borough, it is unsure of when the equipment can be moved to the school site, but the equipment will be moved as soon as possible. If not to the school site, another site. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting would be held on Tuesday, July 9, 2002. Williams noted, the owner of Paradisos was wanting a planting ring. Swarner suggested the matter be discussed at the next Beautification meeting. She noted placing a ring in that area had been discussed previously, but concerns for snow removal and clear site at the corner were reasons a ring had not been placed there at that time. D-7b. Kenai Convention & Visitors Bureau Board -- No report. D-7c. Alaska Municipal League Report -- Williams had no report. Swarner stated she was willing to attend the AML Committee meeting in Bethel the end of July. Council had no objections for her travel. Because those attending the committee meeting would be discussing the policy statement, she requested council's input. KENAI CITY COUNCIL MEETING JULY 31 2002 PAGE 8 D-7d, Kenai Chamber of Commerce -- Chamber President Cherie Brewer thanked the City for their support of the Chamber's "Hooked on Kenai" program; noted Kenai/ Soldotna would be hosting the Little League All -Stars competition next week; and thanked the Police Department for the help they will offer for the Fourth of July festivities. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:11 P.M. ITEM E: MINUTES E-1, Regular Meeting of June 19, 2002 -- Approved by consent agenda. ITEM F: CORRESPONDENCE -- None ITEM G: OLD BUSINESS G-1. Reconsideration of Resolution No. 2002-40 -- Awarding the Bid for the Purchase of a Black and White Copier for the City Administration Building and Entering Into a Contract for Maintenance and Supplies for Five Years to High Speed Gear for a Total of $22,88 1.00. MOTION: Councilwoman Swarner MOVED for reconsideration of Resolution No. 2002-40 and Councilman Bookey SECONDED the motion. Jackman requested to abstain from the vote and Williams had no objections. City Attorney Graves noted, a motion of reconsideration had been passed at the previous council meeting and no action on the motion was necessary. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-40 and Councilman Bookey SECONDED the motion. There were no public comments. Semmens explained, in addition to the purchase of the copy machine, the city would have an agreement with HiSpeed Gear for maintenance of the machine for five years. The maintenance costs will be paid yearly and will come out of yearly budgets. VOTE: KENAI CITY COUNCIL MEETING JULY 31 2002 PAGE 9 Moore Yes Porter Yes Bannock Yes Jackman Abstain Williams Yes Bookey Yes Swarner. Yes MOTION PASSED UNANIMOUSLY. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. Semmens noted, council was ratifying the payment of the bills and those bills listed on H-1 had already been paid. VOTE: There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 as amended with inclusion of the purchase order to Brown Agency for insurance at $405,424. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED, H-3. Approval -- Assignment of Lease for Security Purposes/Lot 5, Block 5, General Aviation Apron No. 1 / From Timothy J. Mitchell and Linda J. Mitchell to Robert J. Johnson. Graves reported this was a standard assignment and administration had no objections. MOTION: Councilwoman Swarner MOVED to approve the Assignment of Lease for Security Purposes, Lot 5, Block 5, General Aviation Apron No. 1 from Timothy J. Mitchell and Linda J. Mitchell to Robert J. Johnson and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING 1 JULY 31 2002 PAGE 10 Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED, H-4. Discussion -- Schedule Board of Adjustment Hearing/ Bill B. and Hannele K. Zubeck appeal of Planning & Zoning Commission approval of PZ02-34 An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size) for the property described as Government Lot 178 (1515 Lawton Drive) , Kenai, Alaska, submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. Removed from agenda at the beginning of the meeting. ITEM I: REPORT OF THE MAYOR -- Williams reported the following: • He attended a party commemorating the 20th anniversary of Bill Sheffield's election as Governor. • This year's Kenai River Classic was the most successful of all -- 334 kings were hooked and approximately 50-60 of them were kept. • The Mayor's Golf Tournament will be held on September 12 and proceeds will go to Habitat for Humanity. ITEM J: ADMINISTRATION REPORTS J-1. City Manager -- Snow reported the following: • Presentation of recommended fee changes had been delayed because some of the commissions had not been able to review those referring to their areas of interest. • She will be on leave from July 5-16 and Finance Director Semmens will be Acting City Manager. J-2. Attorney -- No report. J-3. City Clerk -- No report. Swarner asked if the groups selling food items at the Fourth of July festivities had taken out mobile food vendor licenses. Freas explained she was aware of two groups who would be at the green strip and who have licenses. Swarner requested code information be sent to any organizations sponsoring events in the city where groups would be selling food items. She added, if the code was not enforced, it should be eliminated or amended. It was noted, mobile food vendor licensees have to pay a $10 /month fee, have DEC inspection of their vehicle from which the food is being sold, and insurance. Porter suggested, with those costs, etc. it would eliminate people from participating in this type of activity for a day. Administration was requested to review the ordinance and discuss it further with council. KENAI CITY COUNCIL MEETING j JULY 31 2002 PAGE 11 ITEM K: DISCUSSION K-1. Citizens Randy Daly, Kenai Rotary Club -- Invited everyone to participate in the Rotary Breakfast prior to the parade and to get involved with the Club's Group Study Exchange. K-29 Council Bookey -- Commented on the following: • May not be in attendance at the July 17 meeting. • Grass planted during the highway construction project was dying and asked administration to contact the State and request it be replanted. Kornelis stated he would contact DOT. It was also noted the grass was not being watered by the State. Bookey added, he wanted the State to know the city was not happy with the project. Swarner -- Noted the following: • Welcomed Matt Tunseth as the Clarion reporter. • There are positions available on the Planning 8s Zoning Commission and Beautification Committee. She requested the information be posted on the website. • Reported a hole in the pavement on Lawton near the Fandel home. • Asked when the hole on Willow Street would be repaired and Kornelis reported a manhole would be placed where HEA had broken the line and at HEA's cost. Moore -- Asked the following: • When will the light poles be replaced along Forest Drive and Kornelis answered, the poles had been ordered and he was notified of their arrival today. • Was the slash on Lilac Lane removed and Fire Chief Walden answered, the slash had been placed there by a private citizen on their private property. The Fire Department had not been able to convince them to move the slash, but did inform them the incinerator would be placed at the Borough's transfer site which was not far from their property. Porter -- Noted the following: • Asked if the slash along Redoubt Terrace would be removed and Kornelis reported he wrote and called DOT and they said it was put there by a private citizen and not the project contractor, however they would have it removed. • Asked about the pond on Marathon Road and Williams noted, it is leased by the University. • Asked if there would be additional tree removal, underbrush removal, etc. at Municipal Park this year. She added, because it had been chained off from KENAI CITY COUNCIL MEETING JULY 3, 2002 PAGE 12 camping use, etc. it does not get a lot of use. Parks & Recreation Director Frates suggested placing additional picnic tables on the older existing pads. • Asked for an update on earlier discussions of using Section 36 properties for a recreational area. Frates reported he spoke with the American Legion and he is making contact with Homer, Fairbanks, etc. for cost estimates. He added, the information would be brought back in about two weeks. Bannock -- No comments. Jackman -- Reported the owners of Mitchell's Truck & Auto had done a very nice job in landscaping around the business and urged council to drive by to see it and if they have a chance, say thank you to them for their efforts. Williams -- Noted the following: • The Challenger construction project should start next week. • Council had discussed the possibility of converting the Marathon pond into a neighborhood swimming area. Because the pond and surrounding area is leased to the University, it could not be done. However, he suggested the Rotary Club or other similar organization may want to investigate the possibility and do the work at no cost to the city. • He had been approached by several business people who have a large plan in mind and would need approximately ten acres of property. They are interested in property next to Three Bears, the 120' buffer strip along Walker Lane. He was asked if the city would consider shrinking the buffer area (if it's 120' wide) to about 60' and he said he would look into it, bringing it to council first because if, after being taken to the Planning & Zoning Commission, they didn't want to do it, it would come back to council. Bookey stated he would want the reason why the buffer zone was originally placed there researched and wouldn't make any commitment until it is know what the intention is for the use of the property. Williams stated he had some indication of what the use of the property would be for, but nothing definite. Williams stated he was asking for a suggestion from council that if the plan is right and council agrees, the buffer zone could be decreased. Williams added, he also suggested developing commercial property in the area of the "dust bowl," however since that property is now being used for recreation, council would have to consider changing the area to commercial use. • Talked with Alan Norville about the development of his strip mall beside the Carr's grocery store and learned the ACS headquarters would not be situated in Kenai. Norville purchased a building in Soldotna and is renovating it for ACS' primary location. • He has met with developers who are looking for a large tract of property, preferably close to the airport or on airport property. This is a new proposed project that may require council's consideration of putting some funding toward the project. Williams added, there had been no discussions at this point of what the developers' KENAI CITY COUNCIL MEETING JULY 3, 2002 PAGE 13 needs will be, but he wanted council to give some thought about the issue and the city's investments and infrastructure. • He will delay making an appointment to Planning 8. Zoning Commission and requested City Clerk Freas to send out a notice of the opening on the Commission to other board, commission and committee members to see if there maybe interest to move from one group to the other. Council had no objections. EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT The meeting adjourned at approximately 8:55 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY COUNCIL BATF C IC L.