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HomeMy WebLinkAbout2002-08-21 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 21, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us BOARD OF ADJUSTMENT HEARINGS: • Appeal of Planning & Zoning Commission Denial of PZ02-39 -- An application for a variance from the Development Requirements for a five-foot front setback variance and variance from lot coverage for the property described as Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. Appeal submitted by F. DeWayne Craig. • Appeal of Planning 8. Zoning Commission Approval of PZ02-37 -- An application for an encroachment permit for side setbacks for the property described as Lot 3, James Subdivision (506 Japonski Drive), Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, Alaska. Appeal submitted by Ona Wilbert. 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: PUBLIC HEARINGS 1. Ordinance No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than Thirty (30) Days on Property Within the City of Kenai. a. Substitute Ordinance No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than Sixty (60) Days on Property Within the City of Kenai. 2. Ordinance No. 1964-2002 -- Amending the Definition of "Mobile Food Vending Unit" in KMC 5.25.010 to Exempt Units Operating Less Than Thirty (30) Days Per Year from Getting a Mobile Food Vendors Permit. 3. Resolution No. 2002-57 -- Selection of Wince-Corthell-Bryson for Architectural/Engineering and Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. 4. Resolution No. 2002-58 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Pillars LID - Chinook Drive and Sockeye Circle - 2002 for the Total Amount of $105,121.65. ITEM D: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. Recreation Commission 6. Planning 8, 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 ITEM E: 1. ITEM F: ITEM G: ITEM H: 1. 2. MINUTES *Regular Meeting of August 7, 2002. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 3. *Ordinance No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. 4. *Ordinance No. 1966-2002 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant From the State of Alaska. 5. *Ordinance No. 1967-2002 -- Increasing Estimated Revenues and Appropriations by $2,370 in the General Fund for Purchase of a Microfilm Reader/ Printer for the Kenai Community Library. 6. *Ordinance No. 1968-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. 7. *Ordinance No. 1969-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue Fund for an Air Travel Marketing Study. 8. *Ordinance No. 1970-2002 -- Amending KMC 7.10.050, Which Incorporated by Reference the Borough Sales Tax Code, by Adding a Section Providing That There Shall be No Exemption From City Sales Tax for Non -Prepared Food. 9. *Ordinance No. 1971-2002 -- Amending the Official City of Kenai Zoning Map for that Certain Land Described as a Portion of Lot 1, Yragui Subdivision (Formerly a Portion of Government Lot 6 1), City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. 10. Discussion -- City of Kenai Logo ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTR.ATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING AUGUST 21, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt wvr w. ci. kenai. ak. u s MAYOR JOHN J. WILLIAMS, PRESIDING BOARD OF ADJUSTMENT HEARINGS: • Appeal of Planning & Zoning Commission Denial of PZ02-39 -- An application for a variance from the Development Requirements for a five-foot front setback variance and variance from lot coverage for the property described as Lot 1, Block 6, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive) , Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. Appeal submitted by F. DeWayne Craig. • Appeal of Planning & Zoning Commission Approval of PZ02-37 -- An application for an encroachment permit for side setbacks for the property described as Lot 3, James Subdivision (506 Japonski Drive), Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, Alaska. Appeal submitted by Ona Wilbert. ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 8:19 p.m. in the Council Chambers in the Kenai City Hall Building. A-1, PLEDGE OF ALLEGIANCE Given prior to the F. DeWayne Craig appeal hearing. A-2. ROLL CALL Roll was taken by the City Clerk prior to the F. DeWayne Craig appeal hearing. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: I-1, Mayor's Report -- Draft letter to U.S. Fish 8v Wildlife Service regarding Swanson River Satellites Natural Gas Exploration 8v Development Project I-1, Mayor's Report -- 8 / 16 / 02 letter from Philip St. John, M.D. regarding the Kenai City Dock. ADD AS: J-3, Clerk's Report -- Proposed Election Precinct Workers MOTION: KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 2 Councilwoman Swarner MOVED for approval of the agenda as amended and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED, A-4. CONSENT AGENDA MOTION: Councilwoman Swarner 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. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than Thirty (30) Days on Property Within the City of Kenai. C-la. Substitute Ordinance No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than Suety (60) Days on Property Within the City of Kenai. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1963-2002 as amended with Substitute Ordinance 1963-2002 marked C 1-a and Councilman Moore SECONDED the motion. There were no public comments. It was noted the amended ordinance allows for 60 days in which slash could be stored on property within the city. Porter explained she suggested the ordinance because she felt Kenai had come to the point where the problem was an issue and an avenue for enforcement was needed. She added, the storage of slash was a fire and safety issue and shouldn't be stored in neighborhoods anymore. Bookey stated he sympathized with Councilwoman Porter's direction, but would not support the ordinance with either the 30 or 60 day period included. He added, if the ordinance is enacted for citizens of the city to remove slash from their properties, he would expect the city to do it as well and didn't know if the city could fiscally handle the slash it currently has stored. Bookey added, there are large tracts of property in Kenai to be developed and in developing, clearing would take place. He did not want KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 3 to delay those types of projects. Bookey stated he believed this was a knee-jerk reaction to recent problems with storing of slash and felt there could be other ways to handle the problem. Porter asked if a developer improving a large area, could acquire a conditional use permit or a variance. City Attorney Graves stated the issue was outside the zoning code, however there can always be some flexibility given by the city if it is shown efforts are being made by the developer, etc. to come into compliance. Swarner asked what would be done with the slash currently stored at the old dump site and Fire Chief Walden reported it would be incinerated through the beetle -kill clean-up efforts. Swarner stated she would not support the ordinance if the city cannot comply with it. Bannock asked if administration had other ideas and suggested the ordinance be tabled and returned to administration for further review. Graves stated he would review the ordinance and suggest alternate ideas that could make it more workable and in memorandum form, i.e. expanding the 60-day time limit, limiting applications to different zones with different rules in the rural residential zones, etc. MOTION TO TABLE: Councilman Bannock MOVED to table the ordinance and remand it back to administration for further review. Porter requested a time certain be included in the motion. Williams stated he would not support the ordinance at this time. Moore asked the difference between slash and standing beetle -killed trees. He stated he wanted the trees removed as they are a hazard, just as the slash. It was also noted, the ordinance refers to cut trees and not fallen trees (from wind, etc.) and as written, a fallen tree would not be affected by the 60-day limit for removal. MOTION SECOND: Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. Graves stated he would have a memorandum to include in the September 4 meeting packet for council's further review. C-20 Ordinance No. 1964-2002 -- Amending the Definition of "Mobile Food Vending Unit" in KMC 5.25.010 to Exempt Units Operating Less Than Thirty (30) Days Per Year from Getting a Mobile Food Vendors Permit. KENAI CITY COUNCIL MEETING MINUTES � AUGUST 21, 2002 PAGE 4 MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1964-2002 and Councilwoman Porter SECONDED the motion. There were no public comments. Discussion followed in which Bookey expressed concern the ordinance did not speak to non -profits alone and stated he would not support the ordinance. He explained, he did not think it fair to pit one business against another when allowing a business to operate for less than 30 days and not have to meet all the same specifications, costs, etc. as a business that intends to operate for more than thirty days. Bookey stated he could offer an amendment to affect only non -profits as he believed that was the original intent. Bannock stated his support of the ordinance and noted, non -profits were referred to in the body of the ordinance. He added, the ordinance would clean up the current ordinance. Bannock suggested passing the ordinance and then direct administration to begin enforcing the rule, which would eliminate a small level of bureaucracy. Williams suggested changing the number of days to 15 days and Jackman noted the ordinance discussed thirty days per year. She added, she felt the 30 day time period was adequate. MOTION TO AMEND: Councilwoman Swarner MOVED to amend Ordinance No. 1964-2002 to "...in operation for less than fifteen (15) days per calendar year" and Councilman Bookey SECONDED the motion. VOTE ON AMENDMENT: Jackman No Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes Bannock No MOTION PASSED, C-3. Resolution No. 2002-57 -- Selection of Wince-Corthell-Bryson for Architectural/ Engineering and Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-57 and requested UNANIMOUS CONSENT, Councilman Moore SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 5 There were no public or council comments. VOTE: There were no objections. SO ORDERED, C-4. Resolution No. 2002-58 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Pillars LID - Chinook Drive and Sockeye Circle - 2002 for the Total Amount of $105,121.65. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-58 and Councilman Bookey SECONDED the motion. There were no public comments. Kornelis noted the paving bids were very competitive and very good prices. He added, the paving project would not be done this year. Williams reported another petition was being circulated in the VIP Subdivision and suggested the two projects could be bid at the same time in the spring. Kornelis noted he expected to bid the project during the winter for spring construction. VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/ COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Swarner reported the minutes of the August 1 meeting were included in the packet. She noted, notification was received applications for Alaska Housing Pre -Development Grants for assisted living facilities are available. She also reported raising of rents at Vintage Pointe was discussed during the meeting and several residents were in attendance. At this time, no comments had been received in regard to the suggested raise in rents. D-2. Airport Commission -- Councilwoman Jackman reported the minutes of the August 8 meeting were included in the packet. She noted the grand opening of the airport operations facility was held and an ordinance to appropriate funds for an airport study would be up for public hearing at the next council meeting. Members of the Airport Commission will attend the meeting to speak to the request. KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 6 Jackman also noted a commission member suggested the city negotiate the price of gas and electricity. Williams stated he did not believe the price of electricity was up for negotiation, however the city already negotiates for the price of their gas. When asked if the airport has considered installing video surveillance equipment, Airport Manager Cronkhite reported a grant application was being processed. D-3. Harbor Commission -- Councilman Bookey reported the minutes of the August 12 meeting were included in the packet. He noted, it was a lengthy meeting at which fishermen and processors attended to discuss the future of the dock. Concern was stated the facility could be closed. He added, R&,J Seafoods discussed their concerns with regard to their business and the lease they hold with the city for use of the dock. Bookey noted, he suggested they attend the next Harbor meeting and bring specific suggestions of how to operate the facility. D-4. Library Commission -- Councilman Moore reported a meeting was scheduled for August 6, however there was no quorum available. He also noted the Friends of the Library had raffle tickets available for sale. D-5. Parks & Recreation Commission -- No report. D-6. Planning & Zoning Commission -- Bannock reported on actions taken at the August 14 Commission meeting and noted a productive work session on the Comprehensive Plan was held immediately following the Commission meeting. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the minutes of the August 13 meeting were included in the packet. She noted the Committee discussed purchasing a new concrete ring to place in front of the Paradisos Restaurant instead of moving the one from across the street (as requested at a recent council meeting) . Director Frates added, it was suggested administration not move the circle, but upgrade the existing bed due to the cost involved in the purchase as well as moving the ring. Porter suggested administration contact the state to see if there are any -funds left in the project to purchase a ring. It was also asked that they have the visqueen removed from the brick -scored sidewalk along the Highway as well. D-7b. Kenai Convention & Visitors Bureau Board -- Bookey reported a meeting was held on August 12 and the following items were discussed: • Kenai Performers gave a presentation in regard to their search to find a facility of 9,000 square feet for their use. • State gaming regulations and how expected changes to them will affect the Board's ability to raise funds. • Plans are being made to hold a strategic planning session sometime in the near future. KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 7 • It was noted there has not been a lot of enthusiasm in the community to hold the Arctic Winter Games. The Board is involved in the cultural activities. • A presentation was made by Duane Bannock regarding bed tax. The Board was not taking a position at this time. Councilman Bannock explained, he expressed to the Board his disappointment the city was not invited to meetings held in regard to the bed tax, the potential of outfall and dedication of funds if a bed tax is initiated. D-7c. Alaska Municipal League Report -- Williams reported he would be attending the Alaska Conference of Mayors meeting in Pelican, but would return for the Industry Appreciation Day Picnic to be held on Saturday, August 24. D-7d. Kenai Chamber of Commerce -- Chamber President Brewer noted the following items: • Thanked council for passing the mobile food vending ordinance amendment. • Suggested the city offer the same services to the Chamber for the Fourth of July festivities as they do for the Industry Appreciation Day picnic. Williams noted the Chamber charges for booth spaces and the city pays the electricity they use for their event. • Noted a meeting of all the chambers was held in regard to bed tax, however the Kenai Chamber was notified of the meeting. • If a bed tax is collected, the Chamber would probably look for a portion of it to help fund their endeavors. • Requested the Chamber be kept abreast and involved in discussions with businesses considering moving to Kenai. Porter suggested the Chamber report be moved forward in the meeting in the future and Jackman suggested it helpful for their representative to hear other reports and take the information back to the Chamber Board. ITEM E: MINUTES E-1, Regular Meeting of August 7, 2002 -- Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 8 MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. H-2, Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 and Councilman Bannock SECONDED the motion. Jackman noted she had a financial interest in the purchase order to Xerox and would abstain from voting. Bookey questioned the increasing of the purchase order to American Environmental and La Shot reported the funds would cover costs for required annual testing and inspection of monitoring wells. After a water well survey is completed they hoped the annual testing could be curtailed and the monitoring done on fewer intervals. VOTE: There were no objections. SO ORDERED, H-3, Ordinance No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. Approved by consent agenda. H-4. Ordinance No. 1966-2002 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant From the State of Alaska. Approved by consent agenda. H-5. Ordinance No. 1967-2002 -- Increasing Estimated Revenues and Appropriations by $2,370 in the General Fund for Purchase of a Microfilm Reader/ Printer for the Kenai Community Library. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES � AUGUST 21, 2002 PAGE 9 H-6. Ordinance No. 1968-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. Approved by consent agenda. H-7. Ordinance No. 1969-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue Fund for an Air Travel Marketing Study. Approved by consent agenda. H-8. Ordinance No. 1970-2002 -- Amending KMC 7.10.050, Which Incorporated by Reference the Borough Sales Tax Code, by Adding a Section Providing That There Shall be No Exemption From City Sales Tax for Non -Prepared Food. Approved by consent agenda. H-9. Ordinance No. 1971-2002 -- Amending the Official City of Kenai Zoning Map for that Certain Land Described as a Portion of Lot 1, Yragui Subdivision (Formerly a Portion of Government Lot 6 1), City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. Approved by consent agenda. H-10. Discussion -- City of Kenai Logo Porter stated she had received some comments prior to the meeting in regard to the information in the packet and would postpone discussion of the logo to another meeting. ITEM I: REPORT OF THE MAYOR -- Williams noted the following: • Reminded all of the Industry Appreciation Day Picnic scheduled for August 24. • Reminded all of the Mayors' Golf Tournament scheduled for September 14 and encouraged participation. • Briefly met with Senator Murkowski and thanked him for helping the city in getting infrastructure for the city. Williams suggested council should give additional consideration in hiring an economic development person to work directly for the council. He added, the cost of the salary for the person could be considered seed money in bringing economic development to the city. ITEM J: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 10 J-1. City Manager -- City Manager Snow noted the following: • She is putting together a list of items to discuss at the policy sessions council will be holding. • User fee recommendations will be brought forward to council. She asked if council would want to hold a work session or bring them directly to a council meeting. Bookey suggested the issue be included on the September 4 meeting agenda. There were no objections to the suggestion. J-2. Attorney -- City Attorney Graves noted the following: • He has been quietly lobbying the Borough in regard to the city's right to exempt themselves from the non -collection of sales tax for unprepared foods if the proposition passes in the October election. The city's opinion is the borough would continue to collect the sales tax for the city. Graves added, he received notification from the borough just prior to the meeting they agree the city has the right to enact an ordinance providing there shall be no exemption from city sales tax on non -prepared food. • Referred to the draft "Citizen's Guide" for filing appeals and asked if there were any comments. It was suggested to add the location of the City Clerk's office and the phone number and place the "tips" on the first page of the document. Bannock suggested the draft be forwarded to the Planning 8s Zoning Commission for its review as well. J-3. City Clerk -- Clerk Freas reported the following items: • A petition for a special assessment district affecting 16 properties on Toyon Way was received on Monday, August 19. The petition was found to be sufficient and was forwarded to the City Manager in order to prepare a report to submit to the council within the required 30 days. • Candidates for Council for the October 1, 2002 election are John "Ozzie" Osborne, Linda Swarner, R. Barry Eldridge, Duane Bannock and Dustin Aaronson. • The proposed list of precinct workers for the October 1, 2002 election were added to the agenda at the beginning of the meeting. Freas requested council review the names and note their approval as required by code. Council had no objections to the list of names. ITEM K: DISCUSSION K-1. Citizens -- None K-2. Council Bookey -- Asked if there would be enough in the road improvement fund to cover costs of the assessment district pavings requested. Snow stated the balance of the fund was $371,500. Noting council had briefly discussed raising the property KENAI CITY COUNCIL MEETING MINUTES AUGUST 21, 2002 PAGE 11 owner payment percentage, she suggested any change to the amount should be reviewed in the near future. Williams suggested council consider the portion of costs paid by the property owner on an individual basis and should be reviewed this fall. • Thanked the Kenai Police Department for slowing drivers down going north early in the morning. Swarner -- •Noted she recently visited Cunningham Park and saw a lot of people fishing. She was complimented on the improvements that had been made there. • Questioned whether the junk yard by the Moose Lodge was grandfathered in and Graves reported a court action was held a number of years ago and the court said it was okay for it to remain at that site. • Questioned when the new copier would be delivered. Snow reported it was scheduled to be delivered on August 22 which was several weeks late. Snow added, the city being patient with the late delivery demonstrated good faith and is afforded to any company. Moore -- No comments. Porter -- • Thanked Kornelis and city administration for sweeping the medians. Williams requested copies of letters of agreement in regard to state road service for the city as it will be important to forward that information, as well as problems, to the Legislators to note how budget cuts are affecting service performance. • Noted the back streets in Inlet Woods need to be swept, etc. Bannock -- Stated his concern the cost of electricity for the Chamber's use of the green strip for the Fourth of July festivities was being discussed and asked the difference between the city paying the electricity for the Chamber's event and the Visitors Center. Williams noted there is a formal agreement with the Visitors Center. Jackman -- No comments. Williams -- No comments. EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT The meeting adjourned at approximately 10:12 p.m. Mi tes tran c 'bed d prepared by: APPROVED BY COUNCII Carol L. Frea ,City Clerk BAYS TY CLERK