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HomeMy WebLinkAbout2002-09-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h.tttp: Z Z www. ci. kenai. ak. u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. 2. 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. 3. 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. 4. Ordinance No. 1968-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. 5. Ordinance No. 1969-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue Fund for an Air Travel Marketing Study. 6. 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. j 7. Ordinance No. 1971-2002 -- Amendingthe Official ' al 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. 8. Resolution No. 2002-59 -- Awarding the Bid to Hutchings Chevrolet Cadillac, Inc. for an Airport Dump Truck - 2002 for the Total Amount of $7%788.90. 9. Resolution No. 2002-60 -- Awarding the Bid to North Star Paving & Construction, Inc. for Wastewater Treatment Plant Paving - 2002 for the Total Amount of $19,759.20. 10. Resolution No. 2002-61 -- Supporting an Amendment to KPB 2.60 Clarifying Emergency Communications Authority and Revising Membership on the E-911 Board. 11. Resolution No. 2002-62 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Marcie's Janitorial for the Period September 1, 2002 Through June 30, 2003. ITEM D: COMMISSION/ COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM E: MINUTES 1. *Regular Meeting of August 21, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS 1. Discussion -- Suggested Slash Removal Ordinance 2. Discussion -- City Logo Update ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1972-2002 -- Increasing Estimated Revenues and Appropriations by $3,159.95 in the General Fund for New Desk Tops at Office Report Writing Stations. 4. Discussion -- -- Local Improvement District -- Toyon Way/Report to Council. 5. Discussion -- Schedule Board of Adjustment Hearing/ Planning 8' Zoning Commission Denial of PZ02-43 -- An Application for a Conditional Use Permit for a Retail Business to Operate a Pet Grooming Business on the Property Known as 1802 Fourth Avenue (Lot 6, Block 2, Spruce Grove Subdivision) , Kenai, Alaska. Nancy Henricksen, Applicant and Appellant. 6. Discussion -- Livestock Ordinance Review. ej ITEM I: ITEM J: ITEM K: 1. 2. Discussion -- Policy Discussions Scheduling REPORT OF THE MAYOR ADMINISTRATION REPORTS City Manager Attorney City Clerk DISCUSSION Citizens (five minutes) Council EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:05 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: Williams, Bookey, Swarner, Porter, Bannock and Jackman. Absent was: Moore A-3, AGENDA APPROVAL MOTION: Councilwoman Swarner MOVED for approval of the agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, A-4, CONSENT AGENDA MOTION: Councilwoman Swarner MOVED for approval of 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 C-10 Ordinance No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 2 MOTION: Councilwoman Jackman MOVED to approve Ordinance No. 1965-2002 and Councilman Bannock SECONDED the motion. There were no public comments. Councilwoman Swarner asked if there would be any changes made to the advertisement and City Manager Snow answered no as the budgeted amount would not cover any changes. It was also noted, a purchase order was included on the H-2 list for $2,961 (the amount quoted to renew the ad) and it was too late in the season to completely redesign the advertisement. VOTE: Williams Yes Bookey No Swarner Yes Moore Absent Porter Yes Bannock Yes Jackman Yes MOTION PASSED, C-2, 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. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1966-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Williams Yes Bookey Yes Swarner Yes Moore Absent Porter Yes Bannock Yes Jackman Yes I T MOTION PASSED UNANIMOUSLY. C-3, 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. MOTION: KENAI CITY COUNCIL MEETING MINUTES \) SEPTEMBER 4, 2002 PAGE 3 Councilwoman Swarner MOVED for adoption of Ordinance No. 1967-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Williams Yes Booke Yes Swarner Yes Moore Absent Porter Yes Bannock Yes Jackman Yes MOTION PASSED UNANIMOUSLY, C-4. Ordinance No. 1968-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1968-2002 and Councilwoman Jackman SECONDED the motion. There were no public comments. It was explained the ordinance did not deal directly with bed and breakfasts as they have their own requirements of the zoning code, i.e. floor space, private home, number of employees, etc. Councilman Bannock added, when the recreation zone portion of the code was reworked, this portion had been left out. As the ordinance applies to recreational vehicles, one cannot occupy a recreational vehicle for over any 90-day period and with the amendment, the 90 days has to be between May and September and is site specific. He also noted, the Planning 8s Zoning Commission approved the amendment to the code. Williams noted, in a recent appeal from the Angler Acres area, he wanted to limit the occupancies in trailers and/or cabins on a lot to five. He asked if the allowance of recreational vehicles used in the recreational zone would increase the occupancy. Bannock answered no, and noted, the conditional use permit dictates the occupancy based on lot size. Williams clarified, passing the ordinance would allow recreational vehicles to be utilized in residential areas within the recreation zone for a periods up to approximately 120 days, instead of the 30 days currently allowed. Ozzie Osborne, Planning &Zoning Commission -- Stated the Commission's discussion included the length of use (addition of one month) of recreational vehicles in the zone. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 4 VOTE: Williams Yes Bookey Yes Swarner No Moore Absent Porter I Yes Bannock Yes Jackman Yes MOTION PASSED, C-5. Ordinance No. 1969-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue Fund for an Air Travel Marketing Study. Dan Van Zee -- Vice -Chair of the Airport Commission. Noted the following: • Kenai/Anchorage fare per passenger mile is the highest in the nation. • The number of passengers has dropped by 7,000 since 2001 (below the five-year average) . • People are driving to Kenai instead of flying which affects the Kenai economy substantially, through loss of business for airport concessionaires, sales tax, hotels, meals, etc. • All agree the airport is a very important element of the Kenai economy and all have the desire to develop a major asset. • In contacting other firms, the Commission found no Alaska firms that were able, willing and experienced to do a study. • The study would determine where Kenai passengers are going through information from local travel agencies. • Urged council to support the contract to conduct an air travel marketing study as the Commission believes conducting the survey is the place to start in order to find avenues available to develop the airport and could help in acquiring air service development grants, planning, etc. Airport Manager Cronkhite noted the following: • Internet airfares are available from Kenai to Anchorage. • Contact could be made to the company providing the database for all ticketing and acquire a report for approximately $150,000. • Though the study would include a number of elements of information, the ticket lift survey would determine what Kenai's population is doing for their travel plans. Paul Landis, Senior Vice President, ERA Aviation -- Noted the following: • ERA has been serving Kenai for 19 years. 1 KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 5 • Was upset he had not been invited to attend the meeting and through newspaper articles learned the city was considering paying an outside firm to compile travel information when ERA has been studying the market for the last 19 years. • Less than 35% of their tickets are written by travel agents. • There are many local experts on airline marketing, i.e. SouthCentral Airlines, Valdez Airlines, AAI, Frontier, etc. • Suggested talking with ERA if there is a problem with airfares, etc. as working together would have a better perspective than any company that can be hired. p Y • ERA can confirm spillage per year on the road system since improvements to it have been made; state of the industry in Kenai before and after 9 / 11 / 02; acquisition costs of new aircraft; safety costs; insurance; labor costs; PFC's; segment fees; federal taxes; ADA requirements, etc. • The upcoming security measures will largely affect the airfares. • Air carriers will not cost cut to cover their losses, they will increase air are s . • They've added flights back into their schedule to accommodate Slope workers; offer internet booking; ERA vacations, etc. • They are actively marketing Kenai as a world -class destination. • If there's a market, another carrier will come to Kenai. • Doesn't think the council should be trying to subsidize an airline. • Asked what other time had the council challenged the market position of a local business. • The omission of including ERA in the discussions in regard to the consultant he felt was adversarial. • Suggested council table the ordinance and save $20,000; try to re- establish a relationship; promised and committed to make this alternate approach work. Porter asked if anyone had contacted him about the study and if he spoke with the Airport Commission. Landis answered no. Swarner questioned Landis' comments regarding PFC's. Williams explained council took the position not to include PFC's on the fares between Kenai and Anchorage, even though money was being lost at the airport. This decision was based on the number of commuters traveling between Kenai and the Slope and council didn't want to add the cost to tickets. Landis stated the PFC's for Anchorage would have taken the money from Kenai. Swarner stated she receives frequent complaints from constituents regarding the high cost of airfare who want to know what, as a city, can be done about it and why the council did not take an adversarial position on it. Landis again suggested council have a work session in which he can explain what drives the cost of air travel in Alaska. Williams explained he h j p had wanted to send a letter to ERA expressing his concern in regard to high airfares, etc., but the council stated they didn't want to get involved in KENAI CITY COUNCIL MEETING MINUTES } SEPTEMBER 4, 2002 PAGE 6 the operation of a private company. He added, the Commission, in its investigation, felt they wanted an independent study. Landis questioned why the city would hire a consultant when ERA would be able to share the information for free. Discussion continued regarding seeking outside information; other air carriers left the Kenai market even with ERA's higher fares because the people didn't support the other companies; higher fares will exacerbate the problem because there will be fewer people willing to pay the higher fares, which will make the cost of air travel higher for the air carrier; enplanement numbers are received from the air carrier (from Kenai to Anchorage) ; if the council and Airport Commission are in good faith trying to understand, are supportive, and open-minded, the more information Landis will share; if ERA cannot supply the answers the city would be paying a consultant to find, they would have failed. Williams asked if the proposed study would find information ERA would be able to use and Landis answered, perhaps. MOTION: Councilwoman Porter MOVED to table the conversation until the Airport Commission and the City Council can meet with representatives from ERA and if at that time that answers are not gained, the council can then readdress the issue. Blaine Gilman -- Stated he thought the market would react and another carrier will come to Kenai. He added, at some time, the council has to ask what its role is and asked why the city should try to stimulate this market. Gilman added, he didn't think $20,000 would acquire a very good market survey, suggested talkingwith ERA representatives first, explain constituent problems and added, he didn't think the money would be well spent. Williams noted, funding for this study would come from the Airport budget which is in good fiscal condition and isa. cash generator for the city. He added, the council charged the Airport Commission and Airport Manager with the responsibility of marketing the airport, generating revenue, etc. and in charging them with the responsibility, council must give them the tools necessary to do it. Williams continued, he believed the Commission saw the study as one of those tools necessary to improve the overall marketing of the airport to make it more economically viable and a better operating facility within the city. Gilman stated, he felt council should first talk with ERA, didn't think $20,000 was enough for a really good study, and he supported the motion to table. Councilwoman Jackman explained the study was not only to investigate acquisition of another carrier, but it would be a very important and useful tool to gain grant monies, KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 7 revenues to the airport, and was not only about competing with ERA Aviation. Williams agreed, the study was a part of the whole issue of marketing the airport in a broader arena. Dan Van Zee -- Explained his focus on the study had nothing to do with the airfare between Kenai and Anchorage and is more interested in knowing what happens after the traveler gets to Anchorage and where their travel originates. He noted, expanded docking facilities in Homer, Princess Cruises with property in Happy Valley, cruise ship visitors into Seward, all may be areas of investigation to bring those visitors to Kenai. Also, the study could indicate if there is enough traffic into Kenai to have direct service between Kenai and Seattle/Portland. Van Zee added, he believed it was his job on the Commission to find this information out and what he envisioned the study was about. Williams noted, European Air Defense Systems Company is planning to build an assembly facility in Kenai and before the work even starts, they are considering doubling the original size of the facility they initially planned to build. He added, this is the kind of economic development programs the city is trying to bring to the airport. Landis noted the memorandum included in the packet and the ordinance refer to an airfare study. Cherie Brewer -- Noted the following: • Encouraged the city to talk with Landis. • Disagreed with comments that it is the city's job to do economic development studies and felt it was the responsibility of the local economic development groups, tourism council, etc. • Thought the city needs to be careful not to get involved in trying to control private enterprise. • Look for another carrier, but don't penalize ERA. • Supported tabling the motion. Williams noted it is only the city's responsibility to market the airport since it took it over and developed it into the facility it is currently. He added, the airport would remain a responsibility of the city and it was up to the city to see the airport continues to develop. Henry Knackstedt, Airport Commission Chair -- Recommended approval of the ordinance because he believed the council requested the Commission do a study to market the airport and the hiring of a consultant would do exactly what they were directed to do. He added, it was his understanding Landis offered to give information, but won't give it if the city goes forward with the study. Knackstedt stated he would like to do both, get the information and incorporate it into the study. He added, he felt it important to go forward with the study. ,1 KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 8 Williams asked Landis if he would be willing to join with the city and expand the study by furnishing more information and working in conjunction with the group. Landis answered he did not know why he would want to participate when he understood from the information in the packet one of the objectives is for the city to solicit from large businesses to guarantee seats to another carrier. He added, let the market take care of itself and that the city had no business in getting involved. Williams asked if Landis felt ERA would help the city further market the airport in other areas, i.e. introducing the city to other companies that may advance the city's causes by locating to Kenai. Landis answered, yes and added, they are already marketing Kenai as a destination on the internet. Williams asked if any information received from inquiries ERA has received were passed on to the Airport Commission. Landis answered, they have had no contact with the Airport Commission. Landis added, he would not help Sixel to attract another carrier into the area, but would help the city in developing airport business and help to understand better ERA's position, yes. Porter restated her motion as follows: MOTION TO TABLE: Councilwoman Porter MOVED to table Ordinance No. 1969-2002 until a meeting can be held with ERA Aviation and the Airport Commission and possibly city council to explore some of the possibilities of maybe what the city wants to do. Councilman Bookey SECONDED the motion. Williams asked Landis if he would be willing to participate in a work session with council and the Airport Commission to discuss the matter further. Landis answered yes. VOTE: Williams No Bookey-Yes Swarner No Moore Absent Porter Yes Bannock Yes Jackman No MOTION FAILED. Williams stated he voted no because he wanted to hear from Councilman Bookey. Bannock asked if two motions could be made in the same discussion. Graves advised, one of the "no" votes can move to reconsider or move to rescind the previous motion. � Councilman Bookey made the following comments: • He had some serious concerns with the ordinance. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 9 • Understood council requested the Commission to look into a study. • Took offense to the memorandum stating the city was looking for airfare changes as he didn't think the city should be interfering in private business and believed the fair market value of the tickets will sometime satisfy the cost to the public. • Believes there is a need for a survey, however he wanted to meet with ERA first and maybe find how the money could be spent more wisely. • Agreed $20,000 may not achieve the study they want. • There is time to meet with ERA and the Commission. Jackman acknowledged people may have been offended the city was looking for another carrier for competition, but the study would entail a lot more information. She added, she didn't feel it would be appropriate to wait on the study as it is for not only airline competition, but other avenues of revenue. MOTION FOR RECONSIDERATION: Councilwoman Swarner MOVED for reconsideration of the motion to table and Councilman Bookey SECONDED the motion. VOTE ON RECONSIDERATION: Williams .Yes Bookey Yes Swarner Yes Moore Absent Porter Yes Bannock Yes Jackman No MOTION PASSED, MOTION TO TABLE: Councilwoman Porter MOVED to table Ordinance No. 1969-2002 until council has had a chance to have a meeting with the Airport Commission and representatives from ERA Aviation to discuss the issues at hand. Councilman Bookey SECONDED the motion. VOTE: Williams Yes Bookey Yes Swarner No Moore Absent Porter Yes Bannock Yes Jackman No MOTION PASSED, BREAK TAKEN: 8:32 P.M. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 10 BACK TO ORDER: 8:44 P.M. C-6. 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. MOTION: Councilwoman Jackman MOVED to approve Ordinance No. 1970-2002 and Councilman Bannock SECONDED the motion. Blaine Gilman -- 216 Susieanna Lane, Kenai. Commended council for coming forward with the ordinance and he felt it was a real danger throughout the borough if the proposition passes. He approximated the loss of $ 1 million in sales tax to the city would equate to a three mill increase in property taxes. He also noted, the local grocery stores were not asking for the exemptions. Gilman supported the passage of the ordinance as the proposition would place too much burden on property owners, but believed the council would get some political flack in passing it. Attorney Graves noted, if council passes the ordinance, it would provide a non - exemption on sales tax for non -prepared foods. However, council could revisit the ordinance if desired after the election. Councilman Bannock stated he took serious offense to a group outside of the city trying to dictate what the tax responsibility will or will not be for the city. Bookey agreed and added, he hoped the constituency understood why the council was considering the ordinance and hoped council could educate the public of the impacts to the city will be if the proposition is passed. VOTE: Williams Yes Bookey Yes Swarner Yes Moore Absent Porter Yes Bannock Yes Jackman Yes MOTION PASSED UNANIMOUSLY. Williams also noted the Borough Assembly had passed an ordinance to exempt senior citizens from paying tax on rent and noted how adjustments would need to be made to rents in order to cover the cost of the additional accounting that will be needed due to adjusted rental charges through different assistance programs. He added, the Borough had several other tax issues they are wanting to modify and cautioned the changes would be difficult in bookkeeping for private businesses. Williams noted, KENAI CITY COUNCIL MEETING MINUTES 1 SEPTEMBER 4, 2002 PAGE 11 sales tax has always been an across-the-board fairest tax possible. Bannock agreed and added, the change in the sales tax will make a difference for taxpayers in other ways. C-7. 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. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1971-2002 and Councilwoman Swarner SECONDED the motion. There were no public comments. Bannock noted the Planning 8v Zoning Commission unanimously approved the resolution. VOTE: Williams Yes Bookey Yes Swarner Yes Moore Absent Porter Yes Bannock Yes Jackman Yes MOTION PASSED UNANIMOUSLY. C-8. Resolution No. 2002-59 -- Awarding the Bid to Hutchings Chevrolet Cadillac, Inc. for an Airport Dump Truck - 2002 for the Total Amount of $79)788.90. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2002-59 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. It was noted, it would be a Chevrolet truck, similar to other city dump trucks and would be used to hold the sander. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 12 C-9. Resolution No. 2002-60 -- Awarding the Bid to North Star Paving & Construction, Inc. for Wastewater Treatment Plant Paving - 2002 for the Total Amount of $19,759.20. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-60 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. Public Works Manager Kornelis noted there were several areas around the treatment plant that would be paved, the work will be done this year, and the paving costs will be paid through the water/ sewer fund. VOTE: There were no objections. SO ORDERED, C-10, Resolution No. 2002-61 -- Supporting an Amendment to KPB 2.60 Clarifying Emergency Communications Authority and Revising Membership on the E-911 Board. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-61 and requested UNANIMOUS CONSENT. Councilwoman Jackman SECONDED the motion. There were no public comments. Police Chief Kopp explained the amendment to the borough ordinance would clarify that all city-wide 911 calls would go through the city's dispatchers. He added, this is now possible with automatic routing and new technology and will be more efficient. VOTE: There were no objections. SO ORDERED. C-11, Resolution No. 2002-62 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Marcie's Janitorial for the Period September 1, 2002 Through June 30, 2003. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2002-62 and Councilwoman Porter SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 13 There were no public comments. Airport Manager Cronkhite noted, the contract requires two walk-throughs during the day and then two to four hours of deep cleaning in the evening and covers sidewalk snow removal in the winter. It was noted it could be a cost savings to the city if a full-time person was hired to manage these responsibilities and could be discussed during budget season. VOTE: There were no objections. SO ORDERED, ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- Swarner noted the next meeting was scheduled for September 5 at 10:00 a.m. She also reported she and Director Craig would attend a predevelopment grant for assisted living facilities discussion in Anchorage later in the month. Referring to Williams' earlier information regarding the exemption on senior rent taxes, Porter suggested administration prepare a non -exemption ordinance to that effect. Council agreed and directed administration to bring forward an ordinance. D-2. Airport Commission -- Jackman reported the next meeting was scheduled for September 12 at 7:00 p.m. D-39 Harbor Commission -- Councilman Bookey noted the next meeting was scheduled for September 9 at 7:00 p.m. D-49 Library Commission -- Commission Chair Peters reported a meeting was held on September 3 and noted the following: • Grant possibilities were discussed and it was noted there were two city residents with grantwriting experience who offered their assistance to the library. • A high school student attended who is interested in appointment to the Commission. Her application will be included in the next meeting's packet for consideration. • The Friends of the Library are selling raffle tickets for their annual fundraising event. • Because there will not be a quorum for the next meeting, the Commission was requesting council to cancel their October meeting. MOTION: Councilwoman Jackman MOVED to excuse the Library Commission from their } October meeting and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 14 D-5. Parks & Recreation Commission -- Councilwoman Porter reported the next meeting was scheduled for September 5. Porter also referred to the proposed fee schedule for the Parks & Recreation Department and commented as follows: • Concerned different fees for the men's and women's basketball leagues will appear discriminatory. Director Frates explained the men's league play twice as many games as the women's league (a preference of the women's league) . Porter suggested a per -game fee be investigated and Snow stated they would discuss it further. • Shelter reservations at the different city parks. Porter stated she thought the same price should be charged for each shelter. • Deciding the worth of volunteer services, etc. for the care of the baseball and Little League fields is subjective and would be time-consuming to track. Frates stated it would be worked out through administration. Building costs can be tracked, but volunteer labor worth would have to be determined. Frates added, the $500 would be in lieu of the annual team fees. He continued, he was always looking for incentives for the leagues to help out and giving them an option he felt is one avenue. Bookey and Williams felt the $500 fee could seem insulting to the Little League due to the improvements they have made over the years. Snow explained, the leagues can pay the $500 or pay a yearly team fee. Swarner stated she disagreed with Porter's suggestion all the fees for use of parks should be the same. She noted the esthetics at Memorial Park were different than those at Municipal Park. Swarner also suggested a pass be available for public skating at the multi -purpose facility instead of a per use fee. Frates felt that could be worked into the program and felt it was a good idea. It was noted, the league fees cover the costs of maintenance, etc. at the Soldotna fields. Porter noted, council requested administration to bring forward user fees, and they did. D-6. Planning & Zoning Commission -- Bannock noted the minutes of the last two meetings were included in the packet and reviewed actions taken at the August 28 meeting as follows: • A preliminary plat was considered for property owned by the borough and approved. • A motion for reconsideration on a conditional use permit for a dog - grooming business failed and the applicant submitted a letter requesting an appeal to the Board of Adjustment immediately after the vote. Bannock added, scheduling the appeal hearing was a discussion item later in the meeting. It was suggested the appeal be set at this point in the meeting. MOTION: KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 15 Councilman Bookey MOVED to set the Board of Adjustment hearing in the Groomingdale's for 7:00 p.m., September 21 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Bannock continued, • Discussion took place regarding increasing public hearing fees and discontinuing certified mailings for public hearing notices. These items had been recommended to council for change several months ago and council failed both. These issues will be reviewed again by the Commission and, Bannock added, he felt council should review the issues again. Williams noted there is no record of receipt of notices if they are not certified. Bannock noted, precedence has been set by other chartered communities to not send certified notices. Porter reported sandwich board signs were discussed and it was noted the city has the right to remove sandwich board signs in the state right-of-way. The Commission will address the issue as a public hearing prior to it coming back to council for consideration. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting would be held on September 10 at 7:00 p.m. D-7b. Kenai Convention & Visitors Bureau Board -- No report. D-7c. Alaska Municipal League Report -- Williams reported he attended the Alaska Conference of Mayors meeting in Pelican and felt there were very good discussions regarding the state's financial position and tax revenues. Williams reviewed information included in the packet to this regard. D-7d. Kenai Chamber of Commerce -- Chamber President Brewer noted the following: • The Chamber's 18thAnnual Wine/Beer Tasting 8, Auction would be held on October 5 and requested a donation from the city toward the event. Because no funding had been included in the budget for this purpose, no donation was made. • Noted the Chamber had a conceptual idea to use the city planter rings to hold decorated fish signs to be sold by the Chamber for sponsorships. Swarner reported the Beautification Committee had not been approached in this regard and suggested they first present the idea to them. • The State Chamber Board Meeting will be held in Soldotna in September and to forward any issues to her for presentation at the meeting. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 16 Williams thanked the Chamber for their support of his recent letter regarding the Swanson River oilfield. He noted a teleconference would be held on Friday in this regard and requested Vice Mayor Swarner to attend. ITEM E: MINUTES E-1. Regular Meeting of August 21, 2002 -- Approved by consent agenda. ITEM F: CORRESPONDENCE -- None ITEM G: OLD BUSINESS G-1. Discussion -- Suggested Slash Removal Ordinance A brief discussion took place in regard to the three versions of the ordinance submitted by Attorney Graves. Comments included: • None of the draft ordinances would address wind -downed trees though there was interest expressed the ordinance should cover wind -downed trees. • The ordinance drafts were designed to address slash being stored in piles and not to address standing dead trees either. Bannock stated he recognized the problem and felt something should be done and preferred Draft # 1. Porter stated she appreciated the work done on the ordinance, but they didn't represent what she wanted, noting slash is a fire hazard and it is the responsibility of the city to have an area where people can deposit it. Porter stated, of the drafts she encouraged support of Draft # 1. Bookey stated he was not originally in favor of an ordinance, but because Draft # 1 addressed 120 days for disposition and slash storage would not be prohibited on lots 40,000 sq. ft. and larger, he would support Draft # 1. Porter requested administration to bring Draft # 1 of Ordinance No. 1963-2002 back for consideration. Council had no objections. BREAK TAKEN: 10:20 P.M. BACK TO ORDER: 10:30 P.M. G-2. Discussion -- City Logo Update Council reviewed other logo designs prepared by Councilwoman Porter and ,indicated favor for the design. Suggestions were made to increase the size of the derrick and lessen the size of the shrine. After adjustments are made, the designs will be brought back to council for additional review. ITEM H: NEW BUSINESS KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 17 H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. 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 and to amend the list by deleting the purchase order to Steel Consulting Group in the amount of $19,517.00. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-3, Ordinance No. 1972-2002 -- Increasing Estimated Revenues and Appropriations by $3,159.95 in the General Fund for New Desk Tops at Office Report Writing Stations. Introduced by consent agenda. H-4. Discussion -- -- Local Improvement District -- Toyon Way/Report to Council. Snow referred to a memorandum included in the packet which discussed the proposed paving project, costs, etc. and requested direction as to whether to bring forward a a resolution to set a public hearing date as required by code. Kornelis reported he received a call from Mr. Lofstedt (who had originally not signed the petition submitted for the improvement) who stated he would not oppose the improvement district. Discussion followed and it was noted assessment payments always go to the General Fund and not to the capital project. However, council could transfer it back to the capital fund. Concern was stated the fund could be depleted through the paving projects and at some point, council will have to address the policy on street improvements and the property owner match. It was suggested the property owner match be discussed during the policy work sessions to be held. Kornelis noted, he included funds expected in FY04 and assumed council will want to continue feeding this fund with the Municipal Matching Grant funding which can be used for anything. He added, the application for these funds had been received, however it is not known if the state will fund the grants. r KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 18 Whether to curtail the use of the fund monies for paving projects and leave a balance for emergency repairs, etc. or use the fund for paving until the fund is depleted was also discussed. It was noted, the amount of funding for 2004 won't be known until after May, 2003. Council directed administration to prepare the resolution and bring it forward for consideration at the September 18 meeting. H-5. Discussion -- Schedule Board of Adjustment Hearing/ Planning & Zoning Commission Denial of PZ02-43 -- An Application for a Conditional Use Permit for a Retail Business to Operate a Pet Grooming Business on the Property Known as 1802 Fourth Avenue (Lot 6, Block 2, Spruce Grove Subdivision), Kenai, Alaska. Nancy Henricksen, Applicant and Appellant. Set at Item D-6 for September 18, 2002 at 7:00 p.m. H-6. Discussion -- Livestock Ordinance Review. Referring to the information included in the packet, Porter recommended council continue with the ordinance as it now stands and as supported by the Kenai Police Department and Animal Control. Council voiced no objections. H-7. Discussion -- Policy Discussions Scheduling Council set the following dates for work sessions to discuss policy and requested administration to prepare an agenda of items: • Monday, October 14, 7:00 p.m., Council Chambers • Monday, October 21, 7:00 p.m., Council Chambers • Monday, November 4, 7:00 p.m., Council Chambers (if necessary) • Monday, November 18, 7:00 p.m., Council Chambers (if necessary) Snow will forward a draft list of discussion items to council ITEM I: REPORT OF THE MAYOR -- Williams noted the following: • Williams suggested council members notify their constituents the State has announced they would not plow sidewalks along the state highway through the city. • Referred to the Lawton Drive property to be included in the borough land sale (Bannock discussed earlier), and noted he suggested to the borough there should be some method of reimbursement to the property developer or city due to the utilities already having been placed to serve those properties. Bookey agreed and suggested when the city improves properties, it needs to be aware of neighboring properties and the benefits to them for city improvements and get them to participate in the costs. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 2002 PAGE 19 Williams suggested the city contact the borough and ask, since they will benefit from the improvements, if they would work with the developer to place the sewer line along Lawton instead of cutting in the new pavement. Kornelis stated he would investigate possible crossings. He reminded council there would be a possibility of requesting ownership of the property on which the city is drilling the exploratory well to be transferred to the city. Williams stated it was important to insure the sewer line be placed on the other side of the road prior to the developer of the golf course properties having the road paved. ITEM J: ADMINISTRATION REPORTS J-1. City Manager -- City Manager Snow noted the ' following: • Clint Hall had informed her of scheduling problems with the utility companies on the development of properties in Inlet Woods and requested a 30-day extension to his deadline of August 30. She approved the 30-day extension but informed him any other extensions would need approval of council. Snow added, she was informed this date HEA received the design plans and would be starting their work in the morning. Hall hopes to have the work completed by the end of the month. • Referred to the grant application report which was included in the packet. • Referred to her memorandum included in the packet noting a request from the Alaska SeaLife Center for two FYBROC pumps, Model 1500, size 3x4-8 and one 50 h.p. motor with controls. Council had no objections to the donation. Swarner referred to an article in the Nation's City Weekly which requested information of September 11 events taking place in communities across the country. She requested Snow send events the city would be participating in be forwarded to the newsletter. J-2. Attorney -- City Attorney Graves noted he would be taking annual leave September 25 and 26. Porter stated concerns the pond along Marathon Road was being used as a swimming hole and asked whether the city could be held liable if an accident takes place there. Graves stated the holder of the lease of that property which includes the pond, would be liable. He added, the city would not have the right of possession to do anything on the property without permission of the lessee. Graves suggested a letter be sent to the lessee saying the city is aware of the activity and they should take any precautions they feel necessary to prevent injury. J-3. City Clerk -- No report. ITEM K: DISCUSSION KENAI CITY COUNCIL MEETING MINUTES } SEPTEMBER 4, 2002 PAGE 20 K-10 Citizens -- None. K-2, Council Bookey -- No comments. Swarner -- Suggested Williams and administration prepare a guest column for the Clarion to outline effects of the tax initiative proposition. Council supported the suggestion and Williams, Snow and Semmens will prepare the letter. Porter -- Commented on the following: • Asked if Kornelis had contacted the state about the ring planters and Kornelis reported the project was finalized and there were no additional funds. He was also informed the state purchased the planters in Anchorage for a cost of $900 plus shipping. • Asked Cronkhite the progress on the grant for video surveillance cameras for the airport. Cronkhite reported Snow had signed the grant applications and she hoped to have the grant offer in the next week and to council at their September 18 meeting. Bannock -- No comments. Jackman -- No comments. EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT The meeting adjourned at approximately 11:25 p.m. Mi tes tran cribe d prepared by: y Carol L. Freas, City Clerk APPROVED BY COUNCIL 01 ATF L-C