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HomeMy WebLinkAbout2002-11-20 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 20, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: KPB ASSEMBLY REPRESENTATIVE REPORT ITEM D: PUBLIC HEARINGS 1. Ordinance No. 1976-2002 -- Increasing Estimated Revenues and Appropriations by $5,105 in the Senior Citizen Borough Grant Fund. 2. Ordinance No. 1977-2002 -- Increasing Estimated Revenues and Appropriations by $431.76 in the Senior Citizens Title III Grant Fund for a Mini Grant for Travel. 3. *Liquor License Transfer -- From Spur Liquor, Inc. d/b/a One Stop Liquors to Amy Bowen, d/b/a One Stop Liquors -- Package Store. 4. *Liquor License Transfer -- From Gary E. & Susan L. Schnelting, d/b/a The Hole-N- One to Kenai Golf Course Cafe, Inc., d / b / a Kenai Golf Course Cafe -- Restaurant/ Eating Place, Seasonal. 5. *Application for Restaurant Designation Permit -- Kenai Golf Course Cafe, Inc. 6. *Liquor License Renewal -- L&,J Enterprises, Inc., d/b/a Three Bear/Package Store. -1- ITEM E: 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 F: MINUTES 1. *Regular Meeting of November 6, 2002. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1978-2002 -- Increasing Estimated Revenues and Appropriations by $203,671 in the 2003 Street Improvement Capital Project Fund. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (live minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM M: ADJOURNMENT -2- KENAI CITY COUNCIL - REGULAR MEETING 1 NOVEMBER 20, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt wc w.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER MINUTES Mayor Williams called the meeting to order at approximately 7:04 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: Bannock, Jackman, Williams, Bookey, Swarner, Moore, and Porter. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AT: E-5, Parks & Recreation Commission Report -- Commission application of Kendra Steiner. ADD TO: K-1, City Manager Report -- 11/20/02 Memorandum regarding Kenai River Bluff Erosion Study -- Project Status. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Councilman Bookey MOVED to approve the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: KPB ASSEMBLY REPRESENTATIVE REPORT Assemblywoman Betty Glick reported on actions taken by the Assembly at their November 19, 2002 meeting, including the following: • An Arctic Winter Games 2006 brochure with an application for volunteer help is being distributed to help promote the Games to come to the Peninsula. • They discussed their legislative priorities and how the list has expanded over the years. In reviewing the rules and powers of the borough, they decided to go back to the original premise of the compilation of the booklet and will be slimming it down. • Had a commendation resolution for the children in the borough who participation and won placements in the AML "If I were Mayor...." writing contest. • Let contracts for the Spruce Bark Beetle Program. • Passed a resolution requesting the opening of the DOT station in Ninilchik. • A public hearing was held on their Ordinance No. 2002-39 to amend the provisions of the sales tax code. One additional public hearing will be held on December 10 when the ordinance is up for consideration by the Assembly. She added, an amendment has been made on charges of sales tax on newspapers and lots of testimony had been received on how boat charters are taxed. • An ordinance appropriating $400,000 toward the expansion of the Soldotna facility was passed. • An ordinance was introduced for coastline mapping and modeling from Anchor Point to Kachemak Bay. • A resolution was passed transferring the responsibility of the environmental and preliminary phase of the Kenai Spur/ North Road Extension. ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 1976-2002 -- Increasing Estimated Revenues and Appropriations by $5,105 in the Senior Citizen Borough Grant Fund. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1976-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 3 Bannock Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-2., Ordinance No. 1977-2002 -- Increasing Estimated Revenues and Appropriations by $431.76 in the Senior Citizens Title III Grant Fund for a Mini Grant for Travel. MOTION: Councilwoman Swarner MOVED to approve Ordinance No. 1977-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Bannock Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-3, Liquor License Transfer -- From Spur Liquor, Inc. d/b/a One Stop Liquors to Amy Bowen, d/b/a One Stop Liquors -- Package Store. Approved by consent agenda. D-4. Liquor License Transfer -- From Gary E. 8v Susan L. Schnelting, d/ b / a The Hole-N-One to Kenai Golf Course Caf6, Inc., d/b/a Kenai Golf Course Cafe -- Restaurant/ Eating Place, Seasonal. Approved by consent agenda. D-5. Application for Restaurant Designation Permit -- Kenai Golf Course Caf6, Inc. Approved by consent agenda. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 4 D-6., Liquor License Renewal -- L8vJ Enterprises, Inc., d/b/a Three Bear/ Package Store. Approved by consent agenda. ITEM E: COMMISSION / COMMITTEE REPORTS E-19 Council on Aging -- Councilwoman Swarner reported the following: • The Senior Connection received the predevelopment grant for an assisted living facility in Kenai. • Letters were sent to tenants at Vintage Pointe informing them of the upcoming rent increase. It is her understanding some comments have been made but nothing directed to administration. Williams reported he had attended a meeting regarding housing for needy children and families. Because the meeting was well attended by other groups in the area and because there more groups to be contacted, a summit meeting was suggested to be held in the near future. Williams noted he was asked if the city had any property available and he reported the city may be able to help in that regard. He also suggested James Shill of Central Peninsula Counseling Services be contacted to attend their next meeting and that perhaps a housing facility could be included, as a separate building, in their Residential Treatment Center for Adolescents project. Councilwoman Jackman noted it was her understanding there are grants available for homelessness in connection with drug and alcohol concerns. E-2. Airport Commission -- Councilman Bannock reported he attended the November 14 Commission meeting for Councilwoman Jackman and noted the following: • A lengthy discussion took place regarding airport terminal parking revisions. Several scenarios were presented and the Commission reviewed them, made some suggestions, and the matter will be discussed further in February. • A special Use Permit for Alaska's Best Travel was discussed. The matter will come to council at their next meeting for consideration. • The tentative date for the Air Fair was set by the Fair committee for May 30. • An aircraft personal property flat tax draft ordinance (also included in the council's packet) was reviewed by the Commission and they approved its concept, though the draft was expected to return to the Commission for further discussion. Council discussed the flat tax ordinance briefly, asking when it might come forward to them for consideration. It was noted, in order for the tax to take effect and in the Borough's collection program, the tax would have to be in place by January 1. Due to KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 5 concerns the public might think the council was hurrying the ordinance through and to be sure the ordinance has plenty of review and time to comment, it was decided the ordinance could be held for a later introduction. E-3. Harbor Commission -- Councilman Bookey reported the Commission meeting was held Friday, November 15 at which time the Commission mostly discussed the coastal trail and the amount of fill being placed in Kenai River as a part of the flood reconstruction. Bookey noted, it is a puzzlement to him and others the fill is being placed without public hearings, studies, etc. which the city has done for the coastal trail. In addition, the latest comments received from the Corps of Engineers (distributed at the beginning of the meeting) suggests further study will need to be done of the information already compiled on the project. Williams recognized the Commission and Bookey's frustration to this regard and suggested the city contact the congressional delegation through a letter from City Manager Snow which would include an outline of all the efforts the city has taken, as well as money spent, in collecting information, studies, plans, etc. Williams added, he would be traveling to Washington, DC in March and would want to take a package of information with him to distribute to the congressional delegation. He suggested the information include costs, studies, etc., as well as solicited property owners' letters of concern. Williams and City Manager Snow will write the letter. D-4. Library Commission -- Councilman Moore reported the minutes of the November 5 meeting were included in the packet. He noted a correction needed in the minutes, i.e. the annual open house is scheduled for December 12 and not December 4 as indicated. D-5. Parks & Recreation Commission -- Councilwoman Porter reported the following: • The minutes of the November 7 meeting were included in the packet. • Initiation of a season pass for the ice rink was discussed and approved by the Commission. • Discussed the proposed shared teen program between the City and the Boys Girls Club. • Frank Getty updated the Commission on the placement of a gazebo at the cemetery. • Steve Booth presented the Commission with a landscaping design for Municipal Park. The Commission liked the plan and requested Frates to identify funding to initiate the project. Porter noted the application for placement on the Commission submitted by Kendra Steiner and distributed to council at the beginning of the meeting. Council had no objection to Williams' recommendation for appointments. It was also suggested a KENAI CITY COUNCIL MEETING NOVEMBER 20 2002 PAGE 6 letter be sent to the high school government teacher(s) regarding city commissions and committees on which students could apply for appointment and applications are available on the city's website. E-6. Planning & Zoning Commission -- Councilman Bannock reported on actions taken at the November 11 Commission meeting. He also noted the Commission discussed whether to bring forward for public hearing a resolution recommending amendment of the code requirement to send public hearing notices by certified mail. He noted, the Commission reviewed an opinion from City Attorney Graves who stated there was no rule saying the code must require notices sent by certified mail. After discussion, the Commission recommended the certified mailing requirement be eliminated from the code and a public hearing was set on the matter. Council discussed the matter briefly. Though there was difference of opinion of whether the certified mailing should continue, council directed the matter move forward and come to council for consideration. E-?. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported there was no quorum available for the November 12 meeting. E-7b. Kenai Convention & Visitors Bureau Board -- Bookey reported a meeting was held on Monday, November 18. He noted the Board is planning to hold a strategic planning session and they approved a new three -fold color brochure for distribution. E-?c. Alaska Municipal League Report -- Williams reported he, Councilman Bookey and Councilwoman Swarner attended the AML Conference in Valdez. He, Swarner and Bookey noted the following: • The League would be staying neutral on many subjects in an effort to give the newly elected Governor and staff time to get settled. • Discussed gas pipeline ownership and recognized that if the state owns it, language should be developed to authorize municipalities through which the pipeline travels, to be able to collect taxes on it. • Councilwoman Swarner was appointed to the Legislative Land Use and Economic Development Committee. She will participate in a lobbying trip to Juneau in April, as well other meetings. • Two Kenai school children traveled to Valdez to collect their awards for their participation in the AML "If I were Mayor..." writing contest. • The City of Kenai received the AML Community Award of Excellence in regard to the Airport Operations Facility. Williams presented the award to Airport Manager Cronkhite and Fire Chief Walden on behalf of the council. KENAI CITY COUNCIL MEETING I NOVEMBER 20, 2002 PAGE 7 E-7d, Kenai Chamber of Commerce-- No report BREAK TAKEN: 8:27 P.M. BACK TO ORDER: 8:37 P.M. ITEM F: MINUTES F-1. Regular Meeting of November 6, 2002 -- Approved by consent agenda. ITEM G: ITEM H: ITEM I: I-1. MOTION: CORRESPONDENCE -- None. OLD BUSINESS -- None. NEW BUSINESS Bills to be Paid, Bills to be Ratified Councilman Bookey MOVED to pay the bills and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED, I-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED, I-3. Ordinance No. 1978-2002 -- Increasing Estimated Revenues and Appropriations by $203,671 in the 2003 Street Improvement Capital Project Fund. Introduced by consent agenda. ITEM J: REPORT OF THE MAYOR -- Williams reported he would be participating in the National Guard "BossLift" program and would be absent from the December 4 meeting. Vice Mayor Bookey will conduct the December 4 council meeting. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Snow reported the following items: KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 8 • She received a signed conversion releasing the old FAA football field property from Bureau of Outdoor Recreation (BOR) restrictions, assigning that property to the City of Kenai and releasing the city's Birch Island property from the city to the National Parks Service. Williams requested Snow write a letter to Senator Stevens to thank him for his intervention and help in bringing the matter to a conclusion. Snow suggested a letter be written to Jim Stratton, Alaska Department of Parks & Outdoor Recreation, for his help in the matter as well. Snow also noted, the other piece of FAA property with environmental difficulties has not yet been deeded to the city. A report has been filed with the appropriate agencies for review prior to the FAA deeding the property to the city. • Noted the correspondence from the Corps of Engineers regarding the bluff erosion project. • Has had informal talks with Attorney Graves regarding city business hours and hours of work. Snow noted council had given directives at policy work sessions to investigate areas of city activities where efficiencies can be gained. One of those areas identified was changing some areas of the city work force to four -ten work weeks, gaining efficiencies instead of paying overtime. Without objections from council, an ordinance will be brought forward for council's feedback. Swarner, referring to the STIP list included in the packet, asked how points can be increased for projects. Snow reported she and Public Works Manger Kornelis met with DOT and received information to that regard and she would pass it on to Swarner for her review. • Was advised by the Kenai Peninsula Borough Finance Director he would be available to make a presentation at the December 4 council meeting in regard to the amendments being considered by the Assembly to their sales tax ordinance. Council requested the presentation be made. Swarner noted her concerns there are a number of political and personal issue signs placed and left in the city right-of-ways and asked what could be done to eliminate them. Graves noted political signs, by code, need to be removed within two weeks after an election or can be taken down and the individual can be billed for the cost of removal. Personal issue signs are also allowed by code and he would investigate this issue closer. K-2. Attorney -- City Attorney Graves reported he and Chief Kopp had been reviewing the city's curfew law and in order to bring forward an ordinance to update it, were investigating other curfew laws and how the courts have ruled to this regard. K-3. City Clerk -- No report. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 9 ITEM L: DISCUSSION L-1. Citizens -- None. L-2, Council Bookey -- No comments. Swarner -- Reminded council of the EDD Economic Forum to be held December 6 and 7 at Kenai Peninsula College. Williams also noted, if any council members were interested in serving on the EDD Board to let him know. Moore -- No comments. Porter -- Noted the following: • She had received questions from a number of constituents who asked if the City of Kenai would be considering a smoking ordinance as was done in Soldotna. She suggested the issue receive preliminary discussion during a January meeting. • Asked if council had any objections to offering a "day off with pay" as a door prize for the employee appreciation dinner. Council had no objections. 0 Asked if the council would be meeting with the Peninsula Legislators prior to their leaving for Juneau and Clerk Freas was requested to contact the Legislators and find a convenient date. • Asked if there could be mechanisms in place to allow planes diverted to Kenai due to bad weather to be deplaned in a secure area. Airport Manager Cronkhite reported they were working with Transportation Security Administration (TSA) to develop a security program, however every airline has its own security requirements. • Asked that the placement of the sandwich sign in the right-of-way along Willow Street be reviewed. Bannock -- No comments. Jackman -- Noted the following: • She will be attending the Assembly meeting when the dental clinic grant matter comes before them for consideration. • She was asked to be present at the interviews for the hospital administrator and reported the candidates were very qualified. The person from Elmendorf was hired. • The Kenai hospital clinic offers pre -operation testing, screening, mammography, monitoring, etc. Because many people are unaware of its presence in Kenai, they will be doing more advertising and public promotion. • She spoke with the hospital administrator candidates and they were very interested in the proposed assisted living facility in Kenai. She suggested the new administrator be contacted to this regard. • It has been suggested to her the city should have a representative attending the hospital board meetings. She added, she was very interested in attending the meetings and council had no objections to her doing so and represent the city. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 10 Councilwoman Porter left the meeting at 9:24 p.m. Williams -- Noted the following: • He sent letters of congratulations to congressional and state Legislators. • He was invited to attend the signing of the Kachemak Pipeline Agreement which he would attend in Anchorage on November 26. • Asked if a date had been set for the joint work session with the Soldotna Council and City Manager Snow reported she was still waiting to hear back from the Soldotna City Manager. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 9:26 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY CC)UNC#L rVU-7 �'7N1.'XKVM� ATE C I