HomeMy WebLinkAbout2001-02-21 Council MinutesAGENDA
KENAI CITY COUNCIL -REGULAR MEETING
FEBRUARY 21, 2001
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: Z /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: PUBLIC HEARINGS
1. Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC
14.20.220 and Replacing it with a New Sign Code, KMC 14.20.220.
a. Substitute Ordinance No. 1893-2001 -- Repealing the Current
Sign Code, KMC 14.20.220 and Replacing it with a New Sign
Code, KMC 14.20.220 [includes amendment proposed by Planning
& Zoning Commission at KMC 14.20.220(a)(11)].
b. Consideration of ordinance.
2. Ordinance No. 1894-2001 -- Amending KMC 14.20.105(i) (Tow-nsite
Historic (TSH) Zoning District) to Reflect a Change in the Numbering of
the New Sign Code, KMC 14.20.220 Which is Referenced in KMC
14.20.105(i).
3. Ordinance No. 1895-2001 -- Requesting that Land, Water and
Conservation Fund (LWCF) Restrictions be Released From City -Owned
Land Described as the F.A.A. Football Field (Portion of Borough Parcel
No. 047-058-07) and That the Restrictions be Converted to Replacement
Property Described as a Tract on the Kenai River Including a Portion of
Birch Island (Borough Parcel No. 049-110-09) After the Property is
Transferred to the State of Alaska.
4. Ordinance No. 1896-2001 -- Increasing Estimated Revenues and
Appropriations by $170,000 in the Airport Terminal Enterprise Fund for
Carpeting and Floor Covering Replacement and Seating.
-1-
5. Resolution No. 2001-11 -- Transferring $6,000 in the Legislative Budget
to the City Clerk Budget to Continue In -House Record
Management/Document Imaging Efforts.
6. *Liquor License Renewal -- Elks Lodge #2425 - Club License
ITEM D: COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8v Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
C. Alaska Municipal League Report
ITEM E_ MINUTES
1. *Regular Meeting of February 7, 2001.
ITEM F: CORRESPONDENCE
ITEM G: OLD BUSINESS
ITEM H: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1896-2001-- Increasing Estimated Revenues and
Appropriations by $10,480 for Revenue Sharing Pass -Through Grants.
4. *Ordinance No. 1897-2001 -- Increasing General Fund Estimated
Revenues and Appropriations by $14,040 for a Memorial Park Sidewalk
Extensions.
5. *Ordinance No. 1898-2001 -- Amending the Development Requirements
Table by Adding a Requirement for Setbacks to be Measured From the
Right -of -Way or Access Easement.
6. Discussion -- Schedule Board of Adjustment Hearing/Appealing the
Decision of the Planning & Zoning Commission on PZO 1-02, PZO 1-03,
PZO 1-04, and PZO 1-05, Relating to Conditional Use Permits Applications
Submitted by Michael Kent, d / b / a Alaska Lodge/James Krein, Applicant
WN
7.
8.
ITEM I:
1.
2.
3.
4.
5.
C.
7.
ITEM J!
Discussion -- Set Budget Work Session Dates
Discussion -- Set Volunteer Appreciation Reception Date
ADMINISTRATION REPORTS
Mayor
City Manager
Attorney
City Clerk
Finance Director
Public Works Managers
Airport Manager
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM K: ADJOURNMENT
-3-
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 21, 2001
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR JOHN J. WILLIAMS, PRESIDING
ITEM A: CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:03 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: Porter, Bannock, Frazer, Williams,
Bookey, Swarner and Moore.
A-3, AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
C-1, C- la, C-2 - Postpone to March 21, 2001 to allow Administration to include an
omitted section.
C-4 - remove from the regular agenda and place it on the Consent Agenda.
MOTION:
Councilwoman Swarner MOVED for approval of the agenda as amended and
Councilman Bookey SECONDED the motion. There were no objections. SO
ORDERED.
A-4, CONSENT AGENDA
H-9 -Add Ordinance No. 1896-2001 to the consent agenda (moving it from the regular
agenda) .
MOTION:
Councilwoman Swarner MOVED to approve the consent agenda as amended and
Councilman Moore SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS
Williams requested Paul Shadura speak at this time regarding a bill recently proposed
by Representative Lancaster which would charge a user fee for dip net fishing at the
mouth of the Kenai River.
') KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 21, 2001
PAGE 2
Paul Shadura - Explained he is a taxpayer and a property owner at the mouth of the
River and is also a member of the Kenai River Special Management Area Board.
Shadura spoke in favor of Lancaster's bill (HB, 693) . He noted an amendment would
be added to request funds received to be used for Fish 8, Game protection, parking
requirements, etc. since the city has received the responsibility of the dip net fishery.
Councilwoman Porter noted council's concern for the damage being done to the south
side of the river and that an ordinance would be coming forward to require those using
the fishery to be more accountable and that a resolution in support of the ordinance
would be brought forward at the Borough as well.
Bannock asked if the breakdown of costs calculated into the request on the city's
Capital Improvement List was forwarded to Lancaster and Public Works Manager
Kornelis confirmed the information was being assembled.
ITEM C: PUBLIC HEARINGS
C-1. Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC
14.20.220 and Replacing it with a New Sign Code, KMC 14.20.220.
Postponed to March 21, 2001 council meeting.
C-la. Substitute Ordinance No. 1893-2001 -- Repealing the Current Sign
Code, KMC 14.20.220 and Replacing it with a New Sign Code, KMC
14.20.220 [includes amendment proposed by Planning & Zoning
Commission at KMC 14.20.220(a) (11)J .
Postponed to March 21, 2001 council meeting.
C-2. Ordinance No. 1894-2001 -- Amending KMC 14.20.105(i) (Townsite
Historic (TSH) Zoning District) to Reflect a Change in the Numbering of
the New Sign Code, KMC 14.20.220 Which is Referenced in KMC
14.20.105(i).
Postponed to March 21, 2001 council meeting.
C-3. Ordinance No. 1895-2001 -- Requesting that Land, Water and
Conservation Fund (LWCF) Restrictions be Released From City -Owned
Land Described as the F.A.A. Football Field (Portion of Borough Parcel
No. 047-058-07) and That the Restrictions be Converted to Replacement
Property Described as a Tract on the Kenai River Including a Portion of
Birch Island (Borough Parcel No. 049-110-09) After the Property is
Transferred to the State of Alaska.
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 21, 2001
PAGE 3
Councilwoman Swarner MOVED for adoption of Ordinance No. 1895-2001 and
Councilman Moore SECONDED the motion.
Jim Stratton, Director of Alaska Parks & Outdoor Recreation - Stratton explained
the city/ State request for the exchange of property and conversion of restrictions was
going through the process with the federal agencies. In addition, several discussions
had already transpired with his office in regard to the development of Birch Island.
Stratton gave a brief presentation of the development ideas being prepared, i.e. a
walkway under the bridge, upgraded parking area, interpretative information, viewing
area, etc.
Stratton noted funding was already included in the STIP list for 2002 for design costs
and in the 2004 list for construction. He requested the city's continued involvement to
be sure the funds are not transferred to other projects as the State was looking
forward to the development and supported the property exchange.
Stratton was informed of the Department of Transportation bike path project that
would be connecting Kalifornsky Beach Road with the Spur Highway paths and the
hope that the Birch Island project could be tied into the bike path project. Stratton
stated he would contact DOT and discuss the two projects with them and stated he
felt the two project could "marry" easily.
City Manager Ross emphasized the ordinance would only enable a transfer. A
resolution to transfer would come forward when the conversion is completed which, he
believed, would be within 60 to 90 days.
Williams stated the city would like to have a public transfer document -signing
ceremony and Stratton stated he would be glad to participate. ,
VOTE:
Porter
Yes
Bannock
Yes
Frazer
Yes
Williams
Yes
Booke
Yes
Swarner
Yes
Moore
Yes
MOTION PASSED UNANIMOUSLY.
C-4. Ordinance No. 1896-2001 -- Increasing Estimated Revenues and
Appropriations by $170,000 in the Airport Terminal Enterprise Fund for
Carpeting and Floor Covering Replacement and Seating.
Moved to consent agenda.
C-5. Resolution No. 2001-11 -- Transferring $6,000 in the Legislative Budget
to the City Clerk Budget to Continue In -House Record
Management/ Document Imaging Efforts.
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 21 2001
PAGE 4
MOTION:
Councilwoman Swarner MOVED for approval of Resolution No. 2001-11 and
Councilman Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED,
C-6. Liquor License Renewal -- Elks Lodge #242 5 - Club License
Approved by consent agenda.
BREAK TAKEN. 7:5 5 P.M.
BACK TO ORDER: 8:0 8 P.M.
ITEM D: COMMISSION / COMMITTEE REPORTS
D-1. Council on Aging - Porter reported a meeting was scheduled for March
12, 2001.
D-2, Airport Commission - Swarner reported the minutes of the last meeting
were included in the packet. She noted an ERA Aviation representative spoke to the
Commission about their service to Kenai, however there was disappointment that no
public attended the meeting.
D-3. Harbor Commission - Bookey reported the minutes of the February 12
meeting were included in the packet; that Tom Thompson was elected Chair and Barry
Eldridge was elected Vice -Chair; and the Commission was updated on the progress of
the proposed coastal trail. Bookey reported the Commission would discuss their goals
and objectives at their March meeting.
Williams requested information of the Lancaster bill and city's ordinance be forwarded
to the Commission for their review and urge them to attend the council meeting for the
public hearing of the ordinance.
D-4. Library Commission - Moore reported the minutes of the February
meeting were included in the packet and the next meeting would be March 6.
D-5. Parks & Recreation Commission - Frazer reported the next meeting
was scheduled for March 1 and that the minutes of the February meeting were
included in the packet. Frazer also reported he spoke briefly with the Borough Risk
Manager about the proposal for the KCHS students to build skateboard park
components. The Risk Manager was not optimistic and had not yet discussed it with
the students; he would not be anxious to approve the plan unless engineered plans
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 21 2001
PAGE 5
were used or certified welders were doing the work; or if the city were willing to accept
the product liability. Frazer noted, the risk manager was very knowledgeable about
skateboard parks as some were being constructed locally for the Nikiski Recreation
Department from engineered plans. Ross noted Parks Director Frates was researching
costs of equipment, etc.
D-6. Planning & Zoning Commission - Bannock reported the minutes of the
February 14 meeting were included in the packet. He noted the Commission held a
public hearing on the amended Development Requirements Table and it was
unanimously approved.
D-7. Miscellaneous Commissions and Committees
D-7a. Beautification Committee - Swarner reported the minutes of the
February meeting were included in the packet and that the Committee chose "Blanket
of Blooms" for their Summer 2001 theme.
Porter noted comments in the minutes requested a council ordinance to clarify the
Committee's role and responsibilities and suggested it would be the Parks 8v
Recreation Commission that would set the direction of the Committee.
D-7b., Kenai Convention & Visitors Bureau Board - No report.
D-7c. Alaska Municipal League Report -Williams referred to a memorandum
from AML on the table for council review regarding joining and participating in the
National League of Cities (NLC) and NACO. It was noted the city is already a member
of NLC and the borough participated in NACO functions.
ITEM E: MINUTES
E-1, Regular Meeting of February 7, 2001 - 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
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:
'�. KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 21 2001
PAGE C
Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500
and Councilman Moore SECONDED the motion. There were no objections. SO
ORDERED.
H-3. Ordinance No. 1896-2001-- Increasing Estimated Revenues and
Appropriations by $10,480 for Revenue Sharing Pass -Through Grants.
Introduced by consent agenda.
H-4. Ordinance No. 1897-2001 -- Increasing General Fund Estimated
Revenues and Appropriations by $14,040 for a Memorial Park Sidewalk
Extensions.
Introduced by consent agenda.
H-50 Ordinance No. 1898-2001 -- Amending the Development Requirements
Table by Adding a Requirement for Setbacks to be Measured From the
Right -of -Way or Access Easement.
Introduced by consent agenda.
H-6. Discussion -- Schedule Board of Adjustment Hearing/Appealing the
Decision of the Planning & Zoning Commission on PZO 1-02, PZO 1-03,
PZO 1-04, and PZO 1-05, Relating to Conditional Use Permits Applications
Submitted by Michael Kent, d / b / a Alaska Lodge/James Krein, Applicant
Bannock reviewed a memorandum included in the packet which noted James Krein
submitted an appeal of actions taken by the Planning & Zoning Commission in regard
to applications for conditional use permits, transfer and amending conditional use
permits requested by Michael Kent, d/ b / a Alaska Lodge. He noted a copy of minutes
from the Commission's January 24 meeting indicated the chair explained actions
could be appealed within a 30-day period. The memorandum explained the code had
been changed to require an appeal be submitted within a fifteen -day period; that the
appeal was received past the fifteen -day period but within the 30-day period; that the
city attorney recommended council allow the 15-day period be waived because a court
would grant such a wavier if the issue were tested in court.
A brief discussion followed in which it was confirmed council was required to hear an
appeal and that Krein was present to request the 30-day period be waived, however
Kent was not.
Council set the Board of Adjustment hearing for Tuesday, March 6, 2001 at 7:00 p.m.
in the Council Chambers. Bannock requested geographic information be included in
the appeal packet of information.
H-7. Discussion -- Set Budget Work Session Dates
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 21, 2001
PAGE 7
Moore asked if the public would be given an opportunity to make budget requests as
done in the past. Williams stated he would prefer those requests be made in writing
by April 4, included with budget packet information, but not solicited.
Council set April 10, April 17 and April 24, 2001 as budget work sessions dates. It
was determined all sessions would begin at 7: 00 p.m. and be held at the Kenai Senior
Center.
Swarner suggested setting a breakfast with representatives of the Native community,
fishing industry and tourism industry (separately). Because of the budget hearings,
city manager search work sessions, etc., it was decided to set those breakfasts at the
council's April 4 meeting.
H-8. Discussion -- Set Volunteer Appreciation Reception Date
Williams referred to a memorandum included in the packet which explained National
Volunteer Week would be from April 22-28, 2001 and asked if council wanted to place
a "thank -you" advertisement in the paper as done in the past; if a reception or
barbecue is desired; if a barbecue is determined, should the invitation include the
volunteer and guest or volunteer and family; and on what date should the event be
held.
Council set Friday, April 27 as the day for the event and a committee including City
Clerk Freas, Councilwoman Porter and Councilman Bannock was set to plan the
event.
H-9. Ordinance No. 1896-2001-- Increasing Estimated Revenues and
Appropriations by $170,000 in the Airport Terminal Enterprise Fund for
Carpeting and Floor Covering Replacement and Seating.
Introduced by consent agenda.
ITEM I: ADMINISTRATION REPORTS
Mayor - Williams reported the following:
• Referred to I-1 request from Alaska Gasline Port Authority (included in
the packet) for a resolution "supporting the development of North Slope gas through
the utilization of the Alaska Gasline Port Authority for the maximum benefit of all
Alaska municipalities." Williams stated he was not ready to do a resolution of support
as there were still many unanswered questions about the viability of the project.
Council had no objections to declining the development of a support resolution.
• Thanked and congratulated the Fire Department for their year-end report
which was included in the packet.
I-2. City Manager - Ross reported the following:
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 21, 2001
PAGE 8
• Hall Quality Builders submitted a request to purchase 53 parcels in Inlet
Woods (a memorandum to this regard was added to the agenda at the beginning of the
meeting) . He noted no action was currently required as the required appraisals were
being prepared and the matter could be before council at their mid -March meeting.
• A request for purchase of Block 3, Five Irons Subdivision (large un-
subdivided block on the golf course) was received. Prior to proceeding with the sale
process, the matter would be forwarded to the Planning & Zoning Commission to
determine whether the property was zoned appropriately and whether the property
could be declared not needed for public purpose.
• The full back -page advertisement for the Peninsula Clarion's special
economic trends edition was available for council to review.
• A report regarding the multipurpose facility and suggested refrigeration
was included in the packet. A copy of the report would also be forwarded to the Parks
& Recreation Commission for their review and would be discussed at council's work
session scheduled for February 22.
• By March 30 all the city manager applications will have been reviewed
and sorted. He requested council review the applications between March 30 and April
10 so that the search could proceed.
I-3. Attorney - City Attorney Graves reported Sheryl Padilla would be
attending a class on publishing in April.
I-4. City Clerk - No report.
I-5. Finance Director - No report.
I-6. Public Works Managers
Kornelis:
Reported a meeting was held on Friday, February 16 with representatives of federal
and state agencies in regard to the proposed coastal trail project, along with
representatives of Petratrovich, Nottingham 8, Drage, Inc. They discussed alternatives,
purpose and need of the project; impact on salmon fry, possible impact on beach and
sand dunes, etc. A report was expected to be received prior to Williams and Swarner
travel Washington, DC to attend the Congress of Cities Conference and meet with the
Alaska congressional delegation.
Williams requested Clerk Freas to coordinate a meeting with the new FEMA Director.
Freas reported meetings had already been scheduled with Senators Stevens and
Murkowski and staff of Congressman Young.
I-7. Airport Manager - No report.
ITEM J: DISCUSSION
J-1. Citizens - None.
�. KENAI CITY COUNCIL MEETING MINUTES
° FEBRUARY 21 2001
PAGE 9
J-2. Council
Bookey -Reported he was very pleased with the attendance of the breakfast
with oil industry representatives. Comments he received from attendees was that they
should meet more often (possibly once each year).
Swarner - Agreed with Bookey and suggested they be held on a regular basis.
Moore - No comments.
Porter - Will not be in attendance at the March 21 council meeting.
Bannock - Councilman Frazer would be attending the February 28 Planning 8�
Zoning Commission for him as he would be out of town.
Frazer - Agreed with Bookey and noted there was a lot of optimism in the
future of the oil industry stated at the breakfast gathering.
EXECUTIVE SESSION - None Scheduled
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 9:17 p.m.
Minutes prepared and submitted by:
1 4�- Z. �S=e
Carol L. Freas, City Clerk
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