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HomeMy WebLinkAbout2001-11-07 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 7, 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) 1. Kathy Gensel -- Alaska's Junior Miss Scholarship Program/Request for Donation. ITEM C: PUBLIC HEARINGS l . Ordinance No. 1939-2001-- Finding Certain City -Owned Foreclosed Land, Identified as Lot 2, Block 1, Kaknu Korners, is Needed for a Public Purpose. 2. Ordinance No. 1940-2001-- Increasing Estimated Revenues & Appropriations by $45,500 in the General Fund for Ice Maintenance. 3. Ordinance No. 1941-2001 -- Increasing Estimated Revenue and Appropriations by $12,000 in the Water and Sewer Fund for a Water Rate Study. 4. Resolution No. 2001-79 -- Requesting the State of Alaska Department of Fish & Game to Take Necessary Actions to Provide for Protection of the Environment During the Dip Net Fishery at the South Side of the Mouth of the Kenai River. 5. Resolution No. 2001-80 -- Recommending the Alaska Historical Commission and the U.S. Board of Geographic Names Officially Name an Unnamed Peak in the Aleutian Range, Mount Saint Florian. 6. Resolution No. 2001-81 -- Awarding the Bid to Dr. Ice for Ice Maintenance and Refrigeration Technician Services - 2001 for the Total Amount of $15,357.75 Per Month. 7. Resolution No. 2001-82 -- Awarding a $14,765 Sole Source Contract to Office Products Services for Laserfiche Software with Training and Installation Support. 8. Resolution No. 2001-83 -- Designating the Kenai Coastal Trail Project as the City of Kenai's Number One Overall STIP Capital Improvement Project. 9. Resolution No. 2001-84 -- Adopting the City of Kenai, Alaska 2002- 2003 Capital Improvement Project (CIP) Priority List for Request of State Grants. 10. Resolution No. 2001-85 -- Supporting the State Department of Natural Resources Purchase of Property Identified as Lots 3-6, Wild Rose Subdivision, Kenai, Alaska for Development of a Boat Launch Access Facility for the Lower Kenai River. 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 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention 8v Visitors Bureau Board C. Alaska Municipal League Report TTRM R- MTNTTTPC 1. *Regular Meeting of October 17, 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. 1942-2001-- Amending KMC 14.20.280(c) to Remove the Requirement that Notification of Public Hearings be Sent Via Certified j Mail. . 4. Ordinance No. 1943-2001-- Amending KMC 14.05.020 to Increase the Fee for Applications for Variances, Encroachments, Conditional Use Permits, and Amendments to the Kenai Zoning Code or the Official Map from $100 to $200. Various Other Sections of Title 14 are Also Amended to Reflect This Change. 5. *Ordinance No. 1944-2001 -- Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund and Kenai Coastal Trail Capital Project Fund for Additional Environmental and Permitting Work. 6. Approval -- Sublease of Pingo Properties, Inc. and Geoffrey M. Graves, Individually to David and Janey Ring -- Lot 6A, Block 1, Gusty Subdivision No. 4. 7. Approval -- Changes in Kenai Community Library Regulations. 8. Approval -- Leif Hansen Memorial Park/Policy and Procedures Amendments. 9. Approval -- Kenai Airport ARFF/SRE Facility/Change Order No. 2 -- $28,188. 10. Discussion -- Economic Development District Forum/November 16 8v } 171 2001 -- Sponsorship Request. 11. Discussion -- Borough Ordinance 2001-29/Planning Commission Membership. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 7, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:04 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. WIT _T_ nAT_T_ Roll was taken by the City Clerk. Present were: Bookey, Swarner, Moore, Porter, Bannock, Jackman, and Williams. A- 3 . AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: MOVE: H-9, Kenai Airport ARFF/ SRE Facility/ Change Order No. 2 -- $28,188 -- Move to hear before "C" Items. SUBSTITUTE: H-10, Updated DRAFT Agenda for KPB 2001 Economic Outlook Forum SUBSTITUTE: H-11, KPB Ordinance 2001-29, AS AMENDED and move to be heard prior to C-1. MOTION: Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Moore SECONDED the motion. There were no obj ections. SO ORDERED. A-4. MOTION: CONSENT AGENDA Councilwoman Swarner MOVED to approve the agenda as presented and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS -) KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 2 B-1. Kathy Gensel -- Alaska's Junior Miss Scholarship Program/ Request for Donation. Gensel explained she was the fundraising chair of the Alaska Jr. Miss Program on the Kenai Peninsula and noted there would be 18 participants in this year's program to be held at the KCHS auditorium. She added, due to some changes in the program schedule, they would be unable to meet the costs for the auditorium rental and requested a donation from council to help offset their production costs. Gensel noted they had not contacted the Borough or the City of Soldotna for donations. MOTION: Councilwoman Porter MOVED to contribute $250 toward the production costs of the Jr. Miss Program and Councilman Bannock SECONDED the motion. MOTION TO AMEND: Councilman Moore MOVED to contribute $500 toward the costs and urged the City of Soldotna to also donate $500. Councilwoman Jackman SECONDED the motion. Swarner stated she supported the original motion since the item was not included in the Legislative budget. Bookey urged support of the amendment and suggested Gensel to request funding for next year's program during budget preparation. VOTE ON AMENDMENT: By a show of hands, the amendment passed. VOTE ON MAIN AMENDED MOTION: VOTE: Bookey Yes Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes MOTION PASSED UNANIMOUSLY. H-11. Discussion -- Borough Ordinance 2001-29/Planning Commission Membership. Tim Navarre -- President, Kenai Peninsula Borough Assembly. Navarre reviewed the amended ordinance which was distributed to council and added to the packet at the beginning of the meeting. He explained, the amendments included changing the membership to no more than 13; the cities will be able to make their appointment -- � KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 3 recommendation; and the areas outside of the cities will be represented by eight seats. The amendments were made due to the cities' willingness to keep their seat and was not based on population. Navarre urged council's support of the changes as he believed the other Peninsula cities would support the amendments as well. Navarre noted, the seat now held by John Hammelman, who lives in Kenai but represents properties outside of the Borough, would have to be eliminated according to the amendments. Bannock stated his support of the amendments and suggested a letter be forwarded to the Borough prior to their final public hearing on the matter (November 20), noting the city's support of the amendments, i.e. changing the membership to 13 with five members representing the cities and eight representing areas outside of the cities. There were no objections from council to send a letter of support. Navarre urged the city's continued support of the Alaska Municipal League and National Association of Counties and invited the council members and city staff attending the AML conference to dinner on Wednesday, November 28. H-9. Approval -- Kenai Airport ARFF/SRE Facility/Change Order No. 2 -- � $28,188. Marco Zaccaro, RIM Architects -- Zaccaro explained Change Order No. 2 represented the use of different doors than were included in the original specifications used by the contractors to prepare their bids. He noted, during the bid process, it became evident by the contractor, there were no manufacturers that could provide the doors as specified (steel thickness and wind load requirements). Based on information they received from manufacturers, the requirements were revised to accommodate multiple available products and the FAA approved the change order. It was also noted, the FAA would be paying their standard portion toward the use of these doors. Dan Green, Contractor -- Green verified the problems with the doors and the cost differences. MOTION: Councilwoman Porter MOVED to approve Change Order No. 2 for the Kenai Airport ARFF/SRE Facility in the amount of $28,188. Councilman Moore SECONDED the motion. VOTE: -Bookey Yes Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes :::J I ) KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 4 MOTION PASSED UNANIMOUSLY. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1939-2001-- Finding Certain City -Owned Foreclosed Land, Identified as Lot 2, Block 1, Kaknu Korners, is Needed for a Public Purpose. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1939-2001 and Councilwoman Porter SECONDED the motion. Debbie Sonberg -- Requested council to hold the property aside from development until she and others from the neighborhood and the Parks & Recreation Commission have time to design a suitable park for that area. If a park plan cannot be decided, then make the property available for other use. Williams suggested the plan be developed prior to budget preparation in order for cost considerations to be addressed at that time. He also suggested the city be requested to fence the area to better identify the boundaries. Finance Director Semmens noted the city will be paying approximately $1,450 taxes on the property. VOTE: Bookey Yes Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes MOTION PASSED UNANIMOUSLY. C-2, Ordinance No. 1940-2001-- Increasing Estimated Revenues & Appropriations by $45,500 in the General Fund for Ice Maintenance. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1940-2001 and Councilman Moore SECONDED the motion. There were no public comments. During a lengthy discussion, Moore stated his surprise at the cost for the maintenance and the Zamboni repair needs. He added, he believed the cost to be too expensive. Bookey noted he requested Administration to prepare some alterative plans to try to lessen the cost. He stated he would not support the ordinance because the amount budgeted for maintenance was $40,000. Bookey added, he expected the rink would be run at a loss this year, but didn't expect KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 5 it to be so much. He suggested it may be less expensive to hire another employee to handle the maintenance. Porter noted there were other rinks of this type operating in Alaska and asked what they paid an hour for maintenance. Parks &Recreation Director Frates indicated from $30 to $50 an hour and the amount included for this proposal was $27.88 an hour. Frates suggested hiring the contractor would better ensure quality ice and identification of refrigeration problems. He added, the LLC had paid $50 an hour for ice maintenance. Russ Milstein, DR Ice -- Milstein reviewed maintenance costs and his proposal. He noted his proposal was based on the fact there was no timeline of hours of operation included in the Request for Proposals. Milstein added, lessening the amount of hours of operation could lower the cost of the maintenance. Swarner requested the Zamboni be inspected by the city's shop personnel to verify repairs needing to be made. Bookey agreed with other comments made, but requested alternatives be investigated, i.e. additional employee(s), hours of operation, etc. He suggested tabling the ordinance until November 21. Moore suggested investigating a } time and material basis. Milstein noted the city's insurance coverage requirements are a fixed cost and continues no matter how many hours a day he is working. He added, council needed to remember the ice now would be an efficient ice surface and without maintenance on an hourly basis, there could be problems, i.e. damage to the lines, unsafe surface, etc. He recommended council consider those concerns and suggested the amount of hours could be changed to 12 to 13-hours a day. Snow asked if council wanted to direct administration to negotiate a contract or terms of the contract to allow the city to have more control over the hours of ice and discuss ways to phase in a more city -run, independent and economical maintenance program. She added, administration did run some scenarios about city employee involvement, but found they did not have enough time, knowledge and experience to be able to recommend other methods to council and felt through negotiation of the contract, the city could control some of the time, custodial responsibilities, etc. MOTION TO TABLE: Councilwoman Swarner MOVED to table Ordinance no. 1940-2001 until the next council meeting and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. Williams noted, when putting the budget together and discussing the ice rink, he stated the city would have to investigating hiring a full-time employee to run the rink. � KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 6 Council chose not to address the matter at that time, but would when it became an issue. He added, he agreed the issue needed additional review, but also felt the city would be operating the facility in the near future. VOTE: There were no objections. SO ORDERED. C-3. Ordinance No. 1941-2001 -- Increasing Estimated Revenue and Appropriations by $12,000 in the Water and Sewer Fund for a Water Rate Study. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1941-2001 and Councilman Bookey SECONDED the motion. There were no public comments. Public Works Manager Kornelis explained, DEC recommends a water rate study done every five years and one had not been done since 1978. DEC pays for preparation of sewer studies but the city has not been eligible for the water study. He noted, the completed study can be used to show the state the city's need for more funding in the future. VOTE: Bookey Yes Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 2001-79 -- Requesting the State of Alaska Department of Fish 8, Game to Take Necessary Actions to Provide for Protection of the Environment During the Dip Net Fishery at the South Side of the Mouth of the Kenai River. MOTION: Councilwoman Porter MOVED for adoption of Resolution No. 2001-79 and Councilman Moore SECONDED the motion. There were no public comments. Porter explained it was her intent to forward a copy of the resolution to the Borough for their review in order for them to consider a similar resolution for passage. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 7 C-5. Resolution No. 2001-80 -- Recommending the Alaska Historical Commission and the U.S. Board of Geographic Names Officially Name an Unnamed Peak in the Aleutian Range, Mount Saint Florian. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 2001-80 and Councilman Bannock SECONDED the motion. There were no public comments. Fire Marshal Baisden explained Saint Florian is the patron saint of all firefighters and they were submitting the necessary paperwork to name the mountain in memory of those who lost their lives from the events of September 11, 2001 and firefighters who had lost their lives over the years. He added, City of Kenai's Firefighter John Harris had agreed to summit the mountain in the summer. VOTE: There were no objections. SO ORDERED, C-6., Resolution No. 2001-81 -- Awarding the Bid to Dr. Ice for Ice Maintenance and Refrigeration Technician Services - 2001 for the Total Amount of $15,357.75 Per Month. MOTION: Councilwoman Swarner MOVED to approve Resolution No. 2001-81 and Councilman Moore SECONDED the motion. MOTION TO TABLE: Councilman Bookey MOVED to table Resolution No. 2001-81 until the next council meeting and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, C-7. Resolution No. 2001-82 -- Awarding a $14,765 Sole Source Contract to Office Products Services for Laserfiche Software with Training and Installation Support. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-82 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. J There were no public or council comments. KENAI CITY COUNCIL MEETING NOVEMBER 7 2001 PAGE 8 VOTE: There were no objections. SO ORDERED, C-8. Resolution No. 2001-83 -- Designating the Kenai Coastal Trail Project as the City of Kenai's Number One Overall STIP Capital Improvement Project. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2001-83 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, C-9. Resolution No. 2001-84 -- Adopting the City of Kenai, Alaska 2002- 2003 Capital Improvement Project (CIP) Priority List for Request of State Grants. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-84 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, C-10. Resolution No. 2001-85 -- Supporting the State Department of Natural Resources Purchase of Property Identified as Lots 3-6, Wild Rose Subdivision, Kenai, Alaska for Development of a Boat Launch Access Facility for the Lower Kenai River. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2001-85 and � Councilman Bookey SECONDED the motion. ) KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 9 Chris Garcia, 2528 Beaver Loop Road -- Stated adjoining a boat launch to Cunningham Park would be travesty to the Park, as well as increasing traffic on Beaver Loop Road; increase dip net traffic; would become a stopping point for guides who live out of state; and generally would create problems for those who live in the neighborhood. Garcia suggested placing playground equipment in Cunningham Park instead and pressure the State to place a boat launch at another site (upper or lower river) . Garcia added, the people who live in that area should be the council's primary concern. Williams explained the city had already suggested the launch be placed either on land above the Park or at the bridge and the State objected to both. He added, if another launch is to be built in the city, it would have to be built with State approval and, since funds for the purchase of the property for the launch will come from the State, and this is the property they are offering, reference to the Wild Rose property was included in the resolution. Porter asked if, after development, the park would become a hardship on the community, could it be closed and Williams stated there was no clear answer at this time as there could be perpetual use restrictions involved. Mike Ashwell, P.O. Box 3491, Kenai -- Ashwell noted he lives across the road from Cunningham Park and stated his concerns as: • Whether or not there is actual need for another launch other than during the dip net season. • The neighborhood is primarily residential and a boat launch wouldn't maintain or improve the quality of life. • Traffic problems. • Current problem of speeding motorists along Beaver Loop Road. • Sight distance. • Parking space and turnarounds for trailers, etc. • Beaver Loop Road would need a turn lane. • Consideration should be given to bank erosion which will happen from boat traffic on the river. • Whether there is sufficient space. • Maintenance and operations costs. • Impact on bank fishers at Cunningham Park. • Impact to migration of fish. Jim Krein, 365 Dolchok Lane, Kenai -- Stated his opposition to the project, noting the following: • There are already two public boat launches within the city. • The gain with another boat launch may only be for drift fishers using it as another haul out site. • This it would be a great disservice to bank fishers. • Guides will be using it primarily and would push out other users. -� • Economic benefit would be minim al. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 10 • The purpose of the launch should be to serve the people. • This launch would serve mostly people from out of the area. • Pollution and access problems. • Road traffic. Larry Roscoe -- Stated his objections to the boat launch stating: • He agreed with the other comments made. • The valuation of property in the area would be impacted. • This site for a boat launch could impact the ability for property owners to sell their properties. • Adding a launch would bring more people in who would mostly be from out of the area. Ted Knight, 1506 Rose Lane, Kenai -- Stated he objected to adding the launch stating: • The city would have to compensate him for it being there. • A boat launch would be a danger. • Adding a boat launch would impact fishing. It was noted that although the city would collect fees for use of the launch, no funding, fee schedule or employee assignments had yet been made, and it could be three years before the launch would be developed. Swarner stated she would not support the resolution as there was no assurance from the State that funding would be available to develop and maintain the launch. She added, she would prefer the boat launch be placed upstream from the Park as council had previously discussed. Bannock noted, when the upgrade of Cunningham Park was discussed, there were many comments of those who wanted a boat launch because the unapproved launch had been removed. He stated he would support the resolution in order for a launch to be built, but wanted to continue to work with the State in order to insure the design of the park would protect other users from being impacted by the launch. Moore stated he preferred placing the launch by the bridge, but that alternative had been asked and answered. Bookey stated he personally was against a boat launch, but as a representative of 7,000 people, he believed there is definitely a use for a launch. Jackman stated she didn't want the city to be giving in, wanted to compromise, and didn't think a launch would be in the best interest of the city. Williams stated he wasn't looking at the project from a financial standpoint, but what it would offer as a recreational facility for the people of the community. After reviewing the history of the boat launch and alternatives the city had offered, Williams added council could either proceed and support the purch ase of the property or say no, KENAI CITY COUNCIL MEETING } NOVEMBER 7, 2001 PAGE 11 although saying no would probably end any hope of adding a boat launch on the lower - river. Mike Ashwell -- Suggested expanding the current city dock and stated he was concerned the effect the launch would have on the neighborhood was not being considered. Delores Garcia -- Stated Carrol Martin had expressed interest in developing a boat launch from his property on the other side of the river in the past. She added, many guide boats use Cunningham Park to pick up and drop clients which is a problem for the bank fishers. Garcia added, she would really like playground equipment be placed at the Park. Chris Garcia -- Garcia stated, if an attempt is made to place a launch in that area, it would be a nightmare to maintain. VOTE: Bookey Yes Swarner No Moore No Porter Yes Bannock Yes Jackman No Williams Yes J I MOTION PASSED. Williams requested administration to continue to work with the State in developing the design and examining the use of property for the launch across the river. BREAK TAKEN: 9:15 P.M. BACK TO ORDER: 9:40 P.M. ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- No report. D-2. Airport Commission -- Jackman reported the next meeting was scheduled for November 8 at which there would be only one item for discussion. D-3. Harbor Commission -- Bookey reported the Commission met on November 5 at which he reported on the work session in regard to the coastal trail project. Bookey also reported he had a long discussion with Phil North regarding the negative comments received in regard to the permit. North explained he believed the project to be very viable, but felt a dialog should have been started prior to the permitting process and believed it would take from six to eight months before a permit could be approved. Bookey stated he wanted to continue to work with the agencies. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 12 Williams requested administration contact the engineers and direct them to send a copy of the letter they are preparing to the agencies to council for review at the November 21 meeting or before the letter is forwarded on to the agencies. City Manager Snow reported the Borough had offered their help in processing the permit. D-4. Library Commission -- Moore reported a meeting was held November 6 at which the Friends reported a very successful raffle. Chairman Peters also reported he was investigating the availability of possible grants for the library expansion and a committee was formed to help in the review. Moore added, the Commission discussed the concern of changing the meeting time to be more uniform with other meeting starts and to insure the meeting is available to the public. The Commission decided they did not want to change the site of the meeting to City Hall and wanted to begin their meetings at 6:00 p.m. Council had no objections to changing the meeting time to 6:00 p.m. D-5. Parks & Recreation Commission -- Porter reported there was no quorum available. It was noted manufacturing of ice should begin around December 6. D-6. Planning & Zoning Commission -- Bannock reported on the October 24 meeting and noted the minutes of the meeting were included in the packet. He noted there was a lengthy discussion about their Resolution No. PZ01-59 having to do with no parking of motor vehicles (including snow machines, boats all -terrain vehicles, trailers, etc.) in front yards or unimproved surfaces. He noted the Commission requested some revision to the resolution prior to their having a public hearing on the matter. A general discussion followed regarding the ability to enforce this or other ordinances. Porter stated her desire to have people know that when the city establishes an ordinance, it is put in place to protect their rights. She added, she believed the city should follow through with processing complaints and if administration requires another tool to complete the process, it was the council's responsibility make sure it is available. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting would be held on November 13. D-7b. Kenai Convention & Visitors Bureau Board -- Bookey reported there was a meeting held on November 12. Speaking for the Board, Executive Director Kathy Tarr discussed issues facing tourism and advertising, the Center's next art show and their hopes to tie it into their tenth anniversary, etc. 1 D-7c. Alaska Municipal League Report -- No report. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 13 E-1, Regular Meeting of October 17, 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. 1 H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. Porter questioned the purchase orders to Alaska New Home Builders and Public Works Manager La Shot reported the company is located out of the city, however they have done work for the city in the past and done very good work. Porter stated she would not support the purchase orders to Alaska New Home Builders. MOTION: Councilwoman Porter MOVED to amend the list by removing the two purchase orders to Alaska New Home Builders from the list and Councilman Bookey SECONDED the motion. VOTE: Bookey Yes Swarner No Moore No Porter Yes Bannock Yes Jackman Yes Williams No 1 MOTION PASSED. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 14 VOTE ON MAIN AMENDED MOTION: Bookey Yes Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes MOTION PASSED UNANIMOUSLY. Discussion on the Alaska New Home Builders purchase orders followed. Swarner stated her support of the purchase orders as the company had done work for the city before and the work was acceptable. MOTION: Councilwoman Swarner MOVED to approve the purchase orders to Alaska New Home Builders for the amounts of $6,213 for office remodeling and the Senior Center carpentry repairs for $3,3 10. Councilwoman Porter SECONDED the motion. Jackman asked if the previous work had gone to bid and La Shot answered yes, some of it and this was a negotiated contract. Bannock stated he would support the motion but because added together, the two purchase orders were very close to $10,000, he was concerned of the appearance of wrongdoing. It was noted they were two different jobs and buildings. Porter stated she wanted to be sure people who live in Kenai be given an equal ability to do good work. VOTE: Bookey Yes Swarner Yes Moore Yes Porter No Bannock Yes Jackman Yes Williams Yes MOTION PASSED, H-3. Ordinance No. 1942-2001-- Amending KMC 14.20.280(c) to Remove the Requirement that Notification of Public Hearings be Sent Via Certified Mail. Introduced by consent agenda. H-4. Ordinance No. 1943-2001-- Amending KMC 14.05.020 to Increase the Fee for Applications for Variances, Encroachments, Conditional Use Permits, and Amendments to the Kenai Zoning Code or the Official Map from $100 to $200. Various Other Sections of Title 14 are Also Amended to Reflect This Change. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 15 Introduced by consent agenda. H-5. Ordinance No. 1944-2001 -- Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund and Kenai Coastal Trail Capital Project Fund for Additional Environmental and Permitting Work. Introduced by consent agenda. H-6. Approval -- Sublease of Pingo Properties, Inc. and Geoffrey M . Graves, Individually to David and Janey Ring -- Lot 6A, Block 1, Gusty Subdivision No. 4. MOTION: Councilwoman Swarner MOVED to approve the sublease of Pingo Properties, Inc. and Geoffrey M. Graves, Individually to David and Janey Ring and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, 1 H-7. Approval -- Changes in Kenai Community Library Regulations. 1 Acting Library Director McNair explained the changes to the regulations, noted the service charges were outlined more clearly and the use of the conference room was designated so there is no question for what it can or cannot be used. MOTION: Councilman Moore MOVED to approve the changes in the Kenai Community Library Regulations and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, H-8. Approval -- Leif Hansen Memorial Park/Policy and Procedures Amendments. Porter explained council had requested the Commission to develop a plan for the amount of rocks to be allowed to place in the Park, as well as designated areas for placement. The Commission addressed the request and the plan was what was before council. Clerk Freas requested council's motion to include approval of the policies and procedures as a whole, since it had not been done in the past. Discussion followed in which No. 5 of the Planting/Plaque Placement issues was questioned as it directed any one purchase exceeding $5,400 to go to competitive bid. Since the code states anything above $10,000 must go to bid, it was suggested that rule be removed. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 16 MOTION: Councilman Bannock MOVED to approve the Policies and Future Planning Procedures for Leif Hansen Memorial Park as revised (marked H-8), and excluding No. 5. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED, H-9. Approval -- Kenai Airport ARFF/ SRE Facility/ Change Order No. 2 -- $28,188. Heard after H-11 at beginning of meeting. H-10. Discussion -- Economic Development District Forum/ November 16 8v 17, 2001 -- Sponsorship Request. Williams requested council to consider donating $550 to sponsor half the cost of work materials, brochures, etc. for the 2001 Economic Outlook Forum to be held November 16-17, 2001. MOTION: Councilwoman Porter MOVED to approve the donation of $550 for the 2001 Economic Outlook Forum as a sponsor of one-half the materials and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, H-11. Discussion -- Borough Ordinance 2001-29/Planning Commission Membership. Heard after Item B-1 at the beginning of the meeting. ITEM I: ADMINISTRATION REPORTS Mayor -- Mayor Williams discussed the following items: • The Oil 8v Gas Commission was meeting in Kenai and discussing development with in the Cook Inlet. • The Challenger Center was moving ahead with the design of their sign and asked if the city wanted to incorporate a sign for the ice rink. Swarner stated she had requested a green sign which are placed by the State on the right-of-way and City manager Snow reported the application for the sign had been submitted. • A computerized program was being prepared in regard to the Coastal Trail Project to be presented at the Economic Forum. • He had been called by several citizens regarding citations and stops made by the Police Department in regard to snow machine use. He requested a list of rules to distribute, a map prepared indicating where snow machines may be used in KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 17 the city and where they may not be, distribute the map in the schools, and offer instruction to users. Police Chief Morris reported the Police Department covers the subject at the schools, information is included in the school newsletters, and articles have been included in the Clarion in regard to snow machine use in the city. Fire Marshal Baisden added, the Fire Department gives instruction on snow machine safety. Bookey suggested the map be included in the next city newsletter as well as published in the Clarion. I-2. City Manager -- City Manager Snow discussed the following: • The proposed concept drawing for the downstairs remodel was included in the packet along with a draft list of equipment and furnishings. She noted money was in the current budget. Swarner requested the restrooms in the hall be upgraded, include paint, new fixtures and partitions, etc. It was also noted the heat and ventilation systems upgrade was not included in this project and was intended to be addressed with the upstairs remodel project as that would be a larger and more costly project. • Referring to a memorandum included in the packet from Fire Chief Walden, Snow reported the Emergency Operations Center (the upstairs of the ARFF building) were built to FEMA guidelines and were designed for disaster management, training disaster management teams and dispatchers, as a backup communication center, etc. To date, no funding has been available from FEMA to complete the Center. Snow reported, it was suggested the city request an appropriation for January 2002 consideration through Senator Stevens. She added, there would be no city match. Council directed Snow to write the letter and bring it to council for approval at the November 21 meeting. • Amended Tie -Down Fees were included in the packet and Snow reported code directs the city manager to set the fee with council's review. She noted fees were added for electrical service incentives were created for annual use. Williams requested approval of the fee amendments be held until after the Airport Commission scheduled for November 8. • A copy of the Foreclosure Sale Results were included in the packet for counci 's review. Administration was requested to get additional space heaters for use in the council chambers. Attorney -- Attorney Graves reported: • He received the judgment on the Mellish case and he was now requesting attorneys fees. • He is working on the abatement of three buildings, two of which were on city properties and the third would require a more formal proceeding. Abatements will cost approximately $5,000 per building. \ KENAI CITY COUNCIL MEETING � NOVEMBER 7, 2001 PAGE 18 I-4. City Clerk -- Clerk Freas reported the following: • A request for donation from the KCHS Hockey Booster Club was included in the packet. Council included $200 in their FY2001/2001 budget. Council had no objections to approving the donation. • She noted a list of election records requiring disposal in accordance with the Kenai Municipal Code. • The first meeting of the appreciation dinner planning group would be held on Friday, November 9. I-5. Finance Director -- No report. I-6. Public Works Managers -- Korn P1 i • Distributed a summer of the new arsenic standards. • Reported the contractor on the Spur Highway project will be replacing some of the street signs, etc. that were removed during the project work. A minor list of items will need to be completed by next May. • Reported the Kenai Spur Unity Trail contractor would be doing some cleaning and grubbing during the winter and warned there could be some smoke in the area. Because there is approximately 1,000 feet of the trail that is not included in the project, he would be writing to the DOT to find out what they plan for the 1,000 feet and that the city would like to have that portion completed. • He was able to locate the Senate bill containing the $500,000 for the coastal trail project and would continue following its progress. Kornelis was requested to report the problem with the light at Willow and Spur to the project engineer of the Spur Highway project. He was also asked to express the council's concern of the condition in which the project was left for the winter. La Shot -- No report. I-7. Airport Manager -- No report. ITEM J: DISCUSSION J-1. Citizens Bob Peters -- Peters discussed the following: • Has watched the multipurpose facility evolve and now additional funding is needed. He suggested volunteers do the janitorial work. • Suggested fees be charged to break even with costs to produce ice, tie - downs, etc. KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 19 • Suggested care be considered when deciding on what should be allowed in yards. • Suggested the ice rink be named and the concession area be rented out. • Stated he was one of the citizens who spoke in support of placing a boat ramp at Cunningham Park prior to its upgrade. J-2. Council Bookey -- No comments. Swarner -- Reported she attended the Arts Summit held recently and noted there were many who attended and there was lots of enthusiasm for an art facility and it was felt one would be an economic benefit to the community. Moore -- No comments. Porter -- Reported she would not be in attendance at the November 21, 2001 meeting. She will want to discuss snow removal in December. Bannock -- No comments. Jackman -- Reported she would not be in attendance for the November 21 meeting. She will be attending the Newly Elected Officials seminar at the Alaska Municipal League Conference. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 12:05 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk