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HomeMy WebLinkAbout2000-03-01 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 1, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / Zwww.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. 1850-2000 -- Increasing Estimated Revenues and Appropriations by $164,065.52 in the General Fund to Pay Outstanding Taxes and Costs Due on Inlet Woods Subdivision. 2. Ordinance No. 1851-2000 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund for the Multi -Purpose Facility Ice Maintenance Contract. 3. Ordinance No. 1852-2000 -- Amending KMC 24.15.010, Entitled "Regulations" and the Cemetery Regulations. 4. Ordinance No. 1853-2000 -- Increasing Estimated Revenues and Appropriations by $44,934 in the Airport Land System Special Revenue Fund and the Airport Fire Station Capital Project Fund for Engineering. 5. Resolution No. 2000-6 -- Requesting FY 01 Safe Communities Funding From the Department of Community and Economic Development. 6. Resolution No. 2000-7 -- Amending Cash Barner Architects' Design Architectural & Engineering Services Contract for the Airport Fire Station and Warm Storage Facility. 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. Historic District Board C. Kenai Visitors 8v Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of February 16, 2000. 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. Approval -- Assignment of Leases and Assignment of Leases for Security Purposes/Lot 1A, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron -- Lofstedts to SOAR International Ministries, Inc. 4. Approval -- Kenai Municipal Airport Terminal Bar Lease Agreement -- Jody Donaghe, Corey, Inc. d/b/a Upper Deck. 5. Discussion -- Setting of Board of Adjustment Hearing/Appeal of Planning 8. Zoning Commission Approval of Encroachment Permit PZ00- 02 for 1110 Channel Way (Lot 5, Block 5, Inlet Woods Subdivision) , Kenai, Alaska -- Appeal Filed by City of Kenai Through City Manager Richard A. Ross, Appealing the Side Lot Encroachment Only. ITEM I: 1. 2. 3. 4. 5. 6. 7. ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Managers Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - Annual Evaluations of City Manager, City Attorney and City Clerk. ITEM K: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING j MARCH 1, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: f f www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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: Swarner, Moore, Porter, Frazer, Williams and Bookey. Absent was: Bannock A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: MOVE: Item H-3 before C-1. MOTION: Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA There were no changes to the 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. Students from a Government class at the Kenai Central High School were introduced. � They were particularly interested in Ordinance Nos. 1850-2000 and 1851-2000. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 2000 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENTS ITEM C: PUBLIC HEARINGS H-3. Approval -- Assignment of Leases and Assignment of Leases for Security Purposes/Lot 1A, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron -- Lofstedts to SOAR International Ministries, Inc. Moved ahead at agenda approval. City Manager Ross noted a memorandum included in the packet in regard to the issue and recommended the assignments be approved. City Attorney Graves reported they were standard assignments and Lofstedts re- acquired the leasehold interest from SouthCentral Air through a non judicial foreclosure. SOAR Ministries had agreed to purchase the leasehold interest and with council's approval, the security assignment was for private financing. There were no questions from council. MOTION: Councilman Bookey MOVED for approval of the assignments of lease as presented in the packet. Councilwoman Swarner SECONDED the motion. VOTE: Swarner: Yes Moore: Yes Porter: Yes Bannock: Absent Frazer: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. C-1. Ordinance No. 1850-2000 -- Increasing Estimated Revenues and Appropriations by $164,065.52 in the General Fund to Pay Outstanding Taxes and Costs Due on Inlet Woods Subdivision. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1850-2000 and Councilman Bookey SECONDED the motion. Bob Peters, a member of the public requested an explanation of the issue and Mayor Williams stated the issue came about approximately 14 years prior when the city bonded to install water, sewer and paved streets in a subdivision to be developed by a contractor. The contractor failed to repay the debt and the repayment of the bonds fell to the city taxpayers. After many years of litigation and costs for attorney fees, the matter had been resolved and repayment to the city was through the deeding of lots in KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 2000 PAGE 3 the subdivision to the city from the contractor. Ordinance No. 1850-2000 would appropriate funds to pay back taxes on the lots. VOTE: Swarner: Yes Moore: Yes Porter: Yes Bannock: Absent Frazer: Yes Williams: Yes Booke Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1851-2000 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund for the Multi -Purpose Facility Ice Maintenance Contract. MOTION. Councilwoman Porter MOVED to approve Ordinance No. 1851-2000 and Councilman Moore SECONDED the motion. It was explained the LLC (who donated funding for the completion of the rink) and the city agreed the LLC would maintain the ice in return for revenues generated by the facility. The funds appropriated by the ordinance would be used to reimburse the LLC. It was noted approximately $8,000 had been collected in fees to date. VOTE: Swarner: Yes Moore: Yes Porter: Yes Bannock: Absent Frazer: Yes Williams: Yes Booke Yes :::j MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1852-2000 -- Amending KMC 24.15.010, Entitled "Regulations" and the Cemetery Regulations. MOTION: Councilman Frazer MOVED for approval of Ordinance No. 1852-2000 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 2000 PAGE 4 VOTE: Swarner: Yes Moore: Yes Porter: Yes Bannock: Absent Frazer: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. C-4., Ordinance No. 1853-2000 -- Increasing Estimated Revenues and Appropriations by $44,934 in the Airport Land System Special Revenue Fund and the Airport Fire Station Capital Proj ect Fund for Engineering. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1853-2000 and Councilman Bookey SECONDED the motion. There were no public comments. Ross referred to a memorandum included in the packet which explained FAA requested to expedite the project since discretionary funding could be available. The information included a development schedule of the airport and noted acquisition of land for approaches, reconstructing of security fence and lengthening of the runway would begin in 2003. VOTE: Swarner: Yes Moore: Yes Porter: Yes Bannock: Absent Frazer: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. C-5. Resolution No. 2000-6 -- Requesting FY 01 Safe Communities Funding From the Department of Community and Economic Development. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2000-6 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 2000 PAGE 5 C-6. Resolution No. 2000-7 -- Amending Cash Barner Architects' Design Architectural & Engineering Services Contract for the Airport Fire Station and Warm Storage Facility. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-7 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. Glen McCollum, Sr. (399 McCollum Drive, Kenai) asked if new fire trucks would be purchased for the fire station and the answer was no, unless truck replacement was required by FAA. McCollum also asked if a traffic light were placed at the intersection of Main Street Loop and Willow Street, would the fire station be needed. It was explained the amount of traffic on those roads prohibited the fire trucks to access the airport in the amount of time required by FAA and would become more difficult when the runway is extended. It was also noted, FAA was requiring a crash unit be stationed on the airport to enable immediate response to problems that might arise. The station will house two trucks and one personnel and would be constructed from Airport and FAA funds. VOTE: There were no objections. SO ORDERED, ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Porter reported a meeting would be held March 13. D-2. Airport Commission -- Swarner noted the minutes of the last meeting were included in the packet. Councilman Bookey would be attending the next meeting as she would be out of town. The Carpet Selection Committee would be meeting again during the week. Frazer referred to comments in the meeting minutes about the interest of smaller groups in Anchorage to use the airport. Airport Manager Cronkhite reported she had been in contact with local state operators who were interested in using the Kenai Airport due to the increasing lack of lease and air space in Anchorage. She noted, they were pursuing this interest as it would be a niche market in the industry that Kenai could offer. Frazer requested the issue be pursued as aggressively as possible. D-3. Harbor Commission -- Bookey reported the next meeting would be held on Monday, March 6, 2000. KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 2000 PAGE 6 D-4. Library Commission -- Moore reported the next meeting would be held March 7, 2000. D-5. Parks & Recreation Commission -- Frazer reported the next meeting would be held on March 2, 2000. A brief conversation took place in regard to a "Caring for the Kenai" project involving the Bernie Huss Trail by Ryan Green. Green is to be contacted and urged to attend the March 2 meeting. D-6. Planning & Zoning Commission -- Planning & Zoning Commissioner Jackman reported on the actions taken by the Commission at their February 23 meeting. It was noted a joint work session with council would be held at 6:00 p.m. on March 15 to review recommended amendments to Title 14. It was also reported Leo Oberts attended the meeting and urged the city to be more involved with tourism in regard to the Unity Trail and its passing the entrance to the Pillars State Park. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting was scheduled for March 14 and Councilwoman Porter would be attending for Swarner. D-7b., Historic District Board -- Moore reported a joint work session with council and the Planning & Zoning Commission was planned for their next meeting. D-7c. Kenai Visitors & Convention Bureau Board -- Bookey reported a meeting had been held on February 24 and he would report on it at the next council meeting. D-7d. Alaska Municipal League Report -- Williams reported he and Swarner planned to attend the AML/Alaska Conference of Mayors Legislative Conference meetings on March 22-23. He also reported on his trip to Juneau February 22-24 and noted he met with representatives of DOT and the Department of Juvenile Justice. ITEM E: MINUTES E-1,, Regular Meeting of February 16, 2000. Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G. OLD BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 2000 PAGE 7 MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 -- There were none. H-3. Approval -- Assignment of Leases and Assignment of Leases for Security Purposes/Lot 1A, Block 2, General Aviation Apron and Lot 3, Block 1, General Aviation Apron -- Lofstedts to SOAR International Ministries, Inc. Approved prior to C-1. H-4. Approval -- Kenai Municipal Airport Terminal Bar Lease Agreement -- Jody Donaghe, Corey, Inc. d/ b / a Upper Deck. MOTION: Councilwoman Porter MOVED for approval of the Kenai Municipal Airport Terminal Lease Agreement and Councilman Frazer SECONDED the motion. Ross reported the Airport Manager released a Request for Proposals and there was one response. The lease was the same as the prior lease except the monthly lease amount increased by $50.00. VOTE: There were no objections. SO ORDERED. H-5. Discussion -- Setting of Board of Adjustment Hearing/Appeal of Planning 8� Zoning Commission Approval of Encroachment Permit PZ00-02 for 1110 Channel Way (Lot 5, Block 5, Inlet Woods Subdivision), Kenai, Alaska -- Appeal Filed by City of Kenai Through City Manager Richard A. Ross, Appealing the Side Lot Encroachment Only. Ross explained the City (through the City Manager) was appealing the encroachment permit issued for 1110 Channel Way which was approved by the Planning 8ti Zoning Commission. He noted the city's appeal was for the side lot encroachment only, which involved a 1.6 foot encroachment of an accessory building. He noted both the city and the individuals who had requested the permit (Steve 8s Judy Robinson) were asking council to extend the 30-day period of time in which the appeal would normally be heard to July 19, 2000. This would give the Robinson's adequate time to cure the encroachment through purchase and re -platting of the property. City Attorney Graves � confirmed the council had the authority to extend the deadline for the hearing if both KENAI CITY COUNCIL MEETING MINUTES MARCH 1, 2000 PAGE 8 parties agreed. Ross also confirmed the appeal would have no impact on the Home Occupation Permit requested and received by the applicants (which had been supported by administration). MOTION: Councilwoman Swarner MOVED to write a letter to the applicant stating the appeal hearing would be moved to the meeting council meeting in July (July 19, 2000) as recommended by the city manager. Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED, ITEM I: ADMINISTRATION REPORTS I-1. Mayor -- Mayor Williams reported the following items: • He and Mayor Bagley attended the last Alliance meeting in Anchorage and gave their pipeline presentation. It was noted the ownership companies were very close to move ahead into the next $20 million study phase. • Noted he requested permission from council to appoint Randy Daly to the Economic Development District Board of Directors during their last meeting. Williams reported Daly accepted the appointment and was appointed chair of EDD's search committee for a new executive director. • He attended a large community meeting in regard to the possibility of designing, building and operating an arts and humanities center to include a theatre, visual arts, material arts, etc. He noted there was definitely enthusiasm for the development of the facility. I-2. City Manager -- City Manager Ross reported the following: • Marilyn Kebschull, Planning & Zoning Administration, was incorporating the resources to begin the Comprehensive Plan update process. He noted funds had been set aside for the process and they would be discussing using some airport funds because the Plan would be reviewing airport lands as well. Kebschull was also investigating the possibility of requesting funding through a Rural Business Opportunity Grant to draw professional assistance into the process to obtain more public input as to the community's vision for the development of the Daubenspeck properties, etc. Because the application deadline would be prior to the next council meeting, Ross requested council's permission to apply for the grant if, after reviewing the grant information, it seemed feasible to do so. There were no objections from council. I-3. Attorney -- No report. I-4. City Clerk -- No report. I-5. Finance Director -- No report. KENAI CITY COUNCIL MEETING MINUTES i MARCH 1, 2000 PAGE 9 I-6. Public Works Managers -- No reports. I-?. Airport Manager -- No report. ITEM J: DISCUSSION J-1. Citizens -- Jarrod Moonin -- 203 Walker Lane, Kenai. Asked about the proposed juvenile detention center to be constructed in Kenai. Williams explained the city was working through the Juvenile Justice System and the Health & Social Services Department to design and implement a facility in Kenai on property along Marathon Road which the city would donate for the project and the state would build and operate. J-2. Council Bookey -- No comments. Swarner -- Thanked the Senior Center for the breakfast prepared earlier in the week. She reminded council the Airport Commission was interested in their suggestions for the Commission's goals and objectives. She requested comments be forwarded to Councilman Bookey, who would be attending the next meeting. Moore -- No comments. Porter -- No comments. Frazer -- Thanked the Senior Center for the breakfast. Williams -- Noted the following: • The national budget for HUD would be increased by $6 billion. The state director of HUD would be investigating whether some funds would be available for the completion of phases of the ice rink. He would be requested the city's boards, commissions and committees to link with the EDD to cooperatively investigate economic development in the community, i.e. possible construction funds for extending sewer lines, etc. He urged the groups' involvement by attending meetings, etc. It was noted the EDD meetings are normally held during the day (the third Thursday of the month) which would make it difficult for many of the commission/committee members to attend. It was suggested minutes be exchanged in order to keep informed. Council members were requested to pass the information on to their commissions/ committees. • He and others were still exploring the expanding of the ARFF to include marine safety and the possibility of receiving a donated cutter for that use. • Requested the stall doors in the restrooms at the airport be equipped with coat hooks. KENAI CITY COUNCIL MEETING MINUTES l MARCH 1, 2000 PAGE 10 Amy Jackman -- Because of other efforts she had been involved in, Jackman offered her help in interchanging of ideas between EDD and the city's commissions and committees. She stated she felt the interchange of ideas, etc. would be a positive step in building a stronger community. EXECUTIVE SESSION - Annual Evaluations of City Manager, City Attorney and City Clerk. MOTION: Councilwoman Porter MOVED to convene into an executive session of the council of the City of Kenai concerning matters of annual evaluations of the city manager, city attorney and city clerk. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Council decided to meet first as a council group and then meet with the clerk, city manager and city attorney (or other order after council meets).. BREAK FOR EXECUTIVE SESSION: 8:14 P.M. BACK TO ORDER: 12:25 A.M. (March 2, 2000) Councilwoman Swarner reported that during the executive session, the council completed the evaluations of the city manager, city attorney and city clerk; as a council saw a need for closer communication with their three employees and a need for alleviation of the space problem at city hall; and discussed the workload of the clerk. To those ends, council agreed to have the clerk prepare a memorandum based on those conversations and which would be reviewed by council. ITEM K• ADJOURNMENT The meeting adjourned at approximately 12:27 a.m. (March 2, 2000). Minutes transcribed and prepared by: Carol L. Freas, City Clerk AF O V NCIL OATS aim