HomeMy WebLinkAbout2000-04-05 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 5, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /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. Resolution No. 2000-12 -- Transferring $3,600 to the Clerk's budget for
Purchase of Equipment in Regard to the Establishment of a Records
Management Program.
2. *2000 Liquor License Renewals
Pizza Hut #9 Restaurant Place
Upper Deck Beverage Dispensary License/Tourism
Casino Bar Beverage Dispensary License
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 8. Convention Bureau Board
d. Alaska Municipal League Report
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ITEM E:
1.
ITEM F:
ITEM G:
*Regular Meeting of March 15, 2000.
CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1854-2000 -- Increasing Estimated Revenues and
Appropriations by $75,000 in the General Fund for Transfer to the
Boating Facility Fund.
4. *Ordinance No. 1855-2000 -- Increasing Estimated Revenues and
Appropriations by $90,000 in the General Fund and FAA HQ Site
Cleanup Capital Project Fund for Environmental Site Assessment and
Underground Storage Tank Closure.
5. *Ordinance No. 1856-2000 -- Including the Offense of Negligent Driving
in the City's Traffic Code Contained in KMC 13.20.
6. *Ordinance No. 1857-2000 -- Repealing Various Sections of Title 13 of
the Kenai Municipal Code.
7. *Ordinance No. 1858-2000 -- Amending KMC 13.05.010 and KMC
13.05.020, and Deleting KMC 13.05.030, to Eliminate Misdemeanors
From the Kenai Municipal Code and Replace Them with Violations.
8. *Ordinance No. 1859-2000 -- Increasing Estimated Revenues and
Appropriations by $34,000 in the Water and Sewer System Special
Revenue Fund and Forest/ Redoubt W & S Crossings Capital Project
Fund.
9.
Discussion -- Schedule Budget Work Sessions
ITEM I:
ADMINISTRATION REPORTS
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
Finance Director
6.
Public Works Managers
7.
Airport Manager
-2-
ITEM J: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM K: ADJOURNMENT
-3-
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 5, 2000
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 7:00 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 moment of silence
was offered in remembrance of Marj O'Reilly, a past council member and long-time
resident of the city.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were: Porter, Bannock, Williams, Bookey,
Swarner and Moore.
Absent was: Frazer
A-3. AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD AS: H-10, Discussion -- Tree Topping Program and discuss the matter
prior to C-1.
SUBSTITUTE: H-2, Purchase Orders Exceeding $2,500 -- Adding purchase
order to Booth's Landscaping for completion of tree -topping
process.
MOTION:
Councilwoman Swarner MOVED for approval of the amended agenda and Councilman
Bookey SECONDED the motion. There were no objections. SO ORDERED.
A-4. CONSENT AGENDA
Mayor Williams noted he had no changes to the consent agenda.
MOTION:
Kenai City Council Meeting Minutes
April 5, 2000
Page 2
Councilman Bookey MOVED for approval of the consent agenda as presented and
Councilwoman Swarner SECONDED the motion. There were no objections. SO
ORDERED,
ITEM B: SCHEDULED PUBLIC COMMENTS -- None.
ITEM C: PUBLIC HEARINGS
H-10. Discussion -- Tree Topping Program
City Manager Ross reported, the tree -topping process had begun on Monday (April 3)
and went well until it was discovered the contractor felled trees and left them laying on
graves which had not been within the scope of the project. However, the actual
cutting of the trees was appropriate to the task. Ross noted Airport Manager
Cronkhite was available to discuss the project; Phil Bryson of Wince- Corthell- Bryson
would discuss the airport layout plan; Steve Booth of Booth's Landscaping would
discuss the survivability and viability of the trees; and Tim Wisniewski of Peninsula
Memorial Chapel/ Parks & Recreation Commission was attending to address cemetery
concerns.
Cronkhite offered her apologies for the manner in which the trees were removed and
left laying on the graves. She added, she was to have been notified when the cutting
was to start and it was her job to make sure the job was done appropriately.
Cronkhite added, she had not been notified and wasn't there when the trees were cut.
She impressed the city had an obligation to meet the FAA regulation that speaks to the
care of an airport and airspace and reviewed the regulation with council. Emphasis
was added at "...Each certificate holder shall ensure that each object in each area
within its authority which exceeds any of the heights or penetrates the imaginary
surfaces —is either removed, marked or lighted."
Cronkhite explained, a FAA inspection would be made on May 3 and the inspector
would be shooting the approaches. If the approaches are not within FAA guidelines,
the city would be written an "out of compliance" and would be given 30 days in which
to come into compliance. Administration chose to have the trees topped prior to the
inspection because the city was aware it was out of compliance and because the
Approach Surface Drawing had been approved and published by the FAA. By doing
that, the city was stating it was aware there were trees in the approach path. And,
because the city was aware of the trees, it could be found liable if an accident occurred
if it was determined the city had not done what was required by the regulation.
Another reason for cutting the trees at this time was because the ground would be soft
and muddy in May and working on the trees at that time could be more detrimental to
the gravesites.
Cronkhite reviewed the Approach Surface Drawing (distributed by Bryson), and noted
the cemetery lies within the airport approach surface; that the airport needs to
Kenai City Council Meeting Minutes
April 5, 2000
Page 3
relocate the threshold of the runway with a 50:1 approach. Elevations were shot by
Bryson for the current approach and the 50:1 approach. The contractor was
requested to top the trees three to five feet below the elevations in order to allow
growth for the trees.
Bryson reviewed the map with the council and explained the specifics of shooting the
elevations, the tree heights, contours, etc. It was noted the light pole at the corner of
the cemetery would have to be moved when the runway is relocated. It was
determined the tallest tree in the cemetery in correlation to the runway centerline
would be 20 feet.
Booth discussed what could be done with the remaining trees and those that had been
cut. He noted, some of the topped trees could push out new leaders and the health of
some of the trees was marginal. Those that could be shaped would need several years
of growing time first.
All the council members stated their strong dissatisfaction of the actions taken in
topping the trees and that they didn't realize the trees' heights would be cut in half. A
lengthy discussion continued about whether to remove the trees that looked the worst
or if it was doubtful they would survive, grind out the stumps and then replant.
Wisniewski stated the esthetics of the cemetery had changed because of the cutting of
the trees. He offered, he would be more in favor of topping the remaining trees, and if
they didn't look presentable, make a decision at that time of what to do next. He
noted, he personally felt the trees remaining had value.
The council discussed several ideas of what to do next, i.e. removal of all the trees,
landscape and replant within a two or five-year plan; what types of trees should be
replanted; concerns about moose damage, develop a new cemetery and curtail the use
of the present cemetery, etc. Williams suggested requesting FAA to allow costs
involved in topping trees, landscaping, replanting, etc. be charged to the Airport Fund,
noting the historical and esthetic nature of the cemetery to the area.
Ross noted the inspection would be made on May 3 and he wanted the airport to be in
compliance for that inspection or by the end of May. It was noted, the height of the
trees had been out of compliance for years and the request to cut them was only
recent. Williams suggested city administration discuss the matter with FAA. He
suggested a NOTAM be issued to inform pilots of the height of the trees. Cronkhite
discussed NOTAMs and how they are administered. She added, she believed the issue
was regulatory and didn't know how much leeway FAA would give.
Whether the city would be eligible for AIP funding if it is out of compliance was
discussed. It was not known if the city's AIP funding would be pulled if out of
compliance. Bryson noted, one of the conditions of future projects is meeting the
requirements of deviation from standards.
Kenai City Council Meeting Minutes
April 5, 2000
Page 4
Moving the threshold of the runway 1,000 feet was discussed and Bryson noted that
would be a major modification and would include modifications to signage, lighting,
painting, etc. and could effect the type of aircraft that could use the runway.
Cronkhite also noted federal funding would not be available for moving the runway for
the sake of the trees.
Williams again suggested administration discuss the matter with FAA noting the
matter of the trees' heights had only recently been brought to council's attention; that
the cutting and/or removal of the trees was and would be a major alteration to the
cemetery to which the council objected; council wanted to offer an alternative to the
cutting and/or removal of the trees; and FAA funds would be used to do the work.
It was noted, before any additional work would be done on the trees, the contractor
would be informed of the how many trees, which trees, etc. were to be cut and that
sensitivity to the site was essential.
Ross suggested doing the following if council's direction was to speak with FAA:
• Negotiate with FAA
• Continue to consult with Booth, pull out the most offensive trees, decide
what to do with the trees left that had been topped in an effort to salvage the best
trees that can recover.
• The rest of the trees will not be touched until after meeting with FAA.
• If a NOTAM is necessary as result, that would be done.
Williams specified, the discussion with FAA should include council's desire to develop
a long-term landscaping/ redevelopment plan for the cemetery. Bookey and Porter
agreed with Ross' plan with Williams' specifications. Wisniewski, Booth, Bookey, and
Ross are to travel to Anchorage and meet with FAA and the is city pick up the costs for
the travel. There were no objections from council.
BREAK TAKEN: 8:24 P.M.
BACK TO ORDER: 8:40 P.M.
C-1. Resolution No. 2000-12 -- Transferring $3,600 to the Clerk's budget for
Purchase of Equipment in Regard to the Establishment of a Records
Management Program.
MOTION:
Councilwoman Swarner MOVED to approve Resolution No. 2000-12 and requested
UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion.
There were no public or council comments.
Kenai City Council Meeting Minutes
April 5, 2000
Page 5
VOTE:
There were no objections. SO ORDERED.
C-2. 2000 Liquor License Renewals
Pizza Hut #9 Restaurant Place
Upper Deck Beverage Dispensary License/Tourism
Casino Bar Beverage Dispensary License
Approved by consent agenda.
ITEM D: COMMISSION / COMMITTEE REPORTS
D-1. Council on Aging -- Councilwoman Porter noted no meeting had been
held since the March 13 meeting which she had reported on previously. The minutes
of the March 13 meeting were included in the packet.
D-2. Airport Commission -- Councilwoman Swarner reported the minutes of
the March 9 meeting were in the packet and had been previously discussed. She
noted the next meeting was scheduled for April 13. Swarner also reported the carpet
committee completed their first process and were awaiting some additional
information regarding choices of coverings from airport administration.
D-3. Harbor Commission -- Councilman Bookey noted the next meeting
would be held on April 10 at 7:00 p.m. in the council chambers.
D-4. Library Commission -- Councilman Moore reported the Commission met
on April 4 at which the draft summary of the Student School Survey was discussed. It
was noted most of the comments included on the survey were complimentary to the
services offered by the library. He noted the survey would be presented to council in
the near future.
D-5. Parks & Recreation Commission -- Councilwoman Porter referred to a
request from the KCHS After Prom Committee for the no -cost use of the Recreation
Center was included in the packet. It was noted, the use of the Center for this
purpose had been done in the past and was a safe alternative for the students. There
were no objections from council in regard to the no -charge use of the Center for the
after -prom activities.
D-6. Planning & Zoning Commission -- Councilman Bannock reported the
minutes of the March 22 meeting were included in the packet. He noted the
Commission reviewed a landscaping site plan for the One -Stop Grocery. He also
reported the proposed livestock ordinance would be included on their next agenda.
Kenai City Council Meeting Minutes
April 5, 2000
Page 6
D-7. Miscellaneous Commissions and Committees
D-7a. Beautification Committee -- Councilwoman Swarner reported the next
Committee meeting was scheduled for Tuesday, April 11 at 5:30 p.m. She also noted
the minutes of the March 14 meeting were included in the packet.
D-7b. Historic District Board -- Councilman Moore reported the Board held a
lengthy work session on Monday, April 3 at which many items had been discussed,
including the frequency of meetings; the importance of maintaining the Certified Local
Government; goals and objectives; and the new memberships to the Board. Moore
also reminded council of their joint work session with the Board to be held on April 17
beginning at 7:00 p.m. It was confirmed by the Clerk that a packet would be
forwarded to council for that work session.
D-7c. Kenai Visitors & Convention Bureau Board -- Councilman Bookey
reported the following:
• KVCC's next Board of Directors' meeting was scheduled for April 24 at
5:30 p.m.
• "Get to Know Kenai" would be held on Friday, April 7.
• The grand opening for the "Alaska 2000" Art Show was scheduled for
May 5 from 5:30 p.m. to 8:30 p.m. Invitations will be mailed in the near future. A free
day will be held for the community on Mothers' Day.
D-7d. Alaska Municipal League Report -- Mayor Williams reported he
discussed the possibility of the city supporting the gas reserve tax bill and decided it
was not in the best interest of the city to do so. He also reported he had some
discussions with several people in the community regarding their concerns the
Legislature had not yet developed a long-range plan.
ITEM E: MINUTES
E-1. Regular Meeting of March 15, 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
MOTION:
Kenai City Council Meeting Minutes
April 5, 2000
Page 7
Councilman Bannock MOVED to pay the bills and Councilman Moore SECONDED the
motion. There were no objections. SO ORDERED,
H-2. Purchase Orders Exceeding $2,500
MOTION:
Councilman Bannock MOVED for the approval of the Substitute H-2 and
Councilwoman Swarner SECONDED the motion.
City Manager Ross requested council approve the substitute which included a
purchase order to Steve Booth of Booth's Landscaping. The funds would be used for
the care of the existing trees at the cemetery and any costs incurred in sending Booth
to Anchorage to meet with FAA with the other city representatives. When questioned
by Bookey, Ross confirmed the funds would be used for taking care of the existing
trees, removal of the ones needing to be removed, and working on the ones already
topped.
VOTE:
There were no objections. SO ORDERED,
H-3., Ordinance No. 1854-2000 -- Increasing Estimated Revenues and
Appropriations by $75,000 in the General Fund for Transfer to the
Boating Facility Fund.
Introduced by consent agenda.
H-4. Ordinance No. 1855-2000 -- Increasing Estimated Revenues and
Appropriations by $90,000 in the General Fund and FAA HQ Site
Cleanup Capital Project Fund for Environmental Site Assessment and
Underground Storage Tank Closure.
Introduced by consent agenda.
H-5. Ordinance No. 1856-2000 -- Including the Offense of Negligent Driving
in the City's Traffic Code Contained in KMC 13.20.
Introduced by consent agenda.
H-6. Ordinance No. 1857-2000 -- Repealing Various Sections of Title 13 of
the Kenai Municipal Code.
Introduced by consent agenda.
Kenai City Council Meeting Minutes
April 5, 2000
Page 8
H-7. Ordinance No. 1858-2000 -- Amending KMC 13.05.010 and KMC
13.05.020, and Deleting KMC 13.05.030, to Eliminate Misdemeanors
From the Kenai Municipal Code and Replace Them with Violations.
Introduced by consent agenda.
H-8. Ordinance No. 1859-2000 -- Increasing Estimated Revenues and
Appropriations by $34,000 in the Water and Sewer System Special
Revenue Fund and Forest/ Redoubt W 8, S Crossings Capital Project
Fund.
Introduced by consent agenda.
H-9. Discussion -- Schedule Budget Work Sessions
Council set the following dates for budget work sessions:
April 18, 2000 -- 7:00 p.m., Council Chambers
April 27, 2000 -- 7:00 p.m., Council Chambers
May 2, 2000 -- 7:00 p.m., Council Chambers
Ross requested council to review the budget and noted it was prepared without any
new services or programs added. Finance Director Semmens added, the major
difference in the budget from last year's was the conversion of the Dock Fund from an
Enterprise Fund to a Special Revenue Fund, the appropriation of funds in order to
accomplish that conversion, and the appropriation of the capital matching grant funds
into the budget.
ITEM I: ADMINISTRATION REPORTS
Mayor
Lease Renegotiations -- Williams referred to the information included in the
packet and asked if there had been any responses from those whose renegotiations
were substantial. Ross noted there had been no comments received to date and
added, the appraiser included explanations of why some of the renegotiations received
substantial increases and the appraisals were available for council/public review.
Challenger Learning Center -- Williams reported practice missions were being
flown at the Center and the first official missions would take place the week of April
10. He also reported a representative of the Wheeling, West Virginia Challenger Center
visited Kenai and discussed the distant -learning franchise of which Kenai's Center
would be involved.
Williams requested council take a walk-through of the Center and it was agreed the
visit would take place at 6:00 p.m. on Monday, April 17, immediately prior to the
Kenai City Council Meeting Minutes
April 5, 2000
Page 9
Historic District Board meeting which council would also be attending. Williams also
reported on grant funding received to house a distant learning platform within the
Kenai Center.
Gas Pipeline Presentation -- Williams reported he would be traveling to
Wasilla to give the pipeline presentation to a joint group from Wasilla, Willow and
Talkeetna.
I-2. City Manager
Library Computers -- Ross reported he anticipated including a purchase order
for the replacement computers at the library (to be for public use) as soon as the
system update is completed.
Code Amendments -- Ross reported the sign ordinance would be separated
from the other changes to Title 14. He noted, the other changes to Titles 4 and 14
would be brought forward in the near future.
I-3. Attorney -- Attorney Graves explained the livestock ordinance would be
presented to the Planning & Zoning Commission with a variety of options for the
Commission to discuss and from which to choose.
I-4. City Clerk -- Reminded council of the Volunteer Reception scheduled for
April 14 from 6:00 p.m. to 8:00 p.m. at the Senior Center.
Finance Director -- No report. .
I-6. Public Works Managers
La Shot -- No report.
Kornelis -- • Reported the city would receive disaster funds from FEMA to help
cover costs incurred during the heavy snowstorms this winter.
• The Forest Drive/Redoubt Avenue project was out to bid and the state
was still planning to begin the project this spring.
Discussion followed regarding comments made at the State's public hearing on the
project which was held prior to the council meeting. It was noted there had been some
discussion that the public had not been informed about the project and that this
hearing was the only one of which Kornelis was aware other than a hearing held in
January in Anchorage. It was stated that the project initially was to be repaving only.
Porter noted one percent of the cost of the project was dedicated to landscaping and
requested administration investigate whether the State would purchase concrete
planters with some of the project funds designated for landscaping. The planters
would be placed at the corners of the Spur Highway/Bridge Access/Main Street Loop
intersection.
Kenai City Council Meeting Minutes
April 5, 2000
Page 10
Kornelis noted he submitted a letter to the State requesting five additions to the
project: landscaping and flowers, contractor maintaining access to the businesses,
bike path from Forest Drive to Redoubt, hurricane signs and posts (by Visitors
Center), and Opti-com remote control signals. Ross noted they were still investigating
the possibility of filling the space between the sidewalks and the curb and eliminate
the need to grow grass in that space.
I-7. Airport Manager -- No report.
ITEM J: DISCUSSION
J-1. Citizens
Bob Peters -- Asked if the council planned to acknowledge the passing of Marj
O'Reilly and Williams noted flowers were being sent on behalf of the council and the
city.
J-2. Council
Bookey -- Noted the copy of a letter Williams wrote requesting a meeting to
discuss funding for the Coastal Trail/Bluff Erosion project engineering. Bookey stated
his concern that the letter was including Paul Fuhs' participation in the meeting
without council's input. Williams explained he requested Fuhs to attend, as well as
Jim Ayers (from the Governor's Office) and a representative from Representative
-Smalley's office, because they had all been involved in acquiring funding for a Cordova
project through EVOS in the past and their experience would be of assistance to the
city in acquiring funding for the engineering costs. He noted, Fuhs understood the
city was not hiring him at this point. Bookey stated he was not comfortable with Fuhs
representing the city in an unofficial manner without council's approval. The
conversation continued and it was agreed the council would be involved in hiring a
lobbyist when the time arises in regard to the project.
Swarner -- Reported she chaperoned a middle school dance and enjoyed it very
much. She urged other council members to volunteer for that purpose as well.
Swarner also thanked KDLL Radio Station for airing the recent discussion about the
proposed theatre and fine arts facility.
Porter -- Thanked the council and administration for the bouquet of flowers she
received upon the death of her father-in-law. Porter also reminded council and
administration of the staff meeting scheduled for April 19, beginning at 6:00 p.m.
Bannock -- Requested council to contact him in regard to the setting -up and
clean-up activities in regard to the volunteer reception. He also noted he attended a
Rotary Conference in Washington recently and discussed the Challenger Center with
many of the conferees. They were very interested and the Rotary will be supporting
and participating in projects with the Challenger.
Kenai City Council Meeting Minutes
April 5, 2000
Page 11
Williams -- Reported he attended the recent Governor's Award Banquet where
Senator Stevens received the "Alaskan of the Century" award and Challenger also
received an award.
Ross also reported he, the Mayor and representatives of the Fire Department
participated in a teleconference call with FEMA representatives in regard to possible
funding of a FEMA training school at the Fire Training Facility. It was learned the
grant program FEMA Director Witt suggested from which to request funding had been
terminated in 1997.
EXECUTIVE SESSION - None Scheduled
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 9:45 p.m.
Minutes transcribed and prepared by:
eA 4 �- -, X.
Carol L. Freas, 6ity Clerk