Loading...
HomeMy WebLinkAbout2000-05-03 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 3, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:f 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. 1859-2000 -- Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer System Special Revenue Fund and Forest/Redoubt Water and Sewer Crossings Capital Project Fund. a. Remove from the table. b. Consideration of ordinance. 2. Resolution No. 2000-17 -- Transferring $1,300 in the General Fund Shop Budget for Training Services. r 3. Resolution No. 2000-18 -- Awarding the Bid to Randy's Glass, Inc. for the Kenai Airport Terminal and warm Storage No. 2 Overhead Door Replacement -- 2000 for the Total Amount of $13,824. 4. Resolution No. 2000-19 -- Transferring $10,800 from Repair and Maintenance to Professional Services in the Airport Terminal Enterprise Fund. 5. 2000 Liquor License Renewal -- PROTEST/ New Peking Chinese Restaurant -- Restaurant Place. -1- 6. 2000 Liquor License Renewal -- PROTEST/ Katmai Motel Restaurant 8� Lounge -- Beverage Dispensary/Tourism. 7. 2000 Liquor License Renewal -- PROTEST/Alaskalanes -- Recreational Site. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. Recreation Commission 6. Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report TTRM R! MTNTTTIPq 1. *Regular Meeting of April 19, 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. *Ordinance No. 1860-2000 -- Repealing KMC 5.05, Entitled "Peddlers" and KMC 5.30, Entitled "Transient and Itinerant Merchants" and Replacing Them with a New KMC 5.05 Entitled "Peddlers and Transient Merchants." 4. *Ordinance No. 1861-2000 -- Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part -Time Employees. 5. *Ordinance No. 1862-2000 -- Amending Various Sections of Title 4 and Title 14 of the Kenai Municipal Code to Clarify and Correct Inconsistencies. -2- 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 (live minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING MAY 31 2000 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 7:02 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: Frazer, Williams, Bookey, Swarner, Moore, Porter and Bannock. A-3., AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-1, Persons Scheduled to be Heard -- Inlet Woods Property Association regarding Project Impact/ Fire Wise Program. ADD AS: B-2, Persons Scheduled to be Heard -- Fire Chief Jason Elson; KPB Spruce Bark Beetle Task Force Coordinator, Mike Fastabend; Forest Practices Forester Wade Wahrenbrock, Division of Forestry, Kenai/ Kodiak Area; and Kathy Scott, Project Impact Coordinator ADD TO: I-2, City Manager Report -- Council on Aging Statement of Actual and Estimated Revenues. MOTION: Councilwoman Swarner MOVED for approval of the agenda as amended and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED., A-4. CONSENT AGENDA Mayor Williams had no changes to the consent agenda. MOTION: KENAI CITY COUNCIL MEETING MINUTES MAY 312000 PAGE 2 Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Inlet Woods Property Association -- Project Impact/Fire Wise Program Chris Copple -- 1101 Inlet Woods Drive. Stated his concerns of the Fire Wise Program removal of trees in the Inlet Woods Subdivision taking healthy trees as well as beetle infested trees on the city lots. He was concerned that healthy trees were taken and other dead trees were left. Copple showed a video of the logging operation that was taking place in the subdivision and noted he was very disappointed and saddened in how the project was handled. B-2. Fire Chief Jason Elson; KPB Spruce Bark Beetle Task Force Coordinator, Mike Fastabend; Forest Practices Forester Wade Wahrenbrock, Division of Forestry, Kenai/ Kodiak Area; and Kathy Scott, Project Impact Coordinator -- Project Impact/ Fire Wise Program. Mike Fastabend -- Reported his job as coordinator of the Spruce Bark Beetle Task Force was to work toward mitigating the fire danger on the Peninsula from the beetle infestation. He noted he had visited the Inlet Woods Subdivision and reported his findings there. He noted, the beetle infestation was slower in the Kenai/ Soldotna/ Nikiski area than other areas of the Borough. He added, though the infestation was moving slower, it did not mean the remaining live trees were not at great risk. Fastabend noted, even though many of the trees taken in the subdivision did not show infestation, there was no reason to believe they would not be attacked and sustain the same mortality rate over the next three to four years as in other areas. Fastabend also discussed treatment and prevention and noted, it is emotional to kill trees to save trees. He also reported, the beetle infestation was the largest of anywhere in the world. A general questions/answers discussion followed regarding removal of stumps, slash, reforesting, etc. It was asked if there was a plan to clean up the lots in Inlet Woods and Elson reported the special use permit required the contractor to pick up and clean up the slash, burn it (weather permitting) or remove it. He added, the contractor had been directed to return to the Oiler Park area and complete the cleaning of that area. It was also asked if the logging program could be done in phases, taking only the infested trees (single cuts) and then return later to take out more of the infested trees, etc. Wahrenbrock explained that was one of the choices, however if ten percent of the trees are infested, it is considered past managing or making single cuts. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 3 Fire Chief Elson -- Explained the city was approached to participate in the Project Impact program and that the Program was funded through the Federal Emergency Management Agency. He added, the Fire Department had been concerned for several years with the state of the forests surrounding the city. They considered beginning the program on city properties and offering private property owners to work with the contractor at a lesser price. He added, if a fire broke out in that area with the dead trees, etc., the Fire Department did not have the resources to fight a fire of that magnitude. Elson also explained the city joined as a partner with the Borough in identifying wildfire dangers in the borough and to help property owners to protect themselves. He noted, in both areas of the city logging had taken place, Fire Department personnel distributed information of the program door-to-door. Elson added, the Inlet Woods project was not finished and that he had great concern in regard to the large private tracts of land surrounding the subdivision which was also beetle infested. Wade Wahrenbrock -- Discussed the volatility of infested forests and showed slides of forests before and after infestation took place, fire concerns, reforestation, etc. He noted, taking trees out of the subdivision in steps would not have been economical and that it was a judgment call in deciding at what percentage of dead trees in a forest was a fire danger. Copple stated his appreciation of the Fire Department's work and effort but would have liked more information prior to the project beginning. He noted, he spoke with some of the logging crew who told him they would not be cleaning up the area more than what had been done and this was an added concern to him. Ross noted, the contractor was not obligated to remove trees that were down prior to his operation. Kathy Scott -- Discussed the partnering with FEMA and the Borough and other programs involved with the Fire Wise program. Sheryl Padilla -- 1520 Windward Drive, Inlet Woods Subdivision. Stated she had been a resident of Inlet Woods Subdivision for three years and appreciated the city's efforts in removing the beetle -killed trees on the city lots. Discussion followed as to whether the contractor could take the trees previously fallen and any dead trees still standing which were less than 8" in diameter. Elson stated he would discuss the matter with the contractor and offered his personnel to help clean up the area as well. Williams suggested administration develop a summer -hire program to further clean up the lots. Scott noted chippers would be available through the grant program in mid June and would be available for the city's use. Discussion followed and it was agreed administration would work with the Borough in developing a clean-up program. BREAK TAKEN: 8:46 P.M. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 4 BACK TO ORDER: 8:59 P.M. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1859-2000 -- Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer System Special Revenue Fund and Forest/ Redoubt Water and Sewer Crossings Capital Project Fund. C- la. Remove from the table. MOTION: Councilwoman Swarner MOVED to remove Ordinance No. 1859-2000 from the table and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. C- lb. Consideration of ordinance. MOTION: i Councilwoman Swarner MOVED for approval of Ordinance No. 1859-2000 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: Frazer: Yes Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. C-2., Resolution No. 2000-17 -- Transferring $1,300 in the General Fund Shop Budget for Training Services. MOTION: Councilwoman Swarner MOVED for approval of Resolution 2000-17 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 5 There were no objections. SO ORDERED, C-3. Resolution No. 2000-18 -- Awarding the Bid to Randy's Glass, Inc. for the Kenai Airport Terminal and warm Storage No. 2 Overhead Door Replacement -- 2000 for the Total Amount of $13,824. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-18 and requested UNANIMOUS CONSENT. Councilman Frazer SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, C-4. Resolution No. 2000-19 -- Transferring $10,800 from Repair and Maintenance to Professional Services in the Airport Terminal Enterprise Fund. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-19 and requested UNANIMOUS CONSENT., Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, C-5, 2000 Liquor License Renewal -- PROTEST/New Peking Chinese Restaurant -- Restaurant Place. City Clerk Freas reported sales tomes were owed amounting to approximately $1,900. MOTION: Councilwoman Swarner MOVED to send a letter of protest on May 12 if the amounts owed are not brought current. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 6 C-6. 2000 Liquor License Renewal -- PROTEST/Katmai Motel Restaurant & Lounge -- Beverage Dispensary/Tourism. City Attorney Graves reported approximately $7,000 was owed for lease and water/sewer payments. The owner requested the establishment of a payment plan to pay the normal monthly lease amounts and an additional $785 a month during a nine -month period to bring the amounts current. Councilman Frazer declared a conflict due to the owner's business relationship with his (Frazer's) employment. Jim Singree/Katmai Motel -- Singree noted his ownership of the Katmai and explained he anticipated a good season this year due to road projects in the area and requested a nine -month payment plan to bring owed amounts current. Singree also stated he could not request help from a bank as it had been a tough three/four years, trying to stay competitive with other motels in the area. To do that, he had to reinvest. Singree stated he appreciated council's consideration of his request. Williams reminded council, Singree had approached the city in 1997-98 for a payment plan because another road project blocked entrance to his business. That payment plan. was approved and it was confirmed payment was made within the allotted time. Councilman Bookey reminded council, the last time Singree approached council for a payment plan, he stated he would not object at that time, but would object for any future requests. Bookey stated he objected to the payment plan as he felt it would be unfair to other businesses and it was not the city's place to be a financial institution. MOTION: Councilwoman Swarner MOVED to send a letter of protest on May 12, 2000 if amounts were not brought current by Eaglechief. Councilman Bookey SECONDED the motion. A brief at ease was requested by Councilman Bannock. AT EASE: 9:13 P.M. BACK TO ORDER: 9 :16 P.M* The discussion continued briefly and it was noted council could be informed if payments were not kept current. VOTE: Frazer: Abstain Williams: No Booke Yes Swarner: Yes Moore: No Porter: No Bannock: Yes KENAI CITY COUNCIL MEETING MINUTES MAY 312000 PAGE 7 MOTION FAILED. It was noted by the attorney the ' Kenai Municipal Code directs a protest is to be filed if obligations are not current and that a current payment plan satisfies the code. MOTION: Councilman Moore MOVED to enter into a payment plan with Singree for his delinquent water/sewer and lease payments. Councilwoman Porter SECONDED the motion. VOTE: Frazer: Abstain Williams: Yes Booke No Swarner: No Moore: Yes Porter: Yes Bannock: No MOTION FAILED. Attorney Graves was requested to offer an opinion and he reviewed KMC 2.40.020. Discussion continued and Graves noted the city's ultimate action would be to cancel the lease and take possession of the property if the amounts were not paid, although lienholders often pay the amounts at that time. No action was taken by council. Mayor Williams explained to Singree that since there was no action taken by council, Singree was free to continue business until such time the city issues a letter stating otherwise. C-7. 2000 Liquor License Renewal -- PROTEST/Alaskalanes -- Recreational Site. MOTION: Councilwoman Swarner MOVED to write a letter of strong protest to the Alcoholic Beverage Control Board by May 12, 2000 if the amounts are not brought current. Councilman Bookey SECONDED the motion. Attorney Graves explained, Alaskalanes were on a payment plan and were to make a balloon payment, however- they had fallen behind on the balloon payment, though they had paid $2,000 of the $11,000 they owed. However, they made no indication that future payments would be made. It was also noted, amounts were owed to the borough for taxes as well. Graves added, with no other recourse, he had drafted a 30- day notice to quit to be served on the owners, and planned to terminate the lease unless council objected. There were no objections stated. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 8 VOTE: Frazer: Yes Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- No report. D-2. Airport Commission -- Swarner noted minutes of the last meeting were included in the packet and the next meeting was scheduled for May 11. Airport Manager Cronkhite reported Commissioner Knackstedt was working with a group of people from the community in scheduling the B-17 and B-24 visit to Kenai. She noted, it looked positive they would visit Kenai, but they were awaiting confirmation of the date. D-3. Harbor Commission -- Bookey reported the next meeting would be held on May 8. D-4. Library Commission -- Moore reported a meeting was held on May 2, however he had not attended due to a coinciding budget work session. Commission Chair Peters reported the Friends of the Library had a vacancy on the board and had purchased $4,500 in audio CD's and books for the library. He also noted, Commissioner Melinda Haring would be resigning. Peters reported the Commission discussed staffing needs at the library and then adjourned to attend the budget work session. D-5. Parks & Recreation Commission -- Frazer reported the next meeting was scheduled for May 4 and Councilwoman Porter would attend in his absence. It was also noted a resignation was received from Commissioner Yamamoto and two applications were included in the packet for possible appointment. Williams suggested Mike Baxter be appointed to the Commission. There were no objections. D-6. Planning & Zoning Commission -- Bannock reported the Commission reviewed the livestock ordinance which would appear for public hearing on the Commission's agenda on May 10. D-7, Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting would be held on May 9 after which a volunteer orientation would be held. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 9 D-7b. Historic District Board -- Moore reported the next meeting was scheduled for June 12. Williams reported he had met with the Board chair and discussed and visited historical sites in the community. D-7c. Kenai Visitors & Convention Bureau Board -- Bookey reported a meeting was held on April 27 at which the new officers were installed (Fred Braun, Chair; Jim Arness, Vice -Chair; and Ron Malston, Secretary/Treasurer). He also noted minutes of two past meetings were included in the packet. Bookey also referred to the KVCC Community Report which was distributed to council and reminded all of the Alaska 2000 art show grand opening reception scheduled for May 5. D-7d, Alaska Municipal League Report -- Williams reported the Legislature had passed its budget but did not include funding for engineering of the bluff erosion project. He also reported the final NASA inspection of the Challenger Center had been held and the NASA representatives were quite pleased with the facility. BREAK TAKEN: 9 :46 P.M. BACK TO ORDER: 9:50 P.M. ITEM E: MINUTE`S E-1, Regular Meeting of April 19, 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: Councilwoman Swarner 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: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 10 H-3. Ordinance No. 1860-2000 -- Repealing KMC 5.05, Entitled "Peddlers" and KMC 5.30, Entitled "Transient and Itinerant Merchants" and Replacing Them with a New KMC 5.05 Entitled "Peddlers and Transient Merchants." Introduced by consent agenda. H-4. Ordinance No. 1861-2000 -- Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part -Time Employees. Introduced by consent agenda. H-5. Ordinance No. 1862-2000 -- Amending Various Sections of Title 4 and Title 14 of the Kenai Municipal Code to Clarify and Correct Inconsistencies. Introduced by consent agenda. ITEM I: ADMINISTRATION REPORTS I-1. Mayor -- Williams reported the community group supporting the development of an arts and humanities/theatre facility would like to partner with the city in providing a portion of the cost (through grant funds they are pursuing) for the updating of the city Comprehensive Plan. Williams also urged council and administration to involve the community in collecting opinions and suggestions in the effort. Ross noted, Administration was reviewing other Comprehensive Plans and was developing an infrastructure for the Plan. There would be a lot of opportunity for the public to be involved in the new plan due to the planned discussions regarding the future of the Kenai corridor. Comments from council were that they were not comfortable with the arts group being included as a partner as it could be presumed by the public the arts group"s opinions or suggestions would carry more weight than others. Ross noted, a professional planner would be contracted to help in the effort and who will be talking with groups, businesses, administration, etc. in collecting information. He added, the updating of the Plan will be a long process and at times, because of the topics, could be an uncomfortable process. Williams suggested the arts group begin the application process for a grant on behalf of the city and any grant funds received would come directly to the city. Porter suggested a copy of the grant be forwarded to the city for review before it is submitted to the grantor. Ross suggested the grant application be broad based and not group specific. Williams stated he would discuss the matter further with the arts group. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 11 I-2. City Manager -- Ross referred to the discussion of including additional funds in the Council on Aging meal budget. He referred to information added to the agenda in regard to the projected revenues and revenues received to date for the program. He noted, they now were projecting $53,000 would be received through the program which was what administration originally projected. He stated, unless otherwise directed by council, he would not make the change in the budget discussed during the budget session because the revenues were as projected in the budget document and changes were not necessary. Porter noted, the price of the meals was a suggested donation which may or may not be received. However, she felt comfortable with leaving the amounts as they had been in the budget document, but added, the possibility could arise that additional funding would be required and that she felt comfortable additional funding could be requested. There were no obj ections from council. Ross stated he would submit the budget without the transfer. I-3. Attorney -- No report. I-4. City Clerk -- No report. I-5. Finance Director -- No report. I-6. Public Works Managers -- No reports. I-7. Airport Manager -- Director Cronkhite reported one-third of the FAA inspection had been completed and she would report on the findings at the next council meeting. ITEM J: DISCUSSION J-1. Citizens Bob Peters -- Old Town resident. Referred to his comments made at the second budget work session and noted he spoke as a citizen and not as the Chair of the Library Commission. Peters also stated his support in the council raising taxes as the cost of running the city had increased through less state funding, etc. and the city services had remained the same. He added, he believed others in the community would support a raise in taxes as well in order to add employees if necessary to maintain their quality of life. J-2. Council Swarner -- • Asked if the lawns along Rogers Road had been inspected for damage from snowplows. Public Works Manager Kornelis reported, a list had been developed in the office of people who called about lawn damage. • Asked if the city would be participating in the statue unveiling at the Erik Hansen Park. Director Frates explained he was notified the statue would be placed on KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 12 May 17 and a program would be held on May 19. The Parks Department would invite the public to attend. Williams suggested a small program be held and a small announcement be placed in the newspaper. There were no objections from council. Bookey -- • Asked if there was anything council should know about future tree cutting programs as he believed it was important they be informed prior to the program beginning. Ross noted trees would be cut on the Daubenspeck property, although they hoped to save the larger trees. The area will be brushed out as well. Public Works Manager La Shot noted, trees would be thinned going toward the highway along Bridge Access Road. • Ross reported, the tree cutting would continue in the cemetery during the summer. • Fire Chief Elson will be determining other areas of the city where the Fire Wise program could be continued. Ross suggested some informational neighborhood programs be held prior to the cutting. Moore -- Thanked Elson for his presentation at the beginning of the meeting. He noted, he still felt slighted with what happened in the subdivision as he didn't feel they received a straight answer with what the program would entail. Elson stated, it was a learning experience for him as well and wanted to hold similar programs with the experts in attendance for other areas of the city where the Fire Wise program would continue. He added, several of the Inlet Woods residents would also be invited to explain what to expect. Porter -- No comments. Bannock -- Requested to meet with Mayor Williams to discuss the future of the city. Frazer -- No comments. Williams -- Requested Clerk Freas prepare a letter of congratulations to newly - elected Anchorage Mayor Wuerch. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 10 : 3 5 p.m. Minutes transcribed and repared by: APPROVPED By C. CM, ILL, t2 Carol L. Freas, City Clerk an �