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HomeMy WebLinkAbout2000-09-20 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 20, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www.ci.kenai.ak.us 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. 1877-2000 -- Amending KMC 13.30.080 to Include Prohibiting the Operation of Motor Vehicles on the Vegetated Areas of a Portion of the South Shore of the Kenai River and Cook Inlet. 2. Ordinance No. 1878-2000 -- Amending Various Parts of Title 21 (City Airport and Airport Lands) and title 22 (City -Owned Lands) of the Kenai Municipal Code. 3. Ordinance No. 1879-2000 -- Increasing Estimated Revenue and Appropriations by $225,000 in the Water and Sewer Fund and the Mission Street Sewer Line Relocation Capital Project Fund. 4. Resolution No. 2000-55 -- Transferring $5,000 in the Wellhouse No. 4 Capital Project Fund From Construction to Engineering for Additional Engineer/Design Work. 5. Resolution No. 2000-56 -- Adopting an Alternative Allocation Method for the FY01 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. -1- 6. Resolution No. 2000-57 -- Designating the Kenai Water Quality and Quantity Development Program -- Wellhouse No. 4 With Main Line Tie - Ins -- Phase III Project as the City of Kenai's Number One Overall Capital Improvement Project. 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. Kenai Historic Commission 8. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Visitors & Convention Bureau Board C. Alaska Municipal League Report TTEM E! MINUTES 1. *Regular Meeting of September 6, 2000. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS 1. Approval -- Vacation of a Public Right -of -Way and/or Easement Reserved Under Public Land Order 1216 and Excluded from U.S. Patent Filed in Book 547, Pages 167 and 168, Kenai Recording District, Located in U.S. Survey 1435, Within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska (502 Overland Avenue, Kenai) . ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1880-2000 -- Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Library Grant From the State of Alaska. 4. Approval -- Kenai Municipal Airport Prepaid Calling Card Machine Special Use Permit/Alaska Call Connection. 5. Approval -- Proposal to Purchase/Lot 3, Block 2, Evergreen Subdivision, Kim Addition -- New Castle Builders. -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 } SEPTEMBER 20, 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 7:03 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: Absent was: Bookey, Swarner, Moore, Porter, Bannock, Frazer and Williams. A-3., AGENDA APPROVAL Mayor Williams requested the following changes to theagenda: ADD AS: B-1, Assembly President Bill Popp -- Economic Disaster Release Request MOVE: G-1, Vacation of Easement to be heard immediately before C-1. 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 There were no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED to approve the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 2 B-1. Assembly President Bill Popp -- Economic Disaster Release Request Economic Disaster Release Request -- Popp reported the full declaration was not received and Governor Knowles was trying to obtain long-term Small Business Administration loans for those who were affected by the low returns of the fishing season and he believed a response should be received within a few weeks. Popp also reported the Assembly, at their next meeting, would be discussing developing a traveling team to meet with different agencies and bring them to the area in regard to the disaster declaration and encouraged items of concern be forwarded to them prior to the meeting. Councilman Moore stated he did not have any specific concerns but appreciated the Assembly's efforts and thought the fishing industry would appreciate their efforts as well. Project Impact -- Popp reported he learned there was an oversight by Borough administration that the areas included in this year's Project Impact efforts would not be completed before winter. However, the matter would be discussed at their next meeting and he believed it would be resolved at that time. He invited Fire Chief Elson to attend the assembly meeting to speak to the issue if he desired. Popp added, he wanted the work to be done before winter. Williams asked if the slash would be removed from the Section 36 properties before winter. Elson answered, the slash piles are to be burned in place and there had been advertisements to the community that the wood was available to the public. Discussion followed regarding e-commerce's affects on the borough/ city governments and Williams asked if the borough would be interested in doing a borough -wide review of the issue and how the cities could participate. Popp stated he would entertain it as a joint effort and thought it could be explored by the Economic Development District and would bring the matter to the attention of the assembly. Williams stated, the information garnered from the study could be used by the local governments in preparing budgets. Council had no objections to having Popp discuss the matter with the assembly and after the borough finance committee reviews the information, having the EDD do the study. G-1. Approval -- Vacation of a Public Right -of -Way and/or Easement Reserved Under Public Land Order 1216 and Excluded from U.S. Patent Filed in Book 547, Pages 167 and 168, Kenai Recording District, Located in U.S. Survey 1435, Within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska (502 Overland Avenue, Kenai) . City Manager Ross reported he met with Kenai Natives Association's (KNA) Board of Directors President Rick Segura and General Manager Mike Slezak to discuss the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 3 vacation and the right-of-way easement for Overland Drive which Councilman Bookey brought to council's attention at their last meeting. Ross added, KNA agreed to sign a right-of-way easement for Overland Drive. Mike Slezak -- Stated he was unaware of the right-of-way problems with Overland Drive and that KNA was anxious to resolve the problem. Mayor Williams noted the record should show the City of Kenai had no objections to the vacation of public right-of-way and/or easement for referenced property. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1877-2000 -- Amending KMC 13.30.080 to Include Prohibiting the Operation of Motor Vehicles on the Vegetated Areas of a Portion of the South Shore of the Kenai River and Cook Inlet. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1877-2000 and Councilwoman Swarner SECONDED the motion. Bill Popp -- Stated he shared the concerns of his neighbors in regard to the increased pressure on the south side of the Kenai River due to the dip net fishing. He added, his biggest concern is the number of vehicles, amount of activity, pressure and sanitation. Popp referred to paragraph (a)(1) of the proposed ordinance and noted it allowed for public safety vehicles to operate on the vegetated area. He asked if that would cause a problem in refuge removal in the future. Other than that, he believed the ordinance was heading in the right direction, but the long-term concern would be how the city's services would be able to access the area. Porter stated her main concern in proposing the ordinance was the destruction of the dunes and sanitation problems in the area. She noted, administration was to discuss that concern with the state. Popp asked if the ordinance would allow parking at the mouth of the river. Porter answered, the issue is to protect the dunes and the ordinance offered an avenue for enforcement if needed. Ross explained administration had discussed the matter several times with the state and the city applied for a grant which was not granted. The state officials understand there is a problem and they and city administration are actively investigating placement of a road and parking lot in the area. Discussion followed regarding the city's intention to enforce the ordinance if passed. Chief Morris noted the Police Department had a four -wheeler available to them through Fish 8, Game during the dip net fishing season. Concern was stated that if there is an ordinance, it should be enforced all year long. Swarner stated she wanted KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 4 to discuss purchasing a four -wheeler or other equipment needed for enforcement during the next budget period. Ross noted, the city would only be able to enforce the ordinance when officers were available to patrol the area. Bannock reported the Planning & Zoning Commission passed their identical resolution. He stated his respect for the intent of the ordinance, but felt developing an alternate access would be a better way to resolve the concern instead of developing an ordinance that would be difficult to enforce. Bannock stated he would not support the ordinance and urged administration to provide an alternate access. Porter noted the ordinance didn't appear to have enough support and suggested administration discuss the matter further with the state. Ross noted, he had discussed several alternatives with the state and believes the biologists are recognizing that protection of the dunes is needed and a road may be feasible. He added, he would be meeting again with state representatives in October or November. MOTION: Councilwoman Porter MOVED to table Ordinance No. 1877-2000 and Councilman Moore SECONDED the motion. There were no obj ections. SO ORDERED. C-3. Ordinance No. 1878-2000 -- Amending Various Parts of Title 21 (City Airport and Airport Lands) and title 22 (City -Owned Lands) of the Kenai Municipal Code. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1878-2000 and Councilman Moore SECONDED the motion. There were no public comments. Ross reviewed the intended changes to the Code and noted the changes were housekeeping measures. VOTE: Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1879-2000 -- Increasing Estimated Revenue and Appropriations by $225,000 in the Water and Sewer Fund and the Mission Street Sewer Line Relocation Capital Project Fund. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 5 MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1879-2000 and Councilman Bannock SECONDED the motion. There were no public comments. Public Works Manager Kornelis reported the current sewer line would be abandoned in place and reviewed the line's placement design, noting a change was made due to utility and right-of-way concerns. Bookey suggested consideration should be given to moving the water line and Ross noted administration had discussed the matter and felt that if the Coastal Trail project goes forward, the water line will be protected and would not have to be moved. VOTE: Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 2000-55 -- Transferring $5,000 in the Wellhouse No. 4 Capital Project Fund From Construction to Engineering for Additional Engineer/ Design Work. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-55 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: There were no objections. MOTION PASSED UNANIMOUSLY. C-5. Resolution No. 2000-56 -- Adopting an Alternative Allocation Method for the FY01 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-56 and requested UNANIMOUS CONSENT. Councilman Frazer SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 6 There were no public comments. Williams asked how the low returns from the past fishing season would affect the allocation. Ross answered it was unknown what the impact would be because fish is also brought in from other areas of the state for processing. VOTE: There were no objections. SO ORDERED, C-6. Resolution No. 2000-57 -- Designating the Kenai Water Quality and Quantity Development Program -- Wellhouse No. 4 With Main Line Tie - Ins -- Phase III Project as the City of Kenai's Number One Overall Capital Improvement Project. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-57 and requested UNANIMOUS CONSENT. Councilman Frazer SECONDED the motion. There were no public comments. Ross explained, the resolution would acquire more points toward the city's request for DEC funding for the wellhouse project and would not interfere with requests made from the Governor's Matching Fund program. VOTE: There were no objections. SO ORDERED, ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Porter reported a meeting was held on September 14 at which an informative update was given by Cristin Lambert regarding the new transportation brokerage system. Porter added, because of the group's strong desire to have an assisted living facility situated in the area, a lengthy discussion took place on how to encourage that type of a project. To that end, the group would be contacting developers/managers of those types of facilities and inviting them to the area to review the matter. Porter also reported a computer lab will be set up in the green room at the Center for the seniors' use. D-2. Airport Commission -- Councilwoman Swarner reported the Commission met on September 14 and discussed the choice of flooring made by the carpet committee. The item will be presented to council at their October 19 meeting. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 7 Williams noted Commissioner Copple had missed five out of the last eight meetings and requested the Clerk send a letter to ask him his intentions in regard to his membership. D-3. Harbor Commission -- Councilman Bookey reported the Commission met on September 11 and discussed the commercial fishing disaster declaration and a ramp request of Snug Harbor Seafoods. Bookey noted, the Commission would review the ramp request again during the Corps of Engineers application review. D-4. Library Commission -- Councilman Moore reported the Commission met on October 3 and that the Friends of the Library were selling raffle tickets. D-5. Parks & Recreation Commission -- Councilman Frazer reported the Commission met on September 7 and the minutes of the meeting were included in the packet. He noted there was a long discussion about Leif Hansen Memorial Park and the need for additional sidewalks and the suggestions of placing a brick wall memorial there as well. The Commissioners were asked to visit the Park and consider some designs for new sidewalks and bring those ideas back to the next meeting. Frazer also reported the Teen Center would be used as a meeting place for the young people interested in development of a skateboard park. Porter asked if the debris from Project Impact/Fire Wise program would be removed from the East End Trail area before winter. Fire Chief Elson explained there was money included in the program for chipping/burning. A purchase order for the work had been prepared but was hung up at the borough. He added, he hoped the chipping would be done before snow. D-6. Planning & Zoning Commission -- Councilman Bannock reported among other actions, the Commission failed their resolution to recommend amending the Kenai Municipal Code in regard to junk vehicles, changing the term "obscured" to "screened." He noted, the Commission discussed the matter at length and determined they were not interested in making it easier to have a junk vehicle. Bannock reported he also shared his idea of administrative approval of some landscape/site plan reviews with the Commission and the Commission agreed it was a good idea and he requested City Attorney Graves to draft a resolution to that end. Williams noted new junk vehicles, as well as buses, had been placed on the old Quandt wrecking yard and asked if administration was aware. Ross stated his last contact was when the owner was cleaning up the property, uncovering buried vehicles to remove. Porter asked if administration was going to be able to do something about junk vehicles in the city by spring. Ross reported Public Works Manager Kornelis had KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 8 traveled to the Mat -Su Borough to learn more about the program they developed, involving a massive effort of volunteers, crushers, tow companies, etc. and had a massive one -day event. Kenai is interested in doing a similar project and the Borough and City of Soldotna were contacted to see if they would want to participate. Porter stated she believed this would be a good idea and that citizens should be informed early and after the event, what is not removed can be addressed separately. D-7. Kenai Historic Commission -- Councilman Moore reported there was no quorum for the October 15 meeting. D-8. Miscellaneous Commissions and Committees D-8a. Beautification Committee -- Councilwoman Swarner reported the regular meeting was held on October 10 at which the committee discussed the sidewalk at Memorial Park. She noted there had been a request to place a large memorial rock in the Park close to the Dan's T.V. property. D-8b. Kenai Visitors & Convention Bureau Board -- No report. D-8c. Alaska Municipal League Report -- Williams reported he would not be a attending the Mayors meeting in Kodiak. ITEM E: MINUTES E-1. Regular Meeting of September 6, 2000. -- Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G. OLD BUSINESS Approval -- Vacation of a Public Right -of -Way and/or Easement Reserved Under Public Land Order 1216 and Excluded from U.S. Patent Filed in Book 547, Pages 167 and 168, Kenai Recording District, Located in U.S. Survey 1435, Within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska (502 Overland Avenue, Kenai) . Discussed after B-1. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING MINUTES ! SEPTEMBER 20, 2000 PAGE 9 Councilwoman Swarner MOVED to pay the bills and Councilman Moore SECONDED the motion. There were no obj ections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. Swarner asked if the projectors on the list were being purchased over the Internet and if local vendors had been contacted. In both cases they were not being purchased over the Internet and local vendors had been contacted, however their price was considerably more. Williams commented on his concerns that local costs for many items are so much more that it forces buyers to go elsewhere for the same equipment. NOTE: There were no objections. SO ORDERED, H-3. Ordinance No. 1880-2000 -- Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Library Grant From the State of Alaska. Introduced by consent agenda. H-4. Approval -- Kenai Municipal Airport Prepaid Calling Card Machine Special Use Permit/Alaska Call Connection. Swarner noted the Airport Commission had reviewed and discussed this special use permit and recommended approval. MOTION: Councilwoman Swarner MOVED for approval of the Special Use Permit with Alaska Call Connection as presented in the lease and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-5. Approval -- Proposal to Purchase/ Lot 3, Block 2, Evergreen Subdivision, Kim Addition -- New Castle Builders. MOTION: KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 10 Councilwoman Swarner MOVED to approve the cash sale to Jerry Stock, d / b / a New Castle Builders for $9,500 for Lot 3, Block 2, Evergreen Subdivision, Kim Addition. Councilman Bannock SECONDED the motion. Moore stated he would not support the sale referring to his previous action on an Inlet Woods sale request and asked if the code referred to cash discounts. Ross answered, the code did not speak to cash discounts. He added, Stock offered to pay cash for the property which was appraised at $11,000 (which was posted on the property) . Bookey noted he was aware that once property has been through the bid process, the city manager has the authority to negotiate a price whether cash or credit and would support the sale because he felt it important to sell the property and have it developed. It was noted there were only time limits on appraisals for airport lands. Bookey asked if the code has limits for how long a lot can be up for sale through negotiated price before it should be returned to the bid process. Ross answered, the code had no restrictions, but the council could direct administration to order a new appraisal and new sale. Frazer stated he supported the resolution because it was a builder that has built other houses in the city and will be placing a house on the property. Williams stated he would also support this sale because it was different than the previous sale request (Inlet Woods) because it was not setting a precedent; the property had been on the market for a long time; the property had not been tied up in litigation; and because the house market was in better condition when four other lots were sold to the (for the same price) contractor in 1997. VOTE: Bookey: Yes Swarner: Yes Moore: No Porter: Yes Bannock: Yes Frazer: Yes Williams: Yes MOTION PASSED. ITEM I: ADMINISTRATION REPORTS Mayor -- Mayor Williams reported the following: • He attended the Alliance/BP meeting where the proposed natural gas line was discussed. He noted BP wants to start the project in 2002 and have gas to market by 2007. Although a gas line is being proposed to go through Canada, it would not preclude a line to Nikiski. • He congratulated council and administration who attended the Challenger Challenge with members of the City of Soldotna council and administration. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 11 • He referred to the attendance record of the Kenai Historic Commission and noted absence problems with several of the members which the council would need to address again. • Noted the city couldn't rely on the Economic Development District or the Borough's new economic development group to help the city in seeking and encouraging new businesses to come to Kenai and that it is the city who is responsible for those efforts. Because there is economic activity available, he believed the city should have an employee responsible for making the necessary investigations, contacts, etc. He noted a hotel/ conference center and addition to the senior housing facility, airport development were projects that could be investigated. Swarner stated she agreed with Williams about the economic development and growth of the city and agreed the effort needed to begin with the council. She suggested council meet in an informal session to discuss economic development. Williams suggested council also consider hiring an economic development officer for a year and treat it as a project. There were no objections in setting a work session with city commission/ committee members, staff, and council to have a broad discussion of the city's economic future. • Asked if the refrigerator replaced at the Senior Center was repairable and if so, could it be purchased by the Challenger Center. Ross stated he would find out. I-2. City Manager -- No report I-3. Attorney -- No report I-4. City Clerk -- Clerk Freas noted absentee ballots were available at City Hall for the October 3, 2000 City/ Borough election. Freas also requested council to inform her as soon as possible whether they were planning to attend the AML Conference in Juneau in November in order to make the appropriate reservations. I-5. Finance Director -- Acting Finance Director Feltman thanked the council for allowing her and Kenna Meeks to participate in the Challenger Challenge. I-6, Public Works Managers -- No reports. I-?. Airport Manager -- No report. ITEM J: DISCUSSION J-1. Citizens -- None. 1-2. Council KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 12 Bookey -- Questioned the well -drilling operation taking place at the Civil Air Patrol property. Airport Manager Cronkhite reported the CAP were drilling some test wells on their property. Swarner -- • Referred to the earlier discussion regarding sales tax and how it affects the city and requested administration investigate the feasibility of adding a service charge on each internet bill in the city. • Suggested closing access to the south side beach would bring immediate attention to the city's concerns. Moore -- Liked Swarner's idea of closing access to the south -side beach and thought it could be leverage for administration to use in pursuing another access to the beach. Porter -- Thanked Attorney Graves for his assistance during the Challenger Challenge. Bannock -- Stated he enjoyed the Challenger Challenge and added, it was the most fun he had with council and thanked Williams for developing the idea and including the City of Soldotna. Frazer -- Noted the audience chairs in the chambers had all be reupholstered and added, the only thing missing were the people to fill them during the meetings. Williams -- Reported he presented a proclamation to the Phillips group who worked on the East End Trail. He also reported he attended former Councilman Raymond Measles' retirement party from Tesoro and noted it had been well attended. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 9:29 p.m. Minutes transcribed and prepared by: APP ROVED BY COUNCK M 1fQM"3�AC••t�if40!�tlM`.!AA},ti's W�F1tS'N"iYk''1�l Carol L. Freas, City Clerk l� '�Jptt1