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HomeMy WebLinkAbout2000-12-20 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING DECEMBER 20, 2000 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us WORK SESSION AT 6:00 P.M. REGARDING FEBRUARY 3, 2000 CITY ECONOMIC FORUM 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. 1890-2000 -- Increasing Estimated Revenues and Appropriations by $3,000 for a Volunteer Fire Assistance Grant From the State of Alaska. 2. Ordinance No. 1891-2000 -- Increasing Estimated Revenues and Appropriations by $7,946 in the General Fund for Library Computer Equipment. 3. Ordinance No. 1892-2000 -- Amending KMC 14.05.010 and 14.05.105 to Assign the Duties of Historic Preservation to the Kenai Planning and Zoning Commission. 4. Resolution No. 2000-71 -- Authorizing the Mayor and City Council Members to Participate in the Public Employees' Retirement System (PERS) of Alaska Pursuant to AS 39.35 Et Seq. 5. Resolution No. 2000-72 -- Transferring $6,500 From General Fund Contingency to Visitors Center Equipment for a Proj ector. 6. Resolution No. 2000-73 -- Transferring $1,500 in the Legislative Budget � for Postage. 7. Resolution No. 2000-74 -- Transferring $6,000 From General Fund Contingency to Police Transportation. 8. *2001 Liquor License Renewals Eadies Frontier Liquor -- Package Store Kmart #3623 -- Package Store 9. *Liquor License Transfer -- Package Store/ From Ethel D. Henderson to Zane L. Kummert. 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. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report 1. Regular Meeting of December 6, 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 -- Amendment to Concession and Management/Operation Agreement for the Kenai Multi -Purpose Facility. 4. Approval -- Continuation of Terms/City of Kenai Boards, Commissions and Committees. 5. Discussion -- Challenger Learning Center of Alaska Board of Directors Appointments 6. Discussion -- Bureau of Outdoor Recreation (BOR) Restrictions Conversion for Birch Island and Surrounding Acreage. 7. Discussion -- Set Work Session/City Manager Search ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING i DECEMBER 20, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kena.i.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:13 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: Williams, Bookey, Swarner, Moore, Porter, Bannock and Frazer. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: Item B-2, Randy Chalawsky regarding his documentary film project. REMOVE: Item C-9, Liquor License Transfer, Package Store/From Ethel D . Henderson to Zane L. Kummert from the consent agenda. MOVE: Item H-3, Amendment to Concession and Management/Operation Agreement for the Kenai Multi -Purpose Facility to be heard at B-1. MOTION: Councilman Bannock MOVED to approve the amended agenda and Councilwoman Porter SECONDED the motion. There were no obj ections. SO ORDERED. A-4. CONSENT AGENDA Mayor Williams requested the following items be added to Item C-9 and to remove C-9 from the consent agenda: ADD TO: C-9, Transfer of Liquor License from Ethel D. Henderson to Zane L. Kummert -- Letter and documents from Attorney Harold E. Snow, Jr. regarding the transfer. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 2 ADD TO: C-9, Transfer of Liquor License from Ethel D. Henderson to Zane L. Kummert -- Letter and documents from Attorney Arthur S. Robinson regarding the transfer. MOTION: Councilwoman Swarner MOVED to approve the consent agenda as amended and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS H-3. Approval -- Amendment to Concession and Management/Operation Agreement for the Kenai Multi -Purpose Facility. Nate Kiel -- 404 Lawton Drive, Kenai. Kiel introduced himself as a member of the LLC and gave a brief update of the use and popularity of the ice rink. Rick Baldwin -- 3080 Kim-N-Ang Court, Kenai. Baldwin explained the project had exceeded their expectations and caused some frustrations. They were particularly surprised by the off -hours usage of the facility which brought problems with the condition of the ice which increased the LLC's cost in Zamboni maintenance of the ice. He requested the city help pay for the Zamboni costs for the public ice time. He also clarified that the LLC was not the hockey association and requested the city pursue ways to remove the LLC from the operation of the rink. Baldwin added, they would probably break even with costs if they could guarantee ice through refrigeration from September through April. He reported he was informed a booster refrigeration system could cost between $70,000 to $100,000 and requested council to investigate refrigeration. City Manager Ross referred to the information in the packet and explained the LLC's original proposal, based on a full year, was programmed out at about $8,400. The proposal the city sent back, and to which the LLC agreed, wouldn't be that much. He added, the proposal before council was that the city would participate in the portion related to public skate, based on a formula, and that administration supported the amendment. An exact amount was not known. Ross also reported the budget included funding to pay for the maintenance costs. MOTION: Councilman Bannock MOVED to approve the Amendment to Concession and Management/Operation Agreement for the Kenai Multi -Purpose Facility marked Item H-3 and Councilman Frazer SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES . DECEMBER 20, 2000 PAGE 3 Bannock stated the cost to the city compared to the value of the facility, was a great deal for the city and he would support the amendment. VOTE: Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: Yes MOTION PASSED UNANIMOUSLY. Williams noted the city had a cost estimate for paving part of the parking lot at the facility and the Challenger Center planned to pave their portion of the parking lot. He asked if the LLC had any interest in negotiating a price to asphalt the floor of the multipurpose facility. Baldwin stated the LLC didn't have the funding and didn't think it was necessary to asphalt the floor for hockey use and explained that even with a temporary refrigeration system, only a sand base was required. He added, the worst problem they were experiencing was the sand outside of the rink being dragged in onto the ice. Williams stated he would like the costs of paving, enclosing and refrigeration of the rink be explored. Swarner requested refrigeration costs be discussed at budget time. Williams stated he wanted to discuss paving costs with administration and a local contractor. B-2. Randy Chalawsky -- Documentary Film Project Noted he was a 1990 graduate of KCHS and was employed in the filming industry. He spoke to council several years ago about a film he was wanting to make and distributed information about a feature film proposal he wanted to produce telling a story of the area through interviews with local residents. Chalawsky stated he wanted to return to council in January with a presentation and would request a resolution in support of his efforts at that time. BREAK TAKEN: 7:55 P.M. BACK TO ORDER: 8:10 P.M. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1890-2000 -- Increasing Estimated Revenues and Appropriations by $3,000 for a Volunteer Fire Assistance Grant From the State of Alaska. MOTION: KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 4 Councilwoman Swarner MOVED for approval of Ordinance No. 1890-2000 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1891-2000 -- Increasing Estimated Revenues and Appropriations by $7,946 in the General Fund for Library Computer Equipment. MOTION: Councilman Moore MOVED for adoption of Ordinance No. 1891-2000 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: Yes MOTION PASSED UNANIMOUSLY. C-3, Ordinance No. 1892-2000 -- Amending KMC 14.05.010 and 14.05.105 to Assign the Duties of Historic Preservation to the Kenai Planning and Zoning Commission. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1892-2000 and Councilman Bannock SECONDED the motion. There were no public or council comments. 1 VOTE: KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 5 Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: rYes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 2000-71 -- Authorizing the Mayor and City Council Members to Participate in the Public Employees' Retirement System (PERS) of Alaska Pursuant to AS 39.35 Et Seq. MOTION: Councilwoman Porter MOVED for , approval of Resolution No. 2000-71 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Williams stated he, Porter, former Council Member Smalley, and Ross were unable to participate in PERS. Williams objected to unanimous consent. VOTE: Williams: No Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: Yes MOTION PASSED. C-5. Resolution No. 2000-72 -- Transferring $6,500 From General Fund Contingency to Visitors Center Equipment for a Proj ector. MOTION: Councilman Bookey MOVED to approve Resolution No. 2000-72 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: No Frazer: Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 6 MOTION PASSED UNANIMOUSLY. C-6, Resolution No. 2000-73 -- Transferring $1,500 in the Legislative Budget for Postage. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2000-73 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no council or public comments. VOTE: There were no objections. SO ORDERED, C-7., Resolution No. 2000-74 -- Transferring $6,000 From General Fund Contingency to Police Transportation. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-74 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no public comments. Swarner asked if any of the costs involved with the trials would be reimbursed and Police Chief Morris answered no. VOTE: There were no objections. SO ORDERED, C-8, 2001 Liquor License Renewals Eadies Frontier Liquor -- Package Store Kmart #3623 -- Package Store Approved by consent agenda. C-9. Liquor License Transfer -- Package Store/From Ethel D. Henderson to Zane L. Kummert. This item was removed from the consent agenda at the beginning of the meeting. Two } letters were added to the information included in the packet. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 7 MOTION: Councilman Bannock MOVED to approve the transfer of the package store liquor license transfer marked C-9 for Eadies Frontier Liquor, Zane L. Kummert, transfer of ownership from Ethel D. Henderson. Councilwoman Porter SECONDED the motion. Attorney Graves explained it was a proposed transfer from the estate of Ethel Henderson (deceased) to the personal representative Zane Kummert (her son). He added, the estate and its assets were a sub j ect of a wide variety of litigation (wrongful death, fraudulent conveyance, bankruptcy, and probate actions) . The ABC Board was called and stated they would not do anything with the liquor license until receiving direction from the courts. The Board was only interested in whether there were any obligations owed to the city and whether the city would protest on the basis of taxes (obligations) owed to the city. Graves added, the council meeting was not the proper venue to decide whether there was enough money in the estate, whether the personal representative was doing a good/bad job, etc. The ABC Board would be relying on the court's judgment. He suggested council not get into those issues because they could not be resolved at this level. However, the city could say whether or not there were obligations owed to the city. City Clerk Freas verified there were no obligations owed to the city. Moore asked if it would be appropriate for the council to approve or disapprove of the transfer. Graves stated he believed it appropriate the city not protest because the taxes were paid. Swarner asked if council did not act on the transfer, what message would that send. Freas explained if no action was taken, it would tell the Board the city had no objections. She added, the city's letter of non -objection would be similar to the Borough's which was included in the packet. Graves noted, there was a mechanism in the code that allowed the city to protest on other issues, but would require an investigation, public hearing, etc. and to his knowledge none had ever taken place. Marcarius Targonsky -- Kenai, Alaska. Explained he represented Henderson and was her personal advisor for many years. He stated his personal objection, based on what he felt were criminal grounds, to the transfer and stated he felt a letter of non - objection from the city also said the city approved of the transfer. He added his concerns that the liquor license would be transferred to Zummert personally and not as the personal representative which would protect the license from being sold and funds received to go toward paying amounts owed by the estate. He requested council pass a motion to object to the transfer until the courts settle the issue. A lengthy discussion followed in which council determined whether a letter of non - objection letter should be sent and how the wording should be stated, i.e. they would not object based on unpaid taxes (obligations to the city). MOTION TO WITHDRAW MOTION: KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 8 Councilman Bannock MOVED to withdraw his former motion and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED, MOTION: Councilman Bookey MOVED to send a letter of non -objection due to no taxes owed on the liquor license and Councilwoman Porter SECONDED the motion. Graves stated the letter would essentially state, "the city has reviewed its files and has no objections based on unpaid or delinquent taxes." Freas noted, the letter would still refer to the applicant as the transferee. VOTE: Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: No Frazer: Yes MOTION PASSED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- No report. D-2. Airport Commission -- Swarner reported a meeting was held on December 14. She noted a large amount of discussion was devoted to proposals for the space formerly rented by the travel agency. Williams suggested the space be used at no cost for local merchants to display items through the Chamber of Commerce. Swarner noted there were several proposals presented by people interested in the space and suggested no decision be made at this time as those persons were directed to present written proposals for review and consideration. She added, of the four proposals heard, three of them could be accommodated and two of them would involve revenue to the city. The third would allow the EDD to display merchandise of local merchants at no cost. Williams requested his suggestion of the Chamber's local merchandise being displayed in the space be given equal review and requested Ross to present a written proposal for that purpose, checking whether it would be considered advertising and whether it could be done without conflict. Ross noted the EDD proposal was for off-season when there was no paying customer in the space. One of the other proposals was to use the space seasonally. He suggested the EDD and Chamber proposals be held and bring in the seasonal proposals. Williams stated he felt it important council should consider using the space for displaying merchandise of local merchants at no cost as it would still benefit KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 9 the community. Council was asked if they wanted to see the commercial business proposals presented at the Commission and the answer was yes. Williams stated concerns he received from local residents in regard to the airfares charged by ERA Airlines. He asked if the Commission had reviewed the new rates and was told they had not. D-3. Harbor Commission -- Bookey reported a meeting was held on December 11 and the minutes were included in the packet. He noted the meeting centered around a coastal trail/bluff erosion update. D-4. Library Commission -- Moore reported the holiday reception was well attended. D-5. Parks & Recreation Commission -- Frazer reported there was no quorum for the scheduled December 7 meeting. D-6. Planning & Zoning Commission -- Bannock noted the minutes of the December 13 meeting were included in the packet. He noted a brief work session was held following a short meeting to review changes to the sign code. The Commission will have a public hearing on the changes at their first meeting in January. Parks 8v Recreation Director Frates reported he received a memorandum from the Building Official in regard to the rink/ Challenger Center sign. The matter will be taken to the Commission for consideration only if the sign is outside the parameters defined by code. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- No December meeting. D-7b. Kenai Convention & Visitors Bureau Board -- Bookey reported a meeting was held December 11 at which time the director's evaluation was held and new members of the Board of Directors were announced. The next meeting will be held in January. D-7c. Alaska Municipal League Report -- No report. ITEM R! MTNTTTRS E-1, Regular Meeting of December 6, 2000. Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS -- None. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 10 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 Moore SECONDED the motion. Councilman Bannock objected to unanimous consent. VOTE: Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: No Frazer: Yes MOTION PASSED, H-3. Approval -- Amendment to Concession and Management/Operation Agreement for the Kenai Multi -Purpose Facility. Discussed at B-1. H-4. Approval -- Continuation of Terms/ City of Kenai Boards, Commissions and Committees. It was noted the Airport Commission membership list needed to be updated. Bookey noted Harbor Commissioner Jahrig had missed most of the meetings during the last year because of work responsibilities and he didn't think he would be able to participate in the Commission's work for some time in the future. Williams requested a letter be sent to Jahrig thanking him for his time on the Commission. Information included in the packet noted Library Commissioner Forbes requested she not be continued on the Commission. Council decided to wait until their next meeting before making another appointment. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 11 There were no objections to the reappointment of the Commissioners listed in the information included in the packet. H-5. Discussion -- Challenger Learning Center of Alaska Board of Directors Appointments MOTION: Councilwoman Swarner MOVED to continue John Williams as the City of Kenai's representative to the Challenger Center's Board of Directors and Rick Ross as its alternate. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, H-6. Discussion -- Bureau of Outdoor Recreation (BOR) Restrictions Conversion for Birch Island and Surrounding Acreage. Ross referred to information included in the packet and reported the city had tentative approval to proceed with the project and pointed out the summary appraisal was also included. He identified Parcel 1 as the city's downtown BOR restricted parcel and Parcel 2 as Birch Island. Ross added, a formal public hearing was required and would be held in February. Representatives from State Parks had been requested to attend to explain their Birch Island project. Ross reviewed the proposed exchange and noted Parcel 1 was found to have more value than Parcel 2, except it was short acreage and that was the negotiating point used, i.e. there would be no money exchanging hands in the agreement because Parcel 1 did not have the six acres originally restricted. Ross noted, the State was supporting the exchange to the federal government and the federals had given a tentative approval, based on the valuations and what had been done to proceed. He added, if the public hearing is held in February meeting, he believed the BOR restrictions should be released in May. Additionally, in June or July, the transfer of property from FAA should be received. He noted, administration was continuing to review the environmental report on the Daubenspeck property, but at this time there were no major problems, however there were some minor issues to handle. Williams stated he would like to have a ceremony during the transferring of properties, etc. when the time comes due to the length of time involved in coming to an agreement. H-7. Discussion -- Set Work Session/City Manager Search KENAI CITY COUNCIL MEETING MINUTES DECEMBER 20, 2000 PAGE 12 Ross referred to information included in the packet which was used during the last city manager search. He noted, the information was included for council to review prior to a work session. Ross added, he would be out-of-town from January 16-29. Council set January 15, 2001 at 7:00 p.m. as a work session to discuss/plan the city manager search. ITEM I: ADMINISTRATION REPORTS Mayor -- Williams reported the following items: • He traveled to Fairbanks recently to discuss the gas pipeline with representatives of the North Slope, Fairbanks and Valdez who are seeking bonding to continue development of their project. • The Borough Assembly suggested January 22 or 24 for a joint Challenger mission with the council. Council chose January 22 and invited other department heads or employees to fill spaces for the flight. I-2. City Manager -- Ross reported the following: • An update to the Supervisor Handbooks had been completed and copies were available for council. • A copy of the Borough's RFQ for planning and promotion of the proposed privately -owned prison were available for council's review through his office. • The resolution naming the city's capital improvement projects would be brought forward to council when cost amounts were compiled. • He requested Representative -Elect Chenault to take on the juvenile detention issue. • A watered-down Conservation and Reinvestment Act bill was passed by Congress but at reduced funding and that funding would probably not be received by the state until 2002. He added, this could be a good funding source for the coastal trail/bluff erosion project. Ross also noted he would be discussing opportunities for construction / design funding for the project through state sources with Chenault and Torgerson. I-3. Attorney -- No report. I-4. City Clerk -- The next council's staff quarterly meeting will be in January. I-5. Finance Director -- No report. I-6. Public Works Managers -- No reports. I-?. Airport Manager -- No report. KENAI CITY COUNCIL MEETING MINUTES DECEMBER'20 2000 PAGE 13 ITEM J: DISCUSSION J-1. Citizens -- None. J-2. Council -- Bookey -- Wished everyone happy holidays. Swarner -- Noted the following: • She would not be present at the January 3 council meeting. • The flags at Leif Hansen Memorial Park were missing. It was reported they are taken down during the winter. • Thanked council for the opportunity to attend the National League of Cities Conference. • Suggested council give thought to what they wanted in a city manager prior to the work session. Moore -- Noted the BOR restriction removal was going well and asked if Ross if there were other BOR problems needing cleaned up. Ross answered, there were some overlapping BOR issues in the Municipal Park and Little League area, but he didn't think that would be changed from an outdoor recreation use in the near future. He added, the BOR files were reviewed and no other concerns were found. Williams asked if there were any BOR restrictions on the "dust bowl" area and Ross answered no, however there were other issues in that area. Porter -- Suggested council members consider donating door prizes for the employee appreciation dinner and noted she would distribute a council greeter schedule for council at their next meeting. Bannock -- Thanked the Kenai Fire Department for their prompt attention to a recent problem. Frazer -- No report. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 10 : 02 p.m. Minutes transcribed and prepared by: ity Clerk Carol L. Freas, C