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HomeMy WebLinkAbout1999-03-03 Council Minutes- ), AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 3, 1999 T: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) 1. Mayor John Williams - a. Property tax payers b. Borough Economic Outlook Forum - Dwindling City Tax Base C. Kustaten Ridge Project d. Washington, D.C. trip e. Representative Smalley's meeting of Monday, March 1 f. Old City Video g. Administrative Exemption to Setback Requirements ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1812-99 -- Increasing Estimated Revenues and Appropriations by $750 in the Council on Aging Borough Special Revenue Fund. 2. Ordinance No. 1813-99 -- Amending Title 4 of the Kenai Municipal Code Entitled, "Uniform Building Codes," to Adopt and Incorporate by Reference Therein the 1997 Editions of the Uniform Building Code, the Uniform Building Security Code, the Uniform Code for Abatement of Dangerous Buildings, the Uniform Sign Code, the Uniform Mechanical Code, the Uniform Plumbing Code, and the 1999 National Electrical Code. -1- 3. Resolution No. 98-84 -- Declaring the Following Engine Surplus and Donating it to the Kenai Peninsula Fire Chiefs Association. (Postponed on 12/2/98 to Time Certain on 3/3/99.) 4. Resolution No. 99-10 -- Adopting a Flexible Benefits Plan. 5. Resolution No. 99-11 -- Accepting Conveyance of a 9.64± Acre Parcel Next to Kenai Central High School from the Kenai Peninsula Borough. 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 & Convention Bureau Board d. Alaska Municipal League Report 1. *Regular Meeting of February 17, 1999. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H. 1. 2. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 -2- 1 ITEM I: 1. 2. 3. 4. 5. 6. 7. ITEM J: ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Airport Manager DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING MINUTES MARCH 3, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /1www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 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: Bannock, Frazer, Williams, Bookey, Swarner and Moore. Absent was: Measles. A-3, AGENDA APPROVAL Mayor Williams requested the following change to the agenda: ADD TO: C-3, Resolution No. 9 8-84 -- 3 / 1 / 99 letter from Anchor Point Fire & Emergency Service Area reaffirming their interest in obtaining the 1971 Seagraves Pumper. MOTION: Councilman Bookey MOVED to table Ordinance No. 1813-99 in order to have a full council and the Building Inspector present to discuss the item as it will be a major discussion; move Resolution No. 98-84 regarding the donation of the Seagraves engine to the beginning of the agenda; and, move the Mayors Report to the beginning of the meeting. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA Mayor Williams reported he had no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENTS Mayors Report a. Property tax payers -- Williams requested the list of property tax payers used for the city's last Economic Forum to be forwarded to the Borough Mayor for possible use for the upcoming Borough Economic Outlook Forum. b. Borough Quarterly Report -- Williams referred to the Kenai Peninsula Quarterly Report which was included with the council's packet. Williams also referred to the article included in the packet and noted, the principal property tax payers in the city were listed. He noted, Wards Cove Packing, Salamatof Seafoods, Inlet Fisheries and Cherrier 8. Cherrier were four of the top ten. Of those, two have closed which represents nearly $7 million in tax base. C. Borough Economic Outlook Forum -- Williams reported the Forum had been scheduled for March 13 and would be held at the Kenai Senior Center. Additional information will be forthcoming from the Borough. He added, the Forum will be discussing the state economic position and not just the city's. After the Borough's forum is held, the council may consider whether to hold a city-wide forum. d. Dwindling City Tax Base -- Discussed at Borough Quarterly Report. e. Kustaten Ridge Project -- Williams reported he met with Jim Elson, Mayor Navarre, Representative Smalley and Jim Wilkinson regarding this project. It is moving ahead. He added, the state was reviewing the process of transferring the land to the Borough. After that, many agreements will be required between the Borough and Salamatof Native Association in order to open the area. Williams added, during his trip to Washington, DC, he would be speaking with Senator Murkowski's staff regarding the OCS bill to determine whether some of those funds may be available for the Kustaten project, as well as for the city bluff erosion concerns. f. Washington, D.C. Trip -- Williams reported, during his trip to Washington, he would also be discussing with Congressman Young, his commitment to put some funds into the fire training facility primarily for a warehouse. Also, funding requests for the Challenger Learning Center project will be discussed. g. City Video -- Williams requested council to give some direction to Clerk Freas as to the amount of funds to be included in the Legislative budget to either develop a new city video or update the existing video. Williams added, council should also give some thought to whether they would like to develop videos or CD-roms. Also, council should give some indication as to funding for advertising the city as discussed in a prior meeting. KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 4 Councilman Moore asked what restrictions would be placed on the truck if it goes to the Association as far as use and location were involved. City Manager Ross answered, the letter from the Fire Chiefs Association did not indicate they were anticipating any restrictions. He added, the council, in their prior discussions, had not indicated any restrictions. Administration did not envision placing any restrictions. Ross continued, .this would be a donation to the Fire Chiefs Association. Chief Elson reported, the discussion at the last meeting of the Fire Chiefs Association was that the Association would in turn, pending insurance and maintenance coverage, house the vehicle at the PRISM to be used for training purposes. Dave Burnett -- 1506 Barabara Drive, Kenai, and is also the Director of the Pacific Institute of Safety & Management (PRISM) and representing Engineering Support, Inc. (ESI) who are currently managing the PRISM facility. Burnett explained, the truck, by donating it to the Fire Chiefs Association, would be housed at the fire training center and used for training. Burnett encouraged council to reconsider and bring the truck back to the City of Kenai, keep the city's logos on the truck, and take the advertisement from the truck for the facility. He added, the maintenance which the truck will incur may be up to $2,000 that he believed ESI would be willing to pay for on a regular basis. However, if the maintenance costs go over $2,000, he suggested the truck could come back to council and council could donate the truck to another entity, sell it, or repair it and put it back into service. Burnett noted, the truck was not reliable for emergency response or for fire calls, but it was a situation where the vehicle could be used and when it no longer serves the needs, it could be sold to another entity and that entity could insure it and carry the vehicle and do the maintenance on the vehicle. Burnett added, the truck did not serve his needs when he was the Fire Chief and he encouraged council to replace the vehicle because it was not reliable. However, he was now encouraging council to consider the use the vehicle could have at the fire training center with the amount of people who will be trained at the facility. He added, the City of Kenai will be included in the advertising of the training center if the city's logos on the vehicle. He requested council to reconsider and maintain the vehicle through the city instead of the Chiefs Association because the Association's logos would be placed on the vehicle and the city's removed. There were no changes to the resolution. VOTE: There were no objections to the resolution. SO ORDERED. Mayor Williams requested a motion to appoint a President Pro Tempore be made because he had to leave the meeting (traveling to Washington, DC). KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 3 h. Administrative Exemption to Setback Requirements -- Williams noted, Ordinance No. 1813-99 had been tabled. He noted, an ordinance failed a few months prior having to do with an exemption for variances. Williams reported, he had requested administration to draft an ordinance to allow for administrative exemption for setback requirements. He noted, he had received a complaint from a person who had to return to the Planning & Zoning Commission for an encroachment after already receiving a variance from the Commission. To do this will cost an additional fee and could slow the process of closing on the property. Williams added, because there are times there are minimal encroachments that could be handled administratively, he had requested administration develop an ordinance to give administrative authority to waive any encroachment up to a maximum of 12" overall. Councilman Bannock stated he would support the suggestion in theory, but requested the proposed document begin at the Planning & Zoning Commission for their recommendations or amendments because it had been discussed at length by the Commission in the past and because it would mean a change to Title 14. Swarner requested to have a history of encroachments attached to the proposed ordinance, noting sizes of encroachments, how many below 12", etc. since the late 1980's. Williams noted he has an encroachment on his property which he discovered when he applied for a building permit for an addition to his home. After having a survey of his property taken, it was a discovered his garage is encroaching by three inches. ITEM C: PUBLIC HEARINGS C-3. Resolution No. 98-84 -- Declaring the Following Engine Surplus and Donating it to the Kenai Peninsula Fire Chiefs Association. (Postponed on 12/2/98 to Time Certain on 3/3/99.) (Moved during Agenda Approval). MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 98-84 and Councilman Bannock SECONDED the motion. There were no public comments. Councilman Bookey stated he had requested this resolution be tabled in order to acquire additional information on the engine. Since then, he added, he did further research and reported he would concur with Chief Elson and City Manager Ross that the truck should not go back into the community as a first -respond truck. Bookey added, he would support the motion to donate the truck to the Kenai Peninsula Fire Chiefs Association and wish them luck. KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 5 MOTION: Councilman Bookey stated that due to the early dismissal of the mayor and absence of Vice Mayor Measles, he MOVED to appoint Councilwoman Swarner as Chair Pro Tempore for the remaining March 3, 1999 meeting. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams left the meeting. BREAK TAKEN: 7:20 P.M. BACK TO ORDER: 7:26 P.M. C-1. Ordinance No. 1812-99 -- Increasing Estimated Revenues and Appropriations by $750 in the Council on Aging Borough Special Revenue Fund. MOTION: Councilman Moore MOVED to adopt Ordinance No. 1812-99 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: Bannock: Yes Frazer: Yes Williams: Absent Bookey: Yes Swarner: Yes Moore: Yes Measles: Absent MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1813-99 -- Amending Title 4 of the Kenai Municipal Code Entitled, "Uniform Building Codes," to Adopt and Incorporate by Reference Therein the 1997 Editions of the Uniform Building Code, the Uniform Building Security Code, the Uniform Code for Abatement of Dangerous Buildings, the Uniform Sign Code, the Uniform Mechanical Code, the Uniform Plumbing Code, and the 1999 National Electrical Code. Tabled to March 17, 1999 council meeting (at agenda approval). C-4. Resolution No. 99-10 -- Adopting a Flexible Benefits Plan. MOTION: KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 6 Councilman Bookey MOVED for approval of Resolution No. 99-10 and Councilman Moore SECONDED the motion. There were no public comments. Bookey asked if administration approved of the plan. Finance Director Semmens explained, this would be supplemental insurance for the employees. The request was forwarded from the committee of employees who are researching insurance programs. Semmens added, there would be no cost to the city for this AFLAC insurance program. Payment from the employees will be by payroll deduction. VOTE: There were no objections. SO ORDERED. C-5, Resolution No. 99-11 -- Accepting Conveyance of a 9.64± Acre Parcel Next to Kenai Central High School from the Kenai Peninsula Borough. MOTION: Councilman Bannock MOVED for approval of Resolution No. 99-11 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- Swarner noted a City Appreciation Breakfast would be held at the Senior Center on March 23 and offered by the Senior Connection. D-2, Airport Commission -- No report. D-3. Harbor Commission -- Bookey reported the next meeting was scheduled for March 8, 1999. D-4. Library Commission -- Moore reminded council and audience of the celebration of the 50th Anniversary of the Library scheduled for Sunday, March 7, 1999 from 1:00 p.m. to 4:00 p.m. He added, the program was to start at 2:00 p.m. and Alan Poynor would be the Master of Ceremonies. Moore also reported the Writers' Night was scheduled for Thursday, March 4 a the KVCC. KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 7 D-5. Parks & Recreation Commission -- Councilman Frazer reported the meeting was scheduled for March 4 at 7:00 p.m. in the council chambers. D-6. Planning & Zoning Commission -- Bannock reported the meeting minutes were included in the packet. He noted, the debate on Resolution No. PZ99- 06, an application for a conditional use permit for a storage yard, was continued to the March 10, 1999 Commission meeting due to the illness of the applicant. Bannock added, this was a very interesting item as the property had specific zoning, specific characteristics (surrounded by gravel pits), and because there is an activity going on there that has no conditional use permit. He added, there were a lot of factors that will go into the Commission's decision. Bannock suggested council members attend the March 10 Commission meeting to listen in on the public hearing for this item because it would be very interesting. Bannock distributed pictures of the area for council to review and noted items in the photograph were items that used to be stored on the property where the new court house was constructed. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the Committee meeting was scheduled for Tuesday, March 9 at 5:30 p.m. Parks & Recreation Director Frates reported there were flowers sprouting in the greenhouse. D-7b. Historic District Board -- Moore reported the next meeting was scheduled for the third Monday in June. D-7c. Kenai Visitors & Convention Bureau Board -- No report. D-7d. Alaska Municipal League Report -- No report. ITEM E: MINUTES E-1, Regular Meeting of February 17, 1999 -- Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G. OLD BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 8 MOTION: Councilman Bookey 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 Bookey MOVED for approval of the purchase orders exceeding $2,500 and Councilman Bannock SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor -- Heard at the beginning of the meeting. I-2. City Manager -- Ross reported he would have a memorandum included in the next council meeting packet with more detail of actions taken by the Board of Fisheries meetings he attended during the last week. He added, he planned on incorporating information from Fish & Game and UCIDA in his report when it became available. Until then, he briefly reported on the meetings stating there were a lot of complex issues discussed and meetings were held for two weeks from early morning to late at night. Ross added, attending the meetings was an education. The commercial fishing industry, setnetters and drifters, commercial sport industry (guides) and Northern District Commercial (who did not have the same interests as the local commercial fishery and who were more allied with guides from the Matanuska- Susitna area and promoted those interested which were adverse to the central district)were all represented at the meetings. Ross continued, representatives from the personal use fishery and those who gill net at Kasilof were active. Additionally, a sport and recreational users (basically unorganized) were also represented. These people had stated their concern that they were basically being pushed out of the river due to the river's use by the guides. Ross added, he believed the sport and recreational user group would become more active. Additionally, habitat issues were represented during committee meetings, and information was used from the Boat Wake Study developed by the Kenai River Special Management Advisory (KRSMA) Board which Councilman Moore had been involved in during his term on the KRSMA Board. Ross continued, representing the City of Kenai, he promoted the economic interest of the city was in the vitality of both the commercial fishing industry and commercial sport industry. He requested the Board stay with the present management and not make major decisions during a downturn. Also, he supported the present situation KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 9 of status quo and asked that no more fish be introduced into the river to impact the city further with personal use until there had been an opportunity (with their assistance) in dealing with the south shore access problem. Ross noted, not much progress was made with that except that Fish 8y Game Habitat agreeing through Lance Trasky to review the situation before and after the season and then make an assessment. Ross also explained, to be effective this year, the personal use fishery will no longer be allowed to a line drawn from Main Street to the water all the way up river to the Kenai Boat Dock in order to better protect the city's north shore bluffs. (There would be a walking distance from the turnaround down to the water.) Ross stated he did not want to try to describe to council actions taken with the commercial fishery issues until he receives the information from Fish & Game and UCIDA, etc. He added, he believed there was a growing voice for the people in the community and other southcentral individuals which the guide industry will have to answer. The groups' comments were heard by the Board that there is a lack of equity as far as the fishery during July as it is almost a non-resident fishery due to the intense guiding and congestion on the river. Ross continued, as of 2000, the guide industry will have to drop one passenger from their boats as well as several other changes. In addition, by October, 1999, the guides' association will have to work with Fish & Game and meet with the Board of Fisheries' October meeting in regard to a management plan to district the guides. Ross explained, preliminarily discussed was making four zones on the Kenai River, the Kasilof River, and six zones at Deep Creek. The guides would be allowed only to guide in two of the zones. Ross added, he believed this would be expanded upon at the next Board meeting, i.e. a way to balance the economic interests of a non- resident fishery and resident fishing. The question would be whether it is desired to turn the July king fishing season into an economic fishery for the commercial sport industry only. Ross added, on the whole, he learned a lot and hoped over the next year or two, he will be able to put some of that knowledge into better use. Ross noted, he appreciated participating on the city's behalf. I-3. Attorney -- No report. I-4. City Clerk -- Reminded council their Conflict of Interest forms were due on March 15, 1999. I-5. Finance Director -- No report. I-6. Public Works -- Public Works Manager Kornelis had no report. Public Works Manager La Shot reported an ad will be placed in the paper to advertise the bid for multi -purpose facility and Challenger Center site work and buildings on KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 10 March 15. Also, at a future meeting, a Memorandum of Agreement will be included in council's packet to define the relationship between the city and Challenger for their review and approval. Swarner asked if the city had been having as much trouble with frozen water and sewer lines as was being had in Soldotna. Kornelis answered, he knew of approximately seven frozen service lines. He added, a main sewer line on Mission Street also froze which was attributed to the recent work done there by the State (construction material could have been left in the line) . Kornelis also reported the bid date for the Cunningham Park project was set for March 11. He added, the bid award should come to council at their March 17 meeting. I-7. Airport Manager -- No report. ITEM J: DISCUSSION J-1. Citizens Debby Sonberg -- 410 Cinderella Street, Kenai. Sonberg reported her daughter was involved in the job shadowing effort which had recently taken place. Her daughter was one of several who were at City Hall in the Finance Department for the day. Sonberg complimented the city and the Finance Department for their involvement and added, her daughter was very enthusiastic about the time she spent and found it to be very interesting. J-2. Council Bookey -- No comments. Moore -- Commended Ross for his representation of the city at the Board of Fisheries meeting. He noted, Ross' participation was well -received by most of the user groups. Moore also reported there had been 52 drift permits that went up for sale during the last week. Bannock -- Requested Kornelis to encourage the State to clean the sidewalks again. Frazer -- No comments. Swarner -- Thanked Ross for attending the Board of Fisheries meetings. She added, she heard many good comments and appreciated his being there representing the city. KENAI COUNCIL MEETING MINUTES MARCH 3, 1999 PAGE 11 EXECUTIVE SESSION - None Scheduled ITEM K.. ADJOURNMENT The meeting adjourned at approximately 7:50 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk rrr -Tit"o � v 516