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HomeMy WebLinkAbout1998-12-02 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING December 2, 1998 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. 1803-98 - Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle." 2. Ordinance No. 1804-98 - Appropriating $17,056 in the General Fund for Legislative Department Salaries. 3. Ordinance No. 180 5 -9 8- -Appropriating $145,650 in the '98 Water System Improvements Capital Pro j ect Fund. 4. Ordinance No. 1806-98 Appropriating $900,000 in the Well House No. 4 Capital Project Fund. 5. Resolution No. 9 8-83- -Transferring $4,000 in the Airport Land System Special Revenue Fund and the Airport Terminal Enterprise Fund. Page 1 of 3 6. Resolution No. 98-84--Declaring the Seagraves Class A 1250 gpm Pumper Engine Surplus and Donating it to the Kenai Peninsula Fire Chiefs Association. 7. Resolution No. 98-85--Declaring the Advanced Life Support Equipment (Physio-Control LifePak 5) Surplus and Donating it to the Community of Hope -Sunrise. 8. Resolution No. 98-87--Transferring $21,000 in the Kenai ARFF Capital Project Fund for the Payment of Interest on Retainage. 9. *1999-2000 Liquor License Renewals - a. K-Mart #3623 - Package Store b. Eadie's Frontier Liquor - Package Store 10. *Liquor License Transfer - Casino Bar. 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 To"TAIR/r i1. 7f7'1T�T/nTC ITEM F: CORRESPONDENCE Page 2 of 3 ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS ITEM I: 1. Bills to be Paid, Bills to be Ratified. 2. Purchase Orders Exceeding $2,500. 3. *Ordinance No. 1807-98 -- Appropriating $60,000 for the Design of a Multi -Purpose Facility. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk � 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None scheduled. ITEM K: ADJOURNMENT Page3of3 __ KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 2 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE -MAYOR RAY MEASLES, PRESIDING ITEM A: CALL TO ORDER Vice -Mayor Measles called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Vice -Mayor Measles led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The Acting City Clerk took roll. Present were: Swarner, Moore, Measles, Bannock, Smalley and Bookey. A- 3 . AGENDA APPROVAL MOTION: Councilman Smalley MOVED for approval of the agenda; Councilwoman Swarner 1 SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION. Councilman Smalley MOVED for approval of the consent agenda; Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT None. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1803-98 - Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle." MOTION: Councilman Smalley MOVED to amend Ordinance No. 1803-98 as presented. Councilwoman Swarner SECONDED the motion. No public comment. No discussion. SO ORDERED. Kenai City Council Meeting Minutes December 2, 1998 Page 2of10 MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1803-98 as amended. Councilwoman Swarner SECONDED the motion. No public comment. No discussion. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Bookey: Yes Swarner: Yes Moore: Yes Williams: Absent MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1804-98 -Appropriating $17,056 in the General Fund for Legislative Department Salaries. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1804-98. Councilman Bookey SECONDED the motion. No public comment. No discussion. VOTE: Measles: Yes Bannock: No Smalley: Yes Bookey: Yes Swarner: Yes Moore: Yes Williams: Absent MOTION PASSED, C-3, Ordinance No. 1805-98 -- Appropriating $145,650 in the '98 Water System Improvements Capital Project Fund. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1805-98. Councilwoman Swarner SECONDED the motion. No public comment. No discussion. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Bookey: Yes Swarner: Yes Moore: Yes Williams: Absent MOTION PASSED UNANIMOUSLY. Kenai City Council Meeting Minutes December 2, 1998 Page 3of10 C-4, Ordinance No. 1806-98 Appropriating $900,000 in the Well House No. 4 Capital Project Fund. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1806-98. Councilwoman Swarner SECONDED the motion. No public comment. No discussion. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Bookey: Yes Swarner: Yes Moore: Yes Williams: Absent MOTION PASSED UNANIMOUSLY. C-5. Resolution No. 9 8-83- -Transferring $4,000 in the Airport Land System Special Revenue Fund and the Airport Terminal Enterprise Fund. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-83. Councilman Bookey SECONDED the motion. No public comment. Councilman Bannock asked the City Attorney how much had been requested. Attorney Graves answered $14,000 plus costs and attorney fees, which he said would be upwards of $16,000 to $17,000. Graves stated the settlement is for about $.25 on the dollar. No objection to UNANIMOUS CONSENT. MOTION PASSED, C-6, Resolution No. 98-84--Declaring the Seagraves Class A 1250 gpm Pumper Engine Surplus and Donating it to the Kenai Peninsula Fire Chiefs Association. MOTION: Councilman SMALLEY MOVED for adoption of Resolution No. 98-84. Councilwoman Swarner SECONDED the motion. No public comment. Councilman Bookey asked administration if they had asked any of other Borough communities if they could use this vehicle. City Manager Ross asked Chief Elson if other agencies or municipalities around the state were notified about this vehicle. Elson answered it was not because he didn't feel it was in a condition that warranted more of that kind of use. He said he considered the vehicle unsafe out on the highways. Bookey stated he thought this vehicle was surplused because of maintenance and not because of safety. Elson said that is a "dual issue." Bookey said this vehicle was used as a "first Kenai City Council Meeting Minutes December 2, 1998 Page 4 of 10 responder" by the City of Kenai on a daily basis, and he said he could see the unit being sent to a place like Hope and be used once a month or less often to possibly save someone's life. He stated he would like to see an effort made to do that before giving the vehicle to the Fire Chiefs Association. Bookey said he probably won't have a problem voting for this resolution after that effort has been made. City Manager Ross said to Elson that this vehicle had been a first responder for the City of Kenai, and the safety issue was more one of reliability than of safety of operation. Elson said that is true, but he said there were problems also with the air system and the electrical system that had been failing over the years. Ross asked Elson if it would be possible to let other communities know that the vehicle might be available and that it has some mechanical problems. Elson said yes, that can be done. He said the mechanical problems have to be weighed against the possible uses someone might get out of it. He stated that vehicles that have previously been surplused out end up being "moth balled" somewhere outside. He said he thought better value could be gotten from the vehicle by letting the Fire Chiefs Association use it for training. He also said that no one at the last Peninsula Chiefs meeting said anything about needing the vehicle in their communities. Bookey said he would still like to see this motion tabled and see Administration make an attempt at finding a community that can use the vehicle. He said the City of Kenai used this vehicle as a first responder up until 30 days ago so there's "got to be a life-saving situation" in some other small community and that that would be more beneficial than using the vehicle for training. MOTION. Councilman Bookey MOVED to table Resolution 98-84 for 90 days. Councilman Moore SECONDED the motion. By a show of hands, the vote was 4 to 2. MOTION PASSED. Councilman Moore said he wanted to share Elson's concern that the vehicle not be sent somewhere and not be used at all. Councilwoman Swarner agreed and asked how the vehicle was purchased in 1971. No one knew. C-?. Resolution No. 9 8-85 --Declaring the Advanced Life Support Equipment (Physio-Control LifePak 5) Surplus and Donating it to the Community of Hope -Sunrise. MOTION: Councilman Bookey MOVED for approval of Resolution No. 98-85. Councilwoman Swarner SECONDED the motion. No public comment. No discussion. No objection to UNANIMOUS CONSENT. Kenai City Council Meeting Minutes December 2, 1998 Page 5 of 10 MOTION PASSED. C-8, Resolution No. 9 8-87- -Transferring $21,000 in the Kenai ARFF Capital Project Fund for the Payment of Interest on Retainage. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-87. Councilman Smalley SECONDED the motion. No public comment. No discussion. No objection toUNANIMOUS CONSENT. MOTION PASSED. C-9. 1999-2000 Liquor License Renewals - a. K-Mart #3623 - Package Store b. Eadie's Frontier Liquor - Package Store Approved by Consent Agenda. C-10, Liquor License Transfer - Casino Bar. Approved by Consent Agenda. ITEM D: COMMISSION/ COMMITTEE REPORTS D-1. Council on Aging No report. D-2. Airport Commission Councilman Measles reported the minutes from the last meeting are in the packet. The next meeting is on December 10, 1998. D-3, Harbor Commission Councilman Bookey reported the next meeting is on Monday, December 7, 1998. D-4, Library Commission Councilman Moore reported the Library Commission met last evening. There was a report from the Director on the status of the renovations taking place in the Library. He said the carpet looks "great" and things are going back into place. He said they also had a report from the Library Improvement Committee. The Library Commission's new student representative, Linda Haring, was present and participated in the meeting. The Library Kenai City Council Meeting Minutes December 2, 1998 Page 6 of 10 Commission approved a "patron survey" they would like to do to address the services the library offers and how the public perceives them. He announced that the Library's annual open house will be held on Sunday, December 13 from 12:00 noon to 4:00 p.m. D-5. Parks & Recreation Commission Councilman Bannock reported next meeting is tomorrow night. D-6. Planning & Zoning Commission Councilman Smalley reported he did not attend the last meeting because he was out of state. City Manager Ross stated P&Z would not have a quorum for the next meeting on December 9. He asked if Council wanted to advertise the meeting as canceled. Councilman Measles asked Council if anyone had a problem with advertising the meeting as canceled. No comment. D-?. Miscellaneous Commissions and Committees a. Beautification Committee - Councilwoman Swarner had no report but stated that a new member is needed because the Chairperson is resigning. She also warned Council they will be looking at an increased budget item because the Chairperson has donated a lot of her time. Swarner also asked Bob Frates why so many of the Christmas lights are out. He stated that the wiring on the lights is old and is deteriorating. He said they will need to be re -wired next year. Also, he said there are bad transformers that will be repaired in the next couple of days. b. Historic District Board - Councilman Moore said the minutes are in the packet, and the next meeting is scheduled for the third Monday in January. C. Kenai Visitors and Convention Bureau Board - Councilman Bookey said that he did not attend the November 10 meeting because he was at AML. d. Alaska Municipal League - No report. ITEM E! MTNTTTP..,q None. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS Kenai City Council Meeting Minutes December 2, 1998 Page 7 of 10 None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman BookeySECONDED the motion. There were no obj ections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders over $2,500 and Councilman Bookey SECONDED the motion. Councilman Moore asked if we were replacing a light that we just installed. Kornelis said � that a light is being replaced on Mission that was just put up. A vehicle hit it and knocked it over. He said the person who hit the pole did report it, and their insurance company may pay for part of it. Kornelis also said he ordered an extra pole on this purchase order. There were no objections to the motion. SO ORDERED. H-3., Ordinance No. 1669-95 - Amending KMC 8.05.010 to Adopt the Latest Editions of the National Fire Codes and the Uniform Fire Code. Approved by consent agenda. ITEM I: ADMINISTRATION REPORTS I-1. Mayor No report. I-2. City Manager No report. I-3. Attorney No report. � I-4. City Clerk Kenai City Council Meeting Minutes i December 2, 1998 Page 8 of 10 No report. I-5. Finance Director No report. I-6. Public Works Director No report. I-7. Airport Manager Atha reported on the recent "listening session" held by ERA for the public. He said a couple dozen people attended, including five from Homer. Atha said the article in the Clarion explained what happened but he said they left out something. Atha stated that after deregulation the airline industry "really is in a free enterprise environment." He said the airlines can set rates and charges, and they can add and delete market places as well as individual flights at their choosing. Atha said, "This is a glaring example of why competition is so important." Atha pointed out that there are limited resources here for airlines. But, he said, they are in the business of making money. He stated that he believes the City needs to remain sensitive to that. He said he thinks they are a really good airline, and they listened to people at the meeting and responded to them. They just aren't going to give their services away, he said, because they have to make money at their Kenai location. Atha said he feels the City needs to maintain a good relationship with ERA and keep communications open. ITEM J: DISCUSSION J-1. Citizens Bob Peters of Kenai spoke. He stated that his concern is for the youth of Kenai. He said he was pleased at the interaction of the high school students attending the last Council meeting during Student Government Day. Until recently, Peters said, he was under the impression that all of the City Commissions had a student representative. But he has learned that only two of them do and that only one of those Commission allows the student to vote. Peters stated he had talked with the City Attorney, and was told the City Code doesn't address this issue. Peters said he believes it's important to involve the students in the City and that they should be allowed to vote. He asked what Council's feelings were on the subject. Kenai City Council Meeting Minutes December 2, 1998 Page 9 of 10 Moore asked if the students' ages would matter do they have to be 18 to vote on the Commissions? Attorney Graves said the only requirement in the code is that they be residents of the City of Kenai; there is no age requirement in the code nor in Title 29. Bookey asked why one commission allows voting and another doesn't. Measles said the one that allows it is the Parks & Rec Commission, and that started because the issues are often youth related. Swarner stated we should be consistent with the voting on the commissions either all or none. Measles said voting would be a problem on the P&Z Commission. Graves agreed, stating that P&Z has actual "statutory authority." Swarner said if the student representative can't vote on the P&Z Commission then none of the student representatives should be allowed to vote. Peters stated that maybe the Mayor could just not appoint a student member to the P&Z Commission. He also said that, whether the students vote or not, the Council always has the final say. He said he feels that if we invite them to participate in the Commissions then we ought to also let them vote. Swarner stated the School Board's student representative does not vote —just an advisory vote. Peters stated that is correct, but Council doesn't have to do things the way the school board does. He said he thinks not voting may make the students feel "second class." Smalley said he thinks the City should be consistent with the two student members now on commissions and allow them to vote. He suggested the other commissions should give Council feedback about whether they want a student representative. Measles agreed. He said a decision could not be made tonight. Peters stated that his understanding is that any citizen of any age is welcome to fill out an application to be on a commission. He said the mayor has the authority to nominate anyone. "So it is possible," he said, "that a student who was interested in government and interested in serving their community could fill out an application, turn it in to the City Clerk, and the Mayor would consider him no matter what their age." If that student was chosen, he asked, wouldn't that student be a "commissioner" not a "student commissioner?" Measles answered that is correct. However, he said, the Council always looks for the best, most qualified individual to be found; and normally students don't have the experience or qualifications the Council is looking for. J-2. Council Bookey - Stated the new carpet looks very nice. Swarner - Said she also likes the carpet. Kenai City Council Meeting Minutes December 2, 1998 Page 10 of 10 Moore —He said he wanted to comment on a recent newspaper article about citizens being asked by the City to remove stakes set out near curbs because they might be hit by the snowplows. Moore stated that in his neighborhood people set the stakes out as a measure to keep the snowplows from digging up their lawns because last year the torn up lawns were not re -seeded by the City. Moore asked Airport Manager Atha what reasons another air carrier gave for not coming into the Kenai Airport. Atha answered that they were going to lease aircraft but the lease did not go through so they didn't have the aircraft to begin service. Moore also asked Atha what he meant by Kenai not having another "hub." Atha said Anchorage is our hub from which we can get to any other place in the world. Some communities have other hubs, but we do not. Measles - No report. Bannock - He asked Atha if anything further had happened with the Payless Car Rental issue and the Kenai Airport issue. Atha said he has talked to them several times and told them we need a written request. They are apparently just busy right now but are planning to get it in. Smalley - The carpet in City Hall looks great, as does the carpet in the Library, he e said. ITEM K: ADJOURNMENT The meeting adjourned at approximately 7:42 p.m. Minutes transcribed an submitted Sheryl A dilla, Acting City Clerk t,;'J l02 ru DATE