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HomeMy WebLinkAbout1993-04-07 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING APRIL 7, 1993 7100 P.M. KENAI CITY COUNCIL CHAMBERS 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. Be SCHEDULED PUBLIC COMMENT (10 Minutes) 0 C. PUBLIC HEARINGS • 1. Ordinance No. 1532-93 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building. 2. Resolution No. 93-16 - Proclaiming 1993 as the "Year of Beautification" in the City of Kenai. 3. Resolution No. 93-17 - Authorizing the Execution of the Fisheries Business Tax Allocation and Disbursement Agreement. 4. Resolution No. 93-18 - Supporting HJR1 and SJR6 Which Authorize the Use of the Initiative to Amend the Constitution of the State of Alaska by Approval of Two - Thirds of the Votes Cast on the Proposed Amendment. 5. Resolution No. 93-19 - Supporting HJR7 and SJR8 which Authorize the Use of the Initiative to Amend the Constitution of the State of Alaska (by a Majority of Votes Cast) and Amending the Requirements Relating to Applications for Initiatives and Referenda. -1- r� �J 6. Resolution No, 93-20 - Supporting HB125/SB89 and HB124/CSSB88 Making Appropriations Available for Capital Project Matching Grant Programs and Establishing a Local Share Requirement for Capital Project Grants to Municipalities, Named Recipients, and Unincorporated Communities. 7. Resolution No, 93-21 Supporting SSHB157/SSSB116 and SSHB156/SSSB115 to Establish the Educational Facilities Maintenance and Construction Fund and Make Special Appropriations to that Fund. S. Resolution No. 93-22 - Supporting HJR19 and CSSJR18 to Establish a Transportation Fund, 9. Resolution No. 93-23 - Awarding the 1993 Lease of the Kenai Public Dock Station No. 3, Dock Area, Parking Area, Office, and One Crane to Fishhawk Fisheries for $12,000 or $.04/lb, Whichever is Greater. 10. Resolution No. 93-24 - Transferring $1,870 in the Airport Land System Fund for Advertising, 11. 1993 Liquor License Renewal Application - Pizza Hut #9 - Restaurant/Eating Place. • it , •'YZK-0775TTUTI• i 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 B • MINO28,6 1. *Regular Meeting of March 17, 1993. G. OLD By- A=NF 8 Be Nn-a-ValN�88 I. Bills to be Paid, Bills to be Ratified -2- • • Jw K• 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1533-93 - Increasing Estimated Revenues and Appropriations by $2,453 in the Senior Citizens - Borough Special Revenue Fund. 4. *Ordinance No. 1534-93 - Increasing Estimated Revenues and Appropriations by $64,000 in the Water and Sewer Special Revenue Fund for a Solid Waste Leachate Evaluation. 5. Disoussion - Assessment Petition - Bumblebee Avenue & 29th Avenue. 6. Approval - Easement Reservation Request - Lot 20, Block 3, Beluga Subdivision - Steve C. Gilles. 7. Approval - Assignment of Lease - Counter Space #16, Airport Terminal - From Johnny Jackson & Artha L. Koerber d/b/a Payless Car Rental to Michael R. Routt & Roxanne R. Routt d/b/a Payless Car Rental. 8. Approval - Assignment of Lease - Counter Space Airport Terminal - From Cheryl Jackson d/b/a Budget/Sears Rent -a -Car to Garrison Corporation Budget Rent -a -Car, Johnny Jackson, Ed Wehrstein Artha L. (Bonnie) Koerber, Individually. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council -3- #20, d/b/a and E • RENAI CITY COUNCIL REGULAR MEETING APRIL 7, 1993 7300 P.M. KENAI CITY COUNCIL CAANDER8 MAYOR JOHN J. NILLIAMB, PRESIDING Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building, Mayor Williams led those assembled in the Pledge of Allegiance. A-2. MOLL CALL Roll was taken by the City Clerk. Present were: Swarner, Measles, Smalley and Williams. Absent were.Monfor and McComsey. A-S. Bookey, Mayor Williams requested the following changes to the agenda: ADD: G-1, Disaussion - Right -of -Way Acquisition - Overland Avenue, U.S. Survey 1435 (Fish & Wildlife Buildings). Williams asked Council if there were any items they would like to remove from the agenda. NOTION: Councilwoman Swarner MOVED to remove Items C-4, C-5, and C-8 (Resolutions No. 93-18, 93-19, and 93-22). Smalley SECONDED the motion. There were no objections. SO ORDERED. MOTION: Councilman Smalley MovED for approval of the regular agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. so ORDERED. A-6. There were no changes. ��Z- _[_.: � 1� ., � _ i ♦ .1. THY .. 1� KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1993 PAGE 2 C. PUHLIC MEARINN C-1. Ordinance No. 2532-93 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building'. MOTIONS Councilman Measles MOVED for adoption of Ordinance No. 1532-93 and Councilman Smalley SECONDED the: motion. There were no public or council comments. VOTE: Bookey: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes NOTION PASSED UNANIIMOUBLY. C-2. Resolution No. 93-16 - Proclaiming 1993 as the "Year of Beautification" in the City of Kenai. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 93-16 and requested VNANIMOU8 CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections to the request for unanimous consent. 80 ORDERED. C-3. Resolution No. 93-17.- Authorizing the Execution of the Fisheries Business Tax Allocation and Disbursement Agreement. MOTION: ' Councilwoman Swarner MOVED for adoption of Resolution No. 93-17 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. • KBNAI CITY COUNCIL MEETING MINUTES APRIL 71 1993 PAGE 3 There were no public comments. Williams asked for a clarification of the agreement. Williams asked Attorney Graves what Kenai will be paying the attorney and give up by signing the agreement. Graves stated if Kenai elects to accept the $147,379,12, Kenai will give up the right ncludedsue in the agreement is tax revenue. The only community not i Valdez. Valdez is waiving their righttomonies disiessed in this agreement before it is signed by other Graves added that 15 municipalities iwant aill be communityntogthe come and sue agreement. The State does not after the money is paid out from the settlement. After part payment on this agreement, the State will be c settlement. Graves stated that a few months ago, aiation discussed this matter with council and statedthat afterattorneyfeesare paid, the City's share will be approximately $100,000. The attorneys are taking one-third of the amount. The reason the communities entered together was because they did not have the personnel to enter individually. Graves Gravesif he thought answered the other unnamed parties might enter th attorney believes everything icovered. theGraves Generaladded Fund and the received from the settlement goes attorneys will be paid the prorated portion owed. VOTE: There were no objections to the request for UNANIHOUB CONSENT. BO ORDERED. C-40 Resolution No. 93-18 - Supporting HJR1 and SJR6 Which Authorize the Use of the Initiative to Amend the eof Constitution of the State of Alaska by Approval Two - Thirds of the Votes Cast on the Proposed Amendment. Removed from the Agenda. C-g. Resolution No. 93-19 - Supporting HJR7 and SJR8 which Authorize the Use of the Initiative to Amend the Constitution of the Sinteof (by a Majority of hReaska Votes Cast) and Amending the irements Relating to Applications for initiatives and Referenda. • Removed from the agenda. 7, OA 10 KENAI CITY COUNCIL MEETING MINUTES APRIL 71 1993 PAGE 4 C-6. Resolution No. 93-20 - Supporting HB125/SB89 and HB124/CSSB88 Making Appropriations Available for Capital Project Matching Grant Programs and Establishing a Local Share Requirement for Capital Project Grants to Municipalities, Named Recipients, and Unincorporated Communities. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 93-20 and Councilwoman Swarner BECONDED the motion. There were no comments from the public. Williams stated he changed the local share to 50% to populated municipalities of 5,000 to 10,000 and 30% for municipalities with population of 5,000-9,999. Williams stated he wanted to put Kenai into the 50% category. Williams added that more work will be done on the bill by the legislature and Kenai will probably come out in the 30% • category. Measles asked Graves and Brown if there were any other things in the bill that might create problems. Brown stated he was not familiar with the bill. William stated he was not sure if the bill would pass this session or the next. The Governor is supporting the bill and would like it to be in place and working by the second half of the session. Williams stated that if council would like more information, he would bring it back for the April 21 meeting. Smalley stated he did not believe it would make any difference if they waited until the next meeting. Williams stated he envisioned using this for funding for the proposed hockey rink. Williams added the Governor will support funding the hockey rink during the next session. Williams stated if council supports the bill, it would be good to have a firm plan before the legislature convenes next session. Swarner stated she did not have a problem with voting on the matter now. Swarner added she does not like the money going to the small unincorporated areas. Measles asked what they define the "named recipient" as. Williams stated non-profit organizations like Boy's & Girl's Club, Little League, Forget -Me - Not Care Center, etc. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1993 PAGE 5 VOTES Bookey: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes MOTION DABBED UNANIMOUSLY. C-7. Resolution No. 93-21 - Supporting SSHB157/SSSB116 and SSHB156/SSSB115 to Establish the Educational Facilities Maintenance and Construction Fund and Make Special Appropriations to that Fund. Williams stated he is concerned that all the money will be put in one fund. Williams stated he suggested in a letter to the Governor that half of the money be placed in the Permanent Fund and half in the school construction. Swarner stated she would support the bill if there were schools from this area on the list. Discussion followed. Swarner asked to move on to the next item. No action was taken. C-6. Resolution No. 93-22 - Supporting HJR19 and CSSJRI8 to Establish a Transportation Fund. Removed from the agenda. C-9. Resolution No. 93-23 - Awarding the 1993 Lease of the Kenai Public Dock Station No. 3, Dock Area, Parking Area, Office, and One Crane to Fishhawk Fisheries for $12,000 or $.04/lb, Whichever is Greater. MOTIONS Councilwoman Swarner MOVED for adoption of Resolution No. 93-23 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no public or council comments. VOT88 There were no objections to UNANIMOUS CONSENT. 00 ORDERED. • • KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1993 PAGE 6 C-10. Resolution No. 93-24 - Transferring $1,870 in the Airport Land System Fund for Advertising. NOTION: Councilman Smalley MOVED for approval of Resolution No. 93-24 and Councilman Bookey SECONDED the motion. There were no public comments. Swarner asked about monies spent last year for advertisement. Ernst stated that was in 1990. Ernst added this time the total cost of the proposal is $5,000. Ernst added in 1990, costs included the producing of the brochures, the mail out, extensive advertising in magazines, etc. Swarner asked how much money was received through that exposure. Ernst stated not much. Smalley stated if advertising is not done, it limits the possibilities. Williams stated the budget from which the transfer is being made has a lot of money in it. Swarner stated it is the principle. Ernst stated the automated fuel system will be an added feature for this year. The advertisement will mention it. VOTE: Bookey: Yes Measles: Yes Williams: Yes NOTION PASSED. Swarner: No Monfor: Absent McComsey: Absent Smalley: Yes 1993 Liquor License Renewal Application - Pizza Hut #9 - Restaurant/Eating Place. Clerk Freas stated filings and payments are missing. The Borough has talked with Pizza Hut about what is missing. Freas added that the city's 30-day period is up on April 9 and suggested a motion stating that if payments and filings are brought current by April 9, a letter of non -objection be sent. if the items have not been brought current by that time, a letter of protest be sent. • KENAI CITY COUNCIL MEETING MINUTES APRIL 71 1993 PAGE 7 MOTION: Councilman Smalley MOVED to send a letter of non -objection contingent on coming current on April 9, 1993. Councilman Measles SECONDED the motion. There were no objections. 90 ORDERED. D-i. Council on Aging Swarner reported there has not been a meeting since the last council meeting. Swarner added the Senior Connection bought a new copy machine for the Senior Center. D-2. Airport Commission Measles reported there will be a meeting tomorrow night. Also, the Commission is in need of one member. D-3. Harbor Commission Bookey reported the next meeting will be Monday, April 12. Kornelis was asked if the gate to the dock was open yet. Kornelis stated not permanently for the season, but if someone calls the office and requests it be opened, they open it. D-4. Library Commission Librarian DeForest reported a meeting was held last night. The Commission is working on their goals and objectives and preparing a brochure about the library. D-5. Parks & Recreation Commission Director McGillivray stated the minutes of the last meeting were included in the packet. The next meeting is scheduled for Tuesday, April 13, 1993. Williams stated he received a request from the Beautification Committee to have a representative from Parks & Recreation to attend their meeting on Tuesday. McGillivray stated he attends • most of the Committee's meetings, but will contact other Commission members as well. ICENAI CITY COUNCIL FIBETING MINUTES APRIL 7, 1993 PAGE 8 D-6. Planning & Zoning Comission Smalley reported the minutes and.agendas were included in the packet. Smalley reviewed actions taken by the Commission in regard to a conditional use permit to AAA Taxi; an approved encroachment permit application; and planning items. Smalley reminded Council there are two vacancies on the Commission. Williams referred to applications included in the packet and offered Kevin Walker and Jack Castimore to fill the two vacancies. Williams referred to an application for Robert Woodcox as well. Williams stated he would not offer the fourth application for placement on the Commission. MOTION$ Councilwoman Swarner MOVED to appoint Kevin Walker and Jack Castimore to the vacancies on the Planning & Zoning Commission, Councilman Smalley B$CONDED the motion. Councilman Measles objected. Williams asked if there were objections to the appointment of Kevin Walker. There were none. Clerk Freas is to send the appropriate information. Williams asked if there were objections to the appointment of Jack Castimore. There was an objection. VOTE ON APPOINTMENT OF CASTIMORES Bookey: No Swarner: Yes Monfor: Absent Measles: No McComsey: Absent Smalley: Yes Williams: Yes MOTION FAILED. Williams stated he and Clerk Freas will search for other applicants. D-7. Miscellaneous Commissions and Committees Swarner reported the Beautification Committee would meet on Tuesday at 1:30 p.m. Swarner stated the committee is working toward the placement of roses, lilacs and other perennial flowers throughout the city. • K&NAI CITY COt1NCIL MEETING MINUTEfi APRIL 7, 1993 PAGE 9 Williams reported the Beautification Committee needs Anchorage. transportation to bring the lilacs and roses from ..,AL HI B-1. Regular Meeting of March 17, 1993. Approved by Consent Agenda. None. Q..1. overland - Right -of -Way Acquisition Avenue, U.S. Survey 1435 (Fish & Wildlifgungs). at the Williams referred to a letter distributed a°nnatlthat time. beginning of the meeting and added geda After reviewing the letter, Williams suggested a letter of be sent. to Senators Stevens anofM he°land toki athegKenai Natives protests the transfer Association and also protests the transfer of the properthaty tto any should be reminded the City requested entity other than the City of Nested the property be transferred ark from the Departn►ent of the interior to thetoausenthepbuildingsce in order for the Lake Clark National Park for their office, displays and visitorcenter.en�oeraa Wilwillliams also be blocked in stated the City should tell them that -the total to limit its use and will be checked for building violations occurring and in progress. Williams added that the City should make the appropriate application prior to the loth. Measles stated he agreed with all of Williams' suggestionsexcept that of making the application. Measles suggested theDepartment of Interior could take the.City to court. Smalley stated his of Measles' statement approval . Consensus Williams of council stated he protest the transfer and the applica would write the letter tomorrow. 0 KENAI CITY COUNCIL MEETING MINUTES RIL 7 AP r 1993 PAGE 10 r$ 1 NEW_ HUBINE88 g_10 Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. 00 ORDERED. g_Z. Purchase Orders Euceeding $1.000 ,. Y �•• MOTION: Councilman Smalley MOVED to pay the purchase orders over $1,000 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. g-3. Ordinance No. 1533-93 - Increasing Estimated ditixenRevenues and Appropriations riations by $2,453 in the SeniorBorough Special Revenue Fund. Approved by consent agenda. H-4. Ordinance No. 1534-93 - Increasing Estimated Revenues and Appropriations by $64,0Water Leachate Sewer Special Revenue Fund for a Solid Waste Evaluation. Approved by consent agenda. B-5. Discussion - Assessment Petition - Bumblebee Avenue & 29th Avenue. Williams reported he discussed the ponvinced this would not be an ition with one of the applicants. Williams stated he is c economical project. Williams asked if there lebeeand be a greater H savings if the paving would continue from and along 29th. Discussion followed regarding the property owned ing by Vern Brown. Attorney Graves stated it w as his ActinCt Mr. Brown did not want to do the projehe�understoodiVern Brown is Manager/Finance Director Brown stated not opposed to the assessment district, but has refused to sign the petition. • KENAI CITY COUNCIL APRIL 71 1993 PAGE 11 MEETING MINUTES Jim White - 1601 Toyon - White stated he is a member of the East Kenai Church of Christ who have signed the petition. White stated their septic tank is now buried in the highway right-of- way. Instead of moving the septic tank, they were interested in hooking up to water and sewer. Williams stated as a matter of law, only 25% can be paid by the property owners. This amount can be changed if 100% of the property owners choose to waive it. At this time, it is an extreme cost to service six parcels. The City's portion of the cost would be $131,000 and the property owners $448000. Brown stated the City's cost would be more like $150,000. Williams suggested Administration be directed to find $1 million in projects throughout town and ask for a grant next year to pay for them, along with this particular petitioned area. Williams added he understood Hall had talked about purchasing the Brown rproperty to subdivide and build. The church owns a lot and is not wanting to subdivide it. The church is willing to pay their $12,000. Williams added that it is almost impossible for the church to relocate their septic tank because of where their well is situated. Discussion followed. Williams suggested the church talk with the highway department in regard to payment, as well as discussions with Hall regarding the purchase of the Brown property. H-6. Approval - Easement Reservation Request - Lot 2, Block 3, Beluga Subdivision - Steve C. Gilles. This item had been placed on the March 17, 1993 council meeting agenda. Council chose to send the easement request to Planning & Zoning for their review. Planning & Zoning discussed the item at their March 24, 1993 meeting and had no objections. Planning & Zoning sent the request back to Council. MOT=ONs Councilman Smalley MOVED for approval the easement reservation request for Lot 2, Block 3, Beluga Subdivision/Steve C. Gilles. Councilman Bookey BLCONDED the motion. Smalley stated City Engineer LaShot discussed the item with Planning & Zoning. Smalley stated this was a reservation of land is for utilities done in 1967 to hold as a right-of-way. The easement is no longer needed and Mr. Gilles would like to have it • RENAI CIT1C COUNCIL APRIL 71 1993 PAGE 12 MEETING MINUTES removed in order to clear the property. LaShot stated the City did not have a problem with the request. The easement reservation is upon the whole piece of property, anywhere on the property. Kornelis stated he did not know why the city would need the easement. VOTB t There were no objections to the motion. 80 ORDERED. R-7. Approval - Assignment of Lease - Counter Space #16, Airport Terminal - From Johnny Jackson & Artha L. Koerber d/b/a Payless Car Rental to Michael R. Routt & Roxanne R. Routt d/b/a Payless Car Rental, MOTION3 Councilman Measles MOVED for approval of the assignment of lease for counter space #16 in the Airport terminal from Johnny Jack & Artha L. Koerber d/b/a Payless Car Rental to Michael R. Routt & Roxanne R. Routt d/b/a Payless Car Rental. Councilwoman Swarner BECONDED the motion. There were no council or public comments. Attorney Graves stated Administration had no problems with the request. VOTES There were no objections to the motion. 8o ORDERED, Approval - Assignment of Lease - Counter Space #20, Airport Terminal - From Cheryl Jackson d/b/a Budget/Sears Rent -a -Car to Garrison Corporation d/b/a Budget Rent -a -Car, Johnny Jackson, Ed Wehrstein and Artha L. (Bonnie) Koerber, Individually, MOTION: Councilman Hookey for Counter Space d/b/a Budget/Sears Budget Rent -a -Car, IS (Bonnie) Koerber, the motion. MOVED for approval of the assignment of lease #20, Airport Terminal - From Cheryl Jackson Rent -a -Car to Garrison Corporation d/b/a Johnny Jackson, Ed Wehrstein and Artha L. Individually. Councilwoman Swarner SECONDED Attorney Graves stated there were no problems. 0 • • KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1993 PAGE 13 VOTgt There were no objections to the motion. 80 ORDERED. a, Antique Boats - Williams stated there are two skiffs at Fort Kenay which were a part of the old museum. The people who refurbished the K-boat for display at the Bicentennial Building are wanting to refurbish the skiffs. Williams stated he has requested Attorney Graves to draft an agreement to allow them to tow the skiffs and refurbish them. Swarner asked what the fiscal note would be. Williams stated there would be no cost to the city. MOTION: Councilwoman Swarner MOVED for approval and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. b. Mork Session, April 12, 1993 - Administrative Aide Howard stated that she contacted the six applicants and they are all interested and available. Williams asked council if they wanted to discuss only the city administrator position during the work session or discuss the position and conduct preliminary budget discussions. Council decided to discuss both the administrator position and the budget during the work session. I-2. city Nanager No report. I-3. Attorney No report. I-4. City Clerk Reminded Council of the volunteer reception scheduled for April 29. • • • KENAI CITY COUNCIL MEETING MINUTES APRIL 71 1993 PAGE 14 1-30 Finance Director No report. Public Works Director No report. I-7. Airport Manager No report. Citizens None. J-2. Council eookey - Asked Kornelis if the city parking lots could be swept. Kornelis stated there are problems with the sweeper, but the parts are on the way. BWarner - Asked Kornelis about the junk cars across from Morgan Steel. Smalley stated City Engineer LaShot discussed this.topic at the Planning & Zoning Commission. LaShot explained it is private property and the owner is starting a business. All the necessary permits are in place. Smalley stated it is not a junk yard, but is looking more like a used car yard. They owner is planning to build a concrete base under the existing building. Swarner asked Freas if letters of protest were sent in regard to the 1993 liquor license renewal for Mr. D's. Freas explained a letter of protest was sent. However, it was reported to her that Mr. D's filed for bankruptcy as well. Freas stated the other license renewals in question were brought current and letters of non -objection were sent. Measles - Nothing. emalley - Nothing. Williams - Nothing. . KENAI CITY COUNCIL MEETING MINUTES APRIL 7. 1993 PAGE 15 �� ADJtyiiR�� The meeting adjourned at approximately 8:24 p•m• Minutes transcr ad and submitted by: C & WMW F is C�