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Home My WebLink About2006-01-18 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 18, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn,xyww.ci.kc;n d.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 Pat Porter -- Presentation of Legislative Citation to Kenai Firefighters Association. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. a. Substitute Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. (Clerk's Note: A motion to amend the second whereas was made and seconded and is on the table (made prior to the approval of a motion to postpone the ordinance to the January 18, 2006 meeting. To substitute, a motion to substitute (with a second) is required. ) 2. Ordinance No. 2138-2006 -- Increasing Estimated Revenues and Appropriations by $33,025 in the General Fund for an Increase in the Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys & Girls Club of the Kenai Peninsula. 3. Resolution No. 2005-55 -- Approving the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan. a. Substitute Resolution No. 2005-55 -- Approving the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan. (Clerk's Note: A motion to approve Resolution No. 2005-55 is on the table (made prior to the resolution's postponement to January 18, 2006.) To substitute, a motion to substitute (with a second) is required. 4. Resolution No. 2006-01 -- Supporting Participation in the International City/County Management Association (ICMA) City/Links Program. 5. Resolution No. 2006-02 -- Authorizing the Amendment of the City of Kenai, Alaska and Public Employees' Retirement System (PERS) Participation Agreement to Exclude All Elected Officials, Effective January 18, 2006. ITEM F: MINUTES 1. *Regular Meeting of January 4, 2006, ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. Approval -- Tidelands Lease Applications/Ted J. Crookston -- City of Kenai Shore Fishery No. 2. ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: City Manager Attorney City Clerk Citizens (five minutes) Council -- Discuss personal characteristics of city manager candidates. ITEM M: KENAI CITY COUNCIL - REGULAR MEETING JANUARY 18, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httD://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter 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 Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Robert Moll Mike Boyle Pat Porter, Mayor Joe Moore, Vice Mayor Linda Swarner Cliff Massie Rick Ross A quorum was present. Also Present: Les Krusen, Student Representative A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD AS: H-4, Discussion -- City Manager Hire ADD TO: J-5, Parks & Recreation Commission Report -- Application of Jim Beeson to be considered for appointment to the Parks & Recreation Commission. ADD TO: J-6, Planning & Zoning Commission Report -- Application of Scott Romain to be considered for appointment to the Planning &, Zoning Commission. ADD AS: Information Item No. 7 -- December, 2005 Kenai Municipal Airport Enplanement Report. MOTION: KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 2 Council Member Moore MOVED for approval of the agenda as amended and Council Member Massie SECONDED the motion. OcelleceWiiKi7rTii Council Member Boyle MOVED to amend the agenda removing Item E-5, Resolution No. 2006-02. Council Member Swarner SECONDED the motion. Council Member Boyle explained he believed council was lacking information on which to base a good decision and suggested it would be more appropriate to bring the matter before council during budget work sessions with the discussion of PERS. VOTE ON AMENDMENT: *Student Representative Krusen: Yes Mollo Yes Boyle Yes Porter Yes Moore j Yes Swarner Yes (Massie j Yes � Ross Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Krusen: Yes Molloy Yes 1 Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. A-4. CONSENT AGENDA Council Member Molloy MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS Mayor Pat Porter -- Presentation of Legislative Citation to Kenai Firefighters Association. KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 3 Mayor Porter read a State of Alaska Legislative citation commemorating the naming of Mt. Florian in remembrance of firefighters lost during the September 11, 2001 attack and presented it to John Harris and Sam Satathite, who were the first to summit Mt. Florian. ITEM C: UNSCHEDULED PUBLIC COMMENTS Mya Renken, Kenai Convention & Visitors Bureau -- Renken gave a report on upcoming events at the Visitors Center. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. (Clerk's Note: A motion to amend the second whereas was made and seconded and is on the table (made prior to the approval of a motion to postpone the ordinance to the January 18, 2006 meeting. To substitute, a motion to substitute (with a second) is required. ] Council Member Moore requested to withdraw his motion to amend and Council Member Swarner, who seconded the motion, concurred. Acting City Manager Kopp reported, earlier in the day, a copy of the substitute ordinance had been forwarded to Brad Mykeljohn (The Conservation Fund) to review; a response had not been received prior to the meeting; the paperwork for the transfer of property for the boat launch road was at the recorder's office; and, because the ordinance refers to simultaneous transfers he suggested action on the ordinance be tabled until response from the Fund is received. E-1a. Substitute Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. MOTION: Council Member Moore MOVED to Substitute Ordinance No. 2136-2005 and Council Member Ross SECONDED the motion. KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 4 Kopp explained, the wording on which administration was awaiting a response was that in the next -to -the -last whereas in which it stated "...the transfer to The Conservation Fund is contingent on the pending land exchange between the City and The Conservation Fund of the city boat launch property..." Discussion followed regarding the closing on the boat launch property and passing the substitute ordinance; whether to go forward without the Fund's comments; recalling the discussion with Mykeljohn was that one exchange depended on the other; and, an option would be to postpone action on the ordinance until the next council meeting as there was no time constraint for passage of the ordinance. MOTION TO POSTPONE: Council Member Ross MOVED to postpone to the next meeting and Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Krusen: Yes Molloy Yes Boyle Yes_ Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2138-2006 -- Increasing Estimated Revenues and Appropriations by $33,025 in the General Fund for an Increase in the Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys & Girls Club of the Kenai Peninsula. MOTION: Council Member Molloy MOVED to adopt Ordinance No. 2138-2006 and Council Member Massie SECONDED the motion. Brenda Pilgrim-Ahlberg, Boys & Girls Club -- Reported the grant funds would be used for the purchase of computer equipment and fund the technical director for the after -school program. It was asked and noted, the city would not charge fees for administering the grant. It was suggested council discuss charging fees for administering grants during budget work sessions. VOTE: KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 5 *Student Representative Krusen: Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner ;Yes Massie Yes RossI Yes MOTION PASSED UNANIMOUSLY. E-3. Resolution No. 2005-55 -- Approving the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan. E-3a. Substitute Resolution No. 2005-55 -- Approving the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan. (Clerk's Note: A motion to approve Resolution No. 2005-55 is on the table (made prior to the resolution's postponement to January 18, 2006.) To substitute, a motion to substitute (with a second) is required. J MOTION: Council Member Ross MOVED for approval of Substitute Resolution No. 2005-55 and Council Member Swarner SECONDED the motion. The public hearing was opened. Rick Baldwin, 3080 Kim-N-Ang Court, Kenai/President, KEDS Action Team -- Baldwin stated he reviewed the Plan and Report and because there was so much information relating to the infrastructure of the city, he felt KEDS should review and comment on the Plan. Baldwin noted he supported the substitute resolution. Ross noted, when reviewing the Plan, he found those items with which he was concerned would require an ordinance to establish the process, approval could not be given to recommendations that affect ordinances, and, the substitute was written for council consideration. Ross requested administration to be sure to request comments from property owners, realtors, etc. on any proposed ordinances affecting airport properties. MOTION TO AMEND: Council Member Moore MOVED to add at the end of the 'now, therefore' paragraph, "...and direct Administration to follow the date -sensitive Implementation Plan." - Council Member Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 6 VOTE: There were no objections. SO ORDERED. Ross noted, he would like administration to be very sensitive to present lessees, property owners, in the Airport Reserve area, realtors, appraisers, and provide them with copies of draft ordinances for review and comment, i.e. how the ordinance(s) might fit/affect the Kenai economy, etc. VOTE ON MAIN AMENDED MOTION: *Student Representative Krusen: Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2006-01 -- Supporting Participation in the International City/County Management Association (ICMA) City/Links Program. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2006-01 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public comments. It was noted, the program is set up primarily for members of city government and city administration to participate in the exchange. The proposed dates for the trip are March 15-25. VOTE: There were no objections. SO ORDERED. E-5. Resolution No. 2006-02 -- Authorizing the Amendment of the City of Kenai, Alaska and Public Employees' Retirement System (PERS) Participation Agreement to Exclude All Elected Officials, Effective January 18, 2006. Removed from the agenda. ITEM F: MINUTES KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 7 F-1. Regular Meeting of January 4, 2006 -- Approved by consent agenda. ITEM G: OLD BUSINESS -- None. ITEM H: NEW BUSINESS 11-1. Bills to be Ratified MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. H-3. Approval -- Tidelands Lease Applications/Ted J. Crookston -- City of Kenai Shore Fishery No. 2. Ted Crookston, 42321 North Cook Inlet Drive, Kenai -- Crookston introduced himself as the applicant for the subject Shore Fishery Lease and gave a brief background of his fishing experience and use of set net leases. Referring to the memorandum included in the packet related to shore fishery lease fees submitted by Acting City Manager Kopp, Crookston explained he submitted a lease application for a ten-year lease at $300/year (as allowed by code), the lease application had been reviewed and recommended for approval by both the Harbor and Planning & Zoning Commissions and the city was now suggesting changing the term of the lease from ten years to two. Crookston noted issues he had with the information included in the memorandum and indicated, changing the lease from ten years to two would not be acceptable to him as his determination of the length of the lease was based on the investment he would be making with purchase of equipment, nets, skiffs, etc. and the fishery forecasts. Kopp explained the intent of the memorandum was to note shore fishery leases have value separate from the permits; when sold, other equipment goes with the sale; and, the $100 State fee is an administrative fee. It was also noted, because there would be six other leases up for renewal in 2006, setting this lease term to two years would KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 8 allow time to research the best use of the public resource and discuss the lease terms during budget work sessions. Ross expressed concern it would be inappropriate to change the lease term for the Crookston lease at this point because the code had been followed in the process which allows for a ten-year lease. MOTION: Council Member Swarner MOVED to approve the tidelands lease application for City of Kenai Shore Fishery No. 2 to Ted J. Crookston for a term of ten years at $300 every year as stated in the memorandum (included in the packet). Council Member Moore SECONDED the motion. VOTE: *Student Representative Krusen: Yes Mollo Yes Bo le No Porter Yes Moore Yes Swarner Yes Massie _ Yes Ross Yes MOTION PASSED. H-4. Discussion -- City Manager Hire MOTION: Council Member Molloy MOVED to postpone H-4 until after the executive session. Council Member Moore SECONDED the motion. VOTE: Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Ij� MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:10 P.M. BACK TO ORDER: 8:22 P.M. ITEM I: L1L1 v I loll l Vv v 1 v �1L 11a l u I I JANUARY 18, 2006 PAGE 9 I-1. Council on Aging -- Council Member Boyle reported the meeting summary was included in the packet. I-2. Airport Commission -- Henry Knackstedt, Airport Commission Chair gave a brief report on actions and discussions taken at the January 12 meeting, including the Peninsula Air Fair, the Airport Supplemental Plan, Airport budget, etc. I-3. Harbor Commission -- Council Member Massie reported on actions and discussions that took place at the January 9 meeting, including election of officers, shore fishery lease, dip net report recommendations, etc. I-4. Library Commission -- No report. I-5. Parks & Recreation Commission -- Council Member Moore reported on actions and discussions taken at the January 5 meeting, including election of officers, Bernie Huss Trail improvements, potential improvements for Municipal Park, etc. Administration was requested to present the plan for improvements to Municipal Park to council for review. There were no objections from council. Council had no objections to the appointment of Jim Beeson to the Parks & Recreation Commission. I-6. Planning & Zoning Commission -- Council Member Ross reported on actions taken at the January 11 meeting, including the denial of a Conditional Use Permit for a guide service and the postponement of action on the rezoning of property along the Spur Highway to Limited Commercial. The applications of Bekki Jackson, Scott Remain and Merry Zumwalt were reviewed for possible appointment to the Commission. Jackson and Remain were appointed. There were no objections from council, however Swarner suggested Zumwalt, because of her experience, be appointed when the next vacancy becomes available. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- No report. I-7b. Alaska Municipal League Report -- Swarner noted the Alaska Conference of Mayors and AML Board would be meeting during the next week in Juneau. I-7c. Arctic Winter Games -- Parks & Recreation Director Frates gave a brief update of the planning for the Games. KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 10 I-7d. Stranded Gas Committee -- Ross reported there had been no meeting related to Stranded Gas, however the Agrium Gas Task Force would be meeting again in February. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported: • She would be attending a Peninsula Mayor's meeting on January 24. • She will be holding a "Coffee with the Mayor" on February 9 at City Hall. • She attended a fundraiser for the Arctic Winter Games in Anchorage. • She will be attending a meeting with Native groups from the area. • Asked council if they would like to consider an ordinance to change the meeting times of council to 6:30 p.m. There were no objections from council. ITEM K: K-1. City Manager -- Acting City Manager Kopp reported the following: • Two proposals had been received related to branding. • Monthly administration reports were included in the packet. Council comments included: • Moore requested the need for street lights along the highway in the Section 36 area be forwarded to area legislators. • Molloy stated he would prefer the city have an independent contractor do the replacement of fill on the bluff property and the city be reimbursed for the cost. Kopp gave a brief report related to the bluff work, i.e. replacement of topsoil and hydro -seeding the area and an engineering solution was being requested to replace the soil around the drain area. K-2. Attorney -- Attorney Graves reported ordinances would be included on the next agenda for introduction, i.e. excused absences of commission/committee members; Board of Adjustment appeal process; water/sewer issues; and change council meeting time. Ross suggested the meeting time ordinance include allowance of changing the meeting time by resolution. Graves also reported administration is working on an ordinance related to exterior maintenance of unoccupied buildings, i.e. comparing it with the International Building Code, etc. and considering the development of an Administrative Summary for inclusion on the city's webpage. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens -- KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 11 James N. Butler, III -- Commented on the following: The earlier shore fishery lease discussion and encouraged the city to keep the tenants in the loop and not just to focus on the lease issue, but also access to the beach. L-2. Council -- Moore -- No comments. Swarner -- Thanked the Police and Fire Departments for their assistance with one of her co-workers. Massie -- No comments. Krusen -- No comments. Ross -- No comments. Molloy -- Thanked Senior Center Director Craig and Administrative Assistant Remain related to processing the new Medicare Part D regulations for seniors. Boyle -- No comments. -- Discuss personal characteristics of city manager candidates. MOTION: Council Member Moore MOVED to convene in an executive session of the council of the City of Kenai to discuss personal characteristics of the city manager candidates. Moore requested Acting City Manager Kopp to attend. Council Member Swarner SECONDED the motion. VOTE: Molloy Yes i Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: 9:00 P.M. BACK TO ORDER: 10:45 P.M. Council Member Moore reported council met in executive session to discuss the city manager applicants and selected Mr. Rick Koch as their choice as the city manager and authorized the city attorney to begin negotiating a contract with Mr. Koch. IMOV[iN KENAI CITY COUNCIL MEETING JANUARY 18, 2006 PAGE 12 Council Member Moore MOVED as stated above and Council Member Boyle SECONDED the motion. Molloy y Yes Boyle 7 Yes Porter Yes Moore I Yes I Swarner . Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM M: There being no further business before the Council, the meeting adjourned at approximately 10:46 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. A"ROV9D RY COUNCIL