HomeMy WebLinkAbout2006-10-17 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 17, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ei.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. CERTIFICATION OF ELECTION
4. Agenda Approval
5. 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. James McConnell, Palladin Group -- Frontier Community Counseling &
Senior Assisted Housing Project Status Report.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
Ordinance No. 2193-2006 -- Amending the Code Violation Fine
Schedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for
Failure to Obtain a Dog License in Violation of KMC 3.20.010.
2. Resolution No. 2006-54 -- Supporting Ongoing Efforts Through
Requests for State, Private, Corporate and Grant Funding, to Preserve
and Restore the Jesse Lee Home in Seward, Alaska.
3. Resolution No. 2006-55 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
4. Resolution No. 2006-56 -- Transferring $11,125 in the Airport Fund to
Run Electrical Power to Lease Lots.
5. Resolution No. 2006-57 -- Supporting Sensible and Responsible Access
to Oil and Gas Resources on the Alaska Outer Continental Shelf and
Elsewhere in United States Offshore Waters.
ITEM F: MINUTES
I . *Regular Meeting of October 4, 2006.
ITEM G:
ITEM H: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2194-2006 -- Authorizing the Sale of Approximately
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
4. *Ordinance No. 2195-2006 -- Amending the Kenai Municipal Code at
KMC 14.22.010 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as a
Secondary Use in the Central Mixed Use Zone and Providing for a
Definition of "Secondary Use."
5. *Ordinance No. 2196-2006 --Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
6. Approval -- Request for Extension/Wal-Mart Lease Application -- Tract
1, Baron Park 2005 Replat.
7. Approval -- Authorizing the City Manager to Negotiate a 'Personal
Property Sales Contract, Termination of Lease, and
Management/Operations Agreements, and Transition Services
Agreement," with AAl Services.
ITEM 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
a. Beautification Committee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- None Scheduled
ITEM M: ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 17, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ei.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
The City Clerk took roll. Present were:
Linda Swarner
I Rick Ross
Robert J. Molloy
Mike Boyle (Telephonically)
I Pat Porter, Mayor
Joe Moore, Vice Ma or
A quorum was present.
Absent: Adam DeMello, Student Representative
A-3. CERTIFICATION OF ELECTION
Clerk Freas read the following election report into the record:
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 3, 2006
WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the
ballots for the Regular Election of October 3, 2006.
ABSENTEE (in -person, by -fax, personal needs, by -mail) AND
UESTIONED BALLOTS RECEIVED
171
ABSENTEE/ UESTIONED BALLOTS REJECTED
22
ABSENTEE/QUESTIONED BALLOTS COUNTED
149
POLL VOTER TURN OUT
1,200
TOTAL VOTER TURN OUT
1,349
NUMBER OF KENAI REGISTERED VOTERS
4,949
VOTER TURN OUT
27.26%
VAUL; L
CITY COUNCIL/THREE-YEAR SEATS:
CANDIDATE
POLL
VOTES
RECEIVED
ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
MOLLOY, Robert J. (Bob)
834
92
926
ROSS, Richard A. (Rick)
883
108
991
Write -Ins
48
1
49
CITY COUNCIL/ONE, ONE-YEAR SEAT:
CANDIDATE
POLL
VOTES
RECEIVED
ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
ELDRIDGE, Barry
529
75
604
LEWIS, Anthony(Ton)
533
65
598
Write -Ins
14
0
14
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 3, 2006
WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the
ballots for the Regular Election of October 3, 2006.
ABSENTEE (in -person, by -fax, personal needs, by -mail) AND
UESTIONED BALLOTS RECEIVED
171
ABSENTEE/ UESTIONED BALLOTS REJECTED
22
ABSENTEE/QUESTIONED BALLOTS COUNTED
149
POLL VOTER TURN OUT
1,200
TOTAL VOTER TURN OUT
1,349
NUMBER OF KENAI REGISTERED VOTERS
4,949
VOTER TURN OUT
27.26%
CITY COUNCIL/THREE-YEAR SEATS:
CANDIDATE
POLL
VOTES
RECEIVED
ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
MOLLOY, Robert J. (Bob)
834
92
926
ROSS, Richard A. (Rick)
883
108
991
Write -Ins
48
1
49
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 3
CITY COUNCIL/ONE, ONE-YEAR SEAT:
CANDIDATE
POLL
VOTES
RECEIVED
ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
ELDRIDG;E, Barry
529
75
604
LEWIS, Anthony(Ton)
533
65
598
Write -Ins
14
0
14
it7O-_S\
Council Member Ross MOVED to certify the results of the October 3, 2006 election
and Council Member Swarner SECONDED the motion.
VOTE:
*Student Representative DeMello: Absent
Swarner
Yes
Ross
Yes
Mollo
Yes
Bo le
Yes
Porter
Yes
Moore
Yes
MOTION PASSED UNANIMOUSLY.
A-4. ADMINISTER OATHS OF OFFICE
Mayor Porter administered the oaths of office to Council Members Ross and Molloy
who then took their seats at the dais.
A-5. AGENDA APPROVAL
Mayor Porter noted a memorandum from City Manager Koch regarding water/sewer
rates minimum monthly charge for R/V Parks.
MOTION:
Council Member Moore MOVED for approval of the agenda and requested
UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were
no objections. SO ORDERED.
A-6. CONSENT AGENDA
MOTION:
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 4
Council Member Moore MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were
no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS
B-1. James McConnell, Palladin Group -- Frontier Community Counseling &
Senior Assisted Housing Project Status Report.
McConnell noted his address as 19501 Wingham Circle, Eagle River, AK. McConnell
reported on the progress in planning the development of the assisted living facility and
Frontier Services facility, a collaborative effort, on property facing Redoubt Avenue in
Kenai.
McConnell noted, a new Master Site Plan is being developed with the assisted living
facility moving to the front of the acreage; the big hurdle will be to acquire design
funds for both the projects; he hopes to have the design documents available by
February/March in order to make presentations for gathering funding; the moving of
the facilities to the front of the acreage will lower the costs of utility placement; and,
the long-range plan includes using the back portion of the acreage for independent
senior housing.
ITEM C: UNSCHEDULED PUBLIC COMMENTS
C-1. Celia Anderson, Kenai Peninsula College -- Ms. Anderson gave her
address as 36815 Chinulna Drive, Kenai. Anderson reported her college art class
would begin its second portrait -drawing project; a collaborative effort with the Kenai
Senior Center; it is a three-week project; and, an exhibition of the portraits will be held
on Sunday, December 3 at 4:00 p.m.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
-- None.
ITEM E: PUBLIC HEARINGS
E-1. Ordinance No. 2193-2006 -- Amending the Code Violation Fine
Schedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for
Failure to Obtain a Dog License in Violation of KMC 3.20.010.
MOTION:
Council Member Swarner MOVED for the adoption of Ordinance No. 2193-2006 and
Council Member Moore SECONDED the motion.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 5
There were no public comments. It was explained the Animal Control Officer
requested the amendments made to the code as an educational tool to pursue better
compliance of dog owners licensing their dogs.
A request was made to explore a multi -year license and to include in an upcoming
report how many licenses are sold.
T411I
*Student Representative DeMello: Absent
Swarner
Yes
Ross
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
( Yes
MOTION PASSED UNANIMOUSLY.
E-2
MOTION:
Resolution No. 2006-54 -- Supporting Ongoing Efforts Through
Requests for State, Private, Corporate and Grant Funding, to Preserve
and Restore the Jesse Lee Home in Seward, Alaska.
Council Member Ross MOVED to adopt Resolution No. 2006-54 and Council Member
Moore SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative DeMello: Absent
Swarner
Yes
Ross
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
MOTION PASSED UNANIMOUSLY.
E-3. Resolution No. 2006-55 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 6
Council Member Molloy MOVED to approve Resolution No. 2006-44. Council Member
Swarner SECONDED the motion and requested UNANIMOUS CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-4. Resolution No. 2006-56 -- Transferring $11,125 in the Airport Fund to
Run Electrical Power to Lease Lots.
Council Member Swarner MOVED for approval of Resolution No. 2006-45 and
requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-5. Resolution No. 2006-57 -- Supporting Sensible and Responsible Access
to Oil and Gas Resources on the Alaska Outer Continental Shelf and
Elsewhere in United States Offshore Waters.
MOTION:
Council Member Moore MOVED for approval of Resolution No. 2006-57 and requested
UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion.
Bill Osborn, 423 Rogers Road, Kenai -- Encouraged council's approval of Resolution
No. 2006-57.
VOTE:
There were no objections. SO ORDERED.
ITEM F: MINUTES
F-1. Regular Meeting of October 4, 2006 -- Approved by consent agenda.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 7
ITEM G:
ITEM H:
H-1.
MOTION:
UNFINISHED BUSINESS -- None.
NEW BUSINESS
Bills to be Ratified
Council Member Ross MOVED to ratify the bills and Council Member Swarner
SECONDED the motion.
VOTE:
*Student Representative DeMello: Absent
Swarner
Yes
Ross
Yes
Molloy
Yes
Bo le
Yes
Porter
Yes
Moore
Yes
MOTION PASSED UNANIMOUSLY.
H-2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Molloy MOVED to approve the purchase orders exceeding $15,000.
Council Member Swarner SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
H-3. Ordinance No. 2194-2006 -- Authorizing the Sale of Approximately
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
Introduced by approval of consent agenda.
H-4. Ordinance No. 2195-2006 -- Amending the Kenai Municipal Code at
KMC 14.22.010 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as a
Secondary Use in the Central Mixed Use Zone and Providing for a
Definition of "Secondary Use."
Introduced by approval of consent agenda.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 8
H-5. Ordinance No. 2156-2006 -- Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
Introduced by approval of consent agenda.
H-6. Approval -- Request for Extension/Wal-Mart Lease Application -- Tract
1, Baron Park 2005 Replat.
Referring to information included in the packet, City Manager Koch reported the six-
month extension was requested to allow time for the negotiation of the purchase
agreement of the property and the receipt of a Corps of Engineers permit for the
placement or discharge of fill material into wetlands.
MOTION:
Council Member Moore MOVED to extend the lease application with Wall -Mart for an
additional six months. Council Member Ross SECONDED the motion.
Koch also reported:
• The site application is contingent on a 404 Corps Permit stating what
mitigation measures will need to be taken, however Wal-Mart intends to move forward
acting as if there is a wetland.
• To his knowledge, the facade of the building will be like others in
Anchorage and other areas.
VOTE:
*Student Representative DeMello: Absent
Swarner
Yes
Ross
Yes
Molloy
Yes
Bo le
Yes
Porter
Yes
Moore
Yes
MOTION PASSED UNANIMOUSLY.
H-7. Approval -- Authorizing the City Manager to Negotiate a 'Personal
Property Sales Contract, Termination of Lease, and
Management/Operations Agreements, and Transition Services
Agreement," with AAI Services.
MOTION:
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 9
Council Member Ross MOVED to approve the request for authorization and Council
Member Moore SECONDED the motion.
Koch reported:
• The inventory/survey of equipment had been completed.
• He had not yet received a copy of the survey, however, he did not expect
any life/safety issues.
• In speaking with the person who did the survey, he learned the
equipment exhibits normal wear and tear for the time it has been in use.
• He will include the inventory/survey in the next packet.
• He will not move forward with the purchase if the report is not
satisfactory and he has not discussed issues of concern with council.
VOTE:
*Student Representative DeMello: Absent
Swarner
Yes
Ross
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
MOTION PASSED UNANIMOUSLY.
ITEM I: COMMISSION/COMMITTEE REPORTS
I-1. Council on Aging -- Referring to the meeting summary included in the
packet, Council Member Boyle reviewed actions and discussions from the October 5,
2006 meeting.
I-2. Airport Commission -- Airport Manager Cronkhite reviewed actions and
discussions from the October 12 Commission meeting, including the Air Fair date and
a proposal to consider purchase of property to add to the airport.
I-3. Harbor Commission -- No report. The meeting summary was included
in the packet.
I-4. Library Commission -- Council Member Molloy reported the meeting
summary was included in the packet and the next meeting would be held on
November 7.
A brief discussion took place related to scheduling a joint work session with the
Commission to discuss the proposed library expansion. Administration was requested
to prepare a plan with site information/recommendations and a suggested date for a
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 10
work session. Koch reported he had been developing a list of questions to include in a
survey to city residents and suggested the survey be sent out sometime after the
November 7 election.
I-5. Parks & Recreation Commission -- Council Member Moore reported the
meeting sunnnary of the October 5 meeting was included in the packet.
I-6. Planning & Zoning Commission -- Council Member Ross reported on
actions taken at the October 11 Commission meeting.
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee -- Council Member Swarner reported there
had been no quorum for the October 10 scheduled meeting.
I-7b. Alaska Municipal League Report -- Council Member Swarner reported
the annual conference would begin on November 15.
ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following:
• She attended a reception welcoming the new manager at First American
Title Company.
• She attended a reception celebrating the ten-year anniversary of the
"Head Start" program.
• She attended the Boys & Girls 'Parents Fun Night."
• She stopped by and welcomed two new Kenai businesses.
• Briefly discussed a concern related to a multi -family building being
developed and whether the municipal code required landscaping. Administration was
requested to research codes to address landscaping and size of lots of multi -unit
buildings in residential areas, presenting the information to the Planning & Zoning
Commission and then to Council.
• Announced the election of vice mayor and liaison appointments would
take place at the November 1, 2006 council meeting.
ITEM K: ADMINISTRATION REPORTS
K-1. City Manager -- City Manager Koch reported the following:
• Reviewed his lay -down memorandum related to water/sewer rates for
seasonal recreational vehicle parks. A general discussion took place based on
information included in the memorandum and Koch was requested to calculate what
the actual costs for the eight users would be and provide council with the information.
• He and City Attorney Graves are developing language for the Wall -Mart
sales agreement.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 11
• He sent out a letter to the property owners in the active LIDs related to
reduced scope of work for paving projects. Comments received were positive to
reducing the scope of work, i.e. strip paving only. If no negative responses, he will go
forward with the reduced scope of work.
• There are two small streets that were not included in the
Aliak/McCollum LID but he felt they should have been. He will contact the property
owners on those streets and discuss the street's inclusion in the project.
• He met with representatives of the Kenai Sportfishing Association related
to placement of a drift boat pullout at Cunningham Park. Council had no objection to
his continuation of discussions.
• Reminded all a gubernatorial debate will be held at the Challenger Center
on Wednesday at 11:30 a.m. He sent the candidates letters offering to meet with them
if they wished.
Koch was requested to report status of placing new street lights.
K-2. Attorney -- City Attorney Graves reported the following:
• He is working with Lowe's and Wall -Mart on purchase agreements.
• He is seeking comments on the airport reserve lease forms.
• He is also working on the non -airport reserve lease form and the General
Fund land code amendments.
K-3. City Clerk -- City Clerk Freas reported the following:
• Kenai City Hall would be used as an absentee voting site beginning on
Monday, October 23, 2006.
• She contacted the area legislators and candidates related to a work
session with council to discussion capital improvement projects.
ITEM L: DISCUSSION
L-1. Citizens
Jerry Dunn, 1919 Mission Avenue, Kenai -- Reported he owns an RV park
and feels the $86 monthly charge during the off season is excessive.
L-2. Council
Moore -- Thanked administration for the dip net report and questioned the
process for requesting street lights.
Swarner -- • Congratulated Ross and Molloy on their re-election.
• Requested street addresses be included on the building permit report.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 12
Stated concern for the street sweeping being done at the site of the new
soccer fields. It was explained the contractor was doing the cleaning and would be
contacted and concerns discussed with him.
• Suggested the November 15, 2006 council meeting be changed to the
following week due to several council members attending the AML Conference.
MOTION:
Council member Swarner MOVED to change the regularly scheduled November 15
council meeting to November 21. Council Member Ross SECONDED the motion.
VOTE:
*Student Representative DeMello: Absent
Swarner
Yes
Ross
Yes
MolloyYes
Bo le
Yes
Porter
Yes
Moore
Yes
MOTION PASSED UNANIMOUSLY.
Ross -- No comments.
Molloy -- Stated his appreciation he was reelected.
Boyle -- No comments.
EXECUTIVE SESSION -- None Scheduled
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 8:40 p.m.
Minutes submitted by: APROWD By CoUjgClt
Carol L. Freas, City Clerk _. Y Cttttf>
*The student may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be castprior 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.