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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.