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HomeMy WebLinkAbout2006-10-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 4, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httl)://www.ci.kenai.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) Ricky Gease, Kenai River Sportfishing Association -- Kenai Eagle Award Presentation/City of Kenai for City Dock Improvements Thor Evenson -- Proposed Development of Evenson Property on Spruce Street and Proposed Access Through City Property. Randy Bostrom -- Seasonal Business/Water & Sewer Billing ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2190-2006 -- Increasing Estimated Revenues and Appropriations by $5,361.72 in the Airport Environmental Assessment Capital Proiect Fund for Additional Grant Monies. 2. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and Appropriations by $150,000 in the General Fund for Payment to the Public Employee Retirement System. 3. Ordinance No. 2192-2006 -- Amending KMC 12.40 Entitled, "Regulation of Smoking in Eating Establishments" to Include Bowling Alleys as a Place Where Smoking is Prohibited Within the City of Kenai. 4. Resolution No. 2006-52 -- Transferring $24,647 in the Water and Sewer Fund to Purchase a Sewer Jet -Cleaning Unit. 5. Resolution No. 2006-53 -- Awarding the bid to Alaska Truck Center for a Sewer Jet -Cleaning Unit - 2006 for the Total Amount of 304,647. ITEM F: MINUTES *Regular Meeting of September 20, 2006. ITEM G: UNFINISHED BUSINESS Discussion -- Special Assessment District Update Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *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. ITEM I: 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. Alaska Municipal League Report C. Mini -Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS City Manager Attorney City Clerk ITEM L: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Six -Month Evaluation of City Manager ITEM M: INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 1. 9/29/2006 Purchase Orders Between $2,500 and $15,000 for council review. 2. 9/25/06 J. Faulkner letter regarding waterfront revitalization planning process. 3. 9/25/06 Public Works Department, Project Status Report. 4. 8/31 /06 Kenai Convention & visitor Bureau meeting minutes. 5. 9/21/06 State of Alaska Oil and Gas Lease Sales, Cook Inlet Areawide 2007. 6. 9/28/06 KK report, KRSMA Board Workshop -- Raising Outboard Limits to 50 HP for the Kenai River. 7. 8/28/06 & 9/24/06 KCVB Director's Reports. KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 4, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://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 The City Clerk took roll. Present were: Joe Moore, Vice Ma or Linda Swarner Rick Ross Robert Molloy Mike Boyle Pat Porter, Ma or A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Boyle MOVED for approval of the agenda. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Molloy MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Ricky Gease, Kenai River Sportfishing Association -- Kenai Eagle Award Presentation/City of Kenai for City Dock Improvements KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 2 Crease explained the Kenai Eagle Award recognizes outstanding efforts to conserve and rehabilitate fisheries habitat to maintain and to improve the Kenai River watershed for sustainable fisheries. Gease presented the City of Kenai with a 2006 Kenai Eagle Award for the city's noteworthy project at the Kenai City Dock to improve recreational boating access on the lower Kenai River below the Warren Ames Bridge. He also noted, a plaque would be provided for placement at the dock. B-2. Thor Evenson -- Proposed Development of Evenson Property on Spruce Street and Proposed Access Through City Property. Evenson reviewed information included in the packet related to access to his property situated on Spruce Street, explained different alternatives, and stated he was open to negotiation if the city wuld be interested in purchasing the property. Evenson was encouraged to work with city administration in discussing the issue further. B-3. Randy Bostrom, 507 Upland Street, Kenai -- Seasonal Business/Water & Sewer Billing. Mr. Bostrom noted his recent purchase of the Kenai RV Park; his receipt of a letter from the Finance Department informing him the Kenai Municipal Code did not allow for suspension of water/sewer service for any accounts; believed it unfair to charge utilities throughout the year for seasonal businesses; and, requested reconsideration of the charge. Discussion followed with comments including: • There was no information addressing a seasonal utilities charge within the Conditional Use Permit. • The meeting minutes from when the permit was approved did not limit months of operation of the park. • The permit did not limit storage at the park. • The administration would like to continue researching the issue. Council had no objection to allowing administration time to research the issue further. ITEM C: UNSCHEDULED PUBLIC COMMENTS Ron Rainey, 1405 Angler Drive, Kenai -- Rainey noted the "horrible" condition of Angler Drive and stated he would like council to consider the proposed paving project very seriously. Greg Davis, Ames Road, Kenai -- Davis stated he would like to have his road paved and if the City would consider omitting seeding, etc., the cost would be much less. KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 3 Davis also stated his concern with a junk yard/classic car lot located at the end of Ames Road. City Manager Koch reported the city had already investigated the matter; found there are no code violations because the vehicles were either registered or were classic race cars; and, further investigation is taking place of whether the individual is operating a business from that location without a conditional use permit. Michael Blair, 1445 Angler Drive, Kenai -- Blair stated his support in paving Angler Drive. Ricky Gease, 14289 Beaver Loop Road, Kenai -- Stated he supported his neighbors' requests and agreed with the need to pave Angler Drive. Gease also stated his concern the Kenai Spur Highway, between Kenai and Soldotna, should be widened with three lanes, including a passing lane and requested the City to consider the need when discussing road conditions with the Department of Transportation. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. E-1. Ordinance No. 2190-2006 -- Increasing Estimated Revenues and Appropriations by $5,361.72 in the Airport Environmental Assessment Capital Project Fund for Additional Grant Monies. MOTION: Council Member Swarner MOVED for the adoption of Ordinance No. 2190-2006 and Council Member Molloy SECONDED the motion. There were no public or council comments. VOTE: *Student Representative DeMello: Yes Moore Yes Swarner Yes Ross Yes Molloy Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and Appropriations by $150,000 in the General Fund for Payment to the Public Employee Retirement System. KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 4 MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2191-2006 and Council Member Molloy SECONDED the motion. There were no public comments. Discussion followed related to the city's request for a report from the actuary. A request was made to learn from the City of Soldotna if they received a positive effect from its paying an extra amount over and above its normal contribution to PERS. Koch reported he was sure there would have been a positive result, however he noted it may not be in the best interest for the City of Kenai to pay extra amounts if the State were to offset costs and then not recognize the City's extra contribution. MOTION TO POSTPONE: Council Member Ross MOVED to postpone action on Ordinance No. 2191-2006 until the second meeting in November, unless Administration receives the report from the State and brings the ordinance back earlier. Council Member Boyle SECONDED the motion. VOTE: *Student Representative DeMello: Yes Moore Yes Swarner Yes Ross Yes Molloy Yes I Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2192-2006 -- Amending KMC 12.40 Entitled, "Regulation of Smoking in Eating Establishments" to Include Bowling Alleys as a Place Where Smoking is Prohibited Within the City of Kenai. MOTION: Council Member Moore MOVED for the adoption of Ordinance No. 2192-2006 and Council Member Boyle SECONDED the motion. Bill Osborn, 423 Rogers Road, Kenai -- Stated his support of the ordinance and submitted a letter with signatures from seniors who also supported the ordinance. It was noted, the owner of the bowling alley had been given a copy of the proposed ordinance and stated no objections. KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 5 VOTE: *Student Representative DeMello: Yes. Moore Yes Swarner Yes Ross Yes Mollo ) rie Yes Porter Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2006-52 -- Transferring $24,647 in the Water and Sewer Fund to Purchase a Sewer Jet -Cleaning Unit. MOTION: Council Member Molloy MOVED for the adoption of Resolution No. 2006-52 and Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: *Student Representative DeMello: Yes Moore Yes Swarner Yes Ross Yes Molloy Yes Bo le Yes Porter Yes MOTION PASSED UNANIMOUSLY. E-5. Resolution No. 2006-53 -- Awarding the Bid to Alaska Truck Center for a Sewer Jet -Cleaning Unit - 2006 for the Total Amount of 304,647. MOTION: Council Member Ross MOVED for the approval of Resolution No. 2006-53 and Council Member Molloy SECONDED the motion. There were no public or council comments. VOTE: *Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 6 Moore Yes Swarner Yes Ross Yes Molloy Yes Bo le Yes Porter Yes MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-1. Regular Meeting of September 20, 2006 -- Approved by consent agenda. ITEM G: G-1. Discussion -- Special Assessment District Update City Manager Koch reviewed information included in the packet, noting the cost estimates for the projects included clearing, grubbing, replacement of culverts, topsoil and seeding; suggested reducing the scope of work to allow more of the funding to be used for projects which would reduce the cost to the property owners; allowing a reduction in the scope of work would still address the primary concerns of residents; the road standards would remain the same; and, culverts would be placed where required. Consensus of council was for City Manager Koch to contact property owners and request their opinions related to scope of work reduction. ITEM H: H-1. Bills to be Ratified MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. 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. KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 7 Introduced by consent agenda. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next meeting would be held October 5, 2006. I-2. Airport Commission -- No report. I-3. Harbor Commission -- It was reported the next meeting would be held Monday, October 9, 2006. I-4. Library Commission -- Council Member Molloy reviewed discussions and actions taken at the October 3, 2006 meeting. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held October 5, 2006. I-6. Planning & Zoning Commission -- Council Member Ross noted the minutes of the September 27 meeting were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held October 10, 2006. I-7b. Alaska Municipal League Report -- Swarner requested resolutions to be presented at the League Conference in November be forwarded, as well as any nominations for officials and employees of the year. I-7c. Mini -Grant Steering Committee -- Mayor Porter noted the meeting summary was included in the packet and of the four applications received, two were approved and would be funded. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • A request had been made for a resolution supporting the restoration of the Jesse Lee Home in Seward. Council had no objections to bring a resolution forward. Reported the first marathon was very successful with 72 participants and thanked Parks & Recreation Director Frates for his and his department's efforts. • Spoke with Father Daniels and learned the Orthodox Church is receptive to moving the cabins from behind Fort Kenay (removal will be the responsibility of the Historical Society). KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 8 Minutes of the Kenai Convention & Visitors Bureau Board were included in the packet. The Peninsula Mayors Conference will meet on October 17 at the Challenger Center with the City of Kenai hosting lunch. • She and City Manager Koch met with School District Superintendent Peterson to discuss schools in the Kenai area. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following: • He met with FAA representatives related to deed releases for properties outside of the Airport Reserve. • He met with representatives of the Kenai Lions Club related to service activities at Bernie Huss Trail. He met with members of the Library Commission. It was also noted dirt was being hauled from the Airport project to the new soccer fields. K-2. Attorney -- City Attorney Graves reported administration was continuing revisions to the airport lease portion of the code. Copies would be forwarded to user groups, aviators, KEDS, and the Airport Commission for comments. K-3. City Clerk -- City Clerk Freas reported the Canvass Board would meet on Tuesday, October 10, 2006 to review and count absentee/questioned ballots. A brief discussion took place related to concerns expressed by several voters regarding under-voted/over-voted ballot procedures. ITEM L: DISCUSSION L-1. Citizens Bob Peters, Old Town -- Suggested administration continue to consider the old court house as a site for the library. L-2. Council Moore -- Noted he was happy to see beetle -killed trees had been removed from the gullies and added, he would be out of town during the next, week. Swarner -- Congratulated Council Members Ross and Molloy on their reelections. KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 9 DeMello -- Congratulated Council Member Ross and Molloy. He also noted, an application would be submitted by a student to replace him on the Parks & Recreation Commission. Ross -- No comments. Molloy -- No comments. Boyle -- Noted the following items: Believes it would be good for the city to acquire the old court house building. • Has received comments from citizens concerned with the amount of trees being cut down on city properties. • Suggested Administration and Council revisit the city's land -use plan, including inventorying properties, ownership, uses, dedications, etc. and the plan should go forward 5 to 50 years. • Congratulated Ross and Molloy on their reelections. -- Six -Month Evaluation of City Manager MOTION: Council Member Moore MOVED to convene into an executive session concerning matters that could prejudice the reputation and character of another: the six-month evaluation of the city manager. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. BREAK FOR EXECUTIVE SESSION: 8:44 P.M. BACK TO ORDER: 9:42 P.M. Council Member Moore reported the council met in executive session to conduct a six- month evaluation of City Manager Koch. Mr. Koch received a positive evaluation. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:43 p.m. Minutes submitted by: Carol L. Freas, City Clerk By Cf-WNCCt dd"7 KENAI CITY COUNCIL MEETING OCTOBER 4, 2006 PAGE 10 *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.