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HomeMy WebLinkAbout2006-11-01 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 1, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://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) 1. Maya Johnson -- Request for Funding/Attend 4-H National Congress ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 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. 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." 3. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. 4. Resolution No. 2006-58 -- Adopting an Alternative Allocation Method for the FY07 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. 5. Resolution No. 2006-59 -- Adopting the City of Kenai Capital Improvements Plan Priority List Fiscal Year 2007-2012 as the Official Six -Year Capital Improvements Plan for the City of Kenai. 6. Resolution No. 2006-60 -- Canceling the Existing McCollum/Aliak Drives Local Improvement District and Initiating a New Local Improvement District Entitled, "McCollum-Aliak-Japonski Local Improvement District." ITEM F: MINUTES *Regular Meeting of October 17, 2006. ITEM G: ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. 4. *Ordinance No. 2198-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional Services. 5. *Ordinance No. 2199-2006 -- Increasing Estimated Revenues and Appropriations by $16,400 in the General Fund for a Homeland Security Grant. 6. *Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it Wit a New Title 22 Entitled, "General Fund Lands." 7. ELECTION OF VICE MAYOR 8. Discussion -- Assignment of Commission/Committee Liaisons 9. Discussion -- Reschedule July 4, 2007 Council Meeting 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: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 1, 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: Barry Eldridge (Telephonically) Rick Ross Robert J. Molloy Mike Boyle (Telephonically) Pat Porter, Mayor Joe Moore, Vice Mayor Linda Swarner A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL Mayor Porter requested the following amendments to the agenda: ADD TO: E-1, Ordinance No. 2194-2006 -- Lowe's of Kenai, Drawings ADD TO: E-3, Ordinance No. 2196-2006 -- Letter from Dorothy Wilhelm, d/b/a Anchor'ITrailer Court. ADD TO: H-2, Purchase Orders Over $15,000 -- List REMOVE FROM THE AGENDA: H-5, Ordinance No. 2199-2006 ADD TO: Information Item S -- Additional information regarding the PRISM, Props Condition Survey. MOTION: Council Member Molloy MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS 13-1. Maya Johnson -- Request for Funding/Attend 4-H National Congress Maya Johnson, 39185 Dori Lynn Street, Kenai, AK and Kara Bethune, 48365 Lake Meadow, Kenai, AK, explained they and Jessica Bowling (not present) would be attending the 4-H National Congress in Atlanta, Georgia over the Thanksgiving Holiday and distributed information related to their trip. Through the Congress, they will compare other State's programs to Alaska's program and learn how to improve Alaska's program from that comparison. Johnson and Bethune requested a donation from Council toward their trip expenses. MOTION: Council Member Ross MOVED to approve a donation of $250 per individual for the three individuals to attend the 4-H National Congress in Atlanta, Georgia; that the individuals will make a report to Council upon their return; and, the individuals will work for the City for this funding. Ross requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM C: UNSCHEDULED PUBLIC COMMENTS C-1. Kathy Hens, Library Commission -- Ms. Hens gave her address as 4540 Kenaitze Court, Kenai and explained the Library Commission passed a motion to request Council to research possible locations for a new site for the library at its last meeting. In addition, the Friends of the Library support the Commission's request. C-2. Larry Porter, Challenger Learning Center -- Mr. Porter gave his address as 310 Rogers Road, Kenai and thanked the City for supporting the Center the last six months with paying the natural gas and electricity bills. KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 3 C-3. James Butler -- Mr. Butler gave his address as 1711 Kaknu, Kenai. Mr. Butler relayed to the Council information related to a Denali Commission grant that might be appropriate for the Council to apply for and use to improve beach access at the end of Spruce Street. City Manager Koch responded that he has received and reviewed the information to which Butler referred and would prepare an application for Council's review by the end of the month. C-4. Maya Renken, Director Kenai Convention & Visitors Bureau -- Ms. Renken gave her address as 11471 Kenai Spur Highway, Kenai and reported the Captain Cook journals would be on display in January at the Center; the refurbishment of the vessels was completed; they plan to build a shelter for them in the coming year; and, the pumpkin carving held on Saturday, 10/28/06, was very successful. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS E-1. 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. MOTION: Council Member Ross MOVED for adoption of Ordinance No. 2194-2006 and Council Member Moore SECONDED the motion. Bart Hollander, Lowe's, Carlsbad, CA -- Mr. Hollander reported Lowe's is excited for the opportunity to serve the community; the closing on the land is expected to be in January; submission of plans and building permits would be in early spring; construction would begin in April; and, it was hoped the store would be opened before Thanksgiving 2007. Rick Baldwin, KEDS Chairman -- Mr. Baldwin gave his address as 3080 Kim-N-Ang, Kenai and stated he felt the land sale was a beneficial use of the City's assets and was in support of Ordinance No. 2194.2006. Council Member Moore noted, after reading all the material, he felt very comfortable with the transaction. Moore appreciated Section 11 and complimented Administration on this clause. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 4 *Student Representative DeMello: Yes Eldridge Yes Ross Ye oy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Ibcy (oil!`y�fJ� BREAK TAKEN: 7:43 P.M. (Council Member Ross left the meeting.) BACK TO ORDER: 7:50 P.M. E-2. 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." MOTION: Council Member Moore MOVED to adopt Ordinance No. 2195-2006. Council Member Molloy SECONDED the motion. There were no public comments. Discussion by Council included: • An explanation of the amendment, i.e. to allow construction o a building with commercial business on the ground floor and condominium units above. An explanation of the code's site plan requirements. VOTE: *Student Representative DeMello: Yes Eldrid e Yes Ross Yes Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting Mobile Home Standards for Mobile Home Parks Within the City of Kenai. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2196-2006. Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 5 Public comments included the following: Geoff M. Graves, 5360 King Salmon Dr., Kenai -- Mr. Graves discussed the health and sanitation issues with the trailer park he drives through going to his home. He also mentioned his concern with children living in unsafe conditions. Kurt Rogers, 5335 King Salmon Dr., Kenai -- Mr. Rogers discussed the trash and debris throughout the trailer court he passes through on the way to his home. Roy E. Wright, 9135 Kaknu, Kenai -- Mr. Wright stated he owns a trailer court in town; understood the concerns being discussed; and, requested to speak with representatives of the City so he knows how he will be affected by the ordinance. Greg Nichol, 1360 Chisek Street, Kenai -- Mr. Nichol expressed his concerns with health and sanitation issues, the trash and debris throughout the trailer park he passes through and how it attracts bears, and, stated he did not want anyone to lose home, but would like the park cleaned up. Donna Lohrke, 5211 King Salmon Dr., Kenai -- Ms. Lohrke discussed the trash and debris blowing into her yard and the great number of animal control issues she had experienced over the years with animals leaving the trailer park and coming into her fenced yard. Don Zacharias, 1385 Muskrat Way, Kenai -- Mr. Zacharias stated owners of the parks should maintain their parks and be held accountable just as property owners within the City. Debra Hibbert, 1385 Nighthawk, Kenai -- Ms. Hibbert stated as the owner of Alaska Cab, she is required to have a conditional use permit with the City and felt the trailer park owners should have to abide by the same rules and regulations. City Clerk Freas read a letter from Dorothy Wilhem, d/b/a Anchor Trailer Park. In the letter, Wilhelm noted concerns with the setback and lot sizes, as well as the need for providing housing opportunities to low-income families. Wilhelm requested additional time to review the ordinance as to how it would affect her business. Council comments included the following: • It was clarified the ordinance would apply to new mobile homes being moved into parks. The regulations would not apply to old mobile homes. • Concerns expressed with costs associated with the new regulations and how they would affect park owners. • Concerns expressed related to DEC requirements and how they might be written into the ordinance. • Most of the concerns expressed by citizens present would not be improved by the ordinance as it is currently written. NOVEMBER 1, 2006 PAGE 6 • Additional time should be considered to allow park owners to discuss the issues with administration. MOTION TO POSTPONE: Council Member Moore MOVED to postpone passage of Ordinance No. 2196-2006 until the next meeting to give property owners time to consider their options. Council Member Swarner SECONDED the motion. VOTE: *Student Representative DeMello: Yes Eldridge Yes Ross Yes M0112Y Yes Boyle Yes Porter No Moore Yes Swarner Yes MOTION PASSED. Mayor Porter noted she and Council Member Ross would be crafting an ordinance to define debris and trash to better assist code enforcement efforts. E-4. Resolution No. 2006-58 -- Adopting an Alternative Allocation Method for the FY07 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. ii, rel I rem Council Member Swarner MOVED to adopt Resolution No. 2006-58 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. E-5. Resolution No. 2006-59 -- Adopting the City of Kenai Capital Improvements Plan Priority List Fiscal Year 2007-2012 as the Official Six -Year Capital Improvements Plan for the City of Kenai. MOTION: Council Member Molloy MOVED to adopt Resolution 2006-59 and Council Member Boyle SECONDED the motion. MOTION TO AMEND: KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 7 Council Member Boyle MOVED to move change the Senior Center Garage from "Desirable" to "Necessary" on the Capital Improvement Plan Priority List. Council Member Molloy SECONDED the motion. Council and Administration comments included: • The Senior Center Garage has been in consideration for some time and should be changed on the list. • There are more significant needs in other areas. • Paving needs in Central Heights would cost approximately $1 million. VOTE ON MOTION TO AMEND: *Student Representative DeMello: No Eldridge No Ross No Dv Yes Boyle Yes Porter No Moore Yes Swarner No MOTION TO AMEND FAILED. VOTE ON MAIN MOTION: *Student Representative DeMello: Yes Eldridge Yes Ross Yes Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. E-6. Resolution No. 2006-60 -- Canceling the Existing McCollum/Aliak Drives Local Improvement District and Initiating a New Local Improvement District Entitled, "McCollum-Aliak-Japonski Local Improvement District." MOTION: Council Member Moore MOVED to adopt Resolution No. 2006-60 and requested unanimous consent. Council Member Swarner SECONDED the motion. City Manager Koch stated this LID had been in existence since 2003; the scope of work had changed since that time; he would like to include property owners of Japonski as part of the LID; he thought it appropriate to redo the LID; property KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 8 owners located on Japonski had recently been sent letters explaining the issue; and, he had not yet received any responses from those individuals. VOTE ON MOTION: *Student Representative DeMello: Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-1. Regular Meeting of October 17, 2006 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: H-1. Bills to be Ratified MOTION: Council Member Molloy 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 Molloy MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2197-2006 -- Amending KMC 3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective for Three Years and Setting the License Fees. Introduced by approval of consent agenda. H-4. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional. Services. KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 9 H-5. Ordinance No. 2199-2006 -- Increasing Estimated Revenues and Appropriations by $16,400 in the General Fund for a Homeland Security Grant. Removed from the agenda. H-6. Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." Introduced by approval of consent agenda. H-7. ELECTION OF VICE MAYOR Council Member Swarner nominated Joe Moore as Vice Mayor. Council Member Boyle nominated Council Member Molloy as Vice Mayor. COUNCIL MEMBER NAME VOTE FOR MOORE VOTE FOR MOLLOY Eldridge X Molloy X Boyle X Porter X Moore X Swarner X Ross (No Vote - Left meeting Council Member Moore was elected as Vice Mayor. H-8. Discussion -- Assignment of Commission/Committee Liaisons Porter reviewed the assignments as follows: Commission/Committee/Board Liaison Airport Commnission Molloy Planning & Zoning Commission Ross, Molloy (Alternate) Library Commission Swarner Parks & Recreation Commission Moore Harbor Commission None Council on Aging Boyle Beautification Committee Swarner Kenai Convention & Visitors Center Vacant Economic Development District Eldridge CIRCAC John Douglas Stranded Gas Ross AML Swarner KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 10 MOTION: Council Member Moore MOVED to approve the assignments as presented and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. H-9. Discussion -- Reschedule July 4, 2007 Council Meeting M• ITO Council Member Swarner MOVED to reschedule the July 4, 2007 Council Meeting to July 3, 2007 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM I: I-1. Council on Aging -- Council Member Boyle reported the November meeting had been cancelled. I-2. Airport Commission -- Council Member Swarner noted the meeting summary was included in the packet. I-3. Harbor Commission -- Public Works Manager Kornelis stated the Harbor Commission meeting was cancelled due to lack of agenda items. I-4. Library Commission -- Council Member Molloy reported the Library Commission would meet November 7. I-5. Parks & Recreation Commission -- Parks & Recreation Director Frates reported there was no Parks & Recreation Commission scheduled for the month of November as the Commission would be meeting bi-monthly until spring. I-6. Planning & Zoning Commission -- It was noted the minutes from last meeting were included in the packet. Porter referred to an application from Tony Lewis to be considered for appointment to the Planning & Zoning Commission. Porter recommended the appointment. There were no objections from Council. 1-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swamer reported the Committee would not meet again until January. I-7b. Alaska Municipal League Report -- Council Member Swarner reported the AML annual conference would be held in November. KENAI CITY COUNCIL MEETING NOVEMBER 1, 2006 PAGE 12 • He is waiting for the State of Alaska to make their determinations related to health insurance benefits for same sex domestic partners. K-3. City Clerk -- Clerk Freas reported she would be attending the Alaska Association of Municipal Clerks conference and the Alaska Municipal League conference the week of November 11-17. ITEM L: L-1. Citizens -- None. L-2. Council Boyle -- No comments. Eldridge -- No comments. Moore -- Stated concern the costs for a bluff project were increasing and the need to move the project forward. Swarner -- No comments. DeMello -- Reported the Student Council was making efforts to be more active in the conummity and reviewed activities planned to raise funds for donation to Love, Inc., a Leukemia Penny Drive, and canned food collection. Molloy -- Congratulated Eldridge and welcomed him to council. -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:36 p.m. Minutes submitted by: &2X 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. AMPOWED By TS _ `: