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HomeMy WebLinkAbout2006-12-20 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING DECEMBER 20, 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. ROLL CALL The City Clerk took roll. Present were: Pat Porter, Mayor Joe Moore, vice mayor Linda Swarner Ba Eldrid e Rick Ross Robert Molloy Absent was Mike Boyle. A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL ADD TO: E-2a, Reference: Ordinance No. 2202-2006, Letter from Robert A. Stockdale opposing Ordinance No. 2202-2006. ADD TO: E-3a, Substitute Resolution No. 2006-67 -- Correcting fourth and fifth whereas paragraphs. ADD TO: E-3a, Reference Resolution No. 2006-67 -- Chris J. Rhodes objecting to square footage assessment. MOTION: Council Member Moore MOVED for approval of the agenda with the lay -down information and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 2 Council Member Moore MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS Mayor Porter read a proclamation to Keith Kornelis, City of Kenai Public Works Manager, congratulating him on his upcoming retirement on December 31, 2006 and thanking him for his 29 years of service to the City. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Kate Ghaber, 47146 Lexington, Kenai -- Ms. Ghaber spoke in support of the proposed library expansion and requested the city to give financial support toward the expansion. Donald McCloud, 406 Haller Street, Kenai -- Mr. McCloud spoke in opposition to Ordinance No. 22202-2006, noting the number of guides should be controlled and there was no space for local folks to fish the River. McCloud also stated his concern of the raise in Enstar Natural Gas to its customers. Susan Morrison, 604 Westwood Court, Kenai -- Ms.. Morrison stated her disappointment the proposed library expansion was not included on the City's Capital Improvement Project list as she felt it was a priority for the community. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. 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." (Clerk's Note: Ordinance No. 2200-2006 was substituted, amended and postponed to December 20, 2006. The motion to adopt is active.) E-la. Substitute 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. DECEMBER 20, 2006 PAGE 3 MOTION: Council Member Ross MOVED to substitute Ordinance No. 2200-2006 and Council Member Molloy SECONDED the motion. There were no public comments. Council Member Ross reported the Planning & Zoning Commission reviewed the ordinance at its December 13, 2006 meeting and made no comments. Attorney Graves reviewed his memorandum included in the packet which summarized the changes made in the substitute ordinance. VOTE ON MOTION TO SUBSTITUTE: *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner IYes Eldridge Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. VOTE ON MOTION TO ADOPT AS SUBSTITUTED: *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2202-2006 -- Amending KMC 11.05.090 Entitled "Use of Launch Ramp and Float," by Adding a Subsection Limiting the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (Clerk's Note: Ordinance No. 2202-2006 was substituted and introduced at the December 6, 2006.) E-2a. Substitute Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 4 MOTION: Council Member Moore MOVED to substitute Ordinance No. 2202-2006 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. Dwight Kramer, 47083 Belmont Court, Kenai -- Suggested council consider moving the effective date forward to coincide with the Department of Natural Resources effective date of the new regulations for the upper part of the river and stated his belief there could be ways to allow two-stroke engines for personal use that would not be harmful. Ricky Gease, P.O. Box 700, Kenai -- Stated he liked the ordinance; felt it proactive; encouraged the city to pass the ordinance; and encouraged the city to extend the ordinance to cover private properties from any boat ramp below Warren Ames Bridge. Gease also noted, the Kenai Sportfishing Association was investigating opportunities for low or no -interest loans for purchase of motors and, when asked, confirmed discussions related to solving the river pollution only included the removal of two- stroke engines and no other options. City Attorney Graves noted the ordinance was based on jurisdiction the city owns the boat launch and the city would have difficulty in enforcing control on launches not owned by the city. Don Wright, 604 McCollum Drive, Kenai -- Spoke in opposition to the ordinance, noting he believed it would be a minor fix for the river pollution. Brent Johnson, President, Kenai Peninsula Fishermen's Association -- Spoke in support of the ordinance, noting the four-stroke engines would be cleaner, more efficient and would offer better mileage. George Parks, Soldotna -- Spoke in opposition to the ordinance, noting 50 horsepower engines were not always detuned and it would be difficult to identify those which have been or have not been detuned. Parks stated he believed other options needed to be investigated other than only removal of the two-stroke engines from the river. Robert Ruffner, Executive director, Kenai Watershed Forum -- Ruffner noted the following: Stated his appreciation of Keith Kornelis and his years of service to the city. • Information related to science and measurements of pollution to the river could be attained at the Kenai River Center. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 5 • Pollution could be reduced by cutting down consumption of fuel. • Encouraged council to consider controlling the types of engines used from all ramps within the city. • Cities are eligible for the low or no -interest revolving loans for purchase of motors discussed earlier. • Reminded all the pollution of the river was not a user group issue, but taking care of the river. • Emission of pollutants go one-to-one with motor power. • Agreed with the comment to move the effective date ahead to 2008 after the regulations are amended by the Department of Natural Resources. Jim Butler, Kenai -- Noted he appreciated the rationale for the new regulation was incorporated into the ordinance; he believed a clear understanding of the jurisdiction south of the bridge was important; and, suggested use patterns of the city dock be identified. There being no others wishing to speak, the public hearing was closed. BREAK TAKEN: 8:06 P.M. BACK TO ORDER: 8:16 P.M. MOTION: Council Member Moore MOVED to postpone action on the ordinance in order to hold another public hearing on January 3, 2007. Council Member Eldridge SECONDED the motion. I\T/ O tlCORail1107.11E1DWO�3i Council Member Swarner MOVED to amend the motion to hold the additional public hearing on January 17, 2007. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes Bo le Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Molio Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 6 *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. Action on Ordinance No. 2202-2006 was postponed to January 17, 2007. E-3. Resolution No. 2006-67 -- Directing the Continuation of the Project Entitled "McCollum-Aliak-Japonski Assessment District" and Designating What Improvements are to be Included in this Project. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2006-67 and Council Member Moore SECONDED the motion. The floor was opened to public hearing. Roy Espy, 403 McCollum Drive, Kenai -- Requested clarification on which allocation of assessment the resolution was based. It was noted, the allocation was based on frontage and remained a 25% (property owners)/75% (City) split. City Manager Koch reviewed the allocation information included in the packet (which had been previously forwarded to the property owners). Earl Moore, Kenai Grace Brethren Church -- Noted his appreciation of Keith Kornelis' work with the city. Recommended using the 100% per lot assessment method as he believed it the fairest option when considering the usage of the road. Don Wright, 604 McCollum, Kenai -- Thanked council for moving forward with the paving project; stated his appreciation of maintaining the 25/75 split of costs; and, believed the recommended allocation of assessments as noted in the resolution was the best for him. Koch reviewed the difference in allocations between the McCollum-Aliak-Japonski assessment district and that of the Angler Drive assessment district. MOTION TO SUBSTITUTE: Council Member Ross MOVED to substitute Resolution No. 2006-67 and Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 7 VOTE ON MOTION TO SUBSTITUTE: *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes 1 Molloy Yes MOTION PASSED UNANIMOUSLY. *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2006-68-- Adopting the City of Kenai FY 2008 Capital Improvements Plan (CIP) Priorities for the City of Kenai. MOTION: Council Member Moore MOVED for approval of Resolution No. 2006-68. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. hi• •� • :�t _� Council Member Moore MOVED to amend the Capital Improvement List to add the project "Kenai Spur Highway Upgrade to five lane configuration between Soldotna and Kenai, State of Alaska, Department of Transportation & Public Facilities" as a $10 million funding request. Council Member Eldridge SECONDED the motion. Moore explained he proposed the motion amend as a result of the council's discussions with legislators during which it was noted the $5 million funding was already set aside for the upgrade, and it would be appropriate to bring the issue back before the Legislature to include the project on the STIP list. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 8 VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative DeMello: Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. ITEM F: F-1. ITEM G: ITEM H: H-1. MOTION: MINUTES Regular Meeting of December 6, 2006 -- Approved by consent agenda. UNFINISHED BUSINESS NEW BUSINESS Bills to be Ratified Council Member Swarner MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Ordinance No. 2203-2006 -- Amending KMC 1.15.130 Entitled, "Telephonic Participation" to Emphasize Responsibilities of the Council Member(s) Requesting Telephonic Participation of a Council Meeting. Introduced by approval of consent agenda. H-4. Approval -- Commission/Committee Term Renewals MOTION: KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 9 Council member Molloy MOVED to approve the term renewal applications as presented. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Senior Center Director Craig reported the next; meeting would be held on January 4, 2007. I-2. Airport Commission -- Council Member Molloy reported the December meeting was cancelled. I-3. Harbor Commission -- Public Works Manager Kornelis reported there was no quorum available for the December 11 meeting, however a brief work session was held during which the members present discussed the two-stroke engine issue and the possible combining of the Harbor Commission with the Parks & Recreation Commission. The Parks & Recreation Commission will be invited to the January 8, 2007 Harbor Commssion to discuss the combining of the commissions more fully. I-4. Library Commission -- Council Member Swarner reported the next meeting would be held on January 9, 2007 at 7:00 p.m. I-5. Parks & Recreation Commission -- Council Member Eldridge reviewed the meeting summary included in the packet, noting the Commission discussed the possible expansion of the cemetery and combining of the Harbor/Parks commissions. City Manager Koch was requested to report on the development progress of the dog park at the January 3, 2007 council meeting. I-6. Planning & Zoning Commission -- Council Member Ross reviewed actions taken at the December 13, 2006 meeting which included plat approvals, conditional use permit approvals, and denial of a variance permit for a Conservation - zoned lot on Redoubt Terrace Bluff, and a brief discussion related to Ordinance No. 2200-2006. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- No meeting. I-7b. Alaska Municipal League Report -- Swarner referred to information included in the packet related to the National Association of Counties (NACo) Western State Region Conference meeting to be held in Fairbanks in May and encouraged council members to attend. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 10 • She is working with George Ford/Kenai Historical Society, in corresponding with the Russian Orthodox Church in regard to relocating the cabins now situated behind Fort Kenay. • She attended a reception at the Economic Development District. • She is working with City Manager Koch in planning a Peninsula Governor's Inauguration Ball to be held in Kenai on February 3, 2007. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following: • Noted his letter to the Department of Natural Resources related to the Kenai River pollution issue was included in the packet. • Noted a letter from the State Fire Marshall's Office related to the leasing of the fire training facility. Koch stated he hoped to have a finalized agreement for council's review at the January 3, 2007 meeting. • It appears the last issues with regard to the purchase of property by Walmart had been resolved and he hoped to bring the ordinance forward at the January 3 meeting. • He is involved with the planning of the inaugural ball. Porter noted her preference to have Rick Koch replace Keith Kornelis on the Kenai River Special Management Advisory Board. MOTION: Council Member Swarner MOVED to have City Manager Koch be the designated representative from the City of Kenai on the Kenai River Special Management Advisory Board. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. K-2. Attorney -- City Attorney Graves noted the following: • He had been informed the city would be receiving an additional $48,000 from the Bankruptcy Trustee related to the Inlet Woods issue. The funds were collected from sale of property. • Wished Keith Kornelis good luck in his retirement. K-3. City Clerk -- City Clerk Freas also wished good luck to Keith Kornelis in his upcoming retirement. ITEM L: L-1. Citizens -- None. KENAI CITY COUNCIL MEETING DECEMBER 20, 2006 PAGE 11 L-2. Council Molloy -- Wished Kornelis good luck in his retirement and all happy holidays. Ross -- Congratulated Kornelis in his retirement and wished him good luck; wished all a Merry Christmas; and, congratulated Finance Director Semmens on a clean audit report. DeMello -- Noted school was on Christmas break and the Student Council and National Honor Society were conducting a phone card donation for troops through December 24. Eldridge -- Wished Kornelis good luck in his retirement and all a Merry Christmas. Swarner -- Wished Kornelis good luck in his retirement, and wished all a Merry Christmas. Moore -- Thanked Kornelis for his years of service to the City and requested administration provide council with a copy of the agreement made in the past related to the City's jurisdiction over the Kenai River below Warren Ames Bridge. Porter -- Wished all Merry Christmas and thanked Kornelis for his years of service, noting it had been a pleasure working with him. EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Commission, the meeting adjourned at approximately 8:55 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk /per t coin. ,