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HomeMy WebLinkAbout2006-12-06 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 6, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httT)://www.ei.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) Bill Coghill, Mikunda-Cottrell & Co. -- City of Kenai Audit Report. 2. Council Member Barry Eldridge -- Greetings from Buenos Aires, Argentina Council. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2198-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional Services. (Clerk's Note: A motion to postpone Ordinance No. 2198-2006 to December 6, 2006 was passed at the November 21, 2006 council meeting. The motion to adopt is active.) 2. Ordinance No. 2201-2006 -- Increasing Estimated Revenues and Appropriations by $638 in the General Fund for a Grant From the Rasmuson Foundation Arts and Culture Programs. 3. Resolution No. 2006-66 -- Directing the Continuation of the Project Entitled "Angler Drive Assessment District" and Designating What Improvements Are to be Included in This Project. 4. *Application for Liquor License -- Matson Winery & Supply/Winery ITEM F: MINUTES 1. *Regular Meeting of November 21, 2006. ITEM G: ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. Ordinance No. 2202-2006 -- 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. 4. Approval -- Vacate Cricket Drive, a 60-Foot Public Right -of -Way Dedicated by Baron Park Subdivision No. 5 (Plat KN 86-165); and Associated Public Utility Easements and the 20' Utility Easement Between Tract C and Lot 1; All Within Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2006-032; Petitioner: Charles M. Kopp, Acting City Manager of Kenai, Alaska; Location: City of Kenai. 5. Approval -- Assignment of Lease/Consent to Assignment -- From Corey, Inc., d/b/a Upper Deck and Jody Donaghe, Individually, to Rosin Investments, Inc. and Scott Rosin, Individually. 6. Approval -- Health Insurance Plan Amendments. 7. Discussion -- Combining Commission/Committees. (Clerk's Note: This item was postponed at the 11121106 meeting to December 6, 2006.) 8. Discussion -- Review/Council Meeting Telephonic Participation 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 ITEM J: ITEM K: 1. 2. 3. ITEM L: 1. 2. a. Beautification Conunittee b. Alaska Municipal League Report Ia03S8] ilall wo0.ION��Il'Z�7 City Manager Attorney City Clerk Citizens (five minutes) Council EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 6, 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. F.W ROLL CALLa The City Clerk took roll. Present were: Robert Molloy Pat Porter, Mayor Joe Moore, Vice Mayor Linda Swarner Barry Eldridge Rick Ross A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted the following requests for inclusion in the packet: ADD TO: E-1, Reference: Ordinance No. 2198-2006, Memorandum from Airport Manager Cronkhite related to the Airport Operating Agreement Negotiation Contract. ADD TO: E-3, Resolution No. 2006-66 -- Email correspondence from Bill Bancroft and Ron & Elaine Rainey noting their preferences of assessment options. REMOVE FROM THE CONSENT AGENDA: F-1, Minutes of November 21, 2006 Council Meeting (correction/replacement to be made, Page 14 of 11/21/06 Council Meeting minutes). KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 2 of 17 ADD AS: H-3a, Substitute 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. ADD TO: H-3a, Explanation of differences/two-cycle v. four-cycle internal combustion engines. ADD TO: 11-8, Discussion/Telephonic Participation -- Comments submitted by Council Member Boyle. ADD AS: Information Item No. 9 -- 12/4/06 KK letter related to Kalifornsky Beach Road Rehabilitation Project #57803. MOTION: Council Member Molloy MOVED for approval of the agenda with the requested changes and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes MOTION PASSED UNANIMOUSLY. " MOTION: CONSENT AGENDA Council Member Moore MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Bill Coghill, Mikunda-Cottrell & Co. -- City of Kenai Audit Report. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 3 of 17 Mr. Coghill reviewed the Comprehensive Annual Financial Report with council and noted the financial report indicated basically no liabilities and that the city is in a very healthy position. He also reported the State and Federal Single Audit Reports showed no problems and were clean. Copies of both reports were distributed to council. B-2. Council Member Barry Eldridge -- Greetings from 28 Noviembre, Argentina Council. Council Member Eldridge reviewed a letter of greetings from 28 Noviembre, Argentina which was included in the packet. Eldridge also gave a brief background report of the area and its similarities to Kenai. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2198-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the Airport Fund for Professional Services. (Clerk's Note: A motion to postpone Ordinance No. 2198-2006 to December 6, 2006 was passed at the November 21, 2006 council meeting. The motion to adopt is active.) There were no public comments. Council Member Molloy indicated the Airport Commission had recommended approval of the expenditure. City Manager Koch reviewed the memorandum distributed at the beginning of the meeting, and explained the consultant would offer technical resources for administration, who will be doing the negotiations. VOTE: *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 4 of 17 E-2. Ordinance No. 2201-2006 -- Increasing Estimated Revenues and Appropriations by $638 in the General Fund for a Grant From the Rasmuson Foundation Arts and Culture Programs. Council Member Molloy MOVED to adopt Ordinance No. 2201-2006 and Council Member Swarner SECONDED the motion. There were no public comments. Administration indicated the Kenai Convention & Visitors Bureau applied for a larger grant, however the amount included in the ordinance was the amount award. VOTE: *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes El Ross Yes MOTION PASSED UNANIMOUSLY. E-3. Resolution No. 2006-66 -- Directing the Continuation of the Project Entitled "Angler Drive Assessment District" and Designating What Improvements Are to be Included in This Project. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2006-66 and Council Member Moore SECONDED the motion. The floor was opened for public comment. Michael Blair, 1445 Angler Drive, Kenai -- Reported he distributed the petition; he has driven Angler Drive for almost 30 years; now, almost 60% of the use is commercial traffic; and, the city is not prepared to maintain the gravel road and he felt it would be in the city's best interest to pave the road. Blair added, he believed the cost developed by administration was fair, the project was not over -engineered, and should be done. John English, 1125 Angler Drive, Kenai -- Mr. English stated he believed the square footage methodology for determining assessment was more equitable. It was noted, the assessment may be 25% more than the value of the property, either raw or with improvements. The assessed value was included in the improvements. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 5 of 17 Ross Harding, 1535 Angler Drive, Kenai -- Stated he believed the 1/3, 1/3, and 1/3 division of cost was the best overall. Judy Blair, 1445 Angler Drive, Kenai -- Stated another suggestion was to assess by the amount of traffic made by the property owner; she believed the 1/3, 1/3, and 1/3 division of cost as the most equitable; and noted, the cost will be higher for them with the 1/3 split, but she believed it the most fair. There being no other public wanting to comment, the public hearing was closed. Administration indicated Resolution No. 2006-66 stated the cost would be split 1/3, 1/3, and 1/3. *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-4. Application for Liquor License -- Matson Winery & Supply/Winery Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of November 21, 2006 Removed from the consent agenda. MOTION: Council Member Molloy MOVED to approve the regular meeting minutes of November 21, 2006 and Council Member Eldridge SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the November 21, 2006 meeting minutes by substituting page 14 and Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 6 of 17 *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. VOTE ON MOTION AS AMENDED: *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: H-1. Bills to be Ratified MOTION: Council Member Swarner MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2202-2006 -- 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. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 7 of 17 MOTION: Council Member Moore MOVED to introduce Ordinance No. 2202-2006 and Council Member Eldridge SECONDED the motion. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2202-2006 by replacing with Substitute Ordinance No. 2202-2006 marked H-3a and Council Member Eldridge SECONDED the motion. Council Member Moore explained he believed, because the ordinance discussed an important issue, public comment would be taken at this meeting, at the normal public hearing scheduled for December 20, as well as additional public hearings. The floor was opened for public hearing. Robert Ruffner, Executive Director, Kenai Watershed Forum -- Mr. Ruffner thanked the council for taking the first step; believed it was commendable the city had taken the action to bring forward an ordinance; and, was encouraged the city had brought the issue forward to discuss. George Parks, Soldotna, AK -- Stated his concern for the effective date of May 1, 2007 being too soon, that some non-commercial fishers would not be able to afford the cost of upgrading to a four-cycle motor, and suggested the effective date be moved forward. Paul Shadura, P.O. Box 1632, Kenai, AK -- Mr. Shadura distributed a letter from the Kenai/Soldotna Fish & Game Advisory Committee to the Department of Environmental Conservation and suggested the City, instead of forwarding an ordinance, send a proposal to the Board of Fisheries to reflect the comments of the Advisory Committee. He also noted, the four-stroke engine rule would restrict sport and personal use fishing; suggested an exemption for boats used for transporting to and from fishing boats, etc.; suggested phasing out of two -cycles engines; and, the Committee tried to find consensus related to going to drift only but found it a problem for all users and felt recommendations should be for the overall user group. Jim Butler, Kenai -- Suggested amendments to the ordinance include: • More definition/explanation in the whereas paragraphs. • Include a component for transitioning. (mitigation, education and fees) • State why the issue is so important to the city, i.e. quality of life, economic interest, etc. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 8 of 17 • Try to identify something that is enforceable and would be effective. • Keep fees minimal. Butler stated he would submit some written comments to the city manager. VOTE ON AMENDING BY SUBSTITUTION: *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. VOTE ON INTRODUCTION: *Student Representative DeMello: Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. H-4. Approval -- Vacate Cricket Drive, a 60-Foot Public Right -of -Way Dedicated by Baron Park Subdivision No. 5 (Plat KN 86-165); and Associated Public Utility Easements and the 20' Utility Easement Between Tract C and Lot 1; All Within Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB Ffle No. 2006-032; Petitioner: Charles M. Kopp, Acting City Manager of Kenai, Alaska; Location: City of Kenai. City Manager Koch explained, the title as submitted on the agenda was incorrect, due to an error of the Borough's. The correct information was included within the packet of information provided and the error was on the cover letter only. The title should have read: Vacate a 33-foot right-of-way easement along the south boundary of Lot 2 and a portion of the 33-foot right-of-way easement along the west boundary of Lot 2, reserved in the Patent recorded in Book 16, Page 189, Kenai Recording District; all within Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 9 of 17 Peninsula Borough. KPB File No. 2006-282. Note: A 33-foot Water & Sewer Easement will be retained. Location: City of Kenai. Koch reported, the vacation request had been through the process at the Borough and the City with the Planning & Zoning Commission reviewing it and stating no objections. Unless there was objection to the vacation, Council needed not take any action. Council stated no objections to the request for vacation. H-5. Approval -- Assignment of Lease/Consent to Assignment -- From Corey, Inc., d/b/a Upper Deck and Jody Donaghe, Individually, to Rosin Investments, Inc. and Scott Rosin, Individually. MOTION: Council Member Molloy MOVED for the approval of the Assignment of Lease and Consent to Assignment. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-6. Approval -- Health Insurance Plan Amendments. Finance Director Semmens reviewed the memorandum included in the packet which discussed options to provide health insurance for employees with the goal of reducing premium costs. He indicated the use of a Health Reimbursement Arrangement (HRA) was found to be the best option and noted how the plan would be used; reviewed a comparison of insurance options and costs; reported an attractive price quote was received from Premera Blue Cross to change the city's renewal date to January 1 and would lock the city on a reasonable cost increase; and, indicated an increase in the deductible from $200 to $1,000 would take place. Discussion followed related to advantages, reimbursement of costs, etc. MOTION: Council Member Ross MOVED to direct Administration to pursue the Health Reimbursement Arrangement (HRA). Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-7. Discussion -- Combining Commission/Committees. (Clerk's Note: This item was postponed at the 11121106 meeting to December 6, 2006.) KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 10 of 17 Mayor Porter referred to information provided in the packet which included attendance, agendas, and meeting schedules from the past year for the Parks & Recreation Commission and Harbor Commission. She noted difficulties finding persons interested in serving on the Commissions and suggested the commissions be combined as their interests were much alike. H-B. Discussion -- Review/Council Meeting Telephonic Participation Council reviewed information included in the packet which included copies of the original ordinance allowing telephonic participation at council meetings and a more recent ordinance which increased the number of meetings allowed to participate telephonically. Clerk Freas read into the record comments submitted by Council Member Boyle. Discussion followed and Council requested the issue be brought before the commissions for discussion and Administration report back with a recommendation. Discussion followed in which comments included: • Not interested in increasing the number of meetings allowed to be attended telephonically. • Interest in putting responsibility back on the council members who wish to participate telephonically in order to be fairer to the public, staff and other council members. • When members have been telephonically, it has not been disruptive and has worked well. • Suggestion notice should be increased from 24 hours to 48 hours. • Prompt notification of telephonic participation would eliminate duplication of packets. • Suggestion council members be notified when the Clerk receives a notification of telephonic participation. • Suggestion the council member who requests a packet be shipped be responsible for the cost of shipping. Administration was requested to prepare an ordinance for consideration and including the suggestions made during the conversation. ITEM I: I-1. Council on Aging -- It was reported the next meeting would be held on Thursday, December 7, 2006. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 11 of 17 I-2. Airport Commission -- Council Member Molloy reported the next meeting was scheduled for Thursday, December 14, 2006. I-3. Harbor Commission -- It was reported the next meeting was scheduled to be held on Monday, December 11, 2006. I-4. Library Commission -- Council Member Swarner reported a joint work session was held on Tuesday, December 6 related to the proposed library expansion. She also reported, a request may be made to move the January 2 Library Commission meeting to another date. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held on December 7, 2006. Porter noted an application from Brad Deneson was included in the packet for review and consideration for appointment to the Commission. Council had no objections to the appointment. I-6. Planning & Zoning Commission -- Council Member Ross reported the next meeting was scheduled for Wednesday, December 13, 2006. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swarner reported no meeting was scheduled for December. I-7b. Alaska Municipal League Report -- Swarner reported no meeting was scheduled for December. ITEM J: REPORT OF THE MAYOR Mayor Porter reported Council Member Eldridge would take her place as the city's representative to the Kenai Convention & Visitors Bureau Board of Directors. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following: • He signed the Lowe's property agreement. The closing is expected to take place in January. • The Wal-Mart agreement was getting close to completion. • Work continues on the management agreement for the PRISM building and it is intended to bring the agreement before council at the next meeting. • Noted his letter in response to the impaired river status was included in the packet. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 12 of 17 • The consultant has finished the categorization of water well quality and a drilling program has been requested for Third Avenue/Spruce Street and the golf course area. A brief discussion took place related to a project that may take place in the Walker Lane area. K-2. Attorney -- No report. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens -- None. L-2. Council Moore -- • Reported he represented the City of Kenai at the Governor's inauguration. An inauguration ball will be held in Kenai in February. • Complimented the Street Department and Administration related to a new weekend street -plowing philosophy. Swarner -- • Welcomed the Rosin's as new lessees at the Airport. • Suggested a central calendar be provided to the grader operators to indicate when functions taking place on Sundays, the streets will be plowed. DeMello -- • Reported the High School students are working on a drive to purchase phone cards for troops and are trying to make it a community -wide event. Reported the students are also working on holding a prom for senior citizens. Eldridge -- No comments. Ross -- No comments. Molloy -- Reported he attended the Senior Center portrait reception. -- None Scheduled ITEM M: There being no further business before the Council, the meeting adjourned at approximately 9:40 p.m. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 2006 Page 13 of 17 Minutes submitted by: 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 shalt be recorded in the minutes. Student representatives may not move or second items during a council meeting. APPROW-D BY C dlHCa L Ct fI Because of my personal circumstance, I have been a benefactor of the telephonic ordinance. Telephonic attendance of meetings has made it possible for me to attend meetings that I would otherwise have been absent. My feedback from the citizens of Kenai has been positive in this issue. They are pleased that I am able to represent them yet still tend to this matter of personal medical emergency. In reflection of the usefulness of telephonic attendance, I find that myself and the citizen of Kenai, benefit positively. As a representative I am able to do more than is stated as a minimum requirement to stay with the council. It is quite possible to keep up remotely and be fair to the responsibility of the position. I find that allowing two meetings for any reason of personal choice to be sufficient, however, would not reject the idea of increasing this number to 3 or 4. I do think, however, that the number of those meetings allowed for medical emergency should be increased to at least 4 if not 6. Were that the case today I would be representing the citizens telephonically. Thank you.