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HomeMy WebLinkAbout2006-04-19 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 19, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htti3://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. Peter Klauder, Klauder & Company Architects, Inc. -- Proposed Library Expansion Presentation (30 minutes requested). ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing It With a New KMC 14.25 (Landscaping/Site Plan Regulations). (Clerk's Note: There is a motion to adopt Ordinance No. 2148-2006 on the floor from the March 1, 2006 council meeting. The ordinance was then tabled. A motion to remove Ordinance No. 2148-2006 from the table is needed to be made and acted upon prior to consideration of the original ordinance or consideration of the substitute ordinance.) a. Substitute Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing it With a New KMC 14.25 (Landscaping/ Site Plan Regulations). 2. Ordinance No. 2155-2006 -- Increasing Estimated Revenues and Appropriations by $24,000 for Utilities for the Challenger Learning Center (Challenger Center) of Alaska. 3. Ordinance No. 2156-2006 -- Rezoning From Rural Residential (RR) to Recreation (R) that Land Described as Tract A, Ballfield Subdivision and Those Portions of the NE 1/4 and the NE 1/4 NW 1/4 Which Lie Northeasterly of the Kenai Spur Highway and South and West of ASLS 79-57 Amended and North and Northwesterly and Southwesterly of Ballfield Subdivision, Containing Approximately 39.53 Acres. 4. Ordinance No. 2157-2006 -- Increasing Estimated Revenues and Appropriations by $4,073.11 in the General Fund to Replenish Police Department Overtime Depleted by the Arctic Winter Games. 5. LIQUOR LICENSE RENEWAL -- WITHDRAWAL OF PROTEST Amy Bowen, djb/a One Stop Liquors ITEM F: MINUTES 1. *Regular Meeting of April 5, 2006. 2. *April 10, 2006 Budget Work Session Notes ITEM G: UNFINISHED BUSINESS 1. Discussion -- Community Purpose Property Tax Exemption ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2158-2006 -- Amending the Official Kenai Zoning Map by Rezoning Lot A-1 and Lot A-2, Baron Park Subdivision No. 6, From Split -Zoned Light Industrial (IL) and General Commercial (CG) to General Commercial (CG) Only. 4. *Ordinance No. 2159-2006 -- Enacting KMC 7.40 Titled, "Grant Administration," Which Adopts Procedures for the Administration of Grants by the City of Kenai. ITEM I: COMMISSIONOCOMMITTEE 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 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 -- None Scheduled ITEM M: KENAI CITY COUNCIL - REGULAR MEETING APRIL 19, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt,o://www.ci.kei-iai.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 Roll was taken by the City Clerk. Present were: Rick Ross Robert Molloy Michael Boyle Pat Porter, Ma or Joe Moore, Vice Ma or Linda Swarner Cliff Massie A quorum was present. Absent: Les Krusen, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted handouts were available related to Item 13-1. MOTION: Council Member Moore MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member measles SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Moore MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. MOTION TO AMEND: KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 2 Council Member Molloy MOVED to amend the consent agenda by removing Items H-3 and F-2 and Council Member Boyle SECONDED the motion. Council Member Molloy explained his request for removing the items from the consent agenda, noting a correction needing to be made to the fifth whereas of H-3 and a clerical correction in Item F-2. VOTE ON AMENDMENT: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Peter Klauder, Klauder & Company Architects, Inc. -- Proposed Library Expansion Presentation (30 minutes requested). Mr. Klauder reviewed a building program, siting, and expansion study related to the proposed library expansion and provided a handout of his presentation as well as option site plans. A work session on the subject will be scheduled to discuss further what option to pursue. BREAK TAKEN: 4:48 P.M. BACK TO ORDER: 8:55 P.M. ITEM C: C-1. Mya Renken, Executive Director, Kenai Visitors & Convention Center Thanked the city for its cooperation in opening the boat launch road and allowing signage to be placed on city property related to area birding activities. Renken also noted a board meeting would be held on Monday, April 24 and the summer art show reception would be held on April 28. KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 3 ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS D-1. Assembly Member Margaret Gilman -- Assembly Member Gilman reported on actions taken at the April 18, 2006 Borough Assembly Meeting, including the passage of the School District funding ordinance. Gilman noted, the ordinance funded to the cap and would reinstate 18 teachers, however 63 teachers would be lost district wide. Gilman encouraged all to contact legislators and urge their funding of education. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing It With a New KMC 14.25 (Landscaping/Site Plan Regulations). (Clerk's Note: There is a motion to adopt Ordinance No. 2148-2006 on the floor from the March 1, 2006 council meeting. The ordinance was then tabled. A motion to remove Ordinance No. 2148-2006 from the table is needed to be made and acted upon prior to consideration of the original ordinance or consideration of the substitute ordinance.) MOTION: Council Member Molloy MOVED to remove Ordinance No. 2148-2006 from the table and Council Member Ross SECONDED the motion. *Student Representative Krusen: Absent Ross Yes =Molloy Yes Boyle Yes Porter Yes I Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. E-la. Substitute Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing it With a New KMC 14.25 (Landscaping/Site Plan Regulations). MOTION: Council Member Ross MOVED to move the Substitute No. 2148-2006 and Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 4 The floor was opened for public comments. Jason Carroll, 407 Eadies Way, Kenai, KEDS Team Member -- Carroll stated the Team was pleased to be able to assist the city with its review of the ordinance and appreciated the changes made to the original ordinance. There being no further comments, public comments was closed. There were no council comments. VOTE: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2155-2006 -- Increasing Estimated Revenues and Appropriations by $24,000 for Utilities for the Challenger Learning Center (Challenger Center) of Alaska. MOTION: Council Member Massie MOVED for the approval of Ordinance No. 2155-2006 and Council Member Boyle SECONDED the motion. The floor was opened for public comments. Larry Porter, 310 Rogers Road, Kenai and Director, Challenger Center of Alaska -- Porter spoke in support of the ordinance, noting the passage of the ordinance would allow time for the implementation of the organization's new business plan. He urged passage of the ordinance. Bill Osborn, 423 Rogers Road, Kenai -- Urged support of the ordinance. Council Member Moore declared a conflict of interest and explained his employer was assisting the Challenger Center with accounting and would be billing Challenger for the time. City Attorney Graves concurred with Moore's request to be recused. There were no objections from Council. KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 5 Mayor Porter passed the gavel to Vice Mayor Moore. She identified Larry Porter as her husband and explained Mr. Porter was was not receiving financial benefit from his appointment as Director of the Challenger Center. Graves noted, the code speaks to financial relationship; because the Challenger Center is a non-profit, Mr. Porter was basically a volunteer; and, since Porter was receiving no financial benefit from her husband's position, Graves agreed Mayor Porter could vote on the issue. There were no objections from council. Council discussion followed and comments included: i If the Center failed, the facility would be a city facility. Some negative constituent comments received suggested other uses for the facility, i.e. a library. f The $$24,000 could be used to purchase new public safety equipment. • Concern of setting a precedence; will be dipping into the Fund Balance; there are city buildings in need of repair; and, citizens have the opportunity to personally contribute to support the program. f The Center is an important educational tool. VOTE: *Student Representative Krusen: Absent Ross Yes Mc I Boyle Yes Porter Yes Moore Abstained Swarner Yes Massie Yes MOTION PASSED. E-3. Ordinance No. 2156-2006 -- Rezoning From Rural Residential (RR) to Recreation (R) that Land Described as Tract A, Ballfield Subdivision and Those Portions of the NE 1/4 and the NE 1/4 NW '/4 Which Lie Northeasterly of the Kenai Spur Highway and South and West of ASLS 79-57 Amended and North and Northwesterly and Southwesterly of Ballfield Subdivision, Containing Approximately 39.53 Acres. MOTION: Council Member Moore MOVED for the adoption of Ordinance No. 2156-2006 and Council member Swarner SECONDED the motion. There were no public comments. Council Member Boyle stated concerns for children to get to the area safely. Council Member Ross noted the question before council was KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 6 whether they would approve the rezoning of the property and he noted the Planning & Zoning Commission recommended approval. VOTE: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2157-2006 -- Increasing Estimated Revenues and Appropriations by $4,073.11 in the General Fund to Replenish Police Department Overtime Depleted by the Arctic Winter Games. MOTION: Council Member Molloy MOVED to adopt Ordinance No. 2157-2006 and Council member Swarner SECONDED the motion. There were no public comments. It was noted, the funds were received through grants and were being transferred into the police overtime account to replenish those unexpected overtime costs incurred through the Arctic Winter Games. VOTE: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. E-5. LIQUOR LICENSE RENEWAL -- WITHDRAWAL OF PROTEST Amy Bowen, d/b/a One Stop Liquors MOTION: Council Member Moore MOVED to withdraw the protest and Council Member Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 7 VOTE: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie I Yes MOTION PASSED UNANIMOUSLY. ITEM F• MINUTES F-1. Regular Meeting of April 5, 2006 -- Approved by consent agenda. F-2. April 10, 2006 Budget Work Session Notes Council Member Boyle requested the notes be corrected at Page 2, Item 2-a, explaining the resolution had been removed from the agenda and not tabled. There were no objections to the correction. ITEM G: G-1. Discussion -- Community Purpose Property Tax Exemption Attorney Graves reviewed information included in the packet and noted the Borough's Finance Director had asked if the city was interested in adopting the tax exemption or should the borough tax the entities in the next budget year. A brief discussion took place and Graves was requested to write an ordinance for introduction at the next meeting. It was also suggested "a limit of five years if the property is not in use" restriction be incorporated into the ordinance. ITEM H: H-1. Bills to be Ratified MOTION: Council Member Massie MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. H-2. Approval of Purchase Orders Exceeding $15,000 - MOTION: KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 8 Council Member Molloy MOVED to approve the purchase orders exceeding $15,000 and Council Member Boyle SECONDED the motion. Discussion related to the comfort station purchase order indicated cost for placement of a new facility was altered due to cost. The facility now planned would use the existing foundation and tanks. VOTE: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. H-3. Ordinance No. 2158-2006 -- Amending the Official Kenai Zoning Map by Rezoning Lot A-1 and Lot A-2, Baron Park Subdivision No. 6, From Split -Zoned Light Industrial (IL) and General Commercial (CG) to General Commercial (CG) Only. MOTION TO INTRODUCE: Council Member Molloy MOVED for the introduction of Ordinance No. 2158-2006 and Council Member Massie SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the fifth whereas from "the City of Kenai has accepted a lease for a retail development; and," to "the City of Kenai has approved an application for a retail development." Council Member Massie SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 9 MOTION PASSED UNANIMOUSLY. VOTE ON INTRODUCTION AS AMENDED: *Student Representative Krusen: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. H-4. Ordinance No. 2159-2006 -- Enacting KMC 7.40 Titled, "Grant Administration," Which Adopts Procedures for the Administration of Grants by the City of Kenai. Introduced by approval of consent agenda. ITEM I: COMMISSION/COMMITTEE REPORTS 1-1. Council on Aging -- Council Member Boyle reviewed the meeting summary of the April 6, 2006 meeting which was included in the council's packet. I-2. Airport Commission -- Council Member Molloy reviewed the meeting summary of the April 13, 2006 meeting which was included in the council's packet. 1-3. Harbor Commission -- Council Member Massie reported there had been no quorum present for the meeting scheduled for Monday, April 10, 2006. I-4. Library Commission -- It was noted the next meeting was scheduled for May 2, 2006. I-5. Parks & Recreation Commission -- Council Member Moore reported the April meeting had been cancelled and the next meeting would be held on May 4, 2006. I-6. Planning & Zoning Commission -- Council Member Ross noted the April 12 meeting minutes were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the April 11, 2006 meeting summary was included in the packet and reminded all of the June 3 Planting Day. KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 10 I-7b. Alaska Municipal League Report -- Noted a message received from AML urging comments be emailed to legislators related to revenue sharing prior to their consideration. She also reported she would be in Juneau at the end of the week on Food Bank business and would be meeting with area legislators. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: • Will travel to Juneau April 26-27 and planned to meet with area legislators. • Met with Mayor Carey, other area mayors, the Superintendent of Schools and the Dean of the Kenai Peninsula College. She noted, the College librarian is willing to partner with cities to access their library. • There are approximately 20 jobs related to Peninsula Counseling Services that will be leaving Kenai when they move their offices. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: • Wal-Mart representatives are currently working on a traffic analysis study and would begin soils analysis in mid -May. • Lowe's representatives will be visiting Kenai on May 3. They will be collecting information related to the Kenai site and will make a presentation to their executive board in mid -May to determine Lowe's further direction. • A resolution will be before council for consideration on the May 3 agenda to approve an amendment to the Copper River Seafood lease to include Crane Station #3 and the associated boat storage area. • He will be attending VISTA training from April 24-27 and during his absence, Finance Director Semmens will be Acting City Manager. • City representatives will be meeting with the State Fire Marshall on May 23 to discuss the state managing training operations at the PRISM facility. • SB247 related to PERS and Municipal Revenue Sharing will be scheduled for hearings after the Legislature acts on the percent -of -profits tax for oil. • Finance Director Semmens, as a member of the Alaska Retirement Management Board, testified to members of the Legislature earlier in the week regarding PERS/TERS indebtedness. • He requested reimbursement from Arctic Winter Games of $36,000 for unbudgeted overtime and other expenses related to the Games. • The leasing director of Carr-Gottstein is putting together a proposal related to developing an events center in the old Carrs Mall. The proposal should be completed next week. • He received a call from a representative of Senator Murkowski's office who requested information on the bluff stabilization project. The representative explained a request for a $1.5 million federal appropriation for the project would be included in the appropriations bill. He will report back when more is learned. KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 11 Clint Hall amended his offer to purchase 26 lots in Inlet Woods Subdivision at the City's full asking price. • He has given permission for a Special Use Permit to the Soccer Club for Millennium Square for the summer (the Permit allows for joint use by other parties, i.e. Boys & Girls Club, etc.). The Permit is revocable at the City's discretion. Porter questioned the lease renegotiation list included as an information item in the packet. She noted Decor Industries leases four lots but has improved only two of them. She asked if code requires the lots to be developed within a certain amount of time. Airport Manager Cronkhite explained, administration had researched that issue previously and learned, because it is an old lease, their site plan for development of the property had not been enforced, it would be difficult to require them to develop the lots into parking, etc. (as indicated on the site plan) if they are current with their lease payments. City Manager Koch is to review the language in the lease and report back to council. Moore requested administration to review all city lots to learn if the development plans are up to date if not, if they can be enforced. Swarner suggested the dock road be open for birding enthusiasts during the weekend and until seven in the evening. K-2. Attorney -- Attorney Graves reported the first batch of the airport code revisions had been sent to the KEDS Action Team and the Airport Commission for review. After receiving comments back, the next batch of amendments will be forwarded to them for review. K-3. City Clerk -- No report. ITEM L: L-1. Citizens John Mellish, 1132 Walnut, Kenai -- Referred to an earlier comment of the Mayor who stated she believed if there were no comments in opposition to the city paying for six months of the Challenger Center's utility bills, the public was approving the expenditure. Mellish stated he did not agree with the statement and suggested no comment was the same as giving the Center a chance to implement its new plan, etc. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Noted he appreciated the budget concerns related to paying the Challenger Center's utility bills and added, he believed KENAI CITY COUNCIL MEETING APRIL 19, 2006 PAGE 12 council should look ahead to the development to come (Lowe's and Wal-Mart) and not cut itself short. Bob Peters, Old Town, Kenai -- Stated his concern with selling off prime real estate in Kenai and not holding it for future generations. L-2. Council Moore -- No comments. Swarner -- No comments. Massie -- No comments. Ross -- No comments. Molloy -- Suggested administration request additional information related to the request for property from Frontier Community Services and the Senior Connection. It was noted, the items which Molloy suggested were all part of the United Way grant request application which they would have already prepared. Boyle -- No comments. Porter -- No comments. EXECUTIVE SESSION -- None Scheduled ITEM M: There being no further business before the Council, the meeting adjourned at approximately 9:30 p.m. Minutes transcribed and prepared 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 shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. ADO ®I CUUNQ Ct dal@: