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HomeMy WebLinkAbout2006-06-07 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 7, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: ( l www. ci. ken ai. ak. u s 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2165-2006 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2006 and Ending June 30, 2007. 2. Ordinance No. 2166-2006 -- Increasing Estimated Revenues and Appropriations by $3,800 in the Senior Citizen Title III Grant Fund for Senior and Disabilities Training. 3. Ordinance No. 2167-2006 -- Increasing Estimated Revenues and Appropriations by $4,210.00 in the General Fund to Pay for Improvements to Police Department Report Writing Stations and a Computer Projector. 4. Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. 5. Ordinance No. 2169--2006 -- Transferring $125,000 From the FY2006 Public Improvements Capital Project Fund to the Boat Launch Capital Project Fund and Transferring $100,000 From the Boat Launch Capital Project Fund to the General Fund. 6. Resolution No. 2006-29 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2006 and Ending June 30, 2007. 7. Resolution No. 2006-30 -- Transferring $9,091 in the General Fund Fire Department for Physical Examinations. 8. Resolution No. 2006-31 -- Supporting the Development of a Copper, Gold and Molybdenum Mine at the Pebble Porphyry Prospect Northwest of Lake Iliamna, Alaska. 9. *Restaurant/Eating Place Public Convenience Liquor License -- Juan A. Rodriquez, d/b/a Acapulco Restaurant. 10. *Restaurant Designation Application -- Acapulco Restaurant -- License #46 10 / Restaurant Resting Place Public Convenience. ITEM F: MINUTES 1. *Regular Meeting of May 17, 2006. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2170-2006 -- Amending the Hunting Map at KMC 13.15.010 Appendix I to Include Restrictions Imposed Within the Kenai River Special Management Area (KRSMA). 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. Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPOF ITEM L: City Manager Attorney City Clerk Citizens (five minutes) Council - None Scheduled KENAI CITY COUNCIL - REGULAR MEETING JUNE 7, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httr)://www.ci.ken,ii.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: Pat Porter, Mayor Joe Moore, Vice Mayor (telephonically) Cliff Massie Rick Ross Robert Molloy Mike Boyle Absent was: Linda Swarner A quorum was present. Also Present: Les Krusen, Student Representative A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: E-1, Ordinance No. 2165-2006 -- City Manager Koch memo and attachments relating to FY2007 budget. REMOVE: Item E-8, Resolution No. 2006-31 regarding the Pebble Mine. REMOVE FROM CONSENT AGENDA AND REPLACE PAGE: F-1, May 17, 2006 Council Meeting Minutes, Page 4 (correction made/vote of Molloy on Item E-3, Ordinance No. 2 163-2006 /Change from "yes" to "abstain." KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 2 ADD AS: H-4, Discussion/Schedule Board of Adjustment Hearing Date -- Appeal of Planning & Zoning Commission Approval of PZ06-34 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part S (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. Appeal filed by Donald E. Pearce. MOTION: Council Member Massie MOVED to approve the agenda with the requested changes and Council Member Molloy SECONDED the motion. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner J Absent Massie Yes Ross Yes Molloy Yes Boyle ( Yes MOTION PASSED UNANIMOUSLY. A-4. CONSENT AGENDA MOTION: Council Member Boyle MOVED to approve the consent agenda. Council Member Massie SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Mayor Porter requested comments planned to be made at the City Manager's Report (Item K-1) related to a request for purchase of city property by Salamatof Native Association, Inc. to be moved forward. There were no objections from council. City Manager Koch reviewed the information in the packet, i.e. a request from Salamatof Native Association, Inc. (SNA) to purchase Tract A, Baron Park Subdivision consisting of 16.20 acres. Koch stated he believed it would be in the city's best KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 3 interest to not sell the large parcel for the size of development SNA would like to develop and instead, negotiate the purchase of a smaller portion of that property. Koch requested direction from council. Blaine Gilman, 115 North Willow Street, Kenai -- Gilman, representing SNA, distributed a map showing the property, and explained SNA would like to build a commercial building in Kenai; the building would house their corporate offices, current tenants and potential tenants; they would like a large enough piece of property to accommodate a 'campus' and be centrally located; and, the property is adjacent to another building structure as well as another commercial structure across the street. Because the requested property lies within airport property being considered not to be sold, but offered through long-term leases, Gilman was asked if SNA would be interested in a long-term lease. Gilman answered, that would be a decision of the SNA Board of Directors. Penny Carty, President/CEO Salamatof Native Association -- Noted the following: • SNA was now considering a larger building, perhaps 10,000 sq. ft. o They have reviewed all property the city has available with city administration and there is nothing else they believe would meet their needs. Council stated no objections to the City Manager working with SNA related to the possible purchase of property, however SNA was requested to submit a development plan for the property prior to council's consideration of sale. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2165-2006 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2006 and Ending June 30, 2007. MOTION: Council Member Ross MOVED for the adoption of Ordinance No. 2165-2006 and Council Member Molloy SECONDED the motion. There were no public comments. MOTION TO AMEND: KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 4 Council Member Ross MOVED to amend Ordinance No. 2165-2006 by adding $75,000 to the budget for the shortage in health insurance and Council Member Boyle SECONDED the motion. Ross stated he supported the amendment because of the past increases to the employee's contribution and deductibles; is aware administration is searching for other insurance plans; and, with the increase in the budget, it will keep the employees at the current cost levels until a new plan is found and presented in the next budget year. Council Member Molloy agreed and stated his support. VOTE ON AMENDMENT: *Student Representative Krusen: Yes Yes Moore Yes Swarner Absent rPorter Massie Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. Mayor Porter passed the gavel to Council Member Ross with the approval of Vice Mayor Moore (attending the meeting telephonically). MOTION TO AMEND: Mayor Porter MOVED to amend Ordinance No. 2165-2006 by adding $50,000 to establish branding in the City of Kenai. Council Member Massie SECONDED the motion. Porter explained, if council concurs with the amendment, it would be a one-time contribution from the city and further funding would be done through the Chamber, Visitors Center, and KEDS; other municipalities have instituted branding programs and they have experienced success with their programs; and, the Kenai Chamber, Visitors Center, etc. feel a branding program would be helpful and she believed the city should provide them the tool. Council comments included: • Hesitation to commit due to the required financial burden and a bigger buy -in from other organizations is needed prior to commitment of city funds. • Branding is a private -sector function. • If the budget goes into a deficit, would like it to be for something that will benefit more citizens. KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 5 Support with inclusion in the budget, however it is understood a final determination would be made when an appropriation ordinance would come before council. VOTE ON AMENDMENT: *Student Representative Krusen: Yes Porter I Yes Moore No l Swarner Absent Massie Yes Ross Yes Molloy No Boyle I Yes MOTION PASSED. City Manager Koch reviewed information included in the packet and requested two adjustments to the budget: • Inclusion of $340,760.00 in general fund revenue to reflect a grant from the State of Alaska Department of Commerce, Community & Economic Development for the purpose of defraying increased energy and other costs. f The inclusion of a payment of $289,000 to PERS in addition to what is presently provided for in the proposed budget as a function of percentage of payroll. A brief discussion followed in which it was noted the General Fund budget, with the $50,000 and $75,000 previous amendments, the adjusted deficit/surplus (after the lapse) was in the positive $162,468. Mco a [SWID0i3F.30 Old 177 Council Member Ross MOVED to appropriate $150,000 to the PERS deficit. Council Member Molloy SECONDED the motion. Comments of council included, the amendments requested would leave only a small surplus; hopeful administration and council will watch the budget carefully; if any surplus left at the end of the next fiscal year, it will go toward the PERS deficit; and, the $150,000 was a compromise. *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 6 MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2166-2006 -- Increasing Estimated Revenues and Appropriations by $3,800 in the Senior Citizen Title III Grant Fund for Senior and Disabilities Training. MOTION: Council Member Molloy MOVED for the adoption of Ordinance No. 2166-2006 and Council Member Massie SECONDED the motion. There were no public or council comments. L011 i�B *Student Representative Krusen: Yes Porter Yes 1 Moore i Yes Swarner Absent Massie Yes Ross ( Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2167-2006 -- Increasing Estimated Revenues and Appropriations by $4,210.00 in the General Fund to Pay for Improvements to Police Department Report Writing Stations and a Computer Projector, MOTION: Council Member Molloy MOVED for the adoption of Ordinance No. 2167-2006 and Council Member Ross SECONDED the motion. KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 7 There were no public comments. It was noted, the total seizure from the drug dealer was $4,210. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes � Ross Yes Molloy Yes Boyle Yes I T —I MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family, MOTION: Council Member Molloy MOVED for the adoption of Ordinance No. 2168-2006 and Council Member Massie SECONDED the motion. There were no public comments. Molloy explained, the ordinance would allow a council person continued participation on council if a prolonged illness to the council person or member of immediate family required being away from the area for an extended period of time. He noted, he believed it important all members of the council be present for discussion on the issue. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone action on Ordinance No. 2168-2006 to the June 21, 2006 council meeting. Council Member Ross SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Mollo Yes Boyle Yes KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 8 MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2169--2006 -- Transferring $125,000 From the FY2006 Public Improvements Capital Project Fund to the Boat Launch Capital Project Fund and Transferring $100,000 From the Boat Launch Capital Project Fund to the General Fund. MOTION: Council Member Massie MOVED for adoption of Ordinance No. 2169-2006 and Council Member Molloy SECONDED the motion. There were no public comments. Council comments included: a Concern the priority list of projects approved by council did not include boat launch ramp. Koch explained the plans and specifications had been finalized for the Municipal Park project and approximately $75,000 would be used for new trails, new picnic shelter, and repair of the old shelter; grant funds will be used to drill wells for irrigation (he believed the original estimated cost to be high); the sprinkler system for Leif Hansen Memorial Park would go forward; more funds would be needed for a well to serve VIP Subdivision (fire prevention) and with the high -capacity fill station within a few miles, its use would be preferable; and, funds are available through grants to provide for what is needed in Skateboard Park. Koch also noted, freeing up the funds mentioned, would replace General Fund monies for the boat ramp project; and, indicated he would provide council with plans for the Municipal Park project for the next council meeting. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Molloy Yes Boyle Yes i MOTION PASSED UNANIMOUSLY. E-6. Resolution No. 2006-29 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2006 and Ending June 30, 2007. MOTION: KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 9 Council Member Ross MOVED for the adoption of Resolution No. 2006-29 and Council Member Massie SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Molloy Yes Boyle � Yes MOTION PASSED UNANIMOUSLY. E-7. Resolution No. 2006-30 -- Transferring $9,091 in the General Fund Fire Department for Physical Examinations. MOTION: Council Member Molloy MOVED to approve Resolution No. 2006-30 and Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: Student Representative Krusen: Yes Porter Yes Mo ore Yes Swarner Absent Massie Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-8. Resolution No. 2006-31 -- Supporting the Development of a Copper, Gold and Molybdenum Mine at the Pebble Porphyry Prospect Northwest of Lake Iliamna, Alaska. Removed from the agenda. No action taken. KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 10 E-9. Restaurant/Eating Place Public Convenience Liquor License -- Juan A. Rodriquez, d/b/a Acapulco Restaurant. Approved by consent agenda. E-10. Restaurant Designation Application -- Acapulco Restaurant -- License #4610/Restaurant Resting Place Public Convenience. Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of May 17, 2006. The minutes had been removed from the consent agenda in order for them to be corrected at Page 4, Item E-3, Ordinance No. 2163-2006, changing the Molloy vote from "yes" to "Abstain." MOTION TO AMEND: Council Member Molloy MOVED to correct a technical error and to substitute Page 4 prepared to correct the minutes as outlined on the lay down. Council Member Massie SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent f Massie j Boyle Yes 1 Yes Ross Yes Molloy ;Yes ( j MOTION PASSED UNANIMOUSLY. MOTION: Council Member Molloy MOVED to approve the May 17, 2006 council meeting minutes as corrected and Council Member Massie SECONDED the motion. VOTE: *Student Representative Krusen: Yes KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 11 Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Molloy Yes 1 Boyle Yes MOTION PASSED UNANIMOUSLY. ITEM G: ITEM H: H-1. Bills to be Ratified MOTION: -- None. Council Member Massie MOVED to ratify the bills and Council Member Molloy SECONDED the motion. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Molloy Yes Boyle Yes J MOTION PASSED UNANIMOUSLY. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Molloy MOVED to approve the purchase orders exceeding $15,000 and Council Member Massie SECONDED the motion. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Absent Massie Yes Ross Yes Molloy ,Yes j Boyle Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 12 H-3. Ordinance No. 2170-2006 -- Amending the Hunting Map at KMC 13.15.010 Appendix I to Include Restrictions Imposed Within the Kenai River Special Management Area (KRSMA). Introduced by consent agenda. H-4. Discussion/Schedule Board of Adjustment Hearing Date -- Appeal of Planning & Zoning Commission Approval of PZ06-34 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. Appeal filed by Donald E. Pearce. The Board of Adjustment hearing was scheduled for July 5, 2006 at 5:30 p.m. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- There was no meeting in June. I-2. Airport Commission -- Next meeting scheduled for June 8, 2006. I-3. Harbor Commission -- Council Member Massie reported the next meeting was scheduled to be held on Monday, June 12, 2006. I-4. Library Commission -- Council Member Molloy referred to the meeting summary included in the packet and reported on actions/discussions taken at the meeting. I-5. Parks & Recreation Commission -- It was reported there had been no quorum for the June 1 meeting. I-6. Planning & Zoning Commission -- Council Member Ross noted the minutes of the May 24, 2006 meeting were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter noted the next meeting would be held on Tuesday, June 13. She also referred to the application of Kay Shearer for possible appointment to the Committee. Council stated no objection to Shearer's appointment. I-7b. Alaska Municipal League Report -- No report. KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 13 I-7c. Stranded Gas Committee -- Council Member Ross reported he had attended the May meeting in Anchorage and telephonically attended the June 1 meeting. Resolutions developed and passed by the group were included in the packet. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She attended a meeting with representatives of the Visitors Center and Chamber and discussed selecting a unified identification for Kenai and the design currently used by the Visitors Center was chosen for having printed on t-shirts and caps, etc. Council stated no objections. • Appointed Jason Steen as the city's representative to the Economic Development District Board of Directors. Council stated no objections. • Two representatives from Bolshoy Kamen will be visiting Kenai the week of July 16. • Appointment of two representatives for the next trip to Bolshoy Kamen need to be made at the June 21, 2006 council meeting. • Attended an open house at the 4.0.6 (old Katmai Motel) and learned renovation of the outside of the building is also planned. Attended a reception at the library to welcome Library Director Joiner and City Manager Koch to the city. • Attended the dedication of the cemetery gazebo. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following: Met with citizens related to South Spruce Street beach problems; the Police Department staff will provide increased presence in the area; and, an ordinance related to camp fires on the beach is planned to be introduced at the June 21 meeting. • Met with the State Fire Marshall regarding the fire training facility; the current lessee will be visiting the area in late June and have offered to discuss financial performance of the facility and what they feel could be put in place to make it more financially successful. Y Preparations are underway for dip net season, including vendors, collecting money, and beach access. Reported Little League tournaments will be held in Kenai July 6-10 and July 14-21. Administration noted the designated seasonal vendor area would be by the pay station. K-2. Attorney -- No report. K-3. City Clerk -- Clerk Freas reported, during her absence, Jenifer Lockwood would be covering activities in her office. KENAI CITY COUNCIL MEETING JUNE 7, 2006 PAGE 14 ITEM L: DISCUSSION L-1. Citizens Bob Peters, Old Town, Kenai -- Questioned whether the Erik Hansen Boy Scout Park was available to be used for weddings, etc. Administration was requested to investigate the concern. Marion Nelson, P.O. Box 3612, Kenai -- Nelson noted the following: • She is a member of the Kenai Convention & Visitors Bureau Board of Directors and reported the Board discussed the institution of a branding program at a recent meeting. The Board concurred a branding program would be of benefit to the city. Reminded all of the Kenai River Festival to be held at the park strip during the weekend and urged council to attend and support the Festival. L-2. Council Moore -- No comments. Massie -- No comments. Krusen -- No comments. Ross -- Thanked Koch and Finance Director Semmens for their very good work on the budget material, presentation, etc. Molloy -- No comments. Boyle -- No comments. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:20 p.m. Minutes transcribed and prepared by: AIWOVW BY COUNCIL 6 �/ De - Carol L. Freas, 6ty Clerk C *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 ineeting.