Loading...
HomeMy WebLinkAbout2006-08-16 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 16, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2179-2006 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Airport Fund to Purchase Fire Training Props and Equipment. 2. Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport Administration and Operation), KMC 2 1. 10 (Leasing of Airport Lands), KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing Modification of Existing Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 2 1. 10 (Leasing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside of the Airport Reserve). 3. Resolution No. 2006-47 -- Supporting the City's Application to the Alaska Department of Environmental Conservation SFY 08 Capital Municipal Matching Grant Program for Well No. 2 Water Treatment System Including Water and Sewer Main Connections. 4. Resolution No. 2006-48 -- Directing the Continuation of the Project Entitled "Shamrock Circle" and Designating What Improvements are to be Included in this Project. 5. Resolution No. 2006-49 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. 6. *Liquor License Renewal -- WITHDRAWAL OF PROTEST -- Kings Inn Property Management LLC d/b/a Kings Inn Hotel, Restaurant, Lounge, LLC (Mr. D's)/License #2457 ITEM F: MINUTES *Regular Meeting of August 2, 2006. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2181-2006 -- Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund Library Department for a State Grant. 4. *Ordinance No. 2182-2006 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Police Department for a State Grant. 5. *Ordinance No. 2183-2006 -- Repealing the Existing KMC 7.30 (Airport Land and Terminal) and Replacing It with a New KMC 7.30 (Airport Sale Permanent Fund). 6. *Ordinance No. 2184-2006 -- Amending Portions of KMC 1.56 (Kenai Municipal Library Department) and KMC 1.57 (Library Commission) Regarding Lending Policies, and Replacing the Term "Librarian" with "Library Director." 7. *Ordinance No. 2185-2006 -- Establishing a Central Mixed Use Zone (CMU) at KMC 14.20.125 and Amending the Various Parts of the Kenai Zoning Code by Adding the Provisions to Encompass the New Zone, and Updating Portions of the Land Use Table at KMC 14.22.010. 8. *Ordinance No. 2186-2006 -- Amending Estimated Revenues by $3,580 in the Senior Citizen Title III Fund and Increasing Estimated Revenues and Appropriations by $1,000 in the Senior Citizen Fund. 9. *Ordinance No. 2187-2006 -- Increasing Estimated Revenues and Appropriations by $24,630 in the General Fund to Pay for Attorney's Fees Awarded in the Recreation Center Litigation. 10. Approval -- Amendments to City of Kenai Mini -Grant Overview/Procedures. 11. Approval -- Negotiation of Lease/Alaska Regional Fire Training Facility by Homer Electric Association. 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: 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCU 1. Citizens (five minutes) 2. Council -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING AUGUST 16, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htlp://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: Robert Molloy Mike Boyle Pat Porter, Mayor Joe Moore, Vice Mayor I Linda Swarner Rick Ross A quorum was present. A-3. AGENDA APPROVAL SUBSTITUTE: E-3, Resolution No. 2006-47 -- Supporting the City's Application to the Alaska Department of Environmental Conservation SFY 08 Capital Municipal Matching Grant Program for the Construction of a New Water Transmission Main From Well No. 2, the Construction of a New Sanitary Sewer Main Serving Well House No. 2, Water Treatment System Upgrades, and Other Related Improvements. ADD TO: E-4 -- Resolution No. 2006-48 -- 8/ 14/06 Sarah J. Copple-Blum opposing improvements to Shamrock Circle. MOTION: Council Member Molloy MOVED for approval of the agenda as amended. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 2 MOTION: Council Member Moore MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Swamer SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC BEARINGS E-1. Ordinance No. 2179-2006 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Airport Fund to Purchase Fire Training Props and Equipment. MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2179-2006 and Council Member Moore SECONDED the motion. There were no public comments. City Manager Koch reported the following: • A comprehensive list of the equipment and its condition is being developed. • The purchase agreement will be brought to council for approval. • Administration was confident the equipment is worth far more than $250,000. • Administration believes it is in the best interest of the City to purchase the equipment (including computers, controls, etc.) as a component for leasing the facility to another training entity. • The City would recoup the equipment purchase costs through lease amounts. VOTE: Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Ross Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 3 E-2. Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport Administration and Operation), KMC 2 1. 10 (Leasing of Airport Lands), KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing Modification of Existing Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 2 1. 10 (Leasing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside of the Airport Reserve). Council Member Swarner MOVED for adoption of Ordinance No. 2180-2006 and Council Member Molloy SECONDED the motion. The public hearing was opened and the following commented on Ordinance No. 2180- 2006: Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Eldridge commented as follows: • Understood it was agreed no business plan would be required that would divulge the applicant's source of capital, customer numbers, etc. • Referring to KMC 21.10.040, he believed a bank would not approve a loan without having an approved lease in hand. • Referring to KMC 21.10.040, Section 3, he believed a site plan should be included. • Referring to KMC 21.10.090 (table), he believed the cost of the lease had been increased, felt it excessive, and a $20,000 cost would be more reasonable. • Continue the option to purchase. • The boundary did not reflect what had been discussed previously by the KEDS group. Discussion followed related to the KEDS suggested boundary. Blaine Gilman, 100 Willow Street, Kenai -- Gilman explained he was representing his client, Salamatof Native Association, Inc. (SNA) and thanked administration and the Airport Commission for their work. He reported SNA had been concerned about the boundary reserve and believe their construction project could go forward under either the Administration or Airport Commission's suggested boundaries. Gilman noted, his personal opinion was that because of the growth the city will be facing, comproinise would be needed, and, the city should have the right to sell land as some prospective developers may not be interested in long-term leases. There being no further public wishing to comment, the public hearing was closed. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 4 Council comments included: • The boundary map suggested by the consultants should be provided with a comparison to the boundary currently proposed. • Copies of all modifications should be provided. • Large maps showing the suggested boundaries be placed around the room for the September 6, 2006 council meeting. • KEDS should have an official representative present to speak to its recommendations. • Administration should discuss why it recommended requiring information (discussed by Eldridge) included in business plans. • Attachment C, KMC 21.15.170(a) related to conveyance -- Direct conveyance of parcel(s) by ordinance instead of resolution (which, through the process, would allow a longer amount of time for consideration). • Request to Administration to provide information related to how required business plans would be protected under public records law (KMC 21.10.090). Attorney Graves noted he was drafting language to that effect and would be bringing it to the Commission for review. MOTION TO POSTPONE: Council Member Moore MOVED to postpone action on the ordinance until the next council meeting and Council Member Molloy SECONDED the motion. Mayor Porter asked if Moore wanted to allow for an additional public hearing as well and Moore answered yes. VOTE ON MOTION TO POSTPONE: Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-3. Resolution No. 2006-47 -- Supporting the City's Application to the Alaska Department of Environmental Conservation SFY O8 Capital Municipal Matching Grant Program for Well No. 2 Water -Treatment System Including Water and Sewer Main Connections. E-3a. Substitute Resolution No. 2006-47 -- Supporting the City's Application to the Alaska Department of Environmental Conservation SFY 08 Capital Municipal Matching Grant Program for the Construction of a New Water Transmission Main From Well No. 2, the Construction of a New Sanitary KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 5 Sewer Main Serving Well House No. 2, Water Treatment System Upgrades, and Other Related Improvements. MOTION: Council Member Molloy MOVED to adopt Substitute Resolution No. 2006-48 and Council Member Moore SECONDED the motion. There were no public comments. City Manager Koch explained the original resolution spoke at length about treatment of water to remove color at Well No. 2; he believed the removal of color in the water was secondary and would not offer a compelling reason to rank the application high for funding; and, the main compelling reason for funding is to bring in a second line into the city and replace the old asbestos line. He added, the second transmission line would assist in upgrading the water quality. VOTE: Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2006-48 -- Directing the Continuation of the Project Entitled "Shamrock Circle" and Designating What Improvements are to be Included in this Project. MOTION: Council Member Moore MOVED for approval of Resolution No. 2006-48 and Council Member Swarner SECONDED the motion. Sarah Copple-Blum, 1717 E. Aliak, Lot 2 -- Because her property has no direct access from Shamrock Circle, she requested her property be exempt from the assessment. She suggested the cost of what would be her assessment be recouped through property taxes of the properties accessed by Shamrock Circle. Discussion followed with comments including: • Concerns the number those signing the petition were not a large majority of the property owners. • Corner lots are always an issue. • Experience with other corner lots in paving projects has been the remaining property owners in the proposed district have divided the cost of the corner lot between them. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 6 • One of the properties is being sold and both the realtor and the current owner have discussed the process with administration. 6 It is not appropriate the city participate in discussions between the property owners related to the possibility of dividing the corner lot costs. MOTION TO TABLE: Council Member Moore MOVED to table Resolution No. 2006-48 until such time Administration thinks it should come back for consideration. Council Member Ross SECONDED the motion. VOTE: Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-5. Resolution No. 2006-49 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. 16 WI 6 [a]i}il Council Member Molloy MOVED to approve Resolution No. 2006-49 and Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: Molloy Yes Boyle Yes Porter Yes Moore Yes Swamc Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-6. Liquor License Renewal -- WITHDRAWAL OF PROTEST -- Kings Inn Property Management LLC d/b/a Kings Inn Hotel, Restaurant, Lounge, LLC (Mr. D's)/License #2457 Approved by consent agenda. ITEM F: MINUTES KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 7 F-1. Regular Meeting of August 2, 2006 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. H-1. Bills to be Ratified MOTION: Council Member Swarner MOVED to approve the payments over $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: 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 requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:03 P.M. BACK TO ORDER: 8:14 P.M. H-3. Ordinance No. 2181-2006 -- Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund Library Department for a State Grant. Introduced by consent agenda approval. H-4. Ordinance No. 2182-2006 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Police Department for a State Grant. Introduced by consent agenda approval. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 8 H-5. Ordinance No. 2183-2006 -- Repealing the Existing KMC 7.30 (Airport Land and Terminal) and Replacing It with a New KMC 7.30 (Airport Sale Permanent Fund). Introduced by consent agenda approval. H-6. Ordinance No. 2184-2006 -- Amending Portions of KMC 1.56 (Kenai Municipal Library Department) and KMC 1.57 (Library Commission) Regarding Lending Policies, and Replacing the Term "Librarian" with "Library Director." Introduced by consent agenda approval. H-7. Ordinance No. 2185-2006 -- Establishing a Central Mixed Use Zone (CMU) at KMC 14.20.125 and Amending the Various Parts of the Kenai Zoning Code by Adding the Provisions to Encompass the New Zone, and Updating Portions of the Land Use Table at KMC 14.22.010. Introduced by consent agenda approval. H-8. Ordinance No. 2186-2006 -- Amending Estimated Revenues by $3,580 in the Senior Citizen Title III Fund and Increasing Estimated Revenues and ADDrODriations by S 1.000 in the Senior Citizen Fund. Introduced by consent agenda approval. H-9. Ordinance No. 2187-2006 -- Increasing Estimated Revenues and Appropriations by $24,630 in the General Fund to Pay for Attorney's Fees Awarded in the Recreation Center Litigation. Introduced by consent agenda approval. H-10. Approval -- Amendments to City of Kenai Mini -Grant Overview/Procedures. MOTION: Council Member Swarner MOVED to approve the Amendments to the city of Kenai Mini -Grant Overview/Procedures and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 9 H-11. Approval -- Negotiation of Lease/Alaska Regional Fire Training Facility by Homer Electric Association. Discussion followed related to a request made by Molloy to delay the approval of the lease negotiation to allow time for City Manager Koch to meet with the educational subcommittee of the KEDS Team. Comments included: • A task of the subcommittee is to work with the city to explore the possibility of situating a vocational school in Kenai. • Reasonable to discuss the possibility with the group as an alternative, but would want a comparable equivalent value return and if it is not, the city manager should go forward with the Homer Electric Association, Inc. (HEA) proposal. • The city would perform the snow removal and maintenance, but the city would be reimbursed for those expenses. HEA's board has allocated funding and want to move in between September 1 and 15 if council aggress to the $55,000/year rent. • No previous discussion had been held with the subcommittee. • The initial term would be for three years with mutually agreed two-year extensions as well as an escalation clause included based on fair market value. • A tour of the facility as a consideration for charter school was held, but it was found the facility and the fire training activities would not be compatible. • Concerns were expressed a lease with HEA could possibly tie the availability of the building up for three to seven years. MOTION: Council Member Moore MOVED to authorize the City Manager to negotiate a three to seven-year lease with Homer Electric Association for approximately 3,800 square feet of the Alaska Regional Fire Training Facility. Council Member Swarner SECONDED the motion. VOTE: Molloy No Bo le No Porter Yes Moore I Yes Swarner Yes Ross Yes MOTION PASSED. ITEM I: I-1. Council on Aging -- Council Member Molloy referred to the meeting summary included in the packet and reviewed actions/discussions taken at the August 3 meeting. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 10 I-2. Airport Commission -- Council Member Molloy referred to the meeting summary included in the packet and reviewed actions/discussions taken at the August 10 meeting. I-3. Harbor Commission -- The meeting was cancelled and the next meeting is scheduled for September 11, 2006. I-4. Library Commission -- Council Member Molloy reported the meeting summary was included in the packet and noted, no quorum was available. All were reminded of the open house planned for Friday, August 18 in honor of Linda McNair's retirement. I-5. Parks & Recreation Commission -- Council Member Moore referred to the meeting summary included in the packet and reported there was no quorum available for the August 3 meeting. I-6. Planning & Zoning Commission -- Council Member Moore referred to the minutes of the August 9 meeting (included in the packet) and reviewed actions taken. Mayor Porter recommended the appointment of Roy Wells to the Planning & Zoning Commission. Council stated no objections. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter referred to the meeting summary of the August 8 meeting and reviewed actions and discussions. I-7b. Alaska Municipal League Report -- Council Member Swarner reported she and Mayor Porter attended the AML summer meeting in Homer and reviewed issues discussed. She also noted Kathy Wasserman, former mayor of Pelican, was appointed as the new executive director. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She, Council Member Swarner and representatives of city administration participated in a tour of the Pebble Mine Project. • The Industry Appreciation Picnic will be held on August 26. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: • Requested council to contact him or Attorney Graves regarding suggested changes to the Airport Reserve boundary and amendments to Title 21. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 11 The proposed date for the city auction is September 16 (either auction or sealed bid). K-2. Attorney -- Attorney Graves noted Administration is drafting a code amendment ordinance related to mobile homes and trailer parks. The ordinance will be reviewed by the Planning & Zoning Commission prior to being presented to council. K-3. City Clerk -- Clerk Freas noted the following: • A special Airport Commission meeting will be held on Monday, August 21, 2006, beginning at 3:00 p.m. • The candidacy period for election of council seats ended on August 15 and the candidates for the two three-year term seats are Rick Ross and Robert Molloy (encumbents), and the candidates for the one, one-year seat are Barry Eldridge and Anthony Lewis. ITEM L: DISCUSSION L-1. Citizens - None. L-2. Council -- Boyle -- Stated his concerns of making major changes to what the airport consultants recommended in their review of the airport code. Molloy -- No comments. Ross -- No comments. Swarner -- • Requested maps be available for review related to the suggested Airport Reserve boundary at the Special Airport Commission meeting and the Council meeting when the amendments to the code will be addressed. Food Bank Soup Supper tickets are available. Moore -- Stated concerns related to the LID process and suggested a code amendment be considered to address corner lots. EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:45 p.m. KENAI CITY COUNCIL MEETING AUGUST 16, 2006 PAGE 12 Minutes submitted by: Carol L. Freas, City Clerk Am' OYM BY COUNCR 5 c