HomeMy WebLinkAbout2009-01-21 Council MinutesAGENDA
KENAI CITY COUNC%L -REGULAR MEETING
JANUARY 21, 2009
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
I~ttp: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Al1 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.
%TEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
Jennifer Olendorff, Program 8s Grant Coordinator/Peninsula
Smokefree Partnership -- Teens Against Tobacco Use (TATU)
Presentation.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and
KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of
the Agenda and Replacing Them with a New Section KMC 1.15.040
Entitled, Agenda and Packet -Development-Preparation-Distribution-
Publication-Late Materials.
a. Ordinance No. 2347-2008, Substitute A -- Repealing the
Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding
Preparation, Distribution and Publication of the Agenda and
Replacing Them with a New Section KMC 1.15.040 Entitled,
Agenda and Packet -Development-Preparation-Distribution-
Publication-Late Materials.
(Clerk's Note: Ordinance No. 23472008 and Substitute Ordinance No. 2347-2008
are pending: The original Ordinance No. 234-2008 was introduced at the September
3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table
from the September 1 ~, 2008 meeting; a motion to postpone (with no time certain) and
schedule a work session on the ordinances followed and was passed; and, a work
session was held on October 15, 2008.)
b. Ordinance No. 2347-2008, Substitute B -- Repealing the
Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding
Preparation, Distribution and Publication of the Agenda and
Replacing Them with a New Section KMC 1.15.040 Entitled,
Agenda and Packet -Development-Preparation-Distribution-
Publication-Late Materials.
(Clerk's Note: Procedure -- One of the three following motions:
-- A motion to remove from the Table the original Ordinance No. 2347-2008;
-- A motion to remove Ordinance No. 2347-2008, Substitute A;
-- A motion to adopt Ordinance No. 2347-2008, Substitute B; OR,
-- No action would leave Ordinance No. 2347-2008 on the table.)
2. Ordinance No. 2373-2009 -- Donating Certain Foreclosed City-Owned
Properties Described as Lots 9-13 Block 12, Mommsens Subdivision
Replat of Addn. 1 8v 2 (Parcels 039-102-23 Through 039-102-27), to
Habitat for Humanity for Construction of Housing.
3. Ordinance No. 2374-2009 -- Increasing Estimated Revenues and
Appropriations by $130,000 in the Congregate Housing Enterprise Fund
and the Congregate Housing Capital Project Fund for Replacement of the
Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate
Housing Facility.
4. Resolution No. 2008-68 -Approving the Financial Disclosure Statement
Form for City of Kenai Municipal Officers and Candidates Pursuant to
KMC 1.85.
(Clerk's Note: Resolution No. 2008-68 was postponed at the December 3, 2008 council
meeting to attow for an ordinance to move forward, amending KMC 1.85.020 to change
the threshold amount of income, business interests, loans, trusts and other financial
transactions that must be reported on the city's financial disctosure form from $1, 000 to
$5, 000 and incorporate those amounts into the Statement form.)
5. Continuation of Liquor Licenses -- PROTESTS
• Amy Bowen, d/b/a One Stop Liquor
• Alaskaianes, Inc., d/b/a Aiaskalanes Bowling Center
• Kenai Landing Inc, d/b/a Kenai Lcettding
6. *Approval off Liquor License Renewals
Peninsula Moose Lodge #1942
BPO Elks Lodge #2425
The Rainbow Bar
Kenai Golf Course
Peninsula Oilers
ITEM F: MINUTES
*Regular Meeting of January 7, 2009.
ITEM G:
ITEM H: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinanee No. 2375-2009 -- Amending KMC 23.50.010(c) Changing
the Range that Police Trainees are Paid While at the Police Academy in
Sitka from a Range 2 to a Range 2, Step F.
4. *Ordinance No. 2376-2009 -- Increasing Estimated Revenues and
Appropriations by $4,000 in the General Fund Fire Department for a
State Grant.
5. *Ordinance No. 2377-2009 -- Increasing Estimated Revenues and
Appropriations by ~w200,500 in the Airport Special Revenue Fund and the
Courthouse Parking Capital Project Fund for Construction.
6. *Ordinance No. 2378-2009 -- Increasing Estimated Revenues and
Appropriations by $5,41'7 in the General Fund for State Traffic Grant
Overtime Expenditures.
7. *Ordinanee No. 2379-2009 -- Authorizing a Budget Transfer of $10,000
From the General Fund Parks to the General Fund Non-Departmental
and Increasing Estimated Revenues and Appropriations by $10,000 in
the Dunes Rehabilitation Capital Projects Fund for Protective Fencing.
8. *Ordinance No. 2380-2009 -- Appropriating $325,000 From Airport
Funds to Purchase Certain Improvements on Property Known as Tract A-
1-A, Baron Park Subdivision, Fire Addition From the University of
Alaska.
Discussion/Approval -- Authorization of Rezoning
Application/Properties Along the Kenai Spur Highway Corridor
Consistent with the Comprehensive Plan Goals and to Provide
Development Options for Those Properties (From Rural Residential 1 and
Conservation to Limited Commercial).
ITEM Y: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning 8s Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Mini-Grant Steering Committee
d. Advisory Cemetery Committee
e. Kenai Convention & Visitors Bureau
f. Salmon Task Force
ITEM J: REPORT OP THE MAYOR
ITEM K:
i. City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
ITEM M: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RRl) to
Limited Commercial (LC).
Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to
$500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first
meeting in. July, 2009, to allow for further consideration of a salary increase during the
budget FYI O budget process.)
-- None Scheduled
ITEM N: ADJOURNMENT
KENAI CITY COUNCIL -REGULAR MEETING
,rANUARY 2I, 2009
7:0o P.M.
KENAI C%TY COUNCIL CHAMBERS
b.ttp: / /wcvw.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:
Pat Porter, Mayor Hal Smalley Joe Moore
Barry Eldridge ( Rick Ross, Vice Mayor Robert Molloy j
Mike Boyle
A quorum was present.
Also present: Student Representative Maya Johnson
A-3.
AGENDA APPROVAL
The following changes were requested:
ADD TO: E-I(b', Ordinance No. 2347-2008, Substitute B -- Updated comparison
table submitted by Counselor Molloy.
ADD TO: E-2, Ordinance No. 2323-2009 -- Suggested amendment to paragraph 2
of the 'now, therefore' paragraph.
ADD TO: H-9, DiseussionJApproval -- Authorization of Rezoning Application --
Kevin and Robin Dix email objecting to PZ09-O1.
MOVE: H-9, Discussion/Approval -- To be heard prior to Public Hearings.
ADD TO: I-7a, Beautification Commsttee Report -- Application of Tricia Canady
for appointment consideration.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 2
MOTION:
Council Member Smalley MOVED for approval of the agenda with the requested
changes and Council Member Eldridge SECONDED the motion. There were no
objections. SO ORDERED.
A-4. CONSENT AGENDA
MOTION:
Council Member Eldridge MOVED to approve the consent agenda as presented and
Council Member Smalley SECONDED the motion. There were no objections. SO
ORDERED.
YTEM B-
(10 minutes)
B-1. Jennifer Olendorff, Program & Grant Coordinator/Peninsula
Smokefree Partnership -- Teens Against Tobacco Use (TATU)
Presentation.
Olendorff explained she and students from area schools were before council to assist
in educating the community about tobacco use and second-hand smoke. Students
were introduced who gave a brief video presentation and group demonstration related
to hazards of smoking.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
Mark Schrag, 312 Princess Lane, Kenai -- Quoting Bible passages, Schrag stated
concerns of the process related to the rezone issue and requested council work with
him to achieve a good result.
John Parker, 908 Highland, Kenai -- Stated his support of the no-smoking initiative.
Parker also noted the Central Peninsula Hospital is a smoke-free campus, but without
a smoking ban ordinance, maintaining asmoke-free campus cannot be enforced.
Cindy Stonecipher, 47117 Lexington, Kenai -- Spoke in opposition to a no-smoking
initiative, noting it was good to inform the public, but felt it should be the business
owner's right to operate as he/she wished.
Tiffany Grimm, 1536 Stellar, Kenai -- Stated she was advocating against second-
hand smoke, noting she felt it was a person's right to smoke, but not to subject her to
it and the business should protect the general public.
ITEM D: REPORTS OF KPB ASSEMBLY LEGYSLATORS AND COUNCYLS
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 3
Assembly Member Smalley gave a brief report of actions and discussions that took
place at the January 20, 2009 Borough Assembly meeting.
H-9. Discussion/Approval -- Authorization of Rezoning
Application/Properties Along the Kenai Spur Highway Corridor
Consistent with the Comprehensive Plan Goals and to Provide
Development Options for Those Properties (From Rural Residential 1 and
Conservation to Limited Commercial).
Item H-9 was heard prior to the public hearings near the start of the meeting.
City Manager Koch explained, council's authorization would memorialize council
direction for administration to initiate the rezone of properties along the Kenai Spur
Highway Corridor. If council approved his authorization, he would submit the
application to the Planning 8v Zoning Commission for review and consideration.
Though it was not a public hearing item, Mayor Porter, with no objection from council,
opened the floor for public comment and noted, comments would be limited to a three-
minute time allotment.
Gloria Wik, 707 Magic Avenue, Kenai -- Spoke in opposition to the rezoning, noting
she had lived in that area for ten years after moving from Beaver Loop; the area was
shielded from the highway and city, but close to shopping, etc.; she had not been
notified by the city; and, opposed the rezoning and requested council to reconsider the
application.
Colleen Ward, 70~ Magic Avenue, Kenai -- Requested council to not go forward with
the application to allow neighborhood property owners to pursue a mutually beneficial
end; explained the property owners were exploring an idea; did not have a specific
timeline when the idea could be discussed with administration; did not want
administration involved yet; if council moved forward with the application and it was
sent to the Commission, they would stop their focus on the idea they felt would be
mutually beneficial and turn their attention to the rezone application.
Chuck Winegarden, 309 Princess Lane, Kenai -- Stated he supported the 2003
Comprehensive Plan, but did not see how the rezone fit within the parameters of the
Comprehensive Plan.
Russell Sonberg, 410 Cinderella Lane, Kenai -- Stated his opposition to the rezone,
noting he felt it would threaten the neighborhood and would change the neighborhood
if it was zoned Limited Commercial.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 4
Becky Espy, 903 Magic Avenue, Kenai -- Stated her opposition to the rezone and
requested council not to move the application forward to allow the property owners to
explore other ideas.
Wally Ward, 708 Magic Avenue, Kenai -- Stated he enjoyed growing up in the MAPTS
area; questioned why put a spot or strip zone there; thought there was a lack of
planning and development; and, encouraged council to do responsible development.
Janine Espy, 403 McCollum Drive, Kenai -- Stated she would like more time to
develop other ideas; noted there were four of the fourteen property owners in support
of the rezone; and, stated she thought the rezone would allow Limited Commercial to
come into the neighborhood.
CYreg Daniels, 426 Rogers Road, Kenai -- Stated he lived across from the rezone
area; noted he was opposed to rezoning of the area; and, thought more time should be
allowed to find a solution.
Walt Ward, 708 Magic Avenue, Kenai -- Stated his opposition to the rezone and
wanted the area to remain as an RRl zone; the commercial zone should stop at No-
Name Creek and Walker Lane; requested the application be delayed; and, stated he
wanted to see wise development and rejuvenation/rebuilding of the city center.
Debbie Sonberg, 410 Cinderella Street, Kenai -- Referred to Maps 10 and 11 of the
Comprehensive Plan; stated she did not think the rezone would comply with the
Comprehensive Plan; and, thought the proposed rezone would be contrary to the
intent of RR1 and LC zones.
Kellie Wannamaker, 603 Magic Avenue, Kenai -- Stated the area was a desirable
neighborhood and requested council to allow time for the development of a proposal
that would work for everyone.
Patrscia Falkenberg, 399 McCollum Drive, Kenai -- Stated she was willing to
compromise but not willing to be compromised, gave a history of the neighborhood,
and began reading into the record a statement in opposition to the rezone (finished
reading the statement at public comments at the end of the meeting).
Jarrod Daniels, 305 Hutto, Kenai -- Stated the area was not a deteriorating
neighborhood and stated his opposition to the rezoning of the area.
Bill ®sboxn, 423 Rogers Road, Kenai -- Stated he believed there was a lot of land in
the city to develop into commercial property and opposed the rezone.
There being no one else wishing to speak, the floor was closed to public comment.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 5
BREAK TAKEN: 8:30 P.M.
BACK TO ORDERc 8:40 F.M.
PRO'1'ION:
Council Member Ross PROVED to direct the city manager to submit the application to
the Planning 8r, Zoning Commission. Council Member Eldridge SECONDED the
motion.
Council comments included:
• Not supportive of the motion as council was being asked to initiate a
zone but had no standard on what to base their decision, not convinced the rezone
would be consistent with the Comprehensive Plan, and there should be a compelling
public purpose why to do a rezone that would outweigh concerns of the residents.
• Did not see a push for the rezone, did not think 60 days would be a
problem to hold action on the issue, and did not support the process.
• The issue would return to council as an ordinance and council could
table or postpone the ordinance at that time.
• There was no code requirement of when the issue would need to return
to council after a recommendation was received from the Commission.
• Concern the property owners did not have a clear understanding of the
limited commercial zone.
• Thankful for the public input and hoped to do the right thing for the
neighborhood's peace.
• The majority of the property owners were not supportive of the rezone
and therefore would vote no on the motion.
• Administration could be directed to hold an ordinance from being
introduced until the middle of March and the public hearing held at the first meeting
in April which would give the property owners a commitment of timing and some
surety of what the process would be.
VOTE:
* Student Representative Johnson: No
Porter Yes Smalley ___ ~ No Moore _ Yes _
Eldridge Yes Ross (Yes Molloy ~ 1Vo
Boyle __ ~ No _ - ~
MOTYON PASSED.
PlIO1'%ON:
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 6
Council Member Ross MOi7ED to direct administration not to calendar any ordinance
for introduction prior to the second meeting in March. Council Member Moore
SECONDED the motion.
VOTE:
* Student Representative Johnson: Yes
Porter Yes , Smalle Yes ~ Moore Yes
Eldrid e Yes Ross Yes Mollo Yes
Bo le Yes '
MOTION PASSED UNANIMOUSLY.
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
E-I. Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and
KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of
the Agenda and Replacing Them with a New Section KMC 1.15.040
Entitled, Agenda and Packet -Development-Preparation-Distribution-
Publication-Late Materials.
E-la. Ordinance No. 2347-2008, Substitute A -- Repealing the Existing KMC
1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and
Publication of the Agenda and Replacing Them with a New Section KMC
1.15.040 Entitled, Agenda and Packet -Development-Preparation-
Distribution-Publication-Late Materials.
(Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are
pending: The original Ordinance No. 2347-2008 was introduced at the September 3,
2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table
from the September 17, 2008 meeting; a motion to postpone (with no time certain) and
schedule a work session on the ordinances followed and was passed; and, a work
session was held on October I5, 2008.)
E-Ib. Ordinance No. 2347-2008, Substitute B -- Repealing the Existing KMC
1.15.040 and KMC 1.15.050(e) Regarding Preparation, Distribution and
Publication of the Agenda and Replacing Them with a New Section KMC
1.15.040 Entitled, Agenda and Packet -Development-Preparation-
Distribution-Publication-Late Materials.
(Clerk's Note: Procedure -- One of the three following motions:
-- A motion to remove from the Table the original Ordinance No. 2347-2008;
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 7
-- A motion to remove Ordinance No. 2347-2008, Substitute A;
-- A motion to adopt Ordinance No. 2347-2008, Substitute B; OR,
-- No action would leave Ordinance No. 2347-2008 on the table.)
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2347-2008, Substitute B and
Council Member Boyle SECONDED the motion.
The floor was opened for public hearing.
Colleen Ward, 708 Magic Avenue, Kenai -- Stated her support for the ordinance,
Substitute B.
Debbie Sonberg, 410 Cinderella, Kenai -- Stated her support of the ordinance,
Substitute B.
Becky Espy, 903 Magic Avenue, Kenai -- Stated her support of the ordinance,
Substitute B and noted support of placing audio of council meetings on line.
Janine Espy, 403 McCollum Drive, Kenai -- Stated her support of the ordinance,
Substitute B; believes it would slow processes down; and would like to see written
procedures and the ordinance.
With no others wishing to be heard, the public hearing was closed.
Council comments included:
• Ordinance was written to make the process more open and improve
accessibility for the public.
• Administration pointed out concerns with getting assignments done
timely.
• Would like Administration to consider the ordinance in a positive view.
• Suggestion council hold committee meetings during the day prior to the
council. meeting to discuss concerns, proposed amendments, etc.
s Request for City Clerk suggestions to be incorporated into the ordinance.
• Concern expressed the ordinance would not allow sufficient time for
Administration to research issues when requested by council and would cause need
for more lay-downs for a meeting.
• Support for many of the ideas, suggested many of the ordinance issues
be presented as a policy and put them into play to see how they work instead of
codifying them.
• Suggestion to table the ordinance and work through policy development,
then see what would be needed in the ordinance.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 8
• Suggestion to delay the ordinance to allow the Clerk, City Attorney, and
City Manager to incorporate comments made, identify what they believed should be
policy and what should be codified, and then hold a work session to review.
• Suggestion the ordinance be postponed and direct Administration to
develop a policy, how to make an earlier publication of the agenda work.
• Suggestion the ordinance be postponed and carry the ordinance as
pending legislation on the meeting agendas.
• A suggested timeline for returning the policy within 60 days.
MOTION TO TABLE:
Council Member Ross MOVED to table Ordinance No. 2347-2008 and the Clerk carry
it as an item of pending legislation on the agenda. Council Member Eldridge
SECONDED the motion.
VOTE ON MOTION TO TABLE:
* Student Representative Johnson: Yes
Porter Yes Smalley Yes Moore Yes
__
Eld it egdit egd Yes Ross Yes Molloy ~ Yes
Boyle Yes I
MOTION PASSED UNANIMOUSLY.
E-8. Ordinance No. 8373-2009 -- Donating Certain Foreclosed City-Owned
Properties Described as Lots 9-13 Block 12, Mommsens Subdivision
Replat of Addn. 1 & 2 (Parcels 039-102-23 Through 039-102-27), to
Habitat for Humanity for Construction of Housing.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2373-2009 and
Council Member Moore SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
Council Member Smalley stated he had a potential conflict as he was a member of the
board of directors of Habitat for Humanity, he received no compensation for his
services, and the donation would directly affect Habitat for Humanity. City Attorney
Graves noted, under the new ethics code, Smalley had a financial interest and
recommended he declare a conflict. There were no objections from council.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 9
MOTION TO AMEND:
Council Member Eldridge MOVED to amend paragraph (2) of the "now, therefore" of
Ordinance No. 2373-2009 to read:
Up to five parcels will be granted for construction. The grants will be
according to the following timeline: One parcel will be granted for the
2009 construction season. Construction must be complete on that
parcel in 2010. Upon timely completion of that project, the second
parcel may be granted. The second project must be completed in 2012.
Upon timely completion of the second project, a third parcel may be
granted. The third project must be completed by 2014. Upon timely
completion of the third project, a fourth parcel may be granted. That
project_must be completed in 2016. Upon timely completion of the
fourth project, a fifth parcel may be granted. The fifth project must be
completed in 2018.
Council Member Molloy SECONDED the motion.
VOTE ON MOTION TO AMEND:
* Student Representative Johnson: Yes
Porter Yes Smalley Abstain Moore Yes
Eldridge Yes Ross Yes Molloy Yes
Boyle Yes ~ ~
MOTION PASSED UNANIMOUSLY.
VOTE ON MOTION AS AMENDED:
* Student Representative Johnson: Yes
Porter Yes Smalie Abstain Moore Yes
Eldridge Yes ~ Ross ,Yes ~ Molloy ~ Yes
Bo le Yes ~
-- - --
MOTION PASSED UNANIMOUSLY.
E-3. Ordinance No. 23?4-2009 -- Increasing Estimated Revenues and
Appropriations by $130,000 in the Congregate Housing Enterprise Fund
and the Congregate Housing Capital Project Fund for Replacement of the
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 10
Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate
Housing Facility.
MOTION:
Council Member Smalley MOVED for adoption of Ordinance No. 2374-2009 and
Council Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
* Student Representative Johnson: Yes
Porter Yes Smalley Yes Moore Yes
~ldridge ~ Yes ~ Ross Yes Molloy Yes
Boyle ~ Yes
MOTION PASSED UNANIMOUSLY.
E-4. Resolutioxa No. 2008-68 -Approving the Financial Disclosure Statement
Form for City of Kenai Municipal Officers and Candidates Pursuant to
KMC 1.85.
(Clerk's Note: Resolution No. 2008-68 was postponed at the December 3, 2008 council
meeting to allow for an ordinance to moue fonuard, amending K1VIC 1.85.020 to change
the threshold amount of income, business interests, loans, trusts and other financial
transactions that must be reported on the city's financial disclosure form from ,$'1,000 to
$'5,000 and incorporate those amounts into the Statement form.)
MOTION:
Council Member Smalley MOVED for approval of Resolution No. 2008-68 and
requested UNANYMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 11
E-5. Continuation of Liquor Licenses -- PROTESTS
• Amy Bowen, d/b/a One Stop Liquor
• Alaskalanes, Inc., d/b/a Alaskalanes Bowling Center
• Kenai Landing Inc, d/b/a Kenai Landing
Clerk Freas referred to her memorandum included in the packet noting amounts were
owed by the three licensees. Freas explained, since the memorandum was prepared,
the Alaskalanes, Inc. account had been brought current. Freas requested the motion
to protest not include Alaskalanes, Inc.
MOTION:
Council Member Smalley MOVED to direct the City Clerk to forward a letter protesting
the continued operation of the Amy Bowen, d/b/a One Stop Liquor and Kenai Landing
Inc., d/b/a Kenai Landing liquor licenses if accounts were not current by Friday,
January 30, 2009. Council Member Ross SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
E-Es. Agpsroval of Liquor Lacense Renewals
Peninsula Moose Lodge # 1942
BPO Elks Lodge #2425
The Rainbow Bar
Kenai Golf Course
Peninsula Oilers
Approved by consent agenda
ITEM F: MINUTES
F-1. Regular Meeting of January 7, 2009 -- Approved by consent agenda.
ITEM G: UNFINISHED BUSINESS -- None.
%TEM H: NEW BUSINESS
H-l. Bills to be Ratified
MOTION:
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 12
Council Member Smalley MOVED to ratify the bills and requested UNAN%MOUS
CONSENT. Council Member Eldridge SECONDED the motion. There were no
objections. SO ORDERED.
H-2. Approval of Purchase Orders Exceedsng $15,000
MOTION:
Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000
and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the
motion. There were no objections. SO ORDERED.
H-3. Ordinance No. 2375-2009 -- Amending KMC 23.50.010(c) Changing the
Range that Police Trainees are Paid While at the Police Academy in Sitka
from a Range 2 to a Range 2, Step F.
Introduced by approval of consent agenda.
H-4. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and
Appropriations by $4,000 in the General Fund Fire Department for a
State Grant.
Introduced by approval of consent agenda.
H-5. Ordinance No. 2377-2009 -- Increasing Estimated Revenues and
Appropriations by $200,500 in the Airport Special Revenue Fund and the
Courthouse Parking Capital Project Fund for Construction.
Introduced by approval of consent agenda.
H-6. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and
Appropriations by $5,417 in the General Fund for State Traffic Grant
Overtime Expenditures.
Introduced by approval of consent agenda.
H-7. Ordinance No. 2379-2009 -- Authorizing a Budget Transfer of $10,000
From the General Fund Parks to the General Fund Non-Departmental
and Increasing Estimated Revenues and Appropriations by $10,000 in
the Dunes Rehabilitation Capital Projects Fund for Protective Fencing.
Introduced by approval of consent agenda.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 13
H-8. Ordinance No. 2380-2009 -- Appropriating X325,000 From Airport
Funds to Purchase Certain Improvements on Property Known as Tract A-
1-A, Baron Park Subdivision, Fire Addition From the University of
Alaska.
Introduced by approval of consent agenda.
H-9. Discussion/Approval -- Authorization of Rezoning
Application/Properties Along the Kenai Spur Highway Corridor
Consistent with the Comprehensive Plan Goals and to Provide
Development Options for Those Properties (From Rural Residential 1 and
Conservation to Limited Commercial).
Moved forward and heard prior to public hearings. See H-9 below
ITEM I: COMMISSION/COMMYTTEE REPORTS
I-I. Council on Aging -- Council Member Ross reviewed discussions held
during the January 8, 2009 Council on Aging meeting and noted, the meeting
summary was included in the council packet.
Mayor Porter noted the Council on Aging wished to appoint Fiocla Wilson as a
honorary member which would make a vacancy on the Council. Freas was requested
to prepare a thank you letter to send to Wilson.
I-2. Airport Commission -- Council Member Eldridge referred to the
January 8, 2009 meeting summary included in the packet. He noted, he would not be
available to attend the February 12 meeting and that Council Member Moore would
attend for him. Eldridge added, he would also miss the February 18, 2009 council
meeting.
I-3. Harbor Commission -- Council Member Smalley reviewed the summary
of the January 12, 2009 meeting included in the packet.
Mayor Porter noted the resignation of Dennis Gregory from the Harbor Commission
and the Advisory Cemetery Committee, which was included in the packet. Freas was
requested to prepare a thank you letter for Mr. Gregory.
I-4. Library Commission -- Council Member Boyle reported the next meeting
would be February 3, 2009.
Y-5. Parks & Recreation Commission -- Council Member Moore referred to
the summary of the January 15, 2009 meeting which was included in the packet.
Mayor Porter noted the inclusion of the re-application of Fina Kiefer in the council
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 14
packet and stated her intent to reappoint Kiefer to the Commission. There were no
objections from council.
I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the
minutes of the January 14, 2009 Commission meeting and noted the next meeting
would be held on January 28, 2009.
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee -- Council Member Porter reported there was
no quorum available for the January 13, 2009 special meefing, however a short work
session was held.
Porter referred to an application from Tricia Canady included in the packet and noted
her intent to appoint Canady to the Committee. Council had no objections to the
appointment.
I-7b. Alaska Munscipal League Report -- Council Member Smalley reported
the following:
• He would be traveling to Juneau for the AML winter meeting from
January 27-29, 2009.
• Assembly Member Bill Smith (Homer) had applied for appointment to the
AML Board of Directors.
I-7c. Mini-Grant Steering Committee -- Council Member Moore reported a
meeting was being scheduled to review an application received.
I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported no
quorum was present for the January 15, 2009, however a brief work session was held.
Eldridge reported Council Member Ross would attend the February 19, 2009 meeting
for him.
I-7e. Kenai Convention & Visitors Bureau -- Council Member Boyle reported
the next meeting would be held on January 26, 2009.
I-7f. Salmon Task Force -- Council Member Moore reported the summary of
the January 20, 2009 meeting was included in the packet. He noted, the Task Force
had questioned how council would like them to present their preliminary
recommendations and a work session with council had been suggested. Council had
no objections. A date for the work session would be scheduled at the February 4,
2009 council meeting.
Council Member Molloy reported he would teleconference in for the February 18, 2009
council meeting.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 15
ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following:
• She met with Senator Murkowski's aide and discussed the Economic
Stimulus Package).
• She attended the Habitat for Humanity open house and dedication.
s She met with representatives of ConocoPhillips to discuss their decreased
philanthropic program.
• She and City Manager Koch met with local Native groups to discuss
items of mutual interest. They plan to meet quarterly.
ITEM K: ADMINYSTRATION REPORTS
K-1. City Manager -- City Manager Koch reported the following items:
• He would be traveling to Juneau January 27-29, 2009.
• He would be applying for STIP funds for the upgrade of the Spur Highway
between Kenai and Soldotna and a pathway across the river flats.
• He had been working with the Washington, DC lobbyist and noted he
may have to travel to DC to discuss the City's stimulus package projects with the
Congressional delegation.
• He was working on the budgets and suggested meeting in a work session
with council to discuss cost of living allowance for employees.
• He reminded all of the Hockey Booster Club's fundraiser on January 25,
2009.
A suggestion was heard to allow more time in the budget process for an overview of the
budget separate from other budget discussions.
K-2. Attorney -- City Attorney Graves reported the following items:
• The draft screening standards for reviewing city attorney applications
was included in the packet. Council had no objections to the standards as presented.
• An Agency Fund Agreement between the City and the Kenai Community
Foundation would be brought forward for council consideration at the next meeting. A
brief discussion took place related to auditing issues that could arise. Administration
was requested to include a summary report of auditing issues with the proposed
agreement.
K-3. City Clerk -- Clerk Freas noted that since council had approved the City
of Kenai Financial Disclosure Form earlier in the meeting, the form would soon be
distributed to those required to complete them. The forms would be due to the City
Clerk by April 15, 2009.
ITEM L: DYSCUSSION
L-1. Citizens (five minutest
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 16
Pat Falkenberg, 399 McCollum Drive, Kenai -- Read the remainder of a statement
related to the history of the neighborhood, her opposition to the proposed rezone, and
requested Council reconsider its vote on the issue.
Debbie Sonberg, 410 Cinderella Lane, Kenai -- Stated she was displeased with an
earlier comment that some of the property owners did not understand the definition of
a limited commercial zone.
Janine Espy, 403 McCollum Drive, Kenai -- Read a statement she prepared and was
included in the packet related to the informational meeting held on January 5, 2009.
Becky Espy, 903 Magic Avenue, Kenai -- Noted there were plans for people to build
across the highway and stated she felt the city manager's memorandum was
inappropriate.
Walt Ward, 708 Magic Avenue, Kenai -- Reported he looked at the limited
commercial zone in Soldotna, observed there were not many residential buildings left
as most were being used for businesses, and felt rezoning the conservation property by
No-Name Creek would be a big mistake.
Ward was requested to comment in writing to the Planning 8v Zoning Commission with
regard to his concerns of rezoning the conservation zoned property by No-Name Creek
and Ward stated he would.
All were thanked for their comments during the evening.
L-2. Council
Smalley -- Noted the following items:
• Stated his appreciation of the donation of properties on behalf of the
Habitat for Humanity.
• He had a conversation with the golf course leaseholder who questioned
why he had to carry liability insurance during the courses' winter closure. He
suggested he contact Koch and discuss the issue with him.
• Requested the smoking ordinance be brought forward for introduction on
February 18 and requested the final draft be forwarded to the City of Soldotna as well.
• Stated his appreciation of the rezone comments and stated it was not his
intent to do something that would not be a resolvable issue, adding, council wanted an
acceptable resolution of the issue.
• Stated his appreciation of the students' presentation.
Moore -- No comments.
Eldridge -- Noted the following:
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE I7
• Suggested Administration continue pressure on the State Legislature for
$5 million for city projects.
• Reported the Economic Development District Board of Directors would
meet on January 22, 2009.
• Suggested the holiday decorations remain on the light poles from
November 1 to March 1.
Johnson -- No comments.
Ross -- No comments.
Molloy -- Noted the following:
• Thanked the public for coming and noted his appreciation of their
comments.
• Thanked Clerk Freas for sending out the 2010 draft Legislative budget
and encouraged continued investigation of live streaming of council meetings.
Boyle -- Thanked the public for their comments.
Porter -- Noted the Alaska Business Monthly article included in the packet as
an informational item.
YTEM M: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to
$500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first
meeting in July, 2009, to allow for further consideration of a salary increase during the
budget FY10 budget process.)
EXECUTIVE SESSEON -- None Scheduled
ITEM N: ADJOURNMENT
There being no further business before the council, the meeting adjourned at
approximately 10:52 p.m.
KENAI CITY COUNCIL MEETING
JANUARY 21, 2009
PAGE 18
Minutes submitted by:
Carol L. Freas, City Clerk
*The student may cast advisory cotes 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 cotes shall be recorded in the minutes.
A student representative may not moue or second items during a council meeting.
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