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HomeMy WebLinkAbout2008-11-19 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING N®vEMBER I9, 2oos 7:®o P.M. KENAI CITY COUNCIL CH BERS http: / /www.ci.kenai.ak.us Work Session: Corps of Engineers/Bluff Erosion Project Update -- 5:30 p.m., City Council Chambers. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A1l 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. Audrey and Sylvia Johnson -- Assisted Living Facility 2. Tina Baldridge, Kenai Chamber of Commerce -- Request for Support/Fireworks Display 3. Tina Herford, Kenai Peninsula United Way -- DVD 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.) 1. Ordinance No. 2357-2008 -- Increasing Estimated Revenues and Appropriations by $48,044 in the Congregate Housing Enterprise Fund for Transfer to the General Fund Pursuant to KMC 7.32.030. 2. Ordinance No. 2358-2008 -- Increasing Estimated Revenues and Appropriations by $4,796 in the General Fund for a Library Grant. 3. Ordinance No. 2359-2008 -- (1) Increasing Estimated Revenues and Appropriations by $576,469.38 in the General Fund Non-Departmental for Transfer to the Visitor Center Heating System Capital Projects Fund; (2) Authorizing a Budget Transfer of $55,000.00 Previously Appropriated in the General Fund Buildings Department to Non-Departmental Transfer to the Visitor Center Heating System Capital Projects Fund; and, (3) Appropriating the Transferred Funds in the Visitor Center Heating System Capital Projects Fund for Replacement of the Center's Heating System. 4. Resolution No. 2008-66 -- Setting the Time and Place for a Public Hearing on the Shamrock Circle Street Improvement Special Assessment District. Resolution No. 2008-67 -- Setting the Time and Place for a Public Hearing on the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Street Improvement Special Assessment District. ITEM F: MINUTES *Regular Meeting of November 5, 2008. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinanee No. 2360-2008 -- Increasing Estimated Revenues and Appropriations by ~w2,500 in the General Fund for Police Drug Abuse Resistance Education (DARE) Expenditures. 4. *®rdinance No. 2361-2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Peninsula Borough Parcel Number 04701009, the Kenai National Guard Armory (TSNRIIW SEC 6 Seward Meridian KN Commencing at the N1/4 Corner Run S 0 Deg 13 Min E 77.88 Ft Th S 86 Deg OS Min E 35.09 Ft Along the Southerly ROW of the North Kenai Rd to the POB Th S 0 Deg 13 Min E 683.85 Ft Th N 89 Deg 47 Min E 330 Ft Th NO 0 Deg 1) From Conservation (C) to General Commercial (CG). *Ordinanee 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). Approval -- Council on Aging By-Law Amendments Approval -- Amendments/Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Approval -- Council on Aging Letter to Legislators/Support AgeNet 2009 Priorities for Seniors in Alaska. Discussion -- Scheduling Work Session/ECI/flyer Presentation -- Library Expansion Project. ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Sv Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee d. Advisory Cemetery Committee 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 ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. Substitute 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-Dastribution-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 moue Substitute Ordinance No. 2347-2008 is on the table from the September I7, 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 scheduled for October I5, 2008 in the council chambers.) -- None Scheduled ITET/I N: KENAI CITY COUNCIL -REGULAR MEETING M%NUTES ITEM A: CALL TO ORDER Vice Mayor Ross called the meeting to order at approximately 7:00 p.m. A-l. PLEDGE OF ALLEGIANCE Vice Mayor Ross lead those assembled in the Pledge of Allegiance. A-2. ROLL CALL Deputy Clerk Hall called the roll. Present were: Barry Eldridge Rick Ross, Vice Mayor Robert Molloy `Mike Boyle ( Pat Porter (telephonically) Hal Smalley Joe Moore A quorum was present. Also present: Maya Johnson, Student Representative A-3. AGENDA APPROVAL The following changes were noted: ADD TO: H-5. ORDINANCE NO. 2362-2008 MOTION: Email from City Planner Kebschull Email from Planning & Zosairag Commissioner Koester Email from Roy Espy Council Member Smalley MOVED for approval of the agenda with the addition of lay downs and Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA There were no requested changes to the consent agenda. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 2 MOTION: Council Member Smalley MOVED to approve the consent agenda as presented. Council Member Eldridge SECONDED the motion. There were no objections. SO OKDEI2ED. ITEM B: SCHEDULED PUBLIC COMMENTS B-I. Audrey and Sylvia 3ohnson -- Assisted Living Facility Audrey Johnson read an eviction notice from Rachael Craig, Senior Center Director, sent to her mother Sylvia Johnson, noting the reason for the eviction was due to her mother not being able to care for herself, and requested a portion of Vintage Pointe be converted to assisted living. B-2. Tina Baldridge, Kenai Chamber of Commerce -- Request for Support/Fireworks Display Baldridge requested funding for half of the cost of the fireworks displayed at Christmas Comes to Kenai on November 28, 2008. City Manager Koch noted the money had not been budgeted, but could be appropriated from the fund reserve. MOTION: Council Member Eldridge MOVED to support the Kenai Chamber of Commerce with Fundang of $3,500.00 for fireworks. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Johnson: YES Eldrid e YES Ross YES Mollo YES Bo le YES Porter YES Smalle YES Moore YES MOTION PASSED UNANIMOUSLY. Council requested Administration add the fireworks display as a budget item in the future. B-3. Tina Aerford, Kenai Peninsula United Way -- DVD Presentation Herford showed the DVD presentation that could not be shown at the November S, 2008 meeting due to technical difficulties. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 3 ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley reported on the Kenai Peninsula Assembly meeting of November 18, 2008, noting action agenda items that pertained to the City of Kenai. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2357-2®OS -- Increasing Estimated Revenues and Appropriations by $48,044 in the Congregate Housing Enterprise Fund for Transfer to the General Fund Pursuant to KMC 7.32.030. MOT%ON: Council Member Eldridge MOVED to adopt Ordinance No. 2357-2008 and Council Member Molloy SECONDED the motion. Ross opened the floor to public hearing. Audrey Johnson, Kenai -- Requested monies be used for general maintenance and snow removal at Vintage Pointe and the Senior Center. Lila Mae Schroeder, Kenai -- Requested monies be used for maintenance and upkeep of the Senior Center and Vintage Pointe. City Manager Koch reported this year the City would be replacing all the windows, upgrading the fire alarms, repairing cabinetry and replacing refrigerators. Joanna Hollier, Kenai -- Spoke in support of a senior assisted living facility. Bill Osborn, Kenai -- Noted the staff did not have the time to care for the residents and would like Vintage Pointe to stay as independent living. Margaret Goggia, Kenai -- Spoke in support of an assisted living facility. Danica Dennis, Kenai -- Spoke in support of an assisted living facility. Steve Hillyer, Care Taker, Vintage Pointe Manor -- Spoke in support of an assisted Living facility and requested funding for maintenance. With no one else wishing to speak, the public hearing was closed. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 4 *Student Representative Johnson: YES Eldrid e YES Ross YES Molloy YES Bo le YES Porter 'YES ~ Smalle YES Moore YES MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2358-2008 -- Increasing Estimated Revenues and Appropriations by $4,796 in the General Fund for a Library Grant. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2358-2008 and Council Member Eldridge SECONDED the motion. Ross opened the floor to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: YES MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2359-2008 -- (1) Increasing Estimated Revenues and Appropriations by $576,469.38 in the General Fund Non-Departmental for Transfer to the Visitor Center Heating System Capital Projects Fund; (2) Authorizing a Budget Transfer of $55,000.00 Previously Appropriated in the General Fund Buildings Department to Non-Departmental Transfer to the Visitor Center Heating System Capital Projects Fund; and, (3) Appropriating the Transferred Funds in the Visitor Center Heating System Capital Projects Fund for Replacement of the Center's Heating System. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2359-2008 and Council Member Smalley SECONDED the motion. Ross opened the floor to public hearing. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE S Fred Braun, Vice President, Kenai Convention and Visitors Bureau -- Thanked the Council for all their support. VOTE: *Student Representative Johnson: YES ~ Eldrid e YES Ross YES Molloy YES Bo le YES Porter YES Smalley YES i Moore YES MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2008-66 -- Setting the Time and Place for a Public Hearing on the Shamrock Circle Street Improvement Special Assessment District. MOTION: Council Member Molloy MOVED to approve Resolution No. 2008-66. Council Member Smalley SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTEe There were no objections. SO ORDERED. E-5. Resolution No. 2008-67 -- Setting the Time and Place for a Public Hearing on the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Street Improvement Special Assessment District. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2008-67 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:19 P.M. BACK TO ORDER: 8:29 P.M. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 6 ITEM F: MINUTES F-1. Regular Meetsng of November 5, 2008 -- Approved by consent agenda. ITEM G: UNFYNISHED BUSINESS -- None ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member SECONDED the motion. There were no objections. SO OR%9ERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2360-2008 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Drug Abuse Resistance Education (DARE) Expenditures. Introduced by approval of consent agenda. H-4. Ordinance No. 2361-2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Peninsula Borough Parcel Number 04701009, the Kenai National Guard Armory (TSNRIIW SEC 6 Seward Meridian KN Commencing at the N1/4 Corner Run S 0 Deg 13 Min E 77.88 Ft Th S 86 Deg OS Min E 35.09 Ft Along the Southerly ROW of the North Kenai Rd to the POB Th S 0 Deg 13 Min E 683.85 Ft Th N 89 Deg 47 Min E 330 Ft Th NO 0 Deg 1) From Conservation (C) to General Commercial (CG). Introduced by approval of consent agenda. H-5. 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). Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 7 H-b. Appro~rai -- Council on Aging By-Law Amendments MOTION: Mayor Porter MOVED to approve the Council on Aging By-Law Amendments and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no council comments. VOTE: There were no objections. SO ORDERED. H-7. Approval -- Amendments/Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. MOTION: Mayor Porter MOVED to approve the Amendments/Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. a0 ORDERED. H-8. Approval -- Council on Aging Letter to Legislators/Support AgeNet 2009 Priorities for Seniors in Alaska. MOTION: Mayor Porter MOVED to approve the Council on Aging Letter to Legislators and Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. Council Member Eldridge noted a typographical error to be corrected. VOTE: There were no other objections. SO ORDERED. H-9. Discussion -- Scheduling Work Session/ECI/flyer Presentation -- Library Expansion Project. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 8 Council scheduled a work session for 5:30 p.m. on December 3, 2008 to hear a conceptual presentation on the Library expansion by ECI/flyer. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Director Craig reported the December meeting had been cancelled and the next meeting would be in January 2009. I-2. Airport Commission -- Council Member Molloy reported the November meeting had been cancelled. I-3. Harbor Commission -- Council Member Boyle reported the Dip Net Report was discussed at the November meeting. I-4. Library Commission -- Council Member Smalley reported the next meeting would be held on December 2, 2008. I-5. Parks & Recreation Commission -- Director Frates reported the next meeting would be in January 2009. I-6. Planning 8s Zoning Commission -- Vice Mayor Ross reviewed the agenda of the November 12, 2008 meeting included in the packet. I-7. Miscellaneous Commissions and Committees I-Z-a. Beautitieatson Committee -- No report. I-7-b. Alaska Municipal League Report -- Council Member Smalley reported on the annual conference he attended recently in Ketchikan. I-7-e. Mini-Grant Steering Committee -- No report. I-7-d. Advisory Cemetery Committee -- Council Member Eldridge reported the next meeting would be held on November 20, 2008. ITEM J: REPORT OF THE MAYOR -- Vice Mayor Ross reported the following: • He attended the Veteran's Ceremony on November 11, 2008. • He attended the Boys &, Girls Club fundraiser on November 15, 2008. ITEM F{: ADMINISTRATION REPORTS K-1. City Manager -- Koch reported he met with the Lieutenant Governor Parnell to discuss Capital Improvement Projects, specifically bluff erosion; was asked to serve on the Executive Compensation Commission; and confirmed with Council the Legislators would met with them in a work session on December 8, 2008 at 3:00 p.m. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 9 K-2. Attorney -- Graves reported he would have an updated job description and a draft ad for the City Attorney position, as Council had requested an overlap of two months. K-3. City Clerk -- No report. ITEM L: L-I. Citizens Fred Braun, Kenai -- Spoke in support of the bluff erosion project. L-2. Council Smalley -- Reported Dorothy Lentz was thanked for her 43 years as an election official at the Kenai Borough Assembly meeting. Moore -- No comments. Eldridge -- Reported he was glad to be back in Alaska. Johnson -- No comments. Molloy -- Reported he would be bringing back a new Substitute Ordinance No. 2347-2008 in January 2009. Boyle -- Requested the council meetings be videotaped as in the past. Porter -- Requested a picture be taken of the Council at the December meeting. Ross -- Reported he would not be attending the December 17, 2008 meeting. ITEM M: PENDIIUG LEGISLATIOI~i (This item lists legislation which will be addressed at a later date as noted.) 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. Substitute 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. KENAI CITY COUNCIL MEETING NOVEMBER 19, 2008 PAGE 10 (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 scheduled for October 15, 2008 in the council chambers.) EXECUTIQ7E SESSI®N -- None Scheduled ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:05 p.m. Minutes submitted by: ~`~- Corene Hall, Acting City Clerk *The student may cast advisory notes on all matters except those subject to executive session discussion. Advisory cotes shall be cast prior to the official council cote and shall not affect the outcome of a cote. Advisory votes shall be recorded in the minutes. A student representative may not moue or second items during a council meeting. APPROYE® 61<°B C®UNCIL i~~..~a 2 cApa~ ~ ~SERtI