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Home My WebLink About2008-05-20 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 20, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brenda Ahlberg, Executive Director/Boys & Girls Clubs of the Kenai Peninsula -- Update 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. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. 2. Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. 3. Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. 4. Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. 5. Ordinance No. 2307-2008 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 6. Ordinance No. 2308-2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuel. 7. Ordinance No. 2309-2008 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Multi -Purpose Facility. 8. Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained. 9. Resolution No. 2008-26 -- Authorizing the Purchase of 12.5 Acres of Property Described as Tract Al, Birch Fields Subdivision, Kenai Well Addition, Third Recording District, Kenai, Alaska From the Kenai Peninsula Borough, for $1.00, for a Well Site and Other Public Facilities. 10. Resolution No. 2008-27 -- Approving the Form for the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter Into Such Agreements with ERA Aviation and Grant Aviation. 11. Resolution No. 2008-28 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Thompson Park Paving LID - 2008 for the Total Amount of $674,330. ITEM F: MINUTES *Regular Meeting of May 7, 2008. *Notes of April 16, 2008 Council Work Session *Notes of April 21, 2008 Council Budget Work Session ITEM G: ITEM H: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2311-2008 -- Finding that Certain City -Owned Land, Identified as T5N RI IW SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. 4. *Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. S. *Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 6. *Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. 7. *Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 8. *Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 9. *Ordinance No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM I£: 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.) EXECUTIVE SESSION -- Annual Evaluation of City Manager Lail)"I oil KENAI CITY COUNCIL - REGULAR MEETING MAY 20, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING 1�411c`iiyY519 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 Deputy City Clerk took roll. Present were: Barry Eldridge . Rick Ross Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley Absent was: Linda Swarner, Vice Mayor A quorum was present. A-3. AGENDA APPROVAL Mayor Porter noted the following requested changes: ADD: Item B-2, Persons Scheduled to be Heard -- Dale Sandahl, Chairperson, Parks 8s Recreation Commission -- Covered Sports Facility ADD TO: Item E-10, Resolution No. 2008-27 -- Memorandum -- Change to Airline Operating Agreement and Terminal Area Lease Council Member Smalley MOVED for approval of the agenda including the lay down items and Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 6 Fr •, • s Council Member Smalley MOVED for approval of the consent agenda and Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. *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) B-1: Brenda Ahlberg, Executive Director/Boys & Girls Clubs of the Kenai Peninsula -- Update Ahlberg reviewed the update included in the packet, noting the decrease in activities in 2007 was due to the Arctic Winter Games in 2006. On May 22, 2008, Linda Wilsey would present a training and evaluation of the Teen Center, paid for by a grant from Taco Bell. On June 2, 2008, there would be a tour of the facility with national representatives from the Boys & Girls Clubs; Ahlberg invited the City Manager and Mayor to attend. A Police Athletic League Grant (PAL) of $20,000 was awarded to the facility with a focus on law enforcement/club partnership. B-2: Dale Sandahl, Chairperson/Parks & Recreation Commission -- Covered Sports Facility Sandahl presented information on the possibility of a covered sports facility in the Central Peninsula area, noting a presentation given to the Commission by Brian Hoisington. The Kenai Peninsula Borough School District contacted the City of Soldotna with interest in a dome near the Sports Center. Sandahl would meet with the Parks & Recreation Commission to discuss feasibility and needs of the area. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 7 E-1. Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. Council Member Molloy MOVED for approval of Ordinance No. 2303-2008 and Council Member Eldridge SECONDED the motion. There were no public comments. Council comments included concern over the possible hardship for some lessees. VOTE: Eldridge YES Ross YES Molloy YES Boyle YES Porter YES Swarner ABSENT Smalley YES i MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. Council Member Eldridge MOVED for approval of Ordinance No. 2304-2008 and Council Member Ross SECONDED the motion. There were no public comments. Council comments included concern over loss of conservation lands. It was noted private land was not regulated. VOTE: Eldridge YES I Ross ;YES Molloy I NO Boyle NO I Porter j YES Swarner ABSENT Smalley YES r • • E-3. Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 8 Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. 16 €•710 (•7 Q Council Member Molloy MOVED for approval of Ordinance No. 2305-2008 and Council Member Eldridge SECONDED the motion. There were no public comments. Council comments included questions regarding this ordinance being a new contract or an addition to the original contract; this ordinance would add to the original contract. LTLOW 9 Eldridge YES Ross YES Mello YES Boyle Smalley YES Porter YES YES Swarner ABSENT MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. WrOT003-3 Council Member Eldridge MOVED for approval of Ordinance No. 2306-2008 and Council Member Smalley SECONDED the motion. There were no public or council comments. VOTE: Eldridge YES Ross YES Molloy YES Boyle YES Porter YES Swarner ; ABSENT Smalley YES E-5. Ordinance No. 2307-2008 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 9 Council Member Molloy MOVED for approval of Ordinance No. 2307-2008 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: Eldridge YES Ross YES Molloy YES Boyle YES Porter YES Swarner ABSENT Smalley YES E-6. Ordinance No. 2308-2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuel. MOTION: Council Member Eldridge MOVED for approval of Ordinance No. 2308-2008 and Council Member Smalley SECONDED the motion. There were no public or council comments. VOTE: Eldridge YES Ross YES Molloy YES Boyle YES Porter YES Swarner I ABSENT Smalley YES E-7. Ordinance No. 2309-2008 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Multi -Purpose Facility. Council Member Molloy MOVED for approval of Ordinance No. 2309-2008 and Council Member Ross SECONDED the motion. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 10 There were no public or council comments. VOTE: Eldridge YES Ross YES Mollo YES Boyle YES Porter YES Swarner ABSENT Smalley YES MOTION PASSED UNANIMOUSL`a'. E-8. Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained. POTOT916RA Council Member Smalley MOVED for approval of Ordinance No. 2310-2008 and Council Member Eldridge SECONDED the motion. There were no public or council comments. Eldridge YES Ross YES Molloy YES Boyle YES Porter YES Swarner ABSENT Smalley YES E-9. Resolution No. 2008-26 -- Authorizing the Purchase of 12.5 Acres of Property Described as Tract Al, Birch Fields Subdivision, Kenai Well Addition, Third Recording District, Kenai, Alaska From the Kenai Peninsula Borough, for $1.00, for a Well Site and Other Public Facilities. r r ; Council Member Molloy MOVED for approval of Resolution No. 2008-26 and Council Member Smalley SECONDED the motion, requesting UNANIMOUS CONSENT. 11010 There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 11 E-10. Resolution No. 2008-27 -- Approving the Form for the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter Into Such Agreements with ERA Aviation and Grant Aviation. Council Member Molloy MOVED for approval of Resolution No. 2008-27 and Council Member Eldridge SECONDED the motion. Council Member Molloy MOVED to amend Resolution No. 2008-27 by deleting subsection A.6. in Exhibit D of the Airline Operating Agreement and Terminal Area Lease. Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE ON THE AMENDMENT: Eldridge YES I Ross YES Molloy YES Boyle YES Porter YES Swarner ABSENT Smalley YES MOTION TO AMEND PASSED UNANIMOUSLY. Eldridge YES Ross YES Molloy YES Boyle YES Porter ;YES Swarner ABSENT Smalley I YES E-11. Resolution No. 2008-28 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Thompson Park Paving LID - 2008 for the Total Amount of $674,330. Council Member Eldridge MOVED for approval of Resolution No. 2008-28 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 12 ITEM F: MINUTES F-1. Regular Meeting of May 7, 2008 -- Approved by consent agenda. F-2. Notes of April 16, 2008 Council Work Session -- Approved by consent agenda. F-3. Notes of April 21, 2008 Council Budget Work Session -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. M H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills and requested CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 Council Member Smalley MOVED for approval of purchase orders exceeding $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. lO There were no objections. SO ORDERED. H-3. Ordinance No. 2311-2008 -- Finding that Certain City -Owned Land, Identified as T5N RI IW SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. Introduced by approval of consent agenda. KENAI CITYCOUNCIL MEETING MAY 20, 2008 PAGE 13 H-4. Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. Introduced by approval of consent agenda. H-5. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. Introduced by approval of consent agenda. H-6. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. Introduced by approval of consent agenda. H-7. Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. Introduced by approval of consent agenda. H-8. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. Introduced by approval of consent agenda. H-9. Ordinance No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. Introduced by approval of consent agenda. ITEM I: I-1. Council on Aging -- Council Member Eldridge reported he was unable to attend the meeting. The meeting summary was included the packet. I-2. Airport Commission -- Council Member Molloy reported there were concerns regarding the draft ethics ordinance and comments were emailed to the City Attorney. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 14 I-3. Harbor Commission -- Council Member Boyle reported there was discussion related to the dip net fishery and a there was a site visit to the Bird Viewing Platform at the City Dock. I-4. Library Commission -- Council Member Smalley noted there had not been a meeting since the last council meeting. Library Director reported on the Rasmuson grant site visit. I-5. Parks & Recreation Commission -- Council Member Eldridge reported the next meeting would be July 3, 2008. Mayor Porter noted an application in the packet from Lee Ann Magiera and appointed her to the Parks &, Recreation Commission. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the meeting summary included in the packet. 1-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter attended for Council Member Swarner and reviewed the meeting summary included in the packet. Porter requested $300 from the Legislative budget for food for the volunteer planting date scheduled for Saturday, June 7, 2008. Council stated no objections. I-7b. Alaska Municipal League Report -- Council Member Smalley noted the summer meeting would be held in Wrangell in August. I-7e. Mini -Grant Steering Committee -- Mayor Porter noted the committee would meet on Thursday, May 22, 2008. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She attended the Art Show, the Air Fair, the BP Dinner awarding excellence in teaching, the Rasmuson site visit, and the First Responders Award dinner. • She took the winner and runner up in the Caring for the Kenai contest to lunch. • She participated in the planning of the State's 50th anniversary party. • She threw out the first ball at the first Little League game. • She met with the City Manager and Representatives from Pioneer Oil, noting they would like to have a site visit and invited the council to attend. • She took the pearl earrings for Britt Harding to Jon Lillivik at Kenai Central High School to be presented to her during the awards banquet. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 15 She requested money to purchase a tree and plaque for Vince O'Reilly to be placed in memorial Park. grolwUSHA Council Member Smalley MOVED to approve purchasing a tree and plaque in honor of Vince O'Reilly and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM K: K-1. City Manager -- City Manager Koch noted the following: He would be meeting with owners from. Dena'ina Point Estates on May 22, 2008 to encourage the process of subdivision. • The culvert at the boat launch would be installed prior to the dip net fishery. ® He supported monitoring of hydrocarbons at Mile 5 and Mile 1.5 of the Kenai River and would continue to write to DEC for consideration. ® Fencing would be installed around the dunes by the end of May. There was a small grass fire on the dunes earlier in the month. The Thompson Park LID bid had been awarded. • A petition for an LID for Ames Road would be presented at the next meeting. K-2. Attorney -- City Attorney Graves noted the first of the minimum standards would be discussed at the next Airport Commission meeting. Council Member Ross requested the ethics ordinance be brought before the Council at the June 4, 2008 meeting. Council Member Ross thanked the Mayor and the Police Department for their support of the recent Soap Box Derby race. K-3. City Clerk -- None. ITEM L: DISCUSSION L-1. Citizens Robert Ruffner, Kenai Watershed Forum -- Gave a brief overview of the progress on the Bird Viewing Platform at the City Dock. City Manager Koch introduced new Public Works Director Wayne Ogle to the Council. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 16 L-2. Council Smalley -- Enjoyed attending the awards dinner and seeing former students. Eldridge -- Noted his pleasure in the Rasmuson Foundation being receptive to the Library Expansion and the Kenai Historical Society's cabin moving projects. Ross -- None Molloy -- None Boyle -- None ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) -- Annual Evaluation of City Manager MOTION: Council Member Molloy MOVED to convene into an executive session of the Council of the City of Kenai, concerning matters that could prejudice the reputation and character of another, specifically the annual evaluation of the City Manager. Council Member Eldridge SECONDED the motion. VOTE: IJAWIOCOWNJ_Ic^l--3:lJim IIMWIso (41m)r►'� • • CIO • • • Council Member Molloy reported the council met in executive session to conduct an evaluation of the city manager. The council did not finish their discussion and would reconvene in executive session at the June 4, 2008 City Council meeting. ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:39 p.m. KENAI CITY COUNCIL MEETING MAY 20, 2008 PAGE 17 Minutes prepared and submitted by: / Cor n e1�ty City Clerk /