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HomeMy WebLinkAbout2008-04-16 Council MinutesR��ls�►n APRIL i' 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS WORK SESSION -- Alaska Permanent Capital Management/Airport Permanent Fund Investment Options begins at 6:00 p.m. 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) Jennifer Beckmann, Executive Director, Central Area Rural Transit System, Inc. (CARTS) -- Appropriation Request. 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. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building. 2. Ordinance No. 2299-2008 -- Amending KMC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Define One (1) Story Height, and to Increase the Distance From the Adjoining Lot. a. Substitute Ordinance No. 2299-2008 -- Amending KMC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer Than Sixteen (161 Feet Unless the Building Official Grants a Waiver for Good Cause, to Increase the Distance From the Adjoining Lot, and to Change the Building Permit Requirement for Residential Accessory Structures From Over One Hundred Twenty (120) Square Feet to Over Two Hundred (200) Square Feet. ITEM F: MINUTES 1. *Regular Meeting of April 2, 2008. ITEM G: ITEM H: I. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2300-2008 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. 4. *Ordinance No. 2301-2008 -- Amending KMC 23.50.010(b) by Adding Two Class Tities to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. S. *Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 6. Approval -- Amendment to Lease -- Lots 13 and 14, Block 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling d/b/a Schilling Rentals. 7. Approval -- Consent to Sublease/Portion of Lot 1, Block 1, Gusty Subdivision -- From Sun Sims to Dwight Davis. 8. Discussion -- Scheduling of City Attorney, City Clerk and City Manager Evaluations. ITEM I: COMMISSIOI 1. Council on Aging - 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 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. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-'type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 412108 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) EXECUTIVE SESSION -- None Scheduled KENAI CITY COUNCIL - REGULAR MEETING APRIL 16, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /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: A quorum was present. Absent: Brittany Harding, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Swarner MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 2 OF 10 B-1. Jennifer Beckmann, Executive Director, Central Area Rural Transit System, Inc. (CARTS) -- Appropriation Request. Beckmann introduced her Board President, Andrew Seagraves and requested a $5,000 donation to CARTS be included in the next year's city budget (information included in the packet). Beckmann gave an overview of the transportation program in place, planned use of the funds, and noted her organization would like to begin discussions with the city to include use of the Senior Center van for transporting to outlying areas. M7ki1�1 �it�ill ��i7; i � �It/1 A �] �71ii:1 AL�ZrtZydri�5 i �� ii'11;`�►GTiT� ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building. u• 0u Council Member Moll,ov MOVED to enact Ordinance No. 2298-2008 and Council Member Eldridge the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. It was noted, the impetus of the purchase was to clean up the long-standing issue of whether or not the General Fund should pay rent on airport property; research of old records gave no indication the purchase was ever made; in the past, it was felt no rent should be paid to the airport because the airport did not have to pay for fire, police services; the plan would be to remove the lot lines to eliminate the lot line problems; and, administration supported the purchase. VOTE: *Student Representative Harding: Absent Porter Yes Swarner Yes Smalley Yes i Eldridge Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 3 OF 10 E-2. Ordinance No. 2299-2008 -- Amending KMC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Define One (1) Story Height, and to Increase the Distance From the Adjoining Lot. E-2a. Substitute Ordinance No. 2299-2008 -- Amending KMC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer Than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Increase the Distance From the Adjoining Lot, and to Change the Building Permit Requirement for Residential Accessory Structures From Over One Hundred Twenty (120) Square Feet to Over Two Hundred (200) Square Feet. MOTION: Council Member Boyle MOVED to adopt the substitute Ordinance No. 2299-2008 and Council Member Molloy SECONDED the motion. The floor was opened for public he? ing. There being no one wishing to be heard, the public hearing was closed. Council comments included: • Purpose of the substitute was to allow for a larger shed than allowed by the original ordinances and lessen the amount of variances requested. • The height issue would be eliminated and should be a covenant issue. • Concern with allowed height of 16 feet and not requiring a building permit of 120 square feet or above. • Concern with the 16' height without a variance as a structure of that height could block out a lot of real estate. • Agreement with administration, anything over 120 square feet should require a building permit. • Fire Department prefers requirement of a building permit as unconventional placement of electrical or gas connections is dangerous. • The current building code requires a building permit if utilities are to be provided to the building, the substitute ordinance would trump the building code and remove the requirement while creating a conflict between the building code and the ordinance. Neighbors should have input and would have it through variance requests. KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 4 OF 10 ® Suggestion the ordinance be sent back to the Planning 8s Zoning Commission to come into compliance with the building code. VOTE: *Student Representative Harding: Absent Porter No Swarner ! No Smalley Yes Eldridge No Ross No Molloy _ Yes Boyle Yes MOTION FAILED. ITEM F: MINUTES F-1. Regular Meeting of April 2, 2008 -- Approved by consent agenda.0 ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 Council Member Swarner MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 5 OF 10 H-3. Ordinance No. 2300-2008 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-1.03-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. Introduced by approval of consent agenda. H-4. Ordinance No. 2301-2008 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. Introduced by approval of consent agenda. H-5. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. Introduced by approval of consent agenda. H-6. Approval -- Amendment to Lease -- Lots 13 and 14, Block 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling d/b/a Schilling Rentals. MnprMN: Council member Molloy MOVED for approval of the Amendment to Lease, Lots 13 and 14, Bloc 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling d/b/a Schilling Rentals (identified as Item H-6 in the packet). Council Member Smalley SECONDED the motion. There were no council comments. VOTE: *Student Representative Harding: Absent Porter Yes Swarner Yes Smalley Yes j Eldridge Yes Ross Yes Molloy ( Yes Boyle Yes H-7. Approval -- Consent to Sublease/Portion of Lot 1, Block 1, Gusty Subdivision -- From Sun Sims to Dwight Davis. KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 6 OF 10 Council Member Smalley MOVED to approve the Consent to Sublease/Portion of lot 1, Block 1, Gusty Subdivision, from Sun Sims to Dwight Davis. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no council comments. VOTE: There were no objections. SO ORDERED. H-8. Discussion -- Scheduling of City Attorney, City Clerk and City Manager Evaluations. Annual evaluations of the City Clerk and City Attorney were scheduled for May 7, 2008 and the annual evaluation of the City Manager was scheduled for May 21. Due to the Kenai Central High School graduation being held on Wednesday, May 21, 2008, the council meeting date was changed to May 20 and beginning at 7:00 p.m. BREAK TAKEN: 7:44 P.M. BACK TO ORDER! 7:55 P-M. ITEM I: I-1. Council on Aging -- Council Member Eldridge reported the next meeting was scheduled for May 8, 2008. I-2. Airport Commission -- Council Member Boyle reviewed actions and discussions from the April 10, 2008 Airport Commission meeting summary included in the packet. I-3. Harbor Commission -- Council Member Boyle reviewed actions and discussions from the April 7, 2008 Harbor Commission meeting summary included in the packet. I-4. Library Commission -- Council Member Smalley reviewed actions and discussions from the April 1, 2008 Library Commission meeting summary. I-5. Parks & Recreation Commission -- Council Member Eldridge reviewed the actions and discussions from the April 3, 2008 Parks & Recreation Commission - meeting and the April 10, 2008 Special Parks & Recreation Commission meetings KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 7 OF 10 (summaries were included in the packet), noting the Commission reviewed a draft ordinance related to use of motorized vehicles, etc. on the north beach. The motion to recommend council move forward with the ordinance failed unanimously. I-6. Planning & Zoning Commission -- Council Member Smalley reviewed the minutes of the April 9, 2008 meeting which were included in the packet. He noted, the Commission was not sure what council was wanting with regard to its remanding the conex ordinance back for additional consideration. Marilyn Kebsehull, City Planner -- Noted the issue would be included on the next Commission agenda asking direction as to how the Commission would want to proceed. Kebschull also noted the dumpster ordinance had been postponed to allow for work sessions. The Commission would be reviewing a draft ordinance with suggested amendments. A joint work session with the Commission to discuss conex use was suggested. It was also suggested the storage/conex use be considered as separate issues. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting was scheduled for May 13, June 7 was scheduled as planting day, and Mayor Porter would be attending the May 13 meeting in Swarner's absence. T_7h, Alaska Municipal League Report -- No report. I-7c. Mini -Grant Steering Committee -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She attended a meeting of the Old Town Committee who are hoping the city would be moving forward with the sidewalk repair. • The Russian Orthodox Church requested the planters in front of the church be removed. • Represented the city at a Chamber of Commerce bowling tournament. • Took the Airport Commission Chair and Vice Chair to lunch, to thank them for their continued service to the city. • KEDS would be holding a report to the community on April 17. • Vice Mayor Swarner would be representing the city at a Kenaitze Tribe Head Start luncheon and the christening of the new Tesoro tug. • She sent letters of congratulations to students receiving Masonic Lodge awards with a certificate for a free City of Kenai t-shirt. • Questioned whether if council was interested in changing council meeting times from 7:00 p.m. to 6:30 p.m. There was no interest voiced. KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 8 OF 10 • Referred to City Clerk Freas' memorandum included at her report asking whether council directed a new video camera be purchased. Council stated yes, to purchase a new camera. Council Member Smalley suggested a volunteer appreciation gathering be held and a letter to all legislators thanking them for reinstating revenue sharing and funding the PERS adjustment be sent. ITEM K: K-1. City Manager -- Acting City Manager Semmens reported the Aurora Borealis Charter School would be holding its graduation ceremony on May 16. K-2. Attorney -- City Attorney Graves reported the following: • He would be preparing an ordinance for introduction at the May 7 meeting for paying a stipend to the Planning & Zoning Commission members and to increase council/mayor stipends (as Charter required, the increase would begin after the October election). Graves asked if council would want the stipend to the Commission to begin immediately or with the new budget year. Council requested it begin with the new budget year. • Noted the second draft of the conflict of interest code amendment was included in the packet as an information item. He would be forwarding copies to city commissions, committees and employees for comments. It was suggested the ordinance for the Commission and Council stipends be two separate ordinances and included in the next packet as information items. He would be sending council his goals and objectives for the coming year. K-3. City Clerk -- No report. ITEM L: L-1. Citizens -- None. L-2. Council -- Swarner -- • She would be taking pledges at the KDLL radio station in the morning. • Referred to Ordinance No. 2300-2008 (introduced by consent agenda) and noted, because she would not be in attendance at the next meeting, she wanted to state her support of the donation of the property to the Amundsen Educational Center because houses would be built which would become tax -paying entities. KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 9 OF 10 Smalley -- ® Stated he would be supporting the donation of property, however Habitat for Humanities had also made a similar request and was still interested in a donation of property. ® Thanked Jack La Shot for all his years of service to the City and wished him well. Eldridge -- • Stated concern the same offer was not made to Habitat for Humanities related to donation of property. 6 Stated he was pleased to see the development activity at the Lowe's property. Ross -- • Thanked La Shot for his years of service. i Thanked Council Member Smalley for attending the Planning & Zoning Commission meeting during his absence. Molloy -- ® Thanked La Shot for all his work over his many years of service to the city as it was definitely appreciated. • Thanked Council Member Boyle for attending the Airport Commission meeting during his absence. Boyle -- • Thanked La Shot for his years of service and congratulated him on his coming retirement. • Referring to recent presentations and discussions, noted he believed a covered track would be very nice. Porter -- Thanked La Shot for his years of service to the city. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 412108 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) EXECUTIVE SESSION -- None Scheduled KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 10 OF 10 There being no further business before the Council, the meeting adjourned at approximately 8:30 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting.