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HomeMy WebLinkAbout2008-03-05 Council MinutesMARCH•t_ 00 KENAI CITY COUNCIL CHAMBERS 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. Rick Baldwin, Chair, Kenai Economic Development Strategy Team -- 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. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. (Clerk's Note: Ordinance No. 2269-2007 was amended by substitution at the February 6, 2008 council meeting. The ordinance was then postponed to March 5, 2008. The motion to adopt is active.) a. Substitute Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. 2. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing. (Clerk's Note: At the February 20, 2008 council meeting, a motion to adopt Ordinance No. 2281-2008 was on the floor when the ordinance was postponed to March 5, 2008. The motion to adopt is active. 3. Ordinance No. 2282-2008 -- Amending KMC 14.20.160 (b)(8), KMC 14.20.161(b)(5) and KMC 14.20.170(b)(8) by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08. 4. Ordinance No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles. Ordinance No. 2285-2008 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund and the Library Capital Project Fund for Architectural Services. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 6. Resolution No. 2008-10 -- Awarding a Sole Source Contract to ProComm Alaska LLC, in the Amount not to Exceed $54,000 to Purchase Radio Equipment. 7. Resolution No. 2008-11 -- Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management. 8. Resolution No. 2008-12 -- Awarding a Professional Service Contract to Beacon Occupational Health and Safety Services, Inc. for Management of the Fire Training Facility. 9. *Liquor License Renewals -- Fraternal Order of Eagles #3525 -- Club License #337 Upper Deck -- Beverage Dispensary License #2993 American Legion Post #20 -- Club License # 1380 Little Ski Mo -- Restaurant/Eating Place License # 1774 ITEM F: MINUTES 1. *Regular Meeting of February 20, 2008. 2. *Notes of February 20, 2008 Council Work Session. ITEM G• ITEM H: Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2284-2008 -- Amending KMC 13.30.080 and KMC 13.40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas. 4. *Ordinance No. 2286-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Range Increase and Making the Next Police Lieutenant an Exempt Employee Under KMC 23.10.030. *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. 6. *Ordinance No. 2288-2008 -- Amending Chapter 14.25 Landscaping/Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. 7. Discussion -- Draft Bear Resistant Garbage Container Ordinance 8. Discussion -- Funding Request of Friends of the Library/Consultant for Coordinating Fundraising/Library Expansion. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission Library Commission Parks 8s Recreation Commission Planning & Zoning Commission 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: DISCU 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 -- None Scheduled ITEM M: KENAI CITY COUNCIL - REGULAR MEETING MARCH 5, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING laSrMG`IIiI1Ta�l fil��fi�/s�K:�rliy�CiZ•) ir)a17 Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. PLEDGE OF Mayor Porter led those assembled in the Pledge of Allegiance. on The Deputy City Clerk took roll. Present were: Richard Ross Robert Mollov Mike Boyle arrived 7:01 Pat Porter I Linda Swarner Hal Smalley Barry Eldridge A quorum was present. Also present: Brittany Harding, Student Representative Mayor Porter noted the following requested changes: RENUMBER: ITEM E-2 AS ITEM E-la ADD TO: ITEM E-6: Ordinance No. 2285-2008 a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption REPLACEMENT: ITEM E-9: Resolution No. 2008-12 -- Facility Management Agreement for Alaska Fire Training Center lZicol nt•3� Council Member Swarner MOVED to approve the agenda with the above listed lay down items, and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 2 *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. grol5ffold Council Member Swarner MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Rick Baldwin, Chair, Kenai Economic Development Strategy Team -- Update Mr. Baldwin gave background on the Kenai Economic Development Strategy (KEDS) Team, noting action items of the five standing committees. He provided a report to the Deputy City Clerk for copy and dispersal to the City Council Members and the City Manager and noted there would be a KEDS Forum on Thursday, April 17, 2008 at the Kenai Convention & Visitors Bureau from 6:00 - 7:30 p.m. Baldwin thanked the City for providing Lee Salisbury to take notes at the meetings. ITEM C: UNSCHEDULED PUBLIC COMMENTS Sal Mattero, President, Friends of the Library Board -- Spoke regarding the selection process for the consultants for the Library Expansion Project, noting they were looking for someone with a working knowledge of libraries in Alaska, with State and National recognition, and, willing to tailor their campaign to Kenai's needs. Mattero requested the City fund half of the $10,000 consultation fee. Eileen Bryson, Chair, Library Commission -- Spoke in favor of sharing funding with the City on the Consultant fee for the Library Expansion Project. Robert Peters, Member, Library Commission -- Noted the Friends of the Library have spent thousands of dollars on books and programs for the library and reminded the Council of the $50,000 "check" the Friends of the Library donated to the City to use towards the completion of the Library expansion. KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 3 �� • ••7�i��i7�kf33�'��l��if:I1!'A�i�LH(:lA:�f�[•3;7.'�:��M•ZK•lllt�[Nl�y ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-l. Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. (Clerk's Note: Ordinance No. 2269-2007 was amended by substitution at the February 6, 2008 council meeting. The ordinance was then postponed to March 5, 2008. The motion to adopt is active.) E-la. Substitute Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. MOTION TO SUBSTITUTE: Council Member Ross MOVED to approve Substitute Ordinance No. 2269-2007 and Council Member Eldridge SECONDED the motion. Mayor Porter opened the meeting to public hearing. There being no comments, the public hearing was closed. Council comments included ® Thanked Police Chief Kopp and City Attorney Graves for meeting to address issues. • Concern the ordinance addressed secondhand stores and garage sales. • Concern about conflicts with the Federal Trade Commission. Council Member Swarner MOVED to postpone Substitute Ordinance No. 2269-2007 until the April 2, 2008 meeting. Council Member Molloy SECONDED the motion. *Student Representative Harding: No Ross No Molloy Yes Boyle Yes Porter No Swarner (Yes Sma11ey j Eldridge No KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 4 *Student Representative Harding: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes Eldrid e E-2. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing. (Clerk's Note: At the February 20, 2008 council meeting, a motion to adopt Ordinance No. 2281-2008 was on the floor when the ordinance was postponed to March 5, 2008. The motion to adopt is active. MOTION: Council Member Eldridge MOVED to approve Ordinance No. 2281-2008 and Council Member Swarner SECONDED the motion. Mayor Porter opened the meeting to public hearing. There being no comments, the public hearing was closed. Council comments included: • Candles could not be passed from hand to hand while lighted. • Would sprinklers in residences be only on new construction? • The City of Soldotna passed a similar ordinance, noting it would cost between $12,000 and $15,000 to bring all City buildings up to code. 0110 *Student Representative Harding: Yes Ross Yes Mono Yes Boyle i Yes Porter Yes Swarner Yes Smalley Yes Lgdridge Yes KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 5 E-3. Ordinance No. 2282-2008 -- Amending KMC 14.20.160 (b)(8), KMC 14.20.161(b)(5) and KMC 1.4.20.170(b)(8) by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08. r •; Council Member Molloy MOVED to enact Ordinance No. 2282-2008 and Council Member Eldridge SECONDED the motion. Mayor Porter opened the meeting to public hearing. There being no comments, the public hearing was closed. *l 046 *Student Representative Harding: Yes Ross Yes Mollo Yes Bo le Yes Porter Yes Swarner Yes Smalle Yes Eldridge I Yes E-4. Ordinance No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and Patrol Rifles. Council Member Eldridge MOVED to adopt Ordinance No. 2283-2008 and Council Member Smalley SECONDED the motion. Mayor Porter opened the meeting to public hearing. There being no comments, the public hearing was closed. \sC *Student Representative Harding: Yes Ross j Porter Yes Yes Molloy Swarner Yes Boyle Yes Yes Smalley Yes Eldridge Yes �L— KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 6 *C•y VCWi 933*33) •III `r3k)11 6 [*Ii7y A' E-5. Ordinance No. 2285-2008 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund and the Library Capital Project Fund for Architectural Services. E-5a. Motion for Introduction Council Member Smalley MOVED to introduce Ordinance No. 2285-2008 and Council Member Molloy SECONDED the motion. *Student Representative Harding: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes � Eldridge j Yes E-5b. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Council Member Smalley MOVED to hear a Second Reading of Ordinance No. 2285- 2008 and Council Member Swarner SECONDED the motion. *Student Representative Harding: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner (Yes Smalley Yes Eldridge Yes KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 7 E-5c. Motion for Adoption Council Member Smalley MOVED to adopt Ordinance No. 2285-2008 and Council Member Swarner SECONDED the motion. Mayor Porter opened the meeting to public hearing. Eileen Bryson, Chair, Library Commission -- Spoke in favor of the Ordinance, noting she was encouraged by the support of the City Council. There being no further comments, the public hearing was closed. VOTE: *Student Representative Harding: Yes Ross Yes Mollo Yes Bo le Yes Porter Yes Swarner Yes Smalley Yes Eldridge Yes E-6. Resolution No. 2008-10 -- Awarding a Sole Source Contract to ProComm Alaska LLC, in the Amount not to Exceed $54,000 to Purchase Radio Equipment. • r' Council Member Eldridge MOVED to approve Resolution No. 2008-10 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. E-7. Resolution No. 2008-11 -- Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management. uliy�l[i7 Council Member Molloy MOVED to adopt Resolution No. 2008-11. Council Member Swarner SECONDED and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 8 E-8. Resolution No. 2008-12 -- Awarding a Professional Service Contract to Beacon Occupational Health and Safety Services, Inc. for Management of the Fire Training Facility. Council Member Eldridge MOVED to approve Resolution No. 2008-12 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. Mark Hylen, Co-owner, Beacon Occupational Health and Safety Services, Inc. -- Thanked the Council for their support, noting his company was one of the largest users of the Facility and they would work to make the facility a success. Council Member Molloy requested a copy of the resolution and the contract be included in the Airport Commission packet. E-9. *Liquor License Renewals -- Fraternal Order of Eagles #3525 -- Club License #337 Upper Deck -- Beverage Dispensary License #2993 American Legion Post #20 -- Club License #1380 Little Ski Mo -- Restaurant/Eating Place License #1774 Approved by consent agenda. ITEM F: MINUTES F-1. *Regular Meeting of February 20, 2008. Approved by consent agenda. F-2. *Notes of February 20, 2008 Council Work Session. Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS H-1. Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 9 Council Member Smalley MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 iW) C64014:1 Council Member Swarner 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. 2284-2008 -- Amending KMC 13.30.080 and KMC 13.40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas. Introduced by approval of consent agenda. H-4. *Ordinance No. 2286-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Range Increase and Making the Next Police Lieutenant an Exempt Employee Under KMC 23.10.030. Introduced by approval of consent agenda. H-5. *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. Introduced by approval of consent agenda. H-6. *Ordinance No. 2288-2008 -- Amending Chapter 14.25 Landscaping/ Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 10 Introduced by approval of consent agenda. H-7. Discussion -- Draft Bear Resistant Garbage Container Ordinance Larry Lewis, Alaska Department of Fish and Game -- Spoke to his concern with the wording of the draft, noting "bear problem areas" may make some people complacent if they don't live in that area. He would like a more pro -active approach. Council Members requested the ordinance be introduced at the March 19, 2008 meeting. H-8. Discussion -- Funding Request of Friends of the Library/Consultant for Coordinating Fundraising/Library Expansion. City Manager Koch noted the Friends of the Library would like the City to cover half of the $10,000 cost of a consultant for the Library Expansion project. Council requested an ordinance with a second reading be brought to the March 19, 2008 meeting. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Eldridge noted the next meeting would be March 13, 2008. I-2. Airport Commission -- Molloy noted the next meeting would be March 13, 2008, and requested the Beacon contract and resolution be included in the packet. I-3. Harbor Commission -- Boyle noted the next meeting would be March 10, 2008. I-4. Library Commission -- Smalley reviewed the meeting of March 4, 2008, noting the Technology Plan was approved. Mayor Porter noted there was an application for a seat on the Library Commission in the packet from Molly Graves and appointed her to the Commission. Council stated no objections. I-5. Parks & Recreation Commission -- Eldridge noted the next meeting would be April 3, 2008. I-6. Planning & Zoning Commission -- Ross noted there were two ordinances that were being forwarded from the Planning & Zoning Commission to the Council with public hearings held at the March 19, 2008 meeting. KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 11 I-7. Miscellaneous Commissions and Committees I -a. Beautification Committee -- Swarner noted the next meeting would be March 25, 2008. Mayor Porter accepted the resignation of Committee Member Helen Brown. I-b. Alaska Municipal League Report -- Smalley reviewed the teleconferences in which he recently participated. I-e. Mini -Grant Steering Committee -- No report. ® Requested a $500 donation to the Leadership Class at Kenai Central High School for their help with videotaping the Council meetings. Council directed the administration to bring this to the March 19, 2008 meeting as a resolution. ® Read a statement regarding the new Alaska Public Offices Commission (APOC) report. Council Members agreed with her comments and directed the Administration to work on placing the "Opt Out" vote on the ballot. K-1. City Manager;-- Koch reported the following items: ® Met with Borough Officials regarding the recent assessment increases and they agreed to hold a community meeting to address the issue • He would meet with department heads beginning March 6 to discuss budget issues Noted the information on CARTS in the packet was informational only. The position for the Public Works Director closed on March 5, 2008. K-2. Attorney -- Graves noted he would be working on placing the APOC issue on the ballot and airport issues. K-3. City Clerk -- Deputy City Clerk Hall reviewed the report included in the packet related to broadcasting council meetings. She added GCI would use Channel 12 rather than Channel 1 to broadcast the City Council meetings. (Due to a technical difficulty with the video camera, there was no film of the meeting.) ITEM L: DISCUSSION L-1. Citizens KENAI CITY COUNCIL MEETING MINUTES MARCH S, 2008 PAGE 12 Jim Butler, 1171 Kaknu, Kenai, Chair, Board of Fisheries -- Reported the Board of Fisheries had met and voiced concerns regarding pollution on the lower river. He asked the City to become pro -active regarding the beaches in July, suggesting prevention, mitigation and long term planning. Butler would like the Board of Fisheries to work with the City Manager and the City Attorney to come up with ways to work together on this issue. Council Member Boyle suggested the City close the road to the beach as a drastic measure to stop the problem: Butler agreed it could take something that drastic for the State to realize the seriousness of the problem. Boyle invited Butler to speak at a future Harbor Commission meeting. L-2. Council Swarner suggested someone run for a position on the board of the College Council. Smalley noted he was pleased at how many people were in the audience and thanked the Council for supporting the Library Expansion Project. Eldridge noted there was a surplus at the Congregate Housing. Harding noted her support of the Library Expansion Project and reported March 6, 2008 was the last day of the third quarter at school. Ross -- None Molloy -- None Boyle -- None ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:10 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 13 '*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.