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Home My WebLink About2008-02-20 Council MinutesV.p CITY •OYN• '7:�r MEETING FEBRUARY r2008. rr KENAI CITY COUNCIL CHAMBERS httn: I /www.ci.kenai.ak.us I , 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. Ingrid Edgerly, Love INC of the Kenai Peninsula -- Homelessness on the Kenai Peninsula and Love INC Family Hope Center 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. 2279-2008 -- Increasing Estimated Revenues and Appropriations by $39,238 in the General Fund for a Grant for Police Equipment and Transferring $11,831 in the Police Department for the Grant Match. 2. Ordinance No. 2280-2008 -- Amending KMC 23.50.010 to Change the Range of the Public Works Director Position From a Range 24 to a Range 23. 3. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing. 4. Resolution No. 2008-05 -- Setting the Public Hearing Date on the Proposed Thompson Park, Beaver Creek, Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Paving District. 5. Resolution No. 2008-06 -- Setting the Time and Place for a Public Hearing on the Aliak, McCollum, Japonski Street Improvement Special Assessment District. 6. Resolution No. 2008-07-- Setting the Time and Place for a Public Hearing on the Set Net Drive Special Assessment District. 7. Resolution No. 2008-08 -- Setting the Time and Place for a Public Hearing on the Angler Drive Special Assessment District. 8. Resolution No. 2008-09 -- Awarding a Lease to Copper River Seafoods for Kenai Dock Stations No. 2 and No. 3 From May 15, 2008 to May 14, 2011 for the Amount of $41,000 Per Year and Boat Storage Areas No. 2 and No. 3 From June 1, 2008 to May 14, 2011 for the Amount of $1,001 Per Month. ITEM F: MINUTES 1. *Regular Meeting of February 6, 2008. ITEM G: 1. Discussion -- Schedule Budget Work Sessions 2. Discussion -- Council Meeting Videotaping ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 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. 5. Discussion -- Rezone of Airport Property ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v 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 K: 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. 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.) -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING FEBR(TARY 20, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-l. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. The City Clerk took roll. Present were: Barry Eldridge Rick Ross Robert Molloy Mike Boyle Pat Porter, Mayor Linda Swarner, Vice Mayor Hal Smalley A quorum was present. Absent: Brittany Harding, Student Representative A-3. pw Ohl r76y:1 w:I;Z�]�/.ill Mayor Porter requested an executive session be added to the agenda. Council Member Smalley MOVED for approval of the agenda with the addition of an executive session. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ffs: 4ti Council Member Swarner MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 2 B-1. Ingrid Edgerly, Love INC of the Kenai Peninsula -- Homelessness on the Kenai Peninsula and Love INC Family Hope Center Update. Ms. Edgerly stated she was the Executive Director of Love INC and her address as P.O. Box 3052, Kenai. Edgerly explained the organization operated as a clearinghouse connecting people in need with available resources through agencies, organizations and church volunteers. Edgerly noted the University of Alaska Institute of Social and Economic Research (ISER) report was included in the packet which indicated the amount of homelessness in the Kenai Peninsula Borough. Dan Van Zee, 3035 Nicholas Drive, Soldotna, AK -- Van Zee gave a presentation on the amount of homelessness on the Peninsula and the organization's interest in developing a transitional living facility in the City of Kenai. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. 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. 2279-2008 -- Increasing Estimated Revenues and Appropriations by $39,238 in the General Fund for a Grant for Police Equipment and Transferring $11,831 in the Police Department for the Grant Match. MOTION: Council Member Smalley MOVED for the adoption of Ordinance No. 2279-2008 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Harding: Absent Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 3 Im Ordinance No. 2280-2008 -- Amending KMC 23.50.010 to Change the Range of the Public Works Director Position From a Range 24 to a Range 23. Council Member Eldridge MOVED for adoption or Ordinance No. 2280-2008 and Council Member Swarner SECONDED the motion. There were no public or council comments. *Student Representative Harding: Absent Eldridge Yes Ross Yes----LMolloy Yes Bo le Yes Porter Yes Swarner Yes Smalle Yes E-3. Ordinance No. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2281-2008 and Council Member Smalley SECONDED the motion. There were no public comments. There were questions related to 901.4, Installation of Fire Protection Systems and 308.3, Open Flame. A request was made for additional information as to the latitude the city had with enforcement of uses of open flames, both indoor and outdoor. Council Member Ross MOVED to postpone Ordinance No. 2281-2008 to the first meeting in March and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Harding: Absent CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 4 Eldridge Yes j Ross Yes Mollo Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes E-4. Resolution No. 2008-05 -- Setting the Public Hearing Date on the Proposed Thompson Park, Beaver Creek, Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Paving District. Council Member Molloy MOVED to approve Resolution No. 2008-05. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Carroll Murphy, Thompson Park -- Mr. Murphy stated his support of the paving project but stated concern with a ten percent (10%) interest rate if paid in installments. It was explained the resolution set a public hearing date and his concerns should be presented at the March 19 public hearing. VOTE: There were no objections. SO ORDERED. E-5. Resolution No. 2008-06 -- Setting the Time and Place for a Public Hearing on the Aliak, McCollum, Japonski Street Improvement Special Assessment District. urs _ •`i Council Member Swarner MOVED for approval of Resolution No. 2008-06 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-6. Resolution No. 2008-07-- Setting the Time and Place for a Public Hearing on the Set Net Drive Special Assessment District. 10010UluQ Council Member Molloy MOVED to approve Resolution No. 2008-07 and Council Member Smalley SECONDED the motion. CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 5 There were no public or council comments. VOTE: *Student Representative Harding: Absent Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes • r a E-7. Resolution No. 2008-08 -- Setting the Time and Place for a Public Hearing on the Angler Drive Special Assessment District. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-08 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no public or council comments. There were no objections. SO ORDERED. Concern was expressed all the public hearings on special assessment districts were being scheduled for the same evening. Administration was requested to advise council of concerns received from property owners at the March 5 meeting. E-8. Resolution No. 2008-09 -- Awarding a Lease to Copper River Seafoods for Kenai Dock Stations No. 2 and No. 3 From May 15, 2008 to May 14, 2011 for the Amount of $41,000 Per Year and Boat Storage Areas No. 2 and No. 3 From June 1, 2008 to May 14, 2011 for the Amount of $1,001 Per Month. FT01fiffsNA Council Member Molloy MOVED for approval of Resolution No. 2008-09. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. CITY COUNCIL MEETING MINUTES FEBRUARY 20,2008 PAGE 6 There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of February 6, 2008 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS G-1. Discussion -- Schedule Budget Work Sessions Council scheduled budget work sessions for April 14, 2008 at 6:00 p.m. and April 21, 2008 at 6:00 p.m. Administration was requested to provide the draft budget to council members prior to April 1. Council was informed of a request from the Airport Commission to have Finance Director Semmens attend its next meeting to discuss the Airport budget more fully. G-2. Discussion -- Council Meeting Videotaping City Clerk Freas reviewed information included in the packet, i.e. need for coverage during school breaks, whether to contract, etc. Freas was requested to contact GCI and check whether breaks could be taken, etc. A report of the findings was requested for the March 5 meeting. ITEM H: H-1. Bills to be Ratified 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 -- None. H-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. CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 7 Introduced by consent agenda. H-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. Introduced by consent agenda. H-5. Discussion -- Rezone of Airport Property A brief discussion took place of whether council wanted to initiate the rezone of Airport Reserve property located north of the Kenai Spur Highway. Council Member Eldridge MOVED to forward the rezone of airport property question to the Planning 8s Zoning Commission. Council Member Ross SECONDED the motion. VOTE: *Student Representative Harding: Absent Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes ITEM I: I-1. Council on Aging -- Council Member Boyle reported the next meeting would be held March 13, 2008. I-2. Airport Commission -- Council Member Molloy reviewed items discussed and actions taken at the February 14, 2008 meeting. I-3. Harbor Commission -- Council Member Boyle reviewed actions and items discussed from the February 11 meeting and noted the meeting summary was included in the packet. I-4. Library Commission -- Council Member Smalley reviewed the February S meeting summary included in the packet, noting the next meeting would be held March 4. CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 8 Mayor Porter informed council of Rebecca Gilman s decision to resign from the Commission and requested a thank you letter be prepared. I-S. Parks & Recreation Commission -- Council Member Eldridge reported the next meeting would be held on April 3. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed discussions and actions taken at the February 13 Planning 8s Zoning Commission meeting and noted the meeting minutes were included in the packet. Mayor Porter noted an appointment was needed to the Commission and recommended Karen Koester be appointed. Council stated no objections. A thank you letter to Tony Lewis was requested to be prepared. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held on March 25. I-7b. Alaska Municipal League Report -- Council Member Smalley reported he participated in a teleconference related to SB 72, revenue sharing. I-7e. Mini -Grant Steering Committee -- No report ITEM J: REPORT OF THE MAYOR -- No report ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following items: • He traveled to Juneau and discussed revenue sharing with legislators. • Received notification from the Rasmuson Foundation regarding the Tier II grant application. An ordinance to appropriate funds for professional services would be included in the next packet for the first and second readings. Funds would be used for assistance in preparation of the grant application. • A well producing reasonable amount of water was found near the city dock. The well/water was being tested. • The Everts Fuel Lease agreement would be executed. Administration was requested to include last year's figures in the airport enplanement report for comparisons. K-2. Attorney -- City Attorney Graves reported the following: CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 9 ® An ordinance related to ATV use on city beaches would be included on the March 5 agenda for introduction. The ordinance was written consistent with what commissions had recommended. ® He had prepared a draft bear nuisance ordinance and requested council direction whether it should be included on the March 5 agenda for introduction or as a discussion item. Council directed it be a discussion item and requested Larry Lewis (Alaska Fish & Game) to attend the meeting as well. K-3. City Clerk -- Clerk Freas reported the following: ® She, along with the Borough Clerk and Soldotna City Clerk met with representatives of the Peninsula Clarion to discuss Mayor Porter's idea of a "government page" as a weekly addition to the paper. The Clarion would be forwarding some options in the near future. i Last month a letter was sent to Mayor Carey and Assembly President Merkes requesting to hold a joint work session to discuss common issues of interest (water/sewer, roads, etc.). The Soldotna Clerk was directed to work with Freas to identify a common date for scheduling. Porter stated she would contact Mayor Carey and President Merkes to schedule a date. ITEM L: DISCUSSION L-1. Citizens -- Bob Peters, Old Town -- Commented on videotaping of council meetings and concern for estimated costs stated for contracting the work. L-2. Council Swarner -- Questioned the process of snowplowing, i.e. scheduling of what street is plowed first, etc. Smalley -- • Thanked Freas for the copies of Roberts Rules provided to the council members. • Congratulated Karen Koester for her appointment to the Planning & Zoning Commission. Eldridge -- Stated he was happy Wal-Mart presented a check to the Challenger Center. Ross -- Congratulated Koester on her appointment. Molloy -- ® Noted the airport rezone would be major and wanted to take time in its consideration. CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 10 Boyle -- ® Commented on the use of the videotaping to be broadcast on the cable channel, noting it was the most cost effective way to get meetings out to the public, provide information to the public and get the public to care about what was happening in local government. Porter -- No comments. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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.) EXECUTIVE SESSION -- None Scheduled MOTION: Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concerning matters which would clearly have an adverse effect upon the finances of the City: to discuss negotiations for facility management services for the PRISM Training Facility and requested City Attorney Graves, City Manager Koch, and Finance director Semmens to attend. Council Member Smalley SECONDED the motion. VOTE: Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes Council Member Swarner reported, during the executive session council directed the city manager and management team to continue the negotiations for the Fire Training Center. CITY COUNCIL MEETING MINUTES FEBRUARY 20, 2008 PAGE 1.1 Porter reported she had been approached by Pebble Mine to do a photo shoot which she did. She noted, the photo would be aired in the future. She stated the ad was not necessarily supporting Pebble mine, but caring for the environment and she would not be paid for her participation. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:20 p.m. Minutes submitted by: / n r . /7—� 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. C:e94R;e;91. C