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Home My WebLink About2009-02-18 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETYNG FEBRUARY 28, 2®09 7:®® P.M. KENAI CITY COUNCIL CHAMBERS httu: / / ww~u. 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. %TEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 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.) Ordrnanoe No. ~3Si-009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty-Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). Resolution No. 2009-03 -- Approving Nominations for Projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). *LIQUOR LICENSE RENEWAL -- Roy Dale Howard d/b/a Kenai Joe's #626/Beverage Dispensary. ITEM F: MINUTES *Regular Meeting of February 4, 2009. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. 4. *Ordinanee No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by $54,230 in the Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 5. *Ordinanee No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 6. *Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by X22,973 in the Airport Fund and by $918,899 in the Airport Equipment Capital Project Fund for the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck. 7. *Ordinanee No. 2386-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project. 8. *Ordananee No. 2387-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-2008 by $179,004 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Apron Pavement Rehabilitation Project. 9. *Ordinanee No. 2388-2009 -- Amending KMC 7.15.060 to Allow Surplus or Obsolete Supplies, Materials or Equipment to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of the City. 10. *Ordinanee No. 2389-2009 -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. 11. Approval -- Consent to Security Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually. 12. Discussion -- Scheduling work sessions/COLA discussion and budget reviews. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks i~ Recreation Commission 6. Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF TAE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk YTEM 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. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential l (RR1) to Limited Commercial (LC}. Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI O budget process.) 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. (Clerk's Note: Ordinance No. 234'7-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT I{ENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 18, 2009 7:0® P.M. KENAI CITY COUNCIL CHAMBERS http:f ~www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING M%NUTES 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: Joe Moore Rick Ross, Vice Ma or Robert Molloy teie honk Mike Boyle Pat Porter, Mayor Hal Smalley Council Member absent: Barry Eldridge A quorum was present. Also absent: Student Representative Maya Johnson A-3. AGENDA APPROVAL MOTION: Council Member Smalley MOVED for approval of the agenda as presented and requested UNAN%MOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. YTEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) None. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 2 ITEM C: Z3NSCHEDLSLED PuBL1C CfSMMENTS (3 minutes) Bob Harrison, 51011 Lamplight Road, Kenai -- Harrison stated he was representing the American Legion, spoke in opposition to the proposed smoking ordinance, and submitted written testimony. Kate Carmody, 601 Frontage Road, Kenai -- Reported she was the owner of Body, Mind 8v Spirit and spoke in opposition to the proposed smoking ordinance. Dorothy Cunningham, P.O. Box 1662, Kenai -- Reported she was the owner of the Vagabond Inn, submitted a survey taken of customers, and spoke in opposition to the proposed smoking ordinance. Joe Stanford, 46875 South M"suer Loop Road, Kenas -- Spoke in opposition to the proposed smoking ordinance. Chrystal Sehoenr, Nikiski, AK -- Reported she was a member of the VFW and state CHARR, and spoke in opposition to the proposed smoking ordinance. Paul Morrison, Kenai -- Spoke in opposition to the proposed smoking ordinance Gary Superman, Nikiski -- Reported he was the President of the Kenai Peninsula CHARR, a member of the Alaska CHARR Board, representing over 50 establishments on the Peninsula, and spoke in opposition to the proposed smoking ordinance. Raymond Barrett, Nikiski -- Spoke in opposition to the proposed smoking ordinance, noting economic concerns if the ordinance was passed. Levi Superman, Nikisks -- Reported he was an assistant to the Kenai Peninsula, reported a petition had been circulated by CHARR, read the statement included on the petition, and spoke in opposition to the proposed ordinance. Gabriel Van Zee, Kenai -- Spoke in opposition to the proposed smoking ordinance. Jenny ®lendorff, Soldotna -- Spoke in support of the proposed smoking ordinance. Donald Wright, 604 McCollum Drive, Kenai -- Discussed concerns he had related to the proposed rezone of properties along the Kenai Spur Highway and stated he would be at work when the issue came to public hearing. Wright was encouraged to put his concerns in writing to be included in the council packet for the public hearing. Debbie Sonberg, 410 Cinderella, Kenai -- Spoke in opposition to the proposed rezone of properties along the Kenai Spur Highway and requested to be included in a work session with regard to the rezone issue. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 3 Pat Falkenberg, 399 McCollum Drsve, Kenai -- Spoke in opposition to the proposed rezone of properties along the Kenai Spur Highway. Becky Espy, 903 Magio Avenue, Kenai -- Spoke in opposition to the proposed rezone of properties along the Kenai Spur Highway, noted concerns with regard to request for city records. A brief explanation of the Alaska Statute followed with regard to public record requests, inability to waive fees in order to follow the statute, etc. It was noted, a city policy was being developed and it was requested a cover summary memorandum be included when the policy was presented to council. ITEM D: REPORTS OF KPB ASSEMBLY, LEG%SLATORS AND COUNCILS Assembly Member Smalley reported on actions and discussions held during the February 17, 2009 Kenai Peninsula Borough Assembly meeting. BREAK TAKEN: 8:10 P.M. BACK TO ORDER: 8:21 P.M. ITEM E: PUBLIC HEARYNGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty-Five (25j Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). MOTION: Council Member Smalley MOVED for approval of Ordinance No. 2381-2009 and Council Member Ross SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: Moore Yes Eldrid e Absent Ross Yes Molloy Yes Bo le Yes Porter Yes Smalley Yes MOTION PASSED UNANYMOUSLY. E-2. Resolution No. 2009-03 -- Approving Nominations for Projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 4 MOTION: Council Member Smalley MOVED to adopt Resolution No. 2009-03 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was explained, the items on the list were not prioritized as that would be done by the project review committee. VOTE: There were no objections. SO ORDERED. E-3. LIQUOR LICENSE RENEWAL -- Roy Dale Howard d/b/a Kenai Joe's #626/Beverage Dispensary. Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of February 4, 2009 -- Approved by consent agenda. ITEM G: UNFINYSHED BUSINESS -- None. ITEM H: H-1. Ratification of Biflls MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. Introduced by approval of the consent agenda. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 5 H-4. Ordinance No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by $54,230 in tree Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. Introduced by approval of the consent agenda. H-5. Ordsnance No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. Introduced by approval of the consent agenda. H-6. Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by $22,973 in the Airport Fund and by X918,899 in the Airport Equipment Capital Project Fund. for the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck. Introduced by approval of the consent agenda. H-7. Ordinance No. 2386-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project. Introduced by approval of the consent agenda. H-8. Ordinance No. 238?-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-2008 by $179,004 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Apron Pavement Rehabilitation Project. Introduced by approval of the consent agenda. H-9. Ordinance No. 2388-2009 -- Amending KMC 7.15.060 to Allow Surplus or Obsolete Supplies, Materials or Equipment to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of the City. Introduced by approval of the consent agenda. H-Z0. Ordinance No. 2389-2009 -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. Introduced by approval of the consent agenda. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 6 H-11. Approva% -- Consent to Security Assignment of Lease/Lot oA, Black 1, Gusty Subdivision No. 4/Pingo Properties, Inc. & Geoffrey M. Graves, Individually. MOTION: Council Member Smalley MOVED for approval of the Consent to Security Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No. 4/Pingo Properties, Inc. 8v Geoffrey M. Graves, Individually. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. II-12. Discussion -- Scheduling Work Sessions/COLA Discussion and Budget Reviews. Budget work sessions were scheduled as follows: March 30, 2009, 6:00 p.m., Council Chambers April 2, 2009, 6:00 p.m., Council Chambers ITEM I: COMMISSION/COMMYTTEE REPORTS I-1. Council on Aging -- Council Member Ross reviewed the February 12, 2009 meeting summary which was included in the packet. I-2. Airport Commission -- Council Member Moore reviewed the February 12, 2009 meeting summary which was included in the packet. Y-3. Harbor Commission -- Council Member Smalley reviewed the February 9, 2009 meeting summary which was included in the packet. I-4. Library Commission -- No meeting. I-5. Parks 8s Recreation Commission -- Council Member Moore reported a special meeting would be held on February 24, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the February 1 1, 2009 meeting minutes which were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reviewed the February 10, 2009 meeting summary which was included in the packet. I-7b. Alaska Municipal League Report -- No meeting. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 7 I-7c. Mini-Grant Steering Committee -- Councii Member Moore reported a meeting was scheduled to be held on Thursday, February 19, 2009. %-7d. Advssory Cemetery Committee -- No report. I-7e. Kenai Convention & Visitors Bureau -- No report. I-7f. Salmon Task Force -- Council Member Moore reviewed the February 11, 2009 meeting summary and noted, the group would need another two meetings prior to completing its presentation. Moore requested a work session to hear the presentation be scheduled during the next council meeting. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She would travel to Anchorage to visit the survivors of the weekend's car accident. • She made a presentation at the Kenai Rotary. • She requested approval to order a large cake for the Fourth of July festivities. There were no objections from council. • She gave a brief update of real estate information related to foreclosures on the Kenai Peninsula. • She, City Manager Koch and several department heads met with residents from the Sprucewood Townhouses. The residents reported they wanted to improve the look of the neighborhood and city administration would be working with them to do so, including leveling and adding top soil to city Lots. It was noted, the residents were made aware the city Lots were for sale. ITEM K: ADMINISTRATION REPORTS K-I. City Manager -- City Manager Koch reported the following: • The quarterly financial report and investment report were included in the packet. • A draft ordinance for amending the Limited Commercial Zone was included in the packet as an information item. Copies of the proposed ordinance would be mailed to all the individuals for whom addresses were available, who had been participating in discussions related to the proposed rezone along the Spur Highway. • A draft ordinance for amending the Landscaping Site Plan code would also be mailed out to those, for whom addresses were available, who had been participating in discussions related to the proposed rezone along the Spur Highway. Administration was requested to mail copies of the proposed ordinances to property owners of other Limited Commercial zoned properties and include information of when the documents would be before the Planning & Zoning Commission for public hearing. • Funding requests for City of Kenai projects had not been included in the reductions from the Governor's budget. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 8 • Referred to the news report of new federally mandated requirements for airports and noted, the City would comment in opposition to the mandates. • Administration was working on the next year's budget. • Discussed applications for federal appropriations that could be funded by the stimulus program. • He contacted members of the Corps in Anchorage and Washington, DC related to the stimulus package to be sure the bluff erosion project could fall within funding parameters. K-2. Attorney -- No report. K-3. City Clerk -- Clerk Freas noted the following items: • Referred to information included in the packet related to holding council, board, commission and committee training with the City of Soldotna. Council stated no objections and suggested March 28 and April 4, 2009 dates for holding the training. Freas was requested to provide asign-in sheet for members of the public to complete prior to the beginning of the meeting. ITEM L: DISCUSSION L-1. Citizens (five minutest Janine Espy, 403 McCollum 'Drive, Kenai -- Stated the following: • She supported the council/commission training and suggested members of the public be invited who may be interested in being appointed to a commission, committee or board. • Requested a work session be held with related to the Limited Commercial rezone and include the property owners/residents from the areas affected to attend. • Noted people were interpreting the Comprehensive Plan differently which some felt was a cause of some of the dissention. Seuss. Recommended council read, "Bartholomew and the Oobleck" by Dr. Debbie Sonberg, 410 Cinderella Street, Kenai -- Discussed requests made for information and concerns with the process. Becky Espy, 903 Magsc Avenue, Kenai -- Questioned the counting of hours with regard to researching/compiling requests for information. Espy was advised, a written response would be provided to her during the next day. L-B. Council Molloy -- Reported the Planning 8r, Zoning Commission failed the application for rezone. KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 9 Smalley -- Noted the draft smoking ordinance was included in the packet as an information item; the ordinance would be introduced on March 4, 2009; additional information was provided to council; and asked if a work session should be scheduled. A brief discussion took place related to scheduling a work session. Comments included: • A work session would allow discussion of different options. • Many of the business owners who spoke earlier in the meeting, were from outside the city and would not be affected by the ordinance. No work session was scheduled. Smalley also thanked administration for the monthly reports. Moore -- Thanked those who spoke for their testimony. Ross -- Thanked Ms. Espy for the candy. Boyle -- Stated he believed a review of the Comprehensive Plan should be made, reported on the Police Department's K-9 presentation to the KCHS students, and suggested a similar presentation could be made to council. ITEM M: IaENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FY10 budget process.) 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. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meefing and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codifij.) -- None Scheduled KENAI CITY COUNCIL MEETING FEBRUARY 18, 2009 PAGE 10 ITEM N: There being no further business before the Council, the meeting adjourned at approximately 9:32 p.m. Minutes submitted by: Carol L. Freas, City Clerk 'The student may cast advisory votes on ali 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 cote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. A~I~YE~ ~°~ ~~LftdCiL aI'~