HomeMy WebLinkAbout2009-03-18 Council MinutesAGENDA
KENAI CITY COUNCIL -REGULAR MEETING
MARCH 18, 2009
'z:®o P.M.
KENAI CITY COUNCIL
http: / /www.ci.kenai.ak.us
YTEM 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)
David Horton -- ATV and Snow Machine Use on City Streets
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. 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.
(Clerk's Note: At its March 4, 2009 meeting, Council moved to adopt Ordinance
No. 2389-2009 and subsequently postponed action to allow time to correct
verbiage omitted from Attachment A. The motion to adoyst is active. j
a. Sutsstitute 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.
2. Ordinance No. 2391-2009 -- Amending KMC 14.20.240(c)(6) to Allow an
Extension for the Ninety (90) Day Time Limit for Skirting in Mobile
- Homes Placed in Mobile Horne Parks.
3. Ordinanoe No. 2392-2009 -- Amending KMC 21.05.085, Airport Fuel
Flowage Fee.
4. Resolution No. 2009-06 -- Supporting the Efforts of the Kenai
Watershed Forum to Secure Financial Support, Both Private and Public,
for Renovation of the House and Adjacent Property at Soldotna Creek
Park Leased to the Kenai Watershed Forum and Owned by the City of
Soldotna.
5. Resolution No. 2009-07 -- Supporting the Continued Use of the
Cultural and Historical Name of Shk'ituk'tnu for the Creek Situated
Approximately One Mile North of the Kenai Spur Highway, East of
Marathon Road.
6. Resolution No. 2009-08 -- Awarding the Bid to Alaska Automatic Fire
Protection, Inc. for Vintage Pointe Dry Sprinkler System Replacement -
2009 for the Total Amount of $49,574.00.
7. Resolution No. 2009-09 -- Awarding the Bid to World Wide Roofing &
Construction, Inc. for Vintage Pointe Casement Window Replacement -
2009 for the Total Amount of $94,297.00.
8. Resolution No. 2009-10 -- Authorizing the Kenai Police Department to
Participate With the Bureau of Highway Patrol Traffic Team and to
Authorize the Kenai Police Department to Hire a New Officer to Meet
Staffing Needs Within the City of Kenai as a Result of the Department's
Participation with the Bureau of Highway Patrol Traffic Team.
9. Resolution No. 2009-11 -- Authorizing a Budget Transfer Within the
City Shop Department to Cover Costs in Excess of Budgeted Amounts for
Operating and Repair Supplies.
ITEM F: MINUTES
1. *Regular Meeting of March 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. 2393-2009 -- Amending the Official Kenai Zoning Map
by Rezoning Approximately 22 Acres Located North of the Kenai Spur
Highway From McCollum Drive West to No-Name Creek From Rural
Residential 1 (RR1) and Conservation (C) to Limited Commercial (LC).
4. *Ordinance No. 2394-2009 -- Increasing Estimated Revenues and
Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the
Runway Improvement Capital Project Fund for Additional Phases of the
Airport Apron Pavement Rehabilitation Project.
5. *Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations
by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for
the Grant Funds Awarded Through the "American Recovery and
Reinvestment Act (ARRA) Stimulus Package."
6. Discussion -- Schedule Work Session/Kenai Salmon Task Force
Presentation.
7. Discussion -- Draft Ordinance -- KMC 14.20.270/Amendment
Procedures.
YTEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8v Recreation Commission
6. Planning 8v 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 TI3E MAYOR
YTEM 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. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumiey 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 FYl 0 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 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
KENAI CITY COUNCIL -REGULAR MEETING
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-l. PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
The City Clerk took roll. Present were:
Rick Ross, Vice Ma or Robert Molloy Pat Porter, Ma or
Hal Smalle Joe Moore Barry Eldridge
Absent was: Mike Boyle
A quorum was present.
Also present: Student Representative Maya Johnson
A-3.
AGENDA APPROVAL
The following changes were requested:
ADD TO: E-3, Ordnnance No. 2392-2009 -- Letter from Everts Air Flzel, Inc. with
concerns related to fuel flowage fees.
ADD TO: E-5, Resolution No. 2009-07 -- 3/9/09 Dr. Alan Boraas Letter of
objection related to the creek name of Shk'ituk'tnu and a brief history
of Shk'ituk'tnu.
ADD TO: E-7, Resolution No. 2009-09 -- Bid award for Vintage Pointe Casement
Window Replacement -Letter of protest submitted by Dan
Sterchi/Sterchi Construction w/attached letter from Milgard Windows &
Doors.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 2
SUBST%TUTE: H-2, Purchase Orders Exceeding $15,000 -- Addition of an
increase to the existing purchase order to RSA Engineering with
memorandum of explanation.
MOTION:
Council Member Smalley MOVED for approval of the agenda with the requested
additions and requested UNANIMOUS CONSENT. Council Member Eldridge
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 Eldridge SECONDED the
motion. There were no objections. 50 ORDERED.
ITEM B: SCHEDULED PUBL%C COMMENTS (10 minutes)
B-1. David Horton -- ATV and Snow Machine Use on City Streets
Mr. Horton discussed concerns he had with snow machine winter usage and four-
wheeler summer usage of city streets when the municipal code prohibited use on
streets. He requested signage, enforcement of the prohibited use currently in the
code, or amend the code to allow their use.
A brief discussion followed during which comments included a review of what the city
ordinance and state law allowed, past policy of the Police Department, enforcement of
the code and state law, contacts made in Norton's neighborhood with regard to snow
machine and four-wheeler complaints.
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None.
YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
Borough Assembly Member Smalley reported the next meeting would be held on
March 24, 2009.
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
E-1. Ordinance No. 2389-2009 -- Amending KMC 14.20.260 to Better
Provide for Enforcement for Violations of the Kenai City Code and to
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 3
Provide for Appeal of Administrative Enforcement Orders to the Board of
Adjustment.
(Clerk's Note: At its March 4, 2009 meeting, Council moved to adopt Ordinance
No. 2389-2009 and subsequently postponed action to allow time to correct
verbiage omitted from Attachment A. The motiord to adopt is active.)
E-la. Snbststute Ordinance No. 2359-2009 -- 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.
MOTION:
Council Member Eldridge MOVED for approval of Substitute Ordinance No. 2389-
2009 and Council Member Smalley SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
Council reviewed the ordinance and Acting City Manager Sandahl explained the need
for the code amendment. It was also noted the amendment would provide for an
appeal to the Board of Directors and guidelines to work with individuals to provide
abatement as well as a payment schedule.
VOTE:
*Student Representative Johnson: Yes
Ross Yes Mollo Yes Bo le Absent
Porter Yes Smalle Yes Moore ,Yes
Eldridge Yes i
MOTION PASSED LTNANIMOi7SLY.
E-2. Ordinance No. 2391-2009 -- Amending KMC 14.20,240(c)(6) to Allow an
Extension for the Ninety (90) Day Time Limit for Skirting in Mobile
Homes Placed in Mobile Home Parks.
MO`P.°ION:
Council Member Molloy MOVED for enactment of Ordinance No. 2391-2009 and
Council Member Eldridge SECONDED the motion.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 4
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
It was noted, the ordinance allowed for an extension to skirting of mobile homes
within mobile home parks (only location allowed within the city for placement of
mobile homes) when building permits for the mobile home has been extended.
VOTE:
*Student Representative Johnson: Yes
Ross Yes Molloy Yes Boyle Absent ~
j Porter Yes ~ Smalley Yes ~ Moore ~ Yes '
j Eldridge ~ Yes ~ ~ ~
MOTION PASSED UNANIMOUSLY.
E-3. Ordinance No. 2392-2009 -- Amending KMC 21.05.085, Airport Fuel
Flowage Fee.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2392-2009 and Council
Member Eldridge SECONDED the motion.
The floor was opened to public hearing.
Mike Ke%iy, P.O. Box 874, Kenai -- Referred to the letter added to the packet noting
concerns related to fuel flowage fees and stated he opposed the increase in landing
fees and objected to the fuel flowage fee.
With no one else wishing to speak, the public hearing was closed.
MOT%ON TO POSTPONE:
Council Member Molloy MOVED to postpone Ordinance No. 2392-2009 in order to
hold a work session to be scheduled. Council Member Eldridge SECONDED the
motion.
Discussion followed during which it was noted the ordinance would lower the fuel
flowage fee and the memorandum included in the packet from City Manager Koch was
reviewed.
W%THD%2AWAL OF MOTION:
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 5
Council Member Molloy, with the consent of Council Member Eldridge, withdrew his
motion.
It was requested a work session be held to include members of the Airport
Commission and users of the airport. Information to be included in a work session
packet was to include the Everts letter and minutes of the Airport Commission
meetings when the topic had been considered.
VOTE:
*Student Representative Johnson: Yes
Ross I Yes ~ Molloy Yes Boyle Absent
Porter Yes ,Smalley (Yes Moore Yes
Eldridge Yes ~ ~
MOTION PASSED UNANIMOUSLY.
E-4. Resolution No. 2®®9-06 -- Supporting the Efforts of the Kenai
Watershed Forum to Secure Financial Support, Both Private and Public,
for Renovation of the House and Adjacent Property at Soldotna Creek
Park Leased to the Kenai Watershed Forum and Owned by the City of
Soldotna.
MOTION:
Council Member Moore MOVED for approval of Resolution No. 2009-06 and requested
UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion.
The floor was opened to public hearing.
Robert Ruffner, Executive Darector/Kenai Watershed Forum -- Ruffner spoke in
support of the resolution.
Additional comments included:
• The bird viewing platform was 90% completed.
• Stimulus package grants were available for the removal and replacement
of culverts.
• Identified culverts within the city needing to be replaced and his desire to
include those culverts in the grant application the Forum was preparing.
• Understood a resolution would be brought forward for council
consideration at its next meeting related to the culvert replacement.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 6
VOTE:
There were no objections. SO ORDERED.
E-5. Resolution No. 2009-07 -- Supporting the Continued Use of the
Cultural and Historical Name of Shk'ituk'tnu for the Creek Situated
Approximately One Mile North of the Kenai Spur Highway, East of
Marathon Road.
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2009-07 and
requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
It was noted, the Parks 8v Recreation Commission reviewed the application at its
special meeting, though the historical name of Shk'ituk'tnu was not known at that
time. It was also reported the Planning 8v Zoning Commission reviewed the
information and recommended the historical name be maintained.
VOTE:
There were no objections. SO ORDERED.
E-6. Resolution No. 2009-08 -- Awarding the Bid to Alaska Automatic Fire
Protection, Inc. for Vintage Pointe Dry Sprinkler System Replacement -
2009 for the Total Amount of $49,574.00.
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2009-08 and
requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
Council and administration comments included:
® Concerns of the large difference between the low bid and the next lowest.
s It was a specialized type of construction and it was felt the work could be
done by-some more efficiently than by others.
® The city manager was familiar with the low bidder and felt comfortable
they would complete the job.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 7
sensitive.
The guarantee of bid price was for 90 days and the issue was not time
MOTION TO POSTPONE:
Council Member Ross MOVED to postpone Resolution No. 2009-08 and Council
Member Moore SECONDED the motion.
VOTE ON POSTPONEMENT:
*Student Representative Johnson: Yes
Ross Yes Mollo Yes Boyle Absent
Porter Yes Smalle Yes Moore Yes
Eldridge Yes I
MOTION PASSED UNANIMOUSLY.
E-7. Resohstion No. 2009-09 -- Awarding the Bid to World Wide Roofing 8v
Construction, Inc. for Vintage Pointe Casement Window Replacement -
2009 for the Total Amount of $94,297.00.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2009-09 and Council
Member Moore SECONDED the motion.
The floor was opened to public hearing.
Dan Sterchi, Kenai -- Spoke in opposition to the resolution and reviewed his letter
added to the packet, noting his protest of the award of the bid.
Council and administration comments included:
• Administration had not had time to address the letter of protest prior to
the meeting.
• Administration received the specifications for the Fiber Shield windows
and found they had the same attributes as the Milgard windows, except for sound.
• When speaking with representatives of Pioneer Glass, they felt their
product was equal to the Milgard product.
• Administration reviewed and compared the window specifications and
felt the Pioneer Glass product was equivalent to the Milgard product.
• The specifications stated Milgard or the equivalent.
• The other bidders used Fiber Shield products in their bids.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 8
Administration discussed the issue but had not responded to Milgard or
Sterchi.
MOTION TO POSTPONE:
Council Member Ross MOVED to postpone Resolution No. 2009-09 to the first meeting
of April and Council Member Eldridge SECONDED the motion.
VOTE:
*Student Representative Johnson: Yes
Ross Yes E Molloy Yes ~ Boyle Absent
Porter Yes i Smalley j Yes Moore Yes j
Eldridge Yes
MOTION PASSED UNANIMOUSLY.
E-S. Resolution No. 2009-10 -- Authorizing the Kenai Police Department to
Participate With the Bureau of Highway Patrol Traffic Team and to
Authorize the Kenai Police Department to Hire a New Officer to Meet
Staffing Needs Within the City of Kenai as a Result of the Department's
Participation with the Bureau of Highway Patrol Traffic Team.
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2009-10 and
requested UNANIMOUS CONSENT. Council Member Smalley 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:
There were no objections. SO ORDERED.
E-9. Resolution No. 2009-11 -- Authorizing a Budget Transfer Within the
City Shop Department to Cover Costs in Excess of Budgeted Amounts for
Operating and Repair Supplies.
MOTION:
Council Member Smalley MOVED for adoption of Resolution No. 2009-11 and Council
Member Eldridge SECONDED the motion.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 9
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:
*Student Representative Johnson: Yes
Ross Yes Molio Yes Bo le Absent
Porter Yes Smalle Yes Moore Yes
Eldrid~e__ _ Yes i
MOT%ON PASSED UNANIMOUSLY.
%TEM F: MINUTES
F-1. Regular Meeting of March 4, 2009 -- Approved by consent agenda.
ITEM G: UNFINISHED BUSINESS -- None.
ITEM H: NEW BUSINESS
H-1. Ratification of Bills
MOTION:
Council Member Smalley MOVED to ratify the bills. Council Member Eldridge
SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE:
There were no objections. SO ORDERED.
H-2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Molloy MOVED to approve the revised list of 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
MARCH 18, 2009
PAGE 10
BRE~aK TAKEN: 8:02 P.M.
BACK TO ORDER: 8:10 P.M.
li-3. Ordinance No. 2393-2009 -- Amending the Official Kenai Zoning Map
by Rezoning Approximately 22 Acres Located North of the Kenai Spur
Highway From McCollum Drive West to No-Name Creek From Rural
Residential 1 (RRl) and Conservation (C) to Limited Commercial (LC).
MOTION:
Council Member Eldridge MOVED to introduce Ordinance No. 2393-2009 and Council
Member Moore SECONDED the motion.
The floor was opened for public comment
Charles Winegarden, 309 Princess Lane, Kenai -- Spoke in opposition to the
ordinance and noted concerns with the Comprehensive Plan and traffic.
Mark Schrag, 312 Princess Lane, Kenai -- Spoke in opposition to the ordinance,
requested a work session be held, and requested the ordinance be tabled in order to
allow time to move forward a petition received to form a MAPS Special Zone.
Roy Espy, 403 McCollum Drive, Kenai -- Requested council to work with the
neighborhood in reviewing the MAPS Special Zone petition documents and find a
compromise.
Janine Espy, 403 McCollum Drive, Kenai -- Spoke in opposition to the ordinance
and requested the ordinance be postponed, a work session be held, and a compromise
found.
With no one else wishing to speak, the public hearing was closed.
Discussion followed with Council and administration comments including:
• Concern several of the "whereas" paragraphs were inappropriate.
• Support for postponing action on the ordinance to allow time for the
Limited Commercial Zone amendments to be considered by the Planning & Zoning
Commission and council.
• Postponement could be considered after the public hearing was held.
VOTE ON YNTRODUCTYON:
*Student Representative Johnson: Yes
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 11
Ross ~ Yes Molloy Yes Bo le Absent
Porter j Yes Smalley No Moore Yes
Eldridge Yes ~ ~
MOTION PASSED.
MOTION TO POSTPONE:
Council Member Molloy MOVE
council meeting in May (May 6,
motion.
VOTE ON POSTPONEMENT:
D to postpone Ordinance No. 2393-2009 until the first
2009). Council Member Smalley SECONDED the
*Student Representative Johnson: Yes
f Ross No Mollo Yes __ Boyle Absent
Porter . No Smalle Yes Moore No
Eldridge i No
MOTION FAILED.
H-4. Ordinance No. 2394-2009 -- Increasing Estimated Revenues and
Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the
Runway Improvement Capital Project Fund for Additional Phases of the
Airport Apron Pavement Rehabilitation Project.
Introduced by approval of the consent agenda.
H-5. Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations
by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for
the Grant Funds Awarded Through the "American Recovery and
Reinvestment Act (ARRA) Stimulus Package."
Introduced by approval of the consent agenda.
H-6. Discussion -- Schedule Work Session/Kenai Salmon Task Force
Presentation.
A work session was scheduled for May 18, 2009 to begin at 6:00 p.m. with a light meal
provided.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 12
The "smoke free ordinance" work session previously scheduled for May 28, 2009 was
rescheduled for May 26, 2009 beginning at 6:00 p.m. in the council chambers.
H-7. Discussion -- Draft Ordinance -- KMC 14.20.270/Amendment
Procedures.
Council Member Molloy discussed the draft ordinance he developed to amend KMC
14.20.270, noting he did so because there was a lack of written standards to guide the
Planning 8v Zoning Commission and City Council on rezone applications. Molloy
reviewed the draft ordinance and suggested the draft be sent first to the Planning &
Zoning Commission for a work session to be held within the next three months.
Other comments included:
• A suggestion the Airport Commission review the ordinance as well.
• Request administration work with both the Planning 8s Zoning and
Airport Commissions to make sure what comes out of their reviews have appropriate
language.
Council consensus was for the draft ordinance to be forwarded to the Airport
Commission first and then to the Planning 8v Zoning Commission for review and
comment.
ITEM I: COMMISSION/COMM%TTEE REPORTS
I-l. Council on Aging -- No meeting.
I-2. Airport Commission -- Council Member Eldridge reviewed the meeting
summary of the March 12, 2009 meeting which was included in the packet.
Y-3. harbor Commission -- Council Member Smalley reviewed the meeting
summary of the March 9, 2009 meeting which was included in the packet.
I-4. Library Commission -- Council Member Molloy reviewed the meeting
summary of the March 3, 2009 meeting which was included in the packet.
I-5. Parks Ss Recreation Commission -- Council Member Moore reported the
next meeting would be held on April 2, 2009.
I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the
minutes of the March 11, 2009 meeting which were included in the packet.
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee -- Mayor Porter reviewed the meeting
summary of the March 10, 2009 meeting which was included in the packet.
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 13
I-7b. Alaska Munscipal League Report -- Council Member Smalley reported a
tentative meeting could be scheduled for April and a trip to Juneau prior to the end of
the legislative session.
I-7c. Mini-Grant Steering Committee -- Mayor Porter requested Clerk Freas
to schedule a meeting in April.
I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported
the next meeting would be held on Aprii 16, 2009.
I-7e. Kenai Convention &a Visitors Bureau -- Council Member Smalley
reported a meeting would be held on March 25, 2009.
%-7f. Salmon Task Force -- Council Member Moore reported a meeting would
be held but had not yet been scheduled.
ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following
items:
• She participated in a ribbon cutting of the new gymnasium of the
Community Care Center.
• She attended the St. Baldrick's fundraising event.
ITEM K:
K-I. City Manager -- No report.
K-2. Attorney -- No report.
K-3. City Clerk -- Clerk Freas reported effective meeting training had been
scheduled for March 28, 2009 for commissions and committees and April 4, 2009 for
the Planning ~ Zoning Commission and City Council. It was suggested the training be
recorded and Clerk Freas stated she would inquire to that regard.
ITEM L: DISCUSSION
L-l. Citizens (five minutes)
Robert Ruffner, Watershed Forum -- Discussed the 90-degree turn at the boat
launch and needing to decide whether to maintain the foot trail or not. Ruffner
reported he spoke with administration and they were discussing it, however he wanted
council to be aware of the issue.
Council comments included:
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 14
• Agreement with the recommendation to leave the trail.
• Request clarification from administration.
• Concerns with continuing the trail and foot traffic in that area.
• The Harbor Commission stated concern that if the path would be
continued, it would need to be marked well with signage added.
Mark Sehrag, 312 Princess Lane, Kenai -- Questioned whether the neighborhood's
efforts to find a compromise was a waste of time. General comments from council
were that work was progressing.
L-2. Council
Smalley -- No comments.
Moore -- • Reported he would be absent from the April 15 meeting.
• Noted there was another no-name creek at the mouth of the river and
suggested contacting the Kenaitze Indian Tribe to learn if there was a historical name
for the creek.
• Expressed concerns with the Molloy draft ordinance related to airport
conservation lands, rezone process being made more difficult, and possible costs to
General Fund with regard to sale of conservation lands.
Eldridge -- No comments.
Johnson -- No comments.
Ross -- Referred to the earlier Molloy ordinance discussion and requested a
verbatim of the meeting's comments be forwarded to the Airport and Planning &
Zoning Commissions to review during their consideration of the draft ordinance.
There were no objections of the request from council.
Molloy -- Thanked council for its comments related to his draft ordinance, and
thanked administration for the schematic design of the library to review and the Police
Department's annual report.
Porter -- Noted she was beginning to develop the spring newsletter and was
seeking information for inclusion.
Smalley -- Noted upcoming fundraising activities for the library expansion, i.e.
March 28 dance at the VFW and April 4 high tea at the Merit Inn.
ITEM Mc PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
KENAI CITY COUNCIL MEETING
MARCH 18, 2009
PAGE 15
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
Lamited 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 -
Deveiopment-Preparation-Distribution-Publication-Late Materials. (Clerk's Note:
Ordinance No. 2347-2008, 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
YTEM N:
There being no further business before the Council, the meeting adjourned at
approximately 9:35 p.m.
Minutes submitted by:
~s
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.
A student representative may not move or second items during a council meetng.
~~~%v ~ ~ ..~~..
r ~~~rt
KENAI CITH COUNCIL MEETING
MARCH 18, B®09
PARTII4L VEI2BATIIVI
ITEM 7: Discussion -- Draft Ordinance -- KMC 14.20.270/Amendment
Procedures.
PORTER: Council, we now have before us a discussion of draft ordinance, Kenai
Municipal Code 14...
ROSS: Madam Mayor?
PORTER: Yes.
ROSS: Before we leave the calendar, I need to whine. I'm not going to be able to
make the meeting on May the 28th.
PORTER: Oh the work session.
ROSS: Yeah...I won't be in town that day.
PORTER: Councilman Smalley, are you going to be there for that?
SMALLEY: I'm still booked.
ROSS: I'm going to be out of town.
MOLLOY: ...reschedule it then.
PORTER: How about the 26th? That's on a Tuesday.
ROSS: That would work for me but...
MOLLOY: That's okay...I have no problem with that.
PORTER: Let's switch it back to the 26th then.
SMALLEY: I have a question mark on mine, but right now it's available.
PORTER: Okay, the 26th of May for the smoking work session. Six p.m., Tuesday
the 26th. Okay?
KENAI CITY COUNCIL MEETING
PARTIAL VERBATIM
MARCH 18, 2009
PAGE 2
Now, go on to the draft ordinance, Kenai Municipal Code 14.20.2'70, amendment
procedures and that would be Councilman Molloy.
MOLLOY: Thank you Mayor Porter. First I'd like to recap a little and then talk
about maybe what I would like to, hope to see happen.
During a council meeting in January, I expressed some concerns over a lack of written
standards in the Kenai zoning code to guide the Planning and Zoning Commission and
the city council in making decisions on rezoning applications and the existing
ordinance that's proposed, well, the initial drift are on pages 333 and 334 of t_h_e
packet. And, you know, generally what our requirements are under (b)(3) is, excuse
me, (b)(2), is you know, we consider them if the rezone area contains a minimum of
one acre and we don't if there, if it's substantially the same as any other proposed
amendment submitted within the previous nine months.
Then, you go down to (c) on existing amendment procedures, you have a completed
application that's reviewed, commission holds a public hearing in accordance with
requirements of the chapter, and then over on 334, the commission shall, upon public
hearing, word it's, excuse me, written recommendations to Kenai City Council, and
then, the Council, in accordance with the code upon public hearing, may or may not
adopt the amendment as an ordinance.
So when, you know, when staff reviews the applications and makes a report to us,
there's, there's very little that they have to deal with, you know, just things like, is the
application complete; does the, is the area an acre or more; is it consistent with the
Comprehensive Plan; and maybe whether there's been some relevant changes to the
map since then that we should consider. But there's case law that has a whole lot of
other, you know, requirements that, that, you know, that can capture the city if we
don't do things properly, like under a lot of those Griswold cases, they can invalidate
zoning decisions which are the result of prejudice, arbitrary decision-making or
improper motives. You know if we violate substantive due process, if we have no
reasonable relationship to a government purpose, if we do spot zoning. In looking at
that, they consider the consistency of the amendment to the Comprehensive Plan,
which we do, the benefits and detriments to the owners and adjacent landowners,
which sometimes we do or we don't do, but it's not required in our evaluation process,
the community and the size of the area rezone.
You know, I think that setting out some more specific standards that we would look
at, kind of a list of factors to be evaluated, would result in some in good decisions
through the public process. I'm not sure if these are the best ones or if they fit our
KENAI CITY COUNCIL MEETING
PARTIAL VERBATIM
MARCH 18, 2009
PAGE 3
city. I've taken these primarily from, you know, the City of Palmer and the Anchorage
code, and already there's been some changes from the initial draft, I think Vice Mayor
Ross, he was right on, we can't do a five vote thing, he was right on. I had a good
meeting with the administration. I adopted, this adopts some of their suggestions. I'm
not suggesting that they agree with this or anything like that. I would be interested in
what they have to say about that, about this. I would be very interested in what the
Planning and Zoning Commission has to say what they think standards should be for
our community, particularly maybe Phil Bryson who has been on there through the
years and knows a lot more than I do about this. Vice Mayor Ross suggested that the,
you know, the Airport Commissior_ might be good for input.
Okay, what, so that's, you know, basically what my background is with this. What my
present intent is, you know, I was originally thinking that maybe we could send this
draft to Planning and Zoning as a starting point, for their review, at their April eighth
meeting, cause they're looking, they're going to look at other stuff relating to the
limited commercial zone. Now I'm thing that's not realistic, because of, you know, in
the. interim, the MAPS neighborhood has proposed a special zone and that may be on
their agenda for that night too, you know. And, you know, and then I know there's
another work session that they're going to have on cell towers and they're going to try
and coordinate that when people are in, so, so I guess, you know, I'm really interested
in seeing the dialogue and discussion on this. I know what's going to come out is
probably going to be very different than what we started with and you know, that's the
way it works.
I don't want to say they've got to deal with this April eighth. I guess I would leave it up
to administration and Planning and Zoning to schedule a work session on this when it
works for them. I'd like to see them start maybe with it within the next three months,
you know, and part of the reason for that is I would like to see some serious thought
on it and if you pile too much, you know, on people, it's not going to happen. So,
thank you.
PORTER: Thank you. Is there any questions or comments? Councilman Ross.
ROSS: Madam Mayor, I, I appreciate the approach that Councilman Molloy is
taking and his realization that as they work with this language and look how it's been
used elsewhere that there may be modifications. I don't want to see this become a, a
fertile ground for imaginative attorneys in the future and sometimes when you don't
watch your language, nothing personal there, sometimes if you don't watch your
language when you're crafting things, you spend more time arguing about language
KENAI CITY COUNCIL MEETING
PARTIAL VERBATIM
MARCH 18, 2009
PAGE 4
than the result you're working toward and I know Anchorage has had that experience
in recent history, with some of theirs.
The reason I think the Airport Commission should be engaged, especially when you
read (g). When this City set up zoning, and it's not been that many years ago, it's been
over forty, but when they set it up, they zoned certain areas and they said everything
else is going to be rural residential until we decide how it's to be used. Well, that's
worked out fairly well, though we're going to have differences as we go along. But
what happened at the airport is, that the land was transferred to the city to support
the airport -- to be developed in support of the airport. The city didn't want to call it
rural residential, so they put it and called it conservation and they draw out of it as
they need it At that time, you know, forty years ago people were thinking
conservation is like a land bank. Now conservation takes on a whole different term
and so every time the airport looks at doing anything with that land, you have people
say, "wait a minute, that's conservation" and conservation nowadays has more of a
green term than it did a land bank. The federal government would never have
transferred us land to put into the conservation setting today that was to be used in
support of an airport.
And so, I think the Airport Commission really needs to get engaged, especially as some
if these things are applied to airport land that the federal government transferred us
for the specific operations of that airport, having these criteria and especially (g)
applied to them. And so, it's very important to me that it goes to the Airport, that the
administration works with both P8~Z and the Airport Commission to make sure that
whatever we come out with does not have language that lends itself to now all of a
sudden we have to do economic impact statements on and on and on. But, I
appreciate the approach that Councilman Molloy has taken on it. I do think it needs
to go to both commissions and have a lot of work done. And, I agree with him, this is
going to be long-term project -- nothing that can be done in the month of April.
PORTER: Thank you. Are there any other comments regarding this draft?
Councilman Moore.
MOORS: Thank you mayor. Just a question for Bob: Did you say you went
through this with the administration once already?
MOLLOY: Yes, but it was, it was just to...
PORTER: Could you make sure you talk into your mike?
KENAI CITY COUNCIL MEETING
PARTIAL VERBATIM
MARCH 18, 2009
PAGE S
MOLLOY: sure...
PORTER: Thank you.
MOLLOY: It was to exchange some ideas and, but, you know, and I'm doing in draft
format, so they can have more time to deal with it because they were not, you know,
there was a lot going on, so, so like for example, (c)(3) was changed based on
comments from the city attorney, you know, because the previous one said we can
only do it if, you know, and this says that we'll consider these factors and determine if
it is ir. the best interest of and I took out the word "only" and stuff like that, based on
his recommendation. And, there was some, a discussion between us regarding (g)
which Council Member Ross is talking about. It's trying to deal with the situation
where you have a lot of protest over a rezone and the early one was five votes, because
you know, I took that from the Anchorage zone. They had a super majority eight, but
the vice mayor was correct, we can t do that without change our charter, so I changed,
I changed that. The discussion was, you know, some people thought that, you know,
property owners and adjacent landowners shouldn't have a special provision ,
everybody in the city should be treated the same whenever they come to testify or
whatever and other discussion was the opposite that it affects them so there should be
something that deals with that, and then the discussion was, can that be tracked and
then the discussion was, well yes, we could track that, you know, because we send out
the notices and everything whatever. And again, you know, I'm not saying that there
was a blessing of any of this, you know, but it was a dialog to exchange ideas and
that's it.
MOORS: Can I follow up real quick?
PORTER: Yes, go ahead.
MOORS: So, would say that, I mean; initially your purpose, the intent, your intent
with this ordinance or going through this process is to raise the bar for the ability to
rezone properties in Kenai or more clearly document the process for rezoning.
MOLLOY: Ah, I think it's, you know, not to raise the bar, so to speak, it, you know,
but to have a list of factors that we evaluate when we're doing it. Now, we do some
anyway, but we don't always. Like, like for example, when we were, during the whole
process with Wal-Mart, you know, when we were looking at rezoning that property, we
did a traffic analysis impact statement and we looked at traffic and there`s been a lot
of complaints by people over traffic and you know, Dave Spence from the school
district came to planning and zoning and said, you know, we don't want to see
KENAI CITY COUNCIL MEETING
PARTIAL VERBATIM
MARCH 18, 2009
PAGE 6
businesses that are going to attract kids running across the highway. What are you
going to do about that? And so, you know, some of this is subjective. I realize that
and might not be the best words, but like, page 334, (b) tries to deal with that by
saying the proposed amendment is consistent with the public health, safety, welfare
and convenience. You know, so that would be something that we would look at
regularly when we do the process. Maybe those aren't the right words. Mayhe saying
something about traffic specifically.
Another thing we did when we did Wal-Mart, there was a, that, that creek that we're
talking here too, *here was a, a, you know, we had a protest that was based on the,
you know, the relationship of the creek to the property and it being an anadromous
stream, you know, I might not have the right word, but, you know, fish-spawning
stream and, and in the process of dealing with that, you know, we did deal with that
and we did some mitigation and Wal-Mart modified their site plan to deal with snow
things so that it wouldn't be dumped in the creek, but so, we were doing it kind of ad
hoc, but not regularly and if you have something that you look at regularly, you can
defend it with the lawyers and maybe have a better decision.
So, so that's sort of what, so, I'm not, this is sort of different that some of the other
things I've done. The way I see this is, it's kind of what I said before, is putting a ball
in play. I don't know what's going to happen with it and that's okay. That's the way
things are. These may not be the best words. Administration may have other
standards that they think there should be in place of these. Planning and Zoning may
have some. Airport may have some, you know, and that's fine.
PORTER: Councilman Molloy, so it's your intent at this time to send it, a, number
one, to the Airport Commission, Planning and Zoning and get some feedback on this.
MOLLOY: Right, I'm asking council...
PORTER: The administration...
MOLLOY: ...to join in doing that and if you want to send it to airport first, you
know, that's fine, however you like to, I'm open to anything, but I think this discussion
and debate is a good thing to do.
PORTER: Okay. All right, what's the pleasure of council? Councilman Smalley.
SMALLEY: Thank you Madam Mayor. I, discussion and debate is obviously a very
good set of tools to have. I appreciate Council Member Mo11oy's work on this. I, I
KENAI CITY COUNCIL MEETING
PARTIAL VERBATIM
MARCH 18, 2009
PAGE 7
agree it should go to Airport, Planning 8v Zoning, I have the city attorney, city manager
working with it, city planner and double check and make sure we have the right buzz
words that we need to have. To me, it's a good attempt to add better defining process
when I look at it, but there are some things in there that I am confused by and, and I
think once it goes through that filtering mechanism of the commissions and
administration, we'll have a much better, perhaps even a different document to look
at.
PORTER: Thank you. Any other comments from council? Councilman Ross.
ROSS: Just the last point that Councilman Molloy brought up when he said,
perhaps it should go to the Airport Commission first. With everything that's on the
plate of Planning & Zoning, that probably is a very good suggestion on his part that it
go to Airport first and let them massage it and see what they come out with.
PORTER: Okay.
MOLLOY: And, and that's fine, that's a great outcome.
PORTER: Mr. Sandahl, do you have that?
SANDAHL: Yes.
PORTER: Thank you. Okay, is there any more discussion?
MOLLOY: Thank you.
PORTER: Thank you.
MOLLOY: I appreciate the time.
END OF DISCUSSION.
Partial verbati cm~transcr~ibed and submitted by:
/ll ~/~`-~~'~
Carol L. Freas, City Clerk