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HomeMy WebLinkAbout2010-07-21 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *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 (Public comment limited to 10 minutes per speaker) 1. Sarah Souders Beekeeping in the City of Kenai. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 2. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 3. Resolution No. 2010 -44 Awarding a Bid to Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the Total Amount of 5196,945. 4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. ITEM E: MINUTES 1. *Regular Meeting of July 7, 2010. 2. *Special Meeting of July 12, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by $18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 4. *Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. 5. Action /Approval Utility Easement /City of Kenai to Homer Electric Association, Inc. to Provide Access to the Kenai Community Library. 6. Discussion Airport Access Permit 7. Discussion Funding and Developing a Plan/Covered Parking at Vintage Pointe. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention 83 Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No, 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT ITEM A: CALL TO ORDER Ryan Marquis Pat Porter, Mayor A -3. MOTION: VOTE: KENAI CITY COUNCIL REGULAR MEETING JULY 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING 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: Robert Molloy Absent: Council Member Joe Moore A quorum was present. Also present: Student Representative Hannah Coffman AGENDA APPROVAL Mike Boyle MINUTES Hal Smalley, Vice Mayor BarryEldridge Council Member Smalley MOVED for approval of the agenda 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 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 70 minutes per speaker) B -1. Sarah Souders Beekeeping in the City of Kenai. Sara Souders, 1103 Oak Avenue, Kenai Reviewed information included in the packet related to beekeeping, noting her presentation was based on a citation she had received from the Animal Control Officer for beekeeping at her home; the citation had been dropped; discussed honey bee behaviors; indicated she had a small business from honey products; the Kenai Municipal Code did not speak specifically to beekeeping; and, requested Council to provide code amendments to include beekeeping within the city limits. Council requested Administration to investigate and provide recommendations with regard to whether the issue should be forwarded to the Planning Zoning Commission for consideration, etc. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Sandra Sterling, 355 Fairway Drive, Soldotna Reported she was a beekeeper and supported development of a Code amendment to allow beekeeping in the City of Kenai. James dl 2428 Beeler Avenue, t had been il L1r148e G°t4o c ie£ nvenuv, York, PA Reported he nad been a beekeeper since 1978 and supported a Code amendment to allow beekeeping in the City of Kenai. Ralph Sterling, 355 Fairway Drive, Soldotna Reported he was a beekeeper since 1990 and supported development of a Code amendment to allow beekeeping in the City of Kenai. Tom Lehman, 2215 Lamfs Gap Road, Enola, PA Reported he was a beekeeper and supported an amendment to the Code to allow beekeeping in the City of Kenai. BREAK TAKEN: 7:35 P.M. BACK TO ORDER: 7:40 P.M. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Absent Eldridge Yes KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 3 D -1. Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2496 -2010 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -2. D -2a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2497 -2010, the substitute and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Appreciation of the work in developing the ordinance. Concern the ordinance did not address notice to the public with regard to scheduling special meetings to allow for published notice in the newspaper, etc. Concern the ordinance did not differentiate between special meetings for business purposes and those caused by an emergency. Would like the opportunity to address the concerns with additional language. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Absent Eldridge Yes Marquis Porter Yes Yes L Molloy Smalley Yes Yes Boyle Yes Absent Moore Eldridge Yes KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 4 Additional language could be provided, working with the City Attorney and City Clerk, and then Council could discuss the ordinance at a future Council meeting or hold a work session if necessary. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2497 -2010 (the substitute) to the first meeting in September (September 1, 2010). Council Member Marquis SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2010 -44 Awarding a Bid to Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the Total Amount of $196,945. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -44 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the mono Council Member Marquis objected to the request for unanimous consent. An explanation of why to purchase the wheel loader at this time instead of following the replacement schedule was provided by the City Manager; the need and the exceptionally low price with low mileage; and, the purchase, because funds would come from the Replacement Fund, would not affect the General Fund budget. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 5 D -4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -45 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Whether the City's ethics ordinance would prohibit an employee to bid on auction items sold over the Internet and whether the ordinance should be amended to speak to that issue was asked and City Attorney Stearns noted the Internet auction would minimize some of the risks and could be an exception. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of July 7, 2010 Approved by Consent Agenda. E -2. *Special Meeting of July 12, 2010 Approved by Consent Agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills None. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 6 G -3. *Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by S18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. Introduced by approval of the Consent Agenda. G -4. *Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. Introduced by approval of the Consent Agenda. G -5. Action /Approval Utility Easement /City of Kenai to Homer Electric Association, Inc. to Provide Access to the Kenai Community Library. City Manager Koch reviewed information included in the packet and noted, the easement was a housekeeping action and would provide access to the Kenai Library. MOTION: Council Member Molloy MOVED to approve the Utility Easement from the City of Kenai to Homer Electric Association, Inc. to provide access to the Kenai Community Library. Council Member Marquis SECONDED the motion. Council member Eldridge requested UNANIMOUS CONSENT. There were no Council or public comments. VOTE: There were no objections. SO ORDERED. G -6. Discussion Airport Access Permit Koch reviewed his memorandum included in the packet which explained the permit would allow for off airport vendors, businesses, and contractors to conduct business on the Airport. Koch added, the matter needed no action unless Council did not want to move forward with the permit. Council stated no objections. G -7. Discussion Funding and Developing a Plan/Covered Parking at Vintage Pointe. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 7 Council Member Boyle reported he was requested by the Council on Aging to place the issue on the agenda and added: The Council on Aging had named covered parking at Vintage Pointe one of its goals and objectives. The Council on Aging would like to have a plan funded or a study done to identify options for garages or carports. The Council on Aging would like to see what options for sheltered parking might be. They would like to pursue grants and would like to have some ready plans if funding would become available. The Council on Aging was aware there had been discussion and interest for covered parking for a number of years and now wanted to try to move forward. Koch reported preliminary work had been done over several years, including a cost estimate for ten garage units (monthly rental would be approximately S334/month) and a poll taken of the residents related to vehicles owned, interest in garage use, monthly rental fee willing to pay, etc. Administration was directed to provide the survey to the Council on Aging, and investigate the issue further and search for grant funding. Covered parking for the Senior Center's vehicles would be a separate project. Koch stated he could meet with the Council on Aging in September. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging Council Member Boyle reviewed the July 8, 2010 meeting summary which was included in the packet. H -2. Airport Commission Council Member Eldridge reviewed the July 8, 2010 meeting summary which was included in the packet. H -3. Harbor Commission Council Member Smalley noted the July 12, 2010 meeting summary was included in the packet. Public Works Director Ogle reviewed the summary with Council. H -4. Library Commission Council Member Marquis noted the July 6, 2010 meeting summary was included in the packet and reported the next meeting would be held on August 12, 2010. H -5. Parks Recreation Commission Council Member Boyle reported there had been no meeting. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the July 14, 2010 meeting which were included in the packet and reviewed actions and discussions taken. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 8 H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported on the National Conference of Counties from which he had just returned and noted there had been a lot of discussion related to navigable waters, renewable energies, and, cap and trade. H -7c. H -7d. H -7e. Mini -Grant Steering Committee No meeting. Kenai Convention Visitors Bureau Council Member Smalley reported a meeting was scheduled for Monday, July 26, 2010. Reports of KPB Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She received notice from Senator Murkowski's office that $2.5 Million toward the City's bluff restoration project had been included in the energy and water bill. Industry Day Picnic was scheduled for August 21. An ACS retail and suntan stores were new businesses in Kenai. She met with an Arby's representative and discussed beautification efforts on the back side of the Arby's building. The City would be assisting with the project. Requested Administration to investigate adding a permanent stage at the Park Strip and additional parking at the disc golf area. Gave a key to the city to George Day, who had visited the area. Met with Anchorage Mayor Dan Sullivan about common interests. It was suggested the work session planned for September related to playground development be expanded to include pocket parks. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manager Koch noted the following: 52.5 Million was included in the water and energy bill, though it was not known if it would remain in the bill. The dip net fishery was going well and, to date, there had been about a 17% increase of people and revenue. He was working on grants related to docks, harbors, and maintenance program; starting DEC municipal matching grant preparation; he consolidated some funding of grants for treatment facility and new wells and would resubmit them; and would prepare a grant application for funding some energy alterations at the Waste Water Treatment Plant. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 9 Ice would be in the hockey rink for August 9 to accommodate the purchase of ice time by the Brown Bears. The rink would be available for public skate as well. Bear problems were declining; people seemed to be doing a better job of keeping attractants away; he believed the bear protection area should be expanded toward town or include the whole town; Administration was investigating how to approach the situation; bear -proof garbage containers were no longer available for sale through the refuse collection company; and, the City was exploring purchase of bear proof containers for resale, at cost, to the public. He would be on vacation from August 2 -20, 2010. Testing was on -going related to bacteria in the water at the beach; Department of Environmental Conservation attributed a lot of the contamination 00to the amount of birds in the area and their waste. One of the City's ambulances was being repaired and there was a possibility it would need to be replaced before its date on the Equipment Replacement Schedule. Senator Begich read at the Library during his recent visit to Kenai. There would be an ordinance to appropriate funds and a resolution to authorize purchase of five acres from the Department of Natural Resources (at the corner of Spruce and the Spur Highway) coming forward. The property would be used to support the trail system along the drainage, as well as a new well facility. Suggested a new citizen survey be conducted; Administration would provide some suggested questions for Council's review; and, information garnered from it could be used in the Comprehensive Plan Update process. The development of the park on Marathon Road would begin this year with a design for the parking lot, electricity and a bathroom; the telecommunication site had been removed; the Rotary Club was planning to do a clean up around the pond in the next week; and, the Nikiski Fire Department divers removed debris from the pond bottom. Council comments included: Question of whether the fencing on the up -river part of the dunes would be expanded next year. Koch reported the area was private property. Suggestion trail easements along the drainage of the Department of Natural Resources property be included in the grant application in order to expand trails along the drainage. Koch stated he would review the issue. Question of whether signage should be placed at the river with regard to the Department of Environmental Conservation (DEC) identification of high thresholds of contaminated water (caused predominantly by fish cleaning, bird waste, etc.). Koch stated he would speak to a representative of DEC with regard to preventative signage. J 2. Attorney City Attorney Stearns reported: The final amount of 5500,000 was received from the class action lawsuit related to the Visitors Center damage. She would be attending the State ABA conference from August 5 -9, 2010. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 10 J -3. City Clerk Clerk Freas reported the candidate filing period would be from August 1 -16, 2010 (15th falls on a Sunday) and forms would be available in her office on Monday, August 2, 2010. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Bob Peters, Old Town, Kenai Stated he believed the City looked good; appreciated the Parks Recreation Department efforts; the trail to Meeks Crossing was very nice; he appreciated the efforts to protect the public property on Kenai Avenue; and, thanked the City for installing the temporary fence on the bluff. It was noted, the bridge at Meeks Crossing should be completed this year. K -2. Council Member Comments Boyle Stated he believed the City workers were doing a great job. Molloy No comments. Marquis No comments. Coffman Reported school would begin August 23, 2010. Eldridge Stated he was glad to see the fencing completed around the historical cabins and hoped lighting would be installed for the winter. Smalley Was pleased to see local businesses doing well during the dip net fishery activity. Would be attending the Summer AML meetings in Kodiak and would teleconference in for the Council meeting. Reported government leaders attend the NACo conference were encouraged to get involved in local schools and urge young people to get involved in their local government. EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists Legislation which will be addressed at a later date as noted.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 11 (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:14 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official Council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. APPROVED BY COUNCIL r/ V,2o/ OAT& C Y CLE