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HomeMy WebLinkAbout2010-08-04 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 4, 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 commentlimited to 10 minutes per speaker) 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. 2493 -2010 Amending KMC 13.40.040 to 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).) a. Substitute Ordinance No. 2493 -2010 Amending Title 13 of the Kenai Municipal Code to Establish a Speed Limit of 25 mph on the North Beach From South Spruce Street to Rocky Point. 2. 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. 3. 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. 4. Resolution No. 2010 -46 Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "New Water Transmission Mains (Phase III) and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2012. 5. Resolution No. 2010 -47 Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair 2010 for the Total Amount of $142,486.00. ITEM E: MINUTES 1. *Regular Meeting of July 21, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by 11,869.00 in the Airport Fund and by S474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. 4. *Ordinance No. 2501 -2010 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan. 5. *Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by 56,300.00 in the General Fund for a Library Grant. 6. *Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. 7. *Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by 5281.80 in the PRISM Special Revenue Fund. 8. *Ordinance No. 2505 -2010 Increasing Estimated Revenues and Appropriations by $7,600.00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part -Time Data Entry Position at the Senior Center. 9. *Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CG) to Limited Commercial (LC). 10. *Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to Require that Destroyed or partially Destroyed Non Conforming Structures Be Removed Unless the Partial Destruction is Fifty Percent (50 or Less of the Replacement Cost in Which Event the Owner Must Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. 11. *Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund. 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 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. 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. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT Robert Molloy Mike Boyle Pat Porter, Mayor Joe Moore Barry Eldridge Ryan Marquis 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: KENAI CITY COUNCIL REGULAR MEETING AUGUST 4, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenatak.us MAYOR PAT PORTER, PRESIDING MINUTES Absent: Hal Smalley, Vice Mayor A quorum was present. Also present: Student Representative Hannah Coffman A -3. MOTION: AGENDA APPROVAL Council Member Eldridge MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. MOTION: CONSENT AGENDA Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. 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' beh.af) D -1. Ordinance No. 2493 -2010 Amending KMC 13.40.040 to 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).) Council Member Boyle reported his intention was to amend Ordinance No. 2493 -201.0 with the map from the substitute ordinance in order to correct the depiction. of Spruce Street and then would request the ordinance be postponed in order to better define "close proximity." Because there were substantial changes offered in the substitute, the postponement would allow for a second public hearing. The floor was opened for public hearing. Jim Butler, 1711 Kaknu, Kenai Stated his opposition to the ordinance, noting he believed it was unenforceable; felt it was a traffic management issue instead of speed problem; believed it more of problem with new people in the area; appreciated the safety aspect of the proposed ordinance; and, he believed bottles, garbage, and unmonitored children were more of a safety issue than speed. Council comments included: If the ordinance was to be postponed, a plan for enforcing it should be addressed, as well as extending the speed limit past Rocky Point and include the south beach. Molloy Yes Boyle Yes Porter No Smalley Absent Moore No Eldridge No Marquis Yes Molloy Yes Absent Boyle Moore Yes No Porter Eldridge Yes No Smalley Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 3 Suggestion of creating a commercial corridor that would be off limits to dip net fishers. Suggestion vehicles on the beach be allowed by permit only. Support expressed by several to include south beach in the ordinance. Would like to move forward with the ordinance, but still work on a beach plan. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Boyle MOVED to amend Ordinance No. 2493 -2010 to move the "Motor Vehicles Allowed" line as shown on Page 9 of the packet (current practice) and reflect that on Page 3 (Attachment of Ordinance No. 2493 2010). Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: "Student Representative Coffman: Yes MOTION PASSED. MOTION TO POSTPONE: Council Member Boyle MOVED to postpone action on Ordinance No. 2493 -2010 (as amended) to the first meeting in September. Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION FAILED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2493 -2010 to the first meeting in October and have a work session prior to the first meeting in October, Molloy No Boyle Yes Porter No Smalley Absent Moore No Eldridge No Marquis No Molloy Yes Boyle Yes Porter No Smalley Absent Moore No Eldridge No Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 4 2010. Council Member Boyle SECONDED the motion. Council comments included: The topic of the work session would be the speed limits of the north and south beaches as well as better defining "close proximity." Supported a work session on development of a beach plan, including the dip net fishery. Preference stated to vote down the ordinance on the floor and develop a total beach plan. Concern that if the ordinance were to be postponed to October, the ordinance would be removed from the table according to the Code. Concern the current changes were substantial and should have a public notice and another public hearing. Intent of the motion was to hold a work session, which would include development of a beach plan and that it would happen prior to the first meeting in October in order for the amended ordinance to have an additional public hearing. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION FAILED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: No MOTION FAILED. Though interest was expressed to hold a work session related to the development of a beach plan, no date was scheduled. D- la. No action taken. Substitute Ordinance No. 2493 -2010 Amending Title 13 of the Kenai Municipal Code to Establish a Speed Limit of 25 mph on the North Beach From South Spruce Street to Rocky Point. Molloy Yes Boyle Yes Porter Yes Smaller Absent Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 5 D -2. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2498 -2010 and 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. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2499 -2010 and 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. Council /Administration comments included: The ordinance would need to be postponed in order for the Planning Zoning Commission to hold a public hearing and make its recommendations. "Unsightly" was open to interpretation; how long before a property would be considered a nuisance after a fire; and, what would be the fine for a nuisance. The objective standard criteria and timeline were addressed in subparagraph "q" of the ordinance and would usually be complaint driven. Another ordinance would be addressing nonconforming issues. The ordinances were brought forward from comments made at the town hall meeting. MOTION TO POSTPONE: Molloy Yes Boyle Yes Porter Yes Smalley Absent Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 6 Council Member Molloy MOVED to postpone Ordinance No. 2499 -2010 and send it to the Planning Zoning Commission for a public hearing on August 11, 2010 and return it to Council for its August 18, 2010 meeting for consideration. Council Member Marquis SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman. Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2010 -46 Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "New Water Transmission Mains (Phase III) and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2012. MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2010 -46 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. Council /Administration comments included: By naming this project as the City's number one priority, would that affect other grants or application for grants that might require being named a number one priority. Answer provided was that it would not. VOTE: There were no objections. SO ORDERED. D -5. Resolution No. 2010 -47 Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair 2010 for the Total Amount of $142,486.00. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -47 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 7 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Question related to "contingency /force account." It was explained, water damage was below the six foot line on the walls, however it could go higher but that would not be known until the work began. That was the reason for including the force account in the bid documents, however due to a lack of funding, the award did not include the force account portion of the bid. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of July 21, 2010 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Eldridge MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 7:53 P.M. BACK TO ORDER- 7.58 P.M. KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 8 G -3. *Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by 11,869.00 in the Airport Fund and by $474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. Introduced by approval of consent agenda. n -4 *Ordinance No. 2501 -2010 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan. Introduced by approval of consent agenda. G -5. *Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. Introduced by approval of consent agenda. G -6. *Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. Introduced by approval of consent agenda. G -7. *Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. Introduced by approval of consent agenda. G -8. *Ordinance No. 2505 -2010 Increasing Estimated Revenues and Appropriations by $7,600.00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part -Time Data Entry Position at the Senior Center. Introduced by approval of consent agenda. G -9. *Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CG) to Limited Commercial (LC). Introduced by approval of consent agenda. G -10. *Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to Require that Destroyed or partially Destroyed Non Conforming Structures Be Removed Unless the Partial Destruction is Fifty Percent (50 or Less of the Replacement Cost in Which Event the Owner Must KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 9 Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. Introduced by approval of consent agenda. G -11. *Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund. Introduced by approval of consent agenda. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging Council Member Boyle reported the August meeting had been cancelled. H -2. Airport Commission Council Member Moore reported the next meeting would be held Thursday, August 12, 2010. H -3. Harbor Commission Council Member Boyle reported a work session would be held at the dock on Monday, August 9, 2010 at 1:00 p.m. The topic of the work session would be to tour the dock. The regular Commission meeting would be held at 7:00 p.m. on August 9, 2010. H -4. Library Commission Council Member Marquis reported on discussions held at the August 3, 2010 Library Commission meeting. H -5. Parks Recreation Commission Council Member Boyle reported the next meeting of the Commission was scheduled for Thursday, August 5, 2010. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the July 28, 2010 Planning Zoning Commission meeting which were included in the packet. H -7. II-7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report No report H -7c. Mini -Grant Steering Committee No report H -7d. Kenai Convention Visitors Bureau No report II-7e. Reports of KPB Assembly, Legislators and Councils No report KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 10 ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Wished the Peninsula Oilers luck with the playoffs. Welcomed the Alaska Rays suntan facility as a new business in the city. Attended the open house for the new location of the Cook Inlet RCAC. Held a Mayor's Coffee. Administered the Oath of Office to a new police officer. Porter noted there were some funds left from those set aside for the City's 50th Anniversary celebration. Because the Senior Center would be hosting the "Old Timers' luncheon on August 19 and the lunch theme was to be based on the 50th anniversary of the City, she requested $750 of the funds be used for decorations, etc. Council stated no objections to the request. ITEM J: items: submitted. ADMINISTRATION REPORTS City Manager Acting City Manager Eubank reported the following The Municipal Matching Grant application was completed and The dip net fishery had closed and departments were putting together costs, etc. for inclusion in the annual report. Reminded all of the hearing scheduled for Thursday related to the proposed Cook Inlet Natural Gas Storage Facility. The City's surplus auction items were available for public viewing and the deadline for submittal of bids was scheduled for August 24. He would be meeting with a representative from Congressman Young's office related to the bluff erosion project and possible congressional funding. The fiber -optic link had been completed between the Library, City Hall, and the Public Safety Building which would provide better access to the Internet, as well as data back -up options, etc. J -2. Attorney Attorney Stearns noted the following items: She was searching for a new administrative assistant and the job vacancy advertisement would close on August 11. Until a new hire was made, the position would be filled temporarily by Sheryl Oldham. She would be attending the American Bar Association Conference in San Francisco, but would be available by phone or email. With regard to the damage to Vintage Pointe, the insurance company representing the contractor confirmed an agreed compensation to the City in the amount of S175,000 which would fully compensate the City for the damage. Stearns was requested to investigate whether the ABA had any seminars related to redevelopment of buildings which would be helpful for the Council. KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 11 J -3. City Clerk City Clerk Freas noted the following items: Referred to her memorandum included in the packet reporting she had received a non objection letter from the Department of Justice with regard to her request for pre clearance for the amendments made by Council to the elections Code. The ordinance effective date would be added as July 19, the date the pre clearance non objection letter was written. Candidacy petition packets were available in her office through August 16, 2010. She had not yet proceeded with changes to council meeting coverage by her office. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (public comment limited to 5 minutes per speaker) 2. No comments. K -2. Council Member Comments Moore Reported the commercial fishing season had ended and it had been a good year Eldridge He was glad the dip net fishers had left town and patronizing city businesses. Coffman Reported the first Kenai Central High School football game was scheduled for Saturday, July 31, 2010 and the new school year would begin August 23. Marquis Would be on vacation during the next week. Molloy Would be purchasing an iPad and wanted to use it during Council and Planning Zoning Commission meetings; he would be using it as a keyboard; would not be using the Internet during meetings; and the equipment would have a long lasting battery back -up. Boyle No 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. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 12 Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:20 p.m. Minutes submitted by: Carol L. Freas, ity 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 are fl RT!4 CITY CLERK;