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HomeMy WebLinkAbout2010-09-15 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 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. Colleen Ward /Neighbors /Friends Conditional Use Permits. 2. Colleen Ward /Neighbors /Friends Land Use Tables Including Alternatives to Rural Residential 1 (RR -1) Zone /MAPS Neighborhood. 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. 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 and then to the September 15, 2010 Council Meeting. The motion to adopt is active and on the floor.) a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically ITEM E: ITEM F: ITEM G: 1. 2, 3. Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. 2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by $182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. 3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. MINUTES 1. *Regular Meeting of September 1, 2010. 2. *August 23, 2010 Board of Adjustment Hearing Notes. UNFINISHED BUSINESS NEW BUSINESS Ratification of Bills Approval of Purchase Orders Exceeding *Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). 4. Discussion Sponsorship of Brown Bear Hockey Team Member 5. Discussion Schedule Work Session /Capital Project List and Legislators 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 15,000 ITEM J: ADMINISTRATION REPORTS ITEM K: ADDITIONAL PUBLIC COMMENT ITEM L: ITEM M: 1. City Manager 2. Attorney 3. City Clerk 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Project. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT Hal Smalley, Vice Mayor Barry Eldridge Ryan Marquis Pat Porter, Mayor Robert Molloy Mike Bo le 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. MOTION: VOTE: KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us ROLL CALL The City Clerk took roll. Present were: Absent was Council Member Joe Moore. A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: MOVE: B -1 to B -2 position and B -2 to B -1 position on the agenda. ADD AS: Information Item No. 7, 9/8/2010 V. Goddard, Inlet Fish Producers, Inc. letter related to Cook Inlet Natural Gas Storage Alaska proposal. Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. MINUTES KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 2 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. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Colleen Ward /Neighbors /Friends Land Use Tables Including Alternatives to Rural Residential 1 (RR -1) Zone /MAPS Neighborhood. Mark Schrag, 312 Princess Lane, Kenai Discussed concerns and suggestions related to the City of Kenai Land Use Table and his neighborhood's desire to amend the Land Use Table to what it was between 1974 -1997 when, it was felt, the residential zones were more protected from commercial uses. B -2. Colleen Ward /Neighbors /Friends Conditional Use Permits. Colleen Ward, 708 Magic Avenue, Kenai Discussed concerns and suggestions related to the City of Kenai Conditional Use Permit (CUP) process and her neighborhoods recommendations to bring a better balance between protection of neighborhoods and commercial development wishing to locate in the neighborhood, including neighborhood approval, definition and size of affected area, the hearing notification process, burden of proof, standards for approval, application requirements, restrictive convenants, and negotiated CUPS. ITEM C: Carolyn Unger, Woodland Subdivision, Kenai Requested an ordinance restricting where outdoor wood burning boilers /furnaces may be used installed in the City and suggested lots not less than 80,000 square feet or within 500 square feet of neighbors. ITEM D: D -1. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) 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.) 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. Smalley No Moore Absent Eldridge Yes Marquis No Molloy 1 No Boyle No Porter No KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 3 (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 and then to the September 15, 2010 Council Meeting. The motion to adopt is active and on the floor.) D- la. MOTION: 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. Council member Molloy MOVED to enact Ordinance No. 2497 -2010 by substituting with Substitute Ordinance No. 2497 -2010. Council Member Boyle 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: Review of the memorandum included in the packet, noting the ordinance was brought forward to update and revise the procedures for calling special meetings, including reasonable public notice, publication in newspaper, posting, calling meetings four days ahead, etc. Question of whether the affidavit of the City Clerk was necessary and explanation that it was included as a risk management tool in case of challenge. Question related to 1.10.060(a), requiring a unanimous vote if the resolution method would be used to call a special meeting. Explanation stated that was not a change in the policy and was from the existing ordinance. MOTION TO AMEND: Council Member Eldridge MOVED to eliminate section (d) of 1.10.060 requiring the City Clerk to fill out an affidavit and renumbering the subparagraph (e) to (d). Council Member Marquis SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Coffman: No MOTION FAILED. VOTE ON MAIN MOTION: *Student Representative Coffman: Yes Smalley Yes Moore Absent Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Absent Eldridge Boyle Yes Yes Marquis Yes Molloy Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 4 MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2512 -2010 Increasing Estimated Revenues and Appropriations by S182,406.00 and Authorizing the Hiring of Three Additional Fire Fighters. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2512 -2010 and 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 comments included: Support for the ordinance as it was discussed at budget time, during those discussions there was agreement the positions were needed, word was received the City's request for grant funds was denied. Support for the additional staffing. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2010 -53 Supporting the Initiation of a Public Ferry Transportation Service Between Anchorage and the City of Kenai. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -53 and requested UNANIMOUS CONSENT. Council Member Smalley 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: Not sure it would be likely to occur, but thought Council should support the effort. A similar resolution of support would be before the Borough Assembly at its October 12, 2010 meeting. KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 5 VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. agenda. E -2. *August 23, 2010 Board of Adjustment Hearing Notes 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 Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED for approval of purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: *Regular Meeting of September 1, 2010 Approved by consent There were no objections. SO ORDERED. G -3. *Ordinance No. 2513 -2010 Increasing Estimated Revenues and Appropriations by 53,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). Introduced by approval of the Consent Agenda. KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 6 G -4. Discussion Sponsorship of Brown Bear Hockey Team Member Mayor Porter reported she had requested the item be brought forward; there were two local members of the hockey team, one from Kenai; the one -time cost would be S250, though there was the possibility of more future local players which would be an additional cost if Council chose to support; and, the funds would come from the Legislative budget. MOTION: Council Member Eldridge MOVED to sponsor a Kenai member of the Brown Bear Hockey Team in the amount of 5250.00 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -5. Discussion Schedule Work Session /Capital Project List and Legislators Council added the topic of Capital Project List to the work session previously scheduled for September 28, 2010. A resolution would then be prepared for the October 6, 2010 Council meeting to adopt the list. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed discussions and actions from the September 9, 2010 Council on Aging meeting, including October 11 cleaning day, the garage /storage issue, and Christmas Sale /bazaar. Boyle also reminded Council his intention to request a resolution to support funding for a feasibility study for a garage or covered parking at Vintage Pointe in order to have the information available if a funding source becomes available and it would also provide options for other than a steel building H -2. Airport Commission No report. 11-3. Harbor Commission Council Member Smalley reviewed actions /discussions from the September 13, 2010 meeting and noted the letter of resignation included in the packet from Gary Foster. He also noted another member had missed a number of meetings. H -4. Library Commission Council Member Marquis reviewed the meeting summary of the September 7, 2010 meeting which was included in the packet. It was noted, the code provision related to commission /committee attendance was difficult to enforce and interpret. The City Clerk and City Attorney were requested to develop amendments to the Code to that regard. There were no objections from Council. KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 7 H -5. Parks Recreation Commission Council Member Boyle reported a work session was held on September 13 to tour the City's parks. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the September 8, 2010 Commission meeting (included in the packet) and suggested administration develop an ordinance related to the Conditional Use Permits and Land Use Tables issues presented. Council had no objections. Molloy also noted Vince Goddard attended the meeting and commented on the Cook Inlet Natural Gas Storage Alaska, LLC and requested a work session be held on the issue. It was noted, a public hearing would take place when the Conditional Use Permit issue would go before the Commission. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reviewed discussions held at the September 14 meeting and noted a tour of the flowerbeds and gardens would be held on September 23 at 3:45 p.m. Porter also reported the resignation of Megan Coleman. H -7b. Alaska Municipal League Report Council Member Smalley reported a Board meeting was scheduled to be held in Anchorage on October 8 and 9, 2010. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Council Member Smalley reported a meeting was scheduled to be held on September 27, 2010. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions /discussions held at the September 7, 2010 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she had sworn in a police officer and she, Vice Mayor Smalley and Council Member Marquis had attended the groundbreaking of the addition to the Kenai Peninsula Food Bank facility. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: He would be attending the next Council on Aging meeting to discuss budget issues. The Alaska State Library updated the Library's computer equipment and video conferencing abilities. The Kenai Rotary Club would be pouring concrete shelter slabs at the Daubenspeck Family Park during the next week. He would be absent from the October 20 meeting. KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 8 A public meeting would be held on September 21 related to community playground development and what ideas the public might have for such a playground. The auction report would be included in the next council meeting packet and he would bring forward some suggestions for disposing of no longer needed items. The Meeks' Bridge replacement would be longer in length and should be installed in October. A sign identifying it as the "Meeks' Crossing" would be placed with the bridge. Three vaulted restrooms would be placed during the next construction season: one at Daubenspeck Park, and two others at beach locations. Town Hall information would be forwarded to all commissions /committees in their meeting packets. J -2. Attorney City Attorney Stearns reported the following: She had just returned from the American Association of Airport Executives (AAAE) Conference which included presentations on airport law, new developments in FAA enforcement and regulatory standards, etc.. She had hired Jacqueline Van Hatten as her new department assistant. Ms. VanHatten would begin work on September 20, 2010. J -3. City Clerk City Clerk Freas reported absentee voting for the October 5, 2010 election was ongoing and would continue through election day. A request was made to provide name plates for all commission /committee members. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai Encouraged Administration to begin the process of vacating a portion of Magic toward the Walmart facility. City Manager Koch reported that process, along with subdividing the Park away from a larger piece of property would begin in the next six months. K -2. Council Member Comments Boyle Thanked Ward and Schrag for their presentations and added, he would be interested in what would be developed. He also thanked Unger for her comments. Molloy Commended Alex Koch for his work on the grant received for high school improvements. Thanked Ward, Schrag and Unger for their presentations. Marquis No comments. Coffman Updated the Council and audience on upcoming events at the high school including Homecoming festivities, football, and swim meets. Smalley Yes Moore Absent Eldridge Boyle Yes Yes Marquis Yes Molloy Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 9 Eldridge Thanked Ward, Schrag and Unger for their presentations. Congratulated Alex and Rick Koch for their efforts related to the grant award. Smalley Reported the Chair of the Harbor Commission would be absent from the October and November meetings due to a family illness which would bring some urgency in filling openings due to absences and the recent resignation of a commissioner. The Harbor Commission also discussed the Kenai River Special Management Area (KRSMA) speed limit sign at the bridge and the question was asked on who's authority the sign was placed and who would be enforcing the speed limit Thanked Ward, Schrag and Unger for their presentations. A question was asked if there was something the City could do with regard to the outdoor woodburning boiler installation concern since currently there were no code requirements. Koch stated he would investigate if a moratorium could be placed and report back to Council. Porter Reported a barbecue would be held at the bluff gazebo on Monday, September 20, 2010. EXECUTIVE SESSION A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai /Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Project. MOTION: Council Member Molloy MOVED to convene in executive session of the council of the City of Kenai concerning the Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) Project, a matter the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Molloy requested City Manager Koch and City Attorney Stearns to attend. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION CONVENED: 8:37 P.M. BACK TO ORDER: 9:18 P.M. KENAI CITY COUNCIL MEETING SEPTEMBER 15, 2010 PAGE 10 Council Member Molloy reported the Council met in an executive session to discuss several issues and gave direction to the City Manager and the City Attorney regarding pursuing access to the KU 13A well for the City's rights as a lessor of property leased to Vince Goddard of Inlet Fisheries. ITEM L: ITEM M: Minutes submitted by: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:20 p.m. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. APPROVED BY C