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Home My WebLink About2010-10-20 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING OCTOBER 20, 20 10 7:00 r KENAI CITY COUNCIL CHAMBERS htt 1. Pledge of Allegiance 2, Roll Call 3, CERTIFICAT°I ®N OF ELECTION 4. ADMINISTER OATHS OF OFFICE 5. ELECTION OF VICE MAYOR b. Agenda Approval 7. 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) Vincent Goddard -- Public Safety Concerns Related to the Proposed Natural Gas Storage Facility in Kenai. 2. John 0. Robertson, PhD, P.E. -- Expert Witness Testimony Regarding Public Safety Concerns Related to the Geology and Seismic Factors for the Proposed Natural Gas Storage Facility in Kenai. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM Do PUBLIC HEADINGS (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. 2514 -2010 -- Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non - Metallic Cable in 'lope III, IV, and V Construction as Otherwise Permitted in 334.10(3) of the National Electrical Code 2008. 2. Ordinance No. 2515-2010 -- Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. 3. Resolution No. 2010 -55 -- Authorizing the Purchase of Approximately 4.234 Acres of Property Described as Government Lots 131, 165 and 166, Section 31, Township 6 North, Range II West, Seward Meridian, Kenai, Alaska from the State of Alaska for $3,500.00 for a Municipal Production Well Site and Wellhead Protection Area, Greenbelt, Pedestrian Pathway and Conservation and /or Other Public Recreation Purposes. 4, Resolution No. 2010 -59 -- Approving the Budget Transfer of $25,000 for a Snowplowing/ Sanding Service Contract for Services at the Airport Terminal Building, Kenai Flight Service Station and the Alaska Fire Training Center. 5. Resolution No. 2010 -60 -- Supporting the Use of Funding Provided Through the Economic Recovery Act for Buccaneer Alaska and Possibly Other Companies to Acquire a Jack -Up Drill Rig for Use in Cook Inlet. ITEM E: MINUTES "Regular Meeting of October 6, 2010. ITEM Go NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2516-2010 -- Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Find for Professional Services to Provide for a Collection Inventory. 4. *Ordinance No. 2517-2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. 5. *Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. 6. Approval, /Action -- Approval of Lease to Kenai Nikiski Pipe Line, LLC (KNPL) for an Approximate 22,575 Square Foot Portion of Tract A, Plat No. 78 --111. 7. Discussion/ Action -- Council Commission/ Committee Assignments 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8, Recreation Commission 6. Planning 8, 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 C. Reports of KPB Assembly, Legislators and Councils 1. City Manager 2. Attorney 3. City Clerk I . Citizen Comments (Public comment lirnited to 5 minutes per speaker) 2. Council Member Comments EXECUTWE SESSION -- None Scheduled ITEM Lo PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) FUMMM n["0rTa 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. The City Clerk took roll. Present were - , Barry Eldridge an Marquis Robert Molloy Pat Porter, Ma or Joe Moore Absent was: Vice Mayor Hal Smalley and Council Member Boyle A quorum was present. Also present: Student Representative Hannah Coffman. City Clerk Freas read into the Certification of Election into the record as follows: CITY OF KENAI w" M a WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 5, 2010. ABSENTEE (in- person, by -fax, personal needs, by- mail) AND QUESTIONED BALLOTS RECErV 213 ABSENTEE/QUESTIONED BALLOTS REJECTED 17 ABSENTEE/ QUESTIONED BALLOTS COUNTED 196 KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 2 POLL VOTER 9 25.1 V OTEk TURN O . . 29% NUMBER OF KENAI REGISTERED VOTERS TOTAL VOTES era ��ic�kz* z* ��: zic�i. - i�9:��x�;kk;� *�:� * * * * *ir�ixkkA k�;:Nkkk�: �:'k *kkAk� *i: �e �: �; �; r. �: kx��:k�'�xx�k��c * * * * * *h-�-�-�: �-k kki:x A - *�: �:x�•A••x kic �: M OTIO N: POLL ABSENTEE, ABSENTEE, ETC. V ®TES RECEIVED VOTES ETC. VOTES TOTAL VOTES 81 � SMALLEY, Hal, CANDIDATES RECEIVED RECEIVED RECEIVED PORTER, Pat 724 m 126 850 BOYLE, Mike 537 67 604 Write - Ins 5 3 8 - - - CANDIDATES POLL VOTES j RECEIVED i ABSENTEE, ETC. V ®TES RECEIVED TOTAI, VOTES RECEIVED BOOKEY, Terry 643_ 81 724 SMALLEY, Hal, 548 83 631 ELDRIDGE, Barry 330 57 387 GABRIEL, Brian G., Sr. 586 99 685 Write -Ins 9 2 11 Council Member Molloy MOVED to certify the October 5, 2010 election results and Council Member Marquis SECONDED the motion. [q Eldridge Yes Marquis Yes Molloy Yes Boyle Absent P orter Yes Smalley Absent M oore Yes m Mayor Porter made a presentation to Council Member Eldridge thanking him for his years of service to the City as a member of the Council. Porter stated her thanks to Council Member Smalley as well. "�' KA1�7i�al.ZrT�i�l;Y�r�ilL KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 3 Clerk Freas administered the Oath of Office to Pat Porter and she took her seat at the dais. Mayor Porter administered the Oath of Office to Terry Bookey and Brian Gabriel and they took their seats at the dais. T S M6:[ in Council Member Molloy MOVED to postpone the election of Vice Mayor until the first meeting in November, 2010, Council Member Moore SECONDED the motion. *Student Representative Coffman: Yes Bookey Yes Marquis Yes Mollo Yes Boyle Absent Gabriel Yes Porter Yes Moore Yes i A-6. Agenda Approval The following items were requested to be added to the packet: ADD TO: Item D -5, Resolution No. 2010 -60: • 10 / 19 / 2010 Senator T. Wagoner memo and back -up information. ® 10/20/2010 D. Davis (Escopeta Oil) leter and back -up information. Council Member Moore MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. A-7. Consent Agenda TCi31 y KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 4 Council Member Molloy MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. ITEM E: SCHEDULED PUBLIC COMMENTS (Pe.blie comment limited to 10 minutes per speaker) E -1. Vincent Goddard -- Public Safety Concerns Related to the Proposed Natural Gas Storage Facility in Kenai. Vincent Goddard., P.O. Box 1209, Kenai -- Mr. Goddard discussed his safety concerns related to the proposed natural gas facility to be located in the populated area of the City of Kenai; distributed a copy of a KU 13 -8 White Paper (he received it from Cook Inlet Natural Gas Storage Alaska) which reviewed the complexities involved with regard to the abandoned well on his and the City's property; and, urged Council to consider building another reservoir outside of the City. R -2. John G. Robertson, PhD, P.E. -- Expert Witness Testimony Regarding Public Safety Concerns Related to the Geology and Seismic Factors for the Proposed Natural Gas Storage Facility in Kenai. Dr. John Robertson, Pallbrook, California -- Dr. Robertson reported, as a petroleum engineer, he acts as an expert witness and evaluates projects; noted the proposed facility would be working with dangerous materials and bad things could happen; wanted the storage facility company to follow the right rules; and, distributed packets of information related to primary problems of the project and that risk to the urban area must be considered. 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 speakerpresent, however no single speaker present may speak for more than 30 minutes combined on their own and on, others' behalf.) Richard Gentges -- Cook Inlet Natural Gas Storage Alaska (CIN'GSAI -- Mr. Gentges reviewed his background in the design, construction, and operation of new storage facilities; reported the Kenai site had never leaked gas; in developing the facility, they would have to comply with State and Federal regulations with regard to gas storage facilities; in the development, safety of the field is an obligation; and, he provided the Planning & Zoning Commission with a copy of a report that spoke to the safety of the gas storage industry. KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 5 Gentges stated he understood there was a potential for an appeal of the Commission's decision and asked if the approved Conditional Use Permit would be an issue that could be appealed. City Attorney Stearns stated the City could not give either party legal advice and comments made at this meeting would not be a part of a de novo record. Barry Eldridge, 2679 Eowpicker Large, Kenai -- Mr. Eldridge noted he attended the Planning 8s Zoning Commission meeting when the Conditional Use Permit was approved; his understanding was the field was under the river and tidelands and included two structures (Kenai Landing and Inlet Fisheries); his home would be very close to the facility; and, he had no objection to the facility being placed at the proposed location. D -1. Ordinance No. 2514 -2010 -- Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non - Metallic Cable in Type III, IV, and V Construction as Otherwise Permitd in 334.10(3) of the National Electrical Code 2008. Council Member Marquis MOVED to enact Ordinance No. 2514 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. L �� 'Student Representative Coffman: Yes Booke Yes Marquis Yes 1 Mo llo Yes Boyle Absent Porter Yes Moore Yes G abriel Yes ____ u u D -2. Ordinance Nay. 2515-2010 -- Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. Council Member Marquis MOVED to enact Ordinance No. 2515 -2010 and Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL, MEETING OCTOBER 20, 2010 PAGE 6 The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no public comments. 'Student Representative Coffman: Yes Bookey Yes Marquis Yes Yes Boyle Absent , Porter Yes Moore Yes Gabrie Yes W D -3. Resolution No. 2010 -55 -- Authorizing the Purchase of Approximately 4,234 Acres of Property Described as Government lots 131, 165 and 166, Section 31, Township 6 North, Range I 1 West, Seward Meridian, Kenai, Alaska from the State of Alaska for $3,500.00 for a Municipal Production Well Site and Wellhead Protection Area, Greenbelt, Pedestrian Pathway and Conservation and /or Other Public Recreation Purposes, Council Member Marquis MOVED to adopt Resolution. No. 2010 -58 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. There were no Council comments. *310; There were no objections. SO ORDERED. D -4. Resolution No. 2010 -59 -- Approving the Budget Transfer of $25,000 for a Snowplowing/ Sanding Service Contract for Services at the Airport Terminal Building, Kenai Flight Service Station and the Alaska Fire Training Center. ulwwwn Council Member Marquis MOVED to enact Resolution No. 2010 -59 and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 7 There were no objections. SO ORDERED. D -5. Resolution No. 2010 -60 -- Supporting the Use of Funding Provided Through the Economic Recovery Act for Buccaneer Alaska and Possibly Other Companies to Acquire a Jack -Up Drill Rig for Use in Cook Inlet. Q eCi t#i USNIP Council Member Molloy MOVED for approval of Resolution No. 2010 -60 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 /Administration comments included: ® Review of Senator Wagoner's memorandum explaining the request of Buccaneer for a resolution of support from the City of Kenai. ® The resolution of support was required by Alaska Industrial Development Export Authority (AIDEA). ® The added information received from Escopeta Oil was noted and it was explained Administration would contact them in the morning and explain the procedure, that the City would not be loaning the funds, and if Escopeta Oil requested, a similar resolution would be prepared for them. ® This was not conduit financing. ® It was believed both Buccaneer and Escopeta Oil held leases. *Student Representative Coffman: Yes Bookey Yes ;Mar uis Yes Molloy Yes Boyle € Absent 3 Porter Yes Moore Yes Gabriel Yes ITEM E: MINUTES E -l.. *Regular Meeting of October 6, 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 KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 8 Council Member Moore MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. G -3. *Ordinance No. 2516 -2010 -- Increasing Estimated Revenues and Appropriations by $ 13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. Introduced with approval of the consent agenda. G -4. *Ordinance Nis. 2517 -2010 -- Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. Introduced with approval of the consent agenda. G-5. *Ordinance No. 2518 -2010 -- Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. Introduced with approval of the consent agenda. G -6. Approval /Action -- Approval of Lease to Kenai Nikiski Pipe Line, LLC (KNPL) for an Approximate 22,575 Square Foot Portion of Tract A, Plat No. 78 -111. Council Member Moore MOVED for approval of the lease to Kenai Nikiski Pipe Line, LLC (KNPL) as specified in the memorandum provided in the packet. Council Member Marquis SECONDED the motion. *Student Representative Coffman: Yes KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 9 Bookey Yes Marquis Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Gabriel Yes G -7. Discussion/ Action -- Council Commission/ Committee Assignments Council Member Marquis MOVED to postpone the Council Commission/ Committee Liaison assignments to the next meeting and Council Member Bookey SECONDED the motion. ZS *Student Representative Coffman: Yes Bookey Yes Marquis Yes Molloy Yes Boyle Absent Porter Yes Moore Yes Gabriel Yes - H -1 Council, on Aging -- Senior Director Craig reported on actions and discussions held at the October 14, 2010 Council on Aging meeting, noting the Council requested their regular November 11 meeting be rescheduled for November 18. (Clerk's note: It was later learned the Council on Aging requested its meeting be rescheduled but the motion to do so failed and it was requested the November 11, 2010 meeting be cancelled.) H -2. Airport Commission -- Council Member Moore reported the Commission met on October 14 and reviewed the meeting discussions and also noted the Commission requested the November 11 meeting be cancelled. H -3. Harbor Commission -- Public Works Director Ogle reviewed the October 11, 2010 meeting summary which was included in the packet. He also reported the Commission would hold a work session on Monday, October 25 to discuss development of a capital projects list. Council reviewed the Harbor Commission's attendance record which was included in the packet. Because of the amount of absences from meetings, Clerk Freas was requested to prepare a letter for Commissioner Niederhauser, thanking him for his service to the City. KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 10 H -4. Library Commission -- Council Member Marquis reported the October meeting, had been cancelled. The November 2 meeting had been rescheduled to November 9. H -5. Parks & Recreation Commission -- Parks & Recreation Director Frates reported the Commission would meet in a work session on October 21 to discuss capital projects list development. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Mr. Eldridge reported, as the alternate liaison he attended the October 13, 2010 meeting and reviewed actions taken. Council reviewed the letter of resignation from Planning &, Zoning Commissioner Wells and accepted. it with regrets. Discussion followed regarding appointment of a new Commissioner. Council reviewed applications included in the packet from Tim Wisniewski, Tim Navarre and Barry Eldridge. Council comments included: A suggestion to publish a request for applications. An objection to advertising and urged the appointment of Tim Navarre to the Commission. ® Constituents had contacted him with regard to applying for positions. ® There were other commission/ committees with vacancies. ® Advertising would provide the opportunity to get applications from interested public. d Suggestion to run an advertisement for two weeks, twice a week and select from those applications that may come forward. ® Desire to appoint Navarre and advertise. Consensus of Council was to appoint Navarre and advertise for applications for two weeks, twice a week. -7. Miscellaneous Commissions and Committees H -7a. Beautification. Committee -- Director Frates reported there was no quorum at the October meeting and the next meeting would be held on November 9. H -7b. Alaska Municipal League Report -- No report. -7c. Mini -grant Steering Committee -- No report. H -7d. Kenai Convention & Visitors Bureau -- No report. KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 11 H -7e. Reports of KPB Assembly, Legislators and Councils -- Assembly Member Gary Knopp congratulated the candidates and those elected; updated on Alaska Municipal League Conference plans; and reviewed actions taken at the October 12, 2010 Borough Assembly meeting. ITEM I: REPORT OF THE MAYOR -- Mayor Porter reported on a new business; requested a picture of the Council be taken at the next meeting; suggested Council consider limiting the length of time political signs may be placed and the size of political signs; and reported she would be speaking at the Anchorage Chamber of Commerce meeting on November 1. It was suggested the report of the Assembly Member be moved up earlier on the agenda. J -1,. City Manager -- City Manager Koch congratulated the new Council Members and Mayor's election; reported on the 1CMA Conference he had attended; reported he was working with commissions and committees with regard to their responsibilities and developing capital improvement lists; and, gave a report on the Kenai River Special Management Area study. J -2a Attorney -- Attorney Stearns reported she recently returned from the International Municipal Lawyers Conference which she found to be very beneficial; and she would be making an Open Meetings Act presentation to the Alaska Association of Municipal Clerks at its annual meeting prior to the Alaska Municipal League Conference in November. J-3. City Clerk -- No report. ETEM K: ADD ITIONAL X -l.. Citizen Comments (Public comment limited to 5 minutes per speaker) None. R -2. Council Member Comments Moore -- Welcomed the new Council Members and stated he was looking forward to working with them. Gabriel -- Thanked Eldridge for his years of service and congratulated all the candidates and stated he was looking forward to working with the Council. Bookey -- Congratulated all the candidates, thanked Eldridge and Smalley for their years of service, and added he was looking forward to serving on the Council. KENAI CITY COUNCIL MEETING OCTOBER 20, 2010 PAGE 12 Coffman . -- Reported on events to take place at the school, including band concert, parent /teacher conferences, wrestling and volleyball tournaments, and swim meet. Marquis -- Thanked Assembly Member Knopp for his report, Planning & Zoning Commission Chair Twait for attending the meeting; thanked Eldridge for his service and would look forward to working with him again in another circumstance; and, congratulated the new Council members. Molloy -- Stated he appreciated the information given by Mr. Goddard and Dr. Robertson; expressed his gratitude to Eldridge and Smalley for their service to the City and appreciated working with them on all City business; thanked Eldridge for attending the last Planning 8, Zoning Commission meeting for him; congratulated Porter, Bookey and Gabriel and would look forward to working with them.. EXECUTIVE SESSION -- None Scheduled ITEM Lo PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) r • - There being no further business to come before the Council, the meeting was adjourned at approximately 5:53 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 in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes hhall be recorded in the minutes. A student representative may not move or second items during a council meeting. APPROVED