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HomeMy WebLinkAbout2010-11-03 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. ELECTION OF VICE MAYOR 4. Agenda Approval 5. 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) 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 trine 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. 2516 -2010 Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. 2. 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. 3. 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. 4. Resolution No. 2010 -61 Awarding a Contract to Alaska Sure Seal for Snowplowing /Sanding Services at the Kenai Airport for an Amount Not to Exceed S25,000. ITEM E: MINUTES 1. *Regular Meeting of October 20, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 15,000 3. Action /Approval Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. 4. Action /Approval Amendment /Kenai Convention Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors Cultural Center. 5. Discussion /Action Schedule Board of Adjustment Hearing /Vincent L. Goddard, on Behalf of the Inlet Entities in the Matters of: Appeal of Planning Zoning Commission Approval of PZ 10 41 An Application for a Conditional Use Permit for a Natural Gas Storage Facility for the Property Known as SE1 /4 SE14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989; and, PZ10 -42 An Application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the Property Known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. 6. Discussion /Action Council Commission /Committee Liaison Assignments. 7. Discussion /Action: Telephonic Participation for Planning Zoning Commissioners at Commission Meetings. ITEM H: COMMISSION /COMMITTEE REPORTS 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.) ITEM M: ADJOURNMENT Ryan Marquis 1 Robert Molloy Mike Boyle Brian Gabriel Pat Porter, Mayor Joe Moore Terry Bookey 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 NOVEMBER 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MINUTES A quorum was present. Also present: Student Representative Hannah Coffman A -3. ELECTION OF VICE MAYOR The floor was opened for nominations. Council Member Moore nominated Council Member Ryan Marquis and Council Member Gabriel SECONDED the nomination. Council Member Molloy nominated Council Member Boyle and Council Member Bookey SECONDED the nomination. With no other nominations to be made, the floor was closed to nominations. Council Members voted paper ballots and when completed, forwarded the ballots to City Clerk Freas. After counting the ballots, Freas announced Council Member Boyle received four votes and Council Member Marquis received three votes. Council Member Mike Boyle was elected as Vice Mayor. A -4. AGENDA APPROVAL KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 2 The following changes were requested: ADD TO: Item G -5, Scheduling Board of Adjustment Hearing City Clerk memorandum identifying dates when parties would not be available. ADD TO: Item G -6, Council Commission /Committee Liaison Assignments Draft Proposed Assignments ADD AS: Item G -8, Schedule Board of Adjustment Hearing Appeal of Enforcement Order submitted by Lyford Disque. ADD TO: J -1, Report of City Manager Memorandum related to Little David Back Projects /Initiative to Increase the Minimum Project Value Limit for Projects to S50,000. MOTION: Council Member Moore MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the Requested Additions /Changes to the Agenda by correcting the reference to "David Black" to read "Davis- Bacon" and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 3 ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited W 10 minutes per speaker) None. ITEM C: Gary Knopp, Assembly President, 50465 Patrick Drive, Kenai Spoke in support of a proposed letter of support related to proposed amendments to the Little Davis Bacon Act (added to the City Manager Report at beginning of the meeting), and initiative to increase the minimum project value limit for projects to $50,000. Barry Eldridge, 2679 Bowpicker Lane, Kenai Suggested the City reestablish the "City of Lights" program and light up more of the public buildings for the holiday and winter season. Carol Bannock, Executive Director, Kenai Chamber of Commerce, 1908 Aliak, Kenai Bannock stated the Chamber supported the lighting program; reported a representative from Buccaneer Alaska would be speaking at the Chamber luncheon on November 10; and thanked the City for its financial support for the fireworks program for the "Christmas Comes to Kenai" event. ITEM D: D -1. MOTION: 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. 2516 -2010 Increasing Estimated Revenues and Appropriations by S13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. Council Member Marquis MOVED for adoption of Ordinance No. 2516 -2010. 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. It was noted, the funds would come from the General Fund. VOTE: "Student Representative Coffman: Yes Marquis Yes Molloy Yes Boyle Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 4 Porter Bookey Yes Yes Moore MOTION PASSED UNANIMOUSLY. Yes Gabrie D -2. 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. Council Member Marquis MOVED for adoption of Ordinance No. 2517 -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. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2518 -2010 Increasing Estimated Revenues and Appropriations by 530,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. MOTION: Council Member Marquis MOVED for adoption of Ordinance No. 2518-2010 and Council Member Molloy SECONDED the motion. Yes 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 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 5 MOTION PASSED UNANIMOUSLY. D -4. MOTION: Resolution No. 2010 -61 Awarding a Contract to Alaska Sure Seal for Snowplowing /Sanding Services at the Kenai Airport for an Amount Not to Exceed $25,000. Council Member Marquis MOVED for approval of Resolution No. 2010 -61 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. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of October 20, 2010 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Marquis MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Marquis MOVED to approve the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 6 There were no objections. SO ORDERED. G -3. Action /Approval Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. MOTION: Council Member Moore MOVED to approve the Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -4. Action /Approval Amendment /Kenai Convention Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors Cultural Center. MOTION: Council Member Bookey MOVED for approval of the Amendment to the Kenai Convention Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors Cultural Center and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -5. Discussion /Action Schedule Board of Adjustment Hearing /Vincent L. Goddard, on Behalf of the Inlet Entities in the Matters of: Appeal of Planning Zoning Commission Approval of PZ 10 -41 An Application for a Conditional Use Permit for a Natural Gas Storage Facility for the Property Known as SE1 /4 SE14 Section 4, Township 5 N, Range 11 W SM (1 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989; and, PZ10 -42 An Application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the Property Known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 7 Council Member Molloy disclosed a possible conflict of interest in that Vincent Goddard was a former client of his; he wanted to disclose the issue now and would bring it up again at the Board of Adjustment Hearing for the Chair to make a ruling; the cases in which he represented Goddard individually were closed in 2004 and the files were in storage; he also represented Goddard individually with debt collections for Inlet Salmon which took place in 2002 and 2003 (those files were also in storage); and, he had not been engaged with Goddard since 2004 and he was not currently a client. Molloy noted, he had no financial interest directly or indirectly with the appeals and he intended on participating as a Board of Adjustment member Molloy stated he would request an opinion from City Attorney Stearns for the Chair's use in her ruling. Attorney Stearns recommended the City Clerk notify Goddard of the disclosure. Both issues would be taken up at the same time Council scheduled a Board of Adjustment Hearing for Monday, December 13, 2010 and to begin at 6:00 p.m. G -6. Discussion /Action Council Commission /Committee Liaison Assignments. The following assignments were made: Council on Aging Council Member Boyle Airport Commission Council Member Marquis Harbor Commission Council Member Gabriel Library Commission Council Member Marquis Parks Recreation Council Member Moore Planning Zoning Commission Council Member Molloy (primary); Council Members Gabriel, Bookey and Marquis (alternates) Beautification Committee Mayor Porter Mini -Grant Steering Committee Mayor Porter Kenai River Special Management Advisory Board Administrative Staff Member Economic Development District Barry Eldridge (citizen)) Cook Inlet Regional Citizens Advisory Council John J. Williams (citizen) Kenai Visitors Convention Bureau Board Council Member Bookey Kenai Economic Development Strategy Barry Eldridge (citizen) /Mayor Porter Alaska Municipal League Council Member Bookey A suggestion was made for Council Member Bookey to apply for placement on the Alaska Municipal League Board of Directors. There were no objections from Council.. G -7. Discussion /Action: Telephonic Participation for Planning Zoning Commissioners at Commission Meetings. KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 8 Council Member Molloy reported the issue was discussed by the Planning Zoning Commission and the Commission was divided on requesting the Council to consider an ordinance to allow its members to participate telephonically at Commission meetings. Those opposing cited Commission members should be present when it sits at public hearings to hear testimony, etc., and receiving lay -down documents is sometimes difficult when traveling; those in favor cited allowing telephonic participation would help when members are traveling if the member reads the packet prior to the meeting. Council questions /comments included: Request an opinion from City Attorney Stearns, looking for a compromise with implications /consequences if a member would be able to be counted in determining a quorum, and voting effects on conditional use permits, etc. If participating telephonically, would it limit the Commission's authority? Currently, several members of the Commission traveled regularly. G -8. Schedule Board of Adjustment Hearing Appeal of Enforcement Order Submitted by Lynford Disque. Council scheduled a Board of Adjustment Hearing for 6:00 p.m., November 23, 2010. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the November 11 meeting had been rescheduled for November 18, 2010 at 4:30 p.m. (Clerk's Note: The November meeting had been cancelled.) H -2. Airport Commission Counc Member Moore reported the November 11, 2010 meeting had been cancelled. H -3. Harbor Commission Project Manager Lyon noted there was no quorum for the October 11 meeting, however those present did review the Commission's goals. Victoria Askin and Barry Eldridge were appointed to the Harbor Commission. H -4. Library Commission Council Member Marquis reported the next meeting was rescheduled to November 9. H -5. Parks Recreation Commission Director Frates reported a work session was held in October to discuss the Commission's capital improvement list. A second work session was scheduled for November 4. H -6. Planning Zoning Commission Council Member Molloy reviewed the October 27, 2010 meeting minutes included in the packet and noted a work session KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 9 on a proposed kennel ordinance and beekeeping ordinance would be held prior to the November 10 meeting. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:10 P.M. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No report. H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Director Ala reported the next meeting was scheduled for November 22. H -7e. Reports of KPB Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she made a presentation to the Anchorage Chamber of Commerce; visited Kaleidescope School to view paper ma projects (some would be put on display at City Hall); she would be speaking at the Alternative High School; and, she would be make a presentation to the Native elders on Veterans Day. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch noted the following: Would like to schedule a work session to be held in January related to the refraining the Equipment Replacement Fund and its budgetary impact. It was requested the work session be scheduled at the December 15, 2010 meeting. He would be attending an ANGA meeting on November 10 as well as a meeting with FAA with Airport Manager Bondurant related to grant assurances and the Airport Master Plan. He would be meeting with the Governor in two weeks, but would not attend the AML Conference. Referred to the draft letter of support and resolution to amend the Little Davis -Bacon Act; reviewed the need for updating Title 36 by the Legislature; and requested approval of Council for Administration to send the letter of support. Council discussion followed with comments including: Concern the issue had not been advertised for the public's knowledge. Concern in approving the letter of support without having time to study the issue more. Question of why previous efforts to increase the threshold had been failed by the Legislature. Marquis Yes Molloy Yes Boyle Yes Porter No Moore No Gabriel No Bookey Yes KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 10 Did not oppose the letter as it would put the Alaska Municipal League on notice the Council would be considering a resolution of support. Some businesses profit from the Davis -Bacon Act by preparing certified payrolls for small businesses. The draft letter was proposing the City's support before Council's consideration of a resolution. Suggestion the letter could be amended to say "tentative support" and "will consider," however, the letter still stated opinion. Suggestion a special meeting could be held to consider a resolution and would. MOTION: Council Member Molloy MOVED to hold a special meeting next week on a resolution to be given a number by Administration, the draft of which is in the packet and the meeting would be limited to a resolution of the City of Kenai, requesting that the Alaska Legislature amend AS 36.05.070 to require Little Davis -Bacon Act compliance for public construction projects in excess of $50,000, and to provide a more detailed definition of construction and maintenance. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Coffman: No MOTION PASSED. The special meeting was scheduled for Wednesday, November 10, 2010 at 5:00 p.m. Koch also reported the three new firefighter positions had been hired and the dip net report would be available to the Council soon. It was suggested Koch meet with the owners of the AIH building and Professional Building to inquire of plans and /or problems they may be having in doing something with the buildings. It was noted, he could contact them, but the individuals would be under no obligation to tell him of their plans for the buildings. J 2. Attorney City Attorney Stearns reported she would be attending the Municipal Attorneys meetings and the AML Conference and would be discussing the Open Meetings Act with the City Clerks. KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 11 A brief discussion took place with regard to the presentation of information at the Goddard Board of Adjustment Hearing. Stearns noted she would be researching standards with regard to presentation of issues, etc. Stearns also reported service of process had not yet been obtained in the Rodes case. J 3. City Clerk Clerk Freas noted the following: Referred to her memorandum included in the packet with regard to a suggestion the placement of "Reports of KPB Assembly, Legislators and Councils" be moved to the beginning of the meeting and added, an ordinance would be prepared to do so if Council requested. No action was taken by Council to bring forward an ordinance to consider. Reminded Council of its work session for November 4 related to a credit card allowance program and that a packet for the work session was available in their mailboxes as well as on the City's webpage. Reported absentee voting had finished for the State General election and that approximately 400 people had voted at the Kenai City Hall site. She also noted Election Day had gone smoothly. Freas was requested to provide to Council the number of hits of the streamed council meetings, an updated Deputy City Clerk job description, and reduction of paper efforts at the first January meeting. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. No comments. Citizen Comments (Public comment limited to 5 K -2. Council Member Comments notes per speaker) Boyle Stated he looked forward to serving as the liaison to the Council on Aging again and thanked the Council for their confidence in electing him as Vice Mayor. Molloy Thanked the Clerk and Deputy Clerk for their work during the election cycles; thanked Finance Director Eubank for the financial reports included in the packet; and thanked Wayne Ogle for his work as the Public Works Director. Marquis Reported the "Trunk or Treat" held at the Recreation Center received a very good turnout and thanked Administration for its work in preparing the Land reports which were provided to the City Council. Coffman Reported on upcoming sport events at the high school as well as encouraging all to attend the school play. KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 12 Bookey Thanked those who spoke during the meeting and the Mayor for her visit to the Kaleidoscope School. Gabriel Thanked the Clerk and Deputy Clerk for their election work; looked forward to working with the Harbor Commission; and reported his children were taking advantage of the video streaming and were listening /watching the meeting. EXECUTIVE SESSION None scheduled. ITEM L: ITEM M: Moore No comments. Minutes submitted by: Carol L. Freas, ity Clerk PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:00 p.m. *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 moue or second items during a council meeting. 'APPROVED B C s !0 :.J rATE