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HomeMy WebLinkAbout2010-12-15 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. ken ai. 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 corn.ment limited to 10 murn to per speaker) 1. Brendyn Shiflea, First National Bank Alaska Kenai. Community Library Donation Presentation ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 inn lutes 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. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. (Clerk's Note: Ordinance No. 2519 -2010 was postponed from the December 1, 2010 in order to allow for a further review of information and a second public hearing. The motion to adopt Ordinance No. 2519 -2010 is active and no additional motion to adopt is needed.) 2. Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by S2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 3. Resolution No. 2010 -64 Awarding a Contract to Cornerstone Equipment Rentals for the Project Entitled, "Kenai North Shore Restrooms /Marathon Park Restrooms 2010," for the Total Amount of $96,000.00. 4. Resolution No. 2010 -65 Adopting an Alternative Allocation Method for the FY11 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area.. 5. *2011 /2012 Liquor License Renewal Kenai Golf Course (License #4708) ITEM E: MINUTES 1. *Regular Meeting of November 23, 2010. 2. `Regular Meeting of December 1, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 3. *Ordinance No. 2524 -2010 Increa.sing Estimated Revenues and Appropriations by S23,000 in the General and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E 1 /2 NE 1 /4 NE 1 /4, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. 4. *Ordinance No. 2525 -2010 Increasing Estimated Revenues and Appropriations by $80,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE 1/4 NE 1 /4, T6N, R11W, Section 31, Seward. Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. 5. *Ordinance No. 2526 -2010 Increasing Estimated Revenues and Appropriations by $25,000 in the General Fund for the Purchase of Approximately 7.28 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, T5N, R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for the Purpose of Maintaining A Component of the City's Storm Drain System. 6. Discussion Schedule Work Session to Discuss Utility Rate Study. 7. Discussion Dip Net Report 2010 8. Discussion Request for Financial Support /Second Annual Industria Outlook Forum 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 legislati which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT Mike Boyle, Vice Mayor Pat Porter, Mayor Joe Moore Brian Gabriel Terry Bookey Ryan Marquis Robert Molloy ITEM A: CALL TO ORDER A -2. ROLL CALL The City Clerk took roll. Present were: VOTE: KENAI CITY COUNCIL REGULAR MEETING DECEMBER 15, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING There were no objections. SO ORDERED. MINUTES 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 quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL MOTION: Council Member Moore MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. A -4. CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) Brendyn Shiflea, First National Bank Alaska Kenai Community Library Donation Presentation Representing the Friends of the Library, Mr Shiflea presented a check to the City in the amount of $60,000 toward the Library Expansion Project. Shiflea noted, the funds represented individual small businesses and corporate donations and, to date, the total donations presented through the Friends totaled $475,000. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Dennis Barnard, 335 Dolchok Lane, Kenai Reported his concerns related to the amount of noise generated from ATVs and motorcycles from the Twin Cities Raceway and filtering to his neighborhood. Barnard requested the City to protect him and his neighborhood from the noise pollution, he identified the noise lasted to at least 10:00 p.m., and he was fearful the noise pollution would devalue his and neighboring properties. Robert Flanders, 4769 Beaver Loop Road, Kenai Reported he lived on the corner of Togiak and Beaver Loop and was concerned about noise from the Raceway; explained Beaver Loop Road was a funnel for four wheelers and motorcycles heading to the Raceway; he had complained to the Police Department many times; in addition to the racing along the Road, there was also a lot of dust; snow machines used the Road for racing in the winter; and, he was concerned the activities would affect his property value. Nadia Daggett, 51235 Kenai Spur Highway, Nikiski Stated she hoped the City would redo the wind study with accurate data, i.e. using data from the Airport and different sizes of apparatus. Liisia Blizzard, Kenaitze Indian Tribe Representative Reported on the Tribe's involvement with the subsistence fishery and noted concerns it had with the Dip Net Fishery, i.e. garbage problems, vandalism of the Tribe's fish sites, etc. Blizzard noted the Tribe assisted in cleaning of garbage along the beach and was thankful for the City's placement of protective fencing to protect the dunes. Blizzard offered some suggestions including providing information related to protection of the environment; provide information related to tides; placement dumpsters for garbage collection; limit the fishery to Kenai Peninsula only; and, close the beach to camping. KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 3 It was noted Mayor Porter and City Manager Koch discussed the Dip Net Fishery with representatives from the Tribe and some of those comments should be added into the report. ITEM D: D -1. The floor was opened to public hearing. MOTION TO POSTPONE: 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. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. (Clerk's Note: Ordinance No. 2519 -2010 was postponed from the December 1, 2010 in order to allow for a further review of information and a second public hearing. The motion to adopt Ordinance No. 2519 -2010 is active and no additional motion to adopt is needed.) Karin Koester, 845 Set Net Drive, Kenai Koester noted she was a member of the Planning Zoning Commission and reviewed issues the Commission discussed in developing the ordinance and urged support and approval of Ordinance No. 2519- 2010. With no others wishing to speak, the public hearing was closed. Council discussion followed, including: Council Member Molloy noting he felt the ordinance needed additional work and would support postponing action on the ordinance to allow for a substitute to be developed that would provide better definition of commercial versus non- commercial kennels (changing private to non commercial), changes to the application process, references in the Land Use Table, appeal process concerns, including noticing, and, because much of the ordinance had good points, a substitute ordinance could be developed to address areas mentioned. Council Member Molloy MOVED to postpone Ordinance No. 2519-2010 to the second meeting in February and for an additional public hearing with the intention there would be a substitute. Council member Boyle SECONDED the motion. Comments included: Administration would work with the Planning Zoning Department, Animal Control, Public Safety and any other department suggested by the City Manager to develop a substitute ordinance. Boyle No Porter Yes Moore Yes Gabriel Yes Bookey No Marquis Yes Molloy No Boyle Yes T Porter No Moore No Gabriel No Bookey i Yes Marquis No Molloy Yes KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 4 Question of whether the ordinance could be passed and a separate ordinance could be developed to address the identified concerns. Belief the ordinance as presented was workable and did not support the motion to postpone. Belief the ordinance should be voted up or down and not develop a substitute. VOTE Old POSTPONEMENT: *Student Representative Coffman: No MOTION FAILED. VOTE ON ORDINANCE: *Student Representative Coffman: Yes MOTION PASSED. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:10 P.M. D -2. Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by S2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2523 -2010 and Council Member Bookey SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 5 MOTION PASSED UNANIMOUSLY. D -3. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2010 -64 and 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. It was noted the estimated completion date for the project was June 15, 2011 and costs for the project would be covered by funds received from past dip net fisheries and state grant funds received last year. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2010 -65 Adopting an Alternative Allocation Method for the FY11 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2010 -65 and requested UNANIMOUS CONSENT. 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. There were no Council comments. VOTE: Resolution No. 2010 -64 Awarding a Contract to Cornerstone Equipment Rentals for the Project Entitled, "Kenai North Shore Restrooms /Marathon Park Restrooms- 2010," for the Total Amount of 596,000.00. KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 6 There were no objections. SO ORDERED. D -5. *2011/2012 Liquor License Renewal Kenai Golf Course (License #4708) Approved by consent agenda.. ITEM E: MINUTES E -1. *Regular Meeting of November 23, 2010 Approved by consent agenda approval. E -2. approval. VOTE: *Regular Meeting of December 1, 2010 Approved by consent agenda ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 15,000. G -3. *Ordinance No. 2524 -2010 Increasing Estimated Revenues and Appropriations by S23,000 in the General and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E 1 /2 NE '/a KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 7 Introduced by approval of consent agenda. G -4. *Ordinance No. 2525 -2010 Increasing Estimated Revenues and Appropriations by $80,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE 1 /4 NE 1 /4, T6N, R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. Introduced by approval of consent agenda. G -5. NE 1/4, Section 31, T6N, R1 1 W, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. *Ordinance No. 2526 -2010 Increasing Estimated Revenues and Appropriations by 525,000 in the General Fund for the Purchase of Approximately 7.28 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, T5N, R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for the Purpose of Maintaining A Component of the City's Storm Drain System. Introduced by approval of consent agenda. G -6. Discussion Schedule Work Session to Discuss Utility Rate Study. Council scheduled a work session to discuss the Utility Rate Study for February 16, 2011 beginning at 5:30 p.m. G -7. Discussion Dip Net Report 2010 In order to allow the public to comment, a work session was scheduled for February 15, 2011, beginning at 6:00 p.m. Administration was requested to invite representatives from the Kenaitze Indian Tribe. G -8. Discussion Request for Financial Support /Second Annual Industrial Outlook Forum Mayor Porter requested Council's approval to sponsor half the cost of the second day's morning break cost (other half to be sponsored by the City of Soldotna). MOTION: Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 8 Council Member Boyle MOVED to approve the sponsorship in the amount of $250.00 for the Friday morning network break and Council Member Moore SECONDED the motion. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed the December 9, 2010 meeting summary which was included in the packet. 11-2. Airport Commission Council Member Marquis reviewed the December 9, 2010 meeting summary which was included in the packet. H -3. Harbor Commission Interim Public Works Director Lyons reported a meeting was held on December 1 and reported the Commission recommended approval of the Capital Improvement Project list as submitted and would review the Dip Net Report at its January 10, 2011 meeting. H -4. Library Commission Council Member Marquis reported there was no quorum for the December 7 meeting and the next meeting was scheduled for January 4, 2011. 11-5. Parks Recreation Commission Council Member Gabriel reviewed the December 2, 2010 meeting summary which was included in the packet. 1-1-6. Planning Zoning Commission Council Member Bookey reviewed the December 8, 2010 meeting minutes which were included in the packet. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report No report. I-1-7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported a meeting was held December 6 during which the Board discussed the KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 9 holiday work session and noted, Assembly Member Smalley would be joining the Board in April. H 7e. Reports of KPB Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Provided Council with hats and gift cards to re -gift. Requested an executive session be scheduled for the January 5, 2011 related to concerns that could possibly effect and prejudice the reputation and character of another and it would be regarding a possible violation of city ordinances by elected officials. Council Member Boyle explained, the proposed executive session would be because he was in violation of a City code; he talked with an individual of the City and discussed the issue; he received a certified letter with a deadline of December 25 (which had not yet arrived), thus it was not an issue for the body at this time; he felt it was a matter of personal business between him and the City; and, he bought new tags for his truck and he was no longer in violation. Mayor Porter stated her desire to still schedule the executive session. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manager Koch reported the following: If no objections of Council, he would increase the level of participation in the Flex Savings Account to $5,000. The increase would become effective before December 31, 2010. No objections were noted by Council. He attended the Borough Planning Commission meeting where the Commission did not approve the Borough Administration's recommendation to move ahead with its lease with the Racing Lions. Koch gave a brief report on the City's efforts to acquire property in the same area for wellhead protection and two wells to be drilled in that area. He also noted, Administration needed direction of Council with regard to its position with the Racing Lions lease renewal, i.e. whether it wanted to take a position. Also involved were the concerns of a change in use, historical use of the race track, zoning issues (which could be addressed separately), etc. Council's concurrence was not to take a position on the lease and that a letter be sent to the Racing Lions to notify them of the City's Conditional Use Penult process (with City Attorney review) and copies of the letter be sent to the gentlemen who testified earlier in the meeting. The Governor's Capital Budget included funding to the City for water transmission mains and the cross connection on Swires. There were no funds included for the bluff erosion project or the Personal Use Fishery. KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 10 He met with Department of Environmental Conservation and believed they would be able to fund totes for fish waste, signage, and signage flyers for the Personal Use Fishery. He understood there were jurisdictional issues with law enforcement with regard to the comments made by the Kenaitze Indian Tribe representative, i.e. having the City respond to their concerns would have to come as a request from the State Troopers. The City received four Comprehensive Plan Update proposals. interviews would begin in early January. Wished all Merry Christmas. Questions /comments to the City Manager included: Suggestion to discuss a proposed licensing charge for the fishery with Senator Wagoner. Progress of the community playground? The topographical survey had been completed and forwarded to the landscape architect. A cost estimate and preliminary design should be available in mid January. Concern expressed about a large leaning tree at the park and whether it should be cut down. Carpeting at the Teen Center? The flooring would be sheet goods except carpeting in the pool room and TV lounge. Thickness of ice at the Daubenspeck Park? The pond would probably be ready in ten days, would be plowed out, and lighting placed. A notice would be placed in the paper at Community News. Suggestion the Parks Recreation Commission /Beautification Committee discuss a beautification theme for winter displays. Meeks' Crossing Bridge? Should be placed this winter. J -2. Attorney Attorney Stearns wished all happy holidays. J -3. City Clerk City Clerk Freas noted the following: Reminded Council the Advisory Cemetery Committee would sunset on December 31, 2010. Reminded Council, a work session was scheduled for Tuesday, December 21 at 6:00 p.m. with area legislators. She prepared her Juneau trip report and it was available in the Council's mailboxes. A report on the streaming use data was prepared and available in the Council's mailboxes (total visits from August, 2009 through November 8, 2010 was 3,416 or an average of 200 a month). An updated draft Deputy Clerk job description was prepared and available in the Council's mailboxes. She requested Council's review and comments of the draft document. ITEM K: ADDITIONAL PUBLIC COMMENT KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 11 K -1. Citizen Comments None. K -2. Council Member Comments Porter Wished all happy holidays. Coffman Gave a brief report on activities and events going on at the Kenai Central High School. Marquis Thanked Porter for the gifts, thanked the Friends of the Library gift, and encouraged all to view the lunar eclipse on December 20, 2010. Molloy Thanked Porter for the gifts; thanked the Friends of the Library for its gift; thanked the City Manager, City Clerk, and City Attorney and employees for their work done during the year; thanked the public for its comments and participation over the year; and, wished all a Merry Christmas. Boyle Reported he would be unable to attend the work session on December 21 as he would be on leave and wished the Council, City Clerk, City Attorney, Citiy Manager and employees happy holidays. Moore Commended the Harbor Commission for its thorough report; thanked Porter for the gift; stated his appreciation for Mrs. Daubenspeck's letter; and, thanked the Council and the City for the flowers sent for his step- father's funeral. Gabriel Thanked Porter for her gift; thanked the speakers; thanked the Friends of the Library for its gift; and, wished all Merry Christmas and Happy New Year. Bookey Thanked Porter for the gift; encouraged all to adopt a hydrant through the Fire Department; thanked Friends of the Library for its gift; requested the leaning tree at the park not be cut down; and wished all happy holidays. EXECUTIVE SESSION None scheduled. ITEM L: ITEM M: 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 9:46 p.m. KENAI CITY COUNCIL MEETING DECEMBER 15, 2010 PAGE 12 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 shall be recorded in the minutes. A student representative may not move or second items during a council meeting. VED SY COU DATE C-LERK