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HomeMy WebLinkAbout2011-03-02 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 2, 2011 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 coutbin.ed 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. Skyview Mock Trial Team /State Champions Requesting Support /National Competition. 2. Michelle Martin, Kenai Watershed Forum "Protecting Salmon From Reed Canary Grass Ongoing" Project Funded Through Alaska Sustainable Salmon Fund. 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 tim.e 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. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and U--1 Occupancies so that Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. 2. Ordinance No. 2539 -2011 Increasing Estimated Revenues and Appropriations by S300,000 in the General Fund and by $401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 3. Resolution No. 2011 -21 In Support of the City of Kenai's 2011 All America City Award Application and Authorizing the City Manager to Submit the 2011 All America City Award Application on Behalf of the City of Kenai. 4. Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. 5. Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014. 6. *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge #1942, d /b /a Peninsula Moose Lodge #1942 /Club (License #2494) ITEM E: MINUTES 1. *Regular Meeting of February 16, 2011. 2. *February 15, 2011 Work Session Notes. 3. *February 16, 2011 Work Session Notes. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. Action /Approval Special Use Permit /Buccaneer Alaska Operations, LLC. 4. Action /Approval Second Amendment to Rental Agreement /Chevron North America Exploration and Production Company Beacon Fire Training Center. 5. Action /Approval Third Amendment to Facilities Management Agreement/ Kenai Visitors and Cultural Center. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the city of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. (Clerk's Note: Ordinance No. 2537-2011 was postponed, no time certain, at the February 16, 2011 Council meeting with direction to return the ordinance to the Planning Zoning Commission for further review and consideration. Upon its return to Council, the ordinance will receive an additional public hearing.) ITEM M: ADJOURNMENT Ryan Marquis Robert Molloy (telephonically} Mike Boyle, Vice Mayor I Pat Porter, Mayor Joe Moore Brian Gabriel Terry Bookey ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: MOTION: VOTE: KENAI CITY COUNCIL REGULAR MEETING MARCH 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ROLL CALL 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 The following changes were requested: ADD TO: Item D -3, Resolution No 2011 -21 Correction to All- America City Application /Replacement Page 22 of Council Meeting Packet ADD TO: Item H -7e, Report of Kenai Peninsula Borough Assembly Meeting of March 1, 2011 Council Member Bookey MOVED for approval of the agenda with the changes requested by the Mayor. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. Marquis Yes Molloy Yes Boyle Yes Porter No Moore No 1 Gabriel No Bookey No KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Bookey MOVED to approved the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis 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. Skyview Mock Trial Team. /State Champions Requesting Support /National Competition. Brooke Hughes, Skyview Mock Trial Team Commented on the Team's winning the State Mock Trial Competition and moving on to the National Mock Trial Competition in Phoenix, Arizona in May. Hughes gave an overview of the competition and requested a donation toward the travel costs and noted different fundraising efforts being held, including a raffle, donations made and other contacts from whom they were hopeful of receiving donations. MOTION: Council Member Boyle MOVED for the City to donate Member Marquis SECONDED the motion. Council Member Boyle stated funds be taken from. the Legislative budget. Council comments included concern the issue should be better advertised and a suggestion was made to fail the motion and place the issue on the March 16, 2011 council meeting agenda. VOTE: *Student Representative Coffman: No MOTION FAILED. 500 to their cause and Council KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 3 Direction was given to place the issue on the March 16, 2011 council meeting agenda. B -2. Michelle Martin, Kenai Watershed Forum. "Protecting Salmon From Reed Canary Grass Ongoing' Project Funded Through Alaska Sustainable Salmon Fund. Ms. Martin provided an overview of invasive species information which was included in the packet and identified reed canary grass as the biggest threat of invasive species on the Peninsula; noted efforts of the Kenai Watershed Forum to survey and remove the grasses where appropriate; and, reported the Forum had received funding through the Alaska Sustainable Salmon Fund to continue its work to keep Kenai Peninsula waterways free of the grass. Martin noted, the Forum was required to partner with a government entity that would act as a pass through agency and requested the City of Kenai to partner with the Forum in that capacity. City Manager Koch stated City Administration was supportive of the request and recommended Council direct Administration to apply as the pass- through agent; noted there would be little involvement of the City in providing the service; no administrative fees to provide the service were proposed; and, the Forum would work through processes with the Department of Environmental Conservation for use of any herbicides, etc. MOTION: Council Member Gabriel MOVED to accept the grant as a pass through agency in this particular portion of the grant process but revisit it if there is more or another step or another grant process later on to address the herbicide issue. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. ITEM D: D -1. PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons ma.y give their time over to another speaker present, however no single speaker present may speak for rnore than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2538-2011 Amending the Kenai Municipal Code Chapter 4,32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so that Those Construction Fees Can Instead be Set Forth Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey j Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 4 MOTION: in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. Council Member Marquis MOVED to enact Ordinance No. 2538 -2011 and Council Member Gabriel 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 -2. Ordinance No. 2539 -2 011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by S401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2539 -2011 and Council Member Gabriel 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. KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 5 D -3. Resolution No. 2011 -21 In Support of the City of Kenai's 2011 All- America City Award Application and Authorizing the City Manager to Submit the 2011 All America City Award Application on Behalf of the City of Kenai. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -21 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. The floor was opened to public hearing. Christine Cunningham, Assistant to City Manager Ms. Cunningham identified items that may be used as promotional items to take to the All America City competition (if the City's application would be chosen as a finalist) were available for review. There being no others wishing to be heard, the public hearing was closed. Council members thanked Cunningham and members of the working group for their interest and work in developing the application. VOTE: There were no objections. SO ORDERED. D -4. MOTION: Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. Council Member Marquis MOVED for approval of Resolution No. 2011 -22 and requested UNANIMOUS CONSENT. Council Member Moore 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: There were no objections. SO ORDERED. D -5. Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014. MOTION: KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 6 Council Member Marquis MOVED for adoption of Resolution No. 2011 -23 and requested UNANIMOUS CONSENT. Council Member Gabriel 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: There were no objections. SO ORDERED. D -6. *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge #1942, d /b /a Peninsula Moose Lodge #1942/Club (License #2494) Approved by consent agenda. ITEM E: MINUTES E -1. agenda. E -2. agenda. E -3. agenda. ITEM F: ITEM G: G-1. MOTION: VOTE: *Regular Meeting of February 16, 2011 Approved by consent *February 15, 2011 Work Session Notes Approved by consent *February 16, 2011 Work Session Notes Approved by consent UNFINISHED BUSINESS None. BREAK TAKEN: 7:39 P.M. BACK TO ORDER: 7:50 P.M. NEW BUSINESS Ratification of Bills Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 7 G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $15,000. Council Member Marquis SECONDED the motion and, requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -3. Action /Approval Special Use Permit /Buccaneer Alaska Operations, LLC. City Manager Koch gave a brief update, noting the Special Use Permit approval was the last step in order for Buccaneer to proceed with its project; a Conditional Use Permit was approved by the Planning Zoning Commission; the Special Use Permit was provided in lieu of a lease for the un- subdivided area; in the event Buccaneer was successful, there would be a subdivision proposal to accomplish and a long -term lease to negotiate; and, with the approval of the Special Use Permit, Buccaneer's project would proceed within two weeks. MOTION: Council Member Molly MOVED to approve the Special Use Permit for Buccaneer Alaska Operations, LLC. Council Member Marquis SECONDED the motion. Council Member Moore requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -4. Action /Approval Second Amendment to Rental Agreement /Chevron North America Exploration and Production Company Beacon Fire Training Center. MOTION: Council Member Bookey MOVED for approval of the Second Amendment to Rental Agreement with Chevron North America Exploration and Production Company and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 8 G -5. Action /Approval Third Amendment to Facilities Management Agreement /Kenai Visitors and Cultural Center. MOTION: Council Member Bookey MOVED to approve the Third Amendment to Facilities Manage Agreement with the Kenai Visitors and Cultural Center and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed the February 10, 2011 meeting summary which was included in the packet and provided an update of upcoming events at the Senior Center, including the next Council on Aging meeting date and a fundraiser dinner and pie auction information. H -2. Airport Commission Council Member Marquis reviewed the February 10, 2011 meeting summary which was included in the packet and reported the next meeting was scheduled for March 10. H -3. Harbor Commission Council Member Gabriel reported the next meeting would be held on March 7 and requested Clerk Freas to include "Drift Boat Pullout" as a discussion item on the March 16, 2011 City Council meeting agenda. H -4. Library Commission Council Member Marquis reported a meeting was held on March 1 at which the Commission discussed goals and objectives, filtering, and cancelling the April meeting. H -5. Parks Recreation Commission Mayor Porter reported she attended the February 28, 2011 work session and Special Parks Recreation Commission meeting and gave a brief update of the Municipal Park Improvements and noted, the Commission requested additional alternatives be developed with regard to traffic flow. The Commission would meet again in April. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the February 23, 2011 meeting which were included in the packet, and noted a work session was held prior to the meeting regarding outdoor wood burning boilers and added, a second work session was scheduled for March. 23. Molloy also noted Council Member Marquis would act as liaison and attend the March 9 Commission meeting. KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 9 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 85 Visitors Bureau Council Member Bookey reported a meeting was held on February 28 and the next meeting was scheduled for March 28, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils The lay -down report of Assembly Member Smalley was noted. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended a meeting held in Kenai with Senator Murkowski; she participated in a reading program at Mt. View School; she attended the Oilers Gusher; and participated in. the Chamber's Job Shadow Day. ITEM J: ADMINISTRATION REPORTS J -1. City Manager Koch noted the following items: A deferment of duties was finalized for the State plumbing and mechanical inspector which would remove potential conflicts between municipal inspections and State inspections. He and other members of Administration met with FAA to educate FAA representatives of Airport processes, including lease administration, land -use planning, grant assurances, new Master Plan development, etc. Municipal Park Improvement Project estimated cost, consultant information, etc. will be included in the April 7, 2011 Parks 8s Recreation Commission meeting. The budget preparation was ahead of schedule and could be to Council earlier. A petition for a special assessment district was submitted to the Clerk for James Street. He would provide the Council with his required report at the next Council meeting. He would be traveling to Juneau on March 8 and 9 to meet with legislators, etc. to discuss City issues. Referred to comments he made at the Board of Fisheries meeting in Anchorage, a copy of which were included in the packet. A brief conversation took place related to the Municipal Park improvements, including budget for the improvements (whether from the current year budget or not), trail construction (concern existing trails be used /improved prior to adding new trails, and the designs will be before the Parks 8s Recreation Commission first and then to Council within the next six or eight weeks. KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 10 J -2. Attorney No report. J -3. City Clerk City Clerk Freas reminded all of the March 3, 2011 work session related to sprinkler system requirements. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Natasha Ala, Executive Director, Kenai Convention Visitors Center Ala gave a brief report of events taking place and planned for the Center in the next several months. K -2. Council Member Comments Boyle Reminded all he would not be at the March 16, 2011 meeting and did not intend to participate telephonically. Molloy No report. Marquis Reported SB3 (funding for school meals) was passed unanimously by the State Senate. Coffman Gave a brief update of upcoming events at Kenai Central High School, including leadership news, sporting events, Job Shadow Program, and several of the students being accepted to the National Honor Choir. Bookey Thanked those who provided testimony and gave presentations, and reminded all of the Peter Pan presentation and the upcoming St. Baldrick event. Gabriel Thanked those who attended and provided testimony and reported he attended the Board of Fisheries meeting as well and was disappointed there were no follow -up questions from the Board after presentations had been made. Moore No comments. EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2537-2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the city of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. (Clerk's Note: KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 11 Ordinance No. 2537 -2011 was postponed at the February 16, 2011 Council meeting with direction to return the ordinance to the Planning Zoning Commission for further review and consideration. Upon its return to Council, the ordinance will receive an additional public hearing.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:30 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 shall be recorded in the minutes. A student representative may not move or second items during a council meeting. APPROVED BY COMM IZATE TY