HomeMy WebLinkAbout2011-04-06 Council MinutesITEM A: CALL TO ORDER
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
APRIL 6, 2011
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /www.ci.kcnai.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.)
*A11 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. Teens Against Tobacco Use (TATU) Dangers of Secondhand Smoke
2. Courtney Stroh "Caring for the Kenai" Project /Beach Cleaning After
Dipnet Fishery.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons
may give their time over to another speaker present, however no single speaker
present may speak for more than 30 minutes combined on their own and on others'
behalf)
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: At the February 16, 2011 council meeting, Ordinance No.
2537-2011 was postponed for referral to the Planning Zoning
Commission for further review and consideration, after which it would be
returned to Council for an additional public hearing. A motion to enact
Ordinance No. 2537 -2011 is active.)
a. Ordinance No. 2537 -2011 (Substitute) 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.
2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and
Appropriations by $2,537.49 in the General Fund Police Department
for State Traffic Grant Overtime Reimbursements From the State of
Alaska..
3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and
Appropriations by $6,1 18.50 in the General Fund Police Department
for State Bureau of Highway Patrol Grant Funds.
4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and
Appropriations by S3,519.20 in the General Fund Police Department
for Sexual Assault Response Team Examination (SART Exam)
Reimbursements From the State of Alaska.
5. Ordinance No. 2543 -2011 Increasing Estimated Revenues and
Appropriations by $30,000 in the Municipal Park Playground Expansion
Capital Project Fund to Complete Engineering and Design Work for the
Expansion.
6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and
Appropriations by $60,000 in the Cemetery Improvements Capital Project
Fund.
a. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated
Revenues and Appropriations by 530,000 in the Cemetery
Improvements Capital Project Fund.
7. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development
Requirements Tables," of the Kenai Municipal Code to Change the
Setback Requirements on Properties Within the Airport Perimeter Fence
and Making Technical Corrections.
8. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17,
Urging the United States Congress to Pass Legislation Ensuring State
Primacy Over the Regulation of Drinking Water and Wastewater
Treatment.
9. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would
End Requirements for Termination Studies in Limited Circumstances.
10. Resolution No. 2011 -28 Awarding a Contract to North Star Paving
and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver
Loop Water Main Extension 2011," for the Total Amount of 5988,615.00.
11. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF
LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskaianes Bowling
Center (Recreational. Site, License No. 3209)
12. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF
LIQUOR LICENSE L 8r, M Ventures, Inc., d /b /a Little Ski Mo Drive Inn
(License #1774)
ITEM E: MINUTES
1. *Regular Meeting of March 16, 2011.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding 15,000
3. Ordinance No. 2546 -2011 Amending KMC 14.22.010, Land Use
Table, to Make Comprehensive Changes to the Uses Allowed in the Rural
Residential RR -1 Zoning District, Including Changing Many "Conditional
Uses" to Uses "Not Permitted," and Providing for Certain "Conditional
Uses" for Properties Along the Kenai Spur Highway Within the RR -1
Zone.
4. *Ordinance No. 2547 -2011 Increasing Estimated Revenues and
Appropriations in the Airport and Airport Equipment Capital Project
Funds for the Purchase of Snow Removal Equipment, Phase 1.
5. *Ordinance No. 2548 -2011 Increasing Estimated Revenues and
Appropriations in the Airport and Airport Improvement Capital Project
Fund to Conduct a Wildlife Hazard Assessment.
6. *Ordinance No. 2549 -2011 Increasing Estimated Revenues and
Appropriations by $945,000 in the Wellhouse 4 Capital Project Funds for
a State of Alaska Municipal Matching Grant for the Construction of a
Water Treatment Facility, Drilling of a New Water Production Well, and
Completion of the Intertie to the City's Water Distribution System.
7. *Ordinance No. 2550 -2011 Increasing Estimated Revenues and
Appropriations by $407,374 in the Water Sewer Special Revenue Fund
and By $2,477,374 in the Wellhouse 4 Capital Project Funds for a State
of Alaska Municipal Matching Grant for the Construction of a Water
Treatment Facility and Drilling of a New Water Production Well.
8. *Ordinance No. 2551 -2011 Increasing Estimated Revenues and
Appropriations by $175,000 in the Bridge Access Water Sewer Capital
Project Fund, 593,714 in the Water Sewer Special Revenue Fund, and
by 5895,714 in the Wellhouse 4 Capital Project Funds for a State of
Alaska Municipal Matching Grant for the Construction of a Water
Treatment Facility and Drilling of a New Water Production Well.
9. *Ordinance No. 2552 -2011 Increasing Estimated Revenues and
Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for
a U.S. Environmental Protection Agency (EPA) State and Tribal
Assistance Grant (STAG) Received to Complete the Intertie Between the
Soon -to -Be Constructed Water Treatment Facility and the City's Water
Transmission System.
10. Discussion Joint Work Session with Kenai Peninsula Borough
Assembly /Administration and City of Soldotna Council /Administration.
11. Discussion Request to Purchase /From Ma Pa Alaskan Treasures,
Inc. Lot 2, Block 1, Gusty Subdivision.
12. Discussion Schedule Additional Budget Work Sessions
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 rninutes per speaker)
2. Council Member Comments
EXECUTIVE SESSION None Scheduled
ITEM L:
ITEM M:
PENDING LEGISLATION (This item lists legislation which will he
addressed at a later date as noted.)
ADJOURNMENT
Robert Molloy
1 Mike Boyle, Vice Mayor
Pat Porter, Mayor
(telephonic)
Joe Moore
Brian Gabriel
Terry Bookey
Ryan Marquis
ITEM A: CALL TO ORDER
KENAI CITY COUNCIL REGULAR MEETING
APRIL 6, 2011
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /www.ci.kenai.ak.us
VICE MAYOR MIKE BOYLE, PRESIDING
MINUTES
Vice Mayor Boyle 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
Vice Mayor Boyle led those assembled in the Pledge of Allegiance.
A -2.
ROLL CALL
The City Clerk took roll. Present were:
A quorum was present.
Also present: Student Representative Hannah Coffman
A -3. AGENDA APPROVAL
The following changes were requested:
ADD TO:
Item D -1, Ordinance No. 2537 -2011 and Substitute
March 10, 2011 M. Kebschull memo identifying recommended
amendments to the ordinance of the Planning Zoning
Commission.
REPLACE
PAGES: Item G -3, Ordinance No. 2546 -2011
Packet page 94 (Page 1 of 5 of Attachment A Correction:
Townhouses RR1, C
Packet page 98 (Page 5 of 5, Attachment A Correction:
...275 feet)
ADD TO: Item G -3, Ordinance No. 2546 -2011 Email transmissions
In support of the ordinance from:
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 2
ADD TO:
MOTION:
VOTE:
There were no objections. SO ORDERED.
VOTE:
There were no objections. SO ORDERED.
Georgia Poynor
Gloria Wik
Norman E. Fahnholz
Debby J. Fahnholz
Item H -7(e), Report of Kenai Peninsula Borough Assembly
Assembly Member Smalley report of April 5, 2011 Assembly
meeting.
Council Member Molloy MOVED for approval of the agenda with the request additions
and changes to the packet and requested UNANIMOUS CONSENT. Council Member
Bookey SECONDED the motion.
A -4. CONSENT AGENDA
MOTION:
Council Member Bookey MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion.
ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes
per speaker)
B -1. Teens Against Tobacco Use (TATU) Dangers of Secondhand Smoke
Emily Evans, 308 James Street, Kenai and Hannah Coffman, 46861 Mooseberry,
Kenai Provided a presentation expressing the dangers of secondhand smoke,
including interviews and scientific information.
B -2. Courtney Stroh "Caring for the Kenai" Project /Beach Cleaning After
Dipnet Fishery.
Courtney Stroh, Kenai Offered her "Caring for the Kenai" presentation entitled,
"ROC the Kenai" Plan (Respect our Community) which focused on:
Problems caused from the dip netting fishery, i.e. fish waste, fecal
coliform.
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 3
Implementation of her "ROC the Kenai Plan" including providing
awareness brochure, dumpsters for fish waste disposal, an a continuous video loop
related to disposal of waste at pay booths.
Requested funding assistance from the City through suggested grant for
publishing of the brochure.
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
Jim Butler, 1711 Kaknu Way, Kenai Thanked Council for sending a representative
to attend the North Pacific Fisheries Management Council to discuss concerns also
expressed to the Alaska Board of Fisheries related to sound fishery management
practices and encouraged taking an aggressive approach through education, creating
a record, and the need to change the culture of the State.
Colleen Ward, 708 Magic Avenue, Kenai Spoke in support of the introduction of
Ordinance No. 2456 -2011; felt the neighborhood was morphing into something not as
envisioned; and, requested Council's support.
Patricia Falkenberg, 399 McCollum Drive, Kenai Spoke in support of the
introduction of Ordinance No. 2456 -2011; requested support of the introduction of the
ordinance; and, reported the neighborhood was acquiring signatures on a petition
related to the ordinance.
Alan Poynor, 4560 Wolfe Street, Kenai Spoke in support of Ordinance No. 2546-
2011; explained they were requesting a full definition and codification of what their
covenants said when the subdivision was designed; and, all his neighbors were in
favor of the ordinance.
Janine Espy, 403 McCollum Drive, Kenai Spoke in support of the introduction of
Ordinance No. 2546 -2011, encouraged Council to read through the material provided
in the packet, and the property owners wanted to keep the neighborhood as it was first
proposed in 1988.
Walt Ward, 708 Magic Avenue, Kenai Spoke in support of the introduction of
Ordinance No. 2546 -2011; thanked Council Member Molloy for his assistance;
encouraged Council to review the information in the packet; the residents of the MAPS
area liked the low density, low traffic and low noise of their neighborhood; and, urged
support of the ordinance.
Liz Leduc, 530 Wortham Street, Kenai Stated her support of the introduction of
Ordinance No. 2546 -2011 and noted, the preserving of the 3W Subdivision was
important to new residents as well.
Mark Schrag, 312 Princess Lane, Kenai Spoke in support of the introduction of
Ordinance No. 2546 -2011 and also requested Council to direct the City Manager to
begin the process of vacating a portion of Magic Avenue as discussed previously.
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 4
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.)
D -1.
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: At the February 16, 2011 council meeting, Ordinance No.
2537 -2011 was postponed for referral to the Planning Zoning
Commission for further review and consideration, after which it would he
returned to Council for an additional public hearing. A motion to enact
Ordinance No. 2537 -2011 is active.)
The floor was opened to public hearing.
Sara Souders, 103 Oak Avenue, Kenai Spoke in support of Ordinance No. 2537-
2011, noting she believed it was livable and it now included technical items discussed.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Council Member Moore MOVED to substitute with Ordinance No. 2537 -2011, the
substitute and requested UNANIMOUS CONSENT. Council Member Marquis
SECONDED the motion.
It was clarified Ms. Souders was speaking to the substitute ordinance.
D -la.
VOTE ON AMENDMENT:
Ordinance No. 2537 -2011 (Substitute) 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.
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Yes
Gabriel
Yes
Bookey
Yes
Marquis
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 5
VOTE ON MAIN MOTION AS AMENDED:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -2. Ordinance No. 2540 -2011 Increasing Estimated Revenues and
Appropriations by 82,537.49 in the General Fund Police Department
for State Traffic Grant Overtime Reimbursements From the State of
Alaska.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2540 -2011 and 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:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -3. Ordinance No. 2541 -2011 Increasing Estimated Revenues and
Appropriations by S6,118.50 in the General Fund Police Department
for State Bureau of Highway Patrol Grant Funds.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2541 -2011 and 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.
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
Marquis
Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 6
VOTE:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -4. Ordinance No. 2542 -2011 Increasing Estimated Revenues and
Appropriations by 53,519.20 in the General Fund Police Department
for Sexual Assault Response Team Examination (SART Exam)
Reimbursements From the State of Alaska.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2542 -2011 and 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:
*Student Representative Coffman.: Yes
MOTION PASSED UNANIMOUSLY.
D -5. Ordinance No. 2543 -2011 Increasing Estimated Revenues and
Appropriations by $30,000 in the Municipal Park Playground Expansion
Capital Project Fund to Complete Engineering and Design Work for the
Expansion.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2543 -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. Council comments included:
Molloy
No
Boyle
No
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 7
Funding was included in the current budget for a conceptual design;
these funds would be used to purchase a detailed design; and, the work was expected
to be done within 60 -90 days.
Concern with the increase in health care costs, etc. and suggested the
issue be discussed during the budget process for FY12.
Health care costs would be covered through the FY12 budget and
Administration would not be relying on these funds to put toward health care costs.
VOTE:
*Student Representative Coffman: Yes
MOTION PASSED.
D -6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and
Appropriations by $60,000 in the Cemetery Improvements Capital Project
Fund.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2544 -2011 and Council
Member Moore SECONDED the motion.
D -6a. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated
Revenues and Appropriations by $30,000 in the Cemetery Improvements
Capital Project Fund.
MOTION TO AMEND:
Council Member Marquis MOVED to amend the main motion with Ordinance No.
2544 -2011, the substitute. Council Member Bookey SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. Council comments included:
Interest in revisiting the initial funding request.
Funds would be available to do the locations, mapping, etc.
Funds were included in the FY12 draft budget for walkways and
columbarium.
VOTE ON AMENDMENT:
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
Molloy
Yes
Bo le
Yes
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 8
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
VOTE MAIN MOTION AS AMENDED:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -7. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development
Requirements Tables," of the Kenai Municipal Code to Change the
Setback Requirements on Properties Within the Airport Perimeter Fence
and Making Technical Corrections.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2545 -2011 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.
Marilyn Kebschull, City Planner Noted the following:
Historical information included in her memorandum which was a part of
the packet.
The proposed amendment would provide an exception to side setbacks
for airport parcels contained in the airport perimeter fence.
The proposed amendment would provide greater development of airport
properties that were already restricted by the Airport Building Restriction Line,
building, and fire codes.
The Airport Commission reviewed the issue and unanimously
recommended the proposed amendment
The Planning Zoning Commission held a public hearing on March 9
and unanimously recommended Council amend the Land Use Table to provide for the
exception.
The Commissions would probably be considering some exceptions to
relax codes for structures on the airport for development of T- hangars, etc.
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
No
Gabriel
No
Bookey
Yes
Marquis
Yes
Molloy
Yes
Boyle Yes
Porter
Yes
Moore
Yes
Gabriel Yes
Bookey
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 9
VOTE:
*Student Representative Coffman. Yes
MOTION PASSED UNANIMOUSLY.
BREAK TAKEN: 8:18 P.M.
BACK TO ORDER: 8:26 P.M.
D -8. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17,
Urging the United States Congress to Pass Legislation Ensuring State
Primacy Over the Regulation of Drinking Water and Wastewater
Treatment.
MOTION:
Council Member Molloy MOVED for adoption of Resolution No. 2011 -26 and Council
Member Marquis SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. Council and Administration comments included:
Review of the information included in the packet.
Concern the last whereas made assumptions.
MOTION TO AMEND:
Council Member Marquis MOVED to amend the resolution by removing the entire last
whereas and Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT:
*Student Representative Coffman: Yes
MOTION PASSED.
VOTE ON MAIN MOTION AS AMENDED:
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
Molloy Yes
Boy e
Yes
Porter
Yes 1
Moore 1 Yes
Gabriel
Yes
Bookey
Yes y
Marquis 1 Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 10
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -9. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would.
End Requirements for Termination Studies in Limited Circumstances.
MOTION:
Council Member Molloy MOVED for adoption of Resolution No. 2011 -27 and Council
Member Gabriel SECONDED the motion.
The floor was opened to public hearing.
Larry Semmens, City Manager, City of Soldotna Stated his concern the impact of
the termination studies were having on small municipalities; reported the City of
Soldotna would have a similar resolution; he expected the Borough Assembly would
consider a similar resolution; eliminating the termination study requirement would
eliminate the liability; the state exempted itself from the requirement; and, spoke in
support of the resolution.
With no others wishing to speak, the public hearing was closed. A general discussion
followed with comments including:
If not eliminated, Administration would encourage contracting out
services and not hiring personnel through grant funds.
VOTE:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -10. Resolution No. 2011 -28 Awarding a Contract to North Star Paving
and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver
Loop Water Main Extension 2011," for the Total Amount of 5988,615.00.
MOTION:
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 11
Council Member Moore MOVED for approval of Resolution No. 2011 -28 and requested
UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
Administration noted the project was expected to be completed by September 15,
2011.
VOTE:
There were no objections. SO ORDERED.
D -11.
MOTION:
Council Member Marquis MOVED to withdraw the objection to continued operation of
liquor license for Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center and requested
UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
VOTE:
WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF
LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling
Center (Recreational Site, License No. 3209)
There were no objections. SO ORDERED.
D -12. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF
LIQUOR LICENSE L 85M Ventures, Inc., d /b /a Little Ski Mo Drive Inn
(License #1774)
MOTION:
Council Member Marquis MOVED to withdraw the objection to continued operation of
liquor license for L 8, M Ventures, Inc., d /b /a Little Ski Mo Drive Inn and requested
UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
ITEM E: MINUTES
E -1. *Regular Meeting of March 16, 2011 Approved by consent agenda.
ITEM F: UNFINISHED BUSINESS None.
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 12
ITEM G: NEW BUSINESS
G -1. Ratification of Bills
MOTION:
Council Member Marquis MOVED to ratify the bills and requested UNANIMOUS
CONSENT. Council Member Moore SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
G -2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Marquis MOVED for approval of the purchase orders exceeding
15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED
the motion.
VOTE:
There were no objections. SO ORDERED.
G -3.
Ordinance No. 2546 -2011 Amending KMC 14.22.010, Land Use
Table, to Make Comprehensive Changes to the Uses Allowed in the Rural
Residential RR -1 Zoning District, Including Changing Many "Conditional
Uses" to Uses "Not Permitted," and Providing for Certain. "Conditional
Uses" for Properties Along the Kenai Spur Highway Within the RR -1
Zone.
MOTION TO INTRODUCE:
Council Member Molloy MOVED for the introduction of Ordinance No. 2546 -2011 with
the two lay -down replacement pages and Council Member Marquis SECONDED the
motion.
A lengthy Council discussion followed with comments including:
Thanks to members of the public who spoke, thanked the work done by
the residents as well as the City Manger, Planning Department, etc.
Two clerical errors were found on page 1 of Attachment A and Page 5 of
Attachment A which were corrected in the lay down replacement pages.
The amendments to the Land Use Table would affect only the MAPS area
and 3W Subdivision.
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 13
If introduced, a motion would be made to refer the ordinance to the
Planning Zoning Commission for a work session and public hearing before returning
the ordinance to the City Council for consideration.
The timeline would include an April 27 work session at the Commission,
included on the Commission's agenda as a New Business item at its April 27 meeting;
a Commission public hearing on May 11; and, returned to Council for its May 18,
2011 meeting.
The ordinance was coming from the residents of the neighborhood who
recognize the Comprehensive Plan update process was beginning; the public was told
the Comprehensive Plan Update could take up to two years before it was completed; it
had been seven months since the neighborhood came to Council; and, did not think
the residents needed to wait up to two years to bring an ordinance forward.
Did not think issues should be put on hold and wait for the completion
of the Comprehensive Plan liked the fact the neighborhood was working with elected
officials, and felt it could empower the Comprehensive Plan process.
Felt it was poor timing; it was a significant ordinance and felt the
timeline was too short for bringing the ordinance back to Council; believed more time
should be provided for the process; felt there was a lack of notification of the
landowners; and, questioned whether the public process was being followed.
Provisions in the Zoning Code allow for an ordinance to be introduced by
Council Members first and then proceed from there in accordance with the Rules of
Procedure.
buildings.
Other ordinances have started from a member of Council, i.e. burned -out
If the Commission needs additional time, Council could address the
request for additional time when the ordinance was returned for the May 18, 2011
Council meeting.
The neighborhood organized the meetings held related to the rezone
ordinance development; Council Member Molloy attended two meetings; and, because
it was a resident -run process, the meetings were not required to be advertised as they
would have if they were City meetings.
Concern the process was "behind the scenes."
Disagreement with comment with regard to the process: residents may
engage with elected officials and felt it was the elected officials' duty to participate.
Appreciated the testimony and effort of the residents but was concerned
it was a special zoning district and felt the ordinance needed the Commission's
process and perhaps the Comprehensive Plan process.
Vice Mayor Boyle passed the gavel to Council Member Marquis and stated he felt there
was nothing incorrect with citizens requesting assistance from a council member; the
ordinance was going through the process; and, did not see anything inappropriate.
The gavel was returned to Vice Mayor Boyle.
Discussion continued with comments including:
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 14
Felt the ordinance being brought to Council and introduced was
inappropriate; the issue should be sent to the Commission for consideration, not as an
introduced ordinance; and, the Commission should be allowed to address the issue on
its schedule.
Clarification this would not be a rezone, but was a modification of the
Land Use Table. For a rezone, all affected property owners would be notified within
300 feet of the proposed rezone area.
This would not be a rezone or creation of a special zoning district and
would not apply to any other area except the 3W and MAPS neighborhoods.
Question of whether all property owners would be notified and was
answered by the City Manager who noted property owners would not be notified
individually as it was not required by Code, but notification would be by the normal
process, i.e. in the newspaper and on the City's website.
MOTION TO AMEND:
Council Member Bookey MOVED to amend the motion to require cards be sent to all
property owners within the RR zoning districts to notify them of the proposed public
hearing process for this particular ordinance. Council Member Moore SECONDED the
motion.
Comments on the motion included:
Caution to Council of taking action on the introduction without proper
notice to all the property owners.
No objection to notifying the property owners and if Council introduced
the ordinance at this meeting, it would not be doing anything improper.
Clarification of Attorney identified the motion would be in order to amend by
introduction and send notification to the property owners.
MOTION TO AMEND (CLARIFIED):
Council Member Bookey restated his motion as: MOVED to amend the main motion
by introduction and sending notification to the property owners. Council Member
Moore declined to second the restated amendment. Council Member Marquis
SECONDED the motion.
VOTE ON AMENDMENT:
*Student Representative Coffman. Yes
MOTION PASSED UNANIMOUSLY.
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Gabriel
Yes
Bookey
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
No
Gabriel
Yes
Bookey
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 15
VOTE ON MAIN MOTION AS AMENDED:
*Student Representative Coffman: Yes
MOTION PASSED.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone the public hearing on Ordinance No.
2546 -2011 until the May 18, 2011 council meeting and to refer this ordinance to the
Planning Zoning Commission with direction to hold a work session and public
hearing on this ordinance and return the ordinance to Council prior to May 18 with
the Commission's recommendations. Council Member Bookey SECONDED the
motion.
VOTE ON MOTION TO POSTPONE:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
G -4.
*Ordinance No. 2547 -2011 Increasing Estimated Revenues and
Appropriations in the Airport and Airport Equipment Capital Project
Funds for the Purchase of Snow Removal Equipment, Phase 1.
Introduced by consent agenda approval.
G -5. *Ordinance No. 2548 -2011 Increasing Estimated Revenues and
Appropriations in the Airport and Airport Improvement Capital Project
Fund to Conduct a Wildlife Hazard Assessment.
Introduced by consent agenda approval.
G -6. *Ordinance No. 2549 -2011 Increasing Estimated Revenues and
Appropriations by S945,000 in the Wellhouse 4 Capital Project Funds for
a State of Alaska Municipal Matching Grant for the Construction of a
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 16
Water Treatment Facility, Drilling of a New Water Production Well, and
Completion of the Intertie to the City's Water Distribution System.
Introduced by consent agenda approval.
G -7. *Ordinance No. 2550 -2011 Increasing Estimated Revenues and
Appropriations by $407,374 in the Water Sewer Special Revenue Fund
and By 52,477,374 in the Wellhouse 4 Capital Project Funds for a State
of Alaska Municipal Matching Grant for the Construction of a Water
Treatment Facility and Drilling of a New Water Production Well.
Introduced by consent agenda approval.
G -8. *Ordinance No. 2551 -2011 Increasing Estimated Revenues and
Appropriations by S175,000 in the Bridge Access Water Sewer Capital
Project Fund, S93,714 in the Water Sewer Special Revenue Fund, and
by $895,714 in the Wellhouse 4 Capital Project Funds for a State of
Alaska Municipal Matching Grant for the Construction of a Water
Treatment Facility and Drilling of a New Water Production Well.
Introduced by consent agenda approval.
G -9.
*Ordinance No. 2552 -2011 Increasing Estimated Revenues and
Appropriations by 5288,000 in the Wellhouse 4 Capital Project Funds for
a U.S. Environmental Protection Agency (EPA) State and Tribal
Assistance Grant (STAG) Received to Complete the Intertie Between the
Soon -to -Be Constructed Water Treatment Facility and the City's Water
Transmission System.
Introduced by consent agenda approval.
G -10. Discussion Joint Work Session with Kenai Peninsula Borough
Assembly /Administration and City of Soldotna Council /Administration.
Council Member Marquis reported an invitation had been forwarded to the Borough
and City of Soldotna last summer to hold a joint work session. Comments back were
that it would be better to wait until after the local elections in October. Marquis stated
his interest in resending an invitation to discuss common concerns and mutual
interests. Suggestions were offered as water /sewer issues, commercial fisheries and
other fisheries, etc.
The City Clerk was directed to forward a letter of invitation to the Borough and City of
Soldotna to meet in a joint work session after July.
G -11. Discussion Request to Purchase /From Ma Pa Alaskan Treasures,
Inc. Lot 2, Block 1, Gusty Subdivision.
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 17
City Manager Koch referred to information included in the packet and explained a
request had been received from Ma Pa Alaskan Treasures, Inc. to purchase its
currently leased property, i.e. Lot 2, Block 1, Gusty Subdivision. Updated information
included:
The City had received clarification from Wince Corthell- Bryson the
subject property was located outside the Runway Protection Zone of the airport.
The FAA reported it had no opposition to the sale of the property.
The Airport Commission discussed the issue at its February 10, 2011
meeting and recommended support of the sale.
Koch stated his recommendation the sale of the property to the Lessee move forward,
subject to certain restrictions contained in the Deed of Release and recommended by
the Airport Commission, i.e. the sale would not be detrimental to the future expansion
of the Airport and recommendations of height and noise restrictions as well as aviation
easements.
Discussion followed with comments including:
A difficult circumstance and has some concerns: different action than
discussed during the 2005/2006 comprehensive review of the airport code and Master
Plan.
differently.
Suggestion other items would need to be addressed and the airport
boundary line may need to be redrawn.
The Airport Reserve Boundary would not need to be redrawn; other
properties within the Airport Reserve were owned by someone other than the City;
and, some leased areas within the airport could be purchased.
When the Code was changed from allowing the purchase to not allowing
purchase, there was no notification to the leaseholders of the change.
The City gave its word and it needed to stand beside it and supported the
sale.
MOTION:
Council Member Moore MOVED to direct Administration to bring back, at no time
certain, details of the sale of property to Ma Pa Alaskan Treasures, Inc. Council
Member Gabriel SECONDED the motion.
City Attorney Stearns explained, Code required property sales be done through an
ordinance. Attorney Stearns was requested to review the boundary line information to
be sure there would be no conflict to that regard.
VOTE:
If the sale would take place, it may be difficult to treat other lessees
Agreement to move forward with the sale.
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 18
Council Member Moore requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
G -12. Discussion Schedule Additional Budget Work Sessions
Though no additional dates were scheduled, Clerk was requested to include the topic
on the April 20, 2011 meeting.
ITEM H: COMMISSION /COMMITTEE REPORTS
H -1. Council on Aging Vice Mayor Boyle reported the next meeting was
scheduled to be held April 14, 2011.
11-2. Airport Commission Council Member Marquis reported the next
meeting was scheduled to be held April 14, 2011.
Harbor Commission Council Member Gabriel reported the next
meeting was scheduled to be held Monday, April 11, 2011.
Library Commission Council Member Marquis reported the next
meeting was scheduled to be held on Tuesday, May 7, 2011.
H -5. Parks Recreation Commission Council Member Moore reported the
next meeting would be held on Thursday, April 7.
H -6. Planning Zoning Commission Council Member Molloy reviewed the
minutes of the March 23, 2011 meeting which were included in the packet and
reported on the Commission's work session related to outdoor wood burning boilers.
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 Council Member Bookey
reported the next meeting was scheduled to be held on April 25, 2011.
H -7e. Reports of KPB Assembly, Legislators and Councils The April 5,
2011 meeting report of Assembly Member Smalley was added to the packet at the
beginning of the meeting.
ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended
an Ocean Renewable presentation; Wildwood Prison's Re -Entry Program presentation;
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 19
delivered Meals on Wheels; attended a Buy Alaska meeting with presentation from
Mark Hamilton; and, identified a new business in Kenai as Aurora Galleries.
ITEM J: ADMINISTRATION REPORTS
J -1. City Manager City Manager Koch reported the following items:
Reviewed the James Street Special Assessment District report which was
included in the packet and suggested that Council direct or agree for him to contact
the property owners and ask them to consider to petition for a paved roadway instead
of standard gravel; with the City paying for a portion of the cost, the improvement
should be done in the best way; it was a small project; if the property owners did not
want to consider paving, he would probably recommend to Council it not do the
improvement.
Council Member Marquis noted similarities with the subdivision, street name, and
location of the subdivision he wanted to declare he had no financial interest in the
street upgrade, etc. Vice Mayor Boyle stated he agreed there was no conflict of
interest.
Koch stated he would contact the property owners and ask if they would consider
paving the street instead of the standard gravel upgrade.
The budget would be available on Friday.
The City was named as a finalist in the All- America City competition.
There was funding in the FY12 draft budget to replace the lighting
system in the Portlock /Walker Lane area.
The vehicle purchase from a dealer in Homer was through a competitive
process
J -2. Attorney No report
J -3. City Clerk No report
ITEM K: ADDITIONAL PUBLIC COMMENT
K -1. Citizen Comments (Public comment limited to 5 minutes per speaker)
Mark Schrag, 312 Princess Lane, Kenai Referring to the Ordinance No. 2546-2011
discussion, noted the neighborhood contacted all the property owners; the work was
upfront; believed it was better to get the zone back to what it was intended; and, noted
past concerns with previous requests for MAPS rezone.
Robert Loveall, 11472 Kenai Spur Highway, Suite 1, Kenai Thanked the Council
and Administration for assistance in bringing the possible sale of the Ma Pa Alaskan
Treasures, Inc. leased property back for consideration.
K -2. Council Member Comments
KENAI CITY COUNCIL MEETING
APRIL 6, 2011
PAGE 20
Moore No comments.
Gabriel Thanked the evenings speakers and reported he enjoyed the Meals on
Wheels fundraiser dinner and pie auction.
Bookey Thanked the evening's speakers; reported he also enjoyed the Meals on
Wheels fundraiser; and., assisted in moving some of the items at the library garage sale
and found the process to be very efficient.
Coffman Reported on activities at Kenai Central High School including testing,
school play, spirit month, and prom.
Marquis Reported a fundraiser for the Boys Girls Club would be held.
Molloy Thanked the schedu.l.ed public comment presenters, unscheduled
comments, and the listeners who attended the meeting both in person and through
the meeting webcast.
Boyle No comments.
EXECUTIVE SESSION None Scheduled
ITEM L:
ITEM M:
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at approximately 10:45 p.m.
Minutes submitted by:
Carol L. Freas, City Clerk
PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
*The student may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast in rotation with the official Council vote
however advisory votes shall not affect the outcome of the official Council vote. Advisory
votes shall be recorded in the minutes. A student representative may not move or
second items during a council meeting.
OV BY COUNCIL