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HomeMy WebLinkAbout2011-05-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kcnai.ak.us ITEM A: CALL TO ORDER 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 comment limited to 10 minutes per speaker) Kathryn Knackstedt -- "Caring for the Kenai" Project Presentation / "Keep Your (Cigarette) Butts Away from Water and Trails." 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.) 1. Ordinance No. 2553 -2011 -- Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the Sale of Lot 2, Block 1, Gusty Subdivision to the Current Lessee, Ma & Pa Alaskan Treasures, Inc.; and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose. 2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. (Clerk's Note: At April 20, 2011 Council meeting, Resolution No. 2011 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011 -29, as amended, is active.) 3. Resolution No. 2011 -32 -- Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund- Wastewater Treatment Plant Department. 4. Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric & Engineering, Inc., for LED Streetlight Installation 2011 for the Total Amount of $27,522.68. 5. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. 6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY11 Rate of $15.00 Per 12 -Hour Period for Parking and $15.00 Per Overnight Camping to 520.00 for Each. 7. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub - Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). 8. Resolution No. 2011 -37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. ITEM E: MINUTES 1. *Regular Meeting of April 20, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515,000 3. *Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 4. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 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. 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. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and Council will consider the ordinance.) ITEM M: ADJOURNMENT ITEM A: KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING CALL TO ORDER 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 -2. ROLL CALL The City Clerk took roll. Present were: Pat Porter, Mayor Joe Moore Brian G abriel Terry Bookey Ryan Marquis (telephonic) Robert Molloy (telephonicL 1 Mike Boyle A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: D -2, Resolution No. 2011 -29 -- City of Kenai Ambulance Collection Policy Development Timeline with attachments including Resolution No. 2011 -06 and memorandum of explanation. ADD AS: G -5, Discussion -- Anadromous Streams ADD TO: G7e, Kenai Peninsula Borough Assembly Report -- Assembly Member Smalley's May 3, 2011 Assembly meeting report. MOTION: Council Member Moore MOVED for approval of the agenda with the changes and additions identified and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 13: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 13-1. Kathryn Knackstedt -- "Caring for the Kenai" Project Presentation / "Keep Your (Cigarette) Butts Away from Water and Trails." Kathryn Knackstedt, 1602 Barabara Drive, Kenai -- Ms. Knackstedt reported she won fifth place in the 2011 "Caring for the Kenai" competition and presented her program, "Keep Your (Cigarette) Butts Away from Water and Trails." She requested the City assist in educating the public with signage at the dock, public boat launch, boardwalk, Waste Water Treatment Plant, parking areas, etc. She added, she would provide the signs if the City provided the posts and labor to place the signs. Council stated no objection in the City providing assistance as requested and Knackstedt was instructed to contact city administration to arrange for the signing. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Ken Tarbox, P.O. Box 3507, Soldotna -- Mr. Tarbox discussed the upcoming Kenai Birding Festival and invited all to participate in the many events that would be taking place. ITEM D: D -1. PUBLIC HEARINGS (Testimony (united 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. 2553 -2011 -- Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(b) With Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located Within the Airport Reserve; Authorizing the Sale of Lot 2, Block 1, Gusty KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 3 Subdivision to the Current Lessee, Ma 86 Pa Alaskan Treasures, Inc.; and Determining That Lot 2, Block 1, Gusty Subdivision is Not Needed for a Public Purpose. MOTION: Council Member Bookey MOVED for approval of Ordinance No. 2553 -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. Council comments included: • Concern the Airport Reserve was developed for a purpose; felt taking this action would set a precedent; did not believe removing properties from the Reserve was a good precedent to set; and, would not support. VOTE: *Student Representative Coffman: Yes Porter Yes I Moore 1 Yes 1 Gabriel ; Yes Bookey ' Yes ' Marquis 1 Yes ' Molloy No Boyle No MOTION PASSED. D -2. Resolution No. 2011 -29 -- Awarding a Contract to Professional Credit Service to Perform Collection Services for the City of Kenai on Delinquent Ambulance Bills. (Clerk's Note: At April 20, 2011 Council meeting, Resolution No. 2011 -29 was amended and subsequently postponed (in order for the contract to be reviewed by Council) to the May 4, 2011 Council meeting. The motion to approve Resolution No. 2011 -29, as amended, is active.) The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Reference to the handout showing dates /milestones of the process in the discussions related to beginning collecting delinquent ambulance bills. • Would not support as did not realize legal action would be used to collect the delinquencies. • Would support as the City would provide Charity Care Policy. • Would support because there were safeguards built in for low income persons /families. The issue before Council at this point was the contract and felt that if the contract was voted down, it would be an act of bad faith. KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 4 Council was discussing the contract, not the policy; it was a responsibility of Council to watch out for City funds; and, believed fees should be collected for services rendered. VOTE: *Student Representative Coffman: Yes Porter Bookey Boyle Yes No Moore Yes Gabriel Yes Marquis Yes Molloy Yes MOTION PASSED. D -3. Resolution No. 2011 -32 -- Authorizing a Budget Transfer of $8,000 Within the Water and Sewer Special Revenue Fund - Wastewater Treatment Plant Department. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -32 and requested UNANIMOUS CONSENT. 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: There were no objections. SO ORDERED. D -4. MOTION: Resolution No. 2011 -33 -- Awarding the Bid to Big G Electric Engineering, Inc., for LED Streetlight Installation 2011 . for the Total Amount of 527,522.68. Council Member Bookey MOVED for approval of Resolution No. 201. 1 -33 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. Council Member Gabriel disclosed his brother was the owner of Big G Electric and he had no financial relationship with the company since the 1990's. Mayor Porter stated she would allow Council Member Gabriel to vote on the issue. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no other Council comments. VOTE: KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 5 There were no objections. SO ORDERED. D -5. Resolution No. 2011 -34 -- Authorizing the City Manager to Enter Into a Corporate Service Agreement for the Kenai Municipal Airport. MOTION: ' ' MOVED for approval of Resolution No. 2011-34 and Council Member Booney MO D pp-�- requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. It was reported the FAA was requiring a Wildlife Hazard Assessment; the last one submitted had been ten years prior; funding was being provided by the FAA; and, USDA was the only organization providing the service. VOTE: There were 110 objections. SO ORDERED. D -6. Resolution No. 2011 -35 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Include Camping, Parking, and City Dock Fees and to Increase Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches From the FY 11 Rate of $ 15.00 Per 12 -Hour Period for Parking and $ 15.00 Per Overnight Camping to S20.00 for Each. MOTION: Council Member Gabriel MOVED for adoption of Resolution No. 2011 -35. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Marquis objected to the request for unanimous consent, noting until there was a way found to not charge City residents more, he would not support the resolution. Additional comments included: • Dock fees were initially omitted and passage of the resolution would also change the parking and camping fees. • Concern with raising fees at this time and would not support the resolution. • Parks & Recreation Commission reviewed the suggested changes and recommended approval. • Revenues derived would support totes, dumping fish waste, etc. KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 6 The City was hoping to borrow or the State would transfer ownership of eight large fish cleaning stations for use on the beach during the dip net fishery; signing would inform the public fish waste may not be disposed of into the waters; and, use of the stations would prevent fish waste as a food source to birds and could lower fecal levels in the water. • If the fish cleaning stations were not in place in time for the dip net season, Administration would revisit the raise of fee. • Citizens of Kenai should not have to pay to park. Supported the fee increases and ability for getting the fish Cleaning stations, but the City should not have to bear the costs of keeping the City's beaches clean. • Was working with the City Attorney to develop an ordinance to charge less to City residents for launching fees at the dock. VOTE: *Student Representative Coffman: Yes Porter Yes Moore Yes Gabriel Yes �Bookey Yes Marquis No Molloy No Boyle No MOTION PASSED. D -7. Resolution No. 2011 -36 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental and Land Administration Departments for External Legal Services to Review a Proposed Land, Sub- Surface Rights Agreement Between the City and Cook Inlet Natural Gas Storage Alaska (CINGSA). MOTION: Council Member Gabriel MOVED for Resolution No. 2011 -36. Council Member Moore SECONDED the motion 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. D -8. Resolution No. 2011 -37 -- Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $804,302.00. MOTION: KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 7 Council Member Bookey MOVED for approval of Resolution No. 2011 -37 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. ITEM E: MINUTES E -1. Regular Meeting of April 20, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Moore MOVED to ratify the bills over 515,000 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 Bookey MOVED to approve the purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. Introduced by approval of the Consent Agenda. KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 8 G -4. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by S147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. Introduced by approval of the Consent Agenda. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member reported the next meeting would be held on May 12, 2011. H -2. Airport Commission -- Council Member Marquis reported the May meeting had been cancelled and the next meeting was scheduled for June 9. H -3. Harbor Commission -- Council Member Gabriel reported the May meeting had been cancelled. H -4. Library Commission -- Council Member Bookey provided a brief report of actions taken and discussions held at the May 3, 2011 . meeting. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held in August. H -6. Planning & Zoning Commission -- Council Member Gabriel reviewed the minutes of the April 27, 2011 meeting, which were included in the packet, and reported on the work session discussion related to Ordinance 2546 -2011. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- Mayor Porter noted the next meeting was scheduled for May 10, 2011. H -7b. Alaska Municipal League Report -- No report. II-7c. Mini -Grant Steering Committee -- No report. H -7d. Kenai Convention & Visitors Bureau -- No report. H -7e. Reports of KPB Assembly, Legislators and Councils -- Reference was made to the added report of the May 3, 2011 Assembly Meeting provided by Assembly Member Smalley. ITEM I: REPORT OF THE MAYOR -- Mayor Porter reported on functions and events she had participated in, including the Caring for the Kenai banquet, HEA groundbreaking, art show gala, Masonic Student Awards, Peninsula Mayors would be meeting at Kenai City Hall on May 16, and she testified the Assembly's sales tax ordinance, etc. KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 9 ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch's report included: • He included the preliminary design of the Municipal Park expansion layout in the packet. • He received a final proposal for the health care coverage and he had been meeting with the employees to review the proposal. • He had been keeping watch on the progress of the Legislature in its discussions on the capital budget. • He requested Library Director Joiner to provide a brief report with regard to the All- America City competition. J -2. Attorney -- No report. J -3. City Clerk -- City Clerk Freas reviewed upcoming work sessions scheduled for May 9 and 10, and special meetings scheduled for May 24 and 25, 2011. Mayor Porter noted the application of Hal Smalley for appointment to the Personnel Arbitration Board was included in the packet. Porter nominated Smalley for the appointment and Council confirmed the appointment. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- No comments. K -2. Council -- Boyle -- No comments. Molloy -- No comments. Marquis -- Noted he was enjoying his time in Madison, Wisconsin. Coffman -- Provided a brief report of events and activities taking place at Kenai Central High School. Bookey -- Congratulated Sharps Billiards as being named Small Business of the Year. Gabriel -- Thanked those who spoke before the Council. Moore -- Stated he was hearing a lot of discussion related to the All- America City competition and hoped it would be videotaped. EXECUTIVE SESSION -- None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) KENAI CITY COUNCIL MEETING MAY 4, 2011 PAGE 10 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. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and Councii will consider the ordinance.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:25 p.m. Minutes submitted by: dt-eve 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. OVER BY &i ! °"t`w'yrt