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HomeMy WebLinkAbout2011-08-17 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. Swearing in of Student Representative (Clerk's Note: This item was removed from the agenda.) A -3. Roll Call There were present: Mayor Pat Porter, Joe Moore, Robert Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis and Mike Boyle (telephonic), comprising a quorum of the Council. A -4. Agenda Approval Mayor Porter read the following changes to the agenda: REMOVE: A -2. Swearing in of Student Representative ADD: A -5. Recognition of Dan Young ADD: D -9. Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. MOTION: Council Member Marquis MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. A -5. Consent Agenda KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 2 MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. A -6. Recognition of Dan Young on his Retirement from the City after 31 years. Mayor Porter recognized Day Young on his retirement and presented him with an engraved plaque from the City. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: PUBLIC HEARINGS D -1. 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) D -1 -a. MOTION: Substitute 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 Zoning District. Council Member Molloy MOVED to amend Ordinance No. 2546 -2011 by substitution. Council Member Marquis SECONDED the motion. Mayor Porter opened the meeting to public hearing. Charles Winegarden, 309 Princess -- spoke in favor of the substitute ordinance. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 3 Marcie Menefee, Deputy Director Alaska Mental Health Trust -- reviewed a letter from the Mental Health Trust presented at the meeting and suggested amendments as included in the letter. Jim Sawhill, Lounsbury & Associates -- noted he was retained by the Alaska Mental Health Trust, reviewed the Land Use Table and made suggestions included in the table attached to the letter from the Mental Health Trust. Kellie Kelso, 117 Walker Lane -- spoke in favor of the substitute ordinance. Karen Koester, 845 Set Net Drive -- spoke in favor of postponing the ordinance until the Planning and Zoning Commission had time to finish their work. Council Member Moore requested a report on the Planning and Zoning Commission work session of August 16, 2011. Koester reported the commission worked for three hours, looking at all zones and making comparisons. Council Member Gabriel inquired as to when a recommendation could come forward. Koester reported a recommendation could come to the Council at the September 21, 2011 meeting. Council Member Bookey asked if a recommendation could come forward at the September 7, 2011 meeting. Koester was not sure. Jeff Twait, 1808 JulieAnna, Planning and Zoning Commission Chair -- gave a brief history of the Planning and Zoning Commission's work on the ordinance and reported a recommendation could come to Council at the September 21, 2011 meeting. Council Member Bookey inquired as to whether or not a recommendation on RR1 only could come to the Council for the September 7, 2011 meeting. Twait reported a public hearing would be required at the September 14, 2011 Planning and Zoning Commission meeting. Colleen Ward, 708 Magic -- (shared minutes from Walt Ward, Gloria Wik, Richard Kelso and Nancy Schrag) Ward read an email from Jarrod Daniels, encouraged the Council to vote on the ordinance at this meeting, and spoke in support of the substitute ordinance. Council Member Molloy thanked Ward for her work on the ordinance and substitute. Mark Schrag, 312 Princess -- encouraged the Council to vote at this meeting, noting the substitute was a compromise that protects neighborhoods and allows reasonable commercial development. Paul Turinsky, 408 Magic -- (shared minutes from Michelle Turinsky) Turinsky noted he was a builder who wanted growth in Kenai, believed the process to be too slow, and recommended voting at this meeting. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 4 Council Member Gabriel thanked Turinsky for his enthusiasm. Tim Navarre, Box 92, Kenai -- requested postponement of Ordinance No. 2546 -2011 so the Council could look at the work of the Planning and Zoning Commission, noting good input from all areas of the city, not just RR -1 residents. Council Member Marquis asked why the Planning and Zoning Commission would not make a recommendation on the RR -1 zone Land Use only. Navarre noted the Commission wanted to compare all the zones to lessen inconsistencies. Janine Espy, 403 McCollum -- requested the Council vote at this meeting. Pat Falkenberg, 399 McCollum -- Thanked Council Member Molloy for his work on the Ordinance and spoke in favor of voting at this meeting. Henry Knackstedt, 1602 Barabara -- noted his surprise at the anger over the issue. There being no one else wishing to speak, the public hearing was closed. BREAK: 8:19 P.M. BACK TO ORDER: 8:29 P.M. Council Member Molloy thanked the public for their comments, read the City of Kenai Mission Statement, noting the ordinance was true to that vision, and reviewed the suggested changes in the substitute. Council Member Moore asked if the changes were substantial enough to require another public hearing. City Attorney Stearns noted there had been a public hearing at this meeting and Council could decide if it wanted another public hearing. Council Member Gabriel noted he would support postponement in order to hear the recommendation from the Planning and Zoning Commission. MOTION: Council Member Moore MOVED to postpone Ordinance No. 2546 -2011 to the September 21, 2011 meeting and Council Member Gabriel SECONDED the motion. Council Member Boyle spoke against postponement. Mayor Porter noted her support of the postponement as a courtesy to the Planning and Zoning Commission. MOTION: Council Member Marquis MOVED to amend the motion to postpone by changing the date to September 7, 2011 and Commissioner Bookey SECONDED the motion. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 5 Council Member Gabriel asked if the Planning and Zoning Commission could have a recommendation for the September 7, 2011 meeting. City Planner Kebschull reported there would not be enough time to notice the public. Council Member Bookey suggested Planning and Zoning Commission hold a special meeting that would allow them to meet the notification deadlines. Kebschull reported that was an option. VOTE ON AMENDMENT: Council Members voting YES: Bookey, Marquis, Molloy, Boyle, Porter Council Members voting NO: Moore, Gabriel MOTION TO AMEND PASSED. VOTE ON POSTPONEMENT: Council Members voting YES: Council Members voting NO: Moore, Gabriel, Bookey, Marquis, Porter Molloy, Boyle MOTION TO POSTPONE PASSED. BREAK: 9:01 P.M. BACK TO ORDER: 9:05 P.M. D -2. Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." (Clerk's Note: At its July 20, 2011 meeting, the City Council postponed Ordinance No. 2560 -2011 until the second meeting in August (August 17, 2011) at the request of Vice Mayor Boyle. The motion to adopt is active.) MOTION: Council Member Marquis MOVED to approve Ordinance No. 2560 -2011 and Council Member Moore SECONDED the motion. There were no public comments. Council Member Moore requested clarification as to the accuracy of the attached memorandum. City Manager Koch reported the memo was still accurate. VOTE: Council Members voting YES: Moore, Gabriel, Bookey, Marquis, Molloy, Boyle Council Members voting NO: Porter KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 6 MOTION PASSED. D -3. Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564 -2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect relative to real property.) Council Member Marquis MOVED to enact Ordinance No. 2564 -2011 and Council Member Molloy SECONDED the motion. There was no public comment. Council Member Marquis reported he could not support the ordinance, stating it was too broad. Council Member Boyle suggested postponing the ordinance indefinitely so he could rework the document. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2564 -2011 indefinitely and Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: Council Members voting YES: Marquis, Molloy, Boyle Council Members voting NO: Moore, Gabriel, Bookey, Porter MOTION TO POSTPONE FAILED. VOTE ON MAIN MOTION: Council Members voting YES: Boyle Council Members voting NO: Moore, Gabriel, Bookey, Marquis, Molloy, Porter MOTION FAILED. D -4. Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 7 MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2575 -2011 and Council Member Bookey SECONDED the motion. Council Member Moore requested clarification from Administration. City Manager Koch reviewed the ordinance, noting a resolution would come to Council each time the process was used. VOTE: MOTION PASSED UNANIMOUSLY. D -5. MOTION: Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. Council Member Moore MOVED to adopt Ordinance No. 2576 -2011 and Council Member Marquis SECONDED the motion. There were no public comments. Council Member Marquis asked if Administration would contact the person interested in starting a segway business. City Manager Koch replied yes. Council Member Boyle reported the City of Redland, California police department used segways at public events. VOTE: MOTION PASSED UNANIMOUSLY. D -6. Resolution No. 2011 -63 -- Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled Main Street Reconstruction 2011 for the Total Amount of $157,131.00. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -63 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 8 D -7. Resolution No. 2011 -64 -- Awarding a Contract for Engineering Sery ices for the Project Entitled Kenai Municipal Airport Master Plan 2010 to Wince - Corthell- Bryson for the Total Amount of $483,715.00. MOTION: Council Member Moore MOVED to approve Resolution No. 2011 -64 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public comments. Council Member Molloy requested a brief report on the scope of work. City Manager Koch reported the Plan would look at existing uses, history of uses, project future uses and growth, environmental concern present and future, obstructions, proposed Capital Improvement Project lists, cost estimates, financing options, and work on approximately 20 diagrams related to lights, land use, etc. Koch noted the Airport Commission, Planning and Zoning Commission, Council and the public would all see the product during the process. VOTE: MOTION PASSED UNANIMOUSLY. D -8. *Liquor License Renewal -- Transfer of Ownership -- Upper Deck, LLC APPROVED BY CONSENT AGENDA. D -9. MOTION: Resolution No. 2011 -65 -- Designating the State Of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled New Water Transmission Mains (Phase IV) and Related Improvements, As the Number One Local State Funding Priority for Fiscal Year 2013. Council Member Molloy MOVED to approve Resolution No. 2011 -65 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Regular Meeting of August 3, 2011. Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 9 G -1. Ratification of Bills -- None. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Moore MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. G -3. *Ordinance No. 2577 -2011 -- Increasing Estimated Revenues and Appropriations by $2,226 in the Airport Fund and by $89,053 in the Airport Improvement Capital Project Fund for Capital Improvements. Introduced and set for public hearing on September 7, 2011 by approval of the Consent Agenda. G -4. Action /Approval - Utility Easement to Horner Electric Association, Inc. for an area of land embracing 69 square feet, more or less within a portion of Alaska State Land Survey ASLS No. 76-118 according to plat number 79 -169 Kenai Recording District situated in the SE Y Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska, City of Kenai. MOTION: Council Member Molloy MOVED to approve the easement and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Council Member Gabriel asked if other utilities would use the easement and City Manager Koch replied yes. VOTE: MOTION PASSED UNANIMOUSLY. G -5. Discussion -- Set Special Meeting /Executive Session -- Regarding Matters the Immediate Knowledge of Which could have an Adverse Impact on the Finances of the City and to give direction to Administration: CINGSA -- Mineral Rights, Easements and Pore Space. A special meeting was confii Hied for Thursday, August 18, 2011. Mayor Porter requested acknowledgement of receipt of the email notice. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- No report. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 10 H -2. Airport Commission -- Council Member Bookey reported the Airport Commission reviewed several chapters of the Airport Regulations. H -3. Harbor Commission -- No report. H -4. Library Commission -- Council Member Marquis reported the Library Commission meeting had been cancelled. H -5. Parks & Recreation Commission -- Council Member Bookey reported there had been no quorum at the August 4, 2011 meeting and a special meeting would be scheduled. H -6. Planning As Zoning Commission -- Council Member Gabriel reviewed the agenda of the August 10, 2011 meeting. Council Member Molloy reported on the August 16, 2011 work session. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- No report. H -7 -b. Alaska Municipal League Report -- No report. H -7 -c. Mini -Grant Steering Committee -- No report. H -7 -d. Kenai Convention & Visitors Bureau -- No report. H -7 -e. Reports of KPB Assembly, Legislators and Councils -- Council Member Marquis reported the Assembly reversed their decision on solid waste disposal and the site would be open seven days per week. ITEM I: REPORT OF THE MAYOR Mayor Porter thanked Administration for the flowers sent during her recent hospital stay and reported the following: • City Manager Koch read a proclamation at the Head Back Healthy campaign. • She visited Kelsey Leafs reforestation project. She thanked Scott Harriman of Metal Magic for the iron pour of the 2011 All- America City award which hangs in the lobby. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- Koch reported he had received a refined preliminary design for the bluff erosion project from the Corps of Engineers, and documents and cost reports showing the start of the process, noting their intent to participate in a final feasibility study as the last stage before the issue goes to Congress. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 11 Council Member Moore requested a start date. Koch noted it would be within the next three years. Koch reported limits on the fuel pumps at the float plane basin had been raised from S75 to $300 with the help of Airport Manager Bondurant. Koch noted Jeff Jones from the Governor's office wanted to meet with him regarding the personal use fishery. J -1 -a. Unsolicited Offer to Purchase City Property -- Millennium Square This issue was postponed until the September 7, 2011 meeting at the request of the proposed buyer in order for them to attend. J -2. Attorney -- Stearns thanked her assistant for a nice birthday. J -3. City Clerk -- Hall reported that there would be two candidates on the ballot for City Council, Tim Navarre and incumbent Mike Boyle. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments Colleen Ward, 708 Magic Avenue -- apologized for her earlier testimony and requested clarification. Council Member Molloy thanked Ward for her work. Tim Navarre, Box 92 -- Thanked Ward for not making the issue personal, spoke in favor of communicating better between Council and the Planning and Zoning Commission and requested an ordinance that explained tabled and pending as it pertained to items falling off the table. K -2. Council Member Comments Gabriel wished Stearns Happy Birthday and congratulated the Peninsula Oilers on how far they advanced in the playoffs. Bookey reported he had come ready to vote on the substitute ordinance. Marquis wished Stearns Happy Birthday and noted with Lowe's closing, Kenai could use the space for a clothing store. Molloy wished Boyle good luck with his treatments and wished Stearns Happy Birthday. EXECUTIVE SESSION -- None Scheduled. KENAI CITY COUNCIL MEETING AUGUST 17, 2011 PAGE 12 ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 10:19 p.m. Minutes submitted by: 1-C.1..1/4-c 10.„el Corene Hall, CMC, Deputy City Clerk APPROVED tETit CH- c,i.„.11/4}- rfAni CITY CULl.: