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HomeMy WebLinkAbout2011-09-07 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 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 moment of silence was held in remembrance of 9/11. A -2. Roll Call There were present: Mayor Pat Porter, Joe Moore (telephonic), Robert Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis and Mike Boyle (telephonic), comprising a quorum of the Council. A -3. Agenda Approval Mayor Porter read the following additions to the agenda: ADD TO: ITEM D -1. Ordinance No. 2546 -2011 Email from Kellie Wannamaker Email from Dale & Janet Stockton ADD TO: ITEM 0-10. Action /Approval -- ACS Easement Exhibit "A" -- Easement Map ADD TO: ITEM G -11. Action /Approval -- ACS Easement Exhibit "A" -- Easement Map ADD TO: ITEM G -15. -- Action /Approval -- Buccaneer Easement Buccaneer Alaska Operations, LLC Kenai Loop Pipeline Plans and Legal Description MOTION: Council Member Molloy MOVED to approve the agenda with the additions and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 2 A -4. Consent Agenda MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. *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. A -5. Swearing in of Student Representative Mayor Porter swore in Student Representative Austin Daly and Ms. Daly took her seat on the dais. A -6. Proclamation -- National Preparedness Month Mayor Porter read a proclamation for September 2011 being National Preparedness Month and presented the proclamation to Jan Yeager and 5 volunteers from the Kenai Peninsula Borough Office of Emergency Management. ITEM B: SCHEDULED PUBLIC COMMENTS B -1. Rob Nash R Associates -- Prnpnsal to Purchase FAA Tract (3.22 Acres) From City of Kenai and Build Assisted Living Facility. Mr. Cory Castagneto spoke about the Assisted Living Facility his company would like to build in Kenai and noted he was working with the City Manager to find a suitable piece of property. The Council encouraged Mr. Castagneto to continue his dialog with the City Manager. BREAK: 7:24 P.M. BACK TO ORDER: 7:30 P.M. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 3 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. (Clerks 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. 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. (Clerk's Note: At its August 17, 2011 meeting, the City Council moved to amend Ordinance No, 2346-2011 by substitution, and then postponed the ordinance until the September 7, 2011 meeting. The motion to amend by substitution is active.) D -1 -b. MOTION: Substitute B -- Ordinance No. 2546 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District Council Member Gabriel MOVED to amend by substitution by replacing Substitute A with Substitute B and Council Member Moore SECONDED the motion. Gabriel reported he thought it fitting to consider the substitute B since it was asked for. Moore reported he supported substitute B because he believed it to be a logical conclusion to the process. Bookey reported he would not support substitute B. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 4 Molloy reported he would not support substitute B because he believed it incompatible with the RR -1 zone intent. VOTE ON MOTION TO AMEND BY SUBSTITUTION OF SUBSTITUTE B: Council Members voting YES: Porter, Moore, Gabriel Council Members voting NO: Boyle, Bookey, Marquis, Molloy MOTION TO AMEND BY SUBSTITUTION FAILED. VOTE ON MOTION TO AMEND BY SUBSTITUTION OF SUBSTITUTE A: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2546 -2011 by removing the second to last WHEREAS clause and adding the following six WHEREAS clauses to precede the last WHEREAS clause: WHEREAS, Ordinance No. 2546 -2011 was returned to the City Council without recommendations from the Planning and Zoning Commission; and on August 15, 2011, the City Council held a work session on this ordinance, during which the public was invited to comment; and; WHEREAS, at its August 17, 2011 meeting, the City Council held another public hearing on this ordinance, including a public hearing on Substitute Ordinance No. 2546 -2011; and the City Council postponed action on the ordinance and substitute until the September 7, 2011 Council meeting so that the City Council would receive the Commissions recommendations for the September 7, 2011 Council meeting; and, WHEREAS, at its meetings on August 16, 2011 and on August 24, 2011, the Planning and Zoning Commission held additional work sessions during which the public was invited to comment on amendments to the Land Use Table for all residential zones, including the RR -1 Zoning District; and, WHEREAS, at its meeting on August 24, 2011, the Planning and Zoning Commission reconsidered its postponement of Commission Resolution No. PZ11 -30, and voted to hold a public hearing on Commission Resolution No. PZ11 -30 at a special meeting on August 30, 2011; and, WHEREAS, at its special meeting on August 30, 2011, the Planning and Zoning Commission held a public hearing on Commission Resolution No. PZ11 -30, and voted to approve an amended Commission Resolution No. PZ11 -30, which included the Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and Substitute Ordinance No. 2546 -2011; and, KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 5 WHEREAS, at its September 7, 2011 meeting, the City Council considered all of the public comment, the Commission's amended Resolution No. PZ11 -30 and the Commission's recommendations to the City Council on Ordinance No. 2546 -2011 and Ordinance No. 2546 -2011 Substitute; and, Council Member Marquis SECONDED the motion. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2546 -2011 to remove "City of Kenai" from the last whereas and replace it with "neighborhoods of the RR -1 zoning district." MOTION DIED FOR LACK OF' SECOND. Marquis spoke in favor or the ordinance, noting several recommendations from Planning and Zoning Commission were included. Molloy spoke in favor of the ordinance, commenting about the long and thorough . process used to come to its final draft. Molloy also: • Noted that there is economic opportunity for the Mental Health Trust in the City of Kenai, just as there is for other investors. • Addressed the Trust's comments in its August 16, 2011 letter to Council, as had been requested by the Trust. • Discussed how the substitute ordinance was not a taking of property rights, did not violate due process, and was not a rezone of any property. • Commented about the compromises made in the substitute ordinance, noting that great weight was given to the recommendations of the Planning & Zoning Commission, the Trust and other members of the public, and to the multigenerational families who have made their great investments in their homes in the 3W's Snhrlivicinn and MAPS Area. Porter spoke against the ordinance, noting she believed it to be too restrictive. VOTE ON MAIN MOTION AS AMENDED: Council Members voting YES: Boyle, Gabriel, Bookey, Marquis, Molloy Council Members voting NO: Porter, Moore VOTE: MOTION PASSED. Clerk's Note: The Verbatim of the portion of the recording including Ordinance No. 2546- 2011 is attached at the end of these minutes. BREAK: 8:03 P.M. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 6 BACK TO ORDER: 8:08 P.M. Clerk's Note: Council Members Boyle and Moore stopped participating telephonically at this point. D -2. 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. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2577 -2011 and Council Member Bookey SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. 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. There were no public comments. MOTION: Council Member Marquis MOVED to ratify Resolution No. 2011 -65 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. (Clerk's Note: At the August 17, 2011 Council Meeting, this item was presented as a lay down, considered by the Council after hearing, and passed unanimously. This matter is scheduled for a second public hearing to provide the public with notification and an additional opportunity to comment on this resolution. After the public hearing, the Council is expected to entertain a motion to ratify its August 17, 2011 decision to adopt Resolution 2011 -65.) D -4. Resolution No. 2011 -66 -- Adopting a Street Name for an Unnamed Street. MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 7 Council Member Bookey MOVED to adopt Resolution NO. 2011-66 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 17, 2011 E -2. *Notes from August 15, 2011 Work Session E -3. *Special Meeting of August 18, 2011 E -4. *Notes from August 29, 2011 Work Session All were approved by approval of the consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. G -2. MOTION: Approval of Purchase Orders Exceeding $15,000 Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -3. *Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Technical Changes to the Kenai Municipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. Introduced by approval of the consent agenda. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 8 G -4. *Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II. Introduced by approval of the consent agenda. G -5. *Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by 589,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. Introduced by approval of the consent agenda. G -6. *Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. Introduced by approval of the consent agenda. G -7. *Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub- section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. Introduced by approval of the consent agenda. G -8. *Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by $600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. Introduced by approval of the consent agenda. G -9. Action /Approval -- Utility Easement to Homer Electric Association, Inc. for a strip of land ten (10) feet in width for the purpose of installing and maintaining underground electrical lines situated within A PORTION OF THE NW Y SECTION 33, TOWNSHIP6NORTH, RANGE11WEST, SEWARD MERIDIAN, Alaska EXCLUDING BARON PARK SUBDIVISION FIRE ADDITION (KN 97 -51); all within Kenai Recording District, the City of Kenai and Kenai Peninsula Borough. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose and requested the City Manager grant the easement. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 9 G -10. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing an underground copper and fiber optic cables situated within T6N R11W SEC 32 SEWARD MERIDIAN KN ALL OF SEC 32 EXCLUDING SUBS & LEASED AREAS & KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN REPLAT. KPB Parcel ID: 04318044 Kenai Recording District, where it adjoins an existing 10' Public Utility Easement on that lot. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose and requested the City Manager grant the easement. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. G -1. Action /Approval -- Utility Easement to Alaska Communications Systems, Inc. for a 10 foot wide ACS easement for a strip of land sixty (10) feet in width for the purpose of installing underground copper and fiber optic cables situated within T6N R11W SEC 33 SEWARD MERIDIAN KN W1 /2 LYING NORTH OF KENAI SPUR HWY EXCLUDING BARON PARK SUBS NO 7 & NO 12. KPB Parcel ID: 04501029, Kenai Recording District. MOTION: Council Member Gabriel MOVED the land was not needed for a public purpose, requested the City Manager grant the easement and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -12. Action /Approval -- Authorizing the City of Kenai to proceed with investment grade audit and energy performance contract with the Building Division of Siemens Industry, Inc. for the implementation of a performance contracting program to improve the system infrastructure and the operational efficiencies of City facilities. MOTION: Council Member Bookey MOVED to approve the authorization and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Council Member Bookey requested a report from Administration. City Manager Koch explained the loan would increase energy efficiency in public buildings, that there were several buildings within the City that would benefit, and the KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 10 loan would take eight to ten years to repay. Koch also noted Kenai was the first municipality to begin the process. VOTE: MOTION PASSED UNANIMOUSLY. G -13. Action /Approval -- Second Amendment to Rental Agreement between City of Kenai and Homer Electric Association, Inc. for office space in the Alaska Fire Training Center at 450 Marathon Road, extending the term of the Rental Agreement until September 1, 2012. Council Member Bookey disclosed his father was on the HEA Board. Mayor Porter did riot see any conflict. MOTION: Council Member Marquis MOVED to approve the amendment and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -14. Action /Approval -- 2011 Election Boards. Council Member Bookey disclosed his wife would be one of the election workers. Mayor Porter did not see any conflict. MOTION: Council Member Marquis MOVED to approve the 201. I. Election Boards and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -15. Action /Approval -- Buccaneer — Easement for line from Drilling Pad off Marathon to Enstar's vault on Main Street Loop. MOTION: Council Member Molloy MOVED to approve the easement and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Senior Center Director reported the next meeting would be September 8, 2011. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 11 H -2. Airport Commission -- Council Member Marquis reported the next meeting would be September 8, 2011. 11-3. Harbor Commission -- Council Member Gabriel reported the next meeting would be September 12, 2011. H -4. Library Commission -- Council Member Marquis reviewed the September 6, 2011 meeting and noted the student representative had not attended and one member had resigned. H -5. Parks & Recreation Commission -- Parks and Recreation Director Frates noted there would be a work session on September 22, 2011 to discuss the Trails Plan, followed by a special meeting to discuss the Capital Improvement Project List. 11-6. Planning & Zoning Commission -- Council Member Bookey reviewed the August 24 and 30 meetings. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- Mayor Porter noted the next meeting would be September 13, 2011. 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 -- Council Member Bookey reported he did not attend the last meeting. H -7 -e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended the Alaska Oil and Gas Dinner and Industry Appreciation Day where Tim Navarre and Jack Brown received the Founder's Award. She reported she worked with the Chamber of Commerce and Visitor's Center to have a combined ad in the Milepost. Mayor Porter reported she and City Manager Koch met with representatives from Kenai Central High School regarding a State Championship sign near the high school. Mayor Porter set a work session on Clerk Recruitment for September 27, 2011 at 6:00 p.m. and a work session to interview applicants for October 7, 2011 at 1:00 p.m. ITEM J: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 12 J -1. City Manager -- Koch reported he met with Alaska Department of Conservation regarding a fish waste disposal plan. Koch set a work session for October 14, 2011 at 6:00 p.m. to discuss the Dip Net Report, Capital Improvement Project list and the City taking over ownership and maintenance of Beaver Loop Road. Koch noted he would set a work session for early November to meet with Legislators. Koch asked Council if they wanted a discussion item regarding Planning and Zoning Commission's request for legal counsel at meetings. Council requested a discussion item be added to the September 21, 2011 meeting agenda. Koch will ask for information from Planning and Zoning to include in the packet. J -2. City Attorney -- Stearns reported she would be out of the office for a board meeting of the Alaska Bar Association and in Chicago for a conference. Mayor Porter asked for an update on the burned out building. Stearns reported their permit expires on September 18, 2011. J -3. City Clerk -- Deputy City Clerk Hall thanked Finance Director Eubank and IT Tech Manager Castimore for their help with the phone problem in Chambers. ITEM K: ADDITIONAL PUBLIC COMMENTS K -1. Citizen Comments -- None. K -2. Council Comments Gabriel thanked Nash and Castegneto for their presentation and noted his appreciation for all the work on the Land Use in the RR -1 zone. Bookey wished his son Corvin Happy Birthday, and wished Molly Dischner from the Clarion Happy Birthday. Daly thanked the Council for accepting her as the Student Representative and reported on events at the High School. Marquis thanked Tim Navarre for his work on Industry Appreciation Day, thanked Castegneto and Nash for their presentation, thanked everyone involved in working on Ordinance No. 2546 -2011 and welcomed Daly to the Council. Molloy welcomed Daly to the Council, agreed with Gabriel's comments regarding the process on the Land Use within the RR -1 zone, thanked Marquis, Bookey and Gabriel for covering for him at Planning and Zoning Commission meetings, and noted he would cover the Council on Aging meeting for Council Member Boyle. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2011 PAGE 13 Mayor Porter invited everyone to attend the Remembrance Ceremony at the Soldotna CES station on September 11 at 2:00 p.m. EXECUTIVE SESSION -- discussing pending litigation of which immediate knowledge would have an adverse effect upon the finances of the City and to give direction to the City Attorney regarding the handling of a specific legal matter -- City of Kenai v. Gus Rodes and Janice Rodes. MOTION: Council Member Marquis MOVED to convene into Executive Session and Requested the City Manager and City Attorney attend. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 9:02 P.M. BACK TO RODER: 9:21 P.M. Council Member Marquis reported the Council met in Executive Session and gave direction to the City Manager and City Attorney. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:22 p.m. Minutes prepared and submitted by: 2 51 trt --t, Corene Hall, CMC, Deputy City Clerk APPROVED E� .t7