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HomeMy WebLinkAbout2007-09-19 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 19, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai-ak.us ITEM A: CALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. Consent Agenda *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 (10 minutes) I. Patsy Clifford/Kenai Line Dancers, Joanna Hollier and Bill Osborn -- Kenai Senior Center. 2. Lori Dilley, Hattenburg, Dilley & Linnell -- Status Report/Water System Improvements. 3. Trent Sernmens, Kenai Ski Team -- Funding Request. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2250-2007 -- Increasing Estimated Revenues and Appropriations by $6,350 in the Library Fund for a State Grant. 2. Ordinance No. 2251-2007 -- Amending the Official Kenai Zoning Map by Rezoning Lot I and Lot 2A of Schurr Subdivision From General Commercial (CG) to Limited Commercial (LC). Ordinance No. 2252-2007-- Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizen Fund for Gas Card Donations From Tesoro. 4. Resolution No. 2007-57 -- Extending the Contract with Wince-Corthell- Bryson for Architectural/Engineering & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. 5. *Liquor License Application (New) -- Acapulco Mexican Restaurant #4740/Restaurant Eating Place Public Convenience 6. *Restaurant Designation Permit -- Hector Santana/Acapulco Mexican Restaurant ITEM F: MINUTES 1. *Regular Meeting of September 5, 2007. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2253-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. 4. *Ordinance No. 2254-2007 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Library Grant. 5. Discussion -- Draft Kenai River Working Group Resolution No. 2007-02. 6. Discussion -- Thompson Park Gravel Pit Update ITEM I: 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. Joint Kenai River Working Group d. Mini -Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximam Term of Lease Including Any Extension from 35 to 55 Years. (Approved for reconsideration 616107; postponed to 7118107; postponed to 8/15/07; postponed to 1013107.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7/18/07, Tabled, no time certain.) EXECUTIVE SESSION -- Negotiating Strategy/Department of Public Safety. KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 19, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai-ak.us MAYOR PAT PORTER, PRESIDING 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: A quorum was present. Also present: Brittany Harding, Student Representative A-3. AGENDA APPROVAL The following items were requested to be added to the packet: ADD TO: Item H-5, Draft Kenai River Working Group Resolution No. 2007-02 Discussion -- 9/ 19/07 Ricky Crease email correspondence / comments. ADD TO: Item H-5, Draft Kenai River Working Group Resolution No. 2007-02 --Koch/Moore Second Draft of Resolution No. 2007-02 MOTION: Council Member Molloy MOVED for approval of the agenda, including the requested additions and requested UNANIMOUS CONSENT. Council Member Boyle SECOND) the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 2 Council Member Moore MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Patsy Clifford/Kenai Line Dancers, Joanna Hollier and Bill Osborn -- Kenai Senior Center. Patsy Clifford/Lynn Wheeler -- Thanked council for support of the Kenai Senior Center, return of the salad bar, and senior programs, including Kenai Line Dancers. B-2. Lori Dilley, Hattenburg, Dilley & Linnell -- Status Report/Water System Improvements. Dilley reviewed the water system improvement draft results information included in the packet, noting the process used and recommendations made, i.e. drilling two wells in the Eagle Rock area for testing with estimated cost of $85,000; treat the Angler Well for arsenic, iron, manganese, and some color and organic removal at an estimated cost of $1.1 to $1.2 million; and treat color, organics, odor, removal of manganese and arsenic from current Well No. 2 at an estimated cost of $1 to $1.1 million. Discussion followed with comments including: i Administration supported investigation of Eagle Rock water wells. If acceptable volume and arsenic levels are not found, then proceed with the Angler Well and arsenic removal. i A notice to proceedwould take several weeks, including placement of drilling rigs, etc., but it would be desired to do the drilling before winter in order to have samples tested, know about the quality by November, and then do pumping testing for quantity. Testing for quantity would indicate any impact the well would have on private wells in the area. • Sufficient funding would be available for the drilling of the Eagle Rock wells, as well as placement of a well house. • Well No. 2 would continue to be used as a back-up well with enough dilution to reduce the color and meet water quality standards. • Noted water pressure on the current water system is limited by the transmission line into town. Replacing the lines would increase the pressure, however that should not take place until knowing the location of the well. Consensus of council was to move ahead with the project. B-3. Trent Semmens, Kenai Ski Team -- Funding Request. KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 3 Trent Semmens, Kenai Ski Team/36574 Mackey Lake Road, Soldotna -- Semmens thanked council for supporting funding for grooming ski trails during the winter and referred to his letter included in the packet requesting support of his senior civics project to provide a new ski shed for the Kenai Central High School and used as a waxing shed, storage area for skis and gear, and ski -training facility in the summer. Semmens also explained a location for the shed had been approved by the school principal and to earn a $6,000 donation from the city, the ski team would clean the city's north beach during the dip net fishery. Discussion followed with comments including: He had received some verbally approved donations, but none committed currently. • Suggestion council authorize $7,500 for the cleaning of the beach, which was what had been budgeted previously for the Boys &, Girls Club Project Protect. • The shed would not be built this year. Administration was directed to work with Semmens and prepare a written agreement for the work and return it for council's review. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2250-2007 -- Increasing Estimated Revenues and Appropriations by $6,350 in the Library Fund for a State Grant. f,. • $ k Council Member Swarner MOVED for adoption of Ordinance No. 2250-2007 and Council Member Eldridge the motion. There were no public or council comments. VOTE: *Student Representative Harding: Yes KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 4 Eldridge Yes I Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner i Yes _ i � E-2. Ordinance No. 2251-2007 -- Amending the Official Kenai Zoning Map by Rezoning Lot 1 and Lot 2A of Schurr Subdivision From General Commercial (CG) to Limited Commercial (LC). MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2251-2007 and Council Member Swarner SECONDED the motion. There were no public comments. Council discussion noted the following: • Referring to the city attorney's memorandum related to spot zoning included in the packet, it was noted the rezoning was not a spot zoning issue. • Purpose of the memorandum was to inform council on the Homer decision. • The rezone was consistent with the Comprehensive Plan. • It was not believed there would be impacts to adjoining general commercial lots in the future. VOTE: *Student Representative Harding: Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes E-3. Ordinance No. 2252-2007-- Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizen Fund for Gas Card Donations From Tesoro. Council Member Eldridge MOVED to adopt Ordinance No. 2252-2007 and Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 5 There were no public or council comments. VOTE: *Student Representative Harding: Yes Eldridge Yes Ross Yes Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes E-4. Resolution No. 2007-57 -- Extending the Contract with Wince-Corthell- Bryson for Architectural/Engineering &, Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. MOTION: Council Member Molloy MOVED to enact Resolution No. 2007-57. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. City Manager Koch reported the work was anticipated to end in December/January, however a new request for proposal will be prepared for new airport projects during that time. E-5. Liquor License Application (New) -- Acapulco Mexican Restaurant #4740/Restaurant Eating Place Public Convenience Approved by consent agenda. E-6. Restaurant Designation Permit -- Hector Santana/Acapulco Mexican Restaurant Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of September 5, 2007 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: H-1. Bills to be Ratified KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 6 PT615TORF Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSNET. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Ordinance No. 2253-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. Introduced by approval of the consent agenda. H-4. Ordinance No. 2254-2007 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Library Grant. Introduced by approval of the consent agenda. H-5. Discussion -- Draft Kenai River Working Group Resolution No. 2007-02. Council Member Moore reviewed a second draft resolution which was provided to council at the beginning of the meeting. Moore noted the following: • The sixth and ninth "whereas" paragraphs had been removed, as well as amendments to the "now, therefore" paragraph to eliminate references to Department of Natural Resource (DNR) regulations being adopted because the adoption had not yet taken place. • The resolution was drafted to address the problem of hydrocarbon pollution on the river below Warren Ames Bridge during the month of July largely caused by the use of two-stroke boat motors. Discussion followed with comments including: • DNR regulations would be banning two-stroke engines in the upper river during the month of July. • Two-stroke engines would be banned during July in 2008-2009 and banned totally by 2010. • Because the DNR regulations state the two-stroke engines would be banned during the month of July in 2008-2009 and allowed above the bridge in KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 7 August, and the draft resolutions referred to "dip net fishery" which could be extended into August, concern noted the resolution should be consistent with the DNR regulations. • If the dip net fishery would extend into August, there would be a hydrocarbon problem in both July and August. The resolution referred to "dip net fishery" to cover whatever length the dip net fishery may take. • Suggestion to change the last line of the second draft "now, therefore" paragraph to: "...as of January 1, 2008 personal use dip netting during the month of Julv on the Kenai River..." There were no objections from council to make the change. It was noted, the second draft would be reviewed by the Working Group, along with any suggestions brought forward from the Borough or City of Soldotna at the Group's next meeting. A-6. Discussion -- Thompson Park Gravel Pit Update City Manager Koch reviewed the historical information included in the packet related to the gravel pit. Comments of Koch and council included: • The gravel pit was on the property prior to its being given to the City from the State. • Administration had no plans for reclamation unless council so directed. • The issue was brought forward by a citizen concerned about increased dirt bike, snow machine traffic on the roadway to the pit. • The police department had increased its presence in the area. • There was no legal requirement of the city to reclaim the area due to the time period from inception to present. • Access to the pit should be considered as well as use of the area for placement of fill from gathered from city projects. Council directed administration to manage the issue. BREAK TAKEN: 8:04 P.M. BACK TO ORDER: 8:14 P.M. ITEM I: I-1. Council on Aging -- Council Member Boyle reported on the meeting held September 13, noting the chair resigned. I-2. Airport Commission -- Council Member Eldridge reported on actions and recommendations made at the September 13, 2007 meeting. KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 8 I-3. Harbor Commission -- Boyle reported the Commission met on September 10 and reviewed the meeting summary which was included in the packet. Mayor Porter noted the resignation of Randy Canady from the Commission and the application of Dennis Gregory, which was included in the packet. Porter recommended Gregory's appointment to the Commission and council stated no objections. I-4. Library Commission -- Council Member Swarner reported the September 4, 2007 meeting summary was included in the packet. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting was scheduled for October 4 and noted the letter of resignation received from Darrell Hagen, which was included in the packet. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the minutes of the September 12 Commission meeting which were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swarner noted the September 11, 2007 meeting summary was included in the packet for review. A brief report was given related to the progress of the Beautification Committee's subcommittee project along the Spur Highway in front of the used car lot. I-7b. Alaska Municipal League Report -- No report I-7c. Joint Kenai River Working Group -- No report. I-7d. Mini -Grant Steering Committee -- Mayor Porter noted no applications had been received for consideration by the September 15 deadline. Porter noted the application of Sal Mattero for consideration of appointment to the Personnel Arbitration Board was included in the packet. Council stated no objections to the appointment. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She participated in opening night ceremonies of the Brown Bears hockey game with Mayor Carey. • Helped with preparing floats for the Kenai Central High School homecoming. • Represented the city at the Kenai New Life Assembly of God church's 50th anniversary celebration. KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 9 • She and Mayor Carey were working together planning a celebration for November 10 in honor of returning troops. • The Chamber's fundraiser would be held on October 6. K-1. City Manager -- City Manager Koch reported the following: • Referring to Information Item No. 4, a letter from the Palladin Group related to the development of the Frontier Community Services Project and a new configuration of the building on the site, Koch reported administration was not in favor of the new design. The project will be designed as originally proposed. • Utility locations were requested for placement of Old Town sidewalks. Right of way research was also being accomplished. f Fire Chief Mike Tilly reported the Kenai Soccer Association had been requested to hold the 2009 state tournament in Kenai. He thanked the city for its support. 0 He signed the Lowe's property purchase closing papers on September 15 and funds had been transferred to the city. • Spoke to the Leadership Class at the high school related to filming of council meetings. Some interest was expressed in doing the project by several students and an agreement defining the school/students' responsibilities would be prepared. • He had made inquiries related to soil borings along Bridge Access Road as requested by council and was waiting to receive an explanation. • A C-17 would be landing at the Kenai Airport for the first time to pick up reservists. • The Kodiak Cable Company was using the Kenai dock for its boat during surveying/mapping work of the ocean floor related to the placement of fiber optic cable. K-2. Attorney -- No report. K-3. City Clerk -- Clerk Freas noted the following: • Referring to her memorandum included in the packet related to changes in the election board for Precinct No. 3, requested approval of the changes. Council stated no objections. • Absentee In -Person voting was continuing through election day at Kenai City Hall. • Reminded council of the work session scheduled for 5:45 p.m. on October 3 regarding Kenai bear population and related topics. • The November Harbor Commission meeting had been rescheduled to Tuesday, November due to the closure of city offices on Monday November 12 in observance of Veterans Day. KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 10 ITEM L: L-1. Citizens (five minutes) -- None. L-2. Council -- Boyle -- No comments. Molloy -- No comments. Ross -- No comments. Harding -- Reported on the high school Homecoming celebration and Leadership Class representatives to film council meetings. Eldridge -- No comments. Swarner -- • Inlet Salmon processor requested the city consider upgrading the road to the plant and requested Koch to research the issue. • The United Way kick off was the topic of discussion at the day's Chamber luncheon. When asked if a presentation would be made to city employees, Koch reported yes and attendance was optional. Moore -- No comments. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension from 35 to 55 Years. (Approved for reconsideration 616107; postponed to 7118107; postponed to 8/15/07; postponed to 1013107.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7118107, Tabled, no time certain.) EXECUTIVE SESSION -- Negotiating Strategy/Department of Public Safety. MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 11 Council Member Moore MOVED to convene in an executive session of the council of the City of Kenai, concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Council Member Eldridge SECONDED the motion. VOTE: Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. CONVENED INTO EXECUTIVE SESSION: 8:55 P.M. RECONVENED INTO COUNCIL MEETING: 9:15 P.M. Council Member Moore reported the council met in executive session and instructed the city manager to continue negotiations with the Department of Public Safety. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:16 p.m. Minutes submitted by: � Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting.