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HomeMy WebLinkAbout2007-08-15 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 15, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai-ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. 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) 1. Dee Gaddis, Economic Development District -- ICMA CityLinks Program Update. 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.) 1. 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. (Clerk's Note: Ordinance No. 2230-2007 was approved for reconsideration at the 616107 council meeting; at 616107 meeting, action postponed to 7118107; at 7118107, action postponed to 8115107, The motion to adopt is active.) 2. Ordinance No. 2248-2007 -- Increasing Estimated Revenues and Appropriations by $27,532 in the Senior Fund for Additional Grants and Donations. 3. Ordinance No. 2249-2007 -- Amending Ordinance Number 2194-2006 by Amending the Purchase Agreement Authorizing the Sale of Approximately 14.784 Acres of land Described as Lot A, Baron Park Subdivision, 2006 Replat to Lowe's Home Improvement Warehouse, Inc. (Lowe's) by Adding a "Put Right" for One Year After the Close of the Sale Whereby at Lowe's Option the City of Kenai Would Repurchase the Property for the Purchase Price Paid by Lowe's Minus Any Real Estate Commission Paid by the City of Kenai. a. Substitute Ordinance No. 2249-2007 -- Amending Ordinance Number 2194-2006 by Amending the Purchase Agreement Authorizing the Sale of Approximately 14.784 Acres of Land Described as Lot A, Baron Park Subdivision, 2006 Replat to Lowe's Home Improvement Warehouse, Inc. (Lowe's) by Adding a "Put Right" for One Year After the Close of the Sale Whereby at Lowe's Option, the City of Kenai Would Repurchase the Property for the Purchase Price by Lowe's Minus Any Real Estate Commission Paid by the City of Kenai. 4. *New Liquor License -- Richard D. Mullowney, Jr. d/b/a, Alaska Chinook Lodge, Lodge-Seasonal/License #4726. ITEM F: MINUTES 1. *Regular Meeting of August 1, 2007. 2. *August 8, 2007 City Council Work Session Notes. ITEM G: ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. Approval -- October 2, 2007/Precinct Election Board Members 4. Discussion -- Report on Work Session/Council Meeting Broadcasting 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 ITEM J: REPORT OF THE MAYOR ITEM K: 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. 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 -- Evaluation of City Clerk. ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING AUGUST 15, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://ww-w.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: Mike Boyle Pat Porter, Mayor Joe Moore, Vice mayor Linda Swarner Barry Eldridge Rick Ross_ Robert Molloy A quorum was present. Absent: Brittany Harding, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted the following requested changes to the agenda: ADD TO: Item B-1, ICMA CityLinks Program Update -- Thank you letter from ICMA International. ADD TO: Item I-6, Planning & Zoning Commission Report -- Justin Broyles application/consideration for appointment to Commission. ADD AS: Information Item No. 4 -- Lois Massie thank you letter. ADD AS: Information Item No. 5 -- Kenai Peninsula Soccer Club thank you letter. Council Member Molloy MOVED to approve the agenda with the addition of the requested items to the agenda. Council Member Eldridge SECONDED the motion. +►LG 6 FyE KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 2 *Student Representative Harding: Absent Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. A-4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and Council Member Ross SECONDED the motion. TOT There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Dee Gaddis, Economic Development District -- ICMA CityLinks Program Update. Gaddis thanked the council for allowing the City of Kenai's participation in the CityLinks Program and gave an update of her recent trip to Bolshoy Kamen, Russia. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) 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. 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. KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 3 (Clerk's Note: Ordinance No. 2230-2007 was approved for reconsideration at the 616107 council meeting; at 616107 meeting, action postponed to 7118107; at 7118107, action postponed to 8115107. The motion to adopt is active.) A brief discussion followed related to possible postponement of action on Ordinance No. 2230-2007. It was noted, the Airport Commission had no quorum for its August meeting and the postponement would allow the Commission to review and discuss the ordinance at its September 13 meeting. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone action on Ordinance No. 2230-2007 to the October 3, 2007 council meeting. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Harding: Absent Boyce Yes Porter Yes Moore Yes j Swarner Yes Eldridge ( No Ross Yes Molloy Yes E-2. Ordinance No. 2248-2007 -- Increasing Estimated Revenues and Appropriations by $27,532 in the Senior Fund for Additional Grants and Donations. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2248-2007 and Council Member Swarner SECONDED the motion. There were no public comments. It was noted there was no accompanying memorandum to discuss issues with regard to the ordinance. City Manager Koch had been contacted and indicated the ordinance was not time sensitive. Council Member Ross MOVED to postpone action on Ordinance No. 2248-2007 to the first meeting in September and Council Member Molloy SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 4 *Student Representative Harding: Absent Boyle Yes Porter Yes Moore Yes Swarner Yes I Eldridge Yes Ross Yes Molloy _ Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN/CONNECT TELEPHONICALLY WITH CITY MANAGER KOCH: 7:15 P.M. BACK TO ORDER: 7:17 P.M. E-3. Ordinance No. 2249-2007 -- Amending Ordinance Number 2194-2006 by Amending the Purchase Agreement Authorizing the Sale of Approximately 14.784 Acres of Land Described as Lot A, Baron Park Subdivision, 2006 Replat to Lowe's Home Improvement Warehouse, Inc. (Lowe's) by Adding a "Put Right" for One Year After the Close of the Sale Whereby at Lowe's Option the City of Kenai Would Repurchase the Property for the Purchase Price Paid by Lowe's Minus Any Real Estate Commission Paid by the City of Kenai. E-3a. Substitute Ordinance No. 2249-2007 -- Amending Ordinance Number 2194-2006 by Amending the Purchase Agreement Authorizing the Sale of Approximately 14.784 Acres of Land Described as Lot A, Baron Park Subdivision, 2006 Replat to Lowe's Home Improvement Warehouse, Inc. (Lowe's) by Adding a "Put Right" for One Year After the Close of the Sale Whereby at Lowe's Option, the City of Kenai Would Repurchase the Property for the Purchase Price by Lowe's Minus Any Real Estate Commission Paid by the City of Kenai. Council Member Eldridge MOVED for adoption of Substitute Ordinance No. 2249- 2007 and Council Member Moore SECONDED the motion. There were no public comments. Koch and Attorney Graves noted the following: • The city would be reimbursed for the cost of the second appraisal. • The closing date was scheduled for September 17, 2007. • Administration had authority to extend the agreement and it would be extended to September 18, 2007. VOTE: KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 5 *Student Representative Harding: Absent Boyle Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E-4. New Liquor License -- Richard D. Mullowney, Jr. d/b/a, Alaska Chinook Lodge, Lodge-Seasonal/License #4726. Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of August 1, 2007 -- Approved by consent agenda. F-2. August 8, 2007 City Council Work Session Notes -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Molloy MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Approval -- October 2, 2007/Precinct Election Board Members A list of those persons to be considered as Precinct Election Board Members for the October 2, 2007 election were included in the packet. MOTION: KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 6 Council Member Swarner MOVED to appoint the persons listed as election board members for the October ,2 2007 City of Kenai/Kenai Peninsula Borough election and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Council Member Ross reported his wife was included on the list for appointment. Attorney Graves noted he appreciated Ross disclosing the concern, but because Ross would not be on the ballot, he did not believe there would be a problem in his voting to approve the election precinct board members. VOTE: There were no objections. SO ORDERED. H-4. Discussion -- Report on Work Session/Council Meeting Broadcasting Council Member Molloy reviewed information included in the packet related to options to supplement the videotaping of council meetings discussed by council during budget hearings in April. He noted it was his intent to bring forward a resolution to approve the videotaping program and a Memorandum of Agreement with Kenai Central High School to do the videotaping for consideration at the September 5, 2007 council meeting. Molloy added, the information would be provided to council prior to the meeting and would include a suggested compensation for the school for the service. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the August meeting had been cancelled and reported on upcoming activities at the Center. I-2. Airport Commission -- Council Member Molloy reported there had been no quorum for the August meeting. A brief update of the runway project was given to those present. I-3. Harbor Commission -- Council Member Boyle reported a meeting was held on August 6 (meeting summary was included in the packet) and noted discussions and actions which took place. Mayor Porter reported the Kenai Sportfishing Association had presented the City with its Eagle Award in honor of the additional boat ramp developed at the city dock. I-4. Library Commission -- Council Member Swarner reported the August 7, 2007 meeting summary was included in the packet. KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 7 I-5. Parks & Recreation Commission -- Council Member Moore reported there was no August meeting and noted the thank you letter from the Soccer Association, which was added to the packet at the beginning of the meeting. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the August 8, 2007 meeting minutes which were included in the packet. Porter noted the application of Justin Broyles (added to the packet at the beginning of the meeting) to consider for appointment. Council stated no objections to the appointment. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swarner reported the next meeting would be held on September 11, 2007. I-7b. Alaska Municipal League Report -- Swarner gave a brief report of the AML summer Legislative meeting held in Healy and noted the municipalities were urged to meet with area legislators in October/November. I-7c. Joint Kenai River Working Group -- Council Member Moore reported a meeting was being planned to be held the last week in August. I-7d. Mini -Grant Steering Committee -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She met with Senator Murkowski during her recent visit to Kenai and discussed the bluff erosion project with her. Y Met with the Boys & Girls Club director in regard to the Club's Project Protect. It was explained, due to internal problems at the Club, they were unable to do the beach cleaning after the end of the dip net fishery. Because of that, the Club would not request the funds council set aside for the project. • Boys & Girls Club did not request ALPAR grant funding due to difficulties in acquiring needed insurance. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- Acting City Manager Larry Semmens reported the following: • Department Head mid -month reports were included in the packet. • A credit card payment system had been implemented. • The city would be moving ahead with a Wells Fargo purchasing card. K-2. Attorney -- Attorney Graves reported plans for personal leave for the week. KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 8 K-3. City Clerk -- City Clerk Freas reviewed candidates for mayor and council seats as: Pat Porter and Mike Boyle/Mayor and Barry Eldridge, Hal Smalley, and Joe Moore/Council. ITEM L: L-1. Citizens (five minutes) -- None. L-2. Council Moore -- No comments. Swarner -- Reminded all of the Soup Supper scheduled for Saturday, August 25. Eldridge -- No comments. Ross -- Thanked Mike Tilly and efforts of the Soccer Clubs in hosting and coordinating the state soccer tournament recently held in the Kenai/Soldotna communities. Molloy -- Thanked Parks & Recreation Director Frates and his employees for their efforts related to the soccer tournament as well. Boyle -- 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. 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 -- Evaluation of City Clerk. Council Member Moore MOVED to convene in an executive session of the council of the City of Kenai, concerning matters that could prejudice the reputation and KENAI CITY COUNCIL MEETING AUGUST 15, 2007 PAGE 9 character of another, specifically the annual evaluation of the City Clerk. Council Member Eldridge SECONDED the motion. CONVENED TO EXECUTIVE SESSION: 7:55 P.M. MEETING RECONVENED: 9:36 P.M. Council Member Moore reported the council met in executive session to evaluate the City Clerk. The City Clerk received a positive evaluation and it was the decision of council to increase the Clerk's annual salary to $67,792 effective July 1, 2007. There being no further business before the Council, the meeting adjourned at approximately 9:38 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.