HomeMy WebLinkAbout2007-06-06 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 6, 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)
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. 2234-2007 -- Increasing Estimated Revenues and
Appropriations by $2,000 in the General Fund for Donations to the Disc
Golf Course.
2. Ordinance No. 2235-2007 -- Increasing Estimated Revenues and
Appropriations by $3,000 in the General Fund for Police Canine
Purchase and Training.
3. Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2007 and Ending June 30, 2008.
a. Substitute Ordinance No. 2236-2007 -- Adopting the Annual
Budget for the Fiscal Year Commencing July 1, 2007 and Ending
June 30, 2008.
4. Ordinance No. 2239-2007 -- Increasing Estimated Revenues and
Appropriations in the Water and Sewer Fund and the Wildwood Water
Main Capital Project Fund to Provide Adequate Funding for the Project.
(Clerk's Note: Administration is requesting the ordinance be introduced, receive a
second reading, and adoption at the same meeting.)
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
C. Motion for Adoption
5. Resolution No. 2007-27 -- Fixing the Rate of Levy of Property Tax for
the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008.
6 Resolution No. 2007-28 -- Transferring $20,250 in the Street
Department to Purchase a Used Dump Truck.
7. Resolution No. 2007-29 -- Transferring $8,762.16 in the PRISM Fund
for Salaries.
8. Resolution No. 2007-30 -- Awarding a Contract to Jackson Enterprises
to Furnish and Deliver Unleaded Fuel and Diesel Fuel No. 1 and No. 2.
9. Resolution No. 2007-31 -- Approving a Contract to D 8s L Construction
Co., Inc. for the Project Entitled Wildwood Water Main - 2007 for the
Total Amount of $431,842 Which Includes the Basic Bid.
10. Resolution No. 2007-32 -- Transferring $22,000 in the General Fund to
Purchase Records Management Software for the Clerk Department.
11. Resolution No. 2007-33 -- Authorizing Approval of a Provisional
Certificate of Public Convenience and Necessity for Kenai Landing, Inc.
("KLI") for Public Water Utility Service.
ITEM F: MINUTES
1. *Regular Meeting of May 16, 2007.
ITEM G:
1. Notice of Reconsideration (Swarner)
(Clerk's Note: Motion to Reconsider must be made, seconded and passed
prior to offering of a motion to adopt Ordinance No. 2230-2007.)
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.
ITEM H:
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2237-2007 -- Amending KMC 23.50.010(b) by Creating
the Job Class/Title of "Administrative Assistant IV" (Class Code 217) and
Placing It at Range 14.
4. *Ordinance No. 2238-2007 -- Amending Title 11 of the Kenai Municipal
Code by Eliminating the City of Kenai Harbor Commission, Reassigning
its Duties to other Entities Within the City of Kenai and Updating
Regulation of the Harbor Area.
5. Approval -- Vacation of the South 33-foot Right -of -Way Easement
Adjacent to Government Lot 94, Reserving a 15-foot Utility Easement.
Original Patent No. 053348, Recorded in Book 31, Page 236, Kenai
Recording District Within Section 34, Township 6 North, Range 11 West,
Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula
Borough. KPB File No. 2007-107; Location: City of Kenai; Petitioners,
John & Sharon Williams of Kenai, Alaska.
Discussion -- Salary Adjustments/City Clerk and City Attorney
7. Discussion -- Historical Cabins/Move from Fort Kenay Site to City of
Kenai Property (Adjacent to the Kenai Historical Society and Kenai Art
Guild Buildings).
8. Discussion -- City of Kenai Community Opinion Poll
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
City Manager
Attorney
City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
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. (1/1 7/07 Tabled, no time
certain.)
Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning
Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone,
Including Parcels Currently Zoned General Commercial, Central Commercial, Light
Industrial and Suburban Residential and is Generally Located North and South of the
Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland
Street and Properties Along Main Street Loop, North Willow Street and Airport Way.
(41412007, Tabled, no time certain.)
-- Annual Evaluations of City Manager, City Clerk and City
Attorney.
ITEM M: ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 6, 2007
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A -I. PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
The City Clerk took roll. Present were:
Barry Eldridge Rick Ross
Robert Molloy
Mike Boyle Pat Porter, Mayor
Joe Moore, Vice Mayor
Linda Swarner
A quorum was present.
MOTION:
Council Member Moore MOVED to approve the agenda and Council Member Molloy
SECONDED the motion.
Mayor Porter noted amendments to be made to the agenda.
Council Member Eldridge MOVED to amend the agenda as follows:
moving Item H-7 to be heard prior to the public hearings.
adding to Item E-3a, memorandum from Finance Director Semmens outlining
changes in the budget.
removing Item E-4, Ordinance No. 2239-2007(b) and (c)
removing Item E-9, Resolution No. 20007-31
adding letter of J. Caldwell/Arctic Barnabas Ministries to Item G-1, Notice of
Reconsideration of Ordinance No. 2230-2007.
adding applications of Bob Peters and Phillip Morin as Information Items 8
and 9.
Council Member Moore SECONDED the motion.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 2
VOTE ON AMENDMENT:
Eldridge
Yes
Ross
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Swarner
Yes
_
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AMENDED MOTION:
Eldridge Yes
Ross
Yes
Molloy Yes
Boyle ( Yes
Porter
Yes
Moore Yes
Swarner Yes
MOTION PASSED UNANIMOUSLY.
A-4.
MOTION:
CONSENT AGENDA
Council Member Eldridge MOVED to approve the consent agenda as presented and
Council Member Molloy SECONDED the motion.
VOTE:
Eldrid e
Yes
Ross
Yes
Molloy
Yes
Bo le
Yes
Porter
Yes
j Moore
Yes
Swarner
I Yes
MOTION PASSED UNANIMOUSLY.
ITEM B: SCHEDULED PUBLIC COMMENTS -- None.
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None.
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
None.
ITEM H: (Clerk's Note: Item H-7 was moved to be heard prior to the public
hearings.)
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 3
H-7s Discussion -- Historical Cabins/Move from Fort Kenay Site to City of
Kenai Property (Adjacent to the Kenai Historical Society and Kenai Art
Guild Buildings).
George Ford, President, Kenai Historical Society -- Reported approval had been
received from the Russian Orthodox Church to transfer ownership of the historic
cabins currently located at Fort Kenay back to the City. Ford discussed the possibility
of recruitment of volunteers and monetary donations to put toward moving of the
buildings (including $3,000 from the Society) to where the old City Hall, Art Guild, and
old Library are situated.
A lengthy discussion took place during which comments included:
• The committee would be open to discussing with Church representatives
the possibility of leaving the buildings at the current site where fencing was already in
place to prevent vandalism and would cut costs considerably.
i Request council be kept informed of costs involved in the proposed
moving of the cabins.
• Support for moving the cabins.
• Request for council's confirmation of the city's desire to accept
ownership.
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Council Member Ross MOVED the city accept ownership and help the committee to
work out a plan on what to do with those cabins. Council Member Eldridge
SECONDED the motion.
Discussion continued with comments including:
• If the city accepts ownership, would it also accept future maintenance,
surround the buildings with a fence which would increase costs.
• Grant funding for renovation of the cabins may be available.
• A walk -around of the buildings indicated some amount of reconstruction
would be required for at least two of the buildings, and moving the buildings, new
foundation construction, fencing, gate, etc. was estimated at approximately $100,000
(without grant funding).
• The buildings were not on the National Register.
• The Society could produce a better estimate of costs within 60 days.
Council Member Moore MOVED to amend the motion to state the city will accept
ownership of the property subject to the Historical Society obtaining cost estimates for
the move. Council Member Eldridge SECONDED the motion.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 4
Ross objected to the motion because the original motion was based on the Society
review all options, which included not moving the cabins.
Council Member Ross MOVED to postpone any action on this item until the committee
has met and come up with a plan as well as cost estimates as to where the buildings
are going to be located. Council Member Moore SECONDED the motion.
Eldridge
No Ross
Yes
Molloy Yes
Boyle
No Porter
Yes
Moore Yes
Swarner
Yes
MOTION PASSED.
ITEM E:
E-1
rNOTUSWA
PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Ordinance No. 2234-2007 -- Increasing Estimated Revenues and
Appropriations by $2,000 in the General Fund for Donations to the Disc
Golf Course.
Council Member Molloy MOVED to adopt Ordinance No. 2234-2007 and Council
Member Swarner SECONDED the motion.
There were no public comments. It was noted, with the additional donations, there
would be 18 holes available and additional sponsorships/donations were expected.
VOTE:
Eldridge Yes Ross Yes Molloy Yes
Boyle Yes Porter Yes Moore Yes
j Swarner Yes
E-2. Ordinance No. 2235-2007 -- Increasing Estimated Revenues and
Appropriations by $3,000 in the General Fund for Police Canine
Purchase and Training.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 5
FTNWCOKA
Council Member Eldridge MOVED for adoption of Ordinance No. 2235-2007 and
Council Member Boyle SECONDED the motion.
There were no public or council comments.
VOTE:
Eldridge
Yes TROSS
Yes Molloy
Yes
Boyle
Ye�Porter
I Yes Moore
Yes
Swarner
Yes
MOTION PASSED UNANIMOUSLY.
E-3. Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2007 and Ending June 30, 2008.
E-3a. Substitute Ordinance No. 2236-2007 -- Adopting the Annual Budget
for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008.
MOTION:
Council Member Ross MOVED adoption of Ordinance No. 2236-2007, the substitute
and Council Member Eldridge SECONDED the motion.
Leslie Krusen, 1506 Toyon Way, Kenai -- Spoke in support of broadcasting council
meetings through live internet streaming as it would reach a larger audience.
Janie Odgers, Kenai Chamber of Commerce -- As a member of the KEDS Quality of
Life/Old Town Committee, requested new signs be attached to the wooden signs
placed in front of historic buildings along the walking tour of Old Town. Noted
preliminary cost information would be $1,575 and requested funding be included in
the budget for the purchase, including three new signs for buildings outside of the
historic district.
A brief discussion followed regarding the suggested new signs. Council Member Boyle
stated he supported refurbishment of the old signs.
Larry Semmens, Finance Director -- Reviewed information distributed to council at
the beginning of the meeting indicating changes made during budget work sessions.
He also discussed Airport Fund balances, how to increase the Airport Permanent
Fund, land values, etc.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 6
Council Member Eldridge suggested including $5,000 additional funding into the
budget for purchase of additional banners to place on all the light poles along Willow
Street, Main Street Loop, and Airport Way.
Council Member Eldridge MOVED to amend Ordinance No. 2236-2007 by adding
$5,000 to the Parks & Recreation budget for the purpose of getting banners
appropriately placed along streets in downtown Kenai. Council Member Moore
SECONDED the motion.
Objections were stated related to amending the budget because the budget was
reviewed and changes made during the budget work sessions. Appropriation of funds
could be made by ordinance for items suggested (media, banners, etc.) and
considered.
WITHDRAWAL OF MOTION TO AMEND:
Council Member Eldridge withdrew his motion with the consent of the second.
MOTION TO AMEND:
Council Member Molloy MOVED to amend Ordinance No. 2236-2007 by adding
$10,000 in Legislative Miscellaneous for the broadcasting council meetings. Council
Member Boyle SECONDED the motion.
Molloy noted, he wanted to include the funding in the budget as a commitment for
broadcasting meetings whether by cable, audio streaming, etc. Ross stated his
objection to the motion as funding could be appropriated from fund balance when
more definite information was offered as a specific plan.
VOTE ON AMENDMENT:
Eldrid e
No
Ross
No
Molloy
Yes
Boyle
Yes
Porter
No
Moore
No
Swarner
(No
__
VOTE ON MAIN MOTION:
Eldrid e Yes Ross Yes Mollo Yes
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 7
Boyle Yes Porter Yes Moore Yes
Swarner Yes j
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E-4. Ordinance No. 2239-2007 -- Increasing Estimated Revenues and
Appropriations in the Water and Sewer Fund and the Wildwood Water
Main Capital Project Fund to Provide Adequate Funding for the Project.
(Clerk's Note: Initially, administration requested the ordinance be introduced,
receive a second reading, and adoption at the same meeting.)
E-4a. MOTION FOR INTRODUCTION
Council Member Swarner MOVED to introduce Ordinance No. 2239-2007 and Council
Member Molloy SECONDED the motion.
There were no public comments. City Manager Koch explained the need for the
ordinance; the Corps had informed the city of the design would have the line placed
through possible contaminated soil on the Wildwood Facility property; he requested a
statement from the Department of Corrections the city would not be held liable for
contractor delays, etc. due to the design and soil issues in writing; and, scope and cost
of the project may change if the State amended its design. Koch also explained, the
project would be in the best interest of the city as it would bring water up Fifth Street
in the Mommen Subdivision and to the 77-acre Mommsen parcel to be developed by
Frontier Services, etc.
E-4b. Motion for Second Reading (Requires a Unanimous Vote)
Removed from agenda.
E-4c. Motion for Adoption
Removed from agenda.
VOTE ON INTRODUCTION:
Eldridge
Yes Ross
Yes
Molloy
Yes
Boyle
Yes Porter
Yes
Moore
Yes
L Swarner
I Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 8
E-5. Resolution No. 2007-27 -- Fixing the Rate of Levy of Property Tax for
the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008.
Council Member Eldridge MOVED for approval of Resolution No. 2007-27. Council
Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT.
There were no public or council comments.
There were no objections. SO ORDERED.
E-6. Resolution No. 2007-28 -- Transferring $20,250 in the Street
Department to Purchase a Used Dump Truck.
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2007-28 and
requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
There were no public comments. It was noted, the old truck would either be kept for
parts or go to auction.
VOTE:
There were no objections. SO ORDERED.
E-7. Resolution No. 2007-29 -- Transferring $8,762.16 in the PRISM Fund
for Salaries.
MOTION:
Council Member Moore MOVED for approval of Resolution No. 2007-29 and Council
Member Eldridge SECONDED the motion.
There were no public comments. It was explained the salaries had been paid, the
resolution would place the funds in the appropriate account, and it was a
housekeeping measure.
VOTE:
Eldridge Yes Ross I Yes Molloy Yes
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 9
Boyle
Yes
Porter
Yes
Moore
Yes
Swarner
Yes
MOTION PASSED UNANIMOUSLY.
E-8. Resolution No. 2007-30 -- Awarding a Contract to Jackson Enterprises
to Furnish and Deliver Unleaded Fuel and Diesel Fuel No. 1 and No. 2.
Fkr) RIF 6k
Council Member Molloy MOVED for approval of Resolution No. 2007-30. Council
Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-9. Resolution No. 2007-31 -- Approving a Contract to D &, L Construction
Co., Inc. for the Project Entitled Wildwood Water Main - 2007 for the
Total Amount of $431,842 Which Includes the Basic Bid.
Removed from agenda.
E-10. Resolution No. 2007-32 -- Transferring $22,000 in the General Fund to
Purchase Records Management Software for the Clerk Department.
Council Member Molloy MOVED for approval of Resolution No. 2007-33, Council
Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-11. Resolution No. 2007-33 -- Authorizing Approval of a Provisional
Certificate of Public Convenience and Necessity for Kenai Landing, Inc.
("KLI") for Public Water Utility Service.
MOTION:
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 10
Council Member Swarner MOVED for approval of Resolution No. 2007-33 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
Jon Faulkner, 2021 Bowpicker Lane/4621 Bastille Road, Homer -- Stated his
support of the agreement, however requested reassurance that if the city reacquired
the utility in the future, the city would purchase the underground infrastructure.
City Manager Koch noted the agreement indicated the cost of putting the pipes into
the ground, absent the well site, would come to the city at no cost and the city would
have the option to purchase the well and pump facility at appraised value which was
developed by the Kenai Landing, Inc. Upon further review Faulkner noted, the "be it
further resolved" paragraph of the resolution answered his questions.
VOTE:
There were no objections. SO ORDERED.
ITEM F: MINUTES
F-1. Regular Meeting of May 16, 2007 -- Approved by consent agenda.
ITEM G:
G-1. Notice of Reconsideration (Swarner)
(Clerk's Note: Motion to Reconsider must be made, seconded and passed prior to
offering of a motion to adopt Ordinance No. 2230-2007.)
MOTION:
Council Member Swarner MOVED for reconsideration of Ordinance No. 2230-2007
and Council Member Molloy SECONDED the motion.
VOTE:
Eldridge
No
Ross
No Molloy Yes
Boyle
Yes
Porter
No Moore Yes
Swarner
Yes
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 11
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.
Jason Carroll, First National Bank -- Stated his support of Ordinance No. 2230-2007
noting a 35-year lease was a huge disincentive for developing the airport.
Eric Mayer, 33125 Belaire, Soldotna, AK -- Noted he was representing Arctic
Barnabas Ministries and stated his support of Ordinance No. 2230-2007 and a 55-
year lease.
Council discussion followed, with comments including:
® Value of investment of the leaseholder and not recognized is a detriment
to the developers.
• The KEDS recommended the 55-year lease; Administration review
recommended 55 year leases; it is in the best interest of the city; and, council should
listen to those who deal with the issue on a day-to-day basis.
® Lease terms should be similar to other airports in the state to keep
business in Kenai.
• The Airport Commission recommendation was to stay with the 35-year
lease with a contractual right to negotiate up front in order to balance what is
currently needed and what would be needed in the future.
• A 55-year lease would have value to the lessee to transfer.
• Because there were no businesses, bankers, etc. who gave testimony at
the Airport Commission during its review of the draft ordinance, suggestion was made
to have the Commission discuss the issue again with comments from businesses, etc.
and include in its packet, the memorandum from City Manager Koch which was
included in the council packet.
• Concern a lessee could tic up land and not develop it.
Council Member Swarner MOVED to postpone action on Ordinance No. 2230-2007
until July 18, 2007 and Council Member Molloy SECONDED the motion.
It was noted, the postponement of action would allow the issue to be returned to the
Airport Commission for further review, including input from business people, etc.
VOTE:
Eldridge
Yes
Ross
Yes
Molloy
Yes
Boyle
No
( Porter
( Yes
Moore
Yes
Swarner
Yes
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 12
MOTION PASSED.
• r-r
ITEM H:
9:14 P.M.
9:25 P.M.
NEW BUSINESS
H-1. Bills to be Ratified
Council Member Molloy MOVED to ratify the bills. Council Member Moore
SECONDED the motion and -requested UNANIMOUS CONSENT.
VOTE:
There were no objections. SO ORDERED.
H-2. Approval of Purchase Orders Exceeding $15,000
RT)r*3ffC*XA
Council Member Swarner MOVED for approval of the purchase orders exceeding
$15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge
SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
H-3. Ordinance No. 2237-2007 -- Amending KMC 23.50.010(b) by Creating
the Job Class/Title of "Administrative Assistant IV" (Class Code 217) and
Placing It at Range 14.
Introduced by approval of consent agenda.
H-4. Ordinance No. 2238-2007 -- Amending Title 11 of the Kenai Municipal
Code by Eliminating the City of Kenai Harbor Commission, Reassigning
its Duties to other Entities Within the City of Kenai and Updating
Regulation of the Harbor Area.
Introduced by approval of consent agenda.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 13
H-5. Approval -- Vacation of the South 33-foot Right -of -Way Easement
Adjacent to Government Lot 94, Reserving a 15-foot Utility Easement.
Original Patent No. 053348, Recorded in Book 31, Page 236, Kenai
Recording District Within Section 34, Township 6 North, Range 11 West,
Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula
Borough. KPB File No. 2007-107; Location: City of Kenai; Petitioners,
John & Sharon Williams of Kenai, Alaska.
MOTION:
Council Member Molloy MOVED for approval of the described request for vacation and
Council Member Eldridge SECONDED the motion.
VOTE:
Eldridge
Yes
Ross
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Yes
Swarner
Yes
MOTION PASSED UNANIMOUSLY.
H-6. Discussion -- Salary Adjustments/City Clerk and City Attorney
Moore requested a line item be added to the Finance Director's memorandum included
in the packet, to include a two percent cost of living increase to the city manager's
salary.
MOTION:
Council Member Moore MOVED to approve the two percent cost of living allowance
increases as indicated on the list included in the packet, with the addition of the city
manager to the list, indicating current salary as $98,440, with 2% COLA increase of
$1,169.00 and making the new budgeted salary $100,409. Council Member Swarner
SECONDED the motion and requested UNANIMOUS CONSENT.
VLSI a
There were no objections. SO ORDERED.
H-7. Discussion -- Historical Cabins/Move from Fort Kenay Site to City of
Kenai Property (Adjacent to the Kenai Historical Society and Kenai Art
Guild Buildings).
Discussed prior to public hearings.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 14
H-8. Discussion -- City of Kenai Community Opinion Poll
Koch noted the inclusion of the poll results in the council packet and asked if council
wanted administration to move forward with two propositions to be included on the
October ballot, i.e. one $2 million bond proposition for bluff erosion and one $2 million
bond proposition for the proposed library expansion. It was noted a proposal for bond
counsel was being prepared, funds would need to be appropriated for bond counsel
costs, bond resolutions (including proposition language) would need council approval,
and the wording for the propositions would need to be forwarded to the Borough Clerk
by August 16, 2007. Council consensus was to move forward with the bond
proposition preparations.
ITEM is COMMISSION/COMMITTEE REPORTS
I-1. Council on Aging -- Council Member Boyle reported the June 14, 2007
meeting was cancelled.
I-2. Airport Commission -- Council Member Molloy reported the next
meeting would be held on June 14, 2007.
I-3. Harbor Commission -- Council Member Boyle reported the May and
June meetings were cancelled.
Mayor Porter requested the current Commission members be contacted to learn
whether they would be interested in continuing their membership on the Commission
and any new appointments would be held until commitments were received from the
current members.
I-4. Library Commission -- Council Member Swarner reviewed discussions
and actions taken at the June 5, 2007 Commission meeting, noting the July
commission meeting would be cancelled. It was also noted, the commission passed a
motion recommending council placing a $2 million bond proposition on the October
ballot related to the proposed library expansion.
I-5. Parks & Recreation Commission -- Council Member Moore reported the
next meeting would be held on July 5.
I-6. Planning & Zoning Commission -- Council Member Ross reviewed the
minutes of the May 23, 2007 Commission meeting which were included in the packet.
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee -- Council Member Swarner reported the
next meeting would be held July 10.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 15
I-7b. Alaska Municipal League Report -- Council Member Swarner reported
she would be attending the Summer Legislative Committee meeting in Healy August
8-11.
I-7e. Joint Kenai River Working Group -- Council Member Moore reported
the new regulations had been published and a meeting would be scheduled for the
Working Group to discuss them.
I-7d. Mini -Grant Steering Committee -- Mayor Porter reviewed the meeting
summary of the Committee's May meeting which were included in the packet.
ITEM J: REPORT OF THE MAYOR -- No report.
ITEM K:
K-1. City Manager -- City Manager Koch reported the following:
• He met with representatives of Wal-Mart and government agencies,
reviewing the site plan and discussing modifications required.
• Suggestion council discuss the proposed Department of Natural
Resources (DNR) regulations related to the Kenai River; with council direction,
administration would prepare an ordinance mirroring the DNR regulations for below
the bridge.
• He will be preparing a request for proposal for project design services for
reconstruction of Marathon Road and Wildwood Drive in the next several weeks
(legislative funding will be provided for the projects).
• Updated council on progress of paving projects.
• Will direct the library to close on Sundays through Labor Day.
A brief discussion took place related to a city booth at the Global Food conference
being held in the area.
K-2. Attorney -- City Attorney Graves reported he would be attending the
next Airport Commission meeting to discuss two draft ordinances related to the
Airport Commission. Graves noted the 35/55-year lease issue may be placed on the
July meeting agenda instead of the June meeting. Council had no objections.
In response to a question related to the DNR regulations and if the Board of Fisheries
would not address hydrocarbons in the Kenai River below the bridge by means and
methods, would the city be ready to implement some rules and regulations of its own,
Graves stated he would prepare a report on the best way to implement city rules and
regulations.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 16
Other comments included:
• Would the council want to allow only two-cycle engines in July on certain
days in order to reduce pollution (some dip net participants may be using larger
engines).
• Wait for the working group comments/recommendations and push the
means and methods before Fish 8a Game which would take care of the major amount
of pollution without getting into uses going into open water versus up the river.
• Suggestion the make-up of the Airport Commission be reviewed due to
the ordinances being brought forward giving more authority to the members, i.e. other
than aviation oriented. Graves stated he would prepare a memorandum related to
current commission member requirements and other ideas.
• Finance Director Semmens noted the memorandum included in the
packet identifying the check signers and other bank information.
K-3. City Clerk -- No report.
ITEM L:
L-l. Citizens (five minutes)
Bob Peters, Old Town -- Commented on Commission members volunteering to shelve
books and suggested the return of the one-half time employee at the library be
investigated.
L-2. Council
Moore -- Stated he would buy fuel at the city dock during the summer.
Swarner -- Noted Hunger Awareness Day was acknowledged at the Kenai
Chamber lunch and the Borough Assembly meeting; congratulated Council Member
Ross on the birth of a new granddaughter; and, asked if and of the properties noted
available for sale could be potential water well sites. Koch stated he would report back
on the question.
Eldridge -- Stated he was looking forward to his first executive session.
Ross -- Stated he enjoyed the opinion poll and noted the large amount of
comments identifying the need for retail shopping, economic development and all the
positive comments related to the Wal-Mart development.
Molloy -- Thanked Koch and Semmens on the budget preparation, etc.
Boyle -- No comments.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 17
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. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning
Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone,
Including Parcels Currently Zoned General Commercial, Central Commercial, Light
Industrial and Suburban Residential and is Generally Located North and South of the
Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland
Street and Properties Along Main Street Loop, North Willow Street and Airport Way.
(41412007, Tabled, no time certain.)
EXECUTIVE SESSION -- Annual Evaluations of City Manager, City Clerk and City
Attorney.
MOTION:
Council Member Moore MOVED to convene into an executive session of the council of
the City of Kenai concerning matters that tend to prejudice the reputation or character
of another. The purpose of the executive session would be to hold the annual
evaluations of the city manager, city attorney and city clerk. Council Member Ross
SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
BREAK FOR EXECUTIVE SESSION: 10:15 P.M.
BACK TO ORDER: 10:32
Ross reported the council met to set up a process for evaluation of the city manager,
city clerk and city attorney. The council determined they would like all (manager,
clerk and attorney) of them to submit to the council some written goals for the next
evaluation period. The city manager had essentially done that but would like him to
review them and could make modifications if he would like. The evaluation of the city
manager would be held at the June 20 council meeting; the city clerk at the July 3
council meeting; and the city attorney at the July 18 council meeting.
KENAI CITY COUNCIL MEETING
JUNE 6, 2007
PAGE 18
Ross added, the process council intended to follow would be the council meeting and
discussing briefly the evaluation and goals, call the individual to be evaluated in, hold
a mutual interview of the parties, and following the interview, a written evaluation
would be prepared and presented by the mayor and vice mayor to each of the
individuals.
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 10:35 p.m.
Minutes submitted by:
Carol L. Freas, City Clerk
PXPROVED By