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HomeMy WebLinkAbout2007-04-18 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING APRIL 18, 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) 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. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2216-2007 was postponed to the April 4, 2007 council meeting and then postponed to the April 18, 2007 Council Meeting. The original motion of March 21, 2007 to approve the ordinance is active. 2. Ordinance No. 2223-2007 -- Increasing Estimated Revenues and Appropriations by $75,000 in the Soccer Park Capital Project Fund. 3. Ordinance No. 2224-2007 -- Increasing Estimated Revenues and Appropriations by $322,000 in the Streets and Sewer Capital Project Fund for Public Road, Water, and Sewer Improvements. 4. Resolution No. 2007-17 -- Transferring $30,000 in the General Fund for Lighting and Security Improvements at the Multi -Purpose Facility. 5. Resolution No. 2007-18 -- Approving the City of Kenai Emergency Operations Plan and Authorizing Its Execution by the Mayor and City Manager. 6, Resolution No. 2007-19 --'transferring $14,250 in the Airport Fund for Crack Sealing. *Liquor License Renewals • Peninsula Moose Lodge #2494 (Club) • Pizza Paradisos #3032 (Beverage Dispensary) Oaken Keg Spirit Shop #58 (Package Store) Rosita's Mexican Restaurant #3039 (Beverage Dispensary) ITEM F: MINUTES 1. *Regular Meeting of April 4, 2007. 2. *April 10, 2007 Budget Work Session Notes. ITEM G: UNFINISHED BUSINESS f9 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2225-2007 -- Amending KMC 14.20.030 by Adding the Central Mixed Use Zone (CMU) to the Last of Established Zones. 4. *Ordinance No. 2226-2007 -- Amending KMC 23.50.010 by Changing the Range of the Planner (Class Code 117) From a Range 14 to a Range 16. 5. *Ordinance No. 2227-2007 -- Amending KMC 21.10.080 by Adding a Section that Allows the Council by Resolution to Grant a Lessee the Contractual Right to a Lease Renewal Upon Such Terms and Conditions as the Council Determines are in the Best Interest of the City. 6. *Ordinance No. 2225-2007 -- Amending KMC 7.32.020 and 7.32.030 by Repealing the Existing Language and Replacing it With New Language to Reflect Changes in Government Accounting Practices While Keeping the Requirement of a $500,000 Restricted Cash Reserve for Repair and Maintenance of the Congregate Housing Facility. 7. Approval -- Rescission of Lease/Lot 8, Block 2, Cook Inlet Industrial Air Park -- Julie Latta, d/b/a Kenai Airport Hotel. 8. Approval -- Kenai Municipal Library, Non -Alaska Resident Fee. ITEM I: 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 Cominittee b. Alaska Municipal League Report 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 (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Resolution No. 2007-06 (Substitute) -- Approving the Lease Form for Leases of Airport Reserve Property. (Postponed, no time certain.) 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. (4/4/2007, Tabled, no time certain.) EXECUTIVE SESSION -- None Scheduled ITEM M: KENAI CITY COUNCIL - REGULAR MEETING APRIL 18, 2007 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. 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: Pat Porter, Mayor Joe More, Vice Mayor Linda Swarner Barry Eldridge Rick Ross Robert Molloy Mike Boyle A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted a sample of non-resident fees in libraries was available to add to Item H-8. MOTION: Council Member Molloy MOVED for approval of the agenda with the added information to Item H-8. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Mollo Yes Bo le Yes KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 2 MOTION PASSED UNANIMOUSLY. A-4. CONSENT AGENDA MOTION: Council Member Ross MOVED to remove Item F-1, Minutes of April 4, 2007 Council Meeting from the consent agenda. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes PorterI Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. MOTION TO APPROVE: Council Member Moore MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS Matthew B. Peters, Mission Avenue, Kenai -- Spoke in support of the proposed library expansion. Kathy Heus, 4540 Kenaitze Court, Kenai -- Spoke in opposition to a $25.00 two- year non-resident fee for use of the Kenai Community Library and suggested a one year fee of $12.50. Jim Butler, 125 North Willow Street, Kenai -- Mr. Butler gave an update related to the Snug Harbor Seafoods barge which broke free from its mooring and was currently submerged at the mouth of the river. Noting damages caused to the vessel from ice movement, Butler reported safety efforts being taken and to be taken for recovery personnel as well as public. It was also stated, the City's immediate point of contact was the city manager. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 3 ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2216-2007 was postponed to the April 4, 2007 council meeting and then postponed to the April 18, 2007 Council Meeting. The original motion of March 21, 2007 to approve the ordinance is active. City Manager Koch reported the funding had been approved by FAA and the project was ready to be moved forward, including the change order to Quality Asphalt (included with purchase orders exceeding $15,000). VOTE: *Student Representative DeMello: Yes Porter I Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Mollo Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2223-2007 -- Increasing Estimated Revenues and Appropriations by $75,000 in the Soccer Park Capital Project Fund. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2223-2007 and Council Member Swarner SECONDED the motion. There were no public or council comments. ii� *Student Representative DeMello: Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes j Ross Yes Mollo Yes Boyle Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 4 E-3. Ordinance No. 2224-2007 -- Increasing Estimated Revenues and Appropriations by $322,000 in the Streets and Sewer Capital Project Fund for Public Road, Water, and Sewer Improvements. MOTION: Council Member Molloy MOVED for adoption of Ordinance No. 2224-2007 and Council Member Eldridge SECONDED the motion. There were no public comments. It was noted, the funds were received from the last legislative session for public roads, water and sewer improvements. A portion of the funding would be used for some of the planned street and water improvements, including local assessment districts. VOTE: *Student Representative DeMello: Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes M0112Y Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2007-17 -- Transferring $30,000 in the General Fund for Lighting and Security Improvements at the Multi -Purpose Facility. MOTION: Council Member Moore MOVED for approval of Resolution No. 2007-17 and Council Member Eldridge SECONDED the motion. There were no public comments. MOTION TO AMEND: Council Member Moore MOVED to amend by inserting a "whereas" as the second "whereas," stating, "Whereas, funds are available in the Athletic Reserve Fund; and," and inserting in the "Now, therefore..." paragraph, "the Athletic Reserve Fund balance will be reduced for this expenditure." Council Member Swarner SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 5 Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Mollo Yes Boyle Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative DeMello: Yes Porter Yes Moore Yes iSwamer I Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes ( I _ I MOTION PASSED UNANIMOUSLY. E-5. Resolution No. 2007-18 -- Approving the City of Kenai Emergency Operations Plan and Authorizing Its Execution by the Mayor and City Manager. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2007-18. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. It was noted, components of the Emergency Operations Plan would have been used to respond to the barge -sinking incident discussed earlier in the meeting, as well as other like incidents where the city would be the first responders. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone action on the resolution until the May 2, 2007 council meeting. Council Member Boyle SECONDED the motion. VOTE: *Student Representative DeMello: Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 6 Resolution No. 2007-19 —Transferring $14,250 in the Airport Fund for Crack Sealing. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2007-19. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. A16116 There were no objections. SO ORDERED. E-7. Liquor License Renewals • Peninsula Moose Lodge#2494 (Club) • Pizza Paradisos #3032 (Beverage Dispensary) • Oaken Keg Spirit Shop #58 (Package Store) • Rosita's Mexican Restaurant #3039 (Beverage Dispensary) Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of April 4, 2007 -- Removed from consent agenda for research related to discussion of Resolution No. 2007-06 and possible corrections. MOTION TO POSTPONE: Council Member Ross MOVED to postpone approval of the April 4, 2007 council meeting minutes and administration not include its discussion on the Planning & Zoning Commission meeting agenda. Council Member Molloy SECONDED the motion. VOTE: "Student Representative DeMello: Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Molloy Yes Bo le Yes MOTION PASSED UNANIMOUSLY. F-2. April 10, 2007 Budget Work Session Notes -- Approved by consent agenda. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 7 ITEM G: ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: -- None. Council Member Molloy MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2225-2007 -- Amending KMC 14.20.030 by Adding the Central Mixed Use Zone (CMU) to the List of Established Zones. Introduced by approval of the consent agenda. H-4. Ordinance No. 2226-2007 -- Amending KMC 23.50.010 by Changing the Range of the Planner (Class Code 117) From a Range 14 to a Range 16. Introduced by approval of the consent agenda. H-5. Ordinance No. 2227-2007 -- Amending KMC 21.10.080 by Adding a Section that Allows the Council by Resolution to Grant a Lessee the Contractual Right to a Lease Renewal Upon Such Terms and Conditions as the Council Determines are in the Best Interest of the City. Introduced by approval of the consent agenda. H-6. Ordinance No. 2228-2007 -- Amending KMC 7.32.020 and 7.32.030 by Repealing the Existing Language and Replacing it With New Language to Reflect Changes in Government Accounting Practices While Keeping the Requirement of a $500,000 Restricted Cash Reserve for Repair and Maintenance of the Congregate Housing Facility. Introduced by approval of the consent agenda. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 8 H-7. Approval -- Rescission of Lease/Lot 8, Block 2, Cook Inlet Industrial Air Park -- Julie Latta, d/b/a Kenai Airport Hotel. MOTION: Council Member Molloy MOVED for approval of the Rescission of Lease and Council Member Eldridge SECONDED the motion. Well *Student Representative DeMello: Yes PorterI Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. H-8. Approval -- Kenai Municipal Library, Non -Alaska Resident Fee. MOTION: Council Member Swamer MOVED to establish a $25.00 user fee for out-of-state residents using the Kenai Municipal Library for a two-year period and Kenai property owners with a primary residence out of state would be exempt of the fee. Council Member Moore SECONDED the motion. Discussion followed with discussion including: • Difference between out-of-state users and in -Borough but non -city resident users. • Difficulty in identifying City of Kenai residents due to U.S. Postal Service addressing. Fee would assist in covering costs of books lent to out-of-state users and not returned prior to their leaving the area. • The fee would be charged only for checking out books (including audio books). Bob Peters, Library Commission Chair -- Reported the purpose of the fee would be to recover funds for non -returned books. MOTION: Council Member Ross MOVED to return the issue to the Library Commission and discuss a fee for out -of -area (non -Kenai Peninsula residents) as well as the out-of-state users for purposes of discussion. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 9 VOTE: *Student Representative DeMello: Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. Administration was requested to submit an estimate of dollars associated with the fee for out-of-state and out -of -area users and what amount of actual book losses have there been during the last year or so when the issue is returned to council. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:15 P.M. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle noted the April 5 meeting summary was included in the packet and reported the membership discussed proposed by-law changes, is recommending the monthly meeting is held on the second Thursday of the month, and discussed Meals -on -Wheels fundraising events. I-2. Airport Commission -- Council Member Molloy reported on discussions which took place at the joint work session of the Airport Commission and Council related to the Kenai Municipal Airport Supplemental Plan. I-3. Harbor Commission -- No report. I-4. Library Commission -- Council Member Swarner reported the April 3, 2007 meeting summary was included in the packet and noted it was National Library Week. I-5. Parks & Recreation Commission -- Council Member Moore reported the April 5, 2007 meeting surmnary was included in the packet; noted Dale Sandahl was elected as Chair, Todd Wortham Vice Chair; the membership recommended purchase of a new Zamboni for the multipurpose facility; and, the membership recommended the Commission meet quarterly. I-6. Planning & Zoning Commission -- Council Member Ross reported Rita Smagge was sworn in as a commissioner and no public hearings were held during the April 11 meeting. I-7. Miscellaneous Commissions and Committees KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 10 I-7a. Beautification Committee -- Council Member Swarner reported the April 10, 2007 meeting summary was included in the packet and reminded all June 2 was scheduled as Plant Day. I-7b. Alaska Municipal League Report -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • Since Jason Steen would be leaving city employment as the Economic Development Director, a replacement was needed for the city's representative to the Economic Development District Board of Directors. Porter noted Andrew Riddell, Wells Fargo Bank had been highly recommended as Steen's replacement by representatives of the Economic Development District. Council had no objections. • Requested a copy of budgets be made available to members of commissions/corornittees on a yearly basis. • She and members of the Kenai Historical Society are still working on moving of historical cabins currently situated behind Fort Kenay. • She participated in the Kenai Chamber of Commerce Bowling Tournament. • She made a presentation during the Kenai Central High School "Drinking and Driving Awareness Program" and commended Kenai Police Officer Kelly George for his command of the student audience. • The "Trees on Willow Street" program was moving forward. • She would be speaking at a Girl Scout Leadership Tea. Administration noted, damage from ice in the river had not yet been detected, except for the barge incident, because the river was still packed with ice. Kenai River Working Group -- Council Member Moore reported the joint proposal to the Board of Fisheries had been submitted and the group would not be meeting again until a response is received from other agencies related to regulation changes or the Board of Fisheries related to the submitted proposal. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following items: • The Legislature had postponed indefinitely its hearing on PERS. • Senator Wagoner had contacted him to discuss a request he would be making to re -appropriate construction funds put aside for the Spur Highway upgrade project. Suggested alternative projects within the city were made, including realignment of Marathon Road and connecting to Airport Way; upgrade of Beaver Loop Road; Wildwood Drive upgrade; and, miscellaneous gravel road upgrades. Cost estimates were forwarded to Senator Wagoner. • He spoke with Department of Natural Resources Deputy Commissioner and learned there had been no commitment as to the form of the regulations to be KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 11 made related to the river, however it was the desire of the Commissioner to be fair, protect the river, and sign the regulations by the end of April. • Thanked staff and council for their efforts in the process of preparing the budget. i Received notification from Lowe's they would not be moving forwarding with construction during the summer of 2007, however they would continue to work on the project. • Engineers working on the Wal-Mart project had been in the area following up on comments made related to the Corps of Engineers permit process and are moving forward on the project. • An end -of -the -ice barbecue was held at the multipurpose facility was well attended. Ice will be put back in for a preparation camp and try -out process in May. Koch noted, the Lowe's delay was not due to soil geotechnical issues, but partly due to their redesigning of the facility and partly because of building costs. K-2. Attorney -- City Attorney Graves reported the following: • Referred to his memorandum in the packet and noted the draft ordinance related to the sunsetting of the Harbor Commission and reassignment of responsibilities would be forwarded to the Planning & Zoning Commission for review prior to being forwarded for introduction by council. • Referred to his memorandum included in the packet relating to the Airport Reserve Lease Form and noted the form would be introduced to council at the next meeting with changes suggested by KEDS. • He will be working on minimum standards with the Airport Commission and attending an October class in that regard. K-3. City Clerk -- No report. ITEM L: L-1. Citizens Marion Nelson, 44665 Tower Hills Street, Kenai -- Noted the following: • Provided council with a copy of the 2007 Milepost. • Noted a Central Peninsula Gardening Club was established. L-2. Council Ross -- No comments. DeMello -- Reported on activities taking place at Kenai Central High School. Eldridge -- Stated his regret with the delay in the Lowe's development. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 12 Swarner -- Reported she would not be in attendance at the May Beautification Committee meeting and the May 16, 2007 council meeting. Moore -- • Requested a report on the status of the leases in the city and progress on improvements they may be making. • Requested update of buildings in the city with code enforcement issues. • Requested "Free Vehicle Parking and Boat Launching for City of Kenai residents during Dip net Fishing Season" as a discussion item for the next meeting. • Passed on his thanks to Finance Department employee Robin Feltman with the announcement of her impending retirement from the City of Kenai. Molloy -- Requested information for the May 2, 2007 to be included with Ordinance No. 2226-2007 including education required, qualifications required, and other jobs equivalent to a Range 16. Porter -- Reported she had assembled a team for the Quiz Bowl, fundraiser. ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Resolution No. 2007-06 (Substitute) -- Approving the Lease Form for Leases of Airport Reserve Property. (Postponed, no time certain.) 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. (4/4/2007, Tabled, no time certain.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:55 p.m. KENAI CITY COUNCIL MEETING APFIL 18, 2007 PAGE 13 Minutes submitted by: Carol L. Freas,� City Clerk *The student may cast advisory votes on alt 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.