The URL can be used to link to this page

Home My WebLink About2007-03-21 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 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.) 1. Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. 2. Ordinance No. 2217-2007 -- Increasing Estimated Revenues and Appropriations by $190,140 in the Kenai Soccer Park Capital Project Fund. 3. Ordinance No. 2218-2007 -- Increasing Estimated Revenues and Appropriations by $480,000 in the Wildwood Water Main Capital Project Fund. 4. Resolution No. 2007-11 -- Supporting a Marathon Oil Company and ConocoPhillips Company Application for a Two -Year Extension for the Kenai Liquefied Natural Gas Export License. 5. Resolution No. 2007-12 -- Approving a Contract to C.I.C., Inc. for the Project Entitled Kenai Soccer Park Construction - 2007 for the Basic Bid Plus Additive Alternates 2 and 3 for the Total Amount of $265,114.00. Liquor License Renewal -- Roy Dale Howard, d/b/a Kenai doe's -- PROTEST ITEM F: MINUTES *Regular Meeting of March 7, 2007. *February 21, 2007 Work Session Notes ITEM G: ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2219-2007 -- Amending KMC 21.15.190 by Adding a New Subsection (d) to Allow a Lease Applicant to Request a Contractual Right to Purchase the Leased Property at Fair Market Value Within Twelve Months After Completion of the Development as Detailed in the Lease's Development Schedule. 4. *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. 5. *Ordinance No. 2221-2007 -- Increasing Estimated Revenues and Appropriations by $206,415 for Projected Utility Cost Increases. 6. *Ordinance No. 2222-2007 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Redoubt Terrace Bluff View Replat (Preliminary Plat), From Conservation (C) to Suburban Residential IRS). 7. Approval -- Kenai Golf Course/Amendments to Leases -- Rate Changes. 8. Discussion -- Schedule Budget Work Session(s) 9. Discussion -- Sunset Harbor Commission 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 ITEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 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. 2007-05 -- Approving the Lease Form for Leases for Airport Land Outside of the Airport Reserve. (Tabled to April 4, 2007.) Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. (Tabled to April 4, 2007.) 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.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ei.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. OR ROLL CALL The City Clerk took roll. Present were: Robert Molloy Mike Bo le Pat Porter Joe Moore Linda Swarner Barry Eldridge (telephonicall ) Rick Ross A quorum was present. A-3. AGENDA APPROVAL Mayor Porter noted an addition of E4-a, Substitute Resolution No. 2007-11 supporting the continued operation of natural gas industrial facilities on the Kenai Peninsula. MOTION: Council Member Molloy MOVED for approval of the agenda, including the addition of Substitute Resolution No. 2007-11. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Boyle OBJECTED and requested Item H-3 Ordinance No. 2219-2007 be removed from the consent agenda. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 2 ITEM C: UNSCHEDULED PUBLIC COMMENTS Larry Lewis, Wildlife Biologist, Alaska Dept. of Fish and Game, 43961 Kalifornsky Beach Road, Suite B, Soldotna -- Updated Council on the Wildlife Conservation Community Program, a Bear -Safe Neighborhood pilot project initiated within the City of Kenai. Mr. Lewis stated he had been contacted by several communities, both in Alaska and outside Alaska, requesting information on the program. Jason Steen, City of Kenai VISTA Coordinator, KEDS Spokesman, 328 Portlock, Kenai. -- Spoke to the newly proposed liquor license regulation. Upon review of this legislation, KEDS recommended Council support the new legislation pursuant to the summary letter given to Council. Delphia Nelson, Nikiski -- Advocated library expansion because of educational need in our community. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. MOTION: Council Member Molloy MOVED for adoption of Ordinance No. 2216-2007 and Council Member Swarner SECONDED the motion requesting UNANIMOUS CONSENT. Acting City Manager Semmens requested until the April 4, 2007 Council meeting, < City. MOTION: Council postpone action on this Ordinance s FAA has not yet written the grant to the Council Member Swarner MOVED to postpone action on Ordinance No. 2216-2007 until the April 4, 2007 Council meeting and Council Member Molloy SECONDED the motion requesting UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 3 E-2. Ordinance No. 2217-2007 -- Increasing Estimated Revenues and Appropriations by $190,140 in the Kenai Soccer Park Capital Project Fund. Council Member Molloy MOVED for adoption of Ordinance No. 2217-2007 and Council Member Ross SECONDED the motion. There were no public comments. Acting City Manager Semmens stated the ordinance would appropriate a $75,000 Federal grant received through the State of Alaska, Department of Natural Resources (DNR). DNR is taking 12 percent as an administrative fee which is the $16,000 referenced in the ordinance. The City has contributed $115,000 of in -kind services to be used as a match to the $75,000 grant. VOTE: Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2218-2007 -- Increasing Estimated Revenues and Appropriations by $480,000 in the Wildwood Water Main Capital Project Fund. uTi[iTi�[�]c� Council Member Moore MOVED for adoption of Ordinance No. 2218-2007 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Moore noted the compensation to the City for administration of the State grant. VOTE: Molloy Yes Bo le Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 4 Ross I Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2007-11 -- Supporting a Marathon Oil Company and ConocoPhillips Company Application for a Two -Year Extension for the Kenai Liquefied Natural Gas Export License. E-4a. Substitute Resolution No. 2007-11 -- Supporting the Continued Operation of Natural Gas Industrial Facilities on the Kenai Peninsula. Council Member Moore MOVED for adoption of Substitute Resolution No. 2007-11 and Council Member Swarner SECONDED the motion. Public comment included the following: Lindsey Clark, ConocoPhillips, 50153 Coye Ct., Kenai -- Spoke in support of the Resolution. Mr. Clark answered questions regarding existing natural gas supplies; potential drilling plans; and, concerns regarding availability of natural gas for residential and commercial users. Robert Cox, 509 Pine Avenue, Kenai -- Spoke in opposition to the resolution and requested Council look into the repercussions of passage of this resolution. Chris Focia, VIP Subdivision, Kenai -- Spoke in opposition to the resolution. Jim Cooper, 248 Crest Drive, Kenai -- Spoke in opposition to the resolution and of possible negative effects to our communities. Jim Kaufman, 283 Iowa Street, Kenai -- Spoke in opposition to the resolution and expressed concerns with shipping Cook Inlet gas overseas versus first meeting local industrial, commercial and residential needs. Lynden Ibele, Marathon Oil, Anchorage -- Spoke in support of the resolution. Mr. Ibele answered questions regarding existing natural gas supplies; potential drilling plans; and, concerns regarding availability of natural gas for residential and commercial users. BREAK TAKEN: 8:20 P.M. BACK TO ORDER: 8:30 P.M. KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 5 MOTION TO AMEND: Council Member Ross MOVED to amend the final sentence of Substitute Resolution 2007-11 to end with "providing that Department of Energy review confirms that the gas being exported is in excess to that needed to meet local commercial, industrial and residential needs" and Council Member Molloy SECONDED the motion. Public comments included: Chris Focia, VIP Subdivision, Kenai -- Spoke in favor of the amendment. Jim Cooper, 248 Crest Drive, Kenai -- Spoke in favor of the amendment. Jim Kaufman, 283 Iowa Street, Kenai -- Spoke in favor of the amendment. VOTE: Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-5. Resolution No. 2007-12 -- Approving a Contract to C.I.C., Inc. for the Project Entitled Kenai Soccer Park Construction - 2007 for the Basic Bid Plus Additive Alternates 2 and 3 for the Total Amount of $265,114.00. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2007-12 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Moore disclosed the company being awarded the bid was a client of his CPA firm, but he intended to vote on the motion. Council discussion included future change orders and ordinances related to this project and the scope of project. VOTE: Molloy Yes I Boyle I Yes I Porter I Yes KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 6 Moore Yes Swarner Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. E-6. Liquor License Renewal -- Roy Dale Howard, d/b/a Kenai Joe's -- PROTEST MOTION: Council Member Swarner MOVED that City Clerk send a letter of protest to the Alcoholic Beverage Control Board for Roy Dale Howard, d/b/a Kenai Joe's, and Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM F: F-1. F-2. ITEM G: ITEM H: H-1. MOTION: MINUTES Regular Meeting of March 7, 2007 -- Approved by consent agenda. February 21, 2007 Work Session Notes -- Approved by consent agenda. UNFINISHED BUSINESS -- None. NEW BUSINESS Bills to be Ratified Council Member Moore MOVED for ratification of the bills and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED for approval of purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2219-2007 -- Amending KMC 21.15.190 by Adding a New Subsection (d) to Allow a Lease Applicant to Request a Contractual Right to Purchase the Leased Property at Fair Market Value Within KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 7 Twelve Months After Completion of the Development as Detailed in the Lease's Development Schedule. MOTION: Council Member Ross moved to introduce Ordinance No. 2219-2007 and Council Member Swarner SECONDED the motion. Council discussion included the following: • The lease process. • Concerns regarding selling City lands. • Legal concerns to which City Attorney input would be required. VOTE: Molloy Yes Boyle No Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross Yes MOTION PASSED. H-4. 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. Introduced by approval of consent agenda. H-5. Ordinance No. 2221-2007 -- Increasing Estimated Revenues and Appropriations by $206,415 for Projected Utility Cost Increases. Introduced by approval of consent agenda. H-6. Ordinance No. 2222-2007 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Redoubt Terrace Bluff View Replat (Preliminary Plat), From Conservation (C) to Suburban Residential (RS). Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 8 H-7. Approval -- Kenai Golf Course/Amendments to Leases -- Rate Changes. MOTION: Council Member Swamer MOVED to approve "Kenai Golf Course/Amendments to Leases -- Rate Changes" and Council Member Moore SECONDED the motion. VOTE: Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner TYes Eldridge Yes Ross Yes -- MOTION PASSED UNANIMOUSLY. H-8. Discussion -- Schedule Budget Work Session(s) Budget work session set for April 10th at 5 p.m. in City Council Chambers. H-9. Discussion -- Sunset Harbor Commission Mayor Porter reported she has sent several letters to business and property owners in the area, but received no interest from individuals wishing to serve on the Harbor Commission. Vacancies on the Commission contribute to no meeting quorums. She would like to discuss sunseting the Harbor Commission, which would require an Ordinance. Discussion included • Research of possible Ordinances tied to the functions of the Harbor Commission. i Investigate to which Commission should the responsibilities of the Harbor Commission be given. • Administration to draft a memorandum and Ordinance to be presented to Council. ITEM I: COMMISSION/COMMITTEE REPORTS I-l. Council on Aging -- Council Member Boyle reported the last meeting was cancelled and the next meeting is scheduled for April 5, 2007. Mayor Porter referenced Harold Bonner's application to the vacant spot on the Council on Aging and recommended his appointment to that position. There were no objections. KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 9 I-2. Airport Commission -- Council Member Molloy reported the last meeting was March 8 and they discussed airport taxiway designations and minimum standards and requested Cary Graves speak to them on minimum standards to assist in their decision -making. I-3. Harbor Commission -- Council Member Boyle stated they did not meet for lack of a quorum. I-4. Library Commission -- Council Member Swamer referenced the unapproved minutes in the packet; next meeting is April 3, 2007. I-5. Parks & Recreation Commission -- Council Member Moore said the next meeting is April 5, 2007. I-6. Planning & Zoning Commission -- Council Member Ross noted the consideration of a plat at the last Planning and Zoning meeting to be forwarded to the Borough Planning Commission and referenced Ordinance No. 2222-2007 correcting a split zone situation and recommended to Council. Mayor Porter referenced Kim McDonald's application to the vacant spot on the Planning and Zoning Commission and recommended her appointment to that position. There were no objections. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner referenced the unapproved minutes of the last meeting in which Helen Brown was elected Chair and Kay Shearer was elected Vice -Chair for the next year. I-7b. Alaska Municipal League Report -- Council Member Swarner said the next committee meeting on economic development and land use is April 5. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • Attended the dedication of the Kenai Central High School basketball court to the Cliff Massie Court. Attended opening of the snowmachine poker run. Met with Kenai Kennel Club regarding the potential Dog Park. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- Acting City Manager Semmens reported the following: • Testified several times the last week on PERS bills. • Traveling to Juneau to work with AML on PERS issues. • Said City Manager Koch felt his time was well spent in Juneau last week. KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 10 K-2. Attorney -- Not present. K-3. City Clerk -- No comments from Deputy City Clerk Lockwood. ITEM L: DISCUSSION L-l. Citizens Chris Focia, VIP Subdivision, Kenai -- Expressed concern over any potential tax increases. L-2. Council Moore -- Mentioned the first meeting of the Kenai/Soidotna/Borough joint committee on the hydrocarbon problem in the Kenai River is March 26 at 7 pm in Kenai Council Chambers. Swarner -- Requested the Wildlife Conservation Community Program be considered for an AML award. Ross -- No comments. Molloy -- Noted the Airport Commission had requested a memorandum from Administration on the reasons why Administration chose not to implement five recormnendations from the consultants; requested the City Planner make a presentation to Council on Ordinance No. 2222-2007 to clarify any questions Council might have. Boyle -- Agreed with Council Member Molloy on a presentation by the City Planner. Eldridge -- No comments. 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. 2007-05 -- Approving the Lease Form for Leases for Airport Land Outside of the Airport Reserve. ('Fabled to April 4, 2007.) Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. (Tabled to April 4, 2007.) 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 KENAI CITY COUNCIL MEETING MARCH 21, 2007 PAGE 11 by Four -Cycle or Direct Injection Two -Cycle Engines. (1 / 17/07, Tabled, no time certain.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:07 p.m. Minutes submitted by: r� t .�/ i Jenifer CLLockwood, Deputy City Clerk APFXnnan