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HomeMy WebLinkAbout2007-03-07 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 7, 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) 1. Jon Faulkner, Kenai Landing -- Request for the City to Temporarily Relinquish a Portion of Water Service Area. 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. 2215-2007 -- Increasing Estimated Revenues and Appropriations by $1,212 in the General Fund for a Library Grant 2. Resolution No. 2007-09 -- Pledging a Contribution of $2,500 to the Proposed Statewide Methamphetamine Abuse Education Campaign. 3. Resolution No. 2007-10 -- Authorizing City of Kenai Mayor Porter to Sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2007-01, Responding to the Clean Water Act Section 303(d) Impaired Status Designation of the Kenai River. ITEM F: MINUTES 1. *Regular Meeting of February 21, 2007. 2. *12/12/06 Work Session Notes. 3. *12/15/06 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. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. 4. *Ordinance No. 2217-2007 -- Increasing Estimated Revenues and Appropriations by $190,1.40 in the Kenai Soccer Park Capital Project Fund. 5. *Ordinance No. 2218-2007 -- Increasing Estimated Revenues and Appropriations by $480,000 in the Wildwood Water Main Capital Project Fund. 6. Approval -- Vacate a Portion of FBO Road, a 50-Foot Right -of -Way Dedication Along the North and East Boundary of Lot 1, Block 3, Dedicated by General Aviation Apron Subdivision No. 1 (Plat KN 73-68, Amended by KN 2004-20); and All Associated Utility Easements: Within Section 32, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2007- 027; Note: A 50 Foot Right -of -Way will be Dedicated and a 50-foot Utility Easement will be Granted; Location: City of Kenai. 7. Discussion -- Kenai River Bridge Access Road Pathway Project 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 Committee b. Alaska Municipal League Report 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. ('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 by Four -Cycle or Direct Injection Two -Cycle Engines. (1 / 17/07, Tabled, no time certain.) EXECUTIVE SESSION -- None Scheduled 16Ve KENAI CITY COUNCIL - REGULAR MEETING MARCH 7, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htW://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-l. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. OR ROLL CALL The City Clerk took roll. Present were: Rick Ross Robert Molloy Mike Boyle Pat Porter, Mayor Joe Moore, Vice Mayor Linda Swarner Barry Eldridge A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted a request for the addition of a Statement of Need to be included at Item B-1. MOTION: Council Member Molloy MOVED for approval of the agenda including the Statement of Need addition for Item 13-1. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) KENAI CITY COUNCIL MEETING MARCH 7, 2007 PAGE 2 B-1. Jon Faulkner, Kenai Landing -- Request for the City to Temporarily Relinquish a Portion of Water Service Area. Steve Agni, Partner, Kenai Landing, Inc., 11001 O'Malley, Anchorage -- Reviewed and discussed the "statement of need" provided to council at the beginning of the meeting, outlining the Kenai Landing's need for a Class A "public" water system for their planned expansion and upgrades of existing enterprises, including lodging, restaurant, fish processing, and the development of their new residential housing. Agm requested council direction to administration to relinquish jurisdiction for the city to provide public water in that area until such time water lines would be connected to the south side of the river. A brief discussion followed in which concern was expressed with relinquishing jurisdiction. Attorney Graves reported City Manager Koch intended to include in the agreement the city would want to reclaim the jurisdiction if city water/sewer would become available in that area. It was also noted, code requires hook up to city water/sewer if the lines are within 300 feet to the property. Council had no objection for administration to work with Kenai Landing, Inc. with regard to the water service request. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Mary Starrs-Armstrong, Kenai -- Spoke in support of the proposed library expansion noting the need for space in the current facility. 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. 2215-2007 -- Increasing Estimated Revenues and Appropriations by $1,212 in the General Fund for a Library Grant Council Member Swarner MOVED for adoption of Ordinance No. 2215-2007 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING MARCH 7, 2007 PAGE 3 *Student Representative DeMello: Yes Ross Yes I Molloy Yes IBo le Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. E-2. Resolution No. 2007-09 -- Pledging a Contribution of $2,500 to the Proposed Statewide Methamphetamine Abuse Education Campaign. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2007-09 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-3. Resolution No. 2007-10 -- Authorizing City of Kenai Mayor Porter to Sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2007-01, Responding to the Clean Water Act Section 303(d) Impaired Status Designation of the Kenai River. 10(071603� f7 Council Member Moore MOVED for approval of Resolution No. 2007-10 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: *Student Representative DeMello: Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldrid e Yes KENAI CITY COUNCIL MEETING MARCH 7, 2007 PAGE 4 MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-l. Regular Meeting of February 21, 2007 -- Approved by consent agenda. F-2. 12/12/06 Work Session Notes -- Approved by consent agenda. F-3. 12/15/06 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 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 -- None. H-3. Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. hntroduced by approval of consent agenda. H-4. Ordinance No. 2217-2007 -- Increasing Estimated Revenues and Appropriations by $190,140 in the Kenai Soccer Park Capital Project Fund. Introduced by approval of consent agenda. H-5. Ordinance No. 2218-2007 -- Increasing Estimated Revenues and Appropriations by $480,000 in the Wildwood Water Main Capital Project Fund. Introduced by approval of consent agenda. H-6. Approval -- Vacate a Portion of FBO Road, a 50-Foot Right -of -Way Dedication Along the North and East Boundary of Lot 1, Block 3, Dedicated by General Aviation Apron Subdivision No. 1 (Plat KN 73-68, Amended by KN 2004-20); and All Associated Utility Easements: Within KENAI CITY COUNCIL MEETING MARCH 7, 2007 PAGE 5 Section 32, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2007- 027; Note: A 50 Foot Right -of -Way will be Dedicated and a 50-foot Utility Easement will be Granted; Location: City of Kenai. It was noted the vacation was requested to allow for the new parking lot by the general aviation area at the airport and it had been reviewed by both the City Planning & Zoning Commission as well as the Borough Planning Commission. Council stated no objection to the vacation as described. H-7. Discussion -- Kenai River Bridge Access Road Pathway Project Acting City Manager Seinmens reviewed information included in the packet, noting City Manager Koch was requesting council to allow him to investigate and discuss the issue further with the Department of Transportation as there was community support for the project (completing Unity Trail), and he believed there could be funding available through the Department of Transportation and the Legislature. Council had no objections to Koch continuing to investigate (research city files related to Birch Island trade to the State in relation to the Unity Trail project) and discuss the issue with state officials. Administration was requested to provide council with costs involved with the city's maintenance of the current portion of Unity Trail situated within the city limits. ITEM I: I-1. Council on Aging -- Council Member Boyle reported the March meeting had been cancelled. I-2. Airport Commission -- Council Member Molloy reported the next meeting would be held on March 8, 2007. I-3. Harbor Commission -- Council Member Boyle reported the next meeting would be held on March 12, 2007. I-4. Library Commission -- Council Member Swarner reported on discussion which took place during the March 5 Library Commission meeting, including public opinion poll questions related to the proposed library expansion, duties and powers of the commission, and commissioners request for training. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held on April 5, 2007. KENAI CITY COUNCIL MEETING MARCH 7, 2007 PAGE 6 I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the February 28, 2007 meeting minutes included in the packet, noting the Commission had no objections to reviewing the junk ordinance to make it more enforceable if council requested it. Council consensus was to have the Commmission review the ordinance. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held on March 13, 2007. I-7b. Alaska Municipal League Report -- Swarner reported she would be participating in a Land Use and Economic Development teleconference on March 8. Swarner also reported, while in Washington, DC she visited with staff member of the congressional delegation and discussed the bluff erosion project. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She participated in Job Shadow Day. • Made a presentation to Unocal retirees. • Met with representatives of the Boys & Girls Club to discuss the management contract which will be up for renegotiation in December. • Reminded all of the annual snow machine race to be held on March 10. • Requested council consider adding color to the city logo. Council consensus was to have administration investigate the possibility. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- Acting City Manager Semmens reported the following: • Noted the annual Kenai Police Department report included in the packet. • Lowe's is concerned about geotechnical soils consolidation at their proposed site. City Manager Koch suggested the city have an independent study taken of the soils. He will provide council with more information as well as cost in the future. Council consensus requested administration to provide information related to initiating the use of credit cards for water/sewer payments. K-2. Attorney -- Attorney Graves reported the following: • City manager Koch signed the purchase agreement for the property sale to Wal-Mart earlier in the day and it was forwarded to Wal-Mart. • He will be absent from the March 21, 2007 council meeting. • Suggested credit card payment of city citations and will provide information during the budget review. KENAI CITY COUNCIL MEETING MARCH 7, 2007 PAGE 7 It was noted, there would be fees if the city allows use of credit cards; allowing payment through a third party may be an option; debit cards are not accepted because of transactional fees to the city; and, the city does allow direct deposit payments for water/sewer which may be made through an individual's checking account. Mayor Porter requested council to direct Attorney Graves to prepare an ordinance to restrict placement of con -ex trailers/vans on properties within the city. Consensus of council directed development of the ordinance. K-3. City Clerk -- City Clerk Freas reported she would be absent from the March 21, 2007 council meeting. ITEM L: L-1. Citizens -- None. L-2. Council Moore -- • Thanked Clerk Freas for the new binders and format of the agenda and packet, adding he appreciated the 'pending legislation' list now included on the agenda. . Noted two council members were needing to be appointed to the joint working committee of the City of Kenai, City of Soldotna, and Kenai Peninsula Borough. Council Members Moore and Ross were appointed and Council Member Moore was requested to take the lead in organizing the group and scheduling meetings. Swarner -- Reported the library held a Dr. Seuss birthday celebration. Eldridge -- Reported he would be absent from the March 21, 2007 council meeting. DeMello -- Reported the following: • Would be absent from the March 21, 2007 council meeting. • National Honor Society would be holding a blood drive on March 15. • The regional basketball tournament would be held at Kenai High School. • Thanked Freas for the council binder. Ross -- No comments. Molloy -- • Thanked Freas for the binder and new packet format. • Upon review of the police annual report, he was impressed with the burglary statistics and the department programs. KENAI CITY COUNCIL MEETING MARCH 7, 2007 PAGE 8 Boyle -- Thanked Freas for the binder and new packet format. 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 N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 7:55 p.m. Minutes submitted by: Carol L. Freas, 6ty 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. APMV0 IBy