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HomeMy WebLinkAbout2007-09-05 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 5, 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. 2248-2007 -- Increasing Estimated Revenues and Appropriations by $27,532 in the Senior Fund for Additional Grants and Donations. (Clerk's Note: Ordinance No. 2248-2007 was postponed from the 8115107 council meeting. The motion to adopt is active.) 2. Resolution No. 2007-56 -- Transferring $10,000 in the General Fund for Designing Dena'ina Point Estates Subdivision. AAAIlctiy IDLI 1. *Regular Meeting of August 15, 2007. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2250-2007 -- Increasing Estimated Revenues and Appropriations by $6,350 in the Library Fund for a State Grant. 4. *Ordinance No. 2251-2007 -- Amending the Official Kenai Zoning Map by Rezoning Lot 1 and Lot 2A of Schurr Subdivision From General Commercial (CG) to Limited Commercial (LC). 5. *Ordinance No. 2252-2007-- Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizen Fund for Gas Card Donations From Tesoro. 6. Discussion -- Draft Ordinance/Requiring Owners of Multiple Family Dwellings and Mobile Home Parks Provide for Proper Garbage Containers and Garbage Collection. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. 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 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 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. (Approved for reconsideration 6/6/07; postponed to 7118107,postponed to 8115107; postponed to 1013107.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7118107, Tabled, no time certain.) -- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 5, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ei.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. A-2. ROLL CALL The City Clerk took roll. Present were: Robert Molloy Mike Boyle Pat Porter, Mayor Joe Moore Vice Mayor Linda Swarner Barry Eldridge Rick Ross . A quorum was present. Also present: Brittany Harding, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Molloy MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. 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 Molloy SECONDED the motion. Lryw There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 2 *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) -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Phil North, 3810 Wildrose Avenue, Kenai -- Expressed concern with a city -owned old gravel pit in the Thompson Park Subdivision attracting snow machine, dirt bike, etc. usage along with racing on the streets and lots of noise. He noted, the Police Department had been very helpful in responding but suggested he discuss the issue with council to allow something more systematic being done to curtail the problem. A brief discussion followed during which it was noted the pit had not been used since the Thompson Park road system had been reconstructed and administration was requested to provide a report with recommendations for handling the issue. 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. 2248-2007 -- Increasing Estimated Revenues and Appropriations by $27,532 in the Senior Fund for Additional Grants and Donations. (Clerk's Note: Ordinance No. 2248-2007 was postponed from the 8115107 council meeting. The motion to adopt is active.) Council Member Molloy declared a potential conflict of interest in that a portion of the appropriated funds were to be used for professional services for an on -site wellness program run by the Central Peninsula General Hospital. He explained, the Hospital was a client, but because he would not receive any direct or indirect financial benefit from the contract with the hospital, he intended to vote on the issue. City Attorney Graves reported he felt there was no conflict. Council stated no objection to allowing Molloy vote on the issue. A brief discussion followed in which City Manager Koch and Senior Director Craig reviewed information included in the packet which better defined the intended use of the appropriated funds, including purchase of weight resistant weights. It was also KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 3 noted, continued funding for the program would be requested from United Way and if no funding was made available, city funding of the program would be only through direction of council. *Student Representative Harding: Yes MolloyYes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross I Yes MOTION PASSED UNANIMOUSLY. E-2. Resolution No. 2007-56 -- Transferring $10,000 in the General Fund for Designing Dena'ina Point Estates Subdivision. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2007-56 and Council Member Molloy SECONDED the motion. There were no public comments. Koch gave a historical review of the property with comments including: 6 There had been a problem with development requirements and the layout of the subdivision. • The property being zoned residential may not be the best use for the property. ® Though properties were initially sold in the subdivision, many were returned due to the development requirements and the city was now the major land owner in the subdivision. ® Preliminary work indicated with a different layout and amending the development requirements, the development costs could be substantially reduced. • Discussions had taken place with several of the other property owners in the subdivision and there was interest to join with the city to have a better layout design to make it financially worthwhile to develop the property. • The $10,000 would provide for a conceptual plan to be developed for presentation to all the property owners for a new subdivision layout with different development standards. Comments of council included: KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 4 • The $10,000 would be seed money to present the concept to all the property owners, however there would still be substantial costs to the property owners of which the city was one. • Suggestion if the development of the subdivision proceeded, the $10,000 could be prorated into the costs of the development of the subdivision and divided among the property owners. • The project would be of benefit to the citizens of the city with regard to what the value of the property could be with high -end housing, along with some commercial development. a Request for such items to be included in budget discussions in order for costs not to be taken out of contingency. • The KEDS group discussed the issue and recommended the property be redeveloped. i Clarified, a passed resolution would not include reimbursement from the property owners for the $10,000, but would offer seed money for redesign, etc. • A redesign document could be used as a comparison to the original design for presenting to all the property owners, along with estimated costs for redevelopment. VOTE: *Student Representative Harding: Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes J Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-1. Regular Meeting of August 15, 2007 -- Approved by approval of consent agenda. ITEM G: ITEM H: H-1. Bills to be Ratified W) CS CON -- None. KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 5 Council member Moore MOVED to ratify the bills over $15,000 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 Mai FiT Y COWii 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. 2250-2007 -- Increasing Estimated Revenues and Appropriations by $6,350 in the Library Fund for a State Grant. Introduced by approval of consent agenda. H-4. Ordinance No. 2251-2007 -- Amending the Official Kenai Zoning Map by Rezoning Lot 1 and Lot 2A of Schurr Subdivision From General Commercial (CG) to Limited Commercial (LC). Introduced by approval of consent agenda. H-5. Ordinance No. 2252-2007-- Increasing Estimated Revenues and Appropriations by $2,500 in the Senior Citizen Fund for Gas Card Donations From Tesoro. Introduced by approval of consent agenda. H-6. Discussion -- Draft Ordinance/Requiring Owners of Multiple Family Dwellings and Mobile Home Parks Provide for Proper Garbage Containers and Garbage Collection. Koch reviewed the draft ordinance, noting the need for the ordinance was brought about due to removal of garbage receptacles being removed from a mobile home park during the summer which resulted in garbage problems, unsightliness, and bear problems. The intent of the ordinance was for property owners to provide appropriate KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 6 garbage receptacles and garbage collection of tenants at multi -family dwellings or mobile home parks. Comments of council/administration included: • Suggestion to add "sufficient" or "adequate" garbage containers and wording to insure garbage would be collected frequently enough to prevent overfilled receptacles. • Concern KMC 9.10.020, in relation to "between the time of successive collections," would be often enough but not require more collections if not necessary. • Title 9 would be reviewed to be sure the ordinance would not circumvent a property owner personally hauling garbage to a waste disposal facility/site instead of hiring a commercial carrier . • Review would be made to be sure the ordinance would apply to condominiums. • Concern expressed the ordinance would create an expense for a tenant who chooses to haul his/her own garbage to the disposal site. • Request for the ordinance to be forwarded to the Planning & Zoning Commission for public hearing, however it was noted actions related to Title 9 were not within the Commission's purview, though the Commission could review it but would not hold a public hearing on the ordinance. Council directed administration to proceed with processing the ordinance ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next meeting was scheduled for Thursday, September 13, 2007. I-2. Airport Commission -- Council Member Molloy reported the next meeting was scheduled for Thursday, September 13, 2007, I-3. Harbor Commission -- Council Member Boyle reported the next meeting was scheduled for Monday, September 10, 2007. I-4. Library Commission -- Council Member Swarner reported a meeting had been held on Tuesday, September 4 during which the goals and objectives of the commission were discussed, it was reported the book sale was very successful, and tickets were available for the October raffle and dinner. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held on the first Thursday in October. KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 7 I-6. Planning & Zoning Commission -- Council Member Ross reviewed the August 22, 2007 meeting action agenda which was included in the packet. 1-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held on Tuesday, September 11, 2007. 1-7b. Alaska Municipal League Report -- Council Member Swarner reported the following: • AML requested they submit her name for placement on a Homeless Task Force. • Noted the application for Awards of Excellence was included in the council packet and suggested again to submit the bear safe garbage containers as an entry. Mayor Porter reported the City Manager had been requested to prepare the application. • Noted Planning & Zoning Commission members were eligible for the "2007 Municipal Officials of the Year Awards" and suggested the nomination of Phil Bryson for the award. There were no objections from council. 1-7e. Joint Kenai River Working Group -- Council Member Moore reported a meeting was held on August 29, 2007 and discussions included: • The members reviewed a draft resolution requesting Department of Natural Resources suggested regulations related to hydrocarbon control for above the Warren Ames Bridge be mirrored for below the Bridge as well, however no action had been taken. • Copies of other proposals submitted by other user groups and individuals were distributed to the Group for review by the members and their governmental groups, along with the draft resolution. • Another meeting would be held in late September for consideration of the draft resolution. The draft resolution with copies of the other proposals submitted was requested to be placed on the September 19, 2007 council meeting agenda for consideration. I-7d. Mini -Grant Steering Committee -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • Attended a presentation of $2,500 gas cards being donated to the Senior Center's Meals -on -Wheels program. • Was notified verbally from the Russian Orthodox Bishop there was no objection to delaying moving of the historical cabins until Spring. • Attended the MAPTS building opening at Kenai Peninsula College. • Represented the city at Industry Appreciation Day picnic. KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 8 Attended the Food Bank's soup supper. She and Koch took Representative Chenault to lunch to thank him for his support of the city. • Noted the trees had been planted along Willow Street. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: • Introduced Mary Bondurant as the Airport Manager. • Wal-Mart was scheduled to close in early October with an internal closing on September 12. • Restrictive covenants were forwarded to the Corps of Engineers for review for the city -purchased property to be used for the mitigation area by the Wal-Mart property. 6 Lowe's closing would be held on September 17 and the execution of agreement was extended to coincide with the September 17 closing date. • Preparation of the Airline Operating Agreement for the terminal would be prepared and brought forward for council's review within two to four weeks. • A status report for the well water search would be brought forward for council review at the next council meeting. • He would be meeting with the leadership class at the high school to discuss videotaping of council meetings. • Referred to his letter included in the packet addressed to the Department of Transportation about extending the bike path on Kahfornsky Beach Road. Because it was doubtful there would be much response, he had discussed alternate funding with Senator Wagoner and Representative Olson. • A survey of Old Town improvements (light poles, street signs, etc.) related to the roadways was being prepared in order for building sidewalks next season. • Preliminary work would be completed before winter to hook into the water main at Memorial Park and the watering system would be installed during the summer. • Frontier Services was proceeding with its project in Redoubt Terrace and had requested permission to enter the property for surveying purposes. Administration would be approving the request. • The wildwood water/sewer project was proceeding. • He met with members of the Kenai Kennel Club who stated an interest in leasing (at a nominal rate) an area of approximately 5,000 square feet (with future expansion to 15,000 sq. ft.) in Section 36 for training and dog shows. The Club would be preparing a proposal which would be forwarded to council for review. Council comments included: • Repair of sidewalks -- Koch would be checking to see if the cracks could be grouted by city staff. KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 9 Planner position/possible exemption -- Awaiting an opinion from the Department of Labor. • Fire Wise area -- The Borough would be clearing the area. • Need for additional resolution supporting the extension of the bike path - - It was hoped the letter (included in the packet) should suffice. • Requested a memorandum related to the rezoning ordinance be included in the next packet. K-2. Attorney -- Attorney Graves reported the following: • He met with Larry Lewis of Alaska Fish & Game regard the upcoming work session related to bears and garbage problems within the city. • Would be forwarding the paperwork for annual attachments to Alaska Permanent Fund checks which could amount to approximately $26,000 for the city. Graves thanked Finance Director Semmens for his assistance to preparing the information. He would not be in attendance at the September 19 council meeting. K-3. City Clerk -- City Clerk Freas reported absentee balloting for the October 2, 2007 election would begin on September 17 at Kenai City Hall as well as the Kenai Peninsula Borough. ITEM L: DISCUSSION L-1. Citizens (five minutest -- None. L-2. Council -- Moore -- No comments. Swarner -- Congratulated Mary Bondurant on her hiring as airport manager. Eldridge -- Congratulated Bondurant as well. Harding -- Noted school was back in session, the government class would be working on several projects including applying for mini -grants, and Homecoming was scheduled for September 15. Ross -- No comments. Molloy -- • Commended administration and employees related to the soccer fields project. • Reported the addition of nine holes at the disc golf course made it a very challenging course. KENAI CITY COUNCIL MEETING SEPTEMBER 5, 2007 PAGE 10 Boyle -- No comments. Porter -- Noted she believed the commercial building ordinance was working as brush had been cleared at the old hardware store property. 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. 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. (Approved for reconsideration 616107; postponed to 7/ 18/ 07, postponed to 8/ 15/ 07; postponed to 1013107.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7118107, Tabled, no time certain.) -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:14 p.m. Minutes submitted by: X. ' %' ��— Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting.