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HomeMy WebLinkAbout2006-06-21 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 21, 2006 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) Ken Tarbox -- Kenai Peninsula Wildlife Viewing Trail Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting and then was postponed. The motion to adopt is active and on the floor.) 2. Ordinance No. 2170-2006 -- Amending the Hunting Map at KMC 13.15.010 Appendix I to Include Restrictions Imposed Within the Kenai River Special Management Area (KRSMA). a. Substitute Ordinance No. 2170-2006 -- Amending the Hunting Map at KMC 13.15.010 Appendix I to Include Restrictions Imposed Within the Kenai River Special Management Area (KRSMA). ITEM F: MINUTES 1. *Regular Meeting of June 7, 2006. ITEM G: ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. 4. Approval -- CityLinks Travel/Appointment of Representatives 5. Approval -- Cost of Living Salary Increase/City Clerk and City Attorney ITEM I: L 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. Stranded Gas Committee 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 EXECUTIVE SESSION -- Evaluations of City Attorney, City Clerk and City Manager. (Clerk's Note: A motion to convene into an executive session for the purpose of holding - evaluations of the City Attorney, City Clerk, and City Manager was made at the May 17, 2006 Council Meeting. The issue was then postponed to the June2l, 2006 meeting. The motion to convene into an executive session is active and on the floor.) ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JUNE 21, 2006 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-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 Moore, Vice Mayor Cliff Massie Rick Ross Robert Molloy Mike Boyle (telephonically) `Linda Swarner A quorum was present. Also Present: Les Krusen, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Moore MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Moore MOVED to amend the consent agenda by removing Item F-1, the minutes of the regular meeting of June 7, 2006 from the consent agenda. Council Member Molloy SECONDED the motion. VOTE: *Student Representative Krusen: Yes KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 2 Moore Yes Ross Yes Porter Yes j Swarner Yes Molloy Yes Massie Yes Boyle Yes VOTE ON CONSENT AGENDA AS AMENDED: *Student Representative Krusen: Yes Moore Yes Ross Yes Porter Yes Swarner Yes Molloy Yes Massie Yes Boyle Yes ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Ken Tarbox - Tarbox explained the Kenai Peninsula Wildlife Viewing Trail is a project the State of Alaska is doing through its Watchful Wildlife Program and funded through a $100,000 Federal grant. These trails are generally road -based trails with sites along the road for individuals to use as a guide; benefits of a wildlife viewing trail are both economic and promote awareness of habitat and habitat use by animals being viewed; he expects the trail to bolster tourism during shoulder months; there have been 64 sites nominated on the Kenai Peninsula for the trail; there are four sites nominated in Kenai including Cannery Road, the boat launch, the Bridge Access pullout and the Erik Hansen Scout Park overlook; the guide is to be released in March 2007; and, the State is asking landowners to write letters stating they are willing to promote these sites. MOTION: Council Member Swarner MOVED for Administration to write a letter to the State stating the City is in favor of promoting these sites within the City of Kenai. Council Member Molloy SECONDED the motion. C►PYC9 *Student Representative Krusen: Yes Moore Swarner Yes Yes Ross Yes ( Molloy Yes Porter j Massie Yes Yes Boyle Yes MOTION PASSED UNANIMOUSLY. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 3 ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCIL - None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2168-2006 --Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting and then was postponed. The motion to adopt is active and on the floor.) Council Member Molloy noted the following: • If a Council member misses more than one-half of the meetings in a calendar year that that person would cease to hold office. • An allowance was added to attend up to two Council meetings telephonically. • He was proposing an exception to specifically address the situation where a council member or the member's immediate family member has an extended illness requiring the member to be physically absent from the area for an extended period of time. s The exception would provide for an additional six meetings to be attended telephonically for that member meeting the minimum attendance requirements and allow them to be effective in doing it in that they would be required under the ordinance to attend half the meetings which would be 12 out of 24 and then with the two business telephonic, plus the six additional ones, they would be able to attend 20 meetings out of 24 in a year and be more effective in representing constituents. Council Member Ross noted: The telephonic meeting is a meeting for purposes of attendance under the Charter requirements. The ordinance states a member is prohibited from attending two consecutive meetings telephonically. For purposes of the Charter, a member must only attend one meeting a month. e In the proposed ordinance, a member would not have to physically attend a single council meeting for an eight -month period if they attend every other meeting telephonically. KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 4 Council Member Boyle explained, the last sentence in "o" of the ordinance addressed that issue, noting "A council member may not attend two (2) consecutive meetings by teleconference under this section." Molloy added: • The intent of the ordinance was to help a council member that was in that special circumstance to be effective by allowing them to attend more meetings and making up to 20 out of 24. s The intent is not to allow a council member to not be present at all for eight months which was why the last sentence in "o" was added — that a member may not attend two consecutive meetings by teleconference under this section. • The intent is that they would be able to attend one telephonically then they would have to attend the next one in person before they could ever use a telephonic under this section again. • He suggested, if additional drafting is needed to clarify that for Council members consideration, that is appropriate. Ross stated he felt additional drafting was needed; the fourth "whereas" is very specific that it provides six additional meetings in order to permit a council member to retain a Council seat; the legislative intent as expressed in that "whereas" does go to those six meetings counting toward the minimum under the Charter, which combined with the way the language is presently written on the consecutive meetings is a legislative intent that would allow eight months of non-attendance except once a month telephonic. He would not support the ordinance in the present form. Molloy recommended adding to "o" on the Ordinance "...after attending by telephone under this section, the Council member must attend a meeting in person before being entitled to attend telephonically under this section again." Ross recommended the ordinance go back for a rewrite, noting the problem would be cured having an ordinance that would provide for the six meetings on this basis, but those six meetings could not be counted toward the minimum as required by the Charter; if the purpose is to allow participation by the councilperson, yet not have them totally away from the community for eight months, that would be understandable and would allow additional meeting attendance by teleconference for an individual that was otherwise meeting the requirements of the Charter. WCOWCOIN Council Member Ross MOVED to postpone until Councilman Molloy and City Attorney Graves have had an opportunity to rewrite the language. Council Member Molloy KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 5 SECONDED the motion. Council Member Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. City Attorney Graves requested clarification, noting the idea was to incorporate Molloy's suggestion on successive attendance and Ross' idea that telephonic attendance not counting for the Charter limitation. Molloy and Ross agreed. Mayor Porter stated she would most likely want to introduce her amendment because she believes it should not go past a year for someone's whole three year term. E-2. Ordinance No. 2170-2006 -- Amending the Hunting Map at KMC 13.15.010 Appendix I to Include Restrictions Imposed Within the Kenai River Special Management Area (KRSMA). MOTION: Council Member Ross MOVED for approval of Ordinance No. 2170-2006. Council Member Moore SECONDED the motion. There were no public comments. City Manager Koch stated he anticipated no problems with enforcement of the ordinance. Chief Kopp stated hunters might need to be reminded of these changes encompassed in the map. Ross stated property ownership had changed and it was incumbent upon the property owner to post it and treat as private property for enforcement; he did not want the City to have to determine property lines on property that used to belong to the City. Moore agreed with Ross and suggested Administration send a letter to that effect. Ross requested Administration review the ordinance before passing it to see if the City is taking the enforcement authority upon itself and if it could be written differently so that falls upon the property owner. MOTION: Council Member Ross MOVED to postpone adoption of Ordinance 2170-2006 and Council Member Moore SECONDED the motion. Council Member Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. E-2a. Substitute Ordinance No. 2170-2006 -- Amending the Hunting Map at KMC 13.15.010 Appendix I to Include Restrictions Imposed Within the Kenai River Special Management Area (KRSMA). No action taken on the substitute. KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 6 ITEM F: MINUTES F-1. Regular Meeting of June 7, 2006. Moore noted he requested the minutes be pulled from the Consent Agenda at the request of Administration. City Attorney Graves explained an Item H-4 was added to the agenda during the June 7 meeting, however the item was omitted in the minutes document. He suggested the minutes reflect the Board of Adjustment hearing was scheduled for July 5, 2006 at 5:30 p.m. MOTION: Council Member Moore MOVED to amend the minutes of the June 7, 2006 meeting to reflect scheduling of the Board of Adjustment Hearing for July 5, 2006 at 5:30 p.m. in Council Chambers. Council Member Molloy SECONDED the motion. Council Member Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM G: ITEM H: lw NEW BUSINESS Bills to be Ratified -- None. Council Member Molloy MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 Council Member Massie MOVED to approve purchase orders over $15,000 and requested UNANIMOUS CONSENT, Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. Introduced by consent agenda. H-4. Approval -- CityLinks Travel/Appointment of Representatives. KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 7 Porter requested concurrence from Council to appoint Dee Gaddis of EDD as one of the representatives to travel to Russia. Council stated no objections. H-5. Approval -- Cost of Living Salary Increase/City Clerk and City Attorney. MOTION: Council Member Moore MOVED for approval of the Cost of Living Increase of three percent for the City Clerk and City Attorney. Council Member Swarner SECONDE. the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- It was noted the June meeting was cancelled. I-2. Airport Commission -- Swarner reported enplanements were up. I-3. Harbor Commission -- It was reported the KEDS group is working towards forming a group to work on waterfront development proposals. Some individuals from the Harbor Commission are working with them. I-4. Library Commission -- Molloy noted the Council/Library Commission work session would be held on June 27, 2006 to discuss options for library expansion. I-5. Parks & Recreation Commission - It was reported the meeting summary was in the packet. I-6. Planning & Zoning Commission -- Council Member Ross reported a Conditional Use Permit had been approved in Old Towne and a minor encroachment had been approved. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- No quorum. I-7b. Alaska Municipal League Report -- There is a summer legislative meeting in Homer in August. I-7e. Stranded Gas Committee - Ross reported, no meeting had been held since the last Council meeting. The next scheduled meeting of July 14 would be held to allow final review of issues prior to final comments to Governor and Legislature. ITEM J: REPORT OF THE MAYOR KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 8 Mayor Porter reported on the following: • There was a mini -grant meeting to review applications; applications will be reviewed on September 15, January 15, and April 15 and new language to the steering committee policy will be before Council for approval in relation to the mini - grant program in the near future. • She and the City Manager met with 27 homeowners from the Central Heights subdivision. It was a very positive meeting. • She attended an RDC meeting in Anchorage at which 500 individuals attended to hear an update on the Pebble Mine Project. • She has requested the City Attorney to investigate a way to take care of old abandoned trailers. The town clock dedication, scheduled for July 20th at 3 p.m., will be attended by the CityLink Russian delegation. ITEM K: ADMINISTRATION REPORTS K-l. City Manager - City Manager Koch reported the following: • A proposal is being considered for a web page enhancement. • A proposal is being considered for an arsenic groundwater study to assist in the placement of a new well. • Administration is working with Salamatof Native Association on their purchase of a six -acre parcel verses the 16-acre parcel previously discussed on which to build a professional building. This parcel fronts Marathon Road. • Administration is preparing to meet with the KEDS group and the Airport Commission to discuss the airport reserve and the location of that boundary. After that meeting, information will be taken to FAA with a request for potential deed release of some of that property. f Walmart is in the final stages of traffic analysis and representatives would be performing a soil analysis on the site during the next week. • Lowes and the City are passing back and forth the lease documents. • In addition to Mayor Porter's comments on the meeting with Central Heights citizens, the City will provide dumpsters in that area beginning July 14 through the 24th for the removal of debris from yards. Enforcement action would then take place after July 24. • The airport consultants have recommended airport funds be consolidated into one enterprise fund as of July 1, 2006. • The soccer fields will be available for use for the 2008 season. • The automatic sprinkler system had not yet been put out to bid. K-2. Attorney -- Attorney Graves reported January 1, 2007 is the deadline date for providing health insurance benefits to same -sex domestic partners and he is awaiting developments from the Superior Court before writing the city's policy. KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 9 K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens -- No comments. L-2. Council - Moore -- No comments. Swarner -- No comments. Massie -- No comments. Ross -- No comments. Molloy -- Thanked City Manager Koch, Chief Kopp, Public Works Manager Kornelis and the Street Department for resolving speeding issues along Float Plane Road. Krusen -- No comments. Boyle -- No comments. EXECUTIVE SESSION -- Evaluations of City Attorney, City Clerk and City Manager. Mayor Porter stated at this time there is a motion before the Council to convene into Executive Concession for the purpose of holding evaluations of the City Attorney and City Manager made on May 17, 2006 Council Meeting which was postponed until the June 21, 2006 meeting. The motion is active and on the floor. There was uncertainty as to whether or not that vote included the City Clerk so Mayor Porter recommended a vote based upon the Executive Session being called for evaluations of the City Attorney and City Manager. VOTE: Moore Yes Ross Yes Porter Yes Swarner Yes Molloy Yes Massie Yes Boyle Yes �— The Council went into Executive Session at approximately 8:35 p.m, and returned at 9:55 p.m. Council Member Moore reported that both City Attorney Graves and City Manager Koch received positive evaluations. ITEM M: There being no further business before the Council, the meeting adjourned at approximately 9:57 p.m. KENAI CITY COUNCIL MEETING MINUTES JUNE 21, 2006 PAGE 10 Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executve 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 meding.