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Home My WebLink About2008-10-01 Council MinutesAGENDA I{ENAI CITY COUNCIL -REGULAR MEETING OCTOBER 1, 2008 7:®® P.M. I~ENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us Work Session: Water System Improvements -- 5:30 p.m. 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 IiPS ASSEMBLY LEGasLATORS AND courrclLs ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. 2. Resolution No. 2008-59 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2010. ITEM F: MINUTES 1. *Regular Meeting of September 17, 2008. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUS%NESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordananee No. 2351-2008 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 4. *Ordananee No. 2352-2008 -- Establishing Requirements for the Proper Disposal of Dog Solid Waste (Excrement) Deposited on Public Property or Private Property Not Owned or Lawfully Possessed by the Owner or Keeper of the Dog. 5. *Ordinance No. 2353-2008 -- Finding that Certain City-Owned Land, Identified as Fidalgo Commercial Municipal Square Replat, Third Recording District, Kenai, Alaska, (KPB Parcel No. 043-310-36), is Dedicated for the Purpose of City Facilities. 6. *Ordinance No. 2354-2008 -- Amending KMC 23.55.080 to Provide that Only Employees Receiving a Rating of Satisfactory or Better During Their Last Performance Evaluation are Eligible for Longevity Pay for that Year and Providing that for the Calendar Year 2008 the Longevity Pay Will be Paid Prior to the end of the Calendar Year. 7. *Ordinanee No. 2355-2008 -- amending KMC 21.10.110(b) and KMC 21.15.130(b) to Allow the City Council by Resolution to Authorize a Different Repayment Plan for Reimbursement of City Constructed Improvements on Leased Property. 8. *Ordinance No. 2356-2008 -- Increasing Estimated Revenues and Appropriations by $19,000 in the General Fund Park Department for Rentals. 9. Discussion/Approval -- Appointment of Advisory Cemetery Committee Membership. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission Planning 8v Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMYD 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.) Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October I5, 2008. The motion to approve is active.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table from the September l7, 2008 meeting; a motion to postpone (with no time certain% and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October 15, 2008 in the council chambers, beginning at 5:30 p. m.) -- None Scheduled ITEM N: KENAI CITY COUNCIL -REGULAR MEETING Work Session: Water System Improvements -- 5:30 p.m. 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 ALLEGYANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL A quorum was present. Also present: Maya Johnson, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted the following requests for changes to the agenda: SUBSTITUTE: H-2, Purchase Orders Exceeding $15,000 -- Decrease to UNVAR. ADD TO: H-9 (PAGE 39) -- Application of Dennis Gregory to be Considered for appointment to the Advisory Cemetery Committee MOTION: Council Member Smalley MOVED for approval of the agenda with the changes requested and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA The City Clerk took roll. Present were: KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 2 MOTION: Council Member Smalley MOVED to approve the consent agenda 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 -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. YTEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. MOTION: Council Member Eldridge MOVED to enact Ordinance No. 2350-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Swarner Yes Smalle Yes Eldridge Yes Ross Yes Mollo Yes Boyle ~ Yes - Porter Yes ~ ~ MOTION PASSED UNANIMOUSLY. E-2. Resolution No. 2008-59 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2010. MOTION: KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 3 Council Member Swarner MOVED for adoption of Resolution No. 2008-59 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. ITEM F: F-1. agenda. ITEM G: ITEM H: H-1. MOTION: MYNUTES Regular Meeting of September 1'7, 200 -- Approved by consent UNFINYSHED BUSINESS -- None. NEW BUSINESS Bills to be Ratified Council Member Smalley MOVED to ratify the bills and Council Member Eldridge SECONDED the motion. Council Member Swarner requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 4 H-3. Ordinance No. 2351-2008 -- Increasing Estimated Revenues and Appropriations by X6,350 in the General Fund for a Library Grant. Introduced by approval of consent agenda. H-4. Ordinance No. 2352-2008 -- Establishing Requirements for the Proper Disposal of Dog Solid Waste (Excrement) Deposited on Public Property or Private Property Not Owned or Lawfully Possessed by the Owner or Keeper of the Dog. Introduced by approval of consent agenda. H-5. Ordinance No. 2353-2008 -- Finding that Certain City-Owned Land, Identified as Fidalgo Commercial Municipal Square Replat, Third Recording District, Kenai, Alaska, (KPB Parcel No. 043-310-36), is Dedicated for the Purpose of City Facilities. Introduced by approval of consent agenda. H-6. Ordinance No. 2354-2008 -- Amending KMC 23.55.080 to Provide that Only Employees Receiving a Rating of Satisfactory or Better During Their Last Performance Evaluation are Eligible for Longevity Pay for that Year and Providing that for the Calendar Year 2008 the Longevity Pay Will be Paid Prior to the end of the Calendar Year. Introduced by approval of consent agenda. H-7. Ordinance No. 2355-2008 -- Amending KMC 21.10.1.10(b) and KMC 21.15.130(b) to Allow the City Council by Resolution to Authorize a Different Repayment Plan for Reimbursement of City Constructed Improvements on Leased Property. Introduced by approval of consent agenda. H-8. Ordinance No. 2356-2008 -- Increasing Estimated Revenues and Appropriations by $19,000 in the General Fund Park Department for Rentals. Introduced by approval of consent agenda. H-9. Discussion/Approval -- Appointment of Advisory Cemetery Committee Membership. MOTIONc KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 5 Council Member Boyle MOVED to appoint the applicants as submitted, including Dennis Gregory, to the Advisory Cemetery Committee and Council Member Molloy SECONDED the motion. Council Member Eldridge requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM I: I-1. Council on Aging -- Council Member Eldridge reported the next meeting would be held on October 9, 2008 and Mayor Porter would be attending for him. He also noted, Council Member Swarner would attend the November 15, 2008 meeting for him. I-2. Airport Commission -- Council Member Molloy reported the next meeting would be held on October 9, 2008. Y-3. Harbor Commission -- Council Member Boyle reported the October 6, 2008 meeting had been cancelled. I-4. Library Commission -- Council Member Smalley reported the next meeting would be held on October 7, 2008. I-5. Parks & Recreation Commission -- Council Member Eldridge reported the next meeting would be held October 2, 2008. I-6. Planning & Zoning Commission -- Council Member Ross noted the September 24, 2008 meeting minutes were included in the packet and reviewed actions taken and discussions held. I-7. Miscellaneous Commissions and Committees I-7a. Beautstaeation Committee -- No meeting. I-?b. Alaska Municipal League Report -- Council Member Smalley reported the following: • He attended a teleconference held. related to the APOC financial disclosure forms. • A resolution was being developed by AML to present for consideration at the AML Conference in November. • The next teleconference on the issue was scheduled for October 9. KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 6 I-7e. Mini-Grant Steering Committee -- No meeting. ITEM J: REPORT OF THE MANOR -- Mayor Porter noted the following: • She attended the morning session of the Alaska Natural Gas Development Authority (ANGDA) meeting. • Swore in Police Officer Alex Douthit. Attended the POW/MIA remembrance ceremony. Attended the Kenai Marathon and thanked Parks & Recreation Director Frates for its success. • Provided a proclamation in honor of Fetal Alcohol Syndrome Month. • Attended the .406 Sportsman's Lodge renovation grand opening. • Along with Council Member Ross, spoke on Sound Off related to the city's Proposition A related to opting out of the Alaska Public Offices Commission financial disclosure reporting. The next city newsletter was being printed. ITEM K: ADMINISTRATION REPORTS K-I. City Manager -- City Manager Koch reported the following: • He met with Kenai Convention & Visitors Bureau and Kenai representatives related to the request for the City to purchase eight pages Chamber (at a cost of $10,000) of the proposed Kenai visitors guide. He explained, he felt the purchase should be a part of the budget process, the requested purchase would be $10,000 and no funds had been budgeted for the purchase, and he suggested council consider directing administration to negotiate a deal for up to X4,000 of advertisement for the booklet. A brief discussion followed with supported amounts of $5,000 and fi 10,000. MOTION: Council Member Boyle MOVED to put up $10,000 to support the project and Council Member Eldridge SECONDED the motion. Comments included support ofw5,000 this year and include the discussion in the budget process for next year and that an ordinance would have to be prepared to appropriate funding for the purchase. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 7 Swarner No Smalle Yes ___ Eldridge __ Yes __ Ross No Molloy No Bo le Yes Porter No , _ __ __ __r MOTION FAILED. MOTION: Council Member Ross MOVED to approve $5,000 and Council Member Swarner SECONDED the motion. VOTE: *Student Representative Johnson: Yes warner Yes Smalley Yes Eldrid e ~ Yes ___ _, Ross Yes i Molloy Yes Boyle Yes ~ Porter Yes ~ ~ ~ ~ MOTION IaASSED UNANIMOUSLY. • A meeting with Ames LID property owners would be held on October 14 to discussion another alternative related to the paving project. • Apre-proposal meeting ~n>as held related to conceptual schematic d?sign of the library expansion project. K-2. Attorney -- Attorney Graves reported the following: • He attended an Airport Law Conference, including seminars on airport noise and a TSA presentation. • Funds were continuing to be collected on Permanent Fund Dividend attachments. • A draft cell tower ordinance would be included in the next Planning 8v Zoning Commission packet for discussion. K-3. City Clerk -- Clerk Freas noted the following: • Absentee voting would continue through October 7, 2008 (election day). • Election board training had been held during the day. • The proposition informational flyers had been mailed and were being received. • Reminded all of the October 15, 2008 work session related to Ordinance No. 2347-2008, beginning at 5:30 p.m. KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 8 A brief discussion took place related to the October 15 work session. Because several council members would be traveling during October and November, it was asked if the work session should be postponed. It was decided to proceed with the October 15 work session as there would probably be additional work session(s) on the issue. Mayor Porter noted she would be absent from the regular November council meetings. ITEM L: L-l. Citizens -- None. L-2. Council -- Swarner -- Reported she would be absent from the October 15 council meeting. Smalley -- No comments. Eldridge -- • Gave a Kenai Peninsula Economic Development District update, including the Board was negotiating a contract with John Torgerson to be its next executive director. Reported he would be absent from the next two council meetings. Johnson -- Reported on activities at Kenai High School, including homecoming, and possible participation in Red Ribbon Week. Ross -- No comments. Molloy -- No comments. Boyle -- No comments. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later datc> as noted.) Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October I5, 2008. The motion to approve is active.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. KENAI CITY COUNCIL MEETING OCTOBER 1, 2008 PAGE 9 $ubstitute Ordinance Nn. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda anal Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to moue Substitute Ordinance No. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for Octiober 15, 2008 in the council chambers, beginning at 5:30 p. m.J -- None Scheduled ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 7:29 p.m. Minutes submitted by: Carol L. Freas, City CIerK *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. _. /0~,~~O~ GJ/~/