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HomeMy WebLinkAbout2008-09-03 Council Minutes AGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 3, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httt~: / / wwcv. ci. kenai. ak. u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A11 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) Phil Bryson, Wince-Corthell-Bryson -- Kenai River Special Management Area Boundary Research. 2. Peter Micciche, Conoco-Philligs -- Presentation of Naming Fee/Conoco- Phillips Multipurpose Facility. 3. Natasha Ala, Kenai Convention & Visitors Bureau and Tina Baldridge, Kenai Chamber of Commerce -- 2009 Guide to Kenai Advertising Request ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGYSLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salarv Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. At the August 6, 2008 meeting, it was postponed to the September 3, 2008 meeting. The motion to approve is active.) 2. Ordinance No. 2338-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dock Improvement Capital Project Fund for Culvert Replacement. 3. Ordinance No. 2339-2008 -- Finding that Certain City-Owned Land, Identified as Tract A-l, Birch Fields Subdivision, Kenai Well Addition, According to Plat No. 2008-30 on File in the Kenai Recording District, Third Recording District, State of Alaska, (KPB Parcel No. 041-030-51), is Dedicated for a Well Site and Other Public Facilities. 4. Ordinance No. 2340-2008 -- Amending KMC 14.20.200(a) (Accessory Structures) to Allow Accessory Structures No Larger Than Two Hundred (200) Square Feet in the Rear Setback and to Define One (1) Story Height. 5. Ordinance No. 2341-2008 -- Increasing Estimated Revenues and Appropriations by $198,000 in the Airport Fund and in the Runway Improvement Capital Project Fund for the Design of the Airport Apron Pavement Rehabilitation. 6. Ordinance No. 2342-2008 -- Increasing Estimated Revenues and Appropriations by $65,000 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 7. Ordinance No. 2348-2008 -- Appropriating Five Thousand Dollars to Provide for Public Information in Support of Ballot Proposition A. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption 8. Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: Resolution No. 2008-47 was substituted and subsequently postponed to September 3, 2008. The motion to approve is active.) 9. Resolution No. 2008-55 -- Supporting the Creation of a U.S. Department of Peace. 10. Resolution No. 2008-56 -- Removing One Wooden Foam-Filled Tire Floating Dock From the List of Surplus or Obsolete Equipment, Supplies, and Materials. 11. Resolution No. 2008-57 -- Declaring Hurst Brand Extrication Equipment Surplus and Donating It to Bear Creek Fire Service Area. ITEM F: MINUTES *Regular Meeting of August 20, 2008. ITEM G: ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinanee No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation 8v Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. 4. *Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation 8s Conservation Capital Project Fund for Tidal Marsh Rehabilitation. 5. *Ordinance No. 2345-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. 6. *Ordinance No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73,030 in the Dune Rehabilitation & Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. 7. *Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC L 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 Matersals. 8. *Ordinance No. 2349-2008 -- Amending the Kenai Zoning Code at KMC 14.20.180 to Prevent the Same or Substantially Similar Variance Permit Applications From Being Considered by the Planning F3~ Zoning Commission More Than Once in Any Nine Month Period. 9. Approval -- Amendments to Library Regulations. ITEM I: COMMI5SION/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 c. Mini-Grant Steering Committee ITEM Jo REPORT OF THE MAYOR ITEM K: 1. 2. 3. %TEM L: 1. 2. ITEM M: City Manager Attorney City Clerk DISCUSSION Citizens (five minutes) Council PENDING LEG%SLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull-Out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008- 54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The motions to approve and amend are active.) EXECUTIVE SESSION -- City Manager Employment Agreement STEM N: ADJOURNMENT I{ENAI CITY COUNCIL -REGULAR MEET%NG SEPTEMBER 3, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /vnucu.ei.kenai.ak.us MAYOR PAT PORTER, PRESIDING 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-I. PLEDGE of ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Mike Bo le Pat Porter, Ma or Linda Swarner, Vice Ma or Hal Smalle Barry Eldridge Rick Ross Robert Molloy A quorum was present. Also present: Maya Johnson, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Smalley 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 Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Phil Bryson, SVince-Corthell-Bryson -- Kenai River Special Management Area Boundary Research. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 2 Bryson reported he had been requested by the city manager to evaluate the boundary of the Kenai River Special Management Area (KRSMA), in the City of Kenai specifically. Bryson reviewed the information included in the packet and noted his recommendation for the City to purchase a title search. MOTION: Council Member Swarner MOVED to direct city administration to proceed as recommended in Phil Bryson's memorandum and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. B-2. Peter Micciehe, Conoco-Phillips -- Presentation of Naming Fee/Conoco- Phillips Multipurpose Facility. Micciehe presented a signed agreement with Conoco-Phillips related to the multipurpose facility. B-3. Natasha Ala, Kenai Convention & Visitors Bureau and Tina Baldridge, Kenai Chamber of Commerce -- 2009 Guide to Kenai Advertising Request Ala and Baldridge referred to information included in the packet and noted their collaborative effort in producing a "Guide to the City of Kenai" and requested the city provide eight pages of information for the booklet at a cost of $10,080. It was noted, the deadline for purchase of the pages would be the end of September, and there was no money included in the budget for this advertising. Ala/Baldridge were requested to provide a sample to Koch. Koch was requested to include a resolution to transfer funds with a report attached. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Rod Nelson, Soldotna -- Discussed concerns with duck blinds along the flats of the river removed by the Department of Fish & Game, Parks ~ Outdoor Recreation. Council directed City Manager Koch write a letter to the Department of Natural Resources and request an explanation of their policy related to the duck blinds and request an exception on that area, allowing the hunters to continue to hunt. It was suggested copies of the letter be forwarded to the area legislators and Governor. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 3 ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. At the August 6, 2008 meeting, it was postponed to the September 3, 2008 meeting. The motion to approve is active.) MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2314-2008 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Discussion followed with comments including: • Administration believed all jobs performed in the city have an appropriate salary range. • Administration suggested adding two additional ranges (DD and EE), with afive-year period between them. • Currently, eight employees would be affected and three would move to the final EE step. • Support stated for athree-year period between the two steps, but not five. • The ordinance, as written, would offer a bonus and would not affect PERS and would not change the market range. • Making a change to the vesting schedule should be discussed during a budget work session. • Concern this would be only a temporary fix, and should be a permanent solution. • Suggestion to postpone action to September 17, 2008 and have a substitute ordinance included on the agenda based on Administration's suggestion. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone Ordinance No. 2314-2008 to the next meeting. Council Member Ross SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 4 Bo le ' No Porter Yes Swarner Yes ~ Smalley No Eldridge __ Yes Ross ~ Yes _~ ~ Molloy No j MOTION PASSED. It was noted, the substitute would include two-three year steps. E-2. Ordinance No. 2338-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dock Improvement Capital Project Fund for Culvert Replacement. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2338-2008 and 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. It was noted, the funds would be used to reimburse the Watershed Forum for the culvert. VOTE: *Student Representative Johnson: Yes Bo le Yes Porter .Yes Swarner Yes Smalle 'Yes Eldrid e Yes 'Ross Yes Molloy Yes MOTION PASSED UNAN%MOUSLY. E-3. Ordinance No. 2339-2008 -- Finding that Certain City-Owned Land, Identified as Tract A-1, Birch Fields Subdivision, Kenai Well Addition, According to Plat No. 2008-30 on File in the Kenai Recording District, Third Recording District, State of Alaska, (KPB Parcel No. 041-030-51), is Dedicated for a Well Site and Other Public Facilities. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2339-2008 and Council Member Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 5 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 Boyle 'Yes ~ Porter Yes Swarner 'Yes Smalley j Yes j Eldridge Yes Ross j Yes ' Molloy Yes MOTION PASSED UNANIMOUSLY. E-4. Ordixnanee No. 8340-2008 -- Amending KMC 14.20.200(a) (Accessory Structures) to Allow Accessory Structures No Larger Than Two Hundred (200) Square Feet in the Rear Setback and to Define One (1) Story Height. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2340-2008 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. Discussion followed with comments including: • .The Planning 8c Zoning Commission passed its original resolution and took no action on the substitute. • Because the Commission had been receiving a number of applications for variances, the ordinance would allow structures to be placed closer to the property line. MOT%ON TO AMEND: Council Member Molloy MOVED to amend, page 17, paragraph 3, line 2, after 200 s.f., adding "with no side or end longer than 16 feet,". Council Member Boyle SECONDED the motion. Comments included: The Commission approved their Substitute A and addressed the 120 s.f. issue. • The Commission's concern was with the "unless the building official grants a waiver for good cause." Most of the discussion was with regard to the variance and was why the substitute was rejected. KENAI CITY, COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 6 VOTE ON AMENDMENT: *Student Representative Johnson: Yes Bo le Yes ~ Porter Yes __ Swarner No ' Smalle Yes Eldrid e No Ross Yes Mollo Yes MOTION PASSED. MOTION TO AMEND: Council Member Boyle MOVED to amend Item #3, page 17, by deleting "..., and not more than one story in height" and delete Item #7 and add a new #7, "a shed may be tall enough to provide for mezzanine storage, but not be so tall as to have a second story." Council Member Molloy SECONDED the motion. Council comments included: • A 4 x 12' roof would not provide for an upper story for storage, which could be of maximum benefit for the least amount of money. • Concern, if going to allow closer placement to a property line, a 12' height would give reasonable storage and access to an upper level without negatively affecting the neighbors. • The Planning & Zoning Commission found the 12' height satisfactory and an application could be submitted for variance consideration. • Concern the amendment would make a considerable change to the ordinance and the public would not have the ability to speak to it. • Belief the amendment would not allow for unreasonable or unlimited height. VOTE ON AMENDMENT: *Student Representative Johnson: No Boyle i Yes Porter No Swarner No Smalley ~ No ~ Eldridge ~ No Ross ~ No Molloy No MOTION FAILED. VOTE ON MAIN AMENDED MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 7 *Student Representative Johnson: Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes Eldridge ~ Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E-5. Ordsnance No. 2341-2008 -- Increasing Estimated Revenues and Appropriations by $198,000 in the Airport Fund and in the Runway Improvement Capital Project Fund for the Design of the Airport Apron Pavement Rehabilitation. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2341-2008 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Swarner MOVED to amend the title, changing "Runway Improvement Capital Project Fund" to "Airport Improvement Capital Project Fund" and, in the appropriations section, change "Runway Improvement Capital Project Fund" to "airport Improvement Capital Project Fund" and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MA%N AMENDED MOTION: *Student Representative Johnson: Yes Boyle !Yes ~ Porter ;Yes Swarner ~ Yes `: Smalley ;Yes ;Eldridge Yes Ross Yes Molloy ;Yes MOTION PASSED UNAN%MOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 8 E-6. Ordinance No. 2342-2008 -- Increasing Estimated Revenues and Appropriations by $65,000 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2342-2008 and 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: *Student Representative Johnson: Yes Bo 1e ~ Yes ;Porter Yes Swarner Yes Smalley Yes Eldrid e Yes Ross Yes Molloy Yes _ _. _ MOTION PASSED UNANIMOUSLY. E-7. Ordinance No. 2348-2008 -- Appropriating Five Thousand Dollars to Provide for Public Information in Support of Ballot Proposition A. E-7a. Motion for Yntroduction MOTION TO YNTRODUCE: Council member Swarner MOVED to introduce Ordinance No. 2348 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. Bob Peters, OId Town, Kenai -- Questioned whether it was appropriate for council to appropriate ,funds to convince voters on the issue and felt the voter pamphlet would be enough, though he believed there should be an information mail out. VOTE ON INTRODUCT%ON: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 9 Bo le Yes Porter Yes Swarner ~ Yes Smalley Yes ~ Eldridge (Yes ~ Ross Yes ' Molloy Yes MOTION PASSED UNANIMOUSLY. E-7b. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Council Mernber Swarner MOVED to have the second reading of Ordinance No. 2348- 2008 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE ON SECOND READING: There were no objections. SO ORDERED. E-7c. Motion for Adoption MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2348-2008 and Council member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Discussion and comments followed: • It was explained, State law required appropriation of funds be made specifically if the city would want to influence or take a position on an issue. • Council could send out an informational brochure. • Council was provided a draft of the information written to send to voters of the city. MOTION TO AMEND: Council Member Molloy MOVED to remove "in support of in the eighth whereas paragraph, in the third line of the title, and in the "Now, Therefore" paragraph. Council Member Smalley SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 10 Boyle Yes Porter Yes Swarner C Yes Smalley Yes Eldridge ~ Yes Ross Yes j Molloy Yes. ~ ~ ~ MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: "Student Representative Johnson: Yes A brief discussion followed related to the draft informational statement provided to council during which several suggestions were made, i.e. length, additional council review, etc. Consensus of council was to delegate the finalization of the information and proceed with the mailing. E-8. Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: Resolution No. 2008-47 was substituted and subsequently postponed to September 3, 2008. The motion to approve is active.) City Manager Koch requested several additional weeks to continue discussions with the property owners and to investigate other options related to type of construction that could be more appropriate instead of asphalt due to the length of the- road and the number of property owners. Koch requested the resolution be postponed to September 17, 2008. The floor was opened for public hearing. Jerry Huf, 765 Ames Road, Kenai -- Spoke in opposition to the resolution, noting property values were over $4 Million on his side of the road; paving would lessen maintenance for the city; 51% of the property owners were in support of the LID; was willing to work with other property owners with alternatives; the property owners had been working on the LID for three years; believes the city was obligated to the community to pave the road; and, the development of the large properties should pay more than a single property owner. MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 11 Greg Davis; 785 Ames Road, Kenai -- Spoke in opposition to the resolution, noting it would be an expensive project, the road was needing to be paved, and the latest proposed cost was good (though not included in the packet). Koch noted the initial cost information provided was a year old, costs had changed, and suggested a new packet of information be mailed to the property owners to see if the property owners were still in support of the project. Bsll Bryant, 925 Ames Road, Kenai -- Spoke in opposition to the resolution, noting he had talked with all the property owners who had signed the petition and they were all aware of the updated city manager's proposal, felt two property owners were holding the project hostage, and he would like to move forward with the paving project. Koch again noted he wanted to provide an information packet to the property owners and meet with them again and suggested the resolution be postponed to the October 1, 2008 meeting. MOTION TO POSTPONE: Council Member Ross MOVED to postpone Resolution No. 2008-47 to the second meeting in October. Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: xStudent Representative Johnson: Yes Boyle ~ Yes Porter Yes Swarner Yes Smalle .Yes Eldrid e Yes Ross Yes Mollo i Yes MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2008-55 -- Supporting the Creation of a U.S. Department of Peace. MOTION: Council Member Swarner MOVED to approve Resolution No. 2008-55 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Discussion followed with comments including: KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 12 o The resolution was changed by deleting references to HR808, though it would still endorse HR808; the implications of HR808 would not be known until after the bill comes out of committees, etc.; and currently, HR808 involved domestic areas, i.e. gun laws, domestic violence, treatment of animals, etc. • Suggestion the resolution be tabled until HR808 would come out of committees, congressional delegation reviews, and council could review. • Disagree with tabling as council had voted on other issues in process. • Would prefer tabling in order for a substitute resolution be prepared to support the concept of peace. The floor was reopened for public comment. Jackie Oberg, 406 Rogers Road, Kenas -- Reported on her involvement with the Peace Alliance and supported the resolution being based on the concept of peace. MOTION TO POSTPONE: Council Member Ross MOVED to table Resolution No. 2008-55 until it is reported out of committee and have some input received from the congressional delegation. Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Johnson: Boyle No Porter _ Yes Swarner i No !Smalley No Eldridge I Yes f Ross ~ Yes Molloy No MOTION FAILED. MOTION TO POSTPONE: Council Member Smalley MOVED to postpone Resolution No. 2008-55 until such time that Council Member Swarner and perhaps the petitioner Ms. Oberg, meet with City Attorney Graves to draft a resolution that speaks to the intent and basically separates itself from the house bill. Council Member Swarner SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Johnson: Yes Boyle No Porter Yes Swarner Yes _ KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 13 Smalley Yes Eldridge Yes Ross No Molloy ~ Yes ~ ~ ~ ~ ~ MOTION PASSED. BREAK TAKEN: 9:10 P.M. BACK TO ORDER: 9:24 P.M. E-10. ,Resolution No. 2008-56 -- Removing One Wooden Foam-Filled Tire Floating Dock From the List of Surplus or Obsolete Equipment, Supplies, and Materials. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2008-56 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. A brief discussion followed with comments including: • Additional floats might be needed at the fire training grounds. • It was not known whether the floats could be used there. • Administration was not opposed to removing all the floats and storing them until next year if not needed. MOTION: Council Member Eldridge MOVED to amend by changing references to "one" float to "five." Council Member Smalley SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Boyle Yes Porter Yes i Swarner Yes ~ Smalley Yes ;Eldridge ,Yes Ross Yes Molloy ~ Yes ~ ~ ~ ~ MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Council Member Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 14 E-11. ,Resolution No. 2008-57 -- Declaring Hurst Brand Extrication Equipment Surplus and Donating It to Bear Creek Fire Service Area. MOTION: Council Member Smalley MOVED to adopt Resolution No. 2008-57. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. 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: MINUTES F-1. Regular Meeting of August 20, 2008 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bslls to be Ratified MOTION: 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 X15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding X15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. KENAI CITY' COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 15 \7OTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. Introduced by approval of the consent agenda. H-4. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation 8v Conservation Capital Project Fund for Tidal Marsh Rehabilitation. Introduced by approval of consent agenda. H-5. Ordinance No. 2345-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. Introduced by approval of consent agenda. H-6. Ordinance No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73,030 in the Dune Rehabilitation & Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. Introduced by approval of consent agenda. H-7. Ordinance No. 234?-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. Introduced by approval of consent agenda. H-8. Ordinance No. 2349-2008 -- Amending the Kenai Zoning Code at KMC 14.20.180 to Prevent the Same or Substantially Similar Variance Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine Month Period. Introduced by approval of consent agenda. H-9. .Approval -- Amendments to Library Regulations. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 16 MOTION: Council Member Smalley MOVED for approval of the amendments of the Library Regulations as specified on pages 95-101 of the packet. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Eldridge reported the next meeting was scheduled to be held on September 11, 2008. I-2. Airport Commission -- Council Member Molloy reported the August 14, 2008 meeting summary was included in the packet and the next meeting was scheduled to be held September 11, 2008. Y-3. Harbor Commission -- Council Member Boyle reported the next meeting was scheduled to be held on Monday, September 8, 2008. I-4. Library Commission -- Council Member Smalley reported on discussions and actions take at the September 2, 2008 Commission meeting, including holding of a library expansion fundraiser and requested administration to work with the Friends of the Library, Library Commission and the City. Koch noted, the city would have to take a leadership role in the fundraising effort for the X400,000 match which needed to be made by June 1, 2009. I-5. Parks 8c Recreation Commission -- Council Member Eldridge noted a special meeting had been scheduled for September 4 and the next regular meeting would be held October 2, 2008. %-6. Planning & Zoning Commission -- Council Member Ross reviewed actions and discussions taken at the August 27, 2008 meeting, noting the meeting minutes were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported Mayor Porter would attend the next regular meeting scheduled for September 9, 2008. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 17 I-7b. Alaska Municipal League Report -- Council Member Smalley gave a brief update of discussions/actions taken at the AML summer meeting in Wrangell. I-7e. Mini-Grant Steering Committee -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • she attended Industry Appreciation Day and the Old Timers' luncheon. • She traveled to Seward with the Alaska Cruise Association. • She attended the Wal-Mart grand opening. • Attended the luncheon for Bob Springer, the former Building Official. ITEM K: K-1. City Manager -- City Manager Koch noted the following: • 'The current fencing on the north and south shores would be removed beginning September 15. For next summer the south side would have similar fencing and the north shore hopefully would have permanent fencing. • Hope to have a dip net report forwarded to council by the second meeting in October. • Requested a work session be scheduled to discuss subsystem water system improvements with the consultant. A work session was scheduled for 5:30 p.m. on October 1, 2008. Alight dinner was requested. • Complimented Building Official Bob Springer on his years of service to the city, noting he had never received complaints from contractors related. to his working with them; he had been diligent and professional in his applications of building codes, etc.; and, his leaving the employ of the city would be a great loss. Council Member Ross noted, in his relationship with Springer, both professionally and personally over the years, Springer was exceptional with the way he worked with people and he did an outstanding job for the city. Council Member Swarner agreed. K-2. .Attorney -- No report. K-3. City Clerk -- Reminded council of the work session scheduled for 5:00 p.m., September 17, 2008 to formulate the city's FY09 capital improvement list. ITEM L: DISCUSSION L-I. Citizens -- Bob Peters, Old Town, Kenai -- Noted the following: • Asked if there were plans to build a permanent fence to protect dunes on the north beach. Koch answered yes. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 18 • Suggested the informational mailing to voters be in letter form and felt the issue may need more of an explanation. L-2. Council Boyle -- No comments. Molloy -- No comments. Ross -- No comments. Johnson -- Reported the KCHS Homecoming would be held in two weeks. Eldridge -- Thanked. the city for supplying "big toys" for Industry Appreciation Day. Smalley -- Noted the following: • He also attended the Old Timers' luncheon. • ,Library circulation was up five percent from August 2007. • He attended the Springer luncheon and noted, Springer was an asset to the city and would definitely be missed. Swarner -- Noted the following: • She attended the Old timers' luncheon. • Reported she thought the city was looking very good. • Reminded all of the Food Bank Soup Supper to be held September 13, 2008. Porter -- Noted the information article related to the Kenai airport. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull-Out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008- 54 received a motion to approve, a motion to amend, and then was tabled to September 1 ~, 2008. The motions to approve and amend are active.) -- City Manager Employment Agreement MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 19 Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concerning the City Manager Employment Agreement, a matter that would tend to prejudice the reputation and character of another. Council Member Smalley SECONDED the motion. VOTE: Boyle ~ Yes Porter ~ Yes Swarner Yes Smalley Yes Eldridge Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. CONVENE IN EXECUTIVE SESSION: 10:20 P.M. BACK TO ORDER: 10:58 P.M. Council Member Swarner reported the council was directing City Attorney Graves to prepare a contract for the city manager after consulting with the mayor. ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 11:00 p.m. Minutes submitted by: ,~~1~~ ~ „?;~„g. t<wi 4 ~~ _ . ... _~ ~~~ i.~~~-tom/ ~~2~°~. Carol L. Freas, City Clerk ~ ~.I>n1 1~~','~ *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.