HomeMy WebLinkAbout2009-02-04 Council MinutesITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Al1 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 LEGYSLATORS AND COUNCBLS
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Ordinance No. 2375-2009 -- Amending KMC 23.50.010(c) Changing the
Range that Pofice Trainees are Paid While at the Police Academy in Sitka
from a Range 2 to a Range 2, Step F.
Ordinance No. 2376-2009 -- Increasing Estimated Revenues and
Appropriations by $4,000 in the General Fund Fire Department for a
State Grant.
Ordinance No. 2377-2009 -- Increasing Estimated Revenues and
Appropriations by $200,500 in the Airport Special Revenue Fund and the
Courthouse Parking Capital Project Fund for Construction.
Ordinance No. 2378-2009 -- Increasing Estimated Revenues and
Appropriations by $5,417 in the General Fund for State Traffic Grant
Overtime Expenditures.
5. Ordinance No. 2379-2009 -- Authorizing a Budget Transfer of $10,000
From the General Fund Parks to the General Fund Non-Departmental
and Increasing Estimated Revenues and Appropriations by $10,000 in
the Dunes Rehabilitation Capital Projects Fund for Protective Fencing.
6. Ordinance No. 2380-2009 -- Appropriating X325,000 From Airport
Funds to Purchase Certain Improvements on Property Known as Tract A-
1-A, Baron Park Subdivision, Fire Addition From the University of
Alaska.
7. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency
Fund Agreement with the Kenai Community Foundation.
8. TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, d/b/a One Stop
Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474.
ITEM F: MINUTES
1. *Regular Meeting of January 21, 2009.
ITEM G:
ITEM H:
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2381-2009 -- Amending the Development Requirements
Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty-Five
(25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial
(IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial
(CG) and Central Mixed Use Zones (CMU).
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning 8s Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Mini-Grant Steering Committee
d. Advisory Cemetery Committee
e. Kenai Convention & Visitors Bureau
f. Salmon Task Force
ITEM J: REPORT OF THE MAYOR
ITEM I~:
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
ITEM M: PENDING LEGISLL~TION {This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumiey Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary Fromw900 to $1,000 Per Month and Council Members' Salaries From X400 to
$500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first
meeting in July, 2009, to allow for further consideration of a salary increase during the
budget FYI O budget process.)
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, Substitute B was moved for adoption at the January 21,
2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items
from the ordinance are to be incorporated into a suggested policy as well as an
ordinance identifying those items to codify.)
EXECITTI~E SESSION -- None Scheduled
ITEM N: P,D30URNMENT
IiENAI CITY COilNCIL - REG4ILAR MEETING
MINITTES
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 Acting City Clerk took the roll. Present were:
Pat Porter, Mayor Hal Smalle Joe Moore
Bar Eldrid e Rick Ross, Vice Ma or Robert Mo11o
Mike Boyle
A quorum was present.
Also present: Student Representative Maya Johnson
A-3. Agenda Apgsroval
The following changes were requested:
ADD TO: E-8, Transfer of Liquor License -- Withdrawal of Protest from the Kenai
Peninsula Borough
MOVE: E-8, Transfer of Liquor License -- To be heard first during Public
Hearings.
MOVE: E-7, Resolution 2009-02 -- To be heard as soon as the Representative
from Kenai Community Foundation arrived within Public Hearings.
MOTION:
Council Member Smalley MOVED to approve the agenda with the requested changes
and requested ilNANYMOd1S CONSENT. Council Member Eldridge SECONDED the
motion. There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 2
A-4~. Consent Agenda
MOTION:
Council Member Smalley MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion. There were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS -- None
ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None
YTEM D: REPORT5 OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
Assembly Member Smalley gave a brief report of actions and discussions that took
place at the February 3, 2009 Borough Assembly meeting.
ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
E-8. TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, d/b/a One Stop
Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474.
City Attorney Graves reviewed information included in the packet; noting back taxes
would need to be paid prior to the reissue of the license.
rzOTI®N:
Council Member Eldridge MOVED to approve the transfer of liquor license and Council
Member Smalley SECONDED the motion.
VOTE:
"Student Representative Johnson: YES
Smalle YES Moore YES j Eldrid e YES
~ Ross YES Mollo YES Boyle ,YES
Porter YES
MOTION PASSED UNANIMOUSLY.
E-I. Ordinance No. 2375-2009 -- Amending KMC 23.50.010(c) Changing the
Range that Police Trainees are Paid While at the Police Academy in Sitka
from a Range 2 to a Range 2, Step F.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 3
MOTION:
Council Member Smalley MOVED to adopt Ordinance No. 2375-2009 and Council
Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
City Manager Koch noted this was to allow the same rate of pay for students at the
Police Academy as they would make at work.
VOTE:
*Student Representative Johnson: YES
Smalle YES Moore :YES Eldrid e YES
Ross YES Molloy 'YES Boyle YES
Porter YES
MOTION PASSED UNANIMOUSLY.
E-7. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency
Fund Agreement with the Kenai Community Foundation.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2009-02 and. Council
Member Eldridge SECONDED the motion.
The floor was opened for public hearing.
Rick Baldwin, 3080 I{im N Ang Court -- Baldwin gave an overview of the Kenai
Community Foundation's history and mission, noting the City would act as the
custodian of the fund, which he believed would enhance rather than duplicate
functions within the City.
There being no further comments, the public hearing was closed.
MOTION:
Council Member Smalley requested UNANIMOUS CONSENT and Council Member
Eldridge SECONDED the motion. There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 4
E-2. Ordinance No. 2176-2009 -- Increasing Estimated Revenues and
Appropriations by $4,000 in the General Fund Fire Department for a
State Grant.
MOTION:
Council Member Eldridge MOVED to approve Ordinance No. 2376-2009 and Council
Member Smalley SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
*Student Representative Johnson: YES
Smalley YES Moore YES ~ Eldridge YES
Ross ~ YES ~ Molloy ~ YES Boyle YES
Porter ~ YES
MoTaoN PassED uNaNrMOUSLY.
E-3. Ordinance No. 2377-2009 -- Increasing Estimated Revenues and
Appropriations by $200,500 in the Airport Special Revenue Fund and the
Courthouse Parking Capital Project Fund for Construction.
MOTION:
Council Member Eldridge MOVED to approve Ordinance No. 2377-2009 and Council
Member Molloy SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
City Manager Koch noted the project would have a payback time of eight to nine years.
Council member Molloy noted the addition to the courthouse was mostly completed
and the court rooms were being used.
VOTE:
*Student Representative Johnson: YES
Smalle YES Moore YES Eldrid e YES
Ross ;YES Molloy _ YES Bo le ___ ;YES ____
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 5
~, Porter YES I I I
MOTION PASSED UNANIMOUSLY.
E-4. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and
Appropriations by $5,417 in the General Fund for State Traffic Grant
Overtime Expenditures.
MOTION:
Council Member Smalley MOVED to adopt Ordinance No. 2378-2009 and Council
Member Eldridge SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
*Student Representative Johnson: YES
Smalle YES Moore YES Eldridge YES
Ross YES Molloy YES Boyle , YES
Porter YES
MOTION PASSED UNANIMOUSLY.
E-5. Ordinance No. 2379-2009 -- Authorizing a Budget Transfer of $10,000
From the General Fund Parks to the General Fund Non-Departmental
and Increasing Estimated Revenues and Appropriations by $10,000 in
the Dunes Rehabilitation Capital Projects Fund for Protective Fencing.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2379-2009 and Council
Member Eldridge SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
City manager Koch noted the ordinance covered fencing only, not elevated walkways
and noted, staff would work to uncover the buried walkways.
VOTE:
*Student Representative Johnson: YES
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 6
Smalle YES 'Moore YES Eldrid e YES
_
Ross YES ~ Mollo YES 'Boyle YES
_
Porter c YES j
MOTION PASSED UNANIMOUSLY.
E-Fs. Ordinance No. 2380-2009 -- Appropriating $325,000 From Airport
Funds to Purchase Certain Improvements on Property Known as Tract A-
1-A, Baron Park Subdivision, Fire Addition From the University of
Alaska.
MOTION:
Council Member Eldridge MOVED to adopt Ordinance No. 2380-2009 and Council
Member Smalley SECONDED the motion.
The floor was opened to public hearing.
Itiek Saldwin, 3080 Kim N Ang Court -- Spoke in favor of the purchase; noting the
Rotary originally wanted to sponsor the area as a park, and complimented the Council
on this ordinance.
There being no further comments, the public hearing was closed.
Council Member comments included:
• Encouraged Administration and the Airport Commission to look at
other lands to acquire.
• Thanked Administration for their work on the issue.
• Expressed concern with taking monies from the Airport Fund.
• Noted improvements to the land would be purchase and the lease
would be terminated.
Koch reported this land would be a valuable asset to the City, he would be looking for
a master plan for the park, which would be eight to ten acres.
VOTE:
*Student Representative Johnson: YES
Smalley YES Moore YES ~ Eldridge YES
Ross ~
~ Molloy YES ~ Boyle i YES
Porter YES
MOTYON PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 7
ITEM F: MINUTES
F-1. Regular Meeting of January 21, 2009 -- Approved by consent agenda.
ITEM G: UNF%NISHED BUSINESS -- None
ITEM H: NEW BUSINESS
H-1. Ratification of Bslls
MOTION:
Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS
CONSENT. Council Member Eldridge SECONDED the motion. There were no
obje-ctians. 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 Smalley SECONDED the
motion. There were no objections. SO ORDERED.
H-3. Ordinance No. 231-2009 -- Amending the Development Requirements
Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty-Five
(25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial
(IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial
(CG) and Central Mixed Use Zones (CMU).
Introduced by approval of consent agenda.
ITEM I:
I-1. Council on Aging -- Council Member Ross reported the next meeting
would be held on February 12, 2009.
I-2. Airport Commission -- Council Member Eldridge reported the next
meeting would be held on February 12, 2009, and Council Member Moore would be
attending in his absence.
I-3. Harlsor Commission -- Council Member Smalley reported the next
meeting would be held on February 9, 2009.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 8
I-4. Library Commission -- Councii Member Boyle reported on the February
3, 2009 meeting, noting the groundbreaking for the expansion would be in 2010.
I-S. Parks & Recreation Commission -- Council Member Moore reported the
next meeting would be held on April 2, 2009.
I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the
minutes of the January 28, 2009 meeting which was included in the packet.
Y-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee -- Mayor Porter reported the next meeting
was February 10, 2009 and appointed Leah Stanford to the Committee.
I-7b. Alaska Municipal League Report -- Council Member Smalley reviewed
the meetings he attended in Juneau during the AML Winter meeting and noted the
AML Capital Improvements List was finalized.
I-7e. Mini-Grant Steering Committee -- Council Member Moore reported the
next meeting would be the week of February 16, 2009.
I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported
the next meeting would be February 19, 2009, and Mayor Porter would be attending in
his absence.
I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley
reviewed the meeting of February 2, 2009; noting the 2009 budget was approved.
I-7f. Salmon Task Force -- Council Member Moore reported the next meeting
would be held on February 11, 2009.
BREAK TAKEN: 8:00 P.M.
BACK TO ORDER: 8:05 P.M.
ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following
items:
• She received notice from the State the 2008 population of the City of
Kenai was 7,115, an increase of approximately four percent.
• Boys and Girls Club had expressed concerns over funding.
• She attended the Kenai Chamber of Commerce Awards where Susan
Smalley received the Volunteer of the Year award.
• She dropped the puck at a recent Brown Bears hockey game.
• She met with the Governor in Juneau during AML Winter Meeting.
• She would be presenting at the Unocal Retirees luncheon on February 5,
2009.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 9
• She would be working on the Kenai Peninsula Borougri School District
Battle of the Books on February 7, 2009.
ITEM K: ADMINISTRATION REPORTS
K-1. City Manager -- City Manager Koch reported the following:
• He spoke on KDLL regarding the Federal Stimulus.
• The first meeting with Audio Streaming would be April 1, 2009.
• His son had listened to Gavel to Gavel, and noted Wildwood would be
adding 68 beds for a halfway house.
• He attended meetings in Juneau which went well.
• The design for the library expansion would be completed midsummer,
the project would go to bid in December 2009 with a bid opening in late January
2010, and the groundbreaking would occur in the spring of 2010.
K-2. Attorney -- City Attorney Graves reported 13 applications had been
received for the Attorney position. A work session was set for March 10, 2009 at 6:00
p.m. to review the resumes.
K-3. City Clerk -- Acting City Clerk had no report. Mayor Porter inquired as
to the need for the Action Agenda in the Commission packets. Council Member
Smalley reported they were appreciated by commissioners with whom he worked.
ITEM L:
L-1. Citiaeas -- None
L-2. Council
Boyle -- No comments.
Molloy -- No comments.
Ross -- No comments.
Johnson -- Reviewed the activities at Kenai Central High School, including
parent/teacher conferences and Job Shadow Day (February 24, 2009).
Eldridge -- Reported EDD had elected new board members and he would be
teleconferencing in to the next Council meeting.
Moore -- No comments.
Smalley -- Reported the Federal Stimulus still contained $800 Million for the State of
Alaska.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2009
PAGE 10
ITEM M: PEND%NG LEGISL?.TION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's
Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to
$500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first
meeting in July, 2009, to allow for further consideration of a salary increase during the
budget FYIO budget process.)
Ordinance No. 23-^r':-2008 -- Repealing the Existing I{MC 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, Substitute B was moved for adoption at the January 21,
2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items
from the ordinance are to be incorporated into a suggested policy as well as an
ordinance identifying those items to codify.)
-- None Scheduled
'aTEPd N: e"x^u.pOUI2IdPdEPr T
There being no further business before the Council, the meeting adjourned at
approximately 8:32 p.m.
Minutes submitted by:
Corene Hall, Acting City 1C re k
*The student may cast advisory votes in all matters except those subject to executive
session discussion. Advisory cotes shall be cast prior to the official council cote and
shall not affect the outcome of the cote. Advisory notes shall be recorded in the minutes.
A student representative may not move or second items during a council meeting.
R®eJE i31' COIlh1011