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HomeMy WebLinkAbout2009-03-04 Council MinutesAGENDA KENAI CITY COUNCgp~IL - REGUpLAR MEETING MARIiH 4y 2®®> 7:®® P.M. KENAI CITY COUNCIL CHAMBERS ht4~: J Iwww.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) YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEG%SLATORS AND COUNCILS %TEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. 2. Ordinance No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by $54,230 in the Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. Ordinance No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by $22,973 in the Airport Fund and by $918,899 in the Airport Equipment Capital Project Fund for the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck. 5. Ordinance No. 2386-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project. 6. Ordinance No. 238'7-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-2008 by $179,004 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Apron Pavement Rehabilitation Project. 7. Ordinance No. 2388-2009 -- Amending KMC 7.15.060 to Allow Surplus or Obsolete Supplies, Materials or Equipment to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of the City. Ordinance No. 2389-2009 -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. 9. Resolution No. 2009-04 -- Awarding the Bid to Kodiak Island Native Supply for North Beach Fence Materials - 2009 for the Total Amount of 535,303.26. 10. Resolution No. 2009-05 -- Authorizing the Use of the Equipment Replacement Fund to Purchase a 4X4 Articulating Multipurpose Municipal Tractor with Snow Blower and Ditch Mower Attachment. 11. WITHDRAWAL OF PROTEST OF CONTINUATION OF OPERATION -- Kenai Landing Inc., d/b/a Kenai Landing (License #4355)/Beverage Dispensary -- Tourism/Seasonal. 12. WITHDRAWAL OF PROTESTS: CONTINUATION OF OPERATION, RENEWAL of LIQUOR LrcENSE, AND TRANSFER of LIQUOR LICENSE -- Amy & George Bowen, d/b/a One Stop Liquors (License #2319)/Package Store. 13. *LIQUOR LICENSE RENEWALS -- • Pizza Paradisos #3032 -- Beverage Dispensary • Don Jose's Mexican Restaurant #3039 -- Beverage Dispensary • Oaken Keg Spirit Shop #1808 (Lic. #3218) -- Package Store • Three Bears #4118 -- Package Store • 2 Go Mart #4544 -- Package Store ITEM F: MINUTES *Regular Meeting of February 18, 2009. ITEM G: UNFINISHED BUSINESS ITEM H: Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2390-2009 -- Amending Kenai Municipal Code Chapter 12.40 to Eliminate Secondhand Tobacco Smoke Exposure in Places of Employment and Other Public Places. 4. *Ordinance No. 2391-2009 -- Amending KMC 14.20.240(c)(6) to Allow an Extension for the Ninety (90) Day Time Limit for Skirting in Mobile Homes Placed in Mobile Home Parks. *Ordinance No. 2392-2009 -- Amending KMC 21.05.085, Airport Fuel Flowage Fee. Approval -- Extension of Homer Electric Association, Inc. Lease/Alaska Fire Training Center -- 459 Marathon Road, Kenai. 7. Approval -- Mutual Termination of Lease and Asset Purchase Agreement/University of Alaska Lease -- Tract A-1, Baron Park Subdivision No. 7 (a Re-subdivision of Tract A, Baron Park Subdivision No. 5). 8. Discussion -- Letter of Agreement/Department of Public Safety, Alaska State Troopers, Bureau of Highway Patrol and Kenai Police Department/Alaska State Trooper Traffic Team. ITEM I: COMMISSYON/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. Beautificafion 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 3: REPORT OF THE MAYOR ITEll~i K: 1. City Manager 2. Attorney 3. City Clerk %TEIdI L: D%SCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLtATION (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 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.) EXECUTYVE SESSION -- None Scheduled ITEP/I N: P.DJOURNMENT KENAI CITY COUNCIL -REGULAR MEETING MINUTES YTEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:02 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: Barry Eldridge Rick Ross, Vice Ma or 'Robert Mollo Mike Boyle ~ Pat Porter, Ma or Hal Smalle Joe Moore A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: SUBSTITUTE: H-2, Purchase Ordeal Exceeding $15,000 -- New list moves Kodiak Island Native Supply from Increase of Existing Purchase Order. ADD TO: H-3, Ordinance No. 23,0-2009 -- Letters of support from G. Delgaizo, B. Ahlberg (Boys 8v Girls Club), and A. Sappah (Substance Abuse Directors Association), and S. Pfaffe. ADD AS: Information Ytem No. 5 -- Correspondence related to the proposed rezone of property along Kenai Spur Highway Corridor from: C. Winegarden, P. Falkenberg, J. Espy, with some council responses. MOTION: Council Member Moore MOVED for approval of the agenda with the requested changes and Council Member Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 2 MOTION TO AMEND: Council Member Ross MOVED to remove Ordinance No. 2390-2009 from the consent agenda and move it to be the first item under public hearings. Council Member Eldridge SECONDED the motion. VOTE ON THE AMENDMENT: *Student Representative Johnson: Yes Eldrid e ' Yes Ross Yes Mollo Yes Bo le Yes Porter Yes Smalley Yes Moore ~ Yes ~ ~ MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDED MOTION: There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Debbie Sonberg, 410 Cinderella, Kenai -- Having signed in prior to the meeting, was not certain of what items she wanted to speak. Russell Sonberg, 410 Cinderella, Kenai -- Spoke in opposition to the proposed rezone of properties along the Kenai Spur Highway. Mark Schrag, 312 Princess Lane, Kenai -- Spoke in relation to the proposed rezone and requested clarification of the schedule. Mayor Porter reported the ordinance for proposed rezone of properties along the Kenai Spur Highway would be included on the March 18, 2009 council meeting agenda for introduction and had not yet been addressed by council. At that time, amendments could be considered. ITEM D: REPORT5 OF KPB ASSEMBLY LEGISLATORS AND COUNCILS KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 3 None. ITEM E: PUBLIC HEARENGS (Testimony limited to 3 minutes per speaker.) H-3. Ordinance No. 2390-2009 -- Amending Kenai Municipal Code Chapter 12.40 to Eliminate Secondhand Tobacco Smoke Exposure in Places of Employment and Other Public Places. Item removed from consent agenda and moved forward for public hearing. MOT%ON TO INTRODUCE: Council Member Smalley MOi7ED to introduce Ordinance No. 2390-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. Pamela Howard, 48966 Minnick, Soldotna -- Stated her support for the ordinance. Patrick A. Hawkins, 36115 Pioneer Drive, Soldotna -- Stated he was representing the VFW, spoke in opposition to the ordinance, and felt it was aborough-wide issue. Gary Superman, P.O. Box 8425, Nikiski -- Stated he was representing the Kenai Peninsula Borough CHARR as its president and spoke in opposition to the ordinance. Paul Morrison, 850 Auk, Apt. 2, Kenai -- Spoke in opposition to the ordinance. Levi Superman, 51661, Nikiski -- Spoke in opposition to the ordinance. Bill Osborn, 423 Rogers Road, Kenai -- Spoke in support of the ordinance. Chrystal 5choenrock, 55335 Bell Avenue, Box 8583, Nikiski -- Spoke in opposition to the ordinance. Joe Stanford, 46875 S. Miller Loop Road, Kenai -- Spoke in opposition to the ordinance. Grace Olendorff, 37555 Stone Hollow Drive, Soldotna -- Spoke in support of the ordinance. Cindy Stonecypher, 47117 Lexington, Kenai -- Spoke in opposition to the ordinance. Emily Nenon, American Cancer Society -- Spoke in support of the ordinance and offered assistance to the council. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 4 Jenny Olendorff, 37555 Stone Hollow Drive, Soldotna -- Spoke in support of the ordinance. Mike Henry, 10800 Kenai Spur Highway, Kenai -- Spoke in opposition to the ordinance. Margaret Gilman, 216 Susienanna Lane, Kenai -- Spoke in support of the ordinance. Ramon Barrett, 53220 Jahwa Lane, Kenai -- Spoke in opposition to the ordinance. BREAK TAKEN: 8:24 P.M. BACK TO ORDER: 8:27 P.M. Aaron Parker, P.O. Box 1337, Sterling -- Spoke in support of the ordinance. Don Pearce, 155 Richfield Drive, Kenai -- Spoke in opposition to the ordinance. John C. Parker, 908 Highland Avenue, Kenai -- Spoke in support of the ordinance. Teresa Hanson, 45055 Holt Lamplight Road, Kenai -- Spoke in opposition to the ordinance. Blaine Gilman, 216 Susieanna Lane, Kenai -- Spoke in support of the ordinance. Kate Shultz, Cherry Circle, Soldotna -- Spoke in support of the ordinance. There be no one else wishing to speak, the public hearing was closed. Council discussion followed with comments including: • Request for the city attorney to research the concerns spoken related to rights and civil liberties. • Concern the ordinance was too broad, trying to protect adults from their own actions, and felt the current ordinance could be amended. • Support for a work session to further review and discuss the ordinance. • Support for a work session to review the current ordinance and develop amendments to it. • Support of a work session after the introduction of Ordinance No. 2390- 2009. • Support of the ordinance and the concept that it would protect the rights of people. s Agrezd the ordinance was too broad and supported amending the existing ordinance. • To be effective, felt there should be a borough-wide ordinance. o Supported encouraging the Kenai Peninsula Borough Assembly to present it as a borough-wide ballot issue. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 5 MOTION TO TABLE: Council Member Smalley MOVED to table Ordinance No. 2390-2009 and have it be part of a work session. Council Member Boyle SECONDED the motion. VOTE ON MOTION TO TABLE: *Student Representative Johnson: Yes Eldrid e No Ross No Molloy Yes Boyle Yes (Porter ~ No ~ Smalley j Yes ~ Moore No MOTION FA%LED. VOTE ON INTRODUCTION: *Student Representative Johnson: Yes Eldrid e No Ross No Mollo Yes Boyle Yes Porter No Smalley Yes Moore No MOTION FAILED. A work session on the current ordinance was scheduled for May 28, 2009, to be held in the council chambers and begin at 6:00 p.m. E-1. Ordinance No. 2382-2009 -- Increasing Estimated Revenues and Appropriations by $5,200 in the General Fund for a Library Grant. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2382-2009 and Council Member Moore SECONDED the motion. The floor was opened for public hearing. Sob Peters, OId Town, Y{enai -- Spoke in support of the ordinance. There being no one else wishing to speak, the public hearing was closed. There were no council comments. VOTE: KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 6 *Student Representative Johnson: Yes Eldrid e Yes Ross Yes Mollo Yes Bo le Yes Porter ~ Yes Smalley ,Yes Moore ~ Yes ~ MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2383-2009 -- Increasing Estimated Revenues and Appropriations by $54,230 in the Airport Fund Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2383-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Eldrid e 'Yes ,Ross Yes Molloy Yes Bo le Yes ~ Porter ~ Yes I Smalle Yes Moore Yes ~ MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2384-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2342-2008 by $63,609 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. MOTYON: Council Member Eldridge MOVED for adoption of Ordinance No. 2384-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 7 Eldridge YesRoss i Yes Molloy Yes ~ Boyle Yes ,Porter Yes ', Smalley I Yes _ Moore Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2385-2009 -- Increasing Estimated Revenues and Appropriations by ~w22,973 in the Airport Fund and by $918,899 in the Airport Equipment Capital Project Fund for the Purchase of an Aircraft Rescue and Fire Fighting (ARFF) Truck. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2385-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the local contribution would be 2.5% and it would be a year before a new truck would be received, leaving a Iot of time to decide how to dispose of the current truck. VOTE: *S~udent Representative Johnson: Yes Eldridge Yes Ross Yes Molloy Yes Boyle ~ Yes Porter ~ Yes !Smalley Yes Moore ,Yes j _ j j MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2386-2009 -- Increasing Estimated Revenues and Appropriations by $740,832 in the Runway Improvement Capital Project Fund for Phase A of the Airport Apron Pavement Rehabilitation Project. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2386-2009 and Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 8 VOTE: *Student Representative Johnson: Yes Eldridge Yes Ross Yes Molloy Yes Boyle ~ Yes Porter Yes Smalley Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-6. Ordananee No. 2387-2009 -- Reducing Estimated Revenues and Appropriations Previously Appropriated by Ordinance No. 2341-2008 by $179,004 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Apron Pavement Rehabilitation Project. IviOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2387-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Eldridge Yes Ross Yes Molloy ;Yes Boyle Yes Porter Yes Smalley ~ Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-7. Ordananee No. 2388-2009 -- Amending KMC 7.15.060 to Allow Surplus or Obsolete Supplies, Materials or Equipment to be Sold by Internet Bidding Process or by a Broker When the Council Determines it is in the Best Interest of the City. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2388-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 9 VOTE: *Student Representative Johnson: Yes ' Eldrid e Yes Ross Yes Mollo Yes Boyle Yes Porter Yes Smalley Yes Moore ~ Yes I ~ j MOTION PASSED UNANIMOUSLY. E-8. Ordinance No. 2389-2009 -- Amending KMC 14.20.260 to Better Provide for Enforcement for Violations of the Kenai City Code and to Provide for Appeal of Administrative Enforcement Orders to the Board of Adjustment. MOTION; Council Member Eldridge MOVED for adoption of Ordinance No. 2389-2009 and Council Member Moore SECONDED the motion. The floor was opened for public hearing. Marilyn Kebsehull, City Planner -- Noted some wording was omitted from the attachment. There being no one else wishing to speak, the public hearing was closed. MOTION TO POSTPONEf Council Member Ross MOVED to postpone Ordinance No. 2389-2009 until the next meeting to correct the attachment. Council Member Eldridge SECONDED the motion. Kebschull discussed the intent of the ordinance, noting the ordinance identified the code enforcement position, provided for a civil fine instead of having to move through the court system, and provided for an appeal process through the Board of Adjustment. VOTE ON POSTPONEMENT: *Student Representative Johnson: Yes Eldridge Yes Ross j Yes ~ Molloy Yes Boyle Yes 'Porter Yes I Smalley i Yes j Moore j Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 10 E-9. Resolution No. 2009-04 -- Awarding the Bid to Kodiak Island Native Supply for North Beach Fence Materials - 2009 for the Total Amount of $35,303.26. MOTION: Council. Member Smalley MOVED for approval of Resolution No. 2009-04 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. Bob Peters, Old Town, Kenai -- Spoke in support of the resolution. There being no one else wishing to speak, the public hearing was closed. There were no council comments. City Manager Koch reported on the difference in the bids and the award of the bid to Kodiak Island Native Supply. VOTE: There were no objections. SO ORDERED. E-10. Resolution No. 2009-OS -- Authorizing the Use of the Equipment P.eplacement Fund to Purchase a 4X4 Articulating Multipurpose Municipal Tractor with Snow Blower and Ditch Mower Attachment. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009-05 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. Bob Peters, Old Town, Kenas -- Spoke in support of the resolution. VOTE: There were no objections. SO ORDERED. E-11. WITHDRAWAL OF PROTEST OF COAlTI~1iTATION OF OPERATIOPl -- Kenai Landing Inc., d/b/a Kenai Landing (License #4355)/Beverage Dispensary -- Tourism/Seasonal. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE I1 MOTION: Council Member Ross MOVED to withdraw the protest of the Liquor License Continuation of Operation for Kenai Landing Inc., d/b/a Kenai Landing (License #4355) and Council Member Eldridge SECONDED the motion. Council Member Moore requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. E-12. WSTHDRAWAL OF PROTESTS: CONTINUATION OF OPERATION, RENEWAL of LrQvoR LrcENSE, AND TRANSFER of LrQvoR LICENSE -- Amy & George Bowen, d/b/a One Stop Liquors (License #2319)/Package Store. MOTION: Council Member Eldridge MOVED to withdraw protests of the liquor license continuation of operation and renewal of liquor license of Amy & George Bowen, d/b/a One Stop Liquors #2319 and the transfer of liquor license from Amy & George Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc. d/b/a Wal-Mart Supercenter #4474. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED, E-13. LIQUOR LICENSE RENEWALS -- • Pizza Paradisos #3032 -- Beverage Dispensary • Don Jose's Mexican Restaurant #3039 -- Beverage Dispensary • Oaken Keg Spirit Shop # 1808 (Lic. #3218) -- Package Store • Three Bears #4118 -- Package Store • 2 Go Mart #4544 -- Package Store Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of February 18, 2009 -- Approved by consent agenda. ITEM G: -- None. ITEM H• KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 12 H-1. Ratification of Eills MOTION: Council Member Molloy MOVED to ratify the bills and requested UNAN%MOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the revised list of purchase orders exceeding $15,000. Council Member Moore SECONDED the motion and requested UNANYMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2390-2009 -- Amending Kenai Municipal Code Chapter 12.40 to Eliminate Secondhand Tobacco Smoke Exposure in Places of Employment and Other Public Places. Removed from the consent agenda and heard immediately prior to Item E-1. H-4. Ordinance No. 2391-2009 -- Amending KMC 14.20.240(c)(6) to Allow an Extension for the Ninety (90) Day Time Limit for Skirting in Mobile Homes Placed in Mobile Home Parks. Introduced by approval of the consent agenda. H-5. Ordinance No. 2392-2009 -- Amending KMC 21.05.085, Airport Fuel Flowage Fee. Introduced by approval of the consent agenda. H-6. Approval -- Extension of Homer Electric Association, Inc. Lease/Alaska Fire Training Center -- 459 Marathon Road, Kenai. MOTION: Council Member Eldridge MOVED for approval of the Extension of Lease with Homer Electric Association and Council Member Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 13 Koch reviewed his memorandum included in the packet which discussed how the rental rate was determined, i.e. factoring in utility costs, square footage and. cost of HEA developing an additional parking lot. He also noted, Beacon approved of the arrangement. A report was requested from Beacon to council. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. i70TE: *Student Representative Johnson: Yes Eldrid e Yes Ross Yes Mollo Yes Bo le Yes Porter Yes __ Smalley Yes Moore ~ Yes ; MOTION PASSED UNANIMOUSLI'. H-7. Approvafl -- Mutual Termination of Lease and Asset Purchase Agreement/University of Alaska Lease -- Tract A-1, Baron Park Subdivision No. 7 (a Re-Subdivision of Tract A, Baron Park Subdivision No. 5). MOT%ON: Council Member Eldridge MOvr;D for the approval of the termination of lease with the University of Alaska Anchorage and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-8. Discussion -- Letter of Agreement/Department of Public Safety, Alaska State Troopers, Bureau of Highway Patrol and Kenai Police Department/Alaska State Trooper Traffic Team. Police Chief Sandahl reviewed his memorandum included in the packet discussing the makeup of the proposed traffic team, benefits to the Department, as well as the Peninsula, funding for the officer who would be appointed to the Team, etc. Council comments included: • Benefits would outweigh the problems. • The Team would continue with federal funding availability. • The Letter of Agreement included satisfactory "out" options for the City. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 14 • If approved, the City's officer would not join the Team until July 1 when current new officers return from police training school. • A resolution was requested to approve the Letter of Agreement at the March 18, 2009 council meeting, along with the Letter of Agreement with the Alaska State Trooper signature. ITEM I: COMMISSION/COMMITTEE REPORTS I-I. Counoil on Aging -- Council Member Ross reported the March meeting was cancelled. I-2. Airport Commission -- No report. I-3. Harbor Commission -- Council Member Smalley reported the next meeting would be held on Monday, March 9, 2009. I-4. Labrary Commission -- Council Member Molloy reported on actions and discussions taken at the March 3, 2009 meeting. He noted, there was a vacancy on the Commission. I-5. Parks & Recreation Commission -- Council Member Moore reviewed the February 24, 2009 special meeting summary which was included in the packet. d-C. Planning & Zoning Commission -- Council Member Molloy reviewed the February 25, 2009 meeting minutes which were included in the packet. I-~:. PJiscellanecus C.'Smaasias'ioia5 and C®mmittee5 Y-7a. Beautification Committee -- No report. I-7b. Alaska Municipal League Report -- No report. I-7c. Mini-Grant Steering Committee -- No report. I-7d. Advisory Cemetery Committee -- Council Member Eldridge reviewed the February 12, 2009 meeting summary which was included in the packet. Y-?e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported a meeting was scheduled to be held on March 20, 2009. I-7f. Salmon Task Force -- Council Member Moore reported a meeting was scheduled to be held on March 12, 2009 at 3:00 p.m. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • She visited victims of the recent car crash at the Anchorage hospital. KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 15 • Met with Soldotna Mayor Miccichie and discussed the 50th State Anniversary and sharing costs for and building a float between the City of Kenai and City of Soldotna for both the Fourth of July and Progress Days parades. She would be reporting back with estimated costs. • She was interviewed for an article in the Alaska Business Monthly magazine. • She participated in the Kenai Chamber's Job Shadow Day. s She made a presentation to the high school leadership class and at the Kenai Rotary Club. • Met with Senator Wagoner and discussed the city's priorities. ITEM K: ADMINISTRATION REPORTS K-I. City Manager -- City Manager Koch reported the following: • The schematic design report for the library expansion project would be distributed at the next meeting and negotiations were continuing with the architect for the second phase of the project. • Noted copies of the 2008 Kenai Police Department Annual Report were distributed to council. • Updated council on the economic stimulus package process and noted the $500,000 previously identified for the bluff erosion project had been reduced to $96,000. • He submitted an application for funding to the Alaska Drinking Water Fund. Reported he would be absent from March 15-27, 2009. Administration was requested to work closely With the Alaska Department of Corrections in relation to the proposed minimum security addition to the prison. Koch stated he would gather information and update council. K-2. Att®rney -- Attorney Graves reminded council of the work session scheduled for March 10, 2009, beginning at 6:00 p.m., to review city attorney applications. K-3. City Clerk -- City Clerk Freas reported the following: • The records request draft ordinance was being reviewed by administration. • The increase to the city's bandwidth had been wired by the phone company and would be connected in the building very soon. • Requests for information made by the residents of the proposed rezone properties were being filled. • Meeting space had been made available to aides of Senator Murkowski and Congressman Young earlier in the week. ITEM L: KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 16 L-I. Citizens (iive minutes) -- None. L-2. Council Smalley -- • Gave a brief report of actions taken during the Borough Assembly meeting of March 2, 2009. • Stated concerns of Ordinance No. 2390-2009 failing to be introduced and withdrew his request for City Attorney Graves to research civil rights issues. Moore -- Stated he was disappointed with the potential reduction of federal funding for the bluff erosion project. Eldridge -- • Thanked Porter and Moore for covering commission meetings for him during his absence. • Stated he appreciated the public participation during the meeting. Johnson -- • She participated in Job Shadow Day with the mayor. • Noted upcoming events at the high school. Ross -- Stated he had serious concerns with the proposed Molloy ordinance included in the packet as an information item, i.e. proposed super majority requirement. Molloy -- • Stated he would be discussing his proposed ordinance with administration and include it in the next packet as a discussion item or ordinance and then forward it to the Planning ~ Zoning Commission. It was also suggested the issue be foi d/ardZd t0 the Air por i Cvi?iiiiiSSlon foY reCOrntncndatlon aS Well. Boyle -- No report. Porter -- Stated she looked forward to further discussions and proposed amendments to the smoking ordinance. ITEM M: PENDING LEGYSLATION (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 (RRl) 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 Nate: 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.) KENAI CITY COUNCIL MEETING MARCH 4, 2009 PAGE 17 0ardinance 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.) - None Scheduled ITEM N: There being no further business before the Council, the meeting adjourned at approximately 10:55 p.m. Minutes submitted by: ~~'~~~ Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. ®ilcLB 8'Y Cf9loC11 ~/ ~.~,~~ &CEitl: