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HomeMy WebLinkAbout2009-04-01 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEET%NG APRIL 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto:l /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Charles Wsnegarden -- Application/Establishment of MAPS Special Zone Becky Espy/Colleen Ward -- Establishment of MAPS Special Zone ITEM C: UNSCHEDULED PUBLYC COMMENTS (3 minutes) %TEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS I'T'EM E: PUBLYC HEARINGS (Testimony iirnited to 3 minutes per speaker.) Ordinance No. 2393-2009 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 22 Acres Located North of the Kenai Spur Highway Frorn McCollum Drive West to No-Name Creek From Rural Residenfial 1 (RR1) and Conservation (C) to Limited Commercial (LC). Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package." 4. Resolution No. 2009-08 -- Awarding the Bid to Alaska Automatic Fire Protection, Inc. for Vintage Pointe Dry Sprinkler System Replacement - 2009 for the Total Amount of $49,574.00. (Clerk's note: Resolution No. 2009-08 was postponed at the March 18, 2009 council meeting related to request for further explanation of difference between amounts bid.) Resolution No. 2009-09 -- Awarding the Bid to World Wide Roofing 8v Construction, Inc. for Vintage Pointe Casement Window Replacement - 2009 for the Total Amount of $94,297.00. (Clerk's note: Resolution No. 2009-09 was postponed at the March 18, 2009 council meeting related to protest of bid award submitted on March I8, 2009.) Resolution No. 2009-12 -- Approving a Contract to North Star Paving 8v Construction, Inc. for the Project Entitled South Ames Road and Basin View Way Paving LID - 2009 for the Total Amount of $223,658.32. 7. Resolution No. 2009-13 -- Demonstrating Support for and Willingness to Work with the Kenai Watershed Forum on Three Fish Passage Projects Within the City of Kenai. 8. Resolution No. 2009-14 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Runway Safety: Taxiways F, G, and H Lighting, Grading, and Drainage - 2009 for the Total Amount of $451,676.00 Which Includes the Basic Bid and Additive Alternate. 9. *Liquor Lacense Transfer -- From Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. ITEM F: MINUTES 1. *Regular Meeting of March 18, 2009. 2. "March 10, 2009 Kenai City Council Work Session Notes ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUS%NESS Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *®rdinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 4. Approval -- Assignment of Lease -- Dennis D. Linnell, Eugene C. Chase, Harold R. Smith, and Robert E. Gerdon, Jr., d/b/a DEHR-Joint Venture to Dennis D. Linnell, Dennis R. Linnell and Betty J. Smith, d/b/a DEHR Joint Venture/Lot Seven (7), Etolin Subdivision, Second Addition. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission S. Parks c~ Recreation Commission 6. Planning & 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 8v Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: OISCitSSiON 1. G1tiZen5 (five minutes) 2. Council ITEM M: PENIS%NG LEGISLATION (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 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.) -- None Scheduled ITEM N: IiENAI CITY COUNCIL -REGULAR MEETING MINUTES Dan Sterchi, Sterchi Construction -- 4/ 1/09 letter related to Item E-5, Resolution No. 2009-09. REMOVE FROM CONSENT AGENDA: Liquor License Transfer -- Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley ~ Joe Moore Barry Eldridge Rick Ross Vice Mayor A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: ADD TO: ITEMS E-3 (Ordinance No. 2394-2009) and E-4 (Ordinance No. 2395-2009) -- Memorandum from Finance Director T. Eubank, recommending postponement of the ordinances. ADD TO: ITEM E-5 -- Resolution No. 2009-09 -- R. Koch letter to Sterchi Construction related to the March 18, 2009 letter of protest with comparison information. KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 2 MOTION: Council Member Smalley MOVED for approval of the agenda with the inclusion of the additional information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Charles Winegarden -- Application/Establishment of MAPS Special Zone Reviewed information included in the packet related to the MAPS Special Zone petition/application he submitted to administration and noted specifics of the proposed zone which he and neighborhood property owners felt would be a compromise to the rezoning of the Spur Highway corridor. Becky Espy/Colleen Ward -- Establishment of MAPS Special Zone Continued Winegarden's review of the information included in the packet related to the proposed MAPS Special Zone. ITEM C: (3 minutes) Delsbse Sonberg, 410 Cinderella Street, Kenai -- Requested clarification related to having copies provided of consent agenda items. ITEM D: REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCILS Assembly Member Smalley provided a brief report of actions and discussions taken during the March 24, 2009 Borough Assembly meeting. ITEM E: PUBLIC BEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2393-2009 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 22 Acres Located North of the Kenai Spur Highway From McCollum Drive West to No-Name Creek From Rural Residential 1 (RRl) and Conservation (C) to Limited Commercial (LC). KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 3 MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2393-2009 and Council Member Ross SECONDED the motion. The floor was opened for public hearing. Glenda Feeken, 10672 Kenai Spur Highway, Kenai -- Spoke in support of the ordinance. Leonor Fraser, 315 S. Kobuk Street, Soldotna -- Spoke in opposition to the ordinance. Pat Falkenberg, 399 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. KeYlie Kelso, 117 Walker lane, Kenai -- Spoke in opposition to the ordinance. Blaine Gilman, 130 South Willow Street, Kenai -- Spoke in support of the ordinance. Karen Koester, 845 Bet Net Drive, Kenai -- Speaking as a resident, Koester stated her support of the ordinance. Sylvia Stuart, 401 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. Steven Craig Wortham, 35095 K-Beach Drive, Kenai -- Spoke in support of the ordinance. Justin Wilshusen, 306 Hutto, Kenai -- Spoke in opposition to the ordinance. Mark Schrag, 312 Princess Drive, Kenai -- Spoke in opposition to the ordinance. Todd Wortham, 47586 Grant Avenue, Kenai -- Spoke in support of the ordinance. Don Wright, 604 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. Janine Espy, 403 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. Glorsa Wik, 707 Magic Avenue, Kenai -- Spoke in opposition to the ordinance. Charles Winegarden, 309 Princess, Kenai -- Spoke in opposition to the ordinance. Becky Espy, 903 Magic Avenue, Kenai -- Spoke in opposition to the ordinance. KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 4 Kellie Wannamaker, 603 Magic Avenue, Kenai -- Spoke in opposition to the ordinance. Debbie Sonberg, 410 Cinderella, Kenai -- Spoke in opposition to the ordinance. Richard Kelso, 117 Walker Lane, Kenai -- Spoke in opposition to the ordinance. Ed Sterner, 4192 Beaver Loop 12oad, Kenai -- Spoke in opposition to the ordinance. There being no one wishing to speak, the public hearing was closed. Council discussed. the issue with comments including: • Concern with some of the "whereas" paragraphs and did not support the ordinance. Mayor Porter noted the municipal code indicated a council member could speak twice on one issue and suggested the rules be suspended to allow for council members to speak more than twice to an issue. MOTYON: Council Member Ross MOVED to suspend the rules and requested UNANIMOUS 06NSENT. Council Member Boyle SEOONDED the motion. VOTE: There were no objections. SO ORDERED. Council discussion continued: • Question of who wanted the rezone: were there letters from the State of Alaska and Borough stating they supported the rezone; concerns of removing properties from Conservation; if the ordinance would be passed, would want some reassurance the property taxes of the residents would not be raised because of it; and, there was no "opt out" for property owners as had been done in other instances. • Would like any approved conditional use permits to travel with the property if sold. • The issue would have been easily solved if a conditional use permit had been pursued. • Suggestion an urban renewal expert be contracted to assist in a comprehensive plan review. • Historical information provided with regard to airport lands being zoned conservation. KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 5 • Support of the ordinance, noting it was a multiuse zone, there were suggested changes brought about from testimony received, felt the zone and amendments to the zone would be good for the area and the other area already in the LC zone. • The Comprehensive Plan stated care should be given to the Spur Highway Corridor and the LC zone was developed to allow small businesses with low impact, with landscaping requirements included. • The Planning 8s Zoning Commission would consider modifications to the zone to eliminate some of the objectionable concerns currently allowed in the zone. • Did not believe the Spur Highway corridor was conducive to residential zone; wanted to move Kenai forward and felt the rezone would do that; and supported the rezone. • Did not support the rezone, felt the zone would not be consistent with the Comprehensive Plan; suggested the MAPS Special Zone go through the public process; and, the MAPS area was a unique area and felt there were some good ideas included in the MAPS submittal. • Did not support the ordinance due to the wide range of opposition and suggested the MAPS Special Zone be considered. • Felt the current RRl zone had transition. • Would like to protect the Alaska flavor of the property. • The LC zone was added to the code in 2003-2004; unaware of any "opt outs" from the zone; would cause spot zoning; the Commission would be reviewing suggested amendments to the zone to place limitations to access; and, residential development would still be an option. • Kenai had limited area for new businesses to develop; cannot force people to sell property or require businesses to buy old buildings; an effort was made to encourage use of old buildings; two parcels of the property would have an access road and all others had a 33 foot easement that could be vacated; and, there would be no direct access through properties. • Believed the LC zone was established for a transition of highway and neighborhood; felt the residential area would protect traffic activity; and, believed the zone would be in the best interest of the city to move Kenai forward. • All council members were trying to make a reasonable judgment; the Commission would have a work session and would consider the MAPS Special Zone, etc.; and, would like to table the ordinance to allow them to go through the process. MOTION TO TABLE: Council Member Molloy MOVED to table Ordinance No. 2393-2009 and Council Member Boyle SEOONDED the motion. voTE orr TABLE M®TI®N: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 6 Molloy 'Yes Bo le Yes Porter No Smalley Yes j Moore No Eldridge No Ross No i MOT%ON FAILED. VOTE ON MA%N MOTION: *Student Representative Johnson: No ~ Molloy No Boyle No Porter Yes Smalley No Moore Yes ;Eldridge ;Yes j Ross Yes MOTION PASSED. BREAK TAKEN: 9:03 P.M. BACK TO ORDER: 9:24 P.M. E-2. Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by X45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. Council Member Molloy MOVED to enact Ordinance No. 2394-2009 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. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2394-2009 consistent with the Finance Director memorandum of April 1, 2009 (included in the packet). Council Member Smalley SECONDED the motion. VOTE ON POSTPONEMENT: "Student Representative Johnson: Yes I Molloy ~ Yes ~ Boyle I Yes (Porter .Yes I Smalley Yes Moore ~ Yes Eldridge Yes I KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 7 Ross Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package." MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2395-2009 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. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone Ordinance No. 2395-2009 in accordance with the Finance Director's memorandum. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON POSTPONEMENT: There were no objections. SO ORDERED. E-4. Resolution No. 2009-08 -- Awarding the Bid to Alaska Automatic Fire Protection, Inc. for Vintage Pointe Dry Sprinkler System Replacement - 2009 for the Total Amount of $49,5'74.00. (Clerk's note: Resolution No. 2009-08 was postponed at the March I8, 2009 council meeting related to request for further explanation of difference between amounts bid.) MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009-08 and requested UNANIMOUS CONSENT. 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. VOTE: KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 8 There were no objections. SO ORDERED. E-5. Resolution No. 2009-09 -- Awarding the Bid to World Wide Roofing 8v Construction, Inc. for Vintage Pointe Casement Window Replacement - 2009 for the Total Amount of $94,297.00. (Clerk's note: Resolution No. 2009-09 was postponed at the March 18, 2009 council meeting related to protest of bid award submitted on March 18, 2009.) MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009-09 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Boyle objected to the request for unanimous consent, stating his concern with regard to the protest of the award submitted earlier. A brief discussion followed during which knowledge of the Alaska Windows product was discussed, along with concern if the resolution was postponed to April 15, the bid price for the product would be jeopardized, Boyle withdrew his objection to unanimous consent. VOTE: There were no objections. SO ORDERED. E-6. Resolution No. 2009-12 -- Approving a Contract to North Star Paving 8v Construction, Inc. for the Project Entitled South Ames Road and Basin View Way Paving LID - 2009 for the Total Amount of $223,658.32. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2009-12. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. 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: KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 9 There were no objections. SO ORDERED. E-7. Resolution No. 2009-I3 -- Demonstrating Support for and Willingness to Work with the Kenai Watershed Forum on Three Fish Passage Projects Within the City of Kenai. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009-13 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. Council Member Ross objected to the request for unanimous consent. The floor was opened for public hearing. Robert Ruffner, Executive Director of I{enai Watershed Forum, 44539 Sterling highway, Soldotna -- Spoke in support of the resolution and explained the grant accessibility, etc. A brief council discussion with Ruffner followed with comments including: • Concern replacing the culverts could result in adult salmon returning to that stream and create bear issues and attractants. • Because adult salmon did not come as far as the culvert currently, they would not come into the bottom of the stream. • Because the culvert at Lawton stream was not in line with State code, if Lawton Drive was improved, the culvert would need to be replaced. • Support of the resolution as the City would then come into compliance with the State without cost to the City. MOTION TO AMEND: Council Member Molloy MOVED to add a "whereas" paragraph immediately before the "now, therefore" paragraph to state: "Whereas, the three projects will assist the City of Kenai in compliance with AS 41.14.840 through .870." Council Member Boyle SECONDED the motion. VOTE ON ADMENDMENT: "Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore J Yes Eldridge ~ Yes Ross Yes KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 10 MOTION PASSED UNANYMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter ~ No Smalley ~ Yes ~ Moore Yes i Eldridge Yes Ross No MOTION PASSED. E-14. Resolution No. 2009-14 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Runway Safety: Taxiways F, G, and H Lighting, Grading, and Drainage - 2009 for the Total Amount of $451,676.00 Which Includes the Basic Bid and Additive Alternate. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009-14 and requested UNANIMOUS CONSENT. 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. VOTE: There were no objections. SO ORDERED. E-9. Liquor License Transfer -- From Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. Item was removed from the consent agenda. MOTION: Council Member Molloy MOVED to approve the liquor license transfer from Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. Council Member Smalley SECONDED the motion. Because Foodtown Liquor was his client and after speaking with the City Attorney, - Council Member Moore stated a conflict and that he would abstain from voting. KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE I1 VOTE: *Student Representative Johnson: Yes Mollo Yes I Bo Ie Yes Porter Yes _~ Smalley Yes Moore Abstain Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-I. Regular Meeting of March 18, 2009 -- Approved by consent agenda. F-2. March 10, 2009 Kenai City Council l~Uork Session Notes -- Approved by consent agenda. ITEM G: UNFENISHED BUSINESS -- None. ITEM H: H-1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Ersceeding $15,000 MOTION: Council Member Eldridge MOVED for approval of the purchase orders exceeding $15,000 and requested UNAN%MOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." Introduced by approval of the consent agenda. KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 12 H-4. Approval -- Assignment of Lease -- Dennis D. Linnell, Eugene C. Chase, Harold R. Smith, and Robert E. Gerdon, Jr., d/b/a DEHR-Joint Venture to Dennis D. Linnell, Dennis R. Linnell and Betty J. Smith, d/b/a DEHR Joint Venture/Lot Seven (7), Etolin Subdivision, Second Addition. MOTION: Council Member Smalley MOVED for approval of H-4, Assignment of Lease, Dennis D. Linnell, Eugene C. Chase, Harold R. Smith, and Robert E. Gerdon, Jr., d/b/a DEHR- Joint Venture to Dennis D. Linnell, Dennis R. Linnell and Betty J. Smith, d/b/a DEHR Joint Venture/Lot Seven (7), Etolin Subdivision, Second Addition. Council Member Moore SECONDED the motion. VOfiE: *Student Representative Johnson: Yes Mollo ,Yes Bo le Yes Porter Yes Smalley !Yes Moore i Abstain Eldridge Yes Ross Yes I MOTION PASSED UNANIMOUSLY. ITEM I- E-1. Council on Aging -- Council Member Ross reported a meeting was scheduled to be held on Thursday, Aprii 9, 2009. I-2. Airport Commission -- Council Member Eldridge reported a meeting was scheduled to be held on Thursday, April 9, 2009. I-3. Harbor Commission -- Council Member Smalley reported a meeting was scheduled to be held on Monday, April 6, 2009. %-4. Library Commission -- Council Member Boyle reported a meeting was scheduled to be held on Tuesday, April 7, 2009. Y-5. Parks 8s Recreation Commission -- Council Member Moore reported a meeting would be held on Thursday, April 2, 2009. %-6. Planning & Zoning Commission -- Council Member Molloy reported the next meeting was scheduled for April 8, 2009 and reviewed the minutes of the March 25, 2009 meeting which were included in the packet. KENAI CITY COUNCIL MEETING APRIL I, 2009 PAGE 13 I-7. Miscellaneous Commissions and Comanittees I-7a. Beautification Committee -- Mayor Porter reported a special meeting was scheduled for April 14, 2009. I-7b. Alaska Municipal League Report -- Council Member Smalley gave a brief report including, on a teleconference meeting was scheduled for April 6, a meeting scheduled to be held in Anchorage on April 25, and the summer AML meeting scheduled for August 12-14, 2009 to be held in Palmer. I-7c. Mini-Grant Steering Committee -- No report. I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported a meeting was scheduled for April 16, 2009. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported on a meeting held on March 23, 2009 and noted, the next meeting would be held on April 27, 2009. I-7f. Salmon Task Force -- Council Member Moore reported a meeting would be held before the May 18 work session with council. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • She attended a reception for Mark Hamilton, President of University of Alaska. • She and a constituent met with Senator Wagoner and discussed the possibility of a statewide clean air (smoking) law. She noted, Senator Wagoner requested afollow-up letter be sent and asked if council had objection to her sending a letter. Objection was stated due to concern the council had not taken a position on the issue and that a letter should not be written prior to the council's work session on the subject. Porter agreed not to send a letter until after the work session. ITEM K: ADM%NYSTRATION REPORTS K-1. City Manages -- City Manager Koch reported the following: • Gave a brief update on the progress of the bluff erosion project funding effort. • As the State Legislative Session was coming to a close, the city's funding requests remained in the budget. Council comments, questions and responses included a brief discussion of the City's continuing investigation of ventilation issues at Vintage Pointe; Aliak Street drainage steaming; off-road vehicle (ATV, snow machine, etc.) use of city streets; and, follow-up request for a list of Saturday Market vendors from the Visitors Center. A work session KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 14 related to the off-road vehicle use of city streets was suggested, however Administration was requested to investigate and report back to council before summer. K-2. Attorney -- City Attorney Graves reported the following items: • The Kenai Municipal Code did not speak to a requirement that copies of consent agenda items must be provided to the public as suggested by the speaker earlier in the meeting other than including consent agenda items on posted council meeting agendas and copies of the items in the council packets. He noted, in addition to what code required, consent agenda items are posted on the city's webpage. • The reference checks of applicants for the city attorney position were progressing. K-3. City Clerk -- City Cierk Freas reported the following: • Noted this had been the first time the city council meeting was audio/video "streamed" onto the Internet from the City's webpage. • Effective meetings training for commissions and committees held on March 28, 2009 was very successful and had been recorded. • Effective meetings training for council and Planning 8r, Zoning Commission members was scheduled for April 4, 2009 and would be recorded for use until next year's training session. ITEM L: i-i. Citizens five msnutesj Duane Bannock, KPB Spruce Bark Beetle Program Director -- Requested to be included the next meeting's agenda to present a program update. Bannock also noted he and his family were pleased to have moved back to Kenai. Mark Schrag, 312 Princess, Kenai -- Requested assurances the Limited Commercial development would not go more than one lot deep. Schrag was encouraged to attend the Planning & Zoning Commission's work session as access/egress to the lots to be zoned LC would be discussed. L-2. Council Boyle -- No comments. Molloy -- • Thanked former Student Representative Krusen for insight about "streaming" council meetings and thanked City Manager Koch, City Clerk Freas and the IT people for making it happen. KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 15 • Stated he had some concerns with Ordinance No. 2396-2009 related to release of public records and may request it be postponed after holding the public hearing. s Received information from the city manager related to Ordinance No. 2347-2008 with regard to preparation, distribution and publication of the council meeting agenda. He expected to have the ordinance back to council for consideration at the May 20 council meeting. Ross -- Thanked Ruffner for attending the meeting and being prepared to speak to the subject. Johnson -- Reported the high school play would be presented during the weekend. Eldridge -- No comments. Moore -- No comments. Smalley -- Stated he was pleased with the streaming and confirmed Ordinance No. 2393-2009 would be effective in 30 days. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 23b2 G008 -- Amending the Ofnciai 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 ~w1,000 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 FY10 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 mooed 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.) EXECUTIVE SESSION -- None Scheduled KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 16 ITEM Nc ADJ®URNENT There being no further business before the Council, the meeting adjourned at approximately 10:43 p.m. Minutes submitted by: ~~u~ ~ 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. R~ltE~ ~Y ~~t7~~ll a ~---- I5.33F ~:s s "'1.~~