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HomeMy WebLinkAbout2009-04-15 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING APR%L 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / Jwww.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) - 1. Duane Bannock, Director, KPB Spruce Bark Beetle Program -- Program Update. 2. Margaret Coleman, Executsve Director, Haven House -- Child Advocacy Center/Homer/Program Update. 3. Olivia Pfeifer, KCHS Student -- Caring for the Kenai Presentation, "Better Bird Control." ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addiflon of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 2. Discussion (no Council action required but public testimony wilt be taken) -- Justice Assistance Grant Program Participation. j, -- ITEM F: MINUTES ~/ 1. *Regular Meeting of April 1, 2009. ITEM G: UNFINISHED BUSINESS ITEM H: 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordananee No. 2397-2009 -- Increasing Estimated Revenues and Appropriations by $65,750 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction. 4. *Ordinance No. 239-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. 5. *Ordinanee No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation. 6. *Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. 7. *Ordinanee No. 2401-2009 -- Increasing Estimated Revenues and Appropriations by $853.55 in the General Fund for Forensic Computer Training from Internet Crimes Against Children (ICAC). 8. *Ordsnanee No. 2402-2009 -- Authorizing a Budget Transfer of $5,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $5,000 to Provide for Additional Funding for the Soccer Park Maintenance Building Project. 9. Approval -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1. 10. Discussion -- Schedule Work Session/Fuel Flowage Fee YTEM I: COMMISSION/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 d. Advisory Cemetery Committee e. Kenai Convention 8r, Visitors Bureau f. Salmor_ 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: PENI3ING 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 (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 FYT 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.) 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. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) Ordinance N®. 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." (Clerk's Note: Ordinance No. 2395-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT I{ENAI CITY COUNCIL -REGULAR MEETING APRIL 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:~ jwcvw.ci.kenai.alc.us MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-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: Mike Boyle Pat Porter, Mayor Hal Smalley Barry Eldridge ~ Robert Molloy Council Members Absent: Joe Moore, Rick Ross A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: SUBSTITUTE: Attachment B of Ordinance No. 2396-2009 -- Suggested changes to Paragraph 1.03, Production Fee (memo of explanation attached) ADD TO: E-1, Ordinance No. 2396-2009 -- Comments of B. Espy Recording charge information MOTION: Council Member Smalley MOVED for approval of the agenda with the addition of the lay down information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. - VOTE: KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 2 There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as submitted and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Duane Bannock, Director, KPB Spruce Bark Beetle Program -- ' Program Update. Bannock reviewed information included in the packet, updating Council on the Borough's Spruce Bark Beetle Program and efforts to be made within the City of Kenai, with work being completed by the end of July. B-2. Margaret Coleman, Executive Director, Haven House -- Child Advocacy Center/Homer/Program Update. Coleman reviewed information included in the packet and updated the Council on the Child Advocacy Center program, statistics, and the different entities with whom they work, including the Kenai Police Department, LeeShore Center, etc. B-3. Olivia Pfeifer, KCHS Student -- Caring for the Kenai Presentation, "Better Bird Control." Pfeifer gave her Caring for the Kenai presentation with regard to using trained dogs to assist in averting birds from establishing nests, collecting, feeding, etc, on airport properties in an effort to relieve safety concerns caused from bird and aircraft collisions. Pfeifer requested consideration be given of the city to incorporate her program into summer maintenance of the airport as a pilot project and offered some cost information as well. It was suggested Pfeifer give her presentation at the May Airport Commission meeting. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 3 Mayor Dave Carey, Kenai Peninsula Borougkc -- Read a letter received from Joshua Dover, stationed in Iraq, and promoted his "Red, White & Blue" program. Mark Schrag, 312 Princess, Kenai -- Reviewed information he located related to the definition of "conserves±ion lands" around the airport dated between 1964 and 1984. Schrag was requested to leave a copy of the document with the Clerk. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNC%LS Assembly Member Smalley reported the next Assembly meeting was scheduled for April 21, 2009. ITEM E: PUBLYC HEARYNGS (Testimony limited to 3 minutes per speaker.) E-1. 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." MOTYON: Council Member Molloy MONIED to enact Ordinance No. 2396-2009 and Council Member Eldridge SECONDED the motion. A brief discussion followed with comments including: • A work session be held to discuss further the following issues with the proposed ordinance: -- Page 6, Paragraph 10.40.010, reference to "free access." -- Page 9, Paragraph 10.40.055, related to litigation disclosure rules. -- Reference to production fees. -- Page 10, 10.40.060 -- several different standards. -- Page 11, Regulation 1.01, charge of sales tax. -- Page 11, Regulation 1.03, charging for time spent in determining whether a request is subject to privilege. -- Consideration for giving a waiver of fees if in the "best interest of the city." -- Consideration to include a paragraph to give the public right to remedy/an appeal to council. -- Page 14, Regulation 2.09, Deliberative Process Records -- concern the paragraph very broad. -- Page 16, Appeal to Superior Court -- belief it should say "final decision of council." -- Request form -- concern if "certificate of non-litigation affiliation" should be included. -- Would like electronic filing allowed. KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 4 -- The person researching, collecting, copying, should keep a log of time involved in case there is a challenge. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2396-2009 to the May 20, 2009 council meeting and Council Member Boyle SECONDED the motion. MOTION TO AMEND: Council Member Smalley MOVED to amend Ordinance No. 2396-2009 with the substitute Attachment B (provided at the beginning of the meeting). Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Boyle Yes Porter Yes Smalley Yes C Moore Absent ~ Eldridge Yes Ross Absent Molloy ~ Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes Boyle Yes Porter Yes Smalley Yes Moore ~ Absent ] Eldridge i Yes ;Ross ,, Abs~~ Molloy ~ Yes MOTION PASSED UNANIMOUSLY. E-2. Discussion (no Council action required but public testimony wilt be taken) -- Justice Assistance Grant Program Participation. It was explained, a requirement of the grant was to hold a public hearing in order to take public comment. The floor was opened for public hearing. KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 5 Chief Gus Sandahl, Chief, Kenai Police Department -- Chief Sandahl explained, the public hearing and review of the grant application by a governmental body was required to be held 30 days prior to submission of the grant. Sandahl reviewed the grant application, noting the grant was being submitted by the City of Kenai, City of Soldotna, and City of Homer. If approved, Kenai would receive $30,738 with those funds to be used for an upgrade of dispatch desks, wiring consolidation, and server racks. With no one else wishing to be heard, the public hearing was closed. BREAK TAKEN: 8:10 P.M. BACK TO ORDER: 8:18 P.M. ITEM F: MINUTES F-1. Regular Meeting of April 1, 2009 -- Approved by consent agenda. ITEM G: UNFYNISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding X15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 8397-2009 -- Increasing Estimated Revenues and Appropriations by X65,750 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction. Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING APRIL l5, 2009 PAGE 6 H-4. Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. Introduced by approval of consent agenda. H-5. Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation. Introduced by approval of consent agenda. H-6. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced by approval of consent agenda. H-7. Ordinance No. 2401-2009 -- Increasing Estimated Revenues and Appropriations by $853.55 in the General Fund for Forensic Computer Training from Internet Crimes Against Children (ICAC). Introduced by approval of consent agenda. H-8. Ordinance No. 2402-2009 -- Authorizing a Budget Transfer of $5,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $5,000 to Provide for Additional Funding for the Soccer Park Maintenance Building Project. Introduced by approval of consent agenda. H-9. P,pproval -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1. MOTION: Council Member Eldridge MOVED for approval of the Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1. Council Member Molloy SECONDED the molion. KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 7 It was explained, the assignment was standard. Concerns submitted by Council Member Moore related to whether Arctic Barnabas had developed their current leased property within the development schedule allowed by the lease for that property; and suggestion the issue be postponed. Jonathan Peters, Arctic Barnataas -- Peters reported the closing for the sale of the property was scheduled for April 24; the reason for changing properties was that the scope of the project for the current property was too large (they expected to use grant funds and donations to develop the current property, and those funds were no longer available); they hoped to reassign their current lease in the near future; and, it would be a hardship if the assignment was postponed. Council discussion followed during which the following items were noted: • Arctic Barnabas had added improvements to the lot, i.e. cleared, added gravel, stubbed in electric and sewer utilities, etc. • Arctic Barnabas was not current with landing fees. MOTION TO AMEND: Council Member Smalley MOVED to amend the motion to require approval upon the condition of payment of the landing fees. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Boyle ,Yes Porter Yes Smalley Yes j Moore i Absent j Eldridge (Yes Ross Absent Mollo Yes MOTION PASSED UNANIMOUSLY. Discussion continued with comments including: • Concern Arctic Barnabas wanted to begin a new project when they had not complied with the previous plan. • The reassignment of the lease was different than a new lease. • Building the hangar on the current property was not a condition of the assignment. Arctic Barnabas was current with lease payments. MOTION TO POS'I°PONE: KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 8 Council Member Boyle MOVED to postpone the issue to the second meeting in May when all members of the council would be present. Council Member Molloy SECONDED the motion. Discussion on the motion included: ® Two members of council were not present and concern expressed in moving forward with the assignment. • If the assignment was approved, an empty existing building would be filled. s The current leased property could be sold ar could be returned to the City ready for construction. ® The consideration of the assignment was atime-sensitive issue. W%THDRAWAL OF MOTION: Council Member Boyle stated his wish to withdraw his motion and Council Member Molloy (the second) had no objections. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes Bo le No Porter Yes ; Smalle Yes Moore Absent Eldrid e Yes ~ Ross .Absent Mollo i Yes MOTION PASSED. H-10. Discussion -- Schedule Work Session/Fuel Flowage Fee Council scheduled a work session for May 20, 2009 at 5:30 p.m. and requested the Airport Commission and users of the airport be notified of the work session. ITEM I: COMMISS%ON/COMMITTEE REPORTS I-l. Council on Aging -- Director Craig gave a brief report of discussions held during the April 9, 2009 meeting. I-2. Airport Commission -- Council Member Eldridge reviewed the April 9, 2009 meeting summary which was included in the packet. I-3. Harbor Commission -- Council Member Smalley reviewed the April 6, 2009 meeting summary which was included in the packet. KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 9 I-4. Library Commission -- Council Member Boyle reviewed the April 7, 2009 meeting summary which was included in the packet. Y-5. Parks 8s Recreation Commission -- Director Frates reviewed the April 2, 2009 meeting summary which was included in the packet. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the April 8, 2009 meeting minutes which were included in the packet. I-?. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reported on the April 14, 2009 special meeting. 1-7b. Alaska Municspal League Report -- Council Member Smalley reported he would be attending a meeting in Anchorage on April 25. I-7c. Mini-Grant Steering Committee -- Mayor Porter reported on the special meeting held earlier in the day. I-7d. Advisory Cemetery Commtttee -- Council Member Eldridge reported the next meeting would be held April 16, 2009 and Mayor Porter would attend for him. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported the next meeting would be held on April 27, 2009 and reminded all of the art show opening scheduled for April 24, 2009. I-9ff. Salmon Task Force -- No report. YTEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • She attended a community meeting related to the Drive River oil storage facility. • She attended the high tea fundraiser for the library expansion hosted by the Friends of the Library. • She reported she would attend the presentation of the Presidential Award to Lincoln Wensley in Washington, DC in May. Since she would be on vacation, she requested the city pay for a portion of her travel costs. There were no objections from council. • She suggested council schedule executive sessions to evaluate the City Attorney, City Manager, and City Clerk. • She received a letter from Tesoro Alaska informing her of their planned turnaround and the influx of workers into the area for the project. ITEM K: KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 10 K-1. City Manager -- City Manager Koch reported the following: • The termination of the University lease had been mutually agreed on and was recorded. • He met v.:th the Director, Division of Parks and discussed the Kenai River Special Management Area (KRSMA) boundaries; disagreement of the location of the boundaries within the city continued; and requested the May 20 work session include a discussion related to the KRSMA boundary (direction from council). Council had no objections to adding the discussion to the May 20, 2009 work session and requested members of the Harbor Commission be invited to attend. • He testified at the Legislative Information Office related to restoring the $5 million for the bluff erosion (it had been removed by the Senate). • He planned to attend the luncheon with Senator Begich and ask him about funding for the bluff erosion project. • Announced he received an award of grant letter for water and sewer projects (90% for $2 million for water, $2 million for sewer for extending water/sewer down Bridge Access Road). • He and Mayor Porter met with members of the Kenai Rotary who expressed great interest in being a party in developing the park along Marathon Road. • He updated the council on Dena'ina Estates (Section 36) properties. K-2. Attorney -- Requested a work session be scheduled to continue discussion on the city attorney search, noting the background reviews would be completed by April 24. Council scheduled a work session for Tuesday, April 28, 2009 at '7:00 p.m. K-3. City Clerk -- No report. ITEM L: L-1. Citizens (fx®e minutes) -- None. L-2. Council -- 13oyle -- No comments. Molloy -- Reported he learned during the break, charging sales tax was a requirement of the Borough's code. Johnson -- Reported the junior/senior prom would take place at the school over the weekend. KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 11 Eldridge -- Reported he would be leaving town April 16, but would be back for the May 6 council meeting. Smalley -- Thanked the audience for attending the meeting. ITEM M: PENDING 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 (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 FY10 budget process.) Ordinance No. 234'7-2008 -- 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.) 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. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) 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." (Clerk's Note: Ordinance No. 2395-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) -- None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 12 There being no further business before the Council, the meeting adjourned at approximately 9:18 p.m. Minis s submitted by: ~!r/ / Carol L. Freas,~City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory cotes 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 n.ot move or second items during a council meeting. ~~~~o