Loading...
HomeMy WebLinkAbout2009-05-20 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 2®y 2®®9 7:®® P.M. %ENAI CITY COUNCIL CHAMBERS bttp: / /www.ci.kenau.ale.us ITEM 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 LEGISLATORS AND COUNCILS ITEM E: PUBL%C HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by X2,415,000 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. The motion to adopt is active.) a. Substitute Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,888,252.65 in the Airport Apron Rehabilitation -Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package. 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." (Clerk's Note: Ordinance No. 2396-2009 was postponed as amended with Substitute Attachment B, to the May 20, 2009 council meeting. The motion to enact is active.) a. Substitute 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." 3. Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair from Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and; 5) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH). a. Substitute Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited. Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH). 4. Ordinance No. 2404-2009 -- Authorizing a Budget Transfer of $11,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $1 1,000 to Provide for Funding to the Kenai Convention and Visitors Bureau to Compensate It for Lost Revenue Due to the Four-Month Closure of the Kenai Visitors and Cultural Center (the "Center") for Repairs to the In-Floor Heating System. 5. Ordinance No. 2405-2009 -- Increasing Estimated Revenues and Appropriations by $8,590.27 in the General Fund for Reimbursement Received on the Kenai Historic Cabin Move Project. 6. Ordinance No. 2406-2009 -- Increasing General Fund Estimated. Revenues and Appropriations for Costs in Excess of Budgeted Amounts. 7. Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts. 10. Ordinance No. 240ii-2009 -- Increasing Estimated Revenues and Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts. 11. Ordinance No. 2409-2009 -- Increasing Estimated Revenues and Appropriations by $1,092.40 in the General Fund for Datamaster Training Reimbursements from the Alaska Highway Safety Office (AHSO). 12. Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Co~~~m~encing July 1, 2009 and Ending June 30, 2010. a. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. 13. Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Water and Sewer Fund and Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund. 14. Resolution No. 2009-19 -- Dedicating Monies Received From Facility User Fees for Use of the Alaska Fire Training Center for Major Maintenance of the Center. 15. Resolution No. 2009-20 -- Approving a Contract to Alaska Roadbuiiders, Inc. for the Project Entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 for the Total Amount of $2,578,797.65 Which Includes the Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3. 16. Resolution No. 2009-21 -- Awarding the Bid to Kachemak Electric for LED Streetlight Installation - 2009 for the Total Amount of $1,038.00 Per Fixture Furnish and Install. 17. Resolution No. 2009-22 -- Supporting an Alaska Department of Transportation & Public Facilities (ADOT/PF) Project to Renovate and Improve Beaver Loop Road and Construct a Separated Pedestrian Pathway Along Beaver Loop Road. 18. Resolution No. 2009-23 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. ITEM F: MINi3TES *Regular Meeting of May 6, 2009. ITEM Ca: ITEM H: 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinanee No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. 4. *Ordinanee No. 8413-2009 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Airport Land Sales Per~i~ar~crit r and and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. 5. *Ordinance No. 2414-2009 -- Amending the Land Use Table in KMC 14.22.010 for the Limited Commercial Zone (LC) by Listing Which Personal Services Require Conditional Use Permits (C) and Which Are Principal Permitted Uses (P). 6. Discussion -- Connex Placement/Kenai Convention & Visitors Center Property. ITEM 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 Sv Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF THE MAYOR ITEM K: 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENI9YNG 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 No±e: 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. 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. The motion to adopt tis active.) 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. (Clerk's Note: Ordinance No.2 398-2009 was postponed, no time certain, at the May 6, 2009 council meeting.) -- None Scheduled ITEM N: P/IINUTES YTEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk called the roll. Present were: ITEIVI A: CALL TO ORDER Mayor Porter called the meeting to order at approximately *: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 A quorum was present. Also present: Maya Johnson, Student Representative A-3. AGENDA APPROVAL The following requested additions/changes to the packet were requested: ADD AS: E-3(b), Subststute B/Ordananoe Tlo. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: (1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and The City Clerk took roll. Present were: KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 2 Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC) 3) Change Automotive Repair From Not Permitted (AI) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and; S) Require Tattoo Parlors and. Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH), and Limited Commercial Zone (LC). ADD TO: E-10, Ordinance No. 2410-2009, E-10iai Ordinance No. 2410-2009 and E-1S, Resolution No. 2009-23 -- Request for postponements to June 3, 2009. MOVE: H-6, Discussion -- Connex Placement/Kenai Convention & Visitors Center Property, to be heard immediately prior to Item E-1. MOTION: Council Member Smalley MOVED for approval of the agenda with the additions/changes requested and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOT%ON: 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 (10 minutes) None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley gave a brief report on discussions and actions taken. at the May 19, 2009 Borough Assembly meeting. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 3 H-6. Discussion -- Connex Placement/Kenai Convention & Visitors Center Property. This item was moved ahead and heard prior to the public hearings. It was noted, inforrnaiiori included in the packet described the cost and design fcr a storage building to be placed on the property behind the Visitors Center. The floor was opened to public comment. Natasha Ala, Executive Director, Kenai Convention & Visitors Center -- Stated her support of constructing a storage building on the property, noting she believed it would be a positive asset and provide space for storage of city property; believed the proposed size of the storage facility was appropriate; electricity and heat would not be necessary; and, she and her Board of Directors encouraged the council's support of the project. Council/Administration comments followed and included the following: • The storage building would house extra racks, chairs, tables, etc. and would not require heat or electricity. • The Center now pays for outside storage. • Space could be made available on other city property for the Center's connex and where representatives of the Center could have access. • Offsite storage could be problematic with transportation issues, etc. • Support stated of the building project as proposed. • Cost to the city would be between $4,500-9,000, depending on whether the building would be placed on a slab or not. • There was a short amount of time to move forward and do the project because it would be done by Workforce Development from the high school and site preparation would need to be completed by May 28. o If funds were made available for this project, there would be other planned building maintenance projects that would not be able to be completed during the current fiscal year. • There had been no request to build a storage building during budget preparation. • Support stated for the project as the cost would be more for leasing a storage facility than the cost for building the storage building. (It was noted, they were two different sources of funding.) ®TION: Council Member Molloy M®VED to authorize the School District Workforce Development Center to construct a 16 x 24' storage building for the use of the KCVB based on the building materials from the Workforce Development Center, plus the cost of the foundation or slab and direct the Administration to support the timely KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 4 construction through a subcontract for site preparation so it is done by May 28, 2009. Council member Smalley SEC®NDED the motion. Discussion continued with comments including: • If the project went forward, it wculd provide the city with a very viable and well-done storage building that would serve the Center's need and would be completed in a timely manner. • The building could be wired and insulated later if desired. • Would allow the city to continue its partnership with the Work Force Development Center. Council Member Boyle referred to a memorandum from City Attorney Graves with regard to a conflict of interest of Boyle as an employee of the School District and voting on whether to move forward with the project or not. Boyle stated he disagreed with the Attorney's findings and explained he had no monetary interest in the project and he would receive his normal salary through the School District whether the project proceeded or not. Mayor Porter stated, in reference to the Attorney`s opinion, she believed it would be a conflict of interest for Council Member Boyle to vote on the issue as he would receive financial gain for the project through the School District and should not vote on the issue. Council comments included: • Support of partnerships with youth and did not believe there was financial gain to Mr. Boyle as he would be paid anyway. • Believed there was both substantial financial gain and indirect financial interest. • Disagreement with the Porter's findings as Boyle would not gain financially. • The Workforce had completed other projects for the city and there were no cost issues. • From visual standpoint of the drawings, it appeared the storage building would blend well with the Center. V®TE: *Student Representative Johnson: Yes Smalley Yes Moore No Eldrid e No Ross No _ ; Molloy Yes Boyle Abstain Porter No ~ j NI®TI®N FAILED. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 5 The Center was encouraged to work with Administration to include the building project into the budget. Koch reported he would look into other storage possibilities on city property. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. 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. The motion to adopt is active.) E-1(a). Substitute Ordinance No. 2395-2009 -- Increasing Revenues anal Appropriations by X2,888,252.65 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 to adopt Substitute Ordinance No. 2395-2009 and Council Member Molloy SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. Finance Director Eubank gave an update with regard to the difference between Phases B and C, noting all the funding should be in place by the end of summer. VOTE: *Student Representative Johnson: Yes Smalley Yes Moore Yes _ ~ Eldridge Yes___ Ross Yes ~ Molloy Yes Boyle Yes Porter Yes ~ _ ~ ___ ~ _ ~ _-- MOTION PASSED UNANIMOUSLY. E-2. 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." KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 6 (Clerk's Note: Ordinance No. 2396-2009 was postponed as amended with Substitute Attachment B, to the May 20, 2009 council meeting. The motion to enact is actiue.) E-2~aj. Sr~bstitute Ordinanoe Pdo. ~3~5-2L'C9 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." MOTION: Council Member Molloy MOVED to enact Substitute Ordinance No. 2396-2009 and Council Member Smalley SECONDED the motion. The floor was opened for public comment. Loretta Pearce, 155 'Richfield Drive, Kenai -- Spoke in opposition to the ordinance, noting she felt it was unnecessary and was a form of censorship. There being no one else wishing to speak, the public hearing was closed. Council comments included: • Clarification the Act did not require documents be created, only existing documents disclosed. • Page 25, Board of Adjustment -- The rules for the Board of Adjustment would not automatically fall under the rules of KMC Chapter 14. Council could adopt those rules to apply to the document request Board of Adjustment. • Belief the seven-working days for making a decision on a document request Board of Adjustment should be kept in order for the citizen's appeal to be handled quickly. • Request to schedule a work session due to a number of other concerns not stated. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone action on Ordinance No. 2396-2009 to no time certain. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Johnson: Yes Smalley ~ Yes Moore Yes Eldridge Yes Ross ~ Yes _ j Molloy Yes ,Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 7 MOTION PASSED UNANIMOUSLY'. BREAK TAKEN: 8:00 P.M. (Council Member Boyle left the meeting.) BACK TO OP.DEI2: x:10 P.M. E-3. Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial. Zone (LC); 3) Change Automotive Repair from Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and; S) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH). E-3a. Substitute Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH). E-3b. Substitute B/Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: (1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC) 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and; 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH), and Limited Commercial Zone (LC). KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 8 MOT%ON: Council Member Eldridge MOVED to enact Ordinance No. 2403-2009, Substitute B ar~d Council Meiiiber tJicore SEOONDED the motion. The floor was opened for public comment. Loretta Pearce, 155 Rstchfield Drive, Kenai, AK -- Suggested lighting be increased on the highway due to traffic speed and difficulty to move on to the highway. (It was noted, Pearce should contact area legislators and. the Department of Transportation because the highway was state jurisdiction.) There being no one else wishing to speak, the public hearing was closed. Council/Administration comments included: • An explanation was given relative to the difference between the substitute ordinances, i.e. change in personal use and permitted uses under footnote 25. • Another ordinance, moving personal use to conditional use was included in the packet for introduction and would be considered by the Planning 8v Zoning Commission at its May 27, 2009 meeting. The substitute also included a table with defined uses. • Suggestion both ordinances go before the Planning & Zoning Commission for review and comment. • Both ordinances would accomplish the goals of public hearing comments made at the May 6, 2009 council meeting. MOTION TO POSTPONE: Council Member Ross MOVED to forward Substitute B to the Planning 8v Zoning Commission for consideration. Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Johnson: Yes Smalley Yes ~ Moore ~ Yes ~ Eldridge No Ross Yes Molloy Yes ~ Boyle i Absent Porter Yes ~ MOTION PASSED. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 9 E-4. Ordinanoe No. 2404-2009 -- Authorizing a Budget Transfer of $11,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $11,000 to Provide for Funding to the Kenai Convention and Visitors Bureau to Compensate It for Lost Revenue Due to the Four-lvionth Closure of the Kenai Visitors and Cultural Center (the "Center") for Repairs to the In-Floor Heating System. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2404-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. 3ackie Steckel, Kenai Convention Ss Visitors Center Board of Director -- Spoke in support of the ordinance, noting the reason for the request was to compensate for shortage of cash flow caused by the closure of the building during the repairs to the heating system. There being no one else wishing to speak, the public hearing was closed. Council comments included: • After a discussion between the Board of Directors and City Manager, a recalculation of revenue loss was determined and although discrepancies remained, the Board was willing to accept the figures presented by Administration. MOTION TO AMEND: Council Member Smalley MOVED to amend the title, changing references to $11,000 in lines two and four to $3,317.80; changing the reference to $11,000 in the seventh whereas to $3,317.80; changing the reference to $11,000 on page two to $3,317.80; and changing the references to Non-Departmental Transfers of $11,000 to $3,317.80. Council Member Molloy SECONDED the motion. Student Representative Johnson, noting that although her vote would not be counted, declared a conflict of interest in that her mother was the executive director of the Visitors Center. VOTE ON AMENDMENT: *Student Representative Johnson: Abstain KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 10 Smalle Yes ~ Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes MOTION PASSED UNANIMOUSLY. Council comments included: • The management agreement did not speak to sales to take place in the facility or income received from sales. • The city pays a yearly management fee as well as maintenance supplies, janitorial services, etc. • Would support the ordinance because of the amendments, but would not concede it as a precedent. • Suggestion administration review the contract and amendments to it be considered. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Abstain Smalle Yes Moore Yes Eldrid e Yes ~ Ross Yes Molloy ~ Yes Boyle ~ Absent Porter Yes MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2405-2009 -- Increasing Estimated Revenues and Appropriations by $8,590.27 in the General Fund for Reimbursement Received on the Kenai Historic Cabin Move Project. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2405-2009 and Council Member Moore SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 11 Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes MOTION PASSED UNANiMOUSI.Y. E-6. Ordinance No. 2406-2009 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2406-2009 and Council Member Smalley SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes I Smalley Yes Moore Yes Eldridge ~ Yes Ross Yes Molloy Yes Boyle Absent Porter Yes_ MOTION PASSED UNANIMOUSLY. E-7. Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2407-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 12 Smalley Yes Moore Yes Eldrid e Yes _J Ross Yes Mollo Yes Boyle _ Absent Porter ~ Yes ( _ ~ _ _ ~ ~ MOTION PASSED UNANIMOUSLY. E-8. Ordinance No. 240-2009 -- Increasing Estimated Revenues and Appropriations in the Water 8v Sewer Fund for Costs in Excess of Budgeted Amounts. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2408-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: "Student Representative Johnson: Yes Smalley Yes Moore Yes i Eldridge Yes Ross Yes Molloy Yes ;Boyle Absent Porter Yes MOTION PASSED UNANIMOUSLY. E-9. Ordinance No. 2409-2009 -- Increasing Estimated Revenues and Appropriations by $1,092.40 in the General Fund for Datamaster Training Reimbursements from the Alaska Highway Safety Office (AHSO). MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2409-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE I3 Smaller _ _ Yes Moore Yes Eldrid e Yes Ross Yes Mollo Yes Boyle Absent Porter Yes MOTION PASSED UNANIMOUSLY. E-10. Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. E-10a. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. MOTION: Council Member Eldridge MOVED for adoption of Substitute Ordinance No. 2410- 2009 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. Council Member Ross noted, though he had no direct or indirect financial interest in the budget, he did have a relative who was an employee of the police department, but who was not a member of his household. Attorney Graves stated, because the member of Council Member Ross was not a member of his household and he had no direct or indirect financial gain from the family member's employment, he did not find it a conflict of interest for Council Member Ross to vote on the ordinance. Mayor Porter agreed and informed Ross he could vote on the ordinance. Council Member Ross also noted his son was an unpaid board of director for a contractor for the city, however his son was not a member of his household. Mayor Porter informed Ross he could vote on the ordinance. Other comments included: • It was also noted, approving the budget would also approve a raise in the council stipend. • Reference made to a memorandum added to the packet at the beginning of the meeting, noting Administration's request for the postponement of Ordinance No. 2410-2009 and Resolution No. 2009-23 to the June 3, 2009 meeting due to the lack of advertising consistent with the Kenai Municipal Code. MOTION TO POSTPONE: KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 14 Council Member Smalley MOVED to postpone Ordinance No. 2410-2009 to the June 3, 2009 council meeting and Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Johnson: Yes Smalle Yes Moore Yes Eldrid e Yes Ross Yes Mo11o Yes Bo le Absent Porter Yes MOTION PASSED UNANIMOUSLY. It was noted, the public hearing would remain open to allow for public testimony at the June 3, 2009 meeting. E-11. Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Water and Sewer Fund and Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2411-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes ~ Smalley ~ Yes Moore Yes Eldridge I Yes ~ Ross Yes Molloy Yes Boyle ~ Absent Porter __ Yes __ ~ MOTION PASSED UNANIMOUSLY. E-12. Resolution No. 2009-19 -- Dedicating Monies Received From Facility User Fees for Use of the Alaska Fire Training Center for Major Maintenance of the Center. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 15 MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009-19. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. E-13. Resolution No. 2009-20 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 for the Total Amount of $2,578,797.65 Which Includes the Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009-20 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. E-14. Resolution No. 2009-21 -- Awarding the Bid to Kachemak Electric for LED Streetlight Installation - 2009 for the Total Amount of $1,038.00 Per Fixture Furnish and Install. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009-21 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 16 There were no objections. SO ORDERED, E-15. Resolution No. 2009-22 -- Supporting an Alaska Department of Transportation 8v Public Facilities (ADOT/PF) Project to Renovate and Improve Beaver Loop Rcad and Canstruct a Separated Pedestrian Pathway Along Beaver Loop Road. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009-22 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. Administration reported a resolution of support was required by the Department of Transportation; the project would was moving forward; and, the project would be completed probably by 2012 or 2013. Administration was asked to research whether the speed limit could remain at 45 miles per hour even if the road would have shoulders. VOTE: There were no objections. SO ORDERED. E-16. Resolution No. 2009-23 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009-23 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. Duane Bannock, 1908 Aliak Street, Kenai -- Spoke in support of the resolution. MOTION FOR POSTPONEMENT: Council Member Smalley MOVED for postponement of Resolution No. 2009-23 to the June 3, 2009 council meeting, with a continuation of the public hearing. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 17 It was noted, the postponement was because statements within the resolution referred to the budget ordinance passage. =aOTE ter: Pv~TPOr:EMEr:T: There were no objections. SO ORDERED. %TEM F: MENUTES F-1. Regular Meeting of May 6, 2009 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Ratification of Bills -- None. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. Introduced by approval of consent agenda. H-4. Ordinance No. 2413-2009 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 18 H-5. Ordinance No. 2414-2003 -- Amending the Land Use Table in KMC 14.22.010 for the Limited Commercial Zone (LC) by Listing Which Personal Services Require Conditional Use Permits (C) and Which Are Principal Permitted Uses (P). Introduced by approval of consent agenda. H-6. IDiscussion -- Connex Placement/Kenai Convention ~ Visitors Center Property. This item was moved ahead and heard prior to the public hearings. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Ross reported the May meeting had been cancelled. Mayor Porter noted the application of Ron Fullinck was in the packet for consideration of appointment to the Council on Aging. With no objections from council, Mayor Porter appointed Fullinck to the membership. Y-2. Airport Commission -- Council Member Eldridge reviewed discussions and actions taken by the Commission at their May 14, 2009 meeting. I-3. Harbor Commission -- Council Member Smalley referred to the meeting summary included in the packet, noting there was no quorum. Mayor Porter noted the application of William Niederhauser was in the packet for consideration of appointment to the Commission. With no objections from council, Mayor Porter appointed Niederhauser to the membership. I-4. Library Commission -- It was noted the meeting summary of the May 5, 2009 meeting was included in the packet. %-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting was scheduled for July 2, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the May 13, 2009 meeting minutes which were included in the packet. I-'7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter noted the May 12, 2009 meeting summary was included in the packet. I-7b. Alaska Municipal League Report -- Council Member Smalley reported on recent meetings and that he would be attending the summer AML meeting in Palmer. Mayor Porter noted she planned to attend the summer meeting as well. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 19 I-7e. Min's-Grant Steering Committee -- No meeting I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported the next ~a~eeting would be held on May 21, 2009. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley gave a brief report of recent meetings and discussions, i.e. kitchen project concerns, heater noise and dust, and desire for better cooperation between the facility and city administration. City Manager Koch gave an update on the kitchen project, consultant to investigate and resolve the heater issue, etc. I-7f. Saimon Task Force -- Council Member Moore reported on the work session held with council on May 18, 2009, noting recommendations, formation of a Natural Resources Commission, and coordination with the City of Soldotna. Moore requested a discussion item to that regard be included on the June 17, 2009 council meeting agenda. Administration was requested to research other ordinances for Natural Resources Commissions within the state and thank you letters to the Task Force members were requested to be sent. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following items: • She attended the Kenai Central High School graduation, Alliance meeting, and BP's Teachers of Excellence Award. • Fire hydrants were painted by local grade school classes. • Noted new Kenai businesses and an article related to Kenai in the Alaska Business Monthly. • Traveled to Washington, DC to observe the Presidential Award presentation made to Kenai student Lincoln Wensley and while there, met with the Senators Murkowski and Begich and discussed the bluff erosion project. ITEM K: ADMINISTRAT%ON REPORTS K-I. City Manager -- City Manager Koch reported the following: • He was busy with Stimulus grant funding paperwork and going through the ICMA certification process. • Noted the Special Use Permit from the Chugiak Baptist Organization with regard to providing volunteer outreach services related to the Personal Use Fishery. Concerns were expressed with regard to competition to other city restaurants due to the Organization giving away food, what is involved with the orientation and training they provide to their volunteers, and liabslities to the city. Having a representative speak to council was suggested, as well as a preference to using a Memorandum of Agreement instead of a Special Use Permit for their activities. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 20 K-2. Attorney -- Attorney Graves noted he would be out of the office from May 21-26,2009. K-3. City Clerlt -- Clerk Freas read into the record the email transmission s om a representative of Kenai Landing, Inc., noting their vaithdrawal of appeal. ITEM L: D%SC[TSSION L-%. Citizens (five minutes) Bob Peters, Old Town, Kenai -- Stated his support of the efforts of the Chugiak Baptist Organization volunteers. Natasha Ala, Executive Director, Kenai Convention & Visitors Bureau -- Reported visitors had expressed concerns to them related to the Organization's questioning persons on the beach about their religious views. She also noted they would be very happy to provide the beach visitors with information related to activities going on in Kenai. L-2. Council Smalley -- • Thanked the Airport Manager for the Air Faire shirts. • Thanked and congratulated the Police Department for their expertise and working relationship with the Soldotna Police Department and the Alaska State Troopers. • Reported there were 48 students who graduated from Kenai Alternative School this year. • Was involved in the Kenai Little League opening ceremonies. • Corrected an earlier comment related to the Borough Assembly, Borough Mayor and an ordinance introduced to place a question on the ballot related to changing from Assembly/Mayor government to Assembly/Manager. Moore -- Though he appreciated volunteers, stated concern the city should, at a minimum, require insurance from the Organization, along with a formal permit, and would like a presentation from the Organization at a council meeting. Eldridge -- Noted the formal opening of the wildlife viewing platform. Johnson -- Noted it was the last day of the school year and she participated in the Police Department's shooter drill during the previous week. Ross -- Reported he attended the graduation ceremony and congratulated Johnson on being promoted to the senior class. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 21 Molloy -- Referred to information included in the packet related to information request tracking software. 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 X1,000 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 FYl 0 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.) 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. The motion to adopt is actiUe.J 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. (Clerk's Note: Ordinance No.2 398-2009 was postponed, no time certain, at the May 6, 2009 council meeting.) -- None Scheduled ITEM N: There being no further business before the Council, the meeting adjourned at approximately 10:35 p.m. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 22 Minutes submitted by: Carol L. Freas, CitT,~ Clerk ~~~ e~ tt~~ea~ a~er~ ~~ ~~.~~ *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 cote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting.