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HomeMy WebLinkAbout2009-06-17 Council MinutesITEM A: CALL, TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 17, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 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. Brenda Crim Chugiak Baptist Organization /North /South Beach Volunteer Outreach Services. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2415 -2009 Amending the Regulation of Smoking in KMC 12.40 by Including Definitions for "Businesses" and "Health Care Facilities," by Permitting Businesses to Post and Maintain Their Premises as Non Smoking Establishments; Prohibiting Smoking in Health Care Facilities and Requiring Health Care Facilities to Have a Smoke -Free Buffer in Entryways; and, Prohibiting Smoking at Posted Outdoor Events and Prohibiting Smoking Within a Reasonable Distance From Outside Areas Where Smoking is Prohibited. 2. Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070. Ordinance No. 2417 -2009 Authorizing a Budget Transfer of 525,000 Within the General Fund and Increasing Estimated Revenues and Appropriations by $25,000 to Provide for Additional Funding for the Kenai Dock Improvements Project. 4. Resolution No. 2009 -25 Placing on the City of Kenai October 6, 2009 General Election Ballot the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. 5. Resolution No. 2009 -26 Approving a Contract to G 8v H Construction for the Project Entitled Kenai Boat Launch Ramp Plank Replacement 2009 for the Total Amount of 562,800.00. 6. Resolution No. 2009 -27 Authorizing a Budget Transfer Within the General Fund, Legislative and Legal Departments to Cover Costs for External Legal Services Associated with the Referendum Petition Related to City of Kenai Ordinance No. 2309 -2009. 7. Resolution No. 2009 -28 Authorizing a Budget Transfer Within the General Fund, Non Departmental and Manager Departments to Cover Costs in Excess of Budget Amounts. 8. Resolution No. 2009 -29 Authorizing a Budget Transfer Within the General Fund, Recreation and Parks Departments to Cover Costs in Excess of Budget Amounts. 9. Resolution No. 2009 -30 Authorizing the City Manager to Submit a Grant Application on Behalf of the City of Kenai for Energy Efficiency and Conservation Block Grants. 10. Resolution No. 2009 -31 Authorizing a Budget Transfer Within the Water Sewer Fund, Wastewater Treatment Plant Department for the Replacement of the Facility's Disinfection Control System. ITEM E: MINUTES 1. *Regular Meeting of June 3, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2418 -2009 Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot lE Killen Estates Collier Replat from Suburban Residential to Rural Residential. 4. Discussion Status of Proposed Sprucewood Glen No.2 Subdivision 5. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. ITEM H: 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 Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: 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 5900 to 51,000 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 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 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 is active.) 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 substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is 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.) Ordinance No. 2403 -2009 (formerly Substitute C) 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 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 Tattoo Parlors, Massage Therapists, Dry Cleaners and Self- Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). (Clerk's Note: At the June 3, 2009 meeting, Ordinance No. 2403 -2009 was amended with Substitute C and subsequently postponed, no time certain. The motion to adopt Ordinance No. 2403 -2009 is active.) 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. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk. ITEM M: ADJOURNMENT Barry Eldridge Rick Ross, Vice Mayor Robert Molloy Pat Porter, Mayor Hal Smalley Joe Moore 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. The City Clerk took roll. Present were: Council Member absent: Mike Boyle A quorum was present. Also present: Student Representative Maya Johnson Mayor Porter noted Council Member Boyle was absent and attending the funeral of his father. A -3. AGENDA APPROVAL The following changes were requested: REMOVE: Annual Evaluations of City Manager and City Clerk ADD: Executive Session: City Attorney Recruitment REMOVE: Discussion Salmon Task Force Findings (place on July 1, 2009 agenda). MOTION: KENAI CITY COUNCIL REGULAR MEETING JUNE 17, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ROLL CALL Council Member Smalley MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA MINUTES KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 2 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) B -1. Brenda Crim Chugiak Baptist Organization /North /South Beach Volunteer Outreach Services. Ms. Crim gave an overview of the activities her organization would be performing during dip net season, including fist aid stations with doctors and nurses attending, children activities, trash pick -up, etc. Council comments included: A request the organization add the City as an additional insured to their $3 Million liability insurance policy. Include information of events going on in the City during their volunteer orientation. Identification of volunteers with wrist bands. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Richard King, 40789 Kalifornsky Beach Road, Kenai King identified that he was the president of Kenai River Seafoods who conduct business from the Kenai Landing property. King requested use of the City's floating docks that were currently stored and not being used, noting he would pick them up, refurbish them and return them. Discussion followed and concerns were expressed that lending City equipment would set a precedent, there was not adequate time to work out the details, and King would be notified when the equipment would be placed on a future auction list. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. Ordinance No. 2415 -2009 Amending the Regulation of Smoking in KMC 12.40 by Including Definitions for `Businesses" and "Health Care Facilities," by Permitting Businesses to Post and Maintain Their Premises as Non Smoking Establishments; Prohibiting Smoking in Health Care Facilities and Requiring Health Care Facilities to Have a Smoke -Free Buffer in Entryways; and, Prohibiting Smoking at Posted Outdoor Events and Prohibiting Smoking Within a Reasonable Distance From Outside Areas Where Smoking is Prohibited. Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes 1 Smalley Yes Moore Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 3 MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2415 -2009 and Council Member Ross SECONDED the motion. The floor was opened for public hearing. Paul Morrison, 805 Auk Street, Kenai Spoke in opposition to the ordinance, noting the City's highest priority should be good water. MOTION TO AMEND: Council Member Eldridge MOVED to amend 12.40.030, second line, to read: "...chapter (unless declared non smoking by the owner or operator):" Council Member Moore SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Ross MOVED to amend 12.40.020(c), changing "fifty (50)" feet to "twenty (20)" feet. Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: Eldridge Yes Ross Yes Yes Molloy Smalley Yes Yes Boyle Absent Porter Moore Yes Yes Moore Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 4 *Student Representative Johnson: Yes MOTION PASSED UNANIMOTTCLY, D -2. Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2416 -2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2417 -2009 Authorizing a Budget Transfer of $25,000 Within the General Fund and Increasing Estimated Revenues and Appropriations by S25,000 to Provide for Additional Funding for the Kenai Dock Improvements Project. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2417 -2009 and Council Member Eldridge SECONDED the motion. There were no council comments. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 5 VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2009 -25 Placing on the City of Kenai October 6, 2009 General Election Ballot the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2009 -25. 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: There were no objections. SO ORDERED. D -5. Resolution No. 2009 -26 Approving a Contract to G H Construction for the Project Entitled Kenai Boat Launch Ramp Plank Replacement 2009 for the Total Amount of 562,800.00. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009 -26 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 6 D -6. Resolution No. 2009 -27 Authorizing a Budget Transfer Within the General Fund, Legislative and Legal Departments to Cover Costs for External Legal Services Associated with the Referendum Petition Related to City of Kenai Ordinance No. 2309 -2009. Council Member Eldridge MOVED for adoption of Resolution No. 2009 -27 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2009 -28 Authorizing a Budget Transfer Within the General Fund, Non Departmental and Manager Departments to Cover Costs in Excess of Budget Amounts. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -27 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. There were no council comments. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2009 -29 Authorizing a Budget Transfer Within the General Fund, Recreation and Parks Departments to Cover Costs in Excess of Budget Amounts. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -27 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. There were no council comments. VOTE: KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 7 There were no objections. SO ORDERED. D -9. Resolution No. 2009 -30 Authorizing the City Manager to Submit a Grant Application on Behalf of the City of Kenai for Energy Efficiency and Conservation Block Grants. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009 -27 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -10. Resolution No. 2009 -31 Authorizing a Budget Transfer Within the Water Sewer Fund, Wastewater Treatment Plant Department for the Replacement of the Facility's Disinfection Control System. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -27 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. There were no council comments. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. Regular Meeting of June 3, 2009 Approved by consent agenda ITEM F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 8 G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. An explanation was given with regard to the purchase order increases to Alaska Roadbuilders and Wince, Corthell, Bryson. VOTE: There were no objections. SO ORDERED. G 3. Ordinance No. 2418 2009 Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot lE Killen Estates Collier Replat from Suburban Residential to Rural Residential. Introduced by approval of consent agenda. G 4. Discussion Status of Proposed Sprucewood Glen No.2 Subdivision Referring to information included in the packet, City Manager Koch noted the following: Council directed Administration to undertake a re -plat of the property to create two lots and dedicate a right -of -way from what had been a single lot and utility /access easement in a 1984 replat and that, the city believed, removed the restriction of a 1978 plat note. Council directed that Lot B (the southern lot) in its entirety, and the northern 30' of the right -of -way dedication (Lawton Drive) be identified as a "buffer strip." Eldridge Yes Ross Yes Molloy No Boyle Absent Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 9 Borough action and explanation was, the borough did not and would not enforce plat notes that were for the benefit of the subdivider and /or adjacent properties. As a result of the Borough Planning Commission's action, there was an unresolved legal issue, i.e. if the plat note creating a buffer on the 1978 subdivision plat carried forward even though a 1984 re -plat did not contain a buffer note. Administration intended to comply with council's direction and, based on the borough's action, would withdraw the plat and by deed restriction, place a more restrictive natural vegetative buffer restriction on the portions of the property council directed to have platted. A metes and bounds survey would be done and the then the deed restriction would be recorded. It would take a legal determination with regard to whether the 1978 plat note was removed or not and could be determined when interest in leasing the property came about. Council comments included: The property was still in one piece, felt the deed restriction would cloud it, and that it would be better to keep the property as one piece at this time The deed restriction would add a second layer of deed control. Suggestion the issue be brought back to council as an action item. Through the City's process, the public was promised a deed restriction would be placed. If the deed restriction process went forward, the council's intent would be on the record and believed it would be a problem for a future council if it were not done. MOTION: Council Member Ross MOVED for the city manager to continue with the direction of council in placing a restriction on the deed with the metes and bounds. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Johnson: Yes MOTION PASSED. G 5. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 10 Item was removed from the agenda at the beginning of the meeting and noted to place on the July 1, 2009 council meeting agenda. BREAK TAKEN: 8:10 P.M. BACK TO ORDER: 8:20 P.M. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging No report. H -2. Airport Commission Council Member Eldridge reviewed the meeting summary of the June 11, 2009 meeting, which was included in the packet. H -3. Harbor Commission Council Member Smalley reviewed the June 8, 2009 meeting summary, which was included in the packet. H -4. Library Commission No report. H -5. Parks Recreation Commission Council Member Moore reported the next meeting was scheduled to be held on July 2, 2009. H -6. Planning Zoning Commission Council Member Ross reviewed the minutes of the June 10, 2009, which were included in the packet. A brief discussion took place with regard to larger and colored signs Planning Zoning public notice signs. Consensus of council was to have them printed on colored background in order for them to be more visible. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report No meeting. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reported the next meeting was scheduled for June 18, 2009. H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting was scheduled for June 29, 2009. KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 11 H 7f. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions and discussions that took place at the June 16, 2009 Assembly meeting, including the proposed domed sports facility, etc. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She attended the Wounded Warrior Fishing trip, the Elks Club reopening after being remodeled, and visited new businesses in the city. She was involved in planning Industry Days Picnic. John Douglas, the city's representative to the Board of Directors of the Cook Inlet Citizens Advisory Council (CIRCAC) had sent a resignation letter, which was included in the packet. Mr. Douglas had since stated he would continue on until September, 2009. It was suggested a representative from CIRCAC speak at a council meeting to update the council /public of the group's mission, etc. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manager Koch reported the following information: He had been approached by a person interested in taking over selling of fuel at the dock; a request for proposals would be advertised; having a separate concessionaire would free up a city employee for doing other tasks for over six weeks. He was working on a new management agreement for the Kenai Convention Visitors Bureau which should be before council at the August 19 meeting. He was working with the Corps of Engineers with regard to the design and cost estimate for the bluff erosion project. An employee appreciation reception was held at the Senior Center and was very enjoyable. Updated council with the process of the multi -use sports facility. Council requested a copy of its previous resolution and that the matter be included on the July 1, 2009 council meeting agenda. He was working with the Library Director in capturing additional funding sources for the proposed library expansion and found the U.S. Department of Agriculture very helpful in identifying data needed. s Ordinance No. 2347 -2009 would be back on the July I 2009 council meeting agenda. He planned to attend the ICMA Annual Conference from September 13- 16, 2009. He was called to jury duty in July. He met with the Airport Commission and discussed the fuel flowage fee; the Commission passed a motion to recommend the fee stay at S.02 /gallon across the board; and, unless council directed differently, he would bring options before council at the July 15, 2009 meeting. Council directed the item be brought back as an agenda item in order for the operators to address it, including option information. KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 12 Sent congratulations to Talis Colberg who was elected mayor of the Matanuska Susitna Borough. He would bring forward two resolutions at the July 1, 2009 meeting thanking the area legislators and the Governor for their assistance to the City of Kenai during the last legislative session. Comments of council included a request to remove sand for sidewalks along Frontage Road in front of the soccer field and to sweep the subdivisions again. J -2. Attorney No report. J -3. City Clerk City Clerk Freas reported there were now lapel microphones available for use in the council chambers, along with individual sound amplifiers for people attending city meetings. ITEM K: DISCUSSION K -1. Citizens (five minutes) None. K -2. Council Molloy No comments. Ross No comments. Johnson Reported she would be absent from the July 1, 2009 council meeting. Moore Referred to the earlier discussion about the use of the dock floats and a comment that they may be used at the Marathon Road Park, and stated concern something else be used if the floats were in such bad shape. Smalley Thanked employees for their dedication to the City and stated his appreciation in holding the reception. Stated he thought the City was looking very nice. Reminded all the AML summer meeting would be held August 12 -14; the annual meeting would be held in Anchorage from November 18 -20; and, urged participation in the Newly Elected officials training to be offered November 16 -18 for new or current council members. Porter Noted the connexes were placed at the new soccer field, and that Emily DeForest was in the hospital and wished her well, as she had been an inspiration to the community ant the library. KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 13 ITEM L: 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 (RR 1) to Limited Commercial (LC). Ordinance No. 2365 -2008 Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to S1,000 Per Month and Council Members' Salaries From S400 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 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 is active.) 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 substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2398 -2009 Decreasing Estimated Revenues and Appropriations by 5 250,000 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.) Ordinance No. 2403 -2009 (formerly Substitute C) 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) Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 14 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 and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners and Self- Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). (Clerk's Note: At the June 3, 2009 meeting, Ordinance No. 2403 -2009 was amended with Substitute C and subsequently postponed, no time certain. The motion to adopt Ordinance No. 2403 -2009 is active.) 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. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk (removed). City Attorney Recruitment (added). MOTION: Council Member Moore MOVED to convene in an executive session of the Council of the City of Kenai concerning City Attorney Recruitment, a matter that could prejudice the reputation and character of another. Council Member Eldridge SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. It was noted, only council would be attending the executive session. CONVENED TO EXECUTIVE SESSION: 9:27 P.M. BACK TO ORDER: 9:50 P.M. Council Member Moore reported the council members met in an executive session concern city attorney recruitment and the discussion was on going. KENAI CITY COUNCIL MEETING JUNE 17, 2009 PAGE 15 ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:52 p.m. Minutes by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. OVED BY COUNCIL 2/ 1 IRATE CLERK