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HomeMy WebLinkAbout2009-07-01 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h.ttp: /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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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.) a. Ordinance No. 2347 -2008 (Substitute A /Molloy) 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. b. Ordinance No. 2347 -2008 (Substitute B /Koch) 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. 2. 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 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 FYIO budget process.) (The motion to adopt is active. A motion to remove from the table, and its passage, is required before consideration of the ordinance may proceed.) 3. Ordinance No. 2394 2009 Increasing Estimated Revenues and Appropriations by S45,501 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.) a. Ordinance No. 2394 2009 (Substitute) Increasing Estimated Revenues and Appropriations by $107,983 in the Airport Fund and by $4,319,316 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. 4. 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.) a. Ordinance No. 2403 -2009 (Substitute) 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) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 4) Require Tattoo Parlors, Massage Therapists, Dry Cleaners and Self Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). Ordinance No. 2418 -2009 Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 1E Killen Estates Collier Replat from Suburban Residential to Rural Residential. 6. Resolution No. 2009 -32 Encouraging and Supporting the Efforts of All Involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the West Side of Cook Inlet. 7. Resolution No. 2009 -33 Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. 8. Resolution No. 2009 -34 Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. 9. Resolution No. 2009 -35 Awarding the Bid to Peninsula Pumping, Inc. for Portable Restrooms Rental- -2009 for the Total Amount of 521,330.00 10. Resolution No. 2009 -36 Authorizing Kenai Hangar, LLC be Granted the Contractual Right for a 20 -Year Lease Renewal for a 35 -Year Lease on Lot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, Block 1, F.B.O. Subdivision, Designated as Lot 1 1A According to Preliminary Plat. 11. Resolution No. 2009 -37 Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment. 12. Resolution No. 2009 -38 Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. 13. Resolution No. 2009 -39 Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock. ITEM E: MINUTES 1. *Regular Meeting of June 17, 2009. 2. *May 18, 2009 Kenai City Council /Salmon Task Force Work Session Notes 3. *May 20, 2009 Kenai City Council Work Session Notes 4. May 26, 2009 Kenai City Council Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 3. *Ordinance No. 2419 -2009 Increasing Estimated Revenues and Appropriations by $7,299.30 for the Acquisition of Property Foreclosed Upon by the Kenai Peninsula Borough for Unpaid Property Taxes to Be Retained for a Public Purpose by the City. 4. *Ordinance No. 2420 -2009 Increasing Estimated Revenues and Appropriations by S30,000 for the Replacement of a Police Cruiser Destroyed During Pursuit of a Suspect. 5. *Ordinance No. 2421 -2009 Amending: 1) KMC 14.25.040(b) by Requiring Screening Between Residential and Commercial Uses; 2) KMC 14.25.045 by Providing That Property Adjacent to Residential Zones Should Provide Ingress and Egress to Route Traffic Away From Residential Streets and Providing that Some Developments May Be Required to Provide Frontal Roads; and, 3) KMC 14.25.070 by Providing a Mechanism to Apply for Variances. 6. *Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. 7. *Ordinance No. 2423 -2009 Appropriating Fifteen Thousand Dollars to Provide for Public Information of Ballot Proposition A, the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. 8. Approval Vacation of the 66 -Foot Right -of -Way Easement (33 Feet on Each Side) Adjacent to Government Lots 28 and 29; and Any Associated Utility Easements as Reserved in Original BLM Patent 1195867 and 1220887; Within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File 2009 -073; KPBPC Resolution No. 2009 -15; Location: City of Kenai. 9. Approval Patent Rights -of -Way Vacation /Vacation of the South 33- Foot Patent Rights -of -Way in Government Lots 173 and 174; and Vacation of the East 33 -Foot Patent Rights -of -Way in Government Lot 174 and 123, Excluding the Area That Will Underlie Floatplane Road Dedication Proposed on Kenai Cemetery Expansion Plat; All Within Section 31, Township 6 North, Range 11 West, Section 6, Within Township 5 North, Range 11 West. Patent Easements Reserved in Patent Numbers 1227249, 1227251 and 1154765, Recorded in Book 22, Pages 37 and 127 and Book 43, Page 168; Kenai Recording District; Seward Meridian, Alaska. 10. Approval Rental Agreement /Chevron North America Exploration and Production Company Office Space /Alaska Regional Aircraft Fire Training Center. 11. Approval City Attorney Contract /Krista Stearns 12. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. 13. Discussion Central Peninsula Multi -Use Facility ITEM 11: 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. 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. 2398 -2009 was postponed, no time certain, at the May 6, 2009 council meeting.) 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 Rick Ross Robert Molloy Hal Smalley Mike Boyle Joe Moore Pat Porter, Mayor Barry Eldridge 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. MOTION: MOTION: KENAI CITY COUNCIL REGULAR MEETING JULY 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.alc.us MAYOR PAT PORTER, PRESIDING ROLL CALL The City Clerk took roll. Present were: MINUTES Student Representative: Absent A quorum was present. A -3. AGENDA APPROVAL The following changes were requested: ADD TO: Item D -2, Ordinance No. 2365 -2008 Other municipality salary /benefit information. REM OVE: Item G -12, Discussion Kenai Task Force Findings /Proposed Natural Resources Commission Council Member Smalley MOVED for approval of the agenda with the changes requested and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 2 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: ITEM C: ITEM D: D -1. D- lb. MOTION TO AMEND: SCHEDULED PUBLIC COMMENTS (10 minutes) None. UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 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.) D- la. Ordinance No. 2347 -2008 (Substitute A /Molloy) 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. Ordinance No. 2347 -2008 (Substitute B /Koch) 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. Council Member Molloy MOVED to amend Ordinance No. 2347 -2008 by substituting with Ordinance No. 2347 -2008, Substitute A. Council Member Smalley SECONDED the motion. MOTION TO SUSPEND THE RULES: Council Member Smalley MOVED to suspend the rules to hear Item D -7, Resolution No. 2009 -33 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Ross Yes Molloy Yes Boyle Moore Yes Yes Porter No Smalley Yes Eldridge No KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 3 VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2009 -33 Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th. Legislative Session. Mayor Porter read into the record Resolution No. 2009 -33 in the presence of Senator Wagoner. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -33 and requested UNANIMOUS CONSENT. Council Member Ross 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 -1, Continued Council Member Molloy spoke in support of the substituting of Substitute A, noting the major difference was the timeline for publication of the agenda. VOTE ON SUBSTITUTION: *Student Representative Johnson: Absent MOTION TO SUBSTITUTE PASSED. With Ordinance No. 2347 -2008, Substitute A on the floor, the floor was opened for public comment. There being no persons wishing to speak, the public hearing was closed. MOTION TO AMEND: Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley 1 Yes Moore Yes Eldridge Yes Ross Yes Molloy No Boyle No Porter Yes Smalley Yes Moore No Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 4 Council Member Smalley MOVED to amend Ordinance No. 2347 -2008 (Substitute A) by removing page 22 (of the packet) from the substitute and replacing it with page 32 (of the packet) of Substitute B, the city manager's version (changing the publication timeline). Council Member Ross SECONDED the motion. Council /Administration comments included: Hesitation to codify the timeline. Better to include in the policies. Policy would be approved by council. If a change is needing to be made to the policy, it would require council approval, and be subject to public hearing. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED. MOTION TO AMEND: Council Member Smalley MOVED to amend Page 21 (of the packet) to delete Item L. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Smalley MOVED to amend by adding the reference to the removal of Section 2, (Page 30 and 31 of the packet), "KMC 1.15.050(c), Order of business, is repealed," including subsection C, The council's agenda may be prepared by an appropriate administrative officer and when so prepared shall constitute the agenda Ross Yes Molloy Smalley Yes Yes Boyle Moore Yes Yes Porter Yes Eldridge Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 5 for that meeting. Agenda for special meetings will usually not include as many subjects as agenda for regular meetings." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Ross MOVED to include subparagraph 8 of Substitute B's policies and procedures as the new Section 1, Paragraph L of Substitute A. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. It was noted, page 33, Substitute B's Appearance Request Form, was included with the previous Ross motion related to the policies and procedure amendments. MOTION TO AMEND: Council Member Eldridge MOVED to amend Ordinance No. 2347 -2008, Substitute A, changing five days to three days in the fourth whereas. Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore No Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore No Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 6 MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Absent MOTION PASSED. D -2. Ordinance No. 2365 -2008 Amending KMC 1.80.010 by Increasing the Mayor's Salary From S900 to S1,000 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.) (The motion to adopt is active. A motion to remove from the table, and its passage, is required before consideration of the ordinance may proceed.) MOTION: Council Member Smalley MOVED to take Ordinance No. 2365 -2008 from the table and Council Member Eldridge SECONDED the motion. VOTE ON TAKING FROM THE TABLE: *Student Representative Johnson: Absent MOTION TO TAKE FROM THE TABLE PASSED. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Ross Yes Molloy No Boyle No Porter No Smalley No Moore Yes Eldridge No Ross Yes Molloy Yes Boyle Yes Porter No Yes Smalley Yes Moore No Eldridge KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 7 Council comments included: Support to restore cuts made when Kmart closed. Council was well- compensated and other options could be considered, i.e. opting back into PERS, health insurance coverage, etc. Compensation for council /mayor may encourage more Kenai residents to run for office. The ordinance would not be effective until after the October, 2009 election. MOTION TO TABLE: Council Member Moore MOVED to table the ordinance until administration could provide other benefit options available instead of cash and stipends. Council Member Ross SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION FAILED. Council comments included: discussion. enough. A council. VOTE: MOTION PASSED. Adding benefits for council could be brought back at another time for A suggestion it be considered during budget discussions. Kenai was in an excellent financial position and the stipend would be 500 stipend may not be enough to encourage people to serve on *Student Representative Johnson: Absent Ross Yes Yes Molloy Smalley Yes Yes Boyle Moore 1 Yes Yes Porter Eldridge Yes Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 8 D -3. (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.) D -3a. MOTION TO AMEND: VOTE ON AMENDMENT: VOTE: Ordinance No. 2394 -2009 Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. Ordinance No. 2394 -2009 (Substitute) Increasing Estimated Revenues and Appropriations by $107,983 in the Airport Fund and by $4,319,316 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. Council Member Smalley MOVED to amend Ordinance No. 2394 -2009 by substituting with Ordinance No. 2394 -2009, the substitute. Council Member Eldridge SECONDED the motion. *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. An explanation of the difference in the ordinances was offered, noting FAA gave the rest of the entitlement monies and discretionary funds of $2 Million. *Student Representative Johnson: Absent KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 9 MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:04 P.M. BACK TO ORDER- 8.12 P.M. D -4. 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.) D -4a. Ordinance No. 2403 -2009 (Substitute) 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) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 4) Require Tattoo Parlors, Massage Therapists, Dry Cleaners and Self Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2403 -2009 by substituting Ordinance No. 2403 -2009, the substitute. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: `Student Representative Johnson: Absent Ross No Molloy No Boyle Yes Porter No Smalley Yes Moore No Eldridge No j Ross Yes Molloy Yes Yes Boyle Moore Yes Porter Yes Smalley Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 10 MOTION TO AMEND PASSED UNANIMOUSLY. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: The ordinance was sent back to the Planning Zoning Commission for separation of several items, i.e. automotive repair and the Townsite Historic zone issues. The substitute was what was recommended. Two new ordinances would address the two separated issues. Concern expressed that tattoo parlors and massage therapists were singled out, and concern those types of businesses would receive an unfair negativity. It was noted, the neighborhood requested those uses not be permitted in order to allow a closer review during the processing of a conditional use permit. MOTION TO AMEND: Council Member Boyle MOVED to delete the terms tattoo parlor" and "massage therapists" from the ordinance. Council Member Smalley SECONDED the motion. It was noted, the intention of the motion was to have tattoo parlors and massage therapists be permitted instead of conditional uses. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND FAILED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Absent Ross Yes Molloy Yes Bo le Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 11 MOTION PASSED UNANIMOUSLY. D -5. 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. MOTION: Council member Eldridge MOVED for adoption of Ordinance No. 2418 -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: Absent MOTION PASSED UNANIMOUSLY. D -6. Resolution No. 2009 -32 Encouraging and Supporting the Efforts of All Involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the West Side of Cook Inlet. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009 -32 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: KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 12 There were no objections. SO ORDERED. D -7. Resolution No. 2009 -33 Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. Moved and heard at the beginning of the meeting. D -8. Resolution No. 2009 -34 Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. 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 -9. Resolution No. 2009 -35 Awarding the Bid to Peninsula Pumping, Inc. for Portable Restrooms Rental- -2009 for the Total Amount of $21,330.00 MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -35 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -10. Resolution No. 2009 -36 Authorizing Kenai Hangar, LLC be Granted the Contractual Right for a 20 -Year Lease Renewal for a 35 -Year Lease on Lot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, Block 1, F.B.O. Subdivision, Designated as Lot 1 1A According to Preliminary Plat. MOTION: KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 13 Council Member Eldridge MOVED for adoption of Resolution No. 2009 -36 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included concern with an automatic contractual right to renew in 20 years given immediately with the lease and not earned. VOTE: There were no objections. SO ORDERED. D -11. MOTION: MOTION: Resolution No. 2009 -37 Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment. Council Member Eldridge MOVED for adoption of Resolution No. 2009 -37 and requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included a note that "places of employment" is different than "places of work." VOTE: There were no objections. SO ORDERED. D -12. Resolution No. 2009 -38 Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. Council Member Eldridge MOVED to adopt Resolution No. 2008 -38 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. KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 14 VOTE: There were no objections. SO ORDERED. D -13. Resolution No. 2009 -39 Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -39 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council /administration comments included: The contractor would set the price of fuel instead of the city and there would be no limits The contract would continue through September 2009. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. Regular Meeting of June 17, 2009 E -2. May 18, 2009 Kenai City Council /Salmon Task Force Work Session Notes E -3. May 20, 2009 Kenai City Council Work Session Notes E -4. May 26, 2009 Kenai City Council Work Session Notes All approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 15 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 $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2419 -2009 Increasing Estimated Revenues and Appropriations by 57,299.30 for the Acquisition of Property Foreclosed Upon by the Kenai Peninsula Borough for Unpaid Property Taxes to Be Retained for a Public Purpose by the City. Introduced with approval of the consent agenda. G -4. Ordinance No. 2420 -2009 Increasing Estimated Revenues and Appropriations by $30,000 for the Replacement of a Police Cruiser Destroyed During Pursuit of a Suspect. 5. *Ordinance No. 2421 -2009 Amending 1) KMC 14.25.040(b) by Requiring Screening Between Residential and Commercial Uses; 2) KMC 14.25.045 by Providing That Property Adjacent to Residential Zones Should Provide Ingress and Egress to Route Traffic Away From Residential Streets and Providing that Some Developments May Be Required to Provide Frontal Roads; and, 3) KMC 14.25.070 by Providing a Mechanism to Apply for Variances. Introduced with approval of the consent agenda. G -6. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. Introduced with approval of the consent agenda. KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 16 G -7. Ordinance No. 2423 -2009 Appropriating Fifteen Thousand Dollars to Provide for Public Information of Ballot Proposition A, the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. Introduced with approval of the consent agenda. G -8. Council stated no objections. G -9. Approval Patent Rights -of -Way Vacation /Vacation of the South 33- Foot Patent Rights -of -Way in Government Lots 173 and 174; and Vacation of the East 33 -Foot Patent Rights -of -Way in Government Lot 174 and 123, Excluding the Area That Will Underlie Floatplane Road Dedication Proposed on Kenai Cemetery Expansion Plat; All Within Section 31, Township 6 North, Range 11 West, Section 6, Within Township 5 North, Range 11 West. Patent Easements Reserved in Patent Numbers 1227249, 1227251 and 1154765, Recorded in Book 22, Pages 37 and 127 and Book 43, Page 168; Kenai Recording District; Seward Meridian, Alaska. Council stated no objections. G -10. Approval Rental Agreement /Chevron North America Exploration and Production Company Office Space /Alaska Regional Aircraft Fire Training Center. MOTION: Approval Vacation of the 66 -Foot Right -of -Way Easement (33 Feet on Each Side) Adjacent to Government Lots 28 and 29; and Any Associated Utility Easements as Reserved in Original BLM Patent 1195867 and 1220887; Within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File 2009 -073; KPBPC Resolution No. 2009 -15; Location: City of Kenai. Council Member Eldridge MOVED for approval of the rental agreement between Chevron North America Exploration and Production Company and the City of Kenai. Council Member Moore SECONDED the motion. It was noted the utility costs were covered by the rental rate in the past, this was a good rate, and to break the agreement it would require mutual consent of both Chevron and the City. Ross Yes Molloy Yes 1 Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 17 VOTE: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. G -11. Approval City Attorney Contract /Krista Stearns MOTION: Council Member Eldridge MOVED for approval of the City Attorney Contract between the City of Kenai and Krista Stearns. Council Member Boyle SECONDED the motion. Council Member Smalley requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -12. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. Removed from the agenda. G -13. Discussion Central Peninsula Multi -Use Facility Council Member Smalley explained the issue would be before the Assembly at its July 7 meeting and requested direction on the issue from council. Discussion followed with comments including: An amendment was expected to exclude the Nikiski Recreation Service Area from the proposed new service area. Do not exclude the City of Kenai from any vote on the proposition. Information should be provided to voters. Concern with Section 4 of the ordinance the issue should be approved by the voters and not by the council by ordinance. Concerns with assumption of revenue, make that information clear to voters, including the mill rate would continue to cover costs of maintenance, etc. Any exclusion of the proposed service area will have an impact on the mill rate and the size of the facility. No selection of a site had been made but would have to take place prior to the issue going to the voters. KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 18 ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Ross reported the July meeting had been cancelled. The next meeting would be held on August 13, 2009. H -2. Airport Commission Council Member Eldridge reported the next meeting would be held on July 9, 2009. H -3. Harbor Commission Council Member Smalley reported the July meeting had been cancelled. 11-4. Library Commission Council Member Boyle reported the July meeting had been cancelled and the next meeting would be held on August 4. H -5. Parks Recreation Commission Council Member Moore reported the next meeting would be held on July 2, 2009. H -6. Planning Zoning Commission Council Member Molloy reported the minutes of the June 24, 2009 meeting was included in the packet and gave a brief overview of actions taken. 1-1-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported a copy of the draft AML Policy Statement would be available for review in the Clerks office. The Statement would be discussed at the August summer meeting to be held in Palmer H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reported the June 16, 2009 meeting summary was included in the packet. H -7e. Kenai Convention Visitors Bureau Council Member Smalley gave a brief report on the June 29, 2009 meeting. H -7f. Reports of KPB Assembly, Legislators and Councils Council Member Smalley reported the next meeting would be held July 7, 2009. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she had attended the Little League closing ceremonies, the Special Needs barbecue and games; and the Kenai Classic. KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 19 ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: Thanked Council Member Molloy for his work on Ordinance No. 2347- 2008. Noted administration would like to bring Ordinance No. 2396 -2009 forward in order to put a process for public record requests in place as more requests were expected prior to the October election and a work session on the issue had been suggested but no date had been set. Council set a work session for 5:00 p.m. on August 5, 2009 prior to the council meeting. He would be meeting with Senator Murkowski s new Kenai office staff during the next week. Would bring discussion of the airport fuel flowage fee forward for the July 15, 2009 council meeting. J -2. Attorney Welcomed Krista Stearns. J -3. City Clerk No report. ITEM K: DISCUSSION K -1. Citizens (five minutes) None. K -2. Council Boyle Welcomed Ms. Stearns and thanked council for its donation to the 517 in his father's memory. Molloy Welcomed Ms. Stearns and thanked Clerk Freas for the information to assist council through the agenda. Ross Welcomed Ms. Stearns. Eldridge Welcomed Ms. Stearns and thanked the Parks Recreation Department for placing a picnic table by the Senior Center. Moore Welcomed Ms. Stearns. Smalley Welcomed Ms. Stearns and noted how pretty the city was looking and thanked the Parks Recreation employees for taking such good care of the city. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ross Yes Molloy Smalley Yes Yes Boyle Moore Yes Yes Porter Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 20 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. 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. 2398 -2009 was postponed, no time certain, at the May 6, 2009 council meeting.) 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. MOTION: Council Member Ross MOVED to convene in an executive session of the Council of the City of Kenai, to conduct the annual evaluations of the City Clerk and City Manager, matters that could prejudice the reputation and character of another. Council Member Eldridge SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. TO EXECUTIVE SESSION: 9:30 P.M. BACK TO ORDER: 12:05 A.M. (July 2, 2009) KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 21 Council Member Ross reported the council met in an executive session to discuss evaluations of the City Clerk and City Manager. Both received positive evaluations which Mayor Porter and Vice Mayor Ross would be discussing with them at a later time. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 12:06 a.m., July 2, 2009. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. 7 DATE OYEZ) BY COUNCIL