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HomeMy WebLinkAbout2009-07-15 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenaalcus 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A11 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. Trent Dodson, Cook Inlet Regional Citizens Advisory Council Overview /Update of Organization Activities. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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. a. Substitute Ordinance No. 2419 -2009 1) 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; and 2) Declaring Lots 12, 13, 14, 15, and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. 2. 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. 3. 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. 4. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non- Conforming Uses to Expand. 5. 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. 6. Resolution No. 2009 -40 Approving the Purchase of Three Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing. 7. Resolution No. 2009 -41 Supporting the "Preserving the American Historical Records" Bill (H.R. 2256). 8. Resolution No. 2009 -42 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, Directing Items on Attachment A be Sold as Allowed in Kenai Municipal Code 7.15.060, and the Four -Story Fire Training Building Located at 400 Marathon Road May Be Sold by a Broker. 9. Resolution No. 2009 -43 Awarding a Contract to Oshkosh Corporation for a Striker 3,000 Gallon Aircraft Rescue and Fire Fighting Vehicle for the Total Amount of $888,081 FOB Kenai. 10. Resolution No. 2009 -44 Transferring S281,935 in the Wellhouse 4 Capital Project Fund for Additional Engineering Services. 11. Resolution No. 2009 -45 Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, New Water Transmission Mains (Phase 11), Well House, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2011. ITEM E: MINUTES 1. *Regular Meeting of July 1, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2424 -2009 Increasing Estimated Revenues and Appropriations by $426.25 in the General Fund for the Police Department to Purchase a New Glock Duty Pistol From Asset Forfeiture funds Provided to the City of Kenai. 4. *Ordinance No. 2425 -2009 Enacting KMC 14.20.255 Establishing a Process for the Regulation and Placement of Communications Towers Within the City of Kenai and Amending the Land Use Table in KMC 14.22.010 to Provide that Communications Towers are a Conditional Use in the Rural Residential (RR) and Central Mixed Use (CMU) Zones. 5. *Ordinance No. 2426 -2009 Increasing Estimated Revenues and Appropriations by S2,281.00 for a City Clerk Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 6. Approval Amended Employment Agreement Between City of Kenai and Rick Koch. 7. Discussion Airport Fuel Flowage Fee 8. Discussion Salary Adjustment /City Clerk. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning 8s 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 (RRI) 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 Personnel Issue and Financial Matter of the City. ITEM M: ADJOURNMENT ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING JULY 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS hit p: /www.ci.kenal.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Robert Molloy Mike Boyle Hal Smalley Joe Moore Rick Ross, Vice Mayor Pat Porter, Mayor Barry Eldridge 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 TO: D -5, Ordinance No. 2423 -2009 Kellie Kelso email transmission /testimony related to Ordinance No. 2423 -2009. ADD AS: D -5, Substitute 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. ADD AS: D-1 1a, Substitute Resolution No. 2009 -45 Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "Kenai Municipal Wastewater Treatment Plant Upgrades, and Related Improvements" as the Number One Local ADEC Funding Priority for Fiscal Year 2011. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 2 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 MOTION: 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) Trent Dodson, Cook Inlet Regional Citizens Advisory Council Overview /Update of Organization Activities. Dodson introduced himself as the Director of Public Outreach of the Cook Inlet Regional Citizens Advisory Council (CIRCAC), 910 Highland Avenue, Kenai. Dodson gave an overview of the organization's history, make -up and responsibilities, including prevention responses, operations and safety, environmental monitoring, and funding. ITEM C: ITEM D: D -1. D -la. UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2419 -2009 Increasing Estimated Revenues and Appropriations by S7,299.30 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. Substitute Ordinance No. 2419 -2009 1) 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; and 2) Declaring Lots 12, 13, 14, 15, and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 3 MOTION: Council Member Eldridge MOVED for adoption of Substitute Ordinance No. 2419- 2009 and Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council /administration comments included: There were two tenants on the properties but administration was not aware of any written leases or rental agreements. Administration would meet with the tenants and provide time for them to find alternate housing. Time for the tenants to find alternate housing would be determined when meeting with the tenants, but would be more than 30 days; payment of rent could be discontinued to allow tenants to accumulate funding to find more suitable housing. A four -month period of time could be given to allow the tenants to find alternate housing; an inspection of the dwellings would be taken; if found to be in an unsafe condition, the city would make some arrangement for the tenants to be moved to alternate housing for a period of time As the owner of the properties, the city would insure the properties as other city properties are insured. Concern for the city's liability in renting the dwellings; did not want the city to be a landlord; and, would want more assurance of being the landlord. Concern with keeping the properties for public purpose; would not want the property to be used as a staging area for the bluff project, as it probably would be some time before the project would begin. Tent camping area was needed in the city, but these properties would not be appropriate for that purpose. Acquisition of the properties would be acceptable in order to clean the area, but not wanting the city to be a landlord. Support of acquiring the properties for public purpose. The city had a memorandum of agreement with the Borough which could need amending if the city were not to use the property for public purpose, i.e. not waive tax amounts. The Council could, at a future time, decide the property was no longer needed for public purpose and could dispose of it through the required process. Support for the acquisition of the property which could be used as a park and /or use during the bluff project. If the properties were found to be unsafe, the city could assist in relocating the tenants. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 4 VOTE: *Student Representative Johnson: Yes Molloy No MOTION PASSED. MOTION: VOTE: Boyle Smalley Yes Moore Ross Yes Yes Yes Porter Yes Eldridge Yes D -2. 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. Council Member Eldridge MOVED to adopt Ordinance No. 2420 -2009 and 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. *Student Representative Johnson: Yes Molloy Yes Boyle Smalley Yes Moore Ross Yes MOTION PASSED UNANIMOUSLY. Porter Yes Eldridge Yes D -3. 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. Council Member Molloy MOVED to enact Ordinance No. 2421 -2009 and Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 5 The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2422 -2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. Mark Schrag, 312 Princess, Kenai Questioned the possibility of the property owner to sell the property. Council /administration comments included: Question of whether the ordinance would meet standard lending institutions to lend money on non conforming use. It was understood, with a conditional use permit to be a non conforming use, would allow better access to credit. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 6 D -5. 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. D -5a. Substitute 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. MOTION: Council Member Moore MOVED for adoption of Substitute Ordinance No. 2423 -2009 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. Roy Espy, 403 McCollum Drive, Kenai Spoke in opposition to the ordinance, noting concern the city prepared information may not be unbiased. Kellie Kelso, 117 Walker Lane, Kenai Mayor Porter read the email transmission into the record (suggestion a bi- partisan team be appointed to draft the verbiage for the information to better ensure the information be unbiased). Becky Espy, 903 Magic Avenue, Kenai Spoke in opposition to the ordinance and offered options. Pat Falkenberg, 399 McCollum Drive, Kenai Spoke in opposition to the ordinance and suggested a information statement from both the city and citizens be provided. Mark Schrag, 312 Princess Drive, Kenai Spoke in opposition to the ordinance and asked what could be done to make the rezone go away. With no other public wishing to speak, the public hearing was closed. Council /administration comments included: The ordinance would appropriate funding, however the city manager would still be required to bring the proposed literature to council for approval, which would include public comment. The verbiage "influence the outcome of a ballot proposition" was from the state statute and the interpretation of the Alaska Public Offices Commission (APOC). According to the statute, a special appropriation must be made to use for providing the information. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 7 Support of the appropriation if the information would include a statements for and against in the information. Support of the ordinance, but opposed to council advocating a position. Concern for spending tax dollars of people who signed the petition. MOTION TO AMEND: Council Member Boyle MOVED to amend Ordinance No. 2423 -2009 (substitute) to have a committee be formed to develop and insure the presentation of information that is factual and unbiased, including members from the Planning Zoning Commission, from the planning department and a number of citizens of the City of Kenai that would include members from people developing the proposition. Council Member Molloy SECONDED the motion. Council /administration comments included: Integrity of the election needed to be kept with care given to the composition of the committee. The City Clerk, Planning Director and planning department representation should be excluded. Diverse input was taken through the council meetings and Planning Zoning Commission and changes were made to satisfy some of the concerns of the public. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Molloy Yes Smalley Yes Ross No MOTION FAILED. VOTE: *Student Representative Johnson: No Molloy No Boyle No Porter Yes Smalley No Moore Yes Eldridge Yes Ross Yes MOTION PASSED. Boyle Yes Moore No No Porter Eldridge KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 8 BREAK TAKEN: 8:30 P.M. BACK TO ORDER: 8:42 P.M. D -6. Resolution No. 2009 -40 Approving the Purchase of Three Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing. MOTION: Council Member Smalley MOVED to adopt Resolution No. 2009 -40 and requested UNANIMOUS CONSENT. 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. There were no council comments. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2009 -41 Supporting the "Preserving the American Historical Records" Bill (H.R. 2256). MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009 -41 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing is closed. Administration comments included review of information included in the memorandum included in the packet, noting the bill, if passed would provide funding for preserving public records which could be acquired through grants. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2009 -42 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, Directing Items on Attachment A be Sold as Allowed in Kenai Municipal Code 7.15.060, and the Four -Story Fire Training Building Located at 400 Marathon Road May Be Sold by a Broker. MOTION: KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 9 Council Member Eldridge MOVED to adopt Resolution No. 2009 -42 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. A brief explanation of the process was provided by the city manager, noting a minimum bid would be required on some items, if a bid is not received on an item, it then could be sold on the internet. VOTE: There were no objections. SO ORDERED. D -9. Resolution No. 2009 -43 Awarding a Contract to Oshkosh Corporation for a Striker 3,000 Gallon Aircraft Rescue and Fire Fighting Vehicle for the Total Amount of $888,081 FOB Kenai. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2009 -43 and 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: *Student Representative Johnson: Yes Molloy Yes Boyle Smalley Yes Moore Ross Yes MOTION PASSED UNANIMOUSLY. MOTION: Yes Porter Yes Yes Eldridge Yes D -10. Resolution No. 2009 -44 Transferring $281,935 in the Wellhouse 4 Capital Project Fund for Additional Engineering Services. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 10 Council Member Eldridge MOVED to adopt Resolution No. 2009 -44 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. It was noted, the funding would be used to complete the design of the transmission line down Lawton Drive to Well House No. 2. VOTE: There were no objections. SO ORDERED. D -11. MOTION: Resolution No. 2009 -45 Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, New Water Transmission Mains (Phase II), Well House, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2011. Council Member Molloy MOVED to adopt Resolution No. 2009 -45, the substitute 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 public comments. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of July 1, 2009 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 11 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 for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2424 -2009 Increasing Estimated Revenues and Appropriations by $426.25 in the General Fund for the Police Department to Purchase a New Glock Duty Pistol From Asset Forfeiture funds Provided to the City of Kenai. Introduced by approval of consent agenda. G -4. Ordinance No. 2425 -2009 Enacting KMC 14.20.255 Establishing a Process for the Regulation and Placement of Communications Towers Within the City of Kenai and Amending the Land Use Table in KMC 14.22.010 to Provide that Communications Towers are a Conditional Use in the Rural Residential (RR) and Central Mixed Use (CMU) Zones. Introduced by approval of consent agenda. G -5. Ordinance No. 2426 -2009 Increasing Estimated Revenues and Appropriations by $2,281.00 for a City Clerk Pay and Benefits Increase in Excess of Originally Budgeted Amounts. Introduced by approval of consent agenda. G -6. Approval Amended Employment Agreement Between City of Kenai and Rick Koch. MOTION: KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 12 Council Member Eldridge MOVED to approve the amended employment agreement between Rick Koch and the City of Kenai and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -7. Discussion Airport Fuel Flowage Fee Council /administration comments included: Not in favor of bulk fuel flowage fee; did not want to charge wharfage on anything else. Need to look at what competition is beyond Anchorage, Juneau, etc. Did not support fuel flowage fee; supports wing tank; and, need to do development of airport properties for leasing. Did not support the fee, but would rather debate development of lease lots. MOTION: Did not support the fee as it singled out one type of operation. Council Member Eldridge MOVED to direct administration to change the fuel flowage fee to leave it at two cents for wing tank and eliminate the fee for bulk fuel. Council Member Molloy SECONDED the motion. It was noted, the change would be processed through an ordinance to amend the code. VOTE: *Student Representative Johnson: Yes Molloy Yes Smalley Yes Ross Yes Boyle No Porter Yes Moore Yes Eldridge Yes MOTION PASSED. G-8. Discussion Salary Adjustment /City Clerk. MOTION: KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 13 Council Member Smalley MOVED to increase the salary of the City Clerk with a 4.5% Cost of Living Allowance plus a 2.5% merit increase, for a total of 7 Council Member Molloy SECONDED the motion. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Smalley Yes Moore Yes Ross Yes Porter Eldridge Yes Yes MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Molloy reported he attended the July meeting and provided a brief report of discussions held. H -2. Airport Commission Council Member Eldridge reported on the July 9 meeting, noting the Commission recommended approval of minimum standards for the airport, which would come before council. H -3. Harbor Commission Council Member Smalley reported the July meeting was cancelled. The next meeting was scheduled to be held August 10, 2009. 11-4. Library Commission Council Member Boyle reported the July meeting was cancelled. H -5. Parks Recreation Commission Council Member Moore reported a quorum was not available for the July 2, 2009 meeting. 11-6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the July 8, 2009 meeting, which were included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reported a quorum was not available for the July 14, 2009 meeitng. H -7b. Alaska Municipal League Report Council Member Smalley noted the summer legislative meeting would be held in Palmer August 12 -14; the AML /JIA annual board meeting would be held in Soldotna July 29 -31; and, the annual AML conference would be held in Anchorage in November. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 14 H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reported the next meeting was scheduled for July 16, 2009. H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting was scheduled for July 29, 2009. H -7f. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on issues and actions taken at the July 7, 2009 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following items: Represented the City of Kenai at the Kenai Classic, the Nikiski No. 2 Fire Station groundbreaking; and, the Fourth of July Parade. Attended the July 7, 2009 Assembly meeting to hear a presentation made by Charles Winegarden related to the rezoning issue. Represented the city at the BP company picnic and attended the 2009 All -Star Little League Tournament. Recommended the city purchase a tree and plaque at Memorial Park for George Navarre and Eily DeForest. MOTION: Council Member Smalley MOVED to direct the city purchase tree and plaques for George Navarre and Emily DeForest and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There were no objections. SO ORDERED. A request was made to bring two resolutions forward for presentation to family members. Requested a podium be designed for the chambers to allow the public a choice of either sitting or standing when giving presentations or comment. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manger Koch reported the following: KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 15 He would be preparing transportation projects to forward to Senator Begich, including reconstruction of Beaver Loop Road and expansion of Spur Highway between Kenai and Soldotna. Met with Murkowski staff member and discussed the bluff erosion project at length. The Legislature would hold a special session on August 10 related to the possible vote to override the Governor's rejection of energy money. If the override succeeds, he would submit projects for the city. He met with members of the congressional staff for Senator Begich and Murkowski. Reviewed data provided to council related to grant funded projects of the city. Reported the Sports Dome Committee would be discussing several items at its next meeting and would be wanting a recommendation related to the reshaping of the service area and whether to make a site selection before or after the election. He requested direction from council. Council had no objection to the city not taking a position. Stated the Parks Recreation Director and employees were doing a great job in summer maintenance work. Provided an update of dip net fishery activity. Concern was expressed related to whether additional Parks employees were needed and noted the issue should be discussed at budget time J -2. Attorney City Attorney Graves reported the following: The Airport Commission recommended approval of minimum standards for the airport and the issue would be brought forward in the next packet for council's consideration. He was working on planning issues and developing ordinances related to wind turbines, retention basins, and tattoo parlors in the Townsite Historic zone. J -3. City Clerk City Clerk Freas reported the following: She met with other clerks of the Borough earlier in the day to discuss and prepare for the October election. ITEM K: DISCUSSION K -1. Citizens (five minutes) Mark Schrag, 312 Princess Street, Kenai Requested clarification on an earlier comment related to public asking questions of council or administration during public comment. Commented on an earlier statement related to misinformation provided to the public about the rezoning issue. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 16 Bob Peters, Old Town, Kenai Commented he believed public should speak after the council comments; complimented the city manager for his work; thought it was important for the city to hold on to the Peninsula Avenue properties; and, public use is "saving the bluff." K -2. Council Smalley Was informed earlier in the day, a 72 pound king salmon had been caught within the waters of the City of Kenai. Moore No comments. Eldridge No comments. Johnson No comments. Ross Questioned whether a park was in the development plan for the Magic Avenue area. Koch stated it would be a component, noting a cul -de -sac could be put on to Magic Avenue where access goes into the fire training facility and needs would be defined when doing the subdivision design. Molloy Stated concern there would be adequate staff in the EMT with the Wal- Mart facility coming on. Attended the Borough Assembly meeting to list to the Winegarden presentation and suggested the city needed to begin a Comprehensive Plan review process. Koch noted administration had requested funding from the Borough some time ago. Boyle Complimented the employees handling the dip net fishery activity. Requested a concrete plan for developing a tent camping area in the city. Porter Asked if selling perfumes, etc. from a home would need a Home Occupation Permit. Attorney Graves noted, there were probably many people selling products from their home, but without them coming to the city, there was no way to make a determination. 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). KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 17 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 Personnel Issue and Financial Matter of the City. MOTION: Council Member Ross MOVED to convent in an executive session of the council of the City of Kenai, concerning a personnel matter that could prejudice the reputation and character of another and a financial matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Council Member Molloy SECONDED the motion. VOTE: Molloy Yes Smalley Yes Ross Yes Boyle Moore MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: 9:50 P.M. BACK TO ORDER: 10:55 P.M. Yes Yes Porter Eldridge Yes Yes Council Member Ross reported the council met in an executive session to discuss an economic issue and gave direction to the city manager. They also met with City Attorney Graves who would receive a 4.5% Cost of Living Allowance increase. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 18 ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:57 p.m. 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. APPROVED !T COUNCR VS/09 0*11