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HomeMy WebLinkAbout2009-10-07 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING OCTOBER 7, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www.ci.kenai.ak.us 1 Pledge of Ailegiance 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. Stacia D. Rustad, Athletic Director, Kenai Central High School Athletic Booster Club /Spirit Flags and Calendar Program. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2441 -2009 Declaring that 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. 2442 -2009 Increasing Estimated Revenues and Appropriations by $108,656 in the General Fund for Upgrade of the Dispatch Center and Pass Through Funds to the Cities of Soldotna and Homer. 3. Ordinance No. 2443 -2009 Increasing Estimated Revenues and Appropriations by $2,517.77 in the Airport Fund Training Facility, Repair and Maintenance for Major Maintenance on the Facility's Emergency Breathing System Compressor. 4. Ordinance No. 2444 -2009 Increasing Estimated Revenues and Appropriations by $46,651 in the General Fund for the Purchase of In- Car Video Cameras and Portable Breath Test Instruments Made Possible Through an Alaska Highway Safety Office Equipment Grant. ITEM E: MINUTES 1. *Regular Meeting of September 16, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2445 -2009 Declaring Kenai Senior Center Dining Room Chairs Surplus and Obsolete and Authorizing Disposal by Donation. 4. *Ordinance No. 2446 -2009 Increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska Department of Environmental Conservation Alaska Clean Water Fund. 5. *Ordinance No. 2447 -2009 Increasing Estimated Revenues and Appropriations by S62,000 in the Dune Rehabilitation Conservation Capital Project Fund for Installation of Protective Fencing Around Dune Habitat at the South Shore Mouth of the Kenai River. 6. *Ordinance No. 2448 -2009 Increasing Estimated Revenues and Appropriations by $50,000 in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 7. *Ordinance No. 2449 -2009 Increasing Estimated Revenues and Appropriations by $26,000 in the General and Kenai Avenue Properties Capital Project Fund for Clearing of the Properties in Preparation for the Kenai Bluff Erosion Project. 8. *Ordinance No. 2450 -2009 Increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska Department of Environmental Conservation Alaska Drinking Water Fund. 9. *Ordinance No. 2451 -2009 Increasing Estimated Revenues and Appropriations by $2,000,000 in the Kenai Bluff Stabilization Capital Projects Fund for a Grant Received From the State of Alaska Department of Commerce and Community and Economic Development. 10. Approval Submission of Resolutions to Alaska Conference of Mayors and Alaska Municipal League /Smoking in Places of Employment. 11. Discussion Rescheduling November 18, 2009 Council Meeting 12. Discussion Kenai Convention Visitors Bureau /Visitor Guide Funding 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. 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 Financial Matter and Legal Advice on Pending Liti gation Matter ITEM M: ADJOURNMENT Barry Eldridge Rick Ross, Vice Mayor Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley Joe Moore ITEM A: CALL TO ORDER A -2. ROLL CALL The City Clerk took roll. Present were: A quorum was present. VOTE: KENAI CITY COUNCIL REGULAR MEETING OCTOBER 7, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING VOTE: There were no objections. SO ORDERED. A -4 CONSENT AGENDA MOTION: 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. Student Representative Maya Johnson: Present A -3. AGENDA APPROVAL MOTION: Council Member Smalley MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 2 There were no objections. SO ORDERED. Mayor Porter presented an inscribed clock to Council Member Ross to thank him for his years of service to the city as a police officer, police chief, city manager, and council member. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Stacia D. Rustad, Athletic Director, Kenai Central High School Athletic Booster Club /Spirit Flags and Calendar Program. Ms. Rustad, P 0 Box 2596, Kenai Rustad discussed a new program begun at the high school to encourage community support of the sports program and the students involved in sporting activities. Ken Felchle, 24760 Silverweed, Soldotna Spoke further of the program and noted the sale of Kenai Kardinal flags as a part of the support program. Ken Roser, 40255 Frogberry Street, Kenai Spoke further of the support program, noting they were hoping to get businesses, service organizations, Chambers, etc. involved in the program. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Tim Navarre, 608 Ponderosa, Kenai Congratulated all on their election and for running positive campaigns. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. MOTION: Ordinance No. 2441 -2009 Declaring that 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. Council Member Smalley MOVED for approval of Ordinance No. 2441 -2009 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. Eldridge Yes Ross Yes Molloy No Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 3 City Manager Koch reported the owner of record had contacted the City in order to repurchase the properties. Administration recommended council move forward with the consideration of the ordinance in the event there were any problems in the r If there were no problems, if council passed the ordinance, the ordinance would become null and void. City Attorney Stearns reviewed statutes and what had transpired to date. She also noted the City was able to recoup costs involved with moving tenants and some of staff time costs. A brief discussion followed related to the burned out building, whether the owner was current with sales tax, and whether to postpone the ordinance until the next council meeting when it would be known if there were problems in the repurchase of the properties. VOTE: *Student Representative Johnson: Yes MOTION PASSED. D -2. Ordinance No. 2442 -2009 Increasing Estimated Revenues and Appropriations by $108,656 in the General Fund for Upgrade of the Dispatch Center and Pass Through Funds to the Cities of Soldotna and Homer. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2442 -2009 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 Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 4 Moore I Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2443 2009 ww I.ncreasing Estimated Revenues and Appropriations by $2,517.77 in the Airport Fund Training Facility, Repair and Maintenance for Major Maintenance on the Facility's Emergency Breathing System Compressor. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2443 -2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. With no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2444 -2009 Increasing Estimated Revenues and Appropriations by $46,651 in the General Fund for the Purchase of In- Car Video Cameras and Portable Breath Test Instruments Made Possible Through an Alaska Highway Safety Office Equipment Grant. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2444 -2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. With no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Johnson: Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 5 MOTION PASSED UNANIMOUSLY. ITEM E: E -1. agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS 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 $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: MINUTES Regular Meeting of September 16, 2009 Approved by consent There were no objections. SO ORDERED. G -3. Ordinance No. 2445 -2009 Declaring Kenai Senior Center Dining Room Chairs Surplus and Obsolete and Authorizing Disposal by Donation. Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 6 G -4. Ordinance No. 2446 -2009 Increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska Department of Environmental Conservation Alaska Clean Water Fund. Introduced by approval of consent agenda. G -5. Ordinance No. 2447 -2009 Increasing Estimated Revenues and Appropriations by $62,000 in the Dune Rehabilitation Conservation Capital Project Fund for Installation of Protective Fencing Around Dune Habitat at the South Shore Mouth of the Kenai River. Introduced by approval of consent agenda. G -6. Ordinance No. 2448 -2009 Increasing Estimated Revenues and Appropriations by $50,000 in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. Introduced by approval of consent agenda. G -7. Ordinance No. 2449 -2009 Increasing Estimated Revenues and Appropriations by $26,000 in the General and Kenai Avenue Properties Capital Project Fund for Clearing of the Properties in Preparation for the Kenai Bluff Erosion Project. Introduced by approval of consent agenda. G -8. Ordinance No. 2450 -2009 Increasing Estimated Revenues and Appropriations in the Water and Sewer and Bridge Access Water and Sewer Extension Capital Projects Fund as Proceeds From the Alaska Department of Environmental Conservation Alaska Drinking Water Fund. Introduced by approval of consent agenda. G -9. Ordinance No. 2451 -2009 Increasing Estimated Revenues and Appropriations by $2,000,000 in the Kenai Bluff Stabilization Capital Projects Fund for a Grant Received From the State of Alaska Department of Commerce and Community and Economic Development. Introduced by approval of consent agenda. Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes 1 Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 7 G -10. Approval Submission of Resolutions to Alaska Conference of Mayors and Alaska Municipal League /Smoking in Places of Employment. MOTION: Council Member Eldridge MOVED to authorize submission of the resolutions requesting the State of Alaska to amend the Alaska Statutes in order to expand and broaden the regulation on smoking in places of employment to the Alaska Conference of Mayors and the Alaska Municipal League. Council Member Smalley SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the resolutions adding a whereas after the ninth whereas to state: "Whereas, the Cities of Unalaska, Juneau, and Anchorage have passed ordinances regulating smoking in public and private places of employment; and," Council Member Smalley SECONDED the motion. It was noted, the resolutions did not request a total ban of smoking, but were requesting the Legislature to investigate the issue and consider a broader statutory scheme. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. G -11. Discussion Rescheduling November 18, 2009 Council Meeting KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 8 Due to members attending the AML Conference during the week of November 18, Council rescheduled the November 18, 2009 council meeting to November 24, 2009. G 12. Discussion Kenai Convention Visitors Bureau /Visitor Guide Funding It was noted, funding ($10,000) was included in the FY10 budget as a placeholder for purchasing pages in the Visitor Center's guide, however a request for funding was to be brought to council for consideration. The Visitors Center was moving forward with the new year's guide and had forwarded a bill for $10,000. Info, niation related to the billing, information to be included, etc. was requested by administration to review before making its recommendation to council. The requested information had not yet been provided. A brief discussion followed with comments including: The City purchased four pages for S5,000 last year and understood this year, eight pages would be purchased for $10,000. The administration /council should see what would be purchased for the $10,000. A resolution should be prepared for inclusion in the next meeting agenda for $10,000 and council could then could consider amendments. The requested information should be provided to administration and council for review. Council directed a resolution for consideration be prepared for a $10,000 purchase. ITEM H: COMMISSION /COMMITTEE REPORTS 11 Council on Aging Council Member Ross reported the next meeting was scheduled to be held October 15, 2009. H -2. Airport Commission Meeting cancelled H 3. Harbor Commission Council member Smalley reported the next meeting was scheduled to be held October 12, 2009. H 4. Library Commission Council Member Boyle reported on the meeting held October 5, 2009. H 5. Parks Recreation Commission Council Member Moore reported on the meeting held October 1, 2009 and noted, the meeting summary was included in the packet. KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 9 H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the September 23, 2009 meeting which were included in the packet. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley noted the annual meeting would be held in Anchorage the week of November 16 and urged council members to attend. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge noted the September 17, 2009 meeting summary was included in the packet for review. H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting was scheduled to be held October 12, 2009. H -7f. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported the next meeting was scheduled to be held October 13, 2009. ITEM I: REPORT OF THE MAYOR Mayor Porter noted she had represented the City at the Peninsula Historical Society annual meeting, Library 60t birthday party, the Kenai Fine Arts auction, the Marathon Race, and homecoming at the high school. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch noted the following items: He would provide the City Clerk with information for the October 13, 2009 work session related to the development of the Capital Improvement Projects List. He had spoken with Senator Murkowski staff related to the Energy Waters bill. Received a letter from Governor Parnell stating his strong support of the project. He would be attending the AML Conference in November. Former employee Kim Howard, was hired as Senator Begich's local staff. He would be out of the office from October 24 to November 7, 2009 on e. He would be attending an executive Compensation Committee meeting in weeks. Reminded all of the Alumni Hockey Game scheduled for December 19. bluff erosion s personal leav the next few s KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 10 He had completed interviewing applications for the Project Manager position and would make a determination in the next week. The Governor was reviewing items to include in a supplemental appropriations bill. He was not aware of anything to submit, but requested council members to contact him if there were suggestions. Porter noted the request to allow Planning Zoning Commission members to travel to Anchorage to attend the Alaska Planners training prior to the AML Conference. Council had no objections to allow the travel. J -2. Attorney City Attorney Stearns reported the following: She attended an airport conference which was very informative and helpful. Attended her first traffic court during the week. She would be attending the Alaska Association of Municipal Attorneys prior to the AML Conference in November. J City Clerk City Clerk Freas noted the following: The program for public access to records from the City's webpage was progressing well and should be available to the public in the near future. Absentee, questioned, and personal needs ballots would be reviewed on Tuesday, October 13 by the Canvass Board. Certification of the election would be scheduled for the October 21, 2009 council meeting. ITEM K: DISCUSSION K -1. Citizens (five minutes) Ryan Marquis, 305 Linwood Lane, Kenai Thanked Council Member Ross for his years of service to the city and he was looking forward to working with council if the election results held. K -2. Council Porter Mayor Porter noted the application of Sharon Harris for appointment to the Library Commission. Porter stated she would meet with Harris prior to the next council meeting and requested the application be included again in the next packet. Boyle Congratulated Marquis and thanked Ross for his service to the City. Molloy Stated he appreciated the comments of Navarre and Marquis, they were good campaigns, he looked forward to working with Marquis, and thanked Ross for his service. KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 11 Ross Stated he appreciated working with the council, though they sometimes had different views, they set a good example how to work together and hopefully that forwarded to the audience. Johnson Stated she would miss Ross and congratulated Molloy and Marquis. Eldridge Stated he was happy to be home from his trip and congratulated Molloy and Marquis. Moore Congratulated Molloy, stated his agreement with the compliments to Ross as he was a role model to him, and he encouraged Marquis to look to Ross as a role model for him as well. Smalley Congratulated Molloy and Marquis. Stated he would be gone from October 14 -25, 2009 and would miss the October 21, 2009 meeting. Requested the election of Vice Mayor be postponed to the November 4, 2009 council meeting. Council stated no objections. 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 I) to Limited Commercial (LC). 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 Financial Matter and Legal Advice on Pending Litigation Matter MOTION: Council Member Ross MOVED to convene in an executive session of the Council of the City of Kenai, concerning a financial matter and legal advice on pending litigation which, the immediate knowledge of which, could clearly have an adverse effect upon the finances of the City of Kenai. Council Member Molloy SECONDED the motion. VOTE: Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING OCTOBER 7, 2009 PAGE 12 MOTION PASSED UNANIMOUSLY. City Manager Koch and City Attorney Stearns were requested to attend the executive session. EXECUTIVE SESSION: 8:20 P.M. BACK TO ORDER: 9:35 P.M. Council Member Ross reported the council met in an executive session with City Manager Koch and discussed two financial matters and gave him direction. The council also met with City Attorney Stearns on a pending litigation matter and council requested advice from the City Attorney. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:40 p.m. Minutes submitted by: OVED BY COUNCIL 0 a r 0 4 7 e 1 4cfi Carol L. Freas, City Clerk CATE OTT CUSS atlez *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.