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HomeMy WebLinkAbout2009-09-16 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. 2. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by S5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. 3. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers. Along the Front of the Vintage Pointe Housing Facility. 4. Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 5. Resolution No. 2009 -57 Awarding the Bid to Floor Center, LLC for Kenai Fire Department Flooring Replacement 2009 for the Total Amount of $22,375.00. 6. Resolution No. 2009 -58 Confirming the Assessment Roll on the South Ames Road LID Street Improvement Special Assessment District. 7. Resolution No. 2009 -59 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Drinking Water Fund for Water System Improvements. 8. Resolution No. 2009 -60 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund for the Construction of a Wastewater Treatment Project. ITEM E: MINUTES 1. *Regular Meeting of September 2, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *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. 4. *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. 5. *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. 6. *Ordinance No. 2444 -2009 Increasing Estimated Revenues and Appropriations by S46,651 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. 7. Approval Agreement for Services /Vintage Pointe Caretaker 8. Approval Easement for State Communications Tower /Homer Electric Association, Inc. 9. Approval City of Kenai Pandemic Flu Emergency Response Plan 10. Discussion Schedule Board of Adjustment Hearing 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 None Scheduled ITEM M: ADJOURNMENT J oe Moore Bar Eldrid„e tele.honic Mike Boyle Rick Ross, Vice Mayor Pat Porter, Mayo Robert Molloy Hal Smalley ITEM A- CALL TO ORDER A -2. The City Clerk took roll. Present were: VOTE: KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING 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. ROLL CALL A quorum was present. Also present: Student Representative Maya Johnson A 3. AGENDA APPROVAL The following changes were requested: ADD AS: Item D 7a Substitute Resolution No. 2009 59 with R. Koch memorandum of explanation. ADD AS: Item D -8a Substitute Resolution No. 2009 -60 MOTION: Council Member Smalley MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. MINUTES KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: None. ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) Jim Dawson, KCHS Football Coach Introduced captains of the 2009 Kenai Central High School football team and noted homecoming would be held September 26; currently the football team was undefeated; and, thanked all for support of the football team Nick Miller, Ames Road, Kenai Spoke in support of the South Ames Road paving project and thanked the council and administration for its participation. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. MOTION: Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by S938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. Council Member Smalley MOVED for adoption of Ordinance No. 2436 -2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: Student Representative Johnson: Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 3 MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2437 -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. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by 518,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2438 -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. Moore Yes Eldridge Yes Ross Yes Mollo 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 Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 4 VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -4. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2439 -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. MOTION TO AMEND: Council Member Smalley MOVED to amend deleting the word "Clerk" and replace it with "City Manager" after "Increase Appropriations." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 5 Smalley Yes MOTION PASSED UNANIMOUSLY. D 5. Resolution No. 2009 57 Awarding the Bid to Floor Center, LLC for Kenai Fire Department Flooring Replacement 2009 for the Total Amount of 522,375.00. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009 -57 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D 6. Resolution No. 2009 58 Confirming the Assessment Roll on the South Ames Road LID Street Improvement Special Assessment District. MOTION: Council Member Smalley MOVED for the adoption of Resolution No. 2009 -58 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D 7. Resolution No. 2009 59 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Drinking Water Fund for Water System Improvements. MOTION: Council member Molloy MOVED to adopt Resolution No. 2009 -59, the substitute. Council Member Smalley SECONDED the motion. Moore ECIMMII Eldrid:e Yes Ross Mollo IMIM Bo le Yes Porter Smalle 111 KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 6 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -8. Resolution No. 2009 -60 Authorizing the City Manager to Apply to the Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund for the Construction of a Wastewater Treatment Project. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009 -60, the Substitute and 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. Council Member Ross requested the record reflect the paperwork was designed as a loan as noted in the city manager's memorandum. However, because the City would be prepaying the portion not forgiven, it would in effect, make it a grant to the City and not a loan. Council Member Smalley requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. Regular Meeting of September 2, 2009 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 7 MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIM_OIJS 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 515,000 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. 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. Introduction approved by consent agenda. G -4. 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. Introduction approved by consent agenda. G -5. 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. Introduction approved by consent agenda. Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 8 G -6. 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. Introduction approved by consent agenda. G -7. Approval Agreement for Services /Vintage Pointe Caretaker MOTION: Council Member Molloy MOVED the City of Kenai enter into a facilities management agreement which is substantially similar to the proposed Agreement for Services with William Sadler and authorize the City Manager to sign such an agreement on behalf of the City. Council Member Smalley SECONDED the motion. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. G -8. Approval Easement for State Communications Tower /Homer Electric Association, Inc. MOTION: Council Member Molloy MOVED that the easement area near the Beacon Building described in the Utility Easement to Homer Electric Association, Inc. is not needed for a public purpose and authorize the City Manager to grant the easement on behalf of the City. Council Member Ross SECONDED the motion. VOTE: Student Representative Johnson: Yes Moore 1 Yes I Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 9 Smalley Yes MOTION PASSED UNANIMOUSLY. G -9. Approval City of Kenai Pandemic Flu Emergency Response Plan MOTION: Council Member Smalley MOVED for approval of the Pandemic Flu Emergency Response Plan and Council Member Molloy SECONDED the motion. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. G -10. Discussion Schedule Board of Adjustment Hearing Council scheduled the Board of Adjustment hearing for October 5, 2009, and to begin at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Ross reported the September meeting had been canceled and he would be absent from the October meeting. H -2. Airport Commission Council Member Moore reported on items discussed at the September 10, 2009 Commission meeting. H -3. Harbor Commission Council Member Smalley reviewed discussions held at the September 14, 2009 Commission meeting. H -4. Library Commission No meeting. H -5. Parks Recreation Commission Council Member Moore reported the next meeting would be held October 1, 2009. KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 10 Planning Zoning Commission Council Member Molloy reviewed the September 9, 2009 Commission meeting minutes which were included in the packet. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter noted the September 8, 2009 meeting summary was included in the packet for review. H -7b. Alaska Municipal League Report No meeting. H -7c. Mini -Grant Steering Committee No meeting. 11-7d. Advisory Cemetery Committee Council Member Eldridge reported the next meeting would be held on September 17, 2009. H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting was scheduled for September 28, 2009. H -7f. Reports of KPB Assembly, Legislators and Councils Council Member Smalley reviewed discussions and actions taken at the September 15, 2009 Borough Assembly Meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the thank -you letter included in the packet from Emily DeForest's family and that she and Council Member Smalley would be submitting resolutions related to statewide smoking legislation to the Alaska Conference of Mayors and Alaska Municipal League for consideration at the November conferences. ITEM J: ADMINISTRATION REPORTS J -1. City Manager No report. Mayor Porter suggested a plan be developed and be in place for Marathon Lake to begin in the spring. J -2. Attorney No report. J -3. City Clerk Clerk Freas reminded council and the audience that absentee voting would begin September 21, 2009. ITEM K: DISCUSSION K -1. Citizens (five minutes) None. K -2. Council Smalley No comments. KENAI CITY COUNCIL MEETING SEPTEMBER 16, 2009 PAGE 11 Moore Noted he was pleased with the landscaping being completed around the new Wal -Mart building. Johnson Reported on upcoming events at Kenai Central High School. Ross No comments. Molloy Thanked staff for the back -up memorandums included in the packet. Boyle No comments. 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 None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 7:39 p.m. Minutes submitted by: as 8Y C7UNCil. 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.