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HomeMy WebLinkAbout2009-12-02 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 2, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS littp://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) i. Brian Meissner, ECI /flyer Architects Library Expansion 2. John Bost, Mikunda, Cottrell and Company Comprehensive Annual Financial Report 3. Sal Mattero, Friends of the Kenai Community Library Check Presentation for the Building Expansion Fund. 4. Natasha Ala Laura Forbes, Kenai Convention Visitor Center Performance Management Survey /Association of State Local Histories ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime 2. Ordinance No. 2457 -2009 Increasing Estimated Revenues and Appropriations by $8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed. Unexpectedly. 3. Ordinance No. 2458 -2009 Increasing Estimated Revenues and Appropriations by $825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council. 4. Resolution No. 2009 -67 Authorizing the City Manager to Enter into a Vending Machine Concession Agreement for the Kenai Municipal Airport and Alaska Fire Training Facility. 5. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. 6. Resolution No. 2009 -69 Authorizing Amendment of the Kenai Community Library Policies to Adopt Rules Regarding In- Library Laptop Loans. 7. *APPROVAL OF LIQUOR LICENSE RENEWALS Uptown Motel /Back Door Lounge #2237 (Beverage Dispensary Tourism /Duplicate) Uptown Motel /Louie's #1859 (Beverage Dispensary Tourism) ITEM E: MINUTES 1. *Regular Meeting of November 24, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2459 -2009 Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. 4. Approval Extension of Construction Schedule /Lot 14, Block 1, Cook Inlet Industrial Air Park Subdivision Currently Leased to David and Michael Schilling d /b /a Schilling Rentals. 5. Approval Utility Easement to Homer Electric Association, Inc. Fiber Optic Cable Placement /Ten Foot Wide Strip of Land Situated Within Tract A -1 -B, Baron Park Subdivision Fire Addition. 6. 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. Kenai Convention Visitors Bureau e. 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. 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 Hal Smalley, Vice Mayor Joe Moore Barry Eldridge Ryan Marquis Robert Molloy (telephonic) Mike Boyle ITEM A• CALL. TO ORDER Vice Mayor Smalley 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 Vice Mayor Smalley led those assembled in the Pledge of Allegiance. A -2. The City Clerk took roll. Present were: Absent was: Pat Porter, Mayor A quorum was present. Also present Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: ADD TO: Item D -4, Resolution No. 2009 -67, M. Bondurant memorandum Recommending Tyler Distributing Company, Inc. bid. MOTION TO AMEND: Council Member Molloy MOVED to remove the November 24, 2009 meeting minutes from the consent agenda and place them on the regular agenda. Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: KENAI CITY COUNCIL REGULAR MEETING DECEMBER 2, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us VICE MAYOR HAL SMALLEY, PRESIDING ROLL CALL MINUTES Council Member Eldridge requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 2 MOTION: Council Member Eldridge MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Brian Meissner, ECI /Hyer Architects Library Expansion Meissner reviewed the updated library expansion project plans, noting the development of the construction documents was moving forward with a planned completion date of March 9, 2010. The project would hopefully be put out to bid on March 10; bid award date would follow in mid -May; completion date of the addition in May, 2011; and, remodel of the current building completed by September, 2011. B -2. John Bost, Mikunda, Cottrell and Company Comprehensive Annual Financial Report John Bost, Mikunda Cottrell and Company, 3601 C Street, Suite 600, Anchorage, AK Bost distributed a copy of the Report to the City Council which, he explained was required by law, and summarized matters required by professional standards. Bost also reviewed the Federal and State Single Audit Reports and the Comprehensive Annual Financial Report, included with the council's packets. Bost noted the auditor's opinions were clean and the city was in great shape. B -3. Sal Mattero, Friends of the Kenai Community Library Check Presentation for the Building Expansion Fund. Sal Mattero, 1315 Chinook Drive, Kenai Mattero introduced himself as a representing the Friends of the Kenai Community Library and presented administration with a check for 560,000 toward the building expansion fund. KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 3 B -4. Natasha Ala Laura Forbes, Kenai Convention Visitor Center Performance Management Survey /Association of State Local Histories. Natasha Ala Laura Forbes, Kenai Convention Visitor Bureau, 11471 Kenai Spur Highway, Kenai Ala and Forbes reviewed the results of the Alaska State Museum Survey which included the program outline, executive overview, benchmarks/ strengths, opportunities for improvement, key drivers, goals, etc. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) C -1. Jim Butler, 1711 Kaknu Way, Kenai Butler discussed development and potential consequences to the City related to the identification of the Cook Inlet Beluga Whale Critical Habitat Area. Butler urged council to become educated and believed it very important the City submit written comments requesting the City of Kenai be excluded from the critical habitat area by the end of January as he believed the area identification could impact the bluff erosion project, fish canneries and waste water treatment permit renewals. MOTION: Council Member Eldridge MOVED to direct Administration to gather information and research as to what should be done, including getting necessary expertise needed to prepare written comments for submittal. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. Ordinance No. 2456 -2009 Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2456 -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 Porter Absent IMMIll Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Absent Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 4 MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2457-2009 increasing Estimated Revenues and Appropriations by $8,719.15 in the General Fund for Repairs Made to the Departments Police Records Managements System that Failed Unexpectedly. MOTION: Council Member Eldridge MOVED to enact Ordinance No. 2457 -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. There were no council comments. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2458 -2009 Increasing Estimated Revenues and Appropriations by S825.00 in the General Fund for Training funds Provided by the Alaska Police Standards Council. MOTION: Council Member Eldridge MOVED to enact Ordinance No. 2458 -2009 and Council Member Marquis 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 Porter Absent Smalley I Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 5 MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2009 -67 Authorizing the City Manager to Enter into a Vending Machine Concession Agreement for the Kenai Municipal Airport and Alaska Fire Training Facility. MOTION: Council Member Moore MOVED for approval of Resolution No. 2009 -67 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. 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: There were no objections. SO ORDERED. D -5. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009 -68 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. Kate Veh, 34506 Commerce Street, Soldotna Veh congratulated Kenai for passing the wind turbine ordinance and urged passage of Resolution No. 2009 -68. Mark Schrag, 312 Princess Lane, Kenai Spoke in support of Resolution No. 2009- 68. Nadia Daggett, KPARE (renewable energy) Spoke in support of Resolution No. 2009 -68. Andy Long, Kenai Stated he believed people needed to be educated in the science of wind generation and the economics involved. Council comments included: KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 6 Belief Council's approval of the resolution very important Kenai Peninsula Borough adopted its resolution in September (Borough's energy study identifies impacts of climate change to the Borough and its industries). MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2009 -68 to the December 16, 2009 council meeting in order to hold a second public hearing. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. D -6. MOTION: Resolution No. 2009 -69 Authorizing Amendment of the Kenai Community Library Policies to Adopt Rules Regarding In- Library Laptop Loans. Council Member Marquis MOVED to adopt Resolution No. 2009 -69. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. Mark Schrag, 312 Princess Lane, Kenai Stated his concerns with the user's assuming any and all liability for replacement or repair due to damages caused by the user. D -7. *APPROVAL OF LIQUOR LICENSE RENEWALS Uptown Motel /Back Door Lounge #2237 (Beverage Dispensary Tourism Duplicate) Uptown Motel /Louie's #1859 (Beverage Dispensary Tourism) Approved by consent agenda. ITEM E: E -1. MOTION: MINUTES Regular Meeting of November 24, 2009 Council Member Molloy MOVED to correct the November 24, 2009 council meeting minutes at Item A -1, amending to read: "Vice Mayor Smalley led those assembled in the Pledge of Allegiance" and to approve the minutes as corrected. Council Member KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 7 Marquis SECONDED the motion. Council Member Molloy requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Eldridge MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2459 -2009 Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. Introduced by approval of the consent agenda. G -4. Approval Extension of Construction Schedule /Lot 14, Block 1, Cook Inlet Industrial Air Park Subdivision Currently Leased to David and Michael Schilling d /b /a Schilling Rentals. City Manager Koch reviewed the information included in the packet and noted the following: KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 8 property. Because there was no other interest expressed for lease of the property, he believed it was in the best interest of the airport to have the City extend the lease. If construction would not take place in a year, the City could then terminate the lease or negotiate for another extension. A question arose of whether the property was located in the Airport Reserve and whether the issue had been reviewed by the Airport Commission. It was noted, the property was not located within the Airport Reserve and the Airport Commission had not reviewed the request for extension because it was not within the Reserve. MOTION: VOTE: The lessees were requesting another year in order to construct on the lot. There had been no other interest shown by another party to lease the Council Member Moore MOVED to send the administrative request to the Airport Commission for its review and comment. Council Member Boyle SECONDED the motion. Council Member Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. It was requested the issue would be placed back on the December 16, 2009 council meeting agenda. BREAK TAKEN: 8:56 P.M. BACK TO ORDER: 9:08 P.M. G -5. MOTION: VOTE: Approval Utility Easement to Homer Electric Association, Inc. Fiber Optic Cable Placement /Ten Foot Wide Strip of Land Situated Within Tract A -1 -B, Baron Park Subdivision Fire Addition. Council Member Molloy MOVED to approve the utility easement to Homer Electric Association, Inc. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. A brief discussion followed related to the City of Kenai being able to connect to the fiber- optics. It was explained, the easement would house a service line to the Fire Training Building and would service that building only, and the city could always attach additional conditions to the easement. KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 9 There were no objections. SO ORDERED. G -6. Discussion Schedule Board of Adjustment Hearing The Board of Adjustment Hearing with regard to the Murrieta appeal was scheduled for January 21, 2010 at 6:00 p.m. in the council chambers. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting was scheduled to be held December 10, 2009. H -2. Airport Commission Council Member Moore reported the next meeting was scheduled to be held December 10, 2009. H -3. Harbor Commission Council Member Smalley reported the next meeting was scheduled to be held December 7, 2009. H -4. Library Commission Council Member Marquis reviewed discussions held at the Library Commission's December 2, 2009 meeting. H -5. Parks Recreation Commission Council Member Boyle reported the next meeting was scheduled to be held January 7, 2010. H -6. Planning Zoning Commission Council Member Molloy reported the next meeting was scheduled to be held December 9, 2009. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No report. H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Vice Mayor Smalley reviewed discussions held at the November 30, 2009 meeting, including the management agreement which would be before council for consideration at its December 16, 2009 meeting. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed discussions and actions taken at the December 1, 2009 Kenai Peninsula Borough Assembly meeting. ITEM I: REPORT OF THE MAYOR No report. KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 10 ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: He, with Vice Mayor Smalley, met with representatives of Trans -Canada to discuss their planned compressed natural gas project. He was finalizing DEC grant paperwork. T I] G. Attorney No report. J -3. City Clerk Clerk Freas noted the following items: The deadline for submitting items to be included in the December 16, 2009 meeting packet was 4:00 p.m., Thursday, December 10, 2009. The search link for webpage access to public records search was being finalized and the contractor would be available the afternoon of December 15, 2009 for review and questions. Reminded council of the December 8, 2009 work session related to the Dip Net Fishery, beach management, use of off -road vehicles in the city. The work session would begin at 6:00 p.m. ITEM K: DISCUSSION K -1. Citizens (five minutes) None. K -2. Council Molloy Thanked the presenters and commended administration for the clean auditor report. Boyle A fundraiser would be held on December 5 for Ivy Howland. Was encouraged by citizens speaking of wind energy and renewable resources; potentials for City projects, and planned to bring information items of alternate forms of energy. Marquis Thanked the presenters and those who testified on the public hearings, as well as the Visitors Center survey results report. Johnson Encouraged all to attend the Saturday fundraiser. Eldridge Congratulated administration for the clean audit report and reminded council members of the group picture to be taken before the December 16 meeting. Moore No report. Smalley Thanked the presenters and the employees working on the streets and decorating the city. KENAI CITY COUNCIL MEETING DECEMBER 2, 2009 PAGE 11 Bank. ITEM L: Reminded all of volunteer opportunities at the Kenai Peninsula Food PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 Vice Mayor Smalley reported the next council meeting would be held December 16, 2009 at 7:00 p.m. There being no further business before the Council, the meeting adjourned at approximately 10:01 p.m. Minutes submitted by: 4 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 BY COUNCt /a //(./o DATE