Loading...
HomeMy WebLinkAbout2010-02-03 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 3, 2010 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) 1. Ryan Huss Oil Runoff /Ryan's Creek ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Resolution No. 2010 -04 Authorizing Amendment of the Regulations of the Kenai Community Library to Eliminate Handling Charges to Borrowers for Replacement of Lost or Damaged Materials. 2. Resolution No. 2010 -05 Authorizing the City to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Provide Funds for the Planning, Designing, Acquiring Property for, and Constructing Library Capital Improvements, Fixing Certain Details of Such Bonds and Authorizing Their Sale. 3. Resolution No. 2010 -06 Designating the City as a Recovery Zone for the Purpose of Issuing Recovery Zone Economic Development Bonds. 4. Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. 5. Resolution No. 2010 -08 Awarding a Contract to Northstar Paving and Construction, Inc. for the Project Entitled Lawton Drive Water Main Extension 2010 for the Total Amount of $619,580.00. 6. *Liquor License Renewals Pizza Hut #9, License #2596 Restaurant /Eating Place Fraternal Order of Eagles #3525, License #337 Club American Legion Post #20, License #1380 Club Upper Deck, License #2993 Beverage Dispensary- Tourism Wal -Mart Supercenter 4474, License #4878 Package Store ITEM E: MINUTES 1. *Regular Meeting of January 6, 2010. 2. *Regular Meeting of January 20, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2462 -2010 Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. 4. *Ordinance No. 2463 -2010 Increasing Estimated Revenues and Appropriations by $7,092.12 in the General Fund for State Traffic Grant Overtime Expenditures. 5. *Ordinance No. 2464 -2010 Increasing Estimated Revenues and Appropriations by $8,524.80 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 6. Approval Fourth Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease /Non Exclusive License to Allow Access to Leased Properties. 7. Approval Arctic Barnabas Ministries Lease Application /Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision. 8. Discussion Schedule Budget Work Sessions 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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days, with a progress report to be given at each council meeting.) Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At its January 20, 2010 meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) EXECUTIVE SESSION Consultation with City Attorney regarding pending litigation and strategy, disclosure of which could have an adverse impact upon the finances of the City. ITEM M: ADJOURNMENT Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor (telephonically) Barry Eldridge ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Council Member Joe Moore was absent. A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: ADD TO: D -2, Resolution No. 2010 -05 Add T. Eubank memorandum, further explaining the sale of voter authorized bonds. ADD TO: D -3, Resolution No. 2010 -06 Add T. Eubank memorandum, further explaining the use of the Recovery Zone Economic Development Bond Program. REMOVE FROM CONSENT AGENDA: Item E -1 and E -2, Minutes of January 6 and January 20, 2010 Kenai City Council Meeting. KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 2 MOTION: Council Member Eldridge MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Molloy 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 Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Ryan Huss Oil Runoff /Ryan's Creek Not present. Mayor Porter and Kenai Police Chief Gus Sandahl announced the promotion of David Ross to Lieutenant, noting the promotion was made after the retirement of Lt. Kim Wannarnaker. ITEM C: None. ITEM D: D -1. MOTION: UNSCHEDULED PUBLIC COMMENTS (3 minutes) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Resolution No. 2010 -04 Authorizing Amendment of the Regulations of the Kenai Community Library to Eliminate Handling Charges to Borrowers for Replacement of Lost or Damaged Materials Council Member Eldridge MOVED for adoption of Resolution No. 2010 -04 and requested UNANIMOUS CONSENT. 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 comments from Council. KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 3 VOTE: There were no objections. SO ORDERED. D 2. Resolution No. 2010 05 Authorizing the City to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,000,000 to Provide Funds for the Planning, Designing, Acquiring Property for, and Constructing Library Capital Improvements, Fixing Certain Details of Such Bonds and Authorizing Their Sale. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -05 and requested UNANIMOUS CONSENT. 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 comments of Council. City Manager Koch announced the Board of Directors of the Bond Bank met and the City of Kenai s application for sale of the bond was approved. VOTE: There were no objections. SO ORDERED. 2010 r Designating City Resolution 2010 sig:�aang she ity as a Recovery Zone for the Purpose of Issuing Recovery Zone Economic Development Bonds. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -06 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 was closed. Council comments included thanks for the added memoranda related to Resolution No. 2010 -05 and Resolution No. 2010 -06 which were added at the beginning of the meeting and gave further explanation of the actions being taken. VOTE: There were no objections. SO ORDERED. Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Absent Eldridge Yes KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 4 D -4. Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -07 and Council Member Molloy SECONDED the motion. The floor was opened to public hearing. Mark Schrag, 312 Princess Lane, Kenai Stated he hoped more time would be taken on the resolution and believed it was a start. Duane Bannock, 1908 Aliak, Kenai Spoke in support of the resolution, noting the proposed amendments would define what could and could not be discussed. Council comments included: Desire to postpone the resolution and hold a work session on the proposed amendments. Suggestion additional public input and other topics related to the resolution could also be discussed to make meetings more public friendly, i.e. policies that those testifying do not need to answer questions of council, memoranda back -up information when the item is suggested by Administration, etc. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone Resolution No. 2010 -07 for one month bringing it back on March 3, 2010 and schedule a work session in the interim period. Council Member Marquis SECONDED the motion. VOTE: *Student Representative Johnson: MOTION PASSED UNANIMOUSLY. A work session was scheduled for March 1, 2010 to be held in the council chambers and begin at 6:00 p.m. It was noted, a second postponement and subsequent work session could be scheduled if needed. Marquis Yes Molloy Yes j Boyle Yes Porter !Yes Smalley Yes 1 Moore Absent Eldridge Yes KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 5 D -5. Resolution No. 2010 -08 Awarding a Contract to Northstar Paving and Construction, Inc. for the Project Entitled Lawton Drive Water Main Extension 2010 for the Total Amount of $619,580.00. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -08 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 was closed. There were no comments from Council. VOTE: There were no objections. SO ORDERED. D -6. *Liquor License Renewals Pizza Hut #9, License #2596 Restaurant /Eating Place Fraternal Order of Eagles #3525, License #337 Club American Legion Post #20, License #1380 Club Upper Deck, License #2993 Beverage Dispensary- Tourism Wal -Mart Supercenter 4474, License #4878 Package Store Liquor license renewals were approved by approval of the consent agenda. ITEM E: MINUTES E -1. Regular Meeting of January 6, 2010 Minutes were removed from the consent agenda at the beginning of the meeting. MOTION TO AMEND: Council Member Boyle MOVED to amend the January 6, 2010 council meeting minutes on Page 2, Item C, deleting "resolution had not been advertised for public hearing" and replace it with "published agenda stated that public testimony would not be allowed on the resolution." Council Member Molloy SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Johnson: MOTION PASSED UNANIMOUSLY. Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Absent Eldridge Yes KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 6 E -2. Regular Meeting of January 20, 2010 Minutes were removed from the consent agenda at the beginning of the meeting. MOTION TO AMEND: Council Member Eldridge MOVED to amend the January 20, 2010 City Council meeting minutes as follows: Page 9, in the first line of the paragraph following the motion to postpone, change May 19, 2009 to May 19, 2010; and Page 12, change the Porter vote from No to Yes and approve the minutes as amended. Council Member Molloy SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Johnson: MOTION PASSED UNANIMOUSLY. MOTION: Council Member Molloy MOVED to approve the January 6, 2010 council meeting minutes as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. 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 Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 7 VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 None. G -3. Ordinance No. 2462 -2010 Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. Introduced with approval of consent agenda. G -4. Ordinance No. 2463 -2010 Increasing Estimated Revenues and Appropriations by $7,092.12 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced with approval of the consent agenda. G -5. Ordinance No. 2464 -2010 Increasing Estimated Revenues and Appropriations by $8,524.80 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Introduced with approval of the consent agenda. G -6. Approval Fourth Amendment to Lease Salamatof Seafoods, Inc. Dock and Adjoining Lease /Non Exclusive License to Allow Access to Leased Properties. MOTION: Council Member Molloy MOVED to approve the Fourth Amendment to Lease to the Salamatof Seafoods, Inc. Dock and Adjoining Lease for the Non Exclusive License to Allow Access to Leased Properties and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -7. Approval Arctic Barnabas Ministries Lease Application /Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 Subdivision. MOTION: Council Member Eldridge MOVED for approval of the Arctic Barnabas Ministries Lease Application for Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1 KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 8 Subdivision and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -8. Discussion Schedule Budget Work Sessions Budget work sessions were scheduled for April 19 and 20, to be held in the council chambers and begin at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting was scheduled to be held on February 11, 2010. Mayor Porter noted the applications included in the packet and appointed Vickie Aber to the Council on Aging with no objections stated by Council. H -2. Airport Commission No report. H -3. Harbor Commission Council Member Smalley reported the February meeting had been cancelled. H -4. Library Commission Council Member Marquis reported on the meeting held on February 2, 2010, reviewed discussions and actions taken, and noted the next meeting was scheduled to be held on March 2, 2010.. H -5. Parks Recreation Commission Council Member Boyle reported a special meeting was scheduled to be held on February 18, 2010. H -6. Planning Zoning Commission Council Member Molloy reported the next scheduled meeting would be held on February 10, 2010. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reported a special meeting was scheduled for February 9, 2010. Noting a vacancy existed on the Committee and after reviewing the application submitted by Michelle Manzek, appointed her to the Committee. Council had no objections. H -7b. Alaska Municipal League Report Council Member Smalley reported he was in Juneau attending the AML Winter Meeting, meeting with Legislators, and delivering copies of the Kenai Peninsula Borough's priority list, which included the priorities of the City of Kenai. KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 9 H 7c. Mini Grant Steering Committee Mayor Porter noted a meeting was held on January 29, 2010 and one project submission was awarded a $500 grant. H 7d. Kenai Convention lb Visitors Bureau Council Member Boyle reported on the recent meeting he attended for Council Member Smalley. He noted, due to decreased income from bingo, etc., one employee had been laid off and employee insurance was cancelled. He also reported the annual art show opening would be held on April 23, 2010 and feature art from the Orthodox Church. H 7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed actions taken and discussions held at the February 2, 2010 Borough Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter reported the following: The "Coffee with the Mayor" had been well attended. She and the City Manager Koch met with representatives of Kenai Natives Association and Kenaitze Indian Tribe in an effort to keep communications open. She presented an "Award of Excellence" to George Ford. She attended the Kenai Chamber of Commerce awards dinner. She just returned from attending the Alaska Conference of Mayors meeting in Juneau. While there she met with the Governor, Commissioner of Corrections, and area legislators. ITEM J: ADMINISTRATION REPORTS J City Manager City Manager Koch reported the following: He would be in Juneau from February 14 -18 and would be absent from the February 17, 2010 council meeting. He was following some bills that could have impact on the City and would report on them as the session continued. Though Ryan Huss did not attend the meeting, he had spoken with him about his concerns with regard to the Bernie Huss Trail, Ryan's Creek, possibility of connecting the planned Marathon Road Park with the Huss trail, and that he would continue to work with Mr. Huss. After receiving notification from Senator Begich's office regarding stimulus funding available in a waterfront category, he forwarded some information that could be a possible project related to rock preparation. He was made aware of possible State funding for sewer connections along Bridge Access Road. He would be involved with the Region III High School Hockey Tournament and would be out of the office Thursday and Friday. J 2. Attorney Attorney Stearns reported the following: She was monitoring legislative bills of interest to the Ci report on them as they moved along in the process. y and would KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 10 Had been busy assisting staff and Administration. She would be attending an Endangered Species Act seminar in the near future. She was planning to take vacation the end of May or early June. J -3. City Clerk No report. ITEM K: DISCUSSION K -1. Citizens (five minutes) Bob Peters, 902 Mission Avenue, Kenai Stated he appreciated the support of Council for the library expansion project. K -2. Council Smalley Referred to HB 305 which would impact the revenue sharing program if passed. Congratulated Officer Ross on his promotion and Kim Wannamaker on his retirement and thanked them for their service to the community. Boyle Congratulated Ross and Wannamaker and thanked them for their services. Molloy Congratulated Ross on his promotion and Wannamaker on his retirement and thanked them for their services. Johnson Noted upcoming events at the high school and congratulated Ross on his promotion. Eldridge Congratulated Ross on his promotion and thanked him for his services to the community. ITEM L: PENDING LEGISLATION (This item lists legislati 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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council Noted to table this item for 90 days, with a progress report to be given at each council meeting.) Marquis Yes Molloy Yes Boyle Yes Porter Yes E Smalley Yes Moore Absent Eldridge Yes KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 11 Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At its January 20, 2010 meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) EXECUTIVE SESSION Consultation with City Attorney regarding pending litigation and strategy, disclosure of which could have an adverse impact upon the finances of the City. MOTION: Council Member Eldridge MOVED to convene in an executive session of the Council of the City of Kenai to consult with the City Attorney regarding pending litigation and strategy, disclosure of which could have an adverse impact upon the finances of the City and requested City Attorney Stearns attend with the council members. Council Member Molloy SECONDED the motion. VOTE: *Student Representative Johnson: MOTION PASSED UNANIMOUSLY. CONVENE TO EXECUTIVE SESSION: 7:54 P.M. MEETING RECONVENED: 8:22 P.M. Council Member Eldridge reported the Council met in executive session with City Attorney Stearns regarding pending litigation and gave Stearns instruction as to how to continue. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:24 p.m. KENAI CITY COUNCIL MEETING FEBRUARY 3, 2010 PAGE 12 Minutes submitted by: e° 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.