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HomeMy WebLinkAbout2010-02-17 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 17, 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. Ken Tarbox /Natasha Ala Kenai Birding Celebration, Kenai Wildlife Viewing Trail, and Birding Platform Update. 2. Dorothy Gray, Russian Orthodox Church Save America's Treasures Grant. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2462 -2010 Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. 2. Ordinance No. 2463 -2010 Increasing Estimated Revenues and Appropriations by $7,092.12 in the General Fund for State Traffic Grant Overtime Expenditures. 3. 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. 4. Resolution No. 2010 -09 Authorizing Participation in the Library Construction and Major Expansion Matching Grant Program. 5. Resolution No. 2010 -10 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled Kenai Recreation Center Locker Room Upgrade 2010 for the Total Amount of $38,000.000. 6. Resolution No. 2010 -11 Awarding a Contract to CH2M Hill, Inc. for the Project Entitled Water and Sewer Rate Study Update for the Total Amount of 534,000.00. 7. Resolution No. 2010 -12 Authorizing a Budget Transfer Within the General Fund, Non Departmental for a Fiber -Optic Link Between the Public Safety, Library and City Hall Buildings of the City. 8. *Liquor License Renewal New Peking Restaurant, Restaurant /Eating Place. ITEM E: MINUTES 1. *Regular Meeting of February 3, 2010. 2. *January 12, 2010 Council Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. Approval Mutual Rescission of Lease /Lot 14, Block 1, Cook Inlet Industrial Air Park David Schilling and Michael Schilling d /b /a Schilling Rentals. 4. Approval Appointment /Reappointment Kenai Peninsula Economic Development District Board of Directors. 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. 24I2 -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 uoted 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 the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) 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. (Clerk's Note: At its February 3, 2010 meeting, the City Council postponed Resolution No. 2010 -07 to March 3, 2010.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT Robert Molloy Mike Boyle i Pat Porter, Presiding Hal Smalley, Vice Mayor Joe Moore Barry Eldridge Ryan Marquis ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 17,2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.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. MOTION: MOTION: ROLL CALL The City Clerk took roll. Present were: A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: ADD TO: Item G -3, Letter requesting mutual rescission submitted by David Schilling, d /b /a Schilling Rentals Council Member Smalley MOVED for approval of the agenda with the addition and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 2 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) B -1. Ken Tarbox /Natasha Ala Kenai Birding Celebration, Kenai Wildlife Viewing Trail, and Birding Platform Update. Tarbox and Ala reviewed information included in the packet, which included an update of the use of the Kenai birding platform, wildlife viewing trail; existing grants used for development of the platform and trail; visitor activities on the Peninsula; new grants for signing and audio /cell phone tour; and plans for marketing the area. B -2. Dorothy Gray, Russian Orthodox Church Save America's Treasures Grant. Gray reviewed information included in the packet related to preservation of the Holy Assumption Orthodox Church, noting the Church was in danger of collapse as a result of structural deterioration of the walls. An estimated cost for the preservation project was stated to be S260,000 of which the Church had received a "Save America's Treasures Grant" in the amount of $125,492 and needed to match $129,895. The Church needed to raise approximately $77,000 of the matching amount. Gray requested monetary or in -kind services toward the matching amount. Mayor Porter requested an ordinance be prepared to award a S 10,000 grant to the Church to assist in the project. Council stated no objections to have an ordinance prepared to award a grant to the Church. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Jim Butler, 1711 Kaknu Way, Kenai Discussed HB 266, which would change the management of fisheries in the State by allowing the Board of Fisheries to place restrictions on all other fisheries before restricting personal use fishery. Butler requested Council to review the bill and consider taking a position on the issue. David Brindle, 520 Bridge Access Road, Kenai Brindle introduced himself as the manager of Pacific Star Seafoods and urged Council to take a. position on HB 266 as any reallocation of the fishery would have major economic impact to the processors, fishery, and fishers. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Molloy Yes Yes Boyle Moore Yes Yes Porter Eldridge Yes Yes Smalley Marquis Yes Yes Eldridge Yes Marquis Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 3 D -1. MOTION: Ordinance No. 2462 -2010 Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. Council Member Eldridge MOVED for adoption. of Ordinance No. 2462 -2010 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 MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2463 -2010 Increasing Estimated Revenues and Appropriations by S7,092.12 in the General Fund for State Traffic Grant Overtime Expenditures. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2463 -2010 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. Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 4 D -3. 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. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2464 -2010 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 -4. Resolution No. 2010 -09 Authorizing Participation in the Library Construction and Major Expansion Matching Grant Program. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -09 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 Council comments. VOTE: There were no objections. SO ORDERED. D -5. MOTION: Resolution No. 2010 -10 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled Kenai Recreation Center Locker Room Upgrade 2010 for the Total Amount of $38,000.000. Council Member Molloy MOVED for approval of Resolution No. 2010 -10 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 5 Council Member Moore reported Blazy Construction was a client of his firm, it was not a direct client of his, and he intended to vote on the resolution. There were no objections stated. 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. 2010 -11 Awarding a Contract to CH2M Hill, Inc. for the Project Entitled Water and Sewer Rate Study Update for the Total Amount of $34,000.00. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -11 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 Council comments. VOTE: There were no objections. SO ORDERED. D -7. MOTION: Resolution No. 2010 -12 Authorizing a Budget Transfer Within the General Fund, Non Departmental for a Fiber -Optic Link Between the Public Safety, Library and City Hall Buildings of the City. Council Member Molloy MOVED for adoption of Resolution No. 2010 -12 and requested UNANIMOUS CONSENT. 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: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 6 D -8. *Liquor License Renewal New Peking Restaurant, Restaurant /Eating Place. Approved by consent agenda. ITEM E: MINUTES E -1. Regular Meeting of February 3, 2010 Approved by consent agenda. E -2. January 12, 2010 Council Work Session Note Approved by consent 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: There were no objections. SO ORDERED. G -3. Approval Mutual Rescission of Lease /Lot 14, Block 1, Cook Inlet Industrial Air Park David Schilling and Michael Schilling d /b /a Schilling Rentals. MOTION: KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 7 Council Member Molloy MOVED for approval of the Mutual Rescission of Lease for Lot 14, Block 1, Cook Inlet Industrial Air Park. Council member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -4. Approval Appointment /Reappointment Kenai Peninsula Econo Development District Board of Directors. Referring to the letter from the Kenai Peninsula Economic Development District (KPEDD) included in the packet, Mayor Porter stated she would reappoint Barry Eldridge as the City's elected official representative to the KPEDD Board of Directors if no objection from Council. There were no objections. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported on discussions and actions taken at the February 11, 2010 meeting and noted a fundraiser was planned for March 12, 2010 with revenues collected going to the Meals on Wheels program. H -2. Airport Commission Council Member Moore reported on the meeting held on February 11, 2010 and reviewed the meeting summary which was included in the packet. 11-3. Harbor Commission Council Member Smalley reported the February meeting was cancelled and the next meeting was scheduled to be held March 8, 2010. Mayor Porter noted the application of William Nelson included in the packet. Porter stated her intention to appoint Nelson to the Harbor Commission. There were no Council objections. 11-4. Library Commission Council Member Marquis reported the next meeting was scheduled to be held March 2, 2010. H -5. Parks Recreation Commission Council Member Boyle reported a special meeting was scheduled for February 18, 2010. H -6. Planning Zoning Commission Council Member Molloy reported on discussions held and reports given at the February 10, 2010 meeting, noting the minutes of the meeting were included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Porter reviewed the Committee special meeting summary held on February 9. KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 8 H -7b. Alaska Municipal League Report Council Member Smalley reported on the AML Winter Legislative meeting held in Juneau, reviewed the League priorities, and noted meetings held with Legislators where the Boroughs priority book (which included City of Kenai priorities) was distributed. H -7c. Mini -Grant Steering Committee Council Member Moore reviewed the January 29, 2010 meeting summary which was included in the packet and noted one application was approved. H -7d. Kenai Convention Visitors Bureau Council Member Smalley noted the next meeting was scheduled for March 1, 2010. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions and discussions held at the February 16, 2010 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She attended the Wannamaker retirement party and the hockey tournament which occurred on the same day. Met with Dorothy Gray related to the presentation made earlier in the meeting. Requested Council donate $250 to the Providence Cancer Center in memory of James Bowles, President of ConocoPhillips Alaska, Inc. MOTION: Council Member Smalley MOVED to donate $250 to the Providence Cancer Center in memory of James Bowles and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM J: ADMINISTRATION REPORTS J -1. City Manager Acting City Manager Eubank noted the following: City Manager Koch was in Juneau meeting with Legislators and State department representatives. Koch spent much of his time during the past two weeks developing the Capital Improvement Project book and took copies to Juneau to distribute to legislators. Draft budgets would be distributed to Council on March 25, 2010. J -2. Attorney City Attorney Stearns reported the following: KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 9 She would take leave from June 1 -11, 2010. Would be attending a continuing education seminar in the next week related to the Endangered Species Act. Would be attending and participating in a learning exchange through the Alaska Law Consortium with Russian legislators and attorneys visiting the State. If possible, she would also discuss the proposed critical habitat designation for beluga whales with the presenters. J -3. City Clerk City Clerk Freas noted the following: A Mini -Grant report of completed projects was included in the packet. Listing of destroyed records according to the City of Kenai Retention Schedule was included in the packet. Mayor Porter requested a month -to -month streaming video of meetings usage report; questioned whether the City had offered funding for the bird hazing project at the airport; and, asked if the kennel permits referred to in the Kenai Police Department mid -month report were newly permitted. ITEM K: DISCUSSION 1E Citizens (five minutes) None K -2. Council Smalley Stated his thanks for the presentations made at the beginning of the meeting. Encouraged Council and Administration to continue tracking bills that would affect the City and consider participating in teleconferenced hearings, etc. Boyle No comments. Molloy Thanked Administration for the Capital Improvement Project booklet. Noted the report related to planning the town hall meeting and included as an information item; the city manager was looking into the possibility of hiring a facilitator for the to hall meeting that would also be used for staff training with regard to the updating of the Comprehensive Plan; and, hoped the to hall meeting could be scheduled for April or May. Marquis Thanked the presenters for their information. Congratulated Duane Bannock on his new interim position. Noted, the 50th Anniversary of the City's incorporation was coming up and suggested a resolution be prepared in recognition. Johnson Noted upcoming events at the high school and reminded Council an updated group photo was still needed for the City's webpage. KENAI CITY COUNCIL MEETING FEBRUARY 17, 2010 PAGE 10 Eldridge Suggested viewing scopes be included in the FY 1 1 budget for placement at the wildlife viewing platform and spotting scope placed at the river bluff. Moore Requested a resolution stating the city's opposition to HB 266 (and the companion bill) be prepared for consideration at the March 3, 2010 meeting, for reasons stated earlier in the meeting. Requested a resolution supporting SB 220 (and the companion bill) be prepared for consideration at the March 3, 2010 meeting as it had many components of the Tri- Borough Commission with regard to the Alaska Sustainable Energy Act. 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 1 State o�a�c Alaska Climate Change Compact and Supporting the of f r,l �ask E a nergy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) 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. (Clerk's Note: At its February 3, 2010 meeting, the City Council postponed Resolution No. 2010 -07 to March 3, 2010.) EXECUTIVE SESSION None Scheduled 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 17, 2010 PAGE 11 Minutes submitted b 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.