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HomeMy WebLinkAbout2010-05-05 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 5, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. kenai. ak u s 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comment limited to 10 minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. 2. Ordinance No. 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. 3. Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. 4. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. 5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) ITEM E: MINUTES 1. *Regular Meeting of April 21, 2010. 2. *April 19, 2010 Budget Work Session Notes 3. *April 20, 2010 Budget Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 3. *Ordinance No. 2482 -2010 Increasing Estimated Revenues and Appropriations by $111.94 in the General Fund for the Police Department to Purchase Equipment From Asset Forfeiture Funds Provided to the City of Kenai. 4. *Ordinance No. 2483 -2010 Increasing Estimated Revenues and Appropriations by $190,000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Fire Suppression Sprinkler System Failure. 5. Discussion Schedule Budget Work Session ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8s Recreation Commission 6. Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention 8; 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 (Public comment limited to 5 minutes per speaker) 2. Council EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -15, no time certain. The motion to adopt is active.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT Ryan Marquis Robert Molloy Mike Boyle Hal Smalley, Vice Mayor Barry Eldridge 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. ROLL CALL The City Clerk took roll. Present were: Absent were: Mayor Pat Porter and Council Member Joe Moore. A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL MOTION: Council Member Eldridge MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: KENAI CITY COUNCIL REGULAR MEETING MAY 5, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us VICE MAYOR HAL SMALLEY, PRESIDING There were no objections. SO ORDERED. MINUTES A -4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 2 There were no objections. SO ORDERED. Vice Mayor Smalley congratulated Council Member Marquis on his graduation from Kenai Peninsula College on May 4, 2010. Vice Mayor Smalley presented a proclamation to Student Representative Maya Johnson for Mayor Porter thanking her for her work on the Council and wishing her good luck at Dartmouth College. ITEM B: SCHEDULED PUBLIC COMMENTS None ITEM C: UNSCHEDULED PUBLIC COMMENTS None Vice Mayor Smalley recognized Soldotna City Council Member Peggy Mullen. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. Council Member Molloy MOVED to enact Ordinance No. 2479 -2010 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Molloy indicated his intent to postpone Ordinance No. 2479 -2010 to the May 19, 2010 meeting to allow for full council consideration, and noted the following suggestions: Wanted a code rather than a written policy to increase transparency and support the Clerk in allowing conference room use. Would like to clarify "control" in a discussion with the full council. Would like to clarify restriction on usage. Requested the Clerk bring a memo to the next meeting regarding usage in other cities. MOTION: Marquis Yes Molloy Yes Boyle Yes Porter ABSENT Smalley Yes Moore ABSENT Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter ABSENT Smalley Yes Moore ABSENT Eldridge Yes KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 3 Council Member Molloy MOVED to postpone Ordinance No. 2479 -2010 to the May 19, 2010 meeting for a second public hearing. Council Member Marquis SECONDED the motion. VOTE TO POSTPONE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2480 -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. Student Representative Johnson spoke in support of the ordinance. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2480 -2010 to the May 19, 2010 meeting for a second public hearing. Council Member Marquis SECONDED the motion. VOTE TO POSTPONE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. Marquis Yes Molloy Yes Boyle Yes Porter ABSENT Smalley Yes Moore ABSENT Eldridge Yes KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 4 D -3. Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2481 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. Robert Peters, Old Town, Kenai Spoke in favor of the ordinance and recommended a plaque be placed near the bridge at Meeks Crossing. There being no one else wishing to speak, the public hearing was closed. City Manager Koch noted Administration would be replacing the bridge at Meeks Crossing, welcomed information to be used for a sign, and noted Representative Kurt Olson was the catalyst for acquiring the funding for the project. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2010 -25 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. It was noted the resolution would not affect budget planning. VOTE: There were no objections. SO ORDERED. D -5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 5 Approved by consent agenda. ITEM E: MINUTES E -1. *Regular Meeting of April 21, 2010 Approved by consent agenda. E -2. *April 19, 2010 Budget Work Session Notes Approved by consent agenda. E -3. *April 20, 2010 Budget Work Session Notes Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None BREAK TAKEN: 7:26 P.M. BACK TO ORDER: 7:40 P.M. ITEM G: NEW BUSINESS G -1. Ratification of Bills None G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $15,0 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2482 -2010 Increasing Estimated Revenues and Appropriations by $111.94 in the General Fund for the Police Department to Purchase Equipment From Asset Forfeiture Funds Provided to the City of Kenai. Introduced by approval of the consent agenda. G -4. *Ordinance No. 2483 -2010 Increasing Estimated Revenues and Appropriations by $190,000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Fire Suppression Sprinkler System Failure. KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 6 Introduced by approval of the consent agenda. G -5. Discussion Schedule Budget Work Session General discussion took place. A budget work session was scheduled for Monday, May 24, 2010 at 6:00 p.m. in Council chambers. A light meal was requested. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the meeting would be held May 13, 2010. H -2. Airport Commission Airport Manager Bondurant reported the meeting would be held May 13, 2010. H -3. Harbor Commission Council Member Smalley reported the next meeting would be held May 10, 2010. H -4. Library Commission Council Member Boyle reported the Library would be closed for three weeks starting June 6, 2010, the groundbreaking ceremony was a success, code policy would be drafted and the meeting schedule would not change. H -5. Parks Recreation Commission Council Member Boyle reported there would be a work session on the park on Marathon Road. H -6. Planning Zoning Commission Council Member Eldridge reviewed the minutes from the April 28, 2010 meeting included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Parks and Recreation Director Frates reported the Committee would meet on May 11, 2010. H -7b. Alaska Municipal League Report Vice Mayor Smalley reported meetings would be held in Juneau on May 7 and 8, 2010. H -7c. Mini -Grant Steering Committee No report H -7d. Kenai Convention Visitors Bureau Council Member Boyle reported on the May 3, 2010 Board meeting, the commendation received by Laura Forbes and the Board was investigating cell phone tour possibilities for Old Town. H -7e. Reports of KPB Assembly, Legislators and Councils Vice Mayor Smalley invited Soldotna Council Member Peggy Mullen to speak. KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 7 Peggy Mullen, 355 Lingonberry, Soldotna Noted she was attending to investigate web streaming for Soldotna City Council meetings, and suggested the Kenai and Soldotna Councils meet see twice yearly to discuss regional issues. Vice Mayor Smalley reported on the May 5, 2010 Kenai Peninsula Borough Assembly meeting held in Seward. ITEM I: REPORT OF THE MAYOR Vice Mayor Smalley noted the following: Read a memorandum from Mayor Porter requesting the park on Marathon Road be named Daubenspeck Park. Reported on the Library Expansion groundbreaking ceremony, noting representatives from the offices of Senator Begich, Congressman Young, Senator Murkowski, Representative Olson, and Representative Wagoner attended, along with representatives from the Rasmuson Foundation and family. ITEM J: ADMINISTRATION REPORTS J -1. City Manager Koch reported the following: The packet included a history of the Daubenspeck donations to the City. Senators Begich and Murkowski were working with him on the Water Resource Development Act for funding on the Bluff Erosion project. He was working on a lease for the flight service station. Representatives from the Rasmuson Foundation visited the Kenai Visitors and Convention Bureau, the Russian Orthodox Church, Senior Center Vintage Pointe Manor, the historical cabins, and the Lee Shore Center on May 3, 2010. Senate Bill 230, which included $1.5 million dollars for the Kenai Community Library, would be forwarded to the Governor for consideration. Noted interest in the Float Plane Basin at the recent Air Show in Anchorage. Noted Administration would be proceeding with platting surrounding the Float Plane Basin in phases. J -2. Attorney City Attorney Stearns noted the following: She reviewed her memorandum included in the packet related to public hearing requirements. She would be proceeding with a non judicial foreclosure due to non- payment since 2008. She attended the Alaska Bar Convention, receiving over ten hours of continuing education, and attended the Board of Governors meeting where she was elected its Vice President. KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 8 J -3. City Clerk City Clerk Freas noted the following items: She reviewed the memorandum included in the packet related to members of the Planning Zoning Commission who had not yet submitted the 2010 Public Official Financial Disclosure Statement. She noted, since preparation of the memorandum, Commissioner Romain had submitted his form. Commissioner Wells had not yet submitted his form. Thanked the Mayor and Council for the flowers received by Freas and Deputy City Clerk Hall celebrating Municipal Clerk's Week. She met with the Region I Division of Elections Supervisor Alyce Houston during the week where she learned schools were no longer being used for precincts, which would not affect any City precinct locations. Houston was scoping out other locations for several Peninsula precincts. Because of preliminary discussions at the Borough level related to by- mail elections, the discussion would come to the Council in the future. She noted, if it was decided to move to Borough by -mail elections only, it would affect the City elections. She would keep Council informed of the progress of the discussions. ITEM K: DISCUSSION K -1. Citizens Robert Peters, Old Town, Kenai Thanked Student Representative Johnson for her service to the community. K -2. Council Eldridge Wished Student Representative Johnson well in the future. Johnson Noted she enjoyed the learning experience of working with Council and noted Kenai Central High School graduation would be May 17, 2010. Marquis Congratulated City Attorney Stearns on her election; thanked Peggy Mullen for attending; congratulated the graduates of Kenai Peninsula College, noting 2010 was the largest graduating class to date; and, noted May 10, 2010 would be the 50th birthday of the City of Kenai. Molloy Congratulated Marquis on graduation, thanked Peggy Mullen for attending, and read a poem to Student Representative Johnson. Boyle Congratulated Stearns, Marquis and Johnson. Smalley Congratulated Stearns, Marquis and Johnson, and thanked Peggy Mullen for attending. EXECUTIVE SESSION None Scheduled KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 9 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. The motion to adopt is active.) Resolution No. 2010 15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -15, no time certain. The motion to adopt is active.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:40 p.m. Minutes submitted by: 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.