HomeMy WebLinkAbout2010-05-19 Council MinutesITEM A: CALL TO ORDER
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
MAY 19, 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 (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.)
*A11 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 comments limited to 10
minutes per speaker)
1. Brad Nyquist /D'Anna Gibson, Kenai Central High School Nordic Ski
Team Beach Cleanup Presentation.
2. Carol Bannock, Executive Director, Kenai Chamber of Commerce
Sponsorship of July 4 Event.
3. Rachael Craig, Kenai Senior Center Director Older American's
Month Presentation
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.)
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.
(Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance
No. 2479 -2010 to the May 19, 2010 Council Meeting. The motion to adopt
is active.)
a. Substitute 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.
(Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance
No. 2480 -2010 to the May 19, 2010 Council Meeting. The motion to adopt
is active.)
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. 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.)
a. Substitute Resolution No. 2009 -68 Supporting Actions
Building and Maintaining a Sustainable community Within the
City of Kenai, and Supporting Networking with Local Governments
on the Kenai Peninsula.
6. Resolution No. 2010 -26 Urging the United States Department of
Energy to Expeditiously Approve a Two -Year Extension of the Kenai
Liquid Natural Gas (LNG) Export License.
7. Resolution No. 2010 -27 Awarding a Contract to Holden Company for
the Project Entitled Kenai South Beach Dunes Protection 2010 for the
total Amount of $62,028.00.
8. Resolution No. 2010 -28 Recognizing the Achievements of Governor
Walter "Wally" J. Hickel, His Contributions to Alaska, and Expressing
Sincere Condolences to His Family
9. Resolution No. 2010 -29 Authorizing the City Manager to Enter Into
an Agreement to Lease and Operate Fuel Dispensing Equipment at the
Kenai Municipal Dock with Jackson Enterprises, Inc.
10. Resolution No. 2010 -30 Authorizing the City Attorney to File Suits on
Behalf of the City to Enforce the City's Codes Regarding Health and
Safety, Nuisance, Garbage, Refuse and Debris, Junk and Abandoned
Vehicles, and related Land Use Ordinances and to Collect Civil Penalties
for Violation of Same
11. *Liquor License Renewal Matson Winery, Inc., d /b /a Matson Winery
Supply /Winery, License #4676
ITEM E: MINUTES
1. Regular Meeting of May 5, 2010.
2. *May 8, 2010 Council Work Session Notes.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding S 15,000
3. *Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2010 and Ending June 30, 2011.
4. *Ordinance No. 2485 -2010 Increasing Estimated Revenues and
Appropriations by $591,268 in the Airport Land Sales Permanent Fund
and Both Increasing and Decreasing Estimated Revenues in the Airport
Fund for Funds Received from the Airport Land Sales Permanent Fund.
5. *Ordinance No. 2486 -2010 Increasing Estimated Revenues and
Appropriations by $8,552.95 in the General Fund for State Bureau of
Highway Patrol Overtime Expenditures.
6. *Ordinance No. 2487 -2010 Increasing Estimated Revenues and
Appropriations by $8,569.75 in the General Fund for State Traffic Grant
Overtime Expenditures.
7. *Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting
Qualifications and Procedures, to Change the Time for the Meeting of the
Canvassing Board, to Amend the Process for Absentee Voting by
Directing the Use of Pre -Paid Postage Return Envelopes and Reducing
the Number of Witnesses Required, to Expand Certain Records Retention
Requirements, and to Make Conforming Amendments.
8. Action Schedule Board of Adjustment Hearing.
9. Discussion Town Hall Meeting Collaborative Leadership Training.
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 (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. 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
Robert Molloy
Mike Boyle (arrived at 7:16
•.m.
Pat Porter, Mayor
Hal Smalley, Vice Mayor
Joe Moore
Barry Eldridge
Ryan Marquis
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.
The City Clerk took roll. Present were:
A quorum was present.
Also present: Student Representative Hannah Coffman
A -3. AGENDA APPROVAL
The following changes were requested:
ADD TO: ITEM D -la, Substitute Ordinance No. 2479 -2010 Councilors
Molloy and Boyle memorandum identifying the differences between
the original ordinance and substitute.
ADD TO:
MOTION:
KENAI CITY COUNCIL REGULAR MEETING
MAY 19, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDING
ROLL CALL
MINUTES
ITEM D -2, Ordinance No. 2480 -2010 D. Bannock email
transmission with comments related to Ordinance No.
2480 -2010.
Council Member Smalley MOVED for approval of the agenda with the requested
additions. Council Member Eldridge SECONDED the motion and requested
UNANIMOUS CONSENT. There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 2
A -4. CONSENT AGENDA
MOTION:
Council Member Smalley MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
There were no public comments.
VOTE:
There were no objections. SO ORDERED.
Hannah Coffman was confirmed as the Council's Student Representative.
ITEM B: SCHEDULED PUBLIC COMMENTS (Public comments limited to 10
minutes per speaker)
B -1. Brad Nyquist /D'Anna Gibson, Kenai Central High School Nordic Ski
Team Beach Cleanup Presentation.
Mr. Nyquist, Ms. Gibson, and members of the Kenai Central High School Nordic Ski
Team gave a brief presentation of the Team's beach cleanup efforts, along with other
photos of Team competitions and fundraising.
Mayor Porter noted the arrival of Council Member Mike Boyle at 7:1.6 p.m.
B -2. Carol Bannock, Executive Director, Kenai Chamber of Commerce
Sponsorship of July 4 Event.
Bannock requested the City of Kenai partner with the Chamber for the Fourth of July
parade and events at the Patriotic level of S2,500. She noted, along with celebrating
the Fourth, they would be celebrating the incorporation of the City.
MOTION:
Council Member Marquis MOVED to provide the Chamber with 52,500 to be a
Patriotic sponsor for the Fourth of July celebration and directed Administration to find
the money in the current budget. Council Member Eldridge SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative Coffman: Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Yes
Moore
Yes
Eldridge
Yes
Marquis
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 3
MOTION PASSED UNANIMOUSLY.
B -3. Rachael Craig, Kenai Senior Center Director Older American's
Month Presentation
Craig presented a video in honor of Older American's Month which highlighted
programs offered to seniors at the Kenai Senior Center.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
None.
ITEM D:
D -1.
D -la.
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.
(Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance
No. 2479 -2010 to the May 19, 2010 Council Meeting. The motion to adopt
is active.)
Substitute 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 Boyle MOVED to substitute Ordinance No. 2479 -2010 with
Ordinance No. 2479 -2010, the substitute. Council Member Molloy SECONDED the
motion.
VOTE ON MOTION TO SUBSTITUTE:
*Student Representative Coffman: Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
No
Marquis
Yes
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 4
MOTION PASSED UNANIMOUSLY.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
Council comments included:
Support for the ordinance and codification of what had been a policy and
procedure used for many years. Having the item codified would allow easy access for
the public and staff to review, as well as giving support to the City Clerk when
addressing requests for use of the rooms.
Did not feel codification of the policy was necessary.
Codification of the informal policy would back the Clerk; a policy is a
regulation and could be a simple statement in the Code and would make the
information more transparent for the public; and, believed a statement regarding the
use of the Chambers and. the Clerks Conference Room would give more authority if
codified.
A policy did not have teeth and saw the codification as a tool.
Suggestion the ordinance be amended to state "shall be under direction
of the City Clerk" instead of "supervision."
MOTION TO AMEND:
Council Member Molloy MOVED to amend Ordinance No. 2479 -2010, first sentence of
1.10.070, to read "Scheduling the use of the Council chambers and the Clerk /Council
conference room in the City Clerk's office, shall be under the direction of the City
Clerk." Council Member Marquis SECONDED the motion.
There were no council comments.
VOTE ON AMENDMENT:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
Council comments on the amended motion:
Support of the amended motion.
Penalty of violation information was requested with Attorney Stearns
reviewing what was allowed by Code and noted there were always appeal rights.
Belief the intent of the ordinance was vague and ambiguous and would
not support.
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
No
Eldridge
No
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
No
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Yes
Moore
No
Eldridge
No
Marquis
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 5
VOTE ON MAIN AMENDED MOTION:
*Student Representative Coffman: No
MOTION PASSED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the ordinance at 1.10.070 by deleting the
second sentence and Council Member Marquis SECONDED the motion.
VOTE ON AMENDMENT:
*Student Representative Coffman: No
MOTION PASSED.
VOTE ON MAIN AMENDED MOTION:
*Student Representative Coffman: No
MOTION PASSED.
BREAK TAKEN: 8:00 P.M.
BACK TO ORDER: 8:06 P.M.
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.
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 6
(Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance
No. 2480 -2010 to the May 19, 2010 Council Meeting. The motion to adopt
is active.)
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
Council comments included:
Reference to D. Bannock email transmission submission with regard to
1.15.050(b)(11), Discussion and agreement the word "discussion" could be considered
as a dialog between the public and council.
MOTION TO AMEND:
Council Member Molloy MOVED to amend 1.15.050(b)(11) to be "Additional Public
Comments." Council Member Smalley SECONDED the motion.
Council comments included:
Concern the ability for Council comments had been removed with the
motion.
WITHDRAWAL OF MOTION:
Council Member Molloy withdrew his motion stating it was not his intent to
circumvent the Council from making comments at the end of the meeting. Council
Member Smalley, as the second, agreed with the withdrawal.
MOTION TO AMEND:
Council Member Molloy MOVED to amend 1.15.050(b)(11), Section 3, by replacing
"Discussion: citizen discussion and Council Member discussion" with "Additional
Public Comments: citizen comments and Council comments." Council Member
Smalley SECONDED the motion.
VOTE ON AMENDMENT:
`Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
Discussion continued with a question related to Section 3, Paragraph (d), suspending
the rules. It was noted, the language of suspending the rules with the approval of a
Molloy
No
Boyle Yes
Porter
No
Smalley
No
Moore
No
Eldridge
No
Marquis
Yes
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes i
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 7
motion with two thirds vote of the Council members in attendance was a reflection of
Robert's Rules of Order and would apply unless the City had its own rule to that
regard.
MOTION TO AMEND:
Council Member Boyle MOVED to amend Section 3, 1.15.050(e) to read: The City
Clerk shall maintain a list of tabled and pending items. These items shall be reviewed
and acted upon at the next meeting following that which the certification of a regular
election of any Council Member takes place. Council Member Marquis SECONDED
the motion.
Comments included:
Section 3, 1.15.050(e) was also a reflection of Robert's Rules which would
apply unless the City had its own rule.
Would prefer having the Council review each pending item individually.
How long items remain pending depended on the body, i.e. at the end of
the second legislative session, pending items are removed with no action, Assembly
removed after certification of each election, etc.
With each election, the membership of the Council could be different and
if items remained as pending after an election, new members could be acting on items
of which they had no part in developing, etc.
When an ordinance /resolution is removed after the certification of an
election, a new ordinance /resolution could be prepared for Council's consideration.
Have deviated from Roberts Rules previously; would disagree with acting
on pending items individually; and, would prefer items remain on the pending list.
Pending items list is a reminder and believed it easier to leave an
ordinance /resolution on the list than to return with a new ordinance /resolution.
VOTE ON AMENDMENT:
*Student Representative Coffman: No
MOTION FAILED.
VOTE ON MOTION AS AMENDED:
*Student Representative Coffman: No
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 8
MOTION PASSED UNANIMOUSLY.
D -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.
MOTION:
Council Member Marquis MOVED to adopt Ordinance No. 2482 -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.
Comments included:
The City Manager would bring forth an ordinance to allow appropriation
of funds under 5500 to be done administratively.
VOTE:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -4. Ordinance No. 2483 -2010 Increasing Estimated Revenues and
Appropriations by S190,000 in the Congregate Housing Capital Project
Fund for Repair of Damage Caused by the Fire Suppression Sprinkler
System Failure.
MOTION:
Council Member Smalley MOVED to adopt Ordinance No. 2483 -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.
Comments included:
The reimbursement process would take between 30 and 60 days.
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
I Yes
Eldridge
Yes
Marquis
1 Yes
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 9
The fire suppression equipment failed in the attic area of the Congregate
Housing Facility because not all the water used to test the system had been drained;
during the winter, the pipes froze and then burst; and, there was damage to all three
floors in the building.
The contractor's insurance company directed the City to move forward
and hire out the repair work.
VOTE:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -5. 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.)
D -5a. Substitute Resolution No. 2009 -68 Supporting Actions Building and
Maintaining a Sustainable Community Within the City of Kenai, and
Supporting Networking with Local Governments on the Kenai Peninsula.
MOTION TO SUBSTITUTE:
Council Member Molloy MOVED to substitute Resolution No. 2009 -68 with Resolution
No. 2009 -68, the substitute, supporting actions building and maintaining a
sustainable community within the City of Kenai, and supporting networking with local
governments on the Kenai Peninsula. 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.
Council comments included:
Review of the memorandum in the packet, which included the history of
the original resolution and changes included in the substitute resolution. Because of
Molloy
Yes
Boyle
Moore
Yes
No
Porter
Eldridge
Yes
No
Smalley
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
No
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 10
the substantial changes to the resolution, intent was to postpone action on the
resolution to the first meeting in July and to hold a second public hearing.
Surprise the resolution came back and belief more time was needed to
digest what was discussed and processed at the Town Hall Meeting before attending to
the resolution.
The substitute resolution still referred to the Compact which referred to
"cap and trade." As long as reference was made to the Compact, would not support.
Would like a new resolution including information discussed at the Town
Hall Meeting.
Would not support the substitute resolution and would prefer voting it
down and develop a new resolution including results of the Town Hall Meeting.
There was only mention of the Compact in a "whereas" paragraph as a
reference to where the resolution began. The substitute resolution did not support the
original resolution.
The substitute resolution clearly stated the City would be taking a
different position. If postponed to July, there would be a lot of time for developing
amendments, etc.
The substitute or original resolutions were not anti- business or anti -oil
and gas. The substitute gave a history of how the substitute was developed and
referenced the original resolution for that purpose and incorporated public comments
from the January public hearing on the original resolution.
A separate resolution could come from the discussions of the Town Hall
Meeting.
VOTE ON SUBSTITUTION:
*Student Representative Coffman: No
MOTION PASSED.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone Resolution No. 2009 -68 to the first
meeting in July, 2010 for an additional public hearing. Council Member Boyle
SECONDED the motion.
VOTE ON POSTPONEMENT:
*Student Representative Coffman: Yes
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 11
Marquis
MOTION PASSED.
D -6. Resolution No. 2010 -26 Urging the United States Department of
Energy to Expeditiously Approve a Two -Year Extension of the Kenai
Liquid Natural Gas (LNG) Export License.
MOTION:
Council Member Eldridge MOVED for adoption of Resolution No. 2010 -26 and
requested UNANIMOUS CONSENT. 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.
VOTE:
There were no objections. SO ORDERED.
D -7. Resolution No. 2010 -27 Awarding a Contract to Holden Company for
the Project Entitled Kenai South Beach Dunes Protection 2010 for the
Total Amount of $62,028.00.
MOTION:
VOTE:
Yes
Council Member Eldridge MOVED for approval of Resolution No. 2010 -27 and
requested UNANIMOUS CONSENT. 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 objections. SO ORDERED.
D -8. Resolution No. 2010 -28 Recognizing the Achievements of Governor
Walter "Wally" J. Hickel, His Contributions to Alaska, and Expressing
Sincere Condolences to His Family
MOTION:
Council Member Eldridge MOVED for approval of Resolution No. 2010 -28 and
requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion.
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 12
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 -9.
MOTION:
Resolution No. 2010 -29 Authorizing the City Manager to Enter Into
an Agreement to Lease and Operate Fuel Dispensing Equipment at the
Kenai Municipal Dock with Jackson Enterprises, Inc.
Council Member Smalley MOVED for approval of Resolution No. 2010-29. Council
Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
Council Member Boyle objected to the request for unanimous consent and explained
his concern the City could be perceived as privatizing City services; asked what the
legal ramifications would be for such a process; and, there was now a situation for
competition and the City would be privatizing the process.
City Manager Koch explained the City had been dispensing fuel for a significant time;
there was no profit when factoring in the price of fuel and salaries of employees; and,
the concessionaire would be responsible for installation of a dispensing pump.
Boyle withdrew his objection to unanimous consent.
A brief discussion continued with comments including
The fiscal revenue difference between the City dispensing fuel or a
contractor was estimated to be $30,000 (the salary to service the dispensing of the fuel
would not go away and with the value of the salaries).
Before the City was competing with private businesses to dispense the
fuel.
The City would save some liability and risk from not pumping fuel, but in
the end, it remained a City facility.
Instead of a lease, the dispensing of fuel would be through a
Concessionaire Agreement which defined the annual fees and who owned what.
If Council was to give authority for the City Manager to sign agreements,
the Council should see the agreements.
VOTE:
There were no objections. SO ORDERED.
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 13
D -10. Resolution No. 2010 -30 Authorizing the City Attorney to File Suits on
Behalf of the City to Enforce the City's Codes Regarding Health and
Safety, Nuisance, Garbage, Refuse and Debris, Junk and Abandoned
Vehicles, and related Land Use Ordinances and to Collect Civil Penalties
for Violation of Same
MOTION:
Council Member Eldridge MOVED to approve Resolution No. 2010 -30 and requested
UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
Council Member Molloy objected to unanimous consent and explained his concern
with the "and without seeking further City Council approval" in the "Now, Therefore"
paragraph as he believed there should be parameters
Discussion followed with comments including:
Agreement with Molloy's concern and the Council should be informed of
any settlement.
Negotiations may not allow time to report back to Council.
Did not object to deleting that portion of the paragraph as the City
Attorney should have the latitude without coming back to Council.
Concern with the reference to "health and safety" in the same
paragraph.
Explanation that the City Attorney would not filing suits without bringing
them to Council and proposed settlements, etc. would be discussed with
Administration to be sure it was comfortable with proposals.
MOTION TO AMEND:
Council Member Molloy MOVED to amend Resolution No. 2010 -30 by deleting from
the "Be it Resolved" clause, and without seeking further City Council approval."
Council Member Eldridge SECONDED the motion.
VOTE ON AMENDMENT:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 14
VOTE ON MAIN MOTION AS AMENDED:
Council Member Smalley requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
D -11. *Liquor License Renewal Matson Winery, Inc., d /b /a Matson Winery
Supply /Winery, License #4676
Approved by consent agenda.
ITEM E: MINUTES
E -1. *Regular Meeting of May 5, 2010 Approved by consent agenda.
E -2. *May 8, 2010 Council Work Session Notes 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.
There were no public or Council comments.
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. Council Member Eldridge SECONDED the motion and requested
UNANIMOUS CONSENT.
There were no public or Council comments.
VOTE:
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 15
There were no objections. SO ORDERED.
G -3. *Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal
Year Commencing July 1, 2010 and Ending June 30, 2011.
Introduced by approval of the consent agenda.
G -4. *Ordinance No. 2485 -2010 Increasing Estimated Revenues and
Appropriations by $591,268 in the Airport Land Sales Permanent Fund
and Both Increasing and Decreasing Estimated Revenues in the Airport
Fund for Funds Received from the Airport Land Sales Permanent Fund.
Introduced by approval of the consent agenda.
G -5. *Ordinance No. 2486 -2010 Increasing Estimated Revenues and
Appropriations by $8,552.95 in the General Fund for State Bureau of
Highway Patrol Overtime Expenditures.
Introduced by approval of the consent agenda.
G -6.
*Ordinance No. 2487 -2010 Increasing Estimated Revenues and
Appropriations by $8,569.75 in the General Fund for State Traffic Grant
Overtime Expenditures.
Introduced by approval of the consent agenda.
G -7. *Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting
Qualifications and Procedures, to Change the Time for the Meeting of the
Canvassing Board, to Amend the Process for Absentee Voting by
Directing the Use of Pre -Paid Postage Return Envelopes and Reducing
the Number of Witnesses Required, to Expand Certain Records Retention
Requirements, and to Make Conforming Amendments.
Introduced by approval of the consent agenda.
G -8. Action Schedule Board of Adjustment Hearing.
Council Member Molloy indicated he and his law firm represented the Kenai River
Professional Guides Association; the appellant was President of the organization; the
appellant consulted with his business as president of the organization; the
compensation was less than the amount required to report on the City's Financial
Statement; and, because of the fact the appellant was the president of the Guide
Association, it could be perceived as an impropriety and (Molloy) requested to recuse
himself from any discussions with regard to the issue.
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 16
Mayor Porter explained that based upon Molloy's statements that he and his law firm
represented the Kenai River Professional Guides Association and the Appellant, David
Goggia, was the President of the Association with whom Molloy's business regularly
consults in that capacity, she determined Council Member Molloy should not sit as a
member of the Board of Adjustment on the appeal of PZ 10 -07 to the Board of
Adjustment.
The Board of Adjustment hearing was scheduled for June 15, 2010 in the Council
Chambers, beginning at 6:00 p.m.
G -9. Discussion Town Hall Meeting Collaborative Leadership Training.
Koch reviewed the information included in the packet related to the attendance and
programs of both the leadership training and the Town Hall meeting. A brief
discussion took place related to appreciation of the programs, positive impressions,
excellent participation and preparation by all the employees, suggestion to hold on a
regular yearly basis, and suggestion a work session be held to review the information.
Council was asked to bring suggestions of dates for holding a work session on the
issue to the next council meeting. Prior to the work session, it was noted
Administration would forward a document to all those who participated indicating
what projects were being processed and /or steps already taken with regard to the
suggested items gathered at the Town Hall Meeting.
ITEM H: COMMISSION /COMMITTEE REPORTS
H -1. Council on Aging Council Member Boyle reviewed discussions held at
the May 13, 2010 meeting.
Airport Commission Council Member Moore reported the May 13,
2010 meeting had been cancelled.
H -3. Harbor Commission Council Member Smalley viewed the May 10,
2010 meeting summary which was included in the packet.
1-1-4. Library Commission Council Member Marquis reviewed the May 4,
2010 meeting summary which was included in the packet and noted, the next meeting
was scheduled for June 1, 2010.
H -5. Parks Recreation Commission Council Member Boyle reported a
work session would be held on May 27, 201.0 to gather comments and ideas for the
park on Marathon Road.
11-6. Planning Zoning Commission Council Member Molloy reviewed the
May 12, 2010 meeting minutes which were included in the packet.
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 17
H -7. Miscellaneous Commissions and Committees
H -7a. Beautification Committee Mayor Porter reviewed the May 11, 2010
meeting summary which was included in the packet.
H -7b. Alaska Municipal League Report Council Member Smalley reported
on the Board meeting held May 7 -8, 2010, noting the following:
Annual conference would be held November 15 -19 in Juneau.
The summer meeting would be held in Kodiak, August 18 -20, 2010.
There would be no dues increase this year.
Other items discussed at the meeting were a legislative wrap -up; the gag
law issue; and the policy statement would be streamlined to two pages.
H -7c. Mini -Grant Steering Committee No report.
H -7d. Kenai Convention Visitors Bureau Council Member Smalley
reported the next meeting would be held on May 20, 2010.
H -7e. Reports of KPB Assembly, Legislators and Councils Assembly
Member Smalley reported on Borough budget work sessions held and the May 18,
2010 Borough Assembly Meeting.
ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following:
She attended the Kenai Central High School awards ceremony and
presented Student Representative Johnson with a gift from the City.
She presented thank you certificates to Molly Graves, Lee Ann Magiera,
and Maya Johnson at the Kenai Chamber meeting.
She attended the British Petroleum Teacher Awards dinner.
She and Council Member Marquis met with members of the Kenai
Historic Society to discuss some events for the 50th anniversary, noting the major
event would be around the Fourth of July; and, she would be ordering some balloons,
pins, etc. for the event from the Legislative budget.
Suggested purchase of a smart board for the Council Chambers. The
City Clerk and City Manager were requested to investigate costs, etc.
She distributed evaluation forms for the Clerk and City Manager
evaluations scheduled for the June 2, 2010 meeting.
Reminded all of the Soap Box Derby and the Little League Opening
Ceremony that were scheduled for the weekend.
ITEM J: ADMINISTRATION REPORTS
J -1. City Manager City Manager Koch reported the following:
Referred to the bird hazing dog reported included in the packet.
Requested a work session be held at 5:30 on June 2, 2010 to discuss
water treatment options. There were no objections.
Requested Council make Administration aware of any budget items not
already discussed that may come up with the public hearing of the budget ordinance.
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 18
Reported Senators Begich and Murkowski would be reading at the library
on July 8 at 2:00 p.m.
He planned to attend the Municipal Managers meeting in Kodiak.
PERS was recalculated and could be a cost of S600,000- 700,000 a year
for the City if the State did not contribute.
J -2. Attorney City Attorney Stearns reported the following:
A report on the Alaska Bar Association Conference was included in the
packet.
future,
She would be filing suits on two Planning Zoning issues in the near
She would be out of the office the afternoon of May 26 to attend an event
in Anchorage where jurists from Russia would be attending. She would be back in the
office the afternoon of May 27.
She would be on vacation beginning May 28.
Suggested removing Resolution No. 2010 -15 (related to HB 266) from
Pending Litigation because the bill died with the ending of the second session of the
Legislature. There were no objections from Council.
Stearns was thanked for her coordination and assistance in developing Ordinance No,
2480 -2010.
J -3. City Clerk City Clerk Freas reported the following:
Reminder of the Budget work session scheduled for Monday, May 24,
2010 at 6:00 p.m. A packet would be prepared and available Friday afternoon.
She and Deputy Clerk Hall had hosted a kindergarten class from Aurora
Borealis Charter School who visited to talk about elections. A ballot was prepared to
determine a favorite fruit. Students presented the City with a birthday card
recognizing the City's 50th anniversary of its incorporation.
ITEM K: DISCUSSION
K -1.
Citizens (Public comment limited to 5 minutes per speaker)
Mark Schrag, 312 Princess Lane, Kenai Thanked the City for holding the Town
Hall meeting and work session and hoped the process would be continued.
Carol Bannock, 1908 Aliak Street, Kenai Congratulated Student Representative
Coffman and thanked Council for partnering with the Chamber for the Fourth of July
celebration.
K -2. Council
Boyle No comments.
Molloy Welcomed Student Representative Coffman.
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 19
Marquis Referred to a recent letter to the editor appearing in the newspaper in
which it had been implied the facilitators of the Town Hall Meeting presented ideas to
the City when in reality, the ideas gathered at the meeting were from the public, not
the facilitators.
Asked who placed the wind energy article in the Council Members'
mailboxes. Mayor Porter noted the article had been given to her and she was asked to
distribute it to the Council.
Welcomed Coffman.
Coffman Gave an update of activities at school, including finals were completed,
last day of school would be on Friday, and the soccer, softball, and track programs
would complete their seasons over the weekend.
Eldridge The EDD would hold a retreat and annual meeting on Friday, May 21,
2010.
Welcomed Coffman.
Questioned if a groundbreaking for O'Reilly's had been scheduled.
Answer was no.
Moore Welcomed Coffman.
Congratulated Council and Administration on coordination and
development of Ordinance No. 2480 -2010.
Challenged Council to get back on track serving the citizens and added,
he thought Council should be working on the list from the Town Hall meeting.
Smalley Welcomed Coffman.
During the summer AML meeting in Kodiak, a tour of the wind turbine
project in Kodiak would be available.
EXECUTIVE SESSION None Scheduled
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
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
KENAI CITY COUNCIL MEETING
MAY 19, 2010
PAGE 20
There being no further business to come before the Council, the meeting was
adjourned at approximately 10:40 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.
APPROVED BY COUNCIL
0 Mi/0
DATE CI CLERK