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HomeMy WebLinkAbout2010-06-02 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 2, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: ww w. 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 comments 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. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. 2. 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. 3. 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. 4. Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 5. 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. 6. Resolution No. 2010 -31 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of a Commercial Building in the City. 7. Resolution No. 2010 -32 Awarding a Contract to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales, for Furnishing and Dispensing of Diesel and Unleaded Fuel. ITEM E: MINUTES 1. *Regular Meeting of May 19, 2010. 2. *May 24, 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. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That Underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper. 4. *Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. 5. *Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. 6. *Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund and Library Improvements Capital Project Fund. 7. *Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. 8. Action Item Appointment to Kenai Peninsula Borough Planning Commission. 9. Action Item Schedule Work Session /Town Hall Meeting Collaborative Leadership Training Review. 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 Annual Evaluations of City Manager and City Clerk ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. (Clerk's Note: At its May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 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 ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING JUNE 2, 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. ROLL CALL The City Clerk took roll. Present were: Mike Boyle Joe Moore Robert Molloy ADD TO: MOTION: Pat Porter, Mayor Barry Eldridge Ryan Marquis A quorum was present. Student Representative Hannah Coffman: Absent A -3. AGENDA APPROVAL The following changes were requested: ADD TO: ITEM D -1, Ordinance No. 2484 -2010 Hal Smalley, Vice Mayor 6/2/2010 T. Eubank memorandum /FY11 Budgeted Revenues from Property Taxes 6/1/2010 T. Anderson, Director of Assessing, Kenai Peninsula Borough letter related to 2010 Certified Main Roll Values ITEM D -2, Ordinance No. 2485 -2010 6/1/ T. Eubank Memorandum identifying required amendments and suggested amendment language. Council Member Smalley MOVED for approval of the agenda as amended with the listed items and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the Consent Agenda as submitted and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Council Member Moore requested Ordinance No. 2493 -2010 be removed from the consent agenda and Council Member Marquis requested to remove Minutes of the May 19, 2010 meeting from the consent agenda. MOTION: There were no objections. SO ORDERED. ITEM B: None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. 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.) D -1. Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2484 -2010 and Council Member Moore SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO AMEND: SCHEDULED PUBLIC COMMENTS (Public comments iimited to 10 minutes per speaker) Boyle No Porter No Smalley No Moore Yes Eldridge Yes Marquis No Molloy No KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 3 Council Member Moore MOVED to amend Ordinance No. 2484 -2010 by reducing the budget by approximately S220,000 or 2.35 mills. Council Member Eldridge SECONDED the motion. Council discussion followed with comments including: It was Council's goal to have a balanced budget and with the lay -down information provided, the projected surplus would be less. Lowering the mill rate would send a message to the taxpayers and businesses the City recognized the economic downturn affecting them. Kenai would have the lowest mill rate in the Borough. There was potential for a need to increase the mill rate next year due to PERS costs and if the three firefighter positions would be filled. Did not support lowering the mill rate this year only to come back next year and increase it. Correction stated by City Manager Koch the PERS increase he stated in other discussions had not been accurate. The increase to the City's participation would be .5 mills. With new homes predominantly being built outside the city limits due to lower interest rates, belief anything that could be done to offer a lower mill rate could encourage homes to be built inside the city limits If the amendment passed, and with the new assessed value information incorporated, there would be a 544,910 surplus. If the mill rate was decreased and the firefighter positions were not grant funded, there would be a $232,000 deficit. Could not support the suggested reduction when knowing the grant funding for the firefighter positions might not be received. The firefighter positions were not included in the budget before Council. The current budget surplus could be used for any purpose. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION FAILED. MOTION TO AMEND: Council Member Smalley MOVED to amend Ordinance No. 2484 -2010 by deleting the truck (33 -8064) at the cost of 541,741. Council Member Boyle SECONDED the motion. Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis No Molloy Yes Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis No Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 4 Discussion followed with comments including: Without a new truck, the City would be less able to respond to snowfall and sanding needs. The truck was used a portion of the winter and it was not known when the frame on the truck was bent. The current truck was not used with the knowledge it had a bent frame. The current truck had not been taken to a frame straightening business; and the shop foreman recommended it be replaced. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION FAILED. MOTION TO AMEND: Council Member Smalley MOVED to delete $10,000 under Parks for planning design of large playground. Council Member Boyle SECONDED the motion. Council comments included: Support as citizens would like to have the park developed. The funds would be used for purchase of a large multi -age piece of playground equipment. There was no prior knowledge for the purchase; the equipment was not discussed with the Parks Recreation Commission; and, belief more discussion was needed. Belief there was a better way to fund and have the Commission more involved in the decision. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION FAILED. MOTION TO AMEND: Boyle Yes Porter No Smalley Yes Moore No Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis No Molloy No KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 5 Council Member Smalley MOVED to delete the Ryan's Creek Fencing, an $11,000 item. Council Member Molloy SECONDED the motion. Council comments included: Felt it the cost of the project and responsibility was that of Safeway and the property owner. The funds would provide for a survey of the property boundary and installation of a fence behind Safeway. With a discussion with the property owner, felt more effort would be taken by the owner to take care of the problem. Most of the oil and salt runoff was caused by vehicles parked in the parking lot. If less snow was pushed toward the Creek, there should be less hydrocarbons, etc. going into the Creek. It is City property, and the City needed to be good stewards of its land. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION FAILED. MOTION TO AMEND: Council Member Smalley MOVED to add to the Legislative budget, a donation to Kenai Peninsula Food Bank of S5,000. Council Member Boyle SECONDED the motion. Council comments included: Because there were eliminations of donations to other non profits, belief it would not be fair to make this donation. Other non profits were supported; this donation would show support of the Food Bank that benefits other organizations, as well as the Kenai Senior Center; and, felt the donation would support the City being a good steward to the Food Bank. Support of the amendment. VOTE ON AMENDMENT: *Student Representative Coffman: Absent Boyle Yes .Porter No Smalley Yes Moore No Eldridge No Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 6 MOTION PASSED. MOTION TO AMEND: Council Member Smalley MOVED to amend the ordinance by placing 520,000 in the Planning Zoning (4531) Comprehensive Plan Development budget so an Old Town Study becomes part of the Plan. Council Member Boyle SECONDED the motion. Council comments included: Support of the amendment. Suggestion to do a development plan for Old Town after the Comprehensive Plan is completed. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION PASSED. MOTION TO AMEND: Council Member Smalley MOVED to take the Deputy Clerk position to full time at an addition of S39,719. Council Member Boyle SECONDED the motion. Council comments included: Lack of support as felt the change was not justifiable. Understood discussion of the position change would come after a. new job description was written and discuss again in September along with discussion of firefighter positions. Support for the change as the process should start now. If amount was left at $39,719, it would leave the Finance position half funded. The Finance position would be half funded only if the position would be left at full time. There is need for both full -time positions; the positions should be funded and not actually fill the positions until the second quarter of the fiscal year when discussing the firefighter positions; a budget adjustment could be made at that time; and, want to make the commitment at this time Lack of support for adding clerical staff. Felt the need for a full -time Deputy Clerk but could not support until discuss the firefighter positions. Bo le Yes Porter Yes Smalley Yes Moore Yes Eldrid•e Yes Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis No Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 7 VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION FAILED. MOTION TO AMEND: Council Member Marquis MOVED to amend by removing the IT Manager position and deleting $101,217. Council Member Boyle SECONDED the motion. Council comments included: If the IT position would be eliminated, 560,000 was needed to be included in the budget to cover costs for the contracted IT services. Benefit of the position would be to have someone on staff instead of a calling a consultant. Belief the position was warranted. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION PASSED. MOTION TO AMEND: Council Member Marquis MOVED to include $60,000 back into the Finance Department budget and Council Member Smalley SECONDED the motion. There were no Council comments. VOTE ON AMENDMENT: *Student Representative Coffman: Absent Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis No Molloy No KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 8 MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Smalley MOVED to include in Legislative Miscellaneous (5041), $10,000 for support for the Gag Law Legal Fund to fight the gag law. Council Member Boyle SECONDED the motion. Council comments included: Intent would be to appropriate the funds to Alaska Municipal League (AML) for their efforts to inform voters, etc. AML was pooling funds from other Alaska communities in an effort to gather S1 Million to fight the initiative. Philosophical opposition to fund an effort that would be against the citizens of the State. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION FAILED. MOTION TO AMEND: Council Member Boyle MOVED to amend by adding in the Capital Projects #2), Wind Generator System, adding $90,000 for a wind generator. Council Member Smalley SECONDED the motion. BREAK TAKEN: 8:04 P.M. BACK TO ORDER: 8:12 P.M. Council comments included: Lack of support. Understood the study would be completed and a suitable location found before moving forwarding to install a wind generator. Administration recommended including S20,000 for a study; find a suitable location; specify hardware; have a cost estimate completed; and, look for funding Funding was eliminated due to the insurance cost update; research already done suggested a location by the airport; people of Kenai made a definite statement in wanting to move forward with a wind project; there would be savings to Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore No Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 9 the City from the project; and, it made sense economically to move forward with a wind generator project. Previous information provided was not site specific; wanted the study to move forward and include the $90,000 to move ahead as soon as possible after the study completion. The first step would be to do a study and when a site was chosen, would support a wind generator. Support for adding the funding and the study; belief the study needed to take place first; would like to see results of the study; if a study could be completed in 30 -90 days, why not move forward with the project during the next fiscal year. Supported the $20,000, but if the S90,000 was added, concern a firefighter position would not be funded; and, adding the funds would not allow a balanced budget. If added, would prefer it come back as a capital project. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION PASSED. VOTE ON MAIN AMENDED MOTION: *Student Representative Coffman: Absent MOTION PASSED. D -2. 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. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2485 -2010 and Council Member Smalley SECONDED the motion. Boyle Yes Porter Yes Yes Smalley_ Marquis Yes Yes Moore Yes Eldridge Molloy Yes Yes Boyle Yes 1 Porter Yes Smalley Yes Moore Yes i Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 10 The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2485 -2010 as indicated in the lay -down memorandum from Finance Director Eubank (insert S3,305,567 in the first blank of the fourth Whereas; insert $3,022,522.92 in the second blank of the fourth Whereas; and, in the fifth Whereas, replace $658,157 with 5591,268). Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Absent MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative Coffman: Absent MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by S8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2486 -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 Coffman: Absent Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle !Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 11 MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. MOTION: Council Member Marquis MOVED for adoption of Ordinance No. 2487 -2010 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Absent MOTION PASSED UNANIMOUSLY. D -5. 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. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2488 -2010 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 12 *Student Representative Coffman: Absent MOTION PASSED UNANIMOUSLY. D -6. MOTION: Resolution No. 2010 -31 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of a Commercial Building in the City. Council Member Eldridge MOVED for approval of Resolution No. 2010 -31 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. It was explained what the additional steps would be prior to issuance of the bonds. It was also noted, there would be no cost to the City or creation of debt to the City with regard to the bonds. VOTE: There were no objections. SO ORDERED. D -7. MOTION: Resolution No. 2010 -32 Awarding a Contract to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales, for Furnishing and Dispensing of Diesel and Unleaded Fuel. Council Member Smalley MOVED for adoption of Resolution No. 2010 -32. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was explained which gas station would be used. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. Regular Meeting of May 19, 2010 Removed from Consent Agenda. KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 13 MOTION: Council Member Marquis MOVED to correct the minutes at Item 3 -5a, correcting the resolution number from 209 -68 to 2009 -68 and approve the minutes as corrected. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. E -2. agenda.. May 24, 2010 Budget Work Session Notes Approved by consent 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 $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 14 G -3. Ordinance No. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That Underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper. Introduced by approval of the Consent Agenda.. G -4. Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. Introduced by approval of the Consent Agenda. G -5. Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. Introduced by approval of the Consent Agenda. G -6. Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund and Library Improvements Capital Project Fund. Introduced by approval of the Consent Agenda. G -7. Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. Removed from the Consent Agenda. MOTION TO INTRODUCE: Council Member Boyle MOVED to introduce Ordinance No. 2493 -2010 and Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to be heard, the public hearing was closed. Council comments included: Ordinance No. 2493 -2010 was a re- introduction of an ordinance introduced during the last year, was postponed, and then removed from pending legislation. Residents of the beach area requested an ordinance be considered, although no plan was submitted. Boyle Yes Porter No Smalley Yes Moore No Eldridge No Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 15 The ordinance did not reflect comments made during the work session with residents. Better to wait until after the fishing season. Suggestion the introduction be defeated and a new ordinance be developed incorporating concerns from the work session and bring it back for consideration next year. An ordinance was drafted by Administration related to both speed limits on the beach and off -road vehicle use on the beach as well as throughout the City. Current code allows for ten mph in the proximity of people and 25 mph away from people. The reason a new ordinance was brought forward was because the previous ordinance was tabled and then removed from pending legislation because no substitute ordinance had been provided for consideration. Main concern is the safety of people on the beach. Administration could bring a substitute ordinance forward at the next meeting as it was nearly finalized, though would be better to bring it forward after the dip net season to see what kind of problems may take place that would need to be addressed in the ordinance. Suggestion to postpone or to introduce and then postpone and placed in pending legislation as a reminder. VOTE ON INTRODUCTION: *Student Representative Coffman. Absent MOTION PASSED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2493 -2010 for public hearing at the first meeting in August, 2010. Council Member Smalley SECONDED the motion. Council comments included: Suggestion to postpone to September after the fishing season in order to include the set netters in the conversation. Intent was to allow Administration and Council Member Boyle to prepare a substitute incorporating comments received during the work session. If additional time was needed, the ordinance could be postponed to another date. VOTE ON POSTPONEMENT: Boyle No Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 16 *Student Representative Coffman: Absent MOTION PASSED. G -8. Action Item Appointment to Kenai Peninsula Borough Planning Commission. MOTION: Council Member Smalley MOVED to recommend Philip W. Bryson be appointed to the Kenai Peninsula Borough Planning Commission and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. G -9. Action Item Schedule Work Session /Town Hall Meeting Collaborative Leadership Training Review. Council requested the item be placed on the August 18, 2010 Council meeting agenda. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle noted the May 13, 2010 meeting summary was included in the packet and noted the next meeting was scheduled for June 10, 2010. H-2. Airport Commission Council Member Moore reported the May 13, 2010 meeting had been cancelled and reminded all of the Air Fair event on June 5. H -3. Harbor Commission Council Member Smalley reported the next meeting was scheduled to be held on June 7, 2010. H -4. Library Commission Council Member Marquis reported the June 1 meeting had been cancelled due to a lack of quorum and the next meeting was scheduled for August 3, 2010. KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 17 H -5. Parks Recreation Commission Council Member Boyle reported the Commission met in a work session with members of the public to discuss development of a park on Marathon Road which was well attended. 11-6. Planning Zoning Commission Council Member Molloy reported on actions taken at the May 26, 2010 meeting, noting the meeting minutes were included in the packet. The next meeting would be held on June 9, 2010. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported he would be attending a teleconferenced meeting on June 3 related to the gag law initiative. H -7c. Mini -Grant Steering Committee Council Member Moore reviewed the May 21, 2010 meeting summary which was included in the packet. H -7d. Kenai Convention Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported the next meeting was scheduled for June 8, 2010. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: The Spring /Summer newsletter was mailed and reviewed an adopt -a- street program discussed in the document. She attended the Little League opener, Soap Box Derby, and the Alternative School graduation. She attended the weekly Chamber of Commerce luncheon at which Senator Murkowski was the speaker. Noted there were dead trees needing to be removed at the multipurpose facility. Comment was made there were other areas of the City needing trees removed and encouraged Administration to seek funding for a removal project. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch's report included the following: Comments related to the work session held prior to the meeting on water treatment options. Administration was exploring a layout for additional Airport lease lots which would not require a significant amount of capital from the Airport Fund. Met with airport lessees regarding five -year re- evaluation of leases. Expected to know by late on June 8 with regard to whether State funds would be awarded to the City of Kenai. Forwarded bluff stabilization project information to Senator Murkowski for inclusion in the Water Resources Development Act bill. KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 18 Explained the City of Kenai was the only municipality in the Borough requesting funding through a Recovery Zone bond. Noted the Parks Recreation Commission work session related to the development of a park on Marathon Road was very successful due to the efforts of Parks Recreation Director Frates. Referred to the article included in the packet entitled, "Top 200 Towns for Outdoorsmen" where Kenai was listed as No. 32. Reported he omitted the resolution setting the mill levy on the meetings agenda and requested a special Council meeting be held on Monday, June 7, 2010 for that purpose. Council scheduled a special Council meeting for Monday, June 7, 2010 to be held in the Council Chambers and begin at 7:00 p.m. J -2. Attorney No report. J -3. City Clerk Clerk Freas noted the following information: Referencing the Scheduling of a Work Session related to the Town Hall meeting and Collaborative Leadership Training Review which was included on the agenda, she noted it was requested by the Mayor to be included on the agenda during the May 19, 2010 Council Meeting. The information was requested to be placed in the packet when Resolution No. 2009 -68 would be before Council again. Presented Council with a photo submitted by the 2010 Kenai Central High School Girls Soccer Team to say thank you for the City's support. Referred to her memorandum included in the packet which explained the Board. of Adjustment Hearing in the Goggia matter, was cancelled due to the withdrawal of the appeal. ITEM K: DISCUSSION K -1. Citizens (Public comment lim to 5 minutes per speaker) None. K -2. Council Smalley Commented on the budget process and noted he met with the City Manager and Finance Director with budget related questions and stated his intentions for possible amendments. Amendments to the budget must be made during a Council meeting and may not be done during a work session. The Council appreciated the taxpayers and the City employees and were thankful of the work done and the efforts to make the City of Kenai the best place to work, live and recreate. Moore No comments. Eldridge Stated the budget hearing were the most grueling in which he had been involved; it is important for all Council members to attend budget work sessions; KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 19 the budget was balanced with a surplus and the mill rate would (if approved) would match the mill rate of the Kalifornsky Beach Road area. Marquis Commented on the budget process. Molloy Thanked the Airport Manager for the Air Fair t- shirts. Agreed with the commendation to the Finance Director for the work on the recovery zone financing. Appreciated the information related to the work session and water treatment options. The birding festival, which took place over the weekend, was well attended and thanked the various organizations involved. Boyle Thanked the Airport Manager for the Air Fair t- shirt. Referring to the Outdoorsman article, noted the City of Kenai was included in sub categories as well. BREAK TAKEN: 9:32 P.M. BACK TO ORDER: 9:40 P.M. EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk MOTION: Council Member Smalley MOVED to convene in an executive session of the Council of the City of Kenai, pursuant to KMC 1.15.030, the City of Kenai Charter, and Alaska Statutes 29.20.020 and 44.62.310, to conduct the annual evaluation of the City Manager, which was a matter that could tend to prejudice the reputation and character of another. The Council would convene first and then call in the City Manager to attend. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. EXECUTIVE SESSION: 9:45 P.M. BACK TO ORDER 9:50 P.M. Council Member Smalley reported that while in executive session, Council determined they would like to complete the evaluation process of the City Manager and City Clerk after the special meeting scheduled for Monday, June 7, 2010. Mayor Porter noted Council also discussed and would prefer to schedule evaluations separately from council meeting dates in the future. KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 20 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. (Clerk's Note: At its May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 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 to come before the Council the meeting was adjourned at approximately 9:54 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 SY COUNCIL RATE