HomeMy WebLinkAbout2010-08-18 Council MinutesITEM A: CALL TO ORDER
ITEM C:
ITEM D:
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
AUGUST 18, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htip://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.)
*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 mi
per speaker)
1. Tom Sloan, Kenai Peninsula Economic Development District
Business Gap Analysis Survey
2. Trent Dodson, Director of Public Outreach for Cook Inlet, Cook Inlet
Regional Citizens Advisory Council Update on Cook Inlet Regional
Citizens Advisory Council Activities.
UNSCHEDULED PUBLIC COMMENTS (Public comment iimited to 3
minutes per speaker)
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. 2499 -2010 Amending KMC Chapter 12.10, Nuisances
in General, to Include in the Definition of a Public Nuisance Unsightly
Premises and Also Certain Structures Destroyed or Partially Destroyed
by Fire or by Other Means.
(Clerk's Note: At its August 4, 2010 meeting, Council postponed action on
Ordinance No. 2499 -2010 to August 18, 2010. The motion to adopt is active and
on the floor.)
2. Ordinance No. 2500 -2010 Increasing Estimated Revenues and
Appropriations by $11,869.00 in the Airport Fund and by $474,760.00 in
the Runway Improvement Capital Project Fund for Additional Changes of
the Airport Apron Pavement Rehabilitation Project.
3 Ordinance No. 2501 -2010 Increasing Estimated Revenues and
Appropriations in the Airport and Airport Improvement Capital Project
Fund for Preparation of an Airport Master Plan.
4. Ordinance No. 2502 -2010 Increasing Estimated Revenues and
Appropriations by S6,300.00 in the General Fund for a Library Grant.
5. Ordinance No. 2503 -2010 Increasing Estimated Revenues and
Appropriations by $1,000.00 in the General Fund for Library Travel and
Transportation.
6. Ordinance No. 2504 -2010 Increasing Estimated Revenues and
Appropriations by $281.80 in the PRISM Special Revenue Fund.
7. Ordinance No. 2505 -2010 Increasing Estimated Revenues and
Appropriations by $7,600.00 in the Senior Citizens Fund for Funding
Received From Kenai Senior Connection, Inc. for a Part -Time Data Entry
Position at the Senior Center.
8. Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map
by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General
Commercial (CO) to Limited Commercial (LC).
9. Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to
Require that Destroyed or Partially Destroyed Non- Conforming
Structures Be Removed Unless the Partial Destruction is Fifty Percent
(50 or Less of the Replacement Cost in Which Event the Owner Must
Obtain a Building Permit Within Twelve (12) Months From the Date of
the Damage or Destruction or Remove the Remaining Structure.
10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and
Appropriations by $150,000.00 in the Municipal Park Improvements
Capital Project Fund.
11. Resolution 2010 -48 Awarding a Contract to Kenai Welding for the
Project Entitled Kenai North Dunes Elevated Light Penetrating
Walkway /Ramps- Supply Related Appurtenances -2010 for the Total
Amount of $34,500.00.
12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted
Stevens.
ITEM E: MINUTES
1. *Regular Meeting of August 4, 2010.
ITEM F: UNFINISHED BUSINESS
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map
by Rezoning Southeast 1/4 Southeast 1/4 Section 4, Township 5 North,
Range 11 West, Seward Meridian (SE 1 /4 SE �/4 Sec. 4, T5N, R11W S.M.)
from Rural Residential (RR) to Heavy Industrial (IH).
4. *Ordinance No. 2510 -2010 Increasing Estimated Revenues and
Appropriations in the Airport Improvement Capital Project Fund for
Phase 1 of the Float Plane Basin Development.
5. *Ordinance No. 2511 -2010 Increasing Estimated Revenues and
Appropriations in the Congregate Housing Improvements Capital Project
Fund for Replacement of the Facility's Siding.
6. Discussion Schedule Council Work Session /Town Hall Meeting and
Collaborative Leadership Training Review.
(Clerk's Note: This topic was originally calendared for discussion at the May 19,
2010 Council Meeting, the item was then postponed to the June 2, 2010 Council
Meeting, and then subsequently deferred to the August 18, 2010 Council
Meeting.)
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: ADDITIONAL PUBLIC COMMENT
1. Citizen Comments (Public comment limited to 5 minutes per speaker)
2. Council Member Comments
EXECUTIVE SESSION None scheduled.
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in
Its Entirety and Specifically Addressing the Procedures for Special meetings of the City
Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City
Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the
September 1, 2010 Council Meeting.)
ITEM M: ADJOURNMENT
Mike Boyle
Pat Porter, Mayor
Hal Smalley, Vice Mayor (Telephonic)
Joe Moore
Barry Eldridge
Ryan Marquis
Robert Molloy
ITEM A: CALL TO ORDER
KENAI CITY COUNCIL REGULAR MEETING
AUGUST 18, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDING
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:
A quorum was present.
Also present: Student Representative Hannah Coffman
A -3. AGENDA APPROVAL
The following changes were requested:
ADD TO:
ADD TO:
MOTION:
VOTE:
Item D -1 and D -9, Ordinance No. 2499 -2010 and Ordinance
No. 2507 -2010 8/16/2010 comments submitted by Susan
Smalley.
Item D -3, Ordinance No. 2501 -2010 8/17/2010 T. Eubank
memorandum with amendment request, explanation, and
suggested wording
Council Member Moore MOVED for approval of the agenda with the requested changes
and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the
motion.
There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 2
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:
There were no objections. SO ORDERED.
ITEM B:
B -1. Tom Sloan, Kenai Peninsula Economic Development District
Business Gap Analysis Survey
Tom Sloan, 14896 Kenai Spur Highway, Kenai Reviewed findings of the Business
Gap Analysis Survey, including economic and employment expectations, barriers to
growth, business improvement, economic development, etc. He noted, this survey
would be used as a baseline and a second survey was planned for next year.
B -2. Trent Dodson, Director of Public Outreach for Cook Inlet, Cook Inlet
Regional Citizens Advisory Council Update on Cook Inlet Regional
Citizens Advisory Council Activities.
Dodson presented an overview of the organization; its funding; triennial certifications,
membership and the geographic areas represented (Anchorage to Kodiak Island
Borough).
BREAK TAKEN: 7:30 P.M.
BACK TO ORDER: 7:38 P.M.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3
minutes per speaker)
Natalia Levitt, P.O. Box 8617, Nikiski Identified herself as the owner of an
apartment building at the corner of Bluff Street and Peninsula Avenue. Levitt spoke in
support of the ordinance related to unsightly premises.
ITEM D:
SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes
per speaker)
PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons
may give their tirne 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.)
Boyle Yes
Porter
Eldrid.e
Yes
Yes
Smalley
1 Marquis
Yes
Yes
Moore Yes
Molloy Yes
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 3
D -1.
(Clerk's Note: At its August 4, 2010 meeting, Council postponed action on Ordinance No.
2499 -2010 to August 18, 2010. The motion to adopt is active and on the floor.)
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
Council comments included:
Expected the Planning 86 Zoning Commission to have made changes,
postponed it, or voted it down; was not ready to support the ordinance as felt it needed
work, i.e. the definition of public nuisance and unsightly premises; and, was
supportive of the section about structures partially or destroyed by fires.
Council gave the Commission a tight deadline; was conceived there were
different Code sections and different processes within the sections, i e different
processes to appeal; suggested a Council work session to discuss possible
amendments, etc.; and, if the ordinance was referred back to the Commission, Council
should provide suggested amendments or a joint work session.
Was surprised the Commission did not make any changes to the
ordinance; was uncomfortable with the word "unsightly" as it was broad and
subjective; and, appreciated the ideas of the ordinance but felt it too broad and
ambiguous.
Had concerns with subparagraph "r" and subparagraph "q did not think
the ordinance suited the Alaska mentality; felt the ordinance was broad and
subjective; and, felt the ordinance needed to be pared down.
When initially discussed, the ordinance was to be about managing
burned out buildings and suggested removal of subparagraph "r."
MOTION TO AMEND:
Council Member Marquis MOVED to amend by removing Section 2, subparagraph "r"
and Council Member Molloy SECONDED the motion.
VOTE ON AMENDMENT:
Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances
in General, to Include in the Definition of a Public Nuisance Unsightly
Premises and Also Certain Structures Destroyed or Partially Destroyed
by Fire or by Other Means.
`Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
Boyle
Yes
Porter
Yes
Smalley Res
Moore
Yes
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter L No
Smalley
Yes
Moore
No
Eldridge i No
Marquis
No
Molloy
Yes
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 4
Discussion continued with comments including:
Concern the process was being piecemealed because there were different
processes within Chapters 12 and 14 of the Code.
City Attorney Stearns noted there were different procedures and reviewed
both.
Belief it would be worthy of a work session to review both processes more
thoroughly and concern there could be unintended consequences because of the
differences.
Believe there were conflicts between the processes and believed the
definitions included in the definitions (noting subparagraph i), needed to be
addressed.
Supportive of the ordinance as amended, but was not opposed to
receiving a legal opinion or holding a work session.
Was supportive of the ordinance as amended.
Objection to subparagraph "q" and the use of the word "unsightly."
MOTION TO AMEND:
Council Member Eldridge MOVED to amend by deleting "unsightly," in Section 2,
subparagraph "q," second line. Council Member Marquis SECONDED the motion.
VOTE ON AMENDMENT:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone the ordinance as amended for an
additional public hearing at the first meeting in September and Council Member Boyle
SECONDED the motion.
VOTE:
*Student Representative Coffman: No
MOTION FAILED.
Boyle
Yes
Porter
Yes
Smalley
Yes
M oore
Yes
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
No
Porter
Yes
Smalley
No
Moore
Yes
Eldridge
Yes
Marquis
Yes
Molloy
No
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 5
VOTE ON MAIN AMENDED MOTION:
*Student Representative Coffman: Yes
MOTION PASSED.
D -2. Ordinance No. 2500 -2010 Increasing Estimated Revenues and
Appropriations by S11,869.00 in the Airport Fund and by $474,760.00 in
the Runway Improvement Capital Project Fund for Additional Changes of
the Airport Apron Pavement Rehabilitation Project.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2500-2010 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: Yes
MOTION PASSED UNANIMOUSLY.
D -3. Ordinance No. 2501 -2010 Increasing Estimated Revenues and
Appropriations in the Airport and Airport Improvement Capital Project
Fund for Preparation of an Airport Master Plan.
MOTION:
Council Member Eldridge MOVED to adopt Ordinance No. 2501 -2010 and Council
Member Marquis SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. It was noted, the consultant to be used had not yet been
chosen.
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Marquis
Yes
Yes
Moore
Yes
Eldridge
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Yes
Smalley
Marquis
Yes
Yes
Moore
Yes
Eldridge
Mollo
Yes
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 6
MOTION TO AMEND:
Council Member Moore MOVED to amend Ordinance No. 2501 -2010 by replacing the
amount $559,587 in the third 'Whereas' with $531,608 and to replace the amount
$573,577 with 5559,587.
VOTE ON AMENDMENT:
*Student Representative Coffman. Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -4. Ordinance No. 2502 -2010 Increasing Estimated Revenues and
Appropriations by $6,300.00 in the General Fund for a Library Grant.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2502 -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: Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
Molloy Yes
Boyle
Yes
Yes
Porter
Eldridge
Yes
Yes
Smalley
Marquis
Yes
Yes
Moore
Molloy
Yes
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 7
MOTION PASSED UNANIMOUSLY.
D -5.
MOTION:
Ordinance No. 2503 -2010 Increasing Estimated Revenues and
Appropriations by $1,000.00 in the General Fund for Library Travel and
Transportation.
Council Member Marquis MOVED for adoption of Ordinance No. 2503 -2010 and
Council Member Molloy 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: Yes
MOTION PASSED UNANIMOUSLY.
D -6. Ordinance No. 2504 -2010 Increasing Estimated Revenues and
Appropriations by S281.80 in the PRISM Special Revenue Fund.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2504 -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: Yes
MOTION PASSED UNANIMOUSLY.
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
Molloy
Yes
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 8
D -7.
This item
MOTION:
Council Member Boyle MOVED to enact Ordinance No. 2505 -2010 and Council
Member Marquis SECONDED the motion.
The floor was opened for public hearing. Being no on wishing to speak, the public
hearing was closed. Council comments included:
Support of the ordinance.
Thanks to the Senior Connection for its generosity.
VOTE:
Ordinance No. 2505 -2010 Increasing Estimated Revenues and
Appropriations by $7,600.00 in the Senior Citizens Fund for Funding
Received From Kenai Senior Connection, Inc. for a Part -Time Data Entry
Position at the Senior Center.
as heard prior to Item D -2, Ordinance No. 2500 -2010.
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -8. Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map
by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General
Commercial (CO) to Limited Commercial (LC).
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2506 -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. Council comments included:
Concern the rezoning of the property could be considered spot zoning.
Marilyn Kebschull, City Planner Reviewed the zoning information, noting the
designation of primary and secondary uses were defined in the Land Use Table, as well
as the criteria of location. She added, the second use had to be clearly incidental.
Council comments continued:
Boyle
No
Porter
No
Smalley
No
Moore
No
Eldridge
No
Marquis
No
Molloy
No
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 9
Suggestion a legal opinion of whether the rezone would be considered
spot zoning.
Because of the complexity of the issue and the size of the lot, the issue
would need to be further analyzed in order to prepare a legal opinion.
Belief the City Attorney should have been involved in the determination
of whether this rezone would be considered spot zoning.
The Planning 86 Zoning Commission unanimously approved the rezone;
the property had structures on it; some of the businesses across the street were
residences; and, there may be other properties in that area that would be better
defined as general commercial.
Question of whether other people in the area showed any interest in the
rezone to limited commercial. City Planner noted all were noticed, but no one
commented or requested to be included in the rezone.
MOTION TO POSTPONE:
Council Member Marquis MOVED to postpone to the next Council meeting and
Council Member Boyle SECONDED the motion.
Comments continued:
Question of whether the ordinance should be referred back to the
Commission with a legal opinion included; there was no public opposition to the
rezone; and, who would be the complainant if it was considered spot zoning.
Kebschull noted it would be a six to eight -week process to refer it back to
the Commission and then bring it forward to the Council for consideration, plus 30
days prior to the ordinance becoming effective, and it was not known if a sale was
pending, however it was known the owner was preparing the property for sale.
City Attorney Stearns noted she helped in preparing the ordinance; there
was no substantive review; and, she was not asked about the legality of the issue.
Would support the ordinance, but preferred having a legal opinion at the
time of consideration.
Would support the ordinance, but would like legal counsel involvement
in the future.
VOTE ON POSTPONEMENT:
*Student Representative Coffman. No
MOTION FAILED UNANIMOUSLY.
Bo le
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldrid :e
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
Moore
Yes
Eldridge
Yes
Marquis
Yes
Molloy
Yes
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 10
VOTE:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -9. Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to
Require that Destroyed or Partially Destroyed Non Conforming
Structures Be Removed Unless the Partial Destruction is Fifty Percent
(50 or Less of the Replacement Cost in Which Event the Owner Must
Obtain a Building Permit Within Twelve (12) Months From the Date of
the Damage or Destruction or Remove the Remaining Structure.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2507 -2010 and
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 Council comments.
VOTE:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
City Attorney Stearns noted a typographical error on Page 2, Section 2 where reference
to 12.20.050 should be 14.20.050. The error would be corrected when published.
D -10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and
Appropriations by S150,000.00 in the Municipal Park Improvements
Capital Project Fund.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2508 -2010 and
Council Member Marquis SECONDED the motion.
Boyle
Yes
Porter
Yes
Yes
Smalley
Marquis
Yes
Yes
Moore
Yes
Eldridge
Molloy
Yes
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 11
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: Yes
MOTION PASSED UNANIMOUSLY.
D -11.
MOTION:
Council Member Marquis MOVED for approval of Resolution No. 2010 -48 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
Resolution 2010 -48 Awarding a Contract to Kenai Welding for the
Project Entitled Kenai North Dunes Elevated Light Penetrating
Walkway /Ramps Supply Related Appurtenances -2010 for the Total
Amount of 534,500.00.
There were no objections. SO ORDERED.
D -12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted
Stevens.
MOTION:
Council Member Marquis MOVED for approval of Resolution No. 2010 -49 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. Mayor Porter noted she attended the funeral and it was a
very nice tribute to Senator Stevens.
VOTE:
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 12
There were no objections. SO ORDERED.
BREAK TAKEN: 8:45 P.M.
BACK TO ORDER: 8:51 P.M.
ITEM E: MINUTES
E -1. *Regular Meeting of August 4, 2010 Approved by consent agenda.
ITEM F. UNFINISHED BUSINESS None.
ITEM G: NEW BUSINESS
G -1. Ratification of Bills
MOTION:
Council Marquis MOVED to ratify the bills. Council Member Eldridge SECONDED the
motion and requested UNANIMOUS CONSENT.
VOTE:
There were no objections. SO ORDERED.
G -2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Marquis MOVED for approval of the purchase orders exceeding
$15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge
SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
G -3. *Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map
by Rezoning Southeast Y4 Southeast 1 Section 4, Township 5 North,
Range 11 West, Seward Meridian (SE /4 SE 1/4 Sec. 4, T5N, RI1W S.M.)
from Rural Residential (RR) to Heavy Industrial (IH).
Introduction approved by approval of the consent agenda.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 13
G -4. *Ordinance No. 2510 -2010 Increasing Estimated Revenues and
Appropriations in the Airport Improvement Capital Project Fund for
Phase 1 of the Float Plane Basin Development.
Introduction approved by approval of the consent agenda.
G -5. *Ordinance No. 2511 -2010 Increasing Estimated Revenues and
Appropriations in the Congregate Housing Improvements Capital Project
Fund for Replacement of the Facility's Siding.
Introduction approved by approval of the consent agenda.
G -6. Discussion Schedule Council Work Session /Town Hall Meeting and
Collaborative Leadership Training Review.
(Clerk's Note: This topic was originally calendared for discussion at the May 19, 2010
Council Meeting, the item was then postponed to the June 2, 2010 Council Meeting, and
then subsequently deferred to the August 18, 2010 Council Meeting.)
It was noted, the initial reason for the work session was to discuss comments and
issues discussed at the Town Hall meeting as well as feedback received since the Town
Hall meeting was held; some consensus items had already been acted upon; and, the
issues of protecting residential neighborhoods and green spaces had not yet been
discussed, however a presentation by representatives of one residential neighborhood
was planned for an upcoming Planning Zoning Commission meeting.
Consensus of Council was for Administration to address issues and provide that
information to the people who attended the Town Hall meeting; to prepare a list of
objectives and distribute them to all commissions /committees for review and
discussion; and, to provide a report for distribution to the next Council to be seated in
October.
No work session was scheduled.
ITEM H: COMMISSION /COMMITTEE REPORTS
H -1. Council on Aging Council Member Boyle reported the August meeting
had been cancelled. He added, he met with a representative of Congressman Young's
office at the Senior Center and met with residents who discussed adding a garage to
the facility as a potential project.
11-2. Airport Commission Council Member Moore reviewed the August 12,
2010 meeting summary which was included in the packet and referred to the Airport
Manager report also included in the packet.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 14
H -3. Harbor Commission Council Member Boyle reported a work session
was held during the afternoon of August 9 where members toured the dock, however
there was not a quorum available for the regular meeting scheduled for that evening.
A brief discussion took place related to the ability for commission /committee members
to requested excused absences. Porter stated she would meet with Administration to
discuss amendments to the Code to simplify the process. It was also suggested
Council discuss consolidation of some commissions again.
11-4. Library Commission Council Member Marquis reported the next
meeting was scheduled for September 7, 2010.
11-5. Parks Recreation Commission Council Member Boyle reported on
the meeting held on August 5, 2010 and noted the meeting summary was included in
the packet.
H -6. Planning Zoning Commission Council Member Molloy reviewed the
minutes of the August 11, 2010 meeting which were included in the packet.
H -7. Miscellaneous Commissions and Committees
H -7a. Beautification Committee No meeting
H -7b. Alaska Municipal League Report Council Member Smalley stated he
was in Kodiak attending the AML Summer Meeting and reported discussions were
ongoing related to resolutions, policies and procedures.
H -7c. Mini -Grant Steering Committee No report.
H 7d. Kenai Convention Visitors Bureau No report
H -7e. Reports of KPB Assembly, Legislators and Councils Assembly
Member Smalley reported on actions and discussions that took place at the August
17, 2010 Assembly meeting.
ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following
items:
Requested Council consideration to amend the policy related to the
Student Representative voting order.
Attended a recent Coast Guard Awards program; attended the Harbor
Commission's work session and toured the dock; and, attended Senator Stevens'
funeral. service.
Made a presentation to children attending a Healthy Communities event.
ITEM J: ADMINISTRATION REPORTS
J -1. City Manager Acting City Manager Eubank reported the following:
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 15
2010.
City Manager Koch would be back in the office on Monday, August 23,
The grant application for funding three firefighters was denied and an
ordinance to appropriate funding from the General Fund for the positions would be
introduced at the September 1 Council meeting.
He met with a representative of Congressman Young's office and
discussed the bluff restoration project and they toured the bluff area as well as the
library expansion project.
He attended the August 5 Cook Inlet Natural Gas Storage Facility
informational meeting.
J -2. Attorney Attorney Stearns reported she attended an American Bar
Association meeting in San Francisco and her trip report would be provided to
Council.
J -3. City Clerk City Clerk Freas reported the following items:
Absentee voting would be ongoing through August 24.
The Clerk's Office would be receiving equipment, etc. from six precincts
after closing of the polls and would be transmitting results for those precincts as well.
The Board of Adjustment hearing was scheduled for August 23, 2010
and would begin at 6:00 p.m.
August 18, 2010 was the 90th anniversary of the ratification of the 19th
amendment to the U. S. Constitution which gave women the right to vote.
ITEM K: ADDITIONAL PUBLIC COMMENT
K -1.
Citizen Comments (Public comment limited to 5 minutes per speaker)
Bob Peters, Old Town, Kenai Reported additional bluff eroded during July and
August due to the rain and wind.
K -2. Council Member Comments
Porter Noted dead trees in front of Lowe's and graffiti on East End Park sign.
Moore Thanked Eubank for filling as Acting City Manager and thanked Porter for
attending Senator Stevens' funeral service.
Eldridge Suggested Representative Young be contacted for funding the bluff
restoration project.
Hoffman Reported school would start on August 24, 2010.
Marquis Reported he had a nice vacation in Washington, DC and was glad to return
to sunshine.
Molloy Thanked Porter for attending Senator Stevens' funeral service.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 16
Boyle Referred to Information Item 3, a request for applications for grants to
fund environmental demonstration projects which he felt was a potential funding
opportunity to cover a portion of costs related to the budgeted wind energy study and
requested Administration to apply for the grant.
Was concerned with the decision made to put vinyl siding on the Vintage
Pointe Facility.
Smalley Reported the Assembly prepared language for a proposition for funding
school roof repairs and a proposition related to the Borough changing to a managerial
form of government. Both propositions would be included on the October ballot.
Expressed condolences to the Stevens' family and other families of the
crash victims.
A brief discussion took place related to applying for the environmental demonstration
project grant. Comments included:
Concern the submittal time was too short of a time to prepare a grant.
Desire for Council to direct the City Manager to prepare the grant.
Support for the request to direct the grant be submitted.
Support for the request to direct the grant be submitted.
Support for the request to direct the grant be submitted and to make it a
priority.
Objection to the request to direct the grant be submitted.
Support for requesting the City Manager to prepare a grant, but
understood the City Manager could have other grant applications in mind.
The grant application was an opportunity and should be reviewed. If not
possible to prepare the grant, an explanation of why not should be given.
Realized the deadline was soon, but felt it was an opportunity and
suggested another employee could prepare the application for the City Manager in
order to make the deadline.
EXECUTIVE SESSION None scheduled.
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2497-2010 Amending KMC Chapter 1.10 Entitled 'The Council," in
Its Entirety and Specifically Addressing the Procedures for Special meetings of the City
Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City
Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the
September 1, 2010 Council Meeting.)
ITEM M: ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at approximately 9:35 p.m.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 18, 2010
PAGE 17
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 cotes shall be cast prior to the official Council vote and
shall not affect the outcome of a vote. Aduisory votes shall be recorded in the minutes.
A student representative may not moue or second items during a council meeting.
APPROVED BY COUNCIL
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