Loading...
HomeMy WebLinkAbout2010-10-06 Council MinutesITEM A: CALL TO ORDER ITEM B: ITEM C: ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING OCTOBER 6, 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.) *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. SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) UNSCHEDULED PUBLIC COMMENTS (Pub minutes per speaker) c comment mited to 3 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. 2513 -2010 Increasing Estimated Revenues and Appropriations by $3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). 2. Resolution No. 2010 -54 Rescinding and Replacing the City of Kenai Retention Schedule. 3. Resolution No. 2010 -55 Authorizing City of Kenai Administration to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska. 4. Resolution No. 2010 -56 Awarding a Contract to Alaskan Industries, Inc. for the Project Entitled "Kenai Recreation Center Gym Floor Replacement 2010" for the Total Amount of $122,000.00. 5. Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. ITEM E: MINUTES 1. *Regular Meeting of September 15, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding S 15,000 3. *Ordinance No. 2514 -2010 Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non Metallic Cable in Type III, IV, and V Construction as Otherwise Permitted in 334.10(3) of the National Electrical Code 2008. 4. *Ordinance No. 2515 -2010 Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. 5. Action /Approval Vintage Pointe Insurance Settlement Release 6. Discussion /Action Reschedule November 17, 2010 Council Meeting 7, Discussion Absentee Voting Procedures /Inconsistencies in City Election 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 A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to give direction to the City Manager in the handling of a specific financial and legal matter (location of graves at the Kenai Cemetery). ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT Joe Moore Barry Eldridge Ryan Marquis Robert Molloy i Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor ITEM A: A -1. A -2. The City Clerk took roll. Present were: REMOVE: REPLACE: ADD TO: MOTION: MOTION: KENAI CITY COUNCIL REGULAR MEETING OCTOBER 6, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING CALL TO ORDER MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. ROLL CALL A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: Item D -3, Resolution No. 2010 -54 (to allow for several corrections and identification of corrections /changes. Item G -1, Amended Purchase Orders Over $15,000 Item G -7, Discussion /Absentee Voting Procedures Memoranda Of City Clerk Freas and City Attorney Stearns Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 2 Council Member Smalley MOVED to amend noting the list refers to Item D -3 and should be D -2 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON AMENDED MOTION: There were no objections. SO ORDERED. 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. VOTE: 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: D -1. MOTION: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 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. 2513 -2010 Increasing Estimated Revenues and Appropriations by S3,300 in the General Fund for Police Forensic Equipment Reimbursements From Internet Crimes Against Children (ICAC). Moore Yes Eldridge Yes Marquis Porter Yes Yes Molloy Yes Boyle Yes Smalley Yes KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 3 Council Member Eldridge MOVED for adoption of Ordinance No. 2513 -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. There were no Council comments. VOTE: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2010 -54 Rescinding and Replacing the City of Kenai Retention Schedule. Removed from the agenda. D -3. Resolution No. 2010 -55 Authorizing City of Kenai Administration to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Historic Restoration Project in the Townsite Historic District of Kenai, Alaska. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2010 -55 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. Dorothy Gray /Holy Assumption Russian Orthodox Church Ms. Gray spoke in support of the resolution and reviewed efforts the Church had been making to acquire the funding to raise $37,000 to cover the costs of asbestos removal found to be needed during the restoration project. MOTION TO AMEND: Council Member Molloy MOVED to add "and serves a public purpose" in after "culture in the fifth whereas. Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 4 Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. D -4. Resolution No. 2010 -56 Awarding a Contract to Alaskan Industries, Inc. for the Project Entitled "Kenai Recreation Center Gym Floor Replacement 2010" for the Total Amount of 5122,000.00. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2010 -56 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -5. Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -57 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 5 E -1. agenda. *Regular Meeting of September 15, 2010 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. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to pay 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. 2514 -2010 Amending KMC Chapter 4.30.015, Local Amendments to the National Electrical Code 2008, to Allow the Use of Non Metallic Cable in Type III, IV, and V Construction as Otherwise Permitted in 334.10(3) of the National Electrical Code 2008. Introduced by approval of the consent agenda. G -4. *Ordinance No. 2515 -2010 Increasing Estimated Revenues and Appropriations by $3,600.00 in the General Fund for the Purchase of Land for a Public and /or Charitable Use. Introduced by approval of the consent agenda. G -5. Action /Approval Vintage Pointe Insurance Settlement Release KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 6 MOTION: Council Member Molloy MOVED to settle the city's claim for damages arising out of the December 2009 flood for a one -time payment of $175,000 (plus the $6,833.25 previously paid) and authorize the City Manager to sign a release of all claims between the City and Everest Indemnity Insurance Company and Alaska Automatic Fire Protection, Inc. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -6. Discussion /Action Reschedule November 17, 2010 Council Meeting It was noted the regularly scheduled November 17, 2010 Council Meeting fell in the week of the Alaska Municipal League Conference and that a number of Council Members may be attending the conference. Council agreed to reschedule the November 17, 2010 Council Meeting to Tuesday, November 23, 2010. G -9. Discussion Absentee Voting Procedures /Inconsistencies in City Election City Attorney Stearns reviewed the informational memoranda provided by Clerk Freas and herself at the beginning of the meeting. She reported the discovery of an inconsistency between the City's and Borough's deadline for submitting applications for by -mail absentee ballots; research provided with regard to the deadlines; how the six affected ballots would be processed to assure they could be kept separate without prejudicing the voters' right to secrecy, etc. Stearns also noted another concern that came to light when it learned the postage -paid envelopes would not be cancelled by the Postal Service. Stearns noted there was no action Council would need to take. The issue was brought forward and publicly disclosed because of the importance of voting in our representational system of government and in the interests of conducting free and fair elections and to preserve public confidence in that process. Freas and Stearns were thanked for bringing the issue forward and for the amount of research provided. A request was made to include a discussion on the second December meeting to discuss amendments to the election code to bring it more up to date. ITEM 11: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging No meeting. Mayor Porter noted she received a verbal resignation from Ron Fullinck from the Council on Aging. Porter noted the KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 7 application of Carolyn Unger included in the packet. Without objection from Council, Porter appointed Unger to the Council on Aging. H -2. Airport Commission Council Member Moore reported the next meeting would be held on October 14, 2010. H -3. Harbor Commission Council Member Smalley noted the meeting summary of the September 13 meeting was included in the packet and reported the next meeting was scheduled to be held on October 11. He noted the Commission had a vacancy. A request was made to include the Commission's attendance record in the next Council packet. H -4. Library Commission Council Member Marquis reported the October meeting was cancelled and the November meeting was rescheduled to November 9, 2010. H -5. Parks Recreation Commission Council Member Boyle reported the next meeting of the Commission was scheduled for October 7, 2010. A brief report was given on the informational meeting held to discuss the development of a town park. H -6. Planning Zoning Commission Council Member Eldridge reviewed the minutes of the September 22, 2010 meeting which were included in the packet. Council Member Molloy reported he would be unable to attend the October 13 meeting and that Council Member Eldridge would attend in his place. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reported the next meeting was scheduled for October 12. She reported she would be unable to attend and requested Student Representative Coffman attend in her place. H -7b. Alaska Municipal League Report Council Member Smalley reported he would attend a Board meeting to be held in Anchorage on October 8 and 9. He noted the AML Conference would be held in November. II-7c. Mini -Grant Steering Committee Council Member Moore reported on the meeting was held on October 4, 2010. H -7d. Kenai Convention Visitors Bureau Council Member Smalley reported the art show would close on October 22 and gave a brief report on upcoming events. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported the next meeting would be held on October 12, 2010. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 8 She attended the informational park development meeting. She made a presentation to Kaleidoscope school related to government. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manager Koch reported the following items: The water /sewer project along Bridge Access Road had been completed. Fourth Avenue was open again and the project had been completed. Researched information related to the proposed transfer of land to the Racing Lions Club. Plans to meet with the Governor later in October. A resolution was planned to be introduced to the Legislature related to the Kenai River Special Management Area boundaries. He would be gone from October 15 to 20 (back in time for the Council Meeting). Ice would be in at the hockey rink by October 11. Because of the large amount of items stored at the Visitor Center, a suggestion was made the Center hire someone to inventory the items. A proposal for funding a position would be provided to Council in October. Questions from Council included: What would the free skate hours be at the rink? Koch reported it would be open all night. When would asphalt cuts be repaired? Koch reported the cuts were being paved. J 2. Attorney Attorney Stearns reported the following items: She would be preparing information related to commission /committee attendance in the near future. Astounded in learning to know the immense amount of work coordinated and done through the Clerk's Office with regard to elections. She thanked Sheryl Oldham for her assistance while she was searching for an administrative assistant replacement. She would be attending the International Association of Municipal Lawyers Conference leaving on Friday and returning the next Thursday. J 3. City Clerk Clerk Freas reminded all the Canvassing Board would be meeting on October 12, 2010. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Bob Peters, Old Town, Kenai Congratulated the candidates and urged purchase of tickets to the library fundraiser. KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 9 K -2. Council Member Comments Porter Stated she would bring forward issues she gathered during her campaign and provide them to department heads. Boyle Congratulated the candidates and wished them good luck. Molloy Congratulated the candidates and thanked Freas and Stearns in protecting the integrity of the City's election process. Marquis Thanked Porter and Boyle for their spirited campaigns. Thanked Eldridge for his service to the City. Thanked Smalley for his years of service and for his future service to the City. Thanked all the candidates. Coffman Reported the football team would be playing in Anchorage at a playoff game, it was Red Ribbon Week at the school, and noted other events taking place at the school. Eldridge Congratulated Porter and thanked all the candidates and noted events that took place during his four years on the Council. Moore Congratulated the candidates and thanked Eldridge and Smalley for their years of service to the City. Smalley Congratulated the candidates and stated there were some issues of the campaign that he would comment on in written form. EXECUTIVE SESSION A matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to give direction to the City Manager in the handling of a specific financial and legal matter (location of graves at the Kenai Cemetery). MOTION: Council Member Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concerning a matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to give direction to the City Manager in the handling of a specific financial and legal matter (location of graves at the Kenai Cemetery). Smalley requested City Attorney Stearns and City Manager Koch to attend. Council Member Moore SECONDED the motion. VOTE: Moore Yes Eldridge 1 Yes Marquis Yes Molloy [Yes Boyle Yes Porter 1 Yes Smalley 1 Yes KENAI CITY COUNCIL MEETING OCTOBER 6, 2010 PAGE 10 MOTION PASSED UNANIMOUSLY. CONVENED TO EXECUTIVE SESSION: 8:10 P.M. BACK TO ORDER: 8:40 P.M. Council Member Smalley reported that during the executive session the Council discussed with the City Manager and City Attorney an issue emanating at the Kenai Municipal Cemetery. MOTION: Council Member Smalley MOVED to authorize the City Manager to undertake ground penetrating radar to locate two specific graves in that cemetery and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:41 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 in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. APPROVED BY COM:ICU a20/0 d/O