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HomeMy WebLinkAbout2010-12-01 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 1, 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 (x) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. John Bost, Mikunda Cottrell Co. Presentation of FY10 Comprehensive Annual Financial Report. 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. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. 2. Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. 3. Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by S4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. ITEM E: MINUTES ITEM F: UTNFTNTSHF.D RUM ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by $2,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. 4. Discussion /Action Schedule Work Session /Open Meetings Act and Public Records 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: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT Robert Molloy Mike Boyle Brian Gabriel Terry Bookey Ryan Marquis ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: A -3. MOTION: VOTE: KENAI CITY COUNCIL REGULAR MEETING DECEMBER 1, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us VICE MAYOR MIKE BOYLE, PRESIDING ROLL CALL AGENDA APPROVAL MINUTES Vice Mayor Boyle called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Vice Mayor Boyle led those assembled in the Pledge of Allegiance. Absent were: Pat Porter, Mayor and Council Member Moore A quorum was present. Also present: Student Representative Hannah Coffman Council Member Marquis MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Marquis MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 2 There were no objections. SO ORDERED. ITEMS: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. John Bost, Mikunda Cottrell Co. Presentation of FY10 Comprehensive Annual Financial Report. Mr. Bost stated his address as 3601 C Street, Anchorage and reviewed the Report to the City Council which, he explained was required by law, and summarized matters required by professional standards. Bost also reviewed the Federal and State Single Audit Reports and the Comprehensive Annual Financial Report. Bost noted the auditor's opinions were clean and the City was in great shape. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment lim to 3 minutes per speaker) Carol Bannock, Executive Director, Kenai Chamber of Commerce On behalf of the Kenai Chamber Board, thanked the Council and City Administration for assistance in presenting the "Christmas Comes to Kenai" event. Greg Daniels, 426 Rogers road, Kenai Thanked the Council and City administration for the gym re- flooring at the Kenai Recreation Center. Daniels also stated his support for Ordinance No. 2519 -2010 related to kennel licensing. Mark Sehrag, 312 Princess, Kenai Commented on the action of Council related to the proposed Little Davis -Bacon Act letter and subsequent Special Council meeting. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. Council Member Molloy MOVED to enact Ordinance No. 2519 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public comment. Molloy Yes Boyle Yes Porter Absent Moore Absent Gabriel Yes Bookey Yes Marquis Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 3 Karen Koester, 845 Set Net Drive, Kenai Spoke in support of the ordinance; was in agreement with the notification process; and, urged Council's support of the ordinance. Garnet Sarks, 110 Birch Street, Kenai Reported she had a kennel license for her family pets; she also showed. her dogs; if the ordinance was passed, it could limit her of her pets; and, hoped in its consideration, Council would not penalize someone and have them make a choice between moving and keeping their animals. There being no one else wishing to speak, the public hearing was closed. Council comments included: Referencing the memorandum included in the packet outlining concerns provided by Council Member Molloy, i.e. commercial versus non commercial; relationship between Title 3, Animal Control and Title 14, Planning Zoning; should the proposed change in definition to be made in Title 3 be carried over to Title 14; the effect of issuing a kennel icense if the amendments would be adopted, etc. Would there be any negative affects to Ms. Sarks with regard to the number of dogs she currently had? Response provided was that would be a different process for Sarks to go through when applying for renewal of the current license. Were non commercial kennels inspected? Answer provided was that both commercial and non commercial kennels would be inspected by an Animal Control Officer. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2519 -2010 to the December 15, 2010 Council Meeting to allow for a second public hearing and further consideration. Council Member Marquis SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. Molloy Yes Boyle Gabriel Yes Yes Porter Bookey Absent Yes Moore Absent Marquis Yes Booke Yes Marquis Yes Molloy Yes Boyle Yes Porter Absent Moore Absent Gabriel Yes Booke Yes Marquis Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 4 MOTION: Council Member Marquis MOVED to enact Ordinance No. 2520 -2010 and Council Member Gabriel 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 an ordinance would be brought forward in the near future to amend the Code and the fees currently in force would remain the same until the Code was amended. VOTE: *Student Representative Coffman. Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by S4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2521 -2010 and Council Member Gabriel 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. Molloy Yes Boyle Yes Porter Absent Moore Absent Gabriel Yes Bookey Yes Marquis Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 5 D -4. Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2522 -2010 and Council Member Gabriel 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. ITEM E: MINUTES None. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 None. G -3. *Ordinance No. 2523 -2010 Increasing Estimated Revenues and Appropriations by 52,600.77 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced by approval of the Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 6 G -4. Discussion /Action Schedule Work Session /Open Meetings Act and Public Records Training. Discussion followed during which it was suggested a work session be scheduled for January to address the Open Meetings Act and a second work session be scheduled at a future date to address Public Records. Council scheduled a work session for January 14, 2010 at 6:00 p.m. to address the Open Meetings Act with City Attorney Stearns providing the expertise. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Vice Mayor Boyle reported the next meeting would be held December 9. H -2. Airport Commission Council Member Marquis reported the next meeting would be held December 9. H -3. Harbor Commission Council Member Gabriel reported the December meeting was rescheduled to Decemberl3. H -4. Library Commission Council Member Marquis reported the next meeting would be held on December 7. Vice Mayor Boyle would attend for him. H -5. Parks Recreation Commission Council Member Gabriel reported he would attend for Council Member Moore at the meeting scheduled for December 2. H -6. Planning Zoning Commission Council Member Molloy reported the next meeting would be held December 8 and Council Member Bookey would be attending as the liaison. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported the next meeting would be held December 6. H -7e. Reports of KPB Assembly, Legislators and Councils No report. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 7 ITEM I: REPORT OF THE MAYOR Vice Mayor Boyle reported he had the honor of inviting and introducing Peggy Arness at the kick -off of "Christmas Comes to Kenai." He added, Mrs. Arness began the even 34 years ago. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: Fie intended W request a work Session in January to d1sCUSS the UL isity rate study. Budget preparation had begun. He would provide a report on cemetery lay -out issues in the near future. Conoco Phillips made a $25,000 donation for the library project during the December 1 Chamber luncheon. The 2010 Dip Net Report would be included on the next Council meeting agenda. J -2. Attorney City Attorney Stearns reported the City had received compensation funds for repairs at Vintage Pointe. J -3. City Clerk City Clerk Freas commented on the following items: Thanked the Council for supporting the Deputy Clerk to attend the Alaska Association of Municipal Clerks (AAMC) Conference in Juneau. Freas also thanked the Council for allowing her to travel to Juneau to attend a portion of the AAMC Conference and the AML Conference. Responded to a concern forwarded from Council Member Molloy who was contacted by a constituent with regard to the period of time that it was taking to have the audio /streaming council meetings timed and archived to the City's webpage. She noted, she was able to contact the new contractor and was told the normal time to time /archive would be within 24 hours, but if the meeting fell near a holiday, as the November 23 meeting did, it would be within 48 hours. ITEM K: ADDITIONAL PUBLIC COMMENT K Citizen Comments (Public comment limited w 5 m i n utes per speaker) Mark Schrag, 312 Princess, Kenai Commented on process and stated his concern with a precedent set at the November 23 meeting when a speaker was allowed to go over the prescribed time Bob Peters, 101 Mission Street, Kenai Congratulated City Administration and Council for their efforts in protecting the City's finances and commented on the meeting process. K -2. Council Member Comments KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 8 Gabriel Referencing the financial audit report, stated it spoke well for the City Administration and their efforts which he appreciated. Bookey Thanked the speakers and encouraged those who spoke about the kennel ordinance to participate at the December 15 meeting. Coffman Gave a brief report of upcoming events at the high school, including Youth Court, carried food drive, and choir /band concerts. Marquis Noted the following: Thanked Mr. Bost for his presentation and Administration and employees of the City for their efforts. Commented on the fireworks presentation at the Christmas Comes to Kenai event. Thanked those who commented on the kennel ordinance. Referenced the letter of support request that was brought to Council at the November 3 meeting; noted he supported holding a special meeting to allow for proper notice of the issue; and apologized for not seconding the motion at the special meeting to allow for public comment instead of having the motion die. Molloy Noted the following: Stated he appreciated the public comments offered on the kennel ordinance and looked forward to the discussion at the December 15 meeting. Thanked Bannock and her staff and all who participated in the Christmas Comes to Kenai event. Boyle Noted the following: He enjoyed the fireworks display and the music presentation during the display. EXECUTIVE SESSION None scheduled. ITEM L: ITEM M: Thanked Mr. Bost for his presentation. Thanked those who testified during the meeting. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:19 p.m. Minutes submitted by: e Carol L. Freas, City Clerk PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) KENAI CITY COUNCIL MEETING MINUTES DECEMBER 1, 2010 PAGE 9 *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 hY COUNCIL nATE CLERK