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HomeMy WebLinkAbout2011-01-05 Council MinutesITEM A: CALL TO ORDER ITEM B: AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.chkenai.alcus 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) 1. Dennis Barnard Twin Cities Raceway /Stock Car Only Policy 2. Robert Flanders Twin Cities Raceway /Opposition to Motocross Track 3. Barney Phillips Kenai Peninsula Racing Lions /MX Division Noise Mitigation Program for 2011. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited. to 3 minutes per speaker. Persons may give their time over to another speaker present however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2524 -2010 Increasing Estimated Revenues and Appropriations by $23,000 in the General and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E 3 /4 NE 1/4 NE 1, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. 2. Ordinance No. 2525 -2010 Increasing Estimated Revenues and Appropriations by $80,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE 1 /4 NE 1/4, T6N, R11W, Section 31, Seward Meridian, Third Judicial. District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. 3. Ordinance No. 2526-2010 Increasing Estimated Revenues and Appropriations by S25,000 in the General Fund for the Purchase of Approximately 7.28 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, T5N, R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for the Purpose of Maintaining A Component of the City's Storm Drain System. 4. Resolution No. 2011 -01 Authorizing the Purchase of Approximately 20 Acres of Property Described as E2, NE4, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska, for $46,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 5. Resolution No. 2011 -02 Authorizing the Purchase of Approximately 7.28 Acres of Property Described as T5N R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be Retained by the City for the Purpose of Maintaining a Component of the City's Storm Drain System. 6. Resolution No. 2011 -03 Authorizing the Purchase of Approximately 40 Acres of Property Described as T6N R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska, for S160,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. 7. Resolution No. 2011 -04 Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the Airport Permanent Fund. 8. *Liquor License Renewals Don Jose's Mexican Restaurant /Beverage Dispensary (License #3039) 2 Go Mart /Package Store (License #4544) ITEM E: MINUTES 1. *Regular Meeting of December 15, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. Approval Commission /Committee Member Term Renewals 4. Discussion Airport Land Permanent Fund 5. Discussion Possible Amendments to the Election Code. 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 1) Concerning a matter that could prejudice the reputation and character of another: City Manager personnel issues; and, 2) Concerning a matter that could prejudice the reputation and character of another: Municipal ethics and violation of City ordinances by elected officials. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 5, 2011 1. 1/5/2011 Purchase Orders Between $2,500 and 15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $5,000. 3. 12/21/2010 K. Lyon memorandum: Recommended Harbor Commission Capital Projects Priority List—FY12, FY13, FY14 4. 11/19/2010 W. Hogan, Commissioner, Department of Health and. Social Services letter recognizing the City of Kenai's efforts in providing the Nutrition, Transportation and support Services grant and meeting or exceeding the Department's expectations. 5. 12/7/2010 M. Wynschenk, Alaska Communications letter introducing Anand Vadapalli as President and CEO of Alaska Communications, effective February 1, 2011. 6. 12/15/2010 C. Bannock, Ex. Director, Kenai Chamber of Commerce thank you letter. 7. 2011 Alaska. Gaming Permit Application La Societe des 40 Hommes et 8 Chevaux (American Legion Post 20) 8. 2011 Alaska Pull -Tab Vendor Registration La Societe des 40 Hommes et 8 Chevaux /Rosin Investments, d /b /a Upper Deck and The Place Bar Motel Pat Porter, Mayor Joe Moore Brian Gabriel Terry Bookey Ryan Marquis Robert Molloy Mike Boyle, Vice Mayor ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING JANUARY 5, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.akus 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. A quorum was present. MOTION: VOTE: ROLL CALL The City Clerk took roll. Present were: Also present: Student Representative Hannah Coffman A -3. The following changes were requested: AGENDA APPROVAL ADD TO: ITEM G -4, 1/5/2011 T. Eubank, Finance Director, memorandum with Airport Permanent Fund 12/31/2010 balance and FYI I transfer amount information. MOVE: ITEM G -4, to be heard immediately prior to Public Hearings. ADD TO: Parks Recreation Commission Report Application of Charlie Stephens Council Member Molloy MOVED to adopt the Mayor's recommendation of amendments and add an amendment to switch the proposed order of executive sessions to make number two to number one. Council Member Boyle SECONDED the motion. Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 2 *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. A -4. MOTION: Council Member Moore MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: ITEM B: CONSENT AGENDA There were no objections. SO ORDERED. SCHEDULED PUBLIC COMMENTS (Public comment limited to Z 0 minutes per speaker) B -1. Dennis Barnard Twin Cities Raceway /Stock Car Only Policy Mr. Barnard stated his address as 335 Dolchok Lane, Kenai. Barnard discussed concerns he had with the noise; believed Council needed to protect its citizens from the noise; it was a quality -of -life issue; the motocross was too much of an invasion of privacy; referred to the Department of Environmental Conservation findings with random noise; and, hoped Council would do something to preserve the quality of life. B -2. Robert Flanders Twin Cities Raceway /Opposition to Motocross Track Mr. Flanders stated his address as 4769 Beaver Loop Road, Kenai. Flanders noted the discussion held at the Borough Assembly related to the Racing Lions lease; he felt representatives of the Racing Lions were disrespectful of the property owners; he believed Council should have a vested interested in his concerns; he was opposed to the 30 -year lease; he objected to the motocross activity due to the amount of noise it caused and suggested that activity be held in a different location; would like the City to assist in putting up signs to warn drivers it is unlawful to drive snow machines on City streets and roads; and, stated he and his wife were concerned with the high speeds, noise, and their property value declining. B -3. Barney Phillips Kenai Peninsula Racing Lions /MX Division Noise Mitigation Program for 2011. KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 3 Mr. Phillips stated his address as 49121 Kay Street, Nikiski. Reported he was a member of the Racing Lions and discussed noise and other issues with property owners; an 8:00 p.m. shutdown of activity at the Raceway was requested, as well as a Sunday shutdown and that was worked out; the Club discussed a noise mitigation program and problems with trespassers; in order to have better control of the track, they had a camp host last year and would again in 2011; they were also considering placement of security and motion cameras; and, as the next season started, they hoped to mitigate the problems. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai Stated concerns he had with the discussion held at the December 21 meeting related to holding an executive session that had not been advertised; issue related to a code violation; that he made a Public Records Request and had received a portion of the information; and, the vehicle said to be in violation was parked in the driveway, that the registration had lapsed, but was now in compliance. Schrag added he believed the issue had been handled at the Chamber mayoral debate. He suggested the issue be put to rest. Karen McGahan, 54025 Kenai Spur Highway, Nikiski Spoke in support of the Lions Raceway; noted the sport encouraged family involvement and offered positive activity; and, provided a history of the raceway development. Scott Bowen, 35723 Kenai Spur Highway, Nikiski Spoke in support of the Lions Raceway; noted he was a host during the last summer staving at the Raceway 24 hours a day, seven days a week; believed there was exaggeration of how much the track was used; noted the track was closed down by 10:00 p.m.; he believed the track was important to families; and, the track was closed to the public as members had a key to open the gate. Jackie McGahan, 517 Maple Drive, Kenai Stated he was president of the Kenai Racing Lions and Circle Track; those involved were trying to work out problems; changes were being made to mitigate the problems; and, only one complaint had been received over the last year. Chet Soares, 1412 Fourth Avenue, Kenai Stated he was a past president of the Racing Lions; the group took complaints seriously; and, the Raceway was developed for a place for people to race. Patty Wroe, Soldotna Stated she was a member of the Racing Lions Board of Directors; noted it was a serious sport; it had a short season; races were only on weekends; believed an 8:00 p.m. shutdown would be a good time to close. Katherine Uei, Soldotna Spoke in support of the Racing Lions track and noted the group's efforts to obtain grants to assist in its efforts. Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 4 Steve Phelps, Kenai Stated he lived across the creek from the Raceway; thanked the Club for working on mitigating the problems; was told the Raceway would not be expanding; the noise from the Raceway leaves future development of his property in jeopardy; he was willing to try to work with the Lions to find solutions to the problems; the noise was offensive; and, suggested a requirement to reduce the noise by quieting the motors. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:16 P.M. ITEM D: D -1. MOTION: VOTE: 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' beh.atf.) Ordinance No. 2524 -2010 Increasing Estimated Revenues and Appropriations by $23,000 in the General. and Airport Funds for the Purchase of Approximately 20 Acres of Property Described as E '/z NE 1 /4 NE 1 /4, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. Council Member Marquis MOVED to enact Ordinance No. 2524 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. Henry Knackstedt, 1602 Barabara Drive, Kenai Spoke in support of Ordinance No. 2524 -2010, noting he was a member of the Airport Commission and the Commission had been considering the use of the property as a buffer for airport noise. There being no one else wishing to speak, the public hearing was closed. Council and Administration comments included: Agreement with. Knackstedt, noting interest for several years to use the property as a buffer and was pleased Administration was able to negotiate reasonable purchase prices for the properties. The funding for the purchase of the properties would be through the General Fund and the Airport Fund due to the planned use of the properties. 'Student Representative Coffman: Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 5 r Boyle Yes MOTION PASSED UNANIMOUSLY. MOTION: D -2. Ordinance No. 2525 -2010 Increasing Estimated Revenues and Appropriations by 580,000 in the General and Airport Funds for the Purchase of Approximately 40 Acres of Property Described as SE 4 NE 4, T6N, R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and Reserved for Public Use, and for Airport Purposes. Council Member Marquis MOVED to enact Ordinance No. 2525 -2010 and Council Member Molloy 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 -3. Ordinance No. 2526 -2010 Increasing Estimated Revenues and Appropriations by $25,000 in the General Fund for the Purchase of Approximately 7.28 Acres of Property Described as Tract C, Inlet View Subdivision, Second Addition, T5N, R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska to be Retained by the City and. Reserved for the Purpose of Maintaining A Component of the City's Storm Drain System. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2526-2010 and Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council and Administration comments included: There was a lot of this property that was useable. Was there any possibility neighbors might purchase some of the land to develop. Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes r Boyle Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 6 It was not the intention. of Administratioin to be land developers or speculators. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2011 -01 Authorizing the Purchase of Approximately 20 Acres of Property Described as E2, NE4, Section 31, T6N, R11W, Seward Meridian, Third Judicial District, Kenai, Alaska, for $46,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -01 and requested UNANIMOUS CONSENT. 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: There were no objections. SO ORDERED. 13-5. Resolution No. 2011 -02 Authorizing the Purchase of Approximately 7.28 Acres of Property Described as T5N R11W, Section 4, Seward Meridian, Third Judicial District, Kenai, Alaska for $25,000.00 to be Retained by the City for the Purpose of Maintaining a Component of the City's Storm Drain System. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -02 and requested UNANIMOUS CONSENT. 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: KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 7 There were no objections. SO ORDERED. D -6. Resolution No. 2011 -03 Authorizing the Purchase of Approximately 40 Acres of Property Described as T6N R11W, Section 31, Seward Meridian, Third Judicial District, Kenai, Alaska, for $160,000.00 to be Retained by the City and Reserved for a Future Trail, to Preserve a Drainage -Way Through the City and for Airport Purposes. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -03 and requested UNANIMOUS CONSENT. 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: There were no objections. SO ORDERED. D -7. MOTION: Resolution No. 2011 -04 Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the Airport Permanent Fund. Council Member Moore MOVED for adoption of Resolution No. 2011 -04. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -8. *Liquor License Renewals Don Jose's Mexican Restaurant /Beverage Dispensary (License #3039) 2 Go Mart /Package Store (License #4544) Approved by Consent Agenda. ITEM E: MINUTES KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 8 E -1. Agenda. *Regular Meeting of December 15, 2010 Approved by Consent ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Molloy 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 MOTION: Council Member Marquis MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Approval Commission /Committee Member Term Renewals Mayor Porter nominated the following persons for appointment or reappointment: Eileen Bryson Library Commission Charlie Stephens (new appointment) Parks Recreation Commission Ben Gilman Parks Recreation Commission Bob Peters Harbor Commission Phil Morin Harbor Commission Peggy Baxter Beautification Committee Glenda Feeken Airport Commission Joanna Hollier Council on Aging Linda Flowers Council on Aging Scott Romain Planning Zoning Barry Eldridge (new appointment) Planning Zoning Virginia Richards (new appointment) Library Porter No Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 9 MOTION: Council Member Molloy MOVED to approve the nominations. Council Member Moore SECONDED the motion and requested. UNANIMOUS CONSENT. It was noted, Porter did not nominate Mr. Brookman for reappointment to the Planning Zoning Commission. Council Member Boyle objected to the request for unanimous consent. A question of the process was raised and City Attorney Stearns noted the Mayor nominated and Council could approve the nominations or not. MOTION TO DIVIDE THE QUESTION: Council Member Boyle MOVED to divide the question and Council Member Marquis SECONDED the motion. Boyle noted his motion was to separate the Planning Zoning Commission appointment /reappointment from the other nominations. Discussion followed on the parliamentary process. VOTE ON DIVISION OF QUESTION: *Student Representative Coffman. Yes MOTION PASSED. VOTE ON NOMINATIONS (OTHER THAN PLANNING ZONING COMMISSION): There were no objections. SO ORDERED. MOTION: Council Member Moore MOVED to nominate Barry Eldridge and Scott Romain to the Planning Zoning Commission. MOTION TO DIVIDE THE QUESTION: Council Member Molloy MOVED to divide the question of Scott Romain and Barry Eldridge. Council Member Boyle SECONDED the motion. VOTE ON DIVISION OF QUESTION: Porter Yes Moore Yes Gabriel Yes Bookey No Marquis No Molloy No Boyle No Porter Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter No Moore Yes Gabriel No Bookey Yes Marquis Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 10 *Student Representative Coffman: Yes MOTION PASSED. MOTION: Council Member Molloy MOVED to nominate Scott Romain for appointment to the Planning 84 Zoning Commission. Council Member Marquis SECONDED the motion. VOTE ON ROMAIN APPOINTMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. MOTION: Council Member Moore MOVED to nominate Barry Eldridge to the Planning 8s Zoning Commission and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Council Member Boyle objected to the request for unanimous consent. Council Member Molloy stated he appreciated Eldridge's service to the City Council and Harbor Commission and appreciated Mr. Brookman's service. He saw no reason not to reappoint Brookman and added, there was no information included in the packet on the matter. VOTE ON ELDRIDGE APPOINTMENT: *Student Representative Coffman: Yes MOTION FAILED. KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 11 G -4. Discussion Airport Land Permanent Fund Heard prior to Public Hearings. Bert Wagnon, Alaska Permanent Capital Mr. Wagnon provided a report and reviewed the investment returns of the Airport Land Sale Permanent Fund portfolio fo the last year, provided estimated portfolio returns based upon historical results of portfolios invested, and provided recommendations for changes in the City's current investment policy and allocation amounts. G -5. Discussion Possible Amendments to the Election Code. Clerk Freas reviewed the information included in the meeting packet and recommended areas of the election code for amendment. Council requested the City Attorney and City Clerk develop an ordinance to bring to Council for consideration to identify a deadline for accepting absentee ballot requests (matching the Borough's deadline), to include recount costs in the fee schedule and maintain the fee within the election code, and propose language to allow voting via electronic transmission. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting was scheduled for January 13. H -2. Airport Commission Council Member Marquis reported the next meeting was scheduled for January 13. H -3. Harbor Commission Council Member Gabriel reported the next meeting was scheduled for January 10. H -4. Library Commission Council Member Marquis reported there was no quorum for the January 4 meeting. H -5. Parks Recreation Commission Council Member Moore reported the next meeting was scheduled for January 6, 2011. Planning Zoning Commission Council Member Molloy reported the next meeting was scheduled for January 12, 2011. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reported the next meeting was scheduled for January 11, 2011. H -7b. Alaska Municipal League Report Council Member Bookey reported the AML Winter meeting was scheduled for February 8, 9, and 10. It was noted Mayor Porter and Council Member Bookey would be attending. KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 12 H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported the next meeting was scheduled for January 25, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils Report was included in the packet. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Thanked commission and committee members for their service. Reminded Council Members of the Employee Appreciation Dinner and encouraged them to donate items to be used for door prizes. Would be speaking at the Economic Forum scheduled for January 13 and 14. Reported she received a letter from a. concerned citizen stating concern the Boys Girls Club membership fee was being raised to $75.00 per child. She requested the City Manager to investigate whether the City has any oversight of the fees charged. Reported she sent thank -you notes to Commissioners and thanked them for their service. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: Administration was working with the Borough with regard to its Computer Aided Dispatch and a presentation was scheduled in the next week. Information and a recommendation would be presented to Council in the near future. He planned to attend the Municipal Managers meeting in Juneau which would take place at the same time as the AML Winter meeting. He met with Senator Wagoner and Representative Olsen to discuss City funding issues as well as the upgrade of Wildwood Drive. The City received two Department of Environmental Conservation awards related to the development of a wellhead protection area. He was working with Senior Director Craig in preparing a Council on Aging resolution supporting an increase to Medicare Choice Waiver for meals. A similar resolution would be brought to Council for its consideration as well. He would be making a presentation to the Chamber of Commerce on January 19 related to Personal Use Fishery and Finance Director Eubank will assist. He would be out of the office on January 12, 26 and 27. He requested a work session be scheduled to discuss an amendment to the residential building code related to sprinkling in one and two -story homes. He added, the City could amend its code to not include this national requirement. A work session was scheduled for March 3, 2011, beginning at 6:00 p.m. KENAI CITY COUNCIL MEETING MINUTES JANUARY 5,2011 PAGE 13 A brief discussion followed related to the memorandum included in the packet reporting on the collection of overdue ambulance bills and Administration's action plan. Because the intent was to provide a policy for ambulance collections, concern was expressed Council should approve the policy through consideration of a resolution. Concern was also expressed it would be appropriate for the City Manager to set the policy. Administration was requested to prepare a resolution for Council to consider. J -2. Attorney City Attorney Stearns offered to speak individually with the Council to identify the Legal Department's process for handling delinquent accounts. J -3. City Clerk City Clerk Freas reminded Council to RSVP for the employee appreciation dinner and reported she prepared and submitted a paper reduction proposal and it was available in their mailboxes. ITEM K: ADDITIONAL PUBLIC COMMENT K Citizen Comments (Public comment limited to 5 minutes per speaker) Barry Eldridge, 2679 Bowpicker Lane, Kenai Commented on the Planning Zoning Commission appointment discussion and reported his disappointment he had not been appointed. Bob Peters, 902 Mission Avenue, Kenai Commented the "us versus them" was not productive or attractive and the newest appointment to the Library Commission was a student, and would have full voting powers. K -2. Council Member Comments Moore Thanked Mr. Wagnon for his report on the Airport Land Sale Permanent Fund and encouraged all to attend the Economic Outlook Forum. Gabriel Reported on the Alumni Hockey Game, noting Kenai won and approximately $5,000 was raised for the Kenai Booster Club. Stated he was pleased the Racing Lions and property owners were very cordial and were willing to try and work out their problems. Thanked City Attorney Stearns and City Clerk Freas for their work in reviewing the election code and suggesting possible amendments. Bookey Commented on the number of people who attended the meeting. Felt the Airport Land Sale Permanent Fund presentation was very good and beneficial. Would be out of town for the appreciation dinner, but stated his appreciation for the efforts of the employees. Coffman Gave a brief report on ongoing activities at the high school, including basketball games and school -wide food drive. KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 14 Marquis Stated he appreciated the Racing Lions and property owners' cordiality, adding it was good to have people involved. Molloy Stated he appreciated the presentations from the Racing Lions and property owners and encouraged them to continue to discussion work out their concerns. Referring to the information item in the packet, congratulated Senior Director Craig and her staff with regard to their providing the Nutrition, Transportation and Support Services through the State's grant program. Boyle Extended congratulations to Director Craig and her staff. Congratulated Christine Cunningham for her Alaska Fish article and her command of the English language. Commented he had been in violation of the City Code; apologized to the Council and employees because of the time that was spent on the issue; if Council wished to discuss the issue more in an executive session, he would exercise his option to make the discussion public; and, he did not believe there was anything further to discuss. Wished all a happy new year. EXECUTIVE SESSION 2) Concerning a matter that could prejudice the reputation and character of another: Municipal ethics and violation of City ordinances by elected officials; and, 1) Concerning a matter that could prejudice the reputation and character of another: City Manager personnel issues. (Sequence changed with approval of agenda.) MOTION: Council Member Moore MOVED to convene in an executive session of the Council of the City of Kenai, concerning a matter that could prejudice the reputation and character of another: Municipal ethics and violation of City ordinances by elected officials. Council Member Gabriel SECONDED the motion. Council Member Marquis stated his opposition to convening in an executive session; he was disappointed the matter was on the agenda; he believed it was inappropriate; and, encouraged the Council to work together on behalf of the residents of the City. Council Member Molloy stated his opposition to convening in an executive session; believed it was out of order; the target was Vice Mayor Boyle; the City did not have a process for the Council to police each other; and, if Council wanted a vehicle for policing itself, he agreed an ordinance was needed to provide direction. Council Member Bookey stated his concern an executive session was being considered as little information was provided to Council or the public and he believed the Council needed to work in harmony. Porter Yes Moore Yes Gabriel Yes Booke No Marquis No Molloy No Bo le No Porter Yes Moore Yes Gabriel Yes Bookey Yes Yes Marquis Yes Molloy Yes Boyle KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 15 Council Member Gabriel stated he was hoping the issue could be worked out so it would not look as though the Council was divided and he believed an executive session would be a good forum where the case could be stated and settled.. Mayor Porter stated it was not her intent to embarrass anyone, but she felt Council needed to be aware of the circumstances and facts; felt it was vital to address the issue; the Council should lead by example; and, read the Oath of Office. VOTE ON CONVENING TO EXECUTIVE SESSION: MOTION FAILED. MOTION: Council Member Moore MOVED to convene in an executive session of the Council of the City of Kenai, concerning a matter that could prejudice the reputation and character of another: City Manager personnel issues. Council Member Gabriel SECONDED the motion. City Manager Koch was asked to attend. VOTE ON CONVENING TO EXECUTIVE SESSION: MOTION PASSED UNANIMOUSLY. CONVENED TO EXECUTIVE SESSION: 10:20 P.M. BACK TO ORDER: 11:15 P.M. Council Member Moore reported the Council met in an executive session with City Manager Koch and agreed to meet again in two weeks at the next meeting. Mayor Porter passed the gavel to Council Member Moore, explaining her intention to speak to the Boyle issue and it would not be appropriate to pass the gavel to Vice Mayor Boyle. Council Member Molloy called for a point of order as he believed the subject was closed and discussing it further would be out of order. Council Member Moore stated he would allow Porter to comment. Porter Yes Moore Yes Gabriel No Bookey No No Marquis No Molloy No Boyle KENAI CITY COUNCIL MEETING MINUTES JANUARY 5, 2011 PAGE 16 MOTION: Council Member Molloy MOVED to challenge the ruling of the Chair as it was out of order and requested the body to vote on it. Council Member Marquis SECONDED the motion. Discussion on the motion included whether it was a continuance of the earlier discussion; that the motion was not debatable; a yes vote would support the ruling of the Chair and a no vote would stop the discussion; and, comments that it would be unfair for the Mayor not to make a statement; and, because the executive session would have been about Vice Mayor Boyle, he had the right to speak to the issue. VOTE ON CHALLENGE OF THE RULING OF THE CHAIR: UPHOLDING THE RULING OF THE CHAIR FAILED. ITEM L: ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 11:24 p.m. Minutes submitted by: Carol L. Freas, City Clerk PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) *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. OVED BY COUNCIL GERI(