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HomeMy WebLinkAbout2011-02-02 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 2, 2011 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. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 rninutes 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. 2528 -2011 Amending the Kenai Municipal Code to Make Comprehensive Changes to All Rates, Charges, and Fees Imposed by the City in. Kenai Municipal Code Titles 3, Animal Control; 4, Uniform Codes; 5, Business and Occupations; 11, Harbor and Harbor Facilities; 14, Planning and. Zoning; 15, Private Property; 18, Streets and Sidewalks; 20, Transportation; 21, City Airport and Airport Lands; and 22, General Fund Lands, and to Include Rates, Charges, and Fees in a Fee Schedule Authorized Under KMC 7.15.100 Rather Than in a Code Ordinance, and Making Technical Changes and Corrections. 2. Ordinance No. 2529 -2011 Amending Chapter 7.30 of the Kenai Municipal Code, "Airport Land Sale Permanent Fund," to Rename the Chapter as "Land Sales Permanent Funds" in Order to Establish Investment Guidelines for Sale Proceeds From the Sale of City- Owned, Non -Trust Lands Just as the City Has Established Investment Guidelines for the Airport Land Sale Permanent Fund, and to Make Technical Corrections. 3. Ordinance No. 2530 -2011 Increasing Estimated Revenues and Appropriations by $31,819 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. 4. Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000. Resolution No. 2011 -07 Supporting a Proposed Project by Escopeta Oil to Utilize a Jack -Up Drill Rig for Natural Gas and Oil Exploration in Cook Inlet. 6. Resolution No. 2011 -08 In Support of Senate Bill 3, "An Act Providing for Funding for School Lunch and Breakfast." 7. Resolution No. 2011 -09 Authorizing Amendment of the Regulations of the Kenai Municipal Cemetery to Delete References to Specific Fees and Charges so that Those Fees and Charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Kenai Municipal Cemetery May be Increased to Allow for Credit Card Acceptance for Payment of Cemetery Fees and Charges. 8. Resolution No. 2011 -10 Authorizing Amendment of the Regulations of the Kenai Municipal Airport to Delete References to Specific Fees and Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Airport May be Increased to Allow for Credit Card Acceptance for Payment of Airport Fees and Charges. 9. Resolution No. 2011 -11 Authorizing Amendment of the Regulations of the Kenai Community Library to Delete References to Specific Fees and Service Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council. 10. Resolution No. 2011 -12 Authorizing Amendment of the Regulations for Public Records Inspections to Delete References to Specific Fees and Charges so that Those Fees and charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged for That Service May be Increased to Allow for Credit Card Acceptance for Payment. 11. Resolution No. 2011 -13 Authorizing Amendment of the Public Utility Regulations and Rates Appended to the Kenai Municipal Code to Delete References to Specific Fees and Charges so that Those Rates, Fees, and Charges Will be as set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time Those Public Utility Rates, Fees, and Charges May be Increased to Allow for Credit Card Acceptance for Payment of Utility Rates, Fees, and Charges. 12. Resolution No. 2011 -14 Supporting Sound Fisheries Management Practices and Diversified Harvest Opportunities in the Cook Inlet. 13. *2011 -2011 Liquor License Renewals Peninsula Oilers Baseball Club, Inc., d /b /a Peninsula Oilers (Recreational Site /Seasonal, License #846) George Pitsilionis, d /b /a Pizza Paradisos (Beverage Dispensary, License #3032) Three Bears Alaska, Inc., d /b /a Three Bears Alaska, Inc. (Package Store, License No. 4118) ITEM E: MINUTES 1. *Regular Meeting of January 19, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2532 -2011 Increasing Estimated Revenues and Appropriations by S95,885.00 in the Airport Fund and Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. *Ordinance No. 2533 -2011 Increasing Estimated Revenues and Appropriations by 52,000 in the General Fund Fire Department. 5. *Ordinance No. 2534 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport improvement Capital Project Fund by 535,000 for an Environmental Assessment of a Project to Remove Trees Along the Southwest Side of Runway 1L/ 19R that are a Hazard to Aviation. 6. *Ordinance No. 2535 -2011 Increasing Estimated Revenues and Appropriations by $23,964 in the General Fund for Police Equipment and Police Training. 7. *Ordinance No. 2536 -2011 Increasing Estimated Revenues and Appropriations in the General Fund Police Department by $26,500, Fire Department by S20,000, Parks Department by $3,500, and Boating Facility Department by S13,000 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities. 8. *Ordinance No. 2537 -2011 Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for a New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. 9. Action Item /Approval Second Amendment to Amended City Manager Employment Contract (Three -Year Extension). 10. Discussion /Action Schedule Work Session /Possible Amendments to Commission and Committee Appointments and Public Notification of Vacancies on Commissions and Committees. 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.) ITEM M: ADJOURNMENT Brian Gabriel Terry Bookey Ryan Marquis Robert Molloy Mike Boyle, Vice Mayor Pat Porter, Mayor Joe Moore ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in. the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: ITEM D -5, Resolution No. 2011 -07 Senator Mark Begich letter regarding request of Escopeta Oil for a Jones Act waiver. MOVE: ITEM D -12, Resolution No. 2011 -14 Hear prior to Resolution No. 2011 -07 (D-5). ADD TO: ITEM H -7a, Beautification Committee Report Application of Heather Schloeman for consideration. MOTION: Council Member Gabriel MOVED for approval of the agenda with the requested changes. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Gabriel MOVED to move Item G -5, Ordinance No. 2534 -2011 to the Consent Agenda and approve the consent agenda with the changes. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. Council Member Molloy disclosed a conflict of interest with Item D -13, the Peninsula Oilers and Paradisos liquor license renewals, noting both were clients of his law firm and though the fees paid to his law firm were less than those needing to be identified on the City's financial disclosure form, he felt it was a financial conflict and requested to abstain from voting on that portion of the Consent Agenda approval. Mayor Porter determined and reported Council Member Molloy would abstain from those items on the Consent Agenda. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. ITEM B: None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. 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 time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf:) D -1. Ordinance No. 2528 -2011 Amending the Kenai Municipal Code to Make Comprehensive Changes to All Rates, Charges, and Fees Imposed Gabriel 1 Yes Bookey Yes 1 Marquis Yes Molloy Yes 1 Yes Boyle Yes 1 Porter Yes Moore KENAI CITY COUNCIL MEETING FEBRUARY 2,2011 PAGE 3 MOTION: by the City in Kenai Municipal Code Titles 3, Animal Control; 4, Uniform Codes; 5, Business and Occupations; 11, Harbor and Harbor Facilities; 14, Planning and Zoning; 15, Private Property; 18, Streets and Sidewalks; 20, Transportation; 21, City Airport and Airport Lands; and 22, General Fund Lands, and to Include Rates, Charges, and Fees in a Fee Schedule Authorized Under KMC 7.15.100 Rather Than in a Code Ordinance, and Making Technical Changes and Corrections. Council Member Bookey MOVED to adopt Ordinance No. 2528 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public comment 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. Ordinance No. 2529 -2011 Amending Chapter 7.30 of the Kenai Municipal Code, "Airport Land Sale Permanent Fund," to Rename the Chapter as "Land Sales Permanent Funds" in Order to Establish Investment Guidelines for Sale Proceeds From the Sale of City Owned, Non -Trust Lands Just as the City Has Established Investment Guidelines for the Airport Land Sale Permanent Fund, and to Make Technical Corrections. MOTION: Council Member Bookey MOVED to adopt Ordinance No. 2529 -2011. Council Member Marquis SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Yes Bookey Boyle Yes Yes Marquis Porter Yes Yes Molloy Moore Yes KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 4 MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2530 -2011 Increasing Estimated Revenues and Appropriations by $31,819 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2530 -2011 and Council Member Bookey SECONDED the motion. The floor was opened for public comment. 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 -4. Ordinance No. 2531 -2011 Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund by $50,000. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2531 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: "Student Representative Coffman: Yes Gabriel Yes Bookey Yes Marquis Yes KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 5 Molloy Moore MOTION: Yes Yes Boyle MOTION PASSED UNANIMOUSLY. D -12. Resolution No. 2011 -14 Supporting Sound Fisheries Management Practices and Diversified Harvest Opportunities in the Cook Inlet. Council Member Gabriel MOVED for adoption of Resolution No. 2011-14 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Council Member Molloy disclosed the Kenai River Professional Guides Association, Inc. was one of his firm's clients; his firm provided some general counsel work, but no lobbying to the organization; the fees paid his firm from the organization were under the $5,000 limit needing to be identified on the City's financial disclosure form, however the organization promoted commercial guiding and attended Board of Fisheries meetings. Molloy requested a finding whether he had a conflict of interest from Mayor Porter. Porter stated she did not believe Molloy had a conflict because the resolution was generic and added, she would allow him to vote on the resolution. Council Member Gabriel disclosed he was a co- sponsor of the resolution and he fished commercially in the Cook Inlet, however he did not feel the resolution would affect him financially. Additionally, his family operated a small processing business however his income from the processing business was less than three percent of his gross revenues from his fishing. He requested a finding from Mayor Porter. Porter stated she did not believe Gabriel had a conflict because the resolution was generic and added, she would allow him to vote on the resolution. Council Member Moore disclosed a potential conflict of interest as he was a co- sponsor of the resolution and a commercial fisherman; additionally, he was a Certified Public Accountant and had many clients who relied on the health of the fishing industry and it being a successful economic driver in the community; did not feel his support of the fishing industry would affect him financially, but felt it was important as a Council to support one of the major industries with economic value. Moore requested a finding from Mayor Porter. Porter stated she did not believe Moore had a conflict of interest and would allow him to vote on the resolution. The floor was opened to public hearing. Yes Porter Yes Christine Brandt, 316 Linwood Lane, Kenai Brandt introduced herself as the office manager of the Kenai Peninsula Fishermen's Association and added, she and her family were commercial set net fishers. Brandt stated her support for passage of the Resolution. Gabriel Yes Bookey Yes Mar.uis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 6 Steve Tvenstrup, 4928 Bearer Loop Road, Kenai Tvenstrup reported he was a commercial fisherman, sport fisherman, etc. and supported the resolution. He thanked the Council for bringing the resolution forward and hoped the City would have representation at the Board of Fisheries meeting. Roland Maw, P.O. Box 64, Kasilof Maw reported he worked for United Cook Inlet Drift Association and spoke in support of the resolution and discussed Board of Fisheries history. Paul Dale, Snug Harbor Seafoods -Dale reported there was a resurgence of the seafood industry in Alaska which was positive for the future; stability of the fishing industry was critical; believed the resolution was timely and important; the City of Kenai held a valuable role in the industry and he appreciated the support the industry received from the City; and, encouraged passage of the resolution. David Martin, Clam Gulch Martin reported he was a commercial fisherman and supported the resolution. Jim Butler, P.O. Box 191, Kenai Butler thanked Council and Administration for its positive support of the commercial fishing and personal use industry, and suggested Council authorize someone from Administration to attend the Board of Fisheries meeting. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Moore MOVED to amend the last whereas paragraph, adding "sport and personal use after "commercial." Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend Section 2, by adding "and Kenai Peninsula" before "commercial harvesters," delete "commercial harvesters" and insert "salmon Gabriel Yes Yes Bookey Boyle Yes Yes Marquis Porter Yes Yes Molloy Moore Yes Gabriel Yes Yes Bookey Boyle Yes Yes Marquis Porter Yes Yes Molloy Moore Yes KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 7 harvesters," and add and other businesses" after "City of Kenai fish processors" so that the ending phrase reads "...for all Cook Inlet and Kenai Peninsula salmon harvesters and City of Kenai fish processors and other businesses without a sound biological reason for doing so." Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. City Manager Koch was directed to attend the Board of Fisheries meeting and read the resolution into the record. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 7:36 P.M. BACK TO ORDER: 7:42 P.M. D -5. Resolution No. 2011 -07 Supporting a Proposed Project by Escopeta Oil to Utilize a Jack -Up Drill Rig for Natural Gas and Oil Exploration in Cook Inlet. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2011 -07 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened for 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. KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 8 D -6. Resolution No. 2011 -08 In Support of Senate Bill 3, "An Act Providing for Funding for School. Lunch and Breakfast." MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011-08 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. Council Member Marquis urged Council's support of the resolution. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2011 -09 Authorizing Amendment of the Regulations of the Kenai Municipal Cemetery to Delete References to Specific Fees and Charges so that Those Fees and Charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged by the Kenai Municipal Cemetery May be Increased to Allow for Credit Card Acceptance for Payment of Cemetery Fees and Charges. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2011 -09 and requested UNANIMOUS CONSENT, Council Member Marquis SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. Council Member Marquis noted resolutions numbered 2011 -09 through 2011 -13 pertained to former discussions of Council and the effective dates of the resolutions would be March 2, 2011. in order to coincide with the effective date of Ordinance No. 2528 -2011. It was also noted, any fee changes would need approval of the Council through a resolution. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2011 -10 Authorizing Amendment of the Regulations of the Kenai Municipal Airport to Delete References to Specific Fees and Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 9 MOTION: the Fees Charged by the Airport May be Increased to Allow for Credit Card Acceptance for Payment of Airport Fees and Charges. Council Member Marquis MOVED for adoption of Resolution No. 2011 -10 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. The floor was opened for 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. D -9. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 201 1 -11 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: MOTION: Resolution No. 2011 -11 Authorizing Amendment of the Regulations of the Kenai Community Library to Delete References to Specific Fees and Service Charges so that Those Fees and Charges Will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council. There were no objections. SO ORDERED. D -10. Resolution No. 2011 -12 Authorizing Amendment of the Regulations for Public Records Inspections to Delete References to Specific Fees and Charges so that Those Fees and charges will be as Set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time the Fees Charged for That Service May be Increased to Allow for Credit Card Acceptance for Payment. Council Member Marquis MOVED for adoption of Resolution No. 2011 -12 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. There were no Counc comments. KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 10 VOTE: There were no objections. SO ORDERED. D -11. MOTION: Resolution No. 2011 -13 Authorizing Amendment of the Public Utility Regulations and Rates Appended to the Kenai Municipal Code to Delete References to Specific Fees and Charges so that Those Rates, Fees, and Charges Will be as set Forth in a Comprehensive Fee Schedule Adopted by the City Council at Which Time Those Public Utility Rates, Fees, and Charges May be Increased to Allow for Credit Card Acceptance for Payment of Utility Rates, Fees, and Charges. Council Member Marquis MOVED for adoption of Resolution No. 2011 -13 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. The floor was opened for 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. D -12. Resolution No. 2011 -14 Supporting Sound Fisheries Management Practices and Diversified Harvest Opportunities in the Cook Inlet. Heard prior to Item D -5. D -13. *2011 -2011 Liquor License Renewals Peninsula Oilers Baseball Club, Inc., d /b /a Peninsula Oilers (Recreational Site /Seasonal, License #846) George Pitsilionis, d /b /a Pizza Paradisos (Beverage Dispensary, License #3032) Three Bears Alaska, Inc., d /b /a Three Bears Alaska, Inc. (Package Store, License No. 4118) Approved by consent agenda with Council Member Molloy abstaining on the Peninsula Oilers Baseball Club, Inc. and Pizza Paradisos liquor license renewals. ITEM E: MINUTES E -1. *Regular Meeting of January 19, 2011 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. KENAI CITY COUNCIL MEETING FEBRUARY 2,2011 PAGE 11 ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Moore MOVED for approval of the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. H -3. *Ordinance No. 2532 -2011 Increasing Estimated Revenues and Appropriations by $95,885.00 in the Airport Fund and Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. Introduced by approval of consent agenda. *Ordinance No. 2533 -2011 Increasing Estimated Revenues and Appropriations by 52,000 in the General Fund Fire Department. Introduced by approval of consent agenda. H -5. *Ordinance No. 2534 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund by $35,000 for an Environmental Assessment of a Project to Remove Trees Along the Southwest Side of Runway 1L/ 19R that are a Hazard to Aviation. Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 12 H -6. *Ordinance No. 2535 -2011 Increasing Estimated Revenues and Appropriations by $23,964 in the General Fund for Police Equipment and Police Training. Introduced by approval of consent agenda. H -7. *Ordinance No. 2536 -2011 Increasing Estimated Revenues and Appropriations in the General Fund Police Department by $26,500, Fire Department by $20,000, Parks Department by 53,500, and Boating Facility Department by $13,000 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities. Introduced by approval of consent agenda. H -8. *Ordinance No. 2537 -2011 Amending the Kenai Municipal Code Chapter 3.10, Control and Treatment of Animals, to Provide for a New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. Introduced by approval of consent agenda. H -9. Action Item /Approval Second Amendment to Amended City Manager Employment Contract (Three -Year Extension). MOTION: Council Member Bookey MOVED for approval of the Second Amendment to Amended City Manager Employment Contract. Council Member Gabriel SECONDED the motion. Council Member Boyle stated he questioned the actions taken at the January 19, 2011 meeting without holding a public hearing; the actions on the contract at this meeting could fix that problem; thought the process taken was inappropriate or at least questionable; his interests were of the City and understood a contract being negotiated as far out as possible, but did not believe it was in the best interest of the City to extend a contract that would be four and one -half years out as other City contracts are for three years; he believed it was rushed and more time and discussion could have been taken on the issue; and, he would not support the motion. VOTE: *Student Representative Coffman: Yes Gabriel Yes Bookey Yes F Marquis Yes KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 13 Molloy Moore MOTION PASSED. No Yes Boyle ITEM H: COMMISSION /COMMITTEE REPORTS Porter Yes H -10. Discussion /Action Schedule Work Session /Possible Amendments to Commission and Committee Appointments and Public Notification of Vacancies on Commissions and Committees. Council Member Bookey reported he requested a work session be scheduled in response to discussion held at its January 19 meeting related to Ordinance No. 2527- 2011 (failed introduction) and suggested a mid -March date. City Manager Koch reported he, City Clerk Freas and City Attorney Stearns had discussed several issues with regard to review in a work session, i.e. frequency of meetings, duties and responsibilities, attendance policy, excused absences, public notice of vacancies and nomination for appointments. Koch suggested Council direct him, Freas and Stearns to put together the issues needing addressed and a timeline in which Council would like the information provided and then set a work session. Council comments included: These were not new issues, agreed discussing them would be a good idea, and suggested Council employees prepare a plan to discuss at a Council meeting. Belief the ordinance and the issues mentioned could be combined and discussed in a work session (or more work sessions). Support for a work session to be held in mid March. Suggestion the employees draft a proposal to present to Council to discuss at a work session and receive feedback from Council. Council may have suggestions and ideas to propose and /or include. Council directed Koch, Freas and Stearns prepare information and include it in the March 16, 2011 Council meeting packet as an information item. 11-1. Council on Aging Council Member Boyle reported the next meeting would be held February 10, 2011 and added, the Center's Volunteer Appreciation Dinner was very successful. H -2. Airport Commission Council Member Marquis reported the next meeting would be held February 10, 2011. Mayor Porter noted, Henry Knackstedt would continue on the Airport Commission, along with his recent appointment to the Planning Zoning Commission. KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 14 H -3. Harbor Commission Council Member Gabriel reported the next meeting would be held on Monday, February 7, 2011. H -4. Library Commission Council Member Marquis reported on the meeting held February 1, 2011, including the election of Bob Peters as Chair and Kimberly Glidden as Vice Chair. H -5. Parks Recreation Commission Council Member Moore reported a special meeting would be held on Monday, February 7, 2011. Mayor Porter noted the application of Rebecca Lambourn was included in the packet and nominated her for appointment to the Parks Recreation Commission. MOTION: Council Member Molloy MOVED to confirm Rebecca Lambourn to the Parks Recreation Commission and requested UNANIMOUS CONSENT. Council member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. H -6. Planning Zoning Commission Council Member Molloy reviewed the January 26, 2011 meeting minutes which were included in the packet and noted, Jeff Twait was elected Chair and Scott Romain, Vice Chair. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter noted the applications of Connie Jung and Heather Schloeman (application was added at the beginning of the meeting) and nominated them for appointment to the Committee. MOTION: Council Member Molloy MOVED to confirm Jung and Schloeman to the Beautification Committee and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. H -7b. Alaska Municipal League Report No report H -7c. Mini -Grant Steering Committee No report KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 15 H -7d. Kenai Convention Visitors Bureau Council Member Bookey reported on the January 31 meeting actions, including the election of Fred Braun as Chair and Ron Malston as Vice Chair. H -7e. Reports of KPB Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she participated in the Kenai Performers' opening of its new building and that she, Kenai Chamber Director, and Kenai Convention Visitors Center Director would meet monthly. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following items: He was working on budget submissions. He was keeping in close contact with area legislators and their staffers on legislation relevant to the City. He was working with the Airport Manager on FAA issues, the Airport Master Plan, and grant assurances. He planned to be in Juneau February 8 and 9. Commented on Senator Murkowski's rank on the Energy Natural Resources Committee. Noted Duane Bannock had been appointed as the Interim General Services Director at the Borough. He attended the Kenai Chamber of Commerce awards program and noted the Friends of the Library was awarded the Organization of the Year; Dale Barbara Sandahl were awarded the Pioneer Award; and, Roy Wells was presented the Log Cabin Award. J -2. Attorney City Attorney Stearns reported she would be taking leave in the next weeks and would miss the February 16 Council meeting. J -3. City Clerk No report. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) None. K -2. Council Member Comments Boyle No comments. Molloy Thanked the Chamber for recognizing the efforts of the Friends of the Library. KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 16 Marquis Thanked those who testified during the evening; thanked Council Members Moore and Gabriel for Resolution No. 2011 -14; and thanked the Council for supporting Resolution No. 2011 -08. Coffman Reviewed upcoming events at Kenai Central High School, including hockey, skiing, basketball, Honor Band, Mass Choir, and the canned food drive. Bookey Noted the local production of Peter Pan would take place in February and March, and also noted a fundraiser for St. Baldrick's Association would take place on March 19. Gabriel Thanked Council for its support of Resolution No. 2011 -14; stated his support of City Manager Koch attending the Board of Fisheries meeting and reading Resolution No. 2011 -14 into the record; and commented on the State's road maintenance pilot program in using a salt brine system for reducing ice and snow pack ahead of a storm and reducing ice pack after a storm. Moore Reported he had toured the library expansion project and found it to be very impressive; thanked Koch for his willingness to attend the Board of Fisheries meeting on behalf of the City; and, noted he would be absent from the February 16 meeting, but intended to participate telephonically. Porter Confirmed the Parks Recreation Commission would be discussing playground planning at its special meeting to be held Monday, February 8. Koch stated the meeting would be at 7:00 p.m.; Administration would be contacting those who had attended previous park discussions; alternative designs would be presented; no recommendation would be made on alternatives at this meeting; and, an additional special meeting would be planned where a recommendation on an alternative would be made. 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 There being no further business to come before the Council, the meeting was adjourned at approximately 8:35 p.m. Minutes submitted by: Carol L. Freas, ity Clerk KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 17 *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 COUNCIL