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HomeMy WebLinkAbout2011-07-06 Council MinutesMINUTES KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:01 p.m. in the Council Chambers of the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance A -2. ROLL CALL There were present: Mayor Pat Porter, Vice Mayor Mike Boyle (telephonically), Robert Molloy, Joe Moore, Brian Gabriel, Terry Bookey, Ryan Marquis, comprising a quorum of the Council. A -3. AGENDA APPROVAL The following changes were requested: ADD TO: MOTION: Agenda -- Corrected Agenda B -3, Thomas R. Daly -- Procurement Matters: The Economic Impact of Local Suppliers G -4, Schedule Board of Adjustment Hearing -- July, August and September 2011 Calendars Council Member Molloy MOVED for approval of the agenda as amended with the additions to the packet as requested. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Frank Arbelovsky, Senior Connection -- Meals -on- Wheels Annual Donation Mr. Arbelovsky reported on the March 2011 Meals on Wheels Fundraiser, noting the Senior Center served over 36,000 meals last year, 27,000 of which were home delivered. He presented the City with a check for 511,716.11 to be allocated to the Meals on Wheels program and suggested Administration paint the new Meals on Wheels van to advertise the City's All- America City award. B -2. Glenda Landua, Kenai Peninsula Borough Office of Emergency Management -- Kenai Community Emergency Response Team (CERT) Program Overview. Jan Yeager gave a presentation on the Kenai Community Emergency Response Team (CERT) regarding training in disaster preparedness, local assessment outside the home, traffic control, evacuations, and health and safety fairs. She thanked Fire Chief Tilly for assistance with training events. B -3. Thomas R. Daly, Kenai -- Procurement Matters: The Economic Impact of Local Suppliers, Civic Economics. Mr. Daly presented a study by Civic Economics regarding the economic impact of local businesses within the community and supported buying local. • ITEM C: ITEM D: D -1. MOTION: UNSCHEDULED PUBLIC COMMENTS -- None PUBLIC HEARINGS Ordinance No. 2565 -2011 -- Amending the Kenai Municipal Code Title 14, Planning and Zoning, to Clarify What Rates, Charges, and Fees are Due as Set Forth in the City's Fee Schedule and Making Technical Changes and Corrections, Including Removing the Appeal Section for Encroachment Permits at KMC 14.20.185, to Clarify that Appeals are Subject to the Process in KMC 14.20.290. Council Member Marquis MOVED to enact Ordinance No. 2565 -2011 and Council Member Gabriel SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 3 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: MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund and in the Senior Citizens Fund for the Purchase of a New Meals -On- Wheels Delivery Van Utilizing the State of Alaska Fleet Purchasing Program. MOTION: Council member Molloy MOVED to enact Ordinance No. 2566 -2011 and Council Member Bookey SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Suggested painting the van to say "Meals on Wheels ". ® Suggested adding the All- America City logo to the van. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2567 -2011 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel" Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2012 Operating Budget Salary Schedule. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2567 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -4. MOTION: Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. Council Member Marquis MOVED to enact Ordinance No. 2568 -2011 and Council Member Bookey SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 4 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: • Inquired as to the health of the Fire Department budget for the coming year. VOTE: MOTION PASSED UNANIMOUSLY. D -5. Resolution No. 2011 -51 -- Amending the City of Kenai Retention Schedule. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -51 and requested UNANIMOUS CONSENT. Council Member Bookey 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: There were no objections. SO ORDERED. D -6. Resolution No. 2011 -52 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Increase Airport Fees for Signatory and Non - Signatory Aircraft Landing Fees and Terminal Building Rent for Exclusive and Joint Use Space. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -52 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2011 -53 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Decrease Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches to the FY11 Rate of S15.00 per 12 Hour Period for Parking and $15.00 per Overnight Camping. MOTION: KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 5 Council Member Bookey MOVED to approve Resolution No. 2011 -53 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. City Manager Koch gave background on the issue as follows: The initial plan was to dump fish waste at the Borough Solid Waste Landfill, but that plan fell through. He would be looking at other options. The fish cleaning stations the City procured would not be used. Council comments included: • Inquired if the fish cleaning stations could generate more waste. • Inquired if enforcement of "no fish waste on the beach" could be increased. Requested Administration consider applying for an offshore dumping permit. Noted fees should be lowered as fish cleaning stations would not be used. Supported reducing fees. VOTE: Councilors voting Yes: Molloy, Boyle, Porter, Bookey, Marquis Councilors voting No: Moore, Gabriel MOTION PASSED. D -8. Resolution No. 2011 -54 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Correct Formatting of the Senior Center Meal -- Suggested Donations Section, to Increase the Child and Adult Non - Senior Meal Prices, and to Increase the Suggested Meal Donation Amou:.t for Senior Meals. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -54 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing There being no one wishing to speak, the public hearing was closed. Council comments included: • Suggested raising the adult price to $15.00 VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 6 D -9. Resolution No. 2011 -55 -- Awarding a Contract to Foster Construction, Inc. for the Project Entitled Marathon Park Phase I- Parking Lot Improvements 2011 for the Total Amount of $161,496.00. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -55 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. City Manager Koch noted the contract would be finalized within ten days and the project would be completed within 45 days thereafter. VOTE: There were no objections. SO ORDERED. BREAK: 8:02 P.M. BACK TO ORDER: 8:12 P.M. ITEM E: MINUTES E -1. *Regular Meeting of June 15, 2011 -- Approved by consent agenda. E -2. *Notes of June 6, 2011 Council Work Session -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None 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 Bookey MOVED for approval of purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 7 G -3. Action /Approval -- Amendment to Lease /Purpose -- Aircraft Operation and Maintenance to Air Freight Shipping and Receiving or Aircraft Parking -- Schilling Rentals, LLC /Lot 3, Block 2, General Aviation Apron. MOTION: Council Member Molloy MOVED to approve the Amendment to Lease /Purpose for Schilling Rentals, LLC and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -4. Discussion -- Schedule Board of Adjustment Hearing. The Board of Adjustment Hearing on an appeal filed by Robert Flanders was set for August 22, 2011 at 6:00 p.m. G -5. Discussion /Action -- Deputy Clerk Position. MOTION: Council Member Marquis MOVED to have the Deputy City Clerk work full time in the Clerk's office and assume all duties of the Clerk until a new City Clerk is appointed. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -6. Discussion /Action -- Setting Salaries of City Manager, City Attorney and City Clerk. MOTION: Council Member Moore MOVED to set the salary for the City Attorney with a 3% increase by contract; for the City Manager with a 2% merit increase; for the City Clerk salary to remain unchanged; and, to give all three a 1% Cost of Living Allowance (COLA). Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Boyle reported the July meeting had been canceled and Council Member Molloy would attend for him through September. KENAI CITY COUNCIL MEETING JULY 6, 2011 . PAGE 8 H -2. Airport Commission -- Council Member Marquis reported the next meeting would be July 14, 2011. H -3. Harbor Commission -- Council Member Gabriel reported the next meeting would be July 11, 2011 and Council Member Molloy would attend in his place. H -4. Library Commission -- Council Member Marquis reported the July meeting had been canceled and noted the Grand Opening would be July 9, 2011 from 11:00 a.m. through 2:00 p.m. H -5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be August 4, 2011. H -6. Planning & Zoning Commission -- Council Member Marquis reviewed the actions taken at the June 22, 2011 meeting, including the work session on Ordinance No. 2546-2011. Council Member Molloy thanked Marquis for attending for him. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- No report. H -71b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- Mayor Porter noted the application from Johna Beech to replace Carol Bannock as the Chamber of Commerce Liaison on the Committee. MOTION: Council Member Molloy MOVED to affirm the appointment of Ms. Beech and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. H -7d. Kenai Convention & Visitors Bureau -- Council Member Bookey noted the last meeting had been held on June 27, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR Mayor Porter recognized Assembly Member Linda Murphy in the audience; thanked Parks and Recreation Director Frates for his crew's work on the gardens within the City and for cleaning up after the July Fourth celebration; applauded the Chamber of Commerce for the July Fourth event; attended the Marathon Oil presentation and KENAI CITY COUNCIL MEETING JULY 6, 2011 PAGE 9 congratulated them for two years without an OSHA incident; attended the Frontier Community Services baseball game; attended the UCIDA meeting at the American Legion; attended the 95th birthday celebration of Fiocla Wilson at the Tyotkas Center; noted boy scouts from Australia participated in the parade; requested Administration clean up the dead trees near Walker Lane and the Kenai Spur Highway; and, requested the City Attorney investigate adding a ballot measure to remove the requirement of nominating petitions before March 2012. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch applauded Senator Wagoner and Representatives Olson and Chenault for their work on the budget; a grant through the Kenai Watershed Forum for water testing would be forthcoming; noted signage from the State with DEC logo and contact information would be posted on the beach this year; and, would have an update on playground equipment at the next meeting. Mayor Porter requested Administration investigate a possible street light for the corner of Rogers Road and Kenai Spur Highway and congratulated Finance Director Eubank on his commendation regarding financial reporting. J -2. Attorney -- City Attorney Stearns reported the nominating petition request would require an amendment of the City Charter; she had been invited to be a Fellow of the American Bar Foundation and accepted the invitation; and, noted she would be attending a meeting in Toronto, Canada for the American Bar Association. J -3. City Clerk -- Deputy City Clerk Hall thanked Council for the opportunity to work for them while they recruited for a new City Clerk; reminded Council regarding the AML Summer Meeting in Sitka; and inquired as to whether the Council would like to resume the tradition of candy dishes during meetings. This request was positively met. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- None K -2. Council Member Comments Molloy -- Congratulated Ms. Stearns on her fellowship with the American Bar Association; thanked the presenters; and noted issues from the public regarding outdoor wood burning boilers and changing the conditional use permit. Marquis -- None. Bookey -- Thanked Mr. Arbelovsky for the Senior Connection donation; thanked Mr. Daly for his presentation; thanked the City Manger for his work on the Capital Projects List; and, congratulated Mr. Eubank on his award. KENAI CITY COUNCIL MEETING JULY 6,2011 PAGE 10 Gabriel -- Noted the approval of so many items on the Capital Projects List was a reflection of high quality of the projects submitted. Moore -- Reported next Monday (July 11, 2011) would be the first commercial set net opening and requested the Clerk send a letter of thanks to Courtney Stroh for her "ROC the Kenai" project. EXECUTIVE SESSION -- Concerning a matter that could prejudice the reputation and character of another -- City Manager Performance (at City Manager's request). MOTION: Council Member Marquis MOVED to enter into executive session concerning a matter that could prejudice the reputation and character of another regarding the City Manager's performance at the City Manager's request and requested the City Manager attend. Council Member Bookey SECONDED the motion. VOTE: COUNCILORS VOTING YES: Molloy, Porter, Moore, Gabriel, Bookey, Marquis (Clerk's note: Boyle was no longer participating telephonically) COUNCILORS VOTING NO: None MOTION PASSED UNANIMOUSLY. BREAK: 8:55 P.M. BACK TO ORDER: 9:20 P.M. Council Member Bookey reported the Council met in Executive Session and discussed the City Manager's Performance. ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:21 p.m. Minutes submitted by: Corene Hall, CMC, Deputy City Clerk