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HomeMy WebLinkAbout2011-07-20 Council MinutesMINUTES KENAI CITY COUNCIL - REGULAR MEETING JULY 20, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. 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, Robert Molloy, Terry Bookey, Ryan Marquis, comprising a quorum of the Council. A -3. Agenda Approval The following changes were requested: ADD TO: Information Items Invitation -- Rural Alaska Community Action Program MOTION: Council Member Molloy MOVED to approve the agenda as amended with the additions to the packet as requested and requested UNANIMOUS CONSENT. 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. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 2 B -1. Lawrence N. Hoyez -- Concerns Regarding Water /Sewer Costs to Low Income Senior Citizens Mr. Hoyez was not present for the meeting. ITEM C: UNSCHEDULED PUBLIC COMMENTS Courtney Stroh, 35633 Baranof Street, Kenai -- reported on her "ROC the Kenai" project of cleaning the beaches during the personal use fishery, including information gathering, providing brochures to the public, and wanting to remain active in the process. Council Member Molloy thanked Stroh for her presentation, her work on the beach and the cards she sent to Council Members. Council Member Bookey echoed Molloy's comments. Council Member Marquis thanked Stroh for working during her summer break. Mayor Porter requested a copy of the letter to send to Representatives and the names and addresses of Stroh's team in order to mail them each thank you cards. ITEM D: PUBLIC HEARINGS D -1. Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." MOTION: Council Member Marquis MOVED to enact Ordinance No. 2560 -2011 and Council Member Bookey SECONDED the motion. Porter opened the floor to public comment. There being no one wishing to speak, the public hearing was closed. D -1 -a. Substitute Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.010, Definitions to add Definitions for Operative Vehicle and Inoperative and Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of what is a "Junk Vehicle." MOTION: Council Member Bookey MOVED to amend Ordinance No. 2560-2011 by SUBSTITUTION. Council Member Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 3 Porter opened the floor to public comment. There being no one wishing to speak, the public hearing was closed. Council Member comments included concern with the substitute, the possible exclusion of motor cycles from the ordinance, and problems with enforcement. Council Member Bookey reviewed the work of the Planning and Zoning Commission on the ordinance at their July 13, 2011 meeting. VOTE ON AMENDMENT: Council Members Voting YES: Porter Council Members Voting NO: Bookey, Marquis, Molloy MOTION FAILED. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2560-2011 to the August 17, 2011 meeting at the request of Council Member Boyle. Council Member Marquis SECONDED the motion. VOTE TO POSTPONE: Council Members Voting YES: Bookey, Marquis, Molloy Council Members Voting NO: Porter MOTION PASSED. BREAK: 7:17 P.M. BACK TO ORDER: 7:20 P.M. D -2. Resolution No. 2011 -56 -- Accepting the Terms and Conditions of the Water Treatment Upgrades Grant Offer and Responsibility to Operate and Maintain the Water Utility Improvements. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2011 -56 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. D -3. Resolution No. 2011 -57 -- Recognizing the Generous Contributions of the Friends of the Kenai Community Library Which Were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 4 MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -57 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. D -4. Resolution No. 2011 -58 -- Recognizing the Generous Contributions of the Rasmuson Foundation Which were Critical to the Success of the Kenai Community Library Expansion and Remodel Project. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -58 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. D -5. Resolution No. 2011 -59 -- Recognizing the Generous Contribution of the BP Foundation Which was Critical to the Success of the Kenai Community Library Expansion and Remodel Project. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -59 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. D -6. Resolution No. 2011 -60 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -60 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 5 D -7. Resolution No. 2011 -61 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -61 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There was no public comment. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of July 6, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. 0-2. 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. *Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by $1,666 in the General Fund for a Library Grant. Introduced by approval of the Consent Agenda. KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 6 G -4. *Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant Introduced by approval of the Consent Agenda. G -5. *Ordinance No. 2571 -2011 -- Increasing Estimated Revenues and Appropriations by $480.00 in the General Fund for the Police Department to Purchase Equipment from Asset Forfeiture Funds Provided to the City of Kenai. Introduced by approval of the Consent Agenda. G -6. *Ordinance No. 2572 -2011 -- Increasing Estimated Revenues and Appropriations by $1,000,000 in the Municipal Roadway Paving Capital Project Fund for a State Grant. Introduced by approval of the Consent Agenda. G -7. *Ordinance No. 2573 -2011 -- Increasing Estimated Revenues and Appropriations by $80,901 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2011 Personal Use Fishery. Introduced by approval of the Consent Agenda. G -8. *Ordinance No. 2574 -2011 -- Increasing Estimated Revenues and Appropriations by $72,552 in the Anadromous Fish Protection Capital Project Fund for the Receipt of a Grant from the State of Alaska Department of Fish and Game, Division of Sport Fish, to Fund Efforts to Control Invasive Reed Canary Grass on the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake. Introduced by approval of the Consent Agenda. G -9. Action /Approval -- Assignment of Concession Agreement -- Rosin Investments, Inc. to Upper Deck, LLC. MOTION: Council Member Marquis MOVED to approve the Assignment of Concession Agreement -- Rosin Investments, Inc. to Upper Deck, LLC and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -10. Action /Approval -- Vacate the 50 -foot Wide Section Line Easements (North /South & East /West) Lying Within U. S. Survey No. 4969 Excluding the Area that will Underlie Floatplane Road Dedication Proposed on Kenai Cemetery KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 7 Expansion No. 2 plat; and Vacate the 33 -foot Wide Section Line Easements (North /South & East /West) Lying Within Lot 1, Kenai Cemetery Expansion (Plat KN 2009 -50); and Vacate the 3 -foot Wide Section Line Easements Each Side of the Section Line Common to the Southwest '/a Section 32, T6N, R11W, and the Northwest 1 of Section 5, T5N, R11W, Lying Between the Main Street Right -of- way and U. S. Survey No. 4969; All Within Section 31 & 32, T6N, R11W and Sections 5 &6 T5N, R11W; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2011- 59. MOTION: Council Member Marquis MOVED to approve the Vacation and requested UNANIMOUS CONSENT. Council member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -11. Discussion -- Schedule Work Session to review City Clerk Applications. General discussion occurred. A Work Session was scheduled for Friday, August 12, 2011 at 6:00 p.m. in Council Chambers. It was requested that Consultant Linda Murphy attend the meeting to record and take notes, as Deputy City Clerk could not attend. G -12. Discussion -- Web Streaming of Planning and Zoning Commission Meetings, Work Session, and other Events. General discussion occurred. The timeline for the roll out was reviewed. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- The July meeting was cancelled. 11-2. Airport Commission -- Council Member Marquis reviewed the meeting of July 14, 2011 and noted the next meeting would be August 11, 2011. H -3. Harbor Commission -- Council Member Molloy noted the meeting summary was in the packet. 11-4. Library Commission -- Council Member Marquis reported on the Grand Re- opening and the next meeting would be August 2, 2011. H -5. Parks & Recreation Commission -- Parks and Recreation Director Frates reported the next meeting would be August 4, 2011. 11-6. Planning & Zoning Commission -- Council Member Bookey reviewed the work session both before and after the July 13 meeting, reviewed the minutes of the KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 8 meeting which were included in the packet, and noted the next meeting would also include a work session both before and after the meeting. H -7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- No Report. H- 7- b.Alaska Municipal League Report -- No Report. H -7 -c. Mini -Grant Steering Committee -- No Report. H -7 -d. Kenai Convention & Visitors Bureau -- No Report. H -7 -e. Reports of KPB Assembly, Legislators and Councils -- No Report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported on attending the Grand Re- opening of the Kenai Community Library, and noted Water /Sewer Foreman Dan Young would be recognized at the August 17, 2011 meeting. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch reported the playground design was being developed; recognized Assemblyperson Hal Smalley for his work on helping the City purchase borough land for a reduced fee of $2.00; and, noted the personal use fishery had a high impact on all departments within the City. Mayor Porter requested information on beatification monies from the State for the Beaver Loop project be brought to the next meeting. J -2. Attorney -- City Attorney Stearns reported she would be unavailable for the August 3, 2011 meeting as she would be attending the American Bar Association conference. J -3. City Clerk -- Deputy City Clerk Hall thanked everyone for their help during the transition within her office, and noted she would be taking a few days off for her son's wedding Council requested Linda Murphy cover the office in her absence. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- None. K -2. Council Member Comments Bookey thanked Ms. Stroh for her work on the beach and her presentation and noted he had attended the Library Grand Re- opening. KENAI CITY COUNCIL MEETING JULY 20, 2011 PAGE 9 Marquis defended dip netters and noted the increased business within the City during the personal use fishery. Molloy gave his appreciation for the comments of the other council members and wished commercial, sport and personal use fishers good luck during the current season. EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:04 p.m. Minutes submitted by: Lorene Hall, CMC, Deputy City Clerk APPIOSIgt ': ,,•' .,. nATE rr ^a