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Home My WebLink About2011-08-03 Council MinutesMINUTES KENAI CITY COUNCIL - REGULAR MEETING AUGUST 3, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Council Member Molloy called the meeting to order at approximately 7:03 p.m. MOTION: Council Member Gabriel MOVED to nominate Joe Moore President Pro Tempore and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. Council Member Moore took the gavel as President Pro Tempore and chaired the meeting from that time. A -1. Pledge of Allegiance President Moore led those assembled in the Pledge of Allegiance A -2. Roll Call There were present: President Pro Tempore Joe Moore, Robert Molloy, Terry Bookey, Brian Gabriel, Ryan Marquis (telephonic) and Mike Boyle (telephonic), comprising a quorum of the Council. Absent was: Mayor Pat Porter A -3. Agenda Approval President Moore read the following addition to the agenda: ADD TO: MOTION: Information Items Article -- Anchorage Waters Hit by Illegal Kenai Salmon Dumping Council Member Molloy MOVED to approve the agenda as amended with the additions to the packet as requested and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 2 A -4. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B -1. Marilyn Kebschull, City Planner -- 2011 Comprehensive Plan Update. City Planner Kebschull reviewed the update included in the packet, noting the Council would need to approve the Comprehensive Plan and recommend approval to the Kenai Peninsula Borough Planning Commission and the Assembly. Kebschull reported an online survey would be available in mid August. ITEM C: ITEM D: D -1. MOTION: UNSCHEDULED PUBLIC COMMENTS -- None. PUBLIC HEARINGS Ordinance No. 2569 -2011 -- Increasing Estimated Revenues and Appropriations by S1,666 in the General Fund for a Library Grant. Council Member Gabriel MOVED to enact Ordinance No. 2569 -2011 and Council Member Molloy SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2570 -2011 -- Increasing Estimated Revenues and Appropriations by $6,500 in the General Fund for a Library Grant. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2570 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. 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. KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 3 MOTION: Council Member Bookey MOVED to approve Ordinance No. 2571 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -4. MOTION: 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. Council Member Bookey MOVED to approve Ordinance No. 2572 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -5. 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. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2573 -2011 and Council Member Molloy SECONDED the motion. There were no public comments. Council Member Gabriel inquired about bacteria levels. City Manager Koch reported there were a number of readings that exceeded safe levels of contamination. Council Member Gabriel inquired as to whether the stages of the tide affected the readings. City Manager Koch reported he was not certain, but assumed they did. President Moore inquired about the City Water Treatment Facility. City Manager Koch reported the city complied with EPA water quality standard levels and noted the discharge was several thousand feet offshore. VOTE: MOTION PASSED UNANIMOUSLY. D -6. 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 KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 4 Control Invasive Reed Canary Grass on the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2574 -2011 and Council Member Molloy SECONDED the motion. There were no public comments or Council comments. VOTE: MOTION PASSED UNANIMOUSLY. D -7. Resolution No. 2011 -62 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Identify Fees in Consideration of Applications for Amendments to the Kenai Zoning Code or Official Zoning Map or Consideration of Applications for Variance, Conditional Use or Encroachment Permits. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -62 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Regular Meeting of July 20, 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 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There was no public comment. VOTE: MOTION PASSED UNANIMOUSLY. G -2. Approval of Purchase Orders Exceeding $15,000 -- None. G -3. *Ordinance No. 2575 -2011 -- Amending Kenai Municipal Code Section 22.05.135, Acquisition of Real Property, to Allow the City to Purchase Real Property Without an Independent Appraisal Upon a Best Interests Finding of the Council. KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 5 Introduced and set for public hearing on August 17, 2011 by approval of the Consent Agenda. G -4. *Ordinance No. 2576 -2011 -- Amending Chapter 13.40, "Off -Road Operations of Motor Vehicles," to Clarify that Persons with Mobility Disabilities may Operate Wheelchairs and Other Mobility Devices in Areas Otherwise Restricted to Bicycles and Pedestrians and to Permit the Use of Electric Personal Motor Vehicles in Similar Areas. Introduced and set for public hearing on August 17, 2011 by approval of the Consent Agenda. G -5. MOTION: Action /Approval -- Vacate Upland Way, a 15.8 foot wide Public Right -of- way Adjacent to and Dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and Vacate Overland Way, a Public Right -of -way of Varying Widths Adjacent to and Dividing Lots 3, 9, And 21 from Lots 4, 8. 19 and 20 Block 5, Dedicated by Townsite of Kenai U. S. Survey 2970A; and Vacate the Associated Utility Easements all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough, KPB File 2011 -079; Location: City of Kenai. Council Member Bookey MOVED to approve the vacation and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Administration reviewed the plat map included in the packet. VOTE: MOTION PASSED UNANIMOUSLY. G -6. Discussion -- Reschedule Work Session -- Clerk Recruitment After brief discussion, the work session was rescheduled for Monday, August 29, 2011 at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Molloy reported the next meeting would be August 11, 2011. H -2. Airport Commission -- Council Member Marquis reported the next meeting would be August 11, 2011. H -3. Harbor Commission -- Council Member Gabriel reported the August 8 meeting had been cancelled and the next meeting would be September 12, 2011. KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 6 H -4. Library Commission -- Council Member Marquis reported the August 2 meeting had been cancelled and the next meeting would be September 6, 2011. H -5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be August 4 and Council Member Bookey would attend in his place. H -6. Planning & Zoning Commission -- Council Member Marquis reported on the July 27, 2011 work session and agenda items. 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 -- No report. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch thanked the entire staff for their work during the personal use fishery and reported he would pass on the Planning and Zoning Commission's request for legal opinion to the City Attorney. J -2. Attorney -- No report. J -3. City Clerk -- Deputy City Clerk Hall reported nominating petitions for the October election were available in the Clerk's office and two packets had been taken. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments -- None. K -2. Council Member Comments Council Member Gabriel thanked the staff for their work during the dip net season; reported Inlet Fisheries had issues with the road being blocked during the personal use fishery and boats tying up to their dock and buoys; and, congratulated the Peninsula Oilers baseball team on their season. KENAI CITY COUNCIL MEETING AUGUST 3, 2011 PAGE 7 Council Member Bookey echoed the thanks to the staff for their work during the personal use fishery and reported he thought the cleanup efforts were the best to date. Council Member Molloy agreed with his colleagues and thanked Courtney Stroh's "ROC the Kenai" crew for their beach cleanup work. Molloy also noted citizens who lived on Toyon had seeded the bluff and were concerned with damage during the personal use fishery; signage was suggested. President Moore echoed compliments to the City administration on the personal use fishery and suggested requesting help from the State and Board of Fish on enforcement and cleanup. City Manager Koch reported he had seen increased enforcement this year. EXECUTIVE SESSION -- Discussion regarding pending litigation and strategy and a matter of which immediate knowledge could have an adverse effect on the finances of the City -- Tammy Spillman v. City of Kenai. MOTION: Council Member Molloy MOVED the Council convene into Executive Session and requested the City Manager attend. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 8:10 P.M. BACK TO ORDER: 8:30 P.M. Council Member Molloy reported the Council met in Executive Session and gave direction to the City Manager and City Attorney. ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:31 p.m. Minutes submitted by: Corene Hall, CMC, Deputy City Clerk i1 t pw xa�e' �� C I,°=