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HomeMy WebLinkAbout2011-09-21 Council Minutes (2)KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 21, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt.p:/ /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES 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, Joe Moore, Robert Molloy, Terry Bookey, Brian Gabriel, and Ryan Marquis, comprising a quorum of the Council. Absent was Vice Mayor Mike Boyle. A -3. Agenda Approval Mayor Porter read the following additions to the agenda. ADD TO: D -5: Ordinance No. 2582 -2011 -- Memorandum from Finance Director Eubank ADD TO: G -6: City Clerk Retirement Expenditures • Additional Finance Department Documents • Memorandum from Council Member Molloy MOTION: Council Member Molloy MOVED to approve the agenda as amended and Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. A -4. Consent Agenda Mayor Porter read the following change to the consent agenda: REMOVE: E -1: Minutes Regular Meeting of September 7, 2011 CITY COUNCIL MEETING September 21, 2011 Page 2 MOTION: Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. A -5. Presentation to Olivia Pfeiffer regarding EPA award Mayor Porter presented the EPA President's Youth Award to Olivia Pfeiffer for her second runner up placing in Region 10. Mayor Porter introduced new Public Works Director Sean Wedemeyer and welcomed him to Kenai. ITEM B: ITEM C: SCHEDULED PUBLIC COMMENTS -- None. UNSCHEDULED PUBLIC COMMENTS Merrill Sikorski, 315 S. Kobuk, Soldotna -- Thanked the Council for their support of the Caring for the Kenai program. ITEM D: PUBLIC HEARINGS D -1. Ordinance No. 2578 -2011 -- Designating the City Clerk as the Official Responsible for Codification of Ordinances Enacted by the City Council and Authorizing the Clerk to make Clerical and /or Terhniral Changes to the Kenai Miµnicipal Code to Correct Errors in Spelling, Punctuation and Incorrect Citations. MOTION: Council Member Bookey MOVED for approval of Ordinance No. 2578 -2011 and Council Member Molloy SECONDED the motion. There were no public comments. Marquis suggested changes be brought to Council twice a year. City Attorney Stearns gave background on the ordinance. Molloy agreed with the suggestion of Marquis. Gabriel suggested changes be brought to Council as discussion items rather than ordinances. Stearns noted changes needed to be in ordinance form. MOTION TO POSTPONE: CITY COUNCIL MEETING September 21, 2011 Page 3 Council Member Bookey MOVED to postpone Ordinance No. 2578 -2011 indefinitely and Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2579 -2011 -- Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment, Phase II. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2579 -2011 and Council Member Bookey SECONDED the motion. There were no public comments. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2580 -2011 -- Increasing Estimated Revenues and Appropriations by $41,000 in the General Fund and by $89,965.73 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2580 -2011 and Council Member Molloy SECONDED the motion. There were no public comments. Gabriel asked Administration if this ordinance would complete the project. City Manager Koch replied yes. VOTE: MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2581 -2011 -- Increasing General Fund Estimated Appropriations for State of Alaska Municipal Revenue Sharing Received in Excess of Budgeted Amounts. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2581 -2011 and Council Member Marquis SECONDED the motion. CITY COUNCIL MEETING September 21, 2011 Page 4 There were no public comments. Molloy expressed concern regarding the Parks and Recreation Department personnel position. MOTION TO AMEND: Council Member Marquis MOVED to amend by striking SB97 and replacing it with HB108. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to add after Assistant in the second WHEREAS: with this new position being subject to appropriation of funds in the budget beginning July 1, 2012. Council Member Moore SECONDED the motion. Moore asked Administration if this appropriation usually happened. Koch replied all positions are subject to appropriation. VOTE ON AMENDMENT: MOTION PASSED. Bookey noted the Parks position was sorely needed. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2582 -2011 -- Amending the Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property," Adding a New Sub - section 7.05.090, "Personal Property Tax -- Assessments -- Watercraft," and Amending Sub- section 7.05.010, "Property Subject to Taxation" to Provide for Exemption from Taxation All Watercraft with an Overall Length of Less than Twenty (20) Feet. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2582 -2011 and Council Member Marquis SECONDED the motion. There were no public comments. Gabriel disclosed he owned a boat and would benefit from the Ordinance. Mayor Porter noted the benefit was not substantial and she would allow him to vote. CITY COUNCIL MEETING September 21, 2011 Page 5 Moore disclosed he owned a boat and would benefit from the Ordinance. Mayor Porter noted the benefit was not substantial and she would allow him to vote. Moore noted he had heard from concerned citizens regarding the taxation. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2582 -2011 by striking the word except from Section 3(c) and replacing it with the work exempt. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. Gabriel spoke in support of the ordinance. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. D -6. Ordinance No. 2583 -2011 -- Increasing Estimated Revenues and Appropriations by S600 in the General Fund for a Donation Provided to the City for the Purchase of Disc Golf Equipment. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2583 -2011 and Council Member Gabriel SECONDED the motion. There were no public comments. Moore noted disc golf was becoming a popular sport and thanked the Parks and Recreation Department for their work on the course. VOTE: MOTION PASSED UNANIMOUSLY. Parks and Recreation Director Frates noted he was working with the Disc Golf Association on making the Bernie Huss Park a disc golf course. D -7. Resolution No. 2011 -67 -- Authorizing the City Manager to Enter into an Agreement with the Department of the Ahoy in the Amount of $253,844.50 to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. MOTION: CITY COUNCIL MEETING September 21, 2011 Page 6 Council Member Marquis MOVED to adopt Resolution No. 2011 -67 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Moore requested an update from Administration. City Manager Koch noted and environmental impact statement and Section 7 NOAA consultation would be done and a public meeting would be scheduled for late October to give a status report. VOTE: MOTION PASSED UNANIMOUSLY. D -8. Resolution No. 2011 -68 -- Awarding a Contract to Coastal Painting for Janitorial Services for the Kenai Community Library for the Total Amount of 557,600. MOTION: Council Member Molloy MOVED to approve Resolution No. 2011 -68 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public comments. Bookey suggested considering hiring in -house next budget cycle. Library Director Joiner noted the cost last year was approximately $ 15,000. VOTE: MOTION PASSED UNANIMOUSLY. D -9. Resolution No. 2011 -69 -- Authorizing the Purchase of Approximately 60 Acres of Property Described as the NE 1 /4 NE1 /4 and the E1 /2SE1 /4 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian, Alaska Containing 60 Acres More or Less for Public Water Wells, Well Head Protection, and Associated Public Purposes and Determining that the Public Interest will Not be Served by an Appraisal. MOTION: Council Member Marquis MOVED to approve Resolution No. 2011 -69 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There were no public comments or Council Member comments. CITY COUNCIL MEETING September 21, 2011 Page 7 VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. Regular Meeting of September 7, 2011 MOTION: Council Member Molloy MOVED to postpone approval of the minutes of the September 7, 2011 meeting until the October 5 meeting and Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Bills to be Ratified -- None. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -3. *Ordinance No. 2584 -2011 -- Increasing Estimated Revenues and Appropriations by $21,300 in the General Fund -- Non - Departmental for a National Historic Preservation Act Grant Provided to the City for Planning Preservation Activity at the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic Landmark, Located in Old Town, Kenai. Introduced by approval of consent agenda. G -4. *Ordinance No. 2585 -2011 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. Introduced by approval of consent agenda. G -5. Discussion -- Legal Counsel at Planning and Zoning Commission Meetings. CITY COUNCIL MEETING September 21, 2011 Page 8 Council Member Molloy reported the original request was for legal counsel at all Planning and Zoning Commission meetings, noting a memorandum from City Planner Kebschull requesting assistance with document preparation and attending meetings as needed. Marquis reported there could be a conflict if the issue went to the Board of Adjustment. Gabriel questioned how the budget would be impacted. Moore asked on the difference between the code and procedural questions. Stearns noted procedural issues could be legal. Marquis noted procedural issues regarding Robert's Rules of Order could be handled in training. Porter asked Kebschull how many times she thought the Commission would need counsel. Kebschull reported numerous times within the past six months. Moore reported if Planning and Zoning needed a legal resource, perhaps a contract person could be hired. Porter suggested revisiting the issue after the November training. Molloy noted another position would be a budgetary issue. G -6. Discussion -- Planning Commission Training. Porter noted the Planning and Zoning Commission was requesting funding for three commissioners to attend training at the Alaska Chapter of the American Planning Association in November in Fairbanks. MOTION: Council Member Bookey MOVED to offer training to all commissioners with funding to come from the legislative budget. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. G -7. Discussion -- City Clerk Retirement Expenditures. Council Member Moore reported he brought the issue forward to have open information and to halt the public perception of underhanded wrongdoing. Moore noted two issues of concern: CITY COUNCIL MEETING September 21, 2011 Page 9 1. There was no council vote on the expenditures. He noted this could be resolved with a resolution at the next meeting. 2. No City employee should be asked to perform free. He noted the City should pay the employee for their time. Molloy gave a history of the event on June 15, 2011, reviewing the lay down items and noting the parade was privately sponsored and funded. Porter noted she had purchased gifts for volunteer work and the City Clerk is not a volunteer. Porter noted the lack of communication amongst the Council and noted all city employees should be treated equally. Porter suggested the City Manager handle all retirement issues. Gabriel reported he had not learned about the council donation until after the Clerk received her gift, and noted the process needed improvement. Bookey suggested the Council draft a policy to clarify the process. Koch reported Finance Director Eubank gave no approval of the purchase, noted the employee would be paid, and noted purchase orders were created after the items were purchased. Porter recommended better communication amongst Council members. Moore noted Administration would correct the issue of the employee and a resolution would be brought forward at the next meeting. ITEM 11: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Molloy reviewed the agenda of the September 8, 2011 meeting. H -2. Airport Commission -- Council Member Marquis reported the September 8 meeting had no quorum and no public attended regarding tree removal from airport lands. H -3. Harbor Commission -- Council Member Gabriel reported the next meeting would be October 10, 2011. Library Commission -- Council Member Marquis reported the next meeting would be October 4, 2011. H -5. Parks and Recreation Commission -- Council Member Moore reported the next meeting would be October 6, 2011. CITY COUNCIL MEETING September 21, 2011 Page 10 H -6. Planning and Zoning Commission -- Council Member Molloy reviewed the meeting of September 14, 2011. 11-7. Miscellaneous Commissions and Committees H -7 -a. Beautification Committee -- Mayor Porter reviewed the meeting of September 13 and noted the flowers around the City were gorgeous. H -7 -b. Alaska Municipal League Report -- No report. 11-7 -c. Mini -Grant Steering Committee -- No report. H -7 -d. Kenai Convention and 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 she attended the following events: • Strong Woman Walk 9/11 Remembrance Ceremony in Soldotna Retirement party for Herb Stettler The Enstar Barbeque for CINGSA ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- Koch reported all commissions and committees were reviewing the Capital Improvement Project list; work on the dip net report would be wrapping up, Buccaneer representatives were in town, and he would be out of the office October 3 - 7, 2011. Koch also reviewed his plan for handling fish waste next summer and gave an update on the health plan. Porter asked Koch about the siding for the Senior Center. Koch reported it would go to bid in March, 2012. Porter asked Koch about playground equipment. Koch noted he would have a report at the next meeting. Porter asked Koch about enclosed trash receptacles. Koch reported he would collect bids in March 2012. Gabriel asked Koch about fencing dumpsters rather than purchasing bear resistant dumpsters. Koch noted he would look at the possibility. J -2. City Attorney -- Stearns reported the letter of non - objection had been received from the Department of Justice regarding changes to the election portion of the City code. J -3. City Clerk -- Deputy City Clerk Hall reported absentee voting had started September 19 and was running smoothly, and she had delivered packets for the September 27 work session to all council members. CITY COUNCIL MEETING September 21, 2011 Page 11 ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments -- None. K -2. Council Comments Molloy had no comments. Marquis congratulated Olivia Pfeiffer on her award. Student Representative Daly reported on the blood drive at Kenai Central High School and noted the school had a disc golf club. Bookey thanked Porter for speaking at the 9/11 Remembrance Ceremony and welcomed retired City Clerk Carol Freas. Gabriel thanked Merrill Sikorski for his comments and welcomed Public Works Director Wedemeyer. Moore welcomed Freas. EXECUTIVE SESSION -- Corrective meeting under Alaska Statute 44.62.310(f) to address a notice deficiency with respect to the August 18, 2011 Special Meeting (technical error in website publication) convened for the sole purpose of holding an executive session on financial matters related to CINGSA's gas storage project being developed in the City of Kenai. The purpose of the executive session is to discuss matters the immediate knowledge of which could have an adverse impact on the finances of the City of Kenai and to give direction to Administration and the City's legal counsel: negotiation with CINGSA regarding CINGSA's purchase of mineral rights, easements, and access to pore space. MOTION: Council Member Molloy MOVED to convene in executive session and requested the City Attorney and City Manager attend. Council Member Marquis SECONDED the motion. Council Members voting YES: Molloy, Moore, Gabriel, Bookey, Marquis Council Members voting NO: Porter VOTE: MOTION PASSED. CITY COUNCIL MEETING September 21, 2011 Page 12 BREAK: 9:26 P.M. BACK TO ORDER: 9:50 KM. Council Member Molloy reported the Council met in Executive Session and affirmed the meeting of August 18, 2011, received an update and gave direction to the City Attorney and City Manager. ITEM L: PENDING LEGISLATION ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:51 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk VEO BY COUNCIL It- V(D -It CITY CLERK