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Home My WebLink About2015-03-04 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING MARCH 4, 2015 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on March 4, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ryan Marquis Henry Knackstedt Terry Bookey Brian Gabriel A quorum was present. Also in attendance were: Robert Molloy Tim Navarre Pat Porter Rick Koch, City Manager Scott Bloom, City Attorney (telephonic) Sandra Modigh, City Clerk 3. Agenda Approval Mayor Porter noted the following revisions /additions to the agenda /packet: Delete B.1 Wildflower Field Presentation by Ms. Gabriel Move DA to D.1 Ordinance No. 2817 -2015 • Wildflower Presentation G.3 Non Objection of Liquor License Renewals • Add to the Record a Non - Objection Letter from Kenai Borough for 2Go Mart MOTION: Council Member Molloy MOVED to approve the agenda with requested additions /revisions and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Councilor Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *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. B. SCHEDULED PUBLIC COMMENTS 1. Morgan Merritt, Project Manager, Department of Transportation — Discussion of Upcoming Department of Transportation Project to Improve 4.4 Miles of the Kenai Spur Highway (from Cole Drive to McKinley Street). Mr. Merritt provided an update on the project and requested comments from the Council on the first plan be provided by March 16. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. Ordinance No. 2817 -2015 — Appropriating Funds in the General and Parks Improvement Capital Project Funds in the Amount of $20,000 for Purchase and Installation of a Gazebo at the Site of the City's Field of Flowers. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2817 -2015; the motion was SECONDED by Marquis. Mayor Porter opened the public hearing. City of Kenai Council Meeting Page 2 of 12 March 4, 2015 Lisa Gabriel, Chair of Beautification Committee provided a presentation on the Wildflower Field including additional upgrades recommended by the Beautification Committee. There being no one else wishing to be heard, the public hearing was closed. Council inquired whether $20,000 was enough to complete the upgrades and noted residents would donate wood and other supplies to assist the City in completing the upgrades inexpensively. Members of Council expressed concerns with allocating funds from the City's fund balance the same year the City raised taxes; it was recommended the matter be discussed during the budget process. Maintaining the simplicity of the Field of Flowers rather than creating another park was an additional concern. VOTE: YEA: Porter, Knackstedt, Navarre NAY: Bookey, Gabriel, Marquis, Molloy MOTION FAILED. 2. Ordinance No. 2813 -2015 —Amending the Kenai Municipal Code Section 1.15.130 — Telephonic Participation, to Increase the Opportunity for Telephonic Participation in Council Meetings by Council Members. • Substitute Ordinance No. 2813 -2015 [Clerk's Note: At its February 4th meeting, Council amended and postponed this ordinance to the March 4th meeting. An amendment to the amendment is on the floor.] With concurrence of Gabriel, Councilor who seconded the primary and secondary amendment, Council Member Navarre withdrew his motions from the floor. MOTION TO AMEND: Council Member Navarre MOVED to amend by Substitute Ordinance No. 2813 -2015; the motion was SECONDED by Gabriel. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend 1.15.130 (c) by deleting the words, "in writing" and deleting, "6 (six)" hours and inserting, "2 (two)" hours; the motion was SECONDED by Gabriel. DIVISION OF THE QUESTION: Council Member Bookey MOVED to divide the question; it was SECONDED by Marquis. City of Kenai Council Meeting Page 3 of 12 March 4, 2015 VOTE: YEA: Porter, Bookey, Gabriel, Knackstedt, Molloy NAY: Marquis, Navarre MOTION PASSED. Amendment No. 1: amend 1.15.130(c) by deleting the words, "in writing ". VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre NAY: Marquis, Bookey, Molloy MOTION PASSED. Amendment No. 2: amend 1.15.130(c) by deleting, "6 (six)" hours and inserting, "2 (two)" hours. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre NAY: Marquis, Bookey, Molloy MOTION PASSED. MOTION TO AMEND THE AMENDMENT: Council Member Bookey MOVED to amend 1.15.130(c) by deleting the words, "the physical address of the location "; the motion was SECONDED by Marquis. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND THE AMENDMENT: Council Member Bookey MOVED to amend 1.15.130(t) by deleting it in its entirety; the motion was SECONDED by Marquis. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 4 of 12 March 4, 2015 MOTION TO AMEND THE AMENDMENT: Council Member Bookey MOVED to amend 1.15.130(e) by deleting the words, "constituting a quorum "; the motion was SECONDED by Marquis. VOTE: YEA: Marquis, Bookey, Molloy NAY: Porter, Gabriel, Knackstedt, Navarre MOTION FAILED. MOTION TO AMEND THE AMENDMENT: Council Member Bookey MOVED to amend 1.15.130(e) by inserting the words, "members participating by telephone shall not be counted towards establishment of a quorum." at the end of the sentence; the motion was SECONDED by Marquis. VOTE: YEA: Marquis, Bookey, Molloy NAY: Porter, Gabriel, Knackstedt, Navarre MOTION FAILED. MOTION TO AMEND THE AMENDMENT: Council Member Bookey MOVED to amend 1.15.130(b) by deleting the words, "unless it is a special meeting called to consider an emergency action, in which case all members may participate telephonically "; the motion was SECONDED by Marquis. VOTE: YEA: Marquis, Bookey, Molloy NAY: Porter, Gabriel, Knackstedt, Navarre MOTION FAILED. VOTE ON MAIN AS AMENDED: YEA: Porter, Gabriel, Knackstedt, Navarre NAY: Marquis, Bookey, Molloy MOTION PASSED. 3. Ordinance No. 2815 -2015 — Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, "Library Commission ". City of Kenai Council Meeting Page 5 of 12 March 4, 2015 • Substitute Ordinance No. 2815 -2015 — Enacting Kenai Municipal Code Section 1.57.030- Suspension of the Library Commission, to Suspend the Library Commission until Further Action by Council. [Clerk's Note: At its February 18' meeting, Council amended Ordinance 2815 -2015 by substitution. A motion to enact is on the floor.] Mayor Porter opened the floor for public hearing. Bob Peters, Kenai Resident and former Library Commission Member spoke in favor of the Substitute Ordinance. It was noted that the Friends of Library were not intended to be a substitute for our Commission and that better advertising of our vacancies may address recruitment issues. MOTION TO AMEND: Council Member Navarre MOVED to amend the 51h WHEREAS by deleting the words, "can fill much of the role the Commission formerly provided" and requested UNANIMOUS CONSENT; the motion was SECONDED by Marquis. VOTE: There being no objections, SO ORDERED. VOTE ON MAIN AS AMENDED: YEA: Porter, Gabriel, Knackstedt, Navarre NAY: Marquis, Bookey, Molloy MOTION PASSED. 4. Ordinance No. 2816 -2015 —Amending Kenai Municipal Code Section 23.35.020- Causes for Warning, Suspension, or Dismissal, to Address New State Laws on Marijuana. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2816 -2015; the motion was SECONDED by Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Attorney Bloom provided clarification on how the Ordinance would affect employees. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 6 of 12 March 4, 2015 5. Ordinance No. 2818 -2015 —Appropriating Airport Funds for Airport Apron Improvements and Improvements to Utilities Serving an Airport Lease Lot. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2818 -2015; the motion was SECONDED by Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch requested the Ordinance be postponed indefinitely as the City did not have enough information to move forward. Any future action on this matter would be considerably different. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone the Ordinance indefinitely and requested UNANIMOUS CONSENT; the motion was SECONDED by Gabriel. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2015 -10 — Consenting to the Vacation of Certain Right -of -Ways and Easements within the R M Thompson Subdivision 2014 Addition. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2015 -10 and requested UNANIMOUS CONSENT; the motion was SECONDED by Bookey. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2015 -11 — Opposing the Federal Subsistence Management Decision to Allow a Gill Net in the Kenai River. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2015 -11 and requested UNANIMOUS CONSENT; the motion was SECONDED by Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Navarre MOVED to amend the Resolution by inserting the word, "strongly' in the title before the word, 'opposing" and to inserting the word, "strong" in the now therefore clause City of Kenai Council Meeting Page 7 of 12 March 4, 2015 before the word, "statement' and requested UNANIMOUS CONSENT; the motion was SECONDED by Marquis. VOTE: There being no objections, SO ORDERED. Council requested all members sign the Resolution. VOTE ON MAIN AS AMENDED: There being no objections, SO ORDERED. 8. Resolution No. 2015 -12 — Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2015 -12; the motion was SECONDED by Gabriel. Mayor Porter opened the public hearing. Bob McIntosh, Kenai resident spoke in opposition of Senate Bill No. 1 and the Resolution. Johna Beech, Kenai resident spoke in favor of the Resolution and Senate Bill No. 1. There being no one else wishing to be heard, the public hearing was closed. Although councilors were against smoking and wanted to support Senator Micciche, concerns regarding a strong government making decisions for the State and /or municipalities were noted. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone the Resolution to the first meeting in November. Due to a lack of a second, the motion did not move forward. Council took a brief at ease. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone the Resolution to the second meeting in November; Vice Mayor Gabriel SECONDED the motion. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre NAY: Marquis, Bookey, Molloy MOTION PASSED. City of Kenai Council Meeting Page 8 of 12 March 4, 2015 E. MINUTES 1. *Regular Meeting of February 18, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Action /Approval — Non Objection of Liquor License Renewals for Applicant BPO Elks Lodge #2425; Applicant Kenai Joe's Alaskan Roadhouse d /b /a Kenai Joe's; Applicant Don Jose's, LLC d /b /a Don Jose's Mexican Restaurant; Applicant Carr - Gottstein Foods Co. d /b /a/ Oaken Keg #1808; Applicant Three Alaska, Inc. d /b /a Three Bears; Applicant Tesoro Northstore Co. d /b /a 2Go Mart; Applicant Griffin Golf Enterprises, LLC d /b /a Kenai Golf Course; Applicant Peninsula Oilers Baseball Club, Inc. d /b /a Peninsula Oilers; Applicant Francisco Rodriguez d /b /a Playa Azul. Approved by the consent agenda. 4. *Action /Approval — Non Objection of New Liquor License for Applicant The Cannery, LLC Lodge d /b /a The Cannery Lodge. Approved by the consent agenda. 5. *Ordinance No. 2819 -2015 — Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of Early Literacy Playspace Items. Introduced on the consent agenda and public hearing set for March 18, 2015. 6. *Ordinance No. 2820 -2015 — Reappropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Park Improvement Capital Project Fund. Introduced on the consent agenda and public hearing set for March 18, 2015. 7. *Ordinance No. 2821-2015— Increasing Appropriations in the General Land Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund. Introduced on the consent agenda and public hearing set for March 18, 2015. City of Kenai Council Meeting Page 9 of 12 March 4, 2015 8. *Ordinance No. 2822 -2015— Increasing Estimated Revenues and Appropriations by $843,572 in the Water and Sewer Capital Project Fund for a Project to Cross - Connect the City's Two Water Transmission Mains at Swires Road. Introduced on the consent agenda and public hearing set for March 18, 2015. 9. Action /Approval — Schedule Annual Employee Performance Evaluations for the City Clerk, City Attorney, and City Manager. Council concurred to schedule the City Attorney & Clerk on April 20 at 6:00 p.m. and the City Manager on April 21 at 6:00 p.m. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Meeting scheduled on March 12, 2015. 2. Airport Commission — Meeting scheduled on March 12, 2015. 3. Harbor Commission — March meeting cancelled. 4. Library Commission — No report. 5. Parks and Recreation Commission — Meeting scheduled on March 10, 2015. 6. Planning and Zoning Commission — Commission is reviewing the Comprehensive Plan and discussing public use of marijuana. 7. Beautification Committee — No report. 8. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR The Mayor reported on the following: • Thanked Council Member Bookey for presiding over the last meeting. • Attended ribbon cutting for new bakery. • Acted as a judge at the Youth of the Year competition. • Attended memorial for Phil Bryson. • Congratulated the library on community activities. • Advised that Stan Thompson had passed away. • Would like to have a permanent recognition the Charter Commission. • Advised on process for Borough Planning & Zoning Commission vacancy. • Reported on Juneau trip. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Update on the funding for the Kenai Spur Highway Reconstruction Project. • Business Gap Assessment request for extension. • Tsalteshi Trails Association request for donation. City of Kenai Council Meeting Page 10 of 12 March 4, 2015 • Scheduled meetings for Bluff Stabilization Project. • Meeting scheduled for new beach road access. • Budget process underway. 2. City Attorney- No report. Attorney exited meeting at 10:03p. 3. City Clerk — updated Council on Deputy recruitment and Planning & Zoning Commission vacancy processes. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob Peters, Kenai resident spoke in favor of Marquises comments on being available to the public during meetings; agreed with his comments about better advertising and recruiting for committees and commissions; inquired who would be tasked with the new ideas; inquired how the agenda is created for commissions and spoke in favor of the chairman creating the agenda. 2. Council Comments Council Member Navarre reported on the employee appreciation dinner and thanked the committee for their efforts, expressed appreciation for the tenure of employees that received certificates; reported on his travel to Juneau and spoke in favor of supporting the Municipal Revenue Sharing Program. Council Member Gabriel also enjoyed the employee party; reported on his attendance at AML; spoke in favor of the Beautification Commissions presentation pertaining to the gazebo and advised he may be bringing forward a reconsideration or new legislation on the gazebo; thanked all for the support on Resolution 2015 -11; appreciated the update on the Kenai Spur Highway Project. Council Member Molloy thanked the quintet and all public comment. Council Member Knackstedt thanked the high school for their performance; thanked the committee for the successful employee party; attended the Kenai Historical Society meeting and spoke in favor of the Senior Center. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:21 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of March 4, 2015. City of Kenai Council Meeting March 4, 2015 City of Kenai Council Meeting Page 12 of 12 March 4, 2015