The URL can be used to link to this page

Home My WebLink About2014-05-20 Council MinutesKENAI CITY COUNCIL— REGULAR MEETING MAY 20, 2014 — 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 May 20, 2014, 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: Mayor Pat Porter Robert Molloy Terry Bookey A quorum was present. Also in attendance were: Rich Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Vice Mayor Ryan Marquis Brian Gabriel Tim Navarre (telephonic) Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: Item D.1 Ordinance No. 2747-2014 • Amendment Memorandum Item DA Ordinance No. 2754-2014 • Amendment Memorandum Information Item Kenai Birders Summary MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being no one wishing to speak, public comment 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 — None. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. Ordinance No. 2747-2014 —Amending Kenai Municipal Code 1.15.040 -Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least One Council Member. [Clerk's Note: At its April 2nd meeting Council postponed public hearing of this ordinance until the May 2d' meeting.] MOTION: Council Member Boyle MOVED to enact Ordinance No. 2747-2014; and Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to speak the public hearing was closed. It was noted the Ordinance ensured Council involvement from the beginning of the legislative process. Those that were opposed to the Ordinance noted potential political issues by requiring Administration to select sponsors for legislation and by placing an additional steps in the legislative process. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance 2747-2014 by inserting subsections A.1 & A.2 to read as follows: "(1) The Council delegates authority to the City Manager to sponsor an ordinance for introduction or a resolution for adoption on the agenda of a regular Council meeting that is administrative in nature, such as: (i) Appropriations; City of Kenai Council Meeting Minutes Page 2 of 12 May 20, 2014 (ii) Budget transfers; (iii) Fee schedules; (iv) Permits; (v) Property leases; (vi) Acceptance of grants; (vii) Establishing Annual Capital Improvement Project Priorities; (viii) Accepting donations; and (ix) Purchases and contracts. (2) The Council may direct the City Clerk, City Attorney, or City Manager to prepare an ordinance or resolution for adoption to be sponsored by the Council." Council Member Bookey SECONDED the motion. Council, Legal, and Administration discussed limiting Administration's authority to bring forward legislation as a City Manager form of government and how proposed section A.2 already existed. MOTION TO AMEND THE AMENDMENT: Council Member Bookey MOVED to amend the amendment by deleting subsection A.2 in its entirety and Vice Mayor Marquis SECONDED the motion. VOTE TO AMEND THE AMENDMENT: YEA: Porter, Bookey, Gabriel, Marquis, Molloy, Navarre, Boyle NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDMENT: YEA: Bookey, Marquis, Molloy, Boyle NAY: Porter, Gabriel, Navarre MOTION PASSED. It was reiterated that it was the Council's job to be involved in the legislative process which was the reason for bringing forth the ordinance. Concern was expressed regarding the City Clerk and City Attorney's ability to bring forward legislation without a Council member sponsoring the legislation. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance 2747-2014 as amended for an additional public hearing at the second meeting in June 2014. Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Molloy, Boyle, Bookey NAY: Porter, Gabriel, Navarre, Marquis City of Kenai Council Meeting Minutes Page 3 of 12 May 20, 2014 MOTION FAILED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Molloy, Boyle NAY: Porter, Gabriel, Navarre, Bookey, Marquis MOTION FAILED. 2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. (Clerk's Note: At its April 2nd meeting Council postponed public hearing of this ordinance until the May 20" meeting.) MOTION: Council Member Boyle MOVED to enact Ordinance No. 2748-2014; and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to speak the public hearing was closed. It was noted the proposed Ordinance would clarify the current process. Vice Mayor Marquis and Council Member Bookey spoke in favor noting this would force Council to take responsibility for the committees and commissions. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance 2748-2014 to the second meeting in July. Vice Mayor Marquis SECONDED the motion. MOTION TO AMEND POSTPONEMENT: Council Member Navarre MOVED to postpone Ordinance 2748-2014 to the second meeting in August. Vice Mayor Marquis SECONDED the motion. Administration noted the purpose of the postponement would be to create individual sections in which the commission and committee bodies would advise both the Council and the Administration. It was clarified that Administration would go through the code and, for each commission, verify or enter a section clarifying that commission was advisory to Council and Administration. VOTE ON AMENDED POSTPONEMENT: YEA: Porter, Gabriel, Marquis, Molloy, Navarre NAY: Boyle, Bookey MOTION PASSED. City of Kenai Council Meeting Minutes Page 4 of 12 May 20, 2014 VOTE ON POSTPONEMENT: YEA: Porter, Bookey, Gabriel, Marquis, Molloy, Navarre, Boyle NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the State of Alaska Department of Commerce Community and Economic Development for $250,000 in the Kenai Bluff Stabilization Capital Project Fund for the Kenai Bluff Erosion Control Project. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2753-2014; and Council Member Boyle SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Boyle, Bookey NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. MOTION: Council Member Bookey MOVED to adopt Ordinance No. 2754-2014; and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to speak the public hearing was closed. MOTION TO AMEND: Council Member Gabriel MOVED to amend Ordinance No. 2754-2014 by changing the first WHEREAS to read: WHEREAS, the cash was seized during four drug investigations, in which the Kenai Police Department was the primary investigating agency,- the gency; the second WHEREAS to read: WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize the forfeited funds to purchase equipment for use by officers for law enforcement purposes. and the "...estimated revenues and appropriations" to be: City of Kenai Council Meeting Minutes Page 5 of 12 May 20, 2014 General Fund Increase Estimated Revenues: Forfeitures $2,769 Increase Appropriations: Police — Small Tools $2,769 Council Member Bookey SECONDED and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MOTION AS AMENDED: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 - Camping, Fires, and other Activities on City Beaches, to Authorize the City Manager to Temporarily Regulate Beach Activities to Protect Public Safety, Health or Welfare, and for City Maintenance of Property. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2755-2014 and Council Member Boyle SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to speak the public hearing was closed. Council Member Gabriel urged support for this ordinance; a proactive effort and would give the City Manager the authority to protect sensitive habitat areas within the City of Kenai beaches. MOTION TO AMEND: Council Member Molloy MOVED to amend the last whereas clause to read: WHEREAS, at the City of Kenai, Harbor Commission meeting on May 12, 2014, the Harbor Commission recommended, by unanimous vote, that Council pass this ordinance. Council Member Boyle SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. Concern was expressed with giving the City Manager the primary authority for beach closures without requirement that it first be brought to Council for discussion and direction. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend Section 2(a)(2), second to last line, to read: "...public safety, health or welfare or for the maintenance of City owned or managed property. " and City of Kenai Council Meeting Minutes Page 6 of 12 May 20, 2014 requested UNANIMOUS CONSENT. Council Member Molloy seconded. VOTE: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle NAY: MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 - Protection of North and South Shore, and Re -Enacting it as Kenai Municipal Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand its Application and to Authorize the City Manager to Implement Restrictions on Public Entry, Access and Use for the Protection of Environmentally Sensitive Areas Owned or Managed by the City, Subject to Change by the Council. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2756-2014 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to speak the public hearing was closed. Concern was expressed regarding primary authority given to the City Manager. Other environmentally sensitive areas, primary in the Kenai River estuary that are not currently under the existing code were noted MOTION TO AMEND: Council Member Molloy MOVED to amend the last whereas clause to read: WHEREAS, at the City of Kenai, Harbor Commission meeting on May 12, 2014, the Harbor Commission recommended, by unanimous vote, that Council pass this ordinance; and requested UNANIMOUS CONSENT. Council Member Gabriel seconded. VOTE: There being no objections, SO ORDERED. It was noted the ordinance would help protect environmentally sensitive areas that may be significantly damaged and needing immediate action. VOTE ON THE MOTION AS AMENDED: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Boyle, Bookey NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Minutes Page 7 of 12 May 20, 2014 7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014-36 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to speak the public hearing was closed. It was suggested this item be postponed for further discussion on the budget issues first. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2014-36 to the first meeting in June. Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON POSTPONEMENT: There being no objections, SO ORDERED. 8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the Proposed VIP Drive Special Assessment District. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014-37 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. 'Regular Meeting of May 7, 2014 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS 1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai Council Travel Policy, Establishing Procedures for Approval of Council Travel. [Clerk's Note: At its April 16'' meeting Council postponed the Resolution to the May 20" meeting.] The City Clerk clarified that at the April 16 Council Meeting that last motion was to divide the question and the current motion on the floor is whether or not to remove 1.0 in its entirety. VOTE ON REMOVAL OF PARAGRAPH 1(c): YEA: City of Kenai Council Meeting Minutes Page 8 of 12 May 20, 2014 NAY: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle MOTION FAILED. MOTION TO AMEND: Council Member Bookey MOVED to amend Resolution 2014-24, strike the policy and sub -section 1 wording "at the City's expense" and insert "on behalf of the City'; Vice Mayor Marquis SECONDED. VOTE ON THE AMENDMENT: YEA: Bookey, Gabriel, Marquis, Molloy, Porter, Boyle NAY: Navarre MOTION PASSED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Marquis, Molloy, Boyle, Bookey NAY: Gabriel, Navarre, Porter MOTION PASSED. 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. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. Introduced by the consent agenda and public hearing set for June 6, 2014. 4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai Animal Shelter from Kenai Spine, LLC. Introduced by the consent agenda and public hearing set for June 6, 2014. 5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for Anticipated Police Computer Forensic Software Reimbursements from Internet Crimes Against Children (ICAC). Introduced by the consent agenda and public hearing set for June 6, 2014. City of Kenai Council Meeting Minutes Page 9 of 12 May 20, 2014 6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for SART (Sexual Assault Response Team) Exam Reimbursements from the State of Alaska. Introduced by the consent agenda and public hearing set for June 6, 2014. 7. Action/Approval — Non -Objection of Liquor License Renewal for Pink Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill. MOTION: Vice Mayor Marquis MOVED to authorize the City Clerk to send a letter to the Alcohol Beverage Control Board a Non -Objection of Liquor License Renewal for the as described License; and requested UNANIMOUS CONSENT, Council Member Boyle SECONDED. VOTE: There being no objections, SO ORDERED. 8. Action/Approval —Mayoral Nomination and Council Confirmation of Appointing Albert Weeks to the Council on Aging. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination of appointing Albert Weeks to the Council on Aging and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported that the next meeting was May 8th 2. Airport Commission — Council Member Gabriel reported the May meeting had been cancelled. 3. Harbor Commission — Council Member Molloy reported the next meeting was May 12th and he will be unable to attend. Mayor Porter offered attending as the Liaison for that meeting. 4. Library Commission — No report. 5. Parks and Recreation Commission — No report. 6. Planning and Zoning Commission — No report. 7. Beautification Committee — Council Member Gabriel reported the last meeting did not have quorum but discussed the flower schemes around Kenai. 8. Mini -Grant Steering Committee — No report. City of Kenai Council Meeting Minutes Page 10 of 12 May 20, 2014 REPORT OF THE MAYOR Mayor Porter reported that she attended the Special Olympics Torch Run and expressed gratitude for the local Police officers, State Troopers, and Fire Department for the sponsorship they do for that great organization; t was well attended. She also noted that she visited the Mt. View Elementary School and spoke to Kindergartners, thanking them for their effort in raising money for the Animal Shelter. She further noted she attended the Alternative School graduation. J. ADMINISTRATION REPORTS City Manager - The City Manager reported on the following: • Senior Center Vintage Pointe Siting Project was about 40 percent complete and welcomed a visit by Council members; • DOT was here and a public meeting was held regarding Beaver Loop, it was well attended and focused more on the purpose of the project; • Fires are occurring and there is an agreement that may be reached between the City and the entities involved in the fire equipment and doing an inventory on the equipment; • Requested that any questions or issues regarding the budget be brought to Administration prior to the meeting so they have time to follow-up with information and financial details for discussion during the meeting; • The substantial completion was achieved on the Shop and encouraged a visit to see the difference; looking at June 21 for invitation of the community to see it; • A Community Neighborhood Clean -Up was being scheduled and coordinated. City Attorney — The City Attorney reported on the following: • He attended the Anchorage Municipal Lawyers Association and expressed appreciation to attend and found it a valuable experience; • Reminded Council that he would be taking personal leave and be out of office for 2 weeks but would not be appointing outside counsel to represent the City; he would be available via email during his absence; • Would be drafting three Ordinances for various Council Members before the next Council meeting and will email them before his departure. 3. City Clerk — The City Clerk reported that she spent time with the City web designer and hoping it would go live shortly after Memorial Day; suspending any changes to the current website until the new website was live. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Boyle reported he attended the awards ceremony for High School students and congratulated the Council Student Representative on her several accomplishments. Council Member Molloy thanked all the partners the Kenai Peninsula Birding Festival, it was an excellent event. City of Kenai Council Meeting Minutes Page 11 of 12 May 20, 2014 Council Member Bookey urged everyone to be fire safe right now, very dry weather and thanked the firefighters for their work. Council Member Gabriel thanked Administration on their efforts and the ordinances brought forward. He congratulated to the Council Student Representative and to all the Kenai High School graduates. He further noted he will not be available to attend the June 12 Airport Commission meeting. Mayor Porter thanked Council Member Bookey for talking about the Firefighters. She noted that as citizens of Kenai, we should open our doors in any way possible, and hoped all families were safe. L. EXECUTIVE SESSION — None M. PENDING ITEMS—None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:22 p.m Minutes prepared nd submitted by: S n ra Modigh, CMC �ty Clerk '*The student representative may cast advisory vEIRn ' s except those subject to executive session discussion. Advisory votes shall be cast in t t n of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Minutes Page 12 of 12 May 20, 2014