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Home My WebLink About2014-08-20 Council Action AgendaACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING AUGUST 20, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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 (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. ENACTED AS AMENDED. 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 May 20th meeting, Council postponed this ordinance to the August 20th meeting. Motion to enact is on the floor.] 2. ENACTED AS AMENDED. Ordinance No. 2761-2014 – Amending the Kenai Municipal Code, Title 23, “Personnel Regulations,” Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk’s Note: At its July 2nd meeting, Council postponed this ordinance to the August 20th meeting. Motion to enact is on the floor.] 3. ENACTED UNANIMOUSLY. Ordinance No. 2786-2014 – Enacting KMC 23.40.035 - Bona Fide Employer-Sponsored Medical Leave Sharing Arrangement. 4. ENACTED UNANIMOUSLY. Ordinance No. 2787-2014 – Repealing KMC 7.15.110 - Offset Against Delinquent Taxes, and Re-Enacting the Code Section as KMC 7.15.110 - Tax Compliance, to Require Individuals and Businesses Contracting with the City to be in Compliance with City Tax Ordinances. 5. ENACTED UNANIMOUSLY. Ordinance No. 2788-2014 – Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment (SRE) – Plow Truck with Attachments. 6. POSTPONED TO 9/3/14 MEETING. Ordinance No. 2789-2014 – Amending Kenai Municipal Code Section 11.05.050, “Condition as to Equal Services and Rates,” to Require that the City Provide Residents of the City of Kenai with Free Services at the City-Owned Boat Launch and Parking Facility. 7. ADOPTED UNANIMOUSLY. Resolution No. 2014-56 – Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $543,706 Utilizing the National Joint Powers Alliance Purchasing Program. 8. ADOPTED UNANIMOUSLY. Resolution No. 2014-57 – Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled Wastewater Treatment Plant Upgrades-Phase II as the Number One Local State Funding Priority for Fiscal Year 2016. 9. ADOPTED. Resolution No. 2014-58 – Authorizing a Budget Transfer within the General Fund for the Payment of Back Property Taxes to the Kenai Peninsula Borough on Land to be Retained for a Public Purpose. 10. ADOPTED UNANIMOUSLY. Resolution No. 2014-59 – Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 and 7.15.070. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of August 6, 2014 F. UNFINISHED BUSINESS 1. ENACTED AS AMENDED. Reconsideration of Ordinance No. 2780-2014 – Amending KMC 12.40.010 – Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non-Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. [Clerk’s Note: At its August 20th meeting, this ordinance failed and notice for reconsideration was given.] Kenai City Council Meeting Page 2 of 5 August 20, 2014 G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action/Approval – Bills to be Ratified. 2. APPROVED BY CONSENT AGENDA. *Action/Approval – Purchase Orders Exceeding $15,000. 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON 9/3/14. *Ordinance No. 2790-2014 – Waiving Certain Lease Provisions Imposed by Kenai Municipal Code Chapter 21.10-Leasing of Airport Reserve Lands, and Approving a Non-Standard Lease Form for the Lease of Lot 2, Block 1, General Aviation Apron, Located within the Airport Reserve, to Legacy Electric. 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON 9/3/14. *Ordinance No. 2791-2014 – Declaring that T 5N R 11W Sec 5 Seward Meridian KN 0003025 East Addn Townsite of Kenai – US Survey 3025 A & B Lots 12, 13, 14, 15 and 16, Block 3, Kenai, Alaska, also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. 5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON 9/3/14. *Ordinance No. 2792-2014 – Accepting and Appropriating a Grant from State of Alaska Division of Health and Social Services EMS Division Passed Through Kenai Peninsula Emergency Medical Services, Inc. for Travel and Training. 6. NO ACTION TAKEN. Action/Discussion – Schedule Work Session to Discuss Ordinance No. 2782-2014 & Ordinance No. 2783-2014 Amending the Land Use Table and a Policy on Gifting. 7. APPROVED UNANIMOUSLY. Action/Approval - Consent to Sublease between Peninsula Art Guild, Inc. and the Kenai Potters Guild for a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as the Fine Arts Center. 8. COUNCIL CONCURRED TO PLACE THIS AS A FUTURE PROJECT. Discussion – Improvements to Upstairs City Hall. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission Kenai City Council Meeting Page 3 of 5 August 20, 2014 7. Beautification Committee 8. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Consultation with Attorney and City Manager to Discuss Offer To Purchase Lot 2, Block 1, Gusty Subdivision, a Matter which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)]. 2. Consultation with Attorney and City Manager to Discuss the Retention of Properties 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, by the City of Kenai for a Public Purpose, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential – Attorney Client Privilege [AS 44.62.310 (c)(3)]. M. PENDING ITEMS 1. Ordinance No. 2782-2014 – Enacting KMC 14.20.171 – Group Care Facilities, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Define and Provide Zoning Regulations for Group Care Facilities. [Clerk’s Note: At its August 6th meeting, Council postponed this ordinance to the September 17th meeting.] 2. Ordinance No. 2783-2014 – Enacting KMC 14.20.172 – Emergency Shelters, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Provide Zoning Regulations for Emergency Shelters that Provide Temporary Housing for Homeless and Others in Need of Safe Accommodations. [Clerk’s Note: At its August 6th meeting, Council postponed this ordinance to the September 17th meeting.] N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. Kenai City Council Meeting Page 4 of 5 August 20, 2014 2. Correspondence from the Alaska Future Problem Solving Program Thanking Mayor Porter for Her Support. 3. Kenai River Marathon Sponsorship Request. The agenda and supporting documents are posted on the City’s website at www.ci.kenai.ak.us. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Kenai City Council Meeting Page 5 of 5 August 20, 2014