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HomeMy WebLinkAbout2011-11-02 Council MinutesMINUTES KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING 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, Vice Mayor Ryan Marquis, Robert Molloy, Tim Navarre, Terry Bookey, Brian Gabriel, and Mike Boyle, comprising a quorum of the Council. Also present were City Manager Rick Koch, City Attorney Krista Stearns, Deputy City Clerk Lorene Hall and Student Representative Austin Daly. A -3. Agenda Approval Mayor Porter read the following additions to the agenda: ADD TO: MOTION: ITEM D -1: Ordinance No. 2586 -2011 Snow Letter and Council Member Molloy Memorandum ITEM D -2: Ordinance No. 2587 -2011 • Ordinance No. 2587 -2011 Substitute B Council Member Molloy MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. A -4. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Mayor Porter asked if the public had any comment. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 2 Mark Schrag, 312 Princess -- Mr. Schrag requested removing Ordinance No. 2597 -2011 from the consent agenda and postponing action until after the work on the Comprehensive Plan is complete. VOTE: MOTION PASSED UNANIMOUSLY. *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 not vial sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: PUBLIC HEARINGS D -1. Ordinance No. 2586 -2011 -- Amending the Official Kenai Zoning Map by Rezoning, Tract C, Central View Subdivision (KPB Parcel No. 04901063) from Rural Residential (RR) to Heavy Industrial (IH). MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2586 -2011 and Council Member Marquis SECONDED the motion. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2586 -2011 for a time period not to extend beyond the first Council Meeting in January, 2012, for an additional public hearing, with directions: 1: To the City Manager: Appoint an Acting City Manager for administrative actions with respect to this ordinance, the application and related matters; 2: To the Acting City Manager: Engage an independent professional planner experienced in zoning and land use, and obtain an independent review and report from the contract planner for submission to Council; and 3: To the City Attorney. Engage an independent attorney experienced in zoning and land use law for legal advice to the contract planner and Council. Council Member Boyle SECONDED the motion. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 3 Navarre spoke against postponement, noting he was on the Planning and Zoning Commission during the time the issue was addressed and believed the staff acted independently and the request for rezone was reasonable. Gabriel spoke against postponement, noting the tract had been earlier rezoned from heavy industrial to rural residential and there had been no concerns at that time. Marquis spoke against postponement. Molloy reported he believed the process needed independent review. Navarre reported the Planning and Zoning Commission had raised and addressed the issue of a split zone and felt the rezone was the better choice. Bookey spoke against postponement. VOTE ON POSTPONEMENT: MOTION FAILED. Boyle noted concerns with property values and spot zoning. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2586 -2011 by adding "recommend City Council" after "5 - 1" in the last whereas. Council Member Marquis SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2586 -2011 by adding "identified as Tract C" after "parcel" in last paragraph. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Molloy reported he felt there was not sufficient information for him to approve the ordinance. Gabriel reported heavy industrial was a required zone in most cities. VOTE ON MAIN MOTION AS AMENDED: PASSED. Council Members voting YES: Bookey, Marquis, Porter, Navarre, Gabriel Council Members voting NO: Molloy, Boyle Student Representative Daly voted NO. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 4 D -2. Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission," Requiring Public Advertisement of Notice of Vacancies and Requests for Applications, and Establishing a New Procedure for Application, Nomination and Confirmation of Commission Members, and Defining the Term of Office. MOTION: Council Member Bookey MOVED for approval of Ordinance No. 2587 -2011 and Council Member Molloy SECONDED the motion. Porter opened the meeting to public hearing. John Landua, 1520 Toyon -- spoke in favor of the ordinance. Kristine Schmidt, 513 Ash -- spoke in favor of the ordinance, noting issues of transparency and requested the Council postpone confirming the Planning and Zoning Commissioner appointment. Mark Schrag, 312 Princess -- spoke in favor of the ordinance and noted he would like to see more balance on the Planning and Zoning Commission. Barry Eldridge, 2679 Bowpicker Lane -- noted citizens elect the Mayor to lead the City, one responsibility being making appointments to commissions and committees. Eldridge reported he thought the ordinance was an attempt to subvert the will of the people. He noted he had seen ads for commission and committee openings in the newspaper and that the mayor met with applicants prior to their appointment. Patricia Falkenberg, 399 McCollum -- spoke in favor of the ordinance, noting she would like the entire council to work together to choose commission and committee members. Gerald Brookman, 715 Muir Avenue -- spoke in favor of the ordinance. There being no one else wishing to speak, the public hearing was closed. Bookey noted the current method of appointment was proper and reviewed the memo included in the packet. Porter reported she placed the application of the nominee in the packet and noted she believed the Planning and Zoning Commission represented a cross section of the community. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 5 Navarre spoke in favor of Substitute B, but spoke against all versions because he didn't believe there was a problem with the current method. Navarre noted the Planning and Zoning Commissioners needed to file a conflict of interest statement which could deter people from applying. Marquis reported Substitute B came from the Council's work session in May, and noted concern with the length of time needed for the process defined in the original ordinance. Molloy reported he looked forward to hearing the amendments Bookey planned to present. MOTION TO AMEND: Council Member Marquis MOVED to amend Ordinance No. 2587 -2011 by substituting Substitute B presented as a lay down and Council Member Gabriel SECONDED the motion. Marquis reviewed the memo included with the lay down. Bookey noted concern with the one day deadline not giving the Mayor enough time to consider all applicants. Molloy spoke against Substitute B. Gabriel spoke in support of Substitute B, noting it reflected the work from the May 2011 work session. VOTE ON MOTION TO AMEND BY SUBSTITUTION: MOTION PASSED. Council Members voting YES: Marquis, Porter, Navarre, Gabriel Council Members voting NO: Bookey, Molloy, Boyle Student Representative Daly voted NO. MOTION TO POSTPONE: Council Member Marquis MOVED to postpone Ordinance No. 2587 -2011 to the December 7 meeting and hold a work session prior to the meeting. Council Member Gabriel SECONDED the motion. MOTION TO AMEND POSTPONEMENT: Council Member Navarre MOVED to amend the postponement to the first meeting in March, 2012. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 6 MOTION FAILED FOR LACK OF SECOND. MOTION TO AMEND POSTPONEMENT: Council Member Marquis MOVED to amend postponement to the November 16 meeting and Council Member Boyle SECONDED the motion. Boyle called to DIVIDE THE QUESTION. City Attorney Stearns reported it was not allowed. Navarre noted the postponement did not need a deadline as it was not time sensitive. BREAK: 8:20 P.M. BACK TO ORDER: 8:27 P.M. VOTE ON POSTPONEMENT TO NOVEMBER 16: MOTION FAILED. Council Members voting YES: Boyle, Porter Council Members voting NO: Bookey, Marquis, Molloy, Navarre, Gabriel Student Representative Daly voted NO. VOTE ON POSTPONEMENT TO DECEMBER 7: MOTION PASSED. Council Members voting YES: Boyle, Porter, Navarre, Gabriel Council Members voting NO: Bookey, Marquis, Molloy Student Representative Daly voted NO. BREAK: 8:31 P.M. BACK TO ORDER: 8:34 P.M. MOTION TO RECONSIDER: Council Member Marquis MOVED to reconsider the amendment by substitution and Council Member Molloy SECONDED the motion. Navarre called POINT OF ORDER. He reported he believed the reconsideration could not be allowed since the ordinance had been postponed. City Attorney Stearns allowed the reconsideration. MOTION TO SUSPEND THE RULES: KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 7 Council Member Marquis MOVED TO SUSPEND THE RULES and bring the original ordinance back to the floor. Council Member Boyle SECONDED the motion. VOTE: MOTION FAILED. Council Members voting YES: Boyle, Marquis Council Members voting NO: Bookey, Molloy, Porter, Navarre, Gabriel Student Representative Daly voted NO. VOTE ON MOTION TO RECONSIDER: MOTION PASSED. Council Members voting YES: Bookey, Marquis, Molloy, Boyle Council Members voting NO: Porter, Navarre, Gabriel Student Representative Daly voted YES. (Clerk's Note: Ordinance No. 2587 -2011 was postponed until the December 7, 2011 meeting. Later in the meeting, a work session was planned for Monday, November 28, 2011 at 6:00 p.m.) D -2 -a. Substitute Ordinance No. 2587 -2011 -- Amending the Kenai Municipal Code, Chapter 1.90 Standard Procedures for Boards, Commissions and Committees, to add a New Section 1.90 -015 Entitled "Recruitment for Boards, Commissions and Committees," Requiring Public Advertisement. D -3. Ordinance No. 2588 -2011 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2588 -2011 and Council Member Marquis SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2589 -2011 -- Increasing Estimated Revenues and Appropriations by $1,750,000 in the Kenai Bluff Stabilization Capital Project Fund for a State Grant. MOTION: KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 8 Council Member Marquis MOVED to enact Ordinance No. 2589 -2011 and Council Member Molloy SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2590 -2011 -- Increasing Estimated Revenues and Appropriations by $200,000 in the City Hall Improvements Capital Project Fund for a State Grant. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2590 -2011 and Council Member Bookey SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -6. Ordinance No. 2591 -2011 -- Increasing Estimated Revenues and Appropriations by $761,650 in the Kenai Industrial Park Capital Project Fund for a State Grant. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2591 -2011 and Council Member Marquis SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -7. Ordinance No. 2592 -2011 -- Increasing Estimated Revenues and Appropriations by $100,000 in the Municipal Roadway Improvements Capital Project Fund for a State Grant. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2592 -2011 and Council Member Bookey SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 9 D -8. Ordinance No. 2593 -2011 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Travel and Transportation. Council Member Bookey disclosed his wife worked at the Library and recused himself from voting. Porter excused him from the vote. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2593 -2011 and Council Member Navarre SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -9. Ordinance No. 2594 -2011 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2594 -2011 and Council Member Navarre SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -10. Ordinance No. 2595 -2011 -- Increasing Estimated Revenues and Appropriations by $37,470 in the Kenai Comprehensive Plan Project Fund. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2595 -2011 and Council Member Navarre SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -11. Ordinance No. 2596 -2011 -- Increasing Estimated Revenues and Appropriations by $100 in the Airport Fund and by $4,000 in the Airport KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 10 Improvement Capital Project Fund for the Final Engineering and Design of the Airport Apron Pavement Rehabilitation. MOTION: Council Member Bookey MOVED for approval of Ordinance No. 2596 -2011 and Council Member Marquis SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -12. Resolution No. 2011 -72 -- Adopting an Alternative Allocation Method for the FY12 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2011 -72 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -13. Resolution No. 2011 -73 -- Awarding the Bid to Univar USA, Inc. for Miscellaneous Chemicals - October 2011. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2011 -73 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There was no public comment or council comment. VOTE: MOTION PASSED UNANIMOUSLY. D -14. Resolution No. 2011 -74 -- Adopting the City of Kenai Capital Improvements Plan Priority Lists for State and Federal Funding Requests for the Fiscal Year 2013. MOTION: KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 11 Council Member Marquis MOVED to adopt Resolution No. 2011 -74 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There was no public comment. Molloy objected to UNANIMOUS CONSENT. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2011 -74 by removing the fifth whereas and Council Member Boyle SECONDED the motion. Molloy requested modifications to the list be brought to Council every time. Gabriel spoke against the amendment, noting the City Manager has the ability to forward the best options. Navarre spoke against the amendment. City Manager Koch reported the whereas was necessary to allow the City Manager to choose the best options for the City and noted the item was ratified by Council after the fact. Molloy withdrew his motion to amend with concurrence of the second. VOTE: MOTION PASSED UNANIMOUSLY. D -15. Resolution No. 2011 -75 -- Authorizing the City Manager to Enter Into a Lease of Tract A -2, Kenai Spur Airport Lease Property, T 5N R 11W Section 5, Seward Meridian, Third Judicial District, State of Alaska, According to Attached Preliminary Plat, with Buccaneer Alaska Operations, LLC. MOTION: Council Member Navarre MOVED to approve Resolution No. 2011 -75 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. Porter opened the meeting to public hearing. Cody McLane, Buccaneer, LLC -- noted he would answer any questions the Council had. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 12 There were no questions for McLain. There being no one else wishing to speak, the public hearing was closed. Gabriel noted the term of the lease was incorrect. City Manager Koch reported the corrections would be made on the lease. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2011J5 to add "and the property to be leased to Buccaneer LLC is not needed for a city purpose" after "Municipal Airport" in the last whereas. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E-1. *Work Session Notes of October 14, 2011 Approved by approval of consent agenda. E -2. *Regular Meeting of October 19, 2011 Approved by approval of consent agenda. ITEM F: UNFINISHED BUSINESS -- None ITEM G: NEW BUSINESS G -1. Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 13 Council Member Bookey MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -3. *Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (Rsl), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR- 1, and the Urban Residential (RU) Zoning Districts. Introduced by approval of consent agenda. G -4. *Ordinance No. 2598-2011 -- Increasing Estimated Revenues and Appropriations in the General Fund - Police Department by $25,000, Parks Department by $14,500, and Streets Department by $31,500 to Purchase Equipment Needed in Response to the Annual State of Alaska Personal Use Fishery that Takes Place on the City of Kenai Beaches and Utilizes City Facilities. Introduced by approval of consent agenda. G -5. *Ordinance No. 2599 -2011 -- Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Information Technology Capital Project Fund for Citywide Information Technology Upgrades. Introduced by approval of consent agenda. G -6. Action /Approval -- Appointment to Commissions /Committees. Porter nominated James Rowell to the Planning and Zoning Commission. MOTION: Council Member Bookey MOVED to confirm the appointment and Council Member Marquis SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. Porter nominated Harmony Curtis to the Library Commission. MOTION: KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 14 Council Member Bookey MOVED to confirm the appointment and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -7. Action /Approval -- Lease Amendment - Kenai Nikiski Pipeline, LLC, Proposed Tract A -1, Replat Tract `A" Kenai Spur- Airport Lease Property. MOTION: Council Member Molloy MOVED to approve the lease amendment and Council Member Marquis SECONDED the motion. Koch presented the Council with a copy of Exhibit A. Council Member Bookey requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. Porter asked if the applicant was required to do beautification. Koch replied yes. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Marquis noted the November meeting had been cancelled. H -2. Airport Commission -- Gabriel reported the next meeting would be November 10, 2011. H -3. Harbor Commission -- Molloy reported the November meeting had been cancelled. 14-4. Library Commission -- Boyle reported on the November 1 meeting, noting work on the meeting room policy. H -5. Parks and Recreation Commission -- No report. H -6. Planning and Zoning Commission -- Navarre reviewed the minutes of the October 26, 2011 meeting included in the packet. 11-7. Beautification Committee -- No report. ITEM I: REPORT OF THE MAYOR KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 15 Porter requested setting a work session to work on Ordinance No. 2587 -2011. The work session was set for Monday, November 28, 2011 at 6 :00. A snack will be provided. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- Koch reported he was finalizing the Capital Improvement Project list, working on the final report to the Rasmuson Foundation regarding the library expansion, noted he would attend the AML conference for one day, and thanked the Council and Planning and Zoning Commission for their work on the Buccaneer project, which had a completion date of early December. Gabriel asked Koch about the ice at Daubenspeck Park. Koch replied signs would be posted and the ice needed to be 10 inches thick before it was safe. J -2. City Attorney -- Stearns reported she would have the quarterly report finished soon. Porter asked about the burned out building. Stearns reported the issue was being pursued. J -3. City Clerk -- Deputy City Clerk Hall reported she would be attending the AAMC conference in Fairbanks, the Clerk's office would be closed Monday, Tuesday and the morning of Wednesday next week. Porter noted Council Member Bookey noticed an error in the September 21 minutes. Hall will bring forward a correction to be approved at the next meeting. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments Mark Schrag, 312 Princess -- expressed frustration on working to accomplish issues. Bob Peters, Old Town -- congratulated the Friends of the Library on their annual fund raising dinner. K -2. Council Comments Navarre -- None. Gabriel -- Thanked Library Director Joiner on her work with the library expansion. Bookey -- None. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2011 PAGE 16 Daly -- Reviewed Kenai Central High School sporting events and noted the leadership class was looking at the issue of bullying. Marquis -- Wished his mother Happy Birthday! Molloy -- None. Boyle -- None. EXECUTIVE SESSION -- to give direction to the City Attorney regarding financial issues, the disclosure of which could have a financial impact upon the City -- City Clerk Contract. MOTION: Council Member Navarre MOVED to convene into Executive Session and requested the City Attorney and City Manager attend. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK: 9:35 P.M. BACK TO ORDER: 10:43 P.M. Navarre reported the Council met in Executive Session and made the following motion: MOTION: Council Member Navarre MOVED the Mayor enter into an employment contract with Sandra Modigh for $70,000 per annum with an increase to $76,000 upon completion of her six month probation. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM L: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 10:45 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk f COUNCV., CITY CLERK