HomeMy WebLinkAbout2011-12-07 Council Minutes Amendedt the tif!a j
KENAI, ALASKA
MEMORANDUM
TO:
FROM: Sandra Modigh, City Cl
DATE: January 17, 2012
Tillage with a Past, Gc with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111r
Honorable Mayor and City Council Members
RE: Amending City Council Meeting Minutes of December 7, 2011
Adopted on December 21, 2011.
1992
The December 7, 2011 city council meeting minutes are provided for approval as amended on
the January 18, 2012 council meeting consent agenda. A roll call vote, unanimously passed in
favor of amendment by Substitution C to Ordinance 2587 -2011, was omitted and has been
inserted. Amended language is underlined on page 3.
For future reference, Pursuant to Robert's Rules of Order, to amend something previously
adopted notice is required and can be fulfilled by notice of a meeting. However, without prior
notice, a super majority vote is required.
KENAI CITY COUNCIL - REGULAR MEETING
DECEMBER 7, 2011
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / /www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
Mayor Porter called the meeting to order at approximately 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, Vice Mayor Ryan Marquis, Robert Molloy, Tim
Navarre, Brian Gabriel, Mike Boyle and Terry Bookey, comprising
a quorum of the Council.
Also present were City Manager Rick Koch, Deputy City Clerk Corene Hall and
Student Representative Austin Daly.
3. Agenda Approval
Mayor Porter read the following changes to the agenda:
ADD TO: Item D -1: Ordinance No. 2587 -2011 Emails from John
Landua, Patricia Falkenberg, and Kristine Schmidt
MOTION:
Council Member Molloy MOVED to approve the amended agenda and requested
UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion.
VOTE: MOTION PASSED UNANIMOUSLY.
4. Consent Agenda
MOTION:
Council Member Marquis MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
There were no public comments.
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 2
VOTE: MOTION PASSED UNANIMOUSLY.
B. SCHEDULED PUBLIC COMMENTS
1. John Bost, Mikunda Cottrell -- FY2011 Comprehensive Annual
Financial Statements.
Mr. Bost reviewed the Report to City Council, Federal and State Single Audits,
and the Comprehensive Annual Financial Report for fiscal year 2011.
2. Janna Hancock, Christian Mission Ministry -- Overview of Possible
Services to the Kenai Area.
Ms. Hancock reviewed the information included in the packet, noting the
property being considered was the old Katmai Hotel, and noting the ministry
would include housing, counseling and job training.
Porter asked what the kitchen would be used for. Hancock replied the kitchen
would used as training and open as a restaurant to allow for income for
maintenance of the building.
Navarre asked about housing options. Hancock noted there were 33 rooms,
half of which would house staff and businesses, and the other half for the men
they were mentoring.
City Manager Koch reported the Airport owned the land the building sits on,
and the transfer of the lease would need Council approval.
Porter asked about the schedule. Hancock noted once the lease was signed,
there would be approximately 3 months for start up and door should be open in
May or June 2012.
C. UNSCHEDULED PUBLIC COMMENTS
Mark Schrag, 312 Princess -- Mr. Schrag spoke in favor of a more balanced
view on the Planning and Zoning Commission and noted his concerns with
work on the Comprehensive Plan.
D. PUBLIC HEARINGS
1. 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 Deming
the Term of Office.
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 3
(Clerk's Note: At the November 2, 2011 meeting, the Council postponed
Ordinance No. 2587 -2011 until the December 7, 2011 meeting, and will hold a
work session on Monday, November 28, 2011 at 6:00 p.m. Main motion to
approve is on the floor)
2. Ordinance No. 2587 -2011 Substitute C -- 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 TO AMEND BY SUBSTITUTE C:
Council Member Bookey MOVED to amend Ordinance No. 2587 -2011 by
Substitution C. Council Member Marqu.is SECONDED the motion.
Mayor Porter opened the meeting to public hearing.
Colleen Ward, 708 Magic -- spoke in support of Substitute C with no
amendments.
There being no one else wishing to speak, the public hearing was closed.
VOTE ON AMENDMENT BY SUBSTITUTE C: PASSED UNANMIOUSLY.
Council Member Gabriel reviewed the history of the issue.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend Ordinance No. 2587 -2011, Section
2(a)(3) by replacing "all" in the second sentence with "only ", and replacing
everything after "shall be" in the same sentence with "considered for
nomination ". Council Member Navarre SECONDED the motion.
Bookey spoke against the amendment.
Navarre spoke in favor of the amendment.
Gabriel noted all applications are kept in the Clerk's office and could be seen by
the public through that office.
VOTE ON AMENDMENT:
Council Members voting YES:
Council Members voting NO:
MOTION FAILED.
Porter, Navarre, Gabriel
Molloy, Boyle, Bookey, Marquis
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 4
Student Representative Daly voted YES.
MOTION TO AMEND:
Council Member Marquis MOVED to amend Ordinance No. 2587 -2011, Section
2(a)(3) by adding a period after "made" in the second sentence and deleting
everything after. Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT: MOTION PASSED.
Council Members voting YES: Molloy, Porter, Navarre, Gabriel, Bookey,
Marquis
Council Members voting NO: Boyle
Student Representative Daly voted YES.
Marquis noted concerns about sunsetting applications after a certain time
frame and noted all commission and committee applications should be
sunsetted so he would not be amending the ordinance in that regard.
VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED.
Council Members voting YES: Molloy, Boyle, Bookey, Marquis
Council Members voting NO: Porter, Navarre, Gabriel
Student Representative Daly voted YES.
3. Resolution No. 2011 -77 -- Approving the Purchase of Datacenter
Equipment from Government Computer Sales, Inc.
MOTION:
Council Member Bookey MOVED to approve Resolution. No. 2011 -77 and
requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the
motion.
VOTE: MOTION PASSED UNANIMOUSLY.
(Clerk's Note: Council Member Marquis excused himself from the rest of the
meeting at 8 :09 p.m.)
4. Resolution No. 2011 -78 -- Authorizing a Fixed Interest Rate of 7.5% per
Annum for Financing of the Sale of City -Owned Land Identified as Lot 2,
Block 1, Gusty Subdivision to Ma & Pa Alaskan Treasures, Inc.
MOTION:
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 5
Council Member Bookey MOVED to approve Resolution No. 2011 -78 and
requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the
motion.
VOTE: MOTION PASSED UNANIMOUSLY.
5. *Liquor License Renewal
• Uptown Motel /Louie's -- 1859
• Uptown Motel /Back Door Lounge -- 2237
• Acapulco Mexican Restaurant -- 4740
• Wal -Mart Supercenter #4474 -- 4878
APPROVED BY CONSENT AGENDA.
E. MINUTES
1. *Regular Meeting of November 16, 2011
APPROVED BY CONSENT AGENDA.
2. *Work Session Notes of November 28, 2011
APPROVED BY CONSENT AGENDA.
F. UNFINISHED BUSINESS -- None.
G. NEW BUSINESS
1. Bills to be Ratified.
MOTION:
Council Member Bookey MOVED to ratify the bills and requested TNANIMOUS
CONSENT. Council Member Molloy SECONDED the motion.
VOTE: MOTION PASSED UNANIMOUSLY.
2. Approval of Purchase Orders Exceeding $15,000.
MOTION:
Council Member Bookey MOVED to approve purchase orders exceeding
$15,000 and requested UNANIMOUS CONSENT. Council Member Molloy
SECONDED the motion.
VOTE: MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 6
3. *Ordinance No. 2600 -2011 -- Increasing Estimated Revenues and
Appropriations by $2,285 in the General Fund for Training Funds
Provided by the Alaska Police Standards Council.
INTRODUCED BY APPROVAL OF CONSENT AGENDA.
4. *Ordinance No. 2601 -2011 -- Increasing Estimated Revenues and
Appropriations by $46,000 in the Personal Use Fishery Capital Project
Fund.
INTRODUCED BY APPROVAL OF CONSENT AGENDA.
5. *Ordinance No. 2602 -2011 -- Increasing Estimated Revenues and
Appropriations by $618.50 in the General Fund for the Police
Department to Purchase Equipment from Asset Forfeiture Funds
Provided to the City Of Kenai.
INTRODUCED BY APPROVAL OF CONSENT AGENDA.
6. *Ordinance No. 2603 -2011 -- Amending Kenai Municipal Code Chapter
7.05, "Taxation of Real and Personal Property" by Adding a New Section
"Property Tax Credit - Residential Sprinkler Systems," to Provide a Tax
Credit to Owners of Residential Structures Who Install Certain Qualifying
Sprinkler Devices.
INTRODUCED BY APPROVAL OF CONSENT AGENDA.
7. Action /Approval -- Reappointment to Commissions /Committees.
MOTION:
Council Member Bookey MOVED to confirm all appointments and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion,
VOTE: MOTION PASSED UNANIMOUSLY.
8. Action /Approval -- Appointment to CIRCAC.
MOTION:
Council Member Bookey MOVED to confirm John Williams and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
VOTE: MOTION PASSED UNANIMOUSLY.
H. COMMISSION /COMMITTEE REPORTS
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 7
1. Council on Aging -- No report.
2. Airport Commission
MOTION:
Council Member Bookey MOVED to confirm Kathy Roser to the Airport
Commission and requested UNANIMOUS CONSENT. Council Member Gabriel
SECONDED the motion.
VOTE: MOTION PASSED UNANIMOUSLY.
3. Harbor Commission -- No report.
4. Library Commission -- No report.
5. Parks and Recreation Commission -- Bookey reported trail signage was
discussed at the December 1, 2011 meeting.
6. Planning and Zoning Commission -- Navarre noted the next meeting
would be December 14, 2011.
7. Beautification Committee -- No report.
I. REPORT OF THE MAYOR
Mayor Porter reported the following:
• She visited new business Legacy Beauty Salon.
• She attended Christmas Comes to Kenai.
• She completed mentorship with a student at Kenai Alternative
High School.
• She swore in new police officer Kevin Mepsted.
• She met with the Chamber of Commerce and the Kenai
Convention and Visitors Bureau regarding town lighting during the
holidays.
• She met with the general manager of Apache and noted seismic
work would be done in the area.
• She recommended review of the City Charter.
• She presented each Council Member with a gift certificate to "gift
forward."
J. ADMINISTRATION REPORTS
1. City Manager -- Koch reported the following:
• Noted the date was Pearl Harbor Day.
• Reminded Council Members about the December 19 work session
with Legislators.
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 8
• Noted his excitement over Ordinance No. 2603 -2011 regarding a
tax credit for residential sprinklers
• Met with the Mayor, Parks and Recreation Director Frates, Police
Chief Sandahl and local skate park users to discuss skate park issues.
® Met with the Mayor and Borough Mayor Navarre regarding joint
business issues.
2. City Attorney -- No report.
3. City Clerk -- Deputy City Clerk Hall reviewed the destruction of records
memo included in the packet and noted this meeting was the "test run"
for the new Granicus web streaming software.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments -- None.
2. Council Comments
Bookey -- No report.
Molloy -- Thanked Deputy City Clerk Hall for her work in the Clerk's office
during the past 6 months, thanked John Bost for his presentation, and
recognized Finance Director Eubank for his work to make the audit a success.
Daly -- Presented information regarding Kenai Central High School, including
holiday events.
Bookey -- Thanked Hall for her service and thanked Mayor Porter for the "pay it
forward" gift.
Gabriel -- Echoed the sentiments of Molloy and Bookey regarding Hall and Bost,
and noted the Alumni Hockey game would be December 23 at 7:00 p.m. at the
Soldotna Sports Center.
Navarre -- Reported the Mayor made a wreath for the National Guard Armory,
thanked Eubank and his staff for a successful audit, requested an excused
absence from the December 21 meeting, thanked Hall for her work in the
Clerk's Office and wished all Merry Christmas.
L. EXECUTIVE SESSION - None Scheduled.
M. PENDING ITEMS
1. 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 (RS1),
KENAI CITY COUNCIL MEETING
December 7, 2011
Page 9
Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential
RR -1, and the Urban Residential (RU) Zoning Districts.
(Clerk's Note: At its November 16, 2011 meeting, the Council postponed
Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was
referred back to the Planning and Zoning Commission so the Commission could
continue to consider the changes proposed in this work product during the
Comprehensive Plan process.)
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned
at approximately 8:34 p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk