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HomeMy WebLinkAbout2012-02-15 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 15, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER MINUTES A Regular Meeting of the Kenai City Council was held on February 15, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 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: Pat Porter, Mayor Terry Bookey Mike Boyle Brian Gabriel Ryan Marquis, Vice -Mayor Robert Molloy Tim Navarre comprising a quorum of the Council. Also in attendance were: Austin Daly, Student Representative Rick Koch, City Manager Krista Stearns, City Attorney Sandra Modigh, City Clerk A -3. Agenda Approval Mayor Porter read the following revisions to the agenda: REPLACE: E -1: Minutes - *Regular Meeting of February 1, 2012 - Revised Draft Mayor Porter opened the floor for public comment, there being none public comment was closed. KENAI CITY COUNCIL MEETING February 15, 2012 Page 2 of 9 MOTION: Council Member Gabriel MOVED to approve the agenda as amended and requested UNANMIOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. A -4. Consent Agenda *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. MOTION: Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS None ITEM C: UNSCHEDULED PUBLIC COMMENTS Ricky Geese, 4289 Beaver Loop Road, Kenai, spoke in favor of council approving the current Facilities Management Agreement of the Kenai Visitors and Cultural Center with the newly merged Kenai Chamber of Commerce and the Kenai Convention and Visitors Bureau, Inc. Recommended the City consider an RFP for a 200 room hotel and 500 maximum person convention center for the community to hold events. ITEM D: PUBLIC HEARINGS D -1. Ordinance No. 2608 -2012 - Increasing General Fund Estimated Revenues and Appropriations to Complete the Closure of the Council on Aging Special Revenue Fund. MOTION: KENAI CITY COUNCIL MEETING February 15, 2012 Page 3 of 9 Vice -Mayor Marquis MOVED to approve Ordinance No. 2608 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2012 -10 - Awarding a Contract to American Marine Corporation for the Project Entitled Kenai Boating Facility Cathodic Protection and Pile Repairs 2012 for the Total Amount of $64,851.52. MOTION: Council Member Molloy MOVED to approve Resolution No. 2012 -10 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Vice -Mayor Marquis and City Manager Koch discussed details pertaining to the items required in the bid process. VOTE: There being no objections, SO ORDERED. D -3. Resolution No. 2012 -11 - Awarding a Bid to Norris and Sons Contractors for Two (2) 10CY -12CY End Dump Trucks for the Total Amount of $60,000. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -11 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. KENAI CITY COUNCIL MEETING February 15, 2012 Page 4 of 9 The Council and City Manager discussed delivery details of the dump trucks and administration was commended on the bidding process. City Manager Koch further reviewed the City's equipment replacement schedule and thanked the shop and Public Works for their efforts on this bid. VOTE: There being no objections, SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of February 1, 2012 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS F -1. Discussion /Approval - 2012 City Council Meeting Schedule Council discussed its 2012 regularly scheduled meeting dates. Additionally, dates to conduct budget work sessions and evaluations of the City Manager, City Attorney, and City Clerk were recommended. MOTION: Council Member Bookey MOVED to reschedule the regularly scheduled meeting of July 4, 2012, to July 10, 2012, and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. Council concurred to scheduling the following: • April 23, 2012, 6 p.m. - Budget Work Session • April 24, 2012, 6 p.m. - Budget Work Session • April 20, 2012 - Volunteer Appreciation Dinner • March 20, 2012, 6 p.m. - Special Meeting (City Manager Annual Evaluation) • May 10, 2012, 6 p.m. - Special Meeting (City Attorney Annual Evaluation & City Clerk 6 Month Evaluation) Rescheduling the council meeting currently scheduled the day before Thanksgiving is to be discussed at a later date. ITEM G: NEW BUSINESS KENAI CITY COUNCIL MEETING February 15, 2012 Page 5 of 9 G -1. *Ordinance No. 2609 -2012 - Authorizing a Budget Transfer in the General Fund and Increasing Estimated Revenues and Appropriations by 5100,000 in the Trails Construction Capital Project Fund. Introduced by consent agenda and set for public hearing on March 7, 2012. G -2. Action /Approval - Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify payments of bills over $15,000 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -3. Action /Approval - Purchase Orders Exceeding $15,000 MOTION: Vice -Mayor Marquis MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging - Council Member Molloy advised he attended the meeting on behalf of Vice -Mayor Marquis and reported the following was discussed at the February 9, 2012 meeting: • 2012 Goals, emphasized need of garage for vehicles and an indoor walking area or recreation center. • Survey to determine interest in photography and various classes. • Future Goals and Comprehensive Plan Review • Meals policy and March for Meals fundraiser on March 22, 2012. Mayor Porter nominated Edna Jones for appointment to the Council in Aging. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination to appoint Edna Jones to the Council on Aging and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. KENAI CITY COUNCIL MEETING February 15, 2012 Page 6 of 9 H -2. Airport Commission - Council Member Gabriel advised of the work session scheduled on February 21, 2012, to discuss the Airport Tree Removal Project. H -3. Harbor Commission - Council Member Molloy noted the next meeting is scheduled on March 12, 2012. H -4. Library Commission - Council Member Boyle had nothing to report. Mayor Porter presented Library Director Mary Jo Joiner with an award of "Best Construction and Renovation Project of 2011" by the American Public Works Association. H -5. Parks and Recreation Commission - Council Member Bookey had nothing to report. H -6. Planning and Zoning Commission - Council Member Molloy advised he attended the meeting on behalf of Council Member Navarre and reported the following of the February 8, 2012 meeting: • Comprehensive Plan Work Session • Considered and approved two plats • Scheduled public hearing of three legislative items for February 22, 2012. H -7. Beautification Committee - Mayor advised the committee has not met since the last council meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter reported on the following: • New art in the council chamber lobby area provided. by Kaleidoscope School • Welcomed GCI to community during grand opening • Attended and participated in the Winter AML Conference in Juneau • Participated in a teleconference initiated by Governor Parnell ITEM J: ADMINISTRATION REPORTS J -1. City Manager reported on the following: • 2012 -2015 Alaska Statewide Transportation Improvement Program (STIP) • Survey Monkey - Comprehensive Plan Survey on City website. • Lobbying efforts in Juneau with Council Member Gabriel KENAI CITY COUNCIL MEETING February 15, 2012 Page 7 of 9 J -2. City Attorney reported on the following: • Update on Conditional Use Permit Appeal Process (CINGSA) • Recognized Bruce Falkner of Boyd Chandler & Falkner, LLP J -3. City Clerk reported on the following: • Corey Hall back from vacation • New interactive "Events Calendar" on City website ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments There were no citizens in attendance wishing to speak. K -2. Council Comments Council Member Navarre advised of recent travel to Juneau to attend the Winter AML Conference and noted his positive experience; spoke in favor of the legislative delegation and their efforts on behalf of the community. Suggested KCC /KVCB quarterly reports are provided to council orally by a representative of the group. Thankful Police Chief Sandahl was not seriously injured in the car accident. Council Member Gabriel reported on his trip to Juneau accompanied by the City Manager in efforts to lobby for CIP priorities. Noted the large number of contacts and connections the City Manager has in Juneau. Thanked the delegation for moving community projects forward and Senator Wagoner for all allowing his office to be used as home base while in Juneau. Council Member Bookey reported on his attendance at the Winter AML Conference in Juneau. Congratulated Mary Jo Joiner and the Library on their recent award and thanked participants of the council work session. Student Representative Daly advised of "Home Going" week at school and end of year activities and celebrations including Senior Civics Projects. Vice -Mayor Marquis commented on the winning streak of the NHL Detroit Red Wings. Reported on his attendance at the Winter AML Conference and the ability to spend time with Legislators and discuss challenges the city and other communities face. Council Member Molloy thanked all that came and participated in the work session. Council Member Boyle had no comments. KENAI CITY COUNCIL MEETING February 15, 2012 Page 8 of 9 ITEM L: EXECUTIVE SESSION L -1. Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential Litigation and to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] MOTION: Vice -Mayor Marquis MOVED to enter into Executive Session Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential Litigation and to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] to discuss to approve purchase orders exceeding $15,000, requesting the City Manager, City Attorney and outside counsel Bruce Falkner attend, and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. Council entered into executive session. Council reconvened in open session and Vice -Mayor Marquis advised that while in executive session council provided direction to administration and legal counsel regarding CINGSA litigation. L -2. Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person, Provided the Person may Request a Public Discussion - City Manager Employment Agreement. [AS44.62.310(c)(2)] MOTION: Vice -Mayor Marquis MOVED to enter into Executive Session Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person, Provided the Person may Request a Public Discussion - City Manager Employment Agreement. [AS44.62.310(c)(2)], requesting the attendance of the City Manager and UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. Council entered into executive session. KENAI CITY COUNCIL MEETING February 15, 2012 Page 9 of 9 Council reconvened in open session and Vice -Mayor Marquis advised that while in executive session council provided direction to administration to enter into a PERS Termination Study. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) M -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), 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.) ITEM N: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:OOp.m. Minutes prepared and submitted by: Sandra,modigh, CM& Cit+.Cletk *The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation 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.