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HomeMy WebLinkAbout2012-03-07 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING MARCH 7, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER A Regular Meeting of the Kenai City Council was held on March 7, 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. The National Anthem by Olivia Brewer of the Central Peninsula Girl Scouts Olivia Brewer, a member of the Central Peninsula Girl Scouts, sang the National Anthem. A -3. 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 -4. Agenda Approval Mayor Porter read the following revisions to the agenda: ADD TO: G -5: Discussion - Kenai Municipal Airport Tree Obstruction Removal Project • Correspondence submitted by Les &, Susan Bradley KENAI CITY COUNCIL MEETING March 7, 2012 Page 2 of 14 MOTION: Council Member Gabriel MOVED to approve the agenda as amended and requested UNANMIOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. A -5. 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: Vice -Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council Member Boyle requested Ordinance No. 2613 -12 be removed from the consent agenda. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. Mayor Porter recognized and welcomed Borough Assembly President Gary Knopp and City of Soldotna Council Member Kyle Fisher. A -6. Proclamation Presentation "Girl Scout Week, March 11 -17, 2012" Mayor Porter read into the record a proclamation honoring the Central Peninsula Girl Scouts and proclaiming March 11 -17, 2012, as "Girl Scout Week" in the City of Kenai. Additionally, Mayor Porter recognized Police Chief Gus Sandahl for his 10th Leap Year Birthday and read a proclamation on his behalf. Council took a brief recess to thank those in attendance supporting the Central Peninsula Girl Scouts. KENAI CITY COUNCIL MEETING March 7, 2012 Page 3 of 14 ITEM B: None ITEM C: SCHEDULED PUBLIC COMMENTS UNSCHEDULED PUBLIC COMMENTS Joanna Hollier, 381 Senior Court, Kenai, of the Kenai Senior Connection spoke on behalf of the National March on Wheels Campaign and advised of the 3rd Annual March for Meals fundraiser being held on March 22, 2012 at the Kenai Senior Center. ITEM D: PUBLIC HEARINGS D -1. Ordinance No. 2609 -2012 - Authorizing a Budget Transfer in the General Fund and Increasing Estimated Revenues and Appropriations by $100,000 in the Trails Construction Capital Project Fund. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2609 -2012 and Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Bookey thanked administration and spoke in favor of Ordinance No. 2609 -2012. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2012 -12 - Approving a Contract to Wolf Architecture, Inc. for Kenai Public Works Equipment Maintenance Shop Design Services for the Total Amount of $98, 346.00. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -12 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. KENAI CITY COUNCIL MEETING March 7, 2012 Page 4 of 14 Council Member Gabriel spoke in favor of Resolution No. 2012 -12. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. D -3. Resolution No. 2012 -13 - Authorizing a Budget Transfer of $18,714 into the General Fund for Building Department Repair and Maintenance. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -13 and requested UNANIMOUS CONSENT. Council Member Molloy 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. D -4. Resolution No. 2012 -14 - Declaring the 1981 GMC 10 Yard Dump Truck and the 1990 Ford L9000 10 Yard Dump Truck to be Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060. MOTION: Vice -Mayor Marquis MOVED to approve Resolution No. 2012 -14 and requested UNANIMOUS CONSENT. Council Member Bookey 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. D -5. Resolution No. 2012 -15 - Urging the United States Congress to Pass Legislation to Open the Coastal Plain of the Arctic National Wildlife Refuge (ANWR) to Oil and Gas Exploration, Development and Production. MOTION: Council Member Gabriel MOVED to approve Resolution No. 2012 -15 and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. KENAI CITY COUNCIL MEETING March 7, 2012 Page 5 of 14 Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Boyle advised of constituents not fond of the legislation and timing, however stated he would be supportive. Council Member Gabriel spoke in favor of Resolution No. 2012 -15. VOTE: There being no objections, SO ORDERED. D -6. Resolution No. 2012 -16 - Authorizing the Purchase of a Motorgrader from NC Machinery for the Total Amount of $339,740. MOTION: Council Member Bookey requested UNANIMOUS motion. Mayor Porter opened the comment was closed. MOVED to approve Resolution No. 2012 -16 and CONSENT. Vice -Mayor Marquis SECONDED the floor for public comment, there being none public VOTE: There being no objections, SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of February 15, 2012 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS F -1. Action /Approval - Assignment of the Facility Management Agreement between the City of Kenai and the Kenai Convention and Visitors Bureau, Inc. MOTION: Council Member Navarre MOVED to approve Assignment of the Facility Management Agreement between the City of Kenai and the Kenai Convention and Visitors Bureau, Inc. and Council Member Gabriel SECONDED the motion. City Manager Koch recommended Council approve the Assignment of the Facility Management Agreement and advised amendments to further clarify certain areas will be drafted and provided to council within 45 days. KENAI CITY COUNCIL MEETING March 7, 2012 Page 6 of 14 Mayor Porter opened the floor for public comment: Fred Braun, President of the Kenai Convention and Visitor Bureau, spoke in favor of Council approving the Assignment of the Facility Management Agreement and requested unanimous consent. Dr. David Wartinbee, Soldotna, spoke on the upcoming Wild Life Art Show to be held on June 1, 2012 at the Kenai Visitor's Center and recommended approval of the Assignment of the Facility Management Agreement. Jason Carroll, Kenai Chamber Board of Directors, spoke in favor of approval of the Assignment of the Facility Management Agreement. Council Member Navarre spoke in favor of approving the Assignment of the Facility Management Agreement; he and City Manager Koch further discussed the amendment approval process. Council Member Molloy thanked both organizations for their hard work on the agreement and spoke in favor of approving the Assignment of the Facility Management Agreement. Council Member Molloy recommended and encouraged administration to consider the following amendments: • KCCVC provide a quarterly activity report to the City Council regarding the scope of services and other activities and events at the facility, which report shall be presented in person to the Council by a KCCVC representative at a Council meeting. • KCCVC provide the City with a schedule of fees and suggested donations it will charge or request for events held at the Center, which schedule must be approved by the City Manager subject to change by the City Council. • KCCVC will not discriminate against any person or entity with regard to their request to use the facility for meetings or other gatherings on the basis of the other organization's mission statement or political views. • KCCVC will not utilize the facility for its weekly luncheons. Council Member Boyle expressed his concerns regarding the "new group" and process of the merger. Council Member Gabriel noted the majority of positive feedback provided at the work session conducted on February 15, 2012. Council Member Bookey spoke in favor of the Assignment of the Facility Management Agreement. KENAI CITY COUNCIL MEETING March 7, 2012 Page 7 of 14 Mayor Porter spoke in favor of the Assignment of the Facility Management Agreement for the community and her membership with the Chamber of Commerce. Council Member Navarre noted his past presidency of the Chamber of Commerce and current membership. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. Council recessed from 7:58 p.m. until 8:08 p.m. Student Representative Daly departed the meeting during the recess. ITEM G: NEW BUSINESS G-1. Action /Approval - Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify payments of bills over $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -2. Action /Approval - Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. City Manager Koch provided an update on the water treatment facility and production well. VOTE: There being no objections, SO ORDERED. KENAI CITY COUNCIL MEETING March 7, 2012 Page 8 of 14 G -3. Action /Approval - Amendment to Facility Management Agreement Between the City of Kenai and Beacon Occupational Health and Safety Services, Inc. to Manage and Operate the Alaska Fire Training Center Owned by the City. Mayor Porter noted a Representative of Beacon Occupational Health and Safety Services, Bob Lee, was in the audience to participate in discussion or questions if needed. MOTION: Council Member Molloy MOVED to approve the Amendment to Facility Management Agreement Between the City of Kenai and Beacon Occupational Health and Safety Services, Inc. to Manage and Operate the Alaska Fire Training Center Owned by the City. Council Member Bookey SECONDED the motion. VOTE: YEA: NAY: MOTION PASSED UNANIMOUSLY. Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter G -4. Action /Approval - Grant of Easement to the City of Kenai for a Non- exclusive Right -of -Way and Utility Easement for use for General Government Purposes of an Approximately 9,754 Square Foot Public Use Roadway Located Within the Northwest y Northwest 1/4 of Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. MOTION: Council Member Gabriel MOv'ED to approve the Grant of Easement to the City of Kenai for a Non - exclusive Right -of -Way and Utility Easement for use for General Government Purposes of an Approximately 9,754 Square Foot Public Use Roadway Located within the Northwest 'A Northwest 1/4 of Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. Council Member Molloy SECONDED the motion. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING March 7, 2012 Page 9 of 14 G -5. Discussion - Kenai Municipal Airport Tree Obstruction Removal Project. Council Member Molloy advised the work session conducted on February 21, 2012 provided a lot of information and public participation which presented the idea and support of displacement of the runway as a better long term solution. Correspondence provided to Council as a lay -down submitted by Les and Susan Bradley pertaining to such was noted. Council and administration discussed displacement of the runway as an alternative option to tree removal and City Manager Koch advised that option, along with other options, were eliminated initially as administration determined they were not feasible for the City due to significant cost. The following discussion topics ensued: • Project budget • Departure surface • Safety departure areas • Reforestation • Retaining a Landscape Engineer • Engineering funding • FAA Regulations G -6. *Approval of Liquor License Renewals • American Legion Post #20 • Fraternal Order of Eagles #3525 • Pizza Hut Approved by consent agenda. G -7. *Ordinance No. 2610 -2012 - Amending Kenai Municipal Code 14.22.010, "Land Use Table," to Allow Bed and Breakfast in the Recreation Zone (R) as a Permitted Use instead of Requiring a Conditional Use Permit. Introduced by consent agenda; public hearing scheduled on March 21, 2012. 0-8. *Ordinance No. 2611 -2012 - Amending Section 14.20.150, "Conditional Use Permits," to Expand the Authority of the Planning & Zoning Commission to Consider Requests for Extensions of Permits in Situations Where the Conditional Use Peunlit has Lapsed or Expired Due to Non -Use; to Extend the Time for Extensions from 6 Months to up to One (1) Year Each; and, to Provide an Express Appeal Process. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -9. *Ordinance No. 2612 -2012 - Amending Section 14.20.145, "Recreation Zone (R)," to Incorporate Changes to the Land Use Table (KMC 14.22.010) KENAI CITY COUNCIL MEETING March 7, 2012 Page 10 of 14 Regarding this Zoning District for Purposes of Consistency and to Make Format Changes for Purposes of Uniformity within the Kenai Zoning Code, KMC 14.20. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -10. Ordinance No. 2613 -2012 - Amending Kenai Municipal Code Section 1.25.020, "Duties," to Include the City Clerk as Parliamentarian to the City. MOTION: Council Member Molloy MOVED to introduce Ordinance No. 2613 -2012 and Council Member Bookey SECONDED the motion. Council Member Molloy spoke in opposition of Ordinance No. 2613 -2012 and requested the City Clerk and City Attorney collaboratively research and provide the following information: 1) how parliamentary advice is provided to the governing body in other home rule municipalities that have both a City Clerk and City Attorney and their specific roles pertaining to such 2) outline adopted method or practices in which parliamentary advisor is established within the home rule researched municipalities. Council Member Navarre spoke in favor of Ordinance No. 2613 -2012 and support of postponement if necessary for more information. Council Member Boyle spoke in opposition of Ordinance No. 2613 -2012. Vice -Mayor Marquis expressed neither opposition nor favor as to whom, whether the Clerk or Attorney, provide parliamentary advise to the council, however, spoke in favor of legislation defining clear direction on establishing the parliamentary advisor to eliminate confusion. VOTE: YEA: Bookey, Gabriel, Marquis, Navarre, Porter NAY: Boyle, Molloy MOTION PASSED. G -11. *Ordinance No. 2614 -2012 - Amending Kenai Municipal Code Sections 1.15.120, "Rules of Order" and 1.90.050, "Proceedings," to Adopt Robert's Rules of Order Newly Revised, 11th Edition, as the Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees. Introduced by consent agenda; public hearing scheduled on March 21, 2012. KENAI CITY COUNCIL MEETING March 7, 2012 Page 11 of 14 G -12. *Ordinance No. 2615 -2012 - Increasing Estimated Revenues and Appropriations in the General Fund and Congregate Housing Enterprise Fund for Insurance Proceeds and Federal /State Emergency Management Funds for the Repair of City Facilities Damaged During the Severe Winter Storm on November 16, 2011. Introduced by consent agenda; public hearing scheduled on March 21, 2012. 0-13. *Ordinance No. 2616 -2012 - Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for the Obstruction Tree Removal Project. Introduced by consent agenda; public hearing scheduled on March 21, 2012. 0-14. *Ordinance No. 2617 -2012 - Amending Kenai Municipal Code Section 23.25.060, "Overtime," to Clarify the Overtime Rate Paid to Temporary Employees and Making Technical Corrections. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -15. *Ordinance No. 2618 -2012 - Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund for the Police Department to Purchase a Ford F -150 and Accompanying Police Accessories from Insurance Proceeds to be Received from the At Fault Driver's Coverage. Introduced by consent agenda; public hearing scheduled on March 21, 2012. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging - Vice -Mayor Marquis advised the next meeting is scheduled on Thursday, April 12th. H -2. Airport Commission - Council Member Gabriel advised the March 8th meeting was cancelled; next meeting scheduled on Thursday, April 12th. H -3. Harbor Commission - Council Member Molloy noted the next meeting is scheduled on March 12, 2012. H -4. Library Commission - Council Member Boyle advised the following was discussed at the March 7, 2012: • Volunteer Appreciation Dinner, April 20, 2012; RSVP by April 13th e Library Code of Conduct approved with minor changes e Fiscal budget discussion e Approval of Non Residence Borrowers Cards was tabled • Discussion of new light fixtures and roof leaks ® Director's travel /conferences KENAI CITY COUNCIL MEETING March 7, 2012 Page 12 of 14 H -5. Parks and Recreation Commission - Council Member Bookey had nothing to report. H -6. Planning and Zoning Commission - Council Member Navarre advised the commission discussed the following at the February 22, 2012 meeting: • Work Session - Comprehensive Plan Review • Approval of PZ12 -03, PZ12 -04, PZ12 -05 Advised the next meeting is scheduled on March 14, 2012. H -7. Beautification Committee - Mayor advised the committee discussed the following at the February 28, 2012 meeting: • Blue Star Memorial Park paths and flower bed designs ITEM I: REPORT OF THE MAYOR Mayor Porter reported on the following: • Attended "Job Shadow Day" • Welcome letter for American Legion • Participated in orientation for newly appointed P &Z commission member • Skype interview with Swedish Journalist ITEM J: ADMINISTRATION REPORTS J -1. City Manager reported on the following: • FY2013 Budget preparations • Juneau legislation • Commended employees for snow removal on community streets and ail port runway • Driveway snow berms J -2. City Attorney reported on the following: • Shekinah Edmunds oral argument scheduled on March 22, 2012 in Anchorage • CINGSA oral argument to be rescheduled • Out of office March 8 & 9, presenting on OMA & parliamentary procedure in Wrangell, AK • Thanked Jack Schmidt & Tony Prior for accompanying to vehicle in evenings • Status on Rohner's house J -3. City Clerk reported on the following: KENAI CITY COUNCIL MEETING March 7, 2012 Page 13 of 14 Reminder of Financial Disclosure Statement submission deadline of April 13, 2012. 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 wished Police Chief Gus Sandahl a happy birthday. Council Member Gabriel congratulated the Girl Scouts on their 100 year anniversary and thanked Council and Mayor for support of Resolution 2012 -15. Council Member Bookey noted his continued participation in the Pie Fundraiser and advised the National Fire Protection Association (NFPA) requested he attend and present at the National Residential Sprinkler Summit. in Chicago, IL, on April 2 & 3, 2012. Vice -Mayor Marquis thanked Olivia Brewer for singing the National Anthem and noted the beauty of Alaska during his recent drive from Anchorage to Kenai while returning from vacation. Council Member Molloy congratulated the Girl Scouts on 100 year anniversary; concurred with Grant Aviation and Era Aviation on letters thanking the City's airport for this season's snow removal efforts and commended Airport Director Bondurant. 10th Council Member Boyle expressed gratitude to City employees for snow removal. efforts this winter. ITEM L: EXECUTIVE SESSION - None 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. KENAI CITY COUNCIL MEETING March 7, 2012 Page 14 of 14 (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 9:03 p.m. Minutes ,prepared and submitted by: if Sandra Yodigh, CIVIC City C'rk *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.