Loading...
HomeMy WebLinkAbout2012-03-21 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 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 March 21, 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: Adding to agenda item J -2: City Manager Report • Fire Department Mid -Month Report Adding to agenda item I: Mayor's Report • Volunteer Appreciation Dinner Budget Moving agenda item G -3. Action / Approval - Assignment of the Salamatof Seafoods, Inc. Lease of Dock Facility and Adjoining Lands, as first item of business under Public Hearings. KENAI CITY COUNCIL MEETING March 21, 2012 Page 2 of 15 MOTION: Council Member Molloy MOVED to approve the agenda as amended and requested UNANMIOUS CONSENT. Council Member Bookey 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 Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS None ITEM C: UNSCHEDULED PUBLIC COMMENTS None ITEM D: PUBLIC HEARINGS G -3. Action / Approval - Assignment of the Salamatof Seafoods, Inc. Lease of Dock Facility and Adjoining Lands. Agenda item G -3 was moved from New Business under approval of the agenda. MOTION: Council Member Molloy MOVED to approve the Assignment of the Salamatof Seafoods, Inc. Lease of Dock Facility and Adjoining Lands. Vice -Mayor Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING March 21, 2012 Page 3 of 15 VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -1. Resolution No. 2012 -18 - Amending its Comprehensive Schedule of Rates, Charges, and Fees "Parks and Recreation Fees" to Include a Senior Discount for Boat Launch and Parking Fees at the City Dock. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -18 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment. Dwight Cramer, 230 North Fern Street, Kenai, spoke on behalf of the Kenai Fisherman's Coalition, in favor of Resolution No. 2012 -18. There being no others in attendance wishing to speak, public hearing was closed. MOTION TO AMEND: Council Member Bookey MOVED to amend Resolution No. 2012 -18 by correcting the fee of $20 for North & South Beach Parking and North & South Beach Overnight Camping to reflect $15 and to delete repeated language "North & South Beach Overnight Camping" on page 2 of 2. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. Council Member Gabriel spoke in favor of Resolution No. 2012 -18. Council Member Molloy spoke in favor of the resolution and noted the Harbor Commission voted unanimously in favor of Council approval. VOTE ON MAIN MOTION AS AMENDED: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes KENAI CITY COUNCIL MEETING March 21, 2012 Page 4 of 15 MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2012 -19 - Awarding a Contract to DBR Construction, Inc. for the Project Entitled Kenai Vintage Pointe Sprinkler Damage Repair 2012 for the Total Amount of $30,993. MOTION: Vice -Mayor Marquis MOVED to approve Resolution No. 2012 -19 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 -3. Resolution No. 2012 -20 - Authorizing a Budget Transfer within the General Fund - for the Purchase of a Wide- Format Scanner. MOTION: Council Member Molloy MOVED to approve Resolution No. 2012 -20 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. D -4. 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. MOTION: Council Member Gabriel MOVED to approve Ordinance No. 2610 -2012. Council Member Navarre 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 KENAI CITY COUNCIL MEETING March 21, 2012 Page 5 of 15 MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2611 -2012 - Amending Section 14.20.150, "Conditional Use Permits," to Expand the Authority of the Planning 8; Zoning Commission to Consider Requests for Extensions of Permits in Situations Where the Conditional Use Permit 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. MOTION: Council Member Molloy MOVED to approve Ordinance No. 2611 -2012. Vice - Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Molloy provided background on the ordinance and outlined the proposed code revisions. Additionally, Council Member Molloy spoke in favor of the ordinance. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -6. Ordinance No. 2612 -2012 - Amending Section 14,20.145, "Recreation Zone (R)," to Incorporate Changes to the Land Use Table (KMC 14.22.010) 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. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2612 -2012. Vice - Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter KENAI CITY COUNCIL MEETING March 21, 2012 Page 6 of 15 Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -7. Ordinance No. 2613 -2012 - Amending Kenai Municipal Code Section 1.25.020, "Duties,' to Include the City Clerk as Parliamentarian to the City. MOTION: Vice -Mayor Marquis MOVED to approve Ordinance No. 2613 -2012. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment. Linda Murphy, 325 Fairway Circle, Soldotna, expressed concern about revisions made to the city clerk position description drafted while she was contracted by the City for the clerk recruitment process. Mrs. Murphy further spoke in favor of Ordinance No. 2613 -2012. There being no others in attendance wishing to speak, public hearing was closed. Mayor Porter spoke in favor of Ordinance No. 2613 -2012. Council Member Bookey spoke in favor of the ordinance for clarity purposes and thanked all for research completed on the topic. Council Member Molloy thanked the City Clerk and City Attorney for completing the requested research and further spoke in opposition of the ordinance as drafted and its unintended consequences. Additionally, postponement of the ordinance and scheduling a work session was recommended. Council Member Navarre spoke in support of Ordinance No. 2613 -2012 and questioned references made to inaccuracies of the ordinance. Council Member Gabriel spoke in favor of Ordinance No. 2613 -2012 on the basis of continuity and thanked the City Attorney and City Clerk for their collaboration on the provided research and memorandum. Vice -Mayor Marquis expressed neither favor nor opposition of the ordinance as the Council and City would benefit from either employee as parliamentarian advisor. VOTE: YEA: Bookey, Gabriel, Marquis, Navarre, Porter NAY: Boyle, Molloy KENAI CITY COUNCIL MEETING March 21, 2012 Page 7 of 15 * Student Representative Daly: Yes MOTION PASSED. D -8. 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. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2614 -2012. 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 the City Attorney and City Clerk for bringing the ordinance forward. Council and the City Attorney discussed revising the language of the ordinance whereby the most current edition of "Robert's Rules of Order" would be adopted as procedure without additional ordinances. The City Attorney advised against doing such for legal purposes. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -9. 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. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2615 -2012. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. KENAI CITY COUNCIL MEETING March 21, 2012 Page 8 of 15 Mayor Porter thanked the City Manager and administration for applying for the reimbursement funding. Vice -Mayor Marquis noted the state of Illinois was denied the Disaster Declaration Funds. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -10. Ordinance No. 2616 -2012 - Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for the Obstruction Tree Removal Project. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2616 -2012. 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 -11. 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. MOTION: Council Member Gabriel MOVED to approve Ordinance No. 2617 -2012. Council Member Navarre SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. KENAI CITY COUNCIL MEETING March 21, 2012 Page 9 of 15 City Finance Director Eubank provided Council a summary on the ordinance advising of clean up and corrections of code in accordance with Fair Standard Labor Act (FSLA). Council and administration discussed the details of the ordinance further and the financial impact on the City and disbursement of information to employees. Council Member Boyle spoke in opposition of the ordinance as drafted specifically opposed to eliminating the current overtime pay rate of holiday compensation. Student Representative Daly reiterated the bookkeeping aspect of the ordinance and requested consideration of the financial impact although minimal. Mayor Porter spoke in favor of the ordinance and noted the City's responsibility to the employees as well as citizens /tax payers of the community. Council Member Molloy expressed the difficulty in the decision but spoke in support of the ordinance. City Manager Koch advised that the legislation was clarification of an issue within code and was not intended as a derogatory or negative action against employees. VOTE: YEA: Marquis, Molloy, Navarre, Porter NAY: Bookey, Boyle, Gabriel * Student Representative Daly: Yes MOTION PASSED. D -12. 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. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2618 -2012. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. KENAI CITY COUNCIL MEETING March 21, 2012 Page 10 of 15 VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -13. *Approval of Liquor License Renewals • Matson Winery & Supply (License # 4676) • George's Casino Bar (License #204) Approved on the consent agenda. ITEM E: MINUTES E -1. *Work Session Notes of February 15, 2012 E -2. *Work Session Notes of February 21, 2012 E -3. *Regular Meeting of March 7, 2012 Approved by consent agenda. ITEM F: None UNFINISHED BUSINESS 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. KENAI CITY COUNCIL MEETING March. 21, 2012 Page 11 of 15 VOTE: There being no objections, SO ORDERED. Agenda item G -3 was moved to first order of business under public hearings by approval of the agenda. Council took a brief recess. G -4. *Ordinance 2619 -2012 - Decreasing Estimated. Revenues and Appropriations in the Streets, Water, and Sewer Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Schematic Design of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. Introduced by consent agenda; public hearing scheduled on April 4, 2012. G -5. *Ordinance 2620 -2012 - Increasing Estimated Revenues and Appropriations by 52,000.64 in the General Fund for Grant Funds to Provide Police Training to Prevent Internet Crimes Against Children (ICAC). Introduced by consent agenda; public hearing scheduled on April 4, 2012. G -6. *Ordinance 2621 -2012 - Increasing Estimated Revenues and Appropriations by $2,155.98 in the General Fund for the Police Department to Purchase Equipment Utilizing Asset Forfeiture Funds Provided to the City of Kenai Introduced by consent agenda; public hearing scheduled on April 4, 2012. MOTION: Council Member Molloy MOVED to reconsider the vote on Ordinance No. 2617- 2012. Council Member Boyle SECONDED the motion. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy NAY: Navarre, Porter * Student Representative Daly: No MOTION PASSED. Council Member Molloy spoke in opposition of the ordinance and recognized the City's support of its employees. Council Member Navarre recommended postponement of the ordinance allowing time for additional research if necessary and spoke in favor of the ordinance. KENAI CITY COUNCIL, MEETING March 21, 2012 Page 12 of 15 Vice -Mayor Marquis spoke in favor of Ordinance No. 2617 -2012. Council Member Boyle reiterated his concerns regarding Ordinance No. 2617- 2012 and spoke in opposition of approval. Mayor Porter spoke in favor of administration bringing this to the attention of Council and in support of Ordinance No. 2617 -2012. Council Member Gabriel noted his original support of the ordinance and minimal financial impact on the City; further spoke in opposition of approval. VOTE: YEA: Marquis, Navarre, Porter NAY: Bookey, Boyle, Gabriel, Molloy * Student Representative Daly: Yes MOTION FAILED. City Manager Koch advised of administrations intent to revise the ordinance for review at a later date. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging - Vice -Mayor Marquis advised the next meeting is scheduled on Thursday, April 12th and reminded all of the March for Meals event of March 22nd. H -2. Airport Commission - Council Member Gabriel commented on the amount of snow accumulated at the airport and advised next meeting was scheduled on Thursday, April 12th. H -3. Harbor Commission - Council Member Molloy advised the following was discussed at the March 12, 2012 meeting: ® Resolution on senior discounts • Assignment of the Salamatof Seafoods, Inc. Lease • Alaska gas line e Next meeting scheduled on April 9, 2012 11-4. Library Commission - Council Member Boyle had no comment. Mayor Porter noted two Library Commission vacancies. H -5. Parks and Recreation Commission - Council Member Bookey had nothing to report. KENAI CITY COUNCIL MEETING March 21, 2012 Page 13 of 15 H -6. Planning Commission - Mayor Porter advised she attended the commission meeting in Council Member Navarre's absence and reported on the following: • Comprehensive Plan Update H -7. Beautification Committee - Mayor advised the committee has not met since the last city council meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter reported on the following: • Interview with Swedish newspaper • Welcomed American Legion Representatives to community • March for Meals Proclamation at Chamber of Commerce luncheon • Mayors Across the Nation -- delivered meals for seniors • Volunteer Appreciation Dinner Budget MOTION: Vice -Mayor Marquis MOVED to approve a budgeted amount of S4,000 for the Volunteer Appreciation Dinner and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. ITEM J: ADMINISTRATION REPORTS J -1. City Manager reported on the following: • Senate Bill 162 testimony through Legislative Information Office • Fibrosis truck and equipment related to vibration study Vice -Mayor Marquis thanked administration and the Parks & Recreation Department for the upkeep and maintenance of the skate pond at Daubenspeck Park. J -2. City Attorney reported on the folio • Out of office March 23 8624 • Two successful months of traffic ticket convictions; thanked City Police Officers • CINGSA oral argument postponed • Looks forward to continuing to work with the City Clerk on legal and parliamentary matters after effective date of ordinance 2613- 2012 ng: J -3. City Clerk had nothing to report. KENAI CITY COUNCIL MEETING March 21, 2012 Page 14 of 15 ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments Thomas Daly, 108 Deep Woods, Kenai, reminded Council of public testimony being held at the Legislative Information Office on Senate Bill 23 relating to transferable film production tax credits and film production tax credit certificates. City Manager Koch advised Council, pursuant to code, that current lessee Russell Winger, submitted a lease application for renewal; administration recommends approval. Application for renewal is scheduled for review by the Planning & Zoning Commission at its March 28th meeting. K -2. Council Comments Council Member Navarre encouraged all to attend the March for Meals event. Council Member Gabriel advised of new City email account established for all city business correspondence. Council Member Bookey had nothing to report. Student Representative Daly reported students are getting back into the swing of things after spring break. Vice -Mayor Marquis had no comment. Council Member Molloy had no comment. Council Member Boyle had no comment. 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. (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 KENAI CITY COUNCIL MEETING March 21, 2012 Page 15 of 15 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 8:39 p.m. Minutes prepared and submitted by: r Sandra Modigh, CMC City Clerk *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.