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Home My WebLink About2012-04-04 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING APRIL 4, 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 April 4, 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 Nancy Carver, Temporary Deputy City Clerk A -3. MOTION: Agenda Approval Council Member Molloy MOVED to approve the agenda and requested UNANMIOUS CONSENT. Vice -Mayor Marquis 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 ICENAI CITY COUNCIL MEETING April 18, 2012 Page 2 of 9 and considered in its normal sequence on the agenda as part of the General Orders. MOTION: Council Member Vice -Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS Courtney Stroh, Kenai -- requested Council's continued support of her Caring for the Kenai project, `Rock the Kenai ". Council Members Gabriel, Molloy, Navarre and Boyle congratulated Ms. Stroh and wish her good luck. Mitch Mahurin, Inlet Drilling -- suggested Council postpone action on Special Use Pei suit for Buccaneer Alaska Operations, LLC., due to non - payment to local businesses. Charles Green, Nana Construction -- suggested Council postpone action on Special Use Permit for Buccaneer Alaska Operations, LLC., noting approximately 10% of invoices have not been paid. Phil Stevens, Inlet Drilling -- suggested Council postpone action on Special Use Permit for Buccaneer Alaska Operations, LLC., due to non- payment to local businesses. Councilman Molloy asked if businesses have had contact with Buccaneer Sagan Juliussen, Vice- President, Nana Construction -- suggested Council postpone action on Special Use Permit for Buccaneer Alaska Operations, LLC.; noting he does not want to shut down Buccaneer, just wanted the city to be aware. Mayor Porter asked if businesses are seeking relief through the courts. Mr. Juliussen confirmed a lien had been filed. Ms. Sterns requested confirmation that it was a mechan ics material lien. KENAI CITY COUNCIL MEETING April 18, 2012 Page 3 of 9 Mike Sheppard, Conan Construction -- suggested Council postpone action on Special Use Permit for Buccaneer Alaska Operations, LLC., due to non - payment to local businesses. ITEM"): PUBLIC HEARINGS D -1. *Approval of Liquor License Renewals - Little Ski -Mo Drive -In (License #1774) Approved by consent agenda. D -2. Ordinance No. 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. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2619 -2012. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being no one wishing to speak, public comment was closed. There were no council comments. VOTE: MOTION PASSED UNANIMOUSLY. YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes D -3. Ordinance No. 2620 -2012 - Increasing Estimated Revenues and Appropriations by $2,000.64 in the General Fund for Grant Funds to Provide Police Training to Prevent Internet Crimes Against Children (ICAC). MOTION: Council Member Bookey MOVED to approve Ordinance No. 2620 -2012. Vice - Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being no one wishing to speak, public comment was closed. There were no council comments. VOTE: MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING April 18, 2012 Page 4 of 9 YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: None * Student Representative Daly: Yes D -4. Ordinance No. 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. MOTION: Council Member Gabriel MOVED to adopt Ordinance No. 2621 -2012. Council Member Navarre SECONDED the motion. Mayor Porter opened the floor for public comment, there being no one wishing to speak, public comment was closed. There were no council comments. VOTE: MOTION PASSED UNANIMOUSLY. YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: None Student Representative Daly: Yes D -5. Resolution No. 2012 -21 - Authorizing a Budget Transfer within the General Fund, Clerk Department for Staff Recruitment Expenses. MOTION: Council Member Molloy MOVED to approve Resolution No. 2012 -21 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being no one wishing to speak, public comment was closed. There were no council comments. MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Special Meeting of March 20, 2012 E -2. *Regular Meeting of March 21, 2012 Approved by consent agenda. KENAI CITY COUNCIL MEETING April 18, 2012 Page 5 of 9 ITEM F: UNFINISHED BUSINESS -- None. 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. Vice -Mayor Marquis 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 ord.ers exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -3. Action /Approval -- Special Use Permit to Buccaneer Alaska Operations, LLC. MOTION: Council Member Navarre MOVED to approve the permit and Council Member Gabriel SECONDED the motion. Marquis noted the permit had expired on March 1, 2012 and asked if there was a time issue. Koch answered there was not a time issue. Molloy noted his understanding of the concerns of the public and asked if the non - payment put the City at risk. City Attorney Stearns replied that was a possibility. Navarre asked if there would be a lease before the permit expired. Koch replied the lease should be before the Council before that time. Navarre spoke against postponing the permit. KENAI CITY COUNCIL MEETING April 18, 2012 Page 6 of 9 MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the Special Use Permit to the April 18, 2012 meeting and Council Member Marquis SECONDED the motion. General discussion occurred. VOTE: MOTION FAILED YEA: None NAY: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre *Student Representative Daly: NAY MOTION TO AMEND: Council Member Bookey MOVED to amend. the Special Use Permit by striking out "for a term of one year," in the first paragraph and replacing "28th day of February, 2013" with "4th day of May, 2012 ". Council Member Molloy SECONDED the motion. General discussion occurred. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. BREAK: 8:09 P.M. BACK TO ORDER: 8:14 P.M. G -4. *Ordinance No. 2622 -2012 - Authorizing the City Manager to Enter into a Lease Preference Right Agreement with Thomas Wagoner and Dorothy Wagoner with Respect to Lot 2, Block 1, Gusty Subdivision (11472 Kenai Spur Highway) Located within the Airport Reserve. (Public Hearing 4/18/12) Introduced by approval of consent agenda. G -5. *Ordinance No. 2623 -2012 - Amending Kenai Municipal Code Section 23.25.060, "Overtime," to Eliminate the Payment of Overtime in Excess of Fair Labor Standards Act (FLSA) Rates to Temporary Employees and Making Technical Corrections. (Public Hearing 4/18/12) Introduced by approval of consent agenda. ITEM H: COMMISSION /COMMITTEE REPORTS KENAI CITY COUNCIL MEETING April 18, 2012 Page 7 of 9 11-1. Council on Aging - Vice -Mayor Marquis advised the next meeting was scheduled for Thursday, April 12th. H -2. Airport Commission - Council Member Gabriel advised next meeting was scheduled for Thursday, April 12th. H -3. Harbor Commission - Council Member Molloy advised the April 9th meeting was cancelled and the next meeting would be May 7. 11-4. Library Commission - Council Member Boyle reported the commission met on April 3 and the Friends of the Library would host a celebration at the library on April 14 from 1 - 3 pm. H -5. Parks and Recreation Commission - Council Member Bookey noted the next meeting would be April 5. H -6. Planning Commission - Mayor Porter advised she attended the commission meeting in Council Member Navarre's absence and reported on the Comprehensive Plan Navarre noted the next Planning Conference would be in November in Anchorage and encouraged all commissioners to attend. H -7. Beautification Committee - Mayor Porter noted the next meeting would be April 10. ITEM I: REPORT OF THE MAYOR Mayor Porter reported the following: Attended the Meals on Wheels Pie Auction. Met with Walmart manager. Met with Car Quest, Jersey Subs and the Thai restaurant. Marched with Soldotna Mayor Micchie in the Respect Parade. Met with Hillcorp executives. Judged debate at Kenai Central High School. Planned May 8 Coffee with the Mayor. ITEM J: ADMINISTRATION REPORTS J -1. City Manager reported on the following: FY2013 budget. Aetna Insurance Premiums carne in much lower than expected. Kenai Community Library in American Library magazine. Street maintenance activities ongoing with above normal snowfalls. Porter requested a cost estimate for a facade behind the dais. Koch agreed. ICENA1 CITY COUNCIL MEETING April 18, 2012 Page 8 of 9 J -2. City Attorney reported on the following: Received final reply brief on the CINGSA issue. Will be attending continuing education next week. Porter asked for a follow up on the Rohner's building. Stearns reported she had spoken to the Planning Department regarding this issue. J -3. City Clerk -- No report. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments -- None. K -2. Council Comments Daly reported on activities at Kenai Central High School. Bookey reported on his presentation at a national fire conference regarding the City's tax credit for sprinklers. Gabriel noted the public's desire to see Buccaneer succeed. Navarre noted his appreciation of Linda Murphy and requested Council send flowers to Clerk Modigh. 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. (Cleric'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 8:40 p.m. KENA1 CITY COUNCIL MEETING April 18, 2012 Page 9 of 9 Minutes prepared and submitted by: Corene Hall, CMC, Deputy 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. ®i9EDD BY 1d