Loading...
HomeMy WebLinkAbout2012-06-06 Council MinutesMINUTES KENAI CITY COUNCIL - REGULAR MEETING JUNE 6, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us 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: Pat Porter, Mayor Terry Bookey Tim Navarre Mike Boyle Robert Molloy Brian Gabriel Ryan Marquis, Vice -Mayor (attended via teleconference) comprising a quorum of the Council. Also in attendance were: Rick Koch, City Manager Krista Stearns, City Attorney Christine Cunningham, Acting City Clerk 3. Agenda Approval Mayor Porter read the following change to the agenda: MOVE AGENDA ITEM G -5 TO D -1: MOTION: Action /Approval -- Consent to Assignment and Assumption of Lease Agreement from L 86 M Ventures, Inc., Michael J. Lott, Natasha Lon, and Nina Marion to Jersey Subs, Inc. for Lot 3, Block 1, Gusty Subdivision. Council Member Molloy MOVED to approve the amended agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 2 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. *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 no uial sequence on the agenda as part of the General Orders. 5. Proclamation -- Alaska Communications' Summer of Heroes Day Mayor Porter read and presented the Proclamation to representatives of the Boys and Girls Club and Alaska Communications'. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Kathy Musick, Jersey Subs, Inc. -- Relocation of Jersey Subs after Roof Failure. Mrs. Musick was not present at the meeting. C. UNSCHEDULED PUBLIC COMMENTS Brad Hamilton, 48705 Runners Ave., Soldotna, AK 99669 requested permission to place "mile markers" within the City and requested funding in the amount of $1,375 from the City to complete the project as well as council's support. Council and Mr. Hamilton discussed details of the project. MOTION: Council Member Navarre MOVED to approve an expenditure in the amount of $1,375 out of FY 12 Budget to fund the project placing mile markers within the City of Kenai. Vice -Mayor Marquis SECONDED the motion. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 3 NAY: MOTION PASSED UNANIMOUSLY. Virginia Shook, Kenai, AK 99611, spoke in opposition of the proposed increase to the City's water & sewer services. D. PUBLIC HEARINGS 1. Action /Approval -- Consent to Assignment and Assumption of Lease Agreement from L & M Ventures, Inc., Michael J. Lott, Natasha Lott, and Nina Marion to Jersey Subs, Inc. for Lot 3, Block 1, Gusty Subdivision. MOTION: Council Member Bookey MOVED to approve consent to Assignment and Assumption of Lease Agreement from L & M Ventures, Inc., Michael J. Lott, Natasha Lott, and Nina Marion to Jersey Subs, Inc. for Lot 3, Block 1, Gusty Subdivision. Council Member Gabriel SECONDED the motion. Council Member Molloy stated his conflict of interest in voting on the matter; Mayor Porter excused Council Member Molloy from voting. City Manager Koch provided a report on the lease agreement and recommended approval. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2631 -2012 -- Increasing Estimated Revenues and Appropriations by $894 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2631 -2012 and Council Member Gabriel SECONDED the motion. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 4 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 MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2632 -2012 -- Increasing Estimated Revenues and Appropriations by $1,505.92 in the General Fund for State Traffic Grant Overtime Expenditures. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2632 -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: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2633 -2012 -- Increasing Estimated Revenues and Appropriations by $7,352.43 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. MOTION: Council Member Gabriel MOVED to approve Ordinance No. 2633 -2012 and Council Member Bookey 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 CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 5 MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2634 -2012 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2634 -2012 and Council Member Navarre SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council and administration discussed funding allocations for building repairs, a dredging feasibility study, and Parks 8v Recreation equipment. MOTION: Council Member Bookey MOVED to amend Ordinance No. 2634 -2012 by adding $40,000 to Buildings, department account 8062 for miscellaneous building repairs and improvements. Council Member Navarre SECONDED the motion. Council and administration noted additional Community Revenue Sharing funds the City will be receiving which were not discussed at the budget work session nor included in the proposed budget. VOTE ON AMENDMENT: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement Fund," to Expand the Use of the Fund to the Purchase of Significant Equipment on a Predetermined Replacement Schedule. • Substitute Ordinance No. 2635 -2012 -- Amending Kenai Municipal Code Section 7.25.110, "Equipment Replacement CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 6 Fund," to Expand the Use of the Fund to Allow the Purchase of Equipment Other than "Heavy Equipment" Costing in Excess of $50,000. MOTION: Council Member Molloy MOVED to approve Substitute Ordinance No. 2635- 2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. The City Manager provided a report on the proposed substitute ordinance. Council and administration further discussed the details of the equipment replacement fund process. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. 7. Ordinance No. 2636 -2012 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel" Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2013 Operating Budget Salary Schedule. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2636 -2012 and Council Member Molloy 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 MOTION PASSED UNANIMOUSLY. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 7 8. Ordinance No. 2637 -2012 -- Increasing Estimated Revenues and Appropriations by S120,000 in the Information Technology Capital Project Fund for a Voice over Internet Protocol Phone System for Which Funding was Provided as Part of the FY2013 Budget. MOTION: Council Member Gabriel MOVED to approve Ordinance No. 2637 -2012 and Council Member Navarre 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, Porte MOTION PASSED UNANIMOUSLY. 9. Resolution No. 2012 -26 -- Awarding a Contract to Alaska Roadbuilders, Inc. for the Project Entitled, "James Street Paving Lid 2012" for the Total Amount of $167,479. MOTION: Council Member Gabriel MOVED to approve Resolution No. 2012 -26 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. Council Member Bookey thanked administration for their recommendation. VOTE: There being no objections, SO ORDERED. 10. Resolution No. 2012 -27 -- Authorizing a Budget Transfer of $15,000 Within the Water Department to Purchase a Fork Lift. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -27 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 8 Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. 11. Resolution No. 2012 -28 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2012 and Ending June 30, 2013. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2012 -28 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Molloy, Gabriel, and Navarre commended administration for their efforts in maintaining the City's property tax without necessary increases. VOTE: There being no objections, SO ORDERED. 12. Resolution No. 2012 -29 -- Amending Its Comprehensive Schedule of Rates, Charges, and Fees for Changes Adopted During the FY2013 Budget Process to Include Increasing Camping and Parking Fees Associated with the Personal Use Fishery on the City's North And South Beaches And Fees for Water and Sewer Service. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2012 -29 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Vice Mayor Marquis objected to unan imous consent. Council Member Bookey spoke in support of an increase in service rates but in opposition of an increase to parking during the dip net fishing season. MOTION: Council Member Bookey MOVED to amend the attached fee schedule to reduce the "North & South Beach Parking (Personal Use Fishery Season) per twelve (12) hour period" from $20 to S 15; and to amend the first whereas by inserting the words "overnight camping" after the word "for" and before the word "fees"; and to remove the words "per twelve hour period." Council Member Molloy SECONDED the motion. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 9 Council Member Gabriel thanked council for the resolution and fee schedule and inquired about financial impacts of the proposed amendment. City Manager advised the City would forego 535,000 of revenue in order to not impact City residents with $1,400 of parking fees. Council Member Gabriel spoke in opposition of the amendment. Council Member Gabriel noted he would support a parking waiver for residents. Council Member Molloy supported the amendment. Council Member Navarre spoke in opposition of the amendment. Council Member Bookey further spoke in favor of his amendment. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE ON AMENDMENT: YEA: NAY: Bookey, Boyle, Marquis, Molloy, Porter Gabriel, Navarre MOTION PASSED. Council Member Navarre requested unanimous consent. Vice -Mayor Marquis withdrew his objection to unanimous consent. VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED. Mayor Porter recognized Mr. Bookey, Council Member Bookey's father in the audience. Council took a brief recess. 13.Resolution No. 2012 -30 -- Authorizing a Budget Transfer within the General Fund for the Purchase of Radios and Accessories for the Communication Needs of the Streets Department. MOTION: Council Member Gabriel MOVED to approve Resolution No. 2012 -30 and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 10 Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. 14. Resolution No. 2012 -31 -- Authorizing a Budget Transfer within the General Fund for External Legal Assistance Related to Land Issues. MOTION: Council Member Molloy MOVED to approve Resolution No. 2012 -31 and requested UNANIMOUS CONSENT. Council Member Gabriel 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. 15. Resolution No. 2012 -32 -- Authorizing a Budget Transfer of $10,000 within the Police Department Budget for Fuel Costs in Excess of Budgeted Amounts. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -32 and requested UNANIMOUS CONSENT. Council Member Gabriel 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. E. MINUTES 1. *Regular Meeting of May 16, 2012 Approved by consent agenda. 2. *Special Meeting of May 23, 2012 Approved by consent agenda. F. UNFINISHED BUSINESS -- None CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 11 G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Action /Approval -- Purchase Orders Exceeding 515,000 MOTION: Council Member Bookey 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. 3. Action /Approval -- Special Use Permit to Reddi Towing & Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park and Adjacent 50' Right -of- Way. MOTION: Council Member Bookey MOVED to approve Special Use Pe it to Reddi Towing & Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park and Adjacent 50' Right -of -Way and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Action /Approval - Concession Agreement with Bunny Swan Gease d /b /a Artworks Alaska for Space No. 17 at the Kenai Municipal Airport Terminal. MOTION: Council Member Molloy MOVED to approve the Concession Agreement with Bunny Swan Gease d /b /a Artworks Alaska for Space No. 17 at the Kenai Municipal Airport Terminal and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 12 5. Action /Approval -- City Manager to Enter into a Memorandum of Agreement (MOA) Regarding the Transfer of Beaver Loop Roadway to the City of Kenai. Council Member Gabriel noted his employment with the State of Alaska Department of Transportation and advised his vote would not impact him financially; the Mayor ruled this matter was not a conflict of interest. MOTION: Council Member Bookey MOVED the approval of the City Manager to enter into a Memorandum of Agreement (MOA) regarding the transfer of Beaver Loop Roadway to the City of Kenai and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. Discussion -- Set Board of Adjustment Hearing Date -- Appeal of Condemnation Order of Mobile Home(s) in SPC 44 at Highland Mobile Home Park, 5125 Silver Salmon Drive, Kenai, Alaska, of May 7, 2012, by Larry Floyd, City of Kenai Building Inspector. Council concurred to set the Board of Adjustment Hearing Date on June 25, 2012, 5:30 p.m., at City Hall in Council Chambers. 7. Discussion -- Council Policy for Commission, Committee, Board and Council on Aging Meetings and Works Sessions - Work Sessions. Council Member Molloy suggested the City's committees /commissions /boards be granted flexibility on setting their agenda and allowing for public participation. Council discussed the policy and deferred it to the City Clerk for proposed changes. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging -- Council Member Marquis noted the June meeting was cancelled and the next meeting would be July 12, 2012. 2. Airport Commission -- Council Member Gabriel advised the June meeting was cancelled and noted the June 9th Air Fair. 3. Harbor Commission -- Council Member Molloy noted the next meeting would be June 11, 2012, and further advised of Council Member Boyle's attendance at the meeting during his absence. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 13 4. Library Commission -- Council Member Boyle reviewed the meeting of June 5, 2012. 5. Parks and Recreation Commission -- Council Member Bookey reviewed the meeting of June 4, 2012. 6. Planning and Zoning Commission -- Council Member Navarre advised the commission met on May 23rd and noted the June 13th meeting was cancelled but a work session would be conducted. Next scheduled meeting is scheduled on June 27, 2012. 7. Beautification Committee -- No report. I. REPORT OF THE MAYOR Mayor Porter noted the following: An email from Thompson Park resident regarding improvements of Beaver Creek Park Attended the Celebration of Alaska Wildlife Art Show Attended the Cook Inlet National Gas Storage Dedication Presented the "Cooking for Kids" book to Library Director for book signing event "Lunch with the Mayor" update Daubenspeck Family Park dedication, June 30, 2012 Purchased ice cream for the Kaleidoscope class who assisted in garbage clean up. Attended Kenai Central High School graduation Thanked Parks & Recreation Department for efforts in making Memorial Day event /ceremony successful Thanked Vice -Mayor for attending and participating in community events during her absence New business: Donaldson's / Ink Works Tattoos / Playa Azula Met with the Kenaitze Indian Tribe to discuss plans for a new medical facility Noted the cost of annual membership to the Alaska Municipal League J. ADMINISTRATION REPORTS 1. City Manager -- Koch noted the 60th Anniversary of World War II D -Day. Reported on meeting with Kenaitze Indian Tribe regarding the proposed medical facility, AML Summer Meeting, and thanked council for a successful budget process. 2. City Attorney -- No report. 3. City Clerk -- No report. CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 14 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments -- None. 2. Council Comments Navarre -- advised his new membership & Co -Chair of the Alaska Stand Alone Advisory Committee and requested the City's support. Noted he was happy to see the City Clerk back at work. Council Member Gabriel -- noted his support of Council Member Navarre's participation as a Co -Chair of the Alaska Stand Alone Advisory Committee and further noted the community's summer jobs. Council Member Bookey - thanked his father for his attendance at the meeting, noted for the record the council did not take a position on the legislation passed related to the pipeline, and commented on summer traffic and safety. Council Member Molloy -- None. Council Member Boyle -- thanked the City Manager for mentioning the 60th Anniversary of World War II D -Day. Vice -Mayor Marquis -- None. Porter -- None. L. EXECUTIVE SESSION -- None. 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), 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, 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 CITY COUNCIL MEETING MINUTES JUNE 6, 2012 PAGE 15 There being no further business before the Council, the meeting was adjourned at approximately 9:02 p.m. Minutes prepared and submitted by: S6nca glodig , CMC City- lerk