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Home My WebLink About2012-01-18 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING January 18, 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 January 18, 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: Revise: ITEM B -2 as ITEM B -1 ADD TO: ITEM J -1: Scheduled Public Comments Robert Ruffner, Kenai Watershed Forum City Manager report Industry Outlook Forum "Renaissance of the Kenai Peninsula" Agenda Mayor Porter opened the floor for public comment, there being none, public comment was closed. KENAI CITY COUNCIL MEETING January 18, 2012 Page 2 of 11 MOTION: Council Member Bookey MOVED to approve the agenda as amended and requested UNANMIOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. A -4. Consent Agenda Mayor Porter read the following revisions to the consent agenda: ADD TO: ITEM E -2 Meeting Minutes December 7, 2011 Meeting Minutes as Amended Mayor Porter opened the floor for public comment, there being none, public comment was closed. MOTION: Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. *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. ITEM B: SCHEDULED PUBLIC COMMENTS B -1 Robert Ruffner, Executive Director Kenai Watershed Forum, provided an overview of the progress on collaborative efforts between the City of Kenai and Kenai Watershed Forum and discussed future projects. B -2 Pete Ross, Kahtnu Ventures, LLC, provided a PowerPoint presentation in favor of the proposed Ambulatory Surgery Center and relayed information pertaining to the center and the history related to the evolution of the idea. KENAI CITY COUNCIL MEETING January 18, 2012 Page 3 of 11 ITEM C: UNSCHEDULED PUBLIC COMMENTS Rick Ross, 1505 Katie Way, Kenai, of CPGH Inc. discussed the Certificate of Need process for the proposed Kahtnu Ventures, LLC, Ambulatory Surgery Center and spoke in opposition of the proposed center. Russell Dukowitz, Kenai, addressed Council on behalf of the Kenai Central Hockey team regarding the upcoming Annual State Fee Fundraiser on January 29, 2012, from 4 p.m. to 8 p.m. at the Central High School cafeteria. Meeting Break: 7:58 p.m. Back To Order: 8:06 p.m. ITEM D: PUBLIC HEARINGS D -1. Resolution No. 2012 -03 - Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds. (Alaska Permanent Capital Consultant Bert Wagnon requests 15 -30 minute review and discussion) MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -03 and Council Member Gabriel SECONDED the motion. Bert Wagnon, Alaska Permanent Capital Management, provided a portfolio review of the City's Permanent Funds and recommended the City continue maintaining its current investments and allocations. Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2012 -02 - Accepting a Grant Award from the State of Alaska, Department of Environmental Conservation - Division of Water in the Amount of $1,557,000 and Requiring a Local Match of $667,286 for the Installation of a Water Main from Lawton Drive to Angler Drive along Beaver Loop Road. MOTION: Vice -Mayor Marquis MOVED to approve Resolution No. 2012 -02 and Council Member Gabriel SECONDED the motion. KENAI CITY COUNCIL MEETING January 18, 2012 Page 4 of 11 Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2603 -2011 - Amending Kenai Municipal Code Chapter 7.05, "Taxation of Real and Personal Property" by Adding a New Section "Property Tax Credit - Residential Sprinkler Systems," to Provide a Tax Credit to Owners of Residential Structures who install Certain Qualifying Sprinkler Devices. (Clerk's Note: At its December 21, 2011 meeting, Council postponed Ordinance No. 2603 -2011 to the January 18, 2012 meeting; motion to approve the ordinance is on the floor.] MOTION TO AMEND BY SUBSTITUTE: Council Member Bookey MOVED to amend by substitute, Ordinance No. 2603- 2011 and Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. Council Member Molloy spoke in favor of the substitute ordinance. VOTE ON AMENDMENT BY SUBSTITUTE: MOTION PASSED UNANIMOUSLY. Council Member Bookey, Navarre, Gabriel, and Vice -Mayor Marquis spoke in favor of Ordinance No. 2603 -2011 as amended. Council Member Gabriel requested the City's Building inspector in recourse to council, provide a future report on number of individuals benefiting from the new legislation. VOTE TO APPROVE AS AMENDED: MOTION PASSED UNANIMOUSLY. D -4 Ordinance No. 2605 -2012 - Increasing Estimated Revenues and Appropriations by $6,046.52 in the General Fund for Police Training Reimbursements from Internet Crimes Against Children (ICAC). MOTION: Vice -Mayor Marquis MOVED to approve Ordinance No. 2605 -2012 and Council Member Bookey SECONDED the motion. KENAI CITY COUNCIL MEETING January 18, 2012 Page 5 of 11 Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Regular Meeting of January 4, 2012 APPROVED BY CONSENT AGENDA. E -2. *Amend Regular Meeting Minutes of December 7, 2011 (Clerk's Note: motion to "amend something previously adopted" is noticed) APPROVED AS AMENDED BY CONSENT AGENDA. ITEM F: UNFINISHED BUSINESS - None. ITEM G: NEW BUSINESS G -1. *Ordinance 2606 -2012 - Increasing Estimated Revenues and Appropriations by $3,214.81 in the General Fund for State Traffic Grant Overtime Expenditures. INTRODUCED BY CONSENT AGENDA AND SET FOR PUBLIC HEARING ON FEBRUARY 1, 2012. G -2. *Ordinance 2607 -2012 - Increasing Estimated Revenues and Appropriations by $10,990.27 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. INTRODUCED BY CONSENT AGENDA AND SET FOR PUBLIC HEARING ON FEBRUARY 1, 2012. G -3. Amend Resolution No. 2011 -74 - Adopting The City Of Kenai Capital Improvements Plan Priority Lists For State And Federal Funding Requests For The Fiscal Year 2013. (Clerk's Note: motion to "amend something previously adopted" is notice) Council Member Bookey MOVED to amend Resolution No. 2011 -74 by replacing a corrected Capital Improvements Plan Priority List and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING January 18, 2012 Page 6 of 11 G -4. Action /Approval - Commission /Committee Reappointments Mayor Porter recommended Susan Lovett for reappointment to the Beautification Committee. MOTION: Council Member Bookey MOVED to confirm the Mayor's reappointment of Susan Lovett to the Beautification Committee and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. Mayor Porter nominated Kenneth Peterson for the Planning & Zoning Commission vacancy. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination Kenneth Peterson to the Planning & Zoning Commission and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Council Member Molloy objected to unanimous consent. Council Member Bolye spoke in opposition of Peterson for appointment. VOTE: MOTION PASSED (Council Member Boyle and Molloy voted in opposition) G -5. Action /Approval - Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision. MOTION: Council Member Navarre MOVED to approve the Purchase and Sale Agreement between the City of Kenai and Ma & Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision. Vice -Mayor Marquis SECONDED the motion. Council and administration discussed the City financing the purchase of the property and possible issues related to the deeds. Council Member Molloy spoke in opposition of the agreement as written. KENAI CITY COUNCIL MEETING January 18, 2012 Page 7 of 1..1 MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the Purchase and Sale Agreement between the City of Kenai and Ma &, Pa Alaskan Treasures, Inc. for Lot 2, Block 1, Gusty Subdivision, to the February 1, 2012 Council meeting. Council Member Boyle SECONDED the motion. Council Member Navarre spoke in opposition of postponing approval of the agreement. VOTE ON POSTPONEMENT: MOTION PASSED (Council Member Navarre, Mayor Porter and Vice -Mayor Marquis voted in opposition) G -6. 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: MOTION PASSED UNANIMOUSLY. G -7. Action /Approval - Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G -S. *Liquor License Renewal - Country Liquor, License #1308 APPROVED BY CONSENT AGENDA. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging - Vice -Mayor Marquis reported the Council elected Mark Necessary as Chair and discussed the upcoming year's goals, objectives, and budget. Next meeting is schedule February 9, 2012. KENAI CITY COUNCIL MEETING January 18, 2012 Page 8 of 11 H -2. Airport Commission - Council Member Gabriel reported that the commission elected Henry Knackstedt as Chair and James Bielfeld as Vice - Chair. January meeting consisted of discussion and presentations on the tree removal litigation. Next meeting is scheduled February 9, 2012. H -3. Harbor Commission - no report. H -4. Library Commission - no report. 14-5. Parks and Recreation Commission - Council Member Bookey reported its January meeting will be held on the 23rd. H -6. Planning and Zoning Commission - Council Member Navarre reported the commission re- elected Jeff Twait as Chair and elected Henry Knackstedt as Vice - Chair. The January 11, 2012, meeting provided a 2011 Productivity Report reflecting the commission's work load of conducting 22 meetings and 14 work sessions and projected the same number of meetings for 2012. Next meeting is scheduled on February 22, 2012. H -7. Beautification Committee - Mayor reported there was no quorum. ITEM I: REPORT OF THE MAYOR Mayor Porter reported the following: attended the Chamber Awards Banquet and City Employee Appreciation Event; welcomed new City business, Quality Flooring. Mayor Porter requested Council consider completing the City Manager and City Attorney annual evaluation the second week in March for budgetary purposes and requested suggested dates be provided to Council at the next meeting. Mayor Porter inquired whether the City would like to continue sponsorship of the Industry Outlook Forum. MOTION: Vice -Mayor Marquis MOVED to approve the City's continued sponsorship of the Industry Outlook Forum in the amount of $500. Council Member Gabriel SECONDED the motion. Administration was directed to fmd the necessary funds. VOTE: MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING January 18, 2012 Page 9 of 11 Mayor Porter reported on an idea to have a children's coloring activity developed for distribution by the City and Council Members when providing presentations at schools or school functions. MOTION: Council Member Bookey MOVED to approve an expenditure and purchase order in the amount of $550 to Bunny Swan for the design of a children's coloring activity. Vice -Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. ITEM J: ADMINISTRATION REPORTS J -1. City Manager reported the City has had a fair amount of equipment break down during the cold weather; working with a consultant that Buccaneer has agreed to reimbursement the City in developing a condition for excavation licenses to work within the City's right -of- way's; researching small diameter piping for old water and sewer lines; looking at an independent observer on site for vibration testing. J -2. City Attorney reported she will be out of the office on Tuesday for personal matters. J -3. City Clerk extended appreciation to Council and Administration for their patience with the Clerk's office during the City's transfer of the in -house website host. Reported the Dreamweaver website software upgrade and advised that training is currently being provided by IT; commended IT for assistance during transition. Mayor Porter thanked the Clerk for implementing new roll call. Mayor Porter advised that she and the City Manager will be providing a Community Economic Report and Industrial Park Presentation at the Industry Outlook Forum. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments There were no citizens in attendance wishing to speak. KENAI CITY COUNCIL MEETING January 18, 2012 Page 10 of 11 K -2. Council Comments Council Member Navarre expressed his appreciation of the Employee Dinner Event and the opportunity to meet more City employees, enjoyed attending the Chamber of Commerce Banquet, noted the merger between the Visitor Center and Chamber of Commerce is a good thing and is looking forward to administration bringing a revised agreement before Council for review. Council Member Gabriel thanked presenters for their time. Council Member Bookey stated that he enjoyed the special entertainment at the Employee Appreciation Event and thanked Council and community for their support on Ordinance No. 2603 -03. Student Representative Daly advised that the school's Silent Desert Auction the previous evening was well attended and had many interesting pieces for auction; provided an update on school sports. Mayor Porter requested a list of proposed improvements from the school related to the skate board park; Student Representative to follow -up. Vice -Mayor Marquis advised that he met with individuals related to the Visitor Center and Chamber merger and remains skeptical with concerns and thinks the February Council meeting is too soon to review an agreement pertaining to the merger as there's still discussion which needs to take place. Council Member Molloy had no comment Council Member Boyle expressed his appreciation of the Employee Dinner Event. ITEM L: EXECUTIVE SESSION - Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and to Give Direction to Administration: 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 to Give Direction to Administration: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] and requested the attendance of the City Attorney and City Manager. Council Member Bookey SECONDED the motion. KENAI CITY COUNCIL MEETING January 18, 2012 Page 11 of 11 VOTE: MOTION PASSED UNANIMOUSLY. MOTION: Council Member Navarre MOVED to enter back into regular session at 10:02 p.m. Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: MOTION PASSED UNANIMOUSLY. Vice -Mayor Marquis advised that while in executive session Council provided direction to the City Attorney and City Manager regarding Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) L -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 10:03p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk