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Home My WebLink About2012-07-18 Council MinutesMINUTES KENAI CITY COUNCIL - REGULAR MEETING JULY 18, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 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 Tim Navarre Ryan Marquis, Vice -Mayor Robert Molloy Brian Gabriel comprising a quorum of the Council. Absent: Mike Boyle Also in attendance were: Terry Eubanks, Acting City Manager Krista Stearns, City Attorney Sandra Modigh, City Clerk A -3. Agenda Approval Mayor Porter read the following change(s) to the agenda: ADD TO: ITEM E - Minutes • Work Session Notes of July 10, 2012 • Regular Meeting of July 10, 2012 MOTION: Council Member Molloy MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. A -4. Consent Agenda Mayor Porter opened the floor for public comment, there being none, public comment was closed. *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 (Public comment limited to ten (10) minutes per speaker) None scheduled. ITEM C. UNSCHEDULED PUBLIC COMMENTS The following individuals addressed Council in opposition of the closure of the set gillnetting fishery in the Kenai section of the Cook Inlet and requested Council take action by sending a letter of support to the Governor and Commissioner of Fish and Game: Ken Coleman, 35565 Baranof Street, Kenai, AK MOTION: Council Member Navarre MOVED to suspend the rules to allow for additional unscheduled comments until 8 P.M. and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. MOTION: Vice Mayor - Marquis MOVED to request the Mayor write a letter to the Governor and Commissioner of Fish & Game to encourage action outside the management plan to open the set net fishery. Council Member Gabriel SECONDED the motion. City Council Meeting Minutes July 18, 2012 Page 2 VOTE ON MOTION: YEA: NAY: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. Council concurred to forward the letter of support to Kenai's legislative delegation. Unscheduled public comment continued, `following individuals addressed Council in opposition of the closure of the set gillnetting fishery in the Kenai section of the Cook Inlet and requested Council take action by sending a letter of support to the Governor and Commissioner of Fish and Game." Andy Hall, P.O. Box 60, Kasilof, AK Dustin Every, 2720 Setnet Court, Kenai, AK Paul Shadura, P.O. Box 1632, Kenai, AK Travis Every, 360 Dolchok Lane, Kenai, AK Christine Brandt, Kenai, AK Christine Monfor, Kenai, AK Chris Every, 2515 Watergate Way, Kenai, AK Greg Johnson, Kalifornsky Beach, AK Gary Horner, 36045 Reef Drive, Kenai, AK Marie Hermansen, 52890 Hermonson Drive, Kasilof, AK Council was invited to attend a rally on Friday, July 20th from 1p -3p, at the Kenai park strip regarding the fishery issue. Council Member Molloy and Gabriel offered their assistance in drafting the letter of support. Jim Butler, 1711, Kenai, AK, addressed Council and spoke in opposition of the uncontrolled fish waste from dipnetters and recommended regulations pursuant to AS 46.06.080. Council thanked those that attended and gave testimony regarding the fishery and ensured a letter of support would be sent to the Governor and Commissioner. Council concurred to take a brief recess at 8:07 P.M. Council reconvened at 8:15 P.M. City Council Meeting Minutes July 18, 2012 Page 3 ITEM D. PUBLIC HEARINGS D -1. MOTION: Ordinance No. 2639 -2012 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the Airfield Marking Improvement Project. Vice -Mayor Marquis MOVED to approve Ordinance No. 2639 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2639 -2012 by substitution Ordinance No. 2639 -2012. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE ON AMENDMENT: YEA: NAY: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: NAY: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. ITEM E. MINUTES 1. *Work Session Notes of July 10, 2012 2. *Regular Meeting of July 10, 2012 Both the July work session notes and regular meeting minutes were approved by consent agenda. ITEM F. UNFINISHED BUSINESS -- None City Council Meeting Minutes July 18, 2012 Page 4 ITEM G. NEW BUSINESS G -1. Action /Approval -- Purchase Orders Exceeding MOTION: 15,000 Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -2. Action /Approval -- Assignment of Lease Between the City of Kenai and Kenai Nikiski Pipeline, LLC to Hilcorp Alaska, LLC for an Approximately 13,037 Square Foot Area as Depicted on Tract A -1, Replat Tract "A" Kenai Spur - Airport Lease Property, North East 1/4, Section 5, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. MOTION: Council Member Bookey MOVED to approve an Assignment of Lease between the City of Kenai and Kenai Nikiski Pipeline, LLC to Hilcorp Alaska, LLC for an approximately 13,037 square foot area as depicted on Tract A -1, Replat Tract "A" Kenai Spur- Airport Lease Property, North East 1/4, Section 5, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska, and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -3. Action /Approval -- City Attorney Position Description (Clerk's Note: approval of the City Attorney Position Description was postponed from the July 10 meeting.] City Attorney Sterns provided Council an amended position description based on revisions discussed at the July 10 meeting. Council continued discussion and concurred on additional amendments to the position description as presented by the attorney. City Attorney Sterns agreed to revise the draft description with new language provided by Council. MOTION: Council Member Navarre MOVED to approve the City Attorney Position Description as amended and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. City Council Meeting Minutes July 18, 2012 Page 5 VOTE: There being no objections, SO ORDERED. D -4. Discussion -- Scheduling a City Council Work Session to Discuss and Identify Capital Project Priorities Based on Appropriations Received from the State of Alaska Council concurred to conduct a work session as requested by City Manager Koch on August 1, 2012, at 5:30 P.M., prior to the regularly scheduled meeting at 7 P.M. D -5. *Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map by Rezoning, Baron Park Subdivision Fire Addition Lots A -1- A, A -1 -B, and that Portion of Lot A -1 -B Being Utilized for a Fire Industrial /Structural Training School (Parcel #'s 04501019, 045010020, and 04501021) from Education (ED) to Light Industrial (IL). Ordinance No. 2640 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. D -6. *Ordinance No. 2641 -2012 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Park Improvements Capital Project Fund for Capital Improvements in Municipal Park. Ordinance No. 2641 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. D -7. *Ordinance No. 2642 -2012 -- Increasing Estimated Revenues and Appropriations by $61,566 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2012 Personal Use Fishery. Ordinance No. 2642 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. D -8. *Ordinance No. 2643 -2012 -- Increasing Estimated Revenues and Appropriations by $4,960 in the General Fund Parks Department for an Increase in a Previously Awarded Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery. Ordinance No. 2643 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. City Council Meeting Minutes July 18, 2012 Page 6 D -9. *Ordinance No. 2644 -2012 -- Increasing Estimated Revenues and Appropriations by $6,500.00 in the General Fund for a Library Grant. Ordinance No. 2644 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. ITEM H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging -- Vice -Mayor Marquis advised the next meeting was scheduled on August 9, 2012. 2. Airport Commission -- Council Member Gabriel reported the following from the July 12th commission meeting: ® unanimously approved Jenna Hansen's Recycled Glass Airport Project 8 discussed the 2030 Comprehensive Plan • discussed 2012 -2013 Goals & Objectives 3. Harbor Commission -- No report. 4. Library Commission -- No report. 5. Parks and Recreation Commission -- No report. 6. Planning and Zoning Commission -- Mayor Porter advised the Commission recommended Council postpone action on Ordinance No. 2597 -2011 to an undetermined date to provide time for completion of the Comprehensive Plan review. 7. Beautification Committee -- No report. ITEM I. REPORT OF THE MAYOR Mayor Porter noted she would be providing a letter of support to Clint Hall for his efforts in establishing an Assisted Living Facility within the community. ITEM J. ADMINISTRATION REPORTS J -1. City Manager A. Planning Commission Training MOTION: Council Member Navarre MOVED to approve the Planning 86 Zoning Commission's training /travel and Vice -Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. City Council Meeting Minutes July 18, 2012 Page 7 VOTE: There being no objections, SO ORDERED. B. Kenaitze Indian Tribe Health Center Council Member Molloy expressed his concern, although in favor of the project, of the City providing financing to the Kenaitze Indian Tribe for its proposed heath care facility. Finance Director Eubanks advised the City is waiting for the Tribe's proposal on how it would like to proceed and any contractual protections it would offer the City. Once received, administration will review the proposal and make a recommendation to Council. Mayor Porter noted the ground breaking event for the health center to be held on August 3, 2012, at 6 P.M. J -2. City Attorney Report • Advised of leaving time the following week. J -3. City Clerk Report • Upcoming elections and deadlines. ITEM K. ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments -- None K -2. Council Comments Council Member Navarre thanked the Mayor for State of the City presentation at the Chamber luncheon and advised he'd be attending AML Conference in Bethel in August. Council Member Gabriel thanked all individuals that attended the meeting and testified regarding the fishery issues and expressed his desire to see positive resolution for those affected. Council Member Bookey appreciated the turnout of residents on the fishery matter and thanked those for attending. Student Representative Daly had no comment. Vice -Mayor Marquis thanked the residents for attended and participated in the meeting and the Mayor for presiding. Council Member Molloy expressed his appreciation of the Mayor's presentation at the Chamber of Commerce luncheon and thanked all that attended the meeting and provided testimony. City Council Meeting Minutes July 18, 2012 Page 8 Council Member Navarre noted the need for speakers in the foyer for times when chambers exceeds its occupancy limit. ITEM 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 There being no further business before the council, the meeting was adjourned at approximately 8:55p p.m. Minutes prepared and submitted by: San ±odigh, C "C City City Counc Meeting Minutes July 18, 2012 Page 9