HomeMy WebLinkAbout2012-08-01 Council MinutesMINUTES
KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 1, 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 August 1, 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
Brian Gabriel
Ryan Marquis, Vice -Mayor
Robert Molloy
Mike Boyle
comprising a quorum of the Council.
Absent:
Tim Navarre
Also in attendance were:
Rick Koch, 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 D -2: ORDINANCE No. 2597 -2011
• Email from Janine Espy
ADD: ITEM D -10: Resolution No. 2012 -50, Honoring the Life of Mary
Louise Rasmuson.
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.
MOTION:
Council Member Bookey MOVED to approve the consent agenda as presented
and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the
motion.
VOTE: There being no objections, SO ORDERED.
ITEM B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten
(1 0) minutes per speaker)
1. Courtney Stroh, ROC the Kenai -- Fish Waste and Trash on the
Kenai Beach.
Courtney Stroh addressed Council on behalf of ROC the Kenai, in opposition of
the fish waste and trash on the Kenai beach during the dip net fishery season.
Miss Stroh requested the City take action on a final solution prior to the 2013
dip net fishery to enforce proper fish waste and camping trash disposal.
Additionally, Miss Stroh provided an overview of her and ROC the Kenai
volunteer efforts in promoting and educating individuals on preserving the
fishery and protecting the environment.
The Mayor and Council Members each thanked Miss Stroh for her continued
efforts in cleaning up the community's beaches and advised of the City's plan in
making next year's season a cleaner fishery.
ITEM C. UNSCHEDULED PUBLIC COMMENTS
Lesley Cooper, Kenai AK, addressed Council to speak in opposition of waste
left behind from the dip net fishery and requested a higher standard be set.
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August 1, 2012
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Margaret Gilman, Kenai AK, spoke in opposition of the fish waste and trash
on the beach during the dip net fishery and suggested the City fight to take
back their beach.
Jim Butler, Kenai AK, spoke in opposition of waste left on the beaches of
Kenai due to the dip netting fishery and requested the City enforce KMC Title 9
& 12 regarding littering. Mr. Butler further advised of responsibilities and
regulations pertaining to the City acting as a 3rd party collector and disposing of
waste.
Buck Steiner, Kenai AK, spoke in opposition to individuals cleaning their fish
on the beach and suggested taking them home to clean.
ITEM D. PUBLIC HEARINGS
D -1. Resolution No. 2012 -47 -- Amending its Comprehensive
Schedule of Rates, Charges, and Fees for Changes to Increase
Rents at the Vintage Pointe Senior Housing Facility.
MOTION:
Council Member Bookey MOVED to approve Resolution No. 2012 -47 and
Council Member Gabriel SECONDED the motion.
Mayor Porter opened the floor for public comment.
Joan Kirkman, resident of Vintage Pointe, spoke in opposition of the
proposed rents increase.
Steve Hillyer, resident of Vintage Pointe, spoke in opposition of the proposed
rents increase and suggested consideration of applying increases to new
residents versus all residents.
Buck Steiner, resident of Vintage Pointe, advised of the volume of turnover
within the facility and agreed it may be a good solution to apply the increase to
new residents moving in and further expressed disappointment in no other
alternatives being presented by the City.
Patricia Bravo, resident of Vintage Pointe, requested Council consider
delaying the increase until January 1, 2013, providing residents time to receive
social security cost of living increases as well as time to find alternate housing if
necessary.
Lynda Smith, resident of Vintage Pointe, spoke in opposition of the rents
increase and requested the City apply the increase to new individuals moving in
and further requested freezing the facilities savings account and middle income
rents.
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August 1, 2012
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Connie Carlson, parents are residents of Vintage Pointe, inquired as to
whether the City had researched community volunteer groups to assist in
maintenance, upkeep, and fundraisers for the facility.
Kelly Kelso, former Director of Vintage Pointe, spoke in opposition of the
increase and recommended a smaller dollar amount increase.
Mayor Porter closed public comments.
MOTION TO AMEND:
Council Member Bookey MOVED to amend the effective date to be reflected as
January 1, 2013. Vice -Mayor Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA:
NAY:
Bookey, Boyle, Gabriel, Molloy, Marquis, Porter
MOTION TO AMEND PASSED UNANIMOUSLY.
Council Member Molloy thanked residents of Vintage Pointe for their testimony
and spoke in favor of the extension but in opposition of the increase as
presented.
Vice -Mayor Marquis spoke in opposition of the resolution as presented and
recommended increases through attrition. Postponement of the resolution was
suggested.
Council Member Boyle spoke in opposition of the resolution and postponement
of such.
Council Member Gabriel spoke in support of postponement.
MOTION TO POSTPONE:
Vice -Mayor Marquis MOVED to postpone Resolution No. 2012 -47 until the
September 5, 2012, City Council Meeting. Council Member Bookey SECONDED
the motion.
VOTE ON POSTPONEMENT:
YEA: Bookey, Gabriel, Marquis, Porter
NAY: Boyle, Molloy
MOTION TO POSTPONE PASSED.
Council recessed from 8:15 p.m. to 8:25 p.m.
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August 1, 2012
Page 4 of 12
D -2. 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. Motion to approve is on the floor.]
Mayor porter read into the record comments from Janine Espy in opposition to
Ordinance No. 2597 -2011.
Mayor Porter read into the record comments from Colleen Ward in opposition of
Ordinance No. 2597 -2011.
Mayor Porter opened the floor for public comment.
Laura Ceaver, Kenai AK, spoke in opposition of the ordinance and requested
more community education and input.
Pat Falkenberg, Kenai AK, spoke in opposition of Ordinance 2597 -2011 and
noted there hasn't been enough community input. Requested Council move
forward and not further postpone.
Kelly Kelso, Kenai AK, reiterated the need for Council to vote the ordinance
down and make this process more clear for the citizens. Noted the
neighborhood does not want to be commercialized.
Mayor Porter closed public comments.
Council Member Molloy spoke in opposition of the ordinance and advised he
would not be voting in favor of adoption. Molloy noted the ordinance was no
longer valid as changes had been made and further recommended notice to
property owners for all work sessions and meeting for public input
Council Member Gabriel concurred with Council Member Molloy's comments
regarding the changes which were not reflected in the ordinance presented.
City Planner Kebschull advised that a substitute ordinance outlining the
changes was not requested.
Council Member Gabriel noted the amount of work that went into the ordinance
and wanted to ensure it was used as a guide in the future.
City Planner Kebschull requested Council postpone the ordinance as
recommended by the Planning Commission instead of voting it down.
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August 1, 2012
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VOTE ON MOTION:
YEA:
NAY: Bookey, Boyle, Gabriel, Molloy, Marquis, Porter
MOTION FAILED.
D -3. 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).
MOTION:
Council Member Bookey MOVED to approve Ordinance No. 2640 -2012 and
Vice -Mayor Marquis SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none, public
comment was closed.
Council Member Gabriel requested the Daubenspeck parcel be rezoned as
recreational.
Council Member Boyle spoke in opposition of the ordinance
Council Member Molloy shared his concerns and noted that he'd like to see the
proposed subdivision plat approved first.
Council and administration further discussed the timeline of the proposed plat
and construction.
VOTE ON MOTION:
YEA: Bookey, Gabriel, Molloy, Marquis, Porter
NAY: Boyle
MOTION PASSED.
D -4. 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.
MOTION:
Vice -Mayor Marquis MOVED to approve Ordinance No. 2641 -2012 and Council
Member Bookey SECONDED the motion.
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Mayor Porter opened the floor for public comment, there being none, public
comment was closed.
VOTE ON MOTION:
YEA:
NAY:
Bookey, Boyle, Gabriel, Molloy, Marquis, Porter
MOTION PASSED UNANIMOUSLY.
D -5. 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.
MOTION:
Council Member Molloy MOVED to approve Ordinance No. 2642 -2012 and Vice -
Mayor Marquis SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none, public
comment was closed.
VOTE ON MOTION:
YEA:
NAY:
Bookey, Boyle, Gabriel, Molloy, Marquis, Porter
MOTION PASSED UNANIMOUSLY.
D -6. 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.
MOTION:
Vice -Mayor Marquis MOVED to approve Ordinance No. 2643 -2012 and Council
Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none, public
comment was closed.
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August 1, 2012
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VOTE ON MOTION:
YEA:
NAY:
Bookey, Boyle, Gabriel, Molloy, Marquis, Porter
MOTION PASSED UNANIMOUSLY.
D -7. Ordinance No. 2644 -2012 -- Increasing Estimated Revenues and
Appropriations by $6,500.00 in the General Fund for a Library
Grant.
MOTION:
Vice -Mayor Marquis MOVED to approve Ordinance No. 2644 -2012 and Council
Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none, public
comment was closed.
VOTE ON MOTION:
YEA:
NAY:
Bookey, Boyle, Gabriel, Molloy, Marquis, Porter
MOTION PASSED UNANIMOUSLY.
D -8. Resolution No. 2012 -48 -- Declaring Equipment, Supplies, and
Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai
Municipal Code 7.15.070.
MOTION:
Vice -Mayor Marquis MOVED to approve Resolution No. 2012 -48 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 -9. Resolution No. 2012 -49 -- Awarding a Contract to Alaska
Roadbuilders, Inc. for Improvements to the Kenai Spur Highway
Pedestrian Pathway for an Amount Not -to- Exceed $100,000.
MOTION:
Vice -Mayor Marquis MOVED to approve Resolution No. 2012 -49 and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
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Mayor Porter opened the floor for public comment, there being none, public
comment was closed.
Council Member Gabriel disclosed his affiliation with the State of Alaska
Department of Transportation; a conflict of interest was not declared.
VOTE: There being no objections, SO ORDERED.
D -10. Resolution No. 2012 -50 -- Honoring the Life of Mary Louise
Rasmuson and Her Contributions to the Citizens of the City of
Kenai, the Kenai Peninsula, and the State of Alaska.
MOTION:
Council Member Bookey MOVED to approve Resolution No. 2012 -50 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.
Mayor Porter thanked administration for drafting the resolution and requested
the names of all the Council Members be added to the "suggested by" section.
City Manager Koch noted Mary Louise was a dynamic individual and provided a
recap of her accomplishments and of the Rasmuson contributions to the City
and State.
VOTE: There being no objections, SO ORDERED.
ITEM E. MINUTES
1. *Regular Meeting of July 18, 2012
Meeting minutes were approved by consent agenda.
ITEM F. UNFINISHED BUSINESS -- None
ITEM G. NEW BUSINESS
G -1. Action /Approval -- Bills to be Ratified
MOTION:
Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS
CONSENT. Vice -Mayor Marquis SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
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August 1, 2012
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G -2. Action /Approval -- Lease for Office Space Between the City of
Kenai and Homer Electric Association, Inc. and its Affiliate Alaska
Electric and Energy Cooperative for a Portion of the Second Floor
of a Structure Known as "The Beacon Building" and Situated in
the City of Kenai, Alaska and Consisting of Approximately
3,182.35 Square Feet.
MOTION:
Council Member Bookey MOVED to approve the lease for office space between
the City of Kenai and Homer Electric Association, Inc. and its affiliate Alaska
Electric and Energy Cooperative and requested UNANIMOUS CONSENT. Vice -
Mayor Marquis SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
G -3. Action /Approval -- Rejection of Bids for the Kenai Municipal
Airport Obstruction Tree Removal Project.
MOTION:
Vice -Mayor Marquis MOVED to reject the bids for the Kenai Municipal Airport
Obstruction Tree Removal Project and requested UNANIMOUS CONSENT.
Council Member Gabriel SECONDED the motion.
Council and administration discussed the timeline for the project and noted a
new deadline will need to be established.
VOTE: There being no objections, SO ORDERED.
G -4. *Ordinance No. 2645 -2012 -- Increasing Estimated Revenues
and Appropriations by S5,000 in the Senior Citizen Fund for a
Donation Received from Marathon Oil.
Ordinance No. 2645 -2012 was introduced on the consent agenda. Public
hearing is scheduled on August 15, 2012.
ITEM H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging -- Vice -Mayor Marquis advised the August meeting was
cancelled.
2. Airport Commission -- No report.
3. Harbor Commission -- August meeting was cancelled.
4. Library Commission -- Meeting is scheduled on Tuesday, August 7.
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August 1, 2012
Page 10 of 12
5. Parks and Recreation Commission -- August meeting was cancelled.
6. Planning and Zoning Commission -- No report.
7. Beautification Committee -- No report.
ITEM I. REPORT OF THE MAYOR
Mayor Porter reported the following:
• Attended the Borough's Sister City Event
• Participated in the ground breaking ceremony for the Radiation
Oncology Department at the hospital
• Welcomed new businesses: Better Bodies & the Main Street Hotel
• Advised of the amount of contacts received regarding the set net & d
net fisheries
• Increased number of calls related to on- street parking
• Dale Backuit retirement party and parting gift
ITEM J. ADMINISTRATION REPORTS
J -1.
City Manager reported on the following:
• Update on personal use fishery and commended staff
• New storage of dip net equipment
• Out of office on August 10
• State Municipal Matching Grant applications
• New HR office
• Update on water treatment project
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Vice -Mayor Marquis requested a press release or community mail -out to advise
of the City's improved water.
J -2. City Attorney -- No report.
J -3. City Clerk Report
• Candidate nominating petitions and filing period
• Meeks Bridge Dedication
ITEM K. ADDITIONAL PUBLIC COMMENT
K -1. Citizens Comments -- None
K -2. Council Comments
Council Member Gabriel thanked all individuals that attended the meeting
and expressed his desire to see a positive resolution to the dip net fishery
issues.
City Council Meeting Minutes.
August 1, 2012
Page 11 of 12
Council Member Bookey congratulated Dale on his retirement, thanked all
residents that attended the meeting, and agreed it's time to review the
policies /procedures for the dip net fishery.
Vice -Mayor Marquis agreed with Council Member Bookey and Gabriel's
comments.
Council Member Molloy agreed with previous comments made by council
members and stated additional resources and staff will be needed for to provide
more enforcement on our beaches.
Council Member Boyle concurred with council member comments made
regarding the personal use fishery but noted the positive aspect of the fishery
for the City; thanked the City Manager and staff for their efforts in improving
the City's water; requested more funds be allocated to the Central Heights
Neighborhood Project to not only improve issues but eliminate them.
Mayor Porter advised she and City Manager Koch will be attending a meeting
with representative from Alaska Department of Fish and Game to discuss the
City's dip net fishery concerns.
City Manager Koch noted that raising fees for the personal use fishery is an
option to assist in the purchase of dumpsters and other equipment to aid in
eliminating issues.
ITEM L. EXECUTIVE SESSION -- None
ITEM M. PENDING ITEMS -- None
ITEM N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned
at approximately 9:43p p.m.
Minutes prepared and submitted by:
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Sanijvlodigh, CM ,
City Clerk
City Counc
Meeting Minutes
August 1, 2012
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