Loading...
HomeMy WebLinkAbout2012-09-05 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 5, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 5, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 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 Brian Gabriel Tim Navarre comprising a quorum of the Council. Also in attendance were: Austin Daly, Student Representative Rick Koch, City Manager Sandra Modigh, City Clerk 3. Agenda Approval Ryan Marquis, Vice -Mayor Robert Molloy Mike Boyle Mayor Porter noted the following changes to the agenda: • Moved item G -4: Action /Approval of the City Attorney Contract to L -2 after executive session. MOTION: Council Member Bookey MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Mayor Porter reported a lay -down memorandum from the City Clerk to be included in the packet accompanying agenda item E -1: Special Meeting Minutes of August 27, 2012, advising of a correction of the minutes prior to the approval of the consent agenda. MOTION: Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Vice -Mayor Marquis 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. *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. B. SCHEDULED PUBLIC COMMENTS -- None. C. UNSCHEDULED PUBLIC COMMENTS Buck Steiner, resident of Vintage Pointe Manor in Kenai, requested Council review the rents increase matter closely prior to making a decision. Mr. Steiner read into the record a letter from Shelia Phillips in opposition of Resolution 2012 -47. Barbara Seybold, resident of Vintage Pointe Manor in Kenai, spoke in opposition of Resolution No. 2012 -47. Steve Hillyer, resident of Vintage Pointe Manor in Kenai, spoke in opposition of Resolution No. 2012 -47. Joan Kirkham, resident of Vintage Pointe Manor in Kenai, thanked Council for listening to residents related to the proposed rents increase, suggested the increase in increments over a period of time systematically, and recommended the City Manger meet with the residents to discuss options. Connie Carlson, Kenai, spoke in opposition of Resolution No. 2012 -47. Lynda Smith, resident of Vintage Pointe Manor in Kenai, spoke in opposition of Resolution No. 2012 -47 and reviewed what she thought was a "padded" detail of expenses needed for the facility. City of Kenai Council Meeting Minutes Page 2 of 11 September 5, 2012 g Kellie Kelso, 117 Walker Lane, Kenai, requested Council make a decision on Resolution No. 2012 -47 and not further postpone; spoke in favor of keeping seniors in Kenai. D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 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. [Clerk's Note: At its August 1, 2012 meeting, Council amended and postponed Resolution No. 2012 -47 to the September 5, 2012 meeting, allowing administration to propose alternative methods of increased rents. Motion to approve is on the floor.] City Manager Koch requested Council postpone approval of Resolution No. 2012 -47 until the December 5, 2012 meeting to allow administration time to further research proposed rents increase options. Council Member Bookey noted postponement would defeat the resolution as all pending legislation, pursuant to KMC, is cleared from pending status in October after certification of the City election. Council Members Molloy and Boyle spoke in opposition of the resolution and Molloy advised he'd prefer to see this item back before Council as a discussion item versus legislation. Council Member Navarre and Mayor Porter agreed to vote in opposition of the current resolution with the intent and understanding of having this matter brought back before Council at a later date. Council Member Gabriel thanked all attendees from Vintage Pointe Manor for attending the meeting and thought it was important to hear the residents enjoy the living facility and want to participate in future discussions. VOTE ON MAIN MOTION (motion to approve Resolution No. 2012 -47 on the floor from 08/ 01/ 12 meeting): YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter *Student Representative Daly: NAY MOTION FAILED. City of Kenai Council Meeting Minutes Page 3 of 11 September 5, 2012 MOTION: Council Member Navarre MOVED to direct administration to continue working on Vintage Pointe Manor rents increase options to be brought back to Council during a work session. Council Member Gabriel SECONDED the motion. City Manger Koch advised his intent was to continue working on the matter by incorporating meetings with the administration from the Senior Center and residents of Vintage Pointe Manor. VOTE: YEA: Bookey, Gabriel, Navarre, Porter NAY: Boyle, Molloy, Marquis *Student Representative Daly: YEA MOTION PASSED. 2. Ordinance No. 2646 -2012 -- Increasing Estimated Revenues and Appropriations by $4,000,000 in Various Capital Improvement Project Funds for a Citywide Road and Infrastructure Improvement Grant from the State of Alaska. • Substitute Ordinance No. 2646 -2012 MOTION: Council Member Molloy MOVED to enact Substitute Ordinance No. 2646 -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: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2647 -2012 -- Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund for an Alaska State Library Grant for Library Personnel Travel. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2647 -2012 and Vice - Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 4 of 11. September 5, 2012 g Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2648 -2012 -- Amending Kenai Municipal Code Section 14.20.230, "Home Occupations," to Clarify that Appeals Regarding Home Occupation Permits Shall be Made in Accordance with KMC 14.20.290, "Appeals - Board of Adjustment," and to Make Other Technical Changes to Provide Uniformity within the Kenai Zoning Code, KMC Chapter 14.20. MOTION: Vice -Mayor Marquis MOVED to enact Ordinance No. 2648 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. Council Member Molloy thanked the Planning & Zoning Commission and administration for Ordinance No. 2648 -2012. YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2649 -2012 -- Amending the Kenai Municipal Code, Chapter 14.22, "Land Use Table," to Make Technical Corrections by Deleting Duplicative References to Certain Uses (Parking, Printing, and Charitable Institutions, Dividing Out Uses Grouped Together so They Are Separately- Listed Uses, and Adding Internal Code References. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2649 -2012 and Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. City of Kenai Council Meeting Minutes Page 5 of 11 September 5, 2012 g VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2012 -52 -- Awarding a Contract to S &H Enterprises, Inc., D /B /A Doors and Windows for the Project Entitled, "Kenai Municipal Airport Terminal Automatic Door Replacement 2012" for the Total Amount of $37,500. MOTION: Vice -Mayor Marquis MOVED to adopt Resolution No. 2012 -52 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. 7. Resolution No. 2012 -53 -- Awarding a Contract for the Erection of a 55' X 120' Soft -Sided Enclosure to Alaska Dreams, Inc. for Total Price of $39,850. MOTION: Vice -Mayor Marquis MOVED to adopt Resolution No. 2012 -53 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 and administration discussed clarification of items not outlined in the contract. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of August 15, 2012 2. *Special Meeting of August 27, 2012 Meeting minutes were approved on the consent agenda. F. UNFINISHED BUSINESS -- None City of Kenai Council Meeting Minutes Page 6 of 11 September 5, 2012 8 G. NEW BUSINESS 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. 2. 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. Administration reported on the increase to Casey Planning. VOTE: There being no objections, SO ORDERED, 3. Action /Approval -- Confirm the City Manager's Appointment of Acting City Attorney City Manager Koch appointed Cary Graves of Gilman and Associates, LLC as Acting City Attorney, effective September 6, 2012. MOTION: Council Member Molloy MOVED to confirm the City Managers appointment of the Acting City Attorney Cary Graves and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. *Ordinance No. 2650 -2012 -- Amending the Kenai Municipal Code, Section 13.30.035, "Paid Parking," to Change the Title of That Section to "Paid Parking; Parking Violations;" to Clarify What is Unlawful Parking in Paid Parking Areas; and to Authorize the City Manager to Issue Free or Reduced Cost Parking Permits. Ordinance No. 2650 -2012 was introduced on the consent agenda and public hearing scheduled on September 19, 2012. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging -- next meeting scheduled on Thursday, September 13, 2012. City of Kenai Council Meeting Minutes Page 7 of 11 September 5, 2012• 2. Airport Commission -- September meeting was cancelled. 3. Harbor Commission - next meeting schedule on Monday, September 10, 2012. 4. Library Commission -- the following was discussed at the September 4, 2012 meeting: • Goals and objectives • Winter hours • Capital Improvements • November 3, 2012 Friends Event at the Senior Center • New system to download free music 5. Parks and Recreation Commission -- Special Meeting scheduled on Thursday, September 6, 2012. Mayor Porter advised of a student representative applicant to be provided in the next meeting packet for appointment nomination and confirmation. City Manager Koch noted Beaver Loop Park would be discussed at the special meeting and that notification was sent to residents for requested participation in the meeting. 6. Planning and Zoning Commission -- the following was noted of the August 22, 2012 meeting: • Preliminary Land Use Plan for public review • Mix-Use Corridor • Comment on the Comprehensive Plan update • Approved an Assisted Living Facility Conditional Use Permit 7. Beautification Committee -- next meeting scheduled on Tuesday, September 11, 2012. I. REPORT OF THE MAYOR 1. Karen Koester Resignation from the Planning & Zoning Commission • Mayor sent letter on behalf of City expressing gratitude for services. Mayor Porter reported on the following: • Nomination of Planning & Zoning Commission member at the September 19 meeting. • Attended Love Incorporated meeting • Welcomed the Archer Drilling Group • Working with the Historical Society to purchase lumber from the deconstruction of Columbia Wards Fisheries Warehouse to build a cover for the boat at the Visitor Center • Attended the late Marilyn Dimmick funeral service City of Kenai Council Meeting Minutes Page 8 of 11 September 5, 2012 g • Participated in Industry Appreciation Day Identified the City Attorney Candidate Scott Bloom in attendance at the meeting. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Expressed Appreciation of Planning & Zoning Commission and administration for their hard work on the Comprehensive Plan Update • Update on City's Insurance Services Organization status • New Assisted Living Facility and impacts on the City's public safety services • Alaska Department of Transportation Commissioner Luiken resignation • Buccaneer well project update • Dip Net Fishery fees discussion during the next budget cycle 2. City Clerk • Update on City Election • Absentee In- Person voting begins September 17, 2012 • Corey out of the office K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) There was no one in attendance who wished to speak. 2. Council Comments Council Member Boyle had no comment. Council Member Molloy thanked former P &Z Commissioner Koester for her services to the City. Vice -Mayor Marquis had no comment. Student Representative Daly had no comment. Council Member Bookey had no comment. Council Member Gabriel had no comment. Council Member Navarre thanked Commissioner Koester for her services on the P &Z Commission; expressed thoughts and prayers for family of young man who passed at Daubenspeck Park; thanked Parks & Recreation for participation at Industry Appreciation Day. City of Kenai Council Meeting Minutes Page 9 of 11 September 5, 2012 g L. EXECUTIVE SESSION 1. Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the Public Entity and Subjects That Tend to Prejudice the Reputation and Character of Any Person - City Attorney Contract Discussion and Negotiation [AS44.62.310(c) (1) (2)] MOTION: Vice Mayor Marquis MOVED to enter into executive session regarding matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity and subjects that tend to prejudice the reputation and character of any person to discuss the city attorney contract and negotiation [AS44.62.310(c)(1)(2)], and invited Scott Bloom to participate. Council Member Bookey SECONDED the motion. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. Council entered into executive session at 8:22 p.m. Council reconvened in open session and Vice -Mayor Marquis reported the Council discussed contract negotiations for the new City Attorney in executive session. 2. Action /Approval -- City Attorney Contract [Clerk's Note: During discussion of this agenda item council may move to suspend the rules to convene in executive session pursuant to AS44.62.310(c)(1)(2)] MOTION: Vice -Mayor Marquis MOVED to set the City Attorney's salary at $120,000 and to authorize the Mayor to sign the contract as presented. Council Member Bookey SECONDED the motion. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. M. PENDING ITEMS -- None N. ADJOURNMENT City of Kenai Council Meeting Minutes Page 10 of 11 September 5, 2012 There being no further business before the Council, the meeting was adjourned at approximately 9:00 p.m. Minutes prepared and submitted by: Sa dr Modigh City Jerk *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. City of Kenai Council Meeting Minutes Page 11 of 11 September 5, 2012