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Home My WebLink About2012-11-07 Council Minutes.. A Regular Meeting of the Kenai City Council was held on November 7, 2012, in City Hall Council Chambers, Kenai, AK. Vice Mayor Marquis called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Vice Mayor Marquis led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ryan Marquis, Vice -Mayor Robert Molloy Terry Bookey Brian Gabriel Mike Boyle comprising a quorum of the Council. Absent: Mayor Pat Porter, Tim Navarre Also in attendance were: Austin Daly, Student Representative Rick Koch, City Manager Sandra Modigh, City Clerk Scott Bloom, City Attorney Corene Hall, Deputy City Clerk 3. Agenda Approval MOTION: Council Member Molloy MOVER to approve the agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. *All 'stems 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 (Public comment limited to ten (10) minutes per speaker) 1. Mary Jo Joiner for the Kenai Community Library -- The Alaska OWL (Online with Libraries) Project. Joiner gave a power point presentation on the Alaska OWL Project, including video claps of recent events. Paul Shadura, Kenai -- Mr. Shadura spoke about the seafood industry within the Kenai Peninsula Borough and requested the Council develop a resolution in support of the Borough completing an overall economic study of the seafood industry within the Borough. D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2653 -2012 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Citywide Americans With Disabilities Act (ADA) & Family Medical Leave Act (FMLA) Compliance Training for Supervisors Grant from Alaska Public Entity Insurance (APEI) Council Member Bookey MOVED to enact Ordinance No. 2653 -2012 and Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, there being none public comment was closed. City of Kenai Council Meeting Minutes Page 2 of 8 November 7, 2012 0& YEA: Boyle, Molloy, Marquis, Bookey, Gabriel NAY: *Student Representative Daly: YEA 2. Resolution No, 2012 -61 -- Adopting an Alternative Allocation Method for the FY13 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet Fisheries Management Area Council Member Bookey MOVED to approve Resolution No. 2012 -61 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, there being none public comment was closed. Council Member Boyle requested a report from Administration. City Manager Koch referred to Finance Director Eubank. Eubank reviewed the selection process, noting the chosen process was simpler and more cost effective. VOTE: There being no objections, SO ORDERED. 3. Resolution No. 2012 -62 -- Setting the Time and Place for a Public Hearing on the James Street and Kiana Lane Special Assessment District Council Member Molloy MOVED to approve Resolution No. 2012 -62 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Work Session of October 17, 2012 City of Kenai Council Meeting Minutes Page 3 of 8 November 7, 2012 2. *Regular Meeting of October 17, 2012 Meeting minutes were approved by approval of the consent agenda. D 1. Action /Approval -- Bills to be Ratified 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 $15,000 Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 3. Action /Approval -- Mayoral Nomination and Council Confirmation of Ann Sherry Bodin to the Library Commission Vice Mayor Marquis nominated Ann Sherry Bodin to the Library Commission. Council Member Bookey MOVED to confirm Ann Sherry Bodin to the Library Commission and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Discussion /Action -- As -Built Survey for Segment 2, Shqui Tsatnu Creek Trail, 5th Avenue to 4th Avenue. Council Member Molloy reviewed the information included in the packet. iii •,... • z: City of Kenai Council Meeting November 7, 2012 Council Member Molloy MOVED to direct Administration to obtain an as -built survey to locate the lot lines near the trail between Fourth and Fifth Avenues. Council Member Boyle SECONDED the motion. City Manager Koch disclosed he had previously owned the property. It was discussed to have the survey completed prior to more snow fall if possible. YEA: Boyle, Molloy, Marquis, Bookey, Gabriel NAY: *Student Representative Daly: YEA 5. *Ordinance No. 2654 -2012 -- Repealing Kenai Municipal Code Chapter 5.40, Pawnbrokers, Which Provides Licensing and Regulatory Requirements on Pawnbrokers Within the City. Ordinance was introduced by consent agenda and public hearing scheduled on November 21, 2012. 6. *Ordinance No. 2655 -2012 -- Increasing Estimated Revenues and Appropriations by $11,829 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Ordinance was introduced by consent agenda and public hearing scheduled on November 21, 2012. 7. *Ordinance No. 2656 -2012 -- Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures. Ordinance was introduced by consent agenda and public hearing scheduled on November 21, 2012. 1. Council on Aging -- Marquis noted the next meeting would be November 8, 2012. 2. Airport Commission -- Gabriel advised the November 8 meeting had been cancelled. City of Kenai Council Meeting Minutes Page 5 of S November 7, 2012 3. harbor Commission -- Molloy noted the November 12 meeting had been cancelled. 4. Library Commission -- Boyle reported on the November 6 meeting, noting the new Student Representative Katy Knackstedt was sworn in; the commission approved the Goals and Objectives and Library Collection Policy; and, requested the Mayor prepare a proclamation for Bob Peters to thank him for his years of service. S. Parks and Recreation Commission -- Bookey reported on the October meeting, noting the summer maintenance program and meeting schedule changes were discussed. 6. Planning and Zoning Commission -- Gabriel reported on the October 24 meeting, noting the work session on comments to the draft Comprehensive Plan. 7. Beautification Committee -- Parks and Recreation Director Frates had no report. Vice Mayor Marquis reported he attended a play at Triumvirate Theatre and advised he was escorting Flat Stanley from Manfred Oklahoma around town. ok • • • - 1. City Manager -- Koch reported on a recent public meeting regarding paving and street lighting in Central Heights; sent his suggestions to the Governor's budget; worked on maintaining the City's ISO (Insurance Services Organization) rating of three, which can reduce insurance premiums for commercial buildings within the City; and, suggested the possibility of a work session to discuss commissions and committees. Molloy inquired about maintenance at Vintage Pointe to which Koch reported warranty work should be completed within the next few weeks. 2. City Attorney -- Bloom reported he would be attending the Municipal Attorney's Conference in Anchorage next week. 3. City Clerk -- Modigh reported she would be attending the Alaska Association of Municipal Clerk's conference in Anchorage next week and City offices would be closed on November 12 for Veteran's Day. i �11013 4 l(iT�/1 • u la 1. Citizens Comments City of Kenai Council Meeting Minutes Page 6 of 8 November 7, 2012 Paul Shadura, Kenai -- Mr. Shadura thanked the Council for the Town Hall meeting on fisheries issues. 2. Council Comments Council Member Gabriel noted he had received a lot of feedback on the Council's support of fisheries and thanked veterans for their service. Council Member Bookey reported the Municipal Park on South Forest Drive had playground equipment being installed and noted Leif Hansen Memorial Park's lighting decorations looked great. Student Representative Daly noted Saturday was the birthday of the Marine Corp; new voters at the school were very involved; thanked veterans for their service; and, reported on the upcoming Drama Club production. Council Member Molloy thanked IT Manager Castimore and the Clerk's office staff for their help with his power point presentation; thanked Finance Director Eubank for the quarterly reports in the packet; and reported on the Friends of the Library November 3 dinner fundraiser. Council Member Boyle praised students at Kenai Central High School for their knowledge and participation in politics. Vice Mayor Marquis noted the City mourned the loss of Barry Eldridge and a proclamation would be forthcoming. L. EXECUTIVE SESSION -- Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the City (AS 44.62.310(a)(1) and Matters which by Law, Municipal Charter or Ordinance are Required to be Confidential; Discussion of Litigation Strategies with Legal Counsel within the Attorney Client Privilege (AS 44.62.310(a)(3) -- Vincent Goddard, Wild Pacific Salmon, Inc. and Fish Producers, Inc. v. City of Kenai Board of Adjustment and Cook Inlet Natural Gas Storage Alaska (CINGSA). I'MIIOCONii Council Member Bookey MOVED to convene into Executive Session Regarding Matters the immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the City (AS 44.62.310(a)(1) and Matters which by Law, Municipal Charter or Ordinance are Required to be Confidential; Discussion of Litigation Strategies with Legal Counsel within the Attorney Client Privilege (AS 44.62.310(a)(3) -- Vincent Goddard, Wild Pacific Salmon, Inc. and Fish Producers, Inc. v. City of Kenai Board of Adjustment and Cook Inlet Natural Gas Storage Alaska (CINGSA) and requested the City Attorney and City Manager attend. Council Member Molloy SECONDED the motion. City of Kenai Council Meeting Minutes Page 7 of 8 November 7, 2012 Gabriel disclosed he had business dealings with Vincent Goddard. Marquis ruled Gabriel had no conflict of interest and requested his attendance in the Executive Session. •1LI 3 Executive session convened 8:15 p.m. - 8:25 p.m. Council Member Bookey reported the Council met in Executive Session and provided direction to the City Attorney. M. PENDING ITEMS -- None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:24 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk *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 8 of 8 November 7. 2012