The URL can be used to link to this page

Home My WebLink About2013-01-02 Council MinutesI ITI IIaIr1117] 21. • � A Regular Meeting of the Kenai City Council was held on January 2, 2013, 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 Robert Molloy Terry Bookey Mike Boyle comprising a quorum of the Council. 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 Ryan Marquis, Vice Mayor Tim Navarre Brian Gabriel Mayor Porter noted the following items provided as laydown for inclusion in the packet: D1 -D8: Add Supporting Memo from City Manager City Manager's Report: Memo on Proposed Kenai River Estuary Rehabilitation Project MOTION: Vice Mayor Marquis MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Vice Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. `MOTE: 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 Robert Ruffner, Kenai Watershed Forum — Mr. Ruffner provided background information on efforts to rehabilitate the wetlands near the city dock. Mark Schrag, 392 Princess — Mr. Schrag reported he was not opposed to the nominations to the Planning and Zoning Commission, but noted frustration with the philosophy of the work on the Comprehensive Plan. D. PUBLIC HEARINGS 1. Ordinance No. 2658 -2012 — Amending Chapter 4.31, Fuel Gas Code, by Adopting the 2005 Edition of the International Fuel Gas Code and Making Local Amendments Including Eliminating Chapters 1 — 5 and 8 and the Appendices of that Code so that Only Chapters 6 and 7 will Apply in the City of Kenai. Trolffelim Council Member Bookey MOVED to approve Ordinance No. 2658 -2012 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: City of Kenai Council Meeting Minutes January 2, 2013 *Student Representative Daly: YEA VOTE: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2659 -2012 — Amending Chapter 4.10, International Property Maintenance Code, by Adopting the 2009 Edition of the International Property Maintenance Code and Making Local Amendments. Vice Mayor Marquis MOVED to approve Ordinance No. 2659 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. 7 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA 3. Ordinance No. 2660 -2012 — Amending Chapter 4.30, Electrical Code, by Adopting the 2011 Edition of the National Electrical Code and Making Certain Clerical Changes, Council Member Molloy MOVED to approve Ordinance No. 2660 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Navarre thanked Building Official Larry Floyd for his work on the ordinances and inquired about the date of the edition. Floyd noted the editions are on a three year cycle and need to be approved by the fire marshall first. 1 Lea iii YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA City of Kenai Councii Meeting Minutes Page 3 of 13 January 2, 2013 4. Ordinance No. 2661 -2012 — Amending Chapter 4.05, Building Code, by Adopting the 2009 Edition of the International Building Code and Making Local Amendments. a r Vice Mayor Marquis MOVED to approve Ordinance No. 2661 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. f- YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA 5. Ordinance No. 2662 -2012 — Amending Chapter 8.05, Fire Prevention Standard, by Adopting the 2009 Edition of the International Fire Code and Making Local Amendments. Vice Mayor Marquis MOVED to approve Ordinance No. 2662 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA 6. Ordinance No. 2663 -2012 — Amending Chapter 4.20, Mechanical Code, by Adopting the 2009 Edition of the International Mechanical Code and Making Local Amendments. u• • Council Member Molloy MOVED to approve Ordinance No. 2663 -2012 and Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 4 of 13 January 2, 2013 Mayor Porter opened the floor for public comment, there being none public comment was closed. UQN41 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA 7. Ordinance No, 2664 -2012 — Amending Chapter 4.32, Residential Code, by Adopting the 2009 Edition of the International Residential Code and Making Local Amendments. Vice Mayor Marquis MOVED to approve Ordinance No. 2664 -2012 and Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. t ;lGHM YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA 8. Ordinance No. 2665 -2012 — Amending Chapter 4.33, International Existing Building Code, by Adopting the 2009 Edition of the International Existing Building Code and Making Local Amendments. II � [911.7 Iii Vice Mayor Marquis MOVED to approve Ordinance No. 2665 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Gabriel thanked Floyd for the summary of changes provided in his memo and noted the summary helped him understand the ordinances better. City of Kenai Council Meeting Minutes Page 5 of 13 January 2, 2013 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA 9. Ordinance No. 2666 -2012 — Increasing Estimated Revenues and Appropriations in the Airport by $15,000 for a Professional Services Agreement to Leibowitz & Horton Airport Management Consultants Inc. to Assist in Preparing and Negotiating a New, Five -Year Airline Operating Agreement and Reviewing Landing and Ramp Fees for the Kenai Municipal Airport. IT, [01A RI k, Vice Mayor Marquis MOVED to approve Ordinance No. 2666 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Vice Mayor Marquis requested clarification. City Manager Koch reported there would be fewer changes to the agreement this time and the work was to establish rent and landing fee levels. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA • ♦ • • • 10. Ordinance No. 2667 -2012 — Decreasing Estimated Revenues and Appropriations in the Wiidwood Drive Reconstruction, Marathon Road & Willow Street Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. Ilri[00101a Council Member Bookey MOVED to approve Ordinance No. 2667 -2012 and Vice Mayor Marquis 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 6 of 13 January 2, 2013 1 • i fX 411 _.11F. Council Member Navarre MOVED to amend the third whereas by striking out "no longer a planned project" and inserting "still being researched and negotiated." Council Member Molloy SECONDED the motion. Iixt[• Y�U7 �iit• 7?1iUI��IRiti .I� ±'\trfl�l�7tr�I�iY Council Member Boyle MOVED to amend the amendment by striking out the third whereas and Vice Mayor Marquis SECONDED the motion. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA VOTE: MOTION PASSED UNANIMOUSLY. MOTION TO RECONSIDER Vice Mayor Marquis MOVED to reconsider the secondary amendment and Council Member Navarre SECONDED the motion. YEA: Boyle, Malloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA • : MOTION PASSED UNANIMOUSLY. VOTE ON r YEA: Boyle, Molloy, Navarre, Porter, Gabriel, NAY: Bookey, Marquis *Student Representative Daly: YEA [Clerk's Note: Primary amendment was not voted on as the vote on the secondary amendment deleted the entire whereas.] YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA �•� �� i L •7 � i[ •7117_i+°7' i� i t I� J� I_l . I 1" i t i f i1 ��] �' w City of Kenai Council Meeting Minutes Page 7 of 13 January 2, 2013 11. Ordinance No. 2668 -2012 — Decreasing Estimated Revenues and Appropriations in the Municipal Roadway Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. • r Vice Mayor Marquis MOVED to approve Ordinance No. 2668 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public . comment was closed. VZON 1 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA 12. Ordinance No. 2669 -2012 — Increasing Estimated Revenues and Appropriations by $2,000,000 in the General and New City Shop Capital Project Funds. Council Member Bookey MOVED to approve Ordinance No. 2669 -2012 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. UOXN YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: `Student Representative Daly: YEA It was requested to have plans for the city shop included in the January 16 packet. 13. Resolution No. 2013 -01 — Authorizing Participation in the Community Development Block Grant Program. City of Kenai Council Meeting Minutes Page 8 of 13 January 2, 2013 Vice Mayor Marquis MOVED to approve Resolution No. 2013 -01 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. E. MINUTES 1. *Work Session Notes of December 19, 2012 (FY14 CIP Review with Legislators) 2. *Work Session Notes of December 19, 2012 (REAL Project) 3. *Regular Meeting of December 19, 2012 Meeting minutes and work session notes were approved by the consent agenda. 1. Action /Approval — Confirmation of Mayoral Nominations to Appoint /Reappoint Applicants to the Planning and Zoning Commission [Clerk's Note: At the December 19, 2012 council meeting, Mayor Porter nominated Phil Bryson and Clifford Smith for reappointment to three year terms each and Brendan Shiflea to fulfill the remaining year of a vacated seat.] X • t, Council Member Marquis MOVED to confirm the Mayor's nominations to appoint/reappoint applicants to the Planning and Zoning Commission. Council Member Gabriel SECONDED the motion. Council Member Boyle MOVED to DIVIDE THE QUESTION and Council Member Molloy SECONDED the motion. YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA City of Kenai Council Meeting Minutes Page 9 of 13 January 2, 2013 Council Member Boyle asked the City Attorney if Mr. Shiflea fulfilled the residency requirements. .t • • • City Attorney Bloom stated Mr. Shiflea did fulfill the residency requirements. Council Member Boyle reported he would not support the nomination, noting a lack of diversity within the Planning and Zoning Commission membership. Council Member Molloy spoke in opposition of the confirmation. Vice Mayor Marquis spoke in favor of the confirmation. Student Representative Daly spoke in favor of the confirmation. VOTE ON CONFIRMATION OF BRENDYN SHIFLEA: YEA: Marquis, Navarre, Porter, Gabriel, Bookey NAY: Boyle, Molloy *Student Representative Daly: YEA 1. Action /Approval — Bills to be Ratified 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. *Ordinance No. 2670 -2013 — Amending Kenai Municipal Code Section 7.30.020, "Investments," to Update the Prescribed Benchmarks of the Investment Classes. Ordinance No. 2670 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. 3. *Ordinance No. 2671 -2013 — Increasing Estimated Revenues and Appropriations by $2933.52 in the General Fund — Planning Department for a Historic Preservation Fund Travel Grant. Ordinance No. 2671 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. City of Kenai Council Meeting Minutes Page 10 of 13 January 2, 2013 4. *Ordinance No. 2672 -2013 — Increasing Estimated Revenues and Appropriations by $141,052 in the General Fund — Fire Department for FY2013 Overtime in Excess of Previously Budgeted Amounts. Ordinance No. 2672 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. 5. *Ordinance No. 2673 -2013 — Increasing Estimated Revenues and Appropriations by $10,350 in the General Fund — Shop Department to Fund a Temporary Mechanic Position to Last Not More Than Two Months, Ordinance No. 2673 -2012 was introduced by consent agenda and public hearing scheduled on January 16, 2013. 01111 • r • .y. 1. Council on Aging — Vice Mayor Marquis reported the next meeting would be January 10, 2013. 2. Airport Commission — Council Member Gabriel noted the minutes from the last meeting were in the packet and the next meeting would be January 10, 2013. 3. Harbor Commission — Council Member Molloy reported there was no need for a special meeting in December and the next meeting would be January 7 at 5:00 p.m. rather than the usual time of 7:00 p.m. 4. Library Commission — Council Member Boyle noted the Library Commission would meet on January 3, 2013. 5. Parks and Recreation Commission — Council Member Bookey had no report. 6. Planning and Zoning Commission — Council Member Navarre noted the next meeting would be January 9, 2013. 7. Beautification Committee — Mayor Porter reported the next meeting would be January 8, 2013, 8. Mini -Grant Steering Committee — Mayor Porter had no report. Mayor Porter reported the following • Coffee with the Mayor would be on January 5 from 9:00 to 10:30 a.m. • City Attorney requested a Special Meeting for an Executive Session related to the Lashbrook appeal of the Board of Adjustment decision. • The Special Meeting was set for January 7, 2013 at 5:30 p.m. r • - UP0 1. City Manager — Koch reported the following: City of Kenai Council Meeting Minutes January 2, 2013 • Streets and Airport were busy with snowfall on Christmas. • To attend the Airport Commission meeting regarding leasing requirements. • Attending all commission and committee meetings with the City Clerk and City Attorney to discuss requirements, policies and changes. • Scheduled a work session for January 22, 2013 at 6:00 p.m. to discuss the Kenai River Estuary Rehabilitation Project. 2, City Attorney — Bloom reported contract deadlines suggested by Siemens would not be met. 3. City Clerk — Modigh reported she and Deputy City Clerk Hall would be attending the Laserfiche Conference from January 7 — 10 and Nancy Carver would be Temporary Deputy City Clerk during their absence. 1. Citizens Comments Robert Ruffner, 48460 Lakeside — Mr. Ruffner complimented the City on the Recreation Center and Library after recent visits with his children. Mark Schrag, 312 Princess — Mr. Schrag noted he appreciated being able to exercise his right to give public comments. 2. Council Comments Council Member Boyle thanked the public for their comments and noted the road crew was doing a great job. Council Member Molloy thanked the Planning and Zoning Commission applicants and congratulated the confirmed nominees. Vice Mayor Marquis thanked Mr. Schrag for his comments. Student Representative Daly reported school would restart on January 7 and wished everyone Happy New Year. Council Member Bookey noted fire hydrants were looking good and he attended the Kenai Performers New Year's event. Council Member Gabriel thanked the speakers and applicants for Planning and Zoning Commission. Council Member Navarre presented the Council with the Alaska Stand Alone Pipeline newsletter and noted a resolution in support of the corresponding house bill would be in the next packet. City of Kenai Council Meeting Minutes Page 12 of 13 January 2, 2013 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 [Clerk's Note: At its November 21, 2012 meeting, Council postponed Ordinance No. 2656 -2012 to the March 6, 2013 meeting and the ordinance was referred to the Planning and Zoning Commission to conduct a review and public hearings.] There being no further business before the Council, the meeting was adjourned at approximately 8:31 p.m. Minutes prepared and submitted by: r . Coterie Hall, CIVIC, 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 13 of 13 January 2, 2013