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Home My WebLink About2013-01-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JANUARY 16, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on January 16, 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: Rick Koch, City Manager Sandra Modigh, City Clerk Scott Bloom, City Attorney Corene Hall, Deputy City Clerk 3. Agenda Approval MOTION: Ryan Marquis, Vice Mayor Tim Navarre Brian Gabriel 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 MOTION: Council Member Molloy MOVED to approve the consent agenda 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. B. SCHEDULED PUBLIC COMMENTS — None. C. UNSCHEDULED PUBLIC COMMENTS Nathan Zorbas and Trevor Wagoner, Kenai Central High School Hockey — Spoke about the Steak Feed fundraiser they were planning for January 27, 2013 and offered tickets for sale. D. PUBLIC HEARINGS 1. Ordinance No. 2670 -2013 — Amending Kenai Municipal Code Section 7.30.020, "Investments," to Update the Prescribed Benchmarks of the Investment Classes. MOTION: Council Member Molloy MOVED to approve Ordinance No. 2670 -2013 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 expressed appreciation for the work session information relating to the ordinance. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2671 -2013 — Increasing Estimated Revenues and Appropriations by $2,933.52 in the General Fund — Planning Department for a Historic Preservation Fund Travel Grant. MOTION: Vice Mayor Marquis MOVED to approve Ordinance No. 2671 -2013 and Council Member Bookey 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 2 of 10 January 16, 2013 VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Vice Mayor Marquis MOVED to approve Ordinance No. 2672 -2013 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. City Manager Koch presented a PowerPoint presentation on the explanation of unavoidable overtime. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. 4. 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. MOTION: Vice Mayor Marquis MOVED to approve Ordinance No. 2673 -2013 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Minutes Page 3 of 10 January 16, 2013 5. Resolution No. 2013 -02 — Supporting Legislative Efforts to Construct a Natural Gas Pipeline From the North Slope to South Central Alaska. MOTION: Council Member Navarre MOVED to approve Resolution No. 2013 -02 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. MOTION TO AMEND: Council Member Navarre MOVED to amend the resolution and show support from the entire council by adding signatures of all members and Council Member Gabriel SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend the last whereas by inserting "many of before "the necessary." Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: There being no objection, SO ORDERED. It was requested the Clerk send copies of the resolution to local legislators. 6. Resolution No. 2013 -03 — Directing the City Manager to Write the Commissioner of the Alaska Department of Fish and Game on Behalf of the City Requesting That the Personal Use Fishery Not Be Expanded Past the Traditional Eighteen Hour Daily Opening. MOTION: Council Member Gabriel MOVED to approve Resolution No. 2013 -03. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes January 16, 2013 Mayor Porter opened the floor for public comment, there being none public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend the resolution and show support from the entire council by adding signatures of all members and Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: There being no objection, SO ORDERED. 7. Resolution No. 2013 -04 — Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds. MOTION: Vice Mayor Marquis MOVED to approve Resolution No. 2013 -04 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. VOTE: MOTION PASSED UNANIMOUSLY. 8. Resolution No. 2013 -05 — Rescinding Resolution 2006 -24 Which Expressed an Intent to Donate Up to 25 Acres of a 77 Acre Parcel Near Mommsen Subdivision to Frontier Community Services and Kenai Senior Connection Upon Certain Conditions. MOTION: Council Member Bookey MOVED to approve Resolution No. 2013 -05 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. Vice Mayor Marquis inquired if there were other similar items that would be coming forward. City of Kenai Council Meeting Minutes Page 5 of 10 January 16, 2013 City Manager Koch thanked the City Attorney for bringing the resolution forward and noted there could be one or two similar items. VOTE: MOTION PASSED UNANIMOUSLY. E. MINUTES 1. 'Regular Meeting of January 2, 2013 2. 'Special Meeting of January 7, 2013 3. 'Work Session Notes of January 7, 2013 (2012 Dip Net Report) Meeting minutes and work session notes were approved by the consent agenda. F. UNFINISHED BUSINESS 1. Discussion /Action — Schedule Additional Work Session on Discussion of Management Alternatives for 2013 Kenai River Dip Net Fishery. A work session was scheduled for February 6, 2013 at 5:30 p.m. G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Action /Approval — Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555. MOTION: Council Member Bookey MOVED to approve the Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. MOTION TO POSTPONE: Vice Mayor Marquis MOVED to postpone approval of the Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555 until the council had received a sub lease or transfer of lease to approve. Council Member Bookey SECONDED the motion. City of Kenai Council Meeting Minutes Page 6 of 10 January 16, 2013 VOTE ON POSTPONEMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. 3. Action /Approval — Second Amendment to Lease between the City and the State of Alaska, Department of Natural Resources, Division of Forestry for Lot 4, FBO Subdivision No. 7 as to Redetermination of the Rent. MOTION: Council Member Bookey MOVED to approve the Second Amendment to Lease between the City and the State of Alaska, Department of Natural Resources, Division of Forestry for Lot 4, FBO Subdivision No. 7 as to Redetermination of the Rent 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. 4. Action /Approval — Eighth Amendment to Lease between the City and Patrick J. Doyle and Mary J. Doyle for Lot 5, Block 1, Gusty Subdivision as to Redetermination of the Rent. MOTION: Council Member Molloy MOVED to approve the Eighth Amendment to Lease between the City and Patrick J. Doyle and Mary J. Doyle for Lot 5, Block 1, Gusty Subdivision as to Redetermination of the Rent 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. 5. Action /Approval — Ninth Amendment to Lease between the City and Schilling Rentals, LLC for Lot 1A Block 4, General Aviation Apron as to Redetermination of the Rent. MOTION: Council Member Bookey MOVED to approve the Ninth Amendment to Lease between the City and Schilling Rentals, LLC for Lot 1A Block 4, General Aviation Apron as to City of Kenai Council Meeting Minutes Page 7 of 10 January 16, 2013 Redetermination of the Rent 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. VOTE: There being no objections, SO ORDERED. 1. *Ordinance No. 2674 -2013 — Amending the Kenai Municipal Code Section 23.40.080 Retirement, to Reflect Current Retirement Options for City Employees and Removing the Five Year Working Limitation for Employees Exempted From Public Employees Retirement System (PERS). Ordinance No. 2674 -2012 was introduced by consent agenda and public hearing scheduled on February 6, 2013. 2. *Ordinance No. 2675 -2013 — Amending the Kenai Municipal 14.20.300 Appeal to Superior Court, to Specify That Appeal s Adjustment Decisions May Only Be Taken to the Superior Court in by an Interested Party. Code Section of Board of Kenai, Alaska Ordinance No. 2675 -2012 was introduced by consent agenda and public hearing scheduled on February 6, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging —Vice Mayor Marquis reported the council met on January 10 and discussed structure and duties with the City Manager and 2013 goals. 2. Airport Commission — Council Member Gabriel reported the commission met on January 10, discussed developing strategies for attracting more business and reviewed the final draft of the airport regulations. 3. Harbor Commission — Council Member Molloy reported the commission met on January 7, received information on the Board of Fisheries and worked on a resolution regarding a drift boat pullout on the lower river. 4. Library Commission — Council Member Boyle reported the commission did not meet due to lack of quorum. 5. Parks and Recreation Commission — Council Member Bookey had no report. 6. Planning and Zoning Commission — Council Member Navarre reviewed the January 9 work session regarding Ordinance No. 2656 -2012 and noted the final draft of the Comprehensive Plan would be on the next meeting's agenda. 7. Beautification Committee — City Manager Koch noted he attended the January 8 meeting and the committee discussed structure and duties for the project he is working on with the City Attorney and City Clerk. City of Kenai Council Meeting Minutes Page 8 of 10 January 16, 2013 8. Mini -Grant Steering Committee — Mayor Porter had no report. I. REPORT OF THE MAYOR Mayor Porter reported on the Employee Appreciation Dinner on February 1 and suggested council members donate door prizes if they were interested. Porter also thanked Administration for the department's monthly reports. J. ADMINISTRATION REPORTS 1. City Manager — Koch noted the City Shop plans included in the packet and that he had been in telephone contact with new and returning legislators. 2. City Attorney — Bloom reported he was exploring the possibility of hiring a temporary employee to assist with a backlog of filing. 3. City Clerk — Modigh reminded Council of the work session on Estuary Rehabilitation on January 22, 2013. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Navarre noted he preferred to see draft resolutions after work sessions rather than before. Gabriel thanked Administration for the presentation during the work session. Bookey had no comments. Marquis had no comments. Molloy noted the draft resolution was developed with the help of Robert Ruffner from the Watershed Forum and Safari International representing duck hunters. Boyle had no comments. L. EXECUTIVE SESSION — None. M. PENDING ITEMS 1. 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. City of Kenai Council Meeting Minutes Page 9 of 10 January 16, 2013 [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.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:06 p.m. Minutes prepared and submitted by: CG `C./ ��f - / I � Corene Hall, CIVIC, Deputy City Clerk City of Kenai Council Meeting Minutes Page 10 of 10 January 16, 2013