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Home My WebLink About2013-02-06 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 6, 2013 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 February 6, 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 "Austin Daly, Student Representative 3. Agenda Approval Ryan Marquis, Vice Mayor Tim Navarre Brian Gabriel Mayor Porter noted the City Attorney requested the Executive Session be removed from the agenda. MOTION: Council Member Molloy MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda 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. *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 1. Ken Coleman, Upper Cook Inlet Task Force — East Side Setnet Presentation Mr. Coleman showed a video of current issues affecting the East Side Setnetters. C. UNSCHEDULED PUBLIC COMMENTS Megan Smith, 705 Laura Drive — spoke in favor of suggestions made in Mr. Coleman's video. D. PUBLIC HEARINGS 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). MOTION: Council Member Bookey MOVED to approve Ordinance No. 2674 -2013 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment. Preston Williams, 2565 Watergate — inquired about proposed changes being made to code. Vice Mayor Marquis noted the changes were to clean up the language in the code to ensure accurate information with which to make decisions. Council Member Boyle spoke against the ordinance. City of Kenai Council Meeting Minutes Page 2 of 8 February 6, 2013 Council Member Bookey noted the changes would make the City code up to date. VOTE: YEA: Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: Boyle * *Student Representative Daly: YEA MOTION PASSED. 2. Ordinance No. 2675 -2013 — Amending the Kenai Municipal Code Section 14.20.300 Appeal to Superior Court, to Specify That Appeals of Board of Adjustment Decisions May Only Be Taken to the Superior Court in Kenai, Alaska by an Interested Party. MOTION: Council Member Gabriel MOVED to approve Ordinance No. 2675 -2013 and Council Member Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2675 -2013 to the next meeting (February 20, 2013) and Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: * *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1. *Work Session Notes of January 16, 2013 (Investment Report) 2. *Regular Meeting of January 16, 2013 3. *Work Session Notes of January 22, 2013 (Proposed Estuary Rehabilitation Project) Meeting minutes and work session notes were approved by the consent agenda. F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified City of Kenai Council Meeting Minutes Page 3 of 8 February 6, 2013 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 — Non - Objection of Liquor License Renewal for the Peninsula Moose Lodge #1942, License No. 2494. Council Member Bookey stated the City of Kenai has determined that Peninsula Moose Lodge #1942 has satisfied all obligations to the City and therefore the City has no objections to the renewal of Liquor License No. 2494. MOTION: Council Member Bookey MOVED to direct the City Clerk to forward a letter to the Alcoholic Beverage Control Board advising the City has no objection to the renewal of Peninsula Moose Lodge #1942 Liquor License No. 2494. Council Member Molloy SECONDED the motion. Council Members Boyle and Navarre disclosed they were members of the lodge. Mayor Porter found they had no conflict and could vote. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 3. Action /Approval — Amendment to Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 1A, FBO Subdivision, Amending the Lease in Order to Change the Purpose for Which the Lease is Issued from "Freight Facility" to "Freight Facility and Fuel Operations and Airport Support Operations." MOTION: Council Member Bookey MOVED to approve the Amendment to Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 1A, FBO Subdivision, Amending the Lease in Order to Change the Purpose for Which the Lease is Issued from "Freight Facility' to "Freight Facility and Fuel Operations and Airport Support Operations" and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 4 of 8 February 6, 2013 4. Action /Approval — Amendment to Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 2A1, FBO Subdivision, Amending the Lease in Order to Change the Purpose for Which the Lease is Issued from "Freight Facility' to "Freight Facility and Parking and Storage." MOTION: Council Member Molloy MOVED to approve the Amendment to Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 2A1, FBO Subdivision, Amending the Lease in Order to Change the Purpose for Which the Lease is Issued from "Freight Facility" to "Freight Facility and Parking and Storage' and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 5. Action /Approval — Amendment to Lease of Airport Lands between the City of Kenai and Alaskalanes, Inc. for Lot 3A, Spur Subdivision No. 1, 1983 Addition, Amending the Lease to Provide for Redetermination of the Rent, Amending the Rent Rate Adjustment Cycle, and Allowing for a Payment Schedule that Deviates from the Terms of the Lease. MOTION: Council Member Molloy MOVED to approve the Amendment to Lease of Airport Lands between the City of Kenai and Alaskalanes, Inc. for Lot 3A, Spur Subdivision No. 1, 1983 Addition, Amending the Lease to Provide for Redetermination of the Rent, Amending the Rent Rate Adjustment Cycle, and Allowing for a Payment Schedule that Deviates from the Terms of the Lease and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. Action /Approval — Mayoral Nomination and Council Confirmation of Melody Niichel to the Library Commission. MOTION: Council Member Bookey MOVED to confirm Melody Niichel to the Library Commission and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. *Ordinance No. 2676 -2013 — Increasing Estimated Revenues and Appropriations by $3,260 in the General Fund for Police Forensic Software Reimbursements from Internet Crimes Against Children (ICAC). Ordinance No. 2676 -2013 was introduced by consent agenda and public hearing scheduled on February 20, 2013. City of Kenai Council Meeting Minutes Page 5 of 8 February 6, 2013 8. *Ordinance No. 2677 -2013 — Increasing Estimated Revenues and Appropriations by $15,000 in the Council on Aging Special Revenue Fund for the Purchase of Radios to Become Compliant with Federal Communications Commission Regulations Regarding Narrow Band Radio Frequencies. Ordinance No. 2677 -2013 was introduced by consent agenda and public hearing scheduled on February 20, 2013. 9. *Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. Ordinance No. 2678 -2013 was introduced by consent agenda and public hearing scheduled on February 20, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis noted the February meeting had been cancelled and the next meeting would be March 14, 2013. 2. Airport Commission — Council Member Gabriel reported the next meeting would be February 14, 2013. 3. Harbor Commission — Council Member Molloy noted the next meeting would be February 11, 2013. 4. Library Commission — Council Member Boyle reported the commission met on February 5 and discussed non - resident fees. 5. Parks and Recreation Commission — Council Member Bookey reported the next meeting would be February 7, 2013. 6. Planning and Zoning Commission — Council Member Navarre noted the commission met on January 23; Ordinance No. 2656 -2012 would be returned to Council at its March 6 meeting suggesting no changes to current code; and, set a public hearing for February 13 on the final version of the Comprehensive Plan. 7. Beautification Committee — Mayor Porter noted the summary was in the packet. 8. Mini -Grant Steering Committee — Mayor Porter reported the committee awarded one grant with stipulations. REPORT OF THE MAYOR Mayor Porter reported the following: • She attended the Employee Appreciation Dinner. • Coffee with the Mayor was well attended. • Presented the Mayor's Award of Excellance to Tim Wisniewski at the Senior Center Volunteer Dinner. • Attended Carol Brenckle's memorial service. City of Kenai Council Meeting Minutes Page 6 of 8 February 6, 2013 • Attended the Chamber of Commerce awards banquet, where the City received the Service to Youth award. • Worked with City Manager Koch on a resolution requesting the Board of Fish hold their meeting in Kenai. J. ADMINISTRATION REPORTS 1. City Manager— Koch reported the following: • A public hearing on the final draft of the Comprehensive Plan would be at the February 13 meeting. • Suggested a work session be set through the Clerk's office regarding the Comprehensive Plan. • He would be bringing forward a resolution to amend the Capital Improvement Project list. • The City received good ratings through the Insurance Services Office. • He would miss Carol Brenckle who recently passed away. • There would be a press conference on February 8 at 3:00 p.m. regarding a grant received from the US Soccer Foundation. 2. City Attorney — Bloom had no report. 3. City Clerk — Modigh had no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None 2. Council Comments Council Member Navarre reported he attended the Chamber of Commerce Awards banquet and the Senior Connection meeting. Council Member Gabriel reported he attended the Employee Appreciation dinner and thanked Administration for their work on the dip net options. Council Member Bookey had no comments. Student Representative Daly reported the Kenai Central High School Battle of the Books team was headed for the state competition. Vice Mayor Marquis thanked the attendees of the dip net work session for their attendance and input. Council Member Molloy had no comments. Council Member Boyle thanked the public for their comments. L. EXECUTIVE SESSION — Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310 (c)(3)] — Attorney / Client Privilege Regarding Lashbrook Board of Adjustment Decision Appeal. City of Kenai Council Meeting Minutes Page 7 of 8 February 6, 2013 Executive Session was removed from agenda during approval of the agenda. M. PENDING ITEMS 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.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:12 p.m. Minutes prepared and submitted by: C LI 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 February 6, 2013