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Home My WebLink About2013-03-06 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING MARCH 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 March 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 (telephonic) 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 "Austin Daly, Student Representative 3. Agenda Approval Ryan Marquis, Vice Mayor Tim Navarre Brian Gabriel Mayor Porter noted the following items to be added to the packet: • Item G.3, Protest of Liquor License, Kenai Joe's — Memo from Clerk requesting renewal of liquor license vs. protest • Item G.5, Ordinance No. 2681 -2013 — Correspondence from Laura Sievert and Gerald R. Brockman regarding the Comprehensive Plan • Information Item — Correspondence from Council Member Gabriel regarding the Upper Cook Inlet Board of Fisheries MOTION: Vice -Mayor Marquis MOVED 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: Vice -Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council Member Molloy requested introduction of Ordinance No. 2681 -2013 be removed from the consent agenda. 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. Stephanie Queen, City of Soldotna Planning & Community Development Director — Soldotna's Storefront Improvement Program Stephanie Queen provided information on the implementation and current status of Soldotna's Storefront Improvement Program. 2. Mark Schrag, Kenai Resident — Guidelines for Public Testimony Mayor Porter apologized for prematurely interrupting Mr. Schrag at the last Council meeting during his public testimony. Mark Schrag addressed Council regarding interruptions of him and other individuals during public testimony and requested the City error on the side of leniency and provide clarification of procedures for future consistency. Mayor Porter recommended the Clerk's office produce an informative flyer outlining the City's guidelines for public testimony. City of Kenai Council Meeting Minutes Page 2 of 10 March 6, 2013 C. UNSCHEDULED PUBLIC COMMENTS Brad Nyquist, KCHS Ski Coach — on behalf of the Kenai Central High School Nordic Ski Team, thanked Council and the Mayor for their continued support of the team and for providing an opportunity for the students to give back to the community and environment by participating in the beach clean -up. Special thanks to Bob Frates and staff for keeping the trails groomed. D. PUBLIC HEARINGS 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. [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. Motion to enact is on the floor.] Mayor Porter opened the floor for public hearing Clifford Smith, 319 Rodgers Road, reminded Council of testimony by State of Alaska Fish and Game advising that chickens within the City would increase bear encounters and increase the likelihood of defensive life and property shootings. Henry Knackstedt, Kenai, provided a review of testimony given at the Planning & Zoning Commission meetings and actions taken by the commission. Spoke in opposition of the ordinance. Les Bradley, 209 Float Plane Road, spoke in favor of medium size lots being able to have chickens. With no one else wishing to speak, public hearing was closed. Council Member Boyle and Molloy spoke in favor of the ordinance and Council Members Navarre and Gabriel spoke in favor of the City's current special use permit process to have chickens within City limits. Mayor Porter acknowledged Planning & Zoning and Harbor Commissioners in attendance. MOTION TO AMEND: Council Member Boyle MOVED to amend Ordinance No. 2656 -2012, section (g) by deleting the minimum setbacks of "5 "' and inserting "15' when possible" and to insert a number 1 under section (g) stating "intent to keep hens should be registered with the animal control office" and Council Member Molloy SECONDED the motion. Boyle advised the amendment addressed issues that have been discussed. City of Kenai Council Meeting Minutes Page 3 of 10 March 6, 2013 Council Member Bookey noted his intent of postponement to allow administration to make additional revisions mirroring the City's dog kennel process. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Gabriel, Bookey NAY: Porter "Student Representative Daly: YEA MOTION TO AMEND PASSED. MOTION TO POSTPONE: Council Member Bookey MOVED to postpone Ordinance No. 2656 -2012 for 90 days and direct administration to prepare a substitute ordinance using the existing kennel ordinance as a frame work for the keeping of chickens on lot sizes less than 40,000 square feet within the city of Kenai and Vice -Mayor Marquis SECONDED the motion. MOTION TO AMEND POSTPONEMENT: Council Member Boyle MOVED to amend the postponement of 90 days to 45 days and Council Member Molloy SECONDED the motion. Clarification was made that it was not the intent to have the proposed substitute ordinance reviewed by the Planning and Zoning Commission, VOTE ON AMENDMENT TO POSTPONE: YEA: Boyle, Molloy NAY: Porter, Bookey, Marquis, Navarre, Gabriel "Student Representative Daly: NAY MOTION TO AMEND FAILED. Vice Mayor Marquis spoke in favor of postponement, Navarre in opposition and City Manager Koch noted the process would be confusing. VOTE ON POSTPONEMENT: YEA: Boyle, Molloy, Marquis, Bookey NAY: Porter, Navarre, Gabriel "Student Representative Daly: NAY MOTION TO POSTPONE PASSED. 2. Ordinance No. 2679 -2013 — Increasing Estimated Revenues and Appropriations by $47,625 in the General Fund and by $30,000 in the Personal Use Fishery Capital Project Fund. City of Kenai Council Meeting Minutes Page 4 of 10 March 6, 2013 MOTION: Council Member Bookey MOVED to enact Ordinance No. 2679 -2013 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public hearing. There being no one wishing to speak, public hearing was closed. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: * *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2680 -2013 — Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Project Fund for a Personal Use Fishery Grant from the State of Alaska. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2680 -2013 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public hearing. There being no one wishing to speak, public hearing was closed. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: **Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. Council recessed from 7:58 p.m. until 8:05 p.m. E. MINUTES 1. *Regular Meeting of February 20, 2013 2. *Work Session Notes of February 26, 2013 (Draft Comprehensive Plan) 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 March 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 —Purchase Orders Exceeding $15,000 MOTION: Vice Mayor Marquis MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 3. Action /Approval — Protest of Liquor License Renewal for Applicant Roy Dale Howard, d /b /a Kenai Joe's, License No. 626 Council Member Gabriel noted that as of March 6, Roy Dale Howard had paid his delinquent utility account with the City and satisfied all obligations. MOTION: Council Member Gabriel MOVED to forward a letter to the Alcoholic Beverage Control Board advising the City has no objection to the liquor license renewal for Roy Dale Howard, d /b /a Kenai Joe's. Council Member Navarre SECONDED the motion. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 4. Discussion /Action — Schedule Additional Public Process for Public and Council on Review /Action on Draft Comprehensive Plan. Molloy advised the agenda item was requested prior to introduction of Ordinance No. 2681 -2013 to provide certainty to the public of the review and action of Council. MOTION: Council Member Molloy MOVED that additional public process for Council review and action on the draft comprehensive plan and Ordinance No. 2681 -2013 include a town hall meeting on the draft comprehensive plan using the Glaser model be followed by a Council work session to review and discuss the data assembled by administration on the comments at that meeting to be followed by a public hearing on the draft comprehensive plan also be scheduled by the Council. Council Member Boyle SECONDED the motion. City of Kenai Council Meeting Minutes Page 6 of 10 March 6, 2013 Council Member Navarre noted his intent to request additional public hearings when the ordinance was introduced. Council Member Molloy provided more detail related to his request for additional public participation and Council Member Boyle spoke in favor of the motion. Council Member Navarre commended the Planning and Zoning Commission and staff for the proposed draft comprehensive plan and the process. Council Member Gabriel and Mayor Porter spoke in opposition of redoing work the commission completed and Vice Mayor Marquis and Bookey noted additional public hearings or work sessions could be scheduled at the next meeting depending on public comments and need. Mayor Porter noted the plan would be reviewed annually and changes could be made at a later date. VOTE: YEA: Boyle, Molloy NAY: Marquis, Navarre, Porter, Gabriel, Bookey * *Student Representative Daly: NAY MOTION FAILED. *Ordinance No. 2681 -2013 — Approving and Adopting a Revised Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. [Clerk's Note: Ordinance was removed from the consent agenda during approval of the consent agenda.] MOTION: Council Member Navarre MOVED to introduce Ordinance No. 2681 -2013 and set public hearings for March 20 and April 3, 2013. Council Member Bookey SECONDED the motion. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: * *Student Representative Daly: YEA Council Member Molloy requested DIVISION OF QUESTION by voting on the April 3, 2013 public hearing date separate. City of Kenai Council Meeting Minutes March 6, 2013 Page 7 010 VOTE ON INTRODUCTION AND MARCH 20 PUBLIC HEARING: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. MOTION: Vice Mayor Marquis MOVED to suspend the rules to allow for debate on the question divided. Council Member Bookey SECONDED the motion. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. Council discussed the proposed additional hearing date. VOTE ON APRIL 3, 2013 HEARING: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis noted the next meeting would be March 14. 2. Airport Commission — Council Member Gabriel had no report. 3. Harbor Commission — Council Member Molloy reported the next meeting was March 11. 4. Library Commission — Council Member Boyle reported the March 5 meeting was cancelled, next meeting scheduled on April 2. 5. Parks and Recreation Commission — Council Member Bookey noted a work session scheduled on March 7 and advised he would not be in attendance. 6. Planning and Zoning Commission — Council Member Navarre reviewed the February 27 meeting action and discussion. City of Kenai Council Meeting Minutes Page 8 of 10 March 6, 2013 7. Beautification Committee — Mayor Porter had no report. 8. Mini -Grant Steering Committee — Mayor Porter had no report. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Congratulated Courtney Stroh on winning Boys and Girls Club Youth of the Year award for the state • Advised Coffee with the Mayor on the first Saturday of each month is growing • Presented awards at Mountain View Elementary • Spoke to Chris Story about Dip Net Fishery • Took a tour of new Utdelhoven facility • Noted appreciation of the Job Shadow event hosted by Kenai Central High School • Met with Mr. Rick Davis CEO of the Central Peninsula Hospital regarding upcoming changes • Presented awards to volunteers at the Youth Detention Center J. ADMINISTRATION REPORTS 1. City Manager— Koch reported on the following: • Noted administration is working on the FY14 budget MOTION: Council Member Gabriel MOVED to direct the City Manager to submit a letter of support to the Alaska Board of Fisheries supporting the final recommendation for proposal 249, dated February 14, 2013 of the Upper Cook Inlet Board of Fisheries Task Force. Council Member Navarre SECONDED the motion. VOTE: YEA: Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: Boyle "Student Representative Daly: YEA MOTION PASSED. Mayor Porter recommended and Council concurred to have a large ad placed in the Clarion for the upcoming Comprehensive Plan public hearings. 2. City Attorney — advised of his absence on Friday and participation in the Project Graduation Job Shadow Day. 3. City Clerk — Modigh had no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments City of Kenai Council Meeting Minutes Page 9 of 10 March 6, 2013 Mark Schrag, Kenai resident, spoke in opposition of an additional town hall meeting for the proposed draft comprehensive plan, but in favor of work sessions to allow dialog between council and residents. Don Wright, 406 Cinderella Street, spoke in opposition of continual attempts to change his neighborhood (MAPS) and agreed with Mr. Schrag, there needs to be a lot more discussion prior to approval. 2. Council Comments Council Member Boyle — no comments. Council Member Bookey — stated he participated in Job Shadow Day and thanked individuals for their testimony. Council Member Gabriel — noted cancellation of the March 14 Airport Commission meeting, thanked individuals for their testimony and thanked Council for support of the Task Force issue. Council Member Navarre — provided an update on his recent Juneau travel and lobbying efforts. Council Member Molloy — no comments. Vice Mayor Marquis — thanked all that commented at the meeting and Council for a productive meeting. Student Representative Daly — appreciated the presentation from Stephaine Queen and provided an update on school events. L. EXECUTIVE SESSION — None M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:17 p.m. Mi s prepared and submitted by Sah&W Modigh, CMC, 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 10 of 10 March 6, 2013