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Home My WebLink About2013-02-20 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 20, 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 20, 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 City Manager Koch's request to remove Resolution No. 2013 -11 — Accepting a Grant in the Amount of $200,000 from the U.S. Soccer Foundation for the Installation of a Turf Soccer /Football Field at Kenai Central High School. MOTION: Vice Mayor Marquis MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Molloy 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 — None. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. 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. (Clerk's Note: Ordinance No_ 2675 -2013 was postponed from the February 6 meeting to the February 20 meeting. Motion to approve on the floor.) 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 title and body by striking "interested party' and inserting "aggrieved person." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: City of Kenai Council Meeting Minutes Page 2 of 11 February 20, 2013 YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: " *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 2. 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). MOTION: Council Member Bookey MOVED to approve Ordinance No. 2676 -2013 and Vice Mayor Marquis 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: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Vice Mayor Marquis MOVED to approve Ordinance No. 2677 -2013 and Council Member Molloy 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: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2678 -2013 — Increasing Estimated Revenues and Appropriations by $50,000 in the Cemetery Improvements Capital Project Fund. City of Kenai Council Meeting Minutes Page 3 of 11 February 20, 2013 MOTION: Vice Mayor Marquis MOVED to approve Ordinance No. 2678 -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 reported construction would start this spring and be finished in August 2013. VOTE: YEA: Boyle, Molloy, Marquis, Navarre, Porter, Gabriel, Bookey NAY: "Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2013 -06 — Respectfully Requesting that the Alaska Board of Fisheries Meeting, Scheduled for January 29, 2014 Through February 11, 2014, to Consider Upper Cook Inlet Finfish Issues, be Held on the Central Kenai Peninsula. MOTION: Vice Mayor Marquis MOVED to approve Resolution No. 2013 -06 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 Resolution No. 2013 -06 by adding sponsorship and signatures by all council members. Council Member Boyle SECONDED the motion. Council Member Bookey requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Navarre MOVED to direct the Mayor and City Manager to create a cover letter to be distributed with the resolution. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED. 6. Resolution No. 2013 -07 — Authorizing the Police Department to Accept Ownership of a Vehicle Forfeited in a Federal Investigation. .nai council Meeting Minutes Page 4 of 11 20, 2013 MOTION: Council Member Molloy MOVED to approve Resolution No. 2013 -07 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. 7. Resolution No. 2013 -08 — Awarding a Bid for Voice Over IP Equipment to B2 Networks LLC. at a Total Cost of $70,382.60. MOTION: Council Member Bookey MOVED to approve Resolution No. 2013 -08 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. 8. Resolution No. 2013 -09 — Approving the Purchase of a Trackless MT6 with Snow Blower Attachment from Yukon Equipment Inc. for an Estimated Cost of $139,613. MOTION: Council Member Gabriel MOVED to approve Resolution No. 2013 -09 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. 9. Resolution No. 2013 -10 — Approving and Adopting Management Alternative Three for Management of Fish Waste and Other Solid Waste for the 2013 Personal Use Fishery. MOTION: Council Member Molloy MOVED to approve Resolution No. 2013 -010 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Mayor Porter opened the floor for public comment. City of Kenai Council Meeting Minutes Page 5 of 11 February 20, 2013 Linda Lemanski, Cannery Road, Kenai — Ms. Lemanski inquired about enforcement regarding alternative 3. Koch noted four more seasonal enforcement officers would be hired. Gary Stroh, Kenai — spoke against the resolution. There being no one else wishing to speak, the public hearing was closed. Council Member Molloy noted his appreciation for public comments and advised he believed alternative 3 was the best short term solution. VOTE: YEA: Boyle, Molloy NAY: Marquis, Navarre, Porter, Gabriel, Bookey "Student Representative Daly: NAY MOTION FAILED. 10. Resolution No. 2013 -11 — Accepting a Grant in the Amount of $200,000 from the U.S. Soccer Foundation for the Installation of a Turf Soccer /Football Field at Kenai Central High School. Resolution No. 2013 -11 was removed by approval of the agenda. 11. Resolution No. 2013 -12 — Authorizing a Budget Transfer within the General Fund — Non - Departmental to the City Manager's Department for Outside Legal Services for Building Code Enforcement. MOTION: Council Member Molloy MOVED to approve Resolution No. 2013 -12 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment. Mark Schrag, 312 Princess — Mr. Schrag requested Administration use their time and money wisely. There being no one else wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. E. MINUTES 1. 'Work Session Notes of February 6, 2013 (Dipnet Fishery) 2. *Regular Meeting of February 6, 2013 Meeting minutes and work session notes were approved by the consent agenda. F. UNFINISHED BUSINESS City of Kenai Council Meeting Minutes Page 6 of 11 February 20, 2013 1. Discussion /Action — City of Kenai Boards, Committees, and Commissions [Clerk's Note: At its November 21, 2012 meeting, Council directed the City Manager /CIerWAttorney to provide a work product of their review at the February 20, 2013 meeting.] MOTION: Vice Mayor Marquis MOVED to approve the extension until April 24, 2013 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified 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: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion VOTE: There being no objections, SO ORDERED. 3. Action /Approval — Special Use Permit to Buccaneer Alaska Operations, LLC for a Portion of Property Described as Township 6 North, Range 11 West, Section 33 Seward, Kenai, Alaska. MOTION: Vice Mayor Marquis MOVED to approve the Special Use Permit to Buccaneer Alaska Operations, LLC for a Portion of Property Described as Township 6 North, Range 11 West, Section 33 Seward, Kenai, Alaska and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 4. Action /Approval — Non - Objection of Liquor License Renewal(s): • D &E Investments Inc., d /b /a The Bow BPO Elk's Lodge #2425 Three Bears Alaska Inc., d /b /a Three Bears City of Kenai Council Meeting Minutes Page 7 of 11 February 20, 2013 • Peninsula Oilers Baseball Club Inc., d /b /a Peninsula Oilers Council Member Bookey stated the City of Kenai has determined that D &E Investments, Inc d /b /a The Bow, BPO Elk's Lodge #2425, Three Bears Alaska, Inc, d /b /a Three Bears, and Peninsula Oilers Baseball Club, Inc, d /b /a Peninsula Oilers had satisfied all obligations to the City and therefore the City had no objections to the renewal of their liquor licenses. 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 liquor licenses for D &E Investments, Inc d /b /a The Bow, BPO Elk's Lodge #2425, Three Bears Alaska, Inc, d /b /a Three Bears, and Peninsula Oilers Baseball Club, Inc, d /b /a Peninsula Oilers. Vice Mayor Marquis SECONDED the motion. Council Member Molloy reported a conflict of interest with the Peninsula Oilers and requested to DIVIDE THE QUESTION by voting on the Peninsula Oilers separately. VOTE ON D &E INVESTMENTS, INC D /B /A THE BOW, BPO ELK'S LODGE #2425, THREE BEARS ALASKA, INC, D /B /A THREE BEARS: MOTION PASSED UNANIMOUSLY. VOTE ON PENINSULA OILERS BASEBALL CLUB, INC., D /B /A PENINSULA OILERS: YEA: Boyle, Marquis, Navarre, Porter, Gabriel, Bookey ABSTAIN: Molloy "Student Representative Daly: YEA MOTION PASSED. 5. Discussion — Changing the Regularly Scheduled City Council Meeting Start Time from 7:00 P.M. to 6 P.M. General discussion occurred. No action was taken. BREAK: 7:59 P.M. BACK TO ORDER: 8:07 P.M. [Clerk's Note: Student Representative left the meeting during the break.] 6. Discussion /Action — Personal Use Fishery Recommendations to Administration Council Member Bookey spoke in support of Alternative No. 2. Council Member Molloy requested council representation on the Task Force when assembled and noted a refundable deposit for camping was a possibility. Council Member Boyle inquired as to the fine for littering and City Attorney Bloom noted the fine was $500. City of Kenai Council Meeting Minutes Page 8 of 11 February 20, 2013 Council Member Gabriel spoke in support of Alternative No. 2 and suggested working aggressively towards Alternative No. 5. Mayor Porter requested no camping or parking on Old Cannery Road. Vice Mayor Marquis noted Alternative No. 2 was a measured approach. [Clerk's Note: Alternatives referenced during the Personal Use Fishery discussion are Management Alternatives for the 2013 Personal Use Fishery established by City Manager Koch and outlined in memorandums dated January 7 and February 5, 2013.] 7. *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. Ordinance No. 2679 -2013 was introduced by consent agenda and public hearing scheduled on March 6, 2013. 8. *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. Ordinance No. 2680 -2013 was introduced by consent agenda and public hearing scheduled on March 6, 2013. 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 reported on the February 14 meeting; meeting summary was in the packet. 3. Harbor Commission — Council Member Molloy reported on the February 11 meeting; meeting summary was in the packet. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey noted the February 7 meeting did not have quorum. 6. Planning and Zoning Commission — Council Member Molloy reviewed the February 13 meeting, noting the commissioners did not want to move the meeting time to 6:00 p.m. 7. Beautification Committee — Mayor Porter had no report. 8. Mini -Grant Steering Committee — Mayor Porter noted the meeting summary was in the packet. City of Kenai Council Meeting Minutes Page 9 of 11 February 20, 2013 REPORT OF THE MAYOR Mayor Porter reported the following: • Attended the Kenai Industry Education Forum. • Attended Dr. Hansen's 75th birthday /501h anniversary party. ADMINISTRATION REPORTS City Manager — Koch reported he requested removal of Resolution No. 2013 -11 as it was determined the Kenai Peninsula Borough would administer the grant and noted Lt. Ross, Chief Tilly, and Airport Manager Bondurant met with him and Bob Dole from Senator Begich's staff regarding homeland security. 2. City Attorney — Bloom had no report. 3. City Clerk — Modigh had no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments Linda Lemanski, Cannery Road, Kenai — Ms. Lemanski thanked the Council for their work on the personal use fishery and recommended more support from the State. 2. Council Comments Council Member Bookey reported he would not be able to attend the February 26 work session. Council Member Gabriel thanked the public for their comments and noted the Department of Transportation had purchased a tow plow that could cover two lanes of traffic at once. Council Member Navarre gave a briefing on the Alaska Municipal League and Alaska Stand Alone Pipeline meetings he recently attended. Council Member Molloy thanked the public and thanked administration for their work on the personal use fishery alternatives. Vice Mayor Marquis reported he attended the Kenai Industry Education Forum, where he heard Jim Davidson speak; attended a Kaleidoscope School field trip to the Forget - Me -Not center; and, noted he could not attend the February 26 work session. L. EXECUTIVE SESSION — Pursuant to AS 44.62.310 (c)(4), Council May Enter into Executive Session During Discussion of Resolution No. 2013 -07, Regarding Matters Involving Consideration of Government Records that by Law are Not Subject to Public Disclosure. The Executive Session was not conducted City of Kenai Council Meeting Minutes Page 10 of 11 February 20, 2013 M. 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 8:58 p.m. Minutes prepared and submitted by: Corene 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 11 of 11 February 20, 2013