HomeMy WebLinkAbout2013-03-20 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
MARCH 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 March 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
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
Mike Boyle (arrived at 7:10 p.m.)
Mayor Porter requested the following additions to the packet:
Item I. Report of the Mayor
• Letter of Support for Peninsula Community Health Services' New Access
Point application
• FY2014 Budget Preparation Calendar
Item D -1. Ordinance No. 2681 -2013:
• Correspondence from Colleen Ward
• Correspondence from Council Member Bookey
• Correspondence from Patricia Falkenberg
MOTION:
Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS
CONSENT. Vice Mayor Marquis 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. 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.
'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
Vaughn Dosko, Kenai Peninsula Hockey Association — Mr. Dosko reported the local
Ice Hawks team recently qualified for the national tournament in Detroit, and solicited a
donation to help with travel. He noted there would be a Steak Feed on March 29 at 6:00
p.m. at the Soldotna Sports Center.
MOTION:
Council Member Navarre MOVED to approve a donation of $500 to the Kenai Peninsula
Hockey Association and Council Member Bookey SECONDED the motion.
VOTE:
YEA: Molloy, Marquis, Navarre, Porter, Bookey
NAY:
"Student Representative Daly: YEA
MOTION PASSED UNANIMOUSLY.
City of Kenai Council Meeting Minutes Page 2 of 9
March 20, 2013
Council took a brief at ease to allow the hockey team to depart the meeting.
D. PUBLIC HEARINGS
1. 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: Additional public hearing is scheduled on April 3, 2013.]
MOTION:
Council Member Bookey MOVED to approve Ordinance No. 2681 -2013 and Vice Mayor
Marquis SECONDED the motion.
Mayor Porter opened the meeting to public hearing.
Peter Hansen, 418 Rogers Road — Mr. Hansen suggested adding the conceptual
drawing of Millenium Square back into the Comprehensive Plan.
[Clerk's Note: Council Member Boyle arrived at the meeting at 7:10 p.m.]
Kelly Kelso, 408 Rogers Road — Ms. Kelso spoke against development along the
Kenai Spur Highway.
Mark Schrag, 312 Princess — Mr. Schrag noted he believed the plan needed more work
before it was approved.
Jeff Twait, 1808 Julieanna — Planning Commission Chair Twait made himself available
for any questions.
City Manager Koch reported the conceptual drawing was removed from the plan per his
request as it was too specific for the plan.
There being no one else wishing to speak, the public hearing was closed.
MOTION:
Council Member Bookey MOVED to schedule a work session for March 29 at 6:00 p.m.
to discuss the Comprehensive Plan and Council Member Molloy SECONDED the
motion.
VOTE:
YEA: Boyle, Molloy, Marquis, Navarre, Porter, Bookey
NAY:
'Student Representative Daly: YEA
MOTION PASSED UNANIMOUSLY.
City of Kenai Council Meeting Minutes Page 3 of 9
March 20, 2013
MOTION:
Council Member Bookey MOVED to postpone Ordinance No. 2681 -2013 to the April 3
meeting and Council Member Molloy SECONDED the motion.
With concurrence from Council Member Molloy, Council Member Bookey withdrew his
motion.
Council requested the City Manager, City Planner, Planning Assistant, City Attorney,
City Clerk and Planning Commission attend the work session.
Council and Administration discussed the structure and outline of the scheduled work
session agenda.
MOTION:
Council Member Navarre MOVED to postpone Ordinance No. 2681 -2013 to the April 3
meeting and Council Member Molloy SECONDED the motion.
VOTE:
YEA: Boyle, Molloy, Marquis, Navarre, Porter, Bookey
NAY:
"Student Representative Daly: YEA
MOTION PASSED UNANIMOUSLY.
2. Resolution No. 2013 -13 — Accepting a Grant Award from the State of Alaska,
Department of Environmental Conservation — Division of Water in the Amount of
$1,878,800 and Requiring a Local Match of $805,200 for a Project Entitled
"Water Transmission Mains Phase IV (MMG# 47553)."
MOTION:
Council Member Bookey MOVED to approve Resolution No. 2013 -13 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: There being no objections, SO ORDERED.
3. Resolution No. 2013 -14 — Authorizing the Purchase of a Municipal Tractor from
Craig Taylor Equipment Company for the Total Amount of $41,853.
MOTION:
Council Member Molloy MOVED to approve Resolution No. 2013 -14 and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
City of Kenai Council Meeting Minutes Page 4 of 9
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Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1: Regular Meeting of March 6, 2013
Meeting minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS — None.
G. NEW BUSINESS
1. 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.
2. Action /Approval — Fifth Amendment to Lease between the City of Kenai and
Snug Harbor Seafoods, Inc. Redetermining the Rent Effective July 1, 2013 and
Changing the Five -Year Cycle to Years Ending in Zero (0) and Five(5) for City -
Owned Lands Identified as Tract B, Kenai Tidelands Survey No. 2
MOTION:
Vice Mayor Marquis MOVED to approve the Fifth Amendment to Lease between the City
of Kenai and Snug Harbor Seafoods, Inc. Redetermining the Rent Effective July 1, 2013
and Changing the Five -Year Cycle to Years Ending in Zero (0) and Five(5) for City -
Owned Lands Identified as Tract B, Kenai Tidelands Survey No. 2 and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
3. Action /Approval — Schedule a Work Session on April 3, 2013 at 5:30 p.m. for a
Presentation and Discussion of Vintage Pointe Rents.
Council concurred to schedule a work session for April 8, 2013 at 6:00 p.m.
4. Action /Approval — Non Objection to Liquor License Renewal(s):
• Don Jose's LLC, d /b /a Don Jose's Mexican Restaurant
• George Pitsilionis, d /b /a Pizza Paradisos
• Tesoro Northstore Company, d /b /a 2 Go Mart
• Carr - Gottstein Foods Co., d /b /a Oaken Keg Spirit Shop #1808
City of Kenai Council Meeting Minutes Page 5 of 9
March 20, 2013
Vice Mayor Marquis stated the City of Kenai had determined Don Jose's LLC, d /b /a Don
Jose's Mexican Restaurant, George Pitsilionis, d /b /a Pizza Paradisos, Tesoro Northstore
Company, d /b /a 2 Go Mart, Carr - Gottstein Foods Co., d /b /a Oaken Keg Spirit Shop
#1808 had satisfied all obligations to the City and therefore the City had no objections to
the renewal of their liquor licenses.
MOTION:
Vice Mayor Marquis MOVED to direct the City Clerk to forward a letter to the Alcoholic
Beverage Control Board advising the City had no objection to the renewal of liquor
licenses for Don Jose's LLC, d /b /a Don Jose's Mexican Restaurant, George Pitsilionis,
d /b /a Pizza Paradisos, Tesoro Northstore Company, d /b /a 2 Go Mart, Carr - Gottstein
Foods Co., d /b /a Oaken Keg Spirit Shop #1808. Council Member Bookey SECONDED
the motion and requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
5. *Ordinance 2682 -2013 — Increasing Estimated Revenues and Appropriations by
$90,000 in the Airport Fund and in the Airport Improvement Capital Project Fund
for Required Maintenance at the Airport's Automated Flight Service Station
Pursuant to Terms of the Lease Agreement for the Facility with the Federal
Aviation Administration.
Ordinance No. 2682 -2013 was introduced by consent agenda and public hearing
scheduled on April 3, 2013.
6. *Ordinance 2683 -2013 — Increasing Estimated Revenues and Appropriations by
$1,087.03 in the General Fund for the Police Department to Purchase Equipment
Utilizing Asset Forfeiture Funds Provided to the City of Kenai.
Ordinance No. 2683 -2013 was introduced by consent agenda and public hearing
scheduled on April 3, 2013.
H.
1. Council on Aging — Vice Mayor Marquis reported new activities director Carol
Bannock gave a presentation at the last meeting and noted the Pie Auction on
March 22.
2. Airport Commission — No report.
3. Harbor Commission — Council Member Molloy reviewed the March 11 meeting
and noted the March 25 special meeting.
4. Library Commission — Council Member Boyle advised the next meeting would
be April 2, 2013.
City of Kenai Council Meeting Minutes Page 6 of 9
March 20, 2013
5. Parks and Recreation Commission — City Manager Koch reported the City
Clerk attended the March 7 work session and discussed responsibilities and
duties of commissions.
6. Planning and Zoning Commission — Council Member Navarre noted the March
13 meeting had been cancelled and the next meeting would be March 27.
7. Beautification Committee — Mayor Porter had no report.
8. Mini -Grant Steering Committee — Mayor Porter had no report.
REPORT OF THE MAYOR
Mayor Porter reported the following:
• Noted the Mountain View Elementary artwork on display.
• Welcomed the Board of Game to Kenai for the first time since 1992.
Attended the Visitation for Harbor Commissioner Askin's son.
Asked for permission to send a letter of support to the Peninsula
Community Health Services.
MOTION:
Vice Mayor Marquis MOVED the Mayor send a letter of support to the Peninsula
Community Health Services and Council Member Bookey SECONDED the motion.
Council Member Molloy declared a conflict of interest and noted he represented the
Peninsula Community Health Services as legal counsel. Mayor Porter ruled in foavor of
the conflict prohibiting Council Member Molloy from voting.
VOTE:
YEA: Boyle, Marquis, Navarre, Porter, Bookey
NAY:
ABSTAIN: Molloy
"Student Representative Daly: YEA
MOTION PASSED.
Council concurred to schedule a budget work session for April 8 after the
work session regarding Vintage Pointe rents.
Noted additional help would be provided by the Parks and Recreation
department during the city -wide clean up day to remove larger items.
Noted she would be attending the March for Respect and asked Student
Representative Daly to help her at the event.
J. ADMINISTRATION REPORTS
1. City Manager— City Manager Koch reported the following:
• The Daubenspeck Park Pond Hockey tournament on March 16.
City of Kenai Council Meeting Minutes Page 7 of 9
March 20, 2013
• Thanked the Parks and Recreation Department for their work during the
tournament.
• Attended the Board of Game meetings.
• The Bird Viewing sign was built and ready to hang.
2. City Attorney — City Attorney Bloom had no report.
3. City Clerk — City Clerk Modigh noted financial disclosure statements were due
April 15, 2013.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments
Mark Schrag, 312 Princess — Mr. Schrag suggested additional work sessions and
public hearings on the Comprehensive Plan if needed.
2. Council Comments
Council Member Boyle had no comments.
Council Member Molloy thanked the public for their comments.
Vice Mayor Marquis had no comments.
Student Representative Daly reported on a food drive competition between Kenai
Central High School and Soldotna High School and noted she felt the City lacked a
strong center.
Council Member Bookey thanked the public for their comments.
Council Member Navarre reported he would be in Juneau to meet with legislators.
MOTION:
Council Member Navarre MOVED the City Council support legislative funding for
sidewalks in Old Town to tie in with the Denaina Health Center. Vice Mayor Marquis
SECONDED the motion.
General discussion occurred.
MOTION TO POSTPONE:
Council Member Bookey MOVED to postpone the motion indefinitely and Vice Mayor
Marquis SECONDED the motion.
General discussion occurred.
Council Member Bookey withdrew his motion to postpone with concurrence from vice
Mayor Marquis and Council Member Navarre withdrew his motion.
City of Kenai Council Meeting Minutes Page 8 of 9
March 20, 2013
L. EXECUTIVE SESSION — None
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 March 6, 2013 meeting, Council postponed Ordinance
No. 2656 -2012 for 90 days and the ordinance was referred to administration.]
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:01
p.m.
Minutes prepared and suubb7mitted by:
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 9 of 9
March 20, 2013