HomeMy WebLinkAbout2013-04-03 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
APRIL 3, 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 April 3, 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
3. Agenda Approval
Ryan Marquis, Vice Mayor
Tim Navarre
Brian Gabriel
Mayor Porter noted the following additions to the packet:
Item D -1 Ordinance No. 2681 -2013:
• Correspondence from Curt Wilcox
• Correspondence from Janie Espy
• Correspondence from Gary Liepitz
• Correspondence from Richard & Kellie Kelso
• Correspondence from Council Member Gabriel
• Correspondence from Council Member Molloy
• Correspondence from Greg Anderson
• Correspondence from Kristine Schmidt
Item D -4 Resolution No. 2013 -15:
• Substitute Resolution No. 2013 -15
MOTION:
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:
Vice Mayor Marquis MOVED to approve the consent agenda 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.
*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
Dacia Shire, 507 Kenai Avenue, and other members of the Peninsula Midnight Sun
Volleyball Club addressed Council requesting a donation in the amount of $275 to assist
team members in travel expenses to participate in a tournament in Phoenix, AZ.
D. PUBLIC HEARINGS
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: At its March 20, 2013 meeting council postponed
Ordinance No. 2681 -2013 to allow for an additional public hearing; a motion to
enact is on the floor.]
Mayor Porter opened the floor for public hearing.
Laura Sievert, 3329 Beaver Loop, spoke in opposition of Plan as proposed noting
the community's comments have not been taken seriously.
City of Kenai Council Meeting Minutes Page 2 of 20
April 3, 2013
Greg Anderson, 111 Angler Drive, spoke in opposition of the proposed Mixed Use
classification of Angler Drive.
Clifford Smith, 319 Rogers Road, spoke in favor of the Plan as proposed.
Mark Schrag, 312 Princess Street, spoke in opposition of the Plan as proposed
and advocated for postponement and additional public hearings.
Henry Knackstedt, 1602 Barbara Drive, spoke in favor of the Comprehensive Plan
as proposed and in support of reinstating the Millennium Square sketch in the
appendices.
Crista Cady, Peninsula Borough Planner, advised the Borough Planning
Department supports maintaining the current Walker Lane buffer strip.
Gary Hinkle, P.O. Box 322, Soldotna, spoke in opposition of single family homes
on the highway and proposed Mixed Commercial classification as a minimum.
Christine Hutchison, 281 Juliussen Street, spoke in opposition of Mixed Use
classification on Beaver Loop and recommended voting on any proposed changes or
approval at a later date.
Kristine Schmidt, 513 Ash Avenue, spoke in opposition to the Mixed Use
classification on the highway and K -Beach Road noting reclassification being the first
step of a rezoning process and further stated the current Conditional Use Permit
process works fine.
Colleen Ward, 708 Magic Avenue, noted significant changes from the 2003
comprehensive plan which were not needed.
Council recessed from 7:44 p.m. until 7:54 p.m.
Council discussed the adoption process of the Plan and moving forward with proposed
amendments.
MOTION TO AMEND:
Vice Mayor Marquis MOVED to amend the proposed Comprehensive Plan on page 62,
Section 5.3.3 Business District, by striking out the sentence, "Although there is a public
perception that there are many vacant buildings, there are actually very few buildings
that are vacant in the business district." Council Member Bookey SECONDED the
motion.
VOTE TO AMEND:
YEA: Molloy, Marquis, Navarre, Porter, Bookey, Gabriel
NAY:
AMENDMENT PASSED UNANIMOUSLY.
City of Kenai Council Meeting Minutes Page 3 of 20
April 3, 2013
MOTION TO AMEND:
Council Member Gabriel MOVED to amend the proposed Comprehensive Plan on page
52, Map 7 Future Land Use Plan, by striking the Mixed Use classification along Angler
Drive and inserting Rural Residential classification. Council Member Bookey
SECONDED the motion.
VOTE TO AMEND:
YEA: Molloy, Marquis, Navarre, Porter, Bookey, Gabriel
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
53, Section 5.2 Zoning Status, by inserting the words, "and consider amendments to the
land use tables for residential zones other than Rural Residential 1 in order to protect
those other neighborhoods against incompatible land uses and support residential
development." after the words, "zoning district' at the end of the second to last sentence.
Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Navarre, Porter, Bookey, Gabriel
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Bookey MOVED to amend the proposed Comprehensive Plan on page
52, Map 7. Future Land Use Plan, by striking the Commercial classification bordered by
Walker Lane, Tern Avenue and Spur Highway inserting Parks, Recreation & Open
Space classification. Vice Mayor Marquis SECONDED the motion.
MOTION TO AMEND THE AMENDMENT:
Vice Mayor Marquis MOVED to amend the amendment by removing a section from the
Access Easement to the Spur Highway from the amendment, to remain as Commercial
classification. Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT TO THE AMENDMENT:
YEA: Molloy, Marquis, Navarre, Porter, Bookey, Gabriel
NAY:
AMENDMENT TO THE AMENDMENT PASSED UNANIMOUSLY.
City of Kenai Council Meeting Minutes Page 4 of 20
April 3, 2013
MOTION TO AMEND THE AMENDMENT:
Council Member Navarre MOVED to amend the amendment by striking out the words
"Parks, Recreation & Open Space" and inserting "Suburban Residential." Council
Member Gabriel SECONDED the motion.
VOTE ON AMENDMENT TO THE AMENDMENT:
YEA: Navarre
NAY: Molloy, Marquis, Porter, Bookey, Gabriel
AMENDMENT TO THE AMENDMENT FAILED.
VOTE ON MAIN AMENDMENT AS AMENDED:
YEA: Navarre, Molloy, Marquis, Porter, Bookey, Gabriel
NAY:
AMENDMENT AS AMENDED PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Navarre MOVED to amend the proposed Comprehensive Plan on page
62, Section 5.3.3 Business District, by inserting "(See Appendix C)" at the end of the last
sentence; to change the current Appendix C to Appendix D; to title the Appendix C as,
"Kenai Economic Development Strategy's Conceptual Drawing for Millennium Square"
and inserting the Millennium conceptual drawing as large as possible; inserting a foot
note to Appendix C to read "this drawing is only an example of how the area could be
developed using a Mixed Use concept; ie. Shops, hotel, convention center, parks,
cultural site, etc." Council Member Gabriel SECONDED the motion.
MOTION TO AMEND THE AMENDMENT:
Council Member Molloy MOVED to amend the amendment by revising the last sentence
on page 62 to be reflected as follows, "The Kenai Economic Development Strategy
(KEDS Committee) developed one vision of the future development of Millennium
Square as shown in the artist's conceptual drawing (Appendix C)." Vice Mayor Marquis
SECONDED the motion.
VOTE TO AMEND THE AMENDMENT:
YEA: Molloy, Marquis, Navarre, Bookey, Gabriel
NAY: Porter
AMENDMENT TO THE AMENDMENT PASSED.
City of Kenai Council Meeting Minutes Page 5 of 20
April 3, 2013
VOTE ON MAIN AMENDMENT AS AMENDED:
YEA: Molloy, Marquis, Navarre, Bookey, Gabriel, Porter
NAY:
AMENDMENT AS AMENDED PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Bookey MOVED to amend the proposed Comprehensive Plan on page
52, Map 7. Future Land Use Map, by modifying the proposed classification of the areas
of the Spur Highway corridor from Princess Street to Highbush Lane from Mixed Use to
Suburban Residential. Council Member Molloy SECONDED the motion.
MOTION TO AMEND THE AMENDMENT:
Council Member Gabriel MOVED to amend the amendment by striking out "Highbush
Lane" and inserting "McCollum/Tinker." Council Member Bookey SECONDED the
motion.
VOTE TO AMEND THE AMENDMENT:
YEA: Porter, Marquis, Navarre, Gabriel
NAY: Molloy, Bookey
AMENDMENT TO THE AMENDMENT PASSED.
VOTE ON MAIN AMENDMENT AS AMENDED:
YEA: Molloy, Marquis, Navarre, Gabriel, Porter, Bookey
NAY:
AMENDMENT AS AMENDED PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Bookey MOVED to amend the proposed Comprehensive Plan on page
53, Map 7. Future Land Use Map, by modifying the proposed classification of the area
bordered by Walker Lane, Rodgers Road, Lawton Drive and the Spur Highway from
Mixed Use to Parks, Recreation & Open Space. Council Member Molloy SECONDED
the motion.
VOTE ON AMENDMENT:
YEA: Molloy
NAY: Marquis, Navarre, Porter, Bookey, Gabriel
AMENDMENT FAILED.
City of Kenai Council Meeting Minutes Page 6 of 20
April 3, 2013
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
72, Table 17: Goal 1, Objective 1, by inserting an additional fifth strategy to read "Attract
post- secondary education providers to establish programs in Kenai, e.g. vocational,
information technology, and other technical programs. "; place priority as "Medium." Vice
Mayor Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Navarre, Gabriel, Porter, Bookey
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
74, Table 17: Goal 1, Objective 6, Strategy 3, by amending the priority from Medium to
be reflected as "High." Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Navarre, Gabriel, Porter, Bookey
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
74, Table 17: Goal 1, by inserting "Objective 9 — Support the residential character of
neighborhoods in residential zones." Vice Mayor Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Bookey
NAY: Navarre, Gabriel, Porter
AMENDMENT FAILED.
MOTION TO AMEND:
Council Member Bookey MOVED to amend the proposed Comprehensive Plan on page
76, Table 18: Goal 2, Objective 9, Strategy 5, by striking the word "to" after the word
"alternatives" and inserting the word "for" in its place, striking the words "city- funded"
prior to the word "convention ". Vice Mayor Marquis SECONDED the motion.
City of Kenai Council Meeting Minutes Page 7 of 20
April 3, 2013
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Bookey, Navarre, Gabriel, Porter
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
74, Table 17: Goal 1, by inserting "Objective 9 - Provide a wide variety of opportunities
for the public to participate in public policy decision - making." Vice Mayor Marquis
SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Bookey, Gabriel
NAY: Porter, Navarre
AMENDMENT PASSED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
74, Table 17: Goal 1, Objective 9, by inserting "Strategy 1 — Utilize more Town Hall
meetings and interactive work sessions'; insert "High" priority. Vice Mayor Marquis
SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Bookey, Gabriel
NAY: Porter, Navarre
AMENDMENT PASSED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
74, Table 17: Goal 1, Objective 9, by inserting "Strategy 2 — Upgrade City website and
its tools for disseminating information and obtaining input from the public." Vice Mayor
Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Marquis, Bookey, Gabriel, Porter, Navarre
NAY:
AMENDMENT PASSED UNANIMOUSLY.
City of Kenai Council Meeting Minutes Page 8 of 20
April 3, 2013
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
74, Table 17: Goal 1, Objective 9, by inserting "Strategy 3 — Consider establishment of
an advisory community council system for neighborhoods." Council Member Bookey
SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey
NAY: Gabriel, Porter, Navarre, Marquis
AMENDMENT FAILED.
Council took a brief at ease from 9:06 p.m. until 9:14 p.m.
MOTION TO POSTPONE:
Council Member Bookey MOVED to postpone Ordinance 2682 -2013 to the next meeting
for discussion and possible amendments. Vice Mayor Marquis SECONDED the motion.
VOTE ON POSTPONEMENT:
YEA: Molloy, Bookey, Marquis
NAY: Gabriel, Porter, Navarre
POSTPONEMENT FAILED.
MOTION:
Vice Mayor Marquis MOVED to hold a public hearing on Ordinance 2682 -2013 at the
next council meeting. Council Member Bookey SECONDED the motion.
VOTE ON MOTION:
YEA: Molloy, Bookey, Marquis
NAY: Gabriel, Porter, Navarre
MOTION FAILED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
76, Table 18: Goal 2, Objective 10, by inserting "Strategy 3 — Amend code on long -term
leases of property in airport reserve to attract more investment and development. "; insert
"High" priority. Council Member Gabriel SECONDED the motion.
City of Kenai Council Meeting Minutes Page 9 of 20
April 3, 2013
MOTION TO AMEND THE AMENDMENT:
Council Member Navarre MOVED to amend the amendment by inserting the words
"consider to" at the beginning of the sentence.
Due to a lack of a second the amendment to the amendment was not considered.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Gabriel, Porter, Navarre, Marquis
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
77, Table 18: Goal 2, Objective 11, Strategy 5 to be reflected as "capitalize on the
tourism industry by marketing Kenai as a destination for recreational activities,
conventions, festivals, and arts, cultural and other events. "; revised priority from Medium
to "High ". Vice Mayor Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Gabriel, Porter, Navarre, Marquis
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
80, Table 19: Goal 3, Objective 12, Strategy 2, by inserting the words "of City -owned
property" prior to the words "as needed "; amend the priority to be reflected as "Medium ".
Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis
NAY: Gabriel, Porter, Navarre
AMENDMENT FAILED.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend the proposed Comprehensive Plan on page
76, Table 18: Goal 2, Objective 9, Strategy 3, by amending the priority to be reflected as
"High ". Vice Mayor Marquis SECONDED the motion.
City of Kenai Council Meeting Minutes Page 10 of 20
April 3, 2013
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Navarre MOVED to amend the proposed Comprehensive Plan on page
81, Table 19: Goal 3, Objective 15, Strategy 3, by reflecting the sentence to read as
"Develop strategies to market area as prime waterfront location for a convention center,
hotel or restaurant area, etc." Council Member Gabriel SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend the proposed Comprehensive Plan on page
81, Table 19: Goal 3, Objective 13, by striking out "Strategy 2- Monitor Conditional Use
Permits on Angler Drive to determine if land use along Angler Drive should be
reclassified on the future land use map." Council Member Bookey SECONDED the
motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter
NAY: Navarre
AMENDMENT PASSED.
MOTION TO AMEND:
Vice Mayor Marquis MOVED to amend the proposed Comprehensive Plan on page 80,
Table 19: Goal 3, by changing the priority to be reflected as "Medium." Council Member
Bookey SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT PASSED UNANIMOUSLY.
City of Kenai Council Meeting Minutes Page 11 of 20
April 3, 2013
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
80, Table 19: Goal 3, Objective 15, Strategy 3, by dividing it into two separate strategies:
1) Review the Land use table for residential zoning districts other than Rural residential 1
in order to protect those other neighborhoods against incompatible land uses and
support residential development; priority — High; 2) Review the Land Use table for
zoning districts other than residential to ensure land uses are compatible with the intent
of the other zoning districts; priority — Medium. Council Member Bookey SECONDED
the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
80, Table 19: Goal 3, Objective 12, by striking out "Strategy 4 Review incompatible uses
in zones." Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter
NAY: Navarre
AMENDMENT PASSED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
80, Table 19: Goal 3, Objective 12, Strategy 8, by substituting the word "could" for
'.should" following the words "areas that." Vice Mayor Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
83, Table 30: Goal 4, Objective 16, Strategy 9, by amending the priority to be reflected
as "High." Vice Mayor Marquis SECONDED the motion.
City of Kenai Council Meeting Minutes Page 12 of 20
April 3, 2013
VOTE ON AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT PASSED UNANIMOUSLY.
Council took a brief at ease.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the proposed Comprehensive Plan on page
93, Table 24: Goal 8, Objective 26, by inserting the word "beaches' after Kenai River.
Council Member Gabriel SECONDED the motion.
MOTION TO AMEND THE AMENDMENT:
Council Member Molloy MOVED to amend the amendment by substituting the word
"tidelands" for "beaches." Council Member Gabriel SECONDED the motion.
VOTE ON AMENDMENT TO THE AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT TO THE AMENDMENT PASSED UNANIMOUSLY.
MOTION TO RESCIND:
Council Member Molloy MOVED to rescind the amendment to the amendment. Vice
Mayor Marquis SECONDED the motion.
VOTE ON MOTION TO RESCIND:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter
NAY: Navarre
RESCINDMENT PASSED.
MOTION TO AMEND THE AMENDMENT:
Council Member Molloy MOVED to amend the amendment to read "its tidelands,
beaches, ". Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT TO THE AMENDMENT:
YEA: Molloy, Bookey, Marquis, Gabriel, Porter, Navarre
NAY:
AMENDMENT TO THE AMENDMENT PASSED UNANIMOUSLY.
City of Kenai Council Meeting Minutes Page 13 of 20
April 3, 2013
MOTION TO SUSPEND THE RULES:
Council Member Bookey MOVED to suspend the rules to allow Council to postpone
working on the amendments to the Comprehensive Plan to the next meeting in April.
Vice Mayor Marquis SECONDED the motion.
VOTE ON SUSPENDING THE RULES:
YEA: Molloy, Bookey, Marquis, Porter,
NAY: Gabriel. Navarre
SUSPENSION THE RULES PASSED.
Mayor Porter passed the gavel to Vice Mayor Marquis.
MOTION TO RECONSIDER:
Mayor Porter MOVED to reconsider the previous vote. Council Member Navarre
SECONDED the motion.
VOTE ON RECONSIDERATION:
YEA: Gabriel, Porter, Navarre
NAY: Molloy, Bookey, Marquis
RECONSIDERATION FAILED.
Vice Mayor Marquis returned the gavel to Mayor Porter.
2. Ordinance No. 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.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 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. Council Member Gabriel SECONDED the motion.
Mayor Porter opened the floor for public hearing. With no one wishing to speak, the
public hearing was closed.
City of Kenai Council Meeting Minutes Page 14 of 20
April 3, 2013
VOTE:
YEA: Molloy, Marquis, Navarre, Porter, Bookey, Gabriel
NAY:
PASSED UNANIMOUSLY.
3. Ordinance No. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 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. Council Member Molloy SECONDED the motion.
Mayor Porter opened the floor for public hearing. With no one wishing to speak, the
public hearing was closed.
VOTE:
YEA: Molloy, Marquis, Navarre, Porter, Bookey, Gabriel
NAY:
PASSED UNANIMOUSLY.
4. Resolution No. 2013 -15 — Award of Contract for Kenai Industrial Park 2013
Construction.
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2013 -15, Award of Contract
for Kenai Industrial Park 2013 Construction and Council Member Bookey SECONDED
the motion.
Mayor Porter opened the floor for public hearing. With no one wishing to speak, the
public hearing was closed.
MOTION TO AMEND:
Council Member Navarre MOVED to amend Resolution No. 2013 -15 by substitution and
requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED.
City of Kenai Council Meeting Minutes Page 15 of 20
April 3, 2013
5. Resolution No. 2013 -16 — Awarding a Contract to Mikunda, Cottrell & Company,
Inc. to Perform Financial Audit Services for the City for Fiscal Years 2013
through 2015.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -16, Awarding a Contract to
Mikunda, Cottrell & Company, Inc. to Perform Financial Audit Services for the City for
Fiscal Years 2013 through 2015 and requested UNANIMOUS CONSENT. Council
Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public hearing. With no one wishing to speak, the
public hearing was closed.
VOTE: There being no objections, SO ORDERED.
6. Resolution No. 2013 -17 — Authorizing the City of Kenai to Accept Ownership of
a Forfeited Vehicle from the State of Alaska Felony DUI Vehicle Forfeiture
Program.
(Clerk's Note: Council may enter into executive session pursuant to AS
44.62.3 10 (c) (4) for further discussion.]
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2013 -17, Authorizing the City
of Kenai to Accept Ownership of a Forfeited Vehicle from the State of Alaska Felony DUI
Vehicle Forfeiture Program and requested UNANIMOUS CONSENT. Vice Mayor
Marquis SECONDED the motion.
Mayor Porter opened the floor for public hearing. With no one wishing to speak, the
public hearing was closed.
VOTE: There being no objections, SO ORDERED.
7. Resolution No. 2013 -18 — Approving the Submission of a Proposal to the Alaska
Board of Fisheries for its 2014 Meetings to Amend 5AAC 57.121, Special
Provisions and Localized Additions and Exceptions to the Seasons, Bag,
Possession, and Size Limits, and Methods and Means for the Lower Section of
the Kenai River Drainage Area, and 5AAC 21.359, Kenai River Late -Run King
Salmon Management Plan by Adding an Additional Non - Motorized Day Open to
Guides in May, June and July on the Kenai River from the Warren Ames Bridge
Upstream to the Outlet of Skilak Lake.
ii • • -1
Council Member Gabriel MOVED to adopt Resolution No. 2013 -18, Approving the
Submission of a Proposal to the Alaska Board of Fisheries for its 2014 Meetings to
Amend 5AAC 57.121, Special Provisions and Localized Additions and Exceptions to the
Seasons, Bag, Possession, and Size Limits, and Methods and Means for the Lower
Section of the Kenai River Drainage Area, and 5AAC 21.359, Kenai River Late -Run King
3, 2013
in May, June and July on the Kenai River from the Warren Ames Bridge Upstream to the
Outlet of Skilak Lake and requested UNANIMOUS CONSENT. Council Member Molloy
SECONDED the motion.
Mayor Porter opened the floor for public hearing. With no one wishing to speak, the
public hearing was closed.
Council concurred to have all council members names added as sponsors on the
resolution.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1. *Regular Meeting of March 20, 2013
Meeting minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS — None.
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. *Ordinance No. 2684 -2013 — Amending the Kenai Municipal Code Sections
12.20.010 Deposit of Refuse, and the Code Violation Fine Schedule of 13.10.015
Minor Offenses Amendable to Disposition without Court Appearance by Payment
of a Fine, to Specify that Certain Recreational, Subsistence and Personal Use
Fish Waste May be Returned to the Waters from which the Fish Originated and
Changing the Fine From $500.00 to $150.00 for Certain Improper Disposal of
Fish Waste On City Beaches.
Ordinance No. 2684 -2013 was introduced by consent agenda and public hearing
scheduled on April 17, 2013.
City of Kenai Council Meeting Minutes Page 17 of 20
April 3, 2013
4. *Ordinance No. 2685 -2013 — Increasing Estimated Revenues and
Appropriations by $5,906 in the General Fund for an Alaska State Library Grant
for the Purchase of (2) Two Awe Early Literacy Work Stations.
Ordinance No. 2685 -2013 was introduced by consent agenda and public hearing
scheduled on April 17, 2013.
5. *Ordinance No. 2686 -2013 — Increasing General Fund Estimated Revenues and
Appropriations by $25,000 for Outside Legal Services for Code Enforcement.
Ordinance No. 2686 -2013 was introduced by consent agenda and public hearing
scheduled on April 17, 2013.
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6. *Ordinance No. 2687 -2013 — Increasing Estimated Revenues and
Appropriations by $135,000 in the Water & Sewer Special Revenue Fund and by
$450,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska
Municipal Matching Grant for the Tie In of the New Water Production Well to the
City's Water Treatment Facility.
Ordinance No. 2687 -2013 was introduced by consent agenda and public hearing
scheduled on April 17, 2013.
1. Council on Aging — Vice Mayor Marquis reported the April meeting was
cancelled.
2. Airport Commission — Council Member Gabriel advised the meeting is
scheduled on April 11.
3. Harbor Commission — Council Member Gabriel reviewed action taken at the
Special meeting of March 25.
4. Library Commission — Council Member Molloy reviewed the action and
discussion of the April 2 meeting.
5. Parks and Recreation Commission — Council Member Bookey advised the
next meeting was April 4.
6. Planning and Zoning Commission — Council Member Navarre reviewed the
action and discussion of the March 27 meeting.
7. Beautification Committee — Mayor Porter had no report.
8. Mini -Grant Steering Committee— Mayor Porter had no report.
City of Kenai Council Meeting Minutes
April 3, 2013
I. REPORT OF THE MAYOR
Mayor Porter reported the following
J.
• Noted Saturday was Coffee with the Mayor
• Participated in the March for Respect
• Attended the Senior Center March Madness event
• Thanked City Manager Koch for snow clearing
• Advised the Wildlife Viewing sign had been placed
• Met with departments and other agencies related to this year's Trash Pick
Up event
• Requested the City paint the stop bars
1. City Manager— City Manager Koch reported the following:
• Provided update on Ice Hawks Hockey team
• Commented on capitol budget
• Noted his budget transmittal memo will be forwarded
• Reported on turf field bids
2. City Attorney — City Attorney Bloom advised the donation request from the
Midnight Sun volleyball was not time sensitive and if Council requested, could be
placed on the next agenda for approval.
3. City Clerk — City Clerk Modigh noted financial disclosure statements were due
April 15, 2013.
Mayor Porter noted the City doesn't currently have penalties for late submission and
could be considered in the future.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments — None
2. Council Comments
Council Member Molloy had no comments.
Vice Mayor Marquis thanked the City Clerk and Attorney for assistance during the
meeting.
Council Member Bookey echoed Marquis's comments and thanked the public for their
comments.
Council Member Gabriel thanked Kristine Schmidt and others for testifying.
Council Member Navarre thanked all for comments.
Mayor Porter thanked the media for their continued attendance at meetings.
City of Kenai Council Meeting Minutes Page 19 of 20
April 3, 2013
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 Appeal.
MOTION:
Vice Mayor Marquis MOVED to enter into Executive Session Regarding 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 Appeal
and requested the attendance of the City Attorney. Council Member Bookey
SECONDED the motion.
VOTE:
YEA: Molloy, Marquis, Navarre, Porter, Bookey, Gabriel
NAY:
PASSED UNANIMOUSLY.
Council entered into executive session.
Council reconvened in open session and Vice Mayor Marquis noted the Mayor exited the
meeting at the conclusion of the session. Marquis further advised that while in executive
session, Council provided direction to the City Attorney regarding the Lashbrook Board
of Adjustment Appeal.
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 11:12
p. M.
Minutes prepared and submitted by:
Sa dr digh, ty Clerk
City of Kenai Council Meeting Minutes Page 20 of 20
April 3, 2013