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HomeMy WebLinkAbout2013-04-17 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING APRIL 17, 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 17, 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, followed by a moment of silence for the victims and those affected by the bombing in Boston. 2. Roll Call There were present: Pat Porter, Mayor Mike Boyle Tim Navarre Brian Gabriel 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 Marilyn Kebschull, City Planner "Austin Daly, Student Representative 3. Agenda Approval Ryan Marquis, Vice Mayor Robert Molloy Terry Bookey Mayor Porter requested the following additions to the packet: ADD TO: D -1. Ordinance No. 2681 -2013 • Correspondence from Planning and Zoning Commissioners Twait and Knackstedt • Correspondence from Airport Commissioner Knackstedt • Memorandum from Council Member Molloy • Amendment Table • Future Land Use Map with April 3 amendments 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 — None. 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: At its April 3, 2013 meeting council postponed Ordinance No. 2681 -2013; a motion to enact is on the floor.) MOTION TO AMEND: Council Member Molloy MOVED to amend page 84, Chapter 6.5, Table 20, Goal 4, by moving Objective 17 and its strategies to page 81, Chapter 6.4, Table 19, Goal 3. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy NAY: Porter, Gabriel, Navarre City of Kenai Council Meeting Minutes Page 2 of 19 April 17, 2013 "Student Representative Daly: YEA AMENDMENT PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend page 81, Chapter 6.4, Table 19, Goal 3, by inserting a new strategy to read, "Review and amend standards in code to improve and expand notice to property owners - lessees. Priority Medium." Council Member Boyle SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Gabriel MOVED to amend the amendment by striking "and reduce impediments to public participation" and Vice Mayor Marquis SECONDED the motion. Motion to amend the amendment was withdrawn. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend page 81, Chapter 6.4, Table 19, Objective 12, Strategy 14 by inserting the following at the end of the sentence "and develop more comprehensive standards in code." Council Member Boyle SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend by striking "develop" and inserting "consider." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Marquis, Molloy, Porter, Gabriel, Navarre NAY: Boyle "Student Representative Daly: YEA AMENDMENT PASSED. VOTE ON AMENDMENT AS AMENDED: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA City of Kenai Council Meeting Minutes April 17, 2013 AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend page 81, Chapter 6.4, Table 19, Objective 12, Strategy 15 to read as follows 'Review and develop standards in code for oil and gas development to mitigate impacts on other property owners." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend page 86, Chapter 6.6, Table 21, Objective 20 by inserting a new strategy to read "Encourage and support public participation in decisions affecting the airport through community outreach, Commission and Council meetings and work sessions, and other meetings with affected residents, business and property owners. Priority High." Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend page 86, Chapter 6.6, Table 21, Objective 20, by inserting a new strategy to read 'Review and improve buffer areas along Float Plane Road to mitigate noise impacts on neighborhoods. Priority High." Council Member Bookey SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Vice Mayor Marquis MOVED to amend by striking "and improve." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT TO THE AMENDMENT: YEA: Bookey, Boyle, Marquis, Porter, Gabriel, Navarre NAY: Molloy "Student Representative Daly: YEA City of Kenai Council Meeting Minutes April 17, 2013 AMENDMENT PASSED. VOTE ON AMENDMENT AS AMENDED: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend page 93, Chapter 6.9, Table 24, Objective 26, by revising Strategy No. 2 to be reflected as Strategy No. 3 and amending it to read as follows "Continue to work with the State of Alaska, personal use fishers, commercial fishers, residents and others to mitigate damages caused by the dip net fishery. Priority High." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend page 93, Chapter 6.9, Table 24, Objective 24, by inserting new strategy No. 2 to read follows "Review and modify as necessary, the City's long term plan for management of the annual Personal Use Fishery. Priority High." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Boyle MOVED to amend page 88, Chapter 6.7, Table 22, Goal 6, Objective 24, by inserting a new strategy to read as follows "Develop a public campground. Priority High." Council Member Molloy SECONDED the motion. MOTION TO AMEND THE AMENDMENT: City of Kenai Council Meeting Minutes Page 5 of 19 April 17, 2013 Council Member Bookey MOVED to amend by striking "Develop' and "Priority High" and inserting "Investigate and consider development of and "Priority Medium." Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Marquis, Porter, Gabriel, Navarre NAY: Boyle, Molloy "Student Representative Daly: YEA AMENDMENT PASSED. MOTION TO AMEND THE AMENDMENT: Council Member Boyle MOVED to amend the priority from "Medium" and "High." Mayor Porter ruled the motion was out of order due to the priority having already been amended. Council took a brief at ease. MOTION: Council Member Boyle MOVED to appeal the decision of the chair. Council Member Molloy SECONDED the motion. Mayor Porter advised the question before Council was, "Shall the decision of the Chair stand as the judgment of the Council ?" VOTE: YEA: Bookey, Marquis, Gabriel, Navarre NAY: Boyle, Molloy ABSTAIN: Porter "Student Representative Daly: YEA Chairs ruling remained that the amendment was out of order. VOTE ON AMENDMENT AS AMENDED: YEA: Bookey, Boyle, Marquis, Molloy, Porter, Gabriel, Navarre NAY: "Student Representative Daly: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend page 86, Chapter 6.6, Table 21, Objective 22, by inserting a new strategy to read "Prioritize maintenance and upgrades for City's City of Kenai Council Meeting Minutes Page 6 of 19 April 17, 2013 harbor and dock facilities. Priority — Medium." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Molloy NAY: Porter, Gabriel, Marquis, Navarre "Student Representative Daly: NAY AMENDMENT FAILED. MOTION TO AMEND: Council Member Boyle MOVED to amend page 88, Chapter 6.7, Table 22, Objective 23, by inserting "and neighborhoods" after "right -of -way corridors." Council Member Molloy SECONDED the motion. With concurrence of Molloy, Boyle withdrew the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend page 52, Chapter 5, Map 7, by changing the Land Classification from Mixed Use to Suburban Residential on all properties currently zoned Residential and Recreational in the Kenai Spur Highway Corridor from west of Forest Drive west and north to Redoubt Drive. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy NAY: Porter, Gabriel, Marquis, Navarre, Bookey "Student Representative Daly: NAY AMENDMENT FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend page 52, Chapter 5, Map 7, by changing Mixed Use Land Classification to Parks, Recreation and Open Space on that portion of Parcel No. 04501029 that is located between Beluga Drive West and the Kenai Spur Highway. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Bookey NAY: Porter, Gabriel, Marquis, Navarre "Student Representative Daly: YEA AMENDMENT FAILED. AMEND: 17, 2013 Council Member Molloy MOVED to amend page 52, Chapter 5, Map 7, by changing the Land Classification from Industrial Use to Parks, Recreation and Open Space on that portion of City -owned Tracts A and C, Float Plane Basin Replat No. 2, that is proposed to be classified as Industrial Use. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Bookey, Porter, Gabriel, Marquis NAY: Navarre "Student Representative Daly: YEA AMENDMENT PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend page 52, Chapter 5, Map 7, by changing the Land Use Classification from Industrial Use to Parks, Recreation and Open Space on City -Owned Tracts B and D, Float Plane Basin Replat No. 2 that is proposed to be classified as Industrial Use. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Bookey, NAY: Navarre, Porter, Gabriel, Marquis "Student Representative Daly: NAY AMENDMENT FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend page 52, Chapter 5, Map Mixed Use Land Classification to Rural Residential on all properties residential that are adjacent to the K -Beach Road Corridor. Council SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Marquis, Bookey "Student Representative Daly: NAY AMENDMENT FAILED. 7, by changing currently zoned Member Boyle Council took a brief recess. Student Representative Daly departed the meeting during the break. MOTION TO AMEND: City of Kenai Council Meeting Minutes Page 8 of 19 April 17, 2013 Council Member Boyle MOVED to amend page 52, Chapter 7, Map 7, by changing the Suburban Residential Land Classification to Rural Residential on all properties currently zoned Rural Residential I in the MAPS neighborhood, the area north of the Kenai Spur Highway and east of the conservation property bordering the Wal -Mart lot to McCollum Drive. Council Member Molloy SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Boyle MOVED to amend by omitting the corridor along the highway and Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Navarre, Porter, Gabriel, Marquis, Bookey NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON AMENDMENT AS AMENDED: YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Marquis, Bookey AMENDMENT FAILED. MOTION TO AMEND: Council Member Boyle MOVED to amend page 52, Chapter 5, Map 7, by changing the Land Use Classification from Industrial Use to Parks, Recreation and Open Space on City -owned Tract F, Bridge Access Road and Boat Launch Road, excluding the CINGSA Gas Storage Well Pad Parcel. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Bookey NAY: Navarre, Porter, Gabriel, Marquis AMENDMENT FAILED. MOTION TO AMEND: Council Member Boyle MOVED to amend page 52, Chapter 5, Map 7, by changing the Land Use Classification from Industrial Use to Parks, Recreation and Open Space on City -owned Tract E, Bridge Access Road and Boat Launch Road. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: City of Kenai Council Meeting Minutes Page 9 of 19 April 17, 2013 YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Marquis, Bookey AMENDMENT FAILED. MOTION TO AMEND: Council Member Boyle MOVED to amend page 52, Chapter 5, Map 7, by changing Mixed Use Land Classification to Rural Residential on all properties currently zoned Residential or Conservation in the Kenai Spur Highway Corridor from Tinker Lane east and south to City Limits. Council Member Molloy SECONDED the motion. With the concurrence of Molloy, Boyle withdrew the motion. MOTION TO AMEND: Council Member Boyle MOVED to amend page 52, Chapter 5, Map 7, by changing Mixed Use Land Classification to Rural Residential on all properties currently zoned Residential or Conservation in the Kenai Spur Highway Corridor from Highbush Lane east and south to City Limits. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Marquis, Bookey AMENDMENT FAILED. MOTION TO AMEND: Council Member Boyle MOVED to amend page 52, Chapter 5, Map 7, by changing the Kenai Landing parcel from Industrial to Rural Residential. Council Member Molloy SECONDED the motion. Council Member Gabriel advised of a potential conflict of interest due to owning adjacent property. Mayor Porter ruled there was no conflict. VOTE ON AMENDMENT: YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Marquis, Bookey AMENDMENT FAILED. MOTION TO AMEND: Council Member Boyle MOVED to change parcel 049 - 101 -05 from Industrial to Parks, Recreation and Open Space. Council Member Molloy SECONDED the motion. City of Kenai i April 17, 2013 VOTE ON AMENDMENT: YEA: Boyle, Molloy, Navarre, Porter, Gabriel, Marquis, Bookey NAY: AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Navarre MOVED to amend page 71, Chapter 6.1, by striking "Low priority and its definition." Council Member Gabriel SECONDED the motion. With concurrence of Gabriel, Navarre withdrew the motion. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend page 71, Chapter 6.1, by striking the last sentence of the definition of Low priorities which reads "These priorities are listed as issues at the beginning of each section." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Navarre, Porter, Gabriel, Marquis, Bookey NAY: AMENDMENT PASSED UNANIMOUSLY. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2681 -2013 to the next meeting and requested the table be updated and included in the packet. Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Marquis, Bookey POSTPONEMENT FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2681 -2013, Section 2, by inserting "as amended by City Council' after "Alaska Map Company." Council Member Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 11 of 19 April 17, 2013 VOTE ON AMENDMENT: YEA: Boyle, Molloy, Navarre, Porter, Gabriel, Marquis, Bookey NAY: AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Navarre MOVED to amend Ordinance No. 2681 -2013 by inserting the current date in the last whereas and Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Navarre, Porter, Gabriel, Marquis, Bookey NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON ORDINANCE NO. 2681 -2013 AS AMENDED: YEA: Molloy, Navarre, Porter, Gabriel, Marquis, Bookey NAY: Boyle MOTION PASSED. 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. MOTION: Vice Mayor Marquis MOVED to enact 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. 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: City of Kenai Council Meeting Minutes Page 12 of 19 April 17, 2013 Council Member Molloy MOVED to amend Ordinance No. 2684 -2013, Section 2(e) by adding "or on the land of another without the owner's consent' after "on public beaches." Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy NAY: Porter, Boyle, Marquis, Bookey, Gabriel, Navarre AMENDMENT FAILED. VOTE ON MAIN MOTION: YEA: Molloy, Marquis, Boyle, Navarre, Porter, Bookey, Gabriel NAY: PASSED UNANIMOUSLY. 3. 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. MOTION: Vice Mayor Marquis MOVED to enact 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. 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: YEA: Molloy, Marquis, Boyle, Navarre, Porter, Bookey, Gabriel NAY: PASSED UNANIMOUSLY. 4. Ordinance No. 2686 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $25,000 for Outside Legal Services for Code Enforcement. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2686 -2013 Increasing General Fund Estimated Revenues and Appropriations by $25,000 for Outside Legal Services for Code Enforcement. Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 13 of 19 April 17, 2013 Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. VOTE: YEA: Molloy, Marquis, Boyle, Navarre, Porter, Bookey, Gabriel NAY: PASSED UNANIMOUSLY. 5. 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. MOTION: Council Member Molloy MOVED to enact 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. 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. Council Member Gabriel requested a report from Administration. City Manager Koch reported the ordinance would provide funding to tie the new well in to the water treatment facility. VOTE: YEA: Molloy, Marquis, Boyle, Navarre, Porter, Bookey, Gabriel NAY: PASSED UNANIMOUSLY. 6. Resolution No. 2013 -19 — Awarding a Contract for the Construction of Main Street and Airport Way Improvements to Alaska Roadbuilders Inc. for an Estimated Total Cost of $136,135. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2013 -19 Awarding a Contract for the Construction of Main Street and Airport Way Improvements to Alaska City of Kenai Council Meeting Minutes Page 14 of 19 April 17, 2013 Roadbuilders Inc. for an Estimated Total Cost of $136,135 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 -20 — Authorizing the Purchase of a Kubota 72" Front - Mount Riding Mower with Collection System from Equipment Source Incorporated for the Total Amount of $27,697. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -20 Authorizing the Purchase of a Kubota 72" Front -Mount Riding Mower with Collection System from Equipment Source Incorporated for the Total Amount of $27,697 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. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Work Session of March 29, 2013 — Draft Comprehensive Plan 2. *Regular Meeting of April 3, 2013 3. *Work Session of April 8, 2013 — Vintage Pointe Rents / FY14 Budget. All 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. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Action /Approval — Purchase Orders Exceeding $15,000. MOTION: City of Kenai Council Meeting Minutes April 17, 2013 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 — Lease Application from Buccaneer Alaska Operations, LLC for Lot 8, Kenai Industrial Park Subdivision Preliminary Plat. MOTION: Council Member Molloy MOVED to approve the Lease Application from Buccaneer Alaska Operations, LLC for Lot 8, Kenai Industrial Park Subdivision Preliminary Plat. Vice Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 4. Action/ Approval — Amendment to Kenai Municipal Golf Course and Recreation Area Lease and Concession Agreement between the City of Kenai and Griffin Golf Enterprises, LLC amending the green fees at the Kenai Golf Course. MOTION: Council Member Navarre MOVED to approve the Amendment to Kenai Municipal Golf Course and Recreation Area Lease and Concession Agreement between the City of Kenai and Griffin Golf Enterprises, LLC amending the green fees at the Kenai Golf Course. Vice Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. Action/ Approval — Amendment to Kenai Municipal Golf Course and Recreation Area No. II Lease and Concession Agreement between the City of Kenai and Griffin Golf Enterprises, LLC amending the green fees at the Kenai Golf Course. MOTION: Vice Mayor Marquis MOVED to approve the Amendment to Kenai Municipal Golf Course and Recreation Area No. II Lease and Concession Agreement between the City of Kenai and Griffin Golf Enterprises, LLC amending the green fees at the Kenai Golf Course and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. Discussion — Request for the Conveyance and Exchange of an Approximately 1.6 -Acre Parcel of City -Owned Property for an Approximately 36.53 -Acre Portion of Property Owned by Craig Loftstedt. There was no objection by Council for Administration to research the potential land exchange. Koch advised the matter would be brought before Council at a later date if the exchange was found to be in the best interest of the City. City of Kenai Council Meeting Minutes Page 16 of 19 April 17, 2013 Action /Approval — Peninsula Midnight Sun Volleyball Team Donation Requested by Members for Tournament Travel Expenses. MOTION: Council Member Navarre MOVED to donate $100 to the Peninsula Midnight Sun Volleyball Team for travel expenses and Council Member Bookey SECONDED the motion. VOTE: YEA: Porter, Boyle, Molloy, Marquis, Bookey, Gabriel, Navarre NAY: PASSED UNANIMOUSLY. 8. *Vacation — Vacate a Public Use Right of Way and Access Easements within Government Lots 33, 34 and 35. Vacate the 30 -Foot Strip Along the Northerly Boundary of Government Lot 34 as Described and Recorded in Book 38 Page 12; and Vacate the 30 -Foot Strip Lying Along the North Boundary of Lot 35 as Described and Recorded on Book 38 Page 47; and Vacate the 15 -Foot Access Easement Along the South Boundary of Government Lot 33 as Described and Recorded in Book 47 Page 150 within the Kenai Recording District; all within Section 6, Township 5 North, Range 11 West, Seward Median, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB file 2013 -033; Location: City of Kenai; KPBPC Resolution 2013 -08. Approved by consent agenda. 9. *Ordinance 2688 -2013 — Amending the Kenai Municipal Code Sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use Table to Allow Unoccupied Accessory Structures to be Placed, by Conditional Use, on Residential Parcels that do Not Have a Main Building or Use if the Same Owner Owns an Adjacent Parcel. Ordinance No. 2688 -2013 was introduced by consent agenda and public hearing scheduled on May 1, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis noted the minutes from the February meeting were in the packet. 2. Airport Commission — Council Member Gabriel reviewed the meeting of April 11, noting the Air Fair and draft budget were discussed. 3. Harbor Commission — Council Member Molloy reported the commission did not meet. 4. Library Commission — Council Member Boyle had no report. City of Kenai Council Meeting Minutes Page 17 of 19 April 17, 2013 5. Parks and Recreation Commission — Council Member Bookey reviewed the April 4 meeting. 6. Planning and Zoning Commission — Council Member Navarre reported on the April 10 meeting. 7. Beautification Committee — Mayor Porter had no report. 8. Mini -Grant Steering Committee — Mayor Porter reported a meeting had been scheduled for April 25. REPORT OF THE MAYOR Mayor Ported reported the following: • She attended the Chamber luncheon to recognize Courtney Stroh for her Caring for the Kenai project. • Coffee with the Mayor has increased attendance. • Finance Director received a commendation for Excellence in Financial Reporting for the City's Comprehensive Annual Financial Report. • Meetings to evaluate the City Manager, City Attorney and City Clerk need to be scheduled. J. ADMINISTRATION REPORTS 1. City Manager — Koch reported the following: • The pedestrian trail between 4th and 5th Avenues will be surveyed as the snow melts. • The state budget is shorter than originally thought. • Reminded the Council of the April 22 budget work session. • Work had begun on the Kenai Central High School field. 2. City Attorney —Bloom thanked the police for their attendance at traffic court. 3. City Clerk — Modigh had no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments Don Wright, 406 Cinderella — Mr. Wright thanked Council for their work on the Comprehensive Plan and noted concern with the highway corridor. Mark Schrag, 312 Princess — Mr. Schrag noted his surprise the Comprehensive Plan was voted on during that meeting. 2. Council Comments Council Member Navarre thanked City Planner Kebschull for her years of service. of Kenai Council Meeting Minutes 17, 2013 Council Member Gabriel thanked the public for their comments and thanked the City Clerk, Deputy Clerk and City Planner for their work at the meeting. Council Member Bookey had no comments. Vice Mayor Marquis reported he presented a proclamation on Sexual Assault Awareness during a joint Chamber meeting; thanked the Mayor for her comments regarding the bombing in Boston; and, noted his appreciation of all the good that happened after the event. Council Member Molloy thanked the Mayor and Vice Mayor for their comments regarding the event in Boston and thanked the public for their work on the Comprehensive Plan. Council Member Boyle thanked the public for their testimony 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 10:56 p.m. M s repared and submitted by Sao&p M digh, C y 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 April 17, 2013