HomeMy WebLinkAbout2013-05-01 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
MAY 1, 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 APPROVED BY COUNCIL
MINUTES Date. 5%/S//3
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on May 1, 2013, in City Hall
Council Chambers, Kenai, Alaska. 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
Mike Boyle
Terry Bookey
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Corene Hall, Deputy City Clerk
"Austin Daly, Student Representative
3. Agenda Approval
MOTION:
Ryan Marquis, Vice Mayor
Robert Molloy
Brian Gabriel
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 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.
*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. 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.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 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. Council Member Marquis 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, Porter, Bookey, Gabriel
NAY:
* *Student Representative Daly: YEA
PASSED UNANIMOUSLY.
Resolution No. 2013 -21 —Authorizing the Purchase of a New 2013 Ford F -150
from Kendall Ford of Wasilla for the Total Amount of $20,205.
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2013 -21 Authorizing the
Purchase of a New 2013 Ford F -150 from Kendall Ford of Wasilla for the Total Amount
City of Kenai Council Meeting Minutes Page 2 of 10
May 1, 2013
of $20,205 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.
3. Resolution No. 2013 -22 — Awarding a Contract for the Construction of Central
Heights Subdivision Roadway and Lighting Improvements to Alaska
Roadbuilders, Inc for an Estimated Total Cost of $449,125.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2013 -22 Awarding a Contract
for the Construction of Central Heights Subdivision Roadway and Lighting Improvements
to Alaska Roadbuilders, Inc for an Estimated Total Cost of $449,125 and requested
UNANIMOUS CONSENT. 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.
VOTE: There being no objections, SO ORDERED.
4. Resolution No. 2013 -23 — Authorizing a Budget Transfer within the General
Fund Streets Department for Over Time in Excess of Budgeted Amounts.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2013 -23 Authorizing a Budget
Transfer within the General Fund Streets Department for Over Time in Excess of
Budgeted Amounts and requested UNANIMOUS CONSENT. 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.
VOTE: There being no objections, SO ORDERED.
5. Resolution No. 2013 -24 — Authorizing a Budget Transfer within the General
Fund Buildings Department.
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2013 -24 Authorizing a Budget
Transfer within the General Fund Buildings Department 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.
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May 1, 2013
VOTE: There being no objections, SO ORDERED.
6. Resolution No. 2013 -25 — Authorizing a Budget Transfer within the General
Fund - Fire Department for Expenditures Related to the Repair of City Airport
Equipment.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2013 -25 Authorizing a Budget
Transfer within the General Fund - Fire Department for Expenditures Related to the
Repair of City Airport Equipment 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.
7. Resolution No. 2013 -26 — Authorizing a Budget Transfer within the General
Fund - Land Department for Survey Costs Related to the Purchase of Well
Radius Property for the City's Public Water System.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -26 Authorizing a Budget
Transfer within the General Fund - Land Department for Survey Costs Related to the
Purchase of Well Radius Property for the City's Public Water System 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.
E. MINUTES
1. 'Regular Meeting of April 17, 2013
2. 'Work Session of April 22, 2013
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 Gabriel SECONDED the motion.
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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. Council Member Gabriel SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
3. Discussion — Schedule Evaluations for the City Clerk, City Attorney and City
Manager
Council requested this be placed on the agenda for the June 5 Council meeting.
4. Action /approval — Special Use Permit for Copper River Seafood Dock
Operations.
MOTION:
Council Member Bookey MOVED to approve the Special Use Permit for Copper River
Seafood Dock Operations and requested UNANIMOUS CONSENT. Council Member
Gabriel SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
5. *Ordinance No. 2689 -2013 — Adopting The Annual Budget For The Fiscal Year
Commencing July 1, 2013 And Ending June 30, 2014.
Ordinance No. 2689 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
6. *Ordinance No. 2690 -2013 — Amending the Kenai Municipal Code, Chapter
23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2014 Operating Budget Pay
Schedules.
Ordinance No. 2690 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
7. *Ordinance No. 2691 -2013 — Amending the Kenai Municipal Code 23.55.030
Entitled "Qualification Pay" to Provide a One Pay Range Increase for Qualified
Driver /Operators in the Fire Department and Incorporate Changes Adopted in the
FY2014 Operating Budget.
Ordinance No. 2691 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
8. *Ordinance No. 2692 -2013 — Amending the Kenai Municipal Code Section
23.40.120, Medical and Hospital Insurance to Specify that Employees Shall Pay
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a Percentage of Medical and Hospital Insurance Plan Costs Recommended by
the City Manager and Approved by the City Council.
Ordinance No. 2692 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
9. *Ordinance No. 2693 -2013 — Amending the Kenai Municipal Code Sections
23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030, Annual Leave, to
Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period.
Ordinance No. 2693 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
10. *Ordinance No. 2694 -2013 — Amending the Kenai Municipal Code Section
23.25.065, Shift Differential Pay, to Pay Employees Shift Differential Pay for
Each Qualifying Shift Worked.
Ordinance No. 2694 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
11. *Ordinance No. 2695 -2013 — Amending Kenai Municipal Code Chapters: One
(1), Agencies, Officers, and Employees; Ten (10), General and Miscellaneous
Provisions; and Twenty Three (23), Personnel Regulations, to Clarify that
Employees of the City that Are Not Exempted from the Overtime and Minimum
Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis
and Not a Salary Basis.
Ordinance No. 2695 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
12. *Ordinance No. 2696 -2013 — Amending Kenai Municipal Code Sections
23.25.060, Overtime, and 23.30.050, Business Hours and Hours of Work, to
Accommodate a New Work Schedule for Employees Performing Fire Protection
Activities and Minimizing the Financial Impact of the Change to the City by
Reducing the Overtime Rate for Fire Protection Employees.
Ordinance No. 2696 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
13. *Ordinance No. 2697 -2013 — Amending Kenai Municipal Code Section
23.25.070, Acting Positions, to Provide for Consistent Application to Employees
with Different Work Schedules.
Ordinance No. 2697 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
14. *Ordinance No. 2698 -2013 — Increasing General Fund Estimated Revenues and
Appropriations by $83,721 for Costs in Excess of Budgeted Amounts.
Ordinance No. 2698 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
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15. *Ordinance No. 2699 -2013 — Increasing Airport Fund Estimated Revenues and
Appropriations by $29,486 for Costs in Excess of Budgeted Amounts.
Ordinance No. 2699 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
16. *Ordinance No. 2700 -2013 — Increasing Water & Sewer Fund Estimated
Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted
Amounts.
Ordinance No. 2700 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
17. *Ordinance No. 2701 -2013 — Amending the Kenai Municipal Code Section
1.15.130, Telephonic Participation, to Remove the Requirement that a Request
for Telephonic Participation by a Council Member for a Council Meeting be Made
in Writing and Reducing the Requirement of Advance Notice to at Least Three
Hours Prior to the Start of the Meeting.
Ordinance No. 2701 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
18. *Ordinance No. 2702 -2013 — Amending Kenai Municipal Code (KMC) Sections
14.20.200, Accessory Structures, and 14.24.020, General Requirements -
Development Requirements Table, to Amend Setback Requirements and
Merging KMC Section 14.24.030, Addendum to Development Requirements
Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of Clarity.
Ordinance No. 2702 -2013 was introduced by consent agenda and public hearing
scheduled on May 15, 2013.
H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging — Vice Mayor Marquis reported the next meeting would be
May 9, 2013.
2. Airport Commission — Council Member Gabriel reported the April 11 meeting
summary was in the packet.
3. Harbor Commission — Council Member Molloy noted the April meeting had
been cancelled.
4. Library Commission — Council Member Boyle noted the April meeting had been
cancelled.
5. Parks and Recreation Commission — Council Member Bookey had no report.
6. Planning and Zoning Commission — Mayor Porter noted the April 24 meeting
was City Planner Marilyn Kebschull's last.
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7. Beautification Committee — Mayor Porter had no report.
8. Mini -Grant Steering Committee — Mayor Porter reported the committee
awarded one grant to the Greater Kenai /Soldotna Imagination Library.
REPORT OF THE MAYOR
Mayor Porter reported the following:
• Attended the Caring for the Kenai awards.
• Student Representative Austin Daly's last meeting would be May 15.
• Received a thank you letter from the town of Sandy Hook, Connecticut.
J. ADMINISTRATION REPORTS
1. City Manager — Koch reported the following:
• Meeting with KEDS to discuss airport issues on May 2.
• The Kenai Central High School turf field was moving forward.
• He's had numerous discussions with the Board of Fish.
There were multiple construction projects starting within the City.
Working on the Meeks Trail design.
2. City Attorney — Bloom reported the City Clerk requested direction regarding a
liquor license for Playa Azul; he would be attending the Alaska Bar Association
meetings; and would be bringing the chicken ordinance forward at the next
meeting.
3. City Clerk — Hall had no report.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments — None.
2. Council Comments
Council Member Gabriel reported he attended Kebschull's retirement party and wished
Student Representative Daly good luck.
Student Representative Daly thanked the council for the opportunity to serve and
reported on the Pennies for Patients drive occurring at the high school.
(Clerk's Note: Council Member Navarre arrived at this time.)
Council Member Molloy delivered the thanks of the Kenai Birders to the Mayor for the
sign at the birding platform and noted the Birders Festival would be May 16 through 19.
Council Member Boyle thanked Daly for her service.
Mayor Porter noted the Soap Box Derby would be May 19 and Vice Mayor Marquis
would be driving her car.
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Council Member Navarre attended the BP Teacher's of Excellence dinner and noted
Robert Sparks of Sky View High School was this year's winner.
L. 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.
MOTION:
Vice Mayor Marquis MOVED to convene in an 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
and requested the City Attorney attend. Council member Molloy SECONDED the
motion.
VOTE:
YEA: Molloy, Marquis, Boyle, Navarre, Porter, Bookey, Gabriel
NAY:
PASSED UNANIMOUSLY.
BREAK: 7:47 P.M.
BACK TO ORDER: 8:03 P.M.
Vice Mayor Marquis reported the council met in Executive Session and gave direction to
the City Attorney.
M. PENDING ITEMS
1. Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section
3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a
Small Number of Chicken Hens in the City and Amending Setback Requirements
for Chicken Containment Structures.
[Clerk's Note: At its 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 8:04
p.m.
Minutes prepared and submitted by:
Lorene Hall, Deputy City Clerk
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"The student representative may cast advisory votes on all matters except those
subject to executive session discussion. Advisory votes shall be cast in the rotation of
the official council vote and shall not affect the outcome of the official council vote.
Advisory votes shall be recorded in the minutes. A student representative may not move
or second items during a council meeting.
City of Kenai Council Meeting Minutes Page 10 of 10
May 1, 2013