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HomeMy WebLinkAbout2013-06-05 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JUNE 5, 2013 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us VICE MAYOR RYAN MARQUIS, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on June 5, 2013, in City Hall Council Chambers, Kenai, AK. Vice Mayor Marquis called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Vice Mayor Marquis led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor (telephonic) 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 3. Agenda Approval Ryan Marquis, Vice Mayor Robert Molloy Terry Bookey Vice Mayor Marquis requested the following additions to the packet: ADD TO: D -1: Ordinance No. 2656 -2012 • Ordinance as amended at March 6 Council Meeting D -3: Ordinance No. 2704 -2013 • 2009 Memorandum by City Manager and Exhibit A • Email correspondence from the police department regarding ATV use on the North and South Beach D -5: Resolution No. 2013 -36 • Correspondence from Kathleen Martin, d /b /a KEE Construction, LLC MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Vice Mayor Marquis 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 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. Motion to enact is on the floor.] • Substitute Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section (KMC) 3.10.070 Livestock within the City Limits, and KMC 3.05.100 Fees and Repealing and Reenacting KMC Chapter 3.15 Licensed Facilities, to Allow for Twelve (12) Chicken Hens or Less to be Kept on Certain Parcels within the City of Kenai that are Less than Forty Thousand (40,000) Square Feet in Size Pursuant to a License Issued by the Animal Control Office and Making other Housekeeping Changes to KMC 3.10.070 and Chapter 3.15. City of Kenai Council Meeting Minutes Page 2 of 14 June 5, 2013 MOTION: Council Member Bookey MOVED to amend Ordinance No. 2656 -2012 by substitution. Motion failed for lack of a second. Council Members Porter, Gabriel and Navarre spoke against the ordinance. Council Members Boyle and Molloy spoke in favor of the ordinance. MOTION TO POSTPONE: Council Member Boyle MOVED to postpone Ordinance No. 2656 -2012 to the second meeting in July and Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Boyle, Marquis, Molloy NAY: Porter, Bookey, Gabriel, Navarre POSTPONEMENT FAILED, MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No, 2656 -2012 by deleting "when possible" from section (g) and Council Member Boyle SECONDED the motion. Council took a brief at ease. VOTE ON AMENDMENT: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre NAY: AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Bookey MOVED to amend Ordinance No. 2656 -2012 by striking "more than 12" in (b)14; moving (g) to (i) and adding (h) as follows: (a) Comply with the provisions of this title, any and all applicable City, Borough, or State law or regulation and the terms, conditions, and limitations of any license issued hereunder. (b) Provide shelter adequate to preserve the health of the animals kept. (c) Maintain the chicken coop and chicken run in a sanitary condition. (d) Provide for the adequate care and feeding of animals kept. (e) Design and equip the chicken coop and chicken run so as to keep all animals on the premises and contained within a chicken coop and chicken run. (f) Keep only chicken hens for the purpose of egg production. (g) Keep no more than twelve (12) chickens on a parcel thirty thousand (30,000) square feet, no more than eight (8) chickens on a parcel between twenty thousand City of Kenai Council Meeting Minutes Page 3 of 14 June 5, 2013 (20,000) square feet and less than thirty thousand (30,000) square feet, no more than six (6) chickens on a parcel between ten thousand (10,000) square feet and less than twenty thousand (20,000) square feet, and no more than four (4) chickens on a parcel between eight thousand five hundred (8,500) square feet and less than ten thousand (10,000) square feet. No chickens may be kept on a parcel less than eight thousand five hundred (8,500) square feet. (h) Maintain the chickens and associated structures in such a manner that does not constitute a nuisance to owners or occupiers of land in its vicinity. Council Member Molloy SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Boyle MOVED to amend the amendment by striking (g) and inserting "Keep six (6) chickens on any parcel up to 10,000 square feet and for every 2,000 additional square feet, one (1) additional chicken up to no more than twelve (12) chickens total." Council Member Molloy SECONDED the motion. Council took a brief at ease. VOTE ON AMENDMENT TO AMENDMENT: YEA: Boyle, Molloy NAY: Porter, Bookey, Gabriel, Marquis, Navarre AMENDMENT FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2656 -2012 by amending 3.15.060(a) as follows: "Comply with the provisions of this title, any and all applicable City, Borough, or State law or regulation." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON ORIGINAL AMENDMENT: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy NAY: Porter, Navarre AMENDMENT PASSED. Council took a brief at ease. MOTION TO POSTPONE: City of Kenai Council Meeting Minutes Page 4 of 14 June 5, 2013 Council Member Bookey MOVED to postpone Ordinance No. 2656 -2012 to the second meeting in August and Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Bookey, Boyle, Molloy NAY: Porter, Gabriel, Marquis, Navarre POSTPONEMENT FAILED. VOTE ON ORDINANCE AS AMENDED: YEA: Bookey, Boyle, Molloy NAY: Porter, Gabriel, Marquis, Navarre MOTION FAILED. 2. Ordinance No. 2703 -2013 — Increasing Estimated Revenues and Appropriations by $512.45 in the General Fund - Police Department for State Traffic Grant Overtime Reimbursement. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2703 -2013 Increasing Estimated Revenues and Appropriations by $512.45 in the General Fund - Police Department for State Traffic Grant Overtime Reimbursement. Council Member Bookey SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2703 -2013 by striking "$512.45" in the title, third whereas and under General Fund and inserting "$1333.75'; and by striking "to March" and inserting "through Memorial Day Weekend" in the third whereas. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Porter, Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre NAY: PASSED UNANIMOUSLY. City of Kenai Council Meeting Minutes Page 5 of 14 June 5, 2013 3. Ordinance No. 2704 -2013 — Amending KMC 13.40.040 to Provide for a Seasonal Speed Limit of Twenty (20) Miles Per Hour While Driving Motorized Vehicles on a Certain Portion of the North Shore Public Beach. MOTION: Council Member Boyle MOVED to enact Ordinance No. 2704 -2013 Amending KMC 13.40.040 to Provide for a Seasonal Speed Limit of Twenty (20) Miles Per Hour While Driving Motorized Vehicles on a Certain Portion of the North Shore Public Beach. Council Member Molloy SECONDED the motion. Vice Mayor Marquis opened the meeting to public comment. Sue Carter, 1505 Toyon Way — Ms. Carter spoke concerning safety of children on the beach. There being no one else wishing to speak, the public hearing was closed. City Manager Koch reported there would be a sign posted on the beach regarding speed limits. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2704 -2013 to the June 19 meeting and Mayor Porter SECONDED the motion. VOTE ON POSTPONEMENT: YEA: Porter, Boyle, Gabriel, Molloy, Marquis, Navarre NAY: Bookey POSTPONEMENT PASSED. 4. Ordinance No. 2705 -2013 — Increasing Estimated Revenues and Appropriations by $2,343.04 in the General Fund — Police Department for Justice Assistance Grant Overtime Reimbursement. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2705 -2013 Increasing Estimated Revenues and Appropriations by $2,343.04 in the General Fund — Police Department for Justice Assistance Grant Overtime Reimbursement. Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment, there being none public comment was closed. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Molloy, Marquis, Navarre City of Kenai Council Meeting Minutes Page 6 of 14 June 5, 2013 ►ice MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2013 -36 — Granting Public Water and Sewer System Exceptions to KMC 14.10.080, Minimum Improvements, for Kee's Tern Subdivision Pursuant to KMC 14.10.090, Variations and Exceptions. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -36 Granting Public Water and Sewer System Exceptions to KMC 14.10.080, Minimum Improvements, for Kee's Tern Subdivision Pursuant to KMC 14.10.090, Variations and Exceptions and Council Member Gabriel SECONDED the motion. Vice Mayor Marquis opened the floor for public comment. Kathleen Martin, Applicant — Ms. Martin spoke regarding road building variance. Ed Martin, Applicant — Mr. Martin spoke regarding road building variance. City Attorney Bloom reported an application for a variance would require a public hearing and proper notification. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Navarre MOVED to amend Resolution No. 2013 -36 by adding "Section 3. Councils action to provide for a waiver for the request for public water and sewer shall be revoked if the subdivision or individual phases of the subdivision are not complete and accepted by the City within ten (10) years of this action." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Porter, Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Porter, Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre NAY: MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2013 -37 — Awarding a Contract for the Construction of Meeks Trail Repair to Peninsula Construction for an Estimated Total Cost of $67,380. City of Kenai Council Meeting Minutes Page 7 of 14 June 5, 2013 MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -37 Awarding a Contract for the Construction of Meeks Trail Repair to Peninsula Construction for an Estimated Total Cost of $67,380 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Vice Mayor Marquis 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 May 15, 2013 Approved by 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: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. Action /Approval — Recommendations to Mayor Navarre for Appointment to the Kenai Peninsula Borough Planning and Zoning Commission. MOTION: Council Member Bookey MOVED to recommend Commissioner Phil Bryson be appointed to the Kenai Peninsula Borough Planning and Zoning Commission and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. City of Kenai Council Meeting Minutes Page 8 of 14 June 5, 2013 VOTE: There being no objections, SO ORDERED. 4. Action /Approval — Appointment to the Personnel Arbitration Board. MOTION: Council Member Molloy MOVED to appoint Carol Freas to the Personnel Arbitration Board. Council Member Boyle SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 5. Action /Approval — Collateral Assignment of Lease and Consent to Assignment of Lease for Security Purposes by the City of Kenai to Arctic Barnabas Ministries, Inc. for Lot 5, Block 5, General Aviation Apron Subdivision No. One in the Kenai Recording District, Third Judicial District, State of Alaska. MOTION: Council Member Gabriel MOVED to approve Collateral Assignment of Lease and Consent to Assignment of Lease for Security Purposes by the City of Kenai to Arctic Barnabas Ministries, Inc. for Lot 5, Block 5, General Aviation Apron Subdivision No. One in the Kenai Recording District, Third Judicial District, State of Alaska. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. Action /Approval — Approving Acceptance of a Public Access Easement and Parking Area from Kenai Landing, Inc. MOTION: Council Member Molloy MOVED to approve Acceptance of a Public Access Easement and Parking Area from Kenai Landing, Inc. Council Member Navarre SECONDED the motion. Vice Mayor Marquis opened the meeting to public comment. Michael Dye, Box 1559, Homer — Mr. Dye thanked Administration for their work on this document. City Attorney Bloom noted there could be some small changes before the final approval. MOTION TO AMEND: Council Member Molloy MOVED to approve the acceptance in form substantially similar to the document with non material changes approved by the City Attorney. Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 9 of 14 June 5, 2013 VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED. Action /Approval — Approving the Second Amendment to the Terminal Area Lease with Alaska Realty Group, Inc for Space No. 21. MOTION: Council Member Bookey MOVED to approve the Second Amendment to the Terminal Area Lease with Alaska Realty Group, Inc for Space No. 21 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections. SO ORDERED. 8. Action /Approval — Approving the First Amendment to the Terminal Area Lease with Alaska Realty Group, Inc for Space No 9. MOTION: Council Member Bookey MOVED to approve the First Amendment to the Terminal Area Lease with Alaska Realty Group, Inc for Space No 9 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections. SO ORDERED. 9. Action /Approval — Renewal of Special Use Permit to Reddi Towing & Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park. MOTION: Council Member Bookey MOVED to approve the Renewal of Special Use Permit to Redd! Towing & Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections. SO ORDERED. 10. Action /Approval — Amending the Kenai City Council Policy Commission, Committee, Board and Council on Aging Meeting and Work Sessions by Reducing the Library Commission's Meeting Schedule to Quarterly. MOTION: Council Member Molloy MOVED to approve Amending the Kenai City Council Policy Commission, Committee, Board and Council on Aging Meeting and Work Sessions by Reducing the Library Commission's Meeting Schedule to Quarterly and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections. SO ORDERED. 11. Action /Approval — Approval of Restaurant Designation Permit for Jennifer Lee, d /b /a New Peking Chinese Restaurant. City of Kenai Council Meeting Minutes Page 10 of 14 June 5, 2013 MOTION: Council Member Bookey MOVED to direct the City Clerk to advise the Alcohol Beverage Control Board the Council has no objection to their Approval of Restaurant Designation Permit for Jennifer Lee, d /b /a New Peking Chinese Restaurant and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections. SO ORDERED. 12. Discussion — Schedule Evaluations for the City Clerk, City Attorney and City Manager. The evaluations for the City Attorney and City Clerk were set for June 24 at 6:00 p.m. The evaluation for the City Manager was set for June 26 at 6:00 p.m. 13. *Ordinance No. 2706 -2013 — Accepting and Appropriating Grants in the Amount of $375,000 from the Federal Aviation Administration and $12,500 from the State of Alaska in the Airport Improvement Capital Project Fund and Appropriating $12,500 in the Airport and Airport Improvements Capital Project Fund, All for the Obstruction Tree Removal Project. Ordinance No. 2706 -2013 was introduced by consent agenda and public hearing scheduled on June 19, 2013. 14. *Ordinance No. 2707 -2013 — Accepting and Appropriating a Grant in the Amount of $90,000 from the State of Alaska for the Public. Safety Capital Project Fund. Ordinance No. 2707 -2013 was introduced by consent agenda and public hearing scheduled on June 19, 2013. 15. *Ordinance No. 2708 -2013 — Accepting and Appropriating a Grant in the Amount of $2,500,000 from the State of Alaska for the Water and Sewer Capital Project Fund. Ordinance No. 2708 -2013 was introduced by consent agenda and public hearing scheduled on June 19, 2013. 16. *Ordinance No. 2709 -2013 — Accepting and Appropriating a Grant in the Amount of $110,000 from the State of Alaska for the Public Safety Capital Project Fund. Ordinance No. 2709 -2013 was introduced by consent agenda and public hearing scheduled on June 19, 2013. 17. *Ordinance No. 2710 -2013 — Accepting and Appropriating a Grant in the Amount of $150,000 from the State of Alaska for the Personal Use Fishery Capital Project Fund. City of Kenai Council Meeting Minutes Page 11 of 14 June 5, 2013 Ordinance No. 2710 -2013 was introduced by consent agenda and public hearing scheduled on June 19, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis noted the next meeting would be June 13, 2013. 2. Airport Commission — Council Member Gabriel reported on the June 7 Peninsula Air Fair, the June 7 Open House for Lake and Peninsula Air from 11:00 to 2:00; and the June 13 work session at 6:00 p.m. prior to their regular meeting. 3. Harbor Commission — Council Member Molloy noted the June meeting had been cancelled. 4. Library Commission — Council Member Boyle reviewed the June 4 meeting, noting there would not be a Fri 5. ends of the Library book sale this summer. 6. Parks and Recreation Commission — Council Member Bookey had no report. 7. Planning and Zoning Commission — Council Member Navarre noted the next meeting would be June 12. 8. Beautification Committee — Mayor Porter noted the meeting summary was in the packet. 9. Mini -Grant Steering Committee — Mayor Porter noted the next meeting would be June 7. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Council Members were invited to tour the Pebble Mine and to contact her if they were interested in attending. • Courtney Stroh would be the new Student Representative to the Council. • Spoke at the Torch Run. • Attended Kenai Central High School graduation. • Attended Mike Seaman's funeral service. • Attended the Memorial Day service. • Coffee with the Mayor was centered on the Beaver Loop neighborhood. • Vice Mayor Marquis threw out the first ball of the season for Little League in her place. J. ADMINISTRATION REPORTS City of Kenai Council Meeting Minutes Page 12 of 14 June 5, 2013 City Manager — Koch reported the following: • The Kenai Central High School turf field would be installed this week. • Jim Cockrell was appointed to Fish and Wildlife Protection and wanted to speak to administration regarding the personal use fishery. • He would be speaking with Senator Begich regarding Bluff Erosion. • Bike Trails were repaved. • The City had been deluged with building permits. 2. City Attorney — Bloom reported he attended the Alaska Bar Association conference in Juneau; he would be out of the office the first week of July; and, there would be no need for an Executive Session regarding the Referendum Petition to Repeal Ordinance No. 2681 -2013. 3. City Clerk — Modigh reported the Referendum Petition was certified sufficient and would be on the October 2 ballot; and, she would be out of the office June 6 through 17, Deputy City Clerk Hall would be Acting Clerk. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Navarre reported he had been watching the addition of the turf field Council Member Gabriel reported he attended the Memorial Day service and thanked Airport Manager Bondurant for the Peninsula Air Fair T -shirt. Council Member Bookey thanked the Parks and Recreation Department for their work in beautifying the city. 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 and Referendum Petition to Repeal Ordinance No. 2681 -2013. MOTION: Council Member Molloy 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 attendance of the City Attorney. Council Member Bookey SECONDED the motion. VOTE: YEA: Molloy, Marquis, Boyle, Navarre, Porter, Bookey, Gabriel NAY: City of Kenai Council Meeting Minutes Page 13 of 14 June 5, 2013 PASSED UNANIMOUSLY. BREAK: 10:23 P.M. BACK TO ORDER: 11:44 P.M. Council Member Molloy reported the council met in Executive Session and gave direction to the City Attorney. M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:45 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk City of Kenai Council Meeting Minutes Page 14 of 14 June 5, 2013