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HomeMy WebLinkAbout2013-09-18 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 18, 2013 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 18, 2013, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 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 Mike Boyle comprising a quorum of the Council. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Corene Hall, Deputy City Clerk 3. Agenda Approval Vice Mayor Ryan Marquis Tim Navarre Brian Gabriel Mayor Porter read the following additions to the packet: ADD TO: D -1: Substitute Ordinance No. 2720 -2013 • Memorandum • Memorandum Requesting Amendments to the Substitute Ordinance D -3: Resolution No. 2013 -63 • Supporting Correspondence from Riverside Assisted Living Soldotna, Inc. • Supporting Correspondence from Assisted Living Association of Alaska G -2: Purchase Orders Exceeding $15,000 • Substitute Memorandum from Public Works Director 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 Molloy SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, 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 Joseph Jolly, President of Kenai Senior Connection, Inc. — Donation of a New Meals on Wheels Van to the City of Kenai. Mr. Jolly reviewed the history of Meals on Wheels in Kenai, and presented the City of Kenai with a new van. A break was taken to go outside and view the new van, and for Mr. Jolly to present the Mayor with the keys to the new van. BREAK: 7:09 p.m. BACK TO ORDER: 7:21 p.m. C. UNSCHEDULED PUBLIC COMMENTS City of Kenai Council Meeting Minutes Page 2 of 9 September 18, 2013 Mayor Porter reported she and her husband purchased the winning mural from the Paint the Kenai competition and as a donation presented it to City Clerk Modigh to be displayed at City Hall. D. PUBLIC HEARINGS 1. Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. • Substitute Ordinance No. 2720 -2013 — Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project and Awarding the Project. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2720 -2013, Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak public hearing was closed. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend by Substitute Ordinance No. 2720 -2013, Accepting and Appropriating Grants from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project and Awarding the Project. Council Member Gabriel SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Vice Mayor Marquis MOVED to amend by: • Amend the 51h WHEREAS clause to read as follows: Northwest Contracting, Inc. dba Pacific Asphalt was low bidder and the FAA concurs and approves the award of the Airport Making Project to Northwest Contracting, Inc. dba Pacific Asphalt; and, • Amend the 6`h WHEREAS clause to read as follows: the FAA has indicated that the entire project estimated at $278,366 will be eligible for reimbursement (93.75% FAA and 6.25% split between the State of Alaska Department of Transportation and the City of Kenai); and' • Amend the 7`h WHEREAS clause to read as follows: Ordinance No. 2639 -2012 provides Airport funds in the amount of $20,000 for initial engineering and design which will satisfy the Airport's required match of $8,699 for acceptance of both the FAA and State of Alaska Department of Transportation grants. • Amend Section 2 to read as follows: That the City Manager is authorized to accept grants from the Federal Aviation Administration and the State of Alaska in the amounts of $260,968 and $8,699 for the Kenai Municipal Airport's Airfield City of Kenai Council Meeting Minutes Page 3 of 9 September 18, 2013 Marking Project and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. • Amend Section 3 to read as follows: That the estimated revenues and appropriations be increased as follows: Airport Improvement Capital Fund Increase Estimated Revenues: Federal Grant $260,968 State Grant 8,699 $269,667 Increase Appropriations: Construction $269,667 VOTE ON AMENDMENT: YEA: Porter, Boyle, Bookey, Gabriel, Molloy, Marquis, Navarre NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON SUBSTITUTE AS AMENDED: YEA: Boyle Bookey, Gabriel, Molloy, Marquis, Navarre, Porter NAY: PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter, Boyle NAY: PASSED UNANIMOUSLY. 2. Ordinance No. 2721 -2013 — Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2721 -2013, Accepting and Appropriating a Grant from the National Aeronautics and Space Administration for Employee Travel and Training. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak public hearing was closed. City of Kenai Council Meeting Minutes Page 4 of 9 September 18, 2013 VOTE: YEA: Gabriel, Molloy, Marquis, Navarre, Porter, Boyle, Bookey NAY: PASSED UNANIMOUSLY. 3. Resolution No. 2013 -62 — Accepting the Donation of a 2013 Ford Transit from the Kenai Senior Connection, Inc. to be Used as a Meals -On- Wheels Delivery Van. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -62, Accepting the Donation of a 2013 Ford Transit from the Kenai Senior Connection, Inc. to be Used as a Meals -On- Wheels Delivery Van and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak public hearing was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2013 -63 — Opposing Proposed Changes to Regulations that Substantially Decrease the Medicaid Daily Service Payment Rates for Privately Owned and Operated Assisted Living Facilities. Council Member Molloy advised he might have a conflict of interest as he worked for some of the assisted living facilities in the community. City Attorney Bloom felt there was no conflict of interest and the Mayor concurred. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -63, Opposing Proposed Changes to Regulations that Substantially Decrease the Medicaid Daily Service Payment Rates for Privately Owned and Operated Assisted Living Facilities. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing. Sherry Mettler, Northern Lighthouse Assisted Living — Ms. Mettler spoke in favor of the resolution, requesting the addition of a hold harmless clause. (Clerk's Note: Council held a brief at ease at 7:41 p.m.) Cory Castagneto, Riverside Assisted Living — Mr. Castagneto spoke in favor of the resolution. Mayor Porter passed the gavel to Vice Mayor Marquis City of Kenai Council Meeting Minutes Page 5 of 9 September 18, 2013 MOTION TO AMEND: Mayor Porter MOVED to amend Resolution No. 2013 -63 by inserting the following whereas clause after the existing 15th whereas clauses: WHEREAS, the decrease in payment rates to private operators coupled with the increase in rates to state government owned providers creates an unfair competitive advantage in favor of the state in providing the same services that private industry can and is willing to provide; and,. Council Member Gabriel SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend Section 1 by adding after "State of Alaska" "and require that the department default to the hold harmless rates of July 1, 2013." Council Member Boyle SECONDED the motion. With the concurrence of Boyle, Council Member Molloy withdrew his motion. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2013 -63 by adding a new section 2 and renumbering the remaining sections: Section 2. That the City of Kenai requires the department default to the hold harmless rates of July 1, 2013. Council Member Boyle SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Gabriel MOVED to amend by adding sponsorship of the Mayor and Council Members. Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED. E. MINUTES 1. 'Regular Meeting of September 4, 2013 2. 'Work Session of September 10, 2013 All minutes and notes were approved by the consent agenda. City of Kenai Council Meeting Minutes Page 6 of 9 September 18, 2013 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified Approved by consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000 Approved by consent agenda. 3. *Action /Approval — 2013 Election Precinct Boards Approved by consent agenda. 4. *Action/ Approval — Easement to Homer Electric Association, Inc. for the purpose of Maintaining Underground Electrical Lines Situated Within Kenai Spit Subdivision According to Plat Number 89 -12, Section 33, Township 5 North, Range 11 West, Seward Meridian, Alaska. Approved by consent agenda. 5. Action /Approval — Mayoral Nomination and Council Confirmation of Applicant to the Parks & Recreation Commission. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination of Noel Widmayer as a Parks and Recreation commissioner and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. *Ordinance No. 2722 -2013 — Amending Kenai Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References to State Statute. Introduced by consent agenda and public hearing set for October 2, 2013. *Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai Senior Connection to the City. Introduced by consent agenda and public hearing set for October 2, 2013. H. COMMISSION /COMMITTEE REPORTS City of Kenai Council Meeting Minutes Page 7 of 9 September 18, 2013 1. Council on Aging — Vice Mayor Marquis reported the next meeting would be October 10, 2013. 2. Airport Commission — Council Member Gabriel had no report. 3. Harbor Commission — Council Member Molloy had no report. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey reported the commission met at Beaver Creek Park on October 9, then met in City Hall where there was no quorum. 6. Planning and Zoning Commission — Council Member Navarre reported on the September 11 meeting. 7. Beautification Committee — Mayor Porter noted the September 16 meeting did not have quorum. 8. Mini -Grant Steering Committee— Mayor Porter had no report. REPORT OF THE MAYOR Mayor Porter reported the following J. • Attended the Beaver Creek Park work session. • Welcomed White Crane Academy to the City. • Attended the Paint the Kenai Reception. • Thanked Vice Mayor Marquis for attending Brett Reid's Retirement Potluck in her place. • Attended the Food Bank Soup Supper. • Hosted six to seven people at Coffee with the Mayor. 1. City Manager — Koch reported the following: • Thanked the Council for the Capital Improvement Project List work session. • Inconsistencies in an article regarding the DOT work session were cleared up. • Finance Department would be hosting auditors next week. • He would be out of the office September 19 — October 2. 2. City Attorney — Bloom had no report. 3. City Clerk — Modigh reported Absentee in Person Voting was available Monday — Friday from 8:00 a.m. to 5:00 p.m. through election Day. K. ADDITIONAL PUBLIC COMMENT City of Kenai Council Meeting Minutes Page 8 of 9 September 18, 2013 1. Citizens Comments — None. 2. Council Comments MOTION: Navarre MOVED to fund up to 7 Planning and Zoning Commissioners to attend training in Anchorage in November and Council Member Gabriel SECONDED the motion. Navarre withdrew his motion with concurrence of the second. Navarre thanked the Senior Connection for the van donation and noted he would attend the September 19 ASAP meeting at no cost to the City. Gabriel thanked Administration for their work on the CIP work session and thanked the Senior Connection for the van donation. Bookey thanked the Senior Connection for the van donation; noted development of the trails; and, noted the Kenai Fire Department hosted a class recently on water rescue. Marquis thanked the Senior Connection for the van donation; thanked the members of the public that testified; and, thanked Molloy for bringing the resolution forward. Molloy thanked the council for their support of Resolution No. 2013 -63; thanked presenters for their comments, thanked the Senior Connection for the van donation; and, thanked Parks and Recreation Commissioner for her service on her retirement from the commission. Boyle echoed the thank yous of all the council members. L. EXECUTIVE SESSION — None M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:17 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy'City Clerk City of Kenai Council Meeting Minutes Page 9 of 9 September 18, 2013 9