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Home My WebLink About2013-10-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING OCTOBER 16, 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 October 16, 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 Brian Gabriel comprising a quorum of the Council. Also in attendance were: " *Courtney Stroh, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Corene Hall, Deputy City Clerk 3. Certification of Election Vice Mayor Ryan Marquis Terry Bookey Mike Boyle City Clerk Modigh reviewed the Certificate of Election. MOTION: Council Member Molloy MOVED to certify the election of October 1, 2013. Council Member Bookey SECONDED the motion. VOTE: YEA: Porter, Bookey, Boyle, Gabriel. Marquis, Molloy NAY: Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 4. Administer Oaths of Office City Clerk Modigh administered the oath of office to Mayor Porter, Council Member Bookey, and Council Member Gabriel and they resumed their seats on the dais. 5. Election of Vice -Mayor MOTION: Council Member Gabriel MOVED to nominate Ryan Marquis as Vice Mayor and Council Member Bookey SECONDED the motion. Council Member Boyle MOVED to nominate Robert Molloy as Vice Mayor and Council Member Marquis SECONDED the motion. City Clerk Modigh tallied the vote; with 4 votes, Ryan Marquis was elected Vice Mayor. 6. Agenda Approval Mayor Porter read the following change to the packet: ADD TO: D -3: Resolution No. 2013 -68: inclusion of amended page 4 of 4 of the SFY 2015 CIP Priorities revising the description of the Kenai Spur Highway — Supplemental Appropriation. MOTION: Council Member Gabriel MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 7. Consent Agenda MOTION: Council Member Molloy requested removing G -3 from the consent agenda then MOVED to approve the consent agenda. Vice Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. 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 City of Kenai Council Meeting Minutes Page 2 of 8 October 16, 2013 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. 2724 -2013 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2724 -2013, Accepting and Appropriating Funds Forfeited to the Kenai Police Department. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy NAY: " *Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2013 -67 — Supporting the Selection of the Nikiski Area for The Proposed Alaska LNG Project's Natural Gas Liquefaction Plant And Terminal By ExxonMobil, BP, ConocoPhillips and TransCanada. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -67, Supporting the Selection of the Nikiski Area for The Proposed Alaska LNG Project's Natural Gas Liquefaction Plant And Terminal By ExxonMobil, BP, ConocoPhillips and TransCanada and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend by striking "including enhances" and inserting "including enhancement of in the last whereas and Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 3 of 8 October 16, 2013 VOTE ON AMENDMENT: YEA: Boyle, Gabriel, Marquis, Molloy, Porter, Bookey NAY: Student Representative Stroh: YEA AMENDMENT PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: VOTE: There being no objections, SO ORDERED. 3. Resolution No. 2013 -68 — Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2015. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -68, Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2015. Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION TO AMEND: Council Member Bookey MOVED to amend by substitution of page 4 of 4 provided as a lay down and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend by adding "that the City of Kenai" before "adopts" in the Now, Therefore statement. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON MAIN MOTION AS AMENDED: VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2013 -69 — Awarding a Contract to Alaska Sure Seal for Snowplowing Services at the Kenai Airport. City of Kenai Council Meeting Minutes Page 4 of 8 October 16, 2013 MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -69, Awarding a Contract to Alaska Sure Seal for Snowplowing Services at the Kenai Airport and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. `Regular Meeting of October 2, 2013 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000 Approved by the consent agenda. 3. Action/ Approval — Lease of Airport Land Outside of the Airport Reserve Identified as Lot 8, Kenai Industrial Park Subdivision, Section 8, Township 5 North, Range 11 West, Seward Meridian, Alaska to Buccaneer Alaska Operations, LLC for a Term of 30 Years Effective November 1, 2013. MOTION: Council Member Molloy MOVED to approve of the Lease of Airport Land Outside of the Airport Reserve Identified as Lot 8, Kenai Industrial Park Subdivision, Section 8, Township 5 North, Range 11 West, Seward Meridian, Alaska to Buccaneer Alaska Operations, LLC for a Term of 30 Years Effective November 1, 2013. Vice Mayor Marquis SECONDED the motion. Molloy requested a report from Administration. City Manager Koch reported there were no differences in condition or use of wells on the site and the intent is for use only by Buccaneer. VOTE: YEA: Gabriel, Marquis, Molloy, Porter, Bookey, Boyle City of Kenai Council Meeting Minutes Page 5 of 8 October 16, 2013 NAY: Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 4. *Ordinance No. 2725 -2013 — Accepting and Appropriating a Grant from the Rasmuson Foundation in the Amount of $21,376 and Matching Funds in the Amount of $10,000 from the Friends of the Kenai Community Library and $1,000 from the Totem Tracers Genealogical Society for the Purchase of Equipment and Furnishings at the Library. Introduced by consent agenda and public hearing set for November 6, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis noted the next meeting would be November 7, 2013. 2. Airport Commission — Vice Mayor Marquis reported on the October 10 meeting, where the Master Plan was discussed. 3. Harbor Commission — Council Member Molloy reported on the October 7 meeting, noting a request to move the November meeting from the 11 `h to the 25th. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey had no report. 6. Planning and Zoning Commission — No report. 7. Beautification Committee — Mayor Porter noted minutes would be in the next packet. 8. Mini -Grant Steering Committee— Mayor Porter had no report. REPORT OF THE MAYOR Mayor Porter reported the following: • Presented a Proclamation on Domestic Violence Awareness Month at LeeShore Center. • Thanked the City Clerk for requesting everyone wear pink for Breast Cancer Awareness Month. J. ADMINISTRATION REPORTS 1. City Manager — Koch reported the following: • Finalizing the Dip Net Report. • Would set a work session on the Dip Net Report at a future meeting. City of Kenai Council Meeting Minutes Page 6 of 8 October 16, 2013 • Met with Legislators regarding charging a fee for personal use fishery permits. • Thanked the Council for the work session on the CIP list. • Noted the heated sidewalks would be rebid in the spring. • In the process of hiring a City Planner. • Congratulated Mayor and Mr. Porter on their son's retirement and thanked him for his service to our country. 2. City Attorney — Bloom had no report a. Options for Moving Forward with the Comprehensive Plan Following Results of Proposition No. 1. 3. City Clerk — Modigh thanked the election officials and canvass board, and congratulated those elected. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Student Representative Stroh reported on the Leadership Class's plans for Red Ribbon Week. Vice Mayor Marquis thanked the Council for being reelected Vice Mayor, and suggested the City pay for and install Neighborhood Watch signs. Council Member Molloy thanked the voters that turned out on Election Day and congratulated the winners. Council Member Boyle had no report. Council Member Gabriel congratulated the Vice Mayor on his reelection and thanked him for attending the Airport Commission. Council Member Bookey congratulated election winners. L. EXECUTIVE SESSION — Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the City and Matters Which are Subject to Attorney Client Privilege Regarding Litigation Involving Cook Inlet Natural Gas Storage Alaska (CINGSA) — Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] MOTION: Vice Mayor Marquis MOVED the Council convene into Executive Session — Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the City and Matters Which are Subject to Attorney Client Privilege City of Kenai Council Meeting Minutes Page 7 of 8 October 16, 2013 Regarding Litigation Involving Cook Inlet Natural Gas Storage Alaska (CINGSA) — Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(1)] and requested attendance by the City Attorney, City Manager and City Clerk. Council Member Bookey SECONDED the motion. VOTE: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy NAY: MOTION PASSED UNANIMOUSLY. Vice Mayor Marquis reported Council met in Executive Session and received a report from the City Attorney. M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:26 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City 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 Page 8 of 8 October 16, 2013