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HomeMy WebLinkAbout2013-12-18 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING DECEMBER 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 December 18, 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: Mayor Pat Porter 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 Brian Gabriel Tim Navarre Mayor Porter requested the following additions to the packet: ADD TO D -5 — Resolution No. 2013 -75 Correspondence in favor of the resolution received by 14 individuals D -6 — Resolution No. 2013 -76 Supporting memorandum from Library Director Mary Jo Joiner Mayor Porter requested Item D.5 - Resolution No. 2013 -75 be addressed after Item D -1. City of Kenai Council Meeting Minutes Page 1 of 11 December 18, 2013 MOTION: Vice Mayor Marquis MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Gabriel 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. Vice Mayor Marquis 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 — None. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. Ordinance No. 2730 -2013 — Authorizing an Extension and Amendment of the Lease of Certain City -Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or Review by the Planning and Zoning Commission and Declaring an Extension and Amendment of the Lease is in the Best Interest of the City. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2730 -2013, Authorizing an Extension and Amendment of the Lease of Certain City -Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as "The Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or Review by the Planning and Zoning Commission and Declaring an Extension and Amendment of the Lease is in the Best Interest of the City. Council Member Molloy SECONDED the motion. City of Kenai Council Meeting Minutes Page 2 of 11 December 18, 2013 Mayor Porter opened the public hearing. Joe Kashi, Peninsula Art Guild Secretary — Reported the Art Guild would be renovating the building and hosting weekly events. Shauna Thornton, Peninsula Art Guild President — Thanked the City for their support. VOTE: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2013 -75 — Opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -75, Opposing the Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council Member Navarre objected to UNANIMOUS CONSENT. Mayor Porter opened the public hearing. The following people spoke in favor of the Resolution: Robert Williams, Kasilof Arni Thompson, Kenai David Martin, Clam Gulch Richard McGahan, Kenai Brent Johnson, Clam Gulch Paul Shadura, Kenai Jim Butler, Kenai Todd Smith, Kenai Paul Dale, Kenai There being no one else wishing to speak, the public hearing was closed. Council Member Gabriel declared a possible conflict of interest as he owns a set net site with his wife. Mayor Porter ruled he had no conflict and could vote on the Resolution. Council Member Bookey thanked the speakers. Council Member Marquis thanked everyone for submitting their comments electronically. City of Kenai Council Meeting Minutes Page 3 of 11 December 18, 2013 Council Member Gabriel thanked Council Member Molloy for collaborating on the resolution with him; stating he supported sound biological management. MOTION TO AMEND: Council Member Boyle MOVED to amend Resolution No. 2013 -75 in section 2 by adding "based on sound management principles" after "fisheries management ". Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: AMENDMENT PASSED UNANIMOUSLY. Council Member Navarre spoke against the timing of the Resolution. VOTE ON MAIN MOTION AS AMENDED: YEA: Boyle, Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. BREAK: 7:51 P.M. BACK TO ORDER: 7:58 P.M. Council Member Molloy MOVED to suspend the rules by moving the Lease (G -3) to be addressed as the next item of business due to lateness of time and weather condition making for deteriorating driving conditions. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 3. Action /Approval — Chamber/Visitor's Center Agreement MOTION: Vice Mayor Marquis MOVED to approve the Chamber/Visitor's Center Agreement and Council Member Bookey SECONDED the motion. VOTE: YEA: Gabriel, Marquis, Molloy, Porter, Bookey, Boyle NAY: Navarre MOTION PASSED. City of Kenai Council Meeting Minutes Page 4 of 11 December 18, 2013 4. Ordinance No. 2731 -2013 —Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two Awe Early Literacy Work Stations. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2731 -2013, Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two Awe Early Literacy Work Stations. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2732 -2013 — Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2732 -2013, Accepting and Appropriating a Grant from the US Department of Justice For the Purchase of Police Computer Forensic Software and Equipment as Part of the Internet Crimes Against Children (ICAC) Program. 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: YEA: Molloy, Navarre, Porter, Bookey, Boyle, Gabriel, Marquis NAY: MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2013 -74 — Adopting an Alternative Allocation Method for the Fy13 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. City of Kenai Council Meeting Minutes Page 5 of 11 December 18, 2013 MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -74, Adopting an Alternative Allocation Method for the Fy13 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet 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. 7. Resolution No. 2013 -76 — Approving Amendments to the Kenai Community Library Internet Safety Policy. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -76, Approving Amendments to the Kenai Community Library Internet Safety Policy 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. VOTE: There being no objections, SO ORDERED. 8. Resolution No. 2013 -77 — Authorizing the City Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal Airport. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -77, Authorizing the City Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal 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. 9. Resolution No. 2013 -78 -- Supporting Alaska Board of Fish Proposal Number 278 Requesting that the Alaska Board of Fish Prohibit Emergency Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per Day, but Allow for Increased Harvest Limits. City of Kenai Council Meeting Minutes Page 6 of 11 December 18, 2013 I Eel I Eel L, Council Member Bookey MOVED to adopt Resolution No. 2013 -78, Supporting Alaska Board of Fish Proposal Number 278 Requesting that the Alaska Board of Fish Prohibit Emergency Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per Day, but Allow for Increased Harvest Limits and requested UNANIMOUS CONSENT. Council Member Gabriel objected to UNANIMOUS CONSENT and SECONDED the motion. Mayor Porter opened the public hearing. David Martin, Clam Gulch — Spoke against increased harvest limits. There being no one else wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone to the second meeting in January and Council Member Boyle SECONDED the motion and requested UNANIMOUS CONSENT. MOTION TO AMEND POSTPONEMENT: Vice Mayor Marquis MOVED to amend the postponement by changing the date to January 2, 2014. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON POSTPONEMENT: There being no objections, SO ORDERED. 10. Resolution No. 2013 -79 — Requesting that the Alaska Department of Transportation and Public Facilities (ADOT /PF) Design and Construct a Five -Lane Roadway to Improve the Kenai Spur Highway from Milepost (M.P.) 2.8 -8.1. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -79, Requesting that the Alaska Department of Transportation and Public Facilities (ADOT /PF) Design and Construct a Five -Lane Roadway to Improve the Kenai Spur Highway from Milepost (M.P.) 2.8 -8.1. Vice Mayor Marquis SECONDED the motion. Council Member Gabriel disclosed he had a possible conflict of interest as he works for the Department of Transportation and wanted to abstain from voting. Mayor Porter honored his request. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. City of Kenai Council Meeting Minutes December 18, 2013 MOTION TO AMEND: Council member Bookey MOVED to amend Resolution No. 2013 -79 by removing the second to last whereas in its entirety. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy NAY: Navarre, Porter AMENDMENT PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2013 -79 by adding paragraph 7 "Whereas it is in the best interest of the City of Kenai for roadway improvements to be constructed that meet future traffic volumes and maintain an acceptable and safe levels -of- service through a twenty year design life; and,." Vice Mayor Marquis 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 December 4, 2013 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 — Alaska Realty Group Short Term Special Use Permit MOTION: Vice Mayor Marquis MOVED to approve the Special Use Permit and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes December 18, 2013 4. Set Work Session — Board of Fish Proposals Work session was set for January 6, 2014 at 7:30 p.m. 5. "Ordinance No. 2733 -2013 — Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Alaska State Library for Employee Travel and Training. Introduced by consent agenda and public hearing set for January 2, 2014. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the December meeting had been cancelled. 2. Airport Commission — Council Member Gabriel reported the December meeting had been cancelled. 3. Harbor Commission — Council Member Molloy reviewed the December 9 meeting, noting work on the CIP list. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey reported on the December 5 meeting, noting a request for a work session. 6. Planning and Zoning Commission — Mayor Porter reported on the December 11 meeting, noting the work session on Transitional housing. 7. Beautification Committee — Mayor Porter had no report. 8. Mini -Grant Steering Committee— Mayor Porter had no report. REPORT OF THE MAYOR Mayor Porter reported the following • Attended the Alliance meeting. • Discussed the Arctic Winter Games with representatives from the Kenaitze Tribe. • Coffee with the Mayor was well attended and Vice Mayor Marquis would attend if the Mayor could not. • City Attorney Bloom would be bringing forward an ordinance on appointment of Council Liaisons. • Attended the 10th anniversary of Home Depot. • Gave each council member a "pay it forward" gift. City of Kenai Council Meeting Minutes December 18, 2013 J. ADMINISTRATION REPORTS 1. City Manager— Koch reported the following: • The Governor's Capital Budget was out. • The last snowfall had been handled well. • Possible additions to Municipal Park for 2 — 5- year -olds were being considered. • Planning and Zoning had started work on transitional housing. • The Planning candidate would be visiting on December 19, 2013. • Information on junk vehicles would be forwarded to the Planning and Zoning Commission. 2. City Attorney — Bloom had no report. 3. City Clerk — Modigh wished everyone "Happy Holidays." K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments Paul Shadura, Kenai — Thanked the Council for their support of Resolution No. 2013- 75. 2. Council Comments Council Member Boyle thanked the City Clerk for the pen. Council Member Molloy thanked Porter for the gift and thanked everyone that had attended throughout the year to testify, including commissions, committees, and work sessions. Vice Mayor Marquis wished everyone "Happy Holidays." Council Member Bookey thanked all that evening's speakers and wished everyone "Merry Christmas." Council Member Gabriel thanked Porter for the gift; thanked those that testified; thanked the Council for their support of Resolution No. 2013 -75; and, wished everyone a "Merry Christmas." Council Member Navarre wished everyone a "Merry Christmas and Happy New Year." L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:12 p.m. City of Kenai Council Meeting Minutes Page 10 of 11 December 18, 2013 Minutes prepared and submitted by: 'tjo-" Corene Hall, CMC Deputy City Clerk City of Kenai Council Meeting Minutes December 18, 2013