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Home My WebLink About2014-03-05 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING MARCH 5, 2014 — 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 March 5, 2014, 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 (telephonic) comprising a quorum of the Council. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Vice Mayor Ryan Marquis Brian Gabriel Tim Navarre (telephonic) Mayor Porter advised of the following additions to the packet: F.1 -- Ordinance No. 2734 -2014 • Memorandum from City Clerk J.1 --City Manager Report • Memorandum Regarding Kenai River Bluff Erosion Stabilization 3. Agenda Approval MOTION: Council Member Molloy MOVED to approve the agenda including the material the Mayor noted at lay down additions to the packet and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Mayor Porter advised that Administration requested to have the following removed from the consent agenda: G.2 -- Purchase Orders Exceeding $15,000 • Memorandum from City Manager MOTION: Council Member Bookey MOVED to approve the consent agenda with removal of the Purchase Order's exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel 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 1. Bob Myles, Kenai Resident — Veteran's Memorial at Leif Hansen Memorial Park. Mr. Myles was not in attendance to provide his public comments. C. UNSCHEDULED PUBLIC COMMENTS Bruce Friend, Kenai — provided material to Council containing correspondence from several individuals from the South Beach Landowners Coalition regarding closure of the south side of the beach. D. PUBLIC HEARINGS 1. Ordinance No. 2741 -2014 — Amending Kenai Municipal Code 1.90.010 - Creation, to Provide for Council Liaisons, Instead of Council Ex Officios and Council Consultants, to Boards, Commissions, and Committees, and Other Clarifying Amendments. City of Kenai Council Meeting Minutes Page 2 of 8 March 5, 2014 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2741 -2014, amending Kenai Municipal Code 1.90.010 - Creation, to Provide for Council Liaisons, Instead of Council Ex Officios and Council Consultants, to Boards, Commissions, and Committees, and other clarifying amendments. 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 ON MOTION: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle NAY: MOTION PASSED UNANIMOUSLY. Resolution No. 2014 -18 — Authorizing a Budget Transfer within the General Fund from Non Departmental - Contingency to Non - Departmental - Insurance for Payment of Insurance Litigation Deductibles. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -18, authorizing a budget transfer within the General Fund from Non Departmental - Contingency to Non - Departmental - Insurance for payment of insurance litigation deductibles and 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: There being no objections, SO ORDERED E. MINUTES 1. 'Regular Meeting of February 19, 2014 Approved by the consent agenda. F. UNFINISHED BUSINESS 1. Ordinance No. 2734 -2014 — Enacting Kenai Municipal Code 14.25.025 Telephonic Participation at Planning and Zoning Meetings, to Allow for Limited Telephonic Participation at Planning and Zoning Commission Meetings by Commissioners. [Clerk's Note: Ordinance was postponed at the February 19'h meeting and a motion to approve is on the floor.] Mayor Porter passed the gavel to Vice Mayor Marquis in order to make the following motions: City of Kenai Council Meeting Minutes Page 3 of 8 March 5, 2014 MOTION TO AMEND: Mayor Porter MOVED to amend subsection (a) to read as follows: Except as otherwise provided in subsection (e), if at least a quorum is physically present at a Commission meeting, other commissioners may participate via telephone in the commission meeting, if the commissioner declares circumstances prevent physical attendance at the meeting. If the chair chooses to participate via telephone, the vice chair shall preside. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Mayor Porter MOVED to amend subsection (e) to read as follows: A commissioner participating by telephone shall be counted as present for purposes of discussion and voting except for matters and agenda items appealable to the Board of Adjustment. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend subsection (f) to read as follows: The commissioner participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member except for matters and agenda items appealable to the Board of Adjustment. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. (Clerk's Note: The motion made to amend subsection (t) should have been subsection (g). The ordinance will be amended accordingly.] VOTE ON AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend subsection (n) by reducing the number of telephonic meetings from a 4 to 2 meeting maximum. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Marquis, Molloy, Bookey, Boyle NAY: Gabriel, Porter, Navarre MOTION PASSED. City of Kenai Council Meeting Minutes Page 4 of 8 March 5, 2014 VOTE ON MAIN MOTION AS AMENDED: YEA: Marquis, Molloy, Bookey, Boyle, Gabriel, Porter, Navarre NAY: MOTION PASSED UNANIMOUSLY. Vice Mayor Marquis passed the gavel back to Mayor Porter. G. NEW BUSINESS *Action /Approval — Bills to be Ratified Approved by the consent agenda. 2. Action /Approval — Purchase Orders Exceeding $15,000 MOTION T: 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. 3. Action /Approval — Application for Restaurant Designation Permit Filed by Pink Coyote Limited, D /B /A Main Street Tap & Grill, License #4555. MOTION: Council Member Bookey MOVED to direct the City Clerk to forward letters to the Alcoholic Beverage Control Board advising that the City has no objection to the liquor license renewals for the afore - described liquor licensees. Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 4. Action /Approval — Amending the Kenai City Council Policy Commission, Committee, Board and Council on Aging Meeting and Work Sessions by Increasing the Parks & Recreation Commission's Meeting Schedule to Monthly, Excluding the Month of July. MOTION: Council Member Bookey MOVED to approve the amendment to the Kenai City Council Policy Commission, Committee, Board and Council on Aging Meeting and Work Sessions by increasing the Parks & Recreation Commission's meeting schedule to monthly, excluding the month of July and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 5 of 8 March 5, 2014 5. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Gary Greenberg to the Harbor Commission. Mayor Porter nominated Gary Greenberg for appointment to the Harbor Commission. MOTION: Council Member Molloy MOVED to confirm the nomination of Gary Greenberg to the Harbor Commission. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 6. *Ordinance No. 2742 -2014 — Appropriating a State of Alaska Municipal Matching Grant and Required Local Match for the Replacement of a Failing 12" Asbestos /Concrete Water Main. Ordinance No. 2742 -2014 was introduced by the consent agenda and public hearing scheduled on March 19, 2014. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the March meeting was cancelled. 2. Airport Commission — Council Member Gabriel advised the next meeting would be on March 14, 2014. 3. Harbor Commission — Council Member Molloy reported the regularly scheduled March meeting had been rescheduled for March 17th 4. Library Commission — No report. 5. Parks and Recreation Commission — No report. 6. Planning and Zoning Commission — Council Member Navarre reviewed the meeting minutes provided in the packet. 7. Beautification Committee — Mayor Porter had no report. 8. Mini -Grant Steering Committee — Mayor Porter had no report. 1. REPORT OF THE MAYOR Mayor Porter reported the following: • Attended the Winter AML Conference. • Travel to Washington D.C. in efforts to lobby for the City's Bluff Erosion Project. • Attended the first meeting of the Mural Project at the Airport. City of Kenai Council Meeting Minutes Page 6 of 8 March 5, 2014 • A mini -grant application is going to be submitted to complete the mural at the new city shop. • Requested Administration forward a copy of the 2013 Dip Net report to the Board of Fish. • Requested the Board of Fish visit Kenai during Dip Net season. • Requested reimbursement for travel to Anchorage to represent the City for the Rustic Goat opening. MOTION: Council Member Bookey MOVED to reimburse the Mayor for expenses incurred for her trip to Anchorage to represent the City at the opening of the Rustic Goat. Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. J. ADMINISTRATION REPORTS 1. City Manager — Koch reported the following: • Reported on House Bill 166. • Testified on the reduction of funds for State Revenue Sharing. • Travel to Washington D.C. in efforts to lobby for the City's Bluff Erosion Project. • Will be out of the office on vacation from April 5 -22. Council concurred to schedule a budget work session on April 23 at 6p to be held at the Library. A second budget work session was scheduled on April 26 at 10a, if needed. Council requested the City Clerk add an agenda item to the March 19th to reschedule the May 21st meeting due to graduation. 2. City Attorney — No report. 3. City Clerk — advised of the Planning & Zoning Commission vacancy and the deadline of March 13th for application submissions. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Molloy thanked Mr. Friend for participating in the meeting, thanked the Clerk for the research she provided and thanked those who traveled to D.C. on behalf of the City. Vice Mayor Marquis echoed Molloy's comments. Council Member Bookey echoed Molloy's comments. City of Kenai Council Meeting Minutes March 5, 2014 Council Member Gabriel echoed Molloy's comments. Council Member Boyle reported on his attendance at the Winter AML Conference. EXECUTIVE SESSION — None Scheduled M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:14 p.m. Minu 'Prepared and submitted by: XW WK Sand a Podibh, CKW City ddrk City of Kenai Council Meeting Minutes Page 8 of 8 March 5, 2014