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Home My WebLink About2014-03-19 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING MARCH 19, 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 19, 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 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 Mayor Porter advised of the following requested additions to the packet: D.1 -- Resolution No. 2014 -20 • Memorandum from Council Member Molloy • Amendment Memorandum G. 4 -- Ordinance No. 2744 -2014 • Memorandum from Council Member Molloy G.5 -- Mayoral Nomination and Council Confirmation of Appointing an Applicant to the Planning and Zoning Commission. • Applications Submitted by Required Deadline H.2 -- Airport Commission Report • Paint the Kenai Community Mural Project Proposed Display Locations 3. Agenda Approval MOTION: Council Member Molloy MOVED to approve the agenda including the material the Mayor noted as 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 MOTION: Vice Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being no one wishing to speak, 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 spoke in favor of the Veteran's Memorial located at the Leif Hansen Memorial Park and in opposition to the City moving the memorial or making any changes to the monument. 2. Bruce Friend, South Beach Waterfront Landowners Coalition — South Beach Access for Kenai Personal Use Dipnet Fishery. Members of the Coalition addressed Resolution No. 2014 -20 and Ordinance have vehicular traffic prohibited on tht community resources. Council to speak in favor of adopting No. 2744 -2014 and further requested to beach to protect private property and City of Kenai Council Meeting Minutes Page 2 of 9 March 19, 2014 C. UNSCHEDULED PUBLIC COMMENTS The following individuals spoke in favor of the Veteran's Memorial located in the Leif Hansen Memorial Park: David Caswell Dave Thompson Chris Garcia Paul Morrison Gregory Frite Nora Erickson John Gomulak Herb Stetler Nick Nelson Bob Myles Neil Jade Apparon Susan Diaz Joe Sawyer Mayor Porter and Council thanked all participants for their testimony and thanked the Veteran's for their services to the Country. MOTION: Council Member Navarre MOVED to suspend the rules. Council Member Gabriel SECONDED the motion. VOTE ON MOTION: YEA: Navarre, Porter, Gabriel NAY: Bookey, Boyle, Marquis, Molloy, MOTION FAILED. D. PUBLIC HEARINGS 1. 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. MOTION: Council Member Bookey MOVED to enact 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. Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. City of Kenai Council Meeting Minutes Page 3 of 9 March 19, 2014 VOTE ON MOTION: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2014 -19 — Authorizing the Use of the Equipment Replacement Fund to Purchase a Loader. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -19, authorizing the use of the equipment replacement fund to purchase a loader 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. 3. Resolution No. 2014 -20 — Recommending that the Alaska Department of Natural Resources Seasonally Close Vehicular Access on a Portion of the Section Line Easement Accessing the City's South Beach to the North of Dunes Road. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -20, recommending that the Alaska Department of Natural Resources seasonally close vehicular access on a portion of the section line easement accessing the City's south beach to the north of dunes road. 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 Resolution No. 2014 -20, Section 1 to read as follows: That the City of Kenai requests the Alaska Department of Natural Resources to close or otherwise allow the City to close, during the Kenai personal use dip net fishery, a portion of "Old Cannery Road" I (more particularly described as that portion of the section line easement common to sections 7 and 18, Township 5 North, Range 11 West, Seward Meridian, Alaska, lying West of the intersection of Old Cannery Road and Royal Street to Mean High Water of Cook Inlet) to all motorized vehicles accessing the City's South Beach, except emergency response vehicles. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 4 of 9 March 19, 2014 VOTE ON AMENDMENT: There being no objections, SO ORDERED. Discussion ensued regarding whether the City had authority to close the road; the majority of Council spoke in favor of the resolution as a recommendation to the Department of Natural Resources. VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED. 4. Resolution No. 2014 -21 — Awarding an Agreement for the Design of a New Reservoir and Replacement of a Water Main. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -21, awarding an agreement for the design of a new reservoir and replacement of a water main road and requested UNANIMOUS CONSENT. 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. *Work Session Meeting Notes of March 4, 2014 2. *Regular Meeting of March 5, 2014 3. *Special Meeting of March 6, 2014 4. *Special Meeting of March 10, 2014 All minutes were approved by the consent agenda. F. UNFINISHED BUSINESS 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. *Ordinance No. 2743 -2014 — Amending KMC 14.20.290- Appeals -Board of Adjustment, to Require Board Members to be Physically Present at Board of Adjustment Hearings in Order to Participate in Rendering a Decision or Voting on the Appeal. City of Kenai Council Meeting Minutes Page 5 of 9 March 19, 2014 Ordinance was introduced by the consent agenda and scheduled for public hearing on April 2, 2014. 4. *Ordinance No. 2744 -2014 — Enacting KMC 13.20.035- Camping, Fires and Other Activities on City Beaches, to Delineate an Area on the South Beach Where Camping, Fires and Parking is Not Permitted. Ordinance was introduced by the consent agenda and scheduled for public hearing on April 2, 2014. 5. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing an Applicant to the Planning and Zoning Commission. Mayor Porter nominated Nate Keil for appointment to the Planning and Zoning Commission. 6. Action /Approval — Mayoral Nomination and Council Confirmation of Reappointing Peggy Baxter to the Beautification Committee. Mayor Porter nominated Peggy Baxter for re- appointment to the Beautification Committee. MOTION: Council Member Bookey MOVED to confirm the nomination of Peggy Baxter to the Beautification Committee and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. 7. Action /Approval — Reschedule the May 21, 2014 City Council Meeting. Council concurred to reschedule its May 21 st meeting to Tuesday, May 201h. 8. Discussion /Action — Donation for Kenai Peninsula Hockey Association U16 Girls Hockey Team to Participate in Nationals. MOTION: Council Member Bookey MOVED to donate $250 to the U16 Girls Hockey Team and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. MOTION TO AMEND: Council Member Boyle MOVED to amend the amount from $250 to $1,000. [Clerk's note: Due to a lack of a second, the motion did not move forward.] City of Kenai Council Meeting Minutes Page 6 of 9 March 19, 2014 VOTE: There being no objections, SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the March meeting was cancelled and the next meeting scheduled was on April 10`n 2. Airport Commission — Council Member Gabriel reported on the Commission's recommendation of location to place the Paint the Kenai mural which was provided to Council as lay -down. With no objection from Council on the placement recommended by the Commission, the City Manager was directed to move forward with the project. 3. Harbor Commission — Council Member Molloy reviewed the Commissions March 17, 2014 meeting noting that new commissioner Gary Greenberg participated and that the Commission and the South Beach Coalition addressed dip net issues. 4. Library Commission — No report. 5. Parks and Recreation Commission — No report. 6. Planning and Zoning Commission — Council Member Navarre advised that the last meet was cancelled and next meeting was scheduled for March 26tH 7. Beautification Committee — Mayor Porter had no report. 8. Mini -Grant Steering Committee — Mayor Porter reported the Committee approved two mini grants: • Paint the Kenai Airport Mural (Painting Phase) — Soldotna Rotary Club • City Shop Mural (Senior Project) — Kia Youngren -Brown REPORT OF THE MAYOR Mayor Porter reported the following: • Attended a meeting regarding bed taxes • Thanked those who contributed to the Employee Appreciation event • Ideas for the Recreation Center • Deferred to Council Member Gabriel regarding a request to travel to Juneau MOTION: Vice Mayor Marquis MOVED to authorize Council Member Gabriel to attend the hearings in Juneau related to fisheries and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 7 of 9 March 19, 2014 J. ADMINISTRATION REPORTS City Manager — Koch reported the following: • Budget assembling underway • Meeting with State representatives from Fish and Game and the South Beach Coalition regarding dip net issues • Meeting in Juneau with the Senate Resource Committee and topics of discussion • Meeting with Representative Stoltze • Meeting with Senator Micciche about the south beach issues. • Advised of the scheduling conflict for the March 24`h snow removal work session Council Member Navarre exited the meeting at 9:07p. Council concurred to have the snow removal discussion added to the budget work session on the April 23rtl meeting. 2. City Attorney — reported he'd be testifying on Senate Bill 116 and House Bill 270 3. City Clerk —no report Mayor thanked the Clerk for her work while being short staffed. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — Kate Tea, Kenai resident, thanked Council for their efforts on the south beach, spoke in favor of the closure of the road, and requested Council keep chipping away at the dip net fishery issues as the resource is begin eliminated. Tom Lamansky, Kenai resident, thanked Council for listening to residents and expressed concerns with the traffic on Cannery Road. Bruce friend, Kenai resident, spoke on behalf of the South Beach Coalition. 2. Council Comments Council Member Boyle thanked all that participated in the meeting for their comments. Council Member Molloy welcomed the new Fire Chief, thanked those who addressed Council, and commended the Coalition for their efforts. Vice Mayor Marquis thanked the Coalition for their efforts on the south beach, thanked all that spoke and stated that no one on Council was offended or requested to have any changes made to the memorial. City of Kenai Council Meeting Minutes Page 8 of 9 March 19, 2014 Council Member Bookey thanked all that attended the meeting and spoke, advised noted his decisions are made in the best interest of the city of Kenai, and welcomed Chief Tucker back on the Peninsula. Council Member Gabriel thanked those who attended the meeting and participated, welcomed Chief Tucker, and noted he enjoyed the employee appreciation event. L. EXECUTIVE SESSION — None Scheduled M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:27 p.m. Minut repared and submitted by: I Sandr M (Yd' �WliN City CI City of Kenai Council Meeting Minutes Page 9 of 9 March 19, 2014