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Home My WebLink About2014-04-02 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING APRIL 2, 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 (telephonic) Terry Bookey Mike Boyle comprising a quorum of the Council. Also in attendance were: "Courtney Stroh, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Corene Hall, Deputy City Clerk 3. Agenda Approval Vice Mayor Ryan Marquis Brian Gabriel Tim Navarre Mayor Porter read the following additions and changes to the agenda: ADD TO: Executive Session • Discussion of City of Kenai Health Insurance Renewal Rates, AS 44.65.310(C)(1) ADD TO: D -3: Resolution No, 2014 -22 • Correspondence from American Center for Law and Justice • Correspondence from Americans United for Separation of Church and State • Picture of the Veteran's Memorial at Leif Hansen Memorial Park J -1 City Manager's Report • Beaver Loop Road Improvements & Pathway Design • City of Kenai Senate Resources Presentation MOTION: Council Member Bookey MOVED to approve the amended 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 Council Member Navarre requested removal of Ordinance No. 2747 -2014 and Ordinance No. 2748 from the consent agenda. MOTION: Vice Mayor Marquis MOVED to approve the consent agenda as amended 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. Fred Braun & Brendyn Shiflea — Kenai Chamber of Commerce and Visitors Center Sign /Marquee Proposal. Mr. Braun spoke regarding a proposed sign for placement at the Kenai Chamber of Commerce and Visitors Center. Council requested he work with Administration to bring it forward during the budget. City of Kenai Council Meeting Minutes Page 2 of 10 April 2, 2014 C. UNSCHEDULED PUBLIC COMMENTS D. PUBLIC HEARINGS 1. 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. MOTION: Council Member Bookey MOVED to enact 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. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council Members Molloy, Bookey, Gabriel and Navarre spoke in favor of the Ordinance. VOTE ON MOTION: YEA: Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: Porter *"Student Representative Stroh: YEA MOTION PASSED. 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. MOTION: Council Member Navarre MOVED to enact 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. 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 Bookey MOVED to amend by inserting "the following is prohibited:" after "other City interests" in section 13.20.035 subsection (a) and striking "is prohibited" in section (a)(1). Vice Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections SO ORDERED. City of Kenai Council Meeting Minutes Page 3 of 10 April 2, 2014 VOTE ON MAIN MOTION AS AMENDED: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2014 -22 — Affirming its Support of the Veteran's Memorial in Leif Hansen Memorial Park. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -22, Affirming its Support of the Veteran's Memorial in Leif Hansen Memorial Park. 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 POSTPONE INDEFINITELY: Council Member Boyle MOVED to postpone indefinitely and Vice Mayor Marquis SECONDED the motion. VOTE ON MOTION: YEA: Marquis, Molloy, Boyle, Bookey NAY: Gabriel, Navarre, Porter "Student Representative Stroh: YEA MOTION PASSED. 4. Resolution No. 2014 -23 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes for the 2014 Personal Use Fishery. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -23, Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes for the 2014 Personal Use Fishery. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION TO AMEND: City of Kenai Council Meeting Minutes Page 4 of 10 April 2, 2014 Council Member Boyle MOVED to amend the resolution by striking "Personal Use Fishery Vehicle /ATV Drop -off or Pick -Up (30 minutes maximum) and "$10.00" from the last line of the Parks and Recreation Fees. Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: YEA: Marquis, Molloy, Navarre, Boyle, Bookey NAY: Porter, Gabriel "Student Representative Stroh: YEA AMENDMENT PASSED. VOTE ON MAIN MOTION AS AMENDED: YEA: Molloy, Navarre, Porter, Boyle, Bookey, Gabriel NAY: Marquis "Student Representative Stroh: YEA MOTION PASSED. E. MINUTES 1. *Regular Meeting of March 19, 2014 Approved by the consent agenda. 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 — Approving City Manager FY2015 Compensation to Include the Same Percentage Cost of Living Allowance Increase Provided to City Employees, Effective July 1, 2014. Approved by the consent agenda. 4. *Action /Approval — Approving City Attorney FY2015 Compensation to Include the Same Percentage Cost of Living Allowance Increase Provided to City Employees Plus a 3% Merit Increase, Effective July 1, 2014. Approved by the consent agenda. City of Kenai Council Meeting Minutes Page 5 of 10 April 2, 2014 5. *Action /Approval — Approving City Clerk FY2015 Compensation to Include the Same Percentage Cost of Living Allowance Increase Provided to City Employees Plus a 2% Merit Increase, Effective July 1, 2014. Approved by the consent agenda. 6. *Ordinance No. 2745 -2014 — Accepting and Appropriating $4,693.06 in Asset Forfeiture Sharing Funds Received for the City's Participation with The Alaska State Troopers, Alaska Bureau of Investigation - Statewide Drug Enforcement Unit. Ordinance was introduced by the consent agenda and scheduled for public hearing on April 16, 2014. 7. *Ordinance No. 2746 -2014 — Appropriating Funds for the Purchase of a 2014 Ford Interceptor Sedan to Replace the Sedan Totaled During a Traffic Stop on March 8, 2014 and Authorizing the Purchase through the State of Alaska Equipment Fleet Contract. Ordinance was introduced by the consent agenda and scheduled for public hearing on April 16, 2014. Ordinance No. 2747 -2014 — Amending Kenai Municipal Code 1.15.040 - Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least One Council Member. MOTION: Council Member Navarre MOVED to introduce Ordinance No. 2747 -2014, Amending Kenai Municipal Code 1. 15.040 - Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least One Council Member. Vice Mayor Marquis SECONDED the motion. MOTION TO POSTPONE: Council Member Boyle MOVED to postpone the public hearing to the May 201h meeting and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 9. Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. MOTION: City of Kenai Council Meeting Minutes Page 6 of 10 April 2, 2014 Vice Mayor Marquis MOVED to introduce Ordinance No. 2748 -2014, Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. Council Member Bookey SECONDED the motion. MOTION TO POSTPONE: Council Member Boyle MOVED to postpone the public hearing to the May 20th meeting. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT VOTE: There being no objections, SO ORDERED. 10. *Ordinance No. 2749 -2014 — Enacting KMC 11.05.100 -No Wake Zones, Authorizing the City Manager to Establish No Wake Zones in the Kenai Harbor as Needed for Public Safety and /or to Protect Public and Private Property. Ordinance was introduced by the consent agenda and scheduled for public hearing on April 16, 2014. 11. Action /Approval — Council Confirmation of Mayor's Nomination to Appoint Nate Kiel to the Planning and Zoning Commission. MOTION: Vice Mayor Marquis MOVED to confirm the Mayor's nomination to appoint Nate Kiel to the Planning and Zoning Commission and Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 12. Action /Approval — Approving the City Manager's Amended Employment Agreement. (Clerk's Note: Council may enter into executive session to further discuss this matter pursuant to Alaska Statutes 44.62.310(C)(2)j. MOTION: Vice Mayor Marquis MOVED to approve the City Manager's Amended Employment Agreement. Council Member Bookey SECONDED the motion. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend the City Manager's Employment Agreement by subject to the terms that any future increases in compensation beginning in FY2016 will be based solely at the discretion of the Council, including any merit increase, cost of living increase or bonuses. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. MOTION TO MOVE INTO EXECUTIVE SESSION: City of Kenai Council Meeting Minutes Page 7 of 10 April 2, 2014 Council Member Boyle MOVED to enter into Executive Session pursuant to Alaska Statutes 44.62.310(C)(2) and requested the City Attorney attend. Vice Mayor Marquis SECONDED the motion. VOTE: YEA: Navarre, Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Porter MOTION PASSED. BREAK: 9:01 P.M. BACK TO ORDER: 9:15P.M. Vice Mayor Marquis reported the Council met in Executive Session and clarified the City Manager's Contract. VOTE: There being no objections, SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Navarre NAY: Molloy MOTION PASSED. 13. Action /Approval — Consent to Assignment of Lease for Lot 7, Block 5, General Aviation Apron, Kenai Recording District from Jacqueline Ann Swanson to Swanson Properties, LLC. MOTION: Council Member Bookey MOVED to approve the Consent to Assignment of Lease for Lot 7, Block 5, General Aviation Apron, Kenai Recording District from Jacqueline Ann Swanson to Swanson Properties, LLC. and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 14. Action /Approval — Consent to Assignment of Lease for Lot 6, Block 5, General Aviation Apron, Kenai Recording District from Jacqueline Ann Swanson to Swanson Properties, LLC. MOTION: City of Kenai Council Meeting Minutes Page 8 of 10 April 2, 2014 Council Member Bookey MOVED to approve the Consent to Assignment of Lease for Lot 6, Block 5, General Aviation Apron, Kenai Recording District from Jacqueline Ann Swanson to Swanson Properties, LLC. and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 15. Discussion — City Council Policy's on Council Member Travel and Gifting. General discussion occurred. Council requested the City Attorney bring back a resolution to approve the policy. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the next meeting would be April 10, 2014. 2. Airport Commission — Council Member Gabriel reported the next meeting would be April 10, 2014. 3. Harbor Commission — Council Member Molloy reported the next meeting would be April 7, 2014. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey reported the next meeting would be April 3, 2014. 6. Planning and Zoning Commission — Mayor Porter reported the minutes were in the packet. 7. Beautification Committee — Mayor Porter reported the next meeting would be April 8, 2014. 8. Mini -Grant Steering Committee — Mayor Porter had no report. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Participated in the Respect March. • Attended the Honors Pot Luck at Kenai Central High School. • Requested pricing flags to be purchased for Alaska Day. J. ADMINISTRATION REPORTS 1. City Manager — Koch reported he would check into the request to change the one way street; and would meet with the Corps of Engineers regarding Bluff issues. 2. City Attorney — Bloom had no report. City of Kenai Council Meeting Minutes Page 9 of 10 April 2, 2014 3. City Clerk — Hall had no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments 2. Council Comments Student Representative Stroh spoke about her recent visit to Italy. Gabriel spoke about attending the Senate Resource Committee with the City Manager. L. EXECUTIVE SESSION MOTION: Council Member Bookey MOVED to enter into Executive Session to Discuss the City of Kenai Health Insurance Renewal Rates, Pursuant to AS 44.65.310 (C) (1). Council Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT. BREAK: 10:15 P.M. BACK TO ORDER: 10:21 P.M. Vice Mayor Marquis reported Council met in Executive Session and received an update. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:21 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk City of Kenai Council Meeting Minutes Page 10 of 10 April 2, 2014