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Home My WebLink About2014-04-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING APRIL 16, 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 April 16, 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 (telephonic) Mike Boyle comprising a quorum of the Council. Also in attendance were: "Courtney Stroh, Student Representative 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 addition of D -3 to the agenda: memorandum from Council Member Molloy. MOTION: Council Member Gabriel MOVED to approve the agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Molloy 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 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 — None. C. UNSCHEDULED PUBLIC COMMENTS Ryan Tunseth, Parks & Recreation Commissioner, addressed Council to present options the Commission's proposing for replacement of equipment at the Municipal Park. D. PUBLIC HEARINGS 1. 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. MOTION: Vice Mayor Marquis MOVED to enact 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. Council Member Molloy 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. Navarre NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Minutes Page 2 of 10 April 16, 2014 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. MOTION: Vice Mayor Marquis MOVED to enact 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. 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: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Council Member Molloy MOVED to enact 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. Vice Mayor Marquis SECONDED the motion. Council Member Gabriel disclosed a potential conflict of interest as he owns property in the area and Mayor Porter declared he did not have a conflict. 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 the ordinance in the last whereas to read "the Harbor Commission recommended enactment of this ordinance" and Council Member Gabriel SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Gabriel, Marquis, NAY: "Student Representative Stroh: Molloy, Navarre, Porter, Bookey 0-:&Al of Kenai Council Meeting Minutes Page 3 of 10 April 16, 2014 AMENDMENT PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2014 -24 —Approving City Council Policy 2014 -01, Kenai Council Travel Policy, Establishing Procedures for Approval of Council Travel. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No, 2014 -24, Approving City Council Policy 2014 -01, Kenai Council Travel Policy, Establishing Procedures for Approval of Council Travel. 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: Vice Mayor Marquis MOVED to amend paragraph two to read "Any Mayor or Council Member, who travels at the City's expense, will be required to submit, in writing, a report of their activities and report, verbally or in writing, at the next meeting following said travel." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Marquis, Molloy, Navarre, Porter, Bookey, Boyle, Gabriel NAY: "Student Representative Stroh: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend paragraph 1(a) to read "The Mayor approves their own travel within the state; paragraph 1(b) to read "The Council, by motion approves all other travel; and to strike paragraphl(c). Council Member Molloy SECONDED the motion. MOTION TO DIVIDE THE QUESTION: Council Member Molloy MOVED to divide the question separating A, B, and C and Vice Mayor Marquis SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 4 of 10 April 16, 2014 VOTE ON DIVISION OF THE QUESTION: There being no objections, SO ORDERED. VOTE ON PARAGRAPH 1(a): YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy NAY: Navarre "Student Representative Stroh: YEA MOTION PASSED. PARAGRAPH 1(b): MOTION TO AMEND: Council Member Molloy MOVED to amend Paragraph 1(b) by adding "except for travel outside the United States." Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Marquis, Molloy NAY: Porter, Gabriel, Navarre "Student Representative Stroh: YEA AMENDMENT PASSED. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone until the May 21 meeting and Council Member Gabriel SECONDED the motion. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: "Student Representative Stroh: YES POSTPONEMENT PASSED UNANIMOUSLY. 5. Resolution No. 2014 -25 — Approving City Council Policy 2014 -02, Kenai Council Public Recognition Policy, Establishing Procedures for Council Expenditure of Funds for Public Recognition. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -25, Approving City Council Policy 2014 -02, Kenai Council Public Recognition Policy, Establishing Procedures for Council Expenditure of Funds for Public Recognition. Council Member Gabriel SECONDED the motion. Council Member Navarre requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 5 of 10 April 16, 2014 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. 6. Resolution No. 2014 -26 — Authorizing a Budget Transfer within the General Fund — Non - Departmental and Streets Department. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -26, Authorizing a Budget Transfer within the General Fund — Non - Departmental and Streets Department 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. 7. Resolution No. 2014 -27 — Awarding an Agreement for the South Spruce Street and Third Avenue Outfall Sediment Control Structure Repair Design. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -27, Awarding an Agreement for the South Spruce Street and Third Avenue Outfall Sediment Control Structure Repair Design and requested UNANIMOUS CONSENT. Council Member Navarre 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. 2014 -28 — Authorizing a Budget Transfer within the General Fund — Shop Department. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -28, Authorizing a Budget Transfer within the General Fund — Shop Department and requested UNANIMOUS CONSENT. Council Member Navarre 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. City of Kenai Council Meeting Minutes Page 6 of 10 April 16, 2014 E. MINUTES 1. *Regular Meeting of April 2, 2014 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 — Consent to Assignment and Assignment of Lease of Airport Reserve Lands from Kenai Hangar, LLC to Schilling Rentals, LLC for Lot 11A, FBO Subdivision. Approved by the consent agenda. 4. *Ordinance 2750 -2014 — Appropriating Funds that were Donated to the Kenai Animal Shelter from Mt. View Elementary as a Result of a Penny Drive. Ordinance was introduced by the consent agenda and scheduled for public hearing on May 7, 2014. 5. *Ordinance No. 2751 -2014 — Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the Security Camera Replacement Project. Ordinance was introduced by the consent agenda and scheduled for public hearing on May 7, 2014. 6. *Ordinance No. 2752 -2014 — Reappropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Senior Center Improvement Capital Project Fund. Ordinance was introduced by the consent agenda and scheduled for public hearing on May 7, 2014. 7. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Branda Madrid to the Beautification Committee. Council Member Gabriel disclosed the applicant was his daughter and Mayor Porter requested he abstain from voting. City of Kenai Council Meeting Minutes Page 7 of 10 April 16, 2014 MOTION: Council Member Molloy MOVED to confirm Branda Madrid as a Beautification Committee Member and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the April meeting had been cancelled. 2. Airport Commission — Council Member Gabriel reported on the April 10 meeting. 3. Harbor Commission — Council Member Molloy reported on the April 7 meeting. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Porter reported on the April 15 work session. 6. Planning and Zoning Commission — Mayor Porter reported on the April 9 meeting. 7. Beautification Committee — Mayor Porter reported the last meeting did not have quorum. 8. Mini -Grant Steering Committee — Mayor Porter had no report. I. REPORT OF THE MAYOR Mayor Porter reported the following • Attended the opening of PRL, noting the $2 million dollar renovation. • Attended Unocal Retirees meeting. • Hosted Coffee with the Mayor. • Attended the School Board Dinner. • Met with Begich in Soldotna. J. ADMINISTRATION REPORTS 1. City Manager — Acting Manager Sandahl read a thank you letter for the Animal Control Shelter's new High Capacity washer. 2. City Attorney — Bloom noted the correspondence from Americans United for Separation of Church and State requested a response and advised he would respond acknowledging receipt of the letter and providing a neutral report of the current status of the Memorial. City of Kenai Council Meeting Minutes Page 8 of 10 April 16, 2014 3. City Clerk — Modigh reminded everyone there would be a budget work session on Wednesday, April 23 at the Library and another on Saturday the 26th if required. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments Al Hull, Parks and Recreation Commission Chair — Mr. Hull thanked everyone for their hard work and requested support of the new Playground plans. 2. Council Comments — No comments. L. EXECUTIVE SESSION 1. Discussion — Performance of the City Manager which may be Considered a Subject that Tends to Prejudice the Reputation and Character of the City Manager, Provided the City Manager May Request a Public Discussion. [Alaska Statutes 44.62.310 (c)(2)] MOTION: Council Member Boyle MOVED to convene into Executive Session to discuss the performance of the City Manager which may be considered a subject that tends to Prejudice the Reputation and Character of the City Manager, Provided the City Manager May Request a Public Discussion. [Alaska Statutes 44.62.310 (c)(2)]. Council Member Molloy SECONDED the motion. City Manager Koch requested Open Session unless he could participate in the entire Executive Session, to which Council Member Boyle declined. The Meeting continued in Open Session. Council Member Boyle expressed concern that Koch did not act in good faith while negotiating his contract. Other Council Members contacted City Manager Koch and had no similar concerns General discussion occurred. MOTION TO ADJOURN: Council Member Gabriel MOVED to adjourn and Council Member Navarre SECONDED the motion. VOTE ON ADJOURNMENT: YEA: Porter, Boyle, Gabriel, Molloy, Navarre NAY: Bookey, Marquis MOTION PASSED. City of Kenai Council Meeting Minutes Page 9 of 10 April 16, 2014 M. PENDING ITEMS 1. 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. [Clerk's Note: At its April 2 "d meeting Council postponed public hearing of this ordinance until the May 20th meeting.] 2. 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. [Clerk's Note: At its April 2nd meeting Council postponed public hearing of this ordinance until the May 20th meeting.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:15 p.m. des prepared and submitted by: re a all, , Deput ity 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 10 of 10 April 16, 2014