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Home My WebLink About2014-06-04 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JUNE 4, 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 June 4, 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 Tim Navarre comprising a quorum of the Council. Also in attendance were: Rich Koch, City Manager Sandra Modigh, City Clerk 3. Agenda Approval Vice Mayor Ryan Marquis Brian Gabriel (telephonic) Mike Boyle Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: Item D.1 Ordinance No. 2757 -2014 • Amendment Memorandum • Finance Director Memorandum • Finance Director Memorandum Item G.15 Proposed North Forest and 4 " Avenue Park • Memorandum Item H.6 Planning & Zoning Commission Report • 5/28/14 Draft Meeting Minutes Information Items • Correspondence from Kaleidoscope School Principal Robin Dahlman MOTION: Council Member Bookey MOVED to approve the agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 1. 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 no one wishing to speak, public comment was closed. MOTION TO AMEND: Council Member Bookey MOVED to amend the consent agenda by removing the meeting minutes and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. 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. 2757 -2014 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. City of Kenai Council Meeting Minutes Page 2 of 16 June 4, 2014 MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2757 -2014, Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council took a brief at ease allowing members to review the laydown material. MOTION TO AMEND: Council Member Bookey MOVED to amend the FY15 Budget as recommended by Administration due to lower insurance renewal quotes by reducing the General Fund appropriations by $63,212; reducing the Personal Use Fishery Fund appropriations by $1,436; reducing the Airport Fund appropriations by $23,181; reducing the Congregate Housing Fund appropriations by $1,063; reducing the Water & Sewer Fund appropriations by $7,241; reducing the Senior Fund appropriations by $1,507; and by reducing the Capital Project Management Fund appropriations by $210. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Marquis, Molloy, Boyle, Porter, Gabriel, Navarre NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Navarre MOVED to amend the FY15 Budget to include $15,000 in the Planning Department to fund the Store Front Improvement Program. Council Member Boyle SECONDED the motion. Council discussed the Program and whether it should be funded without having reviewed the finished plan. Although Council was not opposed to the Program, some were opposed to funding it at a time when raising taxes was being considered. VOTE ON AMENDMENT: YEA: Boyle, Porter, Navarre NAY: Bookey, Marquis, Molloy, Gabriel MOTION FAILED. Council Member Gabriel advised he reviewed the proposed budget with Administration and drafted several amendments to decrease the budget in an effort to eliminate raising the mil rate. City of Kenai Council Meeting Minutes Page 3 of 16 June 4, 2014 Council Member Boyle spoke in favor of the budget as proposed and an increase in the mil rate as previously discussed by Council at budget work sessions. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FYI Budget by decreasing Legislative Fund 0100- Salaries by $19,200 for increase in Council stipends. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Molloy, Porter, Navarre NAY: Boyle, Marquis, Gabriel MOTION PASSED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Legislative Fund 4533- Miscellaneous Travel by $2,000. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel, Navarre, Marquis NAY: Porter, Boyle, Bookey MOTION PASSED. MOTION TO AMEND: Council Member Bookey MOVED to amend the FYI Budget to specify funding amounts in Legislative Travel as follows: AML Conference Travel $7,400 Mayoral $1,500 Newly Elected Official $1,100 Legislative Hearings $1,500 Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel, Navarre, Marquis, Porter, Boyle, Bookey NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Minutes June 4, 2014 MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Legal Fund 4531 by $50,000 for outside legal services. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Non - Departmental Fund 9090 by $50,000 for a feasibility study for development of Millennium Square. Due to a lack of a second, the motion did not move forward. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Safety Fund 5041 by $15,000 for professional services. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 2024 by $24,400 for a second set of turn out gear. Council Member Molloy SECONDED the motion. Due to a lack of a second, the motion did not move forward. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 2024 by $8,030 for dry suits. Council Member Molloy SECONDED the motion. City of Kenai Council Meeting Minutes June 4, 2014 VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 2024 by $8,030 for dry suits. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey, Molloy MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 8064 by $5,000 for machinery & equipment. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Streets Department Fund 4538 by $5,000 for seal coat & stripe. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Streets Department Fund 8064 by $31,000 for machinery & equipment. Council Member Molloy SECONDED the motion. City of Kenai Council Meeting Minutes Page 6 of 16 June 4, 2014 VOTE ON AMENDMENT: YEA: Molloy, Gabriel Porter, Navarre NAY: Marquis, Boyle, Bookey MOTION PASSED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Buildings Department Fund 8062 by $15,000 for animal control building maintenance. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey, Molloy MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Buildings Department Fund 8062 by $25,000 for council chamber dais improvements. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel, Molloy NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Buildings Department Fund 8062 by $73,000 for city hall roof replacement. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel, Molloy, Marquis NAY: Navarre, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Navarre MOVED to amend the FY15 Budget by increasing Planning & Zoning Department Fund 4533 by $5,000 for P &Z Commission travel and training. Council Member Bookey SECONDED the motion. City of Kenai Council Meeting Minutes Page 7 of 16 June 4, 2014 VOTE ON AMENDMENT: YEA: Marquis, Navarre, Porter, Boyle, Bookey NAY: Gabriel, Molloy MOTION PASSED. MOTION TO AMEND: Council Member Bookey MOVED to amend the FY15 Budget by Non - Departmental Fund 9090 by $80,000 for playground equipment and upgrades. Vice Mayor Navarre SECONDED the motion. VOTE ON AMENDMENT: YEA: Marquis, Navarre, Porter, Boyle, Bookey NAY: Gabriel, Molloy MOTION PASSED. Council Members thanked Administration for their efforts on a balanced budget. Council Member Boyle spoke in opposition of raising rates for senior services. Council took a brief at ease to allow the Finance Director to calculate all the amendments within the proposed budget. MOTION TO AMEND: Council Member Navarre MOVED to amend Ordinance No. 2757 fund amounts to read as follows: General Fund $16,237,707 Enterprise Funds: Congregate Housing 512,498 Capital Projects Management Fund 111,610 Special Revenue Funds Airport Land Sales Permanent Fund 1,147,095 General Land Sales Permanent Fund 140,134 Personal Use Fishery Fund 491,315 Water and Sewer Fund 2,706,721 Airport Fund 3,188,651 Senior Citizen Fund 946.079 Debt Service Fund 178,598 Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 8 of 16 June 4, 2014 VOTE: There being no objections, SO ORDERED. VOTE ON MAIN AS AMENDED: YEA: Marquis, Navarre, Porter, Boyle, Bookey, Molloy NAY: Gabriel MOTION PASSED. 2. Ordinance No. 2758 -2014 — Appropriating Funds Donated to the Kenai Animal Shelter from Kenai Spine, LLC. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2758 -2014, Appropriating Funds Donated to the Kenai Animal Shelter from Kenai Spine, LLC. 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: Porter, Bookey, Gabriel, Marquis, Molloy. Navarre, Boyle NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2759 -2014 — Accepting and Appropriating $2,232.19 for Anticipated Police Computer Forensic Software Reimbursements from Internet Crimes Against Children (ICAC). MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2759 -2014, Accepting and Appropriating $2,232.19 for Anticipated Police Computer Forensic Software Reimbursements from Internet Crimes Against Children (ICAC).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: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2760 -2014 — Accepting and Appropriating $2,050.92 for SART (Sexual Assault Response Team) Exam Reimbursements from the State of Alaska. City of Kenai Council Meeting Minutes June 4, 2014 MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2760 -2014, Accepting and Appropriating $2,050.92 for SART (Sexual Assault Response Team) Exam Reimbursements from the State of Alaska. 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: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2014 -36 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. [Clerk's Note: At its May 20" meeting, Council postponed the Resolution to the June 4 ' meeting. A motion to approve was on the floor.] Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council thanked Administration and Council Member Gabriel spoke in opposition. VOTE: YEA: Gabriel NAY: Marquis, Molloy, Navarre, Porter, Bookey MOTION PASSED. 6. Resolution No. 2014 -38 — Authorizing a Budget Transfer within the General Fund — Fire Department for Overtime in Excess of Budgeted Amounts. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -38, Authorizing a Budget Transfer within the General Fund — Fire Department for Overtime in Excess of Budgeted Amounts and 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. City of Kenai Council Meeting Minutes Page 10 of 16 June 4, 2014 7. Resolution No. 2014 -39 — Authorizing a Budget Transfer within the General Fund — Parks, Recreation & Beautification and Non - Departmental Departments. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -39, Authorizing a Budget Transfer within the General Fund — Parks, Recreation & Beautification and Non - Departmental Departments and 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. 8. Resolution No. 2014 -40 — Awarding an Agreement for Daubenspeck Beach Construction. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -40, Awarding an Agreement for Daubenspeck Beach Construction. Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Administration and Council discussed the bid and necessary change order due to a mistake in the original bid. VOTE: YEA: Bookey NAY: Marquis, Molloy, Navarre, Porter, Gabriel MOTION PASSED. E. MINUTES 1, Regular Meeting of May 20, 2014 2. Special Meeting of May 29, 2014 MOTION: Council Member Bookey MOVED to postpone the minutes until the June 18, 2014 meeting and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 11 of 16 June 4, 2014 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 — Second Extension to Agreement for Janitorial Services at the Kenai Visitors and Cultural Center between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 4. *Action/ Approval — Second Extension to Agreement for Janitorial Services at City Hall between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 5. *Action/ Approval — Second Extension to Agreement for Janitorial Services at the Kenai Police Department between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 6. *Action/ Approval — Second Extension to Agreement for Janitorial Services at the Kenai Community Library between the City of Kenai and Cleanway Janitorial Services. Approved by the consent agenda. 7. *Action/ Approval — Second Extension to Agreement for Janitorial Services at the Kenai Municipal Airport between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 8. *Action /Approval — Renew of Special use Permit to Reddi Towing & Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park. Approved by the consent agenda. 9. *Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, City of Kenai Council Meeting Minutes Page 12 of 16 June 4, 2014 Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 10. *Ordinance No. 2762 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 11. *Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 12. *Ordinance No. 2764 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts Providing 2013 and 2014 Summer Ice Sessions at the Kenai Multipurpose Facility. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 13. *Ordinance No. 2765 -2014 — Accepting and Appropriations Federal /State Emergency Management Grants for the Response and Recovery from the 2013 October Kenai Peninsula Borough Flood. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 14. *Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 15. Discussion /Action — Proposed Park at North Forest and 4th Avenue. Mayor Porter provided background on the proposed park/green space and noted that the Parks & Recreation Commission voted in favor of the park. Council and Administration discussed funding of the park, safety, and type of green space to be created. MOTION: Vice Mayor Marquis MOVED to support proposal No. 2 in concept as outlined in the City Managers memorandum dated June 2, 2014 to develop entire property into a park by constructing fences on the east and north property boundaries, furnish and install benches, and to furnish and install top soil and seeding; and requested a proposal for Council to approve at the next meeting. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 13 of 16 June 4, 2014 Mayor Porter offered to complete the proposal. VOTE: There being no objections, SO ORDERED. Council Member Molloy was excused from the meeting at 9:49 p.m. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis advised the next meeting was June 12th. 2. Airport Commission — Council Member Gabriel advised the next meeting was June 12th, Mayor Porter will be attending as liaison in his absence, and reminded of the upcoming Air Fair. Council Member Gabriel was excused from the meeting at 9:51 p.m. 3. Harbor Commission — No report. 4. Library Commission — No report. 5. Parks and Recreation Commission — Council Member Bookey advised the next meeting was June 191h 6. Planning and Zoning Commission — Council Member Navarre reviewed the last meeting minutes provided as a laydown. 7. Beautification Committee — Mayor Porter reported the last meeting did not have quorum. 8. Mini -Grant Steering Committee — Mayor Porter stated the mural for the City Shop looks good. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Thanked Recreation staff for the Memorial Day ceremony • Thanked community for cookie provided to fire crews • Attended EDD meeting for Begich • Thanked all that were involved with the new website • Thanked City Manager for attending all briefing meeting for fire • Presented Poppy Proclamation • Thanked KPCH for donation to Municipal Park improvements • Attended Kenai High School Graduation • Possible addition to the Senior Center • Attended Relay for Life • New Kaleidoscope School Park • Attended Forestry BBQ City of Kenai Council Meeting Minutes Page 14 of 16 June 4, 2014 J. ADMINISTRATION REPORTS 1. City Manager • Reported on peninsula fire and its affect to the City's water system • Reported on this year's late budget process • Requested Capital Projects submitted by late October The Oilers Park improvements, top soil located at Millennium Square, payments after hours /rigged box, and the neighborhood cleanup were discussed. 2. City Attorney • No report. 3. City Clerk • Willie Acting Deputy during Clerk's absence. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Vice Mayor Marquis thanked the Clerk for the new website and Bookey for his positive comments the passage of the budget and mile rate increase. Council Member Bookey commended the Kenai Fire Department for their efforts and assistance with the fire suppression. Mayor Porter thanked all that participated in the fire suppression efforts. L. EXECUTIVE SESSION — None M. PENDING ITEMS 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 May 20" meeting, Council postponed this ordinance to the August 20tf' meeting.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:20 p.m. Mi u e`s prepared and submitted by: Sand Wdigh, CI C Cit C rk City of Kenai Council Meeting Minutes Page 15 of 16 June 4, 2014 "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 16 of 16 June 4, 2014