Loading...
HomeMy WebLinkAboutResolution No. 2014-22u J-0 Suggested by: Council Member CITY OF KENAI RESOLUTION NO. 2014 -22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASK,% AFFIRMING ITS SUPPORT OF THE VETERAN'S MEMORIAL IN LEIF HANSEN MEMOMAL PARK. WHEREAS, the City commissioned a local artist to create a veteran's memorial for display in Leif Hansen Memorial Park; and, / WHEREAS, at the City Council meeting of March 19, 2014, ridany veteran's attended the meeting and spoke in support of the veteran's me mon and its importance to them as a symbol of fallen veterans; and, WHEREAS, the City Council of Kenai supports testimony presented by the veterans that spoke in and, NOW, THEREFORE, BE IT RESOLVED BY THE ALASKA: / and respects the public of the veteran's memorial; OF THE CITY OF KENAI, Section 1. That the Kenai City Council arms its support of the current veteran's memorial in Leif Hansen Memorial Park. Section 2. That this resolution take effect immediately upon passage. -FASSBID BY THE COUNCIL OF T CITY OF KENAI, ALASKA, this 2nd day of April, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, Vty Clerk New Text Underlined; [DELETED TEXT BRACKETED] KENAI CITY COUNCIL — REGULAR MEETING JUNE 18, 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 18, 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 Ryan Marquis Robert Molloy Brian Gabriel Terry Bookey Tim Navarre comprising a quorum of the Council. Also in attendance were: Rich Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: E.3 Minutes • June 4, 2014 Minutes J.1 City Manager Report • Correspondence from Representative Olson • Staff Reports MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the agenda by moving item L.1 to be placed as G.17 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN: 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. 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 Shannon Hamrick, Kenai Peninsula Tourism Marketing Council — Kenai Peninsula Borough Bed Tax Hamrick provided a presentation on the proposed Kenai Peninsula Borough Bed Tax. C. UNSCHEDULED PUBLIC COMMENTS Bob Myles, Kenai resident inquired as to why the Veteran's Memorial agenda item was placed on the agenda as an action item instead of as legislation which provides for public comment. Tom Bearup, Soldotna resident spoke in support of the Veteran's Memorial. Jim Fastler, Kenai resident spoke in favor of the Veteran's Memorial. City of Kenai Council Meeting Page June 18, 2014 Christine Hutchinson, Kenai resident spoke in opposition to the current Beaver Loop upgrades and in support of the Memorial. Roy Duncan, Kenai resident spoke in support of the Memorial and Veteran's. Jim Dimmery, Kenai resident spoke in favor of the City deeding the Memorial to the Legion. Dave Thompson, Kenai resident spoke in favor of the Memorial. D. PUBLIC HEARINGS 1. 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, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2761 -2014 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. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2761 -2014 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Ordinance No. 2762 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2762 -2014 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: YEA: Porter, Bookey, Gabriel, Marquis, Molloy. Navarre NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting June 18, 2014 3. Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2763 -2014 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. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend by substitute Ordinance No. 2763 -2014 and Council Member Bookey SECONDED the motion. Council Member Molloy thanked all that participated in the fire suppression. VOTE ON SUBSTITUTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 4. 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. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2764 -2014 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: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 4 of 13 June 18, 2014 5. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2765 -2014 and 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: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2766 -2014 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. Mayor Porter reminded all of the Open House for the new City Shop on Saturday, June 21st. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 7. Resolution No. 2014 -41 — Authorizing the City Manager to Enter into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. MOTION: City of Kenai Council Meeting June 18, 2014 Council Member Bookey MOVED to adopt Resolution No. 2014 -41 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. 8. Resolution No. 2014 -42 —Authorizing a Budget Transfer within the General Fund — Police Department for Leave in Excess of Budgeted Amounts. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -42 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. 9. Resolution No. 2014 -43 — Authorizing A Budget Transfer within The Water & Sewer Fund For Leave, Overtime, And Communications In Excess Of Budgeted Amounts. VHS1[01L, Council Member Bookey MOVED to adopt Resolution No. 2014 -43 and requested UNANIMOUS CONSENT. 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: There being no objections, SO ORDERED. 10. Resolution No. 2014 -44 — Authorizing a Budget Transfer within the Water & Sewer Fund for Expenditures in Excess of Budgeted Amounts due to an Error in Formation of the FY2014 Operating Budget. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -44 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. City of Kenai Council Meeting Page 6 of 13 June 18, 2014 11. Resolution No. 2014 -45 — Authorizing a Budget Transfer within the Water & Sewer Fund for Expenditures in Excess of Budgeted Amounts due to an Error in Formation of the FY2014 Operating Budget. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -45 and requested UNANIMOUS CONSENT. 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: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of June 4, 2014 Minutes were approved by the consent agenda F. UNFINISHED BUSINESS 1. Discussion /Action — Proposed Park at North Forest and 4t' Avenue. Council discussed the proposal provided in the packet for the green space and funding. Mayor Porter advised this year's efforts would be to create the green space and possible fencing. MOTION: Council Member Bookey MOVED to authorize an expenditure of up to $4,999 for the project outlined and proposed in the packet by the Mayor. Vice Mayor Marquis SECONDED the motion. VOTE: YEA: Porter, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: MOTION PASSED UNANIMOUSLY. 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. City of Kenai Council Meeting Page 7 of June 18, 2014 3. *Action /Approval — Assignment of Restaurant Concession Agreement between the City of Kenai and Melodie Symington (d /b /a Odie's Deli) to PS241, LLC d /b /a Odie's Deli. Approved by the consent agenda. 4. *Ordinance No. 2767 -2014 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2015 Operating Budget Pay Schedules. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 5. *Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 6. *Ordinance No. 2769 -2014 — Appropriating Transfers for FY2015 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Airport Improvements Capital Project Fund. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 7. *Ordinance No. 2770 -2014 — Accepting and Appropriating a Grant in the Amount of $200,000 from the State of Alaska for Upgrade and Renovation Design at The City's Wastewater Treatment Facility. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 8. *Ordinance No. 2771 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of an Alternate Access on the City's South Beach for Personal Use Fishery Participant Access. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 9. *Ordinance No. 2772 -2014 — Accepting and Appropriating a Grant in the Amount of $250,000 from the State of Alaska for Kenai Recreation Center Capital Project Fund. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 10. *Ordinance No. 2773 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 f rom the State of Alaska for Construction of a New City Light/Heavy Equipment Storage Building. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. City of Kenai Council Meeting June 18, 2014 11. *Ordinance No. 2774 -2014 — Accepting and Appropriating a Grant in the Amount of $400,000 from The State of Alaska for Purchase of a Replacement Fire Pumper /Engine. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 12. *Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 13. *Ordinance No. 2778 -2014 — Repealing and Re- Enacting KMC 2.40.020 — Approval by Council, to Remove the Requirement that the Council Enter Findings into the Minutes of the Council Prior to Approving a Notice of Non - Objection forthe Renewal of Licenses and Permits Regulated by the Alcoholic Beverage Control Board And Making other Updates. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 14. *Ordinance No. 2779 -2014 — Waiving the Requirement of KMC 17.10.020(c) — Connection Standards and Costs, that Requires Service Lines to be Installed Off a Main Line that is Adjacent to the Owner's Property and Allowing for a Service Line in the Right -Of -Way for the Parcel Located at 1207 5th Court in Kenai. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 15. Discussion /Action — Snow Sculptures. Mayor Porter and the City Manager advised the program to carve snow sculpture during winter months throughout town would be managed by the Rotary Club. Council concurred to have Administration work with the Club to move the program forward. 16. Action /Approval — Disposition of The Veteran's Memorial at Leif Hansen Memorial Park. (Clerk's Note: Council May Enter into Executive Session for Consultation with Legal Counsel Regarding Potential Litigation and Alternatives Concerning the Memorial Displayed at Leif Hansen Park, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential (AS 44.62.310(c)(3)]. Council Member Bookey advised that the last time this topic was before Council, it was requested of the Attorney to conduct research and report back to Council. MOTION: Council Member Bookey MOVED to convene in executive session for consultation with Legal Counsel regarding potential litigation and alternatives concerning the Memorial displayed at Leif Hansen Park, matters which by Law, Municipal Charter, or Ordinance are required to be confidential [AS 44.62.310(c)(3)] and requested the City Manager, City Attorney, and City Clerk be present. Vice Mayor Marquis SECONDED the motion. June 18, 2014 Council discussed limiting executive session on the matter. The Attorney recommended executive to provide specific feedback to Council and advised that the City was not involved in litigation, but that the City had been threatened with such. MOTION TO AMEND: Council Member Navarre MOVED to amend the motion by limiting the executive session to only include information provided by the City Attorney. Council Member Gabriel SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre NAY: Porter MOTION PASSED. Council entered into executive session at 8:00 p.m. and exited at 8:32 p.m. Upon reconvening in open session, Council Member Bookey advised that Council met in executive session and received information from the Attorney and that no action was taken. MOTION: Council Member Navarre MOVED to support the Veteran's Memorial as it sits in Leif Hanson Park and that we ask the State of Alaska to work with the City in supporting that move. Council Member Gabriel SECONDED the motion. Council Members Marquis and Bookey spoke in opposition to taking action at this time and in favor of keeping the matter at a City level. Council Member Navarre and Gabriel spoke in favor of supporting the monument. Council Member Molloy spoke in favor of a public process at the forefront and possible alternatives. VOTE: YEA: Porter, Gabriel, Molloy, Navarre NAY: Bookey, Marquis MOTION PASSED. City of Kenai Council Meeting June 18, 2014 17. EXECUTIVE SESSION -- Consultation with Legal Counsel Regarding Litigation Concerning CINGSA's Purchase of Mineral Rights, Easements, and Access to Pore Space, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310(c)(3)]. MOTION: Council Member Molloy MOVED to convene in executive session for consultation with legal counsel regarding litigation concerning CINGSA's purchase of mineral rights, easements, and access to pore space, matters which by Law, Municipal Charter, or Ordinance are required to be confidential [AS 44.62.310(c)(3)] and requested the City Manager and City Attorney be present. Council Member Gabriel SECONDED the motion. li YEA: Porter, Gabriel, Molloy, Navarre, Bookey, Marquis NAY: MOTION PASSED UNANIMOUSLY. Upon reconvening in open session Council Member Molloy advised that Council met with outside legal counsel and received an update on litigation concerning CINGSA's purchase of mineral rights. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — No report. 2. Airport Commission — Mayor Porter advised of changes to the Master Plan and a work session being held to review policies. 3. Harbor Commission — Mayor Porter reported on the June 91" meeting advising the City Manager attended the meeting to answer inquiries of the Commission. 4. Library Commission — No report. 5. Parks and Recreation Commission — Council Member Bookey advised the next meeting was June 19". 6. Planning and Zoning Commission — No report. 7. Beautification Committee — No report. 8. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Upcoming Industry Appreciation Day • Attended the Kenai Air Fair City of Kenai Council Meeting Page 11 of 13 June 18, 2014 • Attended opening of the new furniture store • Attended HilCorp picnic • Started the races at Twin City Raceway • Attended the Dena'ina Wellness Center grand opening • Thanked Kenai police department handling the missing family • Visited lemonade stands • Largest ever attendance of coffee with the Mayor J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Ongoing community clean up • Kenai Business Improvement Program Administration was directed to bring forward a funding mechanism for the program. • Borough Bed Tax Ordinance • Attended dedication ceremony for the Russian Orthodox Church • Commended Kenai police department for interactions with other agencies • Beacons for no wake zones 2. City Attorney • Advised he would be out of the office for commercial fishing. 3. City Clerk • No report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Gabriel thanked the Mayor for attending the Airport Commission meeting and advised that he would need coverage for the next meeting also. Council Member Navarre advised he would be traveling for the Alaska Stand Alone Pipeline meeting and would provide a report at the next meeting. L. EXECUTIVE SESSION 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`t' meeting, Council postponed this ordinance to the August 21P meeting.] City of Kenai Council Meeting Page 12 of 13 June 18, 2014 N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:03p.m. Minutes prepared and submitted by: Sa dr N116cligh, CWC City 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 Page 13 of 13 June 18, 2014 KENAI CITY COUNCIL — REGULAR MEETING JULY 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 July 2, 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 A quorum was present. Also in attendance were: Rich Koch, City Manager Sandra Modigh, City Clerk 3. Agenda Approval Ryan Marquis Brian Gabriel Tim Navarre Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: D.1 Ordinance No. 2761 -2014 • Memorandum MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE ON MAIN: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy 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 Susan Bradley, Kenai resident spoke in opposition of shooting seagulls at the airport and requested the City find an alternative solution. Les Bradley, Kenai resident spoke in opposition of shooting seagulls and using fireworks at the Kenai Airport. D. PUBLIC HEARINGS 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, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk's Note: Ordinance was postponed from the June 18th meeting; motion to approve is on the floor.] City Manager Koch requested the Ordinance be postponed until the August 20th meeting as questions have come up in the absence of the attorney. MOTION: Council Member Bookey MOVED to amend Ordinance No. 2761 -2014 by inserting the words "sexual orientation" in Section 2 between the words "sex" and "national orientation" and inserted again in 23.30.020 Appointment (b), between the same words. Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Page 2 of 12 July 2, 2014 Council discussed the amendment and whether it was an appropriate time for such without the Attorney present and further discussed the definition of sexual orientation. VOTE: YEA: Bookey, Marquis, Molloy, Boyle NAY: Porter, Gabriel, Navarre MOTION PASSED. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2761 -2014 to the August 201h Council meeting and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Ordinance No. 2767 -2014 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2015 Operating Budget Pay Schedules. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2767 -2014 and 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, Gabriel, Marquis, Molloy, Navarre, Boyle NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2768 -2014 and Council Member Navarre 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 Page 3 of 12 July 2, 2014 VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2769 -2014 — Appropriating Transfers for FY2015 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Airport Improvements Capital Project Fund. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2769 -2014 and 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, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2770 -2014 — Accepting and Appropriating a Grant in the Amount of $200,000 from the State of Alaska for Upgrade and Renovation Design at The City's Wastewater Treatment Facility. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2770 -2014 and Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council Member Molloy thanked the Public Works Director for his informative memorandum provided in the packet. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 4 of 12 July 2, 2014 6. Ordinance No. 2771 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of an Alternate Access on the City's South Beach for Personal Use Fishery Participant Access. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2771 -2014 and 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, Boyle NAY: MOTION PASSED UNANIMOUSLY. 7. Ordinance No. 2772 -2014 — Accepting and Appropriating a Grant in the Amount of $250,000 from the State of Alaska for Kenai Recreation Center Capital Project Fund. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2772 -2014 and Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council Member Boyle inquired about the amount appropriated differing from what was discussed during the budget work session; Koch advised he'd correct the amount if needed. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 8. Ordinance No. 2773 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 f rom the State of Alaska for Construction of a New City Light/Heavy Equipment Storage Building. City of Kenai Council Meeting Page 5 of 12 July 2, 2014 MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2773 -2014 and Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Koch reported this was another phase of moving the City shop campus, this would prolong the life of equipment and eliminate having to warm up vehicles and equipment. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 9. Ordinance No. 2774 -2014 — Accepting and Appropriating a Grant in the Amount of $400,000 from The State of Alaska for Purchase of a Replacement Fire Pumper /Engine. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2774 -2014 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. Council Member Navarre thanked the City Manager and the Legislative Delegation for supporting the City's projects. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 10. Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2777 -2014 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. City of Kenai Council Meeting Page 6 of 12 July 2, 2014 Bookey commended Coots for participating in the program. Koch noted the City's process has been revised and that the City provides certification pay. Navarre commended the City for its reimbursement program. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 11. Ordinance No. 2778 -2014 — Repealing and Re- Enacting KMC 2.40.020 — Approval by Council, to Remove the Requirement that the Council Enter Findings into the Minutes of the Council Prior to Approving a Notice of Non - Objection for the Renewal of Licenses and Permits Regulated by the Alcoholic Beverage Control Board And Making other Updates. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2778 -2014 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. Council Member Bookey recommended the non - controversial licenses and permits be placed on the consent agenda in the future. Council Member Molloy spoke in opposition of using the consent agenda more than it's current use. A motion to postpone was made by Council Member Navarre, but was not moved for lack of a second. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 12. Ordinance No. 2779 -2014 — Waiving the Requirement of KMC 17.10.020(c) — Connection Standards and Costs, that Requires Service Lines to be Installed Off a Main Line that is Adjacent to the Owner's Property and Allowing for a Service Line in the Right -Of -Way for the Parcel Located at 1207 5th Court in Kenai. City of Kenai Council Meeting Page 7 of 12 July 2, 2014 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2779 -2014 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Navarre stated his concern related to possible conflicts of interest. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 13. Resolution No. 2014 -46 — Retroactively Authorizing the City Manager to Renew the City's Insurance Coverage with Alaska Public Entity insurance (APEI) to Commence July 1, 2014 and End June 30, 2015 and Sign a Letter of Commitment for Coverage for the Period of July 1, 2014 through June 30, 2014. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -46 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. 14. Resolution No. 2014 -47 — Approving the Purchase of One Police Vehicle through State of Alaska Equipment Fleet Contract Pricing Contract. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -47 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. 15. Resolution No. 2014 -48— Awarding an Agreement for Design of Wastewater Treatment Plant Improvements 2014. City of Kenai Council Meeting Page 8 of 12 July 2, 2014 MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -48 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. 16. Resolution No. 2014 -49 — Awarding an Agreement for Construction of Automated Flight Service Station Phase Two Restroom Improvements 2014. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -49 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. E. MINUTES 1. *Regular Meeting of June 4, 2014 Minutes were 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. 1. *Ordinance No. 2780 -2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. Introduced by consent agenda and public hearing set for July 2, 2014. 2. *Ordinance No. 2781 -2014 —Amending KMC 1.85.050 -Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. City of Kenai Council Meeting Page July 2, 2014 Introduced by consent agenda and public hearing set for July 2, 2014. 3. Discussion /Action — Council Direction for Compliance of Section 4.3 - Official Bonds of the Kenai Municipal Charter. Koch advised that while the Charter requires certain employees be bonded, this has not been done to date and would require Council action. Council concurred and directed administration to bring back legislation for consideration. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Next meeting scheduled on July 10th. Request 2. Airport Commission — Next meeting scheduled on July 10tH 3. Harbor Commission — July meeting was cancelled. 4. Library Commission — No report. 5. Parks and Recreation Commission — No meeting scheduled for the month of July. 6. Planning and Zoning Commission — reviewed the meeting minutes of June 251h provided in the packet and advised the next meeting on July 911. 7. Beautification Committee — No report. 8. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported the following: • New City Shop Open House • Frontier Community Services baseball game rained out • Thanked staff and residents for the community clean up • Display cabinet to be filled with Legos • Upcoming Saturday coffee • Gifting policy at next work session • Wants to eliminate the telephonic and attendance policies for special meetings or work sessions. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Four ordinances at the next meeting for P &Z Commissions recent actions. • Preparing for dip net season City of Kenai Council Meeting Page 10 of 12 July 2, 2014 • Appreciative to the Legislative Delegation for supporting the City's projects 2. City Attorney • Not in attendance. 3. City Clerk • Advised election season was underway as of July, notice of vacancies will to be published for two seats: Navarre and Boyle, and nominating filing period August 1 -15. • Primary Election is August 191 • Municipal Election is October 7`h • General Election Date is November 41h K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Navarre provided an update on the last ASAP meeting and provided material from the meeting. Council Member Gabriel thanked the Bradley's for speaking on their issue; thanked City Manager, Navarre and Delegation for securing funds for City projects; and thanked the Mayor for filling in as liaison at the last Airport Commission meeting. Council Member Bookey advised he attended Joe's retirement party, noted Eric Wilcox was retiring July 24th stating he saved his life from a capsized boat when he was younger. Council Member Molloy — thanked the Bradley's for their comments, introduced his nephew in attendance. Mayor Porter reminded all of the upcoming 411 of July holiday and thanked all for our freedom. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS 1. 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 20'h meeting.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:35p.m. City of Kenai Council Meeting Page 11 of 12 July 2, 2014 Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk City of Kenai Council Meeting Page 12 of 12 July 2, 2014