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Home My WebLink About2014-05-07 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING MAY 7, 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 May 7, 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 comprising a quorum of the Council. Also in attendance were: "Courtney Stroh, Student Representative Rich Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval MOTION: Vice Mayor Ryan Marquis Brian Gabriel Tim Navarre Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel 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 Amber Every, resident of Kenai, spoke in favor of new proposal Option A for Municipal Park improvements. Jennifer Showalter, Vice Chairperson of the Kenaitze Tribe introduced herself to Council and recommended further collaboration between the two organizations. Julie Ferguson, resident of Kenai, requested the City install additional stop signs in Inlet Woods Subdivision specifically on Channel Way to slow traffic. City Manager Koch advised that Administration was in the process of taking action on the request and that stop signs would be erected by the end of the season. D. PUBLIC HEARINGS 1. Ordinance No. 2750 -2014 — Appropriating Funds that were Donated to the Kenai Animal Shelter from Mt. View Elementary as a Result of a Penny Drive. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2750 -2014, appropriating funds that were donated to the Kenai Animal Shelter from Mt. View Elementary as a result of a Penny Drive. 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: Porter, Bookey, Gabriel, Marquis, Molloy. Navarre NAY: * *Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. Ury of Kenai Council Meeting Minutes Page 2 of 12 May 7, 2014 2. 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. MOTION: Vice Mayor Marquis MOVED to enact 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. 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, Gabriel, Marquis, Molloy, Navarre, Porter NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2752 -2014 — Re- appropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Senior Center Improvement Capital Project Fund. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2752 -2014, re- appropriating State grant funds in the Municipal Roadway Improvements Capital Project Fund to the Senior Center Improvement Capital Project Fund. 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: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2014 -29 — Approving the Lease of Airport Reserve Lands Between the City of Kenai and Schilling Rentals, LLC for Lot 9A, FBO Subdivision Located on the Kenai Municipal Airport and Authorizing a Lease Form that Deviates from the Standard Form. (.uy of Kenai Council Meeting Minutes Page 3 of 12 May 7, 2014 MOTION: Council Member Gabriel MOVED to adopt Resolution No, 2014 -29, approving the Lease of Airport Reserve Lands between the City of Kenai and Schilling Rentals, LLC for lot 9A, FBO Subdivision located on the Kenai Municipal Airport and authorizing a lease form that deviates from the standard form 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. 5. Resolution No. 2014 -30 — Authorizing the City Manager to Enter into a Contract with Premera Blue Cross Blue Shield of Alaska to Provide Employee Health Care to City Employees Effective July 1, 2014. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -30, authorizing the City Manager to enter into a contract with Premera Blue Cross Blue Shield of Alaska to provide employee health care to city employees effective July 1, 2014 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. 6. Resolution No. 2014 -31 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Adopted During the FY2015 Budget Process to Include Establishing a Fee for Issuance of a Library Card to Non -City Residents, Increasing Monthly Rental Rates at Vintage Pointe, Increasing Airport Parking and Other Fees, and Increasing Fees for Water and Sewer Service. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -31, amending its Comprehensive Schedule of Rates, Charges, and Fees to incorporate changes adopted during the FY2015 budget process to include establishing a fee for issuance of a library card to non -city residents, increasing monthly rental rates at Vintage Pointe, increasing airport parking and other fees, and increasing fees for water and sewer service. Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Gry of Kenai Council Meeting Minutes Page 4 of 12 May 7, 2014 MOTION TO AMEND: Council Member Bookey MOVED amend the Resolution by removing the words "establishing a fee for issuance of a library card to non city residents" from the title, to remove the first three whereas statements in their entirety, on Page 2 under library fees remove 1. Non City Residents Library Card" and to renumber the list. Vice Mayor Marquis SECONDED the motion. Council Member Bookey and Marquis spoke in favor of individuals outside City limits being able to use the Library for educational purposes and for having the facility available to the public. Council Member Gabriel spoke in opposition of the amendment. Council Member Navarre recommended a hardship clause if this is brought before Council in the future. VOTE: YEA: Bookey, Marquis, Molloy, Navarre, Porter NAY: Gabriel "Student Representative Stroh: YEA MOTION PASSED. MOTION TO AMEND: Council Member Molloy MOVED amend the Resolution by removing the Vintage Pointe rents increase for units with rental agreements dated before June 30, 2013. Council Member Bookey SECONDED the motion. It was noted that it was not the City's intent to have Vintage Pointe as a subsidized facility and that Council established a plan to gradually increase the rents each fiscal year until they reached market value. VOTE: YEA: Bookey, Molloy NAY: Gabriel, Marquis, Navarre, Porter "Student Representative Stroh: NAY MOTION FAILED. VOTE ON MAIN AS AMENDED: YEA: Bookey, Molloy, Gabriel, Marquis, Navarre, Porter NAY: MOTION PASSED UNANIMOUSLY City of Kenai Council Meeting Minutes Page 5 of 12 May 7, 2014 Resolution No. 2014 -32 — Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Kenai Municipal Airport Landing Fees and Terminal Rents Per the First Amendment to the Airline Operating Agreement to be Effective June 1, 2014. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -32, amending its Comprehensive Schedule of Rates, Charges, and Fees for changes to Kenai Municipal Airport Landing Fees and Terminal Rents per the First Amendment to the Airline Operating Agreement to be effective June 1, 2014 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. 8. Resolution No. 2014 -33 — Authorizing a Budget Transfer within the General Fund — for the Purchase of Voice Over IF Equipment. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -33, authorizing a budget transfer within the General Fund — for the purchase of Voice Over IP equipment 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 -34 — Authorizing the City Manager to Enter into an Agreement with the Department of the Army to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -34, authorizing the City Manager to enter into an agreement with the Department of the Army to complete a feasibility study for the Kenai River Bluff Erosion Project 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. Council spoke in favor of the Resolution and thanked the City Manager, the residents, local Legislators, and surrounding communities for their efforts in getting funding for this project. City of Kenai Council Meeting Minutes Page 6 of 12 May 7, 2014 VOTE: There being no objections, SO ORDERED. 10. Resolution No. 2014 -35 — Awarding an Agreement for the City Hall & Senior Center Boiler Replacement and Snowmelt Addition 2014. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -35, awarding an agreement for the City Hall & Senior Center Boiler Replacement and Snowmelt Addition 2014 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of April 16, 2014 2. *Work Session of April 23, 2014 3. *Work Session of April 26, 2014 All 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. 3. *Action /Approval — Special Use Permit to Dwight Davis for a Portion of Lot 1, Block 1, Gusty Subdivision to Operate a Coffee Shop Business. Approved by the consent agenda. 4. *Action /Approval — Fifth Amendment to Lease between the City of Kenai and Schilling Rentals, LLC for Lot 3, Block 2, GAA. Approved by the consent agenda. 5. *Ordinance No. 2753 -2014 — Accepting and Appropriating a Grant from the State of Alaska Department of Commerce Community and Economic —City of Kenai Council Meeting Minutes Page 7 of 12 May 7, 2014 Development for $250,000 in the Kenai Bluff Stabilization Capital Project Fund for the Kenai Bluff Erosion Control Project. Ordinance was introduced by the consent agenda and scheduled for public hearing on May 20, 2014. 6. *Ordinance No. 2754 -2014 —Accepting and Appropriating Funds Forfeited to the Kenai Police Department. Ordinance was introduced by the consent agenda and scheduled for public hearing on May 20, 2014. 7. *Ordinance No. 2755 -2014 — Amending Kenai Municipal Code 13.20.035 - Camping, Fires, and other Activities on City Beaches, to Authorize the City Manager to Temporarily Regulate Beach Activities to Protect Public Safety, Health or Welfare, and for City Maintenance of Property. Ordinance was introduced by the consent agenda and scheduled for public hearing on May 20, 2014. 8. *Ordinance No. 2756 -2014 — Repealing Kenai Municipal Code 13.20.030 - Protection of North and South Shore, and Re- Enacting it as Kenai Municipal Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand its Application and to Authorize the City Manager to Implement Restrictions on Public Entry, Access and Use for the Protection of Environmentally Sensitive Areas Owned or Managed by the City, Subject to Change by the Council. Ordinance was introduced by the consent agenda and scheduled for public hearing on May 20, 2014. 9. Action /Approval — Non- Objection of Liquor License Renewals: • L &K Enterprise LLC, D /B /A New Peking Restaurant • G &P Inc., George Pitsilionis, D /B /A George's Casino Bar • Kurani Inc., Kurban Kurani, D /B /A Pizza Hut #9 • L &M Adventures Inc. / Natasha L. Lott D /B /A Little Ski -Mo In Council Member Bookey advised that The City of Kenai had determined that L &K Enterprise LLC, D /B /A New Peking Restaurant G &P Inc., George Pitsilionis, D /B /A George's Casino Bar, Kurani Inc., Kurban Kurani, D /B /A Pizza Hut #9, L &M Adventures Inc. / Natasha L. Lott D /B /A Little Ski -Mo In had satisfied all obligations to the City; therefore, the City had no objection to the renewal of their liquor licenses. Cay of Kenai Council Meeting Minutes Page 8 of 12 May 7, 2014 MOTION: Council Member Bookey MOVED to direct the City Clerk to forward a letter to the Alcoholic Beverage Control Board advising that the City has no objection to the liquor license renewals for the afore - described liquor licensees and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 10. Action /Approval — Restaurant Designation Permit Filed by L &K Enterprise LLC, Jennifer Lee, D /B /A New Peking Restaurant. MOTION: Council Member Bookey MOVED direct the City Clerk to forward a letter to the Alcoholic Beverage Control Board advising the City has no objection to the approval of a Restaurant Designation Permit for L &K Enterprise LLC, Jennifer Lee, D /B /A New Peking Restaurant and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. Student representative Stroh departed the meeting at 7:45 p.m. 11. Action /Approval — Mayoral Nomination and Council Confirmation to Appoint Michael Bernard to the Mini -Grant Steering Committee. MOTION: Council Member Molloy MOVED to confirm the Mayor's nomination to appoint Michael Bernard to the Mini -Grant Steering Committee and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 12. Action /Approval — Mayoral Nomination and Council Confirmation to Appoint Mackenzie Lindeman to the Parks & Recreation Commission. I IT, DIIIQk, Council Member Bookey MOVED to confirm the Mayor's nomination to appoint Mackenzie Lindeman to the Parks & Recreation Commission and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. Gty of Kenai Council Meeting Minutes Page 9 of 12 May 7, 2014 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis advised the next meeting was May 8th 2. Airport Commission — Council Member Gabriel reported the May meeting had been cancelled. 3. Harbor Commission — Council Member Molloy reported the next meeting was May 12tH 4. Library Commission — no report. 5. Parks and Recreation Commission — Council Member Bookey reported the Commission supported Option A for the Municipal Park upgrades. 6. Planning and Zoning Commission — no report. 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 Junior Achievement Awards at K -Beach Elementary School • Welcomed the American Legion Convention into town • Attended the Masonic Awards • Attended the HEA dedication of the new facility • Presented Renee Henderson with a key to the City • Met with Vonnie Pierce of ACS for a banner project to cover up the transformers in the front of the building • Met with the Kenai Rotary Club regarding the 4th Avenue and Birch Project • Received complaints around the Kiana area regarding the condition of the neighborhood and reported a neighborhood cleanup being offered by the City. Council Member Navarre requested a cost analysis or report to Council on the cleanup project being offered. J. ADMINISTRATION REPORTS 1. City Manager • Requested direction on the Municipal Park Improvements Projects as the Parks & Recreation Commission passed a Resolution supporting the Option A proposal brought forth at the end of the process. �Cny of Kenai Council Meeting Minutes Page 10 of 12 May 7, 2014 It was the consensus of Council to move forward with Municipal Park improvements on a larger scale similar to the Option A proposal including additional public input for all user groups which use the park. Procurement issues were noted by Administration and it was recommended Council approve a budget prior to moving forward. The City Manager further report on: • Capital Budget Review • Thanked Council for approval on the Corp of Engineers resolution • A meeting to discuss a more unified protection and presence during the personal use fishery with several other entities • Initial discussion with the owners of properties related to the South Beach access • May 10th Peninsula Track and Field meet on the new field • Iditarod celebration • Holding a public meeting with residents that have property along the bluff Mayor Porter noted there were items discussed at the budget work sessions related to the Senior Center which were not noted in the minutes. 2. City Attorney • Reported he and Human Resources provided Evaluation Training to supervisors • Noted he would be out of the office attending the Annual Alaska Bar Convention • Reported on Bills passed by the Legislature affecting Kenai 3. City Clerk • Reminded Council the May 21st meeting had been rescheduled to May 20th. • Update on new website K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Molloy thanked those who attended the meeting and provided comments. Council Member Bookey thanked those who provided comments. Council Member Gabriel thanked all for testifying, congratulated the Renee Henderson on her retirement, and urged motorists to keep an eye out for motorcyclist and pedestrians. Council Member Navarre thanked all that attended the meeting, requested the City have a protocol on sending letters to family members of fallen soldiers. L. EXECUTIVE SESSION — None Lay of Kenai Council Meeting Minutes Page 11 of 12 May 7, 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 2nd 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 9:12 p.m. MI tes prepared and submitted by: 7 S nd odigh, 07MC City—Clerk "The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shaft 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 12 of 12 May 7, 2014