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Home My WebLink About2014-06-18 Council MinutesKENAI 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 Robert Molloy Terry Bookey 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 Ryan Marquis Brian Gabriel Tim Navarre 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. u.., of Kenai Council Meeting Page 2 of 13 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 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. h5 [el l LeiF 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. u.., of Kenai Council Meeting Page 3 of 13 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. 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 21 s'. 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: U,y of Kenai Council Meeting Page 5 of 13 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. MOTION: 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. GLy 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 41h 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. Goy of Kenai Council Meeting Page 7 of 13 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. *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. *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 Page 8 of 13 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 for the 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)J. 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. City of Kenai council Meeting Page 9 of 13 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 Page 10 of 13 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. VOTE: 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 19tH 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 June 18, 2014 Page 11 of 13 • 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 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 20th meeting, Council postponed this ordinance to the August 20th 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: S n ra odigh, CMC 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. Qty of Kenai Council Meeting Page 13 of 13 June 18, 2014