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HomeMy WebLinkAbout2014-07-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JULY 16, 2014 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 16, 2014, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present Mayor Pat Porter Robert Molloy Mike Boyle Terry Bookey (telephonic) A quorum was present 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: D•2 Ordinance No. 2781 -2014 • Memorandum MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the agenda by moving Resolution No. 2014- 50 as D.1, Ordinance No. 2780 -2014 as D.2, and the executive session as D.3 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Boyle 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 Courtney Stroh, Kenai resident thanked Council for their support of Roc the Kenai and during her tenure as the Council Student Representative, D. PUBLIC HEARINGS 1. Resolution No. 2014 -50 — Directing the Continuation of the Project Entitled "VIP Drive Special Assessment District" and Designating what Improvements are to be Included in this Project. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -50 and requested UNANIMOUS CONSENT. Council Member Boyle 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. Ci,y of Kenai Council Meeting Page 2 of 5 July 16, 2014 2. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2780 -2014 and Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing. The following spoke in favor of the Ordinance: Courtney Stroh, Kenai resident Jenny Olinedorf, Soldotna resident Alley Juicy, Soldotna resident Susan Smalley, Kenai resident The following spoke in opposition of the Ordinance: Steve Mapes, Kenai resident Katie Quinn, Kenai resident. Tamara Mapes, Kenai resident Council Member Boyle noted concerns regarding the reference to plant based materials and Council taking action before the state ballot measure is voted on. Mayor porter spoke in favor of the ordinance. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2780 -2014 to the August 61^ Council meeting and requested UNANIMOUS CONSENT. Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 3. 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: 4. Council Member Molloy MOVED to enter into 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)] Gry of Kenai Council Mee4n9 Page 3 of 5 July 16, 2014 requesting the attendance of the City Attorney and City Manager and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council entered into executive session. Upon reconvening in open session, Council Member Molloy advised the Council received information from legal counsel regarding litigation concerning CINGSA's purchase of mineral rights, easements, and access to pore space. MOTION: Council Member Molloy MOVED to approve the settlement and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. Council Member Bookey was excused from the meeting at 7:42 p.m.; a quorum was no longer present. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments Jaylene Peterson -Nyren of the Kenaitze Indian Tribe provided an over view of the programs that are offered by the organization in addition to the new wellness center. Bob Peters, Kenai resident stated that he thought that public testimony during a hearing should be after the Council has finished debate, spoke in opposition of creating new rules or laws that would restrict a local business and spoke in favor of vaping. 2. Council Comments Council Member Molloy thanked all for their comments and thanked the City employees for their positive efforts during the dip net fishery. Council Member Boyle echoed Molloy's comments and thanked Mr. Peters for attending the meeting. Mayor Porter thanked the Chief Sandahl for directing traffic during the road construction and noted a documentary was being filmed of dip net fishery. F. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:58 p.m. City of Kenai Council Meeting Page 4 of 5 July 16, 2014 Minutes prepared and submitted by: IMIKV San r M digh, 0MC City Clerk City of Kenai Council Meeting Page 5 of 5 July 16, 2014