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HomeMy WebLinkAbout2014-07-02 Council MinutesKENAI 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: DA 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 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. [Clerk's Note: Ordinance was postponed from the June 181^ meeting; motion to approve is on the floor.] City Manager Koch requested the Ordinance be postponed until the August 20" 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 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 2011 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 1 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 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 1 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 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. Cay of Kenai Council 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 9 of 12 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 1o1h 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 25th provided in the packet and advised the next meeting on July gth 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 Lagos • 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 19th • Municipal Election is October 71h • General Election Date is November 4th 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 4th 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" 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: V a San a Mddigh, CAAC City Clerk City of Kenai Council Meeting July 2, 2014