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Home My WebLink About2014-08-20 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING AUGUST 20, 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 August 20, 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 A quorum was present. Also in attendance were: Rich Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Ryan Marquis Terry Bookey (telephonic) Tim Navarre Mayor Porter requested executive session item L -2, regarding retention of properties for a public purpose be addressed as D -8 and that G -7, approval of a sublease between the Peninsula Art Guild and the Kenai Potters Guild be addressed as D -1. MOTION: Council Member Molloy MOVED to approve the agenda with the requested amendments proposed by the Mayor and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: 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 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 Fred Braun, spoke in opposition to the City not purchasing vehicles from local vendors and requested the current purchase policy be reviewed. D. PUBLIC HEARINGS 1. Action /Approval - Consent to Sublease between Peninsula Art Guild, Inc. and the Kenai Potters Guild for a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as the Fine Arts Center. Mayor Porter ruled a conflict of interest for Council Member Molloy due to his firm representing the Art Guild on the transaction. Council Member Molloy was to abstain from voting. MOTION: Vice Mayor Marquis MOVED to approve the sublease and Council Member Gabriel SECONDED the motion. VOTE: YAY: Porter, Navarre, Marquis, Bookey, Gabriel, Boyle NAY: ABSTAIN: Molloy MOTION PASSED. 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 May 20" meeting, Council ,f Kenai Council Meeting Page 2 of 13 August 20, 2014 postponed this ordinance to the August 20'^ meeting. Motion to enact is on the floor.] Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council discussed the committees /commissions being advisory to Council versus the City Manager and an option to being advisory to both including department heads. A work session was discussed to further review the proposed amendments and draft work product provided by the City Manager, Attorney, and Clerk. MOTION TO AMEND: Council Member Molloy MOVED to amend 1.90.020 (a), second sentence to read as follows, "They shall act in an advisory capacity to Council, the City Manager, and department heads within the City Administration if there are such departments in the City organization that directly relate to the commission or committee." Vice Mayor Marquis SECONDED the motion. VOTE: YAY: Molloy, Marquis, Gabriel NAY: Porter, Navarre, Bookey, Boyle MOTION FAILED. MOTION TO POSTPONE: Council Member Bookey MOVED to postpone the ordinance to the September 17th meeting to schedule a work session. Vice Mayor Marquis SECONDED the motion. VOTE: YAY: Molloy, Marquis, Porter, Bookey NAY: Navarre, Gabriel, Boyle MOTION PASSED. MOTION TO RECONSIDER: Council Member Molloy MOVED to reconsider the vote to postpone. Council Member Gabriel SECONDED the motion. VOTE: YAY: Molloy, Porter, Navarre, Gabriel, Boyle NAY: Marquis, Bookey MOTION PASSED. (Kenai Council Meeting Page 3 of 13 August 20, 2014 VOTE ON POSTPONEMENT: YAY: Marquis, Bookey NAY: Molloy, Porter, Navarre, Gabriel, Boyle MOTION FAILED. VOTE ON MAIN MOTION: YAY: Marquis, Bookey, Molloy, Boyle NAY: Porter, Navarre, Gabriel MOTION PASSED. 3. 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: At its July 2 "e meeting, Council postponed this ordinance to the August 20" meeting. Motion to enact is on the floor.] Council Member Bookey noted for the record, the amendments including the term ,.sexual orientation" in certain sections was not reflected in the packet. MOTION TO AMEND: Council Member Bookey MOVED to amend 23.40.020 (c) by inserting the words, "7(k) Work Period ", after the word, "Fire "; amend 23.40.030 (B)(2) to read as follows: Fire (7(k) Work Period); amend 23.40.030(e) by inserting the words "a 7(k) Work Period." at the end of the last sentence; and amend 23.40.030(g) by inserting the words "a 7(k) Work Period." at the end of the last sentence. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AS AMENDED: YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: MOTION PASSED UNANIMOUSLY. of Kenai Council Meeting Page 4 of 13 August 20, 2014 4. Ordinance No. 2786 -2014 — Enacting KMC 23.40.035 - Bona Fide Employer- Sponsored Medical Leave Sharing Arrangement. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Council Member Boyle MOVED to enact Ordinance No. 2786 -2014 and Council Member Molloy SECONDED the motion. MOTION TO AMEND: Council Member Gabriel MOVED to amend 23.40.035 (a)(2) to reflect a minimum of 80 hour versus 40 hours. Council Member Navarre SECONDED the motion. VOTE ON AMENDMENT: YAY: Porter, Navarre, Gabriel NAY: Marquis, Bookey, Molloy, Boyle MOTION FAILED. Council debated donated leave time equaling an hour for hour or each hour having a monetary value. VOTE ON MAIN MOTION: YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2787 -2014 — Repealing KMC 7.15.110 - Offset Against Delinquent Taxes, and Re- Enacting the Code Section as KMC 7.15.110 - Tax Compliance, to Require Individuals and Businesses Contracting with the City to be in Compliance with City Tax Ordinances. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2787 -2014 and Vice Mayor Marquis SECONDED the motion. It was clarified that bidders would not be rejected if they were not tax compliance, however would be provided 10 days for compliance. VOTE: u.., of Kenai Council Meeting Page 5 of 13 August 20, 2014 YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2788 -2014 — Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal Equipment (SRE) — Plow Truck with Attachments. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2788 -2014 and Vice Mayor Marquis SECONDED the motion. VOTE: YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: MOTION PASSED UNANIMOUSLY. Ordinance No. 2789 -2014 — Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require that the City Provide Residents of the City of Kenai with Free Services at the City - Owned Boat Launch and Parking Facility. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Council Member Boyle MOVED to enact Ordinance No. 2789 -2014 and Council Member Molloy SECONDED the motion. Council agreed with the idea of the ordinance, however members had concerns regarding the legality of the ordinance based on legal opinions of the current and former City Attorney's. City Attorney Bloom advised the current funding structure was of concern and offered additional options, a low cost seasonal pass, or free use of the dock facility to all users after the dip net season. It was also noted that this could be incorporated into the City's fee schedule. MOTION TO POSTPONE: �.,y of Kenai Council Meeting Page 6 of 13 August 20, 2014 Council Member Boyle MOVED to postpone the ordinance to the September 3rd meeting. Council Member Molloy SECONDED the motion. VOTE: YAY: Molloy, Bookey, Gabriel, Boyle NAY: Porter, Navarre, Marquis MOTION PASSED. 8. Resolution No. 2014 -56 — Authorizing the Purchase of Airport Snow Removal Equipment for the Total Amount of $543,706 Utilizing the National Joint Powers Alliance Purchasing Program. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -56 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 9. Resolution No. 2014 -57 — Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled Wastewater Treatment Plant Upgrades -Phase II as the Number One Local State Funding Priority for Fiscal Year 2016. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -57 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 10. Executive Session — Consultation with Attorney and City Manager to Discuss the Retention of Properties 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, by the City of Kenai for a Public Purpose, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential — Attorney Client Privilege [AS 44.62.310 (c)(3)]. MOTION: Vice Mayor Marquis MOVED to enter into executive session for Consultation with Attorney and City Manager to Discuss the Retention of Properties 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, by the City of Kenai for a Public Purpose, u,.y of Kenai council Meeting Page 7 of 13 August 20, 2014 Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential — Attorney Client Privilege [AS 44.62.310 (c)(3)] and requested the attendance of the City Attorney, City Manager, and the City Clerk. Council Member Boyle SECONDED the motion. VOTE: YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: Marquis MOTION PASSED. Upon reconventioning in open session, Vice Mayor Marquis advised the Council met in executive session and consulted with the City Attorney and City Manager on retention of Properties 600, 602, 604, 606 and 608 Peninsula Avenue, not action was taken or direction provided. 10. Resolution No. 2014 -58 — Authorizing a Budget Transfer within the General Fund for the Payment of Back Property Taxes to the Kenai Peninsula Borough on Land to be Retained for a Public Purpose. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -58 and Council Member Gabriel SECONDED the motion. VOTE: YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: Marquis MOTION PASSED. 11. Resolution No. 2014 -59 — Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 and 7.15.070. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -59 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. Cny of Kenai Council Meeting Page 8 of 13 August 20, 2014 1. 'Regular Meeting of August 6, 2014 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS Reconsideration of 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. [Clerk's Note: At its August 6`t' meeting, this ordinance failed and notice for reconsideration was given.] MOTION: Council Member Bookey MOVED to reconsider the vote on Ordinance 2780 -2014 at the August 6th meeting and Council Member Navarre SECONDED the motion. VOTE: YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: Marquis MOTION PASSED. Mayor Porter passed the gavel to Vice Mayor Marquis. MOTION TO AMEND: Mayor Porter MOVED to amend by removing the 8th whereas, "Whereas, Alaskan voters will have the opportunity to vote on the Ballot Measure 2 on November 2, 2014, An Act to Tax and Regulate the Production, Sale and Use of Marijuana, which may increase the use of marijuana in public; and," in its entirety. Council Member Navarre SECONDED the motion. VOTE: YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel, Marquis NAY: MOTION PASSED UNANIMOUSLY. Mayor Porter resumed as presiding officer. MOTION TO AMEND: Council Member Molloy MOVED to amend 12.40.010, definition of "smoking" by inserting the words, "inhaling or exhaling of after the words "of a tobacco or". Council Member Boyle SECONDED the motion. VOTE: �,,y of Kenai Council Meeting Page 9 of 13 August 20, 2014 YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel, Marquis NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend 12.40.010, definition of "smoking" by inserting the words, "that is intended to be inhaled" after the words "or other combustible substance'. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. VOTE ON MAIN AS AMENDED: YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel NAY: Marquis MOTION PASSED. 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. *Ordinance No. 2790 -2014 — Waiving Certain Lease Provisions Imposed by Kenai Municipal Code Chapter 21.10- Leasing of Airport Reserve Lands, and Approving a Non - Standard Lease Form for the Lease of Lot 2, Block 1, General Aviation Apron, Located within the Airport Reserve, to Legacy Electric. Introduced by the consent agenda and public hearing set for September 17th 4. *Ordinance No. 2791 -2014 — Declaring that T 5N R 11W Sec 5 Seward Meridian KN 0003025 East Addn Townsite of Kenai — US Survey 3025 A & B Lots 12, 13, 14, 15 and 16, Block 3, Kenai, Alaska, also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. Introduced by the consent agenda and public hearing set for September 171h u,ry of Kenai Council Meeting Page 10 of 13 August 20, 2014 5. *Ordinance No. 2792 -2014 — Accepting and Appropriating a Grant from State of Alaska Division of Health and Social Services EMS Division Passed Through Kenai Peninsula Emergency Medical Services, Inc. for Travel and Training. Introduced by the consent agenda and public hearing set for September 17th. 6. Action /Discussion — Schedule Work Session to Discuss Ordinance No. 2782 -2014 & Ordinance No. 2783 -2014 Amending the Land Use Table and a Policy on Gifting. Council concurred to wait until a new City Planner was hired to schedule a work session. 7. Discussion — Improvements to Upstairs City Hall. Council concurred to have the improvements addressed as an upcoming project. Council Member Bookey exited the meeting at 9:56 p.m. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — August meeting was cancelled. 2. Airport Commission — Council Member Gabriel reviewed the action taken at the August meeting. 3. Harbor Commission — August meeting was cancelled. 4. Library Commission — No report. 5. Parks and Recreation Commission — No quorum at the last meeting. 6. Planning and Zoning Commission — Council Member Navarre reviewed the meeting minutes in the packet. 7. Beautification Committee — No report. 8. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Porter reported on the following: • 501h Anniversary for Peninsula • 4 l Avenue Park improvements • Jack Blackwell regarding a resolution prohibiting access wetlands ADMINISTRATION REPORTS 1. City Manager reported on the following: t,ny of Kenai Council Meeting Page 11 of 13 August 20, 2014 • Capital Projects deadline -- September 5th • Work session 9/29 -10/7 on Capital Projects Council concurred to schedule a work session on October 6t" at 6 p.m. to discuss Capital Projects. • Peninsula supported resolution to the Board of Fish requesting their next meeting be held on the peninsula Mayor Porter commended the Finance Department staff as pointed out in the Directors report for their hard work and dedication during the City's health care transition. Mayor Porter requested the Director of the Senior Center, in monthly reports, split out the meal counts. 2. City Attorney — no report. 3. City Clerk advised of the recruitment for a part-time administrative assistant II. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) — None 2. Council Comments Council Member Gabriel thanked all staff for their work on the dip net fishery Council Member Navarre invited all to attend Industry Appreciation Day on August 23rtl. Vice Mayor Marquis congratulated the Senior Center Director for her grants and Council Member Molloy for legalizing birthday candles. Council Member Boyle reported on his recent trip to Nome attending the AML Summer Legislative meeting and he agreed with Council Member Bookey's previous comments on the location on the airport mural. L. EXECUTIVE SESSION 1. Consultation with Attorney and City Manager to Discuss an Offer To Purchase Lot 2, Block 1, Gusty Subdivision, a Matter which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)]. MOTION: Council Member Molloy MOVED to enter into executive session for Consultation with Attorney and City Manager to Discuss an Offer To Purchase Lot 2, Block 1, Gusty Subdivision, a Matter which the Immediate Knowledge would Clearly have an Adverse uny of Kenai Council Meeting Page 12 of 13 August 20, 2014 Effect Upon the Finances of the City [AS 44.62.310(c)(1)] and requested the attendance of the City Attorney, City Manager, and the City Clerk. Vice Mayor Marquis SECONDED the motion. VOTE: YAY: Marquis, Molloy, Boyle, Porter, Navarre, Gabriel NAY: MOTION PASSED UNANIMOUSLY. Upon reconvening in open session, Vice Mayor Marquis advised Council me in executive session to consult with the City Manager and Attorney on an offer to purchase property and provided direction to the Administration. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:58p.m. Minutes prepared and submitted by: smwlr Sandra odi , CMC City Clerk �ity of Kenai Council Meeting Page 13 of 13 August 20, 2014