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Home My WebLink About2014-08-06 Council MinutesKENAI CITY COUNCIL— REGULAR MEETING AUGUST 6, 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 6, 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 (telephonic) Terry Bookey Tim Navarre Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: D.1 Ordinance No. 2780 -2014 • Email Correspondence in Favor D.2 Ordinance No. 2781 -2014 • Memorandum MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey 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 — None. D. PUBLIC HEARINGS 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 July 16`h meeting, Council postponed this ordinance to the August 6m meeting; motion to approve is on the floor.] Mayor Porter opened the public hearing. The following individuals spoke in favor of the ordinance: Jenny Olendorf, Soldotna resident Alley Juicy, Soldotna resident Mackenzie Linderman, Soldotna resident Rachael Todd Pamela Howard, Soldotna resident Susan Smalley, Kenai resident Johna Beech, Kenai resident Nels Anderson, Soldotna resident Jim Zirul, Kenai resident The following individuals spoke in opposition to the ordinance: Cuy of Kenai Counal Meeting Page 2 of August 6, 2014 There being no one else wishing to speak the public hearing was closed. Discussion ensued by Council with some members expressing interest in excluding the reference to plant based material. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2780 -2014 by revising the definition of "smoking" on page 2 of 3 to read as follows: means (1) the burning, inhaling, or exhaling of a tobacco or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form; or (2) the use of any electronic cigarette. "` SECONDED the motion. VOTE: YAY: Boyle, Marquis, Molloy NAY: Porter, Bookey, Navarre MOTION FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2780 -2014 by revising the definition of "health care facility" on page 2 of 3 to read as follows: means a business, office or institution that provides medical, mental, or dental health treatment. Council Member Bookey SECONDED the motion. VOTE: YAY: Boyle, Porter, Bookey, Navarre, Molloy NAY: Marquis MOTION PASSED. Mayor Porter passed the gavel to Council Member Molloy. MOTION TO POSTPONE: Mayor Porter MOVED to postpone Ordinance No. 2780 -2014 to the August 2011 Council meeting and Council Member Boyle SECONDED the motion. VOTE: YAY: Porter NAY: Marquis, Boyle, Bookey, Navarre, Molloy MOTION FAILED. U, y of Kenai Council Meeting Page August 6, 2014 VOTE ON MAIN AS AMENDED: YAY: Porter, Navarre NAY: Marquis, Boyle, Bookey, Molloy MOTION FAILED. Council Member Bookey provided notice of a reconsideration at the August 201h meeting. 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. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2781 -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. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2781 -2014 1.85.050 (C) by replacing the words, "fine' with "penalty' and "fines" with 'penalties" and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2781 -2014 1.85.050 (e) to read as follows, "The City Clerk or Attorney shall notify the Council and Candidate or Municipal Officer in writing of any known violation of this chapter. The Council shall direct the City Attorney or Clerk to proceed with enforcement as provided by this chapter." Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YAY: Porter, Navarre, Marquis, Bookey, Molloy NAY: Boyle MOTION PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2781 -2014 1.85.050 (c) by revising the first sentence to read as follows, "A seated municipal officer who refuses or fails to submit a required statement, or to make a required disclosure of information on that statement as required in that statement, as provided in this chapter....." and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. City of Kenai Council Meeting Page 4 of 12 August 6, 2014 VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2781 -2014 1.85.050 (c) by inserting the following sentence, "Council may request further information from the affected municipal office if needed to make a fair determination." After the words, "complete reduction of civil penalties" and before, "A City Council Member subject..." and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE ON MAIN AS AMENDED: YAY: Porter, Navarre, Marquis, Bookey, Molloy NAY: Boyle MOTION PASSED. 3. "Ordinance No. 2782 -2014 — Enacting KMC 14.20.171 -Group Care Facilities, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Define and Provide Zoning Regulations for Group Care Facilities. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2782 -2014 and Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Concerns related to amending the Land Use Table were noted and a joint work session with the Planning & Zoning Commission was discussed. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2782 -2014 to the September 17t1 meeting with an additional public hearing. Council Member Boyle SECONDED the motion. VOTE: YAY: Porter, Navarre, Marquis, Bookey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Scheduling of the joint work session was to be placed on the next meeting agenda. City of Kenai Council Meeting Page August 6, 2014 4. *Ordinance No. 2783 -2014 — Enacting KMC 14.20.172- Emergency Shelters, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Provide Zoning Regulations for Emergency Shelters that Provide Temporary Housing for Homeless and Others in Need of Safe Accommodations. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2783 -2014 and Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Concerns related to amending the Land Use Table were noted and a joint work session with the Planning & Zoning Commission was discussed. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2783 -2014 to the September 17'h meeting with an additional public hearing. Council Member Boyle SECONDED the motion. VOTE: YAY: Porter, Navarre, Marquis, Bookey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. *Ordinance No. 2784 -2014 — Amending KMC 14.22.010 -Land Use Table, to Designate Airports as a Conditional Use Instead of a Permitted Use, in Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zones and to Clarify the Intended Land Use. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2784 -2014 and 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: YAY: Porter, Navarre, Marquis, Bookey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Cuy of Kenai Council Meeting Page 6 of 12 August 6, 2014 6. *Ordinance No. 2785 -2014 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2785 -2014 and 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: YAY: Porter, Navarre, Marquis, Bookey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. 7. Resolution No. 2014 -51 — Establishing a Kenai Business Improvement Program. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -51 and 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: YEA: Navarre, Porter NAY: Molloy, Boyle, Bookey, Marquis MOTION FAILED. 8. Resolution No. 2014 -52 — Prescribing the Officials Bond Amount for the City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai Municipal Charter. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -52 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. City of Kenai Council Meeting Page 7 of 12 August 6, 2014 9. Resolution No. 2014 -53 — Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -53 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. City Manager Koch provided an update on the project. Vice Mayor Marquis exited the meeting at 9:12p. VOTE: There being no objections, SO ORDERED. 10. Resolution No. 2014 -54 — Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of the Attachment. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -54 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. 11. Resolution No. 2014 -55 — Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060 and 7.15.070. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -55 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. E. MINUTES 1. `Regular Meeting of July 16, 2014 City of Kenai Council Meeting Page 8 of 12 August 6, 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 — Non Objection of Transferring Liquor License #5224 from Francisco Rodriquez to Ramon Gonzalez d /b /a Playa Azul and of a Restaurant Designation Permit. Approved by the consent agenda. 3. *Ordinance No. 2786 -2014 — Enacting KMC 23.40.035 - Bona Fide Employer- Sponsored Medical Leave Sharing Arrangement. Ordinance was introduced on the consent agenda and public hearing set for August 201H 4. *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. Ordinance was introduced on the consent agenda and public hearing set for August 201h 5. *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. Ordinance was introduced on the consent agenda and public hearing set for August 201H 6. *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. Ordinance was introduced on the consent agenda and public hearing set for August 201H Action /Approval — Special Use Permit with the State of Alaska Department of Natural Resources /Division of Forestry to Conduct Aeronautical and /or Aviation Related Activities at the Kenai Municipal Airport. MOTION: Council Member Molloy MOVED to approve the Special Use Permit and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. City of Kenai Council Meeting Page 9 of 12 August 6, 2014 VOTE: There being no objections, SO ORDERED. 8. Action /Approval — Second Amendment to the Kenai Municipal Airport Airline Operating Agreement and Terminal Area Lease between the City and Grant Aviation, Inc. MOTION: Council Member Bookey MOVED to approve the amended agreement and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — City Clerk advised the August meeting had been cancelled and the Mayor reported on the July meeting. 2. Airport Commission — Mayor Porter reported on the July meeting. 3. Harbor Commission — Council Member Molloy advised Boyle would be attending the August meeting. 4. Library Commission — Council Member Boyle provided an overview of the August 5th meeting and the Mayor advised of three vacancies on the commission. 5. Parks and Recreation Commission — Bookey advised the next meeting was August 7th and the Mayor would be attending in his absence. 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: • Swearing in new Fire Marshal and Firefighter. • Attended the bill signing with the Governor Parnell. • Working with Eagle Scouts to assist the high school in beautifying a green space. • Met with the Salmon Frenzy volunteers and advised of additional projects the volunteers were working on other than the personal use fishery. • Saturday Coffee with the Mayor is successful. • New businesses in town, AT &T and Bakery. City of Kenai Council Meeting Page 10 of 12 August 6, 2014 J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Update on the neighborhood clean -up. • Update on the 2014 Personal use Fishery and expected date for report. • Capital Projects upcoming in October. • Beaver Loop reopened. • Corps of Engineers secured funds for the final Feasibility Study, still awaiting signatures. • Deadline for Municipal Matching Grant submitted for upgrade to the waste water treatment center. • Placement of the mural at the airport and removal of a tree. • Remodel of City Hall entrance. Mayor Porter expressed her concerns for the wetlands at the Memorial Bridge. 2. City Attorney • No report 3. City Clerk • Nominating filing period August 1 -15. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Boyle thanked to Corey Hall for her years of service, agreed with Mayor Porter about wetlands near the bridge, noted there are too many boats on the river during the personal use fishery and suggested a safety training, gave accolades to city workers for a well -run fishery. Council Member Molloy thanked Corey Hall for her long services to the City and thanked all employees for their hard work during the fishery. Council Member Bookey advised of the second opened round about in Soldotna, noted he received notification from residents who were pleased with this year's fishery, thanked Corey Hall for her services and wished her well. Council Member Navarre stated that employees working the fishery were courteous and thought the new regulations this year worked, thanked Corey Hall for her services and suggested the City donate a tree on her behalf and possibly having Council donate funds from their stipend. L. EXECUTIVE SESSION — None Scheduled. City of Kenai Council Meeting Page 11 of 12 August 6, 2014 M. PENDING ITEMS 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 postponed this ordinance to the August 2tYh meeting.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:58p.m. Minutes prepared and submitted by: Sand a c{ igh, CJC City C erk City of Kenai Council Meeting Page 12 of 12 August 6, 2014