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HomeMy WebLinkAbout2014-09-03 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 3, 2014 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR RYAN MARQUIS, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 3, 2014, in City Hall Council Chambers, Kenai, AK. Vice Mayor Marquis called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Vice Mayor Marquis led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Mayor Pat Porter (Telephonic) Ryan Marquis Robert Molloy Terry Bookey Mike Boyle Tim Navarre Brian Gabriel A quorum was present. Also in attendance were: Rich Koch, City Manager Scott Bloom, City Attorney Linda Murphy, Acting City Clerk 3. Agenda Approval Vice Mayor Marquis noted the following requested additions to the agenda and agenda packet: • Resolution 2014 -60 —Addition of memorandum from the City Manager • Ordinance 2791 -2014 — Addition of memorandum from the City Attorney • New Item — Mayor's Report — Letter from Alan Fields regarding the appointment of Allison Ostrander as the new student representative • Add to City Attorney reports an email from Fred Braun and KMC 7.15.045, Local Preferences MOTION: Council Member Molloy MOVED to approve the agenda with the requested amendments proposed by the Vice Mayor and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Vice Mayor Marquis requested the removal of the August 20, 2014, minutes from the consent agenda and asked the Clerk to include them in the September 17 packet. MOTION: Council Member Molloy MOVED to approve the consent agenda, less the minutes, and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Vice Mayor Marquis opened the floor for public comment on consent agenda items; there being no one wishing to be heard, public comment was closed. 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 Resolution No. 2014 -60 - Amending its Comprehensive Schedule of Rates, Charges, and Fees to Remove Certain Fees for the Use of the City Boat Launch Ramp and Dock Parking Before and After the Personal Use Dip Net Fishery Season Vice Mayor Marquis opened public hearing; there being no on wishing to be heard, the public hearing was closed. MOTION: Council Member Boyle MOVED to approve Resolution No. 2014 -60 and Council Member Molloy SECONDED the motion. Council Member Bookey asked for an explanation of the "first ten minutes" and "each ten minutes over ten." City Manager Koch stated that there was no monitoring of time at the boat launch area, but this provision in the fee schedule tended to keep people moving in _ order to avoid the charge. of Kenai Council Meeting Page 2 of 9 September 3, 2014 Mayor Porter voiced her objection to acting on this resolution prior to hearing from the Harbor Commission. [Clerk's Note: The Harbor Commission's September 8 meeting was cancelled prior to this agenda item's inclusion on the Council Agenda. Its next meeting was scheduled for October 6. Under Council rules, items pending after the regular election (October 7) fall off the agenda.] The Mayor noted that there was no urgency since fishing and boating season would be over soon and this resolution could be brought back to the Council as a new resolution after the October election. Councilmembers Navarre and Gabriel concurred. Mr. Navarre noted that this was a perfect example of why the rule requiring items to be dropped from the agenda after an election should be changed. MOTION TO AMEND: Council Member Bookey MOVED TO AMEND the resolution by deleting the word "also" from the "Parking Only" section of the fee schedule in reference to both Commercial and Personal Use Fishery Days; Council Member Molloy SECONDED the motion. Council Member Bookey noted that these two sections of the fee schedule seemed to contradict sections earlier in the schedule stating that launch permits included parking with a trailer. VOTE ON MOTION TO AMEND: MOTION PASSED UNANIMOUSLY. Council Member Boyle asked if the Harbor Commission Meeting could be rescheduled. The Clerk replied that a special meeting could be called by Council, but that sufficient time would be needed to publicly notice the meeting. Council Member Bookey stated that he was ready to vote on the motion to adopt the resolution. He stated that amending the fee schedule was a policy decision that could be made by the Council without input from the Harbor Commission. VOTE ON MOTION AS AMENDED: YAY: Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Porter, Navarre MOTION PASSED. 2. 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 [Clerk's Note: At its August 20t" meeting, Council postponed this ordinance to the September 3`d meeting. Motion to enact is on the floor.] Council Member Boyle noted that adoption of Resolution 2014 -60 had made this _ ordinance moot. (.J,y of Kenai Council Meeting Page 3 of 9 September 3, 2014 MOTION: Council Member Boyle MOVED to postpone Ordinance No. 2789 -2014 indefinitely; the motion was SECONDED by Councilmember Molloy. The motion PASSED unanimously. 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 Vice Mayor Marquis opened public hearing; there being no one wishing to be heard; the public hearing was closed. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2790 -2014; the motion was SECONDED by Councilmember Bookey. Council Member Gabriel asked for an overview of the non - standard aspects of the proposed lease. City Manager Koch noted that the lease term was for an initial period of 35 years with an option for a 20 -year extension. He also noted that the lease provided up to five years of lease credits to cover the cost of excavation and back fill of the area to be leased since a considerable amount of work would be required to make the site suitable for building. MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2791 -2014 — Declaring that TSN, R11 W, Section 5, Seward Meridian, KN 0003025, East Addition, 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 Vice Mayor Marquis opened the public hearing; there being no one wishing to be heard; the public hearing was closed. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2791 -2014; the motion was SECONDED by Council Member Molloy. MOTION TO AMEND: Council Member Bookey MOVED to amend Ordinance No. 2791 -2014 as follows: Amend the third "Whereas" to read: "WHEREAS, on August 29, 2014, the City paid the outstanding balance for property taxes in the amount of $8,175.25 of C,,,y of Kenai Council Meeting Page 4 of 9 September 3, 2014 which $4,788.17 relates to the Kenai Peninsula Borough taxes and interest and the remaining $3,387.08 relates to City of Kenai taxes and interest ;" Amend the fourth "Whereas" to read: "WHEREAS, on September 3, 2014, the Borough conveyed Lots 12 through 16, Block 3, East Addition, Townsite of Kenai to the City by quitclaim deeds dated; and" Amend the second to last "Whereas' to read: "WHEREAS, on August 21, 2014, the Clerk sent a copy of the publicized notice of the hearing on this ordinance to the last record even owner of the property as the name appears on the Borough assessment rolls by certified mail; and" Council Member Boyle SECONDED the motion. MOTINO TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YAY: Porter, Boyle, Gabriel, Molloy, Navarre NAY: Bookey, Marquis MOTION PASSED. 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 Vice Mayor Marquis opened public hearing; with no one wishing to be heard, the public hearing was closed. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2792 -2014 and Council Member Boyle SECONDED the motion. MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2014 -61 — Authorizing a Budget Transfer within the Personal Use Fishery Fund — Parks, Recreation, and Beautification Department for 2014 Fishery Rentals in Excess of Budgeted Amounts Vice Mayor Marquis opened the public hearing, there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -61 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. There being no objection, SO ORDERED. GLy of Kenai Council Meeting Page 5 of 9 September 3, 2014 7. Resolution No. 2014 -62 — Requesting the Alaska Board of Fisheries Hold its 2017 Upper Cook Inlet Finfish Meeting on the Kenai Peninsula and Approving Joint Resolution 2014 -01 Vice Mayor Marquis opened the public hearing, there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Boyle MOVED to enact Resolution No. 2014 -62 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of August 20, 2014 THE MINUTES WERE REMOVED FROM THE AGENDA WITH INSTRUCTIONS TO PLACE THEM ON THE SEPTEMBER 17 AGENDA. 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. 3. *Ordinance No. 2793 -2014 — Reappropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Senior Center Improvement Capital Project Fund Introduced by the consent agenda and public hearing set for September 17th. 4. *Ordinance No. 2794 -2014 — Accepting and Appropriating Federal /State Emergency Management Grants for the Recovery from the 2013 October Kenai Peninsula Borough Flood Introduced by the consent agenda and public hearing set for September 17th. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Meeting was cancelled. 2. Airport Commission — Next meeting was scheduled for next week. 3. Harbor Commission — Next meeting scheduled for October 6. Cary of Kenai Council Meeting Page 6 of 9 September 3, 2014 4. Library Commission — No report. 5. Parks and Recreation Commission — Next meeting scheduled for September 4. 6. Planning and Zoning Commission — Council Member Navarre reviewed the meeting minutes in the packet. 7. Beautification Committee — Navarre noted that he had attended the meeting the prior evening for the Mayor. He stated that Mr. Frates conducted a tour of city gardens for the commissioners prior to the meeting. 8. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Vice Mayor Marquis noted that the city had received a letter from Alan Fields confirming that Allison Ostrander had been appointed the Council's student representative. Mayor Porter noted that she would be administering the oath of office to Ms. Ostrander at the next meeting. Mayor Porter asked to add to the next agenda approval of travel for Council Member Gabriel to accompany the City Manager to Juneau to petition the Board of Fish to conduct its 2017 meeting on the peninsula. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Commended Mayor Porter for her suggestion to establish a wild flower garden between Lawton Street and the Spur Highway. • Sidewalk project is progressing. • Noted that he would miss the next meeting as he would be attending a conference that week. • Reported that he had met with representatives of the Chamber and Rotary to discuss a proposed Snow Sculpture Event scheduled for March 7, 2015. He added that GCI is interested in sponsoring the event. MOTION: Councilmember Navarre MOVED to approve Councilmember Gabriel's travel to Juneau. The motion was SECONDED by Council Member Bookey. Following discussion with the Clerk and the Attorney, the motion was ruled OUT OF ORDER unless the Council voted to suspend the rules. MOTION: Cary of Kenai Council Meeting Page 7 of 9 September 3, 2014 Mayor Porter MOVED to SUSPEND THE RULES in order to take up a motion to approve Council Member Gabriel's travel to Juneau. The motion was SECONDED by Council Member Navarre. VOTE ON MOTION TO SUSPEND THE RULES: YAY: Porter, Navarre NAY: Boyle, Bookey, Gabriel, Marquis, Molloy 2. City Attorney— City Attorney Bloom noted the information he had provided with respect to local preference. Council Members Molloy and Gabriel thanked him for his work on this subject. 3. City Clerk — No report K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) — None 2. Council Comments Council Member Navarre thanked the city for its help with Industry Appreciation Day and noted that it was a big success this year. Council Member Gabriel noted that Industry Appreciation Day was well attended. He thanked the Council for its interest in having him go to Juneau to lobby the Board of Fish to meet on the Peninsula. Council Member Bookey stated that he was pleased that the purchase order for the convention center feasibility study had been approved. He also welcomed candidates for the Borough Assembly and the City Council to the meeting. Council Member Boyle thanked the Council for supporting his resolution reducing fees for boat launch ramp. L. 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 Bookey 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 Cary of Kenai Council Meeting Page 8 of 9 September 3, 2014 Ordinance are Required to be Confidential, and requested the attendance of the City Attorney and the City Manager. Council Member Molloy SECONDED the motion. VOTE: YAY: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: None MOTION PASSED UNANIMOUSLY. Upon reconvening in open session, Vice Mayor Marquis noted that Mayor Porter was no longer participating in the meeting. He stated that the Council had given direction to the City Attorney with regards to the litigation. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:56 p. M. Minutes prepared and submitted by: -qlj'YAC4� Linjajmirphy, MM ActiM City Clerk lniy of Kenai Council Meeting Page 9 of 9 September 3, 2014