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HomeMy WebLinkAbout2015-09-02 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 2, 2015 — 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 September 2, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:OOp.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Robert Molloy Terry Bookey (telephonic) Tim Navarre A quorum was present. Also in attendance were: Henry Knackstedt Brian Gabriel, Vice Mayor Ryan Marquis "Hannah Drury, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Mayor Porter noted the following requested revisions /additions to the agenda /packet: Add to Item D.3 Resolution No. 2015 -50 • Purchase and Sales Agreement Add to Item G.3 Ordinance No. 2852 -2015 • Supporting Memorandum MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Vice Mayor Gabriel MOVED to approve the consent agenda, and requested UNANIMOUS CONSENT; Council Member Navarre SECONDED the motion. Mayor Porter opened public comment for items on the consent agenda; there being no one wishing to be heard, the 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 1. Ordinance No. 2851 -2015 — Increasing General Fund Estimated Revenues and Appropriations for Unbudgeted Costs Related to the Acquisition of Property Retained for a Public Purpose. MOTION: Vice Mayor Gabriel MOVED to enact Ordinance No. 2851 -2015; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch advised that the property would be gone within the next 45 days. Koch further explained there wouldn't be any additional costs for storage. City Attorney Bloom advised that it would be prudent for the City to hold the property for a year, treat it as abandoned, and then sell it at auction. It was further confirmed that there weren't any residents on the parcels. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: * *Student Representative Drury: YEA City of Kenai Council Meeting Page 2 of 8 September 2, 2015 MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2015 -49 — Awarding an Agreement for Development of Construction Documents for Improved Airport Drainage 2016 to Wince Corthell Bryson. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2015 -49 and the motion was SECONDED by Council Member Navarre. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch clarified that the project was titled with this specific language for the purpose of scoring higher with the FAA. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: ' "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2015 -50 — Authorizing the Purchase of the Following Seven Parcels of Real Property: Government Lot 15, Section 7, Township 5 North, Range 11 West, Seward Meridian; Lots 1, 2, 3, and 4, Dragseth Subdivision, According to Plat KN 77- 56; and Lots 5A and 6A Dragseth Subdivision No. 2 According to Plat KN 91 -33, all in the Kenai Recording District, Third Judicial District, State of Alaska, Including all Improvements thereon, from ARK Properties, LLC for the Purpose of Constructing Improved Public Access to the City's South Beach. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2015 -50; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch requested the Resolution be postponed as there were still a few items to be finalized prior to the Council taking action. Koch provided a brief history leading up to the decision to create an improved public access to the City's south beach, included state grant funding in the amount of $1.9 million for the purpose of design and construction. Koch reported the City made an offer to purchase all seven parcels for $1.6 million, contingent on Council approval. Further reported was that Administration intended to purchase all the properties, retain ownership of the 4 properties to the north and then sell the remaining properties to the south. City of Kenai Council Meeting Page 3 of 8 September 2, 2015 City Attorney Bloom reviewed some of the terms of the negotiated sales agreement noting the City would need to close within 60 days, that all closing costs will be incurred by the City and that the City could terminate the agreement any time before the closing. Bloom advised that the postponement was necessary due to a Charter provision requiring the proceeds of land purchases be placed into a General Fund Land Permanent Fund that cannot be used to build the road. Bloom added that Administration is working on a mechanism to move forward. It was further explained that the City would no longer be interested in operating the Dunes Road access and no longer complete an annual MOA with the Borough to do so. Nor would the City continue using Cannery Road, but instead have a single point access and pursue a vacation of the section line on Old Cannery Road. MOTION TO AMEND: Council Member Molloy MOVED to amend section one, last paragraph, to add "and subject to the non - objection of the Department of Commerce, Community, and Economic Development to the use of grant funds for the purchase of these properties; the motion was SECONDED by Council Member Marquis. VOTE ON THE MOTION TO AMEND: YEA: Porter, Knackstedt, Marquis, Bookey, Navarre, Gabriel, Molloy NAY: * *Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. Molloy noted he would like to see plans come back before Council and expressed concerns with the last whereas on page two of the Resolution related to excess land and would like further clarification before Council takes action. MOTION TO AMEND: Council Member Molloy MOVED to amend the last whereas to read, "... the City intends to re- subdivide the properties and sell the improvements and excess land that the Council determines to not be needed for a public purpose." Council Member Marquis SECOND the motion. After further discussion and with concurrence of Councilor Marquis, Council Member Molloy withdrew his amendment. City Attorney Bloom requested to work with Molloy on drafting further amendments. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone Resolution No. 2015 -50 to the September 16, 2015 meeting; the motion was SECONDED by Council Member Gabriel. VOTE ON THE MOTION TO POSTPONE: City of Kenai Council Meeting Page 4 of 8 September 2, 2015 YEA: Porter, Knackstedt, Marquis, Navarre, Gabriel, Molloy NAY: Bookey * *Student Representative Drury: YEA MOTION PASSED. E. MINUTES 1. *Work Session of August 17, 2015 Minutes were approved by the consent agenda. 2. *Regular Meeting of August 19, 2015 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. 3. *Ordinance No. 2852 -2015 — Repealing and Reenacting Kenai Municipal Code Chapter 7.15 - Purchases and Sales, to Expand Public Solicitation Requirements, Redefine Professional Services, Define Management Services, Reorganize the Chapter, Provide an Appeals Process, and Make Other Material and Housekeeping Changes and Amending Chapter 7.25 -City Budget, to Include Setting Fee Schedules. Introduced on the consent agenda and public hearing set on September 16, 2015. 4. *Ordinance No. 2853 -2015 — Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed through the Alaska State Library for Employee Travel and Training. Introduced on the consent agenda and public hearing set on September 16, 2015. 5. *Ordinance No. 2854 -2015 — Increasing Estimated Revenues and Appropriations by $41,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Airfield Marking & Signage Project and Awarding a Contract to Wince - Corthell -Bryson Consulting Engineers for Design Services. Introduced on the consent agenda and public hearing set on September 16, 2015. City of Kenai Council Meeting Page September 2, 2015 6. Action /Approval — Assignment of Lease between L & M Ventures, Inc. & Michael J. Lott, Natasha Lott & Nina Marion D /B /A Little Ski -Mo's and Judilee Forrest for Property Described as Lot 3, Block 1, Gusty Subdivision. Molloy disclosed a conflict of interest and the Mayor requested he abstain from voting. MOTION: Vice Mayor Gabriel MOVED to approve the assignment of lease and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Porter, Knackstedt, Navarre, Marquis, Bookey, Gabriel NAY: ABSTAIN: Molloy "Student Representative Drury: YEA MOTION PASSED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — next meeting is September 10. 2. Airport Commission — next meeting is September 10. 3. Harbor Commission —next meeting is September 21. 4. Parks and Recreation Commission — next meeting is September 3. 5. Planning and Zoning Commission — held a meeting on August 26. The meeting minutes, which were provided in the packet, were reviewed. It was also reported that a work session was scheduled on 9/22. 6. Beautification Committee — next meeting is September 8. 7. Mini -Grant Steering Committee — no report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Attended the late Tommy Thompson's memorial services. There was no objection to requesting the City Clerk have a memorial placed at Leif Hansen on Mr. Thompson's behalf. • Attended the Old- Timer's Luncheon • Industry Appreciation Day was well attended • Attended the Veteran's event • Working with representatives of Home Depot on a dog park at the end of Daubenspeck Park • Attended Governor Walker's breakfast at Cannery Lodge City of Kenai Council Meeting Page 6 of 8 September 2, 2015 • Working with Historical Society for a scholarship • Plans to bring forward an abandoned mobile home ordinance which will go through Planning & Zoning first • Received concerns regarding cleaning and cutting on large parcels of land creating dust bowls; would like to see this addressed as there isn't anything in code currently • Working on a way to recognize those that created our Charter • Municipal Park ribbon cutting ceremony, September 12 • Work completed by an Eagle Scout by Vintage Pointe • Attended the Food Bank event ADMINISTRATION REPORTS City Manager reported on the following: • Work session at 5:30 on the 161 for Capital Improvement Project priorities • Will be requesting a re- appropriation of the funding for the bluff project • First meeting in October Council will need to schedule the meeting with the legislative delegation • Will address dog attendance for next year's Industry Appreciation Day; was able to speak with Murkowski about city projects at the event • Traveled to Boise with the Attorney 2. City Attorney — no report. Council Member Marquis expressed concerns with providing a cash donation for Thompson, especially to a church; wanted to have the discussion during the meeting; would prefer to have the funds given directly to the family versus the church. City Attorney Bloom agreed that there's always concerns with the City donating money, and recommended the policy be revisited. 3. City Clerk — no report. K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Navarre thanked everyone involved in Industry Appreciation Day; thanked the Mayor and National Guard; spoke in favor of the Old- Timers function; attended Governor Walkers breakfast and appreciated the topics discussed; attended the joint chamber luncheon and noted that a resolution may be in order depending on what happens at the state's financial level; gave condolences to the Thompson family and noted he didn't have issue with the donation to his church; stated the field of flowers looked good; and advised he'd be calling in for the next meeting. Vice Mayor Gabriel gave his condolences to the Thompson family; advised the subcommittee is meeting at 6p tomorrow; wished all a happy Labor Day. City of Kenai Council Meeting Page 7 of 8 September 2, 2015 Councilor Knackstedt thanked Mayor Porter for the Old- Timers; noted he attended and assisted with Industry Appreciation Day. Councilor Molloy reported he attended Industry Appreciation Day and thanked Navarre for the event; requested to have two public hearings for the purchasing code ordinance. Student Representative Drury reported that leadership is working on home coming and the theme is star wars. L. EXECUTIVE SESSION — None M. PENDING ITEMS 1. Resolution No. 2015 -12 — Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:18 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September I /1/ ` *The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Page 8 of 8 September 2, 2015