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Home My WebLink About2015-09-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 16, 2015 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 16, 2015, in City Hall Council Chambers, Kenai, AK. Vice Mayor Brian Gabriel called the meeting to order at 7:OOp.m. 1. Pledge of Allegiance Vice Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor (telephonic) Robert Molloy Terry Bookey Tim Navarre (telephonic) A quorum was present. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Henry Knackstedt Brian Gabriel, Vice Mayor Ryan Marquis Vice Mayor Gabriel noted the following requested revisions /additions to the agenda /packet: Add to Item F. 1 Resolution No. 2015 -50 • Supporting Correspondence 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: Councilor Marquis MOVED to approve the consent agenda, and requested UNANIMOUS CONSENT; Council Member Bookey SECONDED the motion. Vice Mayor Gabriel 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 Mark Massera apologized and made amends to the Council and community for graffiti; requested to do community service to clean it up. D. PUBLIC HEARINGS 1. 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. MOTION: Councilor Molloy MOVED to enact Ordinance No. 2852 -2015; the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing. Fred Braun spoke in favor of local purchase. There being no one else wishing to be heard, the public hearing was closed. A review of the proposed changes and how they would affect the process was provided including an outline of new sections that address procurement of professional services and also innovative procurements. MOTION: Councilor Molloy MOVED to postpone Ordinance No. 2852 -2015 to October 7, 2015; the motion was SECONDED by Council Member Knackstedt. City of Kenai Council Meeting Page 2 of 8 September 16, 2015 VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 2. 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. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 2853 -2015; the motion was SECONDED by Council Member Bookey. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. The Library Director was thanked for her work in securing grant funding. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 2854 -2015; the motion was SECONDED by Council Member Bookey. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting September 16, 2015 4. Resolution No. 2015 -51 —Consenting to the Vacation of Certain Right -of -Ways within the Proposed Beluga Subdivision 2015 Replat & Right -of -Way Vacation. MOTION: Councilor Marquis MOVED to adopt Resolution No. 2015 -51 and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Bookey. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1."Regular Meeting of September 2, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS 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. [Clerk's Note: At its September 2nd meeting, the Resolution was postponed as amended to September 161 meeting. A motion to adopt is on the floor.] MOTION TO AMEND: Council Member Molloy MOVED to amend with substitute Resolution No. 2015 -50; the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Gabriel NAY: Bookey MOTION PASSED. MOTION TO AMEND: Council Member Bookey MOVED to amend the last paragraph of section to add the words, '.provided to council," so the paragraph reads for the price of one million six hundred thousand dollars ($1,600,000) plus closing costs allocated in the Purchase and Sales Agreement Attached hereto and complete the purchase price subject to a professional appraisal, provided to council, that supports the purchase price, title reports, surveys and satisfactory results of any other City of Kenai Council Meeting Page 4 of 8 September 16, 2015 relevant due diligence inquires the City Manager may make; the motion was SECONDED by Council Member Marquis who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. Administration provided an explanation of the process moving forward advising the land would be purchased using grant funds, then rezoned into two tracts. Upon the sale of the parcel with improvements, via proposal process, proceeds of the sale were to be returned to the State and deposited into the grant to be available for improvements such as building a road. City Attorney Bloom explained that proceeds from sales of land, not in trust, must be placed in the permanent fund and in this situation, the City would accept the property in trust for the purpose of complying with the grant. He further explained that the state had required that all proceeds be submitted to the State to ensure use of the funds would be governed by the grant and not go to the City's general fund. Vice Mayor Gabriel re- opened the public hearing after amendments had been made to the Resolution. Jason Yeoman, spoke in favor of purchasing the properties without residences. He pointed out that although there have been improvements in how access to the fishery has been handled, it was still not working because property owners have been tolerating trespassing and noise. Additionally he advised that there are too many people to police and an abundance of noise; however, he realized that the dipnet fishery enhanced the economy of Kenai. There was general discussion regarding road locations and access sites that wouldn't affect wetlands, the inability to purchase only the properties needed, and Administration's ability to negotiate the proposal. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel NAY: Bookey, Marquis MOTION PASSED. Councilor Navarre and Mayor Porter were excused from the meeting at 8:13 p.m. 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. *Action /Approval — Appointment of the 2015 Municipal Election Precinct Election Boards. City of Kenai Council Meeting Page 5 of 8 September 16, 2015 Approved by the consent agenda. 4. *Ordinance No. 2855 -2015 — Amending the Official Kenai Zoning Map by Rezoning, Tracts A -1 & A -2, Evergreen Tract a Resub; (Parcel Numbers: 04314102, 04314101) from Rural Residential (RR) to General Commercial (CG). Introduced on the consent agenda and public hearing set on October 7, 2015. 5. *Ordinance No. 2856 -2015 — Accepting and Appropriating Reimbursement Funds in the Amount of $16,818.31 Received for Support of Card Street Fire Suppression Efforts. Introduced on the consent agenda and public hearing set on October 7, 2015. 6. *Ordinance No. 2857 -2015 — Amending the Kenai Municipal Code Section 3.10.070 - Livestock within the City Limits, to Allow for Twelve (12) Chicken Hens or Less to be Kept in the RU, RS1, RS2 and TSH Zones and on Certain Parcels within the City of Kenai that are Less than Forty Thousand (40,000) Square Feet in Size. Introduced on the consent agenda and public hearing set on October 7, 2015. H. 1. Council on Aging — It was reported that the Council heard from a representative from the Peninsula Family Caregiver Support Program and also that they discussed respite services and capital improvement priorities; want the City to request a re- appropriation of funding for the bluff stabilization project and a backup generator for the Senior Center. 2. Airport Commission — It was reported that the Commission heard from Dick Page and Dan Fitz regarding leases and that the Commission would like to schedule a work session with Council regarding airport leases. An update on the master plan and FY16 goals and objectives were also topics discussed at the meeting. 3. Harbor Commission —next meeting is September 21. 4. Parks and Recreation Commission — no report. a. Event Park Sub - Committee — It was reported that the sub - committee was tasked with scoping out a concept for an event park in Kenai and at their September 8 meeting, introductions were made and a name and mission statement were developed. 5. Planning and Zoning Commission — It was reported that a plat was approved at the September 9 meeting. It was also reported that there would be a work session on September 22 regarding marijuana and joint work session with the Airport Commission was anticipated to be scheduled in October for the airport rezone. 6. Beautification Committee — Summary in the packet. 7. Mini -Grant Steering Committee — no report. City of Kenai Council Meeting Page 6 of 8 September 16, 2015 REPORT OF THE MAYOR Vice Mayor Gabriel reported on behalf of Mayor Porter on the following: • Attended Labor Day picnic at KCHS • Attended the Women's Olympic Rugby Team reception • Hosted Saturday Coffee with the Mayor • An open house for the ABC Pregnancy Care Center held on September 19 to celebrate new facility • Work session coming up regarding renewal of City Attorney's contract Vice Mayor Gabriel reported on the following: • Attended Municipal Park celebration; thanked Frates and staff ADMINISTRATION REPORTS 1. City Manager reported on the following: • Expects the draft dipnet fishery report to be presented by the next meeting; will ask for a work session On November 2, a meeting has been scheduled for Council to meet with area legislators regarding capital budgets and other issues Expects a report on sales tax revenues for city of Kenai to be presented at the next meeting 2. City Attorney — reported he and Koch would be traveling to Anchorage to watch the oral arguments in the City of Kenai vs. Cook Inlet Natural Gas Storage Alaska LLC court case. 3. City Clerk — reported that early and absentee voting would begin September 21 through October 6, during business hours, at City Hall. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Jennifer Showalter- Yeoman, invited Council to the dedication of Raven Circle at the Dena'ina Wellness Center; mural by Joel Isaac. 2. Council Comments Councilor Knackstedt attended park dedication; attended the Kenai Historical Society meeting; requested an action /approval item regarding a policy for sale of airport lands with the intent to direct administration to develop a policy. Councilor Molloy thanked those that spoke and testified. L. EXECUTIVE SESSION — None M. PENDING ITEMS City of Kenai Council Meeting September 16, 2015 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 8:38 p.m. I certify the above represents 1fj -3p15. of the Kenai City Council meeting of September City of Kenai Council Meeting Page 8 of 8 September 16, 2015