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HomeMy WebLinkAbout2015-10-07 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING OCTOBER 7, 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 October 7, 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 Tim Navarre A quorum was present. Also in attendance were: Henry Knackstedt Brian Gabriel, Vice Mayor (telephonic) Ryan Marquis "Hannah Drury, Student Representative Rick Koch, City Manager Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Mayor Porter noted the following requested revisions /additions to the agenda /packet: Move to Item DA Ordinance No. 2855 -2015 Add to Item D. 2 Ordinance No. 2852 -2015 • Substitute Ordinance Remove Item E. 1 Work Session Summary of September 14, 2015 Add to Item G. 2 Purchase Orders Exceeding $15,000 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 Molloy MOVED to approve the consent agenda, and requested UNANIMOUS CONSENT; Council Member Marquis 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 1. Jayce Robertson, Kenai Resident — Inlet Woods Subdivision Storm Drain Problem. Jayce Robertson spoke about the storm drain system in the Inlet Woods Subdivision explaining that it was overwhelmed with rain water due to the age and inadequacy of the system. The neighborhood had been further developed over the years providing less opportunity for the water to naturally soak in to undeveloped lots. He pointed out that the water was a nuisance, a cost burden to the City to scrape the ice away in the winter, and also causing slick streets which was a public safety issue. Administration presented an overview of the drain system, explaining how it was designed to work and where three of the drains were malfunctioning due to silt buildup. Testing that had been performed to determine the cause of the malfunction and steps taken to develop a plan for resolution were also explained. C. UNSCHEDULED PUBLIC COMMENTS Michael Tallent spoke about problems caused by the storm drain problem in Inlet Woods Subdivision which included a flooded crawl space, frozen vehicle brakes, and complications at school bus stops. Richard Hallmark explained that, in the fall, the street lights went out in the subdivision and stayed out until spring when the area dried out. He further explained that a safety hazard was created October 7, 2015 Johnathan Wheeler pointed out that occasionally the settling pond and associated ditches become full, such as in 2013. He asked if, when that happens, the City could pump the water out so the water can continue to drain out of the subdivision. Administration advised that the water could be pumped; pointed out that the problems in 2013 were all over the City and not isolated to the Inlet Woods subdivision, and that if the settling pond were to remain clear, and not become full of lawn and tree clippings, it would work properly. D. PUBLIC HEARINGS 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). [Clerks Note: This item was moved at approval of the agenda.] MOTION: Councilor Navarre MOVED to enact Ordinance No. 2855 -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. It was explained that the Planning and Zoning Commission had initially failed to approve rezoning the tracts because there hadn't been anyone in attendance at their meeting to answer questions regarding land uses, parking, and elevation of the building, but after the questions had been answered, was approved upon reconsideration. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Bookey, Gabriel NAY: Marquis "Student Representative Drury: YEA MOTION PASSED. 2. 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. [Clerk's Note: At its September 16`^ meeting, the Ordinance was postponed to October 7r" for the purpose of conducting an additional public hearing. A motion to enact is on the floor.] Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City of Kenai Council Meeting Page 3 of 12 October 7, 2015 It was explained that in light of a substitute ordinance being offered as a laydown that postponement and a work session would be beneficial to further discuss the changes in the substitute. MOTION: Councilor Navarre MOVED to postpone Ordinance No. 2852 -2015 to the October 21 meeting; the motion was SECONDED by Council Member Gabriel. VOTE ON POSTPONEMENT: YEA: Porter, Navarre, Gabriel NAY: Bookey, Knackstedt, Marquis, Molloy "Student Representative Drury: NAY MOTION FAILED. MOTION TO AMEND: Councilor Navarre MOVED to amend Ordinance No. 2852 -2015 by changing the amount in section 7.15.020(a) — Purchases Requiring Council Approval from $15,000 to $25,000; the motion did not carry due to lack of a second. MOTION TO AMEND: Councilor Navarre MOVED to amend Ordinance No. 2852 -2015 by changing the amount in section 7.15.030(a) from $35,000 to $50,000; the motion was SECONDED by Council Member Knackstedt. VOTE ON THE AMENDMENT: YEA: Navarre, Gabriel NAY: Knackstedt, Marquis, Molloy, Porter, Bookey "Student Representative Drury: YEA MOTION FAILED. MOTION TO AMEND: Councilor Navarre MOVED to amend Ordinance No. 2852 -2015 by changing the amount in section 7.15.030(a)(1) from $10,000 to $15,000; the motion was SECONDED by Council Member Knackstedt. VOTE ON THE AMENDMENT: YEA: Navarre, Gabriel, Porter NAY: Knackstedt, Marquis, Molloy, Bookey " "Student Representative Drury: NAY MOTION FAILED. City of Kenai Council Meeting Page 4 of 12 October 7, 2015 MOTION TO AMEND: Councilor Navarre MOVED to amend Ordinance No. 2852 -2015 by 7.15.030(b) by deleting the sentence and replacing it with, "Purchase for supplies, materials, equipment and contractual services shall be made from the responsive and responsible supplier or contractor providing the lowest price. "; the motion was SECONDED by Council Member Gabriel. MOTION TO AMEND THE AMENDMENT: Councilor Molloy MOVED to amend the amendment by inserting the words, "in the amount of $35,000 or less," so the statement reads, "Purchase for supplies, materials, equipment and contractual services in the amount of $35,000 or less shall be made from the responsive and responsible supplier or contractor providing the lowest price. "; the motion was SECONDED by Council Member Marquis. VOTE TO AMEND THE AMENDMENT: YEA: Navarre, Gabriel, Knackstedt, Marquis, Molloy, Porter, Bookey NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDMENT: YEA: Navarre, Gabriel, Knackstedt, Marquis, Molloy, Porter, Bookey NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. MOTION: Councilor Navarre MOVED to amend Ordinance No. 2852 -2015 by 7.15.040 by changing $35,000 to $50,000; the motion was withdrawn. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Molloy, Marquis, Bookey NAY: Navarre, Porter, Gabriel "Student Representative Drury: YEA MOTION PASSED. 3. 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. • Substitute Ordinance No. 2856 -2015 — Increasing Estimated Revenues and Appropriation in the General Fund in the Amount of $16,818.31 for City of Kenai Council Meeting Page 5 of 12 October 7, 2015 Revenue Received in FY2015 for Support of Card Street Fire Suppression Efforts. MOTION: Councilor Bookey MOVED to enact Ordinance No. 2856 -2015; the motion was SECONDED by Council Member Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Councilor Bookey MOVED to amend Ordinance No. 2856 -2015 by substitution; the motion was SECONDED by Council Member Marquis who requested UNANIMOUS CONSENT, VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 4. 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. MOTION: Councilor Bookey MOVED to enact Ordinance No. 2857 -2015; the motion was SECONDED by Council Member Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was explained that past fears of drawing bears to residential areas were found to be unwarranted. There was discussion about setback requirements, fences and coops that go along with chickens which could be a problem in smaller subdivisions. It was pointed out that there was a value to the Conditional Use Permit process that shouldn't be overlooked. VOTE: YEA: Molloy, Marquis, Bookey NAY: Gabriel, Knackstedt, Porter, Navarre City of Kenai Council Meeting Page 6 of 12 October 7. 2015 `Student Representative Drury: YEA MOTION FAILED. 5. Resolution No. 2015 -52 — Adopting the City of Kenai Capital Improvements Plan Priority Lists for State Funding Requests for the Fiscal Year 2017. MOTION: Councilor Bookey MOVED to adopt Resolution No. 2015 -52 and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2015 -53 — Adopting the City of Kenai Recommendations for State - Wide Projects for the State Fiscal Year 2017. MOTION: Councilor Molloy MOVED to adopt Resolution No. 2015 -53; the motion was SECONDED by Council Member Marquis who requested UNANIMOUS CONSENT. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2015 -54 — 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. MOTION: Councilor Knackstedt MOVED to adopt Resolution No. 2015 -54; the motion was SECONDED by Council Member Marquis. UNANIMOUS CONSENT was requested. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Unanimous Consent was opposed. There was opposition to selling the Hurricane Zodiac inflatable and corresponding Yamaha 90 HP motor, until a replacement was obtained, because it was the only small boat available to the City for going up the river, above the dock. Administration pointed out that the inflatable portion of the Zodiac was no longer inflatable and that the City was keeping other smaller boats and that the cost of repairs exceeded the value of the Zodiac. Administration further explained that the draft report on management of the fire City of Kenai Council Meeting Page 7 of 12 October 7, 2015 department encouraged using agreements more, such as agreements to utilize equipment owned by Central Emergency Services. MOTION TO AMEND: Councilor Molloy MOVED to amend Resolution No. 2015 -54 by removing the Hurricane Zodiac Inflatable and associated Yamaha 90 HP motor; the motion didn't carry due to lack of a second. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Navarre, Marquis, Bookey, Gabriel NAY: Molloy "Student Representative Drury: YEA MOTION PASSED. 8. Resolution No. 2015 -55 — Awarding an Agreement for Construction of the Kenai Recreation Center 2015 — Hallway Improvements. MOTION: Councilor Knackstedt MOVED to adopt Resolution No. 2015 -55; the motion was SECONDED by Council Member Bookey. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Clarification was provided on the building's layout after the improvements were made. Explanation was given that administration didn't recommend the alternate because there wasn't enough cost savings to wait until next year. It was also noted that there would be little impact to services during construction. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 9. Resolution No. 2015 -56 — Awarding a Three Year Contract for Facility Management Services at the City of Kenai Multi- Purpose Facility, to Red Line Sports, with an Option to Renew for Two Successive One -Year Terms. MOTION: Councilor Marquis MOVED to adopt Resolution No. 2015 -56 and UNANIMOUS CONSENT was requested; the motion was SECONDED by Council Member Knackstedt. City of Kenai Council Meeting Page 8 of 12 October 7, 2015 Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. Vice Mayor Gabriel was excused from the meeting at 9:13 p.m. E. MINUTES 1. *Work Session Summary of September 14, 2015 Minutes were removed at approval agenda. 2. *Work Session Summary of September 16, 2015 Minutes were approved by the consent agenda. 3. *Regular Meeting of September 6, 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. 2858 -2015 — Re- appropriating State Grant Funds and Funds Previously Transferred from the General Fund in the Senior Center Improvements, New City Shop, and Municipal Roadway Improvements Capital Project Funds to the City Hall Improvements Capital Project Fund. Introduced on the consent agenda and public hearing set on October 21, 2015. 4. Action /Approval — Providing Direction to the City Manager to Draft a Policy for the Sale of Airport Fund and General Fund Lands for Council Consideration. Whether it should be Council or the City Manager providing recommendations as to what should be in the policy, and whether the policy should be put into code were topics discussed. MOTION: Councilor Marquis MOVED to provide direction to the City Manager to develop policies for sale of airport fund, general fund and airport reserve lands by January 20 and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Bookey. City of Kenai Council Meeting Page 9 of 12 October 7, 2015 VOTE: There being no objections, SO ORDERED. 5. Action /Approval —Refer a Draft Ordinance Enacting KMC Chapter 12.50- Abandoned Mobile Homes, to Promote Public Peace, Health, Safety and Welfare through the Regulation of Abandoned Mobile Homes Including Provisions for Abatement and Penalties to the Planning and Zoning Commission for Review and Recommendation. It was decided the draft ordinance would be referred to the Planning and Zoning Commission for review and recommendation. 6. Discussion — Schedule a Work Session to Review the 2015 Personal Use Fishery Report. It was decided a work session would be held October 27, 2015 at 6:00 p.m. 7. Discussion — Implementation Timeline of the State's Marijuana Laws. Land use definitions, the number of establishments and hours of operations were topics discussed. Administration advised that a second draft ordinance containing land use definitions would be provided to the Planning and Zoning Commission on October 27, and a public hearing on the proposed ordinance was scheduled to be held on November 12. It was decided a work session would be held December 1, 2015 at 6:00 p.m. and that the Planning and Zoning Commission would be invited. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Next meeting October 8. 2. Airport Commission — Next meeting October 8. There was discussion regarding a meeting request for a joint Airport Commission meeting with City Council, and the ongoing conflict resolution of two leases. 3. Harbor Commission — Next meeting October 12. 4. Parks and Recreation Commission — Next meeting October 8. a. Event Park Sub - Committee — Next meeting October 13. 5. Planning and Zoning Commission — It was reported that a Work Session was held on September 22 and continued to September 23 regarding land use definitions for the commercial legalization of marijuana. It was also reported that the Commission approved a Conditional Use Permit for a business office on beaver loop and that a Conditional Use Permit for a horse was postponed so that a site visit could be conducted. The next meeting was scheduled for October 14. 6. Beautification Committee —Next Meeting October 20. City of Kenai Council Meeting Page 10 of 12 October 7, 2015 7. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR I Mayor Porter reported on the following: • Attended Saturday Coffee • Venue for Saturday Coffee would be moved to the Library beginning in January • Attended the Chamber and Visitor Center executive board meeting • Attended the Kenai River Marathon which was a huge success; kudos to the Parks and Recreation department and its director • Proclamation for Domestic Violence Month 1. City Manager reported on the following: • Provided report on sales tax growth and loss for the last four years • Appraisal for Drag Net Court Properties in packet • Attended ICMA in Seattle • Would be out of the office on October 16; meeting with the Governor 2. City Attorney — no report. 3. City Clerk — reported that after yesterday's election the unofficial results were posted. Also reported that absentee in person, absentee by mail, and special needs ballots were to be reviewed by the Canvass Board on October 13 at which time an update to the unofficial results would be provided. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Kenneth Cox spoke about a lot adjacent to three that he owned on Forest Drive that has 23 junk cars, pickups, motor homes, and two plastic garage sized sheds on it. He advised that he had tried to sell his lots three times and had never received an offer. He also advised that Administration had been unable to help so brought the matter to the City Council to see if there were recommendations on what he could do to resolve the issue. He was advised that there was an ordinance regarding abandoned vehicles coming back before the City Council soon, which may provide a remedy. 2. Council Comments Council Member Navarre congratulated the winners to elected positions and thanked the voters for voting. Student Representative Drury reported that student leadership was organizing a banquet to benefit homeless youth, that the girls cross country team won at the statewide tournament, and that she had been accepted to Dallas Baptist University. City of Kenai Council Meeting Page 11 of 12 October 7, 2015 Councilor Knackstedt thanked Marquis for his service on City Council; congratulated Molloy on his re- election, and thanked Koch for the removal of the pile of dirt by the senior center. Councilor Molloy thanked the voters for voting; thanked Glendening and Boyle for a good campaign; thanked Marquis for his six years of service to the city, residents and businesses of Kenai with three of those years as Vice Mayor. L. EXECUTIVE SESSION — None M. PENDING ITEMS 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 10:33 p.m. certify the above represents accurate minutes of the Kenai City Council meeting of October 7, "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 12 of 12 October 7, 2015