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HomeMy WebLinkAbout2015-10-21 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 21, 2015, 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Certification of Election ........................................................................ Pg. 5 4. Administer Oaths of Office 5. Election of Vice Mayor 6. Agenda Approval 7. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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 (Public comment limited to ten (10) minutes per speaker) 1. Morgan Merritt – State of Alaska Department of Transportation Project to Replace Two Culverts in Kenai. 2. Charlotte Yamada – Importance of the Bowling Alley Remaining a Recreation Facility. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2858-2015 – Reapproriating 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. ........ Pg. 7 2. Resolution No. 2015-57 – Authorizing a $24,000 Budget Transfer within the General Fund – Buildings Department for Professional Services as a Result of a Personnel Vacancy. ............................................................................ Pg. 11 3. Resolution No. 2015-58 – Awarding an Agreement for Construction of City Hall and Automated Flight Service Station Roofs. .................................. Pg. 13 Kenai City Council Meeting Page 2 of 4 October 21, 2015 4. Resolution No. 2015-59 – Setting the Time of Regular Meetings of the Council at 6:00 P.M. Alaska Standard Time. ...................................................... Pg. 17 5. Resolution No. 2015-60 – Authorizing a Ten Year Extension with the Option for an Additional Ten Years By Mutual Agreement for the Lease and Concession Agreement for the Kenai Golf Course with Griffin Golf Enterprises, LLC. ....................................................................................................... Pg. 19 6. Resolution No. 2015-61 – Approving the Purchase of a Self Contained Breathing Apparatus Compressor from Bauer Compressors, and Approving the Purchase of 92 Sections of 3 Inch Fire Hose From L.N. Curtis & Sons Utilizing United States General Services Administration (GSA) Contracts. .............................................................................................................. Pg. 37 7. Resolution No. 2015-62 – Approving the Purchase of Forestry Firefighting Equipment from L.N. Curtis & Sons. ...................................................... Pg. 41 8. Resolution No. 2015-63 – Authorizing the City Manager to Provide Funding in the Amount of $333,000 to the Department of the Army, Corps of Engineers to Complete a Feasibility Study for the Kenai River Bluff Erosion Project. . Pg. 43 E. MINUTES 1. *Work Session Summary of September 14, 2015 2. *Regular Meeting of October 7, 2015 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 49 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 51 3. *Ordinance No. 2859-2015 – Increasing Estimated Revenues and Appropriations by $20,000 in the Senior Center Fund for Remodel of the Facilities Restrooms. ............................................................................. Pg. 53 4. *Ordinance No. 2860-2015 – Increasing Estimated Revenues and Appropriations by $1,878,800 in the Water and Sewer Capital Project Construction of a New Water Reservoir and Related Piping/Equipment. .............................................................................................................Pg. 55 5. *Ordinance No. 2861-2015 – Accepting and Appropriating a Donation from the Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. ............................................................................. Pg. 59 6. *Ordinance No. 2862-2015 – Accepting and Appropriating a Grant from the Association for Library Service to Children for a Curiosity Creates Grant. .............................................................................................................. Pg. 61 Kenai City Council Meeting Page 3 of 4 October 21, 2015 7. Action/Approval – Approving a Special Use Permit to Everts Air Fuel, Inc. for the Purpose of Aircraft Parking at the Gravel Strip at the Kenai Municipal Airport. ................................................................................................... Pg. 65 8. Action/Approval – Approving a Special Use Permit to Everts Air Fuel, Inc. for the Purpose of Equipment Parking and Container Storage at the Kenai Municipal Airport. .................................................................................. Pg. 75 9. Action/Approval – Approving a Special Use Permit to Hilcorp Alaska, LLC for the Purpose of Parking for 37 Non-Commercial Passenger Vehicles Kenai Municipal Airport. .................................................................................. Pg. 85 10. Discussion – Review of Appraisal for ARK Properties. [Clerk’s Note: Council May Enter into Executive Session to Further Discuss this Matter pursuant to AS44.62.310(c)(1).] .............................................................................. Pg. 91 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission a. Event Park Sub-Committee 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ...................................................................................... Pg. 121 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – Discussion and Negotiation of the City Attorney’s Employment Agreement, A Matter of which the Immediate Knowledge would Clearly have an Adverse effect Upon the Finances of the City and a Subject that Tends to Prejudice the Reputation and Character of the City Attorney [AS 44.62.310(c)(1)(2)]. Kenai City Council Meeting Page 4 of 4 October 21, 2015 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 **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the Kenai Peninsula Pop Warner Junior Midgets Football Team Requesting Funds to Attend a Regional Pop Warner Tournament in Vancouver, Washington. The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. CITY OF KENAI REGULAR ELECTION OF OCTOBER 6, 2015 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 6, 2015. Absentee (in-person, by-fax/email, personal needs, by-mail) and Questioned Ballots Voted 147 Absentee/Questioned Ballots Rejected 23 Absentee/Questioned Ballots Counted 124 Poll Voter Turn Out 845/16.3% Total Voter Turn Out 992 /19.2% Number of Kenai Registered Voters 5171 FOR CITY COUNCIL, TWO THREE-YEAR TERMS Candidates Poll Votes Absentee/Questioned Votes Total Votes Percentage Of Votes Boyle, Mike 383 51 434 30.7% Molloy, Robert J. “Bob” 471 73 544 38.5% Glendening, Jim 352 65 417 29.5% Write-Ins 14 5 19 1.3% PROPOSITION NO. 1 Shall Title 10 – Elections, of the Charter of the City of Kenai be amended to provide for designated seats for each council member position and allow qualified voters to vote for one candidate for each seat up for election, as opposed to the current process in which all candidates run against each other for the available council positions and qualified voters may vote for up to two candidates. Vote Poll Votes Absentee/Questioned Votes Total Votes Percentage of Votes Yes 407 54 461 49.7% No 400 67 467 50.3% PROPOSITION NO. 2 Shall Section 2 – 6, Council: Meetings, of the Charter of the City of Kenai be amended to allow for cancellation of meetings by the Mayor due to lack of a quorum or for an emergency, or by a majority of council members for any reason as long as at least twenty (20) regular meeting are held each calendar year and at least one each month, along with other minor housekeeping amendments. Vote Poll Votes Absentee/Questioned Votes Total Votes Percentage of Votes Yes 560 89 649 69% No 257 34 291 31% PROPOSITION NO. 3 Shall Section 10-3, Filing, of the Charter of the City of Kenai be amended to eliminate the requirement that person running for Mayor or City Council submit a nominating petition signed by 20 or more registered City Voters. Vote Poll Votes Absentee/Questioned Votes Total Votes Percentage of Votes Yes 314 46 360 38.2% No 504 78 582 61.8% Page 5 of 134 ________________________________ ________________________________ Pat Porter, Mayor Ryan Marquis, Council Member ________________________________ ________________________________ Mike Boyle, Council Member Brian Gabriel, Vice Mayor ________________________________ ________________________________ Robert J. Molloy, Council Member Terry Bookey, Council Member ________________________________ Tim Navarre, Council Member ATTEST: ________________________________ ________________________________ Sandra Modigh, City Clerk Date Page 6 of 134 Page 7 of 134 Page 8 of 134 Page 9 of 134 Page 10 of 134 Page 11 of 134 Page 12 of 134 Page 13 of 134 Page 14 of 134 Page 15 of 134 [PAGE LEFT BLANK INTENTIONALLY] Page 16 of 134 Suggested by: Councilman Navarre CITY OF KENAI RESOLUTION NO. 2015-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING THE TIME OF REGULAR MEETINGS OF THE COUNCIL AT 6:00 P.M. ALASKA STANDARD TIME. WHEREAS, the Charter of the City of Kenai provides that regular meeting times of the City Council may be prescribed by ordinance, resolution or rules of the Council; and, WHEREAS, Ordinance No. 2139-2006 amended KMC 1.10.040 –Time of Regular Meeting, to remove the requirement that regular meetings of the Council be held at 7:00 p.m., and instead provides for meeting times to be set by resolution; and, WHEREAS, since Ordinance No. 2139-2006 was adopted, Council has not set the time for regular meetings by resolution; and, WHEREAS, holding meetings at 6:00 p.m. instead of the current 7:00 p.m. schedule is more convenient for many members of administration and Council and may lead to earlier end times, encouraging more public participation especially among youths; and, WHEREAS, a 6:00 p.m. start time for regular Council meetings is consistent with Kenai Peninsula Borough Assembly and Soldotna City Council meetings providing consistency for the public. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That regular meetings of the Council shall begin at 6:00 p.m. Alaska Standard Time. Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of October, 2015. _______________________________________ PAT PORTER, MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 17 of 134 MEMORANDUM TO: Mayor Porter and City Councilors FROM: Tim Navarre DATE: October 15, 2015 SUBJECT: Resolution Setting Regular Meeting Time at 6:00 PM This resolution proposes to set the regular meeting start time of the Kenai City Council at 6:00 PM. This meeting time is consistent with the start times of Borough Assembly Meetings and Soldotna Council meetings and is intended to provide consistency for the public. Additionally, an early start time will likely allow for meetings to end earlier in the evening encouraging greater public participation, especially among youth, and is intended to be more convenient for administrative staff and Council members. Your consideration is appreciated. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 18 of 134 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2015-60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A TEN YEAR EXTENSION WITH THE OPTION FOR AN ADDITIONAL TEN YEARS BY MUTUAL AGREEMENT FOR THE LEASE AND CONCESSION AGREEMENTS FOR THE KENAI GOLF COURSE WITH GRIFFIN GOLF ENTERPRISES, LLC. WHEREAS, on June 7, 1985 the City entered into a 20 year Lease and Concession Agreement with Richard Morgan for the construction and operation of a public golf facility with a 10 year option to extend; and, WHEREAS, on May 28, 1987, the City entered into a second Lease and Concession Agreement for an expansion of the Golf Course with Richard Morgan with similar terms to the first Lease and Concession Agreement; and WHEREAS, since the initiation of the Lease and Concession Agreements there have been various amendments and assignments, and the Lease and Concession Agreements are currently held by Griffin Golf Enterprises, LLC., and are set to expire on December 31, 2015; and, WHEREAS, Griffin Golf Enterprises has successfully managed and improved the golf course for the City of Kenai maintaining an 18 hole course with reasonable green fees; and, WHEREAS, the City has not received interest from any other entities or individuals interested in managing the golf course; and, WHEREAS, Griffin Golf Enterprises has provided written notification to the City requesting amendments to the Lease and Concession Agreements for an additional 10 years; and, WHEREAS, Griffin Golf Enterprises states that it has paid over $84,000 in lease payments to the City over the last 8 years, over $40,000 in Borough and City property tax, $128,000 in sales tax, $376,000 in payroll and expenses and purchased over $200,000 in new golf equipment; and, WHEREAS, Griffin Golf Enterprises indicates that a ten year extension will provide the necessary security to continue equipment purchases and improvements for the course; and, Page 19 of 134 WHEREAS, Griffin Golf Enterprises has agreed that if an extension is provided, payments to the City will increase to $8,000 per year for each Lease and Concession Agreement beginning January 1, 2016 and then increase each subsequent year by 2 percent. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute amendments for each Lease and Concession Agreement to extend the terms for 10 years and increase payments to the City to $8,000 per year for each Lease and Concession Agreement beginning January 1, 2016 with additional 2 percent increases each subsequent year. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of October, 2015. _______________________________________ PAT PORTER, MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 20 of 134 Page 21 of 134 Page 22 of 134 Page 23 of 134 Page 24 of 134 Page 25 of 134 Page 26 of 134 Page 27 of 134 Page 28 of 134 Page 29 of 134 Page 30 of 134 Page 31 of 134 Page 32 of 134 Page 33 of 134 Page 34 of 134 Page 35 of 134 [PAGE LEFT BLANK INTENTIONALLY] Page 36 of 134 Page 37 of 134 Page 38 of 134 MEMO: TO: Rick Koch, City Manager FROM: Anthony Prior, Acting Fire Chief DATE: October 14, 2015 SUBJECT: Purchase of Self Contained Breathing Apparatus Air Compressor, and 92 sections of 3 inch Fire Hose. In June of 2015 we were successful in receiving a grant for the purchase of a SCBA Compressor and 92 sections of 3 inch fire hose through FEMA’s Assistance to Firefighters Grant. We have researched different compressors that we could retrofit into our current compressors location at Station 1. We looked at Eagle, Scott, Mako and Bauer for replacement and are recommending the purchase of a Bauer Unicus III/19-E3 (GSA Contract #GS-07F-9711G) for $55,032.05. This is within our budget and meets the requirements and needs of our department, as well as the AFG grant. Bauer makes all their own blocks and parts in one factory and has been a trusted name in the fire service for many years. We are anticipating the possible growth of our department and feel this compressor will fill the needs of our department for many years to come. Secondly, we are also recommending the purchase of 92 sections of 3 inch Durabuilt fire hose from L.N. Curtis & Sons for the amount of $18,930.00. (GSA Contract #GS- 07F-0043L). Replacing our aging stock of 3 inch hose is one of our top priorities for the 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 39 of 134 safety of our crews and service of our community. We will become compliant with NFPA 1962 by replacing hose manufactured prior to 1987 and meet the overall goal of NFPA 1961’s Standard on Fire Hose. Both items will be purchased through General Services Administration (GSA) contract pricing and per KMC 7.15.050(f) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate. Page 40 of 134 Page 41 of 134 MEMO: TO: Rick Koch, City Manager FROM: Anthony Prior, Acting Fire Chief DATE: 10/14/2015 SUBJECT: Purchase of Forestry Firefighting Equipment In June of this year we were awarded $9,444.00 for the purchase of forestry firefighting equipment from the United States Department of Agriculture Forest Service through the State of Alaska Division of Forestry. The grant will fund the purchase of a portable pump, fire shelters, fire line packs, suction hose, helmets, and hand tools totaling $9,444.00. Of this total, our in-kind match is 10%, or $945.00. We received competitive bids from L.N. Curtis & Sons, Municipal Emergency Services, Ben Meadows, and National. L.N. Curtis & Sons was able to fill our total order with the lowest bid. We are seeing a rise in forest fires on the peninsula, and have been deployed to 2 major ones during the last 2 years. This equipment will better prepare our department to respond to these increasing events on the peninsula and protect our community from wildfires. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 42 of 134 Page 43 of 134 Page 44 of 134 Page 45 of 134 Page 46 of 134 Page 47 of 134 Page 48 of 134 Page 49 of 134 [PAGE LEFT BLANK INTENTIONALLY] Page 50 of 134 Page 51 of 134 [PAGE LEFT BLANK INTENTIONALLY] Page 52 of 134 Page 53 of 134 Page 54 of 134 Page 55 of 134 Page 56 of 134 Page 57 of 134 [PAGE LEFT BLANK INTENTIONALLY] Page 58 of 134 Page 59 of 134 Page 60 of 134 Page 61 of 134 Page 62 of 134 MEMO: TO: Terry Eubank CC: Rick Koch FROM: Mary Jo Joiner DATE: 13 October 2015 SUBJECT: Curiosity Creates Grant The Kenai Community Library has been awarded a grant in the amount of $3,366.00 from the Association for Library Service to Children, a division of the American Library Association. Curiosity Creates grants are designated for libraries to promote exploration and discovery for children ages 6 -14. The grant supports librarians who are already implementing innovative maker-spaces. Ryanna Thurman wrote a proposal to build on our current sewing program, specifically the American Girl Doll sewing classes. “All Dolled Up” is a children’s program that is designed to promote creativity and teach a valuable skill. The general configuration of the program will consist of a once monthly 2 ½ hour class split into three 45min segments where 3 groups of 6 children rotate between a sewing station, a craft station, and a free play station. This program will also include six American Girl Doll kits available for patrons to checkout. The Kits will consist of one American Girl Doll, the accompanying book for the character, and a journal for the patron to record her ongoing adventures. The library will also have two dolls for any children who were not able to bring their doll, or does not have one, available for use during free play. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 63 of 134 [PAGE LEFT BLANK INTENTIONALLY] Page 64 of 134 Page 65 of 134 Page 66 of 134 Page 67 of 134 Page 68 of 134 Page 69 of 134 Page 70 of 134 Page 71 of 134 Page 72 of 134 Page 73 of 134 Page 74 of 134 Page 75 of 134 Page 76 of 134 Page 77 of 134 Page 78 of 134 Page 79 of 134 Page 80 of 134 Page 81 of 134 Page 82 of 134 Page 83 of 134 Page 84 of 134 Page 85 of 134 Page 86 of 134 Page 87 of 134 Page 88 of 134 Page 89 of 134 Page 90 of 134 Page 91 of 134 Page 92 of 134 Page 93 of 134 Page 94 of 134 Page 95 of 134 Page 96 of 134 Page 97 of 134 Page 98 of 134 Page 99 of 134 Page 100 of 134 Page 101 of 134 Page 102 of 134 Page 103 of 134 Page 104 of 134 Page 105 of 134 Page 106 of 134 Page 107 of 134 Page 108 of 134 Page 109 of 134 Page 110 of 134 Page 111 of 134 Page 112 of 134 Page 113 of 134 Page 114 of 134 Page 115 of 134 Page 116 of 134 Page 117 of 134 Page 118 of 134 Page 119 of 134 Page 120 of 134 Page 121 of 134 Page 122 of 134 Page 123 of 134 Page 124 of 134 Page 125 of 134 Page 126 of 134 Page 127 of 134 Page 128 of 134 Page 129 of 134 Page 130 of 134 Page 131 of 134 Page 132 of 134 Page 133 of 134 Page 134 of 134