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HomeMy WebLinkAbout2015-10-21 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING OCTOBER 21, 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 21, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:01 p.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 Ryan Marquis (absent) Mike Boyle * *Hannah Drury, Student Representative Terry Eubank, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Certification of Election MOTION: Council Member Knackstedt MOVED to certify the election results of October 6, 2015 as presented and Council Member Navarre SECONDED the motion; UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 4. Administer Oaths of Office Mayor Porter administered the Oaths of Office to Council Members Molloy and Boyle. 5. Election of Vice Mayor MOTION: Council Member Navarre MOVED to nominate Brian Gabriel as Vice Mayor. Council Member Knackstedt SECONDED the motion. MOTION: Council Member Molloy MOVED to nominate Terry Bookey as Vice Mayor. Council Member Boyle SECONDED the motion. A secret ballot election took place; City Clerk S. Modigh counted the votes aloud. The results were three votes in favor of Terry Bookey, and four votes in favor of Brian Gabriel; Brian Gabriel was elected as Vice Mayor. 6. Agenda Approval Mayor Porter noted the following requested revisions /additions to the agenda /packet: Remove Item B.1 DOT Project Update (rescheduled for 11/4) Remove Item EA Work Session Summary of September 14, 2015 Add to Item E. 2 Regular Meeting Minutes of October 7, 2015 MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 7. Consent Agenda MOTION: Councilor Gabriel MOVED to approve the consent agenda, and requested UNANIMOUS CONSENT; Council Member Bookey 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. City of Kenai Council Meeting Page 2 of 12 October 21, 2015 B. SCHEDULED PUBLIC COMMENTS 1. Morgan Merritt, State of Alaska Department of Transportation — Project to Replace Two Culverts in Kenai. [Clerk's Note: This item was removed at approval of the agenda.] 2. Charlotte Yamada, Kenai Resident — Importance of the Bowling Alley Remaining a Recreation Facility. Charlotte Yamada spoke in favor of the bowling center remaining a bowling alley; pointed out that many children go through the bowling program and that bowling also provides college scholarship. She explained that the Yamada family and Cunningham family want to rejuvenate it; the two families have expertise to make it successful. Administration explained that the current leaseholders have submitted lease termination notification and the options available to the City regarding leasing and selling combinations. C. UNSCHEDULED PUBLIC COMMENTS - None 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. MOTION: Councilor Molloy MOVED to enact Ordinance No. 2858 -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. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Bookey, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: City of Kenai Council Meeting Page 3 of 12 October 21, 2015 Councilor Bookey MOVED to adopt Resolution No. 2015 -57 and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Gabriel. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was explained that no qualified applicants applied during the first solicitations; would be advertised again in November. VOTE: There being no objections, SO ORDERED. 3. Resolution No. 2015 -58 — Awarding an Agreement for Construction of City Hall and Automated Flight Service Station Roofs. MOTION: Councilor Bookey MOVED to adopt Resolution No. 2015 -58 and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Molloy. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted that the local bid option was used for this procurement process. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2015 -59 — Setting the Time of Regular Meetings of the Council at 6:00 P.M. Alaska Standard Time. MOTION: Councilor Navarre MOVED to adopt Resolution No. 2015 -59; the motion was SECONDED by Council Member Gabriel. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Bob Peters spoke against the Council meetings starting at 6pm pointing out that people only attend meetings when something affected them and likely wouldn't improve participation. He also suggested that staff would be split if asked because some would appreciate the ability to work until 7:00 p.m. and some would enjoy going home for a break. Mr. Peters pointed out that the average meeting length is about two hours; 9:00 p.m. not too late if students wanted to attend. It was noted that the sponsor did a lot of the same research; the new meeting time was during dinner; a resolution could change the meeting time again if the 6:00 p.m. time frame wasn't acceptable. VOTE: City of Kenai Council Meeting Page 4 of 12 October 21, 2015 YEA: Porter, Knackstedt, Navarre, Gabriel NAY: Bookey, Boyle, Molloy "Student Representative Drury: NAY MOTION PASSED. 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. MOTION: Councilor Molloy MOVED to adopt Resolution No. 2015 -60; the motion was SECONDED by Council Member Bookey. Mayor Porter opened the public hearing. Chris Kimball, a volunteer, spoke in favor of the golf course pointing out that golf can be played for a lifetime; builds determination, honesty and character; programs offer kids the opportunity to participate. He explained that the course had undergone improvements requiring capital expenses and man - hours; increased the playability of the course. Mr. Kimball also noted that tournaments brought players to Kenai. Craig Young spoke in favor of the golf course; advising that they hosted many fundraising tournaments for local non - profits that put money back into the community. He also explained that a lot of work goes into the golf course each year; was in the best condition ever, this year. Noel Widmayer spoke in favor of supporting the golf course; suggested providing aide such as a contribution of fertilizer or seed as the course is a park area. There being no one else wishing to be heard, the public hearing was closed. MOTION TO AMEND: Councilor Navarre MOVED to amend by striking the 2% increase from the lease; the motion was SECONDED by Council Member Gabriel. It was pointed out that the golf course is also a cross country skiing venue; is an economic driver and there wasn't a need to charge a 2% increase that compounded. Administration advised that under the new purchasing code, this management contract would need to be re -bid if postponed to next meeting; also advised that the lease could be amended at any time upon mutual agreement. VOTE ON MOTION TO AMEND: YEA: Boyle, Navarre NAY: Bookey, Molloy, Porter, Gabriel, Knackstedt " *Student Representative Drury: NAY City of Kenai Council Meeting October 21, 2015 MOTION FAILED. VOTE ON MAIN MOTION: YEA: Porter, Knackstedt, Navarre, Gabriel, Bookey, Boyle, Molloy NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Councilor Bookey MOVED to adopt Resolution No. 2015 -61 and requested UNANIMOUS CONSENT; 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. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2015 -62 — Approving the Purchase of Forestry Firefighting Equipment from L.N. Curtis & Sons. MOTION: Councilor Molloy MOVED to adopt Resolution No. 2015 -62; the motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Appreciation was conveyed for funding coming through grants. VOTE: There being no objections, SO ORDERED. 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. MOTION: Councilor Knackstedt MOVED to adopt Resolution No. 2015 -63; the motion was SECONDED by Council Member Gabriel who requested UNANIMOUS CONSENT. City of Kenai Council Meeting October 21, 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. E. MINUTES 1. *Work Session Summary of September 14, 2015 [Clerk's Note: This item was removed at approval of the agenda.] 2. *Regular Meeting Minutes of October 7, 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. 2859 -2015 — Increasing Estimated Revenues and Appropriations by $20,000 in the Senior Center Fund for Remodel of the Facilities Restrooms. Introduced on the consent agenda and public hearing set on November 4, 2015. 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. Introduced on the consent agenda and public hearing set on November 4, 2015. 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. Introduced on the consent agenda and public hearing set on November 4, 2015. 6. *Ordinance No. 2862 -2015 — Accepting and Appropriating a Grant from the Association for Library Service to Children for a Curiosity Creates Grant. Introduced on the consent agenda and public hearing set on November 4, 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. City of Kenai Council Meeting Page 7 of 12 October 21, 2015 MOTION: Councilor Knackstedt MOVED to approve a Special Use Permit to Everts Air Fuel, Inc. for the Purpose of Aircraft Parking at the Gravel Strip at the Kenai Municipal Airport. The motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 3. 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. MOTION: Councilor Knackstedt MOVED to approve a Special Use Permit to Everts Air Fuel, Inc. for the Purpose of Equipment Parking and Container Storage at the Kenai Municipal Airport. The motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 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. MOTION: Councilor Gabriel MOVED to approve a Special Use Permit to Hilcorp Alaska, LLC for the Purpose of Parking for 37 Non - Commercial Passenger Vehicles at the Kenai Municipal Airport; the motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 4. 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).] It was explained that the difference in appraisal in the packet versus the appraisal previously provided was because the appraiser had trouble finding comparable properties on the Multiple Listing Service (MLS); Administration contacted two local realtors who provided comparable sales that were not available on MLS. Appraiser subsequently revised appraisal. It was further explained that this would be before Council many more times and action was not necessary at this time. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — It was reported that a representative from the Aging and Disability Resource Centers provided a presentation on independent living; a backup generator and potential grant funding were discussed. It was also reported that the City of Kenai Council Meeting Page S of 12 October 21. 2015 Senior Center wanted to speak to the IT manager regarding acquisition of a smart board. 2. Airport Commission — next meeting on November 12. 3. Harbor Commission — It was reported Capital Improvement Projects were considered; priorities for 2016 included a ramp extension design and mooring buoy permitting; priority for 2017 included construction of the launch ramp extension; priority for 2018 included construction of float replacements. 4. Parks and Recreation Commission — It was reported that there was recommendation for another sign at Municipal Park that faces the street; suggestion for additional benches be placed at Municipal Park; suggestion for a small walking trail in Munson Subdivision. a. Event Park Sub - Committee — It was reported that at their September 22 meeting locations and criteria for features were considered; recommended keeping the area in the core of the City. It was also reported that at their October 13 meeting, recommended Millennium Square and considered layouts; will be looking at conceptual designs at their next meeting. 5. Planning and Zoning Commission — It was reported that after a site visit and additional testimony, a Conditional Use Permit for an emotional support horse for disabled adult was denied; discussed meetings for remainder of year. Beautification Committee — It was reported CIP 17 -19, moving forward looking at 17 lawnmowers, wood chipper and /or hydro- seeder. 18 Fountain design work and chamber green space. Appreciation for Council's support. Considered a pumpkin patch. Decorative lights for wildflower field or park strip. Working with chamber pumpkins /bales of hay. Thinking out for year round 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Scheduled the dedication honoring the November 22 at 2:00 p.m. at the library. • Requested cancellation of the November League conferences. MOTION: Charter Commission of 1963 for 18 meeting due to Alaska Municipal Councilor Navarre MOVED to cancel the November 18 meeting; the motion was SECONDED by Council Member Knackstedt. Councilor Molloy called for Point of Order disagreeing that it was acceptable to move this topic that was not on the published agenda. The Mayor ruled in favor, that the topic was administrative in nature. City of Kenai Council Meeting Page 9 of 12 October 21, 2015 MOTION: Councilor Molloy MOVED to appeal the decision of the chair; the motion was seconded by Council Member Bookey. VOTE ON APPEAL: YEA: Navarre, Porter, Gabriel, Knackstedt NAY: Bookey, Molloy, Boyle "Student Representative Drury: YEA MOTION PASSED. MOTION: Councilor Gabriel MOVED to postpone cancellation of the November 18 meeting to the meeting of November 4; the motion was seconded by Council Member Bookey who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. J. ADMINISTRATION REPORTS 1. Acting City Manager reported on the following: • City Manager R. Koch had no report • Accountant Robin Adams retiring; replacement Susan Best had been training. It was pointed out that there was decreased usage at the floatplane basin. 2. City Attorney — reported that the Marijuana Control Board had issued the full set of draft regulations; offered a work session. Also suggested scheduling a meeting for the Board of Adjustment. 3. City Clerk — reported that committee and commission member terms were expiring on December 31; soliciting for applications. K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Bookey welcomed Boyle back to Council and congratulated Molloy on his successful re- election. Council Member Molloy thanked the voters; congratulated Boyle; and thanked those that commented during the meeting. City of Kenai Council Meeting Page 10 of 12 October 21, 2015 Student Representative Drury reported that landscaping in front of the high school was done by high school student Brett Brown; high school leadership continuing work on the banquet benefiting homeless youth, looking for auction items and donations. Councilor Knackstedt expressed appreciation for the parks and trail guide Vice Chair Gabriel thanked those that participated in the meeting; congratulated Council Members Molloy and Boyle on successful election; thanked former Council Member Marquis for his service; thanked Mr. Glendening for running for Council; thanked the body for electing him Vice Mayor. He also noted that City Manager R. Koch attended the Board of Fisheries meeting to lobby for reconsideration of moving their 2017 meeting to Kenai; decision would be made October 22. Council Member Navarre also congratulated Councilors Molloy and Boyle on successful election; thanked former Councilor Marquis for serving; thanked Mr. Glendening for running, and also thanked the voters. Councilor Boyle thanked former Councilor Marquis for his service; also thanked Mr. Peters for attending the meeting. 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)]. MOTION: Councilor Gabriel MOVED to enter into executive session for 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), ; the motion was SECONDED by Council Member Molloy. The City Attorney and Acting City Manager were invited to the Executive Session. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Bookey, Gabriel, Boyle NAY: * *Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. The City Council reconvened in open session. It was stated that Council met in executive session to discuss the attorney's contract and that was agreed to extend the contract to 4/30/18; contract extension to be executed by the Mayor. M. PENDING ITEMS City of Kenai Council Meeting Page 11 of 12 October 21, 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 9:39 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 21, 2015. _ ' "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 21. 2015