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HomeMy WebLinkAbout2015-11-04 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING NOVEMBER 4, 2015 — 6:00 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 November 4, 2015, in City Hall Council Chambers, Kenai, AK. Vice Mayor Brian Gabriel called the meeting to order at 6:00 p.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 (absent) Tim Navarre A quorum was present. Also in attendance were: Henry Knackstedt Brian Gabriel, Vice Mayor Mike Boyle * *Hannah Drury, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Vice Mayor Gabriel noted the following requested revisions /additions to the agenda /packet: Add to New G.8 Business Item Action /Approval — Travel on behalf of the City for Vice Mayor Gabriel and Councilor Navarre to attend the Legends & Medallion Foundation Banquet in Anchorage on November 6'n Add to New G.9 Business Item Action /Approval — Travel on behalf of the City for Vice Mayor Gabriel to attend the Alaska Board of Fisheries meeting in Anchorage on December 2 -8. Add to Item D. 2 Ordinance No. 2860 -2015 • Substitute Ordinance 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 Knackstedt MOVED to approve the consent agenda; Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. 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 Morgan Merritt, State of Alaska Department of Transportation — Project to Replace Two Culverts in Kenai. Morgan Merritt spoke about two culverts that needed replacing. One near Wal -Mart needed upgraded to provide for better fish habitat. Mr. Merritt noted that the Department of Transportation (DOT) would be changing the traffic pattern to two lanes through construction and that they planned on the improvements being completed in one construction season so that they didn't have to cut through the pavement at a later time. The other project Mr. Merritt discussed was near Leif Hansen Park where DOT planned to line & straighten the vault; he noted that this project was not a fish habitat. C. UNSCHEDULED PUBLIC COMMENTS - None D. PUBLIC HEARINGS Ordinance No. 2859 -2015 — Increasing Estimated Revenues and Appropriations by $20,000 in the Senior Center Fund for Remodel of the Facilities Restrooms. City of Kenai Council Meeting Page 2 of 11 November 4, 2015 MOTION: Councilor Molloy MOVED to enact Ordinance No. 2859 -2015; the motion was SECONDED by Council Member Knackstedt. 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, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 2. 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. MOTION: Councilor Navarre MOVED to enact Ordinance No. 2860 -2015; the motion was SECONDED by Council Member Molloy. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Councilor Molloy MOVED to amend by substitute Ordinance No, 2860 -2015; the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. It was explained that the timeline change required a new grant; it was further explained that the Beaver Loop project would come later. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2861 -2015 — Accepting and Appropriating a Donation from the Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. MOTION: City of Kenai Council Meeting Page 3 of 11 November 4, 2015 Councilor Molloy MOVED to enact Ordinance No. 2861 -2015; the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Gratitude was expressed for Hilcorp's generous donation. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2862 -2015 — Accepting and Appropriating a Grant from the Association for Library Service to Children for a Curiosity Creates Grant. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 2862 -2015; the motion was SECONDED by Council Member Molloy. 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, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1. *Regular Meeting of October 21, 2015 Minutes were approved by the consent agenda. 2. *Work Session Summary of October 27, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS 1. Action /Approval — Cancelation of the November 18, 2015, City Council meeting Pursuant Charter. City of Kenai Council Meeting Page 4 of 11 November 4, 2015 [Clerk's Note: At its meeting on October 21, 2015, Council postponed this item to the following meeting. A motion to approve is on the floor.] It was noted that the meeting could be rescheduled rather than cancelled; Administration explained that nothing was time sensitive prior to December 2. It was also noted that cancellation eliminated confusion and hardships to the public. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel NAY: Boyle, Molloy "Student Representative Drury: YEA MOTION PASSED. 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. 2863 -2015 — Amending Kenai Municipal Code Chapter 12.25 — Abandoned Vehicles, to Define Abandoned Vehicles, Amend the Definition of Junk Vehicles and Make Other Changes Regarding Vehicle Storage, Repair and Enforcement and Amending Kenai Municipal Code 12.20.030 — Debris and Junk Prohibited, to Reflect the Title Change to Chapter 12.25. Introduced on the consent agenda and public hearing set on December 2, 2015. 4. *Ordinance No. 2864 -2015 — Increasing Estimated Revenues and Appropriations by $11,991 in the Airport Fund and by $13,000 in the Airport Improvement Capital Project Fund for the 2016 Airfield Marking & Signage Project and Authorizing Reappropriation of Remaining Funds from Completed Projects to the 2016 Airfield Marking & Signage Project. Introduced on the consent agenda and public hearing set on December 2, 2015. 5. Action /Approval — Consenting to the Acceptance of Certain Rights -of -Way for Jaynes Subdivision Big Mikes Addition. Council Member Molloy noted conflict of interest; business partner was involved in the transaction. Vice Mayor Gabriel ruled Molloy was to be excused from voting. MOTION: City of Kenai Council Meeting November 4, 2015 Councilor Knackstedt MOVED to accept the certain rights -of -way for Jaynes Subdivision Big Mikes Addition. The motion was SECONDED by Council Member Navarre. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Boyle, NAY: EXCUSED: Molloy "`Student Representative Drury: YEA MOTION PASSED. 6. Action /Approval — Providing a Status Report on the Rock Dedication Event Being Held to Recognize the Charter Commission of 1963. Administration reviewed the memo provided in the packet explaining the plan to transfer funds from the Non - Departmental Contingency account to cover the costs unless there was objection. There was no objection. MOTION: Councilor Navarre MOVED that the Council support the Charter Commission Memorial. The motion was SECONDED by Mayor Porter. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 7. Discussion — Options to Sell, Lease or Offer for Management Services of the Bowling Alley. It was explained that the City's options were to sell or lease the building and the property. Administration explained the intent to draft a request for proposals providing for parties to propose to either lease or purchase, or some combination thereof from the City. There was general discussion about the condition of the building; specifically the heating system. It was noted that inspections would likely be done by parties submitting proposals and would be used as a negotiation point. Administration explained that the lease was expired, proper notices had been given to all interested parties and the proper documentation would be recorded. It was also explained that an outstanding issue could be borough taxes, which may prevent a clear title. It was noted that all proposals could be rejected. City of Kenai Council Meeting November 4, 2015 8. Action /Approval — Travel on behalf of the City for Vice Mayor Gabriel and Councilor Navarre to attend the Legends & Medallion Foundation Banquet in Anchorage on November 6tn [Clerk's Note: This item was added at approval of the agenda.] MOTION: Mayor Porter MOVED to approve the travel. The motion was SECONDED by Council Member Knackstedt. It was explained that the costs of airline, banquet and per diem likely amounted to $600 per person and that funds were available because there was no one attending Newly Elected Official Training during the Alaska Municipal League Conference. It was pointed out that Kenai resident Mr. Bielefeld, who had examined over 400 pilots and had been a leaseholder at the airport since 1961, was being recognized. Explanation was provided that the Mayor asked the Vice Mayor to attend on her behalf since she is out of town. It was further explained that Council Member Navarre was Council's liaison to the Airport Commission. It was noted that Council Member Navarre was already in Anchorage on other business and his attendance would not cost the City. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 9. Action /Approval — Travel on behalf of the City for Vice Mayor Gabriel to attend the Alaska Board of Fisheries meeting in Anchorage December 2 -8. [Clerk's Note: This item was added at approval of the agenda.] It was pointed out that Vice Mayor Gabriel would not be in Anchorage for the whole meeting, only the time that the Board reconsiders the 2017 finfish meeting location and at most, expenses would be airfare, two days of hotel and per diem. MOTION: Councilor Molloy MOVED to approve Vice Mayor Gabriel's travel to attend the Alaska Board of Fisheries meeting in Anchorage sometime between December 2 -8. The motion was SECONDED by Council Member Boyle. Council thanked Gabriel for attending the meeting on behalf of the City. It was noted the City needed to be a part of the solution on important issues that involve revenue sharing and other matters. VOTE: City of Kenai Council Meeting Page 7 of 11 November 4, 2015 YEA: Porter, Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — no report; next meeting December 10. 2. Airport Commission — next meeting on November 12. 3. Harbor Commission — no report; next meeting December 9. 4. Parks and Recreation Commission — no report; next meeting November 5. a. Event Park Sub - Committee — no report; next meeting November 10. 5. Planning and Zoning Commission — It was reported that the Commission had met in several work sessions regarding commercial legalization of marijuana, a draft ordinance had been prepared and the Commission would be holding a public hearing on the draft ordinance on November 10. It was also reported that the Commission set a work session for December 9 to review the proposed abandoned mobile home ordinance, and a joint work session of the Airport Commission and the Planning and Zoning Commission was taking place November 12 to discuss rezone of airport property. 6. Beautification Committee — no report; next meeting January 12. 7. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Vice Mayor Gabriel reported on the following: • As acting mayor attended Kenai Visitor Center member appreciation night • Attended Robin Adams retirement party; expressed gratitude for Robin's years of service to City. • Thanked the Council for approval of upcoming travel. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • The Kenai Peninsula Alaska Department of Fish & Game (ADF &G) Advisory Committee passed resolution to hold the 2017 Alaska Board of Fisheries finfish meeting on the Kenai Peninsula. • Had an opportunity to lobby the Anchorage ADF &G Advisory Committee which voted in favor of sending a letter of support for the location change to the Kenai Peninsula for the 2017 Alaska Board of Fisheries meeting regarding finfish. City of Kenai Council Meeting Page 8 of 11 November 4, 2015 Would be on the KSRM's radio program "Sound Off' with Vice Mayor Gabriel to discuss the importance for residents to send an email to the Board of Fisheries encouraging the Board to meet on the Peninsula in 2017 when considering changes to the finfish regulations. 2. City Attorney — none. 3. City Clerk — reported that the Board of Adjustment would meet on December 8 at 6:00 P.M. regarding a Conditional Use Permit for an emotional support horse. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Charlie Yamada spoke in favor of keeping the former bowling alley an indoor recreation space. She also noted that she had been approached about keeping a bowling alley in Kenai as it could be a wintertime destination for bowling tournaments. She explained that she had researched what it meant to lease an airport property; discovered it meant keeping the airport self- sustaining. 2. Council Comments Council Member Molloy spoke in favor of making MP -3's available of committee and commission meetings. Also inquired into the management of closing off access at Dunes Road after the new access road to South Beach was built. Student Representative Drury reported the Kenai was hosting the region volleyball tournament starting tomorrow. She noted it was possible the Kardinals could make it to the state tournament. Councilor Knackstedt praised administration for the work on the dipnet report; noted it was easy when good data was available. He also praised the departments and the IT Director for their work during the dipnet fishery opening. Vice Chair Gabriel thanked staff for providing the zip code data to the person requesting the information. Council Member Navarre wished everyone a Happy Thanksgiving since the November 18 meeting had been cancelled. L. 1. Discussion of Delinquent Lease Payments for the Bowling Alley, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)]. MOTION: Councilor Molloy MOVED to convene into executive session for Discussion of Delinquent Lease Payments for the Bowling Alley, a Matter of which the Immediate Knowledge would Clearly have City of Kenai Council Meeting Page 9 of 11 November 4, 2015 an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)],; the motion was SECONDED by Council Member Boyle. The City Attorney, City Manager, and Finance Director were invited to the Executive Session. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, 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 delinquent lease payments for the bowling alley and no direction was given. 2. Discussion of the Grant Aviation Terminal Lease, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)]. MOTION: Councilor Molloy MOVED to enter into executive session for Discussion of the Grant Aviation Terminal Lease, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)],; the motion was SECONDED by Council Member Knackstedt. The City Attorney, City Manager, and Finance Director were invited to the Executive Session. VOTE: YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. The City Council reconvened in open session. It was stated that Council met in executive session to discuss the terminal lease for Grant Aviation and no direction was given. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:45 p.m. City of Kenai Council Meeting Page 10 of 1 November 4, 2015 I certify the above represents accurate minutes of the Kenai City Council meeting of November 4, 2015. 3, J? A, City "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 11 of 11 November 4, 2015