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HomeMy WebLinkAbout2015-12-02 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING DECEMBER 2, 2015 — 6:00 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 December 2, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 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 (telephonic) Tim Navarre A quorum was present. Also in attendance were: Gus Sandahl, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Henry Knackstedt Brian Gabriel, Vice Mayor Mike Boyle Mayor Porter noted the following requested revisions /additions to the agenda /packet: Remove from D.6 Public Hearings Resolution No. 2015 -67 — Awarding an Agreement for Construction of Vintage Pointe Heating Control Upgrades. Add to Item D. 1 Ordinance No. 2863 -2015 • Amendment Memo • Amendment Memo Add to Item D. 2 Ordinance No. 2864 -2015 Amendment Memo Add to Item G. 2 Purchase Orders Exceeding $15,000 • Supporting Memo 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 Gabriel MOVED to approve the consent agenda; Council Member Knackstedt 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 1. Charlie Yamada — Resurrection of the Community Bowling Alley Charlie Yamada spoke in favor of keeping the bowling alley as a bowling alley facility and explained she had been researching what it would take to get the doors back open. She noted maintenance issues requiring repair and other expenses to be incurred in order to upgrade the bowling alley including carpeting, lighting, etc. She also advised that she was looking into a Small Business Administration loan and ways to obtain the 20% down payment. 2. Michelle Drew, BDO USA, LLP. — Fiscal Year 2015 Comprehensive Annual Financial Report Michelle Drew expressed gratitude to the Finance Department for the quality of the financial reports. She noted that there were no errors; the financial statements included all necessary disclosures; the assets were substantially the same as in 2014; and the City was well capitalized. She reported that Kenai received a "clean unmodified" audit report. Drew explained that the policy change adopted by the Government Accounting Standards Board, requiring the reporting of unfunded liability for pensions was a big change and that the City reported the lower of the two City of Kenai Council Meeting Page 2 of 11 December 2, 2015 acceptable numbers as a special funding situation. She also explained that the State of Alaska Department of Law issued white paper asserting that the reporting is not a special funding situation. Drew noted that pensions was the first of the unfunded liability discussion; the next phase will be unfunded health care liability. C. UNSCHEDULED PUBLIC COMMENTS Shane Zimmerman spoke in favor of the bowling alley; is a member of the association. He noted the many scholarships offered and pointed out that more than just recreation could come from bowling. Shawnee Bruzinski, president of the Women's Bowling Association, spoke in favor of the bowling alley. She noted the State Special Olympics Bowling Tournament was held on the peninsula each year and was another value to the bowling alley. Kathy Waterbury spoke in favor of the bowling alley; she noted many scholarships that were provided. She suggested it was important to take heed of youth and senior events. D. PUBLIC HEARINGS 1. 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. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 2863 -2015; the motion was SECONDED by Council Member Gabriel. Mayor Porter opened the public hearing. Ben Heverly, a real estate professional, spoke in favor of stricter regulations regarding junk cars. He noted that the property values are higher without junk cars. There being no one else wishing to be heard, the public hearing was closed. MOTION TO AMEND: Councilor Knackstedt MOVED to amend by making the changes noted in the City Manager's December 1s` memo; the motion was SECONDED by Council Member Gabriel. VOTE: YEA: Porter, Molloy, Knackstedt, Gabriel, Navarre, Bookey NAY: Boyle AMENDMENT MOTION PASSED. It was pointed out that maintaining the vehicles registration is unnecessarily restrictive. City of Kenai Council Meeting Page 3 of 11 December 2, 2015 MOTION TO AMEND: Councilor Molloy MOVED to amend by deleting section 12.25.010(b)(1) in its entirety; the motion was SECONDED by Council Member Boyle. Other criteria defining a junk vehicles was discussed, it was noted that there are many criteria provided and a vehicle is determined to be a junk vehicle if it meets two of the criteria. MOTION TO AMEND AMENDMENT: Councilor Gabriel MOVED to amend section 12.25.010(b)(1) by substituting "Is not currently registered," with "Has not been registered for six months,'; the motion was SECONDED by Council Member Navarre. It was noted that providing for six months allowed for more latitude to fix deficiencies. [Clerk's Note: Council Member Bookey left the meeting at 7:10 p.m.] VOTE ON AMENDED AMENDMENT: YEA: Gabriel, Porter, Knackstedt, Navarre NAY: Boyle, Molloy MOTION PASSED. MOTION TO AMEND: Councilor Molloy MOVED to amend section 12.25.030(c), line 3, by inserting after the semi - colon, "except that the junk vehicle storage and repair provisions of this chapter shall not apply; "; the motion was SECONDED by Council Member Knackstedt. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Gabriel, Porter, Knackstedt, Navarre NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Councilor Molloy MOVED to amend by removing section 12.25.100 - Waivers of Claims for Damages entirely from the ordinance which would cause re- numbering section 12.25.110 — Penalty to 12.25.100; the motion was SECONDED by Council Member Boyle. It was noted that the reason for removal was because it was unenforceable. VOTE ON THE AMENDMENT: YEA: Boyle, Molloy, Gabriel, Porter, Knackstedt, Navarre NAY: City of Kenai Council Meeting Page 4 of 11 December 2, 2015 MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Councilor Knackstedt MOVED to amend section 12.25.010(a) by replacing seventy -two (72) hours with forty -eight (48) hours; the motion was SECONDED by Council Member Boyle. VOTE ON THE AMENDMENT: YEA: Gabriel, Porter, Knackstedt, Navarre NAY: Molloy, Boyle MOTION PASSED. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Navarre, Gabriel NAY: Boyle, Molloy MOTION PASSED. 2. 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. MOTION: Councilor Navarre MOVED to enact Ordinance No. 2864 -2015; 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. MOTION TO AMEND: Councilor Knackstedt MOVED to amend the 81h whereas by removing, "and 3.125% State of Alaska "; the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT: YEA: Porter, Knackstedt, Navarre, Gabriel Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle City of Kenai Council Meeting Page 5 of 11 December 2, 2015 NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2015 -64— Supporting the Efforts of the Central Area Rural Transit System (CARTS) to Secure a Grant to Perform a Feasibility Analysis of Implementing Expanded Transit Services in the Central Peninsula Area. MOTION: Councilor Navarre MOVED to adopt Resolution No. 2015 -64. 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 noted that by securing a grant on behalf of the Central Area Rural Transit System (CARTS) program, to perform an analysis of implementing expanded services, the Kenai Peninsula Borough, City of Soldotna, and City of Kenai would be partnering to do a service for the community. It was also noted that approval wouldn't require making a grant contribution to them; there would still be options at budget time. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2015 -65— Adopting an Alternative Allocation Method for the FY16 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. MOTION: Councilor Gabriel MOVED to adopt Resolution No. 2015 -65 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. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2015 -66— Awarding an Agreement for Construction of Beaver Creek Well Field Improvements, Wells 2C And 2E 2015 -2016. MOTION: City of Kenai Council Meeting Page 6 of 11 December 2, 2015 Councilor Knackstedt MOVED to adopt Resolution No. 2015 -66; 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. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2015 -67 — Awarding an Agreement for Construction of Vintage Pointe Heating Control Upgrades. [Clerk's Note: This item was removed from the agenda during approval of the agenda.] E. MINUTES 1. *Regular Meeting of November 4, 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 — 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. 2865 -2015 — Amending Kenai Municipal Code Section 1.10.040 - Time of Regular Meeting, to Provide Procedures for Establishing, Canceling and Changing Meeting Dates. Introduced on the consent agenda and public hearing set on December 16, 2015. 4. *Ordinance No. 2866 -2015 — Appropriating Transfers for FY2016 Budgeted Capital Projects in the Terminal Improvements Capital Project Fund and the Airport Improvements Capital Project Fund. Introduced on the consent agenda and public hearing set on December 16, 2015. City of Kenai Council Meeting Page 7 of 11 December 2, 2015 5. *Ordinance No. 2867 -2015 — Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2016 Projected Expenditures Introduced on the consent agenda and public hearing set on December 16, 2015. 6. Action /Approval — Mayoral Appointment and Council Confirmation of Council Liaisons to Committees and Commission. MOTION: Councilor Navarre MOVED to approve appointments to Committees and Commissions. The motion was SECONDED by Council Member Gabriel. There was discussion regarding the absence of the "KOOL" Committee on the list, it was explained that the committee is nearly ready to deliver its recommendations. It was suggested that Vice Mayor Gabriel may be a better liaison to the Parks & Recreation Commission because of his involvement in the "KOOL" Committee. It was noted that Council Member Molloy had requested reappointment to the Council on Aging, but that was not the nomination that had been made. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 7. Action /Approval — Mayoral Nomination and Council Confirmation of Appointments to the Planning and Zoning Commission. The Mayor nominated Diane Fikes and Robert Springer for reappointment on the Planning and Zoning Commission. MOTION: Councilor Knackstedt MOVED to confirm the Mayor's nominations of Diane Fikes and Robert Springer to the Planning and Zoning Commission. The motion was SECONDED by Councilor Navarre. It was noted that both would be re- appointed, both attended the American Planning Association and Planning Conference, and both did a significant amount of work on the ordinance regarding zoning for commercial marijuana establishments. MOTION: City of Kenai Council Meeting Page 8 of 11 December 2, 2015 Councilor Molloy MOVED to postpone to the next meeting. The motion was SECONDED by Councilor Boyle. YEA: Molloy, Boyle NAY: Navarre, Porter, Gabriel, Knackstedt MOTION FAILED. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Molloy NAY: Boyle MOTION PASSED. 8. Action /Approval — Providing Direction to the City Attorney and City Clerk to Draft a Resolution Establishing a Policy for Use of City Email. MOTION: Councilor Knackstedt MOVED to provide direction to the City Attorney and City Clerk to draft a Resolution establishing a policy for use of City Email. The motion was SECONDED by Vice Mayor Gabriel. It was noted that the Council Members would not be available forever, but that it was part of their obligation to the City to maintain access to their emails because emails are public records. It was explained that doing so was not a legal requirement, but a best practice that protected Council members if a public records request went a step further to a subpoena. It was noted that the policy would provide for notification to Council if there was a need for their emails to be accessed. VOTE: YEA: Porter, Knackstedt, Molloy NAY: Gabriel, Boyle, Navarre MOTION FAILED. H. 1. Council on Aging — no report. 2. Airport Commission — it was reported that a work session was held to review the draft ordinance regarding rezoning airport lands; there were requests for some principal uses to be included and a second work session was to be scheduled. It was also reported that the Airport Master Plan was a topic of discussion and that the FAA is anxious for the Master Plan to be completed; next meeting on December 10. 3. Harbor Commission — no report; next meeting January 11. City of Kenai Council Meeting Page 9 of 11 December 2. 2015 4. Parks and Recreation Commission — no report; next meeting December 3. a. Event Park Sub - Committee — It was reported that conceptual site designs were reviewed and a presentation was provided on component cost estimates at their November 10 meeting, and at their November 24 meeting, the stage design was refined, and cost estimates and phasing options were considered; next meeting December 15. 5. Planning and Zoning Commission — It was reported that a public hearing was held on November 10 regarding the draft ordinance for commercial marijuana land use; testifiers were in favor of marijuana, not all were in favor of the proposed ordinance. Next meeting on December 10, with a work session immediately prior to discuss abandoned mobile homes. 6. Beautification Committee — no report; next meeting January 12. 7. Mini -Grant Steering Committee — no report; will be meeting soon. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Cornerstone Rock Ceremony was very well attended and was very nice; gratitude was expressed to Clerk, Manager and the Parks & Recreation Department for their efforts. • Bob Bielefeld Day was recognized via proclamation. • Attended Thanksgiving dinner at Senior Center; donated by Hilcorp. • Attended the Boys & Girls Club auction. • Working with students at the welding facility at KCHS to build a sign for Kenai. • Attended AML; learned of lower revenue sharing. • Attended the Christmas Comes To Kenai festivities. • Visited Alliance Blue Crest Energy; still working a lot on the peninsula, hiring locals. • Requested Work Session with Council to discuss marijuana regulations. J. ADMINISTRATION REPORTS 1. Acting City Manager reported on the following: • City Hall is sponsoring two families in need this holiday season; Council is welcome to donate. 2. City Attorney — no report. 3. City Clerk — provided a reminder regarding the December 8 Board of Adjustment hearing and the December 10 Department of Transportation open house meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) City of Kenai Council Meeting Page 10 of 11 December 2, 2015 2. Council Comments Council Member Navarre appreciated the Cornerstone Ceremony and the ability to recognize the founders their families. Attended the Christmas Comes To Kenai festivities; thanked the Chamber of Commerce, local businesses, fire department, and police department for making it a success. Also thanked the Mayor for pay -it- forward gifting. Reported that he was pleased to be able to attend the Legends banquet recognizing Bob Bielefeld and other legends; unfortunately Vice Mayor Gabriel and the Airport Manager weren't able to attend due to weather. Councilor Knackstedt reported that he attended the Alaska Municipal League meetings where there was a lot of talk about state budget; appreciated ability to vote on resolutions on behalf of Kenai. Also reported that he attended the Cornerstone Dedication, appreciated the opportunity to reminisce with the remaining children and grandchildren. Vice Mayor Gabriel expressed disappointment that he couldn't attend the Legends banquet recognizing Bob Bielefeld due to the weather; thanked finance for the satisfactory audit; attended the Cornerstone Dedication; advised that he would be traveling December 3 to Board of Fisheries to testify on relocating the 2017 finfish meeting to the Kenai Peninsula. Council Member Molloy thanked the Mayor for the pay -it- forward gift; thanked the Clerk and the Parks and Recreation Department for their work on the Cornerstone Dedication; thanked the Chamber of Commerce, city departments and businesses for the Christmas Comes To Kenai festivities; thanked the Planning and Zoning Commission for their work session regarding zoning for marijuana; and congratulated the finance director for the clean audit. L. EXECUTIVE SESSION M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:04 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 2, 2015. Modigh, OMC s rk ED City of Kenai Council Meeting Page 11 of 11 December 2, 2015