HomeMy WebLinkAbout2016-02-03 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
FEBRUARY 3, 2016 — 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 February 3, 2016, 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 (absent)
Robert Molloy
Terry Bookey (absent)
Tim Navarre
A quorum was present.
Also in attendance were:
Rick Koch, 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
Vice Mayor Gabriel noted the following requested revisions /additions to the agenda /packet:
Add to Item D. 5
Resolution No. 2016 -03
• Amendment Memorandum
• Correspondence from Resident
MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions and requested
UNANIMOUS CONSENT. Councilor Navarre SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Councilor Navarre MOVED to approve the consent agenda; Council Member Knackstedt
SECONDED the motion and requested UNANIMOUS CONSENT.
Vice Mayor Gabriel 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
C. UNSCHEDULED PUBLIC COMMENTS
None.
D. PUBLIC HEARINGS
1. Ordinance No. 2875 -2016 — Reappropriating State Grant Funds in the Park
Improvement Capital Project Fund and Appropriating State Grant Funds in the
Municipal Roadway Improvements Capital Project Fund.
MOTION:
Councilor Navarre MOVED to enact Ordinance No. 2875 -2016; 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.
Administration clarified that the project included reconstruction down to non -frost susceptible soil
and curbs and gutters in addition to repaving the street.
VOTE:
YEA: Knackstedt, Navarre, Gabriel, Boyle, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
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February 3, 2016
2. Ordinance No. 2876 -2016 — Reappropriating State Grant Funds in the Park
Improvement Capital Project Fund and Appropriating State Grant Funds in the Multi -
Purpose Facility Improvements Capital Project Fund.
MOTION:
Councilor Knacktstedt MOVED to enact Ordinance No. 2876 -2016; the motion was SECONDED
by Council Member Navarre.
Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Navarre, Gabriel, Boyle, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 2877 -2016 — Appropriating Funds in the General and City Shop
Improvements Capital Project Fund for the Construction of Crew Facilities and a
Building Maintenance Area in the New Warm Storage Facility.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2877 -2016. The motion was
SECONDED by Councilor Knackstedt.
Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was noted the upgraded facilities would be a benefit for the crew in the long run.
VOTE:
YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle
NAY:
MOTION PASSED UNANIMOUSLY.
4. Ordinance No. 2878 -2016 — Increasing Estimated Revenues and Appropriations in the
Airport and Airport Improvement Capital Project Funds for the 2016 Security Camera
Project.
MOTION:
Councilor Knackstedt MOVED to enact Ordinance No. 2878 -2016; the motion was SECONDED
by Council Member Molloy.
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February 3, 2016
Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
Administration clarified that the project was anticipated to be out to bid before summer.
VOTE:
YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle
NAY:
MOTION PASSED UNANIMOUSLY.
5. Resolution No. 2016 -03 — Repealing Kenai City Council Policy for Commission,
Committee, Board and Council on Aging Meetings and Work Sessions, and Approving
City Council Policy 2016 -01 as its Replacement, Establishing Procedures for Such Bodies.
MOTION:
Councilor Knackstedt MOVED to adopt Resolution No. 2016 -03; the motion was SECONDED by
Council Member Molloy.
Vice Mayor Gabriel opened the public hearing.
Bob McIntosh, Kenai Resident, suggested more meetings be recorded; noted staff's concerns
regarding equal application and record retention.
There being no one wishing to be heard, the public hearing was closed.
MOTION TO AMEND:
Councilor Molloy MOVED to amend section 2.a. to delete "recommendation of administration
and," so the section would read "A subcommittee of a commission or committee may be
established for a specific function upon approval of Council.'; the motion was SECONDED by
Council Member Boyle. UNANIMOUS CONSENT was requested.
It was clarified that the motion removed a recommendation by Administration as a precondition.
Unanimous consent was objected. It was suggested that Administration's recommendation was
appropriate. It was noted that Administration wasn't removed but a recommendation by
Administration would no longer be a condition.
VOTE ON THE AMENDMENT MOTION:
YEA: Molloy, Navarre, Boyle
NAY: Gabriel, Knackstedt
MOTION PASSED.
Point of order was called for clarification on the appropriate number of yes votes to pass. The
Clerk stated that Robert's Rules indicated that a majority of those assembled could pass a
motion and Kenai Municipal Code only overrode that rule in passage of an ordinance where it
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February 3, 2016
called for a majority of the body. No references could be found in code indicating a majority of
the body was required in other situations. The point of order was rescinded.
MOTION TO AMEND:
Councilor Molloy MOVED to amend section 5.c. to insert "At a minimum," so the section would
read "At a minimum, work sessions shall be posted on the Official City Bulletin Board in Kenai
City Hall and on the city website at least 5 days prior to the meeting." And 6.b. to insert "At a
minimum," to the beginning and, "The Planning and Zoning Commission's public notice
requirements are also regulated by KMC 1420.280." so the section would read, "At a minimum,
meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the
city website at least 5 days prior to the meeting. The Planning and Zoning Commission's public
notice requirements are also regulated by KMC 14.20.280. "; the motion was SECONDED by
Council Member Knackstedt.
It was clarified that the request was not onerous due to code requirements and the City would not
be out of compliance if the website was down as other means to advertise would be used.
VOTE ON THE AMENDMENT MOTION:
YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Councilor Knackstedt MOVED to amend section 6.g. by removing the wording in parenthesis
after, "A majority of votes is required to pass a motion. "; the motion was SECONDED by Council
Member Molloy.
It was noted that the code was confusing and the amendment provided clarification.
VOTE ON THE AMENDMENT MOTION:
YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle
NAY:
MOTION PASSED UNANIMOUSLY.
A point of order was called to determine whether or not it was germane to discuss recording
Planning and Zoning Commission work sessions regarding the Comprehensive Plan revision. It
was ruled that the topic would need to be separate on an advertised agenda.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle
NAY:
MOTION PASSED UNANIMOUSLY.
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6. Resolution No. 2016 -04 — Setting the Time and Place for a Public Hearing on the VIP
Drive Special Assessment District.
MOTION:
Councilor Navarre MOVED to adopt Resolution No. 2016 -04 and requested UNANIMOUS
CONSENT. The motion was SECONDED by Council Member Knackstedt.
VOTE: There were no objections; SO ORDERED.
E. MINUTES
1. *Regular Meeting Minutes of January 20, 2016
[Clerk's Note: The minutes were not provided in the packet and were inadvertently not included
as a laydown item, so no action was taken.]
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. *Action /Approval — Renewal of Liquor Licenses:
• New Peking and Sushi
• Katina's Greek & Italian Restaurant
• Pizza Hut #9
• The Upper Deck
Approved by the consent agenda.
4. *Ordinance No. 2879 -2016 — Accepting and Appropriating Funds Donated to the
Kenai Animal Shelter.
Introduced on the consent agenda and public hearing set on February 17, 2016.
5. *Ordinance No. 2880 -2016 — Increasing Estimated Revenues and Appropriations by
$1,500 in the General Fund — Fire Department for Grant from Kenai Peninsula
Emergency Services, Inc. to Assist in Providing a Paramedic Refresher Course to
Department Personnel.
Introduced on the consent agenda and public hearing set on February 17, 2016.
City of Kenai Council Meeting
February 3, 2016
6. Action /Approval — Schedule a Joint Work Session with Council, the KOOL
Committee and Parks & Recreation Commission to Receive the Final Presentation on
the Feasibility and Cost for the Phased Construction of a Park Facility.
It was decided a joint meeting with the Parks & Recreation Commission, City Council, and the
KOOL Committee would be held on March 3.
IN
1. Council on Aging — no report; next meeting February 11.
2. Airport Commission — no report; next meeting February 11.
3. Harbor Commission — no report; next meeting February 8.
4. Parks and Recreation Commission — no report; next meeting February 4.
a. Kenai Outdoor Opportunity Location Committee — it was reported that the next
meeting would be held on February 23 to finalize the presentation for the March 3
joint meeting.
5. Planning and Zoning Commission — it was reported that a work session was held on
January 27 to continue discussion regarding an abandoned mobile home ordinance.
It was also reported that during their Regular Meeting, the Commission approved plats
for the South Beach Access project and the Evergreen Property for the Kenai
Performers; next meeting Feb. 24.
6. Beautification Committee — no report; next meeting April 12.
7. Mini -Grant Steering Committee — no report.
REPORT OF THE MAYOR
Vice Mayor Gabriel reported on the following:
• Damage assessments to infrastructure caused by the January 24 earthquake
was ongoing.
• Visited the emergency shelter during the Lilac Lane evacuation; noted the desire
for information by evacuees. The police chief and acting city manager were
commended for providing information as quickly as possible.
• Attended the Industry Outlook Forum hosted by the Kenai Peninsula Economic
Development District; presented on behalf of the City.
• Attended a volunteer appreciation event for animal control volunteers.
J. ADMINISTRATION REPORTS
City Manager reported on the following:
• Governor attended briefing held on January 31 to see damage caused by the
January 24 earthquake.
• Commended the Kenai Police Department Captain on duty for evacuating prior
to explosion and subsequent fires.
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• Ongoing drilling for well development.
• Response to a request for proposals distributed for help with the
Comprehensive Plan revision; would be before Council soon.
• Planning trip to Juneau toward the end of February to discuss the Bluff Erosion
project, Wastewater Treatment Plant upgrades, and Payment In Lieu of Taxes.
2. City Attorney — no report.
3. City Clerk — provided a reminder of the Alaska Municipal League meetings in Juneau;
noted City Hall would be closed on February 15; provided a reminder of the joint work
session with the Airport Commission on February 23.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Charlotte Yamada stated she was going to submit a proposal, within a week, to acquire and
renovate the former bowling alley building and space.
Bob Bush stated there wasn't anything more important than a bowling alley returning to the space.
Paul Irwin suggested that when reviewing bowling alley proposals, consideration be given that
renovations will take a long time; also noted the band shell being considered would be used
periodically for a four month period of time at a cost of one million dollars; added that bowling is
year round and offers scholarships.
2. Council Comments
Council Member Navarre thanked first responders, Enstar and Homer Electric Association (HEA)
for their efforts on the fire caused by the earthquake on January 24.
Council Members Boyle and Molloy echoed Navarre's comments.
Council Member Knackstedt thanked Koch forthe damage briefing subsequent to the earthquake;
noted he learned about how the City works with Enstar and HEA. Thanked the first responders;
thanked Vice Mayor Gabriel for his thorough report and his involvement throughout the incident.
L. EXECUTIVE SESSION — None Scheduled.
M. PENDING ITEMS — None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:18 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of February 3,
201 &r
February 3, 2016
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