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HomeMy WebLinkAbout2016-10-05 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING OCTOBER 5, 2016 — 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 October 5, 2016, 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 Henry Knackstedt Terry Bookey Mike Boyle (absent) A quorum was present. Also in attendance were: Robert Molloy Tim Navarre Brian Gabriel, Vice Mayor "Mackenzie Lindeman, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Mayor Porter noted the following additions to the packet and revisions to the agenda: Add to Item E. 2. Minutes • Regular Meeting of September 21, 2016 Add to Item F. 1. Ordinance No. 2917 -2016 • Correspondence from Peter Wolf in Opposition Add to Information Items • Correspondence from Gloria Ungrue regarding the "Pond" on Backwoods Avenue • September 2016 Kenai Historical Society Newsletter MOTION: Council Member Molloy MOVED to approve the agenda with requested additions to the packet and revisions to the agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. 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. *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 — None. C. UNSCHEDULED PUBLIC COMMENTS Joe Harris pointed out the changes in leadership that were coming to the City of Kenai and thanked Mayor Porter, Rick Koch, and Council Member Bookey for their service to the City. Charlotte Yamada spoke in favor of the bowling alley remaining a bowling alley and encouraged that fair process and consideration be given to the proposal that would maintain the facility as a bowling alley. D. PUBLIC HEARINGS 1. Ordinance No. 2924 -2016 - Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the Small Taxiways and Aircraft Tie -Down Rehabilitation 2015 -2016 Project. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2924 -2016 and the motion was SECONDED by Council Member Molloy. Mayor Porter opened the public hearing; there being no one wishing to be heard, public comment was closed. City of Kenai Council Meeting Page 2 of 11 October 5, 2016 VOTE: YEA: Knackstedt, Bookey, Porter, Molloy, Navarre, Gabriel NAY: " Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2925 -2016 —Appropriating Funds in the Vintage Pointe Enterprise Funds for Unbudgeted Repairs to the Facility's Elevator. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2925 -2016 and the motion was SECONDED by Council Member Molloy. Mayor Porter opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Bookey, Porter, Molloy, Navarre, Gabriel NAY: *' Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2016 -42 - Authorizing a Budget Transfer within the General Fund — City Lands Department for the Appraisal of 3 Parcels. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2016 -42. The motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. Mayor Porter opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 4. Resolution No. 2016-43- Opposing the Selection of G -South as the Preferred Alternative for the Sterling Highway at MP45 -60 Project and Supporting the Juneau Creek Alternative. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -43. The motion was SECONDED by Council Member Bookey. Mayor Porter opened the public hearing. City of Kenai Council Meeting Page 3 of 11 October 5, 2016 Kenai Peninsula Borough Mayor, Mike Navarre, expressed appreciation that Council weighed in on the issue; noted different routes pointing out that one option bisected Resurrection Trail, avoided congestion at the Russian River ferry terminal, and avoided an additional river crossing. He also noted that the selected option doesn't keep traffic away from the river which was potentially hazardous for the river. There being no one else wishing to be heard, public comment was closed. Vice Mayor Gabriel noted he had a potential conflict of interest; explained he did not have a financial conflict but requested to abstain due to the conflicting opinion of his employer. Mayor Porter ruled that Vice Mayor Gabriel could abstain from voting VOTE: YEA: Knackstedt, Bookey, Porter, Molloy, Navarre NAY: ABSTAIN: Gabriel " Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.'Regular Meeting of September 7, 2016 Minutes were approved by the consent agenda. 2." Regular Meeting of September 21, 2016 Minutes were approved by the consent agenda. 3.*Special Meeting of September 28, 2016 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS Ordinance No. 2917 -2016 — Amending Kenai Municipal Code Section 3.10.020 — Control and Confinement of Animals, to Require Cats in the City to be Restrained at all Times. [Clerk's Note: At its meeting on September 21, 2016, Council approved a motion to postpone the enactment of this ordinance; a motion to enact is on the floor.] • Substitute Ordinance No. 2917 -2016 — Impounding Procedure, to Clarify that all Domestic Animals Including Cats and Dogs may be Impounded if Found at Large on Public or Private Property. There was no objection to allowing public testimony. Frederick Mitchell, a resident of Anchorage and a cat owner, spoke in favor of the ordinance noting cat owners needed to be responsible pet owners due to rabies, their attracting foxes and City of Kenai Council Meeting Page 4 of 11 October 5, 2016 bears, toxoplasmosis, and other hazardous pests. He pointed out that the feral cat population was in the millions and that they kill native species. MOTION TO AMEND: Council Member Navarre MOVED to amend Ordinance 2917 -2016 by Substitute Ordinance No. 2917 -2016. The motion was SECONDED by Council Member Bookey. Gratitude was expressed regarding comments received on the topic. It was noted that animal control could use some tools to help with cats; substitute provided for non - issuance of a citation if animal control brought the animal back. It was further noted that a number of cats had been removed in a certain neighborhood. Clarification was provided that the fee schedule included impound and boarding fees for cats. It was suggested that the existing regulations contained sufficient tools for impounding and boarding animals; not necessary to parse dogs out; matters could be managed civilly; citation was still an option for animal control. It was clarified that rabies vaccination was the only requirement at the state level; no license required. VOTE: YEA: Knackstedt, Bookey, Porter, Navarre, Gabriel NAY: Molloy "" Student Representative Lindeman: YEA MOTION PASSED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Bookey, Porter, Navarre, Gabriel NAY: Molloy "' Student Representative Lindeman: YEA MOTION PASSED. 2. Ordinance No. 2920 -2016 — Increasing Estimated Revenues and Appropriations by $4,206 in the Airport Fund, by $62,981 in the General Fund, and Amending KMC 23.50.010 for the Creation of a Fulltime Human Resource Officer. [Clerk's Note: At its meeting on September 21, 2016, Council approved a motion to postpone the enactment of this ordinance; a motion to enact is on the floor.] It was noted that the additional position was adding significant cost to the City and there were budgetary concerns, specifically due to the unknown insurance costs which were cited as a reason not to add the position when adopting the budget. Administration clarified that the manager's assistant was currently spending all of their time on the Human Resource function. City of Kenai Council Meeting Page 5 of 11 October 5, 2016 It was suggested that it was imperative that tools be in place for the new manager; shortcomings had been identified previously. It was also suggested that due to liabilities and compliance, it was appropriate to go ahead with adding the position. VOTE: YEA: Bookey, Porter, Molloy, Navarre, Gabriel NAY: Knackstedt ** Student Representative Lindeman: YEA MOTION PASSED. Council Member Bookey left the meeting at 6:50 p.m. 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 — Mayoral Nomination to Appoint an Applicant to the Planning and Zoning Commission. The Mayor announced her intention to nominate Joe Halstead to the Planning and Zoning Commission. MOTION: Council Member Navarre MOVED to appoint Joseph Halstead to the Planning and Zoning Commission and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Porter, Molloy, Navarre, Gabriel NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 4. Action /Approval —Authorize the Donation of Approximately Twenty -Three (23) Bikes to Mountain View Elementary. MOTION: Council Member Gabriel MOVED to authorize the donation of approximately twenty -three (23) bikes to Mountain View Elementary School and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. 5, 2016 VOTE: There being no objection; SO ORDERED. 5. Action /Approval — Status of the Sale of City Owned Property Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition. (Clerk's Note: The Council may convene in executive session to discuss this matter pursuant to AS 44.62.310(c) (1) (3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential.] It was clarified that the offer Administration had been directed to pursue was supposed to have closed on September 22, 2016; additional time was requested. It was also pointed out that there were other offers that Administration was anticipating Council would review and provide direction to Administration. MOTION: Council Member Molloy MOVED to convene in executive session to discuss the status of the sale of and other pending offers on City owned property Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition which, pursuant to AS 44.62.310(c)(1)(3) is a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential and the motion was SECONDED by Council Member Knackstedt. Attendance of the City Manager, City Attorney, and Finance Director was requested. VOTE: YEA: Knackstedt, Porter, Molloy, Navarre, Gabriel NAY: " Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. Council reconvened in regular session; it was noted that direction had been given. 6. Action /Approval —Schedule Work Session to discuss 2017 Capital Improvement Project Priorities. Administration clarified that the list of Capital Improvements needed to be to the Governor as soon as possible in November. It was decided a Work Session would be scheduled after the Regular Meeting on 10/19/16. 7. Action /Approval — Schedule a Joint Work Session with the City Council, Harbor Commission and Parks & Recreation Committee to Review the 2016 Kenai River Personal Use Fishery (Dipnet) Report. It was decided item would appear on the 10/19/16 agenda. City of Kenai Council Meeting Page 7 of 11 October 5, 2016 8. Action /Approval —Schedule a Work Session to Discuss Airport Leases within the Airport Reserve. It was decided item would appear on the 10/19/16 agenda. 9. Action /Approval — City Manager Recruitment. [AS 44.62.310(C)(2)(D)(5) a Subject that Tends to Prejudice the Reputation and Character of an Applicant; and Meetings of the Governmental Body when Holding a Meeting Solely to Act Upon Matters of Professional Qualifications] MOTION: Council Member Gabriel MOVED to convene in executive session to discuss city manager recruitment which, pursuant to AS 44.62.310(C)(2)(D)(5) is a Subject that Tends to Prejudice the Reputation and Character of an Applicant; and Meetings of the Governmental Body when Holding a Meeting Solely to Act Upon Matters of Professional Qualifications and the motion was SECONDED by Council Member Knackstedt. Attendance of the City Manager, City Clerk, and City Attorney was requested. It was suggested the topic should be delayed for the Council being seated to act on VOTE: YEA: Knackstedt, Porter, Navarre, Gabriel NAY: Molloy ** Student Representative Lindeman: YEA MOTION PASSED. Council reconvened in regular session and it was noted that the City Clerk was to notify Jason Hooley and Paul Ostrander that they were finalists for the city manager position. Council Member Molloy noted his dissention from the action; felt Mr. Dahl and Mr. Dinley should also be recommended for interviews to the Council being seated. MOTION: Council Member Navarre MOVED name Jason Hooley and Paul Ostrander as the two city manager candidates to be set up with interviews and the motion was SECONDED by Council Member Gabriel. VOTE: YEA: Knackstedt, Porter, Navarre, Gabriel NAY: Molloy ** Student Representative Lindeman: YEA MOTION PASSED. City of Kenai Council Meeting Page 8 of 11 October 5, 2016 MOTION: Council Member Navarre MOVED to set interviews for anytime on October 25, 2016 as determined by the City Clerk and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Porter, Navarre, Gabriel NAY: Molloy " Student Representative Lindeman: YEA MOTION PASSED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging —October meeting cancelled; next meeting November 10. 2. Airport Commission — No report; next meeting October 13. 3. Harbor Commission —No report; next meeting October 10. 4. Parks and Recreation Commission — No report; next meeting October 6. 5. Planning and Zoning Commission — It was reported that minutes were in the packet; next meeting October 12. 6. Beautification Committee — No report; next meeting October 11. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Upcoming State Chamber of Commerce meeting in Kenai. • Thanked Vice Mayor Gabriel for filling in. • Congratulated Jim Glendening and Glenese Pettey on their election to City Council; congratulated Brian Gabriel for his election as Mayor. • Noted the national media's inquiry into the proposed leash law; conversations were interesting. J. ADMINISTRATION REPORTS 1. City Manager reported on the following • Requesting re- appropriations of grants. • Opportunity for testimony to the Alaska Board of Fisheries coming up. • Met with the Alaska Department of Transportation on the Beaver Loop Project. City of Kenai Council Meeting Page 9 of 11 October 5, 2016 • Would report on the marketing of the house on South Beach on October 19. 2. City Attorney — no report. 3. City Clerk — reported on the following: • Canvass Board to meet on October 11 to finalize election results. • Election Certification on October 19. • Election of Vice Mayor October 19. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Navarre thanked the Mayor for her twelve years of service to City; noted he presented a joint proclamation with Mayor Sprague in recognition of domestic violence month; thanked all City Council candidates for running; noted he was looking forward to working with Mr. Glendening, Mrs. Pettey and Mr. Gabriel. Thanked Council Member Bookey for his service to the City. Vice Mayor Gabriel noted he appreciated the information regarding the Kenai Historical Society; thanked Charlie Yamada for participating in the meeting; echoed Navarre's comments thanking the candidates for running, congratulating the successful candidates, and thanking those leaving for their service. Student Representative Lindeman noted the football team's last game was the previous weekend in Soldotna. Council Member Molloy thanked those that attended the meeting to testify and comment; echoed previous members congratulating and thanking election candidates and departing members. Also thanked the City Manager applicants for applying. Council Member Knackstedt echoed previous members congratulating and thanking election candidates and departing members; noted he attended a fundraiser for a police officer with extensive medical concerns; thanked Yamada for her involvement in the fundraiser and Chief Ross for taking a pie in the face. Further noted he attended the tour of the new small taxiways and tie downs project where he cut the ribbon. L. EXECUTIVE SESSION M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:28 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 5, 2016. City of Kenai Council Meeting Page 10 of 11 October 5, 2016 *,dr, Modigh, CMC lerk *"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 October 5, 2016