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.
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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.
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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
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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.
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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.
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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.
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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.
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• 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.
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*,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.
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