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HomeMy WebLinkAbout2017-01-04 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JANUARY 4, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR TIM NAVARRE, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on January 4, 2017, in City Hall Council Chambers, Kenai, AK. Vice Mayor Navarre called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Navarre led those assembled in the Pledge of Allegiance. 2. Roll Call There were present Brian Gabriel, Mayor (telephonic) Robert Molloy Henry Knackstedt Tim Navarre Jim Glendening Glenese Pettey Mike Boyle A quorum was present. Also in attendance were Terry Eubank, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Agenda Approval Vice Mayor Navarre noted the following revisions to the agenda and packet: Remove Item E. 1 Minutes • Work Session of October 19, 2016 Add to Item D. 1. Ordinance No. 2927 -2016 • Amendment Memorandum Add to Item D. 6 Ordinance No. 2932 -2016 • Postponement Memorandum MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda and packet and also amend the title of the Executive Session on the agenda to remove the word "an," and to add the letter "s," at the end of the word 'offer," and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Vice Mayor Navarre 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. [Council Member Boyle joined the meeting at 6:04 p.m. ] B. SCHEDULED PUBLIC COMMENTS — None. C. UNSCHEDULED PUBLIC COMMENTS Brenna Eubank noted that the Kenai Central High School varsity hockey team was beginning to playing hockey on their own rink at the Kenai Multi- purpose facility and invited Council to attend their first game on January 11. D. PUBLIC HEARINGS 1. Ordinance No. 2927 -2016 — Amending Kenai Municipal Code 23.55.020 - Compensation Structure by Grade, and 23.55.050 - Hourly Rates, to Clarify Step Increase Differences between Permanent Full -Time and Permanent Part-Time Employees. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2927 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. City of Kenai Council Meeting Page 2 of 12 January 4, 2017 MOTION TO AMEND: Council Member Molloy MOVED to amend the ordinance citation in Section 2 from 23.50.020 to 23.55.020 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections; SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Subsection C of Section 2 by replacing "subject to receiving a satisfactory evaluation," in the second sentence with "subject to the employee's most recent annual evaluation being satisfactory or better," and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. Administration noted that the ordinance clarified a discrepancy in code; the effect has been the City's practice; all employees, except temporary and three staff to Council must receive an employee evaluation. There was suggestion that the word "may," should be replaced with the word "shall." It was pointed out that the word "shall," could be problematic should the Council ever find themselves needing to freeze step increases for budgetary reasons. MOTION TO AMEND: Council Member Boyle MOVED amend by replacing the word "may," with the word "shall," in Sections B and C and the motion was SECONDED by Council Member Molloy. The attorney noted it was a good idea to leave flexibility in this particular case and if the amendment was wanted, he recommended postponing for administration to evaluate. VOTE ON THE AMENDMENT: YEA: Boyle NAY: Gabriel, Molloy Navarre, Glendening, Knackstedt, Pettey MOTION FAILED. VOTE ON THE MAIN MOTION: YEA: Gabriel, Glendening, Knackstedt, Boyle, Navarre, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. Ordinance No. 2928 -2016 — Increasing Estimated Revenues and Appropriations by $1,400,120 in the Water and Sewer Capital Project Fund for Construction of Improvements to the City's Waste Water Treatment Plant and by $353,791.51 in City of Kenai Council Meeting Page 3 of 12 January 4, 2017 the Water and Sewer Special Revenue Fund to Provide the Required 30% Local Match to the Project. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2928 -2016 and the motion was SECONDED by Council Member Molloy. MOTION TO AMEND: Council Member Knackstedt MOVED amend by substitute ordinance and the motion was SECONDED by Council Member Molloy. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE ON THE AMENDMENT: YEA: Gabriel, Glendening, Knackstedt, Navarre, Boyle, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Gabriel, Glendening, Knackstedt, Navarre, Boyle, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2929 -2016— Amending KMC 22.05.100 -Sale Procedure, to Eliminate the Requirement that the City Utilize a Title or Escrow Company within the City for Closing of General Fund Land Sales. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2929 -2016 and the motion was SECONDED by Council Member Glendening. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. The local preference specifications in code were cited. It was noted that due to recent land sales, the topic came to light. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy NAY: Boyle MOTION PASSED. City of Kenai Council Meeting Page 4 of 12 January 4, 2017 4. Ordinance No. 2930 -2016 — Amending KMC 12.40.060 - Violations and Penalties, to Set Specific Fine Amounts for Violations of the City's Regulation of Smoking in Order to Eliminate the Requirement of a Mandatory Court Appearance for each Citation Issued. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2930 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that very few citations had been issued with the requirement of a court appearance and that smoking at the airport had become an issue. It was thought that there was reluctance to issue citations due to the mandatory court appearance. It was clarified that the requirement applied to both marijuana and cigarettes. The section of code pertaining to "no smoking" was read into the record as was the definition of smoking. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2931 -2016 —Amending KMC 23.50.010 - Employee Classification, to Remove the Class Title of Human Resource Officer and Class Code 123 in its Entirety and Amend the Class Title Human Resource Specialist/Assistant to City Manager to Human Resource Officer Pursuant to a Position Reclassification. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2931 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: NAY: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle MOTION FAILED UNANIMOUSLY. City of Kenai Council Meeting Page 5 of 12 January 4, 2017 6. Ordinance No. 2932 -2016 — Donating and Declaring no Longer Needed for a Public Purpose a Certain Parcel Described as Lot 17, Block 5, Original Townsite of Kenai, (KPB Parcel No. 047 - 071 -21) to the Kenaitze Indian Tribe. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2932 -2016 and the motion was SECONDED by Council Member Glendening. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that staff requested a postponement so the mapping could be corrected. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone to the January 18, 2017 meeting and the motion was SECONDED by Council Member Boyle. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. 7. Ordinance No. 2933 -2016 — Authorizing an Amendment to Extend the Term of Lease to 2035 of Certain City -Owned Land, Identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as the "Fine Arts Center ", to the Peninsula Art Guild, Inc. without a Current Appraisal and Declaring an Amendment to the Lease is in the Best Interest of the City. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2933 -2016 and the motion was SECONDED by Council Member Boyle. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by inserting the date 12/14/16 in the blank in the second "whereas," clause and the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections; SO ORDERED. VOTE ON THE MAIN MOTION: City of Kenai Council Meeting Page 6 of January 4, 2017 YEA: Gabriel, Glendening, Boyle, Knackstedt, Navarre, Pettey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 8. Resolution No. 2017 -01 — Authorizing a Budget Transfer within Departments of the Airport Fund for the Unbudgeted Replacement of Equipment in the Terminal's Restaurant. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017 -01 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections; SO ORDERED. E. MINUTES 1. *Work Session of October 19, 2016 Meeting minutes approved by the consent agenda. 2. *Special Meeting of October 25, 2016 Meeting minutes approved by the consent agenda. 3. "Work Session of December 1, 2016 Meeting minutes approved by the consent agenda. 4. *Special Meeting of December 1, 2016 Meeting minutes approved by the consent agenda. 5. *Work Session of December 8, 2016 Meeting minutes approved by the consent agenda. 6. *Work Session of December 13, 2016 Meeting minutes approved by the consent agenda. 7. *Regular Meeting of December 7, 2016 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS — None. City of Kenai Council Meeting Page 7 of 12 January 4, 2017 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 — Non - Objection of the Liquor License Renewal for Ramon Gonzalez d /b /a/ Playa Azul. Approved by the consent agenda. 4. *Action /Approval — Non - Objection of the Liquor License Renewal for Griffin Golf Enterprise, LLC. d /b /a Kenai Golf Course. Approved by the consent agenda. 5. *Ordinance No. 2934 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. Introduced by the consent agenda and public hearing set for January 18, 2017. *Ordinance No. 2935 -2017 — Increasing Estimated Revenues and Appropriations by $1,400,120 in the Water and Sewer Capital Project Fund for Construction of Improvements to the City's Waste Water Treatment Plant and by $353,791.51 in the Water and Sewer Special Revenue Fund to Provide the Required 30% Local Match to the Project. Introduced by the consent agenda and public hearing set for January 18, 2017. 7. *Ordinance No. 2936 -2017 — Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2017 Projected Expenditures. Introduced by the consent agenda and public hearing set for January 18, 2017. 8. *Ordinance No. 2937 -2017 — Increasing Estimated Revenues and Appropriations by $59,000 in the Airport Fund for the Purchase of Approximately 80 Acres of Real Property Described as SW1 /4 Excepting Therefrom those Portions as Per W/D 51 @ 152 and as Per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R1 1W, to be Retained by the City for Public Use and Reserved for Airport Purposes. Introduced by the consent agenda and public hearing set for January 18, 2017. City of Kenai Council Meeting Page 8 of 12 January 4, 2017 9. *Ordinance No. 2938 -2017 — Increasing Estimated Revenues and Appropriations by $20,600 in the Water & Sewer Fund for the Purchase of Approximately 2.27 Acres of Real Property Described as Lots 1 and 2, Block B, Beaver Creek Alaska Subdivision Amended, Section 36, T6N, R11 W, to be Retained by the City for Public Use. Introduced by the consent agenda and public hearing set for January 18, 2017. 10. Action /Approval — Schedule a Work Session to Discuss an Offer to Purchase a Portion of Property and other Options for Property Located at 10095 Kenai Spur Highway, Kenai AK 99611, KPB Parcel No. 04501003. It was suggested that due to the workload for the new manager, specifically dipnet matters, the work session be pushed out to February or March. There was dissent due to fair negotiations. Ostrander recommended the last week of January so he could make the best use of time with the former manager who had been contracted to assist for two weeks. It was decided a work session would be held on January 24, 2017 at 6:00 p.m. 11. Action /Approval — Mayoral Nomination and Council Confirmation to Appoint or Reappoint Applicants to Committee /Commission Vacancies. MOTION: Council Member Knackstedt MOVED to confirm the Mayoral nomination of Jeanette Desimone to the Harbor Commission and Roy D. Williams to the Council on Aging and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objection; SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging —It was reported that service animals vs. emotional support animals at the Senior Center was discussed and the attorney was being consulted prior to developing a policy; also discussed choice waiver and funding levels, suggested donations for meals and improving operations; may be visiting Chan's place in March; next meeting January 12. 2. Airport Commission — No report; next meeting January 12. 3. Harbor Commission — No report; next meeting February 6. 4. Parks and Recreation Commission — No report; next meeting January 5. 5. Planning and Zoning Commission — It was reported that on December 14, the Commission approved a plat, and a variance for a greenhouse. Also conducted completeness review for an amendment to a Conditional Use Permit for resource extraction, and concurred with an amendment to extend the lease for the arts council; next meeting January 11. 6. Beautification Committee — No report; next meeting January 10 City of Kenai Council Meeting Page 9 of 12 January 4, 2017 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended the Council Meet and Greet at the Kenai Chamber of Commerce; • Attended Breakfast with Santa at the Senior Center with his granddaughters; • Thanked Vice Mayor Navarre for filling in at the meeting; • Thanked Knackstedt for filling in at Coffee with the Mayor; • Thanked staff for their work over the past year, noted employees were the City's best asset; • Wished all a Happy New Year. ADMINISTRATION REPORTS City Manager — Interim City Manager T. Eubank reported on the following: • Expressed gratitude for the opportunity to serve as Interim City Manager; • Attended the Soldotna Chamber of Commerce Lunch in where the financial difficulty the state was in was discussed; • Attended the Kenai Chamber of Commerce Lunch where Kenai Peninsula Borough tax amendments were discussed; • Noted the Kenai Peninsula Borough Assembly unanimously approved Kenai's Comprehensive Plan, • Noted the Local Boundary Commission accepted a petition for Nikiski to become a Home Rule City; taking public comment; • Hoped everyone could attend the Kenai Central High School hockey game. 2. City Attorney — no report. 3. City Clerk — S. Modigh noted upcoming meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Ronald Winger spoke in favor of retaining the bowling alley noting he was a lifelong resident of Kenai, and pointed out that his father was a professional bowler on the tour. He suggested it was important to keep bowling in the community as it provided a positive influence on young people while also giving back in the form of scholarships. Michelle Carver spoke in favor of retaining the bowling alley noting it brought age groups and families together. She asked to please keep the bowling center going if there was any possible way; reminded of the scholarships provided and the positive activity for youth, Special Olympics and other organizations. City of Kenai Council Meeting Page 10 of 12 January 4, 2017 Tea Winger spoke in favor of retaining the bowling alley noting she was born and raised in Kenai and had always had a bowling alley available. She also noted the benefits to youth, bowling leagues, and the scholarships it provided. She asked that Council consider new management and new way of running the bowling alley for the benefit of everyone. 2. Council Comments Council Member Molloy thanked all those that spoke to the Council; thanked Morin for his service on the Harbor Commission; looking forward to information from administration on Board of Fisheries topics that impact the City; welcomed Mr. Ostrander as new City Manager. Councilor Knackstedt pointed out the newsletter from the Kenai Historical Society in the packet and noted its next meeting. Vice Mayor Navarre thanked Mr. Eubank for acting as Interim City Manager; noted he was looking forward to Mr. Ostrander starting on January 9. Council Member Boyle wished all a Happy New Year; welcomed Mr. Ostrander; thanked Phil Morin and Victoria Askin for serving the community. Council Member Glendening thanked Mr. Eubank for acting as Interim City Manager; welcomed Mr. Ostrander; noted he had fond memories of bowling. L. EXECUTIVE SESSION 1. Discuss Offers to Purchase Property Located at 10639 Kenai Spur Highway, Kenai AK also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the old Bowling Alley), 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. MOTION: Council Member Molloy MOVED to convene in executive session to discuss offers to purchase property located at 10639 Kenai Spur Highway, Kenai, AK also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the old bowling alley), the immediate knowledge of which 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 per AS 44.62.310(C)(1)(3) and requested the attendance of attorney, interim city manager, ostrander and city clerk to stand by and the motion was SECONDED by Council Member Glendening. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was noted that Administration and the City Attorney had been given direction. City of Kenai Council Meeting Page 11 of 12 January 4, 2017 M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:33 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of January 4, 2017. City of Kenai Council Meeting Page 12 of 12 January 4, 2017