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HomeMy WebLinkAbout2017-04-05 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING APRIL 5, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on April 5, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Henry Knackstedt Jim Glendening Mike Boyle A quorum was present. Also in attendance were: Robert Molloy (telephonic) Tim Navarre Glenese Pettey *'Mackenzie Lindeman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda and packet: Add to Item D. 2. Ordinance No. 2934 -2017 • Proposed Amendment Memorandum Add to Item G.7. Senate Bill 100, An Act Relating to Municipal Liens • Letter of Support Move Item D.3. to before Item D. 1. Senate Bill 100, An Act Relating to Municipal Liens Letter of Support MOTION: Council Member Knackstedt MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Staff was thanked for their work to provide savings to the City. 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. Bob McIntosh — Freedom of Information Act / Alaska Open Meetings Act / Public Records Act. Bob McIntosh provided a history on Freedom of Information Act and reviewed City, State, and Borough Open Meeting Act laws. C. UNSCHEDULED PUBLIC COMMENTS Linda Anderson spoke about the condition of Wildwood Drive; asked that a project to pave the road be considered. D. PUBLIC HEARINGS [Clerk's Note: Item D.3. was moved to be considered first under Public Hearings during Agenda Approval.] 3. Ordinance No. 2944 -2017 — Increasing Estimated Revenues and Appropriations in the General Fund by $50,000, Accepting and Appropriating a $50,000 Donation from Kenai Senior Connection, Inc., and Increasing Estimated Revenues and Appropriations by $100,000 in the Senior Citizen Center Capital Improvement Capital Project Fund for the Dining Room Roof Repair Project. City of Kenai Council Meeting Page 2 of 10 April 5, 2017 MOTION: Council Member Knackstedt MOVED to approve Ordinance No. 2944 -2017 and the motion was SECONDED by Council Member Navarre. Mayor Gabriel opened the public hearing. Vivian Terry spoke in favor of the ordinance, noting the organization was 100% behind the donation to expedite the proposed work. There being no one else wishing to be heard, public comment was closed. Administration was thanked for collaborating with Kenai Senior Connections; Kenai Senior Connections was thanked for the donation. Administration clarified the project included repairing leaks, upgrading windows and covering the atrium. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: " Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 1. Ordinance No. 2942 -2017 — Conditionally Donating Certain Foreclosed City - Owned Properties Described as Lots 8, 9, And 11, Block 9, and Lots 4 And 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2, Addn. No. 2, (Parcel Numbers 03910208; 03910209; 03910211; 03910304 And 03910305) to Central Peninsula Habitat for Humanity, Inc. for Construction of Housing. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2942 -2017 and the motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; Bill Radke, president of Habitat for Humanity of the Kenai Peninsula, spoke in favor of the ordinance noting the organization targeted families in need of affordable housing; had built 22 homes over 18 years; families reimbursed the organization; thanked the City for contributing the property. He also noted that, in order to qualify for a home, the family must be living in unsafe conditions, have sustainable income, put 500 sweat equity hours into building the home. There being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the last "Whereas" clause of the ordinance by adding the word "enact," after, "Kenai," so that the clause read in part "the Planning and Zoning City of Kenai Council Meeting Page 3 of 10 April 5, 2017 Commission reviewed the subject Ordinance and recommends the Council of the City of Kenai enact this ordinance," and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Navarre. VOTE ON THE AMENDMENT: There was no objection; SO ORDERED. Administration clarified that once the properties had been transferred to the family, property taxes could again be collected. VOTE ON THE MAIN MOTION: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2943 -2017 —Amending Budget, to Provide for Implementation and Approve the Policy. MOTION: Kenai Municipal Code Chapter 7.25 — City of a General Fund, Fund Balance Policy Council Member Knackstedt MOVED to enact Ordinance No. 2943 -2017 and the motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Administration pointed out that organizations such as Alaska Government Finance Officers Association considered the policy a best practice; noted the policy would guide the financial decisions of the City to provide uninterrupted service while keeping taxes and fees consistent. Also pointed out the policy established a minimum and maximum balance as well as a timeframe to increase and reduce should the balance fall outside the set parameters. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the ordinance by removing and replacing 7.29.090 (a) to read as follows, "All revenues earned from City investments shall be recorded in the General Fund or in funds that are required by federal or state statute or other appropriate authority. General fund investment earnings shall be transferred first to General Obligation Debt Service Funds in the amount of their respective annual debt service requirements, until such time that a fund's accumulated unreserved fund balance equals or exceeds its remaining debt requirements. Any remaining revenues are available to the General Fund.," and the motion was SECONDED by Council Member Boyle. Administration was thanked for their work on developing the policy and providing clarifications where needed. VOTE ON THE AMENDMENT: City of Kenai Council Meeting Page 4 of 10 April 5, 2017 YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. The equipment replacement fund and the way it was maintained was reviewed, noting it removed spikes in the budgets. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2944 -2017 — Increasing Estimated Revenues and Appropriations in the General Fund by $50,000, Accepting and Appropriating a $50,000 Donation from Kenai Senior Connection, Inc., and Increasing Estimated Revenues and Appropriations by $100,000 in the Senior Citizen Center Capital Improvement Capital Project Fund for the Dining Room Roof Repair Project. [Clerk's Note: Item D.3. was moved to be considered first under Public Hearings during Agenda Approval.] 4. Resolution No. 2017 -16 — Authorizing a Budget Transfer within the Congregate Housing Fund for Expenses in Excess of Budgeted Amounts. MOTION: Council Member Navarre MOVED to approve Resolution No. 2017 -16 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of March 15, 2017 Meeting minutes approved by the consent agenda. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified. City of Kenai Council Meeting Page 5 of 10 April 5, 2017 Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000. Approved by the consent agenda. *Ordinance No. 2945 -2017 — Repealing and Re- Enacting Kenai Municipal Code Chapter 8.20- Fireworks Control, to Allow for the Limited Sale of Certain Fireworks in the City. Introduced by the consent agenda and public hearing set for April 19, 2017. 4. *Ordinance No. 2946 -2017 — Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. Introduced by the consent agenda and public hearing set for April 19, 2017. 5. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Neal D. DuPerron to the Harbor Commission. MOTION: Council Member Boyle MOVED to confirm the Mayor's nomination to appoint Neal D. DuPerron to the Harbor Commission. The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. 6. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Gretchen Alexander to the Council on Aging. MOTION: Council Member Boyle MOVED to confirm the Mayor's nomination to appoint Gretchen Alexander to the Council on Aging. The motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. 7. Action /Approval — Authorizing the City Manager to Draft and Send a Letter on Behalf of the City Supporting a Senate Bill Entitled an Act Relating Municipal Liens. MOTION: Council Member Boyle MOVED to authorize the Manager to draft and send a letter, on behalf of the City, supporting a Senate Bill entitled an Act Relating to Municipal Liens. The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. City of Kenai Council Meeting Page 6 of 10 April 5, 2017 Administration clarified the past practice of placing alien on property for the purposes of collecting money, the trouble encountered with frivolous liens, and the solution adopted for frivolous liens preventing municipalities from placing liens; further clarified that the Senate Bill would provide for municipalities to go back to placing liens if municipal law allowed. VOTE: There being no objection; SO ORDERED. 8. Action /Approval — Special Use Permit to HDL Engineering Consultants, LLC for a Soils Test Lab and Equipment Storage. MOTION: Council Member Navarre MOVED to approve a Special Use Permit to HDL Engineering Consultants, LLC for a soils test lab and equipment storage. The motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. It was confirmed that the utilities to the building referred to electric and not natural gas. MOTION: Council Member Navarre MOVED to amend the permit by replacing the second paragraph in section 2. Permit Fees, with "In addition, the permittee shall be charged 76.10 per month for water and sewer for FY17. For FY18 the permittee shall be charged the applicable fee." The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. VOTE ON THE MAIN MOTION: There being no objection; SO ORDERED. 9. Action /Approval — Special Use Permit to State of Alaska Department of Natural Resources /Division of Forestry for Aircraft Loading & Parking. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to State of Alaska Department of Natural Resources /Division of Forestry for aircraft loading & parking. The motion was SECONDED by Council Member Boyle. It was noted the fees changed slightly per fee schedule set by previous administration to bring the fees up to market value. VOTE: YEA: Gabriel, Glendening, Knackstedt, Molloy, Navarre, Pettey, Boyle NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 7 of 10 April 5, 2017 10. Action /Approval — Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk and City Manager. It was decided a special meeting would be held on April 25, 2017 for all three employees. 11. Action /Approval — Schedule a Work Session to Review and Discuss the Fiscal Year 2018 City of Kenai Budget. It was decided a work session would be held on April 29, 2017, beginning at 9:00am. 12. Discussion — Reducing the Size and Content of the City Council Meeting Advertisements Published in the Clarion. The City Clerk pointed out the topic had been briefly discussed previously noting other communities had paved the way; newspaper publication was costly; social media was more prevalent; recommended a move to publishing only public hearings along with date and time in the newspaper; anticipated approximately $7,000 savings to budget. Councilor Molloy disagreed with publication of only public hearings noting that some didn't have access to computers. It was decided the Clerk would bring back a more fleshed out ordinance and policy at her convenience. [Council Member Molloy left the meeting at 7:51 pm] H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — No report; next meeting April 13. 2. Airport Commission — No report; next meeting April 13 3. Harbor Commission — No report; next meeting April 10. 4. Parks and Recreation Commission — No Report; next meeting April 6. 5. Planning and Zoning Commission — It was reported that the March 22 meeting minutes were in the packet; also reported that at the work session on March 29, regarding the site plan ordinance, Planning had been given direction to review codes from other communities and bring potential amendments; next meeting April 12. 6. Beautification Committee — No report; next meeting April 11. 7. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Did a Mayoral proclamation for National Public Health Week; City of Kenai Council Meeting Page 8 of 10 April 5, 2017 Participated in the Choose Respect March sponsored by the Leeshore Center; Proclaimed April as Sexual Assault Awareness month. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Ongoing meetings regarding the Bluff Erosion Project; anticipated report to be released on April 18 which would trigger public comment period; • Attended the March 22 Planning and Zoning Commission meeting; • Noted planning for the dipnet fishery had begun. 2. City Attorney — Provided an update on the status of his review of leases on airport property within airport reserve; noted ongoing meetings. 3. City Clerk —Provided a reminder on the deadline for financial disclosure statements. K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Councilor Knackstedt noted the upcoming Kenai Peninsula History Conference Student Representative Lindeman reported that the high school recently had a blood drive; also that prom was upcoming and expressed gratitude to the businesses that donated to the events surrounding prom. Council Member Glendening reported that he recently heard CIRCAC presentations and encouraged continuation of support; also noted that the Kenai Peninsula Borough was beginning their Comprehensive Plan revision. Council Member Pettey — noted the upcoming First Thursday event at the Kenai Fine Arts Center showcasing high school art. Vice Mayor Navarre noted he had been appointed to the Governor's Education Challenge Committee. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:30 p.m. City of Kenai Council Meeting Page 9 of 10 April 5, 2017 I certify the above represents accurate minutes of the Kenai City Council meeting of April 5, 2017. Sand Oerk i h, CM City "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 10 of 10 April 5, 2017