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HomeMy WebLinkAbout2017-07-05 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JULY 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 July 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: Paul Ostrander, City Manager Jamie Heinz, Acting City Clerk 3. Agenda Approval Robert Molloy Tim Navarre Glenese Pettey Mayor Gabriel noted the following modifications to the agenda and additions to the packet: Add to Item DA. Ordinance No. 2968-2017 • Correspondence from M. Whiteley • Appraisal Report from MacSwain Associates Remove Item G.2. Purchase Orders Exceeding $15,000 MOTION: Council Member Molloy MOVED to approve the agenda with the requested modifications to the agenda and additions to the packet 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. Mayor Gabriel 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 1. Johna Beech, Kenai Visitor and Cultural Center — First Quarter 2017 Statistics Report. President and COO of the Kenai Chamber of Commerce, Johna Beech, provided an overview of the Kenai Chamber of Commerce, the Kenai Visitor and Cultural Center, and the visitor center's statistics for the first quarter of 2017. 2. U.S. Army Corps of Engineers — Alaska District — Kenai Bluffs Bank Stabilization Project. Ronnie Barcak and Jan Deick provided an overview of the history of and the feasibility study for the Kenai Bluffs Bank Stabilization Project. C. UNSCHEDULED PUBLIC COMMENTS Justin Post explained complications with signage for his business near the Right -of -Way to the Kenai Spur Highway and had been advised by State of Alaska, Department of Transportation that he needed to remove signs; further explained the Right -of -Way went to the edge of the building. Pamela Papasodora, another tenant in the commercial building, agreed that the inability to have signs was a problem. Vivian Swanson, manager of the the property, added that another new business recently left because they couldn't have a sign by the road and couldn't afford to be there without the signs. D. PUBLIC HEARINGS 1. Ordinance No. 2968-2017 —Appropriating General Fund Balance Funds into General Fund Land Administration -Lands Fund for the Purchase by the City of Kenai's General Fund of Airport Property Outside the Airport Reserve Constituting Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4, Section 33,T6N, R11W, 5, 2017 Future Use Of the Property to Parks and Recreational Uses to be Retained by the City for a Public Purpose. [Clerk's Note: This item was postponed to this meeting from the June 21 meeting for a second public hearing and Airport Commission review and recommendation on July 13. A motion to enact is on the floor.] Clarification was provided regarding the appraisals having been done with the property zoned as Conservation. Mayor Gabriel opened the public hearing Michael Christian expressed concern with the time it would take for the Airport Commission to weigh in and with the notification postcards not being mailed; also suggested the City should know what kind of contamination was in the property from the fire training operations. Greg Daniels spoke in favor of the ordinance noting retention of the beautiful piece of property added to residents' quality of life and was appreciated by the visitors. Pointed out that Kenai was a two-time All -America City winner and that beauty was a factor in that award. Barb Christian spoke in favor of the ordinance noting she was surprised by all the facets involved such as contamination and water and sewer services; hoped a solution could be found to keep the property as a buffer. Vivian Harriet spoke in favor of the ordinance noting she traveled down Lawton Drive often and loved the trees, flowers, and homes in the area and would rather see the beauty than commercial businesses. Lucy Barton spoke in favor of the ordinance noting she had retired to Kenai because of the beauty. Pete Hanson spoke in favor of the ordinance noting the many people in the neighborhood that walked their dogs around the property; also noted the property provided a great space for wildlife. Rex spoke in favor of the ordinance noting it was near school zones and suggested the area becoming commercial would negatively impact the area by adding traffic in school zones. Melissa Frates spoke in favor of the ordinance noting it was prudent to keep residential areas away from the commercial areas for aesthetics; wondered why the property wasn't appraised as commercial; appreciated that it was zoned conservation. Sue Rask pointed out the many vacant lots that were available for commercial property and asked that the beautiful property be retained. There being no one else wishing to be heard, public comment was closed. Clarification was provided that the purchase wouldn't violate the fund balance policy. Administration was asked to evaluate the expenditure and how it would affect future capital expenditures. It was noted that consideration had to be given to ensure the best expenditure of money; how to best manage the funds, and the need to be fair and equitable utilizing public money. City of Kenai Council Meeting Page 3 of 10 July 5, 2017 Administration clarified that the property appraised with conservation zoning lowered the value of the property but not significantly because of the Conditional Use Permit process that allowed for some uses; also clarified that a rezone would be necessary to be considered commercial property but given past attempts to rezone to commercial had been overturned by referendum, it likely wouldn't be feasible. Administration also pointed out that it was likely that the FAA wouldn't have an issue with the property being sold as conservation or with the City taking interests above the airport's. MOTION TO POSTPONE: Council Member Glendening MOVED to postpone to August 2 for a third public hearing and to be reviewed by the Airport Commission and Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. [Clerk's Note: Council Member Glendening left the meeting at 8:45 pm.] Ordinance No. 2969-2017 — Amending Kenai Municipal Code Title 24 — Municipal Cemetery, to Update Procedures for Development of Cemetery Regulations and Opening and Closing of Graves, and to Provide Regulations in the Cemetery Regulations Appendix for Columbarium Niches, Marker or Headstone Deposits, and Other Housekeeping Changes. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2969-2017 and the motion was SECONDED by Council Member Knackstedt. Mayor Gabriel 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 the last sentence of Section 3 to read, "Opening and closing of graves shall be conducted by an approved licensed and insured contractor only," and the motion was SECONDED by Council Member Navarre. It was suggested the addition of an approval process may complicate the issue. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone to the August 2 meeting for input from legal and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. VOTE ON POSTPONEMENT: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 4 of 10 July 5, 2017 3. Ordinance No. 2970-2017 — Increasing Fiscal Year 2017, General Fund, Airport Fund, Water & Sewer Fund, Personal Use Fishery Fund, and Congregate Housing Fund Estimated Revenues And Appropriations For The Transfer Of Funds To Establish The New Employee Health Care Internal Service Fund Which Shall Be Utilized For Administering Employee Health Care Beginning In Fiscal Year 2018, July 1, 2017. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2970-2017 and the motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. The Finance Director was thanked for his work and it was recognized that the fund would provide a long term benefit to the employees. Administration clarified that the establishment of the fund was retroactive to FY17. VOTE: YEA: Knackstedt, Gabriel, Pettey, Navarre, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2017-42 — Authorizing Extension of a Professional Services Agreement With BDO USA, LLP for Completion of the City's Fiscal Year 2017 Annual Financial Statement Audit. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2017-42 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 5. Resolution No. 2017-43 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Cemetery Fees. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-43. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. City of Kenai Council Meeting Page 5 of 10 July 5, 2017 Unanimous consent was objected due to its tie in to the associated ordinance which was postponed. MOTION: Council Member Molloy MOVED to postpone to the August 2 meeting and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There was no objection; SO ORDERED. Resolution No. 2017-44 — Authorizing the Purchase of Real Property Described as Lot 4, Block 20, Original Townsite of Kenai, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, from Mew Trust, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will not be Served by an Appraisal. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2017-44 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 7. Resolution No. 2017-45 — Consenting to a Renewal of Lease of Certain Airport Lands within the Airport Reserve between the City Of Kenai, Lessor, and Dewayne Benton, Lessee, on Property Described as Lot 3, Block 4, General Aviation Apron Number One. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-45. The motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was pointed out that the lease rate was to be amended in three years per code. VOTE: There was no objection; SO ORDERED. 8. Resolution No. 2017-46 — Awarding an Agreement to Peninsula Pumping, Inc. for Providing and Servicing Portable Restrooms and Dumpsters on the North and South Kenai Beaches, Including Portable Restrooms at the City Dock, During the 2017 Personal Use Fishery. MOTION: Council Member Navarre MOVED to approve Resolution No. 2017-46 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. City of Kenai Council Meeting Page 6 of 10 July 5, 2017 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Administration clarified that the price was very similar to the previous year. VOTE: There was no objection; SO ORDERED. 9. Resolution No. 2017-47 — Awarding an Agreement to Alaska Waste — Kenai Division, LLC for Providing and Servicing Road Accessible Dumpsters at the End of South Spruce Street, Kenai Little League Parking Lot and Kenai City Dock during the 2017 Personal Use Fishery. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-47 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Navarre. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. E. MINUTES 1.*Regular Meeting of June 21, 2017 Meeting minutes approved by the consent agenda. 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. [Clerk's Note: This item was removed from the Agenda during Approval of the Agenda.] 3. *Ordinance No. 2971-2017 — Amending Kenai Municipal Code Section 1.15.060 Motions, to Provide for Deferring a Motion or Agenda Item Beyond the Next Meeting. Introduced by the consent agenda and public hearing set for August 2, 2017. 4. *Ordinance No. 2972-2017 — Appropriating Funds in the Airport Fund, Accepting a Grant from the Federal Aviation Administration and Appropriating Funds in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment (SRE) — Loader with Attachments and a Multi -Purpose Broom. City of Kenai Council Meeting Page 7 of 10 July 5, 2017 Introduced by the consent agenda and public hearing set for August 2, 2017. 5. Action/Approval — Special Use Permit for Jennifer Ellis for Conducting Outdoor Zumba Classes at the Softball Green Strip. MOTION: Council Member Molloy MOVED to approve a Special Use Permit for Jennifer Ellis for Conducting Outdoor Zumba Classes at the Softball Green Strip and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. It was clarified a Special Use Permit was required when a business was using City property and collecting fees. The airport manager had no objection to the use of the property. VOTE: There being no objection; SO ORDERED. 6. Action/Approval — Authorization to Extend a Facility Management Services Agreement at the Kenai Recreational Center Facility. MOTION: Council Member Navarre MOVED to Authorize the extension of a Facility Management Services Agreement at the Kenai Recreational Center Facility and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There being no objection; SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — No report; Next meeting July 13. 2. Airport Commission — No report; next meeting July 13. 3. Harbor Commission — No report; Next meeting July 10. 4. Parks and Recreation Commission — No report; next meeting August 3. 5. Planning and Zoning Commission — It was reported that the Commission approved two Conditional Use Permits; next meeting July 12. 6. Beautification Committee — It was reported that the opening of the Pathway of Poetry was a well attended event; next meeting September 12. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: City of Kenai Council Meeting Page 8 of 10 July 5, 2017 Attended the funeral mass and celebration of life for former City Manager Rick Koch; Governor also attended; Participated in the Fourth of July parade; was glad to see the restored fire truck also in the parade; Congratulated Allie Ostrander on her Mount Marathon run. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: Administration reviewed Mr. Normandy's request for handicapped access to the dipnet fishery; reported there was ample opportunity to access the fishery with a 4 -wheeler everywhere except where Mr. Normandy referenced; • Attended the Henu Community Wellness Court grand opening; reported it was an opportunity for a member of the community to enter an alternative program for drug or alcohol abuse; • Met with AIX Energy regarding an update on production; noted the difficult economic environment; • Met with the Alaska Missions Group with Mayor Gabriel and Vice Mayor Navarre noting the group volunteered for hands on labor; • Provided a reminder of a second meeting regarding the Bluff Erosion Project. 2. City Attorney — No Report. 3. City Clerk — No Report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob Peters noted the City looked great and thanked staff; noted attendance of the Fourth of July parade was largest ever; was hopeful the Bluff Erosion Project continued moving forward. 2. Council Comments Council Member Knackstedt thanked public for attending and commenting; noted Mayor Williams knew a great deal of history on the T-33 aircraft. Council Member Pettey thanked the Parks & Recreation Department staff; encouraged attendance at the Bluff Erosion Project meetings. Vice Mayor Navarre reported Mayor Porter's mother had passed away. L. EXECUTIVE SESSION 1. Review and Discussion of Interview Questions, Interview Dates, and Applications Submitted for the City Clerk Position. [AS 44.62.310(C)(2)(3) a Subject that Tends to Prejudice the Reputation and Character of an Applicant and Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential.] City of Kenai Council Meeting Page 9 of 10 July 5, 2017 MOTION: Council Member Molloy MOVED to convene in executive session to discuss interview questions, interview dates, and applications submitted for the City Clerk position, a subject that tends to prejudice the reputation and character of an applicant and matters which law, municipal charter, or ordinance are required to be confidential per AS 44.62.310(C)(2)(3) and the motion was SECONDED by Council Member Boyle. VOTE: YEA: Gabriel, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and noted they continued their review of candidates, interview questions, and interview dates for the City Clerk position. Named Jamie Heinz and Arlon Jacob Taylor as candidates selected for interview on Friday August 11 beginning at noon subject to being revisited at the August 2 meeting if the candidates needed. Directed the City Manager's office to notify applicants accordingly. Requested an Executive Session on August 2 for the review interview questions and interview dates if there was a conflict with the August 11 date. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:07 p.m. I certify the above represents accurate minutes of the J i Heinz, CMC i A ti City Clerk Kenai City Council meeting of July 5, 2017. City of Kenai Council Meeting Page 10 of 10 July 5, 2017