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Home My WebLink About2017-09-20 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 20, 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 September 20, 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 (absent) A quorum was present. Also in attendance were: Robert Molloy Tim Navarre Glenese Pettey (absent) **Brittany Gilman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the packet: Add to Item F.1. Resolution No. 2017-57 • Amendment Memo Remove Item G.2. Purchase Orders Exceeding $15,000 Add to Item G.S. Assignment of Lease between Kenai Aviation and Schilling Rentals • Informational Memo Add to Item DA. Consent to Sublease between City of Kenai, Schilling Rentals, and Hilcorp Alaska. Informational Memo MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions to the agenda and 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 Larry Persily, Chief of Staff, Kenai Peninsula Borough — Information Regarding the Sales Tax Ballot Proposition on the Kenai Peninsula Borough Ballot. Mike Navarre, Kenai Peninsula Borough Mayor, provided an overview on the Sales Tax Ballot Proposition noting some of the decisions the Assembly made caused the fund balance to be used to balance the budget in FY18 and discussed the history of sales tax and mill rate increases and decreases. Also noted school district funding was the largest portion of the borough budget and the conscious decision to require the borough to find additional revenues and let the school district preserve its fund balance. Additionally, he explained the need for the heating system upgrade in borough building and its associated ballot proposition. C. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS City of Kenai Council Meeting Page 2 of 10 September 20, 2017 1. Ordinance No. 2981-2017 —Amending Kenai Municipal Code, Chapter 1.15— Rules of Order, to Change Gender Specific Language to Gender Neutral, Provide Consistency in the References to the Chair of a Meeting, and Other Housekeeping Changes. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2981-2017 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. VOTE: YEA: Molloy, Knackstedt, Gabriel, Navarre, Glendening NAY: "Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2982-2017 — Amending Kenai Municipal Code Section 7.30.010 — Airport Land Sale Permanent Fund, to Eliminate References to the Airport Enterprise Fund which is No Longer Utilized. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2982-2017 and 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: YEA: Molloy, Knackstedt, Gabriel, Navarre, Glendening NAY: *"Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2983-2017 — Accepting and Appropriating a Donation to the Kenai Parks & Recreation Department for the Purchase of Bleachers. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2983-2017 and the motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing. City of Kenai Council Meeting Page 3 of 10 September 20, 2017 Dick Peck noted the Kenai Rotary Club's involvement in the community and their "Service Above Self," motto. He, along with Elena Breaker and Theresa Mulican, presented a donation check on behalf of the Kenai Rotary Club. There being no one else wishing to be heard, public comment was closed. Clarification was provided that the bleachers identified to be replaced was on Kenai Softball Field #3 and would benefit the high school teams as well as other softball leagues around the state. VOTE: YEA: Molloy, Knackstedt, Gabriel, Navarre, Glendening NAY: "Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2984-2017 — Amending Kenai Municipal Code Section 23.55.060 — Stand -By Pay, to Amend the Rate of Stand -By Pay and Increasing Water & Sewer Fund Estimated Revenues and Appropriations to Provide Standby Pay for Certified Water and Wastewater Operators that was Not Included in the FY2018 Budget. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2984-2017 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. It was clarified that new State of Alaska, Department of Environmental Conservation regulations required the amendment and an overview of the management of the facilities was provided. The City having provided someone on standby for many years without the need to budget additional funds, being on standby restricting what an employee could do outside of regular work hours, the certain degree of competency required for responding to call -outs, water and wastewater staff cross training, ensuring the standby pay in the City was within the range of other municipalities, and the potential penalty for non-compliance being permit revocation were topics discussed. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone to the next meeting and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objections, SO ORDERED. 5. Ordinance No. 2985-2017 — Amending Kenai Municipal Code Section 13.20.035 - Camping, Fires and Other Activities on City Beaches, to Prohibit the Burning of Pallets and Other Wood Materials Containing Metal Fasteners on City Beaches. City of Kenai Council Meeting Page 4 of 10 September 20, 2017 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2985-2017 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. Administration was thanked for putting together the ordinance. Clarification was provided that the ordinance allowed for fines and penalties up to $500 to be recommended and that glass and other refuse was already covered elsewhere in the code. It was suggested that there be a strong public outreach component prior to issuing fines for non- compliance. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone to the next meeting and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2017-60 — Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.090. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-60 and requested UNANIMOUS CONSENT. 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. Unanimous consent was objected to. MOTION TO AMEND: Council Member Molloy MOVED to amend the second section of the resolved statement to remove, "requests authorization from," and replace it with, "is authorized by," and requested UNANIMOUS CONSENT the motion was SECONDED by Council Member Knackstedt. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. Clarification was provided that this authorization was for the current year and future years would require future declarations and authorizations. VOTE: YEA: Molloy, Knackstedt, Gabriel, Navarre, Glendening NAY: City of Kenai Council Meeting Page 5 of 10 September 20, 2017 **Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of September 6, 2017 Meeting minutes approved by the consent agenda. UNFINISHED BUSINESS Resolution No. 2017-57 — Consenting to a Renewal of Lease of Certain Airport Lands within the Airport Reserve Between the City of Kenai, Lessor, and SOAR International Ministries, Inc., Lessee, on Property Described as Lot 2, Block 3, General Aviation Apron Number One. (Clerk's Note: This item was originally on the August 16 meeting agenda where it was postponed to September 6 and was postponed on September 6 to this meeting; a motion to adopt is on the floor.) • Substitute Resolution No. 2017-57 — Consenting to a Second Amendment of Lease of Certain Airport Lands within the Airport Reserve between the City of Kenai, Lessor and SOAR International Ministries, Inc., Lessee, on Real Property Described as Lot 2, Block 3, General Aviation Apron Number One, According to Amended Plat No. 2004-20. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by Substitute Resolution No. 2017-57 and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by inserting the word, "approve," in the fifth whereas clause and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by inserting the word, "approve," in the sixth whereas clause and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: City of Kenai Council Meeting September 20, 2017 There being no objection; SO ORDERED. Page 6 of 10 VOTE ON THE MAIN MOTION: YEA: Molloy, Knackstedt, Gabriel, Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. 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 — Kenai Precinct Election Boards for the October 3, 2017 Election. Approved by the consent agenda. 4. *Ordinance No. 2986-2017 — Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Water and Sewer Capital Project Funds and Authorizing Redirection of Funds Previously Appropriated to the Reservoir Number One Recoating Project to a Project to Replace the Water Main Under the Kenai Spur Highway at Shotgun Drive and Beaver Loop. Introduced by the consent agenda and public hearing set for October 4, 2017. 5. Action/Approval — Consent to Assignment of Lease of Airport Lands or Facilities between Kenai Aviation Leasing Company, LLC., and Schilling Rentals, LLC., on the real property described as Lot 2, Block 2, and Lot 2, Block 4, General Aviation Apron No. 1, according to Amended Plat No. 2004-20. MOTION: Council Member Knackstedt MOVED to approve consent to assignment of lease of airport lands or facilities between Kenai Aviation Leasing Company, LLC., and Schilling Rentals, LLC., on the real property described as Lot 2, Block 2, and Lot 2, Block 4, General Aviation Apron No. 1, according to Amended Plat No. 2004-20 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. VOTE: There being no objection; SO ORDERED. 6. Action/Approval — Consent to a Sublease of Certain Airport Lands within the Airport Reserve between Schilling Rentals, LLC and Hilcorp Alaska, LLC. on the real property described as Lot 11A, FBO Subdivision No. 9, according to Plat No. 2009-54. MOTION: City of Kenai Council Meeting Page 7 of 10 September 20, 2017 Council Member Knackstedt MOVED to approve consent to a sublease of certain airport lands within the Airport Reserve between Schilling Rentals, LLC and Hilcorp Alaska, LLC. on the real property described as Lot 11A, FBO Subdivision No. 9, according to Plat No. 2009-54 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objection; SO ORDERED. 7. Action/Approval — Schedule a Work Session for City Council Training on Navigation and Use of the iLegislate Mobile Device Application. It was decided a work session would be held on 11/01/17 at 5:00 p.m. 8. Action/Approval — Request for Innovative Readiness Training Civil — Military Partnership for the Kenai Bluffs Stabilization Project. MOTION: Council Member Molloy MOVED to approve Request for Innovative Readiness Training Civil — Military Partnership for the Kenai Bluffs Stabilization Project and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. Elena Breaker with Senator Sullivan's office provided an explanation of how the Innovative Readiness Trainings were developed and their benefit to the military and communities. She suggested a training in collaboration with the Bluffs Stabilization Project would be the largest training in the nation and recommended the application be submitted sooner than later so the different military arms could review it and units could be identified for the training. VOTE: There being no objection; SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — It was reported that the next meeting was October 12. 2. Airport Commission —It was reported that the Commission met on September 14 and discussed and approved the sublease, assignment of lease, and renewal of lease that Council had just approved; City Planner M. Kelley was thanked for attending the meeting and explaining the leases; next meeting October 12. 3. Harbor Commission — It was reported that at their September 11 meeting, the Commission discussed the responsibilities of other harbors, a no wake zone at the mouth of the river, and requested paper packets; next meeting October 9. 4. Parks and Recreation Commission — It was reported that there wasn't a quorum for the September meeting; next meeting October 5. 5. Planning and Zoning Commission — It was reported that the Commission approved a plat to vacate a lot line and consolidate lots for the property where the theater was; next meeting September 27. City of Kenai Council Meeting Page 8 of 10 September 20, 2017 J. Beautification Committee — It was reported that there was not a quorum for the September meeting; Fall Festival scheduled for October 14 from 1 p.m. to 3 p.m.; next meeting October 10. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following • Attended the 25th Anniversary Party of Vintage Pointe; • Was the official spinner for the first day of the first Silver Salmon Derby; • Delivered two proclamations, one for KSRM's 501h Anniversary and the other for the Peninsula Food Bank for Hunger Action Month; • Provided a reminder for the Senior Center Director's retirement party; • Noted a police officer was being sworn in on September 29. 1. City Manager — P. Ostrander reported on the following: • Recoating of reservoir one construction was substantially complete; • Noted options were being looked at for donated property to Kenai Performers; • Met with the CEO of Peninsula Community Heath Services and had a conversation about their future plans in the City; • Provided an update on the fencing and signage around the boat at the Visitor Center; • Noted the state had provided the City with an extra $77,000 in community assistance; also noted that revenues came in below FY17 projections, but still added about $100,000 to the fund balance; • Provided an update on the Bluff Erosion Project noting a congressional reprogramming request had been submitted and if it went through quickly, federal funding would dovetail with the pre - design stage; • Clarified wastewater treatment facility upgrades on public works mid -month report; that the City had a redundancy on water reservoirs. 2. City Attorney — No report. 3. City Clerk — City Clerk J. Heinz reported on the following: • Absentee voting began on September 18; • Election on October 3. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) City of Kenai Council Meeting Page 9 of 10 September 20, 2017 Marian Nelson provided a brief update on the designs at the Kenai Fine Arts Center and noted an upcoming auction on September 30. 2. Council Comments Vice Mayor Navarre encouraged participation in the auction benefitting the Kenai Fine Arts Center; expressed gratitude that the delegation had always been supportive of the Bluff Stabilization Project; suggested budgetary savings be set aside for an Assistant City Manager. Council Member Molloy thanked the City Manager for the good financial news and for bringing the innovative training request for consideration. Student Representative Gilman noted it was Homecoming week at Kenai Central High School with a "No Place Like Homecoming," Wizard of Oz theme and provided information on the sporting activities associated. Also reported that the Honor Society was hosting a teddy bear drive for National Teddy Bear Day. Council Member Glendening complimented the city manager on his budget mindfulness. Councilor Knackstedt reported he attended the Vintage Point Anniversary celebration. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:18 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 20, 2017. a ieHeinz, CMC i Clerk "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 September 20, 2017