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HomeMy WebLinkAbout2017-12-06 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING DECEMBER 6, 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 December 6, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 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 Tim Navarre Glenese Pettey "'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 D.2 Resolution No. 2017-68 • Corrected Calendar 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. Election of Vice Mayor MOTION: Council Member Pettey MOVED to nominate Bob Molloy as Vice Mayor and Council Member Boyle SECONDED the motion. MOTION: Council Member Glendening MOVED to nominate Tim Navarre as Vice Mayor and Council Member Knackstedt SECONDED the motion. A secret ballot election took place; City Clerk J. Heinz counted the votes aloud. The results were three votes in favor of Bob Molloy, and four votes in favor of Tim Navarre; Tim Navarre was elected as Vice Mayor. 5. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. It was requested that item GA. be removed from the consent agenda. 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. Joy Merriner with BDO — FY2017 City of Kenai Comprehensive Annual Financial Report by the City's External Auditor. [Clerk's Note: It has been requested to allow 20- 25 minutes to complete this presentation.] Joy Merriner, partner with BDO noted the audit of the City's finances was uneventful and the City was issued a clean, unmodified opinion which was the best possible. She noted there would be post -employment liabilities required to be reported in the upcoming year, and that there was nothing to report with internal controls which was a testament to the City's policies and its staff. It was further noted that federal procurement standards were changing in 2018 and may require policy changes. City of Kenai Council Meeting Page 2 of 12 December 6, 2017 2. Johna Beech — President/COO, Kenai Chamber of Commerce — Third Quarter Statistical Report. Johna Beech, President/COO of the Kenai Chamber of Commerce, expressed gratitude for the City's participation in their "Christmas Comes to Kenai" event; provided an overview of the third quarter Visitor Center statistics noting the number of visitors into the center, guides provided, and facility usage; also revealed the cover for the 2018 Visitor Guide. C. UNSCHEDULED PUBLIC COMMENTS Tim Dillon provided the agenda for the Industry Outlook Forum and encouraged all to attend. D. PUBLIC HEARINGS 1. Ordinance No. 2991-2017 — Amending Various Sections of KMC Title 23 -Personnel Regulations, to Provide for'Seasonal Employees' which are Not Currently Addressed in the Kenai Municipal Code. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2991-2017 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. Clarification was provided that this was a new category of employee for staff that work for two departments depending on the season and this provided more stability and rehire rights for employees. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: "Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2017-68 — Establishing the 2018 Dates for Regular Meetings of the City Council. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-68 and 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. City of Kenai Council Meeting Page 3 of 12 December 6, 2017 Explanation was provided that the calendar was discussed at a department head meeting where input was obtained for preparing the calendar; a December meeting was added back to the calendar because it preceded the Christmas holiday enough to not interfere and having two months in a row with only one meeting made planning difficult for staff. It was noted the second meeting in December had been cancelled for holiday vacations; also suggested the calendar had only been used for a year and problems were being anticipated. Gratitude was expressed for the concern for the business of the City going on in July, November and December. It was noted the calendar that was provided was not being adopted, that it was intended for informational purposes; the resolution itself was being adopted. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: "Student Representative Gilman: YEA [Clerk's Note: Student Representative Gilman was excused from the meeting at 7:09 p.m.] 3. Resolution No. 2017-69 — Adopting an Alternative Allocation Method for the FY18 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2017-69 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 being no objections, SO ORDERED. 4. Resolution No. 2017-70 —Approving a Memorandum of Understanding Between the Third Operations Support Squadron (3 OSS) and the City of Kenai for Installation of Webcams at the Kenai Municipal Airport. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-70 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. Appreciation was expressed to the Airport Manager, FAA, and US Air Force for the collaboration. City of Kenai Council Meeting December 6, 2017 VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2017-71 — Authorizing a Budget Transfer Within the General Fund — Streets Department for Rent of Warehouse Space in Lieu of Adding Salt to Road Sand for Winter Ice Control. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-71 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. It was clarified that the space being utilized had been utilized seasonally in the past for sand and the intention was to be out of the unit once the department was done sanding for the winter; the Public Works Director was thanked for his explanation. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2017-72 — Authorizing the Purchase of Real Property Described as Lot Four (4), Block Five (5), East Addition Town Site of Kenai, and Designated as Kenai Peninsula Borough Parcel Number 047-115-02, from Larry E. Marsh and Carol J. Marsh, 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 Knackstedt MOVED to adopt Resolution No. 2017-72 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. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.`Regular Meeting of November 1, 2017 Meeting minutes approved by the consent agenda. 2.'Work Session of November 1, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS — None. G. NEW BUSINESS City of Kenai Council Meeting Page 5 of 12 December 6, 2017 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. *Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 - Mandatory Connections and Abandonment of Old On -Site Sewer Systems, for 2737 Iliamna Road. Introduced by the consent agenda and public hearing set for January 3, 2018. 4. *Ordinance No. 2993-2017 - Amending Kenai Municipal Code Chapter 14.25- Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Material and Housekeeping Changes. [Clerk's Note: This item was removed from the Consent Agenda during approval of the Consent Agenda.] MOTION: Council Member Molloy MOVED to introduce Ordinance No. 2993-2017 and set a public hearing for January 3, 2018 and Council Member Boyle SECONDED the motion. Mayor Gabriel opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. It was suggested that Ordinance No. 2960-2017 accomplished the restrictions that were wanted; that the new ordinance repealed everything in the first ordinance, was not pro -development, and didn't attract new business. It was noted that new ordinance underwent an extensive process seeking comments from committees and commissions, which were reviewed, and some comments added; also noted that it was a step forward on a goal listed in the Comprehensive Plan. Suggestion was made that the intent at the time the first ordinance was adopted was to address the situation for the construction season with the knowledge that a broader ordinance was coming forth. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Pettey, NAY: Navarre, Glendening MOTION PASSED. City of Kenai Council Meeting Page 6 of 12 December 6, 2017 5. *Ordinance No. 2994-2017 — Increasing Estimated Revenues and Appropriations in the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the Meals -on -Wheels Program from Subaru of America, Inc. and Meals on Wheels Association of America. Introduced by the consent agenda and public hearing set for January 3, 2018. [Clerk's Note: Vice Mayor Navarre was excused from the meeting at 7:49 p.m.] 6. Action/Approval — Second Extension to Facility Management Agreement with the Kenai Chamber of Commerce and Visitor Center. MOTION: Council Member Molloy MOVED to approve the Second Extension to Facility Management Agreement with the Kenai Chamber of Commerce and Visitor Center and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There being no objections, SO ORDERED. 7. Action/Approval — Mayoral Appointment to Committees and Commissions. MOTION: Council Member Knackstedt MOVED to confirm the nomination for reappointment of Paul Minelga to the Airport Commission, Branda Madrid and Shelly Peterson to the Beautification Committee, Al Weeks to the Council on Aging, Mike Dunn to the Harbor Commission, and Grant Wisniewski to the Parks and Recreation Commission, and to confirm the nomination for appointment of Kaye Reed to the Beautification Committee, Don Erwin to the Council on Aging, and Kaye Reed to the Mini -Grant Steering Committee. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 8. Action/Approval — Mayoral Nomination of Victoria Askin for Re -Appointment to the Planning and Zoning Commission. MOTION: Council Member Glendening MOVED to confirm the nomination of Victoria Askin to the Planning & Zoning Commission. The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 9. Action/Approval — Mayoral Appointment of Council Liaisons to Committees and Commissions. MOTION: City of Kenai Council Meeting Page 7 of 12 December 6, 2017 Council Member Knackstedt MOVED to confirm liaison nominations as presented and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objections, SO ORDERED. 10. Action/Approval — First Amendment to Kenai Municipal Airport Vending Machine Concession Agreement. MOTION: Council Member Knackstedt MOVED to approve the first amendment to the Kenai Municipal Airport Vending Machine Concession Agreement to Tyler Distributing Company, Inc. and requested UNANIMOUS CONSENT. The motion was SECONDED by Councilor Molloy. VOTE: There being no objections, SO ORDERED. 11. Action/Approval — Set a Board of Adjustment Hearing Date. Clarification was provided on the dates that needed to be met and that a finding was needed in the case the determination was made that travel dates of the Mayor and City Planner was good cause to extend beyond 45 days to consider meeting within 60 days. It was decided a Board of Adjustment hearing would be held on January 16, 2018 at 6:00 p.m. MOTION: Council Member Molloy MOVED to make a finding of good cause that the body was unable to schedule the hearing in the 45 -day timeframe due to the schedule of the City Planner who would be presenting for the Planning & Zoning Commission and Administration and requested UNANIMOUS CONSENT. The motion was SECONDED by Councilor Knackstedt. VOTE: There being no objections, SO ORDERED. A reminder was provided that the matter was adjudicatory in nature and the members should refrain from communicating with the applicant and the public in that regard. 12. Discussion — Land Sale and Leasing Policies and Procedures. Clarification was provided that initially, legislation would be coming forth to amend policies and procedures on airport property only followed by introduction of off -airport policies and procedures. Clarification was also provided on the rationale for determining selling prices in recent history. Appreciation was expressed for the work done, specifically the presentation by the Assistant to the City Manager, C. Cunningham. 13. Discussion — Non -Federal Sponsors Self Certification of Financial Capabilities for Decision Document. City of Kenai Council Meeting Page 8 of 12 December 6, 2017 Clarification was provided that, as a part of the bluff stabilization feasibility study report and submittal to the Corps of Engineers headquarters, the Self Certification of Financial Capabilities Document was required. It was noted that the City has the capability of making the match requirement and will be pursuing in-kind and grant options available as well to prevent use of the General Fund as much as possible. 14. Discussion — Dipnet Report. It was noted that because of efforts over the years, operations from the manager's standpoint was quite easy; the fish were running later; the no -wake zone operated well; the dipnet app provided real time feedback; administration intended to make a slight adjustment to the "no parking" area to alleviate dipnet and commercial fishing parking issues. It was also noted that administration was looking to modify the grant so proceeds from the sale of the adjacent property could be used on both North and South beaches. It was further noted that the fund balance had grown to a level that provided enough of a safeguard to offset operating expenses in case the state closed the fishery early and future revenues from the fishery could support the General Fund, and the Fire Department planned for a boat safety course. It was suggested that changes be made for vendors during the fishery. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging —It was noted the meeting summary was in the packet; next meeting January 11. 2. Airport Commission —It was reported that at the November 9 meeting, the Commission discussed signage for the Field of Flowers and the informational memo on construction of Willow Street was appreciated; discussed and recommended approval of a vending machine concession; December meeting cancelled; next meeting January 11. 3. Harbor Commission —It was reported that at the November 6 meeting the Commission continued discussion of defining their roles and responsibilities; next meeting December 11. 4. Parks and Recreation Commission — It was reported that at their November 2 meeting the Commission discussed extending the little library program, reviewed new wildlife interpretive displays for the Wildlife Viewing Platform, and discussed a pallet burning design concept; next meeting December 7. 5. Planning and Zoning Commission — It was reported that at the November 8 meeting the Commission approved a home occupation permit; and denied a Conditional Use Permit for a Retail Marijuana Store, which had been appealed and a Board of Adjustment Hearing set; next meeting December 13. 6. Beautification Committee — No report; next meeting January 9 7. Mini -Grant Steering Committee — No report. City of Kenai Council Meeting Page 9 of 12 December 6, 2017 REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended Keith Kornelis' memorial; • Attended Alaska Municipal League conferences where the opioid epidemic and state budget were main topics; • Took his grandkids to the Christmas Comes to Kenai event; • Co -hosted Coffee with the Mayor with the City Manager and appreciated the information the manager provided; noted the event would be moving to quarterly or bi-annual events; • Attended the Kenai Historical Society luncheon where the Kenai Chamber Choir performed; • Thanked the Kenai Senior Center and Mountain View Elementary School for the cookies; • Wished everyone a Merry Christmas. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Was in ongoing discussions with Ron Hyde regarding property uses for the rest of his property; • Noted the Land Sale Leasing Policies and Procedures team members and expressed pride in the work and input provided; • Generator at the Senior Center was put on hold as there were things to consider before pursuing further; • Senior Center Atrium project looked great; • Attended Alaska Municipal Manager's Association conferences where there was networking with other managers; noted he was thankful for Kenai and its financial position; • A working group was defining the airport terminal project to maximize dollars on that project; • Met with the State Park representative regarding the next Silver Salmon Derby; • Soldotna and Kenai Public Works departments held a joint meeting for idea sharing; • Appreciated approval for the increase to CH2MHill purchase order for the design on the Wastewater Treatment Plant; getting back to increasing efficiencies; • The Corps of Engineers Director's Report on the Bluff Erosion Project was still set for 04/30/18; • Finance Director reported that for the first time in some time sales tax revenues had increased in the third quarter. 2. City Attorney — No report. 3. City Clerk — City Clerk J. Heinz reported on the following: • Committees/Commissions will be electing their chairs and vice chairs in January; City of Kenai Council Meeting Page 10 of 12 December 6, 2017 • Attended Alaska Association of Municipal Clerks conference and attended sessions on records management, a marijuana forum, and heard an update from the State Division of Elections on future plans for elections. • The first record shred in several years was taking place this month. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Pettey thanked the City for the opportunity to attend the Alaska Municipal League conferences for training; noted it had been an honor to serve on the Harbor Commission. Council Member Glendening echoed gratitude to the City for the opportunity to attend the Alaska Municipal League; also attended Coffee with the Mayor. Council Member Molloy attended the Alaska Municipal Attorney Association where he heard from city attorneys and participated in discussions on recall elections as they pertained to the legal aspect of the first amendment, coastal river erosion, marijuana discussions, and a presentation on ethics in criminal investigations on elected officials. Councilor Knackstedt noted he also attended Alaska Municipal League where there was good discussion and networking with other communities; reported that Vice Mayor Navarre had been elected to Second Vice President and Lisa Parker to the regional Director seat. L. EXECUTIVE SESSION 1. Action/Approval - Settlement of Water and Sewer Fees with Habitat for Humanity, 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 Pursuant to AS 44.62.310(c)(1)(3). MOTION: Council Member Molloy MOVED to enter into executive session to discuss a settlement of water and sewer fees with Habitat for Humanity, 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 requested the attendance of the City Manager. Councilor Boyle SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Pettey, Glendening NAY: City of Kenai Council Meeting December 6, 2017 MOTION PASSED UNANIMOUSLY. Council reconvened in open session and Council Member Molloy reported that in Executive Session, Council provided direction to the City Attorney and City Manager regarding a settlement for Habitat for Humanity water and sewer fees. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:33 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 6, 2017. oF. 0 ^ a ie Heinz, CM Cit Clerk ONZ ED "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 12 of 12 December 6, 2017