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HomeMy WebLinkAbout2018-05-02 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING MAY 2, 2018-6:00 P.M. A. CALL TO ORDER KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A Regular Meeting of the Kenai City Council was held on May 2, 2018, 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 Glenese Pettey (absent) A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Robert Molloy Tim Navarre Mike Boyle Mayor Gabriel noted the following modifications to the packet: Add to Item G.7. Wake Zone Signage Discussion • Sign Layout • Cost Estimates • Proposed Sign Placement Map MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions 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 Molloy 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 cons idered 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 -None. C. UNSCHEDULED PUBLIC COMMENTS Kenai Peninsula Borough Assembly Member Brent Hibbert provided an update on the May 1 Borough Assembly Meeting noting school budget and the upcoming budget process were topics of discussion. Ryan Tunseth thanked Council for its non-objection to the issuance of his Marijuana Retail Store license ; will be before Marijuana Control Board on May 7. He also spoke in favor of the Recreation Center noting it was an important part of the community and encouraged doing wha tever needed to be done to preserve it or create the next recreation center in Kenai. D. PUBLIC HEARINGS 1. Ordinance No. 3015-2018 -Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant From the United States Department of Agriculture Forest Service Passed Through the State of Alas ka Division of Forestry for the Purchase of Forestry Firefighting Equipment. MOTION: Council Member Molloy MOVED to enact Ordinance 3015-2018 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing ; there being no one wishing to be heard , public comment was closed . Clarification was provided that there were no sign ificant strings attached to accepting the grant. VOTE : City of Ke na i Council Meetin g May 2, 20 18 Page 2 of 11 YEA: Molloy , Boyle, Gabriel, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3016-2018 -Increasing Estimated Revenues and Appropriations by $4,434.88 in the General Fund -Police Department for State Traffic Grant Overtime Expenditures. MOTION: Council Member Knackstedt MOVED to enact Ordinance 3016-2018 and Council Member Glendening SECONDED the motion . Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed . VOTE: YEA: Molloy, Boyle, Gabriel, Navarre , Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. MOTION: 3. Ordinance No. 3017-2018 -Accepting Drug Seizure Funds Forfeited to the City in the Amount of $4, 709.63 and Appropriating the Funds for the Purchase of Police Department Small Tools . Council Member Molloy MOVED to enact Ordinance 3017-2018 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one w ishing to be heard, public comment was closed. VOTE: YEA: Molloy, Boyle, Gabriel , Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. MOTION: City of Kenai Council Meeting May 2, 2018 4 . Ordinance No. 3018-2018 -Amending Kenai Municipal Code Title 23-Personnel Regulations , to Create a New Class of Employees Defined as "Department Head Serv ice " that Includes Employees who Work at Will and are Compensated within A Salary Range Approved by the Council , and Making other Housekeeping Changes . Page 3 of 11 Vice Mayor Navarre MOVED to enact Ordinance 3018-2018 and Council Member Glendening SECONDED the motion . Mayor Gabriel opened the public hearing; there being no one wishing to be heard , public comment was closed . Clarification was provided that the biggest change was the employees in this service would be at- will and a salary range matrix was provided which would give the City Manager some needed tools and flexibility. It was suggested the City would save money and opportunities for employees would be enhanced . Concern was expressed for the lack of protection of due process . There was discussion regarding the attorney review in section 23.10.035 (b) being to ensure a dismissal was not for an illegal reason; at-will employment being reasonable for the manager of a department; at-will employment being typical in public sector; a majority of municipalities the size of the City of Kenai or larger in Alaska had at-will department heads . It was suggested there be a next step if the manager and attorney didn 't agree in section 23 .10.035 (b). Clarification was provided that, even currently, the attorney doesn't have the ability to prohibit the firing of someone even if for cause . It was noted there was implied pressure from the Council in their being cognizant of how the manager was managing; confidence in the manager to manage staff and this ord inance . It was further noted the manager is held to high professional standards and he should expect the same from his staff. MOTION: Council Member Molloy MOVED to postpone to the May 16 meeting and Council Member Boyle SECONDED the motion. It was suggested that any members wanting to bring forth amendments to what was proposed in section 23.10.035 (b) should work with the attorney. VOT E: YEA: Molloy, Boyle , Gabriel , Navarre, Glendening , Knackstedt NAY: MOTION PASSED UNANIMOUSLY. MOTION: 5. Ordinance No. 3019-2018-Increasing Estimated Revenues and Appropriation in the General and Municipal Roadway Improvements Capital Project Funds and Awarding a Contract to Complete The Ryan 's Creek Outfall Repair Project to Foster Construction, Inc. Council Member Knackstedt MOVED to enact Ordinance 3019-2018 and Counc il Member Glendening SECONDED the motion . City of Kenai C ounci l Meeting May 2 , 20 18 Pa ge 4 of 1 1 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided that the bid amount had been discussed with the bidder and administration was comfortable that the bidder was capable of doing the project; it was felt the project could be accomplished with minimal change orders. VOTE: YEA: Molloy, Boyle, Gabriel , Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. MOTION: 6 . Ordinance No. 3020-2018 -Increasing Estimated Revenues and Appropriations in the Water & Sewer Special Revenue and Water & Sewer Improvements Capital Project Funds and Authorizing a Change Order to the Contract with the State of Alaska Department of Transportation for the Project Entitled "Spur Highway Water Main Replacement -Spur Highway and Shotgun Drive" Vice Mayor Navarre MOVED to enact Ordinance 3020-2018 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. The process used to solicit the project was discussed . VOTE: YEA: Molloy, Boyle, Gabriel, Navarre, Glendening , Knackstedt NAY: MOTION PASSED UNANIMOUSLY. MOTION: 7 . Resolution No. 2018-18 -Awarding a Contract for External Audit Services to BOO USA, LLP. Vice Mayor Navarre MOVED to adopt Resolution No. 2018-18 and Council Member Boyle SECONDED the motion . Mayor Gabriel opened the public hearing ; there being no one w ishing to be heard , publ ic comment was closed . An overview of the scoring matrix and the difference in the Request for Proposa l process versus the Invitation to Bid process was provided . It was pointed out that the City was look ing for the best value , not necessarily the cheapest option and also that local preference was not provided City of K enai Council Meeting May 2 , 2018 Page 5 of11 for in code for the Requests for Proposal process , only the Invitation to Bid process. Clarification was provided that the team that ranked the proposals for audit services were all staff members. Additional clarification was provided that the auditors annually review and express their opinion on the City 's procurement practices and internal controls to ensure they fell in with generally accepted financial practice . It was noted that financial practices in Kenai Municipal Code were also reviewed annually for compliance with federal and state laws. It was pointed out that the proposals were submitted based on the three-year term that was advertised and a contract was negotiated as provided for by code; it was unknown whether either of the proposers would sign a one-year contract for the price they proposed for a three-year contract. Clarification was provided that the scoring matrix was prov ided to the proposers in the advertised request for proposal and that the scoring sheets would become public information after the contract award . Timing of the proposal and the City's options in three years was discussed . MOTION TO AMEND: Vice Mayor Navarre MOVED to amend section 1 of the resolved statement to read , "That the City Manager is authorized to execute a contract for the City's external audit services to the highest ranking proposer, BOO USA, LLP for a period of one-year," and Council Member Glendening SECONDED the motion. It was pointed out that staff followed the provisions in code which provided a process with integrity asking proposers to submit a proposal in good faith; credibility needed to be maintained. Suggestion was made to award the contract and review the process in the mean t ime and consider a future code amendment to allow for local preference when soliciting professional services. VOTE ON THE AMENDMENT: YEA: Navarre , Glendening NAY: Gabriel , Boyle, Knackstedt, Molloy MOTION FAILED. It was pointed out that the City 's previous contract was with the local firm , Mikunda-Cottrell , which was bought out by BOO USA, LLP during the life of the contract. The small number of auditing firms in Alaska that did municipal audits and the possibil ity that difficulty in compet ing with a worldwide company discouraged a larger field of firms from submitting proposals was discussed . MOTION TO AMEND: Vice Mayor Navarre MOVED to amend section 1 of the resolved statement to read , "That the City Manager is autho rized to execute a contract for the City 's external audit services to the highest City of Kenai Co un cil Meeti ng May 2, 20 18 Pa ge 6of 11 ranking proposer, BOO USA, LLP for a period of three-years," and Council Member Glendening SECONDED the motion . VOTE ON THE AMENDMENT: YEA: Navarre, Glendening, Gabriel, Molloy NAY: Boyle, Knackstedt MOTION PASSED. VOTE ON THE MAIN MOTION AS AMENDED : YEA: Molloy, Boyle, Gabriel , Navarre , Glendening , Knackstedt NAY: MOTION PASSED UNANIMOUSLY. MOTION: 8. Resolution No . 2018-19 -Amending Policy No. 2016-01 , Procedures for Commissions, Committees and Council on Aging -to Provide for Recording Planning and Zoning Commission Work Sessions and Joint Work Sessions between Commissions, Committees, and/or Council on Aging . Council Member Molloy MOVED to adopt Resolution No. 2018-19 and Council Member Boyle SECONDED the motion . Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided that only the work sessions of Planning & Zoning meetings and joint commission work sessions were what was being added to the recording requirements. It was suggested that work sessions are informal discussions and no voting takes place; there was a perception that people , even the public , felt more apt to discuss issues when not being recorded. Concern was expressed for things being taken out of context. VOTE: YEA: Molloy, Boyle, Gabriel NAY: Navarre, Glendening, Knackstedt MOTION FAILED. MOTION: City of Kenai Council Meeting May 2, 2018 9. Resolution No. 20 18-20 -Consenting to an Amendment Extending the Timeframe for Legacy Electric, LLC, Lessee, to Complete Improvements as set Forth in the Original Lease of Airport Reserve Lands . Page 7 of 11 Council Member Molloy MOVED to adopt Resolution No. 2018-20 and Council Member Glendening SECONDED the motion . UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing ; there being no one wishing to be heard, public comment was closed . VOTE: There be ing no objection; SO ORDERED E. MINUTES 1.*Regular Meeting of April 18 , 2018 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. Approved by the consent agenda . 3. *Action/Approval -Non-Objection to New Commercial Retail Marijuana Store for: • Cook Inlet Cannabis Company D/B/A East Rip -License No . 13382 Approved by the consent agenda . 4. *Ordinance No. 3021-2018 -Determining that Tract C Dragseth Subdivision -2017 Addition, Located within the East Y2 Section 7, Township 5 North, Range 11 West, Seward Meridian, City of Kenai , Kenai Recording District, Kenai Peninsula Borough, Alaska is Not Needed for a Public Purpose and Approving a Sale of the Property for its Appraised Value to Ron Hyde . (Administration) Introduced by the consent agenda and public hearing set for May 16 , 2018. 5. Action/Approval -Authorize the Creation of a Sub-Committee of the Harbor Commission for the Purpose of Determining the Roles and Responsib ilities of the Commiss ion . MOTION: Council Member Molloy MOVED to authorize the creation of a sub-committee of the harbor commission for the purpose of determin ing the roles and responsibilities of the commission. Council Member Boyle SECONDED the motion. UNANIMOUS CONSENT was requested . It was noted that the subcommittee would be a positive approach and working with the new Public Works director would dovetail nicely. City of Kenai Council Meeting May 2, 2018 Page 8of11 The sub-committee's liaison , purpose , members , and timeframe were discussed . It was noted Council Member Glendening had offered to be liaison to the sub-committee and Mayor Gabriel nominated him . VOTE: There being no objection; SO ORDERED. MOTION: Council Member Molloy MOVED to appoint Commissioners DuPerron , Dunn, and Crandall to the sub-committee and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion . VOTE: There being no objection; SO ORDERED. MOTION : Council Member Molloy MOVED to set the term of the sub-committee to end on December 31, 2018 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE : There being no objection; SO ORDERED. MOTION: Council Member Molloy MOVED to confirm the mayor's nomination of Council Member Glendening to be the sub-committee's liaison and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objection; SO ORDERED. 6. Action/Approval -Approving a Special Use Permit to Kenai Rotary for Use of the Multi-Purpose Facility for the Kenai Rotary Soap Box Derby. MOTION : Council Member Molloy MOVED to approve a special use permit to Kenai Rotary for use of the multi-purpose facility for the Kenai Rotary Soap Box Derby and Council Member Boyle SECONDED the motion . UNANIMOUS CONSENT was requested . VOTE: There being no objection; SO ORDERED. 7 . Discussion -Wake Zone Signage at the Mouth of the Kenai River. It was pointed out that administration 's understanding of the Harbor Commission 's request was to keep boaters mindful of keeping their wake minimal ; proposing "Be Safe ; Minimize Your Wake" as permanent signs. It was felt the proposed signage would be a good start and boaters would be mindful. City of Kenai Council Meeting Ma y 2, 201 8 Page 9 of 11 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -No report; next meeting May 10. 2 . Airport Commission -No report; next meeting May 10 . 3. Harbor Commission -No report; next meeting May 7. 4. Parks and Recreation Commission -No report; Next meeting May 3. 5. Planning and Zoning Commission -It was reported that on April 25, the Commission approved a plat for a Right-of-Way vacation and approved a Conditional Use Permit to build a 6-Plex for senior housing; next meeting May 9. 6. Beautification Committee -No report; next meeting May 8. 7. Mini-Grant Steering Committee -No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following : • Attended the Volunteer Appreciation Dinner for the City 's commission members and thanked the Clerk's Office for the work they did putting it together; • Attended Samurai Sam's grand opening ; • Sam Cotton, Commissioner of Alaska Department of Fish and Game asked him to attend an informal meeting of stakeholders from the Cook Inlet area regarding a framework for creating a less hostile atmosphere surrounding the Board of Fisheries. J. ADMINISTRATION REPORTS 1. City Manager -P. Ostrander reported on the following: • Participated as a Caring for the Kenai judge; noted the sixth place winner had a concept for a magnetic beach sweeper and had discussions with him; • Met with the Eagle Cam bloggers at the Eagle Cam location for future content; • Tasked the Planning Department with reviewing the City's sign code; • The Washington D.C. delegation was fully engaged with authorizing the extension for the Bluff Stabilization Project; • Provided an update on the upcoming Kenai Peninsula Borough work session . 2. City Attorney -Reported he was preparing an informational memo regarding sales tax on internet sales; noted a case pending at the U.S. Supreme Court level could be a game changer. 3 . City Clerk -J . Heinz noted the report of the April 12 shred day was included in the packet; new art in the display case in Chambers; provided an update on the upcoming meetings and events. K. ADDITIONAL PUBLIC COMMENT City of Kenai Council Meeting May 2, 2018 Page 10 of 11 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None . 2. Council Comments Vice Mayor Navarre pointed out a bill moving through the legis lature that was increasing fees on municipal license plates; AML members testified ; also reported that Alaska Municipal League was in negotiations for a new Executive Director. Council Member Knackstedt expressed gratitude for Council Member Glendening attending the Airport Commission meeting on his behalf. Council Member Glendening noted he attended the 51 51 Outstanding Student Award presented by the Masonic Lodge where forty students were rewarded; also noted he had been appointed to the borough's AK LNG Advisory Committee and would be collaborating w ith the City Planner and City Manager. L. EXECUTIVE SESSION -None . M. PENDING ITEMS -None . N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:05 p .m. I certify the above represents accurate minutes of the Kena i City Coun cil meeting of May 2, 2018. City of Kenai Council Mee ting May 2, 2018 Page 11 of 11