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HomeMy WebLinkAbout2018-05-16 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING MAY 16, 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 16 , 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: Robert Molloy Tim Navarre Mike Boyle **Brittany Gilman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion . VOTE: There being no objections , SO ORDERED. 4. ConsentAgenda 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 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. Frank Richards, Alaska Gasline Development Corporation -LNG Project Presentation. Frank Richards with the Alaska Gasline Development Corporation provided a project update noting they were eagerly searching for buyers of LNG product and w ith the addition of some initial agreements, they were able to transition from framework planning to definitive planning . He also noted they were expecting a decision on the Environmental Impact Study in 2019 , and a decision from the Federal Energy Regulatory Commission in early 2020 which would kick off construction . Richards pointed out that other permitting was being reviewed concurrently, they were raising funding to build the project, and working on getting contracts in place . He also discussed the feas ibility of working with City of Kenai for their water supply, helping with building infrastructure at the expense of the LNG project. 2 . Riley Graves, Caring for the Kenai Contestant-Magnetic Beach Sweeper Concept Overview. Riley Graves provided an overview of his magnetic beach sweeper concept noting only a rake was currently being used to clean up the beach after the dipnet fishery and if a magnet was added , it would be a lot more effective in cleaning metal from the beach. He provided costs, grant opportunities, and demonstrated his prototype . C. UNSCHEDULED PUBLIC COMMENTS Wally Page , UCIDA, suggested the wake signs recently approved would create animosity and asked that signage also be included in the mouth and the upper river as well so a single user group isn 't singled out. He noted the fleet doesn 't try to create wakes but are pushing against tides and if they lose speed , they lose steerage which creates dangerous situations . Steve Tvenstrup also expressed concern with lack of notice to UCIDA office noting the members could have provided insight on signage . He pointed out that from a safety perspective, from the dock upriver is where the unsafe situations happen with dipnetters, and suggested signs for personal use fishery users as well. Tvenstrup also spoke about the amount of fish being taken by the personal use fishery which results in loss of raw fish tax. City of Kenai Co un cil Meeti ng May 16, 2018 Pa ge 2 of 9 D. PUBLIC HEARINGS MOTION : 1. Ordinance No. 3021-2018 -Determining that Tract C Dragseth Subdivision -2017 Addition , Located within the East ~ Section 7 , Township 5 North, Range 11 West, Seward Merid ian , City of Kena i, Kenai Recording District, Kena i Peninsula Borough, Alaska is Not Needed for a Publ ic Purpose and Approving a Sale of the Property for its Appraised Value to Ron Hyde. Council Member Knackstedt MOVED to enact Ordinance 3021-2018 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing ; there being no one w ishing to be heard, public comment was closed. Clarification was provided that the appraised amount was fair given the limits put on the use of the property. VOTE: YEA: Molloy, Boyle , Gabriel , Navarre, Glendening, Knackstedt NAY: **Student Representative Gilman : YEA MOTION PASSED UNANIMOUSLY. 2 . Resolution No. 2018-21 -Amending Policy 2016-01 , Procedures for Comm issions , Committees and Council on Aging -to Clarify the Policy on Council 's Referral of Items for the Agendas of the City's Commissions , Committees and the Council on Aging Prior to any Final Council Action . MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-21 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. It was suggested that an amendment to the policy, made in the past, left an unintended consequence where the pol icy circumvented the code in the required referra l of some ordinances to be reviewed by an advisory commission. There was ambiguity whether Council o w ned the ordinances or whether administration could still send things to advisory bodies. The revised po licy clarifies and modifies language where required advisory recommendations e xist. Provisions for time sensitive situations , processes for mul t iple re ferrals , and automatic referra ls in certa in situations were topics discussed . MOTION TO AMEND: City of Kenai Council Meeting May 16, 201 8 Page 3 of 9 Council Member Knackstedt MOVED to amend policy section 6.c. by removing , "and upon introduction of an ordinance," from the end of the second sentence and Vice Mayor Navarre SECONDED the motion . Effects of automatic referral , an item having to be introduced in order to be discussed, the potential to take three meetings for final action to take place, a notation on the agenda that indicates a referral is required to comply with code , and Council g iving the advisory commissions direction were topics discussed . VOTE ON THE AMENDMENT: YEA : Molloy, Boyle , Gabriel , Navarre , Glendening , Knackstedt NAY: **Student Representative Gilman : YEA MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Molloy, Boyle, Gabriel, Navarre , Glendening , Knackstedt NAY: **Student Representative Gilman : YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of May 2, 2018 Approved by the consent agenda . F . UNFINISHED BUSINESS 1. Ordinance No. 3018-2018 -Amending Kenai Municipal Code Title 23-Personnel Regulations , to Create a New Class of Employees Defined as "Department Head Service" that Includes Employees who Work at Will and are Compensated within A Salary Range Approved by the Council, and Making other Housekeeping Changes . (Council Members Navarre & Glendening) [Clerk's Note : This Item was Postponed to this Meeting from the May 2, 2018 Meeting; A Motion to Enact is On the Floor.] Objection was stated to department heads serving at will. MOTION TO AMEND: Counci l Member Boyle MOVED to amend by removin g the last two sentences in 23 .10 .035 {b) and Council Member Molloy SECONDED the mot ion . There was objection to the amendment noting the ord inance , as written , enhanced t he ability to act like private sector where a department head has to answer to someone for actions taken . City of Kenai Counci l Meeting May 16, 2018 Page 4 of 9 It was noted that it was common practice for a CEO to have the abilities afforded in the ordinance ; the check and balance being provided was the City Manager needed to have good cause and would have to answer to the Council on those decis ions . The differences between private and public entities were discussed . VOTE ON THE AMENDMEN T : YEA: Molloy, Boyle NAY: Gabriel, Navarre , Glendening , Knackstedt **Student Representative Gilman : NAY MOTION FAILED. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend by adding to the end of the definition of Department Head Service in 23.05 .0?0(c), "and who have been hired or completed a probationary period after June 1, 2018. Employees responsible to the City Manager for the administration of one or more departments who have been hired and completed a probationary pe riod before June 1, 2018 may enter the Department Head Service by written request to the City Manager." and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections , SO ORDERED. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend Section 45 of the ordinance by chang ing the head ing of t he pay schedule for all employees excluding those engaged in fire protection services to read , "FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFEID EMPLOYEES EXCLUDING EMPLOYEES ENGAGED IN FIRE PROTECTION ACTIVITIES." and requested UNANIMOUS CONSENT. Council Member Glenden ing SECONDED the motion . VOTE ON THE AMENDMENT: There being no objections , SO ORDERED. MOTION TO AMEND: Vi c e Mayor Navarre MOVED to delete Section 46 of the ordinance in its entirety and renumber the following sections appropriately. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON T HE AMENDMENT: There be ing no objections, SO ORDERED. The attorney was thanked for the sectional analysis he provided . VOTE ON T HE MAIN MOTION: YEA: Gabriel, Navarre , Glendening , Knackstedt NAY: Molloy, Boyle **Student Representative Gilman : YEA City of Kena i Co unc il Meeting May 16, 20 18 Page 5 of 9 MOTION PASSED. G . NEW BUSINESS 1. *Action/Approval -Bills to be Ratified . Approved by the consent agenda. 2 . *Action/Approval -Non-Objection to New Marijuana Product Manufacturing Facility License for Herban Extracts , LLC -License No. 14432. Approved by the consent agenda . 3. *Ordinance No. 3022-2018 -Adopting the Annual Budget for the Fiscal Yea r Commencing July 1, 2018 and Ending June 30 , 2019 And Committing $750 ,000 of General Fund , Fund Balance For Capital Improvements, Amending The Salary Schedule In Kena i Municipal Code Chapter 23.55 -Pay Plan, Amending Employee Class ifications In Kenai Municipal Code Chapter 23 .50, And Amending Police Department Qualification Pay In Kenai Municipal Code Chapter 23.55. Introduced by the consent agenda and public hearing set for June 6 , 2018. 4 . *Ordinance No. 3023-2018-Increasing FY2018 General Fund Estimated Revenues and Appropriations by $13,747 and FY2019 General Fund Estimated Revenues and Appropriations by $35,996 in the General Fund Parks, Recreation and Beautification Department for the Receipt of a Grant from the United States Environmental Protection Agency Passed through the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2018 - 2019 Personal Use Fishery. Introduced by the consent agenda and publ ic hearing set for June 6 , 2018. 5 . Action/Approva l -Approve a Specia l Use Perm it to HDL Engineering Consultants, LLC, for Storage Space at Tract A , FBO Subdivision . MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to HDL Engineering Consultants, LLC for storage space at Tract A. FBO Subdivision and Council Member Molloy SECONDED the motion. UNANIMOUS CONSENT was requested . VOTE : There being no objection ; SO ORD ERED. 6 . Action/Approval -Special Use Permit to Reddi Towing & Salvage, LLC, for Impound Lot Space at Lot 4 , Block 5 , Cook Inlet Industrial Park . MOTION: Counci l Member Moll oy MOVED to approve a special use permit to Reddi Towing & Salvage , LLC for impound lot space at Lot 4 , Block 5, Cook Inlet Industrial Park and Council Member Glendening SECONDED the motion . UNANI MOUS CONSENT w as requested . Ci ty of Kenai Counci l Meeti ng May 16 , 2018 Pa ge 6 of 9 VOTE : There being no objection ; SO ORDERED. 7. Discussion -Dipnet Vendor Operations . The City Clerk provided an overview of the pilot project for changing operations for vendors wanting to participate in the Dipnet Fishery noting that vendors were surveyed , goals were established , and a process developed that accomplished most of what the vendors requested and the established goal. It was pointed out that this was a pilot project and administration expected to learn from the process and would be better equipped to bring forth recommendations for possible code changes after the initial effort. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -No Report; next meeting June 14. 2. Airport Commission -It was reported that at their May 10 meeting the Commission reviewed the Terminal Rehabilitat ion Project, recommended approval of Special Use Permits and a land lease application . It was also noted that the annual Air Fair was being held on June 9 ; next meeting June 14. 3. Harbor Commission -It was reported that at their May 10 meeting the Commission heard about the Dipnet Vendor pilot project and were notified of the approval of their requested sub-committee ; next meeting June 11. 4. Parks and Recreation Commission -It was reported that at their May 3 meeting the Commission heard about the Dipnet Vendor pilot project and heard from a representative about being a bike friendly community; next meeting June 7. 5. Planning and Zoning Commission -It was reported that on May 9, the Commission approved a plat and the transfer of a gravel pit Conditional Use Permit, recommended approval of a lease application and adoption of an ordinance amending regulations for Standard Marijuana Cultivation facilities; next meeting May 23. 6. Beautification Committee -It was reported that on May 8, the Committee reviewed the flower bed designs, winter decorations, and set Volunteer Plant Day for June 9; also expressed an interest in discussing signage at the Field of Flowers ; next meeting September 10 . 7. Mini-Grant Steering Committee -No report . I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: City of Kenai Council Meeting May 16, 2018 • Attended the Local Government Revenue Challenges Work Session ; suggested it be an annual meeting; • Attended dinner with the BP Teachers of Excellence nominees; • Testified before the Borough Assembly on the Borough budget and reiterated taxing positions; • Attending the Senior Night softball game and thanked the Rotary Club for their donation for the bleachers; Page 7 of 9 • Thanked Student Representat ive Gilman for her service on Council ; • Provided a reminder for the upcoming Budget Work Session . J. ADMINISTRATION REPORTS 1. City Manager-P . Ostrander reported on the following: • Noted the voices of the cities were heard and impacts would be seen in the borough budget; • Met with Alaska Department of Environmental Conservation regarding the listing of the Kenai River on the state 's listing for impairment; added fecal coliform and zinc exceedance; • May 18 designated as the Annual City Employee City Clean-up Day; • Announced the upcoming Employee Appreciation Party; • Announced the retirement of the Fire Marshal; • Noted Animal Planet was in town filming for a documentary on the wildlife refuge and also filming the Eagle Cam location which will provide good exposure when the program a irs next year; • Pointed out the benefits of weighing in sooner than later on the road reroute to the proposed LNG site; • Noted after an enormous amount of work by Senators Murkowski and Sullivan and their staff the Bluff Erosion Project decision was signed ; will hear from the Corps of Engineers soon regarding the updated timeline; • New Public Works Director started today. 2. City Attorney -No Report. 3. City Clerk -J . Heinz provided an overview of upcoming training she was attend ing and an overview of the budget for the Cle rk's Office . K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None . 2. Council Comments All Council Members thanked Student Representative Gilman for her service on City Council. Vice Mayor Navarre thanked the Mayor for covering so many events; noted he attended an Alaska Gasline Development Corporation Advisory Council retreat on the Kenai Peninsula and noted the need to get the word out to encourage the State to fund programs at the college level to create a work force for the LNG project; asked if $10,000 was available for a carport for t he renovated firetruck. Council Member Knackstedt thanked the manager for organizing the Local Government Revenue Challenges work session ; pointed out the h istorical society newsletter was in packet. City of Kenai Council Meeting May 16, 2018 Page 8 of 9 Student Representative Gilman noted she was grateful for the opportunity to serve on Council; noted graduation coming up on May 21 ; also reported she would be travelling to Kenai's sister city in Japan and performing in music and arts events . L. EXECUTIVE SESSION 1. Review and Discussion of the City Attorney's Evaluation which may be a Subject that Tends to Prejudice the Reputation and Character of the City Attorney [AS 44.62.31 O(C)(2)]. MOTION: Council Member Molloy MOVED to enter into executive session to review and discuss the City Attorney 's evaluation which may be a subject that tends to prejudice the reputation and character of the City Attorney [AS44.62.310(C)(2)] and requested the availability of the City Attorney as needed. Council Member Knackstedt SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Boyle, Glendening , Navarre , Molloy NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted for the record that Council met in executive session and reviewed and discussed the City Attorney 's performance evaluation with the City Attorney and reported his performance was above satisfactory. M. PENDING ITEMS -None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10: 14 p .m .. I certify the above represents accurate minutes of the Kenai City Council meeting of May 16 , 2018. **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 Ke nai Council Meeting May 16, 201 8 Page 9 of 9