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Home My WebLink About2018-12-05 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING DECEMBER 5, 2018 — 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 5, 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 Robert Peterkin **Tristan Summers, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda and additions to the packet: Remove item B.3. Barbara Miranda Add to item F.1. Action/Approval Field of Flowers Signage • Beautification Committee and Airport Commission Action MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions 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 for 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. Bryr Harris, Kenai Peninsula Borough River Center —Overview of Floodplain Zones and the National Flood Insurance Program (NFIP). Bryr Harris provided information on floodplain mapping, mapped flood risk, and an introduction to community floodplain management in partnership with the Federal Emergency Management Agency. 2. Joy Merriner, BDO Inc. — Presentation of the FY18 City of Kenai Comprehensive Annual Financial Report. Joy Merriner, partner with BDO Inc., reported their firm audited the City's finances and issued a clean, unmodified opinion which was the best possible. She noted a statement was issued regarding pension liabilities which was a change in the generally accepted accounting practice and not an error on the part of the City. She pointed out there was nothing to report with internal controls and the Comprehensive Annual Financial Report was prepared by City staff which saved the City money and was a testament to the City's policies and its staff. It was further noted that the capital investment outlay had decreased and was something to keep an eye on with depreciating assets; standards will be changing in the next few years in the reporting of leases, which will require assets and liabilities reported for all leases rather than just the income. 3. Barbara Miranda, Partnership Specialist— Road to 2020 Census Presentation. [Clerk's Note: This item was removed from the agenda during approval of the agenda.] C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS City of Kenai Council Meeting Page 2 of 12 December 5, 2018 1. Resolution No. 2018-61 —Establishing Dates for Regular Meetings of the City Council for 2019. (City Clerk) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-61 and Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend by adding an eighth whereas clause to read, "Whereas, cancelling the first meeting in January due to its proximity to the holidays, recognizes Council Members, staff, and residents might be traveling or on leave," adding to the now ninth whereas clause, "January comma," before the word July, and adding to the end of Section 1, "and there will only be one meeting in January on the third Wednesday of the month," and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE: There being no objections, SO ORDERED. It was noted that there were procedures in place for holding a special meeting as needed. It was suggested the 2020 calendar be set up the same due to the first Wednesday in January falling on January first. VOTE ON THE MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin, Navarre, Glendening, Knackstedt NAY: "Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2018-62 — Declaring a Twenty -Five Foot (25) Alleyway Adjacent to the Northern Boundaries of Lots 1 and 2, Shadura Subdivision, as Set Forth on the Attached Exhibit "A" the Alleyway is Not Needed for a Public Purpose and Consenting to its Vacation (Administration) MOTION: Council Member Glendening MOVED to adopt Resolution No. 2018-62 and Council Member Molloy 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 being no objections, SO ORDERED. City of Kenai Council Meeting Page 3 of 12 December 5, 2018 3. Resolution No. 2018-63 — 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. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-63 and Council Member Peterkin 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 being no objections, SO ORDERED. 4. Resolution No. 2018-64 — Authorizing the Use of the Equipment Replacement Fund to Purchase a Fire Engine and Awarding a Contract for the Purchase of the Fire Engine to the Highest Ranked Proposer. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-64 and Council Member Molloy 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 a $50,000 purchase qualified a purchase for use of the Equipment Replacement Fund. An overview of the fire apparatus was also provided. VOTE: YEA: Molloy, Gabriel, Peterkin, Navarre, Glendening, Knackstedt NAY: "Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2018-65 — Supporting the Location of the Alaska Gasline Development Corporation's Alaska LNG Liquefaction Plant and Marine Terminal in Nikiski, Alaska. (Mayor Gabriel) MOTION: Council Member Peterkin MOVED to adopt Resolution No. 2018-65 and Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. City of Kenai Council Meeting Page 4 of 12 December 5, 2018 It was noted that the Environmental Impact Statement was due to be issued by the Federal Energy Regulatory Commission in mid-February and with two other municipalities listed with intervener status, it would be important for the City to emphasize its support of the location of the plant in Nikiski. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend by listing that the Mayor and all Council Members sponsored the resolution and a signature line be provided for all Council Members to sign the resolution and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Council Member Peterkin declared a potential conflict of interest noting the company had purchased property from him, that he was in negotiations for the purchase of more property, and he was in a non -disclosure agreement with them. Mayor Gabriel ruled that participation on the resolution likely wouldn't impact the purchase and sale of the properties and that Council Member Peterkin could participate in the vote. There was no objection to the Mayor's ruling. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED VOTE ON THE MAIN MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin, Navarre, Glendening, Knackstedt NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of November 7, 2018 Approved by the consent agenda. F. UNFINISHED BUSINESS Action/Approval — Field of Flowers Signage (Council Member Knackstedt) [Clerk's Note: This item was referred to the Beautification Committee and then the Airport Commission; a Motion to Construct a Sign as Outlined by the Airport Commission is on the Floor.] It was reiterated that the Airport Commission had been working on a sign for the Field of Flowers and, the Beautification Committee, pointing out the sign would attract users to use the space, had called the sign an attractive nuisance. Administration pointed out the flowers would continue diminish unless funding was provided for additional seeding and, if the status of the flowers changes, it would no longer make sense to have the sign. MOTION TO AMEND: City of Kenai Council Meeting Page 5 December 5, 2018 Council Member Molloy MOVED to amend by incorporating the sign design recommendations made by the Beautification Committee and confirmed by the Airport Commission and Council Member Knackstedt SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend the amendment by leaving the issue of raised letters to the discretion of the City Manager and Council Member Glendening SECONDED the motion. The suggestion was made that the decision on the raised letters for the sign be left to the City Manager based on cost. It was noted that the Beautification Committee had recommended the raised letters to be consistent with other signs in parks around the City. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Glendening, Knackstedt NAY: Molloy, Gabriel, Peterkin, Navarre *"Student Representative Summers: NAY MOTION FAILED. VOTE ON THE AMENDMENT: YEA: Molloy, Gabriel, Peterkin, Navarre, Glendening, Knackstedt NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend that the text of the sign be determined after the budget work session, when a determination was made on funding for the sign and Council Member Glendening SECONDED the motion. It was noted that the Beautification Committee did not weigh in on the language of the sign. VOTE ON THE AMENDMENT: YEA: Molloy, Glendening NAY: Gabriel, Peterkin, Navarre, Knackstedt **Student Representative Summers: NAY MOTION FAILED. MOTION TO AMEND: City of Kenai Council Meeting Page 6 of 12 December 5, 2018 Council Member Knackstedt MOVED to amend the language as the City Manager suggested, changing the words, "cooperative effort by," to "supported by." Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend by providing that the sign not be built or purchased prior to May first and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. UNANIMOUS CONSENT was requested on the MAIN MOTION: VOTE ON THE MAIN MOTION AS AMENDED: There being no objections, SO ORDERED. 2. Ordinance No. 3044-2018 — Amending Kenai Municipal Code Section 3.05.070 - Citation Procedure, Amending and Renaming Kenai Municipal Code Sections 13.10.015 -Minor Offense Amendable to Disposition Without Court Appearance by Payment of a Fine, and 13.30.010 -State Traffic Regulations Adopted, and Enacting a New Section of Kenai Municipal Code Section 13.30.015 -State Traffic Bail Forfeiture Schedules Adopted by Reference, to Incorporate Additional Minor Offenses into Kenai City Code and Make Housekeeping Changes to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses. (Legal) [Clerk's Note: During the 10/17/18 Meeting, this Item was Postponed to the 12/5/18 Meeting; a Motion to Enact is On the Floor.] Clarification was provided that the ordinance incorporated some state law changes, court system changes, and certain state offenses into Kenai Municipal Code so when Kenai police officers issued a citation, the City Attorney could represent the officer in court and the fine amount would be remitted to the City. It was asked that, if there was concern with any specific fine amount or offense, that it be brought forth in a different ordinance. VOTE: YEA: Molloy, Gabriel, Peterkin, Navarre, Glendening, Knackstedt NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. G. NEW BUSINESS 1. *Action/Approval — Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval — Purchase Orders Over $15,000 City of Kenai Council Meeting Page 7 of 12 December 5, 2018 Approved by the consent agenda. 3. *Action/Approval — Non -Objection to a Liquor License Renewal for Griffin Golf Enterprises, DBA Griffin Golf Course. (City Clerk) Approved by the consent agenda. 4. *Ordinance No. 3046-2018 — Increasing Estimated Revenues and Appropriations in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2019 Airfield Crack Sealing, Marking, and Minor Pavement Repair Project and Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design Services. (Administration) Introduced by the consent agenda and public hearing set for 12/19/18. 5. Action/Approval — Mayoral Nominations for Appointment to Committees and Commissions. (City Clerk) MOTION: Council Member Glendening MOVED to confirm the Mayor's nominations of Kimberly Dodge and Dan Pitts for reappointment to the Airport Commission and Council Member Knackstedt seconded the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. MOTION: Council Member Glendening MOVED to confirm the Mayor's nomination of Lisa Gabriel for reappointment to the Beautification Committee. Council Member Molloy seconded the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. MOTION: Council Member Glendening MOVED to confirm the Mayor's nomination of Margaret Milewski for reappointment to the Council on Aging. Vice Mayor Navarre seconded the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. MOTION: Council Member Glendening MOVED to postpone confirmation of Harbor Commissioner appointments to the December 19 meeting. Vice Mayor Navarre seconded the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Page 8 of 12 December 5, 2018 MOTION: Council Member Glendening MOVED to confirm the nominations of Sandra Bise and Charles "Chuck" Thornton for appointment to vacant seats on the Council on Aging. Vice Mayor Navarre seconded the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 6. Action/Approval —Mayoral Nominations for Appointment to the Planning and Zoning Commission. (City Clerk) MOTION: Council Member Molloy MOVED to confirm the Mayor's nomination of Jeff Twait for reappointment and Tim McIntyre for appointment to the Planning and Zoning Commission. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 7. Action/Approval — Revise the Parks and Recreation Commission Meeting Time, Pursuant to Policy, from 7:00 p.m. to 6:00 p.m. (City Clerk) MOTION: Council Member Knackstedt MOVED to revise the Parks and Recreation Commission meeting time from 7:00 p.m. to 6:00 p.m. Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — No report; next meeting December 13. 2. Airport Commission — No report; next meeting December 13. 3. Harbor Commission — It was reported at their November 13 meeting the Commission heard the final report from the sub -committee, discussed wake signage, and their focus for the upcoming year; next meeting December 10. 4. Parks and Recreation Commission — It was noted the draft minutes of their last meeting was in the packet; next rneeting December 6. 5. Planning and Zoning Commission — it was reported at their November 14 meeting the Commission approved a plat and Commissioner Peterson was not seeking another term on the Commission; next meeting December 12. 6. Beautification Committee — No report; next meeting January 8. 7. Mini -Grant Steering Committee — No report. City of Kenai Council Meeting Page 9 of 12 December 5, 2018 REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended the LeeShore Center's Annual Board Meeting and Volunteer Appreciation Dinner; • Attended the Chamber of Commerce's Membership Appreciation event; • Attended the annual Veteran's Day ceremony; • Attended Alaska Municipal League where there were several good workshops and presentations; hopeful to see a conduit at the state level to provide for taxing internet sales; • Attended an Alaska Gasline Development Corporation round -table discussion; hopeful Governor Dunleavy's administration would continue work on the project; • Attended the Thanksgiving Dinner at the Senior Center; expressed gratitude to Hilcorp for continuing to support that dinner; • Urged preparedness after the recent earthquake; • Planned to attend the upcoming inauguration of Governor Dunleavy; • Thanked Finance Director Eubank for his work on the Comprehensive Annual Financial Report; • Attended the Christmas Comes to Kenai events hosted by the Chamber of Commerce. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Thanked Finance Director Eubank for his team's work; • Homer, Seward, Seldovia, and Soldotna agreed to collectively pursue a Municipal Advisory Gas Project Review Board Seat and selected Kenai be the representative; Terry Eubank to be designated appointee; • Attended the Alaska Municipal Managers Association Conference; cybersecurity and online sales tax were topics discussed; • Met with the Innovative Readiness Training group on the Bluff Erosion Project; • Beginning FY20 budget preparation; • City Planner's presentation on Startup Week was included in the packet; • After the earthquake, city infrastructure was inspected with the exception of the City Dock; o Well No. 1 had settled eight inches but is not in use - considering abandoning; o Water main in Inlet Woods subdivision started leaking; six residents without water for a few hours; boil water notice sent to 30 additional residences for 24-48 hours while staff ensured fix was completed; Final Feasibility Report out on the Bluff Erosion Project; expecting Director's report on January 12; looking for alternatives so another year is not lost due to lack of funding. 2. City Attorney — No report. 3. City Clerk —J. Heinz reported she attended the Alaska Association of Municipal Clerk's Conference and was elected as Second Vice President of the Association; construction in the Clerk's Office was ongoing. City of Kenai Council Meeting Page 10 of 12 December 5. 2018 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Knackstedt thanked the City Manager for keeping council members apprised of information after the earthquake, Finance Director Eubank for his work on the Comprehensive Annual Financial Report, Peninsula United Way for all they've done for the Peninsula, and Bryr Harris for her presentation. He noted he attended the Christmas Comes to Kenai event and that the Kenai Central High School Choir sang Christmas carols at the Kenai Historical Society meeting. He further noted that the Supervisory Sub -Committee discussed a new employee evaluation document and process. Council Member Molloy thanked the Kenai Chamber of Commerce for their Christmas Comes to Kenai event and thanked the City for the opportunity to attend the Alaska Municipal Attorneys Conference. He congratulated Heinz on her election to the Alaska Association of Municipal Clerks Executive Board and congratulated Eubank for his work on the Comprehensive Annual Financial Report. Student Representative Summers noted the Kenai Chamber Choir had performed at the Historical Society meeting and would like to perform at a Council meeting as well. Council Member Peterkin echoed congratulations to Finance Director Eubank, City Clerk Heinz and Chamber of Commerce Executive Director Beech. Council Member Glendening noted he had been traveling and work was ongoing with the AK LNG group. Vice Mayor Navarre noted he lit the Christmas tree for the Christmas Comes to Kenai event; thanked Finance Director Eubank; noted he was traveling to Spokane for an upcoming Alaska Municipal League meeting. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:15 p.m. I certify the above represents accurate min the Kenai City Council meeting of December 5, 2018. N^!D E D City of Kenai Council Meeting Page 11 of 12 December 5, 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 Kenai Council Meeting Page 12 of 12 December 5, 2018