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HomeMy WebLinkAbout2015-08-19 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING AUGUST 19, 2015, 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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 (Public comment limited to ten (10) minutes per speaker) 1. John Williams, Kenai Resident – Resurrection and Restoration of the Old White Fire Truck. 2. Richard Page, Soar International Industry – City of Kenai Airport Leases & Appraisals. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2849-2015 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. ................................. Pg. 5 2. Ordinance No. 2850-2015 – Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund – Fire Department for an Equipment Grant Provided by the Southern Region EMS Council. ........ Pg. 7 3. Resolution No. 2015-47 – Creation of a Subcommittee to the Parks and Recreation Commission for the Purpose of Determining the Feasibility and Costs for the Phased Construction of a Park Facility, Including a Permanent Stage. ................................................................................................... Pg. 9 4. Resolution No. 2015-48 – Awarding a Contract for the Purchase of Two Lifepak 15 Monitor/Defibrillators. ........................................................... Pg. 17 Kenai City Council Meeting Page 2 of 3 August 19, 2015 E. MINUTES 1.*Regular Meeting of August 5, 2015 ......................................................... Pg. 21 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 29 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 31 3. *Ordinance No. 2851-2015 – Increasing General Fund Estimated Revenues And Appropriations For Unbudgeted Costs Related To The Acquisition Of Property Retained For A Public Purpose. .............................................. Pg.33 4. Action/Approval – Schedule a W ork Session in September to Discuss Funding Requests for FY17 Capital Improvement Priorities. .................. Pg. 37 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission ......................................................... Pg. 39 6. Beautification Committee 7. Mini-Grant Steering Committee.............................................................. Pg. 43 I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager • Kenai Bluff Section 116 United States Army Corps of Engineer’s Summary of May 13, 2015 Meeting. ........................................ Pg. 51 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. To Discuss the Purchase of Lands and other Improvements from ARK Properties, LLC to Facilitate Construction of an Access Road to the Beach Near the South Side of the Mouth of the Kenai River, a Matter that the Kenai City Council Meeting Page 3 of 3 August 19, 2015 Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the City [AS 44.62.10 (c)(1)]. 2. To Discuss Amending the City’s Agreement with the Public Employees’’ Retirement System (PERS) to Remove the City Manager’s Position, a Matter that the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the City and may be a Subject that tends to Prejudice the Reputation and Character of any Person, provided the Person May Request a Public Discussion [AS 44.62.10 (c)(1)(2)]. M. PENDING ITEMS 1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. [PAGE LEFT BLANK INTENTIONALLY] Page 4 of 82 Page 5 of 82 Page 6 of 82 Page 7 of 82 Page 8 of 82 Page 9 of 82 Page 10 of 82 Page 11 of 82 Page 12 of 82 Page 13 of 82 Page 14 of 82 Page 15 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 16 of 82 Page 17 of 82 Page 18 of 82 Page 19 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 20 of 82 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 5 , 2015 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on August 5, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:00p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Henry Knackstedt Robert Molloy Ryan Marquis A quorum was present. Also in attendance were: **Hannah Drury Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Mayor Porter noted the following requested revisions/additions to the agenda/packet: Remove from New Business G.5 • Approval of Establishing Adhoc Committee MOTION: Council Member Marquis MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Page 21 of 82 MOTION: Councilor Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT; Marquis SECONDED the motion. Mayor Porter opened public comment for items on the consent agenda; there being no one wishing to be heard, the public comment 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 - None C. UNSCHEDULED PUBLIC COMMENTS - None Dorothy Gray, Secretary of the Holy Assumption Orthodox Church in Kenai, spoke on behalf of the parish thanking the Mayor for connecting the church to a mission group who painted the church. She also expressed gratitude for the donation of paint by the Kenaitze Indian Tribe and to City Council for its involvement with local historic landmarks. D. PUBLIC HEARINGS 1. Ordinance No. 2846-2015 – Increasing Estimated Revenues and Appropriations by $81,220 in the General Fund – Fire Department for an Assistance to Firefighter Grant from the Federal Emergency Management Agency. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2846-2015; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Knackstedt, Molloy, Marquis NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2847-2015 – Retroactively Appropriating Additional State of Alaska Public Employees Retirement On-Behalf Funding for FY2015. MOTION: Page 22 of 82 Council Member Knackstedt MOVED to enact Ordinance No. 2847-2015; the motion was SECONDED by Council Member Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Knackstedt, Marquis, Molloy NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2848-2015 – Increasing Estimated Revenues and Appropriations in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Improved Airport Drainage Project. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2848-2015; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend by Substitute Ordinance No. 2848-2015 and asked for UNANIMOUS CONSENT; the motion was SECONDED by Council Member Knackstedt. VOTE: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Marquis, Molloy NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2015-44 – Approving the Purchase of a 2015 Ford ½ Ton F-150 Pickup Truck from Cal Worthington Ford. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2015-44; the motion was SECONDED by Council Member Marquis. Page 23 of 82 Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted that Stanley Ford was unable to fulfill the order. VOTE: YEA: Porter, Knackstedt, Marquis, Molloy NAY: **Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2015-45 – Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled Wastewater Treatment Plant Upgrades-Phase II as the Number One Local State Funding Priority for Fiscal Year 2017. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2015-45; the motion was SECONDED by Council Member Marquis who asked for UNANIMOUS CONSENT. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2015-46 – Awarding an Agreement for Construction of Swires Road Water Main Extension and Buffalo Run Water Main Replacement 2015-2016. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2015-46 and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of July 15, 2015 Minutes were approved by the consent agenda. 2.*Work Session of July 21, 2015 Minutes were approved by the consent agenda. Page 24 of 82 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. Ordinance No. 2849-2015 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. Introduced on the consent agenda and public hearing set on August 19, 2015. 4. *Ordinance No. 2850-2015 – Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund – Fire Department for an Equipment Grant Provided by the Southern Region EMS Council. Introduced on the consent agenda and public hearing set on August 19, 2015. 5. Action/Approval – Establishing an Adhoc Committee to Move Forward with a Project to Determine the Feasibility and Costs for the Phased Construction of a Park Facility, Including a Permanent Stage, Located on City Property in the Area Generally Described as “Millennium Square.” [Clerk’s Note: This item was removed at Approval of the Agenda.] 6. Action/Approval – Approving a Two Year Extension to the Agreement for the Facility Management Services at the Kenai Recreational Center Facility to the Boys and Girls Club of the Kenai Peninsula, Inc. MOTION: Council Member Molloy MOVED to approve a two year extension to the agreement for the facility management services at the Kenai Recreational Center Facility to the Boys and Girls Club of the Kenai Peninsula; the motion was SECONDED by Knackstedt. Administration explained that this type of agreement can be reviewed every other year. VOTE: YEA: Molloy, Knackstedt, Porter, Marquis NAY: **Student Representative Drury: YEA Page 25 of 82 MOTION PASSED UNANIMOUSLY. 7. Action/Approval – Schedule a Work Session to Further Discuss the Proposed Amendments to Kenai Municipal Code 12.25 Regarding Abandoned Vehicles. Administration explained that substantial changes had been made to the ordinance and the work session was requested to present and discuss the changes. It was decided that the work session would be scheduled for September 14, 2015 at 5:30 p.m.. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – next meeting is August 13. 2. Airport Commission – next meeting is August 13. 3. Harbor Commission – no report. 4. Parks and Recreation Commission – no report. 5. Planning and Zoning Commission – held a meeting on July 22. It was reported that marijuana zoning was discussed and a work session was scheduled. 6. Beautification Committee – no report. 7. Mini-Grant Steering Committee – no report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Attended retirement party for Larry Floyd. • Met with National Guard Representatives regarding issues affecting local Armory. • Welcomed two missionary groups. • Scheduled a ceremonial grand opening of Municipal Park for September 12. • Saturday coffee with the Mayor; thanked Councilor Knackstedt for attending and advised that there was positive feedback regarding the dipnet fishery. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Personal Use Fishery went well; discussed revisions to operations from previous years. • Complimented police department and the assistance they provided during the Kenai Spur Highway closure affecting traffic. • Provided a summary of the Building Official’s employment with the City. • Work with the Borough in identifying socio-economic impacts and cost estimates for impacts of the potential Alaska Liquid Natural Gas project. • MMG Grant Application - re-appropriated funding for a project to drill two wells. 2. City Attorney – no report. Page 26 of 82 3. City Clerk – reported that the candidate filing period opened on August 1; closes on August 17 and that one candidate had been certified – incumbent Molloy. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) – None 2. Council Comments Councilor Knackstedt reported that he visited north and south beach during the dipnet fishery and was pleased with the operations; also the no-wake buoys. Thanked Lt. Ross for the work the officers were doing to direct traffic during the Kenai Spur Highway closure. Councilor Molloy also complimented staff on operations during dipnet fishery; thanked the voters that signed his nominating petition; echoed thanks for Kenai Police Department for traffic control during the Kenai Spur Highway closure. Council Member Marquis echoed compliments on dipnet fishery operations, adding it was the most efficient year so far and also noted participants were more respectful. Student Representative Drury reported that she is ready for school to start and will be student body president. L. EXECUTIVE SESSION - None M. PENDING ITEMS 1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:43p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 5, 2015. _____________________________ Sandra Modigh, CMC City 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. Page 27 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 28 of 82 Page 29 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 30 of 82 Page 31 of 82 Page 32 of 82 Page 33 of 82 Page 34 of 82 Page 35 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 36 of 82 Page 37 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 38 of 82 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS AUGUST 12, 2015 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commissioner Twait called the meeting to order at 7:02 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, Council Liaison H. Knackstedt A quorum was present. c. *Excused Absences – K. Peterson, J. Focose d. Agenda Approval MOTION: Commissioner Pettey MOVED to approve the agenda; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Springer MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: July 8, 2015 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None. Page 39 of 82 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None. 5. CONSIDERATION OF PLATS: a. PZ15-22 – Preliminary Original Plat Valhalla Heights Frisk Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, AK 99669 City Planner Kelley reviewed his staff report recommending approval of the plat with the following conditions: • Applicants must comply with all Federal, State and local regulations. • Applicants must obtain a building permit prior to beginning construction of the greenhouse. • The Plat of Valhalla Heights Frisk Replat must be recorded prior to the issuance of a building permit to construct the greenhouse. MOTION: Commissioner Fikes MOVED to approve Resolution No. PZ15-22 and Commissioner Pettey SECONDED the motion. Chairman Twait opened the public hearing; there being no one wishing to speak, the public hearing was closed. VOTE: YEA: Pettey, Fikes, Springer, Twait NAY: ABSTAIN: Glendening [Clerk’s Note: Glendening abstained because, as a member of the Borough’s Planning Commission, he would be voting on this matter at the Borough level.] MOTION PASSED. 6. PUBLIC HEARINGS: a. PZ15-23 – Application to Rezone 207 Evergreen Street & 12848 Kenai Spur Highway from Rural Residential (RR) to General Commercial (CG). Application submitted by City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska City Planner Kelley reviewed his staff report recommending approval of the plat with the following conditions: • Applicants must comply with all Federal, State and local regulations. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15-23 and Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing. Page 40 of 82 Richard Lewin spoke against rezoning the property pointing out that commercial businesses are typically noisy. He also explained that many people walk on the neighborhood street and the commercial business would increase traffic which would deter walkers. Dan Sturchie spoke against the rezone pointing out that the plans to build a steel building will not be desirable for the neighborhood; encouraged donating another lot. Mayor Porter explained that the manager has been tasked with developing conditions for the contract associated with the donation which would be approved by Council in the future. She also pointed out that the planning department would have to approve or not approve a development plan in the future. There being no one else wishing to speak, the public hearing was closed. During discussion, administration clarified that a theater use is allowed by Conditional Use in the Rural Residential zone. It was also clarified that terms of the grant, obtained by Kenai Performers, required the property be zoned such that special exceptions for the use didn’t have to be applied for. VOTE: YEA: Pettey, Fikes, NAY: Springer, Twait, Glendening MOTION FAILED . 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Knackstedt explained that the City of Soldotna had recently held a meeting regarding the legalization of marijuana and was in the beginning stages of discussing impacts; he also reviewed the action agenda of the August 5, 2015 council meeting which was provided in the packet. b. Borough Planning – Glendening explained he had been excused from the meeting, but pointed out that the minutes from the August 10, 2015 borough planning meeting were provided in the packet. c. Administration – Kelley reported that he was working on the following matters: • Regulation of marijuana. • Junk car ordinance. • Airport rezone. 11. PERSONS PRESENT NOT SCHEDULED: Page 41 of 82 Janice Houtz spoke against allowing marijuana to be legal in the City of Kenai. She pointed out that Soldotna is making positive progress, encouraged the Planning and Zoning Commission to work toward positive changes. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: August 26, 2015 COMMISSION COMMENTS & QUESTIONS: Glendening pointed out that members of the audience could join commissions or participate in discussions in several ways; including the Mayor’s coffee. Pettey thanked the community for being present and commenting. Springer explained that Council tasked the Planning and Zoning Commission to provide guidance regarding zoning options for legalizing marijuana and that Council is ultimately responsible for adopting legislation. Fikes pointed out some of the positive changes Kenai has been making such as identifying a park where a stage could be built and offering grants to businesses to refurbish their properties. She also said it was unfortunate that the rezone of the property on Evergreen didn’t pass for the performers as that would have been another positive change. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:54 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 42 of 82 Page 43 of 82 Page 44 of 82 Page 45 of 82 Page 46 of 82 Page 47 of 82 Page 48 of 82 Page 49 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 50 of 82 Page 51 of 82 Page 52 of 82 Page 53 of 82 Page 54 of 82 Page 55 of 82 Page 56 of 82 Page 57 of 82 Page 58 of 82 Page 59 of 82 Page 60 of 82 Page 61 of 82 Page 62 of 82 Page 63 of 82 Page 64 of 82 Page 65 of 82 Page 66 of 82 Page 67 of 82 Page 68 of 82 Page 69 of 82 Page 70 of 82 Page 71 of 82 Page 72 of 82 Page 73 of 82 Page 74 of 82 Page 75 of 82 Page 76 of 82 Page 77 of 82 Page 78 of 82 Page 79 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 80 of 82 Page 81 of 82 [PAGE LEFT BLANK INTENTIONALLY] Page 82 of 82