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Home My WebLink About2016-04-20 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING APRIL 20, 2016 — 6:00 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 April 20, 2016, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Presentation of Colors by Cub Scout Pack No. 152. 3. National Anthem by Kenai Central High School Student Olivia Brewer. 4. Roll Call There were present: Pat Porter, Mayor Henry Knackstedt Terry Bookey Mike Boyle A quorum was present. Also in attendance were: Robert Molloy (absent) Tim Navarre Brian Gabriel, Vice Mayor "Hannah Drury, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 5. Agenda Approval Mayor Porter noted the following items to be added to the packet: Add to item G.7 Action /Approval — Council Confirmation of the Mayor's nomination to appoint T. Grant Wisniewski to the Parks & Recreation Commission. • Supporting Material Add to item G.8 Action /Approval — Outdoor Recreation Lodge d /b /a Cannery Lodge Liquor License #5369 — Non - Objection of Premises Extension. Add to item E. 1 Meeting Minutes • April 6, 2016 Minutes MOTION: Council Member Navarre MOVED to approve the agenda with requested additions to the packet and additions of G.7 & G.B. to the agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 6. Consent Agenda MOTION: Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. 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. *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 C. UNSCHEDULED PUBLIC COMMENTS D. PUBLIC HEARINGS 1. Resolution No. 2016 -15— Consenting to the Vacation of Certain Rights -of -Way, Utility Easements and Drainage Easements and Consenting to the Acceptance of Certain Rights -of -Way and Utility Easements as Set Forth on the Plat of Dragseth Subdivision 2016 Addition, which is Attached here to as Exhibit "A ". MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -15 and the motion was SECONDED by Council Member Gabriel. UNANIMOUS CONSENT was requested. City of Kenai Council Meeting Page 2 of 8 April 20, 2016 Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 2. Resolution No. 2016 -16 —Awarding an Agreement for Construction of Water System Improvements 2015 -2016 Reservoir #2. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2016 -16 and the motion was SECONDED by Councilor Boyle. UNANIMOUS CONSENT was requested. 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 April 6, 2016 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — Resolution No. 2016 -10 — Confirming the Assessment Roll on the VIP Drive Lid Street Improvement Special Assessment District. (Clerk's Note: At its March 16 meeting, Council postponed the Resolution to the April 6 meeting allowing the City Manager to review to process and report to Council. A motion to approve is on the floor. The Council may convene in executive session to discuss this matter pursuant to AS 44.62.3 1 0(c) (1)(3) 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.] • Substitute Resolution No. 2016 -10 [Clerk's Note: Council May Suspend the Rules to Allow Public Testimony on the Substitute Resolution as there are Substantial Proposed Amendments.] MOTION: Council Member Bookey MOVED to amend by substitute Resolution No. 2016 -10 and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. 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. G. NEW BUSINESS City of Kenai Council Meeting Page 3 of 8 April 20, 2016 1. *Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. *Ordinance No. 2886 -2016 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. Introduced by the consent agenda and public hearing set for May 4, 2016. 3. *Ordinance No. 2887 -2016 — Accepting and Appropriating a Grant from the Federal Aviation Administration for the Small Taxiways and Aircraft Tiedown Rehabilitation 2015 -2016 Project and Awarding a Construction Contract to Knik Construction Company, Inc. Introduced by the consent agenda and public hearing set for May 4, 2016. 4. Action /Approval - Scheduling a Board of Adjustment Hearing for an Appeal Filed by Thomas H. Wagoner on the Variance Granted by the Planning and Zoning Commission for the Construction of Four -Plex on a Lot within the Rural Residential Zone, which is Approximately 18,295 Square Feet in Size where 20,000 Square Feet is Required; Located at 240 Fern Street, Otherwise Known as Lot 4, Block 2, Thompson Park Subd. Addn. No. 1. It was decided a Board of Adjustment hearing would be scheduled for 05/16/16 at 6:00 p.m. Action /Approval — Authorizing a Special Use Permit to Provide Office Space in the Fire Training Building to Kenai Peninsula United Way. MOTION: Council Member Gabriel MOVED to authorize administration to issue a Special Use Permit to Kenai Peninsula United Way for office space lease in the fire training building and the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 6. Action /Approval — Authorizing an Amendment of the Special Use Permit to Hilcorp Alaska, LLC to Allow Additional Vehicle Parking at the Kenai Airport. MOTION: Council Member Bookey MOVED to approve the amendment of the Special Use Permit to Hilcorp Alaska, LLC to allow additional vehicle parking at the Kenai Airport and the motion was SECONDED by Council Member Gabriel. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. Action /Approval — Council Confirmation of the Mayor's Nomination to Appoint T. Grant Wisniewski to the Parks & Recreation Commission. City of Kenai Council Meeting April 20, 2016 MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination of T. Grant Wisniewski to the Parks & Recreation Commission and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 8. Action /Approval — Outdoor Recreation Lodge d /b /a Cannery Lodge Liquor License #5369 — Non - Objection of Premises Extension. MOTION: Council Member Knackstedt MOVED to approve the premises extension of the Cannery Lodge Liquor License # 5369 pending review by the City Planner, City Attorney, and City Clerk and the motion was SECONDED by Council Member Gabriel. UNANIMOUS CONSENT was requested. It was clarified that an objection would be filed with the Alcoholic Beverage Control Board if the City Planner, City Attorney or City Clerk objected. VOTE: There being no objections, SO ORDERED. H. COMMISSION /COMMITTEE REPORTS Council on Aging — It was reported that the Council voted to support Borough Mayor Navarre's veto of a Kenai Peninsula Borough Resolution requesting a Senior Citizen's Task Force. It was also reported that distribution of meals, signage for eating meals at the Senior Center and the FY17 Budget were discussed and survey results were provided regarding home meal deliveries with mostly excellent or good comments received. 2. Airport Commission — It was reported that the April 14 meeting was Larry Porter's last meeting at which Council Member Knackstedt presented a plaque. It was also reported that there was discussion regarding the master plan, unmanned aircraft systems (drones), and noise abatement procedures; also approved an amendment to a lease for Alaska Realty Group. Next meeting, May 12. 3. Harbor Commission — No report. 4. Parks and Recreation Commission — No report. 5. Planning and Zoning Commission — It was reported that a Conditional Use Permit for a marijuana retail store and cultivation facility establishment was approved after continued public testimony and that the All Hazards Mitigation Plan was adopted; next meeting April 27. 6. Beautification Committee — It was reported that volunteer plant day had been set for June 4; that two grants had been received allowing for planting at the Gazebo at Wildflower Field and food producing plants at the community gardens; next meeting May 10. City of Kenai Council Meeting Page 5 of 8 April 20, 2016 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Met with Alaska Missions Group for clearing trees and shrubs behind the Senior Center • Met with Unocal Retirees • Welcomed Cook Inlet Regional Citizen's Advisory Council to Kenai • Attended the Kenai Chamber of Commerce Fundraiser • Attended the Comprehensive Plan Town Hall Meeting • Requested discussion items for upcoming meetings; voting by mail and a ballot proposition regarding the City purchasing Lawton Acres. J. ADMINISTRATION REPORTS City Manager reported on the following: • Discussed legislative bills affecting the state's budget. • Explained that Wal -Mart was interested in sponsoring or being involved in clean up day. It was explained that discussions are ongoing regarding members for an airport land lease policy. 2. City Attorney— no report. 3. City Clerk —Volunteer Appreciation Dinner 5/3 at Cannery Lodge; reviewed upcoming meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob Peters provided a report on the Harbor Commission meeting; received information regarding the Open Meetings Act and Robert's Rules; working on a resolution to commend staff for work during dipnet season; held a work session regarding the responsibilities and duties of the Commission. 2. Council Comments Councilor Knackstedt stated John Williams sent an email regarding refurbishing the fire truck, noted there had been $9,000 in in -kind donations and asked for consideration of a donation during the budget discussions. Vice Mayor Gabriel thanked Cub Scouts Troop 152 and Olivia Brewer for their contributions to the meeting. Council Member Navarre thanked the Mayor for arranging the special programs for the meeting. City of Kenai Council Meeting Page 6 of 8 April 20, 2016 Council Member Bookey noted work related obligations kept him away from the Harbor Commission meetings; expressed concern with adding more signs in parks. Council Member Boyle noted he would fill in at the Harbor Commission meetings if needed. Student Representative Drury reported there were seventeen more school days; Student Council elections upcoming; Student Councils of Soldotna High School and Kenai Central High School met with Senator Lisa Murkowski. L. EXECUTIVE SESSION — To Discuss an Unsolicited Offer to Purchase Airport Property Lot 4A, Cook Inlet Industrial Air Park 2014 Replat, According to Plat 2014 -21, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)]. MOTION: Council Member Gabriel MOVED to go into executive session to discuss an unsolicited offer to purchase airport property Lot 4A, Cook Inlet industrial Air Park 2014 Replat, according to Plat 2014 -21 a matter of which the immediate knowledge would clearly have an adverse effect upon the finances of the City [AS 44.62.310(c)(1)], and the motion was SECONDED by Council Member Bookey. The presence of the City Attorney, City Clerk & City Manager was requested. VOTE: YEA: Knackstedt, Bookey, Gabriel, Porter, Boyle, Navarre NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted that direction was given to the City Manager to continue negotiation. M. PENDING ITEMS 1. Ordinance No. 2883 -2016 — Amending Kenai Municipal Code Section 21.15.260 — Acquisition of Real Property, to Allow for Acquisition of Real Property Outside the Airport Reserve as Airport Lands for Public Use, Including Use for Establishing and Maintaining Buffer Zones. 2. Ordinance No. 2884 -2016 — Enacting Kenai Municipal Code Section 14.20.065 — Airport Light Industrial Zone, Amending Kenai Municipal Code Section 14.22.010 — Land Use Table and Kenai Municipal Code Chapter 14.24— Development Requirements Table, to add the Airport Light Industrial Zone. 3. Ordinance No. 2885 -2016— Amending the Official Kenai Zoning Map by Rezoning 51 Parcels Owned by the City of Kenai, Located within the Airport Reserve Boundary from Conservation Zone, Rural Residential Zone, Suburban Residential Zone, and Light Industrial Zone to Airport Light Industrial Zone and Ratifying the Application to the Planning And Zoning Commission for the Amendments. City of Kenai Council Meeting Page 7 of 8 April 20, 2016 4. Action /Approval — Schedule a Work Session to Discuss Proposed Ordinances Relating to Establishment of Airport Light Industrial Zone and the Rezoning of Parcels to Airport Light Industrial. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:52 p.m I certify the above represents accurate minutes of the Kenai City Council meeting of April 20, 2016 ��II San a o h, CM City k "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 April 20, 2016