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HomeMy WebLinkAbout2016-05-18 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING MAY 18, 2016 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on May 18, 2016, in City Hall Council Chambers, Kenai, AK. Vice Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor (telephonic) Henry Knackstedt Terry Bookey (absent) Mike Boyle A quorum was present. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Robert Molloy Tim Navarre Brian Gabriel, Vice Mayor Vice Mayor Gabriel noted the following items to be added to the packet: Add to Item D.2 Ordinance No. 2884 -2016 • Amendment Memo Add to Item D.1 & D.2 Ordinance No. 2883 -2016 & 2884 -2016 • Correspondence submitted by Laura Sievert Add to Item D.1, D.2 & D.3 Ordinance No. 2883 -2016 & 2884 -2016 & 2885 -2016 • Correspondence submitted by Pat Falkenberg Add to Item D.1, D.2 & D.3 Ordinance No. 2883 -2016 & 2884 -2016 & 2885 -2016 • Correspondence submitted by Carol Freas Add to Item D.8 Resolution No. 2016 -21 • Contract for Services MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda and packet and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Vice 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 — None. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2883 -2016 and the motion was SECONDED by Council Member Boyle. Vice Mayor Gabriel opened the public hearing; there being on one wishing to be heard, public comment was closed. Councilor Molloy advised that the ordinance supported development concepts of the Airport Masterplan Phase II Report and public comments received and requested Council's support. City of Kenai Council Meeting Page 2 of 19 May 18, 2016 Council Member Knackstedt stated that City had precedence with purchasing these lands as it's been done before legally, but concurred to clarifying in Code the real property purchased within or outside of airport land. However, Knackstedt spoke in opposition to the language specific to buffer zones and requested to review these purchases with needed buffer zones on a case -by- case basis. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by deleting the following text from 21.15.260(a) , including use for establishing and maintaining buffer zones to remediate the impacts of airport related uses and development upon land within and surrounding the Airport Reserve, ...." The motion was SECONDED by Councilor Navarre. Council Member Boyle spoke in opposition of the amendment. Councilor Molloy noted that Council had received testimony in the past from residents related to the need of a buffer zone and this ordinance was addressing the matter so residents knew that Council recognized the issue. VOTE ON AMENDMENT: YEA: Knackstedt, Gabriel, Porter, Navarre NAY: Boyle, Molloy MOTION PASSED. It was clarified that a 12 -month appraisal time period was not required by Code for acquisition verses a lease or renewal of a lease. City Manager Koch advised that there had been several properties purchased in the past and that the ordinance clarified the process for the future, although it was not prohibited in Code previously. VOTE ON MAIN AS AMENDED: YEA: Knackstedt, Gabriel, Porter, Navarre, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2884 -2016 and the motion was SECONDED by Councilor Navarre. City of Kenai Council Meeting Page 3 of 19 May 18, 2016 Vice Mayor Gabriel opened the public hearing; there being on one wishing to be heard, public comment was closed. Councilor Knackstedt advised that the ordinance introduced the Airport Light Industrial Zone and added it to the Land Use Table. It was noted that this was supported by the 2003 Comprehensive Plan and recommended by the Airport and Planning and Zoning Commission for approval. The ordinance would eliminate zoning confusion for residents by rezoning areas currently zoned as conservation within airport lands. Knackstedt highlighted a few of the development requirements and new definitions being added to support the new zone and permitted uses. It was reiterated that this affects airport land only. It was further noted that there were areas other than conservation that were also being rezoned. MOTION TO AMEND: Council Member Molloy MOVED to amend by replacing the old KMC 14.20.320 Definitions section in Ordinance 2884 with the current KMC 14.20.320 Definitions section by adding in the proposed new definitions of the ALI Zone, subject to further amendment by Council. The motion was SECONDED by Councilor Navarre and UNANIMOUS CONSENT was requested. Molloy noted that this was housekeeping to ensure that new information related to marijuana was included. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend by replacing the old KMC 14.22.010 Land Use Table in Ordinance 2884 with the current KMC 14.22.010 Land Use Table and adding in the column proposed for the ALI Zone, subject to further amendment by Council. Councilor Boyle SECONDED the motion and UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend by adding the following two whereas clauses before the now therefore: Whereas, the Airport Master Plan Phase 2 Report prepared for the City of Kenai contains four (4) development concepts that include the City's acquisition of land outside the Airport Reserve for buffer zone(s); and Whereas, the intent of the Airport Light Industrial Zone should include the City's acquisition of property for, and establishment and maintenance of, buffers and buffer zone(s) to support development and to minimize or remediate the impacts of airport- related development upon other surrounding land uses; and The motion was SECONDED by Councilor Boyle City of Kenai Council Meeting Page 4 of 19 May 18, 2016 MOTION TO AMEND THE AMENDMENT: Council Member Navarre MOVED to amend the amendment by deleting the second proposed whereas clause: Whereas, the intent of the Airport Light Industrial Zone should include the City's acquisition of property for, and establishment and maintenance of, buffers and buffer zone(s) to support development and to minimize or remediate the impacts of airport- related development upon other surrounding land uses; and The motion was SECONDED by Councilor Knackstedt. Council discussed whether it was necessary to include establishing buffer zones within the ALI Zone and whether the first proposed whereas addressed the issue enough. Attorney Bloom advised that a definition located in KMC 14.20.130 included a definition of a residential buffer and read it into the record. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Porter, Navarre NAY: Boyle, Molloy MOTION PASSED. VOTE ON AMENDMENT AS AMENDED, UNANIMOUS CONSENT was requested: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend 14.20.065(f)(3) by striking the word, "Aviation" and replacing it with, "Airport"; inserting the words, "or street" after the word, "alley'; and inserting the words, "separated by a buffer or ". Council Member Boyle SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend the amendment by deleting the proposed words, "separated by a buffer or". Councilor Navarre SECONDED the motion. Council Member Molloy spoke in opposition of the amendment. Council Member Navarre recommended the Council consider a buffer ordinance in the future. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Porter, Navarre NAY: Boyle, Molloy MOTION PASSED. City of Kenai Council Meeting Page 5 of 19 May 18, 2016 VOTE ON AMENDMENT AS AMENDED, UNANIMOUS CONSENT was requested: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend 14.20.065(f)(11) by removing the words "as determined by the City Manager or designee, Airport Manager or designee, or Airport Commission, or City Council' and inserting the words, "by the City Council, upon recommendation of the City Manager, or the Airport Manager designee or Airport Commission" after the words ,.activities determined ". Council Member Boyle SECONDED the motion. City Attorney Bloom spoke in favor of the amendment from a legal standpoint. It was noted that the Planning Commission would review prior to the Airport Commission. Planner Kelley noted that he would seek direction of the City Manager on how to proceed. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by deleting the proposed words, "designee" after the words "Airport Manager". Councilor Boyle SECONDED the motion. City Attorney spoke in favor of the amendment. The City Manager explained the current process advising that the determination was typically made by Administration. VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE AMENDMENT AS AMENDED: YEA: Boyle, Molloy NAY: Knackstedt, Gabriel, Porter, Navarre MOTION FAILED. MOTION TO AMEND: Council Member Navarre MOVED to amend 14.20.065(f)(11) by removing the words "or designee, Airport Manager or designee, or Airport Commission ". Council Member Porter SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Porter, Navarre, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 6 of 19 May 18, 2016 MOTION TO AMEND: Council Member Navarre MOVED to amend 14.20.065(f)(11) by deleting the words " , or city council" and inserting the words "The final decision of the City Manager may be appealed to the Board of Adjustment as provided in Kenai Municipal Code 14.20.290" as the last sentence of the section. Council Member Knackstedt SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Porter, Navarre, Boyle NAY: Molloy MOTION PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend the following definition to read: "Airport Compatible Uses" means uses which include, but are not limited to: Hangars, Fixed Base Operators, Aircraft Repair and Manufacturing, Aircraft Sales, Buffer and Buffer Zones, and other uses approved by Ordinance of the City of Kenai, and in compliance with the Federal Aviation Administration's regulations, and compatible with the current Airport Master Plan, the Airport Layout Plan and the Comprehensive Plan. Council Member Boyle SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend the amendment by deleting the words, "Buffers and Buffer Zones." Mayor Porter SECONDED the motion. VOTE ON SECOND AMENDMENT: YEA: Knackstedt, Gabriel, Porter, Navarre NAY: Molloy, Boyle MOTION PASSED. VOTE ON AMENDMENT AS AMENDED: YEA: Knackstedt, Gabriel, Porter, Navarre, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. MOTION TO SUSPEND THE RULES: Council Member Molloy MOVED suspend the rules to take action on Resolution No. 2016 -19; Council Member Boyle SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Porter, Navarre, Molloy, Boyle NAY: City of Kenai Council Meeting Page 7 of 19 May 18, 2016 MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2016 -19— Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to be Adopted in the FY2017 Budget Process to Include Adjusting Monthly Rental Rates at Vintage Pointe, Increasing Airport Apron Rental Fees, Increasing Fees for Water and Sewer Service, and Making other Housekeeping Changes. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -19 and the motion was SECONDED by Councilor Molloy. Vice Mayor Gabriel opened the public hearing. Russ Taylor, Manager of Crowley Fuels, advised that the company had increased its staff and operation in Kenai to better serve the City; spoke in opposition of the increase in airport apron fees and rental rates. The Airport Director reported that Administration had been discussing this matter with leaseholders over the last year and that notification was mailed out last Monday advising of the increases as of July 1, 2016. It was noted that the rate increases were established within the special use permits. City Manager Koch advised that the City did an analysis of other airports and found the City is significantly under charging. It was confirmed that the City was within a year or so of making rate increases similar to the CPI and that the proposed increase was .36 cents to .57 cents per square foot per year. Council and Administration discussed the Airport Reserve Fund MOTION TO AMEND: Council Member Navarre MOVED to amend the increase of airport apron rental rate per square foot to be based on a 6 -year plan versus a 5 -year. Council Member Knackstedt SECONDED the motion. With concurrence of Councilor Knackstedt, Navarre withdrew his motion while waiting for calculations based on his amendment. MOTION TO TABLE: Council Member Navarre MOVED to table Resolution No. 2016 -19 to its original location on the agenda. Council Member Knackstedt SECONDED the motion and UNANIMOUS CONSENT was requested. There being no objections, SO ORDERED. [Clerk's Note: Ordinance No. 2884 -2016 was on the floor as amended.] City of Kenai Council Meeting Page 8 of 19 May 18, 2016 MOTION TO AMEND: Council Member Molloy MOVED to amend 14.20.320(b) to add the following definition: 'Buffer" is that portion of a given lot, not covered by buildings, pavement, access and service areas, established as an open space for the purpose of screening and separating properties to minimize or remediate the impacts between land uses. A buffer consists of trees, shrubs, and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossing, or may consist of grading, raised strip of land or soil berm, or a combination of vegetation and raised land or soil berm. A buffer may be a principal use or an accessory or secondary use of a lot. Council Member Boyle SECONDED the motion. Councilor Molloy spoke in favor of providing a definition in Code. Council Member Navarre spoke in opposition due to not having time to research other communities. Council Member Knackstedt expressed the need for additional work on the definition. Mayor Porter spoke in opposition based on the amendment being provided as a laydown and not providing public input. Vice Mayor Gabriel also expressed the need for a more detailed definition and recommended the matter be referred to the Planning and Zoning Commission. VOTE: YEA: Molloy, Boyle NAY: Knackstedt, Gabriel, Porter, Navarre MOTION FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend the Land Use Table 14.22.010 to make the Public /Institutional Land Use of "Parks and Recreation" a P for Permitted Use in the ALI Zone instead of N for Not Permitted. Council Member Boyle SECONDED the motion. It was noted that the ball fields have not been designate as an official park, which is prohibited by the FAA. VOTE: YEA: Molloy, Boyle NAY: Knackstedt, Gabriel, Porter, Navarre MOTION FAILED. MOTION TO AMEND: City of Kenai Council Meeting Page 9 of 19 May 18, 2016 Council Member Navarre MOVED to amend the Land Use Table 14.22.010 to make the Public /Institutional Land Use of "Governmental Buildings" a P for Permitted Use in the ALI Zone instead of C for Conditional Use. Council Member Molloy SECONDED the motion. Councilor Molloy inquired about governmental buildings within the zoning district and whether they would become a non - conforming use, to which the Planner agreed. Councilor Knackstedt recommended a footnote for existing governmental buildings. UNANIMOUS CONSENT was requested. There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend the Land Use Table 14.22.010 to make the Miscellaneous Use of "Assemblies (Large: Circuses, Fairs, Etc.)" a P for Permitted Use in the ALI Zone instead of N for Not Permitted Use. Council Member Boyle SECONDED the motion. Molloy inquired as to whether the carnival would be prohibited on airport land; City Planner Kelley advised that it's considered a public assembly and was permitted. UNANIMOUS CONSENT was requested. There being no objections, SO ORDERED. Molloy inquired as to what the recommendation from the Commission was for marijuana uses on airport land; Kelley noted that those uses were not permitted, as those parcels were owned by the City of Kenai. City Planner Kelley advised that the Land Use Table as presented does not include the zones related to marijuana. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the ordinance until the June 1 meeting to allow the Land Use Table to be updated. Council Member Boyle SECONDED the motion. Council Member Knackstedt advised that he attended both the Airport and Planning Commission meetings and it was discussed that marijuana retail and cultivation would not be permitted on City land. Navarre and Porter spoke in opposition to postponement. VOTE: YEA: Molloy, Boyle NAY: Knackstedt, Gabriel, Porter, Navarre MOTION FAILED. MOTION TO AMEND: City of Kenai Council Meeting Page 10 of 19 May 18, 2016 Council Member Navarre MOVED to amend the presented Land Use Table 14.22.010 to include ALI Zone pertaining to marijuana uses to N for Not Permitted. Council Member Boyle SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Porter, Navarre, Molloy NAY: Boyle MOTION PASSED. VOTE ON MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Porter, Navarre, Molloy, Boyle NAY: MOTION PASSED. [Clerk's Note: Council addressed Resolution 2016 -19, which was previously tabled, as the next item of business.] MOTION TO AMEND: Council Member Navarre MOVED to amend the increase of airport apron rental rate per square foot be based on a 6 -year plan versus a 5 -year plan at 0.528. Council Member Knackstedt SECONDED the motion. VOTE ON AMENDMENT: YEA: Knackstedt, Gabriel, Porter, Navarre NAY: Boyle, Molloy MOTION PASSED. VOTE ON MAIN MOTION AS AMENDED: UNANIMOUS CONSENT was requested. There being no objections, SO ORDERED. 4. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2885 -2016 and the motion was SECONDED by Councilor Navarre. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public _ hearing was closed. City of Kenai Council Meeting Page 11 of 19 May 18, 2016 MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the ordinance until the July 6 meeting. Council Member Boyle SECONDED the motion. VOTE: YEA: Molloy, Boyle NAY: Knackstedt, Gabriel, Porter, Navarre MOTION FAILED. It was clarified that the effective date didn't need to be amended. VOTE: YEA: Knackstedt, Navarre, Gabriel, Porter NAY: Boyle, Molloy MOTION PASSED. 5. Ordinance No. 2888 -2016 — Accepting and Appropriating a Federal Grant from the US Department of Agriculture, US Forest Service Passed Through the State of Alaska Department of Natural Resources, Division of Forestry. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2888 -2016 and the motion was SECONDED by Councilor Boyle. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Knackstedt, Navarre, Gabriel, Porter, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2889 -2016 — Increasing Estimated Revenues and Appropriations by $88,339 in the General Fund to Provide Supplemental Funds for Fiscal Year 2016 due to an Unforeseen Loss of Revenue from the Choice Waiver Meal Program. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2889 -2016 and the motion was SECONDED by Councilor Knackstedt. City of Kenai Council Meeting Page 12 of 19 May 18, 2016 Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Knackstedt, Navarre, Gabriel, Porter, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 7. Resolution No. 2016 -20 — Awarding Non - Exclusive On- Airport Car Rental Concessions to Corporate Sales & Leasing, Inc. D /B /A Budget Rent a Car and Alaska Rent a Car, Inc., D /B /A Avis for the Period July 1, 2016 Through June 30, 2021. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2016 -20 and the motion was SECONDED by Councilor Boyle. UNANIMOUS CONSENT was requested. Vice 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. 8. Resolution No. 2016 -21 — Awarding a Contract for Management Services at the City of Kenai Multi- Purpose Facility for Summer Ice. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2016 -21 and the motion was SECONDED by Councilor Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Navarre MOVED to amend by inserting the words, "Vince Redford d /b /a/ Red Line Sports' in the blank in the sixth whereas and in the blank in Section 13he motion was SECONDED by Councilor Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON AMENDMENT: There being no objections, SO ORDERED. City Manager Koch advised the monthly agreement related to utility is currently based on actual costs rather than projected costs. It was requested to have the skate schedule available on the website. Koch noted that curling lanes were going to be provided this year. VOTE ON MAIN AS AMENDED: City of Kenai Council Meeting Page 13 of 19 May 18, 2016 YEA: Knackstedt, Navarre, Gabriel, Porter, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 9. Resolution No. 2016 -22 — Awarding an Agreement for the Purchase of a Columbarium. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -22 and the motion was SECONDED by Councilor Navarre. UNANIMOUS CONSENT was requested. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. City Manager Koch advised that the base of the columbarium had already been established. MOTION PASSED UNANIMOUSLY. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Work Session of April 30, 2016 Meeting Summary approved by the consent agenda. 2. *Regular Meeting of May 4, 2016 Minutes were approved by the consent agenda. 3. *Special Meeting of May 9, 2016 Minutes were 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. *Ordinance No. 2890 -2016 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2016 and Ending June 30, 2017. City of Kenai Council Meeting Page 14 of 19 May 18, 2016 Introduced by the consent agenda and public hearing set for June 1, 2016. 4. *Ordinance No. 2891 -2016 —Accepting and Appropriating a Grant for $1,361.94 from the Alaska Police Standards Council for Police Department Training. Introduced by the consent agenda and public hearing set for June 1, 2016. 5. *Ordinance No. 2892 -2016 — Amending Title 2- Alcoholic Beverages, to Add Provisions for Reviewing State Commercial Marijuana Establishment License Applications and Make Other Housekeeping Changes. Introduced by the consent agenda and public hearing set for June 1, 2016. 6. *Ordinance No. 2893 -2016 — Amending Kenai Municipal Code Section 14.20.290 — Appeals — Board of Adjustment, to Allow Board of Adjustment Hearings to be Held within 45 Days of the Filing of an Appeal Instead of 30 Days Introduced by the consent agenda and public hearing set for June 1, 2016. 7. *Ordinance No. 2893 -2016 — Appropriating a Grant from the Federal Aviation Administration forthe Airfield Marking, Signage, and Asphalt Crack Sealing 2015 -2016 Project and Awarding a Construction Contract to Lakloey, Inc. Introduced by the consent agenda and public hearing set for June 1, 2016. 8. Action /Approval — Revise the Harbor Commission Meeting Start Time Pursuant to Policy from 7:00 p.m. — 6:00 p.m. MOTION: Mayor Porter MOVED to revise the Harbor Commission meeting start time to 6:00 p.m. and the motion was SECONDED by Council Member Navarre. VOTE: YEA: Knackstedt, Navarre, Gabriel, Porter NAY: Boyle, Molloy MOTION PASSED. 9. Action /Approval — Approval of Special Use Permit to Reddi Towing & Salvage, LLC for an Impound Lot. MOTION: Council Member Navarre MOVED to approve a special use permit to Reddi Towing and Salvage, LLC for an Impound Lot and the motion was SECONDED by Council Member Knackstedt. VOTE: City of Kenai Council Meeting Page 15 of 19 May 18, 2016 YEA: Knackstedt, Navarre, Gabriel, Porter, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 10. Action /Approval — Renewal of Shore Fishery Leases. MOTION: Council Member Molloy MOVED to approve seven shore fishery leases and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Navarre, Gabriel, Porter, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 11. Action /Approval — Schedule a Board of Adjustment Hearing for an Appeal filed by Jeffery M. Twat, Appealing the Animal Control Officer's Action on an Application for a Personal Kennel License to Keep Four or More Dogs on the Premises Located at 1808 Julie Anna Drive, Kenai, AK 99611. Council Member Molloy noted that he had been recused from participating in the hearing due a conflict of interest. Council concurred to schedule the hearing on June 21, 2016 beginning at 6:00 p.m. 12. Action /Approval — Direct the City Manager to Draft Resolutions to Authorize Kenai Peninsula Housing Initiatives Site Control of City Properties for Potential Future Senior and Affordable Housing Projects. (Clerk's Note: The Council may convene in executive session to discuss this matter pursuant to AS 44.62.310(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.] MOTION: Council Member Navarre MOVED to direct the City Manager to draft resolutions to authorize Kenai Peninsula Housing Initiatives site control of City properties for potential future senior and affordable housing projects and the motion was SECONDED by Mayor Porter. MOTION TO DIVIDE THE QUESTION: Council Member Molloy MOVED divide the question. Motion did not move forward due to a lack of a second. City of Kenai Council Meeting Page 16 of 19 May 18, 2016 City Manager Koch requested to address Council in executive session regarding agenda items G12 & G.13 as the same property was discussed in both matters. MOTION TO SUSPEND THE RULES: Council Member Molloy MOVED to suspend the rules to place both agenda items on the floor and to convene in executive session on both matters to discuss matters pursuant to AS 44.62.310(c)(1)(3) matters 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. The motion was SECONDED by Mayor Porter. VOTE: YEA: Knackstedt, Navarre, Gabriel, Porter, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. [Clerk's Note: Mayor Porter exited the meeting at 10:31 p.m. prior to reconvening in open session.] Council reconvened in open session. MOTION TO AMEND: Council Member Boyle MOVED to amend to give direction to the City Manager to donate two parcels to the Kenai Peninsula Housing Initiatives, parcel locate on 1207 Second Avenue and a parcel located on 2300 on Redoubt Avenue. Council Member Molloy SECONDED the motion. Council spoke in favor of the City Manager providing the donations to Council for approval via resolutions. Knackstedt and Gabriel spoke in favor of both projects being placed on parcels located on Redoubt Avenue. VOTE ON AMENDMENT: YEA: Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN: YEA: Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 13. Action /Approval — Unsolicited Offer to Purchase /Donate Property Located at 1207 Second Avenue, Kenai AK, KPB ID 04317003; and Located at 2300 Redoubt Avenue, Kenai AK, KPB ID 03901018. (Clerk's Note: The Council may convene in executive session to discuss this matter pursuant to AS 44 62 310(c)(1)(3) a matter of which the City of Kenai Council Meeting Page 17 of 19 May 18, 2016 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.] MOTION: Council Member Navarre MOVED to direct the City Manager to reject the offer and that if the lot becomes available at a later date it be available for open bid. The motion was SECONDED by Council Member Boyle. VOTE: YEA: Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — May meeting was cancelled; next meeting 6/9. 2. Airport Commission — It was reported that the next meeting was scheduled on 6/9. 3. Harbor Commission — no report; meeting summary was provided in the packet. 4. Parks and Recreation Commission — had a presentation regarding a joint grant for updating one of the City's parks; OMA and parliamentary training; next meeting 6/2. 5. Planning and Zoning Commission — It was reported that the Commission met on May 11 and approved a conditional use permit for a lodge; next meeting 5/25. 6. Beautification Committee — meeting summary was provided in the packet; next meeting 9/13. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Vice Mayor Gabriel reported on the following: • Attended the Kenai Central High School graduation • Attended the Kenai Alternative School graduation • Advised of the upcoming Special Olympics Torch Run • Thanked Chief Sandahl for his services and complimented his leadership ADMINISTRATION REPORTS 1. City Manager reported on the following: • Vintage Pointe on -site manager contract should be before Council for approval the second meeting in June. City of Kenai Council Meeting Page 18 of 19 May 18, 2016 • Strike City 907 will be submitting a business plan and financial plan for the Bowling Alley • Advised of the upcoming Kenai Rotary Club Soap Box Derby • Update on legislative session • South Beach access update; temporary closure of the section line easement 2. City Attorney — reported that the Marijuana Control Board's on -site regulations were available for comment and that he would forward them to Council. 3. City Clerk — no report. K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Councilor Knackstedt thanked Chief Sandahl for his services and wished he'd gotten to know him better; impressed with the south beach access road. Council Member Navarre noted he attended the local school graduations, and thanked Chief Sandal for his services and wished him luck. Council Member Molloy thanked Chief Sandahl for his services and wished him well; thanked residents for providing input on legislation. Council Member Boyle thanked Chief Sandahl for his service and thanked him for his professionalism and for being a role model in the community. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:52 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of May 18, 2016. �a an ra Modigh, CIVIC , ity Clerk eri' City of Kenai Council Meeting Page 19 of 19 May 18, 2016