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HomeMy WebLinkAbout2016-07-06 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JULY 6, 2016 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 6, 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 Henry Knackstedt Terry Bookey Mike Boyle A quorum was present. Also in attendance were: Robert Molloy Tim Navarre (telephonic) Brian Gabriel, Vice Mayor "Mackenzie Lindeman, Student Representative Terry Eubank, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Agenda Approval Vice Mayor Gabriel noted the following items to be added to the packet: Add to Item D. 1 Ordinance No. 2904 -2016 Correspondence received from Duane Bannock Add to Item D. 4 Resolution No. 2016 -32 • Correspondence received from Lindsay Olsen Add to Item E. 3 Minutes • Regular Minutes of May 18, 2016 (draft) Add to Item J. 1 City Manager Report Public Service Announcement MOTION: Council Member Molloy MOVED to approve the agenda with requested additions to the packet and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy 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 C. UNSCHEDULED PUBLIC COMMENTS Jack Sinclair, Executive Director of the Kenai Watershed Forum, thanked Council for their support of the Kenai River Festival, noting it had been taking place for 26 years; advised that two youth received an iPad mini which the donated funds helped purchase. He also noted that the Agency's education specialist worked with Kenai Middle School and Kaleidoscope Elementary School and that their agency helped with beach clean -up. D. PUBLIC HEARINGS 1. Ordinance No. 2904 -2016 — Determining that Lot 4A, Block 3, Cook Inlet Industrial Air Park Subdivision, 2014 Replat, Owned by the Airport Outside the Airport Reserve is Not Needed for a Public Purpose and Authorizing the Sale of the Parcel to Schilling Rentals, a Partnership Owned by David and Michael Schilling. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2904 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. City of Kenai Council Meeting Page 2 of 9 July 6, 2016 MOTION: Council Member Navarre MOVED to postpone to the first meeting in August and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Bookey NAY: Boyle "Student Representative Lindeman: YEA MOTION PASSED. 2. Ordinance No. 2905 -2016 — Increasing Estimated Revenues and Appropriation and Authorizing a Budget Transfer in the Vintage Pointe Enterprise Fund and Awarding a Contract for a Resident (On -Site) Maintenance Manager for the Vintage Pointe, Congregate Housing Facility. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2905 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Boyle, Bookey NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2016 -31 — Opposing Kenai Peninsula Borough Ordinance 2016 -25 as Introduced, which Proposes to Reduce Borough Planning Commission Membership and Eliminate the Designated Seat for the City of Kenai. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -31 and the motion was SECONDED by Councilor Molloy. UNANIMOUS CONSENT was requested. Vice Mayor Gabriel opened the public hearing. Jim Glendening spoke in favor, noting the Commission's duty to provide an informed perspective on needs and land use issues, and advise the City Council and Borough Assembly. He also noted that Alaska Statute, Title 29 indicated planning, platting and land use authority rested with the boroughs pointing out that the Kenai Peninsula Borough retains the ultimate planning and platting authority, though zoning and land use had been delegated to the City. He further noted City of Kenai Council Meeting July 6, 2016 that the population of Kenai and Soldotna combined, was over 20% of borough population and over 35% of tax revenue, suggesting each City deserved representation. There being no one else wishing to be heard, public comment was closed. It was clarified that the effort to reduce the Planning Commission from thirteen to nine was understandable, but the plan combined Soldotna and Kenai, while allowing Seward to retain its seat was unfair representation. It was suggested that because the borough was the platting authority, cities having zoning powers should have representation on the Commission. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2016 -32 — Approving a Policy for the Sale of Ten Specific Airport Owned Leased Lands with Substantial Constructed Leasehold Improvements. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -32 and the motion was SECONDED by Councilor Molloy. Vice Mayor Gabriel opened the public hearing. Donald Moffits noted he was supportive of transferring the properties to the entities that built the structures as banks wouldn't lend using leased property as collateral. He also asked if the appraised value was a value the City put on the property or a private appraiser. Sid Morris spoke in favor of the policy noting he had leased property from the City for over twenty years. He also spoke in favor of an honest and fair process noting different rates being paid by different leaseholders and purchasers. There being no one else wishing to be heard, the public hearing was closed. It was suggested that a lease value was more valuable to the City than a private person and noted there was no requirement for leaseholders to leave the buildings on the properties. It was noted that the policy had been requested due to several unsolicited offers being made since the most recent appraisal and deserved thought. It was further noted that the City was never obligated to sell at the end of the term of the leases. There was also suggestion that airport reserve lands should be kept and not sold as there were other methods for economic development than selling lands and selling the land was not in the best interest of the City or its future. It was noted that putting the policy into place effectively offered ten properties in spirit, though the resolution indicated it was not an offer for sale to anyone. MOTION: Council Member Molloy MOVED to postpone to the next meeting and the motion was SECONDED by Councilor Bookey. City of Kenai Council Meeting Page 4 of 9 July 6, 2016 VOTE: YEA: Knackstedt, Bookey, Gabriel, Boyle, Molloy, Navarre NAY: "Student Representative Lindeman: YEA MOTION PASSED. 5. Resolution No. 2016 -33 — Awarding an Agreement to Peninsula Pumping, Inc. for Portable Restrooms and Dumpster Service during the 2016 Personal Use Fishery. MOTION: Council Member Bookey MOVED to adopt Ordinance No. 2016 -33 and the motion was SECONDED by Councilor Knackstedt. 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. 6. Resolution No. 2016 -34 — Cancelling the July 20, 2016 Regularly Scheduled City Council Meeting. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2016 -34 and requested UNANIMOUS CONSENT. 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. Unanimous consent was objected. It was clarified that all agenda items moving forward were not time sensitive. It was noted that the entire City would be busy with dipnet fishery and suggested that staff could be given a reprieve. There was concern regarding the public's ability to address the Council; it was noted that emailing and phone calls were available means for addressing the Council members. VOTE: YEA: Knackstedt, Gabriel, Navarre NAY: Boyle, Molloy, Bookey " Student Representative Lindeman: YEA MOTION FAILED. City of Kenai Council Meeting Page 5 of 9 July 6, 2016 E. MINUTES 1. *Regular Meeting of June 15, 2016 Meeting Summary approved by the consent agenda. 2. *Special Meeting of June 16, 2016 Minutes were approved by the consent agenda. 3. *Regular Meeting of May 18, 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. 2906 -2016 — Appropriating Transfers for FY2017 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, the Kenai Recreation Center Improvements Capital Project Fund, and the Kenai Senior Center Improvements Capital Project Fund. Introduced by the consent agenda and public hearing set for July 20, 2016. Council Member Bookey left the meeting at 6:53 P.M. Mayor Porter joined the meeting at 6:53 P.M. MOTION: Council Member Knackstedt MOVED to reconsider postponement of Resolution No. 2016 -34 and the motion was SECONDED by Councilor Navarre. VOTE: YEA: Knackstedt, Bookey, Gabriel, Boyle, Molloy, Navarre NAY: * *Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 6 of 9 July 6, 2016 [Clerk's Note: The effect of the reconsideration motion put the motion to adopt Resolution No. 2016 -34 back on the floor for consideration.] MOTION: Council Member Knackstedt MOVED to postpone to the first meeting in August and the motion was SECONDED by Councilor Molloy. UNANIMOUS CONSENT was requested. VOTE: There was no objection; SO ORDERED. 4. Action /Approval — Special Use Permit to Pacific Star Seafood for a Fish Haul. MOTION: Mayor Porter MOVED to approve a special use permit to Pacific Star Seafood for a Fish Haul and the motion was SECONDED by Council Member Molloy. VOTE: YEA: Porter, Gabriel, Boyle, Navarre, Knackstedt, Molloy NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 5. Action /Approval — Consent to Assignment of Restaurant Concession Agreement from PS241, LLC, d /b /a Odie's to Double O Express, LLC. MOTION: Council Member Knackstedt MOVED to approve assignment of restaurant concession agreement from PS241, LLC, d /b /a Odie's to Double O Express, LLC. and the motion was SECONDED by Mayor Porter. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 6. Action /Approval — Consent to Sublease by the City of Kenai, for Sublease from SOAR International Ministries, Inc. to North Air, Inc. for the Parcel Known as Lot 3, Block 1, General Aviation Apron — 125 FBO Road. MOTION: Council Member Molloy MOVED to approve the consent to sublease by the City of Kenai, for sublease from SOAR International Ministries, Inc. to North Air, Inc. for the Parcel Known as Lot 3, Block 1, General Aviation Apron — 125 FBO Road and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 7. Action /Approval — Schedule a Board of Adjustment Hearing for an Appeal Filed by Ronald and Deniece Isaacs, Appealing the Decision of the Planning and Zoning City of Kenai Council Meeting Page 7 of 9 July 6, 2016 Commission to Deny a Conditional Use Permit for a Marijuana Retail Store and Limited Cultivation Located at 11888 Kenai Spur Highway, Swanson Square #3, Kenai, AK. It was decided a hearing would be held on August 9, 2016 at 5:00 P.M. 8. Action /Approval — Recruitment Process for Hiring a City Manager. A salary range was discussed; it was decided the manager's suggestion was consistent with the position elsewhere. It was noted that the process presented was a starting point and adjustments would be made. Appreciation was expressed for the revised job description. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — No report; next meeting 7/13 2. Airport Commission — It was noted the new "No Drone Zone" signs had been put into place; next meeting 7/14 3. Harbor Commission — No report; next meeting 7/11 4. Parks and Recreation Commission — No report; next meeting 8/4 5. Planning and Zoning Commission — It was reported that at their last meeting, a preliminary plat of Wildrose Subdivision had been approved and a public hearing held for a Conditional Use Permit for a marijuana store which was denied; Comprehensive Plan work sessions were ongoing; next meeting 7/13 6. Beautification Committee — No report; next meeting 9/13 7. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Presented Fiacco Wilson with 100 red roses as she had just turned 100. Vice Mayor Gabriel reported on the following: • Former Student Representative Allie Ostrander had qualified to run at the Olympic trials. • Threw the first pitch for the local World Series games. J. ADMINISTRATION REPORTS 1. Acting City Manager reported on the following: • Noted the Public Service Announcement regarding closing Cannery Road. City of Kenai Council Meeting Page 8 of 9 July 6, 2016 • The dipnet fishery was in full swing. 2. City Attorney — no report. 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 noted he hosted Coffee with the Mayor where he learned of wooden hull Bristol Bay fishing boat that had been donated by the Hutchings family and signage below the bluff needed replaced. Council Member Molloy thanked his colleagues for the postponement of the policy for selling properties. Mayor Porter noted she had been out of town and thanked those that filled in for her in her absence. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:27 p.m. I certify the above repres s' cc -yrate minutes of the Kenai City Council meeting of July 6, 2016. "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 9 of 9 July 6, 2016