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Home My WebLink About2016-07-20 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JULY 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 July 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. Roll Call There were present: Pat Porter, Mayor Henry Knackstedt Terry Bookey Mike Boyle A quorum was present. Also in attendance were: Rick Koch, City Manager Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Robert Molloy Tim Navarre Brian Gabriel, Vice Mayor (absent) Mayor Porter noted the following revisions to the agenda and packet: Remove Item G.6. Action /Approval • Special Use Permit to United Parcel Service (UPS) for Aviation Fueling on the Apron Fueling Area of Kenai Municipal Airport. MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. It was requested that item D.2, Resolution No. 2016 -35 also be removed from the agenda. 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 Bookey SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was requested that Ordinance No. 2908 -2016 be removed from the consent agenda. 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. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2906 -2016 and the motion was SECONDED by Council Member Bookey. Mayor Porter opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Bookey, Porter, Molloy, Boyle, Navarre NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2016 -35 —Expressing a Deep Sense of Urgency for the Alaska State Legislature to take Immediate Action During the Fifth Special Session of the 2911 of Kenai Council Meeting Page 20,2016 Legislature to Pass All Necessary Fiscal Legislation Required to Provide for a Fair, Balanced, And Sustainable State Budget. [Clerk's Note: This item was removed from the agenda at approval of the agenda.] E. MINUTES 1. *Regular Meeting of July 6, 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. 2907 -2016 — Increasing Estimated Revenues and Appropriations in the Airport Fund and in the Airport Improvement Capital Project Fund for Phase III Improvements at the Airport's Automated Flight Service Station Pursuant to Terms of the Lease Agreement for the Facility with the Federal Aviation Administration. Introduced by the consent agenda and public hearing set for August 3, 2016. 4. *Ordinance No. 2908 - 2016 — Approving and Adopting a Revised 2030 Comprehensive Plan Updated in 2016 for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. MOTION: Council Member Molloy MOVED to introduce Ordinance No. 2908 -2016 and the motion was SECONDED by Council Member Bookey. It was noted that the City Planner informed the Planning Commission that the Plan would be introduced on August 3, and public hearing held on August 17. It was also noted that those dates had been reported in the local newspaper and on social media. Additionally, it was pointed out that the Plan was not included in the packet. MOTION: Council Member Molloy MOVED to postpone to the August 31 meeting, and the motion was SECONDED by Council Member Bookey. It was suggested that introduction of the ordinance could be postponed, or a second public hearing could be added. City of Kenai Council Meeting Page 3 of 8 July 20, 2016 Staff confirmed that the agenda item was properly noticed in the newspaper. VOTE: YEA: Bookey, Molloy, Boyle, Navarre NAY: Knackstedt, Porter MOTION PASSED. 5. Action /Approval — Special Use Permit to CPD Alaska, LLC for Aviation Fueling on the Apron Fueling Area of Kenai Municipal Airport. MOTION: Council Member Bookey MOVED to approve a Special Use Permit to CPD Alaska, LLC for aviation fueling on the apron fueling area of Kenai Municipal Airport and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED 6. Action /Approval — Special Use Permit to United Parcel Service (UPS) for Aviation Fueling on the Apron Fueling Area of Kenai Municipal Airport. [Clerk's Note: This item was removed from the agenda at approval of the agenda.] 7. Action /Approval — Reschedule the Board of Adjustment Hearing for an Appeal Filed by Ronald and Deniece Isaacs, Appealing the Decision of the Planning and Zoning Commission to Deny a Conditional Use Permitfor a Marijuana Retail Store and Limited Cultivation Located at 11888 Kenai Spur Highway, Swanson Square #3, Kenai, AK. It was noted that appellants had a due process right to request the date be changed; it was further noted that there was preference to change the date change even if not all members of the Board could be present. It was decided to change the hearing date to August 23, 2016 at 6:00 P.M. H. 1. Council on Aging — It was reported that there was a presentation from K &A Architects regarding expansion of the senior center; next meeting August 11. 2. Airport Commission — It was reported that the movement of the airport reserve line was discussed; the airport manager had a meeting with the technical advisory team regarding their comments on the Master Plan; the Special Use Permit for CPD Alaska, LLC had been approved; also approved a sublease between Pingo Properties, LLC and Jan Marquis; next meeting August 11. 3. Harbor Commission — It was reported that the Commission approved classifying for lease, two parcels for set net fishing. It was also reported that the Commission wanted to pick up momentum on code changes relevant to the Commission's duties a Harbor City of Kenai Council Meeting Page 4 of 8 July 20, 2016 Master Plan, and clarification on the geographic definition of the harbor; next meeting August 8. 4. Parks and Recreation Commission — No report; next meeting August 4. 5. Planning and Zoning Commission — It was reported that on July 13, two preliminary plats were approved one to reorganize parcels, one to vacate easements and rights - of -way; recommended to Council to approve the Comprehensive Plan; recommend to Council to identify two parcels for lease for set net fishing; next meeting July 27. 6. Beautification Committee — No report. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Attended a town hall meeting at the senior center, hosted by K &A Architects where input for renovations to the senior center was sought; well attended. • Went to Cannery Lodge and welcomed visitors and the public to two concerts. • Noted she had heard of dipnetting concerns. • Would have more information regarding a partnership with the Kenaitze Tribe regarding a playground in Old Town. J. ADMINISTRATION REPORTS City Manager reported on the following: • Was advised that the dipnet fishery was to remain open for 24 hours beginning July 22; advised that he expressed concerns to Alaska Department of Fish and Game regarding unsafe hazards at night. • Noted a large influx of fishery users on Saturday. • Noted Senator Murkowski visit and observing the fishery. It was noted that the Councilors were not hearing many complaints regarding the fishery except the new drop off fee and frustration with barriers near Royal Street. The manager advised that the Coast Guard requested a Corps of Engineers permit next year for the barriers because two were below mean low tide, the Coast Guard also requested that the buoys marking the barriers be checked after each low tide to ensure that ropes were not tangled. 2. City Attorney — no report. 3. City Clerk — reported on the following: • Advised the primary election was to be held on August 16 with absentee and early voting available in City Hall August 1 to August 16. • Noted the Kenai Municipal election was to be held October 4 noting the candidate filing period was August 1 through August 15; City of Kenai Council Meeting Page 5 of 8 July 20, 2016 Advised that Kenai Municipal Code was silent on distribution of the candidate filing packets, checked the procedures of other communities and, if no objection, would make available one week prior to the beginning of the filing period. There was no objection. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Councilor Bookey noted the parking lot at the end of South Forest Drive was seeing a lot of activity by dipnetters including traffic to and from and drop offs, likely due to new fees. Councilor Navarre noted Mavis Cone's passing; expressed gratitude for her service and condolences to her family. Mayor Porter thanked the Kenai Police Department and dock personnel for their polite and accommodating demeanor during the dipnet fishery. Council Member Molloy thanked Kenai River Wolf Pack Rugby Football Club for holding their annual "Between the Tides Dipnet Tournament," again this year. Council Member Boyle echoed Councilor Bookey and Council Member Navarre's comments. L. EXECUTIVE SESSION 1. Airport Offer to Purchase Property, Kenai Peninsula Borough Parcel Number 04101013, Owned by Myrna Roche Near the Float Plane Basin for Airport Related Purposes. [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 Molloy MOVED to enter executive session pursuant to Alaska Statutes 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 to discuss the airport offering to purchase property, Kenai Peninsula Borough parcel number 04101013, owned by Myrna Rocha, near the float plane basin for airport related purposes, and request the presence of the City Manager and City Clerk, and the motion was SECONDED by Council Member Bookey. A no vote was requested since the matter was not time sensitive. VOTE: YEA: Knackstedt, Bookey, Gabriel, Navarre, Porter, Molloy NAY: Boyle of Kenai Council Meeting Page 6 of 8 20, 2016 MOTION PASSED. Council Reconvened in regular session. It was noted that direction was provided to the City Manager regarding offering to purchase property for airport related purposes. 2. City Offer to Purchase Two Lots, Kenai Peninsula Borough Parcel Numbers 04106202 and 04106201, owned by Douglas W. Cofer for the Purposes of Wellhead Protection. [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 Molloy MOVED to enter executive session pursuant to Alaska Statutes 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 to discuss to discuss the City offering to purchase two lots, Kenai Peninsula Borough parcel numbers 04106202 and 04106201, owned by Douglas W. Cofer for the purposes of wellhead protection and request the presence of the City Manager and City Clerk, and the motion was SECONDED by Council Member Bookey. VOTE: YEA: Knackstedt, Bookey, Navarre, Porter, Molloy NAY: Boyle MOTION PASSED. Council reconvened in regular session. It was noted that direction was provided to the City Manager regarding the City offering to purchase lots for the purposes of wellhead protection. 3. Unsolicited Offer to Purchase City Property Described as Tract A, Dragseth Subdivision 2016 Addition. [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 Molloy MOVED to enter executive session pursuant to Alaska Statutes 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 to discuss to discuss an unsolicited offer to purchase City property described as Tract A, Dragseth Subdivision 2016 Addition and request the presence of the City Manager and City Clerk, and the motion was SECONDED by Council Member Knackstedt. VOTE: City of Kenai Council Meeting Page 7 of 8 July 20, 2016 YEA: Knackstedt, Bookey, Navarre, Porter, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session. It was noted that direction was provided to the City Manager regarding an unsolicited offer to purchase City property described as Tract A, Dragseth Subdivision 2016 Addition. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:19 p.m I certify the above represents accurate minutes of the Kenai City Council meeting of July 20, 2016. 1 dti`\ ASn a Mod igh, CMC I—A, City of Kenai Council Meeting Page 8 of 8 July 20, 2016