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HomeMy WebLinkAbout2016-09-21 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 21, 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 September 21, 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 Mike Boyle (absent) A quorum was present. Also in attendance were: Robert Molloy (absent) Tim Navarre Brian Gabriel, Vice Mayor "Mackenzie Lindeman, Student Representative Rick Koch, 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. 2917 -2016 • Memorandum to Postpone • Correspondence from Ryan Marquis • Correspondence from Shelia Holtzen • Correspondence from Bridgit Gillis Add to Item E. 1. Minutes • `Special Meeting of September 6, 2016 Add to Item G. 9. City Manager Recruitment • Memorandum from Councilor Molloy Move Item D. 6. to the Ordinance 2922 -2016 — Accepting and Appropriating a Grant from first item to be considered the Rasmuson Foundation for Restoration of a Historic City of Kenai under Public Hearings Fire Truck. MOTION: Council Member Navarre MOVED to approve the agenda with requested additions to the packet and changes to the agenda and requested UNANIMOUS CONSENT. Council Member Bookey 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 Bookey 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 [Clerk's Note: This item was moved during Agenda Approval.] 6. Ordinance No. 2922 -2016 —Accepting and Appropriating a Grant from the Rasmuson Foundation for Restoration of a Historic City of Kenai Fire Truck. MOTION: Council Member Knackstedt MOVED to adopt Ordinance No. 2922 -2016 and the motion was SECONDED by Councilor Bookey. Vice Mayor Gabriel opened the public hearing. John Williams reported on the progress of the restoration of the fire truck; noted the amount of the grant was $3,500 and he was grateful. He noted that the newspaper had done a story on the City of Kenai Council Meeting Page 2 of 12 September 21, 2016 project and advised that donations were still being accepted. He pointed out that First National Bank Alaska, Morgan Steel and Peterkin had provided donations but had been left out of the article and that Alyeska Tire had contributed six original military type tires. Finally, he noted the project had been well accepted by the community. There being no one else wishing to be heard, public comment was closed. VOTE: YEA: Bookey, Knackstedt, Navarre, Porter, Gabriel NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 1. Ordinance No. 2917 -2016 —Amending Kenai Municipal Code Section 3.10.020 — Control and Confinement of Animals, to Require Cats in the City to be Restrained at all Times. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2917 -2016 and the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing. Shauna Thornton spoke against the ordinance noting she is a responsible cat owner and that her cats are allowed to be in her yard; pointed out that cats were not going to be happy on leashes. Heather Morning spoke against the ordinance noting it would create a burden on animal control; wildlife do more damage to yards than cats; can't contain cats in the same manner as dogs. She pointed out that she understood the difficulty finding a solution for cats; suggested requiring rabies vaccinations or licensing as more effective options. There being no one else wishing to be heard, public comment was closed. It was noted that a lot of correspondence had been received, both pro and con, and the manager would be providing a report at the next meeting. MOTION: Council Member Navarre MOVED to postpone to the October 5 meeting and the motion was SECONDED by Council Member Knackstedt. It was clarified that the shelter's budget was sufficient for sheltering the animals; the community liked to participate and donate to the shelter and donating food was an easy way for involvement. It was requested that more time be provided for researching data regarding complaints and requests for live traps. VOTE: City of Kenai Council Meeting Page 3 of 12 September 21, 2016 YEA: Knackstedt, Gabriel, Navarre, Porter, Bookey NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2918 -2016 —Waiving Certain Lease Provisions Imposed by Kenai Municipal Code Chapter 21.10 — Leasing of Airport Reserve Lands, and Approving a Non - Standard Form of Lease for the Lease of Lot 5, FBO Subdivision No. 8, According to Plat No. 2004 -85, Located within the Airport Reserve, to Soar International Ministries, Inc. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2918 -2016 and the motion was SECONDED by Council Member Navarre. Vice Mayor Gabriel opened the public hearing. Richard Page noted there were items in the lease that needed addressed; rents and fees were below what Kenai Municipal Code provided for, and only five years were provided for as lease payment credits for development when a legacy lease provided for ten years of credits. He pointed out that the intent was to bring power and taxiway to the project. There being no one else wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2918 -2016 by changing the lease price in Article 4 to $25,088.00, and the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2918 -2016 by changing the fifty foot setback to twenty feet in the last sentence of item #7 in Article 14, and the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. It was clarified the lease payment incentive in the legacy lease was due to unique problems the property had due to being used as a source for borrowing fill and then as a waste site; noted that the incentive was not intended to pay for all costs of development. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Navarre, Bookey, Porter NAY: " "Student Representative Lindeman: YEA City of Kenai Council Meeting Page 4 of 12 September 21, 2016 MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2919 -2016 — Determining that Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition, City -Owned Airport Property Located Outside the Airport Reserve, is Not Needed for a Public Purpose and Authorizing the Sale of the Property to Dean You, or His Assignee. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2919 -2016 and the motion was SECONDED by Councilor Bookey. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. An amendment was requested to change the type of deed from a quitclaim deed to a warranty deed for conveying the title in Section 5 as the title company had prepared a warranty deed. MOTION TO AMEND: Council Member Bookey MOVED to amend Ordinance No. 2919 -2016 by changing the word Quitclaim to Warranty in Section 5 and the motion was SECONDED by Councilor Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Navarre, Bookey, Porter NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2920 -2016 — Increasing Estimated Revenues and Appropriations by $4,206 in the Airport Fund, by $62,981 in the General Fund, and Amending KMC 23.50.010 for the Creation of a Fulltime Human Resource Director Position. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2920 -2016 and the motion was SECONDED by Councilor Navarre. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that the topic of hiring a Human Resources specialist had been considered when adopting the budget; administration was asked why the change in opinion. Administration explained that due to decreased costs in healthcare, and the demands the human resource function put on the manager's administrative assistant were reasons for the change in opinion. City of Kenai Council Meeting Page 5 of 12 September 21, 2016 Fiscal uncertainty, the potential for healthcare costs to increase over the next few years, and hiring a new City Manager were concerns that were pointed out. There was suggestion that the discussion was more appropriate during adoption of the budget. It was clarified that the job classification was already in place already; further clarified the title indicated on the agenda was incorrect as the position should be listed as a director, not an officer. Administration noted that the manager's administrative assistant was responsible for lands management and the human resources function, but was spending all of their time on human resources. Also noted that creating the position would provide the new City Manager with a staff person dedicated to the human resource function and a full time assistant. MOTION: Mayor Porter MOVED to postpone to October 5 and the motion was SECONDED by Councilor Navarre. VOTE: YEA: Gabriel, Navarre, Porter NAY: Bookey, Knackstedt "Student Representative Lindeman: YEA MOTION PASSED. 5. Ordinance No. 2921 -2016 — Appropriating Funds in the General and City Dock Capital Project Funds for Engineering and Design Services to Repair Damage to the Kenai City Dock Caused by Age and the January 2016, 7.1 Magnitude Earthquake that Shook the Cook Inlet Region. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2921 -2016 and the motion was SECONDED by Councilor Navarre. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Gabriel, Navarre, Bookey, Porter NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2922 -2016 — Accepting and Appropriating a Grant from the Rasmuson Foundation for Restoration of a Historic City of Kenai Fire Truck. City of Kenai Council Meeting Page 6 of 12 September 21, 2016 (Clerk's Note: This item was moved to be the first item considered under Public Hearings during Agenda Approval.) 7. Ordinance No. 2923 -2016 — Amending Kenai Municipal Code Section 21.05.020 — Airport Reserve Boundary Map, to Relocate the Airport Reserve Boundary from the Kenai Spur Highway to the North Side of Cohoe Avenue and to Replace the Airport Reserve Boundary Map in Appendix I of Chapter 21.05 — Airport Administration and Operation with a New Updated Map. MOTION: Council Member Knackstedt MOVED to adopt Ordinance No. 2923 -2016 and the motion was SECONDED by Councilor Navarre. Vice Mayor Gabriel opened the public hearing. Don Moffits spoke in favor of the ordinance noting the plans for the airport have not been to expand that direction. There being no one else wishing to be heard, public comment was closed. It was noted that the airport was not moving that direction and the land was not needed for airport operations. Administration was thanked for bringing forth the ordinance. MOTION: Council Member Bookey MOVED to amend by inserting the word, "enact," indicating that the Airport Commission recommended that the City Council enact this ordinance and the motion was SECONDED by Councilor Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Bookey, Knackstedt, Navarre, Porter, Gabriel NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1. *Special Meeting of September 6, 2016 Meeting minutes approved by the consent agenda. 2. *Special Meeting of September 14, 2016 Meeting minutes approved by the consent agenda. City of Kenai Council Meeting Page 7 of 12 September 21, 2016 UNFINISHED BUSINESS Ordinance No. 2915 -2016 — Amending KMC Section 4.32.15 -Local Amendments to the 2012 International Residential Code, by Making Local Amendments to the 2012 Edition of the International Residential Code Regarding Smoke Alarms in Crawl Spaces. [Clerk's Note: At its meeting on September 7, 2016, Council approved a motion to postpone the enactment of this ordinance; a motion to enact is on the floor.] It was clarified that an amendment in the ordinance that appeared to be an incomplete sentence amended something written in a book that was adopted by reference and the effect was adding back in that a smoke detector was to be hard wired in a crawl space. VOTE: YEA: Bookey, Knackstedt, Navarre, Porter, Gabriel NAY: * *Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 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. *'Ordinance No. 2924 -2016 — Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the Small Taxiways and Aircraft Tie -Down Rehabilitation 2015 -2016 Project. Introduced by the consent agenda and public hearing set for October 5, 2016. 4. *Ordinance No. 2925 -2016 — Appropriating Funds in the Vintage Pointe Enterprise Funds for Unbudgeted Repairs to the Facility's Elevator. Introduced by the consent agenda and public hearing set for October 5, 2016. 5. Action /Approval — Approving a Special Use Permit to Empire Airlines, Inc. for Aircraft Loading and Parking on the Apron. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to Empire Airlines, Inc. for Aircraft Loading and Parking on the Apron and the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 8 of 12 September 21, 2016 6. Action /Approval —Approving a Special Use Permit to Evert's Air Fuel, Inc. for Aircraft Loading and Parking on the Apron. MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit to Evert's Air Fuel, Inc. for Aircraft Loading and Parking on the Apron and the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 7. Action /Approval — Approving a Special Use Permit to Evert's Air Fuel, Inc. to Purchase and Take Delivery of Bulk Fuel Delivered to Aircraft on the Apron. MOTION: Council Member Knackstedt MOVED to Approve a Special Use Permit to Evert's Air Fuel, Inc. to Purchase and Take Delivery of Bulk Fuel Delivered to Aircraft on the Apron and the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. Action /Approval — Authorizing Notification of Non - Objection to the Alaska Alcohol and Marijuana Control Office for the Issuance of a Retail Marijuana Store License Application to Red Run Cannabis Company, LLC. MOTION: Council Member Bookey MOVED to Authorize a Notification of Non - Objection to the Alaska Alcohol and Marijuana Control Office for the Issuance of a Retail Marijuana Store License Application to Red Run Cannabis Company, LLC. and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 9. Action /Approval — City Manager Recruitment There was suggestion that an opportunity to enter Executive Session was important and that there was a benefit to the currently seated Council weighing in. It was also suggested that no action should be taken until after certification of the election. The point was made that a Council several years ago had made the decision to hire the current manager and that there was a due diligence to keep the process moving forward. It was decided a Special Meeting would be held on September 28 at 6:00 p.m. at the library with an opportunity to enter into Executive Session provided on the agenda. H. City of Kenai Council Meeting Page 9 of 12 September 21, 2016 1. Council on Aging — Met September 8, Ken Youngberg, a clinical social worker specializing in mental health, particularly, anxiety and depression, spoke and a potential policy regarding service dogs and emotional support dogs was discussed; next meeting October 13 2. Airport Commission — Next meeting October 13 3. Harbor Commission — No report; next meeting October 10 4. Parks and Recreation Commission — No report; next meeting October 6 5. Planning and Zoning Commission — It was reported that the Commission had recommended moving the airport reserve boundary line; next meeting September 28. 6. Beautification Committee — The committee went on a tour of the City's gardens; next meeting October 11 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Thanked the Vice Mayor for filling in; would be back Sunday; husband was doing well after surgery. Vice Mayor reported on the following: • Attended the Joint Chamber of Commerce meeting where Senate Bill 100, providing tax incentives to Agrium, was signed by Governor Walker. • Attended the September meeting of the Kenai Historical Society. • Noted the Governor would be in town on October 12 and the City would be providing a report regarding work accomplished on the bluff erosion project and requesting re- appropriation of funding for the project. J. ADMINISTRATION REPORTS City Manager — R. Koch reported on the following: • Would provide a presentation on project at the next meeting. • Would be suggesting scheduling inside the airport reserve. the Beaver Loop road construction a work session regarding leases • Noted he would be asking the Governor to include re- appropriation for the bluff stabilization project for FY18 • Noted the Board of Fisheries was holding a work session to take testimony on 2017 Upper Cook Inlet proposals; would submit written and verbal testimony on twenty -four hour openings. • Noted the borough had asked the cities to pass resolutions objecting to the Sterling Highway bypassing Cooper Landing. City of Kenai Council Meeting Page 10 of 12 September 21, 2016 2. City Attorney — no report. 3. City Clerk — Provided upcoming important dates including absentee voting, Election Day, election canvassing, and certification of the election. It was clarified that ballots could be faxed, mailed or emailed to those voting out of state. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Richard Page suggested that the rental credits weren't made clear; noted the expenses had to be shown to be spent in order for credits to be provided. Also suggested Council look at the overall development of the airport noting enthusiasm from the Airport Manager and Airport Commission with regard to the project SOAR was planning to build, but felt he had to fight for it at the Council level. Pointed out there wasn't any other development taking place at the airport; leasing process took a year. Suggested aviation wasn't supported. Encouraged the Council to talk to airport tenants to hear what they had to say. 2. Council Comments Councilor Navarre noted he attended Coffee with the Mayor; thanked Mr. Page for his comments, agreed the airport was a gem; hoped legislation for Agrium was beneficial for them; encouraged everyone to get out and vote. Student Representative Lindeman reported that the football team had an upcoming game in Palmer; the Cross Country team was attending a regional meet in Soldotna; Student Body Leadership was organizing a spaghetti feed and auction to benefit an organization that hadn't been determined yet; last year's fundraiser raised $20,000 after a $10,000 match. Council Member Knackstedt noted the Joint Chamber of Commerce luncheon was informative; thought it was promising that Agrium was filing for their DEC permits already; expressed gratitude that Vice Mayor Gabriel attended the Historical Society meeting. L. EXECUTIVE SESSION — None Scheduled M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:24 p.m. I certify the above repres te minutes of the Kenai City Council meeting of September 21. 2016. City of Kenai Council Meeting Page 11 of 12 September 21, 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 12 of 12 September 21, 2016