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HomeMy WebLinkAbout2016-09-07 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 7, 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 7, 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: Robert Molloy Tim Navarre 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 Add to Item D. 6 MOTION: Ordinance No. 2908 -2016 Amendment Memorandum Ordinance No. 2916 -2016 Amendment Memorandum Council Member Molloy MOVED to approve the agenda with requested additions to the packet and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Navarre 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 Kenai Peninsula Borough Mayor Mike Navarre -- Presentation of the Two Tax Propositions that will be on the October 4, 2016 Borough -Wide General Election Ballot: 1) Raising the Taxable Transaction Cap for Borough Sales Tax to $1,000; and 20 Phasing in a Reduction in the Borough's Senior Citizen Property Tax Exemption. Mayor Navarre gave an overview of the ballot measures that would change the borough's taxing structures including senior property tax exemption and the sales tax cap. He noted that the purpose of asking the voters to consider changing the taxing structures was because it was found that there was a growing revenue disparity between the two means of taxing. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. 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 Knackstedt MOVED to enact Ordinance No. 2908 -2016 and the motion was SECONDED by Council Member Navarre. Vice Mayor Gabriel opened the public hearing; Barbara Christian spoke against the Land Use Map and Zoning Map suggesting two properties, one owned by the City (04901016), and one owned privately (04901056), should not be Industrial and instead, per the goals, be changed to either the Low Density Residential or the Parks, Recreational, and Open Space land use classifications as they were more compatible than the City of Kenai Council Meeting Page 2 of 23 September 7, 2016 Industrial classification, due to the nature of the view properties of Rogers Road. Also noted the Parks, Recreational, and Open Space classification would meet other goals, including the Quality of Life and the Parks and Recreation goals. Michael Christian echoed Barbara Christian regarding reclassification of the properties noting that the Parks, Recreational, and Open Space classification would preserve and protect water features and wetlands. Requested Council make an amendment to the Plan to change the classification of the properties from Industrial to Low Density Residential. Carol Freas spoke against the Comprehensive Plan noting the lack of City owned property for the protection of wetlands and wildlife. She pointed out that Council Member Molloy's amendments, provided in the laydown, would increase protection; specific parcels near the airport and Walker Lane were noted. She requested that buffer language be included in the plan. Kelly Kelso spoke regarding the need for protecting residential neighborhoods from commercial areas. Noted the petition that the Walker Lane residents circulated and signed; requested the residents wishes be honored and that buffer areas be protected. Richard Kelso spoke about the need to protect the Walker Lane buffer area noting the rejection of the 2013 Plan was due to commercial zoning on the Kenai Spur Highway and the voters' preference for protection of neighborhoods. Bob McIntosh spoke against the Comprehensive Plan noting he attended the first meeting and listened to recordings of the others; noted the residents had spoken before the Planning & Zoning Commission and City Council and their comments had been disregarded. There was question whether the business community had requested the land use classifications and zoning or if it was the planners and politicians. There being no one else wishing to be heard, public comment was closed. [Clerk's Note: The September 7 memo from the City Planner was referenced for the following amendments.] MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2908 -2016 as indicated by the first four items included in the September 7 memorandum from the City Planner and the motion was SECONDED by Council Member Molloy. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: " *Student Representative Lindeman: YEA MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2908 -2016 as indicated by item five included in the September 7 memorandum from the City Planner which replaced the second City of Kenai Council Meeting Page 3 of 23 September 7, 2016 paragraph under section 4.3.2 Education with the following: "In addition, the citizens of Kenai have access to college courses at the Alaska Vocational Technical Center ( AVTEC) which is located in Seward as well as Kenai Peninsula College (KPC) which is located within the unincorporated area of Soldotna. Students can take courses though the University of Alaska, Anchorage, Fairbanks or South East while attending KPC to earn a Bachelor's Degree in a number of different subjects including but not limited to Anthropology, Elementary Education and Biology. Furthermore, KPC offers a number of Associate of Arts and Certificate programs. AVTEC offers programs in offers short term and long term programs including the Alaska Culinary Academy, the Alaska Maritime Training Center, and courses in information technology, nursing, applied technology and power plant operations." and the motion was SECONDED by Council Member Molloy. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to delete "programs in offers," after the words " AVTEC offers," to read as follows: "In addition, the citizens of Kenai have access to college courses at the Alaska Vocational Technical Center ( AVTEC) which is located in Seward as well as Kenai Peninsula College (KPC) which is located within the unincorporated area of Soldotna. Students can take courses though the University of Alaska, Anchorage, Fairbanks or South East while attending KPC to earn a Bachelor's Degree in a number of different subjects including but not limited to Anthropology, Elementary Education and Biology. Furthermore, KPC offers a number of Associate of Arts and Certificate programs. AVTEC offers short term and long term programs including the Alaska Culinary Academy, the Alaska Maritime Training Center, and courses in information technology, nursing, applied technology and power plant operations." and the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: * *Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. UNANIMOUS CONSENT was requested on the amended amendment. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908 -2016 as indicated by item number six included in the September 7 memorandum from the City Planner, removing the words "retail space" from the introductory sentence under Section 4.4.2 Business Indicators and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908 -2016 as indicated by item number seven in the September 7 memorandum from the City Planner, replacing the last paragraph under City of Kenai Council Meeting Page 4 of 23 September 7, 2016 section 4.4.4 Fisheries and Seafood Processing and replacing with the following: "The rapid growth of the Kenai River personal use dipnet fishery has added a 250,000- 400,000 sockeye fish harvest in a short time period to the management mix. The City provides a number of services to support this fishery including parking and camping on the beaches, restrooms and trash collection, police patrols and a boat dock with a 4 ramp boat launch. The City works collaboratively with agencies and the fishing industry to support sustainable fisheries harvests. In 2014 the City instituted a tide dependent no wake zone for a 6,000 -foot segment of the south river bank to reduce erosion; eliminated an access and improved another, and is constructing a new access at the Kenai River mouth; maintained solid waste and pit toilets, and provided police foot and boat patrols. Revenue was generated from municipal boat launch and parking fees. The costs for management equal revenue derived from the boat launch and parking fees collected during the fishery (KPEDD 2016)," and the motion was SECONDED by Council Member Knackstedt. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to move the third sentence before the first sentence to read: "The City works collaboratively with agencies and the fishing industry to support sustainable fisheries harvests. The rapid growth of the Kenai River personal use dipnet fishery has added a 250,000- 400,000 sockeye fish harvest in a short time period to the management mix. The City provides a number of services to support this fishery including parking and camping on the beaches, restrooms and trash collection, police patrols and a boat dock with a 4 ramp boat launch. In 2014 the City instituted a tide dependent no wake zone for a 6,000 -foot segment of the south river bank to reduce erosion; eliminated an access and improved another, and is constructing a new access at the Kenai River mouth; maintained solid waste and pit toilets, and provided police foot and boat patrols. Revenue was generated from municipal boat launch and parking fees. The costs for management equal revenue derived from the boat launch and parking fees collected during the fishery (KPEDD 2016)," and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the amended amendment motion. VOTE ON THE AMENDED AMENDMENT: MOTION TO AMEND: There being no objection; SO ORDERED. Council Member Knackstedt MOVED to amend Ordinance No. 2908 -2016 as indicated by items eight through ten in the September 7 memorandum from the City Planner and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2908 -2016 as indicated by item number eleven in the September 7 memorandum from the City Planner, including the following paragraph at the end of section 4.5.4 Parks and Recreation, "In 2015 the City Council established the Kenai Outdoor Opportunity Location (KOOL) Subcommittee. The subcommittee was given the task of putting together a Feasibility Study to look at the opportunities and costs to expand City of Kenai Council Meeting Page 5 of 23 September 7, 2016 and /or create a new park designed to host current and future public events. In March of 2016 the KOOL Subcommittee presented its findings to the City Council at a Work Session. The KOOL Subcommittee recommended that a portion of Millennium Square (see Section 5.4.1.1) be constructed to house the proposed event park. The Subcommittee also further recommended that this park could be constructed over four phases. For further information, please see the 2016 KOOL Subcommittee Feasibility Report (http://www.ci.kenai.ak.us/sites/default/files/commissions _committees /KOOL_Presentation. pdf). Staff would like to recommend that Section 6.3, Goal 2 — Economic Development be amended to add Objective ED -8 — Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events," and the motion was SECONDED by Mayor Porter. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend the amendment by deleting the last sentence, "Staff would like to recommend that Section 6.3, Goal 2 — Economic Development be amended to add Objective ED -8 — Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural, and other events," in its entirety and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. VOTE ON THE AMENDED AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter NAY: Boyle "Student Representative Lindeman: YEA MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 2908 -2016 as indicated by items twelve through eighteen in the September 7 memorandum from the City Planner and the motion was SECONDED by Council Member Molloy. MOTION TO DIVIDE THE QUESTION: Council Member Molloy MOVED to divide the question, voting on item number seventeen separately and the motion was SECONDED by Council Member Boyle. VOTE TO DIVIDE THE QUESTION: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 6 of 23 September 7, 2016 It was determined that consideration of items twelve through sixteen and eighteen would be taken first and item number seventeen would be considered last. MOTION TO AMEND THE AMENDMENT: Mayor Porter MOVED to amend the amendment by rephrasing the last sentence in item number twelve to read as follows, "The development by Hall Quality Builders in Kenai, further demonstrates the importance and continued growth of the elders in the Kenai Community," and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. VOTE ON THE AMENDED AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. [Clerk's Note: The following is consideration of the second half of the division of the question.] MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by replacing item number seventeen of the September 7 memorandum from the City Planner, with item number five from the memorandum he provided in the laydown and the motion was SECONDED by Council Member Boyle. Council Member Molloy thanked those that testified regarding buffers and agreed that the issue of buffers needed to be to be alleviated. It was clarified that a future Council had the authority to amend the Plan. It was noted that the proposed change was to the Land Use Plan and not the zoning; there were right -of -way issues; plat notes in place for protection; desire to maintain maneuverability in the front portion of the property. It was further noted that the airport had a right to be compensated, even if the City purchased the property from the airport. Clarification was provided that the property was zoned General Commercial. It was suggested that the intent of a prior Council was that the property not be developed and a deed restriction was put in place to that end. It was also pointed out that the intent of past Councils was that the property's land use be subdivided as appropriate pursuant to the deed restriction. It was noted that compensating the airport and the airport's responsibility to provide buffers were topics of concern, that an implementation plan would be developed after the Comprehensive Plan was adopted, and that the parcel had not yet been legally divided. City of Kenai Council Meeting Page 7 of 23 September 7, 2016 Suggestion was made that the determination could be made on any benefits to the airport, if any, if and when a developer came forward with a development plan. It was pointed out that the highway corridor was valuable to small businesses and that it was not conducive to business to buffer the highway VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Gabriel, Molloy, Boyle NAY: Navarre, Porter, Knackstedt "Student Representative Lindeman: NAY MOTION FAILED. It was noted that it was clear in history that residents of Walker Lane had rights to the property. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter NAY: Boyle "Student Representative Lindeman: YEA MOTION PASSED. [Clerk's Note: The September 6 memo from Council Member Molloy, which was provided in the laydown, was referenced for the following amendments.] MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908 -2016 by amending the Land Use Plan to change Parcel #04301040 from Low Density Residential to Parks, Recreational and Open Space and the motion was SECONDED by Council Member Boyle. It was noted that the property was acquired by the City along with the adjacent property with the purpose of a buffer at the recommendation of the Airport Commission and therefore the land use for the parcel should be Parks, Recreational and Open Space. It was pointed out that there was a creek running through the property that created a gulley and gradation issues. Suggestion was made that there were uplands on the airport side of the property and if the land use was changed, it would be different than everything around it. It was clarified that there was a platted road to the property and that the property was not yet served by water or sewer; buffers were addressed by the airport Master Plan as the onus was on the airport to buffer itself. Suggestion was made that if the airport wanted more buffer, it could purchase the property from the City. VOTE: YEA: Molloy, Boyle City of Kenai Council Meeting Page 8 of 23 September 7, 2016 NAY: Gabriel, Navarre, Knackstedt, Porter "Student Representative Lindeman: YEA MOTION FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908 -2016 by amending the Land Use Plan to change Parcel #04301041 from Low Density Residential to Parks, Recreational and Open Space and the motion was SECONDED by Council Member Boyle. Suggestion was made that the property's features were consistent with buffer provisions as it contained a trail and was bisected by a creek. It was pointed out that the northwestern corner could be developed and that the southern end had been developed. It was also pointed out that the tract should be subdivided prior to designating the unusable portion Parks, Recreational and Open Space VOTE: YEA: Boyle, Molloy NAY: Knackstedt, Navarre, Porter, Gabriel "Student Representative Lindeman: NAY '1T011WZ1yi114:111 MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908 -2016 by amending the Land Use Plan to change Parcel #04301035 from Mixed Use to Institutional and the motion was SECONDED by Council Member Boyle It was clarified that the property's tax base was borough institutional. There was suggestion that the transfer station would be an appropriate Institutional land use. It was noted that, if subdivided, the rest of property could be designated Mixed Use. The definition for Institutional was reviewed; pointed out it was defined as churches, schools, and other facilities which didn't match the property's use and was more appropriate to remain Mixed Use. VOTE: YEA: Boyle, Molloy NAY: Navarre, Porter, Gabriel, Knackstedt "Student Representative Lindeman: NAY MOTION FAILED. City of Kenai Council Meeting September 7, 2016 0911 [ e I. i i I L1 i i Wk FBI Council Member Molloy MOVED to amend Ordinance No. 2908 -2016 by amending the Land Use Plan to change Parcel #04910105 from Industrial to Parks, Recreational and Open Space and the motion was SECONDED by Council Member Boyle. It was pointed out that the parcel was owned by the City, was under water in the spring and was important for bird migration and the wildlife encouraged tourism. It was also pointed out that there was more City owned property and that it would be appropriate for the property to be open space. It was noted that all adjacent properties were industrial and that the 2013 Comprehensive Plan had been changed in this way by the Council. VOTE: YEA: Boyle, Gabriel, Navarre, Molloy, Porter NAY: Knackstedt "Student Representative Lindeman: YEA MOTION PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2908 -2016 by amending the Land Use Plan to change parcel #04901016 from Industrial to Low Density Residential and the motion was SECONDED by Council Member Boyle. The comments made during public testimony were referenced as reasons for the amendment. VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Porter, Boyle NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED amend Ordinance No. 2908 -2016 by amending the Land Use Plan to change parcel #04901056 from Industrial to Low Density Residential and the motion was SECONDED by Council Member Boyle. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED amend the amendment by changing the land use of parcel #04901056 to be consistent with way the parcel is split zoned with Industrial remaining Industrial and the remainder changing to Low Density Residential and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. City of Kenai Council Meeting Page 10 of 23 September 7, 2016 VOTE ON THE AMENDMENT TO THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the amendment motion. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED amend the Ordinance No. 2908 -2016, Chapter 5, Commercial Land Use Classifications, by adding a sentence as the last paragraph to read, "Buffers or buffer zones between commercial uses and adjacent non - commercial uses are desirable," and the motion was SECONDED by Council Member Boyle. There was suggestion that the statement may be more appropriately accomplished in Kenai Municipal Code. It was noted that separations were important; that it was appropriate to be placed in the Comprehensive Plan as it was a guide, and as a part of the implementation plan, work on the Landscape Plan requirements in Kenai Municipal Code. It was pointed out that the term buffers needed defined. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED amend the amendment by replacing the word "are" with "may be," so the statement read, "Buffers or buffer zones between commercial uses and adjacent non - commercial uses may be desirable," and the motion was SECONDED by Council Member Navarre. It was suggested that the amendment diluted the intent of the plan. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Navarre NAY: Porter, Gabriel, Boyle, Molloy "Student Representative Lindeman: NAY MOTION FAILED. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Boyle, Molloy, Porter NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: City of Kenai Council Meeting Page 11 of 23 September 7, 2016 Council Member Molloy MOVED amend Ordinance No. 2908 -2016, Chapter 5, Mixed Use (MU) Land Use Classification, by adding a new last sentence that reads, "Use of buffers may be required and is desirable in site layout," and the motion was SECONDED by Council Member Boyle. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED amend the amendment by removing, "required and is," and, "in site layout," so the sentence reads, "Use of buffers may be desirable" and the motion was SECONDED by Mayor Porter. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy "Student Representative Lindeman: NAY MOTION PASSED. UNANIMOUS CONSENT was requested on the amendment motion. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED amend Ordinance No. 2908 -2016, Chapter 5, Parks, Recreational and Open Space Land Use Classification, by adding a new last sentence that reads, "Buffers or buffer zones are a desirable use of open space," and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED amend the 2030 Comprehensive Plan, Chapter 6, Goal 3 Objectives, by adding a new first sentence that reads, "Review Zoning Code to ensure use of buffers and buffer zones to separate incompatible land uses," and the motion was SECONDED by Council Member Boyle. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED amend the amendment by replacing the word, "ensure' with the word, "consider" and the motion was SECONDED by Mayor Porter. It was pointed out that the change would make the objective more clear and that it may help neighboring property owners support development. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy City of Kenai Council Meeting Page 12 of 23 September 7, 2016 "Student Representative Lindeman: NAY MOTION PASSED. UNANIMOUS CONSENT was requested on the amendment motion. VOTE ON THE AMENDED AMENDMENT: There being no objection; SO ORDERED. Staff was thanked for their work, and the public was thanked for their contributions to the Plan It was noted that there was hope that the public would be happy with the Plan after the amendments had been made. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy "Student Representative Lindeman: NAY MOTION PASSED. 2. Ordinance No. 2912 -2016 — Accepting and Appropriating a Grant from the Federal Aviation Administration for the 2016 Improved Airport Drainage Project and Awarding a Construction Contract to Peninsula Construction, Inc. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2912 -2016 and the motion was SECONDED by Council Member 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, Molloy, Boyle, Porter NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2913 -2016 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2913 -2016 and the motion was SECONDED by Councilor 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 13 of 23 September 7, 2016 VOTE: YEA: Knackstedt, Gabriel, Navarre, Molloy, Boyle, Porter NAY: "Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2914 -2016 — Increasing Estimated Revenues and Appropriations by $8,000 in the Senior Citizen Fund, for Supplemental Nutrition, Transportation, And Support Services Grant Funding Received For Fiscal Year 2017. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2914 -2016 and the motion was SECONDED by Councilor 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, Porter NAY: " *Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 5. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2915 -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. MOTION: Councilor Molloy MOVED to postpone to the October 5 meeting and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Ordinance No. 2916 -2016— Amending KMC Chapter 12.10- Nuisances In General, to Include Abandoned Structures, Change the Enforcement Process, and Make Other Material and Housekeeping Changes. City of Kenai Council Meeting Page 14 of 23 September 7, 2016 MOTION: Mayor Porter MOVED to enact Ordinance No. 2916 -2016 and the motion was SECONDED by Councilor Navarre. Vice Mayor Gabriel opened the public hearing. Sandra Lashbrook asked that consideration be given for structures that were connected to water, sewer or electricity noting that it could be feasible for someone to start a cabin then run out of money. She suggested 180 days was not long enough for people to remedy a situation. She also suggested there should be at least ninety days per structure given to remedy. There being no one else wishing to be heard, public comment was closed. The City Attorney asked that two amendments be made - first in the last whereas clause the Planning and Zoning Commission recommended that City Council "enact" this ordinance, second in section 12.10.010 — Public Nuisances, subsection k, last underlined portion to read, "or are not properly constructed, fenced or barricaded and endangers public health or safety." MOTION TO AMEND: Council Member Knackstedt MOVED amend by inserting the word, "enact," in the space provided in the last whereas clause indicating the recommendation made by the Planning and Zoning Commission, and by rewording the last underlined portion of 12.10.010 — Public Nuisances, subsection k, to read, "or are not properly constructed, fenced or barricaded and endangers public health or safety," replacing the words, "so as to," with the word, "and" and making the word endanger plural and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED amend 12.10 the word, "or," with the word, "and," in the third Member Boyle. 010 — Public Nuisances, subsection r, replacing line and the motion was SECONDED by Council Staff clarified that there are several instances that where water couldn't be disconnected because the key valve was broken. It was pointed out that a nuisance was determined to be abandoned by administration; determination could be appealed to the Board of Adjustment and further to the Supreme Court; City needed court order in order to abate. Suggestion was made that abandoned was defined in the sentence itself. It was noted that administration hasn't had any tools available to fix the community. VOTE: City of Kenai Council Meeting Page 15 of 23 September 7, 2016 YEA: Boyle, Molloy NAY: Knackstedt, Navarre, Porter, Gabriel * *Student Representative Lindeman: YEA MOTION FAILED. MOTION TO AMEND: Council Member Boyle MOVED amend section 12.10.020 - Enforcement and Abatement of Public Nuisances, subsection (d)(3) by replacing the words "not to exceed 90 days," and replace with "at least 90 days, but not to exceed 180 days per structure," and the motion was SECONDED by Council Member Molloy. It was noted that the intent was that the timeframe for each structure not run concurrently. MOTION TO AMEND THE AMENDMENT: Council Member Navarre MOVED amend the amendment by removing, "per structure," and the motion was SECONDED by Mayor Porter. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle Molloy * *Student Representative Lindeman: YEA MOTION PASSED. Staff clarified that structures were not the only nuisance the ordinance dealt with. VOTE ON THE AMENDED AMENDMENT: YEA: Boyle, Molloy NAY: Navarre, Porter, Knackstedt, Gabriel * *Student Representative Lindeman: NAY MOTION FAILED. MOTION TO AMEND: Council Member Boyle MOVED to postpone to the October 5 meeting and the motion was SECONDED by Council Member Molloy. VOTE ON POSTPONEMENT: YEA: Molloy, Boyle NAY: Porter, Gabriel, Knackstedt, Navarre * *Student Representative Lindeman: NAY MOTION FAILED. City of Kenai Council Meeting Page 16 of 23 September 7, 2016 MOTION TO AMEND: Council Member Navarre MOVED amend section 12.10.020 - Enforcement and Abatement of Public Nuisances, subsection (d)(3) to read "provide a reasonable time period in which to comply, not to exceed 90 days, except structures, which have 180 days' and the motion was SECONDED by Mayor Porter. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There was no objection; SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Navarre, Porter NAY: Boyle, Molloy "Student Representative Lindeman: YEA MOTION PASSED. Resolution No. 2016 -38 — Declaring Equipment, Supplies, and Materials Surplus Or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 and 7.15.070. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -38 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. Mayor Porter requested the bikes be removed from the list and donated to the Boys and Girls Club or to a local school. MOTION TO AMEND: Mayor Porter MOVED to amend by removing usable bikes from the list and the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion. VOTE ON THE MAIN MOTION: There being no objection; SO ORDERED. 8. Resolution No. 2016 -39 —Accepting a Donation of a Parcel of Property Described as Lots One (1) and Two (2), Block One (1) Bush Lanes Subdivision, Kenai, Alaska from Gene E. Lynn, for the Public Purpose of Future Water and Sewer Utility Expansion and Determining that the Public Interest will not be Served by an Appraisal. MOTION: City of Kenai Council Meeting Page 17 of 23 September 7, 2016 Council Member Molloy MOVED to adopt Resolution No. 2016 -39 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 objection; SO ORDERED. 9. Resolution No. 2016 -40 — Approving the Purchase of a 2016 F -150 XL 4x4 Supercrew Cab Pickup Truck through the State of Alaska Equipment Fleet Contract Pricing. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -40. 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. VOTE: There being no objection; SO ORDERED. There was gratitude expressed that the local dealer was consulted. 10. Resolution No. 2016 -41 — Consenting to the Vacation of a Right -of -Way, Approximately 104 Feet in Length and 20 to 30 Feet in Width, between Lot 16A Block 5, Townsite of Kenai Kenaitze Addition and Lot 17, Block 5, Townsite Of Kenai, And Consenting To The Acceptance Of The Right -Of -Way Affecting A Portion Of Lot 17, Block 5, Townsite Of Kenai, Located At The Intersection Of Mission Avenue And Upland Street As Set Forth On The Plat Of Townsite Of Kenai 2016 Addition, Which Is Attached Hereto As Exhibit "A ". MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2016 -41. 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. VOTE: There being no objection; SO ORDERED. E. MINUTES 1.`Regular Meeting of August 17, 2016 Meeting Summary approved by the consent agenda. F. UNFINISHED BUSINESS — None. City of Kenai Council Meeting September 7, 2016 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. 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. Introduced by the consent agenda and public hearing set for September 21, 2016. 4. *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. Introduced by the consent agenda and public hearing set for September 21, 2016. *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. Introduced by the consent agenda and public hearing set for September 21, 2016. *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. Introduced by the consent agenda and public hearing set for September 21, 2016. *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. Introduced by the consent agenda and public hearing set for September 21, 2016. *Ordinance No. 2922 -2016 — Accepting and Appropriating a Grant from the Rasmuson Foundation for Restoration of a Historic City of Kenai Fire Truck. Introduced by the consent agenda and public hearing set for September 21, 2016. 9. *Ordinance No. 2922 -2016 — Amending Kenai Municipal Code Section 21.05.020 — Airport Reserve Boundary Map to Relocate the Airport Reserve Boundary from the City of Kenai Council Meeting Page 19 of 23 September 7, 2016 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. Introduced by the consent agenda and public hearing set for September 21, 2016. 10. Action /Approval — Consent to Assignment of Lease of Airport Reserve Lands for Property Described as Lot 1A, Block 2, General Aviation Apron Subdivision No. 3 located at 135 Granite Point Court, from SOAR International Ministries, Inc. (Assignor) to Schilling Rentals, LLC (Assignee). MOTION: Mayor Porter MOVED to approve a Consent to Assignment of Lease of Airport Reserve Lands for Property Described as Lot 1A, Block 2, General Aviation Apron Subdivision No. 3 located at 135 Granite Point Court, from SOAR International Ministries, Inc. (Assignor) to Schilling Rentals, LLC (Assignee) and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. It was noted that the use of the property needed to remain aviation related and that the new lessee assumed all responsibilities and obligations. It was pointed out that there was a small amount of pollution on the property and that administration's intent was that the pollution would be cleaned up prior to transfer; it was not thought that the cleanup process would take long. Clarification was provided by the current lessee that contaminated soils had already been excavated and the testing report was due back within approximately two weeks. VOTE: There being no objection; SO ORDERED. 11. Action /Approval — Assignment of Non - Exclusive On- Airport Automobile Rental Concession Agreement from Corporate Sales & Leasing, Inc., d /b /a Budget Rent A Car to Copper River Rentals, LLC. MOTION: Council Member Knackstedt MOVED to approve Assignment of Non - Exclusive On- Airport Automobile Rental Concession Agreement from Corporate Sales & Leasing, Inc., d /b /a Budget Rent A Car to Copper River Rentals, LLC, and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 12. Action /Approval — Approving a Special Use Permit for an Oktoberfest Event at Millennium Square. MOTION: City of Kenai Council Meeting Page 20 September 7, 2016 Mayor Porter MOVED to Approve a Special Use Permit for an Oktoberfest Event at Millennium Square and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 13. Action /Approval — Schedule a Meeting to Interview Candidates that Submitted Applications for the City Manager Position. MOTION: Council Member Navarre MOVED postpone to the September 21 meeting. The motion was withdrawn. It was decided this item would be placed on the September 21 meeting agenda. 14. Action /Approval — Kenai Peninsula Borough Substitute Ordinance 2016 -25, An Ordinance Reducing the Planning Commission Membership. It was clarified that the interpretation was that the City of Kenai would still lose a guarantee; that by 2020 there would only be five seats allotted for cities. It was also clarified that there were four years to come up with a different solution, if desired. MOTION: Council Member Navarre MOVED to withdraw the resolution previously adopted that opposed the Ordinance. It was clarified that withdrawing the resolution was not an appropriate action. MOTION: Council Member Navarre MOVED to instruct the Clerk to provide information to the Borough that the City took a neutral position on the substitute ordinance and Councilor Knackstedt SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Navarre, Porter, Boyle NAY: Molloy "Student Representative Lindeman: YEA MOTION PASSED. Will 1. Council on Aging — No report; next meeting September 8 2. Airport Commission — No report; next meeting September 8 City of Kenai Council Meeting Page 21 of 23 September 7, 2016 3. Harbor Commission —No report; next meeting October 10 4. Parks and Recreation Commission — It was reported that the Commission was taken on a tour of the gardens and trails; noted that there are two vacancies on the commission; next meeting October 6 5. Planning and Zoning Commission — It was noted that the minutes were in the packet; next meeting September 12 6. Beautification Committee — No report; next meeting September 13 7. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Planning & Zoning Commissioner Focose's passing; City Clerk providing a donation in his memorial to the Elks Lodge. • Thanked Vice Mayor Gabriel for substituting; husband's surgery went well. • Thanked Vice Mayor Gabriel for attending the Chamber of Commerce meeting and presenting a proclamation on her behalf. ADMINISTRATION REPORTS 1. Acting City Manager — no report. 2. City Attorney — no report. 3. City Clerk — It was reported that a Special Meeting would be held at the Kenai Community Library on September 14 and that absentee and early voting would be available in City Hall from September 19 through October 4. It was requested that the information item regarding the Visitor's Center be in the meeting packet for the first meeting in October. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob McIntosh asked whether Mayor Porter was eligible to be Mayor, it was his understanding she had moved to Texas; suggested an investigation be conducted. Clarification was provided that the Mayor was registered to vote in Kenai, was living with her daughter and that her husband elected to have a medical procedure done in Texas. 2. Council Comments Vice Mayor Gabriel reported that he attended Industry Appreciation Day, noted that it was well attended; attended Planning and Zoning Commissioner Focose's memorial, noted a high number City of Kenai Council Meeting Page 22 of 23 September 7, 2016 of old and young in attendance; attended the announcement of the Memorandum of Understanding regarding Old Town Park with the Kenaitze Indian Tribe. Councilor Navarre noted he was happy with the accomplishments of the Comprehensive Plan; looked forward to moving the City forward; wished Larry Porter a speedy recovery; looked forward to seeing the Mayor back in town; noted the questioning of the commitment of the Mayor was a disservice to the City. Pointed out there were rules in place for missing meetings. Student Representative Lindeman noted Kenai Central High School's homecoming was coming up on Friday and that the Cross Country team was in Seward. Council Member Molloy suggested Mr. McIntosh's issue with the Mayor was legitimate to be raised; noted the Council couldn't discuss due to the topic not being on the agenda; thanked for Mr. McIntosh for his comments; thanked participants and colleagues for their work on the Comprehensive Plan. Councilor Knackstedt pointed out the Historical Society document in the packet 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 September 7, 2016. CitytClgfk UP L.0 ' "_j'' , "'The student representa6ast 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 23 of 23 September 7, 2016