Loading...
HomeMy WebLinkAbout2017-04-19 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING APRIL 19, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on April 19, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Henry Knackstedt Jim Glendening Mike Boyle A quorum was present. Also in attendance were: Robert Molloy Tim Navarre Glenese Pettey (telephonic) "Mackenzie Lindeman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda and packet: Add to Item D. 1. Ordinance No. 2945 -2017 • Proposed Amendment Memorandum Add Item G.7. Donation to Saving the Brown Bears Hockey Team • Booster Club Information MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt 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 Boyle SECONDED the motion. 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 Tim Dillon, Kenai Peninsula Economic Development District — Update on First and Second Quarter Activities. Tim Dillon, Executive Director for the Kenai Peninsula Economic Development District provided an update on their recent activities noting a strategic document that had recently been produced, recent highlights affecting the economy, and current demographics. 2. Ron Hyde, PRL Logistics — Update on Plans and Objectives for PRL Logistics' Kenai Development. Ron Hyde provided an overview of operations of PRL Logistics noting they were moving their headquarters to Kenai; also introduced the hybrid airship, a project the company had been involved in developing with Lockheed Martin. C. UNSCHEDULED PUBLIC COMMENTS Greg Daniels, spoke against the sale of four acres on Lawton Drive expressing concern with further development of what had been set aside as conservation; noted he had attended the work session where compromises had been made and pointed out the additional development wasn't a part of the compromise. Requested reconsideration and a review of the current Comprehensive Plan; suggested a ballot measure advising the City regarding purchasing the property or a land trade between the airport and the City. Sammy Crawford spoke on behalf of "Climate Voices," an organization involved with climate change, and invited everyone to attend an event featuring a speaker from the U.S. Geological Survey. City of Kenai Council Meeting Page 2 of 9 April 19, 2017 Chris Every spoke against a commercial sport guide business being run out of his neighbor's house noting a Conditional Use Permit had been denied in the past; requested the new administration look into the matter. Kelly Kelso spoke against the sale of property on Lawton Drive noting the referendum in the past regarding its zoning in the Comprehensive Plan. Suggested the airport find a benefit of a park strip. Mike Christian spoke against the sale of property on Lawton Drive pointing out that the idea for the area being conservation was necessary to prevent noise and create a barrier. D. PUBLIC HEARINGS 1. Ordinance No. 2945 -2017 — Repealing and Re- Enacting Kenai Municipal Code Chapter 8.20- Fireworks Control, to Allow for the Limited Sale of Certain Fireworks in the City. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2945 -2017 and the motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted the intent of the ordinance was for revenue source for the City; a brief overview was provided. It was further noted bottle rockets and similar fireworks were excluded due to strong recommendation from fireworks vendors and the issue of the waste falling on another person's property. Clarification was provided that the ordinance would not prohibit the Chamber of Commerce from their winter fireworks show. There was suggestion the mandatory review was not necessary as the potential for the review to be forgotten and the possibility for the ordinance to be amended at any time. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting the words, "and use," after, "sale," in the title, changing, "December 31s'," to "December 151," deleting the word "and," and replacing it with, "through," and deleting "48 hour," and replacing it with "one month," in section KMC 8.20.020 (a), and deleting, "December 1," and replacing with, "the fourth Friday in November," in section KMC 8.20.050(a), and the motion was SECONDED by Council Member Boyle. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Boyle, Glendening, Pettey, Navarre NAY: Molloy "' Student Representative Lindeman: YEA MOTION PASSED. City of Kenai Council Meeting Page 3 of 9 April 19, 2017 MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone to the May 3 meeting for the purpose of additional public hearing and the motion was SECONDED by Council Member Boyle. It was suggested postponement was not necessary; pointed out the ordinance provided for the sale of fireworks and the amendment lengthened the timeframe the use of fireworks was allowed. VOTE ON POSTPONEMENT: YEA: Knackstedt, Gabriel, Boyle, Glendening, Pettey, Navarre, Molloy NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2946 -2017 — Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2946 -2017 and the motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. Resolution No. 2017 -17 — Authorizing a Budget Transfer in the Personal Use Fishery Fund for the Installation of Internet Viewing Cameras. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017 -17 and the motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 4 of 9 April 19, 2017 4. Resolution No. 2017 -18 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate an Increase to the Senior Center Meal Rates. MOTION: Council Member Boyle MOVED to approve Resolution No. 2017 -18. The motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing. Velda Geller, Chair of the Council on Aging, requested support due to the increases in the costs of the meal preparation noting the last time the fee was increased was 2011. There being no one wishing to be heard, public comment was closed. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of April 5, 2017 Meeting minutes 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. *Ordinance No. 2947 -2017 — Accepting and Appropriating Supplemental Nutrition, Transportation, and Support Services Grant Funding in the Senior Citizen Fund, for Fiscal Year 2017 Introduced by the consent agenda and public hearing set for May 3, 2017. 3. *Ordinance No. 2948 -2017 — Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. Introduced by the consent agenda and public hearing set for May 3, 2017. 4. *Ordinance No. 2949 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. Introduced by the consent agenda and public hearing set for May 3, 2017. 5. Action /Approval —Approve a Special Use Permit to Golden Wheel for a Carnival. City of Kenai Council Meeting Page 5 of 9 April 19, 2017 MOTION: Council Member Navarre MOVED to approve a Special Use Permit to Golden Wheel Amusements for a Carnival. The motion was SECONDED by Council Member Boyle. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: '" Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 6. Discussion —Response to Council Request for Options Regarding Lawton Acres. Administration provided an overview of the map that had been drafted upon Council's request to prepare a recommendation for a reasonable approach for development of the area after discussions during a work session; pointed out the requested buffer zones had been captured and recommended retaining the section containing the flower garden; noted it was recognized that there would be amendments to the map; also noted that other recommendations had been included in the memo provided in the packet. It was pointed out that it was good planning to look at entire subdivision when considering options. Other options such as the City purchasing the property from the airport, a land swap, and leasing were discussed. It was decided a work session would be held on May 15 at 6:00 p.m. for the entire Lawton Acres proposals. 7. Action /Approval — Donation to Saving the Brown Bears Hockey Team [Clerk's Note: Item was added to the agenda during Approval of the Agenda.] MOTION: Council Member Navarre MOVED to donate $1,500 to saving the Brown Bear Hockey Team. The motion was SECONDED by Council Member Glendening. It was clarified that the booster club had raised the minimum funding needed but they weren't out of the woods. It was pointed out that the program was not just hockey but that the players volunteer in the community and are role models for kids to look up to; not just a donation to a team but also a value to the community. VOTE: YEA: Gabriel, Molloy, Boyle, Glendening, Navarre NAY: Pettey, Knackstedt " Student Representative Lindeman: NAY MOTION PASSED. City of Kenai Council Meeting Page 6 of 9 April 19, 2017 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — It was reported that at their April 13 meeting, the Council heard about the Senior Companion Program and accepted a policy for allowing dogs at the Senior Center; next meeting May 11. 2. Airport Commission — It was reported that on April 13, the Commission heard an update on the airport leasing policy, received an update on the airport master plan, heard about the proposed FY18 budget, approved two special use permits and a consent to an of assignment to lease; next meeting May 11. 3. Harbor Commission — It was reported that the Commission was still fleshing out what their responsibilities would be; next meeting May 8. 4. Parks and Recreation Commission — It was reported that on April 6, the Commission reviewed the FY18 budget, the proposed cemetery expansion, and the 2017 plant list; also heard about the pathway of poetry project; next meeting May 4. 5. Planning and Zoning Commission — It was reported that on April 12 the Commission rescinded prior resolutions and approved two preliminary plats with amended technical issues; next meeting April 26. 6. Beautification Committee — It was reported that on April 11, the Committee elected a chair and vice chair, suggested the creation of a beautification brochure, set volunteer plant day, and heard about the pathways of poetry and little libraries projects; next meeting May 9. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Gave opening comments at the recent CIRCAC meeting; • Participated in the recent St. Jude's Radiothon; • Provided a reminder for the upcoming budget work session. ADMINISTRATION REPORTS City Manager — P. Ostrander reported on the following: • Thanked Council for appropriating funds for cameras to be used during the dipnet fishery as it was part of an initiative to improve the experience for anglers; • Reported the Silver Salmon Derby meetings were ongoing, there was no intention to harm the resource at all and the Chamber of Commerce would cancel if necessary; • Reviewing Airport Terminal Rehabilitation project; • Provided an update on the Bluff Erosion project - still waiting on finalization which triggers public comment; hopeful for the first week of May. City of Kenai Council Meeting Page 7 of 9 April 19, 2017 2. City Attorney — No Report. 3. City Clerk — S. Modigh noted she received notification of Mr. Glendening's resignation from the Borough Planning Commission and would be advertising for applicants; also provided a reminder for future meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Michael Beck spoke against selling property on Lawton Drive noting it was against the Comprehensive Plan and pointed out that the FAA had developed environmental requirements on FAA lands. Kelly Kelso thanked Council for sending a mailing to any affected residents for future discussions of Lawton Acres. 2. Council Comments Councilor Knackstedt noted he had attended the joint chamber meeting. Council Member Molloy thanked those that presented and spoke to Council. Student Representative Lindeman reported on current sporting events and upcoming graduation. Council Member Glendening reported his granddaughter had been selected to intern for her representative in Washington DC. Council Member Pettey reiterated gratitude for presentations and speakers and expressed gratitude for administration's work on the Lawton Drive property. Vice Mayor Navarre reiterated that he was on the Governor's education challenge committee and would be attending meetings. L. EXECUTIVE SESSION 1. Discussion of an Offer to Purchase Property Located at 2270 Royal Street, Kenai, AK, Tract A Dragseth Subdivision 2016 Addition (Dragseth House), Pursuant to AS 44.62.310(c)(1)(3) a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential. MOTION: Council Member Molloy MOVED to convene in executive session to discuss an offer to purchase property located at 2270 Royal Street, Kenai, AK, Tract A, Dragseth Subdivision 2016 Addition (Dragseth House), the immediate knowledge of which 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 per AS 44.62.310(C)(1)(3) and requested the attendance of the City Planner, City Manager, City Attorney and City Clerk, as well as Glenda Feeken, Ron Hyde and Amy West and the motion was SECONDED by Council Member Boyle. City of Kenai Council Meeting Page 8 of 9 April 19, 2017 VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was noted that the City Administration and City Attorney had been given direction. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:10 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of April 19, 2017. tdra Modigh, CMC erk "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 April 19, 2017 Mw MEMORANDUM "t1l1lage wid a fast, 0wN a f twee ' 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 www.kenai.city TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Council Member Glendening DATE: April 19, 2017 SUBJECT: Ordinance No. 2945-2017 Amendment Memorandum It is my intent to amend Ordinance 2945-2017 to expand the timeframe fireworks are legal to use in the City from a 48-hour period to one month, and to extend the timeframe in which they may be sold. Because the notice of the Ordinance to the public did not include expanding the timeframe for use, if this motion passes, I would request an additional public hearing at the next council meeting before voting on the main motion to adopt the Ordinance. I move to make the following amendments: • Amend the title to insert the words ", and use" after "sale' as follows AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACTING KENAI MUNICIPAL CODE CHAPTER 8.20 -FIREWORKS CONTROL, TO ALLOW FOR THE LIMITED SALE, AND USE OF CERTAIN FIREWORKS IN THE CITY. • Amend subsection (a) of KMC 8.20.020 Fireworks Prohibition -Exceptions, on page 28 of the Packet by changing "December 31 at" to "December 1 st", deleting the word "and" and replacing it with "through', and deleting "48 hour" and replace it with 'one month" to read: (a) Personal and Private Use On the days of December f311st [ANDI through January person other private property with the consent of the property owner, or on City owned tidelands below mean high water. • Amend subsection (a) of KMC 8.20.050 Permit to Sell Saleable Fireworks, on page 29 of the Packet y deleting "December 1" and replacing it with "the fourth Friday in November" to read: Page 2 of 2 Ordinance 2945-2017 Amendment Memo YvaI Iooucu. (Note: new language bold and underlined, deleted language in caps and bracketed.) Your consideration is appreciated. Page 3 of 2 Ordinance 2945-2017 Amendment Memo Q W Q W j O CL � ^ a m V. Ln g s a S W Q ' c4cc W m O m M a Q cc I cc LJLJ O Lai ccO a ~ y z � 0 D Z O Q H W ~ O Q HCL Ln W � a Civ UN> ME, " Kenai River Brown Bears 2017/18 Season tickets — Booster Club prices Prices listed below are good through April 30, 2017. Prices will go up 1o% May through July, 2017, an additional 10% will be added after July 31, 2017. Booster Club $5000.00 Gold Level Four VIP Passes Pass includes admission to all regular season home games Value: $1344.00 Admission to VIP lounge for all regular season home games Value$2781.00 Admission to all KRBB events including table when offered Value $2184.00 Exclusive KRBB Booster Club Apparel Value $442.00 Bronze Level Four season tickets $2500.00 Value $1344.00 Two passes to VIP lounge for all regular season home games Value$1662.00 Exclusive KRBB Booster Club Apparel Value $68.00 Copper Level Two season tickets $1000.00 Value $672.00 One pass to VIP lounge for all regular season home games Value $830.00 Exclusive KRBB Booster Club Apparel Vaiue$34.00 Season Tickets Family rate -Two General Admission, two children $ 700.00 Value$1232.00 General Admission —13 — 59 years $ 249.00 Value $336.00 Child — 5 to 12 years $ 149.00 Value $280.00 Senior Citizen — 60 + years $ 149.00 Value $280.00 $ 149.00 Military Value $280.00 Current College 10 $ 149.00 Value $280.00 Name _ Address Phone _ Signature E-mail r0r MC)rC inf`o F�GcaSc call (90-1)39q-HH92 KENAI PENINSULA YOUTH FOUNDATION NON-NEGOTIABLE AND NON -TRANSFERABLE PERSONAL PROMISSORY NOTE In the event the Kenai River Brown Bears, a program of the Kenai Peninsula Youth Foundation ("KPYF"), apply for active status and are approved by the North American Hockey League ("NAHL") to participate in the 2017-18 season, I, ("Maker"), residing in the State of do personally promise to pay to the order of the Kenai Peninsula Youth Foundation ("KPYF"), a non-profit organization, a principal sum in the amount of $ on or before July 1, 2017. Futhermore, in the event the Kenai River Brown Bears elect to continue hockey operations in the North American Hockey League for the 2018-19 season, I, ("Maker"), residing in the State of do personally promise to pay to the order of the Kenai Peninsula Youth Foundation ("KPYF"), a non-profit organization, a principal sum in the amount of $ on or before July 1, 2018. I, Maker, understand the KPYF, its staff, program participants, NAHL members and USA Hockey rely on this Personal Promissory Note. I, Maker, also understand approval of the request for Brown Bears re -activation by the NAHL as a Tier II Junior A member may depend, in part, on the aforementioned promise and guaranty made by me. This Personal Promissory Note is expressly made non-negotiable and non- transferable and presentment, demand, notice of demand and notice of dishonor or default are expressly waived herein. In the event of default, I, Maker, shall be liable for all costs of collection on this Personal Promissory Note, taking all damages suffered by the KPYF as well as reasonable attorneys' fees therefore. Signature of Maker Printed Name of Maker Street Address of Maker City / State / Zip Code of Maker Seal / Stamp of Notary Public Printed Name of Notary Public Date �., \� �, >�i �S ��s � � x k �� ai s � s � �s � �s S `� �� � � �� s,� � � '�;.