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HomeMy WebLinkAbout2017-05-03 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING MAY 3, 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 May 3, 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 "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 • Correspondence from Residents Add Item G.10. Ordinance No. 2957 -2017 • Correspondence from Kenneth Tarbox • Maps MOTION: Council Member Molloy MOVED to approve the agenda with the requested additions to the packet 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 Navarre 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 1. Bob McIntosh — Lawton Acres. Bob McIntosh provided an overview of the options that have been discussed and were available regarding Lawton Acres, to include selling, retaining, a land swap with the City, and an advisory vote. 2. Jill Schaefer— Introduction of the City of Kenai Representative on the Kenai Peninsula Borough Assembly. Jill Schaefer, Kenai Peninsula Borough Assembly Member, Provided an update on topics the Borough was considering, to include budget adoption schedule, preliminary school board budget, invocation lawsuit, and mil rate. C. UNSCHEDULED PUBLIC COMMENTS Stephen Greene explained that he owned property on Cannery Road, had answered an ad for trees to be used as stream bank reinforcement by offering juvenile trees to be transplanted from his commercial lot. Further explained the person seeking the trees cut them all down without the permission to be on his property for that purpose. 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 and Use of Certain Fireworks in the City. [Clerk's Note: This Ordinance was postponed to the May 3, 2017 meeting for an additional public hearing to be held. A motion to enact is on the floor.] Mayor Gabriel opened the public hearing. City of Kenai Council Meeting Page 2 of 9 May 3, 2017 Scott Walden spoke against the ordinance noting beaches were popular for setting off fireworks and needed addressed; provided a reminder of bad fire seasons and a family which suffered a death and injuries when fireworks in their vehicle ignited all of which caused a fireworks ban in the borough; asked that those facts be considered in the decision along with the economic value. James Baisden, former Kenai Fire Department employee, current Fire Chief for Nikiski Fire Department spoke against the ordinance noting he understood what was trying to be accomplished but that injuries and fire safety were at issue and he was an advocate for fire safety; pointed out that the fireworks weren't going to be used in just the month allowed and any investigations would reveal that the fireworks were purchased in the City of Kenai. Roy Browning, former Kenai Fire Department employee, current Fire Chief at Central Emergency Services in Soldotna, spoke against the ordinance advocating for injury prevention and fire safety. Suggested an out of control fire from fireworks was going to cost more than any revenue generated. Stephen Greene spoke against the ordinance noting the public safety element, price gouging, and supply and demand issues. There being no one else wishing to be heard, public comment was closed. It was pointed out that some dangers had been recognized and the ordinance allowed the Fire Chief to ban, if needed. Public safety issues, trash, being a good neighbor to surrounding communities, and veterans with PTSD were other topics discussed. VOTE: YEA: Knackstedt, Glendening NAY: Molloy, Gabriel, Boyle, Pettey, Navarre " Student Representative Lindeman: NAY MOTION FAILED. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2947 -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 Glendeninq Pettey, Navarre City of Kenai Council Meeting Page 3 of 9 May 3, 2017 NAY: " Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2948 -2017 — Accepting and Appropriating Funds Received from Kenai Senior Connection, Inc. for the Purchase of a Copier for the Kenai Senior Center. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2948 -2017 and the motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing. Velda Geller, Council on Aging Chair, noted that at their March 17 meeting Senior Connection, Inc. was informed of the Senior Center's need to replace their copier /printer /scanner which was an important piece of equipment to Senior Connections, Inc. and the Senior Center; explained the Board unanimously approved the donation as their bylaws stated that their purpose was to financially support the Senior Center. There being no one else wishing to be heard, public comment was closed. Kenai Senior Connections, Inc. was thanked for their donation. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: "" Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2949 -2017 — Accepting and Appropriating Funds Forfeited to the Kenai Police Department. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2949 -2017. 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 PASSED UNANIMOUSLY. May 3, 2017 5. Resolution No. 2017 -19 — Approving a Memorandum of Understanding Among the Chugach National Forest 11 -MU- 11100400 -121, the Kenai National Wildlife Refuge, the Alaska Department of Natural Resources, the City of Soldotna, Kenai Peninsula Borough, the City of Kenai and the Kenai Watershed Forum in Support of the Stream Watch Program. MOTION: Council Member Molloy MOVED to approve Resolution No. 2017 -19 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. It was clarified that the Memorandum of Understanding did not commit the City to expend funds and that there weren't currently any projects taking place in the City; committed the City to working in cooperation with other agencies for stream bank protection. It was pointed out that the goal of the organization was to inform the public and help impart a respect for habitat and fisheries. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of April 19, 2017 Meeting minutes approved by the consent agenda. 2. *Special Meeting of April 25, 2017 Meeting minutes approved by the consent agenda. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. *Action /Approval — Liquor License Transfer of Ownership from Don Jose's LLC, to the Mad Moose Bar & Grill, LLC. Approved by the consent agenda. 3. *Ordinance No. 2950 -2017 — Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for the Purpose of Funding a 10 Week Student Internship Position at the Kenai Community Library. Introduced by the consent agenda and public hearing set for May 17, 2017. City of Kenai Council Meeting Page 5 of 9 May 3, 2017 4. *Ordinance No. 2951 -2017 — Amending Kenai Municipal Code Title 23 — Personnel Regulations, to Clarify the Performance Evaluation Rating Categories for Consistency with the City's Performance Evaluation Form and Practices. Introduced by the consent agenda and public hearing set for May 17, 2017. 5. *Ordinance No. 2952 -2017 — 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 May 17, 2017. 6. *Ordinance No. 2953 -2017 — Accepting and Appropriating Additional Funds from the Federal Aviation Administration for the 2016 Improved Airport Drainage Project. Introduced by the consent agenda and public hearing set for May 17, 2017. 7. *Ordinance No. 2954 -2017 — Amending Kenai Municipal Code Chapter 10.30— Record Retention, to Update and Clarify the Form, Operations, and Procedures Regarding the Public Records Management Schedule and Record Retention Policy, and Making other Housekeeping Changes. Introduced by the consent agenda and public hearing set for May 17, 2017. 8. *Ordinance No. 2955 -2017 —Accepting and Appropriating a Grant from the Southern Region Emergency Medical Services (EMS) Council to Provide Staff Training. Introduced by the consent agenda and public hearing set for May 17, 2017. *Ordinance No. 2956-2017 — Amending Kenai Municipal Code 13.30.080— Operating a Vehicle in s Prohibited Area, and Associated Appendix II, to Allow for Limited Operation and Maintenance of the Existing Air Strip on a Portion of Tract B, Dragseth Subdivision 2016 Addition, According to the Official Plat Thereof, Filed Under Plat Number 2016 -22, and a Portion of Government Lots 9 -15 Inclusive, Section 7, Township 5 North, Range 11 West, and a Portion of the SE' /< SE' /< NE' /<, Section 7, Township 5 North, Range 11 West, Seward Meridian all Recorded in the Kenai Recording District, Third Judicial District, State of Alaska. Introduced by the consent agenda and public hearing set for May 17, 2017. 10. *Ordinance No. 2957 -2017 — Authorizing the Sale of Tract A, Dragseth Subdivision 2016 Addition, According to the Official Plat Thereof, under Plat No. 2016 -22, Filed in the Kenai Recording District, Third Judicial District, State of Alaska, Including all Improvements Thereon, to PRL Logistics Inc., and Providing the Sale Proceeds to the State of Alaska for Reimbursement into Grant No. 15 -DC -078 for Use by the City to Continue Enhancing Access and other Related Improvements to the South Beach. Introduced by the consent agenda and public hearing set for May 17, 2017. City of Kenai Council Meeting Page 6 of 9 May 3, 2017 11. Action /Approval — Approving a Special Use Permit to United Parcel Service, Co., for Aircraft Parking. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to United Parcel Service, Co. for Aircraft Parking and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Navarre. VOTE: There being no objection; SO ORDERED. 12. Action /Approval — Approving a Special Use Permit to United Parcel Service, Co., for Aircraft Parking. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to Empire Airlines, Inc., for Aircraft Parking and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Navarre. VOTE: There being no objection; SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Next meeting cancelled. 2. Airport Commission — Reviewed the May 11 agenda. 3. Harbor Commission — It was reported that the Commission Chair had resigned; she was thanked for her service; next meeting May 8. 4. Parks and Recreation Commission — Reviewed the May 4 agenda. 5. Planning and Zoning Commission — It was reported that on April 26 the Commission approved an encroachment permit; next meeting May 10. 6. Beautification Committee — No Report; next meeting May 9. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Met with City Officials and Senator Murkowski regarding the BEACON building; • Noted the ongoing BP Teacher's of Excellence Awards; • Attended a boy scouts meeting and spoke about archery; • Delivered a proclamation declaring the Month of May, "Poppy Month," for the American Legion; • Noted the Employee Appreciation Dinner on May 19. City of Kenai Council Meeting Page 7 of 9 May 3, 2017 ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Attended a Parks & Recreation staff meeting; • Toured City facilities with the Public Works Director; • Met with Fish & Game regarding the Personal Use Fishery and a Silver Salmon Derby; positive response; • Meeting with residents in VIP subdivision regarding a reported commercial fishing business and ensuring code compliance; • Corps of Engineers still finalizing Bluff Erosion Project. 2. City Attorney — No Report. 3. City Clerk — S. Modigh reported Council Member Glendening resigned from the Kenai Peninsula Borough Planning Commission; provided a reminder for upcoming meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Councilor Knackstedt expressed gratitude to those that spoke about the fireworks ordinance and challenged other councilors to develop revenue - producing legislation. Council Member Boyle thanked Commissioner Thornton for her service to the community. Student Representative Lindeman reported that graduation ceremonies were on May 24; provided an update on upcoming sporting events and concerts; attended a Kenai Rotary Luncheon recognizing the students of the month; noted May 17 was her last meeting. Council Member Glendening attended the 150 -year conference noting it was enlightening and built on themes from 1974. Council Member Pettey thanked the members of the community for their input on the fireworks ordinance; also thanked McIntosh and Schaeffer for their presentations. L. EXECUTIVE SESSION - Review and Discussion of the City Clerk's Evaluation and Negotiation of the City Clerk's Employment Agreement, matters which may be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk and of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(C)(1)(2)]. MOTION: Council Member Molloy MOVED to convene in executive session to discuss the City Clerk's Evaluation and Negotiation of the City Clerk's Employment Agreement, matters which may be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk and of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS City of Kenai Council Meeting Page 8 of 9 May 3, 2017 44.62.310(C)(1)(2)] and requested the Attorney and Human Resources be available as needed and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was requested that the City Clerk's evaluation and employment agreement be added to the next meeting agenda. Action /Approval — Approving an Employment Agreement between the City of Kenai and City Clerk Sandra Modigh. [Clerk's Note: This action will take place in open session.] [Clerk's Note: This item was not taken up.] M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:42 p.m. I certify the above rgpresents accurate Modigh, CMC ai City Council meeting of May 3, 2017. "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 May 3, 2017