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HomeMy WebLinkAbout2017-06-21 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JUNE 21, 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 June 21, 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: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, Acting City Clerk Robert Molloy Tim Navarre Glenese Pettey Mayor Gabriel took a moment to review a list of accomplishments of former City Manager, Rick Koch, who passed away on Sunday, June 18, 2017. MOTION: Council Member Navarre MOVED to direct Administration to work with the family and the City donate a plaque and a tree in Leif Hansen Memorial Park in Mr. Koch's honor and the motion was SECONDED by Council Member Glendening. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: MOTION PASSED UNANIMOUSLY. 3. Agenda Approval Mayor Gabriel noted the following additions to the packet: Add to Item 4. Consent Agenda • Memo from Finance Director Add to Item D. 4. Ordinance No. 2968-2017 • Correspondence from B. McIntosh 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 Navarre MOVED to approve the consent agenda with the removal of Purchase Orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Molloy 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 Frates, Parks and Recreation Director- Introduction of the Winners of the 2017 Pathway of Poetry Project Sponsored by the Friends of the Kenai Community Library and the Kenai Parks and Recreation Department. Parks and Recreation Director, Bob Frates, introduced the winners of the Pathways of Poetry Project, provided an example of a sign, and how the poem was accessed via smartphone. 2. Dan Castimore, IT Manager— Introduction and Demo of the City Dipnet App. IT Manager Dan Castimore provided a demonstration of the City's new Dipnet App noting features for advertisers and public safety. C. UNSCHEDULED PUBLIC COMMENTS City of Kenai Council Meeting Page 2 of 13 June 21, 2017 Donald Normady asked that the City consider opportunities to make the dipnet fishery more accessible to those with disabilities; offered to work with officials on development of a plan. Michael Christian encouraged moving forward with the expansion of the cemetery. D. PUBLIC HEARINGS 1. Ordinance No. 2965-017 — Amending Kenai Municipal Code 4.32.015 — Local Amendments to the 2012 International Residential Code, to Facilitate Fee Schedule Changes for Building Permits and Plan Reviews. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2965-2017 and the motion was SECONDED by Council Member Glendening. 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: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2966-2017 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2966-2017 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: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2967-2017 — Appropriating Transfers for FY2018 Budgeted Capital Projects in the Public Safety Capital Project Fund, the Kenai Animal Shelter Improvements Capital Project Fund, the Municipal Roadway Improvements Capital Project Fund, the City Shop Improvements Capital Project Fund, and the Cemetery Improvements Capital Project Fund. MOTION: City of Kenai Council Meeting Page 3 of 13 June 21, 2017 Council Member Molloy MOVED to enact Ordinance No. 2967-2017 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. It was pointed out that, included in the Capital Projects, was an appropriation for cemetery expansion. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2968-2017 —Appropriating General Fund Balance Funds into General Fund Land Administration -Lands Fund for the Purchase by the City of Kenai's General Fund of Airport Property Outside the Airport Reserve Constituting Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4, Section 33,T6N, R11W, Seward Meridian, Commonly Referred to as 'Lawton Acres' and Deed Restricting the Future Use Of the Property to Parks and Recreational Uses to be Retained by the City for a Public Purpose. MOTION: Council Member Boyle MOVED to enact Ordinance No. 2968-2017. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing. Dan Sterchi spoke in opposition of the ordinance noting the buffer shouldn't be paid for by the taxpayers and that for the size of the city, there were plenty of parks. Richard Aber spoke in favor of the ordinance noting referendums had been in favor of retention of the property. Greg Daniels spoke in favor of the ordinance suggesting that the property was valuable to the community; pointed out that appraisal was done with the property zoned as conservation and the Broker's opinion of value was provided as if the property was commercial. Mike Christian spoke in favor of the ordinance noting the referendum vote was more about preserving access to a conservation look. Suggested there was no discussion of appraisal when Dr. Sorhus put his offer in and questioned why the City was paying premium price when the monies were transferring from one fund to another. Roy Wells spoke in favor of the ordinance expressing a willingness to compromise; noted the ordinance was about dedicating the property for parks and recreation; also noted the FAA had put stipulations on the property. He suggested there was room for compromise. City of Kenai Council Meeting Page 4 of 13 June 21, 2017 Dave Thompson spoke in favor of the ordinance; pointed out another dentist had wanted to purchase property on the other side of the highway but was blocked; suggested the property could be transferred and future councils could decide. Barb Christian spoke in favor of the ordinance noting a portion of the property was unusable due to pollution and other features of the property. Mary Whitely pointed out that there had been no environmental studies done on the property but past fire trainings caused soil contamination with fire retardants; suggested an assessment be completed. Kelly Kelso pointed out the large piece of residential property across the highway that another dentist was wanting to purchase became a much larger project than had been expressed to the local residents. There being no one else wishing to be heard, public comment was closed Clarification was provided regarding how the airport enterprise fund benefited from the sale of the property, when the funds could be utilized, and the City's responsibility that income realized from the property was to be used for airport operation and maintenance. Specific information regarding what appraisals had been ordered and how the parcels were being appraised was provided. It was pointed out that an appraisal was done prior to any sale. It was noted that the intent of the ordinance was to comply with the deed of release; investment policies provided for maintenance and operation of the airport. It was pointed out that the Council had been in the process of obtaining answers to the questions to ensure the decision was as informed as possible. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone Ordinance 2968-2017 to refer the matter to the Airport Commission to provide a review and recommendation to Council on the sale of Lawton Acres at the Airport Commission's July 13, 2017 meeting, allowing for further Council consideration of the Ordinance along with the Airport Commission's recommendation at Council's July 5, 2017 meeting and the motion was SECONDED by Council Member Navarre. MOTION TO AMEND: Council Member Molloy MOVED to amend by providing for a second public hearing on July 5 and removing the referral to the Airport Commission's July 13 meeting. The motion was SECONDED by Council Member Boyle. MOTION TO DIVIDE THE QUESTION: City of Kenai Council Meeting Page 5 of 13 June 21. 2017 Council Member Boyle MOVED to divide the question considering the opportunity for a second public hearing on July 5 first and the removal of the referral to the Airport Commission's July 13 meeting second and the motion was SECONDED by Council Member Molloy. VOTE TO DIVIDE THE QUESTION: YEA: Knackstedt, Gabriel, Glendening, Pettey, Navarre, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. UNANIMOUS CONSENT was requested on the first component. VOTE ON THE FIRST COMPONENT: VOTE ON THE SECOND COMPONENT: There being no objection; SO ORDERED. YEA: Molloy, Boyle NAY: Knackstedt, Gabriel, Glendening, Pettey, Navarre MOTION FAILED. UNANIMOUS CONSENT was requested on the amended postponement motion. VOTE ON POSTPONEMENT: There being no objection; SO ORDERED. It was pointed out that public notice mailings had been provided to the neighborhood keeping them apprised of the ongoing meetings regarding Lawton Acres and asked to resume sending public notice as provided for in code as the neighborhood had a grasp of the ongoing meetings. MOTION: Council Member Navarre MOVED to send notifications as code prescribed for public notification moving forward and Council Member Pettey SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Glendening, Pettey, Navarre NAY: Molloy, Boyle MOTION PASSED. 5. Resolution No. 2017-31—Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Library Fees, as Recommended by the Library Director. MOTION: City of Kenai Council Meeting Page 6 of 13 June 21, 2017 Council Member Navarre MOVED to approve Resolution No. 2017-31 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 6. Resolution No. 2017-32—Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to the Water Service Fee Schedule. MOTION: Council Member Navarre MOVED to approve Resolution No. 2017-32 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 7. Resolution No. 2017-33—Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to the Planning & Zoning Fees, as Recommended by the City Planner. MOTION: Council Member Molloy MOVED to approve Resolution No. 2017-33 and requested UNANIMOUS CONSENT. 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: There was no objection; SO ORDERED. 8. Resolution No. 2017-34—Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to the City's Dock Fees. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-34 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. City of Kenai Council Meeting Page 7 of 13 June 21, 2017 9. Resolution No. 2017-35—Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to the City's Animal Control Fees, as Recommended by the Chief Animal Control Officer. MOTION: Council Member Navarre MOVED to approve Resolution No. 2017-35 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 10. Resolution No. 2017-36—Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to the City's Building Permit Fees. MOTION: Council Member Molloy MOVED to approve Resolution No. 2017-36 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided on how the valuation of construction was obtained and how the fees were being increased incrementally. VOTE: There was no objection; SO ORDERED. 11. Resolution No. 2017-37 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Eliminate Fees for Private Detective Agencies, as Recommended by the Police Chief. MOTION: Council Member Navarre MOVED to approve Resolution No. 2017-37 and the motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 12. Resolution No. 2017-38—Amending its Comprehensive Schedule of Rates, Charges, and Fees To Incorporate Changes To The Fees Of The Kenai Municipal Airport, As Recommended By The Airport Manager. MOTION: City of Kenai Council Meeting Page 8 of 13 June 21, 2017 Council Member Knackstedt MOVED to approve Resolution No. 2017-38 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 13. Resolution No. 2017-39 — Stating its Conditional Protest Regarding the Issuance Of A New Limited Marijuana Cultivation Facility, Marijuana License No. 12303, for Peninsula Botanicals, LLC, DBA Peninsula Botanicals, Located at 1030 Angler Drive Unit B, Kenai AK, 99611 and Authorizing the City Clerk to take Certain Action. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-39 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing. Aaron Langlois noted the applicant was moving forward with the Encroachment Permit and had no objection to the conditional protest. There being no one else wishing to be heard, public comment was closed. VOTE: There was no objection; SO ORDERED. 14. Resolution No. 2017-40 — Authorizing a Budget Transfer within Other Buildings & Areas Department of the Airport Fund for a Professional Services Agreement to Review the Airport's Land Lease and Land Sales Policies. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-40 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. Administration noted an internal working group was developing a methodology and developing appropriate fees and the contractor would be reviewing the work of the staff. VOTE: There was no objection; SO ORDERED. 15. Resolution No. 2017-41 - Consenting to an Assignment of Lease of Certain Airport Lands Between Sidney Morris and Schilling Rentals (2016), LLC and Consenting to an Amendment Changing the Annual Lease Rate from Ten Percent to Eight Percent of the Existing Lease on Real Property Described as Lot 1A, Block 1, Deshka Subdivision. MOTION: City of Kenai Council Meeting Page 9 of 13 June 21, 2017 Council Member Knackstedt MOVED to approve Resolution No. 2017-41 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided regarding the change in the lease rate. VOTE: There was no objection; SO ORDERED. E. MINUTES 1.'Regular Meeting of June 7, 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. 'Action/Approval — Purchase Orders Exceeding $15,000. [Clerk's Note: This item was removed from the Consent Agenda during approval of the Consent Agenda.] MOTION: Council Member Glendening MOVED to approve Purchase Orders exceeding $15,000 and Council Member Molloy SECONDED the motion. Explanation was provided regarding the additional work needed to complete the Reservoir Recoating Project. MOTION TO AMEND: Council Member Glendening MOVED to amend the Purchase Order to Kenai Chamber of Commerce and Visitor Center from $125,000 to $62,500 based on the expiration date of December 31, 2017. Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There was no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion. VOTE ON THE MAIN MOTION: There was no objection; SO ORDERED. City of Kenai Council Meeting Page 10 of 13 June 21, 2017 3. *Ordinance No. 2969-2017 — Amending Kenai Municipal Code Title 24 — Municipal Cemetery, to Update Procedures for Development of Cemetery Regulations and Opening and Closing of Graves, and to Provide Regulations in the Cemetery Regulations Appendix for Columbarium Niches, Marker or Headstone Deposits, and Other Housekeeping Changes. Introduced by the consent agenda and public hearing set for July 5, 2017. 4. *Ordinance No. 2970-2017 — Increasing Fiscal Year 2017, General Fund, Airport Fund, Water & Sewer Fund, Personal Use Fishery Fund, and Congregate Housing Fund Estimated Revenues And Appropriations For The Transfer Of Funds To Establish The New Employee Health Care Internal Service Fund Which Shall Be Utilized For Administering Employee Health Care Beginning In Fiscal Year 2018, July 1, 2017. Introduced by the consent agenda and public hearing set for July 5, 2017. 5. Action/Approval — Approving Travel Expenses for MacSwain Consulting Relating to Appraisal of Lawton Acres. MOTION: Council Member Navarre MOVED to approve travel expenses for MacSwain Consulting relating to the appraisal of Lawton Acres and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. VOTE: There being no objection; SO ORDERED. 6. Action/Approval — Special Use Permit to Reddi Towing for an Impound Lot. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to Reddi Towing for an Impound Lot and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy who. VOTE: There being no objection; SO ORDERED. H. 1. Council on Aging — No report; Next meeting July 13. 2. Airport Commission — It was reported that at their meeting on June 8 the Commission discussed the Master Plan Update, T-33 Aircraft Maintenance, Benton lease, Landscaping Site Plan draft ordinance, and approved a Special Use Permit for Pacific Star Seafoods for a fish haul; next meeting July 13. 3. Harbor Commission — Commission Liaison G. Pettey noted she was saddened by the loss of Commission Member Koch; Next meeting July 10. City of Kenai Council Meeting Page 11 of 13 June 21, 2017 4. Parks and Recreation Commission — No report; next meeting August 3. 5. Planning and Zoning Commission — It was reported that on June 14, the Commission approved a Preliminary Plat, a Conditional Use Permit, and recommended approval of a lease renewal at the airport; next meeting June 28. 6. Beautification Committee — No report; next meeting September 12. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended the Kenai Peninsula Air Fair— great participation; • Reminded of the Fourth of July festivities — encouraged attendance. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Attended a staff meeting in preparation of the dipnet fishery; • Met with the Chamber of Commerce regarding the Eagle Cam & Dipnet App; • Reported the Parks & Recreation department received a community service award from the Chamber of Commerce; • Reported the closing of the Dragseth property had been pushed to mid-July due to the property appraisal; • Reported the Kenai River Bluffs Bank Stabilization Project had been published for public comment. 2. City Attorney — No Report. 3. City Clerk — Acting City Clerk, J. Heinz, reported the City's Laserfiche vendor had provided a staff training on the Laserfiche software and training was ongoing with the Granicus software vendor to get PEAK agenda management and eComment up and running. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Molloy extended heartfelt condolences to Alex Koch and his extended family. Council Member Knackstedt reported he had participated in the Kenai Peninsula Air Fair and extended condolences to friends and family of Rich Koch. Council Member Boyle echoed condolences to Rick Koch's family. City of Kenai Council Meeting Page 12 of 13 June 21. 2017 Council Member Glendening reported he had attended the Kenai Peninsula Air Fair — enjoyed . helping barbeque with Rick Kock noting he would be missed. Vice Mayor Navarre congratulated the Parks and Recreation Department for their Community Service Award; appreciated the Pathway of Poetry project as one of a number of opportunities for citizens to participate in their community; noted he was proud to have known Rick Koch as he continued to participate in the City after his retirement. L. EXECUTIVE SESSION 1. Review and Discussion of Interview Questions, Interview Dates, and Applications Submitted for the City Clerk Position. [AS 44.62.310(C)(2)(3) a Subject that Tends to Prejudice the Reputation and Character of an Applicant and Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential.] MOTION: Council Member Molloy MOVED to convene in executive session to discuss interview questions, interview dates, and applications submitted for the City Clerk position, a subject that tends to prejudice the reputation and character of an applicant and matters which law, municipal charter, or ordinance are required to be confidential per AS 44.62.310(C)(2)(3) and requested the attendance of the City Attorney, City Manager and the motion was SECONDED by Council Member Navarre. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and noted they began their review of candidates, interview questions, and interview dates for the City Clerk position and would meet in Executive Session on July 5 to continue discussion of the same. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:10 p.m I certify the above represents accurate minutes of the Kenai City Council meeting of June 21, 2017. City Clerk U� City of Kenai Council Meeting Page 13 of 13 June 21. 2017