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Home My WebLink About2017-08-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING AUGUST 16, 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 August 16, 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 (telephdnic) A quorum was present. Also in attendance were: Robert Molloy Tim Navarre (telephonic) Glenese Pettey "'Brittany Gilman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, Acting City Clerk 3. Administer Oath of Office for Student Representative Brittany Gilman Mayor Gabriel administered the Oath of Office for Student Representative Brittany Gilman. 4. Agenda Approval Mayor Gabriel noted the following additions to the packet: Add to Item D.7. Resolution No. 2017-54 Amendment Memo Add to Item D.10. Resolution No. 2017-57 • Memorandum in Support Remove Item G. 2. Purchase Orders Exceeding $15,000. Add to Item J. 1. City Manager's Report Letter to Kenaitze Indian Tribe Supporting a Transportation Project MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions to the agenda and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 5. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda 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. Heather Cavanaugh, Alaska Communications — Update on Alaska Communications' High -Speed Broadband Network Expansion. Heather Cavanaugh, Director of External Affairs and Stan Masneri, District Operations Manager for Alaska Communications, provided an overview on a recently received grant and plans to expand Alaska Communications' High Speed Broadband Network. After a brief recess, Mayor Gabriel took the liberty of reading a proclamation honoring Dick Morgan, the last surviving member of the City of Kenai Charter Commission, who had recently passed away. C. UNSCHEDULED PUBLIC COMMENTS Jill Schaefer provided an overview of the bed tax and sales tax propositions that had been considered by the Borough Assembly at their recent meeting noting she heard overwhelming remarks from Kenai constituents that, if given the choice, they supported the increase to the sales tax cap instead of the bed tax. City of Kenai Council Meeting Page 2 of 11 August 16, 2017 D. PUBLIC HEARINGS 1. Ordinance No. 2973-2017 — 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. 2973-2017 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. The library director was thanked for her work in applying for the grant. VOTE: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: "Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2974-2017 — Accepting and Appropriating a Grant from the United States Department of Transportation Passed Through the State of Alaska Department of Transportation and Public Facilities for the Reduction of Fatalities and Injuries on Roadways. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2974-2017 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: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: "Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. Ordinance No. 2975-2017 — Appropriating Funds in the Airport Fund, Accepting a Grant From the Federal Aviation Administration and Appropriating Funds in the Airport Capital Project Fund for the Terminal Building Rehabilitation Project and Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design Services. MOTION: City of Kenai Council Meeting Page 3 of 11 August 16, 2017 Council Member Knackstedt MOVED to enact Ordinance No. 2975-2017 and 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. Administration provided an overview of the project noting scoping, design, and construction was to be accomplished in three phases and clarified that the mechanical schematic design was included in the scoping phase; anticipated construction to begin in 2018. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by removing the words, "and construction engineering," in the third whereas clause and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: *"Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2976-2017— Increasing Estimated Revenues and Appropriations by $15,371 in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Airport Fencing Rehabilitation Project. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2976-2017 and 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. MOTION: Council Member Knackstedt MOVED to amend by removing the sentence in parenthesis in Section 5 and the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: City of Kenai Council Meeting Page 4 of 11 August 16, 2017 "Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2977-2017 — Amending Kenai Municipal Code Sections 14.20.151 — Application for Conditional Use Permit for Surface Extraction of Natural Resources, 14.20.152 — Review of Application, 14.20.153 — Public Hearing, 14.20.154 — Issuance of Permit, 14.20.155 — Operation, 14.20.156 — Yearly Review, 14.20.157 — Termination, 14.20.158 — Amendment or Transfer, to Allow the City Planner to Determine Application Completeness and Making Other Housekeeping Changes. MOTION: Council Member Glendening MOVED to enact Ordinance No. 2977-2017 and 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. MOTION TO POSTPONE: Council Member Glendening MOVED to postpone to the September 6 meeting where a substitute ordinance and public hearing would be provided and the motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. It was noted that there was an error with the procedure which was being corrected by the postponement. VOTE: There being no objections, SO ORDERED. 6. Ordinance No. 2978-2017— Increasing Congregate Housing Fund Estimated Revenues and Appropriations to Provide Repair and Maintenance Funds That Were Inadvertently Omitted from the Funds FY2018 Budget. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2978-2017 and 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: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: "Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 5 of 11 August 16, 2017 7. Resolution No. 2017-54 — Authorizing a Budget Transfer in the General Fund for the Purchase of Neogov Applicant Tracking Software Licensing and a One -Time Setup and User Training Fee. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-54 and 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. MOTION TO AMEND: Council Member Molloy MOVED to amend by the "General Fund" amounts in Section 1 to $17,613.86 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. An annual summary of how the software helped the City was requested. UNANIMOUS CONSENT was requested. VOTE ON THE MAIN MOTION: There being no objection; SO ORDERED. 8. Resolution No. 2017-55 — Awarding A Three -Year Contract for Telecommunications Services to Alaska Communications. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-55 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. Administration provided an overview of the services provided by the contract and noted confidence that the bidders knew what they were bidding on. VOTE: There being no objection; SO ORDERED. 9. Resolution No. 2017-56 — Authorizing an FY2017 Budget Transfer in the Senior Citizen Fund for Personnel Costs in Excess of Budgeted Amounts. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-56. The motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. City of Kenai Council Meeting Page 6 of 11 August 16, 2017 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that controls had been put into place to prevent the excess from happening in the future. VOTE: There being no objection; SO ORDERED. 10. Resolution No. 2017-57 — Consenting to a Renewal of Lease of Certain Airport Lands within the Airport Reserve Between the City of Kenai, Lessor, and SOAR International Ministries, Inc., Lessee, on Property Described as Lot 2, Block 3, General Aviation Apron Number One. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-57 and 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. Administration requested postponement as there had been a request to revisit the terms of the lease. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone to the next meeting and the motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. 11. Resolution No. 2017-58— Authorizing a Donation to Peninsula Art Guild, Inc. for Completion of Preliminary Design to Renovate and Remodel the Kenai Fine Arts Center, a Facility Owned by the City of Kenai and Leased to the Peninsula Art Guild. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2017-58 and the motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing. Marian Nelson, Board Member, expressed gratitude for consideration of the donation. There being no one else wishing to be heard, public comment was closed. It was noted that the building was likely the oldest building the City owned and investment into the facility was practical. It was also noted that an as -built survey may be required and it was hoped administration would be helpful if that were the case. VOTE: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 7 of 11 August 16, 2017 E. MINUTES 1.*Regular Meeting of August 2, 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 agenda during approval of the agenda.] *Action/Approval — Non -Objection of the Marijuana Licence Renewals for Red Run Cannabis Company, LLC and Red Run Cannabis Cultivators, LLC. Approved by the consent agenda. 4. *Ordinance No. 2979-2017 — Amending KMC 14.20.330 Standards For Commercial Marijuana Establishments, to Change how Buffer Distances are Measured from Commercial Marijuana Establishments to Post -Secondary Schools, Recreation or Youth Centers, Churches, Correctional Facilities, and Substance Abuse Treatment Facilities and Approving a Policy to Provide Guidance in Measuring Pedestrian Routes. Introduced by the consent agenda and public hearing set for September 6, 2017. 5. *Ordinance No. 2980-2017 — Declaring that Lot 9, Block 8, Original Townsite of Kenai, According to Plat No. K-2970, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, also Known as 612 Inlet Street, Kenai, Alaska, whose Last Recorded Owner Under Borough Assessment Records was Billy A McCann, Po Box 92, Kenai, Alaska, Shall be Retained by the City Of Kenai for a Public Purpose. Introduced by the consent agenda and public hearing set for September 6, 2017. 9. Action/Approval — Authorizing the City Manager to Work with the Kenai Chamber of Commerce and Visitor's Center to enter into a Memorandum of Understanding to operate a Dipnet App. MOTION: Council Member Molloy MOVED to authorize the City Manager to work with the Kenai Chamber of Commerce and Visitor's Center to enter into a memorandum of understanding to operate a Dipnet App and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. City of Kenai Council Meeting Page 8 of 11 August 16, 2017 Administration noted there had been 8,500 downloads of the app. VOTE: There being no objection; SO ORDERED. 10. Action/Approval — Authorizing the City Manager to Work with the Kenai Chamber of Commerce and Visitor's Center to enter into a Memorandum of Understanding to create and maintain an Eagle Cam. MOTION: Council Member Mollooy MOVED to authorize the City Manager to work with the Kenai Chamber of Commerce and Visitor's Center to enter into a memorandum of understanding to create and maintain an Eagle Cam and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. It was clarified that there had been no secondary plans in the case the nest was not utilized the following year as the nest had been utilized for the past three years running. VOTE: There being no objection; SO ORDERED. [Clerk's Note: Council Member Navarre left the meeting at 7:18 p.m.] H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — It was reported that at their August 10 meeting, the Council heard a presentation by Dan Nelson on emergency preparedness and how seniors can volunteer and also discussed goals. The Council was notified of an Open House for Vintage Pointe's 251" Anniversary; next meeting September 14. 2. Airport Commission — It was reported that at their August 10 meeting the Commission discussed and recommended approval of the SOAR lease renewal and were advised of the plan to provide for an automated airport parking add-on feature for users to extend payment by phone if needed; next meeting September 14. 3. Harbor Commission — It was reported that at their August 7 meeting the Commission continued looking at defining their roles and responsibilities, researched no -wake signs at the mouth of the river, and supported the Landscape Site Plan Ordinance; next meeting September 11. 4. Parks and Recreation Commission — No report; next meeting September 7. 5. Planning and Zoning Commission — It was reported that the Commission met August 9 and discussed and recommended approval of the SOAR lease renewal and held a public hearing prior to recommending approval of a material extraction ordinance and suggesting clearing limits be included with the ordinance; next meeting August 23. 6. Beautification Committee — It was reported that on August 8, a special meeting was held and what did/did not work for flower beds and gardens was discussed; next meeting September 12. 7. Mini -Grant Steering Committee — No report. City of Kenai Council Meeting Page 9 of 11 August 16, 2017 I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • September's Coffee with the Mayor would be held at the Art Guild. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Prepared a letter of support for the Kenaitze Indian Tribe who was applying for a grant for a fixed route transportation project; • Thanked the Chamber of Commerce for entering into the Memorandums of Understanding and the work they would be doing; • Continued work with State Parks for permitting for a Silver Salmon Derby; • Summarized the legislative update from the Joint Chambers of Commerce Luncheon; • Participated in a surveyed regarding criminal re-entry and recidivism; • Noted the Bluff Erosion Project was still open for public comment. There was no objection to the manager sending the letter of support to the Kenaitze Indian Tribe for the transportation project grant. 2. City Attorney — No Report. 3. City Clerk — Acting City Clerk J. Heinz reported on the following: • Thanked the Council for the opportunity to interview for the City Clerk position and ultimately offering her the position; • Reported the Candidate filing period for City Council closed on August 15 — three candidates would be on the ballot to fill two City Council seats; • Voters wanting to vote in the October 3 election needed to be registered by September 3; • Absentee voting was to begin on September 18. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Johna Beech noted Industry Appreciation Day was August 26 and special awards were being provided this year. 2. Council Comments Council Member Pettey congratulated Student Representative Gilman and welcomed her to Council. Council Member Knackstedt echoed welcoming Student Representative Gilman and Congratulated Kathy Romain on being the new Senior Center Director. City of Kenai Council Meeting Page 10 of 11 August 16, 2017 Council Member Glendening echoed previous comments welcoming Student Representative Gilman and thanked the manager for his answers regarding projects. Student Representative Gilman expressed gratitude for the opportunity to serve as Student Council Representative and noted that she was honored to serve this year. Councilor Molloy echoed others welcoming Student Representative Gilman; thanked department directors for status reports and updates provided in the packet; wished candidates for City Council a good campaign. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:45 p.m. I certify the above represents accurate mint 2017. 645 (10 jn� 6J-�, J e Heinz, CMC - A ti City Clerk of the Kenai City Council meeting of August 16, N "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 11 of 11 August 16, 2017