Loading...
HomeMy WebLinkAbout2017-09-06 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 6, 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 September 6, 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 (telephonic) A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, Acting City Clerk 3. Agenda Approval Robert Molloy Tim Navarre Glenese Pettey Mayor Gabriel noted the following additions to the packet: Add to Item DA. Resolution No. 2017-59 Informational Memo 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. 4. 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. Tim Dillon, Executive Director, Kenai Peninsula Economic Development District — City, Borough, and State Economic Update. Tim Dillon, Executive Director, Kenai Peninsula Economic Development District provided an overview on the work that they're doing noting how they're funded, the reports they produce, and the five year plan that they've provided to the federal government; reported the Industry Outlook Forum was scheduled for January 10, 2018; noted he would be meeting with the Secretary for the US Economic Development Administration and would be providing him a list of shovel ready projects on the Kenai Peninsula and in Kenai. Johna Beech, Executive Director and COO, Kenai Visitor and Cultural Center — Second Quarter 2017 Statistics Report. Johna Beech, Executive Director and COO, Kenai Visitor and Cultural Center provided an update on the second quarter Visitor Center statistics noting the number of visitors into the center, guides provided, and facility usage; also noted the upcoming Silver Salmon Derby, helping with Fall Festival planning, candidate forums ongoing, and an upcoming adult Halloween Party. C. UNSCHEDULED PUBLIC COMMENTS Joe Harris spoke on behalf of the historical society noting the boat near Moosemeat John's Cabin continues to be knocked over; asked that a permanent fence be put into place. Janice Chumley noted that invasive plants had a negative effect on economics of communities; had seen White Sweet Clover on Marathon Road and pointed it out to the Parks and Recreation Director who pulled it and had it burned. After revisiting the area she noted seedlings that will need to be dealt with next year because it is a biennial plant; thanked for the prompt attention. Jacqueline VanHatten thanked the Council for the opportunity to work for the City; noted she was leaving the state; gave a history of her lineage. Also noted she was honored to perform at the 2011 All-American City Award banquet and re -performed the song as a gift to the Council. City of Kenai Council Meeting Page 2 of 10 September 6, 2017 D. PUBLIC HEARINGS 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. (Clerk's Note: This item was postponed to this meeting at the August 16 meeting for the purposes of preparing a substitute ordinance and a second public hearing; a motion to enact is on the floor.) • Substitute 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, Impose Onsite Clearing Limit Delineations and Making Other Housekeeping Changes. MOTION TO AMEND: Council Member Glendening MOVED to amend by substitute Ordinance No. 2977-2017 and the motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted there had been a need recognized to be more efficient in the process for considering Conditional Use Permits for Natural Resource Extraction and the ordinance did that by reducing the number of hearings without precluding the Planning and Zoning Commission from asking for more information. An overview of the inclusion of clearing limit delineations and other amendments made was provided. It was noted that in section 2, there was a reference to a plan for regarding and shaping the land for future use that may need to be changed to regrading. The attorney noted the scrivener's error could be corrected administratively. MOTION TO AMEND: Council Member Molloy MOVED to amend Section 6 of the ordinance which titled KMC 14.20.155, "Year Review" by replacing the word, "Year," with the word, "Annual," and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 3 of 10 September 6, 2017 Clarification was provided that as long as the property owner could delineate their property boundary, they could delineate the clearing limits onsite, however a land surveyor would need to be involved at some point. VOTE ON THE MAIN MOTION: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2979-2017 and the motion was SECONDED by Council Member Navarre. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that after implementation of the initial regulations, issues had been discovered with measuring buffer distances and the ordinance and associated policy had provided for measuring by pedestrian routes as opposed to linear routes. There was suggestion that the topic was confusing due to the Borough voting on development and it wasn't fair to the businesses that were already open and those going through the process already that could have selected a newly available area but had made investment elsewhere. It was pointed out there had been a Board of Adjustment hearing on measuring buffer distance due to a Right -of -Way dedication and that the intention was to seek a recommendation from the Planning and Zoning Commission. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2979-2017 for a second public hearing at the October 4 meeting and refer to the Planning and Zoning Commission to provide a recommendation to the Council for Council's October 4 meeting. The motion FAILED for lack of a second. It was pointed out that in the statewide vote, the City voters approved commercial marijuana by a narrow margin and the regulations in place reflected that; the Planning and Zoning Commission spent a year developing the regulations, including the measuring methodology, and sending it back to them again may not be productive. It was suggested that utilizing the pedestrian route measuring methodology would liberalize where establishments could be, was a big change to City of Kenai Council Meeting Page 4 of 10 September 6, 2017 regulations that substantially worked. It was also suggested that the timing was poor with the upcoming borough vote. It was noted that there was ambiguity in the pedestrian route measuring methodology; the party that appealed the decision to the Board of Adjustment wasn't in favor of the change; the dedication of the public Right -of -Way was the issue. Reluctance to change the rules after some operators had invested in the City was noted, as was the consideration by the Marijuana Control Board to provide onsite consumption. The intent was to make the adjustments discussed in the Board of Adjustment deliberations was noted as was the intent to make opportunities more welcoming and encourage additional investment. VOTE: YEA: Boyle, Molloy NAY: Knackstedt, Gabriel, Pettey, Navarre, Glendening MOTION FAILED. 3. 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. • Substitute Ordinance No. 2980-2017 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2980-2017 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. MOTION TO AMEND: Council Member Molloy MOVED to amend by substitute Ordinance No. 2980-2017 and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. It was pointed out the property was adjacent to the Bluff Erosion Project, would be utilized by the Parks and Recreation department, and encompassed a small portion of Meeks Trail. Vice Mayor Navarre noted Billy McCann had been Vice Mayor of the City and would be happy that his property would be going to the City. VOTE ON THE MAIN MOTION: City of Kenai Council Meeting Page 5 of 10 September 6, 2017 YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2017-59 — Authorizing the Use of the Equipment Replacement Fund to Purchase Two Trucks, With Attachments, for the Streets Department to be used as Snow Plows, Dump Trucks, and Sanders Utilizing the Alaska Department of Transportation & Public Facilities Fleet Procurement Contract. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-59 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. It was noted that the unit it was a slip in unit, which was economical, versatile, and provided rust prevention and administration was thanked for the additional information. VOTE: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Special Meeting of August 11, 2017 Meeting minutes approved by the consent agenda. 2.*Regular Meeting of August 16, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS 1. 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. (Clerk's Note: This item was postponed to this meeting at the August 16 meeting; a motion to adopt is on the floor.) MOTION: Council Member Knackstedt MOVED to postpone to the September 20 meeting and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. City of Kenai Council Meeting Page 6 of 10 September 6, 2017 VOTE: There being no objection; SO ORDERED. 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. 2981-2017 —Amending Kenai Municipal Code, Chapter 1.15 —Rules of Order, to Change Gender Specific Language to Gender Neutral, Provide Consistency in the References to the Chair of a Meeting, and Other Housekeeping Changes. Introduced by the consent agenda and public hearing set for September 20, 2017. 4. *Ordinance No. 2982-2017 — Amending Kenai Municipal Code Section 7.30.010 — Airport Land Sale Permanent Fund, to Eliminate References to the Airport Enterprise Fund which is No Longer Utilized. Introduced by the consent agenda and public hearing set for September 20, 2017. 5. *Ordinance No. 2983-2017 — Accepting and Appropriating a Donation to the Kenai Parks & Recreation Department for the Purchase of Bleachers. Introduced by the consent agenda and public hearing set for September 20, 2017. *Ordinance No. 2984-2017 — Amending Kenai Municipal Code Section 23.55.060 — Stand -By Pay, to Amend the Rate of Stand -By Pay and Increasing Water & Sewer Fund Estimated Revenues and Appropriations to Provide Standby Pay for Certified Water and Wastewater Operators that was Not Included in the FY2018 Budget. Introduced by the consent agenda and public hearing set for September 20, 2017. 7. *Ordinance No. 2985-2017 — Amending Kenai Municipal Code Section 13.20.035 - Camping, Fires and Other Activities on City Beaches, to Prohibit the Burning of Pallets and Other Wood Materials Containing Metal Fasteners on City Beaches. Introduced by the consent agenda and public hearing set for September 20, 2017. I" 1. Council on Aging — A reminder was provided for Vintage Pointe's 25th Anniversary celebration on September 7; next meeting September 14. 2. Airport Commission — No report; next meeting September 14. 3. Harbor Commission— No report; next meeting September 11. City of Kenai Council Meeting Page 7 of 10 September 6, 2017 4. Parks and Recreation Commission — No report; next meeting September 7. 5. Planning and Zoning Commission — It was reported that the Commission met August 23 and approved a plat vacating a section line easement near Royal Street and a held a public hearing and subsequently approved a Conditional Use Permit for Eagle Rock Boat Launch Rehabilitation; next meeting September 13. 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: • Met with a student regarding recycling fishing web into skateboards, sunglasses, etc.; they're now considering setting up a recycling center in Alaska; • Attended the Kenai Sportfish Association banquet; • Attended Industry Appreciation Day; • Coffee with the Mayor was held at the Art Guild and was well attended; • Floated the river in a duck raft for the Lions Club Duck Race and won the Mayor's race; • Delivered a Suicide Prevention Awareness Proclamation; • Thanked all that spoke to Council at the meeting. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • The comment period was closed in the Bluff Stabilization Project and provided an overview of the remaining process; • He and the Public Works director met regarding selling surplus items in online auctions and found that the selling agencies were selling more and making more money; • Was provided an update from Alaska Gasline Development Corporation and noted they were still hopeful for finding a market; • Received grant approval from FAA for terminal rehabilitation; • Met with Senior Connections regarding the atrium project and sought approval to utilize some of the funds donated by them for the atrium project to improve the sound system; • Process for selling off -airport properties, previously approved for sale, was being finalized and a recommendation coming forth; • Noted the Spur View Motel was being marketed for sale and if not sold, would be burned or destructed; • Provided an update on the Kenai Performers property; finding alternative property as airport owned previously donated property. 2. City Attorney — City Attorney S. Bloom reported on the following: City of Kenai Council Meeting Page 8 of 10 September 6, 2017 The leasing policy process was moving forward; held meetings with stakeholders and is reviewing the need for code amendments; Participated at the state level on legislation allowing liens on past due accounts or abatement issues and, after reviewing Kenai Municipal Code, found no need for code amendments; unless there was objection he would renew the practice of putting liens on property; Noted there was a request for surplus items to be auctioned continually but was problematic with the way the code was written requiring that Council surplus the items. 3. City Clerk — Acting City Clerk J. Heinz reported on the following: • Absentee voting was to begin on September 18; • An audit of the Cemetery was nearing completion, the map, the files, and the electronic files had all been updated and matched; ready to onboard and sell the Columbarium Niches. K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Vice Mayor Navarre Thanked those that helped with Industry Appreciation Day; noted the Alaska Gas Line Development Committee's Community Advisory Board was still moving ahead; expressed appreciation that Mayor Porter was in town, visiting. Council Member Pettey thanked VanHatten for her service to the City. Council Member Glendening noted his grandson had demolished a hotel in mid -town Anchorage that he had built and another grandson had been chosen to participate studying abroad in Germany. Councilor Knackstedt noted the Historical Foundation would begin their monthly meetings at Kenai Historical Society and he would be attending the Vintage Pointe Anniversary party; commended Student Representative Gilman's rendition of the star spangled banner. L. EXECUTIVE SESSION Action/Approval - Hiring, Recruitment, and Contract Discussion and Negotiation for a City Clerk. (Clerk's Note: Council May Convene into Executive Session to Discuss this Agenda Item which Pursuant to AS 44.62.310(C)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the Applicant and perAS 44.62.310(c)(1) is a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City.] fut•IK•7TIA City of Kenai Council Meeting Page 9 of 10 September 6, 2017 Council Member Molloy MOVED to convene in executive session to discuss hiring, recruitment, and contract discussion and negotiation for a City Clerk, 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)(1)(2) and requested the City Attorney and applicant, Jamie Heinz, be available as needed and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Gabriel, Knackstedt, Navarre, Pettey, Molloy, Glendening NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was noted a contract discussion took place with applicant Jamie Heinz, and an employment contract was negotiated successfully. MOTION: Council Member Navarre MOVED to appoint Jamie Heinz as City Clerk and award an employment agreement and requested UNANIMOUS CONSENT. Councilor Glendening SECONDED the motion. VOTE: There being no objections; SO ORDERED. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:33 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 6, 2017. Heinz, CMC j City of Kenai Council Meeting Page 10 of 10 September 6, 2017