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HomeMy WebLinkAbout2018-01-03 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JANUARY 3, 2018 — 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 January 3, 2018, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 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 Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk Senior Center Director, Kathy Romain Sean Wedemeyer, Public Works Director Jacquelyn Kennedy, Deputy Clerk Cindy Herr, Legal Administrative Assistant Angie Clary, Senior Center Administrative Assistant 3. Agenda Approval Mayor Gabriel noted the following additions to the packet: Remove Item B.3. Dean Williams, Commissioner, Alaska Department of Corrections • Email Add to Item D.I. Ordinance No. 2992-2017 Informational memo, maps, as built, documentation of construction Remove Item G.10. Set a Board of Adjustment Hearing Date • 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. Kenai Senior Connection — Senior Center Atrium Project and March for Meals Donation. Velda Geller of Kenai Senior Connection, thanked everyone for what was done with the Atrium. Great appreciation was expressed. She invited Council members to visit the Senior Center and see the new Atrium. Council members thanked the Senior Center for what they do for the community and appreciated the cookies brought to the meeting. The Kenai Senior Connection presented a check of $50,000 to the Kenai City Council for the Senior Center Budget as raised from the March for Meals Fundraiser. It was noted and recognized that the money was donated by the generous people of the community. 2. Robert Ruffner, Member of the Alaska Board of Fisheries Ruffner presented the 2014/2016 Integrated Water Quality Monitoring and Assessment Report. He noted that the federal Clean Water Act requires each state to monitor and report every two years on the quality and status of its waters. In recent news, it is being proposed that the Kenai River is declared to having problems with turbidity. He offered clarification as to what it means and that turbidity in the Kenai River was not the highest concern year round based on the study done. Ruffner noted that the State of Alaska was delegated the authority under the Clean Water Act to report every two years on the status of the bodies of water. The standards were set up to City of Kenai Council Meeting Page 2 of 11 January 3, 2018 meet this requirement and classified the waters for what types they are. He added that the Kenai River was being classified for the drinking water source standard, and recreation and secondary context standards. He further noted that the Kenai River was not being classified for fish and wildlife standards as the month of July was the main timeframe with excess levels of turbidity. 3. Dean Williams, Commissioner, Alaska Department of Corrections — Wildwood Correctional Work Release Program. [Clerk's Note: This item was removed from the agenda during Approval of the Agenda.] MOTION: Council Member Navarre MOVED to take up Ordinance No. 2994-2017 as Public Hearing Item D.1; the motion was SECONDED by Councilor Glendening who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. C. UNSCHEDULED PUBLIC COMMENTS Rachael Craig spoke in support and applauded the Kenai Senior Connections for the donation and the new Atrium at the Senior Center. Craig complimented the contractors as they took into consideration the seniors, cleanliness, the space provided, kept officials well informed, and added that the new view is incredible. Craig thanked City Council, staff, Senior Center management, and Kenai Senior Connections for the positive relationship. She added that it was a great achievement by Kenai Senior Connection and the community for the $50,000 raised. D. PUBLIC HEARINGS 3. Ordinance No. 2994-2017 — Increasing Estimated Revenues and Appropriations in the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the Meals -on -Wheels Program from Subaru of America, Inc. and Meals on Wheels Association of America. [Clerk's Note: This item was moved to be taken up first under public hearings.] MOTION: Council Member Navarre MOVED to enact Ordinance 2994-2017 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing. Senior Center representative Carrie spoke in support of the new Subaru transportation. She noted the safety features and easier driving in Alaska winter when delivering meals; expressed appreciation. There being no one else wishing to be heard, public comment was closed. City of Kenai Council Meeting Page 3 of 11 January 3, 2018 Administration clarified that it was not the standard Subaru, and the extras included: Bluetooth capabilities which allowed cell phone use instead of handheld radios; that it was all -wheel drive with new winter tires, excellent gas mileage, heat plug -ins, and a sun roof. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 - Mandatory Connections and Abandonment of Old On -Site Sewer Systems, for 2737 Iliamna Road. Council Member Knackstedt MOVED to enact Ordinance 2992-2017 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing. Mike Chivers, owner of property, noted he had sewage backup problems in the winters before and a pump truck and was able to address the issue previously but not this year. He contacted the City found that the specific sewage line details were vague and did not provide the information needed. Ultimately, as outlined in the ordinance, a request for a waiver on the requirements was made. There being no one else wishing to be heard, public comment was closed. It was clarified that it was understood that the building was connected to City sewer and, as such, was billed for it, but investigation did not reveal where the connection to the City sewer was made. It was further clarified that the code stated homeowners were responsible for service lines up to the sewer main and also, without any exception, if connections were within 200 feet of the building, the property owner was required to hook up to the city system which was purpose behind the ordinance. Sewer main extension, service lines across the Right -of -Way (ROW), others possibly affected by the septic system, past and future sewer billing for the property owner, were topics discussed. Administration clarified that no negative action would be taken against the property owner before the issue was resolved. MOTION: Council Member Navarre MOVED to postpone addressing Ordinance No. 2992-2017 to the January 17, 2018 Council meeting and requested UNANIMOUS CONSENT; Council member Glendening SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Page 4 of 11 January 3, 2018 2. Ordinance No. 2993-2017 — Amending Kenai Municipal Code Chapter 14.25- Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Material and Housekeeping Changes. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2993-2017 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. There was discussion regarding the ordinance accomplishing a goal of the City's Comprehensive Plan 2016 or whether Ordinance No. 2960-2017 was effective in accomplishing the goal. Concern was expressed with whether the ordinance was, "pro-business." It was noted that the ordinance made it easier for the City Planner to administer because it eliminated disputes over percentage of land cleared or trees cut before the plan was submitted for review. There was objection to the Ordinance until further discussion occurred between Council members. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone to the February 7 Council meeting and requested UNANIMOUS CONSENT; Councilor Boyle SECONDED. Unanimous consent was objected. VOTE ON POSTPONEMENT: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY.. 3. Ordinance No. 2994-2017 — Increasing Estimated Revenues and Appropriations in the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the Meals -on -Wheels Program from Subaru of America, Inc. and Meals on Wheels Association of America. [Clerk's Note: This item was moved to be taken up first under public hearings.] 4. Resolution No. 2018-01 — Adopting the City of Kenai Capital Improvements Plan Priority Lists for State Funding Requests for the Fiscal Year 2019. City of Kenai Council Meeting Page 5 January 3, 2018 MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-01 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. Justification was provided for the priority listing based on funds availability for projects. It was clarified that with Capital funding down, having these priorities in front of the legislature was important to show the City still had Capital Projects. It was agreed that a replacement fund for City owned buildings could be beneficial. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the motion to list priority three before priority two and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Glendening. Unanimous consent was objected on the amendment. It was suggested that when the funding becomes available, administration could bring a recommendation to Council as to where the funds would be applied; not all funds to the higher priority. MOTION TO AMEND THE AMENDMENT: Council Member Navarre MOVED to amend the amendment to swap the language positions of the priority three and priority two but give them the same priority number of two; the motion was SECONDED by Councilor Knackstedt. VOTE ON AMENDING THE AMENDMENT: YEA: Molloy, Knackstedt, Gabriel, Navarre, Pettey, Glendening NAY: Boyle MOTION PASSED. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Navarre, Pettey, Glendening NAY: Molloy, Boyle MOTION PASSED. City of Kenai Council Meeting Page 6 of 11 January 3, 2018 VOTE ON THE MAIN MOTION: YEA: Knackstedt, Gabriel, Boyle, Navarre, Molloy, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Work Session of November 29, 2017 Meeting minutes approved by the consent agenda. 2.*Regular Meeting of December 6, 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. Approved by the consent agenda. 3. *Action/Approval — Non -Objection to Liquor License Renewals for: • Country Liquor • Uptown Motel/Back Door Lounge • Uptown Motel/Louie's • The Upper Deck • Fraternal Order of Eagles #3525 Approved by the consent agenda. 4. *Ordinance No. 2995-2018 - Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee Travel and Training. Introduced by the consent agenda and public hearing set for January 17, 2018. *Ordinance No. 2996-2018 — Authorizing a Budget Transfers in the Public Safety Improvements Capital Project Fund and the Animal Control Facility Improvements Capital Project Fund for the Transfer of Remaining Balances from Completed Capital Projects to the City Dock Repair Capital Project Fund and Appropriating such Transfers and Insurance Proceeds Received from the City's Insurer to Complete Repairs to Damage Sustained from the Magnitude 7.1, January 2016 Southcentral City of Kenai Council Meeting Page 7 of 11 January 3, 2018 Alaska Earthquake and for the Installation of a New Cathodic Protection System and Other Repairs. Introduced by the consent agenda and public hearing set for January 17, 2018. 6. "Ordinance No. 2997-2018 —Amending Kenai Municipal Code 14.20.330- Standards for Commercial Marijuana Establishments, for Purposes of Consistency with the City's Land Use Table. Introduced by the consent agenda and public hearing set for January 17, 2018. 7. 'Ordinance No. 2998-2018— Repealing, Renaming and Re -Enacting Kenai Municipal Code Chapter 21.10 -Leasing Of Airport Reserve Lands to Encourage Growth, Development and a Thriving Aviation Community Through Responsible Land Policies and Practices. Introduced by the consent agenda and public hearing set for January 17, 2018. 8. Action/Approval — Special Use Permit for the Challenger Learning Center of Alaska to Continue Use of a Donation Kiosk in the Kenai Airport Terminal. MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit for the Challenger Learning Center of Alaska to continue use of a donation kiosk at the Kenai airport terminal and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Boyle. VOTE: There being no objections, SO ORDERED. 9. Action/Approval — Special Use Permit for Schillings Rentals for Snow Storage. MOTION: Council Member Molloy MOVED to approve a Special Use Permit for Schillings Rentals for snow storage and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There being no objections, SO ORDERED. 10. Action/Approval — Set a Board of Adjustment Hearing Date. [Clerk's Note: This item was removed from the agenda during Approval of the Agenda.] VOTE: There being no objections, SO ORDERED. 11. Action/Approval — Mayoral Appointment of Council Member Bob Molloy to the Supervisory Sub -Committee. City of Kenai Council Meeting Page 8 of 11 January3, 2018 MOTION: Council Member Knackstedt MOVED to confirm the appointment of Council Member Bob Molloy to the Supervisory Sub -Committee and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objections, SO ORDERED. 12. Discussion — Code Language Change for disposal of Obsolete or Surplus Goods. It was reported that the first-time online auction of surplus items was a success; requested direction from Council, for a code change to provide that anything valued at $10,000 or less, administration be allowed to make the decision if it would be determined obsolete. There was no objection. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — No report; next meeting January 11. 2. Airport Commission — No report; next meeting January 11. 3. Harbor Commission — It was reported that at the December 11 meeting the Commission continued discussion of defining their roles and responsibilities; next meeting January 8. 4. Parks and Recreation Commission — It was noted their December 7 meeting summary was in the packet and the Commission discussed re-examining the golf lease and several trails in Kenai; next meeting January 4. 5. Planning and Zoning Commission — It was reported that at the December 13 meeting the Commission considered and approved two plats and overturned their vote denying a Marijuana Retail Store Conditional Use Permit; next meeting January 10. 6. Beautification Committee — No report; next meeting January 9. 7. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended a salmon habitat forum; • Traveled to Boston and visited family for the holidays; • Coffee with the Mayor Cancelled for 1/6. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Working with fire department to purchase new fire truck; Attended a Kenai River Special Management Area meeting; presented Silver Salmon Derby data; City of Kenai Council Meeting Page 9 of 11 January 3, 2018 • Heard presentation on turbidity report from Alaska Department of Environmental Conservation; • Participated in the Lego and American Girl Club at the Library; • Met with the Department of Transportation Deputy Commissioner in charge of Airports and discussed future plans for the BEACON facility; • Mayors and managers of the area met with the Governor; • Attended Sullivan and Murkowski open house and then Council meet and greet; • Met with Aurora Borealis Charter School principal who is looking at expanding K-8 school to K-12; looking to help keep the school in Kenai; • Noted the Department of Corrections Commissioner was unable to attend tonight; provided an update on the electronic monitoring program at Wildwood Correctional Center • Commended the Senior Center Director on the acquisition of the Subaru; • Reported the Agency Decision Milestone had been reached in the Bluff Erosion Project; next step, Director's Report in April. City Attorney — City Attorney Bloom noted he and the City Manager's office were attending an upcoming Planning and Zoning Commission meeting and Airport Commission meeting regarding the Airport leasing ordinance. 3. City Clerk — City Clerk J. Heinz reported on the following: • Held a shred day on December 14; • Anticipated the Board of Adjustment appeal to be cured pursuant to code; asked that a hearing be scheduled administratively to prevent further delay; • Cemetery Expansion project was out for proposal. Council Member Navarre declared conflict regarding the Board of Adjustment Appeal because he was in the ownership group of the building and the applicant was his nephew. K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Pettey wished all a prosperous 2018; excited for the Subaru and meals donation; suggested sending a thank you letter to Subaru. Council Member Glendening noted he attended the Meet & Greet on December 20 and enjoyed the fireworks on New Year's Eve. Councilor Knackstedt noted that the Kenai Historical Society Meeting would be on January 7 at 1:30PM; also attended the Meet & Greet on December 20. City of Kenai Council Meeting Page 10 of 11 January 3, 2018 L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:39 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of January 3, 2018. J,CeVei�nz=LCMqc' lerk City of Kenai Co January3, 2018 -ENA; Page 11 of 11