Loading...
HomeMy WebLinkAbout2018-01-17 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JANUARY 17, 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 17, 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: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Robert Molloy Tim Navarre Glenese Pettey Mayor Gabriel noted the following additions to the packet: Add to Item D.3. Ordinance No. 2997-2018 • Excerpt of 01/20/16 Council Minutes • Land Use Table Add to Item DA. Ordinance No. 2998-2018 • Memo • Map Remove Item G.2. Purchase Orders Exceeding $15,000 Add to Item J.3. City Clerk Report • Thank you letter to Subaru 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 Glendening 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. Mayor John Williams — Board of Director's Report to Cook Inlet Regional Citizens Advisory Council Stakeholders and Carport for the Renovated Firetruck. Mayor John Williams, Member of the Board of Directors of Cook Inlet Regional Citizens Advisory Council (CIRCAC), introduced Mike Munger, Executive Director of CIRCAC, who reported on projects taking place in the area and noting the good relationship with the agencies in the area. Mayor Williams also reported he was working on Phase II of the Firetruck Restoration Project, which included constructing a carport to house the renovated fire truck. He noted they had identified a location, met with the Rasmusson Foundation for additional funds, and expressed that he was hopeful the City would also contribute to this phase of the project. 2. Jodi Stuart, Project Homeless Connect — An update on the areas homelessness and near homelessness as well as information on Project Homeless Connect 2018. Jodi Stuart provided an update on homelessness in the central peninsula and an overview of their "Project Homeless Connect," event, an annual event that served as outreach to those experiencing homelessness or near homelessness to connect them with the services they qualified for and were available to them. City of Kenai Council Meeting Page 2 of 11 January 17, 2018 C. UNSCHEDULED PUBLIC COMMENTS Brenna Eubank, Captain of the Kenai Central High School hockey team, noted their annual steak feed and auction was coming up and invited all to attend. D. PUBLIC HEARINGS 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. Council Member Molloy MOVED to enact Ordinance 2995-2018 and Council Member Knackstedt SECONDED the motion. 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, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2996-2018 — Authorizing 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 Alaska Earthquake and for the Installation of a New Cathodic Protection System and Other Repairs. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2996-2018 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 clarified that the funds identified were an estimate of the total cost, that insurance was paying for damage repairs and the General Fund was being utilized for additional work; no grants were located that could help with the project. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening City of Kenai Council Meeting Page 3 of 11 January 17, 2018 NAY: MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2997-2018 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 clarified that the ordinance was housekeeping, capturing the effect of all amendments made to both the standards and land use table, from the January 2016 meeting, enacting the regulations. It was also clarified that other amendments were made to ensure the potential for the problem to arise again was minimized by referring to the land use table. Appreciation was expressed for the history and simplification of the code. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2998-2018 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. City Attorney Bloom provided an overview of why the program was developed, the intended goals the program was to achieve, and the solutions developed to meet the goals. He also provided an overview of proposed amendments made to Kenai Municipal Code. It was clarified that the fee schedule and forms would be approved by Council and a webpage created prior to the effective date of the ordinance; noted that the land management plan would see continual refinement moving forward. City of Kenai Council Meeting Page 4 of 11 January 17, 2018 Options for lessees for improvements at the end of a lease and provisions of the ordinance regarding the City making upgrades with specific lessees in mind were clarified. Concern was expressed regarding barriers to transactions; suggested requiring funds certified as opposed to requiring finalization. There was discussion regarding initial appraised value, annual fair market value determinations, utilization of the consumer price index to maintain fair market value, appraisal appeal, and the stability in annual lease payments the process provided the lessees over previous processes. An overview of consumer price index was provided. MOTION TO AMEND: Council Member Molloy MOVED to amend Section 21.10.070(d)(2)(C) to read, "the purchase price of improvements, as certified by the current lessee and the proposed purchaser, to be in the bill of sale, to be executed at closing of the transaction; and," and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend the second to last sentence in section 21.10.080 (d) to read, 'The renewal term of an existing lease pursuant to a transaction between the current lessee and a new buyer and prospective lessee will be determined by the purchase price of permanent improvements, as certified by the current lessee and the proposed purchaser, to be in the bill of sale, to be executed at closing of the transaction, and the proposed additional permanent improvements, if any," and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 21.10.080(e)(1) to read, 'The purchase price of real property improvements, as certified by the current lessee and the proposed purchaser, to be in the bill of sale, to be executed at closing of the transaction; or," and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend the last sentence of section 21.10.040(c) to read, "If the Council determines that other Airport purposes are served by the subdivision, the City Council may choose in its sole discretion that the City will share in the subdivision costs with the applicant in whatever amount the City Council determines is reasonable given the benefit to the Airport," City of Kenai Council Meeting Page 5 of 11 January 17, 2018 and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by amending the second to last WHERAS clause to read, "WHEREAS, the Planning and Zoning Commission at is meeting of January 10, 2018 passed Planning and Zoning Resolution No. PZ2018-01 recommending the City Council enact Ordinance No. 2998-2018; and," amending the last WHEREAS clause to read, "WHEREAS, the Airport Commission at its meeting of January 11, 2018 recommended the City Council enact Ordinance No. 2998-2018," amending (a) "Aeronautical Use" in section 21.10.015, Definitions by removing the word, 'land," in the first sentence, and amending (b) in section 21.10.102, Ownership of Improvements, by removing the phrase, "or the department otherwise directs under (f) of this section," from the sentence. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. It was clarified that if the airport wanted to expand onto a leased property, there was no obligation for the City to have to purchase an improvement. Appreciation was expressed for the amount of work the administration and staff put into the policies. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2018-02 — Authorizing Redirection of Previously Appropriated Funds from a Completed Road Maintenance Capital Project to a Newly Identified Project. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-02 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. An overview of the scope of the project was provided; clarified the project was not the same culverts as recently addressed near the Senior Center. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening City of Kenai Council Meeting Page 6 of 11 January 17, 2018 NAY: MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2018-03 - Adopting a Policy to Provide for a Student Representative for the Parks and Recreation Commission. MOTION: Council Member Glendening MOVED to adopt Resolution No. 2018-03 and the motion was SECONDED by Council Member Knackstedt. 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 that when the Student Representative occupied the seventh seat, the Commission struggled with achieving a quorum and the definition change would provide for a full commission of seven as required by code and maintain the ability to obtain a Student Representative's input, when one was available to sit on the Commission. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.'Regular Meeting of January 3, 2018 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS 1. 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. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone to the 02/07/18 meeting 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. It was noted that legislation had been introduced at this meeting, scheduled for public hearing and adoption at the February 7, 2018 meeting, that would address the issue on a more broad scale. VOTE: There being no objections; SO ORDERED. G. NEW BUSINESS City of Kenai Council Meeting Page 7 of 11 January 17, 2018 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 during approval of the agenda] 3. *Ordinance No. 2999-2018 — Increasing / (Decreasing) Estimated Revenues and Appropriations in the Airport Equipment Capital Project Fund and Authorizing Grant Amendments to Adjust Estimated Grant Proceeds as a Result of Proceeds from the Sale of Equipment Previously Purchased with Federal Aviation Administration Grant Funds. Introduced by the consent agenda and public hearing set for February 7, 2018. 4. *Ordinance No. 3000-2018 — 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 February 7, 2018. 5. *Ordinance No. 3001-2018 — Repealing and Re -Enacting Kenai Municipal Code Section 7.15.090- Sales, Surplus, Competitive Bidding to Provide Administrative Authority for the Disposal of Certain Surplus or Obsolete Supplies, Materials or Equipment. Introduced by the consent agenda and public hearing set for February 7, 2018. 6. *Ordinance No. 3002-2018 — Increasing / (Decreasing) Estimated Revenues and Appropriations in the Personal Use Fishery Fund for the Remaining FY2018 Expenditures which were Presented in the 2017 Kenai River Personal Use Fishery Report. Introduced by the consent agenda and public hearing set for February 7, 2018. 7. Ordinance No. 3003-2018 — Amending Kenai Municipal Code Section 17.10.010 - Mandatory Connection and Abandonment of Old Well, and Section 17.20.010 - Mandatory Connections and Abandonment of Old On -Site Sewer Systems, to Change the Mandatory Connection Requirements. Introduced by the consent agenda and public hearing set for February 7, 2018. Ordinance No. 3004-2018—Amending Kenai Municipal Code Section 1.15.050 -Order of Business, to Amend the Use of the Pending Legislation Agenda Item and Make Other Housekeeping Changes. Introduced by the consent agenda and public hearing set for February 7, 2018. City of Kenai Council Meeting Page 8 of 11 January 17, 2018 9. Ordinance No. 3005-2018 —Amending Tax, to Exempt Public Water and Sewer the City's Levy of Sales Tax. Kenai Municipal Code Chapter 7.10 -Sales Utility Services to Residential Housing from Introduced by the consent agenda and public hearing set for February 7, 2018. 10. Discussion — Contract Award Procedures for Purchase Orders Exceeding $15,000. It was noted that the memo provided in the packet discussed administration's process and difficulties with managing contracts, occasionally coming to Council after the fact so projects didn't suffer heightened costs and delays; proposing a change that, at award, the resolution included a contingency amount which would allow administration to more effectively manage projects. It was clarified that changes outside the contingency amount would not be authorized without Council Approval. Council agreed to a policy being brought forth in the future for approval. 11. Discussion — 2014 / 2016 Integrated Water Quality and Assessment Report — City of Kenai Comments. It was noted that since release of the report, it appeared a section of the Kenai River would be listed as impaired and comment wouldn't change that designation; further noted that the Kenai River Special Management Area (KRSMA) board would have a role in addressing the corrections. Council agreed that comment from the City was not needed at this time. 12. Discussion — Council Input on a Future Dipnet Vendor Permit. It was noted that administration was moving forward with a Dipnet Vendor Permit at the request of Council and that some direction was needed to determine the best path. Exclusivity, a competitive process, variety of vendors, local preference, and future improvements with the possible use of grant funds for those improvements were topics discussed. It was suggested that the Parks and Recreation Commission and Harbor Commission might weigh in on the process. H. COMMISSION/COMMITTEE REPORTS Council on Aging — It was reported that the Council approved a new agenda format, and discussed goals. All were encouraged to visit the new construction; next meeting February 8. 2. Airport Commission — It was reported that on January 11 the Commission reviewed the airport leasing policies, signage on the field of flowers, the read on the fly program, and heard project updates; next meeting February 8. 3. Harbor Commission — It was reported that at the January 8 meeting the Commission elected a chair and vice chair, continued discussion of defining their roles and responsibilities, approved an agenda revision, and discussed the no wake zone; next meeting February 12. City of Kenai Council Meeting January17, 2018 J. 4. Parks and Recreation Commission — It was noted that at their January 4 meeting the Commission elected a chair and vice chair, prioritized trails, reviewed the Skate with Santa event, and heard a dipnet report; next meeting February 1. 5. Planning and Zoning Commission —It was reported that at the January 10 meeting the Commission elected a chair and vice chair, approved a plat, approved an encroachment permit, and approved a resolution recommending approval of the airport leasing policies; next meeting January 24. Beautification Committee — It was reported that at the January 9 meeting the Committee elected a chair and vice chair, discussed the fall pumpkin festival event, requested a new meeting time, approved an agenda change, and heard about the flower order; next meeting April 10. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended Industry Outlook Forum; appeared industry was trending upward; • Attended Rotary Luncheon. 1. City Manager — P. Ostrander reported on the following: • Met with new CEO of Kenaitze Tribe; • Attended Industry Outlook Forum; getting the word out that Kenai was a place that encourages growth and thriving; • Attended the Planning and Zoning and Airport Commission meetings and presented on airport policy changes; • Attended the KRSMA meeting and noted a lot of emotion about integrated report regarding turbidity; • Met with Senator Sullivan about the City's goals, specifically the Bluff Erosion Project and associated Innovative Readiness Training; • Announced the City Planner had resigned; • Noted a memo in packet from Chief Ross informing Council regarding impacts to the City from Senate Bill 91; • Provided an update on the Spur Motel property. 2. City Attorney — No report. 3. City Clerk — J. Heinz reported on the following: • Noted the official report to Council regarding destroyed records included in the packet; • Noted the letter to Subaru, provided in the laydown, could be signed and mailed if there was no objection. City of Kenai Council Meeting Page 10 of 11 January 17, 2018 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments All members wished City Planner Kelley well in his new endeavors. Vice Mayor Navarre thanked the City Clerk for the updated 2018 calendar and noted he attended the Industry Outlook forum. Council Member Pettey noted she attended the Industry Outlook Forum and saw optimism for economic development throughout state. Council Member Glendening noted he attended a recent Kenai Historical Society meeting, and the Industry Outlook Forum; thanked administration for their leasing policy presentation. Councilor Boyle thanked the administrative team for putting together the leasing ordinance; thanked Chief Ross for his analyses of the impacts of Senate Bill 91. Councilor Molloy echoed gratitude for the leasing ordinance and the Attorney for his presentation. Council Member Knackstedt echoed gratitude for the leasing ordinance and presentation. L. EXECUTIVE SESSION — None. M. PENDING ITEMS 1. 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. (Postponed to February 7, 2018) N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:34 p.m I certify the above represents accurate minutes of the Kenai City Council meeting of January 17, 201 s.O� SENA/q� � N v � J i Heinz, CMC Ci lerk GvDED City of Kenai Council Meeting Page 11 of 11 January 17, 2018