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Home My WebLink About2018-02-07 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 7, 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 February 7, 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.6. Ordinance No. 3004-2018 • Historical and Reference Excerpts Add to Item D.10. Resolution No. 2018-06 • Memo and Revised Joint Resolution Add to Item D.7. Consent to a Non -Exclusive Easement to ACS Map 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. Alaska Permanent Capital Management — Kenai Permanent Fund Investment Performance for 2017, Outlook for 2018, and Establishment of the 2018 Investment Allocation and Benchmarks. [Clerk's Note: It has been requested to allow 20-25 minutes to complete this presentation.] Brandy Niclai presented a review of the status of the Permanent Fund Investments reporting overall growth. Provided a broad picture of the financial market for 2017; noted the portfolio has provided an annual average return of 8.8% since inception; provided a simulation of expected value on a ten-year horizon. B. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 1. 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. City of Kenai Council Meeting Page 2 of 15 February 7, 2018 MOTION: Council Member Knackstedt MOVED to enact Ordinance 2999-2018 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 3000-2018 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. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3001-2018 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. MOTION TO AMEND: City of Kenai Council Meeting Page 3 of 15 February 7, 2018 Council Member Knackstedt MOVED to amend by replacing "Librarian," with, "Library Director," in the three places it appeared throughout the ordinance. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. It was clarified that, "or designee," was not necessary to go along with the City Manager and Library Director. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4. 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. MOTION: Council Member Navarre MOVED to enact Ordinance No. 3002-2018 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, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 5. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3003-2018 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. City of Kenai Council Meeting Page 4 of 15 February 7, 2018 It was noted that the amendment clarified the accessibility requirement regarding the two - hundred -foot connection and provided that if the property owner chose not to hook up to the service, payment to the City would still be required. It was also clarified that Alaska Department of Environmental Conservation waivers would still be required for septic systems. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 6. 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. MOTION: Council Member Navarre MOVED to enact Ordinance No. 3004-2018 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. It was noted the ordinance wouldn't accomplish what was desired and a new ordinance would be brought forth. MOTION TO POSTPONE INDEFINITELY: Council Member Navarre MOVED to postpone indefinitely and the motion was SECONDED by Council Member Molloy. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 7. Ordinance No. 3005-2018 — Amending Tax, to Exempt Public Water and Sewer the City's Levy of Sales Tax. MOTION: Kenai Municipal Code Chapter 7.10 -Sales Utility Services to Residential Housing from Council Member Boyle MOVED to enact Ordinance No. 3005-2018 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. City of Kenai Council Meeting Page 5 of 15 February 7, 2018 It was suggested that necessities of life should not be taxed and the City providing the essential service of water and sewer is a tax in and of itself and shouldn't be taxed further. There was discussion regarding electricity being taxed for wells and pumping services taxed for septic systems and suggested that a more comprehensive look be taken to provide an equitable shift. VOTE: YEA: Boyle NAY: Molloy, Knackstedt, Gabriel, Navarre, Pettey, Glendening MOTION FAILED. 8. Resolution No. 2018-04 — Amending the City of Kenai Public Records Management and Record Retention Policy Adopted on May 17, 2017 by Resolution No. 2017-22 by Amending Retention Lengths on Meeting Packets and Providing for Retention for Business License Records and Making Other Housekeeping Changes. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2018-04 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 9. Resolution No. 2018-05 - Adopting a Policy to Provide Procedures for Including Contingency in Contracts. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-05 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 was thanked for being mindful of the budget. VOTE: There being no objections, SO ORDERED. 10. Resolution No. 2018-06 — Authorizing the City of Kenai Mayor to Sign Kenai Peninsula Borough Joint Resolution No. 2018-001 Requesting the Alaska Board of Fisheries Adopt a Policy to Rotate the Upper Cook Inlet Finfish Meeting Between the Three Principle Communities of Kenai/Soldotna, Palmer/Wasilla, and Anchorage. City of Kenai Council Meeting Page 6 of 15 February 7, 2018 MOTION: Council Member Navarre MOVED to adopt Resolution No. 2018-06 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was clarified that amendments were not needed to the joint resolution because it was an attachment. It was noted that the City Manager and Mayor might attend the meeting the resolution is discussed in person. VOTE: There being no objections, SO ORDERED. 11. Resolution No. 2018-07 — Consenting to the Vacation of Certain Rights -of -Way and Utility Easements within the Proposed Buxton Subdivision, Eagle Rock Addition. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-07 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 12. Resolution No. 2018-08 — Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds for Calendar Year 2018. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-08 and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 13. Resolution No. 2018-09 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Land Lease Application and Renewal Application Fees for Airport Reserve Land. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-09 and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. City of Kenai Council Meeting Page 7 of 15 February 7, 2018 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that the economic gains were encouraging and staff was thanked. VOTE: There being no objections, SO ORDERED. 14. Resolution No. 2018-10—Approving a Standard Lease Form for Leasing Airport Reserve Lands. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-10 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. The attorney was thanked for the clarification of the changes. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of January 17, 2018 Meeting minutes approved by the consent agenda. 2.*Corrected Minutes of May 20, 2014 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS 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. [Clerk's Note: This Item was Postponed to this Meeting from the January 17, 2018 Meeting; A Motion to Enact is On the Floor.] VOTE: YEA: NAY: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening MOTION FAILED. 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 City of Kenai Council Meeting Page 8 of 15 February 7, 2018 Changes. [Clerk's Note: This Item was Postponed to this Meeting from the January 3, 2018 Meeting; A Motion to Enact is On the Floor.] Staff provided an overview of the goals of the ordinance, a history of the ordinance, the amendments made, and suggested amendments. Staff was thanked for presentation and suggested amendments. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by deleting, "providing visual and sound screening barriers or buffers," in section 14.25.010(b). Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT. Unanimous consent was objected to. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by inserting the words, "providing screening," before the words, "between uses," and Council Member Boyle SECONDED the motion. VOTE: YEA: Molloy, Knackstedt, Gabriel, Navarre, Pettey, Glendening NAY: Boyle MOTION PASSED. Objection was removed from the motion to amend. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend by adding the word, "incompatible," between the words, "between uses," in all instances in the ordinance. Council Member Boyle SECONDED the motion. The definition of incompatible use was provided. Council Member Glendening withdrew the motion to amend with concurrence of the second. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by inserting a third letter, "P," in "SWPP," and adding the words, "prior to clearing activity," at the end of the sentence in section 14.25.0300) and Council Member Molloy SECONDED the motion. UNANIMOUS CONSENT was requested. City of Kenai Council Meeting Page 9 of 15 February 7, 2018 VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by deleting section 14.25.085 in its entirety and Council Member Navarre SECONDED the motion. The point was made that all property in the Airport Light Industrial (ALI) zone were City owned and leased and the site plan requirement may make difficult to lease property. It was suggested that there shouldn't be separate standards for property owners and City owned land. It was noted that site plans could be included in the leasing terms, on areas the public has access to; also noted that Council reviews all leases. Clarification was provided that the intent was to eliminate subjectivity in airport leasing and the lessee should know while shopping that landscaping was preferable as opposed to learning once the site had been chosen. VOTE: YEA: Knackstedt, Navarre, Pettey, Glendening NAY: Boyle, Gabriel, Molloy MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by deleting, "Airport Light Industrial (ALI)," in both instances in section 14.25.100 and Council Member Molloy SECONDED the motion. UNANIMOUS CONSENT was requested. Unanimous consent was objected to. VOTE: YEA: Knackstedt, Navarre, Pettey, Glendening, Gabriel, Molloy NAY: Boyle MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by renaming the title of section 14.25.090, "Prohibited Acts and Penalties." Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Page 10 of 15 February 7, 2018 MOTION TO AMEND: Council Member Knackstedt MOVED to amend section 14.25.100 to read, ""Land Clearing" for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the ..." and Council Member Navarre SECONDED the motion. It was noted that 20% had been established in June and that allowing 20% gave flexibility where zero tolerance was impactful to development. VOTE: YEA: Knackstedt, Navarre, Pettey, Glendening NAY: Molloy, Boyle, Gabriel MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the first sentence of section 14.25.090 to read, "No person may conduct land clearing, construct, erect, or maintain any structure, building, fence or improvement, including parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan." Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 14.25.020 to put back removed language, "Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a)," as letter "(d)" of that section and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 14.25.100 to add, "Removal of an obstruction for purposes of a survey is not, "Land clearing," as the last sentence the definition of land clearing. Council Member Boyle SECONDED the motion and requested UNANIMOUS CONSENT. It was clarified that the amendment did not preclude utility easements or bringing utilities to undeveloped lots. City of Kenai Council Meeting February 7, 2018 VOTE: There being no objections, SO ORDERED. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone to the meeting of February 21. Council Member Boyle SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, 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. *Action/Approval — Non -Objection to Liquor License Renewals for: • Acapulco Mexican Restaurant • Main Street Tap & Grill • American Legion Post #20 Approved by the consent agenda. 4. *Ordinance No. 3006-2018 — Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska. Introduced by the consent agenda and public hearing set for February 21, 2018. 5. *Ordinance No. 3007-2018 — Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area. Introduced by the consent agenda and public hearing set for February 21, 2018. 6. *Ordinance No. 3008-2018 —Accepting and Appropriating $1,600.00 from the Kenai Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in Support of the City and the Chamber's Joint Eagle Camera Project. Introduced by the consent agenda and public hearing set for February 21, 2018. 7. Action/Approval — Consent to Non -Exclusive Easement to ACS of the Northland, Inc., for the Installation of Underground Telecommunication Utilities at Two Locations through Lands Owned by the City of Kenai. City of Kenai Council Meeting Page 12 of 15 February 7, 2018 MOTION: Council Member Molloy MOVED to approve a non-exclusive easement to ACS of the Northland, Inc. for the installation of underground telecommunication utilities at two locations through lands owned by the City of Kenai and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. It was clarified that road would be returned to standards and staff would ensure that the easement would be non-exclusive. VOTE: There being no objections, SO ORDERED. 8. Action/approval — Council Approval to Implement the "Read on the Fly Program" at the Kenai Municipal Airport. MOTION: Council Member Knackstedt MOVED to approve the implementation of the, "Read on the Fly Program," at the Kenai Municipal Airport. The motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. It was clarified that all books were reviewed by the program. The request was made that maintenance and upkeep was managed appropriately. VOTE: There being no objections, SO ORDERED. 9. Action/Approval — Authorizing the Issuance of a Request for Proposal for Audit Services. MOTION: Council Member Molloy MOVED to authorize the issuance of a request for proposal for audit services and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Boyle. VOTE: There being no objections, SO ORDERED. H. 1. Council on Aging — No Report; next meeting February 8 2. Airport Commission — The report from the January 17 meeting was reiterated; next meeting February 8. 3. Harbor Commission — No Report; next meeting February 12. 4. Parks and Recreation Commission — It was noted that at their February 1 meeting the Commission discussed draft FY19/20/21/22 capital improvement projects, prioritizing projects; next meeting March 1. Kenai Council Meeting Page 13 of 15 ry 7, 2018 5. Planning and Zoning Commission —It was reported that at the January 24 meeting the Commission approved two plats and approved a Conditional Use Permit for a marijuana manufacturing facility; next meeting Feb 14. 6. Beautification Committee — No Report; next meeting April 10. 7. Mini -Grant Steering Committee — No Report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Took granddaughters to the Senior Center for lunch and saw the recently renovated atrium; • Attended the Chamber of Commerce luncheon featuring Senator Murkowski; • Invited by Kenai Peninsula College to meet with the Chancellor and received insight on the college. J. ADMINISTRATION REPORTS 1. City Manager — P. Ostrander reported on the following: • Participated in recent interviews, involving himself in the City's recruitment process; • Spoke on the radio regarding the new leasing policy; • Reviewed the budget process noting changes to the budget process and document; • Working with the Mayor and Vice Mayor on leasing the ten properties off the airport providing an option to purchase; • Went live with NEOGOV® recruitment software; • Corps of Engineers was having trouble reprogramming funding for the Bluff Erosion Project due to federal budget issues. 2. City Attorney — No report. 3. City Clerk — Provided a reminder of an upcoming hearing and holiday. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments - (5 minutes) None. 2. Council Comments All council members thanked City Planner Kelley for his service to the City. Council Member Glendening attended the volunteer appreciation dinner at the Senior Center and the Chamber of Commerce luncheon featuring Senator Murkowski; noted he was heartened about what heard. Councilor Boyle thanked the City Attorney for his help on his ordinance. City of Kenai Council Meeting Page 14 of 15 February 7, 2018 Councilor Molloy noted the Supreme Court of Alaska was coming to Kenai Central High School in March to hear oral argument on State of Alaska vs. Alaska Democratic Party matter. Council Member Knackstedt noted he was working with Caring for the Kenai on their reviews of projects. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:03 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 7, 2018. rCENq j ti (S40 I• City of Kenai Council Meeting Page 15 of 15 February 7, 2018