Loading...
HomeMy WebLinkAbout2018-02-21 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 21, 2018-6:00 P.M. A. CALL TO ORDER KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A Regular Meeting of the Kenai City Council was held on February 21 , 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 (telephonic) Glenese Pettey Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the packet: Remove Item B .2 . Overview of the Wastewater Treatment Plant Add to Item 0 .5. Resolution No. 2018-12 • Amendment Memo • Bannock , Smith , and Olsen comments in support Remove Item G.2 . Purchase Orders Exceed ing $15 ,000 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. Mayor John Williams -Board of Director's Report to Cook Inlet Regional Citizens Advisory Council Stakeholders and Carport for the Renovated Firetruck. Mayor Williams discussed commitments he had received from members of the community to assist in construction of the carport for the renovated firetruck as well as ideas for modifications to the plan. He also reported that total construction of the project was anticipated to be $12,000 and asked the City Council to provide $5,000 which would be matched by the Rasmuson Foundation to accomplish the project. 2. Sean Wedemeyer, Public Works Director, City of Kenai -An Overview of the Wastewater Treatment Plant. [Clerk 's Note: This item was removed from the agenda during approval of the agenda.] B. UNSCHEDULED PUBLIC COMMENTS None . D. PUBLIC HEARINGS 1. Ordinance No. 3006-2018 -Increasing Est imated 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. City of Ken ai Coun cil Meetin g February 21, 2 01 8 Pag e 2of11 MOTION: Council Member Knackstedt MOVED to enact Ordinance 3006-2018 and 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 : YEA: Molloy, Knackstedt, Boyle , Gabriel , Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. 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 . MOTION: Council Member Molloy MOVED to enact Ordinance No. 3007-2018 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. Administration was asked to look into the possibility of putting a clock in the facility so those that pay for ice time are able to better monitor their time . VOTE: YEA: Molloy, Knackstedt , Boyle , Gabriel , Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 3008-2018 and the motion was SECO N DED 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 Eagle Camera project was an e xciting way to positively market the City. City of Kenai Council Meeting February 21, 2018 Page 3of11 VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4 . Resolution No. 2018-11 -Authorizing a Budget Transfer within the General Fund - Fire Department for Overtime in Excess of Budgeted Amounts. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-11 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 suggested that Administration ensure equitable allocation for the three Fire Department positions that are funded by the Airport Fund . VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2018-12 -Approving an Amended Policy to Include Alternatives for the Sale of Ten Specific City-Owned Airport Fund Leased Lands Outside the Airport Reserve with Substantial Constructed Leasehold Improvements. Mayor Gabriel opened the public hearing . Duane Bannock, representing Schilling Rentals , thanked Administration, Council, and the Land Sale and Policies working group for the thought and effort put into the Resolution and the recently adopted Ordinance. He noted all objectives of the working group were cemented with the exception of one . There being no one else wishing to be heard, public comment was closed. Administration was thanked for their work on the policies and the effort to improve economic development. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2018-12 and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested . It was clarified that all actions relevant to the Airport Reserve line had been taken previously. MOTION TO AMEND: City of Kenai Council Meeting February 21, 2018 Page 4of11 Council Member Knackstedt MOVED to amend by removing the word , "appraised ," at the beginning of the second paragraph under Sale Conditions , A (ii), replacing the word , "without ," with the word , "exclud ing ," in Sale Conditions , A (i) and A(ii) and the motion was SECONDED by Council Member Pettey. VOTE ON THE AMENDMENT: YEA: Molloy, Knackstedt , Boyle , Gabriel , Navarre , Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. Appreciation was expressed for the policy. VOTE: YEA: Molloy, Knackstedt, Gabriel, Navarre , Pettey, Glendening NAY: Boyle MOTION PASSED. E. MINUTES -None. F. UNFINISHED BUSINESS 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 Certa in Zones in the City and Making other Material and Housekeeping Changes . [Clerk 's Note: This Item was Postponed as Amended to this Meeting from the February 7, 2018 Meeting; A Motion to Enact is On the Floor.] Mayor Gabriel opened the public hearing. Krista Timlin spoke in support of the ordinance as amended and in support of further amendments submitted by Councilors Glendening and Molloy noting, in her experience , it was important to exclude from the allowance without requiring a site plan when the property shared a property line with residential. She further noted it might be interpreted as being rare, but , in her experience, the reason given was so someone purchasing the vacant property could visually see what the size of the property was and left a devastating effect on the residents . There being no one else wishing to be heard , public comment was closed . MOTION TO AMEND: Council Member Molloy MOVED to amend by substituting the, "Land Clearing ," definition in section 14.25.100 with , "(a) "Land Clearing " for purposes of this chapter means : (1) land clearing and/or tree cutting resulting in removal of more than twenty (20%) of the trees , shrubs , or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL). Heavy Industrial (IH). Townsite Historic City of Kenai Council Meetin g February 2 1, 20 18 P age 5 of 11 (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings; and (2) land clearing and/or tree cutting in parcels within the zoning districts listed in subparagraph ( 1) above resulting in removal of trees, shrubs, or natural vegetative cover within twenty (20) feet of property lines of parcels containing single family to three family dwellings. (3) The following is not "land clearing ": removal of an obstruction for purposes of a survey, and removal of hazardous or invasive trees or shrubs ," and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. Unanimous consent was objected. MOTION TO AMEND THE AMENDMENT: Council Member Navarre MOVED to amend the amendment by deleting, "containing single family to three family dwellings," from the end of the second subparagraph and the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE TO AMEND THE AMENDMENT: There being no objections , SO ORDERED. Objection was removed from unanimous consent on the amendment. VOTE ON THE AMENDMENT: There being no objections , SO ORDERED . MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting into the second whereas clause, the words , "residential , commercial and industrial ," in between the words , "between ," and , "uses ," by replacing the word , "of' with the word , "among ," and inserting , ", noncommercial , residential ," in between "commercial ," and, "and ," in the last line of the third clause, inserting , "March 8, 2017 ," before the date, "March 29, 2017 ," and the date , "April 12, 2017 ," after the same in the sixth whereas clause , and removing the words, "Airport Light Industrial zoned properties and ," from the ninth whereas clause. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting the words , "residential , commercial and industrial," in between the words , "between ," and , "uses," in subparagraph (b) of section 14.25.010. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections , SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend section 14.25.040, subparagraph (c) by inserting the sentence , "Small parking lots having less than 40 spaces may be exempted from the parking lot landscaping standards by the administrative official ," after the last sentence of the subparagraph . The motion was SECONDED by Councilor Molloy. City of Kenai Council Meeting February 21 , 2018 Page 6of 11 It was clarified that the intent of the amendment was to provide for trash handling, snow maintenance, and landscaping in legacy Commercial Mixed Use zones that may have smaller parcels. Staff clarified that, with this amendment, a variance process would no longer be required and that the decision by the administrative official could be appealed to the Board of Adjustment. VOTE ON THE AMENDMENT: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting the word , "average," in between the words, "in," and , "width ," in subparagraph (e)(1) of section 14 .25 .040. The motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested . VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting the sentences , "Any more than the initial twenty percent (20%) removal of trees shrubs or natural vegetation is prohibited without a landscape/site plan regardless of the t ime between the land clearing activity. Land clearing which promotes fire protection as encouraged by the Firewise Communities I USA program or other similar cooperative fire protection efforts, may be allowed by the administrative official without a landscape/site plan ," as the second and third sentences in section 14.25 .090. The motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested . VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. It was noted that the amendments provided a good change to what existed in code and clarified goals in the Comprehensive Plan. Staff and the Commissions and Committees were thanked for their collaborative efforts in problem solving and reaching the solution. VOTE: YEA: Molloy , Knackstedt, Boyle , Gabriel , Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. G. NEW BUSINESS 1. *Action/Approval -Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval -Purchase Orders Exceeding $15,000 . City of Kena i Counci l Meeting February21 , 2018 Page 7 of 11 Removed from the agenda during approval of the agenda. 3. *Action/Approval -Non-Objection to Liquor License Renewals for: • BPO Elks Lodge #2425 • New Peking Restaurant Approved by the consent agenda . 4. *Ordinance No. 3009-2018-Increasing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. Introduced by the consent agenda and public hearing set for March 7, 2018. 5. Action/Approval -Revise the Beautification Committee Meeting Start Time, Pursuant to Policy, from 7:00 p.m . to 6:00 p.m. MOTION: Council Member Boyle MOVED to revise the Beautification Committee start time from 7:00 p.m . to 6:00 p.m. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 6. Action/Approval -Mayoral Nomination of Freddie Perez for Appointment to the Parks and Recreation Commission. MOTION: Council Member Molloy MOVED to confirm the appointment of Freddie Perez to the Parks and Recreat ion Commission and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There being no objections, SO ORDERED. 7. Action/Approval -City of Kenai Letter to Alaska Department of Environmental Conservation in Response to Kenai River Special Management Area Advisory Board Comments. MOTION: Council Member Molloy MOVED to authorize the City Manager to send the letter he prepared to the Alaska Department of Environmental Conservation in response to the Kenai River Special Management Area Advisory Board comments and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested . It was reported that Lisa Gabriel served as the City of Kenai's representative on the Board and had not been made aware of the letter the Board sent; only a small number of Board members City of Kenai Council Meeting February 21 , 2018 Page 8 of 11 were able to review the letter prior to submittal. There was question as to whether or not the decision was properly noticed. Appreciation for the opportunity to submit our own comments was expressed. Staff was thanked for preparing the letter. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -It was reported that at their meeting on February 8 the Council elected a new Chair and Vice Chair; surveys were being revised to be sent out soon; suggested obtaining a key fob to be counted when eating at the Senior Center for accurate counts for grants; looking at a new dishwasher and flooring in the kitchen. It was also reported that March 23 was fundraiser for March for Meals; next meeting, March 8, had been cancelled. 2. Airport Commission -It was reported that at their meeting on February 8, the Commission heard about the recently adopted lease application, were presented with an alternative for constructing signs for Field of Flowers, and reviewed goals and objectives; next meeting March 8. 3. Harbor Commission -It was noted that there wasn't a quorum at their February 12 meeting; next meeting March 12. 4. Parks and Recreation Commission -No report; next meeting March 1. 5. Planning and Zoning Commission -It was reported that at the February 14 meeting the Commission heard concerns from the public about the Beaver Loop Road rehabilitation project; also heard concerns about a proposed resource extraction on Silver Salmon Drive. The commission authorized the transfer of a Conditional Use Permit for a residential greenhouse and amended the application deadline for a completeness review for the Davidhiser resource extraction Conditional Use Permit application; next meeting February 28. 6. Beautification Committee -No report; next meeting April 10. 7. Mini-Grant Steering Committee -No report. I . REPORT OF THE MAYOR Mayor Gabriel reported on the following: City of Kenai Council Meeting February 21 , 2018 • Attended a AK-LNG town hall meeting; • Noted the Kenai Performers were performing Shrek this weekend; • Thanked those that attended the meeting and testified; • Attended the "Love of Reading ," event at Mountain View Elementary School; • Noted he was saddened by the Florida shooting and encouraged the reporting of those showing signs of acting out. Page 9 of 11 J. ADMINISTRATION REPORTS 1. City Manager-P. Ostrander reported on the following: • Department mid-month reports were in the packet; • Chief Tucker received the first Cummings Firefighter Award; • Met with the new owner of and working toward a building permit for the Spur Motel property; • Met with Alaska Gas Line Development Corporation regarding the Kenai Spur Highway relocation and possible waterline extension to the Liquid Natural Gas facility; • Reprogramming requests were still waiting for action at the federal level on the Bluff Erosion Project; • Noted he was proud to be a part of the local government where things still get done. 2. City Attorney -S. Bloom provided a reminder that the Supreme Court was to hear oral arguments in the State of Alaska vs . AK Democratic Party on March 29 and noted he was helping with the court system's outreach with students. 3. City Clerk -J. Heinz reported that outreach to vendors that had operated in the dipnet fishery in the past was ongoing to prepare a recommendation for Council and work on the department's budget was ongoing . K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments All Council Members congratulated Chief Tucker on his award. Vice Mayor Navarre noted good things were happening in Juneau at the legislative level and good discussions were taking place with Alaska Municipal League. Council Member Pettey encouraged the City being proactive to get the gas line to the Kenai Peninsula. Council Member Glendening noted he attended the Chamber of Commerce luncheon, attended a work session in Soldotna regarding upgrades to their indoor athletic facility, and was keeping apprised of the material extraction working group at the Borough . Councilor Molloy followed up on Bloom 's comments regarding the Supreme Court oral arguments beginning at 9:40 a.m. on March 29 . Also thanked the Clerk's Office and Legal Department for a smooth process for the Board of Adjustment hearing and deliberation. L. EXECUTIVE SESSION -None. M . PENDING ITEM S -None. City of Kena i Counci l Meeting February 2 1, 201 8 Page 10of11 N. ADJOURNMENT There being no further business before the Council , the meeting was adjourned at 8 :12 p.m . I certify the above represents accurate minutes of the Kenai City Council meeting of February 2 1, 2018 . City of Kenai Council Meeting February 2 1, 201 8 Page 11 of 11