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Home My WebLink About2018-03-21 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING MARCH 21, 2018-6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR TIM NAVARRE, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on March 21, 2018, in City Hall Council Chambers, Kenai, AK. Vice Mayor Navarre called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Navarre led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor (telephonic) Glenese Pettey Henry Knackstedt Tim Navarre Jim Glendening A quorum was present. Also in attendance were : Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3 . Agenda Approval Vice Mayor Navarre noted the following additions to the agenda and packet: Add to Item G.3. Add Item G.4. Add Item G.5. MOTION: Schedule a Special Meeting • Email from Council Member Molloy Action Approval -Non-Objection to Liquor License Transfer for MITAK, LLC , DBA Main Street Tap & Grill Action Approval -Non-Objection to Issuance of New Liquor License to BPO Elks Lodge #2425 Council Member Knackstedt MOVED to approve the agenda with the requested revis ions to the agenda and packet and Councilor Glendening SECONDED the motion . UNANIMOUS CONSENT was requested . VOTE: There being no objections, SO ORDERED. 4 . Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. Vice Mayor Navarre opened the public hea ring ; 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 rout ine 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 None . C . UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 1 . Ordinance No. 30 10-2018 -Accepting and Appropriating a Scholarship from the A laska Association of Municipal Clerks for Employee Travel and Train ing . (City Clerk) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3010-2018 and Council Member Glendening SECONDED the motion. Vice Mayor Navarre opene d the publi c hearing ; there being no one wish ing to be heard, public comment was closed. Clarifica t ion was provided regarding the type of training involved and the requirements for the Deputy Clerk to ach ieve the Certified Municipal Clerk designation . T he Clerk was thanked for applying for the scholarsh ip and the tremendous amount of help Clerks offer the Alaska Mun icipal League and local government was noted. City o f Ke nai Council Meeting March 21 , 20 18 Page 2 of 8 VOTE: YEA: Pettey, Knackstedt, Gabriel , Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3011-2018 -Amending Kenai Municipal Code Section 14.20.290 - Appeals -Board of Adjustment, to Amend Standing Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and Making Other Housekeeping Changes. (Council Members Pettey and Knackstedt) MOTION: Council Member Pettey MOVED to enact Ordinance No. 3011-2018 and Council Member Knackstedt SECONDED the motion . Vice Mayor Navarre opened the public hearing ; there being no one wishing to be heard, public comment was closed. MOTION: Council Member Pettey MOVED to postpone to the April 4 meeting and Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON POSTPONEMENT: There being no objections, SO ORDERED. 3. Ordinance No. 3012-2018-Authorizing a Budget Transfer in the Municipal Roadway Improvements Capital Project Fund and Appropriating Funds Transferred from the Municipal Roadway Improvements Capital Project Fund in the Personal Use Fishery Capital Project Fund for Projects Identified in the City's 2017 Personal Use Fishery Report. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3012-2018 and Council Member Glendening SECONDED the motion . Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided that the camera on Main Street in Old Town was being replaced and was used on the Dipnet App ; project included providing permanent power. VOTE: YEA: Pettey, Knackstedt , Gabriel , Navarre , Glendening NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Coun cil M eetin g March 21 , 201 8 Page 3 of 8 4. Resolution No. 2018-15-Consenting to Vacation of Certain Utility Easements within the Proposed Radar Subdivision 2017 Replat. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-15 and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested . Vice Mayor Navarre opened the public hearing ; there being no one wishing to be heard , public comment was closed. VOTE: There being no objections , SO ORDERED. 5. Resolution No. 2018-16-Authorizing the Purchase of Real Property Described as a Portion of Government Lot 7, Section Five (5), Township 5 North , Range 11 West, and Designated as Kenai Peninsula Borough Parcel Number 047-119-01 , from Lancet Ann Boyer Trust and James E. Johnson Revocable Trust, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will Not be Served by an Appraisal. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-16 and Council Member Pettey SECONDED the motion . Vice Mayor Navarre opened the public hearing; there being no one wishing to be heard , public comment was closed. Clarification was provided work was ongoing to purchase properties in support of the Bluff Erosion Project. VOTE : There being no objections , SO ORDERED. 6. Resolution No. 2018-17 -Approving an Award of a Professional Services Contract for Engineering the Peninsula Avenue Bluff Erosion Design 20 18. (Administration) MOTION: Councilor Knackstedt MOVED to adopt Resolution No. 2018-17 and Council Member Glendening SECONDED the motion . Vice Mayor Navarre opened the public hearing ; Bob Peters asked that a scope of the work to be completed be provided . There be ing no one wishing to be heard , public comment was closed. Clarification was provided that a headwall and storm water drain had failed, jeopardizing Peninsula Avenue; State grant funds being utilized to accomplish the work. Design of the Bluff City of Kenai Council Meeting March 21 , 2018 Page 4 of 8 Erosion Project had not begun so the fixed headwall and storm water drain would be included in the design of the Project; not eligible to be included in the federal project. UNANIMOUS CONSENT was requested. VOTE: There being no objections , SO ORDERED. E. M INUTES 1.*Regular Meeting of March 7, 2018 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 . Removed from the agenda during approval of the agenda. 3 . Action/Approval -Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk, and City Manager. It was noted dates for Council Member Boyle were unknown ; requested polling the Council and put on the agenda for the April 4 meeting. 4 . Action/Approval -Non-Objection to Liquor License Transfer for MITAK, LLC, DBA Main Street Tap & Grill. MOTION: Council Member Glendening MOVED to approve a non-objection to liquor license transfer for MITAK, LLC, DBA Main Street Tap & Grill and Council Member Knackstedt SECONDED the motion. Clarification was provided that the timing of the ABC Board and the City Council meeting didn 't align . Administration was thanked for their work to bring the matter to Council. VOTE: YEA: Pettey, Knackstedt, Gabriel , Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting March 21, 2018 Page 5 of 8 5. Action/Approval -Non-Objection to Issuance of New Liquor License to BPO Elks Lodge #2425. MOTION: Council Member Glendening MOVED to approve the non-objection to the issuance of a new liquor license to BPO Elks Lodge #2425 and Councilor Knackstedt SECONDED the motion. Clarification was provided that the previously adopted Resolution could not be considered by the ABC Board as the City's response because statute indicated that responses had to be received after the application was deemed complete by the Alcohol and Marijuana Control Office (AMCO). The Resolution was timely for the renewal application which had been denied, but not timely for the new license because the Resolution was adopted before the application for new license had been deemed complete. Administration was thanked for their work to bring the matter to Council timely; frustration was expressed that AMCO was not working with their clients to assist them through their processes; suggestion was made that changes were needed. VOTE: YEA: Pettey, Knackstedt, Gabriel, Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -It was noted the Kenai Senior Connections March for Meals was May 23; encouraged all to attend . 2. Airport Commission -No report; next meeting April 12. 3. Harbor Commission -Working on roles and responsibilities; discussed safety and wake zones; recognized the bump in the economy provided by fish processing at a cannery near the dock; discussed establishing a sub-committee; next meeting Apri l 9. 4. Parks and Recreation Commission -No Report; next meeting April 5. 5. Planning and Zoning Commission -It was reported that on March 14, the Commission denied a Marijuana Cultivation Facility -Standard Conditional Use Permit; requested information from Administration regarding marijuana permitting in residential zones; next meeting March 28. 6. Beautification Committee -No report; next meeting April 10. 7. Mini-Grant Steering Committee -No report . I. REPORT OF THE MAYOR City of Kenai Council Meeting March 21 , 2018 Page 6 of 8 Mayor Gabriel reported on the following : MOTION: • Thanked Vice Mayor Navarre for chairing the meeting ; • Thanked the City Manager for his work with the Alaska Board of Fish who approved to rotate their meetings and meet in Kenai/Soldotna in 2020; • Choose Respect March taking Place March 28 ; encouraged attendance; • Noted the Request for donation from the Kenai Watershed Forum for the Kenai River Festival ; good cause and educational event; important that the City shows support. Mayor Gabriel MOVED to donate $300 to the Kenai River Festival and Councilor Glendening SECONDED the motion . UNANIMOUS CONSENT was requested. VOTE: There being no objections , SO ORDERED. J. ADMINISTRATION REPORTS 1. City Manager -P. Ostrander reported on the following: • Met with Alaska Department of Transportation regarding allocation of federal road monies ; Department of Transportation now has to cooperate with rather than consult with local municipalities for roads; • Attended the Harbor Commission meeting where a motion to recommend "No Wake" signage was approved; will be discussion item for Council on April 4; • Hired a City Planner who would start April 9 and would be attending the March 28 Commission meeting; • Heard from the Alaska Department of Corrections regarding their delaying the Work Release program until the Workers Compensation issue is fixed; • Noted the Corps of Engineers was utilizing local match funds to develop a revised schedule for the Bluff Erosion Project; • Considering putting out a bid package for dock concessions ; Copper River Seafoods not interested in operating again. 2. City Attorney-No report . 3. City Clerk -No report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Annalea Lot expressed gratitude for handling her liquor license transfer quickly which would prevent loss of business. 2 . Council Comments Council Member Pettey noted the A irport hosted eight F-22s when they were unable to land at JBER; great to hear the sound of freedom as they were taking off and landing ; invited everyone again , to the March for Meals event. City of Kenai Council Meeting March 21 , 2018 Page 7 of 8 Council Member Knackstedt noted he was attending March for Meals on March 23 ; reminded of events for Doctor Hansen 's Lifetime Achievement and Linda Swarner's retirement on March 29 . Vice Mayor Navarre reiterated the events being held for Doctor Hansen and Linda Swarner. Council Member Glendening noted Commissioner Navarre gave an excellent presentation regarding the cost of economic development at the Chambe r of Commerce luncheon ; thanked Administrat ion for their cooperation and collaboration with local businesses . L. EXECUTIVE SESSION -None. M. PENDING ITEMS -None . N. ADJOURN MENT There be ing no further business before the Council , the meeting was adjourned at 7:07 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of Ma rch 21 , 2018. C ity of Kenai Council Meeting March 2 1, 2018 Page 8 of 8