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HomeMy WebLinkAbout2018-07-05 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING JULY 5, 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 July 5, 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 Glenese Pettey (absent) A quorum was present. Also in attendance were: Robert Molloy Tim Navarre (telephonic) Mike Boyle (absent) Paul Ostrander, City Manager Jamie Heinz, City Clerk 3 . Agenda Approval Mayor Gabriel noted the following modifications to the agenda: Add to item G .3. Add to item G .5. Non-Objection to Peninsula Botanicals Limited Marijuana Cultivation Facility License Renewal • Memo from the City Clerk • Memo regarding Obligations to the City • Notification from AMCO • Peninsula Botanicals Renewal Application Special Use Permit for Kenai Chamber of Commerce and Visitor Center • Correction Memo • Corrected Special Use Permit MOTION: Council Member Molloy MOVED to approve the agenda with the requested revis ions to the packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections , SO ORDERED. 4 . ConsentAgenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Glenden ing SECONDED the motion. Mayor Gabriel opened the public hearing ; t here being no one wishing to be heard , the public heari ng 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 -None. C . UNSCHEDULED PUBLIC COMMENTS Neal DuPerron, Harbor Commiss ion Member, spoke about the safety zones in the river noting he had been concerned the signs weren 't being installed as recommended but after talking to the manager had a better understanding and hoped t he Commission would bring in more interested parties and users to the discussion and have another recommendation for 2019. D. PUBLIC HEARINGS 1. Ordinance No. 3033-2018 -Appropriating Transfers for FY 2019 Budgeted Capital Projects in the Public Safety Capital Project Fund , the Kenai Recreation Center Improvements Capital Project Fund , the Vintage Pointe Manor Capital Project Fund, and the Water and Sewer Capital Project Fund . (Administration) MOTION: Council Member Knackstedt MOVED to enact Ord inan ce No . 3033-2018 and Council Member Molloy SECONDED the motion . Mayor Gabriel opened the public hearing . There being no one wishing to be heard , publi c comment was closed. Appreciation was expressed for the planned road improvements in the City. City of Ke nai Co un cil Me eti ng Ju ly 5, 20 18 Page 2 of 7 VOTE : YEA: Molloy, Gabriel, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2018-38 -Awarding an Agreement to Peninsula Pumping, Inc., for Providing and Servicing Portable Restrooms and Dumpsters on The North and South Kenai Beaches , Including Portable Restrooms at the City Dock, During the 2018 Personal Use Fishery . MOTION: Council Member Molloy MOVED to adopt Resolution No . 2018-38 and requested UNANIMOUS CONSENT. Council Member Knacksted t SECONDED the motion . Mayor Gabriel opened the publ ic hearing ; there being no one wishing to be heard , public comment was closed. Administration clarified that the proposed fees were very close to the previous year's costs. VOTE: There being no objections , SO ORDERED. 3. Resolution No. 2018-39-Awarding an Agreement to Alaska Waste-Kenai Division, LLC, for Providing and Servicing Road Access ible Dumpsters at the End of South Spruce Street, Kenai Little League Parking Lot, and Kenai City Dock During the 2018 Personal Use Fishery. (Admin istration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No . 2018-39 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion . Mayor Gabriel opened the public hearing ; there be ing no one wishing to be heard , public comment was closed . VOTE: There being no objections , SO ORDERED. 4. Resolution No. 2018-40 -Approving the Execution of a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai and James H. Doyle , Individually, D/B/A Weaver Brothers , Inc. for Tract A , Gusty Subd ivis ion No . 3, and Tract B, Gusty Subdivision No. 6 , Amended. (Administration ) MOTION: Council Member Knac kstedt MOVED to adopt Resolutio n No. 20 18-4 0 and requested UNAN IMOUS CONSENT. Vice Mayor Navarre SECONDED the motion . Mayor Gabriel opened the public hearing ; there being no one wishing to be heard, public comment was closed . City of K enai Council Me eti ng Jul y 5, 2018 Pa ge 3 of 7 The applicant was thanked for the business he 's done in Kenai in the past decades. VOTE : There being no objections, SO ORDERED. 5. Resolut ion No. 2018-41 -Consenting to The Vacat ion of the Easternmost Portion of Riverview Drive Right-of-Way between Broad Street and Lot 2C , Original Townsite of Kenai Laddville Replat No . 3, a Portion of Broad Street Right-of-Way South of Cook Avenue, and the Unnamed Right-of-Way South of Cook Avenue Adjacent to Lot 2C Original Townsite of Kenai Laddville Replat No. 3 and Lot 1, Block 18, Original Townsite Of Kenai. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-41 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 . It was suggested the associated plat be reviewed before the City signed as suggestions had been made at the Platting Committee. Administration clarified the City had requested five waivers on the associated plat which were subsequently approved by the Platting Committee; further clarified the committee had noted several changes the surveyor needed to make to the plat. VOTE: There being no objections , SO ORDERED. E. MINUTES 1.*Regular Meeting of June 20 , 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 over $15,000 . Approved by the consent agenda . 3 . *Action/Approval -Non-Objection to Limited Marijuana Cultivation Facility License Renewal for Peninsula Botanicals , License No . 12303. (City Clerk) Approved by the consent agenda . City of Kenai Council Meeting July 5, 2018 Page 4 of 7 4. *Ordinance No. 3034-2018 -Repealing Kenai Municipal Code Chapters 16.05- General Provisions, and 16 .10-Procedure, within Title 16-Public Improvements and Special Assessments and Re-Enacting and Renaming Chapter 16.05-Special Assessment Districts. (Council Member Knackstedt) Introduced by the consent agenda and public hearing set for August 1, 2018 . 5. Action/Approval -Special Use Permit for the Kenai Chamber of Commerce and Visitor Center to Allow the Moosemeat John Cabin to be Used and Operated on City- owned Property Known as Lot 1, Gusty Subdivision , Addition 8. (Administration) MOTION: Council Member Molloy MOVED to approve a Special Use Permit for the Kenai Chamber of Commerce and Visitor Center to allow the Moosemeat John Cabin to be used and operated on City-owned property known as Lot 1, Gusty Subd ivis ion , Addition 8 and Council Member Knackstedt SECONDED the motion. Clarification was provided that the cabin was potentially owned by the Chamber of Commerce based on record ing information from the 1970's and the area used for Saturday Market did not need to be included in the permit only the location of the property where the cabin itself sat. It was further clarified that administration e xpected the situation between the Kenai Historical Society, Kenai Chamber of Commerce and Visitor Center, and the City to continue as it had been and the use of the building was for storage and office space. MOTION TO AMEND: Council Member Molloy MOVED to amend by substi t ut ing the corrected Special Use Permit prov ided in the laydown and requested UNANIMOUS CONSENT. Counc il Member Knackstedt SECONDED the motion . VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. UNANIMOUS CONSENT was requested on t he main motion . VOT E ON THE MAIN MOTION: There being no objections , SO ORDERED. 6 . Action/Approval -Amending an Employment Agreement between the City of Kenai and City Manager Paul Ostrander. (City Manager) MOTION: Council Member Knackstedt MOVED to amend the City Manager's employment agreement and Council Member Molloy SECONDED the motion . MOTION TO AMEND: Counc il Member Molloy MOVED to amend the Ci ty Manage r's employment agreement by deleting the reference in Section 10 to KMC 23.40 .030 (Annual Leave ) and addi ng a new paragraph to Section 10 tha t reads : The Employee shall accrue leave at a rate of 10 .1538 hours bi-wee k ly City of Ke nai Counc il Meeting July 5, 20 18 Page 5 of 7 effective re t roactively to January 1, 2018. Vice Mayor Navarre SECONDED the motion and requested UNANI MOUS CONSENT . VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. UNANI MOUS CONSEN T was requested on the main motion . VOTE: There being no objections, SO ORD ERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -No report; next meeting August 9. 2 . Airport Commission -No report ; next meeting July 12 . 3. Harbor Commission -No report; next meeting July 9 . It was noted the Rules and Responsibilities Sub-committee met on June 26 and continued discussing Title 11 relative to tideland leasing . 4 . Parks and Recreation Commission -No report ; next meeting August 2. 5 . Planning and Zoning Commission -It was reported that on June 27 , the Commission reviewed a Conditional Use Permit for resource extraction which was not approved; next meeting July 25. 6. Beautification Committee -No report; next meeting September 10 . 7. Mini-Grant Steering Committee -Next meeting July 6. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following : • Delivered a Military Appreciation Proclamation at the Kenai Peninsula Air Fa ir ; • Congratulated Allie Ostrander on her runn ing accomplishments; • Attended the Fourth of July parade . J . ADMINISTRATION REPORTS 1. City Manager -P. Ostrander reported on the following: • Administration was completing preparations for the d ipnet fishery ; • The pending lessee backed out of the lease on the City Doc k; City can operate cranes this year if needed ; without interest from processors will be difficult to find a concessionaire ; • Purchase and sales ag reements fo r properties approved at previous meetings were progressing; more property lessees were interested in moving forward with purchasing; • Proposals for a new concessionaire for the restaurant space at the airport were due July 17; • No change in Bluff Erosion Project; communications ongoing. Cit y of Kenai Counci l Meeting Page 6 of 7 Jul y 5, 201 8 2 . City Attorney -No report. 3. City Clerk -J. Heinz provided an update on the Dipnet Vendor pilot project noting there had been no applicants and planned on reverting to the former way of letting vendors operate; noted tra in ing for committees and commissions would be taking place over the next few months ; reported nomination packets for City Council would be available on July 16. K. ADD ITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None . 2 . Council Comments Council Member Molloy recognized Johna Beech and commended her work organizing t he Fourth of July parade. Council Member Glendening attended and judged the Fourth of July parade ; reported he attended an airport renovation committee meeting . Council Member Knackstedt noted an ordinance had been introduced which would repeal and replace the procedures for Special Assessment Districts, was not time sensitive , and may take several meetings to digest; also pointed out there is a flow chart included. Vice Mayor Navarre wished everyone a good July and hoped for a success fishing season . L. EXECUTIVE SESSION -None . M. PENDING ITEMS -None. N. ADJOURNMENT There being no further bus iness before the Council , the meeting was adjourned at 6 :55 p.m . I certify the above repr sents accurate minutes of the Kenai City Council meeting of July 5, 2018 . City of Kena i Council Meeting July 5, 2018 Page 7 of 7