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HomeMy WebLinkAbout2018-08-15 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING AUGUST 15, 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 August 15, 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 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 Mike Boyle (absent) Mayor Gabriel noted the following modifications to the packet: Add to item D.3. Resolution No . 2018-47 • Amendment Memo MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions to the 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 mo t ion. 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 Ryan Tunseth provided an update on his Marijuana Retail Store business which was ready to open pending an inspection from the Alcohol and Marijuana Control Office. He thanked City officials involved with helping him along the permitting and construction process and extended an invitation to Council members to stop by for a tour anytime he was there. He also advised the Council that the next Marijuana Control Board meeting was in October and taking place in Kenai; he encouraged Council to pass a resolution encouraging the Board to enact regulations which would speed up the licensing process. D. PUBLIC HEARINGS 1. Ordinance No. 3035-2018 -Increasing Estimated Revenues and Appropriations by $2057.58 in the General Fund (FY18) -Police Department for State Traffic Grant Overtime Expenditures . (Administration) MOTION: Council Member Molloy MOVED to enact Ordinance No. 3035-2018 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 , Gabriel , Pettey, Navarre, Glenden ing, Knackstedt NAY: City of Kena i Council Meeting Page 2 of 10 August15,2018 MOTION PASSED UNANIMOUSLY. 2 . Ordinance No. 3036-2018 -Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books . (Administration) MOTION: Council Member Knackstedt MOVED to adopt Ordinance No. 3036-2018 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 , Gabriel , Pettey, Navarre , Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2018-47 -Approving a Twenty-Year Extension and Amendment to the Annual Rent and Lease Option Terms for the Lease and Concession Agreements for the Kenai Municipal Golf Course and Recreation Area Between the City Of Kenai and Griffin Golf Enterprises. (Administration) MOTION: Vice Mayor Navarre MOVED to adopt Resolution No. 2018-47 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing ; there being no o ne wishing to be heard , public comment was closed . MOTION TO AMEND: Vice Mayor Navarre MOVED to amend the resolution by replacing the word , "in ," before the words , "Twelfth Amendment to the Lease and Concession Agreement ," with the word, "the ," and replace the word "show," with the word , "shown ," in section one of the Resolution, and replace the word, "created," with the word , "credited," in section two of both lease amendments and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion . VOTE ON THE AMENDME NT: There being no objections , SO ORDERED. Administration was thanked for working together with the lessee to develop agreeable terms. Clarification was provided regard ing the changes in the lease amendments which included a lease price change and requirements for improvements. Some of the proposed improvements were also d iscussed . The Griffin f amily was thanked for their investment in the City of Kenai. City of Ke nai Council Meeting Au g ust15,201 8 Page 3of10 VOTE ON THE MAIN MOTION: YEA: Molloy, Gabriel, Navarre , Glendening, Knackstedt, Pettey NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES None. F. UNFINISHED BUSINESS 1. 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) [Clerk's Note : This Item was Postponed to this Meeting from the August 1, 2018 Meeting; A Motion to Enact is On the Floor.] Appreciation was expressed for the flow chart and the Attorney 's analysis . There was discussion regarding the requirement for the number of signatures required on the petition proposing the special assessment district, the application fee, and the timing of the payment of the application fee . Concern was expressed that the proposed changes were more complex than the existing regulations and may have some barriers , including the high application fee and multiple steps to the process where there had only been one. There was also concern expressed regarding the perception of government. Clarification was provided that both criteria in section 16.05.120( d) must be met in order for the project to move forward . Clarification was also provided that an exempt property was sufficiently covered in a new section of the proposed ordinance. There was discussion regarding the petition process and how it fit into the overall process; topics included Council's approval of the petition language to alleviate disputes, the City Clerk providing the petition to the sponsors, and who was responsible for circulating the petition . Clarification was provided that Council was not bound by other legalities with regard to the assessment provisions and could make a policy decision to deviate. Support for the ordinance was expressed noting the process was clarified and provided the City time to focus on and put projects into perspective , and to look into funding options if desired; a smaller percentage of petition signatures was preferred . There was discussion regarding the percentage of petition signatures that should be required . The application fee was discussed . It was noted the City had upfront costs in working with the applicant and suggested it was important for the City to collect an application fee to ensure the property owners had seriously cons idered the project prior to submitting an application . The Kenai Peninsula Borough fee structure was also discussed . MOTION TO AMEND: City of Kenai Council Meeting August15,2018 Page 4 of 10 Council Member Molloy MOVED to amend section 16 .05 .095 by deleting , "conditioned on the filing of an application fee by the sponsor," from part a, deleting part b, renumbering part c as part b, and deleting , "After the sponsor submits the non-refundable application fee to City Clerk," from what would newly be numbered part b so the section would then read, "(a) Council Approval for engineer's or architects estimate . The Council shall determine by resolution whether to approve an order for an engineer's or architects estimate. (b) Engineer's or Architect's estimate. The City Manager or designee shall obtain an estimate , etc." The motion failed for lack of a second . MOTION TO AMEND: Council Member Knackstedt MOVED to amend the percentage in section 16.05 .120( d) from seventy percent to sixty percent so the section would then read , "In order for the City Council to consider the proposed special assessment district further, the petition must contain the signatures of the owners of record of (a) at least 60 percent of the total number of parcels subject to assessment within the proposed district and (b) at least 50 percent in value of the property to be benefited , in order to be considered by the Council for formation ," and Council Member Glendening SECONDED the motion . MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by deleting , "(a)" and "and (b) at least 50 percent in value of the property to be benefited ," and Council Member Pettey SECONDED the motion. Clarification was provided the effect of the amendment to the amendment was a policy decision , which wasn 't currently addressed in the code and was a method utilized by the Kenai Peninsula Borough to address significant discrepancies in parcel sizes . VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Molloy, Gabriel, Navarre NAY: Glendening, Knackstedt , Pettey MOTION FAILED. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by adding the word , "assessed " in subsection (b) before the word, "value ," so that the statement would read , "at least 50 percent in assessed value of the property to be benefitted ," and Council Member Knackstedt SECONDED the motion . VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Molloy, Gabriel , Navarre , Glendening , Knackstedt, Pettey NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Counci l Meeting August15,2018 Page 5 of 10 UNANIMOUS CONSENT was requested on the amended amendment. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glenden ing MOVED to amend the percentage in the third whereas clause from seventy percent to sixty percent. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 16 .05 .120(h)(4) by deleting , "will only be accepted by the clerk if it is accompanied by a copy of the trust document ," and replacing with, "must be accompanied by a certification that the trustee(s) has the authority to sign on behalf of the trust." Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED . MOTION TO AMEND: Council Member Molloy MOVED to amend section 16.05 .140(f) by deleting, "by force account or by contract, or in any other manner provided by law," from the statement and replacing with , "in any manner consistent with applicable City Ordinances ," and requested UNANIMOUS CONSENT. Counci l Member Glendening SECONDED the motion . VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend the special assessment flow chart to remove and replace Resolution with Ordinance in KMC 16 .05.095(e) notice inclusions and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend 16 .05.140(e)(8) by inserting the word , "and ," between the words, "design ," and, "construction ," and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion . VOTE ON THE AMENDMENT: MOTION TO AMEND: City of Kenai Council Meeting August15,2018 There being no objections, SO ORDERED. Page 6 of 10 Council Member Knackstedt MOVED to amend 16.05.160(a) by inserting the words, "and the," between the words , "completed ," and , "actual," in the first line . Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION : YEA: Gabriel , Navarre , Glendening, Knackstedt, Pettey NAY: Molloy MOTION PASSED. 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 the Issuance of a New Limited Marijuana Cultivation Facility License for Grateful Bud, LLC, License No. 16474. (Administration) Approved by the consent agenda. 4 . *Action/Approval -Non-Objection to Issuance of a New Retail Marijuana Store License for Majestic Gardens , LLC, License No. 15393 . (Administration) Approved by the consent agenda. 5. *Ordinance No. 3037-2018 -Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Terminal Improvements Capital Project Funds, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing A Change Order To The Contract Of Wince Corthell-Bryson For Additional Design And Construction Administration Services, And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) Introduced by the consent agenda and public hearing set for September 5. 6. *Ordinance No. 3038-2018 -Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Airport Improvements Capital Project Fund , Accepting And Appropriating A Grant From The Federal Aviation Administration , Authoriz ing Execution Of A Change Order To The Design And Engineering Contract Of Wince Corthell-Bryson For Construction Administration Services , And Awarding A Construction Contract To The 2018 Airport Fencing Rehabilitation With Access Control Project. (Administration) City of Kenai Council Meeting August 15,20 18 Page 7 of10 Introduced by the consent agenda and public hearing set for September 5. H. COMMISSIO N/COMMITTEE REPORTS 1. Council on Aging -It was reported that on August 9 the Council on Ag ing discussed security cameras in the entry of the Senior Center, new carpeting , and a new dishwasher. It was also reported that Bill Osborn and Joanna Hollier had notified the group that they were resigning from the committee and a luncheon was held to thank them for their serv ice; next meeting September 13. 2 . Airport Commiss ion -No report; next meeting September 13. 3. Harbor Commission -It was reported the Comm ission met on August 6 and hea rd about property on the river that was for sale; recommended the manager look into the property and provide a report whether it was in the best interest of the City for the City to purchase the property. The Commiss ion also discussed their tour of the dipnet fishery, learned a lot about wakes in the river, and planned to continue discussion on wake signage . It was noted the Rules and Responsibil ities Sub -committee met on August 7 but were unsure of the quorum requirements . 4. Parks and Recreation Commission -It was reported that on August 2 the Commission met and heard plans about bike repair stations being installed which were designed by a Kenai Central High School student; next meeting September 6. 5. Planning and Zoning Commission -It was reported that on August 8 the Commission reviewed potential surface extraction code changes and also some permit application requirement changes ; also discussed sign code changes and were looking to permit signs in the right-of-way ; next meeting August 22. 6. Beautification Committee -No report; next meeting September 10 . 7. Mini-Grant Steering Committee -No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following : • Attending Alaska Municipal League Summer Mayor's Conference in Denali. J . ADM INISTRATION REPORTS 1. City Manager -P. Ostrander reported on the follow ing : • Administration met w ith individuals who were selling property on the river and discussed their vision of how the City could create econom ic deve lopment with it; noted a memo about its potential would be provided to Counc il and the Harbor Commission ; • At the September 5 meeting , the Kenai Watershed Forum wou ld be presenting on a number issues with regard to the Kenai River, including turbidity, zinc and copper, and bacteria levels ; • Spent the night with the Kenai Fire Department on August 7 which was a great opportunity to get perspective on what they do; City of Kenai Council Meeti ng A ugust15,2018 Page 8of10 • An internal group was working with the Chamber of Commerce to revamp the Kenai visitor's guide ; • The Terminal Rehabilitation Project was out to bid and was on a compressed timeline due to the grant funds; staff did an incredible job keeping up with the changing requirements; • Bluff Erosion Project is still on same projected schedule, expecting a signed Director's Report by December. 2. C ity Attorney -No report. 3. City Clerk -J . Heinz reported the names of the candidates who would be on the ballot for City Council and noted absentee voting for the Primary Election was ongoing with the Election being held on August 21 . K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Glendening noted he had been on vacation; thanked staff for its attention to the park at Fourth and Birch; noted the Alaska LNG project was asking for communities to advise them what impacts they would see from the project. Council Member Knackstedt thanked Council on Aging member Hollier for her service to the City and briefly discussed her history in Kenai. Council Member Molloy thanked resigning members Osborn and Hollier for their work on Council on Aging ; thanked the voters that signed his nominating petition; noted he was looking forward to campaigning. Vice Mayor Navarre noted he had been attending the dog park committee meetings pointing out that the committee was looking at Daubenspeck Park and were ready to schedule work days to clear trees and grub the property; noted he was attending the Alaska Municipal League Board Meeting by telephone; provided a reminder that Industry Appreciation Day was being held on August 25. Mayor Gabriel thanked Council Member Boyle for his service to the City of Kenai. L. EXECUTIVE SESSION -None. M. PEND I NG ITEMS 1. Action/Approva l -Field of Flowers Signage (Council Member Knackstedt) [Clerk 's Note: This item was referred to the Beautification Committee and then the Airport Commission.] N. ADJOURNMENT City of Kena i Council Meeting August 15 ,2 018 Pa ge 9 of10 There being no further business before the Council, the meeting was adjourned at 8:11 p.m . I certify the above represents accurate minutes of the Kenai City Council meeting of August 15, 2018 . 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