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Home My WebLink About2018-09-05 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING SEPTEMBER 5, 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 September 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 A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval MOTION: Robert Molloy Tim Navarre Mike Boyle Council Member Molloy MOVED to approve the agenda 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 Branden Bornemann, Executive Director, Kenai Watershed Forum — Update Regarding Water Quality of the Kenai River. Branden Bornemann thanked the Council for their support of the bacteria testing of the beaches of the Kenai River over the summer noting the testing had been done for many years and a baseline set. He added that source tracking of bacteria began in 2014 which has shown bacteria has clearly been mostly gulls; pointed out that the data also shows the bacteria existed before the dipnet fishery and would be there if the dipnet fishery went away. Mr. Bornemann explained that State of Alaska, Department of Environmental Conservation was required to publicly notice the bacteria exceedances; suggested the notices be done in a better way in the future. He also provided an update of the water quality testing which they have been doing for 20 years; discussed a time when research was showing elevated hydrocarbon in the river, a solution presented and implemented which repaired the river. Mr. Bornemann pointed out that currently they were starting to see higher levels of zinc and copper in the river which was typical of urban areas and that the river being listed as Category 1 or 2 provided more opportunity and more funding for additional testing and finding solutions. 2. Paul Minelga — Deterioration of Willow Street North of the Airport Terminal Building to the Airport Fire Station. Paul Minelga discussed the condition of Willow Street at the North end of the terminal and continuing on past the Tower and Operations Center noting the street had been deteriorating at a more rapid pace recently. He pointed out that the City was encouraging businesses to invest high dollar structures on leased property which were accessed by the street and suggested the condition of the street would be a deterrent. Mr. Minlegla also pointed out that the Airport Master Plan Phase III showed a lot of development on that end of the airport by 2030 and the street would no longer be adequate in a few short years. Finally, Mr. Minelga stated that he felt the City was soon going to have an incredible terminal facility and suggested upgrading the street to welcome visitors and investors. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 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 City of Kenai Council Meeting Page 2 of 8 September 5, 2018 Design And Construction Administration Services, And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) • Substitute Ordinance No. 3037-2018 MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3037-2018 and Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened the public hearing. There being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend by replacing with Substitute Ordinance No. 3037-2018 and Council Member Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. Clarification was provided that contract administration services included in the increase to the contract with Wince-Corthell-Bryson included mechanical engineering, electrical engineering, civil engineering, and testing firms. Administration was thanked for moving this project so quickly. VOTE ON THE MAIN MOTION: YEA: Molloy, Gabriel, Pettey, Boyle, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 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, Authorizing 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) MOTION: Council Member Knackstedt MOVED to adopt Ordinance No. 3038-2018 and Council Member Navarre SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO POSTPONE INDEFINITELY: City of Kenai Council Meeting Page 3 of 8 September 5, 2018 Council Member Knackstedt MOVED to postpone indefinitely and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. Clarification was provided that the only bid came in approximately $800,000 over the $200,000 engineer estimate and Administration was looking at options for including in the Terminal Rehabilitation project or coupling it with another upcoming project. VOTE ON POSTPONEMENT: There being no objections, SO ORDERED. 3. Resolution No. 2018-48 — Approving the First One Year Extension to the Agreement for Facility Management Services at the City of Kenai Multi -Purpose Facility. (Administration) MOTION: Vice Mayor Navarre MOVED to adopt Resolution No. 2018-48 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. 4. Resolution No. 2018-49 —Authorizing the Purchase of a Street Sweeper from Yukon Equipment, Inc., for the Total Amount of $289,571.00. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-49 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. (Clerk's Note: A brief at ease was taken) MOTION TO Council Member Knackstedt MOVED to reconsider enactment of Ordinance No. 3037-2018 and Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. It was noted that there was a clerical error in the dollar amount in Section 1 of the ordinance which needed amended to match the amount of the FAA Grant line item in Section 2 of the ordinance. MOTION TO AMEND: City of Kenai Council Meeting Page 4 of 8 September 5, 2018 Council Member Knackstedt MOVED to amend by replacing the dollar amount in Section 1 from $10,619,265 to $10,619,995 and Council Member Molloy SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Molloy, Gabriel, Pettey, Boyle, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDED MAIN MOTION: YEA: Molloy, Gabriel, Pettey, Boyle, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of August 1, 2018 Approved by the consent agenda. 2.*Regular Meeting of August 15, 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 the Renewal of a Standard Marijuana Cultivation Facility License for Red Run Cannabis Cultivators, LLC, License No. 10052. (City Clerk) Approved by the consent agenda. 4. *Action/Approval — Non -Objection to Renewal of a Retail Marijuana Store License for Red Run Cannabis Company, LLC, License No. 10056. (City Clerk) Approved by the consent agenda. City of Kenai Council Meeting Page 5 of 8 September 5, 2018 5. *Ordinance No. 3039-2018 - Amending Kenai Municipal Code Sections 14.20.151 - Application for Conditional Use Permit for Surface Extraction of Natural Resources, and 14.20.154 -Issuance of Permit for Surface Extraction of Natural Resources, to Prohibit Surface Extraction of Natural Resources within the 100 Year and 500 Year Floodplains and Require Appropriate Professional Assistance with Site Plan Submittals. (Administration) Introduced by the consent agenda and public hearing set for September 19. 6. *Ordinance No. 3040-2018 - Amending Kenai Municipal Code Section 3.10.060 - Cruelty to Animals, to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure. (Mayor Gabriel) Introduced by the consent agenda and public hearing set for September 19. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — No report; next meeting September 13. 2. Airport Commission — No report; next meeting September 13. 3. Harbor Commission —No report; next meeting September 10. It was noted the Rules and Responsibilities Sub -committee met on August 28 and continued reevaluating code as it pertained to the Harbor Commission; planned to go back and review the code more thoroughly. 4. Parks and Recreation Commission — No report; next meeting September 6. 5. Planning and Zoning Commission — It was reported that on August 22 the Commission heard from Ryan Tunseth who invited Commission members to take a tour of his business; adopted a resolution recommending an amendment to code to revise material extraction to prohibit extraction in the floodplain; September 12 meeting cancelled; next meeting September 26. 6. Beautification Committee— No report; next meeting September 10. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended the Old Timer Luncheon; • Attended the Alaska Municipal League and Alaska Conference of Mayors meetings in Denali; provided an overview of topics including cyber -attacks in Mat - Su, online sales tax, opioid abuse, and mental health; • Attended Industry Appreciation Day. J. ADMINISTRATION REPORTS City of Kenai Council Meeting Page 6 of 8 September 5, 2018 City Manager — P. Ostrander reported on the following: • City was taking proactive steps to ensure it was positioned as well as possible with cyber threats; providing cybersecurity training for staff; • Silver Salmon Derby upcoming; • Closed on Pingo Property sale and Schillings sale to also close soon; • Building permit issued for Spur Motel renovations; • Trashercize event ongoing to clean up trails in the City; • Dog Park approval resolution coming forth; • Recently participated in a ride along with a police officer; • Bluff Erosion Project held its agency kickoff meeting with the project development team; still on schedule. 2. City Attorney — S. Bloom reported the State was accepting public comment on an onsite consumption endorsement to retail marijuana store licensees until November 11; as written there was a local option clause. 3. City Clerk — J. Heinz provided an update on Commission vacancies; notified of Alaska Municipal League meetings in November and asked Council for their interest in participating; noted September was Hunger Action Month and the Office of the City Clerk was hosting a City Employee Food Drive. Added she had declared her candidacy for Second Vice -President of Alaska Association of Municipal Clerks. K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Glendening noted he attended Industry Appreciation Day, Old Timer Luncheon, and the soft opening of Brother's Cafe. Also noted he had been considering impacts of the gas line and suggested incoming people and housing them might be a challenge. Council Member Knackstedt attended and participated in Industry Appreciation Day; thanked Brother's Cafe for an invitation to their soft opening; suggested reviewing options for addressing homelessness in the City. Council Member Molloy noted he had read that 1,353 pounds of metal had been cleaned off City beaches due to Mr. Graves' Caring for the Kenai project; noted he appreciated those that came to speak during scheduled public comments and the information they provided. Council Member Pettey noted she attended the Brother's Cafe soft opening; provided a reminder for the upcoming First Thursday at Kenai Fine Arts which was a prelude to the Harvest Art Auction; commended the City Clerk for hosting a Food Drive and pointed out the Food Bank's annual fundraiser was upcoming. Vice Mayor Navarre noted the Kenai Peninsula Borough's Consortium of Care working group was looking at the entire Kenai Peninsula and developing shelters for those experiencing homelessness; Industry Appreciation Day was a success and thanked the Parks and Recreation City of Kenai Council Meeting Page 7 of 8 September 5, 2018 Director and staff for their excellent help. He added that the City should be proud of hosting the event. L. EXECUTIVE SESSION — None. M. PENDING ITEMS 1. Action/Amwoval — 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 There being no further business before the Council, the meeting was adjourned at 8:16 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of September 5, 2018. VENA LtJ mi Heinz, CMC U G.� ity Jerk 06 kE-01- LA1 City of Kenai Council Meeting Page 8 of 8 September 5, 2018