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HomeMy WebLinkAbout2018-09-19 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 19, 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 September 19, 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 A quorum was present. Also in attendance were : Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk Robert Molloy Tim Navarre Mike Boyle Jacquelyn Kennedy, Deputy Clerk 3. Agenda Approval Mayor Gabriel noted the following modifications to the packet: Add to item D.1. Ordinance No. 3039-2018 • Memo and FEMA FIRM Panels • Possible Amendment Memo Add to item D.4. Resolution No. 2018-47 • Amendment Memo MOTION: Council Member Molloy MOVED to approve the agenda with noted revisions 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 for 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 wi ll 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 . COUNCIL MEMBER BOYLE ARRIVED AT 6:02PM 8. SCHEDULED PUBLIC COMMENTS 1. Dave Mitchell, Conservation Director, Great Land Trust -Overview of the Exxon Valdez Oil Spill Trustee Council and their Projects on the Kenai River. Conservation Director, Dave Mitchell provided an overview presentation of the Exxon Valdez Oil Spill Prioritization and Habitat Projects, Great Land Trust background, current Kenai River projects and a request for support. C. UNSCHEDULED PUBLIC COMMENTS -None . D. PUBLIC HEARINGS 1. Ordinance No. 3039-2018 -Amending Kenai Municipal Code Sections 14.20.151- Application for Conditional Use Permit for Surface Extraction of Na tu ra l Resources , and 14.20.154-lssuance 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) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3039-2018 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 . City of Kenai Council Meeting September 19, 2018 Page 2 of 9 MOTION TO AMEND: Council Member Glendening MOVED to amend 14.20 .151(A)(7) in Section 1 of the Ordinance by ins6rting a colon after "indicated by" and making the rest of the sentence criteria (A) replacing the period with a comma and adding the word "or" at the end; Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. City Manager Ostrander clarified that the intent of the revision was to have a process in place if an applicant disagreed with the FIRM Map , this would allow a local registered surveyor to determine property line and verify that the criteria was met as part of the conditional use permit. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend 14.20 .151(a)(7) in Section 1of the Ordinance by adding criteria (B) to read, "survey data from a surveyor registered or licensed in the State of Alaska showing the proposed site is outside of the 1 % Annual Chance Flood Zone, 0.2 % Annual Chance Flood Zone, or high-hazard coastal areas ." Council Member Boyle SECONDED the motion. There was discussion regarding surveyors being registered versus licensed by the State of Alaska. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend Section B , first line, deletion of the word "or," and replace with "and ," after the word "registered," and replace "in," with the word "by," after the word "licensed,"; Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT OF AMENDMENT: There being no objections , SO ORDERED. VOTE ON THE AMENDMENT: Yay: Gabriel , Knackstedt, Molloy, Glendening, Navarre, Boyle Nay: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Knackstedt MOVED to amend 14.20 .151(a)(7) in Section 1 of the Ord inance by rep lacing the word "or" with the word "and" before "h igh-hazard", and 14.20.154(a)(4) t o "or" with the word "and" before "high-hazard". Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no obj ections , SO ORDERED . Support for the Ordinance was expressed noting it continued to strengthen the City a nd protection of the Kenai River, and provided more c lear guidan ce to individua ls inte rested in a cond itiona l use perm it. Ci t y of Kena i Council Meeting September 19, 2018 Page 3 of 9 VOTE ON THE AMENDED MAIN MOTION: YEA: Molloy, Gabriel, Boyle, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 2. 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) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3040-2018 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing . Resident , Lacey Janes spoke in support of this ordinance , expressing the importance of pets being cared for adequately and having the necessary medical care. There being no one else wishing to be heard, Mayor Gabriel closed the public comment. Clarification was provided that this ordinance was to require pet owners to care for their animals, including providing clean water, protection from weather, adequate veterinary care to prevent physical suffering , and prevent animal cruelty . It was noted that it would allow agencies to humanely trap or kill animals that were too injured to recover or if presented as a threat to human safety or physical infrastructure. It was further noted that it would also allow families to harvest their animals for livestock, or kill an animal in defense of physical or property safety. It was clarified that this ordinance was not regarding permitted hunting . VOTE: YEA: Glendening , Navarre , Boyle, Knackstedt, Molloy, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2018-50 -Declaring a Five-Foot Section Within Tract F, Leo T. MOTION: Oberts Subdivision , a Replat of Oberts Tract A and Tract 1 of Highlands Subdivision Not Needed for a Public Purpose and Conveying a Right-of-Way Easeme nt of the Same Description to the State of Alaska. (Administration) Council Member Knackstedt MOVED to adopt Resolution No. 2018-50 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. City of Kena i Council Meeting September 19, 2018 Page 4 of 9 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, publ ic comment was closed . VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2018-51 -Authorizing the Use of the Eq uipment Replacement Fund to Purchase Replacement Equipment for the City's Data Center and Awarding a Contract for the Purchase of Network Servers to the Lowest Responsive Bidder . (Administration) MOTION: Council Member Molloy MOVED to adopt Resolution No . 2018-51 and Council Member Knackstedt 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 Knackstedt MOVED to amend the reso lution by inserting into the 5 th whereas clause the number 1 in the first blank space, and GCSIT in the second blank space; and inserting into Section 2 GCSIT in the first blank space, and the amount $48,289 .0 0 in the second blank space. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections , SO ORDERED. The City Manager clarified that the dollar amounts in the 4 th whereas clause would stay the same. UNANIMOUS CONSENT was requested on the main motion. VOTE ON THE AMENDED MAIN MOTION:There being no objections , SO ORDERED. 5. Resolution No. 2018-52 -Supporting and Authorizing the Use of a Portion of Daubenspeck Famil y Park for the Construction and Presence of a Kenai Dog Park. (Administration) MOTION: Vice-Mayor Navarre MOVED to adopt Resolution No. 2018-52 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion . Mayor Gabriel opened the public hearing. Jodi Stuart, Committee Member of the Dog Park Planning Group spoke in support of Daubenspeck Family Park over the other locations considered due to the overall amenities it offered. Daubenspeck Family Park included recreation for families while being there with dogs, and encouraged use of the Kenai trails down to the park and continuing. Steward further noted ideas for partial use of the water on-site for dog sports . City of Kenai Council Meeting September 19, 2018 Page 5 of 9 Lacey Jaynes brought her dog, Chomper forward expressing the importan ce of and support for the dog park . She noted the only options currently were the Kenai beach or the Soldotna dog park. Dale Sandah l expressed strong support of the dog park in Ke n ai. He provided historica l data that in 2005/2006 the Council had plans drawn of Section 36 to offer an area next to the Socce r Fields as a dog park, noting it could be beneficial to competitions and t he cu rrent parking lot co uld be expanded . There being no one else wishing to be heard , Mayor Gabriel closed public commen t. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of September 5, 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. Act ion/Approval -Purchase Orders Over $15,000 MOTION: Council Member Knackstedt MOVED approve purchase o rders over $15,000 and requested UNANIMOUS CONSENT. Vice-Mayor Navarre SECONDED the moti on. Support was expressed of continuous maintenance in the IT department. VOTE : There being no objections , SO ORDERED . 3. *Action/Approval -Appointing Precinct Election Boards for the October 2, 2018 Election . (City Clerk) Approved by the c onsent agenda . 4. Action/Approval -Authorizing the City Manager t o Sign a Letter of Support for the Great Land Trust to Purchase two Properties from Priva te Landow ners on the Kenai Ri ver as an Exx on Valdez Oil Spill Trustee Council Habita t Fu nd Project. (Administration) City of Kenai Council Meeting S eptem b er 19, 2018 Page 6 of 9 MOTION: Vice-Mayor Navarre MOVED to authorize the City Manager to sign a letter of support for the Great Land Trust to facilitate the purchase of two properties from private landowners on the Kenai River as an Exxon Valdez Oil Spill Trustee Council Habitat Fund Project and Council Member Molloy SECONDED the motion. It was suggested that legal look at the properties, specifically the part of the Lofstedt property near Beaver Loop Road, to make sure the City 's interests can be met in the future . UNANIMOUS CONSENT was requested . VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -No report; next meeting October 11. 2. Airport Commission -It was reported that the Terminal Rehabilitation Project should commence in October, with an anticipated completion date of December 2019; representatives from FAA were in Kenai and very interested in the preservation and updates at the Kenai Airport; two additional proposed projects were being discussed; next meeting October 11. 3. Harbor Commission -It was reported the Harbor Commission would have more to report following the determination by the Sub-Committee of the Commission 's roles and respons ibil ities; next meeting October 8. The Sub-Committee met on September 18 and continued re-evaluation of Code as it pertained to the Harbor Commission. 4. Parks and Recreation Commission -It was reported the Kenai Parks Tour and Commission meeting was on September 6, the weed-pull event in Kenai was on September 8, and the Fall Pumpkin Festival will be held on October 13; next meeting October 4. 5 . Planning and Zoning Commission -The September 12 meeting was canceled; next meeting on September 26. 6. Beautification Committee -It was reported the Committee met on September 11 and reviewed the sign as requested by Council and recommended changes in the sign to include a lighter background , raised letters and a similarity to other Kenai park signs; a virtual tour follow-up was provided at the Committee meeting of the Parks tour for those that were not in attendance; and there would be a City Department Scarecrow Competition at the Fall Pumpkin Festival on October 13 ; ne xt meeting on October 9. 7. Mini-Grant Steering Committee -No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended the Candidate Forum for Kenai City Council hosted by the Chamber of Commerce; City of Kenai Council Meeting September 19, 2018 Page 7 of 9 • Delivered a proclamation declaring September as Hunger Action Month and recognized the Food Bank for their work; • A TRASHercize event developed by the City Planner and Parks and Recreation Department was upcoming; and • The City Clerk's Office was hosting an Employee Food Drive the month of September and encouraged dropping off non-perishable food items. J. ADMINISTRATION REPORTS 1. City Manager-P. Ostrander reported on the following: • An internal working group held its first meeting as part of the process to re-write Code regarding City owned lands within Airport lands; • An Access Database was created for land classification and land policy use , and the Temporary Land Technician starts on October 1; • The Kenai Silver Salmon Derby was concluding this weekend; • He met with the Police Department regarding significant change by legis lature in Peace Officer pay, and would requ ire changes in the City's compensation policy to retain Police Officers; further discussion coming; • The City would be extending the Kenai Chamber of Commerce contract to a month-to-month thro ugh the fiscal year to allow the Vis itors Guide work process to continue and then do a Request for Proposal; • He met with FAA today and they were supportive and noted the rehabilitation project needed their support and the State support; • There was no update on Bluff Erosion ; awaiting the feasibility report before moving forward; and • He would be attending the annual International City/County Management Association Conference. 2. City Attorney -S. Bloom reported Senate Bill 63, the no-smoking law, would go in to effect October 2. Bloom noted he wou ld provide information at the next Council meeting comparing State laws versus City laws and possible exemption options for the City. 3. City Clerk -J. Heinz reported training for Parliamentary Procedures and Open Meetings Act was ongoing; provided similar training to the Department lia isons focusing on the Administrative side; noted the elections process was going smoothly, absentee voting was ongoing while the Regular Election wou ld be October 2; also noted she put together a committee to review the solicited quotes for the City website design update and facilitate in the re-design of it. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Brent Hibbert provided an update on recent action before the Kenai Peninsula Borough Assembly. Kenai Chamber of Commerce and Visitor Center President, Johnna Beech provided an update on current events. Jodi Stuart invited the City Council to the Coordinated Entry Meeting on September 24 and reiterated the importance of attendance to discuss the community as a system and what was City of Kenai Council Meeting September 19, 2018 Page 8 of 9 needed to be a re cipient of funding for housing , to in c rease emp loym e nt , and decrea se the homeless situation. Stuart clarified the Coordinated Entry process is a separate process from Continuum of Care, although it was all linked. She further noted Kena i has no emergency shelters for homeless when the temperatures are dangerously low outside. 2 . Coun ci l Comments Council Memb er Knackstedt thanked the City Planner and Par ks and Recreat io n Departm e nt for their efforts in the City and coordinating events for the commun ity. He additionally expressed a hope for additional sampling of bacteria at the Kenai beach outside the fish season . Counci l Memb ers Molloy and Glendening thanked the Kenai Cham ber for t he lu ncheon toda y to meet the City Counci l candidates; Molloy further expressed a pp rec iati on for Co uncil Member Boy le 's wor k and time on the Council. Vice-Mayor Navarre noted the Alaska Municipal League (AML ) Conference was occurr ing o n November 12 -16 . He added that he would be in Washington DC on October 23 attend ing the Alaska Tour of the White House to discuss several state issues and he w anted to meet with the City Manager and Alaska Mun icipal League Board to discuss topics to take with him . L. EXECUTIVE SESSION -None . M. PENDING ITEMS 1. Action/Approval -Field of Flowers Signage (Council Member Knackstedt) [Clerk 's Note: This item wa s referred to the Beautific ation C ommittee and then th e Airport Commission.] N. ADJOURNMENT There being no further business before the Council , the meeting was adjourned at 8:23 p.m. I certify the above represen ts accurate minutes of the Kenai C ity Counc il meeting of Sep tember 19,20 18. C ity of Kenai Council Meeting September 19, 2 018 Page 9 of 9