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HomeMy WebLinkAbout2018-10-17 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING OCTOBER 17, 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 October 17, 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 Robert Molloy Tim Navarre Mike Boyle (absent) Robert Peterkin Scott Bloom, City Attorney (telephonic) Jamie Heinz, City Clerk 3 . Certification of Election MOTION: Vice Mayor Navarre MOVED to certify the election results of October 2, 2018 as presented and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion . VOTE: There being no objection; SO ORDERED. 4. Administer Oath of Office Mayor Gabriel administered the Oath of Office t o Council Members Molloy and Peterkin . 5 . Agenda Approval Mayor Gabriel noted the following revisions to the agenda and additions to the packet: Remove item B.1. Add to item D.9. Add to item D .10 . Remove item G.2. MOTION: Bryr Harris Resolution No. 2018-58 • Harvest Data Resolution No. 2018-59 • Public Comments • 2007 Election Certification Purchase Orders over $15,000 Council Member Molloy MOVED to approve the agenda with noted revisions and additions, to move items 0 .7. -D.9 . to be considered first under public hearings, and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections , SO ORDERED. 6. 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 will be approved by one motion. There will be no separate discussion of these items unless a council membe r 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. SCHEDULE D PU BLIC COMMENTS 1. Bryr Ha rris, Kenai Peninsula Boroug h River Center -Overview of Floodplain Zones and the National Flood Insurance Program (NFIP). [Clerk 's Note: Th is item was removed from the agenda during approval of the agenda.] C. UNSC HEDULED PUBLIC COMMENTS -None. D. PUBLIC HEA RINGS City of Kenai Cou ncil Meetin g Octob er 17, 2018 Pag e 2of 12 [Clerk 's Note : Items 0. 7 ., 0 .8., and 0 .9., were moved to be considered first under Public Hearings during approval of the agenda.] 7. Resolution No. 2018-56 -Authorizing a Six-Month Extension of a Facility Management Agreement for the Kenai Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitor Center. (December 30 , 2018 -June 30 , 2019). (Administration) MOTION: Vice Mayor Navare MOVED to adopt Resolution No . 2018-56 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. VOTE: There being no objection ; SO ORDERED. 8. Resolution No. 2018-57 -Commending The Kenai Central High School Girls As The Alaska Division II State Cross Country Champions For The Year 2018. (Mayor Gabriel) MOT ION: Vice Mayor Navarre MOVED to adopt Resolution No. 2018-57 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 . VOTE: There being no objection; SO ORDERED. Certificates of Achievement were presented to the members of the team . 9. Resolution No. 2018-58 -Requesting that Governor Bill Walker Declare an Economic Disaster for the Upper Cook Inlet Fisheries Region and Supporting a Recovery Plan. (Council Members Molloy and Glendening and Vice Mayor Navarre) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-58 and Council Member Glendening SECONDED the motion . Mayor Gabriel opened the public hearing . Dave Martin, President of United Cook Inlet Drift Association , noted Department of Fish & Game data showed that, since statehood, the Upper Cook Inlet fishery has been an economic benefit to the state; further noted the 2018 season fell on ha rd times with thousands of small businesses, from processors to truck drivers being affected . There being no one else wishing to be heard , public comment was closed . City of Kena i Council Meeting October 17, 201 8 Page 3 of 12 Clarification was provided that it was the role of the Kenai Peninsula Borough Mayor to request the Governor for the declaration, the declaration provided an opportunity to delay a payment on revolving loans, preventing defaults which assisted a newer generation of fisherman, and funded research, and action plans . Mayor Gabriel declared a conflict, that he was a commercial fisherman and could benefit if he were to apply for assistance after the declaration had been made . It was ruled that Mayor Gabriel had a conflict; the gavel was passed to Vice Mayor Navarre MOTION TO AMEND: Council Member Glenden ing MOVED to amend by adding a 4th whereas clause that stated, "the Commercial Salmon Season Summary for Upper Cook Inlet commercial salmon harvest by species , 1970 -2017 , with handwritten notes for 2018 define the economic plight and puts a number to the disaster resolution we are requesting; and ," and Council Member Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested . VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion. VOTE ON THE AMENDED MAIN MOTION: There being no objection; SO ORDERED. The gavel was passed back to Mayor Gabriel. 1. Ordinance No. 3041-2018 -Making Housekeeping Amendments to Kenai Municipal Code 16.05.160-0rdinance Levying Assessments, and 16.15.050-Establishment of Amount, After Substantive Changes Were Recently Made to Kenai Municipal Code Title 16-Public Improvement And Special Assessments. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No . 3041-2018 and Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened the publ ic hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Gabriel, Peterkin , Pettey, Navarre, Glendening , Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3042-2018 -Amending Kenai Municipa l Code Section 14.20.151- Application For Conditional Use Permit For Surface Extraction Of Natural Resources, And 14.20.154-lssuance Of Perm it for Surface Extraction of Natural Resources, to Provide Consistency in the Application and Permitting Process. (Administration) MOTION : City of Ke nai Council Meeting October 17, 201 8 Page 4of1 2 Council Member Knackstedt MOVED to enact Ordinance No. 3042-2018 and Council Member Molloy SECONDED the motion . Mayor Gabriel opened the public hearing ; there being no one wishing to be heard, public comment was closed . MOTION TO AMEND: Vice Mayor Navarre MOVED to amend 14.20.151(a)(7)(B) by replacing the word , "or," with the word, "and," after "0 .2% Annual Chance Flood Zone," and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion . VOTE ON THE AMENDMENT: There being no objection ; SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin , Pettey, Navarre , Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3043-2018 -Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) MOTION: Council Member Molloy MOVED to enact Ordinance No. 3043-2018 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. Hilcorp was thanked for the donation. VOTE: YEA: Molloy, Gabriel, Peterkin , Pettey, Navarre, Glendening , Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 4 . Ordinance No. 3044-2018 -Amending Kenai Municipal Code Section 3.05.070-Citation Procedure, Amending and Renaming Kenai Municipal Code Sections 13.10 .015-Minor Offense Amendable to Disposition Without Court Appearance by Payment of a Fine, and 13.30.010-State Traffic Regulations Adopted, and Enacting a New Section of Kenai Municipal Code Section 13.30.015-State Traffic Bail Forfeiture Schedules Adopted by Reference , to Incorporate Additional Minor Offenses into Kenai City Code and Make Housekeeping Changes to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses . (Legal) Ci ty of Kena i Council Meetin g October 17, 2018 Page 5of1 2 MOTION: Council Member Knackstedt MOVED to enact Ordinance No . 3044-2018 and Council Member Molloy SECONDED the motion . Mayor Gabriel opened the public hearing ; there being no one wishing to be heard, public comment was closed . The City Attorney provided a brief summary noting the ordinance incorporated all of the state traffic laws into City code, which would allow the attorney to represent the officer in court, and any fines associated would be routed to the City instead of the state. It was suggested the fine amount for property destruction was too low. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the fine amount for number 6 under off-road vehicle operation from $100 to $300 and Council Member Pettey SECONDED the motion. There was discussion regarding the fine amount and civil action as an option for restitution . The Attorney clarified that amending the fee amounts had not been publicly noticed and if desired , the amounts should be addressed separately. VOTE ON THE AMENDMENT: YEA: Pettey, Glendening, Knackstedt NAY: Gabriel, Peterkin, Molloy, Navarre MOTION FAILED. MOTION TO POSTPONE: Vice Mayor Navarre MOVED to postpone to the 12/5/18 Council Meeting and Counc il Member Glendening SECONDED the motion . UNAN I MOUS CONSENT was requested . VOTE: There being no objections ; SO ORDERED . 5. Resol ution No. 2018-54 -Amending its Comprehensive Schedule of Rates , Charges , and Fees to Incorporate Changes to Fees for Cemetery Gazebo Markers and Memorial Park Markers. (City Clerk) MOTION : Council Member Knackstedt MOVED to adopt Resolution No. 2018-54 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 . City of Kena i Coun cil Meeti ng October 17, 201 8 Page 6of1 2 There being no objections; SO ORDERED . VOTE: 6 . Resolution No. 2018-55 -Approving a Memorandum of Agreement with the Kenai Peninsula Borough to be included in the Federal Emergency Management Agency Assistance to Firefighters Regional Grant Application . (Admin istration) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-55 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 . C larification was provided that the agencies applied together however maintenance of the equipment was the responsibility of the individual agencies . VOTE : There being no objections; SO ORDERED . [Clerk 's Note : Agenda items 0. 7., 0 .8., and 0.9. were considered first under public hearings.] 7. Resolution No. 2018-56 -Authorizing a Six-Month Extension of a Facility Management Agreement for the Kenai Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitor Center. (December 30, 2018 -June 30, 2019). (Administration) 8. Resolution No. 2018-57 -Commending The Kenai Central High School Girls As The Alaska Division Ii State Cross Country Champions For The Year 2018 . (Mayor Gabriel) 9. Resolution No . 2018-58 -Requesting that Governor Bill Walker Declare an Economic Disaster for the Upper Cook Inlet Fisheries Region and Supporting a Recovery Plan. (Counci l Members Molloy and Glendening and Vice Mayor Navarre) 10. Resolutio n No . 2018-59-Opposing Ballot Measure 1, an Act Providing for t he Protection of Wild Salmon and Fish and Wildlife Habitat. (Vice Mayor Navarre and Council Member Pettey) MOTION: Vice Mayor Navarre MOVED to adopt Resolution No. 2018-59 and Counc il Member Peterkin SECONDED the motion. Mayor Gabriel opened the publ ic hearing. Clark Whitney , Jr., spoke in opposi ti on of adoption of the resolution noting the long list of streams in the United States that no longer have salmon runs ; two of which were in Alaska. Duane Cramer spoke against adoption of the resolution suggesting the City continue projects in a way that wouldn 't affect salmon ; pointed out the decline in salmon in Slidecock Creek and encouraged protection of our fish sanctuary. Steve Stunemaker spoke in favor of the City remaining neutral suggesting leaders w ill have input in the future on the regulations. City of Ke nai Co un cil Meeti ng Octob er 17, 2018 Page 7 of 12 Linda Hutchings spoke in favor of adoption of the resolution noting her family had homesteaded in the area and she has watched responsible development over the years with the regulations as they are . She suggested a better way to protect salmon would be to look at warming and illegal salmon fishing by other countries. Matt Schmidt spoke in opposition of ad option of the resolution noting habitat needed to be protected . He pointed out Beaver Creek and Slidecock Creek had king salmon runs in the pas t, as did Cooper Creek , which was de-watered, for a hydroelectric project. He noted he understood the desire to not pay more for the projects than necessary, but suggested doing it in a way that supported salmon habitat. Mike Dye spoke in support of adoption of the resolution noting he was supportive of protecting salmon but through the legislature where laws can be developed and evolve. John Hammilm.an spoke in opposition of adoption of the resolution, encouraging the City to remain neutral and not influence voters. Bob Shavelson spoke in oppos ition of adoption of the resolution suggesting Alaska shouldn't make the same mistakes made elsewhere with protection of fish habitat. Owen Phillips spoke in support of adoption of the resolution noting the City cares about its fish and also cares about land use rights, and projects. He added the lack of a grandfather clause had the poten t ial to stall or shut down economic growth . Laura Rhyner spoke in opposition of the adoption of the resolution questioning if people truly cared about protection of salmon if laws weren 't passed to protect t hem . She encouraged refraining from taking a stance and letting the voters make the decision . Caitlyn Vadla spoke in opposition of the adoption of the resolution noting the current law was old and vague whereas the new law came from sustainable fish policy developed by the Department of Fish & Game. Johna Beech spoke in support of the adoption of the resolution suggesting the ballot measure was harmful due to loss of jobs and the effects on the Liquefied Natural Gas project. Paula Murray spoke in opposition of adoption of the resolution suggesting that deve lopment can happen sustainably and sustainable development is difficult to achieve without standards . Clark Whitney, Jr. spoke again noting the City received economic benefit from salmon and questioned why the City didn 't come out in favor of the ballot measure. There being no one e lse wishing to be heard, public comment was closed. Gratitude was expressed for the testimony. There was discussion about the ballot measure impacting not only the Bluff Erosion Project but the sewer treatment plant, docks that need maintenance , any a irport projects due to wetlands su rrounding it, and road projects due to their filtering to river systems . Concerns were e xpressed regarding what wou ld and wouldn 't happen , the fact that all waters would be deemed anadromous unti l proven otherwise which may or may not be easy to do , and whethe r o r not the ballot measure was in the best interest of salmon . Ci ty of Kenai Council Meeting O ctober 17, 2018 Page 8 of 12 It was pointed out that both residents and businesses benefitted from fisheries as well as oil and gas production. VOTE: YEA: Gabriel , Peterkin, Pettey , Navarre , Glendening, Knackstedt NAY: Molloy MOTION PASSED. E. MINUTES 1. *Regular Meeting of October 4, 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 [Clerk 's Note : This item was removed from the agenda during approval of the agenda.] 3. *Ordinance No. 3045-2018 -Accepting and Appropriating a Grant from the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans ' Affairs for the Purchase of Portable Police and Fire Department Radios and For the Purchase and Installation of Video Surveillance Cameras tor the City's Public Safety Building. (Administration) Introduced by the consent agenda and public hearing set for November 7. 4 . Action/Approval -Mayoral Nominations of Mary Rhyner for Appo intment to the Beautification Committee and Jennifer Dennis for Appointment to the Parks & Recreation Commission. (Mayor Gabriel) MOTION: Council Member Molloy MOVED to appoint Mary Rhyner to the Beautification Committee and Jennifer Dennis to the Parks & Recreation Commission and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion . VOTE: There being no objections ; SO ORDERED. 5. Action/Approval -Authorize a Donation of $500 to the Boys and Girls Club of the Kenai Peninsula for Supplies for the Fall Pumpkin Festival. (Mayor Gabriel) Ci ty of Kenai Council Meeting Octobe r 17, 201 8 Page 9of1 2 MOTION: Council Member Knackstedt MOVED to donate $500 to the Boys and Girls Club of the Kenai Peninsula for Supplies for the Fall Pumpkin Festival and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections ; SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -It was reported there was no quorum at the last meeting; nex t meeting November 8 . 2. Airport Comm ission -It was reported that on October 11 the Comm ission noted enplanements were down and recommended keeping security issues in mind for future grants; next meeting November 8 . 3 . Harbor Commission -It was reported the Commission heard from a member of the public how to provide access to the city dock with a card lock option ; also discussed dredging issues; next meeting November 13. It was further reported the subcommittee was about finished reviewing code and developing report to commission ; next meeting October 23 4 . Parks and Recreation Commission -No report; next meeting November 1. 5. Planning and Zoning Commission -It was reported that at their October 10 meeting the Commission approved a preliminary plat; next meeting October 24. 6. Beautification Committee -It was reported that the committee met October 9 and discussed a rock garden at Leif Hansen Park, plantings and flowers for next year, and the fall pumpkin festival; next meeting January 8 . 7 . Mini-Grant Steering Committee -No report. I. REPORT OF T HE MAYOR Mayor Gabriel reported on the following : • Jointly proclaimed October as Domestic Violence Awareness Month with Mayor Anderson; thanked Vice Mayor Navarre for presenting on his behalf; • Attended the annual Chamber of Commerce Beer & Wine Experience; • Noted he had been appointed by the Governor to a task force that was looking at Cook Inlet fisheries issues that divided user groups; • Attended the Fall Pumpkin Festival and started the pumpk in races . J. ADMI NISTRATION REPORTS 1. City Manager -P. Ostrander reported on the following: • Welcomed Council Member Peterkin ; • The City would be partnering with Soldotna on a salary survey for police officers ; • A property owner in the Bluff Erosion Project had issues with granting easements for the project if the project included trai ls; Ci ty of Kenai Council M eeting Oc tober 17, 2018 Page 10of 12 • Airport Terminal Rehab Project had begun and a quilt donated to the City Counci l in 2001 would be removed -Council may want to consider another location for the quilt; • Recruitment for Human Resources Director to close soon ; • American Red Cross considering opening a local office in the Beacon building ; • Final package for Bluff Erosion Project had not been submitted as expected. 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) Johna Beech thanked Council for approving Resolutions No. 2018-56 & 2018-59. She added that good things were happening in Kenai , commended City staff, and thanked the City for partnering with the Chamber. 2 . Council Comments All welcomed Council Member Peterkin and welcomed back Council Member Molloy. Council Member Knackstedt noted he attended the Chamber's Beer & Wine Experience . Council Member Molloy thanked Council for support of Resolution No. 2018-58 and thanked the voters for voting him on to Council for another term . Council Member Peterkin noted he was honored to be voted in ; looked forward to learning more; was glad to see both sides of an issue debated ending in a service to the community. Council Member Pettey thanked the citizens for written and verbal testimony on Resolution No. 2018-59 . Council Member Glendening noted he attended the Fall Pumpkin Festival and the Chamber's annual Beer and Wine Experience. L. EXECUTIVE SESSION -None . M. PENDING ITEMS 1. Action/App roval -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 9 :42 p .m . City of Kenai Counci l Meetin g Octob er 17, 20 18 Page 11 of 12 I certify the above represents accurate minutes of the Kenai City Council meeting of October 17, 2018. City of Kenai Council Meeting October 17, 2018 Page 12 of 12