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HomeMy WebLinkAbout2019-01-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JANUARY 16, 2019 — 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 January 16, 2019, 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: Robert Molloy Tim Navarre Robert Peterkin "Tristan Summers, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda: Add to item D.1. Resolution No. 2019-01 • Amendment Memo • Public Correspondence Add item D.B. Resolution No. 2019-07 — Amending the Payment Schedule for City Residential Water and Sewer Customers Impacted by the Partial Federal Government Shutdown to Allow for Deferred Payments. • Memo Remove item G.9. Special Use Permit to Alaska Challenger Center for Space Technology, Inc. MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions and moving BA to be heard first under Scheduled Public Comment and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Recognition of Volunteer Services for Joanna Hollier Mayor Gabriel presented Joanna Hollier a plaque in recognition of her twenty-nine years of volunteer services to the Council on Aging. Ms. Hollier was thanked for her selfless volunteerism over the years. Council Members noted they appreciated her and working with her over the years. Ms. Hollier noted she thanked her husband who had died 30 years ago for instilling in her a passion for volunteerism. She noted she liked to work and as long as she could work, she would be there. 5. 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 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 4. Kenai Senior Connection — FY19 Budget Donation. [Clerk's Note: This item was moved to be heard first during approval of the agenda.] Representatives of the Kenai Senior Connection presented a check in the amount of $50,000 to the City to enhance the budget for the Kenai Senior Center. 1. Scott Curtin, City of Kenai Public Works Director —Wastewater Treatment 101. City of Kenai Council Meeting Page 2 of 12 January 16, 2019 Public Works Director, Scott Curtin, provided a facility overview, explanation of process, current challenges, pending projects, and the future direction of the Wastewater Treatment Facility; invited Council Members to take a tour at their convenience. 2. Johna Beech, Kenai Chamber of Commerce and Visitor Center — Third Quarter Report. Johna Beech, President and COO of the Kenai Chamber of Commerce and Visitor Center provided visitor statistics, visitor guide distribution, website statistics, and events from their third quarter; also revealed the cover and highlights of the 2019 Visitor Guide. Maggie Winston and Jodi Stuart — 2019 Project Homeless Connect Update and Coordinated Entry. Maggie Winston and Kelly Bartelmay provided an overview of the Independent Living Center and Continuum of Care; also provided an update on the upcoming Project Homeless Connect event. 4. Kenai Senior Connection — FY19 Budget Donation. [Clerk's Note: This item was moved to be heard first during approval of the agenda.] C. UNSCHEDULED PUBLIC COMMENTS Marian Nelson provided an updated listing of shows at the Kenai Fine Arts Center. She also discussed a possibility for an asbestos check at the Center after asbestos was discovered at the Airport. Charlie Yamada provided an update on the bowling alley opportunity noting their loan to pay off the balloon payment to the City was expected in the coming week with the follow-up loan for the project shortly after that. She added that once the renovation loan came through, the project was expected to take 60-90 days. D. PUBLIC HEARINGS Ordinance No. 3047-2018 — Increasing Estimated Revenues and Appropriations in the General Fund, Public Works Administration Department for the Procurement of Engineering Services to Assess Damage Caused by the November 30, 2018 Southcentral Alaska Earthquake. (Administration) • Substitute Ordinance No. 3047-2018 - Increasing Estimated Revenues and Appropriations in the General Fund, Non -Departmental, Department and the Water & Sewer Fund, Water Department for Payment of a Property Insurance Deductible for Damage to City Facilities Caused by the November 30, 2018 Southcentral Alaska Magnitude 7.0 Earthquake. (Administration) MOTION: Council Member Molloy MOVED to enact Ordinance No. 3047-2018 and Council Member Knackstedt SECONDED the motion. City of Kenai Council Meeting Page 3 of 12 January 16, 2019 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 substitution 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 all facilities were inspected and only the two listed in the ordinance sustained damage. VOTE ON THE MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin, Navarre, Pettey, Knackstedt, Glendening. NAY: "Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2019-01 — Supporting the Biking in Kenai and Soldotna Citizen Group Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds set for a Pedestrian Pathway along Part of Bridge Access Road in the City of Kenai. (Administration) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2019-01 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing. Ben Boettger noted a bike trail had been recommended in Department of Transportation plans from 2000 - 2006 with estimated costs around $858,000; added that with that number the City's match would be approximately $78,000. Mr. Boettger pointed out the path should be considered not only recreational but also as infrastructure for those that choose to not drive or cannot afford a car. He suggested a reflective barrier would bean option if the divided path was cost prohibitive. Sara Pyhala noted she was a runner and biker who frequently used the Unity Trail and the entire loop for longer training options; pointed out that the divided bike trail or running trail could also be used for the annual marathon. She added that divided paths have much less gravel or trash on the trail. Matthew Pyhala thanked the Council for considering the resolution; asked for support. He noted in the section of the road where the path was proposed, it was obvious by the faded lines that traffic floats across the lines. He added the path would create a more direct route for kids to access the library and parks and would be a nice area within City limits for people to bike, run, and recreate. City of Kenai Council Meeting Page 4 of 12 January 16, 2019 Kaitlin Vadla spoke in favor of the resolution noting she recently attended the American Planning Association Conference where a concept that had been discussed at the conference was 8 80 cities, explaining that everything a community did should be great for 8 year olds and 80 year olds so it would be great for all people. She pointed out that quality of life was the best marketing tools for cities for living, moving to, or visiting, and added that the project provided economic competitiveness and cost benefits could be seen if done concurrently with the Department of Transportation construction project. Laura Rhyner noted the grant was a great opportunity to bring in funding with relatively low expense to the City; adding that if Kenai didn't receive the money, another city would, and the project increased capital funding to the City beyond what the City could afford. Elizabeth Roele spoke in favor of the resolution and diversification of outdoor recreation with an opportunity to encourage residents to participate in outdoor recreation that is not only fishing based. She added that bike paths were transportation infrastructure and that bikes provide relief on people's budgets when they are able to ride their bike. There being no one else wishing to be heard, public comment was closed. Clarification was provided that maintenance requirements such as snow removal was not a concern but longer term maintenance such as crack sealing and future replacement was a bigger concern. Topics of discussion included grant match, funding options, loop completion, safety, being multi- use, maintenance, development of fundraising organizations to help offset costs to the City, and quality of life. MOTION TO AMEND: Council Member Molloy MOVED to amend by adding a fifth whereas clause stating the City of Kenai acknowledges availability of the required match of no less than 9.03%, subject to appropriation of funds and Vice Mayor Navarre SECONDED the motion. Clarification was provided that the Department of Transportation did not want to have contingency language in the resolution. The motion was withdrawn with concurrence of the second MOTION TO AMEND: Council Member Molloy MOVED to amend by adding a fifth whereas clause stating the City of Kenai commits to fund the required match of no less than 9.03% of the total project costs and Council Member Knackstedt SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend by adding a second section that stated, "that the City of Kenai hereby assures the Alaska Department of Transportation and Public Facilities that sufficient funding for the local governmental agency's matching contribution for a pedestrian City of Kenai Council Meeting Page 5 of 12 January 16, 2019 pathway along part of Bridge Access Road in the City of Kenai is available." Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend by renaming the current section 2 to section 3 and removing and replacing the period in the fourth whereas clause with semi -colon the word, "and", and a comma, and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin, Navarre, Pettey, Knackstedt, Glendening. NAY: "Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2019-02 — Supporting the Alaska Department of Natural Resources Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds for the Kenai River Flats Facility Improvement Project in the City of Kenai. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-02 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing. Jack Blackwell and Rys Miranda from the State of Alaska Department of Natural Resources noted they managed the Warren Ames pullout and applied for the Alaska Transportation Alternatives Program grant through the State of Alaska Department of Transportation. They noted the project would improve the Day Use Area, parking area, access road, and provide information panels and elevated platforms. They added that they were asking for support, which required no financial commitment to the City as the Department was matching the funds with Exxon Valdez Oil Spill funds. There being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2019-03 — Amending Policy No. 2016-01, Procedures for Commissions, Committees and Council on Aging, to Amend the Meeting Schedule for the Harbor Commission. (City Clerk) MOTION: City of Kenai Council Meeting Page 6 of 12 January 16, 2019 Council Member Molloy MOVED to adopt Resolution No. 2019-03 and requested UNANIMOUS CONSENT. Council Member Peterkin 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. 5. Resolution No. 2019-04 — Supporting the Reappointment of Robert Ruffner to the Alaska Board of Fisheries. (Mayor Gabriel) MOTION: Council Member Peterkin MOVED to adopt Resolution No. 2019-04. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. 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. 6. Resolution No. 2019-05 — Adopting the City of Kenai Capital Improvement Plan Priority List for State Funding Requests for the Fiscal Year 2020. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-05 and Council Member Molloy SECONDED the motion. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted the likelihood of receiving funds was diminished; the resolution represented the City's wishes. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2019-06—Authorizing the Expenditure of up to $1,000,000 in Support of the Pre -Construction Engineering and Design Phase of the Kenai Bluffs Bank Stabilization Project and Authorizing the City Manager to Enter into a Memorandum of Agreement with the U.S. Army Corps of Engineers for the Acceptance of Contributed Funds. (Council Member Knackstedt) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2019-06. Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. City of Kenai Council Meeting Page 7 of 12 January 16, 2019 VOTE: There being no objections, SO ORDERED. 8. Resolution No. 2019-07 — Amending the Payment Schedule for City Residential Water and Sewer Customers Impacted by the Partial Federal Government Shutdown to Allow for Deferred Payments. (Mayor Gabriel) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2019-07 and Council Member Peterkin SECONDED the motion. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted an inquiry had come forth to Administration and this mechanism provided for relief of penalties on water and sewer service for those affected by the partial federal government shutdown; further noted these were extenuating circumstances. Appreciation was expressed for bringing forth the resolution. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of December 19, 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 Exceeding $15,000. (Administration) Approved by the consent agenda. 3. *Action/Approval — Non -Objection to a Liquor License Renewal for The Cannery Lodge, LLC, Don Jose's LLC, and Three Bears Alaska, Inc. (City Clerk) Approved by the consent agenda. 4. *Action/Approval — Non -Objection to a New Marijuana Retail Store for KRC, LLC. (City Clerk) Approved by the consent agenda. City of Kenai Council Meeting Page 8 of 12 January 16, 2019 5. `Ordinance No. 3048-2019 — Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) Introduced by the consent agenda and public hearing set for February 6. 6. "Ordinance No. 3049-2019 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund for Tenant Requested Improvements to the Automated Flight Service Station. (Administration) Introduced by the consent agenda and public hearing set for February 6. 7. Action/Approval — Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) MOTION: Council Member Knackstedt MOVED to approve the Special Use Permit to Schillings Alaska, Inc. for snow storage and requested UNANIMOUS CONSENT. Vice Mayor Navarre SECONDED the motion. Clarification was provided that all Special Use Permits were approved by Council. VOTE: There being no objections, SO ORDERED. 8. Action/Approval — Consenting to Assignment of Lease to Griffin Golf, LLC. (Administration) MOTION: Council Member Molloy MOVED to approve the assignment of lease to Griffin Golf, LLC and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. Action/Approval — Special Use Permit to Alaska Challenger Center for Space Technology Inc. (Administration) [Clerk's Note: This item was removed from the agenda during approval of the agenda.] 10. Action/Approval — First Amendment to Agreement for Guardian Security Systems, Inc. (Administration) MOTION: Council Member Knackstedt MOVED to approve the first amendment to agreement for Guardian Systems, Inc. and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Page 9 of 12 January 16, 2019 11. Discussion — Possible Surface Extraction on City -owned Land Identified as the Southernmost Portion of a 320 -acre Parcel Located off Beaver Loop Road Described as SWI/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SEI/4 Section 3, TSN, R11W, Seward Meridian, Kenai. (Administration) Clarification was provided that this parcel between Beaver Loop Road and the golf course may be able to be used for gravel extraction; Administration sought input on spending $5,000 - $10,000 to drill test holes to determine if the parcel was commercially viable for resource extraction. If it was viable, options for pursuing would be reviewed in the future. It was noted that gravel was important for the City for construction of roads, building foundations, and driveways; further noting that pits in the Beaver Loop area had reached their life expectancy. Council Member Peterkin declared a potential conflict noting he owned two gravel pits. Mayor Gabriel ruled that Council Member Peterkin could participate in discussion as the financial impact of two test holes was not significant enough a conflict. Topics of discussion included the gravel source being a source of revenue for the City, access points, and projects that would benefit. There was support for administration to pursue the test holes. MOTION: Vice Mayor Navarre MOVED to dispense with the Commission and Committee Reports and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. It was noted there were summaries for all meetings in the packet. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging — No report. 2. Airport Commission — No report. 3. Harbor Commission — No report. 4. Parks and Recreation Commission — No report. 5. Planning and Zoning Commission — No report. 6. Beautification Committee — No report. 7. Mini -Grant Steering Committee — No report. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Coached the Kenai team in the Kenai-Soldotna Alumni Hockey Game; it was well attended; City of Kenai Council Meeting Page 10 of 12 January 16, 2019 • Scheduled a Work Session at 5:00 p.m. on February 20 to review the evaluation process for the City Manager, City Attorney, and City Clerk; • Learned the location for the Upper Cook Inlet Finfish Meeting for 2020 was on the Board of Fisheries agenda for reconsideration at the call of the Chair; planned to go up to the meeting and speak with the Board members to honor their commitment; and • Noted appreciation for the turnout this evening. J. ADMINISTRATION REPORTS City Manager — P. Ostrander reported on the following: • Attended the recent Industry Outlook Forum in Homer; • Budget process to begin soon with a public meeting on March 12, looking for input from the public on prioritization and the services that the City provides; • Provided an update on the Airport Renovation Project noting asbestos had been identified, abatement ongoing, and change orders hadn't exceeded contingency; • Provided an update on the Bluff Erosion Project noting the City was working on a request for accelerated funding; still waiting for the Director's Report to be signed. 2. City Attorney — No report. 3. City Clerk — J. Heinz reported upcoming time she would be out of the office; the staffs of the City of Kenai and City of Soldotna had donated enough items to provide 100 Blessing Bags to be handed out during Project Homeless Connect; there had been several requests recently for the Scheduled Public Comment portion of the agenda and she would work with a Council member if there was interest in changing what was allowed. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob Peters asked about the appointments of the Harbor Commission; clarification was provided that Nate Berga was appointed and elections of chair and vice chair would be on the next agenda. 2. Council Comments Student Representative Summers expressed appreciation for opportunity to be working with City Council. Council Member Peterkin thanked those that came and testified. Council Member Glendening noted the fiftieth anniversary of Vintage Point would be in 2021. Council Member Pettey also thanked those that came and testified. L. EXECUTIVE SESSION Discuss Terms Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, Also Known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) a City of Kenai Council Meeting Page 11 of 12 January 16, 2019 Matter of Which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential. MOTION: Council Member Molloy MOVED to enter into executive session to discuss terms regarding the sale of property located at 10639 Kenai Spur Highway, Kenai, AK, also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), which pursuant to AS 44.62.310(c)(1)(3) was a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential and requested the attendance of the City Manager and the City Attorney. Council Member Knackstedt SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Peterkin, Glendening, Pettey, Molloy, Navarre NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted for the record that Council met in executive session and discussed the terms for the Bowling Alley Opportunity and reported Council provided direction to the City Manager going forward. Action/Approval — Provide Direction to City Administration Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity). M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:34 p.m. I certify the above represents accurate 9n10 .n S, \O ~��h NNS• �aNDED 1 City Council meeting of January 16, "The student representative may cast adviso votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Page 12 of 12 January 16, 2019