Loading...
HomeMy WebLinkAbout2019-03-20 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING MARCH 20, 2019-6:00 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 March 20, 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 **Student Representative Tristan Summers Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3 . Agenda Approval Mayor Gabriel noted the following revisions to the packet: Add to item K.2. Council Comments MOTION: Council Member Molloy MOVED to approve the agenda w ith the requested revisions to the packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. There was objection to unanimous consent. Council Member Molloy noted the information was provided to aid the comments he would make during Council Comments. MOTION TO AMEND: Council Member Glendening MOVED to amend to remove the additions to the packet and Vice Mayor Navarre SECONDED the motion . It was suggested it wasn 't appropriate for documents to be incorporated into the laydown due to the potential for the Commission the associated legislation was referred to , to be influenced. It was reiterated the documents were intended as a reference for verbal comments. Both the main motion and amendment motions were withdrawn with approval of those that seconded the motions. MOTIO N : Vice Mayor Navarre MOVED to approve the agenda. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 4. ConsentAgenda MOTION : Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Navarre SECONDED the motion . Mayor Gabriel opened for publ ic 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 1. Craig Thomsen -Cleanup of Valhalla Heights Subdivision City Manager Ostrander provided an overview of Mr. Thomsen's concerns and expla ined Administration was able to alleviate those concerns noting the Planning department had been working on code enforcement issues in the area . Efforts specifically included towing two vehicles , dumpsters for the residents to use , and bringing a boarding house into compliance. He added that the snow needed to melt for additional code enforcement efforts to take place and the residents asked for barricades to block streets of an undeveloped .subdivision which was bringing crime to the area. Ci ty of Kenai Council Meeting March 20, 2 019 Pag e 2 of 9 C. UNSCHEDULED PUBLIC COMMENTS Mark Griffin thanked the City, on behalf of the Morgan 's and the Griffin 's, for the trust in managing the golf course over the last 30 years . He noted that with the help of Adm in istration, they were going to be able to replace Dick Morgan Bridge on the golf course , which was the largest capital improvement project at the golf course; planning a ceremony for mid-August. He added that a future project is to light the golf course for night use . Ryan Tunseth noted the Lieutenant Governor signed into law, regulations for an onsite consumption endorsement, which would be applied to retail stores and , even though he didn't intend on applying for one, he suggested that it should be allowed in the City. He added that the regulations were well crafted and limits consumption quite a bit, regulates requirements for the area to be used for consumption , and provides an answer for areas with visitors that need a safe place for consumption . D. PUBLIC HEARINGS 1. Ordinance No. 3053-2019 -Increasing Estimated Revenues and Appropriations in the General Fund for the Donation of a Bush Doctor's Historic Cabin from Doctor Peter Hansen and Kenai Community Foundation and Supporting the Placement of the Cabin Adjacent to the Kenai Visitor Center. (Council Members Molloy and Pettey) MOTION: Council Member Molloy MOVED to enact Ordinance No . 3053-2019 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing . Doctor Peter Hansen noted he had several pieces of outdated equipment which either needed a good use or trashed; thought a museum of a Bush Doctor's Cabin was a good opportunity to do something for the community. He provided an overview of how being a bush doctor worked, with patients coming by regularly through the week. He clarified the goal is to have a receptionist and typewriter at the door with surgical/delivery table, lab, and radiology area all included in the cabin. He added he had been working with medical curators on a national level and hoped that it would become a museum to be used to educate and intrigue people about medicine practice in the past. There being no one else wishing to be heard, the public hearing was closed. Council Members Knackstedt and Peterkin declared that they were members of board of the Kenai Community Foundation which was a non-profit entity and for which they received no payment. Mayor Gabriel ruled they did not have a conflict and could participate. Doctor Hanson and his wife were thanked for their generous donation and involvement in the City. The tremendous amount of work that went into co nstructing the cabin and accumulating the equipment was recognized. VOTE: YEA: Knackstedt, Gabriel , Glend e ning , Pettey, Molloy, Peterkin , Navarre NAY: City of Kenai Counci l Meeting Page 3 of 9 March 20, 2019 **Student Representative Summers : YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3054-2019 -Accepting Drug Seizure Funds Forfeited to the City in the Amount of $2 , 153.52 and Appropriating those Funds into the Police Professional Services Account in the Furtherance of Criminal Investigations . (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3054-2019 and Council Member Peterkin SECONDED the motion . Mayor Gabriel opened the public hearing; there being no one wishing to be heard , public hearing was closed . VOTE: YEA: Knackstedt, Gabriel, Glendening, Pettey , Molloy, Peterkin , Navarre NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3055-2019 -Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. (City Clerk) MOTION: Council Member Molloy MOVED to enact Ordinance No. 3055-2019 and Council Member Knackstedt SECONDED the motion . Mayor Gabriel opened the public hearing; t here being no one wishing to be heard , public hearing was closed. The Clerk was thanked for applying for the scholarship and appreciation was expressed for the funds. VOTE: YEA: Knackstedt, Gabriel , Glendening , Pettey, Molloy, Peterkin , Navarre NAY: **St udent Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2019-15-Amending its Comprehensive Schedule of Rates , Cha rges, and Fees to Amend the Fee for Mobile Food Vendor Licenses . (City Clerk) MOTION: City of Kenai Coun cil Meeting March 20, 20 19 Page 4 of 9 Council Member Molloy MOVED to adopt Resolution No. 2019-1 5 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 hearing was closed . VOTE: There being no objections , SO ORDERED. 5. Resolution No. 2019-16 -Approving the Purchase of Ten Portable Radios and Accessories for the Police and Fire Departments under a Sole Source Purchase from Motorola Solutions using NASPO ValuePoint Contract Pricing for the Total Price of $55,401.16 . (Administration) MOTION: Vice Mayor Navarre MOVED to adopt Resolution No . 2019-16 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 hearing was closed. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2019-17 -In Support of Modifying SB 57 and HB 59 to Restore Local Municipalities Authority to Tax Oil and Gas Property Ta xable Under AS 43.56 to a Maximum of 15 Mils. (Council Member Peterkin and Mayor Gabriel) MOTION : Council Member Peterkin MOVED to adopt Resolution No . 2019-17 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing ; there being no one wishing to be heard , public hearing was closed. It was suggested the City be careful with what it's agreeing to when full impacts are unknown ; added the City should have the ability to collect what the statute indicated . Clarification was provided that the City has been fair in charging the same property ta x on oil and gas property as it does on other property; noted the City should take a stance. It was also noted municipalities should maintain a strong voice for what the state constitution mandates. The sponsors were thanked for putting forth the resolution ; po inted out that when something negatively affects the City, the City should come out against it. It was also noted the legislation shifted the burden to the municipalities which would have to make up the difference somewhere. It was noted the City was trying to be fair ; the City provided infrastructure to support the properties and the property ta xe s allowed the City to provide the infrastructure to them . It was suggested everyone sign the resolution ; there was no objection. City of Kenai Counc il Meeting Marc h 20, 2019 Page 5 of 9 VOTE: YEA: Knackstedt, Gabriel , Glendening , Pettey, Molloy, Peterkin, Navarre NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 7. Resolution No. 2019-18-Opposing SB 63 and HB 65 Repealing Fisheries Business Tax Refunds to Municipalities and Revenue Sharing for Fishery Resource Landing Taxes. (Council Member Peterkin and Mayor Gabriel) MOTION: Council Member Peterkin MOVED to adopt Resolution No. 2019-18 and Council Member Knackstedt SECONDED the motion . UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard , public hearing was closed . The sponsors were thanked for bringing forth the resolution . It was noted our area was a top fifty destination for fishing and also accommodated commercial fishing operations ; the City provided infrastructure to support the fishing and the tax supported that infrastructure . It was suggested everyone sign the resolution; there was no objection . VOTE: There being no objections , SO ORDERED. E. MINUTES 1.*Regular Meeting of March 6, 2019 Approved by the consent agenda. F. UNFINISHED BUSINESS -None. G . NEW BUSINESS 1. *Action/Approval -Bills to be Ratified .(Admin istration) Approved by the consent agenda . 2. *Action/Approval -Purchase Orders Exc eed ing $15 ,000. (Administration) Approved by the consent agenda . 3 . *Ordinance No. 3057-2019-Accepting and Appropriati ng a Grant from the State of Alaska Department of Public Safety for Crime Prevention and Response and Equ ipment for the Purchase of Portable Radios and Accessories for the Police City of Kenai Council Meeting March 20, 2019 Page 6 of 9 Department, and to Purchase Supplies in Support of the D.A.R.E Programs Conducted by the Police Department in Local Elementary Schools. (Administration) Introduced by the consent agenda and public hearing set for April 3. 4 . *Ordinance No. 3058-2019-Amending Provisions in Kenai Municipal Code Title 7 -Finance, Taxation, and Business Affairs of the City, including Investment of Monies-Scope and Objectives 7.22.010; Land Sale Permanent Funds-General Fund Land Sale Permanent Fund 7.30.005; Investments 7.30.020; Investments 7.30 .020 ; Investments 7.30 .020; and Investments 7.30.020 for Updates to Management Practices for the City 's General Land Sale and Airport Land Sale Permanent Funds . (Administration) Introduced by the consent agenda and public hearing set for April 3. 5. Action/Approval -Special Use Permit to State of Alaska Division of Natural Resources-Forestry. (Administration) MOTION: Council Member Molloy MOVED to approve the special use permit to the State of Alaska Division of Natural Resources -Forestry and Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 6. Discussion -Onsite Marijuana Consumption . (Administration) It was noted the regulations allowing onsite marijuana consumption had been signed in to law and administration was seeking direction on a path forward . Statistics were provided on police activity related to marijuana and the options of no action , opting out, and enacting more restrictive regulations were discussed. State requirements for allowing onsite consumption were also discussed. It was decided the attorney would draft regulations which would be introduced by City Council and referred to the Planning & Zoning Commission with a timeframe and instructions for making a recommendation on adoption. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -The upcoming March for Meals Auction was noted ; next meeting April 11. 2. Airport Commission -It was reported that at their March 14 meeting the Comm iss ion recommended approval of the Special Use Permit for the Division of Natural Resources -Forestry and heard an update on the term inal rehabil itation project; next meeting April 11 . City o f K enai Council Meetin g Ma rc h 20, 201 9 Page 7 of 9 3 . Harbor Commission -It was reported that at their March 11 meeting the Commission elected Chair and Vice Chair, discussed wakes and speeds, and also discussed Title 11 recommendations ; next meeting April 8. 4. Parks and Recreation Commission -No report; next meeting April 4. 5. Planning and Zoning Commission -It was reported that at their March 13 meeting the Commission approved an encroachment permit and a Conditional Use Permit for a Guide Service; next meeting March 27. 6. Beautification Committee -No report; next meeting April 9. 7 . Mini-Grant Steering Committee -No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following : • Attended the recent Election Stakeholders Meeting ; • Attended Administration's budget presentation; • Thanked Council Members for supporting Resolutions No. 2019-17 & 2019-18; • Noted he would be traveling with the City Manager to Juneau to discuss the state budget and associated legislation; added the resolutions would help. J. ADMINISTRATION REPORTS 1. City Manager -P. Ostrander reported on the following : • Continuing to work on the City's budget; looking very closely at efficiencies and structure ; • The Request for Proposals (RFP) for management of the V isitor Center was issued March 1; facility management and tourism marketing were the two parts in the RFP ; • Met with Kenai Native Association regarding Wildwood Drive ownership; resolut ion needed in order to deal with capital improvements to the road ; • Some capital money might be available from the state; submitted three projects ; • Finance Director would testify on the shared fish ta x legislation. 2. City Attorney-No Report. 3. City Clerk -No Report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes p er speaker) 2. Counci l Comme nts Council Member Pettey noted upcoming meetings regarding the state budget, tha nked the Hansen 's for their work for the Bush Doctor's Cabin , and asked everyone to attend the March for Meals event. C ity of Kenai Council Meeting M arch 20 , 2019 Page 8 of 9 Council Member Glendening expressed appreciation that commissions were taking an interest in engaging the community; property appraisals increased recently and mean more tax revenue. Council Member Peterkin noted a poll the Harbor Commission was working on ; also noted he was working with the attorney on drafting two resolutions , one for supporting Wildwood Correctional Facility and one to ask the state to implement a fee for the dipnet permit and the revenues to be passed to the communities where dipnet took place. He also asked for more information about what revenue marijuana has brought. Student Representative Summers noted the girls' high school basketball team was going to state championships for the first time in 18 years. Council Member Molloy noted he wouldn 't be able to attend the budget meetings locally , but was pleased residents have a voice to the state legislature . He also provided a history of amendments regarding the RR1 zone to get word out about the ordinance currently in circulation. Council Member Knackstedt noted he went to the budget meeting hosted by City administration . Vice Mayor Navarre asked everyone to attend the town hall meetin gs and March for Meals event. L. EXECUTIVE SESSION -None . M. PENDING ITEMS 1. Ordinance No. 3056-2019 -Amending Kenai Municipal Code 14.22.010-Land Use Table, to Allow Business/ Consumer Services and Taxidermy/Gunsmithing in RR1 Zoning District by Conditional Use Permit and Removing the Location Restriction on Professional Offices Allowed by Conditional Use Permit With in the RR1 Zone. (Council Members Peterkin and Glendening) [Clerk 's Note: This item was Referred to the Planning & Zoning Commission for a Recommendation at their March 27, 2019 Meeting and a Public Hearing Scheduled before the City Council on April 3, 2019.) N. ADJOURNMENT There being no further business before the Council , the meeting was adjourned at 8:40 p.m . City of Kenai Council Meeting March 20, 2019 Pag e 9 of 9