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Home My WebLink About2022-05-18 Council Minutes1210 'III KENAI CITY COUNCIL — REGULAR MEETING MAY 18, 2022 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI!, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING 0 Immmmmmm"t Teea Winger Glenese Pettey Henry Knackstedt 151 �lii 11175151 M,, �wi,. 1! tames Ba'sden Deborah Sounart Jim Glendening, Vice May] "Silas Thibodeau, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Terry Eubanks, Finance Director Kathy Romain, Senior Services Director Christine Cunningham�, Human Resoor Scott Curtin, Public Works Director Randi BroylesAssistant to City Manager Shiellie Saner, City Clerk Add item, 0.2. �Public Hearing — Ordinance No. 328i7-2022 a Public Comments MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions and requested UNANIMOUS CONSENT. Council Member Baisden SECONDED the motion, VOTE: There being no objection" SO ORDERED. 4. Consent Agenda MOTION. Council Member Knackstedt MOVED to approve the consent agenda, Councill Member Baisden SECONDED the motion. City of Kenai Council Meeting Page I of 12 May 18, 2022 Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. de *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 re,quests, 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. Mark Griffin:, operator of the Kenai Golf Course provided an update on operations at the golf course; reported on a Jr. Golf Clinic and getting youth invoand noted some structures that were, needing repairs and maintenance. Ordinance No. 3286-2022 — Increasing Estimated Revenues and Appropriations in the General Fund — Police Department and Accepting a Grant from the US Department of Transportation Passed Through the State of A�aska Department of Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures. (Admini�strationi) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3286-2022. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the! floor for public comment. There being no one wishinig to be heard, the public comment period was Closed, YEA: Sounart, Pettey, Winger, Knackstedt, Gabriel, Glendening, Baisden NAY: None "Student Representative Thibodeau: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3287-2022 — Conditionally Donating Certain City Owned Property Described as Tract A Park View Subdivision (KPB Parcel No. 047010118) to the Boys and Girls Club of the Kenai Peninsula for Development of Facilities for Youth Sports, Recreation, Education, After School Care and Other Youth Activities, (Mayor Gabriel and Council Member Baisden) MOTION: Council Member Baisden MOVED to enact Ordinance No. 3287-2022. Council Member Pettey SECONDED the motion. Ryan Tunseth addressed the Council in support of Ordinance 3287-2022; he identified a large donation from Royce Roberts and the possibility of purchasing the Kenai Community Care Center facility; he noted City of Kenai Council Meeting Page 2 of 12 May 18,, 2022 the passion of the Boys and Girls Club to serve the children of our community and the timeliness of th�is purchase,, There was conversation regarding what would occur if the ordinance were postponed two weeks. Linda H'utching, treasurer of the Kenai Community Care Center spoke in support of Ordinance 3287- 2022; provided a history of the Kenai Community Care Center; the services provided by the care center; the reasons for selling the faciility; and noted there were three parties interested in puirchasing the facility. There was discuss,io;n regarding the, Boys and' Girls Club not being able to make any plans or take any actions unti'l the ordinance is approved. April Orth addressed the Council noting she had heard of other subdivision options for the parcel; requested documentations be available regarding disposal of City own lands: she stated' her support for I the Boys and Gi�irls club; however, noted'conicerns with the proposed location being off the beaten track. Kyle Koirnelis address the Counci] stating that there would be a lot of positive comments regarding the Boys and Giirls Club; however, he wanted'to address the conceptual process, He noted that it would be difficult to say what portions of the proposed parcel would be needed at this time; referenced the revert 0 r COP Sam ;WWAN donation,- however, the importance of allowing the Planning and Zoning Commission to make their recommendation. Ashton Reinke addressed the Council stating that the teen center was not a day care; he noted his appreciation for all the Boys and Girls Club do, and how much more they will be able to do with the new facility. Christen Lee addressed the Council in support of the ordinance; he stated the Boys and Girls Club was not just a place to go, it was also presented youth with a place to belong and makes a difference in the mental health of the youth. Erin Dolifka addressed the Council in support of the ordinance and the economic benefits to the City if the facility were located in within the City limits. Shanette Wik addressed the Council in support of the ordinance;, noting they have outgrown the current facility; and clarified that when Aurora Charter School was in session they also loss the use of the gym. Caroll Si�inenko addressed the Council in support of the ordinance; noting the, Boys and Girls Club also offered an opportunity for professionals who love to work with kids; and! the expansion; would offer imore job opportunities. Doug Heiman addressed the Council in support of the ordinance and offered insight from the success of the club located at Tustumena Elementary; hie reported that the trends for membership are above pre- pandernic levels, Tim Navarre addressed the Council in support of the ordinance; referenced, the City slogan and stated that the Boys and Girls Club is the future. Chris Huf addressed the Council in support of the ordinance; noted that a donating onily a portion of the parcel would require platting; stated it was in the best interest of the City to support the facility; and the facility did not meet the needs of the Boys and Girls Club without the land donation. Alex Douthi't, City of Kenai Planning Commissioner stated that when the Ordinance was in front of the commission for recommendation the additional information provided to the: City Council was not provided to the commission. Malcom McBride said he supported the Boys and Girls Club; noted the City had supported them heavily in the past 25 to 30 years; noted there was a lot of pressure to approve the ordinance; and stated the area was not accessible in the month of July. Jeff Twalt, City of Kenai Planning Commissioner stated that he did recuse himself during the Planning and Zoning Commission meeting; he noted it was a win,/win for the City to donate the land, then carve out what sections were needed for the Boys and Girls Club and the, other portions could be used for housing. There being no one else wishing to be heard, the public comment period was closed. [Clerk's Note.- Council Member Pettey declared a possible conflict with Ordinance 328,7-2022 as she is a Board Member on the Kenai Community Care Center Board. Mayor Gabriel ruled Council Member Pettey had no conflict of interest.] There was discussion regarding the importance of the success of the Boys and Girls Club; if donated the, Boys and Girls Club would be responsible for surveying the land; the role of the Planning and Zoning Commission being advisory; and the generous donation from Royce Roberts. City of Kenai Council Meeting Page 4 of 12 May 18, 2022 Concerns were stated regarding to donating a piece of land without knowing the value; the effects of delaying the Boys and Girls Club facility purchase for two -weeks; and the importance of process and waiting for a recommendation from the Planning and Zoning Commission. UNANIMOUS CONSENT was req;uested on the motion to amend. VOTE: There being no objeon; SO ORDERED. IT01111150U, Vice Mayor Glendening MOVED to postpone Ordinance No. 3287-2022 to the June 1, 2022 City Council Meeting, Council Member Winger SECONDED the motion. There was discussion related to the process placing an item before the Planning and Zoning Commission for recommendation to the Council; and actions by the Council without the recommendation. VOTE ON THE MOTION TO POSTPONE: YEA: Winger, Glendening, Sounart NAY: Pettey, Knackstedit, Gabriel, Baisden "Student Representative Thiibodeau: NAY MOTION TO POSTPONE FAILD. MOTION: -,,WrTrf11Wb-M UIP1 d �141!911Q IM'dFlI[Pt UL We [,Tf9T,=, 211=7MIMIlly dill &U111fly U01111111bblUll HIMINY. UQUflull Member Winger SECONDED the motion. There was discussion regarding possible litigation slowing the process down if Council took action prioi to receiving a recommendation from the Planning and Zoning Commission. YEA: Winger, Glendening, Sounart NAY- Knacksted,t, Gabrie,l, Baisden, Pettey "Student Representative Thlbodeau: NAY MOTION TO RE-REFEIR FAILED - [Clerks' Note,i Legal advice was provided to Council regarding receiving an recommendation from the Planning and Zoning Commissionj �00:: 1�:, Council Member Baisden MOVED to reconsider the motion to postpone. Council Member Winger SECONDED the motioni. YEAGabriel, Ba,isden, Glend�eniing, Sounart, Winger NAY: Knackstedt, Pettey "Student Representative Thibodeau: NAY MOTION TO RECONSIDER PASSED. City of Kenai Council Meeting Page 5 of 12 May 18, 2022 YEA: Gabriel, Baisclen, Glendeniing, Sounart, Winger NAY: Pettey, Knackstedt "Student Representative Thib,odeaui: NAY MOTION TO POSTPONE PASSED. 3. Ordinance No. 3288-2022 — Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. (City Clerk) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3288-2022. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that this would allow the City to accept the reimbursable funds for the Deputy Clerk to attend the Northwest Clerks Institute. VOTE: YEA: Winger, Knackstedt, Gabriel, Glendening, Baisden, Sounart, Pettey NAY: None "Student Representative Thibodeaui: YEA MOTION PASSED. 4. Resolution No. 2022-29 — Authorizing an Agreement for Professional Engineering Services to Provide Construction Documents for the Waste Water Treatment Plant Digestor Blower Replacement Project. (Adlminiistrationi) MOTION: Council Member Kniackstedt MOVED to adopt Resolution No, 2022-29, Vice Mayor Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being ino one wishing to be heard, the public comment period was closed. It was reported that the current Digestor Blowers were well beyond their useful life. UNANIMOUS, CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2022-30 — Authorizing A Budget Transfer in the General Fund, Nion- Departmental, Department to Provide Supplemental Funding to the Communications Tower Condition Assessment and Capacity Study Project. (Administration) MOTION: Council Member Kniackstedt MOVED to adopt Resolution: No. 20,22-30. Council Member Balsden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed, It was reported that this project was included in the budget; when the original request for quotes went out, none were received; when asked contractors indicated the City's estimate was insufficient. City of Kenai Council Meeting Page 6 of 12 May 18, 2022 UNANIMOUS CONSENT was requested!. VOTE: There being no objection; SO ORDERED 2. Resolution No. 2�022-31 — Authorizing an Agreement for Professional EngineennMkt Services to Conduct a Rate Study for the Water, Sewer Wastewater Utility - (Administration) MOTION: Council Member Knackstedlt MOVED to adopt Resolution No, 2022-31. Council Member Winger SECONDED the motion,, Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requi,ested, VOTE: There being no objection-, SO ORD, RED. T. Resolution No. 2022-i32 — Amending the Employee Classification Plan by Reclassifying the Public Works Wastewater Treatment Plant Foreman and the Water and Sewer Foreman Positions Under the Foreman Classification and Adjusting the Range for this Class. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution Pilo. 2022-32. Council Member Winger SECONDED the motion, ffiayor Gabriel opened the floor for pubomment. There being no one, wishing to be heard, the publ�u comment period was closed, UNANIMOUS CONSENT was requested, VOTE: There being no objection; SO ORDERED. 8. Resolution No. 2022-33 — Approving the Vacation of a 60' Wide Right of Way and Associated Utility Easements in Jaynes Subdivision,, Big Mike's Addition, as Granted by Plat K-2015-99, and Bridge Road Subdivision 2019i Replat as Granted by Plat K-2020-15, Located Within, Section 4, Township 5 North, Range 11 West, Seward Meridian, Alaska, and Determ,in:ing the Right of Way and Utility Easements are Not Needed for a Public Purpose. (Administration) MOTION: Councill Member Knackstedt MOVED to adopt Resolution, No. 2022-,33. Council Member Glendening SECONDED, the motion. Mayor Gabriel opened the floor for public comment There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested, VOTE: There being no objection; SO ORDERED. 9. Resolution No. 2022-34 — Adopting the Updated 2022 Kenai Peninsula Community Wildfire Protection Plan, (Administration) City of Kenai Council Meeting iWage 7 of 12 May 18,, 2022 Council Member Knackstedt MOVED to adopt Resolution No. 2022-34. Council Member Glenidening SECONDED the motion. Mayor Gabriliel opened the floor for public comment, There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the importance of addressing willdfire mitigation and the benefits of a slash disposal site. UNANIMOUS CONSENT was requested, VOTE: There being no objection; SO ORDERED. 10. Resolution No. 2022-35 — Authorizing a Budget Transfer in the Airport Fund, Administration Department for the Payment of Concession Relief Payments to T,ermina'i Concessionaires from Grant Funds Received through the Coronlaviruls Response and Ref Supplemental Appropriation, Act, 20,21 . (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution, No. 2022-35. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the funds being meant for the Airport; the appropriation was needed; and would be dispensed based on contributions. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 11. Resolution No. 2022-36 — Authorizing a Budget Transfer in the General Fund, Shop Department for Costs in Excess of Budgeted Amounts. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-36. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested, VOTE: There being no objection; SO, ORDERED. E. MINUTES F. UNFINISHED BUSINESS — None. G. NEW BUSINESS ' ellvmi W9301111.1f.1 1 1112. 2. *Action/Approval — Purchase Orders Over $15,000. (Adminiistrati-� City of Kenai Council Meeting Page! 8 of 12 May 18, 2022 1 3. *Action/ Approval — Noni-Objection to Liquor License Renewals for Kenai Elks Lodge #2�425, (City Clerk) EIM, 4. *Ordinance No. 3289-2022 — Adopting the Annual Budget, Salary Schedule and Employee Classification Plan for the Fiscal Year Commencing July 1, 2022 and Ending June 30, 2023 and Committing $3,986,107 of General Fund, Fund Balance for Future Capital Improvements. (Administration) 5. *Ordinance No. 3290-2Oi22 —Authorizing the Return of Funds Remaining from Completed or Canceled Capital Projects to the General, Airport Special Revenue; and Water and Sewer Special Revenue Funds. (Admilnistration) g lffffloow. - .1 � 231111111 i 6. *Ordinance No. 3291-2�022 — Acceptingand Appropriating Private Donations to the Kenai Community Library for the Purchase of Programming Equipment and, Library Materials, (Administration) 101TRIPT! 1110111101IF111 il�ililillil R �4 8. *Ordinance No. 3293-2022 — Amending the Appendices to the Kenai Municipal Code to Delete Cemetery Regulations, Amendpal Cerneteryto Include Certain Portions of the Appended Cemetery Regulations and Make Other Housekeeping Changes and Adopting a Kenai Municipal Cemetery Regulations Policy. (City Clerk) 9. Action/Approval — Special Use Permit to Pacific Star Seafoods, Inic. for 15i,000 square feet of Apron for Aircraft Parking & Loading from June 1, 2022-July 31, 2iO22 (Administration) MOTION: Counici�ll Member Knackst�edt MOVED to; approve the Special Use Permit to Pacific Star Seafoods, Inc. i Councill Member Glendening SECONDED the! motion. I Plillill � P I a I I I UNANIMOUS CONSENT was requested. VOTE: There being no, objectioni; SO ORDiERED, 10. Action/Approval — Second Amendment to Agreement for Janitorial Services, with Reborn Again Janitorial Services. (Administration) City of Kenai Council Meeting Page 9o(12 May 18, 2022 Council Member Knackstedt MOVED to approve the second amendment to the Reborn Again Janitorial Service Agreement. Cog SECONDED the motion, on Aging and Mini Grant Steering Committee, MOTION: Council Member IKnackstedt MOVED to confirm the Mayoral Nominees for Appointment. Council Member G�Iendenling SECONDED the motion. NI all�IKIOI",,Til,iyil&-Il.IL*lklI I & "I I � ;j A am rial N§1033�M NUB= 111111FIRIIIII , I I I I qp Pro 511i 1111111131 !�g! -TIr Newiff PTOUII�1�6 I I WOTIMIAr-worm Council Member Sounart reported on the May 10, 2022 Work Session; next meeting May 19, 2022 — SpeciaIl meeting).. =M • Alaska Bycatch Review Task Force meeting-, and an upcoming subcommittee meeting, • Participated with the! third -grade field trip for the Johnson Lake fish release. • Reminded everyone to keep an eye on the State of Alaska, House budget. J. ANiUAISTRATION REPORTS 1. City Manager — City Manager Ostrander reported on the followinig City of Kenai Council Meeting Pagie 10 of 12 May 18, 2022 • Thanked the Council for approving Resolution 2022-34,; provided an updated iregarding additional funding for spruce bark beetle mitigation and possible required matching funds, • Meeting with Senator Sullivan to discuss the Bluff Erosion project and funding sources if the project is removed from the State budget. • Continued work on the NFIP Program and the needed amendments to code. 2. City Attorney — City Attorney Bloom — No report. I City Clerk — City Clerk Saner reported on the following: Clarified that there was no previous action of the Counciil to establish a sunset date for remote meeting participation. K. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) Marion Nelson reported the board had selected officers and provided an update regarding the next show. 2. Council Comments Council Member Petty thanked everyone who commented on behalf of the Boys and Girls Club, and the people who volunteered to serve on commissions. She reported on her meetings with Senator Sullivan and their conversation regarding rank choice voting, Student Representative Thibodeau that it was the last day of school; his participating playingi in the, band during the graduation ceremony; and provided a sports update. Council Member Sounart thanked everyone who commented on behalf of the Boys and Girls Club; noted she was also able to meet with Senator Sullivan. Vice Mayor Glendening stated it was good to be home and that he was looking forward to the Employee Appreciation Event. Council Member Winger thanked everyone who had participated in the meeting; noted her appreciation for the, budget process and the budget work session; congratulated all of the graduates. Council Member Balsden congratulated the Kenai Central High School Class of 202,2. Mayor Gabriel reminded everyone about the upcoming Memorial events in our community. L. EXECUTIVE SESSION — None. M. PENDING IT IS — None. N. ADJOURNMENT 0. INFORMATIONAL ITEMS 1, Purchase Orders Between $2,500 and $15,000. There being no further business before the Council, the meeting was adjourned at 1059 p.m, I certify the abpverepresents accurate minutes of the Kenai City Council meeting of May 18, 2022. City of Kenai Council Meeting Page 11 of 12 May 18, 2022 an= ** The student representative may cast advisory votes on a/I 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 Councill Meebng Page 12 of 12 May 18, 2022