HomeMy WebLinkAbout2018-10-03 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING
OCTOBER 3, 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 October 3, 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
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Robert Molloy
Tim Navarre
Mike Boyle
Mayor Gabriel noted the following additions to the packet:
Add to item L.1. Executive Session Regarding Bowling Alley Property
• Deed of Trust
• Statutory Warranty Deed
MOTION:
Council Member Molloy MOVED to approve the agenda with noted additions 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 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. Tim Dillon, Kenai Peninsula Economic Development District -Update on
Activities of Kenai Peninsula Economic Development District.
Tim Dillon of the Kenai Peninsula Economic Development District (KPEDD) provided an update
on the recent activities of KPEDD noting their goals, current projects , reports they produce, their
micro-loan program, and workforce development.
C. UNSCHEDULED PUBLIC COMMENTS
Charlie Yamada provided an update on their process to get the bowling alley back up and running
noting the difficulties finding financing due to the specialized business ; looked to be a good
business to serve the community
Teea Winger expressed gratitude for the opportunity to run for City Council and also spoke in
support of the bowling alley noting the bowling community paid approximately $2 ,500 annually for
membership fees alone and that didn 't include food , beverage, or usage fees .
Jeannie Carter spoke in support of the bowling alley noting it was nice to know there would be
another opportunity in the area for couples to go to together; also noted she remembered her
parents bowling and was hopeful for an opportunity for her own two kids to bowl.
Raeellen Kurzendoerfer spoke in support of the bowling alley and encouraged its reopening
noting her four older children took advantage of bowling opportunities in the past and her younger
kids were ex cited to begin bowling .
Jeannie Carter spoke in support of holiday decorations being displayed as far as the flags are
d isplayed and not stop at the Visitor Center.
D. PUBLIC HEARINGS -None.
E . MINUTES
City of Kenai Council Meeting
October 3, 20 18
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1. *Regular Meeting of September 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 Over $15,000
Approved by the consent agenda.
3. *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)
Introduced by the consent agenda and public hearing set for October 17.
4 . *Ordinance No. 3042-2018 -Amending Kenai Municipal 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)
Introduced by the consent agenda and public hearing set for October 17.
5. *Ordinance No. 3043-2018 -Accepting and Appropriating a Donation from Hilcorp
Energy Company to Assist with the Annual Kenai Senior Center Than ksg iving Din ner.
(Administration)
Introduced by the consent agenda and public hearing set for October 17 .
6. *Ordinance No. 3044-2018 -Amending Kenai Municipal Code Se ct ion 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 .3 0.010-State Traffic Regulations Adopted , and Enacting
a New Section of Kenai Municipal Code Section 13.30.015-State Traffic Bail
Forfeiture Schedules Adopted by Refere nce, 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 .
(Administrat ion)
Introduced by the consent agenda and public hearing set for October 17 .
7. Discussion -Review of State and City Smoking Laws. (City Attorney)
City of Kenai Council Meeting
October 3, 2018
Page 3 of 6
City Attorney, Scott Bloom, provided an overview of the City's current smoking laws, the newly
effective State of Alaska smoking laws, made suggestions to bring the City cu rrent with the new
law, and offered insight on how the City could opt out of the state laws .
There was discussion about the disparity between a marijuana establishment's ability to allow
smoking if provided for by the Marijuana Control Boa rd but not private clubs that served alcohol ,
where the fine income went, the need for education, the disappointment that the legislation
wasn 't put before the voters from the state level , and the process involved for the City to opt out.
H. COM MISSIO N/COMMITTEE REPORTS
1. Council on Aging -No report; next meeting October 11 .
2. Airport Commission -No report; next meeting October 11 .
3. Harbor Commission -No report; next meeting October 8 .
4. Parks and Recreation Commission -No report; next meeting October 4.
5. P lanning and Zoning Commission -It was reported that at their September 26 meeting
the commission approved two plats ; next meeting October 10.
6 . Beautification Committee -No report ; next meeting on October 9 .
7. Mini-Grant Steering Committee -No report.
I. REPORT O F THE MAYOR
Mayor Gabriel reported on t he following:
• Offered welcome comments at the recent firefighter conference; also attended
their awards banquet;
• Attended the Harvest Art Auction fund raiser for the Kenai Fine Arts Guild ;
• Started the Kenai River Marathon ;
• Thanked Council Member Boyle for his service on City Council;
• Congratulated Bob Molloy and Robert Peterkin on their successful elections; and
• Thanked Teea Winger for her willingness to run for City Council .
J. ADM INISTRATIO N REPORTS
1. City Manager -P. Ostrander reported on the following :
• Sent out 500 surveys soliciting economic development responses;
• Participated in Trashersize noting it created an environment to communicate with
residents ;
• The new procurement procedures were utilized with the annual purchase of
compu ters ;
• Attended the annual International City/County Manager's Association
Conference noting capital improvements and deferred maintenance were session
topics ;
• Began interviews for a Human Resources Director;
• Congratulated Bob Molloy and Robert Peterkin on their successful electi on and
thanked Council Member Boyle for his service to the City.
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October 3, 2018
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2 . City Attorney -S . Bloom reported he recently attended a Continuing Legal Education
(CLE) session on ethics and would be attending the upcoming International Municipal
Lawyers Association conference .
3. City Clerk -J. Heinz reported that absentee ballots were still to be processed by the
Canvass Board on October 9; also noted an anomaly with Mobile Food Vendor
regulations in Kenai Municipal Code where an inspection report was required but the
State of Alaska Department of Environmental Conservation issued Temporary Permits
for certain events ; would be interested in bringing forth a change if no objection.
K. ADDITIONAL PUBLIC COMMENT
1. Cit izens Comments (Public comment limited to five (5) minutes per speaker)
Johna Beech , statewide ambassador for the American Cancer Society Cancer Action Network ,
provided clarification that the recently effective statutes prohibiting smoking focused on smoke
free work places and worker safety. She pointed out that some governing bodies didn 't have
health powers and some communities were in the unorganized borough which was governed by
the state. She added that citations were complaint driven ; their research showed veterans wanted
clubs to be smoke free and family friendly, and the reason marijuana facilities were exempted
was because the workers knew what they were getting in to and the buildings would be free
standing and not share ventilation systems .
2. Council Comments
All Council Members congratulated Bob Molloy and Robert Peterkin on their successful election
and thanked Teea Winger for her willingness to serve on City Council ; also thanked Council
Member Boyle for his service on City Council.
Council Member Molloy thanked the voters for coming out and voting and for their support noting
he appreciated the opportunity to continue working with the Council ; thanked Mr. Dillon for his
report and Charlie Yamada for her willingness to stand by for the executive session .
Council Member Boyle thanked Council Member Molloy for his help while serving on City Council ;
noted he imposed term limits on himself and wanted to retire; thanked the clerk, attorney,
manager, Mayor, citizens, and city employees for the opportunity to work with them and represent
them; also noted he enjoyed working with the City's various Commissions.
Vice-Mayor Navarre noted he attended the Harvest Art Auction fundraiser and thanked the
community for its years of support ; e xpressed appreciation for the work Beech put into advocating
for worker safety; expressed that he wanted a balanced solution for the public .
Council Member Pettey noted she attended the Harvest Art Auction fundraiser; thanked Mr. Dillon
for his presentation and Ms . Beech for her insight and volunteerism .
Council Member Glendening noted he was serving on the Alaska LNG committee and is confident
the City is well situated to be able to mitigate impacts construction of the facility would have to the
City .
L. EXECUTIVE SESSION
City of Kena i Co uncil Meeting
October 3, 2018
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1. Discuss a Request for Renegotiation of Terms Regarding the Sale of Property Located
at 10639 Kenai Spur Highway, Kenai , AK, Also Know as Lot 3A, Block 1, Spur
Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS
44 .62 .31 O(c )(1 )(3) 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.
MOTION:
Council Member Molloy MOVED to enter into executive session to discuss a request for
renegotiation of 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 .62.3 10(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 and for Charlie Yamada, representative of the purchasers
of the bowling alley property, to stand by should she be needed. Vice Mayor Navarre SECONDED
the motion .
VOTE:
YEA: Knackstedt, Gabriel, Boyle , Glenden ing , 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 a request for renegotiation of terms for the Bowling Alley Opportunity and
reported Council provided direction to the City Manager to continue renegotiation of the terms .
Action/Approval -Authorize t he City Manager to Renegotiate the Terms
of the Bowling Alley Opportunity and to Amend the Deed of Trust.
M. PENDING ITEMS
1. Action/Approval -Field of Flowers Signage (Council Member Knackstedt) [Clerk's
Note: This item was referred to the Beautification Committe e and then the Airport
Commission.]
N. ADJOURNMENT
There being no further business before the Council , the meeting was adjourned at 9 :55 p.m .
2018.
City of Ke nai Counci l Meeting
October 3, 2018