HomeMy WebLinkAbout2019-02-06 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING
FEBRUARY 6, 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 February 6, 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 0.1. Ordinance No. 3048-2019
• KMC 5.25.030 Prohibited Acts
• KMC 5.25 .060 Revocation or Restriction of License
• KMC 7.15 .12 0 Appeal Procedure
Add to item 0.7. Resolution No . 2019-12
• First Amendment to Deed of Trust
Remove item G.2. Purchase Orders Exceeding $15 ,000
MOTION:
Council Member Molloy MOVED to approve the agenda with the requested revisions to the
agenda and packet and requested UNANIMOUS CONSENT. Council Member Glendening
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 -None.
C. UNSCHEDULED PUBLIC COMMENTS -None.
D. PUBLIC HEARINGS
1. 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)
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 3048-2018 and Vice Mayor Navarre
SECONDED the motion.
Mayor Gabriel opened the publi c hearing ; there being no one wishing to be heard, publ ic comment
was closed .
It was suggested the appeal procedures not be repealed due to some of the business conduct
requirements being added; suggested a simple appeal procedure through the manager be
incorporated .
MOTION TO POSTPONE:
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Council Member Molloy MOVED to postpone to the March 6, 2019 meeting and Council Member
Knackstedt SECONDED the motion . UNANIMOUS CONSENT was requested .
VOTE ON POSTPONEMENT: There being no objections , SO ORDERED.
2 . 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 )
MOTION:
Council Member Knackstedt MOVED to adopt Ordinance No. 3049-2019 and Vice Mayor Navarre
SECONDED the motio n.
Mayor Gabriel opened the public hearing ; there being no one wishing to be heard , public comment
was closed .
MOTION TO POSTPONE:
Council Member Knackstedt MOVED to postpone to the February 20, 2019 meeting . Vice Mayor
Navarre SECONDED the motion and requested UNANIMOUS CONSENT .
VOTE ON POSTPONEMENT: There being no objections , SO ORDERED.
3. Resolution No . 2019-08 -Authorizing the Purchase of Real Property Described as
Lots Two (2) and Three (3), Block 5, East Addition Townsite of Kenai , for the Public
Purpose of Including the Property in the Bluff Erosion Restoration Project and
Determining that Pub lic Interest wi ll not be Served by an Appraisal. (Adm inistration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-08 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, publ ic comment
was closed .
VOTE: There being no objections , SO ORDERED .
4 . Resolution No. 2019-09 -Declaring a Utility Easemen t 20 Feet Wide and
Approximately 242 Feet in Length Along the Northern Boundary of Lot 5, Block 1, and
the Southern Boundary of Lot 6, Block 1, FBO Subdivision as Set Forth on the
Attached Exh ibit "A" is not Needed for a Public Purpose and Consenting to its
Vacation . (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-09 and requested
UNANIMOUS CONSENT. Council Member Molloy SECONDED the moti o n.
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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. 2019-10 -Encouraging the State of Alaska Board of Fisheries to
Rescind their January 18, 2019 Decision to Move the Upper Cook Inlet 2020 Finfish
Meeting to Anchorage Due to the Lack of Adequate Pub li c Notice and Process.
(Council Member Molloy)
MOTION:
Counci l Member Molloy MOVED to adopt Resolution No . 2019-10 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 comment
was closed .
[Clerk 's Note: Student Representative Summers joined the meeting at 6 :30 p.m.]
It was noted many members of the community were disappointed with this action by the Alaska
Board of Fisheries. A history, beginning in 2014, of the process for getting the Board to agree to
hold a meeting on the Peninsula was provided . An overview of what took place on Fr iday, January
181h was also provided.
The point was made that governing bodies needed to operate in a transparent manner. It was
also pointed out that it was not unusual for the Board to meet in affected communities when
considering policies relating to that region .
The authors of the letters provided as backup to the resolution we re thanked .
VOTE: There being no objections, SO ORDERED.
6. Resolution No. 2019-11-Awarding a Three Year Agreement, with the Option of Two ,
One-Year Extensions by Mutual Consent, to Ingram Content Group, for the Purchase
of Library Materials and Authori zing Issuance of a Purchase Order in the Amount of
$21,000 .00 for the Remainder of FY2019 . (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-11 and requested
UNANIMOUS CONSENT. Vice Mayor Navarre SECONDED the motion.
Mayor Gabriel opened the publi c hearing; there being no one wish ing to be hea rd , pub lic comment
was closed .
Clarification was provided that Ingram Content Group wa s a large group purchasing organization
and the City chose t he materials purchased.
An overview of the Request for Proposa l process and responses was provided.
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VOTE: There being no objections, SO ORDERED.
MOTION:
Council Member Glendening MOVED to suspend the rules and take up New Business item 7 at
this point in the meeting in the event an executive session was needed for the next item and Vice
Mayor Naverre SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
G .7. Action/Approval -Agreement for Temporary use of Facilities at the Fire Training
Facility to the American National Red Cross. (Administration)
MOTION:
Council Member Molloy MOVED to approve the agreement for temporary use of facilities at the
Fire Training Facility to the American National Red Cross and Council Member Glendening
SECONDED the motion. UNANIMOUS CONSENT was requested .
It was suggested there was an opportunity for shared administrative services.
VOTE: There being no objections, SO ORDERED.
7. Resolution No. 2019-12-Amending Terms of the Deed of Trust for the Bowling Alley
Subject to Additional Terms and Conditions. (Lega l)
[Clerk's Note: Council May Convene into Executive Session to Discuss this Agenda
Item which Pursuant to AS 44.62.310(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 Glendening MOVED to adopt Resolution No. 2019-12 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 .
Clarification was provided that at the last minute the bank recognized it couldn 't use the appraisal
from 2016 which was paid for by the City and an extension was needed for a new appraisal to be
completed .
A reminder was provided regarding the number of people had come to Council in the past
speaking supportively of the Bowling Alley.
There was discussion regarding the term "one month," which may conflict with the date provided .
MOTION TO AMEND:
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Council Member Molloy MOVED to amend by deleting the term , "a one month ," in the second
whereas clause and replacing it with the word , "an ." Vice Mayor Na varre SECONDED the motion
and requested UNANIMOUS CONSENT.
There was objection to unan imous consent.
VOTE ON THE AMENDMENT :
YEA: Knacksted t, Gabriel, Glendening , Pettey, Molloy, Navarre
NAY: Peterkin
**Student Representative Summers : YEA
MOTION PASSED.
VOTE ON THE MAI N MOTION AS AMENDED :
YEA: Molloy, Gabriel , Navarre, Pettey, Knackstedt, Glendening.
NAY: Peterkin
**Student Representative Summers : YEA
MOTION PASSED.
E. MINUTES
1. *Regular Meeting of January 16 , 2019
Approved by the consent agenda .
2 .*Work Sess ion of January 16 , 2019
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/Approva l -Purchase Orders Exceed ing $1 5,000 . (Administ ration )
[Clerk 's Note: This item w as removed from the agenda during approval of th e agenda.]
3. *Act ion/Approval -Non-Objection to Liquo r License Renew als for Kenai Joe's,
Peninsula Oilers Baseball Club, and Oaken Keg #1 808 (City Clerk )
Approved by the consent agenda .
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4 . *Ordinance No. 3050-2019 -Accepting and Appropriating a Federal Grant from
the Institute of Museum and Library Services Passed through the Alaska State
Library for Employee Travel and Training. {Administration)
Introduced by the consent agenda and public hearing set for February 20.
5 . *Ordinance No. 3051-2019 -Accepting and Appropriating Private Donations to
the Kenai Animal Shelter for the Humane Capture and Treatment of Animals.
(Administration)
Introduced by the consent agenda and public hearing set for February 20.
6 . *Ordinance No. 3052-2019 -Amending Provisions in Kenai Municipal Code Title
3-Animal Control, Including the Definition of "Vicious Animal" in Kenai Municipal
Code 3 .05.010-Definitions, Mandatory Court Appearance Requirements in Kenai
Municipal Code 3.05 .070-Citation Procedure, Including a New Offense in Kenai
Municipal Code 3 .10.020 -Control and Confinement of Animals, and Making
Corresponding Changes to Kenai Municipal Code 13.10.015 -Minor Offense Fine
Schedule and the City's Uniform Minor Offense Table. (Legal)
Introduced by the consent agenda and public hearing set for February 20 .
7 . Action/Approval -Agreement for Temporary use of Facilities at the Fire Training
Facility to the American National Red Cross. {Administration)
[Clerk 's Note : This item was taken up prior to Public Hearing item 7 after a motion was approved
to suspend the rules.]
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging -It was reported the Council elected Roy Williams as chair and Don
Erwin as Vice-Chair. It was also reported that the Council heard an update on capital
improvement projects for the Senior Center, the greenhouse project, and a
presentation on bluff erosion stabilization project; next meeting February 14.
2 . Airport Commission -No report; next meeting February 14.
3 . Harbor Commission -February meeting cancelled; next meeting March 11 .
4 . Parks and Recreation Commission -A report was provided that the Commission
discussed goals and objectives for 2019 and 2020 and reforestation plan s due to
spruce bark beetle kill. It was further reported that City Planner Appleby provided
information about the activities of the Biking in Kenai and Soldotna citizen group; next
meeting February 7 .
5 . Planning and Zoning Commission -It was noted a work session was held on January
23rd to debrief the American Planning Conference training and begin sign code
discussions; February 13 meeting cancelled ; next meeting February 27.
6 . Beautification Committee -It was reported the Committee reappointed Lisa Gabriel
as Chair and discussed goals and objectives for 2019 and 2020; also heard about
reforestation due to spruce bark beetle kill ; next meeting April 9 .
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7. Mini-Grant Steering Committee -No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported he had recently attended the Governor's Inauguration Ball.
J. ADMINISTRATION REPORTS
1. City Manager-P. Ostrander reported on the following:
• Had been working with the Golf Course on permitting to replace a bridge which
was an anadromous stream; hoping for construction in March;
• Offered kudos to the streets team for their work after the recent snow events ;
• Noted the Terminal Rehabilitation Project was ongoing and expected to come
back to Council for additional contingency due to the asbestos discovery;
• Had scheduled a meeting with staff from the Governor's office regarding the
Board of Fisheries decision;
• Reported the Director's Report had not yet been signed for the Bluff Erosion
Project.
2. City Attorney -S. Bloom reported that Amazon had recently registered and begun
collecting sales tax in the Kenai Peninsula Borough and provided information and
processes in place for residents who felt they had been taxed incorrectly.
It was suggested the City shouldn't be placed in a position to be attacked for collecting sales tax
from 99611; have a responsibility to the people who shop in our community and should be a good
neighbor by putting something in place so people don 't have to go through a process to get the
incorrectly charged tax back.
Clarification was provided the problems were recognized and the City was working with the
Borough , who administered the sales tax code, to determine the best course of action moving
forward.
MOTION:
Vice Mayor Navarre MOVED to direct the City Manager write a letter to the Borough and Amazon
with concern that residents in 99611 were being taxed when they don't live within the boundaries
of the City of Kenai and until such time as the boundaries are clearly defined and stated with
latitude being given to the City Manager and City Attorney to write the letter but that being the
intent. The motion was SECONDED by Council Member Peterkin.
It was reiterated that Administration had been working with the Borough Attorney 's office and the
concerns would be conveyed. The suggestion was made that a stronger course of action would
be for the Borough and all the cities within the Borough to approach the matter in a unified manner.
There was discussion regarding waiting to make the decision to provide for adequate public
notice , the issue not be ing isolated to Kenai and Soldotna , the effect of no action on the City 's
relationships with those that work and buy in the community, there being an avenue for resolution
and outreach to educate the residents, and staff working toward a solution .
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Clarification was provided that Amazon registered as a quarterly filer and would be remitting
payment quarterly.
The motion was withdrawn with concurrence of the second.
3. City Clerk -J. Heinz reported the Deputy Clerk was at training for the Laserfiche
Software and provided reminders of upcoming events and meetings.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2 . Council Comments
Council Member Knackstedt noted an upcoming Kenai Historical Society meeting to discuss t he
Term inal Rehabilita t ion Project and the mural that was discovered .
Student Representative Summers noted an upcoming regional meet for the cross-country ski
team .
Council Member Peterkin noted a recen t trip to Arizona and a project called Art Space which he
toured ; had also been in Juneau with the State Chamber of Commerce visiting the Legislature.
Council Member Glendening noted he attended the recent Chamber of Commerce luncheon and
heard about struggles the AK LNG project was facing; added he believed there was enough
funding to finish the Environmental Impact Statement. He also noted that attended a recent
Material Extraction Committee meeting .
Council Member Pettey provided a reminder of a show opening at the Kenai Fine Arts Center.
Vice Mayor Navarre noted upcoming travel to Juneau as President of Alaska Municipal League
and offered kudos to the streets crew.
L. EXECUTIVE SESSION
1. Discuss Terms Regarding the Sale of Property Located at 10639 Kenai Spu r
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
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.
Action/Approval -Provide Direction to C ity Administra t ion Regarding the Sale
of Property Located at 106 39 Kenai Spur Highway, Kenai , AK , also known as
Lot 3A, Block 1, Spur Subd iv ision No . 1, 1983 Add ition (the Bowl ing Alley
Opportunity).
[Clerk 's Note : An executive session was not needed after the adoption of Resolution No . 2019-
12 in open session.]
M. PENDING ITEMS -None .
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N. ADJOURNMENT
There being no further business before the Council , the meeting was adjourned at 8:09 p .m.
I certify the above represents accurate minutes of the Kenai City Council meeting of Februa ry 6,
2019.
C ity of Kenai Council Meeti ng
Fe bruary 6, 2019
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