HomeMy WebLinkAbout2019-02-20 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING
FEBRUARY 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 February 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 Glenden ing
Glenese Pettey
A quorum was present.
Also in attendance were:
Robert Molloy
Tim Navarre (absent)
Robert Peterkin
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the packet:
Add to item D.4.
Add to item F.1.
MOTION :
Resolution No. 2019-13
• Amendment Memo
Ordinance No . 3049-2019
• Letter from FAA
Council Member Molloy MOVED to approve the agenda with the requested revisions to the packet
and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. ConsentAgenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda with the removal of item
G.5. 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. 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)
MOTION:
Council Member Peterkin MOVED to enact Ordinance No. 3050-2019 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
Gratitude was expressed to the Library Director for applying for the grant.
VOTE:
YEA: Knackstedt, Gabriel , Glendening, Pettey, Molloy, Peterkin
NAY:
MOTION PASSED UNANIMOUSLY.
2 . Ordinance No. 3051-2019 -Accepting and Appropriating Private Donations to the
Kenai Animal Shelter for the Humane Capture and Treatment of Animals.
{Administration)
MOTION:
City of Ken ai Co un cil Meeting
February 20, 2 019
Page 2 of 8
Council Member Knackstedt MOVED to enact Ordinance No. 3051-2019 and Council Member
Molloy SECO NDED the motion.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard , public comment
was closed.
Gratitude was expressed for the donations .
VOTE:
YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin
NAY:
MOTIO N PA SSED UNANIM OUSLY .
3. Ord inance No. 3052-2019 -Amend ing 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
Un iform Minor Offense Table. (Legal)
MOTION :
Council Member Molloy MOVED to enact Ordinance No. 3052-2019 and Council Member
Knac kstedt SECONDED the motion .
Mayor Gabriel opened the public hearing ; there being no one wishing to be heard, public comment
was closed .
The definition of a vicious animal was reviewed and it was noted the changes were needed to
help prevent confusion in court proceedings . Clarification was provided that if a citation was
issued three times in a twelve-month period , a mandatory court appearance would be required
and it was hoped an owner would listen to a judge at an arraignment hearing better than an Animal
Control Officer. Further clarification was p rovided that an an imal that hurts someone one time is
not considered dangerous however, a heightened fine for the owner is recommended when the
victim is harmed .
Insight was sought on reasonable means for restraint where it came to the animal being on the
private property of the owner; if the dog is on its own property, the City may not want to get
involved .
MOTI O N TO AM END:
Council Membe r Molloy M OVED to amend KMC Section 03 .1 0.020(c) by inserting , "caus ing the
harm ," after the words, "unless the animal ," and Counc il Member Knackstedt SECO N DED the
motion .
VOTE:
City of Kenai Council Meeting
February 20, 20 19
Pag e 3 of 8
YEA: Knackstedt, Gabriel, Glendening , Pettey, Molloy, Peterkin
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin
NAY:
MOTION PASSED UNANIMOUSLY.
4. Resolution No. 2019-13 -Consenting to the Declaration of Peninsula Hangar
Association (a Common Interest Ownership Cooperative) and Sublease between
Legacy Electric, LLC and the Peninsula Hangar Association for Lot 2, Block 1, General
Aviation Apron within the Airport Reserve . (Lega l)
MOTION:
Council Member Peterkin MOVED to adopt Resolution No. 2019-13 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard , public comment
was closed.
Clarification was provided on the ownership makeup of the Peninsula Hangar Association .
An overview was provided on the project noting the hangar complex was built on the airport and
the owner wanted to sell each hangar in the unit, similar to a condo association . It was noted that
the City wouldn 't get involved with the individual unit owners but would be consenting to the
declaration of the association. It was further noted that the lease remained between the City and
Legacy Electric and the unit owners would be required to comply with the terms of the lease .
It was pointed out that this project was an examp le of development incentives turning an unusable
property into something that is beneficial.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Section 1 of the Resolution to read : "That the City
Manager is authorized to execute the attached Consent to Sublease between Legacy Electric,
LLC and The Peninsula Hangar Association and the Consent to Establishment of a Leasehold
Common Interest Community subject to the terms of the Lease between the City of Kenai and
Legacy Electric, LLC and a change to Article IV Section 12-Lease of Units to read :
Any unit owner may lease their unit to a third party, with prior written notice to the Association and
the Association must provide written noti ce to the City of Kenai Airport Director. The City shall
have the right to object to the lease within 30 days of receipt of written notification for reasonable
cause . Such a lease must be in writing and shall provide that the failure to comply in all respects
with the provisions of this Declaration , the Association By laws, the City of Kenai Lease , or the
unit owner's Proprietary Lease shall be a default under the terms of t he lease. A lessee of such a
unit shall not have any rights in the Association , and the unit owner shall retain all rights as owner,
City of Kenai Cou ncil Meeting
F ebru ary 20, 2019
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unless the owner sells all their interest in the unit to the renter as allowed by th is Declaration ,"
and Council Member Glendening SECONDED the motion .
Clarification was provided that any objection to a sublease would be approved by Council.
VOTE ON THE AMENDMENT:
YEA: Knackstedt, Gabriel, Glendening , Pettey, Molloy, Peterkin
NAY:
MOTION PASSED UNANIMOUSLY.
The developer was thanked for the project.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Knackstedt, Gabriel , Glendening , Pettey, Molloy, Peterkin
NAY:
MOTION PASSED UNANIMOUSLY.
E . MINUTES
1.*Regular Meeting of February 6, 2019
Approved by the consent agenda.
F . UNFINISHED BUSINESS
1. 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) [Clerk 's Note: This Item was
Postponed to this Meeting from the February 6, 2019 Meeting; A Motion to Enact is on
the Floor.]
Public Works director was thanked for his work to accomplish the work on the facility .
VOTE:
YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin
NAY:
MOTION PASSED UNANIMOUSLY.
G. NEW BUSINESS
1. *Action/Approval -Bills to be Ratified .
Approved by the co nsent agenda.
2. *Action/Approval -Purchase Orders Exceeding $15,000. (Administration)
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February 20, 2019
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Approved by the consent agenda .
3. *Action/Approval -Non-Objection to Liquor License Renewals for Pizza
Paradisos . (City Clerk)
Approved by the consent agenda.
4. *Action/Approval -Non-Objection to New Marijuana Product Manufacturing
License for Red Run Cannabis Cultivators , LLC. (City Clerk)
Approved by the consent agenda.
5. *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. (Legal)
[Clerk 's Note : This item was removed from the Consent Agenda during approval of the consent
agenda .]
MOTION:
Council Member Molloy MOVED to introduce Ordinance No. 3053-2019 and Council Member
Knackstedt SECONDED the motion .
VOTE:
YEA: Knackstedt, Gabriel , Glendening , Pettey, Molloy, Peterkin
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION:
Council Member Molloy MOVED to set the public hearing for Marc h 20, 2019 and Council Member
Pettey SECONDED the motion. UNANIMOUS CONSENT was requested .
VOTE: There being no objection, SO ORDERED .
6. Discussion -Amazon Ta x Collection in the 99611 Zip Code. (Vice Mayor
Navarre)
Clarification was provided that an acceptable solution had been reached using the U.S . Postal
Service "Zip+4." It was noted that the matter was ongoing and ordinance changes or f urther policy
changes may need to be considered by the Council. It was further noted that work was ongoing
with the Alaska Municipal League regarding other online sellers .
H. COMMISSION/COMMITTEE REPORTS
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February 20, 2019
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1. Council on Aging -It was reported the Council urged support of Meals on Wheels and
considered Medicare Advantage programs and Capital Improvement Projects at their
February 14 meeting; next meeting March 14.
2. Airport Commission -No report; next meeting March 14.
3. Harbor Commission -No report; next meeting March 11.
4. Parks and Recreation Commission -It was reported the Commission elected a Chair
and Vice Chair, heard from the City Planner regarding 8 80 communities, discussed
Bike Friendly Community survey results, and began planning an Easter Egg Hunt for
April 19; next meeting March 7.
5. Planning and Zoning Commission -No report; next meeting February 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:
• Thanked the Human Resource Director for the work session on employee
evaluation process;
• The Election Stakeholders Group was getting going on considering election
processes for the Kenai Peninsula Borough;
• Attended the Senior Center Volunteer Appreciation Luncheon;
• Attended the Joint Chamber Breakfast with Representative Knopp;
• Expressed dismay with the Governor's budget.
J . ADMINISTRATION REPORTS
1. City Manager-P. Ostrander reported on the following:
• Noted the Notice to Proceed would be issued soon for the exploration for gravel
on Beaver Loop property;
• Would be issuing a Request for Proposal for Visitor Center Management and
Tourism and Marketing by March 1;
• Continually trying to connect with Mr. Huber regarding the Board of Fisheries
reconsideration and vote to move its Upper Cook Inlet meeting to Anchorage ;
• Reviewed impacts of the Governor's budget to the City;
• Provided an update on the progress at the airport for the Airport Renovation
Project.
2. City Attorney -No Report .
3. City Clerk -J . Heinz provided a reminder of an upcoming Po lice Officer Swear-in
Ceremony.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
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February 20, 2019
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2 . Council Comments
Council Member Knackstedt noted the Airport Manager presented to the Kenai Historical Society;
nex t meeting March 3.
Council Member Molloy thanked the Supervisory Sub-Committee and Human Resource Director
for their work on the employee evaluation process .
Council Member Peterkin echoed gratitude on the employee evaluation process.
Council Member Pettey thanked those that volunteer at the Senior Center and also ech oed
gratitude on the employee evaluation process .
L. EXECUTIVE SESSION -None .
M. PENDING ITEMS -None.
N. ADJOURNMENT
There being no further business before the Council , the meeting was adjourned at 7 :42 p .m.
I certify the above represents accurate minutes of the Kenai City Council meeting of February 20,
2019.
City of Kenai Co uncil Meeti ng
February 20, 2019
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