HomeMy WebLinkAbout2019-08-21 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
AUGUST 21, 2019 — 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on August 21, 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:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Robert Molloy
Tim Navarre
Robert Peterkin (absent)
Mayor Gabriel noted the following revisions to the packet:
Add to item D.I. Ordinance No. 3072-2019
• Amendment Memo
• Amendment Memo
• Forms
MOTION:
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. 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 the floor for public comment; there being no one wishing to be heard, the
public comment period 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, Executive Director, Kenai Peninsula Economic Development District
Overview of New Kenai Peninsula Economic Development District website and
resources.
Tim Dillon provided a tour and overview of the Kenai Peninsula Economic Development District's
updated website noting they highlight statistical information and link to many other resources
including cities on the Kenai Peninsula and other agencies.
C. UNSCHEDULED PUBLIC COMMENTS — None.
D. PUBLIC HEARINGS
Ordinance No. 3072-2019 - Renaming, Repealing and Re -Enacting Kenai Municipal
Code Title 22 -General Fund Lands, Renaming Title 21 -City Airport and Airport Lands,
and Repealing Kenai Municipal Code Chapter 21.15 -Lease and Sale of Airport Lands
Outside of the Airport Reserve to Encourage Responsible Growth and Development
to Support a Thriving Business, Residential, Recreational and Cultural Community
through Responsible Land Policies and Practices. (Administration)
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 3072-2019 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was noted the ordinance was a good work product; suggested a work session to review it all.
It was noted development incentives, the discussion of language such as "included but not
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limited to," and "best interest of the City vs. advantageous," could also be reviewed at the work
session.
Clarification was provided Administration put lot of time into the product, and welcomed as many
work sessions as necessary to end up with the final product.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone Ordinance No. 3072-2019 to a meeting no later than
the first meeting in October where it will be scheduled for a second public hearing, for there to be
a work session scheduled at a date to be determined before the first meeting in October, and
direct the City Clerk to communicate with the Council Members for their availability and to set the
date of the Work Session and Council Member Knackstedt SECONDED the motion.
VOTE ON POSTPONEMENT:
YEA: Knackstedt, Glendening, Pettey, Navarre, Gabriel, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 3073-2019 -Accepting and Appropriating a Grant from the State of
Alaska for the Purpose of Purchasing Books. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3073-2019 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
The Library Director was thanked for obtaining the grant.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Navarre, Gabriel, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 30742019 -Increasing Estimated Revenues and Appropriations by
$1,504.82 in the FY2019 General Fund - Police Department for State Traffic Grant
Overtime Expenditures. (Administration)
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 3074-2019 and Council Member
Knackstedt SECONDED the motion.
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Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Navarre, Gabriel, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
4. Ordinance No. 3077-2019 - Increasing Estimated Revenues and Appropriations in
the Water & Sewer Special Revenue and Water & Sewer Improvements Capital
Project Funds for Engineering and Design Services to Relocate Well House #1
which was Damaged by the November 30, 2018 Magnitude 7.0 Southcentral Alaska
Earthquake. (Administration)
L'[oil li[6IPF
Council Member Knackstedt MOVED to enact Ordinance No. 3077-2019 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided that the insurance company was covering the costs that were coverable
under the insurance policy and the City was responsible for the rest; it was added that this funding
was for design only. Clarification was also provided that the plan was to move the well house from
Well #1 to the site of Well #2 where it would be a building supporting the water plant; it was added
that Well #1 would be abandoned in the future.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Navarre, Gabriel, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
5. Ordinance No. 3078-2019 - Increasing Estimated Revenues and Appropriations in
the Airport Special Revenue and Airport Improvement Capital Project Funds to
Provide Supplemental Funding for the 2019 Airfield Marking, Crack Sealing, Seal
Coating, and Minor Pavement Repair Project. (Administration)
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
c. Motion for Adoption (Requires Five Affirmative Votes)
MOTION FOR INTRODUCTION:
Council Member Molloy MOVED to introduce Ordinance No. 3078-2019 and Vice Mayor Navarre
SECONDED the motion.
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Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE ON INTRODUCTION:
YEA: Knackstedt, Glendening, Pettey, Navarre, Malloy, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION FOR SECOND READING:
Council Member Molloy MOVED to hold the second reading on Ordinance No. 3078-2019 due to
the emergent circumstances and Vice Mayor Navarre SECONDED the motion
VOTE ON SECOND READING:
YEA: Knackstedt, Glendening, Pettey, Navarre, Molloy, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION FOR ENACTMENT:
Vice Mayor Navarre MOVED to enact Ordinance No. 3078-2019 and 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.
Clarification was provided that the additional damage could have been caused by the earthquake
or the additional time between the project design and construction and, given the difficulty in
determining the cause, it would be difficult to obtain disaster funds.
It was noted that staff acted appropriately to save remobilization funds.
It was pointed out that because of actions of staff, the portion of the change order due to FAA's
Certification Inspection, would be eligible for grant funding.
VOTE ON ENACTMENT:
YEA: Knackstedt, Glendening, Pettey, Navarre, Molloy, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
6. Resolution No. 2019-56 - Stating its Conditional Protest Regarding the Issuance of
a New Distillery Liquor License No. 5826, for High Mark Distillery, Inc., DBA High
Mark Distillery, Inc., Located at 2270 Royal Street, Warehouse #1, Kenai AK, 99611
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and Authorizing the City Clerk to Notify the Alaska Alcohol and Marijuana Control
Office if Conditions are Met. (City Clerk)
MOTION:
Council Member Glendening MOVED to adopt Resolution No. 2019-56 and requested
UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided the conditional protest provided the applicant time to obtain the
necessary permits and, once obtained, the City Clerk would lift the protest.
There was concern there would be additional delays caused by a need to be revisited by the
Alcohol Control Board. It was suggested there were alternative methods available to the City to
require the permits prior to opening.
Clarification was provided that often, authority was delegated to the Director of the Alcohol and
Marijuana Control Office, to issue the licenses once all approvals were received and there was
not likely to be an additional delay.
It was pointed out there was protection of life safety with an approved Building Permit.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Gabriel, Molloy
NAY: Navarre
MOTION PASSED.
7. Resolution No. 2019-57 - Application for Lease of City -owned Land within the
Airport Reserve from SOAR International Ministries, Inc. for the Undeveloped
Portion of Tract A, General Aviation Subdivision No. 2. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-57 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.
Clarification was provided that required obligations were not completed subsequent to the first
lease application and the timeframe wasn't extended in that process; there were assurances that
obligations would be completed with this second process to prevent the property from being held
up.
It was suggested the development would be a positive addition to the airport
VOTE: There being no objections, SO ORDERED.
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8. Resolution No. 2019-58 - Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to Application Fees for Lands Outside
the Airport Reserve. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-58 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.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone Resolution No. 2019-58 to appear on the same
agenda as Ordinance No. 3072-2019. Council Member Knackstedt SECONDED the motion and
requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
9. Resolution No. 2019-59 - Approving an Amendment Extending the Agreement for
Services to Provide On -Site Facility Management for Vintage Pointe Manor
Congregate Housing. (Administration)
MOTION:
Vice Mayor Navarre MOVED to adopt Resolution No. 2019-59 and requested UNANIMOUS
CONSENT. Council Member Glendening 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.
E. MINUTES
1. *Regular Meeting of August 7, 2019
Approved by the consent agenda.
F. UNFINISHED BUSINESS — None.
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval — Purchase Orders Over $15,000. (Administration)
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Approved by the consent agenda.
3. *Action/Approval - Non -Objection to the Renewal of Limited Marijuana Cultivation
Facility Licenses for Peninsula Botanicals, LLC and Herban Extracts, LLC. (City Clerk)
Approved by the consent agenda.
4. *Action/Approval - Non -Objection to the renewal of a Retail Marijuana Store Licenses
for Kenai River Cannabis Company and Majestic Gardens. (City Clerk)
Approved by the consent agenda.
5. *Ordinance No. 3079-2019 - Increasing Estimated Revenues and Appropriations in
the Airport Special Revenue and Airport Improvements Capital Project Funds and
Accepting a Grant from the Federal Aviation Administration for the Purchase of Two
Aircraft Rescue and Firefighting (ARFF) Vehicles, Rehabilitation of the Fire Training
Props, and Rehabilitation of the Training Facility for the Alaska Regional Fire Training
Facility. (Administration)
Introduced by the consent agenda and public hearing set for September 4.
6. *Ordinance No. 3080-2019 - Increasing Estimated Revenues and Appropriations in
the Terminal Improvements Capital Fund, and Authorizing an Increase to the
Construction Purchase Order to Blazy Construction, Inc. (Administration)
Introduced by the consent agenda and public hearing set for September 4.
7. *Ordinance No. 3081-2019 - Increasing Estimated Revenues and Appropriations in
the Airport Improvements Capital Project Fund, and Authorizing an Increase to the
Construction Purchase Order to Polar North Construction, Inc. (Administration)
Introduced by the consent agenda and public hearing set for September 4.
8. *Ordinance No. 3082-2019 - Amending Kenai Municipal Code Chapter 5.35, Oil and
Gas Wells, to Provide that Applications and Supplemental Applications be Filed with
the City Manager. (City Clerk)
Introduced by the consent agenda and public hearing set for September 4.
9. Ordinance No. 3083-2019 -Amending Kenai Municipal Code 14.20.175 -Adult
Businesses, To Increase The Buffer Distances Between Adult Businesses And
Sensitive Uses From 500 Feet To 1000 Feet And Define Sensitive Uses. (Council
Member Pettey)
MOTION:
Council Member Pettey MOVED to introduce, refer to Planning and Zoning for their August 28
meeting for a recommendation, and set a public hearing before City Council for September 4.
Council Member Glendening SECONDED the motion.
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Opposition to introduction was expressed. There were differing opinions with the Planning &
Zoning Commission reviewing the legislation prior to Council making potential amendments.
Council Member Knackstedt requested to divide the question, voting on introduction first and
referring to the Planning and Zoning Commission for their August 28 meeting for a
recommendation and setting a public hearing for September 4 second.
VOTE ON INTRODUCTION:
YEA: Knackstedt, Glendening, Pettey, Gabriel, Molloy
NAY: Navarre
MOTION PASSED.
MOTION TO AMEND:
Council Member Pettey MOVED to amend by removing the referral to the Planning and Zoning
Commission for their August 28 meeting for a recommendation requirement and Council Member
Glendening SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
MOTION TO AMEND:
Vice Mayor Navarre MOVED to amend by changing September 4 to September 18.
The motion died for lack of a second.
VOTE ON REFERRAL AND SETTING A PUBLIC HEARING AS AMENDED:
YEA: Knackstedt, Glendening, Pettey, Gabriel, Molloy, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
10. Discussion - Public Notice of City Council Meetings. (City Clerk)
The City Clerk provided an overview of the memo provided in the packet noting other communities
only publish public hearings in the newspaper and, if the City were to also only publish public
hearings, an annual savings of approximately forty -percent could be seen.
Cost savings and not limiting to only public hearings were topics discussed.
Council Members volunteered to work with the City Clerk to develop an option for noticing
requirements.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging — No report; next meeting September 12.
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August 21, 2019
2. Airport Commission — It was reported the Commission heard updates on the Terminal
Rehabilitation Project and the Crack Sealing Project, and recommended approval of
Ordinance No. 3072-2019. It was also reported the airport staff was preparing for a
mass casualty drill; next meeting September 12.
3. Harbor Commission — It was reported the Commission discussed the land sale and
leasing policies and procedures, amendments of the harbor section of Kenai Municipal
Code, dredging at the dock, and Dipnet fishery operations; next meeting September
16.
4. Parks and Recreation Commission — It was noted the Commission, along with the
Beautification Committee, were attending an upcoming tour of the parks and gardens;
next meeting September 5.
5. Planning and Zoning Commission — It was reported that at their August 14 meeting
the Commission approved a preliminary plat, a Conditional Use Permit to operate a
marijuana retail store, recommended a change to Kenai Municipal Code regarding
hours of operation for marijuana retail stores, recommended adoption of Ordinance
No. 3072-2019, and recommended approval of the SOAR lease application; next
meeting August 26.
6. Beautification Committee — It was noted the Committee would be attending an
upcoming tour of the parks and gardens with the Parks & Recreation Commission;
next meeting September 10.
7. Mini -Grant Steering Committee — No report.
REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended the summer Alaska Municipal League meetings;
• Noted the upcoming Industry Appreciation Day.
J. ADMINISTRATION REPORTS
1. City Manager —City Manager P. Ostrander reported on the following:
• Attended Alaska Municipal League and Alaska Municipal Manager's Association
meetings;
• Met with Kenai Watershed Forum;
• Presented the Election Stakeholder Group report to the Borough Assembly and
noted a resolution of support was coming forth;
• Expecting to conduct an online auction in the near future;
• Provided an update on the Sales Tax Working Group within the Alaska
Municipal League;
• Provided an update on the Airport Terminal Rehabilitation Project;
• Noted Senator Murkowski was attempting to appropriate funding for the Bluff
Erosion Project in an upcoming energy bill.
2. City Attorney — No Report.
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3. City Clerk — City Clerk J. Heinz noted candidates that had been certified for election
and provided a reminder of upcoming election dates; also noted when the Deputy
Clerk was expected to return to work.
K. ADDITIONAL PUBLIC COMMENT
None.
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
Council Member Pettey noted she attended the Alaska Municipal League meetings and found
them to be enriching; also noted the $4,000 donation to Kenai Boys & Girls Club of the Kenai
Peninsula and thanked Arby's for matching and increasing the donation. She added that she was
looking forward to running for Council.
Council Member Glendening noted he attended the Alaska Municipal League meetings and found
them useful; noted he was attending Industry Appreciation Day; encouraged folks to exercise their
civic duty; noted the AK LNG Advisory Committee was meeting at the end of the month and
deciding whether or not to sunset.
Council Member Molloy thanked the Mayor, Councilor Glendening and Councilor Pettey for
running for office, suggesting that there being no competition meant the public was not dissatisfied
with the work of the body and administration.
Council Member Knackstedt wished the candidates for election, good luck; agreed the public was
satisfied with the body and how it was functioning; attended Alaska Municipal League and found
it educational; discussed the community PFD proposal; noted he was attending Industry
Appreciation Day; noted the Kenai Fire Department was providing excellent updates regarding
the Swan Lake Fire.
L. EXECUTIVE SESSION — None.
M. PENDING ITEMS — None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:57 p.m.
I certify the above represents accurate minu Kenai City Council meeting of August 21,
2019. �EN,4f
JOrnii Heinz, CMC
'ty lerk
ENDED
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