HomeMy WebLinkAbout2018-04-04 Council MinutesKENAI CITY COUNCIL-REGULAR MEETING
APRIL 4, 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 April 4, 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:
Robert Molloy
Tim Navarre
Mike Boyle (telephonic)
**Brittany Gilman , Student Representative
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the packet:
Remove Item G.2 . Purchase Orders Exceeding $15,000
Add to Item F.1 . Ordinance No. 3011-2018
• Correction Email from Councilor Molloy
• Email Comments from Residents
• Memo from City Clerk
MOTION:
Council Member Molloy MOVED to approve the agenda with the requested revisions to the
agenda and 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 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
Marian Nelson with the Kenai Fine Arts Council provided an update on the latest visit from their
architect for upgrades to their building; great ideas for restrooms and storage . Also provided an
overview of upcoming shows.
Stephen Rouse with Kenai Peninsula Housing Initiative (KPHI) provided an update on the senior
and income restricted housing developments their agency was in the process of build ing on
property donated by the City; built with grant funds from the Rasmusson Foundation and Alaska
Housing Finance Corporation, KPHI funds, and mortgage debt as well . He noted KPHI broke
ground July 2017 on the ir income restricted project and held an open house today; second project
was six units for senior housing and they expected to break ground July 2018.
Mary Jackson spoke on Behalf of Kenai Elks Lodge #2425 providing an update on the status of
their liquor license which had been granted by the Alcohol Beverage Control Board ; felt tha t it was
due to the City 's involvement in the process and expressed gratitude for Council 's and
administration 's diligence.
D. P UB LIC HEARINGS -None .
E. MINUTES
City of Kenai Council Meeti ng
April 4, 2018
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1.*Regular Meeting of March 21, 2018
Approved by the consent agenda.
F. UNFINISHED BUSINESS
1. Ordinance No. 3011-2018 -Amending Kenai Municipal Code Section 14.20 .290 -
Appeals -Board of Adjustment, to Amend Standing Requirements for Filing an
Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and
Making Other Housekeeping Changes. (Council Members Pettey and Knackstedt)
[Clerk 's Note : This Item was Postponed to this Meeting from the March 21, 2018
Meeting; A Motion to Enact is on the Floor.]
It was pointed out that the criteria for appealing a decision was minimal but the ordinance
increased the criteria slightly to provide for reasonable appeals; an overview of the changes was
provided .
Upon request and verification of no objection, Mayor Gabriel opened the floor for public testimony;
there being no one wishing to be heard, the public comment period was closed.
It was pointed out that all citizens of the City have the opportunity to participate in the process in
such a way that prevents extraneous expense to the City; notifications provided by means of the
newspaper and/or mailing. Suggestion was made that if someone didn't participate initially and
did not show individual grievance, the taxpayers should be spared the expense of an appeal.
Concerns were expressed regarding being too exclusionary and consideration for someone that
may be on vacation; an overview of the timeline of the 2006 ordinance was provided.
The attorney clarified the definition of aggrieved could be as we define .
There was additional discussion regarding participation in the initial decision, being personally
aggrieved, and all citizens having the same rights to appeal.
It was pointed out that the people whose projects are being appealed have rights too; they apply ,
present their project, have dialogue, may compromise; need fairness on both sides. Also pointed
out that when opposition is expressed when the initial decision is being made, accommodations
could be made at that time.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by replacing the word, "shows " with , "states," in
14.20 .290(a)(3) and replacing the period with a semicolon and adding the word, "or" after the
word, "aggrieved ," and before the words, "To be a "party of record ,"" and Council Member Boyle
SECONDED the motion.
There was discussion regarding the differences between "states," and "shows ," and it was noted
that including the word , "or," provided that one criteria or the other needed met as opposed to
both .
VOTE ON THE AMENDMENT:
City of Kenai Council Meeting
April 4 , 2018
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YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel , Navarre, Glendening
**Student Representative Gilman : NAY
MOTION FAILED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by keeping subparagraph 4 in 14.20 .290(a) and
Council Member Boyle SECONDED the motion .
It was suggested the category should not be removed altogether; should be conservative when
amending rights.
The point was made again , the applicant's point of view wasn 't being co nsidered ; could potentially
be misused ; importance of not open ing up again unless the appeal qualifies.
It was further pointed out that there are other avenues for appeals if someone felt their rights were
being denied.
VOTE ON THE AMENDMENT:
YEA : Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED .
MOTION TO AMEND:
Council Member Molloy MOVED to amend by adding back subparagraph 5, which would now be
subparagraph 4, and adding the words, "who is a party of record ," in 14.20.290{a) and Council
Member Boyle SECONDED the motion .
VOTE ON THE AMENDMENT:
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman : NAY
MOTION FAILED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by adding , "and /or "party of record ,"" to the end of
subpa ragraph 3 in 14.20.290(b) and Council Member Boyle SECONDED the motion .
It was noted that by adding the word , "or," provided that one criteria or the other needed met as
opposed to both .
City of Kenai Council Meeting
April 4, 2018
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VOTE ON THE AMENDMENT:
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED .
MOTION TO AMEND:
Council Member Molloy MOVED to amend by 14.250.290(c), to add the phrase, "or is a party of
record," after the word, "aggrieved," and add, "together with the appellant's other reasons for the
appeal ," to the end of the sentence and Council Member Boyle SECONDED the motion.
It was suggested that it was more efficient to have one appeal brought forth to the Board of
Adjustment.
VOTE ON THE AMENDMENT:
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED.
VOTE ON THE MAIN MOTION:
YEA: Pettey, Knackstedt, Gabriel, Navarre, Glendening
NAY: Boyle, Molloy
**Student Representative Gilman: YEA
MOTION PASSED.
G. NEW BUSINESS
1. *Action/Approval -Bills to be Ratified.
Approved by the consent agenda .
2. *Action/Approval -Purchase Orders Exceeding $15 ,000.
Removed from the agenda during approval of the agenda.
3. *Ordinance No. 3013-2018 -Increasing Estimated Revenues and Appropriations by
$286,288 in the Airport Special Revenue and Airport Terminal Improvements Capital
Project Funds for Increased Costs Associated with Phase II of the Project to Design
the Airport Terminal Rehabilitation Project and Authorizing a Contract Amendment
with Wince-Corthell-Bryson for Completion of Phase II of the Project's
City of Kenai Council Meeting
April 4, 2018
Design. (Administration)
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Introduced by the consent agenda and public hearing set for April 18, 2018 .
4 . *Ordinance No. 3014-2018 -Making Housekeeping Amendments to KMC Section
3.25.060-Adoption Procedure, 3.25.090-Protective Custody, 3.30 .030-Quarantine of
Individual Animal , 4.25.020-Fee Schedule , 12.25 .030-Leaving of Junk or Illegally
Parked Vehicles , 13.30.090-Sign Bearing the Legend , 18.25.030 -Inspection Fee ,
and 23.50.010-Employee Classification . (Legal and City Clerk)
Introduced by the consent agenda and public hearing set for April 18, 2018.
5. Action/Approval -Schedule a Special Meeting to Conduct Annual Performance
Evaluations for the City Attorney, City Clerk , and City Manager. (City Clerk)
It was decided two special meetings would be held; one on May 14 at 6 p.m . to discuss the
performance evaluations of the City Manager and the City Clerk; one on May 15 at 6 p.m . to
discuss the performance evaluation of the City Attorney and an executive session during the May
16 regular meeting to review the performance evaluation with the City Attorney.
6. Action/Approval -Schedule a Work Session to Review and Discuss the Fiscal Year
2019 City of Kenai Budget. (City Clerk)
It was decided a work session would be held on May 19 beginning at 9:00 a.m ..
7 . Discussion -Harbor Commission 's Recommendation for Wake Zone Signs at the
Mouth of the Kenai River. (City Manager)
Christine Hutchison, Harbor Commission Chair, spoke in favor of the wake zone signs pointing
out that the Commission was concerned with safety and also erosion; noted the issue had come
from two newly appointed Commissioners with concerns .
Bob Peters , Harbor Commission Member, spoke in favor of the wake zones, noted they had been
in place in the past, and provided a history; noted he assumed the signs used in the past went up
and down with season . Also discussed discrepancies in U.S. Geologica l Survey and U.S. Corps
of Engineers studies regarding wakes causing erosion.
There was discussion about wakes affecting banks on the tide cycle and loaded commercial boats
throwing a wake no matter whether on step or not.
Mike Dunn , Harbor Commission Member, spoke in favor of the wake zone noting he understands
fishermen's desire to get to the cannery in a timely manner and pointed out high tide was when
the wake affects the banks and bluff; added that some studies showed wakes caused water
column clouding ; suggested the "No Wake" signs be put up for the dipnet fishery and until the
Bluff Erosion Project is finalized to mitigate any further damage.
It was noted that the "No Wake" zone in the river adjacent to the VIP subdivision didn 't get rid of
erosion entirely at certain times ; helped safety and developed a pattern . It was further noted that
it was wise to look at mitigating other areas.
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April 4, 2018
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Other suggestions were discussed including prohibiting canoes and small boats, use of strobe
light at high tide, need for consideration to the fishing industry, costs, education to fishing fleet
about impacts, and floating signs versus fixed signs on the river bank.
Neal DuPerron, Harbor Commission Member, spoke in favor of the wake zone, suggesting it was
vital to saving the bluff and pointing out that two apartment buildings have been lost.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging -Reported that there were 130 participants at the March for Meals
fundraiser and it was a great time; next meeting April 12.
2. Airport Commission -No report; next meeting April 12.
3. Harbor Commission -No report; next meeting April 9.
4 . Parks and Recreation Commission -No report ; April 5 meeting cancelled .
5. Planning and Zoning Commission -It was reported that on March 28, the Commission
approved a Conditional Use Permit for overflow parking on Willow Street and, in a
work session, discussed possible recommendations for an ordinance to remove the
provision for Cultivation Facility -Standard marijuana establishments in residential
areas in the City; next meeting April 11 .
6. Beautification Committee -No report; next meeting April 10.
7. Mini-Grant Steering Committee -No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended the March for Meals Fundraiser and an AK LNG reception;
• Delivered proclamations and attended receptions for Doctor Hansen and Linda
Swarner;
• Attended a dinner for Kenai Peninsula Borough School District for City officials.
J. ADMINISTRATION REPORTS
1. City Manager-P. Ostrander reported on the following:
• Met with GCI and discussed partnership with the Eagle Cam and Dipnet App;
• Administrative team met with the FAA regarding the terminal rehabilitation project,
all needs met and fully funded;
• Provided an update on the Bluff Erosion Project noting the U.S. Corps of
Engineers had $49 million to utilize on the project and expect that more will be
available; hopes to have an update on the director's report by the next Council
meeting;
• City moving to performance based budgeting ; appreciated extension to create the
improved budget document.
2. City Attorney -No report.
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April 4 , 2018
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3. City Clerk -J. Heinz reported the concept for permitting for dipnet vendors was close
and would be taken to the Commissions requested in early May and then to Council;
developing training for the Commissions; closely watching the Municipality of
Anchorage's first vote by mail election.
K. ADDITIONAL PUBLIC COMMENT
1 . Citizens Comments (Public comment limited to five (5) minutes per speaker)
Mike Dunn offered his property to place wake zone signs.
2. Council Comments
Council Member Glendening noted he attended the Dr. Hansen reception ; thanked the Harbor
Commission for t heir work on the wake zone discussion .
Student Representative Gilman apologized for her absence; noted she has been in three
productions recently; discussed upcoming sport competitions and drama productions for high
school students; honored former KCHS student Allie Ostrander for accomplishing the fastest
steeplechase run in the world ; advised that prom was soon and invited all to promenade; noted
Graduation was scheduled for May 21.
Councilor Molloy thanked Student Representative Gilman for her report; thanked Kelso 's and
Rogalsky's for their comments on the Board of Adjustment ordinance .
Council Member Knackstedt thanked the Administrative team for meeting with the FAA; hopeful
for additional options; noted he would be absent from next meeting .
L. EXECUTIVE SESSION -None.
M. PENDING ITEMS -None .
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:33 p.m.
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April 4, 2018
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