HomeMy WebLinkAbout2020-02-05 Council MinutesKENAI CITY COUNCIL -REGULAR MEETING
FEBRUARY 5, 2020-6:00 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 5, 2020, in City Hall Counci l
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
Paul Ostrander, City Manager
Scott Bloom , City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following revisions to the packet:
Add to item D.5 .
Add item D.7.
Move item G.6.
To the Consent Agenda
MOTION :
Resolution No. 2020-05
• Public Comments
Resolution No. 2020-07
• Resolution
• Memo
Ordinance No. 3105-2020
Vice Mayor Moll oy M OVED to approve the agenda with the requested revisions to the agenda
and packet and requested UNANI MOUS 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 as amended and requested
UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion .
The items on the Consent Agenda were read into the record.
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 cons idered 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 councilmember 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. Bill Lierman and Brandi Niclai, Alaska Permanent Capital Management -City of
Kenai Permanent Funds 2019 Performan ce Review and Establishment of 2020
Asset Allocation and Benchmarks.
Brandi Niclai presented a review of the status of the Permanent Fund Investments reporting
overall growth . She provided a market review, a portfolio review , and a strategic review ; also
suggested changes in the average calculations made available for appropriations .
C. UNSCHEDULED PUBLIC COMMENTS
None.
D. PUBLIC HEARINGS
1. Ordinance No. 3101-2020 -Accepti ng and Appropriating a Grant from the Rasmuson
Foundation for the Purchase and Installation of Security Cameras at the City's
Historical Cabins in Old Town Kenai. (Administration)
MOTION :
Council Member Knackstedt MOVED to enact Ordinance No . 3101 -2020 and Council Member
Peterkin 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 .
The City Planne r and the Rasmuson Foundation were thanked .
VOTE:
YEA: Knackstedt, Glendening , Molloy , Gabriel , Peterkin , Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
2 . Ordinance No. 3102-2020 -Amending Kenai Municipal Code 14.20.280 Public
Hearings and Notifications, to Reduce the Newspaper Posting Requirement.
(Council Member Knackstedt)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3102-2020 and Vice Mayor Molloy
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 amendment brought the advertising down to match what was done for the Council
which would save on costs .
MOTION TO AMEND:
Council Member Glendening MOVED to amend by filling in the blank in the last whereas clause
with the word , "enactment," and Council Member Peterkin SECONDED the motion. UNANIMOUS
CONSENT was requested .
VOTE ON THE AMENDMENT: There being no objections , SO ORDERED.
It was noted that the Planning & Zoning Commiss ion was a quasi-judicial body, which sought
testimony from property owners in the neighborhoods where decisions were being made and
suggested that the extra day of notice may make a difference to someone gathering information
for the hearing.
MOTION TO AMEND:
Vice Mayor Molloy MOVED to leave as "not less than seven (7 ) in KMC Section 14.20 .2 80(b) and
Counci l Member Glendening SECONDED the motion .
It was suggested the Planner recommended the shorter timeframe to allow more items to be
added to the agenda .
Clarification was provided the notice would still be pub lished on the same day; the amendment
would change to align with City Council practi ce .
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February 5 , 2020
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It was suggested allowing flexibility was desirable for some situations .
VOTE ON THE AMENDMENT:
YEA: Glendening, Molloy, Peterkin , Pettey
NAY: Navarre, Knackstedt, Gabriel
MOTION PASSED.
It was noted the seventh whereas clause needed to be addressed due to the previous
amendment.
MOTION TO AMEND:
Vice Mayor Molloy MOVED to delete the seventh whereas clause in its entirety. Council Member
Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Knackstedt, Glendening, Molloy, Gabriel, Peterk in, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
3. Resolution No. 2020-03 -Authorizing the Purchase of Real Property Described as
Lots 6B and 10B2, Block 19, and Lots 70 and ?C, Kenai Townsite 2018 Addition for
the Public Purpose of Including the Property in the Bluff Erosion Restoration Project
and Determining that Public Interest Will Not Be Served by an
Appraisal. (Administration)
MOTION:
Council Member Glendening MOVED to adopt Resolution No. 2020-03 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing ; there being no one wishing to be heard , the publi c
hearing was closed.
Clarification was provided this was a part of an ongoing effort to acquire all of the property
necessary to complete the Bluff Erosion Project.
VOTE:
YEA: Knackstedt, Glendening , Molloy, Gabriel , Pe terkin , Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
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4. Resolution No. 2020-04 -Adopting the City of Kenai Hazard Mitigation Plan.
(Administration)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2020-04 and Council Member Knackstedt
SECONDED the motion. UNANIMOUS CONSENT was requested .
Mayor Gabriel opened for public hearing.
Bill Dunn encouraged adoption noting it was important that the entire bluff was identified as an
erosion issue.
There being no one else wishing to be heard, the public hearing was closed.
Clarification was provided the Hazard Mitigation Plan was updated every five years and the
benefit was that it made the City eligible for certain grant funds before the hazards happened,
instead of after.
VOTE: There being no objections, SO ORDERED.
5. Resolution No. 2020-05 -Supporting Alaska House Bill 198, an Act Relating to
Aggravating Factors Considered at Sentencing. (Vice Mayor Molloy and Council
Member Navarre)
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2020-05 and requested UNANIMOUS
CONSENT. Vice Mayor Molloy SECONDED the motion .
Mayor Gabriel opened for public hearing .
Tammy Willis spoke in favor of the resolution noting incidents that had happened to her. She also
noted that, in her case, the FBI had become involved and were investigating the incidents as hate
crimes after the news picked up her story but that local police and Troopers were not able to
investigate as a hate crimes because sexual identity and sexual orientation were not listed as
aggravators in state law. She added the resolution told the LGBTQ community the City wouldn 't
tolerate hate crimes and were showing leadership for treating others with dignity and respect.
Audrey Gifford thanked Vice Mayor Molloy and Council Member Navarre for attending the town
hall meeting. She noted approximately 3. 7% of Americans identified as LGBTQ and based on
the population of the City of Kenai that equaled about 288 . She also pointed out that orientation
ranked as third highest in hate crimes with the first two being considered aggravators for hate
crimes .
Leslie Byrd suggested the population of LGBTQ in the community was likely higher than
previously suggested. Suggested there was nothing for anyone to lose except time to argue it.
She also noted people act in reflection of their shared values and asked that the Council lead in
a positive and inclusive manner. Leslie also noted that in some laws, premeditation was more
egregious , even if it ended in the same result due to the state of mind of the offender. Leslie
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added that some believed it wasn't necessary to add sexual orientation and sexual identity to the
laws but noted the Un ited States weren 't there yet and so protected classes were needed .
April testified in favor of the resolution noting she moved from the East Coast to Kenai to be safe ;
adding that she would be fired as a pastor where she came from, that her child would be bullied,
and that she still does not feel safe holding her wife 's hand in public. She added that being called
derogatory names was hard as was moving 7,000 miles from home to be a pastor because that
was what she was called to do . She added that the gas line to her vehicle had been cut since
she has been in this community.
Susan Smalley spoke in favor of the Resolut ion noting that she was mad that this action was
needed speaking to message crimes and expla ining that was sending a message to the recipien t
that they were not safe in the community and was done by cowards. She noted people in the
community had their heads in the sand and noted she was an ally; a heterosexual living in in a
climate which came from folks sitting back and allowing the message crimes to happen. Ms.
Smalley noted that House Bill 198 was a way to get to a place where the LGBTQ community
would be treated with dignity adding that hearts couldn 't be changed but behavior could.
Rebecca Heinsberger empathized with what Ms. Willis endured but spoke against passage
suggesting all people should be receiving the same protection . She suggested that there being
special classes didn't seem fair and noting her situation as an abused wife didn't qualify for any
of the aggravation categories.
Barbara Jedlicki noted she was grieved and saddened by how people were being treated in the
community and adding that she , too, was a victim of an ex-husband, noting the piece of paper
protection orde r sometimes didn 't stop them . She spoke in favor of everyone being protected bu t
spoke against dedicating classes suggesting it was a "Pandora's Box" and getting out of hand .
There being no one else wishing to be heard, the public hearing was closed.
The City Attorney provided clarification that the reso lution supported House Bill 198 which
proposed t he addition of two aggravating factors to statute. He added that criminal charges have
presumptive sentencing guidelines , which were not to be deviated from too much . He noted there
were thirty-six aggravating factors altogether, which included domestic violence, and those listed
in the statute this House Bill was amending. He also noted this statute amendment would bring
the state statute in line with federal laws making them federal hate crimes because of the victim 's
gender identity or se xual orientation , race, creed, religion , et c.
The recent town hall meeting, not seeing the harm or hurt in the community, the hurt, the town
meeting being an opportunity for those that were hurt to speak, the fear of speaking, being
targeted, the aggravator addition being a fi rst step providing tolerance and equity until another bill
brought forth were topics discussed .
New information , the issue of public safety, testimony from the LGBTQ community and allies,
wanting people to feel safe in places in Kenai , Kenai 's cooperative relationship with other law
enforcement agencies were additional topics discussed .
Clarification was prov ided that crimes against the LGBTQ community were not considered hate
crimes in Alaska statute and many aggravators were in statutes based on the crime committed.
Clarification was provided that if KPD were to be a part in a hate crime , they would pass on to the
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state prosecutor if it was felt a class or aggravator was involved and it was up to the prosecutor
to pass the aggravator information on to the FBI.
It was suggested the House Bill fell short in what the LGBTQ community needed but was a step
in the right direction.
Given all the other considerations or aggravators elsewhere sexual identity or sexual orientation
not being seen as adding special treatment, freedom from fear, the matter being a question of
how to do it, speaking as community leaders, crimes often not being premeditated, crimes being
generational, everyone's right to be treated equally, and prosecution to the fullest extent of the
law were additional topics discussed .
VOTE:
YEA: Knackstedt, Glendening, Molloy, Pettey , Navarre
NAY: Gabriel, Peterkin
MOTION PASSED.
6. Resolution No. 2020-06 -Designating the Investment and Allocation Plan for the
City 's Permanent Funds and Establishing Appropriate Benchmarks to Measure
Performance for Calendar Year 2020 . (Administration)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No . 2020-06 and Council Member Knackstedt
SECONDED the motion. UNANIMOUS CONSENT was requested .
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed .
The Finance Director was thanked .
Clarification was provided that legislation would be coming back on how to distribute earnings
and when .
VOTE: There being no objections , SO ORDERED.
7. Resolution No. 2020-07 -Supporting Sound Fisheries Management Practices and
Diversified Harvest Opportunities in the Cook Inlet. (Mayor Gabriel)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No . 2020-07 and Council Member Pettey
SECONDED the motion . UNANIMOUS CONSENT was requested.
Mayor Gabriel opened for pub li c hearing; there being no one wishing to be heard , the public
hearing was closed .
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It was not ed the re solution was consistent with res olutions adopted in the past with e xpanded
improvements and was t ime sensitive; it was consistent with ongoing dialogue with the Board of
Fisheries each year.
VOTE: There b eing no objections, SO ORDERED.
E. MINUT ES
1. *Regular Meeting of January 15, 2020. (City Clerk)
Approved by the c onsent agenda.
2 . *Work Session of January 15, 2020. (City Clerk)
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 -Non-Objection to the Issuance of a New Standard Marijuana
Cultivation Facility License for Majestic Gardens. (City Clerk)
Approved by the consent agenda.
3 . *Action/Approval -Non-Objection to New Liquor Lice nse Renewals for the Main
Street Tap & Grill. (City Clerk)
Approved by the consent agenda.
4 . *Ordinance No. 3103-2020 -Accepting and Appropriating a Grant from the Alaska
State Library for Employee Travel and Train ing . (Administration)
Introduced by the consent agenda and public hearing set for February 19, 2020.
5 . *Ordinance No. 3104-2020 -Accepting and Appropriating a Federal Grant from the
Institute of Museum and Library Services Passed Through the Alaska State Library
for Employee Trave l a nd Tra ining. (Administration )
Introduced by the consent ag e nda and public hearing s e t for February 19, 2020.
6. Ordinance No. 3105-2020 -Accepting and Appropriating Two Donations From the
Totem Tracers and the Friends of th e Kena i Community Library for the Upgrade of
Library Equipment. (Adm inistration)
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[Clerk's Note: This item was moved to the Consent Agenda during approval of the agenda.]
Introduced by the consent agenda and public hearing set for February 19, 2020 .
7 . Action/Approval -Mayoral Nomination for Appointment to the Airport
Commission . (Mayor Gabriel)
MOTION:
Council Member Knackstedt MOVED to confirm the appointment of Derek Leichliter to the Airport
Commission . Vice Mayor Molloy SECONDED the motion and requested UNANIMOUS
CONSENT.
VOTE: There being no objections; SO ORDERED.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging -A reminder for March for Meals was provided and it was noted the
February meeting cancelled; Next meeting March 12.
2. Airport Commission -It was noted the commission was excited for the roof to be on
the terminal after the Terminal Rehabilitation Project; next meeting February 13 .
3. Harbor Commission -It was noted the US Coast Guard coming to the ne xt meeting
on February 10 .
4. Parks and Recreation Commission -No report; next meeting February 6.
5. Planning and Zoning Commission -It was reported the Commission made
recommendations on the publication ordinance and discussed the upcoming planning
conference; next meeting February 12.
6 . Beautification Committee -No report; next meeting April 14.
7. Mini-Grant Steering Committee -No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended Joanna Hollier's memorial service;
• Attended the recent KPBSD School Board informal dinner meeting;
• Planned to attend the upcoming Board of Fisheries meetings;
• Expressed appreciation for the debate at this meeting; noted he hoped the
criminal was apprehended .
J . ADMINISTRATION REPORTS
1. City Manager -City Manager P. Ostrander reported on the following:
• Attending the upcoming Board of Fisheries meeting noting two proposals, based
on past direction, that he planned to speak to;
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MOTION :
Council Member Navarre MOVED to direct t he City Manager and Mayor, if possible, to testify on
Proposals 85 and 145, as well as others that might impact the City of Ke na i and requested
UNANI MOUS CONSENT. Counc il Member Peterkin SECON DED the motion .
VO TE: The re being no objection ; SO ORDERED.
Additionally, the manager reported on the following :
• Met with two residents regarding a Return of the Reds Festival on June 61h;
• Noted continued work on a fleet replacement plan;
• Noted continued work on negotiating airline operating agreements ;
• Noted the operation agreement for the Fire Training Cente r would need to be
renegotiated after renovations ;
• Noted work on the Capital Improvement Project list and an upcoming work
session for introduction of the list;
• Noted more clarity expected on February 19 regarding the Bluff Erosion Proj ect
after decisions from the Office of Management and Budget and meetings with the
Alaska District and federal delegation .
2 . City Attorney -No report.
3. City Clerk -City Clerk J. Heinz noted an upcoming conference . Also noted ongoing
meetings with the Kenai Peninsula Borough Clerk and City Clerks around the
Peninsula regarding elections; a consultant was performing a feasibility study for the
borough .
K. ADDIT IONAL PUBLIC COMMEN T
1. Cit izens Comments (Public comment limited to five (5) minutes per speaker)
Duane Bannock led the room in singing Happy Birthday to Council Member Knackstedt.
Leslie Byrd thanked the Council for their vote and invited them to ally trainings.
Carol Freas noted the upcoming pie auction for Kenai Senior Connection.
2. Council Comments
Council Member Pettey -noted she was thankful to have raised her family in the community and
noted two memorial services attended .
Council Member Knackstedt e xpressed appreciation for Joanna Hollier's Celeb ration of Life
service .
Council Member Navarre noted he attended Joanna Hollier's Celebration of Life service and
expressed gratitude for the first generation of Kenai.
Cou nc il Member Glendening noted he also attended Joanna Hollier's Celebration of Life serv ice .
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Council Member Peterkin expressed it was an honor to live in this community.
Vice Mayor Molloy agreed with being grateful to live in the community.
L. EXECUTIVE SESSION -None.
M. PENDING ITEMS -None.
N. ADJOURNMENT
There being no further business before the Council , the meeting was adjourned at 9:48 p .m .
I certify the above represents accurate minutes of the Kenai City Council meeting of February 5,
2020.
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February 5 , 2020
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