HomeMy WebLinkAbout2021-09-15 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
SEPTEMBER 15, 2021 — 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 September 15, 2021, 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
Victoria Askin
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
MOTION:
Robert Molloy
Teea Winger
Glenese Pettey
Mayor Gabriel noted the following additions to the packet:
Add to item D.1
Add to item D.7.
Add to item D.B.
Add to item J.1
City of Kenai Council Meeting
September 15, 2021
Ordinance No. 3224-2021
• Amendment Memo
Ordinance No. 3243-2021
• Public Comments
Ordinance No. 3245-2021
• Amendment Memo
City Manager's Report
Auction Memo
Add to item O. Information Items
Cook Inlet Regional Citizen's Advisory Council Director's
Report
Vice Mayor Molloy MOVED to approve the agenda with item D7 moved to D1 and the rest of the
agenda renumbered and adding the requested revisions and requested UNANIMOUS CONSENT.
Council Member Pettey 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. Vice Mayor Molloy 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 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
Coy West - City of Kenai Marketing Update.
Mr. West discussed the ongoing marketing efforts for the City to assist businesses and promote
events; also marketing the City for relocation and travel opportunities using geofence technology
to target travelers in Anchorage, Mat -Su, and the Kenai Peninsula. He also discussed reach,
results, and demographics of the efforts. Mr. West provided an overview of the social media
presentation they provided to business owners at the Kenai Chamber of Commerce and Visitor
Center and reviewed the Silver Salmon Derby marketing and sponsorships. He also showed some
photos captured over the summer for marketing purposes and discussed plans for future promotion
of the City.
C. UNSCHEDULED PUBLIC COMMENTS — None.
D. PUBLIC HEARINGS
City of Kenai Council Meeting Page 2 of 18
September 15, 2021
[Clerk's Note: Agenda item D.7. was moved to D.1. and the remainder of the public hearings were
r renumbered.]
Ordinance No. 3243-2021 - Amending Kenai Municipal Code 14.20.150 -Conditional
Use Permits, to Clarify Roles and Responsibilities of Applicants, the Planning
Director, and the Planning Commission in the Conditional Use Process and Make
Housekeeping Changes. (Vice Mayor Molloy)
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3243-2021 and Council Member Knackstedt
SECONDED the motion.
Mayor Gabriel opened the floor for public comment.
Jim Richardson spoke in support of the ordinance noting it would help provide reasonable
enforcement for the property owners and the City. He noted difficulties in recent hearings
pertaining to Conditional Use Permits noting the fears of the Conditional Use Permit process. He
also spoke of difficulties in the last three years. Mr. Richardson spoke in support of specifying how
the conditions of a Conditional Use Permit was compatible with residential areas and what it took
to revoke a Conditional Use Permit.
Charlotte Coots spoke in support of the ordinance noting the specific guidelines and rules provide
for protections for neighborhoods and what to expect when a Conditional Use Permit is applied for
by a neighbor. She added that it was helpful when property owners could rely on the Planning and
Zoning Commission when a Conditional Use Permit was granted and how the business would
affect the neighborhood. She suggested the ordinance would help improve the process for those
already living in the neighborhood.
Ron Rigalski thanked the Council for their work and spoke in support of the ordinance. He noted
he would add, based on recent experience, some normalization, control, and teeth in the process;
being clear about what happens when there is a violation. Mr. Rigalski noted there was a reason
for zoning and a master plan.
Rusty Huff spoke in support of the ordinance suggesting it was overdue. He added that he's seen
the City grow exponentially and believed that we've outgrown the Conditional Use Permit
processing and zoning. He noted the Conditional Use Permits for commercial operations in
residential neighborhoods were difficult and didn't believe they belonged, especially in a high-
density residential neighborhood. Mr. Huff also noted that when permits transferred from one
permittee to another and wanted to expand the scope, the applicants should be made to reapply
and go through the process again so neighborhoods weren't bombarded with more in their
neighborhoods. Finally, Mr. Huff reiterated the importance that the burden should be placed on the
applicants seeking a Conditional Use Permit, not the neighborhood to fight for survival.
Rick Baldwin expressed appreciation for the ordinance and supported the changes. He requested
additional changes, noting a recent Board of Adjustment hearing where the applicant represented
a small operation, but the representations weren't included in the application or presented to the
Commission, and the Commission accepted the representations of the small operation; there were
no conditions in the permit holding the applicant to the small operation represened and, once a
permit was issued, the City had no recourse to hold the permit holder to anything except the
LJ conditions in the permit. The change he requested was to add to 14.20.150 (e) (6), that the permit
City of Kenai Council Meeting Page 3 of 18
September 15, 2021
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shall reflect all special restrictions or conditions under which the applicant proposes to operate,
and under (g), Staff Report, provide that the staff report shall set forth all variations between the
typical use for which the application has been made and the uses proposed by the applicant,
including specific limitations of the use as apparent on the application noting those provisions
would put more teeth into the ordinance.
Kellie Kelso spoke in support of the ordinance noting the main function of a neighborhood was to
provide a peaceful space for neighborhoods and Conditional Use Permits, infringed on the
peaceful space. She was excited to see the changes including consideration for the economic
and non -economic impact of a neighborhood.
Francis and Mark Yurik spoke in support of the ordinance noting that in their experience the last
few months, the Conditional Use Permit process was unclear and confusing; adding that the
provisions in the ordinance would make it more transparent.
Kristine Schmidt noted she has been attending meetings for many years and believes this is a
much-needed amendment to the code, adding that this is a good start and the whole process could
be added to or improved on in the future.
There being no one else wishing to be heard, the public comment period was closed.
Gratitude was expressed for everyone coming out to testify. It was noted that it was important to
Council that the Planning and Zoning Commission weighed in. Vice Mayor Molloy was thanked
for sponsoring the ordinance
Concern was expressed that denial and modification was discretionary and should be supported
by findings. It was suggested that Planning Director's comments during his presentations not be
discretionary and, if the Commission disagreed with the Director, they should provide findings to
support their position. Concern was also expressed that the economic value was subjective.
Clarification was provided that, in the situation of a zoning change, a Conditional Use Permit would
provide grandfather rights for the use but wouldn't be allowed to expand or grow.
It was noted that the point of this ordinance was to clarify roles; that the Planning Director was to
be the professional that assists the applicant with understanding code, Comprehensive Plan,
questions in the application, and what was needed to make a complete application in order for a
complete review. It was further noted that this ordinance wasn't to pre -judge anything; it left the
job of granting, modifying, denying, or adding conditions, to the Planning and Zoning Commission.
It was also noted that this ordinance was a great start in making sure the residential areas were
given opportunity for favorable space to live but also give guidance where there is opportunity for
Conditional Use Permits and business friendly neighborhoods. Gratitude was expressed for the
Planning and Zoning Commission and their diligent work diligently.
Concern was expressed with tying permits back to the Comprehensive Plan because not many
knew wat a Comprehensive Plan was; also heard the public comments that teeth and recourse
were needed.
Clarification was provided that the burden of proof was on the applicant and the proof was provided
at the public hearing, making the hearing as beneficial as possible for the Planning and Zoning
City of Kenai Council Meeting Page 4 of 18
September 15, 2021
Commission and public. It was noted that an applicant can prepare for the Conditional Use Permit
Process by meeting with the Planning Director.
MOTION TO AMEND:
Vice Mayor Molloy MOVED to amend Ordinance No. 3243-2021 by amending the last whereas
clause to read, "Whereas on September 8, 2021 the Planning and Zoning Commission met and
recommended the City Council enact this Ordinance with amendments." Council Member
Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
MOTION TO AMEND:
Vice Mayor Molloy MOVED to amend Ordinance No. 3243-2021 by adding the following to the end
of KMC 14.20.150 new section (d) to read as follows, "Public Hearing. If the application is in order,
a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280. An
applicant must be present in person or by remote device for the application to be considered at the
public hearing. If the applicant or representative is not present at the scheduled public hearing and
has not provided a reasonable timely notice of unavailability to the Planning Department or
Commission, the application will be dismissed by the Commission without a public hearing and the
applicant may reapply at any time after paying a new application fee." Council Member Pettey
SECONDED the motion.
Clarification was provided that the Commission would determine reasonable timely notice;
postponement was another option the Commission could use with timely notice. Clarification was
also provided that a representative would be someone of the applicant's choosing.
UNANIMOUS CONSENT was requested.
It was requested that a voice vote be taken.
VOTE ON THE AMENDMENT:
YEA: Gabriel, Winger, Glendening, Molloy, Pettey, Askin, Knackstedt,
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Vice Mayor Molloy MOVED to amend Ordinance No. 3243-2021 by amending the paragraph in
KMC 14.20.150 new section (e) to add the word, "dismiss," so the first sentence of the paragraph
would read, "The Commission may approve, approve with conditions, dismiss or deny the
application." Council Member Knackstedt SECONDED the motion and requested UNANIMOUS
CONSENT.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
MOTION TO AMEND:
City of Kenai Council Meeting Page 5 of 18
September 15, 2021
Vice Mayor Molloy MOVED to amend Ordinance No. 3243-2021 by amending the last sentence of
the paragraph on compliance notices to read as follows, " if the administrative official determines
the permit holder is in compliance with the conditions in this subsection, or notifies the permit
holder of a potential violation in writing, the administrative official shall send any notice of
compliance or notice of violation to the Commission and the permit holder in a timely manner," and
Council Member Knackstedt SECONDED the motion.
Clarification was provided that the Commission wanted to know about violations sent with the
understanding that they might later be involved in a revocation hearing on the matter and were
unable to discuss the violations with anyone. Clarification was also provided that violation was a
violation of the conditions and that an investigation would be done prior to the revocation process
or a notice of violation letter; however, if a complaint from the neighbor staff would look in to it but
the complaint may not rise to the level of a violation unless they were able to verify the complaint.
Finally, clarification was provided that noise and curfew violations would be handled in the same
way as anyone in the City if there were no conditions in the permit.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
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Council Member Glendening MOVED to amend Ordinance No. 3243-2021 by amending the last
sentence in KMC 14.20.150 (a) by deleting the words, "is discretionary," and replace them with,
"must be supported by findings," and Council Member Winger SECONDED the motion.
It was suggested that anything done with a Conditional Use Permit should be supported by
findings. It was further suggested that the term discretionary was loose and could be tightened up
by being supported with findings.
There was opposition to the amendment noting that the requirement for findings was in the
ordinance already, later in that section, where there was a requirement to provide findings on the
six specific review criteria and that it has always been up to the Commission's discretion when to
grant or modify a Conditional Use Permit when considering the criteria.
VOTE:
YEA: Glendening, Winger
NAY: Molloy, Pettey, Askin, Knackstedt, Gabriel
MOTION TO AMEND:
Council Member Glendening MOVED to amend Ordinance No. 3243-2021 by replacing the word,
,.may," with the word, "shall," in the second sentence of the paragraph in 14.20.150 (g) so the
sentence reads, "The staff report may contain any information deemed pertinent by the Planning
Director or Designee, and shall include a recommendation and proposed findings on whether the
requirements of this Chapter have been met and whether any additional specific conditions are
recommended," and Council Member Winger SECONDED the motion.
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September 15, 2021
There was objection to the amendment suggesting that it should be left up to the professional
judgement of the Planning Director whether or not to give a recommendation for his staff report.
It was suggested that it was important that a recommendation and proposed findings be included
by the staff.
The Planning Director noted that the word, "shall," makes it a requirement and in a case where a
recommendation may be hard to come by or staff wanted to remain neutral, by including, "shall,"
makes it a requirement. He added that he attended and answered questions that arose in
Commission meetings regarding code requirements.
VOTE ON THE AMENDMENT:
YEA: Glendening, Winger
NAY: Molloy, Pettey, Askin, Knackstedt, Gabriel
MOTION FAILED.
It was noted that this was the first of many comprehensive changes to the Planning and Zoning
code and ordinances would be brought forth in the future to address more of the public's concerns.
It was noted different neighborhoods have different characteristics and there needs to be a balance
with residential and Conditional Use Permits. It was also noted that reconciliation with covenants
also needed to happen to provide clarity to the Planning and Zoning Commission.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Molloy, Pettey, Askin, Knackstedt, Gabriel, Winger, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title
6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice
Mayor Molloy and City Clerk)
• Substitute Ordinance No. 3224-2021
[Clerk's Note: At the August 4 Council Meeting, this item was postponed to the
September 15 Council Meeting for a second public hearing. A motion to enact is on
the floor.]
Mayor Gabriel opened the floor for public comment.
April Orth don't expect anything nefarious is included but is interested in going over in a public
setting; missed the work session. She expressed concern with the code rewrite given the level of
concern for elections in the community.
Cathy Medcoff agreed with April noting that the ordinance was a lot to look at and would appreciate
more time.
There being no one else wishing to be heard, the public comment period was closed.
City of Kenai Council Meeting Page 7 of 18
September 15, 2021
The timeline, from introduction to present, was provided noting the work session was recorded. It
was noted the ordinance was a reorganization of the code with some new policies to better align
with the borough as the City was not using state equipment any longer but using the borough's
equipment.
MOTION TO AMEND BY SUBSTITUTE:
Vice Mayor Molloy MOVED to amend Ordinance No. 3224-2021 by substitute and Council Member
Pettey SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE TO AMEND BY SUBSTITUTE: There being no objections, SO ORDERED.
MOTION TO AMEND:
Vice Mayor Molloy MOVED to amend Ordinance No. 3224-2021 by replacing the word parking
with marking in the third line of section 6.35.030 (a)(1). Council Member Knackstedt SECONDED
the motion and requested UNANIMOUS CONSENT.
VOTE TO AMEND: There being no objections, SO ORDERED.
MOTION TO AMEND:
Council Member Glendening MOVED to amend Ordinance No. 3224-2021 by striking the words,
,.a person," and replacing them with, "one United States citizen," in the last sentence of 6.30.050
(c), adding the following sentence as the last sentence, "a self -certification of the witness's
qualifications may be accepted," and adding "a self -certification of the witness's qualifications may
be accepted," as the last sentence of 6.30.060 (c)(2) Council Member Winger SECONDED the
motion.
VOTE ON THE AMENDMENT:
YEA: Pettey, Askin, Knackstedt, Gabriel, Winger, Glendening, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Winger MOVED to amend Ordinance No. 3224-2021 by adding section 6.25.015
— Voting Devices and Machines (a) Voting devices and machines will be used for all regular and
special elections unless determined not to be practical by the Clerk. The laws of the State
concerning voting devices and machines are incorporated in this chapter as if fully set out in this
chapter except for provision in conflict with this chapter. (b) The election official shall designate the
computers to be used in counting the ballots and may negotiate a contract with the Kenai Peninsula
Borough or a private computer service for the needed computer services. (c) Computers and voting
machines may not be plugged into phone, internet, Bluetooth, or fiber optic cables during open
polling hours. Council Member Pettey SECONDED the motion.
City of Kenai Council Meeting Page 8 of 18
September 15, 2021
It was noted that Kenai Peninsula Borough legislation doesn't address the specific issue of the
machines being plugged into phone, internet, etc., during operating hours.
It was noted the second sentence of (a), regarding the laws of the State being incorporated, was
not needed.
MOTION TO AMEND THE AMENDMENT:
Council Member Knackstedt MOVED to amend the amendment by striking the second sentence
in (a) and Vice Mayor Molloy SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE TO AMEND THE AMENDMENT: There being no objections, SO ORDERED.
Clarification was provided that connection to Bluetooth was not by plugging in; also noted that the
list was not an exhaustive list. Alternative language was suggested that machines may not be
connected to any device outside of the polling place.
MOTION TO AMEND THE AMENDMENT:
Council Member Winger MOVED to amend the amendment by amending (c) to state, "computers
and voting machines may not be connected to any device during open polling hours," and Vice
Mayor Molloy SECONDED the motion.
The motion was withdrawn with the concurrence of the second.
MOTION TO AMEND THE AMENDMENT:
Council Member Winger MOVED to amend the amendment by amending (c) to state, "any device
connected to computers or voting machines must be a part of a closed system during open polling
hours," and Vice Mayor Molloy SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE TO AMEND THE AMENDMENT:
MOTION TO AMEND:
There being no objections, SO ORDERED.
Council Member Winger MOVED to amend Ordinance No. 3224-2021 by adding section 6.20.070
— Polling Locations (a) The City of Kenai shall be composed of such election precincts as may be
set up or modified by the State of Alaska for all City elections, both regular and special. The polling
places will be as designated by the State of Alaska, Division of Elections. (b) Changes of the polling
places may be accomplished by the Council by motion, resolution, or ordinance. (1) a polling place
my only be changed in a catastrophic event such as flooding, long power outages, unsafe building
damage and/or fire. Council Member Glendening SECONDED the motion.
Concern was expressed that the Council may change polling places but that polling places may
only be changed for specific reasons which could cause confusion.
City of Kenai Council Meeting Page 9 of 18
September 15, 2021
It was noted that there needed to be consistency in polling places and the City, Borough, and State
need to be able to work out polling place changes together.
It was suggested that in a State House of Representatives race in Anchorage, the candidate who
lost the election believed the loss could be attributed to a polling location change, and to prevent
the situation happening in Kenai, the amendment was offered.
Clarification was provided that the polling locations and addresses are published, that Election
Supervisors try very hard for consistency in locations of polling places year after year. Situations
over the last 20 years which required polling locations be changed, including terrorist attacks,
natural disasters, and a pandemic were reviewed. Staff expressed concern about a potential
situation where the Borough was changing polling locations and the City not having the flexibility
to change as well, leaving the City without election equipment, due to this provision.
It was noted that polling locations change periodically due to property owner situations and the
voters are provided notice; also noted there were many good reasons for changing a polling
location.
It was suggested emergency meetings could be called by the Mayor to get a polling location
changed.
VOTE TO AMEND:
YEA: Glendening, Winger
NAY: Molloy, Pettey, Askin, Knackstedt, Gabriel
711910411 1r119"1
Council Member Glendening MOVED to postpone to the October 6 meeting and hold a third public
hearing and Council Member Winger SECONDED the motion.
It was asked that any questions of the Clerk come before October 6 so time could be given to
prepare a response due to the work of an election and a City Council meeting taking place in the
same timeframe.
An overview of the timeline was provided. It was noted that amendments could be brought forth
to make changes prior to the ordinance becoming effective.
There was support for postponement due to the requests from the public.
Concern was expressed that codes from municipalities other than the Kenai Peninsula Borough
were adapted and included.
It was noted that it was unfortunate that local government couldn't be trusted when it came to
elections for fear of something that may or may not be an underlying reason or an agenda; it was
also noted that the purpose of the ordinance was a reconciliation with current code, past practice,
and state law being fleshed out. It was further noted that another ordinance could be brought forth
if it was discovered an amendment needed to be made; there had been an appropriate amount of
time for the public to weigh in.
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September 15, 2021
VOTE TO POSTPONE:
YEA: Glendening, Winger
NAY: Molloy, Pettey, Askin, Knackstedt, Gabriel
MOTION FAILED.
Clarification was provided that certain provisions in the old code were provided for in a
Memorandum of Agreement with the Kenai Peninsula Borough.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Molloy, Pettey, Askin, Knackstedt, Gabriel
NAY: Winger, Glendening
MOTION PASSED.
3. Ordinance No. 3238-2021 - Accepting and Appropriating an Interlibrary Cooperation
Grant from the Alaska State Library for the Kenai Community Library Storywalk®
Project. (Administration)
MOTION:
Council Member Askin MOVED to enact Ordinance No. 3238-2021 and Council Member
Knackstedt 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.
An overview of the program was provided by the Library Director.
VOTE:
YEA: Molloy, Pettey, Askin, Knackstedt, Gabriel, Winger, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
4. Ordinance No. 3239-2021 - Increasing Estimated Revenues and Appropriations in
the General Fund — Police Department and Accepting a Grant From the Department
of Justice Passed Through the Alaska Internet Crimes Against Children Task Force
for the Purchase of Forensic Software. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3239-2021 and Council Member
Askin 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.
City of Kenai Council Meeting Page 11 of 18
September 15, 2021
VOTE:
YEA: Molloy, Pettey, Askin, Knackstedt, Gabriel, Winger, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
5. Ordinance No. 3240-2021 - Amending Kenai Municipal Code Section 23.55.030 —
Qualification Pay, to Amend the Salary Ranges to Accurately Reflect Recognition
Pay and Entitlements. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3240-2021 and Council Member
Pettey 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:
YEA: Pettey, Askin, Knackstedt, Gabriel, Glendening, Molloy, Winger
NAY:
MOTION PASSED UNANIMOUSLY.
6. Ordinance No. 3241-2021 - Declaring that, T 5N R 11 W Sec 6 Seward Meridian KN
0002970 Original Townsite of Kenai Lot 3 Blk 8, Also Known as 604 Inlet Street,
Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was
Peter F. Mysing, Whose Address is, PO Box 8134, Nikiski, Alaska, 99635-8134 and
Estate of Peter F. Mysing CO/ Dale Dolifka, PO Box 498, Soldotna, AK, 99669-0498,
Shall be Retained by the City of Kenai for a Public Purpose. (Administration)
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3241-2021 and Council Member Askin
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.
MOTION TO AMEND:
Council Member Pettey MOVED to amend Ordinance No. 3241-2021 by replacing the blank in the
sixth WHEREAS with "September 9, 2021." Vice Mayor Molloy SECONDED the motion and
requested UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objection; SO ORDERED.
VOTE ON THE MAIN MOTION AS AMENDED:
City of Kenai Council Meeting Page 12 of 18
September 15, 2021
YEA: Molloy, Pettey, Askin, Knackstedt, Gabriel, Winger, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
7. Ordinance No. 3242-2021 - Declaring that, T 5N R 11 W Sec 5 Seward Meridian KN
0002970 Original Townsite of Kenai Lot 3 Blk 20, Also Known as 905 Mission
Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment
Records Was Keith K. Knight, General Delivery, Kenai, Alaska, Shall be Retained by
the City of Kenai for a Public Purpose. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3242-2021 and Vice Mayor 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.
MOTION TO AMEND:
Council Member Pettey MOVED to amend Ordinance No. 3242-2021 by replacing the blank in the
sixth WHEREAS with "September 9, 2021." Vice Mayor Molloy SECONDED the motion and
requested UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objection; SO ORDERED.
It was noted that the plat number associated with the property was the same; clarification was
provided that the plat number could be amended administratively if it was incorrect.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Gabriel, Winger, Glendening, Molloy, Pettey, Askin, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
8. Ordinance No. 3245-2021 - Authorizing a Budget Transfer in and Increasing
Estimated Revenues and Appropriations in the Congregate Housing Fund for the
Purchase and Installation of Equipment to Provide Residents Basic Television and
Wireless Internet Service. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3245-2021 and Vice Mayor 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.
City of Kenai Council Meeting Page 13 of 18
September 15, 2021
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Section 2 of Ordinance No. 3245-2021 by
increasing the appropriation of retained earnings to $12,228, increase repair and maintenance to
$9,599, and to increase the total for increase appropriations to $12,228. Council Member Pettey
SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objection; SO ORDERED.
Clarification was provided that the timeline for the installation could be that the tenants would be
without internet service for up to a month. Clarification was also provided that staff had
communicated the plans for implementation to the tenants and they were satisfied.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Askin, Knackstedt, Gabriel, Winger, Glendening, Molloy, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
9. Resolution No. 2021-57 - Declaring a Right -Of -Way for a 60' by 254' Portion of the
Frontage Road Along Wildwood Drive as Dedicated on Lot 4-A, Block 8, Black Gold
Estates Subdivision No. 2 (Plat KN 84-76), and as Set Forth on the Attached Exhibit
"A" is Not Needed for a Public Purpose and Consenting to its Vacation.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-57 and Council Member
Glendening 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.
Clarification was provided that this was the last step in the process and finalization would take
place.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
10. Resolution No. 2021-58 - Authorizing an Agreement for Professional Engineering
Services to Provide Construction Documents for Sewer Lift Station Upgrades.
(Administration)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2021-58 and Council Member Glendening
SECONDED the motion.
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September 15, 2021
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
It was noted the lift station was one of the highest maintenance items in the city and this would go
a long way in maintaining the infrastructure.
VOTE: There being no objection; SO ORDERED.
E. MINUTES — None.
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 Renewal of Marijuana Licenses for Grateful
Bud, LLC. (City Clerk)
Approved by the consent agenda.
3. *Action/Approval - Appointing Election Precinct Boards for the October 5, 2021
Regular Election. (City Clerk)
Approved by the consent agenda.
4. *Action/Approval - Special Use Permit to RAVN for Warm Storage. (Administration)
Approved by the consent agenda.
5. *Ordinance No. 3246-2021 - Accepting and Appropriating an Airport Improvement
Program Grant from the Federal Aviation Administration in the Airport Equipment
Capital Project Fund for the Purchase of Snow Removal Equipment— Multi -Purpose
Broom/Blower. (Administration)
Introduced by the consent agenda and Public Hearing set for October 6, 2021.
6. *Ordinance No. 3247-2021 - Increasing Estimated Revenues and Appropriations in
the Water and Sewer Special Revenue and Water and Sewer Improvements Capital
Project Funds, Awarding a Professional Services Agreement and Corresponding
Purchase Order for Mission Avenue Water Main Repairs. (Administration)
Introduced by the consent agenda and Public Hearing set for October 6, 2021.
7. Discussion — Request to Schedule a Joint Work Session for the Draft Land
Management Plan. (Administration)
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September 15, 2021
It was decided a joint work session, with City Council, Planning and Zoning Commission, Harbor
Commission, Parks and Recreation Commission and the Airport Commission would take place on
Monday, October 11, 2021 from 5:00 — 7:00 p.m. with the location to be determined based on
having enough space.
8. Discussion — Set a Special Meeting for City Clerk Candidate Review. (City Clerk)
It was decided a special meeting would be scheduled for Monday, September 20, 2021 at 6:00
p.m. to review City Clerk candidates.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging — No report. Next meeting October 14, 2021.
2. Airport Commission — Council Member Knackstedt reported on the meeting of
September 9, 2021. Next regular meeting October 14, 2021.
3. Harbor Commission — No report. Next meeting November 8, 2021.
4. Parks and Recreation Commission — Noted Director Frates would be missed; also
noted the upcoming Kenai Peninsula Marathon. Next meeting October 7, 2021.
5. Planning and Zoning Commission —Council Member Winger reported on the meeting
of September 8, 2021. Next meeting October 13, 2021.
6. Beautification Committee — Council Member Asking reported on the meeting of
September 14, 2021. Next meeting October 12, 2021.
7. Mini -Grant Steering Committee — No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Hoped everyone enjoyed their Labor Day Weekend;
• Commended Director Frates for his many years of service to the City;
• Attended the Chamber Luncheon where a Candidate Forum was hosted noting
the three candidates who attended were well prepared; recognized the
candidates for their courage to run for Council;
J. ADMINISTRATION REPORTS
1. City Manager — City Manager Ostrander reported on the following:
• Furie Operating of Alaska used the City Dock last week and are interested in
continued use for the next several months;
• Met with the four non -incumbent City Council candidates;
• Meeting with Fire Chief Prior, Deputy Chief Anderson, and the state regarding
providing integrated health services to low acuity patients to keep bed free at the
hospital;
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September 15, 2021
• Kenai Silver Salmon Derby was ongoing; final wheel spin will be Monday
following event at 5:00 p.m. at the Visitor Center;
• HDR was continuing to collect data for the Bluff Erosion Project for the next six
to eight weeks then design process will get started; hoping to get 35% complete
drawings this calendar year.
2. City Attorney — No Report.
3. City Clerk — City Clerk Heinz reported that absentee voting was set to begin on
Monday, September 201h.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Marion Nelson gave an update on the Art Center; also noted that she sat on Kenai Peninsula
Tourism and Marketing Council and the questions the marketing team had were answered by work
already done by the Kenai Peninsula Tourism and Marketing Council
Alex Douthit thanked Council for approval of the replat; also noted that the Kenai Peninsula
Economic Development District recently did a marketing video regarding moving manufacturing
businesses to the Kenai Peninsula. Finally, Mr. Douthit spoke about work the Kenai Peninsula
Tourism and Marketing Council has done on digital marketing and were looking into an app.
2. Council Comments
Council Member Askin thanked the Council for the amendments on the Conditional Use Permit
ordinance and the election ordinance; got a lot accomplished tonight. She noted that she attended
the Kenai Historical Society event recently. She also recounted a conversation she had with a
new resident about moving to Kenai and the amount of money they saved in heating costs
Council Member Winger noted that she listened to the candidate forum adding that there were
great candidates running for Council. She noted that she had great conversations regarding the
Conditional Use Permit and Elections ordinances; thanked Vice Mayor Molloy. Council Member
Winger mentioned the upcoming Kenai River Marathon needed volunteers; also encouraged
property owners to look at removing dead or dying trees.
Council Member Pettey stated that she was proud to live in Kenai on Labor Day and thanked the
Parks and Recreation Department for the flags on the Highway. She also noted that she was
touched and thanked the Fire Department for their continual remembrance for 9/11. Finally,
Council Member Pettey provided a reminder for the Kenai Silver Salmon Derby suggesting it was
a great time to put your hook in the water.
Council Member Glendening noted he was glad to get the draft Land Management Plan as it
opened many opportunities. He also noted that he attended the City Council candidate forum and
was pleased with the questions and responses.
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September 15, 2021
Vice Mayor Molloy thanked the participants of the meeting and for providing public comments on
both the Conditional Use Permit and Election Code ordinances; also thanked his colleagues for
the amount of work that was put into the ordinances. He added that he appreciated dialogue and
expressed appreciation that the City Council would continue looking at Title 14. Vice Mayor Molloy
also reported that he attended the bell ringing ceremony on 9/11 noting it very good ceremony and
Chief Prior made a good presentation and the Central Emergency Services Pastor said some nice
prayers.
Council Member Knackstedt noted he attended a Kenai Historical Society meeting and enjoyed
the presentation on murders in Kenai in 1918. He also noted that he attended the candidate forum
adding that good questions were asked of the three individuals that were present. Finally, Council
Member Knackstedt noted he was going to Director Frates and recalled the tireless effort to set
events up yet still enjoying himself.
L. EXECUTIVE SESSION — None.
M. PENDING ITEMS — None.
N. ADJOURNMENT
O. INFORMATION ITEMS
Purchase Orders Between $2,500 and $15,000
There being no further business before the Council, the meeting was adjourned at 11:09 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of September 15,
2021.
0 •d• n
At
Heinz, MMC
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September 15, 2021