HomeMy WebLinkAbout2023-12-20 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
DECEMBER 20, 2023 — 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 December 20, 2023, 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
Phil Daniel
James Baisden
A quorum was present.
Absent:
Alex Douthit
Also in attendance were:
Henry Knackstedt, Vice Mayor
Deborah Sounart
Victoria Askin
**Xinlan Tanner, Student Representative
Terry Eubank, City Manager
Scott Bloom, City Attorney (remote participation)
David Swarner, Finance Director
Linda Mitchel, Planning Director
Scott Curtin, Public Works Director
Derek Ables, Airport Manager
Dave Ross, Police Chief
Shellie Saner, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the Packet:
Add to Item H. 3. *Action/Approval - Special Use Permit to Beacon Occupational Health
and Safety Services.
• Airport Commission Recommendation Memo.
Add Item H. 14. *Action/Approval - Letter Supporting KPEDD's Application to EDA for a
Three -Year Partnership Planning Program.
MOTION:
Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions.
Council Member Askin SECONDED the motion.
The items on the Consent Agenda were read into the record.
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December 20, 2023
Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing
to be heard, the public comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; 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 ADMINISTRATIVE REPORTS - None.
C. SCHEDULED PUBLIC COMMENTS
Services Provided by the LeeShore Center, Cheri Smith, Executive Director
Cheri Smith, Executive Director of the LeeShore Center addressed the Council regarding the History of
the LeeShore Center noting the center incorporated as a nonprofit in 1979; was build with volunteer
donated materials and the shelter doors opened in 1985. The center operates a 35-bed shelter and a 25-
bed transitional housing facility, providing services from Clam Gulch to Moose Pass; the shelter services
men, women and children; and are a part of the Sexual Assault Response Team for our community.
D. UNSCHEDULED PUBLIC COMMENTS
Marion Nelson, Kenai Fine Art Center Board President addressed the Council explaining the different
types of shows; the Call for Art; and the upcoming shows in 2024.
Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided
an update on the year end wrap up; pending corrections to the Old Town Walking Tour; the Moose Meat
Johns Cabin being closed for the foreseeable future do to needed repairs to make it safe for the public;
and summarized some of the upcoming 2024 events.
E. PUBLIC HEARINGS
1. Ordinance No. 3381-2023 - Repealing Kenai Municipal Code Appendices - Public Record
Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of
Public Records and Re -Enacting Kenai Municipal Code 10.40 - Access to Public Records.
(Baisden)
MOTION:
Council Member Baisden MOVED to enact Ordinance No. 3381-2023. Council Member Sounart
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.
It was reported that the re-enacted code would combine what was previously located in the appendices
and code and update it and the more substantial changes included a section for response by departments
which codified current practices related to fire and police requests; litigation disclosure; denials must
include reference to the law protecting the record from disclosure; and appeals would now go to the
Superior Court instead of to Council.
VOTE:
YEA: Gabriel, Daniel, Sounart, Knackstedt, Baisden, Askin
NAY: None
ABSENT: Douthit
**Student Representative Tanner: Yea
MOTION PASSED.
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December 20, 2023
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2. Ordinance No. 3382-2023 - Amending Kenai Municipal Code Chapter 7.05 Taxation of
Real and Personal Property to Provide an Exemption on the First $100,000 of Assessed
Valuation Other Than Motor Vehicles and Watercraft Owned by Each Taxpayer and
Making Housekeeping Changes. (Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart,
Douthit)
MOTION:
Council Member Baisden MOVED to enact Ordinance No. 3382-2023. Council Member Askin
SECONDED the motion.
Mayor Gabriel opened the floor for public comment.
Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center
addressed the Council regarding the letter of support included in the packet from the Kenai Chamber of
Commerce.
There being no one else wishing to be heard, the public comment period was closed.
It was reported that residents of the Kenai Peninsula Borough and City of Soldotna already had this
exemption; it would resulted in property tax relief of roughly $435 per year, an overall decrease to the
City of $35,000; however, would be an investment by the City in our local businesses.
There was discussion regarding how this would benefit the City.
VOTE:
YEA: Daniel, Sounart, Knackstedt, Baisden, Askin, Gabriel
NAY: None
ABSENT: Douthit
"Student Representative Tanner: Yea
MOTION PASSED.
3. Resolution No. 2023-66 -Adopting an Alternative Allocation Method for the FY24 Shared
Fisheries Business Tax Program and Certifying that this Allocation Method Fairly
Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries
Management Area 14: Cook Inlet Area. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-66. Council Member Baisden 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.
There was discussion regarding the amount being down and that the funding had never been a major
revenue source.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
4. Resolution No. 2023-67 - Authorizing a Contract Award and Corresponding Purchase
Order for the 2023 Community Wildfire Protection Plan Mitigation Phase Two Project.
(Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-67. Council Member Sounart SECONDED
the motion.
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Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that the Forest Service did not want trees cut when the beetles were active; trees cut on
steep terrain would remain where they fell and trees on level terrain would be removed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
5. Resolution No. 2023-68 - Declaring a Portion of Outside Way as Dedicated on Townsite
of Kenai (US Survey 2970) is No Longer Needed for a Public Purpose and Consenting to
Vacation of the Right -Of -Way. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-68. Council Member Baisden 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.
It was reported that a similar request was received and approved in 1994; however, the paperwork was
never filed with the Kenai Peninsula Borough; this would create a street on the back side; and this would
require the full 60-feet vacation.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
6. Resolution No. 2023-69 - Naming the Dedicated Right -Of -Way on the Preliminary Plat
for Kenai Townsite Oiler's 2024 Addition "Oiler's Street." (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-69. 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.
Support for the name was stated.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
F. MINUTES
1. *Regular Meeting of November 15, 2023. (City Clerk)
G. UNFINISHED BUSINESS - None.
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council
Approval in Accordance with KMC 7.15.020. (Administration)
Approved by the consent agenda.
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3. *Action/Approval - Special Use Permit to Beacon Occupational Health and Safety Services for
Use of Office Space at the Alaska Regional fire Training Facility. (Administration)
Approved by the consent agenda.
4. *Action/Approval - Special Use Permit to Alaska Sure Seal for Snow Storage. (Administration)
Approved by the consent agenda.
5. *Action/Approval - Special Use Permit to Schillings Alaska, Inc. for Snow Storage.
(Administration)
Approved by the consent agenda.
6. *Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the
Council on Aging and Beautification Committee. (Gabriel)
Approved by the consent agenda.
7. *Ordinance No. 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within
the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial
(CG) to Suburban Residential (RS) Zoning District. (Administration)
Introduced by the consent agenda and Public Hearing set for January 3, 2024.
8. *Ordinance No. 3384-2023 -Cancelling Previously Appropriated Projects, Authorizing a Transfer
of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital
Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump
House at the City's Water Treatment Facility. (Administration)
Introduced by the consent agenda and Public Hearing set for January 3, 2024.
9. Action/Approval - Authorizing Memorandum of Agreement with the Kenai Peninsula Borough
for Tourism Promotion. (Administration)
MOTION:
Vice Mayor Knackstedt MOVED to authorize the Memorandum of Agreement. Council Member Baisden
SECONDED the motion.
It was reported the Kenai Peninsula Borough Code prohibited promotion of tourism within the City's and
this agreement is the mechanism needed for the borough to do so.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection: SO ORDERED.
10. Discussion - Schedule a Budget Goals Work Session. (Administration)
A Budget Goals Work Session was scheduled for January 3, 2024 at 4:30 p.m.
11. Discussion - Scheduling a CIP Work Session. (Administration)
A Capital Improvement Project Work Session was scheduled for January 17, 2024 at 4:30 p.m.
12. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. (Administration)
A Joint Work Session with the Kenaitze Indian Tribe was scheduled for January 18, 2023 at 6:00 p.m.
The Work Session would be held at the Tyotkas Elder Center located at 1000 Mission Avenue in Old
Town Kenai.
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13. Discussion/Action - Virtual Meeting Participation. (City Clerk)
There was discussion regarding the analytic data provided noting zero participation during the meetings
of advisory bodies and although there are more attendees during meetings of City Council and Planning
& Zoning Commission the actual participation is very low; the Zoom platform being the most commonly
used platform for public meetings; and the value of written comments being submitted.
Options discussed included discontinued use for public participation; however, keeping some type of
software option available for staff or members of the body to participate remotely when unable to attend
in person; requiring public to sign up in advance of a meeting; allowing only public participation by
individuals directly affected by the land ownership.
General direction was given to the Clerk to draft a policy that would remove virtual participation by the
public from meetings of the advisory bodies; maintain virtual participation options for members of the
advisory bodies, presenters or staff required; and include webinars for meetings of the City Council and
Planning & Zoning Commission.
14. *Action/Approval - Letter Supporting KPEDD's Application to EDA for a Three -Year Partnership
Planning Program. (Administration)
Approved by the consent agenda.
1. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
No report, next meeting January 11, 2024.
2. Airport Commission
Vice Mayor Knackstedt reported on the December 14, 2023 meeting.
3. Harbor Commission
No report, next meeting February 12, 2024.
4. Parks and Recreation Commission
No report, next meeting January 4, 2024.
5. Planning and Zoning Commission
No report, next meeting December 27, 2023.
6. Beautification Committee
No report, next meeting January 9, 2024.
I REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attending the Senior Center Thanksgiving Lunch sponsored by Hilcorp; Christmas Comes to
Kenai; LeeShore Volunteer Appreciation Dinner; the Alaska Municipal League Conference; the
Alaska Conference of Mayors; the Kenai Senior Connections Lunch honoring Buck Steiner for
25-years of service on the board; and the Wreaths Across America fundraiser.
• Receiving and invitation Mayor Dave Bronson of Anchorage to join the Southcentral Mayors'
Energy Coalition to consider the energy needs of Southcentral Alaska; the coalition would explore
options to meet the energy needs, while assessing costs and the availability of natural resources
and communicate those findings back to their constituents.
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K. ADMINISTRATION REPORTS
1. City Manager — City Manager Eubank reported on the following:
• Provided an update on the Bluff Stabilization project noting it had been released for bids by
the Army Corps of Engineers.
• Attending the Municipal Managers Conference and the Alaska Municipal League Conference.
• Working on the Old Town Walking Path with the Rotary Club.
• Emergency Service Employees receiving a Life Saver Award, the Officers were on site'within
3 minutes of the call.
• Reminded everyone that Christmas Day would be the 20th Anniversary of the death of Officer
John Watson.
2. City Attorney — City Attorney Bloom reported on the following:
• Thanked the Council for the opportunity to attend the Alaska Municipal Attorney Conference.
3. City Clerk — City Clerk Saner reported on the following:
• Commission Survey had closed and the results would be presented to each commission
during the review process beginning in January.
• Next meeting for the Voter Turn Out Working Group would be December 21, 2023.
L. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None.
2. Council Comments
Student Representative Tanner reported on Connection activities including Ice. Skating; Food Baskets;
Holiday Movie; Moose Hunt Education. Kenai Alternative High School activities including Funding your
Future event; Annual Grinch Day. Kenai Central High School sports update.
Council Member Sounart noted that she had been busy practicing and participating in school music
concert and the Kenai Peninsula Orchestra and Choir were back together after four years. She wished
everyone a Merry Christmas and Happy New Year.
Council Member Askin noted attending the Senior Center Thanksgiving Lunch hosted by Hilcorp;
Christmas Comes to Kenai; and the Alaska Municipal League Conference (AML) stating she had
attended the session on opioids and it was frightening how much of it was in Alaska. She thanked our
Fire Fighters and Police Officers, stating she would never forget Officer John Watson and wished
everyone a Merry Christmas and Happy New Year.
Council, Member Daniel thanked all of our First Responders, noting how much kids loved it when the
Resource Officers are in the schools for the DARE program. He reported attending the Alaska Municipal
League Conference and the benefits of hearing from other communities in our state and the issues they
are facing. He wished everyone a Merry Christmas and Happy New Year
Council Member Baisden wished everyone a Merry Christmas and stated the importance of remembering
Officer John Watson.
Vice Mayor Knackstedt noted attending the LeeShore Center Volunteer Appreciation; and the Alaska
Municipal League Conference.
M. EXECUTIVE SESSION - None.
N. PENDING ITEMS - None.
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O. ADJOURNMENT
P. INFORMATIONAL ITEMS - None.
There being no further business before the Council, the meeting was adjourned at 8:33 p.m.
I certify the a ve presents accurate minutes of the Kenai City Council meeting of December 20, 2023.
is e e r, _ C
City Clerk
** The student representative may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not
affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student
representative may not move or second items during a council meeting.
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