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Home My WebLink About2015-03-04 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING MARCH 4, 2015 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Kenai Central High School Flute Quintet – Star Spangled Banner 3. Roll Call 4. Agenda Approval 5. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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 (Public comment limited to ten (10) minutes per speaker) 1. Lisa Gabriel, Chair of Beautification Committee – Wildflower Field Presentation. 2. Morgan Merritt, Project Manager, Department of Transportation – Discussion of Upcoming Department of Transportation Project to Improve 4.4 Miles of the Kenai Spur Highway (from Cole Drive to McKinley Street). C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2813-2015 – Amending the Kenai Municipal Code Section 1.15.130 – Telephonic Participation, to Increase the Opportunity for Telephonic Participation in Council Meetings by Council Members. • Substitute Ordinance No. 2813-2015 [Clerk’s Note: At its February 4th meeting, Council amended and postponed this ordinance to the March 4th meeting. An amendment to the amendment is on the floor.] 2. Ordinance No. 2815-2015 – Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, “Library Commission”. • Substitute Ordinance No. 2815-2015 – Enacting Kenai Municipal Code Section 1.57.030-Suspension of the Library Commission, to Suspend the Library Commission until Further Action by Council. [Clerk’s Note: At its February 18th meeting, Council amended Ordinance 2815- 2015 by substitution. A motion to enact is on the floor.] 3. Ordinance No. 2816-2015 – Amending Kenai Municipal Code Section 23.35.020-Causes for Warning, Suspension, or Dismissal, to Address New State Laws on Marijuana. 4. Ordinance No. 2817-2015 – Appropriating Funds in the General and Parks Improvement Capital Project Funds in the Amount of $20,000 for Purchase and Installation of a Gazebo at the Site of the City’s Field of Flowers. 5. Ordinance No. 2818-2015 – Appropriating Airport Funds for Airport Apron Improvements and Improvements to Utilities Serving an Airport Lease Lot. 6. Resolution No. 2015-10 – Consenting to the Vacation of Certain Rights-of- Ways and Easements within the R M Thompson Subdivision 2014 Addition. 7. Resolution No. 2015-11 – Opposing the Federal Subsistence Management Decision to Allow a Gill Net in the Kenai River. 8. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. E. MINUTES 1. *Regular Meeting of February 18, 2015 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. 2. *Action/Approval – Non Objection of Liquor License Renewals for Applicant BPO Elks Lodge #2425; Applicant Kenai Joe’s Alaskan Roadhouse d/b/a Kenai Joe’s; Applicant Don Jose’s, LLC d/b/a Don Jose’s Mexican Restaurant; Applicant Carr-Gottstein Foods Co. d/b/a/ Oaken Keg #1808; Applicant Three Alaska, Inc. d/b/a Three Bears; Applicant Tesoro Northstore Co. d/b/a 2 Go Mart; Applicant Griffin Golf Enterprises, LLC d/b/a Kenai Golf Course; Applicant Peninsula Oilers Baseball Club, Inc. d/b/a Peninsula Oilers; Applicant Francisco Rodriguez d/b/a Playa Azul. 3. *Action/Approval – Non Objection of New Liquor License for Applicant The Cannery, LLC Lodge d/b/a The Cannery Lodge. Kenai City Council Meeting Page 2 of 4 March 4, 2015 4. *Ordinance No. 2819-2015 – Accepting and Appropriating a Grant from the Alaska State Library for the Purchase of Early Literacy Playspace Items. 5. *Ordinance No. 2820-2015 – Reappropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Park Improvement Capital Project Fund. 6. *Ordinance No. 2821-2015 – Increasing Appropriations in the General Land Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City’s General Fund. 7. *Ordinance No. 2822-2015 – Increasing Estimated Revenues and Appropriations by $843,572 in the Water and Sewer Capital Project Fund for a Project to Cross-Connect the City’s Two Water Transmission Mains at Swires Road. 8. Action/Approval – Schedule Annual Employee Performance Evaluations for the City Clerk, City Attorney, and City Manager. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager • ADOT/PF Plans for Kenai Spur Highway Reconstruction: Sports Lake Road to Swires Road • Contract Amendment, City of Kenai Business Gap Assessment 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None Scheduled. M. PENDING ITEMS – None. Kenai City Council Meeting Page 3 of 4 March 4, 2015 N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Kenai City Council Meeting Page 4 of 4 March 4, 2015 Page 5 of 191 Page 6 of 191 Page 7 of 191 Page 8 of 191 Q:\24\61873-01\60GIS\ENV\Location Map.mxd Jan 09, 2015 1:54:44 PM User: lgasek Kenai, Alaska DOT & PF Project No. 58570 Kenai Spur Highway MP 8-12.4 FIGURE 2 Location Map STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Sec 21, 22, 27, 28 T13N R3W Seward Meridian, Alaska USGS Topo Maps Anchorage A-8 #Culverts for Replacement Streams Project Location Date: 1/9/2015Page 9 of 191 [PAGE LEFT BLANK INTENTIONALLY] Page 10 of 191 Page 11 of 191 Page 12 of 191 Page 13 of 191 Page 14 of 191 Page 15 of 191 Page 16 of 191 Page 17 of 191 Page 18 of 191 Page 19 of 191 Page 20 of 191 Page 21 of 191 Page 22 of 191 Page 23 of 191 [PAGE LEFT BLANK INTENTIONALLY] Page 24 of 191 Page 25 of 191 Page 26 of 191 Page 27 of 191 Page 28 of 191 Page 29 of 191 Page 30 of 191 Page 31 of 191 Page 32 of 191 Page 33 of 191 Page 34 of 191 Page 35 of 191 [PAGE LEFT BLANK INTENTIONALLY] Page 36 of 191 Page 37 of 191 Page 38 of 191 Page 39 of 191 Page 40 of 191 Page 41 of 191 Page 42 of 191 Page 43 of 191 Page 44 of 191 Page 45 of 191 Page 46 of 191 Page 47 of 191 Page 48 of 191 Page 49 of 191 Page 50 of 191 Page 51 of 191 Page 52 of 191 Page 53 of 191 Page 54 of 191 Page 55 of 191 Page 56 of 191 Page 57 of 191 Page 58 of 191 Page 59 of 191 [PAGE LEFT BLANK INTENTIONALLY] Page 60 of 191 Page 61 of 191 Page 62 of 191 Page 63 of 191 Page 64 of 191 Page 65 of 191 Page 66 of 191 Page 67 of 191 Page 68 of 191 Page 69 of 191 Page 70 of 191 Page 71 of 191 Page 72 of 191 Page 73 of 191 Page 74 of 191 Page 75 of 191 Page 76 of 191 Page 77 of 191 Page 78 of 191 Page 79 of 191 Page 80 of 191 Page 81 of 191 Page 82 of 191 Page 83 of 191 Page 84 of 191 Page 85 of 191 Page 86 of 191 Page 87 of 191 Page 88 of 191 Page 89 of 191 Page 90 of 191 Page 91 of 191 Page 92 of 191 Page 93 of 191 Page 94 of 191 Page 95 of 191 Page 96 of 191 Page 97 of 191 Page 98 of 191 Page 99 of 191 Page 100 of 191 KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY18, 2015 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 COUNCIL MEMBER BOOKEY, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on February 18, 2015, in City Hall Council Chambers, Kenai, AK. Council Member Bookey called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Councilor Bookey led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ryan Marquis Robert Molloy (Telephonic) Henry Knackstedt Tim Navarre (Telephonic) Terry Bookey Pat Porter Absent: Brian Gabriel A quorum was present. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk **Allie Ostrander, Student Representative 3. Agenda Approval Council Member Bookey noted the following items to be added to the agenda/packet: G.6 Action/Approval – Directing the City Manager to Enter into Negotiations for Donation or Lease of City Land to Kenai Performers. • Memorandum Addressing Council Member Questions G.7 Action/Approval – For a Non-Exclusive Easement to Alaska Pipeline Company for a Natural Gas Transmission Main through Lands Owned by the City of Kenai under the Kenai River. • Memorandum and Supporting Documents Page 101 of 191 It was also requested to move items G.6 and G.7 as the first two items of business under public hearings. MOTION: Council Member Marquis MOVED to approve the agenda with requested additions/revision and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Councilor Marquis MOVED to remove Item G.4 from the consent agenda, approve the consent agenda and requested UNANIMOUS CONSENT. Council member Knackstedt SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. 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 – None. D. PUBLIC HEARINGS 1. Action/Approval – Directing the City Manager to Enter into Negotiations for Donation or Lease of City Land to Kenai Performers. City Manager Koch provided information on the request for City land and explained the difference between the lease and donation options. President of the Kenai Performers Sally Cassano addressed Council requesting a transfer of ownership of City land and thanked Council for its consideration of such. Further discussion continued regarding the size and location of land the group was requesting and concerns were noted of setting precedence by donating City. Council spoke positive of the Kenai Performers and directed the City Manager to continue moving forward and negotiate an agreement to be approved by Council. City of Kenai Council Meeting Page 2 of 7 February 18, 2015 Page 102 of 191 2. Action/Approval – For a Non-Exclusive Easement to Alaska Pipeline Company for a Natural Gas Transmission Main through Lands Owned by the City of Kenai under the Kenai River. MOTION: Council Member Knackstedt MOVED to approve the easement to Alaska Pipeline Company for a Natural Gas Transmission Main through lands owned by the City of Kenai under the Kenai River and requested UNANIMOUS CONSENT; the motion was SECONDED by Navarre. City Manager Koch provided information on the requested easement and the timeline regarding the project. Administration recommended approval of the easement. VOTE: There being no objections, SO ORDERED. 3. Ordinance No. 2814-2015 – Increasing Estimated Revenues and Appropriations by $130,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Tie In of the New Water Production Wells to the City’s Water Treatment Facility. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2814-2015 and the motion was SECONDED by Knackstedt. City Manager Koch provided additional information related to project and project funding. VOTE: YEA: Knackstedt, Marquis, Molloy, Porter, Navarre, Bookey NAY: **Student Representative Ostrander: YEA MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2815-2015 – Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, “Library Commission”. • Substitute Ordinance No. 2815-2015 – Enacting Kenai Municipal Code Section 1.57.030-Suspension of the Library Commission, to Suspend the Library Commission until Further Action by Council. Mayor Porter opened the public hearing. Bob McIntosh, Kenai resident, spoke in opposition of suspending or sunsetting the Library Commission. Kathy East, Kenai resident and former Library Commission Chair, spoke in favor of the sunsetting the Library Commission. City of Kenai Council Meeting Page 3 of 7 February 18, 2015 Page 103 of 191 Bob Peters, Kenai Resident and former Library Commission Member, spoke in favor of the substitute ordinance. MOTION: Council Member Marquis MOVED to amend by Substitute Ordinance No. 2815-2015 and requested UNANIMOUS CONSENT; the motion was SECONDED by Knackstedt. MOTION TO AMEND: Council Member Marquis MOVED to enact Ordinance No. 2815-2015 and the motion was SECONDED by Knackstedt. VOTE: There being no objections, SO ORDERED. MOTION TO POSTPONE: Council Member Marquis MOVED to postpone Substitute Ordinance No. 2815-2015 to the next meeting and requested UNANIMOUS CONSENT; the motion was SECONDED by Knackstedt. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of February 18, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2816-2015 – Amending Kenai Municipal Code Section 23.35.020- Causes for Warning, Suspension, or Dismissal, to Address New State Laws on Marijuana. Introduced by the consent agenda and public hearing set for March 4, 2015. 4. Ordinance No. 2817-2015 – Appropriating Funds in the General and Parks Improvement Capital Project Funds in the Amount of $20,000 for Purchase and Installation of a Gazebo at the Site of the City’s Field of Flowers. City of Kenai Council Meeting Page 4 of 7 February 18, 2015 Page 104 of 191 The ordinance was removed from the consent agenda to request additional information be provided at the public hearing related to design. It was noted that a member of the Beautification Committee would be giving a presentation at the next meeting on upgrade details of the field. MOTION: Council Member Mar quis MOVED to introduce Ordinance No. 2817-2015 and the motion was SECONDED by Knackstedt. VOTE: YEA: Knackstedt, Marquis, Molloy, Porter, Bookey, Navarre NAY: **Student Representative Ostrander: YEA MOTION PASSED UNANIMOUSLY. [Clerk’s Note: Council Member Navarre exited the meeting.] 5. *Ordinance No. 2818-2015 – Appropriating Airport Funds for Airport Apron Improvements and Improvements to Utilities Serving an Airport Lease Lot. Introduced by the consent agenda and public hearing set for March 4, 2015. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report. 2. Airport Commission – Knackstedt reported on the commission is discussing the master plan and possible land lease for dental office. 3. Harbor Commission – No report. 4. Library Commission – No report. 5. Parks and Recreation Commission – No report. 6. Planning and Zoning Commission – Commission is reviewing the Comprehensive Plan and discussing public use of marijuana. 7. Beautification Committee – No report. 8. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR – No report. City of Kenai Council Meeting Page 5 of 7 February 18, 2015 Page 105 of 191 J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Description of the Airport Master Plan and update on project. • AML Legislative Policy Committee Meeting. • Met with legislators at the capital. 2. City Attorney- No report 3. City Clerk – No report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Molloy reported on events attended in Juneau at the AML conference. Council Member Knackstedt was pleased to hear CH2M Hill will be conducting business in town and welcomed back Catie Quinn. Student Representative Ostrander noted the girl’s and boy’s basketball teams met with the Governor and Senator; thanked Council for participating in the penny drive. Mayor Porter advised she had literature related to marijuana laws from other cities and stated that she would email to all. Council Member Bookey thanked everyone for their patience while he chaired the meeting. L. EXECUTIVE SESSION – None Scheduled. M. PENDING ITEMS 1. Ordinance No. 2813-2015 – Amending the Kenai Municipal Code Section 1.15.130 – Telephonic Participation, to Increase the opportunity for Telephonic Participation in Council Meetings by Council Members. [Clerk’s Note: At its February 4, 2015 meeting, Council amended and postponed this ordinance until the March 4, 2015 meeting. An amendment to the amendment is on the floor.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:16 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 18, 2015. _____________________________ Sandra Modigh, CMC City Clerk City of Kenai Council Meeting Page 6 of 7 February 18, 2015 Page 106 of 191 **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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CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: D. Fikes, G. Pettey, K. Peterson, J. Twait, J. Glendening, N. Kiel Staff/Council Liaison present: City Planner M. Kelley, Council Liaison H. Knackstedt, City Clerk S. Modigh, Planning Assistant W. Anderson A quorum was present. c. *Excused Absences – None. d. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Kiel SECONDED the motion. MOTION TO AMEND : Commissioner Fikes MOVED to amend the agenda by removing item 1.C and Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED. VOTE ON MAIN AS AMENDED: There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. DR A F T Page 147 of 191 *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES – February 11, 2015 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None. 5. CONSIDERATION OF PLATS: a. PZ15-02 – Preliminary Original Kenai River Shores Subdivision, submitted by Salamatof Native Association, P.O. Box 2682, Kenai, AK 99611 City Planner Kelley reviewed his report outlined in the packet and recommended approval with the following conditions: A. Further development of the tracts shall conform to all Federal, State and Local regulations. B. The following items should be revised on the plat: • The legal description within the title block should be corrected to include Government Lot 13; and correct the Northwest one-half (NW ½) to the Northwest one-quarter (NW ¼), Section 17, Township 5 North, Range 11 West • Bowpicker Road should be changed to Bowpicker Lane • Cannery Road should be changed to Old Cannery Road • The spelling of Kenai should be corrected in the notation, “Keani Spit Sd No. 2 Tract A” MOTION: Commissioner Fikes MOVED to approve PZ15-02 with Administration’s recommendations and Commissioner Peterson SECONDED the motion. VOTE: YEA: Pettey, Peterson, Fikes, Twait, Kiel, Glendening NAY: Planning and Zoning Commission Meeting February 25, 2015 Page 2 DR A F T Page 148 of 191 MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt reported on the February 18 council meeting action agenda included in the commission meeting packet. b. Borough Planning – No report. c. Administration – Reported the Enstar easement has been forwarded to them for signatures and that work may begin next week; a temporary easement will be granted by the City for foot traffic only; continued work on junk vehicle ordinance; additional chapters of the Comprehensive Plan will be reviewed at the next meeting; Parks & Recreation is interested in creating maps using GIS for all City parks, FY16 budget has been submitted to Finance. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: March 11, 2015 Commissioner Kiel noted he would participating telephonically. 14. COMMISSION COMMENTS & QUESTIONS: Commissioners thanked Administration for their attendance and participation at the work session. City Clerk provided an update on the electronic packets. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:54 p.m. Minutes prepared and submitted by: Planning and Zoning Commission Meeting February 25, 2015 Page 3 DR A F T Page 149 of 191 _____________________________ Sandra Modigh, CMC City Clerk Planning and Zoning Commission Meeting February 25, 2015 Page 4 DR A F T Page 150 of 191 Page 151 of 191 Page 152 of 191 Page 153 of 191 Page 151 of 191 Page 152 of 191 Page 153 of 191 Page 154 of 191 Page 154 of 191 Page 155 of 191 Page 156 of 191 Page 157 of 191 Page 158 of 191 Page 159 of 191 Page 160 of 191 Page 161 of 191 Page 162 of 191 Page 163 of 191 Page 164 of 191 Page 165 of 191 Page 166 of 191 Page 167 of 191 Page 168 of 191 Page 169 of 191 Page 170 of 191 Page 171 of 191 Page 172 of 191 Page 173 of 191 Page 174 of 191 Page 175 of 191 Page 176 of 191 Page 177 of 191 Page 178 of 191 Page 179 of 191 Page 180 of 191 Page 181 of 191 Page 182 of 191 Page 183 of 191 Page 184 of 191 Page 185 of 191 Page 186 of 191 Page 187 of 191 Page 188 of 191 Page 189 of 191 Page 190 of 191 Page 191 of 191