HomeMy WebLinkAbout2014-01-02 Council PacketA.
B.
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
JANUARY 2, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai:ak.us
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. 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.
SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
30) minutes aggregated)
1. Ordinance No. 2733 -2013 — Accepting and Appropriating a Grant from the
Institute of Museum and Library Services Passed Through the Alaska State
Library for Employee Travel and Training ............................... ............................... Pg 5
2. *Resolution No. 2014 -01 — Authorizing a Budget Transfer within the General
Fund City Clerk Department for the Purchase of Email Archiving Equipment......... Pg 9
3. Resolution No. 2014 -02 — Awarding a Contract for the Replacement of
Carpetin City Hall ..................................................................... .............................Pg 11
MINUTES
1. *Regular Meeting of December 18, 2013 .................................. ............................... Pg 13
F. UNFINISHED BUSINESS
1. Resolution No. 2013 -78 — Supporting Alaska Board of Fish Proposal
Number 278 Requesting that the Alaska Board of Fish Prohibit Emergency
G.
H.
J.
Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per
Day, but Allow for Increased Harvest Limits ............................ ............................... Pg 25
Clerk's Note: Resolution was postponed at the December 18, 2013 meeting
pending revisions proposed by Administration.]
Substitute Resolution No. 2013 -78 — Supporting In Part Alaska
Board of Fish Proposal Number 278 Requesting that the Alaska board
of Fish Prohibit Emergency Order Authority Liberalizing Personal Use
Salmon Fishery to 24 Hours Per Day .................... ...............................
NEW BUSINESS
Pg 29
1. *Action /Approval — Bills to be Ratified .................................... .............................Pg 31
2. *Action /Approval — Purchase Orders Exceeding $15, 000 ..... ............................... Pg 33
3. *Ordinance No. 2734 -2014 — Enacting Kenai Municipal Code 14.25.025
Telephonic Participation at Planning and Zoning Meetings, to Allow for
Limited Telephonic Participation at Planning and Zoning Commission
Meetings by Commissioners ................................................... ............................... Pg 35
4. *Ordinance No. 2735 -2014 — Amending Kenai Municipal Code 1.90.010 -
Creation, to Provide for Mayoral Nomination with Council Confirmation
Instead of Elections for Assignments of Council Member Ex- Officios to
Boards Commissions and Committees of the City and Clarifying the Time for
Such Nominations and Confirmation ......................................... .............................Pg 39
5. *Ordinance No. 2736 -2014 — Accepting and Appropriating a Grant from the
National Oceanic and Atmospheric Administration Passed Through the
Alaska Department of Fish and Game for the Control of Invasive Reed
Canary Grass along the Waterways of the Kenai Peninsula ... ............................... Pg 43
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
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
Pg 47
ME
City of Kenai Council Meeting Agenda Page 2 of 3
January 2, 2014
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
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 59
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 3 of 3
January 2, 2014
THIS PAGE IS INTENTIONALLY LEFT BLANK
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2733 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY
SERVICES PASSED THROUGH THE ALASKA STATE LIBRARY FOR EMPLOYEE
TRAVEL AND TRAINING.
WHEREAS, the Kenai Community Library has received a $2,000 grant from the
Institute of Museum and Library Services passed through the Alaska State Library for
a library staff member to attend the Public Library Association Conference to be held
in Indianapolis, Indiana in March 2014; and,
WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate
these grant funds to provide staff training that will expand and enhance the services
provided to library patrons.
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a grant from the Institute of
Museum and Library Services passed through the Alaska State Library in the amounts
of $2,000 for staff attendance of the Public Library Association Conference to be held
in Indianapolis, Indiana in March 2014 and to execute grant agreements and to
expend the grant funds to fulfill the purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Federal Grants - Library $2,000
Increase Appropriations:
Library - Transportation $2,000
New Text Underlined; DELETED TEXT BRACKETED
Page 5 of 59
Ordinance No. 2733 -2013
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this DW day of January,
2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: December 18, 2013
Adopted: January 2, 2014
Effective: January 2, 2014
New Teat Underlined; ]DELETED TEXT BRACKETED]
Page 6 of 59
I'
Villaye with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111v
1997
the city of
MEMO:
III TO: Rick Koch
I FROM: Mary Jo Joiner
DATE: December 9, 2013
SUBJECT: Conference Attendance Grant
The Alaska State Library receives funds from the Institute of Museum and Library
Services (IMLS) to pay for continuing education grants. These travel funds allow staff
members to attend a continuing education workshop or conference. These funds can be
spent on travel, lodging, per diem and registration expenses.
This year Janina Etta has been awarded funds ($2,000) to attend the Public Library
Association Conference to be held in Indianapolis, Indiana in March 2014.
Page 7 of 59
j " "Villa9e with a Past C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 t'lll)
1992
the city uf'
KENAIALASKA
MEMO*
TO: Rick Koch
FROM: Mary Jo Joiner
DATE: December 23, 2013
SUBJECT: Ordinance NO. 2733 -2013
We have received an additional travel grant from the Alaska State Library. Instead of creating a
new Ordinance to cover these funds, we may amend the existing Ordinance to adjust for the
additional funds.
The additional funds ($1,000) will allow Ryanna Thurman to attend the Alaska Library Association
Conference to be held in Anchorage in February 2014.
The Ordinance could be amended to add a second Whereas after the first one to read:
WHEREAS, the Kenai Community Library has received a $1,000 grant from the Institute of
Museum and Library Services passed through the Alaska State Library for a library staff member
to attend the Alaska Library Association Conference to be held in Anchorage, Alaska in February
2014; and,
The Ordinance should be further amended to add a new Section 3 reading:
Section 3. That the City Manager is authorized to accept a grant from the Institute of Museum and
Library Services passed through the Alaska State Library in the amounts of $1,000 for staff
attendance of the Alaska Library Association Conference to be held in Anchorage, Alaska in
February 2014 and to execute grant agreements and to expend the grant funds to fulfill the
purpose and intent of this ordinance.
The current Section 3 would become Section 4.
The Increased Estimated Revenues would be $3,000 instead of $2,000 and the Increased
Appropriations would also change from $2,000 to $3,000.
a,Y U -/o Ud
Page 8 of 59
Suggested by: City Clerk
CITY OF KENAI
KENAI. ALASKA
RESOLUTION NO. 2014 -01
RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
BUDGET TRANSFER WITHIN THE GENERAL FUND CITY CLERK DEPARTMENT
FOR THE PURCHASE OF EMAIL ARCHIVING EQUIPMENT.
WHEREAS, the City budgeted $8,000 in FY2014 for the purchase of email archiving
software to prevent accidental or intentional deletion of email that may be considered
public record; and,
WHEREAS, the City Manager, the City Attorney, Clerk and IT Manager have agreed
that purchasing the Barracuda Message Archive appliance will meet the current needs
of the City by providing long term archiving of all email sent and received by a City
email account; and,
WHEREAS, the funds allocated for purchase of the Barracuda Message Archive
appliance are available in Computer Software, but must be transferred to Small
Tools /Minor Equipment to complete the transaction; and,
WHEREAS, pursuant to Kenai Municipal Code 7.25.020- City Budget Control, a
budget transfer over $5,000 requires Council approval; and,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the following budget transfer be made:
General Fund -
From:
City Clerk - Computer Software $8,000.00
To:
City Clerk - Small Tools /Minor Equipment $8,000.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January,
2014.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: c t
j " "Villaye with a Past, C# with a Future //
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283 -8229/ FAX: (907) 283 -3014 llll l
1997
the u l a/
KENAI, ALASKA
MEMO
TO: Mayor Porter and Council
Members
FROM: Sandra Modigh, City Cie tp\
DATE: December 23, 2013
SUBJECT: Budget Transfer for Purchase
of Email Archive Solution
The Clerk's Office budgeted $8,000 in FY2014 for the purchase of
email archiving software to prevent accidental or intentional deletion
of email that may be considered public record.
It has been determined that purchasing the Barracuda Message
Archive appliance will meet the current needs of the City by providing
long term archiving of all email sent and received by a City email
account.
To complete the purchase of the equipment, it is necessary for
Council to approve a budget transfer within the General Fund Clerk's
Department from Computer Software to Small Tools /Minor
Equipment.
Please let me know if you have any questions. Thanks!
Page 10 of 59
Suggested by: Administration
h °f CITY OF KENAI
KENAv SKA
RESOLUTION NO. 2014 -02
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
CONTRACT FOR THE REPLACEMENT OF CARPET IN CITY HALL.
WHEREAS, the following bids were received on December 17, 2013;
BIDDER Base Bid Add Alt 1 Base Bid & Add Alt
Floor -Ever Inc. 48,192 11,138 59,330
Jungle Jims Floorcovering 23,411.20 8,236.90 31 283.60
Westside Flooring 23,935 6,844 29,990
Floorcraft 46,479 11,818 58,297
and,
WHEREAS, WESTSIDE FLOORING LLC's bid is the lowest responsible bid and award
to this bidder would be in the best interest of the City; and,
WHEREAS, the recommendation from City Administration is to award the contract to
WESTSIDE FLOORING LLC for the base bid and the additive alternate for the total
approximate cost of $29,990; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract for the project entitled "CITY HALL CARPET
REPLACEMENT 2013" be awarded to WESTSIDE FLOORING LLC for the approximate
amount of $29,990.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2ND day of
JANUARY, 2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: 7
PAT PORTER, MAYOR
Page 11 of 59
6jj!%
Vllaye wN a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tlllli
1992
AI, AL
KENAf
MEMORANDUMALASKANA
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer, Public Works Director
DATE: December 24, 2013
SUBJECT: Resolution 2014 -02 Award of Contract for City Hall Carpet
Replacement
Rick,
Please find attached Resolution 2014 -02 awarding the replacement of City Hall carpet to
Westside Flooring LLC for the estimated amount of $29,990.
The Base Bid includes replacing all carpet and base on the upper level of City Hall. The
additive alternate replaces the carpet and base in the Council Chambers. Please note
that the Base Bid & Add Alt bid provided by Westside is less than the sum of their
individual Base Bid and Add Alt bids. This is not an error, it represents a savings
realized by awarding both areas of work at the same time.
BIDDER Base Bid Add Alt 1 Base Bid & Add Alt
Floor -Ever Inc. 48,192 11,138 59,330
Jungle Jims Floorcovering 23,411.20 8,236.90 31,283.60
Westside Flooring 23,935 6,844 29,990
Floorcraft 46,479 11,818 58,297
Engineer's Estimate 23,000 7,000 30,000
Page 12 of 59
KENAI CITY COUNCIL — REGULAR MEETING
DECEMBER 18, 2013 — 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on December 18, 2013, in City
Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00
p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Mayor Pat Porter
Robert Molloy
Terry Bookey
Mike Boyle
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Corene Hall, Deputy City Clerk
3. Agenda Approval
Vice Mayor Ryan Marquis
Brian Gabriel
Tim Navarre
Mayor Porter requested the following additions to the packet:
ADD TO D -5 — Resolution No. 2013 -75 Correspondence in favor of the
resolution received by 14 individuals
D -6 — Resolution No. 2013 -76 Supporting memorandum from
Library Director Mary Jo Joiner
Mayor Porter requested Item D.5 - Resolution No. 2013 -75 be addressed after Item D -1.
Page 13 of 59
MOTION:
Vice Mayor Marquis MOVED to approve the agenda as amended and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Bookey MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion.
Mayor Porter opened the floor for public comment on consent agenda items, there being
none public comment was closed.
VOTE: There being no objections, SO ORDERED.
All items listed with an asterisk ( *) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will
be no separate discussion of these items unless a council member so
requests, in which case the item will be removed from the consent agenda
and considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS — None.
C. UNSCHEDULED PUBLIC COMMENTS — None.
D. PUBLIC HEARINGS
Ordinance No. 2730 -2013 — Authorizing an Extension and Amendment of
the Lease of Certain City -Owned Land, Identified as a Portion of Lot 3, Block
17, Original Townsite of Kenai and the Building known as "The Fine Arts
Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or
Review by the Planning and Zoning Commission and Declaring an Extension
and Amendment of the Lease is in the Best Interest of the City.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2730 -2013, Authorizing an
Extension and Amendment of the Lease of Certain City -Owned Land, Identified as a
Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building known as "The
Fine Arts Center," to the Peninsula Art Guild, Inc. without a Current Appraisal or Review
by the Planning and Zoning Commission and Declaring an Extension and Amendment of
the Lease is in the Best Interest of the City. Council Member Molloy SECONDED the
motion.
City of Kenai Council Meeting Minutes Page 2 of 11
December 18, 2013
Page 14 of 59
Mayor Porter opened the public hearing.
Joe Kash!, Peninsula Art Guild Secretary — Reported the Art Guild would be
renovating the building and hosting weekly events.
Shauna Thornton, Peninsula Art Guild President — Thanked the City for their support.
VOTE:
YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
2. Resolution No. 2013 -75 — Opposing the Proposed Initiative to Prohibit Set
Nets in Urban Areas and Continuing to Support Sound Fisheries
Management Practices and Diversified Harvest Opportunities in Cook Inlet.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2013 -75, Opposing the
Proposed Initiative to Prohibit Set Nets in Urban Areas and Continuing to Support Sound
Fisheries Management Practices and Diversified Harvest Opportunities in Cook Inlet and
requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
Council Member Navarre objected to UNANIMOUS CONSENT.
Mayor Porter opened the public hearing.
The following people spoke in favor of the Resolution:
Robert Williams, Kasilof
Arni Thompson, Kenai
David Martin, Clam Gulch
Richard McGahan, Kenai
Brent Johnson, Clam Gulch
Paul Shadura, Kenai
Jim Butler, Kenai
Todd Smith, Kenai
Paul Dale, Kenai
There being no one else wishing to speak, the public hearing was closed.
Council Member Gabriel declared a possible conflict of interest as he owns a set net site
with his wife.
Mayor Porter ruled he had no conflict and could vote on the Resolution.
Council Member Bookey thanked the speakers.
Council Member Marquis thanked everyone for submitting their comments electronically.
City of Kenai Council Meeting Minutes Page 3 of 11
December 18, 2013
Page 15 of 59
Council Member Gabriel thanked Council Member Molloy for collaborating on the
resolution with him; stating he supported sound biological management.
MOTION TO AMEND:
Council Member Boyle MOVED to amend Resolution No. 2013 -75 in section 2 by adding
based on sound management principles" after "fisheries management ". Council
Member Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter
NAY:
AMENDMENT PASSED UNANIMOUSLY.
Council Member Navarre spoke against the timing of the Resolution.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Boyle, Gabriel, Marquis, Molloy, Navarre, Porter, Bookey
NAY:
MOTION PASSED UNANIMOUSLY.
BREAK: 7:51 P.M.
BACK TO ORDER: 7:58 P.M.
Council Member Molloy MOVED to suspend the rules by moving the Lease (G -3) to be
addressed as the next item of business due to lateness of time and weather condition
making for deteriorating driving conditions. Council Member Bookey SECONDED the
motion and requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
3. Action /Approval — Chamber/Visitor's Center Agreement
MOTION:
Vice Mayor Marquis MOVED to approve the Chamber/Visitor's Center Agreement and
Council Member Bookey SECONDED the motion.
VOTE:
YEA: Gabriel, Marquis, Molloy, Porter, Bookey, Boyle
NAY: Navarre
MOTION PASSED.
City of Kenai Council Meeting Minutes Page 4 of 11
December 18, 2013
Page 16 of 59
4. Ordinance No. 2731 -2013 —Accepting and Appropriating a Grant from the
Alaska State Library for the Purchase of (2) Two Awe Early Literacy Work
Stations.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2731 -2013, Accepting and
Appropriating a Grant from the Alaska State Library for the Purchase of (2) Two Awe
Early Literacy Work Stations. Vice Mayor Marquis SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Marquis, Molloy, Navarre, Porter, Bookey, Boyle
NAY:
MOTION PASSED UNANIMOUSLY.
5. Ordinance No. 2732 -2013 — Accepting and Appropriating a Grant from the
US Department of Justice For the Purchase of Police Computer Forensic
Software and Equipment as Part of the Internet Crimes Against Children
ICAC) Program
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2732 -2013, Accepting and
Appropriating a Grant from the US Department of Justice For the Purchase of Police
Computer Forensic Software and Equipment as Part of the Internet Crimes Against
Children (ICAC) Program. Council Member Bookey SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Molloy, Navarre, Porter, Bookey, Boyle, Gabriel, Marquis
NAY:
MOTION PASSED UNANIMOUSLY
6. Resolution No. 2013 -74 — Adopting an Alternative Allocation Method for the
Fy13 Shared Fisheries Business Tax Program and Certifying that this
Allocation Method Fairly Represents the Distribution of Significant Effects of
Fisheries Business Activity in FMA 14: Cook Inlet.
City of Kenai Council Meeting Minutes Page 5 of 11
December 18, 2013
Page 17 of 59
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2013 -74, Adopting an
Alternative Allocation Method for the Fy13 Shared Fisheries Business Tax Program and
Certifying that this Allocation Method Fairly Represents the Distribution of Significant
Effects of Fisheries Business Activity in FMA 14: Cook Inlet and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
Resolution No. 2013 -76 — Approving Amendments to the Kenai Community
Library Internet Safety Policy.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -76, Approving Amendments
to the Kenai Community Library Internet Safety Policy and requested UNANIMOUS
CONSENT. Council Member Gabriel SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
8. Resolution No. 2013 -77 — Authorizing the City Manager to Enter into a
Restaurant Concession Agreement for the Kenai Municipal Airport.
MOTION
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -77, Authorizing the City
Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal
Airport and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED
the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
9. Resolution No. 2013 -78 -- Supporting Alaska Board of Fish Proposal
Number 278 Requesting that the Alaska Board of Fish Prohibit Emergency
Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per
Day, but Allow for Increased Harvest Limits.
City of Kenai Council Meeting Minutes Page 6 of 11
December 18, 2013
Page 18 of 59
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2013 -78, Supporting Alaska
Board of Fish Proposal Number 278 Requesting that the Alaska Board of Fish Prohibit
Emergency Order Authority Liberalizing Personal Use Salmon Fishery to 24 Hours Per
Day, but Allow for Increased Harvest Limits and requested UNANIMOUS CONSENT.
Council Member Gabriel objected to UNANIMOUS CONSENT and SECONDED the
motion.
Mayor Porter opened the public hearing.
David Martin, Clam Gulch — Spoke against increased harvest limits.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone to the second meeting in January and
Council Member Boyle SECONDED the motion and requested UNANIMOUS
CONSENT.
MOTION TO AMEND POSTPONEMENT:
Vice Mayor Marquis MOVED to amend the postponement by changing the date to
January 2, 2014. Council Member Bookey SECONDED the motion and requested
UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
VOTE ON POSTPONEMENT: There being no objections, SO ORDERED.
10. Resolution No. 2013 -79 — Requesting that the Alaska Department of
Transportation and Public Facilities (ADOT /PF) Design and Construct a
Five -Lane Roadway to Improve the Kenai Spur Highway from Milepost
M.P.) 2.8 -8.1.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2013 -79, Requesting that the
Alaska Department of Transportation and Public Facilities (ADOT /PF) Design and
Construct a Five -Lane Roadway to Improve the Kenai Spur Highway from Milepost
M.P.) 2.8 -8.1. Vice Mayor Marquis SECONDED the motion.
Council Member Gabriel disclosed he had a possible conflict of interest as he works for
the Department of Transportation and wanted to abstain from voting. Mayor Porter
honored his request.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
City of Kenai Council Meeting Minutes Page 7 of 11
December 18, 2013
Page 19 of 59
MOTION TO AMEND:
Council member Bookey MOVED to amend Resolution No. 2013 -79 by removing the
second to last whereas in its entirety. Council Member Molloy SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Bookey, Boyle, Marquis, Molloy
NAY: Navarre, Porter
AMENDMENT PASSED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend Resolution No. 2013 -79 by adding
paragraph 7 "Whereas it is in the best interest of the City of Kenai for roadway
improvements to be constructed that meet future traffic volumes and maintain an
acceptable and safe levels -of- service through a twenty year design life; and,." Vice
Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED
E. MINUTES
1. *Regular Meeting of December 4, 2013
Approved by the consent agenda.
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. Action /Approval — Alaska Realty Group Short Term Special Use Permit
MOTION:
Vice Mayor Marquis MOVED to approve the Special Use Permit and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
City of Kenai Council Meeting Minutes Page 8 of 11
December 18, 2013
Page 20 of 59
4. Set Work Session — Board of Fish Proposals
Work session was set for January 6, 2014 at 7:30 p.m.
5. *Ordinance No. 2733 -2013 — Accepting and Appropriating a Grant from the
Institute of Museum and Library Services Passed Through the Alaska State
Library for Employee Travel and Training.
Introduced by consent agenda and public hearing set for January 2, 2014.
H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging — Vice Mayor Marquis reported the December meeting
had been cancelled.
2. Airport Commission — Council Member Gabriel reported the December
meeting had been cancelled.
3. Harbor Commission — Council Member Molloy reviewed the December 9
meeting, noting work on the CIP list.
4. Library Commission — Council Member Boyle had no report.
5. Parks and Recreation Commission — Council Member Bookey reported on
the December 5 meeting, noting a request for a work session.
6. Planning and Zoning Commission — Mayor Porter reported on the
December 11 meeting, noting the work session on Transitional housing.
7. Beautification Committee — Mayor Porter had no report.
8. Mini -Grant Steering Committee — Mayor Porter had no report.
I. REPORT OF THE MAYOR
Mayor Porter reported the following
Attended the Alliance meeting.
Discussed the Arctic Winter Games with representatives from the
Kenaitze Tribe.
Coffee with the Mayor was well attended and Vice Mayor Marquis would
attend if the Mayor could not.
City Attorney Bloom would be bringing forward an ordinance on
appointment of Council Liaisons.
Attended the 10`h anniversary of Home Depot.
Gave each council member a "pay it forward" gift.
City of Kenai Council Meeting Minutes Page 9 of 11
December 18, 2013
Page 21 of 59
J. ADMINISTRATION REPORTS
1. City Manager— Koch reported the following:
The Governor's Capital Budget was out.
The last snowfall had been handled well.
Possible additions to Municipal Park for 2 — 5- year -olds were being
considered.
Planning and Zoning had started work on transitional housing.
The Planning candidate would be visiting on December 19, 2013.
Information on junk vehicles would be forwarded to the Planning and
Zoning Commission.
2. City Attorney — Bloom had no report.
3. City Clerk— Modigh wished everyone "Happy Holidays."
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments
Paul Shadura, Kenai — Thanked the Council for their support of Resolution No. 2013-
75.
2. Council Comments
Council Member Boyle thanked the City Clerk for the pen.
Council Member Molloy thanked Porter for the gift and thanked everyone that had
attended throughout the year to testify, including commissions, committees, and work
sessions.
Vice Mayor Marquis wished everyone "Happy Holidays."
Council Member Bookey thanked all that evening's speakers and wished everyone
Merry Christmas."
Council Member Gabriel thanked Porter for the gift; thanked those that testified;
thanked the Council for their support of Resolution No. 2013 -75; and, wished everyone a
Merry Christmas."
Council Member Navarre wished everyone a "Merry Christmas and Happy New Year."
L. EXECUTIVE SESSION — None Scheduled.
M. PENDING ITEMS — None
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:12
p.m.
City of Kenai Council Meeting Minutes Page 10 of 11
December 18, 2013
Page 22 of 59
Minutes prepared and submitted by:
Corene Hall, CIVIC
Deputy City Clerk
s <„
City of Kenai Council Meeting Minutes Page 11 of 11
December 18, 2013
Page 23 of 59
N`
City of Kenai Council Meeting Minutes Page 11 of 11
December 18, 2013
Page 23 of 59
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 24 of 59
Suggested by: Administration
We uh CITY OF KENAI
RESOLUTION NO. 2013 -78
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
ALASKA BOARD OF FISH PROPOSAL NUMBER 278 REQUESTING THAT THE
ALASKA BOARD OF FISH PROHIBIT EMERGENCY ORDER AUTHORITY
LIBERALIZING PERSONAL USE SALMON FISHERY TO 24 HOURS PER DAY, BUT
ALLOW FOR INCREASED HARVEST LIMITS.
WHEREAS, during abundant sockeye salmon returns to the Kenai River, the
Commissioner of the Alaska Department of Fish and Game is authorized to liberalize
the daily opening of the personal use fishery from seventeen hours per day (6 AM to 11
PM) to twenty -four hours per day; and,
WHEREAS, twenty -four hour openings create hardship and do not provide an
opportunity for city personnel and contractors that are servicing portable toilets,
removing solid waste, and managing large- volumes of fish -waste to conduct their
work; and,
WHEREAS, twenty -four hour openings create unsafe and hazardous conditions for
personal use fishery participants that are on the beaches during the night when city
personnel and contractors are using heavy equipment in the area; and,
WHEREAS, during the 2013 personal use fishery season it was necessary to utilize
additional personnel and equipment to safeguard against accidents involving fishery
participants and heavy equipment on the beaches creating a financial/ administrative
hardship.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai supports Alaska Board of Fish Proposal 278 requesting
that the Alaska Board of Fish prohibit emergency order authority liberalizing personal
use fishery to 24 hours per day, but allow for increased harvest limits.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of
December, 2013.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Page 25 of 59
M
Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
it
mm
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
1997
MEMO:
TO: City Council
FROM: Rick Koch
DATE: December 11, 2013
SUBJECT: Resolution 2013 -78, Supporting Alaska Board of Fish Proposal
Number 278
The purpose of this correspondence is to recommend that Council adopt the above referenced
resolution supporting Alaska Board of Fish Resolution Number 278. The effect of which is to
prohibit the Commissioner of Fish and game from opening the personal use fishery to a 24 hour
per day opening by emergency order.
Also included in Proposal Number 278 is a recommendation that the Commissioner be able to
increase harvest limits if additional harvest is necessary. City Administration takes no position,
nor makes a recommendation, on that part of Proposal Number 278. The Commissioner may
already have authority to increase harvest limits by emergency order, but Administration has
not researched that issue.
If Council desires to support only the portion of Proposal Number 278 that prohibits the
present practice of twenty -four hour openings by emergency order, and either not state a
position, or oppose, increased harvest limits, the Council could postpone action on this
resolution until the January 2, m2014 meeting. At which time the Administration would bring
back a substitute ordinance which would include language stating Council's position.
Thank you for your attention in this matter. If you have any questions, please contact me at
your convenience.
Page 26 of 59
OTHER SOLUTIONS CONSIDERED? Calendar date / would not pass.
PROPOSED BY: John McCombs (HQ -F13 -352)
wx** ww****** rtx******* rt*** xxrtrt** x* rt***** rtrt*** * * *x * * *wx * *w * *rtx * * * * *x * * * * * * * *rt
PROPOSAL 277 - 5 AAC 77.540. Upper Cook Inlet Personal Use Salmon Fishery
Management Plan. Open Kenai River personal use fishery after escapement has been met, as
follows:
Dipnetting begins after escapement is met.
ISSUE: Reallocation of a fully allocated fishery.
WHAT WILL HAPPEN IF NOTHING IS DONE? Commercial fishermen will face
reductions.
WILL THE QUALITY OF THE RESOURCE HARVESTED OR PRODUCTS
PRODUCED BE IMPROVED? Dipnetting prosecuted on s urplus stock prevent over -
escapement.
WHO IS LIKELY TO BENEFIT? Commercial fishermen will be whole again.
WHO IS LIKELY TO SUFFER? Dipnetters will benefit in times of abundance.
OTHER SOLUTIONS CONSIDERED?
PROPOSED BY: John McCombs (HQ -F13 -353)
xww* rtx* rtrt****** ** * *x * **rtrt * *w *k *rtrtrt * *w * * * * * * *ww x* *rt * * * * * * * * * * * * *w *w
PROPOSAL 278 - 5 AAC 77.540. Upper Cook Inlet Personal Use Salmon Fishery
Management Plan. Prohibit emergency order (EO) authority liberalizing personal use salmon
fishery to 24 hours per day, but allow for increased harvest limits, as follows:
Discontinue use of Emergency Orders to open Personal Use Fishery (dipnetting) to 24 hours at
the mouth of the Kenai River.
Increase the number of fish allowed to be caught on a Personal Use permit when the need arises
to increase the fish harvest, but limit this to the normal openings hours of 6:00 a.m. -11:00 p.m.
Modify permit cards to allow for separate recording of the additional harvest if necessary.
ISSUE: The Emergency 24 hour opening of the Personal Use Fishery at the mouth of the Kenai
River to Warren Ames Bridge creates a very disruptive situation in the residential neighborhoods
adjacent to the activity.
306
Page 27 of 59
WHAT WILL HAPPEN IF NOTHING IS DONE? Continued unrest during normal sleeping
hours for nearby residents, increased complaints to state and local police departments about
trespassing, noise and speeding traffic.
WILL THE QUALITY OF THE RESOURCE HARVESTED OR THE PRODUCTS
PRODUCED BE IMPROVED? No
WHO IS LIKELY TO BENEFIT? Residents living on and near the Kenai River Personal Use
Fishery Area would benefit by having a break in the noise and chaos while trying to sleep during
this three week event. This would also benefit area law enforcement and fish and game by
reducing the burden on their departments.
WHO IS LIKELY TO SUFFER? Nobody. Extra fish can be caught during the normal opening
hours.
OTHER SOLUTIONS CONSIDERED?
PROPOSED BY: Linda Lemanski (HQ -F13 -019)
PR'ff0-SAL 5 7. . Upper Cook Inlet Personal Use Salmon Fishery
Management Plan. Modify existing Kenai River personal use fishery hours from 6:00 a.m. -
10:00 p.m., to 7:00 a.m. -7:00 p.m., as follows:
Dipnet fishery open from 7:00 a.m. to 7:00 p.m.
ISSUE: The traffic on the lower Kenai.
WHAT WILL HAPPEN IF NOTHING IS DONE? More accidents, loss of life.
WILL THE QUALITY OF THE RESOURCE HARVESTED OR PRODUCTS
PRODUCED BE IMPROVED? It promotes safety.
WHO IS LIKELY TO BENEFIT? Operators in the lower Kenai.
WHO IS LIKELY TO SUFFER? The City of Kenai.
OTHER SOLUTIONS CONSIDERED? None.
PROPOSED BY: John McCombs (HQ -F13 -370)
307
Page 28 of 59
VIA
SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2013 -78
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
IN PART ALASKA BOARD OF FISH PROPOSAL NUMBER 278 REQUESTING THAT
THE ALASKA BOARD OF FISH PROHIBIT EMERGENCY ORDER AUTHORITY
LIBERALIZING PERSONAL USE SALMON FISHERY TO 24 HOURS PER DAY.
WHEREAS, during abundant sockeye salmon returns to the Kenai River, the
Commissioner of the Alaska Department of Fish and Game is authorized to liberalize
the daily opening of the personal use fishery from seventeen hours per day (6 AM to 11
PM) to twenty-four hours per day; and,
WHEREAS, twenty-four hour openings create hardship and do not provide an
opportunity for city personnel and contractors that are servicing portable toilets,
removing solid waste, and managing large- volumes of fish -waste to conduct their
work; and,
WHEREAS, twenty-four hour openings create unsafe and hazardous conditions for
personal use fishery participants that are on the beaches during the night when city
personnel and contractors are using heavy equipment in the area; and,
WHEREAS, during the 2013 personal use fishery season it was necessary to utilize
additional personnel and equipment to safeguard against accidents involving fishery
participants and heavy equipment on the beaches creating a financial /administrative
hardship.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai supports in part Alaska Board of Fish Proposal 278
requesting that the Alaska Board of Fish prohibit emergency order authority
liberalizing personal use fishery to 24 hours per day, but takes no position on the
increased harvest limits.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of
December, 2013.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Page 29 of 59
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Page 30 of 59
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Page 34 of 59
CITY OF KENAI
ORDINANCE NO. 2734 -2014
Suggested by Mayor Porter
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 14.25.025- TELEPHONIC PARTICIPATION AT PLANNING AND ZONING
MEETINGS, TO ALLOW FOR LIMITED TELEPHONIC PARTICIPATION AT PLANNING
AND ZONING COMMISSION MEETINGS BY COMMISSIONERS.
WHEREAS, City Council Members may participate telephonically at Council Meetings
pursuant to KMC 1.15.130- Telephonic participation; and,
WHEREAS, the Planning and Zoning Commission is the only body of the City other
than the City Council that regularly meets twice a month; and,
WHEREAS, allowing Planning and Zoning Commissioners to participate telephonicallyatPlanningandZoningCommissionMeetingssimilartowhatisallowedforCouncil
Members may ease the burden of service for Commissioners and encourage greater
participation at meetings without detracting materially from the process; and,
WHEREAS, at the regular Planning and Zoning Commission meeting of January 8,
2014, the Planning and Zoning Commission recommended the City CouncilOrdinance2734 -2014.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA
Section 1. Form: That this is a Code ordinance.
Section 2. Enactment of Section 14.05.025 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.05.025- Telephonic Participation at Planning and ZoningCommissionMeetings, is hereby enacted as follows:
14.05.025 Telephonic Particivation at Planning and Zoning Commission
Meetings.
a) A commissioner may participate via telephone in a Commission meeting if the
commissioner declares that circumstances Prevent physical attendance at the
meeting. If the chair chooses to participate via telephone the vice- chair shall preside
b) No more than the first two (2) commissioners to contact the Clerk's office
regarding telephonic participation in a particular meeting may Participate via
telephone at any one (1) meeting
New Text Underlined; [DELETED TEXT BRACKETED]
Page 35 of 59
Ordinance No. 2734 -2014
Page 2 of 3
c) The commissioner shall notify the Clerk's office in writing as soon as reasonably
Practical, but not less than six (6) hours Prior to the start of the Commission meeting
that the member Proposes to attend by telephone Such notification shall state
whether such telephonic participation is pursuant to subsection (nl or (o) and shall
provide the physical address of the location the telephone number, and any available
facsimile email or other document transmission service. Failure to provide the
notification within the Period of time provided herein shall result in the member's
exclusion from attendance of a Commission meeting through telephonic Participation
The Clerk or designee shall notify all Commission members of the request
d) At the meeting the Clerk or designee shall establish the telephone connection
when the call to order is imminent.
e) A commissioner. Participating by telephone shall be counted as present for
PUrooSes of discussion and voting
f) The commissioner Participating by telephone shall make every effort to
Participate in the entire meeting From time to time during the meeting the Presiding
officer shall confirm the connection
9) The commissioner Participating by telephone may ask to be recognised by the
presiding officer to the same extent as any other member.
h) To the extent reasonably Practicable the Clerk or designee shall provide backup
materials to commissioners Participating by telephone at the commissioner's expense
i) If the telephone connection cannot be made or is made and then lost the
meeting shall commence or continue as scheduled and the Clerk or designee shall
attempt to establish or restore the connection
i) Meeting times shall be expressed in Alaska time regardless of the time at the
location of any commissioner participating by telephone
k) Participation by telephone shall be allowed for regular, special and work session
meetings of the Commission
1) Remarks by commissioners Participating by telephone shall be transmitted so
as to be audible by all members and the Public in attendance at the meeting Provided
that in executive session the remarks shall be audible only to those included in the
executive session.
m) As used in these rules "telephone" means any system for synchronous two (2)
way voice communication "Chair" includes the Vice -Chair or any other commissioner
serving as chair Pro tempore
n) Each commissioner may attend a maximum of four (4) meetings by
teleconference during the twelve (12) month Period starting November 1st of each year.
o) A commissioner may attend an additional two (2) meetings by teleconference
during a twelve (12) month period starting November 1st of each year if the member
declares that he or she is Physically unable to attend the meeting due to the need for
extended medical care and treatment of the member or member's immediate family.
New Text Und_ relined; [DELETED TEXT BRACKETED]
Page 36 of 59
Ordinance No. 2734 -2014
Page 3 of 3
pi In this section. "immediate family° means the spouse of the person another
person cohabitating with the person in a conjugal relationship that is not a legal
marriage, a child (including a stepchild or foster child) of the person a parent sibling
grandparent aunt or uncle of the person or a parent or sibling of the person's spouse
o) Commissioners are responsible for any telephone long distance and /or back -up
material transportation charges incurred due to their participation in a meeting via
telephone unless they are absent from the community on City business A
commissioner is not considered to be on City business merely by attendance at a
Commission meeting via telephone Telephone long distance and /or back-up material
shipping charges may be deducted from the member's monthly stipend
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070((), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
January, 2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: January 2, 2014
Adopted: January 15, 2014
Effective: February 15, 2014
New Text Underlined; [DELETED TEXT BRACKETED
Page 37 of 59
IVilla ye with a Past, G# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor Porter and Council Members
FROM: Scott Bloom, City Attorney
DATE: December 23, 2013
SUBJECT: Ordinance No. 2734 -2014, P & Z Telephonic Participation
The Planning and Zoning Commission is the only body of the City aside from Council
that regularly meets twice a month. Members of the Planning and Zoning Commission
have requested the ability to participate in Planning and Zoning meetings telephonically.
This Ordinance would allow the Commission to participate telephonically similar to what
is permitted for Council.
Your consideration is appreciated.
Y: \Ordinances & ResolutionslOrdinances \Ordinance No. 2734 -2014 P &Z Telephonic Participation MEMO.docx
Page 38 of 59
CITY OF KENAI
ORDINANCE NO. 2735 -2014
Suggested by Mayor Porter
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1.90.010- CREATION, TO PROVIDE FOR MAYORAL
NOMINATION WITH COUNCIL CONFIRMATION INSTEAD OF ELECTIONS FOR
ASSIGNMENTS OF COUNCIL MEMBER EX- OFFICIOS TO BOARDS COMMISSIONS
AND COMMITTEES OF THE CITY AND CLARIFYING THE TIME FOR SUCH
NOMINATIONS AND CONFIRMATION.
WHEREAS, Kenai Municipal Code 1.90.010- Creation, currently provides that Council
elect members to serve as ex- officios for City boards, commissions and committees
and provides no guideline for how often or when such election must occur; and,
WHEREAS, elections have often not been held in the past for the assignment of ex-
officios; and,
WHEREAS, requiring an election for ex- officios is unnecessarily burdensome and time
consuming for such a process; and,
WHEREAS, amending the code to provide that the Mayor nominate ex- officios with
confirmation by Council is efficient, practical and consistent with recent past practice;
and,
WHEREAS, specifying that ex- officios shall be nominated and confirmed at the same
meeting as the Council elects a Vice -Mayor and otherwise organizes for the ensuingyearwilladdclarityandcertaintytotheprocess.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 1.90.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1.90.010- Creation, is hereby amended as follows:
1.90.010 Creation.
All boards, commissions and committees created by the Council of the City of
Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and
confirmed by the City Council from applications submitted to the City Clerk. A
chairman and vice - chairman shall be selected annually and shall be elected from and
by the appointed members. At the organizational meeting of Council [T]the Mayor
New Tent Underlined; [DELETED TEXT BRACKETED]
Page 39 of 59
Ordinance No. 2735 -2014
Page 2 of 2
shall nominate [AND ONE] Council Members [ELECTED BY THE COUNCIL] as ex-
officio members and as consultants of any board, commission or committee, who
alone with the Mayor may attend all meetings, but shall have no voting power on the
board, commission or committee. A member of Council or City administrative staff
shall attend all meetings of boards, commissions and committees and supply staffsupport.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council herebydeclaresthatitwouldhaveenactedtheremainderofthisordinanceevenwithoutsuch
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day ofJanuary, 2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: January 1, 2014
Adopted: January 15, 2014
Effective: February 15, 2014
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 40 of 59
I"
I/'ilaye with a Past C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Council Members
FROM: Mayor Porter
DATE: December 23, 2013
SUBJECT: Ordinance No. 2735 -2014, Ex- Officios
This Ordinance is intended to streamline and clarify the process for assigning members of
Council as ex- officios to City commissions, committees and boards. Recently, past
practice of the Council has been to accomplish this through nomination by the Mayor and
confirmation by Council; however, code refers to an election. Having an election for ex-
officio assignments is overly burdensome and cumbersome for the process.
Your consideration is appreciated.
Y: \Ordinances & Resolutions \Ordinances \Ordinance No. 2735 -2014 Ex Officios MEMO 122313.docx
Page 41 of 59
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Page 42 of 59
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2736 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT FROM THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION PASSED THROUGH THE ALASKA DEPARTMENT
OF FISH AND GAME FOR THE CONTROL OF INVASIVE REED CANARY GRASS
ALONG THE WATERWAYS OF THE KENAI PENINSULA.
WHEREAS, in FY2012 the City received a multiyear grant for the control of invasive
reed canary grass along the waterways of the Kenai Peninsula; and,
WHEREAS, Ordinance 2574 -2011 appropriated years one and two of the grant; and,
WHEERAS, funding for years three and four of the grant, $65,169, has been made
available for appropriation; and,
WHEREAS, the Kenai Watershed Forum will operate the grant under a cooperative
agreement with the City and provide the additional local match, $21,714 for years
three and four of the grant, in the form of equipment usage per the grant's cooperative
agreement; and,
WHEREAS, the spawning and rearing areas for salmon are threatened by this invasive
plant; and,
WHEREAS, the health and protection of the Kenai River and its native salmon are vital
to the City of Kenai and it's residents; and,
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a grant from the National
Oceanic and Atmospheric Administration passed through the Alaska Department of
Fish and Game in the amounts of $65,169 for the control of invasive reed canary grass
along the waterways of the Kenai Peninsula and to execute grant agreements and to
expend the grant funds to fulfill the purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
Anadromous Fish Protection Capital Proiect Fund
Increase Estimated Revenues:
Federal Grants
Increase Appropriations:
Professional Services
65,169
65,169
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 43 of 59
Ordinance No. 2736 -2014
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January,
2014.
ATTEST:
Sandra Modigh, City Clerk
l '
Approved by Finance: 7 , !'
PAT PORTER, MAYOR
Introduced: January 2, 2014
Adopted: January 15, 2014
Effective: January 15, 2014
New Text Underlined; DELETED TEXT BRACKETED
Page 44 of 59
M
Villaye with a Past, C# with a Future"
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
To: Rick Koch, City Manager
t
From: Terry Eubank, Finance Director
Date: December 24, 2013
Re: Ordinance 2736 -2014
The purpose of this memo is to recommend adoption of Ordinance 2736 -2014 which will
appropriate the third and fourth years' funding from the National Oceanic and Atmospheric
Administration, passed through the State of Alaska Department of Fish and Game, to fund efforts
by the Kenai Watershed Forum, acting under agreement with the City, to control invasive reed
canary grass in the Kenai River, Beaver Creek, Slikok Creek, and Johnson Lake on the Kenai
Peninsula. Funding for years three and four of the grant total $65,169 and will require local
match of $21,714 which is to be provided by the Kenai Watershed Forum through the use of
their equipment.
Ordinance 2574 -2011 appropriated years one and two of the grant in the amount of $54,707 and
Ordinance 2736 -2014 will appropriate additional funding for the project.
Page 45 of 59
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Page 46 of 59
a
A L A S K A
To: Kenai Airport Commission
Kenai City Clerk
From: Kathy Roser, Era Alaska
15 December, 2013
It is with much regret that I resign my position on the City of Kenai Airport Commission.
The increase in my work obligations do not allow me to give the commission the time and
attention it deserves.
I have thoroughly enjoyed my association with the Airport Commission and am particularly
sorry to give up my seat.
Best wishes to all of you.
Sincerely,
Kathy Roser
cc:
Mr. James Zirul
Mr. James Bielefeld
Mr. Henry Knackstedt
Ms. Glenda Feeken
Mr. Andrew McClure
Mr. Larry Porter
Council Member Brian Gabriel
Mary Bondurant, Airport Manager
Patricia Porter, City of Kenai Mayor
Page 47 of 59
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Page 48 of 59
CITY OF KENAI
PLANNING & ZONING COMMISSION
DECEMBER 11, 2013 — 7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair J. Twait, J. Arness, D, Fikes, B. Shiflea, H. Knackstedt
Commissioners absent: P. Bryson, K. Peterson (both excused)
Staff /Council Liaison present: City Manager R. Koch, Mayor P. Porter, Planning Assistant
N. Carver, Deputy City Clerk C. Hall
A quorum was present.
c. Agenda Approval
Commissioner Knackstedt requested moving 7e before 7a and requested the following additions
to the packet:
ADD TO: 4 -a: PZ13 -41 Amended staff comments /resolution — Kee's Tern Subdivision
7 -a: PZ11 -22 Amended staff memo, email, vicinity map
7 -c: PZ13 -39 Vicinity, aerial maps, letter
MOTION:
Commissioner Knackstedt MOVED to approve the agenda and Commissioner Arness
SECONDED the motion. There were no objections. SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Arness MOVED to approve the consent agenda and Commissioner Shiflea
SECONDED the motion. There were no objections. SO ORDERED.
e. *Excused Absences
Commissioner Bryson
Commissioner Peterson
Approved by consent agenda.
Page 49 of 59
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 —October 23, 2013
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT — None.
4. CONSIDERATION OF PLATS
a. PZ13 -41— Kee's Tern Subdivision —Located within Government Lot 4 and the SE1 14
SW1 /4 Section 31, T6N, R10W, S.M. Plat submitted by Segesser Surveys, 30485
Rosland Street, Soldotna, Alaska.
City Manager Koch reviewed the staff report included in the packet, recommending approval
subject to the following:
1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all
required improvements an installation agreement will be required.
2. Roads must be constructed to standards per plat notes prior to final plat unless an
installation agreement is in place.
3. Road design must be stamped by an engineer licensed in the State of Alaska.
4. Signage including but not limited to stop signs, speed limit signs and street signs.
5. As -built drawings prepared by the design engineer responsible for observation must
be submitted to the City in both paper and digital format (Adobe and AutoCAD).
6. Surveyor and property owner must work with the City of Kenai and the Kenai
Peninsula Borough when designating street names to ensure names meet City and
Borough regulations.
7. City must be notified if gates are intended to be placed on the road way and
approve plan for gates that assure adequate emergency vehicle access.
8. Homeowners Association must be formed by developer and approved by the City of
Kenai Planning and Zoning Commission prior to plat being finalized.
9. Receive approval from the Kenai Peninsula Borough on exception to requirements
in KPB 20.20.180 and 20.20.200.
10. City requests opportunity to consider and comment on any new changes and /or
additions added to plat.
11. The following plat notes must be sufficiently modified as follows:
a. Plat Note 2 States "Tract A is a parcel whose use and access is limited
solely to the owners of..." This entails that others; mail carriers, guests,
utility companies, etc. (anyone who is not an owner or emergency service
vehicle) cannot use and access. Should be revised to reflect that use is
limited for benefit of lot owners as provided in Plat Note 5.
b. Plat Note 2 needs to be revised as top correct either punctuation or add
words in the following "and to the mandatory payment of assessment,
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 2
Page 50 of 59
insurance dues."
G. Plat Note 3 should explain /clarify who is responsible for the prior review of
site plans and construction other than City code enforcement (building /zone
code).
d. Plat No 5. Replace last sentence with "Roadways constructed to Kenai
Peninsula Borough Category III standards do not meet minimum standards
required by City of Kenai and therefore, if at any future time the City takes
over ownership and /or maintenance responsibilities of roadways within the
subdivision, roadways will have to be improved to meet City of Kenai
standards in effect at time of acceptance. The cost of roadway
improvements to meet City of Kenai standards will be borne by property
owners in the subdivision by assessment without further approval required."
12. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC
14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to
have a minimum width of 90 feet and Tract A is only 60 feet based on the following:
allowing Tract A to have a width of 60 feet allows reasonable development of the
subdivision given that Tract A is intended to be used for roadway purposes only and
such an exception preserves public welfare and interests of the City and the general
intent and spirit of the City's subdivision regulations.
MOTION:
Commissioner Knackstedt MOVED to approve PA13 -41 with staff recommendations and
Commissioner Shiflea SECONDED the motion.
Twait opened the meeting to public hearing; there being no one wishing to speak, the public
hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS — None.
6. UNFINISHED BUSINESS —None.
7. NEW BUSINESS
a. PZ11 -22 —Review of Conditional Use Permit for Motor -Cross Race Track for the
property known as Tract A2 -2, Birch Fields Subdivision Kenai Well Addition No. 2 (490
Shotgun Drive), Kenai, Alaska. Discussion — Approval Permanent Status.
Koch reviewed the staff report included in the packet, recommending approval with the
additional requirements given by the Commission as follows:
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 3
Page 51 of 59
1. The permit is limited to the existing facilities. Any expansion of the use would
require an amendment to the permit subject to a public hearing as required in KMC
14.20.150(h). This restriction does not include the accessory uses which support
the principal use including the parking expansion, restrooms, trash receptacles, and
water manifolds as shown on the site plan. Also excluded from this restriction is the
BMX RC (Remote Control) Car Pit track due to the limited effect on neighboring
properties by such activities.
2. The Spill Prevention Control and Countermeasure Plan, December 2010, must be
updated to identify the location of the spill kit (Item 1.2).
3. In the event of a spill, the City of Kenai, Planning Department must be notified of the
incident.
4. The Caring for the Kenai Recycled Tire Sound Barrier will require a building permit
and must be reviewed and approved by the City of Kenai Planning and Building
Departments prior to construction.
5. Building construction concerns must be addressed as follows:
a. The existing, unfinished building at the race track must be completed in
accordance with code. An application for a permit and plans must be
submitted as required for the remainder of the work necessary to finish the
building or for any other new construction proposed.
b. All structures at the motocross track must be removed or considerably
improved to be in substantial compliance with current codes. Numerous
deficiencies were observed at the observation /concession building (identified
as tower operations on the site plan) and the stadium seating structures and
they are not acceptable for continued use. Application for permits and plans
will be required for all new work proposed to repair or replace the structures.
6. Permit will be scheduled for review before the Commission prior to the end of 2013.
Koch also recommended adding requirements suggested by the Board of Adjustment as
follows:
1. The Racing Lions shall comply with any and all conditions and requirements of the
Land Use Permit issued by the Kenai Peninsula Borough (LIVID Project #04 -15) the
term of which is May 19, 2011 through May 18, 2013, and as the Land Use Permit it
may be subsequently amended or renewed or replaced.
2. The Racing Lions must complete and shall comply with the Spill Response Control
and Countermeasures Plan (Kenai Peninsula Racing Lions, dated December,
2010) implemented to ensure groundwater protection. The Racing Lions shall
provide a completed copy of the Plan (including the location of the spill kit identified
in section 1.2 of the Plan) to the city no later than December 31, 2011, unless the
City otherwise agrees in writing. In addition, the Racing Lions shall report all
reportable incidents under that Plan to the City of Kenai in the same manner as
otherwise specified in section 1.4 of that Plan regarding reports to other agencies
this replaces condition 2 as set out in Commission Resolution PZ11 -22).
3. The Racing Lions shall immediately inform the City of any oil and hazardous
substance spill on the Property that it is otherwise required to report to the Borough
or to any state or federal regulatory agency and such information shall be provided
to the City within ten calendar days of its distribution to those agencies (this
replaces condition 3 as set out in Commission Resolution PZ11 -22).
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 4
Page 52 of 59
4. The Racing Lions shall provide the city with copies of all enforcement orders and
notices of violation (or alleged violation) received by the Racing Lions from the
Kenai Peninsula Borough or from any state or federal regulatory agency with
respect to its operations on the Property and such information shall be provided to
the City within ten calendar days of its receipt by the Racing Lions.
5. The Racing Lions shall post at least three new sets of signs on the Property. The
signs shall be located at the fork in the road on shotgun Drive leading to the entry
gate, on the entry gate, and in another conspicuous location where bikes may enter
the track. One set of signs shall display the practice schedule. The other set of
signs shall say "No Trespassing." The Racing Lions shall maintain these signs
throughout the life of this permit so that the signs are easily readable and in good
condition.
6. The hours of operation for motocross activities shall be limited as follows (nothing
requires the Racing Lions to utilize all permitted hours and it may elect to open its
motocross track for fewer hours):
Sunday: The track shall be closed.
Monday: The track shall be closed.
Tuesday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
Wednesday: the track maybe open from 3:00 p.m. through 8:00 p.m.
Thursday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
Friday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
Saturday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
7. The schedule in subparagraph f, immediately above, does not apply to motocross
race events (for example City Races and state race weekends) held on weekends
and on State holidays, which events are permitted.
8. Because Radio Control (RC) and BMX racing will not add any significant additional
noise or traffic to the area, and because no specific objection to those additional
uses was made (only a request for clarification), the Board affirms the commission's
decision that the Racing Lions may further expand the facility to include a new track
and activities with respect to RC and BMX racing. Any RC and BMX racing must
occur during the same hours of operation as the motocross activities on the
Property. Pit bikes are not permitted due to their potential to generate additional
noise and traffic in the area. If the Racing Lions wants to have pit bike activities on
the Property, it must apply for a separate conditional use permit for that expanded
use. (This modifies condition 1 as set out in Commission Resolution PZ11 -22.)
MOTION:
Commissioner Arness MOVED to approve PZ11 -22 with staff recommendations and
Commissioner Shiflea SECONDED the motion.
Twait opened the meeting to public hearing.
Robert Flanders, 4769 Beaver Loop Road — spoke against a "permanent" permit, citing noise
and traffic concerns.
There being no one else wishing to speak, the public hearing was closed.
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 5
Page 53 of 59
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedures.
b. PZ13- 38(08 -61) —Transfer of Conditional Use Permit— Veronica's Coffee Shop — 602
Petersen Way. Transfer requested by Shilo Miller, P.O. Box 920, Sterling, Alaska.
Koch reviewed the staff report included in the packet, recommending approval with no
contingencies.
MOTION:
Commissioner Arness MOVED to approve PZ13 -38 and Commissioner Shiflea SECONDED the
motion.
Twait opened the meeting to public comment; there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
c. PZ13 -39 — Home Occupation Permit — Gun Business — For the property known as Lot
3, Block 1, Northgate Subdivision Part One (1505 Pine Avenue). Application submitted
by Chad Parker, Kenai, Alaska.
Koch reviewed the staff report included in the packet, recommending approval with the following
conditions:
Only Mr. Parker will be employed in the business.
Less than 30% of the gross floor area of all buildings will be used for the business.
The home occupation shall be carried on wholly within the principal building, or
other buildings which are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
Business will be conducted by phone, computer, mail orders, and scheduled
appointments with customers.
Code allows one sign per use not t exceed five square feet.
Remain current on all obligations to state, federal and local. Remain in compliance
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 6
Page 54 of 59
with all state, federal and local regulations.
Twait opened the meeting to public hearing.
Chad Parker, applicant — Spoke in favor of permit.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Commissioner Knackstedt MOVED to amend by adding the following condition: There will be
no ammunition, manufactured, stored or sold beyond personal usage within the property.
Commissioner Shiflea SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Fikes, Twait, Shiflea, Knackstedt
NAY: Arness
AMENDMENT PASSED.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedure.
d. PZ13 -40 —Transfer of Conditional Use Permit —Purchased condominium interest in
property known as Kenai Landing — 2101 Bowpicker Lane Units 5 & 6. Transfer
requested by PRL Logistics, Inc. C/O Ron Hyde, Anchorage, Alaska.
Koch reviewed the staff report included in the packet, recommending approval with the following
conditions:
Comply with all state, local and federal regulations.
Submit State of Alaska, Department of Environmental conservation documentation
of approval for septic systems and water systems for the conditional use.
Provide landscape /site plans for review and approval when applications for building
permits are submitted.
If the recreational vehicle sites are increased in the future, submit landscape /site
plan for approval.
Provide verification of sales tax registration with the Kenai Peninsula Borough.
Mark all buildings with proper unit number not less than 4 inches.
Review 2014 annual report to verify that all uses were operated otherwise the
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 7
Page 55 of 59
Conditional Use Permit must be amended to remove the uses not operated.
MOTION:
Commissioner Shiflea MOVED to approve PZ13 -40 with all staff recommendations and
Commissioner Arness SECONDED the motion.
Twait opened the meeting to public comment; there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
e. Application from the Peninsula Art Guild, Inc. requesting an extension of their current
lease including an Ordinance authorizing an extension and amendment of the lease for
the property known as A Portion of Lot 3, Block 17, Original Townsite of Kenai (816
Cook Avenue).
Clerk's Note: (7 -e) was heard before (7 -a) during the meeting.)
Koch reviewed the staff report included in the packet, recommending approval.
MOTION:
Commissioner Shiflea MOVED to recommend approval of the lease extension and
Commissioner Arness SECONDED the motion.
Twait opened the meeting to public hearing.
Joe Kashi, Art Guild Secretary — stood for questions.
There being no one else wishing to speak the public hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
8. PENDING ITEMS
a. Storefront Improvement Program.
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11. 2013
PAGE 8
Page 56 of 59
9. REPORTS
a. City Council — Mayor Porter reported an ordinance regarding telephonic participation
would be coming forward; noted the January 8 commission /committee work session;
and, thanked the Commissioners for their work throughout the year.
b. Borough Planning — No report.
c. Administration —City Manager Koch noted recruitment for a City Planner was still
underway, with a December 19 visit from a prospective candidate.
10. PERSONS PRESENT NOT SCHEDULED — None.
11. INFORMATION ITEMS
a. Kenai River Center Permit for Bank Restoration —Kenai River Mouth, Kenai, AK
b. 2014 Meeting Calendar
c. Memo from City Attorney to Council regarding referendum concerning Comprehensive
Plan
12. NEXT MEETING ATTENDANCE NOTIFICATION — January 8, 2014
Commissioner Shiflea requested an excused absence from the January 8 meeting.
13. COMMISSION COMMENTS & QUESTIONS
Twait thanked Administration for the opportunity to attend training in November.
14. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:28
p.m.
Minutes prepared and submitted by:
Corene Hall, CIVIC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 9
Page 57 of 59
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Page 58 of 59
M
VI'laye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 'lll l
1992
MEMO:
TO: City Council
ll /
1 FROM: Rick Koch
DATE: December 30, 2013
SUBJECT: Kenai River Special Management Area (KRSMA) Advisory Board
The purpose of this correspondence is to provide for your information, copies of letters from
the following groups and individuals to Alaska Commissioner of Natural Resources Joe Balash,
regarding the membership of the KRSMA advisory board:
1. Kenai Area Fisherman's Coalition
2. Kenai Peninsula Fisherman's Association
3. Ken Tarbox
Thank you for your attention in this matter. If you have any questions, please contact me at
your convenience.
Kenai
Area
Fisherman's
Coalition
Joe Balash, DNR Commissioner
Dept. of Natural Resources
550 W. 7' Ave., suite 1400
Anchorage, Ak. 99501
Dear Commissioner Balash,
Dec. 30, 2013
Kenai Area Fisherman's Coalition (KAFC) is a private angler sport fishing group dedicated to protecting the
rights of private resource users in the Kenai area, habitat protection and conservation of our fisheries for future
long -term sustainability. We have eight past ADF &G or USF &W fisheries biologists either on our BOD or in
our membership.
Over the years, several of us in our organization, with Kenai River fisheries and habitat expertise, have
submitted numerous applications to be considered for the Kenai River Special Management Area (KRSMA)
board only to be rejected for unknown reasons. Some of us have volunteered to sit on KRSMA sub - committees
to participate in the KRSMA process.
Those of us that have been involved with the KRSMA board for a long period of time have witnessed an
erosion of public trust because of the bias in the member selection process. The board no longer represents a
broad spectrum of interests on issues related to the Kenai River but is dominated by guided sport fish interests
and organizations. Kenai River Sportfrshing Association (KRSA) and Kenai River Professional Guides
Association (KRPGA) have long been recognized in our community as sister organizations with interests in
advancing guide industry considerations. Between these two groups they now maintain five of the nine KRSMA
board seats with people that have direct ties to their organizations. Even the Director of Parks, Ben Ellis, who
oversees and approves these appointments is a past Executive Director of KRSA.
Furthermore, recent actions by some of the board members involved in the Alaska Fisheries Conservation
Alliance (AFCA) Ban Setnet Initiative, has further demonstrated their bias towards other user groups in our
community. KRSMA Chairman, Joe Connors, is also Chairman and initiative spokesmen for AFCA, and
KRSMA board members Rickie Gease and Carol Padgett also signed on to the initiative packet that was
delivered to LT. Governor, Mead Treadwell, for consideration. This involvement by these board members
demonstrates a complete lack of respect and consideration for other members of our community. The allocative
direction of this initiative has been deemed so disdainful in our community that both the Kenai Peninsula
Borough Assembly and the Kenai City Council have voted unanimously to pass resolutions opposing this
initiative.
This entire initiative process has created so much distrust between sport and commercial interests in our
community that it has also made it more difficult for other sport fishing groups, such as ours, to continue
meaningful communications with commercial fishing organizations necessary to resolving resource allocation
and sustainable fishery issues. It has certainly tarnished the KRSMA image and probably can't be remedied
unless these individuals are removed from the KRSMA board and replaced with an unbiased cross section of a
fair representation to all user groups.
In another matter, board member Dave Carey, resigned from the KRSMA board and was replaced by yet
another member of the guide industry, Monte Roberts. Mr. Carey was a private angler and respected past
Chairman of the KRSMA board. Superintendent Blackwell told me that he and Chairman Connors together
selected river guide Monte Roberts to replace Mr. Carey and fulfill his remaining term. Mr. Roberts is currently
the Fisheries Committee Chairman for KRPGA and has himself shown a bias against private anglers through a
proposal that he has submitted to the Board of Fisheries for consideration.
In his proposal Mr. Roberts seeks to end the time periods that private anglers on the Kenai River presently enjoy
when they can fish without the competition of guide boats and guide activity. If passed, this Board of Fisheries
proposal would end the habitat friendly "Drift Boat Monday" that private anglers presently enjoy. It would also
end the private angler Sunday fishery and restrict the fishing hours to 6am — l Opm. Currently, private anglers
have the opportunity to fish in the mornings and evenings outside of the guide hours of 6am — 6pm.
These opportunities for unguided anglers to fish without competing guide activity was put into place because
too many local private anglers were being displaced off of the river because of the increases in commercial
guide activity. They were also put into place to help equalize the harvest rates between guided and unguided
anglers.
Perhaps Superintendent Blackwell was unaware of the level of Mr. Robert's bias against private users or his
involvement in authoring such a proposal when he supported his appointment. In any event, we are requesting a
review of Mr. Robert's appointment to the KRSMA board and would like to see it be reversed and given to a
non - commercial representative who is much closer aligned to the positions Mr. Carey represented.
KAFC still supports the original intent of the KRSMA board. We believe it can play an important part in the
development and well -being of our Kenai River resources. We also depend on administrators, like yourself, to
recognize the current representation on the board undermines the legitimacy of its intended principles to be an
objective voice for all user groups.
Thank you in advance for considering our concerns in these matters.
Respectfully Submitted,
Dwight Kramer,
KAFC Chairman
cc: Governor Sean Parnell
Senator Peter Micciche
Representative Mike Chenault
Representative Kurt Olson
Representative Paul Seaton
KPB Mayor Mike Navarre
Kenai City Mgr. Rick Koch
Kenai Peninsula Fishermen's Association
L•7isuring the Sastainabilitp of Our Fishery Resources
43961 Kalifornsky Beach Road • Suite F • Soldouta, Alaska 99669-8276
907) 261 -1491 • Fits: (907) 161 -1898 • E Mail. kpfa@alaskt.net
12/23/2013
Commissioner Joe Balash
Department of Natural Resources
Office of the Commissioner
550 W. 7th. Avenue, Suite 1400
Anchorage, AK 99501
Dear Commissioner Balash,
The Kenai Peninsula Fishermen's Association (KPFA) has been a commercial fishing advocacy group
since 1954. Primarily comprised of setnet salmon limited entry permit holders, we also include other
Cook Inlet gear types, crewmembers, fish processors, local businesses and general interest in our
membership.
As you know, fisheries issues on the Kenai Peninsula have long been a contentious subject. The recent
statewide" ballot initiative petition submitted by the Alaska Fisheries Conservation Alliance (AFCA)
to ban setnets in Cook Inlet serves as a reminder ofjust how cutthroat fisheries allocation on the Kenai
can be. KPFA supports and recognizes the importance of ALL fisheries user groups and encourages
balanced, healthy discussion between these groups. We on the Kenai Peninsula enjoy very healthy and
diverse fishery resources and user groups, all of which support the vibrant culture and economy that
make our home unique. It's no secret that one of the cornerstones of our home on the Kenai Peninsula
is the Kenai River. The draw of this great resource is what made the Kenai River Special Management
Area Advisory Board (KRSMA) a necessity.
The KRSMA board was created pursuant with AS 41.21.5 10 which states:
The advisory board appointed under this section shall be representative of user groups, resident
property owners, municipalities, agencies of the state and federal governments, and other interest
groups. A majority of the members of the advisory group shall be residents of the Kenai Peninsula
Borough."
The board bylaws state that
The purpose of the KRSMA board is, (among other things), "To represent the broad public interest
on issues related to the Kenai River".
Section III states
Public members shall be selected to ensure representation of the broad spectrum ofpublic interests
involved with or affected by the Kenai River and to prevent domination of the Board by a single
viewpoint unrepresentative of the river's broad constituency. "
It is with this in mind that we express our concern that the KRSMA board has been dominated by
special interest. We believe that the current leadership of your board has allowed it to be
overwhelmingly represented by a single viewpoint, which has rendered it incapable of properly
addressing the many usage - related habitat issues that the Kenai now faces, or the broad public interest it
was created to represent.
KPFA questions the effectiveness of a board created to represent the public interest when it is chaired
and overwhelmingly comprised of those beholden to one specific special interest or viewpoint. We
question the objectivity of a president or board member who is dedicated to the elimination of one of
the user groups his or her board was created to represent.
Three of the nine public seats on the KRSMA board sponsored the petition to eliminate Commercial
Semetting from Cook Inlet, and the current board president authored this petition. Despite multiple
applications throughout the years, none of the public seats on the KRSMA board represent the interests
of the multiple commercial fisheries user groups, which are a pillar of the Peninsula culture and
economy. Even well qualified biologists and private sportfishermen have been repeatedly denied a seat
on this board. The majority of the voting seats on this board represent the select interests and viewpoint
of Kenai River Sportfishing Association (KRSA) and the Kenai River Guide user group.
According to KRSMA board bylaws, new applicants to the board are to be submitted to the whole
board for review before being forwarded to you for confirmation. At the latest KRSMA meeting, the
Kenai Peninsula Borough representative objected to the fact that this has not happened. 2012 KRSMA
board applicants were interviewed by the DNR parks director who was the former KRSA executive
director. 2013 applicants were interviewed by the current KRSMA board president, who is also the
AFCA board president and anti - setnet ban petition author and sponsor, and a former KRSA board
member. While both of these interviews were also attended by your area superintendent, we feel that
the current application and interview process to this board is unacceptable.
The current KRSMA board president recently, without board consult or approval, appointed KRSMA
board member, anti - setnet initiative petition sponsor, and Executive Director of Kenai River
Sportfishing Association as the KRSMA board Legislative Committee Chairperson. This represents a
substantial conflict of interest and is one more example of the degree to which this board has been
infiltrated by special interest.
The board bylaws state that
there shall be no deliberate concentration: ofspecific viewpoints on the Board which would be
contrary to the balanced representation specified in these bylaws. Each Board member carries the
responsibility to represent the broad public interest and no member shall consider himself or herself
merely an advocate of a specific group. "
Commissioner Balash, we ask that you conduct a full review of the KRSMA board including the
makeup of the board, the nomination process, and the actions of the individuals who have been
entrusted with directing and overseeing this board and the broad public resource and interest it was
designed to represent. The KRSMA board has, under the direction of the current board president and
DNR Parks Director, been overtaken by special interests and is in direct conflict with the bylaws
governing its existence.
Sincerely,
Robert Williams,
President
Kenai Peninsula Fishermen's Association
43961 Kalifor nsky Beach Road • Suite F • Soldofna, Alaska 99669 -8276
907) 262 -2492 • Fax: (907) 262 -2898 • E Alail.• kpfa@alasku.net
December 30, 2013
DNR Commissioner Joe Balash
Department of Natural Resources Office of the Commissioner
550 W. 7th. Avenue, Suite 1400
Anchorage, AK 99501
Dear Commissioner,
I am writing to express my concern about the direction of the Kenai River Special
Management Area Advisory Board ( KRSMA). I have a long history with the KRSMA
and frankly have no confidence that KRSMA can presently function as envisioned.
I have been involved for 33 years with Kenai River fishery issues. From 1980 to 2000 I
was the Research Project Leader for the Alaska Department of Fish and Game for Upper
Cook Inlet (I have a Master of Science in Fisheries). Prior to this I worked 8 years as an
Environmental Consultant for Woodward Clyde Consultants (4 years in Alaska).
I have done extensive research on the Kenai River system relative to sockeye salmon
production. I also managed the commercial fishery for two years and received the State
of Alaska outstanding fishery manager award in 1991. I have served on the KRSMA
habitat committee for the past few years.
What I have seen during this time is significant erosion of the KRSMA and its ability to
function in an objective and transparent manner. This has reached the point that the
credibility of the Board is so low that no one takes it seriously. As a result, you have few
qualified applications for KRSMA membership and the selection process weeds out those
that may counter or question the in -river guide industry, existing use patterns, or
biological decisions.
I have personal knowledge of this bias and wish to share it with you. I retired from
ADF &G in 2000 and wanted to continue to serve the community by volunteering for
various organizations. I put my application in twice to the KRSMA board and was twice
rejected.
When I asked DNR directors and local staff why I was told that I was too controversial.
In truth the controversy was I and others have spoken out on the issues of erosion along
the banks of the river due to boat traffic, hydrocarbons that exceeded state standards, and
recently turbidity issues in the river due to boats. I did not support some of the
boardwalk projects that powerful groups like Kenai River Sport Fishing Association
wanted.
In summary, the KRSMA was being hand picked not to take up tough issues or do
planning in a comprehensive manner. To date hundreds of thousands of dollars have
been spent on studies of boat wakes, hydrocarbons, turbidity, land use patterns, and social
issues. The KRSMA has not been a leader on any of these issues and in most cases has
fought actions to correct identified problems. In short, the Board is not effective at
implementation of its mission but instead fights actions that change the status quo.
Today, the Board is at the lowest point I have ever witnessed. The Board President and
local DNR staff without any review did the recent selection of new members. Members
were selected that further biased the Board to a guide oriented organization and the
present Board President and two members have openly called for the elimination of a
whole user group in UCI. In addition, the present Board President appointed the
executive director of Kenai River Sport Fishing Organization as the Board legislative
representative. This individual has worked hard with the Legislature to influence
allocation issues in UCI and there is no way that he can separate this role from his
position on KRSMA. In short he cannot be objective relative to all user groups.
I am willing to discuss these issues with you at any time and hope you realize why I am
taking the time to write. I want to see the Kenai River protected for future generations.
It is not being protected today and in fact has degraded significantly over the last 30
years. It is time to clean house with the KRSMA and start fresh. I would suggest outside
independent review of the Board process and makeup and a report generated for your
review and action on how to fix the present situation. Dissolving the present Board may
be the first step.
Sincerely
Ken Tarbox
33270 Community College Drive
Soldotna, Alaska 99669
907 - 262 -7767
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