HomeMy WebLinkAbout2014-03-05 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
MARCH 5, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
A. 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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Bob Myles, Kenai Resident – Veteran’s Memorial at Leif Hansen Memorial
Park.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2741-2014 – Amending Kenai Municipal Code 1.90.010 -
Creation, to Provide for Council Liaisons, Instead of Council Ex Officios and
Council Consultants, to Boards, Commissions, and Committees, and Other
Clarifying Amendments. ...................................................................................... Pg 5
2. Resolution No. 2014-18 – Authorizing a Budget Transfer within the General
Fund from Non-Departmental - Contingency to Non-Departmental - Insurance
for Payment of Insurance Litigation Deductibles. ................................................ Pg 13
E. MINUTES
1. *Regular Meeting of February 19, 2014 ............................................................... Pg 17
F. UNFINISHED BUSINESS
1. 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. [Clerk’s Note: Ordinance was postponed at the
February 19th meeting and a motion to approve is on the floor.] .......................... Pg 25
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified .............................................................. Pg 37
2. *Action/Approval – Purchase Orders Exceeding $15,000 ................................. Pg 39
3. Action/Approval – Application for Restaurant Designation Permit Filed by
Pink Coyote Limited, D/B/A Main Street Tap & Grill, License #4555. .................. Pg 41
4. Action/Approval – Amending the Kenai City Council Policy Commission,
Committee, Board and Council on Aging Meeting and Work Sessions by
Increasing the Parks & Recreation Commission’s Meeting Schedule to
Monthly, Excluding the Month of July. ................................................................. Pg 43
5. Action/Approval – Mayoral Nomination and Council Confirmation of
Appointing Gary Greenberg to the Harbor Commission. ..................................... Pg 47
6. *Ordinance No. 2742-2014 – Appropriating a State of Alaska Municipal
Matching Grant and Required Local Match for the Replacement of a Failing
12” Asbestos/Concrete Water Main. ................................................................... Pg 49
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 ...................................................................... Pg 53
7. Beautification Committee
8. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk ............................................................................................................ Pg 57
City of Kenai Council Meeting Agenda Page 2 of 3
March 5, 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
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review. ........................ Pg 63
2. Draft Ordinance – Amending KMC 14.20.290- Appeals-Board of Adjustment, to
Require Board Members to be Physically Present at Board of Adjustment
Hearings in Order to Participate in Rendering a Decision or Voting on the Appeal. .. Pg 65
3. Kenai River Special Management Area January Meeting Minutes and February
Agenda. .................................................................................................................... Pg 71
4. Correspondence from Kenai Central High School After-Prom Committee
Regarding Donation for an After Prom Activity. ......................................................... Pg 77
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
March 5, 2014
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KENAI CITY COUNCIL – REGULAR MEETING
FEBRUARY 19, 2014 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
VICE MAYOR RYAN MARQUIS, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on February 19, 2014, in City Hall
Council Chambers, Kenai, AK. Vice Mayor Marquis called the meeting to order at 7:00
p.m.
1. Pledge of Allegiance
Vice Mayor Marquis led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Mayor Pat Porter (telephonic) Vice Mayor Ryan Marquis
Robert Molloy Brian Gabriel
Terry Bookey Tim Navarre (telephonic)
Mike Boyle
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Corene Hall, Deputy City Clerk
3. Agenda Approval
MOTION:
Council Member Molloy MOVED to approve the agenda 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. Council Member Gabriel SECONDED the motion.
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Vice Mayor Marquis 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
Henry Knackstedt, Airport Commission Chair – Mr. Knackstedt thanked City
Manager Koch for planning, organizing and moving the drilling rig display from the Kenai
Municipal Airport to the Visitors Center.
Robert Ruffner, Kenai Watershed Forum – Mr. Ruffner expressed concern regarding
damage to wetlands along the river if the personal use fishery closed the beach during
the season.
D. PUBLIC HEARINGS
1. Ordinance No. 2740-2014 – Amending Kenai Municipal Code 7.15.060 -
Sales, Surplus, Competitive Bidding, to Provide an Exception for the Disposal
of Library Materials Removed from the City’s Collection.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2740-2014, Amending Kenai
Municipal Code 7.15.060 - Sales, Surplus, Competitive Bidding, to Provide an Exception
for the Disposal of Library Materials Removed from the City’s Collection. Council
Member Molloy SECONDED the motion.
Vice Mayor Marquis opened the public hearing, there being no one wishing to speak the
public hearing was closed.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend the ordinance by inserting “support” in the
blank space in the fifth whereas and requested UNANIMOUS CONSENT. Council
Member Bookey SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
City of Kenai Council Meeting Minutes Page 2 of 7
February 19, 2014
Page 18 of 77
VOTE ON MAIN MOTION AS AMENDED:
YEA: Bookey, Gabriel, Marquis, Molloy, Navarre,Porter
NAY:
MOTION PASSED UNANIMOUSLY.
E. MINUTES
1. *Regular Meeting of February 5, 2014
Approved by the consent agenda.
F. UNFINISHED BUSINESS
1. 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. [Clerk’s Note: Ordinance was postponed and
referred to the Planning & Zoning Commission to be brought back to Council
at its February 5, 2014 meeting. Motion to enact is on the floor.]
Vice Mayor Marquis opened the public hearing.
Jeff Twait, Planning and Zoning Commission Chair – Mr. Twait made himself
available to Council for any questions.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by striking “at the commissioner’s expense”
in section (h). Council Member Bookey SECONDED the motion and requested
UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by striking “starting November 1st of each
year” in sections (n) and (o), and inserting “during the 12 month calendar year,” and
requested UNANIMOUS CONSENT. Mayor Porter SECONDED the motion.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
MOTION TO POSTPONE:
Mayor Porter MOVED to postpone to the March 5, 2014 meeting and Council Member
Gabriel SECONDED the motion.
City of Kenai Council Meeting Minutes Page 3 of 7
February 19, 2014
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VOTE ON POSTPONEMENT:
YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey
NAY:
MOTION PASSED UNANIMOUSLY.
2. Action/Approval – Council Confirmation of the Mayor’s Nomination of
Glenese Petty to the Planning & Zoning Commission.
MOTION:
Council Member Molloy MOVED to confirm the Mayor’s nomination of Glenese Pettey to
the Planning and Zoning Commission. Council Member Gabriel SECONDED the motion
and requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
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 – Non Objection of Liquor License Renewals:
• American Legion Post #20
• Country Liquor LLC d/b/a Country Liquor
Council Member Bookey stated the following for the record: The City of Kenai has
determined that Country Liquor LLC and American Legion Post #20 have satisfied all
obligations to the City; therefore, the City has no objection to the renewal of their liquor
licenses.
MOTION:
Council Member Bookey MOVED to direct the City Clerk to forward letters to the
Alcoholic Beverage Control Board advising that the City has no objection to the liquor
license renewals for the afore-described liquor licensees. Council Member Gabriel
SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
4. Action/Approval – Mayoral Nomination and Council Confirmation to
Reappoint Charlie Stevens to the Parks & Recreation Commission.
City of Kenai Council Meeting Minutes Page 4 of 7
February 19, 2014
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MOTION:
Council Member Bookey MOVED to confirm the Mayor’s nomination of Charlie Stephens
to the Parks and Recreation Commission and requested UNANIMOUS CONSENT.
Council Member Molloy SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
5. Action/Approval – Mayoral Nomination and Council Confirmation to
Reappoint Henry Knackstedt to the Planning & Zoning Commission.
MOTION:
Mayor Porter MOVED to nominate and confirm the reappointment of Henry Knackstedt
to the Planning and Zoning Commission. Council Member Navarre SECONDED the
motion and requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
6. *Ordinance No. 2741-2014 – Amending Kenai Municipal Code 1.90.010 -
Creation, to Provide for Council Liaisons, Instead of Council Ex Officios and
Council Consultants, to Boards, Commissions, and Committees, and Other
Clarifying Amendments.
Ordinance No. 2741-2014 was introduced by the consent agenda and public hearing
scheduled on March 5, 2014.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – Vice Mayor Marquis reported on the February 13
meeting; welcoming new member Foster Walters and noting new siding to be
placed in the spring.
2. Airport Commission – Council Member Gabriel reported on the February 13
meeting, noting new member Charles Henry and the Kenai Peninsula Air
Fair.
3. Harbor Commission – Council Member Molloy reported on the February 10
meeting advising the March 10 meeting had been rescheduled for March 17
due to lack of quorum.
4. Library Commission – No report.
5. Parks and Recreation Commission – Council Member Bookey reported on
the February 6 work session and meeting, noting the CIP list for FY15, 16,
and 17.
6. Planning and Zoning Commission – Council Member Navarre reported on
the February 12 meeting, where the resolution on telephonic participation
passed unanimously.
City of Kenai Council Meeting Minutes Page 5 of 7
February 19, 2014
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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:
• There was another resignation on the Planning and Zoning Commission.
• She visited the Rustic Goat in Anchorage, which was built using materials
salvaged from Kenai Landing.
• The City Manager’s evaluation was rescheduled from March 20 to March
10 at 6:00 p.m.
• She would have a new Harbor Commission member to nominate at a
future meeting.
J. ADMINISTRATION REPORTS
1. City Manager – Koch reported the following:
• Former Governor Mike Stepovich had passed away.
• Met in Juneau with 24 legislators.
• Met in Anchorage with the Corps of Engineers regarding the Bluff Erosion
Project.
• Participating on Sound Off on the radio on Thursday morning regarding
the Personal Use Fishery.
• Gave a synopsis of the Board of Fisheries meetings.
• Received thanks from 30 – 50 people for the Council sending him as a
representative of the community at the Board of Fisheries meetings.
2. City Attorney – Bloom reported he read to four classes of third and fourth
graders at Mountain View Elementary and he toured the South Beach with
the Public Works Director regarding private property lines along the beach.
3. City Clerk – No report.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments – None.
2. Council Comments
Gabriel noted there were nine comments on the KSRM website supporting the beach
closure.
Molloy thanked Robert Ruffner, Henry Knackstedt, and Jeff Twait for speaking to the
Council.
L. EXECUTIVE SESSION – None Scheduled
M. PENDING ITEMS – None
City of Kenai Council Meeting Minutes Page 6 of 7
February 19, 2014
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N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:34
p.m.
Minutes prepared and submitted by:
________________________________________
Corene Hall, CMC, Deputy City Clerk
City of Kenai Council Meeting Minutes Page 7 of 7
February 19, 2014
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MEMORANDUM
TO: Mayor and City Council Members
FROM: Sandra Modigh, City Clerk
DATE: February 26, 2014
RE: Restaurant Designation Permit #4555
Pink Coyote Limited, d/b/a Main Street Tap & Grill
The City has received notification that Pink Coyote Limited, d/b/a Main Street Tap & Grill
has submitted an application to the Alcoholic Beverage Control Board for a Restaurant
Designation Permit. Pursuant to Alaska Statutes, this permit allows access of persons under 21
years of age to designated licensed premises for the purpose of dining, and persons under the
age of 20 for employment.
Pursuant to KMC 2.40, a review of accounts was completed and administration finds the
applicant has satisfied all obligations to the City.
Recommendation:
To direct the City Clerk to forward a letter to the Alcoholic Beverage Control Board advising the
City has no objection to the approval of Restaurant Designation Permit #4555 for Pink Coyote
Limited, d/b/a Main Street Tap & Grill.
/SM/
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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MEMORANDUM
TO: Mayor and City Council Members
FROM: Sandra Modigh
DATE: February 26, 2014
SUBJECT: Kenai City Council Policy for Commission, Committee, Board and
Council on Aging Meetings and Work Sessions
During the administrative review of the City’s Commission, Committees, and Boards,
the Parks & Recreation Commission requested Council revise the Commission’s
meeting schedule permitting monthly meetings with the exception of meeting in the
month of July. At the January 8, 2014 council work session, Council requested the City
Clerk bring forward this policy change.
Your consideration is appreciated.
/SM/
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
[Type text]
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Commission, Committee Board Reappointment:
If, after a term (or consecutive term) of appointment has been completed, a commission,
committee or board member would like to be reappointed for an additional term, an application
must be submitted to council for consideration and approval.
Formation of Subcommittees of Commissions, Committees or Boards:
A subcommittee of a commission, committee or board may be formed for a specific function if
upon review by administration, it is indicated the subcommittee would be a governmental body
and a subcommittee of a public entity and if the formation is approved by Council.
If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the
public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and
on the city website at least five (5) days prior to the meeting; and the meetings may be
electronically recorded and the recordings (the official record) stored in the City Clerk's Office.
Meeting Schedules:
Until further notice, the commission/ committee meeting schedule is as follows:
Commission/
Committee/Board
Meeting Schedule Scheduled Meeting Days
Planning & Zoning Commission Twice monthly January through December
Second & Fourth Wednesdays
Library Commission Meetings held in February,
May, August, and
November
First Tuesday of the month
Council on Aging Monthly Second Thursday of the month
Beautification Committee Meetings held January,
April, May, September and
October
Second Tuesday of the
month
Parks & Recreation
Commission
Meetings held August,
October, December,
February, and April Monthly,
except for July
First Thursday of the month
Airport Commission Monthly Second Thursday of the month
Harbor Commission Monthly First Monday after first council
meeting of the month
Advisory Cemetery Committee
Monthly Third Thursday of the month
(Sunsets on December 31,
2010.)
1. Commission, committees and boards, including Library, Parks & Recreation and Airport
Commissions and Beautification Committee, shall meet as listed above.
2. Council on Aging shall meet monthly at the Kenai Senior Center.
3. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from
this meeting directive.
4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's
approval and notification of Council and City Manager, hold special meetings (for a
specific purpose) on an as-needed basis.
KENAI CITY COUNCIL POLICY
FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING
MEETINGS AND WORK SESSIONS
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Kenai City Council Policy for
Commission, Committee, Board and Council on Aging
Meetings and Work Sessions
Page 2
5. Commission, committee and board meetings may be cancelled by the City Clerk, with
notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda
items, pre-knowledge of lack of quorum, etc.
6. All commission, committee and board meetings (except Council on Aging) will be held at
Kenai City Hall and begin at 7:00 p.m. Council on Aging meetings will be held at the
Kenai Senior Center and begin at 4:30 p.m. Exceptions for subcommittee meetings may
be made with advance notice to and approval by the City Clerk.
7. Any additional commissions, committees, or boards formed will be set and incorporated
into the following meeting schedule by the City Council.
Minutes/Meeting Recording:
8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board,
responsibility of taking notes and electronically recording the commission, committee,
board meetings, falls to the department liaison (staff member) to the specific meeting
group.
9. Summary minutes will be produced by the City Clerk from the department liaison notes
and provided to the City Council as official records of the meetings.
10. Electronic recordings of the meeting group, except the Planning & Zoning Commission,
shall be kept for two years.
11. Planning & Zoning Commission meeting recordings shall continue to be kept for six years.
Work Sessions:
12. Commission, committees and boards shall receive the City Clerk's approval to hold work
sessions to be held on a date other than that of a regularly scheduled meeting or at a time
immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a
7:00 p.m. meeting.
13. Work sessions may not be held without the approval of the City Clerk unless they occur
on the night of and at the time of a regularly-scheduled advertised meeting.
14. During work sessions, only items on the work session agenda may be discussed and no
formal actions may be taken.
15. All commission, committee and board meetings must be given appropriate public notice.
Basic Meeting Information:
16. Rules of Order: Pursuant to KMC l.15.120(b) and KMC l.90.050(c), in all matters of
parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and
govern all meetings, unless as specified in KMC 1.15.060 (motions), KMC 1.15.100
(speaking), and KMC 1.15.110 (voting).
17. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more
than one-half of the board/commission (quorum of the whole).
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Kenai City Council Policy for
Commission, Committee, Board and Council on Aging
Meetings and Work Sessions
Page 3
18. Motion: Pursuant to KMC l. l 5.060(k), all motions require a second. A majority of votes
is required to pass a motion (three, if a five-member board; four, if a seven-member
commission; five, votes if a nine-member board).
19. Speaking: In a meeting, members should be recognized by the Chair before speaking.
20. When is it a Meeting?: If any public business is discussed collectively by four or a
majority of members of one commission, committee, board, or council.
EFFECTIVE:
This directive shall take effect March 5, 2014 and remain in effect until modified by the Kenai City
Council.
Approved by the Kenai City Council on the 5th of March, 2014.
_________________________________
PAT PORTER, MAYOR
ATTEST:
____________________________
Sandra Modigh, CMC
City Clerk
Revised 3/5/13
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CITY OF KENAI
PLANNING & ZONING COMMISSION
FEBRUARY 26, 2014 – 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
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: J. Twait, P. Bryson, H. Knackstedt, K. Peterson,
and D. Fikes
Commissioners absent: J. Arness, G. Pettey
Staff/Council Liaison present: B. Molloy, F. Krizmanich, and S. Modigh
A quorum was present.
c. Agenda Approval
Twait reported the following two items administration provided as a lay down:
1E – Excused Absences for Jake Arness and Glenese Pettey
5B – Amended Staff report for PZ14-05: Preliminary Subdivision Plat – Thompson Park Subd.,
O’Neil Addn. No. 2
MOTION:
Commissioner Knackstedt MOVED to approve the agenda including the items provided as a lay
down and Commissioner Fikes SECONDED the motion. There were no objections. SO
ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
e. *Excused Absences
Approved by the consent agenda.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
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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 12, 2014
Approved by the consent agenda.
3. ELECTION OF CHAIR AND VICE CHAIR
MOTION:
Commissioner Knackstedt MOVED to nominate Twait as Chair and Commissioner Peterson
SECONDED the motion. There were no objections. SO ORDERED.
MOTION:
Commissioner Bryson MOVED to nominate Knackstedt as Vice Chair and Commissioner
Peterson SECONDED the motion. There were no objections. SO ORDERED.
4. SCHEDULED PUBLIC COMMENT – None.
5. CONSIDERATION OF PLATS
a. PZ14-04 – Preliminary Original Cook Inlet Industrial Air Park 2014 Replat and Utility
Easement Vacation, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, AK
99611.
City Planner Krizmanich reviewed the staff report included in the packet, recommending
approval with no contingencies.
MOTION:
Commissioner Knackstedt MOVED to approve Resolution No. PZ14-04, Preliminary Original
Cook Inlet Industrial Air Park 2014 Replat and Utility Easement Vacation, Submitted by Integrity
Surveys, 820 Set Net Drive, Kenai, AK 99611. Commissioner Fikes SECONDED the motion.
VOTE:
YEA: Twait, Bryson, Knackstedt, Peterson, and Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ14-05 – Preliminary Original Thompson Park Subd., O’Neil Addn. No. 2, Submitted
PLANNING AND ZONING COMMISSION MEETING
FEBRUARY 26, 2014
PAGE 2
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by Survey Max, P.O. Box 983, Soldotna, AK 99669.
Krizmanich reviewed the amended staff report provided as a lay down, recommending approval
with no contingencies.
MOTION:
Commissioner Bryson MOVED to approve Resolution No. PZ14-05, Preliminary Original
Thompson Park Subdivision, O’Neil Addn. No. 2, Submitted by Survey Max, P.O. Box 983,
Soldotna, AK 99669. Commissioner Peterson SECONDED the motion.
VOTE:
YEA: Twait, Bryson, Knackstedt, Peterson, and Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS – None.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS – None.
9. PENDING ITEMS
a. Storefront Improvement Program
City Planner Krizmanich advised the City of Soldotna began its Store Front Program a
few years ago and has been pleased with the results. Krizmanich spoke in favor of the
Program for the City of Kenai and noted he spoke with Parks & Recreation Director
Frates who advised the Beautification Committee has also expressed interest in the
Program.
The Commission requested administration query community businesses to gage interest
in the Program and report back to the commission at the second meeting in March.
The Commission noted the lack of agenda items for the first meeting in March and
possible cancellation.
10. REPORTS
a. City Council – Council Member Molloy reviewed the action taken at the February 19th
council meeting and noted the P&Z telephonic participation ordinance was postponed to
the March 5th meeting for possible amendments. Molloy advised of upcoming work
sessions Council will be conducting in the month of March.
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FEBRUARY 26, 2014
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Commissioner Peterson expressed his concern with the amendments and length of time
Council is taking to consider the P&Z telephonic participation ordinance considering the
Commission provided a recommendation.
Councilor Molloy further discussed the amendment which will be before Council at the
March 5th meeting.
b. Borough Planning – Commissioner Bryson reported on the February 24th Borough
Commission meeting.
c. Administration – Krizmanich had no additional report.
11. PERSONS PRESENT NOT SCHEDULED
12. INFORMATION ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION – March 12, 2014
Commission concurred to have the meeting cancelled for a lack of agenda items.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Peterson – thanked Molloy for explain of the proposed amendments to the P&Z
telephonic participation ordinance.
Commissioner Fikes – had no report.
Commissioner Knackstedt – recalled a list of priorities prior to Carvers departure and
requested to have them placed back on the agenda to ensure the items are discussed in the
future.
Commissioner Bryson – had no report.
Commissioner Twait – had no report.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:37p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC, City Clerk
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FEBRUARY 26, 2014
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MEMORANDUM
TO: Mayor and City Council Members
FROM: Sandra Modigh
DATE: February 26, 2014
SUBJECT: Special Assessment Petition – VIP Drive
The attached Special Assessment Petition was received in my office on February 4,
2014. According to KMC 16.05.030, the petition shall be signed by the owners of fifty
percent or more of the properties which will be benefited by the proposed improvement.
From the map I have attached, it appears more than 50% of the property owners have
signed the petition and a description of the proposed improvement ("…paving the VIP
Drive cul-de-sac") was also included. Of the nine properties which will benefit from the
proposed improvement, six have signed the petition.
According to KMC 16.10.010, within sixty days after the filing of the petition (April 4,
2014), the City Manager must forward a survey of and report on the proposed
improvement, scope, estimated cost, etc. to the City Council. By my calculations, to
have the report of the City Manager to the Council within the sixty days, the last council
meeting at which it could be presented would be April 2, 2014. Within thirty days from
that meeting, a preliminary assessment roll is then to be filed with me and within thirty
days of that filing, a resolution to set the public hearing on the proposed improvement
must be presented to Council.
CC: Rick Koch, City Manager
/SM/
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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[Type text]
Sponsored by: Council Member Molloy
CITY OF KENAI
ORDINANCE NO. *-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.290- APPEALS-BOARD OF ADJUSTMENT, TO REQUIRE BOARD
MEMBERS TO BE PHYSICALLY PRESENT AT BOARD OF ADJUSTMENT HEARINGS
IN ORDER TO PARTICIPATE IN RENDERING A DECISION OR VOTING ON THE
APPEAL.
WHEREAS, KMC 14.20.290 provides that appeals from final decisions of the Planning
& Zoning Commission and administrative officials shall be heard by the Kenai City
Council acting as the Board of Adjustment, except for matters not appealable as
provided in KMC 14.20.290(e); and,
WHEREAS, the hearing on appeal before the Board of Adjustment is a de novo hearing
in which the Board of Adjustment acts as a quasi-judicial body to hear and review the
matter (both the law and the facts) independently, without deferring to the decision of
the Planning and Zoning Commission; and,
WHEREAS, the Board of Adjustment determines the facts from the testimony of the
witnesses under oath and the material that may be admitted into evidence at the
hearing; and,
WHEREAS, the parties to the appeal who appear before the Board of Adjustment have
a due process right to a fair hearing on the appeal; and,
WHEREAS, KMC 14.20.290 is silent as to whether or not a member of the Board of
Adjustment can participate in an appeal by telephone or other means when not
physically present at the hearing; and,
WHEREAS, the parties’ due process right to a fair hearing on the appeal is supported
by requiring members of the Board of Adjustment, be present in person at the hearing
in order to participate in rendering a decision or voting on the appeal; and,
WHEREAS, it is in the best interests of the City of Kenai to amend KMC 14.20.290 to
require the physical presence of a member of the Board of Adjustment during the
hearing held on an appeal in order to participate in rendering the decision or voting on
the appeal;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
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Ordinance No. *-2014
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Section 2. Amendment of Section 14.20.290 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.20.290 - Appeals—Board of adjustment, is hereby
amended as follows:
14.20.290 Appeals—Board of adjustment.
(a) Any person(s) aggrieved by a final decision of the administrative official or
Commission may file an appeal. The appeal shall be heard by the Kenai City
Council acting as the Board of Adjustment. To be a “person(s) aggrieved” by a
final decision of the administrative official or Commission the person must be: (1)
the applicant for the action taken or determination, or the owner of the property
that is the subject of the action or determination under appeal; or (2) the
administrative official; or (3) an occupant or owner of an interest in real property
who can show proof of the adverse effect that the action or determination has or
could have on the use, enjoyment, or value of that real property. An interest that
is no different from that of the general public is not sufficient to make a person
aggrieved; or (4) any person who was entitled under KMC 14.20.280(c) to notice
by mail of a public hearing on an application for the action or determination; or
(5) a resident of the City of Kenai.
(b) Appeals from final decisions of the administrative official or the Commission must
be submitted in writing to the City Clerk within fifteen (15) days of the decision.
The appeal notice shall be in writing and must contain:
(1) The signature, name, and mailing and physical addresses of the appellant;
(2) A description of the action or determination from which the appeal is sought
and the date upon which it became a final decision;
(3) The reason for the appeal, which must include a description of harm to the
appellant, including why the appellant meets the definition of an “aggrieved
person.”
(4) A statement of the relief requested by the appellant.
(5) The street address of the property that is the subject of the action or
determination being appealed and the name and address of the owner(s) of
the property.
(6) The appellant shall pay a filing and records preparation fee as set forth in the
City’s schedule of fees adopted by the City Council. An application to proceed
with an appeal as an indigent may be filed with the City Clerk’s office on a
form provided by the Clerk. The Chair of the Board of Adjustment may allow
an applicant who qualifies as an indigent a reduced filing fee, a payment
plan, or a waiver of the filing fee where the Chair is able to make a written
finding, based on information provided by the applicant, that payment of the
appeal fee would be a financial hardship for the appellant. Based upon the
information provided, the fee may be reduced or waived in accordance with
the following schedule.
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Ordinance No. *-2014
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Annual income as a
percent of current
Health and Human
Services (HHS) Poverty
Guidelines for Alaska
Percent of
fee reduced
1—100% 100% Waiver
101—149% 75% Waiver
150—174% 50% Waiver
175—199% 25% Waiver
200% plus No Waiver
Any appellants with income equal to or less than two hundred percent (200%)
of the HHS poverty guidelines for Alaska for the year in which the appeal is
filed may apply for a payment plan in which the filing fee shall be paid in full
within six (6) months of the date of filing.
(c) The City Clerk shall reject any notice of appeal that does not comply with the
requirements of KMC 14.20.290(b) and notify the appellant of the reasons for
rejection. If a notice of appeal is rejected for reasons other than timeliness, a
corrected notice of appeal that complies with this section will be accepted as
timely if filed within seven (7) days of the date of the mailing of the notice of
rejection. The Board of Adjustment shall resolve any issues of standing or
whether a party is “aggrieved” under KMC 14.20.290(a).
(d) The appeal shall be heard by the Kenai City Council acting as the Board of
Adjustment. Members of the Board of Adjustment must be present in person for
hearings held on appeals in order to participate in rendering a decision or voting
on an appeal.
(e) The following act or determinations may not be appealed: (1) a decision to cite or
not to cite a person for a violation of the code under KMC 14.20.260 or any other
provisions of the code; (2) a decision not to issue an enforcement order under
KMC 14.20.260 or any other provision of the code; (3) any recommendation for or
against approval of the adoption, revision, or amendment of the zoning code,
zoning map, comprehensive plan, any other plan, a rezoning or any other matter
involving a recommendation.
(f) Procedure.
(1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on
all appeals within thirty (30) days of the filing of the appeal. However, should
the thirtieth day fall on a weekend or a municipal holiday, the hearing may be
scheduled for the next following weekday which is not a municipal holiday
under KMC 23.40.020(a)(1)—(10) and (b). For good cause, the Board of
Adjustment may hold the hearing up to sixty (60) days after the filing of the
appeal. Notice of the time and place of such hearing shall be mailed to all
interested parties and to all property owners within three hundred feet (300′)
of the property involved at least fifteen (15) days prior to the hearing. Notices
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Ordinance No. *-2014
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to the appellant and/or applicant for the action or determination must be
sent by certified mail, return receipt requested.
(2) Within thirty (30) days after the hearing, the Board of Adjustment shall
render a decision on the appeal. In exercising the above-mentioned powers,
the Board of Adjustment may reverse, remand or affirm, wholly or partly, or
may modify the order, requirement, decision or determination, as ought to be
made, and to that end shall have all the powers of the body from whom the
appeal is taken.
(3) All hearings of the Board shall be open to the public. The Board shall issue a
written opinion, stating its decision, the reasons for its decision, and the vote
of each member entitled to vote upon each question. The Board of
Adjustment may undertake deliberations immediately upon the conclusion of
the hearing on appeal or may take the matter under advisement and meet at
such other time as is convenient for deliberations until a decision is rendered.
Deliberations need not be public and may be in consultation with the City
Attorney. An electronic recording shall be made of the hearings and shall be
reduced to written minutes and, if needed, a verbatim transcript. The
minutes and verbatim transcript shall be made a public record. Copies of the
decision shall be promptly posted on the City’s official web site and mailed to
all parties participating in the appeal.
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(f), this ordinance shall
take effect 30 days after adoption.
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Ordinance No. *-2014
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PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2014.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: *, 2014
Adopted: *, 2014
Effective: *, 2014
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