HomeMy WebLinkAbout2014-04-02 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 2, 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. Fred Braun & Brendyn Shiflea – Kenai Chamber of Commerce and Visitors
Center Sign/Marquee Proposal. ............................................................................. Pg 5
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. 2743-2014 – 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 15
2. Ordinance No. 2744-2014 – Enacting KMC 13.20.035-Camping, Fires and
Other Activities on City Beaches, to Delineate an Area on the South Beach
Where Camping, Fires and Parking is Not Permitted. ......................................... Pg 23
3. Resolution No. 2014-22 – Affirming its Support of the Veteran’s Memorial in
Leif Hansen Memorial Park. ................................................................................ Pg 31
4. Resolution No. 2014-23 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes for the 2014 Personal Use
Fishery. ............................................................................................................... Pg 33
E. MINUTES
1. *Regular Meeting of March 19, 2014 ....................................................................... Pg 39
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified ................................................................. Pg 49
2. *Action/Approval – Purchase Orders Exceeding $15,000 .................................... Pg 51
3. *Action/Approval – Approving City Manager FY2015 Compensation to
Include the Same Percentage Cost of Living Allowance Increase Provided to
City Employees, Effective July 1, 2014.
4. *Action/Approval – Approving City Attorney FY2015 Compensation to
Include the Same Percentage Cost of Living Allowance Increase Provided to
City Employees Plus a 3% Merit Increase, Effective July 1, 2014.
5. *Action/Approval – Approving City Clerk FY2015 Compensation to Include
the Same Percentage Cost of Living Allowance Increase Provided to City
Employees Plus a 2% Merit Increase, Effective July 1, 2014.
6. *Ordinance No. 2745-2014 – Accepting and Appropriating $4,693.06 in
Asset Forfeiture Sharing Funds Received for the City’s Participation with The
Alaska State Troopers, Alaska Bureau of Investigation - Statewide Drug
Enforcement Unit. .................................................................................................. Pg 53
7. *Ordinance No. 2746-2014 – Appropriating Funds for the Purchase of a
2014 Ford Interceptor Sedan to Replace the Sedan Totaled During a Traffic
Stop on March 8, 2014 and Authorizing the Purchase through the State of
Alaska Equipment Fleet Contract. .......................................................................... Pg 55
8. *Ordinance No. 2747-2014 – Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. ............................................................................................ Pg 59
9. *Ordinance No. 2748-2014 – Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. ................................................................................ Pg 63
10. *Ordinance No. 2749-2014 – Enacting KMC 11.05.100-No Wake Zones,
Authorizing the City Manager to Establish No Wake Zones in the Kenai
Harbor as Needed for Public Safety and/or to Protect Public and Private
Property. ................................................................................................................ Pg 65
11. Action/Approval – Council Confirmation of Mayor’s Nomination to Appoint
Nate Kiel to the Planning and Zoning Commission. ............................................... Pg 67
City of Kenai Council Meeting Agenda Page 2 of 4
April 2, 2014
12. Action/Approval – Approving the City Manager’s Amended Employment
Agreement. [Clerk’s Note: Council may enter into executive session to further
discuss this matter pursuant to Alaska Statutes 44.62.310(C)(2)]. ......................... Pg 69
13. Action/Approval – Consent to Assignment of Lease for Lot 7, Block 5,
General Aviation Apron, Kenai Recording District from Jacqueline Ann
Swanson to Swanson Properties, LLC. .................................................................. Pg 71
14. Action/Approval – Consent to Assignment of Lease for Lot 6, Block 5,
General Aviation Apron, Kenai Recording District from Jacqueline Ann
Swanson to Swanson Properties, LLC. .................................................................. Pg 71
15. Discussion – City Council Policy’s on Council Member Travel and Gifting. .......... Pg 81
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission ............................................................................................... Pg 83
3. Harbor Commission ............................................................................................... Pg 87
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission ......................................................................... Pg 89
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
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
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 93
City of Kenai Council Meeting Agenda Page 3 of 4
April 2, 2014
2. Correspondence from the Kenai Historical Society in regard to the One-Way
Street in Old Town Kenai. ............................................................................................ Pg 95
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 4 of 4
April 2, 2014
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Suggested by: Mayor Porter
Council Member Navarre
CITY OF KENAI
ORDINANCE NO. 2744-2014 (AMENDED)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 13.20.035-CAMPING, FIRES AND OTHER ACTIVITIES ON CITY BEACHES, TO
DELINEATE AN AREA ON THE SOUTH BEACH WHERE CAMPING, FIRES AND
PARKING IS NOT PERMITTED.
WHEREAS, private property owners along the City’s South Beach have complained
about noise, smoke, garbage, trespass and property damage related to camping, fires,
and parking activities in front of their residences; and,
WHEREAS, camping, fires and parking activities on the City’s South Beach increase
the risk of damage to environmentally sensitive areas; and,
WHEREAS, these same activities can create trash, debris, human waste and
enforcement issues; and,
WHEREAS, limiting camping, fires, and parking on the City’s South Beach to a
described area north of the most northerly residence on the South Beach will decrease
conflicts between private property owners and the public, allow better enjoyment of
private property, decrease risks to environmentally sensitive areas and increase the
City’s efficiency in cleaning the South Beach and enforcing City ordinances and
regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Enacting Section 13.20.035 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 13.20.035 – Camping, Fires, and Other Activities on City
Beaches, is hereby Enacted as follows:
Section 13.20.035 – Camping, Fires, and Other Activities on City Beaches.
(a) The intent of this section of code is to regulate camping, fires and other
activities on City beaches that threaten or have the potential to threaten or
damage public and private property, use and enjoyment of the beaches, public
welfare, and other City interests. The following is prohibited:
1. Camping, starting or maintaining open fires, and parking on City
Beaches as follows:
_____________________________________________________________________________________
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Ordinance No. 2744-2014
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A. On that portion of the South Beach beginning at the line common
to the NE ¼, and SE ¼, of Section 7, Township 5 North, Range 11
West, Seward Meridian Alaska South to the City of Kenai
boundary, located on Section 7 and 18, Township 5 North, Range
11 West, Seward Meridian, as shown on Appendix V of Title 13 of
the Kenai Municipal Code.
B. Without further authorization, the City Manager may temporarily
expand the area(s) closed to camping, starting or maintaining
open fires, and parking on City Beaches as necessary to protect
the public health and welfare, City interests or private property for
periods not to exceed 30 days. Further extensions of not more
than 60 days may be approved by resolution of the City Council.
In all cases, reasonable public notice shall be provided.
C. The provisions of this section do not apply to governmental
officials in the performance of their official duties, or to private
property owners otherwise lawfully engaged in activities on their
private property.
(b) A violation of this section shall be punishable as provided in KMC 13.05.010.
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.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of April,
2014.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: March 19, 2014
Adopted: April 2, 2014
Effective: May 2, 2014
_____________________________________________________________________________________
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KENAI CITY COUNCIL – REGULAR MEETING
MARCH 19, 2014 – 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 March 19, 2014, 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 Vice Mayor Ryan Marquis
Robert Molloy Brian Gabriel
Terry Bookey Tim Navarre
Mike Boyle
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Mayor Porter advised of the following requested additions to the packet:
D.1 -- Resolution No. 2014-20
• Memorandum from Council Member Molloy
• Amendment Memorandum
G. 4 -- Ordinance No. 2744-2014
• Memorandum from Council Member Molloy
G.5 -- Mayoral Nomination and Council Confirmation of Appointing an Applicant to the
Planning and Zoning Commission.
• Applications Submitted by Required Deadline
Page 35 of 81
H.2 -- Airport Commission Report
• Paint the Kenai Community Mural Project Proposed Display Locations
3. Agenda Approval
MOTION:
Council Member Molloy MOVED to approve the agenda including the material the Mayor
noted as lay down additions to the packet and requested UNANIMOUS CONSENT. Vice
Mayor Marquis SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Vice Mayor Marquis MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment on consent agenda items, there being
no one wishing to speak, 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
1. Bob Myles, Kenai Resident – Veteran’s Memorial at Leif Hansen Memorial
Park.
Mr. Myles spoke in favor of the Veteran’s Memorial located at the Leif Hansen
Memorial Park and in opposition to the City moving the memorial or making any
changes to the monument.
2. Bruce Friend, South Beach Waterfront Landowners Coalition – South Beach
Access for Kenai Personal Use Dipnet Fishery.
Members of the Coalition addressed Council to speak in favor of adopting
Resolution No. 2014-20 and Ordinance No. 2744-2014 and further requested to
have vehicular traffic prohibited on the beach to protect private property and
community resources.
City of Kenai Council Meeting Minutes Page 2 of 9
March 19, 2014
Page 36 of 81
C. UNSCHEDULED PUBLIC COMMENTS
The following individuals spoke in favor of the Veteran’s Memorial located in the Leif
Hansen Memorial Park:
David Caswell
Dave Thompson
Chris Garcia
Paul Morrison
Gregory Frite
Nora Erickson
John Gomulak
Herb Stetler
Nick Nelson
Bob Myles
Neil Jade Apparon
Susan Diaz
Joe Sawyer
Mayor Porter and Council thanked all participants for their testimony and thanked the
Veteran’s for their services to the Country.
MOTION:
Council Member Navarre MOVED to suspend the rules. Council Member Gabriel
SECONDED the motion.
VOTE ON MOTION:
YEA: Navarre, Porter, Gabriel
NAY: Bookey, Boyle, Marquis, Molloy,
MOTION FAILED.
D. PUBLIC HEARINGS
1. 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.
MOTION:
Council Member Bookey MOVED to enact 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. Council Member Molloy SECONDED the
motion.
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 3 of 9
March 19, 2014
Page 37 of 81
VOTE ON MOTION:
YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle
NAY:
MOTION PASSED UNANIMOUSLY.
2. Resolution No. 2014-19 – Authorizing the Use of the Equipment Replacement
Fund to Purchase a Loader.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2014-19, authorizing the use
of the equipment replacement fund to purchase a loader 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.
3. Resolution No. 2014-20 – Recommending that the Alaska Department of
Natural Resources Seasonally Close Vehicular Access on a Portion of the
Section Line Easement Accessing the City’s South Beach to the North of Dunes
Road.
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2014-20, recommending that
the Alaska Department of Natural Resources seasonally close vehicular access on a
portion of the section line easement accessing the City’s south beach to the north of
dunes road. Council Member Gabriel SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION TO AMEND:
Council Member Molloy MOVED to amend Resolution No. 2014-20, Section 1 to read as
follows: That the City of Kenai requests the Alaska Department of Natural Resources to
close or otherwise allow the City to close, during the Kenai personal use dip net fishery,
a portion of “Old Cannery Road” l (more particularly described as that portion of the
section line easement common to sections 7 and 18, Township 5 North, Range 11 West,
Seward Meridian, Alaska, lying West of the intersection of Old Cannery Road and Royal
Street to Mean High Water of Cook Inlet) to all motorized vehicles accessing the City’s
South Beach, except emergency response vehicles. Council Member Bookey
SECONDED the motion and requested UNANIMOUS CONSENT.
City of Kenai Council Meeting Minutes Page 4 of 9
March 19, 2014
Page 38 of 81
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
Discussion ensued regarding whether the City had authority to close the road; the
majority of Council spoke in favor of the resolution as a recommendation to the
Department of Natural Resources.
VOTE ON MAIN MOTION AS AMENDED: There being no objections, SO ORDERED.
4. Resolution No. 2014-21 – Awarding an Agreement for the Design of a New
Reservoir and Replacement of a Water Main.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2014-21, awarding an
agreement for the design of a new reservoir and replacement of a water main road and
requested UNANIMOUS CONSENT. 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: There being no objections, SO ORDERED.
E. MINUTES
1. *Work Session Meeting Notes of March 4, 2014
2. *Regular Meeting of March 5, 2014
3. *Special Meeting of March 6, 2014
4. *Special Meeting of March 10, 2014
All minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000
Approved by the consent agenda.
3. *Ordinance No. 2743-2014 – 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.
City of Kenai Council Meeting Minutes Page 5 of 9
March 19, 2014
Page 39 of 81
Ordinance was introduced by the consent agenda and scheduled for public hearing on
April 2, 2014.
4. *Ordinance No. 2744-2014 – Enacting KMC 13.20.035-Camping, Fires and
Other Activities on City Beaches, to Delineate an Area on the South Beach
Where Camping, Fires and Parking is Not Permitted.
Ordinance was introduced by the consent agenda and scheduled for public hearing on
April 2, 2014.
5. Action/Approval – Mayoral Nomination and Council Confirmation of
Appointing an Applicant to the Planning and Zoning Commission.
Mayor Porter nominated Nate Keil for appointment to the Planning and Zoning
Commission.
6. Action/Approval – Mayoral Nomination and Council Confirmation of
Reappointing Peggy Baxter to the Beautification Committee.
Mayor Porter nominated Peggy Baxter for re-appointment to the Beautification
Committee.
MOTION:
Council Member Bookey MOVED to confirm the nomination of Peggy Baxter to the
Beautification Committee and requested UNANIMOUS CONSENT. Council Member
Navarre SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
7. Action/Approval – Reschedule the May 21, 2014 City Council Meeting.
Council concurred to reschedule its May 21st meeting to Tuesday, May 20th.
8. Discussion/Action – Donation for Kenai Peninsula Hockey Association U16
Girls Hockey Team to Participate in Nationals.
MOTION:
Council Member Bookey MOVED to donate $250 to the U16 Girls Hockey Team and
requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion.
MOTION TO AMEND:
Council Member Boyle MOVED to amend the amount from $250 to $1,000. [Clerk’s
note: Due to a lack of a second, the motion did not move forward.]
City of Kenai Council Meeting Minutes Page 6 of 9
March 19, 2014
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VOTE: There being no objections, SO ORDERED.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – Vice Mayor Marquis reported the March meeting was
cancelled and the next meeting scheduled was on April 10th.
2. Airport Commission – Council Member Gabriel reported on the
Commission’s recommendation of location to place the Paint the Kenai mural
which was provided to Council as lay-down.
With no objection from Council on the placement recommended by the
Commission, the City Manager was directed to move forward with the project.
3. Harbor Commission – Council Member Molloy reviewed the Commissions
March 17, 2014 meeting noting that new commissioner Gary Greenberg
participated and that the Commission and the South Beach Coalition
addressed dip net issues.
4. Library Commission – No report.
5. Parks and Recreation Commission – No report.
6. Planning and Zoning Commission – Council Member Navarre advised that
the last meet was cancelled and next meeting was scheduled for March 26th.
7. Beautification Committee – Mayor Porter had no report.
8. Mini-Grant Steering Committee – Mayor Porter reported the Committee
approved two mini grants:
• Paint the Kenai Airport Mural (Painting Phase) – Soldotna Rotary Club
• City Shop Mural (Senior Project) – Kia Youngren-Brown
I. REPORT OF THE MAYOR
Mayor Porter reported the following:
• Attended a meeting regarding bed taxes
• Thanked those who contributed to the Employee Appreciation event
• Ideas for the Recreation Center
• Deferred to Council Member Gabriel regarding a request to travel to
Juneau
MOTION:
Vice Mayor Marquis MOVED to authorize Council Member Gabriel to attend the
hearings in Juneau related to fisheries and requested UNANIMOUS CONSENT. Council
Member Boyle SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
City of Kenai Council Meeting Minutes Page 7 of 9
March 19, 2014
Page 41 of 81
J. ADMINISTRATION REPORTS
1. City Manager – Koch reported the following:
• Budget assembling underway
• Meeting with State representatives from Fish and Game and the
South Beach Coalition regarding dip net issues
• Meeting in Juneau with the Senate Resource Committee and topics of
discussion
• Meeting with Representative Stoltze
• Meeting with Senator Micciche about the south beach issues.
• Advised of the scheduling conflict for the March 24th snow removal
work session
Council Member Navarre exited the meeting at 9:07p.
Council concurred to have the snow removal discussion added to the budget work
session on the April 23rd meeting.
2. City Attorney – reported he’d be testifying on Senate Bill 116 and House Bill
270
3. City Clerk –no report
Mayor thanked the Clerk for her work while being short staffed.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments –
Kate Tea, Kenai resident, thanked Council for their efforts on the south beach, spoke in
favor of the closure of the road, and requested Council keep chipping away at the dip net
fishery issues as the resource is begin eliminated.
Tom Lamansky, Kenai resident, thanked Council for listening to residents and
expressed concerns with the traffic on Cannery Road.
Bruce friend, Kenai resident, spoke on behalf of the South Beach Coalition.
2. Council Comments
Council Member Boyle thanked all that participated in the meeting for their comments.
Council Member Molloy welcomed the new Fire Chief, thanked those who addressed
Council, and commended the Coalition for their efforts.
Vice Mayor Marquis thanked the Coalition for their efforts on the south beach, thanked
all that spoke and stated that no one on Council was offended or requested to have any
changes made to the memorial.
City of Kenai Council Meeting Minutes Page 8 of 9
March 19, 2014
Page 42 of 81
Council Member Bookey thanked all that attended the meeting and spoke, advised
noted his decisions are made in the best interest of the city of Kenai, and welcomed
Chief Tucker back on the Peninsula.
Council Member Gabriel thanked those who attended the meeting and participated,
welcomed Chief Tucker, and noted he enjoyed the employee appreciation event.
L. EXECUTIVE SESSION – None Scheduled
M. PENDING ITEMS – None
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:27
p.m.
Minutes prepared and submitted by:
________________________________________
Sandra Modigh, CMC
City Clerk
City of Kenai Council Meeting Minutes Page 9 of 9
March 19, 2014
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MEMORANDUM
TO: Mayor Porter and City Councilors
FROM: Legal Department
DATE: March 28, 2014
SUBJECT: Amendments to City Managers Contract
On March 10, 2014, City Council held a special meeting and made a motion directing the City Attorney
to amend the City Manager’s Contract with the City to extend the contract for an additional 3 years. For
PERS implications the Contract Amendment reflects an extension until April 30, 2018 as follows:
SECTION 2:
TERM, DISCHARGE AND RESIGNATION
A. TERM
This 2014 Amended Employment Agreement shall have a term commencing March 6,
2015 and ending April 30, 2018, hereinafter the termination date. Employee agrees to
remain in the exclusive employment of the City until said termination date unless this
2014 Amended Employment Agreement is earlier terminated as hereinafter provided.
Employee’s term of employment shall end automatically on the termination date of this
contract unless the term of employment has been extended by mutual agreement in a duly
authorized written contract.
Employee acknowledges that he has been provided with and read the case of Ramsey v
Sand Point, 936 P.2d 126 (Alaska 1997). Employee acknowledges that as part of the
consideration of this contract he has agreed to waive that portion of Section 3-1(a) of the Kenai
City Charter which provides that the City Manager is appointed for an indefinite term and
accepts the term period of employment as set forth in this Agreement. Nothing in this 2014
Amended Agreement prevents the parties from extending the term of this contract by mutual
agreement
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
C:\Documents and Settings\smodigh\Local Settings\Temporary Internet
Files\Content.Outlook\7XYXQH2V\032714 Gift Travel Memo.docx
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KENAI AIRPORT COMMISSION
MARCH 13, 2014 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR HENRY KNACKSTEDT, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Chair Knackstedt called the meeting to order at 7:00 p.m. Roll was confirmed as
follows:
Commissioners present: Chair H. Knackstedt, J. Zirul, J. Bielefeld, G. Feeken,
C. Henry, L. Porter
Commissioners absent: A. McClure
Staff/Council Liaison present: Airport Manager M. Bondurant, Council Member
B. Gabriel
A quorum was present.
2. AGEND A APPROVAL
Chair Knackstedt requested the following change to the agenda:
ADD: 6-c New Business Proposed Changes to Order of Business
MOTION:
Commissioner Bielefeld MOVED to approve the amended agenda and Commissioner
Porter SECONDED the motion. There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. January 9, 2014
b. February 13, 2014
Commissioner Feeken requested her comment regarding the status of the
development strategies with the KEDS Action Team be added under Commissioner
Comments and Questions in the February 13 summary.
MOTION:
Commissioner Bielefeld MOVED to approve the amended summary of February 13
and the meeting summary of January 9 and Commissioner Porter SECONDED the
motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Marcus Mueller, Soldotna Rotary Club – Paint the Kenai Community
Mural Project
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Mr. Mueller reported on the mural project. Commission supported the project and the
suggested size.
5. UNFINISHED BUSINESS
a. Airport Master Plan – Phase II Report
Airport Manager Bondurant reviewed the memo in the packet, noting the consultant
would have a revised chapter 6 based on a meeting with the City Manager by the end
of March which will be submitted for review.
6. NEW BUSINESS
a. Marketing Strategy for Terminal Space
Bondurant thanked the City Manager, Commissioner Knackstedt and others for their
work removing the oil rig display and noted she was looking at marketing the space.
Knackstedt suggested the space be advertised as available.
b. Kenai Peninsula Air Fair
General discussion occurred regarding the choice of aircraft and the Commission
recommended a gray t-shirt for this year.
c. Proposed Changes to Order of Business
Knackstedt suggested deleting the “chair” under reports and adding Pending items and
Pledge of Allegiance to the agenda. General discussion followed.
MOTION:
Commissioner Bielefeld MOVED to delete chair report and add Pledge of Allegiance to
the order of business for each meeting and Commissioner Zirul SECONDED the
motion.
VOTE:
YEA:
NAY: Zirul, Bielefeld, Knackstedt, Feeken, Henry, Porter
MOTION FAILED UNANIMOUSLY.
7. REPORT
a. Commission Chair – No report.
b. Airport Manager – Bondurant reported on a good budget meeting with
AIRPORT COMMISSION MEETING
MARCH 13, 2014
PAGE 2
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the City Manager and military support for the Air Fair.
c. City Council Liaison – Council Member Gabriel reported on past
Council meetings.
8. NEXT MEETING ATTENDANCE NOTIFICATION – April 10, 2014
Commissioner Bielefeld requested an excused absence from the April 10 meeting.
9. COMMISSIONER COMMENTS AND QUESTIONS
Zirul requested adding the KEDS project be added to the agenda as unfinished
business.
Bielefeld noted three frost heaves at the south end need to be fixed.
10. PERSONS NOT SCHEDULED TO BE HEARD
Les and Susan Bradley – requested information on the Phase II Report, claiming
their lives are in limbo and they cannot invest in their property until they know the
status of the trees.
11. INFORMATION ITEMS
a. January 2014 Enplanement’s
b. February 2014 Airport Manager’s Report
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
8:49 p.m.
Meeting summary prepared and submitted by:
____________________________________
Corene Hall, CMC, Deputy City Clerk
AIRPORT COMMISSION MEETING
MARCH 13, 2014
PAGE 3
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KENAI HARBOR COMMISSION MEETING
MARCH 17, 2014 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR PHIL MORIN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Morin called the meeting to order at 7:05 p.m. Roll was confirmed as follows:
Commissioners present: Chair P. Morin, V. Askin, G. Greenberg, R. Peters, W. Nelson,
T. Thompson
Commissioners absent:
Staff/Council Liaison present: Public Works Director S. Wedemeyer, Council Member R. Molloy
A quorum was present.
2. AGENDA APPROV AL
MOTION:
Commissioner Thompson MOVED to approve the agenda with the Koch lay down added to 4b
and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – February 10, 2014
MOTION:
Commissioner Peters MOVED to approve the meeting summary of February 10 and
Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Bruce Friend, South Beach Land Owners Coalition – Personal Use Fishery
Mr. Friend spoke regarding concerns his neighborhood had regarding the personal use fishery.
Rick Koch, City Manager, Mayor Porter and Council Member Navarre – All spoke in
support of Ordinance No. 2744-2014 and Resolution No. 2014-20.
5. UNFINISHED BUSINESS
a. Update – 2013 Personal Use Fishery
Chair Morin gave a general overview of the Personal Use Fishery and general discussion
occurred.
6. NEW BUSINESS – None.
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7. REPORTS
a. Public Works Director – Wedemeyer reported on the water line to the dock
restrooms and discussed staffing for the FY15 budget.
b. Commission Chair – Morin thanked Bruce Friend for his presentation.
c. City Council Liaison – Council Member Molloy reviewed the recent trip to
Washington, DC to lobby for the Bluff Erosion Project; reported on evaluations of
City Manager, Clerk and Attorney; and, welcomed Commissioner Greenberg.
8. NEXT MEETING ATTENDANCE NOTIFICATION – April 7, 2014
No commissioners requested an excused absence from the April 7 meeting.
9. COMMISSIONER COMMENTS/QUESTIONS
Commissioner Peters welcomed Commissioner Greenberg.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
MOTION:
Commissioner Askin MOVED to adjourn and Commissioner Peters SECONDED the motion.
There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 9:07
p.m.
Meeting summary prepared and submitted by:
_____________________________________
Corene Hall, CMC, Deputy City Clerk
HARBOR COMMISSION MEETING
MARCH 17, 2014
PAGE 2
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CITY OF KENAI
PLANNING & ZONING COMMISSION
MARCH 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
Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair Twait, D. Fikes, P. Bryson, G. Pettey, H. Knackstedt,
K. Peterson
Commissioners absent: J. Arness
Staff/Council Liaison present: City Planner F. Krizmanich, Planning Assistant W. Anderson,
Mayor P. Porter, Deputy City Clerk C. Hall
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Knackstedt MOVED to approve the agenda and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes
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
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 26, 2014
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Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT – None.
4. CONSIDERATION OF PLATS
a. PZ14-06 – Preliminary Alaska State Land Survey No. 2012-04, Submitted by McLane
Consulting, Inc., P O Box 468, Soldotna, AK 99669
Krizmanich reviewed the staff report included in the packet, recommending approval with no
contingencies.
MOTION:
Commissioner Knackstedt MOVED to approve PZ14-06 and Commissioner Peterson
SECONDED the motion.
Twait opened the meeting to public hearing. There being no one wishing to speak, the public
hearing was closed.
Commissioners Peterson, Knackstedt, and Bryson spoke in favor of the resolution.
VOTE:
YEA: Fikes, Twait, Bryson. Pettey, Knackstedt, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS – None
6. UNFINISHED BUSINESS
a. Kenai Storefront Improvement Program
Krizmanich reviewed the staff report included in the packet and general discussion occurred.
Krizmanich reported he would create a document and bring it to the next meeting for review.
b. Planning Commission Priority List
Krizmanich reviewed the staff report included in the packet.
Twait opened the meeting to public hearing.
Kristine Schmidt, 513 Ash Avenue – Ms. Schmidt suggested including the Council and the
public in the creation of a priority list.
7. NEW BUSINESS
a. Special Use Permit – Dwight Davis – A portion of Lot 1, Block 1, Gusty Subd.
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Krizmanich reviewed the staff report included in the packet.
MOTION:
Commissioner Bryson MOVED to approve the Special Use Permit and Commissioner Peterson
SECONDED the motion.
VOTE:
YEA: Fikes, Twait, Bryson, Pettey, Knackstedt, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
8. PENDING ITEMS – None
9. REPORTS
a. City Council – Mayor Porter reviewed the action agenda included in the packet.
b. Borough Planning – Commissioner Bryson reported on the March 24 meeting.
c. Administration – City Planner Krizmanich reviewed the memorandum regarding KEE’s
Tern Subdivision.
10. PERSONS PRESENT NOT SCHEDULED – None.
11. INFORMATIONAL ITEMS
a. Kee’s Tern Subdivision – Naming of Streets
b. Ordinance No. 2734-2014 Telephonic Participation at Planning & Zoning
Commission Meetings
12. NEXT MEETING ATTENDANCE NOTIFICATION – April 9, 2014
No commissioners requested an excused absence from the April 9 meeting.
13. COMMISSION COMMENTS & QUESTIONS
Pettey thanked the Commission for the opportunity to serve.
Knackstedt welcomed Pettey to the Commission.
Bryson suggested changing the order of business.
MOTION:
Commissioner Knackstedt MOVED to add Persons Present Not Scheduled as No. 4 in the
agenda and Commissioner Fikes SECONDED the motion. There were no objections. SO
ORDERED.
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14. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:01
p.m.
Meeting minutes prepared and submitted by:
___________________________________
Corene Hall, CMC, Deputy City Clerk
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