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Home My WebLink About2015-06-17 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING JUNE 17, 2015, 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2835-2015 – Appropriating Funds in the General Fund and Authorizing the Closure of the Capital Project Management Fund. ........ Pg. 7 2. Ordinance No. 2836-2015 – Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. ............. Pg. 11 3. Ordinance No. 2837-2015 – Amending the Kenai Municipal Code Section 14.05.015 - Appointment to Planning and Zoning Commission, to Allow Council Members to Make Nominations from the Timely Applicants. .................. Pg. 15 4. Ordinance No. 2838-2015 – Declaring that T 5N R 11W Sec 5 Seward Meridian KN 0002970 Original Townsite of Kenai, Lot 1, Block 9, Kenai, Alaska, also known as 1109 Garden Avenue, Kenai, Alaska, whose Last Record Owner Under Borough Assessment Records was C/O Alice Tumsuden, Homer H Tumsuden, whose Address is, 3634 NE 46th Avenue, Portland, Oregon, 97213-1028, Shall be Retained by the City of Kenai for a Public Purpose. .............................................................................................................. Pg. 21 5. Ordinance No. 2839-2015 – Amending Certain Sections of Kenai Municipal Code Chapter 8.20-Fireworks Control, to Allow Limited Personal and Private Kenai City Council Meeting Page 2 of 5 June 17, 2015 Use of Salable Fireworks on December 31 and January 1 of Each Year and Make Other Housekeeping Changes. .................................................... Pg. 25 6. Resolution No. 2015-33 – Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 5, 2015, the Question of Amending Article 10, Elections, of the Charter of the City of Kenai to Provide Designated Seats for Each Council Position and Allow Qualified Voters to Vote in an Election for a Candidate for Each Seat. ......................................... Pg. 31 7. Resolution No. 2015-34 – Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 5, 2015, the Question of Amending Section 2-6. Council: Meetings, of the Charter of the City of Kenai to Allow for a Reduced Number of Required Council Meetings and Provide a Means to Cancel Council Meetings. ....................................................... Pg. 35 8. Resolution No. 2015-35 – Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 5, 2015, the Question of Amending Section 10-3. Filing, to Remove the Requirement that Candidates for Mayor and Council Provide a Petition Signed by Twenty or More Registered Voters. ................................................................................................... Pg. 37 9. Resolution No. 2015-36 – Awarding a Contract to Precious Janitorial for Janitorial Services for the Kenai Visitor and Cultural Center for the Total Amount of $11,136.00. .......................................................................... Pg. 39 10. Resolution No. 2015-37 – Awarding a Contract to Integrity Janitorial for Janitorial Services for Kenai City Hall for the Total Amount of $17,040.00. ............................................................................................................. Pg. 41 11. Resolution No. 2015-38 – Awarding a Contract to Precious Janitorial for Janitorial Services for the Kenai Community Library for the Total Amount of $33,540.00............................................................................................. Pg. 43 12. Resolution No. 2015-39 – Awarding a Contract to Precious Janitorial for Janitorial Services for the Kenai Municipal Airport for the Total Amount of $53,940.00............................................................................................. Pg. 45 13. Resolution No. 2015-40 – Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. ..... Pg. 47 14. Resolution No. 2015-41 – Awarding a Contract to Precious Janitorial for Janitorial Services for the Kenai Police Department for the Total Amount of $11,736.00............................................................................................. Pg. 49 15. Resolution No. 2015-42 – Renewing the City’s Insurance Coverage with Alaska Public Entity Insurance (APEI) to Commence July 1, 2015 and End June 30, 2016. ....................................................................................... Pg. 51 Kenai City Council Meeting Page 3 of 5 June 17, 2015 E. MINUTES 1.*Regular Meeting of June 3, 2015 ............................................................ Pg. 55 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 73 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 75 3. *Ordinance No. 2840-2015 – Appropriating Transfers for FY2016 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Cemetery Improvements Capital Project Fund. ............................................................................. Pg. 85 4. *Ordinance No. 2841-2015 – Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant from the United States Department of Agriculture Forest Service Passed Through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. ........................................ Pg. 89 5. *Ordinance No. 2842-2015 – Accepting and Appropriating Donations Received for the Municipal Park Playground Improvements Project. ..... Pg. 93 6. Action/Approval – Assignment of Lease between Rockwell G Smith d/b/a Preferred Plumbing & Heating and the City of Kenai for Property Described as Lot 10, Block 1, Etolin Subdivision to LORAC, LLC. ............................... Pg. 97 7. Action/Approval – Assignment of Lease between Rockwell G Smith d/b/a Preferred Plumbing & Heating and the City of Kenai for Property Described as Lot 11, Block 1, Etolin Subdivision to LORAC, LLC. ............................... Pg. 97 8. Action/Approval – Sixth Amendment to Lease between the City of Kenai and Wild Pacific Salmon, Inc. for Property Described as Lot 2, Kenai Spit Subdivision Extending the Term of the Lease for 25 Years. ................ Pg. 107 9. Action/Approval – Confirmation of the Mayor’s Nomination to the Planning & Zoning Commission. ........................................................................... Pg. 115 10. Action/Approval – Set a Work Session Date to Discuss a Draft Ordinance Addressing Junk Cars. ........................................................................ Pg. 123 11. Action/Approval – Action to be taken After the Outcome of the Work Session Regarding Legalization of Commercial Marijuana. 12. Action/Approval – Consent to Assignment of Concession Agreement for Fuel Services at the City’s Marine Fuel Dock. ............................................. Pg. 127 Kenai City Council Meeting Page 4 of 5 June 17, 2015 13. Action/Approval – Special Use Permit for On or Off-Loading Fish at the Kenai Municipal Airport Submitted by Snug Harbor Seafoods, Inc. ............... Pg. 131 14. Discussion Item – Changes in the City’s General Liability Insurance Coverage Which May change Council’s Direction to the Administration Regarding Surety Bonding Amounts Required for the City Manager, City Clerk, and Finance Director. ............................................................................................. Pg. 141 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission ............................................................................ Pg. 143 4. Parks and Recreation Commission ..................................................... Pg. 147 5. Planning and Zoning Commission ...................................................... Pg. 151 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ...................................................................................... Pg. 155 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None Scheduled. M. PENDING ITEMS 1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. 2. Ordinance No. 2829-2015 – Amending Kenai Municipal Code Section 1.90.030 – Qualifications, to Allow up to Two of the Seven Members of the Planning and Zoning Commission to be Non-Residents if They Either Own Property or a Business Located within the City and Making Other Housekeeping Changes. N. ADJOURNMENT **************************************************************************************************** Kenai City Council Meeting Page 5 of 5 June 17, 2015 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Kenai Spur Highway Rehabilitation – Letter from AKDOT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. [PAGE LEFT BLANK INTENTIONALLY] Page 6 of 173 Page 7 of 173 Page 8 of 173 Page 9 of 173 Page 10 of 173 Page 11 of 173 Page 12 of 173 Page 13 of 173 Page 14 of 173 Page 15 of 173 Page 16 of 173 Page 17 of 173 Page 18 of 173 Page 19 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 20 of 173 Page 21 of 173 Page 22 of 173 Page 23 of 173 Page 24 of 173 Page 25 of 173 Page 26 of 173 Page 27 of 173 Page 28 of 173 Page 29 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 30 of 173 Suggested by: Mayor CITY OF KENAI RESOLUTION NO. 2015-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR ELECTION OF OCTOBER 7, 2015, THE QUESTION OF AMENDING ARTICLE 10, ELECTIONS, OF THE CHARTER OF THE CITY OF KENAI TO PROVIDE DESIGNATED SEATS FOR EACH COUNCIL POSITION AND ALLOW QUALIFIED VOTERS TO VOTE IN AN ELECTION FOR A CANDIDATE FOR EACH SEAT. WHEREAS, Article 10 Elections, of the Charter of the City of Kenai provides for council members to be elected at large without designated seats; and, WHEREAS, under the current process, in addition to voting for a candidate for mayor, each voter is entitled to vote for two candidates for council from the pool of candidates, or write in a person whose name does not appear on the ballot; and, WHEREAS, this process entails that essentially all candidates for council are running against each other; and, WHEREAS, changing to a system where each council position has a designated seat and allowing voters to vote for one candidate for each seat may encourage more candidates to run because candidates can choose a seat to run for and avoid running against certain other candidates running for different seats. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the October 7, 2015 regular election in substantially the same form as set out hereafter: PROPOSITION No. X Elections Shall Title 10, Elections, of the Charter of the City of Kenai be amended to provide for designated seats for each council member position and allow qualified voters to vote for one candidate for each seat up for election, as opposed to the current process in which all candidates run against each other for the available council positions and qualified voters may vote for up to two candidates. Page 31 of 173 PROPOSITION YES [A Yes vote will amend the City’s Charter as described above] NO [A No vote will defeat the amendment described above] Section 2: That following the October 7, 2015 regular election, if the voters approve the proposition in substantially the same form as set out above, the following charter amendments would become effective: Section 10-2. Three-Year terms-Election at large-Nonpartisan Elections. (a) At the regular election in 1965, and at the regular election held every three years thereafter, a mayor shall be elected. At every regular election after this Charter goes into effect, two councilmen shall be elected. (b) The Mayor and the other councilmen shall be elected for overlapping terms of three years, and shall serve thereafter until their respective successors are elected and qualify; provided that, if only one councilman is elected and qualifies in any year (because of failure of other candidates to file or for other cause), then lots shall be cast in a meeting of the Council and under its direction to determine which of the two councilmen whose terms are about to expire shall continue to serve; and provided further that, if (because of a vacancy) there is only one councilman whose term is about to expire, he shall continue to serve in such case. (c) The terms of office of the mayor and other councilmen shall begin at the time prescribed for the second regular Council Meeting after their election. If the mayor-elect or a councilman-elect fails to qualify within one month after the beginning of his term, his election shall be void, and the Council shall fill the vacancy. (d) The mayor and other councilmen shall be elected at large, with council members elected to a seat designated as A, B, C, D, E or F, by the qualified voters of the entire City, by secret ballot. The election shall be nonpartisan, and no party designation or emblem shall be placed on the ballot. Section 10-3. Filing. Any qualified person may have his or her name placed on the ballot for the election as a candidate for mayor or councilman for a council seat by filing, with the City Clerk at times and pursuant to procedures provided by ordinance, a sworn statement of his candidacy provided that such sworn statement shall be accompanied by a nominating petition signed by 20 or more registered qualified city voters. Page 32 of 173 Section 10-4. Voting – Who Elected. (a) Every qualified voter of the City shall be entitled to vote for one candidate for mayor and for one candidate for each council seat [TWO CANDIDATES FOR COUNCILMAN. ON THE BALLOTS BETWEEN THE TITLE OF THE OFFICE AND THE NAMES OF THE CANDIDATES, SHALL BE PLACED THE INSTRUCTION “VOTE FOR ONE” OR “VOTE FOR TWO,” AS THE CASE MAY BE. ]A voter may also write in the name of, and vote for, a person whose name does not appear on the ballot for any designated council seat or for mayor. (b) The candidate for mayor receiving the greatest number of votes shall be elected. The [TWO] candidate[S] for each council[MAN] seat receiving the greatest number of votes shall be elected. In case of failure to elect because of a tie, the election shall be determined fairly by lot from among the candidates tying, in a meeting of the Council and under its direction. Section 10-5. Filling Vacancies at Elections, etc. When a mayor and/or councilman or councilmen are being elected to fill a vacancy or vacancies for the unexpired term or terms, the provisions of this Charter shall apply as in the election of a mayor and/or councilmen for regular terms, insofar as applicable. The phrases “for one-year term,” “For two-year term,” and/or “For three-year term,” as the case may be, shall be placed after the titles of the offices on the ballot as necessary to identify the places on the Council being filled at such election. [THE INSTRUCTION “VOTE FOR ONE” OR “VOTE FOR TWO” SHALL BE PLACED ABOVE THE NAMES OF THE CANDIDATES, DEPENDING ON WHETHER ONE OR TWO ARE TO BE ELECTED IN THE CATEGORY.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2015. _______________________________________ PAT PORTER, MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 33 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 34 of 173 Suggested by: Mayor CITY OF KENAI RESOLUTION NO. 2015-34 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR ELECTION OF OCTOBER 7, 2015, THE QUESTION OF AMENDING SECTION 2-6. COUNCIL: MEETINGS, OF THE CHARTER OF THE CITY OF KENAI TO ALLOW FOR A REDUCED NUMBER OF REQUIRED COUNCIL MEETINGS AND PROVIDE A MEANS TO CANCEL COUNCIL MEETINGS. WHEREAS, Section 2 – 6. Council: Meetings, of the Kenai City Charter requires the Council to hold at least two regular meetings every month without exception; and, WHEREAS, there are times when it is not necessary to hold two regular meetings each month or when such a schedule would greatly inconvenience council members, administrative staff and the public due to holidays and seasonal activities; and, WHEREAS, there are also times due to a lack of quorum or an emergency that necessitate canceling a regular meeting; and, WHEREAS, it is in the best interest of the City to provide for a process to cancel a limited number of regular meetings when such meetings are unnecessary, an emergency is present, there is a lack of quorum or some other reason justifies cancelation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the October 7, 2015 regular election in substantially the same form as set out hereafter: PROPOSITION NO. X Council: Meetings. Shall Section 2 – 6, Council: Meetings, of the Charter of the City of Kenai be amended to allow for cancellation of meetings by the Mayor due to lack of a quorum or for an emergency, or by a majority of council members for any reason as long as at least twenty (20) regular meeting are held each calendar year and at least one each month, along with other minor housekeeping amendments. Page 35 of 173 PROPOSITION YES [A Yes vote will amend the City Charter as described above] NO [A No vote will defeat the amendment described above] Section 2: That following the October 7, 2015 regular election, if the voters approve the proposition in substantially the same form as set out above, the following charter amendments would become effective: Section 2 – 6. Council: Meetings, of the Charter of the City of Kenai The Council shall hold at least two regular meetings every month unless canceled as provided in this section. Regular meetings shall be held at such times as [IT] may prescribe by ordinance, resolution, or rules of the Council. The Mayor or any four council[MEN] members may call special meetings. All meetings of the Council shall be open to the public, and the journal of its proceedings shall be open to public inspection; but committees of the Council, including the committee of the whole, may hold private meetings; provided that all actions of the Council shall be taken at public meetings. A meeting may be canceled by the Mayor due to lack of a quorum or for an emergency, or by a majority of council members for any reason as long as at least twenty regular meetings are held each calendar year and at least one each month. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2015. _______________________________________ PAT PORTER, MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 36 of 173 Suggested by: Mayor CITY OF KENAI RESOLUTION NO. 2015-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR ELECTION OF OCTOBER 7, 2015, THE QUESTION OF AMENDING SECTION 10-3. FILING, TO REMOVE THE REQUIREMENT THAT CANDIDATES FOR MAYOR AND COUNCIL PROVIDE A PETITION SIGNED BY TWENTY OR MORE REGISTERED VOTERS. WHEREAS, City Charter Section 10-3. Filing, requires that a candidate for mayor or council submit a petition signed by twenty (20) or more registered qualified City voters; and, WHEREAS, it is in the City’s best interest to eliminate the petition requirement for candidacy as requiring a candidate to submit a petition with signatures of twenty (20) or more voters merely presents an inconvenience to candidates and creates administrative work for the City without any real benefit to the public. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the October 7, 2015 regular election in substantially the same form as set out hereafter: PROPOSITION No. X Filing Shall Section 10-3, Filing, of the Charter of the City of Kenai be amended to eliminate the requirement that person running for Mayor or City Council submit a nominating petition signed by 20 or more registered City Voters. PROPOSITION YES [A Yes vote will amend the City Charter as described above] NO [A No vote will defeat the amendment described above] Page 37 of 173 Section 2: That following the October 7, 2015 regular election, if the voters approve the proposition in substantially the same form as set out above, the following charter amendments would become effective: Section 10-3. Filing, of the Charter of the City of Kenai Any qualified person may have his or her name placed on the ballot for the election as a candidate for mayor or councilman by filing, with the City Clerk at times and pursuant to procedures provided by ordinance, a sworn statement of his candidacy [;PROVIDED THAT SUCH SWORN STATEMENT SHALL BE ACCOMPANIED BY A NOMINATING PETITION SIGNED BY 20 OR MORE REGISTERED QUALIFIED CITY VOTERS]. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2015. _______________________________________ PAT PORTER, MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 38 of 173 Page 39 of 173 Page 40 of 173 Page 41 of 173 Page 42 of 173 Page 43 of 173 Page 44 of 173 Page 45 of 173 Page 46 of 173 Page 47 of 173 Page 48 of 173 Page 49 of 173 Page 50 of 173 Page 51 of 173 Page 52 of 173 Page 53 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 54 of 173 KENAI CITY COUNCIL – REGULAR MEETING JUNE 3, 2015 – 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 June 3, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:01 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Henry Knackstedt Robert Molloy Tim Navarre Brian Gabriel Ryan Marquis Terry Bookey A quorum was present. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk Terry Eubank, Finance Director 3. Agenda Approval Mayor Porter noted the following requested revisions/additions to the agenda/packet: Remove Item G.8 New Business • Action/Approval – Amendment to Lease between the City of Kenai and the State of Alaska, Alaska Court System for Lot 13, Block 1, Cook Inlet Industrial Air Park. Add New Item G.14 New Business • Action/Approval - Confirmation of the Mayor’s Nomination to Page 55 of 173 Appoint Hannah Drury as the City Council Student Representative. Add to item E.1 & E.2 Minutes • *Work Session of May 6, 2015 • *Work Session of May 8, 2015 Add to item D.2 Ordinance No. 2829 • Amendment Memorandum • Correspondence in Opposition from Kristine Schmidt Add to item G.5 Ordinance No. 2837 • Correspondence in Favor from Carol Freas Add to item D. 6 Ordinance No. 2833 • Amendment Memorandum MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Councilor Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Marquis SECONDED the motion. Mayor Porter opened public comment for items on the consent agenda; there being no one wishing to be heard, the 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 Page 56 of 173 C. UNSCHEDULED PUBLIC COMMENTS Michael Christian, resident of Kenai spoke about Kenai Municipal Code regarding development pointing out that no permits were required for recent land clearing in an area of a proposed gravel pit. He suggested that a code change could be made such that a property owner not be allowed to clear the property until a permit is issued or approval of a project is in place. Linda Williams, spoke about the benefits of having an on-site manager at Vintage Pointe. D. PUBLIC HEARINGS 1. Ordinance No. 2828-2015 – Amending Kenai Municipal Code, Title 23, “Personnel Regulations,” Chapter 23.55 entitled “Employee Classification”; and, 23.50 Fiscal Year 2016 Operating Budget Salary Schedule. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2828-2015; the motion was SECONDED by Council Member Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Administration advised that all position descriptions were upgraded and clarified in the code change and that the legal assistant was reclassified. Also clarified that the changes were not incorporated into the draft budget. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2829-2015 – Amending Kenai Municipal Code Section 1.90.030 – Qualifications, to Allow up to Two of the Seven Members of the Planning and Zoning Commission to be Non-Residents if They Either Own Property or a Business Located within the City and Making Other Housekeeping Changes. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2829-2015; the motion was SECONDED by Council Member Marquis. Mayor Porter opened the public hearing. Pat Falkenberg testified that five applicants, with interest in the City, from her neighborhood within the city limits, had been declined. Page 57 of 173 Michael Christian testified that applications should be retained for longer than one year; opposed appointment of someone outside the City to the Planning and Zoning Commission. Preston Williams testified that non-residents could go to meetings and encourage change, but residents have more at stake. There being no one else wishing to be heard, the public hearing was closed. MOTION TO AMEND: Councilor Bookey MOVED to amend by inserting “not approved” in the sixth whereas clause and requested UNANIMOUS CONSENT. Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by sending it back to the Planning and Zoning Commission for reconsideration and to come back to Council on July 1st; the motion died for lack of a second. Discussion took place regarding limiting to one seat and removing the property owner qualification leaving only the business owner qualification. [Clerk’s Note: In the following motions, additions are bolded and deletions are struck through.] MOTION TO AMEND: Council Member Gabriel MOVED to amend the fourth whereas clause as follows: allowing a non- residents that either owns a business physically located in the City or own property in the City will expand the available pool of planning and zoning commissioners while continuing to reasonably limit the opportunity to those that have an interest in the community; and, and also amend Section 2.c of the Ordinance to read: The Planning and Zoning Commission may have up to two one members that is not a resident of the City if they have a controlling ownership interest in property or a business physically located in the City.; the motion was SECONDED by Council Member Bookey. Discussion took place regarding interest in the City by business owners. MOTION TO AMEND THE AMENDMENT: Council Member Gabriel MOVED to amend the amendment by amending Section 2.c of the Ordinance to read: The Planning and Zoning Commission may have up to two one members that is not a resident of the City if they have a controlling ownership interest in property or a business physically located in the City.; and also to amend the title by changing the word two to one and removing the words “either” and “property or,” to read as follows: An Ordinance of the Council of the City of Kenai, Alaska, amending Kenai Municipal Code Section 1.90.030 – Qualifications, to allow up to two one of the seven members of the Planning and Zoning Commission to be non- residents if they either own property or a business located within the City and making other housekeeping changes.” and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member Marquis. Page 58 of 173 VOTE: There being no objections, SO ORDERED. There was discussion about other commissions that allow non-residents, council members supporting non-resident nominees, and the possibility of a vacant business owner being appointed. VOTE ON THE MOTION TO AMEND: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, NAY: Molloy MOTION: Council Member Gabriel MOVED to refer the ordinance as amended back to the Planning and Zoning Commission for reconsideration and to come back to Council on July 14th; the motion was SECONDED by Council Member Navarre. VOTE ON THE MOTION: YEA: Porter, Gabriel, Knackstedt, Navarre NAY: Molloy, Bookey, Marquis MOTION PASSED. 3. Ordinance No. 2830-2015 – Authorizing a Budget Transfer within the General Fund – Buildings and Non-Departmental Departments and Appropriating Funds in the Animal Control Improvements Capital Project Fund. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2830-2015; the motion was SECONDED by Council Member Gabriel. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2831-2015 – Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund – Police Department for Training Funds Provided by the Alaska Police Standards Council. MOTION: Page 59 of 173 Council Member Gabriel MOVED to enact Ordinance No. 2831-2015; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2832-2015 – Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund – Fire Department for Training Funds Provided by the Kenai Peninsula EMS Council. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2832-2015; the motion was SECONDED by Council Member Gabriel. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2833-2015 – Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2015 and Ending June 30, 2016. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2833-2015; the motion was SECONDED by Council Member Marquis. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2833-2015 by substitution and UNANIMOUS CONSENT was requested; the motion was SECONDED by Council Member Knackstedt. Page 60 of 173 VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Navarre MOVED to amend the substitute ordinance by incorporating the changes presented in quotes in the Finance Director’s memo dated 6/3/15; the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Marquis MOVED to amend the substitute ordinance by removing from 001 General Fund - Department 18 Non-Departmental, move Beaver Creek Playground Design to Beaver Creek Playground Equipment Purchase and Installation and amend funding from $20,000.00 to $40,000.00; the motion was SECONDED by Council Member Molloy. Discussion regarding the benefits of having a design prepared took place. VOTE ON THE AMENDMENT MOTION: YEA: Porter, Knackstedt, Marquis, Bookey, Molloy NAY: Navarre, Gabriel MOTION PASSED. Clarification was given on the functionality of the fountain at Leif Hansen Memorial Park and the value of the dues to Alaska Municipal League. MOTION TO AMEND: Council Member Marquis MOVED to amend the substitute ordinance by removing the $4,000.00 Grant to the Kenai Historic Society for the cabin tours; the motion was SECONDED by Council Member Bookey. Porter pointed out that the property and cabins were owned by the City; discussion took place regarding the condition of the cabins and the benefit of the tours. VOTE ON THE AMENDMENT MOTION: YEA: Marquis, Bookey, NAY: Porter, Gabriel, Knackstedt, Navarre, Molloy MOTION FAILED . Page 61 of 173 MOTION TO AMEND: Council Member Marquis MOVED to amend the substitute ordinance by removing the $10,000.00 for Field of Flowers Improvements in the Parks and Recreation portion of the budget; the motion was SECONDED by Council Member Bookey. Discussion took place regarding the condition of the field of flowers including re-growth, paths, and damage. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by removing $5,000.00 for Field of Flowers Improvements in the Parks and Recreation portion of the budget; the motion was SECONDED by Council Member Marquis. VOTE ON THE AMEND MENT MOTION: YEA: Marquis, Bookey, Molloy NAY: Porter, Gabriel, Knackstedt, Navarre MOTION FAILED. VOTE ON THE MOTION TO AMEND: YEA: Marquis, Bookey, Molloy NAY: Porter, Gabriel, Knackstedt, Navarre MOTION FAILED. MOTION TO AMEND: Council Member Bookey MOVED to amend the substitute ordinance by removing the Council Recommended Amendment of a $1,500.00 increase to the Clerk’s budget for software for the preparation of Council packets to be compatible with iPad devices to be purchased for Council members; the motion was SECONDED by Council Member Marquis. VOTE ON THE AMENDMENT MOTION: YEA: Marquis, Bookey NAY: Porter, Gabriel, Knackstedt, Navarre, Molloy MOTION FAILED. MOTION TO AMEND: Page 62 of 173 Council Member Bookey MOVED to amend the substitute ordinance by keeping the Building Maintenance Lead Technician, Maintenance Technician, Water Treatment Plant Foreman, and Water-Sewer Foreman in their current range and step on the pay scale after the results of the reclassification study; the motion was SECONDED by Council Member Marquis. MOTION TO AMEND THE AMENDMENT: Council Member Bookey MOVED to amend the amendment by keeping all affected employees in their current range and step on the pay scale after the results of the reclassification study; the motion was SECONDED by Council Member Marquis. VOTE ON THE AMENDMENT MOTION: YEA: Marquis, Bookey, Molloy, Gabriel NAY: Porter, Knackstedt, Navarre MOTION PASSED. VOTE ON THE AMENDED MOTION: YEA: Marquis, Bookey, Molloy NAY: Porter, Knackstedt, Navarre, Gabriel MOTION FAILED. MOTION TO AMEND : Council Member Navarre MOVED to amend the amount of the budget in Section 2 to $15,544,659.00; the motion was SECONDED by Council Member Marquis. VOTE ON THE AMENDMENT: YEA: Marquis, Bookey, Molloy Porter, Knackstedt, Navarre, Gabriel NAY: MOTION PASSED UNANIMOUSLY. Administration was thanked for the work on the budget and the work to keep the healthcare premium increases to a minimum. VOTE ON THE MAIN MOTION: YEA: Marquis, Bookey, Molloy, Porter, Gabriel, Knackstedt Navarre, NAY: MOTION PASSED. Page 63 of 173 7. Ordinance No. 2834-2015 – Increasing Estimated Revenues and Appropriations by $55,000 in the Senior Center Fund for the Purchase of a Wheel Chair Accessible Van and Waiving Kenai Municipal Code 7.15.040 – Competitive Bidding, to Allow for a Sole Source Purchase of the Vehicle. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2834-2015; the motion was SECONDED by Council Member Gabriel. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was pointed out that the funds were donated from Senior Connection; they were commended. It was also pointed out that a local vendor was identified to be used. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 8. Resolution No. 2015-30 – Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2015 and Ending June 30, 2016. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2015-30 and requested UNANIMOUS CONSENT. Marquis SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was pointed out that the packet contained the value of what the property taxes paid for. VOTE: There being no objections, SO ORDERED. 9. Resolution No. 2015-31 – Authorizing a Budget Transfer in the General Fund for Health Care Related Costs. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2015-31 and requested UNANIMOUS CONSENT. Molloy SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. Page 64 of 173 10. Resolution No. 2015-32 – Authorizing a Budget Transfer within the Airport Fund – Administration Department for Leave in Excess of Budgeted Amounts. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2015-32 and requested UNANIMOUS CONSENT; the motion was SECONDED by Bookey. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Work Session of May 6, 2015 2.*Work Session of May 8, 2015 3.*Regular Meeting of May 20, 2015 4.*Work Session of May 27, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2835-2015 – Appropriating Funds in the General Fund and Authorizing the Closure of the Capital Project Management Fund. Introduced on the consent agenda and public hearing set on June 17, 2015. 4. *Ordinance No. 2836-2015 – Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. Introduced on the consent agenda and public hearing set on June 17, 2015. 5. *Ordinance No. 2837-2015 – Amending the Kenai Municipal Code Section 14.05.015 - Appointment to Planning and Zoning Commission, to Allow Council Members to Make Nominations from the Timely Applicants. Introduced on the consent agenda and public hearing set on June 17, 2015. Page 65 of 173 6. *Ordinance No. 2838-2015 – Declaring that T 5N R 11W Sec 5 Seward Meridian KN 0002970 Original Townsite of Kenai, Lot 1, Block 9, Kenai, Alaska, also known as 1109 Garden Avenue, Kenai, Alaska, whose Last Record Owner Under Borough Assessment Records was C/O Alice Tumsuden, Homer H Tumsuden, whose Address is, 3634 NE 46th Avenue, Portland, Oregon, 97213-1028, Shall be Retained by the City of Kenai for a Public Purpose. Introduced on the consent agenda and public hearing set on June 17, 2015. 7. *Ordinance No. 2839-2015 – Amending Certain Sections of Kenai Municipal Code Chapter 8.20-Fireworks Control, to Allow Limited Personal and Private Use of Salable Fireworks on December 31 and January 1 of Each Year and Make Other Housekeeping Changes. Introduced on the consent agenda and public hearing set on June 17, 2015. 8. Action/Approval – Amendment to Lease between the City of Kenai and the State of Alaska, Alaska Court System for Lot 13, Block 1, Cook Inlet Industrial Air Park. [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] 9. Action/Approval – Confirmation of the Mayor’s Nomination to Appoint Shauna Thornton to the Harbor Commission. MOTION: Council Member Molloy MOVED to confirm the Mayor’s nomination and requested UNANIMOUS CONSENT; the motion was SECONDED by Marquis. VOTE: There being no objections, SO ORDERED. 10. Action/Approval – Providing Direction to the City Manager on the Purchase of iPads, Microphones, and Power/Docking Stations along the Front of the Dais. MOTION: Council Member Navarre MOVED to approve providing direction to the city manager to purchase iPads, microphones, and power docking stations for the dais; the motion was SECONDED by Gabriel. Discussion regarding the number of iPads, a façade for the dais and development of a council policy for the iPads took place. MOTION: Council Member Marquis MOVED to divide the question and consider microphones and power docking stations separately from the iPads; the motion was SECONDED by Bookey and UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. Page 66 of 173 Microphone quality was discussed. VOTE ON MICROPHONES AND POWER DOCKING STATIONS: VOTE: UNANIMOUS CONSENT was requested; there being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to direct the manager to order no more than seven iPads so that there were no extra devices ordered; the motion was SECONDED by Marquis. VOTE ON THE AMENDMENT: YEA: Marquis, Molloy, Porter, Knackstedt, Navarre, Gabriel NAY: Bookey MOTION PASSED. Marquis requested an iPad not be purchased for him. It was requested that software purchased for iPads be compatible with other personal electronic devices. VOTE ON IPADS AS AMENDED: YEA: Molloy, Porter, Knackstedt, Navarre, Gabriel NAY: Marquis, Bookey, MOTION PASSED. 11. Action/Approval – Schedule a Work Session to Discuss the Commercial Legalization of Cannabis. Bloom informed that the state didn’t pass any legislation regarding commercial cannabis and the need for consideration in the case that planning and zoning needed to look into ordinance. It was decided that there would be a work session on 6/16 at 6pm – 8pm. And that there would be an action/discussion item on the 6/17 agenda. 12. Action/Approval – Renewal of Special Use Permit for Reddi Towing and Salvage, LLC. For Lot 4, Block 5, Cook Inlet Industrial Park. MOTION: Council Member Bookey MOVED to approve Special Use Permit for Reddi Towing and Salvage and requested UNANIMOUS CONSENT; the motion was SECONDED by Gabriel. VOTE: There being no objections, SO ORDERED. Page 67 of 173 13. Action/Approval – Special Use Permit for the Summer Ice 2015 at the ConocoPhillips / City of Kenai Multi-Purpose Facility Submitted by Vince Redford of Redline Sports. MOTION: Council Member Marquis MOVED to approve the Special Use Permit to Vince Redford for 2015 Summer Ice and requested UNANIMOUS CONSENT; the motion was SECONDED by Bookey. VOTE: There being no objections, SO ORDERED. 14. Action/Approval – Confirmation of the Mayor’s Nomination to Appoint Hannah Drury as the City Council Student Representative. MOTION: Council Member Molloy MOVED to confirm the Mayor’s nomination and requested UNANIMOUS CONSENT; the motion was SECONDED by Knackstedt. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – no report. 2. Airport Commission – no report. 3. Harbor Commission – next meeting June 8th. 4. Parks and Recreation Commission – next meeting June 4th. 5. Planning and Zoning Commission – it was reported that there was a work session to see the proposed gravel pit and at the meeting, a Conditional Use Permit and Setback Variance were approved for the gravel pit. 6. Beautification Committee – no report. 7. Mini-Grant Steering Committee – it was reported that $500 was granted to Kenai Peninsula Community Care Center to plant and maintain shrubs and flowers at Forrest Drive Park. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • SERTAC anniversary presentation; photographs of coastline. • Kenai Wildlife Refuge for opening of refuge visitor center. • Lynden BBQ for employees and customers. • Chamber board meeting. • Relay for life. • Rented a garden spot to plant perennial flowers to donate to the City. Page 68 of 173 J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Requested direction on draft Ordinance 28XX – 2015 – Junk Vehicles • Personal use fisheries preparation; department meetings. • Healthcare plans; employee involvement and meetings. Council and Administration discussed dates for a work session for the junk vehicle ordinance. It was decided that an action/discussion item to schedule a work session would be on the 6/17 meeting agenda. 2. City Attorney – No report. 3. City Clerk – Reported that she is out of the office June 4th through June 12th and that Deputy Clerk, Jamie Heinz would be acting City Clerk in her absence. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Vivian Carey spoke in favor of a Vintage Pointe resident manager as opposed to an agency. 2. Council Comments Councilor Knackstedt thanked the airport for the shirts and pointed out the Air Fair is on June 13th. Council Members Molloy and Marquis thanked the public for their comments. Council Member Bookey thanked the public for their participation and requested that an iPad not be purchased for him. Vice Councilor Gabriel echoed other gratitude for public comments, specifically the comments concerning Vintage Pointe. Council Member Naverre thanked Vintage Pointe residents for their comments, spoke about the Industry Day Picnic scheduled for August 29th and invited all to attend an Industry Day Planning Meeting on June 22nd. Additionally he reported that the Airport Commission had a meeting on June 11th. Mayor Porter thanked the public for testifying and reminded everyone about the upcoming Coffee with the Mayor on Saturday. L. EXECUTIVE SESSION 1. Regarding the Vintage Pointe Maintenance/Caretaker Contracted Services which would Clearly have an Adverse Effect Upon the Finances of the City and Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential (Attorney-Client Privilege) [AS 44.62.310 (c)(1)(3)]. Page 69 of 173 MOTION: Council Member Marquis MOVED to convene in executive session Regarding the Vintage Pointe Maintenance/Caretaker Contracted Services which would Clearly have an Adverse Effect Upon the Finances of the City and Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential (Attorney-Client Privilege) [AS 44.62.310 (c)(1)(3)]. Council Member Molloy SECONDED the motion. Availability of the City Manager, City Attorney, City Clerk and Finance Director was requested. Clarification was given that the need for the executive session was because the management contract for Vintage Pointe had expired. VOTE: YEA: Marquis, Molloy, Porter, Knackstedt, Navarre, Gabriel, Bookey NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session. It was explained that Administration had planned on going out to bid for a management contract for Vintage Pointe. MOTION: Council Member Molloy MOVED to direct administration to solicit proposals for a facilities management contract that will maintain an onsite facility manager for Vintage Pointe under a contract for three years with two one year extensions; the motion was SECONDED by Council Member Bookey. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. M. PENDING ITEMS 1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:47 p.m. Page 70 of 173 I certify the above represents accurate minutes of the Kenai City Council meeting of June 3, 2015. _____________________________ Sandra Modigh, CMC City Clerk Page 71 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 72 of 173 Page 73 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 74 of 173 Page 75 of 173 Page 76 of 173 Page 77 of 173 Page 78 of 173 Page 79 of 173 Page 80 of 173 Page 81 of 173 Page 82 of 173 Page 83 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 84 of 173 Page 85 of 173 Page 86 of 173 Page 87 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 88 of 173 Page 89 of 173 Page 90 of 173 Page 91 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 92 of 173 Page 93 of 173 Page 94 of 173 Page 95 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 96 of 173 Page 97 of 173 Page 98 of 173 Page 99 of 173 Page 100 of 173 Page 101 of 173 Page 102 of 173 Page 103 of 173 Page 104 of 173 Page 105 of 173 Page 106 of 173 Page 107 of 173 Page 108 of 173 Page 109 of 173 Page 110 of 173 Page 111 of 173 Page 112 of 173 Page 113 of 173 Page 114 of 173 MEMO: TO: Mayor and City Council Members FROM: Jamie Heinz, Acting City Clerk DATE: June 12, 2014 SUBJECT: Planning & Zoning Commission Vacancy The Planning & Zoning Commission currently has one vacancy. All requirements pursuant to Code have been met to fill this vacancy. Applications received for consideration are attached to this correspondence. Pursuant to KMC 14.05.015 (b),”… the Mayor shall make nominations only from the list of persons who timely submitted an application…” and, as per 14.15.015 (c), “… The Kenai City Council shall review the Mayor’s nomination no later than the next regular Council meeting following the meeting in which the Mayor made the nomination…” Council shall consider confirmation of the Mayor’s nomination no later than the July 1 meeting, but may confirm at the June 17 meeting. Attachments 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 115 of 173 Page 116 of 173 Page 117 of 173 Page 118 of 173 Page 119 of 173 Page 120 of 173 Page 121 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 122 of 173 Page 123 of 173 Page 124 of 173 Page 125 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 126 of 173 Page 127 of 173 Page 128 of 173 Page 129 of 173 Page 130 of 173 Page 131 of 173 Page 132 of 173 Page 133 of 173 Page 134 of 173 Page 135 of 173 Page 136 of 173 Page 137 of 173 Page 138 of 173 Page 139 of 173 Page 140 of 173 Page 141 of 173 Page 142 of 173 KENAI HARBOR COMMISSION MEETING JUNE 8, 2015 – 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 7:00 p.m. Roll was confirmed as follows: Commissioners present: Chair P. Morin, B. Peters, W. Nelson, V. Askin, S. Thornton Commissioners Absent: T. Thompson, G. Greenberg, Staff/Council Liaison present: Public Works Director S. Wedemeyer, Council Liaison Vice Mayor Gabriel A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Askin MOVED to approve the agenda with the removal of Old Business item a. South Beach Road and the addition of New Business item b. Paperless Commission Packets; Commissioner Peters SECONDED the motion. There were no objections; SO ORDERED. 4. APPROVAL OF MEETING SUMMARY – May 11, 2015 MOTION: Commissioner Peters MOVED to approve the meeting summary of May 11, 2015 and Commissioner Nelson SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS NOT SCHEDULED TO BE HEARD – None. 5. UNFINISHED BUSINESS a. South Beach Road [Clerk’s Note: This item was removed at approval of the agenda] 6. NEW BUSINESS a. Sixth Amendment to Lease between the City of Kenai and Wild Pacific Salmon, Inc. for Property Described as Lot 2, Kenai Spit Subdivision Extending the Term of the Lease for 25 Years. Page 143 of 173 MOTION: Commissioner Peters MOVED to recommend approval of the lease and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. b. Paperless Commission Packets It was explained that individuals could request paper packets if they wanted. MOTION: Commissioner Peters MOVED to receive paperless packets with the condition that any commissioner who prefers a paper packet can request one be mailed to them and Commissioner Nelson SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Public Works Director – Wedemeyer reported on the following: • Upgrades to the water system at the dock and restrooms. • Assignment of the Fuel Agreement to Copper River Seafoods. b. Commission Chair – None. c. City Council Liaison – Vice Mayor Gabriel reported on the May 20, 2015 and June 3, 2015 Council meetings as well as the May 27, 2015 Special Meeting regarding the City Manager’s evaluation. 8. NEXT MEETING ATTENDANCE NOTIFICATION – July 6, 2015 Director Wedemeyer advised he would not be in attendance. 9. COMMISSIONER COMMENTS/QUESTIONS Commissioner Peters asked if the fire department evaluation would affect the insurance and he was advised to discuss with the city manager. Commissioner Nelson asked if free passes would be available during the dipnet season and he was advised to request them from the city manager. 10. PERSONS NOT SCHEDULED TO BE HEARD – None. 11. INFORMATION – None. 12. ADJOURNMENT MOTION: Page 144 of 173 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 7:40 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC, Deputy City Clerk Page 145 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 146 of 173 KENAI PARKS & RECREATION COMMISSION JUNE 4, 2015 CITY HALL COUNCIL CHAMBERS 7:10 P.M. CHARIMAN AL HULL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Hull called the meeting to order at 7:00 p.m. Roll was confirmed as follows: Commissioners present: A. Hull, C. Stephens, R. Tunseth, N. Widmayer, E. Castillo Commissioners absent: H. Spann, M. Lindeman, Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Liaison Mayor Porter A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Tunseth MOVED to approve the agenda with the addition of New Business Item Lawn Area at Municipal Park and Commissioner Widmayer SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY – May 7, 2015 MOTION: Commissioner Tunseth MOVED to approve the meeting summary of May 7, 2015 and Commissioner Castillo SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None 5. PERSONS PRESENT NOT SCHEDULED – None 6. UNFINISHED BUSINESS a. Unplatted Roadway between Fine Arts Center/Historic Cabin Park and Old Town Park Discussion regarding public testimony received at the May 7 Worksession and landscaping took place. It was decided Director Frates would work with the Fine Arts Center and Historic Society on design and function. MOTION: Commissioner Tunseth MOVED to recommend to City Council to close the undedicated road and Commissioner Stephens SECONDED the motion. Page 147 of 173 VOTE: YEA: Hull, Stephens, Tunseth, Castillo NAY: Widmayer MOTION PASSED. 7. NEW BUSINESS a. Lawn at Municipal Park Chair Hull explained that he visited the parks over the weekend and all were very busy, particularly Municipal Park; suggested adding green space. The importance of a buffer of trees between the green space and Forrest Drive as well as identifying any old barabaras or house pits in the area. 8. REPORTS a. Parks and Recreation Director – Frates noted Stanton Woodworks has been work on the animal carving for Municipal Park; contractors begin on June 13th. b. Commission Chair – Hull noted the how busy the park areas have been the past few weekends. c. City Council Liaison- Mayor Porter discussed budget matters; particularly FY16 funding for Beaver Creek Park. 9. NEXT MEETING ATTENDANCE NOTIFICATION – June 4, 2015 Commissioners Hull and Widmayer advised they would not be in attendance. 10. COMMISSION QUESTIONS & COMMENTS a. Commissioner Widmayer noted that the Kenai Golf Course has been busy with their annual Hooked on Golf Program. 11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None. 12. INFORMATION – None. 13. ADJOURNMENT MOTION: Commissioner Stephens MOVED to adjourn and Commissioner Widmayer SECONDED the motion. There were no objections; SO ORDERED. There being no further business before the Commission, the meeting was adjourned at 8:00 p.m. Page 148 of 173 Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 149 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 150 of 173 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 10, 2015 - 7:00 P.M. VICE CHAIR DIANE FIKES, PRESIDING MINUTES 1. CALL TO ORDER Commissioner Fikes 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: G. Pettey, K. Peterson, J. Glendening, D. Fikes R. Springer Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, H. Knackstedt, Mayor Porter A quorum was present. c. *Excused Absences – J. Twait d. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda; Commissioner Pettey SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Springer SECONDED the motion. There were no objections; SO ORDERED. *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 –May 27, 2015 Approved by the consent agenda. Page 151 of 173 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None. 5. CONSIDERATION OF PLATS: a. PZ15-16 – Preliminary Original Plat Thompson Subdivision Smith Replat submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611. City Planner Kelley reviewed his staff report recommending approval of the plat. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15-16 and Commissioner Springer SECONDED the motion. VOTE: YEA: Pettey, Peterson, Fikes, Glendening, Springer NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ15-15 – Application for a Conditional Use Permit for an unoccupied accessory structure without a main building on a residential parcel for the property known as Lot 7, Block H, Beaver Creek Alaska Subdivision, the application was submitted by Thomas Fruichantie, Kenai, AK 99611. City Planner Kelley reviewed his staff report recommending approval of the conditional use permit. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15-15 and Commissioner Peterson SECONDED the motion. Vice Chair Fikes opened and closed the public hearing; there was no one wishing to speak. Clarification was given regarding the permits that will be issued to move the structure, the length of the permit and that approved siding and roofing would be used. VOTE: YEA: Pettey, Peterson, Fikes, Glendening, Springer NAY: Page 152 of 173 MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Discussion and Recommendation pertaining to Application for Lease Extension between the City of Kenai, Lessor, and Wild Pacific Salmon, Inc., Lessee, for Lot 2, Kenai Spit Subdivision, for the term of 25 years. City Planner Kelley reviewed his staff report recommending approval of the lease extension. MOTION: Commissioner Glendening MOVED to approve the lease extension to Wild Pacific Salmon, Inc. and Commissioner Peterson SECONDED the motion. During discussion it was clarified that an appraiser advises the City on the amount of the lease payments, the reason for the length of the lease, and that code outlines the process for reviewing leases. VOTE: YEA: Pettey, Peterson, Fikes, Glendening, Springer NAY: 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Knackstedt reviewed action taken at the meeting on June 3, 2015. b. Borough Planning – Glendening reviewed action taken at the meeting on June 8, 2015. c. Administration – Kelley reviewed upcoming worksessions regarding an ordinance allowing a non-resident seat on the Planning & Zoning Commission and the commercial legalization of cannabis. He also reminded the Commission about the Kenai Air Fair on Saturday, June 13, 2015. 11. PERSONS PRESENT NOT SCHEDULED: Pat Falkenberg thanked the Commissioners for their time on the Commission and spoke about the benefits of residents sitting on the Planning and Zoning Commission. 12. INFORMATIONAL ITEMS – None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: June 24, 2015 Page 153 of 173 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Peterson thanked Ms. Falkenberg for her testimony; appreciated congruency of agreements the Commission has come to. Commissioner Glendening thanked the members of the community that have testified at meetings noting that they are the conscience of the community. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:48 p.m. Minutes prepared and submitted by: _____________________________ Sandra Modigh, CMC City Clerk Page 154 of 173 Page 155 of 173 Page 156 of 173 Page 157 of 173 Page 158 of 173 Page 159 of 173 Page 160 of 173 Page 161 of 173 Page 162 of 173 Page 163 of 173 [PAGE LEFT BLANK INTENTIONALLY] Page 164 of 173 Page 165 of 173 Page 166 of 173 Page 167 of 173 Page 168 of 173 Page 169 of 173 Pa g e 17 0 of 17 3 Pa g e 17 1 of 17 3 Pa g e 17 2 of 17 3 Pa g e 17 3 of 17 3